halakhah

HALAKHAH: “How is this? If he collected the produce from him,” etc. Rebbi Aḥa said, it is written: “For the earth was filled with oppression because of them.” What was their oppression? If a person came carrying a box full of lupines they all asembled and each one was taking less than the worth of a peruṭah, a case which cannot be brought before the judges. Rebbi Ḥiyya bar Abba said, “much, much”. The acts of these were identical to the acts of those.

HALAKHAH: “Cheating is four obols,” etc. Rav said, this is the rate; Rebbi Joḥanan said, it is not the rate. Rav said, if somebody trades on condition that the rules of cheating not apply to him, the rules of cheating do apply to him. Rebbi Levi stated: Cheating applies to a peruṭah, cheating can be by a peruṭah. But what is the status of cheating? It was stated: The item was acquired, he returns the overcharge, the words of Rebbi Jehudah the Prince; Rebbi Joḥanan said, the sale is annulled.

HALAKHAH: “By how much could a tertradrachma be deficient,” etc. It was stated: “More than that he spends it for its worth, a tetradrachma up to a šeqel, a denar up to a quarter [šeqel]. If it is less than this even by an assarius, he may not spend it. If it was circulating as a blank for a tetradrachma or as a šeqel coin, as a blank for a šeqel or as a tetradrachma coin, he only has the shape of the coin. He should give it neither to a person who condemns property nor to a tax assessor since they defraud people, but he drills a hole into it and hangs it on his son’s neck. When has this been said? About tetradrachmas and denars. But gold denars and silver coins one may spend according to their value. Just as one spends it for profane things one may spend it for Second Tithe provided one does not plan it.”

HALAKHAH: “How much time does one have to return it,” etc. Ḥizqiah said, to add it for Jerusalem, he adds it as good coin. If he uses it to redeem in the countryside, he redeems with the underweight coin. But did we not state: “He chooses the better one of the two and exchanges it for them”? Why can he not take the worse [coin] and treat it [as a good one]. He said, there is a difference here because it already was shown to be Second Tithe.

HALAKHAH: “The following are not under the rules of cheating,” etc. It was stated: “Rebbi Jehudah says, also a Torah scroll, an animal, and a pearl are not under the rules of cheating. A Torah scroll, for its value is infinite. An animal and a pearl need to be paired. They said to him, does not a person want to pair everything?” It was stated: “Rebbi Jehudah ben Bathyra says, a sword, a horse, and a shield are not under the rules of cheating at wartime.”

HALAKHAH: “Just as there is cheating in trade,” etc. “One may not put on make-up.” Rebbi Eudaimon the salt dealer was mollifying his spread. Jacob bar Aḥa said to him, did we not state: “one may not put on make up”? His word implies that there is make-up on food. Rebbi Ze‘ira was working with flax. He went to Rebbi Abbahu and asked him, may I make my work look good? He told him, go and apply all you know. Rebbi Abbahu was working on those shawls. He came to ask Rebbi Yose ben Ḥanina, how am I with those shawls? He told him, go and apply all you know. Rebbi Abba painted a bathtub. Rebbi Jacob from Emmaus stated: What means: “one may not put on make up”? One may not say to him, paint yourself.

HALAKHAH: “What is biting,” etc. Rebbi Yannai said, this is interest which is taken away by the judges. They asked before Rebbi Joḥanan, can interest be taken away by the judges? He said, if it were so, nothing would be left for the great people of the Land of Israel. Rebbi Joḥanan agrees that no document obligates another. Rebbi Joḥanan agrees that if the document exists one subtracts [the interest].

HALAKHAH: “One may increase rental fees,” etc. It was stated: “If somebody sells a field to another and stipulates, on condition that I shall work it as a sharecropper, on condition that I shall be part owner, on condition that the tithes shall be mine, on condition that if you sell it, you will sell it only to me, that anytime I want I may pay you back and take it; this is permitted.” “If he owed him money and wrote his field over to him as a sale, any time the seller eats the yield it is permitted; any time the buyer eats the yield, it is forbidden. Rebbi Jehudah says, in any case it is permitted. Rebbi Jehudah said, that is what Boethos ben Zenon did following the Sages. They said to him, is that a proof? The seller was eating the yield.” Rebbi Joḥanan, Rebbi Eleazar, and Rebbi Hoshaia said, Rebbi Jehudah learned from the houses of walled cities. As it was stated: The year mentioned in the Torah regarding walled cities is like interest but it is not interest. Another Tanna stated: This is interest but the Torah permitted it. He who said, it is like interest but it is not interest, Rebbi Meïr. He who said, this is interest but the Torah permitted it, Rebbi Jehudah. Rebbi Idi said, when I came from the Diaspora, I found that a case was before Rebbi Immi of “it is like interest but it is not interest.” Rebbi Ḥizqiah said, they only said that “this is interest but the Torah permitted it.” There, the Torah permitted it, therefore not in any other case. Nevertheless, Rebbi Immi did not consider it, for he said: a house dwells with its inhabitants.

HALAKHAH: “One does not hire a shop clerk,” etc. A person lent another one denars. He said to him, take two denars as your wages and what they will bring shall be mine and yours.

HALAKHAH: “One hands a cow or a donkey over for care,” etc. It was stated: “A person may receive from another an animal on condition to deliver to him one lamb and one shearing per year, a chicken for ten eggs a month. The woman receiving a chicken has to care for the chicks as long as those depend on their mother. One cares for small animals 30 days and for large animals 50 days. Rebbi Yose says, for (large) [small] animals three months because they need special care. After that, he gives the owner his part equally, everything according to local practice.” What means “he gives the owner his part equally”? A person gave to another 100 denars; they produced 20 denars. Each takes half of it; the half of the owner remains with him as capital. Do people do that? But they trade, and at the end they divide it up. “A person receiving an animal for care is responsible for it, for an unclean animal twelve months, for a human 24 months. At a place where work is compensated separately, one pays; for offspring of animals, one pays, everything following local custom.”

