cistern

“ If he had to give heave for four or five amphoras in a cistern, he lifts the first one to the mouth of the cistern and says, this is heave. The same for the second and third, the words of Rabban Simeon ben Gamliel. Rebbi says, he lifts all of them to the mouth of the cistern and says, this is heave.” They wanted to say, for him who says he lifts the first one to the mouth of the cistern, ṭevel disappears in a plurality but for him who says he lifts all of them to the mouth of the cistern, ṭevel does not disappear in a plurality. Rebbi Abbahu in the name of Rebbi Joḥanan: They differ about earmarking. For him who says he lifts all of them to the mouth of the cistern, he has to give from what is earmarked but for him who says he lifts the first one to the mouth of the cistern he does not have to give from what is earmarked. Rebbi Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan switches: For him who says he lifts the first one to the mouth of the cistern, he has to give from what is earmarked but for him who says he lifts all of them to the mouth of the cistern he does not have to give from what is earmarked. Rebbi Zeïra said to him, is it not united by sinews?

“ If he had to give heave for four or five amphoras in a cistern, he lifts the first one to the mouth of the cistern and says, this is heave. The same for the second and third, the words of Rabban Simeon ben Gamliel. Rebbi says, he lifts all of them to the mouth of the cistern and says, this is heave.” They wanted to say, for him who says he lifts the first one to the mouth of the cistern, ṭevel disappears in a plurality but for him who says he lifts all of them to the mouth of the cistern, ṭevel does not disappear in a plurality. Rebbi Abbahu in the name of Rebbi Joḥanan: They differ about earmarking. For him who says he lifts all of them to the mouth of the cistern, he has to give from what is earmarked but for him who says he lifts the first one to the mouth of the cistern he does not have to give from what is earmarked. Rebbi Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan switches: For him who says he lifts the first one to the mouth of the cistern, he has to give from what is earmarked but for him who says he lifts all of them to the mouth of the cistern he does not have to give from what is earmarked. Rebbi Zeïra said to him, is it not united by sinews?

“ If he had to give heave for four or five amphoras in a cistern, he lifts the first one to the mouth of the cistern and says, this is heave. The same for the second and third, the words of Rabban Simeon ben Gamliel. Rebbi says, he lifts all of them to the mouth of the cistern and says, this is heave.” They wanted to say, for him who says he lifts the first one to the mouth of the cistern, ṭevel disappears in a plurality but for him who says he lifts all of them to the mouth of the cistern, ṭevel does not disappear in a plurality. Rebbi Abbahu in the name of Rebbi Joḥanan: They differ about earmarking. For him who says he lifts all of them to the mouth of the cistern, he has to give from what is earmarked but for him who says he lifts the first one to the mouth of the cistern he does not have to give from what is earmarked. Rebbi Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan switches: For him who says he lifts the first one to the mouth of the cistern, he has to give from what is earmarked but for him who says he lifts all of them to the mouth of the cistern he does not have to give from what is earmarked. Rebbi Zeïra said to him, is it not united by sinews?

“ Everything that can be tasted is forbidden, whether it spoils or improves, the words of Rebbi Meïr. Rebbi Simeon says, if it improves it is forbidden, if it spoils it is permitted.” Rebbi Simeon ben Laqish said, in what do they disagree? If it first improved but then spoiled. But if it spoiled and later improved, even Rebbi Meïr will agree. Rebbi Joḥanan said, there is no difference whether it improved and spoiled or spoiled and improved, it is the disagreement. There, we have stated: “If barley grains fell into a cistern of water, even though they made it stink, the water is permitted.” What is the status of that Mishnah? Rebbi Joḥanan said it is a disagreement; Rebbi Simeon ben Laqish said it is the opinion of everybody. Rebbi Yose ben Rebbi Abun said this tradition here: Rebbi Joḥanan said it is a disagreement; Rebbi Simeon ben Laqish said it is the opinion of everybody.

HALAKHAH: There, we have stated: “Libation wine is forbidden and makes forbidden in the most minute amount.” Ḥizqiah said, if somebody mixed a cup from forbidden and from permitted [wine], if the forbidden fell in last it makes it forbidden, permitted at the end makes it permitted. Rebbi Samuel ben Rav Isaac said, this follows Rebbi Eliezer, as Rebbi Eliezer said, I am going after the last one. Rebbi Jeremiah said, this is a stringency about libation wine. Rebbi Yose asked, if it were a stringency about libation wine, even if the permitted fell in last it should be forbidden! Rebbi Assi in the name of Rebbi Joḥanan: If somebody mixed a cup from forbidden and from permitted [wine], one considers the permitted as nonexistent; if the forbidden does impart taste it is forbidden, otherwise permitted. Rebbi Hoshaia said, only if the permitted fell in last. Rebbi Ammi in the name of Rebbi Joḥanan, it does not make any difference whether the forbidden fell in first and the permitted last or the permitted first and the forbidden last, even water and wine, even if it was mixed perfectly from permitted, one considers the permitted as nonexistent; if the forbidden does impart taste it is forbidden, otherwise permitted. Rebbi Zeïra said, that which you say and everybody stated, how can this be? Rebbi Yose ben Rebbi Abun, Rebbi Abbahu in the name of Rebbi Joḥanan, if a flask of libation wine fell into an amphora of wine and then it fell into a water cistern, one considers the permitted as nonexistent; if it can be tasted it is forbidden, otherwise permitted.

Rebbi Ḥaggai said, when I descended from a ship I heard the voice of Rebbi Jacob stating: “Cloth dyed with ‘orlah shells should be burned.” But did we not state: “If one took from it {wood to make] a weaver’s shuttle, it is forbidden for usufruct. If he used it to weave cloth it is forbidden for usufruct. If libation wine fell into a cistern, all is forbidden for usufruct.” But did we not state: “Rabban Simeon ben Gamliel says, it should all be sold to a Gentile except for the value of the libation wine contained in it.” Rebbi Aḥa ben Jacob said, Ḥaggai raised the question, Rebbi Ḥaggai resolved it. What is it? There people do not buy wine from Gentiles; but here people do buy cloth from Gentiles.

It was stated: If he provined with permission, he brings and makes the declaration. Rebbi Yose in the name of Rebbi Ammi: Only if the permission was permanent, not temporary. Rebbi Jonah in the name of Rebbi Ammi: Even temporary. The force of Rebbi Jonah comes from the following: “If somebody digs a cistern, a ditch, or a cave, he may cut down as he works and the wood is his.” Is the wood not as if temporary? What does Rebbi Yose do with this? Roots always regrow; since roots do regrow it is as if permanent. Rebbi Mana said, the statement of Rebbi Joḥanan supports my father, as Rebbi Joḥanan said in all cases they judged by the rules of robbers. In our case, if he gave permission to provine even temporarily, the proviner is not a robber.

Mishnah: “nor immerse vessels.” Our Mishnah is about large vessels but for small vessels one may be cunning about them and immerse them. Rebbi Hoshaia stated, a person may fill an impure vessels from a cistern, be cunning about it and immerse it. It was stated: If his pail fell into a cistern, or his vessels fell into a cistern, he may be cunning about them and immerse them. Two Amoraim, one said, about vessels impure in original impurity; the other said, about vessels impure in derivative impurity. He who said in (original) impurity objected to the one who said in (derivative) impurity, even on a weekday it would require sundown? He answered him, if he wants to use them to eat profane food in purity.

