ditches

And he said, Thus saith the LORD, Make this valley full of ditches.

And at the third corner they dug ditches without number, between the city and the river which surrounded the whole land of Cush, and they made the waters of the river burst forth there.

And when they came to the place of the ditches, the waters revolved by mills, and two hundred men upon ten rafts were drowned.

Now the Jebusites, who were the inhabitants of Jerusalem, and were by extraction Canaanites, shut their gates, and placed the blind, and the lame, and all their maimed persons, upon the wall, in way of derision of the king, and said that the very lame themselves would hinder his entrance into it. This they did out of contempt of his power, and as depending on the strength of their walls. David was hereby enraged, and began the siege of Jerusalem, and employed his utmost diligence and alacrity therein, as intending by the taking of this place to demonstrate his power, and to intimidate all others that might be of the like [evil] disposition towards him. So he took the lower city by force, but the citadel held out still; whence it was that the king, knowing that the proposal of dignities and rewards would encourage the soldiers to greater actions, promised that he who should first go over the ditches that were beneath the citadel, and should ascend to the citadel itself and take it, should have the command of the entire people conferred upon him. So they all were ambitious to ascend, and thought no pains too great in order to ascend thither, out of their desire of the chief command. However, Joab, the son of Zeruiah, prevented the rest; and as soon as he was got up to the citadel, cried out to the king, and claimed the chief command.

As this city was naturally hard to be taken, so had Josephus, by building a wall about it, made it still stronger, as also by ditches and mines under ground. The people that were in it were made more bold by the nature of the place than the people of Jotapata had been, but it had much fewer fighting men in it; and they had such a confidence in the situation of the place, that they thought the enemy could not be too many for them; for the city had been filled with those that had fled to it for safety, on account of its strength; on which account they had been able to resist those whom Agrippa sent to besiege it for seven months together.

But Vespasian removed from Emmaus, where he had last pitched his camp before the city Tiberias, [now Emmaus, if it be interpreted, may be rendered "a warm bath," for therein is a spring of warm water, useful for healing,] and came to Gamala; yet was its situation such that he was not able to encompass it all round with soldiers to watch it; but where the places were practicable, he set men to watch it, and seized upon the mountain which was over it. And as the legions, according to their usual custom, were fortifying their camp upon that mountain, he began to cast up banks at the bottom, at the part towards the east, where the highest tower of the whole city was, and where the fifteenth legion pitched their camp; while the fifth legion did duty over against the midst of the city, and whilst the tenth legion filled up the ditches and the valleys. Now at this time it was that as king Agrippa was come nigh the walls, and was endeavoring to speak to those that were on the walls about a surrender, he was hit with a stone on his right elbow by one of the slingers; he was then immediately surrounded with his own men. But the Romans were excited to set about the siege, by their indignation on the king's account, and by their fear on their own account, as concluding that those men would omit no kinds of barbarity against foreigners and enemies, who where so enraged against one of their own nation, and one that advised them to nothing but what was for their own advantage.

So now the last hope which supported the tyrants, and that crew of robbers who were with them, was in the caves and caverns under ground; whither, if they could once fly, they did not expect to be searched for; but endeavored, that after the whole city should be destroyed, and the Romans gone away, they might come out again, and escape from them. This was no better than a dream of theirs; for they were not able to lie hid either from God or from the Romans. However, they depended on these under-ground subterfuges, and set more places on fire than did the Romans themselves; and those that fled out of their houses thus set on fire into the ditches, they killed without mercy, and pillaged them also; and if they discovered food belonging to any one, they seized upon it and swallowed it down, together with their blood also; nay, they were now come to fight one with another about their plunder; and I cannot but think that, had not their destruction prevented it, their barbarity would have made them taste of even the dead bodies themselves.

These were the officers in the Temple: Yohanan the son of Pinchas was over the seals. Ahiyah over the libations. Mattityah the son of Shmuel over the lots. Petahiah over the bird-offering. (Petahiah was Mordecai. Why was his name called Petahiah? Because he ‘opened’ matters and expounded them, and he understood the seventy tongues). The son of Ahijah over the sickness of the bowels. Nehuniah, the digger of ditches. Gevini, the crier. The son of Gever over the locking of the gates. The son of Bevai over the strips [for lighting the menorah]. The son of Arza over the cymbal. Hugras the son of Levi over the song. The house of Garmu over the making of the showbread. The house of Avtinas over the preparing of the frankincense. Elazar over the curtains. And Pinchas over the priestly vestments.

If [rain] falls for crops but not for the trees, for the trees but not for crops, for both of these but not for cisterns, ditches and caves they sound a blast immediately.

