MISHNAH: A person may not dig a cistern close to his neighbor’s cistern, nor a ditch, nor a cave, nor a water canal, nor a washer’s pond except if he distanced himself from his neighbor’s wall three handbreadths and lined with lime¹. One removes olive peat, and manure, and salt, and lime, and rocks² from his neighbor’s wall three handbreadths or lines with lime³. One distances seeds, and ploughs⁴, and urine three handbreadths from the wall. One distances a grindstone⁵ three from the base, which means four from the moving stone, and the oven⁶ three from the base⁷, which means four from its rim.

footnotes: ¹ Any construction with water has to be at a distance of three handbreadths and must be waterproofed. ² All except rocks are corrosive. ³ The wall must be insulated against the corrosive action of the dangerous materials. ⁴ One does not plough closer than three handbreadths from a wall. ⁵ A grain mill worked by hand, consisting of a moving grindstone and a larger stationary stone base. ⁶ The oven is a removable earthenware frustum of a cone sitting on a larger masonry base on which the fire burns. ⁷ Greek κοιλία “belly”; a stone or brick base which is concave in the middle for the fire; the frustum of the cone of the oven is placed on the rim which is higher than the place of the fire.

HALAKHAH: “A person may not dig a cistern,” etc. So is the Mishnah: “[A person may not dig a cistern close to the wall of his neighbor’s cistern. Nor a ditch, nor a cave, nor a water canal, nor a washer’s pond except if he distanced himself from his neighbor’s wall three handbreadths] and lined with lime⁸. If he lined with lime, any distance. If he did not line with lime, three handbreadths. From the following: “One removes olive peat, and manure, and salt, and lime, and rocks from his neighbor’s wall three handbreadths or lines with lime.” Here you say, because rocks generate heat⁹. But there you say that they do not generate heat¹⁰ 4:1, olive peat, manure, salt, and lime are mentioned as generating heat and therefore forbidden as material in which food can be stored for use on the Sabbath. The omission of rocks implies that they do not generate heat.. Rebbi Yose said, in no case do rocks generate heat¹¹. הנך משום, Tosaphot s. v. משום דמשתכי.. But because they loosen the earth and damage the ground around the wall¹².

footnotes: ⁸ The text in brackets (in the Hebrew in a different type face) is from E, missing in L. According to L, one insists that in this sentence one reads וְסָד in contrast to the next, which reads אוֹ סָד. According to E, one specifies that the minimal distance is only required between the walls of the cisterns, not the surroundings (which inside a person’s domain are four cubits, cf. Chapter 1 Note 55). Then it is explained that וְסָד here and אוֹ סָד in the next sentence mean exactly the same, “or one lines.” ⁹ Since rocks are mentioned together with olive peat and manure. ¹⁰ In Mishnah Šabbat ¹¹ The Babli disagrees, 19a. Cf. Rashi, s. v ¹² All rules of this Mishnah are derived from the principle that no activity on one person’s grounds should endanger another’s buildings.

It was stated¹³: “If it was solid rock, it is permitted¹⁴.” As we say, Rebbi Joḥanan left the synagogue and let water behind the door. But we do not know whether it was because it was solid rock or because he suffered pain and could no bear it¹⁵.

footnotes: ¹³ Tosephta 1:4; Babli 19b. ¹⁴ To urinate at a wall. ¹⁵ In the Babli, the statement is accepted as practice.

This means, about grindstones there¹⁶, but for our grindstones three from the pine cone¹⁷ which is four from the enclosure¹⁸. “And the oven three from the base which are four from its rim.” Rebbi Yudan bar Pazi said, from the outer rim inwards; but the rabbis say, from the inner rim outwards¹⁹. If if was built like a dovecote²⁰, what [are the rules]? Let us hear from the following²¹: “Rebbi Jehudah said, unless there be under it insulating material three handbreadths and for a stove one handbreadth.” Is a stove not build like a dovecote, and you say both above and below a handbreadth? Also here, both above and below a handbreadth²².

