jehudah

HALAKHAH: “He who sets fire to a stack of sheaves,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: The Sages agree with Rebbi Jehudah about threshing tools which usually are hidden there. The argument of Rebbi Jehudah seems inverted. There he says except what is hidden, but here he says including what is hidden? But does not Rebbi Jehudah simply explain “stack”? Why was “stack” written? That he has to pay for all that is in it. The argument of the rabbis seems inverted. There they say, including what is hidden; but here they say, except what is hidden? But did not Rebbi Abbahu say in the name of Rebbi Joḥanan: The Sages agree with Rebbi Joḥanan about threshing tools which usually are hidden there? Rebbi Hoshaia said, if there are no witnesses. But if there are witnesses, everybody agrees with Rebbi (Yose) as it was stated: “If it was a stack of wheat sheaves covered with barley or a stack of barley sheaves covered with wheat, he pays for a stack of barley.” As the following: A person deposited a tied sack with another person, when something happened. This one said, it was full of dross, but the other said, it was full of raw silk. [ ] He swears and collects.

HALAKHAH: “He who sets fire to a stack of sheaves,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: The Sages agree with Rebbi Jehudah about threshing tools which usually are hidden there. The argument of Rebbi Jehudah seems inverted. There he says except what is hidden, but here he says including what is hidden? But does not Rebbi Jehudah simply explain “stack”? Why was “stack” written? That he has to pay for all that is in it. The argument of the rabbis seems inverted. There they say, including what is hidden; but here they say, except what is hidden? But did not Rebbi Abbahu say in the name of Rebbi Joḥanan: The Sages agree with Rebbi Joḥanan about threshing tools which usually are hidden there? Rebbi Hoshaia said, if there are no witnesses. But if there are witnesses, everybody agrees with Rebbi (Yose) as it was stated: “If it was a stack of wheat sheaves covered with barley or a stack of barley sheaves covered with wheat, he pays for a stack of barley.” As the following: A person deposited a tied sack with another person, when something happened. This one said, it was full of dross, but the other said, it was full of raw silk. [ ] He swears and collects.

HALAKHAH: “He who sets fire to a stack of sheaves,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: The Sages agree with Rebbi Jehudah about threshing tools which usually are hidden there. The argument of Rebbi Jehudah seems inverted. There he says except what is hidden, but here he says including what is hidden? But does not Rebbi Jehudah simply explain “stack”? Why was “stack” written? That he has to pay for all that is in it. The argument of the rabbis seems inverted. There they say, including what is hidden; but here they say, except what is hidden? But did not Rebbi Abbahu say in the name of Rebbi Joḥanan: The Sages agree with Rebbi Joḥanan about threshing tools which usually are hidden there? Rebbi Hoshaia said, if there are no witnesses. But if there are witnesses, everybody agrees with Rebbi (Yose) as it was stated: “If it was a stack of wheat sheaves covered with barley or a stack of barley sheaves covered with wheat, he pays for a stack of barley.” As the following: A person deposited a tied sack with another person, when something happened. This one said, it was full of dross, but the other said, it was full of raw silk. [ ] He swears and collects.

MISHNAH: If a spark came from under a hammer and caused damage, he is liable. If a camel was loaded with flax and while it walked in the public domain the flax entered a store, was lit by the storekeeper’s light, and set the building on fire, the camel’s owner is liable. If the store owner put his light outside, the store owner is liable. Rebbi Jehudah says, in case of a Ḥanukkah light he is not liable.

HALAKHAH: “If a spark is coming from under a hammer,” etc. “Rebbi Jehudah stated: In case of a Ḥanukkah light he is not liable because he acted with permission. But the Sages say, in any case he is liable, as, e. g., those who build huts in front of their stores on Tabernacles because it is permitted; but if somebody else is hurt by them, he is liable.”

HALAKHAH: “Medical costs. If he hit a person, he has to pay that person’s medical costs,” etc. Rebbi Jeremiah asked: If there was a growth around the wound and complications ensued because of the wound, what is the rule? Since it is written: “And healing he shall heal,” if [the patient] did not follow the doctor’s instructions, he is [not liable]. It was stated in another baraita: If [the wound] was covered with scab, he must pay for medical treatment. It was stated: “Rebbi Yose ben Rebbi Jehudah says, if there was a growth around the wound, even if complications ensued because of the wound, he must pay for medical treatment but he is not liable to pay for his loss of earnings. Rebbi Simeon says, in this paragraph Scripture introduced a novelty stating that he has to pay for loss of earnings together with medical treatment: ‘Only his loss of earnings he shall compensate and healing he shall heal.’ ”

MISHNAH: This is more severe regarding a human than an ox since a human pays damages and pays for unborn children, but the ox pays only damages and does not pay for unborn children. A person who hits his father or mother without causing a concussion or who causes injury on the Day of Atonement is liable for everything. He who injures a Hebrew slave is liable for everything except for lost earnings if he is his own. He who injures another person’s Canaanite slave is liable for everything. Rebbi Jehudah says, slaves have no claim for embarrassment.

MISHNAH: He who hits another pays him a tetradrachma; Rebbi Jehudah says in the name of Rebbi Yose the Galilean, a mina. If he slapped him, he pays 200 zuz, with the back of his hand he gives him 400 zuz. If he hurt him on his earlobe, tore out some of his hair, spat on him and the spit touched him, removed his stole, uncovered a woman’s hair, he pays 400 zuz; everything corresponding to his honor. Rebbi Aqiba said, even the poorest in Israel are treated as aristocrats who lost their property, for they are descendents of Abraham, Isaac, and Jacob. In a case where somebody uncovered a woman’s hair, she came before Rebbi Aqiba who obligated him to pay her 400 zuz. He said to him, Rabbi, give me some time, which he did. He watched her at the entrance of her courtyard and broke a flask before her which contained an as worth of oil. She uncovered her hair, splashed her hand with the oil and worked it onto her head. He had her observed by witnesses and came before Rebbi Aqiba, telling him, to such a one I have to give 400 zuz? He told him, you did not say anything since a person who injures himself, while he is not allowed to do that, is not liable, but others who injure him are liable; a person who cuts down his fruit trees, while he is not allowed to do that, is not liable, but others who cut down his fruit trees are.

HALAKHAH: “He who hits another pays him a tetradrachma.” “Rebbi Aqiba said, even the poorest in Israel,” etc. Rav Qarni stated: For a kick, one. For an elbow, three. For sqlvnqyt fifteen. Somebody said in the name of Rebbi Simeon ben Laqish: He who puts an Elder to shame has fully to pay for his shame. A person insulted Rebbi Jehudah ben Ḥanina. The case came before Rebbi Simeon ben Laqish who fined him a pound of gold.

It was stated: Rebbi Jehudah says in the name of Rabban Gamliel. Since it says that “He will give you mercy etc.”, let the following be a sign in your hand: Whenever that you show mercy, the Omnipresent will have mercy on you. If you do not show mercy, the Omnipresent will not have mercy on you. Rav said: If a person misbehaved towards another and asked for pardon but the other did not respond, let him assemble a row of people and ask for pardon, as it is written: “Form a row of men, etc.” If he does so, what is written there? “He redeemed his soul from the pit, not to go to destruction etc.” Rebbi Yose said, that is if he did not defame, but the defamer is never pardoned.

HALAKHAH: “If he robbed an animal and it aged,” etc. Rav Huna said, if he robbed a calf and it became a bull; but if he robbed a bull and it aged, he tells him: Here is your property before you. Samuel said, even if he robbed a calf and it became a bull, he tells him: Here is your property before you. Rav Qarna stated: Even if he robbed a calf and it became a bull before he slaughtered or sold it, he pays quadruple or quintuple the value of a calf. The father of Samuel bar Immi said in the name of Rav Jehudah: Practice follows Rebbi Meïr.

HALAKHAH: “If he robbed a coin and it was split,” etc. Rav Huna said, if the government invalidated it. Samuel said, if really it was split. Rebbi Jehudah ben Pazi in the name of Rebbi Yose ben Ḥanina: Only if they rotted because of maggots but if they rotted because of worms they are like healthy ones. Rav Huna said, if the government invalidated it, but if the country invalidated it, he may say to him: Here is your property before you. Samuel said, even if the government invalidated it, he may say to him: Here is your property before you.

MISHNAH: If one gave wool to the dyer and the vat burned it, he gives him the value of his wool. If he dyed it poorly, if the increased value is more than the expenses, he gives him his expenses; if the expenses are more than the increased value he gives him the increased value. To dye it red and he dyed it black, black and he dyed it red, Rebbi Meïr says, he gives him the value of his wool. Rebbi Jehudah says, if the increased value is more than the expenses, he gives him his expenses; if the expenses are more than the increased value he gives him the increased value.

It was stated: One gives money to another to buy wheat for him, but the man bought barley. If it went down in price, it went down in price for him; if it rose in price, it rose for him. We stated otherwise: “If it went down in price, it went down in price for him; if it rose in price, it rose for both of them.” [He who said if it went down in price, it went down in price for him; if it rose in price, it rose for him, is Rebbi Meïr. What is Rebbi Meïr’s reason? Because the seller intended to transfer ownership only to the buyer. But he who said, if it went down in price, it went down in price for him; if it rose in price, it rose for both of them, is Rebbi Jehudah.] What is Rebbi Jehudah’s reason? Because the seller intended to transfer ownership only to the owner of the money. Why does he (not) split with him? Because it is forbidden to take advantage of another person. Then even if one gave him money to buy wheat and he bought wheat? [Rebbi Joḥanan said, if he had given money to buy wheat and he bought wheat,] the seller intended to transfer ownership only to the owner of the money. If he had given money to buy wheat and he bought barley, the seller intended to transfer ownership only to the buyer, who is stuck with what he has on his hands. Rebbi Nasa said, if he was true to his agency, did the seller not intend to transfer ownership to the owner of the money? If he was not true to his agency, he intended to transfer ownership to the buyer. Then why does he split with him? He said, because he realizes a profit by means of the other man’s money, he splits with him.

It was stated: One gives money to another to buy wheat for him, but the man bought barley. If it went down in price, it went down in price for him; if it rose in price, it rose for him. We stated otherwise: “If it went down in price, it went down in price for him; if it rose in price, it rose for both of them.” [He who said if it went down in price, it went down in price for him; if it rose in price, it rose for him, is Rebbi Meïr. What is Rebbi Meïr’s reason? Because the seller intended to transfer ownership only to the buyer. But he who said, if it went down in price, it went down in price for him; if it rose in price, it rose for both of them, is Rebbi Jehudah.] What is Rebbi Jehudah’s reason? Because the seller intended to transfer ownership only to the owner of the money. Why does he (not) split with him? Because it is forbidden to take advantage of another person. Then even if one gave him money to buy wheat and he bought wheat? [Rebbi Joḥanan said, if he had given money to buy wheat and he bought wheat,] the seller intended to transfer ownership only to the owner of the money. If he had given money to buy wheat and he bought barley, the seller intended to transfer ownership only to the buyer, who is stuck with what he has on his hands. Rebbi Nasa said, if he was true to his agency, did the seller not intend to transfer ownership to the owner of the money? If he was not true to his agency, he intended to transfer ownership to the buyer. Then why does he split with him? He said, because he realizes a profit by means of the other man’s money, he splits with him.

HALAKHAH: “If he gave the money to Yehoiarib,” etc. Rebbi Ḥizqiah said, they disagree about two weeks, Rebbi Yose said about one week. He who said about two weeks, “if he gave the money to Yehoiarib on Yedaiah’s watch and the reparation offering to Yedaiah on Yehoiarib’s watch, he has fulfilled his obligation. Rebbi said, following Rebbi Jehudah’s words if the men from Yehoiarib offered the reparation offering there was no atonement; but the money should be transferred from the men of Yedaiah to the men of Yehoiarib; the men from Yehoiarib then shall offer the reparation offering for atonement.” This implies that one removes the money given to men of a watch not during their week. He who said that they disagree about one week, if he gave the money to Yehoiarib on Yedaiah’s watch and the reparation offering to Yedaiah on Yehoiarib’s watch, means that he did not fulfill his obligation, etc. This implies that one does not remove a sacrifice which men of a watch received during their week. But if the watch of the men of Yehoiarib dragged their feet, then the baraita implies that they dragged their feet after the men of Yehoiarib received the reparation offering after days, and there is no atonement. But one has to transfer the money from the men of Yedaiah to the men of Yehoiarib, the men of Yedaiah shall offer the reparation offering, and there will be atonement. This implies that if men of a watch received a sacrifice during their week but were lazy and did not offer it, one removes it from their hand.

MISHNAH: Rebbi Jehudah says, anything out of the ordinary one has to make public. How is this? If he found a fig cake containing a potsherd, or a loaf containing coins. Rebbi Simeon ben Eleazar said, merchandise of any kind one does not have to make public.

HALAKHAH: “Rebbi Jehudah says, anything out of the ordinary,” etc. It was stated: If it is embedded in it. Here you say, if it is embedded in it. But there you say, if it lies on top of it. When you say, if it is embedded in it, in the public domain. When you say, if it lies on top of it, in a private domain. Maybe even in the public domain? If it lies on top of it, I am saying that if fell there.

HALAKHAH: “But the following must be made public,” etc. Rav Jehudah says three coins of three kings. Rebbi Eleazar said, or even three from one king if they form a tower? Of three kings and they are in three towers? Or even three of one king as a tower.

HALAKHAH: “If one found behind a temporary fence”, etc. Rav Jehudah said: Only pigeon chicks tied together at their wings. Rebbi Abba bar Zavda found a ring covered in a box and took it. He came and asked Rav, who told him, you did not act correctly. He said, shall I return it? He answered, no, for we might say that his owner came, looked for it, did not find it and gave up hope for it.

MISHNAH: How long does one have to make it public. Until his neighbors know, the words of Rebbi Meïr. Rebbi Jehudah says, three holidays, and after the last holiday seven days so that one goes home during three days, comes back during three days, and makes it public for one day.

HALAKHAH: “Anything which works and eats,” etc. It was stated: There should not be given food in the value of a calf to calves, a foal to foals, or a chicken to chickens. It happened that a man found five calves; he was selling and feeding until only one was left. Rav Jehudah in the name of Rav: Practice follows Rebbi Tarphon about objects with distinguishing marks. Rebbi Abba and Rav Jehudah in the name of Rav: It happened that Rebbi instructed following Rebbi Tarphon in a case about objects with distinguishing marks. Rav Jehudah said, a scholar does not have to indicate a distinguishing mark. Rav Huna said, everybody agrees that if it was a bundle of coins he may not touch them.

HALAKHAH: “Anything which works and eats,” etc. It was stated: There should not be given food in the value of a calf to calves, a foal to foals, or a chicken to chickens. It happened that a man found five calves; he was selling and feeding until only one was left. Rav Jehudah in the name of Rav: Practice follows Rebbi Tarphon about objects with distinguishing marks. Rebbi Abba and Rav Jehudah in the name of Rav: It happened that Rebbi instructed following Rebbi Tarphon in a case about objects with distinguishing marks. Rav Jehudah said, a scholar does not have to indicate a distinguishing mark. Rav Huna said, everybody agrees that if it was a bundle of coins he may not touch them.

HALAKHAH: “Anything which works and eats,” etc. It was stated: There should not be given food in the value of a calf to calves, a foal to foals, or a chicken to chickens. It happened that a man found five calves; he was selling and feeding until only one was left. Rav Jehudah in the name of Rav: Practice follows Rebbi Tarphon about objects with distinguishing marks. Rebbi Abba and Rav Jehudah in the name of Rav: It happened that Rebbi instructed following Rebbi Tarphon in a case about objects with distinguishing marks. Rav Jehudah said, a scholar does not have to indicate a distinguishing mark. Rav Huna said, everybody agrees that if it was a bundle of coins he may not touch them.

The great Jehudah went to the synagogue. He took off his sandals and they disappeared. He said, if I had not gone to the synagogue, my sandals would not have disappeard. Rebbi Yose was sitting and teaching when a dead body was brought in. He did not say anything either to those who got up or to those who remained sitting.

HALAKHAH: “Between his lost property and his father’s lost property,” etc. It was stated: “Who is his teacher who taught him wisdom? The one who taught him first, the words of Rebbi Meïr. Rebbi Jehudah says, the one from whom he received most of his instruction. Rebbi Yose said, anyone who explained a Mishnah to him.” Rav followed Rebbi Meïr, Rebbi Joḥanan Rebbi Jehudah, and Samuel Rebbi Yose.

HALAKHAH: “Between his lost property and his father’s lost property,” etc. It was stated: “Who is his teacher who taught him wisdom? The one who taught him first, the words of Rebbi Meïr. Rebbi Jehudah says, the one from whom he received most of his instruction. Rebbi Yose said, anyone who explained a Mishnah to him.” Rav followed Rebbi Meïr, Rebbi Joḥanan Rebbi Jehudah, and Samuel Rebbi Yose.

Rebbi Joḥanan followed Rebbi Jehudah. Rebbi Joḥanan was climbing from Tiberias to Sepphoris when he saw a man descending from there. He asked him, what is new in the big city? He told him, one of the great rabbis died and everbody was running to occupy themselves with him. Rebbi Joḥanan understood that it was Rebbi Ḥanina. He sent and brought his good Sabbath clothes and tore them. But did we not state: Any tear which is not in panic is not a tear? Rebbi Joḥanan wanted to do more and show his appreciation. But we do not know whether it was because he was his teacher or because of bad news. There is the case of Rebbi Ḥiyya bar Abba in Sepphoris. He saw that everybody was running. He asked, why is everybody running? They told him, Rebbi Joḥanan is preaching in Rebbi Banaia’s study house and everybody is running to hear him. He said, praised be the Merciful Who showed me people running while I am alive. In Agadah I explained him everything except Proverbs and Ecclesiastes. This means every single student.

MISHNAH: If somebody deposits produce with another person, the latter returns it deducting losses, for wheat and rice 9/2 qab per kor, for barley and millet nine qab per kor, for spelt and linseed three se‘ah per kor; everything proportional to quantity and time elapsed. Rebbi Joḥanan ben Nuri said, do the rats care, do they not eat from much as from little? But he only deducts what corresponds to one kor. Rebbi Jehudah says, if it was a large quantity, he does not deduct because of the surplus. He deducts one sixth of wine; Rebbi Jehudah says a fifth. He deducts three log of oil per hundred, a log and a half lees, a log and a half absorption. If it was refined oil, he does not deduct lees; if the vessels were old, he does not deduct absorption. Rebbi Jehudah says, also if somebody sells refined oil during the entire year, [the buyer] accepts a log and a half lees per hundred.

MISHNAH: If somebody deposits produce with another person, the latter returns it deducting losses, for wheat and rice 9/2 qab per kor, for barley and millet nine qab per kor, for spelt and linseed three se‘ah per kor; everything proportional to quantity and time elapsed. Rebbi Joḥanan ben Nuri said, do the rats care, do they not eat from much as from little? But he only deducts what corresponds to one kor. Rebbi Jehudah says, if it was a large quantity, he does not deduct because of the surplus. He deducts one sixth of wine; Rebbi Jehudah says a fifth. He deducts three log of oil per hundred, a log and a half lees, a log and a half absorption. If it was refined oil, he does not deduct lees; if the vessels were old, he does not deduct absorption. Rebbi Jehudah says, also if somebody sells refined oil during the entire year, [the buyer] accepts a log and a half lees per hundred.

MISHNAH: If somebody deposits produce with another person, the latter returns it deducting losses, for wheat and rice 9/2 qab per kor, for barley and millet nine qab per kor, for spelt and linseed three se‘ah per kor; everything proportional to quantity and time elapsed. Rebbi Joḥanan ben Nuri said, do the rats care, do they not eat from much as from little? But he only deducts what corresponds to one kor. Rebbi Jehudah says, if it was a large quantity, he does not deduct because of the surplus. He deducts one sixth of wine; Rebbi Jehudah says a fifth. He deducts three log of oil per hundred, a log and a half lees, a log and a half absorption. If it was refined oil, he does not deduct lees; if the vessels were old, he does not deduct absorption. Rebbi Jehudah says, also if somebody sells refined oil during the entire year, [the buyer] accepts a log and a half lees per hundred.

“He deducts one sixth of wine; Rebbi Jehudah says a fifth.” Rav Oshaia said, if he did not tell him; “I am providing you with refined oil the entire year.” But if he said so, he has to provide him with refined oil.

MISHNAH: “If somebody deposits coins with a money changer, if they are tied together, he may not use them, if loose, he may use them. With a householder, whether tied together or loose he may not use them. The storekeeper is like a householder, the words of Rebbi Meïr; Rebbi Jehudah says, like a money changer.

Rebbi Ze‘ira, Rav Jehudah in the name of Samuel: One had a cow and one a donkey. They exchanged one for the other. The donkey’s owner took the cow. When the cow’s owner came to take the donkey and found that it had a fracture, the donkey’s owner had to bring proof that his donkey was well at the moment he took the cow. Anybody who does not agree to this does not know anything about civil law. Rebbi Ze‘ira said, I do not agree, I do not know anything about civil law. There, we have stated: “If she had bodily defects, as long as she was in her father’s house,” etc. Rebbi Ḥuna, Rebbi Phineas, and Rebbi Ḥizqiah went to visit Rebbi Yose to sharpen wits. They quoted the statement and he told them, look at the next statement: “Once she entered the husband’s domain, the husband has to prove.” Would not the father have to prove? But you are saying that the husband has to prove; here also, the owner has to prove.

(Rebbi Abba, Rav Jehudah in the name of Samuel: One had a cow and one a donkey. They exchanged them.) The donkey’s owner took the cow; he did not acquire it. Would the donkey be acquired? Rebbi Abba said, he acquired. Rebby Yasa said, he did not acquire. Rebbi Mana said, there is a situation in which Rebbi Yose would agree: A man said to another, I want to sell my cow. He asked him, for how much? He answered, for eight denars. He went and gave him a draft on his banker. In the morning he went and found him open for business. He asked him, what are you doing here? He answered, I want to collect the denars in the draft I have on you. He asked him, what do you want to buy with them? He answered, a donkey. He told him, your donkey is with me. If either of them took possession, the other did not acquire but each animal separately has to be taken in possession.

MISHNAH: Cheating is four obols per tetradrachma of 24 obols, one sixth of the sale price. Until when may one return [the merchandise]? Until one can show it to a trader or a relative. Rebbi Tarphon instructed in Lydda that cheating is eight obols per tetradrachma, a third of the sale price, and the traders of Lydda were rejoicing. He told them, one may return [the merchandise] the entire day; they said, let Rebbi Tarphon keep our place quiet; they returned to the words of the Sages. Just as a private person can be cheated, so a trader can be cheated. Rebbi Jehudah says, a trader has no claim of being cheated. The person overcharged has the advantage; if he so desires, he says, give me my money back, or give me back by what you overcharged me.

HALAKHAH: “Cheating is four obols,” etc. Rav said, this is the rate; Rebbi Joḥanan said, it is not the rate. Rav said, if somebody trades on condition that the rules of cheating not apply to him, the rules of cheating do apply to him. Rebbi Levi stated: Cheating applies to a peruṭah, cheating can be by a peruṭah. But what is the status of cheating? It was stated: The item was acquired, he returns the overcharge, the words of Rebbi Jehudah the Prince; Rebbi Joḥanan said, the sale is annulled.

MISHNAH: By how much could a tertradrachma be deficient without it being cheating? Rebbi Meïr says four assarii, one assarius per denar. Rebbi Jehudah says four dupondii, a dupondius per denar. Rebbi Simeon says eight dupondii, two dupondii per denar.

MISHNAH: The following are not under the rules of cheating: Slaves, securities, real estate, and Temple property; they are not under the rules of double or quadruple or quintuple restitution. An unpaid trustee does not have to swear, a paid trustee does not pay. Rebbi Simeon says, sacrifices which he is obligated to warrant are under the rules of cheating; those for which he is not obligated to warrant are not under the rules of cheating. Rebbi Jehudah says, also he who sells a Torah scroll, an animal, or a pearl is not under the rules of cheating. They told him, they said only these.

HALAKHAH: “The following are not under the rules of cheating,” etc. It was stated: “Rebbi Jehudah says, also a Torah scroll, an animal, and a pearl are not under the rules of cheating. A Torah scroll, for its value is infinite. An animal and a pearl need to be paired. They said to him, does not a person want to pair everything?” It was stated: “Rebbi Jehudah ben Bathyra says, a sword, a horse, and a shield are not under the rules of cheating at wartime.”

HALAKHAH: “The following are not under the rules of cheating,” etc. It was stated: “Rebbi Jehudah says, also a Torah scroll, an animal, and a pearl are not under the rules of cheating. A Torah scroll, for its value is infinite. An animal and a pearl need to be paired. They said to him, does not a person want to pair everything?” It was stated: “Rebbi Jehudah ben Bathyra says, a sword, a horse, and a shield are not under the rules of cheating at wartime.”

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

HALAKHAH: “One may increase rental fees,” etc. It was stated: “If somebody sells a field to another and stipulates, on condition that I shall work it as a sharecropper, on condition that I shall be part owner, on condition that the tithes shall be mine, on condition that if you sell it, you will sell it only to me, that anytime I want I may pay you back and take it; this is permitted.” “If he owed him money and wrote his field over to him as a sale, any time the seller eats the yield it is permitted; any time the buyer eats the yield, it is forbidden. Rebbi Jehudah says, in any case it is permitted. Rebbi Jehudah said, that is what Boethos ben Zenon did following the Sages. They said to him, is that a proof? The seller was eating the yield.” Rebbi Joḥanan, Rebbi Eleazar, and Rebbi Hoshaia said, Rebbi Jehudah learned from the houses of walled cities. As it was stated: The year mentioned in the Torah regarding walled cities is like interest but it is not interest. Another Tanna stated: This is interest but the Torah permitted it. He who said, it is like interest but it is not interest, Rebbi Meïr. He who said, this is interest but the Torah permitted it, Rebbi Jehudah. Rebbi Idi said, when I came from the Diaspora, I found that a case was before Rebbi Immi of “it is like interest but it is not interest.” Rebbi Ḥizqiah said, they only said that “this is interest but the Torah permitted it.” There, the Torah permitted it, therefore not in any other case. Nevertheless, Rebbi Immi did not consider it, for he said: a house dwells with its inhabitants.

HALAKHAH: “One may increase rental fees,” etc. It was stated: “If somebody sells a field to another and stipulates, on condition that I shall work it as a sharecropper, on condition that I shall be part owner, on condition that the tithes shall be mine, on condition that if you sell it, you will sell it only to me, that anytime I want I may pay you back and take it; this is permitted.” “If he owed him money and wrote his field over to him as a sale, any time the seller eats the yield it is permitted; any time the buyer eats the yield, it is forbidden. Rebbi Jehudah says, in any case it is permitted. Rebbi Jehudah said, that is what Boethos ben Zenon did following the Sages. They said to him, is that a proof? The seller was eating the yield.” Rebbi Joḥanan, Rebbi Eleazar, and Rebbi Hoshaia said, Rebbi Jehudah learned from the houses of walled cities. As it was stated: The year mentioned in the Torah regarding walled cities is like interest but it is not interest. Another Tanna stated: This is interest but the Torah permitted it. He who said, it is like interest but it is not interest, Rebbi Meïr. He who said, this is interest but the Torah permitted it, Rebbi Jehudah. Rebbi Idi said, when I came from the Diaspora, I found that a case was before Rebbi Immi of “it is like interest but it is not interest.” Rebbi Ḥizqiah said, they only said that “this is interest but the Torah permitted it.” There, the Torah permitted it, therefore not in any other case. Nevertheless, Rebbi Immi did not consider it, for he said: a house dwells with its inhabitants.

HALAKHAH: “One may increase rental fees,” etc. It was stated: “If somebody sells a field to another and stipulates, on condition that I shall work it as a sharecropper, on condition that I shall be part owner, on condition that the tithes shall be mine, on condition that if you sell it, you will sell it only to me, that anytime I want I may pay you back and take it; this is permitted.” “If he owed him money and wrote his field over to him as a sale, any time the seller eats the yield it is permitted; any time the buyer eats the yield, it is forbidden. Rebbi Jehudah says, in any case it is permitted. Rebbi Jehudah said, that is what Boethos ben Zenon did following the Sages. They said to him, is that a proof? The seller was eating the yield.” Rebbi Joḥanan, Rebbi Eleazar, and Rebbi Hoshaia said, Rebbi Jehudah learned from the houses of walled cities. As it was stated: The year mentioned in the Torah regarding walled cities is like interest but it is not interest. Another Tanna stated: This is interest but the Torah permitted it. He who said, it is like interest but it is not interest, Rebbi Meïr. He who said, this is interest but the Torah permitted it, Rebbi Jehudah. Rebbi Idi said, when I came from the Diaspora, I found that a case was before Rebbi Immi of “it is like interest but it is not interest.” Rebbi Ḥizqiah said, they only said that “this is interest but the Torah permitted it.” There, the Torah permitted it, therefore not in any other case. Nevertheless, Rebbi Immi did not consider it, for he said: a house dwells with its inhabitants.

HALAKHAH: “One may increase rental fees,” etc. It was stated: “If somebody sells a field to another and stipulates, on condition that I shall work it as a sharecropper, on condition that I shall be part owner, on condition that the tithes shall be mine, on condition that if you sell it, you will sell it only to me, that anytime I want I may pay you back and take it; this is permitted.” “If he owed him money and wrote his field over to him as a sale, any time the seller eats the yield it is permitted; any time the buyer eats the yield, it is forbidden. Rebbi Jehudah says, in any case it is permitted. Rebbi Jehudah said, that is what Boethos ben Zenon did following the Sages. They said to him, is that a proof? The seller was eating the yield.” Rebbi Joḥanan, Rebbi Eleazar, and Rebbi Hoshaia said, Rebbi Jehudah learned from the houses of walled cities. As it was stated: The year mentioned in the Torah regarding walled cities is like interest but it is not interest. Another Tanna stated: This is interest but the Torah permitted it. He who said, it is like interest but it is not interest, Rebbi Meïr. He who said, this is interest but the Torah permitted it, Rebbi Jehudah. Rebbi Idi said, when I came from the Diaspora, I found that a case was before Rebbi Immi of “it is like interest but it is not interest.” Rebbi Ḥizqiah said, they only said that “this is interest but the Torah permitted it.” There, the Torah permitted it, therefore not in any other case. Nevertheless, Rebbi Immi did not consider it, for he said: a house dwells with its inhabitants.

“A person was transporting from a lowprice place to a highprice one. Another said to him, give it to me, I shall pay you what you would charge at place X. If the responsibility is the giver’s, it is forbidden, but the buyer’s is permitted. A person was transporting a package from place to place. Another said to him, give it to me, I shall pay you what you would charge at place X. If the responsibility is the giver’s, it is forbidden, but the buyer’s is permitted. But donkey drivers who receive from householders obtain produce for a highprice place at lowprice rates.” Rebbi Jehudah bar Pazi: At a place where usually they can go and return the same day. Rav Huna said, he becomes his agent. But did one not object to [Rav] Huna: If an agent fell victim to an accident, is he liable? If he was the victim of an accident, he is not liable. Does it not happen that an unpaid trustee accepts to be like a borrower? But did not Rebbi Hoshaia state: Just as he is liable for the entirety, so he is liable for a part! Why does one quote this? There, he would pay a high price, but here he pays at the low rate.

MISHNAH: One does not contract for produce until a rate was established. If he was the first to harvest, he may contract for the stack of sheaves, or the vat of grapes, or the barrel of olives, or for potter’s clay and lime when it was loaded in his oven. One may contract for manure the entire year; Rebbi Yose says, one may not contract for manure unless he has manure on his dungheap, but the Sages permit it. One contracts for wholesale price; Rebbi Jehudah says, even if one did not contract for wholesale price he may say to him, give me some like that or return my money. A person may lend to his sharecroppers wheat for wheat as seed grain but not as food; but Rebban Gamliel lent his sharecroppers wheat grain; if at high price and the rate went down or at low price and the rate went up, he took from them at the low rate, not because this is practice but because he wanted to be strict with himself.

MISHNAH: All artisans are paid trustees, but in any case where he said, take what is yours and bring money, he becomes an unpaid trustee. Watch over what is mine and I shall watch over what is yours, paid trustee. Watch over what is mine, and he said, put it down before you, an unpaid trustee. He who gives a loan on a pledge is a paid trustee; Rebbi Jehudah said, if he lent money, he is an unpaid trustee, if produce, a paid trustee. Abba Shaul said, a person is authorized to rent out a poor person’s pledge to continuously slice off [from the loan] because he is like a person who returns lost property.

In Tiberias one does not work early or late. In Bet Ma‘on one works early and late. People from Tiberias who climb up to be hired in Bet Ma‘on are hired on the terms of Bet Maon. People from Bet Ma‘on who descend to Tiberias are hired on the terms of Tiberias. But an employer from Tiberias who climbs up to hire workers in Bet Maon can tell them, you should not think that I could not find workers to hire in Tiberias but came up because I heard that you start early and work late. At a place where there is no common usage, Jehudah ben Buni, Rebbi Immi, Rav Jehudah: It is a stipulation of the court that the early part of morning belong to the workers and the late part of evening to the employer. What is the reason? “You make darkness, there is night; the young lions roar for prey; You give to them, they are collecting; the sun shines, they return; man leaves for his work.” (In the evening) [Fridays] both early rising and late going is at the employer’s expense. How much? That he may fill an amphora of water, fry himself a fish, and light the candle.

In Tiberias one does not work early or late. In Bet Ma‘on one works early and late. People from Tiberias who climb up to be hired in Bet Ma‘on are hired on the terms of Bet Maon. People from Bet Ma‘on who descend to Tiberias are hired on the terms of Tiberias. But an employer from Tiberias who climbs up to hire workers in Bet Maon can tell them, you should not think that I could not find workers to hire in Tiberias but came up because I heard that you start early and work late. At a place where there is no common usage, Jehudah ben Buni, Rebbi Immi, Rav Jehudah: It is a stipulation of the court that the early part of morning belong to the workers and the late part of evening to the employer. What is the reason? “You make darkness, there is night; the young lions roar for prey; You give to them, they are collecting; the sun shines, they return; man leaves for his work.” (In the evening) [Fridays] both early rising and late going is at the employer’s expense. How much? That he may fill an amphora of water, fry himself a fish, and light the candle.

MISHNAH: The following eat by Torah law: He who works on produce connected to the ground at the completion of work, or separated from the ground before the completion of work, only things grown from the earth. But the following may not eat: He who works on produce connected to the ground before the completion of work, or separated from the ground after the completion of work, or things not grown from the earth. If he was working with his hand but not with his feet, with his feet but not with his hands, even with his shoulder, he may eat. Rebbi Yose ben Rebbi Jehudah says, only if he works with hands and feet.

“Rebbi Yose ben Rebbi Jehudah says, only if he works with hands and feet; this excludes him who works with his hands but not with his feet, with his feet but not with his hands.”

“Rebbi Yose ben Rebbi Jehudah says, threshing. Since threshing is special in that it refers to something grown from the earth, this excludes the one who milks, makes cheese with rennet or with mold, which is not something grown from the earth. Since threshing is special in that it refers to something not completely processed; this excludes wine after it was fermented, [olive oil] after it descended into the vat, one who isolates dates or separates dried figs, done after complete processing. Since threshing comes before the obligation of tithes, this excludes him who kneads dough, separates into cakes, or bakes, which comes after it became obligated for tithes.”

MISHNAH: One wolf is not an unavoidable accident, two wolves are. Rebbi Jehudah says, in times when wolves appear in packs, even a single wolf is an unavoidable accident. Two dogs are not an unavoidable accident. Yaddua the Babylonian says in the name of Rebbi Meїr: From the same direction it is not an unavoidable accident; from two different directions it is an unavoidable accident Robbers are an unavoidable accident. A lion, and a bear, and a leopard, and a panther, and a snake are unavoidable accidents. When? If they came by themselves. But if he led [the flock] to a place of troops of wild animals or robbers, these are not unavoidable accidents. If [an animal] dies a natural death it is an unavoidable accident. If he tortured it and it died, it is not an unavoidable accident. If it climbed to the top of a cliff and fell, it is an unavoidable accident. If he led it onto the top of a cliff and it fell, it is not an unavoidable accident. The unpaid keeper may stipulate that he be free from swearing, the borrower that he not be liable to pay, the paid keeper and the renter that they not be liable to swear or to pay. The stipulation of anybody who stipulates against what is written in the Torah is invalid. Any stipulation which follows a prior action is invalid. But any stipulation which it is possible to fulfill at the end and he stipulated it at the start is valid.

“This is the principle enunciated by Rebbi Jehudah ben Tema: Anything which is impossible to keep but he stipulated for her only to put her off. Whether we put it in writing or said it orally, everything valid orally is valid when written”. “And Kefar Othnay belongs to Galilee, Antipatris to Judea; the places in between are interpreted stringently.”

MISHNAH: One who contracts with another for a field, did not want to weed, and told him, what do you care since I am paying you rent? One does not listen to him since he may tell him, tomorrow you leave it and I’ll have it overgrown with grasses. One who contracts with another for a field and it did not produce. If it is enough to make a pile, he has to work on it. Rebbi Jehudah said, what is the definition of a pile? But if it is enough for spreading.

MISHNAH: One who contracts with another for a field, but it was eaten by locusts or scorched. If it was a countrywide calamity, he reduces his leasing fee; if it was not a countrywide calamity, he does not reduce his leasing fee. Rebbi Jehudah says, if he contracted for a sum of money in no case does he deduct from the leasing fee.

HALAKHAH: “One may not take a pledge from a widow, whether poor or rich,” etc. It was stated: “One may not take a pledge from a widow, whether poor or rich, since it was said: ‘And do not take a widow’s garment for a pledge’, whether poor or rich, the words of Rebbi Meїr. Rebbi Jehudah says, from a poor one he cannot take any pledge at all, from a rich one he may take a pledge but does not return it since if he came to her he would ruin her reputation.”

MISHNAH: If the ground floor and the upper floor belonging to two different persons collapse, and the owner of the upper floor suggests to the owner of the ground floor to rebuild but himself refuses to build, then the owner of the upper floor rebuilds the ground floor and dwells in it until he pays his expenses. Rebbi Jehudah says, but he who dwells in another person’s [place] would have to pay him rent; so the owner of the (ground) floor builds ground and upper floors and makes the roof over the upper floor but dwells on the ground floor until he pays his expenses.

HALAKHAH: “Somebody who brought his manure,” etc. It was stated: ”A person may unload his manure at his courtyard door in the public domain in order immediately to remove it. But it is forbidden to leave it there. If another person was injured by it, he is liable. Rebbi Jehudah says, at the time of carrying out manure a person may unload his manure at his courtyard door in the public domain for it to be broken down by the feet of people and animals for 30 days, for on this condition did Joshua distribute the Land to Israel.” “A person may unload his dust at his courtyard door in the public domain in order immediately to mix it with water and to bring it to the row of stones; it is forbidden to leave it there. If another person was injured by it, he is liable. He should not knead on one side [and build on the other] but on the side where he is building.” “A person may unload his stones at his courtyard door in the public domain in order immediately to remove them; it is forbidden to leave them there. If another person was injured by them, he is liable. If the quarryman delivered to the camel driver, the camel driver is liable. The camel driver to the stone-mason, the stone-mason is liable. The stone-mason to the porter, the porter is liable. It it was brought up to scaffolding, it was wobbly there and fell, the master-mason is liable. If the (stone-mason) [quarryman] handed it to the (porter) [stone mason] and somebody was injured either by splinters or the stone, the stone-mason is liable. The stone-mason to the porter and he was injured by a splinter, the stone-mason is liable. By the stone, the porter is liable. If it was delivered, settled in the row, and fell, he is not liable.”

MISHNAH: Two vegetable gardens, one on top of the other and vegetables growing between them. Rebbi Meїr says, it is the upper’s. Rebbi Jehudah says, it is the lower’s. Said Rebbi Meїr: If the upper’s owner wanted to remove his earth, there would be no vegetables. Said Rebbi Jehudah: If the lower’s wanted to fill up his vegetable garden with earth, there would be no vegetables. Said Rebbi Meїr: Since both of them may object to one another one looks from where these vegetables grow. Rebbi Simeon says, any which the upper’s may take by stretching out his hand are his; the remainder is the lower’s.

MISHNAH: Two vegetable gardens, one on top of the other and vegetables growing between them. Rebbi Meїr says, it is the upper’s. Rebbi Jehudah says, it is the lower’s. Said Rebbi Meїr: If the upper’s owner wanted to remove his earth, there would be no vegetables. Said Rebbi Jehudah: If the lower’s wanted to fill up his vegetable garden with earth, there would be no vegetables. Said Rebbi Meїr: Since both of them may object to one another one looks from where these vegetables grow. Rebbi Simeon says, any which the upper’s may take by stretching out his hand are his; the remainder is the lower’s.

MISHNAH: One does not divide the courtyard unless there be four cubits for each one, nor the field unless there be nine qab for each one; Rebbi Jehudah says, nine half qabbim for each one. Not the vegetable garden unless there be half a qab for each one; Rebbi Aqiba says, the area of a quarter [qab]. Not the dining hall, nor the storage room, nor the dovecote, nor the stole, nor the bathhouse, nor the olive press unless there is one for each of them. This is the principle: Anything which is divided and retains its name one divides, otherwise one does not divide. When is that? If the two of them do not agree. However, if both of them want it, they may divide even if it is less. But Holy Scripture they should not divide even if both of them want it.

This means, about grindstones there, but for our grindstones three from the pine cone which is four from the enclosure. “And the oven three from the base which are four from its rim.” Rebbi Yudan bar Pazi said, from the outer rim inwards; but the rabbis say, from the inner rim outwards. If if was built like a dovecote, what [are the rules]? Let us hear from the following: “Rebbi Jehudah said, unless there be under it insulating material three handbreadths and for a stove one handbreadth.” Is a stove not build like a dovecote, and you say both above and below a handbreadth? Also here, both above and below a handbreadth.

MISHNAH: One distances the ladder from a dovecote by four cubits lest a marten jump, and the wall four cubits from the leader so it can support the ladder. One distances the dovecote from town by fifty cubits. A person may not build a dovecote on his property unless he have fifty cubits in each direction. Rebbi Jehudah says, the area of four bet kor, the distance one sends a pigeon. But if he bought it even with the area of a quarter [qab], it is in his power.

MISHNAH: If a tree overhangs another’s field, he may cut it in the height of the plough’s ox-goad; carob tree and sycamore along the plumb line. Over an irrigated field along the plumb line. Abba Shaul says, every non-fruit-bearing tree along the plumb line. If a tree overhangs the public domain, one has to cut it so that a camel with a rider on it may pass; Rebbi Jehudah says, loaded with flax or bundles of vine cuttings. Rebbi Simeon says, any tree [must be cut] along the plumb line because of impurity.

HALAKHAH: “The claim of undisturbed possession of houses, cisterns, ditches, and caverns,” etc. From where confirmation of claims of undisturbed possession? Rebbi Joḥanan said, we heard from those who went to Usha that they learned it from the notorious bull. Rebbi Yose said, who holds that a bull becomes notorious after three days? Not Rebbi Jehudah? As we stated there: “Rebbi Jehudah said, they said three years only for the case that if he is in Spain, he should be in possession for one year; they went and told him during one year, and he returns within one year.”

HALAKHAH: “The claim of undisturbed possession of houses, cisterns, ditches, and caverns,” etc. From where confirmation of claims of undisturbed possession? Rebbi Joḥanan said, we heard from those who went to Usha that they learned it from the notorious bull. Rebbi Yose said, who holds that a bull becomes notorious after three days? Not Rebbi Jehudah? As we stated there: “Rebbi Jehudah said, they said three years only for the case that if he is in Spain, he should be in possession for one year; they went and told him during one year, and he returns within one year.”

“And slaves.” Rebbi Simon the brother of Rebbi Jehudah bar Zavdi in the name of Rav: As long as a baby lies in the public domain, his father or his mother can testify about him. Once he has been collected from the public domain, one needs two witnesses and its father and mother are like two witnesses. Rebbi Abbahu said, can a person be suspected to say about one who is not his son that he is his son? Maybe it was said about the property of a convert? He told him, but all our teachers in the Diaspora testify that in this form we heard it from Rav Ada bar Abuh. Rav Ḥisda said: That is, if the baby is not moving. But [the case of] a baby which is moving refers to what Rebbi Joḥanan said: property rights on jumping calves and lambs which move from place to place cannot be proven by possession.

Rebbi Abba in the name of Rav Ḥisda: Three are trustworthy immediately: a midwife, a caravan, and the one who purifies her colleagues. A midwife as long as [the woman] sits on the birthing chair, from the verse: “The midwife took and wound, etc.” A caravan, as Rebbi Simon, the brother of Rebbi Jehudah bar Zavdi, said in the name of Rav: As long as [a baby] lies in the public domain, either its father or its mother can testify about him. Once he has been collected from the public domain, one needs two witnesses; its father and mother may become its two witnesses. The one who purifies her colleagues, as we have stated there: “Three women sleep on one bed. If blood was found under one of them, all three are impure. If one of them checked herself out and found herself impure, she is impure and the other two are pure.” Rebbi Abba said, only within 24 hours.

MISHNAH: There are three regions for claims of undisturbed possession: Judea, Transjordan, and Galilee. If he was in Judea and somebody claimed undisturbed possession in Galilee, or in Galilee and somebody claimed undisturbed possession in Judea, it is not undisturbed possession unless he be in the same province. Rebbi Jehudah said, they said three years only for the case that if he is in Spain, he should be in possession for one year; they went and told him during one year, and he returns within one year.

Rav said, the essence of ḥalîṣah is the untying of the shoelace. Did not Rebbi Abba say in the name of Rav Jehudah, Rebbi Zeriqan turns to it in the name of Rav: The words of the Sages: If she slips off but did not spit, or spat but did not take off, the ḥaliṣah is invalid unless she slips off and spits. Rav agrees “unless she slips off and spits”; it is implied by what Rav said, the essence of slipping off is untying the shoelaces.

MISHNAH: The drain pipe does not represent a right of possession; its location represents a right of possession. The leader represents a right of possession. An Egyptian ladder does not represent a right of possession; a Tyrian one represents a right of possession. An Egyptian window does not represent a right of possession; a Tyrian one represents a right of possession. What is an Egyptian window? Any where a man’s head cannot enter. Rebbi Jehudah says, if it has a wooden frame it represents a right of possession even if a man’s head cannot enter.

MISHNAH: One who sells a house did not sell the shed even if it opened into it, nor the room which is in its interior, nor the roof if it has a railing ten handbreadths high. Rebbi Jehudah says, if its entry point is shaped like a door it is not sold even if its railing is not ten handbreadths high.

“Nor the roof if it has a railing ten handbreadths high.” Is a railing the last word? If it was surrounded by back walls of houses, if there were pillars and wooden superstructures on top of them? Let us hear from the following: “Rebbi Jehudah says, if its entry point is shaped like a door it is not sold even if its railing is not ten handbreadths high.” They said, only if it has a railing ten handbreadths high.

MISHNAH: He who sells a ship sold the mast, and the sail, and the anchors, and all steering gear, but he neither sold the slaves, nor the storage bags, nor the load. If he said, “it and all that is in it,” all is sold. He who sold a truck did not sell the mules; he who sold the mules did not sell the truck. He who sold the yoke did not sell the cattle; he who sold the cattle did not sell the yoke. Rebbi Jehudah says, the price is an indicator. How is that? If he said to him, sell me your yoke and harness for 200 denars, it is obvious that yoke and harness are not worth 200 denars. But the Sages say, the price is no indicator. He who sells a donkey did not sell its gear. Nahum the Mede says, he sold the gear. Rebbi Jehudah says, sometimes it is sold, sometimes it is not sold. How is this? If a donkey was standing there with his gear on it and he said, sell me this donkey, his gear is sold; your donkey, for this one the gear is not sold. He who sells a donkey sold the foal; he who sold a cow did not sell its young. He who sold a dungheap sold the manure; he who sold a cistern sold its water. He who sold a beehive sold the bees; he who sold the dovecote sold the pigeons. He who bought the yield of a dovecote leaves the first brood to fledge, of a beehive takes three swarms and then intermittently, honeycombs leaves two honeycombs, olive trees to cut down leaves two handbreadths.

MISHNAH: He who sells a ship sold the mast, and the sail, and the anchors, and all steering gear, but he neither sold the slaves, nor the storage bags, nor the load. If he said, “it and all that is in it,” all is sold. He who sold a truck did not sell the mules; he who sold the mules did not sell the truck. He who sold the yoke did not sell the cattle; he who sold the cattle did not sell the yoke. Rebbi Jehudah says, the price is an indicator. How is that? If he said to him, sell me your yoke and harness for 200 denars, it is obvious that yoke and harness are not worth 200 denars. But the Sages say, the price is no indicator. He who sells a donkey did not sell its gear. Nahum the Mede says, he sold the gear. Rebbi Jehudah says, sometimes it is sold, sometimes it is not sold. How is this? If a donkey was standing there with his gear on it and he said, sell me this donkey, his gear is sold; your donkey, for this one the gear is not sold. He who sells a donkey sold the foal; he who sold a cow did not sell its young. He who sold a dungheap sold the manure; he who sold a cistern sold its water. He who sold a beehive sold the bees; he who sold the dovecote sold the pigeons. He who bought the yield of a dovecote leaves the first brood to fledge, of a beehive takes three swarms and then intermittently, honeycombs leaves two honeycombs, olive trees to cut down leaves two handbreadths.

Rebbi Tanḥum from Kefar Gun in the name of Rebbi Eleazar ben Rebbi Yose: Four. One collects grasses from everywhere on condition that one not uproot. And one relieves himself behind a wall. Rebbi Eleazar ben Rebbi Yose in the name of Rebbi Tanḥum: Up to a place where he lets wind and is not heard. And one grazes in forests, even the tribe of Jehudah in the tribe of Naftali, and one gives Naftali an entire region South of the lake, as it is said, “lake and South of it he inherits,” the words of Rebbi Yose the Galilean. Rebbi Aqiba says, “lake” is Lake Samokhonites, “and South” is Lake Tiberias. And one may step to one side. Rav Jehudah in the name of Rav: Even into a field full of saffron. How? Does one have to pay or not? Since Rav Jehudah said, even into a field full of saffron, that means, one pays. Rebbi La said, since Rav Jehudah said, even into a field full of saffron, that means, one does not pay. But one cannot deviate more than necessary. Let us hear from the following: Rabban Gamliel and Rebbi Joshua were on the road [and stepped aside because of obstacles on the road] when they saw Jehudah ben Pappos, who was sinking, coming towards them. Rabban Gamliël said to Rebbi Joshua: Who is this one who makes an exhibition of himself? He answered: This is Jehudah ben Pappos, all whose deeds are done for Heaven’s sake.

Rebbi Tanḥum from Kefar Gun in the name of Rebbi Eleazar ben Rebbi Yose: Four. One collects grasses from everywhere on condition that one not uproot. And one relieves himself behind a wall. Rebbi Eleazar ben Rebbi Yose in the name of Rebbi Tanḥum: Up to a place where he lets wind and is not heard. And one grazes in forests, even the tribe of Jehudah in the tribe of Naftali, and one gives Naftali an entire region South of the lake, as it is said, “lake and South of it he inherits,” the words of Rebbi Yose the Galilean. Rebbi Aqiba says, “lake” is Lake Samokhonites, “and South” is Lake Tiberias. And one may step to one side. Rav Jehudah in the name of Rav: Even into a field full of saffron. How? Does one have to pay or not? Since Rav Jehudah said, even into a field full of saffron, that means, one pays. Rebbi La said, since Rav Jehudah said, even into a field full of saffron, that means, one does not pay. But one cannot deviate more than necessary. Let us hear from the following: Rabban Gamliel and Rebbi Joshua were on the road [and stepped aside because of obstacles on the road] when they saw Jehudah ben Pappos, who was sinking, coming towards them. Rabban Gamliël said to Rebbi Joshua: Who is this one who makes an exhibition of himself? He answered: This is Jehudah ben Pappos, all whose deeds are done for Heaven’s sake.

Rebbi Tanḥum from Kefar Gun in the name of Rebbi Eleazar ben Rebbi Yose: Four. One collects grasses from everywhere on condition that one not uproot. And one relieves himself behind a wall. Rebbi Eleazar ben Rebbi Yose in the name of Rebbi Tanḥum: Up to a place where he lets wind and is not heard. And one grazes in forests, even the tribe of Jehudah in the tribe of Naftali, and one gives Naftali an entire region South of the lake, as it is said, “lake and South of it he inherits,” the words of Rebbi Yose the Galilean. Rebbi Aqiba says, “lake” is Lake Samokhonites, “and South” is Lake Tiberias. And one may step to one side. Rav Jehudah in the name of Rav: Even into a field full of saffron. How? Does one have to pay or not? Since Rav Jehudah said, even into a field full of saffron, that means, one pays. Rebbi La said, since Rav Jehudah said, even into a field full of saffron, that means, one does not pay. But one cannot deviate more than necessary. Let us hear from the following: Rabban Gamliel and Rebbi Joshua were on the road [and stepped aside because of obstacles on the road] when they saw Jehudah ben Pappos, who was sinking, coming towards them. Rabban Gamliël said to Rebbi Joshua: Who is this one who makes an exhibition of himself? He answered: This is Jehudah ben Pappos, all whose deeds are done for Heaven’s sake.

Rebbi Tanḥum from Kefar Gun in the name of Rebbi Eleazar ben Rebbi Yose: Four. One collects grasses from everywhere on condition that one not uproot. And one relieves himself behind a wall. Rebbi Eleazar ben Rebbi Yose in the name of Rebbi Tanḥum: Up to a place where he lets wind and is not heard. And one grazes in forests, even the tribe of Jehudah in the tribe of Naftali, and one gives Naftali an entire region South of the lake, as it is said, “lake and South of it he inherits,” the words of Rebbi Yose the Galilean. Rebbi Aqiba says, “lake” is Lake Samokhonites, “and South” is Lake Tiberias. And one may step to one side. Rav Jehudah in the name of Rav: Even into a field full of saffron. How? Does one have to pay or not? Since Rav Jehudah said, even into a field full of saffron, that means, one pays. Rebbi La said, since Rav Jehudah said, even into a field full of saffron, that means, one does not pay. But one cannot deviate more than necessary. Let us hear from the following: Rabban Gamliel and Rebbi Joshua were on the road [and stepped aside because of obstacles on the road] when they saw Jehudah ben Pappos, who was sinking, coming towards them. Rabban Gamliël said to Rebbi Joshua: Who is this one who makes an exhibition of himself? He answered: This is Jehudah ben Pappos, all whose deeds are done for Heaven’s sake.

Rebbi Tanḥum from Kefar Gun in the name of Rebbi Eleazar ben Rebbi Yose: Four. One collects grasses from everywhere on condition that one not uproot. And one relieves himself behind a wall. Rebbi Eleazar ben Rebbi Yose in the name of Rebbi Tanḥum: Up to a place where he lets wind and is not heard. And one grazes in forests, even the tribe of Jehudah in the tribe of Naftali, and one gives Naftali an entire region South of the lake, as it is said, “lake and South of it he inherits,” the words of Rebbi Yose the Galilean. Rebbi Aqiba says, “lake” is Lake Samokhonites, “and South” is Lake Tiberias. And one may step to one side. Rav Jehudah in the name of Rav: Even into a field full of saffron. How? Does one have to pay or not? Since Rav Jehudah said, even into a field full of saffron, that means, one pays. Rebbi La said, since Rav Jehudah said, even into a field full of saffron, that means, one does not pay. But one cannot deviate more than necessary. Let us hear from the following: Rabban Gamliel and Rebbi Joshua were on the road [and stepped aside because of obstacles on the road] when they saw Jehudah ben Pappos, who was sinking, coming towards them. Rabban Gamliël said to Rebbi Joshua: Who is this one who makes an exhibition of himself? He answered: This is Jehudah ben Pappos, all whose deeds are done for Heaven’s sake.

Rebbi Tanḥum from Kefar Gun in the name of Rebbi Eleazar ben Rebbi Yose: Four. One collects grasses from everywhere on condition that one not uproot. And one relieves himself behind a wall. Rebbi Eleazar ben Rebbi Yose in the name of Rebbi Tanḥum: Up to a place where he lets wind and is not heard. And one grazes in forests, even the tribe of Jehudah in the tribe of Naftali, and one gives Naftali an entire region South of the lake, as it is said, “lake and South of it he inherits,” the words of Rebbi Yose the Galilean. Rebbi Aqiba says, “lake” is Lake Samokhonites, “and South” is Lake Tiberias. And one may step to one side. Rav Jehudah in the name of Rav: Even into a field full of saffron. How? Does one have to pay or not? Since Rav Jehudah said, even into a field full of saffron, that means, one pays. Rebbi La said, since Rav Jehudah said, even into a field full of saffron, that means, one does not pay. But one cannot deviate more than necessary. Let us hear from the following: Rabban Gamliel and Rebbi Joshua were on the road [and stepped aside because of obstacles on the road] when they saw Jehudah ben Pappos, who was sinking, coming towards them. Rabban Gamliël said to Rebbi Joshua: Who is this one who makes an exhibition of himself? He answered: This is Jehudah ben Pappos, all whose deeds are done for Heaven’s sake.

MISHNAH: Four situations for sellers. If one contracted to sell high quality wheat and it turned out to be low quality, the buyer may annul the contract. Low quality and it turned out to be high quality, the seller may annul the contract. Low quality and it turned out to be low quality, high quality and it turned out to be high quality, neither of them may annul the contract. Brown grain and it turned out to be white grain, white grain and it turned out to be brown grain, olive wood and it turned out to be sycamore wood, sycamore wood and it turned out to be olive wood, wine and it turned out to be vinegar, vinegar and it turned out to be wine, either of them may annul the contract. If somebody sold produce to another and this one moved it without measuring, he took possession. If he was measuring without moving, he did not take possession. If he is intelligent, he rents its place. If somebody buys flax from another he he did not take possession until he moved it from place to place; but if it still was standing on the ground and he plucked anything, he took possession. If somebody sold wine or oil to another and it rose or fell in price, if it was before the measure was filled it is for the seller, after the measure was filled for the buyer. If a broker was involved and the amphora broke, it broke for the broker. He is obligated to let it drip three drops. If he tilted and emptied it, [the remainder] is for the seller. The grocer does not have to let it drip three drops. Rebbi Jehudah says, Friday evenings close to sundown he is not liable.

HALAKHAH: “Four situations for sellers.,” etc. How is this? If the measuring vessel belonged to the seller, he has the property rights, if to the buyer, he has the property rights. Rav Jehudah in the name of Samuel, Rebbi La in the name of the Great Rebbi Jehudah, so is the Mishnah: If the measuring vessel belonged to a third person. It was stated: Rebbi Jehudah says, Friday evenings close to sundown he is not liable since he has permission, but the Sages say, in any case he is liable. What is the reason for what Rebbi Jehudah said? “If he is hired, it is paid for by his wages.”

HALAKHAH: “Four situations for sellers.,” etc. How is this? If the measuring vessel belonged to the seller, he has the property rights, if to the buyer, he has the property rights. Rav Jehudah in the name of Samuel, Rebbi La in the name of the Great Rebbi Jehudah, so is the Mishnah: If the measuring vessel belonged to a third person. It was stated: Rebbi Jehudah says, Friday evenings close to sundown he is not liable since he has permission, but the Sages say, in any case he is liable. What is the reason for what Rebbi Jehudah said? “If he is hired, it is paid for by his wages.”

HALAKHAH: “Four situations for sellers.,” etc. How is this? If the measuring vessel belonged to the seller, he has the property rights, if to the buyer, he has the property rights. Rav Jehudah in the name of Samuel, Rebbi La in the name of the Great Rebbi Jehudah, so is the Mishnah: If the measuring vessel belonged to a third person. It was stated: Rebbi Jehudah says, Friday evenings close to sundown he is not liable since he has permission, but the Sages say, in any case he is liable. What is the reason for what Rebbi Jehudah said? “If he is hired, it is paid for by his wages.”

HALAKHAH: “Four situations for sellers.,” etc. How is this? If the measuring vessel belonged to the seller, he has the property rights, if to the buyer, he has the property rights. Rav Jehudah in the name of Samuel, Rebbi La in the name of the Great Rebbi Jehudah, so is the Mishnah: If the measuring vessel belonged to a third person. It was stated: Rebbi Jehudah says, Friday evenings close to sundown he is not liable since he has permission, but the Sages say, in any case he is liable. What is the reason for what Rebbi Jehudah said? “If he is hired, it is paid for by his wages.”

