mishnah

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.

MISHNAH: He who robbed at least a peruṭa’s worth from a fellow man and swore to him should deliver it to him even in Media. He should deliver neither to [the victim’s] son nor to his agent, but he may deliver to an agent of the court, and if [the victim] had died, he has to make restitution to his heirs. If he had returned the capital but not the fifth, or [the victim] had forgiven him the capital but not the fifth or had forgiven him both except for less than a peruṭa’s worth of the capital, he need not follow him. If he had returned the fifth but not the capital, or [the victim] had forgiven him the fifth but not the capital or had forgiven him both except for a peruṭa’s worth of the capital, he has to follow him. If he paid the capital but swore on the fifth, he pays a fifth for the fifth until the capital becomes less than a peruṭa’s worth. And so “for a deposit, or a partnership, or robbery, or if he oppressed his neighbor, or found lost property and denied it, and swore falsely,” has to pay the capital, and a fifth, and a reparation sacrifice.

HALAKHAH: “He who robbed at least a peruṭa’s worth from a fellow man,” etc. So is the Mishnah: Until the last fifth becomes less than a peruṭa’s worth. Rebbi Jonathan said: By handing over the fifth, the fifth becomes capital. This only applies with witnesses and at the time of sacrifices.

MISHNAH: Where is my deposit? He told him ‘it was lost’. ‘I will make you swear’ and he said ‘amen’. If witnesses testify against him that he ate it, he pays the capital. If he confessed on his own, he has to pay the capital, and a fifth, and a reparation sacrifice. Where is my deposit? He told him ‘it was stolen’. ‘I will make you swear’ and he said ‘amen’. If witnesses testify against him that he stole it, he pays double restitution. If he confessed on his own, he has to pay the capital, and a fifth, and a reparation sacrifice. He who robbed from his father and swore to him when he died has to pay capital and fifth to his sons or brothers. But if he refuses, or does not have the money, he takes a loan and the creditors come and make themselves paid.

MISHNAH: If somebody says to his son: A qônām that you cannot enjoy anything from me, when he dies he can inherit from him. During my lifetime and after my death, when he dies he cannot inherit from him but should give it to his sons or his brothers, and if he has nothing he may take a loan; the creditors come and make themselves paid.

MISHNAH: One who robbed from a proselyte, swore to him, and [the proselyte] died, has to pay the capital and the fifth to the priests and the reparation offering to the altar as it is said: “If the man has no heirs to give the reparation to, the reparation etc.” If he was bringing the money and the reparation offering when he died, the money should be given to his sons and the reparation offering shall graze until it becomes disqualified, then be sold, and the amount be given for voluntary offerings. If he had given the money to the men of the watch when he died, the heirs cannot ask it back from them since it is said: “What a man give to a Cohen shall be the latter’s.”

MISHNAH: If he gave the money to Yehoiarib and the reparation offering to Yedaiah, he has fulfilled his obligation. The reparation offering to Yehoiarib and the money to Yedaiah, if the offering still is alive it should be brought by Yedaiah; otherwise he was to come back and bring another reparation offering; for he who brings the robbed item before he brings the reparation offering has fulfilled his obligation, but he who brings the reparation offering before he brings the robbed item has not fulfilled his obligation. If he paid the capital but not the fifth, the fifth is no obstacle.

MISHNAH: If somebody robbed to feed his children and they inherited from him, they are not liable to pay; if it was mortgageable property they have to pay. One changes money neither from the chest of the publican nor the wallet of the tax collector and one does not accept charity from these, but one accepts from their house or from the market place.

“If it was mortgageable property they have to return it.” What is mortgageable property? Rebbi Jonathan says, if they inherited real estate. Rebbi Simeon ben Laqish said, if they inherited robbed items. Rav said, an heir is like the holder of encumbered property. Just as a loan executed before witnesses cannot be collected from encumbered property, so it cannot be collected from heirs. Samuel said, what was received cannot be foreclosed on mortgaged property, but on free property it can be foreclosed. But does [the Mishnah] not disagree with Rav? Since Rav said, an heir is like a holder of encumbered property; just as a loan executed before witnesses cannot be collected from encumbered property, so it cannot be foreclosed from heirs. Explain it if he left them real estate. But might it not disagree with Samuel? Did not Samuel say, what was received cannot be foreclosed on mortgaged property? Explain it if they inherited robbed items.

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.

MISHNAH: If one recognizes his own vessels or books in the hand of another, if the theft was a known fact in town, [the other] shall swear to him how much he paid and take this amount. Otherwise he cannot be believed, for I am saying that he had sold the items to a third party and the other had bought them from there.

MISHNAH: One comes with his amphora of wine, the other comes with his jug of honey. If the amphora of honey sprang a leak, if the other one poured out his wine and saved the honey into it, he only has his wages. But if he said, I shall save yours if you pay me the value of mine, he is liable to pay him.

MISHNAH: If a river washed away his donkey and another’s donkey; his was worth a mina, the other’s 200. If he abandoned his own and saved the other’s, he only has his wages. But if he said, I shall save yours if you pay me the value of mine, he is liable to pay him.

MISHNAH: Somebody had robbed a field which subsequently was taken by discharged veterans. If it is a provincial plague, he may tell him: Here is your property before you. But if it was because of the robber, he has to give him a field. If a river had washed it away, he may say to him: Here is your property before you. He who robbed from another, or took a loan from him, or accepted a deposit in a built-up area cannot give it back to him in the desert. [If it was given] with the intent to depart for the desert, he can give it back to him in the desert.

MISHNAH: He who says to another: I robbed you, or I took a loan from you, you deposited with me, but I do not known whether I returned it to you or did not return it, is liable to pay. But if he said to him: I do not know whether I robbed you, or I took a loan from you, or you deposited with me or did not deposit, he is not liable to pay.

MISHNAH: If one stole a lamb from the flock and returned it, if it died or was stolen he is liable. If the owners were unaware both of the theft and the return, he is no longer liable after they counted the flock and found it complete.

MISHNAH: One does not buy wool, or milk, or lambs from shepherds, nor wood or fruits from orchard watchmen; but one may buy linen garments from women in Galilee, and calves in the Sharon. In all cases it is forbidden if they told to hide. One buys eggs and chickens everywhere.

MISHNAH: Fibers which remain at the washer’s are his, but what the carder produces are the consignor’s. The washer takes three threads and they are his, more than that belong to the consignor. If it was black on a white background he takes all of them and they are his.

MISHNAH: The tailor who had enough thread left to sew with it, and cloth three by three finger breadths, has to return if to its owners. What the woodworker takes off with a small plane is his, with a large one belongs to the consignor; if he works at the latter’s place even the chips are the consignor’s.

MISHNAH: If two persons hold on to one toga and each of them says “I found it” [or] “it wholly belongs to me”, each of them has to swear that he owns no less than half of it and they shall divide it evenly. If one says “it wholly belongs to me” and one says “half of it belongs to me”, the one who says “it wholly belongs to me” shall swear that he owns no less than three parts and the one who says “half of it belongs to me” shall swear that he owns no less than a quarter. The first one takes three parts, the second takes a fourth.

MISHNAH: If two persons were riding on an animal or one was riding and one was walking, each of them says “it wholly belongs to me”, each of them has to swear that he owns no less than half of it and they shall divide it evenly. If they agree or if they have witnesses, they divide without an oath.

MISHNAH: Somebody was riding on an animal when he saw a find and said to another person: “give it to me”. If [that one] took it and said: “I acquired it”, he acquired it. If after he had handed it over, he said: “I acquired it first,” he did not say anything.

MISHNAH: If somebody saw a find and fell upon it when another person grabbed it, the one who grabbed it acquired it. If one saw people running after a find, after an injured deer, after young pigeons unable to fly, and he said: “my field shall acquire it for me”, it acquired it for him. If the deer was running normally, or the pigeons were flying, and he said: “my field shall acquire it for me”, he did not say anything.

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: “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.

MISHNAH: The find of his small son or daughter, or of his Canaanite male or female slave, his wife’s find, these are his. The find of his adult son or daughter, or of his Hebrew male or female slave, his wife’s find after he divorced her even though he did not yet pay her ketubah, these are their own.

“His wife’s find after he divorced her.” Rebbi Yosana in the name of Rebbi Aḥa: A man who divorced his wife without paying her ketubah is liable for her upkeep until he gave her the last penny. Rebbi Yose said, the Mishnah says this, “his wife’s find after he divorced her.” Rebbi Hoshaiah said, the Mishnah is needed lest you say that because he is liable for her upkeep until he gave her the last penny, her find should be his.

“His wife’s find after he divorced her.” Rebbi Yosana in the name of Rebbi Aḥa: A man who divorced his wife without paying her ketubah is liable for her upkeep until he gave her the last penny. Rebbi Yose said, the Mishnah says this, “his wife’s find after he divorced her.” Rebbi Hoshaiah said, the Mishnah is needed lest you say that because he is liable for her upkeep until he gave her the last penny, her find should be his.

MISHNAH: One who found documents of indebtedness containing an alienation clause should not return them since the court will foreclose on their basis. If they do not contain an alienation clause, he should return them since the court will not foreclose on their basis, the words of Rebbi Meïr. But the Sages say, in no case should he return them since the court will foreclose on their basis.

MISHNAH: One who found women’s bills of divorce or slaves’ bills of manumission, dispositions of gift or receipts should not return them since I say that they were written but he changed his mind not to deliver them.

MISHNAH: One who found letters of appraisal, letters of sustenance, or documents of ḥalîṣah or repudiation, or documents of arbitration, or any other court document, should return them. If he found in a basket or in a box a bundle or joined documents he should return them. How many are joined documents? Three documents connected one to the other. Rabban Simeon ben Gamliel says, if one persons borrows from three, he should return it to the borrower; if three persons borrow from one, he should return it to the lender. If he found a document among his documents whose nature was unknown to him, it should lie there until Elijah comes. If it has an agreement attached to it, he should follow the agreement.

MISHNAH: Which finds are his and which ones does he have to make public? The following finds are his: If he found scattered produce, scattered coins, bundles of grain in the public domain, or fig cakes, baker’s loaves, strings of fish, cuts of meat, local fleece-wool, bundles of flax, or strips of purple wool; these are his.

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.

MISHNAH: But the following must be made public: If one found produce in a container or simply a container, coins in a wallet or simply a wallet, heaps of produce, heaps of coins, three coins one on top of the other, bundles of grain in a private domain, home-baked loaves, fleece wool taken from an artisan’s house. Pitchers of wine and pitchers of oil he has to make public.

MISHNAH: If one found pigeon chicks bound together behind a temporary or permanent fence or on paths between fields, he should not touch them. If one found a vessel on garbage heaps, if it was covered he should not touch it, if in the open he should take it and make it public. What one found in a heap or an old wall belongs to him. At a new wall, from the middle to the outside belongs to him, from the middle to the inside belongs to its owner. If he was renting out to others, even what is inside the house belongs to him.

MISHNAH: What one found in a store is his. Between the counter and the storekeeper it is the storekeeper’s. Before the moneychanger it is his. Between the chair and the moneychanger it is the moneychanger’s. If one bought produce from another person or another person sent him produce and he found coins in it, they are his. But if they were bundled, he takes them and makes it public. The garment was subsumed under “anything”; why was it mentioned separately? To bracket with it and tell you, just as a garment is special in that it has distinguishing marks and claimants, so about everything which has distinguishing marks and claimants you have to give public notice.

HALAKHAH: “What one found in a store is his,” etc. Rebbi Eleazar said, so is the Mishnah: On his chair, on his counter.

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.

MISHNAH: If one described the lost object but not its identifying marks, he should not deliver. To the swindler one should not deliver even if he describes its identifying marks, since it is said: “Until investigating your brother about it,” until you investigate your brother whether he be a swindler or no swindler.

MISHNAH: Anything which works and eats shall work and eat. What does not work but eats should be sold because it is said, “and return it to him,” plan to return it to him. What happens with the money? Rebbi Tarphon says, he may use it; therefore if it is lost he is liable for its alienation. Rebbi Aqiba says, he may not use it; therefore if it is lost he is not liable for its alienation.

MISHNAH: One who found book-scrolls reads in them once every thirty days; if he is illiterate, he rolls them up. But he should not study a new subject in them, nor should a second person read with him. One who found a garment shakes it out every thirty days; he spreads it out for its conservation, but not to show off. Silver and brass vessels he uses for their preservation, but not to rub off. Gold and glass vessels he should not touch until the prophet Elijah comes. If one found a sack or a chest or anything which he does not take up, he need not take it.

MISHNAH: What is a lost animal? If he found a donkey or a cow grazing on the road, this is no lost animal. A donkey whose gear is upside-down or a cow running in a vineyard are lost animals. If he returned it but it ran away, returned it but it ran away even four or five times, he is obligated to return it since it is said: “Return it returning.” If he was losing time worth a tetradrachma, he cannot say, give me a tetradrachma but [the owner] may pay him at the rate of an unemployed worker. If there is a court, he can stipulate with him before the court. If there is no court, before whom could he stipulate? His own comes first. If one found it in the cow-shed, he has no obligation; in the public domain he is obligated. But if it was between graves, he may not defile himself. If his father told him to defile himself, or told him not to return it, he should not listen to him. If he unloaded and loaded, unloaded and loaded even four or five times, he is obligated since it is said: “restoring restore”. If he sat down and said, since it is your religious obligation, if you want to unload, unload, he is free since it is said: “with him”. It is a religious obligation to unload, but not to load; Rebbi Simeon says, also to load. Rebbi Yose the Galilean said, if the load was more than the ordinary, he need not do anything since it is said: “under its load,” a load which it can carry.

MISHNAH: Between his lost property and his father’s lost property, his own has precedence. Between his lost property and his teacher’s lost property, his own has precedence. Between his father’s lost property and his teacher’s lost property, his teacher’s lost property has precedence, for his father brought him to the life of this world, but his teacher who taught him wisdom brought him to the life of the future world. But if his father was his teacher’s equal, his father’s lost property has precedence. If his father and his teacher were carrying loads, he unloads his teacher’s and after that his father’s. If his father and his teacher were jailed, he redeems his teacher and after that redeems his father; but if his father was learned he redeems his father and after that redeems his teacher.

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.

MISHNAH: If one deposited an animal or vessels with another and they were stolen or lost: If the other paid and did not want to swear although they said that the unpaid trustee swears and is absolved, in case the thief was found, he pays double restitution; if he slaughtered or sold it, he pays quadruple or quintuple restitution. To whom does he pay? To the person with whom it was deposited. If the other had sworn and did not pay, in case the thief was found, he pays double restitution; if he slaughtered or sold it, he pays quadruple or quintuple restitution. To whom does he pay? To the owner of the deposit.

MISHNAH: If somebody lease a cow from another person and then lends it out to a third person. If it died a natural death, the lessee shall swear that it died a natural death and the borrower has to pay the lessee. Rebbi Yose said, how can this one treat another person’s cow as his merchandise? But [the value of] the cow shall be returned to its owner.

MISHNAH: If one says to two people, I robbed a mina from one of you but I do not know who it was or, the father of one of you deposited a mina with me but I do not know who it is, has to pay a mina to each of them since he himself confessed. If two people deposited with a third party, one a mina and one 200 [zuz]. Each of them says, the 200 are mine. He shall give each of them a mina and the remainder shall be deposited until Elijah comes. Similarly two vessels, one worth a mina, the other worth 1’000 zuz. Each of them says, the valuable one is mine. He shall give the small vessel to one of them, from the value of the large one he shall give the value of the small one to the other and the remainder shall be deposited until Elijah comes. Rebbi Yose said, if that be so, what did the trickster lose? But everything shall be deposited until Elijah comes.

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.”

MISHNAH: If somebody deposits produce with another person, even if it is becoming unusable he should not touch it. Rabban Simeon ben Gamliel said, he shall sell it under the supervision of the court as returning lost property to its owner.

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 an amphora with another person without insisting on a separate place, when it was moved and broke in his hand, if [the moving] was for his needs, he is liable; for its needs he is not liable. If it broke after it was put down, whether it was for his or its needs, he is not liable. If its owner insisted on a separate place but it was moved and broke, whether in his hand or after it was put down, for his needs he is liable, for its needs he is not liable.

MISHNAH: If somebody deposits coins with another person who binds them together and carries them on his back or gives them to his underage son or daughter, or locks them insufficiently, he is liable because he did not take care the way people take care. But if he took care the way people take care, he is not liable.

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.

MISHNAH: If a person appropriates a deposit, the House of Shammai say, he shall be hit by less or more, but the House of Hillel say, [at the price] at the time of delivery; Rebbi Aqiba says, at the time of claim. If somebody intends to take the deposit, the House of Shammai hold him liable but the House of Hillel say, he is liable only from the moment he takes it. How is this? If he tilted the amphora and took a quartarius, and then it broke, he pays only for a quartarius. If he lifted it and took a quartarius, and then it broke, he pays for all.

HALAKHAH: “If a person appropriates a deposit,” etc. So is the Mishnah: At the time of claim in court. Rav Jeremiah in the name of Rav: Practice follows Rebbi Aqiba. Even though the House of Hillel disagree with him? Rebbi Abun bar Ḥiyya: It happened that there was a case and Rebbi instructed following Rebbi Aqiba. Rav Hoshaia said, if there are no witnesses. But if there are witnesses, everybody agrees with Rebbi Aqiba’s position. There came a case before Rebbi Nasa and he instructed following Rebbi Aqiba.

MISHNAH: Silver acquires gold but gold does not acquire silver. Brass acquires silver but silver does not acquire brass. Bad coins acquire good ones but good ones do not acquire bad ones. A blank acquires a coin but a coin does not acquire a blank. Movables acquire coins but coins do not acquire movables. This is the rule: all movables acquire one another.

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.

MISHNAH: How is this? If he collected from him the produce but did not give him the money, he cannot retract. If he gave the money but did not collect the produce, he can retract, but they said: He Who exacted retribution from the people of the Flood will in future collect from him who does not keep his word. Rebbi Simeon said, the one who holds the money is advantaged.

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.

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: How much time does one have to return it? In walled cities until one can show it to a banker, in villages until Sabbath eve. If he recognizes it, he should take it back even after twelve months, but he has only a complaint against him. He may use it for Second Tithe without hesitation since it is only miserly’. Cheating is by four oboli, claim is about two oboli, confession is about one peruṭah. There are five peruṭot: Confession is about one peruṭah; a woman is preliminarily married by one peruṭah’s worth; one who used one peruṭah’s worth of Temple property committed larceny; one who finds one peruṭah’ s worth has to make it public; one who robbed another of one peruṭah’s worth and swore about it, has to return it to him even in Media. There are five fifths: He who eats heave, or heave of the tithe, or heave of the tithe of demay, or ḥallah, or first fruits, adds a fifth. He who redeems his vineyard in the fourth year or his Second Tithe, adds a fifth. He who redeems his own gifts to the Temple, adds a fifth. He who used one peruṭah’s worth of Temple property, adds a fifth. He who robbed another of one peruṭah’s worth and swore about it, adds a fifth.

“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”.

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.

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.

MISHNAH: What is biting and what is increase? What is biting, lending a tetradrachma for five denars, two se’ah of wheat for three; because this bites. What is increase? Paying more for produce. How is this? One bought from another wheat for a gold denar the kor at the going rate. Wheat appreciated to thirty denars. He told him, deliver my wheat, for I want to sell it and buy wine with the proceeds. The other said, let your wheat be given to me for thirty denars and you have wine with me, but he has no wine. A creditor may not dwell on the debtor’s premises for free or rent it below the going rate, for this would be interest.

MISHNAH: One may increase rental fees but not sale price. How is this? He leased a courtyard saying to him, if [you pay] now it is yours for ten tetradrachmas a year but if paid monthly it is a tetradrachma per month; this is permitted. He sold his field and said to him, if [you pay] now it is yours for 1’000 zuz, but if after the threshing floor it is twelve mina; this is forbidden. If one sold his field, [the buyer] made a partial payment and [the seller] said, anytime you wish bring the remainder and take yours; this is forbidden. If one lent money on a field and said, if you do not repay me in three years from now, it will be mine, it is his; Boethos ben Zenon acted thus following the Sages.

MISHNAH: One does not hire a shop clerk for half the gain; one does not give him money to buy produce for half the gain unless one pays him wages as an unemployed worker. One does not give chickens to breed for half, nor does one hand over calves and foals for care for half the risk unless one pays for his work and food. But one takes in calves and foals for half and grows them until they are one-third grown, and a donkey until it becomes a beast of burden.

MISHNAH: One hands a cow or a donkey over for care as well as anything which works and eats. At a place where one usually divides the young immediately, one divides; at a place where one usually raises them, they should be raised. Rabban Simeon ben Gamliel says, one hands over a calf with its mother, a foal with its mother, and one invests in improving a field and does not worry about interest.

MISHNAH: One may not receive mortmain property from a Jew because that is interest. But one may receive mortmain property from Gentiles, one may borrow from them and lend them on interest, and similarly from a sojourner. A Jew can lend a Gentile’s money on interest by the Gentile’s instruction but not by a Jew’s.

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.

“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.

MISHNAH: A person may not say to another, lend me a kor of wheat and I shall return it to you from the threshing-floor, but he may tell him, lend me until my son comes or until I find the key, but Hillel forbids. Similarly, Hillel said that a woman may not lend a loaf to another unless she fixed its price, for possibly wheat may rise in price and they would be entangled in problems of interest.

MISHNAH: A man may say to another, weed with me and I shall be weeding with you, hoe with me and I shall be hoeing with you, but he shall not tell him, weed with me and I shall be hoeing with you, hoe with me and I shall be weeding with you. All the dry season is one, all the wet season is not; one may not say to him, plough with me in the dry season and I shall be ploughing with you in the wet season. Rabban Gamliel says, there exists predated and postdated interest. How is this? If one indended to borrow from him and sent him [a gift] saying, so you should lend me; that is predated interest. If one had borrowed and returned the money when he sent him [a gift] saying, that is for your money which was not earning for you while it was with me; that is postdated interest. Rebbi Simeon says, there exists verbal interest. One should not say to him, you should know that X came from place Y. The following transgress prohibitions: The creditor, and the debtor, and the guarantor, and the witnesses; the Sages say, also the scribe. They transgress “do not give,” and “do not take from him,” and “do not be a creditor,” and “do not burden him with interest,” and “before a blind man do not put an obstacle; and fear your God, I am the Eternal.”

MISHNAH: If somebody hired tradesmen and they tricked one another, they only have mutual complaints on one another. If somebody hired a donkey driver, or a teamster, carriage carriers, or flute players for a bride or a burial, workers to bring his flax from the soaking pond, or anything in danger of being lost, if they reneged at a place where nobody is available, he hires at their expense or tricks them.

MISHNAH: If somebody hired tradesmen and they backed out they are disadvantaged; if the householder backs out, he is disadvantaged. Anyone changing the terms of a contract is disadvantaged; anyone backing out of a contract is disadvantaged.

MISHNAH: Somebody who rented a donkey to lead it on the mountain but led it in the valley, in the valley but led it on the mountain, even if both ways were ten mil, if it died he has to pay. If he rented a donkey and it developed eye trouble or it was taken to government service, he tells him, here is your property before you. If it died or broke a limb, he has to provide him with another donkey. Somebody rented a donkey to lead it on the mountain but led it in the valley; if it slipped, he is not liable; if it suffered a heat stroke, he is liable. In the valley, but he led it on the mountain; if it slipped, he is liable; if it suffered a heat stroke, he is not liable but if it happened because of the ascent, he is liable. Somebody rented a cow to plough on the mountain but ploughed in the valley, if the plough’s peg broke, he is not liable. In the valley but he ploughed on the mountain, if the plough’s peg broke, he is liable. To thresh legumes but he threshed grain, he is not liable; to thresh grain but he threshed legumes, he is liable, for legumes make [the floor] slippery.

MISHNAH: Somebody who rented a donkey to use it to transport wheat but transported barley, grain but transported straw, is liable. How much did one add to the load that he became liable? Symmachos said in the name of Rebbi Meïr: one se’ah for a camel, three qab for a donkey.

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.

MISHNAH: One who transports an amphora from place to place and it breaks shall swear, whether unpaid or paid trustee. Rebbi Eliezer said, both shall swear, but I am wondering whether any of them be able to swear.

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.

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.

MISHNAH: If one was working on figs he may not eat grapes, on grapes he may not eat figs; but he may restrain himself until he reaches the place of the good ones and eat there. In all cases they only referred to the time of finishing work, but because of returning lost property to its owner they said that workers may eat when they go from row to row, and when they return from the wine press, and a donkey while offloading.

MISHNAH: A worker may eat zucchini even for a denar’s worth, or dates even for a denar’s worth. Rebbi Eleazar Ḥasma said, a worker may not eat more than his wages and the Sages permit it, but one instructs a man not to be voracious lest he close the door before him. A person may contract for himself, for his adult son or daughter, for his adult male and female slaves, for his wife, because they have understanding. But he may not contract for his underage son or daughter, nor for his underage male and female slaves, nor for his animal, because they have no understanding.

MISHNAH: If somebody hires workers to work with him in his fourth-year plantation, they may not eat. If he did not inform them, he has to redeem it and feed them. If his fig cakes were dislodged or his amphoras opened, they may not eat. If he did not inform them, he has to tithe and feed them.

MISHNAH: Watchmen of produce eat because of local practice but not from the Torah. There are four kinds of keepers: The unpaid trustee and the borrower, the paid keeper and the renter. The unpaid trustee swears about everything, the borrower pays for everything. The paid keeper and the renter swear about the broken, the kidnapped, and the dead but pay for the lost and the stolen.

HALAKHAH: “Watchmen of produce eat because of local practice,” etc. Rav Huna said, the Mishnah refers to watchmen of produce. But watchmen of vegetable gardens and orchards eat by Torah law. Samuel said, the Mishnah refers to watchmen of vegetable gardens and orchards. But watchmen of produce eat neither by Torah law nor by local practice. Rebbi Ḥiyya stated in support of Rav Huna: “The Cohen shall be impure until evening,” to include watchmen, that they make their garments impure.

HALAKHAH: “Watchmen of produce eat because of local practice,” etc. Rav Huna said, the Mishnah refers to watchmen of produce. But watchmen of vegetable gardens and orchards eat by Torah law. Samuel said, the Mishnah refers to watchmen of vegetable gardens and orchards. But watchmen of produce eat neither by Torah law nor by local practice. Rebbi Ḥiyya stated in support of Rav Huna: “The Cohen shall be impure until evening,” to include watchmen, that they make their garments impure.

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.

MISHNAH: If somebody borrowed a cow and asked its owner [to work with him], or borrowed a cow and paid its owner [to work with him], or asked or paid its owner [to work with him] and then borrowed the cow: if it died he is not liable since it was said: “if its owner was with it he does not pay.” But if he borrowed the cow and afterwards asked or paid its owner [to work with him] and it died he is liable since it was said: “if its owner was not with it, certainly he shall pay.”

MISHNAH: Somebody borrowed a cow; he borrowed it for half a day and leased it for half a day, or borrowed it for one day and leased it for the next, or borrowed for one and leased for one. The lessee says, the borrowed one died, or it died on the day it was borrowed, or it died during the time it was borrowed, and the other one says “I do not know”, he is liable. The lessor says, the leased one died, or it died on the day it was leased, or it died during the time it was leased, and the other one says “I do not know”, he is not liable. One says the borrowed and the other one says the leased; let the lessee swear that the leased one died. If both say “I do not know” they shall split.

MISHNAH: If somebody borrowed a cow and [the lender] sent it through his son, or his slave, or his agent, or through the borrower’s son, or slave, or agent, and it died, he is not liable. If the borrower said, send it to me through my son, or slave, or agent, or through your son, or slave, or agent, or if the lender said, I am going to send it to you through my son, or slave, or agent, or through your son, or slave, or agent, and the borrower said: send! If it died, he is liable. The same holds when he returns it.

MISHNAH: Somebody exchanged a cow for a donkey and it gave birth, or he sold his slave girl and she gave birth. If one said, [it happened] before I sold, the other said, after I bought, they shall split. If he had two slaves, one adult and one young, or two fields, one large and one small. The buyer says, I bought the large one, and the seller says, I do not know: he acquired the large one. The seller says, I sold the small and the other party says, I do not know: he has only the small one. If one says the large one and the other says the small, let the seller swear that he sold the small one. If both say, I do not know, they shall split.

MISHNAH: Somebody sold his olive trees for their wood. If they produced less than a quartarius [of oil] per se‘ah, it belongs to the owner of the olive trees. A quartarius [of oil] per se‘ah, one says, my olive trees grew [the olives], the other says, my land grew them: they shall split evenly. If a river flooded his olive trees and carried them to another’s field; one says, my olive trees grew them, the other says, my land grew them: they shall split evenly.

MISHNAH: He who rents a dwelling to another person cannot remove him from there during the rainy season, from Tabernacles to Passover, but in the dry season on thirty days’ notice. But in walled cities, whether in the dry or the rainy season, on twelve months’ notice. For a store, whether in a walled city or in a village, twelve months. Rabban Simeon ben Gamliel said, a baker’s or dyer’s store, three years.

MISHNAH: He who leases a dwelling to another person: the lessee must provide the door, the key-bolt and the door handle and everything that requires expert installation. But anything that does not require experts, the lessor does it. Manure belongs to the lessee; the lessor only has what comes from the oven and the cooking stove.

MISHNAH: He who leases a dwelling to another person by the year, if the year was intercalated, it was intercalated for the lessor. If he leased by the month, if the year was intercalated it was intercalated for the lessee. It happened in Sepphoris that a person leased a bathhouse from another for twelve gold denars per year, one gold denar per month. The case came before Rabban Simeon ben Gamliel and Rebbi Yose who said, they should split the intercalated month.

HALAKHAH: “He who leases a dwelling to another person,” etc. Why? If he came to claim at the end of the month, can he collect everything? And if he came to him at the beginning of the month, he can tell him, get out. Samuel says, the Mishnah is so: If he came to claim in the middle of the month. Rav said, a rule to collect. Rebbi La said, this clearly does not follow the rule of Ben Nannas who said, the later language supersedes the earlier one.

MISHNAH: He who leases a dwelling to another person and it collapsed has to provide him with a dwelling. If it was small he may not make it large, large he may not make it small. One room he shall not make into two, two he may not make into one. He may not reduce the number of windows nor add to them except with the agreement of both parties.

MISHNAH: One who contracts with another for a field, at a place where one usually cuts, he has to cut, to uproot, he has to uproot, to plough after harvest, he has to plough, everything according to local usage. Just as they divide the grain, so they divide straw and chaff. Just as they divide the wine, so they divide the vine tendrils and the props; they both provide the props together.