Mishnah
1 If two persons hold on to one toga and each of them says “I found it” or “it all belongs to me,” each of them has to swear that he owns no less than half of it and they must divide it evenly. If one says “it wholly belongs to me” and one says “half of it belongs to me,” the one who says “it wholly belongs to me” must swear that he owns no less than three parts and the one who says “half of it belongs to me” must swear that he owns no less than a quarter. The first one takes three parts, the second takes a fourth.
Halakhah
“If two people hold on to one stole,” etc. It was stated: One person said to another, give me the mina you owe me. He answered, it never happened. He went and brought witnesses that the other owed him 50 zuz. The elder Rabbi Ḥiyya said, the testimony of the witnesses is the same as his own admission, so he has to swear about the remainder. Rabbi Joḥanan said, the testimony of the witnesses is not the same as his own admission, requiring him to swear. Rabbi La said, Rabbi Ḥiyya the elder’s statement is implied by “if two people hold on to one stole.” Since he holds on to half of it, isn’t it as if he brought witnesses that one half belongs to him? Couldn’t one say that he swears and collects? Is this a similar case?
This topic came up between Rabbi Abba bar Mamal and Rav Amram. One said, one does not entrust an oath to a suspicious person. The other said, one does not even formulate an oath for such a person. Rav Huna said: “I swear that I have ownership rights to at least half its value.” Rabbi Joḥanan said, if this is what is meant, it is an oath established by rabbinic ordinance.
It was stated: “If two persons were holding a document and one said, it is mine but I had lost it. The other said, it is mine since I paid you. The document should be validated by its signatories, the words of Rabbi. Rabban Simeon ben Gamliel said, they should divide it.” Rabbi Eleazar said, it all depends on who is holding the signatures. Rav Ḥisda said, if this report is correct, it follows Rabban Simeon.
One says, half is mine. The other says, a third is mine. The one who says that half is his must swear that no less than a quarter is his. The one who says that a third is his must swear that no less than a sixth is his. The principle involved: One only swears on half of what he agreed to.
Mishnah
2 If two persons were riding on an animal or one was riding and one was walking, each of them says “it all belongs to me,” each of them has to swear that he owns no less than half of it and they must divide it evenly. If they agree or if they have witnesses, they divide without an oath.
Halakhah
“If two persons were riding on an animal,” etc. Rabbi Ḥuna said: It was stated there: “A woman comes riding on an animal and two men lead her. She says: these are my slaves. The donkey and the load are mine. Each of them says: this is my wife, the other is my slave, and the donkey and the load are mine.” She needs a bill of divorce from both of them and has to free both of them. They have to free one another. They are equal co-owners of the donkey and the load.
Mishnah
3 Somebody was riding on an animal when he saw a find and said to another person: “give it to me.” If that person took it and said: “I acquired it,” he acquired it. If after he had handed it over, he said: “I acquired it first,” his claim has no effect.
Halakhah
“Somebody was riding on an animal,” etc. Rabbi Isaac says, nothing can be inferred from either the beginning or the end of this rule. “Somebody was riding on an animal when he saw a find and said to another person: ‘give it to me.’ If that person took it and said: ‘I acquired it,’ he acquired it.” If he had said, “acquire it for me,” he would have acquired it. That means, nothing can be inferred from either the beginning or the end of this rule.
Mishnah
4 If somebody saw a find and fell on it when another person grabbed it, the one who grabbed it acquired it. If one saw people running after a find, after an injured deer, after young pigeons unable to fly, and he said: “my field must acquire it for me,” it acquired it for him. If the deer was running normally, or the pigeons were flying, and he said: “my field must acquire it for me,” his statement has no effect.
Halakhah
“If somebody saw a find,” etc. Rabbi Simeon ben Laqish said in the name of Abba Cohen bar Delaiah: A person acquires a find within four cubits of himself. Rabbi Joḥanan said, only if it fell into his hand. A Mishnah disagrees with Rabbi Simeon ben Laqish: “If he took some of the peah and threw it on the rest, he gets none of it.” He answered: Explain it as a case where he did not say that his four cubits should acquire it for him. But doesn’t it say afterward: “If he fell on it or spread his talith on it, one removes him from it?” That is the same, if he did not say that his four cubits should acquire it for him. But didn’t Rabbi Ḥiyya state: “If two were pushing one another because of a sheaf and another poor person came and grabbed it in front of them, he is entitled to it.” It is the same. He did not say that his four cubits should acquire it for him. But didn’t we state: “If somebody saw a find and fell on it when another person grabbed it, the one who grabbed it acquired it.” It is the same, he did not say that his four cubits should acquire it for him. But didn’t we state: “If it landed close to her it is a bill of divorce, close to him it is no bill of divorce, half and half she is divorced and not divorced.” Ḥizqiah said, the Mishnah speaks of the scribe’s fee. They objected: Isn’t it written: “In my poverty I prepared1 Chronicles 22:14”? How can that be? If it was in his possession, he was rich. If it was not in his possession, how can a person dedicate what is not his? It must have been within four cubits of him. Rabbi Abin said, what does “in my poverty” mean? That there is no wealth before Him who commanded and the world came into existence! Another explanation: he fasted and donated the price of his meal to Heaven.
It was stated: “One who says, my house must acquire for me any find that fell into it, has made no effective statement. If the find was known, his words stand.” As in the case of Rabbi Abba bar Mina’s sharecropper who climbed a date palm, found pigeon chicks there, and took them. He went to ask the master, who said nothing to him. He went and returned them. Rabbi Abba bar Mina said, his returning them creates more difficulty for us than his finding them.
Mishnah
5 The find of his young son or daughter, or of his Canaanite male or female slave, his wife’s find, these are his. The find of his adult son or daughter, or of his Hebrew male or female slave, his wife’s find after he divorced her even though he has not yet paid her ketubah, these are their own.
Halakhah
“The find of his young son or daughter,” etc. Rabbi Joḥanan said, only if they are not dependent on their father. But if they are dependent on their father, their finds belong to their father. Rabbi Simeon ben Laqish says, a person cannot acquire a find for another. Rabbi Hila said: Rabbi Simeon did not formulate it that way. Rather, he had a difficulty with what Rabbi Hoshaiah stated: If a person hires a worker for any work, the worker’s finds belong to the employer. Rabbi Simeon ben Laqish said, should the finds of a person who can resign at any moment belong to his employer?
What is the difference between his Hebrew male and female slaves and his Canaanite male and female slaves? Rabbi Joḥanan said, since he has no authority to change the work of his male or female Hebrew slave, that person’s find belongs to that person. Since he has authority to change the work of his male or female Canaanite slave, their find belongs to their master. They objected: He has no authority to change the work of his wife, but her find belongs to him. As we have stated there: “He forces her to work with wool,” he cannot force her to work with any other material. Rabbi Abba bar Mina and Rabbi Yasa in the name of Rabbi Joḥanan: there is another reason in the case of the wife. What is another reason in the case of the wife? Rabbi Ḥaggai said, to prevent quarrels. Rabbi Yose said, so that she will not secretly take her husband’s property and say: it is a find. They objected: even when there are witnesses? They forbade one because of the other.
“His wife’s find after he divorced her.” Rabbi Yosana in the name of Rabbi Aḥa: A man who divorced his wife without paying her ketubah is liable for her upkeep until he has paid her the last penny. Rabbi Yose said, the Mishnah says this, “his wife’s find after he divorced her.” Rabbi Hoshaiah said, the Mishnah is needed so that you will not say that because he is liable for her upkeep until he has paid her the last penny, her find should be his.
Mishnah
6 One who found documents of indebtedness containing an alienation clause should not return them since the court will foreclose on their basis. If they do not contain an alienation clause, he should return them since the court will not foreclose on their basis, the words of Rabbi Meïr. But the Sages say, he should never return them since the court will foreclose on their basis.
Halakhah
“One who found documents of indebtedness,” etc. It was stated in the name of Rabbi Meïr: He collects from unencumbered property whether the document contains an alienation clause or not. Following this opinion of Rabbi Meïr, why does he return it? To cover the mouth of his pitcher. Rav said, an heir is like the holder of encumbered property. Just as a loan executed before witnesses cannot be collected from encumbered property, so it cannot be collected from heirs. Samuel said, what was received cannot be foreclosed on mortgaged property, but it can be collected from unencumbered property. Here you say, it can be collected, but there you say, it cannot be collected. There is no comparison between one who agreed to a small lien and one who never agreed to a lien.
Rabbi Eleazar said, because I assume that he wanted to take out a loan but did not. Rabbi Eleazar said, if the debtor agreed, he should return it. Rabbi Eleazar said, if the document was generally known to be in the creditor’s hand, he should return it. But all three rulings are rejected, “the Sages say, he should never return them.” Rabbi Abbahu in the name of Rabbi Joḥanan: Because of conspiracy. Rabbi Yasa in the name of Rabbi Joḥanan: If its date was that very day, he should return it.
Mishnah
7 One who found women’s bills of divorce or slaves’ bills of manumission, dispositions of gift or receipts should not return them since I assume that they were written but he changed his mind and did not deliver them.
Halakhah
“One who found women’s bills of divorce,” etc. It was stated: “One who found women’s bills of divorce with ketubot should return them.” Is the ketubah not prima facie evidence?
If a person took out a documented loan and paid it back, he cannot use the document to take out a second loan because it diminishes the power of the buyers. Rabbi Yasa in the name of Rabbi Joḥanan: Even on the same day. Rabbi Zeʿira asked before Rabbi Yasa: Here you say, even on the same day. But there, you say, if its date was that very day, he should return it! He answered, a person is likely to take out a loan and repay it the same day, but a person is not likely to repay a loan and take it out the same day. Rabbi Ḥaggai asked before Rabbi Yasa: It is the same day, the same witnesses, and the same amount. What is the meaning of “it diminishes the power of the buyers”? He answered, if the property had not been mortgaged. But some say, if the witnesses did not sign for this loan.
Mishnah
8 One who found letters of appraisal, letters of sustenance, or documents of ḥalîṣah or repudiation, or documents of arbitration, or any other court document, should return them. If he found in a basket or in a box a bundle or joined documents he should return them. How many are joined documents? Three documents connected to one another. Rabban Simeon ben Gamliel says, if one person borrows from three, he should return it to the borrower; if three persons borrow from one, he should return it to the lender. If he found a document among his documents whose nature was unknown to him, it should remain there until Elijah comes. If it has an agreement attached to it, he should follow the agreement.
Halakhah
“One who found letters of appraisal,” etc. Rav Jeremiah in the name of Rav: If it contained a certification by the court, it should be returned. Rabbi Ḥama the father of Rabbi Hoshaia said, the tamarisks among the judges of the diaspora are like chicks among the judges of the Land of Israel.
Rav Hamnuna said, if the sale contract was written on the first of Nisan but payment was only on the tenth of Nisan, they have to write: Even though we wrote the document on the first of Nisan it was agreed that payment would be made on the tenth of Nisan.
Rav Jeremiah in the name of Rav: A stipulation produced by the creditor in the creditor’s handwriting is invalid, because I assume that he has practiced writing documents. This implies that in someone else’s handwriting it would be valid. Rabbi Isaac bar Naḥman in the name of Samuel: A stipulation is only valid if it is in the possession of the creditor but written by the debtor. But didn’t we state: “That our father did not instruct us, that our father did not tell us, that we did not find a document among our father’s documents that this note was paid.” So it could be found to have been paid. What about this? Rabbi Yose ben Rabbi Abun said, explain it as a case of a testamentary gift, since people are not likely to impair their testamentary gifts.
Mishnah
1 Which finds are his and which ones does he have to make public? The following finds are his: If he found scattered produce, scattered coins, bundles of grain in the public domain, or fig cakes, baker’s loaves, strings of fish, cuts of meat, local fleece-wool, bundles of flax, or strips of purple wool. These are his.
Halakhah
“Which finds are his,” etc. Where in the Torah can we infer that an owner has given up hope? Rabbi Joḥanan said in the name of Rabbi Simeon ben Yehoṣadaq: “So you shall proceed with his donkey,” etc. You have to make public what he has lost but anyone may find. But you do not have to make public what he has not lost but anyone may find. This excludes the owner’s giving up hope about what was lost by him or anyone else.
It was stated: “One who found bundles of grain in the public domain does not have to make it public. In a private domain he has to make it public. He has to make sheaves public, whether in the public or the private domain.”
“Fig cakes.” That is, large cakes. But he has to make public small cakes that come from Bostra since they are typical for that place. He has to make public cuts of meat with a loaf or a kidney among them. He has to make public strings of fish strung together with a vegetable or a whitefish.
Mishnah
2 Rabbi Judah says, one has to make public anything out of the ordinary. How is this? If he found a fig cake containing a potsherd, or a loaf containing coins. Rabbi Simeon ben Eleazar said, one does not have to make public merchandise of any kind.
Halakhah
“Rabbi Judah says, anything out of the ordinary,” etc. It was stated: If it is embedded in it. Here you say, if it is embedded in it. But there you say, if it lies on top of it. When you say, if it is embedded in it, this is in the public domain. When you say, if it lies on top of it, this is in a private domain. Maybe even in the public domain? If it lies on top of it, I assume that it fell there.
