fences

By walls or fences, more abundant fruits

Or fences, shall bear more abundant fruits.

Rebbi Aḥa in the name of Tanḥum ben Rebbi Ḥiyya: In the days of Rebbi Joshua ben Levi they wanted to abolish this immersion because of the Galilean women who became sterile because of the cold. Rebbi Joshua ben Levi told them: Do you want to uproot something that fences Israel off from sin? What means: Fences Israel off from sin? It happened that a watchman of vinyards wanted to have an affair with a married woman. By the time they were preparing a place where they could immerse themselves, passers-by came by and the sin was not committed. It happened that someone wanted to have an affair with Rebbi’s slave girl. She said to him: If my mistress does not immerse herself, I do not immerse myself. He said to her: Are you not like an animal? She said to him: Did you not hear that one who has relations with an animal will be stoned, as it is said (Ex. 22:18): “Anyone lying with an animal shall certainly be executed.”

Rebbi Aḥa in the name of Tanḥum ben Rebbi Ḥiyya: In the days of Rebbi Joshua ben Levi they wanted to abolish this immersion because of the Galilean women who became sterile because of the cold. Rebbi Joshua ben Levi told them: Do you want to uproot something that fences Israel off from sin? What means: Fences Israel off from sin? It happened that a watchman of vinyards wanted to have an affair with a married woman. By the time they were preparing a place where they could immerse themselves, passers-by came by and the sin was not committed. It happened that someone wanted to have an affair with Rebbi’s slave girl. She said to him: If my mistress does not immerse herself, I do not immerse myself. He said to her: Are you not like an animal? She said to him: Did you not hear that one who has relations with an animal will be stoned, as it is said (Ex. 22:18): “Anyone lying with an animal shall certainly be executed.”

Rebbi Samuel ben Naḥman said: One says to the snake, why when you move does your tongue flow? It said to them, that caused it for me. What profit do you have from biting? A lion tears up and eats, a wolf tears up and eats; you, what profit do you have from biting? It said to them (Eccl. 10:11): “If the snake would bite without a whisper,” I would not bite unless it was said to me from heaven: bite! Why do you bite one limb and all limbs feel it? It said to them: Why do you ask me? Ask the master of the tongue who speaks here and kills in Rome, speaks in Rome and kills in Syria. Why are you found among fences? It said to them, I broke the fence of the world

Rebbi Jeremiah said that Rebbi Samuel bar Rav Isaac asked: (Pr. 13:6) “Justice protects the one on the straight path but sin destroys the sinner.” (Pr. 13:21) “Evil deeds will pursue sinners but He will reward the just.” (Pr. 3:4) “While He makes scoffers targets of scoffing, He will bestow grace on the meek.” (1Sam. 2:9) “He will watch over the feet of His pious, but evildoers will be silent in the darkness.” (Pr. 3:35) “The wise will inherit honor, but shame will mark the stupid ones.” Fences are made fences and doors doors. Rebbi Jeremiah in the name of Rebbi Samuel bar Rav Isaac: If a person watches himself the first, second, and third times not to commit a sin, then in the future the Holy One, praise to Him, will watch over him. What is the reason? (Job 33:29) “All this God will do twice, three times, with a man.” Rebbi Zeïra said, but only if the person does not revert. What is the reason? It does not say “The triple thread will never snap” but rather (Eccl. 4:12) “The triple thread will not quickly snap.” If you work on it, it will split.