Mishnah: “nor immerse vessels.” Our Mishnah is about large vessels but for small vessels one may be cunning about them and immerse them. Rebbi Hoshaia stated, a person may fill an impure vessels from a cistern, be cunning about it and immerse it. It was stated: If his pail fell into a cistern, or his vessels fell into a cistern, he may be cunning about them and immerse them. Two Amoraim, one said, about vessels impure in original impurity; the other said, about vessels impure in derivative impurity. He who said in (original) impurity objected to the one who said in (derivative) impurity, even on a weekday it would require sundown? He answered him, if he wants to use them to eat profane food in purity.

Mishnah: “nor immerse vessels.” Our Mishnah is about large vessels but for small vessels one may be cunning about them and immerse them. Rebbi Hoshaia stated, a person may fill an impure vessels from a cistern, be cunning about it and immerse it. It was stated: If his pail fell into a cistern, or his vessels fell into a cistern, he may be cunning about them and immerse them. Two Amoraim, one said, about vessels impure in original impurity; the other said, about vessels impure in derivative impurity. He who said in (original) impurity objected to the one who said in (derivative) impurity, even on a weekday it would require sundown? He answered him, if he wants to use them to eat profane food in purity.

MISHNAH: How is this? Two balconies one vis-a-vis the other in the public domain: one who hands over or throws from one to the other is not liable. If they both were on the same floor, the one who hands over is liable but the one who throws is not liable, for this was the service of the Levites. Two carts, one parallel to the other in the public domain: they used to hand over from one to the other but did not throw. The enclosure of a cistern or a rock high ten [hand-breadths] and wide four [hand-breadths]: one who takes from them or puts on them is liable, less than this he is not liable.

“The enclosure of a cistern or a rock high ten [hand-breadths] and wide four [hand-breadths].” Where do we hold? If ten high (and four wide, it is a domain by itself. Ten high) but not four wide, that is what Rav Ḥisda said in the name of Issi: If a stick stuck in the public domain ten hand-breadths high, it is permitted both ways; on condition that he not exchange. But we must deal with the case that it is neither four wide nor ten high. But did not Ḥiyya, the son of Rav, say, anything which hinders access in the public domain is called karmelit? Rebbi Yudan said, what Ḥiyya, the son of Rav, said refers to the middle, but on the side the public domain invalidates it.

MISHNAH: One may put food in a cistern for preservation, and potable water into bad one to cool, and cold water into hot to warm it. One whose garments became soaked on the road walks in them without worry. If he comes to an outer courtyard he puts them out to dry in the sun but not in public.

Rav Jeremiah in the name of Rav: They permitted planks for wells only for pilgrims. Rav Abin said, at the time of pilgrimage. Rebbi Jeremiah in the name of Rebbi Samuel bar Rav Isaac: Because of the pilgrims. Rebbi Ezra said before Rebbi Mana, the Mishnah implies that one makes planks for wells in the present time. But did we not state, “one fills from the cistern of the diaspora with a wheel on the Sabbath, from the large cistern, etc.” Why “may one fill from the cold well with a wheel on the holiday”? But at the time when Israel came from the diaspora and camped at this well, the prophets among them stipulated that that one could fill from the cold well with a wheel on the holiday. They did not permit all cold wells, only this well at which they camped. As you are saying there, what was permitted was permitted, and here what was permitted was permitted. Rebbi Eudaimon from Haifa instructed in Haifa, Rebbi Jeremiah instructed in Ḥelef about planks for wells in the present time.

Rav Jeremiah in the name of Rav: They permitted planks for wells only for pilgrims. Rav Abin said, at the time of pilgrimage. Rebbi Jeremiah in the name of Rebbi Samuel bar Rav Isaac: Because of the pilgrims. Rebbi Ezra said before Rebbi Mana, the Mishnah implies that one makes planks for wells in the present time. But did we not state, “one fills from the cistern of the diaspora with a wheel on the Sabbath, from the large cistern, etc.” Why “may one fill from the cold well with a wheel on the holiday”? But at the time when Israel came from the diaspora and camped at this well, the prophets among them stipulated that that one could fill from the cold well with a wheel on the holiday. They did not permit all cold wells, only this well at which they camped. As you are saying there, what was permitted was permitted, and here what was permitted was permitted. Rebbi Eudaimon from Haifa instructed in Haifa, Rebbi Jeremiah instructed in Ḥelef about planks for wells in the present time.

MISHNAH: If a public road interrupts them he should divert it around it, but the Sages say that this is unnecessary. One makes planks both for a public cistern, a public well, and a private well, but for a private cistern one makes a partition of ten hand-breadths, the words of Rebbi Aqiba. Rebbi Jehudah ben Bava said, one makes planks only for a public well; for everything else one makes a belt ten hand-breadths high.

MISHNAH: If a public road interrupts them he should divert it around it, but the Sages say that this is unnecessary. One makes planks both for a public cistern, a public well, and a private well, but for a private cistern one makes a partition of ten hand-breadths, the words of Rebbi Aqiba. Rebbi Jehudah ben Bava said, one makes planks only for a public well; for everything else one makes a belt ten hand-breadths high.

Paragraph. “Rebbi Jehudah says, if a public road interrupts them,” etc. What is the difference between a public cistern and a private cistern? A public cistern has publicity, a private cistern has no publicity. Then even for his well! But a public well can be expected to run dry, a private well is not expected to run dry.

Paragraph. “Rebbi Jehudah says, if a public road interrupts them,” etc. What is the difference between a public cistern and a private cistern? A public cistern has publicity, a private cistern has no publicity. Then even for his well! But a public well can be expected to run dry, a private well is not expected to run dry.

Paragraph. “Rebbi Jehudah says, if a public road interrupts them,” etc. What is the difference between a public cistern and a private cistern? A public cistern has publicity, a private cistern has no publicity. Then even for his well! But a public well can be expected to run dry, a private well is not expected to run dry.

Paragraph. “Rebbi Jehudah says, if a public road interrupts them,” etc. What is the difference between a public cistern and a private cistern? A public cistern has publicity, a private cistern has no publicity. Then even for his well! But a public well can be expected to run dry, a private well is not expected to run dry.

Rebbi Jacob bar Aḥa, Amram, Rav Jehudah in the name of Samuel: Practice follows Rebbi Jehudah ben Bava. Rebbi Jehudah the father of Rebbi Mattaniah said, the Mishnah says so, “one makes planks for wells,” not for cisterns. But did we not state, “but for a private cistern one makes a partition of ten hand-breadths, the words of Rebbi Aqiba”? But therefore we must deal with public cisterns, and similarly “one makes planks for wells,” for public wells.

MISHNAH: Rebbi Jehudah says, even if it only contains a cistern, or an irrigation ditch, or a cave, one carries in it. Rebbi Aqiba says, even if none of these is there one carries in it on condition that it be seventy cubits and a remainder by seventy cubits and a remainder.

HALAKHAH: Paragraph. “Rebbi Jehudah says, even if it only contains a cistern,” etc. It was stated, “Rebbi Eliezer says, if its length exceeds its width even by one cubit one may not carry there.” This disagrees with R. Jonathan. “Rebbi Yose says, even if its length is twice its width one carries in there,” this agrees with Rebbi Jonathan. We also have stated, “Kilaim in a quarter. Rebbi Yose says, even if its length is twice its width.”

MISHNAH: If he deposited it in a tree higher than ten hand-breadths it is not an eruv; below ten hand-breadths it is an eruv. If he put it in a cistern even 100 cubits deep it is an eruv. If he put it on top of a stick or a pole as long as it was uprooted and inserted it is an eruv even if 100 cubits high. If he put it into a tower it is an eruv even if the key was lost. Rebbi Eliezer said, if it is not known that the key is in its place it is no eruv.

