mishnah

MISHNAH: One who contracts with another for a field, if it is an irrigated field or an orchard and the source dried up or the orchard was cut down, he may not deduct from his leasing fee. If he said, this irrigated field or this orchard shall be leased to me and the source dried up or the orchard was cut down, he may deduct from his leasing fee.

MISHNAH: One contracts with another for a field; if after he received it he lets it lie fallow one estimates how much it could yield and gives to him, for so he writes to him: If I let it lie fallow or do not work it, I shall pay as if well-worked.

MISHNAH: One who contracts with another for a field, did not want to weed, and told him, what do you care since I am paying you rent? One does not listen to him since he may tell him, tomorrow you leave it and I’ll have it overgrown with grasses. One who contracts with another for a field and it did not produce. If it is enough to make a pile, he has to work on it. Rebbi Jehudah said, what is the definition of a pile? But if it is enough for spreading.

MISHNAH: One who contracts with another for a field, but it was eaten by locusts or scorched. If it was a countrywide calamity, he reduces his leasing fee; if it was not a countrywide calamity, he does not reduce his leasing fee. Rebbi Jehudah says, if he contracted for a sum of money in no case does he deduct from the leasing fee.

MISHNAH: One who contracts with another for a field, for ten kor of wheat per year. If it was damaged, he delivers from it. If the wheat turned out to be of high quality, he may not tell him: I am buying wheat in the market, but he delivers from the yield.

MISHNAH: One who contracts with another for a field to sow barley shall not sow wheat; for wheat he may sow barley. Rabban Simeon ben Gamliel prohibits. For legumes he may not sow grain; for grain he may sow legumes. Rabban Simeon ben Gamliel prohibits.

MISHNAH: One who contracts with another for a field for a few years may not sow flax and does not have sycamore logs. If he contracted for seven years, he may sow flax and does have sycamore logs.

MISHNAH: If one who contracts with another for a field for a Sabbatical cycle at 700 denars, the Sabbatical year is included. If he contracted for seven years at 700 denars, the Sabbatical is not included.

MISHNAH: A person hired for the day collects the entire night; a person hired for the night collects the entire day. A person hired for hours collects the entire day and the entire night. A person hired for a week, a month, a year, or a Sabbatical period, if he finishes during daytime, he collects the entire day; if he finishes at nighttime, he collects the entire night and the following day.

MISHNAH: Wages of a human, as well as wages for an animal, as well as wages for implements are subsumed under “you must pay his wages on his day” and “one may not withhold a hireling’s wages until the morning”. When? If he claimed it. If he did not claim it, one does not transgress. If one gave him a draft on a storekeeper or a banker, he does not transgress. In his time the hireling swears and takes; after his time he does not swear and take. But if there are witnesses that he did claim, he swears and takes. The resident proselyte is protected by “you must pay his wages on his day” but not by “one may not withhold a hireling’s wages until the morning”.

MISHNAH: A person who lends to another may take a pledge from him only in court. He may not enter his house to take his pledge, as it is said: “You have to stand outside.” If he had two vessels, he takes one and returns one. He returns the pillow for the night and the plough for the day. If he dies, he does not return it to his heirs. Rabban Simeon ben Gamliel says, even to himself he returns it only up to 30 days; after thirty days he sells it in court

MISHNAH: 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.” One who takes a flour mill as pledge transgresses a prohibition and is guilty for two vessels, as it was said: “Do not take upper and lower millstones as pledge.” They said, not only upper and lower millstones but everything used to make food, as it was said: “For he takes a living person for a pledge.”

MISHNAH: If the ground floor and the upper floor belonging to two different persons collapse, they divide wood, stones, and dust between themselves. One takes into consideration which stones were at risk to break. If one of them recognized his stones, he takes them, and they are debited to his account.

MISHNAH: The ground floor and the upper floor belong to two different persons; if the upper floor sprang a leak and the owner of the ground floor does not want to fix it, the owner of the upper floor descends and dwells below until he fixes the upper floor for him. Rebbi Yose says, the lower one gives the roofing and the upper one the roof covering.

MISHNAH: If the ground floor and the upper floor belonging to two different persons collapse, and the owner of the upper floor suggests to the owner of the ground floor to rebuild but himself refuses to build, then the owner of the upper floor rebuilds the ground floor and dwells in it until he pays his expenses. Rebbi Jehudah says, but he who dwells in another person’s [place] would have to pay him rent; so the owner of the (ground) floor builds ground and upper floors and makes the roof over the upper floor but dwells on the ground floor until he pays his expenses.

MISHNAH: And so an olive press built into a rock with a vegetable garden on its top: If it caved in, the garden’s owner may sow on the bottom until he build cupolas on his olive press. If a wall or a tree fell into the public domain and caused damage, he is not liable to pay. If he was given an order to tear down the wall or cut down the tree; within the term he is not liable, after the term he is liable.

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.

MISHNAH: Somebody’s wall bordering on another’s vegetable garden collapsed. That one told him, remove your stones; if he said, they are yours, one does not listen to him. If after the other had accepted, he told him: here are your expenses and I shall take what is mine, one does not listen to him. Somebody hired a worker to work on straw and chaff. When he said to him, pay me my wages, he answered, take what you worked on as your wages, one does not listen to him. If after the other had accepted, he told him: here are your wages and I shall take what is mine, one does not listen to him. If somebody brought his manure into the public domain, he who brings, brings, and he who uses it to manure, manures. One does not soak loam in the public domain nor does one form bricks; one kneads loam in the public domain but not bricks. If somebody builds in the public domain and somebody brings stones; he who brings, brings, and he who builds, builds; but if he caused damage, he pays for what he damaged. Rabban Simeon ben Gamliel says, also he has to prepare his work 30 days in advance.

MISHNAH: Two vegetable gardens, one on top of the other and vegetables growing between them. Rebbi Meїr says, it is the upper’s. Rebbi Jehudah says, it is the lower’s. Said Rebbi Meїr: If the upper’s owner wanted to remove his earth, there would be no vegetables. Said Rebbi Jehudah: If the lower’s wanted to fill up his vegetable garden with earth, there would be no vegetables. Said Rebbi Meїr: Since both of them may object to one another one looks from where these vegetables grow. Rebbi Simeon says, any which the upper’s may take by stretching out his hand are his; the remainder is the lower’s.

MISHNAH: Condominium owners who want to make a separation in the courtyard build the wall in the middle. At a place where commonly one builds with unhewn stones, or hewn stones, or half-bricks, or bricks, everything follows local custom. For unhewn stones, each partner gives three handbreadths. For hewn stones, each gives two and one half handbreadths. For half-bricks, each gives two handbreadths. For bricks, each gives one and a half handbreadths. Therefore, if the wall collapsed the place and the stones belong to both of them.

MISHNAH: Similarly for a vegetable garden; a place which customarily is fenced in, he must fence in. But in an agricultural area, a place which customarily is not fenced in, one does not obligate him. But if he wishes, he builds inside his land and makes a façade to the outside; therefore if the wall collapses both land and stones are his. But if they did it with mutual agreement they build the wall in the middle and make façades on both sides; therefore if the wall collapses both land and stones belong to both of them.

MISHNAH: Somebody’s [property] surrounded another’s on three sides. If he fenced in the first, and the second, and the third sides, one does not hold [the other] liable. Rebbi Yose said, if the latter then fenced in the fourth side, one rolls everything over to him. If the wall of a courtyard collapsed, one obligates him to rebuild up to four cubits. There is a presumption that he gave, unless he brings proof that he did not give. Higher than four cubits one does not obligate him, but if he built an adjacent wall, even though he did not put on roofing, one rolls everything over to him. There is a presumption that he did not give, unless he brings proof that he gave.

MISHNAH: One forces him to build a porter’s lodge and a door for the courtyard. Rabban Simeon ben Gamliel says, not all courtyards are appropriate for a porter’s lodge. One forces him to build a wall for the town with double doors and bolt. Rabban Simeon ben Gamliel says, not all towns are appropriate for a wall. How long does he have to stay in a town to be like an inhabitant of the town? Twelve months; if he bought an apartment he immediately is an inhabitant of the town.

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

MISHNAH: A person may not dig a cistern close to 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. One removes olive peat, and manure, and salt, and lime, and rocks from his neighbor’s wall three handbreadths or lines with lime. One distances seeds, and ploughs, and urine three handbreadths from the wall. One distances a grindstone three from the base, which means four from the moving stone, and the oven three from the base, which means four from its rim.

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.

MISHNAH: A person should not put an oven in the house unless there be above it a space of four cubits; or if he puts it on the upper floor unless there be under it insulating material three handbreadths and for a stove one handbreadth But if he caused damage, he must pay what he damaged. Rebbi Simeon said, the reason they indicated these measures is that he not be liable to pay if he caused any damage,.

MISHNAH: A person may not open a bakery or a dye shop under the storage room of another person, nor an animal barn. In truth they permitted for wine, but not an animal barn. About a store in the courtyard one may object and tell him, I cannot sleep because of the noise of those coming and the noise of those leaving. One who manufactures vessels has to leave and sells them in the market; nobody may object and tell him, I cannot sleep because of the noise of the hammer, nor because of the noise of a grindstone, nor because of the noise of children.

It was stated: In truth, they permitted for wine even though it diminishes it because it improves it. Rav Hoshaia when he heard this statement put his wine in the attic of the bath house. His wine became foul-smelling. He said, the Mishnah led me astray. But the Mishnah did not lead him astray; the smell of the bath house made his wine foulsmelling.

It was stated: In truth, they permitted for wine even though it diminishes it because it improves it. Rav Hoshaia when he heard this statement put his wine in the attic of the bath house. His wine became foul-smelling. He said, the Mishnah led me astray. But the Mishnah did not lead him astray; the smell of the bath house made his wine foulsmelling.

MISHNAH: If somebody’s wall was close to another’s wall he may not build his wall close by unless he moves it four cubits away. If there are windows, on top, from below, and on equal height, four cubits.

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: “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: “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: “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.”

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

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

MISHNAH: One distances a tree from a town by 25 cubits; but carob tree or sycamore by 50 cubits; Abba Shaul says, every non-fruit tree by 50 cubits. If the town existed before the tree, one cuts it down and does not pay for it; if the tree existed before the town, one cuts it down and pays for it. If there is a doubt which one existed before the other, one cuts it down but does not pay. One distances a threshing floor 50 cubits from the town. A person shall not make a threshing floor on his property unless he owns 50 cubits in each direction. He distances it from another’s orchards or ploughed field so that he will not cause damage.

MISHNAH: One distances carcasses, and graves, and tanneries 50 cubits from the town, and one builds a tannery only to the East of a town. Rebbi Aqiba says, one may build in any direction except to the West, and distances himself by 50 cubits.

MISHNAH: One distances a soaking pond from vegetables, and leeks from onions, and mustard from bees. Rebbi Yose permits mustard.

MISHNAH: One distances a tree 25 cubits from a cistern, but carob tree and sycamore 50 cubits, whether on top or level. If the cistern existed before, he shall cut it down and pay for it; if the tree existed before, one shall not cut it down. Rebbi Yose said, even if the cistern existed before, one shall not cut it down since the one digs on his property and the other plants on his property. A person should not plant a tree next to another’s field unless he distanced himself from it by four cubits, whether vines or any other tree. If there was a wall between them, each one goes close to the wall. If its roots extended to another’s field, he lowers the roots three handbreadths in order not to hinder the plough. If one was digging a cistern, or a ditch, or a cavern, he cuts and excavates and the wood is his.

MISHNAH: If a tree overhangs another’s field, he may cut it in the height of the plough’s ox-goad; carob tree and sycamore along the plumb line. Over an irrigated field along the plumb line. Abba Shaul says, every non-fruit-bearing tree along the plumb line. If a tree overhangs the public domain, one has to cut it so that a camel with a rider on it may pass; Rebbi Jehudah says, loaded with flax or bundles of vine cuttings. Rebbi Simeon says, any tree [must be cut] along the plumb line because of impurity.

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

MISHNAH: Rebbi Ismael says, three months in the first and three months in the last with twelve months in the middle, for a total of eighteen months. Rebbi Aqiba says, one month in the first and one month in the last with twelve months in the middle, for a total of fourteen months. Rebbi Ismael said, when has this been said? A field of grain. But for an orchard, if he harvested his yield, lifted his olives, and collected his cut figs it counts for three years.

MISHNAH: There are three regions for claims of undisturbed possession: Judea, Transjordan, and Galilee. If he was in Judea and somebody claimed undisturbed possession in Galilee, or in Galilee and somebody claimed undisturbed possession in Judea, it is not undisturbed possession unless he be in the same province. Rebbi Jehudah said, they said three years only for the case that if he is in Spain, he should be in possession for one year; they went and told him during one year, and he returns within one year.

