Bava Batra 2

לֹא יַחְפֹּר אָדָם בּוֹר סָמוּךְ לְבוֹרוֹ שֶׁל חֲבֵרוֹ, וְלֹא שִׁיחַ, וְלֹא מְעָרָה, וְלֹא אַמַּת הַמַּיִם, וְלֹא נִבְרֶכֶת כּוֹבְסִין, אֶלָּא אִם כֵּן הִרְחִיק מִכֹּתֶל חֲבֵרוֹ שְׁלשָׁה טְפָחִים, וְסָד בְּסִיד. מַרְחִיקִין אֶת הַגֶּפֶת וְאֶת הַזֶּבֶל וְאֶת הַמֶּלַח וְאֶת הַסִּיד וְאֶת הַסְּלָעִים מִכָּתְלוֹ שֶׁל חֲבֵרוֹ שְׁלשָׁה טְפָחִים, וְסָד בְּסִיד. מַרְחִיקִין אֶת הַזְּרָעִים, וְאֶת הַמַּחֲרֵשָׁה, וְאֶת מֵי רַגְלַיִם מִן הַכֹּתֶל שְׁלשָׁה טְפָחִים. וּמַרְחִיקִין אֶת הָרֵחַיִם שְׁלשָׁה מִן הַשֶּׁכֶב, שֶׁהֵן אַרְבָּעָה מִן הָרָכֶב. וְאֶת הַתַּנוּר, שְׁלשָׁה מִן הַכִּלְיָא, שֶׁהֵן אַרְבָּעָה מִן הַשָּׂפָה:

One may not dig a bor [(round)] near his neighbor's bor, nor a shiach [(long and narrow)], nor a ma'arah [(roofed)], nor a water canal, nor a wash-pond [a square pit in which rain water is collected for washing clothes], unless he distances it three handbreadths from his neighbor's wall [i.e., from the wall of his hole. And the thickness of the wall of a hole is not less than three handbreadths, so that the distance from his hole to that of his neighbor is found to be six handbreadths. And one may not place one of the "damagers" alongside his neighbor's boundary unless he removes it the required distance, even if there is no wall there, lest his neighbor decide to build there and he cause damage to him.] And he coats [the walls of his hole] with lime. One distances olive-peel peat, and manure, and salt, and lime, and flint three handbreadths from his neighbor's wall. [For all of these "undermine" a wall. (The "wall" here is not that of a hole.)] One distances sowing, plowing, and urine three handbreadths from a wall. [("plowing":) Plowing even without sowing (as when one plows for trees) undermines a wall. ("urine"): It erodes bricks, which are of dried clay. Therefore, if one urinates near a brick wall, he must move back three handbreadths. With a stone wall, one handbreadth suffices; and with hard stone, such as granite, he need not move back at all.] And a mill must be removed (from a wall). [(Its "rattling" undermines the wall's foundation)] three (handbreadths) from the shechev (the lower part), which are four from the rechev (the upper part). [The rechev "rides" on the shechev, and is a handbreadth narrower.] And an oven (must be removed) three from the kilya which are four from the surface. [The kilya is the base, built of clay and stones, on which the oven is placed. It is broad below and narrow above. The upper surface of the kilya, on which the oven is set, is of the same width as the oven. This base must be removed three handbreadths from the wall, four handbreadths from its upper surface, for the heat of the stove damages the wall.]

לֹא יַעֲמִיד אָדָם תַּנּוּר בְּתוֹךְ הַבַּיִת, אֶלָּא אִם כֵּן יֵשׁ עַל גַּבָּיו גֹּבַהּ אַרְבַּע אַמּוֹת. הָיָה מַעֲמִידוֹ בָעֲלִיָּה, צָרִיך שֶׁיְּהֵא תַחְתָּיו מַעֲזִיבָה שְׁלשָׁה טְפָחִים. וּבַכִּירָה, טֶפַח. וְאִם הִזִּיק, מְשַׁלֵּם מַה שֶּׁהִזִּיק. רַבִּי שִׁמְעוֹן אוֹמֵר, לֹא אָמְרוּ כָל הַשִּׁעוּרִין הָאֵלּוּ, אֶלָּא שֶׁאִם הִזִּיק, פָּטוּר מִלְּשַׁלֵּם:

One may not stand an oven inside a house unless there is a height above it [from the mouth of the oven until the ceiling] of four cubits, [so that the ceiling not catch fire.] If he stood an oven in an upper story, there must be below it a [clay] paving of three handbreadths, [so that the lower ceiling (i.e., the floor) not catch fire; and a height above it of four cubits.] And with a kirah, [upon which a pot is placed, no large fire being made within it as in a stove], one handbreadth. And if he caused damage [after having observed all of the above regulations], he pays the amount of the damage, [in spite of which he is compelled to observe these regulations, lest he cause fire damage to his neighbors and not have what to pay.] R. Shimon says: All of these regulations were stated only so that if he caused damage (after having observed them), he be exempt from paying. [The halachah is not in accordance with R. Shimon.]

לֹא יִפְתַּח אָדָם חֲנוּת שֶׁל נַחְתּוֹמִין וְשֶׁל צַבָּעִין תַּחַת אוֹצָרוֹ שֶׁל חֲבֵרוֹ. וְלֹא רֶפֶת בָּקָר. בֶּאֱמֶת, בְּיַיִן הִתִּירוּ, אֲבָל לֹא רֶפֶת בָּקָר. חֲנוּת שֶׁבֶּחָצֵר, יָכוֹל לִמְחוֹת בְּיָדוֹ וְלוֹמַר לוֹ, אֵינִי יָכוֹל לִישֹׁן מִקּוֹל הַנִּכְנָסִין וּמִקּוֹל הַיּוֹצְאִין. אֲבָל עוֹשֶׂה כֵלִים, יוֹצֵא וּמוֹכֵר בְּתוֹךְ הַשּׁוּק, אֲבָל אֵינוֹ יָכוֹל לִמְחוֹת בְּיָדוֹ וְלוֹמַר לוֹ, אֵינִי יָכוֹל לִישֹׁן, לֹא מִקּוֹל הַפַּטִּישׁ, וְלֹא מִקּוֹל הָרֵחַיִם, וְלֹא מִקּוֹל הַתִּינוֹקוֹת:

One may not open a bakery or a paint shop under his neighbor's store room; nor a stable. In truth, with (a store room of) wine it was permitted, [the vapors rising from the bakery or the paint shop not harming the wine, heat improving (the quality) of wine in Eretz Yisrael. But in a place where it is known that heat harms wine, one may not open up such shops even under a store room of wine.] A shop in a courtyard may be protested against. [If one of the courtyard occupants wished to open a shop there, the others can stop him.] (He may be told:) "I cannot sleep because of those going in and going out." One may make vessels (in the courtyard) and go out and sell them in the marketplace. But one may not protest and say I cannot sleep: neither because of the sound of the hammer, nor the sound of the mill, nor the sound of the schoolchildren [who learn Torah. And even though it is a sound produced by others (and not by the courtyard occupant himself), one cannot protest, because of the greater glory of Torah. And if he does not teach the children Torah, but a trade or arithmetic or fractions, one can protest and say: "I cannot sleep because of the children going in and out."]

מִי שֶׁהָיָה כָתְלוֹ סָמוּךְ לְכֹתֶל חֲבֵרוֹ, לֹא יִסְמֹךְ לוֹ כֹתֶל אַחֵר, אֶלָּא אִם כֵּן הִרְחִיק מִמֶּנּוּ אַרְבַּע אַמּוֹת. וְהַחַלּוֹנוֹת, מִלְּמַעְלָן וּמִלְּמַטָּן, וּמִכְּנֶגְדָּן, אַרְבַּע אַמּוֹת:

If one's wall were close to his neighbor's wall, [forming a right angle with it], he may not put another wall close to it unless he places it four cubits distant. [If he came to put a second wall against his neighbor's wall so that the three walls formed a kind of beth, his neighbor may stop him until he moves it four cubits away so that there be enough room between the two walls for people to walk in. For treading the ground near the wall strengthens and firms up the walls' foundations. This, only with a garden wall or a wall in the courtyard of a new city, where not many have trodden, and where the ground has not been sufficiently strengthened. But with a wall in the courtyard of an old city, he may join the walls and need not distance them. Likewise, if his neighbor's wall were shorter than four cubits, he need not distance (his wall), for a wall shorter than four cubits requires no strengthening.] And the windows — above, below, and opposite, four cubits. [If he had a window above on his wall, and his neighbor built a wall opposite his window, below it — if there were fewer than four cubits from the top of the wall that he built until the window, he may compel him to lower it, so that he not stand on top of it and look into the window. If he had a window below on his wall, he may compel him to raise the wall that he built opposite four cubits higher than the window, so that he not look into it. And opposite: He must distance the wall four cubits from the window so that he not block its light.]

מַרְחִיקִין אֶת הַסֻּלָּם מִן הַשּׁוֹבָךְ אַרְבַּע אַמּוֹת, כְּדֵי שֶׁלֹּא תִקְפֹּץ הַנְּמִיָּה, וְאֶת הַכֹּתֶל מִן הַמַּזְחִילָה אַרְבַּע אַמּוֹת, כְּדֵי שֶׁיְּהֵא זוֹקֵף אֶת הַסֻּלָּם. מַרְחִיקִין אֶת הַשּׁוֹבָךְ מִן הָעִיר חֲמִשִּׁים אַמָּה. וְלֹא יַעֲשֶׂה אָדָם שׁוֹבָךְ בְּתוֹךְ שֶׁלּוֹ, אֶלָּא אִם כֵּן יֶשׁ לוֹ חֲמִשִּׁים אַמָּה לְכָל רוּחַ. רַבִּי יְהוּדָה אוֹמֵר, בֵּית אַרְבַּעַת כּוֹרִין, מְלֹא שֶׁגֶר הַיּוֹנָה. וְאִם לְקָחוֹ, אֲפִלּוּ בֵית רֹבַע, הֲרֵי הוּא בְחֶזְקָתוֹ:

A ladder must be distanced four cubits from a coop, so that a marten not jump (from it). [If one had a pigeon coop in his courtyard near a wall separating two courtyards, and his neighbor came to place a ladder against the wall, he must distance the ladder four cubits from the coop so that a marten not jump from the ladder to the coop and kill the pigeons.] And a wall (must be distanced) four cubits from a mazchilah, so that he can stand a ladder (there). [A mazchilah is a large gutter running along the side of a wall for the roof water to drain into. If one's wall with a mazchilah upon it runs along his neighbor's courtyard, he (his neighbor) must distance himself four cubits from it if he comes to build a wall alongside it, so that he (the other) can stand a ladder there to go up to repair the mazchilah, to clean it of the dirt and rocks that collect there and impair the flow of the water.] A coop is distanced fifty cubits from the city, [for the pigeons spoil the roof gardens]; and he may not set up a coop in his own (field) unless he has fifty cubits on all sides [so that the pigeons not spoil his neighbor's field.] R. Yehudah says: (He must have a distance of) four korin, [a beth kor on all sides. (A kor is thirty sa'ah)], a full [single] flight of a pigeon. But if one bought it (the coop) [as it is, with the land,] even if [there were around it] only [the distance of] a quarter [kav], it remains as it was, [the first having maintained it thus.]

