Comentario sobre Baba Batra 2:15

לא יחפור. בור – round.

One may not dig a cistern near his fellow’s cistern;
Nor may he dig a ditch, cave, water-channel, or laundry pool unless it is three handbreadths away from his fellow’s wall, and he must plaster it with lime.
They distance piles of olive refuse, manure, salt, lime or stones three handbreadths from his fellow’s wall, and he plasters it with lime.
They distance seeds, and a plow and urine three handbreadths from the wall.
And they distance the mill [from the wall]: three [handbreadths] from the lower millstone and four [handbreadths] from the upper millstone.
And [they distance] the oven [from the wall]: three from the belly of the oven and four from the rim of the oven.
Most of the second chapter of Bava Batra deals with the obligations to distance damaging things from another person’s property. Mishnah one deals with distancing things from a person’s wall lest they damage the wall.
Section one states that a person should not dig a cistern close to another person’s cistern since one cistern may cause the other to break. A cistern is where they would store collected rain water, as opposed to a well which collects water from underground.
The remainder of the mishnah deals with distancing things from another person’s wall, lest they cause damage to the wall. The items mentioned in section two may cause the wall to fall, therefore he must distance them three handbreadths and plaster them to prevent water from seeping out.
The items mentioned in section three also may cause damage to another person’s wall and therefore he must distance them and plaster the place in which he places them.
Section four deals with three more items which also must be kept three handbreadths away from another person’s wall: seeds, a plow and urine. The difference between these items and those mentioned previously is that plastering is not applicable in these cases.
Sections five and six mention large items, a mill and an oven which also must be distanced from another’s wall. In both of these cases there are different measurements given for different parts of the item.

שיח – long or short

מערה – it is covered with an arched ceiling.

נברכת הכובסין – a square pit. And rain waters gather in it as it is made to launder clothing.

אלא אם כן הרחיק מכותלו – it is saying from the wall of his cistern. And the thickness of the wall of his cistern is not less than three handbreadths, it is found that from the cavity/space of his cistern to the cavity/space of his fellow’s cistern is six handbreadths. But it is prohibited for a person to rely upon one of the damages to the end of his boundary equally, other than if he distanced it the appropriate measurement, even though his fellow lacks a wall there, lest his fellow decide that he will build on the side of his boundary, and it is found that this causes damage.

וסד בסיד – the walls of his pit.

הגפת – the refuse of the olives after they were gathered together in the olive press.

הסלעים – stones where the light comes out from them, for all of these are hard for the fortification and weaken the wall, and we are not referring to the wall of the cistern now.

זרעים – they are hard for the wall for they undermine the grounds (through their roots – see Talmud Bava Batra 19b) and bring up crushed, loose earth.

ואת המחרישה – even though there are no seeds, as, for example, when they plow for trees, it is hard for the wall.

מי רגלים – they make loathsome the bricks which are of dry plaster. Therefore, someone who urinates close by the wall that is made of bricks needs to distance himself three handbreadths. But with a wall of stones, he distances himself a handbreadth, and of a hard stone such as granite, he does not have to distance himself at all.

הריחים – they are hard on the wall because they shake the ground with the force of its rolling.

מן השכב – from the lower millstone.

הרכב – this is the upper one that rides on this. But it is shorter by a handbreadth of the lower one.

שלשה מן הכליא – the base upon which they build from plaster/clay and stones that they place the oven upon it, and It is wide from the bottom and narrow from the top, and upper rim of the belly of the stove is where the stove sits. It is like the measurement of the oven and one must distance the base from the wall three handbreadths from its underbelly, which are four [handbreadths] from the its upper rim, because the vapor of the oven damages the wall.

גובה דא אמות – the space from the lip of the oven until the ceiling, in order that the fire not ignite the ceiling.

Introduction Mishnah two deals with placing an oven or other cooking device in a house in a fashion that will not cause damage to the house.

