MISHNAH: One who contracts with another for a field¹, at a place where one usually cuts, he has to cut², to uproot, he has to uproot³, to plough after harvest, he has to plough, everything according to local usage. Just as they divide the grain, so they divide straw and chaff. Just as they divide the wine, so they divide the vine tendrils⁴ and the props⁵; they both provide the props together.

footnotes: ¹ Either as a sharecropper or as a tenant for a fixed amount per year. The percentage given to the owner of the land has to be specified in each case; all other conditions follow the rules of the Mishnah unless they are contracted otherwise. ² At harvest time, one cuts the grain with sickle or scythe. ³ One tears out the entire plant with its roots. ⁴ Cut during the pruning of the vines. ⁵ To which the vines are tied. Since they are bought in common, they are disposed of in common.

HALAKHAH: “One who contracts with another for a field” etc. If he uprooted at a place where one usually cuts, he⁶ may tell him: “you make it sterile.” Where one uproots and he cuts, one tells him, go out and make it clean.

footnotes: ⁶ This gives the reasons why the landlord can force the contractor to follow customary rules. The same arguments are in the Babli, 103b.

It was stated⁷: “One who contracts with another for a field has to harvest, bind into sheaves, thresh, winnow, and grade⁸. The digger⁹, the measurer¹⁰ (6 כל) was misunderstood by later commentators and lexicographers as “geometer”, whose services outside of Egypt were almost never needed. This led S. Lieberman to note (Tosefta kiFshutah Bava meṣia‘ p. 285) that he does not know the definition of כייר and that the explanations of commentaries and dictionaries are unconvincing. The seal of the grain measurer was needed for bulk sale of produce., the steward¹¹, the town watchmen, and the administrator¹¹ take their wages from the community¹². The builder of furnaces¹³), perhaps the כייר is identical with the כייל (E. G.)., the maker of seals, and the scribe¹⁴ is needed for commercial and financial transactions., if hired by the tenant they take¹⁵ from the tenant; if hired by the landlord they take from the landlord. ¹⁶ One does not change local usage.”

footnotes: ⁷ Tosephta 9:14. ⁸ Separate the grain into the different commercially recognized grades. All this work done far away from the field is included in the lease of the field. ⁹ He digs cisterns and is responsible for the cleaning and upkeep of the water system. This is a permanent job. ¹⁰ He measures the volumes of grain (cf. Arabic كيال) and other produce. The correct determination by Arukh ¹¹ Cf. 8:3, Note 15. ¹¹ Cf. 8:3, Note 15. ¹² They are paid from town taxes. This presupposes that the entire town is the private property of a large landowner. ¹³ כּוּר is an industrial furnace. But since building furnaces is not continuous work and כּוֹר is a measure of volume (30 se’ah ¹⁴ Usually one reads הַבַּלָּן וְהַסַּפָּר “the bath attendant and the barber” but these providers of personal services cannot be understood here. A בּוּל “seal” in Hebrew and Syriac, Latin bulla, ¹⁵ Their fees or wages. ¹⁶ E adds:אָמַר ר׳ לָא. הַפּוֹעֲלִים בִּזְמַן שֶׁבָּאִין מִכֹּחַ הָאָרִיס נוֹטְלִין מִכֹּחַ הָאָרִיס. מִכֹּחַ בַּעַל הַבַּיִת נוֹטְלִין מִכֹּחַ בַּעַל הַבַּיִת.R. La said: Workers if hired by the tenant receive from the tenant; if hired by the landlord they receive from the landlord.

MISHNAH: One who contracts with another for a field¹⁷, if it is an irrigated field or an orchard and the source dried up or the orchard was cut down, he¹⁸ may not deduct from his leasing fee. If he said, this irrigated field or this orchard shall be leased to me¹⁹ and the source dried up or the orchard was cut down, he may deduct from his leasing fee.

footnotes: ¹⁷ The nature of the field was not specified in the lease. ¹⁸ The tenant. This Mishnah does not apply to sharecroppers. ¹⁹ The nature of the field was specified in the lease.

