Rabbinic JudaismJerusalem Talmud Kiddushin 1.4HOLYMAP · SACRED TEXTS
The Jerusalem TalmudJerusalem Talmud Kiddushin 1.4

The Jerusalem Talmud

Jerusalem Talmud Kiddushin 1.4

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English · Heinrich W. Guggenheimer

MISHNAH: Large animals by handing over and small by lifting, the words of Rebbi Meïr and Rebbi Eleazar. But the Sages say, small animals are taken possession of by drawing near.

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English · Heinrich W. Guggenheimer

HALAKHAH: “Large animals are taken possession of by handing over,” etc. Rebbi Huna said, the halter gives possession only for property of the proselyte. Rav Ḥizqiah, Rebbi Abba: Rebbi Eleazar asked, if there were ten camels tied one to another and he handed him the halter of one of them. Did he take possession of all of them or only of the one of which he handed him [the halter]? Rav Ḥisda said: “Draw this animal to take possession of it, he took possession. To take possession of its offspring, he did not take possession. To take possession of it together with its offspring, he took possession.” If somebody said to another person, draw this animal close to take possession of its load, would he not take possession? Rebbi Yose said, that is, if the animal was not pregnant. But if it was pregnant, they considered it as if carrying a load.

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English · Heinrich W. Guggenheimer

Rebbi Abba, Rav Huna in the name of Rav: One who handles a wine-skin and it splits in his hand is not responsible for it. Rebbi Yose ben Rebbi Abun, it is necessary even if he takes it in the store when he had no other intention than that no other person should take it. Can he take possession at a minimal rate? Rebbi Ḥaggai said in the name of Rebbi Yose: A Mishnah says that it cannot become his possession at a minimal rate, as we have stated there: “If somebody sells his wine to a Non-Jew. If he fixed the price before he measured, the proceeds are permitted; if he measured before he fixed the price, the proceeds are forbidden.” If you say that it can come into his possession at a minimal rate, even if he measured before he fixed the price, it should be as if he fixed the price before he measured and the proceeds would be permitted.

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English · Heinrich W. Guggenheimer

Samuel said, if somebody take a small gold vessel and it be snatched, who is responsible for it? Rebbi Samuel ben Eudaimon said, that is at Tyre or a similar place, at Caesarea or a similar place. But here, so far it usually would be recovered.

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English · Heinrich W. Guggenheimer

Rebbi Simeon ben Laqish in the name of Rebbi Yannai: If somebody sold a flock to another person, when [the seller] delivered the maškokît, [the buyer] took possession. What is maškokît? Some say, the shepherd’s staff. But some say, a whistle. And some say, the bell-wether.

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English · Heinrich W. Guggenheimer

Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: If somebody sell a cistern, when he handed over its pail [the buyer] took possession. Rebbi Immi in the name of Rebbi Joḥanan: If somebody sell a house, when [the buyer] stored there, he took possession. Rebbi Jehudah ben Pazi asked, what if he handed over the key? Rebbi Zachariah, son-in-law of Rebbi Levi, said: This is a disagreement between Rebbi Simeon and the Sages, as we have stated there: “If somebody hand over the key to his house to an ‘am ha’areṣ, the house is pure since he handed to him only the guarding of the key.” It was stated: “Rebbi Simeon declares impure.”

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English · Heinrich W. Guggenheimer

“Rebbi Abbahu said in the name of Rebbi Simeon ben Laqish: He who sells the tithes of his field to another person did not do anything; the future children of his slave girl to another person, he did not do anything; the fetus of his animal to another person, he did not do anything; the airspace of his dry land to another person, he did not do anything. But he may sell him a field and reserve the tithes for himself; a slave girl and reserve her children for himself; an animal and reserve her fetus for himself. Is it not impossible for a person to sell the airspace of his dry land to another person? Explain it if he tells him, tear out some grasses from that dry land to acquire its airspace. And here there is real estate before him and he says, pluck something from the ground so that one tenth of it be acquired by you.

8
English · Heinrich W. Guggenheimer

Rebbi Samuel, Rebbi Ze‘ira, Rebbi Ḥiyya bar Ashi said in the name of Rav: Drawing close does not acquire in a courtyard which belongs to neither of them. But Rebbi Ḥiyya stated in disagreement: “Under which circumstances did they say that movables are acquired by drawing close? In the public domain or in a courtyard which belongs to neither of them. But in the buyer’s domain he acquired the moment he accepted it. In the seller’s domain he does not acquire unless either he lifts it up or moves it out of its prior owner’s domain. In a domain where it was deposited he does not acquire unless he either is explicitly empowered or he leases its place.”

