Soncino English Talmud
Bava Kamma
Daf 81a
That cattle be permitted to pasture in woods; that wood may be gathered [by all] in private fields; that grasses may similarly be gathered [by all] in all places, with the exception, however, of a field where fenugrec is growing; that shoots be permitted to be cut off [by all] in all places. with the exception, however, of stumps of olive trees; that a spring emerging [even] for the first time may be used by the townspeople; that it be permitted to fish with an angle in the Sea of Tiberias, provided no sail is spread as this would detain boats [and thus interfere with navigation]; that it be permitted to ease one's self at the back of a fence even in a field full of saffron; that it be permitted [to the public] to use the paths in private fields until the time when the second rain is expected; that it be permitted to turn aside to [private] sidewalks in order to avoid the road-pegs; that one who has lost himself in the vineyards be permitted to cut his way through when going up and cut his way through when coming down; and that a dead body, which anyone finds has to bury should acquire [the right to be buried on] the spot [where found]. 'That cattle be permitted to pasture in woods.' R. Papa said: This applies only to small cattle pasturing in big woods for in the case of small cattle pasturing in small woods or big cattle in big forests it would not be permitted, still less big cattle pasturing in small woods. 'That wood may be gathered [by all] in private fields: 'This applies only to [prickly shrubs such as] Spina regia and hollow. For in the case of other kinds of wood it would not be so. Moreover, even regarding Spina Regia and hollow, permission was not given except where they were still attached to the ground, but after they had been already broken off [by the owner] it would not be so. Again, even in the case of shrubs still attached to the soil, permission was not given except while they were still in a wet state, but once they had become dry it would not be so. But in any case it is not permitted to uproot [them]. 'That grasses may similarly be gathered [by all] in all places, with the exception, however, of a field where fenugrec is growing.' Does this mean to say that fenugrec derives some benefit from grasses? If so, a contradiction could be pointed out [from the following:] 'If fenugrec is mixed up with other kinds of grasses, the owner need not be compelled to tear it out [for he will do it in any case on account of the fact that the grasses spoil the fenugrec'. Now, does this not prove that grasses are disadvantageous to fenugrec?] — Said R. Jeremiah: There is no contradiction, for while the latter statement refers to the seeds, the former deals with the pods. It is only to the seeds that grasses are disadvantageous as they make them lean, whereas to the pods they are advantageous, for when placed between grasses they get softer. Or if you like I can say that while one statement refers to fenugrec sown for the use of man, the other refers to fenugrec sown for animals, for since it was sown for animals grasses are also required for it. How can we tell [for what it was sown]? — R. Papa said: If made in beds it is sown for man, but if not in beds it is for animals. 'That shoots be permitted to be cut off [by all] in all places, with the exception, however, of stumps of olive trees.' R. Tanhum and R. Barias explained in the name of a certain old man that in the case of an olive tree the size of the length of an egg has to be left over at the bottom; in the case of reeds and vines [it is only] from the knot and upwards [that it is permitted to cut off shoots]; in the case of all other trees [it is permitted only] from the thick parts of the tree but not from the central part of the tree, and only from a new bough that has not yet yielded fruit but not from an old bough which is yielding fruit; again, only from such spots [on the tree] as do not face the sun