Mishnah 1
1)
The Mishnah forbids Reuven to build a Bor close to Shimon's. What is the definition of 'Bor'?
How far away from Shimon's pit must he dig it?
In fact, he is obligated to distance his pit (not from the actual pit itself, but) from the wall of the pit. What is the minimum width of a pit?
What is therefore the distance between the two actual pits?
1)
The Mishnah forbids Reuven to build a 'Bor' - (a round pit) close to Shimon's.
He must dig it - at least three Tefachim from Shimon's pit.
In fact, he is obligated to distance his pit (not from the actual pit itself , but) from the wall of the pit - which is at least, three Tefachim wide.
Consequently, the distance between the two actual pits is - six Tefachim.
2)
Neither is he allowed to build a Si'ach, a Me'arah or an Amas ha'Mayim (a stream of water) close o Shimon's wall. Which wall is the Tana referring to?
What is the definition of 'Si'ach"?
Which fifth item does the Tana add to the list?
How close to Shimon's field is he permitted to dig it?
In all the above cases, what must he still do after building his pit in the correct location?
What is the reason for the current prohibitions?
2)
Neither is he allowed to build a Si'ach, a Me'arah (a cave) or an Amas ha'Mayim (a stream of water) close to the wall - of Shimon's pit (See Tos. Yom-Tov).
The definition of 'Si'ach" is - a trench.
The fifth item on the Tana's list is - a square laundry-pool (See Tos. Yom-Tov).
He is permitted to dig it - not less than three Tefachim from Shimon's field.
In all the above cases, after building his pit in the correct location - he is still obligated to cement whatever he has built with lime (See Tos. Yom-Tov DH 'mi'Kosel Chavero' & ve'Sad ba'Sid').
The reason for the current prohibitions is - because by digging a pit (or whatever) so close to Shimon's, he weakens the earth in between the pits, effectively damaging the wall of Shimon's pit.
3)
What will the Din be regarding Reuven building a pit on the border of his field with Shimon, if Shimon has not yet built a wall there?
Why is that?
3)
Reuven is not allowed to build a pit on the border of his field with Shimon, even if Shimon has not yet dug a pit there ...
... since he may well dig one at any time.
4)
The same conditions will apply if Reuven has a stock of Gefes, manure, salt or lime in the vicinity of Shimon's wall. What is 'Geffes'?
Which other item does the Tana add to this list?
What is the reason for the prohibition?
What must he do here too, even though he has distanced himself three Tefachim?
4)
The same conditions will apply if Reuven has a stock of Gefes - the waste of pressed olives, manure, salt or lime in the vicinity of Shimon's wall.
The other item the Tana adds to this list is - hard (flint-stones [See Tos. Yom-Tov).
The reason for this prohibition is - because they tend to weaken the earth next to the wall (See Tos. Yom-Tov).
Here too, even though he has distanced himself three Tefachim - he is obligated to cement the earth in between with lime (See Tos. Yom-Tov).
5)
The next set of items on the list are seeds, plowing and urinating, all of which require a distance of three Tefachim. Does it make a difference whether he is plowing in order to plant seeds or to plant trees?
When the Mishnah forbids Reuven to urinate within three Tefachim of Shimon's wall, it is referring to a brick wall. What will be the Din regarding a wall made of ...
... stones?
... hard stones (i.e. rock)?
5)
The next set of items on the list are seeds (See Tos. Yom-Tov), plowing (See Tos. Yom-Tov) and urinating, all of which require a distance of three Tefachim. Plowing is forbidden - irrespective of whether it is in order to plant seeds or to plant trees.
When the Mishnah forbids Reuven to urinate within three Tefachim of Shimon's wall, it is referring to a brick wall. If it is a wall made of ...
... stones - then he is obligated to distance only one Tefach, and if it is made of ...
... hard stones (i.e. rocks) - it is not necessary to distance oneself from the wall at all.
6)
The Mishnah now discusses a mill, which comprises two parts, 'Shechev' and 'Rechev'. What is the difference between them?
How does Reuven's mill cause damage to Shimon's, if he builds it too close.
