json/Mishnah/Rishonim on Mishnah/Bartenura/Seder Nezikin/Bartenura on Mishnah Bava Batra/English/merged.json

{
    "title": "Bartenura on Mishnah Bava Batra",
    "language": "en",
    "versionTitle": "merged",
    "versionSource": "https://www.sefaria.org/Bartenura_on_Mishnah_Bava_Batra",
    "text": [
        [
            [
                "השותפין שרצו לעשות מחיצה – we are speaking of a courtyard where there is no law of division in it, where there lacks by the way four cubits for each one of the partners. For this reason, it (i.e., the Mishnah) taught \" \"שרצו/that they wanted, which implies that especially, two of them want [to make a partition] but neither one of them is able to force his fellow, for if in a courtyard which has a law of division, each one of them is able to force his fellow to divide, but now, it comes to teach us that since they wanted to divide it, and each one of them had taken possession of the direction that is entitled for him according to what they had compromised, they build the wall in the middle, and this one gives from his portion one-half of the place the thickness of the wall and also this one.",
                "גויל – stones which are not trimmed or fixed.",
                "גזית – stones which are trimmed and planed with a saw.",
                "כפיסין – a small brick/girder which is a one-half brick which is a handbreadth-and-a-half (i.e., one handbreadth equals 3.65 inches or 9.34 cm) and a brick is three handbreadths.",
                "הכל כמנהג המדינה – \"הכל\"/everything includes a place where they have the practice to make a partition with the sprouts of vine and the branches of trees that they make according to the custom, as long as the partition is wide enough so that neither one of them cis able to see that of his fellow for visual damage is called damage, and the height of the wall and the partition is not less than four cubits.",
                "זה נותן שלשה טפחים – that the wall of untrimmed stones requires an additional handbreadth more than the wall of hewn stones because of the tops of the stones that protrude outward which are not smooth.",
                "ובכפסים זה נותן טפחי – that the thickness of the wall of the one-half/small/girder brick is a handbreadth greater than the width of a wall of full brings because he places a small brick/bond-timber on one side and a small brick/bond-timber on the other side, which are three handbreadths and a handbreadth in the middle in which they place there plaster to attach them, but the wall made from bricks, one places a full brick along the thickness of the wall which is three handbreadths and there is no need for plaster in the middle.",
                "המקום והאבנים של שניהם – this tells us that even though the stones fell into the domain of one them, or alternatively, that one of them first removed them into his domain, you might have thought that it belongs to the other – for the claimant must produce the evidence. But this comes to tell us that this is not the case."
            ],
            [
                "וכן בגנה – this is what he said, \"וכן בגנה\"/and likewise in the case of a garden, undefined, as a place where it was they had the custom to fence it in.",
                "אבל בבקעה – undefined, it is like a place where they had the custom to not fence it in, and we don’t require it, other than if his fellow wanted to fence it in, he moves it back to his own part",
                "ועושה לו חזית – a sign for recognition that the wall is his. And the sign is explained in the Gemara (Talmud Bava Batra 4b): he spreads the top of the wall a cubit with plaster to the side of his fellow, but not to his side lest his fellow all spread from his side. And he says that the wall belongs to both. But when he spreads to the side of his fellow, he doesn’t plaster on to his side. It is a sign that the wall is his, but if his fellow peels/scrapes It off, it is known as peeled.",
                "ועושין חזית מכאן ומכאן – to announce that both of them made it."
            ],
            [
                "אין מחייבין אותו – for it doesn’t benefit him at all, for his land is still open. But, if he (i.e., the other partner) fenced in the fourth side, for now, it absolutely benefits him, we require him to pay one-half the cost of the purchase at the cheapest rate. But not half of his outlay, for he says to him: For me it is enough for me with a partition of reeds, and I don’t need an outlay of a stone fence.”",
                "מגלגלין עליו את הכל – one-half of his outlay according to what he fenced in. And there is the difference between the first Tanna/teacher and Rabbi Yosi. And the Halakha is according to Rabbi Yosi. And we don’t have to say if he himself is the one who fenced in the fourth side, for he revealed his intention that he is pleased with what his fellow fenced in that we make him bear the expenses for the fencing in of everything, and he pays his fellow half of his outlays."
            ],
            [
                "כותל חצר – of partners.",
                "עד ארבע אמות – for with this, it is sufficient for him for proof of damages.",
                "בחזקת שנתן – when this one claims half the outlay, and the other one says, I have already given my portion, he is believed, until the claimant brings witnesses who claimed that he had not given. For this judgment is revealed to all that the obligation is upon him to assist him for he would not have built it on his own but rather, he would bring him to the Jewish court.",
                "סמך לו כותל אחר – after he built the first [wall] a great deal higher than four cubits (i.e. a cubit = 22.08 inches or 56.1 cm.), and he did not want to assist him in raising it higher, he built another wall opposite this wall in order to put cover it with boughs and to place a roof from wall to wall, even though he did not as yet place upon it a roof, we make him bear the expenses for everything, for he has revealed his intention that it is pleasing to him for the raising of this one.",
                "בחזקת שלא נתן – if the first person came and made a claim against him to judgment after he built his other wall placing it near the first wall. And he said to him (i.e., his partner): “Give your part for what I raised it.” But the other responded: “I gave my part.” But he is not believed other than with witnesses, for this judgment was not visible to all, and until the Jewish court made him liable, he would not have given."
            ],
            [
                "כופין אותו – [we force] the member resident of the courtyard who doesn’t want to assist the members of the courtyard.",
                "לבנות – [to build] for the courtyard a gate house to be a guard for the opening who sits there in the shade and to distance the members of the public domain from looking into the courtyard.",
                "ודלת – for the gate of the courtyard.",
                "לא כל החצרות ראויות לבית שער – a courtyard which is not close by to the public domain is not worthy of havng a gate house. But the Halakha is not according to Rabban Shimon ben Gamaliel for even if it is not close to the public domain, there are times when the masses pressure and enter [and come in].",
                "לא כל העיירות ראויות לחומה – a city which is not close by to the border of enemies does not require a wall. But the Halakha is not in accordance with Rabban Shimon ben Gamaliel, for even if it is not close by the border of enemies, it needs a wall, for sometimes, it happens that invaders come.",
                "ויהא כאנשי העיר – to bear with them the burden/yoke.",
                "שנים עשר חדש – but now that they are unsteady, the general practice is thirty days."
            ],
            [
                "אין חולקין את החצר – one of the partners cannot force his fellow to divide the courtyard until there are four cubits to each one of the partners, other than the openings, for every house in the courtyard requires [that there will be] in front of his door four cubits in order to unload the burden that is upon his donkey. And outside of those four cubits, one needs in the courtyard another four cubits to each one of the partners for his other uses. And then there will be in the courtyard the law of division.",
                "רבי יהודה אומר ט' חצאי קבין – this person like his place, and that person like his place. But they don’t dispute that in the places of Rabbi Yehuda they would make grain – a field that has nine half-kabs, is like the field of nine kabs in the place of the Rabbis.",
                "בית רובע – a place to seed in it a square kab. And the Jewish legal decision is that the law of division on lands that stand for plough and sewing, other than if there remains for each one of the partners enough land in order that there is the work of one day of ploughing or sewing, and similar things.",
                "מורן וטרקלין – kinds of palaces.",
                "כדי לזה וכדי לזה – as it is explained further on, and after they would divide it up and each one takes his part, there would be in the part of each of them a place worthy of being called a reception/dining room and a compartment of the house/peristyle, that would remain on part of it the name that was for all of it.",
                "בזמן שין שניהם רוצים – one cannot force his fellow to divide it by force, but he can force hi regarding the manner of \"גוד או אגוד\"/either fix you a price for my share, or I shall do so (and buy your share (see Talmud Bava Batra 13a), meaning to say, purchase my portion or sell me your portion for what it is worth.",
                "ובכתבי הקודש – Torah, Prophets and Writings.",
                "לא יחלקו – and specifically when they are in one volume, but in many volumes, each book separately, if they want, they can divide it."
            ]
        ],
        [
            [
                "לא יחפור. בור – round.",
                "שיח – long or short",
                "מערה – it is covered with an arched ceiling.",
                "נברכת הכובסין – a square pit. And rain waters gather in it as it is made to launder clothing.",
                "אלא אם כן הרחיק מכותלו – it is saying from the wall of his cistern. And the thickness of the wall of his cistern is not less than three handbreadths, it is found that from the cavity/space of his cistern to the cavity/space of his fellow’s cistern is six handbreadths. But it is prohibited for a person to rely upon one of the damages to the end of his boundary equally, other than if he distanced it the appropriate measurement, even though his fellow lacks a wall there, lest his fellow decide that he will build on the side of his boundary, and it is found that this causes damage.",
                "וסד בסיד – the walls of his pit.",
                "הגפת – the refuse of the olives after they were gathered together in the olive press.",
                "הסלעים – stones where the light comes out from them, for all of these are hard for the fortification and weaken the wall, and we are not referring to the wall of the cistern now.",
                "זרעים – they are hard for the wall for they undermine the grounds (through their roots – see Talmud Bava Batra 19b) and bring up crushed, loose earth.",
                "ואת המחרישה – even though there are no seeds, as, for example, when they plow for trees, it is hard for the wall.",
                "מי רגלים – they make loathsome the bricks which are of dry plaster. Therefore, someone who urinates close by the wall that is made of bricks needs to distance himself three handbreadths. But with a wall of stones, he distances himself a handbreadth, and of a hard stone such as granite, he does not have to distance himself at all.",
                "הריחים – they are hard on the wall because they shake the ground with the force of its rolling.",
                "מן השכב – from the lower millstone.",
                "הרכב – this is the upper one that rides on this. But it is shorter by a handbreadth of the lower one.",
                "שלשה מן הכליא – the base upon which they build from plaster/clay and stones that they place the oven upon it, and It is wide from the bottom and narrow from the top, and upper rim of the belly of the stove is where the stove sits. It is like the measurement of the oven and one must distance the base from the wall three handbreadths from its underbelly, which are four [handbreadths] from the its upper rim, because the vapor of the oven damages the wall."
            ],
            [
                "גובה דא אמות – the space from the lip of the oven until the ceiling, in order that the fire not ignite the ceiling.",
                "עד שיהא תחתיו מעזיבה – [plaster of] clay three handbreadths, so that the lower ceiling of the attic not burn, and above it a space of four cubits.",
                "ובכירה – they place the pot on its cavity/space and they don’t make it in a large fire as they do for an oven.",
                "ואם הזיק – after there were there all of these measurements, ",
                "he pays for the damage that he caused, and nevertheless, they prevent him with all of these measurements lest he kindle their homes, and he doesn’t have what with to pay. But the Halakha is not according to Rabbi Shimon."
            ],
            [
                "ביין התירו – The smoke that goes up from the baker’s oven and from the dyer’s shop is not difficult for the wine, for the heat actually improves the wine that is in the Land of Israel. And in a place where it is known that the heat damages the wine, even under the wine storehouse, one should not not open a dyer’s shop or of a baker.",
                "חנות שבחצר – one of the members of the courtyard that comes to open a store in the courtyard and the members of the courtyard prevent him.",
                "לא מקול התינוקות – school children. And even though that the sound comes on account of others, they cannot protest, because of making the Torah great and glorious. But, if he is not teaching children Torah, but rather trades or accounting or תשבורת he can protest and say to him that he is not able to sleep because of the young children coming in and leaving."
            ],
            [
                "מי שהיה כותלו סמוך לכותל חבירו – in the form of a גא\"ם/Gamma – an angle, and he comes to make a second wall opposite the wall of his fellow until he makes the three walls like the form of the [Hebrew letter] \"בי\"ת\"/Bet, his fellow will prevent him, until he distances it from opposite him four cubits, in order that the place between the two walls will be wide and many will be able to tread there. For the walking of feet on the ground nearest the wall strengthens the foundations of the wall and preserves them. And especially the wall of a garden or he wall of a courtyard that is in a new city where many have not [yet] tread, and the ground was not strengthened as much as needed through treading of the feet [of people]. But, in the wall of a courtyard that is in an old city is supported and there is no need to distance it. And similarly, if the wall of his fellow was not four cubits or more, he doesn’t have to distance it, for a wall that is less than four cubits does not need strengthening.",
                "ובחלונות מלמעלן מלמטן ומכנגדן ד' אמות – he had a wall above his wall and his fellow built a wall opposite the window from below. If there remained from the top of the wall that he built up until the window less than four cubits in height, he forces him to lower the wall in order tha the not stand on the top of the wall and look out through the window.",
                "מלמטן – the window was lower than the wall, he forces his fellow to raise the wall that he built opposite him at the height of four cubits from the window in order that he should not see him.",
                "ומכנגד – he must distance the wall from the window four cubits in order that he will not obscure his light."
            ],
            [
                "מרחיקין את הסולם – whomever has a dovecote of doves in his courtyard near to the wall that is between the two courtyards and his fellow comes to put up a ladder near the wall, he must distance the latter four cubits from the dovecote, in order that a marten will not jump, and it is small creature, into the dovecote and kill the doves.",
                "",
                "מזחילה – it is a large spout that is placed on the length of the wall, and the waters of the roof flow into it, and if his wall would go along the face of the courtyard of his fellow and with the spout on top of it, he would have to distance it from it if he comes to build a wall on its side four cubits in order that a ladder can stand upright to go up and to repair his spout, to clean it from dust and from rocks that fall in it and prevent the continuous flow of water.",
                "",
                "מרחיקים את השובך מן העיר – for the doves cause the loss of the seeds of the gardens.",
                "אא\"כ יש לו חמשים אמה – so that the doves do not cause the loss in the field of his fellow.",
                "בית ארבעה כורין – an area requiring a Kor of seed in every direction, and the Kor is thirty Se’ah, but the Halakha is not according to Rabbi Yehuda.",
                "מלא שגר היונים – race of their flying at one time [for food].",
                "ואם לקחו – [if he bought it] (a field with a dovecote already in it) in its natural condition with the ground, even if he lacks all around him other than an area of a quarter-Kab (104 1/6 square cubits).",
                "הרי הוא בחזקתו – since he was the first to have legal presumption of possession."
            ],
            [
                "ניפול – a pigeon.",
                "הנמצא בתוך חמשים אמה – of the dovecote.",
                "בין שני שובכות – within fifty of both of them."
            ],
            [
                "מרחיקין את האילן מן העיר – because it is beauty to the city (see Talmud Bava Batra 24b) when there is a wide expanse before it.",
                "חרוב ושקמה – their branches are numeous.",
                "אילן סרק – (see Mishnah Kilayim, Chapter 6, Mishnah 5 for a detailed definition) – it is a disgrace to the city.",
                "ונותן דמים – to the person who owns the city.",
                "ספק – cuts it down and he doesn’t make payment, because there was a judgment as to whether this one came first (i.e., the city) or that one came first (i.e., the tree), he cuts it down. After he cut it down, we say to the owner of the tree: “Bring proof that the tree came first and take [the money].”"
            ],
            [
                "גורן קבע – a threshing floor that has a large pile that they winnow it with a winnowing shovel is called a permanent threshing floor. But if the pile is not large, and he doesn’t have to winnow the chaff with a winnowing shovel, but rather, the wind blows it into a pile, and the chaff is driven off on its own, is called a threshing floor that is not permanent.",
                "חמשים אמה – because the chaff that damages the members of the city when it is winnowed.",
                "ומנירו – [newly ploughed field] of his fellow. A ניר/newly broken or ploughed field. This is a ploughing done during summertime in order that the roots of the thorns and grasses will die.",
                "כדי שלא יזיק – What is the reason that this is said? What is the reason that we distance this from the crops of his fellow and from his newly broken/ploughed field fifty cubits? In order that the chaff not damage his plants and his newly broken/ploughed field, which is made of manure and ruins the newly broken field and dries out the plants/trees."
            ],
            [
                "את הנבילות ואת הקברות – because of the bad smell.",
                "הבורסקי – a place where they work the hides.",
                "אלא למזרח העיר – for the east wind is not hard, other than if it comes for retribution. But when it comes in is normal manner, it is warm and blows gently, therefore, it does not bring the smell to the city.",
                "חוץ מן מערבה – he can make it in any direction and distance it fifty cubits from the western wind, which doesn’t do anything because they pray to that direction where God’s presence is in the west. But the Halakha is not according to Rabbi Akiva."
            ],
            [
                "המשרה – a place where the steep the flax and cause loss to the vegetables that are near them.",
                "הכרישין – leeks in the language of the Talmud, and they destroy the onions that are near them.",
                "ואת החרדל מן הדבורים – which destroys the honey and makes it pungent and sharp.",
                "רבי יוסי מתיר בחרדל – because he can say to him (i.e., his fellow): “Until you tell me: Distance your mustard plant from my bees; distance your bees from my mustard plant because they come and eat the buds of my mustard plants.” And the Halakha is according to Rabbi Yosi."
            ],
            [
                "ובחרוב ובשקמה – their roots are numerous.",
                "בין מלמעלה – because one of them is above in height of the slope of the mountain.",
                "בין מן הצד – on level ground.",
                "ונותן דמים – for since he planted with permission, that he doesn’t damage until a great time [passes], the Sages did not require him to cut it down without payment because of the wind/blast of an individual [tree].",
                "רבי יוסי אומר – And the Halakha is according to Rabbi Yosi."
            ],
            [
                "סמוך לשדה חבירו – whether it is a bright field lacking shade or it is a cultivated field in which trees grow.",
                "אלא אם כן החיק ממנו ארבע אמות – in order for the word of the vineyard, for when he ploughs his trees, there should not be a need to bring his plough into that (i.e., the field) of his fellow. And these words refer to the Land of Israel, and places like it where their ploughs are long. But in Babylonia and in other countries where their ploughs are short, a distance of two cubits is sufficient, and especially with vines to [other] vines, and trees to trees, where two cubits are sufficient. But, one who comes to plant in an orchard near the vines, even in Babylonia, and places similar to it, one has to make a distance of four cubits.",
                "מעמיק שלשה טפחים – the owner of the field whose fellow’s tree roots went out into his field, he cus them at a depth of three handbreadths and does not worry.",
                "והעצים שלו – of the owner of the field, and this will be the place where he ploughs sixteen cubits or more from the tree of his fellow, but less than this, the wood belongs to the owner of the trees, for up to sixteen cubits, they absorb sap, more than this, they don’t suck the sap."
            ],
            [
                "קוצץ – [he cuts] the branches until the height of the handle protruding over the plough (i.e., the ox-goad), to not prevent him from bringing his plough there (see Talmud Bava Batra 27b).",
                "מרדע – which teaches the cattle [sense].",
                "החרוב והשקמה – that their shade is great and difficult for the field.",
                "כנגד המשקולת – cuts everything that hangs over into his field. משקולת/plummet is a threat that those who build walls suspend from it the weight of lead.",
                "ואם בית השלחין היא – a land thirsting for water.",
                "כל האילן כנגד המשקולת – even if it is not a carob or sycamore tree, he cuts as measured by the plummet, for the shade is bad for a field requiring irrigation.",
                "אבא שאול אומר וכו' – he is referring to the first part [of the Mishnah], as the first Tanna/teacher stated, “he cuts them off as far as the ox-goad protrudes [over the plough] and even if it is a tree that bears no fruit, except for a carob [tree] and sycamore [tree] and Abba Shaul said to him: Any non-fruit bearing tree may be cut by measuring with the plummet. But the Halakha is not according to Abba Shaul."
            ],
            [
                "אילן הנוטה לרה\"ר – cut the lowest branches in order that the camel and its rider can pass by.",
                "גמל טעון פשתן – and there is no need to cut in order that the camel and its rider, for the rider bends and passes by underneath him.",
                "מפני הטומאה – lest the branches form a roof/tent on an olive’s bulk from a dead person, and similar matters, and the person who passes there will become ritually defiled. But the Halakha is according to the first Tanna/teacher alone."
            ]
        ],
        [
            [
                "חזקת הבתים – whomever has lost his document [of sale] and brought witnesses that he has taken possession for three years with all of those things that are written in our Mishnah, he is believed to state that they were purchased property in his hand and we don’t say to him, “bring the bill of sale that it it was sold to you for up to three years, people are careful with documents; more than three years, they (i.e., people) are not careful. And we say to the individual that is against him if you have [proof] that you didn’t sell it, you should have protested and state before two [witnesses]: “know that so-and-so consumed my land through theft” and the matter would reach his ears and he would be careful with his document, for your friend has a friend, and the friend of your friend has a friend, and if you don’t",
                "שובכות – where they raise/grow doves there.",
                "בית הבדים – that they press olives in them to produce oil.",
                "בית השלחין – for since there is a spring in it that waters the field from it always and produces fruits frequently and anything that produces fruits frequently, its presumption of claim based upon undisturbed possession [during a legally fixed period] is three years from day to day.",
                "והעבדים – and even though that we hold that animals living in folds (i.e., moving livestock, which they leave in the daytime) is no evidence of ownership (as they may have come over by accident – see Talmud Bava Batra 36a), meaning to say that sheep from the language \"גדרות צאן\"/fenced in sheep, have no presumption of ownership (as they may have come over by accident), and the same law applies to all living creatures; that is, a presumption immediately that they lack this if it was known that the sheep and/or the slaves belonged to someone else, and entered the house of the other person. But this one claims that they entered into his house that they were purchased in his hand: “Behold I am known to hold them in possession. This is not a presumption of ownership because it is their manner to go from house to house. But if he held/took possession of a slave for three years, that is claim based upon an undisturbed possession and there is no need [to produce] a bill of sale.",
                "שדה הבעל – it is supplied from rain water and doesn’t produce fruits other than once a year.",
                "חזקתה שלש שנים – and it doesn’t have to be from day to day.",
                "רבי ישמעאל אומר שלשה חדשים – there is grain that grows in three months such as barley and oats and lentils and it is found that one eats three grains in eight months.",
                "רבי עקיבא אומר – there is something that grows in thirty days such as corn at the earliest stage/low growth and vegetables. Therefore, if one ate it for fourteen months that is considered a presumption of ownership. But Rabbi Yishmael holds that the eating of corn at the earliest stage and vegetables are not considered presumption of ownership.",
                "במה דברים אמורים – that one needs eighteen months for a field sufficiently watered by rain and requiring no artificial irrigation.",
                "בשדה לבן – [a bright, vegetable or grain field that lacks shade] where all of its fruits are collected at one time, therefore, it requires three [complete] years.",
                "אבל בשדה האילן – that whose fruits are collected at periods – grapes at one period and olives at another period and figs at another period.",
                "כנס את תבואתו – wine of grapes.",
                "כנס את זיתיו וכנס את קיצו – he harvested figs and dried them, and brought them into his house, that is a presumption of ownership, as if it is three years, but the Halakha is not according to either Rabbi Akiva nor Rabbi Yishmael."
            ],
            [
                "שלש ארצות לחזקה – three [distinctive] lands in the Land of Israel are divided each from the other concerning the matter of presumption of claim of ownership. For if he had taken possession in one of these [distinctive] lands, and the owner of the land is in the other, his presumption of ownership is not a presumption, because the caravans are not ae not found from one to the other, and even though it is not an emergency or [time of] war, it is similar to an emergency. But if the owner of the land would renounce, there would not be someone to inform the other who has taken possession. Therefore, it was appropriate to the one taking possession to be careful with his document, and since he was not careful, he would lose.",
                "עד שיהא עמו במדינה – that both of them would be in Judea, or both of them beyond the Jordan River and even though this one was in one city and that one was in another city, because there were caravans found, he could protest, and since he did not protest, he lost out.",
                "אמר ר' יהודה וכו' – for Rabbi Yehuda holds that the reason for presumption of ownership is not because until three years because people are careful with their documents, [but] more [than this], they are not careful, but the reason for his presumption of ownership is because people will not leave [someone, a usurper] consuming his own land even for one hour and remain silent. But this one that distanced himself for three years in order that if he was in Spain, etc. But if he was with him in the city, immediately, there would be presumption of ownership and in these three [distinct] lands [of the Land of Israel] where caravans are not found, during the three years, however, he would have presumption of ownership. But the Halakha is not according to Rabbi Yehuda."