“Rabbi Simeon ben Eleazar said, one does not have to make public merchandise of any kind.” Rabbi Joḥanan made this public and stated about it: “The following are these. For example, needle strips, fire tongs, and strips of axes.” The Amora of Rabbi Isaac bar Tevlai found a web rolled in a scarf. He came before Rabbi Isaac bar Tevlai who instructed him following Rabbi Simeon ben Eleazar. The Amora of Rabbi Joḥanan found a web rolled in a scarf. He came before Rabbi Joḥanan who asked him, where did you find it? In an alley, in a public square? For he wanted to exempt him according to Rabbi Simeon ben Eleazar.
Mishnah
3 But the following must be made public: If one found produce in a container or simply a container, coins in a wallet or simply a wallet, heaps of produce, heaps of coins, three coins one on top of the other, bundles of grain in a private domain, home-baked loaves, fleece wool taken from an artisan’s house. He has to make public pitchers of wine and pitchers of oil.
Halakhah
“But the following must be made public,” etc. Rav Judah says three coins of three kings. Rabbi Eleazar said, or even three from one king if they form a tower? Of three kings and they are in three towers? Or even three of one king as a tower.
“He has to make public pitchers of wine and pitchers of oil.” Rabbi Joḥanan said, if it was like a tripod one does not have to make it public. What does “like a tripod” mean? For example, a corral belonging to three people. Since one does not know who to return it to, he does not have to make it public. Rabbi Yose said, we learn from this that if a person went behind Rabbi Ḥalafta and a denar fell down from them, since one does not know who to return it to, he does not have to make it public. Simeon bar Abba was walking behind Rabbi Eleazar. A denar fell down from him. Simeon bar Abba presented it to him. He answered, I had already given up hope about this. They said, Rabbi Eleazar only intended it for Rabbi Simeon bar Abba because he was poor.
Mishnah
4 If one found pigeon chicks bound together behind a temporary or permanent fence or on paths between fields, he should not touch them. If one found a vessel on garbage heaps, if it was covered he should not touch it, if in the open he should take it and make it public. What one found in a heap or an old wall belongs to him. At a new wall, from the middle to the outside belongs to him, from the middle to the inside belongs to its owner. If he was renting out to others, even what is inside the house belongs to him.
Halakhah
“If one found behind a temporary fence,” etc. Rav Judah said: Only pigeon chicks tied together at their wings. Rabbi Abba bar Zavda found a ring covered in a box and took it. He came and asked Rav, who told him, you did not act correctly. He said, should I return it? He answered, no, for we might say that its owner came, looked for it, did not find it and gave up hope for it.
It was stated: What one found on a garbage heap he has to make public, for garbage is moved. What one found in a heap or an old wall belongs to him, because I assume that it belonged to the Amorites. It was stated: If one found between planks, from the door and inside is like inside, from the door and outside is like outside. If it was opening to the inside, even from the middle to the outside belongs to the owner of the property. If it was opening to the outside, even from the middle to the inside belongs to the finders.
“If he was renting out to others, even what is inside the house belongs to him.” Rabbi Jeremiah says, they disagree about a inn, but in a courtyard everybody agrees that he is required to make it public. Rabbi Yose said, they disagree about a courtyard, but in a inn everybody agrees that it belongs to its finder.
Mishnah
5 What one found in a store is his. Between the counter and the storekeeper it is the storekeeper’s. In front of the moneychanger it is his. Between the chair and the moneychanger it is the moneychanger’s. If one bought produce from another person or another person sent him produce and he found coins in it, they are his. But if they were bundled, he takes them and makes it public. The garment was included under “anything.” Why was it mentioned separately? To group other things with it and tell you, just as a garment is special in that it has distinguishing marks and claimants, so you have to give public notice about everything that has distinguishing marks and claimants.
Halakhah
“What one found in a store is his,” etc. Rabbi Eleazar said, this is what the Mishnah means: On his chair, on his counter.
Simeon ben Shetaḥ was working with linen. His students said to him, Rabbi, to make things easier for you we want to buy a donkey, then you will not have to work so hard. They went and bought a donkey from a Saracen. A pearl was hanging on its neck. They came to him saying, because of this you will not have to work anymore. He said to them, why? They told him, we bought you a donkey from a Saracen and a pearl is hanging on its neck. He asked them, does its owner know about this? They answered, no. He told them, go and return it. But didn’t Rav Huna, Bevay bar Gozlan, in the name of Rav say, they objected before Rabbi: Even according to the one who says that an object stolen from a Gentile is forbidden, everybody agrees that what he lost is permitted. Do you think that Simeon ben Shetaḥ was a barbarian? Simeon ben Shetaḥ wanted to hear: Praised be the God of the Jews, more than any gain in this world.
The following implies the same. Rabbi Ḥanina reports the following case: The elder rabbis bought a heap of wheat from the household of the general and found a bundle of denars in it. They returned it to them. They said, praised be the God of the Jews.
Abba Oshaia from Tireh [was a washer. The queen came to bathe in a water pond. She lost her בינדילנין; he found it. When she left, he handed it to her.] She said, this is for you. It is not important to me and I have more of this. He told her, the Torah requires us to return it. She said, praised be the God of the Jews.
Rabbi Samuel bar Sosarṭai went to Rome. The queen had lost her necklace but he found it. A herald went through the city: Anyone who returns it within 30 days will receive such and such. After 30 days he will be put to death. He did not return it within 30 days. After 30 days he returned it. She asked him, had you not been in the city? He answered, yes. She asked him, had you not heard the voice of the herald? He answered, yes. She asked him, what did he say? He answered, anyone who returns it within 30 days will receive such and such. After 30 days he will be put to death. She asked him, why did you not return it within 30 days? He answered, so that no one would say that I acted out of fear of you, but out of fear of the Merciful. She said to him, praised be the God of the Jews.
Alexander the Macedonian went to the king of Cassia. He saw that he had much gold, much silver. He told him, I do not need your gold or your silver. I came only to see your practice, how you conduct affairs and how you judge. While he was still discussing with him, a man came who had a dispute with another, for he bought a garbage heap, dug in it and found a treasure trove of denars. The buyer said, I bought a garbage heap, I did not buy a treasure. The seller said, I sold a garbage heap and all it contains. While they still were arguing with one another, the king asked one of them, do you have a son? He answered, yes. He asked the other one, do you have a daughter? He answered, yes. He told them, marry them to each other and the treasure should belong to both. He started to laugh. He asked him, why are you laughing? Didn’t I judge correctly? He asked him, if the case came before you, how would you have judged? He told him, one kills both of them and the treasure goes to the king. He told him, do you love gold so much? He made him a meal and set before him golden meat, golden chicken. He asked him, can I eat gold? He told him, the spirit of this person should be wiped out. You cannot eat gold. Why do you love gold so much? He asked him, does the sun shine on you? He answered, yes. Does rain fall on you? He answered, yes. He asked him, do you have small animals? He answered, yes. The spirit of this person should be wiped out. You live only by the merit of the small animals, as it is written: “You save humans and animals, Eternal One!”
Mishnah
6 How long does one have to make it public? Until his neighbors know, the words of Rabbi Meïr. Rabbi Judah says, three holidays, and after the last holiday seven days so that one has three days to go home, three days to come back, and one day to make it public.
Halakhah
“How long does one have to make it public,” etc. It was stated: In earlier times one made it public during three holidays, and after the last holiday seven days so that one has three days to go home, three days to come back, and one day to make it public. After the destruction of the Temple they instituted that one has to make it public during three days. From the time of the danger they instituted that one has to inform his relatives and neighbors. This is sufficient.
Mishnah
7 If one described the lost object but not its identifying marks, he should not hand it over. One should not hand it over to a swindler even if he describes its identifying marks, since it is said: “Until investigating your brother about it,” until you investigate your brother to find out whether he is a swindler.
Halakhah
“If one described the lost object,” etc. What is a swindler? He presents himself as someone who returns finds and uses this for a big coup. How does he make a big coup? He presents himself to people as someone who returns finds so they will give him valuables in trust. He takes all of them and disappears. But some say, he goes to one synagogue and hears about distinguishing marks. Then he goes to another synagogue, describes the identifying marks and takes the finds away.
Mishnah
8 Anything that works and eats must work and eat. What does not work but eats should be sold because it is said, “and return it to him,” plan to return it to him. What happens with the money? Rabbi Tarphon says, he may use it. Therefore, if it is lost he is liable for its alienation. Rabbi Aqiba says, he may not use it. Therefore, if it is lost he is not liable for its alienation.
Halakhah
“Anything that works and eats,” etc. It was stated: Calves should not be given food costing the value of a calf, foals the value of a foal, or chickens the value of a chicken. It happened that a man found five calves. He was selling and feeding until only one was left. Rav Judah in the name of Rav: Practice follows Rabbi Tarphon about objects with distinguishing marks. Rabbi Abba and Rav Judah in the name of Rav: It happened that Rabbi instructed following Rabbi Tarphon in a case about objects with distinguishing marks. Rav Judah said, a scholar does not have to indicate a distinguishing mark. Rav Huna said, everybody agrees that if it was a bundle of coins he may not touch them.
The great Judah went to the synagogue. He took off his sandals and they disappeared. He said, if I had not gone to the synagogue, my sandals would not have disappeared. Rabbi Yose was sitting and teaching when a dead body was brought in. He did not say anything either to those who got up or to those who remained sitting.
Mishnah
9 One who found book-scrolls reads in them once every thirty days. If he is illiterate, he rolls them up. But he should not study a new subject in them, nor should a second person read with him. One who found a garment shakes it out every thirty days. He spreads it out to preserve it, but not to show off. He uses silver and brass vessels for their preservation, but without wearing them down. He should not touch gold and glass vessels until the prophet Elijah comes. If one found a sack or a chest or anything he would not ordinarily pick up, he need not take it.
Halakhah
“One who found book scrolls,” etc. It was stated: “One who found book scrolls reads in them once every thirty days. If he is illiterate he rolls them up. He should not read a paragraph and repeat it, nor should he read a paragraph and translate it, nor should he open more than three pages, nor should three persons read from the same volume. When does this apply? To new ones. But for old ones, every twelve months. He may use silver vessels cold but not hot because it blackens them. He may use brass vessels hot but not on the fire because it diminishes them. He may use rakes and axes on soft material but not on hard material. With a rake he may receive mortar, wash it, and put it back in its place. With an ax he may split wood, but not stone-palm or olive wood. What has been said about a find is valid equally for deposits. If one deposits a garment with another person, he has to shake it out once every thirty days. If it is much work, he can collect his expenses from it.”
Mishnah
10 What is a lost animal? If he found a donkey or a cow grazing on the road, this is no lost animal. A donkey whose gear is upside-down or a cow running in a vineyard are lost animals. If he returned it but it ran away, returned it but it ran away even four or five times, he is obligated to return it since it is said: “You must return it.” If he was losing time worth a tetradrachma, he cannot say, give me a tetradrachma, but the owner may pay him at the rate of an unemployed worker. If there is a court, he can stipulate with him before the court. If there is no court, who could he stipulate before? His own comes first. If one found it in the cowshed, he has no obligation. In the public domain he is obligated. But if it was between graves, he may not defile himself. If his father told him to defile himself, or told him not to return it, he should not listen to him. If he unloaded and loaded, unloaded and loaded even four or five times, he is obligated since it is said: “You must help.” If he sat down and said, since it is your religious obligation, if you want to unload, unload, he is free since it is said: “with him.” It is a religious obligation to unload, but not to load. Rabbi Simeon says, also to load. Rabbi Yose the Galilean said, if the load was more than the ordinary, he need not do anything since it is said: “under its load,” a load which it can carry.
Halakhah
“What is a lost animal,” etc. “If one found it in the cowshed, he has no obligation. In the public domain he is obligated. Between graves, he may not defile himself. If his father told him to defile himself, or told him not to return it, he should not listen to him.” Everywhere you say that a positive commandment takes precedence over a prohibition, but here, you say that a positive commandment does not take precedence over a prohibition? There is a difference since both he and his father are required to honor the Omnipresent.
It was stated: “Lying down” but not one which habitually lies down. But then it was stated: “He unloads with him even a hundred times in a day.” When you said, “lying down” rather than one that habitually lies down, this refers to one that lies down by itself. When you said, “he unloads with him even a hundred times,” this refers to an accident.
“If you come across.” I could think, only if you actually come across him. The verse says, “if you see.” Concerning “if you see,” I could think even at a distance of a hundred mil? The verse says, “If you come across.” How is this? The Sages estimated the distance as a stadion, or a mil divided by seven and a half. “You must put in order,” this is unloading. “You must lift up,” this is loading. Rabbi Simeon ben Yoḥai says, just as his unloading is an obligation from the Torah, so his loading is from the Torah. If the donkey was a Jew’s but the load a Gentile’s, everybody says that he unloads and loads. If the donkey was a Gentile’s but the load a Jew’s, according to the Sages one neither unloads nor loads. According to Rabbi Simeon one unloads but does not load.
