Study Bava Batra folio 57B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
הכא בחצר השותפין עסקינן – דבהעמדה כדי לא קפדי, אמחיצה קפדי.
Here we are dealing with a courtyard belonging to partners, where they are not particular with regard to the mere placing of items in the courtyard, but are particular with regard to the construction of a partition. The presumption of ownership is established only where the lack of a protest indicates that the prior owner concedes that the property is no longer his. The co-owner’s silence in the face of his partner using the courtyard for a temporary purpose does not indicate a concession, but silence in the face of one who constructed a partition is a concession.
ובהעמדה כדי לא קפדי?! והא תנן: השותפין שנדרו הנאה זה מזה – אסורין ליכנס לחצר!
The Talmud asks: And are they not particular with regard to the mere placing of items? But didn’t we learn in a Mishnah (Nedarim 45b): Partners who through vows prohibited themselves from deriving benefit from one another are forbidden to enter into a courtyard jointly owned by them, since each one has a portion in it, and it would be considered a violation of one’s vow if one were to benefit from any part of the other’s property? This indicates that partners are particular even with regard to passage through the field; all the more so are they particular with regard to placing animals or vessels in the field.
אלא אמר רב נחמן אמר רבה בר אבוה: הכא ברחבה של אחורי בתים עסקינן; דבהעמדה כדי לא קפדי, ואמחיצה קפדי.
Rather, Rav Naḥman said that Rabba bar Avuh said: Here we are dealing with a fenced-in yard located behind a group of houses that is used to store items not in regular use, where they are not particular with regard to the mere placing of items but are particular with regard to the construction of a partition.