Bava Metzia 117a — the Talmud in English

When he dwells [the tenant who descended to dwell in the house], does

he

dwell alone as at first [as the owner had dwelt in the upper room], and compel the homeowner to leave his house,

и вынуждает владельца дома выйти из своего дома,

or perhaps both dwell

in the house, since

he said to him

the homeowner:

“I did not lease it to you on the understanding that you would remove me!” [I did not lease it to you on the understanding that you would remove me from my house].

There is another uncertainty:

if you should say

that

both dwell in it,

does

he [that is, the tenant who descended to the house]

use

the house

by way of the entrances,

entering the house through the main entrance,

or use it by way of the roofs,

that is, he must enter the house from outside, by way of the external stairs of the upper room, and from there descend into the house?

The basis of the uncertainty is:

who said [whether the homeowner has the right to say] to the tenant: Use the house

as at first [as you used it initially]

, for at first

you would ascend to your house

by way of the roofs,

that is, by way of the external stairs, so

now

also

you have no right to enter the house except

by way of the roofs.

Or perhaps he can say to him

the tenant to the homeowner:

“An upper room I accepted upon myself; ascending and descending I did not accept upon myself” [when I dwelt in the upper room, I needed only to ascend in order to enter my house, whereas now I must ascend and descend].

There is another matter to consider:

even if you should say

that

he can say to him

the tenant to the homeowner,

“Ascending and descending I did not accept upon myself.”

There is still an uncertainty, in a case where there were

two upper rooms, one above the other: what is [the law]?

The sides of the uncertainty are: If he leased the uppermost upper room, and

it collapsed [it fell in], the

верхний

upper upper room,

certainly he

descends and dwells in the lower one [he descends and dwells in the upper room beneath it],

but if he leased the lower upper room, and

the lower one collapsed,

there is an uncertainty:

what is [the law] concerning his withdrawing entirely to the uppermost one [whether the homeowner can say to him: Dwell in the uppermost upper room].

The sides of the uncertainty are:

do we say that he said to him

the homeowner to the tenant

“The designation of ‘upper room’ I accepted upon you,”

that is, you agreed to dwell in an upper room, and therefore there is no difference whether you must ascend one floor or two.

Or perhaps he accepted one upper room upon himself,

but

he did not accept two upper rooms upon himself.

And therefore the tenant can descend to the house.

And we conclude:

The matter shall stand [unresolved].

We learned in the Mishna:

Rabbi Yosei says: The lower owner supplies the ceiling

and the upper owner supplies the plaster.

And the Gemara explains:

What is [meant by] “ceiling”?

Rabbi Yosei bar Ḥanina said: Reeds and sanin [a mat of reeds made for a ceiling].

And Stini [the name of a sage, a student of Reish Lakish]

said

in the name of

Rabbi Shimon ben Lakish: boards [beams of cedar wood].

And they do not disagree; one [speaks] according to his place, and the other [speaks] according to his place. [Each one [speaks] according to the custom of his place.]

The Gemara discusses:

There were these two men who dwelt, one in the upper [room] and one in the lower [house],

and the house belonged to one and the upper room to the other, and

the plaster collapsed [the plaster upon the ceiling of the house was damaged]

обрушился настил [повредился настил над потолком дома]

, for when the upper one washed water, it went and damaged the lower one [and when the upper one washed his hands, the water damaged the lower one]. Upon which of them is it incumbent to repair the plaster?

Rabbi Ḥiyya bar Abba said: The upper one repairs [it].

And Rabbi Ilai in the name of Rabbi Ḥiyya son of Rabbi Yosei said: The lower one repairs [it].

And a sign

to remember who said each law, as it is stated:

“And Joseph was brought down to Egypt.”

Rabbi Yosei is the one who said that the lower one must repair [it].

The Gemara discusses their dispute:

Let us say that Rabbi Ḥiyya bar Abba and Rabbi Ilai disagree in the dispute between Rabbi Yosei and the Rabbis

of our Mishna

[and that] they disagree.

According to the one who says that the upper one repairs,

namely Rabbi Ḥiyya bar Abba, and in accordance with Rabbi Yosei of our Mishna,

he holds that the one causing the damage must distance himself from the injured party.

And therefore it is incumbent upon the tenant to repair the plaster, so that his water will not damage the lessor.

And according to the one who says that the lower one repairs,

namely Rabbi Ilai, and in accordance with the Rabbis of our Mishna,

he holds that the injured party must distance himself from the one causing the damage.