footnotes: ¹⁶ In Babylonia. ¹⁷ Greek στρόβιλος. The grindstone was shaped like a pine cone with a handle on top by which it was moved. ¹⁸ The wooden enclosure around the immovable stone basis of the grindstone. ¹⁹ The distance of four handbreadths from the oven for R. Yudan bar Pazy is measured from the outside of the wall of the oven, for the rabbis from the inside. ²⁰ If the oven is not shaped like a cone but like a cube. ²¹ Tosephta 1:3; cf. Mishnah 2. The cone-shaped oven, with a fire at the bottom and a hole on top, is made to create a draft and, therefore, is much hotter than the stove which is an earthenware cube with a circular hole on top for the pot, where the fire is lit on the clay bottom. ²² If the stove is used inside the house, it needs fireproofing material on the floor, the ceiling, and the nearby wall.

MISHNAH: A person should not put an oven in the house²³ unless there be above it a space of four cubits; or if he puts it on the upper floor unless there be under it insulating material three handbreadths and for a stove one handbreadth²² But if he caused damage, he must pay what he damaged²⁴. Rebbi Simeon said, the reason they indicated these measures is that he not be liable to pay if he caused any damage,.

footnotes: ²³ The ground floor which either has a dirt or a stone floor. Therefore, no fireproofing is needed below the oven. But the ceiling, which also is the floor of the second storey, is made of logs covered with plaster; it is flammable. ²² If the stove is used inside the house, it needs fireproofing material on the floor, the ceiling, and the nearby wall. ²⁴ Even if he observed all rules spelled out in the Mishnah.

HALAKHAH: “A person should not put,” etc. It was stated: Nor a smithy. Rav Qarna stated: If he was like a metal worker³⁴4:22; he only spends a small part of his time as a smith; most of his time he manufactures metal vessels., or it was built originally as a smithy³⁵, it is permitted. How is it in front of his dwelling³⁶? Rebbi Aḥa said, certainly not in front of his dwelling³⁷. Rebbi Jonathan said, a person causing damage has no claim of undisturbed posession³⁸. Rebbi Joshua³⁹ said, the rabbis object to permanent smoke. As the following: A woman was burning sand⁴⁰ (Phoenix, Job 19:18). For חולין Rosh reads קלא or קולין “roasts”. below [the apartment of] Rebbi Ilfay⁴¹. He wanted to object to her. The case came before Rebbi Nasa who said, they said it only about continuous smoke.

footnotes: ³⁴ The biblical metal worker; Gen. ³⁵ A separate building. It is possible to read: If it was built as a smithy from the start, i. e., if the smithy existed before the construction of the warehouse; this is the interpretation of the Babli, 20b. ³⁶ Out in the open. ³⁷ This already was settled in Halakhah 1:7. ³⁸ Babli 23a. Even if the other inhabitants of the courtyard do not object, a new owner can object if an activity is classified in law as damaging. ³⁹ Rosh (Chapter 2, §18) reads “R. Joshua ben Levi.” This reading has to be accepted. ⁴⁰ Maybe to make glass. It is possible to read: She was burning the bird Ḥol ⁴¹ Rosh reads: R. Eleazar.

MISHNAH: A person may not open a bakery or a dye shop²⁵ under the storage room of another person, nor an animal barn²⁶. In truth²⁷ they permitted for wine²⁸, but not an animal barn. About a store in the courtyard²⁹ one³⁰ may object and tell him, I cannot sleep because of the noise of those coming and the noise of those leaving³¹. One who manufactures vessels has to leave and sells them in the market³²; nobody may object and tell him, I cannot sleep because of the noise of the hammer, nor because of the noise of a grindstone, nor because of the noise of children³³.

footnotes: ²⁵ Both create excessive heat which might damage the goods stored there. The owner of a preexisting storage facility can go to court and request an order prohibiting the operation of a bakery or dye shop. ²⁶ The smell would ruin most of the goods stored there. ²⁷ A technical term indicating pre-rabbinic practice which somehow deviates from the principle just stated. ²⁸ Which is held to age better in the heat. ²⁹ Somebody bought a property in the courtyard to open a store where there was none before. ³⁰ Any of the co-owners of the courtyard. ³¹ The customers. ³² But he can manufacture in a place which otherwise is a bedroom community as long as he does not create traffic of people who do not belong there. ³³ Nobody may object to a school in his courtyard.