נִפּוּל הַנִּמְצָא בְתוֹךְ חֲמִשִּׁים אַמָּה, הֲרֵי הוּא שֶׁל בַּעַל הַשּׁוֹבָךְ. חוּץ מֵחֲמִשִּׁים אַמָּה, הֲרֵי הוּא שֶׁל מוֹצְאוֹ. נִמְצָא בֵין שְׁנֵי שׁוֹבָכוֹת, קָרוֹב לָזֶה, שֶׁלּוֹ. קָרוֹב לָזֶה, שֶׁלּוֹ. מֶחֱצָה עַל מֶחֱצָה, שְׁנֵיהֶם יַחֲלֹקוּ:

If a fledgling were found within fifty cubits [of a coop], it belongs to the owner of the coop. (If it were found) beyond fifty cubits, it belongs to the finder. If it were found between two coops [within fifty cubits of each] — If it were closer to this, it belongs to him (the owner of that coop); if it were closer to that, it belongs to the other. If it were in the middle, they divide.

מַרְחִיקִין אֶת הָאִילָן מִן הָעִיר עֶשְׂרִים וְחָמֵשׁ אַמָּה, וּבְחָרוּב וּבְשִׁקְמָה חֲמִשִּׁים אַמָּה. אַבָּא שָׁאוּל אוֹמֵר, כָּל אִילַן סְרָק, חֲמִשִּׁים אַמָּה. אִם הָעִיר קָדְמָה, קוֹצֵץ וְאֵינוֹ נוֹתֵן דָּמִים. וְאִם הָאִילָן קָדַם, קוֹצֵץ וְנוֹתֵן דָּמִים. סָפֵק זֶה קָדַם, סָפֵק זֶה קָדַם, קוֹצֵץ וְאֵינוֹ נוֹתֵן דָּמִים:

A tree is distanced twenty-five cubits from a city, [an open place before a city enhancing its appearance.] And with a carob and a sycamore, fifty cubits, [their foliage being thick]. Abba Saul says: With every fruitless tree, [which detracts from the city's appearance], fifty cubits. If the city were first, he [the city owner] cuts it down and does not compensate (the owner of the tree); and if the tree were first, he cuts it down and compensates. If it were in doubt (which came first), he cuts it down and does not compensate. [For since it must be cut down no matter which came first, after it is cut down its owner is told: "Prove that it was there first and you will be paid."]

מַרְחִיקִין גֹּרֶן קָבוּעַ מִן הָעִיר חֲמִשִּׁים אַמָּה. לֹא יַעֲשֶׂה אָדָם גֹּרֶן קָבוּעַ בְּתוֹךְ שֶׁלּוֹ, אֶלָּא אִם כֵּן יֶשׁ לוֹ חֲמִשִּׁים אַמָּה לְכָל רוּחַ, וּמַרְחִיק מִנְּטִיעוֹתָיו שֶׁל חֲבֵרוֹ וּמִנִּירוֹ, כְּדֵי שֶׁלֹּא יַזִּיק:

A fixed goren (threshing floor) is distanced fifty cubits from the city. [A fixed goren is one which has a large pile which is winnowed with a winnowing shovel. And a goren which does not have a large pile, where the chaff need not be winnowed with a winnowing shovel but is dispersed by the wind blowing through the pile, is called a non-fixed goren.] One may not set up a fixed goren in his own (field) unless he has fifty cubits on all sides. And he distances (it) from his neighbor's plants, and from his nir so that he not harm (them). [A nir is the plowing of the summer days aimed at killing the roots of thorns and weeds. ("so that he not harm":) This is the reason (for distancing) — so that the chaff not harm his plants and his nir. For it (the chaff) moulders and spoils the nir and dries up the plants.]

מַרְחִיקִין אֶת הַנְּבֵלוֹת וְאֶת הַקְּבָרוֹת וְאֶת הַבֻּרְסְקִי מִן הָעִיר חֲמִשִּׁים אַמָּה. אֵין עוֹשִׂין בֻּרְסְקִי אֶלָּא לְמִזְרַח הָעִיר. רַבִּי עֲקִיבָא אוֹמֵר, לְכָל רוּחַ הוּא עוֹשֶׂה, חוּץ מִמַּעֲרָבָהּ, וּמַרְחִיק חֲמִשִּׁים אַמָּה:

Carcass (deposits), graveyards, and tanneries are distanced fifty cubits from the city. Tanneries are set up only in the east of the city. [For the east wind is harmful only if it comes for punishment. But under normal circumstances it is warm and blows gently and does not carry odors into the city.] R. Akiva says: He may set them up in all directions at a remove of fifty cubits, except west, [where he may not set them up at all, for the Shechinah is in the west. The halachah is not in accordance with R. Akiva.]

