buying

As a nail sticketh fast between the joinings of the stones; so doth sin stick close between buying and selling.

And the man that does any work on it shall die: whoever desecrates that day, whoever lies with (his) wife, or whoever says he will do something on it, that he will set out on a journey thereon in regard to any buying or selling: and whoever draws water thereon which he had not prepared for himself on the sixth day, and whoever takes up any burden to carry it out of his tent or out of his house shall die.

But while the boy was buying the bread, he saw his neighbour Thecla and was surprised, and said to her. Thecla, where are you going?

Abraham said, I beseech you, is there also an unexpected death? Tell me. Death said, Verily, verily, I tell you in the truth of God that there are seventy-two deaths. One is the just death, buying its fixed time, and many men in one hour enter into death being given over to the grave. Behold, I have told you all that you have asked, now I tell you, most righteous Abraham, to dismiss all counsel, and cease from asking anything once for all, and come, go with me, as the God and judge of all has commanded me. Abraham said to Death, Depart from me yet a little, that I may rest on my couch, for I am very faint at heart, for since I have seen you with my eyes my strength has failed me, all the limbs of my flesh seem to me a weight as of lead, and my spirit is distressed exceedingly. Depart for a little; for I have said I cannot bear to see your shape. Then Isaac his son came and fell upon his breast weeping, and his wife Sarah came and embraced his feet, lamenting bitterly. There came also his men slaves and women slaves and surrounded his couch, lamenting greatly. And Abraham came into indifference of death, and Death said to Abraham, Come, take my right hand, and may cheerfulness and life and strength come to you. For Death deceived Abraham, and he took his right hand, and straightway his soul adhered to the hand of Death. And immediately the archangel Michael came with a multitude of angels and took up his precious soul in his hands in a divinely woven linen cloth, and they tended the body of the just Abraham with divine ointments and perfumes until the third day after his death, and buried him in the land of promise, the oak of Mamre, but the angels received his precious soul, and ascended into heaven, singing the hymn of thrice holy to the Lord the God of all, and they set it there to worship the God and Father. And after great praise and glory had been given to the Lord, and Abraham bowed down to worship, there came the undefiled voice of the God and Father saying thus, Take therefore my friend Abraham into Paradise, where are the tabernacles of my righteous ones, and the abodes of my saints Isaac and Jacob in his bosom, where there is no trouble, nor grief, nor sighing, but peace and rejoicing and life unending. (And let us, too, my beloved brethren, imitate the hospitality of the patriarch Abraham, and attain to his virtuous way of life, that we may be thought worthy of the life eternal, glorifying the Father, Son and Holy Ghost; to whom be glory and power forever. Amen.).

But in the assemblies, and nations, and churches, there shall be many tumults, for there shall arise evil shepherds unjust slothful avaricious, lovers of pleasures, lovers of gains lovers of money, talkative, boastful, haughty, gluttonous, perverse, rash, given to delights, vainglorious opposing the ways of the Gospel and fleeing from the strait gate removing from themselves every humiliation and not sorrowing for My humiliation, rejecting all the words of truth, and despising all the ways of piety, and not mourning for their sins. Therefore there shall be shed abroad among the nations unbelief, hatred of the brotherhood, wickedness, bitterness, slothfulness, envy, hatred, strife, theft, oppression, drunkenness, debauchery, lasciviousness, licentiousness, fornication, and all such works as are contrary to the commandments of life. For from many mourning and gentleness shall flee away, and peace and meekness, and poverty and piety, and tears, because the shepherds heard these things, and did not do them, and moreover did not shew! My commandments, seeing that they [themselves] are examples of wickedness in the nation. But the time shall come when some of them will deny Me, and will stir up confusions in the earth, and put their trust in a corruptible king. But they who in My Name endure unto the end shall be saved. Then they shall ordain commandments for men, [commandments] unlike the book of commandments in which the Father is well pleased; and My elect and My holy ones shall be rejected by them, and called among them, as it were, the polluted. Yet these are the upright ones, pure, sad, merciful, quiet, kind, always knowing Him who is among them at all times, and they shall be called mad for My sake, who have saved them. It shall come to pass also in those days that My Father shall gather together out of that generation the pure ones, even the pure and faithful souls, those to whom I will appear, and with whom I will make My habitation, and I will send to them the understanding of knowledge and of truth, and the understanding of holiness, and they shall not cease praising and giving thanks to their God,! My Father who sent Me; and they shall speak the truth at all times, and they shall teach [others] whose spirit they have tried [and have found] that they are upright and worthy, as for the kingdom, and shall instruct them in knowledge and strength and prudence. And those who suffer persecution because they live in piety shall receive the reward of their praise. And it shall be in those times that all the kingdoms shall be disturbed, and all the world also [shall see] affliction and want; and all this world shall be reputed as nothing; and all its possessions shall be destroyed by many [destroyers], and there shall be great scarcity of crops, and the winter shall be very severe; and the princes shall be few in number and small, who have rule over gold and over silver, and are rich in all those things which are in this world; and the children of this world shall hold their storerooms and barns, and shall have rule over the markets of buying and selling. Many shall be afflicted, and on that account shall call upon their God that they may be delivered. Blessed are they who are not [alive] at that time; and [blessed] they [also] who shall be [alive indeed], but [shall] endure. For when these things shall come to pass, then soon she that travaileth is near to bring forth, for the time is fulfilled.

It is the pleasure of the king, of his second and of their great men, that any person who wishes to buy corn in Egypt shall not send his servants to Egypt to purchase, but his sons, and also any Egyptian or Canaanite, who shall come from any of the stores from buying corn in Egypt, and shall go and sell it throughout the land, he shall die, for no one shall buy but for the support of his household.

This calamity happened in the six hundredth year of Noah's government, [age,] in the second month, called by the Macedonians Dius, but by the Hebrews Marchesuan: for so did they order their year in Egypt. But Moses appointed that ú Nisan, which is the same with Xanthicus, should be the first month for their festivals, because he brought them out of Egypt in that month: so that this month began the year as to all the solemnities they observed to the honor of God, although he preserved the original order of the months as to selling and buying, and other ordinary affairs. Now he says that this flood began on the twenty-seventh [seventeenth] day of the forementioned month; and this was two thousand six hundred and fifty-six [one thousand six hundred and fifty-six] years from Adam, the first man; and the time is written down in our sacred books, those who then lived having noted down, with great accuracy, both the births and deaths of illustrious men.

When Alexander had reigned twelve years, and after him Ptolemy Soter forty years, Philadelphus then took the kingdom of Egypt, and held it forty years within one. He procured the law to be interpreted, and set free those that were come from Jerusalem into Egypt, and were in slavery there, who were a hundred and twenty thousand. The occasion was this: Demetrius Phalerius, who was library keeper to the king, was now endeavoring, if it were possible, to gather together all the books that were in the habitable earth, and buying whatsoever was any where valuable, or agreeable to the king's inclination, [who was very earnestly set upon collecting of books,] to which inclination of his Demetrius was zealously subservient. And when once Ptolemy asked him how many ten thousands of books he had collected, he replied, that he had already about twenty times ten thousand; but that, in a little time, he should have fifty times ten thousand. But he said he had been informed that there were many books of laws among the Jews worthy of inquiring after, and worthy of the king's library, but which, being written in characters and in a dialect of their own, will cause no small pains in getting them translated into the Greek tongue; that the character in which they are written seems to be like to that which is the proper character of the Syrians, and that its sound, when pronounced, is like theirs also; and that this sound appears to be peculiar to themselves. Wherefore he said that nothing hindered why they might not get those books to be translated also; for while nothing is wanting that is necessary for that purpose, we may have their books also in this library. So the king thought that Demetrius was very zealous to procure him abundance of books, and that he suggested what was exceeding proper for him to do; and therefore he wrote to the Jewish high priest, that he should act accordingly.

Nay, indeed, while Antipater was in Judea, and before he was upon his journey to Rome, he gave money to have the like letters against them sent from Rome, and then came to his father, who as yet had no suspicion of him, and apologized for his brethren, and alleged on their behalf that some of the things contained in those letters were false, and others of them were only youthful errors. Yet at the same time that he expended a great deal of his money, by making presents to such as wrote against his brethren, did he aim to bring his accounts into confusion, by buying costly garments, and carpets of various contextures, with silver and gold cups, and a great many more curious things, that so, among the view great expenses laid out upon such furniture, he might conceal the money he had used in hiring men [to write the letters]; for he brought in an account of his expenses, amounting to two hundred talents, his main pretense for which was file law-suit he had been in with Sylleus. So while all his rogueries, even those of a lesser sort also, were covered by his greater villainy, while all the examinations by torture proclaimed his attempt to murder his father, and the letters proclaimed his second attempt to murder his brethren; yet did no one of those that came to Rome inform him of his misfortunes in Judea, although seven months had intervened between his conviction and his return, so great was the hatred which they all bore to him. And perhaps they were the ghosts of those brethren of his that had been murdered that stopped the mouths of those that intended to have told him. He then wrote from Rome, and informed his [friends] that he would soon come to them, and how he was dismissed with honor by Caesar.