For every trouble that should not come upon the community they sound a blast except on account of too much rain. It happened that they said to Honi the circle drawer: “Pray for rain to fall.” He replied: “Go and bring in the pesah ovens so that they do not dissolve.” He prayed and no rain fell. What did he do? He drew a circle and stood within it and exclaimed before Him: “Master of the universe, Your children have turned their faces to me because I am like one who was born in Your house. I swear by Your great name that I will not move from here until You have mercy upon Your children.” Rain then began to drip, and he exclaimed: “I did not request this but rain [which can fill] cisterns, ditches and caves. The rain then began to come down with great force, and he exclaimed: “I did not request this but pleasing rain of blessing and abundance.” Rain then fell in the normal way until the Jews in Jerusalem had to go up Temple Mount because of the rain. They came and said to him: “In the same way that you prayed for [the rain] to fall pray [now] for the rain to stop.” He replied: “Go and see if the stone of people claiming lost objects has washed away.” Rabbi Shimon ben Shetah sent to him: “Were you not Honi I would have excommunicated you, but what can I do to you, for you are spoiled before God and he does your will like a son that is spoiled before his father and his father does his request. Concerning you it is written, “Let your father and your mother rejoice, and let she that bore you rejoice” (Proverbs 23:25).

They may water an irrigated field during the festival [week] or in the sabbatical year, both from a newly-emerging spring and from a spring that is not just emerged. But they may not water the field with water from stored rain, and not with a swipe and bucket. And they may not make small ditches around the vines.

If a man dug a pit in a private domain and opened it into the public domain, or if he dug it in the public domain and opened it into a private domain, or if he dug it in a private domain and opened it into another private domain, he is liable [if any is injured by the pit]. If he dug a pit in the public domain and an ox or ass fell into and died, he is liable. No matter whether he digs a pit, trench, or cavern, or ditches or channels he is liable. If so, why does it say “a pit” (Exodus 21:33)? Just as a pit which is deep enough to cause death is ten handbreadths deep, so anything is deep enough to cause death if it is ten handbreadths deep. If they were less than ten handbreadths deep and an ox or an ass fell in and died, the owner is not liable; but if it was damaged he is liable.

If a man said to his fellow, “I will sell you half of the field”, it must be divided between them into portions of equal value, and the buyer takes half of the field [which the other allots to him]. [If he said, “I will sell you] the southern half”, the field must be divided between them into portions of equal value, and the buyer takes the southern half. He accepts responsibility for [providing the ground] for the dividing wall and the large and small ditches. How large is the large ditch? Six handbreadths. And the small ditch? Three handbreadths.

If a corpse fell into it or an unclean person walked in it, and a clean person drank of it, he is clean. The same rule applies to the water of pools, the water of cisterns, the water of ditches, the water of caverns, the water of rain flows which have stopped, and mikvehs of less than forty seahs. They are all clean during the time of rain; When the rain has stopped those near to a city or to a road are unclean, and those distant remain clean until the majority of people pass [that way].

If a wave was separated [from the sea] and was forty seahs, and it fell on a man or on vessels, they become clean. Any place containing forty seahs is valid for immersing oneself and for immersing other things. One may immerse in trenches or in ditches or even in a donkey-track whose water is connected in a valley. Bet Shammai say: one may immerse in a rain torrent. But Bet Hillel say: one may not immerse. They agree that one may block its flow with vessels and immerse oneself in it, but the vessels with which the flow is blocked are not thereby [validly] immersed.

The sweat of houses, of cisterns, of ditches and caverns does not cause susceptibility to uncleanness. A man's perspiration does not cause susceptibility to uncleanness. If a man drank unclean water and perspired, his perspiration does not cause susceptibility to uncleanness. If he entered into drawn water and perspired, his perspiration causes susceptibility to uncleanness. If he dried himself and then perspired, his perspiration does not cause susceptibility to uncleanness.

Rebbi Ḥaggai in the name of Rebbi Samuel bar Naḥman: It happened that a pious person used to dig cisterns, ditches, and caves for travellers. Once, his daughter travelled to marry and she was swept away by a river. All people came to him and wanted to console him, but he refused to be consoled. Rebbi Phineas ben Yaïr came to him and wanted to console him, but he refused to be consoled. He told them, is that your pious man? They said to him: Rabbi, such and such he did, such and such happened to him. He replied: It is impossible that he would honor his Creator by water and He hurts him by water! Immediately, there started a rumor in the town that the pious man’s daughter had returned. Some say, she got trapped in a hedge of thorns, others say that an angel came in the appearance of Rebbi Phineas ben Yaïr and saved her.

According to R. Joḥanan it is obvious that one is permitted to dig in it cisterns, ditches, and caves. According to R. Eleazar, may one dig in it cisterns, ditches, and caves? If the verses have no implication for prohibition they cannot have implications for permission.

According to R. Joḥanan it is obvious that one is permitted to dig in it cisterns, ditches, and caves. According to R. Eleazar, may one dig in it cisterns, ditches, and caves? If the verses have no implication for prohibition they cannot have implications for permission.

