MISHNAH: When may one bring out manure to form dungheaps? From the moment the agricultural workers¹. stop, the words of Rebbi Meïr. Rebbi Jehudah says, when the colocynth², in Pliny cucumis colocynthis) is a gourd used as laxative; [מתוֹק “sweet” is a euphemism.] dried up. Rebbi Yose says, when it forms its fruit³. How much manure may one use? Up to three dungheaps for a bet seah, each one containing ten boxes of a letekh⁴. A bet seah is 2500 square cubits, cf. Peah p. 89. each. One may add boxes but not dungheaps; Rebbi Simeon says, also dungheaps.

footnotes: ¹ Some Mishnah mss. of the Maimonides tradition have: עוברי עבירה “the sinners”. The meaning of both versions is the same: One may make dungheaps on his field only after those who work their fields in the regular manner have stopped doing so, when it is too late to fertilize for this year’s crop. One may not spread out the manure on the field but it should be stored in heaps of 150 seah ² Definition of the Halakhah. Colocynth (citrullus colocynthis ³ Interpretation of Maimonides. An exact translation would be “when it forms nodes.” The colocynth, a relative of the cucumber, has no thickened parts except the fruit developing from the female flower. ⁴ 15 seah

HALAKHAH: “When may one bring out,” etc. Is it permitted to assemble a dungheap at the door of one’s courtyard before the agricultural workers stop? Silanus asked Rebbi Ḥiyya bar Abba and he forbade it to him. Rebbi Ḥanina⁵ said, he permitted it, and they were gossipping about him that he was taking the tithe⁶. He instructed himself to leave the Land, so that he could not take the tithe. Then should it be forbidden even after the agricultural workers did stop because of the bad impression, that they would not say, he brings it out to his irrigated field? The people of one’s town know whether he has an irrigated field or not. Rebbi Yose said, this means that they did not worry about a bad impression on passers-by⁷, Chapter 9, Notes 32 ff..

footnotes: ⁵ He is the fifth generation Amora R. Ḥananiah, not the first generation Amora R. Ḥanina. There is no need to amend the text for reasons of chronology. ⁶ R. Ḥiyya bar Abba was a Cohen and Silanus, a rich land owner, used to give him his tithes. The people gossipped that R. Ḥiyya was bending the law to please his benefactor. R. Ḥiyya, a Babylonian, returned to Babylonia the following year, in order not to profit from the yield that his ruling produced. We know from the Babylonian Talmud that R. Ḥiyya bar Abba sometimes argued inperson with Baby-lonian Sages. ⁷ This is in line with the position of the Yerushalmi in Kilaim

May one do that during the prohibition of the first two terms⁸? Let us hear from the following⁹: “One may sell and transport manure with those who work during the Sabbatical year until the New Year, with a Gentile and a Samaritan even during the Sabbatical year on condition that he not unload the boxes.” It said only, “on condition that he not unload the boxes,” hence he is permitted to transport. That means it is permitted¹⁰. If you say it is forbidden, he should be forbidden to transport.

footnotes: ⁸ Chapter 1, Note 4. ⁹ A different text is in Tosephta 1:4: “One sells and transports manure from a Jew suspected of violating the Sabbatical before the Sabbatical year; from a Gentile or a Samaritan it is permitted even during the Sabbatical. How long may one fertilize? Anytime one may plough one may fertilize.”Since the agricultural Sabbatical is certainly rabbinic, if there is no Jubilee year and no Temple the Samaritans are not bound by its rules. The language of the Tosephta binds the prohibition of fertilizing to that of ploughing; when the two terms were abolished for ploughing they automatically were abolished for fertilizing. ¹⁰ Since the condition that one may not unload is stipulated only for working with a Gentile during the Sabbatical but does not apply to working with a Jew suspected of violating the rules of the Sabbatical. Then certainly he is permitted to transport and unload for himself.

“When the colocynth dried up.” Citrullus colocynthis. Rebbi Mana said, that means the colocynth of the open field¹¹.

footnotes: ¹¹ Not the colocynth of a watered garden plot which may grow throughout the entire year.

“When it forms its fruit.” When it forms many fruits. Rebbi Ḥananiah said, when its uppermost fruit is fully formed, it immediately dries up. About this we have stated: Their statements¹² are close to each other.

footnotes: ¹² Rebbis Jehudah and Yose.

