Sheviis 3:9-10
Sheviis 3:9
Stones carried on the shoulder may be removed from anywhere in the sabbatical year and a builder can take even smaller stones from anywhere (because it is apparent that he is doing so to use the stones and not to clear the field). The definition of “shoulder stones” according to Rabbi Meir is any stone that cannot be carried in a single hand; Rabbi Yosi says it means two or three stones carried on the shoulder.
Sheviis 3:10
If a person erects a wall between his property and the public domain, he may dig the foundation all the way down to the rock. He should move the dirt he digs up to the public domain and smooth it out there as a form of road repair; this is the opinion of Rabbi Yehoshua. Rabbi Akiva says that just as we may not damage public property, one may not repair it. (That is, he can’t make a public mess even if he intends to clean it up.) Therefore, he should pile the dirt in his field the way one does with manure (see mishnayos 3:2-3:3). The same rules apply if a person digs a well, a ditch or a cave.