Mishnah Bava Metzia 10

¹If a house (the first story) and an upper room (the second story) belonging to two persons (each owning) fell down, the two share in the wood and the stones and the earth. And they consider which stones were the more likely to have been broken. If one of them recognizes that some of the stones were his, he may take them and they count as part of his share. ²If there was a house (the first story) and an upper room (the second story) belonging to two people, and the [floor of the] upper room broke and the owner of the house (the bottom story) did not want to fix it, the owner of the upper room may come down and dwell below, until the owner [of the bottom story] fixes [the floor of the] upper room. Rabbi Yose says: “He that dwells below should provide the beams and he that dwells above the plastering. ³If a house (the bottom story) and an upper room belonging to two persons (each owning fell down, and the owner of the upper room told the owner of the house (the bottom story) to rebuild it, and he did not want to rebuild it, the owner of the upper room may rebuild the house below and live in it until the other repays him what he has spent. Rabbi Judah says: “He would then [after being reimbursed] have been dwelling on his fellow’s property and he should [therefore] pay him rent. Rather the owner of the upper room should rebuild both the house below and the upper room and put a roof on the upper room, and live in the house below until the other repays him what he has spent.” ⁴So, too, if an olive press was built in a rock and another had a garden on top of it, and [the olive press] was in part broken down, the owner of the garden may come down and sow below until the other rebuilds the ceiling of his olive press. If a wall or a tree fell into the public domain and caused damage, the owner is not liable to make restitution. If a set time had been given to him to cut down the tree or pull down the wall, and they fell down within the time, he is not liable. If after that time, he is liable. ⁵If one’s wall was near his fellow’s garden and it fell down and his fellow said to him, “Clear away your stones”, and he answered, “They have become yours”, they do not listen to him. If after the other (the owner of the garden) had accepted he (the owner of the wall) said to him, “Here is your expenditures and I will take back what is mine”, they do not listen to him. If one hired a laborer to help him in his work with chopped straw and stubble, and the laborer said to him, “Give me my wages”, and he said to him, “Take as your wages that with which you have labored”, they do not listen to him. If after the other (the employee) had accepted he (the employer) said to him, “Here are your wages and I will take what is mine”, they do not listen to him. One who removes his manure into the public domain: from the time he removes it another may take it to manure [his fields]. One may not soak clay or make bricks in the public domain, but clay may be kneaded in the public domain but not bricks. One who builds in the public domain: one brings the stones and another builds (immediately). And if he causes damage, he pays what he has damaged. Rabban Shimon ben Gamaliel says: “He may, indeed, make preparation for his work for thirty days [in the public domain]. ⁶If there were two gardens [in terraces] one above the other and vegetables grew between them: Rabbi Meir says: “They belong to the upper garden.” Rabbi Judah says: “They belong to the lower garden.” Rabbi Meir said: “If [the owner of] the upper garden wished to remove his soil there would be no vegetables.” Rabbi Judah said: “If [the owner of] the lower garden wished to fill up his garden [with soil] there would be no vegetables. Rabbi Meir said: “Since each is able to thwart the other, we should consider from where these vegetables derive their life.” Rabbi Shimon said: “Whatever [the owner of ] the upper garden can take by stretching out his hand belongs to him, and the rest belongs to [the owner of] the lower garden.