courtyard

One may not hollow out a space underneath the public domain [such as] cisterns, trenches or caves. Rabbi Eliezer permits it if it is such that a wagon loaded with stones can [safely] go over it. Projections and balconies may not be built into the public domain; but if a man wishes to build a [projection or balcony] he may withdraw [his wall] within his own domain and build out from it. If he bought a courtyard in which were already projections and balconies, his right to maintain them may not be disputed.

If a man sold a courtyard, he has also sold its houses, cisterns, trenches and caves, but not the movable property. But if he had said: “It and all that is in it” all of these are also sold. But in neither case has he sold the bath-house, or the olive press that are in it. Rabbi Eliezer says: “If a man sold a courtyard, he has sold only the air (the open spaces) of the courtyard.

If a man sold a courtyard, he has also sold its houses, cisterns, trenches and caves, but not the movable property. But if he had said: “It and all that is in it” all of these are also sold. But in neither case has he sold the bath-house, or the olive press that are in it. Rabbi Eliezer says: “If a man sold a courtyard, he has sold only the air (the open spaces) of the courtyard.

If a man sold a courtyard, he has also sold its houses, cisterns, trenches and caves, but not the movable property. But if he had said: “It and all that is in it” all of these are also sold. But in neither case has he sold the bath-house, or the olive press that are in it. Rabbi Eliezer says: “If a man sold a courtyard, he has sold only the air (the open spaces) of the courtyard.

If a man sold to his fellow a place in which to make a tomb, so, too, if a man was commissioned by his fellow to make a tomb, he must make the inside of the vault four cubits by six, and open within it eight niches, three on this side, three on that side, and two opposite [the doorway]. The niches must be four cubits long, seven handbreadths high, and six handbreadths wide. Rabbi Shimon says: “He must make the inside of the vault four cubits by eight, and open within it thirteen niches, four on this side, four on that side, three opposite [the doorway] and one to the right of the doorway and one to the left. He must make a courtyard at the opening of the vault, six cubits by six, space enough for the bier and its bearers. And he may open within it two vaults, one on either side. Rabbi Shimon says: “Four, one on each of its sides.” Rabban Shimon ben Gamaliel says: “All depends on the nature of the rock.”

If one steals the sacred vessel called a “kasvah” (Numbers 4:7), or cursed by the name of an idol, or has sexual relations with an Aramean (non-Jewish) woman, he is punished by zealots. If a priest performed the temple service while impure, his fellow priests do not bring him to the court, but rather the young priests take him out into the courtyard and split his skull with clubs. A layman who performed the service in the Temple: Rabbi Akiva says: “He is strangled.” But the Sages say: “[His death is] at the hands of heaven.”

Akavia ben Mahalalel testified concerning four things. They said to him: Akavia, retract these four things which you say, and we will make you the head of the court in Israel. He said to them: it is better for me to be called a fool all my days than that I should become [even] for one hour a wicked man before God; So they shouldn’t say: “he withdrew his opinions for the sake of power.” He used to pronounce impure the hair which has been left over [in leprosy], And green (yellow) blood (of vaginal discharge); But the Sages declared them clean. He used to permit the wool of a first-born animal which was blemished and which had fallen out and had been put in a niche, the first-born being slaughtered afterwards; But the sages forbid it. He used to say: a woman proselyte and a freed slave-woman are not made to drink of the bitter waters. But the Sages say: they are made to drink. They said to him: it happened in the case of Karkemith, a freed slave-woman who was in Jerusalem, that Shemaiah and Avtalion made her drink. He said to them: they made her drink an example (and not the real water). Whereupon they excommunicated him; and he died while he was under excommunication, and the court stoned his coffin. Rabbi Judah said: God forbid [that one should say] that Akavia was excommunicated; for the courtyard is never locked for any man in Israel who was equal to Akavia ben Mahalalel in wisdom and the fear of sin. But whom did they excommunicate? Eliezer the son of Hanoch who cast doubt against the laws concerning the purifying of the hands. And when he died the court sent and laid a stone on his coffin. This teaches that whoever is excommunicated and dies while under excommunication, his coffin is stoned.

If he nipped [the bird sacrifice] with his left [hand] or at night; if he slaughtered hullin within [the Temple courtyard] or a sacrifice outside [the Temple courtyard] they do not defile in the gullet. If he nipped with a knife; or if he nipped hullin within [or] sacrifices without; or [if he sacrificed] turtle-doves before their time or pigeons after their time; [or a bird] whose wing was withered, [or] blind in the eye [or] whose foot was cut off, [all these] defile in the gullet. This is the general rule: all whose unfitness [arose] in sanctity do not defile in the gullet; if their unfitness did not arise in sanctity, they defile in the gullet. And anyone who is unfit who nips, their nipping is invalid, and they [the birds] do not defile in the gullet.

If he nipped [the bird sacrifice] with his left [hand] or at night; if he slaughtered hullin within [the Temple courtyard] or a sacrifice outside [the Temple courtyard] they do not defile in the gullet. If he nipped with a knife; or if he nipped hullin within [or] sacrifices without; or [if he sacrificed] turtle-doves before their time or pigeons after their time; [or a bird] whose wing was withered, [or] blind in the eye [or] whose foot was cut off, [all these] defile in the gullet. This is the general rule: all whose unfitness [arose] in sanctity do not defile in the gullet; if their unfitness did not arise in sanctity, they defile in the gullet. And anyone who is unfit who nips, their nipping is invalid, and they [the birds] do not defile in the gullet.

If the blood of a hatat was received in two goblets and one of them went outside [the Temple courtyard], the inside one is fit. If one of them entered within [the Sanctuary]: Rabbi Yose the Galilean declares the outer one fit. The sages disqualify it. Rabbi Yose the Galilean: if the place where an intention [directed to it] disqualifies, i.e. without, you do not treat what is left [inside] as what went out; then the place where an intention [directed to it] does not disqualify, i.e. within, is it not logical that we do not treat what is left [outside] as what entered within? If it entered within to make atonement, even if he [the priest] did not make atonement, it is unfit, the words of Rabbi Eliezer. Rabbi Shimon said: [it is not unfit] unless he makes atonement. Rabbi Judah said: if he took it in unwittingly, it is fit. For all unfit blood which was put on the altar, the head plate [of the high priest] does not propitiate, save for the unclean, for the headplate propitiates for that which is unclean, but does not propitiate for what goes out.

Rabbi Shimon said: if you see oil being divided in the Temple courtyard, you don’t need to ask what it is for, for it is the remnant of oil of the wafers of the Israelite’s meal-offerings, or of the metzora’s log of oil. If you see oil being poured on to the fires, you don’t need not ask what it is for, for it is the remnant of the oil of the wafers of priests’ meal-offerings, or of the anointed priest's meal-offering; for one cannot voluntarily offer offer oil [alone]. Rabbi Tarfon say: oil can be voluntarily offered [alone].

