somebody

HALAKHAH: “If somebody deposits coins with another person,” etc. Rebbi Yose said: One understands from this that in case a man gave plyṭvryn to another in the market place and that one handed it over to his underage son or daughter, if they were stolen or lost he is not liable since I say that nobody is in the market place because of plyṭvryn.

MISHNAH: “If somebody deposits coins with a money changer, if they are tied together, he may not use them, if loose, he may use them. With a householder, whether tied together or loose he may not use them. The storekeeper is like a householder, the words of Rebbi Meïr; Rebbi Jehudah says, like a money changer.

HALAKHAH: “If somebody deposits coins with a money changer,” etc. Rav Huna said that Rebbi Jeremiah asked how? Tied under seal or tied together without seal. If you say under seal, without seal he may. If you say without seal, so much more under seal.

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

HALAKHAH: “Cheating is four obols,” etc. Rav said, this is the rate; Rebbi Joḥanan said, it is not the rate. Rav said, if somebody trades on condition that the rules of cheating not apply to him, the rules of cheating do apply to him. Rebbi Levi stated: Cheating applies to a peruṭah, cheating can be by a peruṭah. But what is the status of cheating? It was stated: The item was acquired, he returns the overcharge, the words of Rebbi Jehudah the Prince; Rebbi Joḥanan said, the sale is annulled.

MISHNAH: Just as there is cheating in trade so there is cheating by words. One should not say to another: how much for this object, if he is not interested in buying. If somebody was a repentant sinner, one should not say to him: remember your earlier deeds. If somebody was the son of a proselyte, one may not say to him: remember the deeds of your forefathers, for it is written: “A sojourner you may neither cheat nor oppress, for you were sojourners in the Land of Egypt.” One does not mix produce, not even new with new; no need to say new with old. In truth they permitted to mix strong wine with weak since it improves it. One does not mix wine lees with wine but one delivers the lees with the wine. If water became mixed with somebody’s wine, he should not sell it in the store unless he declares it, and not to a trader for that one would only use it to trick people; at a place where they usually put water into the wine they may do so. The trader may buy from five threshing floors and put into one chest, wine from five wine presses and put into one barrel, on condition that he not intend to mix. Rebbi Jehudah says, a store owner should not distribute roasted kernels and nuts to children because he induces them to come to him, but the Sages permit. He should not reduce the price, but the Sages say, may he be remembered as a benefactor. He should not clean the groats following Abba Shaul, but the Sages permit it. However, they agree that he may not clean the upper layer of the chest since that gives a dishonest impression. One may not put makeup on humans, animals, or vessels.

MISHNAH: Just as there is cheating in trade so there is cheating by words. One should not say to another: how much for this object, if he is not interested in buying. If somebody was a repentant sinner, one should not say to him: remember your earlier deeds. If somebody was the son of a proselyte, one may not say to him: remember the deeds of your forefathers, for it is written: “A sojourner you may neither cheat nor oppress, for you were sojourners in the Land of Egypt.” One does not mix produce, not even new with new; no need to say new with old. In truth they permitted to mix strong wine with weak since it improves it. One does not mix wine lees with wine but one delivers the lees with the wine. If water became mixed with somebody’s wine, he should not sell it in the store unless he declares it, and not to a trader for that one would only use it to trick people; at a place where they usually put water into the wine they may do so. The trader may buy from five threshing floors and put into one chest, wine from five wine presses and put into one barrel, on condition that he not intend to mix. Rebbi Jehudah says, a store owner should not distribute roasted kernels and nuts to children because he induces them to come to him, but the Sages permit. He should not reduce the price, but the Sages say, may he be remembered as a benefactor. He should not clean the groats following Abba Shaul, but the Sages permit it. However, they agree that he may not clean the upper layer of the chest since that gives a dishonest impression. One may not put makeup on humans, animals, or vessels.

MISHNAH: Just as there is cheating in trade so there is cheating by words. One should not say to another: how much for this object, if he is not interested in buying. If somebody was a repentant sinner, one should not say to him: remember your earlier deeds. If somebody was the son of a proselyte, one may not say to him: remember the deeds of your forefathers, for it is written: “A sojourner you may neither cheat nor oppress, for you were sojourners in the Land of Egypt.” One does not mix produce, not even new with new; no need to say new with old. In truth they permitted to mix strong wine with weak since it improves it. One does not mix wine lees with wine but one delivers the lees with the wine. If water became mixed with somebody’s wine, he should not sell it in the store unless he declares it, and not to a trader for that one would only use it to trick people; at a place where they usually put water into the wine they may do so. The trader may buy from five threshing floors and put into one chest, wine from five wine presses and put into one barrel, on condition that he not intend to mix. Rebbi Jehudah says, a store owner should not distribute roasted kernels and nuts to children because he induces them to come to him, but the Sages permit. He should not reduce the price, but the Sages say, may he be remembered as a benefactor. He should not clean the groats following Abba Shaul, but the Sages permit it. However, they agree that he may not clean the upper layer of the chest since that gives a dishonest impression. One may not put makeup on humans, animals, or vessels.

HALAKHAH: “One may increase rental fees,” etc. It was stated: “If somebody sells a field to another and stipulates, on condition that I shall work it as a sharecropper, on condition that I shall be part owner, on condition that the tithes shall be mine, on condition that if you sell it, you will sell it only to me, that anytime I want I may pay you back and take it; this is permitted.” “If he owed him money and wrote his field over to him as a sale, any time the seller eats the yield it is permitted; any time the buyer eats the yield, it is forbidden. Rebbi Jehudah says, in any case it is permitted. Rebbi Jehudah said, that is what Boethos ben Zenon did following the Sages. They said to him, is that a proof? The seller was eating the yield.” Rebbi Joḥanan, Rebbi Eleazar, and Rebbi Hoshaia said, Rebbi Jehudah learned from the houses of walled cities. As it was stated: The year mentioned in the Torah regarding walled cities is like interest but it is not interest. Another Tanna stated: This is interest but the Torah permitted it. He who said, it is like interest but it is not interest, Rebbi Meïr. He who said, this is interest but the Torah permitted it, Rebbi Jehudah. Rebbi Idi said, when I came from the Diaspora, I found that a case was before Rebbi Immi of “it is like interest but it is not interest.” Rebbi Ḥizqiah said, they only said that “this is interest but the Torah permitted it.” There, the Torah permitted it, therefore not in any other case. Nevertheless, Rebbi Immi did not consider it, for he said: a house dwells with its inhabitants.

It was stated: “If somebody gives money to another to buy produce with it for half [the gain]; if that one says, I did not buy, he only has a complaint on him. But if it was known that he bought, the other forcibly extracts from him.”

“If somebody gives money to another to buy produce with it for half the gain and one of them wants to age it, the other may hinder him. But if it was the eve of a Sabbatical year, the other may not hinder him because it was understood that it was bought for that purpose.”

“If somebody gives money to another to buy produce with it for half the gain and one says, here you have a mina for I cannot be bothered with the details, that is forbidden. But if he saw that grain was going up in price, it is permitted.

If somebody gives money to another to buy produce with it for half the gain, the trader is permitted to buy of the same kind. When he sells, he may not sell everything together but sells this first and that later.

“If somebody gives money to another to buy produce with for half the gain, the trader is permitted to buy any kind he wants, but he should not buy a garment or wood.” Rebbi Isaac said, this implies that if one who leaves another’s capital unemployed, he only has a complaint on him. If he leaves another’s field unused, he is obligated to serve him. If he leaves another’s ship or store unused, what [is the rule]?

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

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

HALAKHAH: “If somebody hired tradesmen,” etc. What means, they tricked one another? Come, work for me for five large [coins]. It turned out it was work for ten large [coins]. You work for me a job which needs ten days. It turned out it was work for five days. What means, [they] tricked the householder? Come, work for me with your colleagues {for ten large [coins]. It turned out it was work for five large [coins]. You work for me a job which needs five days.} It turned out it was work for ten days. “When was this said; if the donkey drivers did not start yet. But if they went and did not find grain, or workers to weed and found the field flooded, he has to pay them for going and coming. But one cannot compare coming loaded with coming empty, or working with being idle, sitting in the shadow with sitting in the sun.” Rebbi Ḥiyya the Elder hired donkey drivers to bring his flax. They went and found it wet. (Rav) said to him, go and pay them their full fee. He said to them, not that I would be obligated to pay you your fee but I, Ḥiyya, am handing it over to you.

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

HALAKHAH: “If somebody hired tradesmen,” etc. Rav said, “because the Children of Israel are My servants,” Jews cannot buy one another. Rebbi Joḥanan said, this was stated about a Hebrew slave. In Rav’s opinion, both a worker and an employer can back out; in Rebbi Joḥanan’s opinion the worker can back out but not the employer.

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

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

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

HALAKHAH: “Somebody who rented a donkey,” etc. One understands on the mountain, but he led it in the valley. In the valley, but he led it on the mountain? Rebbi Simeon ben Yaqim said, if it died because of the air. Rebbi Dositheos ben Yannai said, if it was bitten by a snake. Rebbi Joḥanan said, it is Rebbi Meïr’s who said, anybody who deviates from the owner’s instructions is called a robber.

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

HALAKHAH: “Somebody who rented a donkey,” etc. “How much did one add to the load that he became liable? Symmachos said in the name of Rebbi Meïr: one se’ah for a camel, three qab for a donkey, one qab for a porter, and three se‘ah for a cart. But a ship according to its size”.

Rebbi Joḥanan said, a person is ready to give something so that he can sell his produce based on a pledge. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina said, a person is ready to give something so that he can sell his produce to somebody who will appease him by a pledge.

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

HALAKHAH: “If somebody hires workers to work,” etc. Anything which is of a kind apt to be under the rules of tithing but another prohibition caused it [to be forbidden to eat], if one hired [a worker] without mentioning it, he has to redeem and feed, tithe and feed. If [the worker] contracted for it, he eats. But if it is of a kind exempt from the rules of tithing but another prohibition caused it [to be forbidden to eat], if one hired [a worker] without mentioning it, that one cannot eat; if he contracted for it, he eats.

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

HALAKHAH: “If somebody borrowed a cow,” etc. Rebbi Ila said, from the meaning of what is said, “certainly he shall pay”; would we not have known that if its owner was with it he does not pay? Why does the verse say, “if its owner was not with it, certainly he shall pay”? But since he borrowed the cow and did not ask its owner at the same time, even if the latter was ploughing with it when it died, he is liable.

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

HALAKHAH: “Somebody borrowed a cow,” etc. What is the status of the night in between? Some say, usually cows rest at their owners’, and this one, because it is leased to him, stays overnight and is as if loaned to him; he is liable. But some say, usually cows do not rest at their owners’, and this one is as if being leased to him; he is not liable.

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

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

HALAKHAH: “If he said to him, lend me,” etc. “Somebody exchanged a cow,” etc. Rebbi Joḥanan said, this contradicts Symmachos who says that in all cases of doubt one splits evenly. Rebbi La said, explain it if both of them say, I am certain. Rebbi Yose explained, if both of them say, I am certain, that is what Rebbi Joḥanan refered to when he said, this contradicts Symmachos’s words.

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

HALAKHAH: “Somebody sold his olive trees for their wood,” etc. Rebbi Joḥanan asked, what is their status if they become moist?

