Talmud Yerushalmi
Yerushalmi Shevuot 5:6 ירושלמי שבועות ה׳:ו׳
Part of: Chapter 5
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משנה: גָּנַבְתָּ אֶת שׁוֹרִי וְהוּא אוֹמֵר לֹא גָנַבְתִּי מַשְׁבִּיעֲךָ אָנִי וְאָמַר אָמֵן חַיָיב. גָּנַבְתִּי אֲבָל לֹא טָבַחְתִּי וְלֹא מָכַרְתִּי מַשְׁבִּיעֲךָ אָנִי וְאָמַר אָמֵן פָּטוּר. הֵמִית שׁוֹרְךָ אֶת שׁוֹרִי וְהוּא אוֹמֵר לֹא הֵמִית מַשְׁבִּיעֲךָ אָנִי וְאָמַר אָמֵן חַיָיב. הֵמִית שׁוֹרְךָ אֶת עַבְדִּי וְהוּא אוֹמֵר לֹא הֵמִית מַשְׁבִּיעֲךָ אָנִי וְאָמַר אָמֵן פָּטוּר. אָמַר לוֹ חָבַלְתָּ בִּי וְעָשִׂיתָ בִּי חַבּוּרָה וְהוּא אוֹמֵר לֹא חָבַלְתִּי וְלֹא עָשִׂיתִי בְךָ חַבּוּרָה מַשְׁבִּיעֲךָ אָנִי וְאָמַר אָמֵן חַיָיב. אָמַר לֹו עַבְדּוֹ הִפַּלְתָּ אֶת שִׁנִּי וְסִימִּיתָ אֶת עֵינִי וְהוּא אוֹמֵר לֹא הִפַּלְתִּי וְלֹא סִימִּיתִי מַשְׁבִּיעֲךָ אָנִי וְאָמַר אָמֵן פָּטוּר. זֶה הַכְּלָל כָּל הַמְשַׁלֵּם עַל פִּי עַצְמוֹ חַיָיב. וְשֶׁאֵינוֹ מְשַׁלֵּם עַל פִּי עַצְמוֹ פָּטוּר:
MISHNAH: “You stole my ox,” but he says “I did not steal;” “I am asking you to swear” and he says “Amen”, he is liable. “I stole but I did not slaughter or sell it;” “I am asking you to swear” and he says “Amen”, he is not liable85Since he denied only the fine, not the capital amount.. “Your ox killed my ox,” but he says “he did not kill;” “I am asking you to swear” and he says “Amen,” he is liable.
“Your ox killed my slave,” but he says “he did not kill;” “I am asking you to swear” and he says “Amen”, he is not liable86Since the amount payable is the biblically fixed amount of 30 šeqalim, about a Roman pound of silver (Ex. 21:32), it has the status of a fine.. He said to him, “you hurt me and injured me,” but he says “I did not hurt you and I did not injure you;” “I am asking you to swear” and he says “Amen”, he is liable. His slave said to him, “you knocked out my tooth and blinded my eye,” but he says “I did not knock out your tooth or blind your eye;” “I am asking you to swear” and he says “Amen”, he is not liable87The obligation of the master to manumit the slave whom he has injured is biblical and has the character of a fine.. This is the principle, anybody who has to pay on his own admission is liable; but anybody who does not have to pay on his own admission is not liable88The person who denies any fine adjudicated under criminal law..
MISHNAH: “You stole my ox,” but he says “I did not steal;” “I am asking you to swear” and he says “Amen”, he is liable. “I stole but I did not slaughter or sell it;” “I am asking you to swear” and he says “Amen”, he is not liable85Since he denied only the fine, not the capital amount.. “Your ox killed my ox,” but he says “he did not kill;” “I am asking you to swear” and he says “Amen,” he is liable.
“Your ox killed my slave,” but he says “he did not kill;” “I am asking you to swear” and he says “Amen”, he is not liable86Since the amount payable is the biblically fixed amount of 30 šeqalim, about a Roman pound of silver (Ex. 21:32), it has the status of a fine.. He said to him, “you hurt me and injured me,” but he says “I did not hurt you and I did not injure you;” “I am asking you to swear” and he says “Amen”, he is liable. His slave said to him, “you knocked out my tooth and blinded my eye,” but he says “I did not knock out your tooth or blind your eye;” “I am asking you to swear” and he says “Amen”, he is not liable87The obligation of the master to manumit the slave whom he has injured is biblical and has the character of a fine.. This is the principle, anybody who has to pay on his own admission is liable; but anybody who does not have to pay on his own admission is not liable88The person who denies any fine adjudicated under criminal law..
הלכה: גָּנַבְתָּה אֶת שׁוֹרִי כול׳ עַד סוֹף פִּירְקָא. רִבִּי יִצְחָק שָׁאַל. מָהוּ שֶׁיְּשַׁלֵּם דְּמֵי הָעֶבֶד מִפִּיו. וּמַה צְרִיכָה לֵיהּ. כָּל שְׁלשִׁים קְנָס אוֹ יוֹתֵר בְּדָמָיו קְנָס. אִין תֵּימַר. כָּל שְׁלֹשִׁים קְנָס. אֵין מְשַׁלֵּם. אִין תֵּימַר. יוֹתֵר בְּדָמָיו קְנָס. מְשַׁלֵּם. תַּמָּן תַּנִּינָן. הֵמִית שׁוֹרְךָ עַבְדִּי. וְהוּא אָמַר. לֹא הֵמִית . מַשְׁבִּיעֲךָ אָנִי. וְאָמַר אָמֵן. פָּטוּר. אָמַר רִבִּי חַגַּיי קוֹמֵי רִבִּי יֹוסֵי. תִּיפְתָּר שֶׁהֵמִית עֶבֶד מוּכֶּה שְּׁחִין. אָמַר לֵיהּ. וָמוֹר דְּבַתְרָהּ. הֵמִית שׁוֹרְךָ בְּנִי. וְהוּא אוֹמֵר. לֹא הֵמִית. מַשְׁבִּיעֲךָ אָנִי. וְאָמַר אָמֵן. חַיָיב. וּפְתָרָהּ בְּמוּכֶּה שְּׁחִין וְיהֵא פָטוּר. לֵית יְכִיל. דְּתַנִּינָן. הֵמִית בֶּן חוֹרִין נוֹתֵן שָׁוְייוֹ. אָמַר רִבִּי עֶזְרָא קַמֵּי רִבִּי מָנָא. תִּיפְתָּר כְּמָאן דָּמַר. וְנָתַן פִּדְיוֹן נַפְשׁוֹ שֶׁלְּנִיזָּק. אָמַר לֵיהּ. אִין כְּמָאן דָּמַר. וְנָתַן פִּדְיוֹן נַפְשׁוֹ שֶׁלְּנִיזָּק. כּוּלּוֹ קְנָס.
HALAKHAH: “ “You stole my ox,” etc. to the end of the Chapter. 89The entire Halakhah is also in Ketubot3:10, Notes 143–156. Rebbi Isaac asked, should one have to pay the value of the slave by his admission? But what is his problem? Are the entire thirty a fine86Since the amount payable is the biblically fixed amount of 30 šeqalim, about a Roman pound of silver (Ex. 21:32), it has the status of a fine. or is only the excess over his value a fine? If you say, all the thirty are a fine, he does not pay. If you say, the excess over his value is a fine, he pays. There, we have stated: “ ‘Your ox killed my slave’, but he says ‘he did not kill;’ ‘I am asking you to swear’ and he says ‘Amen’, he is not liable.” Rebbi Ḥaggai said before Rebbi Yose: Explain it if he killed a slave covered with boils. He said to him, but it says afterwards, “ ‘Your ox killed my son’, but he says ‘he did not kill;’ ‘I am asking you to swear’ and he says ‘Amen’, he is liable.90This baraita is not found in any other source.” You could explain it if he was covered with boils, then he would not be liable! You cannot do this, as we have stated91Mishnah `Arakhin3:3, about a person killed by an ox known as goring. The entire sentence is not found in Ketubot; this seems to point to Ševuot as the primary source.: “If he killed a human, he has to pay his worth.” Rebbi Ezra said before Rebbi Mana92In Ketubot: R. Ḥaggai before R. Yose; probably dittography. Explain it following him who said, he shall pay redemption of his person; of the injured93Ex. 21:30. It is not clear whether “his” refers to the slain person or the owner of the dangerous ox (Bava qamma4:8 Note 108). In Ketubot one reads the verse as referring to the owner of the ox; then it is obvious that the money is a fine even though its amount is not biblically fixed. On the face of it, this reading might be preferred; cf. Mekhilta dR. Ismael and Mekhilta dR. Simeon ben Ioḥai ad Ex. 21:30. Rashi in `Arakhin points to Ex. 21:30 as the source of the Mishnah there; the addition of the sentence (Note 91) supports the reading here as correct and that in Ketubot as corrected lectio facilior. Even according to the reading here, the identification of the redemption money as weregilt defines it as a fine.. He said to him, if following him who said, he shall pay redemption of his person; of the injured, all is a fine
HALAKHAH: “ “You stole my ox,” etc. to the end of the Chapter. 