movables

From where that non-guaranteed property may be acquired with guaranteed property, by money, document, or possession? Rebbi Yose in the name of Ḥizqiah; Rebbi Jonah, Rebbi Ḥanina Tortaya in the name of Ḥizqiah, it is written (2Chr. 21:3): “Their father gave them many gifts, silver and gold and delicacies, with fortified cities in Jehudah.” So far real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Madon was in Jerusalem, rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages and they upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place, but here the real estate even was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

From where that non-guaranteed property may be acquired with guaranteed property, by money, document, or possession? Rebbi Yose in the name of Ḥizqiah; Rebbi Jonah, Rebbi Ḥanina Tortaya in the name of Ḥizqiah, it is written (2Chr. 21:3): “Their father gave them many gifts, silver and gold and delicacies, with fortified cities in Jehudah.” So far real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Madon was in Jerusalem, rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages and they upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place, but here the real estate even was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

From where that non-guaranteed property may be acquired with guaranteed property, by money, document, or possession? Rebbi Yose in the name of Ḥizqiah; Rebbi Jonah, Rebbi Ḥanina Tortaya in the name of Ḥizqiah, it is written (2Chr. 21:3): “Their father gave them many gifts, silver and gold and delicacies, with fortified cities in Jehudah.” So far real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Madon was in Jerusalem, rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages and they upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place, but here the real estate even was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

From where that non-guaranteed property may be acquired with guaranteed property, by money, document, or possession? Rebbi Yose in the name of Ḥizqiah; Rebbi Jonah, Rebbi Ḥanina Tortaya in the name of Ḥizqiah, it is written (2Chr. 21:3): “Their father gave them many gifts, silver and gold and delicacies, with fortified cities in Jehudah.” So far real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Madon was in Jerusalem, rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages and they upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place, but here the real estate even was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

From where that non-guaranteed property may be acquired with guaranteed property, by money, document, or possession? Rebbi Yose in the name of Ḥizqiah; Rebbi Jonah, Rebbi Ḥanina Tortaya in the name of Ḥizqiah, it is written (2Chr. 21:3): “Their father gave them many gifts, silver and gold and delicacies, with fortified cities in Jehudah.” So far real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Madon was in Jerusalem, rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages and they upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place, but here the real estate even was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

Rebbi Avina in the name of Rebbi Jeremiah: If he reserved movables, he did not do anything. Come and look: If he reserved any real estate, he has something to live on; if he reserved gems and pearls, does he have nothing to live on? Rebbi Yose said, this man knows that the gift of a bedridden person transfers property rights even verbally. Why did he write it with an obligation of acquisition, in order to give it the status of a gift by a healthy person.

HALAKHAH: Rebbi Yasa (Assi) in the name of Rebbi Eleazar: If he reserved some movables, he did not do anything. I say that he reserved the slave’s person.

Rebbi Eleazar asked, does he not acquire movables? Not on the last statement this was asked, but on the following: Rebbi Ḥizqiah, Rebbi Jeremiah, in the name of Rebbi Joḥanan: According to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes, on this Rebbi Eleazar asked, does he not acquire movables? Rebbi Ḥanina in the name of Rebbi Phineas, also on the preceding one, on that of Rebbi Yose he asked: Rebbi Yose in the name of Rebbi Joḥanan: According to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes, on this Rebbi Eleazar asked, does he not acquire movables?

Rebbi Eleazar asked, does he not acquire movables? Not on the last statement this was asked, but on the following: Rebbi Ḥizqiah, Rebbi Jeremiah, in the name of Rebbi Joḥanan: According to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes, on this Rebbi Eleazar asked, does he not acquire movables? Rebbi Ḥanina in the name of Rebbi Phineas, also on the preceding one, on that of Rebbi Yose he asked: Rebbi Yose in the name of Rebbi Joḥanan: According to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes, on this Rebbi Eleazar asked, does he not acquire movables?

Rebbi Eleazar asked, does he not acquire movables? Not on the last statement this was asked, but on the following: Rebbi Ḥizqiah, Rebbi Jeremiah, in the name of Rebbi Joḥanan: According to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes, on this Rebbi Eleazar asked, does he not acquire movables? Rebbi Ḥanina in the name of Rebbi Phineas, also on the preceding one, on that of Rebbi Yose he asked: Rebbi Yose in the name of Rebbi Joḥanan: According to him who says that a Gentile may not acquire real estate in the Land of Israel to free it from tithes. But according to him who says that a Gentile may acquire real estate in the Land of Israel to free it from tithes, on this Rebbi Eleazar asked, does he not acquire movables?

MISHNAH: If somebody repays a debt in the Sabbatical, the Sages are pleased with him. If somebody borrows from a convert whose sons converted with him, he does not have to repay the sons but if he repaid, the Sages are pleased with him. Movables are acquired only by being drawn close, but the Sages are pleased with everybody who keeps his word.

Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan: If somebody wanted to change his mind after he had promised a gift to another person, he may change his mind. Rebbi Yose was with Rebbi Jacob bar Zavdi; he said to him: Is that just no (Lev. 19:36) “and just yes?” He said, when he said it, it was a just yes. Rav disagrees since Rav said, when I tell my family to give a gift to somebody, I never change my mind. A baraita disagrees with Rav: “ Where did they say that movables are acquired by being drawn close? In the public domain or in a courtyard which is not their joint property. In the domain of the buyer, when the deal was accepted; in the domain of the seller one never acquires until either he lift it up or he draw and remove everything from the prior owner’s property. In the domain of a depositary he cannot acquire unless he gave permission or rented their place out to him.” What does Rav do with this? One is if he was standing with him, the other if he was not standing with him. Rav disagrees since Rav said, when I tell my family to give a gift to somebody, I never change my mind. You should know because somebody had given surety on salt; it rose in price. He came before Rav who said, either he should give corresponding to the surety or he should be given up to “Him who made pay”. The arguments of Rav are contradictory. There he says, when I tell my family to give a gift to somebody, I never change my mind and here he says so? There it is for a legal rule; what Rav did himself was a measure of piety.

(Num. 18:28) “you” excludes partners, “you” excludes guardians, “you” excludes one who gives heave from what is not his. Did we not state (Terumot 3:3): “Partners who gave heave one after the other?” But one must be for Great Heave, the other for heave of the tithe. Did we not infer the laws of the Great Heave from heave of the tithe? But one is for practice, the other for action. “You’ excludes guardians; but did we not state: “Orphans dependent on a home owner, or for whom the father had appointed a guardian, must tithe their produce.” The colleagues say, here for a permanent guardian, there for a temporary guardian. Rebbi Yose asked, does that apply to: “he may sell movables to feed them but not real estate?” But here one deals with an adult orphan, there with an underage orphan.

How do we hold? If she is an adult, she acquired [her freedom] by the signs [of puberty]; if she is a minor, may a minor acquire? Rebbi Yudan bar Shalom said before Rebbi Yose, explain it following him who said, a minor may give heave. He said to him, even following him who said, a minor may give heave, may a minor acquire? Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not total robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “To his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Samuel ben Rav Isaac explained it by the method of small children. As we have stated there: “For school children, their buying is buying and their selling selling, for movables.” But did we not state: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

If this is the case, also movables? As we have stated: What is the difference between real estate and movables? Only that real estate is given to the people of the watch but movables to any Cohen. Rebbi Yose ben Rebbi Abun, Rebbi Ḥiyya in the name of Rav Sheshet: (Deut. 18:1) “The gifts to the Eternal and His inheritance they shall eat.” Since the gifts are for the people of the watch, so is the inheritance.

If this is the case, also movables? As we have stated: What is the difference between real estate and movables? Only that real estate is given to the people of the watch but movables to any Cohen. Rebbi Yose ben Rebbi Abun, Rebbi Ḥiyya in the name of Rav Sheshet: (Deut. 18:1) “The gifts to the Eternal and His inheritance they shall eat.” Since the gifts are for the people of the watch, so is the inheritance.

If this is the case, also movables? As we have stated: What is the difference between real estate and movables? Only that real estate is given to the people of the watch but movables to any Cohen. Rebbi Yose ben Rebbi Abun, Rebbi Ḥiyya in the name of Rav Sheshet: (Deut. 18:1) “The gifts to the Eternal and His inheritance they shall eat.” Since the gifts are for the people of the watch, so is the inheritance.

The rabbis of Caesarea said, of those which they decided there were seven of those where they had a majority. The others are the following: A person being on the road when it gets dark gives his wallet to a Non-Jew. Similarly, the male sufferer from gonorrhea should not eat with a female sufferer from flux because of inducement to sin. All movables transmit impurity by the thickness of the yoke. How one harvests grapes on a broken field. One who puts vessels under the pipe. For six doubts one burns heave. Rebbi Yose ben Rebbi Abun said, also the growth of heave. The following they decided: the first ten and the remainder from what Rebbi Simeon ben Yoḥai stated: On that day they decided about their bread, and their cheeses, and their wine, and their vinegar, and their fish brine, and their muries, and their preserves, and their parboiled food, and their corned food, and on split grain, and on ground food, and on peeled barley, on their speech, and on their testimony, and on their gifts, on their sons, and on their daughters, and on their firstlings.

Where do we hold? If she is an adult, she becomes free by the signs [of puberty]. If she is underage, may an underage person transfer rights? Rebbi Yudan bar Shalom said before Rebbi Yose: Explain it following him who said that a minor may give heave. He answered him, but even according to him who says that a minor cannot give heave, the minor can acquire rights. This is acceptable following the opinion of the rabbis there. There, they are saying in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what one finds in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what one robs from him is robbery because of the ways of peace; a nut or a pebble and he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift, since it is written, if a man give, a man’s gift is a gift, the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan, Rebbi Jacob [bar Aḥa] in the name of Rebbi Joḥanan: Robbing from him is never clear robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan: That which you say is to make one pay by a law suit; but to have to bring a sacrifice for a [false] oath everybody agrees only after he grew two pubic hairs. But following to the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written to his neighbor, only if he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac: They came to it by the rules of school children as we have stated: “School children’s buying is buying and their selling is selling, for movables.” But did we not state: “But he cannot transfer rights through his minor son or daughter or his Canaanite male or female slave because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

“In matters of real estate nine and a Cohen.” Corresponding to the ten times “Cohen” is mentioned in the paragraph. Then should they not all be Cohanim? An inclusion after an inclusion is an exclusion. Then could they all be Israel? The paragraph has no result without a Cohen. That is, if one dedicated the body of a field. But if he said, I am vowing the value of my field for the Temple, let us hear from the following: “Appraisal of movables by three {appraisers}.” Do there exist appraisals not of movables? Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Ḥanina: If somebody says, I am vowing my appraisal, and comes to settle his debt by real estate, one appraises it by ten {persons}, by movables by three. Is one who says, I am vowing my appraisal not like one who says, I am vowing my field’s value? But if he said, I am vowing a hundred mina for the Temple, one appraises him by three. Should he become rich, he will be judged by what he can afford.

“In matters of real estate nine and a Cohen.” Corresponding to the ten times “Cohen” is mentioned in the paragraph. Then should they not all be Cohanim? An inclusion after an inclusion is an exclusion. Then could they all be Israel? The paragraph has no result without a Cohen. That is, if one dedicated the body of a field. But if he said, I am vowing the value of my field for the Temple, let us hear from the following: “Appraisal of movables by three {appraisers}.” Do there exist appraisals not of movables? Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Ḥanina: If somebody says, I am vowing my appraisal, and comes to settle his debt by real estate, one appraises it by ten {persons}, by movables by three. Is one who says, I am vowing my appraisal not like one who says, I am vowing my field’s value? But if he said, I am vowing a hundred mina for the Temple, one appraises him by three. Should he become rich, he will be judged by what he can afford.

“In matters of real estate nine and a Cohen.” Corresponding to the ten times “Cohen” is mentioned in the paragraph. Then should they not all be Cohanim? An inclusion after an inclusion is an exclusion. Then could they all be Israel? The paragraph has no result without a Cohen. That is, if one dedicated the body of a field. But if he said, I am vowing the value of my field for the Temple, let us hear from the following: “Appraisal of movables by three {appraisers}.” Do there exist appraisals not of movables? Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Ḥanina: If somebody says, I am vowing my appraisal, and comes to settle his debt by real estate, one appraises it by ten {persons}, by movables by three. Is one who says, I am vowing my appraisal not like one who says, I am vowing my field’s value? But if he said, I am vowing a hundred mina for the Temple, one appraises him by three. Should he become rich, he will be judged by what he can afford.

It was stated: One does not make public tender for slaves, and girl slaves, and movables. What is public tender? Rebbi Jehudah ben Pazi said, announcement. Ulla bar Ismael said, slaves lest they flee, securities and movables lest they be stolen. Rebbi Abba bar Cohen asked before Rebbi Yose: Does this not imply that a slave be redeemed in front of three people? He answered him, yes. But did we not state: “Real estate nine and a Cohen. The same holds for humans”? He answered him, but the human here is a free person. Ḥanania bar Šelemiah in the name of Rav: A case came before Rebbi who wanted to act following the rabbis. Rebbi Eleazar ben Proteus, the grandson of Rebbi Eleazar ben Proteus, said to him: Rebbi, did you not teach us in your grandfather’s name, “except if he offered public tender”? He answered, yes, changed his mind, and acted following Rabban Simeon ben Gamliel.

It was stated: One does not make public tender for slaves, and girl slaves, and movables. What is public tender? Rebbi Jehudah ben Pazi said, announcement. Ulla bar Ismael said, slaves lest they flee, securities and movables lest they be stolen. Rebbi Abba bar Cohen asked before Rebbi Yose: Does this not imply that a slave be redeemed in front of three people? He answered him, yes. But did we not state: “Real estate nine and a Cohen. The same holds for humans”? He answered him, but the human here is a free person. Ḥanania bar Šelemiah in the name of Rav: A case came before Rebbi who wanted to act following the rabbis. Rebbi Eleazar ben Proteus, the grandson of Rebbi Eleazar ben Proteus, said to him: Rebbi, did you not teach us in your grandfather’s name, “except if he offered public tender”? He answered, yes, changed his mind, and acted following Rabban Simeon ben Gamliel.

If he separated his festival offering and died, do the heirs have to bring it? Rebbi Ila said, shall be seen, has to be seen. He who can come brings, he who cannot come does not bring. Rebbi Ze`ira said, following Rebbi Joḥanan and Rebbi Jonathan who both said, you have to redeem any first born of your sons, even after death, and here, they shall not appear before My Presence empty-handed, even after death. Rebbi Abba bar Mamal said, there is a disagreement between Samuel and Rebbi Joḥanan, regarding what we have stated there, “A woman who brought her purification sacrifice and died, the heirs have to bring her elevation sacrifice. Her elevation sacrifice and she died, the heirs shall not bring her purification sacrifice.” Samuel said, if it was separated. Rebbi Joḥanan said, even if it was not separated. Where do we hold? If they inherited real estate, does Samuel say if it was separated? If they inherited movables, does Rebbi Joḥanan say, even if it was not separated? What is the difference between them? If they inherited real estate, in Samuel’s opinion one does neither claim it nor taking pledges for it; in Rebbi Joḥanan’s opinion one even takes pledges. If they inherited movables, in Rebbi Joḥanan’s opinion one claims it (and is) [but is not] taking pledges for it. In Samuel’s opinion one does not claim it.

If he separated his festival offering and died, do the heirs have to bring it? Rebbi Ila said, shall be seen, has to be seen. He who can come brings, he who cannot come does not bring. Rebbi Ze`ira said, following Rebbi Joḥanan and Rebbi Jonathan who both said, you have to redeem any first born of your sons, even after death, and here, they shall not appear before My Presence empty-handed, even after death. Rebbi Abba bar Mamal said, there is a disagreement between Samuel and Rebbi Joḥanan, regarding what we have stated there, “A woman who brought her purification sacrifice and died, the heirs have to bring her elevation sacrifice. Her elevation sacrifice and she died, the heirs shall not bring her purification sacrifice.” Samuel said, if it was separated. Rebbi Joḥanan said, even if it was not separated. Where do we hold? If they inherited real estate, does Samuel say if it was separated? If they inherited movables, does Rebbi Joḥanan say, even if it was not separated? What is the difference between them? If they inherited real estate, in Samuel’s opinion one does neither claim it nor taking pledges for it; in Rebbi Joḥanan’s opinion one even takes pledges. If they inherited movables, in Rebbi Joḥanan’s opinion one claims it (and is) [but is not] taking pledges for it. In Samuel’s opinion one does not claim it.

Samuel said, one can transfer benefits to fetuses; Rebbi Eleazar said, one cannot transfer benefits to fetuses. Rebbi Yose said, even though Samuel said, one can transfer benefits to fetuses, he agrees that most of [the fetus’s] head and body must come out alive. That is the Mishnah, “if somebody performed ḥalîṣah with his sister-in-law but she turns out to have been pregnant,” as you say here, retroactively ḥalîṣah did not touch her, so retroactively the child is a son and receives the benefit. There, we have stated: “If somebody says, if my wife gives birth to a male, he shall take a mina, if she gave birth to a male, [the male baby] will take a mina. If a female, 200 [drachmae], if she gave birth to a female, that one will take 200.” Rebbi Eleazar said, this is only for his son, but not for any other. Rebbi Yasa said, even any other. In the opinion of Rebbi Eleazar, only from a sick person, but not a healthy one; only movables but not real estate. A baraita disagrees with Rebbi Eleazar. “ If a proselyte died and Jews plundered his estate, then it became known that he had a son overseas or that [his wife] was pregnant, everybody is required to return [what he took].” What does Rebbi Eleazar do with this? There is a difference because it is his child. The second part [of the Mishnah] disagrees with Samuel in the interpretation of Rebbi Yose: “If they returned everything and then the son died or she had a miscarriage, anybody who takes first after that acquires it.” The first group did not acquire. Even at the beginning they should not have acquired! Did not Rebbi Yose say, even though Samuel said, one can transfer benefits to fetuses, he agrees that most of [the fetus’s] head and body must come out alive. He was not living! Rebbi Isaac bar Eleazar said, because of abandoning. The rabbis of Caesarea, R. Ḥiyya bar Abba, Rebbi Abba bar Natan: Rebbi Natan changed his mind because of that Mishnah: “If a male, a mina, if a female, 200.” Is a female in this situation not like an outsider? Bar Qappara stated: “On transfers benefit to a one day old.”

Rav Huna insists on interpreting the contract text. Rav Huna explained: “The sons shall inherit but the daughters must be fed.” Since the sons inherit movables, the daughters also are fed from movables. Samuel said, the daughters are not fed from movables. A Mishnah supports Samuel: “The female children you shall have from me shall dwell in my house and be supported from my property.” It was stated on this: From real estate but not from movables. Rebbi Abba bar Zavda said: Rav Huna follows Rebbi and Samuel follows Rebbi Simeon ben Eleazar, as it was stated: “One uses both guaranteed property and non-guaranteed property for the support of the wife and the daughters, the words of Rebbi. Rebbi Simeon ben Eleazar says, guaranteed property may be taken by sons from sons, by daughters from daughters, by sons from daughters, and by daughters from sons. But non-guaranteed property may be taken by sons from daughters but not by daughters from sons.” They said, Rav Huna reversed himself. They said, that was well done, ketubah is a biblical commandment but support of the daughters is from their words. May their words uproot a biblical commandment? It must be that they differ about the money contained in their mother’s ketubah. But is the money contained in their mother’s ketubah not also real estate?

Rav Huna insists on interpreting the contract text. Rav Huna explained: “The sons shall inherit but the daughters must be fed.” Since the sons inherit movables, the daughters also are fed from movables. Samuel said, the daughters are not fed from movables. A Mishnah supports Samuel: “The female children you shall have from me shall dwell in my house and be supported from my property.” It was stated on this: From real estate but not from movables. Rebbi Abba bar Zavda said: Rav Huna follows Rebbi and Samuel follows Rebbi Simeon ben Eleazar, as it was stated: “One uses both guaranteed property and non-guaranteed property for the support of the wife and the daughters, the words of Rebbi. Rebbi Simeon ben Eleazar says, guaranteed property may be taken by sons from sons, by daughters from daughters, by sons from daughters, and by daughters from sons. But non-guaranteed property may be taken by sons from daughters but not by daughters from sons.” They said, Rav Huna reversed himself. They said, that was well done, ketubah is a biblical commandment but support of the daughters is from their words. May their words uproot a biblical commandment? It must be that they differ about the money contained in their mother’s ketubah. But is the money contained in their mother’s ketubah not also real estate?

Rav Huna insists on interpreting the contract text. Rav Huna explained: “The sons shall inherit but the daughters must be fed.” Since the sons inherit movables, the daughters also are fed from movables. Samuel said, the daughters are not fed from movables. A Mishnah supports Samuel: “The female children you shall have from me shall dwell in my house and be supported from my property.” It was stated on this: From real estate but not from movables. Rebbi Abba bar Zavda said: Rav Huna follows Rebbi and Samuel follows Rebbi Simeon ben Eleazar, as it was stated: “One uses both guaranteed property and non-guaranteed property for the support of the wife and the daughters, the words of Rebbi. Rebbi Simeon ben Eleazar says, guaranteed property may be taken by sons from sons, by daughters from daughters, by sons from daughters, and by daughters from sons. But non-guaranteed property may be taken by sons from daughters but not by daughters from sons.” They said, Rav Huna reversed himself. They said, that was well done, ketubah is a biblical commandment but support of the daughters is from their words. May their words uproot a biblical commandment? It must be that they differ about the money contained in their mother’s ketubah. But is the money contained in their mother’s ketubah not also real estate?

Rav Huna insists on interpreting the contract text. Rav Huna explained: “The sons shall inherit but the daughters must be fed.” Since the sons inherit movables, the daughters also are fed from movables. Samuel said, the daughters are not fed from movables. A Mishnah supports Samuel: “The female children you shall have from me shall dwell in my house and be supported from my property.” It was stated on this: From real estate but not from movables. Rebbi Abba bar Zavda said: Rav Huna follows Rebbi and Samuel follows Rebbi Simeon ben Eleazar, as it was stated: “One uses both guaranteed property and non-guaranteed property for the support of the wife and the daughters, the words of Rebbi. Rebbi Simeon ben Eleazar says, guaranteed property may be taken by sons from sons, by daughters from daughters, by sons from daughters, and by daughters from sons. But non-guaranteed property may be taken by sons from daughters but not by daughters from sons.” They said, Rav Huna reversed himself. They said, that was well done, ketubah is a biblical commandment but support of the daughters is from their words. May their words uproot a biblical commandment? It must be that they differ about the money contained in their mother’s ketubah. But is the money contained in their mother’s ketubah not also real estate?

“If somebody who works his wife’s property has the intention of divorcing her and goes and takes from the ground, he is quick and is rewarded. If somebody who works the property of prisoners heard that they prepare to return, goes and takes from the ground, he is quick and is rewarded. These are properties of prisoners: In any case where his father, brother, or any person from whom he might inherit, went overseas, he heard that they died, and he went to work the inheritance. But property of abandoning persons one takes out of their hands. These are properties of abandoning persons: In any case where his father, brother, or any person from whom he might inherit, went overseas, he did not hear that they died, but he went to work the inheritance. Rabban Simeon ben Gamliel said, I heard that there is no difference between prisoners and abandoning persons. But property of broken persons one takes out of their hands. These are properties of smashed persons: In any case where his father, brother, or any person from whom he might inherit, went overseas, and his whereabouts are not known.” Samuel says, the prisoner is one who left involuntarily. If he had left voluntarily he would have given him instructions. The abandoning person is one who left voluntarily. You should know that he had the intention of keeping [the relative] off his property since he left voluntarily and did not give him instructions. Rebbi Aḥa, Rebbi Abba, Rav Jehudah in the name of Samuel: Movables do not fall under the rules of smashed people. RebbiJacob bar Aḥa in the name of Rav Jehudah: Standing grain ready to be harvested and grapes ready to be harvested are movables. Rav Sheshet asked: Those date palms of Babylonia which do not need grafting, is it not reasonable that we should treat them like standing grain ready to be harvested and grapes ready to be harvested?

“If somebody who works his wife’s property has the intention of divorcing her and goes and takes from the ground, he is quick and is rewarded. If somebody who works the property of prisoners heard that they prepare to return, goes and takes from the ground, he is quick and is rewarded. These are properties of prisoners: In any case where his father, brother, or any person from whom he might inherit, went overseas, he heard that they died, and he went to work the inheritance. But property of abandoning persons one takes out of their hands. These are properties of abandoning persons: In any case where his father, brother, or any person from whom he might inherit, went overseas, he did not hear that they died, but he went to work the inheritance. Rabban Simeon ben Gamliel said, I heard that there is no difference between prisoners and abandoning persons. But property of broken persons one takes out of their hands. These are properties of smashed persons: In any case where his father, brother, or any person from whom he might inherit, went overseas, and his whereabouts are not known.” Samuel says, the prisoner is one who left involuntarily. If he had left voluntarily he would have given him instructions. The abandoning person is one who left voluntarily. You should know that he had the intention of keeping [the relative] off his property since he left voluntarily and did not give him instructions. Rebbi Aḥa, Rebbi Abba, Rav Jehudah in the name of Samuel: Movables do not fall under the rules of smashed people. RebbiJacob bar Aḥa in the name of Rav Jehudah: Standing grain ready to be harvested and grapes ready to be harvested are movables. Rav Sheshet asked: Those date palms of Babylonia which do not need grafting, is it not reasonable that we should treat them like standing grain ready to be harvested and grapes ready to be harvested?

Rav Huna insists on interpreting the contract text. Rav Huna explained: “The sons shall inherit but the daughters must be fed.” Since the sons inherit movables, the daughters also are fed from movables. Samuel said, the daughters are not fed from movables. A Mishnah supports Samuel: “The female children you shall have from me shall dwell in my house and be supported from my property.” It was stated on this: From real estate but not from movables. Rebbi Abba bar Zavda said: Rav Huna follows Rebbi and Samuel follows Rebbi Simeon ben Eleazar, as it was stated: “One uses both guaranteed property and non-guaranteed property for the support of the wife and the daughters, the words of Rebbi. Rebbi Simeon ben Eleazar says, guaranteed property may be taken by sons from sons, by daughters from daughters, by sons from daughters, and by daughters from sons. But non-guaranteed property may be taken by sons from daughters but not by daughters from sons.” They said, Rav Huna reversed himself. They said, that was well done, ketubah is a biblical commandment but support of the daughters is from their words. May their words uproot a biblical commandment? It must be that they differ about the money contained in their mother’s ketubah. [Even if you say, they differ about the money contained in their mother’s ketubah.] But is the money stipulated in their mother’s ketubah not also real estate?

Rav Huna insists on interpreting the contract text. Rav Huna explained: “The sons shall inherit but the daughters must be fed.” Since the sons inherit movables, the daughters also are fed from movables. Samuel said, the daughters are not fed from movables. A Mishnah supports Samuel: “The female children you shall have from me shall dwell in my house and be supported from my property.” It was stated on this: From real estate but not from movables. Rebbi Abba bar Zavda said: Rav Huna follows Rebbi and Samuel follows Rebbi Simeon ben Eleazar, as it was stated: “One uses both guaranteed property and non-guaranteed property for the support of the wife and the daughters, the words of Rebbi. Rebbi Simeon ben Eleazar says, guaranteed property may be taken by sons from sons, by daughters from daughters, by sons from daughters, and by daughters from sons. But non-guaranteed property may be taken by sons from daughters but not by daughters from sons.” They said, Rav Huna reversed himself. They said, that was well done, ketubah is a biblical commandment but support of the daughters is from their words. May their words uproot a biblical commandment? It must be that they differ about the money contained in their mother’s ketubah. [Even if you say, they differ about the money contained in their mother’s ketubah.] But is the money stipulated in their mother’s ketubah not also real estate?

Rav Huna insists on interpreting the contract text. Rav Huna explained: “The sons shall inherit but the daughters must be fed.” Since the sons inherit movables, the daughters also are fed from movables. Samuel said, the daughters are not fed from movables. A Mishnah supports Samuel: “The female children you shall have from me shall dwell in my house and be supported from my property.” It was stated on this: From real estate but not from movables. Rebbi Abba bar Zavda said: Rav Huna follows Rebbi and Samuel follows Rebbi Simeon ben Eleazar, as it was stated: “One uses both guaranteed property and non-guaranteed property for the support of the wife and the daughters, the words of Rebbi. Rebbi Simeon ben Eleazar says, guaranteed property may be taken by sons from sons, by daughters from daughters, by sons from daughters, and by daughters from sons. But non-guaranteed property may be taken by sons from daughters but not by daughters from sons.” They said, Rav Huna reversed himself. They said, that was well done, ketubah is a biblical commandment but support of the daughters is from their words. May their words uproot a biblical commandment? It must be that they differ about the money contained in their mother’s ketubah. [Even if you say, they differ about the money contained in their mother’s ketubah.] But is the money stipulated in their mother’s ketubah not also real estate?

Rav Huna insists on interpreting the contract text. Rav Huna explained: “The sons shall inherit but the daughters must be fed.” Since the sons inherit movables, the daughters also are fed from movables. Samuel said, the daughters are not fed from movables. A Mishnah supports Samuel: “The female children you shall have from me shall dwell in my house and be supported from my property.” It was stated on this: From real estate but not from movables. Rebbi Abba bar Zavda said: Rav Huna follows Rebbi and Samuel follows Rebbi Simeon ben Eleazar, as it was stated: “One uses both guaranteed property and non-guaranteed property for the support of the wife and the daughters, the words of Rebbi. Rebbi Simeon ben Eleazar says, guaranteed property may be taken by sons from sons, by daughters from daughters, by sons from daughters, and by daughters from sons. But non-guaranteed property may be taken by sons from daughters but not by daughters from sons.” They said, Rav Huna reversed himself. They said, that was well done, ketubah is a biblical commandment but support of the daughters is from their words. May their words uproot a biblical commandment? It must be that they differ about the money contained in their mother’s ketubah. [Even if you say, they differ about the money contained in their mother’s ketubah.] But is the money stipulated in their mother’s ketubah not also real estate?

“If somebody who works his wife’s property has the intention of divorcing her and goes and takes from the ground, he is quick and is rewarded. If somebody who works the property of prisoners heard that they prepare to return, goes and takes from the ground, he is quick and is rewarded. These are properties of prisoners: In any case where his father, brother, or any person from whom he might inherit, went overseas; it was heard that they died, and he went to work the inheritance. But property of abandoning persons one takes out of their hands. These are properties of abandoning persons: In any case where his father or any person from whom he might inherit went overseas, he did not hear that they died, but he went to work the inheritance. Rabban Simeon ben Gamliel said, I heard that there is no difference between prisoners and abandoning persons. But property of broken persons one takes out of their hands. These are properties of broken persons: In any case where his father, brother, or any person from whom he might inherit, went overseas, and his whereabouts are not known. Samuel says, the prisoner is one who left involuntarily. If he had left voluntarily he would have given him instructions. The abandoning person is one who left voluntarily. You should know that he had the intention of keeping [the relative] off his property since he left voluntarily and did not give him instructions. Rebbi Abba, Rav Jehudah in the name of Samuel: Movables do not fall under the rules of broken people. Rebbi Jacob bar Aḥa in the name of Rav: Those date palms of Babylonia which do not need grafting, is it not reasonable that we should treat them like standing grain ready to be harvested and grapes ready to be harvested?

It was stated: Just as the husband decides, so the father decides; only that the husband transfers rights in writing but the father only by speech, restricted to those things that can be acquired by speech. What is that? Gidul in the name of Rav: How much are you giving to your son? Such and such. And how much are you giving to your daughter? Such and such. When he preliminarily married her, the daughter acquired among the daughters. Rebbi Ḥiyya bar Joseph said, Gidul found something large and said something small! But it is as follows: How much are you giving to your son? Such and such. How much are you giving to your daughter? Such and such. When he preliminarily married her, the daughter acquired among the daughters and the son among the sons. Rebbi Ze‘ira said, is that something small? Does he not acquire a wife on top of movables with one peruṭa’s worth? But nobody can acquire two wives with one peruṭa’s worth! But cannot a person acquire real estate and several movables with one peruṭa’s worth? For a person can acquire two pieces of real estate with one peruṭa’s worth, but nobody can acquire two wives with one peruṭa’s worth.

It was stated: Just as the husband decides, so the father decides; only that the husband transfers rights in writing but the father only by speech, restricted to those things that can be acquired by speech. What is that? Gidul in the name of Rav: How much are you giving to your son? Such and such. And how much are you giving to your daughter? Such and such. When he preliminarily married her, the daughter acquired among the daughters. Rebbi Ḥiyya bar Joseph said, Gidul found something large and said something small! But it is as follows: How much are you giving to your son? Such and such. How much are you giving to your daughter? Such and such. When he preliminarily married her, the daughter acquired among the daughters and the son among the sons. Rebbi Ze‘ira said, is that something small? Does he not acquire a wife on top of movables with one peruṭa’s worth? But nobody can acquire two wives with one peruṭa’s worth! But cannot a person acquire real estate and several movables with one peruṭa’s worth? For a person can acquire two pieces of real estate with one peruṭa’s worth, but nobody can acquire two wives with one peruṭa’s worth.

Rebbi Abba bar Ḥiyya in the name of Rebbi Joḥanan: “How much are you giving to your son? Such and such. How much are you giving to your daughter? Such and such. When he preliminarily married her, the daughter acquired among the daughters and the son among the sons,” but only if it is a first marriage. This follows what Rebbi Ḥanania said: If somebody definitively married off his son in a house, the latter acquired the house, but only if it is a first marriage. Rebbi Hoshaia said, she acquired movables but did not acquire the house. Do they disagree? Rebbi Jeremiah in the name of Rebbi Abbahu: Explain it that his father used it for storage. Rebbi Ḥizqiah in the name of Rebbi Joshua ben Levi: It is needed in case what was stored was borrowed from the market. Rebbi Abbahu said, if he said it is loaned, he did not acquire it. There came a case before Rebbi Jacob ben Rebbi Abun and he instructed following Rebbi Abbahu. Rebbi Ze‘ira said, essentialy this has no basis but the rabbis build and add to it!

HALAKHAH: “Rebbi Simeon differentiates between properties,” etc. Rebbi Joḥanan said, properties known to the husband are real estate, those not known to the husband are movables. Rebbi Yose ben Ḥanina said, properties known to the husband are those she inherited in the presence of the husband, those not known to the husband are those she inherited while her husband was overseas. A baraita supports Rebbi Yose ben Ḥanina: The following are properties not known to the husband, what she inherited while her husband was overseas.

Rebbi Hillel bar Pazi asked before Rebbi Yose: If he sold and then she died? He said to him, his sale is invalid; it is as if a son sold during his father’s lifetime and then the father died. If she sold and then he died? He said to him, her sale is valid; it is as if a father sold during his son’s lifetime and then the son died. Rebbi Ḥiyya bar Marius asked before Rebbi Jonah: What is the situation if she sold to her husband? He said, since Ḥizqiah said, practice follows Rebbi Judah, this implies that her sale is a sale. It was stated: “If somebody says, my property should be given to X, if X died to Y, [if Y died to Z]. If the first one died the properties should be given to the second, if the second died they should be given to the third. If the second one died during the first’s lifetime; since the second never acquired them, the third cannot acquire them.” He said to him, so did Rebbi Hoshaia, the father of the Mishnah, explain: After him to X, after him to Y; it is as if stated: if the third died during the second’s lifetime, since the second one did not acquire his heirs cannot acquire, one really could say: After him to X, after him to Y. It was stated: “Rebbi says, the first one may sell the real estate and buy movables. Rabban Simeon ben Gamliel says, he has only the usufruct.” Ḥizqiah said, practice follows Rebbi. Rebbi Mana said, since Ḥizqiah said, practice follows Rebbi, that implies that he cannot dispose of it by a death-bed will. So said Rebbi Mana before Rebbi Yose: Since this woman’s upkeep is her husband’s responsibility, is it not like a gift of sick persons? He said to him, her upkeep is what is necessary for her: food, oil, and salt. But she wants to sell and buy chickens. This means that if the first one wanted to sell and buy chickens, he may sell. Rebbi Jacob bar Aḥa said, her burial is equal to her upkeep. Since you said there, he may sell real estate and buy food, so he may sell real estate and buy a burial.

HALAKHAH: “If the estate contained expected property,” etc. Rebbi Mana said, they disagree about the basic claim of the two ketubot. Rebbi Simeon says, real estate, but the rabbis say, movables. But for the excess denar everybody agrees that it is movable. Rebbi Yose ben Rebbi Abun said, everybody agrees about the basic claim of the two ketubot that it must be real estate. Where do they disagree? About the excess denar, where Rebbi Simeon says, real estate, but the rabbis say, movables. Rebbi Abba bar Zavda in the name of Rav: But in Syria they routinely collect from bronze and bedspreads. Rebbi Abbahu in the name of Rebbi Joḥanan: Only from bedspreads of that night. Rav Samuel bar Naḥman in the name of Rebbi Joḥanan: The people in Arabia routinely collect from camels and spices. Similarly, only from spices of that night? Rebbi Ḥuna’s widow collected from movables following her place’s custom.

HALAKHAH: “If the estate contained expected property,” etc. Rebbi Mana said, they disagree about the basic claim of the two ketubot. Rebbi Simeon says, real estate, but the rabbis say, movables. But for the excess denar everybody agrees that it is movable. Rebbi Yose ben Rebbi Abun said, everybody agrees about the basic claim of the two ketubot that it must be real estate. Where do they disagree? About the excess denar, where Rebbi Simeon says, real estate, but the rabbis say, movables. Rebbi Abba bar Zavda in the name of Rav: But in Syria they routinely collect from bronze and bedspreads. Rebbi Abbahu in the name of Rebbi Joḥanan: Only from bedspreads of that night. Rav Samuel bar Naḥman in the name of Rebbi Joḥanan: The people in Arabia routinely collect from camels and spices. Similarly, only from spices of that night? Rebbi Ḥuna’s widow collected from movables following her place’s custom.

HALAKHAH: “If the estate contained expected property,” etc. Rebbi Mana said, they disagree about the basic claim of the two ketubot. Rebbi Simeon says, real estate, but the rabbis say, movables. But for the excess denar everybody agrees that it is movable. Rebbi Yose ben Rebbi Abun said, everybody agrees about the basic claim of the two ketubot that it must be real estate. Where do they disagree? About the excess denar, where Rebbi Simeon says, real estate, but the rabbis say, movables. Rebbi Abba bar Zavda in the name of Rav: But in Syria they routinely collect from bronze and bedspreads. Rebbi Abbahu in the name of Rebbi Joḥanan: Only from bedspreads of that night. Rav Samuel bar Naḥman in the name of Rebbi Joḥanan: The people in Arabia routinely collect from camels and spices. Similarly, only from spices of that night? Rebbi Ḥuna’s widow collected from movables following her place’s custom.

Rav said, if a dying person said, do not bury me, he is buried as a charge on public charity. Rebbi Immi asked, how could one think that others are provided for by his property and he is buried as a charge on public charity? The Mishnah disagrees with Rav: “Her heirs, the heirs of her ketubah, are obligated to bury her.” Explain it, if they inherited real estate. As it was stated: “If he left male and female slaves, mortgages, and movables, anybody who takes them first acquires them and he shall be buried by public charity.” Because he took it first. Therefore, if he did not take it first one removes from his hand. Explain it, if he said, bury me. As Rebbi Yose said in the name of the rabbis: If a dead person was buried who had not said “bury me”, even though others came and took [of his property] one removes from their hands. If they took real estate. In fact, what you say, one removes from their hands, if they took real estate. But if they took movables, one does not remove from their hands, if it was a loan by witnesses. But for a documented loan, whether they took real estate or movables one does not remove from their hands. For Rebbi Abba, the son of Rav Huna, said: They made the words of a bedridden person equal to those of a healthy person who wrote and delivered. But only if he died from that illness, not if he recovered. And if he was explicit and said, give field X to Y. If he said, give field X to Y? Is it as if he was explicit or only if he said, the Northern half, the Southern half? Rebbi Yudan asked: If he said, burn me by pagan rites and give half of field X to Y. Since they do not burn, do they give? Rebbi Ḥaggai asked: A sick person who said, my daughters shall be supported. Would the daughters not be supported anyway? No, it is necessary, for otherwise would they be supported from pledged real estate or would they be supported from movables? Rebbi Yudan [ ] there came a case before Rebbi Yose about a bedridden person who had said, my documents shall be given to X. He said to him, the bedridden can only transfer property which is acquired either by a document or by taking hold. But these are acquired by a document and by taking hold. As it was stated: “A ship is acquired by taking hold in the opinion of everybody. Rebbi Nathan says a ship and documents are acquired by a document and by taking hold. If he wrote and did not take hold, or took hold without writing [a transfer document] he did not do anything unless he both writes and takes hold.”

Rav said, if a dying person said, do not bury me, he is buried as a charge on public charity. Rebbi Immi asked, how could one think that others are provided for by his property and he is buried as a charge on public charity? The Mishnah disagrees with Rav: “Her heirs, the heirs of her ketubah, are obligated to bury her.” Explain it, if they inherited real estate. As it was stated: “If he left male and female slaves, mortgages, and movables, anybody who takes them first acquires them and he shall be buried by public charity.” Because he took it first. Therefore, if he did not take it first one removes from his hand. Explain it, if he said, bury me. As Rebbi Yose said in the name of the rabbis: If a dead person was buried who had not said “bury me”, even though others came and took [of his property] one removes from their hands. If they took real estate. In fact, what you say, one removes from their hands, if they took real estate. But if they took movables, one does not remove from their hands, if it was a loan by witnesses. But for a documented loan, whether they took real estate or movables one does not remove from their hands. For Rebbi Abba, the son of Rav Huna, said: They made the words of a bedridden person equal to those of a healthy person who wrote and delivered. But only if he died from that illness, not if he recovered. And if he was explicit and said, give field X to Y. If he said, give field X to Y? Is it as if he was explicit or only if he said, the Northern half, the Southern half? Rebbi Yudan asked: If he said, burn me by pagan rites and give half of field X to Y. Since they do not burn, do they give? Rebbi Ḥaggai asked: A sick person who said, my daughters shall be supported. Would the daughters not be supported anyway? No, it is necessary, for otherwise would they be supported from pledged real estate or would they be supported from movables? Rebbi Yudan [ ] there came a case before Rebbi Yose about a bedridden person who had said, my documents shall be given to X. He said to him, the bedridden can only transfer property which is acquired either by a document or by taking hold. But these are acquired by a document and by taking hold. As it was stated: “A ship is acquired by taking hold in the opinion of everybody. Rebbi Nathan says a ship and documents are acquired by a document and by taking hold. If he wrote and did not take hold, or took hold without writing [a transfer document] he did not do anything unless he both writes and takes hold.”

Rav said, if a dying person said, do not bury me, he is buried as a charge on public charity. Rebbi Immi asked, how could one think that others are provided for by his property and he is buried as a charge on public charity? The Mishnah disagrees with Rav: “Her heirs, the heirs of her ketubah, are obligated to bury her.” Explain it, if they inherited real estate. As it was stated: “If he left male and female slaves, mortgages, and movables, anybody who takes them first acquires them and he shall be buried by public charity.” Because he took it first. Therefore, if he did not take it first one removes from his hand. Explain it, if he said, bury me. As Rebbi Yose said in the name of the rabbis: If a dead person was buried who had not said “bury me”, even though others came and took [of his property] one removes from their hands. If they took real estate. In fact, what you say, one removes from their hands, if they took real estate. But if they took movables, one does not remove from their hands, if it was a loan by witnesses. But for a documented loan, whether they took real estate or movables one does not remove from their hands. For Rebbi Abba, the son of Rav Huna, said: They made the words of a bedridden person equal to those of a healthy person who wrote and delivered. But only if he died from that illness, not if he recovered. And if he was explicit and said, give field X to Y. If he said, give field X to Y? Is it as if he was explicit or only if he said, the Northern half, the Southern half? Rebbi Yudan asked: If he said, burn me by pagan rites and give half of field X to Y. Since they do not burn, do they give? Rebbi Ḥaggai asked: A sick person who said, my daughters shall be supported. Would the daughters not be supported anyway? No, it is necessary, for otherwise would they be supported from pledged real estate or would they be supported from movables? Rebbi Yudan [ ] there came a case before Rebbi Yose about a bedridden person who had said, my documents shall be given to X. He said to him, the bedridden can only transfer property which is acquired either by a document or by taking hold. But these are acquired by a document and by taking hold. As it was stated: “A ship is acquired by taking hold in the opinion of everybody. Rebbi Nathan says a ship and documents are acquired by a document and by taking hold. If he wrote and did not take hold, or took hold without writing [a transfer document] he did not do anything unless he both writes and takes hold.”

Rav said, if a dying person said, do not bury me, he is buried as a charge on public charity. Rebbi Immi asked, how could one think that others are provided for by his property and he is buried as a charge on public charity? The Mishnah disagrees with Rav: “Her heirs, the heirs of her ketubah, are obligated to bury her.” Explain it, if they inherited real estate. As it was stated: “If he left male and female slaves, mortgages, and movables, anybody who takes them first acquires them and he shall be buried by public charity.” Because he took it first. Therefore, if he did not take it first one removes from his hand. Explain it, if he said, bury me. As Rebbi Yose said in the name of the rabbis: If a dead person was buried who had not said “bury me”, even though others came and took [of his property] one removes from their hands. If they took real estate. In fact, what you say, one removes from their hands, if they took real estate. But if they took movables, one does not remove from their hands, if it was a loan by witnesses. But for a documented loan, whether they took real estate or movables one does not remove from their hands. For Rebbi Abba, the son of Rav Huna, said: They made the words of a bedridden person equal to those of a healthy person who wrote and delivered. But only if he died from that illness, not if he recovered. And if he was explicit and said, give field X to Y. If he said, give field X to Y? Is it as if he was explicit or only if he said, the Northern half, the Southern half? Rebbi Yudan asked: If he said, burn me by pagan rites and give half of field X to Y. Since they do not burn, do they give? Rebbi Ḥaggai asked: A sick person who said, my daughters shall be supported. Would the daughters not be supported anyway? No, it is necessary, for otherwise would they be supported from pledged real estate or would they be supported from movables? Rebbi Yudan [ ] there came a case before Rebbi Yose about a bedridden person who had said, my documents shall be given to X. He said to him, the bedridden can only transfer property which is acquired either by a document or by taking hold. But these are acquired by a document and by taking hold. As it was stated: “A ship is acquired by taking hold in the opinion of everybody. Rebbi Nathan says a ship and documents are acquired by a document and by taking hold. If he wrote and did not take hold, or took hold without writing [a transfer document] he did not do anything unless he both writes and takes hold.”

HALAKHAH: “If the judges estimated one sixth too little or too much,” etc. As you say for a private person, in real estate up to one third, in movables up to one sixth. And similarly, for Temple property, in real estate up to one sixth, in movables up to [one in] twelve. There, we have stated: “The estimation for orphans is thirty days, the estimation for Temple property sixty days, and one publicly announces mornings and evenings.” And why thirty? In order to empower the orphans. Why should they not announce longer? Up to thirty days you empower the orphans, more than that you diminish their power. Why do you not say that for Temple property? Temple property is different because each offer made is firm. Then they should announce forever! If suffices for the Temple that it should be twice that of a private person. Rebbi Yudan said, since you say that Temple property is different because each offer made is firm, this implies that if they find their estimation they do not continue but close the deal.

HALAKHAH: “If the judges estimated one sixth too little or too much,” etc. As you say for a private person, in real estate up to one third, in movables up to one sixth. And similarly, for Temple property, in real estate up to one sixth, in movables up to [one in] twelve. There, we have stated: “The estimation for orphans is thirty days, the estimation for Temple property sixty days, and one publicly announces mornings and evenings.” And why thirty? In order to empower the orphans. Why should they not announce longer? Up to thirty days you empower the orphans, more than that you diminish their power. Why do you not say that for Temple property? Temple property is different because each offer made is firm. Then they should announce forever! If suffices for the Temple that it should be twice that of a private person. Rebbi Yudan said, since you say that Temple property is different because each offer made is firm, this implies that if they find their estimation they do not continue but close the deal.

Ulla bar Ismael said, slaves lest they flee, securities and movables lest they be stolen. Rebbi Abba bar Cohen asked before Rebbi Yose: Does this not imply that a slave is redeemed in front of three people? He answered him, yes. He said to him, but did we not state: “Real estate nine persons and a Cohen, and a human by the same rule”? He answered him, the human here is a free person.

HALAKHAH: “One creates an opening for a man with his wife’s ketubah” etc. Does one collect from movables? Rebbi Abba said, even if one could say, one collects from movables, one tells him to pay. Rebbi Manisha asked, could one tell the heirs to collect from pledged property? Rebbi Abba Mari said, the Mishnah says that one does not say so, as we have stated there: “It should be given to the heirs since everybody has to swear but the heirs do not have to swear.” What does one make her swear? There, they say, from straw I did not collect, from his person I did collect.

HALAKHAH: “One creates an opening for a man with his wife’s ketubah” etc. Does one collect from movables? Rebbi Abba said, even if one could say, one collects from movables, one tells him to pay. Rebbi Manisha asked, could one tell the heirs to collect from pledged property? Rebbi Abba Mari said, the Mishnah says that one does not say so, as we have stated there: “It should be given to the heirs since everybody has to swear but the heirs do not have to swear.” What does one make her swear? There, they say, from straw I did not collect, from his person I did collect.

“His field,” except movables. “His vineyard,” except potential property which is not similar in status to that in possession. “ ‘His field,’ except movables.” About those who did not claim movables from the start. Is this different from what we stated: There is not only real estate; from where if he wanted to pay money? The verse says: “Money he shall return to its owner.” What did you mean to say that real estate is primary? Or should we say that money is primary? Then it should be irrevocably given to [the claimant] from the start! Do we not see rabbis who irrevocably give him real estate! “ ‘His vineyard,’ except potential property which is not similar in status to that in possession.” Rebbi Eleazar in the name of Rebbi Nisa: If his father dug a cistern which caused injury during his father’s lifetime. Property fell to him after his father’s death. I might say that this property should be encumbered for that damage; therefore, it was necessary to say “his vineyard” to except potential property which is not similar in status to that in possession.

“His field,” except movables. “His vineyard,” except potential property which is not similar in status to that in possession. “ ‘His field,’ except movables.” About those who did not claim movables from the start. Is this different from what we stated: There is not only real estate; from where if he wanted to pay money? The verse says: “Money he shall return to its owner.” What did you mean to say that real estate is primary? Or should we say that money is primary? Then it should be irrevocably given to [the claimant] from the start! Do we not see rabbis who irrevocably give him real estate! “ ‘His vineyard,’ except potential property which is not similar in status to that in possession.” Rebbi Eleazar in the name of Rebbi Nisa: If his father dug a cistern which caused injury during his father’s lifetime. Property fell to him after his father’s death. I might say that this property should be encumbered for that damage; therefore, it was necessary to say “his vineyard” to except potential property which is not similar in status to that in possession.

“His field,” except movables. “His vineyard,” except potential property which is not similar in status to that in possession. “ ‘His field,’ except movables.” About those who did not claim movables from the start. Is this different from what we stated: There is not only real estate; from where if he wanted to pay money? The verse says: “Money he shall return to its owner.” What did you mean to say that real estate is primary? Or should we say that money is primary? Then it should be irrevocably given to [the claimant] from the start! Do we not see rabbis who irrevocably give him real estate! “ ‘His vineyard,’ except potential property which is not similar in status to that in possession.” Rebbi Eleazar in the name of Rebbi Nisa: If his father dug a cistern which caused injury during his father’s lifetime. Property fell to him after his father’s death. I might say that this property should be encumbered for that damage; therefore, it was necessary to say “his vineyard” to except potential property which is not similar in status to that in possession.

A judgment was rendered for Ṣippor bat Absalom. Rebbi Simon and Rebbi Jacob bar Idi in the name of Rebbi Simeon bar Abba: I and our teachers collected for her from movables, following the custom of her place.

“The law of siqariqon always applies in Galilee.” The law of siqariqon does not apply to movables. It was stated: “The law of siqariqon does not apply to foreclosures for a debt and for tenant fees. [A foreclosure for nonpayment of] tenant fees waits twelve months for the owners.” Rebbi Judah ben Pazi said, after twelve months one announces on four consecutive Sabbaths. He explained it in two ways. If he took it from a tenant and gave it to a tenant and the first wants to foreclose, he says to him, are you not a tenant? Leave it for me and what you cut, you cut. If he took it from the owner and gave it to a tenant, the [owner] wants to foreclose, he tells him, what use do you have if you take it from me and he will take it from you, but what I can afford I shall give to you.

MISHNAH: A deaf-mute communicates in sign language, and Ben Bathyra says, in pantomimes, referring to movables. Underage children: their buy is a buy and their sale is a sale, referring to movables.

MISHNAH: A deaf-mute communicates in sign language, and Ben Bathyra says, in pantomimes, referring to movables. Underage children: their buy is a buy and their sale is a sale, referring to movables.

Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not clear unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “A man to his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac explained it by the method of the artless. As we have stated there: “For underage children, their buying is buying and their selling selling, for movables.” But did we not state there: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Rebbi Jeremiah asked: If he threw it to her in a courtyard which belongs to neither of them, what is the rule? Rebbi Aḥa in the name of Rebbi Ḥanina: That is a problem for the rabbis. Rebbi Abin said, it is a disagreement between Rav and the Elder Rebbi Ḥiyya, for Rebbi Samuel, Rebbi Ze‘ira, Rav Ḥiyya bar Ashi said in the name of Rav: Drawing close does not acquire in a courtyard which belongs to neither of them. But Rebbi Ḥiyya stated in disagreement: “Under which circumstances did they say that movables are acquired by drawing close? In the public domain or in a courtyard which belongs to neither of them. But in the buyer’s domain he acquired the moment he accepted it. In the seller’s domain he does not acquire unless either he lifts it up or moves it out of its prior owner’s domain. In a domain where it was deposited he does not acquire unless he either is explicitly empowered or he leases its place.”

A Mishnah says that slaves follow the rules of real estate. A baraita states, the rules of movables. A baraita states, neither the rules of realestate nor the rules of movables. A Mishnah says that slaves follow the rules of real estate, as we have stated there: “Possession of houses, cisterns, ditches, and caves, bath houses, and dovecots, olive presses, and irrigated fields, and slaves.” A baraita states, slaves do not follow the rules of movables. As it is stated: What is possession of a slave? He tied his shoe for him, or untied his shoe, carried his things to the bath. Rebbi Simeon says, if he lifted him, that is possession. If he lifted his master, there is no stronger possession than this. A statement of the rabbis says that slaves follow the rules of movables. For Rebbi Yose said in the name of rabbis, there is no lien for a gift; one does not collect from slaves as from real estate. Rebbi Mana asked Rebbi Shammai, who are those rabbis? He told him, Rebbi Isaac and Rebbi Immi. A widow took a slave girl. The case came before Rebbi Isaac who said, what she took, she took. Rebbi Immi took her away, for she thought that she was hers but she was not hers. Not of real estate, as it was stated: Real estate and slaves; he took possession of the real estate. If you say that slaves follow the rules of real estate, when he took possession of the real estate he would have taken possession of the slaves, since Rebbi Yasa said in the name of Rebbi Joḥanan: If he had two fields, one in Judea and one in Galilee. If he took possession of the one in Judea with intention to take possession also of that in Galilee, or of the one in Galilee with intention to take possession also of that in Judea, he acquired. Not of movables. If you say that slaves follow the rules of movables, when he took possession of the movables he would have taken possessionof the slaves, since we did state there: “For property that is not guaranteed will cause guaranteed properties to be objects of swearing about them.”

A Mishnah says that slaves follow the rules of real estate. A baraita states, the rules of movables. A baraita states, neither the rules of realestate nor the rules of movables. A Mishnah says that slaves follow the rules of real estate, as we have stated there: “Possession of houses, cisterns, ditches, and caves, bath houses, and dovecots, olive presses, and irrigated fields, and slaves.” A baraita states, slaves do not follow the rules of movables. As it is stated: What is possession of a slave? He tied his shoe for him, or untied his shoe, carried his things to the bath. Rebbi Simeon says, if he lifted him, that is possession. If he lifted his master, there is no stronger possession than this. A statement of the rabbis says that slaves follow the rules of movables. For Rebbi Yose said in the name of rabbis, there is no lien for a gift; one does not collect from slaves as from real estate. Rebbi Mana asked Rebbi Shammai, who are those rabbis? He told him, Rebbi Isaac and Rebbi Immi. A widow took a slave girl. The case came before Rebbi Isaac who said, what she took, she took. Rebbi Immi took her away, for she thought that she was hers but she was not hers. Not of real estate, as it was stated: Real estate and slaves; he took possession of the real estate. If you say that slaves follow the rules of real estate, when he took possession of the real estate he would have taken possession of the slaves, since Rebbi Yasa said in the name of Rebbi Joḥanan: If he had two fields, one in Judea and one in Galilee. If he took possession of the one in Judea with intention to take possession also of that in Galilee, or of the one in Galilee with intention to take possession also of that in Judea, he acquired. Not of movables. If you say that slaves follow the rules of movables, when he took possession of the movables he would have taken possessionof the slaves, since we did state there: “For property that is not guaranteed will cause guaranteed properties to be objects of swearing about them.”

A Mishnah says that slaves follow the rules of real estate. A baraita states, the rules of movables. A baraita states, neither the rules of realestate nor the rules of movables. A Mishnah says that slaves follow the rules of real estate, as we have stated there: “Possession of houses, cisterns, ditches, and caves, bath houses, and dovecots, olive presses, and irrigated fields, and slaves.” A baraita states, slaves do not follow the rules of movables. As it is stated: What is possession of a slave? He tied his shoe for him, or untied his shoe, carried his things to the bath. Rebbi Simeon says, if he lifted him, that is possession. If he lifted his master, there is no stronger possession than this. A statement of the rabbis says that slaves follow the rules of movables. For Rebbi Yose said in the name of rabbis, there is no lien for a gift; one does not collect from slaves as from real estate. Rebbi Mana asked Rebbi Shammai, who are those rabbis? He told him, Rebbi Isaac and Rebbi Immi. A widow took a slave girl. The case came before Rebbi Isaac who said, what she took, she took. Rebbi Immi took her away, for she thought that she was hers but she was not hers. Not of real estate, as it was stated: Real estate and slaves; he took possession of the real estate. If you say that slaves follow the rules of real estate, when he took possession of the real estate he would have taken possession of the slaves, since Rebbi Yasa said in the name of Rebbi Joḥanan: If he had two fields, one in Judea and one in Galilee. If he took possession of the one in Judea with intention to take possession also of that in Galilee, or of the one in Galilee with intention to take possession also of that in Judea, he acquired. Not of movables. If you say that slaves follow the rules of movables, when he took possession of the movables he would have taken possessionof the slaves, since we did state there: “For property that is not guaranteed will cause guaranteed properties to be objects of swearing about them.”

A Mishnah says that slaves follow the rules of real estate. A baraita states, the rules of movables. A baraita states, neither the rules of realestate nor the rules of movables. A Mishnah says that slaves follow the rules of real estate, as we have stated there: “Possession of houses, cisterns, ditches, and caves, bath houses, and dovecots, olive presses, and irrigated fields, and slaves.” A baraita states, slaves do not follow the rules of movables. As it is stated: What is possession of a slave? He tied his shoe for him, or untied his shoe, carried his things to the bath. Rebbi Simeon says, if he lifted him, that is possession. If he lifted his master, there is no stronger possession than this. A statement of the rabbis says that slaves follow the rules of movables. For Rebbi Yose said in the name of rabbis, there is no lien for a gift; one does not collect from slaves as from real estate. Rebbi Mana asked Rebbi Shammai, who are those rabbis? He told him, Rebbi Isaac and Rebbi Immi. A widow took a slave girl. The case came before Rebbi Isaac who said, what she took, she took. Rebbi Immi took her away, for she thought that she was hers but she was not hers. Not of real estate, as it was stated: Real estate and slaves; he took possession of the real estate. If you say that slaves follow the rules of real estate, when he took possession of the real estate he would have taken possession of the slaves, since Rebbi Yasa said in the name of Rebbi Joḥanan: If he had two fields, one in Judea and one in Galilee. If he took possession of the one in Judea with intention to take possession also of that in Galilee, or of the one in Galilee with intention to take possession also of that in Judea, he acquired. Not of movables. If you say that slaves follow the rules of movables, when he took possession of the movables he would have taken possessionof the slaves, since we did state there: “For property that is not guaranteed will cause guaranteed properties to be objects of swearing about them.”

A Mishnah says that slaves follow the rules of real estate. A baraita states, the rules of movables. A baraita states, neither the rules of realestate nor the rules of movables. A Mishnah says that slaves follow the rules of real estate, as we have stated there: “Possession of houses, cisterns, ditches, and caves, bath houses, and dovecots, olive presses, and irrigated fields, and slaves.” A baraita states, slaves do not follow the rules of movables. As it is stated: What is possession of a slave? He tied his shoe for him, or untied his shoe, carried his things to the bath. Rebbi Simeon says, if he lifted him, that is possession. If he lifted his master, there is no stronger possession than this. A statement of the rabbis says that slaves follow the rules of movables. For Rebbi Yose said in the name of rabbis, there is no lien for a gift; one does not collect from slaves as from real estate. Rebbi Mana asked Rebbi Shammai, who are those rabbis? He told him, Rebbi Isaac and Rebbi Immi. A widow took a slave girl. The case came before Rebbi Isaac who said, what she took, she took. Rebbi Immi took her away, for she thought that she was hers but she was not hers. Not of real estate, as it was stated: Real estate and slaves; he took possession of the real estate. If you say that slaves follow the rules of real estate, when he took possession of the real estate he would have taken possession of the slaves, since Rebbi Yasa said in the name of Rebbi Joḥanan: If he had two fields, one in Judea and one in Galilee. If he took possession of the one in Judea with intention to take possession also of that in Galilee, or of the one in Galilee with intention to take possession also of that in Judea, he acquired. Not of movables. If you say that slaves follow the rules of movables, when he took possession of the movables he would have taken possessionof the slaves, since we did state there: “For property that is not guaranteed will cause guaranteed properties to be objects of swearing about them.”

A Mishnah says that slaves follow the rules of real estate. A baraita states, the rules of movables. A baraita states, neither the rules of realestate nor the rules of movables. A Mishnah says that slaves follow the rules of real estate, as we have stated there: “Possession of houses, cisterns, ditches, and caves, bath houses, and dovecots, olive presses, and irrigated fields, and slaves.” A baraita states, slaves do not follow the rules of movables. As it is stated: What is possession of a slave? He tied his shoe for him, or untied his shoe, carried his things to the bath. Rebbi Simeon says, if he lifted him, that is possession. If he lifted his master, there is no stronger possession than this. A statement of the rabbis says that slaves follow the rules of movables. For Rebbi Yose said in the name of rabbis, there is no lien for a gift; one does not collect from slaves as from real estate. Rebbi Mana asked Rebbi Shammai, who are those rabbis? He told him, Rebbi Isaac and Rebbi Immi. A widow took a slave girl. The case came before Rebbi Isaac who said, what she took, she took. Rebbi Immi took her away, for she thought that she was hers but she was not hers. Not of real estate, as it was stated: Real estate and slaves; he took possession of the real estate. If you say that slaves follow the rules of real estate, when he took possession of the real estate he would have taken possession of the slaves, since Rebbi Yasa said in the name of Rebbi Joḥanan: If he had two fields, one in Judea and one in Galilee. If he took possession of the one in Judea with intention to take possession also of that in Galilee, or of the one in Galilee with intention to take possession also of that in Judea, he acquired. Not of movables. If you say that slaves follow the rules of movables, when he took possession of the movables he would have taken possessionof the slaves, since we did state there: “For property that is not guaranteed will cause guaranteed properties to be objects of swearing about them.”

A Mishnah says that slaves follow the rules of real estate. A baraita states, the rules of movables. A baraita states, neither the rules of realestate nor the rules of movables. A Mishnah says that slaves follow the rules of real estate, as we have stated there: “Possession of houses, cisterns, ditches, and caves, bath houses, and dovecots, olive presses, and irrigated fields, and slaves.” A baraita states, slaves do not follow the rules of movables. As it is stated: What is possession of a slave? He tied his shoe for him, or untied his shoe, carried his things to the bath. Rebbi Simeon says, if he lifted him, that is possession. If he lifted his master, there is no stronger possession than this. A statement of the rabbis says that slaves follow the rules of movables. For Rebbi Yose said in the name of rabbis, there is no lien for a gift; one does not collect from slaves as from real estate. Rebbi Mana asked Rebbi Shammai, who are those rabbis? He told him, Rebbi Isaac and Rebbi Immi. A widow took a slave girl. The case came before Rebbi Isaac who said, what she took, she took. Rebbi Immi took her away, for she thought that she was hers but she was not hers. Not of real estate, as it was stated: Real estate and slaves; he took possession of the real estate. If you say that slaves follow the rules of real estate, when he took possession of the real estate he would have taken possession of the slaves, since Rebbi Yasa said in the name of Rebbi Joḥanan: If he had two fields, one in Judea and one in Galilee. If he took possession of the one in Judea with intention to take possession also of that in Galilee, or of the one in Galilee with intention to take possession also of that in Judea, he acquired. Not of movables. If you say that slaves follow the rules of movables, when he took possession of the movables he would have taken possessionof the slaves, since we did state there: “For property that is not guaranteed will cause guaranteed properties to be objects of swearing about them.”

Rebbi Samuel, Rebbi Ze‘ira, Rebbi Ḥiyya bar Ashi said in the name of Rav: Drawing close does not acquire in a courtyard which belongs to neither of them. But Rebbi Ḥiyya stated in disagreement: “Under which circumstances did they say that movables are acquired by drawing close? In the public domain or in a courtyard which belongs to neither of them. But in the buyer’s domain he acquired the moment he accepted it. In the seller’s domain he does not acquire unless either he lifts it up or moves it out of its prior owner’s domain. In a domain where it was deposited he does not acquire unless he either is explicitly empowered or he leases its place.”

From where that non-guaranteed property may be acquired together with guaranteed property, by money, document, or by possession? Rebbi Yose in the name of Ḥizqiah; Rebbi Jonah, Rebbi Ḥanina Tortaya in the name of Ḥizqiah, it is written (2Chr. 21:3): “Their father gave them many gifts, silver and gold and delicacies, with fortified cities in Jehudah.” So far real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Meron was dwelling in Jerusalem, who was rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages and they upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place; here, however, the real estate was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? Is not the sick person for Rebbi Eliezer like the sick person for the rabbis? He said to him: The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

From where that non-guaranteed property may be acquired together with guaranteed property, by money, document, or by possession? Rebbi Yose in the name of Ḥizqiah; Rebbi Jonah, Rebbi Ḥanina Tortaya in the name of Ḥizqiah, it is written (2Chr. 21:3): “Their father gave them many gifts, silver and gold and delicacies, with fortified cities in Jehudah.” So far real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Meron was dwelling in Jerusalem, who was rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages and they upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place; here, however, the real estate was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? Is not the sick person for Rebbi Eliezer like the sick person for the rabbis? He said to him: The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

From where that non-guaranteed property may be acquired together with guaranteed property, by money, document, or by possession? Rebbi Yose in the name of Ḥizqiah; Rebbi Jonah, Rebbi Ḥanina Tortaya in the name of Ḥizqiah, it is written (2Chr. 21:3): “Their father gave them many gifts, silver and gold and delicacies, with fortified cities in Jehudah.” So far real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Meron was dwelling in Jerusalem, who was rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages and they upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place; here, however, the real estate was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? Is not the sick person for Rebbi Eliezer like the sick person for the rabbis? He said to him: The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

From where that non-guaranteed property may be acquired together with guaranteed property, by money, document, or by possession? Rebbi Yose in the name of Ḥizqiah; Rebbi Jonah, Rebbi Ḥanina Tortaya in the name of Ḥizqiah, it is written (2Chr. 21:3): “Their father gave them many gifts, silver and gold and delicacies, with fortified cities in Jehudah.” So far real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Meron was dwelling in Jerusalem, who was rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages and they upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place; here, however, the real estate was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? Is not the sick person for Rebbi Eliezer like the sick person for the rabbis? He said to him: The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

From where that non-guaranteed property may be acquired together with guaranteed property, by money, document, or by possession? Rebbi Yose in the name of Ḥizqiah; Rebbi Jonah, Rebbi Ḥanina Tortaya in the name of Ḥizqiah, it is written (2Chr. 21:3): “Their father gave them many gifts, silver and gold and delicacies, with fortified cities in Jehudah.” So far real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Meron was dwelling in Jerusalem, who was rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages and they upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place; here, however, the real estate was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? Is not the sick person for Rebbi Eliezer like the sick person for the rabbis? He said to him: The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

Rebbi Joḥanan asked: Can movables be taken into possession by dragging? Rebbi Abba bar Mamal said, what is his problem? With hard hides. But soft hides are not taken into posession until lifted. A baraita disagrees with Rebbi Abba bar Mamal: If somebody steals another person’s pouch and removes it on the Sabbath, he is obligated since he already is obligated for the theft of the wallet before he comes in conflict with the holiness of the Sabbath. But if he was dragging it until he left, he is free since the obligations of capital crime and restitution fall on him simultaneously. Therefore, if the obligations of capital crime and restitution do not fall on him simultaneously he is obligated. Rebbi Mattania said, explain it with large pouches which usually are dragged.

HALAKHAH: “If anything is given instead of money,” etc. There, we have stated: “This is the principle: All movables acquire one another.” Rebbi Abba, Rav Ḥuna in the name of Rav: Even heaps among heaps. Rebbi Eleazar said to him, we have stated only: “If anything is given instead of money,” anything that needs estimation. It turns out that Rebbi Abba follows Rebbi Joḥanan and Rebbi Eleazar his own opinion, as we have stated there: “Brothers having common property who are obligated for agio are free from animal tithe, but if they are obligated for animal tithe they are free from agio.” Rebbi Eleazar said, only if they exchanged kid goats against rams and rams against kid goats. But if they exchanged kid goats against kid goats and rams against rams, that was [the recipient’s] part from the first moment. Rebbi Joḥanan said, even if they exchanged kid goats against kid goats and rams against rams, they are buyers. But we have stated there: “The buyer and the recipient of a gift are free from animal tithe. Brothers having common property who are obligated for agio are free from animal tithe.” When they split and then joined again. “But if they are obligated for animal tithe they are free from agio.” If they never split.

The Mishnah: “Possession of Heaven is by money, possession of any individual by taking hold.” How? If the treasurer paid with Temple money for movables, they are in the Temple’s possession anywhere they are, for it is written: “The Eternal’s are the earth and what fills it, dry land and its inhabitants.”

HALAKHAH: “If somebody preliminarily marries two women with the value of a peruṭah,” etc. It was stated: “In all these cases, if they had intercourse they acquired. Rebbi Simeon [ben] Jehudah says in the name of Rebbi Simeon: In all these cases, if they had intercourse they did acquire since his intercourse was predicated on the preceding preliminary marriage.” What did they acquire? Rebbi Ḥiyya in the name of Rebbi Joḥanan: They acquired for restrictions. Rebbi Ḥiyya in the name of Rebbi Joḥanan: With any condition which refers to a preceding action, she is preliminarily married for restrictions. Rebbi Mana asked before Rebbi Yudan: Who is the Tanna who stated: “Any condition which refers to a preceding action is invalid”? This does not follow Rebbi Simeon. Rebbi Yudan in the name of Rebbi Joḥanan: She is preliminarily married for restrictions. How is that: “I am marrying you preliminarily by intercourse on condition that rains should fall.” If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Ḥiyya in the name of Rebbi Joḥanan: In matters of a preliminary marriage by a loan for restrictions, for real estate it was not acquired, for movables one does not deliver him to “Him Who exacted retribution.” If [the buyer] insists on the deal? Let us hear from the following: “You have wine to get from me, when he had no wine.” Therefore, if he had wine he would be obligated to deliver. Rebbi Ḥiyya stated, if he has wine he is obligated to deliver. Rebbi Samuel ben Rav Isaac did (not) say there: You should know that Rebbi Ḥiyya instructed following Rebbi Joḥanan that a preliminary marriage by a loan is for restrictions. Rebbi Ze‘ira resented it. Why? Because they were restrictive in practice and he taught them leniency? Rebbi Yose ben Rebbi Abun said, they were lenient in practice and he taught them to be restrictive, that if another man came and married her preliminarily, his marriage would hold. Rebbi Yudan ben Rebbi Ḥanan said, if there is a doubt between adultery and no adultery, decide on no adultery.

HALAKHAH: “Estimation and determination of money’s worth,” etc. One does not say that a cow be compensated for by a stole, but one appraises all property in court. “Money’s worth,” this teaches that the court only appraises mortgageable property. But if the person suffering damage appropriated movables, one appraises those. “By a court”, this teaches that one only appraises in court. “Based on testimony”, for one only appraises by testimony. “Of free persons of the Covenant”, this excludes Gentiles, and slaves, and persons disqualified for testimony. “Women are under the rule of torts”; since the verse speaks only of men, it is necessary to include women: Rebbi Ismael stated, “these are the laws which you shall put before them” “And sometimes both the person who causes and the one who suffers the damage pay”; they pay half the damage. From here, that one splits the damage; each one loses half the value of the damage.

Ḥizqiah said, only if he turned it over to acquire. The word of Ḥizqiah implies that movables can be acquired by turning them over. But could they be acquired by dragging? Rebbi Abun bar Ḥiyya said, this is reasonable for pillars and hard hides. But soft hides one does not acquire unless one lifts them up.

HALAKHAH: “The obligation to make double restitution is more frequent,” etc. From where does he get this? From “if being found it is found”. This includes not only ox, or donkey, or sheep: Since He says “alive”, it includes all living beings. “The stolen goods”, to include movables. Why “ox, or donkey, or sheep”? If it were restricted to anything useful for the altar, one should have stated “ox and sheep”. [If it were restricted to anything useful for the priests, one should have stated “ox and donkey.] Rebbi Ismael stated: It excludes real estate which is not movable; it excludes slaves from whom you only have service; it excludes documents which only are for proof.

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.

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.

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.

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: “Wages of a human,” etc. It is written: “Do not oppress the poor and needy of your brothers,” this refers to Israel. “Your proselytes,” this refers to the just proselytes. “In your land,” to add animals and slaves. “In your gates,” to add movables.

If he took a pledge and then returned it, by law he can collect from the property mortgaged to him. “But if he returns it, why does he take a pledge? Rebbi explained, for maybe there will be a Sabbatical year and annul [the debt]. Or maybe that one will die and leave the movables in the heir’s hand.”

HALAKHAH: “He who sells a courtyard,” etc. Rebbi Isaac asked: According to the rabbis, he who sells a courtyard without specifications sold houses, cisterns, ditches, and caves but nothing movable. Or maybe he also sold movables? Rebbi Isaac asked: According to Rebbi Eliezer, he who sells a courtyard without specifications only sold the airspace. But if he said, “it and all it contains,” he sold houses, cisterns, ditches, and caves but nothing movable. Or maybe he also sold movables? Rebbi Joḥanan said, the following I brought from the House of Levi: “If there were (courtyards) [stores] open to the inside, they are sold; to the outside, they are not sold; to the inside and the outside, they are all sold.”

HALAKHAH: “He who sells a courtyard,” etc. Rebbi Isaac asked: According to the rabbis, he who sells a courtyard without specifications sold houses, cisterns, ditches, and caves but nothing movable. Or maybe he also sold movables? Rebbi Isaac asked: According to Rebbi Eliezer, he who sells a courtyard without specifications only sold the airspace. But if he said, “it and all it contains,” he sold houses, cisterns, ditches, and caves but nothing movable. Or maybe he also sold movables? Rebbi Joḥanan said, the following I brought from the House of Levi: “If there were (courtyards) [stores] open to the inside, they are sold; to the outside, they are not sold; to the inside and the outside, they are all sold.”

MISHNAH: He who sells a village sold houses, cisterns, ditches and caverns, bath houses and dovecots, the oil press and irrigated lots but not movables. But if he said to him, it and all that is in it, even if there were animals and slaves there, all of them are sold. Rabban Simeon ben Gamliel says, he who sells a village sold the steward.

HALAKHAH: “Zelophehad’s daughters,” etc. Zelophehad’s daughters said before our teacher Moses: If we are Zelophehad’s daughters, we should inherit from our father. If we are not Zelophehad’s daughters, let our mother enter levirate marriage. Immediately, “ he brought their suit before the Eternal.” The Holy One, praise to Him, told him, “ Zelophehad’s daughters speak correctly. Give them possession of inheritance,” give them real estate, give them movables, give them their father’s part among their father’s brothers.

Rebbi Ḥanina said, if somebody definitively married off his son in a house, the latter acquired it. Rebbi Hoshaia stated, the house but not the movables. Rebbi La divided the dining hall between himself and his son. Rebbi Ḥaggai asked Rebbi Yose: If the ceremony was in the bedroom but the wedding party was in the dining room, what is the rule? He told him, one does not see him leaving.

HALAKHAH: “If a bedridden person distributed all his properties to others,” etc. Rav Jeremiah in the name of Rav: If he reserved any movables, he did not do anything. But if he reserved money and bought real estate it is as if he reserved real estate. And what you say that if he did not reserve any real estate his gift is not a gift, if he did (not) recuperate. But if he did [not] recuperate, that is the case about which Rebbi Joḥanan said in the name of Rebbi Yannai, they treated words of a bedridden person like those of a healthy person who wrote and delivered; but only if he died from that sickness. If a critically ill person distributed his property, whether on a weekday or on the Sabbath, what he did is valid. But if he was healthy [it is valid] only if he wrote “by money, or contract, or possession.”

HALAKHAH: So far if real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Meron was dwelling in Jerusalem who was rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred sheep and a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages, who upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place; here, however, the real estate was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? Would the sick person for Rebbi Eliezer be like the healthy person for the rabbis? He said to him: The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

HALAKHAH: So far if real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Meron was dwelling in Jerusalem who was rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred sheep and a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages, who upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place; here, however, the real estate was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? Would the sick person for Rebbi Eliezer be like the healthy person for the rabbis? He said to him: The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

HALAKHAH: So far if real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Meron was dwelling in Jerusalem who was rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred sheep and a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages, who upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place; here, however, the real estate was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? Would the sick person for Rebbi Eliezer be like the healthy person for the rabbis? He said to him: The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

HALAKHAH: So far if real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Meron was dwelling in Jerusalem who was rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred sheep and a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages, who upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place; here, however, the real estate was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? Would the sick person for Rebbi Eliezer be like the healthy person for the rabbis? He said to him: The sick person for Rebbi Eliezer is like the healthy person for the rabbis.