Rebbi Jeremiah said, if he uses fewer boxes; hence, two are permitted¹³. Rebbi Yose questioned, if he uses fewer boxes, then two should be forbidden¹⁴, 450 seah. Then making only two standard sized dungheaps would be forbidden.. But where do we hold? If he exceeds the measure¹⁵ each., as we have stated¹⁶: “Rebbi Meïr says, one may not add boxes or dungheaps, but the Sages say, one may add boxes but not dungheaps.” If one adds boxes, are they not of full measure¹⁷, one may make two dungheaps only on condition that together they contain at least 450 seah.? Similarly, one brings out to the dungheap even full measures¹⁸.

footnotes: ¹³ Since the Mishnah discusses the number of dungheaps and their size and then discusses whether one may add to the numbers stated, but does not discuss whether one may make smaller dungheaps, it follows that one may not make dungheaps of smaller size because that would look like fertilizing one’s field. It seems that the Mishnah insists only on a minimal size, not on a minimal number of dungheaps. ¹⁴ A possible interpretation of the Mishnah is that one may not start dungheaps on the field (for next year’s use) unless the total amount is 30 letekh ¹⁵ If he uses boxes holding more than 10 letekh ¹⁶ Tosephta 2:14. The opinion of the Sages is there attributed to R. Jehudah; R. Simeon permits more, but not fewer, dungheaps. ¹⁷ Since a dungheap may contain more than 150 seah ¹⁸ This refers to the next Mishnah where it is stated that one may gradually build up one’s dungheap after the agricultural season. Even though the Mishnah speaks of “a little”, it may be as much as a full single basket at one time and still people will not think that he is going to fertilize his field in the Sabbatical year.

MISHNAH: A person may fill his entire field with dungheaps, three each per bet seah; more is forbidden²⁰, the words of Rebbi Simeon. But the Sages say²¹, only if he raises or lowers it by three [hand-breadths]²², unless it is shown that the intent is for dungheaps, not for a fraudulent fertilizing of the field by making as many dungheaps as possible that automatically will fertilize the soil beneath. The dungheaps are only permitted if the soil beneath them is visibly higher or lower than the surrounding field.. A person may store his entire manure together²², unless it is shown that the intent is for dungheaps, not for a fraudulent fertilizing of the field by making as many dungheaps as possible that automatically will fertilize the soil beneath. The dungheaps are only permitted if the soil beneath them is visibly higher or lower than the surrounding field.; Rebbi Meïr says only if he raises or lowers it by three [hand-breadths]. If he had little¹⁸, he may continuously add to it; Rebbi Eleazar ben Azariah says only if he raises or lowers it by three [hand-breadths] or puts it on a rock.

footnotes: ²⁰ The manuscript tradition here is thoroughly unsatisfactory. The text is that of the Leyden ms. In the Rome ms., some Mishnah mss., and the standard printed Mishnah the text reads יתר מכן מחציב דברי ר׳ שמעון “more than that he chisels, the words of R. Simeon”; that text makes no sense at all. Most Mishnah mss. read simply יתר מכן דברי ר׳ שמעון; one Genizah fragment reads ויתיר, which seems to be the reading underlying the Yerushalmi Halakhah and the commentaries of Maimonides, R. Simson of Sens and R. Isaac Simponti: “even more, the words of R. Simeon.” This is the only text compatible with the opinion of R. Simeon as given in the Tosephta (Note 16). ²¹ In all Mishnah mss. except the Leyden ms. (and that of R. S. Cirillo), the reading is אוסרין “(the Sages) forbid it.” This is also the Leyden text in the Halakhah. ²² One may not put more than three dungheaps on one field, even one much larger than a bet seah ²² One may not put more than three dungheaps on one field, even one much larger than a bet seah ¹⁸ This refers to the next Mishnah where it is stated that one may gradually build up one’s dungheap after the agricultural season. Even though the Mishnah speaks of “a little”, it may be as much as a full single basket at one time and still people will not think that he is going to fertilize his field in the Sabbatical year.