It was stated: “A straw heap between two courtyards. Each one opens his door and feeds. If the straw was less than ten hand-breadths, both are forbidden until they make an eruv. Therefore if one of them wants to block his door and cede his rights, he is forbidden but his neighbor is permitted.” (And so it is with a cistern) [A ditch] between two courtyards. This implies that one may not cede from courtyard to courtyard. This implies, even if they did not make an eruv. This implies, even if they did not intend to. This implies that two domains may not use one domain. This implies, if each of them uses his door, both are forbidden. And so it is with a house between two courtyards, not following Rebbi Meïr, who said that a locked house is forbidden.

MISHNAH: If people of a courtyard and those on a balcony forgot and did not make an eruv, anything higher than ten hand-breadths belongs to the balcony, less than this to the courtyard. The enclosure of a cistern or a rock ten hand-breadths high belong to the balcony, less than this to the courtyard. When has this been said? If it is close. But if it is far away even if it is ten hand-breadths high it belongs to the courtyard. What is close? Any which is not four hand-breadths distant.

MISHNAH: From a cistern between two courtyards one may not draw water on the Sabbath unless one made for it a partition ten hand-breadths high, either below or inside its rim. Rabban Simeon ben Gamliel said, the House of Shammai say below but the House of Hillel say above. Rebbi Jehudah says, a partition should not be more than the wall in between them.

Rebbi Huna said, but the partition must extend into the hollow of the cistern.

MISHNAH: If the railing around a cistern in the public domain is ten hand-breadths high, one may fill from it through a window above it on the Sabbath. If a dungheap in the public domain is ten hand-breadths high, one may pour waste water onto it through a window above it on the Sabbath.

MISHNAH: A Cohen who has a wound on his finger binds bast on it in the Temple but not in the countryside; it there is no blood it is forbidden here and there. One sprinkles salt on the ramp so it should not be slippery and one fills from the cistern of the Diaspora with a wheel on the Sabbath, from the large cistern and from the cold well on a holiday.

MISHNAH: A Cohen who has a wound on his finger binds bast on it in the Temple but not in the countryside; it there is no blood it is forbidden here and there. One sprinkles salt on the ramp so it should not be slippery and one fills from the cistern of the Diaspora with a wheel on the Sabbath, from the large cistern and from the cold well on a holiday.

“One fills from the cistern of the Diaspora with a wheel on the Sabbath, from the large cistern and from the cold well on a holiday.” Why “may one fill from the cold well with a wheel on the holiday”? But at the time when Israel came from the diaspora and camped at this well, the prophets among them stipulated that one could fill from the cold well with a wheel on the holiday. They did not permit all cold wells, only this well at which they camped. As you are saying there, what was permitted was permitted, and here what was permitted was permitted.

“One fills from the cistern of the Diaspora with a wheel on the Sabbath, from the large cistern and from the cold well on a holiday.” Why “may one fill from the cold well with a wheel on the holiday”? But at the time when Israel came from the diaspora and camped at this well, the prophets among them stipulated that one could fill from the cold well with a wheel on the holiday. They did not permit all cold wells, only this well at which they camped. As you are saying there, what was permitted was permitted, and here what was permitted was permitted.

“And what he leaves he should deposit at a guarded place so that he would not be obligated to repeat checking.” What does he do? He covers it with a vessel. If he covered it with a vessel but did not find it. I am saying that a hand took it. If he did not cover it with a vessel and did not find it, this house needs checking. Or the other houses would not need checking? Let us hear from the following: “If the volume of an olive from a cadaver was lost in a house; it was searched but not found. The house is pure; if it will be found, the house is retroactively impure.” This can teach about that and that can teach about this. This can teach about that, there is no difference between “was lost” and “what he leaves”. And that can teach about this, only this house needs to be checked. Following Rebbi Jehudah even this house should not need to be checked, as we may hear from the following: “Rebbi Jehudah said, it happened that the slave girl of a discharged veteran at Rimmon threw a still birth into a cistern. A Cohen came and looked to know what she had thrown down. The case came before the Sages and they declared him pure for moles and martens usually drag it away.” It runs after flesh, it does not run after bread. And even if you are saying that it runs after flesh and bread, it drags away flesh and eats it; it drags away bread and stores it. The rabbis of Caesarea in the name of Rebbi Abbahu: One does not suspect that a mole dragged it, but following Rebbi Jehudah one suspects it.

There, we have stated: “If a mashed apple is added to dough which soured, [the dough] is forbidden. But if barley grains fell into a cistern of water, even though they made it stink, [the water] is permitted. It was stated: Rebbi Yose says, it is permitted. Rebbi Aḥa, Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: They disagree when it becomes sour from the juice [of the apple]. But if it becomes sour from its solid substance it is permitted according to everybody. Rebbi Yose stays with his opinion; just as he says there, its cooking is not clearly cooking, so he says here, its souring is not clearly souring.

It and its young fell into a cistern. Rebbi Eliezer said, he should lift the first one for the purpose of slaughtering it and slaughter it. The second one has to be provided for so it should not die. Rebbi Joshua says, he should lift the first one for the purpose of slaughtering it and not slaughter it, and be cunning and lift the second one. Even though he had no intention of slaughtering either of them, he is permitted. Rebbi Abun bar Ḥiyya asked: Is the argument of Rebbi Eliezer not inverted? There he says, one is prohibited from cunning but here he says, one is permitted to be cunning. Here it is because “not to be seen nor found”; there, what do you have? Is the argument of Rebbi Joshua not inverted? There he says, one is permitted to be cunning, but here, he says, one is prohibited from cunning. Rebbi Idi said, there it is a rabbinic Sabbath prohibition, but here liability for a purification offering. Rebbi Yose ben Rebbi Bun said, there it is to protect Jews’ money; here what do you have?

MISHNAH: If somebody blows into a cistern, or into a cellar, or into a barrel, if he heard the sound of the shofar he fulfilled his obligation, if he heard the sound of the echo he did not fulfill his obligation. Similarly, if somebody was passing by a synagogue or his house was near the synagogue and he heard the sound of the shofar or the reading of the Esther scroll, if he listened purposefully he fulfilled his obligation, otherwise he did not fulfill his obligation. Even though both heard, one listened purposefully, but the other did not listen purposefully.

HALAKHAH: The Mishnah is about large implements, but for small implements one may use a trick and immerse them. Rebbi Hoshaya stated, a person may fill am impure vessel from the cistern, and be tricky about it and immerse it. If his pail fell into the cistern, his vessel fell into the cistern, he may be tricky about it and immerse it. Two Amoraim, one said about implements impure in original purity; the other said, about implements impure in derivative impurity. The one who said impure in derivative impurity objected to the one who said impure in original purity, even on a weekday would it not need sundown? He said to him, about one who wants to eat his profane food in purity.

HALAKHAH: The Mishnah is about large implements, but for small implements one may use a trick and immerse them. Rebbi Hoshaya stated, a person may fill am impure vessel from the cistern, and be tricky about it and immerse it. If his pail fell into the cistern, his vessel fell into the cistern, he may be tricky about it and immerse it. Two Amoraim, one said about implements impure in original purity; the other said, about implements impure in derivative impurity. The one who said impure in derivative impurity objected to the one who said impure in original purity, even on a weekday would it not need sundown? He said to him, about one who wants to eat his profane food in purity.