HALAKHAH: “One may not receive mortmain property form a Jew,” etc. “What is mortmain property? He had 100 sheep and told another: They are valued for you at 100 gold [denars]; their young, their milk, and their shearings are yours, but if they die you are liable for them and you pay me a tetradrachma for every one of them at the end of the year. This is forbidden.”

HALAKHAH: “One does not contract for produce,” etc. May one contract based on Saracens’ rates? Rebbi Joḥanan says, one may contract; Rebbi Simeon ben Laqish said, one may not contract. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: Would it not be reasonable that Rebbi Simeon ben Laqish agree with Rebbi Joḥanan about rates of Saracens of Sepphoris, since that is uninterrupted? Rebbi Abun bar Cahana said, I am wondering about what the rabbis disagree? Whether contracting for produce, or contracting for money, or a loan on produce? Rebbi Jeremiah said, they disagree about a loan, but about (a hostelry) [a contract] everybody agrees that it is forbidden. Rebbi Yose said, they disagree about a contract, but about a loan everybody agrees that it is permitted. In the House of Rebbi Yannai they said, one contracts for cattle feed. Rebbi Yose ben Ḥanina said, also on honeycombs. Rebbi Joḥanan said, in all villages near Tiberias one contracts once the rate was established at Tiberias.

HALAKHAH: “A person may not say to another,” etc. It was stated: “A person may not say to another, lend me a kor of wheat and I shall return it to you from the threshing-floor,” therefore for two or three weeks it is permitted; “but Hillel forbids.” Samuel said, practice follows Hillel.

HALAKHAH: “The following transgress prohibitions,” etc. “Rebbi Yose said, come and see how blind are the eyes of people who lend on interest. If a person calls another one idolator, or adulterer, or murderer, the other will want to destroy him. But this one pays witnesses and a scribe and tells them, come and testify that I negated the roots [of Judaism]. Rebbi Simeon ben Eleazar said, they negate much more than the roots, for they declare the Torah false and Moses an idiot and say, if Moses had known how much we are earning, he would not have written it. Rebbi Aqiba says, interest is difficult since even a favor can be interest. If one told him to buy vegetables on the market for him, even though he gave him the money, this is interest. Rebbi Simeon said, interest is difficult since even greeting can be interest. If he never greeted him but because he took a loan from him he is quick to greet him, this is interest. In this sense, Rebbi Simeon ben Eleazar used to say, about a person who has money and does not lend it on interest the verse says: ‘his money he did not lend on interest,’ etc. Rebbi Samuel bar Immi said, we would not know what this tottering was if Salomon had not come and explained: ‘to save those taken to death.’”

HALAKHAH: “If somebody hired tradesmen,” etc. What means, they tricked one another? Come, work for me for five large [coins]. It turned out it was work for ten large [coins]. You work for me a job which needs ten days. It turned out it was work for five days. What means, [they] tricked the householder? Come, work for me with your colleagues {for ten large [coins]. It turned out it was work for five large [coins]. You work for me a job which needs five days.} It turned out it was work for ten days. “When was this said; if the donkey drivers did not start yet. But if they went and did not find grain, or workers to weed and found the field flooded, he has to pay them for going and coming. But one cannot compare coming loaded with coming empty, or working with being idle, sitting in the shadow with sitting in the sun.” Rebbi Ḥiyya the Elder hired donkey drivers to bring his flax. They went and found it wet. (Rav) said to him, go and pay them their full fee. He said to them, not that I would be obligated to pay you your fee but I, Ḥiyya, am handing it over to you.

HALAKHAH: “If somebody hired tradesmen,” etc. Rav said, “because the Children of Israel are My servants,” Jews cannot buy one another. Rebbi Joḥanan said, this was stated about a Hebrew slave. In Rav’s opinion, both a worker and an employer can back out; in Rebbi Joḥanan’s opinion the worker can back out but not the employer.

HALAKHAH: “Somebody who rented a donkey,” etc. One understands on the mountain, but he led it in the valley. In the valley, but he led it on the mountain? Rebbi Simeon ben Yaqim said, if it died because of the air. Rebbi Dositheos ben Yannai said, if it was bitten by a snake. Rebbi Joḥanan said, it is Rebbi Meïr’s who said, anybody who deviates from the owner’s instructions is called a robber.

HALAKHAH: “Somebody who rented a donkey,” etc. “How much did one add to the load that he became liable? Symmachos said in the name of Rebbi Meïr: one se’ah for a camel, three qab for a donkey, one qab for a porter, and three se‘ah for a cart. But a ship according to its size”.

HALAKHAH: “All artisans are paid trustees,” etc. This ἀντίχρησις is interest.

HALAKHAH: “One who transports an amphora from place to place,” etc. It was stated: Rebbi Nehemiah the potter gave his pots to a person who broke them. He confiscated his coat. He went to Rebbi Yose ben Ḥanina, who told him, go and tell him: “That you should go in the ways of good people.” He went and told him who then returned his coat. He asked him, did he pay your wages? He said, no. He told him, go and tell him: “And to the paths of the just you shall keep.” He went and told him who then paid his wages.

HALAKHAH: “One who hires workers,” etc. Rav Hoshaia said, this means that usage supersedes practice. Rebbi Immi said, everywhere the burden of proof is on the claimant except here.

