Дварим 24:10 Ссылки в Талмуде: Jerusalem Talmud Shevuot, Jerusalem Talmud Peah, Jerusalem Talmud Yevamot & Jerusalem Talmud Shabbat

MISHNAH: How about a person robbed? There were witnesses that he entered another’s house to take a pledge without authorization⁴⁵Either by the debtor or by the court. This in itself is a sin (Deut. 24:10–11). The witnesses did not see what he took. The debtor swears and takes based on this prima facie evidence of wrongdoing by the creditor.. He said to him, give me my vessels which you took but he answers I did not take; this one swears and takes. Rebbi Jehudah says, only if there is partial admission. How is this? He tells him, you took two of my vessels but he says, I took only one.

HALAKHAH: “How about a person robbed,” etc. “In another’s house,” not in his courtyard⁴⁶Since Deut. 24:10 only forbids to enter the debtor’s house to take a pledge. This condition does not appear in the Babli; in Ṭur Ḥošen Mišpaṭ90 (Bet Yosef Note 9) there is an extended discussion about the validity of this statement.. “To take a pledge,” not for another purpose⁴⁷Since the rules of the Mishnah imply a suspension of ordinary rules of evidence, they have to be followed to the letter.. Rebbi Issac said, and only by witnesses⁴⁸While the crime does not have to be proven, the prima facie evidence of illegal entry has to be established beyond a reasonable doubt.. If two entered to take pledges from him? It should come like the following: “If he was injured between the two …⁴⁹A sentence is missing here as indicated in the not well legible Genizah text. It was omitted by the scribe from the word שׁניהן to the next occurrence of the same word. But the meaning of the missing sentence is easily reconstructed. If a person was injured when attacked before witnesses by two people, but the witnesses cannot identify the person who actually injured him, he has no civil claim against any of them. Similarly, if witnesses saw two people entered but they did not see which of them actually took something, the rule of the Mishnah cannot be applied.” But if both were entitled to take pledges? What should be seen there? If they saw two [men] hitting him with sticks⁵⁰If two creditors were seen entering together it can be compared to the case that witnesses actually saw both perpetrators hitting their victim with sticks. Then the victim can successfully sue both and the debtor can invoke the Mishnah against both creditors..

HALAKHAH: From where about heads of rows⁶¹That they are exempt from the laws of forgotten sheaves.? Rebbi Jonah said, it is written (Deut. 24:19): “When you are harvesting your harvest on your field and you forget,” what you harvest you can forget⁶²But you cannot forget what you only start to harvest. Hence, uncut stalks at the start of a row to be cut are not for the poor.. That refers to the start of rows of standing grain. End of rows of standing grain? Rebbi Jonah said, “do not return to take it.” From the place you came from you should not return to take it⁶³At the end of the row one goes to the next row; since one is at the end of the field he cannot retrace his steps to the end of the row.. So far, about starts of rows of sheaves, ends of rows of sheaves? Rebbi Jonah said, we learn starts of rows of sheaves from starts of rows of standing grain and ends of rows of standing grain from ends of rows of sheaves⁶⁴The verse speaks of the forgotten sheaf but is formulated in terms of harvesting standing grain. Just as forgotten standing stalks at beginning and end of rows are not for the poor, neither are sheaves at beginning and end of rows..