chickens

O Jerusalem, Jerusalem, thou that killest the prophets, and stonest them which are sent unto thee, how often would I have gathered thy children together, even as a hen gathereth her chickens under her wings, and ye would not!

I gathered you together, as a hen gathereth her chickens under her wings: but now, what shall I do unto you? I will cast you out from my face.

But probably to this you will say, Why then is the “History” not in their Daniel, if, as you say, their wise men hand down by tradition such stories? The answer is, that they hid from the knowledge of the people as many of the passages which contained any scandal against the elders, rulers, and judges, as they could, some of which have been preserved in uncanonical writings (Apocrypha). As an example, take the story told about Esaias, and guaranteed by the Epistle to the Hebrews, which is found in none of their public books. For the author of the Epistle to the Hebrews, in speaking of the prophets, and what they suffered, says, “They were stoned, they were sawn asunder, they were slain with the sword.” To whom, I ask, does the “sawn asunder” refer (for by an old idiom, not peculiar to Hebrew, but found also in Greek, this is said in the plural, although it refers to but one person)? Now we know very well that tradition says that Esaias the prophet was sawn asunder; and this is found in some apocryphal work, which probably the Jews have purposely tampered with, introducing some phrases manifestly incorrect, that discredit might be thrown on the whole. However, some one hard pressed by this argument may have recourse to the opinion of those who reject this epistle as not being Paul’s; against whom I must at some other time use other arguments to prove that it is Paul’s. At present I shall adduce from the Gospel what Jesus Christ testifies concerning the prophets, together with a story which He refers to, but which is not found in the Old Testament, since in it also there is a scandal against unjust judges in Israel. The words of our Saviour run thus: “Woe unto you, scribes and Pharisees, hypocrites! because ye build the tombs of the prophets, and garnish the sepulchres of the righteous, and say, If we had been in the days of our fathers, we would not have been partakers with them in the blood of the prophets. Wherefore ye be witnesses unto yourselves, that ye are the children of them which killed the prophets. Fill ye up then the measure of your fathers. Ye serpents, ye generation of vipers, how can ye escape the damnation of Gehenna? Wherefore, behold, I send unto you prophets, and wise men, and scribes; and some of them ye shall kill and crucify; and some of them shall ye scourge in your synagogues, and persecute them from city to city: that upon you may come all the righteous blood shed upon the earth, from the blood of righteous Abel unto the blood of Zacharias, son of Barachias, whom ye slew between the temple and the altar. Verily I say unto you, All these things shall come upon this generation.” And what follows is of the same tenor: “O Jerusalem, Jerusalem, thou that killest the prophets, and stonest them which are sent unto thee, how often would I have gathered thy children together, even as a hen gathereth her chickens under her wings, and ye would not! Behold, your house is left unto you desolate.” Let us see now if in these cases we are not forced to the conclusion, that while the Saviour gives a true account of them, none of the Scriptures which could prove what He tells are to be found. For they who build the tombs of the prophets and garnish the sepulchres of the righteous, condemning the crimes their fathers committed against the righteous and the prophets, say, “If we had been in the days of our fathers, we would not have been partakers with them in the blood of the prophets.” In the blood of what prophets, can any one tell me? For where do we find anything like this written of Esaias, or Jeremias, or any of the twelve, or Daniel? Then about Zacharias the son of Barachias, who was slain between the temple and the altar, we learn from Jesus only, not knowing it otherwise from any Scripture. Wherefore I think no other supposition is possible, than that they who had the reputation of wisdom, and the rulers and elders, took away from the people every passage which might bring them into discredit among the people. We need not wonder, then, if this history of the evil device of the licentious elders against Susanna is true, but was concealed and removed from the Scriptures by men themselves not very far removed from the counsel of these elders. In the Acts of the Apostles also, Stephen, in his other testimony, says, “Which of the prophets have not your fathers persecuted? And they have slain them which showed before of the coming of the Just One; of whom ye have been now the betrayers and murderers.” That Stephen speaks the truth, every one will admit who receives the Acts of the Apostles; but it is impossible to show from the extant books of the Old Testament how with any justice he throws the blame of having persecuted and slain the prophets on the fathers of those who believed not in Christ. And Paul, in the first Epistle to the Thessalonians, testifies this concerning the Jews: “For ye, brethren, became followers of the churches of God which in Judea are in Christ Jesus: for ye also have suffered like things of your own countrymen, even as they have of the Jews; who both killed the Lord Jesus and their own prophets, and have persecuted us; and they please not God, and are contrary to all men.” What I have said is, I think, sufficient to prove that it would be nothing wonderful if this history were true, and the licentious and cruel attack was actually made on Susanna by those who were at that time elders, and written down by the wisdom of the Spirit, but removed by these rulers of Sodom, as the Spirit would call them.