How do they differ in width?
How far must Reuven therefore distance his Shechev from Reuven's ...
... Shechev?
... Rechev?
6)
The Mishnah now discusses a mill, which comprises two parts, 'Shechev' - the lower millstone, and 'Rechev' - the upper millstone.
Reuven's mill cause damage to Shimon's, if he builds it too close because the vibration of the mill is bad for the wall adjacent to it.
The former is one Tefach wider than the latter (See Tos. Yom-Tov).
Consequently, Reuven must distance his Shechev from Reuven's ...
... Shechev - three Tefachim, and from his ...
... Rechev - four.
7)
In similar vein, with regard to an oven, what is the definition of ...
... 'Kalya'?
... 'Safah'?
What is the problem with someone building his oven too close to his neighbor's wall?
If Reuven is therefore obligated to distance the Kalya of his own oven three Tefachim from the Kalya of Shimon's oven, how far must it be from the Safah?
7)
In similar vein, with regard to an oven, the definition of ...
... 'Kalya' is - the base of the oven (which is made of cement and stones [See Tos. Yom-Tov]).
... 'Safah' - is the upper section of the base on which the oven rests.
The problem with someone building his oven too close to his neighbor's wall is that the heat of the oven will damage the wall.
If Reuven is therefore obligated to distance the Kalya of his own oven three Tefachim (See Tos. Yom-Tov) from the Kalya of Shimon's oven, it must be four Tefachim from the Safah.
Mishnah 2
8)
If Reuven places an oven in his ground-floor apartment, how much distance is he obligated to leave between the top of the oven and the ceiling?
Why is that?
What, on the other hand, must Shimon do, if he places an oven on his upper-story apartment, to ensure that he does not burn a hole in Reuven's ceiling?
For a Tanur, Shimon must make a base of three Tefachim. What is the difference between a Tanur and a Kirah?
How deep a base must he make for a Kirah?
8)
If Reuven places an oven in his ground-floor apartment, he is obligated to leave - a space of four Amos between the top of the oven and the ceiling ...
... to prevent the fire in the oven from burning a hole in the ceiling (and damaging Shimon's floor).
On the other hand, must do, if Shimon places an oven on his upper-story apartment(See Tos. Yom-Tov), to ensure that he does not burn a hole in Reuven's ceiling - he must build a cement base to his oven.
For a Tanur, Shimon must make a base of three Tefachim. The heat of a Kirah, rends to be less hot than that of a Tanur (See Tos. Yom-Tov)
Consequently, its base, only needs to measure one Tefach in height.
9)
What will be the Din, according to the Tana Kama, if Shimon does make the required base to his oven, but it nevertheless burn a hole in the floor (i.e. Reuven's ceiling)?
That being the case, on what grounds can Reuven object if Shimon sets up his oven without the required base? Why can Shimon not counter that seeing as in any case, he will be obligated to pay if his oven burns a hole in Reuven's ceiling, what difference does it make to him?
What does Rebbi Shimon say?
Like whom is the Halachah?
9)
According to the Tana Kama, if Shimon does make the required base to his oven, but it nevertheless burns a hole in the floor (i.e. Reuven's ceiling) - Shimon is nevertheless Chayav to pay.
Nevertheless, Reuven is entitled to object if Shimon sets up his oven without the required base, and Shimon cannot counter that seeing as in any case, he will be obligated to pay if his oven burns a hole in Reuven's ceiling, what difference does it make to him - because he can argue that Shimon may be unable to pay.
According to Rebbi Shimon - the reason that the Chachamim gave these Shi'urim was in order to exempt the Mazik from paying should he adhere to them.
The Halachah is - like the Tana Kama.
Mishnah 3
10)
What does the Mishnah say about Reuven opening a baker's store or one that sells dyes underneath Shimon's store-house (of fruit)?
Why is that?
Why does the Tana forbid opening a stable in the same area (See Tos Yom-Tov)?
10)
The Mishnah - forbids Reuven to open a baker's store or one that sells dyes underneath Shimon's store-house (of fruit) ...
