airspace

Similarly with betrothals and similarly with a debt. If a man’s creditor said to him, “Throw me my debt”, and he threw it to him, if it lands nearer to the creditor, the borrower is credited [with paying back his debt]; if it lands nearer to the borrower, the borrower is still obligated [to repay the money]; if it lands midway, they divide. If she was standing on a roof and he threw it up to her, as soon as it reaches the airspace of the roof, she is divorced. If he was above and she below and he threw it to her, once it has left the space of the roof, [even were it to be immediately] erased or burnt, she is divorced.

The fathers of impurity are a: sheretz, semen, [an Israelite] who has contracted corpse impurity, a metzora during the days of his counting, and the waters of purification whose quantity is less than the minimum needed for sprinkling. Behold, these convey impurity to people and vessels by contact and to earthenware by presence within their airspace, But they do not convey impurity by being carried.

If a needle or a ring was found in the ground of an oven, and they can be seen but they don't stick out into the oven, if one bakes dough and it touches them, the [oven] is unclean. Regarding which dough did they speak? Medium dough. If they are found in the plaster of an oven with a tightly fitting lid: If the oven is unclean, they are unclean, If the oven is clean, they are clean. If they are found in the stopper of a jar: If on the sides, they are unclean. If opposite the mouth, they are clean. If they can be seen in it, but they do not enter its airspace, they are clean. If they sink into it, and there is [plaster] underneath them as thick as garlic peel, they are clean.

“ If a Cohen sold a field to an Israel and made the condition that the tithes should be his, the tithes are his.” May he sell them to a Cohen? Let us hear from the following. Rebbi Abbahu said in the name of Rebbi Simeon ben Laqish: He who sells the tithes of his field to another person did not do anything, the future children of his slave girl to another person, he did not do anything, the fetus of his animal to another person, he did not do anything, the airspace of his dry land to another person, he did not do anything. But he may sell him a field and reserve the tithes for himself, a slave girl and reserve her children for himself, an animal and reserve her fetus for himself. Is it not impossible for a person to sell the airspace of his dry land to another person? Explain it if he tells him, tear out some grasses in that dry land to acquire its airspace. And here there is real estate before him and he says, pluck something from the ground so that you acquire one tenth of it.

“ If a Cohen sold a field to an Israel and made the condition that the tithes should be his, the tithes are his.” May he sell them to a Cohen? Let us hear from the following. Rebbi Abbahu said in the name of Rebbi Simeon ben Laqish: He who sells the tithes of his field to another person did not do anything, the future children of his slave girl to another person, he did not do anything, the fetus of his animal to another person, he did not do anything, the airspace of his dry land to another person, he did not do anything. But he may sell him a field and reserve the tithes for himself, a slave girl and reserve her children for himself, an animal and reserve her fetus for himself. Is it not impossible for a person to sell the airspace of his dry land to another person? Explain it if he tells him, tear out some grasses in that dry land to acquire its airspace. And here there is real estate before him and he says, pluck something from the ground so that you acquire one tenth of it.

“ If a Cohen sold a field to an Israel and made the condition that the tithes should be his, the tithes are his.” May he sell them to a Cohen? Let us hear from the following. Rebbi Abbahu said in the name of Rebbi Simeon ben Laqish: He who sells the tithes of his field to another person did not do anything, the future children of his slave girl to another person, he did not do anything, the fetus of his animal to another person, he did not do anything, the airspace of his dry land to another person, he did not do anything. But he may sell him a field and reserve the tithes for himself, a slave girl and reserve her children for himself, an animal and reserve her fetus for himself. Is it not impossible for a person to sell the airspace of his dry land to another person? Explain it if he tells him, tear out some grasses in that dry land to acquire its airspace. And here there is real estate before him and he says, pluck something from the ground so that you acquire one tenth of it.