HALAKHAH: The Mishnah is about large implements, but for small implements one may use a trick and immerse them. Rebbi Hoshaya stated, a person may fill am impure vessel from the cistern, and be tricky about it and immerse it. If his pail fell into the cistern, his vessel fell into the cistern, he may be tricky about it and immerse it. Two Amoraim, one said about implements impure in original purity; the other said, about implements impure in derivative impurity. The one who said impure in derivative impurity objected to the one who said impure in original purity, even on a weekday would it not need sundown? He said to him, about one who wants to eat his profane food in purity.

MISHNAH: If a firstling fell into a cistern, Rebbi Jehudah says, the expert should go down and inspect; if it has a defect he may lift it and slaughter; Rebbi Simeon says, any whose defect was not recognizable on the eve of the holiday is not prepared.

It and its young fell into a cistern. Rebbi Eliezer said, he should lift the first one for the purpose of slaughtering it and slaughter it. The second one has to be provided for at its place so it should not die. Rebbi Joshua says, he should lift the first one for the purpose of slaughtering it and not slaughter it, and be cunning and lift the second one. Even though he had no intention of slaughtering either of them, he is permitted. Rebbi Abun bar Ḥiyya asked: Is the argument of Rebbi Eliezer not inverted? Here he says, one is prohibited from cunning but there he says, one is permitted to be cunning. There it is because “not to be seen nor found”; here, what do you have? Is the argument of Rebbi Joshua not inverted? Here he says, one is permitted to be cunning, but there he says, one is prohibited from cunning. Rebbi Idi said, here it is a rabbinic Sabbath prohibition, but there liability for a purification offering. Rebbi Yose ben Rebbi Bun said, here it is to protect Jews’ money; there what do you have? Rebbi Isaac and Rebbi Joshia, one like one of them, the other like the other.

Rebbi Nathan said, The House of Shammai agrees with the House of Hillel that one brings wood from the field from what was collected, and from a corral what was collected. Where did they disagree? About what is strewn about in a corral, where the House of Shammai forbid but the House of Hillel permit.” Rebbi Yose in the name of Rav Jeremiah, Rebbi Ḥaninah brings it in the name of Rav: practice follows the person who restricts, [including] what was strewn about in a corral. The opinion of Rebbi Jehudah seems inverted, as we have stated there, “[Rebbi Jehudah says], even if it only contains a cistern, or an irrigation ditch, or a cave, one carries in it..” And here he says so? Rebbi Mana said, Rebbi Jehudah treated it as a house.

MISHNAH: A private cistern is like the feet of the individual, but one of the townspeople is like the feet of the people of this town, and of the pilgrims from Babylonia like the feet of the person filling.

MISHNAH: One blows the shofar because of any danger which menaces the public except an overabundance of rain. It happened that they said to Onias the circle-drawer, pray for rain. He said to them, go and shelter the Passover ovens so they should not get softened. He prayed but no rain fell. What did he do? He drew a circle, stood inside it, and said: Master of the World! Your children trusted me since I am like a familiar before You. I am swearing by Your great Name that I shall not move from here until You show mercy for Your children. Rain started to drip. He said, that is not what I was asking for, but rain {to fill} cistern, ditches, and caves. It rained in a raging storm. He said, that is not what I was asking for, but rain of goodwill, blessing, and donation. It rained normally until Israel moved from Jerusalem to the Temple Mount because of the rain. They came and said to him, just as you prayed for them to come, so pray to remove them. He told them, go and check whether the losers’ stone was wiped away.

“He said, that is not what I was asking for, but rain {to fill} cistern, ditches, and caves. It rained in a raging storm.” Samuel stated, as pouring from a water-skin.

Rebbi Joḥanan said, 80’000 young priests (broke through) [fled to] Nebuchadnezzar’s armies and went to the Ismaelites. They said to them, give us to drink for we are thirsty. They brought before them salted fish and inflated waterskins. They said to them, eat and then you can drink. When one of them opened the waterskin and put it into his mouth, the wind came out and suffocated him. That is what is written, load in Arabia, a large load on Arabia. In a forest in Arabia they will stay, those that should have been in the forest of Lebanon, in Arabia they will stay. But the ways of Dedanians, that is the way the Dedanians act. When Ismael was thirsty, did they not bring water towards the thirsty? God opened her eyes and she saw a water cistern. Not voluntarily they came to you, for they fled from swords. From the unfettered sword, because they did not want to keep their Sabbaticals, as you are saying, and the seventh unfetter and abandon. And because ofcocked bows, because they did not want to keep their Sabbaths, as you are saying, in these days I saw in Jehudah people pressing wine-presses on the Sabbath. And because of the difficulty of war, they did not want to engage in the Torah’s war, [as you are saying], therefore it was said in the book of the wars of the Eternal.

Rebbi Jeremiah asked, what is the status of uninterrupted rest-water? Let us hear from the following: “What is rest-water? All the time that it rains and the mountains are muddy; after the rain stopped and the mountains still are muddy it is rest-water. When they are no longer muddy it is like cistern water.” How far? Ḥiyya bar Abun in the name of Rebbi Joḥanan: Until the soft soil produces flowers. Rebbi Eleazar ben Rebbi Yose in the name of Rebbi Tanḥum ben Rebbi Ḥiyya: Until they become like goose feet. Rebbi Jeremiah asked: If the soft soil produced flowers before it stopped? Is it considered like a source retroactively or only for the future? In which respect? If he immersed in it needles and hooks. If you are saying that retroactively it is considered like a source they are pure, only for the the future they are impure. Rebbi Eleazar ben Rebbi Yose asked, how do you treat these waterfalls? Like pumped water or not like pumped water? May one irrigate from a pond which was filled from a well, but water supply from the well stopped? Let us hear from the following: “but one irrigates neither from rain water nor from pumped water.” Where do we hold? If in a time when it rains, is it not as if irrigating the ocean? But we must hold in the time when the rain stopped. If it is in the time when the rain stopped, is this not like a pond which was filled from a well, but water supply from the well stopped? Since you are saying that one does not irrigate from it this implies that one does not irrigate from a pond which was filled from a well, but water supply from the well stopped. May one irrigate from a pond which was filled with pumped water but one channelled well water into it? Let us hear from the following: One irrigates from an irrigated field which drips into another irrigated field. Rebbi Jeremiah said, as long as it drips. Is one able to irrigate because of the dripping, is it not rather because it is full? This implies that one irrigates from a pond which was filled with pumped water but one channelled well water into it. Samuel stated thus: One does not irrigate on a holiday from pools and ponds which were filled before the holiday. But one irrigates without hesitation if a water channel passes through them.

MISHNAH: Similarly, if his wine was in the cistern and mourning or an emergency happened to him, or he was mislead, he may stir and treat and plug normally, the words of Rebbi Yose. Rebbi Jehudah says, he makes planks for it so it should not turn into vinegar.

HALAKHAH: Rebbi Ze`ira said, it only says “if his wine was in the cistern.” Therefore to start is forbidden. Where do we hold? If it was time to harvest the grapes and he did not harvest, he caused the damage to himself. If it was not time for the grape harvest, what could he have done? But we must hold that the time for the grape harvest arrived and he thought that he could finish but he could not. As the following: Rebbi Simeon ben Rebbi Yannai harvested his vineyard on the holiday. Everybody saw him and harvested after him. In another year he left it and it dried up. They are learning the wrong behavior but are not learning the correct behavior.

