buyer

It is naught, it is naught, saith the buyer: but when he is gone his way, then he boasteth.

And it shall be, as with the people, so with the priest; as with the servant, so with his master; as with the maid, so with her mistress; as with the buyer, so with the seller; as with the lender, so with the borrower; as with the taker of usury, so with the giver of usury to him.

The time is come, the day draweth near: let not the buyer rejoice, nor the seller mourn: for wrath is upon all the multitude thereof.

Neither consult with a woman touching her of whom she is jealous; neither with a coward in matters of war; nor with a merchant concerning exchange; nor with a buyer of selling; nor with an envious man of thankfulness; nor with an unmerciful man touching kindness; nor with the slothful for any work; nor with an hireling for a year of finishing work; nor with an idle servant of much business: hearken not unto these in any matter of counsel.

Jesus said, "The kingdom can be compared to someone who had a treasure [hidden] in their field. [They] didn't know about it. After they died, they left it to their son. The son didn't know it either. He took the field and sold it. "The buyer plowed the field, [found] the treasure, and began to loan money at interest to whomever they wanted."

If a man who was married to two wives sold his field, and the first wife wrote to the buyer, “I have no claim whatsoever upon you”, the second wife may take [the field] away from the buyer, and the first wife from the second, and the buyer from the first wife; and so they go on in turn until they arrange a compromise between them. The same law applies also to a creditor and to a woman creditor.

If a man who was married to two wives sold his field, and the first wife wrote to the buyer, “I have no claim whatsoever upon you”, the second wife may take [the field] away from the buyer, and the first wife from the second, and the buyer from the first wife; and so they go on in turn until they arrange a compromise between them. The same law applies also to a creditor and to a woman creditor.

If a man who was married to two wives sold his field, and the first wife wrote to the buyer, “I have no claim whatsoever upon you”, the second wife may take [the field] away from the buyer, and the first wife from the second, and the buyer from the first wife; and so they go on in turn until they arrange a compromise between them. The same law applies also to a creditor and to a woman creditor.

With wine he may exact [a reduction] of one-sixth. Rabbi Judah says: “One-fifth.” He may exact of him three logs in every one hundred logs of oil one log and a half for sediment and one log and a half for absorption. If the oil was refined he may not exact for sediment. If the jars were old he may not exact for absorption. Rabbi Judah says: “Also if a man sells to his fellow through the year, the buyer must undertake to accept a reduction of one and a half logs because of sediment.

How is this so? If [the buyer] drew the produce away from [the seller] but did not give over the money, he cannot retract. If [the buyer] gave the money but did not draw the produce away from [the seller], he can retract. But they said: “He that exacted punishment from the generation of the flood and the generation of the dispersion (at the time of the Tower of Babel) will exact punishment from one who does not keep by his word. Rabbi Shimon says: “He that has the money has the upper hand.”

How is this so? If [the buyer] drew the produce away from [the seller] but did not give over the money, he cannot retract. If [the buyer] gave the money but did not draw the produce away from [the seller], he can retract. But they said: “He that exacted punishment from the generation of the flood and the generation of the dispersion (at the time of the Tower of Babel) will exact punishment from one who does not keep by his word. Rabbi Shimon says: “He that has the money has the upper hand.”

Both the buyer and the seller are subject to the law of fraud. Just as the ordinary person is subject to the law of fraud so too is the merchant. Rabbi Judah said: “The law of fraud does not apply to the merchant.” He who has been subjected to [fraud] has the upper hand: if he wants he may say to him, “Give me back my money or give me back the amount you defrauded me.”

Produce may not be mixed together with other produce, even new produce with new produce, and needless to say new with old. In truth they permitted sharp wine to be mixed with weak wine, since this improves [the taste]. Wine lees may not be mixed with wine, but [the seller] may give [the buyer] the lees that come from the same wine. One whose wine has been mixed with water may not sell it in a store unless he informs [the buyer] and not to a merchant even if he has informed him, since [the merchant would buy it] only to deceive with it. In a place where they are accustomed to put water in wine, they may do so.

Produce may not be mixed together with other produce, even new produce with new produce, and needless to say new with old. In truth they permitted sharp wine to be mixed with weak wine, since this improves [the taste]. Wine lees may not be mixed with wine, but [the seller] may give [the buyer] the lees that come from the same wine. One whose wine has been mixed with water may not sell it in a store unless he informs [the buyer] and not to a merchant even if he has informed him, since [the merchant would buy it] only to deceive with it. In a place where they are accustomed to put water in wine, they may do so.

If a man sold a field, and the buyer gave him part of the price and he said to the buyer, “Pay me the rest of the price whenever you wish and then take what is yours”, this is forbidden. If a man lent another money on the security of his field and said to him, “If you do not pay me within three years it will be mine”, then it becomes his. This is what Boethus the son of Zunin used to do with the consent of the Sages.

If a man sold a field, and the buyer gave him part of the price and he said to the buyer, “Pay me the rest of the price whenever you wish and then take what is yours”, this is forbidden. If a man lent another money on the security of his field and said to him, “If you do not pay me within three years it will be mine”, then it becomes his. This is what Boethus the son of Zunin used to do with the consent of the Sages.

If one swapped a cow for a donkey, and it gave birth, So too if one sold his slave and she gave birth, [And] one (the seller) says, “It was born before I sold her”, and the other (the buyer) says, “It was born after I bought her”, they shall divide [the value of what was born]. If one had two slaves, one large and the other small, or two fields, one large and the other small,[And he sold one of them], If the buyer says, “I bought the large one” and the other says, “I don’t know”, the buyer can rightly claim the large one. If the seller said, “I sold the small one” and the buyer said, “I do not know”, he may only take the small one. If one said, “It was the large one” and the other said, “It was the small one”, the seller must take an oath that it was the small one that he sold [and the buyer can only take the small one]. If one said, “I do not know”, and the other said, “I do not know”, they shall divide the value [of both slaves or fields].

If one swapped a cow for a donkey, and it gave birth, So too if one sold his slave and she gave birth, [And] one (the seller) says, “It was born before I sold her”, and the other (the buyer) says, “It was born after I bought her”, they shall divide [the value of what was born]. If one had two slaves, one large and the other small, or two fields, one large and the other small,[And he sold one of them], If the buyer says, “I bought the large one” and the other says, “I don’t know”, the buyer can rightly claim the large one. If the seller said, “I sold the small one” and the buyer said, “I do not know”, he may only take the small one. If one said, “It was the large one” and the other said, “It was the small one”, the seller must take an oath that it was the small one that he sold [and the buyer can only take the small one]. If one said, “I do not know”, and the other said, “I do not know”, they shall divide the value [of both slaves or fields].

