Babylonian Talmud

Rodkinson 1918 — source 20, scan section 65

khukhith (the forerunning goat kept at the head of the flock as a leader). If he covered the pit sufRciently to withstand oxen but not camels, and camels came along and made the cover shaky and then oxen fell therein, what is the law ? What about the germon of damage ? About one who places a stone on the edge of the opening of a pit, and an ox stumbles over the stone and falls into the pit. About an ox and a man who together push some other into a pit. There is no difference between an ox and another animal as regards falling into a pit, to have been kept distant from Mount Sinai, payment of double, restitution of lost property, unloading, muzzling, Kilayim, and Sabbath. Nor is there any difference between the above-men- tioned and a beast or bird. Why in the first commandments is it not writ- ten "that it may be well with thee," while in the second commandments it is .? 120-130 / CHAPTER VI. MiSHNAS /. TO ///. If one drive his sheep into a sheep-cot and properly bolt the gate, but still they manage to come out and do damage, he is free. There are four things for which one who does them cannot be held respon- sible before an earthly tribunal, although he will be punished for them by the Divine court. Is armed robbery, when not committed publicly, still considered theft as regards the payment of double ? For frightening away a lion from one's neighbor's field the law awards no compensation. How does it pay what it damaged ? About one who came before the Exilarch and complained of another who destroyed one of his trees. One who de- stroys a young date-tree, what amount of damage must he pay ? There was a case, and Rabh acted in accordance with R. Meir ; but in his lectures, however, he declared that the Halakha prevails in accordance with R. Sim- eon b. Gamaliel (see foot-note). About one who puts up a stack of grain on another's land without permission. One who started a fire through the medium of a deaf-mute, etc., 131-142 MiSHNAs IV. TO VIII. The law about one who starts a fire and it con- sumes wood, stones, or earth. No chastisements come upon the world un- less there are wicked ones in existence. When pestilence is raging in town, stay indoors, etc. Why does the verse begin with the damage by one's property and end with damage done by one's person ? About a fire that passed over a fence four ells high. If one starts a fire on his own premises, how far must it pass to make the starter liable ? About one who causes his neighbor's stack of grain to burn down, and there are vessels therein which also are burned. If one allowed another to place a stack of wheat and he covered it with barley, or vice versa, what is the law ? Is it customary with people to keep pearls in a money-pouch ? The law about a spark that escapes from under a blacksmith's hammer and does damage, . 142-148 xiv SYNOPSIS OF SUBJECTS. CHAPTER VII. MiSHNA /. The payment of double is more rigorous than the payment of four and five fold. The law about one who stole a lamb, and while in his possession it grew into a ram, etc. That a change acquires title is both written and taught. Why did the Scripture say that if he slaughtered and sold it he must pay four and five fold ? A stolen thing, which the owners have not resigned hope to regain, cannot be consecrated, etc. The pious man used to place money in the vineyard on a Sabbatical year, declaring : " All that is plucked and gathered of this fruit shall be redeemed by this money." A writ of replevin which does not contain the following directions : "Inves- tigate, take possession, and retain it for yourself," is invalid, , 149-159 MiSHNAS //. TO VI. About two witnesses who testify that the one stole an ox or a sheep, and either the same or other witnesses testify that he slaughtered or sold the same. If he stole from his father. From what time on is a collusive witness disqualified to give testimony? If two witnesses testify that a certain person blinded his slave's eye, and thereafter knocked out one of his teeth, and they also testify that the owner of the slave admit- ted it, and subsequently the witnesses are found collusive, what must the collusive witnesses pay ? If two witnesses testify that he stole it, and one witness, or he himself, testified that he slaughtered or sold it, he pays only two, but not four and five fold. One who admits that he has incurred the liability of a fine, and thereafter witnesses appear, what is the law ? About a confession which is made after the appearance of witnesses, and the dif- ferent opinions in regard to it. If the thief sells all but one hundredth part of it or he is a co-owner of it, what is the law ? One who steals an animal which is lame or blind, or which belongs to a copartnership is liable, but partners that steal together are free. About one who steals an animal within the premises of the owner and slaughters or sells it outside of it, or vice versa. Why did the Scripture treat more rigorously with the thief than with the robber? Ponder over the greatness of labor, etc., . 159-174 MiSHNA VII. No tender cattle must be raised in Palestine but in its forests. A shepherd (who raises tender cattle) that repented, we do not compel him to sell out all his cattle at once. No tender beasts shall be raised in Palestine, except dogs, cats, and monkeys. R. A'ha b. Papa said in the name of R. Hanina b. Papa three things. Upon ten conditions did Joshua divide the land among the settlers. The ten enactments of Ezra. No swine is permitted to be raised at any place. Rabbi, the Prince of Pales- tine, objected to the use of the Syriac language, and insisted that only the Holy and the Greek languages should be used in Palestine. R. Jose objected to the use of the Aramean language in Babylon, and insisted that the Holy and the Persian languages should be used. No dogs shall be kept unless on a chain. In the towns adjoining the frontier they must be kept on a chain only in the day time, 174-181 CHAPTER VIII. MiSHNAS /. AND //. The four items of damage : pain, healing, loss of time, and disgrace. How so? It happened that an ox lacerated the arm SYNOPSIS OF SUBJECTS. xv of a child, and the case came before Rabha. etc. When the damage is paid for, how should the pain be appraised separately ? Healing. If pus col- lected by reason of the wound, and the wound broke out again, etc. The sages say that healing and loss of time go together. If the defendant should say, "I will cure you myself, the plaintiff may object," etc. Shall we assume that the appraisement for the deafness is sufficient, or each of the injuries must be appraised separately ? (See foot-note.) If one strikes another and makes him temporarily unfit to labor, what is the law ? Disgrace — all those