selling

As a nail sticketh fast between the joinings of the stones; so doth sin stick close between buying and selling.

Neither consult with a woman touching her of whom she is jealous; neither with a coward in matters of war; nor with a merchant concerning exchange; nor with a buyer of selling; nor with an envious man of thankfulness; nor with an unmerciful man touching kindness; nor with the slothful for any work; nor with an hireling for a year of finishing work; nor with an idle servant of much business: hearken not unto these in any matter of counsel.

And of merchants’ indifferent selling; of much correction of children; and to make the side of an evil servant to bleed.

And the man that does any work on it shall die: whoever desecrates that day, whoever lies with (his) wife, or whoever says he will do something on it, that he will set out on a journey thereon in regard to any buying or selling: and whoever draws water thereon which he had not prepared for himself on the sixth day, and whoever takes up any burden to carry it out of his tent or out of his house shall die.

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.

For I mourned more than they all, because I was guilty of the selling of Joseph.

And they did so. For they stripped off from Joseph his coat when they were selling him, and put upon him the garment of a slave.

Now the Memphian woman said to her husband: Buy the youth; for I hear, said she, that they are selling him.

And there shall be a selling of their freedom

But in the assemblies, and nations, and churches, there shall be many tumults, for there shall arise evil shepherds unjust slothful avaricious, lovers of pleasures, lovers of gains lovers of money, talkative, boastful, haughty, gluttonous, perverse, rash, given to delights, vainglorious opposing the ways of the Gospel and fleeing from the strait gate removing from themselves every humiliation and not sorrowing for My humiliation, rejecting all the words of truth, and despising all the ways of piety, and not mourning for their sins. Therefore there shall be shed abroad among the nations unbelief, hatred of the brotherhood, wickedness, bitterness, slothfulness, envy, hatred, strife, theft, oppression, drunkenness, debauchery, lasciviousness, licentiousness, fornication, and all such works as are contrary to the commandments of life. For from many mourning and gentleness shall flee away, and peace and meekness, and poverty and piety, and tears, because the shepherds heard these things, and did not do them, and moreover did not shew! My commandments, seeing that they [themselves] are examples of wickedness in the nation. But the time shall come when some of them will deny Me, and will stir up confusions in the earth, and put their trust in a corruptible king. But they who in My Name endure unto the end shall be saved. Then they shall ordain commandments for men, [commandments] unlike the book of commandments in which the Father is well pleased; and My elect and My holy ones shall be rejected by them, and called among them, as it were, the polluted. Yet these are the upright ones, pure, sad, merciful, quiet, kind, always knowing Him who is among them at all times, and they shall be called mad for My sake, who have saved them. It shall come to pass also in those days that My Father shall gather together out of that generation the pure ones, even the pure and faithful souls, those to whom I will appear, and with whom I will make My habitation, and I will send to them the understanding of knowledge and of truth, and the understanding of holiness, and they shall not cease praising and giving thanks to their God,! My Father who sent Me; and they shall speak the truth at all times, and they shall teach [others] whose spirit they have tried [and have found] that they are upright and worthy, as for the kingdom, and shall instruct them in knowledge and strength and prudence. And those who suffer persecution because they live in piety shall receive the reward of their praise. And it shall be in those times that all the kingdoms shall be disturbed, and all the world also [shall see] affliction and want; and all this world shall be reputed as nothing; and all its possessions shall be destroyed by many [destroyers], and there shall be great scarcity of crops, and the winter shall be very severe; and the princes shall be few in number and small, who have rule over gold and over silver, and are rich in all those things which are in this world; and the children of this world shall hold their storerooms and barns, and shall have rule over the markets of buying and selling. Many shall be afflicted, and on that account shall call upon their God that they may be delivered. Blessed are they who are not [alive] at that time; and [blessed] they [also] who shall be [alive indeed], but [shall] endure. For when these things shall come to pass, then soon she that travaileth is near to bring forth, for the time is fulfilled.

This calamity happened in the six hundredth year of Noah's government, [age,] in the second month, called by the Macedonians Dius, but by the Hebrews Marchesuan: for so did they order their year in Egypt. But Moses appointed that ú Nisan, which is the same with Xanthicus, should be the first month for their festivals, because he brought them out of Egypt in that month: so that this month began the year as to all the solemnities they observed to the honor of God, although he preserved the original order of the months as to selling and buying, and other ordinary affairs. Now he says that this flood began on the twenty-seventh [seventeenth] day of the forementioned month; and this was two thousand six hundred and fifty-six [one thousand six hundred and fifty-six] years from Adam, the first man; and the time is written down in our sacred books, those who then lived having noted down, with great accuracy, both the births and deaths of illustrious men.

Hereupon Zenodorus was grieved, in the first place, because his principality was taken away from him; and still more so, because he envied Herod, who had gotten it; So he went up to Rome to accuse him, but returned back again without success. Now Agrippa was [about this time] sent to succeed Cæsar in the government of the countries beyond the Ionian Sea, upon whom Herod lighted when he was wintering about Mitylene, for he had been his particular friend and companion, and then returned into Judea again. However, some of the Gadarens came to Agrippa, and accused Herod, whom he sent back bound to the king without giving them the hearing. But still the Arabians, who of old bare ill-will to Herod's government, were nettled, and at that time attempted to raise a sedition in his dominions, and, as they thought, upon a more justifiable occasion; for Zenodorus, despairing already of success as to his own affairs, prevented [his enemies], by selling to those Arabians a part of his principality, called Auranitis, for the value of fifty talents; but as this was included in the donations of Cæsar, they contested the point with Herod, as unjustly deprived of what they had bought. Sometimes they did this by making incursions upon him, and sometimes by attempting force against him, and sometimes by going to law with him. Moreover, they persuaded the poorer soldiers to help them, and were troublesome to him, out of a constant hope that they should reduce the people to raise a sedition; in which designs those that are in the most miserable circumstances of life are still the most earnest; and although Herod had been a great while apprized of these attempts, yet did not he indulge any severity to them, but by rational methods aimed to mitigate things, as not willing to give any handle for tumults.