HALAKHAH: “One who contracts with another for a field,” etc. Rebbi Isaac said, if the well dried up completely²⁰. But if it was two storeys deep and now it is three storeys deep, one may tell him: exert yourself and it will be sufficient.

footnotes: ²⁰ This refers to the second case of the Mishnah, where the nature of the area to be leased was specified in the contract. The Babli (103b) points out that the drying up of the water source must be a local phenomenon; for if it were due to a countrywide drought the tenant could reduce his rent payments according to Mishnah 9:6.

“The orchard was cut down.” Rebbi Isaac said, if the entire orchard was cut down. But if there remained ten trees standing per bet se’ah²¹ constitute a minimal orchard (Ševi‘it1:2, Note 18), one tree per 250 square cubits. If the trees are more widely spaced, the area legally is no longer an orchard. The statement that “the entire orchard was cut down” has to be qualified to mean that “the trees were cut down to the extent that the orchard no longer exists.” he may tell him: At the beginning they were sickly and were not bearing much. But now they are sparse and will be productive.

footnotes: ²¹ Ten fruit trees per bet se’ah

MISHNAH: One contracts with another for a field; if after he received²² it he lets it lie fallow²³ one estimates how much it could yield and gives to him, for so he writes to him: If I let it lie fallow or do not work it, I shall pay as if well-worked²⁴.

footnotes: ²² The share cropper. ²³ Without the landlord’s agreement or against the local rules of crop rotation. ²⁴ Since the sharecropper is presumed to be uneducated, any condition binding on him has to be formulated in Aramaic.

HALAKHAH: “One who contracts with another for a field,” etc. Rebbi Isaac said, this²⁵ implies that if one lets another’s money lie idle, the other only has a complaint against him. If one lets another’s field lie idly, he has to compensate him adequately²⁶. If one lets another’s ship or store lie idly, what is the rule?

footnotes: ²⁵ Not this Mishnah, but Tosephta 4:22 quoted in Halakhah 5:5, Note 56. For the definition of “complaint”, see there, Note 58. ²⁶ This is the Mishnah here.

MISHNAH: One²⁷ who contracts with another for a field, did not want to weed²⁸, and told him, what do you care since I am paying you rent? One does not listen to him²⁹ since he³⁰ may tell him, tomorrow you leave it and I’ll have it overgrown with grasses. One who contracts with another for a field and it did not produce³¹. If it is enough to make a pile, he has to work on it. Rebbi Jehudah said, what is the definition of a pile? But if it is enough for spreading.

footnotes: ²⁷ The tenant farmer, not the share cropper. ²⁸ Or flagrantly neglected any other common agricultural practice. ²⁹ The court. ³⁰ The landlord. ³¹ And the share cropper does not work for a minimal yield.

HALAKHAH: “One who contracts with another for a field,” etc. “One who contracts with another for a field,” etc. How much is “enough to make a pile”? Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: that the winnowing shovel can stand upright in it³². Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: only that its handle be on top³³. Rebbi Joshua ben Levi said: in addition to his expenses³⁴ of grain (about 25 liter).. Rebbi Yose ben Ḥanina said: in addition to the expenses of both of them. Rebbi Abbahu said: “for spreading”, to recover the seed grain which was spread on it³⁵ 5:1, Notes 28–30..

footnotes: ³² It is enough if the shovel can be held standing by the grain around it (Babli 105a). ³³ The shovel’s blade must be completely covered by grain, only the handle be visible on top (Babli 105a). ³⁴ There must be enough grain so it may be sold to cover the share cropper’s expenses and the remainder form a pile in which a shovel can be kept standing. In the Babli (105a), R. Simeon ben Laqish says, the expenses and two se‘ah ³⁵ This is explained in Peah

MISHNAH: One²⁷ who contracts with another for a field, but it was eaten by locusts or scorched. If it was a countrywide calamity, he reduces his leasing fee; if it was not a countrywide calamity³⁶, he does not reduce his leasing fee. Rebbi Jehudah says, if he contracted for a sum of money³⁷ 6:1 (Tosephta Demay 6:2) notes that the tenant paying in kind is called חוֹכֵר “lessee”, the one paying in money is called שׂוֹכֵר “he who rents”. in no case does he deduct from the leasing fee.