MISHNAH: Somebody’s wall bordering on another’s vegetable garden collapsed. That one told him, remove your stones; if he said, they are yours, one does not listen to him. If after the other had accepted, he told him: here are your expenses and I shall take what is mine, one does not listen to him. Somebody hired a worker to work on straw and chaff. When he said to him, pay me my wages, he answered, take what you worked on as your wages, one does not listen to him. If after the other had accepted, he told him: here are your wages and I shall take what is mine, one does not listen to him. If somebody brought his manure into the public domain, he who brings, brings, and he who uses it to manure, manures. One does not soak loam in the public domain nor does one form bricks; one kneads loam in the public domain but not bricks. If somebody builds in the public domain and somebody brings stones; he who brings, brings, and he who builds, builds; but if he caused damage, he pays for what he damaged. Rabban Simeon ben Gamliel says, also he has to prepare his work 30 days in advance.

MISHNAH: Somebody’s wall bordering on another’s vegetable garden collapsed. That one told him, remove your stones; if he said, they are yours, one does not listen to him. If after the other had accepted, he told him: here are your expenses and I shall take what is mine, one does not listen to him. Somebody hired a worker to work on straw and chaff. When he said to him, pay me my wages, he answered, take what you worked on as your wages, one does not listen to him. If after the other had accepted, he told him: here are your wages and I shall take what is mine, one does not listen to him. If somebody brought his manure into the public domain, he who brings, brings, and he who uses it to manure, manures. One does not soak loam in the public domain nor does one form bricks; one kneads loam in the public domain but not bricks. If somebody builds in the public domain and somebody brings stones; he who brings, brings, and he who builds, builds; but if he caused damage, he pays for what he damaged. Rabban Simeon ben Gamliel says, also he has to prepare his work 30 days in advance.

MISHNAH: Somebody’s wall bordering on another’s vegetable garden collapsed. That one told him, remove your stones; if he said, they are yours, one does not listen to him. If after the other had accepted, he told him: here are your expenses and I shall take what is mine, one does not listen to him. Somebody hired a worker to work on straw and chaff. When he said to him, pay me my wages, he answered, take what you worked on as your wages, one does not listen to him. If after the other had accepted, he told him: here are your wages and I shall take what is mine, one does not listen to him. If somebody brought his manure into the public domain, he who brings, brings, and he who uses it to manure, manures. One does not soak loam in the public domain nor does one form bricks; one kneads loam in the public domain but not bricks. If somebody builds in the public domain and somebody brings stones; he who brings, brings, and he who builds, builds; but if he caused damage, he pays for what he damaged. Rabban Simeon ben Gamliel says, also he has to prepare his work 30 days in advance.

MISHNAH: Somebody’s wall bordering on another’s vegetable garden collapsed. That one told him, remove your stones; if he said, they are yours, one does not listen to him. If after the other had accepted, he told him: here are your expenses and I shall take what is mine, one does not listen to him. Somebody hired a worker to work on straw and chaff. When he said to him, pay me my wages, he answered, take what you worked on as your wages, one does not listen to him. If after the other had accepted, he told him: here are your wages and I shall take what is mine, one does not listen to him. If somebody brought his manure into the public domain, he who brings, brings, and he who uses it to manure, manures. One does not soak loam in the public domain nor does one form bricks; one kneads loam in the public domain but not bricks. If somebody builds in the public domain and somebody brings stones; he who brings, brings, and he who builds, builds; but if he caused damage, he pays for what he damaged. Rabban Simeon ben Gamliel says, also he has to prepare his work 30 days in advance.

MISHNAH: Somebody’s wall bordering on another’s vegetable garden collapsed. That one told him, remove your stones; if he said, they are yours, one does not listen to him. If after the other had accepted, he told him: here are your expenses and I shall take what is mine, one does not listen to him. Somebody hired a worker to work on straw and chaff. When he said to him, pay me my wages, he answered, take what you worked on as your wages, one does not listen to him. If after the other had accepted, he told him: here are your wages and I shall take what is mine, one does not listen to him. If somebody brought his manure into the public domain, he who brings, brings, and he who uses it to manure, manures. One does not soak loam in the public domain nor does one form bricks; one kneads loam in the public domain but not bricks. If somebody builds in the public domain and somebody brings stones; he who brings, brings, and he who builds, builds; but if he caused damage, he pays for what he damaged. Rabban Simeon ben Gamliel says, also he has to prepare his work 30 days in advance.

HALAKHAH: “Somebody who brought his manure,” etc. It was stated: ”A person may unload his manure at his courtyard door in the public domain in order immediately to remove it. But it is forbidden to leave it there. If another person was injured by it, he is liable. Rebbi Jehudah says, at the time of carrying out manure a person may unload his manure at his courtyard door in the public domain for it to be broken down by the feet of people and animals for 30 days, for on this condition did Joshua distribute the Land to Israel.” “A person may unload his dust at his courtyard door in the public domain in order immediately to mix it with water and to bring it to the row of stones; it is forbidden to leave it there. If another person was injured by it, he is liable. He should not knead on one side [and build on the other] but on the side where he is building.” “A person may unload his stones at his courtyard door in the public domain in order immediately to remove them; it is forbidden to leave them there. If another person was injured by them, he is liable. If the quarryman delivered to the camel driver, the camel driver is liable. The camel driver to the stone-mason, the stone-mason is liable. The stone-mason to the porter, the porter is liable. It it was brought up to scaffolding, it was wobbly there and fell, the master-mason is liable. If the (stone-mason) [quarryman] handed it to the (porter) [stone mason] and somebody was injured either by splinters or the stone, the stone-mason is liable. The stone-mason to the porter and he was injured by a splinter, the stone-mason is liable. By the stone, the porter is liable. If it was delivered, settled in the row, and fell, he is not liable.”

