תלמוד על בבא בתרא 1:1

MISHNAH: Partners¹People who own houses built around a common courtyard. They are partners in the courtyard. One exits from the houses to the street only through the courtyard. who mutually made vows not to have usufruct from one another are forbidden to enter the courtyard²For the anonymous Tanna, the entire courtyard is common property; nobody can enter the courtyard without stepping into the property of both of them. Therefore, neither one can enter his courtyard without profiting from the other’s property.. Rebbi Eliezer ben Jacob says, each one enters into what is his³Mishnah Baba batra 1:6 explains that the parties of a common courtyard can force a partition if the area of the courtyard exceeds a certain minimum. As the Babli explains, 46b, R. Eliezer ben Jacob refers only to a courtyard larger than the minimum. He holds that each square inch of the courtyard is potentially the property of one owner, only it was not determined who the actual owner is. Therefore, each of the partners can claim that he temporarily steps only onto his own property. It must be that R. Eliezer ben Jacob permits a straight walk from the entrance gate to the house door; this would be the domain belonging to the person’s house in a separation of properties.. Both are forbidden to put up there a grindstone or an oven, or to raise chickens there⁴Everybody agrees that the common courtyard can be used for private purposes only by the consent of all owners. If the person forbidden by a vow did not object to the other using the courtyard for his private purpose, he would make him a present of monetary value.. If one of them made a vow not to have usufruct from the other, he cannot enter the courtyard. Rebbi Eliezer ben Jacob says, one can say to the other, I enter into my property, I do not enter into yours. One forces the one who made the vow to sell his part⁵According to the Babli, this statement refers to the majority position. According to the Yerushalmi, this is part of R. Eliezer ben Jacob’s statement and is explained in the Halakhah..