HALAKHAH: “The following eat by Torah law,” etc. Rebbi La said, “if you come into your neighbor’s vineyard.” Could anybody think that he would eat wood or stones? Why does the verse say “grapes”? That he may not skin figs or suck grapes.

HALAKHAH: “If one was working on figs,” etc. Rebbi La said, it is written: “If you come into your neighbor’s vineyard, you may eat grapes to satisfy yourself.” What else is there in the vineyard to eat but grapes? To teach you that if he was working on grapes he may not eat figs.

HALAKHAH: “A worker may eat zucchini even for a denar’s worth,” etc. Rebbi Eleazar ben Antigonos says in the name of Rebbi Eleazar ben Rebbi Yannai, this means that a worker may eat more than his [daily] wages. But some say, Rebbi Joḥanan in the name of Rebbi Yannai: This means that a worker may eat the first or the last bunch of grapes.

HALAKHAH: “If somebody hires workers to work,” etc. Anything which is of a kind apt to be under the rules of tithing but another prohibition caused it [to be forbidden to eat], if one hired [a worker] without mentioning it, he has to redeem and feed, tithe and feed. If [the worker] contracted for it, he eats. But if it is of a kind exempt from the rules of tithing but another prohibition caused it [to be forbidden to eat], if one hired [a worker] without mentioning it, that one cannot eat; if he contracted for it, he eats.

HALAKHAH: “Watchmen of produce eat because of local practice,” etc. Rav Huna said, the Mishnah refers to watchmen of produce. But watchmen of vegetable gardens and orchards eat by Torah law. Samuel said, the Mishnah refers to watchmen of vegetable gardens and orchards. But watchmen of produce eat neither by Torah law nor by local practice. Rebbi Ḥiyya stated in support of Rav Huna: “The Cohen shall be impure until evening,” to include watchmen, that they make their garments impure.

HALAKHAH: “One wolf is not an unavoidable accident,” etc. “The stipulation of anybody who stipulates against what is written in the Torah,” etc. It was stated: “The stipulation of anybody who stipulates against what is written in the Torah, monetary stipulations are valid, nonmonetary stipulations are invalid.” How is this? If one said to a woman: be preliminarily married to me on condition that you have no claim on me for sustenance, clothing, and marital relations, she is preliminarily married [and his stipulation is valid. “On condition] that it I die you shall not be obligated for levirate marriage, she is preliminarily married but his stipulation is invalid.”

HALAKHAH: “If somebody borrowed a cow,” etc. Rebbi Ila said, from the meaning of what is said, “certainly he shall pay”; would we not have known that if its owner was with it he does not pay? Why does the verse say, “if its owner was not with it, certainly he shall pay”? But since he borrowed the cow and did not ask its owner at the same time, even if the latter was ploughing with it when it died, he is liable.

HALAKHAH: “Somebody borrowed a cow,” etc. What is the status of the night in between? Some say, usually cows rest at their owners’, and this one, because it is leased to him, stays overnight and is as if loaned to him; he is liable. But some say, usually cows do not rest at their owners’, and this one is as if being leased to him; he is not liable.

HALAKHAH: It was stated: ‘Lend me your cow for ten days and you shall be lent to me the first five days.’ If it died, was it subject to the first days’ servitude? It died subject to the later days’ servitude. ‘Lend me your cow for ten days and you shall be lent to me the first of these.’ If it died during the later days, was it subject to the first days’ servitude? it died subject to the later days’ servitude. ‘Lend me your cow after ten days.’ The other one said, ‘take it now.’ If it died, was it subject to the first days’ servitude? It died subject to the later days’ servitude.

HALAKHAH: “If he said to him, lend me,” etc. “Somebody exchanged a cow,” etc. Rebbi Joḥanan said, this contradicts Symmachos who says that in all cases of doubt one splits evenly. Rebbi La said, explain it if both of them say, I am certain. Rebbi Yose explained, if both of them say, I am certain, that is what Rebbi Joḥanan refered to when he said, this contradicts Symmachos’s words.

HALAKHAH: “Somebody sold his olive trees for their wood,” etc. Rebbi Joḥanan asked, what is their status if they become moist?

HALAKHAH: “He who leases a dwelling to another person,” etc. It was stated: “Anywhere they mention 30 days or twelve months it does not mean that one has to dwell there 30 days or twelve months but notice must be given before 30 days or twelve months. An oil press, the entire period it is in use. A wine press, the entire period it is in use. A potter’s atelier no less than twelve months. Rebbi Yose said, when has this been said? For those who work with black earth. But one who works with white earth collects his stock and leaves.”

HALAKHAH: “He who leases a dwelling to another person,” etc. Rebbi Isaac ben Ḥaqula instructed that a mezuzah requires expert installation.

HALAKHAH: “He who leases a dwelling to another person,” etc. Why? If he came to claim at the end of the month, can he collect everything? And if he came to him at the beginning of the month, he can tell him, get out. Samuel says, the Mishnah is so: If he came to claim in the middle of the month. Rav said, a rule to collect. Rebbi La said, this clearly does not follow the rule of Ben Nannas who said, the later language supersedes the earlier one.

HALAKHAH: “He who leases a dwelling to another person,” etc. Rebbi Simeon ben Laqish said, if he puts him into it. Rebbi Joḥanan said, if he told him, a dwelling like this I shall lease to you. But if a person leasing a house wants to sell it? Rebbi Immi said, nobody thinks that this one should die of hunger. Rebbi Ze‘ira and Rebbi Hila both say, while certainly it is acquired by him, he has to tell him, let him dwell there until the time of his recall. There came a case before Rebbi Nisi and he did not accept this. Does he disagree? They said, his daughter was given as a pledge to a Roman [and he did not have the wherewhithal to redeem her and Rebbi Assi instructed to sell;] therefore he instructed following Rebbi Immi.

