garbage

If a cistern in a public domain had an embankment ten handbreadths high, it is permitted to draw water from it on the sabbath through a window above it. If a garbage heap in a public domain was ten handbreadths high, it is permitted to pour water on it on Shabbat from a window above it.

If a man forbade his wife by vow from visiting a house of mourning or a house of feasting, he must divorce her and give her the ketubah, because he has closed [peoples doors] against her. If he claims [that his vow] was due to some other cause he is permitted [to forbid her]. If he said to her: “[There shall be no prohibition] provided you tell so-and-so what you have told me” or “what I have told you” or “that you will fill and pour out in the garbage”, he must divorce her and give her the ketubah.

What do they examine? Deep drains and foul-smelling waters. Bet Shammai say: even garbage dumps and crumbled earth. Bet Hillel say: any place where a pig or a weasel can go requires no examination.

MISHNAH: Shrouds of the dead and the pack-saddle of the donkey do not fall under kilaim. One should never carry a pack-saddle on his shoulder even to transport garbage. Sellers of clothing sell in the professional way, but they should not intend in summer because of the sun and in winter because of the rains. But the religious ones let them hang over their shoulder on a stick. Tailors sew in the professional way, but they should not intend in summer because of the sun and in winter because of the rains. But the religious ones sew on the ground.

How do we hold? If she is an adult, she acquired [her freedom] by the signs [of puberty]; if she is a minor, may a minor acquire? Rebbi Yudan bar Shalom said before Rebbi Yose, explain it following him who said, a minor may give heave. He said to him, even following him who said, a minor may give heave, may a minor acquire? Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not total robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “To his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Samuel ben Rav Isaac explained it by the method of small children. As we have stated there: “For school children, their buying is buying and their selling selling, for movables.” But did we not state: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

There, we have stated: “A [cloth] less than three by three [fingerwidths] which he took to plug the bath or to pour a pot or to clean a millstone, whether it was prepared or not prepared can become impure, the words of Rebbi Eliezer. Rebbi Joshua says, (also a new rag) whether prepared or not prepared, is pure. Rebbi Aqiba says, prepared it may become impure, not prepared it is pure.” What is the difference between prepared and not prepared? Whether he made it ready in the house or threw it into the garbage. But did we not state: “Rebbi Eliezer says, also a new rag follows the same rule.” Nobody says “also”, “even”, unless he agree with the preceding; whether he prepared it to hang it up or did not prepare it to hang it up. This learns from the other and the other learns from this. This learns from the other; the words of Rebbi Eliezer if he folded it. And the other learns from this; if he did not prepare it to hang it up. But if he prepared it to hang it up it may become impure.

It was stated: Potsherds of any size, bast of any size may be moved in the house. Rebbi Zeˋira in the name of Samuel: on condition that it be prepared. It also was stated as follows: The cover of an amphora and its potsherds may be moved in the house. If he threw them in the garbage it is forbidden to move them.

Where do we hold? If she is an adult, she becomes free by the signs [of puberty]. If she is underage, may an underage person transfer rights? Rebbi Yudan bar Shalom said before Rebbi Yose: Explain it following him who said that a minor may give heave. He answered him, but even according to him who says that a minor cannot give heave, the minor can acquire rights. This is acceptable following the opinion of the rabbis there. There, they are saying in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what one finds in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what one robs from him is robbery because of the ways of peace; a nut or a pebble and he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift, since it is written, if a man give, a man’s gift is a gift, the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan, Rebbi Jacob [bar Aḥa] in the name of Rebbi Joḥanan: Robbing from him is never clear robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan: That which you say is to make one pay by a law suit; but to have to bring a sacrifice for a [false] oath everybody agrees only after he grew two pubic hairs. But following to the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written to his neighbor, only if he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac: They came to it by the rules of school children as we have stated: “School children’s buying is buying and their selling is selling, for movables.” But did we not state: “But he cannot transfer rights through his minor son or daughter or his Canaanite male or female slave because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

In Rebbi Eliezer’s opinion, should he not give it its name and then take it down? It will be forbidden to move it. Then should he not take it down and then give it its name? Maybe he would forget and eat it. Should he not take it down, then give it its name, and with another piece put it in an isolated corner, following what we did state there, “one may move impure heave together with pure one or with profane food”? It cannot be compared; there impure for the needs of pure, but here profane for the needs of impure. The colleagues asked, could he not throw it onto the garbage heap and then dedicate it? May a person dedicate what is not his? Then could he not dedicate it and throw it on the garbage heap? Can a person declare ownerless something that is not his?

In Rebbi Eliezer’s opinion, should he not give it its name and then take it down? It will be forbidden to move it. Then should he not take it down and then give it its name? Maybe he would forget and eat it. Should he not take it down, then give it its name, and with another piece put it in an isolated corner, following what we did state there, “one may move impure heave together with pure one or with profane food”? It cannot be compared; there impure for the needs of pure, but here profane for the needs of impure. The colleagues asked, could he not throw it onto the garbage heap and then dedicate it? May a person dedicate what is not his? Then could he not dedicate it and throw it on the garbage heap? Can a person declare ownerless something that is not his?

It happened that a baby girl was noticed who had been thrown on a garbage heap. The case came before Rebbi Ismael ben Rebbi Yose, who said, she should be adjoined to dough. Rebbi Jeremiah thought to say, to qualified dough, would Rebbi Ismael ben Rebbi Yose disagree with his father? Rebbi Yose said, even if you say to disqualified dough, Rebbi Ismael ben Rebbi Yose would not disagree with his father. Why? While the qualified whore, only the disqualified throw away.

MISHNAH: If somebody causes a vow of his wife that she should not pay condolence visits or go to weddings has to divorce her and pay the ketubah. But if he argues because of another reason, he is in his rights. If he said to her you should tell X what I said to you or that she should fill [vessels] and pour them out on garbage heaps, he has to divorce her and pay the ketubah.

“If he said to her I require that you tell Mr. X what you said to me,” alone, “or I said to you”, alone, “or that she should fill [vessels] and pour them out on garbage heaps, he has to divorce her and pay the ketubah.” There, they say, like Er’s action, but the rabbis here say, senseless things.

Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not clear unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “A man to his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac explained it by the method of the artless. As we have stated there: “For underage children, their buying is buying and their selling selling, for movables.” But did we not state there: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

“Rebbi Meïr says, bastards will not be purified in the future, since it is said: ‘The bastard will dwell in Ashdod’; one carried garbage to garbage and deviant to deviant. Rebbi Yose says, bastards will be purified in the future, since it is said: “I shall pour upon you pure water [and purify you].” Rebbi Meïr said to him, but it says only “from all your impurities and all your abominations I shall purify you.” Rebbi Yose said to him, if it had only said, “from all your impurities and all your abominations” and then stopped, I would have agreed with you. But since it adds “I shall purify you”, from bastardy. Rebbi Huna said in the name of Rav Joseph, practice in the future will not follow Rebbi Yose.

“Rebbi Meïr says, bastards will not be purified in the future, since it is said: ‘The bastard will dwell in Ashdod’; one carried garbage to garbage and deviant to deviant. Rebbi Yose says, bastards will be purified in the future, since it is said: “I shall pour upon you pure water [and purify you].” Rebbi Meïr said to him, but it says only “from all your impurities and all your abominations I shall purify you.” Rebbi Yose said to him, if it had only said, “from all your impurities and all your abominations” and then stopped, I would have agreed with you. But since it adds “I shall purify you”, from bastardy. Rebbi Huna said in the name of Rav Joseph, practice in the future will not follow Rebbi Yose.

MISHNAH: If one found pigeon chicks bound together behind a temporary or permanent fence or on paths between fields, he should not touch them. If one found a vessel on garbage heaps, if it was covered he should not touch it, if in the open he should take it and make it public. What one found in a heap or an old wall belongs to him. At a new wall, from the middle to the outside belongs to him, from the middle to the inside belongs to its owner. If he was renting out to others, even what is inside the house belongs to him.

It was stated: What one found on a garbage heap he has to make public, for garbage is moved. What one found in a heap or an old wall belongs to him, for I am saying that it belonged to the Emorites. It was stated: If one found between planks, from the door and inside is like inside, from the door and outside is like outside. If it was opening to the inside, even from from the middle to the outside belongs to the owner of the property; if it was opening to the outside, even from the middle to the inside belongs to the finders.

It was stated: What one found on a garbage heap he has to make public, for garbage is moved. What one found in a heap or an old wall belongs to him, for I am saying that it belonged to the Emorites. It was stated: If one found between planks, from the door and inside is like inside, from the door and outside is like outside. If it was opening to the inside, even from from the middle to the outside belongs to the owner of the property; if it was opening to the outside, even from the middle to the inside belongs to the finders.

Alexander the Macedonian went to the king of Cassia. He saw that he had much gold, much silver. He told him, I do not need your gold nor your silver; I came only so see your practice, how you are dealing, how you are judging. While he was still discussing with him, there came a man having a dispute with another, for he bought (a plot, entered it) [a garbage heap, dug in it] and found a treasure trove of denars. The buyer said, I bought a garbage heap, I did not buy a treasure. The seller said, I sold a garbage heap and all it contains. While they still were arguing with one another, the king asked one of them, do you have a male son? He answered, yes. He asked the other one, do you have a female daughter? He answered, yes. He told them, marry them to each other and the treasure should belong to both. He started to laugh. He asked him, why are you laughing? Did I not judge correctly? He asked him, if the case came before you, how would you have judged? He told him, one kills both of them and the treasure falls to the king. He told him, do you love gold so much? He made him a meal and brought before him golden meat, golden chicken. He asked him, can I eat gold? He told him, the spirit of this person should be wiped out. You cannot eat gold, why do you love gold so much? He asked him, does the sun shine upon you? He answered, yes. Does rain fall on you? He answered, yes. He asked him, do you have small animals? He answered, yes. The spirit of this person should be wiped out; you live only by the merit of the small animals, as it is written: “Man and animal You are saving, o Eternal!”

Alexander the Macedonian went to the king of Cassia. He saw that he had much gold, much silver. He told him, I do not need your gold nor your silver; I came only so see your practice, how you are dealing, how you are judging. While he was still discussing with him, there came a man having a dispute with another, for he bought (a plot, entered it) [a garbage heap, dug in it] and found a treasure trove of denars. The buyer said, I bought a garbage heap, I did not buy a treasure. The seller said, I sold a garbage heap and all it contains. While they still were arguing with one another, the king asked one of them, do you have a male son? He answered, yes. He asked the other one, do you have a female daughter? He answered, yes. He told them, marry them to each other and the treasure should belong to both. He started to laugh. He asked him, why are you laughing? Did I not judge correctly? He asked him, if the case came before you, how would you have judged? He told him, one kills both of them and the treasure falls to the king. He told him, do you love gold so much? He made him a meal and brought before him golden meat, golden chicken. He asked him, can I eat gold? He told him, the spirit of this person should be wiped out. You cannot eat gold, why do you love gold so much? He asked him, does the sun shine upon you? He answered, yes. Does rain fall on you? He answered, yes. He asked him, do you have small animals? He answered, yes. The spirit of this person should be wiped out; you live only by the merit of the small animals, as it is written: “Man and animal You are saving, o Eternal!”

Alexander the Macedonian went to the king of Cassia. He saw that he had much gold, much silver. He told him, I do not need your gold nor your silver; I came only so see your practice, how you are dealing, how you are judging. While he was still discussing with him, there came a man having a dispute with another, for he bought (a plot, entered it) [a garbage heap, dug in it] and found a treasure trove of denars. The buyer said, I bought a garbage heap, I did not buy a treasure. The seller said, I sold a garbage heap and all it contains. While they still were arguing with one another, the king asked one of them, do you have a male son? He answered, yes. He asked the other one, do you have a female daughter? He answered, yes. He told them, marry them to each other and the treasure should belong to both. He started to laugh. He asked him, why are you laughing? Did I not judge correctly? He asked him, if the case came before you, how would you have judged? He told him, one kills both of them and the treasure falls to the king. He told him, do you love gold so much? He made him a meal and brought before him golden meat, golden chicken. He asked him, can I eat gold? He told him, the spirit of this person should be wiped out. You cannot eat gold, why do you love gold so much? He asked him, does the sun shine upon you? He answered, yes. Does rain fall on you? He answered, yes. He asked him, do you have small animals? He answered, yes. The spirit of this person should be wiped out; you live only by the merit of the small animals, as it is written: “Man and animal You are saving, o Eternal!”

We have stated, “a white cock.” Rebbi Ḥiyya stated unspecified “a cock.” Our Mishnah needs the baraita of Rebbi Ḥiyya and the baraita of Rebbi Ḥiyya needs our Mishnah. If we had stated but Rebbi Ḥiyya had not stated, we would have said, only a white cock but an unspecified cock would be permitted even alone. Therefore the baraita of Rebbi Ḥiyya is needed. Or if Rebbi Ḥiyya had stated but we had not stated, we would have said, this is only for an unspecified cock, but a white cock even among chickens is forbidden. Therefore our Mishnah is necessary and the baraita of Rebbi Ḥiyya is necessary. “A chicken to sell,” one may sell him a white cock. “A white cock to sell,” we say by itself it is forbidden, among chickens it is permitted. Rebbi Abun bar Ḥiyya asked: If one saw chickens grazing on a garbage heap and a white cock among them and said, whose is it? Is it as if he specified?

[Rather this is in a case when] he is taking down his wall towards the garbage heap. This garbage heap, what is the case? If it is common for many [people] to be in it [the garbage heap], he is [considered] a criminal. If it is not common for many [people] to be in it, it is [considered a situation of] one who had no choice [meaning that it was a freak accident or totally unexpected].

[Rather this is in a case when] he is taking down his wall towards the garbage heap. This garbage heap, what is the case? If it is common for many [people] to be in it [the garbage heap], he is [considered] a criminal. If it is not common for many [people] to be in it, it is [considered a situation of] one who had no choice [meaning that it was a freak accident or totally unexpected].

[Rather this is in a case when] he is taking down his wall towards the garbage heap. This garbage heap, what is the case? If it is common for many [people] to be in it [the garbage heap], he is [considered] a criminal. If it is not common for many [people] to be in it, it is [considered a situation of] one who had no choice [meaning that it was a freak accident or totally unexpected].

Rav Papa said: This is only necessary to teach [a case of] a garbage heap that is regularly used [as a bathroom] at night, and not one that is regularly used during the day, because it is possible that someone will be sitting there, [therefore] he is not a [considered] a criminal. [In a case] that it is not regularly used during the day, it is also not [considered] totally unexpected, because it is possible that someone will be sitting there.