Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 114:1

הכא בחצר השותפין עסקינן דבהעמדה כדי לא קפדי אמחיצה קפדי

we are dealing here with a courtyard belonging to several joint owners, who do not object to [any one of their number] merely stationing things there, but who do object to [his making] a partition there.<span class="x" onmousemove="('comment',' Hence if he makes a partition and they do not object, this constitutes hazakah, but so long as there is no partition his using the courtyard constitutes no hazakah, though it would in the case of an outsider. ');"><sup>1</sup></span> But do they not object to things being merely stationed [there]? Have we not learnt that joint owners of a courtyard who have vowed to have no benefit from one another are forbidden to enter the courtyard?<span class="x" onmousemove="('comment',' This shows that they are particular even about one another standing in the courtyard, for otherwise such standing could not be called a benefit derived from the other. ');"><sup>2</sup></span>

Teshuvot HaRivash

Also, regarding your suggestion that some of the people without seats could put portable seats in the middle of the synagogue and sit there, or sit on rows of clean mats on the ground if they wish, for no individual owns anything other than his space and its entrance and exit access, but everyone owns the rest equally: They also may not do this. For even those who own seats, with access for entrance and exit, may not use that which is a path belonging to others ... just as residents of a street or [shared] yard may not use the street or yard other than in ways that residents normally use streets or yards ...
Ask RabbiBookmarkShareCopy
Full ChapterNext Verse