CONDITIONS OF INHERITING ERETZ YISRAEL [last line on previous Amud]
(Beraisa): Yehoshua made the inheritance of Eretz Yisrael conditional on the following 10 laws (we will explain on Amud B why there are only 10):
People may graze animals in forests;
People may collect wood from (others') fields;
People may take grass from anywhere, except for a field of clover;
In all places, people may cut branches to plant them to be new trees, except for stumps of olive trees;
Local city dwellers have first rights to take water from a new spring;
People may fish (with hooks on strings) in Lake Teveriyah, but they may not build traps, for these interfere with boats;
People may relieve themselves in back of a fence, even in a field of saffron.
After crops are gathered from a field until it is plowed (for next year's crop), people may walk through it, until the time of the second rainfall;
People may walk on the side of the road (on the border of others' property), to avoid hardened clumps of dirt in the middle;
One lost in a vineyard may cut vines until he finds his way to the road;
A found corpse is buried where it is found.
(Rav Papa): The Beraisa permits grazing animals in forests, i.e. small animals (i.e. sheep) in large forests (this will not consume too many of the trees). One may not graze large animals (i.e. cattle), nor (even small animals) in small forests.
THINGS THAT MAY BE TAKEN [line 15]
(Beraisa): People may take wood from (others') fields.
Only thorny shrubs may be taken, but not other wood. One may take only from what is growing, but not from what was already cut. One may only take from moist trees, not from dry trees;
One may not uproot the trees (rather, he must leave a stump).
(Beraisa): People may take grass from anywhere, except from a field of clover.
Inference: This connotes that grass helps clover.
Contradiction (Mishnah): If grass sprouted amidst clover, we do not force him to uproot it to avoid the Isur of Kilayim (growing diverse species together, for surely he will eventually uproot the grasses, since they harm clover).
Answer #1 (R. Yirmiyah): The Mishnah refers to one who intends to replant the clover. Grass is detrimental, it weakens it;
The Beraisa discusses one who intends to eat the stalks. It grows better when it is draped over grass.
Answer #2: Normally, grass is detrimental for clover. The Beraisa discusses clover planted for animals. Presumably, the owner wants the grass for his animals.
Question: How do we know for which it was planted?
Answer (Rav Papa): If it is in patches, it is for man. If not, it is for animals.
(Beraisa): In all places, people may cut branches to plant them to be new trees, except for stumps of olive trees.
(R. Tanchum and R. Beryas): For olive saplings, one must leave a stump the size of an egg. For reeds and vines, one may cut only above the highest bulge;
Regarding all other trees, one may cut only the soft branches, not the thick ones. (Others explain - one may cut only (in the middle) where there are many branches, not the pinnacle.)
One may cut only new trees that do not yet yield fruit, but not mature trees that bear fruit.
One may cut only from the part that does not see the sun - "from the sweet fruits of the sun."
(Beraisa): Local city dwellers have first right to take water from a new spring...
(Rabah bar Rav Huna): They must pay the one from whose property it emanates.
The Halachah does not follow Rabah bar Rav Huna.
(Beraisa): People may fish (with hooks on strings) in the lake of Teveriyah, but they may not build traps, for these interfere with boats.
(Beraisa): At first, the tribes stipulated with each other that one may not spread large nets, which can interfere with river traffic, but one may hunt fish with small nets or traps.
(Beraisa): The lake of Teveriyah was in Naftali's portion; Naftali also received an area to spread traps in the south, to fulfill "inherit the sea and the south".
(Beraisa - R. Shimon ben Elazar): Uprooted trees (Meiri - everything detached) in the mountains belong to all the tribes. What is attached belongs to the tribe in which it is found.
Every tribe received in the mountain, lowland, dry land and valley - "... come to the land of the Emori and its neighbors, in the plain, mountain, lowland, dry land and seashore."
Also the land we took from the Kena'anim and Perizim was like this - "Emori and its neighbors" teaches that all were the same.
PERMISSION TO USE OTHERS' PROPERTY [line 17]
(Beraisa): People may relieve themselves in back of a fence, even in a field of saffron.
(Rav Acha bar Yakov): The only Chidush is that one may take a stone from the fence.
(Rav Chisda): This is permitted even on Shabbos.
Mar Zutra the Chasid would replace the stone. He told his servant to plaster it well.
(Beraisa): After crops are gathered from a field until it is plowed (for next year's crop), people may walk through it, until the time of the second rainfall.
(Rav Papa): In Bavel, walking on a field harms it (and is forbidden) even if dew fell the previous night.
(Beraisa): People may walk on the side of the road (on the border of others' property), to avoid hardened clumps of dirt in the middle.
Shmuel and Rav Yehudah were walking on a road (in Bavel). Shmuel went to the side.
Rav Yehudah: Do Yehoshua's enactments also apply in Bavel?!
Shmuel: Yes, they were also for Chutz la'Aretz.
Rav and R. Chiya were walking on the road; they went to the side. Rav Yehudah bar Kenosa was ahead of them, walking in the middle, taking big steps to avoid the obstacles.
Rav: Who is that? That is haughtiness, not to rely on Yehoshua's Tanayim!
R. Chiya: Perhaps it is my Talmid Rav Yehudah bar Kenosa. All his actions are for the sake of Heaven.
R. Chiya found that this was so. He told Rav Yehudah 'anyone else who did so would be excommunicated for haughtiness.'
(Beraisa): One lost in a vineyard may cut vines until he finds his way to the road.
(Beraisa): If Reuven saw Shimon lost in a vineyard, Reuven may cut vines until he helps Shimon find his way.
Similarly, if Reuven is lost he may cut vines until he finds his way.
Question: What is the Chidush of the second clause?
Answer: One might have thought that one may cut vines only if he knows the way. Otherwise, one must backtrack without cutting vines.
Question: Why is this listed among enactments of Yehoshua? It is mid'Oraisa!
(Beraisa): "You will return him" teaches that it is a Mitzvah to return another's body (help him find his way if he is lost).
Answer: Mid'Oraisa, one may not harm another's property to help him. Yehoshua enacted that he may cut vines for this.
(Beraisa): A corpse that is found is buried in that place.
Contradiction (Beraisa): A corpse found on a public road is buried to the right or left side of the road, whichever place will cause less loss.
There is less loss in an unplowed field than in a plowed field. There is less loss in a plowed field than in a seeded field.
If both sides are similar, the corpse may be buried in either side.
Answer (Rav Bivi): The case is, the corpse lies on the width of the road. We do not bury it there, for then people who pass would become Tamei;
Since we cannot bury it in his place, we may move it anywhere.
OTHER ENACTMENTS [line 40]
Question: The Beraisa said there were 10 enactments, but it listed 11!
Answer: Shlomo enacted that people may walk through a field after the crops have been gathered (until it is plowed).
(Beraisa): If Reuven gathered his crops, and does not allow people to walk through his field, there is no justification for this. They would not harm his field!
It says about this 'in place of being good, do not be called evil'.
Question: There is no such verse!
Answer: This is the meaning of "do not withhold doing good for someone; if you have the ability, do it."
Question: Yehoshua made other enactments!
(Beraisa - R. Yehudah): When people normally put dung out, one may put dung in the Reshus ha'Rabim for 30 days so people and animals will trample on it. Yehoshua made this a condition for inheriting Eretz Yisrael.
(Beraisa - R. Yishmael son of Rebbi Yochanan ben Berokah): Yehoshua made the inheritance of Eretz Yisrael conditional on these three enactments:
If Reuven's bees settled on a branch in Shimon's field, Reuven may cut off the branch to retrieve his bees and pay for the branch;
If Reuven was carrying a barrel of honey and it broke, and Shimon was carrying a barrel of wine (which is cheaper than honey), Shimon should spill out his wine to save the honey. Reuven to pays him the value of his wine.
If Reuven's donkey, which was carrying flax, died, and Shimon's donkey was carrying wood, (which is cheaper than flax,) Shimon should dump his wood and load the flax on his donkey. Reuven pays to him the value of his wood.
Answer: Our Tana lists only Tanayim that all agree about. Only one Tana holds that Yehoshua made these other enactments.