עד שיהא תחתיו מעזיבה – [plaster of] clay three handbreadths, so that the lower ceiling of the attic not burn, and above it a space of four cubits.

One may not set up an oven inside a house unless there is a space of four cubits above it. If he sets it up in the upper room, the flooring beneath it must be three handbreadths deep, or for a stove one handbreadth. Section one sets up specifications for placing an oven or a stove inside a house, either on the first floor or on the second floor (the upper room). Note that a stove causes less heat than an oven.

ובכירה – they place the pot on its cavity/space and they don’t make it in a large fire as they do for an oven.

And if it causes damage [to the floor] he must pay for the damage caused. Rabbi Shimon says: “They only mentioned these measurements so that if the object caused damage he would be exempt.” Section two contains a dispute between the anonymous opinion and Rabbi Shimon with regards to the ramifications of the distances mentioned in this and the previous mishnah. According to the first opinion, while a person must observe these restrictions, even if he does so he will still be obligated to make restitution if his property damages someone else’s property. According to Rabbi Shimon, if one follows the restrictions, and properly distances his potentially damaging property from another person’s property, he will be exempt if it causes damage.

ואם הזיק – after there were there all of these measurements,

Questions for Further Thought:
• According to the anonymous opinion is section 2, even if a person properly distances his damaging things from another’s property he will still be obligated for subsequent damages. Why then does the mishnah mention how far these mentioned things must be distanced?

he pays for the damage that he caused, and nevertheless, they prevent him with all of these measurements lest he kindle their homes, and he doesn’t have what with to pay. But the Halakha is not according to Rabbi Shimon.

ביין התירו – The smoke that goes up from the baker’s oven and from the dyer’s shop is not difficult for the wine, for the heat actually improves the wine that is in the Land of Israel. And in a place where it is known that the heat damages the wine, even under the wine storehouse, one should not not open a dyer’s shop or of a baker.

Introduction Mishnah three discusses types of professions or businesses that a person can or cannot have in his home or near his home lest they disturb his neighbor.

חנות שבחצר – one of the members of the courtyard that comes to open a store in the courtyard and the members of the courtyard prevent him.

One may not open a bakery or a dyer’s shop under his fellow’s storehouse, nor a cattle stall. In truth, they have permitted these things under a winestore but not a cattle stall. A bakery, a dyer’s shop, and cattle stall, if placed underneath a storehouse of produce will damage the produce. The bakery and dyer’s shop will produce heat, which can be damaging to the fruit, and the stench of the cattle stall will, for obvious reasons, also damage the fruit. However, as we learn in section 1a, if the storehouse was for wine, one can place a bakery or dyer’s shop underneath, since the wine will improve due to the heat. However, the stench of the cattle stall will not improve the taste of the wine! (Yuk)

לא מקול התינוקות – school children. And even though that the sound comes on account of others, they cannot protest, because of making the Torah great and glorious. But, if he is not teaching children Torah, but rather trades or accounting or תשבורת he can protest and say to him that he is not able to sleep because of the young children coming in and leaving.

A man may protest against [another that opens] a shop within the courtyard and say to him, “I cannot sleep because of the noise of them that go in and out.” As we have learned on several occasions, in the time of the mishnah a courtyard was usually shared between several neighbors. If one’s neighbor began to sell his wares in the courtyard the other neighbors could protest against the noise pollution caused by the customers.

One who makes utensils, should go outside and sell them in the market. But none may protest and say to him, “I cannot sleep because of the noise of the hammer” or “because of the noise of the mill-stones” or “because of the noise of children.” Section three is a continuation of the subject began in section two. A utensil maker is allowed to make his utensils in the courtyard, even though the hammer will cause noise pollution. He must, however, sell them in the market, as we also learned in the previous section. Similarly, a person can grind flour in the courtyard but he must sell it in the market. Finally, a teacher may bring students into the courtyard to learn, even though they will make much noise.