HALAKHAH: “One who contracts with another for a field” etc. If he uprooted at a place where one usually cuts, he may tell him: “you make it sterile.” Where one uproots and he cuts, one tells him, go out and make it clean.

HALAKHAH: “One who contracts with another for a field,” etc. Rebbi Isaac said, if the well dried up completely. But if it was two storeys deep and now it is three storeys deep, one may tell him: exert yourself and it will be sufficient.

HALAKHAH: “One who contracts with another for a field,” etc. Rebbi Isaac said, this implies that if one lets another’s money lie idle, the other only has a complaint against him. If one lets another’s field lie idly, he has to compensate him adequately. If one lets another’s ship or store lie idly, what is the rule?

HALAKHAH: “One who contracts with another for a field,” etc. “One who contracts with another for a field,” etc. How much is “enough to make a pile”? Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: that the winnowing shovel can stand upright in it. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: only that its handle be on top. Rebbi Joshua ben Levi said: in addition to his expenses. Rebbi Yose ben Ḥanina said: in addition to the expenses of both of them. Rebbi Abbahu said: “for spreading”, to recover the seed grain which was spread on it.

HALAKHAH: “One who contracts with another for a field,” etc. Rav Huna said, if the entire area in that direction was scorched. Simeon bar Abba in the name of Rebbi Joḥanan. But only if it was sown. [But if he did not sow], the other can tell him, if you had sown it would have produced a lot. Think of it, if there were other fields [which were not hit]? He may tell him, the Holy One, praise to Him, is forbearing with the evildoers. If there were other fields which were damaged? He may tell him, so far I was liable in the case; from now on I am no longer liable.

HALAKHAH: “One who contracts with another for a field,” etc. It was stated: “One who contracts with another for a field tithes and delivers to him, the words of Rebbi Meïr. But the Sages say, both for the same kind and for the same field he lifts heave and delivers to him. But from another field or another kind he tithes and delivers to him. Rebbi Meïr says, only for the same kind and for the same field he lifts heave and delivers to him. But from another field or another kind he does (not) tithe and deliver to him.”

HALAKHAH: “One who contracts with another for a field,” etc. One understands that for barley he may not sow wheat; for wheat, may he not sow barley? It follows Rebbi La or is the opinion of everybody at a place where the yield of barley is not twice that of wheat. But at a place where barley produces twice as much as wheat he may sow barley.

HALAKHAH: “One who contracts with another for a field,” etc. One understands that for wheat he may not sow flax. For flax may he not sow wheat? Flax damages the soil for three years and you say so? Rebbi Menaḥem, the brother of Rebbi Gorion, explained before Rebbi La: It is better to sow flax after flax but not barley after barley.

HALAKHAH: “If one contracts with another for a field,” etc. It was stated: “One contracts with another for a field; he sowed it a first year and it did not grow; one forces him to sow a second year. If the second time it did not grow, one cannot force him to sow a third year.” Rebbi Simeon ben Laqish said, that is, a field which had not been checked out. But if it had been checked out, one can force him to sow a third year.

HALAKHAH: “A person hired for the day collects the entire night,” etc. Samuel said, the next morning he is in violation on his behalf because of “ “you must pay his wages on his day”. Rebbi Dosa said, is there one day when you can say that he transgresses on all these counts? If it is to refer to the verses, explain it about a person hired by the hour during day and night who can collect the entire day and the entire night. And it was stated thus: “A person hired by the hour during the day collects the entire day; in the night he collects the entire night. A person hired by the hour during day and night collects the entire night and the entire day.”

HALAKHAH: “Wages of a human,” etc. It is written: “Do not oppress the poor and needy of your brothers,” this refers to Israel. “Your proselytes,” this refers to the just proselytes. “In your land,” to add animals and slaves. “In your gates,” to add movables.

HALAKHAH: It is written about torts that the collection be from the best quality, as it is said: “his best field, etc.” And it is written about a loan that the collection be from average quality, as it is said: “and the man to whom you are creditor, etc.” They inferred real estate from pledges. Similarly, should not pledges be inferred from real estate? Rebbi Simai explained: It is a word of the Torah that the court’s bailiff enter and collect from average quality. For if the creditor enter, he would bring out the best. And if the debtor enter, he would bring out the worst. But the court’s bailiff enters and collects from average quality. Rebbi Ismael stated: It is a word of the Torah that the debtor enter, as it is said: “and the man to whom you are creditor etc.” Rebbi La said, it was stated there: “to seize as pledge”, by the court. Outside the court, from where? The verse says, “if to seize as pledge you seize as pledge.” If he took the pledge without authorization, he transgresses all these verses. Rebbi La said, he caused himself to transgress all these verses.

HALAKHAH: “One may not take a pledge from a widow, whether poor or rich,” etc. It was stated: “One may not take a pledge from a widow, whether poor or rich, since it was said: ‘And do not take a widow’s garment for a pledge’, whether poor or rich, the words of Rebbi Meїr. Rebbi Jehudah says, from a poor one he cannot take any pledge at all, from a rich one he may take a pledge but does not return it since if he came to her he would ruin her reputation.”

HALAKHAH: “If the ground floor and the upper floor belonging to two different persons collapse,” etc. It was stated: If they were blackened like an oven, the upper ones were apt to break. If they fell to the outside, the lower ones were apt to break.

HALAKHAH: “The ground floor and the upper floor belong to two different persons,” etc. It was stated: “If it sprang a leak above the oven, he descends. If it sprang a leak above the fireplace, he descends.” But he may tell him, make yourself a ladder so you do not have to ascend and descend through my dwelling.

