dovecote

Bet Shammai says: one may not carry a ladder [on Yom Tov] from one dovecote to another, but he may incline it from one pigeon-hole to another. But Bet Hillel permits [this]. Bet Shammai says: one may not take [doves] unless he has shaken [them] the day before [Yom Tov]: But Bet Hillel says: he stands and declares: this one or that one I am taking.

They do not divide a courtyard until there is four cubits for this [partner] and four cubits for this [partner]. Nor [do they divide up] a field until it has nine kavs for this [partner] and nine kavs for this [partner]. Rabbi Judah says: “Until it has nine half-kavs for this [partner] and nine half-kavs for this [partner]. Nor [do they divide up] a garden until it has a half-kav for this [partner] and a half-kav for this [partner]. Rabbi Akiva says: “A quarter-kav.” Nor [do they divide up] an eating hall, a watch-tower, a dovecote, a cloak, a bathhouse, or an olive-press until there is sufficient for this [partner] and for this [partner]. This is the general rule: whatever can be divided and still be called by the same name, they divide; otherwise they do not divide. When is this so? When they do not both wish [to divide the property]. However, if both wish they can divide it even if it is smaller. And with regards to the Sacred Books, they may not be divided even if both are willing.

A person’s ladder must not be kept within four cubits of [his neighbor’s] dovecote, lest a marten (a small animal that eats doves) should jump in. His wall may not be built four cubits from [his neighbor’s] roof-gutter, so that the other can set up his ladder [to clean it out]. A dovecote may not be kept within fifty cubits of a town, and none may build a dovecote in his own domain unless his ground extends fifty cubits in every direction. Rabbi Judah says: Four kor’s space of ground, which is the length of a pigeon’s flight. But if he had bought it [and it was built already in that place] and there was only a quarter-kab’s space of ground, he has a right to the dovecote.

A person’s ladder must not be kept within four cubits of [his neighbor’s] dovecote, lest a marten (a small animal that eats doves) should jump in. His wall may not be built four cubits from [his neighbor’s] roof-gutter, so that the other can set up his ladder [to clean it out]. A dovecote may not be kept within fifty cubits of a town, and none may build a dovecote in his own domain unless his ground extends fifty cubits in every direction. Rabbi Judah says: Four kor’s space of ground, which is the length of a pigeon’s flight. But if he had bought it [and it was built already in that place] and there was only a quarter-kab’s space of ground, he has a right to the dovecote.

A person’s ladder must not be kept within four cubits of [his neighbor’s] dovecote, lest a marten (a small animal that eats doves) should jump in. His wall may not be built four cubits from [his neighbor’s] roof-gutter, so that the other can set up his ladder [to clean it out]. A dovecote may not be kept within fifty cubits of a town, and none may build a dovecote in his own domain unless his ground extends fifty cubits in every direction. Rabbi Judah says: Four kor’s space of ground, which is the length of a pigeon’s flight. But if he had bought it [and it was built already in that place] and there was only a quarter-kab’s space of ground, he has a right to the dovecote.

A person’s ladder must not be kept within four cubits of [his neighbor’s] dovecote, lest a marten (a small animal that eats doves) should jump in. His wall may not be built four cubits from [his neighbor’s] roof-gutter, so that the other can set up his ladder [to clean it out]. A dovecote may not be kept within fifty cubits of a town, and none may build a dovecote in his own domain unless his ground extends fifty cubits in every direction. Rabbi Judah says: Four kor’s space of ground, which is the length of a pigeon’s flight. But if he had bought it [and it was built already in that place] and there was only a quarter-kab’s space of ground, he has a right to the dovecote.

If a young pigeon is found within fifty cubits it belongs to the owner of the dovecote; but if it is found beyond fifty cubits it belongs to who finds it. If it is found between two dovecotes: if it is nearer to this one than it belongs him [that owns this dovecote]; and if it is nearer to the other, it belongs to him [that owns the other dovecote]; and if it is at a like distance from either, they share it.

