The Jerusalem Talmud Jerusalem Talmud Kilayim 6.2

English · Heinrich W. Guggenheimer

MISHNAH: A trellis coming from a terrace. Rebbi Eliezer ben Jacob says, if someone standing on the ground can harvest all [vines] then it forbids four cubits in the field; otherwise it only forbids around it. Rebbi Eliezer says, also if one plants one row on the ground and one on a terrace, if the latter is ten hand-breadth. higher they do not combine; otherwise, they do combine.

2

English · Heinrich W. Guggenheimer

HALAKHAH: Rebbi Samuel bar Naḥman, Rebbi Jonathan, in the name of Rebbi Eliezer: He who prunes his vineyard down to less than a hand-breadth subjects it to orlah because of the bad appearance. The Sages say, only if he prunes down to the ground. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan, in the name of Rebbi Eliezer ben Jacob: He who forms a heap from gleanings, forgotten sheaves, and peah, is subject to the Great Heave because of the bad appearance. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan, Rebbi Eliezer ben Jacob in the name of the House of Shammai: A corpse in the public domain induces impurity four cubits around it, to sustain its dignity. Rebbi Mana said, this last statement is in the name of the House of Shammai; Rebbi Yose ben Rebbi Abun said, all are in the name of the House of Shammai. Rebbi Jonah said, also that which we stated here is because of the bad appearance. If it were not so, what would be the difference whether one stands on the ground or on the terrace?

3

English · Heinrich W. Guggenheimer

“Higher.” Is the row higher or is the terrace higher? If you say that the row is higher, the declivity of the terrace is counted as “below”. If you say the terrace is higher, the declivity of the row is counted as “above”. But did we not state: “Two rows on a terrace?” Can you say that the row is higher? No, the terrace has to be higher. Rebbi Mana said, they declared the entire ten hand-breadths of the terrace a domain by itself.

4

English · Heinrich W. Guggenheimer

We have stated there: “If somebody throws from four cubits [distance] to a wall, if [the projectile hits] higher than ten hand-breadths, he is like one throwing into the air, if lower than ten hand-breadths, he is like one throwing onto the ground.” Rav Ḥisda said, if it extends slanting. But will it not finally descend? Rebbi Ḥiyya in the name of Rebbi Joḥanan, explain it that it was a soft fig cake and it stuck. Rebbi Ḥaggai asked before Rebbi Yose, does this not imply that the declivity of a terrace belongs to the level below? He said to him, there the vegetables profit from the terrace but here people rub it and it falls down. If it would say, if there is a hole [in the wall] and it profits from the hole just as vegetables profit from the terrace, you would be justified.

5

English · Heinrich W. Guggenheimer

“Two gardens, one above the other, the lower one is made into a vineyard, the upper one is not made into a vineyard. One may sow the upper one until one reaches the airspace of ten.” Rebbi Abun bar Ḥiyya asked before Rebbi Zeïra, does this not imply that the declivity of a terrace belongs to the below? He said to him, because plants will bend into the airspace of the vineyard. “If the upper one is made into a vineyard but the lower one is not made into a vineyard, one may sow the lower one and the declivity until one reaches the roots of the vines.” Rebbi Yose said, one does not have here “the roots of the vines” but “below three [hand-breadths],” following that which was stated: “roots of madder that enter within four cubits of a vineyard are permitted below three hand-breadths.”

Jerusalem Talmud Kilayim 6.2

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