Siman 274

The Rambam, of blessed memory, wrote in chapter 5 of Nizkei Mamon: Yehoshua and his beit din stipulated ten conditions at the time he divided the land, and these are they: First, he stipulated that one may graze small livestock in forests where the trees are thick, but one may not graze large livestock there; and in a forest where the trees are thin, one may graze neither large nor small livestock except with the owner's consent. [2] And he likewise stipulated that every person is permitted to gather wood from the field of his fellow, provided they are inferior woods that are close to being thorns, such as <i>hizme</i> and <i>hige</i>, and provided they are moist and attached, and as long as he does not uproot them; but other woods are forbidden. [3] And he likewise stipulated that every person is permitted to gather herbs that grow on their own in any place, except for a field of fenugreek that was sown for livestock. [4] And he likewise stipulated that a person may cut a shoot in any place, except for the stumps of an olive tree; and he may only cut from the trees "like an olive, like an egg" [Rashi explained in Bava Kamma 81a: he shall leave the height of an egg from below, close to the ground; and the Ramah explained: like an egg from the base of the branch, but from the body of the tree he shall not cut at all (Tur)]; and in reeds and vines, from the knot and above [Rashi explained: from the lower knot it is permitted to cut; and the Ramah explained: from the base of the branch]; and in other trees, from the inside of the tree and not from its tip. And when he permitted cutting, he only permitted it from a new growth that does not produce fruit, but not from an old growth that produces fruit; and he may only cut from a place that does not see the face of the sun. And the Tur wrote that in other trees, he shall only cut from the thin branches, and from a place where there are many branches, and from a new tree that does not produce fruit, but not from branches that have already hardened, nor from the middle trunk at the top of the tree in its center, nor from an old tree that has already produced fruit. Thus far his words.

And the fifth: he stipulated that regarding a spring that emerges for the first time, the residents of that city in whose boundary it emerged may use its water, even if its source is not in their portion, and others may not use it with them. And likewise, he stipulated that every person is permitted to catch fish from the Sea of Tveria, provided that he fishes with a hook only; but he may not spread a net or station a boat there, except for the members of the tribe in whose portion that sea falls. And the Tur wrote that it is permitted to cast a hook in all seas, but it is forbidden for any person to fish with nets and traps except for the owner of the sea, and the same applies to rivers. And even the owner of the sea is not permitted to spread a net so that he does not hinder the passage of boats. [The Rambam explains that the stipulation was regarding others, and a net is like a hook; and the Tur explains that there was a stipulation even regarding the owners, and it is forbidden for others with a net]:

And the seventh: he stipulated that anyone who needs to relieve himself may depart from the road and enter behind a fence that he encounters and relieve himself there, and even in a field of saffron whose scent is difficult for it, and he may take a pebble from there and wipe himself. And likewise he stipulated that anyone who is lost among the vineyards and the like may break through and ascend, break through and descend, until he emerges to his path. And the Tur wrote that he may cut the branches and exit until he reaches the main road, and he pays him for his loss. And likewise he stipulated that at a time when mud increases on the public roads or there are water-filled pits, travelers have the right to depart to the sides of the roads and walk there, even though they are walking on a path that has owners. And Solomon ordained that travelers are permitted during the summer months, when the fields are not sown, to walk on the paths in the fields that have owners until the second rainfall descends; and in Babylon, from the time the dew descends, it is forbidden to walk on the paths that have owners.

And the tenth, he enacted that a met mitzvah acquires his place and is buried in the place where he is found, and this is provided that he is not lying on the boundary nor within the techum of the city. But if he was found on the boundary or was within the techum, he is brought to the cemetery. And in Yoreh Deah siman 364 more of this was explained, and the Acharonim wrote there that the reason we are not careful now in this matter is because the land is not ours and we do not have permission to do so. However, this reason is not sufficient in our times, for it is also according to the law of the kingdom that in the place where he is found they shall bury him. They further wrote that there is a concern that they will remove him from his grave, and this must be seen according to the place.

The Rambam and the Tur wrote that these regulations apply even outside the Land, and in a place where there is a law of the kingdom regarding these matters, the law of the kingdom is the law. Furthermore, there is a regulation of the beit din that one who had a swarm of bees and they left and settled on the tree of his fellow, he may cut the branch in order to save his swarm, and he gives the value of the branch to the owner of the tree. And there are those who disagree and hold that the halacha is not so. And in siman 264 it was further explained regarding a regulation of the beit din, and in siman 414 it will be explained regarding the regulation of bringing out manure, and likewise there is a matter that is like hefker that was explained in siman 194, see there.