Now Agrippa stood in his bonds before the royal palace, and leaned on a certain tree for grief, with many others, who were in bonds also; and as a certain bird sat upon the tree on which Agrippa leaned, [the Romans call this bird bubo,] [an owl,] one of those that were bound, a German by nation, saw him, and asked a soldier who that man in purple was; and when he was informed that his name was Agrippa, and that he was by nation a Jew, and one of the principal men of that nation, he asked leave of the soldier to whom he was bound, to let him come nearer to him, to speak with him; for that he had a mind to inquire of him about some things relating to his country; which liberty, when he had obtained, and as he stood near him, he said thus to him by an interpreter: "This sudden change of thy condition, O young man! is grievous to thee, as bringing on thee a manifold and very great adversity; nor wilt thou believe me, when I foretell how thou wilt get clear of this misery which thou art now under, and how Divine Providence will provide for thee. Know therefore [and I appeal to my own country gods, as well as to the gods of this place, who have awarded these bonds to us] that all I am going to say about thy concerns shall neither be said for favor nor bribery, nor out of an endeavor to make thee cheerful without cause; for such predictions, when they come to fail, make the grief at last, and in earnest, more bitter than if the party had never heard of any such thing. However, though I run the hazard of my own self, I think it fit to declare to thee the prediction of the gods. It cannot be that thou shouldst long continue in these bonds; but thou wilt soon be delivered from them, and wilt be promoted to the highest dignity and power, and thou wilt be envied by all those who now pity thy hard fortune; and thou wilt be happy till thy death, and wilt leave thine happiness to the children whom thou shalt have. But do thou remember, when thou seest this bird again, that thou wilt then live but five days longer. This event will be brought to pass by that God who hath sent this bird hither to be a sign unto thee. And I cannot but think it unjust to conceal from thee what I foreknow concerning thee, that, by thy knowing beforehand what happiness is coming upon thee, thou mayst not regard thy present misfortunes. But when this happiness shall actually befall thee, do not forget what misery I am in myself, but endeavor to deliver me." So when the German had said this, he made Agrippa laugh at him as much as he afterwards appeared worthy of admiration. But now Antonia took Agrippa's misfortune to heart: however, to speak to Tiberius on his behalf, she took to be a very difficult thing, and indeed quite impracticable, as to any hope of success; yet did she procure of Macro, that the soldiers that kept him should be of a gentle nature, and that the centurion who was over them and was to diet with him, should be of the same disposition, and that he might have leave to bathe himself every day, and that his freed-men and friends might come to him, and that other things that tended to ease him might be indulged him. So his friend Silas came in to him, and two of his freed-men, Marsyas and Stechus, brought him such sorts of food as he was fond of, and indeed took great care of him; they also brought him garments, under pretense of selling them; and when night came on, they laid them under him; and the soldiers assisted them, as Macro had given them order to do beforehand. And this was Agrippa's condition for six months' time, and in this case were his affairs.

Celsus, moreover, sneers at the “hatred” of Esau (to which, I suppose, he refers) against Jacob, although he was a man who, according to the Scriptures, is acknowledged to have been wicked; and not clearly stating the story of Simeon and Levi, who sallied out [on the Shechemites] on account of the insult offered to their sister, who had been violated by the son of the Shechemite king, he inveighs against their conduct. And passing on, he speaks of “brothers selling [one another],” alluding to the sons of Jacob; and of “a brother sold,” Joseph to wit; and of “a father deceived,” viz. Jacob, because he entertained no suspicion of his sons when they showed him Joseph’s coat of many colours, but believed their statement, and mourned for his son, who was a slave in Egypt, as if he were dead. And observe in what a spirit of hatred and falsehood Celsus collects together the statements of the sacred history; so that wherever it appeared to him to contain a ground of accusation he produces the passage, but wherever there is any exhibition of virtue worthy of mention—as when Joseph would not gratify the lust of his mistress, refusing alike her allurements and her threats—he does not even mention the circumstance! He should see, indeed, that the conduct of Joseph was far superior to what is related of Bellerophon, since the former chose rather to be shut up in prison than do violence to his virtue. For although he might have offered a just defence against his accuser, he magnanimously remained silent, entrusting his cause to God.

One who buys from a field owner, and then buys from him again, he may give tithes from the one [purchase] for the other, even when [the purchases come] from two baskets and even from two towns. A field owner who was selling vegetables in the market: when he brings them from his garden, he may tithe from one for all; But [if he brings them] from other gardens, he must tithe each lot separately.

If they were sitting at the gate or a shop, and one said [to them], “Take for yourselves figs,” they may eat and be exempt from tithes, but the owner of the gate, or the owner of the shop, is liable [to give tithe]. Rabbi Judah exempts him unless he turns his face or changes the place where he was sitting [and selling].

Bet Shammai says: the jars must be opened and emptied into the wine-press. Bet Hillel says: they must be opened but need not be emptied. When does this apply? In a place where they are usually sold closed, but in a place where they are usually sold open, the jar does not revert to hullin. If, however, he wishes to be stringent upon himself and to sell [only] by measure, the jar reverts hullin. Rabbi Shimon says: also when one says to his friend, “This jar [of wine] I am selling to you from its jar, the jar reverts to hullin.

One who opened his jar [of wine] or broke into his dough [to sell them] on account of the festival [and an am haaretz touched the wine or dough]: Rabbi Judah says: he may finish [selling them after the festival]; But the sages say: he may not finish. When the festival was over, they undertook the purification of the Temple court. If the festival ended on Friday, they did not undertake [the purification of the Temple court] because of the honor of the Shabbat. Rabbi Judah said: even not on Thursday, for the priests are not free.

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].

Four types of vows the Sages have invalidated: Vows of incentive, vows of exaggeration, vows in error, and vows [broken] under pressure. Vows of incentive how so? If one was selling an article and said, “Konam that I will not reduce below a sela”; and the other replied, “Konam that I will not add above a shekel” both of them want [a price] of three denarii. Rabbi Eliezer ben Jacob says: Also one who wishes to subject his friend to a vow to eat with him, may say: “Every vow which I may make in the future shall be void”, providing that he remembers this at the time of the vow.

If a man stole [an ox or a sheep] according to the evidence of two witnesses, and killed or sold it according to their evidence, and they are found to be false witnesses, they must pay the whole penalty. If he stole it according to the evidence of two witnesses, and killed it or sold it according to the evidence of two others, and both pairs are found to be false witnesses, the first pay twofold restitution and the last pay threefold restitution. If the second [only] were found to be false witnesses, the thief must make twofold restitution and they threefold restitution. If one of the second set of witnesses was found to be a false witness, the evidence of the other is void. If one of the first set of witnesses was found to be a false witness, the entire evidence is void, since if there is no evidence for stealing there is no evidence for slaughtering or selling.

Just as the laws of fraud apply to buying and selling, so to do they apply to the spoken word. One may not say, “How much is this object?, if he does not wish to buy it. If one had repented, another should not say to him, “Remember your earlier deeds”. If one descended from converts, another should not say to him, “Remember the deeds of your ancestors”. For it is said (Exodus 22:21), “And a stranger you shall not wrong or oppress.”

What is usury (neshech) and what is increase (tarbit)? It is usury (neshech) when a man lends a sela for five dinars, or two seahs of wheat for three, because he bites (noshech) [off too much]. And what is increase? When a man increases [his gains] by [selling] produce. How is this so? [If] one bought wheat at a golden dinars [=25 silver dinars] for a kor when such was the market price, and then wheat rose to thirty [silver] dinars [per kor]. [If] he said to him, “Give me my wheat since I would sell it and buy wine with the proceeds” and the other said, “Let your wheat be reckoned with me at thirty dinars and you now have a claim on me for wine [to that value], although the creditor has no wine.

If a man sold a house he has sold also the door, but not the key. He has sold a permanent mortar but not a movable one. He has sold the convex millstone (the lower, usually fixed stone) but not the concave one. Nor [has he sold] the oven or the stove. But if he had said: “[I am selling to you] the house and all that is in it, these are also sold.”

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.

The following are strangled: One who strikes his father or mother; One who kidnaps a Jew; An elder who rebels against the ruling of the court; A false prophet; One who prophesies in the name of an idol; One who commits adultery; Witnesses who testified falsely [to the adultery of] a priest’s daughter, and the one who has had sexual relations with her. The one who strikes his father or his mother is liable only if he wounds them. In this respect, cursing is more stringent than striking, for one who curses [his/her parents] after death is liable, while one who strikes them after death is not. One who kidnaps a Jew is not liable unless he brings him onto his own property. Rabbi Judah said: “Until he brings him onto his own property and puts him to service, as it says, “If a man is found to have kidnapped a fellow Israelite, enslaving him or selling him” (Deut. 24:7). If he kidnaps his own son. Rabbi Ishmael the son of Rabbi Yohanan ben Beroka declares him liable, but the Sages exempt [him]. If he kidnapped one who was half a slave and half free, Rabbi Judah declares him liable, but the Sages exempt [him].

If one is suspected of selling terumah as hullin, one may not buy even water and salt from him, the words of Rabbi Judah. Rabbi Shimon says: [one may not buy from him] whatever is connected to terumah and tithes.

If one found produce on the road: If the majority [of the inhabitants] gathered produce into their homes, he is exempt [from tithes]; If [the majority gathered it] for selling in the market, he is liable [for tithes]; If they were half and half, the produce is demai. A granary into which both Israelites and non-Jews put their produce, If the majority were non-Jews, [the produce must be considered] certainly untithed; If the majority were Israelites, [it must be considered] demai; If they were half and half, [it must be considered] certainly untithed, the words of Rabbi Meir. But the sages say: even if they were all non-Jews, and only one Israelite put his produce into the granary, [it must be considered] demai.

The colleagues in the name of Rebbi Eleazar: It is Rebbi Meïr’s, since Rebbi Meïr said, they permitted to sell demay only to the commissioned grain merchant. Rebbi Yose objected, does not the Mishnah disagree? “The following sell wholesale in large quantities, for example commissioners and grain merchants.” Hence, there must be others! Rebbi Yose said, this is not what Rebbi Eleazar referred to, but the following, as we have stated: “When is this statement operative, if he sells in his bakeshop or at the door of his bakeshop. But if he was selling in the bakery or in his bakeshop adjacent to the bakery, he must give all tithes on it.” The colleagues in the name of Rebbi Eleazar: It is Rebbi Meïr’s, since Rebbi Meïr said, they only permitted to the commissioned grain merchant to sell demay. Which (statement of) Rebbi Meïr? The one we have stated next: “Rebbi Meïr says, something which usually he measured wholesale and he measured retail, the retail is adjunct to the wholesale.” Rebbi Ḥiyya stated: “Something which usually is measured wholesale and he measured it retail, the retail is adjunct to the wholesale.” And so the bakery is retail but the bakeshop is wholesale, there the wholesale is adjunct to the retail.

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.

“ A cow of a Cohen that was put in an Israel’s care and gave birth to a firstborn calf, the firstborn calf is the Cohen’s, the words of Rebbi Jehudah. But the Sages say, the firstborn is their common property. Rebbi Jehudah said to them, do you not agree with me that the tithes of his field are his? They said to him, because the body of the field is his property, but the body of the cow is joint property. If the body of the cow were sole property of the Cohen, the firstborn would be the Cohen’s.” We have stated accordingly, “put in care means joint responsibility, selling is the sole responsibility of him who gives.”

It was stated: “There should not be five people collecting and one selling for them, but one may sell his own and that of a colleague. 50 brothers may collect and one sells for them.” Rebbi Yose ben Rebbi Abun said, but only should they not have a store, [i. e.], that he should not sell at the same place all year round; some say that he should not sell at all hours.