If one swapped a cow for a donkey, and it gave birth, So too if one sold his slave and she gave birth, [And] one (the seller) says, “It was born before I sold her”, and the other (the buyer) says, “It was born after I bought her”, they shall divide [the value of what was born]. If one had two slaves, one large and the other small, or two fields, one large and the other small,[And he sold one of them], If the buyer says, “I bought the large one” and the other says, “I don’t know”, the buyer can rightly claim the large one. If the seller said, “I sold the small one” and the buyer said, “I do not know”, he may only take the small one. If one said, “It was the large one” and the other said, “It was the small one”, the seller must take an oath that it was the small one that he sold [and the buyer can only take the small one]. If one said, “I do not know”, and the other said, “I do not know”, they shall divide the value [of both slaves or fields].

If one swapped a cow for a donkey, and it gave birth, So too if one sold his slave and she gave birth, [And] one (the seller) says, “It was born before I sold her”, and the other (the buyer) says, “It was born after I bought her”, they shall divide [the value of what was born]. If one had two slaves, one large and the other small, or two fields, one large and the other small,[And he sold one of them], If the buyer says, “I bought the large one” and the other says, “I don’t know”, the buyer can rightly claim the large one. If the seller said, “I sold the small one” and the buyer said, “I do not know”, he may only take the small one. If one said, “It was the large one” and the other said, “It was the small one”, the seller must take an oath that it was the small one that he sold [and the buyer can only take the small one]. If one said, “I do not know”, and the other said, “I do not know”, they shall divide the value [of both slaves or fields].

If one swapped a cow for a donkey, and it gave birth, So too if one sold his slave and she gave birth, [And] one (the seller) says, “It was born before I sold her”, and the other (the buyer) says, “It was born after I bought her”, they shall divide [the value of what was born]. If one had two slaves, one large and the other small, or two fields, one large and the other small,[And he sold one of them], If the buyer says, “I bought the large one” and the other says, “I don’t know”, the buyer can rightly claim the large one. If the seller said, “I sold the small one” and the buyer said, “I do not know”, he may only take the small one. If one said, “It was the large one” and the other said, “It was the small one”, the seller must take an oath that it was the small one that he sold [and the buyer can only take the small one]. If one said, “I do not know”, and the other said, “I do not know”, they shall divide the value [of both slaves or fields].

But [one who sold a field] has not sold the stones that are not necessary to it or the canes in a vineyard that are not necessary to it or the produce that is already picked from the ground. But if he had said, “It and all that is in it” all of these are sold also. But in neither case has he sold any partition of reeds that covers a quarter-kav’s space of ground, or the watchman’s hut if it was not fastened down with mortar, or grafted carob trees or cropped sycamores, or any cistern or winepress or dovecote, whether they are lying waste or in use. And [the seller] must purchase [from the buyer] a way thereto, according to Rabbi Akiva. But the sages say: “He need not.” And Rabbi Akiva agrees that if he had said, “Excepting these”, he need not buy himself a way thereto. If he had sold them (the cistern, winepress or dovecote) to another, Rabbi Akiva says: “He [that bought them] need not buy himself a way thereto. But the Sages say: “He must buy himself a way thereto.” When is this so? With regards to he that sells his field. But if he gives it as a gift, he gives everything that is in it. If brothers who divided [an inheritance] came into possession of a field, they come into possession of everything that is in it. If a man secured title by possession of the property of a convert, and secured title by possession of the [convert’s] field, he secures title to everything that is in it. If a man dedicated a field [to the Temple] he has dedicated everything in it. Rabbi Shimon says: “If a man dedicated a field, he has dedicated only the grafted carob trees and cropped sycamores.”

If a man bought two trees in his fellow’s field, he has not bought the ground [in which they grow]. Rabbi Meir says: “He has bought the ground”. When they grow (branches), he (the seller) may not trim them. What comes up from the stem belongs to him (the buyer) but what comes up from the roots belongs to the seller. And if they die, the ground is not his [to replant new trees]. If he bought three trees, he has bought the ground [between them]. When they grow he may trim them, And what comes up whether from the stem or from the roots belongs to him (the buyer). And if they die the ground is his.

If a man bought two trees in his fellow’s field, he has not bought the ground [in which they grow]. Rabbi Meir says: “He has bought the ground”. When they grow (branches), he (the seller) may not trim them. What comes up from the stem belongs to him (the buyer) but what comes up from the roots belongs to the seller. And if they die, the ground is not his [to replant new trees]. If he bought three trees, he has bought the ground [between them]. When they grow he may trim them, And what comes up whether from the stem or from the roots belongs to him (the buyer). And if they die the ground is his.

There are four rules with regards to those who sell: If one has sold good wheat and it turns out to be bad, the buyer can retract. If he sold bad wheat and it is found to be good, the seller can retract. [But if one sold] bad wheat and it is found to be bad, or good wheat and it is found to be good, neither may retract. [If one has sold] dark wheat and it turned out to be white; Or white and it turned out to be dark; Or [if he sold] olive wood and it turned out to be sycamore wood; Or sycamore wood and it turned out to be olive wood; Or [if he sold] wine and it turned out to be vinegar; Or vinegar and it turned out to be wine; Either of them may retract.

If a man sold produce to his fellow and the buyer drew it towards him but did not measure it, [the buyer] has acquired [the produce]. If [the seller] had measured it but [the buyer] did not draw it towards him, he has not acquired [the produce]. If [the buyer] is clever he will rent the place [in which the produce is located]. If a man bought flax from his fellow he has not acquired it until he has moved it from one place to another. If it was still attached to the ground, and he plucked any small quantity of it, he has acquired possession.

If a man sold produce to his fellow and the buyer drew it towards him but did not measure it, [the buyer] has acquired [the produce]. If [the seller] had measured it but [the buyer] did not draw it towards him, he has not acquired [the produce]. If [the buyer] is clever he will rent the place [in which the produce is located]. If a man bought flax from his fellow he has not acquired it until he has moved it from one place to another. If it was still attached to the ground, and he plucked any small quantity of it, he has acquired possession.

If a man sold produce to his fellow and the buyer drew it towards him but did not measure it, [the buyer] has acquired [the produce]. If [the seller] had measured it but [the buyer] did not draw it towards him, he has not acquired [the produce]. If [the buyer] is clever he will rent the place [in which the produce is located]. If a man bought flax from his fellow he has not acquired it until he has moved it from one place to another. If it was still attached to the ground, and he plucked any small quantity of it, he has acquired possession.

If a man sold produce to his fellow and the buyer drew it towards him but did not measure it, [the buyer] has acquired [the produce]. If [the seller] had measured it but [the buyer] did not draw it towards him, he has not acquired [the produce]. If [the buyer] is clever he will rent the place [in which the produce is located]. If a man bought flax from his fellow he has not acquired it until he has moved it from one place to another. If it was still attached to the ground, and he plucked any small quantity of it, he has acquired possession.

If a man sold wine or oil to his fellow, and its value rose or fell, if [the price rose or fell] before the measure was filled up, it belongs to the seller, [and he may refuse to sell except at the higher price]. But if [the price rose or fell] after the measure was filled up, it belongs to the buyer [and he may refuse to buy except at the lower price]. If there was a middleman between them, and the jar broke, it is broken to [the loss of] the middleman. [After emptying the measure] the seller must let three more drops drip [for the buyer]. If he then turned the measure over and drained it off, what flows out belongs to the seller. The shopkeeper is not obligated to let three more drops drip. Rabbi Judah says: “[Only] on the eve of Shabbath as it becomes dark is he exempt.”

