Babylonian Talmud: Tractate Baba Bathra

Folio 99a

— It teaches us this: [The space] below¹  [was] as [that] above. As [the space] above²  served no [material] purpose.³  so [the space] below served no [material] purpose.⁴  This supports R. Levi; for R. Levi — others say. R. Johanan — said:⁵  We have this as a tradition from our fathers [that] the place of the Ark and the Cherubim is not included in the measured [space]. So, indeed, it has been taught:⁶  The Ark which Moses made had a free space of ten cubits on every side.⁷

Rabina said in the name of Samuel: The Cherubim [made by Solomon] stood by a miracle; for it is said, And five cubits was the one wing of the Cherub,' and five cubits the other wing of the Cherub,' from the uttermost part of the one wing unto the uttermost part of the other were ten cubits,⁸  where, [then] were their bodies standing?⁹  Consequently it must be inferred that they stood by a miracle.

Abaye demurred: They might have been standing [with their bodies] protruding [under the wings] like [those of] hens!¹⁰  Raba demurred: perhaps they did not stand opposite one another!¹¹  R. Aha b. Jacob demurred: They might have been standing diagonally.¹²  R. Huna the son of R. Joshua demurred: The house might have been wider from above!¹³  R. Papa demurred: Might not their wings have been bent?¹⁴  R. Ashi demurred: Their wings might have been overlapping each other!¹⁵

How did they¹⁶  stand? — R. Johanan and R. Eleazar [are in dispute on the matter]. One Says: They faced each other; and the other says: Their faces were inward. But according to him who says that they faced each other, [it may be asked]: Is it not written, And their faces were inward?¹⁷  — [This is] no difficulty: The former¹⁸  [was] at a time when Israel obeyed the will of the Omnipresent; the latter¹⁹  [was] at a time when Israel did not obey the will of the Omnipresent. According to him who says that their faces were inward [it may be asked]: Is it not written, With their faces one to another?²⁰  They were slightly turned sideways.²¹  For [so] it was taught: Onkelos the proselyte said, 'The Cherubim were of image²²  work²³  and their faces were turned sideways as a student who takes leave of his master.²⁴

MISHNAH. HE WHO OWNS A CISTERN WITHIN ANOTHER MAN'S HOUSE, GOES IN WHEN IT IS USUAL FOR PEOPLE TO GO IN, AND GOES OUT WHEN IT IS USUAL FOR PEOPLE TO GO OUT. HE MUST NOT BRING IN HIS BEAST [THROUGH THE OTHER'S HOUSE] TO GIVE IT DRINK FROM HIS CISTERN. BUT MUST FILL [HIS VESSEL] AND GIVE [THE BEAST] TO DRINK OUTSIDE. ONE OF THEM MAY MAKE FOR HIMSELF A LOCK, AND THE OTHER MAY [ALSO] MAKE FOR HIMSELF A LOCK.

GEMARA. Where [is] the lock [to be attached]? — R. Johanan said: Both²⁵  to the cistern. This is right [in the case of] the owner of the cistern, [for] he has to protect the water of his cistern; but for what purpose does the owner of the house [require a lock]? — R. Eleazar said:

1. The ten cubits from the ground where the Cherubim and the Ark were standing.
2. The space of twenty cubits from the Cherubim to the top.
3. They were empty.
4. The Ark and the Cherubim, as stated infra, miraculously occupied none of the space of the Sanctuary.
5. Cf. Yoma 21a; Meg. 10b.
6. Meg. l.c.
7. Though the entire area of the Holy of Holies was only twenty cubits by twenty.
8. I Kings VI, 24.
9. Since the two pairs of wings alone occupied twenty cubits, there was no room left for their bodies. (Cf. n. 12 supra.)
10. Whose wings touch each other on their backs, the entire bodies being covered by the wings.
11. Their wings overlapping sideways.
12. The distance between the diagonally opposite corners of the Holy of Holies was, of course, greater than that between any two of its sides; consequently longer than twenty cubits. This would allow room both for the wings and the bodies of the Cherubim.
13. And, therefore, there was a distance of more than twenty cubits between the walls, allowing room for the wings as well as for the bodies of the Cherubim.
14. So that together with the bodies, no more than a length of twenty cubits was required.
15. So that together with their bodies they did not occupy more than twenty cubits.
16. The Cherubim in the Holy of Holies.
17. II Chron. III, 13.
18. Facing each other, a sign of affection. Symbolic of the relationship between God and His people.
19. Turning inward, away from each other, symbolic of the unrequited love of God for Israel.
20. Ex. XXV, 20.
21. Partly facing one another and partly turning inward.
22. [H] Others render, 'image of children', comparing it with [H] 'children'. The latter leads on naturally to the simile, 'As a pupil who takes leave of his master'.
23. II Chron. Ibid. v. 10.
24. A student, on taking leave of his master, turns sideways for some distance, before turning his back completely on him.
25. The lock of the owner of the cistern and that of the owner of the house.

In order [to avert] suspicion from his wife.¹

MISHNAH. HE WHO HAS A GARDEN WITHIN THE GARDEN OF AN OTHER MAN ENTERS WHEN IT IS USUAL FOR PEOPLE TO ENTER AND GOES OUT WHEN IT IS USUAL FOR PEOPLE TO GO OUT. HE MUST NOT BRING [ANY] DEALERS INTO IT.²  HE MUST NOT ENTER [IT FOR THE MERE PURPOSE OF PASSING] FROM IT INTO ANOTHER FIELD. THE EXTERNAL [FIELD OWNER MAY] SOW THE PATHWAY.³  IF A SIDE PASSAGE WAS GIVEN⁴  HIM⁵  WITH THE CONSENT OF THE TWO, HE MAY ENTER WHENEVER HE DESIRES AND GO OUT WHENEVER HE DESIRES, AND MAY [ALSO] BRING DEALERS INTO IT.⁶  HE MUST NOT, [HOWEVER,] ENTER [IT FOR THE MERE PURPOSE OF PASSING] FROM IT INTO ANOTHER FIELD. NEITHER THE ONE NOR THE OTHER MAY SOW IT⁷

GEMARA. Rab Judah said in the name of Samuel: [If one says to another]. 'I sell you [land for] an irrigation [canal of the width of one] cubit', he must, [in addition to the width of the canal]. allow him two cubits [of land] in [the field] itself,⁸  one cubit on either side [of the canal] for its banks.⁹  [If he said.] 'I sell you [ground] for a pond¹⁰  [of the width of one] cubit', he must, [in addition to the pond], allow him one cubit [of ground] in [the courtyard] itself,¹¹  half a cubit on either side [of the pond] for its banks.¹¹  Who [has the right of] sowing these banks? — Rab Judah said in the name of Samuel: The owner of the field [is entitled] to sow them. R. Nahman said in the name of Samuel: The owner of the field [is entitled to] plant them. He who said, 'sow them', [agrees]. even more so, [that] he may plant them;¹²  but he who said, 'plant them', [holds the opinion that] he must not, however, sow them, [because] they penetrate¹³  [into the canal].¹⁴

Rab Judah further stated in the name of Samuel: A water canal¹⁴  whose banks have been worn away, may be repaired [with the earth] of that field [through which it runs], for it is known that the banks could not have been washed away except into that very field.¹⁵  R. Papa demurred: Let the field owner say, [to the owner of the canal]. 'Your water has lowered your ground'!¹⁶  — But, said R. Papa. [the reason why earth may be taken from the adjacent field is] because the owner of the field has consented¹⁷  to this condition.¹⁸

