Babylonian Talmud

Rodkinson 1918 — source 14, scan section 45

even in the latter case the money must not be returned, for the reason that one may say that he is then allowed to be betrothed to her sister {i.e., if one should see the betrothal money re- turned, he might think the betrothal cancelled, and he might marry her sister, which is biblically prohibited so long as she is alive). But according to R. Ashi : This is not to be feared, as the divorce in her hands testifies that the betrothal was not cancelled. (Said the Gemara:) R. Ashi's statement is not to be taken into consideration at all; as one may be aware that she has returned the betrothal money, and not be aware that she took a divorce. " May be replevined," etc. The rabbis taught : The follow- ing five things were said about wedding presents: (a) They may be collected by the court; (b) they are returned at the time when the donator marries; (c) they are not considered usurious {i.e., if the return was of a greater value than pre- sented); (d) the Sabbatic year does not release them; (e) a first- born has no double share in them. They are collected by the court, because they are considered a loan. They are not usu- rious, because they were not presented with this intention. The Sabbatic year does not release them, because the verse Deut. XV. 2 does not apply to them. And the first-born does not take a double share in them, because they are not as yet in existence, and he is not entitled to that which will be an inheritance in the future. R. Kahana said : The following is the rule : If one came into the city, and heard that his comrade, who was at his wedding, marries, he must come and make a present. The same is the 328 THE BABYLONIAN TALMUD. case if he heard the voice of the drum which announced the marriage of his comrade; but if it was not drummed, the groom ought to let him know. However, if he failed to do so, al- though he may be away, he nevertheless must pay. In such a case, however, he may deduct for the meal of which he has not partaken. And how much may he deduct ? Said Abayi : The inhabitants of the city of Ganna used to deduct one zuz. How- ever, this depends upon the value at which one would appraise the respect and honor of attendance at the wedding banquet. The rabbis taught : If one has married publicly, and thereafter, by returning the presents, he wishes to be married privately, he has a right to say: As you did with me publicly, I will do with you; but not when privately. The same is the case if one has married a virgin, and the other marries a widow; or, if one has married a second wife, and his comrade marries his first wife, the former may say: As you have done with me, I will do with you. The same is the case if to him it was done once, and his comrade demands from him he shall do twice. The rabbis taught: Who is like unto a wealthy man who is known to be rich by his many cattle and estates? The one who is a master in Haggadah (as he lectures everywhere, and be- comes known to all). Who is like unto a broker who does busi- ness at his home only and is not well known to the community? The one who occupies himself with pilpulistic (dialectology, one who is a master in dialectics). Who is like unto one who makes his living by selling things which are to be measured — who gathers his money little by little, which finally becomes a considerable amount? The one who gathers the decisions of the rabbis, little by little, and finally possesses a great deal of wisdom. However, all are dependent to the owner of wheat, which is the Gemara, as only by the studying of it are we able to understand the Mishnayoth and the Boraithas. R. Zera in the name of Rabh said: It is written [Prov. xv. 15]: "All the days of the afflicted are evil." It means: The masters of Gemara (because they must find out how to decide the laws from the Mishnayoth, which always need an explana- tion). " But he that is of a cheerful heart," etc., means : the one who is a master in Mishnayoth. Rabba, however, maintains the reverse. He who is a master in Mishnayoth cannot come to any conclusion about Halakha; but he who is a master in TRACT BABA BATHRA (LAST GATE). 329 Gemara knows how to decide Halakhas. And this is what R. Mesharshia said in his name: It is written [Eccl. x. 9] : " He that moves stones will be hurt through them," meaning the masters of the Mishna. " He that cleaveth wood will be en- dangered thereby," means the masters of Gemara (because they do not always succeed in finding out the correct decisions). R. Hanina said : " All the days of the afflicted," etc., means him who has a bad wife. " But he who is of a cheerful heart," etc., means him who has a good wife. R. Janai said: " All the days of the afflicted," etc., means one who is effeminate. " And he that is of a cheerful heart," etc., means him who is hardened to the ways of the world. R. Johanan said: By the first is meant him whose nature is merciful, and who takes to heart everything which happens to his fellow-men; and by the sec- ond is meant him who is callous. R. Jehoshua b. Levi said: The first means him who is a pedant; and the second, him whose mind is worldly.* MISHNA VI. : If one sends presents to the house of his betrothed's father, to the value of one hundred manas, and has partaken of the betrothal meal, even for one dinar, they are not to be returned. If, however, he did not partake, they may be returned in case of retraction. If the presents were given for the purpose that the bride should bring them, after her marriage, to her husband's house, they are to be returned. But if such is to be used while she is yet in her father's house, they are not. GEMARA: Said Rabha: It means if he has partaken of no less than the value of a dinar; but if less, he has a right to demand a return. Is this not self-evident? The Mishna states a dinar? Lest one say this statement is only general, but not particular, he came to say that this is to be taken literally. Here in the Mishna it is eating. But how is it if he drank, or his substitute had partaken? Also, how is it if they had sent to him ? Come and hear. R. Jehudah in the name of Samuel said: It happened with one who had sent to his betrothed's father one hundred carrums containing pitchers of wine and oil, and vessels of silver and gold, and silk garments ; and while he was joyful over the act, he rode on his horse to the gate of • The second explanation to this verse by the same authority will be ia Chapter XI. of Tract Sanhedrin as the proper place. 330 THE BABYLONIAN TALMUD. his betrothed's father, where they gave him a goblet of a warm beverage which he drank while sitting on -the horse. There- after he died before marriage. And R. Aha, the mayor of that city, brought this case up before the sages in the college of