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8:5:1

משנה: רִבִּי שִׁמְעוֹן אוֹמֵר מְקוֹם שֶׁיִיפָּה כוֹחוֹ בִּכְנִיסָתָהּ הוֹרַע כּוֹחוֹ בִּיצִיאָתָהּ מְקוֹם שֶׁהוֹרַע כּוֹחוֹ בִּכְנִיסָתָהּ יִיפָּה כוֹחוֹ בִּיצִיאָתָהּ. הַמְחוּבָּרִין לַקַּרְקַע בִּכְנִיסָתָהּ שֶׁלּוֹ וּבִיצִיאָתָהּ שֶׁלָּהּ וְהַתְּלוּשִׁין מִן הַקַּרְקַע בִּכְנִיסָתָהּ שֶׁלָּהּ וּבִיצִיאָתָהּ שֶׁלּוֹ.

MISHNAH: Rebbi Simeon says, in the circumstances where he was empowered at her entrance he was disabled at her exit, and in the circumstances where he was disabled at her entrance he was empowered at her exit. What was connected to the ground at her entrance is his and at her exit is hers, what was cut from the ground at her entrance is hers and at her exit is his38He follows the Sages in the previous Mishnah that produce she brings into the marriage as capital and real estate is given over to his administration. He adds that at a divorce (if she exits the marriage) he has to deliver the field as is at the moment the bill of divorce is delivered, with all the grain standing if it was not cut before the divorce but that all produce harvested before the moment of divorce is his; cf. Yebamot 15:5, Notes 67–68..

MISHNAH: Rebbi Simeon says, in the circumstances where he was empowered at her entrance he was disabled at her exit, and in the circumstances where he was disabled at her entrance he was empowered at her exit. What was connected to the ground at her entrance is his and at her exit is hers, what was cut from the ground at her entrance is hers and at her exit is his38He follows the Sages in the previous Mishnah that produce she brings into the marriage as capital and real estate is given over to his administration. He adds that at a divorce (if she exits the marriage) he has to deliver the field as is at the moment the bill of divorce is delivered, with all the grain standing if it was not cut before the divorce but that all produce harvested before the moment of divorce is his; cf. Yebamot 15:5, Notes 67–68..

8:5:2

הלכה: רִבִּי שִׁמְעוֹן אוֹמֵר מְקוֹם שֶׁיִיפָּה כוֹחוֹ כול׳. אַתְּ אָמַר. בִּכְנִיסָתָהּ שֶׁלֹּא מָכְרָה אוֹתָן אֵינָן מְכוּרִין. נְתָנָתָן לָאָרִיס הוּא מִשְׁתַּפֶּה מִמֶּנּוּ. עָשָׂת אוֹתוֹ בִּיכּוּרִים לֹא קָדְשׁוּ. אַתְּ אָמַר. בִּמְצִיאָתָהּ שֶׁלָּהּ מָכַר אוֹתָן אֵינָן מְכוּרִין. נְתָנָתֶן לָאָרִיס הִוא מִשָׁתַּפָּה מִמֶּנּוּ. עָשָׂת אוֹתָן בִּכּוּרִין. תַּפְלוּגְתָא דְּרִבִּי יוֹחָנָן וְרִבִּי שִׁמעוֹן בֶּן לָקִישׁ. דְּאִתְפַּלְּגוֹן. וְשָׂמַחְתָּ בְּכָל הַטּוֹב אֲשֶׁר נָתַן לְךָ יי אֱלֹהֶיךָ וּלְבֵיתֶךָ. מְלַמֵּד שֶׁאָדָם מֵבִיא בִיכּוּרִים מִנִּיכְסֵי אִשְׁתּוֹ. רִבִּי שִׁמְעוֹן בֶּן לָקִישׁ אָמַר. לְאַחַר מִיתָה. הָא בְחַיִים לֹא. אָמַר רִבִּי יוֹחָנָן. לֹא שַׁנְיָיא. הִיא בְחַיִים הִיא לְאַחַר מִיתָה. רִבִּי שִׁמְעוֹן בֶּן לָקִישׁ כְּדַעְתֵּיהּ. דְּאָמַר אֵין אָדָם יוֹרֵשׁ אֶת אִשְׁתּוֹ מִדְּבַר תּוֹרָה. עַל דַּעְתֵּיהּ דְּרִבִּי שִׁמְעוֹן בֶּן לָקִישׁ לֹא קִידְּשׁוּ. עַל דַּעְתֵּיהּ דְּרִבִּי יוֹחָנָן קִידְּשׁוּ וּפְקָעַת מִינַּיְיהוּ קְדוּשָּׁתָן.