HALAKHAH: “A person may not open,” etc. Rebbi Jacob bar Aḥa moved a preparer of fried food from one stall⁴² to another stall. One preparer of fried food was dwelling below [the apartment of] Rebbi Eudaimon the brother of Rebbi Yose. Rebbi Aḥa passed by and did not object⁴³. He said, the rabbis are passing by and do not object. Rebbi Aḥa got angry with him. Rebbi Eudaimon the brother of Rebbi Yose became seriously ill. Rebbi Yose came to visit him. He said, I shall go and ask him⁴⁴. He went and said, if a court had mercy on somebody would the court prepare shrouds for him?

footnotes: ⁴² Cf. Latin stibadium “bench”, Arabic مسطبة. ⁴³ This paragraph really should be taken together with the preceding one. It seems that the store was there before R. Eudaimon moved in. The latter therefore needed a confirmation from the head of the local court that “a person causing damage has no squatter’s rights” (Note 38), which R. Aḥa refused. Since the fourth generation authority refused to enforce the pronouncement of the first generation R. Jonathan, its legal validity is in doubt. ⁴⁴ He promised to pacify R. Aḥa.

A person sold his entire house⁴⁵; he reserved for himself one stone bench¹ where he went and sat. The case came before Rebbi Jonah and Rebbi Yose. They said, it is not in your power to go and sit there and observe who comes and goes in his house⁴⁶. A person sold half his house; he reserved a bake shop for himself. The case came before Rebbi Jonah and Rebbi Yose. They said, you are coming to him; he is not coming to you, as it is stated⁴⁷: “If the barn or the store preceded the storage room, he cannot object.”

footnotes: ⁴⁵ A private dwelling with the entire courtyard. ¹ Arabic مَسُطَبَة “bench, anvil”. ⁴⁶ Your property right does not override the buyer’s right to privacy. ⁴⁷ Tosephta 1:4, Babli 20b. The buyer of an apartment above a bake shop cannot complain.

It was stated: In truth, they permitted for wine even though it diminishes it because it improves it⁴⁸. Rav Hoshaia when he heard this statement put his wine in the attic of the bath house. His wine became foul-smelling. He said, the Mishnah led me astray. But the Mishnah did not lead him astray; the smell of the bath house made his wine foulsmelling⁴⁹.

footnotes: ⁴⁸ Tosephta 1:4, Babli 20b. ⁴⁹ The Babli endorses the opinion that the Mishnah be valid only for Palestinian, not Babylonian wines.

It was stated⁵⁰: About his neighbor he may change his mind. Once he accepted it he can no longer change his mind⁵¹. Rabban Simeon ben Gamliel says, even after he accepted it, he can change his mind, for he can tell him, they come and go here, they are looking for you and do not find you, and they increase traffic here⁵². Rebbi Ḥanina and Rebbi Mana, one said, what is “his neighbor”? He let him live in his house⁵³. Once he accepted it he can no longer change his mind. Rav Huna⁵⁴ said, one said, what is “his neighbor”? He opened a store for him⁵⁵. Once he accepted it he can no longer change his mind. Rabban Simeon ben Gamliel parallels Rebbi Meïr, as we have stated there⁵⁶ 7:11, Note 163. A woman was informed of bodily defects of her prospective husband before her marriage. The majority hold that once married, she cannot ask the court to force a divorce because of the husband’s defects. R. Meїr disagrees as explained in the text.: “For all of these says Rebbi Meїr that, even if he contracted with her, she can say ‘I thought that I could stand it, now I cannot.’ ”

footnotes: ⁵⁰ Different texts are in Tosephta 1:4, Babli 21b. ⁵¹ There are situations where one of the co-owners of the courtyard has lost his veto power even if the troublesome store was new. The question to be discussed is, what means “accepted”? If a new owner does not immediately complain, this certainly does not make him lose his right. ⁵² For him the veto power over a new enterprise in the courtyard remains valid if he can prove actual impairment of his quality of life by the new store. ⁵³ Nobody can complain about his own tenant. ⁵⁴ This should be: “the other”, אוחרי. ⁵⁵ He holds that an owner can annul a lease if the tenant causes him problems. But if he modified his building for the new tenant’s business, he cannot complain. ⁵⁶ Mishnah Ketubot