Rebbi Jeremiah said that Rebbi Samuel bar Rav Isaac asked: (Pr. 13:6) “Justice protects the one on the straight path but sin destroys the sinner.” (Pr. 13:21) “Evil deeds will pursue sinners but He will reward the just.” (Pr. 3:4) “While He makes scoffers targets of scoffing, He will bestow grace on the meek.” (1Sam. 2:9) “He will watch over the feet of His pious, but evildoers will be silent in the darkness.” (Pr. 3:35) “The wise will inherit honor, but shame will mark the stupid ones.” Fences are made fences and doors doors. Rebbi Jeremiah in the name of Rebbi Samuel bar Rav Isaac: If a person watches himself the first, second, and third times not to commit a sin, then in the future the Holy One, praise to Him, will watch over him. What is the reason? (Job 33:29) “All this God will do twice, three times, with a man.” Rebbi Zeïra said, but only if the person does not revert. What is the reason? It does not say “The triple thread will never snap” but rather (Eccl. 4:12) “The triple thread will not quickly snap.” If you work on it, it will split.

Rebbi Ḥiyya in the name of Rebbi Joḥanan: They stated only “between his property and the public domain”; hence, between his own and his neighbor’s properties [building] is forbidden in the Sabbatical year. But on the intermediate days of a holiday, even between his property and the public domain it is forbidden. About a breach that fences soil; but a breach that does not fence soil may be repaired in the Sabbatical year. We have stated so: “Any breach that fences soil one is forbidden to repair in the Sabbatical year; any breach that does not fence soil one may repair in the Sabbatical year.” That is, if it does not endanger the public, but if it endangers the public one may repair even if it does fence soil.

Rebbi Ḥiyya in the name of Rebbi Joḥanan: They stated only “between his property and the public domain”; hence, between his own and his neighbor’s properties [building] is forbidden in the Sabbatical year. But on the intermediate days of a holiday, even between his property and the public domain it is forbidden. About a breach that fences soil; but a breach that does not fence soil may be repaired in the Sabbatical year. We have stated so: “Any breach that fences soil one is forbidden to repair in the Sabbatical year; any breach that does not fence soil one may repair in the Sabbatical year.” That is, if it does not endanger the public, but if it endangers the public one may repair even if it does fence soil.

Rebbi Simon says, Rebbi Eliezer stays with his opinion. Just as he says there, all that is defective was in his hand, so he says here all that is impure is in his hand. Rebbi Zeїra asked, may we not say that Rebbi Eliezer said it only because of a fence? Does not Rebbi Eliezer agree that for a seah lifted from ṭevel he must give a name to its tithes? If you say the seah which fell is the seah which came up, it would not be necessary to give a name to its tithes! Rebbi Mana said, Rebbi Zeїra is correct since we have stated after this: “A seah of pure heave which fell into a hundred of impure profane produce,” and Rebbi Eliezer does not disagree! The colleagues argued before Rebbi Yose: Rebbi Simon is correct, because otherwise would one burn heave because of a “fence”? He said to them, are the six doubts which we have stated not because of their “fences”? Do we not also burn here because of its “fence”? The colleagues said, we asked before Rebbi Yose: In any case, if it is impure heave, it should be burned, if it is profane, why could it not become impure? He said to us, is it not eaten as heave? Heave cannot be eaten except if it is pure, maybe impure? Do you not agree that if a doubt of impurity arose in its place that he cannot burn it? What is the difference whether a doubt of impurity arose at another place or at its place? But if you want to question, then question what Rebbi Hoshaiah stated, since Rebbi Hoshaiah stated: “A seah of pure heave that fell into 100 seah of impure heave.”

MISHNAH: If somebody plants for fences or building logs he is exempt from ‘orlah. Rebbi Yose says, even if he says the inner part is for food, the outer part for a fence, the inner part is obligated but the outer is exempt.

HALAKHAH: “If somebody plants for fences or building logs he is exempt,” etc. It is written (Lev. 19:23): “If you plant any food tree.” What is for food is obligated; for fencing, logs, or wood it is exempt. Then the one for food even if he intended it as a fence should be obligated! The verse says, “a food tree.”

It happened that Eleazar ben Dama was bitten by a snake and Jacob from Kefar-Sama came to heal him in the name of Jesus ben Pandera, but Rebbi Ismael prevented him. He told him, I shall bring a proof that he can heal me. He could not bring proof before he died. Rebbi Ismael said to him, you are blessed, ben Dama, that you left this world in peace and did not tear down the fences of the Sages, as it is written, he who tears down a fence will be bitten by a snake. But did not a snake bite him? But that it will not bite him in the Future World. What could he have said? Which a person should do and live by them.

If there was a ditch ten [hand-breadths] deep and four wide, and it extends six in each direction, it is judged to be a double column. Not only a ditch but also a heap. Partially a ditch and partially a heap? If there were five sticks with less than three [hand-breadths] between them which together cover six [hand-breadths] in each direction, they are judged to be a double column. If there were three and he tied bast on top, would this save as symbolic fence? Does not a symbolic fence save only if it is proven from each side? Then what was tied around is as if blocked. Similar to what you are saying there, one sees that if it is split and there would be six [hand-breadths] in both directions it is considered a double column, could you say the same here? There would you not let it stand if it was like garlic skin; here what can you say? If you would say so you would abrogate the rules of symbolic fences.

It is written: David returned to bless his house when Mikhal, Saul’s daughter, came towards him, etc. Who is one of the empty ones? Abba bar Cahana said, the most empty one, that is the dancer. She told him, today the honor of my father’s house became obvious. One said about the family of Saul that one never saw a heel or a thumb of them. That is what is written: He came to the sheep fences along the road and there was a cave. Rebbi Abun in the name of Rebbi Eleazar: That was a fence inside a fence. Saul came to spread his feet. He saw him how he lifted a little and covered a little. [David] said, how could one touch such a righteous body. That is what he told him, behold, what your eyes saw today which today gave me in your hand in the cave and I could have killed you, etc. Is it not written “I had mercy on you” but it had mercy on you, your modesty had mercy on you. David told Michal, before the Eternal Who chose me over your father, etc. And I was still humbler than this and I was lowly in my eyes, and with the servant girls you mentioned, with them I shall be honored, for they are not servant girls but mothers. How was she punished? Michal, Saul’s daughter, had no child until the day of her death. But is it not written: The sixth Yitre`am, of his wife Calf. She mooed like a calf and died.

MISHNAH: He who pours out water in the public domain is liable for the damage if another person is hurt because of this. He who puts away a thorn, or glass, or who fences his fence with thorns, or [owns] a fence which collapsed into the public domain, is liable for the damage if other persons are hurt because of this.

New Paragraph. “He fences his fence with thorns.” Rebbi Joḥanan said, explain it according to everybody if it grew outwardly. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: Why do we not explain it following Rebbi Yose ben Rebbi Jehudah who said, three [handbreadths] close to a domain are counted with the domain? He answered, why are you not satisfied with what Rebbi Joḥanan said; explain it according to everybody if it grew outwardly.

HALAKHAH: “If one recognizes his own vessels or books,” etc. Rebbi Abba bar Mamal said, it would have been correct that they should not have to swear. Why did they say they have to swear? That homeowners should not be fences. Rebbi Joshua ben Levi said, only if it was a known fact that his books had been stolen. Rav said, he has to bring proof that he stayed there the night in question. Assi said, if he claims: “I bought them from X,” he is to be believed. A case came before Rebbi Nasa and he did not accept it. Does he disagree? They said, he was a known troublemaker; therefore he did not accept the case.

It is written: David turned. Who are the “empty ones”? Rebbi Abba bar Cahana said, the most empty one, that is the dancer. She told him, today the honor of my father’s house became obvious. One said about the family of Saul that one never saw a heel or a thumb of them. That is what is written: He came to the sheep fences. Rebbi Abun ben Rebbi Eleazar: That was a fence inside a fence. Saul came to spread his feet. He saw him how he lifted a little and covered a little. He said, one who would touch such modesty would be cursed. That is what he told him, behold, what your eyes saw today, etc. Is it not written “I had mercy on you” but it had mercy on you, your modesty had mercy on you. David told Michal, etc. With the servant girls you mentioned, with them I shall be honored, for they are not servant girls but mothers. How was she punished? Michal, Saul’s daughter, had no child, But is it not written: The sixth Yitreˋam, of his wife Calf. She mood like a calf and died.

