But did not Rav Yitzchak son of Rabbi Yosef say in the name of Rabbi Yochanan:

<<Rabbi,

<<and Rabbi Yehuda ben Ro'etz,

<<and Beis Shammai,

<<and Rabbi Shimon,

<<and Rabbi Akiva,

<<all of them

<<hold that

<<the reading tradition is authoritative!

<<That is

<<why it says

<<to them

<<‘and further.’

Rav Pappa said:

<<one

<<who threw

<<a clod

<<at a palm tree

<<and knocked off

<<dates,

<<and went

<<the dates

<<and killed —

<<we have come

<<to the dispute

<<of Rabbi

<<and the Rabbis.

<<That is obvious!

<<What

<<might you have said:

<<like the force of his force

<<it is reckoned —

<<so it teaches us.

But

<<the force of his force,

<<according to Rabbi,

<<how

<<do you find it?

<<Such as

<<where he threw

<<a clod

<<and it struck

<<a branch,

<<and went

<<the branch

<<and struck

<<a cluster

<<and knocked off

<<dates,

<<and went

<<the dates

<<and killed.

MISHNAH:

<<One who throws

<<a stone

<<into the public domain

<<and killed —

<<behold

<<this one

<<is exiled.

<<Rabbi Eliezer ben Yaakov

<<says:

<<if

<<from when went out

<<the stone

<<from his hand

<<put out

<<the other

<<his head

<<and received it —

<<behold

<<this one

<<is exempt.

[If] he threw

<<the stone

<<into his courtyard

<<and killed —

<<if

<<there is

<<permission

<<for the injured party

<<to enter

<<there,

<<he is exiled;

<<and if

<<not,

<<he is not

<<exiled,

<<as it is said:

<<‘and who

<<comes

<<with his fellow

<<into the forest’ —

<<just as

<<the forest —

<<permission

<<the injured party

<<and the injurer [have]

<<to enter

<<there,

<<so too

<<anywhere

<<permission

<<the injured party

<<and the injurer [have]

<<to enter

<<there.

<<Excluded is

<<the courtyard of

<<the householder,

<<where there is no

<<permission

<<for the injured party

<<and the injurer

<<to enter

<<there.

Abba Shaul

<<says:

<<just as

<<the chopping of wood

<<is optional,

<<so too

<<anything

<<is optional —

<<excluded is

<<the father

<<who strikes

<<his son,

<<and the teacher

<<who chastises

<<his student,

<<and the agent of

<<the court.

GEMARA:

<<‘Into the public domain’ —

<<intentional

<<he is!

<<Rav Shmuel bar Yitzchak said:

<<where he was demolishing

<<his wall.

<<He ought

<<to have looked!

<<Where he was demolishing

<<his wall

<<at night.

<<At night

<<too

<<he ought

<<to have looked!

Where he was demolishing

<<his wall

<<into a refuse heap.

<<This

<<refuse heap —

<<what is it like?

<<If

<<are found

<<in it

<<many people,

<<negligent

<<he is;

<<if

<<not

<<are found

<<in it

<<many people,

<<under duress

<<he is!

Rav Pappa said:

<<it is not

<<needed

<<except

<<for a refuse heap

<<that is used

<<for relieving oneself

<<in it

<<at night,

<<and is not

<<used

<<for relieving oneself

<<in it

<<by day,

<<but there are

<<those who happen by

<<and sit.

<<Negligent

<<he is not,

<<for indeed

<<it is not

<<used

<<for relieving oneself

<<in it

<<by day;

<<under duress

<<too

<<he is not,

<<for indeed

<<there are

<<those who happen by

<<and sit.

‘Rabbi Eliezer ben Yaakov

<<says’

<<etc.

<<The Rabbis taught:

<<‘and it finds’ —

<<to exclude

<<one who presents

<<himself.

<<From here

<<Rabbi Eliezer ben Yaakov said:

<<if

<<from when went out

<<the stone

<<from his hand

<<put out

<<the other

<<his head

<<and received it,

<<he is exempt.

Is that to say

<<that ‘found’

<<from the outset

<<it means?

<<But contrast it:

<<‘and he finds’ —

<<to exclude

<<what is already available,

<<that he should not

<<sell

<<in a distant [field]

<<and redeem

<<in a near one,

<<in a poor one

<<and redeem

<<in a good one!

Rava said:

<<here

<<from the context of the verse,

<<and there

<<from the context of the verse.

<<There,

<<from the context of the verse:

<<‘and he finds’

<<is like

<<‘and his hand attains’ —

<<just as

<<‘his hand attains’

<<is from now on,

<<so too

<<‘finds’

<<as well

<<is from now on.

<<Here,

<<from the context of the verse:

<<‘and it finds’

<<is like

<<the forest —

<<just as

<<a forest

<<is something

<<that exists

<<from the outset,

<<so too

<<‘and it finds’

<<as well

<<is something

<<that exists

<<from the outset.

‘One who throws

<<the stone’

<<etc.

<<Said

<<to him

<<a certain one

<<of the Rabbis

<<to Rava:

<<from where [do you know]

<<that from the chopping of wood

<<that is optional?

<<Perhaps

<<from the chopping of wood

<<of a sukkah,

<<and from the chopping of wood

<<of the altar arrangement,

<<and even

<<so

<<said

<<the Merciful One

<<let him be exiled!

<<He said

<<to him:

<<since

<<if

<<he found

<<[wood] chopped

<<he does not

<<chop,

<<it is not

<<a mitzvah;

<<now

<<too

<<it is not

<<a mitzvah.

Objected to him

<<Ravina

<<to Rava:

<<‘excluded is

<<the father

<<who strikes

<<his son,

<<and the teacher

<<who chastises

<<his student,

<<and the agent of

<<the court.’

<<Let us say:

<<since

<<if

<<he has learned

<<it is not

<<a mitzvah,

<<now

<<too

<<it is not

<<a mitzvah!

<<There,

<<even though

<<he has learned

<<it is a mitzvah,

<<as it is written:

<<‘chastise

<<your son

<<and he will give you rest,

<<and he will give

<<delights

<<to your soul.’

Retracted

<<[and] said

<<Rava:

<<not

<<a thing

<<is it

<<that I said.

<<‘And who

<<comes

<<with his fellow

<<into the forest’ —

<<just as

<<a forest,

<<where if

<<he wishes

<<he enters

<<and if

<<he wishes

<<he does not

<<enter —

<<and if

<<it should enter your mind

<<it is a mitzvah,

<<is it

<<possible

<<that he would not

<<enter?

Said

<<to him

<<Rav Ada bar Ahava

<<to Rava:

<<everywhere

<<that

<<is written

<<‘who,’

<<is it that if

<<he wishes

<<it is?

<<But

<<if so,

<<‘and a man

<<who

<<becomes impure

<<and does not

<<purify himself’ —

<<if

<<he wishes

<<he becomes impure,

<<if

<<he wishes

<<he does not

<<become impure?

<<A corpse with no one to bury it,

<<where it is not

<<possible

<<that he not

<<become impure —

<<so too

<<is it

<<that he is exempt?

It is different

<<there,

<<for said

<<the verse: