Talmud Yerushalmi
Yerushalmi Kilayim 4:5 ירושלמי כלאים ד׳:ה׳
Part of: Chapter 4
Reading: Hebrew · Simple EnglishHebrew · Faithful translationHebrew onlyHebrew · Simple EnglishHebrew · Faithful translationHebrew onlySimple English onlyFaithful translation onlySide by side
משנה: הַנּוֹטֵעַ שׁוּרָה אַחַת בְּתוֹךְ שֶׁלּוֹ וְשׁוּרָה אַחַת בְּתוֹךְ שֶׁל חֲבֵירוֹ וְדֶרֶךְ הַיָּחִיד וְדֶרֶךְ הָרַבִּים בְּאֶמְצַע וְגֶדֶר שֶׁהוּא נָמוּךְ מֵעֲשָׂרָה טְפָחִים הֲרֵי אֵילּוּ מִצְטָרְפִין. גָּבוֹהַּ מֵעֲשָׂרָה טְפָחִים אֵינָן מִצְטָרְפוֹת. רִבִּי יְהוּדָה אוֹמֵר אִם עִרְסָן מִלְּמַעֲלָן הְרֵי אֵילּוּ מִצְטָרְפוֹת.
MISHNAH: If somebody plants one row on his own property and another row is on his neighbor’s property112The two rows have two different owners but if they are less than eight cubits apart and not separated by a wall at least ten hand-breadths high, they look like one vineyard and are treated as such. No sowing is permitted within four cubits of any vine., and a private or a public road113A public access path less than 8 cubits wide; cf. Peah Chapter 2, Note 4. or a fence lower than ten hand-breadths are between them, they are counted together; if it is higher than ten hand-breadths, they are not counted together. Rebbi Jehudah says, if he lined them up on a common trellis, they are counted together114Even over the wall. In Peah 2:3, even the rest of the Sages agree that a wall does not separate for peah if the crowns of the trees are intermeshed over the wall. However, peah is determined by the crowns of the trees which are the places of the fruits, but kilaim by the stems that control the growth of the trees. This is the interpretation of all old commentators except Maimonides who translates “if he intermeshed them on top”; cf. Chapter Six, Note 1..
MISHNAH: If somebody plants one row on his own property and another row is on his neighbor’s property112The two rows have two different owners but if they are less than eight cubits apart and not separated by a wall at least ten hand-breadths high, they look like one vineyard and are treated as such. No sowing is permitted within four cubits of any vine., and a private or a public road113A public access path less than 8 cubits wide; cf. Peah Chapter 2, Note 4. or a fence lower than ten hand-breadths are between them, they are counted together; if it is higher than ten hand-breadths, they are not counted together. Rebbi Jehudah says, if he lined them up on a common trellis, they are counted together114Even over the wall. In Peah 2:3, even the rest of the Sages agree that a wall does not separate for peah if the crowns of the trees are intermeshed over the wall. However, peah is determined by the crowns of the trees which are the places of the fruits, but kilaim by the stems that control the growth of the trees. This is the interpretation of all old commentators except Maimonides who translates “if he intermeshed them on top”; cf. Chapter Six, Note 1..
הלכה: רִבִּי אַחַי בָּעֵי לֵית הָדָא פְלִיגָא עַל רִבִּי שִׁמְעוֹן דְּרִבִּי שִׁמְעוֹן אָמַר אֵין אָדָם מַקְדִּישׁ דָּבָר שֶׁאֵינוֹ שֶׁלּוֹ. תַּמָּן אֵין אָדָם מַקְדִּישׁ דָּבָר שֶׁאֵינוֹ שֶׁלּוֹ. בְּרַם הָכָא שֶׁלּוֹ וְשֶׁל חֲבֵירוֹ מִצְטָרְפִין לֶאֱסוֹר אֶת הָאֶמְצָעִי. רִבִּי מָנָא לֹא אָמַר כֵּן אֶלָּא לֹא כֵן אָמַר רִבִּי שְׁמוּאֵל בְּשֵׁם רִבִּי זְעִירָא רִבִּי שִׁמְעוֹן כְּדַעְתֵּיהּ כְּמַה דְרִבִּי שִׁמְעוֹן אָמַר אֵין אָדָם מַקְדִּישׁ דָּבָר שֶׁאֵינוֹ שֶׁלּוֹ כֵּן הוּא אָמַר אֵין אָדָם חוֹבֵשׁ דָּבָר שֶׁאֵינוֹ שֶׁלּוֹ. תַּמָּן אֵין אָדָם מַקְדִּישׁ דָּבָר שֶׁאֵינוֹ שֶׁלּוֹ. בְּרַם הָכָא שֶׁלּוֹ וְשֶׁל חֲבֵירוֹ מִצְטָרְפִין לֶאֱסוֹר אֶת הָאֶמְצָעִי.
HALAKHAH: Rebbi Aḥai said, does this not disagree with Rebbi Simeon, for Rebbi Simeon said, nobody can sanctify property that is not his own115R. Simeon’s statement is in Mishnah 7:4: “Somebody who draws his vine over another person’s grain sanctifies the latter and has to pay for it. R. Simeon and R. Yose say, nobody can sanctify property that is not his own.” Cf. also Halakhah 2:7.? There, he said that nobody can sanctify property that is not his own, but here, his and his neighbor’s property are counted together to forbid the ground in the middle116Since both rows were planted legally, they together forbid anything to be sown between them.. Rebbi Mana did not say so, but did not Rebbi Samuel say in the name of Rebbi Zeïra: Rebbi Simeon follows his own opinion; just as Rebbi Simeon said that nobody can sanctify property that is not his own, so he said that nobody can jail property that is not his own117I. e., make it forbidden to be used. The original meaning of “jailing” is given in Halakhah 2:7; here it is taken in a wider sense. The implication is that if somebody planted vines illegally, encroaching on his neighbor’s estate, the neighbor could sow as much as he wanted on his side of the ground between the vines and his border., but here, his and his neighbor’s property are counted together to forbid the ground in the middle.
HALAKHAH: Rebbi Aḥai said, does this not disagree with Rebbi Simeon, for Rebbi Simeon said, nobody can sanctify property that is not his own115R. Simeon’s statement is in Mishnah 7:4: “Somebody who draws his vine over another person’s grain sanctifies the latter and has to pay for it. R. Simeon and R. Yose say, nobody can sanctify property that is not his own.” Cf. also Halakhah 2:7.? There, he said that nobody can sanctify property that is not his own, but here, his and his neighbor’s property are counted together to forbid the ground in the middle116Since both rows were planted legally, they together forbid anything to be sown between them.. Rebbi Mana did not say so, but did not Rebbi Samuel say in the name of Rebbi Zeïra: Rebbi Simeon follows his own opinion; just as Rebbi Simeon said that nobody can sanctify property that is not his own, so he said that nobody can jail property that is not his own117I. e., make it forbidden to be used. The original meaning of “jailing” is given in Halakhah 2:7; here it is taken in a wider sense. The implication is that if somebody planted vines illegally, encroaching on his neighbor’s estate, the neighbor could sow as much as he wanted on his side of the ground between the vines and his border., but here, his and his neighbor’s property are counted together to forbid the ground in the middle.