“Two gardens, one above the other, the lower one is made into a vineyard, the upper one is not made into a vineyard. One may sow the upper one until one reaches the airspace of ten.” Rebbi Abun bar Ḥiyya asked before Rebbi Zeïra, does this not imply that the declivity of a terrace belongs to the below? He said to him, because plants will bend into the airspace of the vineyard. “If the upper one is made into a vineyard but the lower one is not made into a vineyard, one may sow the lower one and the declivity until one reaches the roots of the vines.” Rebbi Yose said, one does not have here “the roots of the vines” but “below three [hand-breadths],” following that which was stated: “roots of madder that enter within four cubits of a vineyard are permitted below three hand-breadths.”

“Two gardens, one above the other, the lower one is made into a vineyard, the upper one is not made into a vineyard. One may sow the upper one until one reaches the airspace of ten.” Rebbi Abun bar Ḥiyya asked before Rebbi Zeïra, does this not imply that the declivity of a terrace belongs to the below? He said to him, because plants will bend into the airspace of the vineyard. “If the upper one is made into a vineyard but the lower one is not made into a vineyard, one may sow the lower one and the declivity until one reaches the roots of the vines.” Rebbi Yose said, one does not have here “the roots of the vines” but “below three [hand-breadths],” following that which was stated: “roots of madder that enter within four cubits of a vineyard are permitted below three hand-breadths.”

Ashqelon itself? Rebbi Jacob bar Aḥa in the name of Rebbi Zeïra: Since we have stated “the gardens of Ascalon” it follows that Ascalon is outside. Rebbi Simon in the name of Hilfai: The House of Rebbi Ismael ben Rebbi Yose and Ben Qappara voted on the airspace of Ascalon and declared it pure from the testimony of Rebbi Phineas ben Yaïr who said, we were descending to the Saracen [market] at Ascalon where we bought wheat, returned to our town, immersed ourselves and ate our heave. The next day they voted to free it from tithes. Rebbi Ismael ben Rebbi Yose removed his hand that was leaning on Ben Qappara. He said to him, my son, why did you not say to me: why did you remove your hand? I would have told you that yesterday I was he who declared it impure, I am he who declared it pure. But now I am saying, maybe it was conquered within the meaning of the Torah, how can I free it from the meaning of the Torah?

Rebbi Eleazar said, the Mishnah deals with a roof surrounded by the airspace of the courtyard. Did [the produce] not become ṭevel when it was transported through the courtyard? Explain it either following Rebbi Yose ben Rebbi Jehudah or Rebbi, when he wanted to cut them up for drying and then changed his mind not to cut.

Rebbi Joḥanan said, if somebody was standing in the public domain, collected rain from the airspace of walls and carried it out, he is liable. Rebbi Abun bar Ḥiyya in the name of Rebbi Zeˋira, it is so if he grabbed it, but if he collected it he is not liable. What is the difference between whether another person gave him or if Heaven gave? It follows Rebbi, for Rebbi made the airspace of walls like their substance.

Rebbi Joḥanan said, if somebody was standing in the public domain, collected rain from the airspace of walls and carried it out, he is liable. Rebbi Abun bar Ḥiyya in the name of Rebbi Zeˋira, it is so if he grabbed it, but if he collected it he is not liable. What is the difference between whether another person gave him or if Heaven gave? It follows Rebbi, for Rebbi made the airspace of walls like their substance.

“Neither is liable.” Rebbi Jacob bar Aḥa in the name of Ḥizqiah, the rabbis in the name of Rebbi Joḥanan: In the category of two people performing one work. Rav asked Rebbi, if another person put a bundle on his back, when he forgot and brought it out? On the occasion of the second repetition he told him, he is liable because it does not compare to this. Rebbi is of the opinion that when he started to walk it is as if he had taken up the object. In the opinion of Rebbi, if he stood in the public domain and threw but ran and caught it in a private domain, what? But is that not Rebbi since Rebbi made the airspace enclosed by walls like its essence? It is only necessary in case he stood in the private domain and threw but ran and and caught it in a public domain, what? It was found stated: Rebbi declares him not liable until the moment it comes to rest.

Rebbi Abun said, Rebbi, Ben Azzai, and Rebbi Aqiba, all three said the same. Rebbi made the airspace enclosed by walls like its essence. Ben Azzai made the airspace enclosed by karmelit like its essence. Rebbi Aqiba made the airspace over public domain like its essence.

Rebbi Abun said, Rebbi, Ben Azzai, and Rebbi Aqiba, all three said the same. Rebbi made the airspace enclosed by walls like its essence. Ben Azzai made the airspace enclosed by karmelit like its essence. Rebbi Aqiba made the airspace over public domain like its essence.

Rebbi Abun said, Rebbi, Ben Azzai, and Rebbi Aqiba, all three said the same. Rebbi made the airspace enclosed by walls like its essence. Ben Azzai made the airspace enclosed by karmelit like its essence. Rebbi Aqiba made the airspace over public domain like its essence.

Rebbi Mana cursed women who spread out their dresses over the airspace of the oven. Rebbi Yudan ben Rebbi Ismael with difficulty instructed to clean out the oven, laid there three stones and put on them; only that the neighboring women should not know of this. Rebbi Yose said, for the Sabbath you go by the heat; for impurity you go after the closure.

They wanted to say, he who said, if the distance between them is less than four [hand-breadths], even if they are not ten [hand-breadths] high. He who said, if they are ten [hand-breadths] high, even if the distance between them is four. Rebbi Ḥananiah the son of Rebbi Hillel said, only if the airspace of karmelit be within ten [hand-breadths].

It was stated in the name of Rebbi Jehudah: “Also its ledges and walls were measured with it.” Rav Hoshaia asked: is the airspace of a courtyard measured with it? Let us hear from the following: A house which was breached on one side is measured with it, from two sides it is not measured with it. Rebbi Abbin in the name of Rav Jehudah, if its beam had been removed. But if its beam had not been removed it is measured with it. If the beam had been removed is it not like the airspace of a courtyard? There it was enclosed as a dwelling, here it was not enclosed as a dwelling. “If he measures he should not be measuring from the center since he would lose, but from the corners.”

It was stated in the name of Rebbi Jehudah: “Also its ledges and walls were measured with it.” Rav Hoshaia asked: is the airspace of a courtyard measured with it? Let us hear from the following: A house which was breached on one side is measured with it, from two sides it is not measured with it. Rebbi Abbin in the name of Rav Jehudah, if its beam had been removed. But if its beam had not been removed it is measured with it. If the beam had been removed is it not like the airspace of a courtyard? There it was enclosed as a dwelling, here it was not enclosed as a dwelling. “If he measures he should not be measuring from the center since he would lose, but from the corners.”

It is obvious that an eruv needs a house. Should a participation need a house? (Rebbi Aḥa in the name of Rav: One may put it either in the airspace of a courtyard or the airspace of the alley.) The word of Rav implies that an eruv needs a house. The word of Samuel implies that participation needs a house. A baraita of Samuel disagrees with him: Participation may be put into the porter’s lodge. Rebbi Abun bar Ḥiyya, Rebbi Abbahu in the name of Rebbi Joḥanan: one may put it either in the airspace of a courtyard or the airspace of the alley.

It is obvious that an eruv needs a house. Should a participation need a house? (Rebbi Aḥa in the name of Rav: One may put it either in the airspace of a courtyard or the airspace of the alley.) The word of Rav implies that an eruv needs a house. The word of Samuel implies that participation needs a house. A baraita of Samuel disagrees with him: Participation may be put into the porter’s lodge. Rebbi Abun bar Ḥiyya, Rebbi Abbahu in the name of Rebbi Joḥanan: one may put it either in the airspace of a courtyard or the airspace of the alley.

It is obvious that an eruv needs a house. Should a participation need a house? (Rebbi Aḥa in the name of Rav: One may put it either in the airspace of a courtyard or the airspace of the alley.) The word of Rav implies that an eruv needs a house. The word of Samuel implies that participation needs a house. A baraita of Samuel disagrees with him: Participation may be put into the porter’s lodge. Rebbi Abun bar Ḥiyya, Rebbi Abbahu in the name of Rebbi Joḥanan: one may put it either in the airspace of a courtyard or the airspace of the alley.

