Talmud Yerushalmi
Yerushalmi Bava Batra 2:3 ירושלמי בבא בתרא ב׳:ג׳
Part of: Chapter 2
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משנה: לֹא יִפְתַּח אָדָם חֲנוּת שֶׁל נַחְתּוֹמִין וְשֶׁל צַבָּעִין תַּחַת אוֹצָרוֹ שֶׁל חֲבֵירוֹ וְלֹא רֶפֶת בָּקָר. בֶּאֱמֶת בַּיַּיִן הִתִּירוּ אֲבָל לֹא רֶפֶת בָּקָר. חֲנוּת שֶׁבֶּחָצֵר יָכוֹל הוּא לְמַחוֹת בְּיָדוֹ וְלוֹמַר לוֹ אֵינִי יָכוֹל לִישַׁן מִקּוֹל הַנִּכְנָסִין וּמִקּוֹל הַיּוֹצְאִם. עוֹשֶׂה כֵלִים יוֹצֵא וּמוֹכֵר בְּתוֹךְ הַשּׁוּק אֲבָל אֵינוֹ יָכוֹל לְמַחוֹת בְּיָדוֹ וְלוֹמַר לוֹ אֵינִי יָכוֹל לִישַׁן מִקּוֹל הַפַּטִּישׁ וְלֹא מִקּוֹל הָרֵחַיִּם וְלֹא מִקּוֹל הַתִּינּוֹקוֹת.
MISHNAH: A person may not open a bakery or a dye shop25Both create excessive heat which might damage the goods stored there. The owner of a preexisting storage facility can go to court and request an order prohibiting the operation of a bakery or dye shop. under the storage room of another person, nor an animal barn26The smell would ruin most of the goods stored there.. In truth27A technical term indicating pre-rabbinic practice which somehow deviates from the principle just stated. they permitted for wine28Which is held to age better in the heat., but not an animal barn. About a store in the courtyard29Somebody bought a property in the courtyard to open a store where there was none before. one30Any of the co-owners of the courtyard. may object and tell him, I cannot sleep because of the noise of those coming and the noise of those leaving31The customers.. One who manufactures vessels has to leave and sells them in the market32But he can manufacture in a place which otherwise is a bedroom community as long as he does not create traffic of people who do not belong there.; nobody may object and tell him, I cannot sleep because of the noise of the hammer, nor because of the noise of a grindstone, nor because of the noise of children33Nobody may object to a school in his courtyard..
MISHNAH: A person may not open a bakery or a dye shop25Both create excessive heat which might damage the goods stored there. The owner of a preexisting storage facility can go to court and request an order prohibiting the operation of a bakery or dye shop. under the storage room of another person, nor an animal barn26The smell would ruin most of the goods stored there.. In truth27A technical term indicating pre-rabbinic practice which somehow deviates from the principle just stated. they permitted for wine28Which is held to age better in the heat., but not an animal barn. About a store in the courtyard29Somebody bought a property in the courtyard to open a store where there was none before. one30Any of the co-owners of the courtyard. may object and tell him, I cannot sleep because of the noise of those coming and the noise of those leaving31The customers.. One who manufactures vessels has to leave and sells them in the market32But he can manufacture in a place which otherwise is a bedroom community as long as he does not create traffic of people who do not belong there.; nobody may object and tell him, I cannot sleep because of the noise of the hammer, nor because of the noise of a grindstone, nor because of the noise of children33Nobody may object to a school in his courtyard..
הלכה: לֹא יִפְתַּח אָדָם כול׳. רִבִּי יַעֲקֹב בַּר אָחָא פָנִי חַד חֲלִיטָר מִן אִיסטֹיב לְאִיסטֹיב. רִבִּי אֶבְדּוּמִי אֲחִי רִבִּי יוֹסֵי הֲוָה חַד חֲלִיטָר שָׁרִי תַחְותּוֹהִי. עָבַר רִבִּי אָחָא וְלֹא מָחָא. אָמַר. רַבָּנִן עָבְרִין וְלָא מַחְוֵי. כָּעַס עֲלוֹי רִבִּי אָחָא. אִיבְאַשׁ רִבִּי אֶבְדּוּמִי אֲחִי רִבִּי יוֹסֵה אִיבְאַשׁ. סְלִיק רְבִּי יוֹסֵי מְבַקֵּרְתֵיהּ. אָמַר. אֵיזִיל וְאִיבְּעִי מִינֵּיהּ. אֲזַל וָמַר בֵּי דִינָא וְרַחֵם עֲלוֹי בֵי דִינָא וַעֲתַר לֵיהּ תַּכְרִיכִין.
HALAKHAH: “A person may not open,” etc. Rebbi Jacob bar Aḥa moved a preparer of fried food from one stall42Cf. Latin stibadium “bench”, Arabic مسطبة. to another stall. One preparer of fried food was dwelling below [the apartment of] Rebbi Eudaimon the brother of Rebbi Yose. Rebbi Aḥa passed by and did not object43This paragraph really should be taken together with the preceding one. It seems that the store was there before R. Eudaimon moved in. The latter therefore needed a confirmation from the head of the local court that “a person causing damage has no squatter’s rights” (Note 38), which R. Aḥa refused. Since the fourth generation authority refused to enforce the pronouncement of the first generation R. Jonathan, its legal validity is in doubt.. He said, the rabbis are passing by and do not object. Rebbi Aḥa got angry with him. Rebbi Eudaimon the brother of Rebbi Yose became seriously ill. Rebbi Yose came to visit him. He said, I shall go and ask him44He promised to pacify R. Aḥa.. He went and said, if a court had mercy on somebody would the court prepare shrouds for him?
HALAKHAH: “A person may not open,” etc. Rebbi Jacob bar Aḥa moved a preparer of fried food from one stall42Cf. Latin stibadium “bench”, Arabic مسطبة. to another stall. One preparer of fried food was dwelling below [the apartment of] Rebbi Eudaimon the brother of Rebbi Yose. Rebbi Aḥa passed by and did not object43This paragraph really should be taken together with the preceding one. It seems that the store was there before R. Eudaimon moved in. The latter therefore needed a confirmation from the head of the local court that “a person causing damage has no squatter’s rights” (Note 38), which R. Aḥa refused. Since the fourth generation authority refused to enforce the pronouncement of the first generation R. Jonathan, its legal validity is in doubt.. He said, the rabbis are passing by and do not object. Rebbi Aḥa got angry with him. Rebbi Eudaimon the brother of Rebbi Yose became seriously ill. Rebbi Yose came to visit him. He said, I shall go and ask him44He promised to pacify R. Aḥa.. He went and said, if a court had mercy on somebody would the court prepare shrouds for him?
חַד בַּר נַשׁ זְבִין כָּל דִּרָתֵיהּ. שִׁיֵיר בָּהּ חַד מִסְטוּבָא וַהֲוָה עֲלִיל וִיתִיב לֵיהּ עֲלֵיהּ. אָתָא עוֹבְדָא קוֹמֵי רִבִּי יוֹנָה בירִבִּי יוֹסֵי. אָמְרִין. לָא כוֹלָא מִינָּךְ מֵיעַל וִיתִיב עֲלֵיהּ וַחֲמֵי מֵיעַל וּנְפַק גַּו בֵּיתֵיהּ. חַד בַּר נַשׁ זְבִין פַּלְגָּא דִרָתֵיהּ שִׁיֵיר בָּהּ חַד נַחְתּוֹמָר. אָתָא עוֹבְדָא קוֹמֵי רִבִּי יוֹנָה וְרִבִּי יוֹסֵי. אָמְרִין. אַתְּ אֲתָת עֲלוֹי הוּא לָא אֲתַא עֲלָךְ. וְתַנֵּי כֵן. אִם קָדְמָה הָרֶפֶת אוֹ חֲנוּת לָאוֹצָר אֵין יָכוֹל לְמַחוֹת.