HALAKHAH: “Somebody who brought his manure,” etc. It was stated: ”A person may unload his manure at his courtyard door in the public domain in order immediately to remove it. But it is forbidden to leave it there. If another person was injured by it, he is liable. Rebbi Jehudah says, at the time of carrying out manure a person may unload his manure at his courtyard door in the public domain for it to be broken down by the feet of people and animals for 30 days, for on this condition did Joshua distribute the Land to Israel.” “A person may unload his dust at his courtyard door in the public domain in order immediately to mix it with water and to bring it to the row of stones; it is forbidden to leave it there. If another person was injured by it, he is liable. He should not knead on one side [and build on the other] but on the side where he is building.” “A person may unload his stones at his courtyard door in the public domain in order immediately to remove them; it is forbidden to leave them there. If another person was injured by them, he is liable. If the quarryman delivered to the camel driver, the camel driver is liable. The camel driver to the stone-mason, the stone-mason is liable. The stone-mason to the porter, the porter is liable. It it was brought up to scaffolding, it was wobbly there and fell, the master-mason is liable. If the (stone-mason) [quarryman] handed it to the (porter) [stone mason] and somebody was injured either by splinters or the stone, the stone-mason is liable. The stone-mason to the porter and he was injured by a splinter, the stone-mason is liable. By the stone, the porter is liable. If it was delivered, settled in the row, and fell, he is not liable.”

MISHNAH: Somebody’s [property] surrounded another’s on three sides. If he fenced in the first, and the second, and the third sides, one does not hold [the other] liable. Rebbi Yose said, if the latter then fenced in the fourth side, one rolls everything over to him. If the wall of a courtyard collapsed, one obligates him to rebuild up to four cubits. There is a presumption that he gave, unless he brings proof that he did not give. Higher than four cubits one does not obligate him, but if he built an adjacent wall, even though he did not put on roofing, one rolls everything over to him. There is a presumption that he did not give, unless he brings proof that he gave.

HALAKHAH: “Somebody’s [property] surrounded another’s,” etc. Halakhah 5: “If the wall of a courtyard collapsed,” etc. Rav Ḥuna said, only at the rate he is building now. For if he built it arched, he had to build arched. But here if it was built arched and he built it with bricks, he can collect the cost of arches, and if it should collapse, he has to rebuild it.

HALAKHAH: “A person may not open,” etc. Rebbi Jacob bar Aḥa moved a preparer of fried food from one stall to another stall. One preparer of fried food was dwelling below [the apartment of] Rebbi Eudaimon the brother of Rebbi Yose. Rebbi Aḥa passed by and did not object. He said, the rabbis are passing by and do not object. Rebbi Aḥa got angry with him. Rebbi Eudaimon the brother of Rebbi Yose became seriously ill. Rebbi Yose came to visit him. He said, I shall go and ask him. He went and said, if a court had mercy on somebody would the court prepare shrouds for him?

MISHNAH: If somebody’s wall was close to another’s wall he may not build his wall close by unless he moves it four cubits away. If there are windows, on top, from below, and on equal height, four cubits.

HALAKHAH: “If somebody’s wall was,” etc. In the House of Rebbi Yannai they said, the Mishnah speaks of those coming first to settle in a new town. Rebbi La said, The Mishnah speaks of a sealed wall. Rebbi Yose said, the Mishnah speaks of a barricade wall. Rebbi Yose ben Rebbi Abun said, the Mishnah says so: “If there are windows, on top, from below, and on equal height, four cubits.” On top four cubits, lest he could stand and see; from below four cubits, lest he could stand and see; at equal hight lest he obscure the sides. This was stated: “One distances the wall from a window by the size of a window.”

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: There are three regions for claims of undisturbed possession: Judea, Transjordan, and Galilee. If he was in Judea and somebody claimed undisturbed possession in Galilee, or in Galilee and somebody claimed undisturbed possession in Judea, it is not undisturbed possession unless he be in the same province. Rebbi Jehudah said, they said three years only for the case that if he is in Spain, he should be in possession for one year; they went and told him during one year, and he returns within one year.

MISHNAH: There are three regions for claims of undisturbed possession: Judea, Transjordan, and Galilee. If he was in Judea and somebody claimed undisturbed possession in Galilee, or in Galilee and somebody claimed undisturbed possession in Judea, it is not undisturbed possession unless he be in the same province. Rebbi Jehudah said, they said three years only for the case that if he is in Spain, he should be in possession for one year; they went and told him during one year, and he returns within one year.

HALAKHAH: “Any claim of undisturbed possession not accompanied by a claim of legal ownership,” etc. But it needs proof of undisturbed possession. There, we have stated: “Rebbi Joshua agrees that if somebody says to anothet, ‘this field’, etc.” As the following. Reuben ate from a field claiming that it was his. Simeon brought witnesses that his father died in possession. One removes [the field] from Reuben and hands it over to Simeon. Reuben went and brought witnesses that [Simeon’s] father did not die in possession. Rebbi Naḥman ben Jacob said, I took it from Reuben, I am returning it to him. Rav said, when you gave it to him, you gave it on the basis of a court decree. From there on the burden of proof is on the claimant.

HALAKHAH: “Partners and sharecroppers,” etc. “A partner.” Samuel said, “partner” is not mentioned here. Does the partner not have a claim to undisturbed possession? Did not Samuel say that the partner who went and planted, planted with permission? When you say, the partner who went and planted, planted with permission, if he was there. When you say, the partner has no claim of undisturbed possession, if he was not there. What does he include in his stead? Artisans and robbers have no claim of undisturbed possession. “If somebody saw his slave at an artisan’s, or his garments at the washer’s, and told him, give me my slave, give me my garments, but he answered him, you gave him to me as a gift; you sold him to me; this is no claim of undisturbed possession. You told me to sell him; you instructed to give him to me as a gift, this is a claim of undisturbed possession.”

As we have stated: If somebody sells a field to another but the buyer was lazy and did not enter into possession when the seller went and legally took possession, the taking possession invalidates the sale or the gift.

HALAKHAH: “The following count for a claim of undisturbed possession,” etc. Rebbi Eleazar said, co-owners usually permit chickens to one another. Rebbi Yose said, a Mishnah says otherwise: “Both of them are forbidden to put up there a grindstone or an oven, or to raise chickens there.” Rebbi Eleazar said, if somebody raised chickens in a courtyard which is not his, it is taking in possession. Rebbi Yose said, this is correct. As you take it, if he has permission to raise chickens there, he raises them. If he does not have permission to raise, it would be legally taking in possession.

