One may not dig a cistern near his fellow’s cistern; Nor may he dig a ditch, cave, water-channel, or laundry pool unless it is three handbreadths away from his fellow’s wall, and he must plaster it with lime. They distance piles of olive refuse, manure, salt, lime or stones three handbreadths from his fellow’s wall, and he plasters it with lime. They distance seeds, and a plow and urine three handbreadths from the wall. And they distance the mill [from the wall]: three [handbreadths] from the lower millstone and four [handbreadths] from the upper millstone. And [they distance] the oven [from the wall]: three from the belly of the oven and four from the rim of the oven. One may not set up an oven inside a house unless there is a space of four cubits above it. If he sets it up in the upper room, the flooring beneath it must be three handbreadths deep, or for a stove one handbreadth. And if it causes damage [to the floor] he must pay for the damage caused. Rabbi Shimon says: “They only mentioned these measurements so that if the object caused damage he would be exempt.” One may not open a bakery or a dyer’s shop under his fellow’s storehouse, nor a cattle stall. In truth, they have permitted these things under a winestore but not a cattle stall. A man may protest against [another that opens] a shop within the courtyard and say to him, “I cannot sleep because of the noise of them that go in and out.” One who makes utensils, should go outside and sell them in the market. But none may protest and say to him, “I cannot sleep because of the noise of the hammer” or “because of the noise of the mill-stones” or “because of the noise of children.” If one’s wall was adjacent to his friend’s wall he may not build another wall adjoining it unless it is at a distance of four cubits. And [if he builds a wall opposite his friend’s] windows, whether it is higher or lower than them or level with them, it may not be within four cubits. A person’s ladder must not be kept within four cubits of [his neighbor’s] dovecote, lest a marten (a small animal that eats doves) should jump in. His wall may not be built four cubits from [his neighbor’s] roof-gutter, so that the other can set up his ladder [to clean it out]. A dovecote may not be kept within fifty cubits of a town, and none may build a dovecote in his own domain unless his ground extends fifty cubits in every direction. Rabbi Judah says: Four kor’s space of ground, which is the length of a pigeon’s flight. But if he had bought it [and it was built already in that place] and there was only a quarter-kab’s space of ground, he has a right to the dovecote. If a young pigeon is found within fifty cubits it belongs to the owner of the dovecote; but if it is found beyond fifty cubits it belongs to who finds it. If it is found between two dovecotes: if it is nearer to this one than it belongs him [that owns this dovecote]; and if it is nearer to the other, it belongs to him [that owns the other dovecote]; and if it is at a like distance from either, they share it. A tree may not be grown within a distance of twenty five cubits from the town, or fifty cubits if it is a carob tree or a sycamore tree. Abba Shaul says: “Any tree that bears no fruit may not be grown within a distance of fifty cubits.” If the town was there first, the tree shall be cut down and no compensation given; if the tree was there first it shall be cut down and compensation given. If it is in doubt which was there first, the tree shall be cut down and no compensation given. A permanent threshing floor may not be made within fifty cubits of the town. One may not make a permanent threshing floor within his own domain unless his ground extends fifty cubits in every direction. And he must distance it from his fellow's plants and ploughed land so that it will not cause damage. Animal carcasses, graves and tanneries must be distanced fifty cubits from a town. A tannery may be set up only to the east of a town. Rabbi Akiva says: “It may be set up on any side save the west, and it must be distanced fifty cubits [from the town]. A pool for soaking flax must be distanced from vegetables, and leeks from onions, and mustard plant from bees. Rabbi Yose permits mustard plant. A tree may not be grown within twenty five cubits of a cistern, or within fifty cubits if it is a carob or a sycamore, whether it is higher or on the same level. If the cistern was there first the tree shall be cut down and compensation given. If the tree was there first it shall not be cut down. If it is in doubt which was there first, the tree shall not be cut down. Rabbi Yose says: “Even if the cistern was there before the tree it should not be cut down, since this one dug within his own domain and the other planted within his own domain.” A person may not plant a tree near another’s field unless it is four cubits away, no matter whether it be a vine or any other kind of tree. If there was a wall between, each may plant up to the wall on either side. If its roots entered within the other’s property, the other may cut them away to a depth of three handbreadths so that they shall not hinder the plough. If he dug a cistern, trench or cave, he may cut them away as far down as he digs, and the wood shall belong to him. If a tree stretches into another’s field, he may cut it away as far as is reached by an ox-goad held over the plough, or, if it is a carob or sycamore, [he may cut it away] according to the plumb line’s measure. All trees that stretch over irrigated fields may be cut away according to the plumb line’s measure. Abba Shaul says: “All trees that bear no fruit may be cut away according to the plumb line’s measure.” If a tree stretches into the public domain enough must be cut away to allow a camel and its rider pass by. Rabbi Judah says: “A camel laden with flax or bundles of branches.” Rabbi Shimon says: “Every tree [must be cut away] according to the plumb line’s measure, because of impurity.
Mishnah Bava Batra 2
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