acquire

Rebbi Eleazar asked, does he not acquire movables? Not on the last statement this was asked, but on the following: Rebbi Ḥizqiah, Rebbi Jeremiah, in the name of Rebbi Joḥanan: According to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes, on this Rebbi Eleazar asked, does he not acquire movables? Rebbi Ḥanina in the name of Rebbi Phineas, also on the preceding one, on that of Rebbi Yose he asked: Rebbi Yose in the name of Rebbi Joḥanan: According to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes, on this Rebbi Eleazar asked, does he not acquire movables?

Rebbi Eleazar asked, does he not acquire movables? Not on the last statement this was asked, but on the following: Rebbi Ḥizqiah, Rebbi Jeremiah, in the name of Rebbi Joḥanan: According to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes, on this Rebbi Eleazar asked, does he not acquire movables? Rebbi Ḥanina in the name of Rebbi Phineas, also on the preceding one, on that of Rebbi Yose he asked: Rebbi Yose in the name of Rebbi Joḥanan: According to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes, on this Rebbi Eleazar asked, does he not acquire movables?

Rebbi Eleazar asked, does he not acquire movables? Not on the last statement this was asked, but on the following: Rebbi Ḥizqiah, Rebbi Jeremiah, in the name of Rebbi Joḥanan: According to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes, on this Rebbi Eleazar asked, does he not acquire movables? Rebbi Ḥanina in the name of Rebbi Phineas, also on the preceding one, on that of Rebbi Yose he asked: Rebbi Yose in the name of Rebbi Joḥanan: According to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes, on this Rebbi Eleazar asked, does he not acquire movables?

Rebbi Eleazar asked, does he not acquire movables? Not on the last statement this was asked, but on the following: Rebbi Ḥizqiah, Rebbi Jeremiah, in the name of Rebbi Joḥanan: According to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes, on this Rebbi Eleazar asked, does he not acquire movables? Rebbi Ḥanina in the name of Rebbi Phineas, also on the preceding one, on that of Rebbi Yose he asked: Rebbi Yose in the name of Rebbi Joḥanan: According to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes, on this Rebbi Eleazar asked, does he not acquire movables?

Rebbi Eleazar asked, does he not acquire movables? Not on the last statement this was asked, but on the following: Rebbi Ḥizqiah, Rebbi Jeremiah, in the name of Rebbi Joḥanan: According to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes, on this Rebbi Eleazar asked, does he not acquire movables? Rebbi Ḥanina in the name of Rebbi Phineas, also on the preceding one, on that of Rebbi Yose he asked: Rebbi Yose in the name of Rebbi Joḥanan: According to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes, on this Rebbi Eleazar asked, does he not acquire movables?

Rebbi Eleazar asked, does he not acquire movables? Not on the last statement this was asked, but on the following: Rebbi Ḥizqiah, Rebbi Jeremiah, in the name of Rebbi Joḥanan: According to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes, on this Rebbi Eleazar asked, does he not acquire movables? Rebbi Ḥanina in the name of Rebbi Phineas, also on the preceding one, on that of Rebbi Yose he asked: Rebbi Yose in the name of Rebbi Joḥanan: According to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes, on this Rebbi Eleazar asked, does he not acquire movables?

Rebbi Zeïra stated: Rebbi Abbahu in the name of R. Joḥanan: The reasoning of Rebbi Eliezer is inverted! There he makes him acquire, and here he says thus? He answered “according to your reasoning,” in your reasoning that you say it is by exchange. “How can the poor man exchange something that never was in his possession? But he has to give the poor man rights to the entire stack; then he gives tithes for one ear and gives to him.”

There we have stated: “A woman who inherited property before she was betrothed, the Houses of Shammai and Hillel both are of the opinion that she may sell or give away and her actions are valid. If she inherited after she was betrothed, the House of Shammai say, she may sell, but the House of Hillel say, she may not sell.” Rebbi Phineas asked before Rebbi Yose, why did we not state it with the leniencies of the House of Shammai and the stringencies of the House of Hillel? He said to him, the Mishnaiot come only for circumstances that are either stringent on both sides or lenient on both sides. But here it is a stringency on one side and a leniency on the other side. But did we not state: “The House of Shammai say, property abandoned to the poor is abandoned?” Is this not lenient for the poor and stringent for the householder, and it was stated! It is lenient for the poor and not stringent for the householder, since it was abandoned by his intent. He said to him, did we not state: “The sheaf that was near a closure, a stack, cattle, or vessels, if it was forgotten,” is this not lenient for the householder and stringent for the poor, and it was stated! He said to him, it is lenient for the householder but not stringent for the poor, because they did not acquire it yet. You may also say here, it is lenient for the woman and not stringent for the husband since he did not yet acquire property rights to it. He said to him, since he became betrothed to her, the inheritance fell to both of them.

There we have stated: “A woman who inherited property before she was betrothed, the Houses of Shammai and Hillel both are of the opinion that she may sell or give away and her actions are valid. If she inherited after she was betrothed, the House of Shammai say, she may sell, but the House of Hillel say, she may not sell.” Rebbi Phineas asked before Rebbi Yose, why did we not state it with the leniencies of the House of Shammai and the stringencies of the House of Hillel? He said to him, the Mishnaiot come only for circumstances that are either stringent on both sides or lenient on both sides. But here it is a stringency on one side and a leniency on the other side. But did we not state: “The House of Shammai say, property abandoned to the poor is abandoned?” Is this not lenient for the poor and stringent for the householder, and it was stated! It is lenient for the poor and not stringent for the householder, since it was abandoned by his intent. He said to him, did we not state: “The sheaf that was near a closure, a stack, cattle, or vessels, if it was forgotten,” is this not lenient for the householder and stringent for the poor, and it was stated! He said to him, it is lenient for the householder but not stringent for the poor, because they did not acquire it yet. You may also say here, it is lenient for the woman and not stringent for the husband since he did not yet acquire property rights to it. He said to him, since he became betrothed to her, the inheritance fell to both of them.

Clarification. Rebbi Joḥanan and Rebbi Simeon ben Laqish went to bathe in the public baths of Tiberias. A poor man met them and said to them: acquire merit by me. They said to him, when we return, when we return. When they returned, they found him dead. They said, since we did not acquire merit during his lifetime, let us care for him in his death. While they were occupied with him, they found a pouch of denars hanging on him. They said, that is what Rebbi Abbahu said in the name of Rebbi Eleazar: We have to give thanks to the dishonest among them, because if there were no dishonest persons among them, if one of them was requesting alms from a man and he would not give him, he would be punished immediately.

Clarification. Rebbi Joḥanan and Rebbi Simeon ben Laqish went to bathe in the public baths of Tiberias. A poor man met them and said to them: acquire merit by me. They said to him, when we return, when we return. When they returned, they found him dead. They said, since we did not acquire merit during his lifetime, let us care for him in his death. While they were occupied with him, they found a pouch of denars hanging on him. They said, that is what Rebbi Abbahu said in the name of Rebbi Eleazar: We have to give thanks to the dishonest among them, because if there were no dishonest persons among them, if one of them was requesting alms from a man and he would not give him, he would be punished immediately.

Neḥemiah from Shiḥin met a Jerusalemite who said to him, acquire merit by giving me that chicken. He said to him, here is its value, go buy red meat; he ate and died. He said, come and eulogize him whom Neḥemiah killed.

Naḥum from Gimzo was carrying a gift to the house of his father-in-law when he met a person afflicted with boils who asked him, acquire merit from what you have on you. He said to him, when I shall return. He returned and found him dead. He said before him, his eyes which saw you and did not give to you shall go blind, his hands which did not stretch out to give to you shall be cut off, his feet which did not run to give to you shall be broken. This happened to him. Rebbi Aqiba came to visit him and said, woe to me that I see you in this state. He answered, woe to me that I do not see you in this state. He asked, why do you curse me? He answered, why are you contemptuous of suffering?

There, we have stated: “He who turns over cow dung in the public domain and a third party was hurt, is liable for damages.” It was also stated: “It is forbidden because of robbery.” Cahana said, only if he turned it over in order to acquire it. But if he did not turn it over in order to acquire it, about that one does not speak. But as regards damages, there is no difference whether he turned it over in order to acquire it or he did not turn it over in order to acquire it; if a third party was hurt, he is liable for damages. And here, you say so? Rebbi Abun said, there it is written (Ex. 21:34): “The one responsible for the pit shall pay,” the one responsible for the damage shall pay. But here (Deut. 14:22): “You shall give tithes,” you give tithes from your property but not from other people’s property.

