תּלמוד אויף שמות 22:24

¹²⁶Babli 5b, Sifry Deut. 164.“For demanding will demand¹²⁷Deut. 23:22., these are purification and reparation offerings¹²⁸Which are obligations demanded by God and cannot be objects of vows. Once the obligation is incurred, it has to be discharged within 3 holidays or one year.. The Eternal, your God, this is dedication for the upkeep of the Temple. From with you, this is collecting single stalks, forgotten sheaves, and peah¹²⁹Since it is an obligation to support the poor with you(Ex. 22:24); explanation of Rashi.. Or there would be sin in you, but no sin in your sacrifice¹³⁰As explained in the text, the sacrifice remains qualified even if brought too late..” For otherwise what would we say? Rebbi Samuel the son of Rebbi Yose ben Rebbi Abun said, that you should not say, maybe the sacrifice will be found disqualified; therefore it was necessary to say, (do not tarry to fulfill it, and not its substitute) [there would be sin in you, but no sin in your sacrifice.]¹³¹As shown by G, the (scribe’s text) is correct, [the corrector’s text] has to be deleted. The pronouncement of your lips you shall guard and execute¹³²Deut. 23:24; Sifry Deut. 165. Babli 6a.. “You shall guard and execute, to alert the court that they should force you.¹³³A vow is an obligation enforceable in court.” The rabbis of Caesarea in the name of Rebbi Avuna: From here the pledge¹³⁴Sheqalim and other obligations to the Temple can be enforced by forcibly taking pledges from the debtor’s property.. As you vowed to the Eternal, your God, a voluntary gift. Is there a vow which is called voluntary gift¹³⁵In rabbinic legal terminology, the sentence is self-contradictory since it equated vows with voluntary donations, which have different legal status.? But to make him liable for each single vow and every single voluntary gift. “What is the vow about which they spoke? He who says, on me is the obligation for an elevation offering¹³⁶His obligation is extinguished only by the offering of a qualified animal as sacrifice, irrespective of other circumstances.. What is the voluntary gift about which they spoke? He who says, this one is for an elevation offering.”¹³⁸Mishnah Qinnim1:1. Babli 6a, Megillah8a, Ḥulin139a. Rebbi Ḥama the colleague of the rabbis asked, if he said, “on me is the obligation”, and came back and said, “this one is”¹³⁹Is this a new obligation or is it a dedication of a specific animal intended to fulfill its prior general obligation? It is presumed that the second statement immediately follows the first.? Rebbi Ḥinena asked, would it not be reasonable if he said, “this one is”, and came back and said, “on me is the obligation”? A severe prohibition falls one a simple prohibition but a simple prohibition does not fall on a severe prohibition¹⁴⁰In the second case, the voluntary gift is transformed into a vow. In the first case, the vow is not transformed into a voluntary gift..