One may not stuff a camel [with food] nor cram [food into its mouth], but one may put food into its mouth. And one may not force feed calves, but one may put food into their mouth. And one may put food into one’s hands for chickens and one may put water into bran, but not mix it [into a mass]. And one may not put water in front of bees or in front of doves in a dove-cote, but one may put [water] in front of geese, chickens and Rhodesian doves.

One may not stuff a camel [with food] nor cram [food into its mouth], but one may put food into its mouth. And one may not force feed calves, but one may put food into their mouth. And one may put food into one’s hands for chickens and one may put water into bran, but not mix it [into a mass]. And one may not put water in front of bees or in front of doves in a dove-cote, but one may put [water] in front of geese, chickens and Rhodesian doves.

If joint owners [of a courtyard] made a vow not to benefit from one another, they may not enter the courtyard. Rabbi Eliezer ben Jacob says: This one enters his own property and this one enters his own property. And both are forbidden to set up a mill-stone or an oven or raise chickens. If [only] one was forbidden by vow to benefit from the other, he may not enter the court. Rabbi Eliezer ben Jacob says: He can say to the other, “I am entering into my own, and I am not entering into yours.’ They force the one who vowed to sell his share [of the courtyard].

How is the leg [of a beast] an attested danger to break [what it tramples upon] as it walks along? A beast is an attested danger [only] in so far as it goes along in its usual way and breaks [an object]. If it kicked, or if small stones were tossed out from beneath its feet and it thus broke other vessels, one pays half damages. If it trampled upon a vessel and broke it, and this [broken vessel] fell upon another vessel and broke it, for the first one pays full damages and for the other half damages. Fowls (chickens and roosters) are an attested danger in so far as they go along in their usual way and break [objects]. But if the fowl had its feet entangled, or if it was jumping and it thereby broke any vessel one pays half damages.

Rebbi Jacob bar Abun said: This immersion has only been enacted so that Jews should not be like chickens, that one would have sex: mount, descend, and eat.

Rebbi Yose bar Ḥanina said: One removes himself four cubits from animal dung. Rebbi Samuel bar Rav Isaac said, if it is soft, but only from donkeys. Rebbi Ḥiyya bar Abba said, if it arrived from a trip. Levi said, one removes himself four cubits from the excrement of a pig. And it was stated: One removes himself four cubits from the excrement of a pig, four cubits from the excrement of a marten, four cubits from the excrement of chickens. Rebbi Yose ben Rebbi Abun in the name of Rav Huna: Only from red ones.

Some person might serve his father fattened meat and inherit hell. Some person might bind his father to the grindstone and inherit paradise. How does one serve his father fattened meat and inherit hell? A person used to serve his father fattened chickens. One day, his father said to him: My son, from where do you get the money for these? He said to him: Old man, old man, eat and shut up just as dogs eat and are silent. It turns out that he serves his father fattened meat and inherits hell. How does one bind his father to the grindstone and inherits paradise? A person was a miller at a grindstone; there came a requisition for millers. He said: Father, go and grind in my stead. If it should come to pass that someone is degraded, it is better that it should happen to me rather than to you. If it should come to pass that someone is beaten, it is better that it should happen to me rather than to you. It turns out that he binds his father to the grindstone and inherits paradise.

MISHNAH: Heave vetch may be fed to domestic animals, wild animals, and chickens. An Israel who rented a cow from a Cohen feeds it heave vetch. A Cohen who rented a cow from an Israel may not feed it heave vetch even if he is required to feed it. An Israel who received a cow from a Cohen by appraisal may not feed it heave vetch. A Cohen who received a cow from an Israel by appraisal may feed it heave vetch. One lights “oil to burn” in synagogues, houses of study, dark passageways, and near the sick with permission of the Cohen. If the daughter of an Israel married to a Cohen is used to visit her father, her father puts up lights with her permission. One puts up lights at a wedding but not in a house of mourning, the words of Rebbi Jehudah; Rebbi Yose says, in a house of mourning but not at a wedding. Rebbi Meïr forbids in both cases, Rebbi Simeon permits in both cases.

MISHNAH: Which courtyard is obligated for tithes? Rebbi Ismael says, a Tyrian courtyard in which vessels are guarded. Rebbi Aqiba says, one where one person opens and another one locks it, is free. Rebbi Neḥemiah says, [a courtyard] where one is not ashamed to eat is obligated. Rebbi Yose says, one into which anybody may enter and nobody asks, what are you doing here, is free. Rebbi Jehudah says, if one courtyard is inside another, the inner one is obligated, the outer one is free. Roofs are exempt even if they are in an obligated courtyard. A porter’s lodge, a covered walkway, and a gallery are like the courtyard: obligated if the latter is obligated and free if the latter is free. Sheds, watchtowers, and summer shelters are free. Genezareth huts even though they contain a hand mill or chickens are free. Potter’s huts, the inner one is obligated, the outer one free. Rebbi Yose says, any which is not a dwelling in summer and winter is free. A holiday hut on the holiday Rebbi Jehudah obligates but the Sages free.

MISHNAH: One does not stuff a camel, nor force-feed, but puts food in its mouth. One does not stuff calves but gives food into their mouths. One hand-feeds chickens and adds water to bran but does not give water to bees and pigeons of the dovecote, but gives to geese and chicken and for Herodes pigeons.

Others say in the name of Rebbi Eliezer: It may be eaten together with its mother. [What means, “it may be eaten together with its mother”?] If its mother was prepared for slaughter. But are not all chickens prepared for slaughter? Rebbi Abba said, it may be eaten based on its mother’s preparation.

HALAKHAH: It is difficult for the House of Shammai. A large thigh one is permitted to send, a small kid goat one is not permitted to send. Rebbi Yudan said, it only is understood if he carries it. But if he draws it and it walks, what is the difference if he draws it to deliver it or he draws it to let it drink? The Great Rebbi Hoshaia asked Rebbi Jehudah the Prince, did you hear from your father whether one is permitted to move a chicken? Certainly if it was ready for slaughter it is permitted, otherwise it is forbidden. But are not all chickens ready for slaughter? The question is, maybe even if it is not ready. He told him in a whisper. He asked him, why are you telling me in a whisper? He said to him, just I heard it in a whisper, so I am telling you in a whisper.

What are palisades? Rebbi Abba in the name of Rav Ḥiyya bar Ashi: For examples if bells, chains, and ropes, and geese, and chickens and machinery surround the town. And Rebbi Abba in the name of Rav Ḥama bar Ashi said, it happened that a blind woman was able to flee from there. If there was one breach, it saves all. If there were hiding places, it is questionable. Rebbi Ze‘ira, Rebbi Abba bar Zavda, Rebbi Isaac bar Ḥaqula, in the name of Rebbi Yudan the prince: Only if there were palisades of that government. But palisades from another government are like robbers.