There, we have stated: “He who turns over cow dung in the public domain and a third party was hurt, is liable for damages.” It was also stated: “It is forbidden because of robbery.” Cahana said, only if he turned it over in order to acquire it. But if he did not turn it over in order to acquire it, about that one does not speak. But as regards damages, there is no difference whether he turned it over in order to acquire it or he did not turn it over in order to acquire it; if a third party was hurt, he is liable for damages. And here, you say so? Rebbi Abun said, there it is written (Ex. 21:34): “The one responsible for the pit shall pay,” the one responsible for the damage shall pay. But here (Deut. 14:22): “You shall give tithes,” you give tithes from your property but not from other people’s property.

There, we have stated: “He who turns over cow dung in the public domain and a third party was hurt, is liable for damages.” It was also stated: “It is forbidden because of robbery.” Cahana said, only if he turned it over in order to acquire it. But if he did not turn it over in order to acquire it, about that one does not speak. But as regards damages, there is no difference whether he turned it over in order to acquire it or he did not turn it over in order to acquire it; if a third party was hurt, he is liable for damages. And here, you say so? Rebbi Abun said, there it is written (Ex. 21:34): “The one responsible for the pit shall pay,” the one responsible for the damage shall pay. But here (Deut. 14:22): “You shall give tithes,” you give tithes from your property but not from other people’s property.

There, we have stated: “He who turns over cow dung in the public domain and a third party was hurt, is liable for damages.” It was also stated: “It is forbidden because of robbery.” Cahana said, only if he turned it over in order to acquire it. But if he did not turn it over in order to acquire it, about that one does not speak. But as regards damages, there is no difference whether he turned it over in order to acquire it or he did not turn it over in order to acquire it; if a third party was hurt, he is liable for damages. And here, you say so? Rebbi Abun said, there it is written (Ex. 21:34): “The one responsible for the pit shall pay,” the one responsible for the damage shall pay. But here (Deut. 14:22): “You shall give tithes,” you give tithes from your property but not from other people’s property.

.What is the difference between them? Rebbi Simeon says, he separates and takes money from the tribe. The rabbis say that he separates and does not take money from the tribe. But is it not even like heave from outside the Land, does he not take money from the tribe? Maybe it was said on the principle of ṭevel for produce of the Gentile? Since we have stated: Rebbi Jehudah and Rebbi Simeon say, a Gentile may acquire real estate in the Land of Israel to free it from the tithes imposed on it. Rebbi Jeremiah, Rebbi Ḥiyya. in the name of Rebbi Joḥanan: Rebbi Simeon agrees that nevertheless he must separate tithes as a matter of practice.

HALAKHAH: The Mishnah is Rebbi Meïr’s, since Rebbi Meïr says that a Gentile may not acquire real estate in the Land of Israel to remove it from tithe; Rebbi Jehudah and Rebbi Simeon say, a Gentile may acquire real estate in the Land of Israel to free it from tithe. Rebbi Immi in the name of Rebbi Simeon ben Laqish: The reason of Rebbi Meïr (Lev.25:46): “You shall transmit them by inheritance to your sons after you, to inherit by the rules of real estate.” This brackets real estate with slaves. Just as you may buy slaves from them but they cannot buy from you, so real estate you may buy from them but they cannot buy from you. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yasa, the following supports Rebbi Meïr (Lev. 25:23): “The land shall not be sold permanently, because the land belongs to Me,” absolutely. He said to him, that in itself supports Rebbi Simeon. “It shall not be sold”, because if it was sold, it would be sold absolutely.

HALAKHAH: The Mishnah is Rebbi Meïr’s, since Rebbi Meïr says that a Gentile may not acquire real estate in the Land of Israel to remove it from tithe; Rebbi Jehudah and Rebbi Simeon say, a Gentile may acquire real estate in the Land of Israel to free it from tithe. Rebbi Immi in the name of Rebbi Simeon ben Laqish: The reason of Rebbi Meïr (Lev.25:46): “You shall transmit them by inheritance to your sons after you, to inherit by the rules of real estate.” This brackets real estate with slaves. Just as you may buy slaves from them but they cannot buy from you, so real estate you may buy from them but they cannot buy from you. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yasa, the following supports Rebbi Meïr (Lev. 25:23): “The land shall not be sold permanently, because the land belongs to Me,” absolutely. He said to him, that in itself supports Rebbi Simeon. “It shall not be sold”, because if it was sold, it would be sold absolutely.

Rebbi Zeïra said before Rebbi Abbahu in the name of Rebbi Eleazar: Even though Rebbi Meïr says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes, he agrees here that he may acquire property rights. Rebbi Abba said, in order to eat its fruits. Did we not state: “The buyer brings First Fruits for the good of the world.” Why does he not bring it as a Biblical obligation?

Rebbi Zeïra said before Rebbi Abbahu in the name of Rebbi Eleazar: Even though Rebbi Meïr says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes, he agrees here that he may acquire property rights. Rebbi Abba said, in order to eat its fruits. Did we not state: “The buyer brings First Fruits for the good of the world.” Why does he not bring it as a Biblical obligation?

Rebbi Judah ben Pazi in the name of Rebbi Hoshaiah: Practice follows Rebbi Simeon. Otherwise, we would say, between Rebbi Meïr and Rebbi Simeon, practice does not follow Rebbi Simeon. But because it was stated: “Rebbi Simeon from Shezur said, once some produce that was ṭevel was mixed up with my produce. I asked Rebbi Ṭarphon, and he told me: Go and buy from a Gentile and tithe for it.” On that we have stated: “Rebbi Jehudah and Rebbi Simeon say, a Gentile may acquire real estate in the Land of Israel to free it from tithe.” Lest you think that this case has two opposed by two. Therefore, he had to say that practice follows Rebbi Simeon.

HALAKHAH: The rabbis object to Rebbi Eliezer: How did they acquire? He said to them, do you not agree with me that if they agreed among themselves, tithes go to the workers? Even if they made a condition, how did they acquire? If there is nothing said, it is as if somebody said: Harvest from this land so that its tithes should be yours. They said to him, there is no stipulation here; if nothing is said there is no stipulation. It is as if he said, harvest this land on condition that you take one tenth for yourselves.

HALAKHAH: The rabbis object to Rebbi Eliezer: How did they acquire? He said to them, do you not agree with me that if they agreed among themselves, tithes go to the workers? Even if they made a condition, how did they acquire? If there is nothing said, it is as if somebody said: Harvest from this land so that its tithes should be yours. They said to him, there is no stipulation here; if nothing is said there is no stipulation. It is as if he said, harvest this land on condition that you take one tenth for yourselves.

“ If a Cohen sold a field to an Israel and made the condition that the tithes should be his, the tithes are his.” May he sell them to a Cohen? Let us hear from the following. Rebbi Abbahu said in the name of Rebbi Simeon ben Laqish: He who sells the tithes of his field to another person did not do anything, the future children of his slave girl to another person, he did not do anything, the fetus of his animal to another person, he did not do anything, the airspace of his dry land to another person, he did not do anything. But he may sell him a field and reserve the tithes for himself, a slave girl and reserve her children for himself, an animal and reserve her fetus for himself. Is it not impossible for a person to sell the airspace of his dry land to another person? Explain it if he tells him, tear out some grasses in that dry land to acquire its airspace. And here there is real estate before him and he says, pluck something from the ground so that you acquire one tenth of it.

“ If a Cohen sold a field to an Israel and made the condition that the tithes should be his, the tithes are his.” May he sell them to a Cohen? Let us hear from the following. Rebbi Abbahu said in the name of Rebbi Simeon ben Laqish: He who sells the tithes of his field to another person did not do anything, the future children of his slave girl to another person, he did not do anything, the fetus of his animal to another person, he did not do anything, the airspace of his dry land to another person, he did not do anything. But he may sell him a field and reserve the tithes for himself, a slave girl and reserve her children for himself, an animal and reserve her fetus for himself. Is it not impossible for a person to sell the airspace of his dry land to another person? Explain it if he tells him, tear out some grasses in that dry land to acquire its airspace. And here there is real estate before him and he says, pluck something from the ground so that you acquire one tenth of it.

It was stated: “One may say to his worker: Here you have a denar, use it for food, here you have a denar, use it for drink, and not be worried about either the Sabbatical year, tithes, or wine for libations. But if he told him, go and buy yourself a loaf and I shall give you the money, go and buy yourself a reviït of wine and I shall give you the money, he has to worry because of the Sabbatical year, tithes, and wine used for libations.” Rebbi Zeïra said, the grocer becomes the plenipotentiary of the employer to let the worker acquire. Rebbi Hila said, the worker acquired for the employer from the grocer and then acquires it himself. What is the difference between them? If the grocer was deaf-mute. According to Rebbi Zeïra, he does not have to worry because a deaf-mute cannot become a plenipotentiary; according to Rebbi Hila, he has to worry.

HALAKHAH: It is written (Deut. 22:9): “Do not sow kilaim in your vineyard.” This refers to your own vineyard. From where about another person’s vineyard? The verse says, kilaim, no vineyard and no kilaim. Rebbi Eleazar said, this is Rebbi Meïr’s, for Rebbi Meïr said that a Gentile cannot acquire real estate in the Land of Israel to free it from tithes. Rebbi Joḥanan said, it is the opinion of everybody, explain it by a Gentile who sowed his vineyard kilaim and a Jew bought it from him.

A similar case: When does a man acquire Sabbatical fruit? Rebbi Jeremiah wanted to say, when he puts them in his vessels. Rebbi Yose wanted to say, even if he puts them into his vessels he did not acquire them; he thinks that they are his but they are not his. Compare the following: Rebbi Tarphon went to eat single figs from somebody’s property without reciprocity, following the House of Shammai. The watchmen saw him and started whipping him. When he saw himself in danger, he said to them, by your lives, tell in Tarphon’s house to have his burial shrouds ready. When they heard this, they prostrated themselves before him and said, Rebbi, forgive us. He said to them, so and so should come upon me if I did not forgive you beforehand every stick that was coming down on me. In these two instances did Rebbi Tarphon follow the House of Shammai and endangered himself, in the case here and in the recitation of Shema'. Rebbi Abbahu in the name of Rebbi Ḥanina ben Gamliel: All his life did Rebbi Tarphon repent about this happening and said, woe to me that I used the Crown of the Torah.

A similar case: When does a man acquire Sabbatical fruit? Rebbi Jeremiah wanted to say, when he puts them in his vessels. Rebbi Yose wanted to say, even if he puts them into his vessels he did not acquire them; he thinks that they are his but they are not his. Compare the following: Rebbi Tarphon went to eat single figs from somebody’s property without reciprocity, following the House of Shammai. The watchmen saw him and started whipping him. When he saw himself in danger, he said to them, by your lives, tell in Tarphon’s house to have his burial shrouds ready. When they heard this, they prostrated themselves before him and said, Rebbi, forgive us. He said to them, so and so should come upon me if I did not forgive you beforehand every stick that was coming down on me. In these two instances did Rebbi Tarphon follow the House of Shammai and endangered himself, in the case here and in the recitation of Shema'. Rebbi Abbahu in the name of Rebbi Ḥanina ben Gamliel: All his life did Rebbi Tarphon repent about this happening and said, woe to me that I used the Crown of the Torah.

“The House of Shammai say”, etc. It was stated: If somebody sells an ox and it turns out be a goring one, Rav said it is an erroneous transaction but Samuel says, he can tell him: I sold it to you for slaughtering. What are we talking about? If he sold it to a sharecropper, he sold it for ploughing. If he sold it to a butcher, he sold it for slaughter. But we are considering that he sold it to a broker. Rav said it is an erroneous transaction but Samuel says, he can tell him I sold it to you for slaughtering. The reasoning of Rav is inverted, the reasoning of Samuel is inverted. For they disagreed: If he sold it during the Jubilee year itself, Rav said he acquired it and it leaves his hand in the Jubilee year; Samuel says he did not acquire. The reasoning of Rav is inverted: there he said he acquired and here he said he did not acquire. There the Jubilee is public knowledge but here there is an erroneous transaction. The reasoning of Samuel is inverted: there he said he did not acquire and here he said he acquired. For what purpose did he sell it to him if not for sowing? But here he can tell him I sold it to you for slaughtering.

“The House of Shammai say”, etc. It was stated: If somebody sells an ox and it turns out be a goring one, Rav said it is an erroneous transaction but Samuel says, he can tell him: I sold it to you for slaughtering. What are we talking about? If he sold it to a sharecropper, he sold it for ploughing. If he sold it to a butcher, he sold it for slaughter. But we are considering that he sold it to a broker. Rav said it is an erroneous transaction but Samuel says, he can tell him I sold it to you for slaughtering. The reasoning of Rav is inverted, the reasoning of Samuel is inverted. For they disagreed: If he sold it during the Jubilee year itself, Rav said he acquired it and it leaves his hand in the Jubilee year; Samuel says he did not acquire. The reasoning of Rav is inverted: there he said he acquired and here he said he did not acquire. There the Jubilee is public knowledge but here there is an erroneous transaction. The reasoning of Samuel is inverted: there he said he did not acquire and here he said he acquired. For what purpose did he sell it to him if not for sowing? But here he can tell him I sold it to you for slaughtering.

“The House of Shammai say”, etc. It was stated: If somebody sells an ox and it turns out be a goring one, Rav said it is an erroneous transaction but Samuel says, he can tell him: I sold it to you for slaughtering. What are we talking about? If he sold it to a sharecropper, he sold it for ploughing. If he sold it to a butcher, he sold it for slaughter. But we are considering that he sold it to a broker. Rav said it is an erroneous transaction but Samuel says, he can tell him I sold it to you for slaughtering. The reasoning of Rav is inverted, the reasoning of Samuel is inverted. For they disagreed: If he sold it during the Jubilee year itself, Rav said he acquired it and it leaves his hand in the Jubilee year; Samuel says he did not acquire. The reasoning of Rav is inverted: there he said he acquired and here he said he did not acquire. There the Jubilee is public knowledge but here there is an erroneous transaction. The reasoning of Samuel is inverted: there he said he did not acquire and here he said he acquired. For what purpose did he sell it to him if not for sowing? But here he can tell him I sold it to you for slaughtering.

If it is so, they should have been freed once they were exiled. It is written (Neh. 8:17): “All the congregation coming from captivity made Sukkot and sat in tabernacles … something nobody had done since the days of Joshua bin Nun.” Why Joshua? Rebbi Hillel, the son of Samuel ben Naḥmani: The verse damaged the reputation of the just person in his grave for the reputation of the just person in his time; it compares their coming in the days of Ezra to the coming in the days of Joshua. As at the coming in the days of Joshua they had been free and became obligated, also at the coming in the days of Ezra they had been free and became obligated. How did they become obligated? Rebbi Yose ben Ḥanina said, they became obligated by the words of the Torah; that is what is written (Deut. 30:5): “The Eternal, your God, will bring you to the Land that your fathers had inherited and you will inherit it.” Just as the inheritance of your fathers was by the words of the Torah, so your inheritance is by the words of the Torah. “He will be good to you and give increase to you more than to your forefathers.” Your fathers had been free and became obligated, also you had been free and became obligated. On your fathers was no yoke of government, but you even though there is on you the yoke of government. Your fathers did become obligated only after 14 years, seven they conquered and seven they distributed, but you became obligated immediately when you entered. Your fathers did become obligated only after they had acquired all, you become obligated for every single piece at the moment you acquire it.

HALAKHAH: Rebbi Yose said, this means that it is forbidden to acquire a wife with Sabbatical money. For if it is not so, what is the difference between one who acquires a wife and one who acquires a slave girl?

Ḥizqiah said, once he started with his storage it is as if removed. A case came before Rebbi Assi and he instructed following Ḥizqiah, not that I am agreeing with him but since we see that the rabbis do act following him. Rebbi Isaac bar Redifah had a case, he came before Rebbi Jeremiah who said to him, there are lions before you, why do you ask foxes? He went and asked Rebbi Joshia who said to him, look for three people who love you and declare it abandoned before them. The Kappadokians of Sepphoris asked Rebbi Ammi: Since we have nobody who loves us or even greets us, what should we do? He said to them, when you see that [the market is] clear from steps, bring it out to the market, declare it abandoned, and acquire it again.

Rebbi Ḥaggai distributed it pitcher by pitcher. Rebbi Eleazar distributed it pitcher by pitcher. Rebbi Ḥizqiah came to Rebbi Jeremiah and said to him, let me acquire that storage. He said to him, bind these coins together; then he said to him, for these the place is rented to me. He said to him, did you not take it out? Go back and acquire it!

Rebbi Ḥaggai distributed it pitcher by pitcher. Rebbi Eleazar distributed it pitcher by pitcher. Rebbi Ḥizqiah came to Rebbi Jeremiah and said to him, let me acquire that storage. He said to him, bind these coins together; then he said to him, for these the place is rented to me. He said to him, did you not take it out? Go back and acquire it!

Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan: If somebody wanted to change his mind after he had promised a gift to another person, he may change his mind. Rebbi Yose was with Rebbi Jacob bar Zavdi; he said to him: Is that just no (Lev. 19:36) “and just yes?” He said, when he said it, it was a just yes. Rav disagrees since Rav said, when I tell my family to give a gift to somebody, I never change my mind. A baraita disagrees with Rav: “ Where did they say that movables are acquired by being drawn close? In the public domain or in a courtyard which is not their joint property. In the domain of the buyer, when the deal was accepted; in the domain of the seller one never acquires until either he lift it up or he draw and remove everything from the prior owner’s property. In the domain of a depositary he cannot acquire unless he gave permission or rented their place out to him.” What does Rav do with this? One is if he was standing with him, the other if he was not standing with him. Rav disagrees since Rav said, when I tell my family to give a gift to somebody, I never change my mind. You should know because somebody had given surety on salt; it rose in price. He came before Rav who said, either he should give corresponding to the surety or he should be given up to “Him who made pay”. The arguments of Rav are contradictory. There he says, when I tell my family to give a gift to somebody, I never change my mind and here he says so? There it is for a legal rule; what Rav did himself was a measure of piety.

HALAKHAH: How is this? If he ate vegetable and repaid a dried fig, a dried fig and repaid dates, a blessing should come to him. If he ate first fruits, what can he repay? If he ate grapes, he repays wine, olives he repays oil. If he ate ḥallah, may he repay with produce not yet one-third ripe since produce not yet one-third ripe is subject to ḥallah? If he ate first fruits, may he repay with what is still connected to the ground since first fruits acquire their status while connected to the ground?

Rebbi Jeremiah said, who is the Tanna of “one does not sell it”? Rebbi Meїr! But for Rebbi Jehudah it should be logical that it be permitted to be sold, by an argument a minore ad majus: If it is permitted to sell Sabbatical produce with which one may not liquidate one’s debts, it is logical that it should be permitted to sell Second Tithe since with it one may liquidate one’s debts. We find that one may liquidate one’s debts with Second Tithe, following what we stated: “If he took from him tithe worth one tetradrachma and did not come to exchange it until it was worth two.” Rebbi Yose said, there is a difference since from the start the value of Second Tithe was due. If he had owed before, it would be an argument. Rebbi Yudan said, a Mishnah said that it is forbidden to sell it, as we stated there: “If intentional, he married, if in error, he did not marry.” If you say that he may sell it, he should be able to use it for marriage but anything he may not sell he may not use for marriage. But did we not state: “One does not buy slaves, real estate, and unclean animals from Sabbatical money. If he bought them, he has to eat their worth.” Rebbi Yose said, this means that it is forbidden to acquire a wife with Sabbatical money. Otherwise, what is the difference between one who acquires a wife and one who acquires a slave girl? Rebbi Yose in the name of Rebbi Zeïra, Rebbi Yudan in the name of Rebbi Ila, everybody agrees because of these arguments. Rebbi Yose in the name of Rebbi Aḥa, everybody agrees that all should need the enclosures.

Rebbi Eleazar said, the tithe [money] did not acquire. Rebbi Yose said, first we said that if somebody bought a domestic animal for meat of desire, against his will it gets the name of well-being offering but we said nothing since Rebbi Eleazar said, the tithe [money] did not acquire.

Rebbi Eleazar said, the tithe [money] did not acquire. Rebbi Yose said, first we said that if somebody bought a domestic animal for meat of desire, against his will it gets the name of well-being offering but we said nothing since Rebbi Eleazar said, the tithe [money] did not acquire.

MISHNAH: If somebody buys water, or salt, or produce still connected to the ground, or produce that cannot reach Jerusalem, the tithe [money] does not acquire. If somebody bought produce in error, the money should return to its place. If intentionally, he should bring them up and they should be eaten at the Place; if there is no Temple they should be left to rot. If somebody buys a domestic animal in error, the money should return to its place. If intentionally, he should bring it up and it should be eaten at the Place; if there is no Temple it should be buried in its hide. One does not buy slaves, real estate, and unclean animals from Second Tithe money. If he bought them, he has to eat their worth. One does not bring nests for men with gonorrhea, women with discharges, or women who have given birth from Second Tithe money. If he bought them, he has to eat their worth. This is the principle: If one bought anything except for eating, drinking, and rubbing from Second Tithe money, he has to eat its worth.

MISHNAH: If what was bought with tithe money became impure, it should be redeemed. Rebbi Jehudah says, it should be buried. They said to Rebbi Jehudah, if original Second Tithe which became impure is redeemed, what was bought with tithe money and became impure certainly should be redeemed. He said to them, no! If you said about original Second Tithe, which can be redeemed when it is pure and far from the Place, can you say the same about what was bought with tithe money which cannot be redeemed when it is pure and far from the Place? If a deer bought with tithe money died, it should be buried in its hide. Rebbi Simeon says, it should be redeemed. If he bought it alive and slaughtered it, if it became impure it should be redeemed. Rebbi Yose said, it should be buried. If he bought it slaughtered and it became impure, he treats it following the rules of produce. If somebody lends flasks for Second Tithe, even if he closed the top with clay, tithe did not acquire it. If he filled them without saying anything, before he closed the top with clay, tithe did not acquire it; after he closed the top with clay, tithe acquired it. Before he closed the top with clay, one may lift by 101, after he closed the top with clay any one sanctifies. Before he closed the top with clay, he gives heave from one for all, after he closed the top with clay he has to give heave from each single one. The House of Shammai say, he opens and pours into a vat, but the House of Hillel say, he opens and does not have to pour. Where has this been said? At a place where usually one sells sealed, but at a place where usually one sells open, the flask did not become profane. However, if he is meticulous to sell by volume, the flask did become profane. Rebbi Simeon said, also if somebody says to another person, I am selling to you this amphora except its flask, the flask became profane.

MISHNAH: If what was bought with tithe money became impure, it should be redeemed. Rebbi Jehudah says, it should be buried. They said to Rebbi Jehudah, if original Second Tithe which became impure is redeemed, what was bought with tithe money and became impure certainly should be redeemed. He said to them, no! If you said about original Second Tithe, which can be redeemed when it is pure and far from the Place, can you say the same about what was bought with tithe money which cannot be redeemed when it is pure and far from the Place? If a deer bought with tithe money died, it should be buried in its hide. Rebbi Simeon says, it should be redeemed. If he bought it alive and slaughtered it, if it became impure it should be redeemed. Rebbi Yose said, it should be buried. If he bought it slaughtered and it became impure, he treats it following the rules of produce. If somebody lends flasks for Second Tithe, even if he closed the top with clay, tithe did not acquire it. If he filled them without saying anything, before he closed the top with clay, tithe did not acquire it; after he closed the top with clay, tithe acquired it. Before he closed the top with clay, one may lift by 101, after he closed the top with clay any one sanctifies. Before he closed the top with clay, he gives heave from one for all, after he closed the top with clay he has to give heave from each single one. The House of Shammai say, he opens and pours into a vat, but the House of Hillel say, he opens and does not have to pour. Where has this been said? At a place where usually one sells sealed, but at a place where usually one sells open, the flask did not become profane. However, if he is meticulous to sell by volume, the flask did become profane. Rebbi Simeon said, also if somebody says to another person, I am selling to you this amphora except its flask, the flask became profane.

Rebbi Ḥiyya in the name of Rebbi Joḥanan, so is the Mishnah: “If before he sealed the top with clay he gave it its name, tithe did not acquire it; if after he sealed the top with clay he gave it its name, tithe acquired it. If before he sealed the top with clay he gave it its name, one may lift by 101, if after he sealed the top with clay any one sanctifies. If before he sealed the top with clay he gave it its name, he gives heave from one for all, if after he sealed the top with clay he gave it its name, he has to give heave from each single one.”

When has this been said? For wine; but for oil, whether he closed the top with clay or did not close the top with clay, tithe did not acquire it. Whether he closed the top with clay or did not close the top with clay, he may lift by 101. Whether he closed the top with clay or did not close the top with clay, he gives heave from one for all.