The blood of a disqualified hatat does not necessitate washing, whether it had a period of fitness or did not have a period of fitness. Which had a period of fitness? One [whose blood] was kept overnight, or was defiled, or was taken out [of the Temple courtyard]. Which did not have a period of fitness? One which was slaughtered [with the intention of eating it] after the appropriate time or outside the appropriate bounds; or whose blood was received by unfit persons, and sprinkled by them.

They would carry them on staves [out of the Temple courtyard]. If those in front had passed outside the wall of the Temple courtyard, but those in the back had not [yet] gone out, those in front defile their garments, while those in the back do not defile their garments, until they go out. When they both go out, both defile their garments. Rabbi Shimon says: neither defile [their garments] until the fire is burning in the greater part of them. When the flesh is dissolved, he who burns [it] does not defile his garments.

They would carry them on staves [out of the Temple courtyard]. If those in front had passed outside the wall of the Temple courtyard, but those in the back had not [yet] gone out, those in front defile their garments, while those in the back do not defile their garments, until they go out. When they both go out, both defile their garments. Rabbi Shimon says: neither defile [their garments] until the fire is burning in the greater part of them. When the flesh is dissolved, he who burns [it] does not defile his garments.

He who slaughters and offers up outside [the Temple courtyard] is liable in respect of slaughtering and in respect of offering. Rabbi Yose the Galilean says: if he slaughtered inside and offered up outside, [he is liable]; if he slaughtered outside and offered up outside, he is not liable [for offering up], because he offered up only that which was unfit. They said to him: even when one slaughters inside and offers up outside, since he carries it out, he renders it unfit.

They reaped it, put it into the baskets, and brought it to the Temple courtyard; Then they would parch it with fire in order to fulfill the mitzvah that it should be parched [with fire], the words of Rabbi Meir. But the sages say: they beat it with reeds or stems of plants that the grains should not be crushed, and then they put it into a pipe that was perforated so that the fire might take hold of all of it. They spread it out in the Temple courtyard so that the wind might blow over it. Then they put it into a gristmill and took out of it a tenth [of an ephah of flour] which was sifted through thirteen sieves. What was left over was redeemed and might be eaten by any one; It was liable for hallah but exempt from tithes. Rabbi Akiba made it liable both to hallah and to tithes. He then came to the tenth, put in its oil and its frankincense, poured in the oil, mixed it, waved it, brought it near [to the altar], took from it the handful and burnt it; and the remainder was eaten by the priests.

They reaped it, put it into the baskets, and brought it to the Temple courtyard; Then they would parch it with fire in order to fulfill the mitzvah that it should be parched [with fire], the words of Rabbi Meir. But the sages say: they beat it with reeds or stems of plants that the grains should not be crushed, and then they put it into a pipe that was perforated so that the fire might take hold of all of it. They spread it out in the Temple courtyard so that the wind might blow over it. Then they put it into a gristmill and took out of it a tenth [of an ephah of flour] which was sifted through thirteen sieves. What was left over was redeemed and might be eaten by any one; It was liable for hallah but exempt from tithes. Rabbi Akiba made it liable both to hallah and to tithes. He then came to the tenth, put in its oil and its frankincense, poured in the oil, mixed it, waved it, brought it near [to the altar], took from it the handful and burnt it; and the remainder was eaten by the priests.

In three places the priests keep watch in the Temple: in the chamber of Avtinas, in the chamber of the spark, and in the fire chamber. In the chamber of Avtinas and in the chamber of the spark there were upper chambers where the youths kept watch. The fire chamber was vaulted and it was a large room surrounded with stone projections, and the elders of the clan [serving in the Temple] used to sleep there, with the keys of the Temple courtyard in their hands. The priestly initiates used to place their bedding on the ground. They did not sleep in their sacred garments, but they used to take them off [and fold them] and place them under their heads and cover themselves with their own ordinary clothes. If one of them had a seminal emission, he used to go out and make his way down the winding stairs which went under the Birah, and which was lit by lights on each side until he reached the bathing place. There was a fire close by and an honorable seat [i.e. toilet]: and this was its honor: if he found it locked, he knew there was someone there; if it was open, he knew there was no one there. He would go down and bathe and then come up and dry himself and warm himself in front of the fire. He would then go and take his seat next to his fellow priests until the gates were opened, when he would take his departure.

He took the key and opened the small door, and went from the fire chamber into the Temple courtyard, and the priests went in after him carrying two lighted torches. They divided into two groups, one of which went along the portico to the east, while the other went along it to the west. They went along inspecting until they came to the place where the griddle-cakes were made. There the two groups met and said, Is all well (shalom)? All is well (shalom)! They then appointed they that made the griddle-cakes to make griddle-cakes.

In three places the priests keep watch in the Temple: in the chamber of Avtinas, in the chamber of the spark, and in the fire chamber. And the Levites in twenty-one places: Five at the five gates of the Temple Mount; Four at its four corners on the inside; Five at five of the gates of the courtyard; Four at its four corners on the outside; One at the offering chamber; One at the chamber of the curtain, And one behind the place of the kapporet.

The officer of the Temple Mount used to go round to every watch, with lighted torches before him, and if any watcher did not rise [at his approach] and say to him, “Shalom to you, officer of the Temple Mount, it was obvious that he was asleep. Then he used to beat him with his rod. And he had permission to burn his clothes. And the others would say: What is the noise in the courtyard? It is the cry of a Levite who is being beaten and whose clothes are being burned, because he was asleep at his watch. Rabbi Eliezer ben Jacob said: once they found my mother's brother asleep, and they burnt his clothes.

There were seven gates in the courtyard: three in the north and three in the south and one in the east. In the south: the Gate of Kindling, and next to it the Gate of the First-borns, and then the Water Gate. In the east: the Gate of Nicanor. It had two chambers, one on its right and one on its left. One was the chamber of Pinchas the dresser and one the other the chamber of the griddle cake makers.

The fire chamber had two gates, one opening on to the Hel and one on to the courtyard. Rabbi Judah says: the one that opened on to the courtyard had a small opening through which they went in to search the courtyard.

The fire chamber had two gates, one opening on to the Hel and one on to the courtyard. Rabbi Judah says: the one that opened on to the courtyard had a small opening through which they went in to search the courtyard.

The fire chamber had two gates, one opening on to the Hel and one on to the courtyard. Rabbi Judah says: the one that opened on to the courtyard had a small opening through which they went in to search the courtyard.

The fire chamber was vaulted and it was a large room surrounded with stone projections, and the elders of the clan [serving in the Temple] used to sleep there, with the keys of the Temple courtyard in their hands. The priestly initiates used to place their bedding on the ground.

The courtyard of the women was a hundred and thirty-five cubits long by a hundred and thirty-five wide. It had four chambers in its four corners, each of which was forty cubits. They were not roofed, and so they will be in the time to come, as it says, “Then he brought me forth into the outer court, and caused me to pass by the four corners of the court, and behold in every corner of the court there was a court. In the four corners of the court there were keturot courts” (Ezekiel 46:21-22) and keturot means that they were not roofed. For what were they used? The southeastern one was the chamber of the Nazirites where the Nazirites used to boil their shelamim and shave their hair and throw it under the pot. The northeastern one was the wood chamber where priests with physical defects used to pick out the wood which had worms, every piece with a worm in it being unfit for use on the altar. The northwestern one was the chamber of those with skin disease. The southwestern one: Rabbi Eliezer ben Jacob said: I forget what it was used for. Abba Shaul says: they used to store there wine and oil, and it was called the chamber of oil. It [the courtyard of the women] had originally been smooth [without protrusions in the walls] but subsequently they surrounded it with a balcony so that the women could look on from above while the men were below, and they should not mix together. Fifteen steps led up from it to the courtyard of Israel, corresponding to the fifteen [songs of] ascents mentioned in the Book of Psalms, and upon which the Levites used to sing. They were not rectangular but circular like the half of a threshing floor.

The courtyard of the women was a hundred and thirty-five cubits long by a hundred and thirty-five wide. It had four chambers in its four corners, each of which was forty cubits. They were not roofed, and so they will be in the time to come, as it says, “Then he brought me forth into the outer court, and caused me to pass by the four corners of the court, and behold in every corner of the court there was a court. In the four corners of the court there were keturot courts” (Ezekiel 46:21-22) and keturot means that they were not roofed. For what were they used? The southeastern one was the chamber of the Nazirites where the Nazirites used to boil their shelamim and shave their hair and throw it under the pot. The northeastern one was the wood chamber where priests with physical defects used to pick out the wood which had worms, every piece with a worm in it being unfit for use on the altar. The northwestern one was the chamber of those with skin disease. The southwestern one: Rabbi Eliezer ben Jacob said: I forget what it was used for. Abba Shaul says: they used to store there wine and oil, and it was called the chamber of oil. It [the courtyard of the women] had originally been smooth [without protrusions in the walls] but subsequently they surrounded it with a balcony so that the women could look on from above while the men were below, and they should not mix together. Fifteen steps led up from it to the courtyard of Israel, corresponding to the fifteen [songs of] ascents mentioned in the Book of Psalms, and upon which the Levites used to sing. They were not rectangular but circular like the half of a threshing floor.

The courtyard of the women was a hundred and thirty-five cubits long by a hundred and thirty-five wide. It had four chambers in its four corners, each of which was forty cubits. They were not roofed, and so they will be in the time to come, as it says, “Then he brought me forth into the outer court, and caused me to pass by the four corners of the court, and behold in every corner of the court there was a court. In the four corners of the court there were keturot courts” (Ezekiel 46:21-22) and keturot means that they were not roofed. For what were they used? The southeastern one was the chamber of the Nazirites where the Nazirites used to boil their shelamim and shave their hair and throw it under the pot. The northeastern one was the wood chamber where priests with physical defects used to pick out the wood which had worms, every piece with a worm in it being unfit for use on the altar. The northwestern one was the chamber of those with skin disease. The southwestern one: Rabbi Eliezer ben Jacob said: I forget what it was used for. Abba Shaul says: they used to store there wine and oil, and it was called the chamber of oil. It [the courtyard of the women] had originally been smooth [without protrusions in the walls] but subsequently they surrounded it with a balcony so that the women could look on from above while the men were below, and they should not mix together. Fifteen steps led up from it to the courtyard of Israel, corresponding to the fifteen [songs of] ascents mentioned in the Book of Psalms, and upon which the Levites used to sing. They were not rectangular but circular like the half of a threshing floor.

The whole of the courtyard was a hundred and eighty-seven cubits long by a hundred and thirty-five broad. From east to west it was a hundred and eighty-seven. The space in which the Israelites could go was eleven cubits. The space in which the priests could go was eleven cubits. The altar took up thirty-two. Between the Porch and the altar was twenty-two cubits. The Hekhal took up a hundred cubits, and there were eleven cubits behind the kapporet.

From north to south was a hundred and thirty-five cubits. The ascent and the altar took up sixty-two; From the altar to the rings was eight cubits. The rings took up twenty-four cubits. From the rings to the tables was four cubits, From the tables to the dwarf pillars four, And from the dwarf pillars to the wall of the courtyard eight cubits, And the remainder was between the ascent and the wall and the space occupied by the dwarf pillars.

There were six chambers in the courtyard, three on the north and three on the south. On the north were the salt chamber, the parvah chamber and the washer's chamber. In the salt chamber they used to keep the salt for the offerings. In the parvah chamber they used to salt the skins of the animal-offerings. On its roof was the bath used by the high priest on Yom Kippur. In the washers’ chamber they used to wash the entrails of the sacrificial animals, and from it a winding way went up to the roof of the parvah chamber.

On the south were the wood chamber, the chamber of the exile and the chamber of hewn stones. The wood chamber: Rabbi Eliezer ben Jacob says: I forget what it was used for. Abba Shaul says: It was the chamber of the high priest, and it was behind the two of them, and one roof covered all three. In the chamber of the exile there was a fixed cistern, with a wheel over it, and from there water was provided for all of the courtyard. In the chamber of hewn stone the great Sanhedrin of Israel used to sit and judge the priesthood. A priest in whom was found a disqualification used to put on black garments and wrap himself in black and go away. One in whom no disqualification was found used to put on white garments and wrap himself in white and go in and serve along with his brother priests. They used to make a feast because no blemish had been found in the seed of Aaron the priest, and they used to say: Blessed is the Omnipresent, blessed is He, for no blemish has been found in the seed of Aaron. Blessed is He who chose Aaron and his sons to stand to minister before the Lord in the Holy of Holies.

If unclean iron was smelted together with clean iron and the greater part was from the unclean iron, [the vessel made of the mixture] is unclean; If the greater part was from the clean iron, the vessel is clean. If each was half, it is unclean. The same law also applies to a mixture of cement and cattle dung. A door bolt is susceptible to impurity, but [one of wood] that is only plated with metal is not susceptible to impurity. The clutch and the crosspiece [of a lock] are susceptible to impurity. A door-bolt: Rabbi Joshua says: he may remove it from one door and hang it on another on Shabbat. Rabbi Tarfon says: it is like all other vessels and may be carried about in a courtyard.

Ordinary harps are susceptible to impurity, but the harps of Levites are clean. All liquids are susceptible to impurity, but the liquids in the Temple slaughtering house are clean. All scrolls convey impurity to the hands, excepting the scroll of the Temple courtyard. A wooden toy horse is clean. The belly-lute, the donkey-shaped musical instrument and the erus are susceptible to impurity. Rabbi Judah says: the erus is susceptible to sitting impurity since the wailing woman sits on it. A weasel-trap is susceptible to impurity, but a mouse-trap is clean.

Just as they protect inside so they protect outside. How so? In the case of a large basket supported on pegs on the outside [of an ohel], If there was uncleanness beneath it, vessels in the basket remain clean. But if it was [next to] the wall of a courtyard or of a garden, it does not protect. [In the case of] a beam placed across from one wall to an other, with a pot hanging from it, if there was uncleanness beneath it, Rabbi Akiva declares the vessels inside it to be clean, But the sages declare them unclean.

