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10:5:1

משנה: מִי שֶׁהָיָה כוֹתְלוֹ סָמוּךְ לְגִינַּת חֲבֵירוֹ וְנָפַל וְאָמַר לוֹ פַּנֵּה אֲבָנֶיךָ וְאָמַר לוֹ הִגִּיעוּךָ אֵין שׁוֹמְעִין לוֹ. מִשֶׁקִיבֵּל עָלָיו אָמַר לוֹ הֵילָךְ אֶת יְצִיאוֹתֶיךָ וַאֲנִי נוֹטֵל אֶת שֶׁלִּי אֵין שׁוֹמְעִין לוֹ. הַשּׂוֹכֵר אֶת הַפּוֹעֵל לַעֲשׂוֹת עִמּוֹ בַּתֶּבֶן וּבַקַּשׁ אָמַר לוֹ תֶּן לִי אֶת שְׂכָרִי אָמַר לוֹ טוֹל מַה שֶׁעָשִׂיתָה בִּשְׂכָרְךָ אֵין שׁוֹמְעִין לוֹ. מִשֶׁקִיבֵּל עָלָיו אָמַר לוֹ הֵילָךְ שְׂכָרְךָ וַאֲנִי נוֹטֵל אֶת שֶׁלִּי אֵין שׁוֹמְעִין לוֹ. הַמּוֹצִיא זִבְלוֹ לִרְשׁוּת הָרַבִּים הַמּוֹצִיא מוֹצִיא וְהַמְזַבֵּל מְזַבֵּל. אֵין שׁוֹרִין טִיט בִּרְשׁוּת הָרַבִּים וְאֵין לוֹבְנִין לְבֵינִים אֲבָל גּוֹבְלִין טִיט בִּרְשׁוּת הָרַבִּים אֲבָל לֹא לִלְבֵינִים. הַבּוֹנֶה בִרְשׁוּת הָרַבִּים וְהַמֵּבִיא אֲבָנִים הַמֵּבִיא מֵבִיא וְהַבּוֹנֶה בּוֹנֶה. וְאִם הִזִּיק מְשַׁלֵּם מַה שֶׁהִזִּיק. רִבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר אַף מְתַקֵּן הוּא אֶת מְלַאכְתּוֹ לִפְנֵי שְׁלֹשִׁים יוֹם.

MISHNAH: Somebody’s wall bordering on another’s vegetable garden collapsed. That one told him, remove your stones; if he said, they are yours43If the neighbor pays for the removal of the building material, it is his., one44The court will not accept the proposition; the opposing party can force a judgment for their claim. does not listen to him. If after the other had accepted, he told him: here are your expenses and I shall take what is mine, one does not listen to him.
Somebody hired a worker to work on straw and chaff. When he said to him, pay me my wages, he answered, take what you worked on as your wages, one does not listen to him. If after the other45The worker. had accepted, he told him: here are your wages and I shall take what is mine, one does not listen to him44The court will not accept the proposition; the opposing party can force a judgment for their claim..
If somebody brought his manure into the public domain, he who brings, brings, and he who uses it to manure, manures46Temporary use of the public domain for agricultural purposes is permitted but care must be taken that the time in which the public domain is used to deposit potentially dangerous material is reduced to the absolute minimum.. One does not soak loam in the public domain47Which takes a long time. nor does one form bricks; one kneads loam in the public domain48If a wall is built bordering on the public domain it is permissible to knead mortar for immediate use on the wall. but not bricks. If somebody builds in the public domain and somebody brings stones; he who brings, brings, and he who builds, builds49Again, the time in which the public domain is used to deposit potentially dangerous material must be reduced to the absolute minimum.; but if he caused damage, he pays for what he damaged. Rabban Simeon ben Gamliel says, also he has to prepare his work 30 days in advance.50No building permit should be given without a plan to hold the use of public domain for private purposes to a minimum.

