1. Hebrew Bible, Micah, 7.2 (9th cent. BCE - 3rd cent. BCE) Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 150, 157| 7.2. "תִּתֵּן אֱמֶת לְיַעֲקֹב חֶסֶד לְאַבְרָהָם אֲשֶׁר־נִשְׁבַּעְתָּ לַאֲבֹתֵינוּ מִימֵי קֶדֶם׃", 7.2. "אָבַד חָסִיד מִן־הָאָרֶץ וְיָשָׁר בָּאָדָם אָיִן כֻּלָּם לְדָמִים יֶאֱרֹבוּ אִישׁ אֶת־אָחִיהוּ יָצוּדוּ חֵרֶם׃", | 7.2. "The godly man is perished out of the earth, And the upright among men is no more; They all lie in wait for blood; They hunt every man his brother with a net.", |
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2. Hebrew Bible, Deuteronomy, 24.10, 25.4 (9th cent. BCE - 3rd cent. BCE) Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 153, 158| 25.4. "לֹא־תַחְסֹם שׁוֹר בְּדִישׁוֹ׃", | 24.10. "When thou dost lend thy neighbour any manner of loan, thou shalt not go into his house to fetch his pledge.", 25.4. "Thou shalt not muzzle the ox when he treadeth out the corn.", |
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3. Hebrew Bible, Leviticus, 5.21, 5.24, 22.11-22.13 (9th cent. BCE - 3rd cent. BCE) Tagged with subjects: •nan Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 152, 154, 159, 160, 204, 228| 5.21. "נֶפֶשׁ כִּי תֶחֱטָא וּמָעֲלָה מַעַל בַּיהוָה וְכִחֵשׁ בַּעֲמִיתוֹ בְּפִקָּדוֹן אוֹ־בִתְשׂוּמֶת יָד אוֹ בְגָזֵל אוֹ עָשַׁק אֶת־עֲמִיתוֹ׃", 5.24. "אוֹ מִכֹּל אֲשֶׁר־יִשָּׁבַע עָלָיו לַשֶּׁקֶר וְשִׁלַּם אֹתוֹ בְּרֹאשׁוֹ וַחֲמִשִׁתָיו יֹסֵף עָלָיו לַאֲשֶׁר הוּא לוֹ יִתְּנֶנּוּ בְּיוֹם אַשְׁמָתוֹ׃", 22.11. "וְכֹהֵן כִּי־יִקְנֶה נֶפֶשׁ קִנְיַן כַּסְפּוֹ הוּא יֹאכַל בּוֹ וִילִיד בֵּיתוֹ הֵם יֹאכְלוּ בְלַחְמוֹ׃", 22.12. "וּבַת־כֹּהֵן כִּי תִהְיֶה לְאִישׁ זָר הִוא בִּתְרוּמַת הַקֳּדָשִׁים לֹא תֹאכֵל׃", 22.13. "וּבַת־כֹּהֵן כִּי תִהְיֶה אַלְמָנָה וּגְרוּשָׁה וְזֶרַע אֵין לָהּ וְשָׁבָה אֶל־בֵּית אָבִיהָ כִּנְעוּרֶיהָ מִלֶּחֶם אָבִיהָ תֹּאכֵל וְכָל־זָר לֹא־יֹאכַל בּוֹ׃", | 5.21. "If any one sin, and commit a trespass against the LORD, and deal falsely with his neighbour in a matter of deposit, or of pledge, or of robbery, or have oppressed his neighbour;", 5.24. "or any thing about which he hath sworn falsely, he shall even restore it in full, and shall add the fifth part more thereto; unto him to whom it appertaineth shall he give it, in the day of his being guilty.", 22.11. "But if a priest buy any soul, the purchase of his money, he may eat of it; and such as are born in his house, they may eat of his bread.", 22.12. "And if a priest’s daughter be married unto a common man, she shall not eat of that which is set apart from the holy things.", 22.13. "But if a priest’s daughter be a widow, or divorced, and have no child, and is returned unto her father’s house, as in her youth, she may eat of her father’s bread; but there shall no common man", |
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4. Hebrew Bible, Habakkuk, 1.15-1.17 (8th cent. BCE - 6th cent. BCE) Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 157| 1.15. "כֻּלֹּה בְּחַכָּה הֵעֲלָה יְגֹרֵהוּ בְחֶרְמוֹ וְיַאַסְפֵהוּ בְּמִכְמַרְתּוֹ עַל־כֵּן יִשְׂמַח וְיָגִיל׃", 1.16. "עַל־כֵּן יְזַבֵּחַ לְחֶרְמוֹ וִיקַטֵּר לְמִכְמַרְתּוֹ כִּי בָהֵמָּה שָׁמֵן חֶלְקוֹ וּמַאֲכָלוֹ בְּרִאָה׃", 1.17. "הַעַל כֵּן יָרִיק חֶרְמוֹ וְתָמִיד לַהֲרֹג גּוֹיִם לֹא יַחְמוֹל׃", | 1.15. "They take up all of them with the angle, They catch them in their net, And gather them in their drag; Therefore they rejoice and exult.", 1.16. "Therefore they sacrifice unto their net, And offer unto their drag; Because by them their portion is fat, And their food plenteous.", 1.17. "Shall they therefore empty their net, And not spare to slay the nations continually?", |
