Babylonian Talmud

Rodkinson 1918 — source 14, scan section 1

tihrary of trhe trheolojical ^tminavy PRINCETON • NEW JERSEY PRESENTED BY Joiin Stuart Conning, D.D, BM 500 .R6 1918 v. 13-14 Talmud. New edition of the Babylonian Talmud NEW EDITION V ■■' BABYLONIAN TALMUD ©riGfnal Xlejt, lEMteb, (rorrecte^, jformulatet), an& Uranslateb into Bnalisb MICHAEL L. RODKINSON SECTION JURISPRUDENCE (DAMAGES) TRACT BABA BATHRA (LAST GATE, PART II.) Volume VI. (XIV.) 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; Tania Wa luTt learned in a Boraitha; Itemar — It was taught. 2. Questions are indicated by the interrogation point, and are immediatelf 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 ox Ikha a'awrj (literally, "otherwise interpreted"), we translate only the second. 4. As the pages of the original are indicated in our new Hebrew edition, U 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 Uemara. COI^RIGHT, 1903, BV MICHAEI, L. RODKINSON. Copyright 1916, by NEW TALMUD PUBLISHING SOCIETY TO THE REVEREND GENTLEMEN HERRN GEHEIMER REGIERUNGSRATH MORITZ LAZARUS, Ph.D., D.D. UNIVERSITY PROFESSOR AND MoNS. ZADOC KAHANA GRAND RABBIN T>V CONSISTOIRE CENTRAL DES ISRAISlITES DE FRANCF WHOSE NAMES ARE FAMOUS IN THE SCHOLARLY WORLD ALL OVER THE GLOBE THIS FOURTEENTH VOLUME IS MOST SINCERELY INSCRIBED BY THEIR ADMIRER AND PERSONAL FRIEND MICHAEL L. RODKINSON New York, Eve of Passover, 566a (April awt, 1909) CONTENTS. (PART 11.) CHAPTER VI. PAGB Rules and Regulations concerning the Sale of Seeds WHICH Become Spoiled, the Quantity of Dust which MAY or may not BE ACCEPTED IN THE MEASURES OF Grain and Fruit, and Wine which Becomes Sour AFTER Sale before Delivery. — Concerning Contrac- tors FOR Houses and Stables, Wells and Gardens, situated in Neighbors' Properties or Public Tho- roughfares IN Private Ground, and concerning Graves and Caves for Burying 215 CHAPTER VII. Rules and Regulations concerning Rocks and Pits in Ground Sold ; the Quantities of Greater or Less Measure which may or may not Void a Sale of Fields, Villages, Etc 231 CHAPTER VIII. Rules and Regulations concerning Bequests to and Inheritance by Near and Distant Relatives, Male and Female Slaves and their Descendants, First- born and Husbands. One may or may not Wish to Bequeath his Estate to Strangers when he has Children. Which Wills must be Considered and which Wills must not. The Dividing of an Inheri- tance BETWEEN Grown-up and Minor Children, Male and Female 241 T vi CONTENTS. CHAPTER IX. PAGE Rules and Regulations concerning the Support of Unmarried Daughters after the Death of their Father, if among the Children were an Hermaph- rodite OR AN AnDROGYN. MaY OR MAY NOT OnE Bequeath his Estate to Strangers if he has Chil- dren ? Does the Second Will Abolish the First ? If a Sick Person Recovers after Making a Gift while Sick, may he Retract or not ? If Sudden Death Occur to Many Persons, and it is not Known WHO Died First, and each of the Heirs Claims for HIS Benefit ... 312 CHAPTER X. How Deeds should be Written and where the Witnesses SHOULD Sign. Concerning Erasures of Some Words in Deeds. In which Cases both Parties must be Present at the Writing of the Deeds, and in which ONE OF them Suffices. Concerning a Deposited Deed WHICH was Paid in Part. How shall the Court Ai- prove an Erased Document ? Property for Private Use which was Left to Poor and Rich Brothers . 358 SYNOPSIS OF SUBJECTS OP TRACT BABA BATHRA (LAST GATE), (PART II.) CHAPTER VI. MiSHNAS /. TO VIII. If one sold fruit and it did not sprout, or an ox and thereafter it was found a goring one. May the trouble of slaughtering and selling the meat be taken into consideration ? If an ox was found killed at the side of another pasturing one. Between majority and hazakah, which should be preferred (see footnote p. 217) .? All hold the theory of majority. If one delivered wheat for grinding to fine meal, but the miller did not properly grind it ; or if meal were delivered to a baker and he did not bake it properly. If one buys fruit, he has to accept a quarter of a kabh of dust on a saah. If he sold a cellar of wine, he must accept ten harsh barrels on each hundred. If wheat, a quarter of a kabh of peas ; if barley, a quarter of chaff; if lentils, of dust. If the buyer has found more than the above prescribed quantity. The difference between a cellar and M/j cellar, and also if for keeping was added. May or may not wine which is sold in retail stores be considered products of the vine ? If one sells wine, and it turns sour. Which wine is considered an old one. If one is proud, he is not tolerated even by his family. A commoner who disguises himself in the garment of a scholar cannot enter into the habitation of the Holy One, etc. If one sells, or a contractor undertakes to build, a wedding or a widow house. A groom who resides in the house of his father-in-law is lighter than bran, and still lighter is an invited guest who brings with him an uninvited one, and still lighter is he who answers before hearing the question. If one wishes to build a stable. If one possesses a well, situated on the other side of his neighbor's house, or a garden inside of his neigh- bor's. If there was a public thoroughfare through one's field, etc. If one sells a place for digging a grave, or an undertaker makes a place for one, the inside of the cave must be four by six, etc., .... 215-230 CHAPTER VII. MiSHNAS /. TO VI. I sell you earth of the size whereon one kur can be sown, etc., or measured with a line. In case the buyer has to make return, it shall be in money. If the seller said "the size of a kur," without xiv SYNOPSIS OF SUBJECTS. any addition, how is the law ? "I sell you the estate," with a measure- ment a trifle more or less; or, "this estate . . . with its marks and boundaries." If two versions of the seller contradict each other, which is to be considered ? The difference in opinion of the Amoraim in the explanation of Mishna IV. R. Papa bought an estate said to be twenty saahs — after it was measured it was found only fifteen. To two brothers who had divided their inheritance came a third brother (of whose existence they were not