Talmud Yerushalmi
Yerushalmi Bava Kamma 4:8 ירושלמי בבא קמא ד׳:ח׳
Part of: Chapter 4
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משנה: שׁוֹר שֶׁהוּא יוֹצֵא לִיסָּקֵל וְהִקְדִּישׁוֹ בְעָלָיו אֵינוֹ מוּקְדָּשׁ וְאִם שְׁחָטוֹ בְּשָׂרוֹ אָסוּר. אִם עַד שֶׁלֹּא נִגְמַר דִּינוֹ הִקְדִּישׁוֹ בְעָלָיו מוּקְדָּשׁ וְאִם שְׁחָטוֹ בְּשָׂרוֹ מוּתָּר.
MISHNAH: If one dedicates a bull which is led out to be stoned, it is not dedicated, and if it was slaughtered, its meat is forbidden121Ex. 21:28 reads in part: “The bull shall be stoned; its meat shall not be eaten.” If the bull is killed by stoning, it is not ritually slaughtered and automatically its meat is forbidden as carcass meat. The specific mention of the prohibition of the meat is interpreted to mean that it becomes forbidden the moment sentence is pronounced. If the owner wants to save something of the value of the bull, he has to slaughter it immediately after it killed [Mekhilta dR. Ismael, Neziqin 10; dR. Simeon ben Ioḥai 21:28, p. 178; Yerushalmi Pesaḥim 2:1 (28c l. 34), ‘Orlah 3:1 Note 26; Babli Pesaḥim22b].. If its owner dedicated it before sentence was pronounced, it is dedicated, and if it was slaughtered, its meat is permitted.
MISHNAH: If one dedicates a bull which is led out to be stoned, it is not dedicated, and if it was slaughtered, its meat is forbidden121Ex. 21:28 reads in part: “The bull shall be stoned; its meat shall not be eaten.” If the bull is killed by stoning, it is not ritually slaughtered and automatically its meat is forbidden as carcass meat. The specific mention of the prohibition of the meat is interpreted to mean that it becomes forbidden the moment sentence is pronounced. If the owner wants to save something of the value of the bull, he has to slaughter it immediately after it killed [Mekhilta dR. Ismael, Neziqin 10; dR. Simeon ben Ioḥai 21:28, p. 178; Yerushalmi Pesaḥim 2:1 (28c l. 34), ‘Orlah 3:1 Note 26; Babli Pesaḥim22b].. If its owner dedicated it before sentence was pronounced, it is dedicated, and if it was slaughtered, its meat is permitted.
הלכה: שׁוֹר שֶׁהוּא יוֹצֵא לִיסָּקֵל כול׳. תַּנֵּי. שׁוֹר שֶׁהָיָה יוֹצֵא לִיסָּקֵל וְנִמְצְאוּ עֵידָיו זוֹמְמִין. רִבִּי יוֹחָנָן אָמַר. כָּל הַקּוֹדֵם בּוֹ זָכָה. רֵישׁ לָקִישׁ אָמַר. יִיאוּשׁ טָעוּת הוּא. וְכֵן עֶבֶד הַיּוֹצֵא לִיהָרֵג וְנִמְצְאוּ עֵדָיו זוֹמְמִין. רִבִּי יוֹחָנָן אָמַר. זָכָה עַצְמוֹ. רֵישׁ לָקִישׁ אָמַר. יִיאוּשׁ טָעוּת הוּא.
HALAKHAH: “A bull which is led out to be stoned,” etc. It was stated122Sanhedrin 6:2(23b l.25) an exact copy, 10:8(29d l.14) a reformulation.: If a bull was led out to be stoned when its witnesses were found to be false, Rebbi Joḥanan said, the first to come acquires it123Since the court declares the bull to be forbidden for usufruct, it cannot remain the property of its owner. When the prohibition of usufruct is lifted because the sentence was declared false, the bull is ownerless. If a third party grabs the bull before the owner can take it back, that third party now is the legal owner. The Babli, Keritut 24a, holds that R. Joḥanan will agree that the bull never was ownerless if the judgment was overturned on the initiative or appeal by the owner.; Rebbi Simeon ben Laqish said, it was false despair124He holds that ownership never was annulled, only that the owner gave up hope of ever having use of the bull again. The bull remains the property of its owner who may use it once the prohibition of usufruct is lifted.. Similarly, if a slave was led out to be killed when his witnesses were found to be false, Rebbi Joḥanan said, he acquired himself125He is free and needs no bill of manumission.; Rebbi Simeon ben Laqish said, it was false despair.
HALAKHAH: “A bull which is led out to be stoned,” etc. It was stated122Sanhedrin 6:2(23b l.25) an exact copy, 10:8(29d l.14) a reformulation.: If a bull was led out to be stoned when its witnesses were found to be false, Rebbi Joḥanan said, the first to come acquires it123Since the court declares the bull to be forbidden for usufruct, it cannot remain the property of its owner. When the prohibition of usufruct is lifted because the sentence was declared false, the bull is ownerless. If a third party grabs the bull before the owner can take it back, that third party now is the legal owner. The Babli, Keritut 24a, holds that R. Joḥanan will agree that the bull never was ownerless if the judgment was overturned on the initiative or appeal by the owner.; Rebbi Simeon ben Laqish said, it was false despair124He holds that ownership never was annulled, only that the owner gave up hope of ever having use of the bull again. The bull remains the property of its owner who may use it once the prohibition of usufruct is lifted.. Similarly, if a slave was led out to be killed when his witnesses were found to be false, Rebbi Joḥanan said, he acquired himself125He is free and needs no bill of manumission.; Rebbi Simeon ben Laqish said, it was false despair.