Mishnah
11 Between his lost property and his father’s lost property, his own takes precedence. Between his lost property and his teacher’s lost property, his own takes precedence. Between his father’s lost property and his teacher’s lost property, his teacher’s lost property takes precedence, for his father brought him to the life of this world, but his teacher who taught him wisdom brought him to life in the world to come. But if his father was his teacher’s equal, his father’s lost property takes precedence. If his father and his teacher were carrying loads, he unloads his teacher’s and after that his father’s. If his father and his teacher were jailed, he redeems his teacher and after that redeems his father. But if his father was learned he redeems his father and after that redeems his teacher.
Halakhah
“Between his lost property and his father’s lost property,” etc. It was stated: “Who is his teacher who taught him wisdom? The one who taught him first, the words of Rabbi Meïr. Rabbi Judah says, the one from whom he received most of his instruction. Rabbi Yose said, anyone who explained a Mishnah to him.” Rav followed Rabbi Meïr, Rabbi Joḥanan followed Rabbi Judah, and Samuel followed Rabbi Yose.
Rav followed Rabbi Meïr. A person was Rav’s first teacher. He heard that he had died and tore his garment for him.
Rabbi Joḥanan followed Rabbi Judah. Rabbi Joḥanan was climbing from Tiberias to Sepphoris when he saw a man descending from there. He asked him, what is new in the big city? He told him, one of the great rabbis died and everybody was running to attend to him. Rabbi Joḥanan understood that it was Rabbi Ḥanina. He sent and brought his good Sabbath clothes and tore them. But didn’t we state: Any tear which is not in panic is not a tear? Rabbi Joḥanan wanted to do more and show his appreciation. But we do not know whether it was because he was his teacher or because of bad news. There is the case of Rabbi Ḥiyya bar Abba in Sepphoris. He saw that everybody was running. He asked, why is everybody running? They told him, Rabbi Joḥanan is preaching in Rabbi Banaia’s study house and everybody is running to hear him. He said, praised be the Merciful who showed me people running while I am alive. In Agadah I explained everything to him except Proverbs and Ecclesiastes. This means every single student.
Samuel followed Rabbi Yose. A person explained to Samuel: “Two keys, for one he has to go down to his armpit and one opens straight.” This means that he lowered his hand under his armpit until he could insert the key straight. He heard that this person had died and tore his garment for him.
Mishnah
1 If one deposited an animal or vessels with another and they were stolen or lost: If the other paid and did not want to swear although they said that the unpaid trustee swears and is absolved, in case the thief was found, he pays double restitution. If he slaughtered or sold it, he pays quadruple or quintuple restitution. Who does he pay? To the person with whom it was deposited. If the other had sworn and did not pay, in case the thief was found, he pays double restitution. If he slaughtered or sold it, he pays quadruple or quintuple restitution. Who does he pay? To the owner of the deposit.
Halakhah
“If one deposited an animal or vessels with another,” etc. Where does he derive this from? “If the stolen object is found in his hand.” Don’t we know that if the thief is found he has to pay double? Why does the verse say, “he must pay double”? If the verse is not needed for the case, use it for the following subject. Rabbi ... went to the “term” of Rabbi Yudan and asked this question before him. He answered, refer to what is stated afterward: “If the other had sworn and did not pay, in case the thief was found, he pays double restitution. If he had slaughtered or sold it, he pays quadruple or quintuple restitution. Who does he pay? To the owner of the deposit.” Shouldn’t he pay to the person with whom it was deposited? Rabbi Nasa in the name of Rabbi Jonah: “Alive, he must pay double.” The double fine goes where the principal goes. Rabbi Joḥanan and Rabbi Eleazar. Rabbi Nasa adds in the name of Rabbi Yose ben Ḥanina: Not only when he paid, but even when he stated his willingness to pay it is as if he had paid.
If he said, I am paying, one may suspect that possibly he took it for himself. If he said, I am swearing, but then he saw that other oaths were added and he said, I am paying, one is suspicious. Rabbi Yose said, the Torah did not impose an oath on him to restrict him but to make things easier for him. For if he wants to pay, he may pay, and if he wants to swear, he may swear. If he had witnesses that it was forcibly stolen, that is the case Rabbi Eleazar referred to when he said: If somebody sells his claims of fines to someone else, his action has no effect. If he had witnesses that it was stolen because of negligence, he comes under the category of “he may pay.” If afterward the stolen object was found, who does the thief pay? To the first, or to the second, or to both of them?
Mishnah
2 If somebody leases a cow from another person and then lends it out to a third person, and it dies a natural death, the lessee must swear that it died a natural death and the borrower has to pay the lessee. Rabbi Yose said, how can this one treat another person’s cow as his merchandise? But the value of the cow must be returned to its owner.
Halakhah
“If somebody leases a cow from another person,” etc. But does he have permission to lend it? Didn’t Rabbi Ḥiyya state: “The borrower cannot lend or lease, nor can the lessee lease or lend, unless he received permission from the owners.” Rabbi La said in the name of Rabbi Yannai: Only if he gave permission to lease. And here, only if he gave permission to let him be a steward. Rabbi Abbahu asked: If the owners borrowed it and it died of natural causes, should the lessee swear that it died a natural death and the borrower pay the renter? Rabbi Abinna said, if they ate it, they ate their own property. “Rabbi Yose said, how can this one treat another person’s cow as his merchandise? But the value of the cow must be returned to its owner.”
Mishnah
3 If one says to two people, I robbed a mina from one of you but I do not know who it was or, the father of one of you deposited a mina with me but I do not know who it is, he has to pay a mina to each of them since he himself confessed. If two people deposited with a third party, one a mina and one 200 zuz, Each of them says, the 200 are mine. He must give each of them a mina and the remainder must be kept on deposit until Elijah comes. Similarly two vessels, one worth a mina, the other worth 1,000 zuz. Each of them says, the valuable one is mine. He must give the small vessel to one of them, from the value of the large one he must give the value of the small one to the other and the remainder must be kept on deposit until Elijah comes. Rabbi Yose said, if that is so, what did the trickster lose? But everything must be kept on deposit until Elijah comes.
Halakhah
“If one says to two people, I robbed,” etc. Rabbi Abbahu in the name of Rabbi Joḥanan: Here, if they make a claim. There, if they are silent. Rabbi Yasa in the name of Rabbi Joḥanan: Here, if witnesses know. There, if no witnesses know. Rav Jeremiah in the name of Rav: Here, if he swore. There, if he did not swear. There, they say in the name of Rav: Here, if he swore. There, if he did not swear. Rabbi Jeremiah wanted to say, he should have kept silent and not confessed. Rabbi Yasa wanted to say, he should have kept silent and not have sworn. Rabbi Joḥanan said, if he swore, he should have appointed an officer of the court. Rabbi Joḥanan seems to say, an officer of the court determined that one was a robber, not a court which determined that one was robbed. Other Tannaim stated, a court which determined that one was robbed, [as it was stated, Rabbi Simeon ben Eleazar said, a court which determined that one was robbed,] not a court which determined that one was a robber. Rabbi Ila said, we have also stated that the rules are identical for robbery, intercourse, and loan. Everybody agrees about the deposit mentioned in the Mishnah, from the following: “If he said to two people, I robbed a mina from one of you but I do not know which one of you it was.”
Mishnah
4 If somebody deposits produce with another person, even if it is becoming unusable he should not touch it. Rabban Simeon ben Gamliel said, he must sell it under the supervision of the court as returning lost property to its owner.
Halakhah
“If somebody deposits produce with another person,” etc. Rabbi Abbahu said, if you were to say that he should not touch them even if they are going to spoil, he will invent situations. Rabbi Abba bar Jacob in the name of Rabbi Joḥanan, Rabbi Abbahu in the name of Rabbi Joḥanan: Practice follows Rabban Simeon ben Gamliel. For example, Rabbi Joḥanan from Ḥaqoq deposited a saddlebag full of leavened material with the elder Rabbi Ḥiyya. He came to ask Rabbi, who said it should be sold under the supervision of the court when it would otherwise have to be destroyed. A person deposited an amphora full of kutaḥ with Rabbi Ḥiyya bar Ashi. He came to ask Rav, who said it should be sold under the supervision of the court when otherwise it would have to be destroyed.
Mishnah
5 If somebody deposits produce with another person, that person returns it after deducting losses, for wheat and rice four and a half qab per kor, for barley and millet nine qab per kor, for spelt and linseed three seʿah per kor. Everything is proportional to the quantity and time elapsed. Rabbi Joḥanan ben Nuri said, do the rats care, don’t they eat as much from a large amount as from a small amount? But he only deducts what corresponds to one kor. Rabbi Judah says, if it was a large quantity, he does not deduct because of the surplus. He deducts one sixth of wine. Rabbi Judah says a fifth. He deducts three log of oil per hundred, a log and a half lees, a log and a half absorption. If it was refined oil, he does not deduct lees. If the vessels were old, he does not deduct absorption. Rabbi Judah says, also if somebody sells refined oil during the entire year, the buyer accepts a log and a half lees per hundred.
Halakhah
“If somebody deposits produce with another person,” etc. Rabbi Immi said, they stated this at harvest time. There, they say that these evil rats, if they see plenty of produce, call their friends and eat with them. Rabbi Joḥanan said, they waste, they squander.
“He deducts one sixth of wine. Rabbi Judah says a fifth.” Rav Oshaia said, if he did not tell him, “I am providing you with refined oil the entire year.” But if he said so, he has to provide him with refined oil.
Mishnah
6 If somebody deposits an amphora with another person without insisting on a separate place, when it was moved and broke in his hand, if the moving was for his needs, he is liable. If it was for its needs, he is not liable. If it broke after it was put down, whether it was for his or its needs, he is not liable. If its owner insisted on a separate place but it was moved and broke, whether in his hand or after it was put down, for his needs he is liable, for its needs he is not liable.
Halakhah
“If somebody deposits an amphora with another person,” etc. Didn’t Rabbi Eleazar say, to what can the situation be compared? One who steals an amphora from another person’s wine cellar. Even if the owner does not realize the theft, he must know that it has been returned. He said, there is a difference because the trustee has authority over it. Rabbi Eleazar said, some say because the trustee has authority over it. What does “for its needs” mean? If the owner insisted on a specified place, at another place, whether it is for his needs or its needs, he is (not) liable. There are those who say that the trustee is not authorized; there is no difference whether at this place or at another place; for his needs he is liable, for its needs he is not liable.
Mishnah
7 If somebody deposits coins with another person who binds them together and carries them on his back or gives them to his underage son or daughter, or locks them insufficiently, he is liable because he did not take the care people normally take. But if he took the care people normally take, he is not liable.
Halakhah
“If somebody deposits coins with another person,” etc. Rabbi Yose said: We learn from this that in case a man gave plyṭvryn to another in the marketplace and that one handed it over to his underage son or daughter, if they were stolen or lost he is not liable since I assume that nobody is in the marketplace because of plyṭvryn.
When did they say that the unpaid trustee swears and is absolved? If he took care of it the way caretakers do: He locked it as he should, tied it as he should, put it into his money belt, tied it into his poncho and kept it in front of him, put it into a cupboard, a chest, or a safety box. If they were stolen or lost he is required to swear but not liable to pay. If there are witnesses that he did so, he is even exempt from the oath. He locked carelessly, tied carelessly, put it on his back, left it on his roof. If it was stolen he is liable for payment. If he put it at a place where he usually keeps his own things, if it was kept safe as it should have been he is not liable. Otherwise, he is liable.
Mishnah
8 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 Rabbi Meïr. Rabbi Judah says, like a money changer.
Halakhah
“If somebody deposits coins with a money changer,” etc. Rav Huna said that Rabbi Jeremiah asked, what does this mean? Tied under seal or tied together without a seal. If you say under seal, without a seal he may. If you say without a seal, all the more so under seal.
Mishnah
9 If a person appropriates a deposit, the House of Shammai say, he bears any loss from a decrease or increase in value, but the House of Hillel say, at the price at the time of delivery. Rabbi 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 of it.
Halakhah
“If a person appropriates a deposit,” etc. This is what the Mishnah means: At the time of claim in court. Rav Jeremiah in the name of Rav: Practice follows Rabbi Aqiba. Even though the House of Hillel disagree with him? Rabbi Abun bar Ḥiyya: It happened that there was a case and Rabbi instructed following Rabbi Aqiba. Rav Hoshaia said, if there are no witnesses. But if there are witnesses, everybody agrees with Rabbi Aqiba’s position. A case came before Rabbi Nasa and he instructed following Rabbi Aqiba.
And what is the reasoning of the House of Shammai? “Any talk of criminality.” How do the House of Hillel explain “any talk of criminality”? I could think only if he acts alone, etc.
Mishnah
1 Silver acquires gold but gold does not acquire silver. Brass acquires silver but silver does not acquire brass. Bad coins acquire good ones but good ones do not acquire bad ones. A blank acquires a coin but a coin does not acquire a blank. Movables acquire coins but coins do not acquire movables. This is the rule: all movables acquire one another.
Halakhah
“Silver acquires gold,” etc. This is a summary of the matter: Anything worth less that the other acquires the other. Rebbi Ḥiyya bar Ashi said, who stated this? Rebbi Simeon ben Rebbi. His father told him, change your opinion and state the following: “Gold acquires silver.” He told him, I do not change my opinion since when your faculties were unimpaired, you instructed me to state: “Silver acquires gold.” The word of Rebbi implies that gold is like produce. The Mishnah implies that silver is like produce. [Rebbi Ḥiyya’s baraita implies that gold is like produce, but his word implies that silver is like produce, as in the following:] The elder Rebbi Ḥiyya’s daughter lent denars to Rav. She came and asked her father, who told her: Take from him good and full weight denars. Do we learn from Rebbi Ḥiyya’s daughter? Rebbi Idi said, also Abba, Samuel’s father, asked before Rebbi: May one lend denars against denars? He answered him, it is permitted. Rebbi Jacob bar Aḥa said, also Rebbi Joḥanan and Rebbi Simeon ben Laqish both instruct: It is permitted to lend denars against denars. Qerat against qerat is permitted, lekan against lekan is forbidden.
There, we have stated: If anything is given instead of money, if one entered in possession, the other is obligated for its exchange. Rebbi Joḥanan said, they stated this only about an ox for a cow, or a donkey for an ox; but heap against heap one did not acquire. Rav Jeremiah in the name of Rav: Even heaps among heaps he did acquire. Rebbi Abba bar Mina in the name of Rav: One who exchanged אברוקלון against אמברוקלון did acquire.
Rebbi Ze‘ira, Rav Jehudah in the name of Samuel: One had a cow and one a donkey. They exchanged one for the other. The donkey’s owner took the cow. When the cow’s owner came to take the donkey and found that it had a fracture, the donkey’s owner had to bring proof that his donkey was well at the moment he took the cow. Anybody who does not agree to this does not know anything about civil law. Rebbi Ze‘ira said, I do not agree, I do not know anything about civil law. There, we have stated: “If she had bodily defects, as long as she was in her father’s house,” etc. Rebbi Ḥuna, Rebbi Phineas, and Rebbi Ḥizqiah went to visit Rebbi Yose to sharpen wits. They quoted the statement and he told them, look at the next statement: “Once she entered the husband’s domain, the husband has to prove.” Would not the father have to prove? But you are saying that the husband has to prove; here also, the owner has to prove.
(Rebbi Abba, Rav Jehudah in the name of Samuel: One had a cow and one a donkey. They exchanged them.) The donkey’s owner took the cow; he did not acquire it. Would the donkey be acquired? Rebbi Abba said, he acquired. Rebby Yasa said, he did not acquire. Rebbi Mana said, there is a situation in which Rebbi Yose would agree: A man said to another, I want to sell my cow. He asked him, for how much? He answered, for eight denars. He went and gave him a draft on his banker. In the morning he went and found him open for business. He asked him, what are you doing here? He answered, I want to collect the denars in the draft I have on you. He asked him, what do you want to buy with them? He answered, a donkey. He told him, your donkey is with me. If either of them took possession, the other did not acquire but each animal separately has to be taken in possession.
Mishnah
2 How is this? If he collected from him the produce but did not give him the money, he cannot retract. If he gave the money but did not collect the produce, he can retract, but they said: He Who exacted retribution from the people of the Flood will in future collect from him who does not keep his word. Rebbi Simeon said, the one who holds the money is advantaged.
Halakhah
“How is this? If he collected the produce from him,” etc. Rebbi Aḥa said, it is written: “For the earth was filled with oppression because of them.” What was their oppression? If a person came carrying a box full of lupines they all asembled and each one was taking less than the worth of a peruṭah, a case which cannot be brought before the judges. Rebbi Ḥiyya bar Abba said, “much, much”. The acts of these were identical to the acts of those.
Rebbi Ḥanina said, practice follows Rebbi Simeon, but we do not say this in all cases. Rav Jeremiah in the name of Rav: A case came before Rebbi and he instructed following Rebbi Simeon. Rebbi Ḥiyya bar Joseph gave a denar for salt. That one reneged. He said, does he not know that already a sickle is put on the thigh of that man, “He Who exacted retribution from the people of the Flood will in the future collect from him who does not keep his word”? A person paid for raw silk. He reneged. The case came before Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan. Rebbi Ḥiyya bar Joseph said, either he delivers for the amount of the pledge or one may turn him over to “Him Who exacted retribution.”. Rebbi Joḥanan said, either he delivers the entire contract or one may turn him over to “Him Who exacted retribution.” Rebbi La said, it was a case of a pledge; Rebbi Ze‘ira said, he had given him partial payment. Rebbi Ḥiyya bar Joseph agrees with Rebbi Joḥanan in a sale which is not usually split, such as of a cow or a stole.
Rebbi Jacob bar Idi, Rebbi Abbahu in the name of Rebbi Joḥanan: A ring does not have the status of a pledge. Nobody dealing in words onlymay one deliver to “Him Who exacted retribution”. Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan: If one promised a gift to another and wanted to renege on it, he may renege. [Rebbi Jacob bar Zavdi asked before Rebbi Abbahu: Is that “true no, true yes”?] He said, at the moment when he said it, he had to speak with full deliberation. After that, if he changes his mind, he cannot change it, that is, if [the recipient] is poor. But for a rich person, is that a vow? Rav commanded his servant: If I tell you to give a gift to a person, if he is poor, give it to him immediately. But if he is rich, take counsel with me a second time.
Rebbi Joḥanan gave denars to a relative of his for oil. The oil rose in price. He went and asked Rebbi Yannai who told him, by Torah standards money acquires, but why did they say it does not acquire? Lest [the seller] tell him, your wheat was burned in the storage room. Rebbi Samuel ben Sosartai in the name of Rebbi Abbahu: If [the seller] told him, your wheat was burned in the storage room, he is trustworthy. Rebbi Isaac objected: Where do we hold? If his money had acquired for him, his property would have been burned. But if his money had not acquired for him, the other’s property was burned.
Rebbi Simon in the name of Rebbi Joshua ben Levi: A person who gave ten denars to another and told him, I have to get from you 100 (denars) [barrels] from that house, is permitted; from that vineyard, is prohibited. What is the difference between house and vineyard? A house is not expected to collapse, a vineyard occasionally collapses. Rebbi Yose said, you understand from this that if a person gave ten denars to another and told him, I have to get 100 barrels from you, once he used them he is required to deliver the merchandise.
Rebbi Simeon ben Laqish said, “or buying from your neighbor’s hand”, from you neighbor’s hand you need an act of acquisition; you do not need an act of acquisition from the Gentile’s hand. In Rebbi Simeon ben Laqish’s opinion, why does one deliver a person to “Him Who exacted retribution”? Rebbi Yose ben Rebbi Abun said, it follows the Tanna who stated: “Nobody dealing in words only may one deliver to “Him Who exacted retribution”.
Mishnah
3 Cheating is four obols per tetradrachma of 24 obols, one sixth of the sale price. Until when may one return [the merchandise]? Until one can show it to a trader or a relative. Rebbi Tarphon instructed in Lydda that cheating is eight obols per tetradrachma, a third of the sale price, and the traders of Lydda were rejoicing. He told them, one may return [the merchandise] the entire day; they said, let Rebbi Tarphon keep our place quiet; they returned to the words of the Sages. Just as a private person can be cheated, so a trader can be cheated. Rebbi Jehudah says, a trader has no claim of being cheated. The person overcharged has the advantage; if he so desires, he says, give me my money back, or give me back by what you overcharged me.
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.
Cahana asked before Rav: If the seller is being cheated, he is cheated up to a fifth; if the buyer is being cheated, he is cheated up to a sixth! He answered him, it and the amount of cheating add up to a sixth. If he sold him what was worth five for six, can [the seller] not say, you were taken in for a denar, take your denar! Rebbi Ze‘ira said, the other can say to him, it is not to my honor that people say, this one was made a laughing stock. Some say, he can say to him, it is not to my honor to wear a garment of five denars. Rebbi Joḥanan, Rebbi Eleazar and Rebbi Hoshaia say, what is that Tanna’s reason? “I know that my merchandise was worth only five denars, but because he needed it, I gave it to him for six. Take yours and return mine.”
If he sold him what was worth five for six; [the buyer] did not have time to ask around until it appreciated to be worth seven. Rebbi Jacob bar Idi, Rebbi Abbahu in the name of Rebbi Joḥanan: Since the sale is annulled for one, it also is annulled for the other. There, we have stated: “Four situations in sales. If he sold him high quality wheat and it turned out to be low quality, the buyer can annul the transaction. Low quality and it turned out to be high quality, the seller can annul the transaction.” [Therefore, the buyer cannot annul the transaction.] Rebbi Yose ben Rebbi Abun said, it follows this Tanna: “Nobody dealing in words only may one deliver to “Him Who exacted retribution”.
Mishnah
4 By how much could a tertradrachma be deficient without it being cheating? Rebbi Meïr says four assarii, one assarius per denar. Rebbi Jehudah says four dupondii, a dupondius per denar. Rebbi Simeon says eight dupondii, two dupondii per denar.
Halakhah
“By how much could a tertradrachma be deficient,” etc. It was stated: “More than that he spends it for its worth, a tetradrachma up to a šeqel, a denar up to a quarter [šeqel]. If it is less than this even by an assarius, he may not spend it. If it was circulating as a blank for a tetradrachma or as a šeqel coin, as a blank for a šeqel or as a tetradrachma coin, he only has the shape of the coin. He should give it neither to a person who condemns property nor to a tax assessor since they defraud people, but he drills a hole into it and hangs it on his son’s neck. When has this been said? About tetradrachmas and denars. But gold denars and silver coins one may spend according to their value. Just as one spends it for profane things one may spend it for Second Tithe provided one does not plan it.”
Mishnah
5 How much time does one have to return it? In walled cities until one can show it to a banker, in villages until Sabbath eve. If he recognizes it, he should take it back even after twelve months, but he has only a complaint against him. He may use it for Second Tithe without hesitation since it is only miserly’. Cheating is by four oboli, claim is about two oboli, confession is about one peruṭah. There are five peruṭot: Confession is about one peruṭah; a woman is preliminarily married by one peruṭah’s worth; one who used one peruṭah’s worth of Temple property committed larceny; one who finds one peruṭah’ s worth has to make it public; one who robbed another of one peruṭah’s worth and swore about it, has to return it to him even in Media. There are five fifths: He who eats heave, or heave of the tithe, or heave of the tithe of demay, or ḥallah, or first fruits, adds a fifth. He who redeems his vineyard in the fourth year or his Second Tithe, adds a fifth. He who redeems his own gifts to the Temple, adds a fifth. He who used one peruṭah’s worth of Temple property, adds a fifth. He who robbed another of one peruṭah’s worth and swore about it, adds a fifth.
Halakhah
“How much time does one have to return it,” etc. Ḥizqiah said, to add it for Jerusalem, he adds it as good coin. If he uses it to redeem in the countryside, he redeems with the underweight coin. But did we not state: “He chooses the better one of the two and exchanges it for them”? Why can he not take the worse [coin] and treat it [as a good one]. He said, there is a difference here because it already was shown to be Second Tithe.
“He may use it for Second Tithe without hesitation since it is only miserly.” Jacob bar Zavdi, Rebbi Joḥanan in the name of Rebbi Simon: One does not add a fifth for any Second Tithe which in itself is not worth a peruṭah. Rebbi Joḥanan in the name of Rebbi Yannai: One does not add a fifth for any Second Tithe for which the fifth is not worth a peruṭah. A baraita supports the one, a baraita supports the other. As it was stated: “From its tithe,” except what is worth less than a peruṭah. This means, not unless itself is worth a peruṭah. Another Tanna states: “From its tithe, its fifths” except if it is worth less than a peruṭah. This means, not unless the fifth is worth a peruṭah. Rebbi Abin bar Mamal said, our Mishnah follows neither one since we have stated “there are five peruṭot”, but we did not state “not unless itself is worth a peruṭah”; we have stated “there are five fifths”, but we did not state “not unless the fifth is worth a peruṭah”.
Mishnah
6 The following are not under the rules of cheating: Slaves, securities, real estate, and Temple property; they are not under the rules of double or quadruple or quintuple restitution. An unpaid trustee does not have to swear, a paid trustee does not pay. Rebbi Simeon says, sacrifices which he is obligated to warrant are under the rules of cheating; those for which he is not obligated to warrant are not under the rules of cheating. Rebbi Jehudah says, also he who sells a Torah scroll, an animal, or a pearl is not under the rules of cheating. They told him, they said only these.
Halakhah
“The following are not under the rules of cheating,” etc. It was stated: “Rebbi Jehudah says, also a Torah scroll, an animal, and a pearl are not under the rules of cheating. A Torah scroll, for its value is infinite. An animal and a pearl need to be paired. They said to him, does not a person want to pair everything?” It was stated: “Rebbi Jehudah ben Bathyra says, a sword, a horse, and a shield are not under the rules of cheating at wartime.”