... because the hot air is harmful to the fruit.
And the reason that the Tana also forbids opening a stable in the same area (See Tos Yom-Tov) is - because of the smell.
11)
Why is Reuven permitted to do open a baker's store underneath Shimon's storehouse of wine (in Eretz Yisrael)?
What is the significance of the word 'be'Emes' with which the Tana opens this ruling?
On what condition is even the latter forbidden?
What is Reuven not permitted to open underneath Shimon's storehouse of wine?
11)
Reuven is permitted, however, to open a baker's store ... underneath Shimon's storehouse of wine (in Eretz Yisrael) - because the smoke and the heat that emanate from it actually improve the quality of the wine.
The significance of the word 'be'Emes' with which the Tana opens this ruling is - that it is absolute Halachah.
Even the latter is forbidden however - in places where the heat is known to harm the wine.
Reuven is not permitted to open - a stable underneath Shimon's storehouse of wine (See Tos. Yom-Tov).
12)
On what grounds can the other residents of a Chatzer object, if one of them wants to open a store in the Chatzer?
What must a manufacturer of vessels therefore do if he wants to sell his vessels?
What does the Mishnah say about the residents complaining about the noise of the banging of the manufacturers hammer or of a mill-owner's millstone grinding?
12)
The other residents of a Chatzer object, if one of them wants to open a store in the Chatzer (See Tos. Yom-Tov) - because they can claim that they cannot sleep on account of the noise made by the clients going in and out of the Chatzer.
A manufacturer of vessels who wants to sell his vessels - must therefore open a stall in the market and sell them there.
The Mishnah rules - that the other residents are not entitled to complain about the noise of the banging of the manufacturers hammer or of a mill-owner's millstone grinding (See Tos. Yom-Tov).
13)
Why can the other residents not object to the noise that the children will make, if one of them wants to open a Cheder?
What if he wants to open a school to teach children a trade or profession?
13)
The other residents cannot object to the noise that the children will make, if one of them wants to open a Cheder - because it is a Mitzvah to teach children Torah, and the more Chadarim that open, the more the Kavod of the Torah is enhanced.
They can object however - if he wants to open a school to teach children a trade or profession.
Mishnah 4
14)
The Mishnah now discusses a case where Reuven builds two walls in the shape of a Greek 'Ga'm' next to Shimon's field. What is a 'Greek Ga'm'?
What does the Tana say he must do in the event that he wants to add a third adjoining wall (inside his field) to form a 'Ches'?
This is in order to make it easy for people to walk in the area between the two walls. What difference will it make if they do?
This ruling is confined to the wall of a garden and sometimes to the wall of a Chatzer. On what condition will it apply to the latter?
14)
The Mishnah now discusses a case where Reuven builds two walls in the shape of a Greek 'Ga'm' - (like two adjacent sides of a square) next to Shimon's field.
In the event that he wants to add third adjoining wall (inside his field) to form a 'Ches', the Tana rules - that he must build it at least four Amos away from the wall that is parallel to it (See Tos. Yom-Tov DH 'Mi she'Hayah').
This is in order to make it easy for people to walk in the area between the two walls - because trampling on the earth in the vicinity of Shimon's wall hardens the earth and strengthens the foundations of the wall (See Tos. Yom-Tov DH 'Ela im-Kein ... ').
This ruling is confined to the wall of a garden and sometimes to the wall of a Chatzer. It will apply to the latter - if the town has only recently been built and its earth has not yet been trodden in.
15)
On what other condition (in connection with Shimon's wall) is Reuven not obligated to distance the third wall four Amos from the first one?
Why is that?
15)
Neither is Reuven obligated to distance the third wall four Amos from the first one - if Shimon's wall is less than four Amos long ...
... because a wall that short does not need to be strengthened.
16)
What must Reuven do if he builds a wall parallel to a wall belonging to Shimon which has windows that are ...
... higher than his wall?
... lower than his wall?
What is the reasons for these rulings?
And what he be careful to do if Shimon's windows are facing his wall?
Why is that?
16)
If Reuven builds a wall parallel to a wall belonging to Shimon which has windows (See Tos. Yom-Tov) that are ...