Questions for Further Thought:
• Why does the mishnah allow one to bring students into a courtyard even though it will cause noise pollution?

מי שהיה כותלו סמוך לכותל חבירו – in the form of a גא"ם/Gamma – an angle, and he comes to make a second wall opposite the wall of his fellow until he makes the three walls like the form of the [Hebrew letter] "בי"ת"/Bet, his fellow will prevent him, until he distances it from opposite him four cubits, in order that the place between the two walls will be wide and many will be able to tread there. For the walking of feet on the ground nearest the wall strengthens the foundations of the wall and preserves them. And especially the wall of a garden or he wall of a courtyard that is in a new city where many have not [yet] tread, and the ground was not strengthened as much as needed through treading of the feet [of people]. But, in the wall of a courtyard that is in an old city is supported and there is no need to distance it. And similarly, if the wall of his fellow was not four cubits or more, he doesn’t have to distance it, for a wall that is less than four cubits does not need strengthening.

Introduction Mishnah four discusses how far a person must distance his wall from his neighbor’s walls.

ובחלונות מלמעלן מלמטן ומכנגדן ד' אמות – he had a wall above his wall and his fellow built a wall opposite the window from below. If there remained from the top of the wall that he built up until the window less than four cubits in height, he forces him to lower the wall in order tha the not stand on the top of the wall and look out through the window.

If one’s wall was adjacent to his friend’s wall he may not build another wall adjoining it unless it is at a distance of four cubits. If a person already owns a wall adjacent to his friend’s wall, he may wish to add another wall, thereby creating a three walled structure. If he wishes to do that he must leave four cubits between the new wall and his friend’s wall in order that people will walk near his friend’s wall. It was believed that people walking near a wall would strengthen the foundations of the wall. If he didn’t leave enough room next to his friend’s wall people would not walk there, thereby depriving his friend of that benefit.

מלמטן – the window was lower than the wall, he forces his fellow to raise the wall that he built opposite him at the height of four cubits from the window in order that he should not see him.

And [if he builds a wall opposite his friend’s] windows, whether it is higher or lower than them or level with them, it may not be within four cubits. If a person wishes to build a wall opposite another person’s windows he must fulfill three conditions: 1) If the wall is higher than the window it must be more than four cubits higher so that he will not be able to use his wall to look into his friend’s window. 2) If the wall is lower than the window it must be more than four cubits lower so that he will not be able to stand on the wall and look into the window. 3) If it is across, it must be four cubits away so that it will not block the light going into the other window.

ומכנגד – he must distance the wall from the window four cubits in order that he will not obscure his light.

Questions for Further Thought:
• Why is the mishnah so concerned with people looking into other people’s windows? What does this teach us about privacy?

מרחיקין את הסולם – whomever has a dovecote of doves in his courtyard near to the wall that is between the two courtyards and his fellow comes to put up a ladder near the wall, he must distance the latter four cubits from the dovecote, in order that a marten will not jump, and it is small creature, into the dovecote and kill the doves.

Introduction The mishnah which we will learn today deals with rules regarding a dovecote. A dovecote is a structure used to house pigeons. In the time of the mishnah pigeons were used for food, sacrifices and as messengers.

A person’s ladder must not be kept within four cubits of [his neighbor’s] dovecote, lest a marten (a small animal that eats should jump in. His wall may not be built four cubits from [his neighbor’s] roof-gutter, so that the other can set up his ladder [to clean it out]. In section one we learn that a person may not place a ladder in his property that will be less than four cubits from his neighbor’s dovecote lest an animal use the ladder to jump to the pigeon’s nesting places and eat them. Through this mishnah we learn an important principle: a person is not allowed to do something on his property if it will cause damage on another person’s property. Similarly, in section 1a, we learn that if a person wishes to build a wall on his property he must leave four cubits between the wall and the other person’s wall, if the other person’s wall has a gutter on it. As in modern times, so too in the time of the Mishnah gutters were used to drain water from the roof. In order to fix the gutters, which would often become clogged with debris, one would need to stand a ladder next to the wall. The four cubits between the walls would allow the person to stand a ladder and thereby fix his rain gutter.

