Rabbinic JudaismJerusalem Talmud Yevamot 7.1HOLYMAP · SACRED TEXTS
The Jerusalem TalmudJerusalem Talmud Yevamot 7.1

The Jerusalem Talmud

Jerusalem Talmud Yevamot 7.1

1
English · Heinrich W. Guggenheimer

MISHNAH: If a widow [married] to a High Priest, or a divorcee or one freed by ḥalîṣah [married] to a simple priest, brought him slaves as paraphernalia or as mortmain: The slaves of separate property may not eat heave, the slaves of mortmain may eat heave. These are slaves of paraphernalia: If they died, they died as her property, if they increased, they increased as her property. Even though he is responsible for their upkeep, they may not eat heave. These are slaves of mortmain: If they died, they died as his property, if they increased, they increased as his property. Since he guarantees them, they may eat heave.

2
English · Heinrich W. Guggenheimer

HALAKHAH: “A widow [married] to a High Ptiest,” etc. From where that a priest who married a wife or bought slaves enables them to eat heave? The verse says “and if a priest buys a person as his money’s acquisition,” etc. From where that if his wife bought slaves, and her slaves [bought] slaves, that they may eat heave? The verse says “and if a priest buys a person as his money’s acquisition,” etc. Also his acquisition which bought an acquisition enables him to eat. Rebbi Jacob bar Aḥa, Rebbi Hila in the name of Rebbi Eleazar. “They shall eat”, they shall enable to eat. The baraita speaks about a slave who acquired slaves within the power of his master. But if a slave acquired slaves on condition that his master have no power over them, they are his property. Rebbi Jacob bar Aḥa, Rebbi Hila in the name of Rebbi Eleazar. If a slave acquired slaves on condition that his master have no power over them and he died, the first person who comes can grab them. In that case, [that slave] is not his property’s property.

3
English · Heinrich W. Guggenheimer

Rebbi Hila in the name of Rebbi Eleazar: “They shall eat”, they shall enable to eat. The one who may eat enables to eat, the one who may not eat cannot enable to eat. Rebbi Joḥanan says, because of a fine. What is the difference between them? If an uncircumcised slave buys slaves. If you say, it is a fine, here there is no fine. If you say the one who may eat enables to eat, this one, since he is not able to eat, cannot enable to eat.

4
English · Heinrich W. Guggenheimer

Rebbi Jacob bar Aḥa said, there is disagreement about mortmain slaves. Rebbi Joḥanan said, if he sold them, they are not sold. Rebbi Eleazar said to him, they are eating heave by his power and you say so? He answered, do not paraphernalia slaves also eat by his power, and one says that if he sold them, they are not sold. From your own they gave to you. It would be logical that one should not eat heave. But they said that he eats, and they said, if he sold them, they are not sold. Rebbi Jacob bar Aḥa in the name of Rebbi Josiah. A baraita supports one and another baraita supports the other. A baraita supports Rebbi Eleazar: Paraphernalia slaves are freed on account of “tooth and eye” from the wife but not the husband. Mortmain slaves are freed by “tooth and eye” from the husband but not the wife. What does Rebbi Joḥanan do with this? They are quick to manumit, as we have stated: If somebody mortgages a slave and later sold him, he is not sold; if he freed him, he is freed. A baraita supports Rebbi Joḥanan: Neither mortmain slaves nor paraphernalia slaves are under the rules of “one or two days” and are freed by “tooth or eye” from neither the husband nor the wife. Where do they disagree? When he sold them forever or sold them for some time? If you say that he sold them permanently rather than temporarily, does everybody agree that they are sold? If you say that he sold them temporarily rather than permanently, does everybody agree that they are not sold? Let us hear from the following: If somebody mortgages his field to his wife for her ketubah or to a creditor for his claim and then sells it, it is sold and the buyer should beware for himself. Rabban Simeon ben Gamliel says, for the ketubah of the wife it is not sold since it is unthinkable that a woman should run around at courts of law. They said, Rebbi Eleazar parallels the rabbis, Rebbi Joḥanan Rabban Simeon ben Gamliel. That means, we deal with a temporary sale. But if he sold permanently, everybody agrees that they are not sold.

5
English · Heinrich W. Guggenheimer

The offspring of a paraphernalia animal belongs to the husband, that of a paraphernalia slave girl belongs to the wife. Ḥanania the nephew of Rebbi Joshua said, the offspring of a paraphernalia animal is like that of a paraphernalia slave girl. Rebbi Eleazar said to the colleagues, you should know that Rebbi Joḥanan follows Ḥanania the nephew of Rebbi Joshua. Rav and Samuel, Rav follows the rabbis, but Samuel follows Ḥanania the nephew of Rebbi Joshua. Samuel objected to Rav: According to you who says, they belong to the wife, should the first-born not take a double portion? Think of it, if she brought them when they were small and they grew up, are they not the wife’s, and you agree with me that the first-born takes a double portion!

6
English · Heinrich W. Guggenheimer

It was stated: If she brought them when they were small, she takes them when they are lads. If she brought him two vessels. If one of them was worth the value of her marriage contract, she takes it for her marriage contract. If one and a half was the value of her marriage contract, [disagreement of] Rav Huna and Rav Naḥman bar Jacob. One of them said, he pays for the second vessel and takes it; the other one says, she pays for the second vessel and takes it. Rebbi Abba bar Cahana said before Rebbi Immi, Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: Even if one was worth one and a half times the value of her marriage contract, she pays for the second vessel and takes it, because it is unthinkable that others should use her vessels. Rebbi Jacob bar Aḥa in the name of Rebbi Ze‘ira: A baraita says so: If she brought them for their monetary value, she takes them for their monetary value.

7
English · Heinrich W. Guggenheimer

Rebbi Ḥiyya bar Ada asked Rebbi Mana: What is the etymology of “mĕlōg slaves”? He said to him, as you say: strip off, strip off!

8
English · Heinrich W. Guggenheimer

There, we have stated: “If somebody receives [a flock] under mortmain conditions from a Gentile, the young are free, the young’s young are obligated.” Rebbi Jeremiah asked: There you say, the young are for the first, and here you say, the young are for the second! Rebbi Yosa said, there, because the property rights are with the first, the young belong to the first. But here, because the property rights are with the second, the young belong to the second.

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Jerusalem Talmud Yevamot 7.1English
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Jerusalem Talmud Yevamot 7.10%

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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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