... higher than his wall - he must make sure that the top of the wall is more than four Amos below Shimon's window.
... lower than his wall - he must make sure that it is four Amos higher than it ...
... so as not to be able to peer into his courtyard (See Tos. Yom-Tov DH 'mi'Lematan').
And if Shimon's windows are facing his wall he must be careful - to leave a space of at least four Amos between the two walls ...
... in order not to block out the sun-light from Shimon's window (See Tos. Yom-Tov).
Mishnah 5
17)
Why is Reuven obligated to distance his ...
... ladder four Amos from Shimon's dove-cot?
... wall from Shimon's (horizontal) drain-pipe?
How far is a person Chayav to distance his dove-cot from the city?
Why is that?
17)
Reuven is obligated to distance his ...
... ladder four Amos from Shimon's dove-cot - to prevent martens from using the it to catch doves from the dove-cot (See Tos. Yom-Tov).
... wall four Amos (See Tos. Yom-Tov) from Shimon's (horizontal) drain-pipe - in order to allow the latter to place a ladder against his roof to repair his drain-pipe or to clean out, when necessary (See Tos. Yom-Tov DH 'K'dei she'Yehei ... ').
A person is Chayav to distance his dove-cot - fifty Amos from the city ...
... to prevent his doves from eating the seeds from the roofs (See Tos. Yom-Tov) in the city.
18)
How much space must Reuven leave in all directions when placing a dove-cot in his own property?
What is the reason for that?
18)
When placing a dove-cot in his own property, Reuven must leave - fifty Amos in all directions ...
... so that his doves do not destroy the crops growing in the neighboring fields (See Tos. Yom-Tov).
19)
What does Rebbi Yehudah mean when he says 'Beis Arba'as Kurin'?
How many Sa'in are there in a Kur?
What is the significance of 'Beis Arba'as Kurin'?
What if, when Reuven purchased the field containing the dove-cot, it was surrounded by an area of only a quarter of a Kav?
Like whom is the Halachah?
19)
When Rebbi Yehudah says 'Beis Arba'as Kurin', he means - that Reuven is obligated to leave a Kur on each direction.
There are - thirty Sa'in in a Kur (See also Tos. Yom-Tov).
'Beis Arba'as Kurin' is - the distance a dove flies at one time (See Tos. Yom-Tov).
If, when Reuven purchased the field containing the dove-cot, it was surrounded by an area of only a quarter of a Kav - then he may rely on the Chazakah of the previous owner.
The Halachah is - like the Tana Kama.
Mishnah 6
20)
The Mishnah now discusses a Nipul that one finds in the vicinity of a dove-cot. What is a 'Nipul'?
Up to what distance from Reuven's dove-cot does a Nipul that one finds belong to the owner of the dove-cot?
What happens to a Nipul that one finds beyond that?
20)
The Mishnah now discusses a Nipul - (a young dove that fell from the dove-cot, and that cannot yet fly [See Tos. Yom-Tov]) that one finds in the vicinity of a dove-cot.
One that one finds within fifty Amos of a dove-cot belong to the owner of the dove-cot.
A Nipul that one finds beyond that point - one may keep (See Tos. Yom-Tov).
21)
When does the Nipul that one finds between the dove-cots of Reuven and Shimon belong to ...
... Reuven?
... Shimon?
What if they are exactly in the middle?
On what condition does it belong to neither of them?
21)
The Nipul that one finds between the dove-cots of Reuven and Shimon belongs to ...
... Reuven - if it is nearer to his dove-cot (See Tos. Yom-Tov & Tiferes Yisrael), and to ...
... Shimon - if it is nearer to his.
If it is exactly in the middle - then they divide it.
It belong to neither of them - if it is found at a distance of more than fifty Amos from both dove-cots.
Mishnah 7
22)
According to the Tana Kama, how far away from the town must one distance one's trees?
Why is that?
What is the equivalent Shi'ur for a carob-tree or a Shikmah (wild-fig)-tree?
Why are they different?
