Babylonian Talmud

Rodkinson 1918 — source 13, scan section 3

X SYNOPSIS OV SUBJECTS. security, he has no right to qualify as a witness concerning it. The an- nouncement of Rabha or Papa about an article which a Gentile takes away from an Israelite. If one has given his garment to a specialist, the latter claiming two zuz and the owner one. If one has exchanged his utensils for another's in the house of a specialist, etc. " Come and I will tell you what the swindlers of Pumbeditha are doing." May a gardener be taken as a w^itness in case of a claim, or not? A robber — neither he nor his son has hazakah, but his grandson has. A specialist or a gardener who has ceased his profession, a son who was separated from his father, and a woman who was divorced — all ot them are considered, in a case of hazakah, with men in general. If one sold his estate by duress, the sale is valid. Why so ? Tabba hanged Pappi on a tree, to compel him to sell him his field. If wit- nesses testify they signed a note whose amount was not yet paid, but was prepared by the borrower in case he should find some one who would make him the loan. "I did so only with the intention of pleasing my husband, but not with the intention of selling it." Is there no occupancy in the estate of a married woman ? If one borrowed from his bondsman and encumbered his estate for him by a document, and afterwards he freed him ? One must not accept bailments from women, slaves, or children. If one who was the business man of the house, and the bills of sale and notes were in his name, claims : " All this is my own " — what should be the evidence ? Concerning a gift or an inheritance of brothers. Is it not the duty of every Israelite to save the property of his neighbor from damage when seeing danger is near ? There cannot be a better hazakah than lifting up, as this act gives title to one in everything. The estate of idolaters, if sold to an Israelite, and the latter has not made a hazakah on it, it is like a desert. If an Israelite buys a field from a Gentile and another Israelite comes and takes possession of it (before the bill of sale reaches the buyer). " I was told by the Exilarch Uqban the following three things: (a) That the law of the government should be respected as a law of the Torah," etc., . . . 100-134 MiSHNAS /v. TO X. What, and under what circumstances, collusive wit- nesses have to pay. If there were three brothers and one stranger. There is a difference in usage of articles — in some cases hazakah applies, and in some not. Does this rule always hold good ? The wonderful sayings and acts of Bnaha. Hazakah does not apply to movable pipes attached to drains, etc. What is to be considered an Egyptian window ? To an enclosure the size of a span in width, hazakah applies. One must not open windows to the yard even when he is a partner in it. One must not open, in a yard belonging to partners, a door or window opposite that of one's partner, etc. One must not make a hole in public ground. " There were enclosures from R. Ammi's property facing an alley," etc. When the second Temple was destroyed, many of Israel separated themselves from eating meat and drink- ing wine. Such a thing must not be decreed, which the majority of the con- gregation could not endure, 134-146 CHAPTER IV. MiSHNAS /. TO V. If one sells a house unconditionally. If one sells a property, he must write in the bill of sale : " I reserve nothing of it for my- self" If E owns a field adjoining A's field from east to west, and B's from SYNOPSIS OF SUBJECTS. xi north to south, and he comes to sell it, etc. If A and B were partners in a field, and A sold his share to C. If one sold a house with the stipulation that the upper diata (chamber) was reserved for him. If one has sold the house to one man and the diceta to another. Title is not given to a well, although there is mentioned that one sold the depth and the height. The difference between a sale and a gift. If one sold a house, he sold with it the door, the bolt and lock, but not the key. If one sold a yard, the houses, walls, cellars, and caves are included, but not movable property. If one sells a press-house, the sale includes the trough, the press-beam or press- stone, etc 147-158 MiSHNAS VI. TO IX. If one sells a bath-house the sale does not include the boards on the floor. If one sells a town, the sale includes houses, etc., but not movable property. If one sells a field, the sale includes the stones which are needed for its use. From the passage. Gen. xxxiii. 17, we infer that the boundary is sold to the buyer with the field biblically. A depositary who claims that he had returned the bailment, etc. In selling a field, if it con- tains a well, cistern, etc., they are not included in the sale . 158-166 CHAPTER V. MiSHNAS /. TO V. How should one acquire title to a boat ? To a prom- issory note title is given by transfer and bill of sale : acquire title to it and to all the debts it contains is traditional and also according to common sense. A bill of sale to a wagon does not include the mules when not hitched, and vice versa. May the amount paid serve as evidence ? If one sells an ass, the harness is not included. The khumni is not included in the harness. What does khumni mean ? If one sold a she-ass, its foal is sold ; but if a cow, the calf is not. If one buys the brood of a pigeon-coop ; of a bee-hive. If one buys a tree for cutting it down, he must begin a span high from the ground ; an inoculated sycamore, three spans ; a trunk of sycamores, two. If exactly three spans, it is beneficial for the growth of the tree, etc., 167-175 MiSHNAS VI. TO IX. If one buy two trees within his neighbor's field, the ground beneath is not sold ; if three, it is. Concerning the firstfruit offer- ings. If the branches were wide-spreading. How much space is to be left between the trees in question, that it should be considered the buyer's ? A practised act is more important for evidence. How should the ground be- longing to the buyer be measured ? If one has sold two trees situated in his field and one on the boundary. There are four legal customs concerning sales. If one sold dark-red wheat and it was found to be white, or vice versa, etc. By what acts is title given to fruit and to flax ? The vessels of the buyer give title to him in every place, except on public ground. There are four legal customs concerning sellers, etc. To real estate title is acquired by money, deed, or hazakah ; and to personal property title is given by drawing only. To a thing which is usually lifted up, title is given by lifting ; and usually drawn, by drawing. If one hires a servant to work for him in the barn for one dinar a day, with the stipulation that he shall work for him