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Babylonian Talmud: Tractate Baba BathraSALT, LIME, AND FLINT STONES AT LEAST THREE HANDBREADTHS FROM HIS NEIGHBOUR'S WALL OR PLASTER THEM OVER. The reason is that there is a wall, but if there is no wall he may bring these things close up to the boundary?1 — No; even if there is no wall, he still may not bring them close up. What then does the mention of the 'WALL' here tell us? — It tells us that these things are injurious to a Wall. SEEDS, PLOUGH FURROWS AND URINE SHOULD BE KEPT THREE HANDBREADTHS FROM THE WALL. The reason is that there is a wall, but if there is no wall he may bring these things close up to the boundary? — No; even if there is no wall he may not bring them close up. What then does the mention of the 'WALL here tell us? — It tells us that moist things are bad for a wall. Come and hear: MILL-STONES SHOULD BE KEPT AT A DISTANCE OF THREE HANDBREADTHS RECKONING FROM THE UPPER STONE, WHICH MEANS FOUR FROM THE LOWER STONE. The reason is that there is a wall, and if there is no wall he may bring them close up? — No; even if there is no wall, he may not bring them close up. What then does this tell us? — It tells us that the shaking [caused by turning the millstones] is bad for the wall. Come and hear: AN OVEN SHOULD BE KEPT AWAY THREE HANDBREADTHS RECKONING FROM THE FOOT OF THE BASE, WHICH MEANS FOUR FROM THE TOP OF THE BASE. The reason is that there is a wall, but if there is no wall he may bring it close Up? — No; even if there is no wall he may not bring it close up. What then does this tell us? — That the heat [from the oven] is bad for the wall. Come and hear: A man may not open a bakery or a dyer's workshop under another person's storehouse2 nor make a cowshed there.3 The reason is that there is a storehouse there, but if there is no storehouse, he may, [may he not]?4 — A place where persons can live5 is different. This is indicated by the Baraitha taught in connection with this Mishnah: 'If the cowshed was there before the granary, he is permitted to keep it.'6 Come and hear: A man should not plant a tree nearer than four cubits to his neighbour's field. Now it has been taught in reference to this that the four cubits here mentioned are to allow space for the work of the vineyard.7 The reason then is that there should be space for the work of the vineyard. but were it not for this he would be allowed to plant close up, [would he not,] although the tree has roots which can injure the other's field?8 — We are dealing here with the case where there is a piece of hard rock between.9 This is further indicated by the fact that the passage goes on: 'If there is a fence between,10 each one can plant close up to the fence on his own side.'11 If that is so,12 what do you make of the next clause: 'If the roots of his tree spread into his neighbour's field, he may cut them out to a depth of three handbreadths, so that they should not impede the plough'?11 Now if there is hard rock between, how can the roots get there? — What the passage means is this: If there is no hard rock between and the roots spread into his neighbour's field, then he may cut them out to a depth of three handbreadths, so as not to impede the plough. Come and hear: A tree [in one man's field] must be kept twenty five cubits from a pit [in another man's field]. The reason is that there is a pit; if there is no pit, he may plant close up? — No; even if there is no pit he may not plant close up, and this statement teaches us that up to twenty-five cubits the roots are liable to spread and injure the pit. If that is so, what do you make of the next clause: 'If the tree was there already, he is not required to cut it down'? Now if he may not plant close up, how can you apply this statement?13 — As R. papa said in another connection, 'in the case of a purchase;'14 so here, in the case of a purchase.15 Come and hear: Water in which flax is steeped must be kept at a distance from vegetables. and leeks from onions, and mustard from a beehive.16 The reason is that there are vegetables there; otherwise he may bring them close up [to the boundary]? — No; even if there are no vegetables he may not bring them close up, and what this statement teaches us is that these things are bad for one another. If that is so, what of the next clause: R. Jose declares it permissible in the case of mustard; [and it has been taught in reference to this, that the reason is]17 because the sower can say to his neighbour. 'Just as you can tell me to remove my mustard from your bees, I can tell you to remove your bees from my mustard, because they come and eat the stalks of my mustard plants'?18
Baba Bathra 18bNow if a man is not allowed to bring these things close up to the boundary, in what conditions could such a remark be made?1 R. Papa answered: In the case of a purchaser.2 But if we are speaking of a purchaser, what reason have the Rabbis for prohibiting?3 Also, why does R. Jose permit only in the case of the mustard? Why not the water and the leeks also? — Rabina replied: The Rabbis hold that it is incumbent on the one who inflicts the damage to remove himself.4 We may infer from this that in the opinion of R. Jose it is incumbent on the one who suffers the damage to remove himself, and if that is so, then he should permit flax — water to be placed close to vegetables?5 — The truth is that R. Jose also holds that it is incumbent on the one who inflicts the damage to remove himself, and he argued with the Rabbis as follows: I grant you are right in the case of the flax water and the vegetables, because the former harms the latter but not vice versa, but the case is different with bees and mustard, because both are harmful to one another. What have the Rabbis to say to this? — That bees do no harm to mustard; the grains they cannot find, and, if they eat the leaves, they grow again. But does R. Jose in fact hold that it is incumbent on the one who inflicts the damage to remove himself? Have we not learnt: 'R. Jose says: Even if the pit was there before the tree, the tree need not be cut down, because the one owner digs in his property and the other plants in his'?6 — The truth is that R. Jose holds it to be incumbent on the one who suffers the damage to remove himself, and here he was arguing with the Rabbis on their own premises. thus: 'In my view the one who suffers the damage has to remove himself, and therefore in this case it is not necessary to remove even the flax-water from the vegetables. But on your view that the one who inflicts the damage must remove himself, I grant you are right in the case of the flax-water and the vegetables, because the former injures the latter but not vice-versa. But this does not apply to bees and mustard, where both injure one another.' To which the Rabbis can reply that bees do not injure mustard; the grains - To Next Folio -
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