מזחילה – it is a large spout that is placed on the length of the wall, and the waters of the roof flow into it, and if his wall would go along the face of the courtyard of his fellow and with the spout on top of it, he would have to distance it from it if he comes to build a wall on its side four cubits in order that a ladder can stand upright to go up and to repair his spout, to clean it from dust and from rocks that fall in it and prevent the continuous flow of water.

A dovecote may not be kept within fifty cubits of a town, and none may build a dovecote in his own domain unless his ground extends fifty cubits in every direction. Rabbi Judah says: Four kor’s space of ground, which is the length of a pigeon’s flight. But if he had bought it [and it was built already in that place] and there was only a quarter-kab’s space of ground, he has a right to the dovecote. Section two continues to discuss some rules governing dovecotes. According to the anonymous opinion in section two one must not place a dovecote within fifty cubits of the town nor within fifty cubits (25 meters) of his neighbor’s property. The reason to distance the dovecotes from the town is so that the pigeons will not eat the seeds in another person’s garden or the seeds that were drying on people’s roofs. The reason to distance the dovecotes from another person’s property is so that they won’t eat from the other people’s fields. Rabbi Judah disagrees with the distance of fifty mentioned by the anonymous opinion. According to him one must distance the dovecote from another’s property by a field big enough to grow four kor’s of wheat. This amount equals about 274 cubits in each direction, or about 150 meters. Finally we learn in section 2b that if a person bought a dovecote that was not properly distanced from another person’s property, he need not move the dovecote, even if it is only ¼ kav’s space of ground, which is about 10 cubits [five and a half meters] away from the other person’s property.

Questions for Further Thought:
• Is there a contradiction between sections one and two of this mishnah? If so, what is the potential contradiction and how can it be solved?

מרחיקים את השובך מן העיר – for the doves cause the loss of the seeds of the gardens.

אא"כ יש לו חמשים אמה – so that the doves do not cause the loss in the field of his fellow.

בית ארבעה כורין – an area requiring a Kor of seed in every direction, and the Kor is thirty Se’ah, but the Halakha is not according to Rabbi Yehuda.

מלא שגר היונים – race of their flying at one time [for food].

ואם לקחו – [if he bought it] (a field with a dovecote already in it) in its natural condition with the ground, even if he lacks all around him other than an area of a quarter-Kab (104 1/6 square cubits).

הרי הוא בחזקתו – since he was the first to have legal presumption of possession.

ניפול – a pigeon.

Introduction Today’s mishnah continues to deal with dovecotes.

הנמצא בתוך חמשים אמה – of the dovecote.

If a young pigeon is found within fifty cubits it belongs to the owner of the dovecote; but if it is found beyond fifty cubits it belongs to he finds it. If it is found between two dovecotes: if it is nearer to this one than it belongs him [that owns this dovecote]; and if it is nearer to the other, it belongs to him [that owns the other dovecote]; and if it is at a like distance from either, they share it. This mishnah is a simple mishnah dealing with pigeons that are lost. If one finds a pigeon fifty cubits from a dovecote, one can assume that it belongs to the owner of that dovecote. If it is further than fifty cubits, one need not make that assumption and one may keep the pigeon. If it is found between two dovecotes it is assumed to belong to the owner of the nearest dovecote. If it is equidistant between the two, the two owners will split the value of the pigeon.

בין שני שובכות – within fifty of both of them.

Questions for Further Thought:
• This mishnah deals with a topic that was discussed in the second chapter of Bava Metzia, lost items. Why then is this mishnah in our chapter and not there? What does this tell us about the organizational pattern of the Mishnah?

