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Week 106 - Sunday - 2 December 2001

BAVA BATRA: CHAPTER 2: MISHNAH 13

If a tree extends into his neighbor's field, he cuts away the full height of the ox goad above the plow; and with a carob and sycamore - by the plumb-line. An irrigated field - the entire tree by the plumb-line. Abba Shaul says: Every tree that bears no fruit by the plumb-line.

Kehati

Whereas the previous mishnah dealt with the roots of a tree intruding into a neighbor's field, the present mishnah deals with branches that intrude into another's field.

If a tree extends into his neighbor’s field - If the branches of A's tree extend into B's property, and prevent him from driving his plow at that point, he cuts away - B has the right to cut away the branches, the full height of the ox goad - to the full height of the ox goad, this being a long stave with a spud on the end for grinding and spurring the oxen during plowing, above the plow - i.e., so that when he plows and raises the goad over the oxen he will not be hampered by the branches; and with a carob and sycamore - which have thick branches, and their shade is detrimental to B's field; by the plumb-line - B may draw an imaginary line vertical to the boundary line between the two fields and cut away any branches along that line, regardless of how high up the branches are. A plumb-line is a length of twine with a metal weight attached at the end, and is used by builders to ascertain whether a vertical building line is straight. An irrigated field - If B's field must have outside irrigation and cannot subsist on rain water alone, the entire tree by the plumb-line - The branches of every tree, not only a carob or sycamore, may be cut off at the boundary line regardless of the height of the branches, as even a little shade is detrimental to an irrigated field.

Abba Shaul says: Every tree that bears no fruit by the plumb-line -The Gemara explains that Abba Shaul disagrees with the First Tanna, for the First Tanna only permits cutting off the branches of carobs and sycamores by the plumb-line whereas Abba Shaul extends this rule to include all non-fruit-bearing trees. Abba Shaul holds this because since such trees do not bear fruit, cutting off their branches results in only minimal loss to the owner of the tree The Halakhah does not follow Abba Shaul.

BAVA BATRA: CHAPTER 2: MISHNAH 14

If a tree extends into a public thoroughfare, he cuts so that a camel and its rider may pass. R. Yehudah says, A camel loaded with flax or bundles of branches. R. Shimon says: Every tree by the plumb-line, because of uncleanness.

Kehati

This mishnah discusses a tree which extends into a public thoroughfare and impedes passersby.

If a tree extends into a public thoroughfare - and its branches impede the movement of passersby, he cuts - Those who use the thoroughfare may cut away the branches, to a height - so that a camel and its rider may pass - under the tree unhampered.

R. Yehudah, however, differs, and says - one may only cut away enough for a camel loaded with flax or bundles of branches - to pass underneath. This is less than is required for a camel with its rider, as R. Yehudah holds a rider can simply bend down and pass under the tree. R. Shimon says, Every tree by the plumb-line - The branches of any tree extending into a public thoroughfare may be cut away, regardless of height, using a vertical line perpendicular to the person's boundary, because of uncleanness - If a person finds himself under any type of covering together with a dead human body or even a part of a dead body the size of an olive, the person becomes unclean. R. Shimon is afraid that a part of a dead body may be under the tree branches, and anyone passing underneath will thus become unclean. The Halakhah follows the First Tanna.

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