Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 120:1

זיל האידנא ותא למחר בליליא שדר קצייה לההוא דידיה

Go away now and come again tomorrow. During the night he sent and had his own tree cut down. On the next day the man came back and he told him to go and cut the tree down. He said: But you, Sir, also have one? He replied: Go and see. If mine is cut down, cut yours down, and if mine is not cut down you need not cut yours down. What was R. Jannai's idea at first [when he kept his tree] and afterwards [when he had it cut down]? — At first he thought that passers-by were glad of it because they could sit in its shade, but when he saw that they objected to it he had it cut down. Why did he not say to the man, Go and cut yours down and then I will cut down mine? — In conformity with the maxim of Resh Lakish, who said: [It is written], <i>Hithkosheshu wakoshu</i>:<span class="x" onmousemove="('comment',' Zeph. II, 1. The English version translates, 'Gather yourselves together, yea, gather together.' Resh Lakish, however, derives it from the word kash, stubble, and translates, 'Remove the stubble from between your own eyes, and afterwards remove it from others.' ');"><sup>1</sup></span>

Shut min haShamayim

They responded: 'Such an argument need not enter here' (Bava Metzia 16a:18), since the Torah says "In order that you shall remember" (Numbers 15:40).3Therefore there is a positive commandment to perform an action of remembering, namely, to wear tzitzit. "Nonetheless, leave the Jews alone, it is better than they sin unintentionally than intentionally." (Bava Batra 60b:21)
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Teshuvot Maharam

Q. B's building was contiguous to A's property. The foundation of this building extended two hand-breadths beyond the wall itself. B wanted to build another wall in line with the edge of this foundation, the wall to extend two hand-breadths beyond the existing wall. A protested vigorously claiming that B's property ended at the edge of the wall of the building mentioned above, and that the foundation of such building extended two hand-breadths in his (A's) property.
A. Since B was in undisturbed possession of the width of the foundation, he was thus in possession of the disputed two hand-breadths of ground along the whole length of the property, and upwards reaching into the sky. Therefore, if B will take an oath to the effect that he did not remove his neighbor's landmark [when the foundation was built], the disputed two hand-breadths of ground will belong to him. Although according to Biblical law no oath is administered in disputes involving real property, such an oath is required by Rabbinic enactment.
SOURCES: Cr. 239; Am II, 184; Mord. B. B. 558; Agudah B. B. 109.
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