Babylonian Talmud

Rodkinson 1918 — source 20, scan section 75

canopies {chupas) for each upright in the world to come. The ten chupas made for Adam the first in paradise. About Hiram the King of Tyre who claimed to be a God. The increase of Jerusalem in the future, . 203-213 Appendix. Usucapio in the Roman Law ..«•«•• SI4 SYNOPSIS OF SUBJECTS OP TRACT BAB A BATHRA (LAST GATE), (PART II.) CHAPTER VI. MiSHNAS /. TO VIIl. If one sold fruit and it did not sprout, or an ox and thereafter it vvas found a goring one. May tiie 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 monev. 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 ineasure- 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 previously aware). If brothers divided their inheritance, and a creditor of their father came and took away the share of one of them. If the members of the court differ in the amount, upon appraisement brought before them. " I sell you the half of the field " ; " The southern half of this field, "etc. — the seller has to give space for a partition, etc., .... 231-240 CHAPTER VIII. Mishna /. There are those who bequeath, and also inherit ; others who inherit but do not bequeath ; and also those who neither bequeath nor inherit. The passage [Num. xxvii. 8] in the Scripture does not correspond with all that is taught above. Who were the grandfathers of Pinchos ben Elazar on his mother's side. If one is about to marry, it is advisable for him to investigate the character of the bride's brothers. It is better for one to hire himself to Abhada Zarah (idolatry) than to rely upon people that shall support him. Abhada Zarah means " idolatry." Literally, however, it is "a strange service." Is the tribe of the mother's side equal to the tribe of the father's side ? What happened to Janai and Jehudah the second when they came together ? The husband from his wife. Whence is this deduced ? Whence came Pinchos ben Elazar to have a mountain which his father did not possess ? Whence is it deduced that the husband does not inherit the estate to which his wife during her life is only heir apparent ? In the case of a gift with the ceremony of a sudarium, whether healthy or sick, what time may be given him to retract, ....... 241-255 MiSHNAS //. TO IV. The order of inheritance is thus, etc. If one decides that a daughter shall inherit, when there is a daughter of a son, even if he were a prince in Israel, he must not be listened to. What happened to Rabban Johanan with the Sadducean ? " The daughters of Z'lophchod have inherited," etc. The land of Israel was divided among the ascendants from Egypt, and not among their children. Joshua and Caleb inherited the shares of the spies. Whence is this deduced? May or may not a disciple be honored in the presence of his master ? Why is the order in mentioning the daughters of Z'lophchod different in the Scripture ? If a woman marries at less than twenty years of age, she bears children until sixty ; but when she marries after forty, she does not then bear children. There were seven men who encompassed the whole world since its creation until now. etc. How was the land of Israel divided — into twelve parts, or among the people severally ? The land of Israel will be divided among thirteen tribes. A son and a daughter are equal concerning inheritance, etc. How shall the double share of the first-born be counted — double as to each brother or as to the whole estate. What is the reason that Jacob took away the privi- lege of the first-born from Reuben and gave it to Joseph ? Jacob's children, who came to Egypt, in sum you find seventy ; however, if you will number SYNOPSIS OF SUBJECTS. xv them in detail, you will find only sixty-nine. In the case of inheritance of a promissory note, the first-born took a double share, etc. A first-born does not take a double share in a loan. The Palestinians, however, say he does. What is to be done with an estate bequeathed for life only, which the in- heritor has sold ? A first-born does not inherit property to come in the future, and the same is the case with a husband. If the first-born protests when his brothers come to improve the estate left by their father, 255-271 MiSHNAS V. TO V/I. A will which is against the law of the Scripture must not be listened to ; however, if it is as a gift, it may. " My son is my first-born," he takes a double share ; " My son is a first-born," he does not.