And therefore it is incumbent upon the lessor to repair the plaster.

And

we object: Is it so,

can you really understand

that

Rabbi Yosei and the Rabbis

of our Mishna

with regard to damages [whether the one causing the damage must distance himself or the injured party]

disagree?!

And Rabbi Yosei holds that the one causing the damage must distance himself, whereas according to the Rabbis, the injured party must [distance himself].

But we have heard the opposite from them!

That according to Rabbi Yosei the injured party must distance himself, whereas according to the Rabbis the one causing the damage must [distance himself].

As we learned

in tractate Bava Batra:

One distances a tree from a pit twenty-five cubits.

Since the roots of the tree damage the walls of the pit.

And in the case of a carob tree or a sycamore,

whose roots are longer than those of other trees,

fifty cubits.

Whether from above,

where the tree is lower than the pit and its roots reach the bottom of the pit,

or from the side,

where both are on level ground and its roots damage the walls of the pit.

If the pit came first, he cuts down

the tree

and gives money

to the owner of the tree.

And if the tree came first, he may not cut it down!

If it is uncertain whether this came first or that came first, he may not cut it down.

Rabbi Yosei says: Even though the pit preceded the tree, he may not cut it down!

Since

this one digs within his own property, and that one plants within his own property.

And the injured party must distance himself so that he will not be damaged.

It follows that Rabbi Yosei holds that the injured party must distance himself, and the Rabbis hold that the one causing the damage must distance himself.

Rather, if it is possible to say [if it is possible to say]

, they disagree,

Rabbi Ḥiyya bar Abba and Rabbi Ilai,

in the dispute between Rabbi Yosei and the Rabbis there, they disagree.

And Rabbi Ḥiyya holds like the Rabbis, that the one causing the damage must distance himself, and therefore the upper one repairs [it]. And Rabbi Ilai holds like Rabbi Yosei, that the injured party must distance himself, and therefore the lower one repairs [it].

And Rabbi Yosei and the Rabbis here [in our Mishna]

over what do they disagree?

They disagree concerning the strength of the ceiling.

They are not discussing at all a case in which the lower one is damaged by the upper one, but a case in which the tenant claims that the ceiling is weak and demands that the lessor repair it so that it will not collapse.

The Rabbis hold: Plaster is the strengthening of the ceiling,

that is, the function of the plaster is to strengthen the ceiling

, and for strengthening the ceiling, it is incumbent upon the lower one to strengthen it.

And therefore it is incumbent upon him to repair it.

And Rabbi Yosei holds: Plaster is the leveling of hollows,

that is, its function is not to strengthen the ceiling—for that purpose pegs suffice—but its function is only to level the floor above it,

and for leveling hollows, it is incumbent upon the upper one to level them.

For this is the work of an ordinary person.

In any event, it was explained above that according to Rabbi Yosei, who holds that the injured party must distance himself, the same law applies if he washes his hands and damages the lower one: it is incumbent upon the lower one to repair the plaster.

And we object:

Is that so? For Rav Ashi said: When we were in the academy of Rav Kahana, we would say [when we were in Rav Kahana’s house of study, we would say]:

[когда мы находились в бейт-мидраше Рава Каханы, мы говорили]:

Rabbi Yosei concedes with regard to his arrows [that is, in a case where he damages his fellow directly with his hands],

that the one causing the damage must distance himself. And if so, he is forbidden to wash his hands and directly damage the lower one?

And we answer: It is speaking of a case

where the water stops and then falls.

That is, the water does not fall directly upon the lower one, but only after time. And it is therefore no longer “his arrows,” and consequently the injured party must distance himself.

Mishna:

The house and the upper room

that were

of two [owners],

for example, they divided their father’s inheritance in this manner: one took the house and one took the upper room,

collapsed

and were destroyed.

The owner of the upper room said to the owner of the house to build

his house so that he could build his upper room above it,

, but he does not wish to build

—behold, the owner of the upper room builds the house

alone,

and dwells inside it until he gives him

the owner of the house

his expenses,

and afterward he builds his upper room.

Rabbi Judah says: Even this one [the owner of the upper room, who dwells in the house]

dwells within that which belongs to his fellow,

and

he must raise

rent for him.

And simply, his reason is because he holds: “This one benefits and that one suffers no loss” is obligated.

Rather,

what should

the owner of the upper room do?

He builds the house and the upper room, roofs the upper one, and sits in the house until he gives him his expenses.

And in this case he is not obligated to pay him rent, since he does not benefit, for his upper room is built and he can dwell in it.