Torah Community Connections

Week 105 - Thursday - 29 November 2001

BAVA BATRA: CHAPTER 2: MISHNAH 7

One places a tree twenty-five amot distant from the city, and in the case of a carob or a sycamore - fifty amot. Abba Shaul says, Every tree which bears no fruit - fifty amot. If the city preceded, he cuts it down and pays no money; and if the tree preceded, he cuts it down and pays money; if it was in doubt whether this one preceded or that one preceded he cuts it down and does not pay money.

Kehati

Following mishnah 5 above that dealt with the need to place a dovecote at a distance from the city, mishnayot 7-9 deal with the removal of other objects from the city, either because they spoil the appearance of the city or because they may cause damage to residents. The present mishnah specifies that a person wishing to plant trees on the outskirts of a city must leave a certain amount of open space between the city and the trees, so as to maintain the good appearance of the city. If trees are found within the area meant to be left open, they are uprooted by the city residents.

One places a tree twenty-five amot distant from - the outskirts of the city; so as to leave an open space all around it and thus beautify the city (Gemara and Rashi). And in the case of a carob or a sycamore - whose branches spread over a wide area, fifty amot away from the city.

Abba Shaul says, Every tree which bears no fruit - must be placed fifty amot - distant from the outskirts. If - the construction of the city preceded - the planting of the tree; i.e., the tree was planted close to the city illegally, he - the residents of the city, cuts it down - the tree and pays no money - to the owner of the tree as this was planted illegally.

And if the tree preceded - the construction of the city, he cuts down - the tree and pays money - to the value of the tree to its owner. The Gemara notes the order "cuts down and pays" in the mishnah, and states that the tree is first cut down and only thereafter the owner claims to be paid. For, if the owner of the tree could prevent its cutting down until he was paid, they would never cut it down. This, because a dish belonging to partners is neither hot nor cold. I.e., since the tree's owner is to receive his money from the city's treasury - which is "a dish of partners," were he to delay cutting down the tree until they pay, the tree would long remain standing because those employed in the affairs of the town rely upon each other, and the tree owner does not press them. We therefore cut it down first and the tree owner will then claim his due in court.

If it was in doubt whether this one preceded or that one preceded - If it is uncertain whether the tree came first or the city, he cuts it down - the tree regardless, because in either event the tree is to be cut down, as above, and does not pay money - The city's residents do not pay for the tree unless its owner can prove that the tree had been there first, for the onus of proof is on the person who claims he is owed money.

BAVA BATRA: CHAPTER 2: MISHNAH 8

One places a permanent threshing floor fifty amot distant from a city. One may not make a permanent threshing floor within his own, unless he has fifty amot in every direction; and he must site it far from another's saplings or plowed land, so as not to cause damage.

Kehati

This mishnah teaches that one may not situate a permanent threshing floor close to a city or to the fields of others, as the chaff can cause damage. There are two types of threshing floor: a permanent one, with a large heap of grain, where the grain is regularly winnowed with a win-flowing shovel; and a provisional threshing floor, where there is much less grain and the chaff is simply carried away by the wind. A provisional threshing floor does not need to be placed at a distance, as it causes negligible damage.

One places a permanent threshing floor fifty amot distant from - the outskirts of a city - because of the damage caused by the chaff to the city residents. Similarly, one may not make a permanent threshing floor within his own - property, unless he has fifty amot in every direction - i.e., that he owns all the property within a radius of fifty amot from the threshing floor.

And he must site it far from another's saplings or plowed land so as not to cause damage - The Gemara explains that this last section explains the first part of the mishnah. Why is a person not permitted to set up a permanent threshing floor? Because the chaff causes damage to people's saplings and plowed land, by drying the young trees and spoiling the plowed land.

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