Rebbi Jacob bar Aḥa said that there, one states: If somebody opens a window in the wall of somebody else’s courtyard in the presence of the other (four cubits), [Rebbi says] he takes down with his left hand and closes with his right. Think of it, was he not standing there? He may tell him, I wanted to enjoy myself. If he handed him stones? He may tell him, I was making fun of this man.

Rebbi Jacob bar Aḥa said that there, one states: If somebody opens a window in the wall of somebody else’s courtyard in the presence of the other (four cubits), [Rebbi says] he takes down with his left hand and closes with his right. Think of it, was he not standing there? He may tell him, I wanted to enjoy myself. If he handed him stones? He may tell him, I was making fun of this man.

MISHNAH: One makes no hollow under the public domain, cisterns, ditches, and caves. Rebbi Eliezer permits if a cart filled with stones can pass over it. One does not build protrusions and balconies above the public domain but if he wishes he builds inside his own property and adds them. If somebody bought a courtyard and there are protrusions and balconies, that remains a right of possession.

HALAKHAH: “One makes no hollow,” etc. If they collapsed and he wants to rebuild. Rebbi Joḥanan said, he gave up his rights. Rebbi Simeon ben Laqish said, he did not give up his rights. A Mishnah supports one, a baraita supports the other. A Mishnah supports Rebbi Joḥanan: “If a public road went through somebody’s field and he took it and gave them on the side. What he gave, he gave, but his own did not come to him.” A baraita supports Rebbi Simeon ben Laqish: “If somebody bought a courtyard and there are protrusions and balconies, if they collapsed he rebuilds them based on his right of possession.”

HALAKHAH: “One makes no hollow,” etc. If they collapsed and he wants to rebuild. Rebbi Joḥanan said, he gave up his rights. Rebbi Simeon ben Laqish said, he did not give up his rights. A Mishnah supports one, a baraita supports the other. A Mishnah supports Rebbi Joḥanan: “If a public road went through somebody’s field and he took it and gave them on the side. What he gave, he gave, but his own did not come to him.” A baraita supports Rebbi Simeon ben Laqish: “If somebody bought a courtyard and there are protrusions and balconies, if they collapsed he rebuilds them based on his right of possession.”

MISHNAH: He who sells a field sold the stones which are needed for it, and the posts in a vineyard which are needed for it, and grain standing on the ground, and a reed fence taking up less than a bet rova‘, and a watchman’s hut not made with mortar, and a carob tree not yet grafted, and a virgin sycamore tree. But he sold neither the stones which are not needed for it, nor the posts in a vineyard which are not needed for it, nor grain harvested from the ground. But if he said to him, “it and all it contains,” all is sold. In no case did he sell either a reed fence taking up more than a bet rova‘, or a watchman’s hut made with mortar, or a grafted carob tree, or an anvil sycamore tree. Neither the cistern, nor the wine press, nor a dovecote whether deserted or intact; and he has to buy himself access, the words of Rebbi Aqiba; but the Sages say that he does not not have to buy himself access. Rebbi Aqiba agrees that if he said “except these”, he does not not have to buy himself access. If he sold them to another person, Rebbi Aqiba said, he does not have to buy access, but the Sages say, he does have to buy access. When has this been said? For the seller. But one who gives a gift, gives everything. Brothers who divided [an inheritance]: if one acquired a field he acquired everything. Somebody taking possession of a proselyte’s property: if he took possession of a field, he took possession of everything. If somebody dedicated a field to the Temple, he dedicated everything; Rebbi Simeon says that he who dedicated a field to the Temple only dedicated a grafted carob tree and an anvil sycamore tree.

MISHNAH: He who sells a field sold the stones which are needed for it, and the posts in a vineyard which are needed for it, and grain standing on the ground, and a reed fence taking up less than a bet rova‘, and a watchman’s hut not made with mortar, and a carob tree not yet grafted, and a virgin sycamore tree. But he sold neither the stones which are not needed for it, nor the posts in a vineyard which are not needed for it, nor grain harvested from the ground. But if he said to him, “it and all it contains,” all is sold. In no case did he sell either a reed fence taking up more than a bet rova‘, or a watchman’s hut made with mortar, or a grafted carob tree, or an anvil sycamore tree. Neither the cistern, nor the wine press, nor a dovecote whether deserted or intact; and he has to buy himself access, the words of Rebbi Aqiba; but the Sages say that he does not not have to buy himself access. Rebbi Aqiba agrees that if he said “except these”, he does not not have to buy himself access. If he sold them to another person, Rebbi Aqiba said, he does not have to buy access, but the Sages say, he does have to buy access. When has this been said? For the seller. But one who gives a gift, gives everything. Brothers who divided [an inheritance]: if one acquired a field he acquired everything. Somebody taking possession of a proselyte’s property: if he took possession of a field, he took possession of everything. If somebody dedicated a field to the Temple, he dedicated everything; Rebbi Simeon says that he who dedicated a field to the Temple only dedicated a grafted carob tree and an anvil sycamore tree.

HALAKHAH: 8: “He who sells a field,” etc. Halakhah 9: “But he sold neither,” etc. Halakhah 10: “Neither the cistern,” etc. Halakhah 11: “If somebody dedicated a field to the Temple,” etc. In the House of Rebbi Yannai they said, poles for vines. The Elder Rebbi Ḥiyya asked, if there were split rings to select? Rebbi Isaac bar Tebelai asked, if there were marble plates for walls? Rebbi Yudan ben Rebbi Ismael asked: If there were split rods to frame windows?