HALAKHAH: Why is this stated twice²³; the Mishnah is needed to give the background of R. Simeon’s statement.? Rebbi Jeremiah said, there if he used fewer boxes, but here if he makes it according to the measure. We have stated thus about Rebbi Simeon: “On condition that he use no less than three boxes per dungheap.²⁴.”

footnotes: ²³ Since R. Jeremiah inferred from the preceding Mishnah that the Sages will not permit more than three dungheaps, why does this have to be stated here explicitly? The answer is that the Sages will not permit any dungheap of less than 150 seah ²⁴ Even R. Simeon will not permit any dungheap to contain less than 45 seah

“But the Sages forbid.²⁵ of manure directly on one field (of at least one bet seah surface area) in one, two, or three places.” When he brings more than the measure. But if the full measure is permitted in three places, so much more in one place.

footnotes: ²⁵ Quote from the correct Mishnah, cf. Note 21. The Sages will permit 450 seah

²⁶ 1:2 (fol. 83a). The paragraphs refer to the last part of the Mishnah (indicated in Mo‘ed Qaṭan but not here), the disagreement between the Sages and R. Eleazar ben Azariah. One may give two explanations: If he had little [manure] on his field²⁷ If he had little [manure] in his house before the Sabbatical year and he wants to transport it to his field during the Sabbatical, he may continuously add to it after the agricultural workers stopped; Rebbi Eleazar ben Azariah forbids it. What is the reason of Rebbi Eleazar ben Azariah? Maybe there will be no more manure and it will turn out that he fertilizes that place. [This is identical with the second scenario both here and in Mo‘ed Qaṭan. The only difference in both explanations is that in the first case, R. Eleazar ben Azariah is said to accept the opinion of R. Yose (Mishnah Baba Meẓi‘a 5:8) who forbids short sales of manure because manure always is in short supply.], he may continuously add to it after the agricultural workers stopped; Rebbi Eleazar ben Azariah forbids it. What is the reason of Rebbi Eleazar ben Azariah? Maybe there will be manure and it will turn out that he fertilizes that place²⁸. One may give another explanation: If he had little [manure] in his house before the Sabbatical year and he wants to transport it to his field during the Sabbatical, he may continuously add to it after the agricultural workers stopped; Rebbi Eleazar ben Azariah forbids it. What is the reason of Rebbi Eleazar ben Azariah? Maybe there will be no more manure and it will turn out that he fertilizes that place. Has it not been fertilized before the Sabbatical year²⁹? Rebbi Abba, Rebbi Jeremiah, Rebbi Abun bar Ḥiyya in the name of Rebbi Abba bar Mamai: Because of the bad impression [it is forbidden] unless he transports ten boxes together³⁰. Do the rabbis not care for a bad impression? Rebbi Idi said his stick, his basket, and his shovel prove that he intends to make a dungheap.

footnotes: ²⁶ This paragraph and the next with major variations are also in Mo‘ed Qaṭan ²⁷ In Mo‘ed Qaṭan: ²⁸ If the manure is added in small portions, the soil under the dungheap will be thoroughly fertilized next year when the manure is spread out over the entire field. ²⁹ This objection assumes that the dungheap was started before the Sabbatical year. ³⁰ R. Eleazar ben Azariah forbids adding small increments only because people could think he was going to fertilize his field.

Rebbi Yose ben Rebbi Abun applied these traditions from here, as we have stated³¹ 1:2. Nonessential agricultural work is forbidden during the intermediate days of a holiday; construction work is permitted. The Sages consider building a new water canal as construction and permitted; the question is the rationale of the prohibition by R. Eleazar ben Azariah.: “Rebbi Eleazar ben Azariah said, one does not build a new water canal during the intermediate days of holidays or during the Sabbatical year.” Rebbi Zeїra said, because he would prepare its banks to be sown³². Rebbi Jeremiah, Rebbi Abun bar Ḥiyya in the name of Rebbi Abba bar Mamai: Because of the bad impression. They wanted to say, the one who says there “because of the bad impression” says here³³ “because of the bad impression”; the one who says “because he would prepare its banks to be sown”, what can he say here? The only answer would be “maybe there will be no more manure and it will turn out that he fertilizes that place.³⁴; the first explanation has to be rejected.” What would be the difference between them³⁵? If he dug to build a water canal for a building. They wanted to say, the one who says there “because of the bad impression” will say in this case “because of the bad impression,” but the one who says there "because he would prepare its banks to be sown,” here its banks will not be prepared to be sown. Everybody agrees that if he built there with lime, pebbles, stones, or cement³⁶ it would be permitted.

footnotes: ³¹ Mishnah Mo‘ed Qaṭan ³² This reason would be valid both for the holidays and the Sabbatical year. ³³ In the previous paragraph. ³⁴ The second explanation offered in the previous paragraph is valid since it extends to the case of Mo‘ed Qaṭan ³⁵ Is there a practical difference where the ruling would allow one to choose between the two arguments proffered for the position of R. Eleazar ben Azariah? ³⁶ Greek γύψος. If the banks of a water canal are of stone or mortar, it is obviously not an agricultural construction.

MISHNAH: He who wants his field to be fertilized³⁷ makes a corral enclosing two bet seah. He may remove the walls in three directions and leave the middle one; then he may fertilize four bet seah³⁸; Rabban Simeon ben Gamliel says eight bet seah³⁹. If his entire field was only four bet seah, he leaves out part of it because of the bad impression⁴⁰. He may take [manure] out from the corral and put it on his field the way professionals do it⁴¹..

footnotes: ³⁷ He lets his animals stay in a temporary corral on the field to collect their dung on the field. ³⁸ If the corral has the form of a rectangle, he removes three walls and puts them on the other side of the remaining wall. ³⁹ Repeating the operation three times, covering a rectangle homothetic to the first one by a factor of two. ⁴⁰ That people would not say that he intends to fertilize his field in the Sabbatical year. ⁴¹ Making three dungheaps per bet seah

HALAKHAH: There⁴², we have stated: “A field cleared of thistles may be sown after the Sabbatical year. If it was improved or manured, it may not be sown after the Sabbatical year.” Rebbi Jonah said, so is the Mishnah: He who wants to put his flock on his field makes a corral enclosing two ḅet seah.

footnotes: ⁴² Mishnah 4:2. That Mishnah seems to forbid what the present Mishnah permits. The current Mishnah is re-interpreted to mean that the owner intends to legally use his field in the Sabbatical year instead of abandoning it.

With everything one makes [walls of] corrals, with bast mats, straw, or stones, or even three ropes one above the other⁴³ 1:9; Kilaim 4:4, Note 61..

footnotes: ⁴³ Tosephta 2:19: “With everything one makes [walls of] corrals, with stones, bast mats, straw, sticks, stalks, or even three ropes one above the other on condition that between one rope and the next there be less that three hand-breadths where a kid goat could pass through,” cf. Mishnah ‘Eruvin

On condition⁴⁴ If it is filled, he removes the corral, makes dungheaps on his field in the way people treat dung, and makes a new corral … 16. He removes [the walls] from the old corral and uses them for the new one, on condition that between one corral and the next be less than eight bet seah, the words of R. Dositheos ben Rebbi Jehudah; Rebbi Yose ben Kipper said in the name of R. Eliezer, two bet seah. In these two bet seah he milks …” It is clear that the Tosephta is not the source of the Yerushalmi. that between one corral and the next there be less than a full corral. In that place he milks, shears, and through it leads his flock in and out.

footnotes: ⁴⁴ This does not refer to our Mishnah which requires that consecutive corrals be adjacent but to a text similar to Tosephta Chapter 2: “15. He who wants his field to be manured makes a corral enclosing two bet seah.

It was stated⁴⁵: “Rebbi Simeon ben Eleazar says, if he wishes he sticks a peg into the ground and makes four corrals in the four cardinal directions for a total of eight bet seah.”

footnotes: ⁴⁵ A similar statement appears in Tosephta 2:15. In fig. 3–1, the position of the peg is indicated by a small circle. R. Simeon ben Eleazar permits to make several corrals at the same time, Rabban Simeon ben Gamliel only one after the other.

“⁴⁵ One does not fertilize on the Sabbath⁴⁶, on holidays, or on the intermediate days of holidays, even if only for goodwill⁴⁷. One is not permitted to put a watchman there, nor to have the flock relieve themselves⁴⁸, and if they came by themselves one may not help them. But if they were working with him over the Sabbaths and holidays⁴⁹, he is permitted to put a watchman there, to have the flock relieve themselves, and if they came by themselves he may help them.” It was stated: “Rabban Simeon ben Gamliel says, on the Sabbath [workers] fertilize for goodwill, on the holidays for meals, and on the intermediate days of holidays even for wages.”

footnotes: ⁴⁵ A similar statement appears in Tosephta 2:15. In fig. 3–1, the position of the peg is indicated by a small circle. R. Simeon ben Eleazar permits to make several corrals at the same time, Rabban Simeon ben Gamliel only one after the other. ⁴⁶ From the following it becomes clear that one speaks of Gentile workers, or neighbors, who come to lead the Jewish owner’s flock on the Sabbath. Even though leading the flock is not prohibited on the Sabbath, one may not charge a Gentile to do it. ⁴⁷ The Gentile neighbor does it only so the Jew will do him a favor sometime in the future. ⁴⁸ One leads the animals around to speed up their evacuations. ⁴⁹ If the Gentile is hired by the month or for longer periods, one may indicate to him to care for the flock in his usual way on the Sabbath and the holidays.