A person sold his entire house45A private dwelling with the entire courtyard.; he reserved for himself one stone bench45aArabic مَسُطَبَة “bench, anvil”. where he went and sat. The case came before Rebbi Jonah and Rebbi Yose. They said, it is not in your power to go and sit there and observe who comes and goes in his house46Your property right does not override the buyer’s right to privacy.. A person sold half his house; he reserved a bake shop for himself. The case came before Rebbi Jonah and Rebbi Yose. They said, you are coming to him; he is not coming to you, as it is stated47Tosephta 1:4, Babli 20b. The buyer of an apartment above a bake shop cannot complain.: “If the barn or the store preceded the storage room, he cannot object.”
A person sold his entire house45A private dwelling with the entire courtyard.; he reserved for himself one stone bench45aArabic مَسُطَبَة “bench, anvil”. where he went and sat. The case came before Rebbi Jonah and Rebbi Yose. They said, it is not in your power to go and sit there and observe who comes and goes in his house46Your property right does not override the buyer’s right to privacy.. A person sold half his house; he reserved a bake shop for himself. The case came before Rebbi Jonah and Rebbi Yose. They said, you are coming to him; he is not coming to you, as it is stated47Tosephta 1:4, Babli 20b. The buyer of an apartment above a bake shop cannot complain.: “If the barn or the store preceded the storage room, he cannot object.”
תַּנֵּי. בֶּאֱמֶת בְּיַיִן הִתִּירוּ אַף עַל פִּי שֶׁמְמָעֵטוֹ. אֶלָּא שֶׁמַּשְׁבִּיחוֹ. רַב הוֹשַׁעְיָה כַּד שְׁמַע הָדֵין תַּנָּיָיה יְהַב חַמְרֵיהּ גַּו אִגְרֵיהּ דְּבָנִי. אַסְרֵיהּ חַמְרֵיהּ. אָמַר. הַמִּשְׁנָה הִיטְעָתִי. לֹא שֶׁהִיטְעָתִי הַמִּשְׁנָה אֶלָּא דְרֵיחָא דְבָנִי מַסְרִי חַמְרֵיהּ.
It was stated: In truth, they permitted for wine even though it diminishes it because it improves it48Tosephta 1:4, Babli 20b.. Rav Hoshaia when he heard this statement put his wine in the attic of the bath house. His wine became foul-smelling. He said, the Mishnah led me astray. But the Mishnah did not lead him astray; the smell of the bath house made his wine foulsmelling49The Babli endorses the opinion that the Mishnah be valid only for Palestinian, not Babylonian wines..
It was stated: In truth, they permitted for wine even though it diminishes it because it improves it48Tosephta 1:4, Babli 20b.. Rav Hoshaia when he heard this statement put his wine in the attic of the bath house. His wine became foul-smelling. He said, the Mishnah led me astray. But the Mishnah did not lead him astray; the smell of the bath house made his wine foulsmelling49The Babli endorses the opinion that the Mishnah be valid only for Palestinian, not Babylonian wines..
תַּנֵּי. לִשְׁכֵינוֹ יָכוֹל לַחֲזוֹר בּוֹ. מִשֶּׁקִּיבֵּל עָלָיו אֵינוֹ יָכוֹל לַחֲזוֹר בּוֹ. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר. אַף מִשֶּׁקִּיבֵּל עָלָיו יָכוֹל לַחֲזוֹר בּוֹ. דּוּ יְכִיל מֵימַר לֵיהּ. אִינּוּן אָזְלִין וְאַתְיָין לְהָכָא בְּעַיִין לָךְ וְלָא מַשְׁכְּחִין לָךְ וּמַרְבִּין עָלֵינוּ הַדֶּרֶךְ. רִבִּי חֲנִינָה וְרִבִּי מָנָא. חַד אָמַר. מָהוּ לִשְׁכֵינוֹ. מִישְׁרִיתֵיהּ גַּו דִּרָתֵיהּ. מִשֶּׁקִּיבֵּל עָלָיו אֵין יָכוֹל לַחֲזוֹר בּוֹ. רַב הוּנָא אָמַר. מָהוּ לִשְׁכֵינוֹ. מִיפְתַּח לֵיהּ חֲנוּת. מִשֶּׁקִּיבֵּל עָלָיו אֵין יָכוֹל לַחֲזוֹר בּוֹ. אַתְיָיא דְּרַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל כְּרִבִּי מֵאִיר. דְּתַנִּינָן תַּמָּן. וְעַל כּוּלָּן אָמַר רִבִּי מֵאִיר. אַף עַל פִּי שֶׁהִתְנָה עִמָּהּ יְכוֹלָה הִיא שֶׁתֹּאמַר. סְבוּרָה הָיִיתִי שֶׁאֲנִי יְכוֹלָה לְקַבֵּל וְעַכְשָׁיו אֵינִי יְכוֹלָה.
