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1) PLANTING DIFFERENTLY THAN AGREED (cont.)

(a) Answer (Abaye): In our Mishnah, R. Shimon ben Gamliel forbids because of Rabah's reason. (Based on what the owner planted last year, planting wheat may be better for the field.)

1. Version #1 - Rashi (Rabah): If one plants wheat and the next year barley, or one year widthwise and the next year lengthwise, this will ruin the field;
2. Version #2 - Tosfos (Rabah): If one plants wheat and the next year barley, or one year widthwise and the next year lengthwise, this will improve the field;

i. If he plows after harvesting, this will not happen (so Reuven may plant barley).

(b) (Mishnah): If he was Choker to plant grain, he may not plant legumes...
(c) Rav Yehudah taught Ravin: If he was Choker to plant grain, he may plant legumes.
(d) Question (Ravin - Mishnah): If he was Choker to plant grain, he may not plant legumes; to plant legumes, he may plant grain.
(e) Answer (Rav Yehudah): The Mishnah is for Eretz Yisrael - I taught you the law in Bavel (where the soil is not harmed by legumes).
(f) (Rav Yehudah): If leeks grow among flax. it is permitted to take them from others' fields (removing them improves the flax more than their own value); if they are on the perimeter of a patch of flax, taking them is theft (because taking them does not help the flax);

1. If the leeks have hardened to the point that the seeds are fit for planting, it is theft to take them even amidst the flax.
2. Question: What is the reason?
3. Answer: They will not cause further harm.

(a) Rav Yehudah (to his neighbor Ravin): Some of your fruit is on my premises, some of my fruit is on your premises (there were trees straddling the border).

1. The custom among neighbors is that the fruit belongs to the one in whose premises the roots are.

(b) Version #1 - Rashi - (Rav): If a tree is on the border between 2 fields, the fruit belongs to the one in whose premises the roots are;
(c) (Shmuel): They divide the fruit.
(d) Question (Beraisa): If a tree stands on the border, the neighbors divide the fruit.
(e) Answer (Shmuel, on behalf of Rav): The case is, the roots are in both fields.

1. Question: If so, this is obvious!
2. Answer: The case is, the branches lean to one side (e.g. the field on the east).

(f) Version #2 - Tosfos - (Rav): If a tree lies on the border (jointly owned by the neighbors, they split the branches that are over the border, each takes the fruit of the branches above his field;
(g) (Shmuel): They divide the fruit.
(h) Question (Beraisa): If a tree stands on the border, the neighbors divide the fruit.
(i) Answer (Shmuel, on behalf of Rav): The case is, the branches are over the border.

1. Question: If so, this is obvious!
2. Answer: The case is, they produce more fruit on one side (e.g. the east) than the other.(end of Version #2)
3. Objection: Still, this is obvious!
4. Answer: One might have thought, the neighbor on the east can say, each of us will take the fruit in his half - the Beraisa teaches, this is not so, the other says, one of us will take the northern, the other, the southern half.

(a) Rav Yehudah (to Ravin): Do not buy land close to the city.

1. (R. Aba): It is forbidden to look at another's field when it is laden with crops (on account of Ayin ha'Ra'ah (jealousy can arouse harsh judgment from Heaven).

(b) Question: But Rav taught, "Baruch Ata ba'Ir" - your house will be close to the synagogue; "u'Varuch Ata ba'Sadeh" - your property will be close to the city; "Baruch Ata b'Vo'echa" - when you return home, you will not find your wife doubtfully Nidah; "u'Varuch Ata b'Tzeiseacha" - your descendants will be like you;

1. (R. Yochanan): "Baruch Ata ba'Ir" - is that you will have a place to relieve yourself near your table - but a house close to the synagogue is not a blessing.

i. This is as R. Yochanan elsewhere - one gets reward for every step he takes to walk to synagogues.

2. (R. Yochanan): "U'Varuch Ata ba'Sadeh" - a third of your land will be grain fields, a third olive orchards, a third vineyards; "Baruch Ata b'Vo'echa u'Varuch Ata b'Tzeiseacha" - you will leave the world as you entered, without sin.

