daf bit: Gittin 60

[cellio]

The talmud on today's daf discusses water rights. Starting from a mishna about a man who owns a pit on the bank of a stream (and whether he is allowed to let it collect water), the g'mara talks about the more general problem. Rab says that those downstream have a right to draw off water first, while Sh'muel says that those upstream have the first right. Both agree that where the stream flows smoothly there is no actual difficulty; this dispute is about building dams to collect water. R' Chuna b. Tahalifa says that since the matter is not resolved, each must fend for himself (an unusual talmudic view, in my experience).

The g'mara then presents a story: R' Shimi b. Ashi wanted to learn from Abaye and presented himself before him. Abaye declined, saying that he spends his days on his own studies. Undaunted, R' Shimi said ok, how about I study with you at night? Abaye said that at night he had to irrigate his fields. R' Shimi then said he would take care of that during the day (in Abaye's name) and then Abaye would be available at night, and Abaye agreed. R' Shimi went to the people upstream and told them the people downstream have first rights, and then went to the people downstream and told them the people upstream have first rights, and then built a dam and irrigated Abaye's fields. When he went to Abaye that evening Abaye said: you have acted on my behalf according to two contradictory authorities, and he refused to eat of that year's produce. (The g'mara does not say whether he also dismissed his would-be student.) (60b)