⁵⁰ It was stated⁵¹ belongs to Baba Meẓi‘a, probably an excerpt from a list of conditions in a standard rental contract. The topic is not mentioned in Baba Meẓi‘a; probably it was not usual to rent flocks, in contrast to the widespread custom of renting cattle. The renter may not deprive the owner of manure.: “He who rents a flock may not help them to relieve themselves⁴⁸.” What means to help them to relieve themselves? He moves the animals from place to place. That is, if he rented them for a short time. But if he rented it for a longer period it is permitted; only the last day is forbidden.

footnotes: ⁵⁰ Here starts Halakhah 4 in the Venice text. ⁵¹ The baraita ⁴⁸ One leads the animals around to speed up their evacuations.

Rebbi Ḥuna in the name of Rab Naḥman bar Jacob: He who goes to do his needs and cannot relieve himself should walk around and he will be able to relieve himself⁵² 62a, Rav Ḥisda recommends gymnastics.. Rebbi Ḥuna in the name of Mar Uqba: Ḥafrita⁵³ common garden pepper cress.” root is good for the intestines.

footnotes: ⁵² Since the previous paragraph dealt with evacuations of animals, one discusses here the human aspect. In the Babli, Šabbat ⁵³ An unidentified plant. Elsewhere, חפירהis a grass or grain. But the plant here must have a root used for medicinal purposes. The best hypothesis is H. L. Fleischer’s, to explain the name by metathesis from חרף “to be spicy, hot”, as in Arabic חרף ḥurf “Lepidium sativum L.,

Rebbi Ḥiyya bar Abba asked: Before the agricultural workers stopped, may one be permitted to take from the corral and put on his field in the way people treat dung⁵⁴ 2:6) answers the question in the affirmative.?

footnotes: ⁵⁴ Since the Mishnah does not mention agricultural workers in this connection. Maimonides (Šemiṭṭah weYovel

MISHNAH: Nobody should start a quarry inside his field⁵⁵ unless there were three heaps of three by three standard stones⁵⁶, 27 stones in all. A stone wall containing ten stones, each a load for two carriers, may be taken away. The measure of a stone wall is ten hand-breadths. Less than that is a quarry; he may cut it down to a distance of less than a hand-breadth from the soil. That is, from his own⁶⁸. But from another person’s, he may take what he wants. That is, if he did not start it⁶⁹ before the Sabbatical year. But if he started it before the Sabbatical year, he may take what he wants.

footnotes: ⁵⁵ If he has rock inside his field and wants to quarry it to level it so its place can be covered with earth and used for agriculture the next year, he should not do it in the Sabbatical year unless he started to quarry in the preceding year. A heap consists of three rows of three stones each. ⁵⁶ The Halakhah will explain that a standard building stone is four hand-breadths wide. ⁶⁸ In the Mishnah codices, this is part of Mishnah 5 and refers to it. Stones are not abandoned in the Sabbatical, and one must pay for the stones he takes from another’s property. ⁶⁹ Dismantling the stone wall.

HALAKHAH: How is this? Three times nine, nine times three, 27.

It was stated: If there was a quarry between him and his neighbor and the neighbor had started to quarry it when it was permitted, this is permitted. But if it was empty of stones⁵⁷ it is forbidden.

footnotes: ⁵⁷ If the neighbor already had flattened his part of the rock and cleaned out his part, there is no preexisting quarry.

There⁵⁸ 14:1. Tractate Ahilut deals with the impurity brought on anything in a “tent” by a corpse in that tent (Num. 19). Any person or vessel under one roof with the corpse becomes impure; cf. Kilaim Chapter 6, Note 25., we have stated: “Any moulding⁵⁹ brings impurity, the frieze⁶⁰ [and] the Giblean frieze⁶¹ defines this as a frieze u-shaped upwards at its ends and flat in the middle; this definition is accepted by the Gaonic commentary to Ahilut. [only] when they are open one hand-breadth.” Rebbi Ḥiyya sayd, that means that anybody who receives a row of building stones from another person must prepare for it a space of four hand-breadths⁶². Rebbi Yose said, the Mishnah says so: “When did they say that any moulding brings impurity? For a moulding higher than the door by three rows of stones which is twelve hand-breadths.” Why did they state “rows of stones?” For the legal standard⁶³.

footnotes: ⁵⁸ Mishnah Ahilut ⁵⁹ A moulding is defined as a frieze along the outer wall of a house which is u-shaped downwards. The outer rim of the frieze points downward; its prolongation is considered a virtual wall closing off the house; anything between this virtual wall and the house itself is considered as part of the “tent”. ⁶⁰ The “frieze” is u-shaped upwards; the bottom of the frieze contributes to the “tent” only if it is substantial, if it extends at least one hand-breadth outside the wall of the house. ⁶¹ In the style of the city of Byblos, Hebrew גבל Arabic جبايل. The Tosephta Ahilut ⁶² The proof is from the part of the Mishnah quoted by R. Yose. The 12 hand-breadths mentioned are a maximum height; friezes higher than 12hand-breadths above the door (according to Maimonides, above the doorstep) are disregarded. ⁶³ For the rules of impurity, the mention of the rows of stones is superfluous.

Rebbi Ḥiyya bar Abba asked, are these standards like those standards⁶⁵14:1 be applied to Ševi‘it?? Rebbi Ḥizqiah, Rebbi Jacob bar Aḥa in the name of Rebbi Yose ben Ḥanina: These standards are like those standards. Here you say “the measure of a stone wall is ten hand-breadths, less than that is a quarry;” and there you say so? Where do we stand? If there were two rows of stones, one should state “eight hand-breadths”; if there were three one should state “twelve hand-breadths!” Rebbi Yose said, deduct half a hand-breadth for hewing top and bottom and so for the next row, one finds three rows of ten hand-breadths⁶⁶. Less than that is neither a stone wall nor a quarry⁶⁷.

footnotes: ⁶⁵ May the commercial standard of stones indicated in Ahilut ⁶⁶ The height of four hand-breadths is required in a standard contract only for unhewn stones. ⁶⁷ Unless the conditions of Mishnah 3 are satisfied.

We have stated⁷⁰ 2:8) it seems that he read in the Yerushalmi as in the Tosephta; R. Isaac Simponti quotes the Yerushalmi as in the Tosephta. From the silence of all Medieval commentators one may conclude that they all read the text of the Tosephta in the Yerushalmi. In the early Sixteenth Century, R. Joseph Caro had the text of the Yerushalmi as given here, as can be seen from his commentary to Maimonides (loc. cit.) Cf. Tosefta ki-fshtutah p. 512.: “Rebbi Jehudah said that is if he did not intend to improve his field; but if he intended to improve his field even more is permitted. Rabban Simeon ben Gamliel said, that is if he did not intend to improve his field; but if he intended to improve his field even less is forbidden.” Rebbi Vivian said, Rebbi Assi taught following the Tanna who is lenient.

footnotes: ⁷⁰ Tosephta 3:1–2: “Rebbi Jehudah said that is if he intended to improve his field; but if he did not intend to improve his field even more is permitted. Rabban Simeon ben Gamliel said, that is if he did not intend to improve his field; but if he intended to improve his field anything is for bidden.” From Maimonides’s Code (Ševi‘it weYovel

MISHNAH: Stones which the plough displaced or which were hidden and became uncovered may be taken if among them there are two which are a load for two carriers⁷¹. He who clears his field from stones takes the upper ones⁷² and leaves those which touch the soil. And so from a round heap⁷³ of pebbles or a stone heap, he takes the upper ones and leaves those which touch the soil; if beneath them is rock or straw they may be taken.

footnotes: ⁷¹ The size of the stones indicateds that he is not engaged in agricultural work. ⁷² Since they do not touch the ground, taking them is not working the soil. ⁷³ This is the dictionaries’s guess of a secondary meaning of גרגיר “kernel.” The better reading is that of the Maimonides tradition of the Mishnah and the Kaufmann ms.:גרגש “lump”. The rule refers to lumps of stones on agricultural soil, but if the pebbles lie either on bare rock or are separated from the soil by a layer of straw they may be taken.

HALAKHAH: Not only if the plough displaced them, but even if the plough might displace them in the future. Rebbi Yose said, a baraita says so⁷⁴: “They may be taken if among all of them there are two which are a two-person load”.

footnotes: ⁷⁴ Probably the reference is to some text similar to Tosephta 3:4 “Sitting stones which the plough displaces may be taken if among them there are two which are a load for two carriers”. Sitting stones have not yet been moved. The expression “all of them” is difficult to understand.

⁷⁵ Rebbi Jacob bar Abun in the name of Rebbi Simeon ben Laqish: This means⁷⁶ that it is forbidden to collect pebbles from another person’s field, for if he weeds, he will put his grasses there. That is, in an agricultural area, but on mountains and rocks it is permitted and he will think of it a kindness.

footnotes: ⁷⁵ In the Venice print, here starts Halakhah 8. ⁷⁶ Since the stones have not been taken in the course of the regular tending of the field.

MISHNAH: One does not build steps⁷⁷ out of ravines⁷⁸ before the Sabbatical year after the rains stopped because that is preparation for the Sabbatical. But he may build during the Sabbatical year after the rains stopped because that is preparation for the year after the Sabbatical. One should not fill with earth but he may use it for a divider. Any stone may be taken if he can stretch out his hand and take it⁷⁹.

footnotes: ⁷⁷ This is the standard meaning of the word; Maimonides explains it by Arabic דדג “staircase”. The explanation given by the classical commentaries is that hewn stairs down the ravine make it easier to draw water for manual irrigation. It seems to me that a better interpretation would be: “One does not build terraces out of ravines.” There is nothing in the Halakhah that would contradict this interpretation. If the Mishnah permits building terraces during the dry season of the Sabbatical year, it makes sense that one may not fill the terraces with earth since that clearly would be agricultural work. If one speaks of stairs, it is difficult to see why one would want to fill up with earth what will be washed away by next winter’s rains. ⁷⁸ Translation of Maimonides, Arabic ח֗נדק. ⁷⁹ Without a tool.

HALAKHAH: Rebbi Crispus in the name of Rebbi Joḥanan, Ḥananiah ben Gamliel⁸⁰: The Mishnah refers to the prohibition of the two terms⁸¹. It was stated: “Rebbi Jehudah and Rebbi Neḥemiah forbid it⁸² contradicts Tosephta 3:4: “Rebbi Neḥemiah says one builds steps out of ravines in the year before the Sabbatical and fills them with earth during the Sabbatical down to the ravine.” If there is a text by R. Neḥemiah that forbids building, that text would refer to the prohibition of the two terms and the Tosephta to the permission..” Does this not refer to the prohibition of the two terms, so here also about the prohibition of the two terms. Rebbi Shammai inquired: If this is about the prohibition of the two terms, did we state that one is permitted to plough⁸³ but forbidden to build? So it must refer to the permission of the two terms. If it refers to the permission of the two terms, we have stated: “But he may build during the Sabbatical year after the rains stopped because that is preparation for the year after the Sabbatical.” Rebbi Mana said, is Rebbi Shammai correct? In the first case, one is permitted to plough because that prepares for the year after the Sabbatical⁸⁴. It is forbidden to build since that prepares for the Sabbatical. The Mishnah does not say so, “but he may build during the Sabbatical year after the rains stopped because that is preparation for the year after the Sabbatical.⁸⁵”

footnotes: ⁸⁰ He might be R. Ḥananiah ben Gamliel, oldest son of Rabban Gamliel, brother of Rabban Simeon ben Gamliel, Tanna of the fourth generation. In that case, it would be difficult to disagree with his determination, since he would have heard from his father that with the two terms he also abolished the prohibition of building. ⁸¹ Cf. Chapter 1, Note 5. Since the prohibition was lifted, the Mishnah would no longer be operative. ⁸² This fragment of a baraita ⁸³ After the rains stopped, some time before Passover, it is possible to plough until Pentecost at least, but it would be forbidden to build. This does not make sense since ploughing is a direct agricultural activity but building is only an indirect one. ⁸⁴ It is good practice to plough a field with large furrows before letting it lay fallow. ⁸⁵ Hence R. Crispus in the name of Rebbi Joḥanan is justified and practice should follow R. Neḥemiah in the Tosephta.

