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1) CONDITIONS OF INHERITING ERETZ YISRAEL

(a) (Beraisa): Yehoshua made the inheritance of Eretz Yisrael conditional on the following 10 laws (we shall later explain why there are only 10):

1. People may graze animals in forests;
2. People may collect wood from (others') fields;
3. People may take grasses from anywhere, except for a field of clover;
4. In all places, people may cut branches to plant them as new trees, except for stumps of olive trees;
5. Local city dwellers have first right to take water from a new spring;
6. People may fish (with hooks on strings) in the lake of Teveryah, but they may not build traps, for these interfere with boats;
7. People may relieve themselves in back of a fence, even in a field of saffron.
8. 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;
9. People may walk on the side of the road (on the border of others' property), to avoid hardened clumps of dirt in the middle;
10. One lost in a vineyard may cut vines until he finds his way to the road;
11. A corpse that is found is buried where it is found.

(b) (Rav Papa): 'People may graze animals in forests' - only small animals (i.e sheep) may graze in large forests (for this will not consume too many of the trees); it is not permitted for large animals(i.e. cattle), nor for small forests.
(c) (Beraisa): People may take wood from (others') fields.

1. Only thorny weeds may be taken, not other wood; one may only take from what is growing, not from what was already cut; one may only take from moist trees, not from dry trees;
2. One may not uproot the trees (rather, he must leave a stump).

(a) (Beraisa): People may take grass from anywhere, except from a field of clover.

1. This suggests that grass helps clover.

(b) Contradiction (Mishnah): Clover that sprouted with grasses - we do not force him to uproot so as not to transgress the prohibition of Kilayim (for surely he will eventually uproot the grasses since they harm clover).
(c) Answer #1 (R. Yirmeyah): That Mishnah is when one intends to replant the clover - grass is detrimental, it weakens it;

1. The Beraisa is when he intends to eat the stalks - it grows better when it is drapes over grass.

(d) Answer #2: Normally, grass is detrimental for clover; the Beraisa is when the clover was planted for animals, presumably the owner wants the grass for his animals.
(e) Question: How do we know for which it was planted?
(f) Answer (Rav Papa): If it is in patches, it is for man; if not, it is for animals.
(g) (Beraisa): In all places, people may cut branches to plant them as new trees, except for stumps of olive trees;
(h) (R. Tanchum and R. Beryas): By olive saplings, one must leave a stump the size of an egg; by reeds and vines, one may only cut above the highest bulge;

1. By all other trees, one may only cut the soft branches, not the thick ones. (Others explain - one may only cut (in the middle) where there are many branches, not the pinnacle.
2. One may only cut new trees that do not yet yield fruit, not from mature trees that bear fruit.
3. One may only cut from the part that does not see the sun - "From the sweet produce of the sun".

(i) (Beraisa): Local city dwellers have first right to take water from a new spring...

1. (Rabah bar Rav Huna): They must pay the one from whose property it emanates.
2. The law is not as Rabah bar Rav Huna.

(j) (Beraisa): People may fish (with hooks on strings) in the lake of Teveryah, but they may not build traps, for these interfere with boats.
(k) (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.
(l) (Beraisa): The lake of Teveryah was in Naftali's portion; Naftali also received an area to spread traps in the south, to fulfill "Inherit the sea and the south".
(m) (Beraisa - R. Shimon ben Elazar): Uprooted trees (Me'iri - everything detached) in the mountains belong to all the tribes; what is attached belongs to the tribe in which it is found.

1. 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".
2. Also the land we took from the Kena'anim and Perizim was like this - "Emori and its neighbors", all were the same.

(a) (Beraisa): People may relieve themselves in back of a fence, even in a field of saffron.
(b) (Rav Acha bar Yakov): The only Chidush is that one may take a stone from the fence.
(c) (Rav Chisda): This is permitted even on Shabbos.