Rebbi Simeon ben Ioḥai was hidden in a cave for thirteen years, in a carob cave, until his body was covered with rust. At the end of thirteen years he said, should I not go out and see what voice is in the world? He went and sat at the entrance to the cave. He saw a catcher out to catch birds spreading out his net. He heard a heavenly voice saying “acquitted”, and [the bird] was saved. He said, no bird will be adjudicated without Heaven, so much less a human. When he saw that words of intercession were given, he said, let us go down and warm ourselves in the public baths of Tiberias. He said, we need to do something like our forefathers (Gen. 33:18): “He graced the entrance to the city,” they were putting up duty free shops and selling at wholesale prices. He said, let us purify Tiberias. He took lupines, cut them up and threw them down in irregular fashion. Where there was a corpse it was floating and came to the surface. A Samaritan saw him and said, should I not make fun of this old Jew? He took a corpse, went, and buried it at a purified place. He came to Rebbi Simeon bar Ioḥai and said to him, did you not purify place X? Come, and I shall take out [a corpse] from there! Rebbi Simeon bar Ioḥai saw by the Holy Spirit that he had put it there. He said, I decree that the upper ones shall go down and the lower ones come up. So it happenend to him. When he passed by Magdala, he heard the voice of the scribe who said, so bar Ioḥai purifies Tiberias? He said, it should come upon me if I did not hear that Tiberias once will be purified. Even so, you did not believe me! Immediately he turned into a bone heap.

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 Jeremiah asked: Is crocus permitted as aftergrowth? Rebbi Tanḥum bar Jeremiah asked, did we not state: “One does not buy flax from anybody suspect in matters of the Sabbatical, not even combed?” Is flax not like wood chips? Rebbi Ḥinena said, because of its seed. Rebbi Mana said, if it were because of its seed, did we not state: “ One does not buy water or salt from anybody suspect of selling heave as profane?” Can you say, water or salt because of their seeds? No, as a fine. Here also as a fine.

MISHNAH: If what was bought with tithe money became impure, it should be redeemed. Rebbi Jehudah says, it should be buried. They said to Rebbi Jehudah, if original Second Tithe which became impure is redeemed, what was bought with tithe money and became impure certainly should be redeemed. He said to them, no! If you said about original Second Tithe, which can be redeemed when it is pure and far from the Place, can you say the same about what was bought with tithe money which cannot be redeemed when it is pure and far from the Place? If a deer bought with tithe money died, it should be buried in its hide. Rebbi Simeon says, it should be redeemed. If he bought it alive and slaughtered it, if it became impure it should be redeemed. Rebbi Yose said, it should be buried. If he bought it slaughtered and it became impure, he treats it following the rules of produce. If somebody lends flasks for Second Tithe, even if he closed the top with clay, tithe did not acquire it. If he filled them without saying anything, before he closed the top with clay, tithe did not acquire it; after he closed the top with clay, tithe acquired it. Before he closed the top with clay, one may lift by 101, after he closed the top with clay any one sanctifies. Before he closed the top with clay, he gives heave from one for all, after he closed the top with clay he has to give heave from each single one. The House of Shammai say, he opens and pours into a vat, but the House of Hillel say, he opens and does not have to pour. Where has this been said? At a place where usually one sells sealed, but at a place where usually one sells open, the flask did not become profane. However, if he is meticulous to sell by volume, the flask did become profane. Rebbi Simeon said, also if somebody says to another person, I am selling to you this amphora except its flask, the flask became profane.

“If he said, a quartarius of profane is in this barrel, the barrel is profane.” Rebbi Ḥiyya in the name of Rebbi Joḥanan: The Mishnah says so, “Rebbi Simeon said, also if somebody says to another person, I am selling to you this amphora except its flask, the flask became profane.”

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

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

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

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

HALAKHAH: Is it permitted to raise them? Rebbi Abba said, for example Mahir which is sixteen by sixteen mil. They wanted to say, he who said it is permitted to sell [says] it is permitted to leave it alone. But he who says, it is forbidden to sell [says] it is forbidden to leave it alone. Rebbi Jonah, Rebbi Eleazar in the name of Rav: Even one who says it is permitted to sell it [says] it is forbidden to leave it alone. What is the difference between selling and leaving alone? There, because he intends to sell it to him it is like the Gentile’s animal. But here it is the Jew’s animal and he is suspected about it.

There grew two cedars on the Mount of Olives. Under one of them there were four shops selling in purity; from the other they were bringing 40 seah of pigeon chicks every single month and from there were providing all of Israel with nests. Mount Simon was producing 200 barrels of fig pieces every Friday. Why was it destroyed? Some say, because of whoring; but some say it was because they were playing ball. 10’000 towns were on King’s Mountain; Rebbi Eleazar ben Ḥarsom owned 1’000 of them, and correspondingly 1’000 ships on the Sea. And all of them were destroyed. Of three villages was the qtmos brought to Jerusalem in carts, Kabul, Shiḥin, and Magdala of the dyers All three were destroyed. Kabul because of quarrel, Sḥihin because of sorcery, and Magdala of the dyers because of whoring. Three villages of which each one was populated by twice the number of those leaving Egypt, the evil village, the cress village, and the boys’ village. Why was it called evil village? Because they did not receive travellers. Why was it called cress village? Because they were growing children like cress. Why was it called boys’ village? Because all their women gave birth to boys. If one of them never left from there she would not give birth to a girl. Rebbi Joḥanan said, 80 pairs of priestly brothers married 80 pairs of priestly sisters at Gufna in one night, not counting brothers but not sisters, sisters but not brothers, not counting Levites, not counting Israel. Rebbi Joḥanan said, in Magdala of the dyers there were 80 establishments of fustian. Rebbi Ḥiyya bar Abba said, 80 stores selling in purity were in Kefar Imra. Rebbi Jeremiah in the name of Rebbi Ḥiyya bar Abba, 80 metal shidda were in Shiḥin. Rebbi Yannai said, in our time was no shidda. Rebbi Ze`ira in the name of Rav Ḥuna: Immer was the smallest of the watches, and it was producing 85’000 young priests.

There grew two cedars on the Mount of Olives. Under one of them there were four shops selling in purity; from the other they were bringing 40 seah of pigeon chicks every single month and from there were providing all of Israel with nests. Mount Simon was producing 200 barrels of fig pieces every Friday. Why was it destroyed? Some say, because of whoring; but some say it was because they were playing ball. 10’000 towns were on King’s Mountain; Rebbi Eleazar ben Ḥarsom owned 1’000 of them, and correspondingly 1’000 ships on the Sea. And all of them were destroyed. Of three villages was the qtmos brought to Jerusalem in carts, Kabul, Shiḥin, and Magdala of the dyers All three were destroyed. Kabul because of quarrel, Sḥihin because of sorcery, and Magdala of the dyers because of whoring. Three villages of which each one was populated by twice the number of those leaving Egypt, the evil village, the cress village, and the boys’ village. Why was it called evil village? Because they did not receive travellers. Why was it called cress village? Because they were growing children like cress. Why was it called boys’ village? Because all their women gave birth to boys. If one of them never left from there she would not give birth to a girl. Rebbi Joḥanan said, 80 pairs of priestly brothers married 80 pairs of priestly sisters at Gufna in one night, not counting brothers but not sisters, sisters but not brothers, not counting Levites, not counting Israel. Rebbi Joḥanan said, in Magdala of the dyers there were 80 establishments of fustian. Rebbi Ḥiyya bar Abba said, 80 stores selling in purity were in Kefar Imra. Rebbi Jeremiah in the name of Rebbi Ḥiyya bar Abba, 80 metal shidda were in Shiḥin. Rebbi Yannai said, in our time was no shidda. Rebbi Ze`ira in the name of Rav Ḥuna: Immer was the smallest of the watches, and it was producing 85’000 young priests.

HALAKHAH: And not following Rebbi Jehudah, since Rebbi Jehudah said, he sits and watches. Rebbi Jacob bar Aḥa in the name of the rabbis: merchandise in danger of spoilage may be moved on the holiday. Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: it is permitted to buy from a caravan on the intermediate days of a holiday, if he knows that the caravan comes and depresses the prices. Rebbi Mana said, if he knows that not buying would depress his earnings he may buy; otherwise he may not buy. [Rebbi Yose bar Abun said, earnings and capital are capital. If he knows that not buying would depress his capital he may buy; if not he may not buy.] Rebbi Jonah and Rebbi Yose instructed in the matter of fine tissues that one may buy them on the holiday to be used on he holiday. Rebbi Isaac ben Rebbi Eleazar commanded to Rebbi Hoshaia ben Rebbi Shammai who was coming from a ship: Sell if you know that if you are selling the ship will wait for you when you come to drink with us; otherwise do not sell. Rebbi Jonah from Bostra had books. He asked Rebbi Huna, may I sell them on the holiday? He told him, enjoy the holiday, drink spiced wine.

Rebbi Abba bar Mamal said, If there were somebody who would vote with me, I would permit to sell firstling meat by the pound and I would permit to work on the intermediate days of the holiday. They only forbade to sell firstling meat by the pound so it should be sold cheaply; but they are tricky about it and selling it dearly. They only forbade to work on the intermediate days of the holiday so they should eat, and drink, and exert themselves in Torah; but they eat, and drink, and behave wantonly.

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.”

“Similarly, if three who invested together lost or gained they would split in this manner.” Rebbi Eleazar said: You say that in case the tetradrachma lost or added value. But for earnings or losses they split evenly. That is difficult! One gave 100 denars and the other gave ten, and you say so? The colleagues say, he may say to him, by my contribution the merchandise rose. So far, if they ran after little merchandise. If there was much merchandise? Rebbi Abun bar Ḥiyya said, he may say to him, by the time you sold one piece, I am selling ten. That is, at a nearby place. If it was far away? Rebbi Hila said, he may say to him, by the time you go and return once, I am going and returning ten times. There, we have stated: “If [the ox] gored an ox worth 200, the last one takes 100, the one before him 50, and the two first ones a gold denar.” Rebbi Samuel in the name of Rebbi [Ze‘ira]: The same holds for earnings. Rebbi Yose said, the statement of Rebbi Ze‘ira disagrees with Rebbi Eleazar. Rebbi Mana said before Rebbi Yudan: Does Rebbi Eleazar not agree if they contracted between themselves that each can take according to his contribution? Oxen are as if contracted. He turned around and said, they disagree explicitly: Rebbi Eleazar said, if nothing was said, they split evenly; Rebbi Ze‘ira said, if nothing was said, each takes according to his contribution.

HALAKHAH: Samuel said, if she said, all produce of the world is qônām for me; if there was grain heaped in the grain container, he may buy for her from that. Rebbi Simeon ben Laqish said, “the produce of the people of this province [is qônām] for me, if there were strangers selling there, he can buy from them.

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

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

Ḥilfai said: Bring me to the river’s edge. If I cannot derive Rebbi Ḥiyya the Elder’s baraita from the Mishnah, throw me into the river. They said to him, did not Rebbi Ḥiyya state: “A tetradrachma are four denar.” He said to them, we also have stated: “By how much can a tetradrachma be deficient without being fraudulent? Rebbi Meïr said four as, one as per denar.” They said to him, did not Rebbi Ḥiyya state: “Six silver obols are a denar.” He said to him, I also have stated it: “Fraud is four silver coins for twenty-four silver coins, a tetradrachma, one sixth of the selling price.” They said to him, did not Rebbi Ḥiyya state: “Two dupondii are an obolus.” He said to them, we also have stated thus: “He gives a tetradrachma and a dupondius per year.” They said to him, did not Rebbi Ḥiyya state: “Two as are a dupondius”. He said to them, we also have stated thus: “He who put aside an as and ate for half of its worth, then went to another place where it is worth a dupondius, has to eat another as for it.” They said to him, did not Rebbi Ḥiyya state: “Two semisses are an as, two quadrantes are a semis, two peruṭot are a quadrans.” He said to them, we also have stated thus: “How much is a peruṭah? One eighth of an Italic as.”

