‫הלכות נזקי ממון‬

‫פרק חמישי‬
Siman: ‫תקנות‬
TRUNK BRANCHES LEAVES
1. You are allowed to slaughter an animal that trespasses after 3 warnings
Preventive with ‫שחיטה כשרה‬.
measures 2. The Rabbis forbade raising a ‫( בהמה דקה‬goats and sheep) near fields or
vineyards in Israel, because they will do damage to the fields.
3. Ten decrees by Yehoshua regarding using another’s land:
i. A ‫ בהמה דקה‬can pasture in someone’s forest of thick trees. A ‫בהמה‬
‫ גסה‬cannot, regardless of the size of the trees. If the trees of the
forest are thin, no animal can pasture there without ‫רשות‬.
ii. A person can take small twigs that are attached to the ground and wet,
as long as it will not uproot the plant.
iii. Grass can be taken from anywhere except in a field of fenugreek
planted as animal fodder since the grass improves the animal fodder.
iv. It is ‫ מותר‬to take a branch off a tree in Israel for the purpose of grafting
or replanting.
Which tree. This applies to all trees except for the ‫( גרופיות של זית‬The
two remaining branches of an old olive tree.)
Trees height.
a. Olive tree can only be cut from a ‫’כביצה‬s length from the ground
and up.
Yehoshua’s b. All other trees branches should be taken from its middle – not its
decrees to top.
encourage ‫ישוב‬ Side. Branches can only be taken from the side not facing the sun.
Rabbinic ‫א"י‬ When. During the tree’s first year, before its produces fruit.
decrees Vines and reeds. Branches can only be cut up until their connection
regarding to the main root.
using v. Those who live in the city where the ‫ מעין‬exits can benefit from it.
Those who live where it began cannot.
another’s
vi. Anyone can catch fish in Tiberias with a small net. The Shevet (it was
property given to Naftali) only has ‫ רשות‬to use a large net.
vii. If necessary, you can go to the bathroom in another’s field even if it
contained the spice saffron.
viii. If lost in a field you can climb up and down a tree in order to find your
way, even if it breaks branches.
ix. When the road is muddy you can walk on the side of someone’s
property.
x. A corpse should be buried where it is found provided it’s not blocking
the path or within the ‫תחום שבת‬. If it is, we bury it in the cemetery.
4. Shlomo added a ‫ תקנה‬that allowed using private pathways in the summer
until the 2nd rainy season. (From the 17th of Cheshvan)
5. Yehoshua and Shlomo’s decrees apply for Jewish Communities
Additional everywhere.
‫תקנות‬ 6. In ‫בבל‬, private paths are ‫ אסור‬after the dew falls (because of ‫’בבל‬s soft
soil).
7. One is allowed to possess goats and lambs 30 days before a ‫ רגל‬or
personal celebration. A butcher or shochet can also have them. When
permissible to have, they must be kept in the house and fed.
8. The ‫ גזירה‬forbidding the raising of a ‫ בהמה דקה‬in Israel was (‫ )ב‬applied to
‫בבל‬, since Jews owned the majority of fields and vineyards.
Animals 9. The Rabbis also forbade owning unleashed dogs or pigs, because they
forbidden to both have a tendency to cause damage. However, one who lives on the
own border may unleash his dogs at night for protection.
10. You are allowed to sell forbidden animals incrementally if you do ‫ תשובה‬to
inherit them.