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The Jerusalem TalmudJerusalem Talmud Kiddushin 1.5

The Jerusalem Talmud

Jerusalem Talmud Kiddushin 1.5

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English · Heinrich W. Guggenheimer

MISHNAH: Guaranteed properties can be acquired by money, or contract, or possession. Not guaranteed properties can be acquired only by drawing close. Not guaranteed properties can be acquired together with guaranteed properties by money, or contract, or possession. Not guaranteed properties can force [the owner of] guaranteed properties to swear about them.

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English · Heinrich W. Guggenheimer

HALAKHAH: “Guaranteed properties,” etc. In earlier times, transfer of possession was effected by taking off a shoe. That is what is written: “This was earlier in Israel about redemption and exchange, a person would take off his shoe.” Who took it off? There, they say Rav and Levi, one said the acquirer, and one said the transferer. It turns out that this disagreement parallels the following disagreement which was stated: Boaz was giving to the redeemer; Rebbi Jehudah said that the redeemer gave to Boaz.

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English · Heinrich W. Guggenheimer

Then they changed it to clipping. What is clipping? If a man sold his inherited field, his relatives brought amphoras, filled them with roasted kernels and nuts and broke them before children. The children were collecting them and saying, X was clipped from his inheritance. When he brought it back, they were doing the same and saying, X returned to his inheritance. Rebbi Yose ben Rebbi Abun said, also if a man married an unsuitable woman, his relatives brought amphoras, filled them with roasted kernels and nuts and broke them before children. The children were collecting them and saying, X was clipped from his family. When he divorced her, they were doing the same and saying, X returned to his family.

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English · Heinrich W. Guggenheimer

Then they changed it to acquisition by money, by document, or by possession. By money: “Fields will be bought by money,” that is money. “Writing on a scroll and signing”, these are the witnesses on the contract. “And testifying of witnesses,” these are the witnesses to possession. Or maybe these are only the witnesses to the contract? These are already written: “Writing on a scroll and signing.”

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English · Heinrich W. Guggenheimer

Rebbi Yasa in the name of Rebbi Mana bar Tanḥum, Rebbi Abbahu in the name of Rebbi Joḥanan: Real estate cannot be bought for less than a peruṭah. What is the reason? “Fields will be bought by money.” This disagrees with what Rebbi Ḥanina said: All šeqalim mentioned in the Torah are tetradrachmas, in the Prophets pounds, and in the Hagiographs centenarii, except for the šeqalim paid to Ephron. What is the reason? “For full money he shall give it to me.” There is no comparison since here it is written “money” but there “šeqalim”. They objected, is there not the rapist, for whom “money” is written and you say “šeqalim”.

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English · Heinrich W. Guggenheimer

This does not follow Rebbi Eliezer, for Rebbi Eliezer said that walking acquires. If one walked across a field in length and breadth, he acquired up to the place he walked, the words of Rebbi Eliezer. But the Sages say that he did not acquire up to the moment he acted in possession. Everybody agrees that if somebody sells a path to another, when the latter went, he acquired. What is the reason? “Arise, walk in the Land, etc.”

7
English · Heinrich W. Guggenheimer

By document. Rebbi Jeremiah thought to say, by a contract without obligating money, but with a contract obligating money he did not acquire until he paid. Rebbi Jonah and Rebbi Yose both said, he acquired even if he did not pay. A baraita supports Rebbi Jonah and Rebbi Yose: “If he sold him ten fields together, when he took possession of one of them, he took possession of all of them. But if he only paid the amount for one or wrote the deed only for one of them he acquired only the one which was sold to him.” Does there exist a deed without money? If you say, we hold that he paid for all of them, did it not say: “the amount of one”? It must be one or the other.

8
English · Heinrich W. Guggenheimer

“By money.” Rebbi Abba was of the opinion, by money if there was no intention to write a deed. But if money was given with the intention to write a deed for him, possession was transferred only when the deed was written. Rebbi Jonah and Rebbi Yose disagree. It follows that Rebbi Abba parallels Samuel and Rav Huna Rebbi Joḥanan. Rebbi Abba parallels Samuel. Samuel asked Rav Ḥuna: He was slaughtering sacrifices while being occupied? He answered, “for your intention,” this excludes one otherwise occupied. If one wrote a gift in the language of a sale? He answered, he made it ride on two racing horses; Rebbi Abba said this; Samuel did not accept it. What means “he made it ride on two shining racing horses”? They wanted to say, one brings two crazy horses and makes it ride on both. One goes in one direction and the other in another; he has nothing in his hand. Rebbi Yose from Mamelia said, he doubly empowered him, for there is a title guarantee in a sale but none for a gift; the seller did not sell everything but the giver of a gift gave everything. And Rav Ḥuna parallels Rebbi Joḥanan. A person, when he lay dying, said: my property should be given to X. Afterwards he said: write and deliver. Rebbi Eleazar and Rebbi Simeon bar Yaqim brought the case before Rebbi Joḥanan who said: If he said to transfer to him, everybody agrees that he entered into possession. If the transfer was to be in writing, everybody agrees that nobody transfers rights in writing after his death. Who would notify the greatness? Explain it if witnesses know. Think of it, if no witnesses know it? Rebbi Yose said, the field remains in the hand of its proprietors; the burden of proof is on the claimant.