Rebbi Samuel ben Rav Isaac said, [the status] of her earnings is between them. Rebbi Meïr says, the earnings are susceptible to be dedicated from the first moment; Rebbi Joḥanan the Alexandrian says, the earnings are not susceptible to be dedicated from the first moment¹¹²They cannot be dedicated before they exist.. “What I shall inherit from my father (today) is sold to you, what I shall catch today in my trap is sold to you; his words are valid.¹¹³Tosephta Nedarim 6:7, Babli Baba Meṣï‘a 16a, Mekhilta dR. Simeon bar Ioḥai p. 212. In the last source, the text is a commentary on Ex. 22:24, which is read as: “If you extend a loan of what you have with you to a poor person,” meaning that transactions cannot validly be made about nonexisting things (explanation by J. N. Epstein).” Rebbi Abbahu in the name of Rebbi Joḥanan: If he takes out a loan for his father’s burial shrouds, if his father was sick or in mortal danger¹¹⁴The transaction should be invalid as long as his father is still alive. The Babli, loc. cit., concurs that this is a rabbinic exemption from the rules if necessary for his father’s honor.. Rebbi Abbahu in the name of Rebbi Joḥanan: Only if the trap was set¹¹⁵The selling of the expected catch is accepted as regular trading practice once the trap is set because the probability that there will be a catch is high. In the Babli, Baba Meṣi‘a 16a/b, the transaction is validated only on an emergency basis, if otherwise the catcher would have nothing to eat. It seems that the Tosephta follows the Yerushalmi.. And Rebbi Abbahu said in the name of Rebbi Joḥanan: But as a dedication it would not be sanctified. Why? Because of the disagreement of Rebbi Meïr and Rebbi Joḥanan the Alexandrian¹¹⁶This fixes practice following R. Joḥanan the Alexandrian, that futures contracts in general cannot be enforced.. In the Babli, 59a, this is an explicit statement.. One could say, there is a difference about the dedication, because the trap is not usually successful¹¹⁷Even R. Meïr will agree that a contract of which both parties assume that it will not be realized is invalid. The technical term for such a contract is אַסְמַכְתָּא. (Since few people used to marry with the idea that the marriage would end in divorce, some rabbinic authorities hold that pre-nuptial agreements about the consequences of a divorce are asmakhta; but cf. Note 226.). Rebbi Yose said to Rebbi Jacob bar Aḥa: Do you remember that both you and Rebbi Jeremiah were saying in the name of Rebbi Simeon ben Laqish: Who stated about the dedication, because the trap is not usually successful? The disagreement of Rebbi Meïr and Rebbi Joḥanan the Alexandrian! Rebbi Simeon ben Laqish has many a thought¹¹⁸The explanation that a dedication of future earnings is invalid as asmakhta contradicts R. Simeon ben Laqish’s explanation of the Mishnah, which describes a setting in which the husband has lost his rights to his wife’s earnings. Why did he not explain the Mishnah simply because one cannot dedicate future earnings, the explanation accepted in the Babli? The answer is that he would agree to the Babli’s explanation, except that he has another one in addition. Since the Mishnah can be explained in several ways consistent with his legal doctrines, he may choose different (parallel, not contradictory) doctrines in different situations..

MISHNAH: A man may say to another, weed with me and I shall be weeding with you, hoe with me and I shall be hoeing with you, but he shall not tell him, weed with me and I shall be hoeing with you, hoe with me and I shall be weeding with you. All the dry season is one, all the wet season is not; one may not say to him, plough with me in the dry season and I shall be ploughing with you in the wet season¹⁸³One may not offer to exchange agricultural work against agricultural work if these would represent vastly different expenditures if they needed hired hands..
Rabban Gamliel says, there exists predated and postdated interest. How is this? If one indended to borrow from him and sent him [a gift] saying, so you should lend me; that is predated interest. If one had borrowed and returned the money when he sent him [a gift] saying, that is for your money which was not earning for you while it was with me; that is postdated interest. Rebbi Simeon says, there exists verbal interest. One should not say to him, you should know that X came from place Y¹⁸⁴To let the debtor take care of the guest for the creditor..
The following transgress prohibitions: The creditor, and the debtor, and the guarantor, and the witnesses; the Sages say, also the scribe. They transgress “do not give,¹⁸⁷Lev. 25:37.” and “do not take from him,¹⁸⁸Lev. 25:36” and “do not be a creditor,¹⁸⁹Ex. 22:24.” and “do not burden him with interest,¹⁸⁹Ex. 22:24.” and “before a blind man do not put an obstacle; and fear your God, I am the Eternal.¹⁹⁰Lev. 19:14. While the preceding verses spell out the guilt of the parties, this verse explains the guilt of the scribe, who is supposedly learned in the law and has to know that he participates in an illegal activity. The extended interpretation of Lev. 19:14 is one of the signs of pharisaic doctrine; it is intimated that the Sadducees, the opponents of the Sages, would absolve the scribe from guilt.”