MISHNAH: He goes to a war of choice by the word of the Court of 71. He breaches fences on his way and one may not protest against him. The king’s highway has no measure. When all people plunder, it is put before him and he selects his part first.

HALAKHAH: “He goes to a war of choice,” etc. For it is written: on his saying they shall go out, on his saying they shall return. “He breaches fences on his way,” for it is written: they drove before [this] flock and said, this is David’s booty.

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

Rebbi Jeremiah said that Rebbi Samuel bar Rav Isaac asked: Justice protects the one on the straight path but sin destroys the sinner. Evil deeds will pursue the sinner but He will reward the just. While He makes scoffers targets of scoffing, He will bestow grace on the meek. He will watch over the feet of his pious ones, but evildoers will be silent in the darkness. The wise will inherit honor, but shame will mark the stupid ones. Fences are made fences and doors doors. Is it so that fences make fences and doors doors? But so it is: Rebbi Jeremiah in the name of Rebbi Samuel ben Rav Isaac: If a person is careful the first, second, and third times not to commit a sin, then in the future the Holy One, praise to Him, will watch over him. What is the reason? All this God will do twice, three times with a man. Rebbi Zeˋira said, but only if the person does not revert [to sin]. What is the reason? It does not say the triple thread “will never snap” but rather will not quickly snap. If you work on it, it will split.

Rebbi Jeremiah said that Rebbi Samuel bar Rav Isaac asked: Justice protects the one on the straight path but sin destroys the sinner. Evil deeds will pursue the sinner but He will reward the just. While He makes scoffers targets of scoffing, He will bestow grace on the meek. He will watch over the feet of his pious ones, but evildoers will be silent in the darkness. The wise will inherit honor, but shame will mark the stupid ones. Fences are made fences and doors doors. Is it so that fences make fences and doors doors? But so it is: Rebbi Jeremiah in the name of Rebbi Samuel ben Rav Isaac: If a person is careful the first, second, and third times not to commit a sin, then in the future the Holy One, praise to Him, will watch over him. What is the reason? All this God will do twice, three times with a man. Rebbi Zeˋira said, but only if the person does not revert [to sin]. What is the reason? It does not say the triple thread “will never snap” but rather will not quickly snap. If you work on it, it will split.

Rebbi Jeremiah said that Rebbi Samuel bar Rav Isaac asked: Justice protects the one on the straight path but sin destroys the sinner. Evil deeds will pursue the sinner but He will reward the just. While He makes scoffers targets of scoffing, He will bestow grace on the meek. He will watch over the feet of his pious ones, but evildoers will be silent in the darkness. The wise will inherit honor, but shame will mark the stupid ones. Fences are made fences and doors doors. Is it so that fences make fences and doors doors? But so it is: Rebbi Jeremiah in the name of Rebbi Samuel ben Rav Isaac: If a person is careful the first, second, and third times not to commit a sin, then in the future the Holy One, praise to Him, will watch over him. What is the reason? All this God will do twice, three times with a man. Rebbi Zeˋira said, but only if the person does not revert [to sin]. What is the reason? It does not say the triple thread “will never snap” but rather will not quickly snap. If you work on it, it will split.

Rebbi Jeremiah said that Rebbi Samuel bar Rav Isaac asked: Justice protects the one on the straight path but sin destroys the sinner. Evil deeds will pursue the sinner but He will reward the just. While He makes scoffers targets of scoffing, He will bestow grace on the meek. He will watch over the feet of his pious ones, but evildoers will be silent in the darkness. The wise will inherit honor, but shame will mark the stupid ones. Fences are made fences and doors doors. Is it so that fences make fences and doors doors? But so it is: Rebbi Jeremiah in the name of Rebbi Samuel ben Rav Isaac: If a person is careful the first, second, and third times not to commit a sin, then in the future the Holy One, praise to Him, will watch over him. What is the reason? All this God will do twice, three times with a man. Rebbi Zeˋira said, but only if the person does not revert [to sin]. What is the reason? It does not say the triple thread “will never snap” but rather will not quickly snap. If you work on it, it will split.

