Talmud Yerushalmi
Yerushalmi Bava Metzia 4:6 ירושלמי בבא מציעא ד׳:ו׳
Part of: Chapter 4
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משנה: וְאֵילּוּ דְבָרִים שֶׁאֵין לָהֶן הוֹנָיָיה. הָעֲבָדִים וְהַשְּׁטָרוֹת וְהַקַּרְקָעוֹת וְהַהֶקְדֵּישׁוֹת. אֵין בָּהֶן לֹא תַשְׁלוּמֵי כֶפֶל וְלֹא תַשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה. שׁוֹמֵר חִנָּם אֵינוֹ נִשְׁבָּע וְנוֹשֵׂא שָׂכָר אֵינוֹ מְשַׁלֵּם. רִבִּי שִׁמְעוֹן אוֹמֵר קֳדָשִׁים שֶׁהוּא חַיָיב בְּאַחֵרָיוּתָן יֵשׁ לָהֶן הוֹנָיָיה וְשֶׁאֵינוֹ חַיָיב בְּאַחֵרָיוּתָן אֵין לָהֶן הוֹנָיָיה. רִבִּי יְהוּדָה אוֹמֵר אַף הַמּוֹכֵר סֵפֶר תּוֹרָה בְּהֵמָה וּמַרְגָּלִית אֵין לָהֶן הוֹנָיָיה. אָמְרוּ לוֹ לֹא אָמְרוּ אֶלָּא אֶת אֵילּוּ.
MISHNAH: The following are not under the rules of cheating125There is no recourse in court for overpaying or underpaying.: Slaves126In Lev. 25:45, Gentile slaves are put under the rules of real estate., securities127Documents of indebtedness. What one buys is not the paper on which the IOU is written but the future claim. What one buys “from the hand of your neighbor” (Lev. 25:14) is the paper; therefore the IOU is not under the rules of that verse., real estate128Lev. 25:14 only refers to movables., and Temple property129Lev. 25:14 only refers to “your neighbor,” not to public property.; they are not under the rules of double or quadruple or quintuple restitution130If slaves, securities, or Temple property was stolen (e. g., Temple animals).. An unpaid trustee does not have to swear, a paid trustee does not pay. Rebbi Simeon says, sacrifices which he is obligated to warrant131If one vows to bring “a sacrifice”, he has not fulfilled his obligation until the animal was sacrificed. Before that moment, it remains the personal property of the offerer and is covered by Lev. 25:14. But if he vows to offer “this animal”, he has fulfilled his duty at the moment the animal was delivered to the Temple. After that it is Temple property; cf. Mishnah Bava qamma 7:5. are under the rules of cheating; those for which he is not obligated to warrant are not under the rules of cheating. Rebbi Jehudah says, also he who sells a Torah scroll, an animal, or a pearl is not under the rules of cheating. They told him, they said only these.
MISHNAH: The following are not under the rules of cheating125There is no recourse in court for overpaying or underpaying.: Slaves126In Lev. 25:45, Gentile slaves are put under the rules of real estate., securities127Documents of indebtedness. What one buys is not the paper on which the IOU is written but the future claim. What one buys “from the hand of your neighbor” (Lev. 25:14) is the paper; therefore the IOU is not under the rules of that verse., real estate128Lev. 25:14 only refers to movables., and Temple property129Lev. 25:14 only refers to “your neighbor,” not to public property.; they are not under the rules of double or quadruple or quintuple restitution130If slaves, securities, or Temple property was stolen (e. g., Temple animals).. An unpaid trustee does not have to swear, a paid trustee does not pay. Rebbi Simeon says, sacrifices which he is obligated to warrant131If one vows to bring “a sacrifice”, he has not fulfilled his obligation until the animal was sacrificed. Before that moment, it remains the personal property of the offerer and is covered by Lev. 25:14. But if he vows to offer “this animal”, he has fulfilled his duty at the moment the animal was delivered to the Temple. After that it is Temple property; cf. Mishnah Bava qamma 7:5. are under the rules of cheating; those for which he is not obligated to warrant are not under the rules of cheating. Rebbi Jehudah says, also he who sells a Torah scroll, an animal, or a pearl is not under the rules of cheating. They told him, they said only these.
הלכה: וְאֵילּוּ דְבָרִים שֶׁאֵין לָהֶן הוֹנָיָיה כול׳. תַּנֵּי. רִבִּי יוּדָה אוֹמֵר. אַף סֵפֶר תּוֹרָה בְּהֵמָה וּמַרְגָּלִית אֵין לָהֶן אוֹנָאָה. סֵפֶר תּוֹרָה אֵין קֵץ לְדָמָיו. בְּהֵמָה וּמַרְגָּלִית צְרִיכִין לְזַוְוגָּם. אָמְרוּ לוֹ. וַהֲלֹא הַכֹּל אָדָם רוֹצֶה לְזַוֵּיג. תַּנֵּי. רִבִּי יוּדָה בֶּן בְּתֵירָה אוֹמֵר. סַיִיף וְסוּס וּתְרִיס בַּמִּלְחָמָה אֵין לָהֶן הוֹנָיָיה.
HALAKHAH: “The following are not under the rules of cheating,” etc. It was stated132Babli 58b, Tosephta 3:24.: “Rebbi Jehudah says, also a Torah scroll, an animal, and a pearl are not under the rules of cheating. A Torah scroll, for its value is infinite. An animal and a pearl need to be paired. They said to him, does not a person want to pair everything?” It was stated: “Rebbi Jehudah ben Bathyra says, a sword, a horse, and a shield are not under the rules of cheating at wartime.”
HALAKHAH: “The following are not under the rules of cheating,” etc. It was stated132Babli 58b, Tosephta 3:24.: “Rebbi Jehudah says, also a Torah scroll, an animal, and a pearl are not under the rules of cheating. A Torah scroll, for its value is infinite. An animal and a pearl need to be paired. They said to him, does not a person want to pair everything?” It was stated: “Rebbi Jehudah ben Bathyra says, a sword, a horse, and a shield are not under the rules of cheating at wartime.”