New paragraph. “Rebbi Meïr says that a man should try to teach his son a clean trade,” etc. What should a man do? A person should try and teach his son an unassuming trade and pray for mercy to Him to Whom riches belong since there is no trade in which poor and rich people are not found, for everything depends on a person’s merit. Rebbi Simeon ben Eleazar in the name of Rebbi Meïr: Did you ever see a lion porter, a (lion) [deer] maker of fig cakes, a fox grocer, a wolf selling pots? And they sustain themselves without pain. Why were they created? Only to serve me, and I was created to serve my Maker. Is it not an argument de minore ad maius? Since they were created to serve me and sustain themselves so without pain, should it not be logical that I, who was created to serve my Maker, should be able to sustain myself without pain? What caused me to have to sustain myself with pain? One has to say, my sins. Because I worsened my deeds and destroyed my sustenance.

There, we have stated: “Similarly, if three who invested together lost or gained they would split in this manner.” Rebbi Abun said, the statement looks reasonable if they bought a precious stone because he can say to him, without my ten denars you could not have bought anything. But anything that usually is split {smaller units that can be bought with less capital} one adds together and splits {proportionally to the capital invested}. Rebbi Eleazar says, even things that usually are split [are divided evenly], because he can say to him, you have a lot of merchandise and you have difficulty selling it. I have little merchandise and turn it over rapidly and make as much as you do. So far if his merchandise was here. What if his merchandise was in Rome? He can say to him, by the time you went to Rome, I turn mine over rapidly here and make as much as you do.

It was stated: “I am selling you a fertile slave girl, her children increase her value. Rabban Simeon ben Gamliel says, this is buttocks.” It is written: “If quarrelling men hit a pregnant woman and she loses her children.” Abba Yose ben Ḥanan said, from the meaning of “and she loses her children” would I not know that she was pregnant? Then why does the verse say “pregnant”? It tells you that he is not liable unless he hits her at the place of her pregnancy. Therefore, if he hit her on the palm of her hand or the sole of her foot, he is not liable. “As the woman’s husband will put on him”. Do I understand, even if the pregnancy is not his? The verse says, “pregnant”. It tells that he pays only to the master of the pregnancy. Rebbi Uqba asked, if somebody sleeps with his mother or his sister, is that one not also the master of the pregnancy? The verse says “husband”, somebody who may be called “husband”. This excludes those who cannot be called “husband”.

MISHNAH: One was convicted of theft on the testimony of two witnesses and of slaughtering or selling on their testimony; if they are found perjured they pay everything to him. If he was convicted of theft on the testimony of two witnesses and of slaughtering or selling on the testimony of two others who all were found perjured, the first group pays double restitution and the second group triple. If the second group were found perjured, he pays double restitution while they pay triple. If one of the second group was found perjured, the second testimony is invalidated. If one of the first group is found perjured, the entire testimony is invalidated since if there is no theft there is no slaughter or sale.

MISHNAH: One was convicted of theft on the testimony of two witnesses and of slaughtering or selling on their testimony; if they are found perjured they pay everything to him. If he was convicted of theft on the testimony of two witnesses and of slaughtering or selling on the testimony of two others who all were found perjured, the first group pays double restitution and the second group triple. If the second group were found perjured, he pays double restitution while they pay triple. If one of the second group was found perjured, the second testimony is invalidated. If one of the first group is found perjured, the entire testimony is invalidated since if there is no theft there is no slaughter or sale.

Rebbi Justus ben Rebbi Matton asked: If somebody redeems a string of dry figs from the Temple treasurer, does it become ṭevel for tithes? Rebbi Simeon ben Laqish asked: Did we not state about him who “stole, dedicated it, and afterwards slaughtered or sold”? As you say there, the one who dedicates is not like a seller, so one who redeems is not like a buyer. The word of Rebbi Simeon ben Laqish implies that selling is like redeeming. They said, he has the choice of redeeming and eating it.

HALAKHAH: “Anything which works and eats,” etc. It was stated: There should not be given food in the value of a calf to calves, a foal to foals, or a chicken to chickens. It happened that a man found five calves; he was selling and feeding until only one was left. Rav Jehudah in the name of Rav: Practice follows Rebbi Tarphon about objects with distinguishing marks. Rebbi Abba and Rav Jehudah in the name of Rav: It happened that Rebbi instructed following Rebbi Tarphon in a case about objects with distinguishing marks. Rav Jehudah said, a scholar does not have to indicate a distinguishing mark. Rav Huna said, everybody agrees that if it was a bundle of coins he may not touch them.

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

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

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

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

MISHNAH: If somebody sells grain to another and it did not sprout, or even flax seed, he is not responsible for it. Rabban Simeon ben Gamliel said, for garden seeds which are not edible he is responsible. If somebody sells produce to another he has to accept a quarter [qab] of chaff per se’ah; for figs he has to accept ten worm-bitten ones per hundred; with a wine cellar he has to accept ten sour ones per hundred; with vessels in the Sharon he has to accept ten pitassaot per hundred. If somebody sells wine to another and it turned into vinegar, he is not responsible for it. But if it was known that his wine turns into vinegar, it is a buy in error. If he told him, I am selling you spice wine, it has to keep until Pentecost. “Old” is from the year before, “aged” from three years.

It was stated: “100 amphoras I am selling to you, he has to deliver wine in the quality which is customarily sold at this place. 100 amphoras of wine I am selling to you, he has to deliver wine in the quality which is customarily sold at this store. These 100 amphoras I am selling to you, even if they were vinegar they are delivered.” Rebbi Ḥiyya bar Abba: If the vessels belonged to the buyer, he may tell him: I sold to you for [immediate] consumption.

It was stated: “100 amphoras I am selling to you, he has to deliver wine in the quality which is customarily sold at this place. 100 amphoras of wine I am selling to you, he has to deliver wine in the quality which is customarily sold at this store. These 100 amphoras I am selling to you, even if they were vinegar they are delivered.” Rebbi Ḥiyya bar Abba: If the vessels belonged to the buyer, he may tell him: I sold to you for [immediate] consumption.

It was stated: “100 amphoras I am selling to you, he has to deliver wine in the quality which is customarily sold at this place. 100 amphoras of wine I am selling to you, he has to deliver wine in the quality which is customarily sold at this store. These 100 amphoras I am selling to you, even if they were vinegar they are delivered.” Rebbi Ḥiyya bar Abba: If the vessels belonged to the buyer, he may tell him: I sold to you for [immediate] consumption.

MISHNAH: If somebody says to another: I am selling you a bet kor of dust, if there were depressions ten handbreadths deep or rocks ten handbreadths high, they are not measured with it; less than that they are measured with it. But if he said, about a bet kor of dust, if there were depressions deeper than ten handbreadths or rocks higher than ten handbreadths, they are measured with it.

HALAKHAH: “If somebody says to another: I am selling you a bet kor of dust,” etc. Rebbi Yasa said in the name of Rebbi Joḥanan: Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it is in the middle, it is measured, at the side it is not measured. What is a side and what is in the middle? In the House of Rebbi Yannai they said, any place surrounded by a ploughed area is in the middle; any place not surrounded by a ploughed area is to the side. Rebbi Yose came in the name of Rebbi Joḥanan: If it was a majority on one side, but if you spread it, it becomes a smaller part, and it is measured with it. How wide? Rebbi Ḥaggai said, up to four cubits. Rebbi Yose ben Rebbi Abun said, up to ten handbreadths. If there was a depression ten handbreadths deep but less than four wide, what is the rule? Let us hear from the following, what Rebbi Yasa said in the name of Rebbi Joḥanan: “Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it was split, it is measured with it.” This means that if the greater part of it was on one side, but if you spread it, it becomes the smaller part and is not measured with it. If there was a long depression which added up to a bet rova‘? Rebbi Ḥiyya bar Abba asked: If it was shaped like sticks, is it measured with it or not? Rebbi Yudan bar Ismael asked: If it was like marble plates, is it measured with it or not? Rebbi Isaac bar Tebelai asked: If it was formed like chairs, does he measure from the place of its wall or does he measure from its declivity? Rav Huna in the name of Rav, [Rebbi] Ḥiyya in the name of Rebbi Joḥanan: Only if the total agricultural area was four bet kor.

MISHNAH: “I am selling you a bet kor of dust measured by the surveyor’s measuring tape,” if a little bit be missing, he deducts, if it be a little more, he has to refund. If he said “more or less,” even if it was deficient by a quarter [qab] per se’ah or redundant by a quarter [qab] per se’ah, he received it. For more than that one makes a computation. What does he return? Money. But if he agreed, he returns land to him. Then why did they say, he returns money to him? To empower the seller, for if this one retained for himself a space for nine qab, or in a vegetable garden the space for half a qab (or following Rebbi Aqiba a bet rova‘) he returns land to him. Not only the quarter [qab] he has to return but all the excess.

HALAKHAH: “I am selling you a bet kor of dust,” etc. Here, you say that “he has received it.” But there, you say that “not only the quarter [qab] he has to return but all the excess”? They said, since you exclude him from the rule of “less than measured by the surveyor’s measuring tape” you return him to the rules of “by the surveyor’s measuring tape.”

“If somebody say to another: I am selling you half a field,” etc. Rebbi Huna said, the sixth itself he shall deduct.

MISHNAH: If somebody say to another: I am selling you half a field, they estimate in common and he takes half of his field. Its Southern part I am selling to you, they estimate in common and he takes the Southern half. He has to accept the place of the wall, the trench or the small trench. How much is a trench? Six handbreadths. And the small trench, three.

MISHNAH: If somebody say to another: I am selling you half a field, they estimate in common and he takes half of his field. Its Southern part I am selling to you, they estimate in common and he takes the Southern half. He has to accept the place of the wall, the trench or the small trench. How much is a trench? Six handbreadths. And the small trench, three.

HALAKHAH: It was stated: If somebody says to another: I am selling you half a field, and X and Y and half of Z surround you. Rav Huna, and Rav Jehudah, and Rebbi Jeremiah. One said, he gives him [an area shaped] like a pandur. And one said, he gives him something like a strip of cloth. And one said, he gives him something like patches.

Rebbi Yannai in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah: “If [in the document] it was not written ‘bedridden’ but he says, I was bedridden,” etc. Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” etc. A young man was selling his properties. The case came before Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan. Rebbi Ḥiyya bar Joseph said, the presumption is that they signed for a mentally capable person. Rebbi Joḥanan said, since he undertook to uproot the properties from the family, he has to bring proof. Rebbi Joḥanan said, the holder of documents is advantaged. Rebbi Yasa asked before Rebbi Joḥanan, how about Rebbi, since Rebbi said, the holder of documents is disadvantaged? He told him, everybody agrees that the holder of documents is advantaged. But how could you say that a case came before Rebbi Ḥiyya bar Joseph who said, the presumption is that they signed for a mentally capable person. And you said, since he undertook to uproot the properties from the family to another family, he has to bring proof! He told him, I never said this. Rebbi Ze‘ira said before Rebbi Yasa, even if Rebbi Joḥanan wants to deny it, did not Rebbi Yannai say in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah? This is the opinion of the Sages who follow Rebbi.