MISHNAH: Any claim of undisturbed possession not accompanied by a claim of legal ownership is not a claim of undisturbed possession. How is this? He said to him, what are you doing on my property? Nobody ever said anything to me is not a claim of undisturbed possession. You sold it to me, you gave it to me as a gift, is a claim of undisturbed possession. A person entering because of inheritance does not need a claim.

MISHNAH: Partners and sharecroppers have no claim of undisturbed possession. A husband has no claim of undisturbed possession in his wife’s property, nor a wife in her husband’s property, nor a father in his son’s property, nor the son in his father’s property. When has this been said? For one who claims undisturbed possession. But if one is given a gift, or brothers distributed the estate, one takes possession of a convert’s property, when he locked, fenced in, or made any breach that is a legal form of taking in possession.

MISHNAH: Two testify for him that he ate its yield for three years; if they are found perjured they pay everything to him. Two for the first [year], two for the second, two for the third, pay together. Three brothers and another joins them; these are three testimonies which count as one testimony.

MISHNAH: The following count for a claim of undisturbed possession and the following do not count for a claim of undisturbed possession. If one put his animals into a courtyard, an oven, a cooking stove, or a grindstone, or raises chickens, or puts his manure in a courtyard, it does not count for a claim of undisturbed possession. But if he made for his animals an enclosure ten [handbreadths] high, or did it for an oven, a cooking stove, or a grindstone, brought chickens into the house, or made a place for his manure three [handbreadths] low or three high: this counts for a claim of undisturbed possession.

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.

MISHNAH: The drain pipe does not represent a right of possession; its location represents a right of possession. The leader represents a right of possession. An Egyptian ladder does not represent a right of possession; a Tyrian one represents a right of possession. An Egyptian window does not represent a right of possession; a Tyrian one represents a right of possession. What is an Egyptian window? Any where a man’s head cannot enter. Rebbi Jehudah says, if it has a wooden frame it represents a right of possession even if a man’s head cannot enter.

MISHNAH: A protrusion down to one handbreadth establishes a right of possession but he can object; less than a handbreadth does not establish a right of possession but he cannot object.

MISHNAH: A person may not open windows into the common courtyard. If he bought a house in another courtyard he may not open it into the common courtyard. If he built a second floor on top of his house he may not open it into the common courtyard but he may build a room inside his house or a second floor on top of his house on condition that the access to it be from within his house. In a common courtyard a person may not open a door opposite a door, a window opposite a window. If it was small, he may not enlarge it. If it was one, he may not make it double. But he may open into the public domain a door opposite a door and a window opposite a window. If it was small, he may enlarge it. If it was one, he may make it double.

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

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 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.”

MISHNAH: One who sells a house did not sell the shed even if it opened into it, nor the room which is in its interior, nor the roof if it has a railing ten handbreadths high. Rebbi Jehudah says, if its entry point is shaped like a door it is not sold even if its railing is not ten handbreadths high.

MISHNAH: Neither the cistern nor the cellar even though he wrote over to him “its bottom and height,” and he has to buy himself access, the words of Rebbi Aqiba, but the Sages say that he does not have to buy himself access. Rebbi Aqiba agrees that if he said “except these”, he does not have to buy himself access. If he sold them to another person, Rebbi Aqiba said, he does not have to buy access, but the Sages say, he has to buy access.

MISHNAH: He who sold a house sold the door but not the key. He sold a built-in mortar but not a movable one. He sold the pine cone but not the enclosure. He sold the oven and the cooking stove. But if he said to him, “it and all it contains,” all is sold.

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

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

MISHNAH: He who sells an olive-press building sold the lower stone of the olive mill, the upper stone, and the scaffolding for the beam of the press, but he sold neither the planks, nor the wheel, nor the beam. But if he said to him, “it and all it contains,” all is sold. Rebbi Eliezer said, he who sells an olive-press building sold the beam.

MISHNAH: He who sells a bathhouse sold neither the planks nor the stools, nor the bath utensils. But if he said to him, “it and all it contains,” all is sold. In neither case did he sell the storage ponds of water or the stores of wood.