Rebbi Ḥiyya in the name of Rebbi Joḥanan: A vegetable bed which is six by six [handbreadths] and has its own name is not sold. Rebbi Joḥanan said: There is disagreement between Rebbi Ismael ben Rebbi Yose and the rabbis about one who bought an anvil sycamore on another’s property. Rebbi Ismael ben Rebbi Yose says, he acquired the land. The rabbis say, he did not acquire. Rebbi Ḥiyya bar Abba asked: If somebody sold all trees but reserved for himself an anvil sycamore. In the opinion of Rebbi Ismael ben Rebbi Yose, he acquired the land. In the opinion of the rabbis, he did not acquire the land. Rebbi Isaac bar Tebelai asked: If somebody sold all trees and an olive tree at place X, are all olive trees at that place sold? Rebbi Yudan ben Rebbi Ismael asked: If somebody bought three groups of reeds, did he buy the greatest cedar in the Land of Israel?

Rebbi Ḥiyya in the name of Rebbi Joḥanan: A vegetable bed which is six by six [handbreadths] and has its own name is not sold. Rebbi Joḥanan said: There is disagreement between Rebbi Ismael ben Rebbi Yose and the rabbis about one who bought an anvil sycamore on another’s property. Rebbi Ismael ben Rebbi Yose says, he acquired the land. The rabbis say, he did not acquire. Rebbi Ḥiyya bar Abba asked: If somebody sold all trees but reserved for himself an anvil sycamore. In the opinion of Rebbi Ismael ben Rebbi Yose, he acquired the land. In the opinion of the rabbis, he did not acquire the land. Rebbi Isaac bar Tebelai asked: If somebody sold all trees and an olive tree at place X, are all olive trees at that place sold? Rebbi Yudan ben Rebbi Ismael asked: If somebody bought three groups of reeds, did he buy the greatest cedar in the Land of Israel?

Rebbi Ḥiyya in the name of Rebbi Joḥanan: A vegetable bed which is six by six [handbreadths] and has its own name is not sold. Rebbi Joḥanan said: There is disagreement between Rebbi Ismael ben Rebbi Yose and the rabbis about one who bought an anvil sycamore on another’s property. Rebbi Ismael ben Rebbi Yose says, he acquired the land. The rabbis say, he did not acquire. Rebbi Ḥiyya bar Abba asked: If somebody sold all trees but reserved for himself an anvil sycamore. In the opinion of Rebbi Ismael ben Rebbi Yose, he acquired the land. In the opinion of the rabbis, he did not acquire the land. Rebbi Isaac bar Tebelai asked: If somebody sold all trees and an olive tree at place X, are all olive trees at that place sold? Rebbi Yudan ben Rebbi Ismael asked: If somebody bought three groups of reeds, did he buy the greatest cedar in the Land of Israel?

“When has this been said? For the seller. But one who gives a gift gives everything.” What is the difference between a seller and the giver of a gift? Rebbi Abba bar Ṭebelai in the name of Rav: Because the giver of a gift usually is magnanimous. Rebbi Samuel ben Rav Naḥman in the name of Rebbi Joḥanan: Because buyers care about minutiae. What is the difference between these opinions? A dedication to the Temple. He who says, because the giver of a gift usually is magnanimous, also the person vowing to the Temple usually is magnanimous. But he who says, because buyers care about minutiae, what does he say about a dedication to the Temple? Let us hear from the following: “Brothers who divided [an inheritance], if one acquired a field he acquired everything. Somebody taking possession of the property of a convert aquired it; if he took possession of a field, he took possession of everything. If somebody dedicated a field to the Temple, he dedicated everything. Rebbi Simeon says that he who dedicated a field to the Temple, only dedicated a grafted carob tree and an old sycamore tree.” Because they nurse from Temple property. Because he reserved access to himself? If he had not reserved access for himself, would they not feed from Temple property?

“When has this been said? For the seller. But one who gives a gift gives everything.” What is the difference between a seller and the giver of a gift? Rebbi Abba bar Ṭebelai in the name of Rav: Because the giver of a gift usually is magnanimous. Rebbi Samuel ben Rav Naḥman in the name of Rebbi Joḥanan: Because buyers care about minutiae. What is the difference between these opinions? A dedication to the Temple. He who says, because the giver of a gift usually is magnanimous, also the person vowing to the Temple usually is magnanimous. But he who says, because buyers care about minutiae, what does he say about a dedication to the Temple? Let us hear from the following: “Brothers who divided [an inheritance], if one acquired a field he acquired everything. Somebody taking possession of the property of a convert aquired it; if he took possession of a field, he took possession of everything. If somebody dedicated a field to the Temple, he dedicated everything. Rebbi Simeon says that he who dedicated a field to the Temple, only dedicated a grafted carob tree and an old sycamore tree.” Because they nurse from Temple property. Because he reserved access to himself? If he had not reserved access for himself, would they not feed from Temple property?

There, we have stated: “If somebody find a corpse in original position, lying as usual, he takes him and his surroundings.” Rav Ḥisda said, this implies that it is permitted to remove a corpse of obligation, since we have stated: “he takes him and his surroundings.” And how much? Rebbi Samuel in the name of Rebbi Jonathan: Up to three finger-breadths, the place where fluid penetrates. Rebbi Ze‘ira says, this is not reasonable; it is forbidden to remove a corpse of obligation. If you would say, it is permitted to remove him, since you are going to ruin the whole field, would it be permitted to remove him? Since it is obvious for the Tanna that it is forbidden to remove a corpse of obligation, therefore, one needs the Mishnah. Rav Ḥisda said, it follows him who said, it is permitted to remove a corpse of obligation; I am saying that he was buried on a permitted path. But whould one not have to worry that maybe he was a corpse of obligation? Corpses of obligation are infrequent.

