Rabbinic JudaismJerusalem Talmud Gittin 5.3HOLYMAP · SACRED TEXTS
The Jerusalem TalmudJerusalem Talmud Gittin 5.3

The Jerusalem Talmud

Jerusalem Talmud Gittin 5.3

1
English · Heinrich W. Guggenheimer

MISHNAH: One cannot collect for usufruct, for improvement of the land, or for sustenance of the wife and the daughters from incumbered property, for the public good.

2
English · Heinrich W. Guggenheimer

HALAKHAH: “One does not collect from encumbered property,” etc. Rebbi Ḥanina said, because they have no fixed amount.

3
English · Heinrich W. Guggenheimer

If [Reuben] robbed a field from Simeon and sold it to Levi, then Simeon came and foreclosed it from Levi; then Levi collects from Reuben’s encumbered property and Simeon collects the usufruct from Levi’s free property. If Levi in the meantime improved [the property], Levi collects the capital from Reuben’s encumbered property and the improvement from Simeon’s free property. Rebbi Ḥiyya in the name of Rebbi Joḥanan said, only if a third party’s buying preceded the improvement by this one. But if the improvement by this one preceded a third party’s buying, Levi can collect the capital even from Simeon’s encumbered property. Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan said: With usufruct one proceeds in the same way. If he spent four denars and the improvement is worth six, Levi collects four denars from Reuben’s encumbered property and another two from Simeon’s free property. Rebbi Abin in the name of the rabbis there: Since he did not enter with permission, his hand is weak against Simeon. Rebbi Yose ben Rebbi Abun in the name of the rabbis there: Since he entered with permission, his hand is strong against Reuben.

4
English · Heinrich W. Guggenheimer

Reuben robbed a field from Simeon and sold it to Levi; Levi went and gave it to Jehudah as a gift. Then Simeon foreclosed it from Jehudah. Jehudah has no regress on Levi since it was a gift. Levi has regress on Reuben since it was a sale. Did he not give it away as a gift? He can say to him, it was my intention to give it to him so he would return me favors. Reuben robbed a field from Simeon and gave it to Levi as a gift; Levi sold it to Jehudah. Jehudah has regress on Levi since he sold it; Levi has no regress on Reuben since it was a gift; as Rebbi Yose said in the name of the rabbis: No easement is created by a gift.

5
English · Heinrich W. Guggenheimer

Reuben robbed a field from Simeon and sold it to Levi, and he did not have time to write the foreclosure document before he died: whose is it? Rav Huna and Ḥiyya the son of Rav: One said, if he wrote the foreclosure document, it is Reuben’s, if not, it is Levi’s. The other one said, whether he wrote or did not write, it belongs to Levi. Rebbi Mana said, it is reasonable that it does not belong to Reuben since he can say to him, I sold you something which was not mine. Rebbi Yose said, it is not reasonable that it should not be Levi’s, since Reuben can tell him, is this not before you? You are good to confirm the sale.

6
English · Heinrich W. Guggenheimer

Can one collect dowry from encumbered property? Rebbi Ze‘ira said that Rebbi Joḥanan does not collect. Who collects? Rebbi Ḥanina and Rebbi Ila collect. Rebbi Yasa was appointed custodian of orphans’ property. There were orphan [girls] who asked for dowry. He brought the case before Rebbi Eleazar and Rebbi Simeon bar Yaqim. Rebbi Simeon bar Yaqim said, is it not better to provide for them from their father’s estate rather than from charity? Rebbi Eleazar said to him: If such a case came before our teachers, our teachers would not touch it; would we act? Rebbi Yose said, I shall give to them, and if some orphans would get up and complained, I would give it to them. They stood up and complained.

7
English · Heinrich W. Guggenheimer

A judgment was rendered for Ṣippor bat Absalom. Rebbi Simon and Rebbi Jacob bar Idi in the name of Rebbi Simeon bar Abba: I and our teachers collected for her from movables, following the custom of her place.

8
English · Heinrich W. Guggenheimer

Rav wrote to Rebbi, who transferred it to the Elder Rebbi Ḥiyya and Rebbi Ḥiyya wrote between the lines. If the orphans sold against the rules, one collects for dowry but one does not collect for sustenance. If they accepted a lien. I do not know what this lien is. Levi stated: Both for a lien made by the father and for a lien made by the son, one collects for dowry but one does not collect for sustenance. Rebbi Abba said, there is no mention of a lien made by the father, only a lien made by the son. If one cannot collect during the father’s lifetime, not so much less after the father’s death? Rebbi Ḥama bar Uqba in the name of Rebbi Yose bar Ḥanina: If the daughters are married, the widow is sustained by them. Rebbi Abba follows his own [opinion] and Rebbi Jehudah follows his own [opinion]. For the sister of Rebbi Yose bar Ḥanina in the name of Rebbi Yose ben Rebbi Ḥaggai: Even if they died, the widow is sustained by them.

9
English · Heinrich W. Guggenheimer

What is the situation of grandchildren? Rebbi Mana said, grandchildren are like children. Rebbi Yose said, grandchildren are not like children. Rebbi Samuel, son of Rebbi Yose ben Rebbi Ḥanina and Rebbi Mattaniah were sitting together. They wanted to say, the same situation applies to grandchildren here as there. Rebbi Yose ben Rebbi Ḥanina said to them, inheritance by biblical law jumped on grandchildren.

10
English · Heinrich W. Guggenheimer

There, we have stated: “You have in your hand a mina of my father’s; you have to get from me only 50 denars. He does not have to swear since he is like a person who returns a find.” Rebbi Eleazar said, in this case they instituted a regulation as they instituted for a find, as we have stated: “The finder of a lost object shall not swear because of the public good.” Rebbi Abba said, this Mishnah [applies] when he said to him, you found my two oxen. But if he said, I found your two oxen and returned both of them, but the other said, you returned only one, in that case they did not institute the rule. Rebbi Pedat in the name of Rebbi Joḥanan: In this case they did institute. But in the first case, it is a word of the Torah, as it was stated: I could think that if he said to him, you found my two oxen, but the other said, I found only one, should he be obligated [to swear]? The verse says, “or if he found a find and disowned it;” that excludes this one who did not disown. But if he said to him, I was standing on my roof when I saw you dragging away two tied oxen, two tied oxen you dragged away from me, and he says, only one I dragged away; in that case they made no regulation. Similarly: “I was standing with my father when he was dying and he claimed from you a mina and you agreed to it,” and the other says, “I agreed only for 50;” in that case they made no regulation.

1
Jerusalem Talmud Gittin 5.3English
2
Jerusalem Talmud Gittin 5.30%

The Jerusalem Talmud

Find your chapter.

2204 chapters

Make yourself comfortable.

PAGE COLOUR

TEXT SIZE

100%

Your preferences stay with you on this device.

ORIGINALS & TRANSLATIONS

Choose your edition.

Select one edition for quiet reading, or several to compare the words.

The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

Hebrew/Aramaic text: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015), via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

English translation: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015); commentary notes omitted, via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

↑
Explore the atlas
↑ ↓ to explore   ·   Enter to open   ·   Esc to close

PEOPLE · PLACES · HIGHER MEANING

Finding your place.

Preparing your experience…