Rabbinic JudaismJerusalem Talmud Gittin 5.7HOLYMAP · SACRED TEXTS
The Jerusalem TalmudJerusalem Talmud Gittin 5.7

The Jerusalem Talmud

Jerusalem Talmud Gittin 5.7

1
English · Heinrich W. Guggenheimer

MISHNAH: There was no law of siqarii in Judea for those killed in the war. After those killed in the war there was a law of siqarii. How is this? If one bought from a siqarius and afterwards from the original owner, his acquisition is void; from the original owner and afterwards from the siqarius, his acquisition is valid. If one bought from a husband and afterwards from the wife, his acquisition is void; from the wife and afterwards from the husband, his acquisition is valid. This is the earlier Mishnah; a later court said that he who buys from a siqarius gives a quarter to the original owner. When is this? If they have no means to buy, but if they have the means to buy, they precede everybody else. Rebbi (Joshua) assembled a court who voted that if it was in the siqarius’s hand for twelve months, any who wants to buy shall buy and give a quarter to the original owner.

2
English · Heinrich W. Guggenheimer

HALAKHAH: “There was no law of siqariqon in Judea” etc. In earlier times they decided on a persecution in Judea because they had a tradition from their forefathers that Jehudah had killed Esaw, as it is written: “Your hand is on your enemies’ neck.” They went and enslaved them, took their fields and sold them to third parties. The original owners could come and repossess; therefore the land was left absolutely in the hand of the siqariqon since they refrained from buying. “They decreed that the law of siqariqon should not apply in Jehudah. When was this said? About war killings before the war. But about anybody killed in and after the war, the notion of siqariqon does not apply.” But are those killed before the war not like those killed after the war? Explain it that a siqariqon came and robbed and suppressed; there was no time left to write the sales contract before murder engulfed the entire world, that practice should not be partial.

3
English · Heinrich W. Guggenheimer

“The law of siqariqon always applies in Galilee.” The law of siqariqon does not apply to movables. It was stated: “The law of siqariqon does not apply to foreclosures for a debt and for tenant fees. [A foreclosure for nonpayment of] tenant fees waits twelve months for the owners.” Rebbi Judah ben Pazi said, after twelve months one announces on four consecutive Sabbaths. He explained it in two ways. If he took it from a tenant and gave it to a tenant and the first wants to foreclose, he says to him, are you not a tenant? Leave it for me and what you cut, you cut. If he took it from the owner and gave it to a tenant, the [owner] wants to foreclose, he tells him, what use do you have if you take it from me and he will take it from you, but what I can afford I shall give to you.

4
English · Heinrich W. Guggenheimer

So far, if there were two contracts. If there was one contract? Rebbi Ze‘ira and Rebbi Ila both say, certainly the sale is invalid; i. e., if he bought from the wife and then bought from the husband. Rebbi Ḥanina and Rebbi Bevon both said, certainly the sale is valid; i. e., if he bought from the husband and then bought from the wife. But is not all the wife’s property administered by the husband? For the yield.

5
English · Heinrich W. Guggenheimer

Rebbi Ḥizqiah in the name of Rebbi Aḥa: So it is: If he sold to a first person and she signed, to a second and a third and she signed, she can collect from the last. If it is insufficient, she collects from the one before the last. If this is insufficient, she collects from the one before the penultimate. On this, Rav said: For property which she brought him in her ketubah. But property which she brought to him as paraphernalia, she collects from any she wants.

6
English · Heinrich W. Guggenheimer

(The deaf-mute communicates by sign language.) They say, we had the means to buy; the buyer says, no. Rebbi Yose says, the field is always in the possession of the current owner since the burden of proof is on the claimant.

7
English · Heinrich W. Guggenheimer

Rav said, I was of the voters. There is no difference between a quarter in real estate or a quarter in money. Rebbi Yose ben Rebbi Abun said, real estate for a denar a γραμμάριον, in money a quarter is a tremis.

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Jerusalem Talmud Gittin 5.7English
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Jerusalem Talmud Gittin 5.70%

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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.

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