collect

It was stated: “If she collects in his absence, she shall not be able to collect without an oath.” Can one collect from a person in his absence? Rebbi Jeremiah said, explain it about a contract for which interest is due. Would the court collect interest? Explain that it was guaranteed for a Gentile.

It was stated: “If she collects in his absence, she shall not be able to collect without an oath.” Can one collect from a person in his absence? Rebbi Jeremiah said, explain it about a contract for which interest is due. Would the court collect interest? Explain that it was guaranteed for a Gentile.

It was stated: If an heir’s father held a partially paid promissory note, the son collects without swearing. In this the son’s power is greater than the father’s since the father can collect only by swearing. Rebbi Eleazar said, nevertheless he has to execute an heir’s oath, “that our father did not charge us, that our father did not tell us, that we did not find a document among our father’s documents stating that this note was paid.” Therefore, if there was a document, the note was paid. Rebbi Hoshaia asked, does the baraita follow the House of Shammai? For the House of Shammai say, “she collects her ketubah and does not drink.” Rebbi Yose said, there the reason of the House of Shammai is: bring my husband and I shall drink! But here, it would be in order that even his father would not have to swear. They instituted a rule that he has to swear. They instituted this for him, but not for his son. When he died, you put his son on the biblical rule.

If a father became obligated to swear in court and died, his son cannot collect. If it were otherwise, what could we say? Can a man let his son inherit an obligation to swear? Rebbi Ba said, it was said as follows: if a man compromised his document in court, his son cannot collect. Rav Ḥisda asked: Because he walked two steps, does he lose? If he compromised it outside the court, he collects. Because he compromised it in court, he cannot collect?

If a father became obligated to swear in court and died, his son cannot collect. If it were otherwise, what could we say? Can a man let his son inherit an obligation to swear? Rebbi Ba said, it was said as follows: if a man compromised his document in court, his son cannot collect. Rav Ḥisda asked: Because he walked two steps, does he lose? If he compromised it outside the court, he collects. Because he compromised it in court, he cannot collect?

If a father became obligated to swear in court and died, his son cannot collect. If it were otherwise, what could we say? Can a man let his son inherit an obligation to swear? Rebbi Ba said, it was said as follows: if a man compromised his document in court, his son cannot collect. Rav Ḥisda asked: Because he walked two steps, does he lose? If he compromised it outside the court, he collects. Because he compromised it in court, he cannot collect?

When Israel came to exact vengeance from Midian, they found there Bileam ben Beor. What did he do there? He came to collect his wages for the 24’000 of Israel who died at Shittim. Phineas told him, you followed neither your Creator nor Balaq. You did not follow your Creator, Who told you, do not go with Balaq’s emissaries, but you went. You did not follow Balaq who told you to come and curse Israel, but you blessed them. I also will not hold back your wages. That is what is written: The Children of Israel slew Bileam ben Beor the sorcerer on top of their slain. What means on their slain? That he was as important as all their slain. Another explanation, on their slain. Just as their slain were irrelevant, so he was irrelevant. Another explanation, on their slain. He was flying over their corpses, but Phineas showed him the [High Priest’s] diadem and he fell down. Another explanation, on their slain. This teaches that Israel paid him his wages in full and did not hold back.

MISHNAH: All its spoils you shall collect in its public square. If it has no public square, one creates a public square in it. If its public square was outside, one collects it inside, for it is said: In its public square you shall burn the town and all its spoils in fire; its spoils but not Heaven’s spoils. From here they said that dedicated objects in it shall be redeemed, heaves shall be left to rot, Second Tithes and Holy Scriptures shall be put away. Totally for the Eternal, your God. Rebbi Simeon said, if you judge the seduced town, I will credit it for you as if you brought an entire elevation offering before Me. It shall be an eternal mound, it shall not berebuilt. It should not even be made into gardens and orchards, the words of Rebbi Yose the Galilean. Rebbi Aqiba says, it shall not be rebuilt as it was but it may be made into gardens and orchards. Nothing of what should be destroyed shall stick to your hands, so the Eternal may change from His anger to grant you mercy, have mercy on you and increase you, etc. Any time evildoers are in the world, anger is in the world; when the evildoers are lost from the world, anger passes away from the world.

HALAKHAH: All its spoils you shall collect, etc. Rebbi Simeon said, is there not an argument de minore ad majus about this? Since properties, which have no knowledge of good or bad, but because they caused the just to dwell with the evildoers the Torah said, should be burned, if somebody has the intention of influencing his neighbor and influences him from good ways to bad ones, not so much more? Rebbi Eleazar said, the matter is demonstrated by Lot who dwelt in Sodom only because of his money but left there with his hands on his head. This is what is written: Quickly escape to there; it is enough for you that you escape with your life.

Rebbi Immi said, those who write, “on condition that I have the right to seize movables,” cannot collect. Rebbi Mana said, if he writes and declares, “even though the Court will not enforce,” he collects.

MISHNAH: All who must swear by Torah standards do swear not to pay. The following do swear and collect: The journeyman, a person robbed or injured, and one whose opponent is suspected of perjury, and the grocer on his account book. How does the journeyman do it? He tells him, “give me my wages which you are holding;” he says, “I gave.” He swears and collects. Rebbi Jehudah says, only if there is partial admission. How is this? He tells him, “give me my wages of fifty denarii which you are holding;” but he says, “you received from these a gold denar.”

Rebbi Abin said, since the householder has many occupations they instituted that the journeyman should swear and collect. [Rebbi Yose ben Rebbi Abun said, there they instituted that the journeyman should swear and collect;] similarly they instituted for the householder that if its deadline had elapsed, he cannot swear and collect. Rebbi Ḥiyya stated, if there are witnesses that he claimed it in time, he swears and collects even after a year. Rebbi Yose said, he has only that single day. Rebbi Jonah said, Rebbi Yose ben Rebbi Ḥanina and Rebbi Simeon ben Laqish disagreed. One said, if he claimed from him during daytime, he has only that day; if in the night he has only that night. But the other said, if he claimed from him and he said, I gave. But if he said, I shall give, the presumption is that he gave. We do not know who said what. Since Rebbi Ḥama bar Uqba said in the name of Rebbi Simeon ben Laqish: if he claimed from him during daytime, he has only that day; if in the night he has only that night, therefore Rebbi Yose ben Rebbi Ḥanina is the one who said, if he claimed from him and he said, I gave. But if he said, I shall give, the presumption is that he gave. Rebbi Mana said, sometimes he claims after its time and it is considered as in time. How is this? He claimed from him and he said to him, did I not say to you that I gave at that date? That date becomes as if it were yesterday; one gives him one measure.

Rebbi Abin said, since the householder has many occupations they instituted that the journeyman should swear and collect. [Rebbi Yose ben Rebbi Abun said, there they instituted that the journeyman should swear and collect;] similarly they instituted for the householder that if its deadline had elapsed, he cannot swear and collect. Rebbi Ḥiyya stated, if there are witnesses that he claimed it in time, he swears and collects even after a year. Rebbi Yose said, he has only that single day. Rebbi Jonah said, Rebbi Yose ben Rebbi Ḥanina and Rebbi Simeon ben Laqish disagreed. One said, if he claimed from him during daytime, he has only that day; if in the night he has only that night. But the other said, if he claimed from him and he said, I gave. But if he said, I shall give, the presumption is that he gave. We do not know who said what. Since Rebbi Ḥama bar Uqba said in the name of Rebbi Simeon ben Laqish: if he claimed from him during daytime, he has only that day; if in the night he has only that night, therefore Rebbi Yose ben Rebbi Ḥanina is the one who said, if he claimed from him and he said, I gave. But if he said, I shall give, the presumption is that he gave. Rebbi Mana said, sometimes he claims after its time and it is considered as in time. How is this? He claimed from him and he said to him, did I not say to you that I gave at that date? That date becomes as if it were yesterday; one gives him one measure.

Rebbi Abin said, since the householder has many occupations they instituted that the journeyman should swear and collect. [Rebbi Yose ben Rebbi Abun said, there they instituted that the journeyman should swear and collect;] similarly they instituted for the householder that if its deadline had elapsed, he cannot swear and collect. Rebbi Ḥiyya stated, if there are witnesses that he claimed it in time, he swears and collects even after a year. Rebbi Yose said, he has only that single day. Rebbi Jonah said, Rebbi Yose ben Rebbi Ḥanina and Rebbi Simeon ben Laqish disagreed. One said, if he claimed from him during daytime, he has only that day; if in the night he has only that night. But the other said, if he claimed from him and he said, I gave. But if he said, I shall give, the presumption is that he gave. We do not know who said what. Since Rebbi Ḥama bar Uqba said in the name of Rebbi Simeon ben Laqish: if he claimed from him during daytime, he has only that day; if in the night he has only that night, therefore Rebbi Yose ben Rebbi Ḥanina is the one who said, if he claimed from him and he said, I gave. But if he said, I shall give, the presumption is that he gave. Rebbi Mana said, sometimes he claims after its time and it is considered as in time. How is this? He claimed from him and he said to him, did I not say to you that I gave at that date? That date becomes as if it were yesterday; one gives him one measure.

MISHNAH: The grocer on his account book, how? Not that he says to him, it is written in my account book that you owe me 200 denars, but he said to him, give my son two se’ah of wheat, or my worker small change for a tetradrachma. He says, I gave, but they say, we did not take. He swears and collects, and they swear and collect. Ben Nannas said, how? Both are induced to swear falsely! But he takes without an oath and they take without an oath.

That is to say, only if he did not introduce them. But if he introduced them, the householder has no liability, following what Rebbi Jehudah bar Shalom said: One did introduce the porters to the food merchants. They came, but they sent them away without giving them anything. The case came before Rebbi Shammai. Since if the food merchants had said that they took, would at the end not these and those collect? Therefore, they shall collect immediately.

That is to say, only if he did not introduce them. But if he introduced them, the householder has no liability, following what Rebbi Jehudah bar Shalom said: One did introduce the porters to the food merchants. They came, but they sent them away without giving them anything. The case came before Rebbi Shammai. Since if the food merchants had said that they took, would at the end not these and those collect? Therefore, they shall collect immediately.

MISHNAH: If she had compromised her ketubah, she shall not be able to collect without an oath. If one witness testifies that [the ketubah] was paid, she shall not be able to collect without an oath. From encumbered property, or from orphans’ property, she shall not be able to collect without an oath. If she collects in his absence, she shall not be able to collect without an oath. Similarly, the orphans can collect only by an oath; “an oath that our father did not instruct us, our father did not tell us, and we found nothing in our father’s documents that this note of indebtedness was paid.” Rebbi Joḥanan ben Beroqa testified that even if the son was born after the father’s death he swears and collects. Rabban Simeon ben Gamliel said, if there are witnesses that the father said on his death bed that this note of indebtedness was not paid, he collects without oath.

MISHNAH: If she had compromised her ketubah, she shall not be able to collect without an oath. If one witness testifies that [the ketubah] was paid, she shall not be able to collect without an oath. From encumbered property, or from orphans’ property, she shall not be able to collect without an oath. If she collects in his absence, she shall not be able to collect without an oath. Similarly, the orphans can collect only by an oath; “an oath that our father did not instruct us, our father did not tell us, and we found nothing in our father’s documents that this note of indebtedness was paid.” Rebbi Joḥanan ben Beroqa testified that even if the son was born after the father’s death he swears and collects. Rabban Simeon ben Gamliel said, if there are witnesses that the father said on his death bed that this note of indebtedness was not paid, he collects without oath.

MISHNAH: If she had compromised her ketubah, she shall not be able to collect without an oath. If one witness testifies that [the ketubah] was paid, she shall not be able to collect without an oath. From encumbered property, or from orphans’ property, she shall not be able to collect without an oath. If she collects in his absence, she shall not be able to collect without an oath. Similarly, the orphans can collect only by an oath; “an oath that our father did not instruct us, our father did not tell us, and we found nothing in our father’s documents that this note of indebtedness was paid.” Rebbi Joḥanan ben Beroqa testified that even if the son was born after the father’s death he swears and collects. Rabban Simeon ben Gamliel said, if there are witnesses that the father said on his death bed that this note of indebtedness was not paid, he collects without oath.

MISHNAH: If she had compromised her ketubah, she shall not be able to collect without an oath. If one witness testifies that [the ketubah] was paid, she shall not be able to collect without an oath. From encumbered property, or from orphans’ property, she shall not be able to collect without an oath. If she collects in his absence, she shall not be able to collect without an oath. Similarly, the orphans can collect only by an oath; “an oath that our father did not instruct us, our father did not tell us, and we found nothing in our father’s documents that this note of indebtedness was paid.” Rebbi Joḥanan ben Beroqa testified that even if the son was born after the father’s death he swears and collects. Rabban Simeon ben Gamliel said, if there are witnesses that the father said on his death bed that this note of indebtedness was not paid, he collects without oath.

MISHNAH: If she had compromised her ketubah, she shall not be able to collect without an oath. If one witness testifies that [the ketubah] was paid, she shall not be able to collect without an oath. From encumbered property, or from orphans’ property, she shall not be able to collect without an oath. If she collects in his absence, she shall not be able to collect without an oath. Similarly, the orphans can collect only by an oath; “an oath that our father did not instruct us, our father did not tell us, and we found nothing in our father’s documents that this note of indebtedness was paid.” Rebbi Joḥanan ben Beroqa testified that even if the son was born after the father’s death he swears and collects. Rabban Simeon ben Gamliel said, if there are witnesses that the father said on his death bed that this note of indebtedness was not paid, he collects without oath.

There, we have stated: “If she had compromised her ketubah, she shall not be able to collect without an oath. How is this? If her ketubah was a thousand denars and he says to her, you received your ketubah, but she says, I received only one mina, she cannot collect without an oath.” It was stated, one who had compromised, not one who had diminished. Rav Ḥisda said, because he went two steps … Because he compromised it in court you say, he cannot collect?

There, we have stated: “If she had compromised her ketubah, she shall not be able to collect without an oath. How is this? If her ketubah was a thousand denars and he says to her, you received your ketubah, but she says, I received only one mina, she cannot collect without an oath.” It was stated, one who had compromised, not one who had diminished. Rav Ḥisda said, because he went two steps … Because he compromised it in court you say, he cannot collect?

There, we have stated: “If she had compromised her ketubah, she shall not be able to collect without an oath. How is this? If her ketubah was a thousand denars and he says to her, you received your ketubah, but she says, I received only one mina, she cannot collect without an oath.” It was stated, one who had compromised, not one who had diminished. Rav Ḥisda said, because he went two steps … Because he compromised it in court you say, he cannot collect?

“Similarly, the orphans can collect only by an oath;” etc. Rebbi Joḥanan in the name of Rebbi Yannai: One pays from an orphan’s property only if interest is due; Rebbi Nathan says, also a woman’s ketubah. Rebbi Mana said, because of her sustenance. Rebbi Mattania said, who is worried about sustenance? Rebbi Simeon! Since Rebbi Simeon said, all depends on the female. What about it? For attraction, that everybody should jump to marry her. Rebbi Nathan said, also for robbery and torts. Rebbi Yose said, we stated both of these. Robbery from the following: “If it was mortgageable, he has to pay.” For torts from the following: “One pays from minor orphans’ property only from the least valuable.” So is the Mishnah: One pays for torts from minor orphans’ property only from the least valuable. But was it not stated, the son shall stand in the father’s place; one estimates torts from the most valuable land, creditors from average quality, and a woman’s ketubah from the least valuable? Rebbi Yose ben Rebbi Abun said, explain it as everybody’s opinion about testamentary dispositions.

Here you say, “one does not swear on the claim of a deaf-and-dumb person, an insane person, or a minor.” But there you say, “one swears for a minor and the Temple.” If one pays from the minor’s property. But can one collect from a person in his absence? Rebbi Jeremiah said, explain it about a contract for which interest is due. Would the court collect interest? Explain it that it was guaranteed for a Gentile.

Here you say, “one does not swear on the claim of a deaf-and-dumb person, an insane person, or a minor.” But there you say, “one swears for a minor and the Temple.” If one pays from the minor’s property. But can one collect from a person in his absence? Rebbi Jeremiah said, explain it about a contract for which interest is due. Would the court collect interest? Explain it that it was guaranteed for a Gentile.

It was stated: In a town where Gentiles and Jews live together, if the Gentiles contribute the overseers of charity collect from them and from Jews, and provide for Gentile and Jewish poor, visit Gentile and Jewish sick, console Gentile and Jewish mourners, and bury Gentile and Jewish dead. Also one takes in vessels from Gentiles and Jews for the sake of peaceful coexistence. The weavers asked Rebbi Immi, what about a Gentile wedding feast? He wanted to permit it to them from this: “for the sake of peaceful coexistence.” Rebbi Abba told him, did not Rebbi Ḥiyya state that a Gentile wedding feast is forbidden? Rebbi Immi said, if it had not been for Rebbi Abba we would have come to permit their pagan worship; praise be the Omnipresent Who distanced us from them.

It was stated: “For thirty days he will not come.” What means “for thirty days he will not come”? Samuel said, if somebody gives a loan to a person without specifying details, he has no right to ask for payment until after 30 days. Rebbi Jehudah came and explained: The Sabbatical year, the remitting year, is close. Is not the Sabbatical year the remitting year? Why does the verse say, the Sabbatical year, the remitting year, is close? Lest you say, I am not permitted to ask for payment until after 30 days; after 30 days the debt will be remitted and I will not collect. Therefore, it must say, the Sabbatical year, the remitting year, is close. Did not Rebbi Abba bar Mamal, Rav Amram, Rav Mattanah say in the name of Rav: If somebody makes a loan to another person stipulating that he will not press for repayment, the Sabbatical will remit it? It was found stated by Rebbi Ismael: The Sabbatical year, the remitting year, is close. Is not the Sabbatical year the remitting year? Why does the verse say, the Sabbatical year, the remitting year, is close? Lest you say, the entire six years his vineyard is available, his field is available but after six years the debt is remitted and I cannot collect. Therefore, it must say, the Sabbatical year, the remitting year, is close.

It was stated: “For thirty days he will not come.” What means “for thirty days he will not come”? Samuel said, if somebody gives a loan to a person without specifying details, he has no right to ask for payment until after 30 days. Rebbi Jehudah came and explained: The Sabbatical year, the remitting year, is close. Is not the Sabbatical year the remitting year? Why does the verse say, the Sabbatical year, the remitting year, is close? Lest you say, I am not permitted to ask for payment until after 30 days; after 30 days the debt will be remitted and I will not collect. Therefore, it must say, the Sabbatical year, the remitting year, is close. Did not Rebbi Abba bar Mamal, Rav Amram, Rav Mattanah say in the name of Rav: If somebody makes a loan to another person stipulating that he will not press for repayment, the Sabbatical will remit it? It was found stated by Rebbi Ismael: The Sabbatical year, the remitting year, is close. Is not the Sabbatical year the remitting year? Why does the verse say, the Sabbatical year, the remitting year, is close? Lest you say, the entire six years his vineyard is available, his field is available but after six years the debt is remitted and I cannot collect. Therefore, it must say, the Sabbatical year, the remitting year, is close.

Rebbi Yose ben Ḥanina said, if he was splitting wood in his courtyard, when a worker entered to collect his wages, and a splinter ricocheted and injured him, he is liable. If he died, he does not go into exile, for it is not like a forest. Rebbi Ḥanina stated, he is not liable. They do not disagree. What Rebbi Yose ben Ḥanina said, when they did not see him. But what Rebbi Ḥiyya stated, when they saw him. When they did not see him, from the moment he told him: enter, should he not be liable? Rebbi Ḥiyya stated, he is not liable. Since he told him: enter, he has to take precautions. Some would say, since he told him to enter, it becomes like the courtyard of partners. Rebbi Ḥiyya in the name of Rebbi Joḥanan: Partners acquire from one another in a courtyard; they object to one another in a courtyard, and are mutually liable for damages. But did not Rav say, if he filled the entire public domain? This did not fill the entire public domain! Since they usually walk in the entire domain, it is as if he had filled the entire domain.

There is a teaching : Hillel the Elder says : When people collect [learning], do thou scatter ; when they scatter [learning], do thou collect. If thou seest a generation to which Torah is dear, do thou scatter ; as it is said, "There is that scattereth, and yet increaseth" (Prov. xi. 24); but if thou seest a generation to which Torah is not dear, do thou collect ; as it is said, "It is time for the Lord to work ; they have made void Thy Law."

There is a teaching : Hillel the Elder says : When people collect [learning], do thou scatter ; when they scatter [learning], do thou collect. If thou seest a generation to which Torah is dear, do thou scatter ; as it is said, "There is that scattereth, and yet increaseth" (Prov. xi. 24); but if thou seest a generation to which Torah is not dear, do thou collect ; as it is said, "It is time for the Lord to work ; they have made void Thy Law."

There is a teaching : Hillel the Elder says : When people collect [learning], do thou scatter ; when they scatter [learning], do thou collect. If thou seest a generation to which Torah is dear, do thou scatter ; as it is said, "There is that scattereth, and yet increaseth" (Prov. xi. 24); but if thou seest a generation to which Torah is not dear, do thou collect ; as it is said, "It is time for the Lord to work ; they have made void Thy Law."

and you expect it to come now? He then went in good spirits to the bath-house. But while the general was on his way to the bath-house, Naḳdimon went to the Temple, wrapped himself in his cloak and prayed; Master of the world! It is well known before Thee that I did not do it for my own glory or for that of my father's house, but for Thy glory, that the pilgrims should have water. Immediately the skies became clouded and rain began to fall, so that all wells overflowed with water. While the general was coming from the bath-house, Naḳdimon came from the Temple, and when they met, the former said to the latter: I know that it is for you alone that your God disturbed His world. However, I can still maintain my claim against you, so as to get my money from you, for the sun had set and the rain came during the time that belonged to me. Naḳdimon returned to the Temple, wrapped himself and again stood in prayer, saying: Master of the world! As Thou hast performed a miracle for me before, do it also now! Immediately the wind blew, the clouds were dispersed and the sun shone. The general then said: Were it not that the sun shone, I would have had a claim against you, to collect my money from you.

Even though you would not be able to collect the loan , in the end he can come to collect.

Even though you would not be able to collect the loan , in the end he can come to collect.

Some say, R' Yehudah said in the name of R' Shmuel a loan for ten years is not cancelled. And even though eventually he will come to collect, however you cannot collect it.

Some say, R' Yehudah said in the name of R' Shmuel a loan for ten years is not cancelled. And even though eventually he will come to collect, however you cannot collect it.