It was stated50Different texts are in Tosephta 1:4, Babli 21b.: About his neighbor he may change his mind. Once he accepted it he can no longer change his mind51There are situations where one of the co-owners of the courtyard has lost his veto power even if the troublesome store was new. The question to be discussed is, what means “accepted”? If a new owner does not immediately complain, this certainly does not make him lose his right.. Rabban Simeon ben Gamliel says, even after he accepted it, he can change his mind, for he can tell him, they come and go here, they are looking for you and do not find you, and they increase traffic here52For him the veto power over a new enterprise in the courtyard remains valid if he can prove actual impairment of his quality of life by the new store.. Rebbi Ḥanina and Rebbi Mana, one said, what is “his neighbor”? He let him live in his house53Nobody can complain about his own tenant.. Once he accepted it he can no longer change his mind. Rav Huna54This should be: “the other”, אוחרי. said, one said, what is “his neighbor”? He opened a store for him55He holds that an owner can annul a lease if the tenant causes him problems. But if he modified his building for the new tenant’s business, he cannot complain.. Once he accepted it he can no longer change his mind. Rabban Simeon ben Gamliel parallels Rebbi Meïr, as we have stated there56Mishnah Ketubot 7:11, Note 163. A woman was informed of bodily defects of her prospective husband before her marriage. The majority hold that once married, she cannot ask the court to force a divorce because of the husband’s defects. R. Meїr disagrees as explained in the text.: “For all of these says Rebbi Meїr that, even if he contracted with her, she can say ‘I thought that I could stand it, now I cannot.’ ”
It was stated50Different texts are in Tosephta 1:4, Babli 21b.: About his neighbor he may change his mind. Once he accepted it he can no longer change his mind51There are situations where one of the co-owners of the courtyard has lost his veto power even if the troublesome store was new. The question to be discussed is, what means “accepted”? If a new owner does not immediately complain, this certainly does not make him lose his right.. Rabban Simeon ben Gamliel says, even after he accepted it, he can change his mind, for he can tell him, they come and go here, they are looking for you and do not find you, and they increase traffic here52For him the veto power over a new enterprise in the courtyard remains valid if he can prove actual impairment of his quality of life by the new store.. Rebbi Ḥanina and Rebbi Mana, one said, what is “his neighbor”? He let him live in his house53Nobody can complain about his own tenant.. Once he accepted it he can no longer change his mind. Rav Huna54This should be: “the other”, אוחרי. said, one said, what is “his neighbor”? He opened a store for him55He holds that an owner can annul a lease if the tenant causes him problems. But if he modified his building for the new tenant’s business, he cannot complain.. Once he accepted it he can no longer change his mind. Rabban Simeon ben Gamliel parallels Rebbi Meïr, as we have stated there56Mishnah Ketubot 7:11, Note 163. A woman was informed of bodily defects of her prospective husband before her marriage. The majority hold that once married, she cannot ask the court to force a divorce because of the husband’s defects. R. Meїr disagrees as explained in the text.: “For all of these says Rebbi Meїr that, even if he contracted with her, she can say ‘I thought that I could stand it, now I cannot.’ ”