footnotes: ²⁷ The tenant farmer, not the share cropper. ³⁶ But only individual fields were damaged. ³⁷ The lease has to be paid in coin, not in produce. Yerushalmi Demay

HALAKHAH: “One²⁷ who contracts with another for a field,” etc. Rav Huna said, if the entire area in that direction was scorched³⁸. Simeon bar Abba in the name of Rebbi Joḥanan. But only if it was sown. [But if he did not sow]³⁹ but implied by the text., the other can tell him, if you had sown it would have produced a lot⁴⁰. Think of it, if there were other fields [which were not hit]¹ moves the period: הַגַּע עַצְמָךְ שֶׁהָיוּ שָׂדוֹת אֲחֵרוֹת. וְלֹא יְכִיל מֵימַר לֵיהּ. “Think of it, if there were other fields. May he not tell him …?” The meaning is unchanged.⁴² (the agricultural area)”.? He may tell him, the Holy One, praise to Him, is forbearing with the evildoers. If there were other fields which were damaged⁴³? He⁴⁴ may tell him, so far I was liable in the case; from now on I am no longer liable.

footnotes: ²⁷ The tenant farmer, not the share cropper. ³⁸ In the Babli, 105b, all opinions agree that there is a countrywide calamity only if fields in all directions from the village were scorched. ³⁹ Reading E, missing in L and editio princeps, ⁴⁰ There might have been so great a yield that even after the field was scorched, a reasonable harvest would have been left. ¹ Reading of E and R. Eliahu Fulda; missing in L. R. Eliahu usually is careful to note his emendations. The absence of a note indicates that he had some basis for his reading. The editio princeps ⁴² If only most but not all fields were scorched. The Babli, 105b/106a from the start only speaks of “most of the pagus ⁴³ This is the opposite case, if not all but only most of the fields were damaged; a situation which the Babli still would classify as a countrywide calamity but the Yerushalmi considers as the farmer’s personal bad luck. ⁴⁴ The landlord may refuse to reduce the rental fee, saying that he would be forced to agree only if all fields had been damaged.

MISHNAH: One²⁷ who contracts with another for a field, for ten kor of wheat per year. If it was damaged, he delivers from it⁴⁵. If the wheat turned out to be of high quality, he may not tell him: I am buying wheat in the market, but he delivers from the yield⁴⁶.

footnotes: ²⁷ The tenant farmer, not the share cropper. ⁴⁵ If the rental fee is payable in kind, one may assume that the yield of the field given in lease is meant. If the grain produced was of inferior quality, the landlord is obliged to accept this low quality grain as payment. ⁴⁶ The tenant cannot sell the high quality grain on the market, buy medium quality for his rental fee, and pocket the difference.

HALAKHAH: “One who contracts with another for a field,” etc. It was stated: ⁴⁷ 6:4; Demay6:1 Notes 12–25.“One who contracts⁴⁸ with another for a field tithes and delivers to him, the words of Rebbi Meïr⁴⁹. But the Sages say, both for the same kind and for the same field⁵⁰ he lifts heave⁵¹ and delivers to him. But from another field or another kind he tithes and delivers to him⁵². ⁵³ Rebbi Meïr says, only for the same kind and for the same field he lifts heave and delivers to him. But from another field or another kind he does (not)⁵⁴ tithe and deliver to him.”

footnotes: ⁴⁷ Cf. Tosephta Demay ⁴⁸ As a lessee (Note 37). ⁴⁹ Since the produce is delivered to the landlord as payment, in his opinion it must be fully profane in that first heave (for the Cohen) and tithe (for the Levite) be taken and charged to the lessee’s account. This means that the cost to the lessee in the Land of Israel really is 11.8% higher than the amount stipulated in the lease. ⁵⁰ In case the lessee pays with the produce of the field, he may tell the landlord to give tithes himself. This applies also if the contract calls for delivery of certain produce but the tenant farmer grows other kinds besides the specified produce. ⁵¹ In earlier times, when Cohanim were able to be ritually pure and eat heave in purity, recommended 2% of the produce. In times when ashes of the red cow are no longer available, a nominal amount. ⁵² This is the procedure frowned upon in the Mishnah: The lessee sells his crop and pays his rent with cheaper produce bought on the market. Since then he incurs a 10% surcharge for the tithe, he will not pay with bought produce unless he is able to get an extraordinarily high price for his produce. ⁵³ The Tosephta shows that this sentence should be attributed to R. Jehudah, not R. Meїr who always requires delivery of tithed produce. He permits delivery after lifting token heave only for agricultural property whose rent comprises all kinds of produce grown there. ⁵⁴ “Not” seems to be a scribal error.

MISHNAH: One who contracts with another for a field to sow barley shall not sow wheat; for wheat he may sow barley. Rabban Simeon ben Gamliel prohibits⁵⁵. For legumes⁵⁶ he may not sow grain; for grain he may sow legumes. Rabban Simeon ben Gamliel prohibits.

footnotes: ⁵⁵ He holds that the tenant is always required to obey exactly the terms of his lease. The anonymous Tanna holds that barley may be substituted for wheat in crop rotation but not vice-versa. ⁵⁶ Beans and similar vegetables whose roots enrich the soil with nitrogen. The Babli contends (107a) that in Iraq grain is more beneficial to the soil than legumes.

HALAKHAH: “One who contracts with another for a field,” etc. One understands that for barley he may not sow wheat⁵⁷; for wheat, may he not sow barley? It follows Rebbi La⁵⁸ or is the opinion of everybody at a place where the yield of barley is not twice that of wheat. But at a place where barley produces twice as much as wheat he may sow barley⁵⁹.

footnotes: ⁵⁷ Since wheat takes more out of the ground than does barley. ⁵⁸ In the next Halakhah, following the reading of E. ⁵⁹ Even if this interferes with crop rotation.

MISHNAH: One who contracts with another for a field for a few years may not sow flax⁶⁰ and does not have sycamore logs⁶¹ 1:8 Note 150; Ševi‘it 4:5 Note 71.. If he contracted for seven years⁶², he may sow flax and does have sycamore logs.

footnotes: ⁶⁰ Which exhausts the soil which then takes a number of years to recover. ⁶¹ Sycamores are planted for their wood, not their fruit. If cut down, the stump (סַדַּן הַשִּׁקְמָה “anvil of the sycamore”) grows a new tree which will need at least seven years to grow to usable size. Cf. Kilaim ⁶² For a minimum of 7 years.

HALAKHAH: “One who contracts with another for a field,” etc. One understands that for wheat he may not sow flax. For flax may he not sow wheat? Flax damages the soil for three years and you say so⁶³? Rebbi Menaḥem, the brother of Rebbi Gorion, explained before Rebbi La: It is better to sow flax after flax but not barley after barley⁶⁴.

footnotes: ⁶³ That one may not substitute wheat for flax. ⁶⁴ E reads: “wheat after wheat”. It seems that this reading is required by the preceding Halakhah, Note 58. The Tosephta, 9:32, allows any sequence of crops on condition that no crop be planted for two consecutive years.

MISHNAH: If one who contracts with another for a field for a Sabbatical cycle at 700 denars, the Sabbatical year is included⁶⁵. If he contracted for seven years at 700 denars, the Sabbatical is not included⁶⁶.

footnotes: ⁶⁵ He has the use of the field for 7 consecutive years, which gives him the possibility of 6 harvests. ⁶⁶ He contracted for 7 agricultural years or 7 harvests. He has the use of the field for 7 non-consecutive years because in the Sabbatical year the field reverts to the disposition of its owner.

