Mga Kaugnay na Sipi sa Exodo 22:9

¹⁵Babli Bava qamma93a. It is written: If a man give to another, etc’, to keep¹⁶Ex. 22:6.. To keep, not to tear it up. To keep, not to throw it away. To keep, not to give it away as a gift. Rebbi Yose said, only if he said to give it to anyone he likes. But if he said, to X, since he is obligated to keep it is as if he kept it for him¹⁷The paragraph gives the rules of the unpaid keeper who in case of loss has to swear that he did not appropriate the article for himself and that it was not lost by his negligence. But if he received the article in order to dispose of it, or to distribute it to the poor, even if it was lost there cannot be any oath. R. Yose points out that this applies only if the charge was to distribute to the poor, not if it was to be delivered to a designated person. Rashi explains in Bava qamma that the depositor cannot sue because he renounced ownership and the poor cannot sue since the keeper was free to give to any poor person of his choice..

²³⁴The text is from Maʻaser Šeni 4:4, Notes 80–90. Variants are noted מ. Cf. Note 236. Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not clear²³⁵מחזר is a misspelling for מְחֻוָּר, a Babylonian spelling for Yerushalmi מְחוּבָּר “(logically) connected; clear”. It is not derived from the Aramaic root חור “pale”. Cf. H. Guggenheimer, Zur Aussprache des Bet in talmudischer Zeit, Bulletin des Vereins jüdischer Lehrer und Kantoren der Schweiz 21 (1977), 4–5. unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “A man to his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac explained it by the method of the artless. As we have stated there²³⁶Since the Mishnah is from here, this shows that the original is in Maʻaser Šeni.: “For underage children, their buying is buying and their selling selling, for movables.” But did we not state there²³⁷Mishnah Ma‘aser Šeni 4:4.: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor²³⁸The talmudic expression תִּינּוֹקוֹת שֶׁל בֵּית רַבָּן “schoolchildren” shows that the word denotes older children. The root is ינק “to suckle”. with knowledge, there a minor without knowledge.