מַרְחִיקִין אֶת הַמִּשְׁרָה מִן הַיָּרָק, וְאֶת הַכְּרֵשִׁין מִן הַבְּצָלִים, וְאֶת הַחַרְדָּל מִן הַדְּבוֹרִים. רַבִּי יוֹסֵי מַתִּיר בַּחַרְדָּל:

A mishrah [a place where flax is soaked, which spoils greens that are near it] is distanced from greens, and leeks (are distanced) from onions, [leeks being harmful to onions which are near them], and mustard (is distanced) from bees, [mustard spoiling honey and making it sharp]. R. Yossi permits it with mustard, [for he can tell him: "Before you tell me to remove my mustard from your bees, remove your bees from my mustard! For they come and eat my mustard flowers!" The halachah is in accordance with R. Yossi.]

מַרְחִיקִין אֶת הָאִילָן מִן הַבּוֹר עֶשְׂרִים וְחָמֵשׁ אַמָּה, וּבְחָרוּב וּבְשִׁקְמָה, חֲמִשִּׁים אַמָּה, בֵּין מִלְמַעְלָה בֵּין מִן הַצָּד. אִם הַבּוֹר קָדַם, קוֹצֵץ וְנוֹתֵן דָּמִים. וְאִם אִילָן קָדַם, לֹא יָקֹץ. סָפֵק זֶה קָדַם, וְסָפֵק זֶה קָדַם, לֹא יָקֹץ. רַבִּי יוֹסֵי אוֹמֵר, אַף עַל פִּי שֶׁהַבּוֹר קוֹדֶמֶת לָאִילָן, לֹא יָקֹץ, שֶׁזֶּה חוֹפֵר בְּתוֹךְ שֶׁלּוֹ, וְזֶה נוֹטֵעַ בְּתוֹךְ שֶׁלּוֹ:

A tree is distanced twenty-five cubits from a pit; and a carob and a sycamore, [whose roots are profuse], fifty cubits — whether from above, [i.e., whether one of them is above on a mountain incline, and the other, below], or on the side [on level ground]. If the pit were (there) first, he (the pit owner) cuts (down the tree) and compensates (its owner). [For since he was permitted to plant, not causing damage until after much time, the sages did not oblige him to cut (down his tree) without compensation because of the damage it might cause to an individual.] And if the tree came before the plant, he (the pit owner) may not cut it down. If it were not known which came first, he may not cut it down. R. Yossi says: Even if the pit came before the tree, he may not cut it down; for the one digs in his own (land), and the other plants in his own (land). [The halachah is in accordance with R. Yossi.]

לֹא יִטַּע אָדָם אִילָן סָמוּךְ לִשְׂדֵה חֲבֵרוֹ, אֶלָּא אִם כֵּן הִרְחִיק מִמֶּנּוּ אַרְבַּע אַמּוֹת, אֶחָד גְּפָנִים וְאֶחָד כָּל אִילָן. הָיָה גָדֵר בֵּינְתַיִם, זֶה סוֹמֵךְ לַגָּדֵר מִכָּאן, וְזֶה סוֹמֵךְ לַגָּדֵר מִכָּאן. הָיוּ שָׁרָשִׁים יוֹצְאִין לְתוֹךְ שֶׁל חֲבֵרוֹ, מַעֲמִיק שְׁלֹשָׁה טְפָחִים, כְּדֵי שֶׁלֹּא יְעַכֵּב אֶת הַמַּחֲרֵשָׁה. הָיָה חוֹפֵר בּוֹר, שִׁיחַ וּמְעָרָה, קוֹצֵץ וְיוֹרֵד, וְהָעֵצִים שֶׁלּוֹ:

One may not plant a tree near his neighbor's field [whether a grain field or a tree field] unless he distances himself four cubits from it, both for vines and for all trees. [(He must distance himself) enough to work an orchard, so that when he plows his trees he not be constrained to take his plow into his neighbor's field. This, in Eretz Yisrael and other lands where the plow is long. But in Bavel and other lands where the plow is short, two cubits suffice. And it is only between vines and vines, and trees and trees that two cubits suffice. But if one comes to plant a tree field near vines, even in Bavel and the like, he must distance himself four cubits.] If there were a fence between them, each can plant until the fence on either side. If roots went out into his neighbor's (field), he may go down three handbreadths, so that they not stop the plow. [The owner of the field into which the roots of his neighbor's trees intruded may cut them up to a depth of three handbreadths without any reservations.] If he were digging a bor, a shiach, or a ma'arah, (see 2:1), he cuts (the intruding roots) as he goes (i.e., digs) down, and the wood belongs to him [the owner of the field. This, if the place where he were digging were sixteen cubits or more from his neighbor's tree. But if it were less than that, the wood belongs to the owner of the tree. For up to sixteen cubits, they (the roots) are nourished (by the tree), but not beyond that.]

אִילָן שֶׁהוּא נוֹטֶה לִשְׂדֵה חֲבֵרוֹ, קוֹצֵץ מְלֹא הַמַּרְדֵּעַ עַל גַּבֵּי הַמַּחֲרֵשָׁה. וּבְחָרוּב וּבְשִׁקְמָה, כְּנֶגֶד הַמִּשְׁקֹלֶת. בֵּית הַשְּׁלָחִין, כָּל הָאִילָן כְּנֶגֶד הַמִּשְׁקֹלֶת. אַבָּא שָׁאוּל אוֹמֵר, כָּל אִילַן סְרָק, כְּנֶגֶד הַמִּשְׁקֹלֶת:

If one's tree protruded into his neighbor's field, he (the neighbor) may cut [the branches up to] the full [height of] the ox goad above the plow, [so that they not impede its movement], and with a carob and a sycamore, [whose shade is great, and harmful to the field, he cuts all that protrudes into the field] against a plummet. With a field requiring irrigation, [he cuts] all trees, [even not a carob or a sycamore] against a plummet. [shade being harmful to such a field.] Abba Shaul says: Every fruitless tree (is cut) against the plummet. [This refers to the beginning of the Mishnah, the first tanna saying that he cuts the full height of the ox goad (even with fruitless tress), except for the carob and the sycamore. And Abba Shaul says to him: All fruitless trees are cut against the plummet. The halachah is not in accordance with Abba Shaul.]

אִילָן שֶׁהוּא נוֹטֶה לִרְשׁוּת הָרַבִּים, קוֹצֵץ, כְּדֵי שֶׁיְּהֵא גָמָל עוֹבֵר וְרוֹכְבוֹ. רַבִּי יְהוּדָה אוֹמֵר, גָּמָל טָעוּן פִּשְׁתָּן אוֹ חֲבִילֵי זְמוֹרוֹת. רַבִּי שִׁמְעוֹן אוֹמֵר, כָּל הָאִילָן כְּנֶגֶד הַמִּשְׁקֹלֶת, מִפְּנֵי הַטֻּמְאָה:

If a tree projects into the public domain, it is cut [i.e., its lower branches are cut] so that a camel and its rider may pass. R. Yehudah says: A camel laden with flax or with bundles of vine rods. [And it is not necessary to cut for a camel and its rider, for the rider can bend down and pass under it.] R. Shimon says: Every tree (is to be cut) against a plummet against uncleanliness [i.e., lest the branches "tent" over an olive-size of a dead body or the like and render unclean one passing beneath them. The halachah is in accordance with the first tanna alone.]