If a man sold wine or oil to his fellow, and its value rose or fell, if [the price rose or fell] before the measure was filled up, it belongs to the seller, [and he may refuse to sell except at the higher price]. But if [the price rose or fell] after the measure was filled up, it belongs to the buyer [and he may refuse to buy except at the lower price]. If there was a middleman between them, and the jar broke, it is broken to [the loss of] the middleman. [After emptying the measure] the seller must let three more drops drip [for the buyer]. If he then turned the measure over and drained it off, what flows out belongs to the seller. The shopkeeper is not obligated to let three more drops drip. Rabbi Judah says: “[Only] on the eve of Shabbath as it becomes dark is he exempt.”

Rabban Shimon ben Gamaliel said: “When is this so (that one needs to clean out measures)? With regards to liquid measures, but with regards to dry measures it is not necessary. [And a shopkeeper] must let the scales sink down a handbreadth [to the buyer’s advantage]. If he gave him an exact measure, he must give him his overweight, a tenth for liquid measures and a twentieth for dry measures. Where the custom is to measure with small measures they should not measure with large measures and where the custom is to measure with large measures they should not measure with small measures. Where the custom is to smooth down [what is in the measure] they should not heap it up, and [where the custom is] to heap it up, they should not smooth it down.

If a man sold grain to his fellow, the buyer must agree to accept a quarter-kab of refuse with every seah. [If he bought] figs he must agree to accept ten that are eaten by worms for every one hundred. [If he bought] a cellar of wine, he must agree to accept ten jars gone sour in every one hundred. [If he bought] jars in Sharon, he must agree to accept ten which are not fully dry (and therefore are more easily broken) in one hundred.

[If he said, “I will sell you] a kor’s space of soil as measured by a rope”, and he gave him less, the buyer may reduce the price; and if he gave him more, the buyer must give it back. But if he said, “Whether less or more”, even if he gave the buyer a quarter-kab’s space less in every seah’s space, or a quarter kab’s space more in every seah’s space, it becomes his; if [the error] was more than this, a reckoning must be made. What does he (the buyer) give him back? Its value in money; but if the seller wants, he gives him back the land. And why did they say that he could give back its value in money? To strengthen the power of the seller, for if, in a field [containing a kor’s space] there would still have remained to him nine kab’s space, or, in a garden, a half-kab’s space, or according to Rabbi Akiva a quarter-kab’s space, the buyer must give back to him land. And not only must he give back the quarter-kab’s space, but all of the surplus.

[If he said, “I will sell you] a kor’s space of soil as measured by a rope”, and he gave him less, the buyer may reduce the price; and if he gave him more, the buyer must give it back. But if he said, “Whether less or more”, even if he gave the buyer a quarter-kab’s space less in every seah’s space, or a quarter kab’s space more in every seah’s space, it becomes his; if [the error] was more than this, a reckoning must be made. What does he (the buyer) give him back? Its value in money; but if the seller wants, he gives him back the land. And why did they say that he could give back its value in money? To strengthen the power of the seller, for if, in a field [containing a kor’s space] there would still have remained to him nine kab’s space, or, in a garden, a half-kab’s space, or according to Rabbi Akiva a quarter-kab’s space, the buyer must give back to him land. And not only must he give back the quarter-kab’s space, but all of the surplus.

[If he said, “I will sell you] a kor’s space of soil as measured by a rope”, and he gave him less, the buyer may reduce the price; and if he gave him more, the buyer must give it back. But if he said, “Whether less or more”, even if he gave the buyer a quarter-kab’s space less in every seah’s space, or a quarter kab’s space more in every seah’s space, it becomes his; if [the error] was more than this, a reckoning must be made. What does he (the buyer) give him back? Its value in money; but if the seller wants, he gives him back the land. And why did they say that he could give back its value in money? To strengthen the power of the seller, for if, in a field [containing a kor’s space] there would still have remained to him nine kab’s space, or, in a garden, a half-kab’s space, or according to Rabbi Akiva a quarter-kab’s space, the buyer must give back to him land. And not only must he give back the quarter-kab’s space, but all of the surplus.

[If he said, “I will sell you] a kor’s space of soil as measured by a rope”, and he gave him less, the buyer may reduce the price; and if he gave him more, the buyer must give it back. But if he said, “Whether less or more”, even if he gave the buyer a quarter-kab’s space less in every seah’s space, or a quarter kab’s space more in every seah’s space, it becomes his; if [the error] was more than this, a reckoning must be made. What does he (the buyer) give him back? Its value in money; but if the seller wants, he gives him back the land. And why did they say that he could give back its value in money? To strengthen the power of the seller, for if, in a field [containing a kor’s space] there would still have remained to him nine kab’s space, or, in a garden, a half-kab’s space, or according to Rabbi Akiva a quarter-kab’s space, the buyer must give back to him land. And not only must he give back the quarter-kab’s space, but all of the surplus.

[If he said, “I will sell you] a kor’s space of soil as measured by a rope”, and he gave him less, the buyer may reduce the price; and if he gave him more, the buyer must give it back. But if he said, “Whether less or more”, even if he gave the buyer a quarter-kab’s space less in every seah’s space, or a quarter kab’s space more in every seah’s space, it becomes his; if [the error] was more than this, a reckoning must be made. What does he (the buyer) give him back? Its value in money; but if the seller wants, he gives him back the land. And why did they say that he could give back its value in money? To strengthen the power of the seller, for if, in a field [containing a kor’s space] there would still have remained to him nine kab’s space, or, in a garden, a half-kab’s space, or according to Rabbi Akiva a quarter-kab’s space, the buyer must give back to him land. And not only must he give back the quarter-kab’s space, but all of the surplus.

[If he said], “I will sell you [a piece of land] as measured by the rope, whether it is less or more” the condition “whether it is less or more” makes void the condition “as measured by the rope”. [And if he said], “Be it less or more, as measured by the rope”, the condition “as measured by the rope” makes void the condition “be it less or more”, according to Ben Nanas. [If he said, I will sell you a piece of land] by its marks and its boundaries”, and the difference was less than a sixth, the sale stands. If it was as much a sixth the buyer may reduce the price.

If a man said to his fellow, “I will sell you half of the field”, it must be divided between them into portions of equal value, and the buyer takes half of the field [which the other allots to him]. [If he said, “I will sell you] the southern half”, the field must be divided between them into portions of equal value, and the buyer takes the southern half. He accepts responsibility for [providing the ground] for the dividing wall and the large and small ditches. How large is the large ditch? Six handbreadths. And the small ditch? Three handbreadths.