“He should not cover it⁸⁶ and the Tosafists’ tradition read יסבוך “scramble”. Some late mss. have יסכוד “dam up”. with earth but he may use it for a divider.” What is a divider? It divides, as it is said (Ez. 13:10): “He is building a dividing wall.”

footnotes: ⁸⁶ This reading the Mishnah, יסכך, is only in the Leyden ms. The Arukh

MISHNAH: Shoulder stones come from anywhere⁸⁷. The contractor⁸⁸ may bring them from anywhere. These are shoulder stones: Any which cannot be taken up with one hand, the words of Rebbi Meïr. Rebbi Yose says shoulder stones are what their name indicates; all that can be carried on the shoulder by three’s or two’s. Somebody building a fence between his property and the public domain may dig down to the bedrock. What should he do with the soil? He makes heaps in the public domain and then uses it to improve [the public domain], the words of Rebbi Joshua. Rebbi Aqiba says, just as one may not damage the public domain, so one may not improve it. What should he do with the soil? He makes heaps on his own property in the way of those who manure⁸⁹ each per bet seah.. The same rule applies to somebody digging a cistern, a ditch, or a cave.

footnotes: ⁸⁷ Used for building, not for agriculture. ⁸⁸ According to Maimonides, a person who contracts for the upkeep of fields. According to R. Simson of Sens, a building contractor. According to R. Isaac Simponti, a contractor for building materials. The interpretations of RR. Simson and Isaac are preferable since all people in the contractor’s town know that he does not collect the stones to clean out a field. ⁸⁹ Three heaps of 150 seah

HALAKHAH: “Shoulder stones come from anywhere,” even from his own [property] and “the contractor may bring from anywhere,” even smaller than shoulder stones.

Rebbi Ḥiyya in the name of Rebbi Joḥanan: They stated only “between his property and the public domain”; hence, between his own and his neighbor’s properties [building] is forbidden in the Sabbatical year. But on the intermediate days of a holiday, even between his property and the public domain it is forbidden. ⁹¹ 1:4 (fol. 80c). About a breach that fences soil; but a breach that does not fence soil⁹² may be repaired in the Sabbatical year. We have stated so: “Any breach that fences soil one is forbidden to repair in the Sabbatical year; any breach that does not fence soil one may repair in the Sabbatical year.” That is, if it does not endanger the public, but if it endangers the public one may repair even if it does fence soil⁹³.

footnotes: ⁹¹ From here to the end of the paragraph, the text is also in Mo‘ed Qaṭan ⁹² If the wall between two private properties does not divide agricultural soil but stony ground or a road, it may be repaired in the Sabbatical year because this is not agricultural work. ⁹³ While in general one does not sow too close to a public road, if a solid stone fence separates the field from the road, all land inside may be used for crops and repairing the fence is an agricultural activity unless the breach in the wall constitutes a danger for those on the public road.

It is written (Ps. 50:23): “To him who makes a road I shall show the help of God.⁹⁴ 9(2), Tanḥuma Teẓawweh 9, to refer to those who install lighting on public roads at their own expense. Hence, improving the public domain is a meritorious deed. The text which proves this, from “Since R. Simeon …” to the end of the paragraph, is a slightly shortened version of the Midrash text.” There is a difference here, because this is an improvement which becomes a defect⁹⁵. Since Rebbi Simeon ben Laqish said, Saul merited the kingship only because his grandfather lit lights for the public; for that he was called “Ner”. One verse (1Chr. 8:33) says “Ner begot Qish.” Another verse (1S. 9:1) says “Qish the son of Abi’el.” Was not his name Abi’el? But his name became Ner because his grandfather lit lights for the public.

footnotes: ⁹⁴ This refers to the opinion of R. Aqiba that a private person may not make improvements in the public domain. The verse is explained in Lev. rabba ⁹⁵ Filling potholes with earth alone is only a temporary expedient that will lead to larger potholes the next rainy season.

Rebbi Abun asked: Before the agricultural workers stop, may one make heaps on his own property in the way of those who spread manure⁹⁶?

footnotes: ⁹⁶ Since “in the way of those who spread manure” implies that the work is done only after the end of the agricultural season, does this condition carry over to the case here where it makes no direct sense? Maimonides does not take up the problem.