Eighteen Treatises from the Mishna, by D. A. Sola and M. J. Raphall, [1843], at sacred-texts.com

CHAPTER II.

§ 1. Inclosures [partitions] must be made round wells: [they must be made of] four double deal-boards, [placed at the corners of the well so that the four deal-boards] appear like eight. Such is the dictum of R. Jehudah; but R. Meir saith, "Eight [deal-boards must be used], which appear [as if there were] twelve, [namely] four double deal-boards and four single ones; their height must be ten hands, their width six hands, whatever may be their thickness; [the interspace] between them [must not be wider] than to pass two teams of cattle, each team of three beasts abreast." Such is the dictum of R. Meir; but R. Jehudah saith, "each team of four beasts abreast," 1 that is to say, of cattle yoked together in a team,

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but not walking loose [unyoked], so that one enters as the other passes out.

§ 2. It is permitted to bring the inclosure quite close to the well; provided always that the head and greater part of the body of a cow [animal] be within [the inclosure] while it drinks. It [the inclosure] may [likewise] be placed at some distance from the well, provided that more deal-boards [be used].

§ 3. R. Jehudah saith, "[The greatest distance from the well, at which it is permitted to place an inclosure is] two beth saah;" 2 but they [the sages] said to him, "[The size of] two beth saah is only applicable to a garden or a wood-store, but as for a pen [for cattle], or a fold, or a drying [bleaching] ground [behind the house], or a court [in front of the house], even though it be of the size of five beth kur, 3 yea, even of ten beth kur, it is lawful [to carry or move things therein on the day of rest]." It is [therefore] permitted to place [the inclosure] at any convenient distance [from the well], provided that more deal-boards [be used].

§ 4. R. Jehudah saith, "If a public thoroughfare interrupts [passes through] the inclosure, it must be closed up [with boards], at the sides [towards the thoroughfare]; but the sages hold, it is not necessary. Whether it be a public cistern, or a public well, or a private well, [such an inclosure of] boards must be made for it; but to a private cistern, a partition ten hands high is to be made. Such is the dictum of R. Akivah; but R. Jehudah ben Babah saith, "An inclosure of deal-boards must be made only for a public well; for all others [it is sufficient to] make a girth [rope fence], ten hands high."

§ 5. Moreover, R. Jehudah ben Babah also said, "If a garden or wood-store be somewhat above seventy amoth square, and is encompassed [inclosed] by a wall ten hands high, it is lawful to move [carry things] therein; provided always that there is a watch-box, or dwelling [of some kind within the garden or store], or that it be close to the town;" but R. Jehudah saith, "Even though there be nothing [else] within it than a cistern, or a reservoir, or a cave, it is lawful to move, carry things within it [the garden or store]." R. Akivah saith, "Even though there be not one of all these [objects] within [the garden or wood-store], it is lawful to move [carry things] therein [on the day of rest], provided it do not measure much above seventy square amoth." R. Eleazar saith, "If the length [of such a

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garden of wood-store] exceed its width by even a single amah, it is not permitted to move [carry things] therein;" but R. José saith, "Even though its length be twice its width, it is lawful to move [carry things] therein."

§ 6. R. Elai said, "I heard from R. Eleazar, that even though it [the garden or wood-store] should be an entire beth kur [in extent], it is permitted to move or carry things therein on the day of rest. I also heard from him, that if one of the householders of a court had forgotten, and not [joined in] the erub, it is unlawful for him to carry any thing out of, or into, his house; but to them [the other inmates of the court] it is permitted [so to do]. Moreover, I heard from him, that a man might fully acquit himself of his duty 4 on the Passover, by using ‏עקרבנין‎; 5 and I inquired among all his disciples, seeking a companion [who had likewise heard him pronounce these opinions], but I could not find [meet with one]."

Footnotes

73:1 The space in width allowed for an ox is 1⅔ ell; so that, according to the opinion of R. Meir, the interspace must not exceed 11 ells; while R. Jehudah allows 14⅓ ells.

74:2 Vide Treatise Kilaim, chap. II. § 2.

74:3 Ibid. § 9.

75:4 To eat bitter herbs.

75:5 Scolopendrium [hart's-tongue].