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Steinsaltz

and summons a judge to judgment, has he disqualified the judge even if he were later to be exonerated? Rather, it should say: Any judge who is summoned to judgment and money is lawfully taken from him, i.e., he was ordered to return someone’s property, is not considered a judge. When they heard this, they wrote this addendum to the original inscription: But the elders of the Jews say that any judge who is summoned to judgment and money is lawfully taken from him is not considered a judge.

Rabbi Bena’a also saw that it was written there: At the head of all death am I, blood, i.e., people die from an excess of blood; at the head of all life am I, wine, i.e., wine is what gives life. He said to them: If that is so, in the case of someone who falls from a roof and dies, or someone who falls from a palm tree and dies, was it blood that killed him? And furthermore, concerning someone who is on the way to death, can they give him a drink of wine and he will live? Rather, this is what should be written: At the head of all illness am I, blood; at the head of all healing am I, wine. When they heard this, they wrote this addendum to the original inscription: But the elders of the Jews say: At the head of all illness am I, blood; at the head of all healing am I, wine. In a place where there is no wine, herbs are required there as medicines.

Having related that incident, the Gemara notes that at the entrance of Kapotekiyya it was written: Anpak, anbag, antal, which are all names for the same measurement. And what is antal? It is the quarter-log of the Torah.

MISHNA: With regard to a spout protruding from one’s roof gutter draining water into another’s property, its owner has no means to establish an acquired privilege for its use, but he does have the means to establish an acquired privilege with regard to its place, as the Gemara will explain. With regard to a gutter pipe that traverses the length of the roof, one does have the means to establish an acquired privilege for its use.

With regard to an Egyptian ladder, which is small and portable, one has no means to establish an acquired privilege for its use. But with regard to a Tyrian ladder, which is large and fixed in place, one does have the means to establish an acquired privilege for its use.

With regard to an Egyptian window, one has no means to establish an acquired privilege for its use; but with regard to a Tyrian window, one does have the means to establish an acquired privilege for its use. What is the defining feature of an Egyptian window? It is any window that is so small that a person’s head is not able to fit inside it. Rabbi Yehuda says: If a window has a frame, even though a person’s head is not able to fit inside it, one does have the means to establish an acquired privilege for its use.

GEMARA: The Gemara asks: What is the meaning of the mishna’s statement: With regard to a spout, its owner has no means to establish an acquired privilege for its use, but he does have the means to establish an acquired privilege with regard to its place? Rav Yehuda said that Shmuel said: This is what it is saying: Concerning a spout, its owner has no means to establish an acquired privilege for its use with regard to one side, i.e., the owner of the field below has the right to move the spout from one place to another on one side of the roof, but he does have the means to establish an acquired privilege concerning its place with regard to two sides, i.e., the owner of the field below does not have the right to move it to another side of the roof.

Rabbi Ḥanina said there is a different explanation: With regard to a spout, its owner has no means to establish an acquired privilege for its size, as if it was long, the owner of the field below may shorten it, but one does have the means to establish an acquired privilege with regard to its place, as if the owner of the field below comes to remove it entirely, he may not remove it.

Rav Yirmeya bar Abba said there is a different explanation: With regard to a spout, its owner has no means to establish an acquired privilege for its use, as if the owner of the field below wishes to build beneath it, he may build, and the owner of the spout may not prevent him from doing so; but one does have the means to establish an acquired privilege with regard to its place, as if the owner of the field below comes to remove it entirely, he may not remove it.

Talmud - Bavli - The William Davidson digital edition of the Koren No=C3=A9 Talmud
with commentary by Rabbi Adin Steinsaltz Even-Israel (CC-BY-NC 4.0)
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