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 4:1, olive peat, manure, salt, and lime are mentioned as generating heat and therefore forbidden as material in which food can be stored for use on the Sabbath. The omission of rocks implies that they do not generate heat. . Rebbi Yose said, in no case do rocks generate heat. הנך משום , Tosaphot s. v. משום דמשתכי . . But because they loosen the earth and damage the ground around the wall.
It was stated: “If it was solid rock, it is permitted.” As we say, Rebbi Joḥanan left the synagogue and let water behind the door. But we do not know whether it was because it was solid rock or because he suffered pain and could no bear it.
This means, about grindstones there, but for our grindstones three from the pine cone which is four from the enclosure. “And the oven three from the base which are four from its rim.” Rebbi Yudan bar Pazi said, from the outer rim inwards; but the rabbis say, from the inner rim outwards. If if was built like a dovecote, what [are the rules]? Let us hear from the following: “Rebbi Jehudah said, unless there be under it insulating material three handbreadths and for a stove one handbreadth.” Is a stove not build like a dovecote, and you say both above and below a handbreadth? Also here, both above and below a handbreadth.
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,.
HALAKHAH: “A person should not put,” etc. It was stated: Nor a smithy. Rav Qarna stated: If he was like a metal worker4:22 ; he only spends a small part of his time as a smith; most of his time he manufactures metal vessels. , 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 (Phoenix, Job 19:18 ). For חולין Rosh reads קלא or קולין “roasts”. 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.
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.
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?
A person sold his entire house; he reserved for himself one stone bench where he went and sat. The case came before Rebbi Jonah and Rebbi Yose. They said, it is not in your power to go and sit there and observe who comes and goes in his house. A person sold half his house; he reserved a bake shop for himself. The case came before Rebbi Jonah and Rebbi Yose. They said, you are coming to him; he is not coming to you, as it is stated: “If the barn or the store preceded the storage room, he cannot object.”
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: About his neighbor he may change his mind. Once he accepted it he can no longer change his mind. Rabban Simeon ben Gamliel says, even after he accepted it, he can change his mind, for he can tell him, they come and go here, they are looking for you and do not find you, and they increase traffic here. Rebbi Ḥanina and Rebbi Mana, one said, what is “his neighbor”? He let him live in his house. Once he accepted it he can no longer change his mind. Rav Huna said, one said, what is “his neighbor”? He opened a store for him. Once he accepted it he can no longer change his mind. Rabban Simeon ben Gamliel parallels Rebbi Meïr, as we have stated there 7:11, Note 163. A woman was informed of bodily defects of her prospective husband before her marriage. The majority hold that once married, she cannot ask the court to force a divorce because of the husband’s defects. R. Meїr disagrees as explained in the text. : “For all of these says Rebbi Meїr that, even if he contracted with her, she can say ‘I thought that I could stand it, now I cannot.’ ”
“Nobody may object and tell him, I cannot sleep because of the noise of the hammer, or because of the noise of a grindstone, or because of the noise of children.” Those who teach boys and those who feed one another, their fellows may object to what they are doing, for he can tell him, they come and go here, they are looking for you and do not find you, and they increase traffic here. Those Sepphoreans can object to one another for nailing down their looms. Rebbi Abime bar Tobi instructed to put one loom between two walls. Rebbi Isaac bar Ḥaqula distanced a saw-horse four cubits from the wall. Rebbi Yose ben Abun said, those pillars which are weakened are weakened because of the force of shouts. The wall of Ḥoms fell before the noise of the Persians’ arrows.
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.”
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.
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.
Here, you say 50 cubits. But there, you say 30 stadia. Rebbi Yose ben Rebbi Abun said, they feed within fifty cubits; they fly even four mil 7:10, Notes 105–107 . .
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.
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 this2:4, Notes 54–55 . Something found in an apartment shared by two people has to be advertised; in a hotel frequented by 3 or more people it belongs to the finder. . 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 finder2:4, Notes 54–55 . Something found in an apartment shared by two people has to be advertised; in a hotel frequented by 3 or more people it belongs to the finder. .
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.
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 48b ). In the parallel, Babli 24b , the word is נויי which Maimonides ( Šekhenim 10:1), and Rashi by the absence of a commentary, understand as “beauty” but R. Gershom (correct text in Arukh completum s. v. ניא) explains the Babli’s “because of נויי” that all places in and around the town should be freely accessible (maybe for the fire brigade.) He seems to identify the Yerushalmi’s ניא with the Babli’s נויי. Torczyner and Ben Jehudah, in the latter’s Thesaurus, do not come to a conclusion as to meaning and etymology of the word. 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.
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.
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.
MISHNAH: One distances a soaking pond from vegetables, and leeks from onions, and mustard from bees. Rebbi Yose permits mustard.
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 does the same for a person wanting to plant onions next to an existing bed of leeks. One has to conclude that in all cases the latecomer has to be careful not to hurt existing cultures and the rules of the Mishnah work both ways. . Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: Because the bees’ mouth becomes sharp and they destroy the honey.
MISHNAH: One distances a tree 25 cubits from a cistern, but carob tree and sycamore 50 cubits, whether on top or level 1:2 (Notes 28–34 ), R. Yose ben Rebbi Abun characterizes the Babli’s opinion as R. Simeon’s and holds that R. Yose, who is the higher authority, allows a tree to be planted below the cistern. He will require that the cistern’s bottom not be below its owner’s property line on the hill. (It is not obvious that the opinions of the editors of the other parts of the Yerushalmi are accepted in Neziqin .) . 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.
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 the tree’s owner to cut it down if the cistern’s owner offers him money? . 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.
[Rebbi Yasa said in the name of Rebbi Joḥanan: Roots are irrelevant for First Fruits.] Rebbi Yose said, he said it correctly. For if he did say that roots are important, nobody could ever bring First Fruits since the roots of one enter the other’s ground and vice-versa. Therefore, Rebbi Yasa said in the name of Rebbi Joḥanan: Roots are irrelevant for First Fruits.
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 requires that branches overhanging a public road must be cut up to a height of 15 Roman pedes, not quite 4.5 m.) He insists on a Jewish rationale. The impurity of the dead is transferred not only by touch but by being under one “tent” with a corpse. The crown of a tree forms such a “tent.” If the tree overhangs a road but grows inside a fence or wall which obstructs the view, a person passing under it could be inadvertentently become severely impure (cf. Nazir 7:3, Notes 163–164 ). Therefore, in the Land of Israel all overhangs have to be eliminated. He has no rules for other countries. .
HALAKHAH: “If a tree overhangs another’s field,” etc. “If a tree overhangs the public domain,,” etc. 3 [ Ginze Schechter I (New York 1928), p. 130]. A similar story, about R. Yannai, is in the Babli, 60a/b . 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.
A woman honored Rebbi Jonathan with figs. He told her, please if you brought them covered, take them away covered; but if you brought them in the open, take them away in the open, so that people should not say that she brought him denars and he honored her with figs.
Rebbi Ḥanina brought Rebbi Jonathan to his garden and served him figs. When he left, he saw one tree of white benot ševa‘ 2:8, Note 135. . He asked him, why did you not let me eat from these? He told him, they are my son’s. Rebbi Ḥanina was afraid of robbing his son.
Rebbi Yasa in the name of Rebbi Joḥanan: Practice follows Rebbi Simeon. Rebbi Ḥiyya in the name of Rebbi Joḥanan: Everybody agrees that practice follows Rebbi Simeon.