“Even if one saw him cut up,” I say he was burned by a red hot lance and survived. “Or crucified on the cross,” I say a noble lady passed by and redeemed him. “Or an animal was eating of him,” I say that in Heaven they had mercy on him. If he fell into a lion’s den one does not testify about him, I say that miracles happened for him as they did for Daniel. If he fell into a fiery oven one does not testify about him, I say that miracles happened for him as they did for Ḥanaiah, Mishael and Azariah. If he fell into a cistern full of snakes and scorpions one does not testify about him; Rebbi Jehudah ben Baba said, I say he was a snake charmer. If he fell into a boiling vat of water or oil, one does not testify about him. Rebbi Abba said, of oil one testifies, of water one does not testify.

MISHNAH: If he fell into water, both enclosed and open, his wife is forbidden. Rebbi Meїr said, if happened that someone fell into a large cistern and came up after three days. Rebbi Yose said, it happened with a blind man who went to immerse himself in a cave, and his guide went after him, they stayed there the time to die [from drowning] and they permitted their wives to remarry. It also happened in Assos that one lowered a person into the sea and only his leg was recovered. The Sages said, if from the knee and higher, she can remarry, from lower than the knee she cannot remarry.

HALAKHAH: “If he fell into water, both enclosed and open, his wife is forbidden, the words of Rebbi Meĩr. But the Sages say, in open waters his wife is forbidden, in enclosed waters, his wife is permitted.” Rebbi Meїr said, it happened that someone fell into a large cistern and came up after three days. They said to him, one does not mention wonders. Rebbi said, it happened that two went to put fish nets into the Jordan in the evening. One of them saw a fish cave and entered it. When he wanted to leave, he was unable to find the cave’s entrance. His colleague waited at the entrance of the cave so long that he would be dead; he returned and reported to his house. Next morning when the sun shone, the man recognized the entrance of the cave, left, and found his house in mourning. Rebbi Aqiba said, It happened that I was traveling on the ocean that I saw a ship sinking. I was sorry for a student Sage who was on that ship. When I came to Kappadocian Mazaga he greated me and asked me questions. I said to him, my son, how did you escape? He told me, Rabbi, one wave tore me to another, and another to another, until it vomited me onto dry land. Then I said, how great are the words of the Sages who said, in open waters his wife is forbidden, in enclosed waters, his wife is permitted.

HALAKHAH: “One testifies by the light of a candle.” Rebbi Ḥanina said, Rebbi Jonathan taught me, only if they saw a man’s shadow. Rebbi Aḥa in the name of Rebbi Ḥanina: There, we have stated: “If somebody had been thrown into a cistern and said, anybody who hears my voice should write a bill of divorce to my wife, they should write and deliver,” and Rebbi Jonathan said, only if the saw a man’s shadow. Rebbi Aḥa bar Ḥanina, in the name of Rebbi Ḥanina: That means, in the fields, but in town even without a man’s shadow. But did we not state: “If somebody had been thrown into a cistern and said, anybody who hears my voice should write a bill of divorce to my wife, they should write and deliver,” and Rebbi Jonathan said, only if they saw a man’s shadow? Rebbi Abun said, damaging spirits are as frequent in cisterns as they are frequent on the fields.

HALAKHAH: “One testifies by the light of a candle.” Rebbi Ḥanina said, Rebbi Jonathan taught me, only if they saw a man’s shadow. Rebbi Aḥa in the name of Rebbi Ḥanina: There, we have stated: “If somebody had been thrown into a cistern and said, anybody who hears my voice should write a bill of divorce to my wife, they should write and deliver,” and Rebbi Jonathan said, only if the saw a man’s shadow. Rebbi Aḥa bar Ḥanina, in the name of Rebbi Ḥanina: That means, in the fields, but in town even without a man’s shadow. But did we not state: “If somebody had been thrown into a cistern and said, anybody who hears my voice should write a bill of divorce to my wife, they should write and deliver,” and Rebbi Jonathan said, only if they saw a man’s shadow? Rebbi Abun said, damaging spirits are as frequent in cisterns as they are frequent on the fields.

Rebbi Eleazar in the name of Rebbi Ḥanina: If they saw her putting on her underpants and the pedlar leaves her house, the thing is ugly, she should leave. There is slime on her bed, the thing is ugly, she should leave. There is slime on his bed, the thing is ugly, she should leave. His sandal is in front of her bed, the thing is ugly, she should leave. Her sandal is in front of his bed, the thing is ugly, she should leave. Both leave the same dark place, the thing is ugly, she should leave. They lift one another from the cistern, the thing is ugly, she should leave. Both of them clap on her thighs in the bathhouse, the thing is ugly, she should leave. Ḥanina bar Iqa in the name of Rebbi Jehudah, in all these cases, if she brings an explanation for her behavior she is believed. Rav Ada bar Aḥawa in the name of Rav: A case came before Rebbi and he said, what of it? They asked before him: Even if they saw him putting his mouth on her mouth? He said, this did happen, that they saw a man putting his mouth on her mouth. The case came befote Rebbi Yose, who said that she should leave without ketubah. Her relatives appealed the case and said, if she is deviant, she should leave without ketubah. If she is not deviant, she should take the entire ketubah. Rebbi Mana said to them, bring the ketubah that we may read it. They brought the ketubah and found written in it: If this X marries this Y as her husband and should no longer desire his company, she shall take half the ketubah sum. Rebbi Abun said, since she agreed that he should put his mouth on her mouth it is as if she hated him; she has only half the ketubah. She lies in his bosom or he lies in her bosom, she is deviant. If they embrace, she is deviant. If they kiss, she is deviant. If the door is locked, she is deviant. If it is blocked, that is a problem.

MISHNAH: What are the institutions of the returnees from Babylonia? For example, the Temple Mount, the courtyards, and the cistern in the middle of the road. What are the institutions of that town? For example, the town square, the bathhouse, the synagogue with the ark and the scrolls. And he writes his part to the Patriarch. Rebbi Jehudah says, one of them writes to the Patriarch and the other to a private person. What is the difference between him who writes to the Patriarch and him who writes to a private person? The one who writes to the Patriarch does not have to perform an act of delivery, the one who writes to a private person has to perform an act of delivery. But the Sages say, in either case one has to perform an act of delivery. Rebbi Jehudah says, the people of Galilee do not have to write since their forefathers already wrote for them.

“His field,” except movables. “His vineyard,” except potential property which is not similar in status to that in possession. “ ‘His field,’ except movables.” About those who did not claim movables from the start. Is this different from what we stated: There is not only real estate; from where if he wanted to pay money? The verse says: “Money he shall return to its owner.” What did you mean to say that real estate is primary? Or should we say that money is primary? Then it should be irrevocably given to [the claimant] from the start! Do we not see rabbis who irrevocably give him real estate! “ ‘His vineyard,’ except potential property which is not similar in status to that in possession.” Rebbi Eleazar in the name of Rebbi Nisa: If his father dug a cistern which caused injury during his father’s lifetime. Property fell to him after his father’s death. I might say that this property should be encumbered for that damage; therefore, it was necessary to say “his vineyard” to except potential property which is not similar in status to that in possession.

MISHNAH: The following was said for communal peace: A Cohen reads first, after him a Levite, after him an Israel, for communal peace. One puts an eruv in an old house, for communal peace. A cistern which is close to a water canal is filled first, for communal peace. Finds of a deaf-mute, or an insane person, or a minor fall under the category of robbery, for communal peace; Rebbi Yose says, complete robbery. Traps for wild animals, birds, or fish fall under the category of robbery, for communal peace; Rebbi Yose says, complete robbery. If one knocks off [olives] from high up in the olive tree, it falls under the category of robbery, for communal peace; Rebbi Yose says, complete robbery. One does not hinder poor Gentiles [from taking] gleanings, forgotten sheaves, or peah, for communal peace.

“A cistern which is close to a water canal is filled first.” Only if it passes through it. Samuel said, even if it is close by. There, they say what is farther away but easy to drink from precedes one which is close by but difficult to drink from.

MISHNAH: If somebody was thrown into a cistern and said, anybody hearing my voice should write a bill of divorce for my wife, they should write and deliver. If a healthy person said, write a bill of divorce for my wife, he wants to make fun of her. It happened to a healthy person who had said, write a bill of divorce for my wife, that he went on the roof, fell down, and died. Rabban Simeon ben Gamliel said, the Sages said that if he jumped, it is a bill of divorce; if the wind pushed him, it is no bill of divorce.

HALAKHAH: “If somebody was thrown into a cistern,” etc. Rebbi Ḥanina said, Rebbi Jonathan taught us, only if they saw a man’s shadow. There we have stated: “One testifies by the light of a candle or by the light of the moon and one permits to remarry on the basis of a disembodied voice”, and Rebbi Jonathan said, only if they saw a man’s shadow. Rebbi Aḥa bar Ḥanina, in the name of Rebbi Ḥanina: That means, in the fields, but in town even without a man’s shadow. But did we not state: “If somebody had been thrown into a cistern,” and Rebbi Jonathan said, only if they saw a man’s shadow? Rebbi Abin said, damaging spirits were as frequent in cisterns as they are frequent on the fields.

HALAKHAH: “If somebody was thrown into a cistern,” etc. Rebbi Ḥanina said, Rebbi Jonathan taught us, only if they saw a man’s shadow. There we have stated: “One testifies by the light of a candle or by the light of the moon and one permits to remarry on the basis of a disembodied voice”, and Rebbi Jonathan said, only if they saw a man’s shadow. Rebbi Aḥa bar Ḥanina, in the name of Rebbi Ḥanina: That means, in the fields, but in town even without a man’s shadow. But did we not state: “If somebody had been thrown into a cistern,” and Rebbi Jonathan said, only if they saw a man’s shadow? Rebbi Abin said, damaging spirits were as frequent in cisterns as they are frequent on the fields.

Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: If somebody sell a cistern, when he handed over its pail [the buyer] took possession. Rebbi Immi in the name of Rebbi Joḥanan: If somebody sell a house, when [the buyer] stored there, he took possession. Rebbi Jehudah ben Pazi asked, what if he handed over the key? Rebbi Zachariah, son-in-law of Rebbi Levi, said: This is a disagreement between Rebbi Simeon and the Sages, as we have stated there: “If somebody hand over the key to his house to an ‘am ha’areṣ, the house is pure since he handed to him only the guarding of the key.” It was stated: “Rebbi Simeon declares impure.”

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: If somebody put his bull in a private courtyard without permission and the owner’s bull gored it or his dog bit it, [the owner] is not liable; if it gored the owner’s bull, he is liable. If it fell into his cistern and caused it to stink, he is liable. If his father or son were inside, he pays weregilt. But if he put it in by permission, the owner of the courtyard is liable; Rebbi says, in all these cases, only if he agreed to watch.

HALAKHAH: “One does not divide the courtyard,” etc. Rebbi Joḥanan said, the four cubits which they mentioned are outside the four cubits of the doors. Bar Kappara stated thus: One does not subdivide a courtyard unless there be eight cubits for each party. Rebbi Joḥanan said, the four cubits which they mentioned are not acquired by him but they are for him to park his animal temporarily and unload his package. Rebbi Jonathan asked: did they only say for him to park his animal temporarily and unload his package temporarily? It was found stated: also the circular enclosure of a cistern has four cubits. They said in the House of Rebbi Yannai: the chicken coop also has four cubits.

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

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

HALAKHAH: “A person may not dig a cistern,” etc. So is the Mishnah: “[A person may not dig a cistern close to the wall of his neighbor’s cistern. Nor a ditch, nor a cave, nor a water canal, nor a washer’s pond except if he distanced himself from his neighbor’s wall three handbreadths] and lined with lime. If he lined with lime, any distance. If he did not line with lime, three handbreadths. From the following: “One removes olive peat, and manure, and salt, and lime, and rocks from his neighbor’s wall three handbreadths or lines with lime.” Here you say, because rocks generate heat. But there you say that they do not generate heat. Rebbi Yose said, in no case do rocks generate heat. But because they loosen the earth and damage the ground around the wall.

HALAKHAH: “A person may not dig a cistern,” etc. So is the Mishnah: “[A person may not dig a cistern close to the wall of his neighbor’s cistern. Nor a ditch, nor a cave, nor a water canal, nor a washer’s pond except if he distanced himself from his neighbor’s wall three handbreadths] and lined with lime. If he lined with lime, any distance. If he did not line with lime, three handbreadths. From the following: “One removes olive peat, and manure, and salt, and lime, and rocks from his neighbor’s wall three handbreadths or lines with lime.” Here you say, because rocks generate heat. But there you say that they do not generate heat. Rebbi Yose said, in no case do rocks generate heat. But because they loosen the earth and damage the ground around the wall.

HALAKHAH: “A person may not dig a cistern,” etc. So is the Mishnah: “[A person may not dig a cistern close to the wall of his neighbor’s cistern. Nor a ditch, nor a cave, nor a water canal, nor a washer’s pond except if he distanced himself from his neighbor’s wall three handbreadths] and lined with lime. If he lined with lime, any distance. If he did not line with lime, three handbreadths. From the following: “One removes olive peat, and manure, and salt, and lime, and rocks from his neighbor’s wall three handbreadths or lines with lime.” Here you say, because rocks generate heat. But there you say that they do not generate heat. Rebbi Yose said, in no case do rocks generate heat. But because they loosen the earth and damage the ground around the wall.

MISHNAH: One distances a tree 25 cubits from a cistern, but carob tree and sycamore 50 cubits, whether on top or level. If the cistern existed before, he shall cut it down and pay for it; if the tree existed before, one shall not cut it down. Rebbi Yose said, even if the cistern existed before, one shall not cut it down since the one digs on his property and the other plants on his property. A person should not plant a tree next to another’s field unless he distanced himself from it by four cubits, whether vines or any other tree. If there was a wall between them, each one goes close to the wall. If its roots extended to another’s field, he lowers the roots three handbreadths in order not to hinder the plough. If one was digging a cistern, or a ditch, or a cavern, he cuts and excavates and the wood is his.

MISHNAH: One distances a tree 25 cubits from a cistern, but carob tree and sycamore 50 cubits, whether on top or level. If the cistern existed before, he shall cut it down and pay for it; if the tree existed before, one shall not cut it down. Rebbi Yose said, even if the cistern existed before, one shall not cut it down since the one digs on his property and the other plants on his property. A person should not plant a tree next to another’s field unless he distanced himself from it by four cubits, whether vines or any other tree. If there was a wall between them, each one goes close to the wall. If its roots extended to another’s field, he lowers the roots three handbreadths in order not to hinder the plough. If one was digging a cistern, or a ditch, or a cavern, he cuts and excavates and the wood is his.

