Soncino English Talmud
Bava Batra
Daf 18b
Now if a man is not allowed to bring these things close up to the boundary, in what conditions could such a remark be made? R. Papa answered: In the case of a purchaser. But if we are speaking of a purchaser, what reason have the Rabbis for prohibiting? Also, why does R. Jose permit only in the case of the mustard? Why not the water and the leeks also? — Rabina replied: The Rabbis hold that it is incumbent on the one who inflicts the damage to remove himself. We may infer from this that in the opinion of R. Jose it is incumbent on the one who suffers the damage to remove himself, and if that is so, then he should permit flax — water to be placed close to vegetables? — The truth is that R. Jose also holds that it is incumbent on the one who inflicts the damage to remove himself, and he argued with the Rabbis as follows: I grant you are right in the case of the flax water and the vegetables, because the former harms the latter but not vice versa, but the case is different with bees and mustard, because both are harmful to one another. What have the Rabbis to say to this? — That bees do no harm to mustard; the grains they cannot find, and, if they eat the leaves, they grow again. But does R. Jose in fact hold that it is incumbent on the one who inflicts the damage to remove himself? Have we not learnt: 'R. Jose says: Even if the pit was there before the tree, the tree need not be cut down, because the one owner digs in his property and the other plants in his'? — The truth is that R. Jose holds it to be incumbent on the one who suffers the damage to remove himself, and here he was arguing with the Rabbis on their own premises. thus: 'In my view the one who suffers the damage has to remove himself, and therefore in this case it is not necessary to remove even the flax-water from the vegetables. But on your view that the one who inflicts the damage must remove himself, I grant you are right in the case of the flax-water and the vegetables, because the former injures the latter but not vice-versa. But this does not apply to bees and mustard, where both injure one another.' To which the Rabbis can reply that bees do not injure mustard; the grains
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