How do we hold? If she is an adult, she acquired [her freedom] by the signs [of puberty]; if she is a minor, may a minor acquire? Rebbi Yudan bar Shalom said before Rebbi Yose, explain it following him who said, a minor may give heave. He said to him, even following him who said, a minor may give heave, may a minor acquire? Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not total robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “To his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Samuel ben Rav Isaac explained it by the method of small children. As we have stated there: “For school children, their buying is buying and their selling selling, for movables.” But did we not state: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

How do we hold? If she is an adult, she acquired [her freedom] by the signs [of puberty]; if she is a minor, may a minor acquire? Rebbi Yudan bar Shalom said before Rebbi Yose, explain it following him who said, a minor may give heave. He said to him, even following him who said, a minor may give heave, may a minor acquire? Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not total robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “To his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Samuel ben Rav Isaac explained it by the method of small children. As we have stated there: “For school children, their buying is buying and their selling selling, for movables.” But did we not state: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

How do we hold? If she is an adult, she acquired [her freedom] by the signs [of puberty]; if she is a minor, may a minor acquire? Rebbi Yudan bar Shalom said before Rebbi Yose, explain it following him who said, a minor may give heave. He said to him, even following him who said, a minor may give heave, may a minor acquire? Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not total robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “To his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Samuel ben Rav Isaac explained it by the method of small children. As we have stated there: “For school children, their buying is buying and their selling selling, for movables.” But did we not state: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

How do we hold? If she is an adult, she acquired [her freedom] by the signs [of puberty]; if she is a minor, may a minor acquire? Rebbi Yudan bar Shalom said before Rebbi Yose, explain it following him who said, a minor may give heave. He said to him, even following him who said, a minor may give heave, may a minor acquire? Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not total robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “To his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Samuel ben Rav Isaac explained it by the method of small children. As we have stated there: “For school children, their buying is buying and their selling selling, for movables.” But did we not state: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

How do we hold? If she is an adult, she acquired [her freedom] by the signs [of puberty]; if she is a minor, may a minor acquire? Rebbi Yudan bar Shalom said before Rebbi Yose, explain it following him who said, a minor may give heave. He said to him, even following him who said, a minor may give heave, may a minor acquire? Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not total robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “To his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Samuel ben Rav Isaac explained it by the method of small children. As we have stated there: “For school children, their buying is buying and their selling selling, for movables.” But did we not state: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

How do we hold? If she is an adult, she acquired [her freedom] by the signs [of puberty]; if she is a minor, may a minor acquire? Rebbi Yudan bar Shalom said before Rebbi Yose, explain it following him who said, a minor may give heave. He said to him, even following him who said, a minor may give heave, may a minor acquire? Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not total robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “To his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Samuel ben Rav Isaac explained it by the method of small children. As we have stated there: “For school children, their buying is buying and their selling selling, for movables.” But did we not state: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

How do we hold? If she is an adult, she acquired [her freedom] by the signs [of puberty]; if she is a minor, may a minor acquire? Rebbi Yudan bar Shalom said before Rebbi Yose, explain it following him who said, a minor may give heave. He said to him, even following him who said, a minor may give heave, may a minor acquire? Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not total robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “To his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Samuel ben Rav Isaac explained it by the method of small children. As we have stated there: “For school children, their buying is buying and their selling selling, for movables.” But did we not state: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Rebbi Zeïra understood it from here: “But he cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is not like his hand.” Does this not imply that a slave is not able to transfer rights from his master to another person? Explain it following Rebbi Meïr since Rebbi Meïr makes the hand of the slave the hand of his master. But did we not state “his wife”? Rebbi Meïr holds that the hand of the wife is the hand of her husband! Rebbi Ḥananiah said in the name of Rebbi Phineas, explain it following the Tanna who stated: “His wife cannot redeem Second Tithe for him. Rebbi Simeon ben Eleazar says in the name of Rebbi Meïr, his wife can redeem Second Tithe for him.” For that Tanna, Rebbi Meïr makes the hand of the slave the hand of his master but not the hand of the wife the hand of her husband!

Rebbi Ḥaggai asked before Rebbi Yose: Rebbi follows Rebbi Yose and Rebbi Nathan Rebbi Jehudah, as we have stated there: “I cannot accept that you accept it for her, but here you have it and give it to her, if he wants to take it back, he may take it back.” The Mishnah is Rebbi’s, as it was stated: “If she said, bring me my bill of divorce, but he said to him, your wife said, accept my bill of divorce for me. ‘Bring it to her, give it to her, acquire it for her, receive it for her’, if he wants to take it back, he may not take it back, the words of Rebbi. Rebbi Nathan says, ‘bring it to her, give it to her,’ if he wants to take it back, he may take it back; ‘acquire it for her, receive it for her’, if he wants to take it back, he may not take it back.” Rebbi says, in any of these cases he may not take it back except if he says, “I cannot accept that you accept it for her, but give it to her.” It is difficult for Rebbi, “here you have it from my word”, if he wants to take it back, he may not take it back. It is difficult for Rebbi Nathan, “here you have it from her word”, if he wants to take it back, he may not take it back. Rebbi Ḥuna said, he becomes his and her agent. Assi said, everywhere we have stated “his and her agent”, she is divorced and not divorced. He said to him, what do you have in your hand, did not Rebbi Zeïra, Ḥiyya bar Abun, Abba bar Taḥlifa, say in the name of Rebbi Hoshaia, when do they differ? If they thought about other things but if they still were at the same theme, it is a bill of divorce.

Rebbi Ḥaggai asked before Rebbi Yose: Rebbi follows Rebbi Yose and Rebbi Nathan Rebbi Jehudah, as we have stated there: “I cannot accept that you accept it for her, but here you have it and give it to her, if he wants to take it back, he may take it back.” The Mishnah is Rebbi’s, as it was stated: “If she said, bring me my bill of divorce, but he said to him, your wife said, accept my bill of divorce for me. ‘Bring it to her, give it to her, acquire it for her, receive it for her’, if he wants to take it back, he may not take it back, the words of Rebbi. Rebbi Nathan says, ‘bring it to her, give it to her,’ if he wants to take it back, he may take it back; ‘acquire it for her, receive it for her’, if he wants to take it back, he may not take it back.” Rebbi says, in any of these cases he may not take it back except if he says, “I cannot accept that you accept it for her, but give it to her.” It is difficult for Rebbi, “here you have it from my word”, if he wants to take it back, he may not take it back. It is difficult for Rebbi Nathan, “here you have it from her word”, if he wants to take it back, he may not take it back. Rebbi Ḥuna said, he becomes his and her agent. Assi said, everywhere we have stated “his and her agent”, she is divorced and not divorced. He said to him, what do you have in your hand, did not Rebbi Zeïra, Ḥiyya bar Abun, Abba bar Taḥlifa, say in the name of Rebbi Hoshaia, when do they differ? If they thought about other things but if they still were at the same theme, it is a bill of divorce.

That means that one does not give tithe to Cohanim. There is a difference, since Rebbi Joshua ben Ḥananiah was there. Rebbi Ḥananiah said, it means that Rabban Gamliel had to transfer. Rebbi Joshua said, for produce standing on the ground. Even if Rabban Gamliel’s box were standing in Rebbi Joshua’s house and he would say, he should acquire its tithe, would he have done anything if he did not label it?

Rebbi Redifa said, Rebbi Jeremiah and Rebbi Yose disagree. One says, he who may take may acquire; the other says, he who may give may acquire. He who says “he who may take” certainly includes him who may give. He who says “he who may give,” excludes him who may take.

Rebbi Redifa said, Rebbi Jeremiah and Rebbi Yose disagree. One says, he who may take may acquire; the other says, he who may give may acquire. He who says “he who may take” certainly includes him who may give. He who says “he who may give,” excludes him who may take.

The following Mishnah disagrees with him who says that he who may take may acquire, since we have stated: “Give this divorce document to my wife,” because he may receive the divorce document of his minor daughter. “And the document of manumission to my slave,” since he may receive his own document of manumission. But did we not state: “Receive this divorce document for my wife or bring this divorce document to my wife; if he wants to change his mind … he may do so.” Is a slave empowered to bring a divorce document? Explain it by different cases contained in the Mishnah.

A Mishnah disagrees with him who says that he who may take may acquire, since we have stated there: “One tithe that I will measure in the future is given to Aqiba ben Joseph that he should let the poor acquire it, and its place is rented to him.” But is Rebbi Aqiba entitled to take? Explain it, before he got rich. And even if you say, after he became rich, when he was an administrator, and the hand of the administrator is equal to the hand of the poor.

A Mishnah disagrees with him who says that he who may take may acquire, since we have stated there: “One tithe that I will measure in the future is given to Aqiba ben Joseph that he should let the poor acquire it, and its place is rented to him.” But is Rebbi Aqiba entitled to take? Explain it, before he got rich. And even if you say, after he became rich, when he was an administrator, and the hand of the administrator is equal to the hand of the poor.

The word of Rebbi Joshua ben Levi is that he who may take may acquire, since Rebbi Joshua ben Levi said: They disagree about a rich owner. But in the case of a poor owner, since he has the right to take it, the other person acquired it.

“Rebbi Jehudah said, when is this? When the ship touches ground.” Rebbi Ḥaggai said, Rebbi Jehudah follows his opinion since Rebbi Jehudah exempts water, as it has no consistency. Rebbi Abin said, it is more reasonable to assume his opinion changed; if the ship does not touch ground, would it not be as if the ship touched ground? If the ship does not touch ground, its tithes are of practice; one tithes from it for a flower pot without hole and from a flower pot without hole for it, as it was stated: “The tithes from a flower pot without hole are of practice, its heave does not create dema‘ and one does not owe a fifth for it.” Rebbi Hila in the name of Rebbi Eleazar: If somebody acquires a flower pot with a hole in Syria, even if he did not acquire the earth under it or the ground on which it stands, he acquired it to be obligated for tithes and the Sabbatical, even if it sits on two pegs. Even Rebbi Jehudah will agree with this. What is the difference between this case and that of a ship? A ship rises and falls, this [flower pot] rests in its place.

In the opinion of Rebbi Jehudah, what is the difference between him who plants on his own property and provines into the public domain and him who plants on his own and provines into his own and a public road is in between? Rebbi Ammi said, Rebbi Jehudah holds with Rebbi Eliezer, as we have stated there: “One may not make a cavity under the public domain, cisterns, ditches, or caverns. Rebbi Eliezer permits it if a truck loaded with stones can pass over it.” As Rebbi Eliezer said there, under the public domain, it is his, so Rebbi Jehudah said here, under the public domain, it is his. Rebbi Samuel ben Rav Isaac asked, if it follows Rebbi Eliezer, he should bring and make the declaration. Rebbi Yose said, Rebbi Samuel ben Rav Isaac thought that Rebbi Eliezer permits to do that and it remains his permanent property, but Rebbi Eliezer permits to do that but anybody quick to acquire does acquire it.

In the opinion of Rebbi Jehudah, what is the difference between him who plants on his own property and provines into the public domain and him who plants on his own and provines into his own and a public road is in between? Rebbi Ammi said, Rebbi Jehudah holds with Rebbi Eliezer, as we have stated there: “One may not make a cavity under the public domain, cisterns, ditches, or caverns. Rebbi Eliezer permits it if a truck loaded with stones can pass over it.” As Rebbi Eliezer said there, under the public domain, it is his, so Rebbi Jehudah said here, under the public domain, it is his. Rebbi Samuel ben Rav Isaac asked, if it follows Rebbi Eliezer, he should bring and make the declaration. Rebbi Yose said, Rebbi Samuel ben Rav Isaac thought that Rebbi Eliezer permits to do that and it remains his permanent property, but Rebbi Eliezer permits to do that but anybody quick to acquire does acquire it.

HALAKHAH: Rebbi Yose ben Ḥanina asked: If one bought a single tree he did not acquire the ground, two he did not acquire the ground. From one he does not bring at all, from two he brings and does not make the declaration? Rebbi Eleazar said to him, you are asking a question to which the rabbis in assembly have no answer.

HALAKHAH: Rebbi Yose ben Ḥanina asked: If one bought a single tree he did not acquire the ground, two he did not acquire the ground. From one he does not bring at all, from two he brings and does not make the declaration? Rebbi Eleazar said to him, you are asking a question to which the rabbis in assembly have no answer.

MISHNAH: Some rules apply to heave and tithe but not to First Fruits since heave and tithe forbid on the threshing floor, they have a fixed measure, apply to all produce, are due whether the Temple exists or not, and apply to sharecroppers, tenant farmers, sicarii, and robbers. They apply to heave and tithe but not to First Fruits. Some rules apply to First Fruits but not to heave and tithe. For First Fruits acquire [hallowed status] when connected to the ground, a person may dedicate his entire field as First Fruits, he is responsible for them, and they need a sacrifice, song, weaving, and staying overnight. Heave of the tithe is similar to First Fruits in two ways and to heave in two ways. It may be taken from pure for impure and from produce not earmarked, like First Fruits. It forbids the threshing floor and it has a measure like heave.

“They acquire [hallowed status] connected to the ground”, as it is written (Num. 18:13): “The First Fruits of anything on their land.”

Rebbi Ḥizqia, Rebbi Ḥanina the son of Rebbi Abbahu, in the name of Rebbi Eudaimon from Haifa: For an Elder four cubits; once he passed one sits down. The High Priest, from the moment one sees him until he disappears from view. What is the reason? (Ex. 33:8) “It was, when Moses went to the tent, the entire people rose, etc.” Two Amoraïm, one as praise and one as shame. The one who says, as praise: To see the just person and acquire merit. The one who says, as shame: Look at his thighs, look at his feet, he eats from the Jews, he drinks from the Jews, all he has is from the Jews.

They said before the Elder Rebbi Ḥiyya: Rebbi Simeon ben Yoḥai stated thus: Food you shall buy from them with money and eat, and also water you may acquire, etc. As water is not changed from its natural state, so anything which was not changed from its natural state. They objected: Are there not their dry beans, פנקריסין and קובטיות, roasted grain, and hot water permitted? One understands all of these because they can be soaked and return to their former state. What about roasted grain? Rebbi Yose ben Rebbi Abun in the name of Rav said: Any food which can be eaten alone raw is not in the category of Gentile cooking but one may use it for eruv tavšilin. How does Rebbi Ḥiyya explain food you shall buy from them? You shall buy with food. If you fed him you bought him. If he causes you trouble buy him with food or otherwise ply him with him money. They said, that is what Rebbi Jonathan did. When he saw that a superior came to his town, he sent him an honor gift. What did he say? If a suit involving an orphan or a widow came he would have a way to mollify him.

Two students of Rebbi Ḥanina went out to chop wood. An astrologer saw them, these two if they go out will not return. When they went out they met an old man who told them, acquire merit by me; for three days I did not eat anything. They had a loaf with them, cut off half of it and gave it to him. He ate and prayed for them; he said to them, may your life be preserved today as you did preserve my life today. They went out in peace and returned in peace. There were people there who had heard his voice and told him, did you not say, these two if they go out will not return? He said, if it is so, this man is a liar and his astrology consists of lies. Nevertheless they went and investigated and found a viper half in this load and half in the other load. They asked, what good deed did you do today? They told him the facts. He said, what can this man do if the Jew’s God is propitiated by half a loaf!

HALAKHAH: Paragraph. “A person may make his eruv conditional,” etc. So is the Mishnah: “A person can impose a condition on his ˋeruvin.” Rebbi Eleazar said, who is the Tanna of “if they came”, “if they did not come”? Rebbi Meïr! Which Rebbi Meïr? The colleagues say, Rebbi Meïr of Qiddušin. As it was stated: If somebody say to a woman: You are preliminarily married to me on condition that there will be rain. If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Meïr says, she is preliminarily married whether or not rain fell unless he doubled his condition. Everybody agrees that if he said, after rainfall, if it rained she is preliminarily married, otherwise she is not preliminarily married. (But following the rabbis she is preliminarily married whether rain fell or not.) Rebbi Yose said, it follows Rebbi Meïr in Eruvin, as we have stated there: “If it is a matter of uncertainty„ Rebbi Meïr and Rebbi Jehudah say, he is a donkey driver-camel driver.” Rebbi Yose said, Rebbi Meïr said this only as a restriction. Rebbi Mana said, that is correct. He cannot acquire his ˋeruv since he is not able to enjoy it. [Why not] like the people of his place? If he had decided to leave his place. And here, she is not preliminarily married to the first, since no rain came. She is not preliminarily married to the second, since the first did not double his condition. Rebbi Ḥaggai asked before Rebbi Yose: Is this “if” not a reaction? He answered, there is a difference since the land was in their hand and he wanted to take it away from them.

There we have stated: “A flask which had been immersed on the same day and [they filled it] from an amphora with ṭevel tithe, if he said that this shall be heave of the tithe after nightfall then it is heave of the tithe. If he said this is eruv, he did not say anything.” Rebbi Jonah said, Rebbi Ḥama bar (Aqiba) [Uqba] asked, is this Mishnah not following Rebbi Eliezer, since Rebbi Eliezer said, one does not make an eruv for a person after nightfall? Rebbi Jeremiah in the name of Rebbi Zeˋira: There it is everybody’s opinion. But here he acquires a place for Sabbath rest for two days while it still is a working day. Rebbi Ḥaggai asked, if it was Thursday and he said, this should acquire for me a place for Sabbath rest, in Rebbi Eliezer’s opinion he acquired, in (Rav’s) [the rabbis’] opinion did he not acquire? Rebbi Yose said, why can a person not make an eruv from holiday to Sabbath? Because a person makes an eruv from Sabbath eve to the Sabbath. But here, since he can make an eruv from Sabbath eve to the Sabbath, he may make an eruv even from Thursday to the Sabbath. “Rebbi Eliezer said to them, do you not agree with me that if he used a loaf to make an eruv for the first day, that he may use a loaf to make an eruv for the second day, that if he ate it on the first day it is an eruv for the first day but is not an eruv for the second? Therefore these are two sanctities. They answered him, do you not agree with us that a person does not make a new eruv on a holiday? Therefore it is one sanctity.”

