Talmud sobre Nedarim 5:10

MISHNAH: The Cow³⁴The red cow whose ashes purify the impurity of the dead, Num. 19., the he-goat which is sent away³⁵The scapegoat of the day of Atonement., and the shiny strip³⁶The strip of purple wool, together with a branch of cedar and a hyssop, which the Cohen has to throw into the pyre of the burning Cow, Num. 19:6. come from the money disbursed from the lodge³⁷These are explicitly prescribed by biblical verses.. The ramp for the Cow³⁸Leading directly from the Temple to the Mount of Olives., the ramp for the he-goat which is sent away³⁹The ramp built to shield the scapegoat while it is lead away, Yoma6:4., the strip bound on its horns⁴⁰Mishnah Yoma4:2, 6:6., the water canal⁴¹The aqueduct which supplies water to the Temple. The need for a water supply is implicit in the biblical rules for the Tabernacle but is never explicitly mentioned., the city wall and its towers⁴²By biblical rules, family sacrifices may be consumed “in the camp.” The “camp” of the Temple is the walled city of Jerusalem. Therefore the integrity of the walls are a requirement of the Temple service and the necessary expenditures may be made from the Temple tax., and all needs of the city, come from the leftovers in the lodge⁴³The items mentioned in this sentence are all necessary or customary parts of the Temple establishment, but are not mentioned in biblical verses. They are paid for from monies not directly used for the service of prior years.. Abba Shaul says, the High Priests build the ramp for the Cow at their own expense.
What did one do with the leftover in the lodge⁴⁷What is left from the Temple tax at the end of the fiscal year.? One buys with it wine, oil, and fine flour,⁴⁸For public sacrifices these are paid for from the coins disbursed from the lodge. Wine, oil, and flour for private sacrifices are bought from the Temple as explained in the next Chapter. R. Ismael holds that the original funds for this operation come from the surplus of the Temple tax; R. Aqiba must hold that this is a self-financing non-profit operation. and the gain is the Temple’s, the words of Rebbi Ismael. Rebbi Aqiba says, one gains neither for the Temple nor funds for the poor⁴⁹He holds that the Temple may not be involved in commercial transaction. He objects to investing funds destined for the poor not only since avoidance of loss is more important than possible gain but also that money for the poor must be available at all times for possible emergencies..
What did they use the leftover of the disbursement⁷³If money was left in the boxes into which it was taken from the lodge at the time when new money was disbursed, the amount of new money was not reduced but the old money was put into a separate account to be used for other needs of the Temple. for? Gold sheets coating for the Holiest of Holies. Rebbi Ismael said, the leftover of produce⁷⁴The gain made by the Temple in providing flour, oil, and wine, for private sacrifices. is for adornment of the altar⁷⁵It is given to the gift account to buy elevation sacrifices in times when the altar otherwise would have been idle., the leftover of the disbursement is for Service vessels⁷⁶The vessels used in sacrificial acts.. Rebbi Aqiba says, the leftover of the disbursement is for adornment of the altar, the leftover of the libations⁷⁷As explained in Halakhah 5, the income from the trading arrangements with the suppliers to the Temple. is for Service vessels. Rebbi Ḥanania the executive officer of the Cohanim says, the leftover of the libations is for adornment of the altar, the leftover of the disbursement is for Service vessels. Neither of them did agree about produce⁷⁸R. Ḥanania agrees with R. Aqiba that the Temple has to provide the produce at cost and cannot make a gain on this service..

^56*The entire paragraph is from Nedarim 5:1, Notes 16–20. The courtyard is there for entering and leaving the houses. Any other use is possible only if it does not disturb other inhabitants of the courtyard. Rebbi Joḥanan in the name of Rebbi Banaiah. Everything the co-owners can prevent one another from doing in the courtyard except laundering because of the honor of the daughters of Israel⁵⁷Babli 57b.. Rebbi Mattaniah said, this is at a place where women do the laundering, but not at a place where men do the laundering. And what was said, except laundering because of the honor of the daughters of Israel, only that in his own four cubits he may prevent it. And what was said, everything the co-owners can prevent one another from doing in the courtyard, in the entire courtyard except in the other person’s own four cubits where he cannot prevent him. But if the place was at an incline, even in the other person’s own four cubits he can prevent him, since he may tell him: you are pouring out in your domain but it flows down into mine.

