evaluation

Maaser sheni may be redeemed at the lower market price: At the price at which the shopkeeper buys and not at which he sells. At the price at which the money-changer takes small change and not at the price at which he gives small change. Maaser sheni may not be redeemed in an estimated lump. If its value is known, it may be redeemed according to the evaluation of one. But if its value is not known, it must be redeemed according to the evaluation of three, as for instance in the case of wine which has formed a film, or produce which has begun to rot, or coins which have become rusty.

Maaser sheni may be redeemed at the lower market price: At the price at which the shopkeeper buys and not at which he sells. At the price at which the money-changer takes small change and not at the price at which he gives small change. Maaser sheni may not be redeemed in an estimated lump. If its value is known, it may be redeemed according to the evaluation of one. But if its value is not known, it must be redeemed according to the evaluation of three, as for instance in the case of wine which has formed a film, or produce which has begun to rot, or coins which have become rusty.

They may write the following documents during the festival: Betrothal of women [documents], divorce documents and receipts, wills of a dying person, bequests and prosbols; evaluation certificates and orders for support, documents of halitzah and of repudiation [of marriage] and arbitration records; decrees of the court and correspondence.

If a man found letters of evaluation, or letters of sustenance, or documents of halitzah or refusal, or documents of arbitration or any document drawn out by the court he should return them. If he found documents in a satchel or bag, or a bundle of documents he should return them. How many count as a bundle of documents? Three tied up together. Rabban Shimon ben Gamaliel says: [If one found three documents in which] one borrowed from three others, they should be returned to the borrower. But if [one found three documents in which] one loaned to three, they should be returned to the lender. If a man found a document among his documents and he does not know what is its nature, it must be left until Elijah comes. If there were postscripts amongst them, he should do what is stated in the postscript.

The laying on of the elders’ hands and the breaking of the heifer’s neck [are decided upon] by three, according to Rabbi Shimon. But Rabbi Judah says: “By five.” The rites of halitzah and “refusal” [are performed] before three. The fruit of fourth year plantings and Second Tithes whose value is not known [are redeemed] before three. Things dedicated to the Temple [are redeemed] before three. Vows of evaluation to be redeemed with movable property, [are evaluated] before three. Rabbi Judah says: “One must be a priest.” [Vows of evaluation], [to be redeemed] with land [are evaluated] before nine and a priest. And similarly [for the evaluation] of a man.

The laying on of the elders’ hands and the breaking of the heifer’s neck [are decided upon] by three, according to Rabbi Shimon. But Rabbi Judah says: “By five.” The rites of halitzah and “refusal” [are performed] before three. The fruit of fourth year plantings and Second Tithes whose value is not known [are redeemed] before three. Things dedicated to the Temple [are redeemed] before three. Vows of evaluation to be redeemed with movable property, [are evaluated] before three. Rabbi Judah says: “One must be a priest.” [Vows of evaluation], [to be redeemed] with land [are evaluated] before nine and a priest. And similarly [for the evaluation] of a man.

The laying on of the elders’ hands and the breaking of the heifer’s neck [are decided upon] by three, according to Rabbi Shimon. But Rabbi Judah says: “By five.” The rites of halitzah and “refusal” [are performed] before three. The fruit of fourth year plantings and Second Tithes whose value is not known [are redeemed] before three. Things dedicated to the Temple [are redeemed] before three. Vows of evaluation to be redeemed with movable property, [are evaluated] before three. Rabbi Judah says: “One must be a priest.” [Vows of evaluation], [to be redeemed] with land [are evaluated] before nine and a priest. And similarly [for the evaluation] of a man.

