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Week 105 - Friday - 30 November 2001

BAVA BATRA: CHAPTER 2: MISHNAH 9

One places carcasses and graves and a tannery fifty amot away from a city. One does not establish a tannery save to the east of a city. R. Akiva says, He may establish it on any side except the west, and he places it fifty amot away.

Kehati

This mishnah enumerates things that are to be kept far from a city due to their unpleasant odor.

One places carcasses - i.e., a dump used for animal carcasses, and graves - a graveyard; and a tannery, Fifty amot away from a city - because all three emit an unpleasant odor. The mishnah now explains that one does not establish a tannery save to the east of a city - Because the east wind though hot is not fierce, so that the odor will not be carried to the city (Rashi; Bartenura), or since that direction is the hottest, the heat reduces the damage caused by the odor (Rambam, Hil. Shekhenim 10:4); or, as Rambam writes in his commentary on the Mishnah, because there is seldom an east wind in Eretz Israel. Others give as the reason that the west wind which is strong blows the odor away from the city (Tosafot).

R. Akiva says - on the other hand, that he may establish it on any side - of the city except the west - The Gemara explains that R. Akiva's reason is that the Shekhinah is in the west, and Jews pray in that direction, and he places it - at a distance of - fifty amot away - That is to say, when one makes a tannery on another side of the city it must be at least fifty amot away, whereas on the West it may not be made at all. The Halakhah follows the First Tanna, that a tannery may only be located to the east of a city.

BAVA BATRA: CHAPTER 2: MISHNAH 10

One places a steeping pond far from vegetables, and leeks from onions, and mustard from bees. R. Yose permits mustard.

Kehati

This mishnah, too, deals with keeping harmful objects away from others' property.

One places a steeping pond - for flax - far - from vegetables - From a neighbor's vegetable garden, because the water used for steeping the flax is harmful to vegetables.

And - one who plants - leeks - must do so far - from onions - in his neighbor's garden, because the leeks diminish the pungency of the onions, and - similarly, one sowing - mustard in his garden must do so away from bees - i.e., from a beehive belonging to his neighbor, because the bees ingest the mustard pollen and that is deleterious to the honey they produce. The mishnah does not specify how far these must be kept apart, but the distance must be such as to prevent any damage (Hameiri). Others interpret the distance to be fifty amot, as in the previous mishnah (Tosefot Yam Tov).

R. Yose permits mustard - i.e., mustard may be planted near a beehive. The Gemara quotes a baraita which explains R. Yose's view. He (the mustard farmer) can say to him (the beekeeper), "Instead of you saying to me, 'Remove your mustard from my bees,' remove your bees from my mustard because they eat the flowers of my mustard." The Gemara (Bava Batra 18b) explains that R. Yose holds, as he states in the following mishnah, this one is digging in his and this one is planting in his, I.e., the victim must distance himself from the potential injurer. If one wishes to do something in his own property which does not cause immediate damage to his neighbor's property, but which will ultimately cause damage, the potential injurer need not distance himself from his neighbor. According to this, R. Yose disagrees with the First Tanna in all three instances, for neither the steeping pond nor the leeks cause immediate damage, hence, there is no need for him to place the pond far from the vegetables, or leeks from the onions or the mustard from the bees. (Rosh).

As to the mishnah seemingly implying that R. Yose disagrees with the First Tanna only with respect to the mustard and not with respect to the first two cases, this is not so. R. Yose understands that he has no common ground with the First Tanna in the cases of the flax water and leeks, since whereas the First Tanna holds that the one causing the damage must remove himself from proximity to the one who is harmed, R. Yose holds that the one to be potentially harmed should take steps to prevent this. However, with respect to the case of the mustard, R. Yose says to the First Tanna, Though with respect to the first two cases I agree that according to your opinion the potential causer of harm should move away, with respect to the case of the mustard you should agree with me since the bees damage the mustard just as the mustard damages the bees. Since both are potential causers of damage to each other, why should just the one (the mustard owner) be forced to keep away? To this, the First Tanna replies that the bees do not do any real damage to the mustard plants, because the mustard seeds are in pods and the bees do not find them, and even though they eat the stems, these will grow again. The damage is thus one-sided, and the mustard patch must be moved away from the bees. The Halakhah follows R. Yose. However, Rambam rules that in all three cases one must leave a space of three tefahim between the two, for if there is less space than that the owner of the steep, the leeks, or the mustard actually causes immediate damage to the other (Hil. Shekhenim 10:5).

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