Michael Levi Rodkinson.

New edition of the Babylonian Talmud. Original text edited, corrected, formulated, and translated into English (Volume 20) online

. (page 19 of 25)
Online LibraryMichael Levi RodkinsonNew edition of the Babylonian Talmud. Original text edited, corrected, formulated, and translated into English (Volume 20) → online text (page 19 of 25)
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must be appraised separately ? (See foot-note.) If one strikes another and
makes him temporarily unfit to labor, what is the law ? Disgrace — all those
who sustain injury are looked upon as if they were independent men, etc.
One who causes disgrace to a nude, blind, or sleeping person is liable. If
one causes shame to a sleeping person who subsequently dies while asleep,
what is the law ? Is the reason because of the hurting of his own feelings,
or because of the feelings of his family ? Is a blind person required to per-
form all the commandments ? and what R. Joseph, who was blind, said of

that, 182-193

MiSHNAS ///. TO V. The law is more rigorous in regard to a man than
in regard to an ox, etc. One who assaults his father or mother, but does not
bruise them, and one who wounds another on the Day of Atonement, are
liable to pay all the items of damage. To whom belongs the compensation
received by one's minor daughter for a wound ? About an investment for
a minor and the nature thereof Is a slave considered a " brother"? The
Halakha prevails that the benefit in case of a woman who sells her right in
the marriage contract belongs to herself; and if she bought estates therewith,
her husband has nothing even in their income. If one blow into the ear of
another, he pays one sela for the disgrace he caused him. What if one
strikes another with the palm or with the back of his hand on the cheek ?
This is the rule: Rank and station of the parties are taken into considera-
tion. May a witness be a judge in the same case ? A non-vicious ox that
killed a man and also caused damage to another, must his owner pay for
the damage, besides the payment of the atonement money ? All that was
said concerning disgrace is only for the civil court, as to how much the
plaintiff should receive, but there can be no satisfaction for the injury to the
feelings, for which, if he would even offer all the best rams of the world,
they would not atone, unless he prays the plaintiff for forgiveness. The
origin of a series of sayings by the rabbis as well as by ordinary people. If
one says to another, "Break my pitcher," etc. A money-pouch containing
charity funds was sent to Pumbeditha, and R. Joseph deposited it with a cer-
tain man who did not take good care of it and it was stolen from him, and
R. Joseph held him responsible. What Abayi said to him about it, 193-210





MiSHNAS /. TO ///. If a change on the face of an article gives title to the
possessor and if it is biblically ? Would all the above-mentioned Tanaim
trouble themselves to teach us a Halakha of the Beth Shammai ? Robbers
and usurers, if they make a restitution of their own accord, it should not be
accepted, etc. There are three cases in which the increase is appraised and
the payment is with money. I and the King Sabura are brothers in regard
to court cases. (See foot-note.) Did not I tell you, You shall not change
names ? R. Joseph bar Hama used to compel slaves of his debtors to labor
for him, etc. What were the coins of Jerusalem and what were the coins of
Abraham the patriarch ? Labor which cannot be recognized on the body
of the animal as damaging, the civil court cannot make him liable for. Is a
germon considered a direct pecuniary loss ? May the court decide a case of a
goring ox in its absence ? If a specialist took a thing to repair it and he
spoiled it. A builder who undertook to take apart a wall, and he broke the
stones or bricks. A butcher specialist, if he has spoiled the meat he is a tort-
feasor, and is also considered wilful, etc. Why so many reasons ? "I think
your brain is not in regular order." " Rabh did two good things regarding
you. He prevented you from using a doubtful thing, and also restrained you
from possible robbery." There was a woman who showed a coin to R. Hyya,
etc. Resh Lakish showed a dinar to R. Elazar, and he told him it was a good
one. He said then : "See, I rely upon you," etc., .... 211-228

MiSHNAS IV. TO VIZ. If one gave wool to the dyer, and it was spoiled.
To be dyed red, and it is dyed black, or conversely. To make a chair of it,
and he has made a bench. Is the color of the dyes to be considered as exist-
ing upon the wool or not ? In one tract is the order of the Mishna not to be
taken in consideration, but in two different tracts it must be considered ? The
whole of Section Damages is considered as one tract. If one has given money
to his messenger to buy wheat, and he buys barley. If one buys a field in
the name of his neighbor. Kahana paid money for flax. In the mean time

* Continuation of previous volume.


the flax became dearer and the seller sold it (for Kahana's benefit). One
who has stolen the value of a coin swears falsely and afterwards confesses.
The same is the case in a deposit. If one has robbed one of five persons,
and he does not know which of them. It happened with one pious man who
bought of one of two persons, and he did not know from which of them. A
messenger must not be made in his absence. It happened with R. Abba, who
was the creditor of R. Joseph bar Hama, and the former asked R. Safra to
bring, etc. " My master, do you mean to deduce from this Scripture that it
must be paid, or you say is it common ?" If one has robbed two bunches
of the value of a parutha and had returned one of them, how is the law?
He who denies a deposit is considered as a robber. As soon as the owner
has taken an oath, he has not to pay. One who claims "stolen" on a
deposit, or of a lost article he has found, must pay double, etc. The three
oaths — first, that I have done all my duty in taking care of it ; second, that
I did not make use of it; and third, that it is not under my control. If a
gratuitous bailee swore it was stolen, and, nevertheless, he paid : and then the
thief was found. Where is my bailment? Lost ! Do you swear by God ?
Amen. Witnesses testified that he himself had stolen it. If one robbed his
father and swore falsely, and after his death he confessed. " I swear you shall
have not any benefit from my estate." If one robbed a proselyte and swore,
and afterwards the proselyte died. The priests who receive the robbery
of the proselyte, are they considered heirs, or only receivers of a dona-
tion ? 228-250


MiSHNAS /. TO VI. If one left money made by usury for his heirs,
although they know of it, they are not obliged to return it. The brother-in-
law of R. Jeremiah, who was a minor, shut the door in his face, etc. The
testimony of witnesses can be taken even in the absence of the parties. May
a document be approved even not in the presence of the party, or it must
not ? It is an obligation on the court to give notice to the defendant that
his property will be sold. A messenger of the court should be trusted as
two witnesses, etc. One must not be summoned by the court on the eve of
a Sabbath. Money must not be changed from the treasury of duties, etc.
Why contractors of duty are counted among murderers. R. Ashi happened
to be on the road, and saw a vineyard in which some grapes were ripe, etc.
A contractor of the government has the right to pledge a fellow-citizen for
the duty of another citizen of the same city, etc. If the contractors returned
him instead of his ass another one, etc. If one saved an estate from the
stream or from robbers, etc. Are a woman and a minor qualified to be
witnesses ? A child was telling : It happened that my mother and I were
prisoners among the heathens, and I did not turn away my eyes from my
mother, etc., 250-262

MiSHNAS IV. TO V/. If one recognizes his utensils or books by another.
If a thief has sold out his stolen articles, and later it was recognized that he
is the thief. If the thief was a notorious one. If one destroys his own goods
for the sake of saving the goods of his neighl^ors. The redemption money of
a caravan in a desert is to be charged proiiortionately to the amount each of


them possesses, etc. If a robbed field was taken away by land robbers.
There was a man who showed to the contractor a heap of wheat belonging
to the Exilarch. There was a man by whom a silver goblet was deposited,
he presented it when he was attacked by robbers, . . . 262-270
MiSHNAS VII. TO XII. If a stream has overflowed the robbed field. If
one says, I have robbed you, and I don't know if I have returned it to you.
One must not buy from the shepherds kids of goats, etc. And not fruits from
the watchman. One who robs his neighbor, even the value of a parutha, is
considered as if he would take away his life. One shall not buy from the
carder flocks, because they are not his property. What about the splinters
which fall out by the carpenter ? 370-277





MiSHNA /. Two persons who hold a garment, and each of them claims
that he has found it. A biblical oath is given only when there is an admis-
sion in part from the defendant. If the plaintiff claims a hundred and the
defendant says only fifty, and here they are. If one claims a hundred, and
the other denies all, and there are witnesses for fifty, what shall the oath
contain ? When one of the two holders overcame the other and took it away,
what is the law ? There was a bath-house about which two parties quar-
relled — one of them arose and consecrated it. When two hold a note, the
lender claims the note is not yet paid, and the borrower says the note is
paid. Where is "the theory of because" to be used? The law is that
leading gives title. If one was found riding upon a found ass, and another
was holding the bridle, I-IJ