It is obvious that an eruv needs a house. Should a participation need a house? (Rebbi Aḥa in the name of Rav: One may put it either in the airspace of a courtyard or the airspace of the alley.) The word of Rav implies that an eruv needs a house. The word of Samuel implies that participation needs a house. A baraita of Samuel disagrees with him: Participation may be put into the porter’s lodge. Rebbi Abun bar Ḥiyya, Rebbi Abbahu in the name of Rebbi Joḥanan: one may put it either in the airspace of a courtyard or the airspace of the alley.

HALAKHAH: Paragraph. The Mishnah: On the threshold it is permitted, but outside the threshold it is forbidden. Explain it that he was sitting there reading when it still was daytime, or he forgot and took it out. Before it reaches ten hand-breadths he rolls it back to himself. After it reaches ten hand-breadths it is forbidden. Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: It is Rebbi Jehudah’s who said that it is forbidden to use the airspace within ten hand-breadths.

“Rebbi Jehudah says, even if it is removed from the ground only a thread’s width he rolls it back to himself..” The argument of Rebbi Jehudah is inverted. There he says, it is forbidden to use the airspace within ten hand-breadths; and here he says so? Rebbi Joḥanan said, here there is no Rebbi Jehudah, only Rebbi Meïr, the words of the Sages. Rebbi Yose said in the name of Rebbi Joḥanan: Not only a scroll but even a belt.

If one inserted a stick, surrounded it by a partition, and threw into it from the public domain. Rebbi Isaac ben Eleazar says, a case in dispute. Rebbi Yudan objected: But did we not state: “If she was standing on the top of her roof and he threw it to her, as soon as it reached the roof’s airspace she is divorced.” Rebbi Eleazar said, the Mishnah speaks about a roof with a parapet, after it descended into the airspace of the parapet. If there is no parapet, only if it descended into three [hand-breadths] close to the roof since any three [hand-breadths] close to the roof are like the roof.

If one inserted a stick, surrounded it by a partition, and threw into it from the public domain. Rebbi Isaac ben Eleazar says, a case in dispute. Rebbi Yudan objected: But did we not state: “If she was standing on the top of her roof and he threw it to her, as soon as it reached the roof’s airspace she is divorced.” Rebbi Eleazar said, the Mishnah speaks about a roof with a parapet, after it descended into the airspace of the parapet. If there is no parapet, only if it descended into three [hand-breadths] close to the roof since any three [hand-breadths] close to the roof are like the roof.

We find that Rebbi Ismael ben Rebbi Yose disagrees with his father since Rebbi Simon said in the name of Hilfai: Rebbi, Rebbi Ismael ben Rebbi Yose and Ben Qappara voted on the airspace of Ascalon and declared it pure from the testimony of Rebbi Phineas ben Yaïr who said, we were descending to the Saracen [market] at Ascalon where we bought wheat, returned to our town, immersed ourselves and ate our heave. The next day they wanted to vote to free it from tithes but Rebbi Ismael ben Rebbi Yose removed his hand. He was leaning on Ben Qappara. He said to him, my son, why did you not say to me: did you not remove your hand? I would have told you that yesterday I was he who declared it impure, I am he who declared it pure. But now I am saying, maybe it was conquered within the meaning of the Torah, how can I free it from the meaning of the Torah? When is it impure because of territory of Gentiles? But we found that he stated in the name of his father that they accepted tithes voluntarily! And he said, it is correct that if tithes are from their words and the food of the daughters is of their words that their words may uproot their words.

MISHNAH: The same applies for preliminary marriages and for [liquidation of] debts. If he said to him, throw to me what you owe me and he threw it close to the lender, the borrower is acquitted, close to the borrower, the borrower remains obligated, in the middle both of them must share it. If she was standing on top of her roof and he threw it to her, as soon as it reached the roof’s airspace she is divorced. If he was on top and she below, once it left the domain of the roof she is divorced even if it was blotted out or burned.

