sale

Then let him count the years of the sale thereof, and restore the overplus unto the man to whom he sold it; that he may return unto his possession.

And he shall reckon with him that bought him from the year that he was sold to him unto the year of jubile: and the price of his sale shall be according unto the number of years, according to the time of an hired servant shall it be with him.

They shall have like portions to eat, beside that which cometh of the sale of his patrimony.

Why is earth and ashes proud? There is not a more wicked thing than a covetous man: for such an one setteth his own soul to sale; because while he liveth he casteth away his bowels.

Wherefore immediately he sent to the cities upon the sea coast, proclaiming a sale of the captive Jews, and promising that they should have fourscore and ten bodies for one talent, not expecting the vengeance that was to follow upon him from the Almighty God.

And to make a gain of the temple, as of the other chapels of the heathen, and to set the high priesthood to sale every year:

And while he thus spake and thought, it chanced that there was there a certain merchant come from India whose name was Abbanes, sent from the King Gundaphorus, and having commandment from him to buy a carpenter and bring him unto him. Now the Lord seeing him walking in the market-place at noon said unto him: Wouldest thou buy a carpenter? And he said to him: Yea. And the Lord said to him: I have a slave that is a carpenter and I desire to sell him. And so saying he showed him Thomas afar off, and agreed with him for three litrae of silver unstamped, and wrote a deed of sale, saying: I, Jesus, the son of Joseph the carpenter, acknowledge that I have sold my slave, Judas by name, unto thee Abbanes, a merchant of Gundaphorus, king of the Indians. And when the deed was finished, the Saviour took Judas Thomas and led him away to Abbanes the merchant, and when Abbanes saw him he said unto him: Is this thy master? And the apostle said: Yea, he is my Lord. And he said: I have bought thee of him. And the apostle held his peace.

Those two brothers, therefore, of whom we spake, sold the gems which they had bought by the sale of their inheritance and gave the price to the poor; and thereafter a very great multitude of believers began to be joined to the apostle. And when all this was done, it happened that after the same example, two honourable men of the city of the Ephesian sold all their goods and distributed them to the needy, and followed the apostle as he went through the cities preaching the word of God. But it came to pass, when they entered the city of Pergamum, that they saw their servants walking abroad arrayed in silken raiment and shining with the glory of this world: whence it happened that they were pierced with the arrow of the devil and became sad, seeing themselves poor and clad with a single cloak while their own servants were powerful and prosperous. But the apostle of Christ, perceiving these wiles of the devil, said: I see that ye have changed your minds and your countenances on this account, that, obeying the teaching of my Lord Jesus Christ, ye have given all ye had to the poor. Now, if ye desire to recover that which ye formerly possessed of gold, silver, and precious stones, bring me some straight rods, each of you a bundle. And when they had done so, he called upon the name of the Lord Jesus Christ, and they were turned into gold. And the apostle said to them: Bring me small stones from the seashore. And when they had done this also, he called upon the majesty of the Lord, and all the pebbles were turned into gems. Then the blessed John turned to those men and said to them: Go about to the goldsmiths and jewellers for seven days, and when ye have proved that these are true gold and true jewels, tell me. And they went, both of them, and after seven days returned to the apostle, saying: Lord, we have gone about the shops of all the goldsmiths, and they have all said that they never saw such pure gold. Likewise the jewellers have said the same, that they never saw such excellent and precious gems.

But believe ye me, men and brethren, I drove this Simon out of Judaea where he did many evils with his magical charms, lodging in Judaea with a certain woman Eubula, who was of honourable estate in this world, having store of gold and pearls of no small price. Here did Simon enter in by stealth with two others like unto himself, and none of the household saw them two, but Simon only, and by means of a spell they took away all the woman's gold, and disappeared. But Eubula, when she found what was done, began to torture her household, saying: Ye have taken occasion by this man of God and spoiled me, when ye saw him entering in to me to honour a mere woman; but his name is as the name of the Lord. As I fasted for three days and prayed that this matter should be made plain, I saw in a vision Italicus and Antulus (Antyllus) whom I had instructed in the name of the Lord, and a boy naked and chained giving me a wheaten loaf and saying unto me: Peter, endure yet two days and thou shalt see the mighty works of God. As for all that is lost out of the house of Eubula, Simon hath used art magic and hath caused a delusion, and with two others hath stolen it away: whom thou shalt see on the third day at the ninth hour, at the gate which leadeth unto Neapolis, selling unto a goldsmith by name Agrippinus a young satyr of gold of two pound weight, having in it a precious stone. But for thee there is no need that thou touch it, lest thou be defiled; but let there be with thee some of the matron's servants, and thou shalt show them the shop of the goldsmith and depart from them. For by reason of this matter shall many believe on the name of the Lord, and all that which these men by their devices and wickedness have oft-times stolen shall be openly showed. When I heard that, I went unto Eubula and found her sitting with her clothes rent and her hair disordered, mourning; unto whom I said: Eubula, rise up from thy mourning and compose thy face and order thy hair and put on raiment befitting thee, and pray unto the Lord Jesus Christ that judgeth every soul: for he is the invisible Son of God, by whom thou must be saved, if only thou repent with thine whole heart of thy former sins: and receive thou power from him; for behold, by me the Lord saith to thee: Thou shalt find all whatsoever thou hast lost. And after thou hast received them, take thou care that he find thee, that thou mayest renounce this present world and seek for everlasting refreshment. Hearken therefore unto this: Let certain of thy people keep watch at the gate that leadeth to Neapolis on the day after to-morrow at about the ninth hour, and they shall see two young men having a young satyr of gold, of two pound weight, set with gems, as a vision hath shown me: which thing they will offer for sale to one Agrippinus of the household of godliness and of the faith which is in the Lord Jesus Christ: by whom it shall be showed thee that thou shouldest believe in the living God and not on Simon the magician, the unstable devil, who hath desired that thou shouldest remain in sorrow, and thine innocent household be tormented; who by fair words and speech only hath deceived thee, and with his mouth only spake of godliness, whereas he is wholly possessed of ungodliness. For when thou didst think to keep holy-day, and settedst up thine idol and didst veil it and set out all thine ornaments upon a table (round three-legged table), he brought in two young men whom no man of yours saw, by a magic charm, and they stole away thine ornaments and were no more seen. But his device hath had no success (place); for my God hath manifested it unto me, to the end thou shouldest not be deceived, neither perish in hell, for those sins which thou hast committed ungodly and contrary to God, who is full of all truth, and the righteous judge of quick and dead; and there is none other hope of life unto men save through him, by whom those things which thou hast lost are recovered unto thee: and now do thou gain thine own soul. But she cast herself down before my feet, saying: O man, who thou art I know not; but him I received as a servant of God, and whatsoever he asked of me to give it unto the poor, I gave much by his hands, and beside that I did give much unto him. What hurt did I do him, that he should contrive all this against mine house? Unto whom Peter said: There is no faith to be put in words, but in acts and deeds: but we must go on with that we have begun. So I left her and went with two stewards of Eubula and came to Agrippinus and said to him: See that thou take note of these men; for to-morrow two young men will come to thee, desiring to sell thee a young satyr of gold set with jewels, which belongeth to the mistress of these: and thou shalt take it as it were to look upon it, and praise the work of the craftsman, and then when these come in, God will bring the rest to the proof. And on the next day the stewards of the matron came about the ninth hour, and also those young men, willing to sell unto Agrippinus the young satyr of gold. And they being forthwith taken, it was reported unto the matron, and she in distress of mind came to the deputy, and with a loud voice declared all that had befallen her. And when Pompeius the deputy beheld her in distress of mind, who never had come forth abroad, he forthwith rose up from the judgement seat and went unto the praetorium, and bade those men to be brought and tortured; and while they were being tormented they confessed that they did it in the service of Simon, which, said they, persuaded us thereto with money. And being tortured a long time, they confessed that all that Eubula had lost was laid up under the earth in a cave on the other side of the gate, and many other things besides. And when Pompeius heard this, he rose up to go unto the gate, with those two men, each of them bound with two chains. And lo, Simon came in at the gate, seeking them because they tarried long. And he seeth a great multitude coming, and those two bound with chains; and he understood and betook him to flight, and appeared no more in Judaea unto this day. But Eubula, when she had recovered all her goods, gave them for the service of the poor, and believed on the Lord Jesus Christ and was comforted; and despised and renounced this world, and gave unto the widows and fatherless, and clothed the poor. And after a long time she received her rest (sleep). Now these things, dearly beloved brethren, were done in Judaea, whereby he that is called the angel of Satan was driven out thence.

And the sons of Sem: Elam, Assur, Arphaxa, Luzi, Aram. And the sons of Aram: Gedrum, Ese. And Arphaxa begat Sale, Sale begat Heber, and unto Heber were born two sons: the name of the one was Phalech, for in his days the earth was divided, and the name of his brother was Jectan.

And the sons of Sem: Elam, Assur, Arphaxa, Luzi, Aram. And the sons of Aram: Gedrum, Ese. And Arphaxa begat Sale, Sale begat Heber, and unto Heber were born two sons: the name of the one was Phalech, for in his days the earth was divided, and the name of his brother was Jectan.

And they said, Four hundred pieces of silver we desire for him, and Potiphar said, I will give it you if you bring me the record of his sale to you, and will tell me his history, for perhaps he may be stolen, for this youth is neither a slave, nor the son of a slave, but I observe in him the appearance of a goodly and handsome person.

And the famine prevailed throughout the land, and the famine was in all countries, but in the land of Egypt there was produce for sale.

When they set up the tabernacle, they received it into the midst of their camp, three of the tribes pitching their tents on each side of it; and roads were cut through the midst of these tents. It was like a well-appointed market; and every thing was there ready for sale in due order; and all sorts of artificers were in the shops; and it resembled nothing so much as a city that sometimes was movable, and sometimes fixed. The priests had the first places about the tabernacle; then the Levites, who, because their whole multitude was reckoned from thirty days old, were twenty-three thousand eight hundred and eighty males; and during the time that the cloud stood over the tabernacle, they thought proper to stay in the same place, as supposing that God there inhabited among them; but when that removed, they journeyed also.

But David had God going along with him whithersoever he went, and accordingly he greatly prospered in his undertakings, and it was visible that he had mighty success, insomuch that Saul's daughter, who was still a virgin, fell in love with him; and her affection so far prevailed over her, that it could not be concealed, and her father became acquainted with it. Now Saul heard this gladly, as intending to make use of it for a snare against David, and he hoped that it would prove the cause of destruction and of hazard to him; so he told those that informed him of his daughter's affection, that he would willingly give David the virgin in marriage, and said, "I engage myself to marry my daughter to him if he will bring me six hundred heads of my enemies supposing that when a reward so ample was proposed to him, and when he should aim to get him great glory, by undertaking a thing so dangerous and incredible, he would immediately set about it, and so perish by the Philistines; and my designs about him will succeed finely to my mind, for I shall be freed from him, and get him slain, not by myself, but by another man." So he gave order to his servants to try how David would relish this proposal of marrying the damsel. Accordingly, they began to speak thus to him: That king Saul loved him, as well as did all the people, and that he was desirous of his affinity by the marriage of this damsel. To which he gave this answer:—"Seemeth it to you a light thing to be made the king's son-in-law? It does not seem so to me, especially when I am one of a family that is low, and without any glory or honor." Now when Saul was informed by his servants what answer David had made, he said,—"Tell him that I do not want any money nor dowry from him, which would be rather to set my daughter to sale than to give her in marriage; but I desire only such a son-in-law as hath in him fortitude, and all other kinds of virtue," of which he saw David was possessed, and that his desire was to receive of him, on account of his marrying his daughter, neither gold nor silver, nor that he should bring such wealth out of his father's house, but only some revenge on the Philistines, and indeed six hundred of their heads, than which a more desirable or a more glorious present could not be brought him, and that he had much rather obtain this, than any of the accustomed dowries for his daughter, viz. that she should be married to a man of that character, and to one who had a testimony as having conquered his enemies.

Now the weight of gold that was brought him was six hundred and sixty-six talents, not including in that sum what was brought by the merchants, nor what the toparchs and kings of Arabia gave him in presents. He also cast two hundred targets of gold, each of them weighing six hundred shekels. He also made three hundred shields, every one weighing three pounds of gold, and he had them carried and put into that house which was called The Forest of Lebanon. He also made cups of gold, and of [precious] stones, for the entertainment of his guests, and had them adorned in the most artificial manner; and he contrived that all his other furniture of vessels should be of gold, for there was nothing then to be sold or bought for silver; for the king had many ships which lay upon the sea of Tarsus, these he commanded to carry out all sorts of merchandise unto the remotest nations, by the sale of which silver and gold were brought to the king, and a great quantity of ivory, and Ethiopians, and apes; and they finished their voyage, going and returning, in three years' time.

And when the day came on which the king was to let the taxes of the cities to farm, and those that were the principal men of dignity in their several countries were to bid for them, the sum of the taxes together, of Celesyria, and Phoenicia, and Judea, with Samaria, [as they were bidden for,] came to eight thousand talents. Hereupon Joseph accused the bidders, as having agreed together to estimate the value of the taxes at too low a rate; and he promised that he would himself give twice as much for them: but for those who did not pay, he would send the king home their whole substance; for this privilege was sold together with the taxes themselves. The king was pleased to hear that offer; and because it augmented his revenues, he said he would confirm the sale of the taxes to him. But when he asked him this question, Whether he had any sureties that would be bound for the payment of the money? he answered very pleasantly, "I will give such security, and those of persons good and responsible, and which you shall have no reason to distrust." And when he bid him name them who they were, he replied, "I give thee no other persons, O king, for my sureties, than thyself, and this thy wife; and you shall be security for both parties." So Ptolemy laughed at the proposal, and granted him the farming of the taxes without any sureties. This procedure was a sore grief to those that came from the cities into Egypt, who were utterly disappointed; and they returned every one to their own country with shame.

Now Jesus, who was the ruler, commanded that they should exclude all that came with me, for he kept the door himself, and suffered none but his friends to go in. And while we were engaged in the duties of the day, and had betaken ourselves to our prayers, Jesus got up, and inquired of me what was become of the vessels that were taken out of the king's palace, when it was burnt down [and] of that uncoined silver; and in whose possession they now were? This he said, in order to drive away time till John should come. I said that Capellus, and the ten principal men of Tiberias, had them all; and I told him that they might ask them whether I told a lie or not. And when they said they had them, he asked me, What is become of those twenty pieces of gold which thou didst receive upon the sale of a certain weight of uncoined money? I replied, that I had given them to those ambassadors of theirs, as a maintenance for them, when they were sent by them to Jerusalem. So Jonathan and his colleagues said that I had not done well to pay the ambassadors out of the public money. And when the multitude were very angry at them for this, for they perceived the wickedness of the men, I understood that a tumult was going to arise; and being desirous to provoke the people to a greater rage against the men, I said, "But if I have not done well in paying our ambassadors out of the public stock, leave off your anger at me, for I will repay the twenty pieces of gold myself."

Now, when I had settled the affairs of Tiberias, and had assembled my friends as a sanhedrim, I consulted what I should do as to John. Whereupon it appeared to be the opinion of all the Galileans, that I should arm them all, and march against John, and punish him as the author of all the disorders that had happened. Yet was not I pleased with their determination; as purposing to compose these troubles without bloodshed. Upon this I exhorted them to use the utmost care to learn the names of all that were under John; which when they had done, and I thereby was apprized who the men were, I published an edict, wherein I offered security and my right hand to such of John's party as had a mind to repent; and I allowed twenty days' time to such as would take this most advantageous course for themselves. I also threatened, that unless they threw down their arms, I would burn their houses, and expose their goods to public sale. When the men heard of this, they were in no small disorder, and deserted John; and to the number of four thousand threw down their arms, and came to me. So that no others staid with John but his own citizens, and about fifteen hundred strangers that came from the metropolis of Tyre; and when John saw that he had been outwitted by my stratagem, he continued afterward in his own country, and was in great fear of me.

About the same time it was that Caesar sent a letter to Bassus, and to Liberius Maximus, who was the procurator [of Judea], and gave order that all Judea should be exposed to sale for he did not found any city there, but reserved the country for himself. However, he assigned a place for eight hundred men only, whom he had dismissed from his army, which he gave them for their habitation; it is called Emmaus, and is distant from Jerusalem threescore furlongs. He also laid a tribute upon the Jews wheresoever they were, and enjoined every one of them to bring two drachmae every year into the Capitol, as they used to pay the same to the temple at Jerusalem. And this was the state of the Jewish affairs at this time.

Now the greatest part of offenses with us are capital; as if any one be guilty of adultery; if any one force a virgin; if any one be so impudent as to attempt sodomy with a male; or if, upon another's making an attempt upon him, he submits to be so used. There is also a law for slaves of the like nature, that can never be avoided. Moreover, if any one cheats another in measures or weights, or makes a knavish bargain and sale, in order to cheat another; if any one steals what belongs to another, and takes what he never deposited; all these have punishments allotted them; not such as are met with among other nations, but more severe ones. And as for attempts of unjust behavior towards parents, or for impiety against God, though they be not actually accomplished, the offenders are destroyed immediately. However, the reward for such as live exactly according to the laws is not silver or gold; it is not a garland of olive branches or of small age, nor any such public sign of commendation; but every good man hath his own conscience bearing witness to himself, and by virtue of our legislator's prophetic spirit, and of the firm security God himself affords such a one, he believes that God hath made this grant to those that observe these laws, even though they be obliged readily to die for them, that they shall come into being again, and at a certain revolution of things shall receive a better life than they had enjoyed before. Nor would I venture to write thus at this time, were it not well known to all by our actions that many of our people have many a time bravely resolved to endure any sufferings, rather than speak one word against our law.

Some such desire, I apprehend, was indicated by him who said, “I am in a strait betwixt two, having a desire to depart, and to be with Christ, which is far better;” knowing that when he should have returned to Christ he would then know more clearly the reasons of all things which are done on earth, either respecting man, or the soul of man, or the mind; or regarding any other subject, such as, for instance, what is the Spirit that operates, what also is the vital spirit, or what is the grace of the Holy Spirit that is given to believers. Then also will he understand what Israel appears to be, or what is meant by the diversity of nations; what the twelve tribes of Israel mean, and what the individual people of each tribe. Then, too, will he understand the reason of the priests and Levites, and of the different priestly orders, the type of which was in Moses, and also what is the true meaning of the jubilees, and of the weeks of years with God. He will see also the reasons for the festival days, and holy days, and for all the sacrifices and purifications. He will perceive also the reason of the purgation from leprosy, and what the different kinds of leprosy are, and the reason of the purgation of those who lose their seed. He will come to know, moreover, what are the good influences, and their greatness, and their qualities; and those too which are of a contrary kind, and what the affection of the former, and what the strife-causing emulation of the latter is towards men. He will behold also the nature of the soul, and the diversity of animals (whether of those which live in the water, or of birds, or of wild beasts), and why each of the genera is subdivided into so many species; and what intention of the Creator, or what purpose of His wisdom, is concealed in each individual thing. He will become acquainted, too, with the reason why certain properties are found associated with certain roots or herbs, and why, on the other hand, evil effects are averted by other herbs and roots. He will know, moreover, the nature of the apostate angels, and the reason why they have power to flatter in some things those who do not despise them with the whole power of faith, and why they exist for the purpose of deceiving and leading men astray. He will learn, too, the judgment of Divine Providence on each individual thing; and that, of those events which happen to men, none occur by accident or chance, but in accordance with a plan so carefully considered, and so stupendous, that it does not overlook even the number of the hairs of the heads, not merely of the saints, but perhaps of all human beings, and the plan of which providential government extends even to caring for the sale of two sparrows for a denarius, whether sparrows there be understood figuratively or literally. Now indeed this providential government is still a subject of investigation, but then it will be fully manifested. From all which we are to suppose, that meanwhile not a little time may pass by until the reason of those things only which are upon the earth be pointed out to the worthy and deserving after their departure from life, that by the knowledge of all these things, and by the grace of full knowledge, they may enjoy an unspeakable joy. Then, if that atmosphere which is between heaven and earth is not devoid of inhabitants, and those of a rational kind, as the apostle says, “Wherein in times past ye walked according to the course of this world, according to the prince of the power of the air, the spirit who now worketh in the children of disobedience.” And again he says, “We shall be caught up in the clouds to meet Christ in the air, and so shall we ever be with the Lord.”

In the person of the Jew, Celsus continues to find fault with Jesus, alleging that “he did not show himself to be pure from all evil.” Let Celsus state from what “evil” our Lord did not show Himself to be pure. If he means that He was not pure from what is properly termed “evil,” let him clearly prove the existence of any wicked work in Him. But if he deems poverty and the cross to be evils, and conspiracy on the part of wicked men, then it is clear that he would say that evil had happened also to Socrates, who was unable to show himself pure from evils. And how great also the other band of poor men is among the Greeks, who have given themselves to philosophical pursuits, and have voluntarily accepted a life of poverty, is known to many among the Greeks from what is recorded of Democritus, who allowed his property to become pasture for sheep; and of Crates, who obtained his freedom by bestowing upon the Thebans the price received for the sale of his possessions. Nay, even Diogenes himself, from excessive poverty, came to live in a tub; and yet, in the opinion of no one possessed of moderate understanding, was Diogenes on that account considered to be in an evil (sinful) condition.

Rabbi Meir says: [if produce] which is usually measured out [for sale] in a large [quantity] was measured out in a small [quantity], the small quantity is treated as if it was a large [quantity]. If [produce] which is usually measured out for sale in a small [quantity] was measured out in a large [quantity], the large [quantity] is treated as if it was a small [quantity]. What is considered a large quantity? For dry [produce] three kavs, and for liquids, the value of one dinar. Rabbi Yose says: baskets of figs, baskets of grapes, and bushels of vegetables when he sells them in lumps, they are exempt [from the rules of demai].

Rabbi Meir says: [if produce] which is usually measured out [for sale] in a large [quantity] was measured out in a small [quantity], the small quantity is treated as if it was a large [quantity]. If [produce] which is usually measured out for sale in a small [quantity] was measured out in a large [quantity], the large [quantity] is treated as if it was a small [quantity]. What is considered a large quantity? For dry [produce] three kavs, and for liquids, the value of one dinar. Rabbi Yose says: baskets of figs, baskets of grapes, and bushels of vegetables when he sells them in lumps, they are exempt [from the rules of demai].

One who lends jars for maaser sheni [wine], even if they were corked, they do not acquire [the sanctity of] maaser sheni. If wine was poured into them without specifying [that it was for sale] they do not acquire [the sanctity of] maaser sheni before they are corked, but after they are corked they acquire [the sanctity of] maaser sheni. Before they are corked they are neutralized in a hundred and one, but after they are corked they sanctify any quantity. Before they are corked terumah may be taken from one jar for all the others, but after they are corked terumah must be taken from each jar separately.

In a place where it is the custom to sell small domesticated animals to non-Jews, such sale is permitted; but where the custom is not to sell, such sale is not permitted. In no place however is it permitted to sell large animals, calves or foals, whether whole or maimed. Rabbi Judah permits in the case of a maimed one. And Ben Bateira permits in the case of a horse.

In a place where it is the custom to sell small domesticated animals to non-Jews, such sale is permitted; but where the custom is not to sell, such sale is not permitted. In no place however is it permitted to sell large animals, calves or foals, whether whole or maimed. Rabbi Judah permits in the case of a maimed one. And Ben Bateira permits in the case of a horse.

What was done with the surplus of the appropriation? [They would buy] plates of gold for covering the interior of the Holy of Holies. Rabbi Ishmael says: the surplus [from the sale] of the produce was used for the altar’s ‘dessert’, and the surplus of the appropriation was used for the ministering vessels. Rabbi Akiva says: the surplus of the appropriation was used for the altar’s ‘dessert’, and the surplus of the libations was used for the ministering vessels. Rabbi Hananiah the chief of the priests says: the surplus of the libations was used for the altar’s ‘dessert’, and the surplus of the appropriation was used for the ministering vessels. Neither of these [two sages] allowed [a profit from the sale of] the produce.

What was done with the surplus of the appropriation? [They would buy] plates of gold for covering the interior of the Holy of Holies. Rabbi Ishmael says: the surplus [from the sale] of the produce was used for the altar’s ‘dessert’, and the surplus of the appropriation was used for the ministering vessels. Rabbi Akiva says: the surplus of the appropriation was used for the altar’s ‘dessert’, and the surplus of the libations was used for the ministering vessels. Rabbi Hananiah the chief of the priests says: the surplus of the libations was used for the altar’s ‘dessert’, and the surplus of the appropriation was used for the ministering vessels. Neither of these [two sages] allowed [a profit from the sale of] the produce.

Wherever there is the right of sale there is a fine and wherever there is a fine there is no right of sale. In the case of a minor there is the right of sale and there is no fine; In the case of a young woman there is a fine but no right of sale. In the case of a girl who has reached majority age there is no right of sale and there is no fine.

Wherever there is the right of sale there is a fine and wherever there is a fine there is no right of sale. In the case of a minor there is the right of sale and there is no fine; In the case of a young woman there is a fine but no right of sale. In the case of a girl who has reached majority age there is no right of sale and there is no fine.

Wherever there is the right of sale there is a fine and wherever there is a fine there is no right of sale. In the case of a minor there is the right of sale and there is no fine; In the case of a young woman there is a fine but no right of sale. In the case of a girl who has reached majority age there is no right of sale and there is no fine.

Wherever there is the right of sale there is a fine and wherever there is a fine there is no right of sale. In the case of a minor there is the right of sale and there is no fine; In the case of a young woman there is a fine but no right of sale. In the case of a girl who has reached majority age there is no right of sale and there is no fine.

Wherever there is the right of sale there is a fine and wherever there is a fine there is no right of sale. In the case of a minor there is the right of sale and there is no fine; In the case of a young woman there is a fine but no right of sale. In the case of a girl who has reached majority age there is no right of sale and there is no fine.

If a widow whose ketubah was two hundred zuz sold [land] worth a maneh for two hundred zuz or [land] worth two hundred zuz for one maneh, she has received her ketubah. If her kethubah was one maneh, and she sold [land] worth a maneh and a denar’ for one maneh, her sale is void. Even if she says, “I will return the denar to the heirs”, her sale is void. Rabban Shimon ben Gamaliel says: her sale is always valid unless there was so much land there as to allow her to leave a field of nine kab, and from a garden an area of half a kab, or, according to Rabbi Akiba, a quarter of a kab. If her ketubah was four hundred zuz and she sold [land] to [three] persons, to each for one maneh, and to a fourth [she sold] what was worth a maneh and a denar for one maneh, [the sale] to the last person is void but [the sale] to all the others are valid.

If a widow whose ketubah was two hundred zuz sold [land] worth a maneh for two hundred zuz or [land] worth two hundred zuz for one maneh, she has received her ketubah. If her kethubah was one maneh, and she sold [land] worth a maneh and a denar’ for one maneh, her sale is void. Even if she says, “I will return the denar to the heirs”, her sale is void. Rabban Shimon ben Gamaliel says: her sale is always valid unless there was so much land there as to allow her to leave a field of nine kab, and from a garden an area of half a kab, or, according to Rabbi Akiba, a quarter of a kab. If her ketubah was four hundred zuz and she sold [land] to [three] persons, to each for one maneh, and to a fourth [she sold] what was worth a maneh and a denar for one maneh, [the sale] to the last person is void but [the sale] to all the others are valid.

If a widow whose ketubah was two hundred zuz sold [land] worth a maneh for two hundred zuz or [land] worth two hundred zuz for one maneh, she has received her ketubah. If her kethubah was one maneh, and she sold [land] worth a maneh and a denar’ for one maneh, her sale is void. Even if she says, “I will return the denar to the heirs”, her sale is void. Rabban Shimon ben Gamaliel says: her sale is always valid unless there was so much land there as to allow her to leave a field of nine kab, and from a garden an area of half a kab, or, according to Rabbi Akiba, a quarter of a kab. If her ketubah was four hundred zuz and she sold [land] to [three] persons, to each for one maneh, and to a fourth [she sold] what was worth a maneh and a denar for one maneh, [the sale] to the last person is void but [the sale] to all the others are valid.

If a widow whose ketubah was two hundred zuz sold [land] worth a maneh for two hundred zuz or [land] worth two hundred zuz for one maneh, she has received her ketubah. If her kethubah was one maneh, and she sold [land] worth a maneh and a denar’ for one maneh, her sale is void. Even if she says, “I will return the denar to the heirs”, her sale is void. Rabban Shimon ben Gamaliel says: her sale is always valid unless there was so much land there as to allow her to leave a field of nine kab, and from a garden an area of half a kab, or, according to Rabbi Akiba, a quarter of a kab. If her ketubah was four hundred zuz and she sold [land] to [three] persons, to each for one maneh, and to a fourth [she sold] what was worth a maneh and a denar for one maneh, [the sale] to the last person is void but [the sale] to all the others are valid.

If a widow whose ketubah was two hundred zuz sold [land] worth a maneh for two hundred zuz or [land] worth two hundred zuz for one maneh, she has received her ketubah. If her kethubah was one maneh, and she sold [land] worth a maneh and a denar’ for one maneh, her sale is void. Even if she says, “I will return the denar to the heirs”, her sale is void. Rabban Shimon ben Gamaliel says: her sale is always valid unless there was so much land there as to allow her to leave a field of nine kab, and from a garden an area of half a kab, or, according to Rabbi Akiba, a quarter of a kab. If her ketubah was four hundred zuz and she sold [land] to [three] persons, to each for one maneh, and to a fourth [she sold] what was worth a maneh and a denar for one maneh, [the sale] to the last person is void but [the sale] to all the others are valid.

If an assessment of the judges was one sixth less, or one sixth more [than the actual value of the property] their sale is void. Rabban Shimon ben Gamaliel says: their sale is valid for, otherwise, of what advantage is the power of a court? But if they made a bill for inspection, their sale is valid even if they sold for two hundred zuz what was worth one maneh or for one maneh what was worth two hundred zuz.

If an assessment of the judges was one sixth less, or one sixth more [than the actual value of the property] their sale is void. Rabban Shimon ben Gamaliel says: their sale is valid for, otherwise, of what advantage is the power of a court? But if they made a bill for inspection, their sale is valid even if they sold for two hundred zuz what was worth one maneh or for one maneh what was worth two hundred zuz.

If an assessment of the judges was one sixth less, or one sixth more [than the actual value of the property] their sale is void. Rabban Shimon ben Gamaliel says: their sale is valid for, otherwise, of what advantage is the power of a court? But if they made a bill for inspection, their sale is valid even if they sold for two hundred zuz what was worth one maneh or for one maneh what was worth two hundred zuz.

If a man contests [the ownership of] a field and he has signed as a witness on [its deed of sale], Admon says: He can say, “[Litigation with] the second is easier for me, since the first is a more difficult person than he”. But the Sages say: He lost his right. If [the protester] made it a boundary mark [when selling an adjacent piece of land to] another person he has lost his right [to protest].

If a man produced a debt document against another, and the latter produced [a deed of sale showing] that the former had sold him a field, Admon ruled: [The other] can say, had I owed you [anything] you should have been paid pack when you sold me the field”. But the Sages say: This [seller] was clever, since he may have sold him the land in order to be able to take it from him as a pledge.

[A scribe] who writes out formulas of bills of divorce must leave blank spaces for the name of the man and the name of the woman and the date. [A scribe who writes] loan documents must leave blank spaces for the name of the lender, the name of the borrower, the amount of money and the date. [A scribe who writes] sale documents must leave blank spaces for the name of the seller, the name of the purchaser, the amount of money, the property and the date; [These spaces must be left blank] because of the “takkanah” (enactment). Rabbi Judah disqualifies all of them. Rabbi Elazar validates all of them valid except divorce documents, as it says, “He writes for her” (Deut 24:1), expressly for her.

A deaf-mute can gesture and be gestured at [and thereby conduct transactions]. Ben Betera says that he may make lip-motions, if the transaction is of movable property. The purchase or sale done by young children in movable property is valid.

If he (the claimant) named what was lost but could not describe its distinctive marks, he should not give it back to him. And it should not be give to a [known] deceiver, even if he describes its distinctive marks, as it is said [in the verse, Deut. 22:2]: “Until your fellow claims it”, [which is to say] until you inquire about your fellow, if he is a deceiver or not. Whatsoever works and eats, let it work and eat [while in the finder’s care]. But whatsoever does not work and eat should be sold, as it is said [in the verse, Deut. 22:2]: “And you shall return it to him”, See how you can return it to him. What shall be with the money [from the sale]? Rabbi Tarfon says: “He may use it, therefore if it is lost he is responsible for it.” Rabbi Akiva says: “He may not use it, therefore if it is lost he is not responsible for it.”

Fraud is an overcharge of 4 pieces of silver out of 24 pieces of silver, which make up a sela, one-sixth of the purchase price. Until what time may [he that is defrauded] retract [the sale]? Until he [has time] to show [his purchase] to a merchant or to his kinsman. Rabbi Tarfon gave instruction in Lud: “Fraud is an overcharge of 8 pieces of silver to the seller, a third of the purchase price”, and the merchants of Lod celebrated. He said to them: “He may retract any time within a whole day.” They said to him: “Leave us as we were, Rabbi Tarfon”, and they reverted to the teaching of the Sages.

These are the things to which the laws of fraud through overcharging do not apply: The sale of slaves, debt documents, land and what belongs to the Temple. They are not subject to twofold restitution, nor fourfold or fivefold restitution. An unpaid guardian does not take an oath [on their account, that he did not damage them] nor does a paid guardian make compensation [if they are lost on his watch]. Rabbi Shimon says: “Holy Things for which he is responsible, are subject to the laws of fraud through overcharging, and Holy Things for which he is not responsible are not subject to the laws of fraud through overcharging.” Rabbi Judah says: “Also one who sells a Torah scroll, and an animal or a pearl they are not subject to the laws of fraud through overcharging.” They (the Sages) said to him: “They only said these.”

Nor [has he sold] the cistern or the cellar, even though he had written in the deed of sale, “the depth and height”. And he [the seller] must buy himself a path [from the new owner to reach the cellar or cistern], according to Rabbi Akiva. But the Sages say: “He need not buy himself a path.” And Rabbi Akiva agrees that if he had said to him, “Excepting these [the cistern or cellar]” that he need not buy himself a path. If he sold them [the cellar or cistern] to another, Rabbi Akiva says: “He need not buy himself a path.” But the Sages say: “He must buy himself a path.”

[If he said], “I will sell you [a piece of land] as measured by the rope, whether it is less or more” the condition “whether it is less or more” makes void the condition “as measured by the rope”. [And if he said], “Be it less or more, as measured by the rope”, the condition “as measured by the rope” makes void the condition “be it less or more”, according to Ben Nanas. [If he said, I will sell you a piece of land] by its marks and its boundaries”, and the difference was less than a sixth, the sale stands. If it was as much a sixth the buyer may reduce the price.

They may write out a bill of divorce for a man even if his wife is not with him, or a receipt (stating that the husband has paid the ketubah debt) for the wife even if her husband is not with her, provided that he (the scribe) knows them. And the husband pays the (scribe’s) fee. They may write out a document for the debtor even though the creditor is not with him, but they may not write out a document for the creditor unless the debtor is with him. And the debtor pays the (scribe’s) fee. They may write out a deed of sale for the seller although the buyer is not with him, but they may not write it out for the buyer unless the seller is with him. And the buyer pays the (scribe’s) fee.

The following things are forbidden to be sold to idolaters: iztroblin, bnoth-shuah with their stems, frankincense, and a white rooster. Rabbi Judah says: it is permitted to sell a white rooster to an idolater among other roosters; but if it be by itself, one should clip its spur and then sell it to him, because a defective [animal] is not sacrificed to an idol. As for other things, if they are not specified their sale is permitted, but if specified it is forbidden. Rabbi Meir says: also a “good-palm”, hazab and niklivas are forbidden to be sold to idolaters.

In a place where it is the custom to sell small domesticated animals to non-Jews, such sale is permitted; but where the custom is not to sell, such sale is not permitted. In no place however is it permitted to sell large animals, calves or foals, whether whole or maimed. Rabbi Judah permits in the case of a maimed one. And Ben Bateira permits in the case of a horse.

In a place where it is the custom to sell small domesticated animals to non-Jews, such sale is permitted; but where the custom is not to sell, such sale is not permitted. In no place however is it permitted to sell large animals, calves or foals, whether whole or maimed. Rabbi Judah permits in the case of a maimed one. And Ben Bateira permits in the case of a horse.

The following do not return [to their owners] in Jubilee year: The share of the first-born, [The inheritance of] one who inherits his wife's [estate] [And of] one who performs yibbum with his sister-in-law And a present, the words of Rabbi Meir. But the sages say: a present is like a sale. Rabbi Eliezer says: all of these return in the Jubilee. R. Johanan ben Berokah says: if one inherits his wife's estate, he returns it to the members of the family and he deducts from the purchase money.

“He who thins out gives peah for what is left.” It was stated (Tosephta Peah 1:10): Rebbi Jehudah said: When has this been said? If he thins for sale, but if he thins for his own use he gives from the remnant for everything. Rebbi Zeïra said, that means, if he sowed thickly in order to thin later. But if he sowed thickly without intention to thin later, not only if he uses it for himself but even for the market he gives from the remnant for everything.

Rebbi Jehudah said, they argued before Rabban Gamliel: Because betrothed she is his wife and married she is his wife; just as the sale by the latter is void, the sale by the former also should be void. He said to them, we are ashamed of the new ones, now you want to roll old ones over us! The new ones, after nissuïn, the old ones before nissuïn, when she was married in the second ceremony.

Rebbi Jehudah said, they argued before Rabban Gamliel: Because betrothed she is his wife and married she is his wife; just as the sale by the latter is void, the sale by the former also should be void. He said to them, we are ashamed of the new ones, now you want to roll old ones over us! The new ones, after nissuïn, the old ones before nissuïn, when she was married in the second ceremony.

They asked Rebbi Joḥanan: May Sabbatical produce become freed by redemption? He said to them, why not? Rebbi Eleazar said, Sabbatical produce cannot become freed by redemption, only by sale. A baraita supports one, a baraita supports the other. A baraita supports Rebbi Joḥanan: “Anybody who has money that is Sabbatical and he wants to redeem it by his dough may redeeem it.” A baraita supports Rebbi Eleazar: “If somebody has a tetradrachma of Sabbatical money and he wants to buy a garment goes to the grocer he usually deals with and says to him, give me fruits for this. He gives them to him. Then he says, these fruits are given to you as a gift and the grocer says, this tetradrachma is given to you as a gift. Then he goes and buys himself a garment.”

HALAKHAH: Samuel said, this is Rebbi Meїr’s opinion since Rebbi Meїr says a gift is not like a sale. Rebbi Yose said, it is the opinion of everybody. This was asked of those from Rebbi Yannai’s house and they said, we used to give to one another in the fields and ate without putting in order. How can this be? Following him who held that they accepted tithes voluntarily.

The colleagues in the name of Rebbi Joḥanan: So did Rebbi Jehudah disprove Rebbi Meїr[’s argument]: Do you not concede to me that one who gives to his son is free? What is the difference between gathering and giving to his son or gathering and giving to another person? Rebbi Yudan asked: What did you see to say ‘if he gathers and delivers,’ can we not say ‘if he gathers and eats’? Rebbi Mana said, there cannot be “if he gathers and eats”, only “if he gathers and delivers,” because of that rose garden. Can you say the rose garden [is a case of] gathering and eating? No, gathering and delivering! There also, he gathers and delivers because he would say to him, if you enter you will damage its roses! A baraita disagrees with Rebbi Mana’s argument: “ ‘I am selling you the vineyard’, this is a valid sale even if there are no vines since he sells him [the real estate] by description. ‘I am selling you the orchard’, this is a valid sale even if there are no trees since he sells him [the real estate] by description.’ ”

The colleagues in the name of Rebbi Joḥanan: So did Rebbi Jehudah disprove Rebbi Meїr[’s argument]: Do you not concede to me that one who gives to his son is free? What is the difference between gathering and giving to his son or gathering and giving to another person? Rebbi Yudan asked: What did you see to say ‘if he gathers and delivers,’ can we not say ‘if he gathers and eats’? Rebbi Mana said, there cannot be “if he gathers and eats”, only “if he gathers and delivers,” because of that rose garden. Can you say the rose garden [is a case of] gathering and eating? No, gathering and delivering! There also, he gathers and delivers because he would say to him, if you enter you will damage its roses! A baraita disagrees with Rebbi Mana’s argument: “ ‘I am selling you the vineyard’, this is a valid sale even if there are no vines since he sells him [the real estate] by description. ‘I am selling you the orchard’, this is a valid sale even if there are no trees since he sells him [the real estate] by description.’ ”

Rebbi Jonah asked: Does the fixing of the price create ṭevel in a sale? Or maybe, since the owners can take it back there is no ṭevel? Rebbi Mana asked: Think of it if one was put in his mouth! Is it not unappetizing? Can he give it back? If you say so, is he not eating ṭevel retroactively? That means, the fixing of the price is like a sale.

Rebbi Jonah asked: Does the fixing of the price create ṭevel in a sale? Or maybe, since the owners can take it back there is no ṭevel? Rebbi Mana asked: Think of it if one was put in his mouth! Is it not unappetizing? Can he give it back? If you say so, is he not eating ṭevel retroactively? That means, the fixing of the price is like a sale.

Rebbi Eleazar in the name of Rebbi Hoshaia: The Mishnah speaks of a harvesting basket of figs. In the House of Rebbi Yannai they said, even a branch. Rebbi Eleazar ben Antigonos in the name of Rebbi Eleazar ben Rebbi Yannai: Explain it for a fig tree reserved for the Sabbath. Example: Rebbi Ḥiyya, Rebbi Assi and Rebbi Ammi were sitting together when somebody passed by with a harvesting basket of figs. He said to him, [we want] to buy! He answered, the Sabbath basket is not for sale.

“If somebody collected in order to send to a friend, it is free.” Rav said, he is forbidden to eat. Rebbi Shammai said before Rebbi Yose in the name of Rav Aḥa: Rav said this in case he brought it into a secure courtyard, following Rebbi Meїr. Rebbi Mana said, our Mishnah implies this: “If somebody bought standing produce, it is free.” Therefore, after it was cut it is obligated. Who is the person who holds that a sale induces ṭevel for produce not fully processed? Is this not Rebbi Meїr? Rebbi Ḥiyya in the name of Rebbi Joḥanan, it is from Rebbi Jehudah. It was stated so: “Rebbi Jehudah says in the name of Rebbi Eleazar ben Azariah, also he who sends to his friend olives from the press, young plants, and bundles of fenugreek, should not eat before he tithed since people usually send these things to their friends as ṭevel.” Rebbi Simeon ben Laqish said, even if a Fellow sent to a Fellow, he has to tithe. The colleagues asked, we can understand a vulgar who is suspect; is a Fellow suspect? Rebbi Yose said, is the vulgar not like a Fellow in matters of heave? It really is so: People usually send these things as ṭevel to their friends.

Who is the Tanna of “one does not sell it”? Rebbi Meїr! But for Rebbi Jehudah it should be logical that it be permitted to be sold, by an argument a minore ad majus: If it is permitted to sell heave which is forbidden to lay people, since Second Tithe is permitted to lay people, one should certainly be permitted to sell it. No, if you assert this for heave which does not need an enclosure, what can you imply for Second Tithe which needs an enclosure? First Fruits shall prove it which need an enclosure and one may sell them! No, if you assert this for First Fruits which do not implicate their monetary substitute, what can you imply for Second Heave which implicates its monetary substitute! The Sabbatical shall prove it which implicates its monetary substitute and it is permitted to sell it! Rebbi Yudan said, from this? The sale of Sabbatical produce is its redemption.

“But they may give free gifts to one another.” Our Mishnah is Rebbi Meїr’s since Rebbi Meїr says a gift is not like a sale. Rebbi Yose said, here it is everybody’s opinion, following what was stated: A person says to his neighbor [in Jerusalem]: What did you eat today? If that one says summer figs, he knows that it was firstling. Just as summer figs are sold cheaply, so firstlings are sold cheaply. If that one said manna, he knows that it was Second Tithe. Just as manna was given as a gift, so Second Tithe may be given as a gift. They objected: Everybody agrees that animal tithe cannot be sold; do you say it can be given as a gift? This also can be given as a gift. Rebbi Mana did not say so but was following Rebbi Jehudah since Rebbi Jehudah said He made it one’s property. They objected: Everybody agrees that animal tithe is not one’s property; do you say it can be given as a gift? This also can be given as a gift.

Rebbi Abba bar Jacob in the name of Rebbi Joḥanan: It is said here (Lev. 27:33): “It may not be redeemed.” It has been said about Cohanim‘s bans (Lev. 27:28) “It may not be sold or redeemed.” Since “it may not be redeemed” for Cohanim’s bans includes sale, so “it may not be redeemed” here includes sale. Rebbi Jacob the Southerner asked before Rebbi Yose: Is it not written about a firstling (Num. 18:17) “it should not be redeemed?” About a blemished animal. For animal tithe, the Torah made no difference between living and slaughtered, unblemished and blemished.

Rebbi Abba bar Jacob in the name of Rebbi Joḥanan: It is said here (Lev. 27:33): “It may not be redeemed.” It has been said about Cohanim‘s bans (Lev. 27:28) “It may not be sold or redeemed.” Since “it may not be redeemed” for Cohanim’s bans includes sale, so “it may not be redeemed” here includes sale. Rebbi Jacob the Southerner asked before Rebbi Yose: Is it not written about a firstling (Num. 18:17) “it should not be redeemed?” About a blemished animal. For animal tithe, the Torah made no difference between living and slaughtered, unblemished and blemished.

HALAKHAH: There, we have stated: “One does not buy slaves, real estate, or unclean animals from Sabbatical money. If he did buy them, he has to eat their worth.” And here, you say so? Rebbi Jonah said, Rebbi Ḥiyya bar Josef and Samuel disagreed. One said here as a sale, there as redemption. The other one said here if the seller is present, there if the seller went away. We did not know who said what. Since Rebbi Yose said in the name of Samuel, the buy is acquired, that means he is the one who said here as a sale, there as redemption.

HALAKHAH: There, we have stated: “One does not buy slaves, real estate, or unclean animals from Sabbatical money. If he did buy them, he has to eat their worth.” And here, you say so? Rebbi Jonah said, Rebbi Ḥiyya bar Josef and Samuel disagreed. One said here as a sale, there as redemption. The other one said here if the seller is present, there if the seller went away. We did not know who said what. Since Rebbi Yose said in the name of Samuel, the buy is acquired, that means he is the one who said here as a sale, there as redemption.

After he transported it, may he say take your part and I shall take mine? May he say to him, take this barrel of wine and we shall eat the barrel of oil that is there. Is it similar with animal tithe? Second Tithe, since it has special conditions for a sale you say is forbidden but animal tithe since it has no conditions for a sale you say is permitted. It should not be clear to you that it is permitted. May he ask him, take and transport this domesticated or wild animal, and we shall eat meat from a ritually slaughtered animal there?

After he transported it, may he say take your part and I shall take mine? May he say to him, take this barrel of wine and we shall eat the barrel of oil that is there. Is it similar with animal tithe? Second Tithe, since it has special conditions for a sale you say is forbidden but animal tithe since it has no conditions for a sale you say is permitted. It should not be clear to you that it is permitted. May he ask him, take and transport this domesticated or wild animal, and we shall eat meat from a ritually slaughtered animal there?

“He who redeems his own Second Tithe adds a fifth, whether it was his own or was given to him as a gift.” Our Mishnah is Rebbi Meїr’s since Rebbi Meїr says, a gift is not like a sale. Rebbi Jonah said, it is the opinion of everybody, explain it with produce still ṭevel for tithes. But did we not state: “He who redeems his own fourth-year tree adds a fifth, whether it is his own or was given to him as a gift”? Can you say that this speaks about produce still ṭevel for (Second Tithe? We have stated) “fourth-year tree!” That means the fourth-year tree itself! So here, you will end up saying “tithe”.

What is the difference whether one says that one counts from Nisan or one counts from Tishre? Rebbi Jonah says, the difference is the proof power of documents. If he took a loan in Iyar and wrote in it, the second year of government; he sold real estate in Marḥeshwan and wrote in it, the second year of government. For him who says that one counts from Nisan, the loan preceded. For him who said that one counts from Tishre, the sale preceded.

Rav Ḥuna said, when the slain of Bettar were permitted to be buried, “the good and the benefactor” was fixed. “The good” that they did not decompose, “the benefactor” that they were permitted for burial. It was stated, Rebbi Yose said, 52 years Bettar existed after the destruction of the Temple. And why was it destroyed? For they lit lights after the destruction of the Temple. Why did they light lights? Because the council members of Jerusalem were dominating the center of the city. When they were seeing a person moving to Jerusalem they said to him, since we heard about you that you are aspiring to be made judge or councillor; he would say to them, that is not my intention. Because we heard about you that you intend to sell your property; he would say to them, that is not my intention. His colleague would say to him, what are you arguing with this one, write and I shall sign. He would write and his colleague would sign. They would send the sale document to his house companion and told him, if X comes to enter his property, do not let him, because it is sold to us. When he heard this from them he said, if only this man’s leg had been broken before he came to Jerusalem. That is what is written, they caught our steps, not to walk in our streets. They caught our steps, destroy the way to that House, our end is near, the end of this House is near, our days are fulfilled, the days of this House are fulfilled. They also did not come out well, he who enjoys disaster will not be acquitted.

Rebbi Jacob bar Aḥa said, there is disagreement about mortmain slaves. Rebbi Joḥanan said, if he sold them, they are not sold. Rebbi Eleazar said to him, they are eating heave by his power and you say so? He answered, do not paraphernalia slaves also eat by his power, and one says that if he sold them, they are not sold. From your own they gave to you. It would be logical that one should not eat heave. But they said that he eats, and they said, if he sold them, they are not sold. Rebbi Jacob bar Aḥa in the name of Rebbi Josiah. A baraita supports one and another baraita supports the other. A baraita supports Rebbi Eleazar: Paraphernalia slaves are freed on account of “tooth and eye” from the wife but not the husband. Mortmain slaves are freed by “tooth and eye” from the husband but not the wife. What does Rebbi Joḥanan do with this? They are quick to manumit, as we have stated: If somebody mortgages a slave and later sold him, he is not sold; if he freed him, he is freed. A baraita supports Rebbi Joḥanan: Neither mortmain slaves nor paraphernalia slaves are under the rules of “one or two days” and are freed by “tooth or eye” from neither the husband nor the wife. Where do they disagree? When he sold them forever or sold them for some time? If you say that he sold them permanently rather than temporarily, does everybody agree that they are sold? If you say that he sold them temporarily rather than permanently, does everybody agree that they are not sold? Let us hear from the following: If somebody mortgages his field to his wife for her ketubah or to a creditor for his claim and then sells it, it is sold and the buyer should beware for himself. Rabban Simeon ben Gamliel says, for the ketubah of the wife it is not sold since it is unthinkable that a woman should run around at courts of law. They said, Rebbi Eleazar parallels the rabbis, Rebbi Joḥanan Rabban Simeon ben Gamliel. That means, we deal with a temporary sale. But if he sold permanently, everybody agrees that they are not sold.

MISHNAH: Anytime there is a sale there is no fine and anytime there is a fine there is no sale. The underage girl is subject to sale but not to fine; the adolescent can claim a fine but has no sale; the adult has neither fine nor sale.

MISHNAH: Anytime there is a sale there is no fine and anytime there is a fine there is no sale. The underage girl is subject to sale but not to fine; the adolescent can claim a fine but has no sale; the adult has neither fine nor sale.

MISHNAH: Anytime there is a sale there is no fine and anytime there is a fine there is no sale. The underage girl is subject to sale but not to fine; the adolescent can claim a fine but has no sale; the adult has neither fine nor sale.

MISHNAH: Anytime there is a sale there is no fine and anytime there is a fine there is no sale. The underage girl is subject to sale but not to fine; the adolescent can claim a fine but has no sale; the adult has neither fine nor sale.

MISHNAH: Anytime there is a sale there is no fine and anytime there is a fine there is no sale. The underage girl is subject to sale but not to fine; the adolescent can claim a fine but has no sale; the adult has neither fine nor sale.

HALAKHAH: “Anytime there is a sale,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan: This is Rebbi Meïr’s. But for the rabbis there can be sale and fine together. Following Rebbi Meïr: From one day old until the age of 3 years and one day there is sale but no fine. From the age of 3 years and one day until she becomes an adult there is a fine but no sale. The adult, neither sale nor fine. Following the rabbis: From one day old until the age of 3 years and one day there is sale and fine together. From the age of 3 years and one day until she grows two pubic hairs there is sale but no fine. After she grows two pubic hairs until she becomes an adult there is a fine but no sale. The adult, neither sale nor fine.

HALAKHAH: “Anytime there is a sale,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan: This is Rebbi Meïr’s. But for the rabbis there can be sale and fine together. Following Rebbi Meïr: From one day old until the age of 3 years and one day there is sale but no fine. From the age of 3 years and one day until she becomes an adult there is a fine but no sale. The adult, neither sale nor fine. Following the rabbis: From one day old until the age of 3 years and one day there is sale and fine together. From the age of 3 years and one day until she grows two pubic hairs there is sale but no fine. After she grows two pubic hairs until she becomes an adult there is a fine but no sale. The adult, neither sale nor fine.

HALAKHAH: “Anytime there is a sale,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan: This is Rebbi Meïr’s. But for the rabbis there can be sale and fine together. Following Rebbi Meïr: From one day old until the age of 3 years and one day there is sale but no fine. From the age of 3 years and one day until she becomes an adult there is a fine but no sale. The adult, neither sale nor fine. Following the rabbis: From one day old until the age of 3 years and one day there is sale and fine together. From the age of 3 years and one day until she grows two pubic hairs there is sale but no fine. After she grows two pubic hairs until she becomes an adult there is a fine but no sale. The adult, neither sale nor fine.

HALAKHAH: “Anytime there is a sale,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan: This is Rebbi Meïr’s. But for the rabbis there can be sale and fine together. Following Rebbi Meïr: From one day old until the age of 3 years and one day there is sale but no fine. From the age of 3 years and one day until she becomes an adult there is a fine but no sale. The adult, neither sale nor fine. Following the rabbis: From one day old until the age of 3 years and one day there is sale and fine together. From the age of 3 years and one day until she grows two pubic hairs there is sale but no fine. After she grows two pubic hairs until she becomes an adult there is a fine but no sale. The adult, neither sale nor fine.

HALAKHAH: “Anytime there is a sale,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan: This is Rebbi Meïr’s. But for the rabbis there can be sale and fine together. Following Rebbi Meïr: From one day old until the age of 3 years and one day there is sale but no fine. From the age of 3 years and one day until she becomes an adult there is a fine but no sale. The adult, neither sale nor fine. Following the rabbis: From one day old until the age of 3 years and one day there is sale and fine together. From the age of 3 years and one day until she grows two pubic hairs there is sale but no fine. After she grows two pubic hairs until she becomes an adult there is a fine but no sale. The adult, neither sale nor fine.

HALAKHAH: “Anytime there is a sale,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan: This is Rebbi Meïr’s. But for the rabbis there can be sale and fine together. Following Rebbi Meïr: From one day old until the age of 3 years and one day there is sale but no fine. From the age of 3 years and one day until she becomes an adult there is a fine but no sale. The adult, neither sale nor fine. Following the rabbis: From one day old until the age of 3 years and one day there is sale and fine together. From the age of 3 years and one day until she grows two pubic hairs there is sale but no fine. After she grows two pubic hairs until she becomes an adult there is a fine but no sale. The adult, neither sale nor fine.

HALAKHAH: “Anytime there is a sale,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan: This is Rebbi Meïr’s. But for the rabbis there can be sale and fine together. Following Rebbi Meïr: From one day old until the age of 3 years and one day there is sale but no fine. From the age of 3 years and one day until she becomes an adult there is a fine but no sale. The adult, neither sale nor fine. Following the rabbis: From one day old until the age of 3 years and one day there is sale and fine together. From the age of 3 years and one day until she grows two pubic hairs there is sale but no fine. After she grows two pubic hairs until she becomes an adult there is a fine but no sale. The adult, neither sale nor fine.

HALAKHAH: “Anytime there is a sale,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan: This is Rebbi Meïr’s. But for the rabbis there can be sale and fine together. Following Rebbi Meïr: From one day old until the age of 3 years and one day there is sale but no fine. From the age of 3 years and one day until she becomes an adult there is a fine but no sale. The adult, neither sale nor fine. Following the rabbis: From one day old until the age of 3 years and one day there is sale and fine together. From the age of 3 years and one day until she grows two pubic hairs there is sale but no fine. After she grows two pubic hairs until she becomes an adult there is a fine but no sale. The adult, neither sale nor fine.

HALAKHAH: “Anytime there is a sale,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan: This is Rebbi Meïr’s. But for the rabbis there can be sale and fine together. Following Rebbi Meïr: From one day old until the age of 3 years and one day there is sale but no fine. From the age of 3 years and one day until she becomes an adult there is a fine but no sale. The adult, neither sale nor fine. Following the rabbis: From one day old until the age of 3 years and one day there is sale and fine together. From the age of 3 years and one day until she grows two pubic hairs there is sale but no fine. After she grows two pubic hairs until she becomes an adult there is a fine but no sale. The adult, neither sale nor fine.

Rebbi Jehudah said, they argued before Rabban Gamliel: Because preliminarily married she is his wife and definitively married she is his wife; just as the sale by the latter is void, the sale by the former also should be void. He said to them, we are ashamed of the new ones, now you want to roll the new on over the old ones! The new ones, after the definitive marriage; the old ones before the definitive marriage, when she was married in the second ceremony.

Rebbi Jehudah said, they argued before Rabban Gamliel: Because preliminarily married she is his wife and definitively married she is his wife; just as the sale by the latter is void, the sale by the former also should be void. He said to them, we are ashamed of the new ones, now you want to roll the new on over the old ones! The new ones, after the definitive marriage; the old ones before the definitive marriage, when she was married in the second ceremony.

HALAKHAH: “If she inherited after she was definitively married,” etc. We did state: She may sell or give away and it is valid. Rebbi Ḥiyya stated: She should not sell or give away, but if she sold or gave away it is valid. ”Rebbi Ḥanina ben Aqiba said, that is not what Rabban Gamliel gave as answer, but the following was his argument: No, if you have an argument about a preliminarily married one, where he has rights neither to what she finds, nor to her handiwork, nor to dissolve her vows, what can you say about a definitively married one where he has rights to what she finds, to her handiwork, and to dissolve her vows? Let the proof be the case of one who [inherited] before the definitive marriage and then was definitively married, in which case he has rights to what she finds, to her handiwork, and to dissolve her vows, and you admit to us that she should not sell or give away. He said to them, I agree that she should not sell or give away, but if she sold or gave away it is valid..” There came a case before Rebbi Immi. He said, is not Rabban Gamliel’s an isolated opinion? One cannot rely on it. A baraita supports him and disagrees with him: ”Our teachers took up the case again, voted, and instructed about property which she inherited before the definitive marriage and then was definitively married, that she should not sell or give away, and if she sold or gave away it is invalid.” It disagrees that the sale is invalid. It agrees that our teachers took up the case again, instructed, and voted. Before they voted, they did not disagree with him.

HALAKHAH: “If she inherited old vines or olive trees,” etc. Rav Abun in the name of the rabbis there: The Mishnah deals with the case that she inherited olive trees but not their ground, vines but not their ground. But if she inherited olive trees with their ground, vines with their ground, she does not have to sell since her father’s house’s glory still exists. But the rabbis here say, even if she inherited olive trees with their ground, vines with their ground, did she not inherit the value of the olive grove, did she not inherit the value of the vineyard? A baraita supports the rabbis there: “ ‘I am selling you the vineyard’, this is a valid sale even if there are no vines since he sells him [the real estate] by description. ‘I am selling you the grove’, this is a valid sale even if there are no trees since he sells him [the real estate] by description.”

HALAKHAH: “If she inherited old vines or olive trees,” etc. Rav Abun in the name of the rabbis there: The Mishnah deals with the case that she inherited olive trees but not their ground, vines but not their ground. But if she inherited olive trees with their ground, vines with their ground, she does not have to sell since her father’s house’s glory still exists. But the rabbis here say, even if she inherited olive trees with their ground, vines with their ground, did she not inherit the value of the olive grove, did she not inherit the value of the vineyard? A baraita supports the rabbis there: “ ‘I am selling you the vineyard’, this is a valid sale even if there are no vines since he sells him [the real estate] by description. ‘I am selling you the grove’, this is a valid sale even if there are no trees since he sells him [the real estate] by description.”

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.