89The entire Halakhah is also in Ketubot3:10, Notes 143–156. Rebbi Isaac asked, should one have to pay the value of the slave by his admission? But what is his problem? Are the entire thirty a fine86Since the amount payable is the biblically fixed amount of 30 šeqalim, about a Roman pound of silver (Ex. 21:32), it has the status of a fine. or is only the excess over his value a fine? If you say, all the thirty are a fine, he does not pay. If you say, the excess over his value is a fine, he pays. There, we have stated: “ ‘Your ox killed my slave’, but he says ‘he did not kill;’ ‘I am asking you to swear’ and he says ‘Amen’, he is not liable.” Rebbi Ḥaggai said before Rebbi Yose: Explain it if he killed a slave covered with boils. He said to him, but it says afterwards, “ ‘Your ox killed my son’, but he says ‘he did not kill;’ ‘I am asking you to swear’ and he says ‘Amen’, he is liable.90This baraita is not found in any other source.” You could explain it if he was covered with boils, then he would not be liable! You cannot do this, as we have stated91Mishnah `Arakhin3:3, about a person killed by an ox known as goring. The entire sentence is not found in Ketubot; this seems to point to Ševuot as the primary source.: “If he killed a human, he has to pay his worth.” Rebbi Ezra said before Rebbi Mana92In Ketubot: R. Ḥaggai before R. Yose; probably dittography. Explain it following him who said, he shall pay redemption of his person; of the injured93Ex. 21:30. It is not clear whether “his” refers to the slain person or the owner of the dangerous ox (Bava qamma4:8 Note 108). In Ketubot one reads the verse as referring to the owner of the ox; then it is obvious that the money is a fine even though its amount is not biblically fixed. On the face of it, this reading might be preferred; cf. Mekhilta dR. Ismael and Mekhilta dR. Simeon ben Ioḥai ad Ex. 21:30. Rashi in `Arakhin points to Ex. 21:30 as the source of the Mishnah there; the addition of the sentence (Note 91) supports the reading here as correct and that in Ketubot as corrected lectio facilior. Even according to the reading here, the identification of the redemption money as weregilt defines it as a fine.. He said to him, if following him who said, he shall pay redemption of his person; of the injured, all is a fine
מָהוּ שֶׁיֹּאמַר לוֹ. צֵא יְדֵי שָׁמַיִם. נִישְׁמְעִינָהּ מִן הָדָא. מַעֲשֶׂה בְּרַבָּן גַּמְלִיאֵל שֶׁהִפִּיל שֶׁן טַבִּי עַבְדּוֹ. אָתָא גַבֵּי רִבִּי יְהוֹשֻׁעַ. אָמַר לֵיהּ. טַבִּי עַבְדִּי מָצָאתִי עִילָּה לְשַׁחְרְרוֹ. אָמַר. לֵית בְּיָדָךְ. וְאֵין קְנָסוֹת אֶלָּא בְעֵדִים וּבְבֵית דִּין. הָדָא אָמְרָה שֶׁאֵין אוֹמֵר לֹו. צֵא יְדֵי שָׁמַיִם. רִבִּי גַּמְלִיאֵל בֵּירִבִּי אִלָעִאי בְּעָא קוֹמֵי רִבִּי מָנָא. רַבָּן גַּמְלִיאֵל כְּמָאן דְּאָמַר. מוּתָּר לְשַׁחְרֵר. אָמַר לֵיהּ. גַּרְמָהּ אָמְרָה שֶׁאָסוּר לְשַׁחְרֵר. דִּלֹא כֵן הָיָה לוֹ לְשַׁחְרְרוֹ מִשָּׁעָה רִאשׁוֹנָה.
Does one tell him, be in the clear with Heaven? Let us hear from the following94Babli Bava qamma74b.: “It happened that Rabban Gamliel knocked out a tooth of his slave Tabi. He came to Rebbi Joshua and said to him, I found a reason to manumit my slave Tabi. He told him, you have nothing in your hand; fines only are imposed through witnesses and in court.” This implies that one does not tell him, be in the clear with Heaven. Rebbi Gamliel ben Rebbi Illai95In Ketubot: ben Avina, at other places ben Ininia. R. Mana here is R. Mana I; in the preceding paragraph he was R. Mana II. asked before Rebbi Mana, does Rabban Gamliel hold with him who says, one is permitted to manumit? He told him, in itself it says that it is forbidden to manumit, for otherwise he should have manumitted him immediately.
Does one tell him, be in the clear with Heaven? Let us hear from the following94Babli Bava qamma74b.: “It happened that Rabban Gamliel knocked out a tooth of his slave Tabi. He came to Rebbi Joshua and said to him, I found a reason to manumit my slave Tabi. He told him, you have nothing in your hand; fines only are imposed through witnesses and in court.” This implies that one does not tell him, be in the clear with Heaven. Rebbi Gamliel ben Rebbi Illai95In Ketubot: ben Avina, at other places ben Ininia. R. Mana here is R. Mana I; in the preceding paragraph he was R. Mana II. asked before Rebbi Mana, does Rabban Gamliel hold with him who says, one is permitted to manumit? He told him, in itself it says that it is forbidden to manumit, for otherwise he should have manumitted him immediately.