HALAKHAH: “Rebbi Simeon says, in the circumstances where he was empowered,” etc. You say, at her entrance they are his: If she sold them they are not sold, if she gave them to a sharecropper he has the reward from it41The text may mean: He takes it away from him. In the first interpretation, the standing crop given to the sharecropper is counted as part of the latter’s compensation., if she dedicated them as First Fruits they are not dedicated42Since nobody can dedicate anything which is not his property and not in his possession. You say, at her exit they are hers, if he sold them they are not sold, if he gave them to a sharecropper she has the reward from it, if he dedicated them as First Fruits, this is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish, since they disagreed: 43The next few sentences are from Bikkurim 1:6, Notes 119–121. Cf. Sifry Deut. #301.(Deut. 26:11): ‘You shall enjoy all the good things that the Eternal, your God, gave to you and your house.’ This teaches that a person brings First Fruits from his wife’s property.” Rebbi Simeon ben Laqish said, after her death but not during her lifetime. Rebbi Joḥanan said, there is no difference, during her lifetime and after her death. Rebbi Simeon ben Laqish follows his own opinion since he said, a person does not inherit from his wife as a biblical rule44This is the common Sadducee-Karaite opinion that the wife is never mentioned in Num. 27:7–11 (only that the children inherit from their mother, Num. 36:3). In the Babli, Giṭṭin 47b. it is supposed that R. Simeon ben Laqish accepts that the wife is mentioned obliquely in Num. 27:11 and his disagreement with R. Joḥanan is about a technicality; the opinion attributed here to R. Simeon ben Laqish is attributed in the Babli, 84a, to Rav. In Bekhorot 52b, it is asserted without dissent that the husband’s right of inheritance is biblical. (Maimonides, Hilkhot Naḥalot 6:8, asserts that the husband’s right of inheritance from his wife is only rabbinic practice.). In the opinion of Rebbi Simeon ben Laqish it never was dedicated. In the opinion of Rebbi Joḥanan it is dedicated and the holiness is removed45If the First Fruits were dedicated during the marriage then the act of divorce removes the husband’s ownership and with it the dedication..

HALAKHAH: “Rebbi Simeon says, in the circumstances where he was empowered,” etc. You say, at her entrance they are his: If she sold them they are not sold, if she gave them to a sharecropper he has the reward from it41The text may mean: He takes it away from him. In the first interpretation, the standing crop given to the sharecropper is counted as part of the latter’s compensation., if she dedicated them as First Fruits they are not dedicated42Since nobody can dedicate anything which is not his property and not in his possession. You say, at her exit they are hers, if he sold them they are not sold, if he gave them to a sharecropper she has the reward from it, if he dedicated them as First Fruits, this is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish, since they disagreed: 43The next few sentences are from Bikkurim 1:6, Notes 119–121. Cf. Sifry Deut. #301.(Deut. 26:11): ‘You shall enjoy all the good things that the Eternal, your God, gave to you and your house.’ This teaches that a person brings First Fruits from his wife’s property.” Rebbi Simeon ben Laqish said, after her death but not during her lifetime. Rebbi Joḥanan said, there is no difference, during her lifetime and after her death. Rebbi Simeon ben Laqish follows his own opinion since he said, a person does not inherit from his wife as a biblical rule44This is the common Sadducee-Karaite opinion that the wife is never mentioned in Num. 27:7–11 (only that the children inherit from their mother, Num. 36:3). In the Babli, Giṭṭin 47b. it is supposed that R. Simeon ben Laqish accepts that the wife is mentioned obliquely in Num. 27:11 and his disagreement with R. Joḥanan is about a technicality; the opinion attributed here to R. Simeon ben Laqish is attributed in the Babli, 84a, to Rav. In Bekhorot 52b, it is asserted without dissent that the husband’s right of inheritance is biblical. (Maimonides, Hilkhot Naḥalot 6:8, asserts that the husband’s right of inheritance from his wife is only rabbinic practice.). In the opinion of Rebbi Simeon ben Laqish it never was dedicated. In the opinion of Rebbi Joḥanan it is dedicated and the holiness is removed45If the First Fruits were dedicated during the marriage then the act of divorce removes the husband’s ownership and with it the dedication..

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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