seller

And it shall be, as with the people, so with the priest; as with the servant, so with his master; as with the maid, so with her mistress; as with the buyer, so with the seller; as with the lender, so with the borrower; as with the taker of usury, so with the giver of usury to him.

The time is come, the day draweth near: let not the buyer rejoice, nor the seller mourn: for wrath is upon all the multitude thereof.

For the seller shall not return to that which is sold, although they were yet alive: for the vision is touching the whole multitude thereof, which shall not return; neither shall any strengthen himself in the iniquity of his life.

And a certain woman named Lydia, a seller of purple, of the city of Thyatira, which worshipped God, heard us: whose heart the Lord opened, that she attended unto the things which were spoken of Paul.

And when Satan learned this, he took the guise of a bread-seller, and it was as if by chance that my wife met him and asked him for bread thinking that it was that sort of man.

And so I ventured to go to the market without bashfulness, and when the bread-seller told me: "Give me money, and thou shalt have bread", I disclosed to him our state of distress.

THAT THE BISHOP OUGHT TO SHOW UNDERSTANDING IN RECEIVING OFFERINGS FROM THOSE (ONLY) THAT ARE WORTHY. [iv., 6.) THe bishop ought to show understanding and make a difference about receiving offerings in cases when it befitteth not. Beware, then, of the seller of strong drink, for far removed is his salvation from sin. Wherefore it is said, “ Woe unto them that mingle water with wine.”” Let us keep far from drunkenness and fornication, for the Lord God saith, “ Bring ye not an offering of the reward of fornication.” Beware of the extortioners and of them that lend their money on interest, and of the defiled in spirit. Those that make sacrifice thus are not well pleasing unto God. The bishop must needs keep far from those that oppress widows and orphans, and from those that fill the prison with the innocent who have done no wrong, and from those that lay a grievous burden of service on their servants, and torment them with hunger and thirst. The sacrifice of such men is unclean, receive it not from them, for everyone that doeth evil and speaketh iniquity is rejected of God. Let us keep far from robbers and publicans, and from them that make idols, and (from) seducers, and such as use false balances, and from wicked soldiers who plunder the houses of the poor and needy, and seize their goods unjustly. Beware, then of murderers and liers in wait by the way, and of the ungodly, and of those that pervert good works, and of unclean persons," and of drunkards, and of blasphemy, and above all of those that exact interest, for such are the enemies of God. For it is written, saying, “Better is a little with righteousness than the great riches of sinners.” And again it is written, saying, “Thou hast hated, O Lord, all workers of iniquity, and thou shalt destroy all them that speak lies.” But he that vexeth him that feedeth the widow and the orphan shall be condemned before God. For that which Adonias did is written in the book of Kings, how he transgressed against God, and ate bread and drank water in the place wherein the Lord commanded him that he should not eat, because of the transgression of Jeroboam the son of Nebat; and for this cause was he slain. For that which (a man) obtaineth by his toil for the sustenance of the widow, be it much or little, is acceptable before God, because it was not (gotten) by iniquity. For it is written, saying,’’ “Better is a little with righteousness than the great riches of sinners.” But if a widow eat and be filled at the hands of the ungodly, and pray for them, God shall not hear her prayer, for God trieth the heart and reins. For God saith concerning the ungodly and unbelievers, “Though Moses and Samuel stand and pray before me, I will not hear their prayer, nor pardon their sin.”, And (He spake) not concerning these alone, but of others also that have sinned, and refused to turn unto repentance. And when they pray He will not hear their prayer for them that do such things; but they provoke God to anger, and remember not the evil of their doings. [iv., 7.] Keep far, then, from all such deeds, for all they that do thus are transgressors of the Jaw. For Elisha did not receive the offering of Hazael who reigned over Syria, and Ahijah did not receive the offering of Jeroboam. But if the prophets of God did not receive offerings from the ungodly, in like manner it is right that bishops should fear to do so. And Simon the Sorcerer also brought presents to us, even to us, Peter and John, and planned to receive the honour which is above every honour. But we received not the presents from him, but bound him with eternal bonds. But he desired to snatch an honour that was not given unto him by God. Keep far, then, from the polluted offerings which they bring into the house of God. And again it is said, ‘Depart from iniquity in fear and trembling.”.; [iv., 8.] But if ye say, If we receive not offerings from the ungodly, what shall we give to the widows and orphans, and to the destitute who have no sustenance —if ye do thus it shall become sin unto you. For God hath appointed for you, as of old for the Levites, that they should receive offerings of the people. But if all this which hath been appointed for the Church is not sufficient for you, ye ought to endure patiently, and remain in hunger and in thirst, rather than receive offerings from the enemies of God, and become a laughing-stock and a mockery. And concerning these the prophet saith, ‘But let not my head be anointed with the oil of sinners.”! Take heed to receive offerings from such as do good; but from the ungodly receive them not. But if thou be destitute, tell the faithful brethren that love God, that they may give (thee) what thou needest. And from that which thou receivest from them, give unto the widows and orphans in righteousness. [iv., 9.] Solomon said to the people, “Give to the Lord of thy labour in righteousness, that he may fill thy barns with wheat and that thy wine-press “may gush forth.” And from the toil of the faithful clothe the naked, and entertain them from the offerings which (men) bring unto you, and do service unto them according to the ordinance of the saints, and redeem the captives, and visit the prisoners, and deliver those that (are appointed) unto death, that ye may find life before God. [iv., 10.] Behold, then, we command you that ye follow not the way of the ungodly and unbelievers, nor accept their offerings, nor take their money, for they are prepared as fuel for fire, and that ye be not partakers with them, for the offering of sinners is unclean in the sight of God. This have we spoken to you, brethren, for the profit of your souls.

And the bishop who is persuaded by error or by evil thought is not a bishop, but one with a false name. And he was not ordained by God, but by man. Like Ananyas and Samyas in Israel; and Sedekyas and Akiya, who were false prophets in Babilon. And Bala'am indeed the diviner was punished with punishment for corrupting the people of Israel with Be'el Fegor; and Kayafa at last was a self-murderer; and the sons of Askeva also, devising to expel demons, having been wounded by them, fled away suffering pains. And the kings of Esrael and of Juda when they all sinned were punished with punishment. It is clear then that bishops and presbyters with false names shall not escape from the punishment of God, and therefore it is said to them: Now, O ye priests who disgrace my Name, I will deliver you to the slaughter, as Sadeka and Akiya whom the king of Babilon roasted, as said Eremyas the prophet. This then we say, and we do not despise true prophecy, because we know that for prophecies the mind of God was upon righteous men, working (with them). But we are removing the audacity of the boastful; and we are bringing this near, (that) in the case of those who are such God removes their grace. For God resisteth the boastful, and giveth grace to the humble. Silas and Agabos amongst ourselves, when they prophesied, therefore did not make themselves equal to the Apostles nor overstepped their own measure, though they were lovers of God. And women have prophesied: first, the sister of Muse and sister of Aron, Maryam, and after this, Dobira, and after her, Ela, Aster, and Yudit: the one was with Yusyes and the other with Daryus. And the Mother of our Lord prophesied, and Elesabet also who was of her family, and Hana, and amongst ourselves also the daughters of Filepos; but these did not magnify themselves above men, but they kept their own measure. Therefore amongst you also, whether they are men or women, and they obtained any such grace, let them humble themselves, that God may delight in them, for he indeed said: To whom shall I look except to the humble and gentle and quiet one, and who trembleth at my word. But keep yourselves from the religion of demons and from gods, and from dead things keep, and from blood and things strangled, and further, a bone shall not be broken. But concerning Apostles and Prophets according to the ordinance of the Gospel thus do ye. Every apostle who comes to you shall not remain except one day or the next; and if he has need, the third also; and if he stayed longer he is a false prophet. And every prophet who speaks in the spirit shall be proved, and he shall be examined that there may be no sin (in him). And everyone who speaks in the spirit is a prophet: if he lives the life of God, he is a true prophet: by his life hitherto shall be known every false prophet, or a (true) prophet And every prophet who orders a table in the spirit shall not eat of it: otherwise he is a false prophet And every prophet then who teaches, but does not the truth, is a false prophet. And every prophet proved in truth, who acts in the assembly of men and acts unlawfully, shall not be judged by you, for his judgment is from God; because thus did the ancient prophets. And he who says in the spirit. Give to me gold or anything else, ye shall not listen to him. And if he speaks for another, give to him; there is no one who shall examine him. And ye shall receive everyone who comes to you in the name of our Lord, and then having proved him ye shall know, for ye have wisdom, and so (to speak) on the right hand and on the left. If he is a passer-by, help him as much as ye can, and let him not remain with you beyond the next day and the third day. And if he had need and wished, he may remain with you, if he has a trade to work at; but if he works not he shall not be supported, and if he has no trade and works not, according to your wisdom devise for him that he shall not remain with you idle. And if he is unwilling to do thus, he is a seller of 'o the name of Christ, and ye shall beware of such. Every true prophet then who wishes to remain with you is worthy of sustenance, then support him; and therefore all first-fruits of the wine-press and the threshing-floor, of oxen, of sheep, give the first-fruits of it to the prophets, '5 because they are your Chief Priests. And if ye have not a prophet, give to the poor. And if thou makest bread, give the first-fruit of it according to the commandment. And likewise an earthenware vessel of wine or of oil, and of honey, having opened it, having taken the first-fruit of it, give it to the poor. And gold and raiment and everything, having taken the first-fruit of it, which thou wishedst, give it according to the commandment of the Lord. Your fast also shall not be as the hypocrites, because they fast on the second day of the week, and on the fifth. But ye, fast on the fourth and the sixth (lit. the evening). And ye shall not pray as the hypocrites, but as the Lord commanded in the Gospel. And in your churches, ye presbyters and deacons, and all the congregation (on) the sabbaths, make a place for the brethren, having ordered it with all diligence and care. If one is found sitting out of his order he shall be rebuked, because he has spoiled the holy Church, the dwelling of God. And it is like as we see the animals which speak not, oxen and horses and goats and sheep according to the existing kinds, if they are awake, they ruminate, and then do not separate themselves one from another (of their own kinds), thus also in the church the youths shall sit by themselves, if there is room, and if there is not room they shall stand. The elders shall sit by themselves, and if they have children let them hold them in their arms. Further, the virgins also shall sit by themselves; if there is not sufficient room, they shall stand in front of the other women. Those who have children with them and are married shall sit by themselves. Also the widows (of the church) and the (other) widows shall sit by themselves. If brothers or sisters of (other) districts should come in, the deacon having come shall make inquiry. If one has a husband or is a widow, he shall cause them to enter and make them sit in separate places. The presbyters also shall sit in their own several places. And if another presbyter should come of the (other) districts, they shall receive him into the place which is seemly for him. And if any other man or woman comes in lay dress, either a man of the district or from other districts, being brethren, thou, presbyter, while thou speakest the word which is concerning God, or while thou hearest or readest, thou shalt not respect persons, nor leave thy ministering to command places for them, but remain quiet, for the brethren shall receive them, and if they have no place (for them) the lover of brothers or of sisters, having risen, will leave place for them. If (there are) youths, while the elder men remain sitting, having risen up, they shall leave their places. Thou, deacon, hast thou observed among those who sit a young man or a virgin, having risen up, cause to sit down that man or that woman who left (a place), then having made her rise up outside the church, cause her to stand at the door, that others may learn a lesson and leave place for their elders. Desire to make large churches (lit. houses). And if a poor man or woman either of the district or of the (other) districts should come in and there is no place for them, thou, presbyter, make place for such with all thy heart, even if thou wilt sit on the ground, that there should not be respecting the person of man but of God. And if then we have omitted anything, our brethren, God will reveal (it) to those who are worthy, while he steers the holy Church into quiet and a harbour. And this word shall not be hidden concerning the gifts which God gave to the youths as they wished, and as they acquire the similitude of those who dwell in falsehood, and are moved because of alien spirits. And God appointed impious men to be such as either prophesied or did signs. And now the word will guide us to that which is better for the ordinance of the Church: that ye indeed, the bishops whom we ordained and sent from ourselves by the commandment of our Lord Jesus Christ — if ye know this ordinance from us — that ye might do all and not neglect anything, as our Lord Jesus Christ commanded, as the ordinance which we gave to you. And ye know that he who heard from us is he who heard from Christ, and he who heard from Christ heard from God the Father, to whom be glory for ever and ever. Amen.

One who sells, the seller is permitted [to take the agricultural gifts] and the purchaser is forbidden. One may not hire a worker on the condition that the son [of the worker] should gather the gleanings after him. One who does not allow the poor to gather, or one who allows one but not another, or one who helps one of them [to gather] behold he is a robber of the poor. Concerning him it is said: “Do not remove the landmark of those that come up (olim)” (Proverbs 22:28).

One who buys produce from someone who is not trustworthy in respect of tithes, and he forgot to tithe it, and he asked [the seller] on Shabbat [if they were tithed], he may eat based on his word. At nightfall of Shabbat, he may not eat of it unless he had first tithed it. If he could not find the seller, and another person who was not trustworthy in respect of tithes said to him “they are tithed,” he may eat of it at his word. At nightfall of Shabbat, he may not eat of it unless he had first tithed it. Terumat maaser of demai which had become mixed up again [with the produce] from which it had been taken: Rabbi Shimon Shezuri says: even on a week day he may ask the seller and eat based on his word.

One who buys produce from someone who is not trustworthy in respect of tithes, and he forgot to tithe it, and he asked [the seller] on Shabbat [if they were tithed], he may eat based on his word. At nightfall of Shabbat, he may not eat of it unless he had first tithed it. If he could not find the seller, and another person who was not trustworthy in respect of tithes said to him “they are tithed,” he may eat of it at his word. At nightfall of Shabbat, he may not eat of it unless he had first tithed it. Terumat maaser of demai which had become mixed up again [with the produce] from which it had been taken: Rabbi Shimon Shezuri says: even on a week day he may ask the seller and eat based on his word.

One who buys produce from someone who is not trustworthy in respect of tithes, and he forgot to tithe it, and he asked [the seller] on Shabbat [if they were tithed], he may eat based on his word. At nightfall of Shabbat, he may not eat of it unless he had first tithed it. If he could not find the seller, and another person who was not trustworthy in respect of tithes said to him “they are tithed,” he may eat of it at his word. At nightfall of Shabbat, he may not eat of it unless he had first tithed it. Terumat maaser of demai which had become mixed up again [with the produce] from which it had been taken: Rabbi Shimon Shezuri says: even on a week day he may ask the seller and eat based on his word.

If one bought from a bread seller he must tithe every mould [separately], the words of Rabbi Meir. Rabbi Judah says: he may give tithes from one mould for all the others. But Rabbi Judah agrees that one who bought from a monopolist he must tithe every mould [separately].

They may not purchase houses, slaves or cattle unless it is for the needs of the festival, or the need of the seller who does not have enough to eat. They may not move [belongings] from one house to another house, but he may move [his belongings] within his courtyard. They may not bring back vessels from the house of the craftsman, but if one is anxious about them, he may remove them to another courtyard.

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.

One is not to buy wool or milk or kids from herdsmen, not fruit from those that watch over fruit-trees. However, one may buy garments of wool from women in Judea and garments of flax from women in the Galilee or calves in the Sharon. And in all cases in which [the seller] says to hide them away, it is forbidden [to purchase the item]. One may buy eggs and fowls in any case.

How is this so? If [the buyer] drew the produce away from [the seller] but did not give over the money, he cannot retract. If [the buyer] gave the money but did not draw the produce away from [the seller], he can retract. But they said: “He that exacted punishment from the generation of the flood and the generation of the dispersion (at the time of the Tower of Babel) will exact punishment from one who does not keep by his word. Rabbi Shimon says: “He that has the money has the upper hand.”

How is this so? If [the buyer] drew the produce away from [the seller] but did not give over the money, he cannot retract. If [the buyer] gave the money but did not draw the produce away from [the seller], he can retract. But they said: “He that exacted punishment from the generation of the flood and the generation of the dispersion (at the time of the Tower of Babel) will exact punishment from one who does not keep by his word. Rabbi Shimon says: “He that has the money has the upper hand.”

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.

Both the buyer and the seller are subject to the law of fraud. Just as the ordinary person is subject to the law of fraud so too is the merchant. Rabbi Judah said: “The law of fraud does not apply to the merchant.” He who has been subjected to [fraud] has the upper hand: if he wants he may say to him, “Give me back my money or give me back the amount you defrauded me.”

Produce may not be mixed together with other produce, even new produce with new produce, and needless to say new with old. In truth they permitted sharp wine to be mixed with weak wine, since this improves [the taste]. Wine lees may not be mixed with wine, but [the seller] may give [the buyer] the lees that come from the same wine. One whose wine has been mixed with water may not sell it in a store unless he informs [the buyer] and not to a merchant even if he has informed him, since [the merchant would buy it] only to deceive with it. In a place where they are accustomed to put water in wine, they may do so.

One may not set a price for produce before its market-price is known. After its market-price is known, one may set a price, for even though this one does not have [the produce] another does have it. If he was the first to harvest his crop, he may set a price with his fellow over grain stacked in a heap, or over grapes in their harvesting basket, or over olives in a vat, or over the clay-balls of the potter, or over lime as soon as the limestone is sunk in the kiln. One may set a price for manure at any time of the year. Rabbi Yose says: “One may not set a price over manure unless the seller has manure on the dungheap.” But the Sages permit it. One may set the price at the cheapest rate [that will be at the time of delivery]. Rabbi Judah says: “Even if he didn’t set the price at the cheapest rate he may say, “Give me at the such a price or give me back my money.”

If one swapped a cow for a donkey, and it gave birth, So too if one sold his slave and she gave birth, [And] one (the seller) says, “It was born before I sold her”, and the other (the buyer) says, “It was born after I bought her”, they shall divide [the value of what was born]. If one had two slaves, one large and the other small, or two fields, one large and the other small,[And he sold one of them], If the buyer says, “I bought the large one” and the other says, “I don’t know”, the buyer can rightly claim the large one. If the seller said, “I sold the small one” and the buyer said, “I do not know”, he may only take the small one. If one said, “It was the large one” and the other said, “It was the small one”, the seller must take an oath that it was the small one that he sold [and the buyer can only take the small one]. If one said, “I do not know”, and the other said, “I do not know”, they shall divide the value [of both slaves or fields].

If one swapped a cow for a donkey, and it gave birth, So too if one sold his slave and she gave birth, [And] one (the seller) says, “It was born before I sold her”, and the other (the buyer) says, “It was born after I bought her”, they shall divide [the value of what was born]. If one had two slaves, one large and the other small, or two fields, one large and the other small,[And he sold one of them], If the buyer says, “I bought the large one” and the other says, “I don’t know”, the buyer can rightly claim the large one. If the seller said, “I sold the small one” and the buyer said, “I do not know”, he may only take the small one. If one said, “It was the large one” and the other said, “It was the small one”, the seller must take an oath that it was the small one that he sold [and the buyer can only take the small one]. If one said, “I do not know”, and the other said, “I do not know”, they shall divide the value [of both slaves or fields].

If one swapped a cow for a donkey, and it gave birth, So too if one sold his slave and she gave birth, [And] one (the seller) says, “It was born before I sold her”, and the other (the buyer) says, “It was born after I bought her”, they shall divide [the value of what was born]. If one had two slaves, one large and the other small, or two fields, one large and the other small,[And he sold one of them], If the buyer says, “I bought the large one” and the other says, “I don’t know”, the buyer can rightly claim the large one. If the seller said, “I sold the small one” and the buyer said, “I do not know”, he may only take the small one. If one said, “It was the large one” and the other said, “It was the small one”, the seller must take an oath that it was the small one that he sold [and the buyer can only take the small one]. If one said, “I do not know”, and the other said, “I do not know”, they shall divide the value [of both slaves or fields].

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.”

But [one who sold a field] has not sold the stones that are not necessary to it or the canes in a vineyard that are not necessary to it or the produce that is already picked from the ground. But if he had said, “It and all that is in it” all of these are sold also. But in neither case has he sold any partition of reeds that covers a quarter-kav’s space of ground, or the watchman’s hut if it was not fastened down with mortar, or grafted carob trees or cropped sycamores, or any cistern or winepress or dovecote, whether they are lying waste or in use. And [the seller] must purchase [from the buyer] a way thereto, according to Rabbi Akiva. But the sages say: “He need not.” And Rabbi Akiva agrees that if he had said, “Excepting these”, he need not buy himself a way thereto. If he had sold them (the cistern, winepress or dovecote) to another, Rabbi Akiva says: “He [that bought them] need not buy himself a way thereto. But the Sages say: “He must buy himself a way thereto.” When is this so? With regards to he that sells his field. But if he gives it as a gift, he gives everything that is in it. If brothers who divided [an inheritance] came into possession of a field, they come into possession of everything that is in it. If a man secured title by possession of the property of a convert, and secured title by possession of the [convert’s] field, he secures title to everything that is in it. If a man dedicated a field [to the Temple] he has dedicated everything in it. Rabbi Shimon says: “If a man dedicated a field, he has dedicated only the grafted carob trees and cropped sycamores.”

If a man sold a donkey he has sold its foal. If a man sold a cow he has not sold its calf. If he sold a dungheap, he has sold the dung on it. If he sold a cistern, he has sold the water in it. If he sold a bee-hive he has sold the bees. If he sold a dovecote he has sold the pigeons. If a man bought the fruit of a dovecote from his fellow he must let go the first pair that are hatched. [If he bought], the fruit of a beehive he may take three swarms and then [the seller] may make the rest sterile. [If he bought] honeycombs he must leave two honeycombs. [If he bought] olive trees to cut down the branches, he must leave two shoots.

If a man bought two trees in his fellow’s field, he has not bought the ground [in which they grow]. Rabbi Meir says: “He has bought the ground”. When they grow (branches), he (the seller) may not trim them. What comes up from the stem belongs to him (the buyer) but what comes up from the roots belongs to the seller. And if they die, the ground is not his [to replant new trees]. If he bought three trees, he has bought the ground [between them]. When they grow he may trim them, And what comes up whether from the stem or from the roots belongs to him (the buyer). And if they die the ground is his.

If a man bought two trees in his fellow’s field, he has not bought the ground [in which they grow]. Rabbi Meir says: “He has bought the ground”. When they grow (branches), he (the seller) may not trim them. What comes up from the stem belongs to him (the buyer) but what comes up from the roots belongs to the seller. And if they die, the ground is not his [to replant new trees]. If he bought three trees, he has bought the ground [between them]. When they grow he may trim them, And what comes up whether from the stem or from the roots belongs to him (the buyer). And if they die the ground is his.

There are four rules with regards to those who sell: If one has sold good wheat and it turns out to be bad, the buyer can retract. If he sold bad wheat and it is found to be good, the seller can retract. [But if one sold] bad wheat and it is found to be bad, or good wheat and it is found to be good, neither may retract. [If one has sold] dark wheat and it turned out to be white; Or white and it turned out to be dark; Or [if he sold] olive wood and it turned out to be sycamore wood; Or sycamore wood and it turned out to be olive wood; Or [if he sold] wine and it turned out to be vinegar; Or vinegar and it turned out to be wine; Either of them may retract.

If a man sold produce to his fellow and the buyer drew it towards him but did not measure it, [the buyer] has acquired [the produce]. If [the seller] had measured it but [the buyer] did not draw it towards him, he has not acquired [the produce]. If [the buyer] is clever he will rent the place [in which the produce is located]. If a man bought flax from his fellow he has not acquired it until he has moved it from one place to another. If it was still attached to the ground, and he plucked any small quantity of it, he has acquired possession.

If a man sold wine or oil to his fellow, and its value rose or fell, if [the price rose or fell] before the measure was filled up, it belongs to the seller, [and he may refuse to sell except at the higher price]. But if [the price rose or fell] after the measure was filled up, it belongs to the buyer [and he may refuse to buy except at the lower price]. If there was a middleman between them, and the jar broke, it is broken to [the loss of] the middleman. [After emptying the measure] the seller must let three more drops drip [for the buyer]. If he then turned the measure over and drained it off, what flows out belongs to the seller. The shopkeeper is not obligated to let three more drops drip. Rabbi Judah says: “[Only] on the eve of Shabbath as it becomes dark is he exempt.”

If a man sold wine or oil to his fellow, and its value rose or fell, if [the price rose or fell] before the measure was filled up, it belongs to the seller, [and he may refuse to sell except at the higher price]. But if [the price rose or fell] after the measure was filled up, it belongs to the buyer [and he may refuse to buy except at the lower price]. If there was a middleman between them, and the jar broke, it is broken to [the loss of] the middleman. [After emptying the measure] the seller must let three more drops drip [for the buyer]. If he then turned the measure over and drained it off, what flows out belongs to the seller. The shopkeeper is not obligated to let three more drops drip. Rabbi Judah says: “[Only] on the eve of Shabbath as it becomes dark is he exempt.”

If a man sold wine or oil to his fellow, and its value rose or fell, if [the price rose or fell] before the measure was filled up, it belongs to the seller, [and he may refuse to sell except at the higher price]. But if [the price rose or fell] after the measure was filled up, it belongs to the buyer [and he may refuse to buy except at the lower price]. If there was a middleman between them, and the jar broke, it is broken to [the loss of] the middleman. [After emptying the measure] the seller must let three more drops drip [for the buyer]. If he then turned the measure over and drained it off, what flows out belongs to the seller. The shopkeeper is not obligated to let three more drops drip. Rabbi Judah says: “[Only] on the eve of Shabbath as it becomes dark is he exempt.”

If a man sold wine to his fellow and it turned sour he is not responsible. But if it was known [to the seller] that his wine would [soon] turn sour, this is a mistaken purchase. If he had said to him, “I am selling you spiced wine”, he is responsible for its remaining [good] until Shavuoth. [If he said] it is old wine, it must be from last year’s. [If he said] it is vintage old wine, it must be from the year before last.

[If he said, “I will sell you] a kor’s space of soil as measured by a rope”, and he gave him less, the buyer may reduce the price; and if he gave him more, the buyer must give it back. But if he said, “Whether less or more”, even if he gave the buyer a quarter-kab’s space less in every seah’s space, or a quarter kab’s space more in every seah’s space, it becomes his; if [the error] was more than this, a reckoning must be made. What does he (the buyer) give him back? Its value in money; but if the seller wants, he gives him back the land. And why did they say that he could give back its value in money? To strengthen the power of the seller, for if, in a field [containing a kor’s space] there would still have remained to him nine kab’s space, or, in a garden, a half-kab’s space, or according to Rabbi Akiva a quarter-kab’s space, the buyer must give back to him land. And not only must he give back the quarter-kab’s space, but all of the surplus.

[If he said, “I will sell you] a kor’s space of soil as measured by a rope”, and he gave him less, the buyer may reduce the price; and if he gave him more, the buyer must give it back. But if he said, “Whether less or more”, even if he gave the buyer a quarter-kab’s space less in every seah’s space, or a quarter kab’s space more in every seah’s space, it becomes his; if [the error] was more than this, a reckoning must be made. What does he (the buyer) give him back? Its value in money; but if the seller wants, he gives him back the land. And why did they say that he could give back its value in money? To strengthen the power of the seller, for if, in a field [containing a kor’s space] there would still have remained to him nine kab’s space, or, in a garden, a half-kab’s space, or according to Rabbi Akiva a quarter-kab’s space, the buyer must give back to him land. And not only must he give back the quarter-kab’s space, but all of the surplus.

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.

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.

At these four periods a butcher can be compelled to slaughter against his will. Even if the ox was worth a thousand dinars and the purchaser has only [paid] a dinar, they can force the butcher to slaughter it. Therefore if the animal died, the loss is upon the purchaser. At other times of the year it is not so, therefore if the animal died, the loss is upon the seller.

A first-born got mixed up with a hundred other animals: If a hundred [and one] persons slaughtered them all, they are all exempt from the gifts. If one person slaughtered them all, only one animal is exempt from the gifts. If a man slaughtered an animal for a priest or a non-Jew, he is exempt from the gifts. If he had a share [in the animal] with them, he must indicate this by some sign. If he said, “Except the gifts” he is exempt from giving the gifts. If he said, “Sell me the entrails of a cow” and among them were the gifts, he must give them to a priest and [the seller] does not need to reduce the price. But if he bought them from him by weight, he must give them to a priest, and [the seller] must reduce the price.

A first-born got mixed up with a hundred other animals: If a hundred [and one] persons slaughtered them all, they are all exempt from the gifts. If one person slaughtered them all, only one animal is exempt from the gifts. If a man slaughtered an animal for a priest or a non-Jew, he is exempt from the gifts. If he had a share [in the animal] with them, he must indicate this by some sign. If he said, “Except the gifts” he is exempt from giving the gifts. If he said, “Sell me the entrails of a cow” and among them were the gifts, he must give them to a priest and [the seller] does not need to reduce the price. But if he bought them from him by weight, he must give them to a priest, and [the seller] must reduce the price.

How much is “many”? Bet Shammai say: [at least] two sheep, as it is said, “A man shall rear a young cow and two sheep (tzon)” (Isaiah 7:21). Bet Hillel say: five, as it is said, “Five dressed sheep (tzon)” (I Samuel 28:18). Rabbi Dosa ben Harkinas says: five sheep, which each produce [a fleece which weighs] a maneh and a half, are subject to the law of the first of the fleece. But the sages say: five sheep, whatever their fleeces weigh. And how much should one give him? The weight of five selas in Judah, which is equal to ten selas in Galilee. Bleached wool and not dirty wool, sufficient to make from it a small garment, for it is written, “Give him,” when there is enough to be considered a gift. If the owner did not manage to give [the fleece to the priest] until he dyed it, he is exempt. If he bleached it but did not dye it, he is still liable. If a man bought the fleeces of a flock belonging to a non-Jew, he is exempt from the law of the first of the fleece. If a man bought the fleeces of a flock belonging to his neighbor: If the seller kept some back, the seller is liable, But if he did not withhold anything, the buyer is liable. If he had two kinds of wool, grey and white, and he sold the grey but not the white, or [if he sold the wool] of the males but not of the females, each must give [the first of the fleece] for himself.

How much is “many”? Bet Shammai say: [at least] two sheep, as it is said, “A man shall rear a young cow and two sheep (tzon)” (Isaiah 7:21). Bet Hillel say: five, as it is said, “Five dressed sheep (tzon)” (I Samuel 28:18). Rabbi Dosa ben Harkinas says: five sheep, which each produce [a fleece which weighs] a maneh and a half, are subject to the law of the first of the fleece. But the sages say: five sheep, whatever their fleeces weigh. And how much should one give him? The weight of five selas in Judah, which is equal to ten selas in Galilee. Bleached wool and not dirty wool, sufficient to make from it a small garment, for it is written, “Give him,” when there is enough to be considered a gift. If the owner did not manage to give [the fleece to the priest] until he dyed it, he is exempt. If he bleached it but did not dye it, he is still liable. If a man bought the fleeces of a flock belonging to a non-Jew, he is exempt from the law of the first of the fleece. If a man bought the fleeces of a flock belonging to his neighbor: If the seller kept some back, the seller is liable, But if he did not withhold anything, the buyer is liable. If he had two kinds of wool, grey and white, and he sold the grey but not the white, or [if he sold the wool] of the males but not of the females, each must give [the first of the fleece] for himself.

If one sold a house among the houses of a walled city, he may redeem it at once and at any time during twelve months. This is a kind of interest, yet it is not interest. If the seller died, his son may redeem it. If the purchaser died, it may be redeemed from his son. One counts the year only from the time that he sold it, as it is said, “Before a full year has elapsed” (Leviticus 25:30). When it says a “a full” [year] the extra month is included. Rabbi says: he is allowed a year and its extra month.

If the [last] day of the twelve months has arrived and it was not redeemed, it becomes his permanent [possession]. This applies whether he bought it or received it as a gift, as it is said: “beyond reclaim” (Leviticus 25:30). In earlier times, he [the buyer] would hide on the last day of the twelve months, so that [the house] might become his permanent [possession]. Hillel enacted that he [the seller] could deposit his money in the chamber and break down the door and enter, and that the other [the buyer], whenever he wanted, might come and take his money.

How so? A spindle stuck into the wall, with [a portion of corpse] of half an olive-size above it and [a portion of corpse] of half an olive-size below it. Even though one [portion] is not directly [above] the other, [the spindle] becomes unclean. Hence it is found that [a movable object] conveys uncleanness to come upon itself whatever its thickness. A pot seller passes by a grave with a yoke over his shoulder, one end of which overshadows a grave, vessels on the other side remain clean. If the yoke is one handbreadth wide, they become unclean. Mounds which are near to a city or to a road, whether they are new or old, are unclean. [As for those that are] far away, new ones are clean but old ones are unclean. What counts as near? Fifty cubits. And old? Sixty years old, the words of Rabbi Meir. R. Judah says: Near means there is none nearer than it, and old means that no one remembers [when it was made].

May the seller get the peah which permits the sheaves? Let us hear it from the following (Mishnah 5:4): “ Rebbi Jehudah said: When is this, if he received it for a half, a third, or a quarter.” What is the difference between this and the first case? It must be, “if you cut it, a third will be yours.” Rebbi Abin bar Ḥiyya said, this implies that the seller may get the peah which permits the sheaves. Rebbi Yose said, there the obligation of the field did not come during his ownership, but here the obligation of the field started during his ownership. It is correct that if he cut half of the field and sold what he cut, the buyer is allowed gleanings, forgotten sheaves, and peah. May the buyer get the peah which permits the sheaves of the seller? That is the disagreement of Rebbi and Rebbi Jehudah the Prince.

May the seller get the peah which permits the sheaves? Let us hear it from the following (Mishnah 5:4): “ Rebbi Jehudah said: When is this, if he received it for a half, a third, or a quarter.” What is the difference between this and the first case? It must be, “if you cut it, a third will be yours.” Rebbi Abin bar Ḥiyya said, this implies that the seller may get the peah which permits the sheaves. Rebbi Yose said, there the obligation of the field did not come during his ownership, but here the obligation of the field started during his ownership. It is correct that if he cut half of the field and sold what he cut, the buyer is allowed gleanings, forgotten sheaves, and peah. May the buyer get the peah which permits the sheaves of the seller? That is the disagreement of Rebbi and Rebbi Jehudah the Prince.

May the seller get the peah which permits the sheaves? Let us hear it from the following (Mishnah 5:4): “ Rebbi Jehudah said: When is this, if he received it for a half, a third, or a quarter.” What is the difference between this and the first case? It must be, “if you cut it, a third will be yours.” Rebbi Abin bar Ḥiyya said, this implies that the seller may get the peah which permits the sheaves. Rebbi Yose said, there the obligation of the field did not come during his ownership, but here the obligation of the field started during his ownership. It is correct that if he cut half of the field and sold what he cut, the buyer is allowed gleanings, forgotten sheaves, and peah. May the buyer get the peah which permits the sheaves of the seller? That is the disagreement of Rebbi and Rebbi Jehudah the Prince.

HALAKHAH: So far when he started harvesting beforehand; even if he did not start to harvest? Let us understand it from the following (Mishnah Ḥulin 11:2): “If he bought the shearings of another man’s sheep, if the seller retained anything, the seller is liable, otherwise the buyer is liable.” Rebbi Jeremiah in the name of Rebbi Joḥanan: This is Rebbi Jehudah’s. Is there a difference? There, both if he started to shear or if he did not start to shear, and here there will be no difference whether he started harvesting beforehand or did not start beforehand.

HALAKHAH: So far when he started harvesting beforehand; even if he did not start to harvest? Let us understand it from the following (Mishnah Ḥulin 11:2): “If he bought the shearings of another man’s sheep, if the seller retained anything, the seller is liable, otherwise the buyer is liable.” Rebbi Jeremiah in the name of Rebbi Joḥanan: This is Rebbi Jehudah’s. Is there a difference? There, both if he started to shear or if he did not start to shear, and here there will be no difference whether he started harvesting beforehand or did not start beforehand.

What is the reason of Rebbi Jehudah? Because the obligation of the harvest falls on the standing grain? Or because he sold to him, excluding his obligation? Let us understand it from the following: “If he bought the shearings of another man’s sheep, if the seller retained anything, the seller is liable, otherwise the buyer is liable.” Rebbi Jeremiah in the name of Rebbi Joḥanan: This is Rebbi Jehudah’s. Could you say there that the obligation of the harvest falls on the standing grain? No, it is because he sold to him, excluding his obligation! And here also it is because he sold to him, excluding his obligation.

What is the reason of Rebbi Jehudah? Because the obligation of the harvest falls on the standing grain? Or because he sold to him, excluding his obligation? Let us understand it from the following: “If he bought the shearings of another man’s sheep, if the seller retained anything, the seller is liable, otherwise the buyer is liable.” Rebbi Jeremiah in the name of Rebbi Joḥanan: This is Rebbi Jehudah’s. Could you say there that the obligation of the harvest falls on the standing grain? No, it is because he sold to him, excluding his obligation! And here also it is because he sold to him, excluding his obligation.

What is the difference between them? If the buyer transgressed and separated peah. If you say, it is because the obligation of the harvest falls on the standing grain, what he gave he gave. But if you say that because he sold to him, excluding his obligation, he gave and may collect money from him. If the part of the seller burned, if it is because the obligation of the harvest falls on the standing grain, if it is burned it is burned. But if you say that because he sold to him, excluding his obligation, if it is burned he may collect money from him.

What is the difference between this and the first case? It must be “if you cut it, a third will be yours.” Rebbi Abin bar Ḥiyya said, that implies that the seller may get the peah which permits the sheaves. Rebbi Yose ben Rebbi Abun said, there the obligation of the field did come during his ownership, but here the obligation of the field did not come during his ownership.