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5. Hebrew Bible, Ezekiel, 32.3 (6th cent. BCE - 5th cent. BCE) Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 157| 32.3. "שָׁמָּה נְסִיכֵי צָפוֹן כֻּלָּם וְכָל־צִדֹנִי אֲשֶׁר־יָרְדוּ אֶת־חֲלָלִים בְּחִתִּיתָם מִגְבוּרָתָם בּוֹשִׁים וַיִּשְׁכְּבוּ עֲרֵלִים אֶת־חַלְלֵי־חֶרֶב וַיִּשְׂאוּ כְלִמָּתָם אֶת־יוֹרְדֵי בוֹר׃", 32.3. "כֹּה אָמַר אֲדֹנָי יְהוִה וּפָרַשְׂתִּי עָלֶיךָ אֶת־רִשְׁתִּי בִּקְהַל עַמִּים רַבִּים וְהֶעֱלוּךָ בְּחֶרְמִי׃", | 32.3. "Thus saith the Lord GOD: I will therefore spread out My net over thee With a company of many peoples; And they shall bring thee up in My net.", |
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| 6. Anon., Testament of Moses, 5.5-5.6 (2nd cent. BCE - 2nd cent. CE) Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 160 |
| 7. Dead Sea Scrolls, Damascus Covenant, 6.15-6.17, 9.1-9.8, 9.11, 10.10, 10.14, 16.6-16.12, 16.14-16.17 (2nd cent. BCE - 1st cent. CE) Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 228 |
| 8. Dead Sea Scrolls, (Cairo Damascus Covenant) Cd-A, 6.15-6.17, 9.1-9.8, 9.11, 10.10, 10.14, 16.6-16.12, 16.14-16.17 (2nd cent. BCE - 1st cent. CE) Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 228 |
9. Septuagint, 1 Maccabees, 10.39, 10.43, 10.46 (2nd cent. BCE - 2nd cent. BCE) Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 179, 228 | 10.39. Ptolemais and the land adjoining it I have given as a gift to the sanctuary in Jerusalem, to meet the necessary expenses of the sanctuary. 10.43. And whoever takes refuge at the temple in Jerusalem, or in any of its precincts, because he owes money to the king or has any debt, let him be released and receive back all his property in my kingdom. 10.46. When Jonathan and the people heard these words, they did not believe or accept them, because they remembered the great wrongs which Demetrius had done in Israel and how he had greatly oppressed them. |
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10. Philo of Alexandria, On The Special Laws, 1.76, 1.204, 2.37 (1st cent. BCE - missingth cent. CE) Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 153, 159, 228 | 1.76. But the temple has for its revenues not only portions of land, but also other possessions of much greater extent and importance, which will never be destroyed or diminished; for as long as the race of mankind shall last, the revenues likewise of the temple will always be preserved, being coeval in their duration with the universal world. 1.204. "These hands have never received any gift as a bribe to commit an unjust action, nor any division of what has been obtained by rapine or by covetousness, nor have they shed innocent blood. nor have they wrought mutilation, nor works of insolence, nor acts of violence, nor have they inflicted any wounds; nor, in fact, have they performed any action whatever which is liable to accusation or to reproach, but have been ministers in everything which is honourable and advantageous, and which is honoured by wisdom, or by the laws, or by honourable and virtuous men."XXXVIII. 2.37. And if the thing which he has vowed be his house, again he must have the priest for a valuer. But those who may chance to buy it shall not pay an equal ransom for it; but if the man who has vowed it chooses to ransom it, he shall pay its price and a fifth besides, punishing his own rashness and impetuous desire for his two faults, his rashness for making the vow, and his impetuous desire for wishing for things back again which he had before abandoned. But if any one else brings it he shall not pay more than its value. |
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11. Mishnah, Gittin, 5.6 (1st cent. CE - 3rd cent. CE) Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 179| 5.6. "לֹא הָיָה סִיקָרִיקוֹן בִּיהוּדָה בַהֲרוּגֵי מִלְחָמָה. מֵהֲרוּגֵי מִלְחָמָה וְאֵילָךְ, יֶשׁ בָּהּ סִיקָרִיקוֹן. כֵּיצַד. לָקַח מִסִּיקָרִיקוֹן וְחָזַר וְלָקַח מִבַּעַל הַבַּיִת, מִקָּחוֹ בָטֵל. מִבַּעַל הַבַּיִת וְחָזַר וְלָקַח מִסִּיקָרִיקוֹן, מִקָּחוֹ קַיָּם. לָקַח מִן הָאִישׁ וְחָזַר וְלָקַח מִן הָאִשָּׁה, מִקָּחוֹ בָטֵל. מִן הָאִשָּׁה וְחָזַר וְלָקַח מִן הָאִישׁ, מִקָּחוֹ קַיָּם. זוֹ מִשְׁנָה רִאשׁוֹנָה. בֵּית דִּין שֶׁל אַחֲרֵיהֶם אָמְרוּ, הַלּוֹקֵחַ מִסִּיקָרִיקוֹן נוֹתֵן לַבְּעָלִים רְבִיעַ. אֵימָתַי, בִּזְמַן שֶׁאֵין בְּיָדָן לִקַּח. אֲבָל יֵשׁ בְּיָדָן לִקַּח, הֵן קוֹדְמִין לְכָל אָדָם. רַבִּי הוֹשִׁיב בֵּית דִּין וְנִמְנוּ, שֶׁאִם שָׁהֲתָה בִפְנֵי סִיקָרִיקוֹן שְׁנֵים עָשָׂר חֹדֶשׁ, כָּל הַקּוֹדֵם לִקַּח, זוֹכֶה, אֲבָל נוֹתֵן לַבְּעָלִים רְבִיעַ: \n", | 5.6. "There was no sicaricon in Judea for those killed in war. After the war’s slaughter ended there is sicaricon there. How so? If a man buys a field from the Sicaricon and then buys it again from the original owner, his purchase is void, but if he buys it first from the original owner and then from the sicaricon it is valid. If a man buys [a piece of a married woman’s property] from the husband and then buys it from the wife, the purchase is void, but if he buys it first from the wife and then from the husband it is valid. This was [the ruling] of the first mishnah. The court that came after them said if a man buys property from the Sicaricon he had to give the original owner a quarter [of the value]. When is this so? When the original owners cannot buy it themselves, but if they can they have preemption over everyone else. Rabbi assembled a court and they decided by vote that if the property had been in the hands of the Sicaricon twelve months, whoever purchased it first acquired the title, but he had to give a quarter [of the price] to the original owner.", |
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12. Mishnah, Sanhedrin, 1.3 (1st cent. CE - 3rd cent. CE) Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 155| 1.3. "סְמִיכַת זְקֵנִים וַעֲרִיפַת עֶגְלָה, בִּשְׁלֹשָׁה, דִּבְרֵי רַבִּי שִׁמְעוֹן. וְרַבִּי יְהוּדָה אוֹמֵר, בַּחֲמִשָּׁה. הַחֲלִיצָה וְהַמֵּאוּנִין, בִּשְׁלֹשָׁה. נֶטַע רְבָעִי וּמַעֲשֵׂר שֵׁנִי שֶׁאֵין דָּמָיו יְדוּעִין, בִּשְׁלֹשָׁה. הַהֶקְדֵּשׁוֹת, בִּשְׁלֹשָׁה. הָעֲרָכִין הַמִּטַּלְטְלִין, בִּשְׁלֹשָׁה. רַבִּי יְהוּדָה אוֹמֵר, אֶחָד מֵהֶן כֹּהֵן. וְהַקַּרְקָעוֹת, תִּשְׁעָה וְכֹהֵן. וְאָדָם, כַּיּוֹצֵא בָהֶן: \n", | 1.3. "The laying on of the elders’ hands and the breaking of the heifer’s neck [are decided upon] by three, according to Rabbi Shimon. But Rabbi Judah says: “By five.” The rites of halitzah and “refusal” [are performed] before three. The fruit of fourth year plantings and Second Tithes whose value is not known [are redeemed] before three. Things dedicated to the Temple [are redeemed] before three. Vows of evaluation to be redeemed with movable property, [are evaluated] before three. Rabbi Judah says: “One must be a priest.” [Vows of evaluation], [to be redeemed] with land [are evaluated] before nine and a priest. And similarly [for the evaluation] of a man.", |