HALAKHAH: “If the ground floor and the upper floor,” etc. But if the owner of the ground floor wants to build and the owner of the upper floor does not, may he tell him: seal it? Let us hear from the following: “If his collapsed building was next to another’s collapsed building, and he rebuilt without permission, he computes his actual expenses and he has to pay him all his expenses.” This implies that he cannot tell him, seal it on the side. Just as he cannot tell him, seal it on the side, so he cannot tell him, seal it on top.

HALAKHAH: “And so an olive press,” until “if a wall or a tree,” etc. Rebbi Eleazar said: It happened that a vine was growing on another person’s peach tree, and the peach tree withered. The case came before the great Rebbi Ḥiyya who told him, go and provide him with a peach tree. Rebbi Joḥanan told him: Is this not a Mishnah? “And so an olive press built into a rock and another’s vegetable garden is on its top”? Do we not understand that one does not force? But Rebbi Ḥiyya stated that one forces! We may say that they did not disagree. He who says that one forces, if he is there. But he who says that one does not force, if he is absent.

HALAKHAH: “Somebody who brought his manure,” etc. It was stated: ”A person may unload his manure at his courtyard door in the public domain in order immediately to remove it. But it is forbidden to leave it there. If another person was injured by it, he is liable. Rebbi Jehudah says, at the time of carrying out manure a person may unload his manure at his courtyard door in the public domain for it to be broken down by the feet of people and animals for 30 days, for on this condition did Joshua distribute the Land to Israel.” “A person may unload his dust at his courtyard door in the public domain in order immediately to mix it with water and to bring it to the row of stones; it is forbidden to leave it there. If another person was injured by it, he is liable. He should not knead on one side [and build on the other] but on the side where he is building.” “A person may unload his stones at his courtyard door in the public domain in order immediately to remove them; it is forbidden to leave them there. If another person was injured by them, he is liable. If the quarryman delivered to the camel driver, the camel driver is liable. The camel driver to the stone-mason, the stone-mason is liable. The stone-mason to the porter, the porter is liable. It it was brought up to scaffolding, it was wobbly there and fell, the master-mason is liable. If the (stone-mason) [quarryman] handed it to the (porter) [stone mason] and somebody was injured either by splinters or the stone, the stone-mason is liable. The stone-mason to the porter and he was injured by a splinter, the stone-mason is liable. By the stone, the porter is liable. If it was delivered, settled in the row, and fell, he is not liable.”

HALAKHAH: “Two vegetable gardens,” etc. What shall one do? Ephraim in the name of Rebbi Simeon ben Laqish said, they shall split. In the House of Rebbi Yannai they say, up to ten handbreadths. Rebbi Joḥanan said in the name of Rebbi Yannai: Only he shall not force himself.

HALAKHAH: “Condominium owners who want to make a separation,” etc. As we have stated there: “One does not subdivide a courtyard unless each party has four cubits.” They said, there if the two parties do not agree. But here if both parties agree. And you may even say, here if the two parties do not agree. If this one wishes, one forces the other; if the other one wishes, one forces this one. Rebbi Joḥanan said, one forces for courtyards; one does not force for roofs. Rebbi Nasa wanted to say, in case of a courtyard which is higher than the roof. But in case of a roof which is higher than the courtyard, one forces. Rebbi Joḥanan wanted to say, in case of a courtyard which is higher than the roof one forces. But in case of a roof which is higher than the courtyard, one does not force.

HALAKHAH: “Similarly for a vegetable garden,” etc. It was stated: For a vegetable garden, whether it be a place where it is customary to build a fence, or a place where it is not customary to build a fence, one forces. But in an agricultural area, at a place where it is customary to build a fence one forces; where it is not customary to build a fence one does not force.

HALAKHAH: “Somebody’s [property] surrounded another’s,” etc. Halakhah 5: “If the wall of a courtyard collapsed,” etc. Rav Ḥuna said, only at the rate he is building now. For if he built it arched, he had to build arched. But here if it was built arched and he built it with bricks, he can collect the cost of arches, and if it should collapse, he has to rebuild it.

HALAKHAH: “Somebody’s [property] surrounded another’s,” etc. Halakhah 5: “If the wall of a courtyard collapsed,” etc. Rav Ḥuna said, only at the rate he is building now. For if he built it arched, he had to build arched. But here if it was built arched and he built it with bricks, he can collect the cost of arches, and if it should collapse, he has to rebuild it.

HALAKHAH: “One forces him to build,” etc. Rebbi La said: So it is; the way of a provident person is to build himself a wall, as it is said: “The wealth of the rich is the fortification of his might, etc.” It was stated: “If he stayed there for thirty days he is like the townspeople for the charity chest, for clothing six months, for assessments and penalties twelve months.” After all these, was twelve months said only for assessments and penalties? Rebbi Yose ben Rebbi Abun said for Passover wheat, both to take and to give.

HALAKHAH: “One does not divide the courtyard,” etc. Rebbi Joḥanan said, the four cubits which they mentioned are outside the four cubits of the doors. Bar Kappara stated thus: One does not subdivide a courtyard unless there be eight cubits for each party. Rebbi Joḥanan said, the four cubits which they mentioned are not acquired by him but they are for him to park his animal temporarily and unload his package. Rebbi Jonathan asked: did they only say for him to park his animal temporarily and unload his package temporarily? It was found stated: also the circular enclosure of a cistern has four cubits. They said in the House of Rebbi Yannai: the chicken coop also has four cubits.