            ],
            [
                "כל חזקה שאין עמה טענה – that he will make the claim why does the person who possesses that which belongs to his fellow is not valid possession.",
                "והבא מחמת ירושה – that he held possession of it for three years through the strength of the inheritance of his father, for it was his father’s on the day of his death.",
                "אין צריך טענה – to prove how it came to his father’s hand. However, proof is required when the saw his father live it in one day.",
                "האומנים – when they repair utensils –",
                "They don’t have a claim of possession – If they were in possession of utensils of others, they are not able to claim that there were purchased in his hand and even if they are utensils that are not normally lent or rented out. And these words [refer] to when the utensil is found before us in the hand of the artisan. But if the utensil is not found before us in the hand of the artisan, but rather, that someone comes from the marketplace and claimed to the artisan: “I have a utensil with you that I gave you to repair. Return it to me.” And the artisan claimed: “It is true that it (i.e., the utensil) is with me, but you sold it to me,” the artisan is believed through an oath with מיגו/a legal rule according to which the deponent’s statement is accepted as true on the ground that, if he had intended to tell a lie, he might have invented one more advantageous to his case (see Talmud Bava Batra 31a). For if he wanted, he could have said “that nothing had ever taken place [between us]” or “I returned it to you.” And similarly, the artisan made the claim that is what you fixed a price with a charge for the repair.” But the other can say, “I did not make that arrangement other than for less.” If the utensil is found before us in the hand of the artisan, the owner of the utensil is believed. But if the utensil is not found before us in the hand of the artisan, the artisan is believed with an oath, and even if he transferred it to him with witnesses with the מיגו (see above) that if he had wanted, he could have said, “I had returned it to you.”",
                "והשותפים – they have property held jointly and one of them consumed all the produce for three years, it is not considered a presumption of possession. And these words are when the land does not have the law of division. But if the property has the law of division, and one of them consumed for three years, that is considered possession.",
                "והאריסים – he goes down into the land for one half, for one-third or for one-fourth, and consumed all the produce for three years, it is not considered presumption of possession. And especially with regard to hereditary land-tenants for he is like an אפוטרופוס/a guardian for the son but the tenant farmer who was brought down by the owner of the land himself and he consumed all the produce for three years, he does have presumption of possession.",
                "ואין לאיש חזקה בנכסי אשתו – and even if he wrote to her while she was still his betrothed an unequivocal judgment: “I have nothing with regard to your property, nor the fruits of it, for now, he does not consume its produce from the law, and afterwards brought a proof that he ate produce for three years, that is not considered presumption of possession, for it was the manner of the wife to allow her husband that he can consume the fruits of her property, whether by law or not by law.",
                "ואין לאשה חזקה בנכסי בעלה – and even if he designated for her land for her food and she consumed produce from another land belonging to her husband for thee years, even so, this is not a presumption of possession, for it is manner of a man to allow his wife that she may consume from his property, even with something that she does not have authority.",
                "ולא לאב בנכסי הבן [ולא לבן וכו'] – Because they are like guardians one for the other.",
                "במה דברים אמורים – that they are not a presumption of possession.",
                "במחזיק – when he is possessing something where there is a protest/evidence of illegitimacy or disqualification (see Talmud Bava Batra 31b), for his fellow makes the claim that what is in your hand was stolen.",
                "אבל הנותן מתנה – in our presence and stated to the recipient: “this gift is for you, take possession and acquire it.” All of these [things] that are stated above in our Mishnah lack presumption of possession, when they took possession like others who received a gift and acquired it, that the giver cannot retract. But the woman who gave or had sold to her husband her usufruct (i.e., that which belongs to the wife’s estate that the husband can use without responsibility for loss or deterioration), and when he took possession of it, the husband acquired it, and she cannot say: “I gave pleasure/gratification to my husband,” and specifically for mort-main (i.e., the wife’s estate is held by her husband, which, the case of her death or divorce, he must restore in specie, being responsible for all his landed property for loss or deterioration), or property that her husband designated for her in the Jewish marriage contract, we say that her sale is not a sale, and her gift [to someone] is not a gift, because she can claim: ‘I did it give my husband pleasure,” because her husband has an attachment to them. But her usufruct, which her husband, in principle, has no attachment to them, she cannot say: “I gave pleasure/gratification to my husband. But similarly, the man who sold to his wife from his property, if the monies that the wife purchased them are not that property, they are not hidden/preserved with her. The sale goes is established, and those properties belong to the woman and the husband can eat the produce, and if those monies were hidden with her, the sale is void, for he can say, “[it was done] to reveal monies that were hidden/preserved with her. I stated that I am selling to her.”",
                "והאחין שחלקו – and each one held possession of his portion and they cannot retract.",
                "והמחזיק בנכסי הגר – [the convert] who died and he no inheritors. And whomever comes first to take possession of his properties, takes possession.",
                "נעל – that he made a door.",
                "וגדר –[or] he made a wall.",
                "ופרץ – or made a breach in it."
            ],
            [
                "משלשין ביניהם – each band pays one-third, for they are three bands for the three years (i.e., two plotting/scheming witnesses for each year).",
                "שלשה אחים – for each year, one brother, and another person with the brother, and that other person testifies with all of them and there three [distinct] testimonies, for what this one testifies, the other did not testify, and therefore, their testimony is valid.",
                "",
                "והן עדות אחת – regarding the conviction of false witnesses, if they were found to be refuted, they divide up the cost between them, and they are not made false witnesses until all of them are proved to be false witnesses."
            ],
            [
                "שיש להם חזקה – if he had taken possession of his fellow land for this purpose for three years, it is considered possession.",
                "היה מעמיד במהתו בחצר – this Tanna/teacher is speaking of a jointly owned courtyard, where they are not strict with each other concerning keeping cattle [in the courtyard] and other similar things. And because of this, it is not considered a presumption of possession even though he had possessed that thing for three years.",
                "אבל אם עשה מחיצה וכו' – for in such a manner, he is definitely strict. If he had been silent about this for three years and didn’t protest, it is considered possession. But Rabbi Moshe ben Maimonuni commented that a joint owner who is strict about making a partition and no one protested immediately is considered possession. But even though he made a partition, as a mere individual and no one protested, it is not considered possession until after three years."
            ],
            [
                "מרזב – a small spout, that they place it at the end of the large spout that goes all around the perimeter of the roof.",
                "אין לו חזקה ויש למקומו חזקה – if there was a there a spout and the owner of the courtyard came to uproot it completely, so that the water of he roof would not spill into his courtyard, he is not able to do so, for he already has possession for this that the root waters spill via that spout, but if he comes to reverse it, that it was placed in the southern direction and he comes to place it in the northern direction, the owner of the movable tube attached to the roof gutters cannot delay it, for it is not something that causes him loss, and he lacks possession, for it will always stand in that direction.",
                "מרזב – the place where the drop of rain water flows from it. [The word] מר /bitter is a טפה/droop, like (Isaiah 40:15): “The nations are but a drop in a bucket.”",
                "מזחילה – a large spout that supports all the length of the roof. This is a something fixed, therefore it has presumed possession.",
                "סולם [המצרי] – small and is not fixed, and no one is strict about it if one puts it into the courtyard of his fellow in order to ascend on it to his roof or to the dovecote. Therefore, it does not have presumption of possession.",
                "חלון המצרי – a small window where the head of person cannot enter it, ",
                "he has no presumption of possession, but if the owner of the courtyard wanted to build opposite the widow and to close it up, the owner of the window cannot say: “I have already taken possession of it and you cannot close it up.” And he said to him this: “You were not appeased other than that I didn’t have any damages in it, and even so, if he had wanted from the outset, when he opened it up, he could have delayed it that he would not open it. And even if it was higher than four cubits, for he could have said to him, lest you place a small bench near the window so that you can look at me, and after he placed it [also] he opened it, he has no presumption of possession.",
                "ולצורית יש לו חזקה – a window where the head of a person can enter into it, and even where it is higher than four cubits, or a window that is made of for its light, and even if it is very small, or a window which is lower than four cubits, each one of these three windows, if he left it and opened it, he has possession, but furthermore, he is not able to build opposite it and close it up, for there is possession for damages except for fumigating and dust and the bathroom, meaning to say, bad smell, for these three [things] do not have presumption of possession, even if he held them several years. But damage is a proof that he has possession, and he doesn’t need possession for damages for three years but when damage occurs, in order that he can say to the one who suffered damage: “you already knew of this damage and didn’t protest, this is possession.",
                "מלבן – a building from outside like a kind of lintel from above or a lower door-sill from below.",
                "זיז – wood or stone that projects out from its wall to the airspace of his fellow’s courtyard. If it has a handbreadth or more, he has possession and the owner of the courtyard opposite to him cannot build to close the projection [serving as a shed over the entrance], after he has taken possession of it.",
                "ויכול למחות בו – when the owner of the wall comes to remove the projection which has a handbreadth or more, the owner of the courtyard can protest it that he should not remove it.",
                "פחות מטפח – this is not a matter of being fixed. Therefore, he does not have possession, and he can build opposite him and close it up, and when the owner of the wall comes to remove it ab initio, the owner of the courtyard cannot prevent it."
            ],
            [
                "לחצר השותפים – into a courtyard which has joint ownership of it, and all the more so, to the courtyard of his fellow because of the damage of sightlines.",
                "לקח בית מחצר אחרת – that is next to his this courtyard which has joint ownership, he should not open for himself a door to that courtyard, for there is a great deal of foot traffic from those who dwell in that house.",
                "בונה חדר לפנים מביתו – which does not add anything, but divides his home into t, for without this, he could fill his house with inhabitants/tenants if he wanted.",
                "פתח כנגד פתח – as it states in the Biblical verse (Numbers 24:2): “As Balaam looked up and saw Israel encamped tribe by tribe.” What did he saw? He saw that their openings [of the tents] were not directed one opposite the other (allowing people to see inside each other’s tent).",
                "קטן לא יעשנו גדול – for he said to him: “with a small opening, I can be private (i.e., protect myself) from your gaze; with a large opening, I cannot be private (i.e., protect myself) from your gaze (see Talmud Bava Batra 24aa and 60a).",
                "אחד לא יעשנו שנים – for he said to him; with one opening I can be private (i.e., protect myself); with two, I cannot be private (i.e., protect myself).",
                "אבל פותח הוא לרשות הרבים – for he said to him, that finally, you are able to be private from the members of the public domain."
            ],
            [
                "אין עושין חלל תחת רשות הרבים – even if he accepted upon himself every blast/wind that comes from the consequences of this, for people do not want to cause damage and to go to court to judge on the matters of their money.",
                "רבי אליעזר מתיר – as long as they cover it with force in order that a wagon carrying stones will travel upon it, and we should not worry lest sometimes the covering will be ruined. But the Halakha is not according to Rabbi Eliezer.",
                "זיזין – small floor beams.",
                "גזוזטראות – large beams lest the members of the public domain stumble against them.",
                "כונס לתוך שלו – brings into his land like the measure of the removal of the small floor beams and take them out.",
                "הרי זו בחזקתה – we load them for the purchaser and we state that the person who sold it to him and brought them into his own [home]."
            ]
        ],
        [
            [
                "המוכר את הבית. היציע – like a kind of room that they make around the walls of the house from the outside, like what was in the Temple, as it is written (I Kings 6:6): “The lowest story was [five cubits wide],” and there are those who make it in the thickness of the wall. But even though that it is open to the house and its usage is within, even so, it is not sold. And it is four cubits, but if it is not four cubits, it is not considered [separate] and it is sold with the house.",
                "ולא את החדר שלפנים – from the house, and even though it is open to the house and it is tread upon.",
                "בזמן שיש לו מעקה גבוה עשרה – it is considered by itself and not nullified in regard to the house.",
                "רבי יהודה אומר וכו' – The Halakha is not according to Rabbi Yehuda."
            ],
            [
                "בור – a pit in the ground.",
                "דות – a building of stones on top of the ground made like a pit.",
                "אף על פי שכתב לו עומקא ורומא – He did not purchase a cistern/pit or a subterranean masoned storeroom since their usages are separate from the house, and they are not made other than to draw out water, until he writes: “from the lower portion/bottom of the depths until the heights of the sky.”",
                "וצריך – the seller ",
                "to purchase for him a path/right-of-way, from the purchaser to walk to the pit and the building of stones of top of the ground made like a pit, because the seller sells with good will, and doesn’t leave anything to himself.",
                "וחכמים אומרים אינו צריך – for they hold that he sells ill-will/selfishness/envy and when he sold the house, he retained for himself a path that he can walk to the pit/cistern and the subterranean masoned storeroom.",
                "בזמן שאמר חוץ מאלו – except for a pit and a subterranean masoned storeroom, for it is a condition that that it is not for any need for he comes to add a pathway.",
                "מכרן לאחר – he sold the pit and the subterranean masoned stoneroom to another, and left the house to himself.",
                "רבי עקיבא אומר אין הלוקח צריך ליקח ממנו דרך – Because the seller sells with good will, and when he sold him the pit and the subterranean masoned storeroom, he also sold him a right-of-way/path. And the Halakha is according to Rabbi Akiva."
            ],
            [
                "המוכר את הבית – undefined.",
                "מכר את הדלת – because all of the fixed implements of the house are included in the house.",
                "אבל לא את המפתח – because it is something movable.",
                "המכתשת – that is fixed in the ground.",
                "האיצטרובל – a circle of wood that they place the millstone on it and it is fixed.",
                "הקלת – the hopper/grain-receiver (on top of the millstone) that they make around the millstone to receive the ground flour that it will not fall to the ground and it is movable.",
                "ולא את התנור ולא את הכירים – for they are movables. And there are books which have the textual reading:\"מכר תנור, מכר כירים\"/if he sold the oven, he sold the double-stove also and it is speaking of something permanent and attached to the ground.",
                "הרי כולם מכורים – all of these are implements of the house, but the rest of kinds of utensils are not sold, even if he (i.e., the seller) stated: “and everything that is inside it” – he did not include other than implements unique to the house like a key and a hopper/grain-receiver and things like that."
            ],
            [
                "מכר את הבתים – that are open to the courtyard.",
                "ובורות שיחין ומערות – that are within the houses and even though the person selling a house did not sell the cistern, the trench and the cave/vault, but regarding the courtyard, however, they cease to exist.",
                "בין כך ובין כך – even if he said, “everything that is within it,” he did not sell the bathhouse, etc. because they are not part of the courtyard.",
                "רבי אליעזר אומר וכו' – But the Halakha is not according to Rabbi Eliezer."
            ],
            [
                "מכר את הים – the stone that they place the olives into at the time of their grinding.",
                "ממל – The upper millstone where they crush the olives.",
                "הבתולות – cedar beams/poles supporting the traverse press beam (see Talmud Bava Batra 67b)of the olive press.",
                "עבירין – heavy planed boards that they place on the אמתחות – which they place on the pounded olives in order to pickle them.",
                "הגלגל – when the stone revolves and puts heavy weight on the pounded olives to remove their oils."
            ],
            [
                "הנסרים – boards that we place clothing on them.",
                "הספסלים – that we sit upon them. But there are those who have the reading \"ספלים\"/bowls or basins – that one puts water in them to wash.",
                "וילאות – curtain opposite the opening. Another interpretation: wrapping cloth that one uses to dry off. And there are those who say that it is a petticoat/breach-cloth in which we cover with the genitals when sitting in the bathhouse.",
                "מגורות של מים – pools that pour water into the bathhouse.",
                "אוצרות של עצים – that warm up the bathhouse."
