Water Conflicts

(15) The LORD God took the human and placed them in the garden of Eden, to till it and tend it.

(5) What is a human that You have been mindful of them, a mortal that You have taken note of them, (6) that You have made them little less than divine, and adorned them with glory and majesty; (7) You have made them master over Your handiwork, laying the world at their feet.

(10) Lot looked about him and saw how well watered was the whole plain of the Jordan, all of it—this was before the LORD had destroyed Sodom and Gomorrah—all the way to Zoar, like the garden of the LORD, like the land of Egypt.

(10) For the land that you are about to enter and possess is not like the land of Egypt from which you have come. There the grain you sowed had to be watered by your own feet, like a vegetable garden; (11) but the land you are about to cross into and possess, a land of hills and valleys, soaks up its water from the rains of heaven. (12) It is a land which the LORD your God looks after, on which the LORD your God always keeps His eye, from year’s beginning to year’s end.

(13) If, then, you obey the commandments that I enjoin upon you this day, loving the LORD your God and serving Him with all your heart and soul, (14) I will grant the rain for your land in season, the early rain and the late. You shall gather in your new grain and wine and oil— (15) I will also provide grass in the fields for your cattle—and thus you shall eat your fill. (16) Take care not to be lured away to serve other gods and bow to them. (17) For the LORD’s anger will flare up against you, and He will shut up the skies so that there will be no rain and the ground will not yield its produce; and you will soon perish from the good land that the LORD is assigning to you.

Rabbi Hanan of Zipori said in the name of Rabbi Shmuel bar Nahman: For four reasons did the Holy Blessed One revise things so that the land [of Israel] would only drink from above. 1) Because of violent people, 2) to wash away the harmful dew, 3) so that high elevations can drink like low ones, and 4) so that all would hang their eyes towards heaven, as is written, "to direct the lowly towards the exalted." (Job 5:11)

(18) Isaac dug anew the wells which had been dug in the days of his father Abraham and which the Philistines had stopped up after Abraham’s death; and he gave them the same names that his father had given them. (19) But when Isaac’s servants, digging in the wadi, found there a well of spring water, (20) the herdsmen of Gerar quarreled with Isaac’s herdsmen, saying, “The water is ours.” He named that well Esek, because they contended with him. (21) And when they dug another well, they disputed over that one also; so he named it Sitnah. (22) He moved from there and dug yet another well, and they did not quarrel over it; so he called it Rehoboth, saying, “Now at last the LORD has granted us ample space to increase in the land.”

§ The mishna teaches that the Sages enacted that the cistern that is nearest to the irrigation channel is filled first on account of the ways of peace. It was stated that the amora’im disagree about the following issue: When people own fields along a river and they irrigate their fields with water that is redirected from it, who among them enjoys first rights to irrigate his field? Rav said: The owners of the lowermost fields drink the water, i.e., irrigate their fields, first. And Shmuel said: The owners of the uppermost fields drink the water first.

With regard to a case where the water flows on its own, everyone agrees that whoever wishes to irrigate may do so as he wishes. When they disagree, it is with regard to a case where they need to dam the river and irrigate through channels. Shmuel said: The owners of the uppermost fields drink the water first because they can say: We are nearer to the river’s headwaters. And Rav said: The owners of the lowermost fields drink the water first because they can say: Let the river go its natural way.

We learned in the mishna that the Sages enacted that the pit that is nearest to the irrigation channel that supplies water to several pits or fields is filled first on account of the ways of peace. This teaches that the party who is nearest to the water’s source enjoys first rights, and it supports Shmuel’s opinion and is difficult for Rav. Shmuel interpreted the mishna in accordance with the opinion of Rav: The mishna refers here to an irrigation channel that passes the mouth of the pit, so that the pit fills with water on its own, without interference.

The Gemara asks: If so, what is the purpose of stating this? It is obvious. The Gemara answers: Lest you say that the owners of the other fields can say to the owner of the pit: Dam your pit as well so that water not enter it, and irrigate your fields in proportion [hindeza], just like the rest of us. The mishna therefore teaches us that the owner of the pit is not required to do this, and consequently his pit is filled first.

Rav Huna bar Taḥalifa said: Now that the halakha was stated neither in accordance with the opinion of this Sage, Rav, nor in accordance with the opinion of that Sage, Shmuel, whoever is stronger prevails. Since the halakha has not been decided, the court refuses to judge the case and leaves the claimants to settle the matter themselves.

Rav Shimi bar Ashi came before Abaye and said to him: Master, set a time for me to study with you. Abaye said to him: I have a set time for myself, and I cannot devote it to you. Rav Shimi bar Ashi said to him: Master, set a time for me at night, and we can study then. Abaye said to him: I have to bring water at night with which to irrigate my fields. Rav Shimi bar Ashi said to him: I will irrigate for Master during the day, and then Master can set a time for me at night to study with him. Abaye said to him: Very well.

What did Rav Shimi bar Ashi do? He first went to the owners of the uppermost fields, and said to them: The owners of the lowermost fields drink the water first, in accordance with the opinion of Rav. He then went to the owners of the lowermost fields, and said to them: The owners of the uppermost fields drink the water first, in accordance with the opinion of Shmuel. In the meantime, while the owners of the upper fields and the lower fields were arguing over who has first rights to the water, Rav Shimi bar Ashi dammed the river and irrigated Abaye’s fields. When he came before Abaye, the latter said to him: You have acted for me in accordance with two opposing opinions. And Abaye would not even taste the produce of that year.