It was stated²¹⁷Tosephta 4:14, Babli 86b, Yerushalmi Nedarim 5:4, Note 60.: It is necessary to detail one’s actions, the words of Rebbi Jehudah ben Bathyra. Rebbi Aqiba says, one does not have to detail his actions. What is Rebbi Jehudah’s reason? Please, this people committed a grave sin, they made themselves golden idols²¹⁸Ex. 32:31.. How does Rebbi Aqiba treat this? Who caused it to them? I, for I gave them much silver and gold. Why? For a donkey is not braying²¹⁹The corrector’s spelling נהק is biblical (Job 6:5, 30:7), but the scribe’s spelling נקק may be the Aramaic form of Accadic nagāgum.. While in Job the verb describes the shout of the hungry, here it is used for the noise of the overbearing; cf. Sifry Deut.308 out of a basket of carob fruit²²⁰In the Babli, Berakhot 32a, the argument is that a lion will shout eating a box of meat..

MISHNAH: If somebody says to his son: A qônām¹⁰⁶An expression of making a vow; Mishnah Nedarim 1:1. that you cannot enjoy anything from me, when he dies he can inherit from him¹⁰⁷Since a deceased person has no property, the estate is no longer the father’s money.. During my lifetime and after my death, when he dies he cannot inherit from him but should give it¹⁰⁸The inheritance. to his sons or his brothers, and if he has nothing¹⁰⁹To eat. he may take a loan; the creditors come and make themselves paid¹⁰⁵He takes a loan, pays his obligations, and when the loan comes due directs the creditor to the recipients of his payments. Then he has fulfilled his obligation without losing any of his money..

HALAKHAH: “If somebody split [wood] in a private domain,” etc. ¹¹²The entire paragraph is copied in Makkot 2:4. The text bracketed here is an addition by the corrector, probably from Makkot, recognizable by his standard Babli spelling. The same topic is discussed in the Babli, 32b/33a. Rebbi Yose ben Ḥanina said, if he was splitting wood in his courtyard when a worker entered to claim¹¹³In Makkot: “To collect”. In any case, the person entering did not trespass. his wages, and a splinter ricocheted and damaged him, he is liable. If he died he does not go into exile¹¹⁴The responsibility of the person splitting wood in his own backyard is in civil, not in criminal law. The text in Makkot adds: “Because it is not as in a forest,” referring to Deut. 19:5 which describes the circumstances under which the homicide has to dwell in a city of refuge. The Babli, 33a, quotes the end of the same verse, describing how the blade of an ax “finds his neighbor and he dies”, to exclude one who walks into the path of danger (cf. Sifry Deut. 183).. But did not Rebbi Ḥiyya state, “he is not liable”? They do not disagree. What Rebbi Yose said, if he had seen him, but what Rebbi Ḥiyya said, if he had not seen him. If he had not seen him, once he said to him: enter, {should he not be liable? But did not Rebbi Ḥiyya state, “he is not liable”? Since he told him: enter, he has to take precautions¹¹⁵In Tosephta 6:27 it is stated explicitly that the worker, who has the right to go and collect his wages, enters on his own responsibility unless invited in, at which moment the responsibility shifts to his employer.. Some want to say, since he told him to enter it} becomes like the courtyard of partners, about which Rebbi Joḥanan said in the name of Rebbi Yannai¹¹⁶Nedarim 5:1, Notes 22–23: Partners acquire from one another in a courtyard and are mutually liable for damages. But did not Rav say: If he filled the entire public domain^6,Babli 27b. If one does not stop traffic, one is permitted to put down his load in the public domain.¹⁰⁴The Mishnah only applies to a narrow path; on a wide road the second person is required not to walk directly behind the one carrying a dangerous load.? And did this fill the entire public domain? They said, since he¹¹⁷The worker, looking for his employer to collect his wages. walks in the entire courtyard, it is as if he had filled the entire courtyard.