Babylonian Talmud: Tractate Baba Bathra

Folio 20a

Or if you like I can say that its mouth is turned outwards, and here we are speaking of a jar of metal.³  A [further] objection was raised [against the rule from the following]: Grass which has been plucked up and placed in the window or which has grown there of itself, rags less than three-by-three handbreadths,⁴  a limb or flesh hanging from an animal, a bird nesting in the window, a non-Jew sitting in the window or a child born at the eighth month which has been placed there, salt, an earthenware vessel, or a scroll of the Law-all these narrow the window space.⁵  On the other hand, snow, hail, ice, hoar frost and water do not narrow the window space.⁶  Now 'grass' is food for cattle?⁷  — We speak here of poisonous grass.⁸  'Or which has grown there' of itself — will it not be removed as injurious to the wall?⁹  — Rabbah said: We speak here of the wall of a ruin. R. papa said: The rule applies even to the wall of an inhabited place. where the grass springs up from more than three handbreadths distance from the window.¹⁰  'Rags' are useful for mending clothes? — We speak of thick rags. These are useful for a blood-letter?¹¹  — We speak of sacking. If the Baraitha speaks of sacking, it should say 'less than four by four,'¹²  not 'three by three'? — It means, rough like sacking. 'A limb or flesh hanging from an animal.' Will not the animal go away? — We suppose it to be tied. But it can be killed [for food]? — We suppose it to be an unclean animal. In that case it can be sold to a non-Jew? — We suppose it to be too scraggy. In that case he can cut off the limb and throw it to the dogs? — As this would cause pain to a living creature, he would not do so. 'A bird-nesting in the window' — will it not fly away? — We suppose it to be tied. Then he will kill it [for food]? — We suppose it to be unclean. Then he will sell it to a non — Jew? — We suppose it to be a kallanitha.¹³  Then he will give it to a child? — It will scratch. A kallanitha does not scratch? — We mean, as scraggy as a kallanitha. 'A non-Jew¹⁴  sitting in the window' — will he not get up and go? — We suppose him to be tied there. Then some one will come and untie him? — We suppose him to be leprous. Another leper will come and loosen him? — We suppose he is a prisoner of the Government. Or 'a child born in the eighth month¹⁵  placed in the window.' Will not its mother come and lift it up? — We assume it is on the Sabbath, [when she may not lift him], as it was taught: A child born at eight months is on a par with a stone and may not be carried on Sabbath, but his mother may bend over him and give him suck for the sake of her health.¹⁶  'Salt' is useful? — We speak of bitter salt. This is useful for preparing skins [for tanning]? — We suppose there are thorns in it. But since it is injurious to the wall it will be taken away? — We suppose it to be resting on a piece of earthenware. But this itself will form a partition? —

1. I.e., it does not communicate uncleanness from the room where the dead body is to the adjoining room, and therefore it should form a partition.
2. Towards the room where the dead body is. and through its mouth it communicates uncleanness to the adjoining room.
3. Which is liable to communicate uncleanness from its outside as well as inside.
4. I.e., too small to be themselves capable of receiving uncleanness.
5. And so can serve to prevent the uncleanness from penetrating into the next room.
6. Tosef. Oh. XIV.
7. Why then should it be reckoned as narrowing the window space?
8. Heb. Afrazta. St. John's wort.
9. And since it is liable to be removed at any moment, we should count it as non-existent.
10. In which case it is not injurious to the wall and is not likely to be removed.
11. For staunching the blood or wiping away stains.
12. Because for the purposes of being subject to uncleanness, the minimum size of sacking is four handbreadths by four, not three by three as in the case of cloth.
13. An unknown bird, which obviously must have been very scraggy.
14. A non-Jew is not subject to uncleanness.
15. A child born at eight months is not considered viable and thus is not subject to uncleanness.
16. Lit. 'danger', arising from an undue pressure of milk in her breasts.

Rab said: A partition may be made with anything save salt⁴  and grease.⁵  Samuel said: Even with salt. R. papa said: There is no conflict between them [Rab and Samuel] — One speaks of salt of Sodom and the other of salt of Istria.⁶  Seeing. however, that Rabbah has said that a man may set up two piles of salt and place a beam over them [to make an alley-way],⁷  because the salt keeps the beam in place and the beam keeps the salt in place, even the salt of Istria may be used for this purpose, and still there is no conflict between Rab and Samuel, because one speaks of the case where there is a beam and the other of the case where there is not.

MILL-STONES SHOULD BE KEPT AT A DISTANCE OF THREE HANDBREADTHS RECKONING FROM THE UPPER STONE WHICH MEANS FOUR FROM THE LOWER STONE. What is the reason for this? Because of the shaking. But was it not taught: Millstones fixed on a base⁸  must be kept three handbreadths from the casing which means four from the sieve. Now what shaking is there there?⁹  — We must say then that the reason is because of the noise.

