Translation:Shulchan Aruch/Choshen Mishpat/172

Paragraph 1- When a courtyard is divided, we give each entrance four amos and divide the rest equally because each entrance requires four amos in front of it from the courtyard. Even if the entrance was very wide he would take four amos across the entire width into the airspace of the courtyard. If the entrance was not four amos wide we would make up the four amos from the side so that he will have an area of 4 x 4. If one of the partners has a house with two entrances into the courtyard and the second partner has a house with only one entrance, the partner with two entrances would take four amos for each entrance based on the size of such entrances and the partner with only one entrance would only take four amos in front of this entrance. When is this true? With two parties that acquired an ownerless property, such as where they built in an ownerless area and one partner built a house and opened two entrances and the other built a house and opened one entrance, and they then surrounded the properties until they had a courtyard. There are those who say that the same would apply if one distributed his properties orally and gave a house to one of his children with two entrances and one entrance to his other child. If two parties purchased or inherited property together, however, they would have purchased or inherited exactly equal amounts, whether with respect to the houses or the courtyard. One cannot take any amount more than the other. Even if they went ahead and divided the houses before they divided the courtyard, we would not say the party that ended up with the house with two entrances would receive four amos for each entrance. Rather, they would divide the courtyard equally.

Paragraph 2- When is this true? Where the two houses are equal and they divided them one house opposite the other without the need for any appraisal or payment of money. If the properties where not equal and they appraised them and paid off the difference and the party that received the house with two entrances pays the difference in value to the other, however, the four amos in the courtyard is included in the price of the difference and he would acquire those four amos just as he acquires the value his house is worth more than his partner’s. Even if prior to the divisions the four amos did not completely belong to him and he just used it to unload his items and the other partner would also use it when it was unoccupied, now that they have divided, the area would completely belong to him. This is all in a case of standard courtyards. With respect to a courtyard where each party has a known portion, however, each partner would only take what he has. If each party receives an area for 4 x 4 amos in front of his house, they would divide equally, whether the house has many entrances or not.

Paragraph 3- If a house has many entrances on all its sides, it would receive four amos for each side. If the owner designated one as the entrance, he would only receive four amos opposite such entrance.

Paragraph 4- A porch that is possible to bring one’s packages into does not receive four amos. If the porch is in front of the house and does not have four amos, they would complete the four amos from the courtyard and it would count towards the four amos in front of the house’s entrance. If it is not possible to bring in one’s package, it would have four amos, because the only reason each entrance has four amos is to be able to unload a package. An entranceway or balcony do receive four amos. If there were five houses open to the balcony and the balcony opened to the courtyard it would not receive four amos.

Paragraph 5- A chicken pen does not receive four amos.

Paragraph 6- If half a house has a roof while the other half does not, the house would not receive four amos, whether the roof is on the inner half or the outer half. This is only true where there is a 4 x 4 amos area that is not roofed.

Paragraph 7- A closed-off house does receive four amos. If the owner removed its frame, the house would not receive four amos in front of the house. The owner would, however, receive a portion in the courtyard considering that there was an entrance there originally.

Paragraph 8- A house that is not 4 x 4 amos would not receive four amos in the courtyard opposite the entrance unless the courtyard had four amos for each partner until the entrance to the house, in which case they would divide.

Paragraph 9- The fertilizer of a courtyard is divided by entrances, but king’s soldiers are divided by number of persons. This refers to the fertilizer they leave in the courtyard. There are those who say this refers to the cost of providing for the soldiers.