[In the case of] a projection which goes all round the house, occupying space above the doorway to the extent of three fingerbreadths, if there is uncleanness in the house, vessels beneath [the projection] become unclean. If the uncleanness is beneath [the projection]: Rabbi Eliezer declares the house unclean, But Rabbi Joshua declares it clean. A similar [rule applies] to a courtyard surrounded by a portico.

[With regard to] the courtyard of a tomb: A person standing in it remains clean as long as there is a space of four cubits square, according to the words of Bet Shammai. Bet Hillel says: four handbreadths. [With regard to] a roof beam which had been used as a covering stone for a tomb, whether it is standing upright or lying on its side, nothing becomes unclean except what [touches] opposite the opening of the grave. If the end [of the beam] were made the covering stone of a grave, only [that part] up to four handbreadths [from the grave] becomes unclean. [This applies] when [the beam] is going to be cut. Rabbi Judah says: all the beam is connected.

Ten places are not [subject to the laws] of non-Jewish dwelling-places: Arabs’ tents, Field-huts (sukkot), Triangular field-huts, Fruit-shelters, Summer shelters, A gate-house, The open spaces of a courtyard, A bath-house, An armory, And the place where the legions [camp].

They arrived at the Temple Mount and got down. Beneath the Temple Mount and the courts was a hollow which served as a protection against a grave in the depths. And at the entrance of the courtyard there was the jar of the ashes of the sin-offerings. They would bring a male from among the sheep and tie a rope between its horns, and a stick or a bushy twig was tied at the other end of the rope, and this was thrown into the jar. They then struck the male [sheep] was so that it started backwards. And [a child] took the ashes and put it [enough] so that it could be seen upon the water. Rabbi Yose said: do not give the Sadducees an opportunity to rule! Rather, [a child] himself took it and mixed it.

However many doubts and doubts about doubts that you can multiply, a condition of doubt in a private domain is unclean, and in a public domain it is deemed clean. How so? If a man entered an alley and an unclean object was in the courtyard, and a doubt arose as to whether he entered or did not enter [the courtyard]; Or if an object of uncleanness was in a house and there is doubt whether he entered or not; Or even if he entered, there is doubt whether the uncleanness was there or not; Or even if it was there, there is doubt whether it consisted of the prescribed minimum or not; Or even if it consisted of the prescribed minimum, there is doubt whether it was unclean or clean; Or even if it was unclean, there is doubt whether he touched it or not; Any such condition of doubt is deemed unclean. Rabbi Elazar says: if there is a doubt whether he entered, he is clean, but if there is a doubt whether he touched it, he is unclean.

However many doubts and doubts about doubts that you can multiply, a condition of doubt in a private domain is unclean, and in a public domain it is deemed clean. How so? If a man entered an alley and an unclean object was in the courtyard, and a doubt arose as to whether he entered or did not enter [the courtyard]; Or if an object of uncleanness was in a house and there is doubt whether he entered or not; Or even if he entered, there is doubt whether the uncleanness was there or not; Or even if it was there, there is doubt whether it consisted of the prescribed minimum or not; Or even if it consisted of the prescribed minimum, there is doubt whether it was unclean or clean; Or even if it was unclean, there is doubt whether he touched it or not; Any such condition of doubt is deemed unclean. Rabbi Elazar says: if there is a doubt whether he entered, he is clean, but if there is a doubt whether he touched it, he is unclean.

Colonnades: are a private domain in respect of Shabbat and a public domain in respect of the laws of uncleanness. A courtyard into which many people enter by one door and leave by another, is a private domain in respect of Shabbat and a public domain in respect of the laws of cleanness

One who dwells in a courtyard with an am haaretz and forgot some vessels in the courtyard, even though they were jars with tightly fitting lids, or an oven with a tightly fitting cover, they are unclean. Rabbi Judah says that an oven is clean if it has a tightly fitting lid. Rabbi Yose says: even an oven is unclean unless he made for it a partition ten handbreadths high.

One who dwells in a courtyard with an am haaretz and forgot some vessels in the courtyard, even though they were jars with tightly fitting lids, or an oven with a tightly fitting cover, they are unclean. Rabbi Judah says that an oven is clean if it has a tightly fitting lid. Rabbi Yose says: even an oven is unclean unless he made for it a partition ten handbreadths high.

How so? If there was a cistern in a courtyard and three logs [of drawn water] fell into it, it will always remain invalid until the whole of it is removed and a little more, or until [another mikveh containing] forty se'ahs is placed in the courtyard, so that the higher mikveh is rendered valid by the lower. Rabbi Elazer ben Azariah declares it invalid unless the [new mikveh] is stopped up.

How so? If there was a cistern in a courtyard and three logs [of drawn water] fell into it, it will always remain invalid until the whole of it is removed and a little more, or until [another mikveh containing] forty se'ahs is placed in the courtyard, so that the higher mikveh is rendered valid by the lower. Rabbi Elazer ben Azariah declares it invalid unless the [new mikveh] is stopped up.

If one put vessels under a water-spout, whether they be large vessels or small vessels or even vessels of dung, vessels of stone or earthen vessels, they make the mikveh invalid. It is all alike whether they were put there [purposely] or were [merely] forgotten, the words of Bet Shammai. But Bet Hillel declare it clean in the case of one who forgets. Rabbi Meir said: they voted and Bet Shammai had a majority over Bet Hillel. Yet they agree in the case of one who forgets [and leaves vessels] in a courtyard that the mikveh remains clean. Rabbi Yose said: the controversy still remains as it was.

Drawn water and rain water which were mixed together in a courtyard or in a cavity or on the steps of a cave: If the greater part was valid, the whole is valid; And if the greater part is invalid, the whole is invalid. If they were equal in quantity, the whole is invalid. When [does this apply]? When they were mingled together before they arrived at the mikveh. If [the drawn water] flowed into the [rain] water: it was known that there fell in forty seahs of valid water before there came in three logs of drawn water, [the mikveh is] valid; otherwise it is invalid.

So we find that Rebbi Aqiba disagreed with the Sages and did not act upon his opinion. As we have stated there (Mishnah Ahilot 2:6): “Spine and skull from two dead bodies, a limb composed of limbs of two dead bodies, limbs taken from two living persons, Rebbi Aqiba declares them to be impure and the Sages declare them to be pure.” We have stated: “It happened that they brought a chest full of bones from Kefar Tabi to Lod and deposited it in the open air [the courtyard] of the synagogue. Theodoros the physician entered and with him all physicians. Theodoros declared that there was no complete spine from one dead person and no complete skull from one dead person. They said: Since we have here some who declare this pure and others who declare it impure, let us vote upon it. They started with Rebbi Aqiba and he declared it to be pure. They said: Since you had declared it impure, but now you vote for it to be pure, it is pure.”