9
English · Heinrich W. Guggenheimer

“But the Sages say, small animals are taken possession of by drawing near.” What is the reason of the rabbis? “Draw near and take for yourselves small animals for your families.” As Rav Jehudah sent to ask: By what means is possession of large animals established? He answered, by handing over; and asked, is that not the Mishnah? There are Tannaïm who switch the attributions. Rav Jehudah asked Rebbi Eleazar: If a firstborn became “torn” within thirty days? He answered, he is as if dead and free from the five tetradrachmas of a son. Rav Jehudah sent and asked Rebbi Eleazar: A placenta which was delivered partially today and partially tomorrow? He answered, for pure blood she counts from the first day, for impure blood from the second day. Rebbi Mattaniah said, that is, if no child was produced with it. But if there was a child, both for pure and impure blood she counts only from the moment of birth of the child.

10
English · Heinrich W. Guggenheimer

Rav Jehudah sent to Rebbi Eleazar: If a keeper give to another keeper. He answered, the first is responsible. Rebbi Joḥanan said, the second is responsible. Rebbi Simeon ben Laqish said, the second is responsible. There, we have stated: “If somebody leases a cow from another person and lends it to a third party; if it died naturally, the lessee has to swear that it died naturally and the borrower has to pay to the lessee. Rebbi Yose said, how can this person make a deal with another’s cow? But the cow’s [price] has to be restituted to the owner.” Rebbi Hila in the name of Rebbi Yannai: Only if he gave permission to lend to others. Also Rebbi Ḥiyya stated thus: “The borrower cannot lend, nor the lessee lease, nor the borrower lease, nor the lessee lend, nor the trustee give to another unless they received permission from the owners. And all who changed the titles without the owners’ knowledge are liable. But the borrower is liable even if he did not change.” But it is because we stated: “An unpaid watchman can stipulate to be exempt from an oath and the borrower may stipulate that he not have to pay.” This means that even if he stipulated to be exempt he is obligated. What if he wanted to let the borrower swear? Let us hear from the following: “If he wrote to her: ‘I have no vow or oath against you,’ he cannot make her swear, but he can ask an oath from the heirs or her business associates.” This implies that if he wanted to make the borrower swear, he can force him to swear. The second case teaches about the first, that if he wants to force the wife to swear, he can make her swear. Rebbi Ḥanina said, it is not necessary to derive the first case from the second, and what does one learn for the second case from the first? Following what Rebbi Hila said in the name of Rebbi Yannai: Only if he gave permission to lend to others. And here, only if he gave permission to let her sons be stewards. Rebbi Yose said, he has to pay the lease the entire time it is leased to him. Rebbi Ze‘ira asked Rebbi Abinna: If the owners borrowed it and it died? He said to him, we hold that they ate it. Rebbi Yose bar Abun said, if they ate it, they ate their own property. Rebbi Ze‘ira asked before Rebbi Yasa: How does one act? He said to him, there are two against four; one does not act following the argument. He said to him, they are two against two! Rebbi Eleazar is the Elder Rebbi Ḥiyya’s student; Rebbi Joḥanan is Rebbi Yannai’s student.

11
English · Heinrich W. Guggenheimer

Rav Jehudah sent asking from Rebbi Eleazar: If brothers split [the estate] and then one of them entered a levirate marriage? He answered, the property of the deceased is like common property. Ulla bar Ismael said, it is found that in Rebbi Eleazar’s opinion there is no difference whether they split and then one of them entered a levirate marriage or one of them entered a levirate marriage and then they split, but all of them share in the property of the deceased. Why did he not say so? He answered what was asked of him. And why did he not ask? Because of what Rebbi Abinna said in the name of Rebbi Assi: If a first-born shared as a common son, it is prima facie evidence that he renounced his prerogative.

12
English · Heinrich W. Guggenheimer

Rav Jehudah sent and asked Rebbi Eleazar: Brothers who split? He answered, they divide what they are wearing but not what their sons and daughters are wearing. Rebbi Immi said, if one makes an appraisal for his wife, this is counted for himself and becomes part of the common estate to be distributed. If one makes a necklace for his wife, this is not of the common estate to be distributed if it is to be used on weekdays. But if it is made to be used on holidays, it becomes part of the common estate to be distributed. Rebbi Mana said, holiday dresses are distributed. Sabbath dresses are problematic. It is obvious for Rebbi Abin that both holiday and Sabbath dresses become part of the common estate and are distributed. Rebbi Ze‘ira asked before Rebbi Mana: What about spherules? He answered, you understand this since you own many spherules. He said to him, they become part of the common estate to be distributed.

13
English · Heinrich W. Guggenheimer

Rav Jehudah sent and asked Rebbi Eleazar: May one foreclose slaves with real estate? He answered, one may foreclose slaves with real estate. Rebbi Eleazar instructed those from the House of Rebbi Yannai to foreclose slaves with real estate.

14
English · Heinrich W. Guggenheimer

Rav Jehudah sent and asked Rebbi Eleazar: The extortionist, and the robber, and the thief? He answered, it is assumed that the owners do not deal with the dead animal. From where that the owners do not deal with the dead animal? Rebbi Abba bar Mamal said, “alive, he shall pay double,” but not dead animals. That refers to theft; for robbery? Rebbi Abun said, “he shall return the robbed object which he robbed,” as it was.

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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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