If a young pigeon is found within fifty cubits it belongs to the owner of the dovecote; but if it is found beyond fifty cubits it belongs to who finds it. If it is found between two dovecotes: if it is nearer to this one than it belongs him [that owns this dovecote]; and if it is nearer to the other, it belongs to him [that owns the other dovecote]; and if it is at a like distance from either, they share it.

If a young pigeon is found within fifty cubits it belongs to the owner of the dovecote; but if it is found beyond fifty cubits it belongs to who finds it. If it is found between two dovecotes: if it is nearer to this one than it belongs him [that owns this dovecote]; and if it is nearer to the other, it belongs to him [that owns the other dovecote]; and if it is at a like distance from either, they share it.

But [one who sold a field] has not sold the stones that are not necessary to it or the canes in a vineyard that are not necessary to it or the produce that is already picked from the ground. But if he had said, “It and all that is in it” all of these are sold also. But in neither case has he sold any partition of reeds that covers a quarter-kav’s space of ground, or the watchman’s hut if it was not fastened down with mortar, or grafted carob trees or cropped sycamores, or any cistern or winepress or dovecote, whether they are lying waste or in use. And [the seller] must purchase [from the buyer] a way thereto, according to Rabbi Akiva. But the sages say: “He need not.” And Rabbi Akiva agrees that if he had said, “Excepting these”, he need not buy himself a way thereto. If he had sold them (the cistern, winepress or dovecote) to another, Rabbi Akiva says: “He [that bought them] need not buy himself a way thereto. But the Sages say: “He must buy himself a way thereto.” When is this so? With regards to he that sells his field. But if he gives it as a gift, he gives everything that is in it. If brothers who divided [an inheritance] came into possession of a field, they come into possession of everything that is in it. If a man secured title by possession of the property of a convert, and secured title by possession of the [convert’s] field, he secures title to everything that is in it. If a man dedicated a field [to the Temple] he has dedicated everything in it. Rabbi Shimon says: “If a man dedicated a field, he has dedicated only the grafted carob trees and cropped sycamores.”

But [one who sold a field] has not sold the stones that are not necessary to it or the canes in a vineyard that are not necessary to it or the produce that is already picked from the ground. But if he had said, “It and all that is in it” all of these are sold also. But in neither case has he sold any partition of reeds that covers a quarter-kav’s space of ground, or the watchman’s hut if it was not fastened down with mortar, or grafted carob trees or cropped sycamores, or any cistern or winepress or dovecote, whether they are lying waste or in use. And [the seller] must purchase [from the buyer] a way thereto, according to Rabbi Akiva. But the sages say: “He need not.” And Rabbi Akiva agrees that if he had said, “Excepting these”, he need not buy himself a way thereto. If he had sold them (the cistern, winepress or dovecote) to another, Rabbi Akiva says: “He [that bought them] need not buy himself a way thereto. But the Sages say: “He must buy himself a way thereto.” When is this so? With regards to he that sells his field. But if he gives it as a gift, he gives everything that is in it. If brothers who divided [an inheritance] came into possession of a field, they come into possession of everything that is in it. If a man secured title by possession of the property of a convert, and secured title by possession of the [convert’s] field, he secures title to everything that is in it. If a man dedicated a field [to the Temple] he has dedicated everything in it. Rabbi Shimon says: “If a man dedicated a field, he has dedicated only the grafted carob trees and cropped sycamores.”

If a man sold a donkey he has sold its foal. If a man sold a cow he has not sold its calf. If he sold a dungheap, he has sold the dung on it. If he sold a cistern, he has sold the water in it. If he sold a bee-hive he has sold the bees. If he sold a dovecote he has sold the pigeons. If a man bought the fruit of a dovecote from his fellow he must let go the first pair that are hatched. [If he bought], the fruit of a beehive he may take three swarms and then [the seller] may make the rest sterile. [If he bought] honeycombs he must leave two honeycombs. [If he bought] olive trees to cut down the branches, he must leave two shoots.