Rebbi Hillel bar Pazi asked before Rebbi Yose: If he sold and then she died? He said to him, his sale is invalid; it is as if a son sold during his father’s lifetime and then the father died. If she sold and then he died? He said to him, her sale is valid; it is as if a father sold during his son’s lifetime and then the son died. Rebbi Ḥiyya bar Marius asked before Rebbi Jonah: What is the situation if she sold to her husband? He said, since Ḥizqiah said, practice follows Rebbi Judah, this implies that her sale is a sale. It was stated: “If somebody says, my property should be given to X, if X died to Y, [if Y died to Z]. If the first one died the properties should be given to the second, if the second died they should be given to the third. If the second one died during the first’s lifetime; since the second never acquired them, the third cannot acquire them.” He said to him, so did Rebbi Hoshaia, the father of the Mishnah, explain: After him to X, after him to Y; it is as if stated: if the third died during the second’s lifetime, since the second one did not acquire his heirs cannot acquire, one really could say: After him to X, after him to Y. It was stated: “Rebbi says, the first one may sell the real estate and buy movables. Rabban Simeon ben Gamliel says, he has only the usufruct.” Ḥizqiah said, practice follows Rebbi. Rebbi Mana said, since Ḥizqiah said, practice follows Rebbi, that implies that he cannot dispose of it by a death-bed will. So said Rebbi Mana before Rebbi Yose: Since this woman’s upkeep is her husband’s responsibility, is it not like a gift of sick persons? He said to him, her upkeep is what is necessary for her: food, oil, and salt. But she wants to sell and buy chickens. This means that if the first one wanted to sell and buy chickens, he may sell. Rebbi Jacob bar Aḥa said, her burial is equal to her upkeep. Since you said there, he may sell real estate and buy food, so he may sell real estate and buy a burial.

Rebbi Hillel bar Pazi asked before Rebbi Yose: If he sold and then she died? He said to him, his sale is invalid; it is as if a son sold during his father’s lifetime and then the father died. If she sold and then he died? He said to him, her sale is valid; it is as if a father sold during his son’s lifetime and then the son died. Rebbi Ḥiyya bar Marius asked before Rebbi Jonah: What is the situation if she sold to her husband? He said, since Ḥizqiah said, practice follows Rebbi Judah, this implies that her sale is a sale. It was stated: “If somebody says, my property should be given to X, if X died to Y, [if Y died to Z]. If the first one died the properties should be given to the second, if the second died they should be given to the third. If the second one died during the first’s lifetime; since the second never acquired them, the third cannot acquire them.” He said to him, so did Rebbi Hoshaia, the father of the Mishnah, explain: After him to X, after him to Y; it is as if stated: if the third died during the second’s lifetime, since the second one did not acquire his heirs cannot acquire, one really could say: After him to X, after him to Y. It was stated: “Rebbi says, the first one may sell the real estate and buy movables. Rabban Simeon ben Gamliel says, he has only the usufruct.” Ḥizqiah said, practice follows Rebbi. Rebbi Mana said, since Ḥizqiah said, practice follows Rebbi, that implies that he cannot dispose of it by a death-bed will. So said Rebbi Mana before Rebbi Yose: Since this woman’s upkeep is her husband’s responsibility, is it not like a gift of sick persons? He said to him, her upkeep is what is necessary for her: food, oil, and salt. But she wants to sell and buy chickens. This means that if the first one wanted to sell and buy chickens, he may sell. Rebbi Jacob bar Aḥa said, her burial is equal to her upkeep. Since you said there, he may sell real estate and buy food, so he may sell real estate and buy a burial.

MISHNAH: Partners who mutually made vows not to have usufruct from one another are forbidden to enter the courtyard. Rebbi Eliezer ben Jacob says, each one enters into what is his. Both are forbidden to put up there a grindstone or an oven, or to raise chickens there. If one of them made a vow not to have usufruct from the other, he cannot enter the courtyard. Rebbi Eliezer ben Jacob says, one can say to the other, I enter into my property, I do not enter into yours. One forces the one who made the vow to sell his part.

“Both are forbidden to put a grindstone or an oven up there, or to raise chickens there.” This is needed for Rebbi Eliezer ben Jacob, for what he states about “partners who mutually made vows not to have usufruct from one another.” Because they mutually made vows not to have usufruct from one another, does this imply that if they had not made vows not to have usufruct from one another, they would be presumed to concede one to the other? Rebbi Jeremiah said, partners have the custom to concede one to the other in these matters. There, we have stated: “The following establish presumption of ownership.” Rebbi Eleazar said, if somebody raises chickens in a courtyard in which he does not dwell, this establishes presumption of ownership. Rebbi Yose said, this is correct. As you look at it, if he had the right to raise them, he raised them. If he had no right to raise them, he established a presumption of ownership. Rebbi Joḥanan in the name of Rebbi Benaiah: Partners can veto any activity of the other party in a courtyard except for washing, for the honor of the daughters of Israel. Rebbi Mattaniah said, that is, at a place where women wash, but not at a place where men wash. And what you say except for washing in the courtyard [applies to] the entire courtyard except for the four cubits of that party where one cannot hinder anything. But if the place was at an incline, one can veto even within the four cubits of another party since one might say to him, you pour out and it flows down to my place. It was stated: The place of an oven or a hearth does not establish a presumption of ownership, but roofing of any size on top of them establishes a presumption of ownership. Rebbi Ze‘ira said, only if the wall is useful for the oven.

“Both are forbidden to put a grindstone or an oven up there, or to raise chickens there.” This is needed for Rebbi Eliezer ben Jacob, for what he states about “partners who mutually made vows not to have usufruct from one another.” Because they mutually made vows not to have usufruct from one another, does this imply that if they had not made vows not to have usufruct from one another, they would be presumed to concede one to the other? Rebbi Jeremiah said, partners have the custom to concede one to the other in these matters. There, we have stated: “The following establish presumption of ownership.” Rebbi Eleazar said, if somebody raises chickens in a courtyard in which he does not dwell, this establishes presumption of ownership. Rebbi Yose said, this is correct. As you look at it, if he had the right to raise them, he raised them. If he had no right to raise them, he established a presumption of ownership. Rebbi Joḥanan in the name of Rebbi Benaiah: Partners can veto any activity of the other party in a courtyard except for washing, for the honor of the daughters of Israel. Rebbi Mattaniah said, that is, at a place where women wash, but not at a place where men wash. And what you say except for washing in the courtyard [applies to] the entire courtyard except for the four cubits of that party where one cannot hinder anything. But if the place was at an incline, one can veto even within the four cubits of another party since one might say to him, you pour out and it flows down to my place. It was stated: The place of an oven or a hearth does not establish a presumption of ownership, but roofing of any size on top of them establishes a presumption of ownership. Rebbi Ze‘ira said, only if the wall is useful for the oven.

HALAKHAH: “Rebbi Eleazar ben Azariah said three things before the Sages in the vineyard at Jabne: About [people in] a city which was surrounded by palisades.”What are palisades? Rebbi Abba in the name of Rav Ḥiyya bar Ashi: For example if bells, chains, and dogs, and geese, and chickens, and soldiers surround the town. And Rebbi Abba in the name of Rav Ḥiyya bar Ashi said, it happened that a blind woman was able to flee from there. If there was one breach, it saved all. If there were hiding places, it is questionable. Rebbi Ze‘ira, Rebbi Abba bar Zavda, Rebbi Isaac bar Ḥaqula, in the name of Rebbi Yudan the Prince: Only if there were palisades of that government. But palisades from another government are like robbers.

Some person might serve his father fattened meat and inherit hell. Some person might bind his father to the grindstone and inherit paradise. How does one serve his father fattened meat and inherit hell? A person used to serve his father fattened chickens. One day, his father said to him: My son, from where do you get the money for these? He said to him: Old man, old man, eat and shut up just as dogs eat and are silent. It turns out that he serves his father fattened meat and inherits hell. How does one bind his father to the grindstone and inherits paradise? A person was a miller at a grindstone; there came a requisition for millers. He said: Father, go and grind in my stead. If it should come to pass that anyone be degraded, it is better that it should happen to me rather than to you. If it should come to pass that anyone be beaten, it is better that it should happen to me rather than to you. It turns out that he binds his father to the grindstone and inherits paradise.

MISHNAH: Chickens are notorious for breaking things in their usual walk. If a thread was bound to its foot or it was scraping and broke vessels, he pays half damages.