There, we have stated: “Everything inside the wall is like houses of a walled city except fields. Rebbi Meïr says, including fields.” “ What is the reason of the rabbis? (Lev. 25:30) ‘The house stands.’ Not only houses; from where do we include oilpresses, cisterns, ditches, caves, bathhouses, dovecots, and towers? The verse says, ‘which is in the city’. I could think, also fields? The verse says, ‘the house.’ The house is special in that it is a dwelling, that excludes fields which are not for dwelling. What is the reason of Rebbi Meїr? ‘The house stands.’ Not only houses; from where do we include oilpresses, cisterns, ditches, caves, bathhouses, dovecots, towers, and fields? The verse says, ‘which is in the city’.”

There, we have stated: “Everything inside the wall is like houses of a walled city except fields. Rebbi Meïr says, including fields.” “ What is the reason of the rabbis? (Lev. 25:30) ‘The house stands.’ Not only houses; from where do we include oilpresses, cisterns, ditches, caves, bathhouses, dovecots, and towers? The verse says, ‘which is in the city’. I could think, also fields? The verse says, ‘the house.’ The house is special in that it is a dwelling, that excludes fields which are not for dwelling. What is the reason of Rebbi Meїr? ‘The house stands.’ Not only houses; from where do we include oilpresses, cisterns, ditches, caves, bathhouses, dovecots, towers, and fields? The verse says, ‘which is in the city’.”

In the opinion of Rebbi Jehudah, what is the difference between him who plants on his own property and provines into the public domain and him who plants on his own and provines into his own and a public road is in between? Rebbi Ammi said, Rebbi Jehudah holds with Rebbi Eliezer, as we have stated there: “One may not make a cavity under the public domain, cisterns, ditches, or caverns. Rebbi Eliezer permits it if a truck loaded with stones can pass over it.” As Rebbi Eliezer said there, under the public domain, it is his, so Rebbi Jehudah said here, under the public domain, it is his. Rebbi Samuel ben Rav Isaac asked, if it follows Rebbi Eliezer, he should bring and make the declaration. Rebbi Yose said, Rebbi Samuel ben Rav Isaac thought that Rebbi Eliezer permits to do that and it remains his permanent property, but Rebbi Eliezer permits to do that but anybody quick to acquire does acquire it.

If He stated a general principle as a positive commandment but the detail as a prohibition, the word of Rebbi Eleazar is that this is a general principle followed by a detail. Rebbi Eleazar said, one whips for ploughing in the Sabbatical year. Rebbi Joḥanan said, one does not whip for ploughing in the Sabbatical year. What is Rebbi Eleazar’s reason? The Land shall keep a Sabbath for the Eternal, a general principle. Your field you shall not sow, your vineyard you shall not prune, detail. Sowing and pruning were included in the general case; why were they mentioned separately? To include with them; since sowing and pruning are particular in that they perform work on the soil or on a tree, I have only what is work on the soil or on a tree. How does Rebbi Joḥanan treat this? They are two different things, and two different details for one general principle do divide. In Rebbi Eleazar’s opinion do they not divide? He holds that because they do not divide, they are for making inferences. In Rebbi Joḥanan’s opinion, are they not for making inferences? There is a difference here because He stated a general principle as a positive commandment but the detail as prohibitions. No positive commandment allows inferences for a prohibition and no prohibition allows inferences for a positive commandment. Rebbi Eleazar said, a positive commandment allows inferences for a prohibition but no prohibition allows inferences for a positive commandment. In Rebbi Joḥanan’s opinion it is obvious that one may dig cisterns, ditches, and caves during it. In Rebbi Eleazar’s opinion, may one dig cisterns, ditches, and caves during it? Just as one cannot make inferences for prohibitions, so one should not be able to make inferences for permissions. Rebbi Abba from Carthage said, Rebbi Joḥanan’s reason is six years you shall sow, not in the Sabbatical; and six years you shall prune your vineyard, not in the Sabbatical at all. Any prohibition inferred from a positive commandment is a positive commandment; one violates a positive commandment. Rebbi Yose said, there is not even a positive commandment. Rebbi Jeremiah said, one violates a positive commandment. Why is it written that the Land shall keep a Sabbath for the Eternal? That is for the prohibition implied by it.