MiSHNAS //. TO VI. If one sees an article on the road, and says to his
neighbor, bring it to me. If one picks up an article for another, the latter
does not acquire title. Why so ? If one has seen an article, and he fell upon
it. If one has seen people running after a lame stag on his field. It hap-
pened that R.Gamaliel said: "The tithe which I am going to measure
should be delivered to Joshuah." When one throws a purse of money through
the open door. When a thing was found by one's minor son or daughter, or
his Jewish man or maid servant, or his wife. When one has found a note
which secures real estate. If Reuben sold a field to Simeon with security,
and the creditor of Reuben came and took it away. Encumbered property is
not liable either for the used fruits, etc., for the benefit of humanity. How
a bill of sale must be written. If one buys an estate, knowing that the seller
is not the real owner of it. If the robber after he has sold it bought it from
the real owner. If one says that the estate which I am about buy now shall
be transferred to you at the same time that I acquire title to it. When I wa?
about six or seven years old, my father was among the scribes of Mar
.Samuel's court. If one claims a hundred zuz, and the other denies; after-
wards he says, I have paid it. If one finds documents of divorce, of enfran-


chisement of a slave, of presents, etc. What is to be considered a will ?
documents signed by the court, documents of a claim, etc. What is meant
by claiming documents ? What is called a roll ? When three borrowed from
one, etc., 17-43


MiSHNAS /. TO VI. There are found articles which belong to the finder
without any proclamation. If there is a change in the found article which
usually ought not to be. The renouncing of hope in regaining a lost article
whose loss is not yet certain. Amaimar, Mar Zutra, and R. Ashi hap-
pened 10 be in the garden of Mari bar Issak, and the gardener placed before
them dates and pomegranates. The rule concerning a lost article is this.
Whether a number is considered a distinguishing mark or not ? The reason
why the sages decided that the place is not to be considered a mark. If one
finds apurse in the market, how is the law ? The following articles he must
proclaim. Three coins one upon the other, etc. (See foot-note, p. 55.) If
one found, under a wooden wall, pigeons tied one to the other. If he found
a covered vessel. If one found anything in a heap of rubbish. If one has
seen money dropped on sand, and afterwards found and took it. If one
found something in a store. If one found money in fruit sent to him, . 44-59

MiSHNAS VI. TO XIJI. The returning according to marks given is bib-
lically or rabbinically ? Until what time is he obliged to proclaim? R.
Ami happened to find a purse with dinars in the presence of a Roman. If
one identifies the article but not its marks. If the found article is of such
a kind that it labors for its food. And if of such a kind that it does not labor.
If one found books. If the article was a garment. Vessels of silver and
copper. It is better to drink a goblei irom the hand of a witch than to drink
a goblet of lukewarm water. R. Ismael b. Jose was on the road, and met
a man carrying a bundle of wood. What is to be considered a lost thing.?
If he returned it and it runs away again. What is to be deduced from the
twofold expressions in many passages written in the Scripture ? The loss
of time must be appraised according to one's loss in his special trade. If
he has found the animal in a stable, in a public thoroughfare. The com-
mandment of the Scripture is for unloading, but not loading. How is this
to be understood ? If one lost a thing, as did his father before, etc. If his
father and his master were overloaded. They who occupy themselves
with the study of Scripture are not to be blamed, etc. See foot-note,
P- 79. 59-80


MiSHNAS /. TO IV. A deposit stolen or lost, paid by the depository, of
which thereafter tlie thief was found, to whom shall the double amount be
paid ? A gratuitous bailee, when he said, I have neglected my duty, etc.
There was lost a deposited nose-jewel, and R. Na'hman made him pay by
force. Finally the article was found, and was increased in value, etc. If
an article was appraised for the sake of a creditor, and the latter appraised


it for his own creditor, may the returning take place or not ? From what
time may the creditor use the products of an appraised estate ? If one has
hired a cow and he loaned it to some one else. It can happen that the hirer
has a right to require several cows from the owner of one cow. How so ?
A bailee who has transferred the bailment to another bailee, how is the
law ? The Halakha prevails, that a bailee who has transferred the bailment
to another bailee of any kind is responsible. If doubtful money is to be col-
lected or not (illustrated in Mishna III.) ? Do you want to contradict a case
of deposit with a case of robbery? A robber must be punished. If there
was an uncertainty of both the plaintiff and the ''elendant, how is the law?
If one deposits fruit at his neighbor's ? If one becomes a prisoner, may his
property be transferred to his nearest relatives or not? The difference
between forsaken, abandoned, and a prisoner's properties. The estate of a
prisoner must not be transferred to a minor relative, and not the estate of
a minor to any relative. There was an old woman who had three daughters;
together with one of them she was taken to prison, and of the remaining
two one died and left a child. A brother of Mari b. Isk came to him and
demanded a share of the inheritance, and he said, I do not know you,