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

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

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

The conditions which Joshua imposed. Rebbi Levi ben Birai in the name of Rebbi Joshua ben Levi: four. One may collect grasses everywhere except from a field of fenugreek where it is forbidden because of robbery. There, we have stated: “Or fenugreek where grasses appeared, one does not require him to weed.” So is the Mishnah: One does not require him to uproot. As one of Joshua’s conditions you say, one may collect grasses everywhere except from a field of fenugreek where it is forbidden because of robbery. This implies that he does not want them. He said, there if he sowed it to make sheaves, but here when he sowed it for seeds. Did Joshua made conditions for the benefit of sinners? Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: He would like it if they were uprooted and lying before him. And he mentions a vineyard field, as Rebbi Yannai said: all spontaneous growth is forbidden except for what appears on a fallow field, or a field ready to be ploughed under, a vineyard or a field grown for seeds. A fallow field, for he does not care. A field ready to be ploughed under, for he wants to improve his field. A vineyard, not to forbid his vineyard. A field grown for seeds, for he does not want it; and if you say he does, he would like it if they were uprooted and lying before him.

There, we have stated: “If somebody find a corpse in original position, lying as usual, he takes him and his surroundings.” Rav Ḥisda said, this implies that it is permitted to remove a corpse of obligation, since we have stated: “he takes him and his surroundings.” And how much? Rebbi Samuel in the name of Rebbi Jonathan: Up to three finger-breadths, the place where fluid penetrates. Rebbi Ze‘ira says, this is not reasonable; it is forbidden to remove a corpse of obligation. If you would say, it is permitted to remove him, since you are going to ruin the whole field, would it be permitted to remove him? Since it is obvious for the Tanna that it is forbidden to remove a corpse of obligation, therefore, one needs the Mishnah. Rav Ḥisda said, it follows him who said, it is permitted to remove a corpse of obligation; I am saying that he was buried on a permitted path. But whould one not have to worry that maybe he was a corpse of obligation? Corpses of obligation are infrequent.

MISHNAH: He who buys two trees on another’s property did not acquire the land; Rebbi Meїr says, he acquired the land. If they grew, he need not cut them. What grows from the stem is his, from the roots is the owner’s of the ground. If they died, he has no land. If he bought three, he bought the land. If they grew, he has to cut them. What grows from the roots is his. If they died, he has the land.

MISHNAH: He who sells the head of a large animal did not sell the feet; if he sold the feet he did not sell the head. If he sold the windpipe he did not sell the liver; if he sold the liver he did not sell the windpipe. But for a small animal, if he sold the head he sold the feet; if he sold the feet he did not sell the head. If he sold the windpipe he sold the liver; if he sold the liver he did not sell the windpipe.

MISHNAH: Four situations for sellers. If one contracted to sell high quality wheat and it turned out to be low quality, the buyer may annul the contract. Low quality and it turned out to be high quality, the seller may annul the contract. Low quality and it turned out to be low quality, high quality and it turned out to be high quality, neither of them may annul the contract. Brown grain and it turned out to be white grain, white grain and it turned out to be brown grain, olive wood and it turned out to be sycamore wood, sycamore wood and it turned out to be olive wood, wine and it turned out to be vinegar, vinegar and it turned out to be wine, either of them may annul the contract. If somebody sold produce to another and this one moved it without measuring, he took possession. If he was measuring without moving, he did not take possession. If he is intelligent, he rents its place. If somebody buys flax from another he he did not take possession until he moved it from place to place; but if it still was standing on the ground and he plucked anything, he took possession. If somebody sold wine or oil to another and it rose or fell in price, if it was before the measure was filled it is for the seller, after the measure was filled for the buyer. If a broker was involved and the amphora broke, it broke for the broker. He is obligated to let it drip three drops. If he tilted and emptied it, [the remainder] is for the seller. The grocer does not have to let it drip three drops. Rebbi Jehudah says, Friday evenings close to sundown he is not liable.

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.”

MISHNAH: Somebody sent his son to a grocer who measured him oil for an assarius and he gave him the assarius; if he broke the flask and lost the assarius, the grocer is liable. Rebbi Jehudah holds him not liable since for that he sent him. The Sages agree with Rebbi Jehudah that if the flask was in the child’s hand and the grocer measured into the flask, the grocer is not liable. The wolesaler cleans his measuring vessels once every thirty days, the householder every twelve months. Rabban Simeon ben Gamliel says, it is the other way around. The retail grocer cleans his measuring vessels twice a week, wipes his weights clean once a week, and cleans his scales after each weighing. Rabban Simeon ben Gamliel said, when has this been said? For fluids, but for dry matter it is not necessary; he has to let [the scales] bend down a handbreadth. If he weighed strictly by eyesight he has to give him surplus, one tenth for fluids and one twentieth for dry products. At a place where one is used to small measures he should not use large ones, to large measures he should not use small ones, to level one must not heap, to heap one must not level.

