Go take servants for yourself, and they will bathe in the bathhouse. Or he can say: Go take olives for yourself and come and transform them into oil in the olive press. Evidently, the poor brother cannot say to him: Buy my share. The Talmud rejects this proof: There too the poor brother can say: You set a price and buy my share, as the rich brother has the means to buy his poor brother’s portion; but he is not able to say: Or else I will set a price and buy your share, as the poor brother does not have the money to buy his brother out.
תא שמע: כל שאילו יחלק ושמו עליו – חולקין, אם לאו – מעלין אותו בדמים! תנאי היא – דתניא: ״טול אתה שיעור, ואני פחות״ – שומעין לו. רבן שמעון בן גמליאל אומר: אין שומעין לו.
The Talmud further proposes: Come and hear a proof from what is taught in a baraita: Anything which, even after it is divided, each of the parts retains the name of the original item, may be divided. And if the parts will not retain the original name, the item should not be divided, but rather its monetary value is assessed, because one of the joint owners can say to the other: Either you set a price and buy it from me, or I will set a price and buy it from you. The Talmud explains: Actually, this matter is a dispute between tanna’im, as it is taught in a baraita: If a courtyard or the like was not large enough to warrant division into two, and one of the co-owners said to the other: You take a minimum measure of the courtyard, e.g., 4 cubits, and I will take less, the court listens to him. Rabban Shimon ben Gamliel says: They do not listen to him.