Bava Batra 60b (ס:) — the Talmud in English

Go today and return 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

Rabbi Yannai:

But you too have,

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

Rabbi Yannai said to him: “

Rabbi Yannai said to him:

Go and see: If my tree has been cut down—

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

do not cut yours down,”

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

And we raise an objection against Rabbi Yannai:

Initially,

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

what did

Rabbi Yannai

ultimately

when it was cut down

think!?

And we explain:

Initially,

it

was the opinion of

Rabbi Yannai that

the people of the public domain were pleased to sit in its shade,

[they were pleased with the tree, as they could sit in its shade]; however,

once he saw that they were objecting, he sent an agent to cut it down,

[once he saw that they were protesting against that man’s tree, it followed that they were remaining silent out of respect for him, and therefore he sent his agent to cut it down].

We raise another objection:

Why did

Rabbi Yannai not say to that man:

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

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

And we answer:

Because of the statement of Reish Lakish, who said

concerning the verse: “

Gather yourselves and gather”:

remove the straw from between your eyes and afterward remove the straw from the eyes of others; that is:

Correct

your

own

self

and afterward correct

the conduct of

others.

We learned in the Mishna:

But if he wishes, he may draw the wall into his own property and project:

The members of the academy raised a dilemma

about the following: If he

drew the wall

into his own property

but did not project

beams or balconies,

what is the halakha: may he return

later

and project

beams and balconies into the area that he had incorporated?

Rabbi Yoḥanan said: If he drew the wall in

but did not project,

—he may project.

And Reish Lakish said: If he drew the wall in

but did not project—he again

may not project.

Rabbi Yaakov said to Rabbi Yirmeya bar Taḥlifa,

come and

I will explain to you

their reasoning:

With regard to projecting

beams and balconies,

everyone agrees that he may project—

They disagree

Rabbi Yoḥanan and Reish Lakish

about returning the walls to their place; and their statements were reversed

their respective positions:

Rabbi Yoḥanan said: He may not return the wall.

And Reish Lakish said: He may return the wall.

And this is the explanation of their reasoning:

Rabbi Yoḥanan said that he may not return the wall: Because of Rav Yehuda, as Rav Yehuda said: A boundary

[a path running between two fields]

that the public has established a right of passage through

there

may not be

destroyed by the owner of the boundary,

to damage it, since the public had already established a right of passage even through the area that he had incorporated into his property.

because the public had already acquired the right to walk even through the area that he had brought within his own property.

And Reish Lakish said that he may return the wall:

because

this statement applies— \-

that it is prohibited to damage the public boundary—

where

there is no space

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

here, there is space

[after all, the entire width of the former public domain remains available for passage by the public, and presumably it is sufficiently spacious].

We learned in the Mishna:

One who purchased a courtyard containing projecting beams and balconies, it retains its presumptive status:

Rav Huna said: If it

If it

fell,

he

may rebuild it,

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

We challenge this

from that which was taught in a beraita:

One may not plaster

the house

and may not decorate

[figures that one forms with plaster] the house,

and may not paint

[figures of various colors] it

at this time,

as a sign of mourning over the Temple.

And if one

purchased a courtyard

that was already

plastered, or

or

decorated, or

or

painted—

it retains its presumptive status,

and it is unnecessary to remove them.

But if it

fell,

he again

may not rebuild it

as it had been, plastered.

We have therefore learned that anything prohibited from the outset, although one is not obligated to remove it, nevertheless, if one possessed it and it fell, one may not rebuild it as it was initially; and this is difficult for Rav Huna, who said: Even if it fell, he may rebuild it!?

And we answer:

A prohibition

because of the remembrance of the Destruction of the Temple

is different

from damage!

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

as a remembrance of the Destruction.

And if he mixed sand or straw into it,

which dulls its whiteness—

it is permitted.

Rabbi Yehuda says: If he

If

mixed sand into it, it is tarkhesid,

he has improved it, because although it blackens it somewhat, it becomes stronger and adheres better—

and it is prohibited.