22)
According to the Tana Kama, one must distance one's trees - twenty-five Amos from the town ...
... for aesthetic reasons (See Tos. Yom-Tov).
The equivalent Shi'ur for a carob-tree or a Shikmah (wild-fig)-tree is - fifty Amos ...
... because they have many branches.
23)
What does Aba Shaul say about all non fruit-bearing trees?
Why is that?
What must the owner do if the tree is planted in an area that is forbidden?
On what condition must the residents of the town recompense him for his loss (See Tos. Yom-Tov)?
What if it is a Safek as to which was there first?
23)
Aba Shaul givers the Shi'ur for all non fruit-bearing trees as - fifty Amos (See Tos. Yom-Tov) ...
... because it is degrading for a town (in Eretz Yisrael) to have trees that do not bear fruit in the vicinity of a town.
If the tree is planted in an area that is forbidden - the owner must cut it down.
The residents of the town are obligated to recompense him for his loss (See Tos. Yom-Tov) - if the tree pre-dated the town.
If it is a Safek as to which was there first - then they are Patur (due to the principle 'ha'Motzi me'Chavero, alav ha'Re'ayah')
Mishnah 8
24)
The Mishnah now discusses the Din of a Goren Kavu'a (a 'permanent granary'). What is the definition of a ...
... 'Goren Kavu'a'?
... 'Goren she'eino Kavu'a'?
How far must the owner distance a Goren Kavu'a from the town?
Why is that?
By the same token, on what condition is one permitted to set up a granary on one's property?
24)
The Mishnah now discusses the Din of a Goren Kavu'a (a 'permanent granary'). A ...
... 'Goren Kavu'a' is - a granary that handles a large pile of grain that needs to be winnowed on a board.
... 'Goren she'Eino Kavu'a' is - one which handles a small pile of grain that the wind winnows as it lies on the ground (See Tos. Yom-Tov).
The owner must distance his Goren Kavu's - fifty Amos from the town ...
... so that, when he winnows, the chaff should not cause damage to the people's property.
By the same token, one is permitted to set up a granary on one's property - provided there is a space of fifty Amos in all directions (between the granary and his neighbors' fields).
25)
What does the Mishnah say about distancing oneself from one's neighbor's saplings and Nir (furrows)?
What exactly is 'Nir'?
Why does the Tana see fit to add 'K'dei she'Lo Yazik'?
25)
The Mishnah obligates the owner to distance oneself from one's neighbor's saplings and Nir (furrows [See Tos. Yom-Tov]).
'Nir' is - the plowing that takes place in the summer to destroy the roots of weeds and unwanted plants.
The Tana sees fit to add 'K'dei she'Lo Yazik' - as the reason for the current ruling (See also Tos. Yom-Tov).
Mishnah 9
26)
What else, besides carcasses and graves, must one distance at least fifty Amos from the town?
What is the reason common to all three?
According to the Tana Kama, one should only make a tannery on the east side of the town. Why is that?
On what condition can even an east-wind cause havoc?
26)
Besides carcasses and graves, one must distance - a tannery at least fifty Amos from the town.
The reason common to all three is - the stench.
According to the Tana Kama, one should only make a tannery on the east side of the town - because it is the most gentle of all the winds (in which case it will not carry the smell to the town) ...
... unless it comes as a punishment, in which case it is perfectly capable of causing havoc (See Tos. Yom-Tov DH 'Ela le'Mizrach ... ').
27)
On which side of the town does Rebbi Akiva forbid making a tannery?
Why is that?
How far does he require the tannery to be from the town if it is made in any of the three other directions?
Like whom is the Halachah?
27)
Rebbi Akiva forbids making a tannery - on the west-side ...
... because 'The Shechinah is in the west' (See Tos. Yom-Tov), and that is the direction that one faces when Davening the Amidah.
If one makes the tannery on any of the three other sides - he requires it to be fifty Amos from the town (like the Tana Kama on the east).
The Halachah is - like the Tana Kama.
Mishnah 10
28)
What does the Tana Kama say about ...
... soaking flax near vegetables?
... Kerisin near onions (What are 'Kerisin')?