MISHNAH: If someone sells his field, the seller is permitted but the buyer is barred. Nobody should hire a worker on condition that his son may collect gleanings after him. He who does not let the poor collect gleanings, or who lets one person collect but not the other, or helps one of them, robs the poor. On him it was said (Prov. 22:28, 23:10): “Do not displace an eternal boundary.”

HALAKHAH: Everybody agrees that he who sells ten bunches to somebody else may not touch them. Everybody agrees in a partnership that just as he thins out his, so he thins out that of his partner. Rebbi Jehudah considers him to be a partner, Rebbi Meïr considers him to be a seller. Rebbi Immi said to him: Think about it, if a wild animal ate it, if you consider him a partner he is required to pay him!

One statement supports this and a second statement supports Rebbi Eleazar. “The trader’s produce everywhere is demay. When is that? If most of his supply is from Jews. But if he buys from Gentiles, it is certain.” A statement supports Rebbi Joḥanan: “Rebbi Neḥemiah stated: “Whether from a Gentile, a Jewish Samaritan, or an am haareẓ seller, if at times he buys from the Gentile, at times from the Jew, it is demay.”

The colleagues in the name of Rebbi Joḥanan: Because of the children lest they should eat ṭevel. Rebbi La in the name of Rebbi Joḥanan, in retail, because the seller takes the large margin, the seller separates. In wholesale, because the buyer will take the large margin, the buyer separates. One statement supports one and another statement supports the other. A statement supports the colleagues: “Rebbi Neḥemiah said, that which is connected to a retail outlet is like retail, connected to a wholesale outlet it is wholesale.” A statement supports Rebbi La. It was stated: “Rebbi Ismael ben Rebbi Joḥanan ben Beroqa said, if he measured with a retail measure, he is obligated. Even if he did measure only one seah and a quarter qab, he must tithe the quarter qab.” Rebbi Zeïra said, computation of gain is between them. If he measured for him the seah at the rate of quarter qabs, since the seller takes the large margin, the seller separates. If he measures the quarter qab at the rate of seahs, since the buyer will take the large margin, the buyer separates.

The colleagues in the name of Rebbi Joḥanan: Because of the children lest they should eat ṭevel. Rebbi La in the name of Rebbi Joḥanan, in retail, because the seller takes the large margin, the seller separates. In wholesale, because the buyer will take the large margin, the buyer separates. One statement supports one and another statement supports the other. A statement supports the colleagues: “Rebbi Neḥemiah said, that which is connected to a retail outlet is like retail, connected to a wholesale outlet it is wholesale.” A statement supports Rebbi La. It was stated: “Rebbi Ismael ben Rebbi Joḥanan ben Beroqa said, if he measured with a retail measure, he is obligated. Even if he did measure only one seah and a quarter qab, he must tithe the quarter qab.” Rebbi Zeïra said, computation of gain is between them. If he measured for him the seah at the rate of quarter qabs, since the seller takes the large margin, the seller separates. If he measures the quarter qab at the rate of seahs, since the buyer will take the large margin, the buyer separates.

The colleagues in the name of Rebbi Joḥanan: Because of the children lest they should eat ṭevel. Rebbi La in the name of Rebbi Joḥanan, in retail, because the seller takes the large margin, the seller separates. In wholesale, because the buyer will take the large margin, the buyer separates. One statement supports one and another statement supports the other. A statement supports the colleagues: “Rebbi Neḥemiah said, that which is connected to a retail outlet is like retail, connected to a wholesale outlet it is wholesale.” A statement supports Rebbi La. It was stated: “Rebbi Ismael ben Rebbi Joḥanan ben Beroqa said, if he measured with a retail measure, he is obligated. Even if he did measure only one seah and a quarter qab, he must tithe the quarter qab.” Rebbi Zeïra said, computation of gain is between them. If he measured for him the seah at the rate of quarter qabs, since the seller takes the large margin, the seller separates. If he measures the quarter qab at the rate of seahs, since the buyer will take the large margin, the buyer separates.

The colleagues in the name of Rebbi Joḥanan: Because of the children lest they should eat ṭevel. Rebbi La in the name of Rebbi Joḥanan, in retail, because the seller takes the large margin, the seller separates. In wholesale, because the buyer will take the large margin, the buyer separates. One statement supports one and another statement supports the other. A statement supports the colleagues: “Rebbi Neḥemiah said, that which is connected to a retail outlet is like retail, connected to a wholesale outlet it is wholesale.” A statement supports Rebbi La. It was stated: “Rebbi Ismael ben Rebbi Joḥanan ben Beroqa said, if he measured with a retail measure, he is obligated. Even if he did measure only one seah and a quarter qab, he must tithe the quarter qab.” Rebbi Zeïra said, computation of gain is between them. If he measured for him the seah at the rate of quarter qabs, since the seller takes the large margin, the seller separates. If he measures the quarter qab at the rate of seahs, since the buyer will take the large margin, the buyer separates.

Rebbi Joḥanan in the name of Rebbi Simeon ben Yoẓadaq: It is a condition imposed by the Court that the heave of the tithe is on the seller and Second Tithe on the buyer. Where do we stand? If in retail, because the seller takes the large margin, the seller separates. If in wholesale, because the buyer will take the large margin, the buyer separates. Rebbi Abun bar Ḥiyya said, explain it if he says it is of his own harvest. Rebbi Yose said, even if you say it is not his own harvest, if he says in my opinion it was brought in order, even so they tell him that it is a condition imposed by the Court that the heave of the tithe be on the seller and Second Tithe on the buyer.

Rebbi Joḥanan in the name of Rebbi Simeon ben Yoẓadaq: It is a condition imposed by the Court that the heave of the tithe is on the seller and Second Tithe on the buyer. Where do we stand? If in retail, because the seller takes the large margin, the seller separates. If in wholesale, because the buyer will take the large margin, the buyer separates. Rebbi Abun bar Ḥiyya said, explain it if he says it is of his own harvest. Rebbi Yose said, even if you say it is not his own harvest, if he says in my opinion it was brought in order, even so they tell him that it is a condition imposed by the Court that the heave of the tithe be on the seller and Second Tithe on the buyer.

Rebbi Joḥanan in the name of Rebbi Simeon ben Yoẓadaq: It is a condition imposed by the Court that the heave of the tithe is on the seller and Second Tithe on the buyer. Where do we stand? If in retail, because the seller takes the large margin, the seller separates. If in wholesale, because the buyer will take the large margin, the buyer separates. Rebbi Abun bar Ḥiyya said, explain it if he says it is of his own harvest. Rebbi Yose said, even if you say it is not his own harvest, if he says in my opinion it was brought in order, even so they tell him that it is a condition imposed by the Court that the heave of the tithe be on the seller and Second Tithe on the buyer.

Rebbi Joḥanan in the name of Rebbi Simeon ben Yoẓadaq: It is a condition imposed by the Court that the heave of the tithe is on the seller and Second Tithe on the buyer. Where do we stand? If in retail, because the seller takes the large margin, the seller separates. If in wholesale, because the buyer will take the large margin, the buyer separates. Rebbi Abun bar Ḥiyya said, explain it if he says it is of his own harvest. Rebbi Yose said, even if you say it is not his own harvest, if he says in my opinion it was brought in order, even so they tell him that it is a condition imposed by the Court that the heave of the tithe be on the seller and Second Tithe on the buyer.

MISHNAH: He who buys produce from a person who is not trustworthy for tithes and forgot to tithe them may ask the seller on the Sabbath and eats on the seller’s information. At nightfall, when Sabbath ends, he may not eat until he tithed. If he did not find the seller, but another person who is not trustworthy for tithes told him that it is tithed, he may eat on that information. At nightfall when Sabbath ends, he may not eat until he tithed. Heave of the tithe that returned to its origin. Rebbi Simeon from Shezur said, even on weekdays he asks the seller and eats on his information.

MISHNAH: He who buys produce from a person who is not trustworthy for tithes and forgot to tithe them may ask the seller on the Sabbath and eats on the seller’s information. At nightfall, when Sabbath ends, he may not eat until he tithed. If he did not find the seller, but another person who is not trustworthy for tithes told him that it is tithed, he may eat on that information. At nightfall when Sabbath ends, he may not eat until he tithed. Heave of the tithe that returned to its origin. Rebbi Simeon from Shezur said, even on weekdays he asks the seller and eats on his information.

MISHNAH: He who buys produce from a person who is not trustworthy for tithes and forgot to tithe them may ask the seller on the Sabbath and eats on the seller’s information. At nightfall, when Sabbath ends, he may not eat until he tithed. If he did not find the seller, but another person who is not trustworthy for tithes told him that it is tithed, he may eat on that information. At nightfall when Sabbath ends, he may not eat until he tithed. Heave of the tithe that returned to its origin. Rebbi Simeon from Shezur said, even on weekdays he asks the seller and eats on his information.

MISHNAH: He who buys produce from a person who is not trustworthy for tithes and forgot to tithe them may ask the seller on the Sabbath and eats on the seller’s information. At nightfall, when Sabbath ends, he may not eat until he tithed. If he did not find the seller, but another person who is not trustworthy for tithes told him that it is tithed, he may eat on that information. At nightfall when Sabbath ends, he may not eat until he tithed. Heave of the tithe that returned to its origin. Rebbi Simeon from Shezur said, even on weekdays he asks the seller and eats on his information.

“In addition, Rebbi Simeon from Shezur said: If he separated the heave of the tithe and it was burned, he asks the seller and eats on his information.” Did Rebbi Zeïra not say that a similar case came before Rebbi Ḥanina and he taught according to Rebbi Simeon from Shezur? Rebbi Avin said, this question does not compare to the first question. There it was, not that I suspect you, but since I bought wheat from you yesterday and I saw a multitude with you, I said maybe you forgot to put them in order. Were they put in order? But here, because I suspected you, I put them in order but they went up in fire. Were they put in order? Rebbi Samuel, the son of Rebbi Yose ben Rebbi Abun said that Bar Kappara stated: The fear of dema‘ is on him and he will tell the truth.

MISHNAH: If someone enters a town, does not know anybody there, and asks: Who is trustworthy here, who tithes? If somebody told him, I am not trustworthy, but Mr. X is trustworthy, he may be believed. If he went and bought there and asked, who is selling old produce here? If the seller said, the one who sent you to me, they may be believed even though they act as if they would do reciprocal favors to each other. Donkey drivers who entered a town and one of them said, my produce is new, my colleague’s is old, mine is not in order, my colleague’s is in order, are not to be believed. Rebbi Jehudah says, they are to be believed.

“ That all tithes should be mine as long as you own it, he gets its tithes as long as the buyer owns it.” When he sold it to a third party, he has no tithes. If the buyer then bought it back from the third party, Rebbi Ḥiyya states that he has no tithes, Rebbi Hoshaia states that the tithes are his. This disagreement turns out like the other disagreement, as we have stated there “that he who divorces his wife and then remarries her, remarries her on the basis of the first ketubah.” Rebbi Ḥanin stated before Rebbi La: Two Amoraïm, one says for ketubah but not for individual stipulations, and the other says, both for ketubah and individual stipulations. For him who says, for ketubah but not for individual stipulations, he has the tithes. For him who says, both for ketubah and for individual stipulations, he has no tithes. But did we not state: “If somebody received (as sharecropper) from the daughter of a Cohen, she has the tithes. If she married an Israel, they split the tithes. If she was widowed or divorced, she returns to her prior status.” There when he sold, here when he received. But did not Rebbi Ḥiyya state: “When she sold?” Rebbi Samuel bar Eudaimon said, there it left the power of both parties; here, it left the power of the seller but not that of the buyer.

Our Mishnah follows Rebbi Yose, as we have stated: “He who buys anonymously has to tithe.” What are we talking about? If he said to him, go and buy for me, he is his agent; go and buy for yourself, they are his property. But in our case nothing was spelled out. Rebbi Jehudah says that the seller wants the person who buys to get the property rights, Rebbi Yose says that the seller wants the owner of the money to get the property rights. Therefore, if he added a piece, Rebbi Jehudah says, it belongs to the buyer, Rebbi Yose says, it belongs to both of them. The argument of Rebbi Yose seems to be inverted. There he says that the seller wants the owner of the money to get the property rights, and here you say so? Here the transaction is through the money of one and the feet of the other, therefore they split.

Our Mishnah follows Rebbi Yose, as we have stated: “He who buys anonymously has to tithe.” What are we talking about? If he said to him, go and buy for me, he is his agent; go and buy for yourself, they are his property. But in our case nothing was spelled out. Rebbi Jehudah says that the seller wants the person who buys to get the property rights, Rebbi Yose says that the seller wants the owner of the money to get the property rights. Therefore, if he added a piece, Rebbi Jehudah says, it belongs to the buyer, Rebbi Yose says, it belongs to both of them. The argument of Rebbi Yose seems to be inverted. There he says that the seller wants the owner of the money to get the property rights, and here you say so? Here the transaction is through the money of one and the feet of the other, therefore they split.

Our Mishnah follows Rebbi Yose, as we have stated: “He who buys anonymously has to tithe.” What are we talking about? If he said to him, go and buy for me, he is his agent; go and buy for yourself, they are his property. But in our case nothing was spelled out. Rebbi Jehudah says that the seller wants the person who buys to get the property rights, Rebbi Yose says that the seller wants the owner of the money to get the property rights. Therefore, if he added a piece, Rebbi Jehudah says, it belongs to the buyer, Rebbi Yose says, it belongs to both of them. The argument of Rebbi Yose seems to be inverted. There he says that the seller wants the owner of the money to get the property rights, and here you say so? Here the transaction is through the money of one and the feet of the other, therefore they split.

MISHNAH: These are the implements which the professional may not sell during the Sabbatical: A plough and all its implements, a yoke, a winnowing fork and an axe. But he may sell a hand sickle, a grain sickle, a carriage and all its implements. This is the principle: Everything that is used only for its work is forbidden; [if it is usable] for both forbidden and permitted [work] it is permitted. The seller may sell five oil amphoras and fifteen wine amphoras because so much one brings from ownerless property. If he brought more than that amount, it is permitted. He may sell to Gentiles in the Land and to Jews outside of the Land. The House of Shammai say, one may not sell to him a ploughing cow during the Sabbatical but the House of Hillel permit it because he might slaughter it. One may sell him produce even during the sowing season and lend him one's measuring device even though one knows that he has workers, and one may exchange coins for him even though one knows that he has workers. In all cases it is forbidden if specified.

We understand “one puts on it all restrictions regarding humans and animals” that it is forbidden to boil them to a pulp. We have stated: If the seller sells as food and the buyer buys as wood, the latter is not determining. If the seller sells as food and the buyer buys as food and then thinks of them as wood, the latter is not determining. If the seller sells as wood and the buyer buys as food and then thinks of them as wood? Where do we hold? If he gave him the money and afterwards took it up, he paid for wood. If he took it up and afterwards gave him the money, he paid for food. We must hold that he gave him the money and afterwards took it up; this is the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish. According to Rebbi Joḥanan, who said that [transfer of] money does not mean acquisition by Torah law, he paid for food. According to Rebbi Simeon ben Laqish who said that [transfer of] money does mean acquisition by Torah law, he paid for wood.

We understand “one puts on it all restrictions regarding humans and animals” that it is forbidden to boil them to a pulp. We have stated: If the seller sells as food and the buyer buys as wood, the latter is not determining. If the seller sells as food and the buyer buys as food and then thinks of them as wood, the latter is not determining. If the seller sells as wood and the buyer buys as food and then thinks of them as wood? Where do we hold? If he gave him the money and afterwards took it up, he paid for wood. If he took it up and afterwards gave him the money, he paid for food. We must hold that he gave him the money and afterwards took it up; this is the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish. According to Rebbi Joḥanan, who said that [transfer of] money does not mean acquisition by Torah law, he paid for food. According to Rebbi Simeon ben Laqish who said that [transfer of] money does mean acquisition by Torah law, he paid for wood.

We understand “one puts on it all restrictions regarding humans and animals” that it is forbidden to boil them to a pulp. We have stated: If the seller sells as food and the buyer buys as wood, the latter is not determining. If the seller sells as food and the buyer buys as food and then thinks of them as wood, the latter is not determining. If the seller sells as wood and the buyer buys as food and then thinks of them as wood? Where do we hold? If he gave him the money and afterwards took it up, he paid for wood. If he took it up and afterwards gave him the money, he paid for food. We must hold that he gave him the money and afterwards took it up; this is the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish. According to Rebbi Joḥanan, who said that [transfer of] money does not mean acquisition by Torah law, he paid for food. According to Rebbi Simeon ben Laqish who said that [transfer of] money does mean acquisition by Torah law, he paid for wood.

If each one keeps to his word, it should be treated as follows: “If the seller sues the buyer one follows the buyer, if the buyer sues the seller, one follows the seller.” And here [one follows] the same [rule].

If each one keeps to his word, it should be treated as follows: “If the seller sues the buyer one follows the buyer, if the buyer sues the seller, one follows the seller.” And here [one follows] the same [rule].

If each one keeps to his word, it should be treated as follows: “If the seller sues the buyer one follows the buyer, if the buyer sues the seller, one follows the seller.” And here [one follows] the same [rule].

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.

There, we have stated: “If he turned it and it accumulated, that belongs to the seller.” Rebbi Joḥanan said, there is no “belongs to the seller” but “belongs to the buyer”, as you say here. Rebbi Isaac bar Eleazar said, it is because of abandonment. Is it the same for consecrated food? Rebbi Abbahu came in the name of Rebbi Joḥanan: It is the same for consecrated food.

There, we have stated: “If he turned it and it accumulated, that belongs to the seller.” Rebbi Joḥanan said, there is no “belongs to the seller” but “belongs to the buyer”, as you say here. Rebbi Isaac bar Eleazar said, it is because of abandonment. Is it the same for consecrated food? Rebbi Abbahu came in the name of Rebbi Joḥanan: It is the same for consecrated food.

“ If somebody buys dates to press them, dried figs to pound them, he may not eat a snack from them and must tithe as demay, the words of Rebbi Meїr. But the Sages say, he may eat a snack from them and must give tithes as certain, the words of Rebbi Yose.” Rebbi Hilai, Rebbi Lazar in the name of Hilfai; Rebbi Jonah said, it was found on the writing tablet of Hilfai: He may eat a snack from them and gives tithes as certain. This is difficult! If he may eat a snack from them, he should give certain tithes. If he tithes as demay, he should be forbidden to eat them as a snack! Rebbi Yose in the name of Rebbi Hila: He may eat them as snack because their processing is not finished; he gives certain tithes since he [the seller] knows that his house induces ṭevel, he will separate heave from the start.

HALAKHAH: It was stated: “Ben Bag Bag says (Deut. 14:26): ‘You shall spend the money for anything you desire.’ It was stated: A person may buy a cow because of its hide, a sheep because of its fleece, and wine because of its pitcher.” Rebbi Zeïra said, that is, if the seller was a private person. But if the seller was a professional it is as if he sold this separately and that separately. Rebbi Zeïra said, the Mishnah said this: “In a place where wine jugs usually are sold sealed, the pitcher becomes profane.” Rebbi Mana said, from this [you conclude that] just as you say there, if the seller was a professional it is as if he sold this separately and that separately, so if the buyer was a professional it is as if he bought this separately and that separately.

HALAKHAH: It was stated: “Ben Bag Bag says (Deut. 14:26): ‘You shall spend the money for anything you desire.’ It was stated: A person may buy a cow because of its hide, a sheep because of its fleece, and wine because of its pitcher.” Rebbi Zeïra said, that is, if the seller was a private person. But if the seller was a professional it is as if he sold this separately and that separately. Rebbi Zeïra said, the Mishnah said this: “In a place where wine jugs usually are sold sealed, the pitcher becomes profane.” Rebbi Mana said, from this [you conclude that] just as you say there, if the seller was a professional it is as if he sold this separately and that separately, so if the buyer was a professional it is as if he bought this separately and that separately.

HALAKHAH: It was stated: “Ben Bag Bag says (Deut. 14:26): ‘You shall spend the money for anything you desire.’ It was stated: A person may buy a cow because of its hide, a sheep because of its fleece, and wine because of its pitcher.” Rebbi Zeïra said, that is, if the seller was a private person. But if the seller was a professional it is as if he sold this separately and that separately. Rebbi Zeïra said, the Mishnah said this: “In a place where wine jugs usually are sold sealed, the pitcher becomes profane.” Rebbi Mana said, from this [you conclude that] just as you say there, if the seller was a professional it is as if he sold this separately and that separately, so if the buyer was a professional it is as if he bought this separately and that separately.

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.

The following is obvious: If somebody sold the harvest and retained the land for himself, the seller cannot bring since he has no harvest. If he bought it back? Let us hear from the following: “If he gave her dedicated things they are permitted; wines, oils, flour, or anything of a kind admissible near the altar, are prohibited. The latter adds only bundles of vines and rings made of grain stalks.” Where do we hold? If he gave her as whore’s wages, do we say that the buyer on the market brings First Fruits? But we must hold in case the vines were hers, she sold him the fruits, and he gave them back to her as whore’s wages. Because they are whore’s wages. Therefore, if they were not whore’s wages she might bring. That means, if he bought back he may bring.

MISHNAH: One only buys houses, slaves, animals, or stones, for the needs of the holiday or for the needs of the seller who otherwise would not have anything to eat. One does not evacuate from place to place, but he may evacuate into his own courtyard since this causes him joy. One does not bring vessels from the potter’s house; but if he is afraid for them he evacuates them into another courtyard.

Rebbi Simeon ben Laqish in the name of Rebbi Jehudah ben Ḥananiah: They voted in Usha that if one writes all his property over to his sons, he and his wife are supported by them. What is the situation of underage children? Rebbi Abbahu in the name of Rebbi Yose ben Rebbi Jehudah, but some say it in the name of Rebbi Judah ben Ḥanina: He, his wife and his underage children are supported by them. What about his widow? Rebbi Ze‘ira said, this was asked but not resolved. Rebbi Abba bar Mamal said, it was asked and resolved, Rebbi Abba said, it seems reasonable that if she ate during her husband’s lifetime then she eats; otherwise, she does not eat. It says only “if one writes”; that excludes the seller. If he wrote to his sons and sold to others, what is here reasonable? Rebbi Ḥanina said, I would not give him anything. Rebbi Mana: Is it not reasonable that they hire him a servant and marry a wife to him so she should serve him?

MISHNAH: If somebody writes formulaic texts of bills of divorce he has to leave space for the man, the woman, and the time. For bonds, he has to leave space for the lender, the borrower, the sum, and the time. For commercial deeds, he has to leave space for the buyer, the seller, the sum, the field, and the time, because of good order. Rebbi Jehudah invalidates all of these. Rebbi Eleazar validates all of them except women’s bills of divorce, for it is said: “He shall write for her”, in her name.

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.”