HALAKHAH: “If one contracts with another for a field,” etc. It was stated: ⁶⁷“One contracts with another for a field; he sowed it a first year and it did not grow; one forces him to sow a second year. If the second time it did not grow, one cannot force him to sow a third year.” Rebbi Simeon ben Laqish said, that is, a field which had not been checked out⁶⁸. But if it had been checked out, one can force him to sow a third year.

footnotes: ⁶⁷ Tosephta 9:16; Babli 106b. ⁶⁸ It is not clear what a “checked-out field” would be. In the Babli, 106b, R. Simeon ben Laqish holds that even the second time the contractor cannot be forced to sow if the first time the plants sprouted but the crop was then destroyed by a natural disaster.

MISHNAH: A person hired for the day collects the entire night⁶⁹ 19:13).; a person hired for the night collects the entire day⁷⁰ 24:15).. A person hired for hours collects the entire day and the entire night⁷¹. A person hired for a week, a month, a year, or a Sabbatical period, if he finishes during daytime, he collects the entire day; if he finishes at nighttime, he collects the entire night and the following day.

footnotes: ⁶⁹ Since he works until sundown, he cannot be paid during the day. If he was not paid by daybreak the next morning, his employer has sinned against the rule that “one may not withhold a hireling’s wages until the morning” (Lev. ⁷⁰ If he is not paid promptly, the employer sins against “you must pay his wages on his day” (Deut. ⁷¹ This is explained in the Halakhah.

HALAKHAH: “A person hired for the day collects the entire night,” etc. Samuel said, the next morning he is in violation on his behalf because of “ “you must pay his wages on his day”⁷⁰ 24:15).. Rebbi Dosa said, is there one day when you can say that he transgresses on all these counts⁷² 278: One who retains a hireling’s wages transgresses five prohibitions: “Do not oppress” (*Lev.*19:13; Deut. 24:14), “do not rob” (*Lev.*19:13), “do not withhold overnight” (Lev. 19:13), “the sun shall not set for him” (Deut. 24:15). Since Lev. 19:13 refers to paying in the night and *Deut.*24:14 to paying by day, how could one person transgress all five commandments simultaneously? The Babli (111a) even has a list of 6 verses; they also combine Lev. 19:13 and *Deut.*24:15.? If it is to refer to the verses, explain it about a person hired by the hour during day and night who can collect the entire day and the entire night. And it was stated thus: ⁷³ 2(12).“A person hired by the hour during the day collects the entire day; in the night he collects the entire night. A person hired by the hour during day and night collects the entire night and the entire day.”

footnotes: ⁷⁰ If he is not paid promptly, the employer sins against “you must pay his wages on his day” (Deut. ⁷² He refers to Tosephta 10:3 or Sifry Deut ⁷³ Tosephta 10:2; Babli 111a; Sifra Qedošim Parašah

MISHNAH: Wages of a human, as well as wages for an animal, as well as wages for implements are subsumed under “you must pay his wages on his day”⁷⁰ 24:15). and “one may not withhold a hireling’s wages until the morning”⁶⁹ 19:13).. When? If he claimed it. If he did not claim it, one does not transgress. If one gave him a draft on a storekeeper or a banker, he does not transgress. In his time⁷⁴ the hireling swears and takes⁷⁵; after his time he does not swear and take⁷⁶. But if there are witnesses that he did claim, he swears and takes⁷⁷. The resident proselyte⁸⁰ is protected by “you must pay his wages on his day” but not by “one may not withhold a hireling’s wages until the morning”⁸⁵ 24:14 speaks of “your proselyte … in your gates.” The same expression is used in Deut. 14:20 to permit the sale of carcass meat to the resident proselyte. By the doctrine of invariable lexemes in the Torah, the expression in Deut. 24:14 refers to the resident proselyte. But Lev. 19:13 speaks of “your neighbor”; only the just proselyte is covered by that expression. (Halakhah 14; Babli 111b)..

