Study Bava Batra folio 59A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
We learned in the Mishnah: With regard to a gutter pipe, one does have the means to establish an acquired privilege for its use. Granted, according to the one who says those first two explanations, i.e., Shmuel and R' Ḥanina, it is well. The distinction between the halakha with regard to a spout a
But according to Rav Yirmeya bar Abba, the one who says that the Mishnah means: If the owner of the field wishes to build beneath it he may build, what difference does it make to the owner of the gutter pipe if the owner of the field builds beneath it? Why would he have the right to prevent it?
The Talmud answers: Here we are dealing with a gutter pipe that is made of stone and is built into the walls of the building, in a case where the owner of the gutter pipe said to the owner of the field: It is not amenable to me that you build beneath my gutter pipe, as my walls will weaken as a res
Rav Yehuda says that Shmuel says: With regard to a pipe from which water is draining into another’s courtyard and the owner of the roof comes to seal his drainage pipe, the owner of the courtyard can prevent him from doing so. As the owner of the field can say to him: Just as you have acquired my c
It was stated that there is a dispute with regard to this issue, as R' Oshaya says: The owner of the courtyard can prevent the owner of the roof from sealing the pipe, while R' Ḥama, R' Oshaya’s father, says: He cannot prevent it. R' Oshaya went and asked R' Ḥama’s father, R' Bisa. R' Bisa said t