HALAKHAH: “A person may not dig a cistern,” etc. So is the Mishnah: “[A person may not dig a cistern close to the wall of his neighbor’s cistern. Nor a ditch, nor a cave, nor a water canal, nor a washer’s pond except if he distanced himself from his neighbor’s wall three handbreadths] and lined with lime. If he lined with lime, any distance. If he did not line with lime, three handbreadths. From the following: “One removes olive peat, and manure, and salt, and lime, and rocks from his neighbor’s wall three handbreadths or lines with lime.” Here you say, because rocks generate heat. But there you say that they do not generate heat. Rebbi Yose said, in no case do rocks generate heat. But because they loosen the earth and damage the ground around the wall.

HALAKHAH: “A person should not put,” etc. It was stated: Nor a smithy. Rav Qarna stated: If he was like a metal worker, or it was built originally as a smithy, it is permitted. How is it in front of his dwelling? Rebbi Aḥa said, certainly not in front of his dwelling. Rebbi Jonathan said, a person causing damage has no claim of undisturbed posession. Rebbi Joshua said, the rabbis object to permanent smoke. As the following: A woman was burning sand below [the apartment of] Rebbi Ilfay. He wanted to object to her. The case came before Rebbi Nasa who said, they said it only about continuous smoke.

HALAKHAH: “A person may not open,” etc. Rebbi Jacob bar Aḥa moved a preparer of fried food from one stall to another stall. One preparer of fried food was dwelling below [the apartment of] Rebbi Eudaimon the brother of Rebbi Yose. Rebbi Aḥa passed by and did not object. He said, the rabbis are passing by and do not object. Rebbi Aḥa got angry with him. Rebbi Eudaimon the brother of Rebbi Yose became seriously ill. Rebbi Yose came to visit him. He said, I shall go and ask him. He went and said, if a court had mercy on somebody would the court prepare shrouds for him?

HALAKHAH: “If somebody’s wall was,” etc. In the House of Rebbi Yannai they said, the Mishnah speaks of those coming first to settle in a new town. Rebbi La said, The Mishnah speaks of a sealed wall. Rebbi Yose said, the Mishnah speaks of a barricade wall. Rebbi Yose ben Rebbi Abun said, the Mishnah says so: “If there are windows, on top, from below, and on equal height, four cubits.” On top four cubits, lest he could stand and see; from below four cubits, lest he could stand and see; at equal hight lest he obscure the sides. This was stated: “One distances the wall from a window by the size of a window.”

HALAKHAH: “One distances the ladder,” etc., until “in his power.” Rebbi Eleazar said, that is, to the right hand side. But to the left he may put it up immediately.

HALAKHAH: “A pigeon chick which is found within 50 cubits,” etc. That is, if no public road interrupts between them. But not if a public road interrupts between them. This is learned from that, and that is learned from this. This is learned from that: if there were two, he has to make it public. That is learned from this: if there were three, it would belong to its finder.

HALAKHAH: “One distances a tree from a town,” etc.. אֲפִילוּ בְתוֹךְ שֶׁלּוֹ אָסוּר Because it creates shadow where it stands or because its falling leaves are dangerous? What is the difference between them? If it stands on one’s own property. If you say, because it creates shadow where it stands, on his property it is permitted. But it you say, because its motion is dangerous, even on his property it is forbidden.

HALAKHAH: “One distances carcasses,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: To the place where one prepares the skins. In the House of Rebbi Yannai they said, up to the place where one might smell what he makes. It was stated so: “Rebbi Aqiba says, he may build it in any direction and distances himself, except to the West because that [wind] is frequent.” Rebbi Mana went to accompany a person afflicted with a skin disease. His father told him, do not walk to the East of him but rather to the West of him.

HALAKHAH: “One distances a soaking pond,” etc. It was stated: One distances an onion bed from leeks, but Rebbi Eleazar ben Rebbi Simeon permits it. Rebbi Jacob ben Dosai said, from these teachings [it follows] that mutually they have to distance themselves one from the other. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: Because the bees’ mouth becomes sharp and they destroy the honey.

HALAKHAH: “One distances a tree,” etc. Halakhah 12: “A person should not plant,” etc. Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: The rabbis’ reason is that civilization is based on cisterns. Simeon bar Abba in the name of Rebbi Joḥanan: Rebbi Joshua answers the rabbis thus: just as you hold that civilization is based on cisterns, so I am holding that civilization is based on trees.

HALAKHAH: “One distances a tree,” etc. Halakhah 12: “A person should not plant,” etc. Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: The rabbis’ reason is that civilization is based on cisterns. Simeon bar Abba in the name of Rebbi Joḥanan: Rebbi Joshua answers the rabbis thus: just as you hold that civilization is based on cisterns, so I am holding that civilization is based on trees.

HALAKHAH: “If a tree overhangs another’s field,” etc. “If a tree overhangs the public domain,,” etc. Rebbi Jonathan was careful in judging; there was a Roman there who was his neighbor both in the field and the house. Rebbi Jonathan had a tree overhanging the Roman’s property. A similar case came before him. He told them, go and return next morning. This Roman said, because of me he did not decide the case. Tomorrow I will abandon my work and see how the judgment goes. If he judges all people and does not judge himself, he is not human. At nightfall, Rebbi Jonathan sent for his carpenter and told him, go and cut everything that overhangs the Roman’s. In the morning, the parties appeared before him. He told him, go and cut what overhangs into his property. The Roman said to him, what is with yours? He told him, go and see; what was done with mine do with yours. He went out and looked. He said, praised be the Jews’ God.

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.”

HALAKHAH: “Rebbi Ismael says, the first three months,” etc. Samuel said, these are the words of Rebbi Ismael and Rebbi Aqiba. But the Sages say, three years grain cutting, three years grape harvesting, three years olive harvesting. Rav said, these are the words of Rebbi Ismael and Rebbi Aqiba. But the Sages say, three years from day to day. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: Just as they disagree here, so they disgree about Elijah’s years.