            ],
            [
                "מכר בתים – and all the more so, courtyards which are the essence of the city.",
                "בית השלחין – gardens and orchards that belong to the city.",
                "אבל לא המטלטלין – utensils that are used such as a key, a woman’s work basket and similar kinds of things, and all the more so, that he did not sell wheat and barley.",
                "הרי כולן מכורים – even slaves and animals that are movables that are unsteady. And, all the more so, wheat and barley that are movables that are not unsteady.",
                "הסנטר – the slave appointed to guard the city. But the Halakha is not according to Rabban Shimon ben Gamaliel."
            ],
            [
                "האבנים שהם לצורכה – to make a fence.",
                "ואת הקנים – that we tie up the vines with them.",
                "ואת מחיצת הקנים – many canes grow on one stem/stalk when it is less than a piece of ground of the capacity of a one-fourth of a Kab of seed, therefore it is neutralized concerning the field.",
                "שומרה – a guard booth that is attached to the ground with plaster.",
                "ואת החרוב – in its youth when they are not yet engrafted and when they cause damage when they grow strong and it is engrafted, and it has name of its own, and is not neutralized concerning the field.",
                "ואת בתולת השקמה – in its youth before they cut its branches or when it causes damage, we cut the ranches that have grown a great deal in their place, and it is called the trunk of the sycamore tree."
            ],
            [
                "לא מכר את מחיצת הקנים [וכו'] – for all of these are considered as a field [on its own].",
                "לא מכר את בור – even though he sold him the field, these are not sold.",
                "צריך המוכר ליקח לו דרך מן הלוקח – to go to the cistern and to the wine-press, for he sells with good-will as I have explained above (see Tractate Bava Batra, Chapter 4, Mishnah 2).",
                "נתן את כולם – and even to one who stated that he sells with ill-will, he sells it, and the purchaser must buy a right of way [when] he sold him one of these kind, and leaves the field to himself. Especially when he sells as we state here, because the purchaser can make conditions and explanations, for since he didn’t make a condition, he doesn’t lose out. But regarding a person who gives, when he receives the gift, he is embarrassed to state to the giver – “explain to me what you are giving me.” We don’t say that when he doesn’t explain, he is the one who loses, but we say is that he gave it to him with good will, and the recipient of the gift does not have to buy a right of way, and similarly, all of these things that we have stated above, he didn’t sell because they are not included in the field and even those things that are not included – everything that is within it, such as a carob or a fully grown sycamore tree and the cistern and the wine-press. If he gave [the field as a gift], he gave him everything, because with good well is too much of what he gives.",
                "זכו בשדה זכו בכולן – even a cistern and a wine-press and a dovecote that are in the field, because each one merits with its own and it is removed from his fellow completely.",
                "החזיק בכולם – And even though that a carob [tree] and a sycamore [tree] are not neglected regarding the field, they are like two fields, and there is pathway between them and if he gained possession of one of them, he bought its neighbor.",
                "הקדיש כולם – when he dedicates it [to the Temple], he dedicates it with good will.",
                "לא הקדיש אלא חרוב – from all of these that are mentioned in our Mishnah, regarding a sale, he did not sell, regarding devoting to the Temple, he did not devote, for the knowledge of the one who dedicates is like the knowledge of the sell, except for the grafted carob tree and the fully grown sycamore tree, and even though that the sale was not a sale, with a dedication it is sanctified, and the reason is that since from a dedicated field, it absorbs."
            ]
        ],
        [
            [
                "המוכר את הספינה – undefined.",
                "מכר את התורן – (see Talmud Bava Batra 73a) a tall [piece of] wood upon which they suspend the banner/flag. And the banner is a kind of curtain that they suspend on the mast towards the wind.",
                "עוגין – iron that they tie with rope and throw it into the depths of the water to detain and to anchor the ship.",
                "מנהיגים – These are oars that through them they lead the ship to the place that they desire.",
                "מרצופין – large sacks that they place goods into.",
                "אנתיקי – [the funds and stores connected with the business – see Talmud Bava Batra 77b] the practical things that are within the ship, and all of these are considered here that are in the sale, he did not sell if he gave or dedicated the ship [to the Temple]. These are not included in the gift and the dedication to the Temple, and are not similar to a cistern or a subterranean masoned storeroom or a winepress [mentioned] in the chapter above (Chapter 4, Mishnah 2), for all of them are in land and are made void regarding a field regarding sanctification [to the Temple] and gifting. But these are not made void at all.",
                "פרדות – [mules], animals that pull the wagon, but they are not attached to it (i.e., the wagon) at the time of the sale. But there are those who explain פרדות as wood that is separate from the wagon that on pulls the wagon with them, but they are not attached to the it at the time of the sale.",
                "צמד – it is the yoke that they attach and tie [the] bulls together with.",
                "אין הדמים ראיה – for that which he said that one-sixth [overcharge] he purchased [the object], and he (i.e., the seller) returns the overcharge; more than one-sixth, the purchase is void; these words are incidental that the mind errs as the purchaser thinks that it is worth such. And this is an errant purchase, but in order that the mind doesn’t error, such as the example that he purchased a yoke that was worth a Zuz for two hundred, we say that it was given to him as a gift, and there is no voiding of the transaction here. But the Halakha is not according to Rabbi Yehuda."
            ],
            [
                "לא מכר אל כליו – the utensils that are made for riding such as the saddle and pack-saddle, no one would argue that he purchased it, even if they were not upon it (i.e., the animal) at the time of the sale. What they do dispute about are the utensils of burden, such as the sack and the bag with two pouches (see Talmud Bava Batra 78a). The first Tanna/teacher [of the Mishnah] holds that he did not sell the utensils of burden that are upon it (i.e., the animal). But Nahum HaMadi holds that he sold the utensils of burden that are upon it. But the Halakha is according to the first Tanna/teacher, and he did not acquire the utensils of burden, and even if they were upon it (i.e., the animal) at the time of the sale.",
                "חמורך זה – implying as it is with its utensils.",
                "חמורך [הוא] – it is like he is asking him: “Is this your donkey? Sell it to me.” It is like he is selling a donkey, undefined, and the utensils are not sold, even if they are upon it at the time of the sale. But the Halakha is not according to Rabbi Yehuda."
            ],
            [
                "המוכר את החמור מכר את הסייח – the offspring of the donkey and in the Gemara (Talmud Bava Batra 78b) it establishes that he (i.e., the seller) said to him (i.e., the purchaser): This nursing donkey I am selling [to you],” for the milk of the she-ass, of what benefit Is it? But absolutely, she and her offspring are spoken of to him. And the concluding part [of our Mishnah] where he stated: “I am selling to you a nursing cow.” He did not acquire her offspring, for a cow exists for its milk, and he mentioned to him: “a cow for its milk.”",
                "מכר אשפה – a tall place of three handbreadths or more, or three [handbreadths] deep or more, for it is normal to place there the manure of his cattle.",
                "מכר בור מכר מימיו – Our Mishnah is the opinion of a single authority, but the Rabbis dispute it and state that if one sold a cistern, one did not sell its water, and the Halakha is according to the Sages.",
                "הלוקח פירות שובך – what the doves gave birth to all year.",
                "מפריח – the purchaser [must let the first brood fly away].",
                "בריכה ראשונה – and leave it for the seller and every two offspring are called a בריכה/brood and he leaves them with its mother in order to be in the company of their mother so that they don’t fly away.",
                "פירות כוורת – bees that are born from this beehive this year. The purchaser takes three swarms, three groups from the bees born that first go out from the beehive and brings them into his own beehive. The first ones are important/valuable, whereas the last of the last is the worst. From there, he (i.e., the owner) makes the bees impotent, meaning to say, he takes one, and leaves one for the seller in order that they can grow and become attached with the parents so that the beehive will be refreshed and similarly forever.",
                "חלות דבש – the honey with the wax together are combined to make honeycombs.",
                "מניח שתי חלות – that the bees are supported from them all the rainy days.",
                "גרופיות – boughs, and they grow once again."
            ],
            [
                "הקונה שני אילנות – undefined, he did not purchase the land surrounding it at all.",
                "הגדילו – the boughs became wider.",
                "לא ישפה – the owner of the land should not cut them, even though their shade is destroying his land, for since the owner of the trees has no land, the owner of the land mortgaged to him (i.e., the owner of the trees) for all their needs all the while that they are existing.",
                "גזע – whatever is above the ground and sees the face of the sun.",
                "שרשין – whatever is below the ground [level].",
                "שלו – of the owner of the tree, and he should leave it there and let it grow, for we suspect lest the ground rise until it covers the tree coming out of the stump, part of which is in the ground, and they will see something like three trees and the purchase will say: “You sold me three trees and I have land” but he should cut it and burn it.",
                "ואם מתו – the tree dried up.",
                "אין לו קרקע – where he is able to plant another [tree] in its place.",
                "קנה קרקע – for they are considered to be an orchard and he bought the land that is between one tree and another tree. But under them and outside of them is the fulness of fig collector and his basket, in order that he can stand, he can harvest his fruits with his basket. And these words [apply] when there is between one tree and another tree no less than four cubits, but no more than sixteen cubits. Then, he purchased the land between each tree and what is under them. And outside of it, as we have stated, but if there is less than four cubits between each tree, or more than sixteen cubits, he did not purchase the land."
            ],
            [
                "לא מכר את הרגלים – In the Tosefta (Tosefta Bava Metzia, Chapter 4, Halakha 8; Lieberman edition and Tosefta Kifshuta, Tractate Bava Batra, page 376, note 29), it is taught: What are we speaking about? In a place where they did not have the practice, but in a place where they did have the practice, everything is according to the customs of the country.",
                "מכר את הקנה – the lungs, and it is called by this name because of its windpipe."
            ],
            [
                "ד' מידות – laws divided one from the other.",
                "מכר לו חטים יפות – he made a stipulation with him that he should give him nice wheat and they were found to be bad. It is like overreaching/אונאה ; therefore, he (i.e., the buyer) can retract – whomever feels imposed upon/one’s self overreached alone, which is the purchaser, but the seller is not able to retract, and even if the wheat increased greatly in value.",
                "אין אחד מהן יכול לחזור בו – even if they increased in value or became cheaper, for the purchaser is not able to say: “I intended for the beautiful ones, and this one who might say they are bad, because the purchaser tells him: “what is bad is bad.” And similarly, the opposite, that the seller is not able to state that I intended for the bad ones. And this one that I might say are good, it is the manner of the seller to state the bad ones become good ones.",
                "שחמתית – reddish (Genesis 30:35): “and all the dark-colored [sheep], which we translate in Aramaic as שחום/dark, black (or brown).",
                "ונמצאת לבנה – there are those for whom it is pleasant with this, and there are those for whom it is pleasant with that. But in this manner, it is an errant transaction for both of them, and both of them can retract, for if it was supposed to “nice ones,” and it turned out to be “bad ones,’ everyone enjoys “good ones.”",
                "יין ונמצא חומץ – there are those who are pleased with wine, and there are those who are pleased with vinegar."
            ],
            [
                "משך – from the public domain in a recess adjoining an open place to which merchants retire to transact business/market-stand under a colonnade or in a courtyard of both of them, he has acquired it. But taking possession by drawing towards one’s self the object to be acquired in the public domain has no effect.",
                "אע\"פ שלא מדד – and such as he case where he fixed a price from the outset for such and then he gives him the measurement, but if he did not fix the price [even though] he measured and drew it towards himself, he did not acquire it, because he did not rely upon the fact that the seller is able to raise the price as he wants and the buyer says: “I won’t purchase it other than at a cheap price.”",
                "מדד – the seller to the purchaser in the public domain, even in the utensils of the purchaser, he did not acquire it, for the utensils of a person do not purchase things for him in the public domain, but if the purchaser himself measured it, even in the public domain, he acquired it through lifting it up.",
                "אם היה פקח – the purchaser.",
                "שוכר את מקומו – if he is in the domain of the owners, and hs place acquires for him. And we are speaking about large burdens where it was not the manner to lift it up, therefore, he acquires it through pulling it.",
                "עד שיטלטלנו – that is through lifting, and it (i.e, the Mishnah) took the way of things – that the way of lifting to carry from one place to another place.",
                "אם היה מחובר לקרקע – In the Gemara (Tractate Bava Batra 87a and see Rashi’s explanation and the reference to Tractate Bava Batra 54a) it is established it as in the case where the seller says to the purchaser: “go and take possession of a small piece of the land and you will acquire everything that is upon it,” for since he had been hired to do work on his (i.e., the owner’s) land, and worked on it a little bit, his being hired acquired it for him, and he acquired also that thing which he had wanted to acquire for himself with his being hired. Therefore, if he tore out a little bit, he acquired/bought it."