MISHNAH: If somebody sells grain to another and it did not sprout, or even flax seed, he is not responsible for it. Rabban Simeon ben Gamliel said, for garden seeds which are not edible he is responsible. If somebody sells produce to another he has to accept a quarter [qab] of chaff per se’ah; for figs he has to accept ten worm-bitten ones per hundred; with a wine cellar he has to accept ten sour ones per hundred; with vessels in the Sharon he has to accept ten pitassaot per hundred. If somebody sells wine to another and it turned into vinegar, he is not responsible for it. But if it was known that his wine turns into vinegar, it is a buy in error. If he told him, I am selling you spice wine, it has to keep until Pentecost. “Old” is from the year before, “aged” from three years.

MISHNAH: If somebody sells a plot to another to build a house, or he contracts to build him a wedding building for his son, a widow’s seat for his daughter, builds four by six cubits, the words of Rebbi Aqiba. Rebbi Ismael says, this is a cowshed. If one wants to build a cowshed, he builds four by six cubits, a small room six by eight, a large one eight by ten, a dining hall ten by ten, and its height equal to half its length and width; the reason is the Temple and its walls. Rabban Simeon ben Gamliel said, a building like the Temple?

MISHNAH: If somebody has a cistern inside another’s house, he may enter at times when people usually enter and must leave when people usually leave. He cannot bring his animal and let it drink from his cistern but draws water and lets it drink outside. Each of them makes a lock for himself. If somebody has a vegetable garden inside another’s vegetable garden, he may enter at times when people usually enter and must leave when people usually leave. He cannot bring traders inside and cannot use it to go to another field; the outside owner may sow on the path. If he was allowed a path on the side by common accord, he may enter any time he wishes and leave any time he wishes; he can bring traders inside but cannot use it to go to another field; neither owner may sow on it.

MISHNAH: If a public way was passing through somebody’s field, he took it away and gave them [a road] to the side of his property, what he gave, he gave, but what he wanted for himself he did not get. A private way is four cubits wide, a public way sixteen cubits; a king’s highway has no limit; the way to the cemetary has no limit. The place for funeral orations, the judges of Sepphoris say an area of four qab. If somebody sells a plot to another to build a grave, or he contracts to build him a grave makes the cavity of the cavern four cubits by six and opens into it eight sepulchral chambers, three on each side and two at the back wall. The chambers are four cubits long, seven [handbreadths] high and six [handbreadths] wide. Rebbi Simeon says, he makes the cavity of the cavern six by eight [cubits] and opens into it thirteen sepulcral chambers, four on each side, three at the back wall, one to the right of the entrance and one to its left. In front of the cavern he excavates a courtyard of six by six [cubits] for the bier and its carriers. He opens into it two caverns, one at each side. Rebbi Simeon says four, each to each direction of the compass. Rabban Simeon ben Gamliel says, all depends on the rock.

HALAKHAH: “If a public way was passing through somebody’s,” etc., to the end of the Mishnah. Rebbi Ḥiyya bar Joseph said, he makes them like keyholes. Rebbi Joḥanan told him, but dogs are not buried in that way! What does he do? He builds inside as if outside. Do the crossings not interfere with one another? They do not cross; he builds one higher and one lower.

MISHNAH: If somebody says to another: I am selling you a bet kor of dust, if there were depressions ten handbreadths deep or rocks ten handbreadths high, they are not measured with it; less than that they are measured with it. But if he said, about a bet kor of dust, if there were depressions deeper than ten handbreadths or rocks higher than ten handbreadths, they are measured with it.

MISHNAH: “I am selling you a bet kor of dust measured by the surveyor’s measuring tape,” if a little bit be missing, he deducts, if it be a little more, he has to refund. If he said “more or less,” even if it was deficient by a quarter [qab] per se’ah or redundant by a quarter [qab] per se’ah, he received it. For more than that one makes a computation. What does he return? Money. But if he agreed, he returns land to him. Then why did they say, he returns money to him? To empower the seller, for if this one retained for himself a space for nine qab, or in a vegetable garden the space for half a qab (or following Rebbi Aqiba a bet rova‘) he returns land to him. Not only the quarter [qab] he has to return but all the excess.

MISHNAH: “Measured by the surveyor’s measuring tape, more or less;” “more or less” invalidated “measured by the surveyor’s measuring tape”. “More or less, measured by the surveyor’s measuring tape;” “measured by the surveyor’s measuring tape” invalidated “more or less”, the words of Ben Nannas. “By its description and its boundary strips,” less than one sixth he received it, up to a sixth he shall deduct.