“Nobody may object and tell him, I cannot sleep because of the noise of the hammer, or because of the noise of a grindstone, or because of the noise of children.” Those who teach boys and those who feed one another, their fellows may object to what they are doing⁵⁷, for he can tell him, they come and go here, they are looking for you and do not find you, and they increase traffic here⁵⁸. Those Sepphoreans can object to one another for nailing down their looms⁵⁹. Rebbi Abime bar Tobi instructed to put one loom between two walls⁶⁰. Rebbi Isaac bar Ḥaqula distanced a saw-horse four cubits from the wall⁶¹. Rebbi Yose ben Abun said, those pillars which are weakened are weakened because of the force of shouts. The wall of Ḥoms fell before the noise of the Persians’ arrows¹⁶³.

footnotes: ⁵⁷ The Mishnah notwithstanding there can be only one (one-room) school in a residential courtyard, and only one restaurant. ⁵⁸ This text is copied from the previous paragraph; it neither fits in grammar (number) nor in argument. ⁵⁹ Since the periodic concussions of the air will weaken the walls. ⁶⁰ In a residential area there can be no more than one loom to a room. ⁶¹ Again to prevent the wall from being damaged by the noise caused by sawing. ¹ Reading גירי “arrows” for גורי “lion whelps”. ⁶³ In Sapor I’s invasion of Syria.

MISHNAH: If somebody’s wall was close to another’s wall he may not build his wall close by unless he moves it four cubits away⁶⁴. If there are windows, on top, from below, and on equal height, four cubits⁶⁵.

footnotes: ⁶⁴ Even though his wall is mentioned twice in this sentence, there is only one wall to be built. Since the next sentence speaks of a wall, either of a house or a wall of separation, parallel to the other person’s existing wall, probably the wall mentioned here is to be built at a right angle to the existing wall. In the interpretation of the Babli, 22b, there should be space between the two walls so that people may walk between them and by their walking compact the earth holding both walls. ⁶⁵ If there are windows in the other house’s wall, the new wall must preserve the other person’s privacy. Therefore, the wall must be either 4 cubits higher or 4 cubits lower than the window. If it is of equal hight then it must be at least 4 cubits distant to allow daylight into the window.

HALAKHAH: “If somebody’s wall was,” etc. In the House of Rebbi Yannai they said, the Mishnah speaks of those coming first to settle in a new town⁶⁶. Rebbi La said, The Mishnah speaks of a sealed wall⁶⁷. Rebbi Yose said, the Mishnah speaks of a barricade⁶⁸ wall. Rebbi Yose ben Rebbi Abun said, the Mishnah says so: “If there are windows, on top, from below, and on equal height, four cubits.” On top four cubits, lest he could stand and see; from below four cubits, lest he could stand and see; at equal hight lest he obscure the sides⁶⁵. This was stated⁶⁹: “One distances the wall from a window by the size of a window.”

footnotes: ⁶⁶ Babli 22b, in the name of R. Yose b. Ḥanina. They imply that in a settled area, a wall built at a right angle may be built adjacent to the existing wall. ⁶⁷ This wall mentioned in the first sentence is solid, having no windows. ⁶⁸ Arabic سدم “to close a door, to barricade”; not the wall of a house but the fence of an enclosure. ⁶⁵ If there are windows in the other house’s wall, the new wall must preserve the other person’s privacy. Therefore, the wall must be either 4 cubits higher or 4 cubits lower than the window. If it is of equal hight then it must be at least 4 cubits distant to allow daylight into the window. ⁶⁹ Tosephta 1:5, including the statement of R. Yose bar Abun.