מרחיקין את האילן מן העיר – because it is beauty to the city (see Talmud Bava Batra 24b) when there is a wide expanse before it.

Introduction Mishnah seven deals with distancing trees from the city. In modern times we think of trees as beautifying a city. However, in ancient times trees were not commonly found inside the city itself. Furthermore, it was considered aesthetic for there to be empty fields surrounding the city.

חרוב ושקמה – their branches are numeous.

According to the anonymous opinion in section one, a regular tree must not be grown within a distance of twenty five cubits from the city, nor a carob or sycamore tree within fifty cubits. Since carob and sycamore trees have thick branches, they must be kept further away. Abba Shaul, section 1a, distinguishes between fruit and non-fruit bearing trees. Non-fruit bearing trees must be kept fifty cubits away, and assumedly, fruit bearing trees can be planted closer, as was stated in the previous clause.

אילן סרק – (see Mishnah Kilayim, Chapter 6, Mishnah 5 for a detailed definition) – it is a disgrace to the city.

If the town was there first, the tree shall be cut down and no compensation given; if the tree was there first it shall be cut down and compensation given. If it is in doubt which was there first, the tree shall be cut down and no compensation given. In section two we learn that if the offending tree was planted before the town was built, the tree will still be cut down, but compensation will be given to its owner. If the city was built first, the tree is cut down and no compensation is given. Since it was planted illegally, the owner does not get compensation when it is uprooted. Finally, if we are unsure which existed first, the town or the tree, no compensation is given, since as we have learned many times, in Jewish law the burden of proof is on the plaintiff. In this case the tree owner is the plaintiff suing the city for compensation. If he cannot bring proof that his tree existed before the city, he does not receive compensation.

ונותן דמים – to the person who owns the city.

A tree may not be grown within a distance of twenty five cubits from the town, or fifty cubits if it is a carob tree or a sycamore tree. Abba Shaul says: “Any tree that bears no fruit may not be grown within a distance of fifty cubits.” If the town was there first, the tree shall be cut down and no compensation given; if the tree was there first it shall be cut down and compensation given. If it is in doubt which was there first, the tree shall be cut down and no compensation given.
A permanent threshing floor may not be made within fifty cubits of the town. Sections one and two state that a threshing floor may not be placed less than fifty cubits from another person’s property or from the town. The reason for this prohibition was explained in the introduction.

ספק – cuts it down and he doesn’t make payment, because there was a judgment as to whether this one came first (i.e., the city) or that one came first (i.e., the tree), he cuts it down. After he cut it down, we say to the owner of the tree: “Bring proof that the tree came first and take [the money].”

One may not make a permanent threshing floor within his own domain unless his ground extends fifty cubits in every direction. And he must distance it from his fellow’s plants and ploughed land so that it will not cause damage. Section 2a also restricts a person from placing a threshing floor close to his neighbor’s plants or ploughed land. Again, the chaff can be damaging to plants and can spoil ploughed land.

Questions for Further Thought:
• Why does Abba Shaul allow fruit bearing trees to be planted closer to the town?

גורן קבע – a threshing floor that has a large pile that they winnow it with a winnowing shovel is called a permanent threshing floor. But if the pile is not large, and he doesn’t have to winnow the chaff with a winnowing shovel, but rather, the wind blows it into a pile, and the chaff is driven off on its own, is called a threshing floor that is not permanent.

Introduction Mishnah eight deals with distancing a threshing floor from the city. A threshing floor was the place where farmers would bring their harvested wheat in order to separate the kernels of wheat from the chaff. A threshing floor would produce much waste, as the chaff is thrown to the wind. In order to prevent the chaff from polluting the city the mishnah discusses how far away the threshing floor must be kept.

חמשים אמה – because the chaff that damages the members of the city when it is winnowed.