If He stated a general principle as a positive commandment but the detail as a prohibition, the word of Rebbi Eleazar is that this is a general principle followed by a detail. Rebbi Eleazar said, one whips for ploughing in the Sabbatical year. Rebbi Joḥanan said, one does not whip for ploughing in the Sabbatical year. What is Rebbi Eleazar’s reason? The Land shall keep a Sabbath for the Eternal, a general principle. Your field you shall not sow, your vineyard you shall not prune, detail. Sowing and pruning were included in the general case; why were they mentioned separately? To include with them; since sowing and pruning are particular in that they perform work on the soil or on a tree, I have only what is work on the soil or on a tree. How does Rebbi Joḥanan treat this? They are two different things, and two different details for one general principle do divide. In Rebbi Eleazar’s opinion do they not divide? He holds that because they do not divide, they are for making inferences. In Rebbi Joḥanan’s opinion, are they not for making inferences? There is a difference here because He stated a general principle as a positive commandment but the detail as prohibitions. No positive commandment allows inferences for a prohibition and no prohibition allows inferences for a positive commandment. Rebbi Eleazar said, a positive commandment allows inferences for a prohibition but no prohibition allows inferences for a positive commandment. In Rebbi Joḥanan’s opinion it is obvious that one may dig cisterns, ditches, and caves during it. In Rebbi Eleazar’s opinion, may one dig cisterns, ditches, and caves during it? Just as one cannot make inferences for prohibitions, so one should not be able to make inferences for permissions. Rebbi Abba from Carthage said, Rebbi Joḥanan’s reason is six years you shall sow, not in the Sabbatical; and six years you shall prune your vineyard, not in the Sabbatical at all. Any prohibition inferred from a positive commandment is a positive commandment; one violates a positive commandment. Rebbi Yose said, there is not even a positive commandment. Rebbi Jeremiah said, one violates a positive commandment. Why is it written that the Land shall keep a Sabbath for the Eternal? That is for the prohibition implied by it.

What is Rebbi Yose the Galilean’s reason? Scroll. Since a scroll is special in not being a living being, so no living being. Since a scroll is special in not being food, so no food. What is the rabbis’ reason? Scroll Since a scroll is detached, so everything being detached. Are stalks of food in Rebbi Yose the Galilean’s opinion like food? Let us hear from the following: If he wrote it on a deer’s antlers, shaved it off, had it signed, and gave it to her, it is valid. Because he shaved it off before he had it signed. Therefore, not if he had it signed and afterwards shaved it off. Rebbi Aḥa in the name of Rebbi Miasha: Only if he wrote on the male horn. But if he wrote on the sheath it is as if separated and is valid. Rebbi Jonah asked: Is that the same for preparation of produce? If he desired that it should rain on an animal and [the rain] dripped from the animal onto food. There, Rebbi Yose said scroll, since a scroll is special in not being a living being, so no living being; and here, does he say so? There is a difference since it is written, any drinkable drink in any vessel shall be impure. Then also if it rained into cisterns, ditches and caves? There is a difference here, for it is written: a vessel.

MISHNAH: These are the appointees who were in the Sanctuary: Joḥanan ben Phineas of the seals, Aḥiyya of the libations, Mathew ben Samuel of the lotteries, Petaḥiah of the nests. Petaḥiah is Mordecai. Why was he called Petaḥiah? For he had original ideas and explained them, and he knew seventy languages. Ben Aḥiyyah for indigestion; Onias the digger of ditches, Gabinius the herald, Ben Gever for locking the doors, Ben Bevai for the oakum. Ben Arza for the cymbal, Hugdas ben Levi for the song. The family Garmu for the shew-bread, the family Eutinos for producing the incense. Eleazar for the gobelins, and Phineas the clothier.

“Onias the digger of ditches.” He was digging ditches and caves and knew which rock cools the water and which rock was dry and how far its dryness extended. Rebbi Aḥa said, but (he) [his son] died of thirst. Rebbi Ḥanina said, anybody who says that the All-Merciful is indulgent, his intestines shall dissolve themselves; for He is forbearing and then collects His due. Rebbi Aḥa said, it is written, His surroundings are very hairy. He is exact with them like a hair’s width. Rebbi Yose said, not because of this reason, but because what is written, He is awesome on His surroundings, His fear on those near Him is greater than those far away.

“Onias the digger of ditches.” He was digging ditches and caves and knew which rock cools the water and which rock was dry and how far its dryness extended. Rebbi Aḥa said, but (he) [his son] died of thirst. Rebbi Ḥanina said, anybody who says that the All-Merciful is indulgent, his intestines shall dissolve themselves; for He is forbearing and then collects His due. Rebbi Aḥa said, it is written, His surroundings are very hairy. He is exact with them like a hair’s width. Rebbi Yose said, not because of this reason, but because what is written, He is awesome on His surroundings, His fear on those near Him is greater than those far away.

Rebbi Ḥaggai in the name of Rebbi Samuel bar Naḥman: It happened that a pious person used to dig cisterns, ditches, and caves for travellers. Once, his daughter travelled to marry and she was swept away by a river. All the people came to him and wanted to console him, but he refused to be consoled. Rebbi Phineas ben Yair came to him and wanted to console him, but he refused to be consoled. He told them, is that your pious man? They said to him: Rabbi, such and such he did, such and such happened to him. He replied: It is impossible that he would honor his Creator by water and He hurts him by water! Immediately, there started a rumor in the town that the man’s daughter had returned. Some say, she got trapped in a hedge of thorns, others say that an angel came in the appearance of Rebbi Phineas ben Yair and saved her.

MISHNAH: If they descended on produce but not on trees, on trees but not on produce, on both but not on cisterns, ditches, or caves, one sounds the alarm immediately.

HALAKHAH: “If they descended on produce but not on trees,” little by little, “on trees but not on produce,” only heavy downpours, “on both but not on cisterns, ditches, or caves, one sounds the alarm immediately.” It was stated: “One sounds the alarm about trees half a month before Passover, about cisterns, ditches and caves half a month before Pentecost.” Then even later? Later it would be a miracle, and one does not sound the alarm expecting miracles.

HALAKHAH: “If they descended on produce but not on trees,” little by little, “on trees but not on produce,” only heavy downpours, “on both but not on cisterns, ditches, or caves, one sounds the alarm immediately.” It was stated: “One sounds the alarm about trees half a month before Passover, about cisterns, ditches and caves half a month before Pentecost.” Then even later? Later it would be a miracle, and one does not sound the alarm expecting miracles.

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 Meïr also said, a person may collect his father’s or mother’s bones because it is an occasion of joy. In earlier times, they were burying them in ditches. When the flesh had rotted away, they collected them and buried them in cedar wood. On the day itself he was mourning, the day after he was happy, implying that his parents were at rest from judgment.

What is Rebbi Yose the Galilean’s reason? “Scroll.” Since a scroll is special in not being a living being, so no living being. Since a scroll is not food, so no food. What is the rabbis’ reason? “Scroll.” Since a scroll is detached, so everything detached. Are stalks of food in Rebbi Yose the Galilean’s opinion like food? Let us hear from the following: If he wrote it on a deer’s antlers, shaved it off, had it signed, and gave it to him, it is valid. Because he shaved it off before he had it signed. Therefore, not if he had it signed and afterwards shaved it off. Rebbi Abba in the name of Rebbi Miasha: Only if he wrote on the male horn. But if he wrote on the sheath it is as if separated and is valid. Rebbi Jonah asked: Is that the same for preparation of produce? If he desired that it should rain on an animal and [the rain] dropped from the animal on food. There, Rebbi Yose said “a scroll”, since a scroll is special in not being a living being, so no living being; and here, does he say so? There is a difference since it is written, “any drinkable drink in any vessel shall be impure”. Then also if it rained into cisterns, ditches and caves? There is a difference here, for it is written: “a vessel”.

If somebody bought a field during a Jubilee period. Rebbi Ila said, he acquired ownership of the ground, Abba bar Mamal said, he did not acquire ownership of the ground. Rebbi Abba bar Mamal objected to Rebbi Ila: In your opinion, since you say that he acquired ownership of the ground, why can he not dig cisterns, ditches, and caves? He said to him, the Torah said, “he shall return to his inheritance,” as it was. Rebbi Jacob bar Aḥa brought this topic before them and did not know that they still disagreed: Rebbi Joḥanan said, he brings and recites; Rebbi Simeon ben Laqish said, he does not bring and recite. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose: Everybody agrees that he brings. Where do they disagree? Rebbi Joḥanan said, he brings and recites; Rebbi Simeon ben Laqish said, he brings but does not recite.

A Mishnah says that slaves follow the rules of real estate. A baraita states, the rules of movables. A baraita states, neither the rules of realestate nor the rules of movables. A Mishnah says that slaves follow the rules of real estate, as we have stated there: “Possession of houses, cisterns, ditches, and caves, bath houses, and dovecots, olive presses, and irrigated fields, and slaves.” A baraita states, slaves do not follow the rules of movables. As it is stated: What is possession of a slave? He tied his shoe for him, or untied his shoe, carried his things to the bath. Rebbi Simeon says, if he lifted him, that is possession. If he lifted his master, there is no stronger possession than this. A statement of the rabbis says that slaves follow the rules of movables. For Rebbi Yose said in the name of rabbis, there is no lien for a gift; one does not collect from slaves as from real estate. Rebbi Mana asked Rebbi Shammai, who are those rabbis? He told him, Rebbi Isaac and Rebbi Immi. A widow took a slave girl. The case came before Rebbi Isaac who said, what she took, she took. Rebbi Immi took her away, for she thought that she was hers but she was not hers. Not of real estate, as it was stated: Real estate and slaves; he took possession of the real estate. If you say that slaves follow the rules of real estate, when he took possession of the real estate he would have taken possession of the slaves, since Rebbi Yasa said in the name of Rebbi Joḥanan: If he had two fields, one in Judea and one in Galilee. If he took possession of the one in Judea with intention to take possession also of that in Galilee, or of the one in Galilee with intention to take possession also of that in Judea, he acquired. Not of movables. If you say that slaves follow the rules of movables, when he took possession of the movables he would have taken possessionof the slaves, since we did state there: “For property that is not guaranteed will cause guaranteed properties to be objects of swearing about them.”

