Chapter IX

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

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CHAPTER XI.

§ 1. Whoever throws [something] from a private reshuth into the public reshuth, or from the public reshuth into a private reshuth, is guilty; from one private reshuth into another private reshuth, [there being] a public reshuth between the two, R. Akivah pronounces him guilty; but the sages absolve him.

§ 2. How is this to be understood? [Suppose] two balconies project [from the private reshuth of the houses to which they respectively belong] into the public reshuth, and face each other, whoever reaches [hands] or throws any thing out of one into the other, is absolved. If both [balconies] be in one row, he who reaches [hands something out of one into the other] is guilty, but he who throws [any thing from one into the other] is absolved; for such [reaching or handing] was [part of] the work of the Levites [in their ministry at the tabernacle, viz.] two waggons stood next to each other in the public reshuth, and the boards [of the tabernacle] they handed from one waggon into the other, but they did not throw them. If a heap of mould [dug out] of a pit, or a rock [stone], be ten hands high and four wide, whoever takes [any thing] away from either, or puts [any thing] thereon, is guilty; [should the size thereof be] less than this, [ten hands by four], he is absolved.

§ 3. If, from [a distance of] four amoth, a man throws [something] against the wall [should it hit] higher than ten hands [from the ground], it is as if he threw [it] in the air; [should it hit] lower than ten hands [from the ground], it is as if he threw [it] on the ground. He who throws [any thing] on the ground, [to the distance of] four amoth, is guilty. If he threw [it] within the four amoth, but it rolled beyond the four amoth, he is absolved. [If he threw it] beyond the four amoth, and [it] rolled back again within them, he is guilty.

§ 4. He who throws [something] into the sea, [to the distance of] four amoth, is absolved. If a pool of water be traversed by a public reshuth [thoroughfare], whoever throws [any thing] into it [to the distance of] four amoth, is guilty. What [depth] constitutes a pool? Less than ten hands [deep]. Any pool which is [occasionally] traversed as a public reshuth [thoroughfare], whoever throws [any thing] into it [to the distance of] four amoth, is guilty.

§ 5. He who throws from the sea to the shore, or from the shore to the sea; from the sea to the ship, or from the ship to the sea, or

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from one ship into another, is absolved. If ships are fastened together, [things] may be moved [conveyed] from one into the other; if they are not fastened together, even though they touch, [things] must not be moved [conveyed] from one into the other.

§ 6. If a man throws [something] and, after it has left his hand, he remembers [it is Sabbath], should that [which he has thrown] be caught up by any other [person], or snapped up by a dog, or should it become ignited [and burnt in the air], he [who has thrown it] is absolved. Has he thrown [something] with intent to wound either man or beast, and remembers [that it is Sabbath] before the wound is inflicted, [as long as the object is not hit], he is absolved. The rule is, all those who [when guilty] are bound to bring a sin offering, do not become guilty, unless [both] the beginning and end, [result of their offence] be unwittingly [inadvertently]. If the beginning be unwittingly and the end wittingly [premeditated], or if the beginning be wittingly [premeditated], and the end unwittingly [accidental] [in either case] they [the offenders] are absolved; unless [as has already been stated], both beginning and end [result of the offence] be unwittingly [inadvertently] committed.