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8:7:1

משנה: נָפְלוּ לָהּ זֵיתִים וּגְפָנִים זְקֵנִים יִימָּכְרוּ לְעֵצִים וְיִלָּקַח בָּהֶן קַרְקַע וְהוּא אוֹכֵל פֵּירוֹת. רִבִּי יְהוּדָה אוֹמֵר לֹא תִמְכּוֹר מִפְּנֵי שֶׁהֵן שְׁבָח בֵּית אָבִיהָ.

MISHNAH: If she inherited old vines or olive trees, they should be sold for their wood and real estate bought with the proceeds, of which he eats the yield. Rebbi Jehudah49It seems that Alfassi reads “Rabban Simeon ben Gamliel”, with the Munich ms. of the Babli (38b in the Wilna edition.) says, she does not have to sell46He cannot sell her family’s slaves against her will. because they are the glory of her father’s house.

MISHNAH: If she inherited old vines or olive trees, they should be sold for their wood and real estate bought with the proceeds, of which he eats the yield. Rebbi Jehudah49It seems that Alfassi reads “Rabban Simeon ben Gamliel”, with the Munich ms. of the Babli (38b in the Wilna edition.) says, she does not have to sell46He cannot sell her family’s slaves against her will. because they are the glory of her father’s house.

8:7:2

הלכה: נָפְלוּ לָהּ זֵתִים וּגְפָנִים כול׳. רַב אָבוּן בְשֵׁם רַבָּנִין דְּתַמָּן. מַתְנִיתָא בְּשֶׁנָּפְלוּ לָהּ זֵתִים וְלֹא קַרְקָעָן. גְּפָנִים וְלֹא קַרְקָעָן. אֲבָל אִם נָפְלוּ לָהּ זֵתִים וְקַרְקָעָן גְּפָנִים וְקַרְקָעָן לֹא תִקּוֹץ. שֶׁאַדַּיִין שְׁבָח בֵּית אָבִיהָ קַיָים. וְרַבָּנִין דְּהָכָא אָמְרִין. אֲפִילוּ נָפְלוּ לָהּ זֵתִים וְקַרְקָעָן גְּפָנִים וְקַרְקָעָן. לֹא דְמֵי בֵית זֵיתָא דְנָפְלוּ וְלֹא דְמֵי בֵית כָּרְמָא דְנָפְלוּ. מַתְנִיתָא מְסַיְיעָא לְרַבָּנִין דְּתַמָּן. כַּרְמָא אֲנִי מוֹכֵר לָךְ. אַף עַל פִּי שֶׁאֵין בּוֹ גְפָנִים הֲרֵי זֶה מָכוּר. שֶׁלֹּא מָכַר לוֹ אֶלָּא שְׁמוֹ. פַּרְדֵּיסָא אֲנִי מוֹכֵר לָךְ. אַף עַל פִּי שֶׁאֵין בּוֹ אִילָנוֹת הֲרֵי זֶה מָכוּר. שֶׁלֹּא מָכַר לוֹ אֶלָּא שְׁמָן.

HALAKHAH: “If she inherited old vines or olive trees,” etc. Rav Abun in the name of the rabbis there50According to the Babli, 79b, these Babylonian rabbis are Rav Cahana in the name of Rav.: The Mishnah deals with the case that she inherited olive trees but not their ground, vines but not their ground51Therefore, if one waits until the trees have died, all value from the inheritance is lost.. But if she inherited olive trees with their ground, vines with their ground, she does not have to sell since her father’s house’s glory still exists52On condition that the orchard or the vineyard be generally known as “her father’s orchard or vineyard.”. But the rabbis here say, even if she inherited olive trees with their ground, vines with their ground, did she not inherit the value of the olive grove, did she not inherit the value of the vineyard? A baraita53The remainder of this paragraph is from Ma‘serot 2:5, Notes 107,108. The quote is from Tosephta Baba Batra 6:18, Babli Baba Batra7a,Baba Meṣi‘a 104a. supports the rabbis there: “ ‘I am selling you the vineyard’, this is a valid sale even if there are no vines since he sells him [the real estate] by description54If the lot was popularly known as “vineyard” or “olive grove”.. ‘I am selling you the grove’, this is a valid sale even if there are no trees since he sells him [the real estate] by description.”

HALAKHAH: “If she inherited old vines or olive trees,” etc. Rav Abun in the name of the rabbis there50According to the Babli, 79b, these Babylonian rabbis are Rav Cahana in the name of Rav.: The Mishnah deals with the case that she inherited olive trees but not their ground, vines but not their ground51Therefore, if one waits until the trees have died, all value from the inheritance is lost.. But if she inherited olive trees with their ground, vines with their ground, she does not have to sell since her father’s house’s glory still exists52On condition that the orchard or the vineyard be generally known as “her father’s orchard or vineyard.”. But the rabbis here say, even if she inherited olive trees with their ground, vines with their ground, did she not inherit the value of the olive grove, did she not inherit the value of the vineyard? A baraita53The remainder of this paragraph is from Ma‘serot 2:5, Notes 107,108. The quote is from Tosephta Baba Batra 6:18, Babli Baba Batra7a,Baba Meṣi‘a 104a. supports the rabbis there: “ ‘I am selling you the vineyard’, this is a valid sale even if there are no vines since he sells him [the real estate] by description54If the lot was popularly known as “vineyard” or “olive grove”.. ‘I am selling you the grove’, this is a valid sale even if there are no trees since he sells him [the real estate] by description.”

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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