HALAKHAH: “There are three regions for claims of undisturbed possession,” etc. Rav said, this was taught in emergency situations.

HALAKHAH: “Any claim of undisturbed possession not accompanied by a claim of legal ownership,” etc. But it needs proof of undisturbed possession. There, we have stated: “Rebbi Joshua agrees that if somebody says to anothet, ‘this field’, etc.” As the following. Reuben ate from a field claiming that it was his. Simeon brought witnesses that his father died in possession. One removes [the field] from Reuben and hands it over to Simeon. Reuben went and brought witnesses that [Simeon’s] father did not die in possession. Rebbi Naḥman ben Jacob said, I took it from Reuben, I am returning it to him. Rav said, when you gave it to him, you gave it on the basis of a court decree. From there on the burden of proof is on the claimant.

HALAKHAH: “Partners and sharecroppers,” etc. “A partner.” Samuel said, “partner” is not mentioned here. Does the partner not have a claim to undisturbed possession? Did not Samuel say that the partner who went and planted, planted with permission? When you say, the partner who went and planted, planted with permission, if he was there. When you say, the partner has no claim of undisturbed possession, if he was not there. What does he include in his stead? Artisans and robbers have no claim of undisturbed possession. “If somebody saw his slave at an artisan’s, or his garments at the washer’s, and told him, give me my slave, give me my garments, but he answered him, you gave him to me as a gift; you sold him to me; this is no claim of undisturbed possession. You told me to sell him; you instructed to give him to me as a gift, this is a claim of undisturbed possession.”

HALAKHAH: “Two testify for him,” etc. One said to another “what are you doing in my field?” “For I have the years of undisturbed possession of it.” He went and brought witnesses that he had the years of undisturbed possession of it. The first one went and proved the witnesses of the second perjured. He has to give him the field and the yield of three years.

HALAKHAH: “The following count for a claim of undisturbed possession,” etc. Rebbi Eleazar said, co-owners usually permit chickens to one another. Rebbi Yose said, a Mishnah says otherwise: “Both of them are forbidden to put up there a grindstone or an oven, or to raise chickens there.” Rebbi Eleazar said, if somebody raised chickens in a courtyard which is not his, it is taking in possession. Rebbi Yose said, this is correct. As you take it, if he has permission to raise chickens there, he raises them. If he does not have permission to raise, it would be legally taking in possession.

HALAKHAH: “The drain pipe does not represent a right of possession.” Rebbi Simeon ben Laqish said, to lengthen and to widen it. Rebbi Joḥanan said, in all of that direction, as we have stated: the leader has a domain of four cubits. You have to say, in all this direction. Similarly, the drain tube does not represent a right of possession in all of this direction. It was stated thus: “The location of the drain tube does represent a right of possession, the location of its spout does not represent a right of possession.”

HALAKHAH: “A protrusion down to one handbreadth establishes a right of possession,” etc. Rebbi La in the name of Rebbi Yannai: If the molding is [up to] one handbreadth wide he may extend it all the way, to draw it all the way. Nathan, Rebbi Hoshaia: About one who divides his house.

HALAKHAH: “A person may not open windows,” etc. Here you say, a door opposite a door is permitted, and there you say, a door opposite a door is forbidden. Where you say it is permitted, in an alley. And where you say it is forbidden, in a condominium courtyard. But did we not state: “Just as the inhabitants of a courtyard may object to one another, so the inhabitants of an alley may object to one another”? Rebbi La said, here when permission was given, there when permission was not given. Rebbi Joḥanan said, there is a difference because gardens are usually dug into. Rebbi Nasa said, are ruins not to be rebuilt?

HALAKHAH: “One makes no hollow,” etc. If they collapsed and he wants to rebuild. Rebbi Joḥanan said, he gave up his rights. Rebbi Simeon ben Laqish said, he did not give up his rights. A Mishnah supports one, a baraita supports the other. A Mishnah supports Rebbi Joḥanan: “If a public road went through somebody’s field and he took it and gave them on the side. What he gave, he gave, but his own did not come to him.” A baraita supports Rebbi Simeon ben Laqish: “If somebody bought a courtyard and there are protrusions and balconies, if they collapsed he rebuilds them based on his right of possession.”

HALAKHAH: “One who sells a house,” etc. Rebbi Naḥum in the name of Rebbi Ḥiyya bar Abba: Only if it is four by four [cubits] and ten [handbreadths] high, and only if it is roofed and waterproofed. Rebbi Ze‘ira told them, did Rebbi Ḥiyya bar Abba explain all this to you?

HALAKHAH: “Neither the cistern,” etc. Then why did he write “its bottom and height”? That if he wants to dig down, he may dig down and if he wants to increase its height, he may increase its height. Rav Abba bar Rav Huna in the name of Rav: Practice follows Rebbi Aqiba in our version which is following the rabbis in Rebbi Ḥiyya’s version. Rebbi Ze‘ira, Rav Jeremiah in the name of Rav: Practice follows Rebbi Aqiba in Rebbi Ḥiyya’s version which is following the rabbis in the Babylonians’ version.

HALAKHAH: “He who sold a house,” etc. So is the Mishnah: He sold the hewn mortar but not the affixed one.

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].”

HALAKHAH: “He who sells a bathhouse,” etc. It was stated: “He who sells a bathhouse sold the inner and the outer rooms, the basilica, the heating chamber, and the storekeeper’s chamber, but not the chests nor the boiler. Rebbi Simeon ben Eleazar said, the place of the bath attendant is sold; the place of the storekeeper is not sold. But if he said to him, ‘it and all it contains’? Even if he said to him, ‘it and all it contains’. In neither case did he sell the water ponds which he uses both in summer and in winter or the room in which wood is stored. But if he said to him, ‘it and all its appurtenances,’ all these are sold.”

