In the previous chapter, we learned about someone who sold his house and reserved the rights to the pit inside it for himself, such as a water cistern in the basement. We dealt with the question of who holds the right, and how the owner of the pit is granted access to his pit through the home of the new homeowner. In our Mishnah, Chapter 6, Mishnah 5, we move forward from this point.
Let us assume we have established that the pit owner indeed has access rights, but the exact conditions were not stipulated in the negotiations between them. The parties did not agree, "You will enter on Tuesdays and Thursdays between five and six," but rather it was stated generally that he will have regular access rights to his pit. What, then, is the scope of these rights?
The text of the Mishnah:
"Mi sheyesh lo bor lifnim mibeiso shel chaveiro" - Reuven is the owner of the house, while Shimon is the owner of the water pit in the basement, and Shimon wishes to access his water. The Mishnah establishes three laws:
"Nichnas besha'ah shederech bnei adam nichnasin, veyotzei besha'ah shederech bnei adam yotze'in" - Entry and exit are permitted during accepted hours, namely during the day and not at night. The Rema explains that the homeowner cannot be expected to get out of bed in the middle of the night to allow his fellow to draw his water.
"Velo machnis behemto umashkeh miboro, ela memalei umashkeh mibachutz" - The right to enter the pit and access the water does not permit Shimon to bring his animal into Reuven's house. He must fill a bucket from the pit, take it out of the house, and water his animals outside Reuven's house.
"Vezeh oseh lo potachat vezeh oseh lo potachat" - The proper way is that both of them, Reuven and Shimon, install a lock on the door that allows access to the pit, and thereby the rights of both parties will be protected. Shimon locks his pit so that Reuven will not take from his water, and Reuven locks the access to the pit so that Shimon will not be able to enter when he is not at home.
The reason for this last law: Reuven's wife is present in the house, and if Shimon were to enter and exit when Reuven is absent - even if his entire arrival is only to take his water - this would compromise the woman's good reputation and raise the concern that people would suspect them. Since this is improper, the onus is also on Reuven to install his own lock, so that Shimon will only enter the pit when Reuven is at home.
In summary: In this Mishnah, we learned the scope of the pit owner's right of access to his pit when explicit conditions were not set: entry and exit only during accepted daytime hours; a prohibition against bringing his animal inside, but rather he must fill from the pit and water it outside; and both parties installing a lock - one to protect his water and the other to protect his home and his wife's honor.