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9:3:1

משנה: גָּזַל מַטְבֵּעַ וְנִסְדַּק פֵּירוֹת וְהִרְכִּיבוּ יַיִן וְהֶחֱמִיץ מְשַׁלֵּם כְּשָׁעַת הַגְּזֵילָה. מַטְבֵּעַ וְנִפְסַל תְּרוּמָה וְנִטְמֵאת חָמֵץ וְעָבַר עָלָיו הַפֶּסַח בְּהֵמָה וְנֶעֶבְדָה בָהּ עֲבֵירֵה אוֹ שֶׁנִּפְסְלָה מֵעַל גַּבֵּי הַמִּזְבֵּחַ אוֹ שֶׁהָיְתָה יוֹצֵאת לִיסָּקֵל אוֹמֵר לוֹ הֲרֵי שֶׁלָּךְ לְפָנֶיךָ.

MISHNAH: If he robbed a coin and it was split, fruits and they rotted, wine and it spoiled, he pays their value at the time of the robbery33In all these cases, the thing robbed was changed materially; it cannot be returned.. A coin and it was declared invalid, heave and it became impure34It lost its value as food and only can be used as fuel., leavened matter and Passover passed35It is rabbinically forbidden for all usufruct., an animal which was used for sin36Either it was used for idolatry which makes it forbidden as sacrifice, or was used for bestiality which makes it subject to a death sentence., or which became disqualified from the altar37The living animal no longer can be offered as a sacrifice., or which was taken out to be stoned38After it killed a human., he tells him: Here is your property before you39Since these defects are not visible, following R. Jacob the robbed objects can be returned as they are (Babli 98b)..

MISHNAH: If he robbed a coin and it was split, fruits and they rotted, wine and it spoiled, he pays their value at the time of the robbery33In all these cases, the thing robbed was changed materially; it cannot be returned.. A coin and it was declared invalid, heave and it became impure34It lost its value as food and only can be used as fuel., leavened matter and Passover passed35It is rabbinically forbidden for all usufruct., an animal which was used for sin36Either it was used for idolatry which makes it forbidden as sacrifice, or was used for bestiality which makes it subject to a death sentence., or which became disqualified from the altar37The living animal no longer can be offered as a sacrifice., or which was taken out to be stoned38After it killed a human., he tells him: Here is your property before you39Since these defects are not visible, following R. Jacob the robbed objects can be returned as they are (Babli 98b)..

9:3:2

הלכה: גָּזַל מַטְבֵּעַ וְנִסְדַּק כול׳. רַב הוּנָא אָמַר. בְּשֶׁפְּסָלַתּוּ מַלְכוּת. שְׁמוּאֵל אָמַר בְּשֶׁנִּסְדַּק וַדַּאי. רִבִּי יוּדָה בֶּן פָּזִי בְשֵׁם רִבִּי יוֹסֵי בַּר חֲנִינָה. וְהֵן שֶׁהִרְקִיבוּ מִן הַכְּנִימָה. אֲבָל אִם הִרְקִיבוּ מִתּוֹלַעַת כִּבְרִיאִין הֵן. רַב הוּנָא אָמַר. בְּשֶׁפְּסָלַתּוּ מַלְכוּת. אֲבָל פְּסָלַתּוּ מְדִינָה אוֹמֵר לוֹ הֲרֵי שֶׁלָּךְ לְפָנֶיךָ. שְׁמוּאֵל אָמַר. אֲפִלוּ פְּסָלַתּוּ מַלְכוּת אוֹמֵר לוֹ. הֲרֵי שֶׁלָּךְ לְפָנֶיךָ.

HALAKHAH: “If he robbed a coin and it was split,” etc. Rav Huna said, if the government invalidated it. Samuel said, if really it was split40Rav Huna considers a coin invalidated by the government as a piece of metal, not a coin. Therefore its nature was changed and it is as if it was split. Samuel considers an invalidated coin still as a coin. In the Babli, 97a, Rav Huna is quoted with the opinion here ascribed to Samuel, and Rav Jehudah, Samuel’s student, with that ascribed to Rav Huna.. Rebbi Jehudah ben Pazi in the name of Rebbi Yose ben Ḥanina: Only if they rotted because of maggots but if they rotted because of worms they are like healthy ones41This refers to the rotten fruits mentioned in the Mishnah. If the fruits were damaged by larvae but now are free of insects they are usable, not lost or changed. Before the days of pesticides almost no fruits were completely free of any insect damage.. Rav Huna said, if the government invalidated it, but if the country invalidated it42As in the military anarchy of the Roman empire when the silver-washed copper coins given out as silver were no longer used by the public which switched to the gold standard (cf. E. and H. Guggenheimer, Notes on the Talmudic Vocabulary 8, Lešonēnū 37(1973) 105–112.), he may say to him: Here is your property before you. Samuel said, even if the government invalidated it, he may say to him: Here is your property before you.

HALAKHAH: “If he robbed a coin and it was split,” etc. Rav Huna said, if the government invalidated it. Samuel said, if really it was split40Rav Huna considers a coin invalidated by the government as a piece of metal, not a coin. Therefore its nature was changed and it is as if it was split. Samuel considers an invalidated coin still as a coin. In the Babli, 97a, Rav Huna is quoted with the opinion here ascribed to Samuel, and Rav Jehudah, Samuel’s student, with that ascribed to Rav Huna.. Rebbi Jehudah ben Pazi in the name of Rebbi Yose ben Ḥanina: Only if they rotted because of maggots but if they rotted because of worms they are like healthy ones41This refers to the rotten fruits mentioned in the Mishnah. If the fruits were damaged by larvae but now are free of insects they are usable, not lost or changed. Before the days of pesticides almost no fruits were completely free of any insect damage.. Rav Huna said, if the government invalidated it, but if the country invalidated it42As in the military anarchy of the Roman empire when the silver-washed copper coins given out as silver were no longer used by the public which switched to the gold standard (cf. E. and H. Guggenheimer, Notes on the Talmudic Vocabulary 8, Lešonēnū 37(1973) 105–112.), he may say to him: Here is your property before you. Samuel said, even if the government invalidated it, he may say to him: Here is your property before you.

9:3:3

רִבִּי יוּדָן לָא נְחִית לְבֵית וַועֲדָא. קָם עִם רִבִּי מָנָא. אֲמַר לֵיהּ. מַה חִידּוּת הֲוָה לְכוֹן בְּבֵי מִדְרָשָׁא יוֹמָא דֵין. אֲמַר לֵיהּ. מִילָּה פַלָּן. אָמַר לֵיהּ. וְלֹא מַתְנִיתָא הִיא. תְּרוּמָה וְנִטְמֵאת. אָמַר לֵיהּ. תִּיפְתָּר בְּשֶׁנִּיטְמֵאת מֵאֵילֶיהָ וְלֵית שְׁמַע מִינָּהּ כְּלוּם.

Rebbi Yudan did not go to the house of assembly. He met Rebbi Mana and asked him, what was new for you in the house of study today? He told him, such and such a subject. He replied, is that not a Mishnah, “heave and it became impure”? He replied, explain it if it became impure by itself44For example, if a dead reptile was found in the utensil containing the heave. Then it implies nothing about the status of the object if the robber caused the change. and you cannot infer anything.

Rebbi Yudan did not go to the house of assembly. He met Rebbi Mana and asked him, what was new for you in the house of study today? He told him, such and such a subject. He replied, is that not a Mishnah, “heave and it became impure”? He replied, explain it if it became impure by itself44For example, if a dead reptile was found in the utensil containing the heave. Then it implies nothing about the status of the object if the robber caused the change. and you cannot infer anything.

9:3:4

חִילְפַיי אָמַר. נִשְׁבַּע לוֹ קוֹדֶם הַפֶּסַח. אַחַר הַפֶּסַח מְשַׁלֵּם לוֹ חָמֵץ יָפֶה. אָמַר רִבִּי מָנָא. אָזְלִית לְקַיְסָרִין וְאַשְׁכְּחִית לְרִבִּי חִזְקִיָּה דְּדָרִיש לָהּ מִשּׁוֹם דְּרִבִּי יַעֲקֹב בַּר אָחָא. אִין אִית בַּר נַשׁ פְּלִיג עַל חִילְפַיי שֶׁאֵין מְשַׁלֵּם חָמֵץ יָפֶה. הַכֹּל מוֹדִין בְּחָמֵץ שֶׁמְשַׁלֵּם חָמֵץ יָפֶה.

Ḥilfai said, if he45The robber was challenged by its owner to return to him his leavened matter before Passover and swore that he did not have it. Because of the oath he now is obligated for valuable leavened matter; he is barred from returning after Passover the leavened matter which now is worthless. swore to him before Passover, then after Passover he pays him for fully useable leavened matter. Rebbi Mana said, I went to Caesarea and asked Rebbi Ḥizqiah, who quoted this in the name of Rebbi Jacob bar Aḥa, is there anybody who disagrees with Ḥilfai so that he would not have to pay for fully useable leavened matter? Everybody agrees about leavened matter that he has to pay for fully useable leavened matter.

Ḥilfai said, if he45The robber was challenged by its owner to return to him his leavened matter before Passover and swore that he did not have it. Because of the oath he now is obligated for valuable leavened matter; he is barred from returning after Passover the leavened matter which now is worthless. swore to him before Passover, then after Passover he pays him for fully useable leavened matter. Rebbi Mana said, I went to Caesarea and asked Rebbi Ḥizqiah, who quoted this in the name of Rebbi Jacob bar Aḥa, is there anybody who disagrees with Ḥilfai so that he would not have to pay for fully useable leavened matter? Everybody agrees about leavened matter that he has to pay for fully useable leavened matter.

Texts

  • Hebrew: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY
  • English: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY

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