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13. Tosefta, Ketuvot, 11.2 (1st cent. CE - 2nd cent. CE) Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 155| 11.2. "כשם שאלמנה מוכרת שלא בב\"ד כך יורשיה הבאין ברשותה מוכרין שלא בב\"ד ר\"ש אומר אלמנה מוכרת שלא בב\"ד ואין יורשיה הבאין ברשותה מוכרין שלא בב\"ד אמר ר\"ש מפני מה אמרו אלמנה מוכרת שלא בב\"ד ליפות כוחן של יתומים שלא תבזבז את נכסיהם ירדה לשדה העשויה אפותיקי ואכלה והוציאה הוצאות שמין לה מה שאכלה ושמין לזו מה שהוציאה אם שמו לה [בב\"ד] מה ששמו שמו.", | 11.2. "Just as a widow can sell [her ketubah] without the court, so too can her inheritors [or] those who come with her permission sell [it] without the court. Said Rabbi Shimon: Why did they say that a widow can sell [it] without the court? In order to benefit the orphans, such that they shouldn't plunder their property [if they have to wait to go to court, they will be using up their property in the meantime, so they said that they don't need a court and can sell the ketubah immediately]. If she took possession of a field that was made a security [for her ketubah] and ate it [i.e. used up the value of the property], but profits came out of it—they evaluate for her what she ate, and evaluate for her the profits [just like someone who took possession of a field without permission]. If they evaluate for her in a court, whatever they evaluated is evaluated.", |
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14. New Testament, Mark, 7.9-7.13 (1st cent. CE - 1st cent. CE) Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 151, 158, 228, 229| 7.9. καὶ ἔλεγεν αὐτοῖς Καλῶς ἀθετεῖτε τὴν ἐντολὴν τοῦ θεοῦ, ἵνα τὴν παράδοσιν ὑμῶν τηρήσητε· 7.10. Μωυσῆς γὰρ εἶπεν Τίμα τὸν πατέρα σου καὶ τὴν μητέρα σου, καί Ὁ κακολογῶν πατέρα ἢ μητερα θανάτῳ τελευτάτω· 7.11. ὑμεῖς δὲ λέγετε Ἐὰν εἴπῃ ἄνθρωπος τῷ πατρὶ ἢ τῇ μητρί Κορβάν, ὅ ἐστιν Δῶρον, ὃ ἐὰν ἐξ ἐμοῦ ὠφεληθῇς, 7.12. οὐκέτι ἀφίετε αὐτὸν οὐδὲν ποιῆσαι τῷ πατρὶ ἢ τῇ μητρί, 7.13. ἀκυροῦντες τὸν λόγον τοῦ θεοῦ τῇ παραδόσει ὑμῶν ᾗ παρεδώκατε· καὶ παρόμοια τοιαῦτα πολλὰ ποιεῖτε. | 7.9. He said to them, "Full well do you reject the commandment of God, that you may keep your tradition. 7.10. For Moses said, 'Honor your father and your mother;' and, 'He who speaks evil of father or mother, let him be put to death.' 7.11. But you say, 'If a man tells his father or his mother, "Whatever profit you might have received from me is Corban, that is to say, given to God;"' 7.12. then you no longer allow him to do anything for his father or his mother, 7.13. making void the word of God by your tradition, which you have handed down. You do many things like this." |