MISHNAH: Somebody’s wall bordering on another’s vegetable garden collapsed. That one told him, remove your stones; if he said, they are yours43If the neighbor pays for the removal of the building material, it is his., one44The court will not accept the proposition; the opposing party can force a judgment for their claim. does not listen to him. If after the other had accepted, he told him: here are your expenses and I shall take what is mine, one does not listen to him.
Somebody hired a worker to work on straw and chaff. When he said to him, pay me my wages, he answered, take what you worked on as your wages, one does not listen to him. If after the other45The worker. had accepted, he told him: here are your wages and I shall take what is mine, one does not listen to him44The court will not accept the proposition; the opposing party can force a judgment for their claim..
If somebody brought his manure into the public domain, he who brings, brings, and he who uses it to manure, manures46Temporary use of the public domain for agricultural purposes is permitted but care must be taken that the time in which the public domain is used to deposit potentially dangerous material is reduced to the absolute minimum.. One does not soak loam in the public domain47Which takes a long time. nor does one form bricks; one kneads loam in the public domain48If a wall is built bordering on the public domain it is permissible to knead mortar for immediate use on the wall. but not bricks. If somebody builds in the public domain and somebody brings stones; he who brings, brings, and he who builds, builds49Again, the time in which the public domain is used to deposit potentially dangerous material must be reduced to the absolute minimum.; but if he caused damage, he pays for what he damaged. Rabban Simeon ben Gamliel says, also he has to prepare his work 30 days in advance.50No building permit should be given without a plan to hold the use of public domain for private purposes to a minimum.

10:5:2

הלכה: הַמּוֹצִיא זִבְלוֹ כול׳. תַּנֵּי. פּוֹרֵק אָדָם זִבְלוֹ בְפֶתַח חֲצֵירוֹ בִּרְשׁוּת הָרַבִּים לְפַנּוֹתוֹ מִיַּד. אֲבַל לַשְׁהוֹתוֹ אָסוּר. בָּא אֶחָד וְהוּזָּק הֲרֵי זֶה חַיָיב. רִבִּי יוּדָה אוֹמֵר. בְּשָׁעַת הַזְּבָלִים פּוֹרֵק אָדָם זִבְלוֹ בְפֶתַח חֲצֵירוֹ בִּרְשׁוּת הָרַבִּים כְּדֵי שֶׁיִּתְפָּרֵךְ בְּרַגְלֵי אָדָם וּבְהֵמָה ל̇ יוֹם. שֶׁעַל מְנָת כֵּן הִנְחִיל יְהוֹשֻׁעַ לְיִשְׂרָאֵל אֶת הָאָרֶץ. פּוֹרֵק אָדָם עַפְרוֹ בְפֶתַח חֲצֵירוֹ בִּרְשׁוּת הָרַבִּים לִשְׁרוֹתוֹ וּלְהַעֲלוֹתוֹ עַל גַּבֵּי דִּימוֹס מִיַּד. לַשְׁהוֹתוֹ אָסוּר. בָּא אַחֵר וְהוּזָּק בּוֹ חַיָיב. לֹא יְהֵא גוֹבֵל בְּצַד זֶה [וּבוֹנֶה בְצַד זֶה] אֶלָּא בְמָקוֹם שֶׁבּוֹנֵהוּ. פּוֹרֵק אָדָם אֲבָנָיו בְפֶתַח חֲצֵירוֹ בִּרְשׁוּת הָרַבִּים לְפַנּוֹתָן מִיַּד. לַשְׁהוֹתָן אָסוּר. בָּא אַחֵר וְהוּזָּק בָּהֶן חַיָיב. מָסָר הַחוֹצֵב לַגַּמָּל הַגַּמָּל חַיָיב. גַּמָּל לַסַּתָּת הַסַּתָּת חַיָיב. סַתָּת לַסַּבָּל הַסַּבָּל חַיָיב. הֶעֱלָה עַל גַּבֵּי בִימוֹס וְהָיָה מְפַקְפֵּק בָּהּ וְנָפְלָה הָאַרְדִּכַל חַיָיב. מְסָרָהּ (הַסַּתָּת לַסַּבָּל) [הַחַצָּב לַסַּתָּת] וְהוּזַּק בֵּין בְּסִיתּוּת בֵּין בָּאֶבֶן הַסַּתָּת חַיָיב. הַסַּתָּת לַסַּבָּל וְהוּזַּק בְּסִיתּוּת הַסַּתָּת חַיָיב. בָּאֶבֶן הַסַּבָּל חַיָיב. עָלְתָה וְיָשְׁבָה בְדִימוֹס וְנָפְלָה פָטוּר.