If a man said to his fellow, “I will sell you half of the field”, it must be divided between them into portions of equal value, and the buyer takes half of the field [which the other allots to him]. [If he said, “I will sell you] the southern half”, the field must be divided between them into portions of equal value, and the buyer takes the southern half. He accepts responsibility for [providing the ground] for the dividing wall and the large and small ditches. How large is the large ditch? Six handbreadths. And the small ditch? Three handbreadths.

If a man writes over his property to his son, he must write, “From today and after my death”, according to Rabbi Judah. Rabbi Yose says, “He need not do so.” If a man writes over his property to his son to be his after his death, the father cannot sell it since it is written over to the son, and the son cannot sell it since it is in the possession of the father. If his father sold the property, it is sold [only] until he dies; if the son sold the property, the buyer has no claim until the father dies. The father harvests the crops and gives them to whomever he wishes, and what he has left harvested belongs to [all] his heirs. If he left elder sons and younger sons, the elder sons may not take care of themselves [from the estate] at the expense of the younger sons, nor may the younger sons claim maintenance at the cost of the elder sons, rather they all share alike. If the elder sons married [at the expense of the estate] so too the younger sons may marry [at the expense of the estate]. If the younger sons said, “We will marry in the way you married”, they do not listen to them, for what their father gave them, he has given.

They may write out a bill of divorce for a man even if his wife is not with him, or a receipt (stating that the husband has paid the ketubah debt) for the wife even if her husband is not with her, provided that he (the scribe) knows them. And the husband pays the (scribe’s) fee. They may write out a document for the debtor even though the creditor is not with him, but they may not write out a document for the creditor unless the debtor is with him. And the debtor pays the (scribe’s) fee. They may write out a deed of sale for the seller although the buyer is not with him, but they may not write it out for the buyer unless the seller is with him. And the buyer pays the (scribe’s) fee.

They may write out a bill of divorce for a man even if his wife is not with him, or a receipt (stating that the husband has paid the ketubah debt) for the wife even if her husband is not with her, provided that he (the scribe) knows them. And the husband pays the (scribe’s) fee. They may write out a document for the debtor even though the creditor is not with him, but they may not write out a document for the creditor unless the debtor is with him. And the debtor pays the (scribe’s) fee. They may write out a deed of sale for the seller although the buyer is not with him, but they may not write it out for the buyer unless the seller is with him. And the buyer pays the (scribe’s) fee.

They may write out a bill of divorce for a man even if his wife is not with him, or a receipt (stating that the husband has paid the ketubah debt) for the wife even if her husband is not with her, provided that he (the scribe) knows them. And the husband pays the (scribe’s) fee. They may write out a document for the debtor even though the creditor is not with him, but they may not write out a document for the creditor unless the debtor is with him. And the debtor pays the (scribe’s) fee. They may write out a deed of sale for the seller although the buyer is not with him, but they may not write it out for the buyer unless the seller is with him. And the buyer pays the (scribe’s) fee.

How much is “many”? Bet Shammai say: [at least] two sheep, as it is said, “A man shall rear a young cow and two sheep (tzon)” (Isaiah 7:21). Bet Hillel say: five, as it is said, “Five dressed sheep (tzon)” (I Samuel 28:18). Rabbi Dosa ben Harkinas says: five sheep, which each produce [a fleece which weighs] a maneh and a half, are subject to the law of the first of the fleece. But the sages say: five sheep, whatever their fleeces weigh. And how much should one give him? The weight of five selas in Judah, which is equal to ten selas in Galilee. Bleached wool and not dirty wool, sufficient to make from it a small garment, for it is written, “Give him,” when there is enough to be considered a gift. If the owner did not manage to give [the fleece to the priest] until he dyed it, he is exempt. If he bleached it but did not dye it, he is still liable. If a man bought the fleeces of a flock belonging to a non-Jew, he is exempt from the law of the first of the fleece. If a man bought the fleeces of a flock belonging to his neighbor: If the seller kept some back, the seller is liable, But if he did not withhold anything, the buyer is liable. If he had two kinds of wool, grey and white, and he sold the grey but not the white, or [if he sold the wool] of the males but not of the females, each must give [the first of the fleece] for himself.

If the [last] day of the twelve months has arrived and it was not redeemed, it becomes his permanent [possession]. This applies whether he bought it or received it as a gift, as it is said: “beyond reclaim” (Leviticus 25:30). In earlier times, he [the buyer] would hide on the last day of the twelve months, so that [the house] might become his permanent [possession]. Hillel enacted that he [the seller] could deposit his money in the chamber and break down the door and enter, and that the other [the buyer], whenever he wanted, might come and take his money.

If the [last] day of the twelve months has arrived and it was not redeemed, it becomes his permanent [possession]. This applies whether he bought it or received it as a gift, as it is said: “beyond reclaim” (Leviticus 25:30). In earlier times, he [the buyer] would hide on the last day of the twelve months, so that [the house] might become his permanent [possession]. Hillel enacted that he [the seller] could deposit his money in the chamber and break down the door and enter, and that the other [the buyer], whenever he wanted, might come and take his money.

A lantern that has a receptacle for oil is susceptible to impurity, but one that has none is not susceptible. A potter's mould on which one begins to shape the clay is not susceptible to impurity, but that on which one finishes it is susceptible. A funnel for home use is not susceptible to impurity, but that of merchants is susceptible because it also serves as a measure, the words of Rabbi Judah ben Batera. Rabbi Akiva says: because he puts it on its side to let the buyer smell it.

It turns out that Rebbi Aqiba is like the stores of Bene Ḥanun as it has been stated: Why were the stores of Bene Hanun destroyed three years before the destruction of the Temple? Because they eliminated produce from the duty of tithes since they were inferring (Deut. 14:22) “You should certainly give tithes,” that excludes the buyer, (Deut. 14:23) “You should eat,” that excludes the vendor.

MISHNAH: A field harvested by Gentiles or robbers, undermined by ants, ruined by a storm or animals, is free. If he harvested half of it and robbers harvested the other half, it is free since the obligation of produce is when it is standing. If robbers cut half of it and he harvested the other half, he must give peah from what he cut. If he harvested half and sold half, the buyer gives peah for everything. If he cut half and dedicated half, he who redeemed it from the treasurer gives peah for everything.

May the seller get the peah which permits the sheaves? Let us hear it from the following (Mishnah 5:4): “ Rebbi Jehudah said: When is this, if he received it for a half, a third, or a quarter.” What is the difference between this and the first case? It must be, “if you cut it, a third will be yours.” Rebbi Abin bar Ḥiyya said, this implies that the seller may get the peah which permits the sheaves. Rebbi Yose said, there the obligation of the field did not come during his ownership, but here the obligation of the field started during his ownership. It is correct that if he cut half of the field and sold what he cut, the buyer is allowed gleanings, forgotten sheaves, and peah. May the buyer get the peah which permits the sheaves of the seller? That is the disagreement of Rebbi and Rebbi Jehudah the Prince.