If a man sold a donkey he has sold its foal. If a man sold a cow he has not sold its calf. If he sold a dungheap, he has sold the dung on it. If he sold a cistern, he has sold the water in it. If he sold a bee-hive he has sold the bees. If he sold a dovecote he has sold the pigeons. If a man bought the fruit of a dovecote from his fellow he must let go the first pair that are hatched. [If he bought], the fruit of a beehive he may take three swarms and then [the seller] may make the rest sterile. [If he bought] honeycombs he must leave two honeycombs. [If he bought] olive trees to cut down the branches, he must leave two shoots.

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

MISHNAH: [4]: The House of Shammai say, one does not move the ladder from dovecote to dovecote, but one may bend it from window to window; and the House of Hillel permit it. The House of Shammai say, one may not take unless one had moved when it was still daylight, but the House of Hillel say, he may stand there and say, this and that I shall take.

MISHNAH: [4]: The House of Shammai say, one does not move the ladder from dovecote to dovecote, but one may bend it from window to window; and the House of Hillel permit it. The House of Shammai say, one may not take unless one had moved when it was still daylight, but the House of Hillel say, he may stand there and say, this and that I shall take.

HALAKHAH: Jehudah the son of Rebbi Ḥiyya went out. They asked him, what are the rules for a ladder to the upper floor? He told them, it is permitted. When he returned to his father, he asked him, what case came to your hands? He said, I permitted them the ladder to the upper floor. He appointed his Tanna before him, who stated, “when was this said, about a ladder for a dovecote. But a ladder for the upper floor is forbidden.” What is the difference between a ladder for a dovecote and a ladder for the upper floor? Rebbi Jacob bar Aḥa said, a ladder for a dovecote if he had used it the day before for work it would be weak; a ladder for the upper floor may be used for work the day before. Rebbi Yose ben Rebbi Abun said, on the ladder for a dovecote he may stand and use it for his purpose; on the ladder for the upper floor he may not stand and use it for his purpose. A ladder for a dovecote even if it is used to climb to the upper floor; a ladder for the upper floor even if it used to climb to the dovecote.

HALAKHAH: Jehudah the son of Rebbi Ḥiyya went out. They asked him, what are the rules for a ladder to the upper floor? He told them, it is permitted. When he returned to his father, he asked him, what case came to your hands? He said, I permitted them the ladder to the upper floor. He appointed his Tanna before him, who stated, “when was this said, about a ladder for a dovecote. But a ladder for the upper floor is forbidden.” What is the difference between a ladder for a dovecote and a ladder for the upper floor? Rebbi Jacob bar Aḥa said, a ladder for a dovecote if he had used it the day before for work it would be weak; a ladder for the upper floor may be used for work the day before. Rebbi Yose ben Rebbi Abun said, on the ladder for a dovecote he may stand and use it for his purpose; on the ladder for the upper floor he may not stand and use it for his purpose. A ladder for a dovecote even if it is used to climb to the upper floor; a ladder for the upper floor even if it used to climb to the dovecote.

HALAKHAH: Jehudah the son of Rebbi Ḥiyya went out. They asked him, what are the rules for a ladder to the upper floor? He told them, it is permitted. When he returned to his father, he asked him, what case came to your hands? He said, I permitted them the ladder to the upper floor. He appointed his Tanna before him, who stated, “when was this said, about a ladder for a dovecote. But a ladder for the upper floor is forbidden.” What is the difference between a ladder for a dovecote and a ladder for the upper floor? Rebbi Jacob bar Aḥa said, a ladder for a dovecote if he had used it the day before for work it would be weak; a ladder for the upper floor may be used for work the day before. Rebbi Yose ben Rebbi Abun said, on the ladder for a dovecote he may stand and use it for his purpose; on the ladder for the upper floor he may not stand and use it for his purpose. A ladder for a dovecote even if it is used to climb to the upper floor; a ladder for the upper floor even if it used to climb to the dovecote.

