Talmud Yerushalmi
Yerushalmi Bava Kamma 7:6 ירושלמי בבא קמא ז׳:ו׳
Part of: Chapter 7
Reading: Hebrew · Simple EnglishHebrew · Faithful translationHebrew onlyHebrew · Simple EnglishHebrew · Faithful translationHebrew onlySimple English onlyFaithful translation onlySide by side
משנה: הָיָה מוֹשְׁכוֹ וְיוֹצֵא וּמֵת בִּרְשׁוּת הַבְּעָלִים פָּטוּר. הִגְבִּיהוֹ אוֹ שֶׁהוֹצִיאוֹ חוּץ מֵרְשׁוּת הַבְּעָלִים וָמֵת חַיָיב. נְתָנוֹ לִבְכוֹרֹת בְּנוֹ לְבַעַל חוֹבוֹ לְשׁוֹמֵר חִנָּם וְלַשּׁוֹאֵל לְנוֹשֵׂא שָׂכָר וְלַשּׂוֹכֵר וְהָיָה מוֹשְׁכוֹ וּמֵת בִּרְשׁוּת הַבְּעָלִים פָּטוּר. הִגְבִּיהוֹ אוֹ שֶׁהוֹצִיאוֹ חוּץ מֵרְשׁוּת הַבְּעָלִים וָמֵת חַיָיב.
MISHNAH: If he was drawing it to lead it out but it died on the owner’s property, he is not liable83Drawing an animal by its halter or leading it on the owner’s property is not an act of acquisition. If the animal died before it left the owner’s property it was not stolen and no restitution is due.. If he lifted it84If the thief lifts the animal (e. g., a sheep or a goat) on the owner’s property with the intent of stealing it, he acquired it and as a thief becomes liable for double restitution. or had led it outside the owner’s property when it died, he is liable.
If he gave it for his first-born son85In lieu of paying 5 šeqalim to a Cohen as redemption money, he tells the Cohen to take a sheep from such and such a flock, implying that the flock was his. If the Cohen takes the animal in good faith, the person who tricked him into taking it becomes the thief. The same holds for the other cases mentioned in the Mishnah., to his creditor, to an unpaid guardian or a borrower, to a paid guardian or a renter, and that person was drawing it to lead it out but it died on the owner’s property, he is not liable86Since there was no theft even if one was intended.. If he87The intended recipient. lifted it or had led it outside the owner’s property when it died, he88The instigator. is liable.
MISHNAH: If he was drawing it to lead it out but it died on the owner’s property, he is not liable83Drawing an animal by its halter or leading it on the owner’s property is not an act of acquisition. If the animal died before it left the owner’s property it was not stolen and no restitution is due.. If he lifted it84If the thief lifts the animal (e. g., a sheep or a goat) on the owner’s property with the intent of stealing it, he acquired it and as a thief becomes liable for double restitution. or had led it outside the owner’s property when it died, he is liable.
If he gave it for his first-born son85In lieu of paying 5 šeqalim to a Cohen as redemption money, he tells the Cohen to take a sheep from such and such a flock, implying that the flock was his. If the Cohen takes the animal in good faith, the person who tricked him into taking it becomes the thief. The same holds for the other cases mentioned in the Mishnah., to his creditor, to an unpaid guardian or a borrower, to a paid guardian or a renter, and that person was drawing it to lead it out but it died on the owner’s property, he is not liable86Since there was no theft even if one was intended.. If he87The intended recipient. lifted it or had led it outside the owner’s property when it died, he88The instigator. is liable.
הלכה: הָיָה מוֹשְׁכוֹ וְיוֹצֵא וּמֵת כול׳. נְתָנוֹ לִבְכוֹרֹת בְּנוֹ כול׳. אָמַר רִבִּי מָנָא. מָאן דָּמַר לִי הָדָא מִילְּתָא אֲנָא נְסִיב בנרייתיה. מָהוּ פָטוּר. נִפְטָר מֵחוֹבוֹ. נִפְטָר מִגְּנֵיבָה.
HALAKHAH: “If he was drawing it to lead it out but it died,” etc.; “If he gave it for his first-born son,” etc. Rebbi Mana said, if somebody would explain to me the following, I would carry his בנרייה89The word and its meaning are unclear. In E, the reading is בנרייתיה, the Genizah text reads either בנליתא or בולנייתה or ברלייתה. None of these words has a parallel in Talmudic literature.: What means “is not liable”? Is he not liable for his obligation or not liable for theft90In Mishnah 9, what means “is not liable”? If the Cohen or the creditor accepted the assignment but then the animal died in the assignee’s hand before a theft happened, are they barred from asking the person who tricked them for payment or is the explanation as given in Note 85, that no theft did occur? The Babli, 80a, only considers the second alternative.?
HALAKHAH: “If he was drawing it to lead it out but it died,” etc.; “If he gave it for his first-born son,” etc. Rebbi Mana said, if somebody would explain to me the following, I would carry his בנרייה89The word and its meaning are unclear. In E, the reading is בנרייתיה, the Genizah text reads either בנליתא or בולנייתה or ברלייתה. None of these words has a parallel in Talmudic literature.: What means “is not liable”? Is he not liable for his obligation or not liable for theft90In Mishnah 9, what means “is not liable”? If the Cohen or the creditor accepted the assignment but then the animal died in the assignee’s hand before a theft happened, are they barred from asking the person who tricked them for payment or is the explanation as given in Note 85, that no theft did occur? The Babli, 80a, only considers the second alternative.?