(c) Answer: It is a blessing to have property close to the city only if there is a wall so people cannot see in.
(d) Opinion #1 (Rav): "V'Hesir Hash-m Mimecha Kol Choli" - this is Ayin ha'Ra'ah.

1. This is as he holds elsewhere - Rav went to a graveyard and was able to learn that 99 of every 100 died from Ayin ha'Ra'ah, only one died normally. (Rashi - he whispered by the graves; Aruch - he asked in a dream, or planted trees, imposing an oath on them; R. Peretz - he just said this, he did not do any action to learn this.)

(e) Opinion #2 (Shmuel): "Kol Choli" - this is wind.

1. This is as Shmuel holds, that all sickness and death is due to wind.
2. Question: The kingdom beheads people - this is not due to wind!
3. Answer: If not for wind, they could be cured.

(f) Opinion #3 (R. Chanina): This is the cold.

1. (R. Chanina): "Tzinim Pachim...Shomer Nafsho Yirchak Mehem" - whatever befalls a person is decreed by Heaven, except for chills and fevers (which is from his lack of caution).

(g) Opinion #4 (R. Yosi b'Rebbi Chanina): This is mucus and earwax;

1. A small amount of them is good, a large amount is harmful.

(h) Opinion #5 (R. Elazar): This is Marah (bile).

1. Support (Beraisa): "Machalah" - this refers to Marah;

i. It is called Machalah, because it sickens the whole body.
ii. Also, it is called Machalah because it causes 83 sicknesses (the numerical value of Machalah);
iii. Eating bread in the morning and drinking water prevents all 83.

(i) (Beraisa): There are 13 benefits of eating bread in the morning: it prevents heatstroke, chills, wind and damagers, it gives wisdom to the foolish, it helps him (be settled in Beis Din, which helps him) to win his case, to learn and to teach Torah, people heed his words, he remembers his learning, he does not sweat too much, he only desires his own wife, it kills intestinal worms;

1. Some say, it even dispels envy and promotes love.

(j) Question (Rabah): What is the source of the saying 'Sixty runners cannot catch one who ate bread in the morning, and 60 runners cannot catch one who eats bread in the morning'?
(k) Answer (Rava bar Mari): "They will not be hungry or thirsty, heat and sun will not strike them (because they already ate)."
(l) Rabah: I learn from "You will serve Hash-m" - this is saying "Shma Yisrael" and prayer in the morning; "and he will bless your bread and water" - this is (eating) bread with salt and a ladle of water, after which "I will remove sickness from your midst".

(a) Rav Yehudah (to Rav Ada the land measurer): Be very careful in measuring land - every tiny piece is fitting for saffron;
(b) Version #1 (Rashi): The four Amos people leave fallow by an irrigation channel - don't worry if you mark off less than four;
(c) Version #2 (Tosfos): The four Amos people leave fallow by an irrigation channel - give them generously (so people can stand comfortably while drawing water); (end of Version #2)
(d) The four Amos people leave fallow by the river - don't even measure it, rather, give a generous estimation (Tosfos - if it is too narrow, people pulling ships may fall in!)
(e) This is as Rav Yehudah holds elsewhere.

1. (Rav Yehudah): The four Amos by an irrigation channel belong to the people who use it (Rashi - if they get too little, they can forgive this);
2. The four Amos by the river belong to everyone (Rashi - if they get too little, it is unfeasible to get their forgiveness!)

(f) (R. Ami): Trees or a forest growing by the river bank - one may cut whatever interferes with people pulling the ship, on both banks.
(g) Rav Noson bar Hoshiya cut 16 Amos; the owners beat him.

1. Rav Noson reasoned, the width allotted should be as a public road;
2. This is wrong - there, 16 Amos are needed - here, we only give what is needed for people pulling a ship.

(h) Rabah bar Rav Huna had a forest on the riverbank. People asked him to cut his trees; he said, after the owners upstream and downstream cut, I will also cut.
(i) Question: But Reish Lakish taught, "Hiskosheshu va'Koshu" - first correct yourself before correcting others!
(j) Answer: The case was, the owner upstream and downstream was a Nochri officer, surely he would not agree to cut;

1. Since he would not cut, people pulling the ships would have to be on the other bank in any case - surely, they would not cross to Rabah's side when they came to his forest.