MISHNAH: One distances the ladder⁷⁰ from a dovecote by four cubits lest a marten jump⁷¹, and the wall four cubits from the leader⁷² so it can support the ladder. One distances the dovecote from town by fifty cubits⁷³. A person may not build a dovecote on his property unless he have fifty cubits in each direction⁷³. Rebbi Jehudah says, the area of four bet kor⁷⁴, the distance one sends a pigeon. But if he bought it even with the area of a quarter [qab]⁷⁵, it is in his power⁷⁶.

footnotes: ⁷⁰ The permanent ladder leading to the upper floor apartment. ⁷¹ Onto the dovecote and eat the pigeons. If a builder contracts to build an access to an upper floor and disregards this rule it is malpractice and he has to rebuild the access at his own expense. ⁷² By which the rainwater flows from the roof to the earth. Near the leader the earth is soft and does not support anything. ⁷³ It is axiomatic that a pigeon chick which cannot yet fly does not move farther than 50 cubits away from the dovecote. Therefore, any chick within 50 cubits belongs to the owner of the dovecote; the rule prevents property disputes about pigeon chicks. ⁷³ It is axiomatic that a pigeon chick which cannot yet fly does not move farther than 50 cubits away from the dovecote. Therefore, any chick within 50 cubits belongs to the owner of the dovecote; the rule prevents property disputes about pigeon chicks. ⁷⁴ The dovecote has to be the center of a square of surface area 300’000 square cubits, of side length 547.72 cubits, in its owner’s possession. ⁷⁵ A square of area 104 1/6 square cubits, of edge lengths slightly over 10 cubits; cf. Chapter 7, Note 49. ⁷⁶ An existing dovecote which does not conform to the rules does not have to be removed.

HALAKHAH: “One distances the ladder,” etc., until “in his power.” Rebbi Eleazar said, that is, to the right hand side. But to the left he may put it up immediately⁷⁷.

footnotes: ⁷⁷ If the leader is built so that the water flows to the right hand side, one may build the ladder close to it on the other side since its stability will not be compromised.

Here, you say 50 cubits. But there, you say 30 stadia. Rebbi Yose ben Rebbi Abun said, they feed within fifty cubits; they fly even four mil⁷⁸ 7:10, Notes 105–107..

footnotes: ⁷⁸ Reformulation of a paragraph in Bava qamma

MISHNAH: A pigeon chick which is found within 50 cubits belongs to the owner of the dovecote; farther away than 50 cubits it belongs to its finder⁷³. If it was found between two dovecotes, if it is closer to one of them, it belongs to it; in the middle, both [owners] shall split evenly.

footnotes: ⁷³ It is axiomatic that a pigeon chick which cannot yet fly does not move farther than 50 cubits away from the dovecote. Therefore, any chick within 50 cubits belongs to the owner of the dovecote; the rule prevents property disputes about pigeon chicks.

HALAKHAH: “A pigeon chick which is found within 50 cubits,” etc. That is, if no public road interrupts between them⁷⁹. But not if a public road interrupts between them⁸⁰. This is learned from that, and that is learned from this⁸¹2:4, Notes 54–55. Something found in an apartment shared by two people has to be advertised; in a hotel frequented by 3 or more people it belongs to the finder.. This is learned from that: if there were two⁸², he has to make it public. That is learned from this: if there were three⁸², it would belong to its finder⁸¹2:4, Notes 54–55. Something found in an apartment shared by two people has to be advertised; in a hotel frequented by 3 or more people it belongs to the finder..

footnotes: ⁷⁹ This refers to the last case in the Mishnah, if the chick was found between two dovecotes less than 100 cubits from one another. ⁸⁰ One may assume that the chick was lost by a passer-by who gave up hope to recover it; therefore, it belongs to the finder. (Babli 23b/24a). ⁸¹ “That” is Halakhah Bava meṣia‘ ⁸² Dovecotes within 50 cubits of the chick. ⁸² Dovecotes within 50 cubits of the chick. ⁸¹ “That” is Halakhah Bava meṣia‘

