Babylonian Talmud

Rodkinson 1918 — source 12, scan section 60

under ban until he obliges himself to be responsible for any harm done by this buyer to the preemptor. To a pledged estate the law of preemption does not apply, as R. Ashi declared that he had heard from the elders of the city of Suria that therefore is a pledge called Mashkhantha, because the one to whom it is pledged is a neighbor. (See above.) If one wishes to sell out his estate because it is placed at too great a distance, and to buy one near him, preemption cannot be claimed; and the same is the case if he wishes to sell out the estate near him because it is bad and to buy good ones. (The above-cited verse means to " do right and good " to one as long as he does no harm to another.) If it is sold for taxes or for the support of a widow or for burial, this law does not apply. The N'hardais said that in such cases the estate maybe sold out without any proclamation ; the same is the case if he sold it to a woman, to orphans, or to his partners. If he has neighbors in the city and neighbors in the field which are not considered preemptors, the former have the preference. A scholar has the preference to a neighbor and even to a relative. The school- men questioned : How is it if he was both a neighbor and a rela- tive ? Come and hear what is written [Proverbs, xxvii. 10]: " Better is a near neighbor than a distant brother." 19 290 THE BABYLONIAN TALMUD. If the buyer is about to pay with current money, and the preemptor wishes to pay with money which is of greater value but is not current, he loses his right. If the preemptor sends money sealed (and the owner of the estate fears to open it, as it may not be the full value), and the buyer sends it open, he also loses his right. If the preemptor says: I am going to try to get money, it is not to be taken into consideration ; if, however, he says : I have money, and I am going to bring it, if he is a wealthy man the same may be postponed, but not otherwise. If the lots belong to one and the houses to another, the former has a right to prevent the sale of the latter, but not vice versa. The same is the case if the field belongs to one and the trees thereon to another. If the preemptor wants the lots for sowing, and the buyer wants it for houses, the latter has the preference. If there was a stone or a group of trees separating the two fields, if the pre- emptor can in spite of this make one bed for sowing, attaching the two estates, preemption may be claimed, but not otherwise. If there were four preemptors, one on each side, and one of them hastened and bought it, the sale is valid, but if all four appear at the same time, the estate must be divided diagonally. MISHNA IX. .-If one hires a field for a few years (less than seven) he must not sow flax in it ; and he has also no right to cut branches ofT the sycamore tree for building purposes. If, however, he took it for seven years, he has a right in the first year to sow flax, and also to cut from the above-mentioned branches. GEMARA: Said Abye: He has no right to the branches of the sycamore, but he has a right to the improvement of it. Rabha, however, maintains that he has no right even to this. An objection was raised from the following: When the term of his agreement to this field is at an end, the contents of the field must be appraised. Is it not as, e.g., the improvement of the sycamore ? Nay; it is meant the vegetables and herbs. If so, why then the appraisement ? Let him take it out and go. If it happens before the market-day arrived ? Come and hear. If the sabbatical year arrived, when the term of this field was not yet up, it must be appraised. [Does, then, the sabbatical year abolish the agreement ? Read then the jubilee year; but even then the jubilee year abolishes only sales, but not hirings.] Read then: If the jubilee year arrived while the agreement is not yet up, it must be appraised. Now that the vegetables TRACT BABA METZIA (MIDDLE GATE). 291 should be appraised, does not apply here as in the jubilee year they are ownerless ? You must therefore say that, i.e., the im- provement of the sycamore. Hence it is contrary to the state- ment of Rabha. Abye, in order that this shall not contradict Rabha, explains it thus : A jubilee year is different, as it is writ- ten [Lev. XXV. 33]: " Then shall the house that was sold," etc. The " house " which is sold . . . to be free, which signifies that a sale is to be returned, but not an improvement. Then let this law be inferred as a standard. Nay, there was a right sale, and the jubilee year is a command of the Lord, of which a hired article cannot be inferred. R. Papa hired fields for pasture, and some trees sprouted in them, and when his term ended he demanded the improvement of them. Said R. Shesheth b. R. Idi to him: Would you also demand for the increase in thickness of a tree if there should be one ? And he answered : Then it would be altogether different, as it is not usual to hire a field for this purpose, but I have hired this estate with this intention. (Says the Gemara:) Is this in accordance with Abye, who said above that he has a right to the improvement of the syca- more ? Nay, this may be explained also in accordance with Rabha, as there the hirer suffered no damage from the improve- ment of the sycamore. Here, however, there is damage, as the place where the tree grows he could not use for pasture. Said R. Shesheth to him : Then I have damaged you this little space, here is the value of it and go. And he answered: Nay, I would sow saffron in this place. Rejoined R. Shesheth : With your claim that you would sow saffron, you have made clear your in- tention that you did not wish to improve this estate with plants which should remain forever, but with such as you could take off at will; consequently your claim is for the value of the trees for fuel ; then take this value and go. R. Bibi bar Abye hired a field, and they surrounded this field with an embankment, and some trees grew up from it, and when his term was at an end he asked for this improvement. Said R. Papa to him : Because you are descendants of frail people you speak frail words; even R. Papa demands it (in the above) only because he has had damage, but here, what damage have you had ? R. Joseph had a planter who planted all his trees for half product, and he died and left five sons-in-law, all planters. Said R. Joseph: Hitherto I have had only one to rely upon, 2g2 THE BABYLONIAN TALMUD. and now I have five ; each of them may rely upon the other, and my gardens may be neglected. Therefore he said to them: If you want to take the improvement of this year and resign, it is all right ; if not, I will discharge you without any reward, as