footnotes: ⁷⁰ If he is not paid promptly, the employer sins against “you must pay his wages on his day” (Deut. ⁶⁹ Since he works until sundown, he cannot be paid during the day. If he was not paid by daybreak the next morning, his employer has sinned against the rule that “one may not withhold a hireling’s wages until the morning” (Lev. ⁷⁴ The time when he has to be paid according to Mishnah 11. ⁷⁵ The hireling claims that he was not paid; the employer claims that he did pay; neither of them has witnesses. Then the hireling is privileged; the court will allow him to swear that he was not paid and then order his employer to pay. ⁷⁶ The ordinary rules of procedure apply: in the absence of proof the defendant may swear to absolve himself. ⁷⁷ Even after the 12 hour period when he should have been paid. The unpaid hireling has to protect his claim by asking for his money in front of witnesses. ⁸⁰ He is a full Jew in contrast to the גֵּר תּוֹשָׁב “resident proselyte” who only keeps the Noaḥide commandments. ⁸⁵ The verse Deut.

HALAKHAH: “Wages of a human,” etc. ⁷⁸ 279. It is written⁷⁹ 24:14. The verse reads: Do not oppress the poor and needy hireling …: “Do not oppress the poor and needy of your brothers,” this refers to Israel. “Your proselytes,” this refers to the just proselytes⁸⁰. “In your land,” to add animals and slaves. “In your gates,” to add movables⁸¹ 19:13, is in Sifra Qedoŝim Paraŝah 2(9)..

footnotes: ⁷⁸ Sifry Deut. ⁷⁹ Deut. ⁸⁰ He is a full Jew in contrast to the גֵּר תּוֹשָׁב “resident proselyte” who only keeps the Noaḥide commandments. ⁸¹ A different argument for the same implication, based on Lev.

It was stated⁸² 2(11).: I could think that if one gave him a draft on a storekeeper or a banker, he would transgress about him. He does not transgress about him but they transgress about him. When? If he claimed it. If he did not claim it, one does not transgress.

footnotes: ⁸² Tosephta 10:5; Sifra Qedošim Parašah

“In his time the hireling swears and takes.” Rebbi Simeon ben Laqish said, if he said: I paid⁸³. But if he said, I shall pay tomorrow: if then he said, I paid, he cannot be believed. Rebbi Yose ben Ḥanina said, even the next day, if he said, I paid, he is believed⁸⁴.

footnotes: ⁸³ This refers to the case that the hireling did not claim his wages immediately, but comes later to claim his wages. The employer may swear that he paid only if he asserts that he paid immediately. But if he admits that he transgressed the commandment to pay immediately, the hireling retains his right to swear in order to get a court order forcing the employer to pay. ⁸⁴ In any case where the hireling did not claim his wages immediately before witnesses and the claim is presented after the time due, the employer retains the right to swear that he paid.

“The resident proselyte is protected by ‘you must pay his wages on his day’ ”, etc. It is written: “Do not oppress your neighbor,” excluding the resident proselyte⁸⁵ 24:14 speaks of “your proselyte … in your gates.” The same expression is used in Deut. 14:20 to permit the sale of carcass meat to the resident proselyte. By the doctrine of invariable lexemes in the Torah, the expression in Deut. 24:14 refers to the resident proselyte. But Lev. 19:13 speaks of “your neighbor”; only the just proselyte is covered by that expression. (Halakhah 14; Babli 111b)..

footnotes: ⁸⁵ The verse Deut.

MISHNAH: A person who lends to another may take a pledge from him only in court⁸⁶. He may not enter his house to take his pledge, as it is said: “You have to stand outside.⁸⁷ 24:11.” If he had two vessels⁸⁸, he takes one and returns one. He returns the pillow for the night⁸⁹ 24:13. and the plough for the day. If he⁹⁰ dies, he⁹¹ does not return it to his⁹⁰ heirs. Rabban Simeon ben Gamliel says, even to himself⁹⁰ he⁹¹ returns it only up to 30 days; after thirty days⁹²24:13 as an obligation to return it to the debtor in person. If the debtor died, the pledge may be sold and the proceeds deducted from the amount of the debt. he⁹¹ sells it in court⁸⁶

footnotes: ⁸⁶ Under the supervision of the court. ⁸⁷ Deut. ⁸⁸ This expression, כֵּלִים, covers both implements and textiles. ⁸⁹ Deut. ⁹⁰ The debtor. ⁹¹ The creditor. ⁹⁰ The debtor. ⁹⁰ The debtor. ⁹¹ The creditor. ⁹² The religious obligation to return the pledge is formulated in Deut. ⁹¹ The creditor. ⁸⁶ Under the supervision of the court.

