Rabbinic JudaismJerusalem Talmud Shevuot 7.7HOLYMAP · SACRED TEXTS
The Jerusalem TalmudJerusalem Talmud Shevuot 7.7

The Jerusalem Talmud

Jerusalem Talmud Shevuot 7.7

1
English · Heinrich W. Guggenheimer

MISHNAH: If she had compromised her ketubah, she shall not be able to collect without an oath. If one witness testifies that [the ketubah] was paid, she shall not be able to collect without an oath. From encumbered property, or from orphans’ property, she shall not be able to collect without an oath. If she collects in his absence, she shall not be able to collect without an oath. Similarly, the orphans can collect only by an oath; “an oath that our father did not instruct us, our father did not tell us, and we found nothing in our father’s documents that this note of indebtedness was paid.” Rebbi Joḥanan ben Beroqa testified that even if the son was born after the father’s death he swears and collects. Rabban Simeon ben Gamliel said, if there are witnesses that the father said on his death bed that this note of indebtedness was not paid, he collects without oath.

2
English · Heinrich W. Guggenheimer

HALAKHAH: Rebbui Ze`ira said, this came down in the manner of biblical oaths. And a woman’s ketubah is not from the start in her hand for collection, but only for collection from now on and in the future. Since she claims a document about 200 paid and she says, it is only one mina, she collects without oath.

3
English · Heinrich W. Guggenheimer

There, we have stated: “If she had compromised her ketubah, she shall not be able to collect without an oath. How is this? If her ketubah was a thousand denars and he says to her, you received your ketubah, but she says, I received only one mina, she cannot collect without an oath.” It was stated, one who had compromised, not one who had diminished. Rav Ḥisda said, because he went two steps … Because he compromised it in court you say, he cannot collect?

4
English · Heinrich W. Guggenheimer

“Similarly, the orphans can collect only by an oath;” etc. Rebbi Joḥanan in the name of Rebbi Yannai: One pays from an orphan’s property only if interest is due; Rebbi Nathan says, also a woman’s ketubah. Rebbi Mana said, because of her sustenance. Rebbi Mattania said, who is worried about sustenance? Rebbi Simeon! Since Rebbi Simeon said, all depends on the female. What about it? For attraction, that everybody should jump to marry her. Rebbi Nathan said, also for robbery and torts. Rebbi Yose said, we stated both of these. Robbery from the following: “If it was mortgageable, he has to pay.” For torts from the following: “One pays from minor orphans’ property only from the least valuable.” So is the Mishnah: One pays for torts from minor orphans’ property only from the least valuable. But was it not stated, the son shall stand in the father’s place; one estimates torts from the most valuable land, creditors from average quality, and a woman’s ketubah from the least valuable? Rebbi Yose ben Rebbi Abun said, explain it as everybody’s opinion about testamentary dispositions.

5
English · Heinrich W. Guggenheimer

Here you say, “one does not swear on the claim of a deaf-and-dumb person, an insane person, or a minor.” But there you say, “one swears for a minor and the Temple.” If one pays from the minor’s property. But can one collect from a person in his absence? Rebbi Jeremiah said, explain it about a contract for which interest is due. Would the court collect interest? Explain it that it was guaranteed for a Gentile.

6
English · Heinrich W. Guggenheimer

Alexis said before Rebbi Mana: We act much better than you do. We send edicts. If he comes, it is good. If he does not come, we irrevocably give away his properties. He answered him, we also act in this way; we have the heralds announce for thirty days. If he comes, it is good. If he does not come, we irrevocably give away his properties. He said to him, think of it, if he was in a distant place. He said to him, we send three letters, one after thirty days, one after the next thirty days, and one after the next thirty days. If he comes, it is good. If he does not come, we irrevocably give away his properties. Rebbi Ḥanina said, that is, if he was present at the trial and then fled. But if he was not present at the trial, we cannot irrevocably give away (nor) announce.

7
English · Heinrich W. Guggenheimer

You find that one may say that Ḥanan and Rebbi Simeon said the same thing. Just as you say that practice follows Ḥanan, so practice follows Rebbi Simeon.

8
English · Heinrich W. Guggenheimer

Rav said, if the debtor died, the creditor swears to his heirs. Even if the creditor died, the creditor’s heirs swear to the debtor. But if the debtor died first and after him the creditor, the creditor already was obligated for an oath to the debtor’s sons and nobody makes his sons inherit his oath. Rebbi Joḥanan heard and said, should that one eat and enjoy it?

9
English · Heinrich W. Guggenheimer

Rav Ḥiyya bar Ashi in the name of Rav: A document produced by the creditor in the creditor’s handwriting is invalid, for I am saying that he has practiced writing documents. This implies that in the hand of another it would be valid. Rebbi Abinna in the name of Samuel: It is always invalid unless it be in the creditors’s possession but in the debtor’s handwriting. What about this? Rebbi Yose ben Rebbi Bun said, explain it according to everybody about a testamentary gift.

1
Jerusalem Talmud Shevuot 7.7English
2
Jerusalem Talmud Shevuot 7.70%

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