Partners who agreed to the partition of a courtyard build the wall in the middle. Wherever they are accustomed to build [with] untrimmed stones, [or] hewn stones, [or] half-bricks, [or] bricks, they build; all in accordance with the custom of the province. For untrimmed stones, each one provides three handbreadths; for hewn stones, each one provides two and a half hand-breadths; for half-bricks, each one provides two handbreadths; for bricks, each one provides one and a half handbreadths. Therefore, if the wall fell, the place and the stones belong to both of them.

Similarly, a garden [is treated generally as] a place where they were accustomed to fence off, [and] we obligate him [to do so]. However, a valley [is treated generally as] a place where they were accustomed not to fence off, [and] we do not obligated him [to do so]. Rather, if he desires, he should withdraw into his own [field], build [a fence], and make a mark on the outside. Therefore, if the wall fell, the space and the stones belong to him. If they made [it] by common consent, they build the wall in the middle and make marks on both sides. Therefore, if the wall fell, the place and the stones belong to both of them.

[If] someone surrounds his neighbor on three sides, and he fences off the first, second, and third [sides], we do not obligate him. R' Yose says: If he stood up and fenced off the fourth [side], we devolve [the obligation for] all of it upon him. 4. [If] the wall of a courtyard fell, we obligate him to rebuild it to [a height of] four cubits. [Each is] presumed to have contrib-uted until [the other] brings proof that he did not contribute. From four cubits and upward, we do not obligate him. [If] he build another wall near it, even though he did not [yet] place a roof upon it, we [nevertheless] devolve [the obligation for] all of it upon him. [He is] presumed not to have contributed until he brings proof that he did contribute.

[If] the wall of a courtyard fell, we obligate him to rebuild it to [a height of] four cubits. [Each is] presumed to have contributed until [the other] brings proof that he did not contribute. From four cubits and upward, we do not obligate him. [If] he build another wall near it, even though he did not [yet] place a roof upon it, we [nevertheless] devolve [the obligation for] all of it upon him. [He is] presumed not to have contributed until he brings proof that he did contribute.

One who lends his neighbor may not exact security from him except in court; nor may he enter his house to take his security, as it is said (Deut. 24:11): “You shall stand outside.” [If] he has two utensils, he may take one and leave one; and he must re-turn the pillow by night and the plowshare by day. If he dies, he need not return [it] to the heirs. Rabban Shimon ben Gamliel says: Even to [the debtor] himself he need only return [it] up to thirty days. After thirty days, he sells them in court.  We may not exact security [from] a widow, whether she be poor or rich, as it is said (ibid: 17): “And you shall not take as se-curity the garment of a widow.”  One who takes a mill as security transgresses a negative commandment; and he is guilty of [taking] two utensils, as it is said (ibid: 6): “He shall not take a lower millstone or an upper millstone as security.” They did not speak only of the lower millstone and the upper millstone, but [of] anything with which food for human consumption is prepared, as it is said (ibid.): “for he takes away a life as security.”

[If] a ground floor and an upper story belonging to two [different people] collapsed, the two of them divide the wood, the stones, and the earth; and they determine which stones are likely to have been broken. If one of them recognized some of his stones, he takes them, and they are counted for him in the reckoning.

[If] a ground floor and an upper story belonged to two [people], [and] the upper story partially fell in, but the owner of the ground floor does not wish to make repairs, the occupant of the upper story may go and live downstairs, until he repairs the upper story for him. R’ Yose says: The downstairs one supplies the ceiling, and the upstairs one the plaster.

[If] a ground floor and an upper story belonging to two [people] collapsed, [and] the owner of the upper story demanded of the owner of the ground floor that he rebuild, but he refuses —- the owner of the upper story may rebuild the ground floor, and live in it until he reimburses him. R’ Yehudah says: Even this one [who] lives in his neighbor’s property must pay him rent. Rather, the owner of the upper story rebuilds [both] the ground floor and the upper story, and puts a roof on the up-per story, and lives in the ground floor until he reimburses him.

Similarly, [if] an olive press, which was built in a rock with a garden above it, partially caved in, the owner of the garden may go down and sow [his seeds] below until [the other] makes a dome for his olive press.  [If] a wall or a tree fell into a public domain and damaged, he is exempt from paying. [If] they gave him time to cut down the tree or to demolish the wall, and they fell within the time, he is exempt; after the time, he is liable.

[If] one’s wall abutted another’s garden, and it fell, and he said to him: “Clear away your stones!” [to which] the other re-plied: “They are yours!” —- we do not listen to him. [If] after he accepted, he said to him: “Here, take your expenses, and I will take what belongs to me!” —- we do not listen to him.  [If] one hires a laborer to work with him with stubble or with straw, and he says to him: “Give me my wages!” to which the other replies: “Take what you have done for your wages!” —- we do not listen to him. [If] after he accepted, he said to him: “Here, take your wages, and I will take what belongs to me!” —- we do not listen to him.  One who puts manure out in the public domain [may do so only if] the one who puts it out, puts it out, and the one who fertilizes, fertilizes [immediately].  One may not soak clay in a public domain, nor may one make bricks. But one may knead clay in the public domain, but not bricks.  One who builds in a public domain [may do so only if] the one who brings the stones brings, and the one who builds, builds [immediately]; and if it caused damage, he must pay for the damage. Rabban Shimon ben Gamliel says: He may even prepare his work thirty days before.

[If there were] two gardens one above the other, with vegetables between them —- R’ Meir says: They belong to the upper one. R’ Yehudah says: They belong to the lower one. Said R’ Meir: If the upper one should decide to remove his earth, there would be no vegetables. Said R’ Yehudah: If the lower one should decide to fill up his garden, there would be no vegetables. Said R’ Meir: Since both of them can stop one another, we [should] see from where these vegetables sustain themselves. Said R’ Shimon: Whatever the upper one can stretch out his hand and take is his, and the remainder belongs to the lower one.[If there were] two gardens one above the other, with vegetables between them —- R’ Meir says: They belong to the upper one. R’ Yehudah says: They belong to the lower one. Said R’ Meir: If the upper one should decide to remove his earth, there would be no vegetables. Said R’ Yehudah: If the lower one should decide to fill up his garden, there would be no vegetables. Said R’ Meir: Since both of them can stop one another, we [should] see from where these vegetables sustain themselves. Said R’ Shimon: Whatever the upper one can stretch out his hand and take is his, and the remainder belongs to the lower one.