Talmud sobre Baba Batra 5:14

HALAKHAH: Rav Jehudah in the name of Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan¹⁷A very shortened version of this statement is in Baba Batra 5:5 (fol. 15a), a parallel is in Babli Baba Batra82b–83a, where the allowable distances are determined in a lengthy discussion. Probably the statement in (Caesarean) Yerushalmi Baba Batra is the original one; the extended (Tiberian) version here must be the result of a derivation parallel to the arguments of the Babli. The rules established in Baba Batra deal with transactions without special stipulations; the parties in a sale are free to specify exactly what is sold and what is not sold but if the details are not mentioned in the contract of sale then the rules given here are valid by default.: If somebody buys three trees on another person’s property, spaced so that ten trees could be planted in a bet seah¹⁸This is the minimum of trees in a bet seah that constitutes an orchard. If the trees are planted in a regular pattern, each tree is the center of a square of 250 square cubits. Hence, the distance of two trees is 250^½ = 15.811 cubits. (In the Babli, the distance is required to be “less than 16 cubits.”) and that the ox and its harness could pass between them¹⁹This is defined as “working space” of 4 cubits in Kilaim, Halakhah 5:3. In all cases, the stems of the trees are not included in the measurements, cf. Kilaim, Halakhah 4:8., then he acquired the ground under them, the ground between them, and outside the space for the harvester and his basket. Rav said, if they form a group²⁰If the trees form a triangle. The correct version is in a Genizah fragment, בעשויין ציבה, referring to צובה “tripod”. The Venice text has the word in Eruvin 5:2, in a rule concerning three villages close one to another, where Rav requires them to be built “like a tripod” and Samuel allows them to be aligned.. Samuel says, also if they are in a straight line. Rebbi Yose said, this refers to there but not to here²¹The minimal and maximal distances apply to civil contracts, not to the laws of the Sabbatical.. Rebbi Jonah said, it refers even to here, if they are close²²Fruit trees planted less than four cubits apart cannot grow; they are planted either in a tree nursery to be transferred later to genuine agricultural use or they are grown for their wood and will be cut down. In no case is ploughing the field for them justified.. Rebbi Mana said to him, did we not state “that the ox and its harness could pass between them”? Come and see, if the ox and its harness can pass between them, the roots can expand laterally, but if the ox and its harness cannot pass between them, the roots cannot expand laterally.

MISHNAH: If somebody finds¹⁰⁶Ploughing his field or excavating his property, he finds a grave unknown to him. a corpse in original position, lying as usual¹⁰⁷The position of the bones is that usual in Jewish burials., he takes him and his surroundings¹⁰⁸He can remove the bones and the earth that will have absorbed the decaying flesh. The Mishnah assumes that no sarcophagus was used.. If he finds two, he takes them and their surroundings. If he finds three¹⁰⁹Three parallel graves. and between one and the next is a distance of between four and eight cubits, enough for the bier and the people who bury¹¹⁰It is forbidden to step on a grave while burying another person. Therefore, a Jewish cemetery must allow enough space that burials can take place which do not desecrate prior graves., that is a cemetery¹¹¹It is forbidden to remove the graves or to use the ground for other purposes.. He has to check on both sides for another 20 cubits. If he finds a grave at the end of 20 cubits, he has to check another 20 cubits since it is obvious that if this were a new burial ground, one would have taken him and his surroundings there¹¹²If a series of graves was found which conform to the rules of a cemetery, it must be a cemetery since otherwise the bones would have been removed..

How much is the surrounding of a grave? One shaves off three finger-breadths, the place where fluid penetrates¹¹⁸In the Babli, 65a, this is a little more explicit: In virgin soil, one takes three finger-breadths. In loose soil, one takes as much as one recognizes that the decomposing flesh penetrated..

