estimates

One who said: “I vow my weight,” he must pay his weight, in silver [if he had said in] silver, or in gold [if he had said in] gold. It happened with the mother of Yirmatia, who said, “I vow my daughter's weight.” She went up to Jerusalem and weighed her and then paid her weight in gold. [If a man said: “I vow] the weight of my hand,” Rabbi Judah says: let him fill a barrel with water and put it [his hand] in up to the elbow. Then let him weigh the flesh, bones and sinews of a donkey and put it into the barrel until it is filled up again. Rabbi Yose said: “But how is it possible to account exactly one kind of flesh against another kind of flesh, and one kind of bones against another kind of bones? Rather: one estimates what the hand is likely to weigh.

A man may proscribe his holy things, whether they are most holy things or less holy things. If [they had been] consecrated as a vow, he must give their value, if as a freewill-offering, he must give what it is worth to him. [If he said:] “Let this ox be an olah,” one estimates how much a man would pay for the ox to offer it as an olah, which he was not obliged [to offer]. A first-born, whether unblemished or blemished, may be proscribed. How can it be redeemed? They estimate what a man would give for this first-born in order to give it to the son of his daughter or to the son of his sister. Rabbi Ishmael says: one verse says, [All first-born males] you shall sanctify,” (Deuteronomy 15:19) and another verse says: [“The first-borns among beasts] no man shall sanctify it” (Leviticus 27:26). It is impossible to say: “You shall sanctify,” since it was said already: “No man shall sanctify,” and it is impossible to say: “No man shall sanctify,” since it is also said: “You shall sanctify”? Therefore resolve [thus]: you may sanctify it by consecrating its value [to the owner], but you may not sanctify it by consecrating it to the altar.

MISHNAH: For a grain stack under which gleanings were not collected, all ears that touch the ground are for the poor. If the wind dispersed any sheaves, one estimates what amount of gleanings that would have yielded, and he gives that to the poor. Rabban Simeon ben Gamliel says, he gives to the poor the average fall.

HALAKHAH: Here you say that “one estimates what amount of gleanings that would have yielded, and he gives that to the poor.” But there, you say “all ears that touch the ground are for the poor.” Rebbi Abbahu in the name of Rebbi Joḥanan: They fined him because he put the stack on the gleanings of the poor. That is for intentional transgression; it is also for unintentional error, for sheaves, for a wheat stack on top of barley, even if it was stacked by others without his knowledge, even if he called the poor and they did not come.

Now Rebbi Meïr says, one does not use the water wheel, and one estimates the loss to the owner. Now the rabbis say, one uses the water wheel and estimates the loss to the poor. To whom does he pay? Rebbi Jonah said, to the poor of his place, because otherwise, what could we say? Rebbi Ḥiyya bar Ada said, it is needed for the measure of justice.

Now Rebbi Meïr says, one does not use the water wheel, and one estimates the loss to the owner. Now the rabbis say, one uses the water wheel and estimates the loss to the poor. To whom does he pay? Rebbi Jonah said, to the poor of his place, because otherwise, what could we say? Rebbi Ḥiyya bar Ada said, it is needed for the measure of justice.

HALAKHAH: He is praiseworthy relative to whom? Rebbi Huna said, praiseworthy relative to one who estimates heave. Rebbi Ḥinena the son of Rebbi Hillel said, does the Mishnah say so? “He who weighs is the most praiseworthy of the three.” Rebbi Ḥinena said, explain it “among the three” and it does not imply anything.

Rebbi Assi in the name of Rebbi Joshua ben Levi in the name of Bar Pedaiah: [All sources of taste one in a hundred. Rebbi Ḥiyya in the name of Rebbi Joshua ben Levi in the name of Bar Pedaiah:] All sources of taste one in sixty. Rebbi Samuel ben Rav Isaac said to Rebbi Ḥiyya bar Abba: Rebbi Assi disagrees with you and the Mishnah disagrees with both of you: “Anything which sours, spices, or creates dema‘? If you say about 100 or 200, even if it does not sour, spice, or create dema‘! Therefore, we hold even more. Rebbi Jeremiah said, explain it for meat in meat. Rebbi Yose said, meat in meat is the same as all other prohibitions since Rebbi Abbahu said in the name of Rebbi Joḥanan, one estimates as if they were so.

Rebbi Yudan said, did not Rebbi Abbahu say in the name of Rebbi Eleazar, they taught this about sweeteners? Since sweeteners usually are estimated as if they were onion or leeks, one estimates them as if they were onion or leeks. All other forbidden [foods], since they are not usually estimated as if they were onion or leeks one estimates in their kinds. Cumin one estimates by its kind.

Rebbi Yudan said, did not Rebbi Abbahu say in the name of Rebbi Eleazar, they taught this about sweeteners? Since sweeteners usually are estimated as if they were onion or leeks, one estimates them as if they were onion or leeks. All other forbidden [foods], since they are not usually estimated as if they were onion or leeks one estimates in their kinds. Cumin one estimates by its kind.

Rebbi Yudan said, did not Rebbi Abbahu say in the name of Rebbi Eleazar, they taught this about sweeteners? Since sweeteners usually are estimated as if they were onion or leeks, one estimates them as if they were onion or leeks. All other forbidden [foods], since they are not usually estimated as if they were onion or leeks one estimates in their kinds. Cumin one estimates by its kind.

If from him to a river were 75 cubits. Two Amoraim, one said, he measures with a rope of 50 cubits and returns 25 cubits; but the other one said, he measures with a rope of 50 cubits and the remainder he measures with a rope of four cubits. If the river was narrow on top and wide below, up to 50 cubits one considers it as if full of dust and pebbles; otherwise one sees it inclining upwards and inclining downwards. If the river was bent, Rebbi Ḥasdai says, with telescopes he estimates in the plain and does the same with a mountain. Rebbi Aḥa, Rebbi Ḥinena, Rebbi Jeremiah in the name of Rebbi Samuel bar Rav Isaac: only if the measure results in the mountain four hand-breadths as a place. Rebbi Yose, Rebbi Abuna in the name of Rav Jehudah, Rebbi Yudan has it in the name of Rav: If one holds it high above his head and the other by his feet, everybody agrees that one strip-measures. The high one over his head and the low one on his hips, everybody agrees that one strip-measures. Where do they disagree? On his heart; Rebbi Meïr says one strip-measures but the Sages say one does not strip-measure.

There, you are saying, his full handful, with his handful, and here you are saying, his full handful. Rebbi Jacob bar Aḥa, Rebbi Simon in the name of Rebbi Joshua ben Levi, since there a deficient handful is disqualified, here also a deficient handful is disqualified. Are his fists considered vessels of service to sanctify? May another person take the fistful and puts it in his fist? Should it be made to measure for his fists? Do you estimate for all possible fists or you estimate for his fist only? Rebbi Joshua ben Levi asked: If he took a fistful and died, may another person enter with his fistful? If you are saying that they did not consider his fists a vessel of service of the Sanctuary, this implies that another person may enter with his fistful; another person may take the fistful and put it in his fist; one makes to measure for his fists; one does not estimate for all possible fists. If you are saying that they considered his fists a vessel of service of the Sanctuary, this implies that another person may not enter with his fistful; another person may not take the fistful and put in his fist; one does not make to measure for his fists; one estimates for all possible fists.

Rebbi Meїr insists on interpreting the contract text. As Rebbi Meїr said, if somebody accepts a field as a contractor, one estimates how much it is expected to yield and give to [the owner]. Because the standard contract reads: “If I let it lie fallow and do not work on it, I shall pay as if from the best.”

Rebbi Meïr insists on interpreting the contract text. Rebbi Meïr explained, if somebody accepts a field as a contractor, at the moment [he] accepts, one estimates how much it is expected to yield and he gives to [the owner]. Because the standard contract reads: “If I let it lie fallow and do not work on it, I shall pay as if from the best.”

MISHNAH: If she decided to bring him 1’000 denars, he decides as equivalent fifteen minas. Corresponding to estimates he decides one-fifth less. If it was appraised for a mina and it is worth a mina, he has only a mina. For the estimate of a mina she gives him 31 [tetradrachmas and one] denar. For 400 she gives 500, for what the groom decides, he decides one-fifth less.

HALAKHAH: “If she decided to bring him 1’000 denars,” etc. Why did they say for money, one and one half times, and for estimations less one fifth? Rebbi Yose ben Ḥanina said, one estimates the will of the woman that she wants to use her vessels and depreciates them by a fifth. One estimates the will of the man to use it in trade and to make them one and one half. Rebbi Yose said, this implies that nobody has the right to sell his wife’s vessels. Example: Rebbi Ḥiyya, Rebbi Yasa, and Rebbi Immi went to appraise for Rebbi Yose ben Ḥanina’s daughter. They said to [the groom]: Deduct a fifth and double. He said to them, he deducts a fifth and does not double.

HALAKHAH: “If she decided to bring him 1’000 denars,” etc. Why did they say for money, one and one half times, and for estimations less one fifth? Rebbi Yose ben Ḥanina said, one estimates the will of the woman that she wants to use her vessels and depreciates them by a fifth. One estimates the will of the man to use it in trade and to make them one and one half. Rebbi Yose said, this implies that nobody has the right to sell his wife’s vessels. Example: Rebbi Ḥiyya, Rebbi Yasa, and Rebbi Immi went to appraise for Rebbi Yose ben Ḥanina’s daughter. They said to [the groom]: Deduct a fifth and double. He said to them, he deducts a fifth and does not double.

“If she had compromised her ketubah, she shall not be able to collect without an oath,” etc. Rebbi Joḥanan said in the name of Rebbi Yannai: One pays from an orphan’s property only a document on which interest is due, and some say, also a woman’s ketubah. Rebbi Yannai said, because of her sustenance. Rebbi Mattaniah said, who is worried about sustenance? Rebbi Simeon! Since Rebbi Simeon said, it depends on the collection. What about it? For attraction, that everybody should jump to marry her. Some say, 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 an orphan’s property only from the least valuable.” So is the Mishnah: One pays for torts from an orphan’s property only from the least valuable. But was it not stated: If the son took his 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, here about an adult orphan, there about an underage orphan.

Now estimates, bans, exchanges, and dedications were in the same paragraph, but we did not state ‘substitute names of estimates, substitute names of exchanges and dedications.’ But if these were stated, what would we state? ‘Araphin, ‘araṣin, ‘araqin? Temupha, temuna, temuqa? Hegder, hegzer, hegres. It is understandable following him who says, unspecified bans are for the support of the Temple. But according to him who says, unspecified bans are for the priests? Why did we not state ‘substitute names for heave’? But if it were stated, what would we state? Terupha, teruṣa, teruqa?

Now estimates, bans, exchanges, and dedications were in the same paragraph, but we did not state ‘substitute names of estimates, substitute names of exchanges and dedications.’ But if these were stated, what would we state? ‘Araphin, ‘araṣin, ‘araqin? Temupha, temuna, temuqa? Hegder, hegzer, hegres. It is understandable following him who says, unspecified bans are for the support of the Temple. But according to him who says, unspecified bans are for the priests? Why did we not state ‘substitute names for heave’? But if it were stated, what would we state? Terupha, teruṣa, teruqa?