There we have stated: “A flask which had been immersed on the same day and [they filled it] from an amphora with ṭevel tithe, if he said that this shall be heave of the tithe after nightfall then it is heave of the tithe. If he said this is eruv, he did not say anything.” Rebbi Jonah said, Rebbi Ḥama bar (Aqiba) [Uqba] asked, is this Mishnah not following Rebbi Eliezer, since Rebbi Eliezer said, one does not make an eruv for a person after nightfall? Rebbi Jeremiah in the name of Rebbi Zeˋira: There it is everybody’s opinion. But here he acquires a place for Sabbath rest for two days while it still is a working day. Rebbi Ḥaggai asked, if it was Thursday and he said, this should acquire for me a place for Sabbath rest, in Rebbi Eliezer’s opinion he acquired, in (Rav’s) [the rabbis’] opinion did he not acquire? Rebbi Yose said, why can a person not make an eruv from holiday to Sabbath? Because a person makes an eruv from Sabbath eve to the Sabbath. But here, since he can make an eruv from Sabbath eve to the Sabbath, he may make an eruv even from Thursday to the Sabbath. “Rebbi Eliezer said to them, do you not agree with me that if he used a loaf to make an eruv for the first day, that he may use a loaf to make an eruv for the second day, that if he ate it on the first day it is an eruv for the first day but is not an eruv for the second? Therefore these are two sanctities. They answered him, do you not agree with us that a person does not make a new eruv on a holiday? Therefore it is one sanctity.”

HALAKHAH: Paragraph. “If somebody slept on the road and did not realize until after night fell,” etc. Rebbi Zeˋira in the name of Rebbi Ḥasdai. The reason of Rebbi Joḥanan ben Nuri: Since if he had been awake he would have acquired a Sabbath domain, when he was sleeping he did not acquire a Sabbath domain; he only has 2’000 cubits in every direction. Rebbi Jehudah says, even awake and he did not acquire a Sabbath domain; he only has 2’000 cubits in every direction. Rebbi Jehudah’s statement follows Rebbi Joḥanan ben Nuri’s (and exceeds Rebbi Joḥanan ben Nuri’s). For Rebbi Joḥanan ben Nuri said, since if he had been awake he would have acquired a Sabbath domain, if he was awake and did not acquire a Sabbath domain; he only has 2’000 cubits in every direction.

HALAKHAH: Paragraph. “If somebody slept on the road and did not realize until after night fell,” etc. Rebbi Zeˋira in the name of Rebbi Ḥasdai. The reason of Rebbi Joḥanan ben Nuri: Since if he had been awake he would have acquired a Sabbath domain, when he was sleeping he did not acquire a Sabbath domain; he only has 2’000 cubits in every direction. Rebbi Jehudah says, even awake and he did not acquire a Sabbath domain; he only has 2’000 cubits in every direction. Rebbi Jehudah’s statement follows Rebbi Joḥanan ben Nuri’s (and exceeds Rebbi Joḥanan ben Nuri’s). For Rebbi Joḥanan ben Nuri said, since if he had been awake he would have acquired a Sabbath domain, if he was awake and did not acquire a Sabbath domain; he only has 2’000 cubits in every direction.

HALAKHAH: Paragraph. “If somebody slept on the road and did not realize until after night fell,” etc. Rebbi Zeˋira in the name of Rebbi Ḥasdai. The reason of Rebbi Joḥanan ben Nuri: Since if he had been awake he would have acquired a Sabbath domain, when he was sleeping he did not acquire a Sabbath domain; he only has 2’000 cubits in every direction. Rebbi Jehudah says, even awake and he did not acquire a Sabbath domain; he only has 2’000 cubits in every direction. Rebbi Jehudah’s statement follows Rebbi Joḥanan ben Nuri’s (and exceeds Rebbi Joḥanan ben Nuri’s). For Rebbi Joḥanan ben Nuri said, since if he had been awake he would have acquired a Sabbath domain, if he was awake and did not acquire a Sabbath domain; he only has 2’000 cubits in every direction.

Where do we hold? If she is an adult, she becomes free by the signs [of puberty]. If she is underage, may an underage person transfer rights? Rebbi Yudan bar Shalom said before Rebbi Yose: Explain it following him who said that a minor may give heave. He answered him, but even according to him who says that a minor cannot give heave, the minor can acquire rights. This is acceptable following the opinion of the rabbis there. There, they are saying in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what one finds in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what one robs from him is robbery because of the ways of peace; a nut or a pebble and he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift, since it is written, if a man give, a man’s gift is a gift, the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan, Rebbi Jacob [bar Aḥa] in the name of Rebbi Joḥanan: Robbing from him is never clear robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan: That which you say is to make one pay by a law suit; but to have to bring a sacrifice for a [false] oath everybody agrees only after he grew two pubic hairs. But following to the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written to his neighbor, only if he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac: They came to it by the rules of school children as we have stated: “School children’s buying is buying and their selling is selling, for movables.” But did we not state: “But he cannot transfer rights through his minor son or daughter or his Canaanite male or female slave because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Where do we hold? If she is an adult, she becomes free by the signs [of puberty]. If she is underage, may an underage person transfer rights? Rebbi Yudan bar Shalom said before Rebbi Yose: Explain it following him who said that a minor may give heave. He answered him, but even according to him who says that a minor cannot give heave, the minor can acquire rights. This is acceptable following the opinion of the rabbis there. There, they are saying in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what one finds in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what one robs from him is robbery because of the ways of peace; a nut or a pebble and he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift, since it is written, if a man give, a man’s gift is a gift, the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan, Rebbi Jacob [bar Aḥa] in the name of Rebbi Joḥanan: Robbing from him is never clear robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan: That which you say is to make one pay by a law suit; but to have to bring a sacrifice for a [false] oath everybody agrees only after he grew two pubic hairs. But following to the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written to his neighbor, only if he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac: They came to it by the rules of school children as we have stated: “School children’s buying is buying and their selling is selling, for movables.” But did we not state: “But he cannot transfer rights through his minor son or daughter or his Canaanite male or female slave because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Where do we hold? If she is an adult, she becomes free by the signs [of puberty]. If she is underage, may an underage person transfer rights? Rebbi Yudan bar Shalom said before Rebbi Yose: Explain it following him who said that a minor may give heave. He answered him, but even according to him who says that a minor cannot give heave, the minor can acquire rights. This is acceptable following the opinion of the rabbis there. There, they are saying in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what one finds in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what one robs from him is robbery because of the ways of peace; a nut or a pebble and he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift, since it is written, if a man give, a man’s gift is a gift, the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan, Rebbi Jacob [bar Aḥa] in the name of Rebbi Joḥanan: Robbing from him is never clear robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan: That which you say is to make one pay by a law suit; but to have to bring a sacrifice for a [false] oath everybody agrees only after he grew two pubic hairs. But following to the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written to his neighbor, only if he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac: They came to it by the rules of school children as we have stated: “School children’s buying is buying and their selling is selling, for movables.” But did we not state: “But he cannot transfer rights through his minor son or daughter or his Canaanite male or female slave because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Where do we hold? If she is an adult, she becomes free by the signs [of puberty]. If she is underage, may an underage person transfer rights? Rebbi Yudan bar Shalom said before Rebbi Yose: Explain it following him who said that a minor may give heave. He answered him, but even according to him who says that a minor cannot give heave, the minor can acquire rights. This is acceptable following the opinion of the rabbis there. There, they are saying in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what one finds in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what one robs from him is robbery because of the ways of peace; a nut or a pebble and he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift, since it is written, if a man give, a man’s gift is a gift, the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan, Rebbi Jacob [bar Aḥa] in the name of Rebbi Joḥanan: Robbing from him is never clear robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan: That which you say is to make one pay by a law suit; but to have to bring a sacrifice for a [false] oath everybody agrees only after he grew two pubic hairs. But following to the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written to his neighbor, only if he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac: They came to it by the rules of school children as we have stated: “School children’s buying is buying and their selling is selling, for movables.” But did we not state: “But he cannot transfer rights through his minor son or daughter or his Canaanite male or female slave because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Where do we hold? If she is an adult, she becomes free by the signs [of puberty]. If she is underage, may an underage person transfer rights? Rebbi Yudan bar Shalom said before Rebbi Yose: Explain it following him who said that a minor may give heave. He answered him, but even according to him who says that a minor cannot give heave, the minor can acquire rights. This is acceptable following the opinion of the rabbis there. There, they are saying in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what one finds in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what one robs from him is robbery because of the ways of peace; a nut or a pebble and he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift, since it is written, if a man give, a man’s gift is a gift, the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan, Rebbi Jacob [bar Aḥa] in the name of Rebbi Joḥanan: Robbing from him is never clear robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan: That which you say is to make one pay by a law suit; but to have to bring a sacrifice for a [false] oath everybody agrees only after he grew two pubic hairs. But following to the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written to his neighbor, only if he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac: They came to it by the rules of school children as we have stated: “School children’s buying is buying and their selling is selling, for movables.” But did we not state: “But he cannot transfer rights through his minor son or daughter or his Canaanite male or female slave because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