Mishnah
7 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
“Just as there is cheating in trade,” etc. “One may not put on make-up.” Rebbi Eudaimon the salt dealer was mollifying his spread. Jacob bar Aḥa said to him, did we not state: “one may not put on make up”? His word implies that there is make-up on food. Rebbi Ze‘ira was working with flax. He went to Rebbi Abbahu and asked him, may I make my work look good? He told him, go and apply all you know. Rebbi Abbahu was working on those shawls. He came to ask Rebbi Yose ben Ḥanina, how am I with those shawls? He told him, go and apply all you know. Rebbi Abba painted a bathtub. Rebbi Jacob from Emmaus stated: What means: “one may not put on make up”? One may not say to him, paint yourself.
Mishnah
1 What is biting and what is increase? What is biting, lending a tetradrachma for five denars, two se’ah of wheat for three; because this bites. What is increase? Paying more for produce. How is this? One bought from another wheat for a gold denar the kor at the going rate. Wheat appreciated to thirty denars. He told him, deliver my wheat, for I want to sell it and buy wine with the proceeds. The other said, let your wheat be given to me for thirty denars and you have wine with me, but he has no wine. A creditor may not dwell on the debtor’s premises for free or rent it below the going rate, for this would be interest.
Halakhah
“What is biting,” etc. Rebbi Yannai said, this is interest which is taken away by the judges. They asked before Rebbi Joḥanan, can interest be taken away by the judges? He said, if it were so, nothing would be left for the great people of the Land of Israel. Rebbi Joḥanan agrees that no document obligates another. Rebbi Joḥanan agrees that if the document exists one subtracts [the interest].
“What is increase?” It was stated: A Jew who lent to another Jew with interest can collect neither principal nor interest, the words of Rebbi Meïr. But the Sages say, he may collect the capital but not the interest. It is written: “Your money you shall not give him by biting.” Not only money by biting and food by increase. From where increase in money and biting in food? The verse says, “do not take from him biting and increase,” it brackets biting with increase and increase with biting. Since biting refers to money, increase also refers to money; since increase refers to food, biting also refers to food.
“One bought wheat from another.” Rebbi Abba bar Cahana said, the rate which is valid for everybody. Less than that, woe to the seller; more than that, woe to the buyer!
“He told him, deliver my wheat, for I want to sell it.” How did he acquire? Rav Naḥman bar Jacob was of the opinion that he had to deliver (to the other person) [by law. Rebbi Abbahu in the name of Rebbi Joḥanan: His money acquired for him by biblical law.]
“A creditor.” A person lent money to another, who let him live in his house, then said, give me the rent for my house. The first one said, give me my money. The case came before Rebbi Abba bar Mina, who told him to give what was a reasonable rent.
It was stated: “There are things which are interest but are permitted. How is that? A person may buy another’s promissory notes at a discount, or bills of debt at a discount, and need have no compunctions because of interest. Other things are not interest but are forbidden because of circumventing interest. How is that? One received from another a field for ten kor of wheat.… A person said to another, lend me a tetradrachma. He answered, I only have a kor of wheat, take it. If he then turned around and bought it back for 24 it is not interest but forbidden because of circumventing interest.” He might have said to him, you do not have to do this and take your denar but then you have to pay for vessels and porters of the containers.
Rebbi La said, he pays him the wages of his foot; Rebbi Ze‘ira said, he rents him the dwelling at an inflated price.
Mishnah
2 One may increase rental fees but not sale price. How is this? He leased a courtyard saying to him, if [you pay] now it is yours for ten tetradrachmas a year but if paid monthly it is a tetradrachma per month; this is permitted. He sold his field and said to him, if [you pay] now it is yours for 1’000 zuz, but if after the threshing floor it is twelve mina; this is forbidden. If one sold his field, [the buyer] made a partial payment and [the seller] said, anytime you wish bring the remainder and take yours; this is forbidden. If one lent money on a field and said, if you do not repay me in three years from now, it will be mine, it is his; Boethos ben Zenon acted thus following the Sages.
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.
Mishnah
3 One does not hire a shop clerk for half the gain; one does not give him money to buy produce for half the gain unless one pays him wages as an unemployed worker. One does not give chickens to breed for half, nor does one hand over calves and foals for care for half the risk unless one pays for his work and food. But one takes in calves and foals for half and grows them until they are one-third grown, and a donkey until it becomes a beast of burden.
Halakhah
“One does not hire a shop clerk,” etc. A person lent another one denars. He said to him, take two denars as your wages and what they will bring shall be mine and yours.
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]?
“A person was transporting from a lowprice place to a highprice one. Another said to him, give it to me, I shall pay you what you would charge at place X. If the responsibility is the giver’s, it is forbidden, but the buyer’s is permitted. A person was transporting a package from place to place. Another said to him, give it to me, I shall pay you what you would charge at place X. If the responsibility is the giver’s, it is forbidden, but the buyer’s is permitted. But donkey drivers who receive from householders obtain produce for a highprice place at lowprice rates.” Rebbi Jehudah bar Pazi: At a place where usually they can go and return the same day. Rav Huna said, he becomes his agent. But did one not object to [Rav] Huna: If an agent fell victim to an accident, is he liable? If he was the victim of an accident, he is not liable. Does it not happen that an unpaid trustee accepts to be like a borrower? But did not Rebbi Hoshaia state: Just as he is liable for the entirety, so he is liable for a part! Why does one quote this? There, he would pay a high price, but here he pays at the low rate.
Mishnah
4 One hands a cow or a donkey over for care as well as anything which works and eats. At a place where one usually divides the young immediately, one divides; at a place where one usually raises them, they should be raised. Rabban Simeon ben Gamliel says, one hands over a calf with its mother, a foal with its mother, and one invests in improving a field and does not worry about interest.
Halakhah
“One hands a cow or a donkey over for care,” etc. It was stated: “A person may receive from another an animal on condition to deliver to him one lamb and one shearing per year, a chicken for ten eggs a month. The woman receiving a chicken has to care for the chicks as long as those depend on their mother. One cares for small animals 30 days and for large animals 50 days. Rebbi Yose says, for (large) [small] animals three months because they need special care. After that, he gives the owner his part equally, everything according to local practice.” What means “he gives the owner his part equally”? A person gave to another 100 denars; they produced 20 denars. Each takes half of it; the half of the owner remains with him as capital. Do people do that? But they trade, and at the end they divide it up. “A person receiving an animal for care is responsible for it, for an unclean animal twelve months, for a human 24 months. At a place where work is compensated separately, one pays; for offspring of animals, one pays, everything following local custom.”
“Rabban Simeon ben Gamliel says, one hands over, etc., even at a place where one pays additional money for exertion, and one is not worried because of interest.”
“If one accepts an animal for care from another person, how long does he have to care for it? Symmachos says, small asses twelve months, adult donkeys 24 months. If he terminates the care in the middle of the term, one estimates for him; after the term one does not estimate for him, but care for one year is not comparable to two years.”
“If it dies because of gross negligence, he gives everything; not because of gross negligence, he gives half. How is this? It was estimated as one mina and improved and now is worth 200. If it dies because of gross negligence, he gives six gold denars; if not because of gross negligence, he gives 50 zuz.”
“If one accepts an animal for care from another person, it is for no less than twelve months. If he occupied himself with it all through the summer and he says to sell it, one forces him to feed it all through the winter. If he fed it all through the winter and he wants to sell it in the summer, one forces him to occupy himself with it all through the summer.”
It was stated: “Rabban Simeon ben Gamliel said, one invests in improving a field and does not worry about interest. How is this? One leased a field for ten kor of wheat and said to him, give me a tetradrachma and I shall give you twelve kor at threshing time, it is permitted.” Rebbi Joḥanan said, because the field may bring an extraordinary yield. Rebbi Simeon ben Laqish said, it is as if he increased the rent for the field. What is the difference between them? A store or a ship. According to him who said, because the field may bring an extraordinary yield, one invests in a store or a ship. According to him who said, it is as if he increased the rent for the field, one may not invest in a store or a ship. Rebbi Jacob bar Aḥa said, they disagree explicitly: Rebbi Joḥanan said, one invests in a store or a ship. Rebbi Simeon ben Laqish said, one may not invest in a store or a ship, nor in anything which is not invested in the object itself.
Mishnah
5 One may not receive mortmain property from a Jew because that is interest. But one may receive mortmain property from Gentiles, one may borrow from them and lend them on interest, and similarly from a sojourner. A Jew can lend a Gentile’s money on interest by the Gentile’s instruction but not by a Jew’s.
Halakhah
“One may not receive mortmain property form a Jew,” etc. “What is mortmain property? He had 100 sheep and told another: They are valued for you at 100 gold [denars]; their young, their milk, and their shearings are yours, but if they die you are liable for them and you pay me a tetradrachma for every one of them at the end of the year. This is forbidden.”
Rebbi Jeremiah asked: There you say that a paid trustee who would be responsible for accidents is forbidden. But here you say that a paid trustee who is responsible for accidents is permitted. Does it not happen that an unpaid trustee agrees to be like a borrower? Rebbi Jeremiah asked: There you say that mortmain belongs to the first, but here you say to the second. Rebbi Yose said, there since the essence belongs to the first, the offspring are counted for the first. But here the essence belongs to the second since the offspring belong to the second.
“One may borrow from them and lend them on interest, and similarly from a sojourner.” Rebbi said, I do not know the definition of “sojourner” quoted in reference to the Hebrew slave. I do not know the definition of “proselyte” quoted in reference to interest.
“A Jew can lend a Gentile’s money on interest by the Gentile’s instruction but not by a Jew’s.” “A Jew had loaned money from a Gentile and wanted to return it when another Jew said to him, give it to me and I shall pay him the same rate as you are paying; this is forbidden. But if he introduced him to the Gentile, it is permitted.” [Rebbi Yose said, only if he let him stand with the Gentile.]
“A Gentile had borrowed money from a Jew and wanted to return it when another Jew said to him, give it to me and I shall pay him the same rate as you are paying; this is permitted. But if he introduced him to the Gentile, it is forbidden.” Rebbi Yose said, only if he let him stand with the Gentile.
“A Jew had borrowed money from a Gentile or a Gentile from a Jew when he converted. Whether the loan was finalized before or after his conversion, he can collect the principal but not the interest. But if a Gentile had borrowed money from a Jew and converted, if the loan was finalized before he converted, he can collect principal and interest; after he converted, he can collect principal but not interest. Bar Qappara said, he can collect both principal and interest.” Rebbi Jacob bar Aḥa said, Bar Qappara’s reason is that if you exempt him from interest he is turned into an insincere proselyte.
“A person may borrow from his sons or daughters on interest, but he educates them for interest.” Rav said, e. g., I from Rabba bar bar Ḥana or Rabba bar bar Ḥana from me. “A person may not borrow for a šeqel and lend out for a tetradrachma; but a Gentile may borrow for a šeqel and lend out for a tetradrachma.”
A Jew may borrow from a Gentile, and a Gentile from a Jew, and a Jew can become his guarantor without any worries about interest. If a Jew appointed a Gentile as guardian or steward, it is permitted to borrow from him on interest. But if a Gentile appointed a Jew as guardian or steward, it is prohibited to borrow from him on interest. It is forbidden to borrow on interest a Gentile’s money deposited with a Jew; it is permitted to borrow on interest a Jew’s money deposited with a Gentile. This is the principle: Anything which the Jew has to warrant is forbidden, what the Gentile has to warrant is permitted.
Mishnah
6 One does not contract for produce until a rate was established. If he was the first to harvest, he may contract for the stack of sheaves, or the vat of grapes, or the barrel of olives, or for potter’s clay and lime when it was loaded in his oven. One may contract for manure the entire year; Rebbi Yose says, one may not contract for manure unless he has manure on his dungheap, but the Sages permit it. One contracts for wholesale price; Rebbi Jehudah says, even if one did not contract for wholesale price he may say to him, give me some like that or return my money. A person may lend to his sharecroppers wheat for wheat as seed grain but not as food; but Rebban Gamliel lent his sharecroppers wheat grain; if at high price and the rate went down or at low price and the rate went up, he took from them at the low rate, not because this is practice but because he wanted to be strict with himself.
Halakhah
“One does not contract for produce,” etc. May one contract based on Saracens’ rates? Rebbi Joḥanan says, one may contract; Rebbi Simeon ben Laqish said, one may not contract. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: Would it not be reasonable that Rebbi Simeon ben Laqish agree with Rebbi Joḥanan about rates of Saracens of Sepphoris, since that is uninterrupted? Rebbi Abun bar Cahana said, I am wondering about what the rabbis disagree? Whether contracting for produce, or contracting for money, or a loan on produce? Rebbi Jeremiah said, they disagree about a loan, but about (a hostelry) [a contract] everybody agrees that it is forbidden. Rebbi Yose said, they disagree about a contract, but about a loan everybody agrees that it is permitted. In the House of Rebbi Yannai they said, one contracts for cattle feed. Rebbi Yose ben Ḥanina said, also on honeycombs. Rebbi Joḥanan said, in all villages near Tiberias one contracts once the rate was established at Tiberias.