MISHNAH: “I am a nazir from here to place X.” One estimates how many days it is from here to place X. If less than thirty days, he is a nazir for 30 days, otherwise for the count of the days. “I am a nazir according to the count of the days of the year, he counts nezirut in the count of the days of a year. Rebbi Jehudah said, this happened, and after he had finished, he died.

Rebbi Abbahu in the name of Rebbi Joḥanan: One estimates [food] prohibitions as if they concerned onions or leeks. This parallels what Rebbi Abbahu said in the name of Rebbi Yose ben Ḥanina: If carcass meat disappeared among slaughtered meat, its [impurity by] touch has disappeared by biblical law.

Rebbi Yasa in the name of Rebbi Joshua ben Levi in the name of Bar Pedaiah: All sources of flavor one in a hundred. Rebbi Ḥiyya in the name of Rebbi Joshua ben Levi in the name of Bar Pedaiah: All sources of flavor one in sixty. Rebbi Samuel ben Rav Isaac said to Rebbi Ḥiyya bar Abba: Rebbi Yasa disagrees with you and the Mishnah disagrees with both of you: “Anything which sours, flavors, or creates dema‘? If you say about 100 or 200, even if it does not sour, flavor, or create dema‘! Therefore, we hold even more. Rebbi Jeremiah said, explain it for meat in meat. Rebbi Yose said, meat in meat is the same as all other prohibitions since Rebbi Abbahu said in the name of Rebbi Joḥanan, one estimates as if they were onion or leeks.

MISHNAH: For tort victims one estimates with best quality land, for a creditor with average quality, and for a woman’s ketubah with lowest quality. Rabban Simeon ben Gamliel says, also for a woman’s ketubah with average quality.

HALAKHAH: “For tort victims one estimates with best quality land,” etc. “By an inference de minore ad maius, for Temple property.” Rebbi Abba bar Pappaios said before Rebbi Yose, where do we hold? If to qualify as damages, is that not what we stated “his neighbor’s ox” but not the ox of Temple property? If for bodily damages, is that not what Rebbi Ḥiyya stated: A private person can claim damages but not the Temple? But we must deal with one who said, I obligate myself to give 100 minas to the Temple, when his ox went and did damage. You should not say, [the Temple] is a creditor and should collect from average quality land. Therefore, it was necessary to say that “for tort victims one estimates with best quality land, by an inference de minore ad maius, for Temple property.”

HALAKHAH: “For tort victims one estimates with best quality land,” etc. “By an inference de minore ad maius, for Temple property.” Rebbi Abba bar Pappaios said before Rebbi Yose, where do we hold? If to qualify as damages, is that not what we stated “his neighbor’s ox” but not the ox of Temple property? If for bodily damages, is that not what Rebbi Ḥiyya stated: A private person can claim damages but not the Temple? But we must deal with one who said, I obligate myself to give 100 minas to the Temple, when his ox went and did damage. You should not say, [the Temple] is a creditor and should collect from average quality land. Therefore, it was necessary to say that “for tort victims one estimates with best quality land, by an inference de minore ad maius, for Temple property.”

“The best of his field and the best of his vineyard he shall pay,” i. e., the party responsible for the damage, the words of Rebbi Ismael. Rebbi Aqiba says, “the best of his field and the best of his vineyard”, of the person suffering the damage. It is difficult for Rebbi Aqiba, he suffered damage, and you say so? But the court see what the field was worth before it was damaged and estimates accordingly. As it was stated, it is possible if the grazing was on best quality land, one estimates from best quality, from lowest quality one estimates from lowest quality. How is this? The best of the lowest quality is quite good. If you say so you provide a windfall for the person suffering the damage. One looks at the field as if it was full of first quality [produce] and estimates for him from the best quality land; least quality one estimates from least quality land. It turns out that he pays with best quality for best quality and from least quality for least quality. From where has Rebbi Aqiba that “for tort victims one estimates with best quality land”? It is not from the Torah, it is a decree. “Why did they say, ‘for tort victims one estimates with best quality land’? Because of the robbers. That a man should say, why should I have robbed [land] in my hand, or land subject to a suit for damages on my hand? Tomorrow, the court will see my good field, take it from me, and support it by the verse, ‘the best of his field and the best of his vineyard he shall pay.’ ” So far his real estate. His pledge was inferred from his real estate. Since his real estate [is taken] from the best quality, also his pledge [is taken] from the best.

“The best of his field and the best of his vineyard he shall pay,” i. e., the party responsible for the damage, the words of Rebbi Ismael. Rebbi Aqiba says, “the best of his field and the best of his vineyard”, of the person suffering the damage. It is difficult for Rebbi Aqiba, he suffered damage, and you say so? But the court see what the field was worth before it was damaged and estimates accordingly. As it was stated, it is possible if the grazing was on best quality land, one estimates from best quality, from lowest quality one estimates from lowest quality. How is this? The best of the lowest quality is quite good. If you say so you provide a windfall for the person suffering the damage. One looks at the field as if it was full of first quality [produce] and estimates for him from the best quality land; least quality one estimates from least quality land. It turns out that he pays with best quality for best quality and from least quality for least quality. From where has Rebbi Aqiba that “for tort victims one estimates with best quality land”? It is not from the Torah, it is a decree. “Why did they say, ‘for tort victims one estimates with best quality land’? Because of the robbers. That a man should say, why should I have robbed [land] in my hand, or land subject to a suit for damages on my hand? Tomorrow, the court will see my good field, take it from me, and support it by the verse, ‘the best of his field and the best of his vineyard he shall pay.’ ” So far his real estate. His pledge was inferred from his real estate. Since his real estate [is taken] from the best quality, also his pledge [is taken] from the best.

