Babylonian Talmud

Rodkinson 1918 — source 11, scan section 28

his Jewish man or maid servant, or his wife. When one has found a note which secures real estate. If Reuben sold a field to Simeon with security, and the creditor of Reuben came and took it away. Encumbered property is not liable either for the used fruits, etc., for the benefit of humanity. How a bill of sale must be written. If one buys an estate, knowing that the seller is not the real owner of it. If the robber after he has sold it bought it from the real owner. If one says that the estate which I am about buy now shall be transferred to you at the same time that I acquire title to it. When I wag about six or seven years old, my father was among the scribes of Mar Samuel's court. If one claims a hundred zuz, and the other denies ; after- wards he says, I have paid it. If one finds documents of divorce, of enfran- vi SYNOPSIS OF SUBJECTS. chisement of a slave, of presents, etc. What is to be considered a will ? documents signed by the court, documents of a claim, etc. What is meant by claiming documents ? What is called a roll ? When three borrowed from one, etc., 17-43 CHAPTER II. MiSHNAS /. TO y/. There are found articles which belong to the finder without any proclamation. If there is a change in the found article which usually ought not to be. The renouncing of hope in regaining a lost article whose loss is not yet certain. Amaimar, Mar Zutra, and R. Ashi hap- pened to be in the garden of Mari bar Issak, and the gardener placed before them dates and pomegranates. The rule concerning a lost article is this. Whether a number is considered a distinguishing mark or not ? The reason why the sages decided that the place is not to be considered a mark. If one finds a purse in the market, how is the law ? The following articles he must proclaim. Three coins one upon the other, etc. (See foot-note, p. 55.) If one found, under a wooden wall, pigeons tied one to the other. If he found a covered vessel. If one found anything in a heap of rubbish. If one has seen money dropped on sand, and afterwards found and took it. If one found something in a store. If one found money in fruit sent to him, . 44-59 MiSHNAS VJ. TO XIII. The returning according to marks given is bib- lically or rabbinically ? Until what time is he obliged to proclaim } R. Ami happened to find a purse with dinars in the presence of a Roman. If one identifies the article but not its marks. If the found article is of such a kind that it labors for its food. And if of such a kind that it does not labor. If one found books. If the article was a garment. Vessels of silver and copper. It is better to drink a goblet from the hand of a witch than to drink a. goblet of lukewarm water. R. Ismael b. Jose was on the road, and met a man carrying a bundle of wood. What is to be considered a lost thing? If he returned it and it runs away again. What is to be deduced from the twofold expressions in many passages written in the Scripture ? The loss of time must be appraised according to one's loss in his special trade. If he has found the animal in a stable, in a public thoroughfare. The com- mandment of the Scripture is for unloading, but not loading. How is this to be understood ? If one lost a thing, as did his father before, etc. If his father and his master were overloaded. They who occupy themselves with the study of Scripture are not to be blamed, etc. See foot-note, p. 79. 59-80 CHAPTER III. MiSHNAS /. TO 7V. A deposit stolen or lost, paid by the depository, of which thereafter the thief was found, to whom shall the double amount be paid ? A gratuitous bailee, when he said, I have neglected my duty, etc. There was lost a deposited nose-jewel, and R. Na'hman made him pay by force. Finally the article was found, and was increased in value, etc. If an article was appraised for the sake of a creditor, and the latter appraised SYNOPSIS OF SUBJECTS. vii ft for his own creditor, may the returning take place or not ? From what time may the creditor use the products of an appraised estate ? If one has hired a cow and he loaned it to some one else. It can happen that the hirer has a right to require several cows from the owner of one cow. How so ? A bailee who has transferred the bailment to another bailee, how is the law ? The Halakha prevails, that a bailee who has transferred the bailment to another bailee of any kind is responsible. If doubtful money is to be col- lected or not (illustrated in Mishna III.) ? Do you want to contradict a case of deposit with a case of robbery ? A robber must be punished. If there was an uncertainty of both the plaintiff and the 'defendant, how is the law.? If one deposits fruit at his neighbor's ? If one becomes a prisoner, may his property be transferred to his nearest relatives or not? The difference between forsaken, abandoned, and a prisoner's properties. The estate of a prisoner must not be transferred to a minor relative, and not the estate of a minor to any relative. There was an old woman who had three daughters; together with one of them she was taken to prison, and of the remaining two one died and left a child. A brother of Mari b. Isk came to him and demanded a share of the inheritance, and he said, I do not know you, 81-97 MiSHNAS V. TO X/. The quantity of usual losses one may count to de- posited articles of grain and fruit ? Losses of wine and oil depend upon the kind of barrels in which placed. If a barrel is deposited for safe-keeping, and the depository handled it, and it broke while yet under his hand. Peculiar is the stretching of hands which reads in regard to a bailee for hire, in con- nection from the same expression in the Scripture which reads in regard to a gratuitous bailee. If one has deposited money for safe-keeping, and the depository tied it and carried it on his shoulder, etc. Nothing is considered safety with money, unless it is hidden in the ground. It happened that one deposited money with his neighbor, and he gave it to his mother for safe- keeping, and it was stolen. Money deposited for safe-keeping with a money- changer. A depository who stretches his hand for the bailment. If one intends to use a bailment deposited in his control and says so, the liability follows immediately, 97-109 CHAPTER IV. MiSHNAS /. TO V. If one bought gold and silver coins together and made a drawing on the gold ones, title is also given to the silver ones, but not vic£ versa. Rabh borrowed dinars from the daughter of R. Hyya ; thereafter the dinars increased in value. One holds that the law of exchange applies to a coin also, and another holds that it does not. If one were holding some coins in his hands and said : Sell me your articles for the money I have in my hand, and the other agrees. If one said : Sell me for this amount,