It happened that Rebbi Eliezer’s maidservant died and his students came to him for condolences but he did not accept. He entered the courtyard, they followed him there. He entered the house, they followed him there. He told them: I was thinking that you would be burned by lukewarm water but you are not burned even by boiling water. Did they not say that one does not accept condolences for slaves because slaves are in this like animals? If one does not accept condolences for unrelated free persons, so much more for slaves. If one’s slave or animal died, people say to him: The Omnipresent may replace your loss.

When does one overturn the couches? From the moment when the dead left the gate of the courtyard, the words of Rebbi Eliezer. But Rebbi Joshua says, from when the cover plate was laid on the grave. And when Rabban Gamliel died, after he left the gate of the courtyard, Rebbi Eliezer said to his students: Overturn the couches. And when the cover plate was laid on the grave, Rebbi Joshua said: Overturn the couches. They said to him: We already did turn them over on the orders of the old man. Friday evening he rights his couch, at the end of Sabbat he overturns them.

When does one overturn the couches? From the moment when the dead left the gate of the courtyard, the words of Rebbi Eliezer. But Rebbi Joshua says, from when the cover plate was laid on the grave. And when Rabban Gamliel died, after he left the gate of the courtyard, Rebbi Eliezer said to his students: Overturn the couches. And when the cover plate was laid on the grave, Rebbi Joshua said: Overturn the couches. They said to him: We already did turn them over on the orders of the old man. Friday evening he rights his couch, at the end of Sabbat he overturns them.

Rebbi Judan said in his own name: Flesh and blood has a protector. If someone is in trouble, he does not enter the protector’s place suddenly but rather stands at his door and calls his slave or familiar and that one will say: the man X is standing at the door of your courtyard. Maybe he will make him enter, maybe he will let him stand. But the Holy One, praise to Him, is not like this: If a human is in trouble, he should cry neither to Michael nor to Gabriel, rather he should cry to Me and I shall answer him immediately; that is what is written (Joel 3:5): “Every one who calls on the name of the Eternal will escape.”

Rebbi Phineas gave on this subject two sermons, one in the name of Rebbi Zeïra, the other in the name of Rebbi Tanḥum bar Ḥanilai. Rebbi Phineas said in the name of Rebbi Zeïra, flesh and blood has a protector. If he bothers him too much, he will say: “There is X who will bother me.” But the Holy One, praise to Him, is not like that; He will receive you with all that you might bother him with. That is what is written (Ps. 55:23) “Throw on the Eternal your burden and He will provide for you!” Rebbi Phineas said in the name of Rebbi Tanḥum bar Ḥanilai, flesh and blood has a protector. Enemies come and grab him at the door of his protector’s courtyard. While he is crying and before someone could come out, the sword already passes over his neck and kills him. But the Holy One, praise to Him, saved Jehoshaphat from the sword of the Syrians as it is written (2Chr. 18:34): “Jehoshaphat cried, the Eternal helped him and God turned them away from him.” That shows that only the cutting off of the head was missing, but God deflected them from him.

Ulla bar Ismael in the name of Rebbi Joḥanan: Rebbi and Rebbi Yose ben Rebbi Jehudah entered to eat of late fruits; the watchman shouted at them, and Rebbi Yose ben Rebbi Jehudah stopped. Rebbi told him: eat, because the owners already gave up their expectations for them! Rebbi Joḥanan asked: He shouted, and you say so? Rebbi Jonah said, he objects rightfully. But does not a Mishnah disagree: “ Calamint, hyssop, and thyme in the courtyard are obligated if they are tended.” Hence, in the garden they are free even if they are watched. There, he may say, the entire world is before you, but here, there is one basketful and I am watching it for my employer.

“But they are forbidden because of the bad impression.” Rav said that everything forbidden because of a bad impression is forbidden even in the most private room. A baraita contradicts Rav: “One should not make a visible fringe of linen dyed with soot, but for mattresses and pillows it is permitted.” A baraita contradicts Rav: “If one’s coins were strewn before an idol he should not bow down to collect them lest he look as if he was prostrating himself before the idol. But if it occurred at a hidden place it is permitted.” A baraita contradicts Rav: “In a fortified place one should not put his face on gargoyles in the form of faces lest he look as if he was kissing an idol. But if it occurred at a hidden place it is permitted.” A Mishnah contradicts Rav: “One does not slaughter into a pit in the ground but he may dig a pit in his house so that the blood may be collected there. In public, he should not do it so as not to imitate the sectarians.” A baraita contradicts Rav: “Once he arrived at the outermost courtyard he may spread them out in the sun but not where it is generally visible.” A baraita contradicts Rav: “One does not pour water on the Sabbath into a sewage pipe covered the length of four cubits.” We have stated on this: If water was flowing in it it is permitted, in the winter it is permitted. If aquaeduct pipes spout it is forbidden. Bar Qappara stated that if it occurred at a hidden place it is permitted. All these statements contradict Rav and he cannot explain them.

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

It was stated: “And all those which remained from the sixth year into the Sabbatical belong to the sixth except for nasturtium which is like a vegetable.” Rebbi Abbahu in the name of Rebbi Joḥanan: There is no [rule that] “from the sixth year into the Sabbatical they belong to the sixth” but [they belong] to the Sabbatical. But did we not state: “Calamint, hyssop, and thyme he brought to the courtyard, (but) if it was from the second year into the third they belong to the third; from the sixth year into the Sabbatical they belong to the sixth?” Here, you count the past [year], there the coming! Rebbi Yose said, in the third and sixth years, even though there is no second tithe, there are tithes; in the Sabbatical there is no tithe whatsoever. But did not Rebbi Abbahu say in the name of Rebbi Joḥanan: There is no “from the sixth year into the Sabbatical they belong to the sixth” but they belong to the Sabbatical? There it is in the possession of the landowners, here it is in the possession of the poor. He prefers one which is certain to two which are possible.

Why did we not state “calamint, hyssop, and thyme” with them? That you should not say, these if guarded in the courtyard are obligated, those if guarded in the courtyard are free. But these and those if guarded in the courtyard are obligated; these if guarded in the garden plot are obligated, those if they are guarded in the garden plot are free. But these and those if guarded in the garden plot are free! Why did we state only these? That you should not say that since most of these kinds come from forbidden growth they all should be forbidden; therefore it is necessary to say they are permitted.

Why did we not state “calamint, hyssop, and thyme” with them? That you should not say, these if guarded in the courtyard are obligated, those if guarded in the courtyard are free. But these and those if guarded in the courtyard are obligated; these if guarded in the garden plot are obligated, those if they are guarded in the garden plot are free. But these and those if guarded in the garden plot are free! Why did we state only these? That you should not say that since most of these kinds come from forbidden growth they all should be forbidden; therefore it is necessary to say they are permitted.

Why did we not state “calamint, hyssop, and thyme” with them? That you should not say, these if guarded in the courtyard are obligated, those if guarded in the courtyard are free. But these and those if guarded in the courtyard are obligated; these if guarded in the garden plot are obligated, those if they are guarded in the garden plot are free. But these and those if guarded in the garden plot are free! Why did we state only these? That you should not say that since most of these kinds come from forbidden growth they all should be forbidden; therefore it is necessary to say they are permitted.

Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan: If somebody wanted to change his mind after he had promised a gift to another person, he may change his mind. Rebbi Yose was with Rebbi Jacob bar Zavdi; he said to him: Is that just no (Lev. 19:36) “and just yes?” He said, when he said it, it was a just yes. Rav disagrees since Rav said, when I tell my family to give a gift to somebody, I never change my mind. A baraita disagrees with Rav: “ Where did they say that movables are acquired by being drawn close? In the public domain or in a courtyard which is not their joint property. In the domain of the buyer, when the deal was accepted; in the domain of the seller one never acquires until either he lift it up or he draw and remove everything from the prior owner’s property. In the domain of a depositary he cannot acquire unless he gave permission or rented their place out to him.” What does Rav do with this? One is if he was standing with him, the other if he was not standing with him. Rav disagrees since Rav said, when I tell my family to give a gift to somebody, I never change my mind. You should know because somebody had given surety on salt; it rose in price. He came before Rav who said, either he should give corresponding to the surety or he should be given up to “Him who made pay”. The arguments of Rav are contradictory. There he says, when I tell my family to give a gift to somebody, I never change my mind and here he says so? There it is for a legal rule; what Rav did himself was a measure of piety.

MISHNAH: If he was eating a bunch of grapes and entered from the garden into the courtyard. Rebbi Eliezer said, he should finish, but Rebbi Joshua said, he should not finish. If it got dark on Sabbath eve, Rebbi Eliezer said, he should finish, but Rebbi Joshua said, he should not finish.

HALAKHAH: There, we have stated: “If a vine is planted in the courtyard, one may take an entire bunch, and similarly for pomegranate and water melon, the words of Rebbi Ṭarphon.” Rebbi Zeïra, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: Rebbi Ṭarphon says following Rebbi Eliezer. Rebbi Ṭarphon says, one makes the cut of food equal to its start. Rebbi Illa, Rebbi Assi in the name of Rebbi Joḥanan: Either Rebbi Ṭarphon follows Rebbi Eliezer or Rebbi Ṭarphon makes a meal consisting of two or three snacks equal to one snack. What is the reason of Rebbi Eliezer? Because he started with permission. It was stated: “Rebbi Nathan said, not that Rebbi Eliezer said because he started with permission but Rebbi Eliezer holds he should wait until the end of the Sabbath or he should leave the courtyard again and finish.”

HALAKHAH: There, we have stated: “If a vine is planted in the courtyard, one may take an entire bunch, and similarly for pomegranate and water melon, the words of Rebbi Ṭarphon.” Rebbi Zeïra, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: Rebbi Ṭarphon says following Rebbi Eliezer. Rebbi Ṭarphon says, one makes the cut of food equal to its start. Rebbi Illa, Rebbi Assi in the name of Rebbi Joḥanan: Either Rebbi Ṭarphon follows Rebbi Eliezer or Rebbi Ṭarphon makes a meal consisting of two or three snacks equal to one snack. What is the reason of Rebbi Eliezer? Because he started with permission. It was stated: “Rebbi Nathan said, not that Rebbi Eliezer said because he started with permission but Rebbi Eliezer holds he should wait until the end of the Sabbath or he should leave the courtyard again and finish.”

That means that the house creates ṭevel for its owner but not for others. Rebbi Eleazar said, Rebbi Jehudah and Rebbi Neḥemiah said the same thing as we have stated: “Rebbi Neḥemiah says, every [courtyard] in which a person is not ashamed to eat obligates.” Rebbi Yose said, we thought that Rebbi Neḥemiah and the other rabbis disagree about a courtyard in which he would be ashamed to eat anywhere. That means, not one in which he would be ashamed at some place but not at another. Since Rebbi Eleazar said Rebbi Jehudah and Rebbi Neḥemiah said the same thing, this implies that a place where he would be ashamed is free and one where he would not be ashamed is obligated.

That means that the house creates ṭevel for its owner but not for others. Rebbi Eleazar said, Rebbi Jehudah and Rebbi Neḥemiah said the same thing as we have stated: “Rebbi Neḥemiah says, every [courtyard] in which a person is not ashamed to eat obligates.” Rebbi Yose said, we thought that Rebbi Neḥemiah and the other rabbis disagree about a courtyard in which he would be ashamed to eat anywhere. That means, not one in which he would be ashamed at some place but not at another. Since Rebbi Eleazar said Rebbi Jehudah and Rebbi Neḥemiah said the same thing, this implies that a place where he would be ashamed is free and one where he would not be ashamed is obligated.

Rebbi Joḥanan said, Rebbi Jehudah implies that they made it like a branch hanging into the courtyard. In the opinion of Rebbi Joḥanan, if he eats single ones, eats in a public place, and leaves some remainder. In the opinion of Rebbi Eleazar, even if he does not eat single ones, even if he does not eat in a public place and leaves no remainder.

Rebbi Hila in the name of Rebbi Eleazar: Just as they differ here they differ about a secure courtyard since Rebbi Joḥanan said that [the rules of] buying, courtyard, and Sabbath are not biblical. Rebbi Immi in the name of Rebbi Simeon ben Laqish, the most reasonable of these is the secure courtyard.

Rebbi Hila in the name of Rebbi Eleazar: Just as they differ here they differ about a secure courtyard since Rebbi Joḥanan said that [the rules of] buying, courtyard, and Sabbath are not biblical. Rebbi Immi in the name of Rebbi Simeon ben Laqish, the most reasonable of these is the secure courtyard.

Rebbi Hila in the name of Rebbi Eleazar: Just as they differ here they differ about a secure courtyard since Rebbi Joḥanan said that [the rules of] buying, courtyard, and Sabbath are not biblical. Rebbi Immi in the name of Rebbi Simeon ben Laqish, the most reasonable of these is the secure courtyard.

MISHNAH: If somebody transports figs through his courtyard to cut them into pieces, his children and companions may eat and they are free; the same holds for laborers who work for him as long as they cannot claim their meals from him. But those who can claim their meals from him may not eat. If somebody takes his workers out to the field, if they have no claim to meals from him, they eat and are free. But if they can claim meals from him they may eat single fruits from the fig tree but not from the basket or the box or the muqẓeh. If somebody hires a laborer to work with him on olive trees and said to him “on condition to be able to eat olives,” he eats one by one and if he takes them together he is obligated. To thin out onions, if he said to him “on condition to be able to eat vegetables” he snips off leaf by leaf and eats but if he takes them together he is obligated.

It was stated: All that was brought from the field to town became ṭevel. The baraita is Rebbi’s, as it was stated: “ If somebody brought figs from the field to eat them in his unprotected courtyard, then forgot and brought them into his house or the children brought them, he may bring them back to their intended place and eat.” They said that only concerning error; therefore, if intentional it is forbidden. Who stated this? Rebbi! As it was stated: “ If somebody brought figs from the field to eat them on his roof, Rebbi obligates, Rebbi Yose ben Rebbi Jehudah frees.” It is as it was stated, “if somebody transports figs through his courtyard to cut them into pieces;” therefore, if it is not to cut into pieces he is obligated.

