Talmud Bavli
Talmud Bavli

Commentary for Bava Batra 51:13

אמר ליה הני מילי שלשה מר קא חפר טפי אמר ליה אנא בורות שיחין ומערות קא חפרנא דתנן היה חופר בור שיח ומערה קוצץ ויורד והעצים שלו אמר רב פפא אמרי ליה כולהי ולא יכילי ליה

This is also stated in a Baraitha: 'A man should not plant a tree nearer than two cubits to his neighbour's field.' But does not our Mishnah say four? — It must be therefore as Samuel has explained. This argument is also stated in the form of a contradiction [which is afterwards reconciled, thus]: Our Mishnah says: A MAN SHOULD NOT PLANT A TREE CLOSE TO HIS NEIGHBOUR'S FIELD UNLESS HE KEEPS IT AT A DISTANCE OF FOUR CUBITS. But does not a Baraitha say two cubits? — Said Samuel: There is no contradiction. The Mishnah refers to Eretz Yisrael, the Baraitha to Babylon.<span class="x" onmousemove="('comment',' Lit., 'here in Eretz Yisrael, here in Babylon.' ');"><sup>12</sup></span> Raba, son of R. Hanan, had some date trees adjoining a vineyard of R. Joseph. and birds used to roost on the date trees and fly down and damage the vines. So Raba, son of R. Hanan, told R. Joseph to cut down his date trees. Said the latter: But I have kept them [four cubits] away? This, replied the other, applies only to other trees, but for vines we require more. But does not our Mishnah say that THIS APPLIES BOTH TO VINES AND TO ALL OTHER TREES? Said he:<span class="x" onmousemove="('comment',' Raba. ');"><sup>13</sup></span> This is so where there are other trees or vines on both sides,<span class="x" onmousemove="('comment',' Lit., 'a tree for a tree, and vines for vines, but a tree for vines, etc.' ');"><sup>14</sup></span> but where there are other trees on one side and vines on the other a greater space is required.<span class="x" onmousemove="('comment',' Tosaf. points out that R. Joseph could be held responsible only if he had planted the date trees as saplings, but not if they had grown from date stones. ');"><sup>15</sup></span> Said R. Joseph: I will not cut them down, because Rab has said that it is forbidden to cut down a date tree which bears a <i>kab</i> of dates, and R. Hanina has said, 'My son Shikhath only died because he cut down a date tree before it was dead.'<span class="x" onmousemove="('comment',' Lit., not its time.' ');"><sup>16</sup></span> You, Sir, can cut them down if you like. R. Papa had some date trees close to the field of R. Huna the son of R. Joshua. [One day] he found him<span class="x" onmousemove="('comment',' Lit., 'he went and found him.' ');"><sup>17</sup></span> digging and cutting out the roots. What [do you mean by] this? he said to him. He replied: We learnt: IF THE ROOTS SPREAD INTO HIS NEIGHBOUR'S FIELD, [THE LATTER] MAY CUT THEM AWAY TO A DEPTH OF THREE HANDBREADTHS SO THAT THEY SHOULD NOT IMPEDE THE PLOUGH. Said the other: [The Mishnah] only [says] three, but you. Sir, are going deeper. He replied: I am digging for pits. ditches, and caves, In regard to which we learnt: IF HE DIGS A PIT, DITCH, OR CAVE, HE CAN CUT RIGHT DOWN AND THE WOOD BELONGS TO HIM. Said R. Papa [subsequently]: I tried all kinds of argument with him, but I could not convince him

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