            ],
            [
                "עד של נתמלאה המדה – it (i.e., the Mishnah) is speaking about the measure [of a middleman] that is not either of theirs, and the lender lent to both of them, it is borrowed by the seller; therefore, before the measure was filled up, the utensil is lent to the seller, and the burying did not acquire it. Once the measure was filled up, the utensil is lent to the buyer; the buyer has acquired it, for he has acquired it. And we are speaking of a market-stand underneath a colonnade or in the domain of the purchaser.",
                "היה סרסור ביניהם ונשברה החבית – the utensil was his (i.e., the agent’s/middleman’s).",
                "נשברה לסרסור – and we don’t say that he is the agent of the purchaser and it was broken by the purchaser.",
                "וחייב להטיף לו ג' טפין – the seller to the purchaser from the what cleaved to the walls of the measure after he had emptied out the wine or the oil.",
                "הרכינה ומיצת – he turned it the measure over on its side after he emptied the oil or the wine and let it drip three drops and what was drained of the measure was gathered at the rim of the utensil to one place, and they belong to the seller, for the purchaser had despaired of it.",
                "",
                "והחנוני אינו חייב להטיף ג' טפין – because he is preoccupied that he is selling every hour.",
                "ר' יהודה אומר – they did not say that the storekeeper is exempt from letting three drops drip out, but rather, it was the Eve of the Sabbath near dusk. But the Halakha is not according to Rabbi Yehuda."
            ],
            [
                "השולח בנו – minor [child] with the storekeeper and in his hand was a Duponium/a Roman coin equal to two Asses which are two Issarim to bring to him an Issar of oil. And he will give him another Issar. And this is what he did. But the young child broke the flask and the oil spilled and he lost the Issar that the storekeeper gave him. The storekeeper is liable for oil, and for the flask and for the Issar, for the father did not send his minor-age child to the storekeeper other than to inform him that he needs oil, not that he should send the oil through his (i.e., the child’s) hand. And in the Gemara (Tractate Bava Batra 87b-88a), it raises the question: why is the storekeeper liable for the flask? It is a loss with consent. For he himself (i.e., the father) sent it in the hand of his son, and [the Gemara] answers for example that the storekeeper took it to measure oil for others. Therefore, he became a thief concerning it. And it exists in his domain until he returns it to the mater. And even though he returned it to the young child, he is not exempt from it.",
                "רבי יהודה פוטר שעל מנת כן שלחו – for just as the storekeeper sent it in the hand of his son",
                "שהוא פטןר – from the cost of the flask, but the Halakha is not according to Rabbi Yehuda."
            ],
            [
                "הסיטון – a business man that purchases a lot together, and then goes back and sells to storekeepers bit by bit (i.e., wholesale provision dealer).",
                "מקנח מדיותיו – for the wine and/or the oil hat became congealed in them and the measurement is lessened.",
                "ובעל הבית – that doesn’t sell frequently like a wholesale provision dealer, cleanses them once a year.",
                "פעמים בשבת – the storekeeper is not liable to drip three drops as the wholesale provision dealer and the owner as it remains in the utensil and cleaves to it.",
                "וממחה – he cleanses the stones of his scales that he weighs on them a moist/liquid thing.",
                "על כל משקל ומשקל – every time that he weighs something, he cleanses it/wipes it down."
            ],
            [
                "וחייב להכריע טפח – from the weight a liter and beyond, but less than a liter, he doesn’t need the customary additional weight in retail of a handbreadth (see Tractate Bava Batra 89a).",
                "היה שוקל עין בעין – as for example, in a place where they did not have the practice of the customary additional weight in retail of a handbreadth and he restores the reed of the balance equally.",
                "נותן לו את הגירומין – his customary additional weight in retailing for every ten liters, he adds one-tenth of a liter which is 1/100 when he sells liquid/moist, and with dry [products], he adds [one-half] of one tenth of a liter to every twenty liters.",
                "למוד בדקה – with a small measure.",
                "לא ימוד בגסה – with a large measure, for there is loss to the purchaser as he doesn’t give him anything other than the one customary additional weight in retailing. But he should need to give him many customary additional weights in retailing.",
                "למחוק – to remove what goes upon the rim of the measure.",
                "לא יגדוש – and even though he adds cost to him.",
                "ימחוק – and even though he lessens for him from the payment."
            ]
        ],
        [
            [
                "המוכר פירות – undefined, and it (i.e., the Mishnah) does not explain whether for eating or for sowing.",
                "אפילו זרע פשתן – for most purchase it for sowing. One can say: “I sold it for eating, and we don’t follow after the majority for money.",
                "רבן שמעון בן גמליאל אומר וכו' – The Gemara (Talmud Bava Batra 93b) establishes all of our Mishnah according to Rabban Shimon ben Gamaliel but the Mishnah is deficient and should be read as follows: even if it were flax seed, he is not responsible. But surely, garden seeds which are not eaten, one is responsible for them, the words of Rabbi Shimon ben Gamaliel. For Rabban Shimon ben Gamaliel states that garden seeds which are not eaten, one is responsible for them, for it is an errant transaction for certainly he sold them for planting."
            ],
            [
                "המקבל פירות – that he bought grain from his fellow. The purchaser accepts for himself for every Seah a quarter-kab of refuse, for that is the manner of grain in this and not more.",
                "עשר מתליעות – [ten] eaten by worms for every one hundred, which is one out of ten.",
                "קוסמות – bad wine. If the cellar of large wine jugs accepts upon itself ten large jugs, and if the storeroom of pitchers accepts upon itself ten pitchers, and specifically when he stated: “I am selling you this cellar.” And the stiff mass of grist, oil and onions (i.e., a porridge), meaning to say, to place within the cooked dish but if he said: “[I am selling] you a cellar of wine for the stiff mass of grist, oil and onions,” he must give him wine which is all fine for wine of a stiff mass of grist, oil and onions must be fine and enduring and that we have doubts about it other than a little bit. But, if he said, “I am selling you undefined wine,” and no mention of the stiff mass of grist, oil and onions, he gives him intermediate-quality wine that is sold in the store. But if he said: “This cellar I am selling to you,” but he did not mention even if all of it had soured/fermented had arrived.",
                "קנקנים בשרון – in the land of the plains.",
                "מקבל עליו עשר פטסיאות – that are not boiled all the way through and they draw wine and drip it."
            ],
            [
                "אינו חייב – [the seller in his responsibility] for at the time of the sale, it was wine. And specifically, when it became fermented/sour in the utensils of the purchaser, for if it were in the utensils of the seller [when it became fermented], he (i.e., the purchaser) could say to him (i.e., the seller): “ this is your wine and this your vessel,” and the seller is not able to say to him: “why did you leave it (i.e., the wine) in these vessels so long? You are the one who has taken a loss,” for this one could have said to him: but from the beginning, I informed you that it was not my intention to be supported by this wine, other than a little bit [at a time].”",
                "ואם ידוע שיינו מחמיץ – that it is not preserved and the other one says to him that he didn’t need wine, but rather for a stiff mass of grist, oil and onions and to let it stand to take from it only bit by bit.",
                "הרי זה מקח טעות – he should have informed him that his wine does not endure.",
                "מבוסם – it is its manner to endure until Shavuot. But from then onward, the heat spoils it.",
                "וישן – if he sold him wine on the condition that it is old, he gives him from the year before – from the year that past that precedes this one."
            ],
            [
                "בית חתנות לבנו – for it is way of a person to make a house for his son when he gets married to a woman.",
                "בית אלמנות לבתו – when her husband dies and she returns to the house of her father, but during the life of her husband, she is with her husband, for it is not the way for the a groom to live with his father-in-law.",
                "רפת בקר הוא זה – he would need to make it much bigger.",
                "בית קטן – the least of these houses is six [cubits] by eight [cubits]. But a person who sells his friend a place, undefined to make for himself a house, it must be six [cubits] by eight [cubits].",
                "גדול – and if he specified to make for him a large house.",
                "טרקלין – it is made for the seating of princes.",
                "רומו כחצי ארכו וכחצי רחבו – it refers to all of them, meaning for a small house, its height is seven [cubits] and for a large house, nine [cubits] and for a reception room, ten [cubits].",
                "ראיה לדבר היכל – that its length was forty [cubits] and its width twenty [cubits] and its height thirty [cubits], which are one-half its length and width (see First Kings, Chapter 6, verses 2 and 17 for a description of the First Temple and Tractate Middot, Chapter 4, Mishnayot 6-7 for a description of the Second Temple).",
                "הכל כבנין היכל – There is one who say that what is taught in the Mishnah above that its height should be [the sum of] half of its length and half of its width (see also Tractate Eruvin, Chapter 6, Mishnah 6). The proof of the matter is the Sanctuary/Temple. Rabban Shimon ben Gamaliel taught it as Rabbi Shimon ben Gamaliel states: הכל כבנין היכל/Everything should be in accord with the building of the Sanctuary/Temple. But there is one who says that Rabban Shimon ben Gamaliel disputes with the first Tanna/teacher [of the Mishnah] and expresses astonishment in asking: “Should everything be in accordance with the Sanctuary/Temple?” The matter is not dependent upon anything but the custom of the country."
            ],
            [
                "בשעה שבני אדם נכנסים – during the daytime and not to trouble him to get up at night.",
                "זה עושה לו פותחת – so that the owner of the house will not steal from his cistern, and the owner of the house makes another lock on the same door that opens to the well, so that he cannot come to draw water without the knowledge of the owner. And, he will not ever come into the house of the owner of the house other than if the owner of the house is at home, and they established this because of the suspicions of his wife."
            ],
            [
                "מי שיש לו גינה – [and the owner] of the outer [garden] was reconciled to give to [the owner of] the inner garden a path in the middle of his field.",
                "לא יכנס בתוכה – for since he causes great damage when he passes through the middle of his field, we testify that he was not reconciled with him other than for the needs of his garden alone, and that he should not enter for any other usage.",
                "והחיצון זורע – for since that he is in the middle of his (i.e., the other’s) field, we testify that he did not pardon him completely and that he should not be able to sow seeds.",
                "זה וזה אין רשאין לזרעה – because It is from the side; for walking through only he designated it."
            ],
            [
                "מי שהיתה דרך [הרבי'] עוברת בתוך שדהו – the masses always presumed to be able to pass through there.",
                "ושלו לא הגיעו – but the many have two paths, for we hold that a narrow path marking the boundary that the masses presumed [to use], it is forbidden to ruin.",
                "דרך היחיד – a person who sells to his fellow a path within his field needs to give him four cubits.",
                "דרך המלך אין לו שעור – for the king breaches a fence in front of him to make for himself a path.",
                "דרך הקבר – when they carry the dead person to his grave, there is no measure. It is an enactment of the Sages because of the dignity of the deceased, but they are not able to breach a fence like the way of the king, but those who accompany the dead can pass ove seeds and the don’t have to turn to the one side or the other.",
                "בית ארבעה קבים – it is [thirty three cubits and two handbreadths] wide at the length of fifty cubits. And the funeral-halting place where they would make seven halts of the funeral escort on returning from burial for lamentation or consolation, corresponding to the seven mentions of הבל/vanity in at the beginning of the [Biblical] book of Ecclesiastes."
            ],
            [
                "המקבל מחבירו – with contract-labor job that he should dig him a grave.",
                "ארבע אמות – in width and six [cubits] in length.",
                "",
                "שלש מכאן ושלש מכאן – to the two sides of the length of the cave, and two opposite the entrance to the cave, and each grave is four cubits long, and its width is six handbreadths at a height of seven cubits, it is found that between each and every grave from the sides is a cubit-and-a-half, and between the two that are opposite them two cubits.",
                "הכל לפי הסלע – if the place is hard, the recipient is not liable to dig other than six cubits length and four cubits width according to the words of the first Tanna/teacher [of the Mishnah], but if the place is soft and crushed earth, the recipient is obligated to dig [a grave] six [cubits] by eight [cubits] according to the words of Rabbi Shimon, but the Halakha is according to the first Tanna/teacher."
            ]
        ],
        [
            [
                "האומר לחבירו בית כור עפר – the measurement of a Khor’s worth of seed is seventy-five thousand cubits where the courtyard of the Tabernacle was a field requiring two Se’ah of seed, which was one hundred [cubits] by fifty [cubits] and a Khor is thirty Se’ah.",
                "עפר – that is appropriate for sowing is implied. But if he stated, in an area requiring a Khor’s of seed undefined, or a field requiring a Khor of seed, even if all of it is rocks, he takes possession of it, for perhaps it was to build a house or to spread out fruit [to dry], he required it.",
                "נקעים – fields ten handbreadths deep or [rocks] ten handbreadths high, and for example, they are wide four handbreadths by four handbreadths and are an important place.",
                "אין נמדדין עמה – and he must give him an area requiring a complete Khor of seed from level/smooth ground, for a person does not want to put all of his money into one place, and he will show him two or three places.",
                "כבית כור – which implies as it is, whether it is rocks or soil."
