Bava Batra 6

הַמּוֹכֵר פֵּרוֹת לַחֲבֵרוֹ וְלֹא צִמְּחוּ, וַאֲפִלּוּ זֶרַע פִּשְׁתָּן, אֵינוֹ חַיָּב בְּאַחֲרָיוּתָן. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, זֵרְעוֹנֵי גִנָּה שֶׁאֵינָן נֶאֱכָלִין, חַיָּב בְּאַחֲרָיוּתָן:

If one sells "fruits" [unqualified] to his neighbor, [not specifying whether for eating or for sowing, and they do not sprout] — even flax seed, [which is generally sold for sowing], he is not liable for "returns," [for he can say: "I sold them for eating"; for the rule of the majority is not followed in money matters.] R. Shimon b. Gamliel says: With garden seeds, which are not eaten, he is responsible for returns. [The Gemara construes the entire Mishnah in accordance with R. Gamliel. It is regarded as defective and to be taught thus: "He is not liable for returns even with flax seed. But with garden seeds, which are not eaten, he is liable for returns. These are the words of R. Shimon b. Gamliel. (For R. Shimon b. Gamliel says that one is liable for garden seeds, which are not eaten.) It is a "mistaken sale," for they were certainly sold for sowing.]

הַמּוֹכֵר פֵּרוֹת לַחֲבֵרוֹ, הֲרֵי זֶה מְקַבֵּל עָלָיו רֹבַע טִנֹּפֶת לִסְאָה. תְּאֵנִים, מְקַבֵּל עָלָיו עֶשֶׂר מְתֻלָּעוֹת לְמֵאָה. מַרְתֵּף שֶׁל יַיִן, מְקַבֵּל עָלָיו עֶשֶׂר קוֹסְסוֹת לְמֵאָה. קַנְקַנִּים בַּשָּׁרוֹן, מְקַבֵּל עָלָיו עֶשֶׂר פִּיטַסְיָאוֹת לְמֵאָה:

If one sells produce to his neighbor, he [the buyer] takes upon himself a quarter of defective (produce) for each sa'ah, this being the normal (spoilage) for produce, and not more.] With figs, he take upon himself ten wormy ones to a hundred, [one out of ten]. With a wine cellar, he takes upon himself ten bad wines to a hundred. [If it is a wine cellar of large jugs, he takes upon himself ten large jugs. If, of (small) pitchers, he takes upon himself ten pitchers. This, only when he says to him: "I sell you this (wine) cellar, and for mikpeh"; that is, to put in a dish. But if he says: "I sell you a cellar of wine for mikpeh," he must give him all good wine. For mikpeh wine must be good and long-lasting, it being used only little by little. And if he said: "I am selling you wine" (unqualified), not mentioning mikpeh, he gives him "average" wine, the kind sold in a shop. And if he said: "I am selling you this cellar," without mentioning wine, even if it were all vinegar, the sale stands.] With (wine) vessels in the Sharon, he takes upon himself ten thin jugs [(which are not entirely baked, and which absorb and exude wine)] to a hundred.

הַמּוֹכֵר יַיִן לַחֲבֵרוֹ וְהֶחְמִיץ, אֵינוֹ חַיָּב בְּאַחֲרָיוּתוֹ. וְאִם יָדוּעַ שֶׁיֵּינוֹ מַחְמִיץ, הֲרֵי זֶה מִקַּח טָעוּת. וְאִם אָמַר לוֹ יַיִן מְבֻשָּׂם אֲנִי מוֹכֵר לְךָ, חַיָּב לְהַעֲמִיד לוֹ עַד הָעֲצֶרֶת. וְיָשָׁן, מִשֶּׁל אֶשְׁתָּקַד. וּמְיֻשָּׁן, מִשֶּׁל שָׁלֹשׁ שָׁנִים:

If one sold wine to his neighbor and it turned sour, he [the seller] is not liable for returns. [For when he sold it, it was wine. This, only if it became vinegar in the buyer's vessels. For, if in the seller's vessels, he (the buyer) can say to him: "Here is your wine and here are your vessels." And the seller cannot tell him: "Why did you leave it in he vessels so long? It is your loss." For the buyer can tell him: "I told you in the beginning that I intended to use the wine only little by little."] And if it is known that his wine turns sour, [i.e., that it does not last; and the buyer told him that he did not need it for wine (i.e., for immediate drinking), but for mikpeh, to be used little by little], it is a "mistaken sale." [For he should have told him that his wine does not "hold."] And if he told him: "I am selling you spiced wine, [which generally "holds" until Shevuoth, after which it spoils, he must supply him (with wine that holds) until Shevuoth.] And [if he sold him wine purported to be] "old," [he gives him wine] from the previous year. And "very old," from three years (before).

הַמּוֹכֵר מָקוֹם לַחֲבֵרוֹ לִבְנוֹת לוֹ בַיִת, וְכֵן הַמְקַבֵּל מֵחֲבֵרוֹ לִבְנוֹת לוֹ בֵית חַתְנוּת לִבְנוֹ וּבֵית אַלְמְנוּת לְבִתּוֹ, בּוֹנֶה אַרְבַּע אַמּוֹת עַל שֵׁשׁ, דִּבְרֵי רַבִּי עֲקִיבָא. רַבִּי יִשְׁמָעֵאל אוֹמֵר, רֶפֶת בָּקָר הוּא זֶה. הָרוֹצֶה לַעֲשׂוֹת רֶפֶת בָּקָר, בּוֹנֶה אַרְבַּע אַמּוֹת עַל שֵׁשׁ. בַּיִת קָטָן, שֵׁשׁ עַל שְׁמֹנֶה. גָדוֹל, שְׁמֹנֶה עַל עֶשֶׂר. טְרַקְלִין, עֶשֶׂר עַל עֶשֶׂר. רוּמוֹ כַּחֲצִי אָרְכּוֹ וְכַחֲצִי רָחְבּוֹ. רְאָיָה לַדָּבָר, הֵיכָל. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, הַכֹּל כְּבִנְיַן הֵיכָל:

If one sells a place to his neighbor to build a house for him; likewise, one who is commissioned by his neighbor to build a "wedding house" for his son, [it being customary to build a house for one's son when he marries], or a "widowhood house" for his daughter, [when her husband dies and she returns to her father's house. But in her husband's lifetime she is with her husband, it not being customary for a man to live with his in-laws], he builds (at least) four by six cubits. These are the words of R. Akiva. R. Yishmael says: This is a cattle shed! [i.e., He must build it larger.] If one wishes to make a cattle shed, he builds four cubits by six. A small house is six by eight. [The smallest of houses is six by eight, and if one sells a place to his neighbor to build a house for him, the house must be (at least) six by eight.] [If he specified] "a large house," (it must be (at least) eight by ten. A "house of state," ten by ten. Its height must be (the sum of) half its length and half its width. [This refers to all of the above, viz.: For a small house, the height is seven cubits; for a large house, nine; and for a "house of state," ten.] Confirmation of this — the (Temple) sanctuary, (which was forty in length, twenty in width, and thirty in height — half the sum of the length and the width.) R. Shimon b. Gamliel says: All according to the structure of the sanctuary. [Some understand this to mean: It is R. Shimon b. Gamliel who taught: "Its height must be … Confirmation of this, etc." Others understand it as R. Shimon b. Gamliel differing with the first tanna, expressing wonder, viz.: "Is everything to be built according to the structure of the sanctuary!" The criterion, rather, is "the custom of the land."]