1. Mar Zutra the Chasid would replace the stone; he told his servant to plaster it well.

(d) (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.
(e) (Rav Papa): In Bavel, walking on a field harms it (and is forbidden) even after dew fell the previous night.
(f) (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.
(g) Shmuel and Rav Yehudah were walking on a road (in Bavel); Shmuel went to the side.

1. Rav Yehudah: Do Yehoshua's enactments also apply in Bavel?!
2. Shmuel: Yes, they were also for Chutz la'Aretz.

(h) 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.

1. Rav: Who is that - that is haughtiness, not to rely on Yehoshua's stipulations!
2. R. Chiya: Perhaps it is my Talmid Rav Yehudah bar Kenosa - all his actions are for the sake of Heaven.

i. R. Chiya found that this was so. He told Rav Yehudah - anyone else that did this would be excommunicated for haughtiness.

(i) (Beraisa): One lost in a vineyard may cut vines until he finds his way to the road.
(j) (Beraisa): Reuven saw Shimon lost in a vineyard; Reuven may cut vines until he helps Shimon find his way.

1. Similarly, if Reuven is lost he may cut vines until he finds his way.
2. Question: What is the Chidush of the second clause?
3. Answer: One might have thought, we only allow one to cut vines if he knows the way - otherwise, one must backtrack without cutting vines.

(k) Question: Why is this listed as an enactment of Yehoshua - it is mid'Oraisa!

1. (Beraisa): "You will return him" - it is a Mitzvah to help one who is lost to find his way.

(l) Answer: Mid'Oraisa, one may not harm another's property to help him; Yehoshua enacted that he may cut vines for this.
(m) (Beraisa): A corpse that is found is buried in that place.
(n) Contradiction (Beraisa): A corpse that is found on a public road - it is buried to the right or left side of the road, whichever place will cause less loss.

1. 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.
2. If both sides are similar, the corpse may be buried in either side.

(o) Answer (Rav Bivi): The case is, the corpse lies on the width of the road - we do not bury it there, for then people that pass would become Tamei;

1. Since we cannot bury it in his place, we are allowed to move it anywhere.

(a) Question: The Beraisa said there were 10 enactments, but it listed 11!
(b) Answer: The enactment that people may walk through a field after the crops have been gathered (until it is plowed) was enacted by Shlomo.

1. (Beraisa): 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!

i. On this it is said 'In place of being good, do not be called evil'.
ii. Question: There is no such verse!
iii. Answer: This is the meaning of "Do not withhold doing good for someone; if you have the ability, do it."

(c) Question: But Yehoshua made other enactments!

1. (Beraisa - R. Yehudah): When people normally put dung out a person may put dung in the public domain for 30 days so people and animals will trample on it - Yehoshua made this a condition for inheriting Eretz Yisrael.
2. (Beraisa - R. Yishmael son of Rebbi Yochanan ben Berokah): Yehoshua made the inheritance of Eretz Yisrael conditional on these 3 enactments:

i. 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;
ii. (Reuven was carrying a barrel of honey and it broke; Shimon was carrying a barrel of wine, which is cheaper than honey.) Shimon should spill out his wine to save the honey; Reuven pays him the value of his wine.
iii. (Reuven's donkey, which was carrying flax, died; 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 him the value of his wood.

(d) Answer: Our Tana only lists stipulations that all agree to; only 1 Tana holds of the above enactments.
(e) Question: But Ravin taught, if the foliage of Reuven's tree extends into Shimon's field or Reuven's tree is planted on the border of Shimon's field, Reuven may bring Bikurim and recite ("...The land that you (Hash-m) gave to me...", even though it did not (fully) grow in Reuven's land) - Yehoshua made the inheritance of Eretz Yisrael conditional on this enactment.
(f) Answer: Indeed, the teaching about Yehoshua's 10 enactments is not a Beraisa, rather a teaching of R. Yehoshua ben Levi - R. Yochanan argues on R. Yehoshua ben Levi.

1. Rav Gaviha recited this teaching in R. Yehoshua ben Levi's name.