Babylonian Talmud

Rodkinson 1918 — source 10, scan section 3

which is not yet in existence (see Kiddushin, 62 b, at the end), and certainly all of those sages were aware of the prohibition of usury. It seems to us, therefore, that the sages who hold that such a thing cannot be sold is because they considered speculative trans- actions as robbery, so that they prohibited all kinds of gaming existing at that time ; and the one who participated in such games was disqualified as a witness, because he was considered a robber. We find, however, in this volume, p. 198, that a woman may sell the benefit of her marriage contract, although it looks like speculation ; for she may die during the life-time of her husband, and her husband will inherit from her. But even this is discussed, and seems to be an enactment of some sages for the benefit of the woman. (See text.) SYNOPSIS OF SUBJECTS OF TRACT BABA KAMA (THE FIRST GATE).* CHAPTER I. MiSHNA /. There are four principal cases of tort, etc. One thing is common to all. They are all likely to do damage and must be guarded against. The case of doing damage by digging up gravel. The different explanations of the word " mabeh " by Rabh and Samuel (foot-note). There are thirteen principal tort-feasors. The depository,! etc. There are twenty-four principal tort-feasors. What are the derivatives of all those principals ? Why are the four principals, ox, excavation, mabeh, and fire, enumerated separately in the Scripture ? From what and what kind of property must damage be collected ? When the standard is taken, is it taken of one's own lands or of those of the public in general ? Inordernotto close the door to borrowers, the sages have enacted that creditors should be paid out of the medium estates. If one conveys his estates to one or several persons, from whom and from what estates shall the creditors collect the money due them ? In case one does a meritorious thing he shall do it up to one-third, 1-16 MiSHNAS //. TO V. In all that I am charged with taking care of I have prepared the damage. There is a more rigorous rule in case of the ox than in the cases of the pit and the fire, and vice versa. How so ? If one left his ox in charge of five persons, and one of them left intentionally and the ox caused damage, what is the law ? No appraisement is made for a thief or robber. If one hypothecates his slave or his ox and thereafter sells him. There is a difference between movable and immovable real estate. Slaves are considered movable real estate. During the killing, the bring- ing of the suit, and the making of the award there shall be one and the same owner. There are five cases which are considered non-vicious and * See introduction to Synopsis in Tract Aboth, Vol. I. (IX.), p. xi. f Farther on we use the term " gratuitous bailee," as being- more compre- hensive. ^ SYNOPSIS OF SUBJECTS. five which are considered vicious. The tooth is considered vicious to con* sume, etc. What is a Bardalis ? What is meant by " best estates " ? The meaning of the verse Is. xxxii. 20, 16-29 CHAPTER II. MiSHNAS /. TO III. What tendency makes the foot to be considered vicious ? Cocks that were flying from one place to another, and broke vessels with their wings. Cocks that were hopping on dough or on fruit, and made the same dirty, or that were flying and the wind produced by their wings damaged vessels, or that were pecking at a rope from which a water-pail was suspended, and, severing the rope, broke the water-pail — what is the law ? The distinction between primary and secondary force. A dog that snatched and carried off a cake from the burning coals, and with the burning coal that stuck in the cake set fire to the barn, etc. There can be viciousness in case of " gravel in the usual way." If an animal was walking in a place where it was impossible not to kick up gravel, and she kicked, and by so doing kicked up gravel and caused damage ; or if an animal caused damage by shaking the tail — what is the law ? What tendency makes the tooth to be considered vicious ? It happened that an ass con- sumed a loaf of bread contained in a basket and chewed up the basket, etc. If an animal was standing on private ground and an article was rolling toward the private ground, etc. About one who takes up his dwelling in the court of his neighbor without the latter's knowledge. One who rents a house from Reuben must pay the rent to Simeon, etc. If one uses an un- occupied house of another for storing wood and straw, etc., what is the law? A certain person erected a palace on the ruins belonging to orphans, etc. A dog or a goat that jumps down from the top of a roof and breaks vessels liable for the whole damage. If, however, they fall down, there is no liability. Is one's fire considered one's arrow or one's property ? There is no liability for damages done by fire to concealed articles. How can such a case be found in the biblical law t The mouth of an animal (consuming something on the premises of the plaintiff), is it considered as if yet in the court of the plaintiff? There were certain goats belonging to the family of Tarbu that were doing damage to the property of R. Joseph, . 3o-47 MiSHNAS IV. TO VI. What ox is considered non-vicious and what vicious ? One that has been warned for three days. The three days in question, are they such as to make the ox vicious, or do they also involve the owner ? For one who sets his neighbor's dog on a third person, what is the law ? An ox that gored, pushed, bit, lay down on, or kicked while on public ground pays half. The a fortiori argument regarding the half- payment of the horn. An ox that steps with his foot on a child lying on the premises of the plaintiff, what is the law in regard to the payment of atone- ment money ? A human being is considered always vicious. One who carries a stone in his lap without being aware of it, and while getting up from his seat drops it, as regards damages he is liable. One who drops a vessel from the top of a roof upon the ground which has been covered with SYNOPSIS OF SUBJECTS. xi pillows, and if another person remove them before the dropping of the vessel, etc., what is the law ? Is a slave considered one's body, and an ox one's property ? 47-S6 CHAPTER III. MiSHNAS /. TO V. If one place a jug on public ground and another person stumble over it and break it, what is the law ? One who kicks an- other with his knee is fined three selas ; with the foot, five ; with the fist, thirteen ; what is the fine if one strike his neighbor with the handle or the iron of the hoe ? A jug that broke on public ground and its contents caused g person to slip and fall, or one to be injured by its fragments, what is the law ? About one who renounces ownership to his articles that cause