MISHNAH: Somebody sent his son to a grocer who measured him oil for an assarius and he gave him the assarius; if he broke the flask and lost the assarius, the grocer is liable. Rebbi Jehudah holds him not liable since for that he sent him. The Sages agree with Rebbi Jehudah that if the flask was in the child’s hand and the grocer measured into the flask, the grocer is not liable. The wolesaler cleans his measuring vessels once every thirty days, the householder every twelve months. Rabban Simeon ben Gamliel says, it is the other way around. The retail grocer cleans his measuring vessels twice a week, wipes his weights clean once a week, and cleans his scales after each weighing. Rabban Simeon ben Gamliel said, when has this been said? For fluids, but for dry matter it is not necessary; he has to let [the scales] bend down a handbreadth. If he weighed strictly by eyesight he has to give him surplus, one tenth for fluids and one twentieth for dry products. At a place where one is used to small measures he should not use large ones, to large measures he should not use small ones, to level one must not heap, to heap one must not level.

MISHNAH: Somebody sent his son to a grocer who measured him oil for an assarius and he gave him the assarius; if he broke the flask and lost the assarius, the grocer is liable. Rebbi Jehudah holds him not liable since for that he sent him. The Sages agree with Rebbi Jehudah that if the flask was in the child’s hand and the grocer measured into the flask, the grocer is not liable. The wolesaler cleans his measuring vessels once every thirty days, the householder every twelve months. Rabban Simeon ben Gamliel says, it is the other way around. The retail grocer cleans his measuring vessels twice a week, wipes his weights clean once a week, and cleans his scales after each weighing. Rabban Simeon ben Gamliel said, when has this been said? For fluids, but for dry matter it is not necessary; he has to let [the scales] bend down a handbreadth. If he weighed strictly by eyesight he has to give him surplus, one tenth for fluids and one twentieth for dry products. At a place where one is used to small measures he should not use large ones, to large measures he should not use small ones, to level one must not heap, to heap one must not level.

Rav Hamnuna the scribe asked Rebbi Ḥanina: One verse says, “its height thirty cubits,” and another verse says, “its height twenty cubits.” He had never heard this and they could not answer him anything. He asked Rebbi Jeremiah, who told him, from the ground up thirty cubits, from the inner room up twenty cubits. Rebbi Abbahu said, destroy the inner room! The inner room was standing from the ground to the beams, as it is written, “covered with cedar from the ground to the beams.” But from the ground up thirty cubits, from the Cherub up twenty cubits. Rebbi Tanḥuma said, it is an aggadic tradition that the space in the inner room not be counted. Rebbi Levi said, the space occupied by the Ark is not counted. Rebbi Levi said, and it was stated in the name of Rebbi Jehudah ben Rebbi Illai, the Ark stands in the middle and divides the room, ten cubits in every direction of the compass.

HALAKHAH: It was stated: If somebody says to another: I am selling you half a field, and X and Y and half of Z surround you. Rav Huna, and Rav Jehudah, and Rebbi Jeremiah. One said, he gives him [an area shaped] like a pandur. And one said, he gives him something like a strip of cloth. And one said, he gives him something like patches.

So far a daughter. A son? Since the daughter, whose power is diminished regarding the father’s property, has her power increased regarding the mother’s property, should the son’s power not be increased regarding the mother’s property, since his power is increased regarding the father’s property? It turns out that for the daughter one infers from the verse and for the son from an argument de minore ad majus. Does the son precede the daughter? Rebbi Simeon ben Eleazar said in the name of Rebbi Zachariah the butcher’s son: So did Rebbi Simeon ben Jehudah say in the name of Rebbi Simeon: Both son and daughter are equal for the mother’s tribe Rebbi Mallukh in the name of Rebbi Joshua ben Levi: Practice follows Rebbi Zachariah. Rebbi Yannai the Kappadokian had a case; the judges were Rav Huna, Rebbi Jehudah ben Pazi, and Rebbi Aḥa. Rebbi Aḥa told them: Our brothers outside the Land are unqualified and err in practice; in particular they rely on Rebbi Mallukh in the name of Rebbi Joshua ben Levi, but it is not so. Rebbi Simon in the name of Rebbi Joshua ben Levi: Practice does not follow Rebbi Zachariah. Rebbi Abba the son of Rebbi Ḥiyya in the name of Rebbi Joḥanan: Practice does not follow Rebbi Zachariah. Rebbi Eleazar the father of Rebbi Isaac bar Naḥman in the name of Rebbi Hoshaiah: Practice does not follow Rebbi Zachariah. Rebbi Yannai and Rebbi Joḥanan were sitting when Rebbi Yudan the Prince came and asked concerning: “Any daughter who is an heiress of the tribes,” what is the rule? He said to him, it binds the father’s tribe together with the mother’s tribe. Since from the father’s tribe there is nothing for the daughter when there is a son, so also from the mother’s tribe there is nothing for the daughter when there is a son. Or is it the other way around? Since from the mother’s tribe there is something for the daughter when there is a son, so also from the father’s tribe is there something for the daughter when there is a son? Rebbi Joḥanan said to him, let us leave; that man does not want to listen to words of instruction.

So far a daughter. A son? Since the daughter, whose power is diminished regarding the father’s property, has her power increased regarding the mother’s property, should the son’s power not be increased regarding the mother’s property, since his power is increased regarding the father’s property? It turns out that for the daughter one infers from the verse and for the son from an argument de minore ad majus. Does the son precede the daughter? Rebbi Simeon ben Eleazar said in the name of Rebbi Zachariah the butcher’s son: So did Rebbi Simeon ben Jehudah say in the name of Rebbi Simeon: Both son and daughter are equal for the mother’s tribe Rebbi Mallukh in the name of Rebbi Joshua ben Levi: Practice follows Rebbi Zachariah. Rebbi Yannai the Kappadokian had a case; the judges were Rav Huna, Rebbi Jehudah ben Pazi, and Rebbi Aḥa. Rebbi Aḥa told them: Our brothers outside the Land are unqualified and err in practice; in particular they rely on Rebbi Mallukh in the name of Rebbi Joshua ben Levi, but it is not so. Rebbi Simon in the name of Rebbi Joshua ben Levi: Practice does not follow Rebbi Zachariah. Rebbi Abba the son of Rebbi Ḥiyya in the name of Rebbi Joḥanan: Practice does not follow Rebbi Zachariah. Rebbi Eleazar the father of Rebbi Isaac bar Naḥman in the name of Rebbi Hoshaiah: Practice does not follow Rebbi Zachariah. Rebbi Yannai and Rebbi Joḥanan were sitting when Rebbi Yudan the Prince came and asked concerning: “Any daughter who is an heiress of the tribes,” what is the rule? He said to him, it binds the father’s tribe together with the mother’s tribe. Since from the father’s tribe there is nothing for the daughter when there is a son, so also from the mother’s tribe there is nothing for the daughter when there is a son. Or is it the other way around? Since from the mother’s tribe there is something for the daughter when there is a son, so also from the father’s tribe is there something for the daughter when there is a son? Rebbi Joḥanan said to him, let us leave; that man does not want to listen to words of instruction.

Rebbi Dositheos ben Jehudah explained it by a parable; to what can this be compared? To two brothers, Cohanim and co-owners who stood by a threshing floor; one had nine sons and the other had one. They took (the area of) ten qab. They returned it to their father and split. It turns out that the son of one takes half and the sons of the other take half.

MISHNAH: One who writes his properties over to his sons must write: “from today and after my death,” the words of Rebbi Jehudah. Rebbi Yose said, it is unnecessary. If one writes his properties over to his son for the time after his death, the father cannot sell them because they are written over to the son; the son cannot sell because they are in the father’s possession. If the father sold, they are sold until he dies. If the son sold, the buyer has no claim until the father dies. The father harvests and feeds anybody he pleases; what becomes part of his estate belongs to the heirs.

Rebbi Perira brought before Rebbi Jehudah the Prince two radishes between New Year’s Day and the Fast. It was the year after a Sabbatical, and they were a camel’s load. He said to him, rabbi, are they not forbidden? Are they no aftergrowth? He said to him, they were sown after the end of the Sabbatical year. At that moment did Rebbi permit to buy vegetables immediately after the end of the Sabbatical year.

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.

“Rebbi answered to confirm the words of Rebbi Ḥananiah ben Gamliel: The main text of the document proves whether it is simple or not simple.” What is the main text of a document? Rebbi Abba said, as Rav Huna said: witnesses never sign below unless they first read before them: “I X son of Y accept everything written above.” And did we not state: this is the formula for documents of indebtedness? Rebbi Mani said, this is the formula for knotted documents of indebtedness. Rebbi Abbin said, even if you say, it is the same for simple and knotted, for a simple document it is indispensable, for a knotted one it is not indispensable. Rebbi Jehudah says, if one adds to the practice. A simple document has two [winesses], a knotted one three, but they do it with three. A simple document inside, a knotted one on its back, but they do it inside and on its back.