Those bearing columns. Rebbi Ze‘ira: He tells the bottom dweller, you are obliged to support me. Rebbi La: He tells the dweller in the upper floor, the builders say that both have to build the foundations. The following supports the builders: “If his ruined building was close to the wall of his neighbor’s courtyard, he should not tell him: I am contributing to the foundations of your wall where it comes up, but he has to contribute to the foundations from the bottom and up. If it was built on top of ditches or caves, he is not obligated for anything.” Rebbi Yose ben Rebbi Abun said, explain it, for example those inhabitants of Bet Shean where the bottom dweller cannot build unless the builder of the upper floor builds.

MISHNAH: Confirmation of claim of undisturbed possession of houses, cisterns, ditches, and caverns, and bath houses, and dove-cotes, oil presses, irrigated land, and slaves, and everything which yields continuously is three years from day to day. The claim of undisturbed possession of an unirrigated field is three years, but not from day to day.

HALAKHAH: “The claim of undisturbed possession of houses, cisterns, ditches, and caverns,” etc. From where confirmation of claims of undisturbed possession? Rebbi Joḥanan said, we heard from those who went to Usha that they learned it from the notorious bull. Rebbi Yose said, who holds that a bull becomes notorious after three days? Not Rebbi Jehudah? As we stated there: “Rebbi Jehudah said, they said three years only for the case that if he is in Spain, he should be in possession for one year; they went and told him during one year, and he returns within one year.”

MISHNAH: One makes no hollow under the public domain, cisterns, ditches, and caves. Rebbi Eliezer permits if a cart filled with stones can pass over it. One does not build protrusions and balconies above the public domain but if he wishes he builds inside his own property and adds them. If somebody bought a courtyard and there are protrusions and balconies, that remains a right of possession.

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

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

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

HALAKHAH: “He who sells an olive-press,” etc. In fact, if it does not have a beam, it is not called an olive press. You would say, who stated this? Rebbi Eliezer, since it was stated in the name of Rebbi Eliezer: “He who sells an olive-press building sold the vats, the basket weaves, and the breakstones, and the lower millstone but not the upper one, nor the sacks nor the bags it contains. But if he said to him, ‘it and all it contains,…’ In neither case did he sell the paved space surrounding the building, or the [ditches], or the [cellars].”

MISHNAH: He who sells a village sold houses, cisterns, ditches and caverns, bath houses and dovecots, the oil press and irrigated lots but not movables. But if he said to him, it and all that is in it, even if there were animals and slaves there, all of them are sold. Rabban Simeon ben Gamliel says, he who sells a village sold the steward.

HALAKHAH: “If the flesh has rotted away,” etc. It was stated: In earlier times, they were collecting the bones after burying them in ditches. When the flesh had rotted away, they collected them and buried them in cedar wood. On the day itself he was mourning, the day after he was happy, implying that his parents were at rest from judgment.

If He stated a general principle as a positive commandment but the detail as a prohibition, the word of Rebbi Eleazar is that this is a general principle followed by a detail. Rebbi Eleazar said, one whips for ploughing in the Sabbatical year. Rebbi Joḥanan said, one does not whip for ploughing in the Sabbatical year. What is Rebbi Eleazar’s reason? The Land shall keep a Sabbath for the Eternal, a general principle. Your field you shall not sow, your vineyard you shall not prune, detail. The sower and the pruner were included in the general case; why were they mentioned separately? To include with them; since the sower and the pruner are particular in that they perform work on the ground or on a tree, I have only what is work on the ground or on a tree. How does Rebbi Joḥanan treat this? They are two different things, and two different details for one general principle do divide. In Rebbi Eleazar’s opinion they do not divide. But he holds that because they do not divide, they are for making inferences. In Rebbi Joḥanan’s opinion, they are not for making inferences. There is a difference here because He stated a general principle as a positive commandment but the detail as prohibitions. No positive commandment allows inferences for a prohibition and no prohibition allows inferences for a positive commandment. In Rebbi Eleazar’s opinion a positive commandment allows inferences for a prohibition but no prohibition allows inferences for a positive commandment. In Rebbi Joḥanan’s opinion it is obvious that one may dig cisterns, ditches, and caves during it. In Rebbi Eleazar’s opinion, may one dig cisterns, ditches, and caves during it? Just as one cannot make inferences for prohibitions, so one should not be able to make inferences for permissions. Rebbi Abba from Carthage said, Rebbi Joḥanan’s reason is six years you shall sow your field, not in the Sabbatical; and six years you shall prune your vineyard, not in the Sabbatical. Any prohibition inferred from a positive commandment is a positive commandment; one violates a positive commandment. Rebbi Jeremiah said, one violates a positive commandment. Rebbi Yose said, there is not even a positive commandment. But is it not written that the Land shall rest as a repose for the Eternal? That is for the prohibition implied by it.