But what did the evil Bileam do? Because he counseled Balaq ben Ṣippor to fell Israel by the sword. He told him, the God of this people hates whoring. If you put up your daughters for whoring, you may rule over them. He answered, but will they listen to me? He told him, put your own daughter up, they will see and listen to you. That is what is written: he is the head of related tribes in Midian. What did they do? They built dining rooms from Bet Hayyešimon to the Snow Mountain and installed there women selling pastries. They put an old woman outside and a young girl inside. Israel were eating and drinking. If one of them went to stroll around, to buy himself something from the grocer, the old woman would offer to sell to him for the going price, but the girl told him, come and take it for less. This happened that first day, the second day, the third day. After that, she told him, from now on you are like a member of the family; enter and select for yourself. When he entered, there was a pitcher full of wine, of the strong Ammonite wine which seduces the body to whoring. Its smell was seething and (Gentile wine) [libation wine] was not yet forbidden for Israel. She told him, maybe you want to drink a cup of wine? He answered her, yes. She gave to him and he drank. When he drank, the wine was burning in him like a viper’s poison; he told her, consent to me. She told him, do you want me to consent to you? He answered, yes. Immediately she took out a shape of Peˋor from her bosom and told him, bow down before this one and I shall consent to you. But he answered her, should I bow down before foreign worship? She told him, you do not bow down, you only strip for it. This is what the Sages said, “one who defecates in front of Baal Peˋor follows its worship. One who throws a stone at a statue of Mercury follows its worship.” There was a pitcher full of wine, of the strong Ammonite wine which seduces the body to whoring. Its smell was seething and libation wine was not yet forbidden for Israel. She told him, maybe you want to drink a cup of wine? He answered her, yes. She gave to him and he drank. When he drank, the wine was burning in him like a viper’s poison; he told her, consent to me. She told him, do you want me to consent to you? He answered, yes. She told him, make a vow to deny the teachings of Moses and I shall consent to you. That is what is written: They came to Baal-Peˋor, made vows for the shame, and turned into abominations like their love life.

HALAKHAH: “At a place where they used to sell small cattle,” etc. But is it permitted to raise them? Rebbi Abba said, for example Mahir which is sixteen by sixteen mil. They wanted to say, he who said it is permitted to sell [says] it is permitted to raise. But he who says, it is forbidden to sell [says] it is forbidden to leave it alone. Rebbi Jonah, Rebbi Eleazar in the name of Rav: Even one who says it is permitted to sell it [says] it is forbidden to leave it alone. What is the difference between selling and leaving alone? When he sells it to him it becomes the Gentile’s animal. If he lets it be alone with him, it is the Jew’s animal and he is suspected about it.

It was stated: One does not buy from a Gentile who sells Torah scrolls, phylacteries, and mezuzzot. “It happened that a Gentile in Sidon was selling phylacteries, Torah scrolls, and mezuzzot. The case came before the Sages who ruled that one might buy from him.” Rebbi Samuel ben Naḥman in the name of Rebbi Ḥama bar Ḥanina: This was a convert who returned to his origin.

Rebbi Aha, Rebbi Tanḥum in the name of Rebbi Joshua ben Levi: If one sent asa foetida he is trustworthy. Rebbi Jacob bar Aḥa, Rebbi Jacob bar Idi in the name of Rebbi Joṣhua ben Levi: If one sent dark blue wool he is trustworthy. The lad of Levi of Ṣanbar was selling produce. Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: The slave of a trustworthy person is trustworthy. Germanus the slave of Rebbi Jehudah the Prince had dark blue wool. Rebbi Yasa in the name of Rebbi Joḥanan: The slave of an expert is like an expert.

If he worked for him half a day in prohibition and half a day in permission. If he was selling profane [food] and Second Tithe together, [the buyer] has the choice of treating as profane what he chooses and as Second Tithe what he chooses. Is this the same here? Let us hear from the following. If somebody hires a worker to bring wine to a sick person; if he delivered [the employer] has to pay him, otherwise he does not have to pay him. But if he told him, wine for a sick person from place X, an apple for a sick person from place X, whether or not he delivered he has to pay him, for he pays the wages of his feet. And here, does he not pay the wages of his feet?

Ravina raised an objection against R. Ashi: [It has been taught]: If a man has a sela [gained through selling the produce of] the Sabbatical Year, and wishes to purchase with it a shirt, what should he do? Let him go to his regular shopkeeper and say to him, ‘Give me a sela worth of fruit’ and give it to him. Then he tells him, ‘Behold this fruit is given [back]] to you as a gift’, and [the shopkeeper] answers him, ‘And here is a gift for you of a sela.' And then he may purchase with it whatsoever he desires. Now here, surely, the sela is a secondary produce, and yet it teaches [that it may be redeemed only] by way of sale, and not by way of exchange?

What is the meaning of "The Lord maketh lightnings" (Zech., 10.1)? Said R. Jose b. Ḥanina, it teaches us that the Holy One prepares a cloud for every righteous man. What are ḥazizim? Said R. Judah, poreḥot. But what are poreḥot. Said R. Papa, a thin cloud under a thick one. R. Johanan said, poreḥot are a sign of coming rain. 'Ulla happened to be in Pumbedita and, seeing poreḥot, said, move your things, for rain is due to come presently. But rain did not come, whereupon 'Ulla remarked: As the Babylonians are deceivers so are their rains. ['Ulla once happened to be in Pumbedita and seeing that a basketful of dates was selling for a zuz, he remarked: A basket of honey for a zuz and yet the Babylonians are not studying the Torah! He ate some and became indisposed. He then said: A basketful of knives for a zuz and yet the Babylonians study the Torah!].

“And behold your eyes see and the eyes of my brother Benjamin.” (Genesis 45:12) R. Elazar said: He said to them: Just as I bear no malice against my brother Benjamin who had no part in my selling, so I have no malice against you. “That it is my mouth that speaks to you.” As my mouth is, so is my heart.

From this we may conclude that that selling one Sefer Torah to buy another is permitted? Perhaps study comes under a different rule, since study leads on to practice. Marrying also [is permitted because it says], “He created it not as waste, he formed it to be inhabited” (Isaiah 45:18) but to selling a Sefer Torah to buy another is not permitted.

From this we may conclude that that selling one Sefer Torah to buy another is permitted? Perhaps study comes under a different rule, since study leads on to practice. Marrying also [is permitted because it says], “He created it not as waste, he formed it to be inhabited” (Isaiah 45:18) but to selling a Sefer Torah to buy another is not permitted.

III. (5) From Modiim and inwards men are believed with regard to earthenware vessels; from Modiim and outwards they are not believed. How is that made out? The potter who is selling the pots goes inwards from Modiim. That is the potter, and those are the pots, and those are the buyers. He is believed. If he goes out, he is not believed.