It was stated: All that was brought from the field to town became ṭevel. The baraita is Rebbi’s, as it was stated: “ If somebody brought figs from the field to eat them in his unprotected courtyard, then forgot and brought them into his house or the children brought them, he may bring them back to their intended place and eat.” They said that only concerning error; therefore, if intentional it is forbidden. Who stated this? Rebbi! As it was stated: “ If somebody brought figs from the field to eat them on his roof, Rebbi obligates, Rebbi Yose ben Rebbi Jehudah frees.” It is as it was stated, “if somebody transports figs through his courtyard to cut them into pieces;” therefore, if it is not to cut into pieces he is obligated.

Rebbi Ulla ben Rebbi Ismael in the name of Rebbi Eleazar: Rebbi and Rebbi Yose ben Rebbi Jehudah brought the harvesting basket over the back of the roofs. Rebbi Jehudah ben Rebbi Ilaї saw them and said, look what the difference is between you and the earlier generations. Rebbi Aqiba bought three different kinds for a peruṭah in order to tithe every kind separately but you bring the harvesting basket over the back of the roofs! Why over the back of the roofs, even if he brings them into his courtyard with the intention to eat them on the roof! Is that not the opinion of Rebbi Yose ben Rebbi Jehudah? Because of Rebbi who was with him. An old man saw them and said to them, would you give me some of these? They said, yes. He said to them, you did not give to your father in Heaven, only to me!

Rebbi Joḥanan follows Rebbi, Rebbi Simeon ben Laqish Rebbi Yose ben Rebbi Jehudah. Does Rebbi Joḥanan follow Rebbi? Even if he would hold with Rebbi Yose ben Rebbi Jehudah, the Sabbath is more powerful since windfall which falls by itself is forbidden. Does Rebbi Simeon ben Laqish follow Rebbi Yose ben Rebbi Jehudah? Even if he would follow Rebbi, since a secure courtyard is more powerful as Rebbi Joḥanan said, buying, courtyard, and Sabbath are not biblical. Rebbi Immi in the name of Rebbi Simeon [ben Laqish], the most reasonable of these is the secure courtyard.

Rebbi Joḥanan follows Rebbi, Rebbi Simeon ben Laqish Rebbi Yose ben Rebbi Jehudah. Does Rebbi Joḥanan follow Rebbi? Even if he would hold with Rebbi Yose ben Rebbi Jehudah, the Sabbath is more powerful since windfall which falls by itself is forbidden. Does Rebbi Simeon ben Laqish follow Rebbi Yose ben Rebbi Jehudah? Even if he would follow Rebbi, since a secure courtyard is more powerful as Rebbi Joḥanan said, buying, courtyard, and Sabbath are not biblical. Rebbi Immi in the name of Rebbi Simeon [ben Laqish], the most reasonable of these is the secure courtyard.

Rebbi Joḥanan follows Rebbi, Rebbi Simeon ben Laqish Rebbi Yose ben Rebbi Jehudah. Does Rebbi Joḥanan follow Rebbi? Even if he would hold with Rebbi Yose ben Rebbi Jehudah, the Sabbath is more powerful since windfall which falls by itself is forbidden. Does Rebbi Simeon ben Laqish follow Rebbi Yose ben Rebbi Jehudah? Even if he would follow Rebbi, since a secure courtyard is more powerful as Rebbi Joḥanan said, buying, courtyard, and Sabbath are not biblical. Rebbi Immi in the name of Rebbi Simeon [ben Laqish], the most reasonable of these is the secure courtyard.

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: 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: 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: 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: 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: 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.

HALAKHAH: Which courtyard is obligated? It was stated: Rebbi Ismael says, any with a watchman sitting and watching at the door.

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

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

MISHNAH: From a fig tree standing in a courtyard, one may eat one by one and if he took them together he is obligated. Rebbi Simeon says, one in his right hand, one in his left hand, and one in his mouth. If he climbed to the top of the tree he may fill the fold of his toga and eat. From a vine planted in a courtyard one may take an entire bunch; the same holds for a pomegranate and a watermelon, the words of Rebbi Ṭarphon. Rebbi Aqiba says, he takes single grape berries, single seeds of a pomegranate, and picks from the watermelon. Of coriander sown in the courtyard he snips off leaf by leaf and eats; when he takes them together they are obligated. Calamint, hyssop, and thyme in the courtyard are obligated if they are guarded. If a fig tree was standing in a courtyard but its crown was hanging over a vegetable garden, one eats as usual and is free. If it was standing in a vegetable garden but its crown was hanging over a courtyard, one eats one by one and if he takes them together he is obligated. If it was standing in the Land and hanging over outside the Land or standing outside the Land and hanging over the Land, everything is determined by the stem. For houses of walled cities, everything is determined by the stem. For cities of refuge, all goes by the crown, for Jerusalem all goes by the crown.

MISHNAH: From a fig tree standing in a courtyard, one may eat one by one and if he took them together he is obligated. Rebbi Simeon says, one in his right hand, one in his left hand, and one in his mouth. If he climbed to the top of the tree he may fill the fold of his toga and eat. From a vine planted in a courtyard one may take an entire bunch; the same holds for a pomegranate and a watermelon, the words of Rebbi Ṭarphon. Rebbi Aqiba says, he takes single grape berries, single seeds of a pomegranate, and picks from the watermelon. Of coriander sown in the courtyard he snips off leaf by leaf and eats; when he takes them together they are obligated. Calamint, hyssop, and thyme in the courtyard are obligated if they are guarded. If a fig tree was standing in a courtyard but its crown was hanging over a vegetable garden, one eats as usual and is free. If it was standing in a vegetable garden but its crown was hanging over a courtyard, one eats one by one and if he takes them together he is obligated. If it was standing in the Land and hanging over outside the Land or standing outside the Land and hanging over the Land, everything is determined by the stem. For houses of walled cities, everything is determined by the stem. For cities of refuge, all goes by the crown, for Jerusalem all goes by the crown.

MISHNAH: From a fig tree standing in a courtyard, one may eat one by one and if he took them together he is obligated. Rebbi Simeon says, one in his right hand, one in his left hand, and one in his mouth. If he climbed to the top of the tree he may fill the fold of his toga and eat. From a vine planted in a courtyard one may take an entire bunch; the same holds for a pomegranate and a watermelon, the words of Rebbi Ṭarphon. Rebbi Aqiba says, he takes single grape berries, single seeds of a pomegranate, and picks from the watermelon. Of coriander sown in the courtyard he snips off leaf by leaf and eats; when he takes them together they are obligated. Calamint, hyssop, and thyme in the courtyard are obligated if they are guarded. If a fig tree was standing in a courtyard but its crown was hanging over a vegetable garden, one eats as usual and is free. If it was standing in a vegetable garden but its crown was hanging over a courtyard, one eats one by one and if he takes them together he is obligated. If it was standing in the Land and hanging over outside the Land or standing outside the Land and hanging over the Land, everything is determined by the stem. For houses of walled cities, everything is determined by the stem. For cities of refuge, all goes by the crown, for Jerusalem all goes by the crown.