“If he was the first to harvest, he may contract for the stack of sheaves,” etc. Rav said, if one processing stage was missing, one may contract; if several processing stages were missing, one may not contract. Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, even if several processing stages were missing, one may contract. But the Mishnah disagrees with Rav: “If he was the first to harvest,” etc.
Abba bar Zamina gave a denar to the food merchant and took from him at the cheapest rate of the entire year. Rav did not agree. Rebbi Ḥiyya the Elder had flax. The donkey drivers wanted to buy from him. He told them, it is not my intention to sell this before Purim. They said to him, sell it to us now at the price which you would sell it for at Purim. He went to ask Rebbi, who told him, it is forbidden. He went out, formulated this in a baraita, and stated the following: “If one was owing money and the other wanted to take from him on the threshing floor, when he told him, credit it to my account by the market rate and I shall provide you all twelve months; this is forbidden for it is not as if the assarion came to his hand.” Rav said, my uncle Rebbi Ḥiyya will agree that if they paid him and he immediately acquired, then it is permitted. If he paid beforehand and acquired afterwards, it is permitted; if he acquired earlier and paid afterwards, it is forbidden.
Rebbi Eleazar invested a denar with a person and told him, what it earns between now and Ḥanukkah is mine [and yours], afterwards I do not have any part with you, whether they earn or lose it is yours. He wanted to give to him after Ḥanukkah but he did not accept. Rebbi Eleazar had misgivings because of “close to gain and far from loss,” as it was stated: “Close to gain and far from loss is the way of the wicked. Close to loss and far from gain is the way of the just. Close and far equally to both is the way of everybody.” Rebbi Isaac invested denars with a person. He wanted to stipulate as did Rebbi Eleazar but the other did not accept. Cahana invested 40 denars with a person to buy flax for him. Flax went up in price. He went to ask Rav, who told him to go and collect 40 large kor.
Rebbi wanted to permit the ocean’s absorption but Rebbi Ismael ben Rebbi Yose did not admit it; some say that Rebbi Ismael ben Rebbi Yose wanted to permit but Rebbi did not admit it. What is the ocean’s absorption? A person gave 100 denars to another. [He tells him, my yield is 20 denars. If it is less, it is on your account, if it is more, it is for your account. If it is lost, it is of both. Rebbi Ḥuna said,] for instance those who give merchandise to those who depart overseas to the stadia for two or three xestes. That is not interest but property.
Rebbi Yose and Rebbi Eleazar ben Azariah said the same thing, as we have stated there: “If he had little, he may continuously add to it, but Rebbi Eleazar ben Azariah says only if he raises or lowers it by three [hand-breadths] or puts it on a rock.”
Mishnah
7 A person may not say to another, lend me a kor of wheat and I shall return it to you from the threshing-floor, but he may tell him, lend me until my son comes or until I find the key, but Hillel forbids. Similarly, Hillel said that a woman may not lend a loaf to another unless she fixed its price, for possibly wheat may rise in price and they would be entangled in problems of interest.
Halakhah
“A person may not say to another,” etc. It was stated: “A person may not say to another, lend me a kor of wheat and I shall return it to you from the threshing-floor,” therefore for two or three weeks it is permitted; “but Hillel forbids.” Samuel said, practice follows Hillel.
Mishnah
8 A man may say to another, weed with me and I shall be weeding with you, hoe with me and I shall be hoeing with you, but he shall not tell him, weed with me and I shall be hoeing with you, hoe with me and I shall be weeding with you. All the dry season is one, all the wet season is not; one may not say to him, plough with me in the dry season and I shall be ploughing with you in the wet season. Rabban Gamliel says, there exists predated and postdated interest. How is this? If one indended to borrow from him and sent him [a gift] saying, so you should lend me; that is predated interest. If one had borrowed and returned the money when he sent him [a gift] saying, that is for your money which was not earning for you while it was with me; that is postdated interest. Rebbi Simeon says, there exists verbal interest. One should not say to him, you should know that X came from place Y. The following transgress prohibitions: The creditor, and the debtor, and the guarantor, and the witnesses; the Sages say, also the scribe. They transgress “do not give,” and “do not take from him,” and “do not be a creditor,” and “do not burden him with interest,” and “before a blind man do not put an obstacle; and fear your God, I am the Eternal.”
Halakhah
“The following transgress prohibitions,” etc. “Rebbi Yose said, come and see how blind are the eyes of people who lend on interest. If a person calls another one idolator, or adulterer, or murderer, the other will want to destroy him. But this one pays witnesses and a scribe and tells them, come and testify that I negated the roots [of Judaism]. Rebbi Simeon ben Eleazar said, they negate much more than the roots, for they declare the Torah false and Moses an idiot and say, if Moses had known how much we are earning, he would not have written it. Rebbi Aqiba says, interest is difficult since even a favor can be interest. If one told him to buy vegetables on the market for him, even though he gave him the money, this is interest. Rebbi Simeon said, interest is difficult since even greeting can be interest. If he never greeted him but because he took a loan from him he is quick to greet him, this is interest. In this sense, Rebbi Simeon ben Eleazar used to say, about a person who has money and does not lend it on interest the verse says: ‘his money he did not lend on interest,’ etc. Rebbi Samuel bar Immi said, we would not know what this tottering was if Salomon had not come and explained: ‘to save those taken to death.’”
Mishnah
1 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.
“When was this said? Before they started. But if he accepted to harvest a field for two tetradrachmas, harvested half and left half uncut, a garment to weave for two tetradrachmas, wove half and left half unwoven, one estimates for him. How does one estimate what he did? If what he did was worth six denar, he gives him a sela‘ or he has to finish his work. If it was worth a tetradrachma he gives him a tetradrachma; Rebbi Dosa says, one estimates what remains to be done. If what remains to be done was worth three denar, he gives him a šeqel or he has to finish his work. If it was a šeqel, he gives him a šeqel.” Rebbi Ze‘ira in the name of Rav Ḥuna, Rebbi Bina, Rebbi Jeremiah in the name of Rav: practice follows Rebbi Dosa.
“When was this said? If nothing is in danger to be lost. But if it is in danger to be lost, he hires others on his account or tricks him and tells him, I contracted with you for one tetradrachma, I shall give you two. He takes from one and gives to the other.” Rebbi Ila said, only up to his wages. So far, only up to his wages for that day, or only up to his wages for that hour? “When was this said? At a place where no workers are ready to be hired. But if one saw that donkey drivers approached, or that he was unloading his ship in a port, he may tell him, go and hire yourself one of these; he only has a complaint on him.”
Mishnah
2 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
3 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.
“If he rented a donkey and it developed eye trouble,” it was stumbling. “Or it was taken to government service.” There are Tannaїm who state, government service is like death; but there are Tannaїm who state, he tells him, here is your property before you. He who stated, government service is like death, if he can find an accomodation; he who says, he tells him, here is your property before you, if he cannot find an accomodation.
“It was stated, Rebbi Simeon ben Eleazar says, if it happened on the road, he does not have to provide him with another donkey; if it did not happen on the road, he has to provide him with another donkey.” Rebbi Abbahu said in the name of Rebbi Yose ben Ḥanina: At a short-cut he does not have to provide him with another donkey; on the king’s highway he has to provide him with another donkey. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: If he hired it from here to Lydda and it was taken into government service from here to Lydda, he does not have to provide him with another donkey; from here to Lydda and it was taken into government service from here to Tyre, he has to provide him with another donkey.
“If it died or broke a limb, he has to provide him with a donkey.” Rebbi Joḥanan said, if [the lessee] requested “a donkey” without specifications. But if he requested “this donkey”, [the lessor] may tell him, you wanted this one, bring it before us. Rav Ḥuna said, he has to deal with it on place. Rebbi Ze‘ira said, if he can get enough from his effort to lease a small donkey, he does not need to provide him with another donkey. Otherwise, he has to provide him with another donkey. Rebbi Ḥuna said, if the cadaver is worth enough to buy a small donkey, he does not need to provide him with another donkey. Otherwise, he has to provide him with another donkey.
Mishnah
4 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”.
“If a caravan was attacked by soldiers one computes according to value but not according to persons. If they sent a scout ahead of them, one computes according to persons. One does not deviate from the usage of caravans.”
“If a ship encounters a calamity and one lightens its load, one computes according to weight and value but not according to persons. But one who rents a carriage or a ship from another person computes according to load and persons but not according to value.”
“If a caravan was attacked by soldiers and one of its members managed to save something from their hand, he saved equally [for all]; but if they gave him permission, he saved for himself. If donkey-drivers were attacked by robbers and one of theirs managed to save something from their hand, he saved equally [for all]; but if he stipulated with them in court, he saved for himself. If toll collectors forgave to partners, they forgave equally [for all]; but if they indicated, we forgave to Mr. X, what they forgave, they forgave him.”
“The repentance of publicans and toll collectors is difficult. They should return to those whom they know; [moneys taken] from people they do not know they should use for the public good.”
Mishnah
5 All artisans are paid trustees, but in any case where he said, take what is yours and bring money, he becomes an unpaid trustee. Watch over what is mine and I shall watch over what is yours, paid trustee. Watch over what is mine, and he said, put it down before you, an unpaid trustee. He who gives a loan on a pledge is a paid trustee; Rebbi Jehudah said, if he lent money, he is an unpaid trustee, if produce, a paid trustee. Abba Shaul said, a person is authorized to rent out a poor person’s pledge to continuously slice off [from the loan] because he is like a person who returns lost property.
Halakhah
“All artisans are paid trustees,” etc. This ἀντίχρησις is interest.
Samuel said, if he said, put it down before me. But if he said, put it down before yourself, he is neither an unapaid nor a paid trustee.
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
6 One who transports an amphora from place to place and it breaks shall swear, whether unpaid or paid trustee. Rebbi Eliezer said, both shall swear, but I am wondering whether any of them be able to swear.
Halakhah
“One who transports an amphora from place to place,” etc. It was stated: Rebbi Nehemiah the potter gave his pots to a person who broke them. He confiscated his coat. He went to Rebbi Yose ben Ḥanina, who told him, go and tell him: “That you should go in the ways of good people.” He went and told him who then returned his coat. He asked him, did he pay your wages? He said, no. He told him, go and tell him: “And to the paths of the just you shall keep.” He went and told him who then paid his wages.
Mishnah
1 One who hires workers and tells them to start early and work late, at a place where it is not customary to start early or work late cannot force them to do so. At a place where it is customary to feed them, he has to feed them; to supply a snack, he has to supply it, always following local custom. It happened that Rebbi Joḥanan ben Matthew said to his son, go and hire workers for us. He awarded them food, but when he returned to his father, the latter told him, even if you serve them Solomon’s meal in his time you did not fulfill your pledge since they are descendants of Abraham, Isaac, and Jacob. But before they start work go and tell them: On condition that your only claim be for bread and legumes. Rabban Simeon ben Gamliel said, that was unnecessary; one always follows local custom.
Halakhah
“One who hires workers,” etc. Rav Hoshaia said, this means that usage supersedes practice. Rebbi Immi said, everywhere the burden of proof is on the claimant except here.
In Tiberias one does not work early or late. In Bet Ma‘on one works early and late. People from Tiberias who climb up to be hired in Bet Ma‘on are hired on the terms of Bet Maon. People from Bet Ma‘on who descend to Tiberias are hired on the terms of Tiberias. But an employer from Tiberias who climbs up to hire workers in Bet Maon can tell them, you should not think that I could not find workers to hire in Tiberias but came up because I heard that you start early and work late. At a place where there is no common usage, Jehudah ben Buni, Rebbi Immi, Rav Jehudah: It is a stipulation of the court that the early part of morning belong to the workers and the late part of evening to the employer. What is the reason? “You make darkness, there is night; the young lions roar for prey; You give to them, they are collecting; the sun shines, they return; man leaves for his work.” (In the evening) [Fridays] both early rising and late going is at the employer’s expense. How much? That he may fill an amphora of water, fry himself a fish, and light the candle.
In the opinion of Rebbi Joḥanan ben Matthew, a man who goes to another place to preliminarily marry a woman has to stipulate with her and tell her, on condition that you work so and so much and eat for such and such costs.
Mishnah
2 The following eat by Torah law: He who works on produce connected to the ground at the completion of work, or separated from the ground before the completion of work, only things grown from the earth. But the following may not eat: He who works on produce connected to the ground before the completion of work, or separated from the ground after the completion of work, or things not grown from the earth. If he was working with his hand but not with his feet, with his feet but not with his hands, even with his shoulder, he may eat. Rebbi Yose ben Rebbi Jehudah says, only if he works with hands and feet.
Halakhah
“The following eat by Torah law,” etc. Rebbi La said, “if you come into your neighbor’s vineyard.” Could anybody think that he would eat wood or stones? Why does the verse say “grapes”? That he may not skin figs or suck grapes.
“If he was working with his hand but not with his feet.” Rebbi La said, it is written: “If you come into your neighbor’s standing grain,” etc. With his hands, binding. With his feet, he compresses. Even with his shoulder, he carries.
“Rebbi Yose ben Rebbi Jehudah says, only if he works with hands and feet; this excludes him who works with his hands but not with his feet, with his feet but not with his hands.”
“Rebbi Yose ben Rebbi Jehudah says, threshing. Since threshing is special in that it refers to something grown from the earth, this excludes the one who milks, makes cheese with rennet or with mold, which is not something grown from the earth. Since threshing is special in that it refers to something not completely processed; this excludes wine after it was fermented, [olive oil] after it descended into the vat, one who isolates dates or separates dried figs, done after complete processing. Since threshing comes before the obligation of tithes, this excludes him who kneads dough, separates into cakes, or bakes, which comes after it became obligated for tithes.”
Mishnah
3 If one was working on figs he may not eat grapes, on grapes he may not eat figs; but he may restrain himself until he reaches the place of the good ones and eat there. In all cases they only referred to the time of finishing work, but because of returning lost property to its owner they said that workers may eat when they go from row to row, and when they return from the wine press, and a donkey while offloading.
Halakhah
“If one was working on figs,” etc. Rebbi La said, it is written: “If you come into your neighbor’s vineyard, you may eat grapes to satisfy yourself.” What else is there in the vineyard to eat but grapes? To teach you that if he was working on grapes he may not eat figs.
Mishnah
4 A worker may eat zucchini even for a denar’s worth, or dates even for a denar’s worth. Rebbi Eleazar Ḥasma said, a worker may not eat more than his wages and the Sages permit it, but one instructs a man not to be voracious lest he close the door before him. A person may contract for himself, for his adult son or daughter, for his adult male and female slaves, for his wife, because they have understanding. But he may not contract for his underage son or daughter, nor for his underage male and female slaves, nor for his animal, because they have no understanding.
Halakhah
“A worker may eat zucchini even for a denar’s worth,” etc. Rebbi Eleazar ben Antigonos says in the name of Rebbi Eleazar ben Rebbi Yannai, this means that a worker may eat more than his [daily] wages. But some say, Rebbi Joḥanan in the name of Rebbi Yannai: This means that a worker may eat the first or the last bunch of grapes.
Mishnah
5 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
6 Watchmen of produce eat because of local practice but not from the Torah. There are four kinds of keepers: The unpaid trustee and the borrower, the paid keeper and the renter. The unpaid trustee swears about everything, the borrower pays for everything. The paid keeper and the renter swear about the broken, the kidnapped, and the dead but pay for the lost and the stolen.
Halakhah
“Watchmen of produce eat because of local practice,” etc. Rav Huna said, the Mishnah refers to watchmen of produce. But watchmen of vegetable gardens and orchards eat by Torah law. Samuel said, the Mishnah refers to watchmen of vegetable gardens and orchards. But watchmen of produce eat neither by Torah law nor by local practice. Rebbi Ḥiyya stated in support of Rav Huna: “The Cohen shall be impure until evening,” to include watchmen, that they make their garments impure.
Mishnah
7 One wolf is not an unavoidable accident, two wolves are. Rebbi Jehudah says, in times when wolves appear in packs, even a single wolf is an unavoidable accident. Two dogs are not an unavoidable accident. Yaddua the Babylonian says in the name of Rebbi Meїr: From the same direction it is not an unavoidable accident; from two different directions it is an unavoidable accident Robbers are an unavoidable accident. A lion, and a bear, and a leopard, and a panther, and a snake are unavoidable accidents. When? If they came by themselves. But if he led [the flock] to a place of troops of wild animals or robbers, these are not unavoidable accidents. If [an animal] dies a natural death it is an unavoidable accident. If he tortured it and it died, it is not an unavoidable accident. If it climbed to the top of a cliff and fell, it is an unavoidable accident. If he led it onto the top of a cliff and it fell, it is not an unavoidable accident. The unpaid keeper may stipulate that he be free from swearing, the borrower that he not be liable to pay, the paid keeper and the renter that they not be liable to swear or to pay. The stipulation of anybody who stipulates against what is written in the Torah is invalid. Any stipulation which follows a prior action is invalid. But any stipulation which it is possible to fulfill at the end and he stipulated it at the start is valid.
Halakhah
“One wolf is not an unavoidable accident,” etc. “The stipulation of anybody who stipulates against what is written in the Torah,” etc. It was stated: “The stipulation of anybody who stipulates against what is written in the Torah, monetary stipulations are valid, nonmonetary stipulations are invalid.” How is this? If one said to a woman: be preliminarily married to me on condition that you have no claim on me for sustenance, clothing, and marital relations, she is preliminarily married [and his stipulation is valid. “On condition] that it I die you shall not be obligated for levirate marriage, she is preliminarily married but his stipulation is invalid.”
“This is the principle enunciated by Rebbi Jehudah ben Tema: Anything which is impossible to keep but he stipulated for her only to put her off. Whether we put it in writing or said it orally, everything valid orally is valid when written”. “And Kefar Othnay belongs to Galilee, Antipatris to Judea; the places in between are interpreted stringently.”
Mishnah
1 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.
“But if he borrowed the cow and afterwards asked or paid its owner [to work with him] and it died he is liable.” Rebbi La said, from the meaning of what is said, “if its owner was not with it, certainly he shall pay,” would I not have known that if its owner was not with it, certainly he shall pay? Why does the verse say, “if its owner was with it he does not pay”? But since he borrowed the cow and did ask its owner at the same time, even if the latter was ploughing at another place when it died, he is not liable.
Mishnah
2 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
3 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.
Halakhah
It was stated: ‘Lend me your cow for ten days and you shall be lent to me the first five days.’ If it died, was it subject to the first days’ servitude? It died subject to the later days’ servitude. ‘Lend me your cow for ten days and you shall be lent to me the first of these.’ If it died during the later days, was it subject to the first days’ servitude? it died subject to the later days’ servitude. ‘Lend me your cow after ten days.’ The other one said, ‘take it now.’ If it died, was it subject to the first days’ servitude? It died subject to the later days’ servitude.
Lend me your cow and I shall respond to your request; lend me your cow and come work with me; lend me your axe and come weed with me; lend me your plate and come eat with me. If he borrowed it from the superintendent of cisterns, the steward, or the administrator and it died, it is as if the owners were with it.
Mishnah
4 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
5 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?
Rav Huna said, if it swept them away in their earth. Rebbi Yose ben Ḥanina said, the years of ‘orlah are their dispute.
Mishnah
6 He who rents a dwelling to another person cannot remove him from there during the rainy season, from Tabernacles to Passover, but in the dry season on thirty days’ notice. But in walled cities, whether in the dry or the rainy season, on twelve months’ notice. For a store, whether in a walled city or in a village, twelve months. Rabban Simeon ben Gamliel said, a baker’s or dyer’s store, three years.
Halakhah
“He who leases a dwelling to another person,” etc. It was stated: “Anywhere they mention 30 days or twelve months it does not mean that one has to dwell there 30 days or twelve months but notice must be given before 30 days or twelve months. An oil press, the entire period it is in use. A wine press, the entire period it is in use. A potter’s atelier no less than twelve months. Rebbi Yose said, when has this been said? For those who work with black earth. But one who works with white earth collects his stock and leaves.”
Mishnah
7 He who leases a dwelling to another person: the lessee must provide the door, the key-bolt and the door handle and everything that requires expert installation. But anything that does not require experts, the lessor does it. Manure belongs to the lessee; the lessor only has what comes from the oven and the cooking stove.
Halakhah
“He who leases a dwelling to another person,” etc. Rebbi Isaac ben Ḥaqula instructed that a mezuzah requires expert installation.
Mishnah
8 He who leases a dwelling to another person by the year, if the year was intercalated, it was intercalated for the lessor. If he leased by the month, if the year was intercalated it was intercalated for the lessee. It happened in Sepphoris that a person leased a bathhouse from another for twelve gold denars per year, one gold denar per month. The case came before Rabban Simeon ben Gamliel and Rebbi Yose who said, they should split the intercalated month.
Halakhah
“He who leases a dwelling to another person,” etc. Why? If he came to claim at the end of the month, can he collect everything? And if he came to him at the beginning of the month, he can tell him, get out. Samuel says, the Mishnah is so: If he came to claim in the middle of the month. Rav said, a rule to collect. Rebbi La said, this clearly does not follow the rule of Ben Nannas who said, the later language supersedes the earlier one.
Mishnah
9 He who leases a dwelling to another person and it collapsed has to provide him with a dwelling. If it was small he may not make it large, large he may not make it small. One room he shall not make into two, two he may not make into one. He may not reduce the number of windows nor add to them except with the agreement of both parties.
Halakhah
“He who leases a dwelling to another person,” etc. Rebbi Simeon ben Laqish said, if he puts him into it. Rebbi Joḥanan said, if he told him, a dwelling like this I shall lease to you. But if a person leasing a house wants to sell it? Rebbi Immi said, nobody thinks that this one should die of hunger. Rebbi Ze‘ira and Rebbi Hila both say, while certainly it is acquired by him, he has to tell him, let him dwell there until the time of his recall. There came a case before Rebbi Nisi and he did not accept this. Does he disagree? They said, his daughter was given as a pledge to a Roman [and he did not have the wherewhithal to redeem her and Rebbi Assi instructed to sell;] therefore he instructed following Rebbi Immi.
Mishnah
1 One who contracts with another for a field, at a place where one usually cuts, he has to cut, to uproot, he has to uproot, to plough after harvest, he has to plough, everything according to local usage. Just as they divide the grain, so they divide straw and chaff. Just as they divide the wine, so they divide the vine tendrils and the props; they both provide the props together.
Halakhah
“One who contracts with another for a field” etc. If he uprooted at a place where one usually cuts, he may tell him: “you make it sterile.” Where one uproots and he cuts, one tells him, go out and make it clean.
It was stated: “One who contracts with another for a field has to harvest, bind into sheaves, thresh, winnow, and grade. The digger, the measurer, the steward, the town watchmen, and the administrator take their wages from the community. The builder of furnaces, the maker of seals, and the scribe, if hired by the tenant they take from the tenant; if hired by the landlord they take from the landlord. One does not change local usage.”
Mishnah
2 One who contracts with another for a field, if it is an irrigated field or an orchard and the source dried up or the orchard was cut down, he may not deduct from his leasing fee. If he said, this irrigated field or this orchard shall be leased to me and the source dried up or the orchard was cut down, he may deduct from his leasing fee.
Halakhah
“One who contracts with another for a field,” etc. Rebbi Isaac said, if the well dried up completely. But if it was two storeys deep and now it is three storeys deep, one may tell him: exert yourself and it will be sufficient.
“The orchard was cut down.” Rebbi Isaac said, if the entire orchard was cut down. But if there remained ten trees standing per bet se’ah he may tell him: At the beginning they were sickly and were not bearing much. But now they are sparse and will be productive.
Mishnah
3 One contracts with another for a field; if after he received it he lets it lie fallow one estimates how much it could yield and gives to him, for so he writes to him: If I let it lie fallow or do not work it, I shall pay as if well-worked.
Halakhah
“One who contracts with another for a field,” etc. Rebbi Isaac said, this implies that if one lets another’s money lie idle, the other only has a complaint against him. If one lets another’s field lie idly, he has to compensate him adequately. If one lets another’s ship or store lie idly, what is the rule?
Mishnah
4 One who contracts with another for a field, did not want to weed, and told him, what do you care since I am paying you rent? One does not listen to him since he may tell him, tomorrow you leave it and I’ll have it overgrown with grasses. One who contracts with another for a field and it did not produce. If it is enough to make a pile, he has to work on it. Rebbi Jehudah said, what is the definition of a pile? But if it is enough for spreading.
Halakhah
“One who contracts with another for a field,” etc. “One who contracts with another for a field,” etc. How much is “enough to make a pile”? Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: that the winnowing shovel can stand upright in it. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: only that its handle be on top. Rebbi Joshua ben Levi said: in addition to his expenses. Rebbi Yose ben Ḥanina said: in addition to the expenses of both of them. Rebbi Abbahu said: “for spreading”, to recover the seed grain which was spread on it.
Mishnah
5 One who contracts with another for a field, but it was eaten by locusts or scorched. If it was a countrywide calamity, he reduces his leasing fee; if it was not a countrywide calamity, he does not reduce his leasing fee. Rebbi Jehudah says, if he contracted for a sum of money in no case does he deduct from the leasing fee.
Halakhah
“One who contracts with another for a field,” etc. Rav Huna said, if the entire area in that direction was scorched. Simeon bar Abba in the name of Rebbi Joḥanan. But only if it was sown. [But if he did not sow], the other can tell him, if you had sown it would have produced a lot. Think of it, if there were other fields [which were not hit]? He may tell him, the Holy One, praise to Him, is forbearing with the evildoers. If there were other fields which were damaged? He may tell him, so far I was liable in the case; from now on I am no longer liable.
Mishnah
6 One who contracts with another for a field, for ten kor of wheat per year. If it was damaged, he delivers from it. If the wheat turned out to be of high quality, he may not tell him: I am buying wheat in the market, but he delivers from the yield.
Halakhah
“One who contracts with another for a field,” etc. It was stated: “One who contracts with another for a field tithes and delivers to him, the words of Rebbi Meïr. But the Sages say, both for the same kind and for the same field he lifts heave and delivers to him. But from another field or another kind he tithes and delivers to him. Rebbi Meïr says, only for the same kind and for the same field he lifts heave and delivers to him. But from another field or another kind he does (not) tithe and deliver to him.”
Mishnah
7 One who contracts with another for a field to sow barley shall not sow wheat; for wheat he may sow barley. Rabban Simeon ben Gamliel prohibits. For legumes he may not sow grain; for grain he may sow legumes. Rabban Simeon ben Gamliel prohibits.
Halakhah
“One who contracts with another for a field,” etc. One understands that for barley he may not sow wheat; for wheat, may he not sow barley? It follows Rebbi La or is the opinion of everybody at a place where the yield of barley is not twice that of wheat. But at a place where barley produces twice as much as wheat he may sow barley.
Mishnah
8 One who contracts with another for a field for a few years may not sow flax and does not have sycamore logs. If he contracted for seven years, he may sow flax and does have sycamore logs.
Halakhah
“One who contracts with another for a field,” etc. One understands that for wheat he may not sow flax. For flax may he not sow wheat? Flax damages the soil for three years and you say so? Rebbi Menaḥem, the brother of Rebbi Gorion, explained before Rebbi La: It is better to sow flax after flax but not barley after barley.
Mishnah
9 If one who contracts with another for a field for a Sabbatical cycle at 700 denars, the Sabbatical year is included. If he contracted for seven years at 700 denars, the Sabbatical is not included.
Halakhah
“If one contracts with another for a field,” etc. It was stated: “One contracts with another for a field; he sowed it a first year and it did not grow; one forces him to sow a second year. If the second time it did not grow, one cannot force him to sow a third year.” Rebbi Simeon ben Laqish said, that is, a field which had not been checked out. But if it had been checked out, one can force him to sow a third year.
Mishnah
10 A person hired for the day collects the entire night; a person hired for the night collects the entire day. A person hired for hours collects the entire day and the entire night. A person hired for a week, a month, a year, or a Sabbatical period, if he finishes during daytime, he collects the entire day; if he finishes at nighttime, he collects the entire night and the following day.
Halakhah
“A person hired for the day collects the entire night,” etc. Samuel said, the next morning he is in violation on his behalf because of “ “you must pay his wages on his day”. Rebbi Dosa said, is there one day when you can say that he transgresses on all these counts? If it is to refer to the verses, explain it about a person hired by the hour during day and night who can collect the entire day and the entire night. And it was stated thus: “A person hired by the hour during the day collects the entire day; in the night he collects the entire night. A person hired by the hour during day and night collects the entire night and the entire day.”
Mishnah
11 Wages of a human, as well as wages for an animal, as well as wages for implements are subsumed under “you must pay his wages on his day” and “one may not withhold a hireling’s wages until the morning”. When? If he claimed it. If he did not claim it, one does not transgress. If one gave him a draft on a storekeeper or a banker, he does not transgress. In his time the hireling swears and takes; after his time he does not swear and take. But if there are witnesses that he did claim, he swears and takes. The resident proselyte is protected by “you must pay his wages on his day” but not by “one may not withhold a hireling’s wages until the morning”.
Halakhah
“Wages of a human,” etc. It is written: “Do not oppress the poor and needy of your brothers,” this refers to Israel. “Your proselytes,” this refers to the just proselytes. “In your land,” to add animals and slaves. “In your gates,” to add movables.
It was stated: I could think that if one gave him a draft on a storekeeper or a banker, he would transgress about him. He does not transgress about him but they transgress about him. When? If he claimed it. If he did not claim it, one does not transgress.
“In his time the hireling swears and takes.” Rebbi Simeon ben Laqish said, if he said: I paid. But if he said, I shall pay tomorrow: if then he said, I paid, he cannot be believed. Rebbi Yose ben Ḥanina said, even the next day, if he said, I paid, he is believed.
“The resident proselyte is protected by ‘you must pay his wages on his day’ ”, etc. It is written: “Do not oppress your neighbor,” excluding the resident proselyte.
Mishnah
12 A person who lends to another may take a pledge from him only in court. He may not enter his house to take his pledge, as it is said: “You have to stand outside.” If he had two vessels, he takes one and returns one. He returns the pillow for the night and the plough for the day. If he dies, he does not return it to his heirs. Rabban Simeon ben Gamliel says, even to himself he returns it only up to 30 days; after thirty days he sells it in court
Halakhah
It is written about torts that the collection be from the best quality, as it is said: “his best field, etc.” And it is written about a loan that the collection be from average quality, as it is said: “and the man to whom you are creditor, etc.” They inferred real estate from pledges. Similarly, should not pledges be inferred from real estate? Rebbi Simai explained: It is a word of the Torah that the court’s bailiff enter and collect from average quality. For if the creditor enter, he would bring out the best. And if the debtor enter, he would bring out the worst. But the court’s bailiff enters and collects from average quality. Rebbi Ismael stated: It is a word of the Torah that the debtor enter, as it is said: “and the man to whom you are creditor etc.” Rebbi La said, it was stated there: “to seize as pledge”, by the court. Outside the court, from where? The verse says, “if to seize as pledge you seize as pledge.” If he took the pledge without authorization, he transgresses all these verses. Rebbi La said, he caused himself to transgress all these verses.
If he took a pledge and then returned it, by law he can collect from the property mortgaged to him. “But if he returns it, why does he take a pledge? Rebbi explained, for maybe there will be a Sabbatical year and annul [the debt]. Or maybe that one will die and leave the movables in the heir’s hand.”
It was stated: He takes a day garment as pledge during the night and a night garment during the day. He returns a day garment during the day and a night garment during the night. Pillow and bed sheet which are used as cover during the night he may take as pledge during the day and return for the night. An axe and a plough which usually are used for work during the day he may take as pledge during the night and return for the day. Rebbi La said: Sometimes one explains the verse “the sun shall not come onto it,” as “the sun shall not rise upon it”, but sometimes one explains as “the sun shall not set upon it” since it is written “returning you shall return the pledge to him when the sun comes,” at sunrise, “until the going of the sun return it to him,” until sundown.
Mishnah
13 One may not take a pledge from a widow, whether poor or rich, since it was said: “And do not take a widow’s garment for a pledge.” One who takes a flour mill as pledge transgresses a prohibition and is guilty for two vessels, as it was said: “Do not take upper and lower millstones as pledge.” They said, not only upper and lower millstones but everything used to make food, as it was said: “For he takes a living person for a pledge.”
Halakhah
“One may not take a pledge from a widow, whether poor or rich,” etc. It was stated: “One may not take a pledge from a widow, whether poor or rich, since it was said: ‘And do not take a widow’s garment for a pledge’, whether poor or rich, the words of Rebbi Meїr. Rebbi Jehudah says, from a poor one he cannot take any pledge at all, from a rich one he may take a pledge but does not return it since if he came to her he would ruin her reputation.”
One who takes a pair of barber’s scissors transgresses for the two blades separately. If he took only one component, he transgresses for this one [only]. One who takes a yoke of cows transgresses for each one separately. If he took only one, he transgresses for this one only.
Mishnah
1 If the ground floor and the upper floor belonging to two different persons collapse, they divide wood, stones, and dust between themselves. One takes into consideration which stones were at risk to break. If one of them recognized his stones, he takes them, and they are debited to his account.
Halakhah
“If the ground floor and the upper floor belonging to two different persons collapse,” etc. It was stated: If they were blackened like an oven, the upper ones were apt to break. If they fell to the outside, the lower ones were apt to break.
“If one of them recognized his stones, he takes them, and they are debited to his account.” Rebbi Hoshaia said, this means that the hand rules on one side. There, we have stated: “A hundred ṭevel in a hundred profane, he removes 101. A hundred ṭevel in a hundred tithe, he removes 101.” Rebbi Yose said, if you say that he takes 100, I would say that only profane came to his hand and the other remains ṭevel. So he takes 101 in order to separate heave and heave of the tithe from the ṭevel.
Those bearing columns. Rebbi Ze‘ira: He tells the bottom dweller, you are obliged to support me. Rebbi La: He tells the dweller in the upper floor, the builders say that both have to build the foundations. The following supports the builders: “If his ruined building was close to the wall of his neighbor’s courtyard, he should not tell him: I am contributing to the foundations of your wall where it comes up, but he has to contribute to the foundations from the bottom and up. If it was built on top of ditches or caves, he is not obligated for anything.” Rebbi Yose ben Rebbi Abun said, explain it, for example those inhabitants of Bet Shean where the bottom dweller cannot build unless the builder of the upper floor builds.
Mishnah
2 The ground floor and the upper floor belong to two different persons; if the upper floor sprang a leak and the owner of the ground floor does not want to fix it, the owner of the upper floor descends and dwells below until he fixes the upper floor for him. Rebbi Yose says, the lower one gives the roofing and the upper one the roof covering.
Halakhah
“The ground floor and the upper floor belong to two different persons,” etc. It was stated: “If it sprang a leak above the oven, he descends. If it sprang a leak above the fireplace, he descends.” But he may tell him, make yourself a ladder so you do not have to ascend and descend through my dwelling.
“Rebbi Yose says, the lower one contributes the roofing and the upper one the roof covering,” etc. Rebbi Justus in the name of Rebbi Simeon ben Laqish:: The bottom dweller contributes the logs and the planks; the dweller on the upper floor contributes the roof covering. Which kind of roof covering? Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar: heavy roof covering. Rebbi Abbahu in the name of Rebbi Eleazar: medium roof covering, since they only spoke about rinsing cups. But if he wanted to wash clothing, also Rebbi Abbahu in the name of Rebbi Eleazar will agree that the roof covering has to be heavy. Rebbi Ḥanina instructed those of Sepphoris that both of them should contribute the logs and the plates since they expect to bring up there their wine and their produce.
Mishnah
3 If the ground floor and the upper floor belonging to two different persons collapse, and the owner of the upper floor suggests to the owner of the ground floor to rebuild but himself refuses to build, then the owner of the upper floor rebuilds the ground floor and dwells in it until he pays his expenses. Rebbi Jehudah says, but he who dwells in another person’s [place] would have to pay him rent; so the owner of the (ground) floor builds ground and upper floors and makes the roof over the upper floor but dwells on the ground floor until he pays his expenses.
Halakhah
“If the ground floor and the upper floor,” etc. But if the owner of the ground floor wants to build and the owner of the upper floor does not, may he tell him: seal it? Let us hear from the following: “If his collapsed building was next to another’s collapsed building, and he rebuilt without permission, he computes his actual expenses and he has to pay him all his expenses.” This implies that he cannot tell him, seal it on the side. Just as he cannot tell him, seal it on the side, so he cannot tell him, seal it on top.
Mishnah
4 And so an olive press built into a rock with a vegetable garden on its top: If it caved in, the garden’s owner may sow on the bottom until he build cupolas on his olive press. If a wall or a tree fell into the public domain and caused damage, he is not liable to pay. If he was given an order to tear down the wall or cut down the tree; within the term he is not liable, after the term he is liable.
Halakhah
“And so an olive press,” until “if a wall or a tree,” etc. Rebbi Eleazar said: It happened that a vine was growing on another person’s peach tree, and the peach tree withered. The case came before the great Rebbi Ḥiyya who told him, go and provide him with a peach tree. Rebbi Joḥanan told him: Is this not a Mishnah? “And so an olive press built into a rock and another’s vegetable garden is on its top”? Do we not understand that one does not force? But Rebbi Ḥiyya stated that one forces! We may say that they did not disagree. He who says that one forces, if he is there. But he who says that one does not force, if he is absent.
“If he was given an order to cut down.” What is the time limit? Rebbi Hoshaia said, 30 days.
Mishnah
5 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.”
Mishnah
6 Two vegetable gardens, one on top of the other and vegetables growing between them. Rebbi Meїr says, it is the upper’s. Rebbi Jehudah says, it is the lower’s. Said Rebbi Meїr: If the upper’s owner wanted to remove his earth, there would be no vegetables. Said Rebbi Jehudah: If the lower’s wanted to fill up his vegetable garden with earth, there would be no vegetables. Said Rebbi Meїr: Since both of them may object to one another one looks from where these vegetables grow. Rebbi Simeon says, any which the upper’s may take by stretching out his hand are his; the remainder is the lower’s.
Halakhah
“Two vegetable gardens,” etc. What shall one do? Ephraim in the name of Rebbi Simeon ben Laqish said, they shall split. In the House of Rebbi Yannai they say, up to ten handbreadths. Rebbi Joḥanan said in the name of Rebbi Yannai: Only he shall not force himself.
A wall between two partitions which was breached. Rav and Samuel, one said, half belongs to one party, the other half to the other party. The other said, both own it entirely. What is the difference between them? If one found a find. For him who said that half belongs to one party, the other half to the other party, if it was on one side it belongs to this party, one the other side it belongs to the other party. For him who said that both own it entirely, the finder acquired it.
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