6. A fence composed of ten stones each, of weight sufficient for two men,
may be removed. “If the fence measure ten handbreadths?” “Less than this
he may clear off, but he must leave it a handbreadth high over the
ground.” These words only speak of his own field. But from his neighbor’s
field he may take away what he pleases. These words speak of the time when
one did not begin the work on the eve of the Sabbatical year. “But if one
begin on the eve of the Sabbatical year?” “He may take away what he
pleases.”
7. Stones shaken by the plough, or those covered and afterward exposed, if
there be among them two of a burden for two men, may be removed. He who
removes stones from his field may remove the upper (ones),(50) but he must
leave those touching the earth. And so also from a heap of rubbish, or a
heap of stones, one may take away the upper part, but must leave that
which touches(51) the earth. If there be beneath them a rock, or stubble,
they may be removed.
8. Men must not build terraces on the face of the hills on the eve of the
Sabbatical year, when the rains have ceased, because that is preparation
for the Sabbatical year. But one may build them in the Sabbatical year,
when the rains have ceased, because that is preparation for the close of
the Sabbatical year. And men must not strengthen them with mortar, but
they may make a slight wall. Every stone which they can reach(52) with
their hands and remove, they may remove.
9. “Shoulder stones may come from every place, and the contractor may
bring them from every place. And these are shoulder stones, every one
which cannot be carried in one hand.” The words of R. Maier. Rabbi José
said, “shoulder stones, commonly so named, all that can be carried, two,
three, upon the shoulder.”
10. He who builds a fence between his own and public property may sink it
down to the rock. “What shall he do with the dust?” “He may heap it up on
the public property, and benefit it.” The words of R. Joshua. R. Akiba
said, “as we have no right to injure public property, so we have no right
to benefit it.” “What shall he do with the dust?” “He may heap it up in
his own field like manure, and so also when he digs a well, or a cistern,
or a cave.”
Chapter IV
1. In olden times they used to say a man may gather wood, stones, and
grass in his own (field), just as he may gather that which is greater out
of his neighbor’s field. When transgressors increased, a rule was made
that this one should gather from that one, and that one from this one,
without benefit; and it is unnecessary to say that one could not promise
victuals to those who gathered.
Public-domain text, read in full here on John Shaqi.
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