תלמוד על סנהדרין 6:2
Jerusalem Talmud Bava Kamma
HALAKHAH: “A bull which is led out to be stoned,” etc. It was stated122Sanhedrin 6:2(23b l.25) an exact copy, 10:8(29d l.14) a reformulation.: If a bull was led out to be stoned when its witnesses were found to be false, Rebbi Joḥanan said, the first to come acquires it123Since the court declares the bull to be forbidden for usufruct, it cannot remain the property of its owner. When the prohibition of usufruct is lifted because the sentence was declared false, the bull is ownerless. If a third party grabs the bull before the owner can take it back, that third party now is the legal owner. The Babli, Keritut 24a, holds that R. Joḥanan will agree that the bull never was ownerless if the judgment was overturned on the initiative or appeal by the owner.; Rebbi Simeon ben Laqish said, it was false despair124He holds that ownership never was annulled, only that the owner gave up hope of ever having use of the bull again. The bull remains the property of its owner who may use it once the prohibition of usufruct is lifted.. Similarly, if a slave was led out to be killed when his witnesses were found to be false, Rebbi Joḥanan said, he acquired himself125He is free and needs no bill of manumission.; Rebbi Simeon ben Laqish said, it was false despair.
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