MISHNAH: He who sows one species on his field gives one peah even though he works⁸²Literally: He makes two threshing floors. Not only the act of threshing is involved, but also the collection of threshed grain into orderly heaps. The best translation is: processing (grain on the stalk into a commercial commodity.) at two different threshing floors. If he sows two species, he gives two peot even though he threshes them together⁸³And puts them together in the same heap.. He who sows two different kinds of wheat on his field gives one peah if he processes them together⁸⁴That means that he treats them as one kind of wheat., two peot if he threshes them separately.
It happened that Rebbi Simeon from Miẓpah⁹³A Mishnah collector in the times of Rabban Gamliel I; one of a very small number of scholars who lived during Second Temple times who is always mentioned with the title “Rebbi.” {It is possible that before the destruction of the Temple, “Rebbi” did not designate a rabbi but a collector of legal statements.} Miẓpah probably is today’s Nebi Samwil, N. W. of Jerusalem. sowed before Rabban Gamliel; they ascended to the stone hall⁹⁴The hall on the Temple Mount whose walls were formed by hewn stone and in which the high court held its sessions. and asked. Naḥum the scribe⁹⁵Cf. Latin libellaris, “of books.” He was the clerk of Rabban Gamliel I’s court. said: I have the tradition from Rebbi Miasha, who received it from my father, who received it from the pairs⁹⁶The pairs of authorities, chiefs and deputy chiefs of the high court in Jerusalem, who are mentioned in the first chapter of Pirqe Avot., who received if from the prophets⁹⁷Ḥaggai, Zachariah, Malachi, who by tradition are counted as members of the “Great Assembly.”, a practice going back to Moses on Sinai, that he who sows two different kinds of wheat on his field gives one peah if he stores them together, two peot if he stores them separately.

HALAKHAH: If he cut half the fine wheat⁸⁵The reading of the Venice print here is איגדו, that of the Rome manuscript אגידו. This kind of wheat is usually spelled אגרו, אגורי, אגרי; this is R. Simson’s spelling here. The spelling with r is probably correct. The term corresponds to Syriac איגורי דחיטתא “fine quality wheat” (Payne-Smith vol. I, col. 137). The entire exposition deals only with the case of a field sown with two kinds of wheat, as in the Mishnah. and half the coarse wheat⁸⁶Everywhere else, this kind of wheat is called שחמתית. The elision of ḥ shows that these rules were formulated in the region between Haifa and Beth She‘an where ח was identified with ה. The root of the word is שחם “to be darkish” (Arabic سخم، سحم; cf. also شخم “spoiled”). This is the coarser kind of wheat. to process them together and then he changed his mind and processed them separately he cannot give from the fine wheat for the coarse either the first time⁸⁷When he cuts half of the field, since we require that the poor have a clear sign when peah will be given and that is at the end of the total harvest. or at the end⁸⁸Since actions count more than intentions.. If he cut half the fine wheat and half the coarse wheat to process them separately and then he changed his mind and processed them together, he may give from the fine wheat at the end for the coarse wheat at the end, from the fine wheat the first time for the coarse wheat the first time⁸⁹Here also the action cancels the prior intention. He may not give from the coarse wheat for the fine since that would be stealing from the poor. He may give from the fine wheat for the coarse since he gives to the poor more than they would be entitled to.. He gives from fine wheat for fine wheat if he finished harvesting his field, but if he did not finish harvesting, he may not give even from fine wheat for fine wheat⁹⁰As explained before, all peah has to be given at the end.. If he cut half the fine wheat and all the coarse wheat to process them together and he changed his mind and processed them separately⁹¹Not the fine and the coarse kinds separately but the first and the second harvests separately. In that case, since peah has to be given at the end, there is only fine wheat to be given (for the entire field) and the farmer is not obligated to separate peah from the coarse wheat kernels in his heap. {The emendations proposed by the commentators are unconvincing.} then he gives from the fine wheat for the fine wheat and all the coarse wheat is exempted⁹³A Mishnah collector in the times of Rabban Gamliel I; one of a very small number of scholars who lived during Second Temple times who is always mentioned with the title “Rebbi.” {It is possible that before the destruction of the Temple, “Rebbi” did not designate a rabbi but a collector of legal statements.} Miẓpah probably is today’s Nebi Samwil, N. W. of Jerusalem..