If He stated a general principle as a positive commandment but the detail as a prohibition, the word of Rebbi Eleazar is that this is a general principle followed by a detail. Rebbi Eleazar said, one whips for ploughing in the Sabbatical year. Rebbi Joḥanan said, one does not whip for ploughing in the Sabbatical year. What is Rebbi Eleazar’s reason? The Land shall keep a Sabbath for the Eternal, a general principle. Your field you shall not sow, your vineyard you shall not prune, detail. The sower and the pruner were included in the general case; why were they mentioned separately? To include with them; since the sower and the pruner are particular in that they perform work on the ground or on a tree, I have only what is work on the ground or on a tree. How does Rebbi Joḥanan treat this? They are two different things, and two different details for one general principle do divide. In Rebbi Eleazar’s opinion they do not divide. But he holds that because they do not divide, they are for making inferences. In Rebbi Joḥanan’s opinion, they are not for making inferences. There is a difference here because He stated a general principle as a positive commandment but the detail as prohibitions. No positive commandment allows inferences for a prohibition and no prohibition allows inferences for a positive commandment. In Rebbi Eleazar’s opinion a positive commandment allows inferences for a prohibition but no prohibition allows inferences for a positive commandment. In Rebbi Joḥanan’s opinion it is obvious that one may dig cisterns, ditches, and caves during it. In Rebbi Eleazar’s opinion, may one dig cisterns, ditches, and caves during it? Just as one cannot make inferences for prohibitions, so one should not be able to make inferences for permissions. Rebbi Abba from Carthage said, Rebbi Joḥanan’s reason is six years you shall sow your field, not in the Sabbatical; and six years you shall prune your vineyard, not in the Sabbatical. Any prohibition inferred from a positive commandment is a positive commandment; one violates a positive commandment. Rebbi Jeremiah said, one violates a positive commandment. Rebbi Yose said, there is not even a positive commandment. But is it not written that the Land shall rest as a repose for the Eternal? That is for the prohibition implied by it.

2. If rains came down which benefited the plants, but not the trees, or the trees but not the plants, or so as to benefit both but not in a measure to fill the cisterns, ditches and caves, the alarm must also be sounded at once.

8. The alarm is sounded on account of any calamity that comes upon the community, except that of excessive rain. It happened that Ḥoni (Onias) the Circle-drawer was asked to pray for rain. He replied: Go and take in the Passover ovens, so that they should not be dissolved. He then prayed, but no rain came down. He therefore drew a circle and placed himself in the center of it. Then he said: Master of the world! Thy children have set their faces on me, because I am looked upon as one of Thy household. Now, I swear by Thy great Name that I will not move from here until Thou have mercy upon Thy children. The rain began to trickle. Ḥoni, however, said, not for such rain did I pray, but for a rain that would fill the cisterns, ditches, and caves. The rain then came down with vehemence. Ḥoni again said, not for such rain did I pray, but for a rain of benevolence, blessing and graciousness. The rain then continued coming down in proper fashion until the Israelites had to go up from Jerusalem to the Temple mount on account of the flood. They then said to him, just as thou hast prayed for the rain to come down, so pray now that it should stop. He replied: "Go out and see whether the stone of losers has been washed away." Simeon b. Sheṭaḥ then sent word to him saying, thou deservest to be excommunicated, but what can I do to thee since thou art petulant before God like a son that is petulant toward his father and the latter does his will. With regard to thee Scripture says (Proverbs, 23. 25): "Let thy father and thy mother be glad, and let her that bore thee rejoice."

If rains came down which benefited the plants but not the trees, etc. It is quite possible that a rain may be good for plants but not for trees; when, for example, it comes down gently; it may be good for trees but not for plants, when it comes down vehemently; it may be good for both, but not for cisterns, ditches and caves, when it comes down in both forms, but not in abundance. But when do you find that, as is stated in a Baraita, there is rain for cisterns, ditches and caves, and not for plants or trees? This happens when the rain comes down in a cloudburst.

If rains came down which benefited the plants but not the trees, etc. It is quite possible that a rain may be good for plants but not for trees; when, for example, it comes down gently; it may be good for trees but not for plants, when it comes down vehemently; it may be good for both, but not for cisterns, ditches and caves, when it comes down in both forms, but not in abundance. But when do you find that, as is stated in a Baraita, there is rain for cisterns, ditches and caves, and not for plants or trees? This happens when the rain comes down in a cloudburst.

