The Talmud meets Va'ad HaBayit

(1) If two partners wish to make a partition in a courtyard they build the wall in the middle. In a place where the custom is to build of unshaped stones, or of hewn stones, or of half-bricks, or of whole bricks, so they should build it everything is according to local custom. [If the wall is made of] unshaped stones this one supplies [from his property] three handbreadths, and this one supplies [from his property] three handbreadths. [If the wall is made of] hewn stones this one supplies [from his property] one and a half handbreadths, and this one supplies [from his property] one and a half handbreadths. [If the wall is made of] half-bricks this one supplies [from his property] two handbreadths, and this one supplies [from his property] two handbreadths. [If the wall is made of] whole bricks this one supplies [from his property] one and a half handbreadths, and this one supplies [from his property] one and a half handbreadths.

(2) The same is true with a garden: in a place where the custom is to build a fence, they can obligate him to do so. However, in a valley, where it is not customary to build a fence, they cannot obligate him to do so. But if he wants to [build a fence] he must gather into his own portion and build, and he puts a finishing on the outside of the wall. Therefore if the wall falls, the place and the stones belong to him. If they acted with each other’s consent, they should build the wall in the middle and put a finishing on both sides. Therefore if the wall falls, the place and the stones belong to them both.

(3) If a man’s land surrounded his fellow’s land on three sides, and he fenced it on the first and the second and the third sides, they do not obligate him [to share in the costs]. Rabbi Yose says: “If he rose a built a fence on the fourth side, they obligate him to share in all of the costs.”

(4) If the wall of a courtyard fell down they obligate each of the partners to help in building it up to a height of four cubits. He is presumed to have paid [his share] unless the other brings proof that he has not paid. [If the fence was built] four cubits or higher, they do not obligate him [to help in building it.] If [the one who did not contribute] built another wall near it, even if he did not put a roof upon it, they obligate him to share in all of the costs. He is presumed not to have paid [his share] unless he brings proof that he has.

(5) They compel [a partner in a courtyard to contribute to] the building of a gate-house and a door for the courtyard. Rabban Shimon ben Gamaliel says: “Not all courtyards are fit for a gate-house.” They compel [a resident of the town to contribute to] the building of a wall for the town and double doors and a bolt. Rabban Shimon ben Gamaliel says: “Not every town is fit for a wall.” How long must a man dwell in a town to count as one of the men of the town? Twelve months. If he has purchased a dwelling place he immediately counts as one of the men of the town.

(6) They do not divide a courtyard until there is four cubits for this [partner] and four cubits for this [partner]. Nor [do they divide up] a field until it has nine kavs for this [partner] and nine kavs for this [partner]. Rabbi Judah says: “Until it has nine half-kavs for this [partner] and nine half-kavs for this [partner]. Nor [do they divide up] a garden until it has a half-kav for this [partner] and a half-kav for this [partner]. Rabbi Akiva says: “A quarter-kav.” Nor [do they divide up] an eating hall, a watch-tower, a dovecote, a cloak, a bathhouse, or an olive-press until there is sufficient for this [partner] and for this [partner]. This is the general rule: whatever can be divided and still be called by the same name, they divide; otherwise they do not divide. When is this so? When they do not both wish [to divide the property]. However, if both wish they can divide it even if it is smaller. And with regards to the Sacred Books, they may not be divided even if both are willing.

(1) One may not dig a cistern near his fellow’s cistern; Nor may he dig a ditch, cave, water-channel, or laundry pool unless it is three handbreadths away from his fellow’s wall, and he must plaster it with lime. They distance piles of olive refuse, manure, salt, lime or stones three handbreadths from his fellow’s wall, and he plasters it with lime. They distance seeds, and a plow and urine three handbreadths from the wall. And they distance the mill [from the wall]: three [handbreadths] from the lower millstone and four [handbreadths] from the upper millstone. And [they distance] the oven [from the wall]: three from the belly of the oven and four from the rim of the oven.

(2) One may not set up an oven inside a house unless there is a space of four cubits above it. If he sets it up in the upper room, the flooring beneath it must be three handbreadths deep, or for a stove one handbreadth. And if it causes damage [to the floor] he must pay for the damage caused. Rabbi Shimon says: “They only mentioned these measurements so that if the object caused damage he would be exempt.”

