Babylonian Talmud

Rodkinson 1918 — source 20, scan section 73

bees. Three spans space, and plastered with lime — arc both needed, or does one of them suffice ? Is one allowed to void his urine near the wall of his neighbor ? Under what circumstances one may or may not place an oven in a lower story of a house. Can one of the partners in a yard prevent his partner from establishing a store in it, or not ? At what age a child may be taken to school. The enactment of Joshua b. Gamla concerning teaching of children. In what circumstances the claim," You are cutting off my livelihood," applies? " I doubt whether an inhabitant of one alley can prevent one of another alley from competing with him." The legend of R. Dimi's dry figs. How much space is to be left from one wall to an opposite one, and how much to a window, ......... 5S~^7 MiSHNAS /v. TO X/I. To what distance a ladder must be removed from one's neighbor's pigeon-coop. The distance between a pigeon-coop and the city. If a case which we should judge by a majority would be diflferent if SYNOPSIS OF SUBJECTS. ix according to proximity, how is it to be judged ? How much space is to be left to the city when planting a fruit tree outside ; and how much to a wild one, to a carob, and to a sycamore. How much to barns, to cemeteries, and to tanneries. The Shekhinah occupies every place. The world is like a balcony without the fourth wah, etc. On what side of the city a tannery may be placed. He who desires to increase his wisdom shall recite his prayers towards the south, etc. To a well a distance of twenty-five ells must be left when planting a tree, etc. One must not plant a tree near his neighbor's field, etc. A tree which bears iruit to the measure of a kab is forbidden to be cut down. A tree which is within sixteen ells of the boundary of another's estate is considered robbery, etc. If the branches of a tree are inclined towards another's field, what is to be done ? The branches of a tree which overhang public ground may be cut off, so that a camel with its rider may pass freely, 67-82 CHAPTER III. MiSHNA /. The law of occupancy — to what it does and does not apply. Whence is it deduced ? What time is needed for it, and how a protest against it should be made. Must the three years of hazakah be interrupted ? Who testifies as to the occupancy of houses ? The many cases of occupied houses which the owners claimed, brought before different rabbis of the Amoraim who decided differently. If one claims, " It was from my parents," and the other claims the same. There was one who said : " I possessed a document but lost the true one, and this is a correct copy." There was another case similar concerning a hundred zuz in cash. It was murmured among people that Rabha b. Sharshum had appropriated land belonging to orphans, and Abayi sent for him. One snatched a piece of silver from his neighbor and the case was brought before R. Ami. There was a boat about which two parties quarrelled, each claiming that it was his. If each of the parties claim : "This estate belonged to my parents." If witnesses testify that the plaintiff has loaded a basket of fruit from this field on the shoulders of the defendant, the hazakah is effected immediately. Is ploughing a haza- kah, or not ? If one has made a hazakah on the trees and another upon the ground, has the owner of the trees a share in the ground ? . . 83-100 MiSHNAS //. AND ///. There are three lands concerning the law of haza- kah. If one runs away from a city because of crime, and one occupies his estate, the law of hazakah applies. How should one protest ? Is a protest not in one's presence to be considered ? Under what circumstances the court announces to the defendant that his property will be sold. How is it when he told them to write a deed of gift without an explanation ? A haza- kah to which there is no claim is not to be considered. How so ? What happened to Anan and Kaliana, who placed tlieir fences on others' estates. If the father has consumed one year and his son two, or 2/ice versa, or each of them one year and tlie buyer from them one year, is it considered a hazakah ? The law of hazakah does not apply to specialists, farmers, etc. May one who is supposed to be interested in a case be a witness ? Has one a right to say : " I cut myself off from this estate entirely " ? If A has robbed B of a field and has sold it to C, then D comes with a claim, has B then any right to be a witness for C ? If one sold a field to his neighbor without X SYNOPSIS OF SUBJECTS. security, he has no right to qualify as a witness concerning it. The an- nouncement of Rabha or Papa about an article which a Gentile takes away from an Israelite. If one has given his garment to a specialist, the latter claiming two zuz and the owner one. If one has exchanged his utensils for another's in the house of a specialist, etc. " Come and I will tell you what the swindlers of Pumbeditha are doing." May a gardener be taken as a witness in case of a claim, or not ? A robber — neither he nor his son has hazakah, but his grandson has. A specialist or a gardener who has ceased his profession, a son who was separated from his father, and a woman who was divorced — all ot them are considered, in a case of hazakah, with men in general. If one sold his estate by duress, the sale is valid. Why so ? Tabba hanged Pappi on a tree, to compel him to sell him his field. If wit- nesses testify they signed a note whose amount was not yet paid, but was prepared by the borrower in case he should find some one who would make him the loan. "I did so only with the intention of pleasing my husband, but not with the intention of selling it." Is there no occupancy in the estate of a married woman ? If one borrowed from his bondsman and encumbered his estate for him by a document, and afterwards he freed him ? One must not accept bailments from women, slaves, or children. If one who was the business man of the house, and the bills of sale and notes were in his name, claims : " All this is my own " — what should be the evidence ? Concerning a gift or an inheritance of brothers. Is it not the duty of every Israelite to save the property of his neighbor from damage when seeing danger is near ? There cannot be a better hazakah than lifting up, as this act gives title to one in everything. The estate of idolaters, if sold to an Israelite, and the latter has not made a hazakah on it, it is like a desert. If an Israelite buys a field from a Gentile and another Israelite comes and takes possession of it (before the bill of sale reaches the buyer). " I was told by the Exilarch Uqban the following three things : (a) That the law of the government should be respected as a law of the Torah," etc., . . . 100-134