MiSHNAS V. TO X/. The quantity of usual losses one may count to de-
posited articles of grain and fruit ? Losses of wine and oil depend upon the
kind of barrels in which placed. If a barrel is deposited for safe-keeping, and
the depository handled it, and it broke while yet under his hand. Peculiar
is the stretching of hands which reads in regard to a bailee for hire, in con-
nection from the same expression in the Scripture which reads in regard
to a gratuitous bailee. If one has deposited money for safe-keeping, and the
depository tied it and carried it on his shoulder, etc. Nothing is considered
safety with money, unless it is hidden in the ground. It happened that one
deposited money with his neighbor, and he gave it to his mother for safe-
keeping, and it was stolen. Money deposited for safe-keeping with a money-
changer. A depository who stretches his hand for the bailment. If one
intends to use a bailment deposited in his control and says so, the liability
follows immediately, 97-109


MiSHNAS /. TO V. If one bought gold and silver coins together and made
a drawing on the gold ones, title is also given to the silver ones, but notvtcg
versa. Rabh borrowed dinars from the daughter of R. Hyya ; thereafter
the dinars increased in value. One holds that the law of exchange applies to
a coin also, and another holds that it does not. If one were holding some
coins in liis hands and said : Sell me your articles for the money I have
in my hand, and the other agrees. If one said : Sell me for this amount,
title is acquired, and nevertheless the law of fraud applies. According to
whom do we write in our legal papers. With an utensil which is fit to con-
firm with ? Biblically, money paid gives title ; why, then, was it said that
drawing is needed ? According to Abayi, he who retracts ought to be noti-
fied that he will be punished by Heaven, and according to Rabha he shall


be cursed. It happened that one gave money for poppy, meanwhile the
poppy increased in price. Tabuth or Samuel b. Zutrawas such kind of a man
that he would not change his word, even if all the goods of the world were
delivered to him, and he told : The above case of poppy happened to me.
Cheating, which according to law makes the sale null and void, is in case
where the sum of which he was cheated counts four silver dinars. Until
what time the retraction may take place ? The law of fraud applies to the
buyer as well as to the seller, to a private as well as to a merchant. There
is no cheating concerning a specialist who knows the value. If one is doing
business with his neighbor in trust. (See foot-note, p. 127). How much less
of the quantity of a sala should be effaced, that the law of fraud could not be
claimed ? The prescribed quantity for cheating is four silver dinars to each

sala, 1 10-132

MiSHNAS VI. TO X. There are five fifth parts which must be added to
the principal amount. The things to which the law of cheating does not
apply. Does the law of cheating apply to a hire ? The laws of usury and
cheating apply only to commoners, not to the sanctuary. A gratuitous
bailee docs not swear. If one bought wheat and sowed it in the field, how
is the law ? If there was fraud to more than a sixth of the value, how is the
law ? As cheating is prohibited in buying or selling, so it is in words.
Cheating in words is more rigorous than cheating in money. To what thing
do the western people pay more attention ? One should always be careful
with the honor of his wife. The noted legend of the oven of the Akhina.
The law is not in the heavens. We do not care for a heavenly voice. Regard-
ing cheating, there are three negative commandments. One must not
mix together fruits from two separate fields. A merchant may buy grain
from five barns, and place it in one storeroom. The embellishment of arti-
cles which are to be sold is forbidden, 132-144