MISHNAH: Four situations for sellers. If one contracted to sell high quality wheat and it turned out to be low quality, the buyer may annul the contract. Low quality and it turned out to be high quality, the seller may annul the contract. Low quality and it turned out to be low quality, high quality and it turned out to be high quality, neither of them may annul the contract. Brown grain and it turned out to be white grain, white grain and it turned out to be brown grain, olive wood and it turned out to be sycamore wood, sycamore wood and it turned out to be olive wood, wine and it turned out to be vinegar, vinegar and it turned out to be wine, either of them may annul the contract. If somebody sold produce to another and this one moved it without measuring, he took possession. If he was measuring without moving, he did not take possession. If he is intelligent, he rents its place. If somebody buys flax from another he he did not take possession until he moved it from place to place; but if it still was standing on the ground and he plucked anything, he took possession. If somebody sold wine or oil to another and it rose or fell in price, if it was before the measure was filled it is for the seller, after the measure was filled for the buyer. If a broker was involved and the amphora broke, it broke for the broker. He is obligated to let it drip three drops. If he tilted and emptied it, [the remainder] is for the seller. The grocer does not have to let it drip three drops. Rebbi Jehudah says, Friday evenings close to sundown he is not liable.

MISHNAH: Four situations for sellers. If one contracted to sell high quality wheat and it turned out to be low quality, the buyer may annul the contract. Low quality and it turned out to be high quality, the seller may annul the contract. Low quality and it turned out to be low quality, high quality and it turned out to be high quality, neither of them may annul the contract. Brown grain and it turned out to be white grain, white grain and it turned out to be brown grain, olive wood and it turned out to be sycamore wood, sycamore wood and it turned out to be olive wood, wine and it turned out to be vinegar, vinegar and it turned out to be wine, either of them may annul the contract. If somebody sold produce to another and this one moved it without measuring, he took possession. If he was measuring without moving, he did not take possession. If he is intelligent, he rents its place. If somebody buys flax from another he he did not take possession until he moved it from place to place; but if it still was standing on the ground and he plucked anything, he took possession. If somebody sold wine or oil to another and it rose or fell in price, if it was before the measure was filled it is for the seller, after the measure was filled for the buyer. If a broker was involved and the amphora broke, it broke for the broker. He is obligated to let it drip three drops. If he tilted and emptied it, [the remainder] is for the seller. The grocer does not have to let it drip three drops. Rebbi Jehudah says, Friday evenings close to sundown he is not liable.

MISHNAH: Four situations for sellers. If one contracted to sell high quality wheat and it turned out to be low quality, the buyer may annul the contract. Low quality and it turned out to be high quality, the seller may annul the contract. Low quality and it turned out to be low quality, high quality and it turned out to be high quality, neither of them may annul the contract. Brown grain and it turned out to be white grain, white grain and it turned out to be brown grain, olive wood and it turned out to be sycamore wood, sycamore wood and it turned out to be olive wood, wine and it turned out to be vinegar, vinegar and it turned out to be wine, either of them may annul the contract. If somebody sold produce to another and this one moved it without measuring, he took possession. If he was measuring without moving, he did not take possession. If he is intelligent, he rents its place. If somebody buys flax from another he he did not take possession until he moved it from place to place; but if it still was standing on the ground and he plucked anything, he took possession. If somebody sold wine or oil to another and it rose or fell in price, if it was before the measure was filled it is for the seller, after the measure was filled for the buyer. If a broker was involved and the amphora broke, it broke for the broker. He is obligated to let it drip three drops. If he tilted and emptied it, [the remainder] is for the seller. The grocer does not have to let it drip three drops. Rebbi Jehudah says, Friday evenings close to sundown he is not liable.

MISHNAH: Somebody sent his son to a grocer who measured him oil for an assarius and he gave him the assarius; if he broke the flask and lost the assarius, the grocer is liable. Rebbi Jehudah holds him not liable since for that he sent him. The Sages agree with Rebbi Jehudah that if the flask was in the child’s hand and the grocer measured into the flask, the grocer is not liable. The wolesaler cleans his measuring vessels once every thirty days, the householder every twelve months. Rabban Simeon ben Gamliel says, it is the other way around. The retail grocer cleans his measuring vessels twice a week, wipes his weights clean once a week, and cleans his scales after each weighing. Rabban Simeon ben Gamliel said, when has this been said? For fluids, but for dry matter it is not necessary; he has to let [the scales] bend down a handbreadth. If he weighed strictly by eyesight he has to give him surplus, one tenth for fluids and one twentieth for dry products. At a place where one is used to small measures he should not use large ones, to large measures he should not use small ones, to level one must not heap, to heap one must not level.

HALAKHAH: “Somebody sent his son to a grocer,” etc. Rebbi Abba bar Mamal said, for the tenths he has to let bend down a handbreadth. It is written: “Fair scales, fair weights.” From here the Sages said that any commandment whose reward is noted, the court is not warned about. “You shall have,” appoint market overseers over this. Rebbi Abun bar Ḥiyya said, so is the baraita: Any commandment whose reward is noted the court is not punished about. Rav was appointed market overseer by the Head of the Diaspora; he intervened about measuring vessels but not prices. The Head of the Diaspora jailed him. Rav Qarna went to see him and said, the market overseer about whom they spoke was for measures but not prices. He answered, but you had stated: the market overseer is for both measures and prices. He said to him, go out and tell them, the market overseer is for measures but not prices. He went out and said to them, a person who teaches hidden things they send to jail!

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.

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.

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.

HALAKHAH: “If somebody sells grain to another,” etc. It was stated: “If somebody sells grain to another and it did not sprout, even flax seed, he is not responsible for it. But if he made it conditional from the start as seeds, he is liable. What does he pay him? The value of the seeds. Some say, he gives him his expenses.”

HALAKHAH: “If somebody sells grain to another,” etc. It was stated: “If somebody sells grain to another and it did not sprout, even flax seed, he is not responsible for it. But if he made it conditional from the start as seeds, he is liable. What does he pay him? The value of the seeds. Some say, he gives him his expenses.”

Rebbi Crispus asked: Does he check every year or only once every three years? Let us hear from the following: If somebody sells wine for a year, he has to warrant it until after Tabernacles. Rebbi Yudan said, explain it for those Galileans who only harvest after Tabernacles and you cannot deduce anything. That is what was said, “old from the preceding year, aged three years”, should we say because of the tasting? May one check one amphora on which all others depend [or] does he have to check every single one whether they would not turn into vinegar? Rebbi Shammai said, there are people who knock on the barrel at the top and know what is inside.