HALAKHAH: “Chickens are notorious,” etc. Rav Huna said, if it became tied by itself. But if he tied it, he pays full damages. It was stated: “If chickens scraped dough or fruit, or they pecked, he pays full damages. If they scraped dust on dough or on fruit, one pays half of the damages. If they were picking at a rope and the pail was separated or broke, he pays full damages. If one fell on another; for the uppermost he pays full damages; for the lower one half damages; it is not comparable to a pit at one place which causes damage at another place.” Rebbi Yose ben Rebbi Abun said, since it usually falls only into this cistern, it is as if it were his pit. It was stated: “If chickens fell in a garden, broke vegetables, and cut rosemary, he pays full damages. Symmachos said, for cutting he pays full damages, for breaking he pays half damages. If a chicken flew from one place to another and did damage with its body, he pays full damages. By the wind between its wings, he pays half damages; Symmachos says, full damages. If it blew at vessels and broke them, he pays full damages.

HALAKHAH: “Chickens are notorious,” etc. Rav Huna said, if it became tied by itself. But if he tied it, he pays full damages. It was stated: “If chickens scraped dough or fruit, or they pecked, he pays full damages. If they scraped dust on dough or on fruit, one pays half of the damages. If they were picking at a rope and the pail was separated or broke, he pays full damages. If one fell on another; for the uppermost he pays full damages; for the lower one half damages; it is not comparable to a pit at one place which causes damage at another place.” Rebbi Yose ben Rebbi Abun said, since it usually falls only into this cistern, it is as if it were his pit. It was stated: “If chickens fell in a garden, broke vegetables, and cut rosemary, he pays full damages. Symmachos said, for cutting he pays full damages, for breaking he pays half damages. If a chicken flew from one place to another and did damage with its body, he pays full damages. By the wind between its wings, he pays half damages; Symmachos says, full damages. If it blew at vessels and broke them, he pays full damages.

HALAKHAH: “Chickens are notorious,” etc. Rav Huna said, if it became tied by itself. But if he tied it, he pays full damages. It was stated: “If chickens scraped dough or fruit, or they pecked, he pays full damages. If they scraped dust on dough or on fruit, one pays half of the damages. If they were picking at a rope and the pail was separated or broke, he pays full damages. If one fell on another; for the uppermost he pays full damages; for the lower one half damages; it is not comparable to a pit at one place which causes damage at another place.” Rebbi Yose ben Rebbi Abun said, since it usually falls only into this cistern, it is as if it were his pit. It was stated: “If chickens fell in a garden, broke vegetables, and cut rosemary, he pays full damages. Symmachos said, for cutting he pays full damages, for breaking he pays half damages. If a chicken flew from one place to another and did damage with its body, he pays full damages. By the wind between its wings, he pays half damages; Symmachos says, full damages. If it blew at vessels and broke them, he pays full damages.

MISHNAH: One does not raise sheep and goats in the Land of Israel but one raises them in Syria and in the non-arable tracts in the Land of Israel. One does not raise chickens in Jerusalem because of the sacrifices, nor may Cohanim in the Land of Israel do so because of purities. A Jew may not raise pigs, and a person should not raise a dog unless it is tied by a chain. One does not set traps for pigeons unless thirty stadia distant from any settlement.

It was stated: “One does not raise chickens in Jerusalem because of the sacrifices, nor may Cohanim in the Land of Israel because of purities.” I could think also in Jerusalem in this way, but it might follow what Rebbi Joshua ben Levi said, “Jerusalem the built-up” etc., the city which joins Israel one to the other.

MISHNAH: One does not buy wool, or milk, or lambs from shepherds, nor wood or fruits from orchard watchmen; but one may buy linen garments from women in Galilee, and calves in the Sharon. In all cases it is forbidden if they told to hide. One buys eggs and chickens everywhere.

HALAKHAH: “Anything which works and eats,” etc. It was stated: There should not be given food in the value of a calf to calves, a foal to foals, or a chicken to chickens. It happened that a man found five calves; he was selling and feeding until only one was left. Rav Jehudah in the name of Rav: Practice follows Rebbi Tarphon about objects with distinguishing marks. Rebbi Abba and Rav Jehudah in the name of Rav: It happened that Rebbi instructed following Rebbi Tarphon in a case about objects with distinguishing marks. Rav Jehudah said, a scholar does not have to indicate a distinguishing mark. Rav Huna said, everybody agrees that if it was a bundle of coins he may not touch them.

MISHNAH: One does not hire a shop clerk for half the gain; one does not give him money to buy produce for half the gain unless one pays him wages as an unemployed worker. One does not give chickens to breed for half, nor does one hand over calves and foals for care for half the risk unless one pays for his work and food. But one takes in calves and foals for half and grows them until they are one-third grown, and a donkey until it becomes a beast of burden.

MISHNAH: The following count for a claim of undisturbed possession and the following do not count for a claim of undisturbed possession. If one put his animals into a courtyard, an oven, a cooking stove, or a grindstone, or raises chickens, or puts his manure in a courtyard, it does not count for a claim of undisturbed possession. But if he made for his animals an enclosure ten [handbreadths] high, or did it for an oven, a cooking stove, or a grindstone, brought chickens into the house, or made a place for his manure three [handbreadths] low or three high: this counts for a claim of undisturbed possession.

MISHNAH: The following count for a claim of undisturbed possession and the following do not count for a claim of undisturbed possession. If one put his animals into a courtyard, an oven, a cooking stove, or a grindstone, or raises chickens, or puts his manure in a courtyard, it does not count for a claim of undisturbed possession. But if he made for his animals an enclosure ten [handbreadths] high, or did it for an oven, a cooking stove, or a grindstone, brought chickens into the house, or made a place for his manure three [handbreadths] low or three high: this counts for a claim of undisturbed possession.

HALAKHAH: “The following count for a claim of undisturbed possession,” etc. Rebbi Eleazar said, co-owners usually permit chickens to one another. Rebbi Yose said, a Mishnah says otherwise: “Both of them are forbidden to put up there a grindstone or an oven, or to raise chickens there.” Rebbi Eleazar said, if somebody raised chickens in a courtyard which is not his, it is taking in possession. Rebbi Yose said, this is correct. As you take it, if he has permission to raise chickens there, he raises them. If he does not have permission to raise, it would be legally taking in possession.

HALAKHAH: “The following count for a claim of undisturbed possession,” etc. Rebbi Eleazar said, co-owners usually permit chickens to one another. Rebbi Yose said, a Mishnah says otherwise: “Both of them are forbidden to put up there a grindstone or an oven, or to raise chickens there.” Rebbi Eleazar said, if somebody raised chickens in a courtyard which is not his, it is taking in possession. Rebbi Yose said, this is correct. As you take it, if he has permission to raise chickens there, he raises them. If he does not have permission to raise, it would be legally taking in possession.

HALAKHAH: “The following count for a claim of undisturbed possession,” etc. Rebbi Eleazar said, co-owners usually permit chickens to one another. Rebbi Yose said, a Mishnah says otherwise: “Both of them are forbidden to put up there a grindstone or an oven, or to raise chickens there.” Rebbi Eleazar said, if somebody raised chickens in a courtyard which is not his, it is taking in possession. Rebbi Yose said, this is correct. As you take it, if he has permission to raise chickens there, he raises them. If he does not have permission to raise, it would be legally taking in possession.

HALAKHAH: “The following count for a claim of undisturbed possession,” etc. Rebbi Eleazar said, co-owners usually permit chickens to one another. Rebbi Yose said, a Mishnah says otherwise: “Both of them are forbidden to put up there a grindstone or an oven, or to raise chickens there.” Rebbi Eleazar said, if somebody raised chickens in a courtyard which is not his, it is taking in possession. Rebbi Yose said, this is correct. As you take it, if he has permission to raise chickens there, he raises them. If he does not have permission to raise, it would be legally taking in possession.

