Yerushalmi Eruvin 7:6 ירושלמי עירובין ז׳:ו׳

MISHNAH: How may one participate⁹How may one person arrange participation of all dwellers in an alley? This does not exclude that everyone may contribute his own share of food. in an alley? One puts down an amphora and says, this shall be for all dwellers in the alley, and transfers rights through his adult son or daughter or his male or female Hebrew slave¹⁰The institution of Hebrew slavery disappeared at the end of the First Commonwealth; cf. Qiddušin 1:2. or through his wife¹¹All these are legally persons in their own right; they may accept gifts from the owner in behalf of others.. But he cannot transfer rights through his minor son or daughter or his Canaanite¹²All slaves that could be held during the Second Commonwealth and later, cf. Qiddušin 1:3. These and minor children have no independent legal standing and no property separate from that of their owner or father; therefore giving to them is like giving to oneself, without legal consequences. male or female slave because their hand is like his own.

HALAKHAH: Paragraph⁷³Referring to Mishnah 7:6.. It was stated: He cannot transfer rights to the amphora which he has in the cellar⁷⁴The amphora has to be kept separated lest it be accidentally used on weekdays. Babli 68a.. Rav Hoshaia said, lest he forget and drink from it.

Where do we hold⁷⁵From here to the end of the discussion of Mishnah 6 the text is from Ma`aser Šeni 4:4, Notes 80–97.
The problem is that the Mishnah enables a Hebrew slave girl to act as an agent. But a Hebrew woman can only be sold into slavery by her father (Ex. 21:7–11) while she is in his power and only for as long as she would be in his power. This means that when she is legally an adult she either is the wife of the man who bought her or she is a free woman. The inclusion of the female Hebrew slave seems to be inappropriate since the Mishnah explicitly excludes the owner’s own minor children.? If she is an adult, she becomes free by the signs [of puberty]. If she is underage, may an underage person transfer rights? Rebbi Yudan bar Shalom said before Rebbi Yose: Explain it following him who said that a minor may give heave⁷⁶The status of a minor in matters of heave and tithes is a matter of dispute, Terumot 1:1 Notes 56–59.. He answered him, but even according to him who says that a minor cannot give heave, the minor can acquire rights. ⁷⁷The remainder of this paragraph also is in Giṭtin 5:9 Notes 234–238. This is acceptable following the opinion of the rabbis there. There, they are saying in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what one finds in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what one robs from him is robbery because of the ways of peace; a nut or a pebble and he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift, since it is written⁷⁸Ex. 22:6., if a man give, a man’s gift is a gift, the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan, Rebbi Jacob [bar Aḥa]⁷⁹Added from the parallels; missing here but necessary. in the name of Rebbi Joḥanan: Robbing from him is never clear robbery⁸⁰Robbing a minor may be prosecutable under police law, not under biblical criminal law. unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan: That which you say is to make one pay by a law suit; but to have to bring a sacrifice for a [false] oath everybody agrees only after he grew two pubic hairs⁸¹A minor might be able to bring a suit to recover what was taken from him but since he is not subject to criminal law in case of perjury he may not atone by a sacrifice.. But following to the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written⁷⁸Ex. 22:6. to his neighbor, only if he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac: They came to it by the rules of school children as we have stated⁸²Mishnah Giṭtin 5:9.: “School children’s buying is buying and their selling is selling, for movables.” But did we not state: “But he cannot transfer rights through his minor son or daughter or his Canaanite¹²All slaves that could be held during the Second Commonwealth and later, cf. Qiddušin 1:3. These and minor children have no independent legal standing and no property separate from that of their owner or father; therefore giving to them is like giving to oneself, without legal consequences. male or female slave because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge⁸³A minor whose vows may be valid., there a minor without knowledge.

⁸⁴This paragraph also is in Qiddušin 1:3, Notes 383–390. There, we have stated⁸⁵Mishnah Bava mesia` 8:4. The borrower of livestock is responsible if the animal is injured or dies while in his custody (Ex. 22:13). The responsibility of the borrower starts the moment he takes control of the animal. As long as the animal is driven by the owner’s slave, it is in the owner’s hand and the borrower is not responsible. But (as stated in the part of the Mishnah not quoted here) if the borrower said, send it to me through your slave, and something happens on the way, the borrower is responsible.: “If somebody borrows a cow and [the lender] sent her to him through his son, his slave, or his agent, in case it died he is not liable.” Does this not say that a slave is able to transfer rights from his master to another person? Rebbi Eleazar said, explain it about a Hebrew slave. Rebbi Joḥanan said, you can even explain it for a Canaanite slave, it he told him, open the gate for her and she will go by herself, as we have stated: If he led her, drew her, called her and she followed him, he is required to pay as a borrower. Rebbi Ze`ira understood it from here: “But he cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is not like his hand.” Does this not imply that a slave is not able to transfer rights from his master to another person? Explain it following Rebbi Meïr since Rebbi Meïr makes the hand of the slave the hand of his master. But did we not state “his wife”? Rebbi Meïr holds that the hand of the wife is the hand of her husband! Rebbi Ḥananiah said in the name of Rebbi Phineas, explain it following the Tanna who stated⁸⁶Tosephta Ma`aser šeni 4:7. The Babli Qiddušin 24a restricts the statement of R. Simeon ben Eleazar to the case where the wife inherited Second Tithe. Since R. Meïr holds that Second Tithe is Heaven’s money, the Second Tithe does not become part of the estate. If the wife now redeems the tithe with household money, the money is the husband’s but the tithe is not; therefore, no additional fifth is due. The Babli rejects the conclusion of the Yerushalmi here.: “His wife cannot redeem Second Tithe for him. Rebbi Simeon ben Eleazar says in the name of Rebbi Meïr, his wife can redeem Second Tithe for him.” For that Tanna, Rebbi Meïr makes the hand of the slave the hand of his master but not the hand of the wife the hand of her husband!