Mishnah
Mishnah

Talmud for Yevamot 7:1

אַלְמָנָה לְכֹהֵן גָּדוֹל, גְּרוּשָׁה וַחֲלוּצָה לְכֹהֵן הֶדְיוֹט, הִכְנִיסָה לוֹ עַבְדֵי מְלוֹג וְעַבְדֵי צֹאן בַּרְזֶל, עַבְדֵי מְלוֹג לֹא יֹאכְלוּ בַתְּרוּמָה, עַבְדֵי צֹאן בַּרְזֶל יֹאכֵלוּ. וְאֵלּוּ הֵן עַבְדֵי מְלוֹג, אִם מֵתוּ, מֵתוּ לָהּ, וְאִם הוֹתִירוּ, הוֹתִירוּ לָהּ. אַף עַל פִּי שֶׁהוּא חַיָּב בִּמְזוֹנוֹתָן, הֲרֵי אֵלּוּ לֹא יֹאכְלוּ בַתְּרוּמָה. וְאֵלּוּ הֵן עַבְדֵי צֹאן בַּרְזֶל, אִם מֵתוּ, מֵתוּ לוֹ, וְאִם הוֹתִירוּ, הוֹתִירוּ לוֹ. הוֹאִיל וְהוּא חַיָּב בְּאַחֲרָיוּתָן, הֲרֵי אֵלּוּ יֹאכְלוּ בַתְּרוּמָה:

A widow to a high-priest, a divorcée or a chalutzah to a regular priest — if she brought to him melog bondsmen [What the woman leaves to herself and does not write into her kethubah is called "nichsei melog" ("plucking property"), for the husband "plucks" them, as chickens are plucked. For he eats the fruits of that property, and if they decrease (in value), they decrease for her; and if they increase, they increase for her] and tzon-barzel bondsmen [Nichsei tzon-barzel is the property that she brings in to him and which is written into the kethubah: "This and this is what I (the husband) pledge for her kethubah." It is called "tzon-barzel," for the principal remains like "iron." For if they all die, the husband must make restitution. And since they were wont to count the sheep (tzon) thus, and the shepherd was held accountable for them, even if they all died, the property for which the husband assumed responsibility was called "nichsei tzon barzel."] — the melog bondsmen do not eat terumah [for they are hers, and she is a chalalah], and the tzon-barzel bondsmen do eat. And these are melog bondsmen: If they die, they die unto her; and if they increase, they increase unto her. Though he (the husband) is obliged to feed them, they do not eat terumah. And these are tzon-barzel bondsmen: If they die, they die unto him; and if they increase, they increase unto him. Since he must make restitution (if they are lost), they eat terumah.

Jerusalem Talmud Pesachim

There, we have stated: 143This paragraph is from Giṭtin 4:4 where the few differences in spelling are noted and which is explained there in Notes 75–78, 120–130.“A slave whom his master gave as mortgage144Greek ὑποθήκη. to others and then freed him [in strict law does not owe anything, but for the public good one forces the master to formally manumit him and he writes a bond for his own value. Rabban Simeon ben Gamliel says, only the one who manumits writes.] Who frees? Rav says, either his first or his second master. Rebbi Joḥanan says, only his first master alone is able to free. Rebbi Haggai objected before Rebbi Yose: Does not a baraita disagree with Rav? If a Jew gave a loan to a Gentile on the latter’s leavened matter, it is permitted after Passover. If you say that the Jew has property rights in it, it would be forbidden. What does Rav do with this? Rebbi Yudan said, manumission is made easy, as it was stated: If somebody gives his slave as mortgage144Greek ὑποθήκη., if he sold him, he is not sold; if he freed him, he is freed. The strength of Rebbi Joḥanan is from the following: Rabban Simeon ben Gamliel says, only the manumittor writes. If somebody mortgaged his field to another, then went and sold it, can the creditor not come and foreclose? Rebbi Abbahu said, in this matter Rebbi Joḥanan opened for us a door to illuminate. We do not find that a slave can again be enslaved after having been freed. If that is so, he should not have to write a bond for his value! Rebbi Ila said, it is better that a person say to him, give me the 200 zuz which you owe me than say to him, you are my slave! The rabbis of Caesarea say in Rebbi Nasaʹs name: Rabban Simeon ben Gamliel follows Rebbi Meïr. Just as Rebbi Meïr imposes a fine for words, so Rabban Simeon ben Gamliel imposes a fine for words. As it was stated: With a bond documenting both principal and interest one can collect neither principal nor interest, the words of Rebbi Meïr. But the Sages say, one collects the principal but not the interest.
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