Bava Metzia 10

הַבַּיִת וְהָעֲלִיָּה שֶׁל שְׁנַיִם שֶׁנָּפְלוּ, שְׁנֵיהֶם חוֹלְקִים בָּעֵצִים וּבָאֲבָנִים וּבֶעָפָר, וְרוֹאִים אֵילוּ אֲבָנִים הָרְאוּיוֹת לְהִשְׁתַּבֵּר. אִם הָיָה אֶחָד מֵהֶן מַכִּיר מִקְצָת אֲבָנָיו, נוֹטְלָן וְעוֹלוֹת לוֹ מִן הַחֶשְׁבּוֹן:

A house and an upper story belonging to two, [the house belonging to one, and the upper story, to another], which fell — both divide the wood, the stones, and the soil, [it not being recognizable which stones belong to the upper and which to the lower], and we gauge which stones would have been broken. [If the house buckled at its foundation and collapsed, it may be assumed that the lower stones broke; and if the top part of the wall fell outwards, (it may be assumed that) the upper stones were broken, having fallen from a height, and that the lower are intact. As to "both divide," above, this speaks of an instance where the wall fell at night, and the stones were immediately cleared, so that it could not be established whether it fell by buckling and the lower stones broke, or whether it fell by a blow and the upper stones broke.] If one of them recognized some of his stones [and they were intact,], he takes them, and they are deducted from the account, (the other taking whole stones against them.) [("he takes them":) as when the other admits to some of them, and about the others he says: "I do not know," for since he admits to some, he is subject to a Torah oath — but he cannot swear, (not knowing); and whoever is subject to an oath but cannot swear pays. But if he said about all of them: "I do not know," he swears that he does not know and shares equally with his fellow.]

הַבַּיִת וְהָעֲלִיָּה שֶׁל שְׁנַיִם, נִפְחֲתָה הָעֲלִיָּה וְאֵין בַּעַל הַבַּיִת רוֹצֶה לְתַקֵּן, הֲרֵי בַעַל הָעֲלִיָּה יוֹרֵד וְדָר לְמַטָּה, עַד שֶׁיְּתַקֵּן לוֹ אֶת הָעֲלִיָּה. רַבִּי יוֹסֵי אוֹמֵר, הַתַּחְתּוֹן נוֹתֵן אֶת הַתִּקְרָה, וְהָעֶלְיוֹן אֶת הַמַּעֲזִיבָה:

A house and an upper story belonging to two — If the upper story were "reduced" [If one rented to another the upper story of his house, saying to him: "I am renting you the upper story of this house," and the upper story were reduced four by four handbreadths, so that if the other wishes to use the upper story, he must do so part above and part below], and the owner of the house did not want to repair it, the upper story dweller goes down and lives below [entirely] until he repairs it for him. [For the landlord bound his house to the upper story, and we do not compel the tenant to live part above and part below.] R. Yossi says: "The lower supplies the ceiling beams, and the upper, the [clay] paving, [which is placed on the ceiling beams. R. Yossi holds that the paving is a "hole-evener," for which the upper story dweller must provide. And the rabbis hold that the paving is a ceiling straightener, for which the lower story dweller must provide. The halachah is in accordance with the sages.]

הַבַּיִת וְהָעֲלִיָּה שֶׁל שְׁנַיִם שֶׁנָּפְלוּ, אָמַר בַּעַל הָעֲלִיָּה לְבַעַל הַבַּיִת לִבְנוֹת, וְהוּא אֵינוֹ רוֹצֶה לִבְנוֹת, הֲרֵי בַעַל הָעֲלִיָּה בּוֹנֶה אֶת הַבַּיִת וְדָר בְּתוֹכוֹ עַד שֶׁיִּתֶּן לוֹ אֶת יְצִיאוֹתָיו. רַבִּי יְהוּדָה אוֹמֵר, אַף זֶה דָּר בְּתוֹךְ שֶׁל חֲבֵרוֹ, צָרִיךְ לְהַעֲלוֹת לוֹ שָׂכָר, אֶלָּא בַעַל הָעֲלִיָּה בּוֹנֶה אֶת הַבַּיִת וְאֶת הָעֲלִיָּה וּמְקָרֶה אֶת הָעֲלִיָּה, וְיוֹשֵׁב בַּבַּיִת עַד שֶׁיִּתֶּן לוֹ אֶת יְצִיאוֹתָיו:

A house and an upper story belonging to two, [the house to one and the upper story to the other], which fell — If the owner of the upper story told the owner of the house to build [the wall and the lower ceiling, which he is obliged to build], and he refused, the owner of the upper story builds the house and lives in it until he (the other) pays him his expenses. [He builds the house and the lower ceiling and dwells in it until he recovers his expenses, and then he vacates it and builds his upper story.] R. Yehudah says: This one, too, lives in his neighbor's (dwelling), and he must pay him! [i.e., If so, when the expenses are returned to the upper story dweller, he is found to have lived all of these days in his neighbor's dwelling. And even though the other (the house owner) loses nothing thereby, for he would not have built in any event, still, the upper story dweller benefits; for if not for this house, he would not have a place to live. And R. Yehudah holds that if one benefits from another and the other loses nothing thereby, the first is (nonetheless) liable.] Rather, the upper story dweller builds the house and the upper story, and he roofs in the upper story and dwells in the house until he recovers his expenses. [He dwells in the lower house, and he is not regarded as one benefitting from another, for his upper story is ready for him to live in. And the other (the house owner) loses nothing thereby, for he would not have built it in any event.]

וְכֵן בֵּית הַבַּד שֶׁהוּא בָנוּי בְּסֶלַע, וְגִנָּה אַחַת עַל גַּבָּיו, וְנִפְחַת, הֲרֵי בַעַל הַגִּנָּה יוֹרֵד וְזוֹרֵעַ לְמַטָּה עַד שֶׁיַּעֲשֶׂה לְבֵית בַּדּוֹ כִּפִּין. הַכֹּתֶל וְהָאִילָן שֶׁנָּפְלוּ לִרְשׁוּת הָרַבִּים וְהִזִּיקוּ, פָּטוּר מִלְּשַׁלֵּם. נָתְנוּ לוֹ זְמַן לָקֹץ אֶת הָאִילָן וְלִסְתֹּר אֶת הַכֹּתֶל, וְנָפְלוּ בְּתוֹךְ הַזְּמָן, פָּטוּר, לְאַחַר הַזְּמָן, חַיָּב:

Likewise with an olive-pressing house built into a rock, and a garden on top, [the house belonging to one, and the garden to the other] — If it (the roof of the house) were "reduced" four by four hand-breadths, so that it cannot be sown as before], the owner of the garden goes down and sows below (in the house) until he makes a vaulted roof for his house, [on which the garden owner can place soil and sow.] If one's wall or tree fell into the public domain and caused damage, he is not liable to pay. [For what could he have done? He was taken unawares.] If they [beth-din] gave him time [thirty days] to cut down the tree or tear down the wall, and they fell within that time, he is not liable; if after that time, he is liable.

מִי שֶׁהָיָה כֹתְלוֹ סָמוּךְ לְגִנַּת חֲבֵרוֹ וְנָפַל, וְאָמַר לוֹ פַּנֵּה אֲבָנֶיךָ, וְאָמַר לוֹ הִגִּיעוּךָ, אֵין שׁוֹמְעִין לוֹ. מִשֶּׁקִּבֵּל עָלָיו אָמַר לוֹ הֵילָךְ אֶת יְצִיאוֹתֶיךָ וַאֲנִי אֶטֹּל אֶת שֶׁלִּי, אֵין שׁוֹמְעִין לוֹ. הַשּׂוֹכֵר אֶת הַפּוֹעֵל לַעֲשׂוֹת עִמּוֹ בְּתֶבֶן וּבְקַשׁ, וְאָמַר לוֹ תֶּן לִי שְׂכָרִי, וְאָמַר לוֹ טֹל מַה שֶּׁעָשִׂיתָ בִּשְׂכָרֶךָ, אֵין שׁוֹמְעִין לוֹ. מִשֶּׁקִּבֵּל עָלָיו וְאָמַר לוֹ הֵילָךְ שְׂכָרְךָ וַאֲנִי אֶטֹּל אֶת שֶׁלִּי, אֵין שׁוֹמְעִין לוֹ. הַמּוֹצִיא זֶבֶל לִרְשׁוּת הָרַבִּים, הַמּוֹצִיא מוֹצִיא וְהַ מְזַבֵּל מְזַבֵּל. אֵין שׁוֹרִין טִיט בִּרְשׁוּת הָרַבִּים, וְאֵין לוֹבְנִים לְבֵנִים. אֲבָל גּוֹבְלִין טִיט בִּרְשׁוּת הָרַבִּים, אֲבָל לֹא לְבֵנִים. הַבּוֹנֶה בִרְשׁוּת הָרַבִּים, הַמֵּבִיא אֲבָנִים מֵבִיא וְהַבּוֹנֶה בּוֹנֶה. וְאִם הִזִּיק, מְשַׁלֵּם מַה שֶּׁהִזִּיק. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, אַף מְתַקֵּן הוּא אֶת מְלַאכְתּוֹ לִפְנֵי שְׁלשִׁים יוֹם:

If one's wall adjoined his neighbor's garden and it fell (into it), and he (the garden owner) said to him: "Clear out your stones," and the other said to him: "They are yours!" — he is not heeded. [If the garden owner does not wish it, he does not acquire them, and the wall owner must clear them out.] If after he (the garden owner) took it upon himself (to clear them out), the other said to him: "Here are your expenses, and I will take what is mine" (i.e., the stones), he is not heeded. If one hired a laborer to work with him in straw and stubble [to gather his own or that of hefker (ownerless property)], and he said to him: "Give me my wage," and he answered: "Take what you have worked with as your wage," he is not heeded. [Even though what is worth money is always regarded as money, this is not so with a hired laborer, it being written in that regard (Leviticus 19:13): "There shall not abide the wages of a hired man," the implication being that what was stipulated must be given.] If he (the worker) accepted it, and then he said to him: "Take your wage and I will take what is mine," he is not heeded. If one takes out dung to the public domain, the other must be ready to carry it out (to the field) for fertilizer, and he may not allow it to remain there.] Clay is not steeped in the public domain, and bricks are not glazed (there), but clay is kneaded in the public domain [to be placed immediately into the building], but not bricks. If one builds in the public domain, he who brings stones brings, and he who builds, builds. [He receives them immediately from the one who brings them and he builds.], and if he causes damage (thereby), he pays for the damage. R. Shimon b. Gamliel says: He may even ready (his materials) [in the public domain] every thirty days, [and he is not liable for damages. The halachah is not in accordance with R. Shimon b. Gamliel.]

שְׁתֵּי גִנּוֹת זוֹ עַל גַּב זוֹ וְהַיָּרָק בֵּינְתַיִם, רַבִּי מֵאִיר אוֹמֵר, שֶׁל עֶלְיוֹן. רַבִּי יְהוּדָה אוֹמֵר, שֶׁל תַּחְתּוֹן. אָמַר רַבִּי מֵאִיר, אִם יִרְצֶה הָעֶלְיוֹן לִקַּח אֶת עֲפָרוֹ אֵין כָּאן יָרָק. אָמַר רַבִּי יְהוּדָה, אִם יִרְצֶה הַתַּחְתּוֹן לְמַלְּאוֹת אֶת גִּנָּתוֹ אֵין כָּאן יָרָק. אָמַר רַבִּי מֵאִיר, מֵאַחַר שֶׁשְּׁנֵיהֶן יְכוֹלִין לִמְחוֹת זֶה עַל זֶה, רוֹאִין מֵהֵיכָן יָרָק זֶה חָי. אָמַר רַבִּי שִׁמְעוֹן, כָּל שֶׁהָעֶלְיוֹן יָכוֹל לִפְשֹׁט אֶת יָדוֹ וְלִטֹּל, הֲרֵי הוּא שֶׁלּוֹ, וְהַשְּׁאָר שֶׁל תַּחְתּוֹן:

Two gardens [of two men, close to each other], one atop the other, [one on high ground; the other, on lower ground], and greens in the middle [on a slant] — R. Meir says: (The greens belong) to the upper, [it being his soil, and (the greens) being nourished thereby.] R. Yehudah says: (They belong) to the lower, [partaking, as they do, of his "atmosphere."] R. Meir said: If the upper wished to take away his soil, there would be no greens here. R. Yehudah said: If the lower wished to "fill up" his garden, there would be no greens here. R. Meir said: Since both can prevent [these greens from being here; the upper, by taking away his soil, and the lower, by filling up his garden], we see from where these greens live [i.e., whence they are nourished and grow, and they are given to him (to the owner of that land)]. R. Shimon said: Wherever the upper can stretch forth his hand and take, it belongs to him, [as per R. Meir, viz.: "since it lives from his soil"]; and the rest belongs to the lower, [the upper (owner) himself rendering it hefker (ownerless) to the lower, it being demeaning to him to ask permission to enter his neighbor's domain in order to take it. The halachah is in accordance with R. Shimon.]