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Week 105 - Monday - 26 November 2001

BAVA BATRA: CHAPTER 2: MISHNAH 1

One may not dig a cistern close to the cistern of another, nor a trench, nor a vault, nor a water channel, nor a washer-man's pool, unless it is three tefahim distant from the wall of the other, and he must plaster it with lime. One must place olive peat, dung, salt, lime and rocks three tefahim away from the wall of one's neighbor, and he must plaster it with lime. Seeds, the plough and urine must be three tefahim away from the wall. One must also place a mill a distance of three from the bottom millstone, which is four from the top millstone; and an oven three from its base, which is four from its rim.

Kehati

This mishnah teaches us that even a person acting within his own property is required to prevent damage to another's property. Our mishnah enumerates a number of items that one must keep three tefahim from the wall of his neighbor, as they are liable to cause damage to the wall.

One may not dig a cistern - A person may not dig a cistern in his field - close to the cistern of another - a neighbor, nor a trench - A long and narrow ditch, nor a vault - A square-shaped ditch which is covered, nor a washer-man's pool - A pool used for washing clothes, unless it is three tefahim distant from the wall of the other - person's cistern. The Gemara explains that our mishnah mentions "from the wall" and not "from the cistern" to teach that the wall of a cistern is at least three tefahim thick. Thus the distance between the cavity of one cistern and the cavity of the next must be at least six tefahim, because the wall of each cistern is at least three tefahim thick. The reason why there must be such a distance is that if one digs a cistern close to another it weakens and undermines the wall of the first. Even if the other person has no cistern, if it is a field that might be used for cisterns, e.g., if it was a field that needs constant irrigation, one must place his cistern three tefahim away from the border of his neighbor, in case the neighbor decides to dig a cistern in his own property (Talmud; Rambam, Hil. Shekhenim 9:10); and he must plaster it - The side of the wall facing his neighbor with lime so that the water does not seep through and damage his neighbor's wall.

One must place olive peat - The pulp left over after all the oil has been squeezed out - dung, salt, lime and rocks - if a person makes a pile of any of these, the pile must be removed three tefahim away from the wall of one's neighbor - i.e., from the wall that his neighbor has built above ground (Rashi). For all the above emit damp fumes and weaken the wall, and he must plaster it with lime - The Gemara explains this to mean "or he must plaster it with lime," meaning that one has the choice of either plastering the pile with lime or, alternatively, he plasters the neighbor's wall with lime. Thus the second law differs from the first, for in the first we are told, "he must place it at a distance... and he must plaster it," whereas the second is interpreted as "he may place it at a distance... or he must plaster it."

Seeds, the plough and urine must be three tefahim away from the wall - One is forbidden to plant, plow, or urinate close to the wall of a neighbor, as all three can cause damage to the wall. One is therefore required to keep a distance of three tefahim between these and one's neighbor's wall. This rule, however, only applies to a brick wall; if the wall is made of stones, the distance that must be kept is a single tefah, while if it is a wall of rock, one is not required to keep any distance at all.

One must also place a mill a distance of three tefahim from his neighbor's wall - from the bottom millstone - which is four - tefahim, from the top millstone - The upper millstone, which sits on top of the lower millstone and is smaller than it. The reason one must place the millstones away from one's neighbor's wall is because the vibrations of the mill shake the wall; and an oven - So too must a person place an oven which he wishes to keep in his courtyard away from his neighbor's wall, three - tefahim from its base, which is four - tefahim, from its rim - from the rim of the oven, which is a tefah narrower than its base; as the heat can cause damage to the wall.

BAVA BATRA: CHAPTER 2: MISHNAH 2

One may not place an oven in the house, unless there are four amot above it. If one places it in an upper story, there must be a cement floor of three tefahim beneath it, and with a stove, a tefah. If it caused damage, he must pay for the damage. R. Shimon says, They only stated these standards so that if he caused damage, he is free from paying.

Kehati

After learning at the end of the previous mishnah that one who places a stove in his courtyard must place it away from his neighbor's wall as prescribed, this mishnah teaches us under which conditions a person may place a stove in his home, so as to ensure that there will be no danger of fire. The mishnah also discusses what the law is if damages ensue even if the person observed the rules set by the Sages; in this case there is a Tannaitic argument as to whether he is liable to pay or not.

One may not place an oven in the house - Inside his house, unless there are four amot above it - i.e., from the top of the oven (which was open to the fire inside and on which the cooking pot was placed) to the ceiling, so that the fire cannot ignite the ceiling and cause damage to his neighbor in the upstairs apartment (Rambam, Hil. Shekhenim 3:11). Others interpret this to refer even to a case where there is no upstairs neighbor, for the fire might cause damage to nearby neighbors (See Tosefot Yom Tov).

If one places it in an upper story - If one lives upstairs and wishes to place an oven there, there must be - Underneath the stove, a cement floor - a plastering of cement, Of three tefahim beneath it - So that the ceiling under the oven does not ignite. So too must there be four amot above the oven, as we learned above, and with a stove - which is smaller than an oven and where the fire inside is less intense, a tefah - a single tefah is sufficient underneath it. There are those who interpret this to mean that even above the small stove only a single tefah, space is required (Nimukei Yosef). If it caused damage - Even though one observed the required precautions, he must pay for the damage - Even though a person may be willing to build a stove with less than the required space above and below with the expressed intention of paying for any damages that may result, his neighbors can force him to observe the required distances because he may not have sufficient money to pay for damages should such occur (Rashi). R. Shimon says, They - the Sages, only stated these standards so that if he caused damage - After building his stove in accordance with the distances set by the Sages, he is free from paying - for the damage. The halakhah does not follow R. Shimon.

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