Mishnah
Mishnah

Talmud sur Shevi'it 10:2

הַשּׁוֹחֵט אֶת הַפָּרָה וְחִלְּקָהּ בְּרֹאשׁ הַשָּׁנָה, אִם הָיָה הַחֹדֶשׁ מְעֻבָּר, מְשַׁמֵּט. וְאִם לָאו, אֵינוֹ מְשַׁמֵּט. הָאוֹנֵס, וְהַמְפַתֶּה, וְהַמּוֹצִיא שֵׁם רָע, וְכָל מַעֲשֵׂה בֵית דִּין, אֵין מְשַׁמְּטִין. הַמַּלְוֶה עַל הַמַּשְׁכּוֹן, וְהַמּוֹסֵר שְׁטָרוֹתָיו לְבֵית דִּין, אֵינָן מְשַׁמְּטִין:

Si l'on abat une vache et la distribue [à d'autres] le [après le sabbatique] Rosh Hashanah [fête du Nouvel An], si le mois [précédent] était plein alors [la dette due à l'abatteur est] annulée. [Les amendes pour] viol, séduction, Motzi Shem Ra [mari qui accuse faussement son épouse de ne pas avoir été vierge], et aucune affaire judiciaire n'est annulée. Celui qui prête en garantie et celui qui confie ses contrats au tribunal judiciaire, [ces prêts] ne sont pas annulés.

Jerusalem Talmud Gittin

33Ševi‘it 10:2, explained there in Notes 75–77, variant readings noted ש. The Mishnah notes that court judgments are not subject to the rules of the Sabbatical. This is obvious: A loan that is disputed is not remitted. A loan that was disputed but is now a [confirmed]34By judgment of the court. loan, is remitted. Rebbi Jeremiah asked: Is this also true for judgments? A loan that was disputed can be collected. A disputed loan turned into a [confirmed] loan is collected from property of average quality.
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Jerusalem Talmud Makkot

MISHNAH: “We testify against this man that he owes another 1’000 denars payable within 30 days” but he says, within ten years24The witnesses found to be plotting wanted to deprive their victim of the use of 1’000 denars for almost ten years.. One estimates how much a person would be willing to pay to have 1’000 denars at his disposal to return them after ten years instead of returning them after thirty days.
“We testify against this man that he owes another 200 denars” and they are found to be plotting, they are flogged and have to pay since the title which brings him to flogging is not the one which brings him to restitution25They are flogged for false testimony and have to pay restitution as plotters., the words of Rebbi Ṃeïr. But the Sages say, anybody who pays is not flogged9As a general principle, no crime can be punished by more than one punishment. There never can be separate penalties for testifying falsely (Ex.20:13) and plotting (Deut. 19:19). This justifies the alternative presented in the preceding paragraph.
The text is copied from Terumot 7:1 Note 14; also Bava qamma 7:2, Note 30.
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“We testify against this man that he is liable to be flogged 40 lashes” and they are found plotting, they are whipped 80 because of do not testify against your neighbor as a false witness and because of do to him as he plotted to do to his neighbor, the words of Rebbi Ṃeïr. But the Sages say, they only are flogged 40 times9As a general principle, no crime can be punished by more than one punishment. There never can be separate penalties for testifying falsely (Ex.20:13) and plotting (Deut. 19:19). This justifies the alternative presented in the preceding paragraph.
The text is copied from Terumot 7:1 Note 14; also Bava qamma 7:2, Note 30.
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One distributes money but one does not distribute floggings. How? If they testified that he owes another person 200 denars and were found plotting, one distributes between them26There must be at least 2 witnesses for their testimony to be heard. If there were n witnesses, each one has to pay 200/n denars.. If they testified that he is liable to be flogged 40 lashes and were found plotting, each one of them is flogged 40 lashes.
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Jerusalem Talmud Makkot

131From G, a quote from Mishnah 13. The discussion refers to Mishnah 14 which also is Mishnah Ševiˋit 10:8 (Note 67), viz., the case that a homicide is honored.[If a tree stands inside the domain but its crown is outside the domain.] [Rebbi]132From G. In Ševiˋit 10:8 the speaker is R. Yose (the Amora). Abbai said, a scholar has to make his qualifications known. 133Halakhah Ševiˋit 10:8, Note 123. He has memorized and completely mastered one collection of Tannaitic statements. If he knows one collection and he comes to a place where they honor him as if he knew two, he has to tell them, I know one collection. 134This does not belong here; it has been copied from Ševiˋit 10:7. If a lender is offered repayment of a loan in a Sabbatical, when it should be forgiven, he may say softly that he observes the Sabbatical, implying that he will not urge repayment while at the same time accepting the voluntary liquidation of the debt.(Rav Huna said, he says it in a soft voice and his right hand is stretched out to receive.)
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