May the seller get the peah which permits the sheaves? Let us hear it from the following (Mishnah 5:4): “ Rebbi Jehudah said: When is this, if he received it for a half, a third, or a quarter.” What is the difference between this and the first case? It must be, “if you cut it, a third will be yours.” Rebbi Abin bar Ḥiyya said, this implies that the seller may get the peah which permits the sheaves. Rebbi Yose said, there the obligation of the field did not come during his ownership, but here the obligation of the field started during his ownership. It is correct that if he cut half of the field and sold what he cut, the buyer is allowed gleanings, forgotten sheaves, and peah. May the buyer get the peah which permits the sheaves of the seller? That is the disagreement of Rebbi and Rebbi Jehudah the Prince.

HALAKHAH: So far when he started harvesting beforehand; even if he did not start to harvest? Let us understand it from the following (Mishnah Ḥulin 11:2): “If he bought the shearings of another man’s sheep, if the seller retained anything, the seller is liable, otherwise the buyer is liable.” Rebbi Jeremiah in the name of Rebbi Joḥanan: This is Rebbi Jehudah’s. Is there a difference? There, both if he started to shear or if he did not start to shear, and here there will be no difference whether he started harvesting beforehand or did not start beforehand.

What is the reason of Rebbi Jehudah? Because the obligation of the harvest falls on the standing grain? Or because he sold to him, excluding his obligation? Let us understand it from the following: “If he bought the shearings of another man’s sheep, if the seller retained anything, the seller is liable, otherwise the buyer is liable.” Rebbi Jeremiah in the name of Rebbi Joḥanan: This is Rebbi Jehudah’s. Could you say there that the obligation of the harvest falls on the standing grain? No, it is because he sold to him, excluding his obligation! And here also it is because he sold to him, excluding his obligation.

What is the difference between them? If the buyer transgressed and separated peah. If you say, it is because the obligation of the harvest falls on the standing grain, what he gave he gave. But if you say that because he sold to him, excluding his obligation, he gave and may collect money from him. If the part of the seller burned, if it is because the obligation of the harvest falls on the standing grain, if it is burned it is burned. But if you say that because he sold to him, excluding his obligation, if it is burned he may collect money from him.

MISHNAH: If someone sells his field, the seller is permitted but the buyer is barred. Nobody should hire a worker on condition that his son may collect gleanings after him. He who does not let the poor collect gleanings, or who lets one person collect but not the other, or helps one of them, robs the poor. On him it was said (Prov. 22:28, 23:10): “Do not displace an eternal boundary.”

Rebbi Ḥiyya bar Ada asked before Rebbi Mana: From whom did this man buy? If from a Jew it is demay, from a Gentile certain. Explain that if the trader was a Gentile and both Jew and Gentile deliver to him, it is demay. Rav Hoshaia objected, does not the Mishnah support Rebbi Joḥanan? As it was stated: “Rebbi Jehudah said, they only mentioned pomegranates from Badan and grain from Geba because they must be tithed as certain everywhere.” What are we talking about? If he bought from a Jew, can it be pronounced certain? But we must deal with a Gentile. Hence, all other things are tithed as demay. Rebbi Samuel bar Rav Isaac said, we deal with certain produce from a Jew. Explain it that there was a powerful overseer of markets who exerted pressure to sell at low prices, and they permitted him to sell ṭevel and let the buyer beware for himself.

HALAKHAH: There, we have stated: “If one buys from the baker, how does he tithe?” There you say, the buyer separates, and here you say, the baker separates. Rebbi Jonah said, Rebbi Eleazar and Rebbi Joḥanan disagree. One says, here if he works in purity, there if he works in impurity. The other says, here in retail, there in wholesale. We did not know who said what. Since Rebbi Joḥanan said, because of purity, it follows that Rebbi Eleazar is the one who said, here in retail, there in wholesale. It is difficult for Rebbi Joḥanan, if he works in purity, let him separate everything. It would be logical that he should not give anything because one does not deliver certain grain to the am haäreẓ. It is difficult for Rebbi Eleazar, if it is in retail, let him separate everything. Grocers are not permitted to sell demay!

The colleagues in the name of Rebbi Joḥanan: Because of the children lest they should eat ṭevel. Rebbi La in the name of Rebbi Joḥanan, in retail, because the seller takes the large margin, the seller separates. In wholesale, because the buyer will take the large margin, the buyer separates. One statement supports one and another statement supports the other. A statement supports the colleagues: “Rebbi Neḥemiah said, that which is connected to a retail outlet is like retail, connected to a wholesale outlet it is wholesale.” A statement supports Rebbi La. It was stated: “Rebbi Ismael ben Rebbi Joḥanan ben Beroqa said, if he measured with a retail measure, he is obligated. Even if he did measure only one seah and a quarter qab, he must tithe the quarter qab.” Rebbi Zeïra said, computation of gain is between them. If he measured for him the seah at the rate of quarter qabs, since the seller takes the large margin, the seller separates. If he measures the quarter qab at the rate of seahs, since the buyer will take the large margin, the buyer separates.

The colleagues in the name of Rebbi Joḥanan: Because of the children lest they should eat ṭevel. Rebbi La in the name of Rebbi Joḥanan, in retail, because the seller takes the large margin, the seller separates. In wholesale, because the buyer will take the large margin, the buyer separates. One statement supports one and another statement supports the other. A statement supports the colleagues: “Rebbi Neḥemiah said, that which is connected to a retail outlet is like retail, connected to a wholesale outlet it is wholesale.” A statement supports Rebbi La. It was stated: “Rebbi Ismael ben Rebbi Joḥanan ben Beroqa said, if he measured with a retail measure, he is obligated. Even if he did measure only one seah and a quarter qab, he must tithe the quarter qab.” Rebbi Zeïra said, computation of gain is between them. If he measured for him the seah at the rate of quarter qabs, since the seller takes the large margin, the seller separates. If he measures the quarter qab at the rate of seahs, since the buyer will take the large margin, the buyer separates.

The colleagues in the name of Rebbi Joḥanan: Because of the children lest they should eat ṭevel. Rebbi La in the name of Rebbi Joḥanan, in retail, because the seller takes the large margin, the seller separates. In wholesale, because the buyer will take the large margin, the buyer separates. One statement supports one and another statement supports the other. A statement supports the colleagues: “Rebbi Neḥemiah said, that which is connected to a retail outlet is like retail, connected to a wholesale outlet it is wholesale.” A statement supports Rebbi La. It was stated: “Rebbi Ismael ben Rebbi Joḥanan ben Beroqa said, if he measured with a retail measure, he is obligated. Even if he did measure only one seah and a quarter qab, he must tithe the quarter qab.” Rebbi Zeïra said, computation of gain is between them. If he measured for him the seah at the rate of quarter qabs, since the seller takes the large margin, the seller separates. If he measures the quarter qab at the rate of seahs, since the buyer will take the large margin, the buyer separates.