MISHNAH: From a fig tree standing in a courtyard, one may eat one by one and if he took them together he is obligated. Rebbi Simeon says, one in his right hand, one in his left hand, and one in his mouth. If he climbed to the top of the tree he may fill the fold of his toga and eat. From a vine planted in a courtyard one may take an entire bunch; the same holds for a pomegranate and a watermelon, the words of Rebbi Ṭarphon. Rebbi Aqiba says, he takes single grape berries, single seeds of a pomegranate, and picks from the watermelon. Of coriander sown in the courtyard he snips off leaf by leaf and eats; when he takes them together they are obligated. Calamint, hyssop, and thyme in the courtyard are obligated if they are guarded. If a fig tree was standing in a courtyard but its crown was hanging over a vegetable garden, one eats as usual and is free. If it was standing in a vegetable garden but its crown was hanging over a courtyard, one eats one by one and if he takes them together he is obligated. If it was standing in the Land and hanging over outside the Land or standing outside the Land and hanging over the Land, everything is determined by the stem. For houses of walled cities, everything is determined by the stem. For cities of refuge, all goes by the crown, for Jerusalem all goes by the crown.

MISHNAH: From a fig tree standing in a courtyard, one may eat one by one and if he took them together he is obligated. Rebbi Simeon says, one in his right hand, one in his left hand, and one in his mouth. If he climbed to the top of the tree he may fill the fold of his toga and eat. From a vine planted in a courtyard one may take an entire bunch; the same holds for a pomegranate and a watermelon, the words of Rebbi Ṭarphon. Rebbi Aqiba says, he takes single grape berries, single seeds of a pomegranate, and picks from the watermelon. Of coriander sown in the courtyard he snips off leaf by leaf and eats; when he takes them together they are obligated. Calamint, hyssop, and thyme in the courtyard are obligated if they are guarded. If a fig tree was standing in a courtyard but its crown was hanging over a vegetable garden, one eats as usual and is free. If it was standing in a vegetable garden but its crown was hanging over a courtyard, one eats one by one and if he takes them together he is obligated. If it was standing in the Land and hanging over outside the Land or standing outside the Land and hanging over the Land, everything is determined by the stem. For houses of walled cities, everything is determined by the stem. For cities of refuge, all goes by the crown, for Jerusalem all goes by the crown.

MISHNAH: From a fig tree standing in a courtyard, one may eat one by one and if he took them together he is obligated. Rebbi Simeon says, one in his right hand, one in his left hand, and one in his mouth. If he climbed to the top of the tree he may fill the fold of his toga and eat. From a vine planted in a courtyard one may take an entire bunch; the same holds for a pomegranate and a watermelon, the words of Rebbi Ṭarphon. Rebbi Aqiba says, he takes single grape berries, single seeds of a pomegranate, and picks from the watermelon. Of coriander sown in the courtyard he snips off leaf by leaf and eats; when he takes them together they are obligated. Calamint, hyssop, and thyme in the courtyard are obligated if they are guarded. If a fig tree was standing in a courtyard but its crown was hanging over a vegetable garden, one eats as usual and is free. If it was standing in a vegetable garden but its crown was hanging over a courtyard, one eats one by one and if he takes them together he is obligated. If it was standing in the Land and hanging over outside the Land or standing outside the Land and hanging over the Land, everything is determined by the stem. For houses of walled cities, everything is determined by the stem. For cities of refuge, all goes by the crown, for Jerusalem all goes by the crown.

There, we have stated: “If he was eating a bunch of grapes and entered into the courtyard from the garden. Rebbi Eliezer said, he should finish, but Rebbi Joshua said, he should not finish.” Rebbi Zeїra in the name of Rebbi Joḥanan: Either Rebbi Ṭarphon says following Rebbi Eliezer or Rebbi Ṭarphon says, one makes the cut of food equal to its start. Rebbi Illa, Rebbi Assi in the name of Rebbi Joḥanan: Either Rebbi Ṭarphon follows Rebbi Eliezer or Rebbi Ṭarphon makes one snack containing two or three snacks equal to one snack. What is the reason of Rebbi Eliezer? Because he started with permission. It was stated: “Rebbi Nathan said, not that Rebbi Eliezer said because he started with permission but Rebbi Eliezer holds he should wait until the end of the Sabbath or he should leave the courtyard again and finish.”

There, we have stated: “If he was eating a bunch of grapes and entered into the courtyard from the garden. Rebbi Eliezer said, he should finish, but Rebbi Joshua said, he should not finish.” Rebbi Zeїra in the name of Rebbi Joḥanan: Either Rebbi Ṭarphon says following Rebbi Eliezer or Rebbi Ṭarphon says, one makes the cut of food equal to its start. Rebbi Illa, Rebbi Assi in the name of Rebbi Joḥanan: Either Rebbi Ṭarphon follows Rebbi Eliezer or Rebbi Ṭarphon makes one snack containing two or three snacks equal to one snack. What is the reason of Rebbi Eliezer? Because he started with permission. It was stated: “Rebbi Nathan said, not that Rebbi Eliezer said because he started with permission but Rebbi Eliezer holds he should wait until the end of the Sabbath or he should leave the courtyard again and finish.”

It was stated in the name of Rebbi Neḥemiah: “A courtyard which regularly is being weeded is like a vegetable garden.” Rebbi Simlai said, practice follws Rebbi Neḥemiah. It was stated: If most of it was sown it is obligated, if planted it is free. Rav Ḥisda said, only if he planted to embellish the courtyard. This infers from that and that infers from this. This infers from that, if most of it was sown, it is obligated if it is weeded. That infers from this, if it was weeded it is acceptable only if most of it was weeded.

It was stated in the name of Rebbi Neḥemiah: “A courtyard which regularly is being weeded is like a vegetable garden.” Rebbi Simlai said, practice follws Rebbi Neḥemiah. It was stated: If most of it was sown it is obligated, if planted it is free. Rav Ḥisda said, only if he planted to embellish the courtyard. This infers from that and that infers from this. This infers from that, if most of it was sown, it is obligated if it is weeded. That infers from this, if it was weeded it is acceptable only if most of it was weeded.

This means “one eats as usual and is free”, when he is standing in the garden; this means “if one eats one by one he is free but if he takes them together he is obligated” if he stands in the courtyard.

HALAKHAH: Fire creates ṭevel, buying creates ṭevel, salt creates ṭevel, heave creates ṭevel, the Sabbath creates ṭevel, a secure courtyard creates ṭevel, but Rebbi Joḥanan said that buying and Sabbath are not biblical. Rebbi Immi in the name of Rebbi Simeon ben Laqish, the most reasonable of these is the secure courtyard.