MISHNAH: One distances a tree from a town by 25 cubits; but carob tree or sycamore by 50 cubits; Abba Shaul says, every non-fruit tree by 50 cubits. If the town existed before the tree, one cuts it down and does not pay for it; if the tree existed before the town, one cuts it down⁸³ and pays for it. If there is a doubt which one existed before the other, one cuts it down but does not pay⁸⁴. One distances a threshing floor 50 cubits from the town⁸⁵. A person shall not make a threshing floor on his property unless he owns 50 cubits in each direction⁸⁶. He distances it from another’s orchards or ploughed field so that he will not cause damage⁸⁷.

footnotes: ⁸³ The developer of the town has the right to cut the surrounding trees down provided that he pay for them. ⁸⁴ Since the burden of proof is on the claimant. ⁸⁵ Because the chaff flying from a threshing floor is unhealthy. ⁸⁶ The directions are N,E,S,W. He must own a 100 by 100 square, not only a circle of 50 cubits radius. ⁸⁷ In case of a dispute, the burden of proof is on him that he did not impair another person’s property.

HALAKHAH: “One distances a tree from a town,” etc.. אֲפִילוּ בְתוֹךְ שֶׁלּוֹ אָסוּר Because it creates shadow where it stands or because its falling leaves⁸⁸ 48b). In the parallel, Babli 24b, the word is נויי which Maimonides (Šekhenim10:1), and Rashi by the absence of a commentary, understand as “beauty” but R. Gershom (correct text in Arukh completum s. v. ניא) explains the Babli’s “because of נויי” that all places in and around the town should be freely accessible (maybe for the fire brigade.) He seems to identify the Yerushalmi’s ניא with the Babli’s נויי. Torczyner and Ben Jehudah, in the latter’s Thesaurus, do not come to a conclusion as to meaning and etymology of the word. are dangerous? What is the difference between them? If it stands on one’s own property. If you say, because it creates shadow where it stands, on his property it is permitted. But it you say, because its motion is dangerous, even on his property it is forbidden.

footnotes: ⁸⁸ This translation follows the reading of E שינויו, which S. Lieberman reads as שֶׁינְּוִיָּו, equivalent to Babli נְבִייָתוֹ (Avodah zarah

MISHNAH: One distances carcasses, and graves, and tanneries 50 cubits from the town, and one builds a tannery only to the East of a town⁸⁹. Rebbi Aqiba says, one may build in any direction except to the West, and distances himself by 50 cubits.

footnotes: ⁸⁹ Since most days of the year the wind blows from the West. The bad smell of the tannery will be downwind.

HALAKHAH: “One distances carcasses,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: To the place where one prepares the skins⁹⁰. In the House of Rebbi Yannai they said, up to the place where one might smell what he makes⁹¹. It was stated so⁹²: “Rebbi Aqiba says, he may build it in any direction and distances himself, except to the West because that [wind] is frequent.⁸⁹” Rebbi Mana went to accompany a person afflicted with a skin disease. His father told him, do not walk to the East of him but rather to the West of him.

footnotes: ⁹⁰ This explains why animal carcasses come under the same rules as tanneries: The process of making leather starts with skinning carcasses. ⁹¹ This now refers to the problem of locating a tannery. Any location is fine where the smell does not reach the town. ⁹² Tosephta 1:8, Babli 25a. ⁸⁹ Since most days of the year the wind blows from the West. The bad smell of the tannery will be downwind.

MISHNAH: One distances a soaking pond⁹³ from vegetables, and leeks from onions⁹⁴, and mustard from bees⁹⁵. Rebbi Yose permits mustard.

footnotes: ⁹³ A person who makes a pond to soak his flax has to put it far enough from existing vegetable fields to avoid being sued for any damage to the vegetables. ⁹⁴ In order to avoid crosspollination at flowering time. ⁹⁵ To avoid causing the honey to smell of mustard.

HALAKHAH: “One distances a soaking pond,” etc. It was stated: One distances an onion bed from leeks, but Rebbi Eleazar ben Rebbi Simeon permits it. Rebbi Jacob ben Dosai said, from these teachings [it follows] that mutually they have to distance themselves one from the other⁹⁶ does the same for a person wanting to plant onions next to an existing bed of leeks. One has to conclude that in all cases the latecomer has to be careful not to hurt existing cultures and the rules of the Mishnah work both ways.. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: Because the bees’ mouth becomes sharp and they destroy the honey⁹⁷.

footnotes: ⁹⁶ The Mishnah warns a person not to plant leeks next to an existing bed of onions to avoid a damage suit; the baraita ⁹⁷ The person putting a bee-hive near to a bed of mustard only hurts himself, rather than the grower of mustard.