Rebbi Jeremiah said that Rebbi Samuel bar Rav Isaac asked: Justice protects the one on the straight path. Evil deeds will pursue the sinner. He will watch over the feet of His pious ones. While He makes scoffers targets of scoffing. Fences are made fences and doors doors. Is it so that fences make fences and doors doors? But so it is: Rebbi Jeremiah in the name of Rebbi Samuel ben Rav Isaac: If a person is careful the first, second, and third times not to commit a sin, then the Holy One, praise to Him, will watch over him, as it is said, all this God will do twice, three times with a man. Rebbi Ze`ira said, but only if the person does not revert [to sin]. What is the reason? It does not say the triple thread “will never snap” but rather will not quickly snap. If you work on it, it will split.

Rebbi Jeremiah said that Rebbi Samuel bar Rav Isaac asked: Justice protects the one on the straight path. Evil deeds will pursue the sinner. He will watch over the feet of His pious ones. While He makes scoffers targets of scoffing. Fences are made fences and doors doors. Is it so that fences make fences and doors doors? But so it is: Rebbi Jeremiah in the name of Rebbi Samuel ben Rav Isaac: If a person is careful the first, second, and third times not to commit a sin, then the Holy One, praise to Him, will watch over him, as it is said, all this God will do twice, three times with a man. Rebbi Ze`ira said, but only if the person does not revert [to sin]. What is the reason? It does not say the triple thread “will never snap” but rather will not quickly snap. If you work on it, it will split.

Rebbi Jeremiah said that Rebbi Samuel bar Rav Isaac asked: Justice protects the one on the straight path. Evil deeds will pursue the sinner. He will watch over the feet of His pious ones. While He makes scoffers targets of scoffing. Fences are made fences and doors doors. Is it so that fences make fences and doors doors? But so it is: Rebbi Jeremiah in the name of Rebbi Samuel ben Rav Isaac: If a person is careful the first, second, and third times not to commit a sin, then the Holy One, praise to Him, will watch over him, as it is said, all this God will do twice, three times with a man. Rebbi Ze`ira said, but only if the person does not revert [to sin]. What is the reason? It does not say the triple thread “will never snap” but rather will not quickly snap. If you work on it, it will split.

Rebbi Jeremiah said that Rebbi Samuel bar Rav Isaac asked: Justice protects the one on the straight path. Evil deeds will pursue the sinner. He will watch over the feet of His pious ones. While He makes scoffers targets of scoffing. Fences are made fences and doors doors. Is it so that fences make fences and doors doors? But so it is: Rebbi Jeremiah in the name of Rebbi Samuel ben Rav Isaac: If a person is careful the first, second, and third times not to commit a sin, then the Holy One, praise to Him, will watch over him, as it is said, all this God will do twice, three times with a man. Rebbi Ze`ira said, but only if the person does not revert [to sin]. What is the reason? It does not say the triple thread “will never snap” but rather will not quickly snap. If you work on it, it will split.

It happened that Eleazar ben Dama was bitten by a snake and Jacob from Kefar-Sama came to heal him (,and told him, I shall speak to you) in the name of Jesus ben Pandera. Rebbi Ismael said to him, Ben Dama you are not allowed. He told him, I shall bring a proof that he can heal me. He could not bring proof before he died. Rebbi Ismael said to him, you are blessed, ben Dama, that you left this world in peace and did not tear down the fences of the Sages, (to confirm) as it is written, he who tears down a fence will be bitten by a snake. But did not a snake bite him? But that it will not bite him in the Future World. What could he have said? Which a person should do and live by them.