Mishnah
Mishnah

Mesorat%20hashas for Beitzah 5:5

הַגַּחֶלֶת כְּרַגְלֵי הַבְּעָלִים, וְשַׁלְהֶבֶת בְּכָל מָקוֹם. גַּחֶלֶת שֶׁל הֶקְדֵּשׁ מוֹעֲלִין בָּהּ, וְשַׁלְהֶבֶת לֹא נֶהֱנִין וְלֹא מוֹעֲלִין. הַמּוֹצִיא גַחֶלֶת לִרְשׁוּת הָרַבִּים, חַיָּב. וְשַׁלְהֶבֶת, פָּטוּר. בּוֹר שֶׁל יָחִיד, כְּרַגְלֵי הַיָּחִיד. וְשֶׁל אַנְשֵׁי אוֹתָהּ הָעִיר, כְּרַגְלֵי אַנְשֵׁי אוֹתָהּ הָעִיר. וְשֶׁל עוֹלֵי בָבֶל, כְּרַגְלֵי הַמְמַלֵּא:

A coal is "as the feet of the owner," and a flame (may be taken by the borrower) in any place (where the borrower may go). [If one lit his lamp by his neighbor's flame, he is not impeded in respect to interdicted bounds.] Me'ilah [abuse of consecrated objects] obtains with a coal of hekdesh (the Temple). [If one benefits from it, he brings a me'ilah gilt-offering.]; and with a flame (of hekdesh), one may not benefit from it [ab initio, by rabbinical ordinance] and [if he did benefit from it], me'ilah does not obtain. [He need not bring a me'ilah offering, for a flame is not substantial. Likewise,] if one carries a coal to the public domain (on Shabbath), he is liable; and with a flame, [if he pushed it with his hand from a private domain to the public domain], he is not liable. A well owned by an individual is "as the feet of the individual." [The water is taken only (as far) "as the feet of the owner of the well."]; and (a well owned in common) by the people of a city, "as the feet of the people of that city." [The water may be taken two thousand cubits in every direction outside its outskirts.]; and (the water of a well) of those who come up from Bavel, [a well made for travelers in the middle of the road by the Jews of the exile to drink from when they would come up (to Eretz Yisrael)] is "as the feet of the filler." [For it (the water) is hefker (unowned), and hefker is acquired by lifting. So that if another came and asked to borrow his water, he may take it only as far "as his (the lender's) feet." For this tanna holds that breirah (retroactive designation) obtains towards stringency (of ruling), so that as of yesterday it is "huvrar" (from "breirah") that the water belonged to this man (the lender) and that it was in his domain. This, as opposed to the view of R. Yochanan b. Nuri that articles of hefker acquire "resting" for themselves in their place.]

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