Talmud Yerushalmi
Yerushalmi Kilayim 7:1 ירושלמי כלאים ז׳:א׳
Part of: Chapter 7
Reading: Hebrew · Simple EnglishHebrew · Faithful translationHebrew onlyHebrew · Simple EnglishHebrew · Faithful translationHebrew onlySimple English onlyFaithful translation onlySide by side
משנה: הַמַּבְרִיךְ אֶת הַגֶּפֶן בָּאָרֶץ אִם אֵין עָפָר עַל גַּבָּהּ שְׁלֹֹֹֹֹֹֹשָׁה טְפָחִים לֹא יָבִיא זֶרַע עָלֶיהָ אֲפִילוּ הִבְרִיכָהּ בִּדְלַעַת אוֹ בְסִילוֹן. הִבְרִיכָהּ בְּסֶלַע אַף עַל פִּי שֶׁאֵין עָפָר עַל גַּבָּהּ אֶלָּא שָׁלֹשׁ אֶצְבָּעוֹת מוּתָּר לְהָבִיא זֶרַע עָלֶיהָ. הָאַרְכּוּבָה שֶׁבְּגֶפֶן אֵין מוֹדְדִין אֶלָּא מֵעִיקָּר הַשֵּׁנִי.
MISHNAH: If one sinks1He takes a branch of a vine, bends it down into a ditch, covers the ditch with earth, and lets it come out again. Then the branch will grow roots in the earth and one has a new vine. a vine into the ground he should not bring seeds over it unless there are three hand-breadths of earth above it, even if he sank it in a gourd2A dried-up gourd used as ditch. or in a pipe3A wooden or clay pipe.. If he sank it in a rock4It cannot really be a rock but must be ground hard as rock. it is permitted to bring seeds there even if it is covered only by three fingers’5A finger is one fourth of a hand-breadth. depth of earth. For a knee-shaped vine one measures only from the second stem6If a vine is bent back while growing and enters the ground again in a kind of natural sinking, the six hand-breadths for its working space are measured only from the point where it reappears above ground. (R. Simson explains: “a grafted vine” but this does not fit either language or context.).
MISHNAH: If one sinks1He takes a branch of a vine, bends it down into a ditch, covers the ditch with earth, and lets it come out again. Then the branch will grow roots in the earth and one has a new vine. a vine into the ground he should not bring seeds over it unless there are three hand-breadths of earth above it, even if he sank it in a gourd2A dried-up gourd used as ditch. or in a pipe3A wooden or clay pipe.. If he sank it in a rock4It cannot really be a rock but must be ground hard as rock. it is permitted to bring seeds there even if it is covered only by three fingers’5A finger is one fourth of a hand-breadth. depth of earth. For a knee-shaped vine one measures only from the second stem6If a vine is bent back while growing and enters the ground again in a kind of natural sinking, the six hand-breadths for its working space are measured only from the point where it reappears above ground. (R. Simson explains: “a grafted vine” but this does not fit either language or context.).
הלכה: לֹא יָבִיא זֶרַע עָלֶיהָ הָא מִן הַצַּד מוּתָּר. מַה נָן קַיָימִין אִי מִשֵּׁם זְרָעִים בְּאִילָן לָמָּה לִי גֶפֶן אֲפִילוּ שְׁאָר כָּל הָאִילָן. אִי מִשּׁוּם עֲבוֹדָה נִיתְנִי שִׁשָּׁה. אֶלָּא כְרִבִּי עֲקִיבָה דְּרִבִּי עֲקִיבָה אָמַר שְלֹשָׁה. אִין כְרִבִּי עֲקִיבָה אֲפִילוּ מִן הַצַּד נִיתְנִי שְׁלֹשָׁה. רִבִי יִרְמְיָה בְשֵׁם רִבִּי חִיָיא בַּר אַבָּא מִשֻּׁם זְרָעִים עַל גַּבֵּי הַגֶּפֶן.
HALAKHAH: “He should not bring seeds over it,” therefore it is permitted on the side7In the Babli, Baba Batra 19b, this is stated as a baraita.. What are we dealing with? If it is because of seeds in a tree, why are we dealing with a vine and not any tree? If it is because of working space, they should mention six8The Mishnah should state that six hand-breadths on each side of the buried shoot are forbidden as working space, or at least three handbreadths following Rebbi Aqiba (Mishnah 6:1).. It might follow Rebbi Aqiba since Rebbi Aqiba says three. If it were following Rebbi Aqiba, it should mention three on the side. Rebbi Jeremiah in the name of Rebbi Ḥiyya bar Abba: It is because of seeds on top of a vine9This confirms the original statement that the only forbidden space is on top of the buried shoot..
HALAKHAH: “He should not bring seeds over it,” therefore it is permitted on the side7In the Babli, Baba Batra 19b, this is stated as a baraita.. What are we dealing with? If it is because of seeds in a tree, why are we dealing with a vine and not any tree? If it is because of working space, they should mention six8The Mishnah should state that six hand-breadths on each side of the buried shoot are forbidden as working space, or at least three handbreadths following Rebbi Aqiba (Mishnah 6:1).. It might follow Rebbi Aqiba since Rebbi Aqiba says three. If it were following Rebbi Aqiba, it should mention three on the side. Rebbi Jeremiah in the name of Rebbi Ḥiyya bar Abba: It is because of seeds on top of a vine9This confirms the original statement that the only forbidden space is on top of the buried shoot..
תַּמָּן תַּנִּינָן מַרְחִיקִין אֶת הַזְּרָעִים וְאֶת הַמַּחֲרֵישָׁה וְאֶת מֵי רַגְלַיִם מִן הַכּוֹתֶל שְׁלֹֹשָׁה טְפָחִים. רִבִּי יִרְמְיָה אָמַר רִבִּי חָמָא בַּר עוּקְבָּא מַקְשֵׁי תַּמָּן אַתְּ אָמַר אֵין הַשָּׁרָשִׁין מְהַלְּכִין מִן הַצַּד. וְהָכָא אַתְּ אָמַר הַשָּׁרָשִׁין מְהַלְּכִין מִן הַצַּד. אָמַר רִבִּי יוֹסֵי כָאן וְכָאן אֵין הַשָּׁרָשִׁין מְהַלְּכִין מִן הַצַּד. אֶלָּא שֶׁהֵן עוֹשִׂין עָפָר תִּחוּחַ וְהֵן מַלְקִין אַרְעִיתוֹ שֶׁל כּוֹתֶל. תֵּדַע לָךְ שֶׁהוּא כֵן דְּתַנִּינָן תַּמָּן מֵי רַגְלַיִם. וּמֵי רַגְלַיִם מְהַלְּכִין מִן הַצַּד. הָתִיב רִבִּי יוֹסֵי בֵּירִבִּי בּוּן וְהָתַנִּינָן מַחֲרֵישָׁה. אִית לָךְ מֵימַר מַחֲרֵישָׁה מְהַלֶּכֶת מִן הַצַּד.
There10Mishnah Baba Batra 2:1. The adobe wall is either common property of the landlord and his neighbor or totally the neighbor’s; the landlord is required to take all necessary precautions to avoid damage to his fellow man’s property., we have stated: “One keeps seeds, the plough, and urine three hand-breadths away from a wall.” Rebbi Jeremiah said that Rebbi Ḥama bar Uqba raised a question: There11“There” means Kilaim and “here” refers to Baba Batra. It is possible that this paragraph is copied here from a Tiberian version of Baba Batra that has not come down to us. In the transmitted Caesarean version of Baba Batra (2:1, fol. 13b), the statement of R. Yose refers to the prohibition of storing salt or quick lime near somebody else’s wall. R. Simson reads “here” for “there” but it is not clear whether this is a genuine reading or an adaptation for the purposes of his commentary.
The argument is that crop plants are allowed to be grown near a buried vine; their roots are not supposed to expand over the buried shoot, but since they are not allowed to be grown near a wall, one expects their roots to expand sideways and damage the wall., you say that the roots do not expand sideways and here you say, the roots do expand sideways! Rebbi Yose said, in both cases the roots do not expand sideways but they create soft earth and undermine the base of the wall12In Babli Baba Batra 19b, the printed editions quote the statement of R. Yose as “R. Ḥaga in the name of R. Yose.” This version is impossible since R. Ḥaga (Ḥaggai) was older than R. Yose and a greater authority in his lifetime. One has to prefer the reading of all mss. (Diqduqe Soferim Baba Bathra p. מה) “R. Ḥana”. In that case, “R. Yose” would probably be R. Yasa (Assi).. You can see that because we also stated “urine”. Does urine expand sideways? Rebbi Yose the son of Rebbi Abun explained, did we not also state “the plough”? Does the plough expand sideways?
There10Mishnah Baba Batra 2:1. The adobe wall is either common property of the landlord and his neighbor or totally the neighbor’s; the landlord is required to take all necessary precautions to avoid damage to his fellow man’s property., we have stated: “One keeps seeds, the plough, and urine three hand-breadths away from a wall.” Rebbi Jeremiah said that Rebbi Ḥama bar Uqba raised a question: There11“There” means Kilaim and “here” refers to Baba Batra. It is possible that this paragraph is copied here from a Tiberian version of Baba Batra that has not come down to us. In the transmitted Caesarean version of Baba Batra (2:1, fol. 13b), the statement of R. Yose refers to the prohibition of storing salt or quick lime near somebody else’s wall. R. Simson reads “here” for “there” but it is not clear whether this is a genuine reading or an adaptation for the purposes of his commentary.
The argument is that crop plants are allowed to be grown near a buried vine; their roots are not supposed to expand over the buried shoot, but since they are not allowed to be grown near a wall, one expects their roots to expand sideways and damage the wall., you say that the roots do not expand sideways and here you say, the roots do expand sideways! Rebbi Yose said, in both cases the roots do not expand sideways but they create soft earth and undermine the base of the wall12In Babli Baba Batra 19b, the printed editions quote the statement of R. Yose as “R. Ḥaga in the name of R. Yose.” This version is impossible since R. Ḥaga (Ḥaggai) was older than R. Yose and a greater authority in his lifetime. One has to prefer the reading of all mss. (Diqduqe Soferim Baba Bathra p. מה) “R. Ḥana”. In that case, “R. Yose” would probably be R. Yasa (Assi).. You can see that because we also stated “urine”. Does urine expand sideways? Rebbi Yose the son of Rebbi Abun explained, did we not also state “the plough”? Does the plough expand sideways?
אֲפִילוּ הִבְרִיכָהּ בִּדְלַעַת אוֹ בְסִילוֹן. הָדָא דְתֵימָר בְּסִילוֹן שֶׁל חֶרֶס אֲבָל בְּסִילוֹן שֶׁל אֵבֶר אֵינוֹ צָרִיךְ עַד שֶׁיְּהֵא שָׁם שְׁלֹשָׁה טְפָחִים עָפָר מִלְּמַעֲלָן.
“Even if he sank it in a gourd or in a pipe.” That means, in a clay pipe; but in a lead pipe it does not need three hand-breadths of earth on top.
“Even if he sank it in a gourd or in a pipe.” That means, in a clay pipe; but in a lead pipe it does not need three hand-breadths of earth on top.
הִבְרִיכָהּ בְּסֶלַע הָדָא דְתֵימָר בְּהָדֵין צַלְמָא בְּרַם בְּהָדֵין רְכִיכָה מִתְפַּתְפֵּת הוּא.
“If he sank it in a rock.” That means, in hard [earth], but in soft [earth] it cleaves13R. Simson reads מתפתחת “it [the root] can develop”. it.
“If he sank it in a rock.” That means, in hard [earth], but in soft [earth] it cleaves13R. Simson reads מתפתחת “it [the root] can develop”. it.
וְהַאי כְּשֶׁאֵין הָרִאשׁוֹן נִרְאֵית אֵבָל אִם הָיָה הָרִאשׁוֹן נִרְאֶה נוֹתֵן שִׁשָּׁה טְפָחִים לְכָאן וְשִׁשָּׁה טְפָחִים לְכָאן. תֵּדַע לָךְ שֶׁהוּא כֵן דְּתַנִּינָן דְּבַתְרָהּ הַמַּבְרִיךְ שְׁלֹשָׁה גְפָנִים וְעִיקְּרֵיהֶן נִרְאִין וְתַנֵּי עֲלָהּ בְּמַה דְבָרִים אֲמוּרִים לְעִנְיַין הַכֶּרֶם אֲבָל לְעִנְיַין עֲבוֹדָה נוֹתֵן שִׁשָּׁה טְפָחִים לְכָאן וְשִׁשָּׁה טְפָחִים לְכָאן.
That is14Here starts the discussion of the last part of the Mishnah, regarding the knee-shaped vine. only if the first stem is not visible, but if the first stem is visible one allows six hand-breadths from either stem. You can see that because we also stated afterwards15Mishnah 7:2.: “If one sinks three vines and their stems are visible,” and we have stated on this: When has this been said? For a vineyard16Regarding the conditions under which three vines can be extended to form a legal vineyard. If they are too close to or too far from one another, each one of the six vines so created is given its own working space.. But concerning the working space one allows six hand-breadths for either one.
That is14Here starts the discussion of the last part of the Mishnah, regarding the knee-shaped vine. only if the first stem is not visible, but if the first stem is visible one allows six hand-breadths from either stem. You can see that because we also stated afterwards15Mishnah 7:2.: “If one sinks three vines and their stems are visible,” and we have stated on this: When has this been said? For a vineyard16Regarding the conditions under which three vines can be extended to form a legal vineyard. If they are too close to or too far from one another, each one of the six vines so created is given its own working space.. But concerning the working space one allows six hand-breadths for either one.