The colleagues in the name of Rebbi Joḥanan: Because of the children lest they should eat ṭevel. Rebbi La in the name of Rebbi Joḥanan, in retail, because the seller takes the large margin, the seller separates. In wholesale, because the buyer will take the large margin, the buyer separates. One statement supports one and another statement supports the other. A statement supports the colleagues: “Rebbi Neḥemiah said, that which is connected to a retail outlet is like retail, connected to a wholesale outlet it is wholesale.” A statement supports Rebbi La. It was stated: “Rebbi Ismael ben Rebbi Joḥanan ben Beroqa said, if he measured with a retail measure, he is obligated. Even if he did measure only one seah and a quarter qab, he must tithe the quarter qab.” Rebbi Zeïra said, computation of gain is between them. If he measured for him the seah at the rate of quarter qabs, since the seller takes the large margin, the seller separates. If he measures the quarter qab at the rate of seahs, since the buyer will take the large margin, the buyer separates.

Rebbi Joḥanan in the name of Rebbi Simeon ben Yoẓadaq: It is a condition imposed by the Court that the heave of the tithe is on the seller and Second Tithe on the buyer. Where do we stand? If in retail, because the seller takes the large margin, the seller separates. If in wholesale, because the buyer will take the large margin, the buyer separates. Rebbi Abun bar Ḥiyya said, explain it if he says it is of his own harvest. Rebbi Yose said, even if you say it is not his own harvest, if he says in my opinion it was brought in order, even so they tell him that it is a condition imposed by the Court that the heave of the tithe be on the seller and Second Tithe on the buyer.

Rebbi Joḥanan in the name of Rebbi Simeon ben Yoẓadaq: It is a condition imposed by the Court that the heave of the tithe is on the seller and Second Tithe on the buyer. Where do we stand? If in retail, because the seller takes the large margin, the seller separates. If in wholesale, because the buyer will take the large margin, the buyer separates. Rebbi Abun bar Ḥiyya said, explain it if he says it is of his own harvest. Rebbi Yose said, even if you say it is not his own harvest, if he says in my opinion it was brought in order, even so they tell him that it is a condition imposed by the Court that the heave of the tithe be on the seller and Second Tithe on the buyer.

Rebbi Joḥanan in the name of Rebbi Simeon ben Yoẓadaq: It is a condition imposed by the Court that the heave of the tithe is on the seller and Second Tithe on the buyer. Where do we stand? If in retail, because the seller takes the large margin, the seller separates. If in wholesale, because the buyer will take the large margin, the buyer separates. Rebbi Abun bar Ḥiyya said, explain it if he says it is of his own harvest. Rebbi Yose said, even if you say it is not his own harvest, if he says in my opinion it was brought in order, even so they tell him that it is a condition imposed by the Court that the heave of the tithe be on the seller and Second Tithe on the buyer.

Rebbi Joḥanan in the name of Rebbi Simeon ben Yoẓadaq: It is a condition imposed by the Court that the heave of the tithe is on the seller and Second Tithe on the buyer. Where do we stand? If in retail, because the seller takes the large margin, the seller separates. If in wholesale, because the buyer will take the large margin, the buyer separates. Rebbi Abun bar Ḥiyya said, explain it if he says it is of his own harvest. Rebbi Yose said, even if you say it is not his own harvest, if he says in my opinion it was brought in order, even so they tell him that it is a condition imposed by the Court that the heave of the tithe be on the seller and Second Tithe on the buyer.

Rebbi Eleazar in the name of Rebbi Hoshaiah: It is a condition imposed by the Court that the fat be on the butcher and the sciatic tendon on the buyer. Rebbi Abbahu made it common usage in Caesarea that both should be on the buyer, so that they would amply take out.

Rebbi Eleazar in the name of Rebbi Hoshaiah: It is a condition imposed by the Court that the fat be on the butcher and the sciatic tendon on the buyer. Rebbi Abbahu made it common usage in Caesarea that both should be on the buyer, so that they would amply take out.

But does it not turn out that he creates an obstacle for those who come after him? Let him make a separate heap. But why can he not fix them in his own produce? Did we not state: “A person may fix his tithes for someone else, even if he creates an obstacle for those who come after him.” Rebbi Ḥinena said, they made that ordinance for the buyer but not for him who returns [produce].

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?

“ That all tithes should be mine as long as you own it, he gets its tithes as long as the buyer owns it.” When he sold it to a third party, he has no tithes. If the buyer then bought it back from the third party, Rebbi Ḥiyya states that he has no tithes, Rebbi Hoshaia states that the tithes are his. This disagreement turns out like the other disagreement, as we have stated there “that he who divorces his wife and then remarries her, remarries her on the basis of the first ketubah.” Rebbi Ḥanin stated before Rebbi La: Two Amoraïm, one says for ketubah but not for individual stipulations, and the other says, both for ketubah and individual stipulations. For him who says, for ketubah but not for individual stipulations, he has the tithes. For him who says, both for ketubah and for individual stipulations, he has no tithes. But did we not state: “If somebody received (as sharecropper) from the daughter of a Cohen, she has the tithes. If she married an Israel, they split the tithes. If she was widowed or divorced, she returns to her prior status.” There when he sold, here when he received. But did not Rebbi Ḥiyya state: “When she sold?” Rebbi Samuel bar Eudaimon said, there it left the power of both parties; here, it left the power of the seller but not that of the buyer.

“ That all tithes should be mine as long as you own it, he gets its tithes as long as the buyer owns it.” When he sold it to a third party, he has no tithes. If the buyer then bought it back from the third party, Rebbi Ḥiyya states that he has no tithes, Rebbi Hoshaia states that the tithes are his. This disagreement turns out like the other disagreement, as we have stated there “that he who divorces his wife and then remarries her, remarries her on the basis of the first ketubah.” Rebbi Ḥanin stated before Rebbi La: Two Amoraïm, one says for ketubah but not for individual stipulations, and the other says, both for ketubah and individual stipulations. For him who says, for ketubah but not for individual stipulations, he has the tithes. For him who says, both for ketubah and for individual stipulations, he has no tithes. But did we not state: “If somebody received (as sharecropper) from the daughter of a Cohen, she has the tithes. If she married an Israel, they split the tithes. If she was widowed or divorced, she returns to her prior status.” There when he sold, here when he received. But did not Rebbi Ḥiyya state: “When she sold?” Rebbi Samuel bar Eudaimon said, there it left the power of both parties; here, it left the power of the seller but not that of the buyer.

“ That all tithes should be mine as long as you own it, he gets its tithes as long as the buyer owns it.” When he sold it to a third party, he has no tithes. If the buyer then bought it back from the third party, Rebbi Ḥiyya states that he has no tithes, Rebbi Hoshaia states that the tithes are his. This disagreement turns out like the other disagreement, as we have stated there “that he who divorces his wife and then remarries her, remarries her on the basis of the first ketubah.” Rebbi Ḥanin stated before Rebbi La: Two Amoraïm, one says for ketubah but not for individual stipulations, and the other says, both for ketubah and individual stipulations. For him who says, for ketubah but not for individual stipulations, he has the tithes. For him who says, both for ketubah and for individual stipulations, he has no tithes. But did we not state: “If somebody received (as sharecropper) from the daughter of a Cohen, she has the tithes. If she married an Israel, they split the tithes. If she was widowed or divorced, she returns to her prior status.” There when he sold, here when he received. But did not Rebbi Ḥiyya state: “When she sold?” Rebbi Samuel bar Eudaimon said, there it left the power of both parties; here, it left the power of the seller but not that of the buyer.

“A Cohen who sold a field to an Israel on condition that the tithes be his for four or five years can oppose the buyer’s planting it as a vineyard, sowing woad, or turning it into a field of reeds. Mine forever, he cannot oppose the buyer’s planting it as a vineyard, sowing woad, or turning it into a field of reeds.” There came a case before Rebbi Aḥa bar Ulla and he obligated him to turn over to him one tenth of the reeds.

“A Cohen who sold a field to an Israel on condition that the tithes be his for four or five years can oppose the buyer’s planting it as a vineyard, sowing woad, or turning it into a field of reeds. Mine forever, he cannot oppose the buyer’s planting it as a vineyard, sowing woad, or turning it into a field of reeds.” There came a case before Rebbi Aḥa bar Ulla and he obligated him to turn over to him one tenth of the reeds.

HALAKHAH: Rebbi Joḥanan said, the reason of the House of Hillel is that people eat from their olives while they are being loaded into the oil vat, as a subterfuge. The House of Hillel follow their own opinion, as we have stated: “One should not sell him a ploughing cow in the Sabbatical year, but the House of Hillel permit this because he may slaughter it.” Do people really slaughter their cattle? As a subterfuge. They agree that one may sell ears of grain for dough even though one knows that the buyer will not prepare the dough in purity.

Our Mishnah follows Rebbi Yose, as we have stated: “He who buys anonymously has to tithe.” What are we talking about? If he said to him, go and buy for me, he is his agent; go and buy for yourself, they are his property. But in our case nothing was spelled out. Rebbi Jehudah says that the seller wants the person who buys to get the property rights, Rebbi Yose says that the seller wants the owner of the money to get the property rights. Therefore, if he added a piece, Rebbi Jehudah says, it belongs to the buyer, Rebbi Yose says, it belongs to both of them. The argument of Rebbi Yose seems to be inverted. There he says that the seller wants the owner of the money to get the property rights, and here you say so? Here the transaction is through the money of one and the feet of the other, therefore they split.

If one sold wheat as [standard] good quality and it turned out to be sifted, may he take out the value of that quarter? The words of the rabbis say that he cannot take out the value of that quarter, for Rebbi Jacob bar Aḥa, Abba bar Ḥiyya said in the name of Rav: He who takes out impurities from his neighbor’s grain has to give him good grain in their stead. If he removed one and one half quarters, may he take out the value of that quarter? Rebbi Ḥinena and Rebbi Mana. Rebbi Ḥinena said, he takes it out. Rebbi Mana said, he does not take it out, because he can say to him, if you had returned it to me, I would have bundled it for the Saracens who would have bought it; what that buyer sees is what he buys.

If somebody improved [his field] and died, may his son sow? Rebbi Jacob bar Aḥa, Rebbi Immi in the name of Rebbi Yose ben Rebbi Ḥanina: If somebody improved [his field] and died, his son may sow; if he improved [his field] and sold it, it is forbidden to be sown. If [the buyer] transgressed and sowed, it is permitted since they did decide only on a fence that one may live with.

We understand “one puts on it all restrictions regarding humans and animals” that it is forbidden to boil them to a pulp. We have stated: If the seller sells as food and the buyer buys as wood, the latter is not determining. If the seller sells as food and the buyer buys as food and then thinks of them as wood, the latter is not determining. If the seller sells as wood and the buyer buys as food and then thinks of them as wood? Where do we hold? If he gave him the money and afterwards took it up, he paid for wood. If he took it up and afterwards gave him the money, he paid for food. We must hold that he gave him the money and afterwards took it up; this is the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish. According to Rebbi Joḥanan, who said that [transfer of] money does not mean acquisition by Torah law, he paid for food. According to Rebbi Simeon ben Laqish who said that [transfer of] money does mean acquisition by Torah law, he paid for wood.

We understand “one puts on it all restrictions regarding humans and animals” that it is forbidden to boil them to a pulp. We have stated: If the seller sells as food and the buyer buys as wood, the latter is not determining. If the seller sells as food and the buyer buys as food and then thinks of them as wood, the latter is not determining. If the seller sells as wood and the buyer buys as food and then thinks of them as wood? Where do we hold? If he gave him the money and afterwards took it up, he paid for wood. If he took it up and afterwards gave him the money, he paid for food. We must hold that he gave him the money and afterwards took it up; this is the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish. According to Rebbi Joḥanan, who said that [transfer of] money does not mean acquisition by Torah law, he paid for food. According to Rebbi Simeon ben Laqish who said that [transfer of] money does mean acquisition by Torah law, he paid for wood.

We understand “one puts on it all restrictions regarding humans and animals” that it is forbidden to boil them to a pulp. We have stated: If the seller sells as food and the buyer buys as wood, the latter is not determining. If the seller sells as food and the buyer buys as food and then thinks of them as wood, the latter is not determining. If the seller sells as wood and the buyer buys as food and then thinks of them as wood? Where do we hold? If he gave him the money and afterwards took it up, he paid for wood. If he took it up and afterwards gave him the money, he paid for food. We must hold that he gave him the money and afterwards took it up; this is the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish. According to Rebbi Joḥanan, who said that [transfer of] money does not mean acquisition by Torah law, he paid for food. According to Rebbi Simeon ben Laqish who said that [transfer of] money does mean acquisition by Torah law, he paid for wood.

If each one keeps to his word, it should be treated as follows: “If the seller sues the buyer one follows the buyer, if the buyer sues the seller, one follows the seller.” And here [one follows] the same [rule].

If each one keeps to his word, it should be treated as follows: “If the seller sues the buyer one follows the buyer, if the buyer sues the seller, one follows the seller.” And here [one follows] the same [rule].

If each one keeps to his word, it should be treated as follows: “If the seller sues the buyer one follows the buyer, if the buyer sues the seller, one follows the seller.” And here [one follows] the same [rule].

It was stated: “If somebody mortgages a field to a woman for her ketubah or a creditor for his claim and then sells it, that is sold and the buyer should beware for himself” This baraita if he said to her: you should be paid from this. They disagree if he says, you should only be paid from this.

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.

There, we have stated: “If he turned it and it accumulated, that belongs to the seller.” Rebbi Joḥanan said, there is no “belongs to the seller” but “belongs to the buyer”, as you say here. Rebbi Isaac bar Eleazar said, it is because of abandonment. Is it the same for consecrated food? Rebbi Abbahu came in the name of Rebbi Joḥanan: It is the same for consecrated food.

Rebbi Abin said, only if the roof is at least four [cubits] square. Just as a house does not induce ṭevel unless it is at least four [cubits] square, so the roof does not exempt unless it is at least four [cubits] square, as it is stated: A house less than four [cubits] square is free from the obligations of mezuzah and the parapet, from the obligation of eruv, does not induce ṭevel, is not counted as a connection to a town; he who makes a vow not to be in a house may sit there; one does not give it four cubits before its entrance door; it does not remain with the buyer in the Jubilee; it cannot become impure by scale disease, and its owner does not return from the army because of it.

HALAKHAH: It was stated: “Ben Bag Bag says (Deut. 14:26): ‘You shall spend the money for anything you desire.’ It was stated: A person may buy a cow because of its hide, a sheep because of its fleece, and wine because of its pitcher.” Rebbi Zeïra said, that is, if the seller was a private person. But if the seller was a professional it is as if he sold this separately and that separately. Rebbi Zeïra said, the Mishnah said this: “In a place where wine jugs usually are sold sealed, the pitcher becomes profane.” Rebbi Mana said, from this [you conclude that] just as you say there, if the seller was a professional it is as if he sold this separately and that separately, so if the buyer was a professional it is as if he bought this separately and that separately.

Rebbi Ḥiyya bar Ada inquired before Rebbi Mana: If it became impure by derivative impurity and he redeemed it, then it became impure in original impurity; do we say that if the original money is still there he redeems with it, otherwise he cannot redeem with it, and one is whipped neither for the first nor the second monies? Rebbi Jonah asked, is it the same for him who buys? Rebbi Mana said, the enclosure “grabs” and the buyer “grabs”. What was said for the enclosure was said for the buyer.

Rebbi Ḥiyya bar Ada inquired before Rebbi Mana: If it became impure by derivative impurity and he redeemed it, then it became impure in original impurity; do we say that if the original money is still there he redeems with it, otherwise he cannot redeem with it, and one is whipped neither for the first nor the second monies? Rebbi Jonah asked, is it the same for him who buys? Rebbi Mana said, the enclosure “grabs” and the buyer “grabs”. What was said for the enclosure was said for the buyer.

Rebbi Abun bar Cahana asked before Rebbi Hila: If somebody sold him a field with its standing crop, may the buyer bring First Fruits? He said to him, why not? That is, when it is moist; even when it is dry? He said to him, even dry, even harvested. Then even wheat grain; do we say that the buyer on the market brings First Fruits?

Rebbi Abun bar Cahana asked before Rebbi Hila: If somebody sold him a field with its standing crop, may the buyer bring First Fruits? He said to him, why not? That is, when it is moist; even when it is dry? He said to him, even dry, even harvested. Then even wheat grain; do we say that the buyer on the market brings First Fruits?

The following is obvious: If somebody sold the harvest and retained the land for himself, the seller cannot bring since he has no harvest. If he bought it back? Let us hear from the following: “If he gave her dedicated things they are permitted; wines, oils, flour, or anything of a kind admissible near the altar, are prohibited. The latter adds only bundles of vines and rings made of grain stalks.” Where do we hold? If he gave her as whore’s wages, do we say that the buyer on the market brings First Fruits? But we must hold in case the vines were hers, she sold him the fruits, and he gave them back to her as whore’s wages. Because they are whore’s wages. Therefore, if they were not whore’s wages she might bring. That means, if he bought back he may bring.

HALAKHAH: “One who stores as seeds,” etc. Rebbi Jeremiah said, Rebbi Yose ben Rebbi Ḥanina asked, is the Mishnah Rebbi Jehudah’s? For Rebbi Jehudah said, a craftsman in the ways of his craft is liable. Rebbi Judah bar Pazi came in the name of Rebbi Yose ben Rebbi Ḥanina: It is Rebbi Jehudah’s. Rebbi Yose ben Rebbi Ḥanina said, this comes only for the sample, because the buyer already was satisfied. But as to seeds and medicines even for the most minute amount he is liable. If one stored it and another took it out, he is not liable; Rebbi Simeon ben Eleazar declares him liable. Where do we hold? If he took it out on the second’s initiative, everybody agrees that he is not liable; if he took it out on the first’s initiative, everybody agrees that he is liable. But we must hold when it was not explained. The rabbis say, it is a common presumption that he took it out on the second’s initiative; Rebbi Simeon ben Eleazar says that it is a common presumption that he took it out on the first’s initiative.

It was stated similarly: The Land of Israel was distributed by two urns, one containing the lots, the other containing the names of the tribes. Two young priests were standing, what each of them brought up he won. By three ways the Land of Israel was divided up, by lots, and Urim and Tummim, and by payments. That is what is written Joshua threw them lots before the Eternal at Mispeh. Lots, these are the lots. Before the Eternal, these are the Urim and Tummim. Between large and small, these are payments. Rebbi Abin said, unless the Holy One, praise to Him, made every place nice in the eyes of its inhabitants, the Land of Israel would never have been distributed. It was stated thus: There are three graces. The grace of a woman in her husband’s eyes. The grace of a place in the eyes of its inhabitants. The grace of a buy in the eyes of its buyer. Rebbi Abba the son of Rebbi Pappaeus, Rebbi Joshua of Sikhnin in the name of Levi: Even in the future the Holy one, praise to Him, will do the same. That is what is written, I shall give you a new heart, etc., and shall give you a heart of flesh, etc. He makes sour the part of others.

“A person who pays the sheqel for a poor person,” etc. Rebbi Eleazar said, only if they counted lambs against rams and rams against lambs, but if they counted lambs against lambs and rams against rams, it was his part from the first hour. Rebbi Joḥanan said, even if they counted lambs against lambs and rams against rams, they are like buyers, as we have stated there: “The buyer or recipient of a gift is not liable for animal tithe. Rebbi Ḥizkiah said that Rebbi Jeremiah asked: And why are we not saying that sometimes they are liable for both and sometimes they are not liable for either. How is this done? If they distributed the properties and afterwards distributed the animals they are liable for both. If they distributed the animals and afterwards distributed the properties they are not liable for either. Rebbi Mana said, this holds only if the animals were not a majority, but if the animals were a majority they form the main property. Rebbi Abun said that Rebbi Shammai asked: Because you made them like one person for animal tithe, you made them not liable for agios? He said to him, no. There is a difference because he is giving a complete tetradrachma. Then even if they distributed and then formed a partnership, they should be liable for animal tithe and not liable for the agio. But we have stated, “they are liable for the agio, not liable for animal tithe.” Rebbi Abba in the name of Abba bar Rav Huna it is the same for two brothers inheriting from their father or two brothers-in-law inheriting from their father-in-law.

MISHNAH: One may sell a synagogue only on the condition that they could take it back any time they so desire, the words of Rebbi Meïr. But the Sages are saying that one may sell it permanently except for four things, a bath house, a tannery, a ritual bath, and a urinal. Rebbi Jehudah says, one sells it as a courtyard and the buyer may use it as he pleases. In addition, Rebbi Jehudah said, in a destroyed synagogue one does not eulogize, nor twine ropes, nor set in it traps, nor on its roof lay out produce, nor use it as a short-cut, for it is said, I shall lay waste your holy places, they are in their holiness even if laid waste. If grasses are growing there one shall not tear them out because of the bad feeling.