הבית והעליה של שנים – the house belongs to one of them and the upper story belongs to the other.

שניהם חולקים – because it is not known that these stones are of the upper story and those are from the lower part.

ורואים אלו אבנים הראויות להשתבר – if the house was crushed from its foundations and fell below it, one can know that the lower stones were broken. But if the upper part of the wall fell there from it a lot, the upper [stones] broke, since they fell from a high place, and the lower ones [remained] whole, since they fell from a low place. And [from] the first part [of the Mishnah] where it is taught that both of them divide it, is speaking about when the wall fell at night and they removed/cleared away the stones immediately, and it is impossible to establish if it fell through pressure and the bottom ones broke, or through seizing an object violently to take possession [caused them] to fall and the upper ones were broken (Bava Metzia 116a).

מקצת אבניו – and they are whole.

נוטלן – such as the case that this one claims that with some of them (i.e. the stones), it is truth, and with some, he states that he doesn’t known, for since he admits to part [of it], he is liable for an oath according to the Torah, and he is unable to take an oath, and whomever is liable for an oath and is not able to take an oath must pay. But if he said concerning all of them that he did not know, he should take an oath that he did not know and divide them (i.e., the stones) equally with his fellow.

הבית והעליה – He who leases out the upper story that is on top of his house to his fellow and says to him: “the upper story that is on top of this house, I lease to you, and the upper story opened up [a hole] of four handbreadths by four handbreadths (according to Shmuel – Bava Metzia 116b) for now, if this one (i.e., the one who has been leased the upper story) needs to use the upper story, he must use half of it above and half of it below.

ואין בעל הבית רוצה לתקן – the upper story.

הרי בעל העליה יורד ודר למטה – completely [lives downstairs] , for he had prepared the house for the upper story. And we do not force him to live half above and half below.

מעזיבה – plaster of mud/clay that they place on the ceiling. Rabbi Yose holds (Bava Metzia 117a) that the concrete of stone chippings and clay serves to level the depressions, and it levels the depressions of the upper story floor. But the Rabbis hold that the concrete of stone chippings strengths the ceiling, and the strengthening of the ceiling is required to be done by the lower dweller. And the Halakha is according to the Sages.

הבית והעליה של שנים – the house belongs to this one and the upper story to the other.

אמר בעל עליה לבעל הבית לבנות – the wall and the lower ceiling that are upon him to built

בונה בית – and the lower ceiling that is upon it, and dwells in the house until he (i.e., the person who lives in the lower area of the house) compensates him for his expenditures, and afterwards, he leaves and builds his upper story.

אמר רבי יהודה אף זה דר בתוך של חבירו – if this is the case, the owner of this upper story in this case compensates him for what he has spent, it is found that he is living all these days in [the section] of his fellow, and even though he is not without that, he would not have built it; nevertheless this one is benefitting, for were it not for this house, he would not have had a place to live there. And he holds that this one benefits and this one is not lacking, he is liable. But he builds it all.

ומקרה את העליה – above him and all that is necessary for it.

ויושב בבית – [in] the lower [house], for he would have that this one doesn’t benefit, for the upper story was ready for him to live in it and the other person is not lacking anything, for had he not built it, it would not be appropriate for him.

בית הבד – a house to gather olives.

וגנה אחת על גביו – and the olive press belongs to one [of them] and the garden is of the other.

ונפחת – (see Bava Metzia 118a) four handbreadths by four handbreadths and it is not worthy to sow as at first.

כיפין – a ceiling made in a circle like a rainbow and upon it, the owner of the garden places dust/mud and plants.

פטור מלשלם – for what was he to do, as it was an unavoidable accident.

נתנו לו זמן – A Jewish court; thirty days to tear it down and cut it {i.e., the tree) down.

ונפל – into midst of the garden of his fellow.

הגיעוך – take possession of them and clear them for yourself.

אין שומעין לו – if this one doesn’t want, he doesn’t purchase them and this one is liable to clear them.

בתבן ובקש – to gather them of his own, or from something ownerless.

אין שומעין לו – even though that it in every place we have what is equivalent to money is like money, concerning a hired worker, it is not like this, for it is written (Leviticus 19:13): “The wages of a laborer shall not remain,” on what that he makes a condition explicitly is implied.

המוציא מוציא והמזבל מזבל – when this one brings it (i.e., the manure) from the cattle-shed to the public domain, the carrier brings it to manure, and he is not permitted to detain it there.

גובלין טיט – to put it immediately into the building.

והבונה בונה – he receives them from the person who brings them and builds.

מתקן – they are ready at hand in the public domain all thirty days, and he is not liable for damages. But the Halakha is not according to Rabban Shimon ben Gamaliel.

שתי גינות – of two people who are near one another. The one – his ground/plot is higher and the one near him, his ground/plot is lower.

והירק בינתים – in the rising of the elevation, that this one is higher than that one.

של עליון – for it is his dust and it is from his that it absorbs.

של תחתון – that upon his empty space it is placed.

מאחר ששניהם יכולין למחות – so that there will not be these vegetables here, the upper one takes the dust, and the lower one to fill up his garden.

רואין מהיכן ירק זה חי – from the place that it absorbs and grows, to this one, it should be given.

כל שעליון יכול לפשוט ידו וליטול הרי אלו שלו – as Rabbi Meir stated, since it is from his dust that it lives.

והשאר של תחתון – for the upper [garden] itself has renounced ownership of it, regarding the bottom, for it is a disgrace for him to take permission to enter into [the garden] of his fellow and to take it. And the Halakha is according to Rabbi Shimon.