HALAKHAH: It is written about torts that the collection be from the best quality, as it is said: “his best field, etc.⁹³ 22:4; Babli Giṭṭin 48b.” And it is written about a loan that the collection be from average quality, as it is said: “and the man to whom you are creditor, etc.¹ 24:11.⁹⁴” They inferred real estate from pledges⁹⁵ 24:14 refers to a pledge of movables, it is not obvious that the same rule should be applied to the foreclosure of a mortgage.. Similarly, should not pledges be inferred from real estate⁹⁶? ⁹⁷ 5:1, Notes 30–32. Rebbi Simai explained: It is a word of the Torah that the court’s bailiff enter and collect from average quality. For if the creditor enter, he would bring out the best. And if the debtor enter, he would bring out the worst. But the court’s bailiff enters and collects from average quality. Rebbi Ismael stated: It is a word of the Torah that the debtor enter, as it is said: “and the man to whom you are creditor etc.⁹⁸ 24:10–11: “If you are a creditor to your neighbor for anything, do not enter his house to take his pledge. Stand outside, and the man to whom you are creditor shall bring the pledge outside to you.” This clearly indicates that it is up to the debtor to determine what to give as pledge; the requirement that it be of medium quality is purely rabbinical for R. Ismael; in the words of the Babli “not to lock the door before borrowers” (Babli 113b). The obligation to stand outside extends to the bailiff (Sifry Deut. 276). But R. Simai, and the Masoretes who follow him in their punctuation, read: “Stand outside, and the man, acting on behalf of the one to whom you are creditor, shall bring …” The man is the court’s employee.” Rebbi La said, it was stated there⁹⁹: “to seize as pledge”, by the court. Outside the court, from where¹⁰⁰? The verse¹⁰¹ 22:25. says, “if to seize as pledge you seize as pledge.” If he took the pledge without authorization, he transgresses all these verses¹⁰² 22:25, *Deut.*24:10–13, for a total of five sins committed by one action.. Rebbi La said, he caused himself to transgress all these verses¹⁰³22:25 and Deut. 24:13, but not the other commandments..

footnotes: ⁹³ Ex. ¹ Deut. ⁹⁴ The inference is explained later by R. Simai. ⁹⁵ Since Deut. ⁹⁶ If payment for torts is made by cash or movables, not in real estate, that only best quality would be acceptable. But any debt can be liquidated by money or money’s worth to avoid foreclosure. ⁹⁷ A parallel to the remainder of the paragraph is in Giṭṭin ⁹⁸ Deut. ⁹⁹ In Babylonia. ¹⁰⁰ The court has to give authorization; it does not have to oversee the execution. ¹⁰¹ Ex. ¹⁰² Tosephta 10:8: Ex. ¹⁰³ If he received the pledge through the court’s bailiff and did not return it, he still would transgress Ex.

If he took a pledge and then returned it, by law he can collect from the property mortgaged to him¹⁰⁴. ¹⁰⁵“But if he returns it, why does he take a pledge? Rebbi explained, for maybe there will be a Sabbatical year and annul [the debt]¹⁰⁶10:2.. Or maybe that one¹⁰⁷ will die and leave the movables in the heir’s hand.”

footnotes: ¹⁰⁴ Usually, נְכָסִין מְשׁוּעֲבָדִין denotes otherwise mortgaged real estate. But in this case it denotes the pledge, which in case of non-payment the creditor can satisfy himself from. Since by biblical law the pledge has to be returned periodically, why should the Jewish creditor of a Jew bother to take a pledge? ¹⁰⁵ Tosephta 10:9. In the Babli, 114b–115a, in the name of R. Meïr. ¹⁰⁶ Secured loans are not remitted in the Sabbatical year; Mishnah Ševi‘it ¹⁰⁷ The borrower. If the borrower’s estate contains no real estate, the creditor might be unable to force repayment of the debt.