MISHNAH: One distances a tree 25 cubits from a cistern, but carob tree and sycamore 50 cubits, whether on top or level. If the cistern existed before, he shall cut it down and pay for it; if the tree existed before, one shall not cut it down. Rebbi Yose said, even if the cistern existed before, one shall not cut it down since the one digs on his property and the other plants on his property. A person should not plant a tree next to another’s field unless he distanced himself from it by four cubits, whether vines or any other tree. If there was a wall between them, each one goes close to the wall. If its roots extended to another’s field, he lowers the roots three handbreadths in order not to hinder the plough. If one was digging a cistern, or a ditch, or a cavern, he cuts and excavates and the wood is his.

MISHNAH: One distances a tree 25 cubits from a cistern, but carob tree and sycamore 50 cubits, whether on top or level. If the cistern existed before, he shall cut it down and pay for it; if the tree existed before, one shall not cut it down. Rebbi Yose said, even if the cistern existed before, one shall not cut it down since the one digs on his property and the other plants on his property. A person should not plant a tree next to another’s field unless he distanced himself from it by four cubits, whether vines or any other tree. If there was a wall between them, each one goes close to the wall. If its roots extended to another’s field, he lowers the roots three handbreadths in order not to hinder the plough. If one was digging a cistern, or a ditch, or a cavern, he cuts and excavates and the wood is his.

Simeon bar Abba in the name of Rebbi Joḥanan: If someboldy is selling a house to another, when he delivered the key [the buyer] took possession. Rebbi Immi in the name of Rebbi Joḥanan: If somebody is selling a house to another, when [the buyer] stored produce there, he took possession. Rebbi Samuel bar Rav Isaac said, only produce usually stored. Rebbi Joḥanan in the name of Rebbi Yannai: If somebody is selling a cistern to another, when he handed over its pails [the buyer] took possession. Rebbi Joshua ben Levi in the name of Rebbi Simeon ben Laqish: If somebody sold a flock to another person, when [the seller] delivered the maškokît, [the buyer] took possession. What is maškokît? Some say, the shepherd’s staff. But some say, a pandura. And some say, the bell-wether. Rebbi Simeon ben Laqish in the name of Bar Qappara: If somebody is selling a burial chamber to another, when that one buried there one dead it is confirmation of claim for the entire chamber. When he buried three dead in three chambers, it is confirmation of claim for the entire burial cavern.

MISHNAH: Neither the cistern nor the cellar even though he wrote over to him “its bottom and height,” and he has to buy himself access, the words of Rebbi Aqiba, but the Sages say that he does not have to buy himself access. Rebbi Aqiba agrees that if he said “except these”, he does not have to buy himself access. If he sold them to another person, Rebbi Aqiba said, he does not have to buy access, but the Sages say, he has to buy access.

HALAKHAH: “Neither the cistern,” etc. Then why did he write “its bottom and height”? That if he wants to dig down, he may dig down and if he wants to increase its height, he may increase its height. Rav Abba bar Rav Huna in the name of Rav: Practice follows Rebbi Aqiba in our version which is following the rabbis in Rebbi Ḥiyya’s version. Rebbi Ze‘ira, Rav Jeremiah in the name of Rav: Practice follows Rebbi Aqiba in Rebbi Ḥiyya’s version which is following the rabbis in the Babylonians’ version.

MISHNAH: He who sells a field sold the stones which are needed for it, and the posts in a vineyard which are needed for it, and grain standing on the ground, and a reed fence taking up less than a bet rova‘, and a watchman’s hut not made with mortar, and a carob tree not yet grafted, and a virgin sycamore tree. But he sold neither the stones which are not needed for it, nor the posts in a vineyard which are not needed for it, nor grain harvested from the ground. But if he said to him, “it and all it contains,” all is sold. In no case did he sell either a reed fence taking up more than a bet rova‘, or a watchman’s hut made with mortar, or a grafted carob tree, or an anvil sycamore tree. Neither the cistern, nor the wine press, nor a dovecote whether deserted or intact; and he has to buy himself access, the words of Rebbi Aqiba; but the Sages say that he does not not have to buy himself access. Rebbi Aqiba agrees that if he said “except these”, he does not not have to buy himself access. If he sold them to another person, Rebbi Aqiba said, he does not have to buy access, but the Sages say, he does have to buy access. When has this been said? For the seller. But one who gives a gift, gives everything. Brothers who divided [an inheritance]: if one acquired a field he acquired everything. Somebody taking possession of a proselyte’s property: if he took possession of a field, he took possession of everything. If somebody dedicated a field to the Temple, he dedicated everything; Rebbi Simeon says that he who dedicated a field to the Temple only dedicated a grafted carob tree and an anvil sycamore tree.

HALAKHAH: 8: “He who sells a field,” etc. Halakhah 9: “But he sold neither,” etc. Halakhah 10: “Neither the cistern,” etc. Halakhah 11: “If somebody dedicated a field to the Temple,” etc. In the House of Rebbi Yannai they said, poles for vines. The Elder Rebbi Ḥiyya asked, if there were split rings to select? Rebbi Isaac bar Tebelai asked, if there were marble plates for walls? Rebbi Yudan ben Rebbi Ismael asked: If there were split rods to frame windows?

MISHNAH: He who sells a ship sold the mast, and the sail, and the anchors, and all steering gear, but he neither sold the slaves, nor the storage bags, nor the load. If he said, “it and all that is in it,” all is sold. He who sold a truck did not sell the mules; he who sold the mules did not sell the truck. He who sold the yoke did not sell the cattle; he who sold the cattle did not sell the yoke. Rebbi Jehudah says, the price is an indicator. How is that? If he said to him, sell me your yoke and harness for 200 denars, it is obvious that yoke and harness are not worth 200 denars. But the Sages say, the price is no indicator. He who sells a donkey did not sell its gear. Nahum the Mede says, he sold the gear. Rebbi Jehudah says, sometimes it is sold, sometimes it is not sold. How is this? If a donkey was standing there with his gear on it and he said, sell me this donkey, his gear is sold; your donkey, for this one the gear is not sold. He who sells a donkey sold the foal; he who sold a cow did not sell its young. He who sold a dungheap sold the manure; he who sold a cistern sold its water. He who sold a beehive sold the bees; he who sold the dovecote sold the pigeons. He who bought the yield of a dovecote leaves the first brood to fledge, of a beehive takes three swarms and then intermittently, honeycombs leaves two honeycombs, olive trees to cut down leaves two handbreadths.

MISHNAH: If somebody has a cistern inside another’s house, he may enter at times when people usually enter and must leave when people usually leave. He cannot bring his animal and let it drink from his cistern but draws water and lets it drink outside. Each of them makes a lock for himself. If somebody has a vegetable garden inside another’s vegetable garden, he may enter at times when people usually enter and must leave when people usually leave. He cannot bring traders inside and cannot use it to go to another field; the outside owner may sow on the path. If he was allowed a path on the side by common accord, he may enter any time he wishes and leave any time he wishes; he can bring traders inside but cannot use it to go to another field; neither owner may sow on it.

MISHNAH: If somebody has a cistern inside another’s house, he may enter at times when people usually enter and must leave when people usually leave. He cannot bring his animal and let it drink from his cistern but draws water and lets it drink outside. Each of them makes a lock for himself. If somebody has a vegetable garden inside another’s vegetable garden, he may enter at times when people usually enter and must leave when people usually leave. He cannot bring traders inside and cannot use it to go to another field; the outside owner may sow on the path. If he was allowed a path on the side by common accord, he may enter any time he wishes and leave any time he wishes; he can bring traders inside but cannot use it to go to another field; neither owner may sow on it.

HALAKHAH: “If somebody has a cistern,” etc. It was stated: The outer one cannot sow on the path for the other can tell him, I would walk on slippery ground. The inner one cannot sow on the path for the other can tell him, you would take care of yours and step on mine.

It is written: David had a desire and said, who would give me to drink from the cistern of Bethlehem, etc. Rebbi Ḥiyya bar Abba said, he questioned practice. Three broke through. Why three? For no practice can be elucidated by less than three [opinions]. But David refused to drink. David did not want that the practice would be attached to his name. He poured it out for the Eternal, he fixed it as a tractate for all generations, “he breaches fences on his way.”

Rebbi Assi, Rebbi Joḥanan in the name of Ben Bathyra: If libation wine fell into a cistern, it should be sold entirely to a Gentile except the value of the libation wine contained in it. Rebbi Assi in the name of Rebbi Joḥanan: Undetermined wine of a Gentile is forbidden but does not make impure. If he deposited it with him it is forbidden for drinking but permitted for usufruct. Rebbi Ze‘ira asked before Rebbi Yasa, how? If he segregated it? He told him, if he deposited it. Rebbi Abbahu came in the name of Rebbi Joḥanan: There are three kinds of wine. If he saw the Gentile pouring a libation, it is certainly pagan worship and induces severe impurity like a reptile.Gentiles’ undetermined wine is forbidden but does not cause impurity. If he deposited with him with one seal it is forbidden to drink and permitted for usufruct. Rebbi Jeremiah said before Rebbi Ze‘ira: See what he said! He only said with a seal. Therefore without a seal it is forbidden for drinking and usufruct. Rebbi Eleazar instructed: if it was segregated; Rebbi Ze‘ira enjoyed it.

HALAKHAH: “Gentiles’ grape kernels and skins,” etc. Rav Sheshet in the name of Rav: Moist they are forbidden even for usufruct; dry they are permitted even to eat. But did we not state, “it does not become libation wine until it descends into the cistern”? Rebbi Abba in the name of Rebbi Judah: The Mishnah is about one who lowers them into the cistern.

HALAKHAH: “Gentiles’ grape kernels and skins,” etc. Rav Sheshet in the name of Rav: Moist they are forbidden even for usufruct; dry they are permitted even to eat. But did we not state, “it does not become libation wine until it descends into the cistern”? Rebbi Abba in the name of Rebbi Judah: The Mishnah is about one who lowers them into the cistern.

MISHNAH: One may buy a used wine-press from a Non-Jew. Even if he takes it in his hands and puts it on the pile. It does not become libation wine until it flows down into the cistern. If it flowed into the cistern, what is in the cistern is forbidden and the remainder in permitted.

MISHNAH: One may buy a used wine-press from a Non-Jew. Even if he takes it in his hands and puts it on the pile. It does not become libation wine until it flows down into the cistern. If it flowed into the cistern, what is in the cistern is forbidden and the remainder in permitted.

MISHNAH: One may buy a used wine-press from a Non-Jew. Even if he takes it in his hands and puts it on the pile. It does not become libation wine until it flows down into the cistern. If it flowed into the cistern, what is in the cistern is forbidden and the remainder in permitted.

A wine press on which a Gentile stopped a leak from the inside is forbidden, from the outside permitted, for it is impossible that there not be wet bast where he touches and turns the entire cistern into libation wine.

Rav Huna in the name of Rav: The jet is like the cistern. Rebbi Ze`ira asked: Everywhere you do not say that flow is connection, but here you are treating flow as connection? Rav Huna is of the opinion that if the cistern became libation wine, the flow became libation wine; if the flow became libation wine the cistern did not become libation wine. Rebbi Abba did not say so, but if the cistern became libation wine, the flow did not become libation wine; if the flow became libation wine the cistern became libation wine. What Rav Huna said in the name of Rav, the jet is like the cistern, for Rav Huna is of the opinion, just as the cistern becomes libation wine so the jet becomes libation wine. There, they say in the name of Rav, the touch of a Gentile makes libation wine. Rav Naḥman bar Jacob said, only when it is flowing.

Rav Huna in the name of Rav: The jet is like the cistern. Rebbi Ze`ira asked: Everywhere you do not say that flow is connection, but here you are treating flow as connection? Rav Huna is of the opinion that if the cistern became libation wine, the flow became libation wine; if the flow became libation wine the cistern did not become libation wine. Rebbi Abba did not say so, but if the cistern became libation wine, the flow did not become libation wine; if the flow became libation wine the cistern became libation wine. What Rav Huna said in the name of Rav, the jet is like the cistern, for Rav Huna is of the opinion, just as the cistern becomes libation wine so the jet becomes libation wine. There, they say in the name of Rav, the touch of a Gentile makes libation wine. Rav Naḥman bar Jacob said, only when it is flowing.

Rav Huna in the name of Rav: The jet is like the cistern. Rebbi Ze`ira asked: Everywhere you do not say that flow is connection, but here you are treating flow as connection? Rav Huna is of the opinion that if the cistern became libation wine, the flow became libation wine; if the flow became libation wine the cistern did not become libation wine. Rebbi Abba did not say so, but if the cistern became libation wine, the flow did not become libation wine; if the flow became libation wine the cistern became libation wine. What Rav Huna said in the name of Rav, the jet is like the cistern, for Rav Huna is of the opinion, just as the cistern becomes libation wine so the jet becomes libation wine. There, they say in the name of Rav, the touch of a Gentile makes libation wine. Rav Naḥman bar Jacob said, only when it is flowing.

Rav Huna in the name of Rav: The jet is like the cistern. Rebbi Ze`ira asked: Everywhere you do not say that flow is connection, but here you are treating flow as connection? Rav Huna is of the opinion that if the cistern became libation wine, the flow became libation wine; if the flow became libation wine the cistern did not become libation wine. Rebbi Abba did not say so, but if the cistern became libation wine, the flow did not become libation wine; if the flow became libation wine the cistern became libation wine. What Rav Huna said in the name of Rav, the jet is like the cistern, for Rav Huna is of the opinion, just as the cistern becomes libation wine so the jet becomes libation wine. There, they say in the name of Rav, the touch of a Gentile makes libation wine. Rav Naḥman bar Jacob said, only when it is flowing.

Rav Huna in the name of Rav: The jet is like the cistern. Rebbi Ze`ira asked: Everywhere you do not say that flow is connection, but here you are treating flow as connection? Rav Huna is of the opinion that if the cistern became libation wine, the flow became libation wine; if the flow became libation wine the cistern did not become libation wine. Rebbi Abba did not say so, but if the cistern became libation wine, the flow did not become libation wine; if the flow became libation wine the cistern became libation wine. What Rav Huna said in the name of Rav, the jet is like the cistern, for Rav Huna is of the opinion, just as the cistern becomes libation wine so the jet becomes libation wine. There, they say in the name of Rav, the touch of a Gentile makes libation wine. Rav Naḥman bar Jacob said, only when it is flowing.

Rav Huna in the name of Rav: The jet is like the cistern. Rebbi Ze`ira asked: Everywhere you do not say that flow is connection, but here you are treating flow as connection? Rav Huna is of the opinion that if the cistern became libation wine, the flow became libation wine; if the flow became libation wine the cistern did not become libation wine. Rebbi Abba did not say so, but if the cistern became libation wine, the flow did not become libation wine; if the flow became libation wine the cistern became libation wine. What Rav Huna said in the name of Rav, the jet is like the cistern, for Rav Huna is of the opinion, just as the cistern becomes libation wine so the jet becomes libation wine. There, they say in the name of Rav, the touch of a Gentile makes libation wine. Rav Naḥman bar Jacob said, only when it is flowing.