“The best of his field and the best of his vineyard he shall pay,” i. e., the party responsible for the damage, the words of Rebbi Ismael. Rebbi Aqiba says, “the best of his field and the best of his vineyard”, of the person suffering the damage. It is difficult for Rebbi Aqiba, he suffered damage, and you say so? But the court see what the field was worth before it was damaged and estimates accordingly. As it was stated, it is possible if the grazing was on best quality land, one estimates from best quality, from lowest quality one estimates from lowest quality. How is this? The best of the lowest quality is quite good. If you say so you provide a windfall for the person suffering the damage. One looks at the field as if it was full of first quality [produce] and estimates for him from the best quality land; least quality one estimates from least quality land. It turns out that he pays with best quality for best quality and from least quality for least quality. From where has Rebbi Aqiba that “for tort victims one estimates with best quality land”? It is not from the Torah, it is a decree. “Why did they say, ‘for tort victims one estimates with best quality land’? Because of the robbers. That a man should say, why should I have robbed [land] in my hand, or land subject to a suit for damages on my hand? Tomorrow, the court will see my good field, take it from me, and support it by the verse, ‘the best of his field and the best of his vineyard he shall pay.’ ” So far his real estate. His pledge was inferred from his real estate. Since his real estate [is taken] from the best quality, also his pledge [is taken] from the best.

“The best of his field and the best of his vineyard he shall pay,” i. e., the party responsible for the damage, the words of Rebbi Ismael. Rebbi Aqiba says, “the best of his field and the best of his vineyard”, of the person suffering the damage. It is difficult for Rebbi Aqiba, he suffered damage, and you say so? But the court see what the field was worth before it was damaged and estimates accordingly. As it was stated, it is possible if the grazing was on best quality land, one estimates from best quality, from lowest quality one estimates from lowest quality. How is this? The best of the lowest quality is quite good. If you say so you provide a windfall for the person suffering the damage. One looks at the field as if it was full of first quality [produce] and estimates for him from the best quality land; least quality one estimates from least quality land. It turns out that he pays with best quality for best quality and from least quality for least quality. From where has Rebbi Aqiba that “for tort victims one estimates with best quality land”? It is not from the Torah, it is a decree. “Why did they say, ‘for tort victims one estimates with best quality land’? Because of the robbers. That a man should say, why should I have robbed [land] in my hand, or land subject to a suit for damages on my hand? Tomorrow, the court will see my good field, take it from me, and support it by the verse, ‘the best of his field and the best of his vineyard he shall pay.’ ” So far his real estate. His pledge was inferred from his real estate. Since his real estate [is taken] from the best quality, also his pledge [is taken] from the best.

“The best of his field and the best of his vineyard he shall pay,” i. e., the party responsible for the damage, the words of Rebbi Ismael. Rebbi Aqiba says, “the best of his field and the best of his vineyard”, of the person suffering the damage. It is difficult for Rebbi Aqiba, he suffered damage, and you say so? But the court see what the field was worth before it was damaged and estimates accordingly. As it was stated, it is possible if the grazing was on best quality land, one estimates from best quality, from lowest quality one estimates from lowest quality. How is this? The best of the lowest quality is quite good. If you say so you provide a windfall for the person suffering the damage. One looks at the field as if it was full of first quality [produce] and estimates for him from the best quality land; least quality one estimates from least quality land. It turns out that he pays with best quality for best quality and from least quality for least quality. From where has Rebbi Aqiba that “for tort victims one estimates with best quality land”? It is not from the Torah, it is a decree. “Why did they say, ‘for tort victims one estimates with best quality land’? Because of the robbers. That a man should say, why should I have robbed [land] in my hand, or land subject to a suit for damages on my hand? Tomorrow, the court will see my good field, take it from me, and support it by the verse, ‘the best of his field and the best of his vineyard he shall pay.’ ” So far his real estate. His pledge was inferred from his real estate. Since his real estate [is taken] from the best quality, also his pledge [is taken] from the best.

“The best of his field and the best of his vineyard he shall pay,” i. e., the party responsible for the damage, the words of Rebbi Ismael. Rebbi Aqiba says, “the best of his field and the best of his vineyard”, of the person suffering the damage. It is difficult for Rebbi Aqiba, he suffered damage, and you say so? But the court see what the field was worth before it was damaged and estimates accordingly. As it was stated, it is possible if the grazing was on best quality land, one estimates from best quality, from lowest quality one estimates from lowest quality. How is this? The best of the lowest quality is quite good. If you say so you provide a windfall for the person suffering the damage. One looks at the field as if it was full of first quality [produce] and estimates for him from the best quality land; least quality one estimates from least quality land. It turns out that he pays with best quality for best quality and from least quality for least quality. From where has Rebbi Aqiba that “for tort victims one estimates with best quality land”? It is not from the Torah, it is a decree. “Why did they say, ‘for tort victims one estimates with best quality land’? Because of the robbers. That a man should say, why should I have robbed [land] in my hand, or land subject to a suit for damages on my hand? Tomorrow, the court will see my good field, take it from me, and support it by the verse, ‘the best of his field and the best of his vineyard he shall pay.’ ” So far his real estate. His pledge was inferred from his real estate. Since his real estate [is taken] from the best quality, also his pledge [is taken] from the best.

“The best of his field and the best of his vineyard he shall pay,” i. e., the party responsible for the damage, the words of Rebbi Ismael. Rebbi Aqiba says, “the best of his field and the best of his vineyard”, of the person suffering the damage. It is difficult for Rebbi Aqiba, he suffered damage, and you say so? But the court see what the field was worth before it was damaged and estimates accordingly. As it was stated, it is possible if the grazing was on best quality land, one estimates from best quality, from lowest quality one estimates from lowest quality. How is this? The best of the lowest quality is quite good. If you say so you provide a windfall for the person suffering the damage. One looks at the field as if it was full of first quality [produce] and estimates for him from the best quality land; least quality one estimates from least quality land. It turns out that he pays with best quality for best quality and from least quality for least quality. From where has Rebbi Aqiba that “for tort victims one estimates with best quality land”? It is not from the Torah, it is a decree. “Why did they say, ‘for tort victims one estimates with best quality land’? Because of the robbers. That a man should say, why should I have robbed [land] in my hand, or land subject to a suit for damages on my hand? Tomorrow, the court will see my good field, take it from me, and support it by the verse, ‘the best of his field and the best of his vineyard he shall pay.’ ” So far his real estate. His pledge was inferred from his real estate. Since his real estate [is taken] from the best quality, also his pledge [is taken] from the best.

HALAKHAH: “One cannot collect for usufruct,” etc. Rebbi Joḥanan said in the name of Rebbi Yannai: One pays from an orphan’s property only a document on which interest is due, and some say, also a woman’s ketubah. Rebbi Yannai said, because of her sustenance. Rebbi Mattaniah said, who is worried about sustenance? Rebbi Simeon! Since Rebbi Simeon said, it depends on the collection. What about it? For attraction, that everybody should be eager to marry her. Some say, 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 an orphan’s property only from the least valuable.” So is the Mishnah: One pays for torts from an orphan’s property only from the least valuable. But was it not stated: If the son took his 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, there about an adult orphan, here about an underage orphan.

MISHNAH: “This is your bill of divorce from today if I should die from this illness;” if he got up, walked on the market, fell ill again and died, one estimates whether he died from the original sickness, in which case it is a bill of divorce; otherwise it is no bill of divorce. She may not be alone with him except in the presence of witnesses, which may be even a male or a female slave except her personal slave girl since she has no shame in the presence of her personal slave girl. What is her status in those days? Rebbi Jehudah says, she is a married woman in all respects. Rebbi Yose says, she is divorced and not divorced.

Rav Jehudah in the name of Samuel: One estimates neither for the thief nor for the robber nor for the borrower but only for damages, and I am saying that even for the borrower one does not estimate, and Abba agrees with me. Who is Abba? Rebbi or Rabba bar Abuha. Rav Ḥisda said, this treats the main event as an accessory. There came Rav Jehudah in the name of Samuel: One estimates neither for the thief nor for the robber nor for the borrower but only for damages, and watchmen fall under the rules of damages.

Rav Jehudah in the name of Samuel: One estimates neither for the thief nor for the robber nor for the borrower but only for damages, and I am saying that even for the borrower one does not estimate, and Abba agrees with me. Who is Abba? Rebbi or Rabba bar Abuha. Rav Ḥisda said, this treats the main event as an accessory. There came Rav Jehudah in the name of Samuel: One estimates neither for the thief nor for the robber nor for the borrower but only for damages, and watchmen fall under the rules of damages.

Rav Jehudah sent and asked Rebbi Eleazar: Does one estimate for the extortionist, the thief, and the robber? He anwered him: one estimates neither for the thief nor for the robber. From where that one does not estimate for them? Rebbi Abba bar Mamal said, “alive, he shall pay double;” alive, not dead. That refers to theft; from where for robbery? Rebbi Abin said, “he shall return the robbed object in the state in which he robbed it.”

MISHNAH: If a bull intended [to hurt] another bull but hit a woman who then had a miscarriage, he is not liable. But if a man intended [to hurt] a neighbor but hit a woman who then had a miscarriage, he pays for the children. How does he pay for the children? One estimates the worth of the woman before and after she gave birth. Rabban Simeon ben Gamliel said, but the value of a woman increses after giving birth! But one estimates how much the children would have been worth and gives [the value] to the husband; if she does not have a husband, to the latter’s heirs. If she was a freedwoman or a proselyte, he is not liable.

MISHNAH: If a bull intended [to hurt] another bull but hit a woman who then had a miscarriage, he is not liable. But if a man intended [to hurt] a neighbor but hit a woman who then had a miscarriage, he pays for the children. How does he pay for the children? One estimates the worth of the woman before and after she gave birth. Rabban Simeon ben Gamliel said, but the value of a woman increses after giving birth! But one estimates how much the children would have been worth and gives [the value] to the husband; if she does not have a husband, to the latter’s heirs. If she was a freedwoman or a proselyte, he is not liable.

MISHNAH: If he left it in the sun or handed it over to a deaf-and-dumb, an insane, or an underage person, he is liable. If he handed it over to a shepherd, the shepherd takes his place. If it fell into a garden and caused damage, it pays for what it profited. If it entered in due course, it pays for what it damaged. How does it pay for what it damaged? One estimates a bet se’ah of the field; how much was it worth and how much is it worth. Rebbi Simeon says, if it ate ripe produce it pays for ripe produce, whether one or two se’ah.

