Талмуд к Швии́т 10:3
פְּרוֹזְבּוּל, אֵינוֹ מְשַׁמֵּט. זֶה אֶחָד מִן הַדְּבָרִים שֶׁהִתְקִין הִלֵּל הַזָּקֵן, כְּשֶׁרָאָה שֶׁנִּמְנְעוּ הָעָם מִלְּהַלְווֹת זֶה אֶת זֶה וְעוֹבְרִין עַל מַה שֶּׁכָּתוּב בַּתּוֹרָה (דברים טו) הִשָּׁמֶר לְךָ פֶּן יִהְיֶה דָבָר עִם לְבָבְךָ בְּלִיַּעַל וְגוֹ', הִתְקִין הִלֵּל לַפְּרוֹזְבּוּל:
[Любая ссуда, предоставленная с помощью] Прузбул [освобождение суда от отмены ссуды в субботу ], не отменяется. Это один из вопросов, которые Гилель-старший установил. Когда он заметил, что нация воздерживается от кредитования друг друга и нарушает то, что написано в Торе (Второзаконие 15: 9): «Берегись, чтобы в твоем уме не было базовой мысли», он учредил Прузбул .
Jerusalem Talmud Gittin
Rav Huna said, why did they require a date on the bill of divorce? Because of an actual case. It so happened that a man was married to his sister’s daughter who committed adultery when she was still married. He predated the bill of divorce and said, it is better she should be judged as single rather than as a married woman64In the Babli, 17a/b, R. Joḥanan refers to this story; the editors of the Babli assumed that this Yerushalmi was generally known..
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Jerusalem Talmud Peah
MISHNAH: Rebbi Aqiba says: Any real estate118Even if its area is a fraction of a square inch. is subject to peah and first fruits119If it is used for agriculture., to write a prozbol120Greek προσβολή, ή, "falling upon, application." As a legal term, "in an auction, document recording the knocking down of a lot to a purchaser" (L. & S.). Only in the Babli does the word appear with ס instead of ז; the etymology proposed would require s and not ζ but this may be a matter of local dialect. Prozbol was instituted by Hillel as a way to circumvent the annulment of debts in the Seventh Year in cases when that annulment would only be a rabbinic ordinance. Since only debts due to real persons are annulled by the Seventh Year, the creditor may deliver the debt to the court to be collected. Since the court is not a real person, the debt is not subject to annulment. The document may be written only as a lien on real estate. The details of prozbol are given in tractate Gittin. based on it, and to acquire simultaneously non-guaranteed property121Real estate is always sold with a title guarantee unless explicitly disclaimed. If the buyer loses the land he bought, either for lack of a valid title or because of a foreclosure of a pre-existing mortgage, he has regress on all other real estate owned by the seller. [The technical term אחריות “warranty” is אַחֵרָיוּת, corresponding to Latin alienatio “transfer of property to another person.”] with money or contract or possession122Movable property can be acquired only by some act of taking possession, either actual or symbolic. This is necessary in order to determine the exact moment when responsibility for the article is transferred, to avoid situations in which the seller takes the money and then claims that the article was lost in an accident, leaving the buyer without any chance to prove that it was lost when the responsibility was the seller’s. However, since buying real estate is a stronger form of contract, a contract or understanding to buy real estate can be extended to include movables. In that case, the moment of transfer of property rights to the real estate is determining also for the movables. The ways of acquiring real estate are either a contract witnessed by two witnesses, or payment of cash in front of witnesses, or a court ruling confirming squatters’ rights. The general theory of these matters is discussed in tractate Qiddušin; the exact and restrictive definition of enforceable squatters’ rights is one of the topics of tractate Baba Batra..
If someone signs over his properties148In a gift document. when bedridden and reserved for himself any real estate, his gift is permanent149Since he reserved property, the document is a gift and not a will, on condition that it was executed under all conditions of a valid gift.; if he did not reserve any real estate for himself, his gift is not permanent150If he did not reserve anything for himself, it is clear that he did not expect to survive. If he survives nevertheless, the entire document becomes void.. If he signs over his properties to his sons and signs over some real estate for his wife, she lost her ketubah151The ketubah is a mortgage on the husband’s entire property, to be paid to the wife at the termination of the marriage, after divorce or after the husband’s death. It represents the financial obligation of the husband to his wife; without such an obligation, any sexual relations between man and wife are considered illicit. The value of the obligation was fixed at 200 zuz(800 silver denars) for a virgin and 100 zuz (400 silver denars) for a previously married woman. A measure of the intended value of these sums is found in Mishnah 8:8,9, viz., that anyone with 200 zuz investment capital or 50 zuz business capital is living above the poverty line and barred from receiving charity.
The Halakhah explains the circumstances under which the wife may agree to be co-heir to the sons. The Mishnah appears in the context of the power of contracts involving real estate; the first part belongs to the matters treated in Baba Batra and Giṭṭin, the second part to Ketubot.. Rebbi Yose152The Tanna, ben Ḥalaphta. says, if she accepted it, even if it was not in a written document, she lost her ketubah.
If someone signs over his properties148In a gift document. when bedridden and reserved for himself any real estate, his gift is permanent149Since he reserved property, the document is a gift and not a will, on condition that it was executed under all conditions of a valid gift.; if he did not reserve any real estate for himself, his gift is not permanent150If he did not reserve anything for himself, it is clear that he did not expect to survive. If he survives nevertheless, the entire document becomes void.. If he signs over his properties to his sons and signs over some real estate for his wife, she lost her ketubah151The ketubah is a mortgage on the husband’s entire property, to be paid to the wife at the termination of the marriage, after divorce or after the husband’s death. It represents the financial obligation of the husband to his wife; without such an obligation, any sexual relations between man and wife are considered illicit. The value of the obligation was fixed at 200 zuz(800 silver denars) for a virgin and 100 zuz (400 silver denars) for a previously married woman. A measure of the intended value of these sums is found in Mishnah 8:8,9, viz., that anyone with 200 zuz investment capital or 50 zuz business capital is living above the poverty line and barred from receiving charity.
The Halakhah explains the circumstances under which the wife may agree to be co-heir to the sons. The Mishnah appears in the context of the power of contracts involving real estate; the first part belongs to the matters treated in Baba Batra and Giṭṭin, the second part to Ketubot.. Rebbi Yose152The Tanna, ben Ḥalaphta. says, if she accepted it, even if it was not in a written document, she lost her ketubah.
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