Talmud Yerushalmi
Yerushalmi Bava Kamma 10:2 ירושלמי בבא קמא י׳:ב׳
Part of: Chapter 10
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משנה: נָטְלוּ מוֹכְסִין אֶת חֲמוֹרוֹ וְנָתְנוּ לוֹ חֲמוֹר אַחֵר גָּזְלוּ הַלִּיסְטִין כְּסוּתוֹ וְנָתְנוּ לוֹ כְסוּת אֲחֶרֶת הֲרֵי אֵילּוּ שֶׁלּוֹ מִפְּנֵי שֶׁהַבְּעָלִין מִתְיָיאֲשִׁין מֵהֶן. הַמַּצִּיל מִיַּד הַנָּהָר מִיַּד הַלִּיסְטִין אִם נִתְיָיאֲשׁוּ הַבְּעָלִין הֲרֵי אֵילּוּ שֶׁלּוֹ. וְכֵן נְחִיל שֶׁל דְּבוֹרִים אִם נִתְיָיאֲשׁוּ הַבְּעָלִין הֲרֵי אֵילּוּ שֶׁלּוֹ. אָמַר רִבִּי יוֹחָנָן בֶּן בְּרוֹקָה נֶאֱמֶנֶת אִשָּׁה אוֹ קָטָן לוֹמַר מִכָּאן יָצָא נְחִיל זֶה וּמְהַלֵּךְ בְּתוֹךְ שָׂדֵהוּ וְנוֹטֵל אֶת נְחִילוֹ וְאִם הִזִּיק מְשַׁלֵּם מַה שֶׁהִזִּיק. אֲבָל לֹא יָקוֹץ אֶת הַסּוֹכָה עַל מְנָת לִתֵּן דָּמִים. רִבִּי יִשְׁמָעֵאל בְּנוֹ שֶׁל רִבִּי יוֹחָנָן בֶּן בְּרוֹקָה אוֹמֵר אַף קוֹצֵץ וְנוֹתֵן דָּמִים.
MISHNAH: If the publicans took his donkey and gave him another donkey, or armed robbers31In contrast to a גַזְלָן, a לִיסטיס (λῃστής) always is an armed robber. took his garment and gave him another garment, they are his since the owners had given up hope of recovery32Any lost article for which the owners had given up hope of recovery is ownerless property and becomes the property of the finder. (This is the principle underlying the first two Chapters of Bava meṣi‘a.) It does not matter that the owners lost hope because of unlawful acts by others.. Things saved from a flood or from armed robbers are his if the owners had given up hope of recovery. Similarly, a swarm of bees is his if the owners had given up hope of recovery. Rebbi Joḥanan ben Beroqa said, a woman or a child are trusted if they say: “This swarm of bees came from here.”33By this they determine the ownership of the swarm of bees, allow the bee-keeper to try to capture the swarm and prohibit anybody else from taking it. While women are barred from formal testimony, they are admitted to indicate facts. Children are never believed about what they remember, but here they indicate a fact immediately after it happened; their indication can be taken as unbiased truth.
Swarming bees are lost if not captured immediately. Therefore the rules about swarms of bees belong to the rules of things that cannot be recovered later. [The beekeeper] may enter another’s field to take his swarm; if he caused damage he has to pay what he damaged, but he cannot cut off a branch34On which the bees have settled. intending to pay for it. Rebbi Ismael, Rebbi Joḥanan ben Beroqa’s son, said: he may even cut a branch and pay for it.
MISHNAH: If the publicans took his donkey and gave him another donkey, or armed robbers31In contrast to a גַזְלָן, a לִיסטיס (λῃστής) always is an armed robber. took his garment and gave him another garment, they are his since the owners had given up hope of recovery32Any lost article for which the owners had given up hope of recovery is ownerless property and becomes the property of the finder. (This is the principle underlying the first two Chapters of Bava meṣi‘a.) It does not matter that the owners lost hope because of unlawful acts by others.. Things saved from a flood or from armed robbers are his if the owners had given up hope of recovery. Similarly, a swarm of bees is his if the owners had given up hope of recovery. Rebbi Joḥanan ben Beroqa said, a woman or a child are trusted if they say: “This swarm of bees came from here.”33By this they determine the ownership of the swarm of bees, allow the bee-keeper to try to capture the swarm and prohibit anybody else from taking it. While women are barred from formal testimony, they are admitted to indicate facts. Children are never believed about what they remember, but here they indicate a fact immediately after it happened; their indication can be taken as unbiased truth.
