Mishnayos Bava Metzia Perek 10 Mishnah 5

In the case of one whose wall was adjacent to another’s garden, and the wall fell, and the owner of the garden said to him: Clear away your stones, and the owner of the stones said to him: They are yours, as I hereby declare them ownerless, and you can take them for yourself; the court does not listen to him, since he cannot force the other to acquire the stones. If after the owner of the garden voluntarily accepted ownership of the stones upon himself, the owner of the wall said to him: Here you are, take your expenditures for the removal of the stones, and I will take the stones that are mine; the court does not listen to him, as they had already been acquired by the owner of the garden. The mishna continues: In the case of one who hires a laborer to do work with him with hay or with straw, and after he finished the task, the laborer said to the employer: Give me my wages, and the employer said to him: Take what you have worked with as your wages, i.e., take some of the hay or straw as payment, the court does not listen to him. Although debts can be paid with any item of value, even hay or straw, the wages of a laborer must be paid in accordance with the initial agreement between the laborer and the employer. But if after the laborer accepted upon himself to keep the hay or straw as payment, the employer changed his mind and said to him: Here you are, take your wages and I will take what is mine; the court does not listen to him, since the laborer had already acquired the hay. In the case of one who takes manure out to the public domain, in order for it to be transported to fertilize a field, he who takes it out from his property takes it out, and immediately, he who takes it to fertilize the field takes it to fertilize the field. They must relocate the manure immediately without allowing it to sit around in the public domain. Similarly, one may not soak clay in the public domain before it is kneaded, and one may not mold bricks in the public domain since this takes a long time and inhibits use of the public domain by others. But one may knead clay in the public domain, as this process does not take long, but not bricks. With regard to one who builds a structure, keeping the building materials in the public domain, he who brings the stones brings them, and immediately, he who builds the structure builds with them, and may not leave them there. And if the stones cause damage before he had a chance to build them into the structure, he must pay for what he damaged. Rabban Shimon ben Gamliel says: One may even prepare his work thirty days beforehand; he may keep the building materials in the public domain for that duration.

מִי שֶׁהָיָה כֹתְלוֹ סָמוּךְ לְגִנַּת חֲבֵרוֹ וְנָפַל, וְאָמַר לוֹ פַּנֵּה אֲבָנֶיךָ, וְאָמַר לוֹ הִגִּיעוּךָ, אֵין שׁוֹמְעִין לוֹ. מִשֶּׁקִּבֵּל עָלָיו אָמַר לוֹ הֵילָךְ אֶת יְצִיאוֹתֶיךָ וַאֲנִי אֶטֹּל אֶת שֶׁלִּי, אֵין שׁוֹמְעִין לוֹ. הַשּׂוֹכֵר אֶת הַפּוֹעֵל לַעֲשׂוֹת עִמּוֹ בְּתֶבֶן וּבְקַשׁ, וְאָמַר לוֹ תֶּן לִי שְׂכָרִי, וְאָמַר לוֹ טֹל מַה שֶּׁעָשִׂיתָ בִּשְׂכָרֶךָ, אֵין שׁוֹמְעִין לוֹ. מִשֶּׁקִּבֵּל עָלָיו וְאָמַר לוֹ הֵילָךְ שְׂכָרְךָ וַאֲנִי אֶטֹּל אֶת שֶׁלִּי, אֵין שׁוֹמְעִין לוֹ. הַמּוֹצִיא זֶבֶל לִרְשׁוּת הָרַבִּים, הַמּוֹצִיא מוֹצִיא וְהַמְזַבֵּל מְזַבֵּל. אֵין שׁוֹרִין טִיט בִּרְשׁוּת הָרַבִּים, וְאֵין לוֹבְנִים לְבֵנִים. אֲבָל גּוֹבְלִין טִיט בִּרְשׁוּת הָרַבִּים, אֲבָל לֹא לְבֵנִים. הַבּוֹנֶה בִרְשׁוּת הָרַבִּים, הַמֵּבִיא אֲבָנִים מֵבִיא וְהַבּוֹנֶה בּוֹנֶה. וְאִם הִזִּיק, מְשַׁלֵּם מַה שֶּׁהִזִּיק. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, אַף מְתַקֵּן הוּא אֶת מְלַאכְתּוֹ לִפְנֵי שְׁלשִׁים יוֹם: