Babylonian Talmud

Rodkinson 1918 — source 13, scan section 1

lii ill iiii^ ii iliiii tihvavy of Che Cbeolojvcal ^tminaxy PRINCETON • NEW JERSEY PRESENTED BY John Stuart Conning, D.D, BM 500 .R6 1918 v. 13-14 Talmud. New edition of the Babylonian Talmud NEW EDITION nv THE ••'iii-^uibAt Babylonian Talmud ©riQinal XTejt, j£5iteC>, (Iorrecte&, jformulateD, anD UranslateO into JEnalisb MICHAEL L. RODKINSON SECTION JURISPRUDENCE (DAMAGES) TRACT BABA BATHRA (LAST GATE, PART I.) Volume V. (XIII.) Boston THE TALMUD SOCIETY 1918 EXPLANATORY REMARKS. In our translation we adopted these principles: 1. Tenan of the original — We have learned In a Mishna; 7a«ila— We havt learned in a Boraitha; lUrnar — It was taught. 2. Questions are indicated by the interrogation point, and are immediately followed by the answers, without being so marked. 3. When in the original there occur two statements separated by the phrase, Lishna achrena or Wa'ibayith Aetna or Ik Aa </W«;-« (literally, "otherwise interpreted "), we translate only the second. 4. As the pages of the original are indicated in our new Hebrew edition, it is not deemed necessary to mark them in the English edition, this being only a translation from the latter. 5. Words or passages enclosed in round parentheses { ) denote the explanation rendered by Rashi to the foregoing sentence or word. Square parentheses [ ] contain commentaries by authorities of the last period of construction of the Gemara. CopvRioHT, 1903, wr MICHAEI, L. R0DKIN30N. Copyright 1916, bt NEW TAI Mt'O I'UBLISEiING SOC5IETT TO HIM WHO FOR HIS PHILANTHROPY AND HUMANITY IS BELOVED AND HIGHLY PRAISED BY THE PEOPLE OF GREATER NEW YORK AND COUNTRY The Honorable SAMUEL GREENBAUM JUSTICE OF SUPREME COURT THIS VOLUME IS RESPECTFULLY DEDICATED BY HIS ADMIRER AND FRIEND MICHAEL L. RODKINSON New York, January i, igoa. CONTENTS. CHAPTER I. Rules and Regulations concerning Houses, Yards, and Fields IN Partnership or Conjointly; the Sharing in Partitions, Fences, and Walls; Looking into Others' Property; Claims Paid before Due; Duties of One to his City — Streets, etc.; Citizenship by Lapse of Time, and con- cerning THE Size of a Yard Liable to Division . i CHAPTER II. Rules and Regulations concerning Space to be Left between One's Property and Another's, be it of One or Two Kinds. Under what Conditions a Tenant may Place an Oven in his Dwelling. Under what Circumstances a Shop in a Yard may be Prevented. Concerning the Space to be Left between a City and Pigeon-coops, Trees, Barns, Cemeteries, and Tanneries , . 55 CHAPTER IIL Rules and Regulations concerning Occupancy (Hazakah) — at WHAT Time and in what Respect it Gives Title. Re- plevins BY Court. Properties Occupied by a Defendant who is Mightier than the Plaintiff but Equal in Evi- dence. A Protest against Occupancy in One's Presence OR Absence by One's Opponent. The Writing of Bills of Sale and Deeds of Gift. Occupancies which Came from Inheritance. The Occupancies of Specialists, Partners, Gardeners, and Guardians. Obtaining Properties from the Contracting Collectors of Duties and Taxes. Bail- ments— of whom they may be Accepted. Personal Prop- erties to which the Law of Occupancy does and does not Apply. Opening of Windows and Doors to Neighbors* OR Partners' Properties, and Building of Caves, Pits, ETC., under Public Ground S^ V vi CONTENTS. CHAPTER IV. Rules and Regulations concerning Unconditional and Con- ditional Sales or Gifts of Buildings, Houses, and Pal- aces : WHAT IS and what is not Included ; and also con- cerning Yards, Bath-houses, and Press-houses for Oil and Wine. Sales of Whole Cities, Valleys, Fields, Wells, etc 147 CHAPTER V. Rules and Regulations concerning Sales of Ships, Boats, Animals, and Teams; concerning Broods of Pigeons and Beasts; Trees, with the Ground and without. How to Acquire Title to Fruit and Flax. Of Articles which BECAME Dearer or Cheaper between the Time of Sale and Delivery. At what Time the Wholesalers and Storekeepers had to Correct their Weights and Meas- ures, and of what Material the Weights might and MIGHT NOT BE MaDE 167 Appbmdix TO Mishna I., Chap. III., page 8;^ , , , ai4 SYNOPSIS OF SUBJECTS TRACT BABA BATHRA (LAST GATE). CHAPTER I. MiSHNAS /. TO ///. In case of dividing partnerships in a yard, where and of what the wall shall be built. Is overlooking another's property considered injurious ? Of what size the yard must be to be fit for division. May a prayer- house be taken apart before the new building is ready ? The legend ot Herod the great with Simeon b. Shatuh. How Herod built the Temple without the consent of the Roman government. Concerning partitions, fences in partners' gardens, and valleys. May or may not one be compelled to join in the expenses offences if one's estate is surrounded by his neighbor's on three sides ? If there is a wall, and one of the owners claims that his neigh- bor did not bear his share of the expense. A debtor who says : I paid my debt before due. If the plaintiff demanded his money long after due. He who claims, " I have never borrowed," is to be considered as if he should say, "I have never paid." How and where is a parapet to be mad" and of what size ? If there were two courtyards one upon the other ; there were two tenants, and the roof of the lower one sank ; there was one who built a wall against the window of his neighbor, etc. Two brothers divided a bequest, a palace and a fine garden, and the latter built a wall on the edge of the garden. There was a note belonging to orphans, against which the other party showed a receipt, ........ i-j6 MiSHNA IV. The sharing in the building of a gate to a courtyard as well as to a city wall. Who are obliged to pay taxes and duties of a city ? Rabbi opened his barns of grain in the years of famine, etc. How long must one dwell in a city to be taxed ? Charity must be collected by two persons and distributed by three. May one be pledged or not for charity ? Who of the poor must be investigated before support, and who supported immediately without inquiry ? What about one who begged from door to door ? The virtue of charity equals the sum of the virtues of all the other commandments together. " I was told by the child who was corrected by his mother," etc. The one who is doing charity secretly is greater than Moses our master. How is the verse, Prov. xxi. 21, to be understood ? Whosoever makes it his business to do charity will be blessed with sons having wisdom, wealth, etc. The discussion of Aqiba with Tarnusruphus. As the yearly household ex- penses for one are appointed (in Heaven) on each Rosh Hashana, so are his viii SYNOPSIS OF SUBJECTS. losses. Grace is charity which nears the redeeming, etc. How may the