It was stated¹⁰⁸ 19 (p. 316–317); Mekhilta dR. Simeon b. Ioḥai p. 212; Tanḥuma Mišpaṭim 10; Ex. rabba 30:7; Sifry Deut. 277.: He takes a day garment as pledge during the night and a night garment during the day. He returns a day garment during the day and a night garment during the night. Pillow and bed sheet¹⁰⁹). which are used as cover during the night he may take as pledge during the day and return for the night. An axe and a plough which usually are used for work during the day he may take as pledge during the night and return for the day. Rebbi La said: Sometimes one explains the verse¹¹⁰ 24:15 (speaking of worker’s wages, not pledges). “the sun shall not come onto it,” as “the sun shall not rise upon it”, but sometimes one explains as “the sun shall not set upon it” since it is written “returning you shall return the pledge to him when the sun comes,¹¹¹ 24:13.” at sunrise, “until the going of the sun return it to him,¹⁰¹ 22:25.” until sundown.

footnotes: ¹⁰⁸ Cf. Mekhilta dR. Ismael Mišpaṭim ¹⁰⁹ Corrected version of the scribe. First he wrote סָגוֹס σάγος, "coarse coat" (expression used in Mekhilta dR. Simeon b. Ioḥai, Sifry Deut. ¹¹⁰ Deut. ¹¹¹ Deut. ¹⁰¹ Ex.

MISHNAH: One may not take a pledge from a widow, whether poor or rich, since it was said¹¹² 24:17.: “And do not take a widow’s garment for a pledge.” One who takes a flour mill as pledge transgresses a prohibition and is guilty for two vessels¹¹³, as it was said: “Do not take upper and lower millstones as pledge¹¹⁴. 24:6..” They said, not only upper and lower millstones but everything used to make food, as it was said: “For he takes a living person for a pledge¹¹⁴. 24:6..”

footnotes: ¹¹² Deut. ¹¹³ Even though the moving millstone is useless without its stone base and vice-versa. ¹¹⁴ Deut ¹¹⁴ Deut

HALAKHAH: “One may not take a pledge from a widow, whether poor or rich,” etc. It was stated¹¹⁵ 281, the first statement is anonymous as in the Mishnah; R. Simeon is quoted to the effect that no woman’s pledge can be returned since any woman’s reputation would be ruined by frequent visits by a man not married to her. This argument is incorporated into Pseudo-Jonathan’s Targum of Deut. 24:17.: “One may not take a pledge from a widow, whether poor or rich, since it was said¹¹² 24:17.: ‘And do not take a widow’s garment for a pledge’, whether poor or rich, the words of Rebbi Meїr. Rebbi Jehudah says, from a poor one he cannot take any pledge at all, from a rich one he may take a pledge but does not return it since if he came to her he would ruin her reputation.”

footnotes: ¹¹⁵ In the Babylonian tradition, Babli 115a, Tosephta 10:10, R. Meїr’s opinion is attributed to R. Jehudah and R. Jehudah’s to R. Simeon. In Sifry Deut. ¹¹² Deut.

¹¹⁶ One who takes a pair of barber’s scissors¹¹⁷ 6:3. transgresses for the two blades separately. If he took only one component, he transgresses for this one [only]¹¹¹⁹. One who takes a yoke of cows¹²⁰ transgresses for each one separately. If he took only one, he transgresses for this one only.

footnotes: ¹¹⁶ For the Babylonian version, cf. Babli 116a, Tosephta 10:11. ¹¹⁷ Since the scissors are indispensable to the barber’s livelihood, for him they are as important as is food and cannot be impounded. Even though the scissors only work as a pair (ζεῦγος), each blade separately is counted as a tool. The rules of items which cannot be taken are spelled out in Mishnah ‘Arakhin ¹ From E, missing in L, but implied by the last sentence of the paragraph. ¹¹⁹ Even though the part remaining in the barber’s hand is almost useless, the creditor may be punished only for one misdemeanor. ¹²⁰ From a farmer whose plough is drawn by a yoke of cows.