            ],
            [
                "מדה בחבל – meaning to say, with an exact measurement, I sell you this field which has a Khor’s worth of soil, just as they measure with the rope’s measurement, no less and no more.",
                "פחת כל שהוא – for that field did not have a complete Khor’s worth of soil, the transaction exists and the seller deducts according to that which is less.",
                "הותיר – land [was additional] a little bit, over the Khor’s worth, he (i.e., the purchaser) returns to the seller the land that was added on or the value of the land as will be explained further on.",
                "אם אמר לו – the area of a Khor’s worth of soil I am selling to you, whether it be less, whether it be more for such and such a cost, and he did not tell him, “according to the measurement of the rope.”",
                "אפילו פחת או הותיר רובע קב – for every Se’ah, which means thirty quarters (i.e., a quarter Kab equals 104 1/6 square cubits) for the area requiring a Khor of seed, he takes possession of it. For since the Tanna/teacher [of the Mishnah] taught even if he lessened it by one-quarter for a Se’ah (i.e., a Se’ah’s area equals 2500 square cubits), and did not teach “even if he lessened it seven and one-half kabs to the Khor, we learn from it, that even in a small sale, such as a Se’ah I am selling you, whether it be less or more, if he lessened it by a quarter of a Khor or added to it a quarter, he takes possession of it. But if he said, an undefined area requiring a Khor of seed, also whether it is less or more, it is similar.",
                "יותר מכאן – more than one-quarter for every Se’ah if he gave too much, he should make an accounting, calculating how much he gave over the area requiring a Khor of seed, and how much they are worth, according to the calculations that he sold him an area requiring a Khor of seed.",
                "ולמה אמרו יחזיר לו מעות – for according to the law, he doesn’t have to return anything to him other than land, for the purchaser did not buy anything other than an area requiring a Khor of seed., but the Sages did not establish that he should give him money corresponding to this extra part, but rather to give the prerogative to the seller, so that he will not lose that small amount of land, and it will not appear to him to be anything.",
                "שאם שייר – in the area of a field requiring a Khor of seed, a house of nine Kabs, for now it appears to him that this field that we spokk about which is a house of nine Kabs is considered to be called a field, therefore, he does not return to him the money, but rather, the seller takes his field. And we learn from our Mishnah that seven and one-half kabs for a Khor which is a quarter of a kab for every Se’ah, there is a pardon. From seven and one-half kabs until nine kabs but not exactly in total, he makes an accounting; nine tabs or more, he returns the land.",
                "ולא את הרובע – this is what he said: where we said that he should make an accounting, or return the land, not the additional alone does he return, but also the thirty fourths of the extra area of the Khor of seed he also returns. And because he has important land among everything, he does not forgive anything."
            ],
            [
                "מדה בחבל וכו' – A person who says to his fellow these two languages that contradict each other, the measure of the rope, which implies be defining exactly/squeezed in/confined whether less or more [as measured by the rope] that implies that he was not strict about a small amount less or more, the latter language which is a small amount less or more nullifies the first language which is that which is measured by the rope, and even if he lessened it a quarter of a Se’ah or made it larger by a quarter of a Se’ah, he has taken possession of it.",
                "דברי בן ננס – for he holds that one should take hold of the latter language. And the Rabbis disagree with him, whether the first [language] or the latter [language] for they doubt if he took possession of the first language or the latter language. And the purchaser takes the lesser of the measurements, and the Halakha is according to the Sages.",
                "בסימניו ובמצריו – He (i.e., the seller) said to him (i.e., the purchaser): “I am selling to you an area requiring a Khor of seed of soil within these markers and these boundaries.",
                "[הכי גרסינן] פחות משתות הגיעו [עד] שתות ינכה – This is the interpretation: if he lessened it by one-sixth of the area of a Khor of seed, and all the more so, less than one-sixth, he takes possession of it, but more than one-sixth and below up until one-sixth, but not one-sixth included, he deducts from it."
            ],
            [
                "משמנין ביניהן – they see the place of the fatter/better part of the field, and the seller takes that part, for the hand of the purchaser is at a disadvantage, and corresponding to it, he (i.e., the seller) gives to the boundarTalmud Bava Batra 107b). For when he (i.e., the seller) said to him (i.e., the purchaser): “I am selling you one-half of the field,” according to the worth of the half of the field, he said to him. And if it was one-hundred cubits [in total] for one hundred denars, but within it are thirty cubits which is the fatter/better part worth fifty denars, the seller takes that, and gives to the purchaser the seventy cubits which are the from the worst part for fifty denars. And the practical difference is that a person wants a Kab of the best took hold of the first language or the latter language, and the purchaser takes the less of the",
                "חציה שבדרום אני מוכר לך – we do not compromise to average all of the field as it is in the first part [of the Mishnah], but rather, we estimate what half of the field in the South is worth, whether good or bad, and corresponding to what one-half of the field is in the South, the seller gives to the purchaser in any direction what he desires from the worst that he has, for the hand of the purchaser is at a disadvantage, and perhaps, this is what he said to him: “What is worth half that is in the South, I sell you from my land in any place that I desire.”",
                "ומקבל עליו – the purchaser with his one-half field that he purchased to make a fence, and/or a large ditch or a small ditch. Both of them are behind the fence from the outside, in order that no wildlife not jump in and enter the field, for if he made a large ditch, he does not make a small ditch, for since the ditch is wide, it enters into it and jumps above its second rim, but if he made a small ditch and did not make a large ditch, since it is small, there exists garbage and it jumps. And how much is the distance between one small ditch and another small ditch? A handbreadth."
            ]
        ],
        [
            [
                "יש נוחלין – there are relations that inherit their relatives when they die, and even when they themselves die. They bequeath to them their money.",
                "האב את הבנים – as it is written (Numbers 27:8): “If a man dies without leaving a son, you shall transfer his property to his daughter.” In place of a daughter, you transfer the inheritance from the father, but you do not transfer inheritance from the father in place of brothers.",
                "והבנים את האב – as it is written (Numbers 27:8): “If a man dies without leaving a son;” but if he has a son, the son precedes.",
                "והאחין מן האב – as it is written (Numbers 27:10): “in his own clan, and he shall inherit it.” And the family/clan of the father is called a family, as it is written (Numbers 1:2): “by the clans of its ancestral houses.”",
                "והאיש את אמו – as it is written (Numbers 36:8): “ Every daughter among the Israelite tribes who inherits a share [must marry someone from a clan of her father’s tribe, in order that every Israelite may keep his ancestral share],”how a daughter inherits two tribes, but this [is the case] where her father is from one tribe and her mother is from another tribe, \"וירשתן\"/and she shall inherit them (see Numbers 36:8 and Talmud Bava Batra 111a) – for since it is written (in our verse): \"ממטות\"/from the tribe, he made an analogy of two verses near each other – the tribe of the mother to the tribe of the father. Just as the tribe of the father, the son precedes the daughter, so too, the tribe of the mother – the son precedes the daughter.",
                "והאיש את אשתו – as it is written (Numbers 27:11): “[If his father had no brothers, you shall assign his property to] his nearest relative [in his own clan and he shall inherit it].” “the nearest relative” is one’s wife. And we read it this way: “And you shall give the inheritance of his nearest relative to him and deduct or add and we expound, that even she shall inherit him, as the inference teaches us: (Numbers 27: 11): “and he shall inherit it.” He inherits her, but she does not inherit him (see also Talmud Bava Batra 111b)."
            ],
            [
                "כל הקודם לנחלה. יוצאי יריכו קודמין – if his descendants are not living, their inheritance returned with the father. How so? Reuven who died. Hanokh, and Palu, Hezron and Carmi [his sons] inherit him and if one of the sons predeceases Reuven, and that son [who died] left a son or a daughter [or a son of a son or a daughter of a son] or the son of daughter or the daughter of a daughter, until one hundred generations, he shall inherit in place of his father of the property of Reuven his father. And he will take like one of the sons of Reuven and if Reuven doesn’t have any sons, but not sons of sons and even the daughters of sons, for then, the daughters of Reuven would inherit Reuven, but not the daughters of daughters, until all the generations. Then Jacob would inherit his son Reuven. But if Jacob is no longer living, then Reuven’s brothers, the sons of his father (i.e., Jacob) would inherit, Shimon, Levi and Judah [Joseph and Benjamin] [etc. and if they no are not living, the sons of Shimon and Levi, etc. would inherit Reuven]. But if they don’t have sons, nor sons of sons (i.e., grandsons), their daughters would inherit. Or the sons of their daughters or the daughters of their daughters. For in every place, the male and his inheritors precede the female. But if the brothers of Reuven died without progeny, or if he hadn’t ever had a brother, his sister Dinah, the daughter of Jacob would inherit him, or her sons or the sons of her sons [or her daughters and the daughters of her daughters] until the end of the world. But if Reuven does not have a sister nor the progeny of a sister, his inheritance would return to the father of his father, which is Isaac. But if Isaac is not alive, the inheritance would return to Esau the son of Isaac who is the brother of the father of Reuven (i.e., Jacob), and if Esau is not [alive], the inheritance of Reuven would return to Eliphaz the son of Esau, or to his sons, or to his grandsons or to his daughters or to his granddaughters to the end of all generations. But if there are no brothers to the father of Reuven (i.e., Jacob) nor to the sons of his sons, the inheritance of Reuven would return to his father’s sister or to her sons or to the children of her sons or to her daughters according to the order that we stated. But if Reuven’s father does not have either brothers nor grandchildren, nor a sister nor the children of his sister the inheritance of Reuven would return to Abraham, his paternal great-grandfather, and similarly forever until the first human being (i.e., Adam).",
                "האב קודם – forever to the brothers of the father and to their children [but the brothers of the father precede the sisters of the father] and the brothers of the father and the sisters of the father precede [the father of the father, and the father of the father precedes the brothers of the father’s father and the sisters of the father precede [the father of the father, and the father of the father precedes the brothers of the father’s father, and the brother’s of the father’s father, and even his sisters precede to the father of his father’s father, and similarly forever."
            ],
            [
                "נטלו שלשה חלקים בנחלה – in the inheritance of the Land of Israel. And this Tanna/teacher [in the Mishnah] holds that the Land [of Israel] was divided to those who left Egypt, as it is written (Numbers 26:55): “[The land, moreover, is to be apportioned by lot;] and the allotment shall be made according to the listings of their ancestral tribes” (see Talmud Bava Batra 117a). And Tzelophchad and Hefer, his father, took portions in the Land, for both were among those who left Egypt. But the daughters of Tzelophchad took the portion of their father that would become his property in the Land. And the portion that would become his from the inheritance of Hefer his father. And the portion of his first-born share as he was a first-born and he takes a double portion. But even though they had not yet inherited the land, the first-born does not take a double portion as is appropriate to come after death. The Land of Israel was held in possession."
            ],
            [
                "אחד הבן ואחד הבת בנחלה – this is what he said: both the son and the daughter are equivalent in the inheritance of the property of the mother, [just as in the inheritance] of the property of the father. And there is no difference between the inheritance of the property of the mother to the inheritance of the property of the father other than that the first born son takes a double portion in the property of the father but does not take a double portion in the property of the mother."
            ],
            [
                "לא אמר כלום – and he is not able to remove hm from the inheritance, other that via that he would give his property to the rest of his sons through a gift.",
                "על פיו – because it is a Mitzvah in the consequence of a death and a person on his deathbed, his words are like they were written and transmitted and they don’t require an [act of] acquisition, and because of this it is taught “by his mouth”/על פיו.",
                "והשוה להן את הבכור – in the language of a gift.",
                "דבריו קיימין – and we don’t have here [the case] of a person making a condition against what is written in the Torah because it is within the power of an individual to give his money as a gift to whomever he desires.",
                "ואם אמר משום ירושה – and if he increased [the monies] to one and lessened them to another in the designation of inheritance as he said: “So-and-so my son will a field that is an area requiring a Khor of seed, and so-and-so my son will inherit a field that is in an area requiring a one-half Khor of seed. But regarding his first-born son he said that he would inherit like that of his fellow, he did not say anything, for he made a condition that is against what is written in the Torah.",
                "כתב בין בתחלה וכ' – “You will give such-and-such a field to son-and-so, and he will inherit it.” This is at the beginning. “He will inherit it and you will give it to him.” This is at the at the end. “He will inherit such-and-such a field and you will give it to him and he will inherit it. This is a gift in the middle.",
                "אם אמר על מי שראוי ליורשו – as for example, regarding a son among the sons, or regarding a daughter among the daughters, so-and-so will inherit me, his words are fulfilled, as it is written (Deuteronomy 21:16):”When he wills his property to his sons [he may not treat as first-born the son of the loved one in disregard of the son of the unloved one who is older].” The Torah gave permission to the father to bequeath to the sons to whomever he desires. And Rabbi Yohanan [Ben Beroka] agrees regarding a brother in place of a daughter, and regarding a daughter in place of a son, he has not said anything for the daughter is not worthy of inheriting in place of a son nor is the brother [worthy of inheriting] in place of a daughter. And similarly, Rabbi Yohanan [ben Beroka] agrees that if he made the first born equivalent to the [other] sons, he has not said anything, as it is written (Deuteronomy 21:16): “he may not treat as first-born the son of the loved one.” And the Halakha is according to Rabbi Yohanan ben Beroka.",
                "",
                "אין רוח חכמים נוחה הימנו – The Sages have no pleasure from his actions, and even if his sons did not conduct themselves appropriately. Perhaps, there will arise from them a higher-level seed. But the Halakha is not according to Rabbi Shimon ben Gamaliel."
