Talmud su Gittin 5:2

HALAKHAH: “If she did appear in court before she became an adult,” etc. Rebbi Simeon ben Ioḥai stated: “The man who had lain with her shall give 50 silver pieces to the girl’s father;” this teaches that the father acquires only by handing over³¹In the Babli, 42b, this is an Amoraic interpretation of R. Simeon’s position.. Rebbi Simeon says, the matter depends on the collection, but the rabbis say, the matter depends on the court procedure. Rebbi Simeon treats it as court decrees³²Money receivable because of a judicial decision is not counted as property to be part of the estate since in many cases the collection of such a judgment depends on the claimant swearing that his claim was not otherwise satisfied and the heirs cannot swear for their deceased father. but the rabbis treat it as a loan³³Outstanding documented loans are property and part of the estate since the debtor would have to prove his case if he claims that the loan had been repaid.. In the opinion of Rebbi Simeon, he forecloses from the best land; in the opinion of the rabbis he forecloses from average land³⁴If the debtor is unable to pay cash and the creditor comes to foreclose real estate, Mishnah Giṭṭin 5:1 states that debts for torts are foreclosed from the most valuable real estate, loans from average, and a ketubah from the least valuable (R. Meïr says, from average.) The value is determined by the going rate for a unit of surface area.. In the opinion of Rebbi Simeon, the Sabbatical year does not cancel the debt; in the opinion of the rabbis the Sabbatical year cancels the debt³⁵Only private debts are cancelled by the Sabbatical year, not those created by court order nor those handed over to a court for collection; Mishnah Ševi‘it 10:2. The details of the laws of the Sabbatical relating to this case are explained in Ševi‘it 10:2, Note 69.. In the opinion of Rebbi Simeon the firstborn takes a double portion; in the opinion of the rabbis the firstborn does not take a double portion³⁶The law of inheritance of the firstborn (Deut. 21:17) states that the father has to give him a double portion (or ²/₃, assuming there are only two sons) “of everything that is found with him”, meaning everything in actual possession at the time of death. Money due for an executable court order is money in possession; money due for an outstanding loan is not money in possession since it is subject to the uncertainties of a court proceeding if foreclosure is needed and the position of the firstborn is not privileged in regard to future income..

HALAKHAH: “A man should not rest from being fruitful and multiply,” etc. The House of Shammai say two males, since “Gershom and Eliezer”¹¹³1Chr. 23:15. The argument is in Babli 61b, Tosephta 8:4, Tanḥuma Buber Bereshit 26. Nobody has to be more strict than Moses. are mentioned for Moses. The House of Hillel say a male and a female the way the world was created, as it is said “male and female He created them¹¹⁰Gen. 1:27..” Rebbi Abun said, one has to understand “even a male and a female”. If it were not so, it should have been a Mishnah¹¹⁴In Tractate Idiut. It must be that the House of Hillel accept either two males or male and female. about the leniencies of the House of Shammai and the stringencies of the House of Hillel. Sons of sons are counted as sons¹¹⁵Tosephta 8:4, Babli 62b., sons of daughters are not counted as sons¹¹⁶In the Babli, 62b, this is the opinion of Abbai; it is rejected by the authoritative Rava (Rav Abba bar Rav Yosef bar Ḥama).. The son’s son and the daughter’s daughter count; the son’s daughter and the daughter’s son do not count. A she-ram, a castrate, and those who cannot have children are not counted.