HALAKHAH: “Somebody who brought his manure,” etc. It was stated: 54Tosephta 11:8, Babli 118b, Bava qamma 81b..”A person may unload his manure at his courtyard door in the public domain in order immediately to remove it. But it is forbidden to leave it there. If another person was injured by it, he is liable. Rebbi Jehudah says, at the time of carrying out manure55A month before ordinarily the fields have to be manured. a person may unload his manure at his courtyard door in the public domain for it to be broken down by the feet of people and animals for 30 days, for on this condition did Joshua distribute the Land to Israel.56For other authorized private uses of public or other people’s properties, cf. Bava batra 5:1 Notes 16 ff.” 57Tosephta 11:6.“A person may unload his dust at his courtyard door in the public domain in order immediately to mix it with water58To make mortar. and to bring it to the row of stones; it is forbidden to leave it there. If another person was injured by it, he is liable. He should not knead on one side [and build on the other]51Missing in L, added from E, confirmed by the Tosephta. but on the side where he is building.” 59Tosephta 11:5; Babli 118b.“A person may unload his stones at his courtyard door in the public domain in order immediately to remove them; it is forbidden to leave them there. If another person was injured by them, he is liable. If the quarryman delivered to the camel driver, the camel driver is liable. The camel driver to the stone-mason, the stone-mason is liable. The stone-mason to the porter, the porter is liable. It it was brought up to scaffolding60Greek βωμός., it was wobbly there and fell, the master-mason is liable. If the (stone-mason)52Reading of L, erroneously copied from the next sentence. [quarryman]53Reading of E, confirmed by the Tosephta. handed it to the (porter)52Reading of L, erroneously copied from the next sentence. [stone mason]53Reading of E, confirmed by the Tosephta. and somebody was injured either by splinters or the stone, the stone-mason is liable. The stone-mason to the porter and he61A third party. was injured by a splinter, the stone-mason is liable. By the stone, the porter is liable. If it was delivered, settled in the row62Greek δόμος “building; rows of stones or bricks in a building”; cf. Berakhot 2:5, Note 226., and fell, he is not liable34Since it was an unforseeable accident..”

HALAKHAH: “Somebody who brought his manure,” etc. It was stated: 54Tosephta 11:8, Babli 118b, Bava qamma 81b..”A person may unload his manure at his courtyard door in the public domain in order immediately to remove it. But it is forbidden to leave it there. If another person was injured by it, he is liable. Rebbi Jehudah says, at the time of carrying out manure55A month before ordinarily the fields have to be manured. a person may unload his manure at his courtyard door in the public domain for it to be broken down by the feet of people and animals for 30 days, for on this condition did Joshua distribute the Land to Israel.56For other authorized private uses of public or other people’s properties, cf. Bava batra 5:1 Notes 16 ff.” 57Tosephta 11:6.“A person may unload his dust at his courtyard door in the public domain in order immediately to mix it with water58To make mortar. and to bring it to the row of stones; it is forbidden to leave it there. If another person was injured by it, he is liable. He should not knead on one side [and build on the other]51Missing in L, added from E, confirmed by the Tosephta. but on the side where he is building.” 59Tosephta 11:5; Babli 118b.“A person may unload his stones at his courtyard door in the public domain in order immediately to remove them; it is forbidden to leave them there. If another person was injured by them, he is liable. If the quarryman delivered to the camel driver, the camel driver is liable. The camel driver to the stone-mason, the stone-mason is liable. The stone-mason to the porter, the porter is liable. It it was brought up to scaffolding60Greek βωμός., it was wobbly there and fell, the master-mason is liable. If the (stone-mason)52Reading of L, erroneously copied from the next sentence. [quarryman]53Reading of E, confirmed by the Tosephta. handed it to the (porter)52Reading of L, erroneously copied from the next sentence. [stone mason]53Reading of E, confirmed by the Tosephta. and somebody was injured either by splinters or the stone, the stone-mason is liable. The stone-mason to the porter and he61A third party. was injured by a splinter, the stone-mason is liable. By the stone, the porter is liable. If it was delivered, settled in the row62Greek δόμος “building; rows of stones or bricks in a building”; cf. Berakhot 2:5, Note 226., and fell, he is not liable34Since it was an unforseeable accident..”

Texts

  • Hebrew: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY
  • English: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY

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