And if he mixed

straw into it, it is

—

permitted.

The Sages taught: When the Temple was destroyed a

second

time, there increased

ascetics among Israel who

adopted the practice of

not eating meat and not drinking wine.

Rabbi Yehoshua joined them, and

said to them:

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

They said to him,

to Rabbi Yehoshua: Is it possible that we

should eat meat from which offerings are brought upon the altar, and now this has ceased!?

And is it possible that we

should drink wine that is poured

from it

upon the altar, and now this has ceased!?

He said to them,

Rabbi Yehoshua: If so,

we should not eat bread either, for the meal-offerings have already ceased,

which are bread!?

They replied: Indeed, you have spoken well, and from now on we will not eat bread, because

fruit is possible.

He said to them: We should not eat

fruit either, for the first fruits have already ceased,

which come from fruit!?

They said to him: Indeed, we will not eat from the seven species from which the first fruits are brought, because

other fruit is possible.

He said to them: We should not drink

water either, for the water libation has already ceased!?

They fell silent,

and did not know how to answer him.

Rabbi Yehoshua said to them

Rabbi Yehoshua:

My sons! Come, and I will tell you:

To mourn entirely is impossible, for already

a decree has been issued

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

But

on the other hand,

to mourn excessively

is also

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

As it is written: “

You are cursed with a curse

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

you are robbing Me

[you are stealing, as you do not bring it; and did not the entire “curse” accept upon itself]

the whole nation

[that is, the entire congregation accepted the decree upon itself].” Presumably, had they all been unable to endure it, they would not have agreed. Thus, a decree is not considered a valid decree unless the community can endure it, as the verse therefore mentioned “the whole nation”; and since “the majority is equivalent to the whole,” we learn that a decree is not issued upon the community unless the majority of the community can endure it.

Rather—

concluded Rabbi Yehoshua and said—

so said the Sages:

a.

A person may plaster his house with plaster, but he must leave a small amount

[a small area] unplastered!

And

the Gemara explains:

How much

is that small area?

Rav Yosef said: One cubit by one cubit.

And

Rav Ḥisda said: That one-cubit-by-one-cubit area should be

opposite the entrance.

b. And likewise,

b. Likewise,

b. And likewise

a person should prepare all the needs of a meal, but leave

a small amount

as a remembrance of the Destruction.

And the Gemara explains:

What is

that small amount?

Rav Pappa said:

even

kasa de-harsena

[a bowl of fried fish prepared in oil with semolina].

c. And likewise,

a woman should prepare

her

entire adornment, but leave a small amount.

And the Gemara explains:

What is

that small amount?

Rav said: A portion of the temple-side hair.

And why is all this so? Because

it is stated: “

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

if I do not remember you, if I do not place Jerusalem above the peak of my joy.”

And we explain:

What is meant by “

above the peak of my joy”?

Rav Yitzḥak said: This is burned ash

[ash from a stove burned in fire]

that

is placed

on the heads of bridegrooms

as a remembrance of the Destruction.

He

asked

Rav Pappa said to Abaye: Where does he place it,

where on the head does one place that burned ash?

Abaye said to him:

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

To appoint for those who mourn Zion, to give them a crown

[phylacteries]

instead of ash

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

And anyone who mourns over Jerusalem,

he

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

Rejoice with Jerusalem

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

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

since the offerings had ceased,

and not to drink wine

since the wine libation had ceased.

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

And from the day the wicked kingdom spread,

[Rome],

issuing evil and harsh decrees against us, abolishing Torah and mitzvot from us, and not allowing 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 firstborn; “salvation” is an expression of deliverance]—

it would be proper for us to decree upon ourselves not to marry and not to have children, with the result that the seed of Abraham our forefather would perish of itself

in an ideal manner, and not through the nations—

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

when they marry, as they do not think that there is a prohibition involved

; and not willfully transgressive,

for if we decree upon them not to marry, they will marry willfully, as they will be unable to endure it.

We have completed Tractate Bava Batra, chapter Ḥezkat HaBatim