Bava Batra 63 - No Unnecessary Terms in Legal Documents (Civil)

If an ineffectual clause appears in a legal document, it is reinterpreted in such a way that it is effectual.

For example, if one sells a house to his fellow and says to him, "I am selling you this house with the stipulation that the fenced rooftop is mine" - the fenced rooftop is his. The clause "rooftop is mine" is redundant. It is already his, as we have learned before. Therefore, this clause is reinterpreted to give him additional rights.

Exactly which rights he gets is subject to a dispute: he may project beams from the roof into the adjacent yard, or he may rebuild it if it collapses, with the second view prevailing.

Art: View over Roman Rooftops by Constantin Hansen


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