HALAKHAH: “He who sells a village,” etc. It was stated: “He who sells a village. Rabban Simeon ben Gamliel says, he who sells a village sold the steward but did not sell the administrator. But if he said to him, ‘it and all it contains’? Even if he said to him, ‘it and all it contains’. In neither case did he sell ŝirah and its dependencies, and hard rocks hewn from it, and preserves of wild animals, birds, and fish.” Ŝirah means outlying houses, dependencies are hamlets. Its part in ocean or river, there are Tannaїm who state, it is sold, and there are Tannaїm who state, it is not sold. Rav Ḥisda said, he who says, it is sold, as long as it is within its domain; he who says, it is not sold, if it is not within its domain.

HALAKHAH: 8: “He who sells a field,” etc. Halakhah 9: “But he sold neither,” etc. Halakhah 10: “Neither the cistern,” etc. Halakhah 11: “If somebody dedicated a field to the Temple,” etc. In the House of Rebbi Yannai they said, poles for vines. The Elder Rebbi Ḥiyya asked, if there were split rings to select? Rebbi Isaac bar Tebelai asked, if there were marble plates for walls? Rebbi Yudan ben Rebbi Ismael asked: If there were split rods to frame windows?

HALAKHAH: 8: “He who sells a field,” etc. Halakhah 9: “But he sold neither,” etc. Halakhah 10: “Neither the cistern,” etc. Halakhah 11: “If somebody dedicated a field to the Temple,” etc. In the House of Rebbi Yannai they said, poles for vines. The Elder Rebbi Ḥiyya asked, if there were split rings to select? Rebbi Isaac bar Tebelai asked, if there were marble plates for walls? Rebbi Yudan ben Rebbi Ismael asked: If there were split rods to frame windows?

HALAKHAH: 8: “He who sells a field,” etc. Halakhah 9: “But he sold neither,” etc. Halakhah 10: “Neither the cistern,” etc. Halakhah 11: “If somebody dedicated a field to the Temple,” etc. In the House of Rebbi Yannai they said, poles for vines. The Elder Rebbi Ḥiyya asked, if there were split rings to select? Rebbi Isaac bar Tebelai asked, if there were marble plates for walls? Rebbi Yudan ben Rebbi Ismael asked: If there were split rods to frame windows?

HALAKHAH: 8: “He who sells a field,” etc. Halakhah 9: “But he sold neither,” etc. Halakhah 10: “Neither the cistern,” etc. Halakhah 11: “If somebody dedicated a field to the Temple,” etc. In the House of Rebbi Yannai they said, poles for vines. The Elder Rebbi Ḥiyya asked, if there were split rings to select? Rebbi Isaac bar Tebelai asked, if there were marble plates for walls? Rebbi Yudan ben Rebbi Ismael asked: If there were split rods to frame windows?

HALAKHAH: “He who sells a ship.” etc. It was stated: He who sells a ship sold the ladder and the water tank in it but did not sell the sleeping gear, nor the mats, nor the barge nor the rowboat. Symmachos says, he sold the fishing boat.

HALAKHAH: “He who buys two trees on another’s property,” etc. (The words) [In the House of] Rebbi Yannai they said, what sees the shadow is root, what sees the sun is stem. Rebbi Ḥama bar Uqba in the name of Rebbi Yose: What grows from its roots and its stem is root, from its stem but not its roots is tree. Rebbi Joḥanan said, he who buys three trees buys the land in between them, under them, and outside of them the width of the harvester and his bag. Rebbi Eleazar said, while he has no access, he has the width of the harvester and his bag outside of them.

HALAKHAH: “He who sells the head of a large animal,” etc. Rebbi Isaac asked: If he sold half of the head, did he sell half of the legs? If he sold half of the windpipe, did he sell half of the liver? [If he sold half of the liver,] did he sell half of the windpipe? Let us hear from the following: “If he sold him the entire foot, the entire head, the entire intestines, he gives to the Cohen and does not deduct from the price. If he bought by weight, he gives to the Cohen and deducts from the price.”

HALAKHAH: “Four situations for sellers.,” etc. How is this? If the measuring vessel belonged to the seller, he has the property rights, if to the buyer, he has the property rights. Rav Jehudah in the name of Samuel, Rebbi La in the name of the Great Rebbi Jehudah, so is the Mishnah: If the measuring vessel belonged to a third person. It was stated: Rebbi Jehudah says, Friday evenings close to sundown he is not liable since he has permission, but the Sages say, in any case he is liable. What is the reason for what Rebbi Jehudah said? “If he is hired, it is paid for by his wages.”

HALAKHAH: “Somebody sent his son to a grocer,” etc. Rebbi Abba bar Mamal said, for the tenths he has to let bend down a handbreadth. It is written: “Fair scales, fair weights.” From here the Sages said that any commandment whose reward is noted, the court is not warned about. “You shall have,” appoint market overseers over this. Rebbi Abun bar Ḥiyya said, so is the baraita: Any commandment whose reward is noted the court is not punished about. Rav was appointed market overseer by the Head of the Diaspora; he intervened about measuring vessels but not prices. The Head of the Diaspora jailed him. Rav Qarna went to see him and said, the market overseer about whom they spoke was for measures but not prices. He answered, but you had stated: the market overseer is for both measures and prices. He said to him, go out and tell them, the market overseer is for measures but not prices. He went out and said to them, a person who teaches hidden things they send to jail!