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Babylonian Talmud: Tractate Baba Bathra
— It teaches us this: [The space] below1 [was] as [that] above. As [the space] above2 served no [material] purpose.3 so [the space] below served no [material] purpose.4 This supports R. Levi; for R. Levi — others say. R. Johanan — said:5 We have this as a tradition from our fathers [that] the place of the Ark and the Cherubim is not included in the measured [space]. So, indeed, it has been taught:6 The Ark which Moses made had a free space of ten cubits on every side.7
Rabina said in the name of Samuel: The Cherubim [made by Solomon] stood by a miracle; for it is said, And five cubits was the one wing of the Cherub,' and five cubits the other wing of the Cherub,' from the uttermost part of the one wing unto the uttermost part of the other were ten cubits,8 where, [then] were their bodies standing?9 Consequently it must be inferred that they stood by a miracle.
Abaye demurred: They might have been standing [with their bodies] protruding [under the wings] like [those of] hens!10 Raba demurred: perhaps they did not stand opposite one another!11 R. Aha b. Jacob demurred: They might have been standing diagonally.12 R. Huna the son of R. Joshua demurred: The house might have been wider from above!13 R. Papa demurred: Might not their wings have been bent?14 R. Ashi demurred: Their wings might have been overlapping each other!15
How did they16 stand? — R. Johanan and R. Eleazar [are in dispute on the matter]. One Says: They faced each other; and the other says: Their faces were inward. But according to him who says that they faced each other, [it may be asked]: Is it not written, And their faces were inward?17 — [This is] no difficulty: The former18 [was] at a time when Israel obeyed the will of the Omnipresent; the latter19 [was] at a time when Israel did not obey the will of the Omnipresent. According to him who says that their faces were inward [it may be asked]: Is it not written, With their faces one to another?20 They were slightly turned sideways.21 For [so] it was taught: Onkelos the proselyte said, 'The Cherubim were of image22 work23 and their faces were turned sideways as a student who takes leave of his master.24
MISHNAH. HE WHO OWNS A CISTERN WITHIN ANOTHER MAN'S HOUSE, GOES IN WHEN IT IS USUAL FOR PEOPLE TO GO IN, AND GOES OUT WHEN IT IS USUAL FOR PEOPLE TO GO OUT. HE MUST NOT BRING IN HIS BEAST [THROUGH THE OTHER'S HOUSE] TO GIVE IT DRINK FROM HIS CISTERN. BUT MUST FILL [HIS VESSEL] AND GIVE [THE BEAST] TO DRINK OUTSIDE. ONE OF THEM MAY MAKE FOR HIMSELF A LOCK, AND THE OTHER MAY [ALSO] MAKE FOR HIMSELF A LOCK.
GEMARA. Where [is] the lock [to be attached]? — R. Johanan said: Both25 to the cistern. This is right [in the case of] the owner of the cistern, [for] he has to protect the water of his cistern; but for what purpose does the owner of the house [require a lock]? — R. Eleazar said:
Baba Bathra 99b
In order [to avert] suspicion from his wife.1
MISHNAH. HE WHO HAS A GARDEN WITHIN THE GARDEN OF AN OTHER MAN ENTERS WHEN IT IS USUAL FOR PEOPLE TO ENTER AND GOES OUT WHEN IT IS USUAL FOR PEOPLE TO GO OUT. HE MUST NOT BRING [ANY] DEALERS INTO IT.2 HE MUST NOT ENTER [IT FOR THE MERE PURPOSE OF PASSING] FROM IT INTO ANOTHER FIELD. THE EXTERNAL [FIELD OWNER MAY] SOW THE PATHWAY.3 IF A SIDE PASSAGE WAS GIVEN4 HIM5 WITH THE CONSENT OF THE TWO, HE MAY ENTER WHENEVER HE DESIRES AND GO OUT WHENEVER HE DESIRES, AND MAY [ALSO] BRING DEALERS INTO IT.6 HE MUST NOT, [HOWEVER,] ENTER [IT FOR THE MERE PURPOSE OF PASSING] FROM IT INTO ANOTHER FIELD. NEITHER THE ONE NOR THE OTHER MAY SOW IT7
GEMARA. Rab Judah said in the name of Samuel: [If one says to another]. 'I sell you [land for] an irrigation [canal of the width of one] cubit', he must, [in addition to the width of the canal]. allow him two cubits [of land] in [the field] itself,8 one cubit on either side [of the canal] for its banks.9 [If he said.] 'I sell you [ground] for a pond10 [of the width of one] cubit', he must, [in addition to the pond], allow him one cubit [of ground] in [the courtyard] itself,11 half a cubit on either side [of the pond] for its banks.11 Who [has the right of] sowing these banks? — Rab Judah said in the name of Samuel: The owner of the field [is entitled] to sow them. R. Nahman said in the name of Samuel: The owner of the field [is entitled to] plant them. He who said, 'sow them', [agrees]. even more so, [that] he may plant them;12 but he who said, 'plant them', [holds the opinion that] he must not, however, sow them, [because] they penetrate13 [into the canal].14
Rab Judah further stated in the name of Samuel: A water canal14 whose banks have been worn away, may be repaired [with the earth] of that field [through which it runs], for it is known that the banks could not have been washed away except into that very field.15 R. Papa demurred: Let the field owner say, [to the owner of the canal]. 'Your water has lowered your ground'!16 — But, said R. Papa. [the reason why earth may be taken from the adjacent field is] because the owner of the field has consented17 to this condition.18
MISHNAH. HE WHOSE FIELD IS TRAVERSED BY A PUBLIC PATH AND HE CLOSED IT, SUBSTITUTING [ANOTHER PATH] AT THE SIDE, FORFEITS THAT WHICH HE HAS GIVEN19 AND [THAT WHICH HE APPROPRIATED AS] HIS DOES NOT PASS INTO HIS POSSESSION.20 A PRIVATE PATH [HAS A WIDTH OF] FOUR CUBITS.21 A PUBLIC ROAD [HAS A WIDTH OF] SIXTEEN CUBITS. THE KING'S HIGHWAY HAS NO LIMIT[S]. THE PATH OF A FUNERAL CORTEGE22 HAS NO LIMIT[S].23 THE HALTING [PLACE]24 HAD, SAID THE JUDGES OF SEPPHORIS, AN AREA OF FOUR KAB.25
GEMARA. Why should not [THAT PATH, WHICH HE APPROPRIATED AS] HIS, PASS INTO HIS POSSESSION?26 Let him27 take a whip and sit down [to guard his path]! Does this, then, imply that a man may not take the law in his own hands even where a loss is involved?28 — R. Zebid replied in the name of Raba: It is a decree [that he is not allowed to substitute another path for the one already used by the public] lest he assign to them a crooked path.29 R. Mesharsheya said in the name of Raba: [Our Mishnah deals only with the case where] he gives them a crooked path.30
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