MISHNAH: If somebody say to another: I am selling you half a field, they estimate in common and he takes half of his field. Its Southern part I am selling to you, they estimate in common and he takes the Southern half. He has to accept the place of the wall, the trench or the small trench. How much is a trench? Six handbreadths. And the small trench, three.

MISHNAH: Some inherit and bequeath; inherit but do not bequeath, bequeath but do not inherit, neither inherit nor bequeath. The following inherit and bequeath: The father from the sons, and the sons from the father, and the paternal brothers inherit and bequeath. A man from his mother, a man from his wife, and the sons of sisters inherit but do not bequeath. A woman to her son, a woman to her husband, and the mother’s brothers bequeath but do not inherit. But the maternal brothers neither inherit nor bequeath. The order of inheritances is the following: “If a man die without a son, you shall transfer his estate to his daughter.” The son precedes the daughter and all the son’s descendants come before the daughter. The daughter precedes the brothers and all the daughter’s descendants precede the brothers. The brothers precede the father’s brothers and all their descendants precede the father’s brothers. This is the principle: For every one preceding in inheritance, his descendants precede. But the father precedes all his descendants.

MISHNAH: Zelophehad’s daughters took three parts in inheritance: Their father’s who was of those who left Egypt, his part among his brothers in the estate of Hepher, and because he was firstborn he was taking two parts.

Rebbi Joshiah said, the Land was distributed to those who left Egypt, as it is written: “By the names of the fathers’ tribes they shall inherit.” Then why does the verse say: “To those”? Only because of women and because of children. Rebbi Joḥanan said, the Land was distributed to those who entered the Land, as it was said, “to those it shall be distributed.” Then why does the verse say: “By the names of the fathers’ tribes”? This inheritance was different from all other inheritances in the world. For in all other inheritances in the world the living inherit from the dead but here the dead from the living. It was stated: Rebbi Joshua ben Qorha said, the Land was distributed to those who left Egypt and to those who stood in the plains of Moab. How is that? If one was both of those who left Egypt and those who stood in the plains of Moab, he took two parts. Of those who left Egypt but not of those who stood in the plains of Moab, or of those who stood in the plains of Moab but not of those who left Egypt, he took one part. The daughters of Zelophehad took five parts: their part with those who left Egypt and their part with those who stood in the plains of Moab. And because he was a firstborn they took two parts. And their father’s part among his brothers. Rebbi Yose said, the Mishnah says otherwise. But “giving you shall give them inheritance among their father’s brothers.” That is what is written: “Ten measures fell to Manasseh”.

MISHNAH: Both son and daughter are equal for the rules of inheritance, except that the son take a double portion of the father’s property but no double portion of the mother’s property. And the daughters can claim sustenance from the father’s property but not from the mother’s property.

MISHNAH: One who says, “my firstborn X shall not take a double portion,” [or] “my son Y shall not inherit together with his brothers,” did not say anything since he stipulated against what is written in the Torah. One who distributes his property orally, if he increased for one, or diminished for another, or made the firstborn equal to the others, his words are upheld; except if, however, he formulated it in terms of inheritance, he did not say anything. But if he wrote in terms of gift, whether at the start, or in the middle, or at the end, his words are upheld.

MISHNAH: One who says, Mr. X shall inherit from me while he has a daughter, or, my daughter shall inherit from me while he has a son, did not say anything since he stipulated against what is written in the Torah. Rebbi Joḥanan ben Beroqah said, if he said that about anybody who can be his heir, his words stand; about anybody who cannot be his heir, his words do not stand.

HALAKHAH: “One who says, Mr. X shall inherit from me,” etc. Rebbi Joḥanan said, Rebbi Joḥanan ben Beroqa said only this about a son among sons or a daughter among daughters, but not a daughter among brothers or a brother among daughters. Rebbi Joḥanan said, practice follows Rebbi Joḥanan ben Beroqa. Rebbi asked Rebbi Nathan; bar Abba said, so was the question: What is Rebbi Joḥanan ben Beroqa’s reason? Rebbi Ze‘ira said, so was the question: What did they see to say that practice follows Rebbi Joḥanan ben Beroqa? He told him, did you not teach us so: “they shall inherit”? So is the Mishnah: “they shall take.” [Rebbi] La said, even following him who said “inherit”, is not the power of the court strengthened? As you say, nobody can transfer property using the language of gift; here he may do it. Similarly, nobody can transfer property using the language of inheritance; here he may do it.

