ליתני האי ולא ליתני האי סיפא אצטריכא ליה ובכתבי הקדש אע"פ ששניהם רוצים לא יחלוקו):
How then have you explained the Mishnah? As applying to a courtyard in which there is no right of division. If it is speaking of one in which there is no right of division, even if both owners consent, what does it matter? Either of them can retract? — R. Assi answered in the name of R. Johanan: We assume that each made a formal contract with the other, by means of a <i>kinyan</i>.<span class="x" onmousemove="('comment',' Lit., 'acquisition': the handing of a small article, usually a piece of cloth, by one of the contracting parties to the other, as a symbol that the object transferred has passed from the ownership of the one to that of the other. v. B.M. 47a.
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Rashi on Bava Batra
So that I can hide from you: Private matters. But a courtyard divided by the two of them is fixed for the use of each one in his section at all times; so they do not do private matters in it.
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Rashi on Bava Batra
Since they wished to divide [it]. But later it challenges, "Why was he speaking about, 'If they wished?' Even if they did not [both] wish," they can compel one another.
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Rashi on Bava Batra
They build a wall of stones.
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Rashi on Bava Batra
A wall: A wall of stones. And this is in a courtyard subject to the law of division; so they split it [even] against their will.
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Rashi on Bava Batra
The reason is that they wished: And they stipulated that it be divided with a wall of stones. Behold, if they did not wish [it], they only obligate him with a mere bordermark.
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Rashi on Bava Batra
As people say, etc.: This is a resolution (an answer).
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Rashi on Bava Batra
Is not subject to the law of division: [As it does not consist of] at least eight ells. [So] they do not divide it.
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Tosafot on Bava Batra
What is it teaching us? That when it is not subject to the law of division: [The question is asked] even though it is teaching that it is considered damage. This is [the question's] explanation: What is it teaching us by that which it is speaking about when it is not subject to the law of division? Let it make us understand about when it is subject to the law of division that [even though they did not want] (when they wanted), they must divide it. It is [however still] a wonder! Behold it is teaching us that even when it is not subject to the law of division - that it can be said that [when] one [agreed to a partition, but] did not agree to making a wall, [he must still do so], as it explained earlier.
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Rashi on Bava Batra
And sacred writings: A Torah scroll which is in one town. And likewise, Prophets and Writings that are written on parchment like a Torah scroll.
