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.
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 but it seems that one has to switch the statements: If the broken stones were black like the inside of an oven, they probably were foundation stones. If stones fell away from the house and are broken, they were upper floor stones ( Responsa Radbaz vol. 5, #2112; cf. Tosephta kiFshutah Bava meṣia‘ p. 304). .
“If one of them recognized his stones, he takes them, and they are debited to his account.” Rebbi Hoshaia said, this means that the hand rules on one side. There 7:9, Notes 128–129. , we have stated: “A hundred ṭevel in a hundred profane, he removes 101. A hundred ṭevel in a hundred tithe, he removes 101.” in question is tithe of which heave of the tithe was not taken and which therefore is forbidden for consumption to anybody not a Cohen. The question is why 101 has to be taken as ṭevel rather than 100. The question is answered by R. Yose. Rebbi Yose said, if you say that he takes 100, I would say that only profane came to his hand and the other remains ṭevel . So he takes 101 in order to separate heave and heave of the tithe from the ṭevel.
Those bearing columns. Rebbi Ze‘ira: He tells the bottom dweller, you are obliged to support me. Rebbi La: He tells the dweller in the upper floor, the builders say that both have to build the foundations. The following supports the builders: “If his ruined building was close to the wall of his neighbor’s courtyard, he should not tell him: I am contributing to the foundations of your wall where it comes up, but he has to contribute to the foundations from the bottom and up. If it was built on top of ditches or caves, he is not obligated for anything.” Rebbi Yose ben Rebbi Abun said, explain it, for example those inhabitants of Bet Shean where the bottom dweller cannot build unless the builder of the upper floor builds.
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.
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.
“Rebbi Yose says, the lower one contributes the roofing and the upper one the roof covering,” etc. Rebbi Justus in the name of Rebbi Simeon ben Laqish:: The bottom dweller contributes the logs and the planks; the dweller on the upper floor contributes the roof covering. Which kind of roof covering? Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar: heavy roof covering. Rebbi Abbahu in the name of Rebbi Eleazar: medium roof covering, since they only spoke about rinsing cups. But if he wanted to wash clothing, also Rebbi Abbahu in the name of Rebbi Eleazar will agree that the roof covering has to be heavy. Rebbi Ḥanina instructed those of Sepphoris that both of them should contribute the logs and the plates since they expect to bring up there their wine and their produce.
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.
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: is Tosephta 11:4 . “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.
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 “Persian plum 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.
“If he was given an order to cut down.” What is the time limit? Rebbi Hoshaia said, 30 days 2:5 , the wording is: at least 30 days. The enforcement of a strict limit of 30 days for obeying court orders is Amoraic. .
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.
HALAKHAH: “Somebody who brought his manure,” etc. It was stated: 81b .. ”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. 5:1 Notes 16 ff. ” “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 2:5, Note 226 . , and fell, he is not liable.”
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.
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 3:1, Notes 25,26). The owner of private property owns the rights to its airspace without limitations ( Babli Šabbat 7a/b ), but for any domain not purely private property, the domain only extends ten handbreadths from the ground ( Kilaim 6:2, Note 31 , Šabbat 11:2 13a l. 32; Babli Šabbat 7b ). Since the area between the two vegetable gardens is not the private domain of either of them, the domain of the owner of the lower plot cannot extend to more than 10 handbreadths above his ground. . Rebbi Joḥanan said in the name of Rebbi Yannai: Only he shall not force himself 39b , R. Joḥanan in the name of R. Yannai). He qualifies the right of the owner of the upper plot in that he has a right only to those vegetables which he can reach without undue exertion. In the Babli, 119a , this opinion is quoted in the name of the House of R. Yannai. .
A wall between two partitions (Warsaw 1883, vol. 1, part 2, p. 24b Note 14). which was breached. Rav and Samuel, one said, half belongs to one party, the other half to the other party. The other said, both own it entirely. What is the difference between them? If one found a find. For him who said that half belongs to one party, the other half to the other party, if it was on one side it belongs to this party, one the other side it belongs to the other party. For him who said that both own it entirely, the finder acquired it.