A permanent threshing floor may not be made within fifty cubits of the town. One may not make a permanent threshing floor within his own domain unless his ground extends fifty cubits in every direction. The Mishnah states that a threshing floor may not be placed less than fifty cubits from another person's property or from the town. The reason for this prohibition was explained in the introduction.

ומנירו – [newly ploughed field] of his fellow. A ניר/newly broken or ploughed field. This is a ploughing done during summertime in order that the roots of the thorns and grasses will die.

And he must distance it from his fellow's plants and ploughed land so that it will not cause damage. The Mishnah restricts a person from placing a threshing floor close to his neighbor's plants or ploughed land. Again, the chaff can be damaging to plants and can spoil ploughed land.

כדי שלא יזיק – What is the reason that this is said? What is the reason that we distance this from the crops of his fellow and from his newly broken/ploughed field fifty cubits? In order that the chaff not damage his plants and his newly broken/ploughed field, which is made of manure and ruins the newly broken field and dries out the plants/trees.

את הנבילות ואת הקברות – because of the bad smell.

Introduction Mishnah nine deals with distancing foul-smelling things from a town.

הבורסקי – a place where they work the hides.

Animal carcasses, graves and tanneries must be distanced fifty cubits from a town. A tannery may be set up only to the east of a town. Rabbi Akiva says: “It may be set up on any side save the west, and it must be distanced fifty cubits [from the town]. The three things listed in section one, animal carcasses, graves and tanneries will potentially give off foul smells. Therefore one had to make sure these things were kept at least fifty cubits from the town. Furthermore, since a tannery smells so bad, it may only be set up to the east of the town. Since easterly winds were not common in the Land of Israel, the tannery needed to be kept to the east so its smell would not be blown into the town. Rabbi Akiva said that the tannery could also be to the north or south of the town, just not to the west.

אלא למזרח העיר – for the east wind is not hard, other than if it comes for retribution. But when it comes in is normal manner, it is warm and blows gently, therefore, it does not bring the smell to the city.

Questions for Further Thought:
• What is the relationship of Rabbi Akiva’s opinion to the anonymous opinion? Upon what does he agree and upon what does he agree?

חוץ מן מערבה – he can make it in any direction and distance it fifty cubits from the western wind, which doesn’t do anything because they pray to that direction where God’s presence is in the west. But the Halakha is not according to Rabbi Akiva.

המשרה – a place where the steep the flax and cause loss to the vegetables that are near them.

Introduction Mishnah ten deals with distancing foul-smelling things from foods which might be ruined due to the smell.

הכרישין – leeks in the language of the Talmud, and they destroy the onions that are near them.

A pool for soaking flax must be distanced from vegetables, and leeks from onions, and mustard plant from bees. Rabbi Yose permits mustard plant. This simple mishnah lists things that will spoil other things if kept near them and therefore must be distanced from them. [Note: part of the processing of flax, a major material for clothing, was soaking it in water].

ואת החרדל מן הדבורים – which destroys the honey and makes it pungent and sharp.

Questions for Further Thought:
• Why does mishnah ten come after mishnah nine?

רבי יוסי מתיר בחרדל – because he can say to him (i.e., his fellow): “Until you tell me: Distance your mustard plant from my bees; distance your bees from my mustard plant because they come and eat the buds of my mustard plants.” And the Halakha is according to Rabbi Yosi.

ובחרוב ובשקמה – their roots are numerous.

Introduction Mishnah eleven deals with distancing trees from cisterns lest the roots break the underground walls of the cisterns.

בין מלמעלה – because one of them is above in height of the slope of the mountain.

A tree may not be grown within twenty five cubits of a cistern, or within fifty cubits if it is a carob or a sycamore, whether it is higher or on the same level. Section one prohibits one from planting a tree either twenty five or fifty cubits, depending on the type of tree, from another’s cistern lest the roots damage the cistern. This is true whether the tree is on higher or equal ground to the cistern.

בין מן הצד – on level ground.

