Responsa for Bava Batra 119:9
<big><strong>מתני׳</strong></big> אין עושין חלל תחת רה"ר בורות שיחין ומערות ר"א מתיר כדי שתהא עגלה מהלכת וטעונה אבנים אין מוציאין זיזין וגזוזטראות לרה"ר אלא אם רצה כונס לתוך שלו ומוציא לקח חצר ובה זיזין וגזוזטראות הרי זו בחזקתה:
but if it is of two cubits he is quite in order in making it four.<span class="x" onmousemove="('comment',' Because even a door of two cubits entitles him to four cubits in the courtyard. ');"><sup>6</sup></span>
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.
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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