Sunday, July 14, 2024

An ounce of prevention is worth a pound of cure TB Baba Batra 18-19

Just because you own property doesn’t mean you can do anything you want on it. Especially in gated communities there are lots of rules what you’re allowed and what your prohibited to do. For example, gated communities often have strict rules regarding landscaping and maintenance. The Talmud sets forth rules what a person must do on his property to be a good neighbor 

The Mishnah on daf TB Baba Batra 17a outlines what an owner must do so he does not damage his neighbor’s property. “A person may not dig a pit close to the pit of another, in order to avoid damaging the latter’s pit. And similarly, one may not dig a ditch, nor a cave, i.e., a covered pit, nor a water channel, nor a launderer’s pond, which is a pit used for washing clothes, unless he distanced all of these three handbreadths from the wall of another and he plasters lime on the place where there is water.

 "And one must distance the solid residue of produce that has been pressed free of its oil, e.g., the refuse of olives from which oil has been squeezed, and animal manure, and salt, and lime, and rocks three handbreadths from the wall of another, as all these items produce heat and can damage the wall. Or, alternatively, he may plaster the wall with lime to prevent damage. One must likewise distance seeds, i.e., one may not plant seeds, and one may not operate the plow, and one must eliminate urine, three handbreadths from the wall of another.

 “The mishna continues: And one must distance a mill from a neighbor’s wall by three handbreadths from the lower stone of the mill, which is four handbreadths from the smaller upper stone of the mill. And there must be a distance of three handbreadths from the protruding base [hakalya] of an oven until the wall, which is four handbreadths from the narrow upper rim [hassafa] of the oven.”

In other words Benjamin Franklin was correct when he wrote in his Poor Richard’s Almanac, “An ounce of prevention is worth a pound of cure.”

Subsequently on daf TB Baba Batra 18 Abaye and Rava argue whether a person may dig a pit up to the edge of his property when the neighbor has not yet dug a pit. Abaye says yes and Rava says no and must provide that 3 handbreadths distance from his neighbor’s wall. Perhaps the neighbor will eventually want to dig a pit on his side of the property and then the two pits will not be the 6 handbreadths of each other safe distance.  Even though the Gemara doesn’t come to a conclusion, usually the halakha is according to Rava.

On today’s daf TB Baba Batra 19 We can see that the purpose of the pit determines how far it should be away from the neighbor’s wall. “§ The mishna teaches: Nor may one set up a launderer’s pond near his neighbor’s wall unless he distances it three handbreadths from the wall. Rav Naḥman says that Rabba bar Avuh says: They taught this only with regard to a soaking pond, in which soiled clothes are left to soak for several days. But in the case of a washing pond [hanadyan], where clothes are actively cleaned, four cubits are required. That opinion is also taught in a baraita: A launderer’s pond must be kept four cubits from one’s neighbor’s wall.” (Sefaria.org translation)

Everybody knows that water can damage a wall. We have to remember that laundry was done by hand. Washing and wringing the clothes spritzes the water; consequently a launderer’s pond would have to be farther away than just a soaking pond. We should be happy that we not only have modern washing machines but also better soaking the detergents because Rashi comments that they used to soak the clothes in water with dog’s dung for a day or two.

 

  

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