It was stated: “One does not estimate a bet kor because it would diminish, nor a bet qab because it would inflate. But one estimates a bet se’ah of the field in question, how much it was worth and how much is it worth now. Rebbi Jehudah said, when? If it ate shoots of the fig tree or plucked shoots of vines. But if it ate unripe grapes or unripe figs, one estimates them as fully grown fruits. Rebbi Jehudah said in the name of Rebbi Aqiba: If it ate fully grown produce, he pays for fully grown produce, [fruits of] trees, one estimates trees for him. Trees one estimates by the bet se’ah. Rebbi Simeon ben Jehudah said in the name of Rebbi Aqiba: Produce not yet one-third ripe is estimated under the rules of trees.” In the House of Rebbi Yannai they said, one estimates a three-qab in sixty three-qabs. Rebbi Yose ben Rebbi Ḥanina said, one estimates a stalk in sixty stalks.

It was stated: “One does not estimate a bet kor because it would diminish, nor a bet qab because it would inflate. But one estimates a bet se’ah of the field in question, how much it was worth and how much is it worth now. Rebbi Jehudah said, when? If it ate shoots of the fig tree or plucked shoots of vines. But if it ate unripe grapes or unripe figs, one estimates them as fully grown fruits. Rebbi Jehudah said in the name of Rebbi Aqiba: If it ate fully grown produce, he pays for fully grown produce, [fruits of] trees, one estimates trees for him. Trees one estimates by the bet se’ah. Rebbi Simeon ben Jehudah said in the name of Rebbi Aqiba: Produce not yet one-third ripe is estimated under the rules of trees.” In the House of Rebbi Yannai they said, one estimates a three-qab in sixty three-qabs. Rebbi Yose ben Rebbi Ḥanina said, one estimates a stalk in sixty stalks.

It was stated: “One does not estimate a bet kor because it would diminish, nor a bet qab because it would inflate. But one estimates a bet se’ah of the field in question, how much it was worth and how much is it worth now. Rebbi Jehudah said, when? If it ate shoots of the fig tree or plucked shoots of vines. But if it ate unripe grapes or unripe figs, one estimates them as fully grown fruits. Rebbi Jehudah said in the name of Rebbi Aqiba: If it ate fully grown produce, he pays for fully grown produce, [fruits of] trees, one estimates trees for him. Trees one estimates by the bet se’ah. Rebbi Simeon ben Jehudah said in the name of Rebbi Aqiba: Produce not yet one-third ripe is estimated under the rules of trees.” In the House of Rebbi Yannai they said, one estimates a three-qab in sixty three-qabs. Rebbi Yose ben Rebbi Ḥanina said, one estimates a stalk in sixty stalks.

It was stated: “One does not estimate a bet kor because it would diminish, nor a bet qab because it would inflate. But one estimates a bet se’ah of the field in question, how much it was worth and how much is it worth now. Rebbi Jehudah said, when? If it ate shoots of the fig tree or plucked shoots of vines. But if it ate unripe grapes or unripe figs, one estimates them as fully grown fruits. Rebbi Jehudah said in the name of Rebbi Aqiba: If it ate fully grown produce, he pays for fully grown produce, [fruits of] trees, one estimates trees for him. Trees one estimates by the bet se’ah. Rebbi Simeon ben Jehudah said in the name of Rebbi Aqiba: Produce not yet one-third ripe is estimated under the rules of trees.” In the House of Rebbi Yannai they said, one estimates a three-qab in sixty three-qabs. Rebbi Yose ben Rebbi Ḥanina said, one estimates a stalk in sixty stalks.

It was stated: “One does not estimate a bet kor because it would diminish, nor a bet qab because it would inflate. But one estimates a bet se’ah of the field in question, how much it was worth and how much is it worth now. Rebbi Jehudah said, when? If it ate shoots of the fig tree or plucked shoots of vines. But if it ate unripe grapes or unripe figs, one estimates them as fully grown fruits. Rebbi Jehudah said in the name of Rebbi Aqiba: If it ate fully grown produce, he pays for fully grown produce, [fruits of] trees, one estimates trees for him. Trees one estimates by the bet se’ah. Rebbi Simeon ben Jehudah said in the name of Rebbi Aqiba: Produce not yet one-third ripe is estimated under the rules of trees.” In the House of Rebbi Yannai they said, one estimates a three-qab in sixty three-qabs. Rebbi Yose ben Rebbi Ḥanina said, one estimates a stalk in sixty stalks.

It was stated: “One does not estimate a bet kor because it would diminish, nor a bet qab because it would inflate. But one estimates a bet se’ah of the field in question, how much it was worth and how much is it worth now. Rebbi Jehudah said, when? If it ate shoots of the fig tree or plucked shoots of vines. But if it ate unripe grapes or unripe figs, one estimates them as fully grown fruits. Rebbi Jehudah said in the name of Rebbi Aqiba: If it ate fully grown produce, he pays for fully grown produce, [fruits of] trees, one estimates trees for him. Trees one estimates by the bet se’ah. Rebbi Simeon ben Jehudah said in the name of Rebbi Aqiba: Produce not yet one-third ripe is estimated under the rules of trees.” In the House of Rebbi Yannai they said, one estimates a three-qab in sixty three-qabs. Rebbi Yose ben Rebbi Ḥanina said, one estimates a stalk in sixty stalks.

MISHNAH: One who injures another person owes him under five categories: Damages, suffering, medical costs, loss of earnings, and embarrassment. How are damages determined? If he blinded his eye, or cut off his hand, or broke his leg, one considers it as if he were sold as a slave; how much was he worth and how much is he worth now. Suffering: If he burned him with a spit, or with a nail, even on his fingernails where it does not cause a wound, one estimates how much a person in his state would ask to be paid in order to be willing to suffer such pain.