Our Rabbis have taught: The alarm for rain for the trees must be sounded in the middle of the Passover season, while the alarm for rain for cisterns, ditches, and caves must be sounded in the middle of the Tabernacles season: if there is no water for drinking purposes, the alarm is to be sounded at once. What is meant by "at once"? The first Monday, Thursday, and Monday. In all these cases the alarm is sounded only in the province concerned. If there is an epidemic of croup the alarm is sounded, provided the disease proves fatal, but if it is not fatal, the alarm is not sounded. The alarm is sounded on account of the appearance of locusts, no matter in what numbers; R. Simeon b. Eleazar said, the alarm is sounded also on account of grasshoppers.

Another Baraita teaches: The alarm is sounded for rain for the trees during the six years of the Septenary (but not during the Sabbatical year); for the cisterns, ditches, and caves it is sounded also during the Sabbatical year; Rabban Simeon b. Gamaliel said, for the trees also we sound during the Sabbatical year, because they furnish a livelihood to the poor. Another Baraita teaches: The alarm is sounded for the trees during the six years of the Septenary (but not during the Sabbatical year); for cisterns, ditches, and caves, it is sounded even during the Sabbatical year; R. Simeon b. Eleazar said, also for what grows of itself we sound during the Sabbatical year, because it furnishes a livelihood to the poor.

Another Baraita teaches: The alarm is sounded for rain for the trees during the six years of the Septenary (but not during the Sabbatical year); for the cisterns, ditches, and caves it is sounded also during the Sabbatical year; Rabban Simeon b. Gamaliel said, for the trees also we sound during the Sabbatical year, because they furnish a livelihood to the poor. Another Baraita teaches: The alarm is sounded for the trees during the six years of the Septenary (but not during the Sabbatical year); for cisterns, ditches, and caves, it is sounded even during the Sabbatical year; R. Simeon b. Eleazar said, also for what grows of itself we sound during the Sabbatical year, because it furnishes a livelihood to the poor.

It happened that Ḥoni, the Circle-drawer, was asked to pray for rain, etc. Our Rabbis have taught: It happened once that the greater part of the month of Adar had passed and no rain had yet fallen. Ḥoni the Circle-drawer was therefore asked to pray that rain should fall. He did so, but rain did not fall. He then drew a circle and placed himself in its center, as did the prophet Habakkuk, who said (Habakkuk, 2. 1): "I will stand upon my watch," and said before God: "Master of the world! Thy children have set their face upon me, because I am, as it were, Thy intimate. I swear by Thy great Name that I will not move from here until Thou showest mercy to Thy children." Rain began to trickle. The people therefore said to him: Master, we see thee, and this is a warranty to us that we shall not die, but it seems to us that this rain comes only in order to free thee from thy oath. "Ye have seen me and ye shall not die," Ḥoni replied, and continuing his prayer said, "Not for such rain did I pray, but for rain sufficient to fill the cisterns, ditches and caves." The rain then came down with vehemence, each drop as big as the opening of a barrel, and the Rabbis estimated that none of them contained less than a log. The people again said to him: Master, we see thee, and this is a warranty that we shall not die, but it seems to us that this rain comes only to destroy the world. "Ye have seen me and ye shall not die," he replied, and then continued: "Not for such rain did I pray, but for a rain of benevolence, blessing and graciousness!" The rain then continued coming in proper measure so that the Israelites had to go up from the streets of Jerusalem to the Temple Mount on account of the rain. They then said to him: "Just as thou hast prayed for the rain to come, so pray now that it should stop." He, however, replied: "I have a tradition that it is not proper to pray for the cessation of too much good; however, bring ye to me a bullock for the confession of my sins!" They brought him a bullock, upon which Ḥoni laid both his hands and said: "Master of the world! Thy people Israel, whom Thou hast brought out of Egypt, can stand neither too much good, nor too much punishment; when Thou becamest wroth (withholding rain), they could not stand it, and now that Thou hast showered much good upon them, they again cannot stand it; let it be Thy will that there be ease in the world." Immediately the wind blew, the clouds dispersed and the sun began to shine and the people went out into the field and brought home morils and truffles. Thereupon Simeon b. Shetaḥ sent word to Ḥoni saying: "Wert thou not Ḥoni I would order thy excommunication; if these years were like those of Elijah, would not the name of God be profaned through thee? However, what can I do since thou behavest petulantly before God as a son behaves before his father, who then grants the son's desire, so that if the son says to him, bathe me in warm water, the father bathes him in warm water; wash me with cold water, he washes him in cold water; give me nuts, peaches, almonds and pomegranates, he gives him nuts, peaches, almonds and pomegranates. With regard to one like thee Scripture says (Proverbs, 23.25): 'Let thy father and thy mother be glad, and let her that bore thee rejoice.'"