MiSHNAS /, TO IV. What is considered usury, and what increase? Why
does the Scripture mention separately a negative commandment regarding
usury, robbery, and cheating? A small liquid measure one shall not fill up
in a manner to make foam. Why is the redemption from Egypt mentioned
in the Scripture in conjunction with usury, zizitli, and weight? Usurers are
equalled to shedders of blood. " That thy brother may live with thee" (but
shall not die with thee, i.e., the life of thyself is preferred to, etc.). One must
not fix a price on fruit before the market prices are announced. The many
things which may be done in a sale, but not in a loan, as they may appear
usurious. The rule of usury in transactions is: If one sells the article cheaper
because it is not yet in his possession, etc. If one has returned robbed money
with an account of other money he had to give, he has done his duty. A
render must not dwell in his debtor's house " for nothing," or even for de-
creased rent. Hiring may be increased, but not sale. How so ? One is
allowed to increase the price of an article when the money is to be paid
at a certain time after delivery (provided he does not say : " If for cash, you
will have it cheaper"). There are cases in which the use of the fruit is per-
mitted to both, prohibited to both, permitted to the seller only. Stipulations
which may or may not be made in selling real estate. What is to be con-
sidered gossip. Does an asmakhta (for definition see p. i6o) give title or
not ? There was a man who sold an estate with the security of his very best
estates, finally they were overflooded. Is usufruct considered direct or in-
direct usury? In places where it is the usage for the lender to use the fruit
from a pledged estate without any deduction of the debt, and the borrower
has a right to return the money at any time, then is the law, etc. A scholar,
however, must not do even this. From pledged estates a creditor of the
lender has no right to ctllect in case he dies. Also a first-born of the lender
cannot claim the double amount prescribed to him biblically. If the bor-
rower say to the lender: Stop using the fruit, etc. The different customs in
pledging real estate at Papuna, Mehusa, Narsha. Why a pledge is called
mashkhantha 145-166


MiSHNAS V. TO XI. The law about giving money or articles for hah
profit. The proper payment for raising cattk. Why R. Papa decided dif-
ferently in the cases of the Samaritans who appeared before him. R. Hama
used to rent zuzes daily for the smallest coin for each zuz and he lost his
money. All animals which are laboring for their food may be appraised,
that the increase shall be divided equally. One may say to a farmer: I shall
give you twelve kur of grain instead of the ten you demand, if you will
lend me some money to manure your field. One may rent a boat on the
condition that should it break he shall be responsible. One may say : I
take your cow for the price of thirty dinars in case it should die, etc. May
money belonging to orphans be lent for usury or not? One who lends
money for a business which is very likely to bring profit with little chance of
loss is wicked ; for one which is likely to bring loss and far from profit, is pious,
etc. An iron sheep must not be accepted from an Israelite, etc. (for explan-
ation see Mishna VIL). An Israelite may lend to his race money belonging
to non-Israelites for usury, etc. The interpretation of verse 8, Prov. xxviii.
The meaning of verse 24, Ex. xxii. He who takes usury will lose all his
possessions. What is to be done with the usury promised by or to a heathen,
after he has been proselyted. A note in which usury is mentioned the lender
must not be allowed to collect even the principal, which he must forfeit as a
fine. Articles for delivery during the year must not be bought for a certain
price before the market price is fixed. If one travelled with stock from one
place to another, and while on the road his neighbor asked him to sell to
him at the price of the place he intends to go to, etc. What Samuel ordered
the grain dealers, who used to advance money for grain to the farmers, to do.
Also the order of Rabha to the watchmen. Are the rabbis consuming
" usury " by paying in Tishri for the wine they will choose in Teveth when
it is already in good condition? I call your attention, master, to the rabbis.
who pay head-tax charges for those who cannot pay them, etc. Seuram used
to compel doubtful characters to carry the palanquin of Rabha. If one of a
company of three partners has given money to a messenger to buy some-
thing, it is to be considered as for the company, and not as for himself. If
the grain was to be finished with two kinds of labor only, one may fix the
price, but not if he require three kinds of labor. There was a man who
paid a stipulated amount for an outfit to be delivered at the house of his
daughter's father-in-law, in the meantime the value of the equipment was
reduced, etc. One may lend his gardeners wheat to be returned in the
harvest-time the same measure, etc. (for meaning see p. 184). Hillel (the
First) says: A woman must not lend a loaf of bread to her neighbor unless
a price is stipulated for it, for fear wheat may become dearer, and then the

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Online LibraryMichael Levi RodkinsonNew edition of the Babylonian Talmud. Original text edited, corrected, formulated, and translated into English (Volume 20) → online text (page 19 of 25)