MISHNAH. HE WHOSE FIELD IS TRAVERSED BY A PUBLIC PATH AND HE CLOSED IT, SUBSTITUTING [ANOTHER PATH] AT THE SIDE, FORFEITS THAT WHICH HE HAS GIVEN¹⁹  AND [THAT WHICH HE APPROPRIATED AS] HIS DOES NOT PASS INTO HIS POSSESSION.²⁰  A PRIVATE PATH [HAS A WIDTH OF] FOUR CUBITS.²¹  A PUBLIC ROAD [HAS A WIDTH OF] SIXTEEN CUBITS. THE KING'S HIGHWAY HAS NO LIMIT[S]. THE PATH OF A FUNERAL CORTEGE²²  HAS NO LIMIT[S].²³  THE HALTING [PLACE]²⁴  HAD, SAID THE JUDGES OF SEPPHORIS, AN AREA OF FOUR KAB.²⁵

GEMARA. Why should not [THAT PATH, WHICH HE APPROPRIATED AS] HIS, PASS INTO HIS POSSESSION?²⁶  Let him²⁷  take a whip and sit down [to guard his path]! Does this, then, imply that a man may not take the law in his own hands even where a loss is involved?²⁸  — R. Zebid replied in the name of Raba: It is a decree [that he is not allowed to substitute another path for the one already used by the public] lest he assign to them a crooked path.²⁹  R. Mesharsheya said in the name of Raba: [Our Mishnah deals only with the case where] he gives them a crooked path.³⁰

1. By his affixing a lock to the cistern he prevents the other from using the water in his absence and, consequently, deprives him of the excuse of entering his house while his wife is alone.
2. The produce of the garden must be carried out to the dealers so that they cause no damage to the outer garden by passing through it.
3. Though he must allow the owner of the inner field the right of passage, the ground remains his own, and he may, therefore, use it for sowing.
4. By a court of law.
5. The owner of the inner field.
6. Since the path is not in the middle, but at the side of the field, it may be confidently assumed that the owner, who had consented to have the path there, has set it aside to be used solely as a path to the inner field. No restrictions, therefore, are imposed on any of its uses so long as their object is the gaining of admission to the inner field.
7. V. last clause of preceding note.
8. According to another reading, two cubits width of land must also be allowed for the canal itself, though its nominal capacity is one cubit.
9. So that the earth from the two strips of land might be used for repairing the sides of the canal whenever necessary.
10. In a courtyard, used for watering cattle and washing clothes and utensils. It is smaller than a canal which is used for irrigation purposes and requires a greater capacity.
11. V, supra n. 3.
12. Plants do not damage the sides of the canal, their roots going deep down into the ground.
13. And the consequent falling of earth causes damage to the structure or spoils the water.
14. Which belongs to one party while the field, through which it runs, belongs to another.
15. Hence, the earth for reconstruction also may be taken from that field.
16. The water may have carried away the earth of the banks else where. Why should the field owner be expected to supply earth for repair from his field?
17. When he sold the canal.
18. That earth for repair shall be supplied from his field.
19. I.e., the new path becomes public property.
20. And the public may henceforth claim two paths through the field.
21. If a 'private path' has been sold in one's field, a width of four cubits must be allowed for the path.
22. Lit., 'the grave'.
23. Those following the bier may tread even upon cornfields if their number is so large that the public highway does not suffice. Cf, also n. 5.
24. The place where, on returning from burial, the funeral escort halts to offer, with due ceremonial, consolation to the mourners. V, infra 100b.
25. I.e., 50 cubits by 33 1/3, an area sufficient for sowing four kab of seed.
26. Surely the path is in his own field and, since he has also substituted another for public use, the public loses nothing.
27. If he cannot prosecute all trespassers.
28. Surely it has been taught elsewhere that in such a case a man, in self protection, may take the law into his own hands.
29. Hence the law was enacted that even if one substituted a straight path, no possession could be gained of the old path.
30. If, however, he gives the public a straight path, he may take possession of the old one, and use force against any trespassers.