Babylonian Talmud

Rodkinson 1918 — source 20, scan section 72

nether and upper millstone transgresses a negative commandment and is gailty for two articles. There was a man who pledged a butcher knife from his debtor, etc , . 295-307 CHAPTER X. MiSHNAS /. TO VI. If one owns a house, the upper chamber of which belongs to another, and it falls. If the attic was ruined, and the owner of the house declined to repair it. When the tenant goes to dwell in the lower apartment, must the owner vacate it for the tenant, or should they dwell together ? Must the party doing the damage remove the cause of it, or must the injured party remove the cause of the damage ? One is re- sponsible for damage done to his fellow by things which come directly from him (though it is the obligation of every one to keep aloof from damaging things). A house with an attic, belonging to two persons, which becomes ruined ; the owner of the upper chamber requires the rebuilding, and the owner of the house refuses, etc. The same is the case with an olive-press which was placed under a garden, etc, A wall or a tree which falls sud- denly on a public thoroughfare and causes damage, etc. What time is fixed for such a case by the court ? The same is the case with a laborer who was told by his employer to take the articles with which he was engaged for payment. Whether looking gives title to an ownerless article or not, the Tanaim differ. One must not place his manure upon a public ground, un- less it is immediately taken away by those who want to use it. If a hewer of stones has transferred them to the polisher, and they cause damage while under his control, the latter is responsible. When two gardens were placed one above the other, and some herbs were grown between them, the upper one may use that which he can reach with his hand, provided he does not exert himself to reach them. This was reported to the King Sabura. . , . , , .^07-^i^ SYNOPSIS OF SUBJECTS OF TRACT BAB A BATH R A (LAST GATE). CHAPTER I. MiSHNAS /. TO ///. In case of dividing partnerships in a yard, where and of what the wall shall be built. Is overlooking another's property considered injurious ? Of what size the yard must be to be fit for division. May a prayer- house be taken apart before the new building is ready ? The legend of Herod the great with Simeon b. Shatuh. How Herod built the Temple without the consent of the Roman government. Concerning partitions, fences in partners' gardens, and valleys. May or may not one be compelled to join in the expenses offences if one's estate is surrounded by his neighbor's on three sides ? If there is a wall, and one of the owners claims that his neigh- bor did not bear his share of the expense. A debtor who says: I paid my debt before due. If the plaintiff demanded his money long after due. He who claims, " I have never borrowed," is to be considered as if he should say, "I have never paid." How and where is a parapet to be mad* and of what size ? If there were two courtyards one upon the other ; there were two tenants, and the roof of the lower one sank ; there was one who built a wall against the window of his neighbor, etc. Two brothers divided a bequest, a palace and a fine garden, and the latter built a wall on the edge of the garden. There was a note belonging to orphans, against which the other party showed a receipt, l-i6 MiSHNA JV. The sharing in the building of a gate to a courtyard as well as to a city wall. Who are obliged to pay taxes and duties of a city ? Rabbi opened his barns of grain in the years of famine, etc. How long must one dwell in a city to be taxed ? Charity must be collected by two persons and distributed by three. May one be pledged or not for charity ? Who of the poor must be investigated before support, and who supported immediately without inquiry ? What about one who begged from door to door ? The virtue of charity equals the sum of the virtues of all the other commandments together. " I was told by the child who was corrected by his mother," etc. The one who is doing charity secretly is greater than Moses our master. How is the verse, Prov. xxi. 21, to be understood ? Whosoever makes it his business to do charity will be blessed with sons having wisdom, wealth, etc. The discussion of Aqiba with Tarnusruphus. As the yearly household ex- penses for one are appointed (in Heaven) on each Rosh Hashana, so are his ff£ viii SYNOPSIS OF SUBJECTS. losses. Grace is charity which nears the redeeming, etc. How may the horn of Israel be raised ? Rabban Johanan b. Zakkai questioned his disciples as to the meaning of the verse, Prov. xiv. 34, etc. Iphra Hurmiz, the mother of King Sabur, sent four hundred dinars for charity to R. Ammi, etc. If one bought a tract of land, however small, he is considered a citizen immedi- ately, 16-32 MiSHNA y. Partners cannot compel each other to divide. This is the rule : If, after division, each part retains its former name, then one can com- pel his partner to divide. A yard must be divided in accordance with the doors, etc. The four ells which are allowed for each door are for unloading. If one of the inhabitants of an alley desires to open the door leading from his yard to another alley. Inhabitants of alleys who desire to make doors to the street may be prevented by the public. Prophecy was taken away from the prophets and was given to the wise, to lunatics, and children (how this is to be understood). There was a man who bought an estate near to the estate of his father-in-law (who had no male children). The law, "Either you concede or I concede," when is it applied ? The case of female slaves whom Huna bequeathed to his sons. May or may not the books of the Bible be bound together ? What must the size of the holy scrolls be .'' What was placed in the ark, and how. The order of the Prophets, and who wrote them ? Who was Job — an Israelite or a Gentile — and at what time did he exist, if he existed at all ? The legends about Satan and Job. Satan was more afflicted than Job himself, etc. Satan and Peninnah both intended (with their accusations) to please Heaven, etc. The explanation of the passages addressed out of the storm wind, etc., etc. Why was not Job doubly rewarded with daughters, as he was with sons and with all his property ? There are three to whom the Holy One, blessed be He, gave a taste of the world to come in this world. There are six whom the angel of death has not domi- nated. There are four who died without sin, .... 32-54 CHAPTER II. MiSHNAS 7. TO 7/7. How much space is to be left between one's property and another's ? For whom is it to remove himself from supposed injury, the supposed injurer or him who would be injured ? One must remove a pond for steeping flax from herbs, garlic from onions, and mustard from