... mustard-seeds near a bee-hive?
What is the reason for ...
... the flax and the leek?
... mustard-seeds?
On what grounds does Rebbi Yossi permit planting mustard-seeds near a beehive?
28)
The Tana Kama rules that one may not ...
... soak flax near vegetables ...
... 'Kerisin' (leek) near onions or ...
... mustard-seeds near a bee-hive (See Tos. Yom-Tov)
The reason for ...
... the flax and the leek is - because they are harmful to vegetables and onion, respectively.
... mustard-seeds is - because they add a sharp taste to the honey produced by the bees.
Rebbi Yossi permits planting mustard-seeds near a beehive - beause he can say to the bee-owner 'Instead of telling me to move my mustard-seeds away from your bees, why don't you move your bees away from my mustard-seeds, which your bees are eating?' (See Tos. Yom-Tov DH 've'es ha'Chardal').
Mishnah 11
29)
How far must Reuven distance his tree from Shimon's pit?
What is the equivalent Shi'ur for a carob and Shikmah tree?
Why is that?
What does the Mishnah mean when it adds 'bein ni'Lema'alah, bein mi'Lematah bein min ha'Tzad'?
29)
Reuven must distance his tree - twenty-five Amos from Shimon's pit ...
... and his carob and Shikmah tree - fifty Amos ...
... because they have more roots than other trees.
When the Mishnah adds 'bein ni'Lema'alah, bein mi'Lematah bein min ha'Tzad', it means - that this Halachah applies irrespective of whether the tree is higher or lower than the pit or whether it is on the same plain (See Tos. Yom-Tov).
30)
If Shimon's pit was there first, Reuven is obligated to cut down his tree immediately, and Shimon has to pay for the loss (See Meleches Sh'lomoh). What will be the Din if ...
... the tree was there first?
... they do not know which was there first?
This is the opinion of the Tana Kama. What does Rebbi Yossi say?
Why is that?
Like whom is the Halachah?
30)
If Shimon's pit was there first, Reuven is obligated to cut down his tree immediately and Shimon has to pay Reuven for the loss (See Meleches Sh'lomoh). If ...
... the tree was there first, or ...
... they do not know which was there first, Reuven is not obligated to cut it down.
This is the opinion of the Tana Kama. According to Rebbi Yossi - Reuven is not obligated to cut down his tree even if the pit preceded the tree ...
... since each one is working in his own domain (See Tos. Yom-Tov).
The Halachah is - like Rebbi Yossi.
Mishnah 12
31)
How far is Reuven obligated to distance his tree from Shimon's ...
... cornfield?
... orchard?
What is the reason for this ruling?
What are we concerned that he will otherwise do?
What if it ...
... a fruit-tree other than a vine?
... a non fruit-bearing tree?
31)
Reuven is obligated to distance his tree and Shimon's ...
... cornfield and from his ...
... orchard - four Amos ...
... the space that is needed to work his vineyard (with his oxen and cart) ...
... and we are concerned that he will otherwise enter Shimon's field in order to work it (See Tos. Yom-Tov).
The same will apply to ...
... a fruit-tree other than a vine, but not to ...
... a non fruit-bearing tree.
32)
What will be the equivalent Din in countries such as Bavel, where the plows tend to be smaller than those of Eretz Yisrael?
If that is the Din with regard to an orchard next to an orchard or a vineyard next to vineyard, what will be the Din regarding planting an orchard beside a vineyard or vice-versa?
32)
The equivalent Din in countries such as Bavel, where the plows tend to be smaller than those of Eretz Yisrael - is that Reuven must leave a distance of at least two Amos between his tree and Shimon's field.
That is the Din with regard to an orchard next to an orchard or a vineyard next to vineyard, as far as planting an orchard beside a vineyard or vice-versa however - Reuven must leave four Amos just like in Eretz Yisrael (See Tos. Yom-Tov).
33)
On what condition is Reuven permitted to plant his fruit-tree right up to the border of Shimon's tree?
What does the Mishnah say about a case where the roots of Reuven's tree are growing into Shimon's field?