If the cistern was there first the tree shall be cut down and compensation given. If the tree was there first it shall not be cut down. If it is in doubt which was there first, the tree shall not be cut down. Rabbi Yose says: “Even if the cistern was there before the tree it should not be cut down, since this one dug within his own domain and the other planted within his own domain.” Section two deals with the consequences of a tree that was planted closer than twenty five or fifty cubits. If the cistern was there first, the tree must be cut down, but the owner will receive compensation. Even though he was not supposed to plant there, it is still his property and therefore he is paid for the loss of the tree. However, the cistern owner can at least take the initiative and force him to remove his tree. If, however, the tree was there first, the owner of the cistern cannot even force the tree owner to remove the tree. If it is unclear which is there first, the tree is not removed. Rabbi Yose has a different opinion. According to him, so long as each person’s activities are confined to his property, the other cannot force him to remove the potentially offending object, in this case a tree. Rabbi Yose is what we might in our time call a right to privacy advocate.

ונותן דמים – for since he planted with permission, that he doesn’t damage until a great time [passes], the Sages did not require him to cut it down without payment because of the wind/blast of an individual [tree].

Questions for Further Thought
• In mishnah seven we discussed a similar issue to this mishnah. What are the differences between the two mishnayoth and why do you think they exist?

רבי יוסי אומר – And the Halakha is according to Rabbi Yosi.

סמוך לשדה חבירו – whether it is a bright field lacking shade or it is a cultivated field in which trees grow.

Introduction Mishnah twelve deals with distancing trees from the another person’s fields.

אלא אם כן החיק ממנו ארבע אמות – in order for the word of the vineyard, for when he ploughs his trees, there should not be a need to bring his plough into that (i.e., the field) of his fellow. And these words refer to the Land of Israel, and places like it where their ploughs are long. But in Babylonia and in other countries where their ploughs are short, a distance of two cubits is sufficient, and especially with vines to [other] vines, and trees to trees, where two cubits are sufficient. But, one who comes to plant in an orchard near the vines, even in Babylonia, and places similar to it, one has to make a distance of four cubits.

A person may not plant a tree near another’s field unless it is four cubits away, no matter whether it be a vine or any other kind of tree. If there was a wall between, each may plant up to the wall on either side. If its roots entered within the other’s property, the other may cut them away to a depth of three handbreadths so that they shall not hinder the plough. If he dug a cistern, trench or cave, he may cut them away as far down as he digs, and the wood shall belong to him. A tree planted close to another person’s property will eventually grow onto that property, both above and below ground. Therefore a person was required to distance his trees four cubits from another’s property. The remainder of the mishnah is basically refining this general law which we learn in section one. In 1a we learn that the law is not applicable if there is a fence, which would prevent the leaves of the trees from entering into the neighbor’s property. If there is a fence than one may plant his trees right up to the fence. In 1b we learn that if the roots of your neighbor’s tree enters your property you are allowed to remove the roots that are less than three handbreadths deep, so that the plow will not get caught on them. Finally, we learn at the end of the mishnah that if one was digging something on his property and the roots interfered, he can cut them away even further than the aforementioned three cubits.

מעמיק שלשה טפחים – the owner of the field whose fellow’s tree roots went out into his field, he cus them at a depth of three handbreadths and does not worry.

Questions for Further Thought
• In the last clause of the mishnah it says that the trees (i.e. cut away roots of trees) are his. Why doesn’t he have to return them to the owner of the tree?

והעצים שלו – of the owner of the field, and this will be the place where he ploughs sixteen cubits or more from the tree of his fellow, but less than this, the wood belongs to the owner of the trees, for up to sixteen cubits, they absorb sap, more than this, they don’t suck the sap.

קוצץ – [he cuts] the branches until the height of the handle protruding over the plough (i.e., the ox-goad), to not prevent him from bringing his plough there (see Talmud Bava Batra 27b).

