eqel

MISHNAH: He who gives a tetradrachma for change of Second Tithe money, the House of Shammai say small change for the entire tetradrachma but the House of Hillel say one šeqel silver coin and one šeqel small coin. Rebbi Meïr says, one does not exchange silver coin and produce for silver coin, but the Sages permit it. He who gives a tetradrachma for change of Second Tithe money, the House of Shammai say small change for the entire tetradrachma but the House of Hillel say one šeqel silver coin and one šeqel small coin. Rebbi Meïr says, one does not exchange silver coin and produce for silver coin, but the Sages permit it. If part of one’s children were pure and part impure, he puts down the tetradrachma and says, this tetradrachma shall be exchanged for what the pure are drinking. It turns out that the pure and the impure may drink from the same pitcher.

MISHNAH: He who gives a tetradrachma for change of Second Tithe money, the House of Shammai say small change for the entire tetradrachma but the House of Hillel say one šeqel silver coin and one šeqel small coin. Rebbi Meïr says, one does not exchange silver coin and produce for silver coin, but the Sages permit it. He who gives a tetradrachma for change of Second Tithe money, the House of Shammai say small change for the entire tetradrachma but the House of Hillel say one šeqel silver coin and one šeqel small coin. Rebbi Meïr says, one does not exchange silver coin and produce for silver coin, but the Sages permit it. If part of one’s children were pure and part impure, he puts down the tetradrachma and says, this tetradrachma shall be exchanged for what the pure are drinking. It turns out that the pure and the impure may drink from the same pitcher.

MISHNAH: He who gives a tetradrachma for change of Second Tithe money, the House of Shammai say small change for the entire tetradrachma but the House of Hillel say one šeqel silver coin and one šeqel small coin. Rebbi Meïr says, one does not exchange silver coin and produce for silver coin, but the Sages permit it. He who gives a tetradrachma for change of Second Tithe money, the House of Shammai say small change for the entire tetradrachma but the House of Hillel say one šeqel silver coin and one šeqel small coin. Rebbi Meïr says, one does not exchange silver coin and produce for silver coin, but the Sages permit it. If part of one’s children were pure and part impure, he puts down the tetradrachma and says, this tetradrachma shall be exchanged for what the pure are drinking. It turns out that the pure and the impure may drink from the same pitcher.

MISHNAH: He who gives a tetradrachma for change of Second Tithe money, the House of Shammai say small change for the entire tetradrachma but the House of Hillel say one šeqel silver coin and one šeqel small coin. Rebbi Meïr says, one does not exchange silver coin and produce for silver coin, but the Sages permit it. He who gives a tetradrachma for change of Second Tithe money, the House of Shammai say small change for the entire tetradrachma but the House of Hillel say one šeqel silver coin and one šeqel small coin. Rebbi Meïr says, one does not exchange silver coin and produce for silver coin, but the Sages permit it. If part of one’s children were pure and part impure, he puts down the tetradrachma and says, this tetradrachma shall be exchanged for what the pure are drinking. It turns out that the pure and the impure may drink from the same pitcher.

It was stated: A person may earn up to a šeqel, a person may earn up to a quarter. How is this done? A denar here is worth 2000, but in Arbel 2000 and a laqan. He wants to give 50 myriads and brings it up, here by 2000 and in Arbel by 2[000] and laqan.

Rebbi Yasa said, when I still was there I heard the voice of Rav Jehudah asking Samuel, if somebody put aside his šeqel and died? He told him, it should be used for voluntary gifts. The excess of his tenth of an epha, Rebbi Joḥanan said, he should bring it to the Dead Sea; Rebbi Eleazar said, it should be used for voluntary gifts. They asked before him: May one cede rights from courtyard to courtyard? He told them, one may cede rights from courtyard to courtyard.

HALAKHAH: “The ketubah of a virgin is 200 and that of a widow one mina,” etc. Huna in the name of Samuel: In the Temple šeqel. Rebbi Abba bar Bina said, circulating coin. A Mishnah supports Rebbi Abba bar Bina: “The five tetradrachmas of the firstborn are in Tyrian coinage, the 30 of the slave, the 50 of the rapist and the seducer, the 100 of the slanderer, are all computed in Temple šeqels in Tyrian coinage.” A woman’s ketubah is not stated with them. Rebbi Abin said, did they not learn the ketubah of a woman from the rapist and the seducer? Since the rapist and the seducer are mentioned, it is as if women’s ketubah was stated with them.

There came a case before Rebbi Ḥanina of a woman whose ketubah was less than 200 zuz, and he said, she should take what he had written for her. He said to Rebbi Mana, sit down and sign. He answered, follow your argument and sign yourself, did not Rebbi Ḥiyya say in the name of Samuel, by the Temple šeqel? Rebbi Eudaimon of Sepphoris in the name of Rebbi Ḥuna: Because of a renunciation. Now, should a woman whose ketubah was for less than 200 [zuz] not hide her ketubah in order to collect by the Temple šeqel? They said in the name of Rebbi Ḥuna, at a place where one does not write a ketubah. But at a place where one writes a ketubah, what she presents she collects. Rebbi Joḥanan said, it was stated thus: If a deaf-mute man married a hearing wife, she has no claim for support nor ketubah, but if she died, he inherits from her, for she wanted to connect him with her property, but he could not want to connect her with his property. If a hearing male married a deaf-mute woman, she has a claim to support and ketubah, but if she died, he does not inherit, for he wanted to connect her with his property, but she could not want to connect him with her property. But can a deaf-mute woman acquire and have ketubah? Rebbi Jeremiah in the name of Rebbi Eleazar, explain it that at the moment he married her, she was hearing. Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar, he married her when she was hearing but she turned deaf-mute. In any case, did he not marry her when she was hearing? Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar, explain it that she was deaf-mute and turned hearing; he married her when she was hearing and she turned deaf. That you should not say, because at the start she was deaf-mute she has [no] ketubah, therefore it is necessary to say that she (does not have) [has]. Rebbi Yose does not say so, but since if one has sexual relations with a deaf-mute, is he not liable for a fine? Only if there were no fine would there be no ketubah. Rebbi Yudan said, does that depend on a fine? Look, the adult woman collects no fine but her ketubah is 200, the virgin after marriage collects a fine but her ketubah is a mina!

There came a case before Rebbi Ḥanina of a woman whose ketubah was less than 200 zuz, and he said, she should take what he had written for her. He said to Rebbi Mana, sit down and sign. He answered, follow your argument and sign yourself, did not Rebbi Ḥiyya say in the name of Samuel, by the Temple šeqel? Rebbi Eudaimon of Sepphoris in the name of Rebbi Ḥuna: Because of a renunciation. Now, should a woman whose ketubah was for less than 200 [zuz] not hide her ketubah in order to collect by the Temple šeqel? They said in the name of Rebbi Ḥuna, at a place where one does not write a ketubah. But at a place where one writes a ketubah, what she presents she collects. Rebbi Joḥanan said, it was stated thus: If a deaf-mute man married a hearing wife, she has no claim for support nor ketubah, but if she died, he inherits from her, for she wanted to connect him with her property, but he could not want to connect her with his property. If a hearing male married a deaf-mute woman, she has a claim to support and ketubah, but if she died, he does not inherit, for he wanted to connect her with his property, but she could not want to connect him with her property. But can a deaf-mute woman acquire and have ketubah? Rebbi Jeremiah in the name of Rebbi Eleazar, explain it that at the moment he married her, she was hearing. Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar, he married her when she was hearing but she turned deaf-mute. In any case, did he not marry her when she was hearing? Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar, explain it that she was deaf-mute and turned hearing; he married her when she was hearing and she turned deaf. That you should not say, because at the start she was deaf-mute she has [no] ketubah, therefore it is necessary to say that she (does not have) [has]. Rebbi Yose does not say so, but since if one has sexual relations with a deaf-mute, is he not liable for a fine? Only if there were no fine would there be no ketubah. Rebbi Yudan said, does that depend on a fine? Look, the adult woman collects no fine but her ketubah is 200, the virgin after marriage collects a fine but her ketubah is a mina!

HALAKHAH: “One who says, I seduced X’s daughter,” etc. Rebbi Isaac asked: Would he have to pay the slave’s value on his own testimony? What is his problem? Are the entire 30 [šeqel] a fine or is only the excess over his value a fine? If you say, the entire 30 [šeqel] are a fine, he does not pay. If you say, the excess over his value is a fine, he pays. There, we have stated: “‘Your ox killed my slave’! The other said, ‘he did not kill’. ‘I want you to swear’ and he said ‘Amen’, he is free.” Rebbi Ḥaggai said before Rebbi Yose, explain it if he killed a slave afflicted with boils. He said to him, what does it say afterwards? “‘Your ox killed my son’! The other said, ‘he did not kill’. ‘I want you to swear’ and he said ‘Amen’, he is obligated.” Why do you not explain it that he was afflicted with boils, then he would be free. Rebbi Ḥaggai said before Rebbi Yose, explain it following him who says “he shall pay the redemption of his person”, the one’s who caused the damage. He said to him, if following him who says “he shall pay the redemption of his person”, the one’s who caused the damage, everything is a fine. Can one say to him, be also in the clear with Heaven? Let us hear from the following: It happened that Rabban Gamliel knocked out his slave Tebi’s tooth. He came to Rebbi Joshua and said to him, I found a reason to free my slave Tebi. He said to him, what do you have in your hand? Fines can be imposed only by witnesses! Could they not say to him, do your duty before Heaven? That means one does not tell him, do your duty before Heaven! Rebbi Gamliel ben Avina asked before Rebbi Mana: Does Rabban Gamliel follow him who said, it is permitted to manumit? He said to him, the story in itself implies that it is forbidden to manumit since, otherwise, he could have freed him immediately!

HALAKHAH: “One who says, I seduced X’s daughter,” etc. Rebbi Isaac asked: Would he have to pay the slave’s value on his own testimony? What is his problem? Are the entire 30 [šeqel] a fine or is only the excess over his value a fine? If you say, the entire 30 [šeqel] are a fine, he does not pay. If you say, the excess over his value is a fine, he pays. There, we have stated: “‘Your ox killed my slave’! The other said, ‘he did not kill’. ‘I want you to swear’ and he said ‘Amen’, he is free.” Rebbi Ḥaggai said before Rebbi Yose, explain it if he killed a slave afflicted with boils. He said to him, what does it say afterwards? “‘Your ox killed my son’! The other said, ‘he did not kill’. ‘I want you to swear’ and he said ‘Amen’, he is obligated.” Why do you not explain it that he was afflicted with boils, then he would be free. Rebbi Ḥaggai said before Rebbi Yose, explain it following him who says “he shall pay the redemption of his person”, the one’s who caused the damage. He said to him, if following him who says “he shall pay the redemption of his person”, the one’s who caused the damage, everything is a fine. Can one say to him, be also in the clear with Heaven? Let us hear from the following: It happened that Rabban Gamliel knocked out his slave Tebi’s tooth. He came to Rebbi Joshua and said to him, I found a reason to free my slave Tebi. He said to him, what do you have in your hand? Fines can be imposed only by witnesses! Could they not say to him, do your duty before Heaven? That means one does not tell him, do your duty before Heaven! Rebbi Gamliel ben Avina asked before Rebbi Mana: Does Rabban Gamliel follow him who said, it is permitted to manumit? He said to him, the story in itself implies that it is forbidden to manumit since, otherwise, he could have freed him immediately!

”If somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a tetradrachma. Do not give them more than one šeqel per week, one gives them a šeqel. But for the support of the wife and the daughters, whether he says give or do not give, one gives them a šeqel. It was stated: Rabban Simeon ben Gamliel says, Meïr used to say, if somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a šeqel, and for the remainder they should be provided for by charity. But the Sages say, one takes continuously until the property is used up and after that they should be provided by charity.” Rebbi Yose said, that gives a simple example for Ḥilfai’s question. He said, I shall sit on the river bank and if I cannot extract the teachings of the elder Rebbi Ḥiyya from the Mishnah, throw me into the river. What could he say? “The trustee should execute what he was entrusted with.”

”If somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a tetradrachma. Do not give them more than one šeqel per week, one gives them a šeqel. But for the support of the wife and the daughters, whether he says give or do not give, one gives them a šeqel. It was stated: Rabban Simeon ben Gamliel says, Meïr used to say, if somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a šeqel, and for the remainder they should be provided for by charity. But the Sages say, one takes continuously until the property is used up and after that they should be provided by charity.” Rebbi Yose said, that gives a simple example for Ḥilfai’s question. He said, I shall sit on the river bank and if I cannot extract the teachings of the elder Rebbi Ḥiyya from the Mishnah, throw me into the river. What could he say? “The trustee should execute what he was entrusted with.”

”If somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a tetradrachma. Do not give them more than one šeqel per week, one gives them a šeqel. But for the support of the wife and the daughters, whether he says give or do not give, one gives them a šeqel. It was stated: Rabban Simeon ben Gamliel says, Meïr used to say, if somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a šeqel, and for the remainder they should be provided for by charity. But the Sages say, one takes continuously until the property is used up and after that they should be provided by charity.” Rebbi Yose said, that gives a simple example for Ḥilfai’s question. He said, I shall sit on the river bank and if I cannot extract the teachings of the elder Rebbi Ḥiyya from the Mishnah, throw me into the river. What could he say? “The trustee should execute what he was entrusted with.”

”If somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a tetradrachma. Do not give them more than one šeqel per week, one gives them a šeqel. But for the support of the wife and the daughters, whether he says give or do not give, one gives them a šeqel. It was stated: Rabban Simeon ben Gamliel says, Meïr used to say, if somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a šeqel, and for the remainder they should be provided for by charity. But the Sages say, one takes continuously until the property is used up and after that they should be provided by charity.” Rebbi Yose said, that gives a simple example for Ḥilfai’s question. He said, I shall sit on the river bank and if I cannot extract the teachings of the elder Rebbi Ḥiyya from the Mishnah, throw me into the river. What could he say? “The trustee should execute what he was entrusted with.”

”If somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a tetradrachma. Do not give them more than one šeqel per week, one gives them a šeqel. But for the support of the wife and the daughters, whether he says give or do not give, one gives them a šeqel. It was stated: Rabban Simeon ben Gamliel says, Meïr used to say, if somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a šeqel, and for the remainder they should be provided for by charity. But the Sages say, one takes continuously until the property is used up and after that they should be provided by charity.” Rebbi Yose said, that gives a simple example for Ḥilfai’s question. He said, I shall sit on the river bank and if I cannot extract the teachings of the elder Rebbi Ḥiyya from the Mishnah, throw me into the river. What could he say? “The trustee should execute what he was entrusted with.”

”If somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a tetradrachma. Do not give them more than one šeqel per week, one gives them a šeqel. But for the support of the wife and the daughters, whether he says give or do not give, one gives them a šeqel. It was stated: Rabban Simeon ben Gamliel says, Meïr used to say, if somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a šeqel, and for the remainder they should be provided for by charity. But the Sages say, one takes continuously until the property is used up and after that they should be provided by charity.” Rebbi Yose said, that gives a simple example for Ḥilfai’s question. He said, I shall sit on the river bank and if I cannot extract the teachings of the elder Rebbi Ḥiyya from the Mishnah, throw me into the river. What could he say? “The trustee should execute what he was entrusted with.”

HALAKHAH: “If somebody went overseas,” etc. Rebbi Abba bar Mamal asked: If somebody pays off somebody else’s debt without the latter’s knowledge, is that the disagreement of Ḥanan and the High Priests’ sons? Rebbi Yose said, there the reason of the High Priest’s sons is that he would not expect his wife to starve. But here, [the debtor could say:] “I could negotiate with him and he would forgive some.” Think of it, if [the loan] was on a pledge! “I could negotiate with him and he would return my pledge.” So far about a creditor who does not push [for repayment]. Even for a creditor who pushes, we can hear from the following: “He may give his šeqel.” If somebody does not pay his šeqel, does one not take a pledge from him? This says, even for a creditor who pushes. You should know that this is so, as we have stated: “He can bring for him nests for males or females suffering from genital discharges, nests for childbirth, purification and reparation offerings” since nothing of these comes to [the other person’s] hand. And here also, that nothing should come into his hand.

HALAKHAH: “If somebody went overseas,” etc. Rebbi Abba bar Mamal asked: If somebody pays off somebody else’s debt without the latter’s knowledge, is that the disagreement of Ḥanan and the High Priests’ sons? Rebbi Yose said, there the reason of the High Priest’s sons is that he would not expect his wife to starve. But here, [the debtor could say:] “I could negotiate with him and he would forgive some.” Think of it, if [the loan] was on a pledge! “I could negotiate with him and he would return my pledge.” So far about a creditor who does not push [for repayment]. Even for a creditor who pushes, we can hear from the following: “He may give his šeqel.” If somebody does not pay his šeqel, does one not take a pledge from him? This says, even for a creditor who pushes. You should know that this is so, as we have stated: “He can bring for him nests for males or females suffering from genital discharges, nests for childbirth, purification and reparation offerings” since nothing of these comes to [the other person’s] hand. And here also, that nothing should come into his hand.

MISHNAH: If one is under a vow [not to have] usufruct from another, [the other] may give his šeqel, pay his debt and return what he has lost. At a place where one takes a fee for this, the gain should be given to the sacred fund.

HALAKHAH: “If one is under a vow [not to have] usufruct from another,” etc. Rebbi Abba bar Mamal asked: If somebody pays off somebody else’s debt without the latter’s knowledge, is that the disagreement of Ḥanan and the High Priests’ sons? Rebbi Yose said, there the reason of the High Priest’s sons is that nobody expects his wife to die from hunger. But here, [the debtor could say:] “I could negotiate with him and he would forgive some.” Think of it, if [the loan] was on a pledge! “I could negotiate with him and he would return my pledge.” So far about a creditor who does not push [for repayment]. Even for a creditor who pushes, we can hear from the following: “He may give his šeqel. If somebody does not pay his šeqel, does one not take a pledge from him? This says, even for a creditor who pushes. You should know that this is so, as we have stated: “He can bring for him nests for males or females suffering from genital discharges, nests for childbirth, purification and reparation offerings” since nothing of these comes to [the other person’s] hand. And here also, that nothing should come into his hand.

HALAKHAH: “If one is under a vow [not to have] usufruct from another,” etc. Rebbi Abba bar Mamal asked: If somebody pays off somebody else’s debt without the latter’s knowledge, is that the disagreement of Ḥanan and the High Priests’ sons? Rebbi Yose said, there the reason of the High Priest’s sons is that nobody expects his wife to die from hunger. But here, [the debtor could say:] “I could negotiate with him and he would forgive some.” Think of it, if [the loan] was on a pledge! “I could negotiate with him and he would return my pledge.” So far about a creditor who does not push [for repayment]. Even for a creditor who pushes, we can hear from the following: “He may give his šeqel. If somebody does not pay his šeqel, does one not take a pledge from him? This says, even for a creditor who pushes. You should know that this is so, as we have stated: “He can bring for him nests for males or females suffering from genital discharges, nests for childbirth, purification and reparation offerings” since nothing of these comes to [the other person’s] hand. And here also, that nothing should come into his hand.

HALAKHAH: “By how much could a tertradrachma be deficient,” etc. It was stated: “More than that he spends it for its worth, a tetradrachma up to a šeqel, a denar up to a quarter [šeqel]. If it is less than this even by an assarius, he may not spend it. If it was circulating as a blank for a tetradrachma or as a šeqel coin, as a blank for a šeqel or as a tetradrachma coin, he only has the shape of the coin. He should give it neither to a person who condemns property nor to a tax assessor since they defraud people, but he drills a hole into it and hangs it on his son’s neck. When has this been said? About tetradrachmas and denars. But gold denars and silver coins one may spend according to their value. Just as one spends it for profane things one may spend it for Second Tithe provided one does not plan it.”

HALAKHAH: “By how much could a tertradrachma be deficient,” etc. It was stated: “More than that he spends it for its worth, a tetradrachma up to a šeqel, a denar up to a quarter [šeqel]. If it is less than this even by an assarius, he may not spend it. If it was circulating as a blank for a tetradrachma or as a šeqel coin, as a blank for a šeqel or as a tetradrachma coin, he only has the shape of the coin. He should give it neither to a person who condemns property nor to a tax assessor since they defraud people, but he drills a hole into it and hangs it on his son’s neck. When has this been said? About tetradrachmas and denars. But gold denars and silver coins one may spend according to their value. Just as one spends it for profane things one may spend it for Second Tithe provided one does not plan it.”

HALAKHAH: “By how much could a tertradrachma be deficient,” etc. It was stated: “More than that he spends it for its worth, a tetradrachma up to a šeqel, a denar up to a quarter [šeqel]. If it is less than this even by an assarius, he may not spend it. If it was circulating as a blank for a tetradrachma or as a šeqel coin, as a blank for a šeqel or as a tetradrachma coin, he only has the shape of the coin. He should give it neither to a person who condemns property nor to a tax assessor since they defraud people, but he drills a hole into it and hangs it on his son’s neck. When has this been said? About tetradrachmas and denars. But gold denars and silver coins one may spend according to their value. Just as one spends it for profane things one may spend it for Second Tithe provided one does not plan it.”

HALAKHAH: “By how much could a tertradrachma be deficient,” etc. It was stated: “More than that he spends it for its worth, a tetradrachma up to a šeqel, a denar up to a quarter [šeqel]. If it is less than this even by an assarius, he may not spend it. If it was circulating as a blank for a tetradrachma or as a šeqel coin, as a blank for a šeqel or as a tetradrachma coin, he only has the shape of the coin. He should give it neither to a person who condemns property nor to a tax assessor since they defraud people, but he drills a hole into it and hangs it on his son’s neck. When has this been said? About tetradrachmas and denars. But gold denars and silver coins one may spend according to their value. Just as one spends it for profane things one may spend it for Second Tithe provided one does not plan it.”

“A person may borrow from his sons or daughters on interest, but he educates them for interest.” Rav said, e. g., I from Rabba bar bar Ḥana or Rabba bar bar Ḥana from me. “A person may not borrow for a šeqel and lend out for a tetradrachma; but a Gentile may borrow for a šeqel and lend out for a tetradrachma.”

“A person may borrow from his sons or daughters on interest, but he educates them for interest.” Rav said, e. g., I from Rabba bar bar Ḥana or Rabba bar bar Ḥana from me. “A person may not borrow for a šeqel and lend out for a tetradrachma; but a Gentile may borrow for a šeqel and lend out for a tetradrachma.”

“When was this said? Before they started. But if he accepted to harvest a field for two tetradrachmas, harvested half and left half uncut, a garment to weave for two tetradrachmas, wove half and left half unwoven, one estimates for him. How does one estimate what he did? If what he did was worth six denar, he gives him a sela‘ or he has to finish his work. If it was worth a tetradrachma he gives him a tetradrachma; Rebbi Dosa says, one estimates what remains to be done. If what remains to be done was worth three denar, he gives him a šeqel or he has to finish his work. If it was a šeqel, he gives him a šeqel.” Rebbi Ze‘ira in the name of Rav Ḥuna, Rebbi Bina, Rebbi Jeremiah in the name of Rav: practice follows Rebbi Dosa.

“When was this said? Before they started. But if he accepted to harvest a field for two tetradrachmas, harvested half and left half uncut, a garment to weave for two tetradrachmas, wove half and left half unwoven, one estimates for him. How does one estimate what he did? If what he did was worth six denar, he gives him a sela‘ or he has to finish his work. If it was worth a tetradrachma he gives him a tetradrachma; Rebbi Dosa says, one estimates what remains to be done. If what remains to be done was worth three denar, he gives him a šeqel or he has to finish his work. If it was a šeqel, he gives him a šeqel.” Rebbi Ze‘ira in the name of Rav Ḥuna, Rebbi Bina, Rebbi Jeremiah in the name of Rav: practice follows Rebbi Dosa.

“When was this said? Before they started. But if he accepted to harvest a field for two tetradrachmas, harvested half and left half uncut, a garment to weave for two tetradrachmas, wove half and left half unwoven, one estimates for him. How does one estimate what he did? If what he did was worth six denar, he gives him a sela‘ or he has to finish his work. If it was worth a tetradrachma he gives him a tetradrachma; Rebbi Dosa says, one estimates what remains to be done. If what remains to be done was worth three denar, he gives him a šeqel or he has to finish his work. If it was a šeqel, he gives him a šeqel.” Rebbi Ze‘ira in the name of Rav Ḥuna, Rebbi Bina, Rebbi Jeremiah in the name of Rav: practice follows Rebbi Dosa.

MISHNAH: One gave a loan to another on a pledge and the pledge was lost. He told him, “I loaned you a tetradrachma and it was worth a šeqel,” but the other one says “no, a tetradrachma you loaned me and it was worth a tetradrachma”; he is not liable. “I loaned you a tetradrachma and it was worth a šeqel,” but the other one says “no, a tetradrachma you loaned me and it was worth three šeqel;” he is liable. “You loaned me a tetradrachma on it but it was worth two,” and the other says “no, but I loaned you a tetradrachma and it was worth a tetradrachma;” he is not liable. “You loaned me a tetradrachma on it but it was worth two,” and the other says “no, but I loaned you a tetradrachma and it was worth five denar;” he is liable. Who has to swear? The one who holds the pledge, lest one swear and the other produce the pledge.

MISHNAH: One gave a loan to another on a pledge and the pledge was lost. He told him, “I loaned you a tetradrachma and it was worth a šeqel,” but the other one says “no, a tetradrachma you loaned me and it was worth a tetradrachma”; he is not liable. “I loaned you a tetradrachma and it was worth a šeqel,” but the other one says “no, a tetradrachma you loaned me and it was worth three šeqel;” he is liable. “You loaned me a tetradrachma on it but it was worth two,” and the other says “no, but I loaned you a tetradrachma and it was worth a tetradrachma;” he is not liable. “You loaned me a tetradrachma on it but it was worth two,” and the other says “no, but I loaned you a tetradrachma and it was worth five denar;” he is liable. Who has to swear? The one who holds the pledge, lest one swear and the other produce the pledge.

MISHNAH: One gave a loan to another on a pledge and the pledge was lost. He told him, “I loaned you a tetradrachma and it was worth a šeqel,” but the other one says “no, a tetradrachma you loaned me and it was worth a tetradrachma”; he is not liable. “I loaned you a tetradrachma and it was worth a šeqel,” but the other one says “no, a tetradrachma you loaned me and it was worth three šeqel;” he is liable. “You loaned me a tetradrachma on it but it was worth two,” and the other says “no, but I loaned you a tetradrachma and it was worth a tetradrachma;” he is not liable. “You loaned me a tetradrachma on it but it was worth two,” and the other says “no, but I loaned you a tetradrachma and it was worth five denar;” he is liable. Who has to swear? The one who holds the pledge, lest one swear and the other produce the pledge.

HALAKHAH: Rebbi Joḥanan said, the lender can be believed if he said, I lent to you up to the value of the pledge. The Mishnah says, also the borrower can be believed, as we have stated: “He told him, ‘I loaned you a tetradrachma and it was worth a šeqel,’ but the other one says ‘no, a tetradrachma you loaned me and it was worth a tetradrachma‘; he is not liable.” A person encountered another in the market and said, you owe me two denarii and your pledge is worth two denarii. He answered, I owe you one denar but my pledge is worth two denarii. The case came before the judges of Nahardea. They said, since everybody agrees that it is worth two denarii, he has to bring witnesses on the other [denar]. They had not heard that Rebbi Joḥanan said, the lender can be believed if he said, I lent to you up to the value of the pledge.