MISHNAH: One distances a tree 25 cubits from a cistern, but carob tree and sycamore 50 cubits, whether on top or level⁹⁸ 1:2 (Notes 28–34), R. Yose ben Rebbi Abun characterizes the Babli’s opinion as R. Simeon’s and holds that R. Yose, who is the higher authority, allows a tree to be planted below the cistern. He will require that the cistern’s bottom not be below its owner’s property line on the hill. (It is not obvious that the opinions of the editors of the other parts of the Yerushalmi are accepted in Neziqin.). If the cistern existed before, he shall cut it down and pay for it⁹⁹; if the tree existed before, one shall not cut it down. Rebbi Yose said, even if the cistern existed before, one shall not cut it down since the one digs on his property and the other plants on his property¹⁰⁰. A person should not plant a tree next to another’s field unless he distanced himself from it by four cubits¹⁰¹, whether vines or any other tree. If there was a wall between them, each one goes close to the wall¹⁰². If its roots extended to another’s field, he lowers the roots three handbreadths in order not to hinder the plough¹⁰³. If one was digging a cistern, or a ditch, or a cavern, he cuts and excavates and the wood is his.

footnotes: ⁹⁸ In order to avoid damage to the walls of the cistern by the roots. The required distance applies if the tree is planted on a level with the cistern or above it on a hillside. In the Babylonian sources, Babli 25b and Tosephta 1:12, it is emphasized that this also applies if the tree is planted on a hillside below the level of the cistern. In Ševi‘it ⁹⁹ He (the tree’s owner) shall cut his tree down if he (the cistern’s owner) pays for it. ¹⁰⁰ Since the owner of the tree legally may plant a tree on his property, the provident owner of the neighboring plot will build his cistern at 25 cubits’ distance from his property line. ¹⁰¹ This is good advice rather than a legal requirement. A person planting a fruit tree on his property needs a circle with a radius of 4 cubits around it for servicing the tree; he has to avoid trespassing on other people’s property. ¹⁰² Since then there is no danger of trespassing. גָּדֵר, like Arabic جَدُر, is a rural stone wall made without mortar, not a fence as in modern Hebrew. ¹⁰³ I. e., the field’s owner is free to remove any roots in his soil down to a depth of 3 handbreadths (about 30 cm) without asking or paying anybody.

HALAKHAH: “One distances a tree,” etc. Halakhah 12: “A person should not plant,” etc. Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: The rabbis’ reason is that civilization is based on cisterns¹⁰⁶ the tree’s owner to cut it down if the cistern’s owner offers him money?. Simeon bar Abba in the name of Rebbi Joḥanan: Rebbi Joshua answers the rabbis thus: just as you hold that civilization is based on cisterns, so I am holding that civilization is based on trees.

footnotes: ¹⁰⁶ The tree’s owner did not break any law in planting it, as R. Yose insists. Then why do the rabbis force

¹⁰⁷[Rebbi Yasa¹⁰⁸ said in the name of Rebbi Joḥanan: Roots are irrelevant for First Fruits.]¹⁰⁹ Rebbi Yose said, he said it correctly. For if he did say that roots are important, nobody could ever bring First Fruits since the roots of one enter the other’s ground and vice-versa. Therefore, Rebbi Yasa said in the name of Rebbi Joḥanan: Roots are irrelevant for First Fruits.

footnotes: ¹⁰⁷ Text of E, missing in L, but presupposed by R. Yose’s reaction to it. ¹⁰⁸ The correct attribution is in the quote at the end of the paragraph. ¹⁰⁹ They are very light and take up a large volume.