MISHNAH: The following are forbidden to be sold to them: Pine cones, and white figs with their stalks, and incense, and white cocks. Rebbi Jehudah says, it is permitted to sell a white cock among chickens; when it is alone he cuts one claw and sells it since one does not sacrifice defective ones in pagan worship. All other things are permitted if unspecified but forbidden if specified. Rebbi Meïr says, it is also forbidden to sell good dates, and curved dates, and Nicolaos dates to Gentiles.

We have stated, “a white cock.” Rebbi Ḥiyya stated unspecified “a cock.” Our Mishnah needs the baraita of Rebbi Ḥiyya and the baraita of Rebbi Ḥiyya needs our Mishnah. If we had stated but Rebbi Ḥiyya had not stated, we would have said, only a white cock but an unspecified cock would be permitted even alone. Therefore the baraita of Rebbi Ḥiyya is needed. Or if Rebbi Ḥiyya had stated but we had not stated, we would have said, this is only for an unspecified cock, but a white cock even among chickens is forbidden. Therefore our Mishnah is necessary and the baraita of Rebbi Ḥiyya is necessary. “A chicken to sell,” one may sell him a white cock. “A white cock to sell,” we say by itself it is forbidden, among chickens it is permitted. Rebbi Abun bar Ḥiyya asked: If one saw chickens grazing on a garbage heap and a white cock among them and said, whose is it? Is it as if he specified?

We have stated, “a white cock.” Rebbi Ḥiyya stated unspecified “a cock.” Our Mishnah needs the baraita of Rebbi Ḥiyya and the baraita of Rebbi Ḥiyya needs our Mishnah. If we had stated but Rebbi Ḥiyya had not stated, we would have said, only a white cock but an unspecified cock would be permitted even alone. Therefore the baraita of Rebbi Ḥiyya is needed. Or if Rebbi Ḥiyya had stated but we had not stated, we would have said, this is only for an unspecified cock, but a white cock even among chickens is forbidden. Therefore our Mishnah is necessary and the baraita of Rebbi Ḥiyya is necessary. “A chicken to sell,” one may sell him a white cock. “A white cock to sell,” we say by itself it is forbidden, among chickens it is permitted. Rebbi Abun bar Ḥiyya asked: If one saw chickens grazing on a garbage heap and a white cock among them and said, whose is it? Is it as if he specified?

We have stated, “a white cock.” Rebbi Ḥiyya stated unspecified “a cock.” Our Mishnah needs the baraita of Rebbi Ḥiyya and the baraita of Rebbi Ḥiyya needs our Mishnah. If we had stated but Rebbi Ḥiyya had not stated, we would have said, only a white cock but an unspecified cock would be permitted even alone. Therefore the baraita of Rebbi Ḥiyya is needed. Or if Rebbi Ḥiyya had stated but we had not stated, we would have said, this is only for an unspecified cock, but a white cock even among chickens is forbidden. Therefore our Mishnah is necessary and the baraita of Rebbi Ḥiyya is necessary. “A chicken to sell,” one may sell him a white cock. “A white cock to sell,” we say by itself it is forbidden, among chickens it is permitted. Rebbi Abun bar Ḥiyya asked: If one saw chickens grazing on a garbage heap and a white cock among them and said, whose is it? Is it as if he specified?

Our Rabbis have taught: When the first Temple was destroyed, groups of young priests assembled and, holding the keys of the Temple court in their hands, went up to the roof of the Temple and said: Master of the world! Since we have not been considered worthy of being Thy treasurers, we hand over the keys to Thee. So saying, they threw the keys towards heaven, and something like a hand appeared and received the keys from them, whereupon they threw themselves down into the fire beneath. In allusion to them Isaiah laments (Is., 22. 1-2): "The burden concerning the valley of vision. What aileth thee now, that thou art wholly gone up to the housetops, thou that art full of uproar, a tumultuous city, a joyous town? Thy slain are not slain with the sword, nor dead in battle." And even the Holy One, blessed be He, cried over them like a hen that clucks for her chickens, for it is said (ib., 22. 5): "Kir shouting and crying at the mount."