HALAKHAH: Jehudah the son of Rebbi Ḥiyya went out. They asked him, what are the rules for a ladder to the upper floor? He told them, it is permitted. When he returned to his father, he asked him, what case came to your hands? He said, I permitted them the ladder to the upper floor. He appointed his Tanna before him, who stated, “when was this said, about a ladder for a dovecote. But a ladder for the upper floor is forbidden.” What is the difference between a ladder for a dovecote and a ladder for the upper floor? Rebbi Jacob bar Aḥa said, a ladder for a dovecote if he had used it the day before for work it would be weak; a ladder for the upper floor may be used for work the day before. Rebbi Yose ben Rebbi Abun said, on the ladder for a dovecote he may stand and use it for his purpose; on the ladder for the upper floor he may not stand and use it for his purpose. A ladder for a dovecote even if it is used to climb to the upper floor; a ladder for the upper floor even if it used to climb to the dovecote.

HALAKHAH: Jehudah the son of Rebbi Ḥiyya went out. They asked him, what are the rules for a ladder to the upper floor? He told them, it is permitted. When he returned to his father, he asked him, what case came to your hands? He said, I permitted them the ladder to the upper floor. He appointed his Tanna before him, who stated, “when was this said, about a ladder for a dovecote. But a ladder for the upper floor is forbidden.” What is the difference between a ladder for a dovecote and a ladder for the upper floor? Rebbi Jacob bar Aḥa said, a ladder for a dovecote if he had used it the day before for work it would be weak; a ladder for the upper floor may be used for work the day before. Rebbi Yose ben Rebbi Abun said, on the ladder for a dovecote he may stand and use it for his purpose; on the ladder for the upper floor he may not stand and use it for his purpose. A ladder for a dovecote even if it is used to climb to the upper floor; a ladder for the upper floor even if it used to climb to the dovecote.

HALAKHAH: Jehudah the son of Rebbi Ḥiyya went out. They asked him, what are the rules for a ladder to the upper floor? He told them, it is permitted. When he returned to his father, he asked him, what case came to your hands? He said, I permitted them the ladder to the upper floor. He appointed his Tanna before him, who stated, “when was this said, about a ladder for a dovecote. But a ladder for the upper floor is forbidden.” What is the difference between a ladder for a dovecote and a ladder for the upper floor? Rebbi Jacob bar Aḥa said, a ladder for a dovecote if he had used it the day before for work it would be weak; a ladder for the upper floor may be used for work the day before. Rebbi Yose ben Rebbi Abun said, on the ladder for a dovecote he may stand and use it for his purpose; on the ladder for the upper floor he may not stand and use it for his purpose. A ladder for a dovecote even if it is used to climb to the upper floor; a ladder for the upper floor even if it used to climb to the dovecote.

“The House of Hillel say, he may stand there and say, this and that I shall take.” The argument of the House of Hillel seems inverted, as we have stated there: “But the Sages say, only if he delineates and says, from here to there;” and here they are saying so? Still they hold that one is restrictive if living things are involved. Rebbi Yose ben Rebbi Abun said, Levi was knocking on his dovecote and saying, my dovecote shall provide me tomorrow.

“The House of Hillel say, he may stand there and say, this and that I shall take.” The argument of the House of Hillel seems inverted, as we have stated there: “But the Sages say, only if he delineates and says, from here to there;” and here they are saying so? Still they hold that one is restrictive if living things are involved. Rebbi Yose ben Rebbi Abun said, Levi was knocking on his dovecote and saying, my dovecote shall provide me tomorrow.