There, we have stated: “If somebody borrows a cow and [the lender] sent her to him through his son, his slave, or his agent, in case it died he is not liable.” Does this not say that a slave is able to transfer rights from his master to another person? Rebbi Eleazar said, explain it about a Hebrew slave. Rebbi Joḥanan said, you can even explain it for a Canaanite slave, it he told him, open the gate for her and she will go by herself, as we have stated: If he led her, drew her, called her and she followed him, he is required to pay as a borrower. Rebbi Ze`ira understood it from here: “But he cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is not like his hand.” Does this not imply that a slave is not able to transfer rights from his master to another person? Explain it following Rebbi Meïr since Rebbi Meïr makes the hand of the slave the hand of his master. But did we not state “his wife”? Rebbi Meïr holds that the hand of the wife is the hand of her husband! Rebbi Ḥananiah said in the name of Rebbi Phineas, explain it following the Tanna who stated: “His wife cannot redeem Second Tithe for him. Rebbi Simeon ben Eleazar says in the name of Rebbi Meïr, his wife can redeem Second Tithe for him.” For that Tanna, Rebbi Meïr makes the hand of the slave the hand of his master but not the hand of the wife the hand of her husband!

MISHNAH: Anything and participation except water and salt, the words of Rebbi Eliezer. Rebbi Joshua says, an eruv is a loaf of bread. Even if a se’ah was baked but is sliced one may not use it for eruv; a loaf the size of an as which is complete may be used for eruv. A person may give an obolus to a grocer or a baker to acquire part in his eruv, the words of Rebbi Eliezer. But the Sages say, his money did not acquire for him. They agree for anybody else that his money does acquire for him, because one makes an eruv for a person only with his agreement. Rebbi Jehudah explained, when has this been said? For eruv of domains, but eruvin of courtyards one makes with or without his agreement since one may give benefits to a person in his absence but impose obligations on him only in his presence.

MISHNAH: Anything and participation except water and salt, the words of Rebbi Eliezer. Rebbi Joshua says, an eruv is a loaf of bread. Even if a se’ah was baked but is sliced one may not use it for eruv; a loaf the size of an as which is complete may be used for eruv. A person may give an obolus to a grocer or a baker to acquire part in his eruv, the words of Rebbi Eliezer. But the Sages say, his money did not acquire for him. They agree for anybody else that his money does acquire for him, because one makes an eruv for a person only with his agreement. Rebbi Jehudah explained, when has this been said? For eruv of domains, but eruvin of courtyards one makes with or without his agreement since one may give benefits to a person in his absence but impose obligations on him only in his presence.

MISHNAH: Anything and participation except water and salt, the words of Rebbi Eliezer. Rebbi Joshua says, an eruv is a loaf of bread. Even if a se’ah was baked but is sliced one may not use it for eruv; a loaf the size of an as which is complete may be used for eruv. A person may give an obolus to a grocer or a baker to acquire part in his eruv, the words of Rebbi Eliezer. But the Sages say, his money did not acquire for him. They agree for anybody else that his money does acquire for him, because one makes an eruv for a person only with his agreement. Rebbi Jehudah explained, when has this been said? For eruv of domains, but eruvin of courtyards one makes with or without his agreement since one may give benefits to a person in his absence but impose obligations on him only in his presence.

HALAKHAH: Paragraph. Rebbi Abbahu in the name of Rebbi Joḥanan: This implies that money does not transfer title as word of the Torah. Then even if he comes to the grocer? There is a difference, maybe he would forget and sell it. Rebbi Aḥa in the name of Rebbi Ḥinena: My father did not say so but: “But the Sages say, his money did not acquire for him.” This implies that money does transfer title as word from the Torah. “They agree for anybody else that his money does acquire for him,” because the grocer will transfer title through a third person. “Because one makes an eruv for a person only with his agreement;” the Mishnah is Rebbi Meïr’s since Rebbi Meïr said, by an eruv, by participation. Rebbi Ze`ira in the name of Rebbi Joḥanan: In matters of eruvin and public fast-days everybody follows Rebbi Meïr. Rebbi Jacob [bar Aḥa] in the name of Rebbi Joḥanan: Even about the reading of the Esther scroll everybody follows Rebbi Meïr.

HALAKHAH: Paragraph. Rebbi Abbahu in the name of Rebbi Joḥanan: This implies that money does not transfer title as word of the Torah. Then even if he comes to the grocer? There is a difference, maybe he would forget and sell it. Rebbi Aḥa in the name of Rebbi Ḥinena: My father did not say so but: “But the Sages say, his money did not acquire for him.” This implies that money does transfer title as word from the Torah. “They agree for anybody else that his money does acquire for him,” because the grocer will transfer title through a third person. “Because one makes an eruv for a person only with his agreement;” the Mishnah is Rebbi Meïr’s since Rebbi Meïr said, by an eruv, by participation. Rebbi Ze`ira in the name of Rebbi Joḥanan: In matters of eruvin and public fast-days everybody follows Rebbi Meïr. Rebbi Jacob [bar Aḥa] in the name of Rebbi Joḥanan: Even about the reading of the Esther scroll everybody follows Rebbi Meïr.

Even if he could return and eliminate, or go and save. Even if he could go and acquire rest status, return and (nullify) [eliminate].

Rebbi Abbahu sent his son Rebbi Ḥanina to acquire merit in Tiberias. They came and said to him, he does works of charity. He sent to tell him, are there no graves in Caesarea that I sent you to Tiberias? For they already voted and decided in the upper floor of the house of Arius in Lydda that study precedes action. The rabbis of Caesaria say, that is, if there is somebody there who will do it. But if nobody is there who will do it, the action has precedence. Example. Rebbi Ḥiyya, Rebbi Yasa, Rebbi Immi, were late in coming to Rebbi Eleazar. He asked them, where have you been? They told him, performing an act of charity. He asked them, where there no others? They answered him, it was a neighbor.

The following is obvious: If one group started eating when the other became impure, the pure group acquired the part of the impure. Not only this but even if one group started eating and they became impure, the pure group acquired the part of the impure. But if both had started eating when one of them became impure, the pure group did not acquire the part of the impure.

HALAKHAH: Rav said, a priori he has to start with your forefathers always lived on the far side of the River, etc. But I took your father Abraham from the far side of the River, etc And I increased. Rebbi Aḥa said, the ketib is וארב. How may quarrels I made for him before I gave him Isaac. Another explanation, I prepared an ambush for him. If he would sin, to repay him, if he would acquire merit, to reward him.

Neḥemiah from Shiḥin met a Jerusalemite who said to him, acquire merit by giving me a chicken. He said to him, here is its value, go buy red meat; he bought, ate and died. He said, come and eulogize him whom Neḥemiah killed.

Naḥum from Gimzo was carrying a gift to the house of his father-in-law when he met a person afflicted with boils who asked him, acquire merit from what you have on you. He said to him, when I shall return. He returned and found him dead. He said before him, his eyes which saw you and did not give to you shall go blind, his hands which did not stretch out to give to you shall be cut off, his feet which did not run to give to you shall be broken. This happened to him. Rebbi Aqiba came to visit him and said, woe to me that I see you in this state. He answered, woe to me that I do not see you in this state. He asked, why do you curse me? He answered, why are you contemptuous of suffering?

A person came to a relative of Rebbi Yannai and said to him: Rabbi, acquire merit with me. He said to him, did your father not have money? He answered, no. He told him, it is deposited with me. He told him, I heard about it that it was [repayment]. He said to him, you are worthy to pray and be heard.