If a tree stretches into another’s field, he may cut it away as far as is reached by an ox-goad held over the plough, or, if it is a carob or sycamore, [he may cut it away] according to the plumb line’s measure.
All trees that stretch over irrigated fields may be cut away according to the plumb line’s measure.
Abba Shaul says: “All trees that bear no fruit may be cut away according to the plumb line’s measure.”
We learned yesterday in mishnah twelve that if another person’s trees encroach on one’s property one may cut out the roots, up to a certain depth. In mishnah thirteen we learn that if another person’s branches encroach on one’s property they may also be removed.
In this mishnah we encounter two different ways in which a person may cut off the branches of a tree that encroaches on his property. In section one we learn that in general a person can cut them as high as is reached by the “ox-goad held over the plough”. An ox-goad is the whip which a person riding a plough pulled by oxen would use to goad the oxen. If the branches were to interfere with the ox-goad one would have trouble plowing his field. Therefore, up until this height one can always remove the branches. The other measure for cutting down trees is the plumb line, which would go straight up from the end of his property. In other words, any branches hanging over his property may be cut down. One can cut away according to the measure of the plumb line in the following situations: 1) a carob or sycamore’s tree, whose branches are thick and will provide too much shade for the field over which they hang. 2) Any tree that stretches over an irrigated field, which needs a lot of irrigation. A tree from another field blocking its access to rain will cause much damage to this type of field. According to Abba Shaul one may always cut away up until the plumb line.

מרדע – which teaches the cattle [sense].

החרוב והשקמה – that their shade is great and difficult for the field.

כנגד המשקולת – cuts everything that hangs over into his field. משקולת/plummet is a threat that those who build walls suspend from it the weight of lead.

ואם בית השלחין היא – a land thirsting for water.

כל האילן כנגד המשקולת – even if it is not a carob or sycamore tree, he cuts as measured by the plummet, for the shade is bad for a field requiring irrigation.

אבא שאול אומר וכו' – he is referring to the first part [of the Mishnah], as the first Tanna/teacher stated, “he cuts them off as far as the ox-goad protrudes [over the plough] and even if it is a tree that bears no fruit, except for a carob [tree] and sycamore [tree] and Abba Shaul said to him: Any non-fruit bearing tree may be cut by measuring with the plummet. But the Halakha is not according to Abba Shaul.

אילן הנוטה לרה"ר – cut the lowest branches in order that the camel and its rider can pass by.

Introduction In mishnah fourteen we learn that if the branches of a tree encroach on the public domain, they too may be cut down.

גמל טעון פשתן – and there is no need to cut in order that the camel and its rider, for the rider bends and passes by underneath him.

If a tree stretches into the public domain enough must be cut away to allow a camel and its rider pass by. Rabbi Judah says: “A camel laden with flax or bundles of branches.” Rabbi Shimon says: “Every tree [must be cut away] according to the plumb line’s measure, because of impurity. There are three opinions in our mishnah with regards to removing branches that overhang onto the public domain from a tree originating in private property. The first opinion is that they must be removed up until a height that will allow a camel and its rider to pass by. Rabbi Judah says that the branches do not need to be removed all the way to the height of the rider for he can duck. They only need to be removed to the height of the camel’s load which obviously cannot duck to avoid the branches. Rabbi Shimon says that all of the branches which overhang into the public domain must be removed because of the laws of impurity. According to the Jewish system of purity and impurity if a pure thing is overshadowed by the same object overshadowing an impure thing, the impure thing will convey impurity to the pure thing. In other words, if a bone which imparts impurity were to be underneath branches and a person were to be there as well, the person would be impure. In order to prevent such a situation, Rabbi Shimon does not allow branches to grow into the public domain.

מפני הטומאה – lest the branches form a roof/tent on an olive’s bulk from a dead person, and similar matters, and the person who passes there will become ritually defiled. But the Halakha is according to the first Tanna/teacher alone.