Babylonian Talmud

Rodkinson 1918 — source 12, scan section 65

ripe dates on an empty stomach, if one wraps himself with a wet f.t£^oiov on the naked body, and if one takes his meal and immediately goes to sleep without walking four ells. A disciple taught in the presence of R. Na'hman : We have to leave for the debtor if he owes to an ordinary creditor. The same essentials which are left by the collector in case of an esti- mation must be left also in case of a common creditor. Said R. Na'hman to him : According to the law all his goods are sold out for the sake of the creditor, as, according to R. Simeon b. Gamaliel, after thirty days even the pillows must be sold out, and you say that here shall be applied the law of esti- mation. But whence do we know that the Halakha prevails in accord- ance with R. Simeon b. Gamaliel ? Perhaps it prevails in ac- TRACT BABA METZIA (MIDDLE GATE). 303 cordance i»'ith the first Tana of our Mishna. The disciple who taught in the presence of R. Na'hman said that so is the law, even in accordance with R. Simeon, and therefore R. Na'h- man's objection. But perhaps even R. Simeon b. Gamaliel means to say that only things which are not absolutely neces- sary are sold, but not that which is. If it were borne in mind that so is the decree of R. Simeon, then all the things would be considered absolutely necessary for him, as Abye said that R. Simeon b. Gamaliel, and R. Simeon, R. Ishmael, and R. Akiba — all of them hold that in this respect all Israel are equal to princes. R. Simeon b. Gamaliel and R. Simeon in Tract Sab- bath (pp. 228, 276), and R. Ishmael and R. Akiba in the fol- lowing Borai^ha: If one owed a thousand zuz and wears a stola worth almost the same price, it is to be removed and replaced by another one according with his dignity; however, it was taught in the name of Ishmael and R. Akiba that all Israel are fit for such a stoJa. But according to that which was borne in mind first, that we sell out only what is not necessary, it is correct with a pillow and a cover that they can be sold out, and cheaper ones bouight. But a plough, to what purpose should it be sold, as all the ploughs are alike ? Said Rabha b. Rabba, i.e., in case his plough was a silver one. R. Haga opposed. Let the creditor say: Is it my duty to support you ? Said Abye to him: Yea, it is so, as it is written [Deut. xxiv. 13]: " And unto the^ shall it be as righteousness before the Lord thy God." The schoolmen propounded a question: If things belonging to a debtor are to be sold out, has the court to consider which should be sold and which left to him, or is all sold out ? Come and hear. Rabbin sent a letter: I have questioned this from all my masters, but there was no reply. The question, however, was as follows: If one vowed a mana for the preparation of a temple, and the treasurer came to collect this money from his property, does he take all that belongs to that man, or are the essentials to be left him ? And to this question R. Jacob in the name of R. Pada and R. Jeremiah in the name of Ilpha said that it must not, because an a fortiori conclusion is to be drawn from a creditor who is obliged to return necessary things. Never- theless, when, selling out, nothing is left, so much the more as in the case of the sanctuary, which has not to return, that noth- ing sho«Id be left. R. Johanan, however, maintains concern- ing estimation [Lev. xxvii.]: It is said, "a particular vow," to 3^4 THE BABYLONIAN TALMUD. V the estimated value, and in case of estimation necessary things are left ; the same is the case with the sanctuar)^ Rabba bar Abuhu met Elijah at a cemetery of idolaters, and questioned him about the law in question in regard to a cred- itor, and he replied :. There is an analogy of the expression "poor" used in both estimation \ibid.y ibid. 8] and creditor [Lev. XXV. 35], from which we infer that the same law is to be applied in both. Rabba then questioned him : Is not your master a priest, a descendant of Aaron ? Why then do you stand on a cemetery ? And he answered : It seems that you have never studied Section Taharot (purifications), in which there is a Boraithr. : R. Simeon b. Johe said graves of idolaters do not defile, as it is written [Ezek. xxxiv. 31]: " And ye, my flock, the flock of my pasture, are men," which signifies that ye are called men, but not idolaters. Rejoined Rabba: My cir- cumstances hardly allow me to study the four necessary sections (Festivals, Damages, Women, and Holiness); should I under- take to study the remaining two, which are not used at the present time ? Elijah then asked, What does he mean ? And he answered: I cannot make my livelihood. He then took him to paradise, and told him to take from the leaves lying on the floor in the garden, and he did so. While going out he heard some one saying: Who else has consumed his share in the world to come as Rabba did ? He then shook his garment, and the leaves fell out. However, his garment retained the smell of them, and he sold it for three thousand dinars, and he donated them to his sons-in-law. The rabbis taught: It is written [Deut. xxiv. 13]: "And if he is a poor man, thou shalt not lie down with his pledge," from which it is to infer that if he was rich he may. How is this to be understood? Said R. Shesheth, i.e., if he is a poor man you must not lie down while his pledge is in your house, but if he is wealthy it does not matter. The rabbis taught: If one lends money to his neighbor, he has no right to pledge him, is not obliged to return, transgresses all the commandments which are in the Scripture concerning (pledging). What does it mean? Saijl Rabha: He must not pledge, and if he did so, he must return in case the pledge be taken thereafter; but if he took the pledge at the time the money was lent, he is not obliged to return ; however, he trans- gresses the above commandments. R. Shizby taught in the presence of Rabba: It is written TRACT BABA METZIA (MIDDLE GATE). 305 [Ex. xxii. 25]: " Thou shalt restore it unto him by the time the sun rises"* — a garment used by day and pledged at night, and [Deut. xxiv. 13]: "Thou shalt punctually deliver him the pledge again, when the sun goeth down," means a garment which is used at night and was pledged in the day- time. R. Johanan said: If the pledge was returned and the bor- rower died, the lender has a right to take it away from his chil- dren. An objection was raised. R. Mair said : Since it was pledged, why then the returning and pledging again ? For the purpose that the sabbatic year should not make it free and it should not be considered personal property of his children in case of death. We see, then, that only in case it was pledged again this law holds good, but not if it is already in the posses-