            ],
            [
                "זה בני נאנון – to inherit him and to exempt his wife from levirate marriage.",
                "זה אחי אינו נאמן – to cause him to inherit with his brothers, for they do not recognize him.",
                "ונוטל עמו בחלקו – as for example, if they are two brothers, besides the doubt, and they have to divide three fields, This one takes a field and one-half, and that one takes a field and one-half, and the third one testifies on the doubt that he is their brother, he gives him one-half of the field, but the other does not give him anything, or he says to him: “bring proof and then take.”",
                "מת – [the one about whom there is] doubt.",
                "יחזרו – those properties that his brothers gave him.",
                "למקומן – meaning to say, to whomever had given them to him, but the other brothers do not inherit with him.",
                "נפלו לו – to the one [about whom there is] doubt.",
                "נכסים ממקום אחר – during his lifetime; or he bought property and now is dead.",
                "ירשו אחיו – of the one who testifies that he is their brother.",
                "עמו – for surely he admits to them that he is their brother, but these words [concern] when the rest of the brothers did not deny to state that he definitely is not their brother, but rather claim that they don’t recognize him, but if they deny that he is their brother, they do not inherit him other than the one who testified about him alone.",
                "דיאתיקי – a will of someone on his deathbed. And the language of דיאתיקי is this what shall be established and come to pass.",
                "קשורה לו ביריכו – that is not to say that after it was written and placed there, even so it is worthless, for he did not complete to transfer possession other than with the receipt of a document, but there is no document after death."
            ],
            [
                "צריך שיכתוב מהיום ולאחר מיתה – that implies the body of the land will be acquired by you from today, but you will not eat of the fruits until after death, but if he did not write, “from today,” he did not give him anything for there is no gift after death.",
                "אינו צריך – [it is not necessary] to write “from today, for since he wrote in the document: “on such-and-such day of the week, so-and-so told us, “be for me witnesses,” the date [and time] of the document proves that from that day, the gift began. But if he did not say this, the time that is written in the document – for what purposes was it written? And the Halakha is according to Rabbi Yosi.",
                "לאחר מותו – from today and after death.",
                "האב אינו יכול למכור – without the son, for the body [of the estate] was acquired by the son.",
                "",
                "מכר האב – [the father sold] in an undefined manner the fruits are sold to the purchaser, until the father dies.",
                "מכר הבן – during the lifetime of the father, [the son sold it], the purchaser does not have the fruits until the father dies.",
                "האב – who wrote that his property is to go to his son from today and after death, may pluck up and feed the fruit to whomever he desires during his lifetime, but what he left that is attached [is deposed] at the time of death. Even though that it stands to be plucked up, they belong to the son who receives the gift. But he who writes that all of his property is to go to someone else, even what he had left attached to the ground at the time of his death, it belongs to the inheritors, for the intention of a person is closer to his son than to anyone else.",
                "",
                "מתפרנסין – garments and clothing because the support of the older children is greater than the support of the younger children.",
                "נזונים – food and drink, because the food of the younger children is greater than that of the older children, who eat many times and scatter. Therefore, the younger children prevent the older children from supporting themselves from that which belongs to the estate of the house, and the older children prevent the younger children from being fed, but rather, each one is supported and fed from his portion.",
                "נשאו גדולים – they made all the needs of the wedding from the estate of the house after the death of their father, the younger children will also get married with [the support of] the estate of the house.",
                "",
                "ואם אמרו הקטנים – behold, we will get married in the manner that you married during the lifetime of our father, we don’t listen to them, but rather, what their father gave them during his lifetime, he gave [them."
            ],
            [
                "הניח בנות – but not sons.",
                "שהבנות נזונות מן הבנים – according to the conditions of the Jewish marriage contract/Ketubah, for the young daughters are not supported [at the expense of] the older daughters, and in a place where there are no sons who inherit, the daughters do not eat according to the conditions of the Ketubah but rather they divide it equally, and each one is supported from her own [portion] (see Tractate Ketubot, Chapter 6, Mishnah 6 for a comparison)."
            ]
        ],
        [
            [
                "מי שמת. שהנכסים מרובים – in order that the sons will be supported and the daughters until they become adults (i.e., the age of twelve and one-half years – or until they are married, after which the balance of the estate goes to the sons).",
                "שהנכסים מועטים – and they don’t have a measure like this.",
                "בשביל שאני זכר הפסדתי – in astonishment. Burt rather, I will not lose out and all of us will be supported together. But the Halakha is not according to Admon. The put the widow with the daughter when the property is small, like a daughter with the brothers. Just as the daughter is with the brothers, the daughter is supported whereas the sons go begging at the doors. Even the widow is with the daughter. The widow receives support and the daughter goes begging at the doors."
            ],
            [
                "וטומטום – doubtfully a male and doubtfully a female.",
                "הזכרין דוחין אותו אצל הנקבות – for they say to him, bring proof that you are a male and take [your portion].",
                "הנקבות דוחים אותו אצל הזכרים – as they say to hm, bring proof that you are a female and you will be supported with us.",
                "ילדה זכר נוטל מנה – and even though we hold that one who makes an assignment to a fetus did not acquire it, here we are dealing with someone on his deathbed who made an assignment to his son, he acquired it, for the temperament of a person is closest with his son.",
                "ילדה זכר ונקבה – twins together.",
                "ילדה טומטום אינו נוטל – this Mishnah is superseded and the Halakha is that a person of indeterminate sex takes the least of the two of them.",
                "יורש את הכל – so that you don’t say that this is a creature of its own kind, and not worthy of inheritance. This comes to teach us that this is not the case."
            ],
            [
                "השביחו גדולים את הנכסים – while they are still belonging to the estate (before division among heirs).",
                "השביחו לאמצע – and these words refer, when they improved the estate on account of the estate themselves, for they didn’t take out anything of their own, but only from the estate of their father, they hired workers. And they improved the estate on account of themselves. But if they dug and planted and spent their own money, the improvements they made, they made for themselves.",
                "וכן אשה שהשביחה – In the Gemara (Tractate Bava Batra 144a) we establish it with a woman inheriting such as the case of Reuven who married the daughter of Shimon, his brother. But alas, he died without having any children. And the daughters of Shimon, his brother, inherit him. It is found that his wife, who is the daughter of Shimon, his brother, inherits him with the rest of her sisters. And you might say that with this benefit that she derives due to the emerging rumor that she manages [her husband’s property] and improves it, even if she had said, “see what my husband left me etc.,” even so, she renounced it and wants to improve it for the common fund/estate (and divide the profit equally). But it comes to teach it that she improved it for herself."
            ],
            [
                "שנפל אחד [מהן] לאומנות – to the service of the king, for it is the custom of the king to appoint from all the houses of the city one person [to serve] as custom-collector/publican for one month or two months.",
                "נפל לאמצע – all the profit, because it was on account of his father that it came time, but if was on his account, because of his sharpness and importance and wisdom that he was taken into the service of he king, what he earned, the profit is for himself.",
                "חלה ונתרפא – if he became sick by accident, meaning to say, that he was not negligent with himself and he is cured from the estate, but if he got sick from blowing cold winds/cold draughts, and similar things, and it is written concerning it (Proverbs 22:5): “Thorns and snares are in the path of the crooked; [He who values his life will keep far from them],” in this we state in our Mishnah that he is not healed other than from what is his.",
                "שושבינות – it is the manner of wedding gifts (see Talmud Bava Batra 144b) that one takes a meal and a gift to the wedding and eats with him, and the other returns and does the same for that one when he marries a woman. But if the father sent the wedding gift undefined via the hand of one of his sons, and the wedding gift returned after that following the death of the father, it returned to the estate, because it is like a loan, for it can be collected in the Jewish court of law, For a person who brings a wedding gift to his friend can go back and claim the wedding gift from him in a Jewish court, that he should give him the wedding gift in the manner that he had given it to him. And it will be that the second marriage should be like the first marriage: if she is a virgin, she is a virgin, if she is a widow, she will be a widow, and if in public, it will be in public, and if it is private, it will be in private, for the second can say to the first, “I will not do with you other than in the manner that you did for me.”",
                "אבל השולח לחבירו כדי יין וכדי שמן – without a wedding, or alternatively, at a wedding, and he doesn’t go to eat with him, this is not wedding gifts, but rather a [personal] gift, and they are not collected in the Jewish court."
            ],
            [
                "השולח סבלונות – it is the custom of grows on the morrow of the betrothal that they send to the house of the betrothed ornaments and kinds of precious goods and pitchers of wine and pitchers of oil, and sometimes, the groom goes to eat there.",
                "אינן נגבין – if he (i.e., the groom) dies or she (i.e., the bride) dies, or he comes to divorce her, for on account of his love and joy of eating he pardoned, and especially when he at a Denar’s worth, but if he at less than a Denar, he did not pardon and he collects the nuptial gifts.",
                "שלח סבלונות מרובים – and even a little, if he explained that on the connection that they come with her, to the house of her husband, then these are collected. But it is the way of things that [the Mishnah] took that it is the manner of nuptial gifts that they send them in order that they will come to the house of the husband, to be many. And those which they send in order that she can adorn herself with them in the house of her father, it is the manner to be few."
            ],
            [
                "ושייר קרקע כל שהוא – (see Tractate Peah, Chapter 3, Mishnah 7 for a similar statement at the beginning of the Mishnah) and the same law applies if he left to himself movable, his gift is a gift. But if he stood and doesn’t return and he who acquired something from him on this same gift, as the gift of someone on their deathbed for a portion, requires acquisition, whether standing or not standing. But if he did not acquire it from his hand, the recipient did not acquire the gift, even if the person on his deathbed died. And especially, if he came to transfer/give possession the gift while living. But if he said: “Give to so-and-so this and that after his death,” he doesn’t require acquisition even if he left something to himself. And a person on his deathbed who came to give a a gift while living, if he did not leave anything to himself and stood, it goes back and even if they acquired it from his hand. It is a Mitzvah on account of death that he heard him when he said: “Woe is he who dies.” It (i.e., the gift) always returns [to its owner] whether he left [something to himself] or he did not leave [something to himself], and even if they acquired it from his hand. But if he died, the recipient acquired the gift, and even without acquisition.",
                "לא כתב שכיב מרע – a pitcher of harvest and throws it into his bier, and even if it is not the language of gift of a healthy individual when he walked in the marketplace on his feet and didn’t leave anything.",
                "הוא אומר שכיב מרע הייתי – and I have retracted, but the other says: “You were healthy and you cannot retract, he has to bring proof that he was on his deathbed, since after the present we follow, since presently, he is healthy. It is upon him to bring proof that he was on his deathbed at the time of the gift.",
                "",
                "וחכמים אומרים – we don’t follow after the present but we say: “the claimant must produce evidence” (see Tractate Bava Kamma, Chapter 3, Mishnah 11 as well as the last line of our Mishnah). And the recipient of a gift who comes to remove it from the hand of the giver who is in possession of it, he must bring proof and witnesses that he (i.e., the giver) was healthy at that time, and the Halakha is according to the Sages."
            ],
            [
                "ר' אליעזר אומר אחד בריא ואחד מסוכן – Rabbi Eliezer does not hold by [the statement] that the words of a person on his deathbed are as if they are written and transmitted, and even if one issues directives due to [his imminent] death, he holds that his gift is not a gift, other than through an acquisition, like the gift of a health individual. But the Halakha is not according to Rabbi Eliezer.",
                "כבינתי – it is the Aramaic translation of a brooch of hammered metal.",
                "תקברם אמם – meaning to say, they don’t bring a proof from them because they were wicked, and the Rabbis fined the sons to fulfill for the daughter the gift of their mother, even though it was not according to the law.",
                "אבל לא החול – if the person on his deathbed distributed his possessions on a weekday.",
                "קל וחומה בחול – and such is the Halakha, that whether it is a weekday or Shabbat, the words of a person on his deathbed are as if hey are written and transmitted, and there is no need for an acquisition. But if he asked tha they should acquire it from his hand, they acquire it from it, whether on weekdays or on Shabbat in order that his mind should not be troubled by it."
            ],
            [
                "יורשי האב אומרים הבן מת ראשון – and the creditor cannot collect from these properties for the son never took possession of them.",
                "ובעלי החוב אומרים האב מת ראשון – and the properties fell one hour before the son and they are mortgaged to the marriage contract of his wife and the creditors.",
                "בית שמאי אומרים יחלוקו – the School of Shammai holds that the document that stands to be collected is considered as collected, and the inheritors of the father and the creditors, both of them are in possession. Therefore, they divide it.",
                "ובית הלל אומרים – the property is in the possession of the inheritors and is seen as possessed, and the creditor comes to take it from their hands, and he has to bring proof that the father died first."
            ],
            [
                "האשה מתה תחלה – and there is nothing for the inheritors of the wife, for the husband died last and inherited his wife.",
                "נכסים בחזקתן – mort-main (i.e., wife’s estate held by her husband, which in case of her death or divorce he must restore “in specie,” being responsible with all his landed property for loss or deterioration) belongs to present occupants but the School of Hillel did not explain if it is in the possession of the inheritors of the wife which were hers or in the possession of the inheritors of the husband for their responsibility is upon him. Therefore, the mort-main is to be divided.",
                "וכתובת אשה – which are a Maneh (= 100 silver denars) or two hundred (denars) and a supplement which remain in the possession of the inheritors of the husband.",
                "ונכסים הנכנסים והיוצאים עמה – these are the usufruct (i.e., the wife’s estate of which the husband has the fruition without responsibility for loss or deterioration) for at the time that she enters [into marriage], they enter with her, and if they lessened, they lessen for her, and if they increased, they increased for her, it is found that the inheritors of the wife take all the usufruct and half of the mort-main."
