Bava Batra 60b — the Talmud in English

Go today and come tomorrow,

[go today and return tomorrow].

At night he sent his agent to cut down that one of his,

[at night Rabbi Yannai sent his agent to cut down his tree, which also leaned toward the public domain].

The next day he came

that man

before

Rabbi Yannai, and

he said to him

Rabbi Yannai:

Go, cut down

your tree.

That man said to him

to Rabbi Yannai:

Does the Master too have

[behold, you too have a tree that leans toward the public domain]?!

Rabbi Yannai said to him

: “

Go, see: if my tree has been cut down—

cut down your tree; if my tree has not been cut down—

do not cut down yours,”

[go and see: if you find that my tree has been cut down, you too should cut down yours; and if you find that my tree has not been cut down, you too should not cut down yours].

And we raise an objection against Rabbi Yannai:

Initially,

at the beginning, when the tree leaned toward the public domain,

what did

Rabbi Yannai

think,

and finally,

what did he think?!

And we explain:

Initially

he

thought,

Rabbi Yannai, that

it was agreeable to the people of the public domain who sit in its shade,

[the tree was convenient for them, since they could sit in its shade]; but

once he saw that they were protesting, he sent [someone] to cut it down,

[since he saw that they were protesting against that man’s tree, if so, they were silent out of consideration for his honor, and therefore he sent his agent to cut it down].

We raise another objection:

And let

Rabbi Yannai say to that man:

Go, cut down yours, and afterward I shall cut down mine,

[go and cut down yours, and afterward I too shall cut down mine]?!

And we answer:

Because of [the statement of] Reish Lakish, who said

concerning the verse: “

Examine yourselves and examine [others]”:

remove the straw from between your eyes and afterward take the straw from the eyes of others, meaning:

Correct

your

own self and after

ward

correct

the conduct of

others.

We learned in the Mishna:

But if he wishes, he draws [the wall] into his own property and projects [the ledges and balconies]:

The students raised a question

: If he

drew [the wall]

into his own property

but did not project

ledges or balconies,

what is [the law] that he should return

afterward

and project

ledges and balconies into the area that he had enclosed?

Rabbi Yohanan said: If he drew [the wall] in

but did not project [anything]—

he may project [them].

And Reish Lakish said: If he drew [the wall] in

but did not project [anything]—again,

he may not project [them].

Rabbi Yaakov said to Rabbi Yirmeya bar Taḥlifa,

come and

I shall explain to you

their reasoning:

To project

ledges and balconies,

everyone agrees that he may project them—

Where they disagree

are Rabbi Yohanan and Reish Lakish:

whether he may return the walls to their place; and their statements were transmitted in reverse

of their attribution:

Rabbi Yohanan said: He may not return [the walls].

And Reish Lakish said: He may return [them].

And the explanation of their reasoning is:

Rabbi Yohanan said: He may not return [the walls], because of Rav Yehuda, for Rav Yehuda said: A boundary

[a path running between two fields]

that the public have established

to pass through there,

it is forbidden

for the owner of the boundary

to damage it,

and behold, the public have already established the right to walk even in that area that he enclosed within his own property.

And Reish Lakish said: He may return [the walls]:

because

this applies— \-

that it is forbidden to damage the boundary of the public—

where

there is no extra space,

if he damages it [no sufficiently spacious area remains for the public to walk there], but

here, there is indeed extra space,

[for the entire width of the former public domain remains for the people of the public domain to walk through, and presumably it is sufficiently spacious].

We learned in the Mishna:

If one purchased a courtyard containing ledges and balconies, it retains its presumptive status:

Rav Huna said:

If it

fell,

he

may rebuild it, meaning: if the wall from which the ledges project fell, he may rebuild the wall and project ledges as at first.

that is, if the wall from which the beams project fell, he may rebuild the wall and project the beams as before.

The following raises an objection

from that which was taught:

One may not plaster

the house

and may not decorate it

[with forms that he fashions in plaster] the house,

and may not paint

[forms of various colors]

at this time,

because of mourning for the Temple.

And if

he purchased a courtyard

that was already

plastered,

or

decorated,

or

painted—

it retains its presumptive status,

and there is no need to remove them.

But if it

fell,

again

he may not rebuild it

as it had been, plastered.

We have therefore learned that anything forbidden at the outset, although one is not obligated to remove it, nevertheless, if he had it and it fell, he may not rebuild it as at first; and this is difficult for Rav Huna, who said: even if it fell, he may rebuild it!?

And we answer:

A prohibition

because of remembrance of the Destruction of the Temple

is different from damage!

from the case of damage!

The Sages taught: A person may not plaster his house with plaster,

because of remembrance of the Destruction.

And if he mixed straw or sand into it,

which dulls its whiteness—

it is permitted.

Rabbi Yehuda says:

If

he mixed sand into it, it is tarakhsid,

he has improved it, because although it becomes somewhat blackened, it becomes stronger and adheres more—

it is forbidden.

And if he mixed

straw into it,

then it is—

permitted.

The Sages taught: When the Temple was destroyed a

second

time, there increased

ascetics among Israel who

adopted this practice:

not to eat meat and not to drink wine.

Rabbi Yehoshua joined them, and

said to them:

My sons! Why are you not eating meat and are not drinking wine?

They said to him,

to Rabbi Yehoshua: Is it possible that

we should eat meat from which they offer upon the altar, and now [the offering] has ceased?!

Is it possible that

we should drink wine from which they pour libations

upon

the altar, and now [the offering] has ceased?!

He said to them

Rabbi Yehoshua: If so, also

bread should not be eaten, for the meal-offerings have already ceased,

which are bread?!

They answered him: Indeed, you have spoken well, and we shall no longer eat bread, for

it is possible [to subsist] on fruits.

He said to them: Also

fruits should not be eaten, for the first fruits have already ceased,

which come from fruits?!

They said to him: Indeed, we shall not eat from the Seven Species from which the first fruits come, for

it is possible [to subsist] on other fruits.

He said to them: Also

water should not be drunk, for the libation of water has already ceased?!

They were silent,

and did not know how to answer him.

Rabbi Yehoshua said to them

:

My sons! Come and I shall tell you:

Not to mourn at all is impossible, for already

a decree has been decreed

concerning the Destruction, and we were commanded to mourn over it, as the verse says: “Rejoice with her [with Jerusalem] greatly, all those who mourn for her”—

But

on the other hand,

to mourn excessively

is also

impossible, for a decree is not imposed upon the community unless the majority of the community can endure it—

as it is written: “

With a curse you are cursed [you accepted upon yourselves with a ‘curse’ to bring the tithe to the storehouse] and [nevertheless]

[you accepted upon yourselves with a “curse” to bring the tithe to the treasury] and [nevertheless]

you are robbing Me [you are stealing, for you do not bring it; and did not the entire ‘curse’ accept it upon itself?]

[you are stealing, because you do not bring it; and did not the entire community accept this “curse”?]

the entire nation [that is, the entire community accepted the decree upon itself],” and presumably, if everyone could not endure it, they would not have agreed; therefore a decree is not an important decree unless the community can endure it, for that is why the verse mentioned “the entire nation,” and since “the majority is like the entirety,” we have learned that a decree is not imposed upon the community unless the majority of the community can endure it.

[meaning, the entire community accepted the decree]. Presumably, if they had not all been able to bear it, they would not have agreed to it. Thus, a decree is not considered an effective decree unless the community can bear it, since the verse mentions ‘the entire nation’; and since the majority is considered as the whole, we learn that a decree is not imposed upon the community unless the majority of the community can bear it.”

Rather—

Rabbi Yehoshua concluded and said—

this is what the Sages said:

a.

A person may plaster his house with plaster, but leaves a small amount in it

[a small place] that he does not plaster!

And

the Gemara explains:

How much

is that small place?

Rav Yosef said: One cubit by one cubit.

And

Rav Ḥisda said:

That one cubit by one cubit shall be

opposite the entrance.

b. Likewise,

b. And likewise

a person makes all the requirements of a meal, but leaves

a small amount,

as a remembrance of the Destruction.

And the Gemara explains:

What is

that small amount?

Rav Pappa said:

Even

a dish of fried fish

[a bowl of food consisting of fish fried in their oil with semolina].

c. And likewise

a woman makes

all

her jewelry, but leaves a small amount.

And the Gemara explains:

What is

that small amount?

Rav said: A lock of hair at the temple.

And why is all this? Because

it is stated: “

If I forget you, Jerusalem, may my right hand forget; may my tongue cleave to my palate

if I do not remember you, if I do not set Jerusalem above the chief of my joy.”

And we explain:

What is “

above the chief of my joy”?

Rav Yitzḥak said: This is burnt ash

[ash from a hearth burned by fire]

that

they place

on the heads of bridegrooms

as a remembrance of the Destruction.

He said

asked

Rav Pappa to Abaye: Where does he place it,

where on the head do they place that burnt ash?

Abaye said to him:

In the place of phylacteries, as it is stated: “

To place for the mourners of Zion, to give a headdress

[phylacteries]

instead of ash

[which they initially placed as a remembrance of the Destruction].”

And everyone who mourns for Jerusalem,

he

merits and sees its joy, as it is stated: “

Rejoice with Jerusalem

and exult in her, all who love her; rejoice with her greatly, all who mourn for her.”

It was taught: Rabbi Yishmael ben Elisha said: From the day that the Temple was destroyed, it would be proper that we decree upon ourselves not to eat meat,

for the sacrifices have ceased,

and not to drink wine,

for the wine libation has ceased.

Rather, a decree is not imposed upon the community unless the majority of the community can endure it.

And from the day that the wicked kingdom spread,

[Rome],

which issues evil and harsh decrees against us, abolishes Torah and mitzvot from us, and does not permit us to enter the week of the son

[the circumcision performed after seven days],

and some say: the salvation of the son

[the redemption of the son; “salvation” is an expression of release]—

it would be proper that we decree upon ourselves not to marry a woman and to beget children, and the seed of Abraham our father would thereby perish of itself

in a good manner, and not through the gentiles—

rather, leave Israel alone; it is better that they be unwitting

when they marry, since they do not think that there is a prohibition in the matter;

and let them not be deliberate transgressors,

for if we decree upon them not to marry a woman, they will marry deliberately, because they will not be able to endure this.

We shall return to you, chapter “Presumptive Status of Houses.”