MISHNAH: If one writes his properties over to others while neglecting his children, what he did is done but the Sages do not approve of him. Rabban Simeon ben Gamliel says, if his children did not behave properly, let him be well remembered.

MISHNAH: He who says, this is my son, is to be believed. This is my brother, he is not to be believed but he shall split his part with him; if he dies the properties shall return to their origin. If he received property from another source, his brother shall inherit with him. If somebody died and a will was found tied to his hip, this is nothing. If in it he transferred property to another, whether of the heirs or not of the heirs, his words are confirmed.

MISHNAH: One who writes his properties over to his sons must write: “from today and after my death,” the words of Rebbi Jehudah. Rebbi Yose said, it is unnecessary. If one writes his properties over to his son for the time after his death, the father cannot sell them because they are written over to the son; the son cannot sell because they are in the father’s possession. If the father sold, they are sold until he dies. If the son sold, the buyer has no claim until the father dies. The father harvests and feeds anybody he pleases; what becomes part of his estate belongs to the heirs.

MISHNAH: If he left adult and underage sons, the adult ones cannot be provided for at the expense of the underaged, nor the underaged fed at the expense of the adults, but they split evenly. If the adult ones wed, the underaged may wed. But if the underaged said, we want to have weddings just as you had, one does not listen to them, because what their father gave them, he gave. If he left adult and underage daughters, the adult ones cannot be provided for at the expense of the underaged, nor the underaged fed at the expense of the adults, but they split evenly. If the adult ones wed, the underaged may wed. But if the underaged said, we want to have weddings just as you had, one does not listen to them. It is a restriction about daughters which does not exist for sons, that daughters will be fed at the expense of sons but not at the expense of daughters.

MISHNAH: If somebody die and is survived by sons and daughters. If the estate is large, the sons inherit and the daughters will be sustained. If the estate is small, the daughters shall be sustained and the sons shall go begging. Admon said, because I am a male, shall I lose? Rabban Simeon ben Gamliel said, I am convinced by Admon’s statement.

HALAKHAH: “If somebody die and is survived by sons and daughters,” etc. So is the Mishnah: “the daughters shall be sustained and the sons shall go (begging) [peddling].

MISHNAH: If he is survived by sons, daughters, and a sexless child, if the estate is large the males push him to the females; if the estate is small the females push him to the males. If somebody says, in case my wife gives birth to a male, he shall take a mina; if she gave birth to a male he takes a mina. But if a female 200, if she gave birth to a female she takes 200. If a male a mina, if a female 200, if she gave birth to a male and a female, the male takes a mina and the female 200. If she gave birth to a sexless child, he does not take anything. If he said, any that my wife shall give birth to shall take, and if there is no heir but him, he inherits everything.

MISHNAH: If he is survived by adult and underage children and the adult ones improved the property, the improvement goes to the estate. But if they said, make an inventory of what our father left and we are going to work and profit from it, they improved it for themselves. Similarly, a woman who improved the property improved for the estate. But if she said: see what my husband left for me, I shall work it and eat from it; then she improved it for herself.

MISHNAH: If one of co-owning brothers was requisitioned, he was requisitioned from the estate. If he fell sick and was healed, the medical costs are his own. If some of the brothers together sent a wedding gift during their father’s lifetime, if a corresponding gift was returned, it returned to them in common since wedding gifts can be sued for in court. But if somebody’s friend sent him pitchers of wine or oil they cannot be sued for since they represent deeds of charity.

MISHNAH: If somebody sent bridal gifts to his father-in-law’s house, if he sent there for 100 minas and ate there a marriage meal for at least a denar’s worth, they cannot be collected. If he did not eat there a marriage meal, they can be collected. If he sent large bridal gifts which she is expected to bring with her to her husband’s house, they can be collected. Small bridal gifts which she is supposed to use in her father’s house cannot be collected.

MISHNAH: If a bedridden person distributed all his properties to others but reserved any real estate his gift is permanent; if he did not reserve any real estate his gift is not permanent. If [in the document] it was not written “bedridden”; he says, I was bedridden, but they are saying, he was healthy, he must prove that he was bedridden, the words of Rebbi Meїr. But the Sages say, the burden of proof is on the claimants.