MISHNAH: If a tree overhangs another’s field, he may cut it in the height of the plough’s ox-goad¹⁰⁴; carob tree and sycamore along the plumb line¹⁰⁵. Over an irrigated field along the plumb line¹⁰⁵. Abba Shaul says, every non-fruit-bearing tree along the plumb line¹⁰⁵. If a tree overhangs the public domain, one has to cut it so that a camel with a rider on it may pass; Rebbi Jehudah says, loaded with flax or bundles of vine cuttings¹⁰⁹. Rebbi Simeon says, any tree [must be cut] along the plumb line because of impurity¹¹¹⁰ requires that branches overhanging a public road must be cut up to a height of 15 Roman pedes, not quite 4.5 m.) He insists on a Jewish rationale. The impurity of the dead is transferred not only by touch but by being under one “tent” with a corpse. The crown of a tree forms such a “tent.” If the tree overhangs a road but grows inside a fence or wall which obstructs the view, a person passing under it could be inadvertentently become severely impure (cf. Nazir 7:3, Notes 163–164). Therefore, in the Land of Israel all overhangs have to be eliminated. He has no rules for other countries..

footnotes: ¹⁰⁴ He may cut all overhanging branches of a fruit tree to the height of the ox-goad used with his plough. ¹⁰⁵ The owner of the field may cut these trees vertically at his property line. ¹⁰⁵ The owner of the field may cut these trees vertically at his property line. ¹⁰⁵ The owner of the field may cut these trees vertically at his property line. ¹⁰⁹ They are very light and take up a large volume. ¹ The owner of the field may cut these trees vertically at his property line. ¹¹⁰ R. Simeon essentially rejects the rabbis’ rule as following Gentile law (Corpus iuris, Decretum de arboribus caedendis

HALAKHAH: “If a tree overhangs another’s field,” etc. “If a tree overhangs the public domain,,” etc. ¹¹¹ 3 [Ginze Schechter I (New York 1928), p. 130]. A similar story, about R. Yannai, is in the Babli, 60a/b. Rebbi Jonathan was careful in judging; there was a Roman there who was his neighbor both in the field and the house. Rebbi Jonathan had a tree overhanging the Roman’s property. A similar case came before him¹¹². He told them, go and return next morning¹¹³. This Roman said, because of me he did not decide the case. Tomorrow I will abandon my work¹¹⁴ and see how the judgment goes. If he judges all people and does not judge himself, he is not human. At nightfall, Rebbi Jonathan sent for his carpenter and told him, go and cut everything that overhangs the Roman’s. In the morning, the parties appeared before him. He told him, go and cut what overhangs into his property. The Roman said to him, what is with yours? He told him, go and see; what was done with mine do with yours. He went out and looked. He said, praised be the Jews’ God.

footnotes: ¹¹¹ A Hebrew version of this story is in Tanḥuma Šofeṭim ¹¹² A case of a tree overhanging from one person’s property over another’s. ¹¹³ A most unsual procedure. ¹¹⁴ The reading of E: אוּמְנִין דִּידִי “my job” makes good sense; no conjectures are needed. The text of L must be classified as a scribal error.

A woman honored Rebbi Jonathan with figs¹¹⁵. He told her, please if you brought them covered, take them away covered; but if you brought them in the open, take them away in the open, so that people should not say that she brought him denars and he honored her with figs¹¹⁶.

footnotes: ¹¹⁵ As a bakshish, which as a judge he could not accept. ¹¹⁶ But still accepts bribes.

Rebbi Ḥanina brought Rebbi Jonathan to his garden and served him figs. When he left, he saw one tree of white *benot ševa‘*¹¹⁷ 2:8, Note 135.. He asked him, why did you not let me eat from these? He told him, they are my son’s. Rebbi Ḥanina was afraid of robbing his son.

footnotes: ¹¹⁷ Delicacy figs; cf. Ma‘serot

Rebbi Yasa in the name of Rebbi Joḥanan: Practice follows Rebbi Simeon. Rebbi Ḥiyya in the name of Rebbi Joḥanan: Everybody agrees that practice follows Rebbi Simeon¹¹⁸.

footnotes: ¹¹⁸ Since the Babli does not discuss the matter, it follows that it accepts practice following the anonymous Tanna, which is appropriate outside the Land of Israel.