Bava Batra 2:11
By :
Daniel Nevins JTS Alum (Rabbinical School), Former Pearl Resnick Dean of The Rabbinical School and the Division of Religious Leadership, Adjunct Assistant Professor
Posted On Jan 1, 2008 | Mishnat Hashavua
What is the responsibility of a landowner to prevent his foliage from damaging the property of a neighbor?
诪专讞讬拽讬谉 讗转 讛讗讬诇谉 诪谉 讛讘讜专 注砖专讬诐 讜讞诪砖 讗诪讛, 讜讘讞专讜讘 讜讘砖拽诪讛 讞诪砖讬诐 讗诪讛, 讘讬谉 诪诇诪注诇讛 讘讬谉 诪谉 讛爪讚. 讗诐 讛讘讜专 拽讚诐 拽讜爪抓 讜谞讜转谉 讚诪讬诐, 讜讗诐 讗讬诇谉 拽讚诐 诇讗 讬拽讜抓. 住驻拽 讝讛 拽讚诐 讜住驻拽 讝讛 拽讚诐, 诇讗 讬拽讜抓. 专讘讬 讬讜住讬 讗讜诪专: 讗祝 注诇 驻讬 砖讛讘讜专 拽讜讚诐 诇讗讬诇谉 诇讗 讬拽讜抓, 砖讝讛 讞讜驻专 讘转讜讱 砖诇讜, 讜讝讛 谞讜讟注 讘转讜讱 砖诇讜.
A tree [owned by one party] should be kept distant from a cistern [owned by another] by twenty-five cubits [about forty-five feet]. If it is a carob or sycamore tree [which have longer roots], it should be kept fifty cubits distant, whether it is above or beside [the cistern]. If the cistern preceded [the tree], they should chop down the tree and compensate [its owner]. If the tree preceded [the cistern], it should not be chopped. If it is doubtful which preceded, they should not chop [the tree.] Rabbi Yossi says: Even if the cistern preceded the tree they should not chop down the tree, for one owner digs in his lot, and the other plants in his lot.
Comments
This Mishnah explores the complexities of property ownership. The root system of one person鈥檚 tree can damage the cistern on his neighbor鈥檚 property. The Sages protect the cistern owner from the tree planter, but Rabbi Yossi gives each owner more freedom to use his property. This debate can be seen as a broader discussion of property rights versus communal obligations.
Questions
- Bava Batra presents many cases in which one person鈥檚 business (e.g., a tannery) can be obnoxious to his or her neighbor. Is strict zoning a necessary practice or too much of an infringement on individual rights?
- Jewish law is particularly protective of trees, even when, as in this case, they are causing damage to adjacent property. What is the symbolic force of this policy? (Hint: read Psalm 1.)