MISHNAH: If somebody sells a plot to another to build a house, or he contracts to build him a wedding building for his son, a widow’s seat for his daughter, builds four by six cubits, the words of Rebbi Aqiba. Rebbi Ismael says, this is a cowshed. If one wants to build a cowshed, he builds four by six cubits, a small room six by eight, a large one eight by ten, a dining hall ten by ten, and its height equal to half its length and width; the reason is the Temple and its walls. Rabban Simeon ben Gamliel said, a building like the Temple?

HALAKHAH: “If somebody sells a plot to another,” etc. It was stated: “For a large house he must provide him with twelve by twelve [cubits].”

MISHNAH: If somebody has a cistern inside another’s house, he may enter at times when people usually enter and must leave when people usually leave. He cannot bring his animal and let it drink from his cistern but draws water and lets it drink outside. Each of them makes a lock for himself. If somebody has a vegetable garden inside another’s vegetable garden, he may enter at times when people usually enter and must leave when people usually leave. He cannot bring traders inside and cannot use it to go to another field; the outside owner may sow on the path. If he was allowed a path on the side by common accord, he may enter any time he wishes and leave any time he wishes; he can bring traders inside but cannot use it to go to another field; neither owner may sow on it.

MISHNAH: If somebody has a cistern inside another’s house, he may enter at times when people usually enter and must leave when people usually leave. He cannot bring his animal and let it drink from his cistern but draws water and lets it drink outside. Each of them makes a lock for himself. If somebody has a vegetable garden inside another’s vegetable garden, he may enter at times when people usually enter and must leave when people usually leave. He cannot bring traders inside and cannot use it to go to another field; the outside owner may sow on the path. If he was allowed a path on the side by common accord, he may enter any time he wishes and leave any time he wishes; he can bring traders inside but cannot use it to go to another field; neither owner may sow on it.

HALAKHAH: “If somebody has a cistern,” etc. It was stated: The outer one cannot sow on the path for the other can tell him, I would walk on slippery ground. The inner one cannot sow on the path for the other can tell him, you would take care of yours and step on mine.

MISHNAH: If a public way was passing through somebody’s field, he took it away and gave them [a road] to the side of his property, what he gave, he gave, but what he wanted for himself he did not get. A private way is four cubits wide, a public way sixteen cubits; a king’s highway has no limit; the way to the cemetary has no limit. The place for funeral orations, the judges of Sepphoris say an area of four qab. If somebody sells a plot to another to build a grave, or he contracts to build him a grave makes the cavity of the cavern four cubits by six and opens into it eight sepulchral chambers, three on each side and two at the back wall. The chambers are four cubits long, seven [handbreadths] high and six [handbreadths] wide. Rebbi Simeon says, he makes the cavity of the cavern six by eight [cubits] and opens into it thirteen sepulcral chambers, four on each side, three at the back wall, one to the right of the entrance and one to its left. In front of the cavern he excavates a courtyard of six by six [cubits] for the bier and its carriers. He opens into it two caverns, one at each side. Rebbi Simeon says four, each to each direction of the compass. Rabban Simeon ben Gamliel says, all depends on the rock.

MISHNAH: If a public way was passing through somebody’s field, he took it away and gave them [a road] to the side of his property, what he gave, he gave, but what he wanted for himself he did not get. A private way is four cubits wide, a public way sixteen cubits; a king’s highway has no limit; the way to the cemetary has no limit. The place for funeral orations, the judges of Sepphoris say an area of four qab. If somebody sells a plot to another to build a grave, or he contracts to build him a grave makes the cavity of the cavern four cubits by six and opens into it eight sepulchral chambers, three on each side and two at the back wall. The chambers are four cubits long, seven [handbreadths] high and six [handbreadths] wide. Rebbi Simeon says, he makes the cavity of the cavern six by eight [cubits] and opens into it thirteen sepulcral chambers, four on each side, three at the back wall, one to the right of the entrance and one to its left. In front of the cavern he excavates a courtyard of six by six [cubits] for the bier and its carriers. He opens into it two caverns, one at each side. Rebbi Simeon says four, each to each direction of the compass. Rabban Simeon ben Gamliel says, all depends on the rock.

HALAKHAH: “If a public way was passing through somebody’s,” etc., to the end of the Mishnah. Rebbi Ḥiyya bar Joseph said, he makes them like keyholes. Rebbi Joḥanan told him, but dogs are not buried in that way! What does he do? He builds inside as if outside. Do the crossings not interfere with one another? They do not cross; he builds one higher and one lower.

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.

HALAKHAH: “What does he return? Money,” etc. Rebbi Ḥiyya stated: If somebody sell a slave to another and he turns out to be a thief or a gambler, he received him. But if he was a robber or proscribed by the Government, he did not receive him.

“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.

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.

MISHNAH: He who says, this is my son, is to be believed. This is my brother, he is not to be believed but he shall split his part with him; if he dies the properties shall return to their origin. If he received property from another source, his brother shall inherit with him. If somebody died and a will was found tied to his hip, this is nothing. If in it he transferred property to another, whether of the heirs or not of the heirs, his words are confirmed.

“If somebody said that all his property should be given to X, a Cohen, and [the estate] contained slaves, even if [the Cohen] said ‘I cannot have them’ they eat heave. Rabban Simeon ben Gamliel said, since he said ‘I cannot have them’, the heirs acquired them.” Rebbi La said, they disagree if he did not specify. How do we hold? If it is clear that he wants them, everybody agrees that his slaves may eat heave. If it is clear that he does not want them, everybody agrees that the heirs acquired them. But we deal with the case that he did not specify, where the rabbis think that at the start he wanted them and then he changed his mind. Rabban Simeon ben Gamliel said, since he said ‘it is impossible for me’, the heirs acquired them.