Talmud for Bava Batra 199:2
ולימא להו שקלו דידכו והבו לי דידי הא מני רבי אליעזר היא דתניא ר' יהודה אומר משום רבי אליעזר רבים שבררו דרך לעצמם מה שבררו בררו
But let him say to them, 'Take yours and give me back mine'?<span class="x" onmousemove="('comment',' Why, then, does the Mishnah state that both the old path and the new become public property? ');"><sup>3</sup></span> — This [law of our Mishnah] is in accordance with [the view of] R. Eliezer; for it has been taught: R. Judah said in the name of R. Eliezer, [if] the public chose a path<span class="x" onmousemove="('comment',' Even if it runs through private property, and even if the landowner's permission has not been obtained. ');"><sup>4</sup></span>
Jerusalem Talmud Kiddushin
This does not follow Rebbi Eliezer, for Rebbi Eliezer said that walking acquires, as it was stated: 344Babli Baba batra 100a. One assumes either that the field is ownerless or that the acquirer has a claim of possession that would give him squatter’s rights; cf. Ketubot 5:5, Note 100.
In R. Eliezer’s opinion, the rules of acquisition of a Canaanite slave are not identical with those for real estate; he will reject deriving legal rules from a verse in the Prophets. If one walked across a field in length and breadth, he acquired up to the place he walked to, the words of Rebbi Eliezer. But the Sages say that he did not acquire up to the moment he acted in possession345He performed some agricultural work on the property.. Everybody agrees that if somebody sells a path to another, when the latter went, he acquired. What is the reason? “Arise, walk in the Land in length and breadth, for I shall give it to you.346Gen. 13:17.”
In R. Eliezer’s opinion, the rules of acquisition of a Canaanite slave are not identical with those for real estate; he will reject deriving legal rules from a verse in the Prophets. If one walked across a field in length and breadth, he acquired up to the place he walked to, the words of Rebbi Eliezer. But the Sages say that he did not acquire up to the moment he acted in possession345He performed some agricultural work on the property.. Everybody agrees that if somebody sells a path to another, when the latter went, he acquired. What is the reason? “Arise, walk in the Land in length and breadth, for I shall give it to you.346Gen. 13:17.”
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