Why is that necessary?
33)
Reuven is permitted to plant his fruit-tree right up to the border of Shimon's tree - if there is a wall in between.
The Mishnah rules that if the roots of Reuven's tree are growing into Shimon's field - Shimon is permitted to sever them up to a depth of three Tefachim ...
... to prevent them from interfering with his plow (See Tos. Yom-Tov).
34)
What does the Tana say if Shimon wants to dig a pit, a trench or a cave at that spot, if it is more that sixteen Amos away from the tree?
What if it is closer than that?
What is the reason for this distinction?
34)
If Shimon wants to dig a pit, a trench or a cave at that spot - the Tana permits him to sever the roots and to retain them, provided it is more that sixteen Amos away from the tree.
If it is closer than that - the roots belong to Reuven ...
... because up to sixteen Amos, the roots still nurture from the tree (but not beyond that).
Mishnah 13
35)
If the branches of Reuven's tree overhang into Shimon's field, the Mishnah permits the latter to cut off the branches up to the height of M'lo ha'Marde'a. What is a 'Marde'a'?
What does the Tana now mean (See Tiferes Yisrael)?
What if it is a carob or a Shikmah tree?
The Mishnah actually says 'ke'Neged ha'Mishkoles'. What is 'Mishkoles'?
Why is the Din of these two trees more stringent than of other trees?
35)
If the branches of Reuven's tree overhang into Shimon's field, the Mishnah permits the latter to cut off the branches up to the height of M'lo ha'Marde'a. 'Marde'a' - is the long handle of the plow (with which the owner guides the plow).
What the Tana now means is - that there is space for Shimon to carry the Marde'a past that spot (See also Meleches Shlomoh).
If it is a carob or a Shikmah tree - then he has the authority to sever all the branches that protrude into his field.
The Mishnah actually says 'ke'Neged ha'Mishkoles'. 'Mishkoles' is - a plummet (a long string with a weight at the end, used by builders).
The Din of these two trees is more stringent than of other trees - because they cast more shade than them, and excessive shade is detrimental to the field.
36)
The Mishnah issues a different ruling in the event that Shimon's field (into which the branches of Reuven's tree are overhanging) is a Beis ha'Shalachin'. What is a 'Beis-ha'Shalachin'?
What does the Mishnah rule there?
Why is that?
What does Aba Shaul say?
Like whom is the Halachah?
36)
The Mishnah issues a different ruling in the event that Shimon's field (into which the branches of Reuven's tree are overhanging) is a Beis ha'Shalachin' - 'a dry field that needs to be watered manually.
The Mishnah rules there - that he may cut off all the branches 'ke'Neged ha'Mishkoles' ...
... because all shade is detrimental in a Beis-ha'Shalachin (See Tos. Yom-Tov).
Aba Shaul - permits Shimon to sever all branches of non fruit-bearing trees that overhang into his field ('ke'Neged ha'Mishkoles').
The Halachah is - like the Tana Kama.
Mishnah 14
37)
Up to what height must Reuven sever the branches if the branches of his tree overhang into the street, according to the Tana Kama?
Rebbi Yehudah is less stringent. What does he say?
Why does he not contend with the rider?
37)
Up to what height must sever the branches If the branches of Reuven's tree overhang into the street, according to the Tana Kama must sever the branches up to the height of a passing camel with its rider (See Tos. Yom-Tov).
Rebbi Yehudah, who is less stringent - requires only up to the height of the camel laden with flax or with bundles of branches.
He does not contend with the rider - who is able to duck underneath the branch as the camel passes.
38)
Rebbi Shimon obligates Reuven to cut off all the branches that overhang the street ('ke'Neged ha'Mishkoles') 'because of Tum'ah'. What does he mean by that?
Like whom is the Halachah?
38)
Rebbi Shimon obligates Reuven to cut off all the branches that overhang the street ('ke'Neged ha'Mishkoles') 'because of Tum'ah' - in case at some stage, there is a piece of Meis lying underneath it, rendering Tamei anyone who passes that spot.
The Halachah is - like the Tana Kama.
