Reference for Bava Kamma 162:24

ביחידאי לא קאמרינן

knows where he is going to, that he may cut his way through, whereas in the case of being lost himself, when he does not know where he is going to, he should not be permitted to cut his way through but should have to walk round about the boundaries. We are therefore told that this is not so — Cannot this permission be derived from the Pentateuch? For it was taught: 'Whence can it be derived that it is obligatory to restore the body of a fellow-man?<span class="x" onmousemove="('comment',' When in danger, just as it is obligatory to restore him his lost chattels. ');">¹⁹</span> Because it is said: And thou shalt restore it to him<span class="x" onmousemove="('comment',' Deut. XXII. 2. ');">²⁰</span> [implying him himself, i.e., his person.'<span class="x" onmousemove="('comment',' Cf. Sanh. 73a. ');">²¹</span> Why then was it necessary for Joshua to stipulate this?]<span class="x" onmousemove="('comment',' Seeing that it can be derived from the Pentateuch. ');">²²</span> — As far as the Pentateuch goes, he<span class="x" onmousemove="('comment',' The one who lost his way. ');">²³</span> would have to remain standing between the boundaries [and walk round about]; it was therefore necessary for Joshua to come and ordain that he be permitted to cut his way through when going up and cut his way through when coming down. 'That a dead body, which anyone finding has to bury, should acquire the [right to be buried on the] spot [where found].' A contradiction could be pointed out [from the following:] If one finds a dead person lying on the road, he may remove him to the right side of the road or to the left side of the road. If on the one side of the road there is an uncultivated field and on the other a fallow field, he should remove him to the uncultivated field;<span class="x" onmousemove="('comment',' So as to interfere as little as possible with agriculture. ');">²⁴</span> so also where on the one side there is a fallow field but on the other a field with seeds he should remove him to the fallow field.<span class="x" onmousemove="('comment',' V. p. 463, n. 9. ');">²⁵</span> But if both of them are uncultivated, or both of them fallow, or both of them sown he may remove him to any place he likes.<span class="x" onmousemove="('comment',' 'Er. 17b. ');">²⁶</span> [Does this not contradict your statement that a dead person acquires the right to be buried on the spot where he was found?] — Said R. Bibi: The dead person [in the latter case] was lying broadways across the boundary so that since permission had to be given to remove him from that spot<span class="x" onmousemove="('comment',' So as not to cause defilement to all those who pass that way. ');">²⁷</span> he may be removed to any place he prefers. I would here ask: Are these stipulations<span class="x" onmousemove="('comment',' Enumerated in the cited Baraitha supra p. 459. ');">²⁸</span> only ten [in number?] Are they not eleven? — [The permission] to use the paths in private fields is [implied in] a statement made by Solomon, as taught: If a man's produce has already been removed entirely from the field, and nevertheless he does not allow persons to enter his field, what would people say of him if not, 'What [real] benefit has that owner from his field, for in what way would people do him any harm?' It was regarding such a person that the verse says: While you can be good do not call yourself bad.<span class="x" onmousemove="('comment',' Cf. Ber. 30a. ');">²⁹</span> But is it [anywhere] written:<span class="x" onmousemove="('comment',' In Scripture. ');">³⁰</span> 'While you can be good do not call yourself bad'? — Yes, it is written to a similar effect: <i>Withhold not good from him to whom it is due, when it is in the power of thy hand to do it</i>.<span class="x" onmousemove="('comment',' Prov. III, 27. ');">³¹</span> But were there no more stipulations?<span class="x" onmousemove="('comment',' Made by Joshua. ');">³²</span> Was there not the one mentioned by R. Judah? For it was taught: 'When it is the season of removing dung, everybody is entitled to remove his dung into the public ground and heap it up there for the whole period of thirty days so that it may be trodden upon by the feet of men and by the feet of animals; for upon this condition did Joshua transfer the land to Israel as an inheritance.<span class="x" onmousemove="('comment',' Tosef. B.M. XI; supra 30a. ');">³³</span> Again, was there not also the one referred to by R. Ishmael the son of R. Johanan b. Beroka? For it was taught: R. Ishmael the son of R. Johanan b. Beroka said: It is a stipulation of the Court of Law that the owner of the bees<span class="x" onmousemove="('comment',' Which settled upon a neighbour's tree. ');">³⁴</span> be entitled to go down into his fellow's field and cut off his fellow's bough [upon which his bees have settled] in order to rescue the swarm of his bees while paying only the value of his fellow's bough; it is [similarly] a stipulation of the Court of Law that the owner of wine should pour out his wine [from the flask] so as to save in it the honey of his fellow<span class="x" onmousemove="('comment',' Carried by him in a jug which suddenly gave way, and the contents which were much more valuable than wine thus became in danger if being wasted. ');">³⁵</span> and recover the value of his wine out of the honey of his fellow; it is [again] a stipulation of the Court of Law that [the owner of a bundle of wood] should remove the wood [from his ass] and load [on his ass] the flax of his fellow [from the back of the ass that fell dead]<span class="x" onmousemove="('comment',' And which is thus in danger of being wasted if not rescued in time. ');">³⁶</span> and recover the value of his wood out of the flax of his fellow; for it was upon this stipulation that Joshua transferred the land to Israel for an inheritance.'<span class="x" onmousemove="('comment',' Infra 114b. ');">³⁷</span> [Why then were these stipulations not included?] — Views of individual authorities were not stated [among the stipulations that have unanimous recognition].

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