(3) One may not open a bakery or a dyer’s shop under his fellow’s storehouse, nor a cattle stall. In truth, they have permitted these things under a winestore but not a cattle stall. A man may protest against [another that opens] a shop within the courtyard and say to him, “I cannot sleep because of the noise of them that go in and out.” One who makes utensils, should go outside and sell them in the market. But none may protest and say to him, “I cannot sleep because of the noise of the hammer” or “because of the noise of the mill-stones” or “because of the noise of children.”

(5) A person’s ladder must not be kept within four cubits of [his neighbor’s] dovecote, lest a marten (a small animal that eats doves) should jump in. His wall may not be built four cubits from [his neighbor’s] roof-gutter, so that the other can set up his ladder [to clean it out]. A dovecote may not be kept within fifty cubits of a town, and none may build a dovecote in his own domain unless his ground extends fifty cubits in every direction. Rabbi Judah says: Four kor’s space of ground, which is the length of a pigeon’s flight. But if he had bought it [and it was built already in that place] and there was only a quarter-kab’s space of ground, he has a right to the dovecote.

The owner of the lower story said to him: I will dismantle the structure and rebuild it. The owner of the upper story said: But then I will have no place to live while you are renovating. The owner of the lower story said to him: I will rent a place for you to live for the duration. The owner of the upper story said to him: I do not want to bother with moving. The owner of the lower story said to him: But I cannot live in my apartment in this condition, as the walls have sunk into the ground. The owner of the upper story said to him: That is not my problem. Crawl on your stomach to go in, and crawl on your stomach to go out. Rav Ḥama said: By law, the owner of the upper story can prevent his downstairs neighbor from rebuilding. The Gemara comments: And this statement applies only when the beams supporting the second story have not reached lower than ten handbreadths from the ground. But if those beams have reached lower than ten handbreadths from the ground, the owner of the lower story can say to the owner of the upper story: Below ten handbreadths is my domain and my domain is not bound to you to support your residence. The Gemara further comments: And this statement, that the owner of the upper story can prevent his downstairs neighbor from rebuilding, applies only when they did not stipulate with each other that if the house sinks they will rebuild the house anew. But if they made such a stipulation with each other, they must dismantle the house and rebuild it. The Gemara asks: And if they made such a stipulation with each other, to what extent must the ceiling of the lower story drop before they implement the stipulation? The Sages said before Rabba in the name of Mar Zutra, son of Rav Naḥman, who said in the name of Rav Naḥman: Like that which we learned in a mishna (98b): If one takes upon himself to build a house for another person, without stipulating its dimensions, its height must be equal to the sum of half its length and half its width. Rabba said to them: Did I not tell you not to hang empty pitchers on Rav Naḥman, meaning not to attribute foolish opinions to him? Rather, this is what Rav Naḥman said: As people normally live, and no more. And how much space is that? Rav Huna, son of Rav Yehoshua, said: The ceiling of the lower story must be high enough so that one could bring in bundles of reeds of the type made in Meḥoza and be able to turn around. It is further related that a certain man built a wall outside the windows of his neighbor. The neighbor said to him: You are blocking the light with your wall and darkening my house. The one who built the wall said to him: I will seal your windows here and make new windows for you in your wall above the wall that I am building. The neighbor said to him: By doing so you will damage my wall. The one who built the wall said to him: I will demolish your wall until the level of the windows and rebuild it, and then I will make windows for you in the new part of the building above my wall. The neighbor said to him: A wall that is old at the bottom and new at the top will not endure. The one who built the wall said to him: I will demolish the wall until the ground and entirely rebuild it, and then I will make windows for you in it above my wall. The neighbor said to him: One new wall in an old house will not endure. The one who built the wall said to him: I will demolish your entire house and put windows in the new building that I will erect in its place. The neighbor said to him: But in the meantime I will have no place to live. The one who built the wall said to him: I will rent a place for you to live. The neighbor said to him: I do not want to bother with moving. Rav Ḥama said: By law, the neighbor can prevent him from building the wall. The Gemara asks: This case is identical to that case; this case is very similar to the previous case of the owner of the upper story who can prevent the owner of the lower story from rebuilding. Why do I need this additional case? The Gemara answers: This teaches us that even if he uses the house only for storing straw and wood, he can still maintain that blocking the light causes him damage and can prevent the neighbor from erecting the wall.