What are “the families of the pestle stealers and the fig hackers”? But when Jeroboam ben Nabat installed border guards on the roads which did not permit Israel to make a pilgrimage to Jerusalem, everybody who was qualified and sin-fearing in that generation brought his first fruits, put them in a basket, covered them with dried figs and took the pestle. He takes the basket on his shoulder and the pestle in his hand. When he reaches that guard-post they were asking him, where are you going? He answered him, I am only going to make these few dried figs into a single fig cake with this pestle in my hand. After he had passed this guard, he adorned them and brought them to Jerusalem. Why does one say, the family of Salmai the puller-down? But anybody who was volunteering logs and firewood for the altar brought wood and makes them into a kind of steps, assembles them into a kind of ladder, and puts them on his shoulder. When he reaches that guard he asks him, where are you going? He answers him, I am only going to bring two pigeon chicks from this dovecote over there using the ladder on my shoulder. After he had passed this guard, he disassembled {his package} and brought it to Jerusalem. Since they put themselves in danger for the meritorious deed that merited a good reputation in the world, and about them he says, the remembrance of the just is a blessing.

MISHNAH: One does not divide the courtyard unless there be four cubits for each one, nor the field unless there be nine qab for each one; Rebbi Jehudah says, nine half qabbim for each one. Not the vegetable garden unless there be half a qab for each one; Rebbi Aqiba says, the area of a quarter [qab]. Not the dining hall, nor the storage room, nor the dovecote, nor the stole, nor the bathhouse, nor the olive press unless there is one for each of them. This is the principle: Anything which is divided and retains its name one divides, otherwise one does not divide. When is that? If the two of them do not agree. However, if both of them want it, they may divide even if it is less. But Holy Scripture they should not divide even if both of them want it.

This means, about grindstones there, but for our grindstones three from the pine cone which is four from the enclosure. “And the oven three from the base which are four from its rim.” Rebbi Yudan bar Pazi said, from the outer rim inwards; but the rabbis say, from the inner rim outwards. If if was built like a dovecote, what [are the rules]? Let us hear from the following: “Rebbi Jehudah said, unless there be under it insulating material three handbreadths and for a stove one handbreadth.” Is a stove not build like a dovecote, and you say both above and below a handbreadth? Also here, both above and below a handbreadth.

This means, about grindstones there, but for our grindstones three from the pine cone which is four from the enclosure. “And the oven three from the base which are four from its rim.” Rebbi Yudan bar Pazi said, from the outer rim inwards; but the rabbis say, from the inner rim outwards. If if was built like a dovecote, what [are the rules]? Let us hear from the following: “Rebbi Jehudah said, unless there be under it insulating material three handbreadths and for a stove one handbreadth.” Is a stove not build like a dovecote, and you say both above and below a handbreadth? Also here, both above and below a handbreadth.

MISHNAH: One distances the ladder from a dovecote by four cubits lest a marten jump, and the wall four cubits from the leader so it can support the ladder. One distances the dovecote from town by fifty cubits. A person may not build a dovecote on his property unless he have fifty cubits in each direction. Rebbi Jehudah says, the area of four bet kor, the distance one sends a pigeon. But if he bought it even with the area of a quarter [qab], it is in his power.

MISHNAH: One distances the ladder from a dovecote by four cubits lest a marten jump, and the wall four cubits from the leader so it can support the ladder. One distances the dovecote from town by fifty cubits. A person may not build a dovecote on his property unless he have fifty cubits in each direction. Rebbi Jehudah says, the area of four bet kor, the distance one sends a pigeon. But if he bought it even with the area of a quarter [qab], it is in his power.

MISHNAH: One distances the ladder from a dovecote by four cubits lest a marten jump, and the wall four cubits from the leader so it can support the ladder. One distances the dovecote from town by fifty cubits. A person may not build a dovecote on his property unless he have fifty cubits in each direction. Rebbi Jehudah says, the area of four bet kor, the distance one sends a pigeon. But if he bought it even with the area of a quarter [qab], it is in his power.

MISHNAH: A pigeon chick which is found within 50 cubits belongs to the owner of the dovecote; farther away than 50 cubits it belongs to its finder. If it was found between two dovecotes, if it is closer to one of them, it belongs to it; in the middle, both [owners] shall split evenly.

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

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

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

The ‘others’? As it has been taught: Others say: A sukkah made like a dovecote is invalid, since it has no corners.