Bava Batra

wine-bottlers were Jews.  And we only say this if the flasks are big ones,  but if they are small ones, we may argue that passers-by [non-Jews] let them drop. If, however, there are some big ones with them. we can say that the small ones were [merely] used as ballast. MISHNAH. TREES MUST BE KEPT AT A DISTANCE OF TWENTY-FIVE CUBITS FROM A TOWN; CAROBS AND SYCAMORE TREES  FIFTY CUBITS. ABBA SAUL SAYS THAT ALL WILD FRUIT TREES  MUST BE KEPT AT A DISTANCE OF FIFTY CUBITS. IF THE TOWN WAS THERE FIRST, THE TREE IS CUT DOWN  AND NO COMPENSATION IS GIVEN. IF THE TREE WAS THERE FIRST, IT IS CUT DOWN BUT COMPENSATION MUST BE GIVEN. IF THERE IS A DOUBT WHICH WAS FIRST, IT IS CUT DOWN AND NO COMPENSATION IS GIVEN. GEMARA. [TREES MUST BE KEPT AT A DISTANCE etc.] What is the reason for this regulation? — 'Ulla says. to preserve the amenities of the town.  But could we not derive this rule from the regulation  that suburb  must not be turned into cultivated field nor cultivated field into suburb? — The rule had to be stated here to meet the view of R. Eleazar, who said that cultivated field may be turned into suburb, and suburb may be turned into cultivated field; even on his view trees must not be planted [close to the town], so as not to spoil the amenities of the town. And the Rabbis too who said that a cultivated field may not be turned into suburb nor suburb into cultivated field, meant this to apply only to the sowing of vegetables but not to the planting of trees; yet here they too would prohibit on account of the amenities of the town. What ground have you for saying that there is a difference [in this respect] between vegetables and trees? — Because it has been taught: 'If an enclosure, big enough to sow more than two se'ahs in, is fenced round for dwelling purposes, then if the greater part of it is sown with vegetables, it is reckoned as a vegetable garden and it is forbidden [to carry in it on Sabbath], but if the greater part of it is planted with trees it is reckoned as a courtyard and it is permissible [to carry in it on Sabbath]. IF THE TOWN WAS THERE FIRST, THE TREE IS CUT DOWN AND NO COMPENSATION IS GIVEN etc. Why in the analogous case of a pit is it laid down  that the owner may cut down the tree but must give compensation, whereas here it is cut down without compensation being given? — R. Kahana said: A pot with two cooks  is neither hot nor cold.  But what contradiction is there? perhaps a difference is made between injury to the public and injury to an individual?  — [We must therefore say that] if R. Kahana really made this remark, he meant it to apply to the next clause in the Mishnah: IF THE TREE WAS THERE FIRST, IT IS CUT DOWN BUT COMPENSATION MUST BE GIVEN [Regarding this we may ask.] Why cannot the owner of the tree say: Give me the money first and I will then cut it down? And it was in regard to this that R. Kahana answered: A pot with two cooks is neither hot nor cold. IF THERE IS A DOUBT WHICH WAS FIRST, IT IS CUT DOWN WITHOUT COMPENSATION BEING GIVEN. Why in the analogous case of a pit is it laid down that he should not cut down the tree?  — In the case of the pit where, if the tree was certainly [there first]. it is not to be cut down, then if there is a doubt we also do not say to him 'Cut it down.' But in this case where even if the tree was certainly there first it has to be cut down, then if there is a doubt we also order him to 'Cut it down.'  And if the question of compensation arises, we say to him: prove that it is yours  and you will be paid. MISHNAH. A FIXED THRESHING-FLOOR MUST BE KEPT FIFTY CUBITS FROM A TOWN.  A MAN SHOULD NOT FIX A THRESHING-FLOOR ON HIS OWN ESTATE UNLESS THERE IS A CLEAR SPACE ALL ROUND OF FIFTY CUBITS. HE MUST KEEP IT AWAY FROM THE PLANTATION OF HIS NEIGHBOUR AND HIS PLOUGHED FALLOW A SUFFICIENT DISTANCE TO PREVENT DAMAGE BEING CAUSED. GEMARA. Why this difference between the beginning and the end [of this Mishnah]?  — Abaye said: The last clause refers to a threshing-floor which is not fixed. What do you mean by a threshing-floor which is not fixed? — R. Jose said in the name of R. Hanina: One that does not require the use of a winnowing shovel.  R. Ashi [however], said: The last clause gives the reason for the first,  as much as to say: Why is a fixed threshing-floor kept fifty cubits away from a town? — To prevent it doing damage. An objection [to Abaye's opinion] was raised from the following: 'A fixed threshing-floor must be kept fifty cubits away from a town, and as it must be kept fifty cubits from a town, so it must be kept fifty cubits from a neighbour's cucumber and pumpkin fields, from his plantations and his ploughed fallow, to prevent damage being caused.' This squares with the opinion of R. Ashi, but conflicts with that of Abaye  [does it not]? — [This indeed] is a difficulty. We can understand [why the threshing-floor must be kept away] from the cucumber and pumpkin fields, because the dust goes and penetrates into them and dries them up but [why should it be kept away] from the ploughed fallow? — R. Abba b. Zebid [or it may be R. Abba b. Zutra] replied: