buyer

Rebbi Jacob bar Aḥa said, there is disagreement about mortmain slaves. Rebbi Joḥanan said, if he sold them, they are not sold. Rebbi Eleazar said to him, they are eating heave by his power and you say so? He answered, do not paraphernalia slaves also eat by his power, and one says that if he sold them, they are not sold. From your own they gave to you. It would be logical that one should not eat heave. But they said that he eats, and they said, if he sold them, they are not sold. Rebbi Jacob bar Aḥa in the name of Rebbi Josiah. A baraita supports one and another baraita supports the other. A baraita supports Rebbi Eleazar: Paraphernalia slaves are freed on account of “tooth and eye” from the wife but not the husband. Mortmain slaves are freed by “tooth and eye” from the husband but not the wife. What does Rebbi Joḥanan do with this? They are quick to manumit, as we have stated: If somebody mortgages a slave and later sold him, he is not sold; if he freed him, he is freed. A baraita supports Rebbi Joḥanan: Neither mortmain slaves nor paraphernalia slaves are under the rules of “one or two days” and are freed by “tooth or eye” from neither the husband nor the wife. Where do they disagree? When he sold them forever or sold them for some time? If you say that he sold them permanently rather than temporarily, does everybody agree that they are sold? If you say that he sold them temporarily rather than permanently, does everybody agree that they are not sold? Let us hear from the following: If somebody mortgages his field to his wife for her ketubah or to a creditor for his claim and then sells it, it is sold and the buyer should beware for himself. Rabban Simeon ben Gamliel says, for the ketubah of the wife it is not sold since it is unthinkable that a woman should run around at courts of law. They said, Rebbi Eleazar parallels the rabbis, Rebbi Joḥanan Rabban Simeon ben Gamliel. That means, we deal with a temporary sale. But if he sold permanently, everybody agrees that they are not sold.

HALAKHAH: “Who built a house”, not only who built; if he bought, inherited, or it was given to him as a gift, from where? The verse says, “the man,” “who is the man”. From where he who builds a barn, a cow-shed, a wood-shed, a storage facility, from where? The verse says, “who builds”. I could think that one who builds a portico, a covered walkway, and a verandah would return; the verse says “house”; the house is distinguished by the fact that it can be used as a dwelling. This excludes those items which cannot be dwellings. It also excludes a house which does not enclose four by four cubits. As it was stated: A house which does not enclose four by four cubits is free from the obligation of a parapet, or a mezuzah, or an erub. It also does not induce ṭevel for tithes and one does not give it four cubits in front of its door, and it is not counted as a connection to the town, and one who forswears any use of a house is permitted to sit in it, and it does not remain with the buyer in the Jubilee year, and it cannot become impure by disease, and its owner does not become exempt from the war because of it.

HALAKHAH: “If somebody writes to his wife: “I shall have nothing to do with your properties,” etc. Rebbi Joḥanan in the name of Rebbi Yannai: If he did not take her in. But if he took her in, nobody can lose his rights by these expressions. Rebbi Yose ben Rebbi Abun said, this is the word of Rebbi Ḥiyya: He who says that “my hands are removed from this field, my feet are removed from this field,” did not say anything. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: Does a Mishnah imply that nobody can lose his rights by these expressions? Did we not state there: “If somebody was married to two wives when he sold a field and the first one wrote for the buyer: I have no claims on you, the second one can take it away from the buyer’s hands,” this implies, not the first one. He said to him, that text itself implies that nobody can lose his rights by these expressions, but here the second wife cannot take anything away from the first, and why can the first one not take it away from the buyer’s hands? For she writes to him: For any complaint I shall have regarding this field, I shall have nothing against you.

HALAKHAH: “If somebody writes to his wife: “I shall have nothing to do with your properties,” etc. Rebbi Joḥanan in the name of Rebbi Yannai: If he did not take her in. But if he took her in, nobody can lose his rights by these expressions. Rebbi Yose ben Rebbi Abun said, this is the word of Rebbi Ḥiyya: He who says that “my hands are removed from this field, my feet are removed from this field,” did not say anything. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: Does a Mishnah imply that nobody can lose his rights by these expressions? Did we not state there: “If somebody was married to two wives when he sold a field and the first one wrote for the buyer: I have no claims on you, the second one can take it away from the buyer’s hands,” this implies, not the first one. He said to him, that text itself implies that nobody can lose his rights by these expressions, but here the second wife cannot take anything away from the first, and why can the first one not take it away from the buyer’s hands? For she writes to him: For any complaint I shall have regarding this field, I shall have nothing against you.

HALAKHAH: “If somebody writes to his wife: “I shall have nothing to do with your properties,” etc. Rebbi Joḥanan in the name of Rebbi Yannai: If he did not take her in. But if he took her in, nobody can lose his rights by these expressions. Rebbi Yose ben Rebbi Abun said, this is the word of Rebbi Ḥiyya: He who says that “my hands are removed from this field, my feet are removed from this field,” did not say anything. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: Does a Mishnah imply that nobody can lose his rights by these expressions? Did we not state there: “If somebody was married to two wives when he sold a field and the first one wrote for the buyer: I have no claims on you, the second one can take it away from the buyer’s hands,” this implies, not the first one. He said to him, that text itself implies that nobody can lose his rights by these expressions, but here the second wife cannot take anything away from the first, and why can the first one not take it away from the buyer’s hands? For she writes to him: For any complaint I shall have regarding this field, I shall have nothing against you.

Rav Jeremiah in the name of Rav: Practice follows Rabban Simeon ben Gamliel, but not in the matter of words. Practice follows Rabban Simeon ben Gamliel for he said, if she dies he inherits from her, but in matters of words, “since he made a condition contradicting what is written in the Torah, and anybody’s condition contradicting what is written in the Torah is invalid,” in personal matters. But in money matters, one’s stipulations are valid and that is a money matter! Why did we say that the condition is invalid? Because in the end he acquired it. Rebbi Immi in the name of Rebbi Joḥanan: The law should have been that if she sold or gave it away it should be valid, for [the buyer] acquired it. Why did they say it is invalid? That a wife should not sell her husband’s property and say, it is mine.

MISHNAH: If somebody was married to two wives when he sold his field and the first wife wrote to the buyers “I have no claims against you”, the second takes from the buyer, the first from the second, and the buyer from the first; they go on in circles until they compromise between them. The same holds for a creditor and a woman who is a creditor.

MISHNAH: If somebody was married to two wives when he sold his field and the first wife wrote to the buyers “I have no claims against you”, the second takes from the buyer, the first from the second, and the buyer from the first; they go on in circles until they compromise between them. The same holds for a creditor and a woman who is a creditor.

MISHNAH: If somebody writes formulaic texts of bills of divorce he has to leave space for the man, the woman, and the time. For bonds, he has to leave space for the lender, the borrower, the sum, and the time. For commercial deeds, he has to leave space for the buyer, the seller, the sum, the field, and the time, because of good order. Rebbi Jehudah invalidates all of these. Rebbi Eleazar validates all of them except women’s bills of divorce, for it is said: “He shall write for her”, in her name.

MISHNAH: If somebody sells himself and his children to Gentiles, one does not buy him back, but one buys his children back after their father’s death. If somebody sold his field to a Gentile and then a Jew bought it back from him, the buyer brings first fruits because of the public good.

Rebbi Ze‘ira said before Rebbi Abbahu in the name of Rebbi Eleazar: Even though Rebbi Meїr said that a Gentile may not acquire real estate in the Land of Israel to remove it from tithes, he agrees that he has property rights. What are property rights? Rebbi Abba said, the usufruct; as we have stated: “the buyer brings First Fruits because of the public good,” otherwise he could have brought First Fruits by the word of the Torah.

(The deaf-mute communicates by sign language.) They say, we had the means to buy; the buyer says, no. Rebbi Yose says, the field is always in the possession of the current owner since the burden of proof is on the claimant.

As the following: Ganiba was lead out to be executed. He said, One should give money to Rebbi Abuna from the wine of Kefar Panaya. They did not give him; they were considering what Rav said, “an heir is like the buyer of encumbered property.” Just as a loan before witnesses cannot be collected from encumbered property, so it cannot be collected from heirs. If they did not give it as payment of a debt, they should have given as a gift! They were considering what Rebbi Eleazar said, for Rebbi Eleazar asked: Does his gift follow the rules of the gift of a sick person? Rebbi Ze‘ira brought Rebbi Isaac from Atosha who stated for him: A gift is like a bill of divorce. Rebbi Abba said to him, perhaps like bills of divorce which one cannot deliver if not delivered during his lifetime, so a gift is not called a gift if not delivered during his lifetime? He said to him, here comes the rabbi with sophistication to let Rebbi Abuna lose money! You cannot, for we have stated there: “Give a mina to X; then he died. One shall give after death.” Following Rebbi Simeon. For Rebbi Joḥanan disagrees, they should give him, as Rebbi Abbahu said in the name of Rebbi Joḥanan: A loan before witnesses can be collected from the heirs on condition that they inherited real estate. Rebbi Yose said, that is, if somebody was with him until the moment of his death. But if he goes in and out, I am saying that already he gave him. The word of Rebbi Ḥanina implies that it was not given since Rebbi Ḥanina reported this fact: Levi Parisa was going from place to place when Ganiba’s relatives came to eat with him. He said, the money should be given to Rebbi Abuna; they started quarelling with him.

Rebbi Jeremiah asked: If he threw it to her in a courtyard which belongs to neither of them, what is the rule? Rebbi Aḥa in the name of Rebbi Ḥanina: That is a problem for the rabbis. Rebbi Abin said, it is a disagreement between Rav and the Elder Rebbi Ḥiyya, for Rebbi Samuel, Rebbi Ze‘ira, Rav Ḥiyya bar Ashi said in the name of Rav: Drawing close does not acquire in a courtyard which belongs to neither of them. But Rebbi Ḥiyya stated in disagreement: “Under which circumstances did they say that movables are acquired by drawing close? In the public domain or in a courtyard which belongs to neither of them. But in the buyer’s domain he acquired the moment he accepted it. In the seller’s domain he does not acquire unless either he lifts it up or moves it out of its prior owner’s domain. In a domain where it was deposited he does not acquire unless he either is explicitly empowered or he leases its place.”

Rebbi Simeon ben Laqish in the name of Rebbi Yannai: If somebody sold a flock to another person, when [the seller] delivered the maškokît, [the buyer] took possession. What is maškokît? Some say, the shepherd’s staff. But some say, a whistle. And some say, the bell-wether.

Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: If somebody sell a cistern, when he handed over its pail [the buyer] took possession. Rebbi Immi in the name of Rebbi Joḥanan: If somebody sell a house, when [the buyer] stored there, he took possession. Rebbi Jehudah ben Pazi asked, what if he handed over the key? Rebbi Zachariah, son-in-law of Rebbi Levi, said: This is a disagreement between Rebbi Simeon and the Sages, as we have stated there: “If somebody hand over the key to his house to an ‘am ha’areṣ, the house is pure since he handed to him only the guarding of the key.” It was stated: “Rebbi Simeon declares impure.”

Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: If somebody sell a cistern, when he handed over its pail [the buyer] took possession. Rebbi Immi in the name of Rebbi Joḥanan: If somebody sell a house, when [the buyer] stored there, he took possession. Rebbi Jehudah ben Pazi asked, what if he handed over the key? Rebbi Zachariah, son-in-law of Rebbi Levi, said: This is a disagreement between Rebbi Simeon and the Sages, as we have stated there: “If somebody hand over the key to his house to an ‘am ha’areṣ, the house is pure since he handed to him only the guarding of the key.” It was stated: “Rebbi Simeon declares impure.”

Rebbi Samuel, Rebbi Ze‘ira, Rebbi Ḥiyya bar Ashi said in the name of Rav: Drawing close does not acquire in a courtyard which belongs to neither of them. But Rebbi Ḥiyya stated in disagreement: “Under which circumstances did they say that movables are acquired by drawing close? In the public domain or in a courtyard which belongs to neither of them. But in the buyer’s domain he acquired the moment he accepted it. In the seller’s domain he does not acquire unless either he lifts it up or moves it out of its prior owner’s domain. In a domain where it was deposited he does not acquire unless he either is explicitly empowered or he leases its place.”

HALAKHAH: “If anything is given instead of money,” etc. There, we have stated: “This is the principle: All movables acquire one another.” Rebbi Abba, Rav Ḥuna in the name of Rav: Even heaps among heaps. Rebbi Eleazar said to him, we have stated only: “If anything is given instead of money,” anything that needs estimation. It turns out that Rebbi Abba follows Rebbi Joḥanan and Rebbi Eleazar his own opinion, as we have stated there: “Brothers having common property who are obligated for agio are free from animal tithe, but if they are obligated for animal tithe they are free from agio.” Rebbi Eleazar said, only if they exchanged kid goats against rams and rams against kid goats. But if they exchanged kid goats against kid goats and rams against rams, that was [the recipient’s] part from the first moment. Rebbi Joḥanan said, even if they exchanged kid goats against kid goats and rams against rams, they are buyers. But we have stated there: “The buyer and the recipient of a gift are free from animal tithe. Brothers having common property who are obligated for agio are free from animal tithe.” When they split and then joined again. “But if they are obligated for animal tithe they are free from agio.” If they never split.

HALAKHAH: “If somebody preliminarily marries two women with the value of a peruṭah,” etc. It was stated: “In all these cases, if they had intercourse they acquired. Rebbi Simeon [ben] Jehudah says in the name of Rebbi Simeon: In all these cases, if they had intercourse they did acquire since his intercourse was predicated on the preceding preliminary marriage.” What did they acquire? Rebbi Ḥiyya in the name of Rebbi Joḥanan: They acquired for restrictions. Rebbi Ḥiyya in the name of Rebbi Joḥanan: With any condition which refers to a preceding action, she is preliminarily married for restrictions. Rebbi Mana asked before Rebbi Yudan: Who is the Tanna who stated: “Any condition which refers to a preceding action is invalid”? This does not follow Rebbi Simeon. Rebbi Yudan in the name of Rebbi Joḥanan: She is preliminarily married for restrictions. How is that: “I am marrying you preliminarily by intercourse on condition that rains should fall.” If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Ḥiyya in the name of Rebbi Joḥanan: In matters of a preliminary marriage by a loan for restrictions, for real estate it was not acquired, for movables one does not deliver him to “Him Who exacted retribution.” If [the buyer] insists on the deal? Let us hear from the following: “You have wine to get from me, when he had no wine.” Therefore, if he had wine he would be obligated to deliver. Rebbi Ḥiyya stated, if he has wine he is obligated to deliver. Rebbi Samuel ben Rav Isaac did (not) say there: You should know that Rebbi Ḥiyya instructed following Rebbi Joḥanan that a preliminary marriage by a loan is for restrictions. Rebbi Ze‘ira resented it. Why? Because they were restrictive in practice and he taught them leniency? Rebbi Yose ben Rebbi Abun said, they were lenient in practice and he taught them to be restrictive, that if another man came and married her preliminarily, his marriage would hold. Rebbi Yudan ben Rebbi Ḥanan said, if there is a doubt between adultery and no adultery, decide on no adultery.

Rebbi Justus ben Rebbi Matton asked: If somebody redeems a string of dry figs from the Temple treasurer, does it become ṭevel for tithes? Rebbi Simeon ben Laqish asked: Did we not state about him who “stole, dedicated it, and afterwards slaughtered or sold”? As you say there, the one who dedicates is not like a seller, so one who redeems is not like a buyer. The word of Rebbi Simeon ben Laqish implies that selling is like redeeming. They said, he has the choice of redeeming and eating it.

It was stated: One gives money to another to buy wheat for him, but the man bought barley. If it went down in price, it went down in price for him; if it rose in price, it rose for him. We stated otherwise: “If it went down in price, it went down in price for him; if it rose in price, it rose for both of them.” [He who said if it went down in price, it went down in price for him; if it rose in price, it rose for him, is Rebbi Meïr. What is Rebbi Meïr’s reason? Because the seller intended to transfer ownership only to the buyer. But he who said, if it went down in price, it went down in price for him; if it rose in price, it rose for both of them, is Rebbi Jehudah.] What is Rebbi Jehudah’s reason? Because the seller intended to transfer ownership only to the owner of the money. Why does he (not) split with him? Because it is forbidden to take advantage of another person. Then even if one gave him money to buy wheat and he bought wheat? [Rebbi Joḥanan said, if he had given money to buy wheat and he bought wheat,] the seller intended to transfer ownership only to the owner of the money. If he had given money to buy wheat and he bought barley, the seller intended to transfer ownership only to the buyer, who is stuck with what he has on his hands. Rebbi Nasa said, if he was true to his agency, did the seller not intend to transfer ownership to the owner of the money? If he was not true to his agency, he intended to transfer ownership to the buyer. Then why does he split with him? He said, because he realizes a profit by means of the other man’s money, he splits with him.

It was stated: One gives money to another to buy wheat for him, but the man bought barley. If it went down in price, it went down in price for him; if it rose in price, it rose for him. We stated otherwise: “If it went down in price, it went down in price for him; if it rose in price, it rose for both of them.” [He who said if it went down in price, it went down in price for him; if it rose in price, it rose for him, is Rebbi Meïr. What is Rebbi Meïr’s reason? Because the seller intended to transfer ownership only to the buyer. But he who said, if it went down in price, it went down in price for him; if it rose in price, it rose for both of them, is Rebbi Jehudah.] What is Rebbi Jehudah’s reason? Because the seller intended to transfer ownership only to the owner of the money. Why does he (not) split with him? Because it is forbidden to take advantage of another person. Then even if one gave him money to buy wheat and he bought wheat? [Rebbi Joḥanan said, if he had given money to buy wheat and he bought wheat,] the seller intended to transfer ownership only to the owner of the money. If he had given money to buy wheat and he bought barley, the seller intended to transfer ownership only to the buyer, who is stuck with what he has on his hands. Rebbi Nasa said, if he was true to his agency, did the seller not intend to transfer ownership to the owner of the money? If he was not true to his agency, he intended to transfer ownership to the buyer. Then why does he split with him? He said, because he realizes a profit by means of the other man’s money, he splits with him.

It was stated: One gives money to another to buy wheat for him, but the man bought barley. If it went down in price, it went down in price for him; if it rose in price, it rose for him. We stated otherwise: “If it went down in price, it went down in price for him; if it rose in price, it rose for both of them.” [He who said if it went down in price, it went down in price for him; if it rose in price, it rose for him, is Rebbi Meïr. What is Rebbi Meïr’s reason? Because the seller intended to transfer ownership only to the buyer. But he who said, if it went down in price, it went down in price for him; if it rose in price, it rose for both of them, is Rebbi Jehudah.] What is Rebbi Jehudah’s reason? Because the seller intended to transfer ownership only to the owner of the money. Why does he (not) split with him? Because it is forbidden to take advantage of another person. Then even if one gave him money to buy wheat and he bought wheat? [Rebbi Joḥanan said, if he had given money to buy wheat and he bought wheat,] the seller intended to transfer ownership only to the owner of the money. If he had given money to buy wheat and he bought barley, the seller intended to transfer ownership only to the buyer, who is stuck with what he has on his hands. Rebbi Nasa said, if he was true to his agency, did the seller not intend to transfer ownership to the owner of the money? If he was not true to his agency, he intended to transfer ownership to the buyer. Then why does he split with him? He said, because he realizes a profit by means of the other man’s money, he splits with him.

Alexander the Macedonian went to the king of Cassia. He saw that he had much gold, much silver. He told him, I do not need your gold nor your silver; I came only so see your practice, how you are dealing, how you are judging. While he was still discussing with him, there came a man having a dispute with another, for he bought (a plot, entered it) [a garbage heap, dug in it] and found a treasure trove of denars. The buyer said, I bought a garbage heap, I did not buy a treasure. The seller said, I sold a garbage heap and all it contains. While they still were arguing with one another, the king asked one of them, do you have a male son? He answered, yes. He asked the other one, do you have a female daughter? He answered, yes. He told them, marry them to each other and the treasure should belong to both. He started to laugh. He asked him, why are you laughing? Did I not judge correctly? He asked him, if the case came before you, how would you have judged? He told him, one kills both of them and the treasure falls to the king. He told him, do you love gold so much? He made him a meal and brought before him golden meat, golden chicken. He asked him, can I eat gold? He told him, the spirit of this person should be wiped out. You cannot eat gold, why do you love gold so much? He asked him, does the sun shine upon you? He answered, yes. Does rain fall on you? He answered, yes. He asked him, do you have small animals? He answered, yes. The spirit of this person should be wiped out; you live only by the merit of the small animals, as it is written: “Man and animal You are saving, o Eternal!”

MISHNAH: If somebody deposits produce with another person, the latter returns it deducting losses, for wheat and rice 9/2 qab per kor, for barley and millet nine qab per kor, for spelt and linseed three se‘ah per kor; everything proportional to quantity and time elapsed. Rebbi Joḥanan ben Nuri said, do the rats care, do they not eat from much as from little? But he only deducts what corresponds to one kor. Rebbi Jehudah says, if it was a large quantity, he does not deduct because of the surplus. He deducts one sixth of wine; Rebbi Jehudah says a fifth. He deducts three log of oil per hundred, a log and a half lees, a log and a half absorption. If it was refined oil, he does not deduct lees; if the vessels were old, he does not deduct absorption. Rebbi Jehudah says, also if somebody sells refined oil during the entire year, [the buyer] accepts a log and a half lees per hundred.

Cahana asked before Rav: If the seller is being cheated, he is cheated up to a fifth; if the buyer is being cheated, he is cheated up to a sixth! He answered him, it and the amount of cheating add up to a sixth. If he sold him what was worth five for six, can [the seller] not say, you were taken in for a denar, take your denar! Rebbi Ze‘ira said, the other can say to him, it is not to my honor that people say, this one was made a laughing stock. Some say, he can say to him, it is not to my honor to wear a garment of five denars. Rebbi Joḥanan, Rebbi Eleazar and Rebbi Hoshaia say, what is that Tanna’s reason? “I know that my merchandise was worth only five denars, but because he needed it, I gave it to him for six. Take yours and return mine.”

If he sold him what was worth five for six; [the buyer] did not have time to ask around until it appreciated to be worth seven. Rebbi Jacob bar Idi, Rebbi Abbahu in the name of Rebbi Joḥanan: Since the sale is annulled for one, it also is annulled for the other. There, we have stated: “Four situations in sales. If he sold him high quality wheat and it turned out to be low quality, the buyer can annul the transaction. Low quality and it turned out to be high quality, the seller can annul the transaction.” [Therefore, the buyer cannot annul the transaction.] Rebbi Yose ben Rebbi Abun said, it follows this Tanna: “Nobody dealing in words only may one deliver to “Him Who exacted retribution”.

If he sold him what was worth five for six; [the buyer] did not have time to ask around until it appreciated to be worth seven. Rebbi Jacob bar Idi, Rebbi Abbahu in the name of Rebbi Joḥanan: Since the sale is annulled for one, it also is annulled for the other. There, we have stated: “Four situations in sales. If he sold him high quality wheat and it turned out to be low quality, the buyer can annul the transaction. Low quality and it turned out to be high quality, the seller can annul the transaction.” [Therefore, the buyer cannot annul the transaction.] Rebbi Yose ben Rebbi Abun said, it follows this Tanna: “Nobody dealing in words only may one deliver to “Him Who exacted retribution”.

If he sold him what was worth five for six; [the buyer] did not have time to ask around until it appreciated to be worth seven. Rebbi Jacob bar Idi, Rebbi Abbahu in the name of Rebbi Joḥanan: Since the sale is annulled for one, it also is annulled for the other. There, we have stated: “Four situations in sales. If he sold him high quality wheat and it turned out to be low quality, the buyer can annul the transaction. Low quality and it turned out to be high quality, the seller can annul the transaction.” [Therefore, the buyer cannot annul the transaction.] Rebbi Yose ben Rebbi Abun said, it follows this Tanna: “Nobody dealing in words only may one deliver to “Him Who exacted retribution”.

“One bought wheat from another.” Rebbi Abba bar Cahana said, the rate which is valid for everybody. Less than that, woe to the seller; more than that, woe to the buyer!

MISHNAH: One may increase rental fees but not sale price. How is this? He leased a courtyard saying to him, if [you pay] now it is yours for ten tetradrachmas a year but if paid monthly it is a tetradrachma per month; this is permitted. He sold his field and said to him, if [you pay] now it is yours for 1’000 zuz, but if after the threshing floor it is twelve mina; this is forbidden. If one sold his field, [the buyer] made a partial payment and [the seller] said, anytime you wish bring the remainder and take yours; this is forbidden. If one lent money on a field and said, if you do not repay me in three years from now, it will be mine, it is his; Boethos ben Zenon acted thus following the Sages.

HALAKHAH: “One may increase rental fees,” etc. It was stated: “If somebody sells a field to another and stipulates, on condition that I shall work it as a sharecropper, on condition that I shall be part owner, on condition that the tithes shall be mine, on condition that if you sell it, you will sell it only to me, that anytime I want I may pay you back and take it; this is permitted.” “If he owed him money and wrote his field over to him as a sale, any time the seller eats the yield it is permitted; any time the buyer eats the yield, it is forbidden. Rebbi Jehudah says, in any case it is permitted. Rebbi Jehudah said, that is what Boethos ben Zenon did following the Sages. They said to him, is that a proof? The seller was eating the yield.” Rebbi Joḥanan, Rebbi Eleazar, and Rebbi Hoshaia said, Rebbi Jehudah learned from the houses of walled cities. As it was stated: The year mentioned in the Torah regarding walled cities is like interest but it is not interest. Another Tanna stated: This is interest but the Torah permitted it. He who said, it is like interest but it is not interest, Rebbi Meïr. He who said, this is interest but the Torah permitted it, Rebbi Jehudah. Rebbi Idi said, when I came from the Diaspora, I found that a case was before Rebbi Immi of “it is like interest but it is not interest.” Rebbi Ḥizqiah said, they only said that “this is interest but the Torah permitted it.” There, the Torah permitted it, therefore not in any other case. Nevertheless, Rebbi Immi did not consider it, for he said: a house dwells with its inhabitants.

“A person was transporting from a lowprice place to a highprice one. Another said to him, give it to me, I shall pay you what you would charge at place X. If the responsibility is the giver’s, it is forbidden, but the buyer’s is permitted. A person was transporting a package from place to place. Another said to him, give it to me, I shall pay you what you would charge at place X. If the responsibility is the giver’s, it is forbidden, but the buyer’s is permitted. But donkey drivers who receive from householders obtain produce for a highprice place at lowprice rates.” Rebbi Jehudah bar Pazi: At a place where usually they can go and return the same day. Rav Huna said, he becomes his agent. But did one not object to [Rav] Huna: If an agent fell victim to an accident, is he liable? If he was the victim of an accident, he is not liable. Does it not happen that an unpaid trustee accepts to be like a borrower? But did not Rebbi Hoshaia state: Just as he is liable for the entirety, so he is liable for a part! Why does one quote this? There, he would pay a high price, but here he pays at the low rate.

“A person was transporting from a lowprice place to a highprice one. Another said to him, give it to me, I shall pay you what you would charge at place X. If the responsibility is the giver’s, it is forbidden, but the buyer’s is permitted. A person was transporting a package from place to place. Another said to him, give it to me, I shall pay you what you would charge at place X. If the responsibility is the giver’s, it is forbidden, but the buyer’s is permitted. But donkey drivers who receive from householders obtain produce for a highprice place at lowprice rates.” Rebbi Jehudah bar Pazi: At a place where usually they can go and return the same day. Rav Huna said, he becomes his agent. But did one not object to [Rav] Huna: If an agent fell victim to an accident, is he liable? If he was the victim of an accident, he is not liable. Does it not happen that an unpaid trustee accepts to be like a borrower? But did not Rebbi Hoshaia state: Just as he is liable for the entirety, so he is liable for a part! Why does one quote this? There, he would pay a high price, but here he pays at the low rate.

MISHNAH: Somebody exchanged a cow for a donkey and it gave birth, or he sold his slave girl and she gave birth. If one said, [it happened] before I sold, the other said, after I bought, they shall split. If he had two slaves, one adult and one young, or two fields, one large and one small. The buyer says, I bought the large one, and the seller says, I do not know: he acquired the large one. The seller says, I sold the small and the other party says, I do not know: he has only the small one. If one says the large one and the other says the small, let the seller swear that he sold the small one. If both say, I do not know, they shall split.

Simeon bar Abba in the name of Rebbi Joḥanan: If someboldy is selling a house to another, when he delivered the key [the buyer] took possession. Rebbi Immi in the name of Rebbi Joḥanan: If somebody is selling a house to another, when [the buyer] stored produce there, he took possession. Rebbi Samuel bar Rav Isaac said, only produce usually stored. Rebbi Joḥanan in the name of Rebbi Yannai: If somebody is selling a cistern to another, when he handed over its pails [the buyer] took possession. Rebbi Joshua ben Levi in the name of Rebbi Simeon ben Laqish: If somebody sold a flock to another person, when [the seller] delivered the maškokît, [the buyer] took possession. What is maškokît? Some say, the shepherd’s staff. But some say, a pandura. And some say, the bell-wether. Rebbi Simeon ben Laqish in the name of Bar Qappara: If somebody is selling a burial chamber to another, when that one buried there one dead it is confirmation of claim for the entire chamber. When he buried three dead in three chambers, it is confirmation of claim for the entire burial cavern.

Simeon bar Abba in the name of Rebbi Joḥanan: If someboldy is selling a house to another, when he delivered the key [the buyer] took possession. Rebbi Immi in the name of Rebbi Joḥanan: If somebody is selling a house to another, when [the buyer] stored produce there, he took possession. Rebbi Samuel bar Rav Isaac said, only produce usually stored. Rebbi Joḥanan in the name of Rebbi Yannai: If somebody is selling a cistern to another, when he handed over its pails [the buyer] took possession. Rebbi Joshua ben Levi in the name of Rebbi Simeon ben Laqish: If somebody sold a flock to another person, when [the seller] delivered the maškokît, [the buyer] took possession. What is maškokît? Some say, the shepherd’s staff. But some say, a pandura. And some say, the bell-wether. Rebbi Simeon ben Laqish in the name of Bar Qappara: If somebody is selling a burial chamber to another, when that one buried there one dead it is confirmation of claim for the entire chamber. When he buried three dead in three chambers, it is confirmation of claim for the entire burial cavern.

Simeon bar Abba in the name of Rebbi Joḥanan: If someboldy is selling a house to another, when he delivered the key [the buyer] took possession. Rebbi Immi in the name of Rebbi Joḥanan: If somebody is selling a house to another, when [the buyer] stored produce there, he took possession. Rebbi Samuel bar Rav Isaac said, only produce usually stored. Rebbi Joḥanan in the name of Rebbi Yannai: If somebody is selling a cistern to another, when he handed over its pails [the buyer] took possession. Rebbi Joshua ben Levi in the name of Rebbi Simeon ben Laqish: If somebody sold a flock to another person, when [the seller] delivered the maškokît, [the buyer] took possession. What is maškokît? Some say, the shepherd’s staff. But some say, a pandura. And some say, the bell-wether. Rebbi Simeon ben Laqish in the name of Bar Qappara: If somebody is selling a burial chamber to another, when that one buried there one dead it is confirmation of claim for the entire chamber. When he buried three dead in three chambers, it is confirmation of claim for the entire burial cavern.

Simeon bar Abba in the name of Rebbi Joḥanan: If someboldy is selling a house to another, when he delivered the key [the buyer] took possession. Rebbi Immi in the name of Rebbi Joḥanan: If somebody is selling a house to another, when [the buyer] stored produce there, he took possession. Rebbi Samuel bar Rav Isaac said, only produce usually stored. Rebbi Joḥanan in the name of Rebbi Yannai: If somebody is selling a cistern to another, when he handed over its pails [the buyer] took possession. Rebbi Joshua ben Levi in the name of Rebbi Simeon ben Laqish: If somebody sold a flock to another person, when [the seller] delivered the maškokît, [the buyer] took possession. What is maškokît? Some say, the shepherd’s staff. But some say, a pandura. And some say, the bell-wether. Rebbi Simeon ben Laqish in the name of Bar Qappara: If somebody is selling a burial chamber to another, when that one buried there one dead it is confirmation of claim for the entire chamber. When he buried three dead in three chambers, it is confirmation of claim for the entire burial cavern.

As we have stated: If somebody sells a field to another but the buyer was lazy and did not enter into possession when the seller went and legally took possession, the taking possession invalidates the sale or the gift.

MISHNAH: Four situations for sellers. If one contracted to sell high quality wheat and it turned out to be low quality, the buyer may annul the contract. Low quality and it turned out to be high quality, the seller may annul the contract. Low quality and it turned out to be low quality, high quality and it turned out to be high quality, neither of them may annul the contract. Brown grain and it turned out to be white grain, white grain and it turned out to be brown grain, olive wood and it turned out to be sycamore wood, sycamore wood and it turned out to be olive wood, wine and it turned out to be vinegar, vinegar and it turned out to be wine, either of them may annul the contract. If somebody sold produce to another and this one moved it without measuring, he took possession. If he was measuring without moving, he did not take possession. If he is intelligent, he rents its place. If somebody buys flax from another he he did not take possession until he moved it from place to place; but if it still was standing on the ground and he plucked anything, he took possession. If somebody sold wine or oil to another and it rose or fell in price, if it was before the measure was filled it is for the seller, after the measure was filled for the buyer. If a broker was involved and the amphora broke, it broke for the broker. He is obligated to let it drip three drops. If he tilted and emptied it, [the remainder] is for the seller. The grocer does not have to let it drip three drops. Rebbi Jehudah says, Friday evenings close to sundown he is not liable.

MISHNAH: Four situations for sellers. If one contracted to sell high quality wheat and it turned out to be low quality, the buyer may annul the contract. Low quality and it turned out to be high quality, the seller may annul the contract. Low quality and it turned out to be low quality, high quality and it turned out to be high quality, neither of them may annul the contract. Brown grain and it turned out to be white grain, white grain and it turned out to be brown grain, olive wood and it turned out to be sycamore wood, sycamore wood and it turned out to be olive wood, wine and it turned out to be vinegar, vinegar and it turned out to be wine, either of them may annul the contract. If somebody sold produce to another and this one moved it without measuring, he took possession. If he was measuring without moving, he did not take possession. If he is intelligent, he rents its place. If somebody buys flax from another he he did not take possession until he moved it from place to place; but if it still was standing on the ground and he plucked anything, he took possession. If somebody sold wine or oil to another and it rose or fell in price, if it was before the measure was filled it is for the seller, after the measure was filled for the buyer. If a broker was involved and the amphora broke, it broke for the broker. He is obligated to let it drip three drops. If he tilted and emptied it, [the remainder] is for the seller. The grocer does not have to let it drip three drops. Rebbi Jehudah says, Friday evenings close to sundown he is not liable.

HALAKHAH: “Four situations for sellers.,” etc. How is this? If the measuring vessel belonged to the seller, he has the property rights, if to the buyer, he has the property rights. Rav Jehudah in the name of Samuel, Rebbi La in the name of the Great Rebbi Jehudah, so is the Mishnah: If the measuring vessel belonged to a third person. It was stated: Rebbi Jehudah says, Friday evenings close to sundown he is not liable since he has permission, but the Sages say, in any case he is liable. What is the reason for what Rebbi Jehudah said? “If he is hired, it is paid for by his wages.”

Rebbi Ḥiyya bar Abba asked: One se’ah of wheat which fell into one hundred of barley, do the Cohen and the Israel split the increase in value? Rebbi Isaac bar Tebelai asked: One se’ah of heave which fell into one hundred of profane grain, do the seller and the buyer split the remainder? Rebbi Abun bar Ḥiyya said, let us hear from the following: He who takes out impurities from his neighbor’s heap has to give him good grain in their stead.

It was stated: “100 amphoras I am selling to you, he has to deliver wine in the quality which is customarily sold at this place. 100 amphoras of wine I am selling to you, he has to deliver wine in the quality which is customarily sold at this store. These 100 amphoras I am selling to you, even if they were vinegar they are delivered.” Rebbi Ḥiyya bar Abba: If the vessels belonged to the buyer, he may tell him: I sold to you for [immediate] consumption.

MISHNAH: One who writes his properties over to his sons must write: “from today and after my death,” the words of Rebbi Jehudah. Rebbi Yose said, it is unnecessary. If one writes his properties over to his son for the time after his death, the father cannot sell them because they are written over to the son; the son cannot sell because they are in the father’s possession. If the father sold, they are sold until he dies. If the son sold, the buyer has no claim until the father dies. The father harvests and feeds anybody he pleases; what becomes part of his estate belongs to the heirs.

MISHNAH: One writes a bill of divorce for a man even though his wife not be present, and a receipt for the wife even though he husband not be present on condition that he know her. The husband pays the fee. One writes a document of indebtedness for the borrower even though the creditor not be present, but one does not write a document of indebtedness for the creditor if the borrower not be present. The borrower pays the fee. One writes a sale contract for the seller even though the buyer not be present, but one does not write a sale contract for the buyer if the seller not be present. The buyer pays the fee. Documents of preliminary and definitive marriage one only writes on the orders of both parties; the groom pays the fee. Documents of share-cropping and leases one only writes on the orders of both parties; the tenant pays the fee. Documents of arbitration and court decisions one only writes on the orders of both parties; both of them pay the fee. Rabban Simeon ben Gamliel says, one writes them in duplicate, one for each party.

MISHNAH: One writes a bill of divorce for a man even though his wife not be present, and a receipt for the wife even though he husband not be present on condition that he know her. The husband pays the fee. One writes a document of indebtedness for the borrower even though the creditor not be present, but one does not write a document of indebtedness for the creditor if the borrower not be present. The borrower pays the fee. One writes a sale contract for the seller even though the buyer not be present, but one does not write a sale contract for the buyer if the seller not be present. The buyer pays the fee. Documents of preliminary and definitive marriage one only writes on the orders of both parties; the groom pays the fee. Documents of share-cropping and leases one only writes on the orders of both parties; the tenant pays the fee. Documents of arbitration and court decisions one only writes on the orders of both parties; both of them pay the fee. Rabban Simeon ben Gamliel says, one writes them in duplicate, one for each party.

MISHNAH: One writes a bill of divorce for a man even though his wife not be present, and a receipt for the wife even though he husband not be present on condition that he know her. The husband pays the fee. One writes a document of indebtedness for the borrower even though the creditor not be present, but one does not write a document of indebtedness for the creditor if the borrower not be present. The borrower pays the fee. One writes a sale contract for the seller even though the buyer not be present, but one does not write a sale contract for the buyer if the seller not be present. The buyer pays the fee. Documents of preliminary and definitive marriage one only writes on the orders of both parties; the groom pays the fee. Documents of share-cropping and leases one only writes on the orders of both parties; the tenant pays the fee. Documents of arbitration and court decisions one only writes on the orders of both parties; both of them pay the fee. Rabban Simeon ben Gamliel says, one writes them in duplicate, one for each party.

Rebbi Ḥiyya bar Abba sent to buy sandals for himself at the fair of Tyre. Rebbi Jacob bar Aḥa said to him, are you a buyer at fairs? He answered him, did you never buy a loaf of bread? He said to him, there is a difference, since Rebbi Joḥanan said, they did not forbid the necessities of life. Rebbi Simeon ben Joḥanan sent to ask Rebbi Simeon ben Josadaq, did you not check out the nature of the fair at Tyre? He told him, yes. He gave two pounds of peppers to an איסקרנדה. He went and found an inscription there, “I, King Diocletian, settled this fair at Tyre to the genius of my brother Heraklius, eight days.” Rebbi Isaac bar Naḥman asked Rebbi Ḥanina: What is the nature of the fair at Gaza? He said to him, did you ever go to Tyre and see a Jew and a Gentile sharing a pot, and he does not worry that the Gentile pour something into the pot? This is difficult. He asked him; what did he answer him? But since Rebbi Ḥanina never said something that he had not heard, for that reason when he asked him this he responded with that. Rebbi Yose ben Rebbi Abun came, Abba bar bar Ḥana in the name of Rebbi Joḥanan: They forbade only the fair at Botnah, as it was stated thus: There are three fairs, the fair at Gaza, the fair at Acco, the fair at Botnah. The clearest of them is the fair at Botnah.

Rebbi Hila in the name of Rebbi Yannai: The buyer has the same status as the seller. It was stated thus: Whether the seller or the buyer [stores] on the Gentile’s property. If the wine is the Jew’s and a Jew lives there it is permitted on condition that in his hand are key and seal. If the wine is the Gentile’s and a Jew lives there it is permitted on condition that in his hand are key and seal; but if no Jew lives there it is forbidden even if key and seal are in his hand.

Rebbi Hila in the name of Rebbi Yannai: The buyer has the same status as the seller. It was stated thus: Whether the seller or the buyer [stores] on the Gentile’s property. If the wine is the Jew’s and a Jew lives there it is permitted on condition that in his hand are key and seal. If the wine is the Gentile’s and a Jew lives there it is permitted on condition that in his hand are key and seal; but if no Jew lives there it is forbidden even if key and seal are in his hand.

If he worked for him half a day in prohibition and half a day in permission. If he was selling profane [food] and Second Tithe together, [the buyer] has the choice of treating as profane what he chooses and as Second Tithe what he chooses. Is this the same here? Let us hear from the following. If somebody hires a worker to bring wine to a sick person; if he delivered [the employer] has to pay him, otherwise he does not have to pay him. But if he told him, wine for a sick person from place X, an apple for a sick person from place X, whether or not he delivered he has to pay him, for he pays the wages of his feet. And here, does he not pay the wages of his feet?