            ],
            [
                "נפל הבית עליו ועל אמו – and she has no other son other than this one. The inheritors of the son say that the woman died first and the son inherited her property and we inherit the son. But the inheritors of the woman from the family of the house of her father state that the son died first and that we inherit the woman.",
                "אלו ואלו מודים [ – The School of Shammai and the School of Hillel [agree] that they should divide it. But this is not like the case where the house fell upon him and his wife. For in that case, there are two types of property. There is what the husband is in possession of and there is what the wife is in possession of, but here, everything is in the possession of the woman/wife since she was a widow. And both come from the power of inheritance to inherit everything. Therefore, it is divided.",
                "מודה אני בזה – for according to the words of the School of Hillel, we say that is so that the property is left in the hands of the possessors, in the possession of her inheritors from the father’s side, for during her lifetime, once her husband died she is a connected through the tribe of her father. And her monies also during her lifetime are in the possession of her father’s tribe. Therefore, her inheritors from the father’s side inherit her, and the Halakha is according to Rabbi Akiba.",
                "על חלוקין אנו מצטערין – meaning to say, on the disagreement above of the Schools of Shammai and Hillel. We are saddened that they didn’t come to agreement and you say that also with this they are divided. And you came to dispute on the first Tanna/teacher, that they are both equivalent."
            ]
        ],
        [
            [
                "גט פשוט – a plain document similar to ours which are not sewn or folded; and every document is called a Get.",
                "עדיו מתוכו – from the inside, similar to ours that we make.",
                "מקושר מאחוריו – he (i.e., the scribe) writes one line or two and wraps them on the blank part and sews it. And one witnesses inscribes on the wrapping from the outside, and he (i.e., the scribe) goes back and writes two lines from the inside and wraps them on the blank part and the second witnesses inscribes on the wrapping from the outside. And similarly, the third witness. But the Rabbis established a folded document because of stringent Kohanim, because they would write a bill-of-divorcement suddenly to their wives and then regret it and they wouldn’t be able to restore them (i.e., because a Kohen cannot marry a divorced woman – see Leviticus 21:7), and the Rabbis ordained for them a folded bill-of-divorcement which is not easy to write quickly, lest in the midst of it, he is pacified. And just as they ordained/instituted a folded document for a Get, so they instituted for other documents that the Sages did not disagree with.",
                "שניהם פסולין – for they did not act as the Sages ordained.",
                "שיכול לעשותו פשוט – for if the seams would tear and the Get would open, it would be a plain document.",
                "רשב\"ג אומר הכל כמנההג המדינה – there is a dispute between Rabban Shimon ben Gamaliel and the Rabbis in a place where there is the practice of [both] a plain document and a folded document. If someone said to him: “Make for me a folded [document]” and he went and he made for him an ordinary document, or “Make for me an ordinary document” and he made for him a folded document, the first Tanna/teacher [of the Mishnah] holds that he is particular, and it is unfit. But Rabban Shimon ben Gamaliel holds that since with both (i.e., the plain document and folded document), it [depends upon] local custom, he is not strict and it is appropriate/fit, but the Halakha is according to the first Tanna/teacher [of the Mishnah] (see Talmud Bava Batra 165a)."
            ],
            [
                "פשוט שכתוב בו עד אחד – this is what he said: just as when a plain document in which only one witness is written in it is unfit from the Torah, so also a folded document in which only two witnesses are written in it is also unfit from the Torah.",
                "אין לו אלא עשרים – and even though [it states] one-hundred zuzim, they are twenty-five Selaim. The hand of the owner of the document is at a disadvantage. And this is how we interpret for him a document: one hundred inferior Zuzim are not worth other than twenty Selaim.",
                "אין לי אלא מנה – twenty five Selaim, this is how we interpret it for a document: One hundred Zuzim which are thirty light and inferior Selaim, which are twenty-five from the good ones.",
                "ונמחקו – the number that is written afterwards is erased.",
                "ומלמטה מאתים – when he doubles his words in the document.",
                "הכל הולך אחר התחתון – as long as it will not be written last in the document.",
                "למה כותבין את העליון – for since at the end, the document repeats and states it again, and the responsibility of this money such-and-such I accepted upon myself (see Talmud Bava Batra 167b)."
            ],
            [
                "כותב גט לאיש – and [the witnesses] inscribe [their names], and he will divorce here when he desires, and even though his wife is not with him, for she is divorced against her will.",
                "ושובר לאשה – which she does for her husband regarding her Jewish marriage settlement/Ketubah, for it is a liability for him to her, and is a benefit for her husband, as we obtain a privilege in behalf of a person in his absence (see Tractate Eruvin, Chapter 7, Mishnah 11).",
                "ובלבד שיהא מכירן – that the scribe and the witnesses recognize/know the man and the woman [getting divorced]., whether with a Jewish bill of divorce or a receipt, for if they do not recognize them lest he write a Get/Jewish bill of divorce in the name of another married woman where his name is the same as the other man’s name, and she should take out that same Jewish bill of divorce where she is not divorced by it and similarly for the receipt.",
                "והלוה נותן שכר – even if it is giving a person goods to trade with another (usually two shares of the profit going to the investor and one to the trader) where half of it is a loan and half of it is a deposit. Nevertheless, the person receiving the business pays the fee to the scribe (see Talmud Bava Batra 168a)."
            ],
            [
                "שטרי אריסות – the person who goes down to the land to work it and to guard it for one-half, one-third or one-fourth [of the profit].",
                "קבלנות – for such-and-such Khorim per year, whether it produced or it didn’t produce.",
                "שטרי בירורין – this one (i.e. litigant) chooses one judge who will judge for him and that one (i.e. litigant) chooses for himself one [judge] and they write in a document: “so-and-so chose judge so-and-so and his claims are this and that,” in order that they don’t retract and raise a complaint.",
                "כותבים שנים – to each one of the litigants a separate document in which their claims are arranged in it, but the Halakha is not according to Rabban Shimon ben Gamaliel. But rather, they write one document containing the claims of each of the litigants and that so-and-so (i.e., the litigant) chose so-and-so as a judge that would adjudicate for him and so-and-so (i.e., the other litigant) chosen so-and-so as a judge that would adjudicate for him."
            ],
            [
                "והשליש את שטרו – the lender and the borrower transferred the document to the hand of a third-party for it was a trouble for them to write a receipt and they relied upon the third party.",
                "ר' יוסי אומר יתן – for he holds that Asmakhta (i.e., a promise to submit to a forfeiture of pledged property – or equivalent – without having received a sufficient consideration) is a valid legal transfer of property (see Talmud Bava Batra 168a). A person who promises t his fellow something on the condition that he will do something for him in the future, and he relies upon his intention at the time of the condition that he would be able to fulfill it. But when the time comes, he is not able to fulfill it. This is called Asmakhta. But with regard to the Jewish legal decision, Asmakhta does not acquire/gives no title, unless he acquired it from his hand in an important Jewish court. But he caused to take hold of his merits in the same Jewish court where he transferred his documents and his proofs, and he said: “if I don’t bring it from now until thirty days, my benefits will be voided. But my teachers/Rabbis explain that every Jewish court that are specialists and know the laws of Asmakhta are called an important Jewish court in this matter. But Maimonides says that there is no important Jewish court other than a Jewish court ordained in the Land of Israel."
            ],
            [
                "מי שנמחק שטרו – and there were witnesses who saw when it was blotted out on its own, or smudged by water.",
                "מעמיד עליו עדים – that know from when it was written and what was written in it, and they make for him an attestation before a Jewish court and they write for him everything that had been written in that document.",
                "יחליף – he should tear the document and write another according to the remaining balance.",
                "נמצא זה – the borrower needs to guard his receipt from the mice, for if he loses it, the creditor will collect all of his liability.",
                "אמר רבי יוסי וכן יפה לו – to the creditor, for the borrower must guard his receipt and hurry to pay him back, and no harm will come to the creditor to write another document that had an advanced time for the liability [to be paid off] and that he returns now and he would not be able to seize the sold property unlawfully other than from the time of the second document. And the Halakha is according to Rabbi Yosi that we write a receipt."
            ],
            [
                "קח לך עבדים – that they should warm up for you the bathhouse that it is like what our father left us, so it shall be forever, and even though that we have in the first chapter (Tractate Bava Batra, Chapter 1, Mishnayot 1 and 6), concerning something where there isn’t the law of division. One can say, “I will make a wall or I will divide it,” meaning to say, “sell me your part or I will sell [to you] my part. But it is different here because the poor person cannot say, “I will divide it” because he has nothing with which to buy.”",
                "אינן יכולין להוציא שטר חוב זה על זה – because each one can claim that this document that is in your hands, I returned to you when I paid you repaid me the monies that I lent to you.",
                "ולא אחד יכול להוציא שטר חוב עליהם – because each one can supersede him regarding his fellow.",
                "ישלשו – he will write the name of his father’s father.",
                "ואם היו משולשים – that their names and the names of their fathers and the names of their father’s fathers are the same.",
                "יכתבו סימן – a certain [sign] that this is red-spotted or long or short and if their signs are the same, they should write, “Kohen,” if one is a Kohen and the other is an Israelite.",
                "נמצא – to one borrower there two documents from two loans that he borrowed from him.",
                "הקטן אינו פרוע – that one document among his documents is spoken of and not two.",
                "לא יפרע מן הערב – first, until the borrower is brought to court, and the Jewish court makes him liable [to pay it off]; and if he doesn’t have wherewith to pay, then he can collect from the guarantor.",
                "רבן שמעון בן גמליאל אומר אם יש נכסים ללוה – he should not collect payment from the guarantor, not from the fact that the first Tanna/teacher holds that even if the borrower has property, he should collect payment from the guarantor, but rather, because our Mishnah is deficient, and this is how it should be taught: A person who loans his fellow through a guarantor should not collect payment from the guarantor, but if he said, “on condition that I can collect payment from whomever I desire,” he can collect payment from the guarantor. When is this said? When the borrower lacks property, but if the borrower has property, he should collect payment from the guarantor, or from a person who assumes the other man’s obligations unconditionally (see Talmud Bava Batra 173b and 174a), even though the borrower has property, he should collect from the person who assumes the other man’s obligations unconditionally. Rabban Shimon ben Gamaliel says that both the guarantor and the man who assumes the other person’s obligations unconditionally are the same: if the borrower has property, he (i.e., the creditor) may not collect from them. But the Halakha is not according to Rabban Shimon ben Gamaliel. The guarantor is the person who says [to the creditor]: “Give him and I will be the guarantor [of your repayment].” The קבלן /the person who assumes the other person’s obligations unconditionally who says: “Give him, and I will give it to you.”",
                "הערב לאשה בכתובתה – and the husband lacks property, and the guarantor needs to pay off her Ketubah/Jewish marriage contract [in event of the husband’s death or a divorce], he should not pay off the Ketubah until the husband first makes her take a vow against deriving any benefit with the knowledge/consent of the public a vow that cannot be revoked, that he cannot restore her [as his wife], for we suspect lest it is his intention to restore her [as his wife] and to consume her Jewish marriage contract settlement after she has collected her settlement from the guarantor and regarding law, the guarantor of a Ketubah is not mortgaged and he is not liable to pay it off [for the husband] and even if the husband lacks property. What is the reason that he has performed a Mitzvah and nothing is missing from it? But if he is mortgaged as a guarantor for the Ketubah of his son, a father regarding his son is himself personally mortgaged, but a קבלן/someone who unconditionally assumes the other man’s obligations when the Jewish marriage contract is mortgaged, the wife can claim the Ketubah from him (i.e., the קבלן ) at first, and even if the husband has property, but the husband forces her to take an vow against benefit first with the consent of the public."
            ],
            [
                "המלוה את חבירו בשטר – even though it is not written [in the loan document] property which is pledged from which debts may eventually be collected (i.e., landed property), collects from mortgaged property for we hold that surety (i.e., mortgaged property) is a scribal error, if it had not been written in the [loan] document. It is considered as if it was written.",
                "הוציא עליו כתב ידו שהוא חייב לו – and there is no other testimony there.",
                "גובה מנכסים בני חורין – and not mortgaged [property], for since he has no witnesses, it has no voice, and they did not know about him that he had property in order that he had to be careful about.",
                "אחר חיתום שטרות – after the witnesses signed the document, [the guarantor wrote]: “I so-and-so the son of so-and-so is the guarantor.”",
                "גובה מן הערב – from free standing properties alone for since witnesses did not inscribe on the surety/guarantor, it is like a loan by mouth.",
                "אמר ליה בן ננס וכו' – for he holds that every guarantor after the giving of the money is not a guarantor for it wasn’t on the faithfulness of the guarantor and the trust in him that the creditor made the loan to him (i.e., the borrower), and even though Rabbi Yishmael extolled Ben Nanos, the Halakha is according to Rabbi Yishmael for the guarantor after the giving of the money requires an acquisition, and if not, it is not mortgaged, for before the giving of the money, there is no need for an acquisition."
            ]
        ]
    ],
    "versions": [
        [
            "Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020",
            "http://sefaria.org"
        ]
    ],
    "heTitle": "ברטנורא על משנה בבא בתרא",
    "categories": [
        "Mishnah",
        "Rishonim on Mishnah",
        "Bartenura",
        "Seder Nezikin"
    ],
    "sectionNames": [
        "Chapter",
        "Mishnah",
        "Comment"
    ]
}