מִי שֶׁיֶּשׁ לוֹ בוֹר לִפְנִים מִבֵּיתוֹ שֶׁל חֲבֵרוֹ, נִכְנָס בְּשָׁעָה שֶׁדֶּרֶךְ בְּנֵי אָדָם נִכְנָסִין וְיוֹצֵא בְּשָׁעָה שֶׁדֶּרֶךְ בְּנֵי אָדָם יוֹצְאִין, וְאֵינוֹ מַכְנִיס בְּהֶמְתּוֹ וּמַשְׁקָהּ מִבּוֹרוֹ, אֶלָּא מְמַלֵּא וּמַשְׁקָהּ מִבַּחוּץ, וְזֶה עוֹשֶׂה לוֹ פוֹתַחַת וְזֶה עוֹשֶׂה לוֹ פוֹתָחַת:

If one owns a well inside his neighbor's house (so that he must pass through the house to reach the well), he enters at a time when men are wont to enter, [i.e., in the daytime, so that he does not constrain his neighbor to arise at night], and he leaves when men are wont to leave. And he does not bring his animal in to give it to drink from his well; but he fills up (from his well) and gives it to drink outside. And this one makes a lock for himself, [so that the house owner not steal water from his well], and that one makes a lock for himself, [at the entrance to the well, so that the other (the well owner) will not be able to draw water without the house owner's knowledge and will not come to his house unless he is there. (This, to prevent infidelity.)]

מִי שֶׁיֶּשׁ לוֹ גִנָּה לִפְנִים מִגִּנָּתוֹ שֶׁל חֲבֵרוֹ, נִכְנָס בְּשָׁעָה שֶׁדֶּרֶךְ בְּנֵי אָדָם נִכְנָסִים וְיוֹצֵא בְּשָׁעָה שֶׁדֶּרֶךְ בְּנֵי אָדָם יוֹצְאִין, וְאֵינוֹ מַכְנִיס לְתוֹכָהּ תַּגָּרִין, וְלֹא יִכָּנֵס מִתּוֹכָהּ לְתוֹךְ שָׂדֶה אַחֶרֶת, וְהַחִיצוֹן זוֹרֵעַ אֶת הַדָּרֶךְ. נָתְנוּ לוֹ דֶרֶךְ מִן הַצַּד מִדַּעַת שְׁנֵיהֶם, נִכְנָס בְּשָׁעָה שֶׁהוּא רוֹצֶה וְיוֹצֵא בְּשָׁעָה שֶׁהוּא רוֹצֶה, וּמַכְנִיס לְתוֹכָהּ תַּגָּרִין, וְלֹא יִכָּנֵס מִתּוֹכָהּ לְתוֹךְ שָׂדֶה אַחֶרֶת, וְזֶה וָזֶה אֵינָם רַשָּׁאִים לְזָרְעָהּ:

If one owned a garden inside his neighbor's garden, and the latter agreed to give him passage rights through his field, he enters at a time when men are wont to enter and he leaves when men are wont to leave. And he may not bring merchants therein (to buy his produce), and he may not enter therefrom into a different field. [For since he causes him considerable damage by passing through his field, we presume that he agreed (that he pass through) only for his garden needs and not for any other purpose.] And the outer may sow the path. [For since it is in the midst of his field, we presume that he did not grant him the path entirely to the point of his not being able to sow it.] If he were given a side path by mutual agreement, he may enter when he wishes and leave when he wishes and bring merchants therein. But he may not enter therefrom into a different field; and both may not sow it. [For since it is a side path, it was intended for passage alone.]

מִי שֶׁהָיְתָה דֶרֶךְ הָרַבִּים עוֹבֶרֶת בְּתוֹךְ שָׂדֵהוּ, נְטָלָהּ וְנָתַן לָהֶם מִן הַצַּד, מַה שֶּׁנָּתַן נָתַן, וְשֶׁלּוֹ לֹא הִגִּיעוֹ. דֶּרֶךְ הַיָּחִיד, אַרְבַּע אַמּוֹת. דֶּרֶךְ הָרַבִּים, שֵׁשׁ עֶשְׂרֵה אַמָּה. דֶּרֶךְ הַמֶּלֶךְ, אֵין לָהּ שִׁעוּר. דֶּרֶךְ הַקֶּבֶר, אֵין לָהּ שִׁעוּר. הַמַּעֲמָד, דַּיָּנֵי צִפּוֹרִי אָמְרוּ, בֵּית אַרְבַּעַת קַבִּין:

If a public path [i.e., one always used by the public] passed through one's field — If he took it and gave them one on the side, what he gave is given and (what he took) for himself does not revert to him. [And the public (now) has two paths, it being ruled: "A path held by the public may not be subverted."] A private path is four cubits. [i.e., If one sells his neighbor a path in the midst of his field, he must give him (at least) four cubits. A public path is sixteen cubits. The king's path has no limits. [For a king may "breach fences" before him to make a way for himself.] The path [on which one is carried] to the grave has no limits. [This is a rabbinic ordinance of respect for the dead. Not that those accompanying the body may "breach fences," as a king may, but they may pass over sown ground and need not detour to the side.] (If one sells his neighbor) a ma'amad (site), the judges of Sepphoris say: (He must give him at least an area of four kabin [i.e., thirty-three cubits and two handbreadths in width by fifty cubits in length. In the place of the ma'amad (lit., "standing"), they would execute seven standings and seven sittings when they returned from burying the dead, corresponding to the seven "Vanities" in the beginning of the book of Koheleth.]

הַמּוֹכֵר מָקוֹם לַחֲבֵרוֹ לַעֲשׂוֹת לוֹ קֶבֶר, וְכֵן הַמְקַבֵּל מֵחֲבֵרוֹ לַעֲשׂוֹת לוֹ קֶבֶר, עוֹשֶׂה תוֹכָהּ שֶׁל מְעָרָה אַרְבַּע אַמּוֹת עַל שֵׁשׁ, וּפוֹתֵחַ לְתוֹכָהּ שְׁמֹנָה כוּכִין, שְׁלֹשָׁה מִכָּאן וּשְׁלֹשָׁה מִכָּאן וּשְׁנַיִם מִכְּנֶגְדָּן, וְכוּכִין אָרְכָּן אַרְבַּע אַמּוֹת וְרוּמָן שִׁבְעָה וְרָחְבָּן שִׁשָּׁה. רַבִּי שִׁמְעוֹן אוֹמֵר, עוֹשֶׂה תוֹכָהּ שֶׁל מְעָרָה שֵׁשׁ אַמּוֹת עַל שְׁמֹנֶה, וּפוֹתֵחַ לְתוֹכָהּ שְׁלֹשָׁה עָשָׂר כּוּךְ, אַרְבָּעָה מִכָּאן וְאַרְבָּעָה מִכָּאן וּשְׁלֹשָׁה מִכְּנֶגְדָּן וְאֶחָד מִימִין הַפֶּתַח וְאֶחָד מִן הַשְּׂמֹאל. וְעוֹשֶׂה חָצֵר עַל פִּי הַמְּעָרָה שֵׁשׁ עַל שֵׁשׁ, כִּמְלֹא הַמִּטָּה וְקוֹבְרֶיהָ, וּפוֹתֵחַ לְתוֹכָהּ שְׁתֵּי מְעָרוֹת, אַחַת מִכָּאן וְאַחַת מִכָּאן. רַבִּי שִׁמְעוֹן אוֹמֵר, אַרְבַּע, לְאַרְבַּע רוּחוֹתֶיהָ. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, הַכֹּל לְפִי הַסָּלַע:

If one sells a place to his neighbor to make a grave for himself; likewise, if one is commissioned by his neighbor to make a grave for him, he makes the middle of the (burial) cave four cubits [wide] by six [cubits] long, and opens into it eight graves: three on one side and three on the other [on the two sides of the length of the cave], and two opposite [the entrance of the cave], each grave four cubits long, six cubits wide, and seven cubits high [so that between each grave on the sides there are one and a half cubits; and between the two at the end, two cubits.] R. Shimon says: He makes the middle of the grave six cubits by eight, and opens into it thirteen graves: four on one side and four on the other, three opposite (the entrance), one to the right of the entrance and one to the left. And a courtyard is made before the cave, six by six, the fullness of (i.e., large enough to contain) the litter and its buriers; and two caves are opened into it, one on each side. R. Shimon says: Four, on its four sides. R. Shimon b. Gamliel says: All according to the (hardness) of the rock. [If it is hard, he is required to dig only six cubits long and four cubits wide, as per the first tanna; and if it is soft and loose, he is required to dig six by eight as per R. Shimon. The halachah is in accordance with the first tanna.]