Da mesma forma, com uma casa de prensas de azeitona construída em uma rocha e um jardim no topo, [a casa pertencente a uma e o jardim à outra] —Se ele (o telhado da casa) fosse "reduzido" quatro a quatro larguras de mão, para que não pudesse ser semeado como antes], o dono do jardim desce e semeia abaixo (na casa) até que ele faça uma abóbada telhado para sua casa, [no qual o dono do jardim pode colocar o solo e semear.] Se a parede ou a árvore de alguém caísse em domínio público e causasse danos, ele não é obrigado a pagar. [Pelo que ele poderia ter feito? Ele foi pego de surpresa.] Se eles [beth-din] lhe deram tempo [trinta dias] para cortar a árvore ou derrubar o muro, e eles caíram dentro desse tempo, ele não é responsável; se após esse período, ele é responsável.
Bartenura on Mishnah Bava Metzia
בית הבד – a house to gather olives.
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English Explanation of Mishnah Bava Metzia
So, too, if an olive press was built in a rock and another had a garden on top of it, and [the olive press] was in part broken down, the owner of the garden may come down and sow below until the other rebuilds the ceiling of his olive press. This scenario is similar to the scenario in the previous mishnah, but instead of a house with an upper room, this mishnah deals with an olive press that has a garden growing on top of it. Should the roof of the olive press collapse, the owner of the garden is permitted to plant below until the owner of the olive press rebuilds the ceiling. Note how valuable space was in the Land of Israel. People would use any possible land to garden, even land which had on olive press beneath it. Much of the land of Israel is not arable, particularly the mountainous regions and the desert. This is still true in Israel today.
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Bartenura on Mishnah Bava Metzia
וגנה אחת על גביו – and the olive press belongs to one [of them] and the garden is of the other.
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English Explanation of Mishnah Bava Metzia
If a wall or a tree fell into the public domain and caused damage, the owner is not liable to make restitution. If a set time had been given to him to cut down the tree or pull down the wall, and they fell down within the time, he is not liable. If after that time, he is liable. This section of the mishnah does not deal with shared property as in the previous portions of the chapter but rather with a property owner’s responsibilities and liabilities with regards to the public domain. According to the mishnah if a person’s wall or tree fell into the public domain and thereby caused damage he is not liable. This is a case where he had no way of knowing that his tree or wall would fall, and therefore he cannot be held accountable. If, however, he had been given a warning by the court and told to either remove his tree or wall, or make them safer, and the time for doing so had elapsed, he will be subsequently liable for any damage done by the tree in the public domain.
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Bartenura on Mishnah Bava Metzia
ונפחת – (see Bava Metzia 118a) four handbreadths by four handbreadths and it is not worthy to sow as at first.
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English Explanation of Mishnah Bava Metzia
Questions for Further Thought: Mishnah four, section one: What is the difference between the scenario in this section and that in the previous mishnah?
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Bartenura on Mishnah Bava Metzia
כיפין – a ceiling made in a circle like a rainbow and upon it, the owner of the garden places dust/mud and plants.
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Bartenura on Mishnah Bava Metzia
פטור מלשלם – for what was he to do, as it was an unavoidable accident.
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Bartenura on Mishnah Bava Metzia
נתנו לו זמן – A Jewish court; thirty days to tear it down and cut it {i.e., the tree) down.