One who wants to cut off leaves of vegetables in order to lighten his burden, he may not throw them down until he has [first] tithed them. One who takes vegetables from the market [with the intention of buying them], and then decides to put them back, he should not put them back until he has [first] tithed them, for nothing is missing [after they are tithed] except for their quantity. But if he was standing [there and deciding what to] buy and then saw another load of better quality, he may put them back [untithed], since he had not yet drawn them into his possession.

If an am haaretz said to a chaver, “Buy me a bundle of vegetables,” or: “Buy me a loaf of bread,” the chaver may buy it without checking [whether it had been tithed], and he is exempt [from tithing it]. But if the chaver said: “This one I am buying for myself and this one for my friend,” and they got mixed up, he must tithe [them both], even if there were one hundred [for the am haaretz.]

When may one buy vegetables at the outgoing of the sabbatical year [without fear that they are sabbatical produce]? When enough time has passed for similar [vegetables] to grow. Where produce ripens quickly, even that which is late in ripening is also permissible. Rabbi used to allow the buying of vegetables immediately after the sabbatical year was over.

Just as the laws of fraud apply to buying and selling, so to do they apply to the spoken word. One may not say, “How much is this object?, if he does not wish to buy it. If one had repented, another should not say to him, “Remember your earlier deeds”. If one descended from converts, another should not say to him, “Remember the deeds of your ancestors”. For it is said (Exodus 22:21), “And a stranger you shall not wrong or oppress.”

If he finished the gathering but intended to buy some more, or if he had finished buying but intended to borrow some more, or if a time of mourning, a wedding feast or some other hindrance befell him then even if zavim and zavot trampled over them they remain clean. If any unclean liquids fell upon them, only the place where it touched them becomes unclean. Any liquid that comes out of them is clean.

Rebbi Phineas asked: For what did they impose a fine? At a place where they sow and eat or at a place where they sow but do not eat? What is the difference? If one saw him buying from Saracens. If you say at a place where they sow and eat, if one saw him buying from Saracens it is forbidden; if you say at a place where they sow but do not eat, if one saw him buying from Saracens it is permitted.

Rebbi Phineas asked: For what did they impose a fine? At a place where they sow and eat or at a place where they sow but do not eat? What is the difference? If one saw him buying from Saracens. If you say at a place where they sow and eat, if one saw him buying from Saracens it is forbidden; if you say at a place where they sow but do not eat, if one saw him buying from Saracens it is permitted.

Rebbi Phineas asked: For what did they impose a fine? At a place where they sow and eat or at a place where they sow but do not eat? What is the difference? If one saw him buying from Saracens. If you say at a place where they sow and eat, if one saw him buying from Saracens it is forbidden; if you say at a place where they sow but do not eat, if one saw him buying from Saracens it is permitted.

“If he was eating when night fell Friday evening or when he gave it to another person it did not become ṭevel.” Rebbi Jeremiah wanted to say, when it was put on pitta bread or into a bowl, but when it was in a flask it became ṭevel. Rebbi Yose said, even in a flask it did not become ṭevel. Rebbi Jeremiah said to him, does not the Sabbath create ṭevel? He answered him, does not buying create ṭevel? He retorted, following what Rebbi Yose said in the name of Rebbi Zeїra, Rebbi Jonah, Rebbi Zeїra in the name of Rebbi Eleazar, even what is in a flask did not become ṭevel, in case it was not fully processed, since he would in the end return it. The strength of Rebbi Jeremiah is from the following: “In addition, Rebbi Eliezer said a person may stand near the muqẓeh on a Friday of a Sabbatical year and say, from here I shall eat tomorrow.” He mentioned only the Sabbatical year; that exludes the other years of the Sabbatical cycle. How does Rebbi Jeremiah argue about this? You cannot return it to its place as muqẓeh, therefore it creates ṭevel. A baraita disagrees with Rebbi (Jeremiah): There are no snacks on the Sabbath. He explains it, anything that has muqẓeh. In the opinion of Rebbi Jeremiah, whether it has muqẓeh or does not have muqẓeh.

Rebbi Hila in the name of Rebbi Eleazar: Just as they differ here they differ about a secure courtyard since Rebbi Joḥanan said that [the rules of] buying, courtyard, and Sabbath are not biblical. Rebbi Immi in the name of Rebbi Simeon ben Laqish, the most reasonable of these is the secure courtyard.

Rebbi Joḥanan follows Rebbi, Rebbi Simeon ben Laqish Rebbi Yose ben Rebbi Jehudah. Does Rebbi Joḥanan follow Rebbi? Even if he would hold with Rebbi Yose ben Rebbi Jehudah, the Sabbath is more powerful since windfall which falls by itself is forbidden. Does Rebbi Simeon ben Laqish follow Rebbi Yose ben Rebbi Jehudah? Even if he would follow Rebbi, since a secure courtyard is more powerful as Rebbi Joḥanan said, buying, courtyard, and Sabbath are not biblical. Rebbi Immi in the name of Rebbi Simeon [ben Laqish], the most reasonable of these is the secure courtyard.

HALAKHAH: Fire creates ṭevel, buying creates ṭevel, salt creates ṭevel, heave creates ṭevel, the Sabbath creates ṭevel, a secure courtyard creates ṭevel, but Rebbi Joḥanan said that buying and Sabbath are not biblical. Rebbi Immi in the name of Rebbi Simeon ben Laqish, the most reasonable of these is the secure courtyard.

HALAKHAH: Fire creates ṭevel, buying creates ṭevel, salt creates ṭevel, heave creates ṭevel, the Sabbath creates ṭevel, a secure courtyard creates ṭevel, but Rebbi Joḥanan said that buying and Sabbath are not biblical. Rebbi Immi in the name of Rebbi Simeon ben Laqish, the most reasonable of these is the secure courtyard.

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

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

And even in the time they were buying animals for meat of desire it could not be bought with tithe money to be eaten in Jerusalem.

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

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

“If a Jew and a Gentile were travelling by ship and leavened matter was in the Jew’s hand, he sells it to the Gentile or gives it to him as a gift; then he reverts and buys it from him after Passover, on condition that it was an unconditional gift. The Jew may say to the Gentile, instead of buying it for a mina, come and buy it for 200 [denar]. Instead that you buy from a Gentile, come and buy it from a Jew, maybe I shall have need, then I shall buy from you after Passover.”

Rebbi Abba bar Cahana asked before Rebbi Immi: If one leased his house to another and needs the money? He said to him, it is unthinkable that he should have to starve to death. Rebbi Zeˋira, Rebbi [Il]la both say, μίστωσις like ὠνή is acquired by buying. It was stated: If one leased his house to another and went and dedicated it, [the renter] lives in it and pays the rent to the Sanctuary. When? If he did not pay the rent in advance, but if he paid the rent in advance he lives there for free. In the days of Rebbi Mana there was a company in Sepphoris, and their children were taken as pledges. When they were about to leave, Rebbi Mana published (so) [a proclamation] following Rebbi Immi. He said, not that I am of his opinion, but because of the Sepphoreans that they should not permanently lose their children.

HALAKHAH: And not following Rebbi Jehudah, since Rebbi Jehudah said, he sits and watches. Rebbi Jacob bar Aḥa in the name of the rabbis: merchandise in danger of spoilage may be moved on the holiday. Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: it is permitted to buy from a caravan on the intermediate days of a holiday, if he knows that the caravan comes and depresses the prices. Rebbi Mana said, if he knows that not buying would depress his earnings he may buy; otherwise he may not buy. [Rebbi Yose bar Abun said, earnings and capital are capital. If he knows that not buying would depress his capital he may buy; if not he may not buy.] Rebbi Jonah and Rebbi Yose instructed in the matter of fine tissues that one may buy them on the holiday to be used on he holiday. Rebbi Isaac ben Rebbi Eleazar commanded to Rebbi Hoshaia ben Rebbi Shammai who was coming from a ship: Sell if you know that if you are selling the ship will wait for you when you come to drink with us; otherwise do not sell. Rebbi Jonah from Bostra had books. He asked Rebbi Huna, may I sell them on the holiday? He told him, enjoy the holiday, drink spiced wine.

HALAKHAH: And not following Rebbi Jehudah, since Rebbi Jehudah said, he sits and watches. Rebbi Jacob bar Aḥa in the name of the rabbis: merchandise in danger of spoilage may be moved on the holiday. Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: it is permitted to buy from a caravan on the intermediate days of a holiday, if he knows that the caravan comes and depresses the prices. Rebbi Mana said, if he knows that not buying would depress his earnings he may buy; otherwise he may not buy. [Rebbi Yose bar Abun said, earnings and capital are capital. If he knows that not buying would depress his capital he may buy; if not he may not buy.] Rebbi Jonah and Rebbi Yose instructed in the matter of fine tissues that one may buy them on the holiday to be used on he holiday. Rebbi Isaac ben Rebbi Eleazar commanded to Rebbi Hoshaia ben Rebbi Shammai who was coming from a ship: Sell if you know that if you are selling the ship will wait for you when you come to drink with us; otherwise do not sell. Rebbi Jonah from Bostra had books. He asked Rebbi Huna, may I sell them on the holiday? He told him, enjoy the holiday, drink spiced wine.

If [Reuben] robbed a field from Simeon and sold it to Levi, then Simeon came and foreclosed it from Levi; then Levi collects from Reuben’s encumbered property and Simeon collects the usufruct from Levi’s free property. If Levi in the meantime improved [the property], Levi collects the capital from Reuben’s encumbered property and the improvement from Simeon’s free property. Rebbi Ḥiyya in the name of Rebbi Joḥanan said, only if a third party’s buying preceded the improvement by this one. But if the improvement by this one preceded a third party’s buying, Levi can collect the capital even from Simeon’s encumbered property. Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan said: With usufruct one proceeds in the same way. If he spent four denars and the improvement is worth six, Levi collects four denars from Reuben’s encumbered property and another two from Simeon’s free property. Rebbi Abin in the name of the rabbis there: Since he did not enter with permission, his hand is weak against Simeon. Rebbi Yose ben Rebbi Abun in the name of the rabbis there: Since he entered with permission, his hand is strong against Reuben.

If [Reuben] robbed a field from Simeon and sold it to Levi, then Simeon came and foreclosed it from Levi; then Levi collects from Reuben’s encumbered property and Simeon collects the usufruct from Levi’s free property. If Levi in the meantime improved [the property], Levi collects the capital from Reuben’s encumbered property and the improvement from Simeon’s free property. Rebbi Ḥiyya in the name of Rebbi Joḥanan said, only if a third party’s buying preceded the improvement by this one. But if the improvement by this one preceded a third party’s buying, Levi can collect the capital even from Simeon’s encumbered property. Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan said: With usufruct one proceeds in the same way. If he spent four denars and the improvement is worth six, Levi collects four denars from Reuben’s encumbered property and another two from Simeon’s free property. Rebbi Abin in the name of the rabbis there: Since he did not enter with permission, his hand is weak against Simeon. Rebbi Yose ben Rebbi Abun in the name of the rabbis there: Since he entered with permission, his hand is strong against Reuben.

HALAKHAH: “There was no law of siqariqon in Judea” etc. In earlier times they decided on a persecution in Judea because they had a tradition from their forefathers that Jehudah had killed Esaw, as it is written: “Your hand is on your enemies’ neck.” They went and enslaved them, took their fields and sold them to third parties. The original owners could come and repossess; therefore the land was left absolutely in the hand of the siqariqon since they refrained from buying. “They decreed that the law of siqariqon should not apply in Jehudah. When was this said? About war killings before the war. But about anybody killed in and after the war, the notion of siqariqon does not apply.” But are those killed before the war not like those killed after the war? Explain it that a siqariqon came and robbed and suppressed; there was no time left to write the sales contract before murder engulfed the entire world, that practice should not be partial.

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

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

Rebbi Phineas asked: For what did they impose a fine? At a place where they sow and eat or at a place where they sow but do not eat? What is the difference? If one saw him buying from Saracens. It is forbidden; if you say at a place where they sow and eat, if one saw him buying from Saracens it is permitted.

Rebbi Phineas asked: For what did they impose a fine? At a place where they sow and eat or at a place where they sow but do not eat? What is the difference? If one saw him buying from Saracens. It is forbidden; if you say at a place where they sow and eat, if one saw him buying from Saracens it is permitted.

It is written: “His master shall bring him to the judges, or he shall bring him to the door.” How is that? The one who was sold by the court, “his master shall bring him to the judges.” The one who sold himself, “or he shall bring him to the door.” Rebbi Immi asked: It is obvious that the court writes the contract for him who was sold by the court. Who is writing the contract for him who sells himself? It is written: “It shall not be hard in your eyes to send him away free from you; for twice the hire of a hireling he served you for six years.” The hired hand works during the day; he does not work in the night. The Hebrew slave works both day and night. It is written: “He shall not treat him harshly before your eyes,” and you say so? Rebbi Immi in the name of Rebbi Joḥanan: His master marries him to a Canaanite slave; it turns out that he serves him day and night. Rebbi Abba bar Mamai asked before Rebbi Immi: Think of it, if he was buying a Cohen! He answered him: Would the case of an Israel not also be permission of something prohibited following Rebbi Simeon? Rebbi Abba bar Mamai here changed his mind.

Rebbi Simeon ben Laqish said, “or buying from your neighbor’s hand”, from you neighbor’s hand you need an act of acquisition; you do not need an act of acquisition from the Gentile’s hand. In Rebbi Simeon ben Laqish’s opinion, why does one deliver a person to “Him Who exacted retribution”? Rebbi Yose ben Rebbi Abun said, it follows the Tanna who stated: “Nobody dealing in words only may one deliver to “Him Who exacted retribution”.

MISHNAH: Just as there is cheating in trade so there is cheating by words. One should not say to another: how much for this object, if he is not interested in buying. If somebody was a repentant sinner, one should not say to him: remember your earlier deeds. If somebody was the son of a proselyte, one may not say to him: remember the deeds of your forefathers, for it is written: “A sojourner you may neither cheat nor oppress, for you were sojourners in the Land of Egypt.” One does not mix produce, not even new with new; no need to say new with old. In truth they permitted to mix strong wine with weak since it improves it. One does not mix wine lees with wine but one delivers the lees with the wine. If water became mixed with somebody’s wine, he should not sell it in the store unless he declares it, and not to a trader for that one would only use it to trick people; at a place where they usually put water into the wine they may do so. The trader may buy from five threshing floors and put into one chest, wine from five wine presses and put into one barrel, on condition that he not intend to mix. Rebbi Jehudah says, a store owner should not distribute roasted kernels and nuts to children because he induces them to come to him, but the Sages permit. He should not reduce the price, but the Sages say, may he be remembered as a benefactor. He should not clean the groats following Abba Shaul, but the Sages permit it. However, they agree that he may not clean the upper layer of the chest since that gives a dishonest impression. One may not put makeup on humans, animals, or vessels.

MISHNAH: One who contracts with another for a field, for ten kor of wheat per year. If it was damaged, he delivers from it. If the wheat turned out to be of high quality, he may not tell him: I am buying wheat in the market, but he delivers from the yield.

Rebbi Isaac and Rebbi Immi were sitting and asking, is it not written: On that day they slaughtered of the booty for the Eternal? They explained it, but we do not know whether the colleagues explained it or Rebbi Immi explained it, from previous ones, from booty which was in their hands they sacrificed. But is it not written: The men of Bet Shemesh brought an elevation offering and slaughtered family offerings to the Eternal, oxen? Can we learn anything from the rulers of the Philistines? Did not Rebbi Abbahu say in the name of Rebbi Yose ben Ḥanina, they even sacrificed females, the cows they offered as elevation offering to the Eternal. But is it not written, Saul said, they brought them from the Amalekite? One does not learn from Saul; as Rebbi Simeon ben Laqish said, Saul was a sycamore shoot. But it is not written, David bought the threshing floor? He bought but did not sacrifice. But is it not written, Arawna said to the king, may the Eternal, your God, have pleasure with you. May he find pleasure with you in prayer. But is it not written, Also from the hand of a stranger you should not bring your God’s bread from any of these? From any of these you do not sacrifice; you buy unblemished ones and sacrifice. What does Rebbi Eliezer do with this? You are buying for money and sacrifice? The one who stated “for money” cannot follow Rebbi Eliezer.