9
English · Heinrich W. Guggenheimer

From where that non-guaranteed property may be acquired together with guaranteed property, by money, document, or by possession? Rebbi Yose in the name of Ḥizqiah; Rebbi Jonah, Rebbi Ḥanina Tortaya in the name of Ḥizqiah, it is written (2Chr. 21:3): “Their father gave them many gifts, silver and gold and delicacies, with fortified cities in Jehudah.” So far real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Meron was dwelling in Jerusalem, who was rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages and they upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place; here, however, the real estate was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? Is not the sick person for Rebbi Eliezer like the sick person for the rabbis? He said to him: The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

10
English · Heinrich W. Guggenheimer

There, we have stated: “Any real estate is subject to peah and first fruits, the words of Rebbi Aqiba.” What is the use of “any” real estate? Rebbi Mattaniah said, explain it if it had space for one stalk but a pearl was hidden in it.

11
English · Heinrich W. Guggenheimer

Rebbi Yasa in the name of Rebbi Joḥanan: If two fields were involved, one in Judea and one in Galilee. If he took possession of the one in Judea with the intent of taking possession of the one in Galilee, or the one in Galilee with the intent of taking possession of the one in Judea, he took possession. But in [the case of] property of a proselyte he did not acquire even the boundary strip between them. Rebbi Ze‘ira asked before Rebbi Yasa: If he intended to acquire starting from the boundary strip and below? Rav Ḥisda said, property of a proselyte which he took possession of in the North with the intent of also acquiring that in the South, or in the South with the intent of acquiring also that in the North, but did not have the intent of acquiring the strip in the middle, he did not acquire unless he also intended to acquire the middle part. A baraita disagrees with Rav Ḥisda: If a proselyte died and Jews plundered his property, if one takes possession of the ground he is obligated for everything. If he took possession of standing grain, he is obligated for fallen stalks, forgotten sheaves, and peah but freed from tithes. Does not the air separate between stalks? There, we have stated: “If he tore off anything connected to the ground, he took possession.” Samuel said, he took possession only of that leaf. But did we not state: “If it was connected to the ground and he tore off anything, he took possession”? Rebbi Yose said, Rebbi Eudaimon the emigrant confirmed it: Samuel will agree, for proselyte’s property.

12
English · Heinrich W. Guggenheimer

Rebbi Joḥanan asked: Can movables be taken into possession by dragging? Rebbi Abba bar Mamal said, what is his problem? With hard hides. But soft hides are not taken into posession until lifted. A baraita disagrees with Rebbi Abba bar Mamal: If somebody steals another person’s pouch and removes it on the Sabbath, he is obligated since he already is obligated for the theft of the wallet before he comes in conflict with the holiness of the Sabbath. But if he was dragging it until he left, he is free since the obligations of capital crime and restitution fall on him simultaneously. Therefore, if the obligations of capital crime and restitution do not fall on him simultaneously he is obligated. Rebbi Mattania said, explain it with large pouches which usually are dragged.

13
English · Heinrich W. Guggenheimer

From where did they learn rollover of oaths? From the suspected wife: Amen from this man, Amen from any other man. That refers to subjects he is able to make her swear about. What about subjects he is not able to make her swear about? Rebbi Yose ben Rebbi Abun said, let us hear from the following: “Amen that I was not deviant preliminarily married and married, waiting for the levir and taken in.” Can he make her swear when she is preliminarily married or waiting for the levir? Nevertheless one rolls over.

14
English · Heinrich W. Guggenheimer

Some Tannaïm state: Since this one is subject to curse and oath, so also all who have to swear are under curse and oath. Some Tannaïm state: This one is subject to curse and oath, but no others who have to swear are under curse and oath. They wanted to say, the one who said, since this one is subject to curse and oath, so also all who have to swear are under curse and oath, is understandable. The one who said, this one is subject to curse and oath, but no others who have to swear are under curse and oath, can you infer for rollover only but not for oath? Some Tannaïm state: Since this one is subject to Amen, Amen, so also all who have to swear are under Amen, Amen. Some Tannaïm state: This one is subject to Amen, Amen, but no others who have to swear are under Amen, Amen. They wanted to say, the one who said, since this one is subject to Amen, Amen, so also all who have to swear are under Amen, Amen, is understandable. The one who said, this one is subject to Amen, Amen, but no others who have to swear are under Amen, Amen, did one not infer rollover of oaths from the suspected wife? Can you infer for rollover only but not for Amen, Amen?

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Jerusalem Talmud Kiddushin 1.5English
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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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