AN OVEN MUST BE KEPT THREE HANDBREADTHS RECKONING FROM THE FOOT OF THE BASE ETC. Abaye said: We learn from this that the base of an oven projects [normally] one handbreadth. This has a practical bearing on questions of sale.¹⁰

MISHNAH. AN OVEN SHOULD NOT BE FIXED IN A ROOM UNLESS THERE IS ABOVE IT AN EMPTY SPACE OF AT LEAST FOUR CUBITS.¹¹  IF IT IS FIXED IN AN UPPER CHAMBER. THERE MUST BE UNDER IT PAVED FLOORING¹²  AT LEAST THREE HANDBREADTHS THICK.¹³  FOR A SMALL STOVE¹⁴  ONE HANDBREADTH IS ENOUGH. IF IN SPITE OF THESE PRECAUTIONS DAMAGE IS CAUSED, THE OWNER OF THE OVEN MUST PAY FOR THE DAMAGE. R. SIMEON, HOWEVER, SAID THAT ALL THESE LIMITATIONS WERE ONLY LAID DOWN WITH THE IDEA THAT IF AFTER OBSERVING THEM HE STILL CAUSES DAMAGE, HE IS NOT LIABLE TO PAY. A MAN SHOULD NOT OPEN A BAKERY OR A DYER'S WORKSHOP UNDER HIS NEIGHBOUR'S STOREHOUSE,¹⁵  NOR A COWSHED. IN POINT OF FACT¹⁶  THE RABBIS PERMITTED [A BAKERY OR DYER'S WORKSHOP TO BE OPENED] UNDER WINE,¹⁷  BUT NOT A COWSHED.

GEMARA. [THERE MUST BE UNDER IT PAVED FLOORING AT LEAST THREE HANDBREADTHS etc.] But has it not been taught that there must be four handbreadths under an [ordinary] oven and three under a small oven? — Said Abaye: This refers to the ovens of bakers, for our large oven is like their small one.

A MAN SHOULD NOT OPEN A BAKERY etc. A Tanna taught: If the cowshed is there before the storehouse,¹⁸  it may be opened.

Abaye raised the following questions: If [the owner of the upper room] has cleared out and swept¹⁹  [the room] in preparation for a storehouse [but has not yet placed any produce there], what is the ruling?²⁰  If he has opened out a number of windows²¹  there, what is the ruling? [If there is an exedra²²  under the storehouse. what is the ruling?]²³  If he builds a room on the roof,²⁴  what is the ruling? — These questions must stand over. R. Huna the son of R. Joshua asked: If he stores there figs and pomegranates.²⁵  what is the ruling? — This question also must stand over. IN POINT OF FACT THE RABBIS PERMITTED IN THE CASE OF WINE etc. A Tanna taught: They declared it permissible in the case of wine because [the smoke]²⁶  improves it, while they forbade a cowshed because [the smell] spoils it. R. Joseph said: Our wine is adversely affected even by the smoke of a lamp. R. Shesheth said: Cropped corn²⁷  is on the same footing as a cowshed.²⁸

MISHNAH. IF A MAN DESIRES TO OPEN A SHOP IN A COURTYARD, HIS NEIGHBOUR MAY PRESENT HIM ON THE GROUND THAT HE WILL NOT BE ABLE TO SLEEP THROUGH THE NOISE OF PEOPLE COMING AND GOING. A MAN, HOWEVER, MAY MAKE ARTICLES IN THE COURTYARD TO TAKE OUT AND SELL IN THE MARKET, AND HIS NEIGHBOUR CANNOT PREVENT HIM ON THE GROUND THAT HE CANNOT SLEEP FROM THE NOISE OF THE HAMMER OR OF THE MILL-STONES²⁹  OR OF THE CHILDREN.³⁰

GEMARA. Why is the rule in the second case not the same as in the first?³¹  — Abaye replied: The second clause must refer to [a man in] another courtyard. Said Raba to him: If that is so, the Mishnah should say. 'In another courtyard it is permissible'? — No, said Raba:

1. Shab. 82a. It was usual to place potsherds between the posts of a window-space at the top and the bottom and to plaster them with mud so as to support the wall.
2. And therefore it cannot be used for the synagogue reading.
3. Because it was forbidden to destroy scrolls of the Law.
4. Because it crumbles.
5. Because it melts.
6. A town in Pontus. The salt of Sodom was thick and hard. [v. Krauss op. cit. I. 499ff.]
7. In which things may be carried on Sabbath.
8. Lit., 'ass'.
9. According to Rashi, such millstones are small and light, and would not cause any shaking.
10. I.e., if an oven is sold without specification, it is understood that the base is to project a handbreadth.
11. So that the flames should not catch the ceiling.
12. Usually made of stone chippings. clay etc.
13. So that it should not burn the woodwork underneath.
14. Heb. Kirah, [H], a portable stove with accommodation for two pots.
15. V. supra 182.
16. [H] On this term, v. B.M. 60a.
17. Because smoke does not injure wine, v. infra.
18. I.e., before the room above is actually used as a storehouse. v. p. 92 nn. 1, 2.
19. Lit., 'sprinkled' (the floor).
20. I.e., do these preparations in themselves constitute the room a storehouse?
21. Presumably for letting in air to keep the corn fresh.
22. V. supra p. 55.
23. This apparently means that a bakery is opened in the exedra under the storeroom, as it is difficult to imagine an exedra being actually built under an upper storey. The whole clause is suspect, and is omitted in some editions. V. BaH and R. Gershom; H.M. 255.
24. Lit., an upperstorey on top of his house'. Such places were normally used for storerooms. [Maimonides (Yad. Shekenim, IX, 13) renders: 'If the owner of the bakery made an extra floor within his shop' so that the upper part could be used as a storeroom.]
25. Does this count as a storeroom, or do we call a storeroom only one where corn, wine and oil are kept?
26. So Rashi; but according to Tosaf. (18a, s. v. [H] the heat is referred to, not the smoke.
27. Corn cut before it has grown to any height and used for fodder.
28. Because it emits an evil smell which injures the wine stored above.
29. This is one among many instances of the preference shown by the Rabbis to industry over trade.
30. This would naturally refer to the noise made by children coming to buy from the shop. and so would seem to contradict the first clause. Hence the question of the Gemara which immediately follows.
31. V. preceding note.