Swarming bees are lost if not captured immediately. Therefore the rules about swarms of bees belong to the rules of things that cannot be recovered later. [The beekeeper] may enter another’s field to take his swarm; if he caused damage he has to pay what he damaged, but he cannot cut off a branch34On which the bees have settled. intending to pay for it. Rebbi Ismael, Rebbi Joḥanan ben Beroqa’s son, said: he may even cut a branch and pay for it.
הלכה: נָטְלוּ מוֹכְסִין כול׳. תַּנֵּי. הַמַּצִּיל מִן הַגַּיִיס מִן הַדְּלֵיקָה מִשְּׁנוּנִית הַיָּם מִשְּׁלוּלִית הַנָּהָר הֲרֵי אֵילּוּ שֶׁלּוֹ.
HALAKHAH: “If the publicans took,” etc. It was stated: “Things saved from an army, or a fire, from a whirlpool in the sea, a whirlpool of a river, are his.35A similar statement in Tosephta Bava meṣi‘a 2:2 adds: “because the owners gave up hope of recovery.””
HALAKHAH: “If the publicans took,” etc. It was stated: “Things saved from an army, or a fire, from a whirlpool in the sea, a whirlpool of a river, are his.35A similar statement in Tosephta Bava meṣi‘a 2:2 adds: “because the owners gave up hope of recovery.””
וְכֵן נְחִיל שֶׁל דְּבוֹרִים אִם נִתְיָיאֲשׁוּ בְּעָלָיו הֲרֵי אֵילּוּ שֶׁלּוֹ. רִבִּי חִינְנָא בַּר פַּפָּא בְשֵׁם רִבִּי יוֹחָנָן. מִתְנִיתָא בִּנְחִיל שֶׁגָּזְלוּ מִן הַהֲלִיכָה וּבְפוֹרֵחַ. וּבִלְבַד עַל אָתָר. אֲבָל אִם יָצָא וְחָזַר אֲנִי אוֹמֵר. מִפְּנֵי יִרְאָה וּפִיתּוּי אֲמָרוֹ. תַּנֵּי. רִבִּי יִשְׁמָעֵאל בֶּן רִבִּי יוֹחָנָן בֶּן בְּרוֹקָה אוֹמֵר. תְּנַיי בֵית דִּין הוּא לָקוּץ זֶה סוֹכָה וְנוֹתֵן דָּמִים. שֶׁעַל מְנָת כֵּן הִנְחִיל יְהוֹשֻׁעַ לְיִשְׂרָאֵל אֶת הָאָרֶץ.
36Another formulation of the same topic is in Ketubot 2:11, Notes 203–209.“Similarly, a swarm of bees is his if the owners had given up hope of recovery.” Rebbi Ḥinena bar Pappos in the name of Rebbi Joḥanan: The Mishnah is about a swarm taken in flight and from a schoolboy37But not a younger child (Rashba, Novellae ad 114b.), and only immediately38“Immediately” refers to the testimony of women and children, who can determine ownership, even in their own behalf, on the pursuit ot the swarm.. But if one left and returned, I am saying that he39The underage witness. said it because of fear, or being seduced. It was stated40Babli 82b,114b.: Rebbi Joḥanan ben Beroqa says, it is a stipulation by the court that this one may cut a branch and pay for it since on this condition did Joshua distribute the Land to Israel41The last remark is not in the Babli. For the list of stipulations about land use ascribed to Joshua, cf. Nazir7:1, Note 40..
36Another formulation of the same topic is in Ketubot 2:11, Notes 203–209.“Similarly, a swarm of bees is his if the owners had given up hope of recovery.” Rebbi Ḥinena bar Pappos in the name of Rebbi Joḥanan: The Mishnah is about a swarm taken in flight and from a schoolboy37But not a younger child (Rashba, Novellae ad 114b.), and only immediately38“Immediately” refers to the testimony of women and children, who can determine ownership, even in their own behalf, on the pursuit ot the swarm.. But if one left and returned, I am saying that he39The underage witness. said it because of fear, or being seduced. It was stated40Babli 82b,114b.: Rebbi Joḥanan ben Beroqa says, it is a stipulation by the court that this one may cut a branch and pay for it since on this condition did Joshua distribute the Land to Israel41The last remark is not in the Babli. For the list of stipulations about land use ascribed to Joshua, cf. Nazir7:1, Note 40..