“Rebbi Abbahu said in the name of Rebbi Simeon ben Laqish: He who sells the tithes of his field to another person did not do anything; the future children of his slave girl to another person, he did not do anything; the fetus of his animal to another person, he did not do anything; the airspace of his dry land to another person, he did not do anything. But he may sell him a field and reserve the tithes for himself; a slave girl and reserve her children for himself; an animal and reserve her fetus for himself. Is it not impossible for a person to sell the airspace of his dry land to another person? Explain it if he tells him, tear out some grasses from that dry land to acquire its airspace. And here there is real estate before him and he says, pluck something from the ground so that one tenth of it be acquired by you.

“Rebbi Abbahu said in the name of Rebbi Simeon ben Laqish: He who sells the tithes of his field to another person did not do anything; the future children of his slave girl to another person, he did not do anything; the fetus of his animal to another person, he did not do anything; the airspace of his dry land to another person, he did not do anything. But he may sell him a field and reserve the tithes for himself; a slave girl and reserve her children for himself; an animal and reserve her fetus for himself. Is it not impossible for a person to sell the airspace of his dry land to another person? Explain it if he tells him, tear out some grasses from that dry land to acquire its airspace. And here there is real estate before him and he says, pluck something from the ground so that one tenth of it be acquired by you.

“Rebbi Abbahu said in the name of Rebbi Simeon ben Laqish: He who sells the tithes of his field to another person did not do anything; the future children of his slave girl to another person, he did not do anything; the fetus of his animal to another person, he did not do anything; the airspace of his dry land to another person, he did not do anything. But he may sell him a field and reserve the tithes for himself; a slave girl and reserve her children for himself; an animal and reserve her fetus for himself. Is it not impossible for a person to sell the airspace of his dry land to another person? Explain it if he tells him, tear out some grasses from that dry land to acquire its airspace. And here there is real estate before him and he says, pluck something from the ground so that one tenth of it be acquired by you.

Rav Ḥisda said, “draw this animal close to you in order to take possession,” he took possession. “To take possession of its offspring,” he did [not] take possession. “To take possession of it together with its offspring,” he did (not) take possession. Rebbi Nasa said, that is, if it was not pregnant. But if it was pregnant, they treated [the fetus] as one of its limbs, as we did state: He who sells the fetus of his animal to another person did not do anything; the future children of his slave girl to another person, he did not do anything; the tithes of his field to another person, he did not do anything; the airspace of his dry land to another person, he did not do anything. But he may sell him an animal and reserve her fetus for himself, sell him a slave girl and reserve her children for himself, sell him a field and reserve the tithes for himself, sell him dry land and reserve the airspace for himself.

Rav Ḥisda said, “draw this animal close to you in order to take possession,” he took possession. “To take possession of its offspring,” he did [not] take possession. “To take possession of it together with its offspring,” he did (not) take possession. Rebbi Nasa said, that is, if it was not pregnant. But if it was pregnant, they treated [the fetus] as one of its limbs, as we did state: He who sells the fetus of his animal to another person did not do anything; the future children of his slave girl to another person, he did not do anything; the tithes of his field to another person, he did not do anything; the airspace of his dry land to another person, he did not do anything. But he may sell him an animal and reserve her fetus for himself, sell him a slave girl and reserve her children for himself, sell him a field and reserve the tithes for himself, sell him dry land and reserve the airspace for himself.

MISHNAH: He who sells a courtyard sold houses, cisterns, ditches, and caves but nothing movable. But if he said to him, “it and all it contains,” all is sold. In neither case did he sell the bath house or the olive press standing in it. Rebbi Eliezer says, he who sells a courtyard only sold its airspace.

HALAKHAH: “He who sells a courtyard,” etc. Rebbi Isaac asked: According to the rabbis, he who sells a courtyard without specifications sold houses, cisterns, ditches, and caves but nothing movable. Or maybe he also sold movables? Rebbi Isaac asked: According to Rebbi Eliezer, he who sells a courtyard without specifications only sold the airspace. But if he said, “it and all it contains,” he sold houses, cisterns, ditches, and caves but nothing movable. Or maybe he also sold movables? Rebbi Joḥanan said, the following I brought from the House of Levi: “If there were (courtyards) [stores] open to the inside, they are sold; to the outside, they are not sold; to the inside and the outside, they are all sold.”