If he does not wish to redeem it, he breaks its neck from behind with a large knife and buries it. The mitzvah of redemption takes priority over the miztzah of breaking its neck, for it says: “And if you don’t redeem it, you must break its neck” (Exodus 13:13). The mitzvah of designation takes priority over the mitzvah of redemption, for it says: “Who has betrothed her to himself, he must let her be redeemed” (Exodus 21:8). The mitzvah of yibbum is prior to the mitzvah of halitzah. [This was so] at first when they intended to carry out the mitzvah. But now that they do not intend to carry out the mitzvah, the [rabbis] have said: the mitzvah of halitzah takes priority over the mitzvah of yibbum. The mitzvah of redemption [of an unclean animal whose value has been dedicated to the Temple] is upon the owner. He takes priority over any other man, for it says: “If it is not redeemed, then it shall be sold according to your evaluation” (Leviticus 27:27).

All [persons] are fit to evaluate or to be made the subjects of evaluation, are fit to vow [another's worth] or have their worth vowed: priests, Levites and [ordinary] Israelites, women and slaves. The tumtum and the hermaphrodite are fit to vow [another's worth], or to have their worth vowed, and are fit to evaluate, but they are not fit to be made the subjects of evaluation, for the subject of evaluation must be definitely either male or female. A deaf-mute, an imbecile, or a minor are fit to have their worth vowed or be made the subject of evaluation, but they are not fit to make either a vow [of another's worth] or to evaluate, because they have no intelligence. A person less than one month old may have his worth vowed but not his valuation.

All [persons] are fit to evaluate or to be made the subjects of evaluation, are fit to vow [another's worth] or have their worth vowed: priests, Levites and [ordinary] Israelites, women and slaves. The tumtum and the hermaphrodite are fit to vow [another's worth], or to have their worth vowed, and are fit to evaluate, but they are not fit to be made the subjects of evaluation, for the subject of evaluation must be definitely either male or female. A deaf-mute, an imbecile, or a minor are fit to have their worth vowed or be made the subject of evaluation, but they are not fit to make either a vow [of another's worth] or to evaluate, because they have no intelligence. A person less than one month old may have his worth vowed but not his valuation.

All [persons] are fit to evaluate or to be made the subjects of evaluation, are fit to vow [another's worth] or have their worth vowed: priests, Levites and [ordinary] Israelites, women and slaves. The tumtum and the hermaphrodite are fit to vow [another's worth], or to have their worth vowed, and are fit to evaluate, but they are not fit to be made the subjects of evaluation, for the subject of evaluation must be definitely either male or female. A deaf-mute, an imbecile, or a minor are fit to have their worth vowed or be made the subject of evaluation, but they are not fit to make either a vow [of another's worth] or to evaluate, because they have no intelligence. A person less than one month old may have his worth vowed but not his valuation.

All [persons] are fit to evaluate or to be made the subjects of evaluation, are fit to vow [another's worth] or have their worth vowed: priests, Levites and [ordinary] Israelites, women and slaves. The tumtum and the hermaphrodite are fit to vow [another's worth], or to have their worth vowed, and are fit to evaluate, but they are not fit to be made the subjects of evaluation, for the subject of evaluation must be definitely either male or female. A deaf-mute, an imbecile, or a minor are fit to have their worth vowed or be made the subject of evaluation, but they are not fit to make either a vow [of another's worth] or to evaluate, because they have no intelligence. A person less than one month old may have his worth vowed but not his valuation.

There is no evaluation less than one sela, nor more than fifty selas. How so? If one paid a sela and became rich, he need not give any [more]. But if he gave less than a sela and became rich, he must pay fifty selas. If he had five selas in his possession: Rabbi Meir says: he need not give more than one; The sages say he must give them all. There is no evaluation less than one sela, nor more than fifty selas. If a woman makes a mistake in her reckoning there is no re-opening for her [of the niddah count] earlier than seven, nor later than after seventeen days. No signs of leprosy are shut up for less than one week and none more than three weeks.

There is no evaluation less than one sela, nor more than fifty selas. How so? If one paid a sela and became rich, he need not give any [more]. But if he gave less than a sela and became rich, he must pay fifty selas. If he had five selas in his possession: Rabbi Meir says: he need not give more than one; The sages say he must give them all. There is no evaluation less than one sela, nor more than fifty selas. If a woman makes a mistake in her reckoning there is no re-opening for her [of the niddah count] earlier than seven, nor later than after seventeen days. No signs of leprosy are shut up for less than one week and none more than three weeks.

The law of evaluation is sometimes lenient, and at others times strict. The law of the field of possession is sometimes lenient, and at others times strict. The law concerning a warned ox that has killed a slave is sometimes lenient, and at others times strict. The law of the rapist and the seducer and the defamer is sometimes lenient, and at others times strict. The law of evaluation is sometimes lenient, and at others times strict. How so? Whether one has evaluated the fairest in Israel, or the ugliest in Israel, he must pay fifty selas. But if he said: “Behold, his monetary worth is upon me,” he pays only as much as he is worth.

The law of evaluation is sometimes lenient, and at others times strict. The law of the field of possession is sometimes lenient, and at others times strict. The law concerning a warned ox that has killed a slave is sometimes lenient, and at others times strict. The law of the rapist and the seducer and the defamer is sometimes lenient, and at others times strict. The law of evaluation is sometimes lenient, and at others times strict. How so? Whether one has evaluated the fairest in Israel, or the ugliest in Israel, he must pay fifty selas. But if he said: “Behold, his monetary worth is upon me,” he pays only as much as he is worth.

The sufficiency of means is according to the ability of the vower. And the age is according to the subject of the vow. The evaluation is according to the subject of the evaluation. And the evaluations [shall be paid according to the rate prescribed] at the time of the evaluation. The sufficiency of means is according to the ability of the vower. How so? If a poor man evaluated a rich man, he pays only the valuation of a poor man. But if a rich man evaluated a poor man, he must pay the valuation of a rich man.

The sufficiency of means is according to the ability of the vower. And the age is according to the subject of the vow. The evaluation is according to the subject of the evaluation. And the evaluations [shall be paid according to the rate prescribed] at the time of the evaluation. The sufficiency of means is according to the ability of the vower. How so? If a poor man evaluated a rich man, he pays only the valuation of a poor man. But if a rich man evaluated a poor man, he must pay the valuation of a rich man.

The sufficiency of means is according to the ability of the vower. And the age is according to the subject of the vow. The evaluation is according to the subject of the evaluation. And the evaluations [shall be paid according to the rate prescribed] at the time of the evaluation. The sufficiency of means is according to the ability of the vower. How so? If a poor man evaluated a rich man, he pays only the valuation of a poor man. But if a rich man evaluated a poor man, he must pay the valuation of a rich man.

But it is not so with sacrifices. If he said: “I take upon myself the sacrifices of this metzora,” and the metzora was poor, he brings the sacrifices of a poor metzora. But if the metzora was rich, he must bring the sacrifices of a rich man. Rabbi says: I say the same applies with regard to an evaluation. Why is a poor man who evaluated a rich man obliged to pay only the evaluation of a poor man? Because the rich man is not obligated at all. But if the rich man said: “My value is upon me” and the poor man, hearing that, said: “What this man has said, I take upon myself,” then he must pay the evaluation of a rich man. If he was poor and then became rich, or rich and then became poor, he must pay the evaluation of a rich man. Rabbi Judah says: even if he was poor and became rich and then again became poor he must pay the evaluation of a rich man.

But it is not so with sacrifices. If he said: “I take upon myself the sacrifices of this metzora,” and the metzora was poor, he brings the sacrifices of a poor metzora. But if the metzora was rich, he must bring the sacrifices of a rich man. Rabbi says: I say the same applies with regard to an evaluation. Why is a poor man who evaluated a rich man obliged to pay only the evaluation of a poor man? Because the rich man is not obligated at all. But if the rich man said: “My value is upon me” and the poor man, hearing that, said: “What this man has said, I take upon myself,” then he must pay the evaluation of a rich man. If he was poor and then became rich, or rich and then became poor, he must pay the evaluation of a rich man. Rabbi Judah says: even if he was poor and became rich and then again became poor he must pay the evaluation of a rich man.

But it is not so with sacrifices. If he said: “I take upon myself the sacrifices of this metzora,” and the metzora was poor, he brings the sacrifices of a poor metzora. But if the metzora was rich, he must bring the sacrifices of a rich man. Rabbi says: I say the same applies with regard to an evaluation. Why is a poor man who evaluated a rich man obliged to pay only the evaluation of a poor man? Because the rich man is not obligated at all. But if the rich man said: “My value is upon me” and the poor man, hearing that, said: “What this man has said, I take upon myself,” then he must pay the evaluation of a rich man. If he was poor and then became rich, or rich and then became poor, he must pay the evaluation of a rich man. Rabbi Judah says: even if he was poor and became rich and then again became poor he must pay the evaluation of a rich man.

But it is not so with sacrifices. If he said: “I take upon myself the sacrifices of this metzora,” and the metzora was poor, he brings the sacrifices of a poor metzora. But if the metzora was rich, he must bring the sacrifices of a rich man. Rabbi says: I say the same applies with regard to an evaluation. Why is a poor man who evaluated a rich man obliged to pay only the evaluation of a poor man? Because the rich man is not obligated at all. But if the rich man said: “My value is upon me” and the poor man, hearing that, said: “What this man has said, I take upon myself,” then he must pay the evaluation of a rich man. If he was poor and then became rich, or rich and then became poor, he must pay the evaluation of a rich man. Rabbi Judah says: even if he was poor and became rich and then again became poor he must pay the evaluation of a rich man.

But it is not so with sacrifices. If he said: “I take upon myself the sacrifices of this metzora,” and the metzora was poor, he brings the sacrifices of a poor metzora. But if the metzora was rich, he must bring the sacrifices of a rich man. Rabbi says: I say the same applies with regard to an evaluation. Why is a poor man who evaluated a rich man obliged to pay only the evaluation of a poor man? Because the rich man is not obligated at all. But if the rich man said: “My value is upon me” and the poor man, hearing that, said: “What this man has said, I take upon myself,” then he must pay the evaluation of a rich man. If he was poor and then became rich, or rich and then became poor, he must pay the evaluation of a rich man. Rabbi Judah says: even if he was poor and became rich and then again became poor he must pay the evaluation of a rich man.

“And the age is according to the subject of the vow:” How so? If a child evaluates an old man, he must pay the value of an old man. And if an old man evaluates a child he must pay the value of a child. The evaluation is according to the subject of the evaluation. How so? If a man evaluated a woman, he must pay the value of a woman. And if a woman evaluated a man, she must pay the value of a man. “And the evaluations [shall be paid according to the rate prescribed] at the time of the evaluation.” How so? If he evaluated one who was less than five years of age, and he became [meantime] older than five years of age, or if [he evaluated one] who was less than twenty years of age and he became twenty years old, he must pay [only] in accord with the age at the time of the valuation. The thirtieth day is considered to be under this age. The fifth year or twentieth year is considered to be under this age. For it says: “And if he is from sixty years old and upward” (Leviticus 27:7), thus we can learn thus with regard to all others from what is said about sixty years: just as the sixtieth year is considered to be under this age, so also the fifth and twentieth years are under this age. Is that so! Just because [the Torah] accounts the sixtieth year to be under this age, thereby being more stringent, shall we make the fifth or the twentieth year be considered under this age, in order to be lenient? Scripture says, “Years,” “years” as a gezerah shavah: just as with the sixtieth year the word “years” means that it is considered under this age, so the word “years” with the fifth and with the twentieth year are considered under this age, whether this results in being lenient or being stringent. Rabbi Elazar says: [this rule holds good] until they are a month and a day beyond the year.

“And the age is according to the subject of the vow:” How so? If a child evaluates an old man, he must pay the value of an old man. And if an old man evaluates a child he must pay the value of a child. The evaluation is according to the subject of the evaluation. How so? If a man evaluated a woman, he must pay the value of a woman. And if a woman evaluated a man, she must pay the value of a man. “And the evaluations [shall be paid according to the rate prescribed] at the time of the evaluation.” How so? If he evaluated one who was less than five years of age, and he became [meantime] older than five years of age, or if [he evaluated one] who was less than twenty years of age and he became twenty years old, he must pay [only] in accord with the age at the time of the valuation. The thirtieth day is considered to be under this age. The fifth year or twentieth year is considered to be under this age. For it says: “And if he is from sixty years old and upward” (Leviticus 27:7), thus we can learn thus with regard to all others from what is said about sixty years: just as the sixtieth year is considered to be under this age, so also the fifth and twentieth years are under this age. Is that so! Just because [the Torah] accounts the sixtieth year to be under this age, thereby being more stringent, shall we make the fifth or the twentieth year be considered under this age, in order to be lenient? Scripture says, “Years,” “years” as a gezerah shavah: just as with the sixtieth year the word “years” means that it is considered under this age, so the word “years” with the fifth and with the twentieth year are considered under this age, whether this results in being lenient or being stringent. Rabbi Elazar says: [this rule holds good] until they are a month and a day beyond the year.

“And the age is according to the subject of the vow:” How so? If a child evaluates an old man, he must pay the value of an old man. And if an old man evaluates a child he must pay the value of a child. The evaluation is according to the subject of the evaluation. How so? If a man evaluated a woman, he must pay the value of a woman. And if a woman evaluated a man, she must pay the value of a man. “And the evaluations [shall be paid according to the rate prescribed] at the time of the evaluation.” How so? If he evaluated one who was less than five years of age, and he became [meantime] older than five years of age, or if [he evaluated one] who was less than twenty years of age and he became twenty years old, he must pay [only] in accord with the age at the time of the valuation. The thirtieth day is considered to be under this age. The fifth year or twentieth year is considered to be under this age. For it says: “And if he is from sixty years old and upward” (Leviticus 27:7), thus we can learn thus with regard to all others from what is said about sixty years: just as the sixtieth year is considered to be under this age, so also the fifth and twentieth years are under this age. Is that so! Just because [the Torah] accounts the sixtieth year to be under this age, thereby being more stringent, shall we make the fifth or the twentieth year be considered under this age, in order to be lenient? Scripture says, “Years,” “years” as a gezerah shavah: just as with the sixtieth year the word “years” means that it is considered under this age, so the word “years” with the fifth and with the twentieth year are considered under this age, whether this results in being lenient or being stringent. Rabbi Elazar says: [this rule holds good] until they are a month and a day beyond the year.

[If one said:] “Half my value is upon me,” he must pay half his evaluation. [But if he said,] “The value of one half of me he is upon me,” he must pay his full value. [If he said] “Half of my worth is upon me,” he must pay half his worth. [If he said,] “The worth of half of me is upon me,” he must pay his whole worth. This is the general rule: Anything on which his life depends, he must pay his whole worth.

If he had many [tools] of one kind, and few of another kind, they may not say to him to sell the many and buy some of the few, but one leaves him two of the kind of which he has many and all that he has from those of which he has few. One who consecrates [all] his possessions to the Sanctuary, they count his tefillin in the evaluation.

Elazar began his discourse on this with the following text: “By laziness he that lays beams (mekoreh) becomes poor [yimak], and through idleness of the hands the house leaks” (Ecclesiastes 10:18). Through Israel’s laziness in not occupying themselves with Torah, the enemy of the Holy One, blessed be He, became poor. The meaning of “makh” is poor, as it says, “And if he is too makh for your evaluation” (Leviticus 27:8), and mekoreh means only the Holy One, blessed be He, as it says, “Who lays the beams [ha-mekareh] of Your upper chambers in the waters” (Psalms 104:3).

We only evaluate for malkus that are fit to. etc.: If he was already flogged then yes, [a differing evaluation would exonerate him. This implies that] if he wasn't already flogged then [a differing evaluation] would not [exonerate him.].

We only evaluate for malkus that are fit to. etc.: If he was already flogged then yes, [a differing evaluation would exonerate him. This implies that] if he wasn't already flogged then [a differing evaluation] would not [exonerate him.].

GEMARA: But it was taught in a baraisa, we do not use a single evaluation for two prohibitions!?