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HALAKHAH: Did not Rabbi Abbahu say in the name of Rebbi Joḥanan: If he is intentional about fat but in error about a sacrifice, he can be warned, is whipped, and brings a sacrifice. Rebbi Abun bar Ḥiyya in the name of Rebbi Samuel bar Rav Isaac: (Deut. 25:2) “Because of his guilt.” If two alternatives are presented to the court, one chooses one of them. This excludes matters in the power of Heaven.

HALAKHAH: “One who stole and slaughtered on the Sabbath,” etc. Did not Rabbi Abbahu say in the name of Rebbi Joḥanan: If he is intentional error about fat but in error about a sacrifice, he can be warned, is whipped, and brings a sacrifice. Who stated it? [Rebbi Simeon, as we have stated]: “Rebbi Simeon says, for sancta for which he is liable by a warranty he has to pay quadruple or quintuple, but if there is no warranty, he is not liable.”

Rebbi Abbahu stated before Rebbi Joḥanan: “You killed my ox, you cut down my fruit trees,” and the other says, I do not know, he is liable. He said to him, certainly you state that to the rabble. He answered, it is my fault, they said the following: “We testify against X that he killed ox Y” and the other says, I do not know, he is liable. [He said, that was stated.]

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.

Rebbi Samuel bar Abba objected before Rebbi Joḥanan. Did we not state: “Both the person who dedicates and the one who vows his own valuation exclude their wives’ and children’s clothing.” He answered, nobody thought to include their wives’ and children’s clothing. But did we not state: “My valuation on myself”; at the moment when he said, my valuation on myself, he only obligated himself for fifty tetradrachmas. If he says, my valuation on myself on condition not to pledge what is worn by my wife and children? Rebbi Nasa in the name of Samuel bar Abba: One who says, my valuation on myself on condition not to pledge a particular thing, one cannot use that particular thing as a pledge. Rav Hoshaia in the name of Samuel bar Abba: This implies that one does not foreclose valuations from movables by biblical decree but only from the rabbis.

If he robbed a stole and gave it to another person. Rebbi Eleazar said in the name of Rebbi Ḥiyya, one takes away from the first one but not from the second. Rebbi Joḥanan in the name of Rebbi Yannai said, one takes away even from the second. Rebbi Abba bar Mamal said, even Rebbi Ḥiyya will agree with this since Rebbi Ḥiyya said, one takes away even from the second.

MISHNAH: If the publicans took his donkey and gave him another donkey, or armed robbers took his garment and gave him another garment, they are his since the owners had given up hope of recovery. Things saved from a flood or from armed robbers are his if the owners had given up hope of recovery. Similarly, a swarm of bees is his if the owners had given up hope of recovery. Rebbi Joḥanan ben Beroqa said, a woman or a child are trusted if they say: “This swarm of bees came from here.” [The beekeeper] may enter another’s field to take his swarm; if he caused damage he has to pay what he damaged, but he cannot cut off a branch intending to pay for it. Rebbi Ismael, Rebbi Joḥanan ben Beroqa’s son, said: he may even cut a branch and pay for it.

MISHNAH: If the publicans took his donkey and gave him another donkey, or armed robbers took his garment and gave him another garment, they are his since the owners had given up hope of recovery. Things saved from a flood or from armed robbers are his if the owners had given up hope of recovery. Similarly, a swarm of bees is his if the owners had given up hope of recovery. Rebbi Joḥanan ben Beroqa said, a woman or a child are trusted if they say: “This swarm of bees came from here.” [The beekeeper] may enter another’s field to take his swarm; if he caused damage he has to pay what he damaged, but he cannot cut off a branch intending to pay for it. Rebbi Ismael, Rebbi Joḥanan ben Beroqa’s son, said: he may even cut a branch and pay for it.

“Similarly, a swarm of bees is his if the owners had given up hope of recovery.” Rebbi Ḥinena bar Pappos in the name of Rebbi Joḥanan: The Mishnah is about a swarm taken in flight and from a schoolboy, and only immediately. But if one left and returned, I am saying that he said it because of fear, or being seduced. It was stated: Rebbi Joḥanan ben Beroqa says, it is a stipulation by the court that this one may cut a branch and pay for it since on this condition did Joshua distribute the Land to Israel.

“Similarly, a swarm of bees is his if the owners had given up hope of recovery.” Rebbi Ḥinena bar Pappos in the name of Rebbi Joḥanan: The Mishnah is about a swarm taken in flight and from a schoolboy, and only immediately. But if one left and returned, I am saying that he said it because of fear, or being seduced. It was stated: Rebbi Joḥanan ben Beroqa says, it is a stipulation by the court that this one may cut a branch and pay for it since on this condition did Joshua distribute the Land to Israel.

HALAKHAH: “If a river washed away his donkey,” etc. It was stated: If he abandoned his to save the other’s, but the other’s climbed out by himself, he does not owe him anything. But if he abandoned his to save the other’s, and his own climbed out by himself, may he say, “I did not abandon hope of recovery”? Let us hear from the following: If a river washed away his donkey and he was crying: “I did not abandon hope of recovery!” Rebbi Simeon ben Laqish said, as long as he is crying he did not abandon hope of recovery. Rebbi Joḥanan said, there is a presumption that he had abandoned hope.

HALAKHAH: “Somebody had robbed a field from another person,” etc. Rebbi Joḥanan said, but did they not say that “real estate cannot be robbed”? Why did they say, “he has to give him a field”? It is a fine by which they fined him. If the discharged veterans took it from the robber because of the robbed, could he tell him, in any case give me what is mine and let any claimant come and deal with me? Rebbi Johua ben Levi said, nobody is held responsible for his neighbor and the latter has to repay him except annona and head-tax. Rav said, he can tell him, you redeemed your pledge with my money.

HALAKHAH: “He who says to another: I robbed you,” etc. Rebbi Joḥanan said, if he wants to clear himself before Heaven. I robbed you, or I took a loan from you, you deposited with me; did I return it to you? The other party says, I do not know. Rebbi Jeremiah wanted to say, he is required to make good as a matter of law. Rebbi Yose wanted to say, still it is to become clear before Heaven. I took from the wallet and gave to you, and the other party says, I do not know. Rav Huna said, one tells him: You do not know but the other party knows.

HALAKHAH: “If one stole a lamb from the flock,” etc. Rebbi Joḥanan said, if the owners knew of the theft, they have to be notified of the return. If they did not know of the theft, they do not have to be notified of the return. Rebbi Simeon ben Laqish said, even if they did not know of the theft, they have to be notified of the return. Rebbi Eleazar said, if it was similar to the case of a ram, they do not have to be notified of the return. What means “similar to the case of a ram”? Some say, the shepherd’s staff. Some say, a pandura. Some say, the bell-wether.

HALAKHAH: “If two people hold on to one stole,” etc. It was stated: One person said to another, give me the mina which you owe me. He answered, it never happened. He went and brought witnesses that the other owed him 50 zuz. The elder Rebbi Ḥiyya said, the confession of the witnesses is the same as his own confession; he has to swear about the remainder. Rebbi Joḥanan said, the confession of the witnesses is not the same as his own confession that he should have to swear. Rebbi La said, Rebbi Ḥiyya the elder’s statement is implied by “if two people hold on to one stole”. Since he holds on to half of it, is it not as if he brought witnesses that one half belongs to him? Could one not say that he swears and collects? Is this a similar case?

This topic came up between Rebbi Abba bar Mamal and Rav Amram. One said, one does not entrust an oath to a suspect person. The other said, one does not even formulate an oath for such a one. Rav Huna said: “An oath that I have property rights to it to the amount of no less than (the value of a peruṭah) [half of its value]. Rebbi Joḥanan said, if it is about this, it is an institutional oath.

HALAKHAH: “If somebody saw a find” etc. Rabbi Simeon ben Laqish said [in the name of] Abba Cohen bar Delaiah: A person acquires a find within four cubits from himself. Rebbi Joḥanan said, only if it fell into his hand. A Mishnah disagrees with Rebbi Simeon ben Laqish: “If he took some of the peah and threw it on the rest, he has nothing of it.” He answered: Explain it if the did not say that his four cubits should acquire it for him. But does it not say afterwards: “If he fell on it or spread his talith on it, one removes him from it?” That is the same, if he did not say that his four cubits should acquire it for him. But did not Rebbi Ḥiyya state: “If two were pushing one another because of a sheaf and another poor person came and grabbed it from before them, he is entitled to it.” It is the same; he did not say that his four cubits should acquire it for him. But did we not state: “If somebody saw a find and fell upon it when another person grabbed it, the one who grabbed it acquired it.” It is the same, he did not say that his four cubits should acquire it for him. But did we not state: “If it landed close to her it is a bill of divorce, close to him it is no bill of divorce, half and half she is divorced and not divorced.” Ḥizqiah said, the Mishnah speaks of the scribe’s fee. They objected: Is it not written: “I in my poverty did prepare”? How is that? If it was in his possession, he was rich. If it was not in his possession, how can a person dedicate what is not his? It must be that it was within four cubits from him. Rebbi Abin said, what means “in my poverty?” That there is no wealth before Him Who commanded and the world came into existence! Another explanation: he fasted and donated the price of his meal to Heaven.

HALAKHAH: “The find of his small son or daughter,” etc. Rebbi Joḥanan said, only if they are not dependent on their father. But if they are dependent on their father, their finds belong to the latter. Rebbi Simeon ben Laqish says, a person cannot acquire a find for another. Rebbi [Hila] said: Not that Rebbi Simeon had formulated thus, but he had a problem with what Rebbi Hoshaiah stated: If a person hires a worker for any work, the latter’s finds belong to the employer. Rebbi Simeon ben Laqish said, should the finds of a person who can resign at any moment belong to his employer?

What is the difference between his Hebrew male and female slaves and his Canaanite male and female slaves? Rebbi Joḥanan said, since he is not empowered to change the employment of his male or female Hebrew slave, that one’s find belongs to himself. Since he is empowered to change the employment of his male or female Canaanite slave, their find belongs to their master. They objected: He is not empowered to change the employment of his wife, but her find belongs to him. As we have stated there: “He forces her to work with wool,” he cannot force her to work any other material. Rebbi Abba bar Mina and Rebbi Yasa in the name of Rebbi Joḥanan: there is another reason in the case of the wife. What is another reason in the case of the wife? Rebbi Ḥaggai said, because of quarrel. Rebbi Yose said, lest she smuggle away her husband’s property and say: it is a find. They objected: before witnesses? They forbade one because of the other.

What is the difference between his Hebrew male and female slaves and his Canaanite male and female slaves? Rebbi Joḥanan said, since he is not empowered to change the employment of his male or female Hebrew slave, that one’s find belongs to himself. Since he is empowered to change the employment of his male or female Canaanite slave, their find belongs to their master. They objected: He is not empowered to change the employment of his wife, but her find belongs to him. As we have stated there: “He forces her to work with wool,” he cannot force her to work any other material. Rebbi Abba bar Mina and Rebbi Yasa in the name of Rebbi Joḥanan: there is another reason in the case of the wife. What is another reason in the case of the wife? Rebbi Ḥaggai said, because of quarrel. Rebbi Yose said, lest she smuggle away her husband’s property and say: it is a find. They objected: before witnesses? They forbade one because of the other.

Rebbi Eleazar said, for I am saying that he wanted to take a loan but did not. Rebbi Eleazar said, if the debtor agreed, he should return it. Rebbi Eleazar said, if the document was generally known to be in the creditor’s hand, he should return it. But all three are broken, “the Sages say, in no case should he return them.” Rebbi Abbahu in the name of Rebbi Joḥanan: Because of conspiracy. Rebbi Yasa in the name of Rebbi Joḥanan: If its date was that very day, he should return it.

Rebbi Eleazar said, for I am saying that he wanted to take a loan but did not. Rebbi Eleazar said, if the debtor agreed, he should return it. Rebbi Eleazar said, if the document was generally known to be in the creditor’s hand, he should return it. But all three are broken, “the Sages say, in no case should he return them.” Rebbi Abbahu in the name of Rebbi Joḥanan: Because of conspiracy. Rebbi Yasa in the name of Rebbi Joḥanan: If its date was that very day, he should return it.

But could he not return it if the date was not of the same day? Do they disagree? But Rebbi Abbahu said* in the name of Rebbi Joḥanan: Because of conspiracy. Rebbi Joḥanan said*: If its date was that very day, he should return it.

But could he not return it if the date was not of the same day? Do they disagree? But Rebbi Abbahu said* in the name of Rebbi Joḥanan: Because of conspiracy. Rebbi Joḥanan said*: If its date was that very day, he should return it.

If a person took a documented loan and paid it back, he cannot use the document to take a second loan because it diminishes the power of the buyers. Rebbi Yasa in the name of Rebbi Joḥanan: Even on the same day. Rebbi Ze‘ira asked before Rebbi Yasa: Here you say, even on the same day. But there, you say, if its date was that very day, he should return it! He answered, a person is apt to take a loan and repay it the same day, but a person is not apt to repay a loan and take it the same day. Rebbi Ḥaggai asked before Rebbi Yasa: It is the same day, the same witnesses, and the same amount. What is the meaning of “it diminishes the power of the buyers”? He answered, if the property had not been mortgaged. But some say, if the witnesses did not sign for this loan.

HALAKHAH: “Which finds are his,” etc. From where may an owner’s hopelessness be deduced from the Torah? Rebbi Joḥanan said in the name of Rebbi Simeon ben Yehoṣadaq: “So you shall proceed with his donkey,” etc. What is lost by him but may be found by anybody you have to make public. But what is not lost by him but may be found by anybody you do not have to make public. This excludes the owner’s hopelessness about that which was lost by him or anybody.

“Rebbi Simeon ben Eleazar said, merchandise of any kind one does not have to make public.” Rebbi Joḥanan made this public and stated about it: “The following are these. For example needle strips, fire tongs, and strips of axes. The Amora of Rebbi Isaac bar Tevlai found a web rolled in a scarf. He came before Rebbi Isaac bar Tevlai who instructed him following Rebbi Simeon ben Eleazar. The Amora of Rebbi Joḥanan found a web rolled in a scarf. He came before Rebbi Johanan who asked him, where did you find it? In an alley, in a public square? For he wanted to free him following Rebbi Simeon ben Eleazar.

“Rebbi Simeon ben Eleazar said, merchandise of any kind one does not have to make public.” Rebbi Joḥanan made this public and stated about it: “The following are these. For example needle strips, fire tongs, and strips of axes. The Amora of Rebbi Isaac bar Tevlai found a web rolled in a scarf. He came before Rebbi Isaac bar Tevlai who instructed him following Rebbi Simeon ben Eleazar. The Amora of Rebbi Joḥanan found a web rolled in a scarf. He came before Rebbi Johanan who asked him, where did you find it? In an alley, in a public square? For he wanted to free him following Rebbi Simeon ben Eleazar.

“Pitchers of wine and pitchers of oil he has to make public.” Rebbi Joḥanan said, if it was like a tripod one does not have to make it public. What means, like a tripod? For example, a corral belonging to three people. Since one does not know to whom to return it, he does not have to make it public. Rebbi Yose said, one understands from here that if a person went behind Rebbi Ḥalafta and a denar fell down from them, since one does not know to whom to return it, he does not have to make it public. Simeon bar Abba was walking behind Rebbi Eleazar; a denar fell down from him. Simeon bar Abba presented it to him. He answered, I already had given up hope about this. They said, Rebbi Eleazar only intended it for Rebbi Simeon bar Abba because he was poor.

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.

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.

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.

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.

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.

HALAKHAH: “If one deposited an animal or vessels with another,” etc. From where does he bring this? “If the stolen object be found in his hand.” Do we not know that if the thief is found that he has to pay double? Why does the verse say, “double he shall pay”? If the verse is not needed for the case, use it for the following subject. Rebbi [ ] went to the “term” of Rebbi Yudan and asked this question before him. He answered, refer to what is stated afterwards: “If the other had sworn and did not pay, in case the thief was found, he pays double restitution; if he had slaughtered or sold it, he pays quadruple or quintuple restitution. To whom does he pay? To the owner of the deposit.” Should he not pay to the person with whom it was deposited? Rebbi Nasa in the name of Rebbi Jonah: “Alive, double he shall pay.” To the place where the capital goes, there the double fine goes. Rebbi Joḥanan and Rebbi Eleazar; Rebbi Nasa adds in the name of Rebbi Yose ben Ḥanina: Not only when he paid, but even when he stated his willingness to pay it is as if he had paid.

HALAKHAH: “If one says to two people, I robbed,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: Here if they complain, there if they are silent. Rebbi Yasa in the name of Rebbi Joḥanan: Here, if witnesses know; there, if no witnesses know. Rav Jeremiah in the name of Rav: Here if he swore; there if he did not swear. There, they say in the name of Rav: Here if he swore; there if he did not swear. Rebbi Jeremiah wanted to say, he should have kept silent and not confessed. Rebbi Yasa wanted to say, he should have kept silent and not have sworn. Rebbi Joḥanan said, if he swore, he should have appointed an officer of the court. Rebbi Joḥanan seems to say, an officer of the court determined that one was a robber, not a court which determined that one was robbed. Other Tannaїm stated, a court which determined that one was robbed, [as it was stated, Rebbi Simeon ben Eleazar said, a court which determined that one was robbed,] not a court which determined that one was a robber. Rebbi Ila said, we also have stated that the rules are identical for robbery, intercourse, and loan. Everbody agrees about the deposit mentioned in the Mishnah, from the following: “If he said to two people, I robbed a mina from one of you but I do not know which one of you it was.”

HALAKHAH: “If one says to two people, I robbed,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: Here if they complain, there if they are silent. Rebbi Yasa in the name of Rebbi Joḥanan: Here, if witnesses know; there, if no witnesses know. Rav Jeremiah in the name of Rav: Here if he swore; there if he did not swear. There, they say in the name of Rav: Here if he swore; there if he did not swear. Rebbi Jeremiah wanted to say, he should have kept silent and not confessed. Rebbi Yasa wanted to say, he should have kept silent and not have sworn. Rebbi Joḥanan said, if he swore, he should have appointed an officer of the court. Rebbi Joḥanan seems to say, an officer of the court determined that one was a robber, not a court which determined that one was robbed. Other Tannaїm stated, a court which determined that one was robbed, [as it was stated, Rebbi Simeon ben Eleazar said, a court which determined that one was robbed,] not a court which determined that one was a robber. Rebbi Ila said, we also have stated that the rules are identical for robbery, intercourse, and loan. Everbody agrees about the deposit mentioned in the Mishnah, from the following: “If he said to two people, I robbed a mina from one of you but I do not know which one of you it was.”

HALAKHAH: “If one says to two people, I robbed,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: Here if they complain, there if they are silent. Rebbi Yasa in the name of Rebbi Joḥanan: Here, if witnesses know; there, if no witnesses know. Rav Jeremiah in the name of Rav: Here if he swore; there if he did not swear. There, they say in the name of Rav: Here if he swore; there if he did not swear. Rebbi Jeremiah wanted to say, he should have kept silent and not confessed. Rebbi Yasa wanted to say, he should have kept silent and not have sworn. Rebbi Joḥanan said, if he swore, he should have appointed an officer of the court. Rebbi Joḥanan seems to say, an officer of the court determined that one was a robber, not a court which determined that one was robbed. Other Tannaїm stated, a court which determined that one was robbed, [as it was stated, Rebbi Simeon ben Eleazar said, a court which determined that one was robbed,] not a court which determined that one was a robber. Rebbi Ila said, we also have stated that the rules are identical for robbery, intercourse, and loan. Everbody agrees about the deposit mentioned in the Mishnah, from the following: “If he said to two people, I robbed a mina from one of you but I do not know which one of you it was.”

HALAKHAH: “If one says to two people, I robbed,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: Here if they complain, there if they are silent. Rebbi Yasa in the name of Rebbi Joḥanan: Here, if witnesses know; there, if no witnesses know. Rav Jeremiah in the name of Rav: Here if he swore; there if he did not swear. There, they say in the name of Rav: Here if he swore; there if he did not swear. Rebbi Jeremiah wanted to say, he should have kept silent and not confessed. Rebbi Yasa wanted to say, he should have kept silent and not have sworn. Rebbi Joḥanan said, if he swore, he should have appointed an officer of the court. Rebbi Joḥanan seems to say, an officer of the court determined that one was a robber, not a court which determined that one was robbed. Other Tannaїm stated, a court which determined that one was robbed, [as it was stated, Rebbi Simeon ben Eleazar said, a court which determined that one was robbed,] not a court which determined that one was a robber. Rebbi Ila said, we also have stated that the rules are identical for robbery, intercourse, and loan. Everbody agrees about the deposit mentioned in the Mishnah, from the following: “If he said to two people, I robbed a mina from one of you but I do not know which one of you it was.”

HALAKHAH: If somebody deposits produce with another person,” etc. Rebbi Abbahu said, if you would say that he should not touch them even if they are going to spoil, he will invent situations. Rebbi Abba bar Jacob in the name of Rebbi Joḥanan, Rebbi Abbahu in the name of Rebbi Joḥanan: Practice follows Rabban Simeon ben Gamliel. For example, Rebbi Joḥanan from Ḥaqoq deposited with the Elder Rebbi Ḥiyya a saddle bag full of leavened material. He came to ask Rebbi, who said it should be sold under the surpervision of the court when it would have to be destroyed. A person deposited with Rabbi Ḥiyya bar Ashi an amphora full of kutaḥ. He came to ask Rav, who said it should be sold under the surpervision of the court when otherwise it would have to be destroyed.

HALAKHAH: If somebody deposits produce with another person,” etc. Rebbi Abbahu said, if you would say that he should not touch them even if they are going to spoil, he will invent situations. Rebbi Abba bar Jacob in the name of Rebbi Joḥanan, Rebbi Abbahu in the name of Rebbi Joḥanan: Practice follows Rabban Simeon ben Gamliel. For example, Rebbi Joḥanan from Ḥaqoq deposited with the Elder Rebbi Ḥiyya a saddle bag full of leavened material. He came to ask Rebbi, who said it should be sold under the surpervision of the court when it would have to be destroyed. A person deposited with Rabbi Ḥiyya bar Ashi an amphora full of kutaḥ. He came to ask Rav, who said it should be sold under the surpervision of the court when otherwise it would have to be destroyed.

HALAKHAH: If somebody deposits produce with another person,” etc. Rebbi Abbahu said, if you would say that he should not touch them even if they are going to spoil, he will invent situations. Rebbi Abba bar Jacob in the name of Rebbi Joḥanan, Rebbi Abbahu in the name of Rebbi Joḥanan: Practice follows Rabban Simeon ben Gamliel. For example, Rebbi Joḥanan from Ḥaqoq deposited with the Elder Rebbi Ḥiyya a saddle bag full of leavened material. He came to ask Rebbi, who said it should be sold under the surpervision of the court when it would have to be destroyed. A person deposited with Rabbi Ḥiyya bar Ashi an amphora full of kutaḥ. He came to ask Rav, who said it should be sold under the surpervision of the court when otherwise it would have to be destroyed.

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.

HALAKHAH: “If somebody deposits produce with another person,” etc. Rebbi Immi said, they stated this at harvest time. There, they say that these evil rats, if they see plenty of produce, call their friends and eat with them; Rebbi Joḥanan said, they waste, they squander.

HALAKHAH: “Silver acquires gold,” etc. This is a summary of the matter: Anything worth less that the other acquires the other. Rebbi Ḥiyya bar Ashi said, who stated this? Rebbi Simeon ben Rebbi. His father told him, change your opinion and state the following: “Gold acquires silver.” He told him, I do not change my opinion since when your faculties were unimpaired, you instructed me to state: “Silver acquires gold.” The word of Rebbi implies that gold is like produce. The Mishnah implies that silver is like produce. [Rebbi Ḥiyya’s baraita implies that gold is like produce, but his word implies that silver is like produce, as in the following:] The elder Rebbi Ḥiyya’s daughter lent denars to Rav. She came and asked her father, who told her: Take from him good and full weight denars. Do we learn from Rebbi Ḥiyya’s daughter? Rebbi Idi said, also Abba, Samuel’s father, asked before Rebbi: May one lend denars against denars? He answered him, it is permitted. Rebbi Jacob bar Aḥa said, also Rebbi Joḥanan and Rebbi Simeon ben Laqish both instruct: It is permitted to lend denars against denars. Qerat against qerat is permitted, lekan against lekan is forbidden.

There, we have stated: If anything is given instead of money, if one entered in possession, the other is obligated for its exchange. Rebbi Joḥanan said, they stated this only about an ox for a cow, or a donkey for an ox; but heap against heap one did not acquire. Rav Jeremiah in the name of Rav: Even heaps among heaps he did acquire. Rebbi Abba bar Mina in the name of Rav: One who exchanged אברוקלון against אמברוקלון did acquire.

Rebbi Ḥanina said, practice follows Rebbi Simeon, but we do not say this in all cases. Rav Jeremiah in the name of Rav: A case came before Rebbi and he instructed following Rebbi Simeon. Rebbi Ḥiyya bar Joseph gave a denar for salt. That one reneged. He said, does he not know that already a sickle is put on the thigh of that man, “He Who exacted retribution from the people of the Flood will in the future collect from him who does not keep his word”? A person paid for raw silk. He reneged. The case came before Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan. Rebbi Ḥiyya bar Joseph said, either he delivers for the amount of the pledge or one may turn him over to “Him Who exacted retribution.”. Rebbi Joḥanan said, either he delivers the entire contract or one may turn him over to “Him Who exacted retribution.” Rebbi La said, it was a case of a pledge; Rebbi Ze‘ira said, he had given him partial payment. Rebbi Ḥiyya bar Joseph agrees with Rebbi Joḥanan in a sale which is not usually split, such as of a cow or a stole.

Rebbi Ḥanina said, practice follows Rebbi Simeon, but we do not say this in all cases. Rav Jeremiah in the name of Rav: A case came before Rebbi and he instructed following Rebbi Simeon. Rebbi Ḥiyya bar Joseph gave a denar for salt. That one reneged. He said, does he not know that already a sickle is put on the thigh of that man, “He Who exacted retribution from the people of the Flood will in the future collect from him who does not keep his word”? A person paid for raw silk. He reneged. The case came before Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan. Rebbi Ḥiyya bar Joseph said, either he delivers for the amount of the pledge or one may turn him over to “Him Who exacted retribution.”. Rebbi Joḥanan said, either he delivers the entire contract or one may turn him over to “Him Who exacted retribution.” Rebbi La said, it was a case of a pledge; Rebbi Ze‘ira said, he had given him partial payment. Rebbi Ḥiyya bar Joseph agrees with Rebbi Joḥanan in a sale which is not usually split, such as of a cow or a stole.

Rebbi Ḥanina said, practice follows Rebbi Simeon, but we do not say this in all cases. Rav Jeremiah in the name of Rav: A case came before Rebbi and he instructed following Rebbi Simeon. Rebbi Ḥiyya bar Joseph gave a denar for salt. That one reneged. He said, does he not know that already a sickle is put on the thigh of that man, “He Who exacted retribution from the people of the Flood will in the future collect from him who does not keep his word”? A person paid for raw silk. He reneged. The case came before Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan. Rebbi Ḥiyya bar Joseph said, either he delivers for the amount of the pledge or one may turn him over to “Him Who exacted retribution.”. Rebbi Joḥanan said, either he delivers the entire contract or one may turn him over to “Him Who exacted retribution.” Rebbi La said, it was a case of a pledge; Rebbi Ze‘ira said, he had given him partial payment. Rebbi Ḥiyya bar Joseph agrees with Rebbi Joḥanan in a sale which is not usually split, such as of a cow or a stole.

Rebbi Jacob bar Idi, Rebbi Abbahu in the name of Rebbi Joḥanan: A ring does not have the status of a pledge. Nobody dealing in words onlymay one deliver to “Him Who exacted retribution”. Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan: If one promised a gift to another and wanted to renege on it, he may renege. [Rebbi Jacob bar Zavdi asked before Rebbi Abbahu: Is that “true no, true yes”?] He said, at the moment when he said it, he had to speak with full deliberation. After that, if he changes his mind, he cannot change it, that is, if [the recipient] is poor. But for a rich person, is that a vow? Rav commanded his servant: If I tell you to give a gift to a person, if he is poor, give it to him immediately. But if he is rich, take counsel with me a second time.

Rebbi Jacob bar Idi, Rebbi Abbahu in the name of Rebbi Joḥanan: A ring does not have the status of a pledge. Nobody dealing in words onlymay one deliver to “Him Who exacted retribution”. Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan: If one promised a gift to another and wanted to renege on it, he may renege. [Rebbi Jacob bar Zavdi asked before Rebbi Abbahu: Is that “true no, true yes”?] He said, at the moment when he said it, he had to speak with full deliberation. After that, if he changes his mind, he cannot change it, that is, if [the recipient] is poor. But for a rich person, is that a vow? Rav commanded his servant: If I tell you to give a gift to a person, if he is poor, give it to him immediately. But if he is rich, take counsel with me a second time.

Rebbi Joḥanan gave denars to a relative of his for oil. The oil rose in price. He went and asked Rebbi Yannai who told him, by Torah standards money acquires, but why did they say it does not acquire? Lest [the seller] tell him, your wheat was burned in the storage room. Rebbi Samuel ben Sosartai in the name of Rebbi Abbahu: If [the seller] told him, your wheat was burned in the storage room, he is trustworthy. Rebbi Isaac objected: Where do we hold? If his money had acquired for him, his property would have been burned. But if his money had not acquired for him, the other’s property was burned.

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.

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.

Cahana asked before Rav: If the seller is being cheated, he is cheated up to a fifth; if the buyer is being cheated, he is cheated up to a sixth! He answered him, it and the amount of cheating add up to a sixth. If he sold him what was worth five for six, can [the seller] not say, you were taken in for a denar, take your denar! Rebbi Ze‘ira said, the other can say to him, it is not to my honor that people say, this one was made a laughing stock. Some say, he can say to him, it is not to my honor to wear a garment of five denars. Rebbi Joḥanan, Rebbi Eleazar and Rebbi Hoshaia say, what is that Tanna’s reason? “I know that my merchandise was worth only five denars, but because he needed it, I gave it to him for six. Take yours and return mine.”

If he sold him what was worth five for six; [the buyer] did not have time to ask around until it appreciated to be worth seven. Rebbi Jacob bar Idi, Rebbi Abbahu in the name of Rebbi Joḥanan: Since the sale is annulled for one, it also is annulled for the other. There, we have stated: “Four situations in sales. If he sold him high quality wheat and it turned out to be low quality, the buyer can annul the transaction. Low quality and it turned out to be high quality, the seller can annul the transaction.” [Therefore, the buyer cannot annul the transaction.] Rebbi Yose ben Rebbi Abun said, it follows this Tanna: “Nobody dealing in words only may one deliver to “Him Who exacted retribution”.

“He may use it for Second Tithe without hesitation since it is only miserly.” Jacob bar Zavdi, Rebbi Joḥanan in the name of Rebbi Simon: One does not add a fifth for any Second Tithe which in itself is not worth a peruṭah. Rebbi Joḥanan in the name of Rebbi Yannai: One does not add a fifth for any Second Tithe for which the fifth is not worth a peruṭah. A baraita supports the one, a baraita supports the other. As it was stated: “From its tithe,” except what is worth less than a peruṭah. This means, not unless itself is worth a peruṭah. Another Tanna states: “From its tithe, its fifths” except if it is worth less than a peruṭah. This means, not unless the fifth is worth a peruṭah. Rebbi Abin bar Mamal said, our Mishnah follows neither one since we have stated “there are five peruṭot”, but we did not state “not unless itself is worth a peruṭah”; we have stated “there are five fifths”, but we did not state “not unless the fifth is worth a peruṭah”.

“He may use it for Second Tithe without hesitation since it is only miserly.” Jacob bar Zavdi, Rebbi Joḥanan in the name of Rebbi Simon: One does not add a fifth for any Second Tithe which in itself is not worth a peruṭah. Rebbi Joḥanan in the name of Rebbi Yannai: One does not add a fifth for any Second Tithe for which the fifth is not worth a peruṭah. A baraita supports the one, a baraita supports the other. As it was stated: “From its tithe,” except what is worth less than a peruṭah. This means, not unless itself is worth a peruṭah. Another Tanna states: “From its tithe, its fifths” except if it is worth less than a peruṭah. This means, not unless the fifth is worth a peruṭah. Rebbi Abin bar Mamal said, our Mishnah follows neither one since we have stated “there are five peruṭot”, but we did not state “not unless itself is worth a peruṭah”; we have stated “there are five fifths”, but we did not state “not unless the fifth is worth a peruṭah”.

HALAKHAH: “What is biting,” etc. Rebbi Yannai said, this is interest which is taken away by the judges. They asked before Rebbi Joḥanan, can interest be taken away by the judges? He said, if it were so, nothing would be left for the great people of the Land of Israel. Rebbi Joḥanan agrees that no document obligates another. Rebbi Joḥanan agrees that if the document exists one subtracts [the interest].

HALAKHAH: “What is biting,” etc. Rebbi Yannai said, this is interest which is taken away by the judges. They asked before Rebbi Joḥanan, can interest be taken away by the judges? He said, if it were so, nothing would be left for the great people of the Land of Israel. Rebbi Joḥanan agrees that no document obligates another. Rebbi Joḥanan agrees that if the document exists one subtracts [the interest].

HALAKHAH: “What is biting,” etc. Rebbi Yannai said, this is interest which is taken away by the judges. They asked before Rebbi Joḥanan, can interest be taken away by the judges? He said, if it were so, nothing would be left for the great people of the Land of Israel. Rebbi Joḥanan agrees that no document obligates another. Rebbi Joḥanan agrees that if the document exists one subtracts [the interest].

“He told him, deliver my wheat, for I want to sell it.” How did he acquire? Rav Naḥman bar Jacob was of the opinion that he had to deliver (to the other person) [by law. Rebbi Abbahu in the name of Rebbi Joḥanan: His money acquired for him by biblical law.]

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.

It was stated: “Rabban Simeon ben Gamliel said, one invests in improving a field and does not worry about interest. How is this? One leased a field for ten kor of wheat and said to him, give me a tetradrachma and I shall give you twelve kor at threshing time, it is permitted.” Rebbi Joḥanan said, because the field may bring an extraordinary yield. Rebbi Simeon ben Laqish said, it is as if he increased the rent for the field. What is the difference between them? A store or a ship. According to him who said, because the field may bring an extraordinary yield, one invests in a store or a ship. According to him who said, it is as if he increased the rent for the field, one may not invest in a store or a ship. Rebbi Jacob bar Aḥa said, they disagree explicitly: Rebbi Joḥanan said, one invests in a store or a ship. Rebbi Simeon ben Laqish said, one may not invest in a store or a ship, nor in anything which is not invested in the object itself.

It was stated: “Rabban Simeon ben Gamliel said, one invests in improving a field and does not worry about interest. How is this? One leased a field for ten kor of wheat and said to him, give me a tetradrachma and I shall give you twelve kor at threshing time, it is permitted.” Rebbi Joḥanan said, because the field may bring an extraordinary yield. Rebbi Simeon ben Laqish said, it is as if he increased the rent for the field. What is the difference between them? A store or a ship. According to him who said, because the field may bring an extraordinary yield, one invests in a store or a ship. According to him who said, it is as if he increased the rent for the field, one may not invest in a store or a ship. Rebbi Jacob bar Aḥa said, they disagree explicitly: Rebbi Joḥanan said, one invests in a store or a ship. Rebbi Simeon ben Laqish said, one may not invest in a store or a ship, nor in anything which is not invested in the object itself.

HALAKHAH: “One does not contract for produce,” etc. May one contract based on Saracens’ rates? Rebbi Joḥanan says, one may contract; Rebbi Simeon ben Laqish said, one may not contract. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: Would it not be reasonable that Rebbi Simeon ben Laqish agree with Rebbi Joḥanan about rates of Saracens of Sepphoris, since that is uninterrupted? Rebbi Abun bar Cahana said, I am wondering about what the rabbis disagree? Whether contracting for produce, or contracting for money, or a loan on produce? Rebbi Jeremiah said, they disagree about a loan, but about (a hostelry) [a contract] everybody agrees that it is forbidden. Rebbi Yose said, they disagree about a contract, but about a loan everybody agrees that it is permitted. In the House of Rebbi Yannai they said, one contracts for cattle feed. Rebbi Yose ben Ḥanina said, also on honeycombs. Rebbi Joḥanan said, in all villages near Tiberias one contracts once the rate was established at Tiberias.

HALAKHAH: “One does not contract for produce,” etc. May one contract based on Saracens’ rates? Rebbi Joḥanan says, one may contract; Rebbi Simeon ben Laqish said, one may not contract. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: Would it not be reasonable that Rebbi Simeon ben Laqish agree with Rebbi Joḥanan about rates of Saracens of Sepphoris, since that is uninterrupted? Rebbi Abun bar Cahana said, I am wondering about what the rabbis disagree? Whether contracting for produce, or contracting for money, or a loan on produce? Rebbi Jeremiah said, they disagree about a loan, but about (a hostelry) [a contract] everybody agrees that it is forbidden. Rebbi Yose said, they disagree about a contract, but about a loan everybody agrees that it is permitted. In the House of Rebbi Yannai they said, one contracts for cattle feed. Rebbi Yose ben Ḥanina said, also on honeycombs. Rebbi Joḥanan said, in all villages near Tiberias one contracts once the rate was established at Tiberias.

HALAKHAH: “One does not contract for produce,” etc. May one contract based on Saracens’ rates? Rebbi Joḥanan says, one may contract; Rebbi Simeon ben Laqish said, one may not contract. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: Would it not be reasonable that Rebbi Simeon ben Laqish agree with Rebbi Joḥanan about rates of Saracens of Sepphoris, since that is uninterrupted? Rebbi Abun bar Cahana said, I am wondering about what the rabbis disagree? Whether contracting for produce, or contracting for money, or a loan on produce? Rebbi Jeremiah said, they disagree about a loan, but about (a hostelry) [a contract] everybody agrees that it is forbidden. Rebbi Yose said, they disagree about a contract, but about a loan everybody agrees that it is permitted. In the House of Rebbi Yannai they said, one contracts for cattle feed. Rebbi Yose ben Ḥanina said, also on honeycombs. Rebbi Joḥanan said, in all villages near Tiberias one contracts once the rate was established at Tiberias.

“If he was the first to harvest, he may contract for the stack of sheaves,” etc. Rav said, if one processing stage was missing, one may contract; if several processing stages were missing, one may not contract. Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, even if several processing stages were missing, one may contract. But the Mishnah disagrees with Rav: “If he was the first to harvest,” etc.

HALAKHAH: “If somebody hired tradesmen,” etc. Rav said, “because the Children of Israel are My servants,” Jews cannot buy one another. Rebbi Joḥanan said, this was stated about a Hebrew slave. In Rav’s opinion, both a worker and an employer can back out; in Rebbi Joḥanan’s opinion the worker can back out but not the employer.

HALAKHAH: “If somebody hired tradesmen,” etc. Rav said, “because the Children of Israel are My servants,” Jews cannot buy one another. Rebbi Joḥanan said, this was stated about a Hebrew slave. In Rav’s opinion, both a worker and an employer can back out; in Rebbi Joḥanan’s opinion the worker can back out but not the employer.

HALAKHAH: “Somebody who rented a donkey,” etc. One understands on the mountain, but he led it in the valley. In the valley, but he led it on the mountain? Rebbi Simeon ben Yaqim said, if it died because of the air. Rebbi Dositheos ben Yannai said, if it was bitten by a snake. Rebbi Joḥanan said, it is Rebbi Meïr’s who said, anybody who deviates from the owner’s instructions is called a robber.

“If it died or broke a limb, he has to provide him with a donkey.” Rebbi Joḥanan said, if [the lessee] requested “a donkey” without specifications. But if he requested “this donkey”, [the lessor] may tell him, you wanted this one, bring it before us. Rav Ḥuna said, he has to deal with it on place. Rebbi Ze‘ira said, if he can get enough from his effort to lease a small donkey, he does not need to provide him with another donkey. Otherwise, he has to provide him with another donkey. Rebbi Ḥuna said, if the cadaver is worth enough to buy a small donkey, he does not need to provide him with another donkey. Otherwise, he has to provide him with another donkey.

Rebbi Joḥanan said, a person is ready to give something so that he can sell his produce based on a pledge. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina said, a person is ready to give something so that he can sell his produce to somebody who will appease him by a pledge.

MISHNAH: One who hires workers and tells them to start early and work late, at a place where it is not customary to start early or work late cannot force them to do so. At a place where it is customary to feed them, he has to feed them; to supply a snack, he has to supply it, always following local custom. It happened that Rebbi Joḥanan ben Matthew said to his son, go and hire workers for us. He awarded them food, but when he returned to his father, the latter told him, even if you serve them Solomon’s meal in his time you did not fulfill your pledge since they are descendants of Abraham, Isaac, and Jacob. But before they start work go and tell them: On condition that your only claim be for bread and legumes. Rabban Simeon ben Gamliel said, that was unnecessary; one always follows local custom.

In the opinion of Rebbi Joḥanan ben Matthew, a man who goes to another place to preliminarily marry a woman has to stipulate with her and tell her, on condition that you work so and so much and eat for such and such costs.

HALAKHAH: “A worker may eat zucchini even for a denar’s worth,” etc. Rebbi Eleazar ben Antigonos says in the name of Rebbi Eleazar ben Rebbi Yannai, this means that a worker may eat more than his [daily] wages. But some say, Rebbi Joḥanan in the name of Rebbi Yannai: This means that a worker may eat the first or the last bunch of grapes.

HALAKHAH: “If he said to him, lend me,” etc. “Somebody exchanged a cow,” etc. Rebbi Joḥanan said, this contradicts Symmachos who says that in all cases of doubt one splits evenly. Rebbi La said, explain it if both of them say, I am certain. Rebbi Yose explained, if both of them say, I am certain, that is what Rebbi Joḥanan refered to when he said, this contradicts Symmachos’s words.

HALAKHAH: “If he said to him, lend me,” etc. “Somebody exchanged a cow,” etc. Rebbi Joḥanan said, this contradicts Symmachos who says that in all cases of doubt one splits evenly. Rebbi La said, explain it if both of them say, I am certain. Rebbi Yose explained, if both of them say, I am certain, that is what Rebbi Joḥanan refered to when he said, this contradicts Symmachos’s words.

HALAKHAH: “Somebody sold his olive trees for their wood,” etc. Rebbi Joḥanan asked, what is their status if they become moist?

HALAKHAH: “He who leases a dwelling to another person,” etc. Rebbi Simeon ben Laqish said, if he puts him into it. Rebbi Joḥanan said, if he told him, a dwelling like this I shall lease to you. But if a person leasing a house wants to sell it? Rebbi Immi said, nobody thinks that this one should die of hunger. Rebbi Ze‘ira and Rebbi Hila both say, while certainly it is acquired by him, he has to tell him, let him dwell there until the time of his recall. There came a case before Rebbi Nisi and he did not accept this. Does he disagree? They said, his daughter was given as a pledge to a Roman [and he did not have the wherewhithal to redeem her and Rebbi Assi instructed to sell;] therefore he instructed following Rebbi Immi.

HALAKHAH: “One who contracts with another for a field,” etc. Rav Huna said, if the entire area in that direction was scorched. Simeon bar Abba in the name of Rebbi Joḥanan. But only if it was sown. [But if he did not sow], the other can tell him, if you had sown it would have produced a lot. Think of it, if there were other fields [which were not hit]? He may tell him, the Holy One, praise to Him, is forbearing with the evildoers. If there were other fields which were damaged? He may tell him, so far I was liable in the case; from now on I am no longer liable.

HALAKHAH: “And so an olive press,” until “if a wall or a tree,” etc. Rebbi Eleazar said: It happened that a vine was growing on another person’s peach tree, and the peach tree withered. The case came before the great Rebbi Ḥiyya who told him, go and provide him with a peach tree. Rebbi Joḥanan told him: Is this not a Mishnah? “And so an olive press built into a rock and another’s vegetable garden is on its top”? Do we not understand that one does not force? But Rebbi Ḥiyya stated that one forces! We may say that they did not disagree. He who says that one forces, if he is there. But he who says that one does not force, if he is absent.

HALAKHAH: “Two vegetable gardens,” etc. What shall one do? Ephraim in the name of Rebbi Simeon ben Laqish said, they shall split. In the House of Rebbi Yannai they say, up to ten handbreadths. Rebbi Joḥanan said in the name of Rebbi Yannai: Only he shall not force himself.

HALAKHAH: “Condominium owners who want to make a separation,” etc. As we have stated there: “One does not subdivide a courtyard unless each party has four cubits.” They said, there if the two parties do not agree. But here if both parties agree. And you may even say, here if the two parties do not agree. If this one wishes, one forces the other; if the other one wishes, one forces this one. Rebbi Joḥanan said, one forces for courtyards; one does not force for roofs. Rebbi Nasa wanted to say, in case of a courtyard which is higher than the roof. But in case of a roof which is higher than the courtyard, one forces. Rebbi Joḥanan wanted to say, in case of a courtyard which is higher than the roof one forces. But in case of a roof which is higher than the courtyard, one does not force.

HALAKHAH: “Condominium owners who want to make a separation,” etc. As we have stated there: “One does not subdivide a courtyard unless each party has four cubits.” They said, there if the two parties do not agree. But here if both parties agree. And you may even say, here if the two parties do not agree. If this one wishes, one forces the other; if the other one wishes, one forces this one. Rebbi Joḥanan said, one forces for courtyards; one does not force for roofs. Rebbi Nasa wanted to say, in case of a courtyard which is higher than the roof. But in case of a roof which is higher than the courtyard, one forces. Rebbi Joḥanan wanted to say, in case of a courtyard which is higher than the roof one forces. But in case of a roof which is higher than the courtyard, one does not force.

HALAKHAH: “One does not divide the courtyard,” etc. Rebbi Joḥanan said, the four cubits which they mentioned are outside the four cubits of the doors. Bar Kappara stated thus: One does not subdivide a courtyard unless there be eight cubits for each party. Rebbi Joḥanan said, the four cubits which they mentioned are not acquired by him but they are for him to park his animal temporarily and unload his package. Rebbi Jonathan asked: did they only say for him to park his animal temporarily and unload his package temporarily? It was found stated: also the circular enclosure of a cistern has four cubits. They said in the House of Rebbi Yannai: the chicken coop also has four cubits.

HALAKHAH: “One does not divide the courtyard,” etc. Rebbi Joḥanan said, the four cubits which they mentioned are outside the four cubits of the doors. Bar Kappara stated thus: One does not subdivide a courtyard unless there be eight cubits for each party. Rebbi Joḥanan said, the four cubits which they mentioned are not acquired by him but they are for him to park his animal temporarily and unload his package. Rebbi Jonathan asked: did they only say for him to park his animal temporarily and unload his package temporarily? It was found stated: also the circular enclosure of a cistern has four cubits. They said in the House of Rebbi Yannai: the chicken coop also has four cubits.

Rebbi Joḥanan in the name of Rebbi Banaiah. Everything the co-owners can prevent one another from doing in the courtyard except laundering because of the honor of the daughters of Israel. Rebbi Mattaniah said, this is at a place where women do the laundering, but not at a place where men do the laundering. And what was said, except laundering because of the honor of the daughters of Israel, only that in his own four cubits he may prevent it. And what was said, everything the co-owners can prevent one another from doing in the courtyard, in the entire courtyard except in the other person’s own four cubits where he cannot prevent him. But if the place was at an incline, even in the other person’s own four cubits he can prevent him, since he may tell him: you are pouring out in your domain but it flows down into mine.

Rebbi Joḥanan in the name of Rebbi Eleazar ben Rebbi Simeon. If anybody does not want to participate in an ‘eruv one enters his house and makes the ‘eruv against his will. But was it not stated: if he does not want to make an ‘eruv, if he does not refuse one enters his house and makes the ‘eruv against his will? Because he does not refuse. But not if he does refuse. But was it not stated: “The dwellers at a dead end alley may force one another to make a lath or a beam for the dead end alley.” Rebbi Yose ben Rebbi Abun said, not that he refused but out of ill-will he does not want to participate in an ‘eruv.

It was stated: “If it was solid rock, it is permitted.” As we say, Rebbi Joḥanan left the synagogue and let water behind the door. But we do not know whether it was because it was solid rock or because he suffered pain and could no bear it.

HALAKHAH: “One distances carcasses,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: To the place where one prepares the skins. In the House of Rebbi Yannai they said, up to the place where one might smell what he makes. It was stated so: “Rebbi Aqiba says, he may build it in any direction and distances himself, except to the West because that [wind] is frequent.” Rebbi Mana went to accompany a person afflicted with a skin disease. His father told him, do not walk to the East of him but rather to the West of him.

HALAKHAH: “One distances a tree,” etc. Halakhah 12: “A person should not plant,” etc. Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: The rabbis’ reason is that civilization is based on cisterns. Simeon bar Abba in the name of Rebbi Joḥanan: Rebbi Joshua answers the rabbis thus: just as you hold that civilization is based on cisterns, so I am holding that civilization is based on trees.

[Rebbi Yasa said in the name of Rebbi Joḥanan: Roots are irrelevant for First Fruits.] Rebbi Yose said, he said it correctly. For if he did say that roots are important, nobody could ever bring First Fruits since the roots of one enter the other’s ground and vice-versa. Therefore, Rebbi Yasa said in the name of Rebbi Joḥanan: Roots are irrelevant for First Fruits.

[Rebbi Yasa said in the name of Rebbi Joḥanan: Roots are irrelevant for First Fruits.] Rebbi Yose said, he said it correctly. For if he did say that roots are important, nobody could ever bring First Fruits since the roots of one enter the other’s ground and vice-versa. Therefore, Rebbi Yasa said in the name of Rebbi Joḥanan: Roots are irrelevant for First Fruits.

Rebbi Yasa in the name of Rebbi Joḥanan: Practice follows Rebbi Simeon. Rebbi Ḥiyya in the name of Rebbi Joḥanan: Everybody agrees that practice follows Rebbi Simeon.

Rebbi Yasa in the name of Rebbi Joḥanan: Practice follows Rebbi Simeon. Rebbi Ḥiyya in the name of Rebbi Joḥanan: Everybody agrees that practice follows Rebbi Simeon.

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.”

Simeon bar Abba in the name of Rebbi Joḥanan: If someboldy is selling a house to another, when he delivered the key [the buyer] took possession. Rebbi Immi in the name of Rebbi Joḥanan: If somebody is selling a house to another, when [the buyer] stored produce there, he took possession. Rebbi Samuel bar Rav Isaac said, only produce usually stored. Rebbi Joḥanan in the name of Rebbi Yannai: If somebody is selling a cistern to another, when he handed over its pails [the buyer] took possession. Rebbi Joshua ben Levi in the name of Rebbi Simeon ben Laqish: If somebody sold a flock to another person, when [the seller] delivered the maškokît, [the buyer] took possession. What is maškokît? Some say, the shepherd’s staff. But some say, a pandura. And some say, the bell-wether. Rebbi Simeon ben Laqish in the name of Bar Qappara: If somebody is selling a burial chamber to another, when that one buried there one dead it is confirmation of claim for the entire chamber. When he buried three dead in three chambers, it is confirmation of claim for the entire burial cavern.