“One estimates how much a person in his state would ask to be paid in order to be willing to suffer such pain.” Rebbi Ze‘ira said, one sees a person and asks him, how much would you give that such pain would not be inflicted on you? And what he says, he has to give. Mar Uqba said, the Mishnah is “how much a person would ask to be paid,” and you say so? But one sees a person and asks him, how much would you ask that such pain not be inflicted on you? And what he says, he has to give. Ben Azai said, one gives food invalidity. What is food invalidity? Before that, I was eating lentils and vegetables but now I can only eat eggs and chicken. What he asks one gives him. Rebbi Yose ben Jacob said, a Roman who was sick would not go into battle until he could eat all he had been missing those days.

HALAKHAH: “This is more severe regarding a human than an ox,” etc. “A person who hits his father or mother,” etc. It was stated: If the witnesses said, we testify that X blinded both of his eyes simultanously, or that he knocked out two of his teeth simultaneously, he does not have to pay anything. One after the other, he gains his freedom by the first and he pays him damages for the second. Rebbi Abbahu in the name of Rebbi Joḥanan: This implies that one estimates embarrassment for slaves. Rebbi La in the name of Rebbi Joḥanan: If a person dedicates his earnings, he dedicates everything. If he dedicates the earnings of his slave, he can take from there his upkeep and the remainder is dedicated. Here you say, the remainder is dedicated, but there you say, everything is holy. Rebbi Aḥa said, Jews are more obligated to support free people than slaves. But did not Rebbi Joḥanan say: If somebody cuts off the hands of somebody else’s slave, his master collects damages, suffering, medical costs, loss of earnings, and embarrassment, and that one should be supported by welfare. Rebbi Aḥa said, Jews are more obligated to support amputated slaves than unimpaired ones. But did not Rebbi Joḥanan also give to his slave when he ate meat? Give also to his slave when he drank wine? And recited for himself the verse: “Did not His maker make me in the womb”? They said, there a rule of law, here a rule of mercy.

HALAKHAH: “If one say: Blind my eye, cut off my hand,” etc. “If he says, blind my eye because it damages me, cut off my hand because it damages me, he is liable. On condition not to be liable, he is liable.” Rebbi Eleazar said, the Mishnah deals with a “yes” which really means “no”. But for a “yes” which does mean “yes” he is not liable. The statement of Rebbi Eleazar is about the family’s loss of standing. Rebbi Simeon ben Laqish said, the Mishnah deals with a “yes” which means “yes”. But for a “yes” which means “no”, he is liable. The statement of Rebbi Simeon ben Laqish imples that one estimates the relatives’ loss of standing. It was stated: “If Gentiles forced a Jew and took from him another person’s money in his presence, he is not liable. If he handed it over, he is liable.” Rebbi Yose said, that means if they simply demanded “money”. But “X’s money”, he is not liable even if he handed it over.

“One who robbed a beam and built it into a large building. The House of Shammai say, he has to tear down the entire building and return it. But the House of Hillel say, he has to pay its worth to support the penitents. If he went into another person’s ruined building and rebuilt it without permission, one estimates for him and his hand is disadvantaged. If he rebuilt it with permission, one estimates for him and his hand is advantaged. If he wanted to take his wood and stones, one does not listen to him.” Rebbi Jacob bar Aḥa in the name of Rebbi Joshua ben Levi: Because of the settlement in the Land of Israel. Rav Naḥman bar Isaac asked: If somebody temporarily entered another person’s ruin to put down his bundle, when he wanted to take it up again does one not listen to him? When he heard what Rebbi Jacob bar Aḥa had said, because of the settlement in the Land of Israel, he said: That is a statement. But if he built at a place unfit for building, or planted trees at a place unfit for planting, Rav said one estimates for him but one tricks him to permit entry both in summer and in winter. One said to him: Was that not already stated: “One estimates for him and his hand is disadvantaged?”

“One who robbed a beam and built it into a large building. The House of Shammai say, he has to tear down the entire building and return it. But the House of Hillel say, he has to pay its worth to support the penitents. If he went into another person’s ruined building and rebuilt it without permission, one estimates for him and his hand is disadvantaged. If he rebuilt it with permission, one estimates for him and his hand is advantaged. If he wanted to take his wood and stones, one does not listen to him.” Rebbi Jacob bar Aḥa in the name of Rebbi Joshua ben Levi: Because of the settlement in the Land of Israel. Rav Naḥman bar Isaac asked: If somebody temporarily entered another person’s ruin to put down his bundle, when he wanted to take it up again does one not listen to him? When he heard what Rebbi Jacob bar Aḥa had said, because of the settlement in the Land of Israel, he said: That is a statement. But if he built at a place unfit for building, or planted trees at a place unfit for planting, Rav said one estimates for him but one tricks him to permit entry both in summer and in winter. One said to him: Was that not already stated: “One estimates for him and his hand is disadvantaged?”

“One who robbed a beam and built it into a large building. The House of Shammai say, he has to tear down the entire building and return it. But the House of Hillel say, he has to pay its worth to support the penitents. If he went into another person’s ruined building and rebuilt it without permission, one estimates for him and his hand is disadvantaged. If he rebuilt it with permission, one estimates for him and his hand is advantaged. If he wanted to take his wood and stones, one does not listen to him.” Rebbi Jacob bar Aḥa in the name of Rebbi Joshua ben Levi: Because of the settlement in the Land of Israel. Rav Naḥman bar Isaac asked: If somebody temporarily entered another person’s ruin to put down his bundle, when he wanted to take it up again does one not listen to him? When he heard what Rebbi Jacob bar Aḥa had said, because of the settlement in the Land of Israel, he said: That is a statement. But if he built at a place unfit for building, or planted trees at a place unfit for planting, Rav said one estimates for him but one tricks him to permit entry both in summer and in winter. One said to him: Was that not already stated: “One estimates for him and his hand is disadvantaged?”

“One who robbed a beam and built it into a large building. The House of Shammai say, he has to tear down the entire building and return it. But the House of Hillel say, he has to pay its worth to support the penitents. If he went into another person’s ruined building and rebuilt it without permission, one estimates for him and his hand is disadvantaged. If he rebuilt it with permission, one estimates for him and his hand is advantaged. If he wanted to take his wood and stones, one does not listen to him.” Rebbi Jacob bar Aḥa in the name of Rebbi Joshua ben Levi: Because of the settlement in the Land of Israel. Rav Naḥman bar Isaac asked: If somebody temporarily entered another person’s ruin to put down his bundle, when he wanted to take it up again does one not listen to him? When he heard what Rebbi Jacob bar Aḥa had said, because of the settlement in the Land of Israel, he said: That is a statement. But if he built at a place unfit for building, or planted trees at a place unfit for planting, Rav said one estimates for him but one tricks him to permit entry both in summer and in winter. One said to him: Was that not already stated: “One estimates for him and his hand is disadvantaged?”

“If one accepts an animal for care from another person, how long does he have to care for it? Symmachos says, small asses twelve months, adult donkeys 24 months. If he terminates the care in the middle of the term, one estimates for him; after the term one does not estimate for him, but care for one year is not comparable to two years.”

“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 contracts with another for a field; if after he received it he lets it lie fallow one estimates how much it could yield and gives to him, for so he writes to him: If I let it lie fallow or do not work it, I shall pay as if well-worked.

Simeon bar Abba in the name of Rebbi Joḥanan: An empty space of two lines in a text about one subject in any case [invalidates]. Rebbi Samuel bar Rav Isaac said: The Mishnah says so: “One Hebrew- and one Greek-writing witness …” Is not Hebrew combined with Greek one item? “How far from the text should the witnesses sign? That they can be read with it, the words of Rebbi. Rebbi Simeon ben Eleazar says, one full line. Rebbi Dositheos ben Jehudah says, the width of the witnesses’ handwriting.” Rav Jeremiah said in the name of Rav: One estimates לך ולך. Rebbi Yasa in the name of Rebbi Sabbatai: the width of the witnesses’ handwriting.

Ḥizqiah said, only for leniency. If the witnesses’ handwriting was small and the text large, one follows the large. If the witnesses’ handwriting was large and the text small, one follows the small. Rebbi Isaac says: If his name was, e. g., Yose ben Yannai one estimates as if it were Melekh ben Melekh.

“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.

Rebbi Abbahu in the name of Rebbi Joḥanan: “Guarding” is mentioned for the unpaid keeper and “guarding” is mentioned for the paid keeper, but “guarding” mentioned for the unpaid keeper is not similar to “guarding” mentioned for the recipient of a fee. “Guarding” mentioned for the unpaid keeper; if he guarded it sufficiently he is not liable. For a paid keeper one estimates it only relative to his body. Therefore one judges him; if the guarding was appropriate he is not liable, otherwise he is liable. One does not say, if another had been there, he could have saved. If he saved, he is not liable; if he did not save, he is liable.

MISHNAH: How are plotting witnesses treated? “We testify about this man that he is the son of a divorcee or a woman who had received ḥalîṣah” One does not say that he should be decreed to be the son of a divorcee or a woman who had received ḥalîṣah in his stead, but he is flogged 40 [lashes]. “We testify about this man that he is obligated to go into exile.” One does not say, this one should go into exile in his stead but he is flogged 40 [lashes]. “We testify about this man that he divorced his wife but did not pay her ketubaḥ.” Would he not finally have to pay her ketubah today or tomorrow? But one estimates how much would a man be willing to pay for the ketubah of this woman in case she would be widowed or divorced, but if she died her husband would inherit from her.

MISHNAH: “We testify against this man that he owes another 1’000 denars payable within 30 days” but he says, within ten years. One estimates how much a person would be willing to pay to have 1’000 denars at his disposal to return them after ten years instead of returning them after thirty days. “We testify against this man that he owes another 200 denars” and they are found to be plotting, they are flogged and have to pay since the title which brings him to flogging is not the one which brings him to restitution, the words of Rebbi Ṃeïr. But the Sages say, anybody who pays is not flogged. “We testify against this man that he is liable to be flogged 40 lashes” and they are found plotting, they are whipped 80 because of do not testify against your neighbor as a false witness and because of do to him as he plotted to do to his neighbor, the words of Rebbi Ṃeïr. But the Sages say, they only are flogged 40 times. One distributes money but one does not distribute floggings. How? If they testified that he owes another person 200 denars and were found plotting, one distributes between them. If they testified that he is liable to be flogged 40 lashes and were found plotting, each one of them is flogged 40 lashes.

MISHNAH: One estimates him only for floggings divisible by three. If they estimated that he could receive forty; after he was flogged some, they said that he could not withstand forty, he is not liable. If they had estimated him for eighteen; after he was flogged they said that he could withstand forty, he is not liable. If he committed a transgression which involved two prohibitions, if they estimated him in one estimation he is flogged and then is no longer liable; otherwise he is flogged, recovers, and is flogged a second time.