אֲבָל אֵינוֹ יָכוֹל לְמַחוֹת וְלוֹמַר לוֹ. אֵינִי יָכוֹל לִישַׁן מִקּוֹל הַפַּטִּישׁ וְלֹא מִקּוֹל הָרֵחַיִּם אוֹ מִקּוֹל הַתִּינוֹקוֹת. אִילֵּין דְּמַלְפִּין טַלַּיָיא וְאִילֵּין דְּעָבְדִין מסוגין אִילֵּין לְאִילֵּין יָכְלִין חַבְירֵהוֹן לְמִימְחֵי בִּידֵהוֹן. דּוּ יְכִיל מֵימַר לֵיהּ. אִינּוּן אָזְלִין וְאַתְיָין בָּעֵיי לָךְ וְלָא מַשְׁכְּחִין יָתָךְ וְהֵן מַרְבִּין עָלֵינוּ אֶת הַדֶּרֶךְ. אִילֵּין צִיפּוֹרָאֵי מַמְחִין אִילֵּין לְאִילֵּין מְסַמְּרֵיה דִנְוָולַיָּה. הוֹרֵי רִבִּי אַבִּימֵי בַּר טוֹבִי מִיתֵּן חַד נְוָול בֵּין כּוֹתֶל לְכוֹתֶל. הוֹרֵי רִבִּי יִצְחָק בַּר חֲקוּלָה מְרַחֲקַת אִילֵּין מָרוּשְׁתִּיַּה מִכּוֹתְלָא ד̇ אַמּוֹת. אָמַר רִבִּי יוֹסֵי בֵּירִבִּי בּוּן. אִילֵּין עָמוּדַיָּא דְרַכִּינִין מִכּוֹח קִרְייֹת אִינּוּן רַכִּינִין. שׁוּרָא דְחָמְץְ מִן קָל גִּורֵי פַרְסַיָיא נְפַל.
“Nobody may object and tell him, I cannot sleep because of the noise of the hammer, or because of the noise of a grindstone, or because of the noise of children.” Those who teach boys and those who feed one another, their fellows may object to what they are doing57The Mishnah notwithstanding there can be only one (one-room) school in a residential courtyard, and only one restaurant., for he can tell him, they come and go here, they are looking for you and do not find you, and they increase traffic here58This text is copied from the previous paragraph; it neither fits in grammar (number) nor in argument.. Those Sepphoreans can object to one another for nailing down their looms59Since the periodic concussions of the air will weaken the walls.. Rebbi Abime bar Tobi instructed to put one loom between two walls60In a residential area there can be no more than one loom to a room.. Rebbi Isaac bar Ḥaqula distanced a saw-horse four cubits from the wall61Again to prevent the wall from being damaged by the noise caused by sawing.. Rebbi Yose ben Abun said, those pillars which are weakened are weakened because of the force of shouts. The wall of Ḥoms fell before the noise of the Persians’ arrows62,Reading גירי “arrows” for גורי “lion whelps”.63In Sapor I’s invasion of Syria..
“Nobody may object and tell him, I cannot sleep because of the noise of the hammer, or because of the noise of a grindstone, or because of the noise of children.” Those who teach boys and those who feed one another, their fellows may object to what they are doing57The Mishnah notwithstanding there can be only one (one-room) school in a residential courtyard, and only one restaurant., for he can tell him, they come and go here, they are looking for you and do not find you, and they increase traffic here58This text is copied from the previous paragraph; it neither fits in grammar (number) nor in argument.. Those Sepphoreans can object to one another for nailing down their looms59Since the periodic concussions of the air will weaken the walls.. Rebbi Abime bar Tobi instructed to put one loom between two walls60In a residential area there can be no more than one loom to a room.. Rebbi Isaac bar Ḥaqula distanced a saw-horse four cubits from the wall61Again to prevent the wall from being damaged by the noise caused by sawing.. Rebbi Yose ben Abun said, those pillars which are weakened are weakened because of the force of shouts. The wall of Ḥoms fell before the noise of the Persians’ arrows62,Reading גירי “arrows” for גורי “lion whelps”.63In Sapor I’s invasion of Syria..