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15. New Testament, Matthew, 15.3-15.6 (1st cent. CE - 1st cent. CE) Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 151, 158| 15.3. ὁ δὲ ἀποκριθεὶς εἶπεν αὐτοῖς Διὰ τί καὶ ὑμεῖς παραβαίνετε τὴν ἐντολὴν τοῦ θεοῦ διὰ τὴν παράδοσιν ὑμῶν; 15.4. ὁ γὰρ θεὸς εἶπεν Τίμα τὸν πατέρα καὶ τὴν μητέρα, καί Ὁ κακολογῶν πατέρα ἢ μητέρα θανάτῳ τελευτάτω· 15.5. ὑμεῖς δὲ λέγετε Ὃς ἂν εἴπῃ τῷ πατρὶ ἢ τῇ μητρί Δῶρον ὃ ἐὰν ἐξ ἐμοῦ ὠφεληθῇς, 15.6. οὐ μὴ τιμήσει τὸν πατέρα αὐτοῦ· καὶ ἠκυρώσατε τὸν λόγον τοῦ θεοῦ διὰ τὴν παράδοσιν ὑμῶν. | 15.3. He answered them, "Why do you also disobey the commandment of God because of your tradition? 15.4. For God commanded, 'Honor your father and your mother,' and, 'He who speaks evil of father or mother, let him be put to death.' 15.5. But you say, 'Whoever may tell his father or his mother, "Whatever help you might otherwise have gotten from me is a gift devoted to God," 15.6. he shall not honor his father or mother.' You have made the commandment of God void because of your tradition. |
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16. Josephus Flavius, Jewish War, 2.409-2.410, 7.216-7.217 (1st cent. CE - 1st cent. CE) Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 179, 228 | 2.409. At the same time Eleazar, the son of Aias the high priest, a very bold youth, who was at that time governor of the temple, persuaded those that officiated in the Divine service to receive no gift or sacrifice for any foreigner. And this was the true beginning of our war with the Romans; for they rejected the sacrifice of Caesar on this account; 2.410. and when many of the high priests and principal men besought them not to omit the sacrifice, which it was customary for them to offer for their princes, they would not be prevailed upon. These relied much upon their multitude, for the most flourishing part of the innovators assisted them; but they had the chief regard to Eleazar, the governor of the temple. 7.216. 6. About the same time it was that Caesar sent a letter to Bassus, and to Liberius Maximus, who was the procurator [of Judea], and gave order that all Judea should be exposed to sale; 7.217. for he did not found any city there, but reserved the country for himself. However, he assigned a place for eight hundred men only, whom he had dismissed from his army, which he gave them for their habitation; it is called Emmaus, and is distant from Jerusalem threescore furlongs. |
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17. New Testament, Romans, 11.16 (1st cent. CE - 1st cent. CE) Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 229| 11.16. εἰ δὲ ἡ ἀπαρχὴ ἁγία, καὶ τὸ φύραμα· καὶ εἰ ἡ ῥίζα ἁγία, καὶ οἱ κλάδοι. | 11.16. If the first fruit is holy, so is the lump. If the root is holy, so are the branches. |
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18. Josephus Flavius, Jewish Antiquities, 13.56 (1st cent. CE - 1st cent. CE) Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 228 | 13.56. And whosoever shall fly to the temple at Jerusalem, or to the places thereto belonging, or who owe the king money, or are there on any other account, let them be set free, and let their goods be in safety. |
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| 19. Ps.-Philo, Biblical Antiquities, 26.1 (1st cent. CE - 2nd cent. CE) Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 204 |
20. Babylonian Talmud, Bava Batra, None (3rd cent. CE - 6th cent. CE) Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 155| 107a. התם עבוד רבנן מילתא דניחא ליה למוכר וניחא ליה ללוקח,איתמר אחין שחלקו ובא בעל חוב ונטל חלקו של אחד מהן רב אמר בטלה מחלוקת ושמואל אמר ויתר ורב אסי אמר נוטל רביע בקרקע ורביע במעות,רב אמר בטלה מחלוקת קא סבר האחין שחלקו יורשין הן,ושמואל אמר ויתר קא סבר האחין שחלקו לקוחות הוו וכלוקח שלא באחריות דמי,רב אסי מספקא ליה אי יורשין הוו אי לקוחות הוו הלכך נוטל רביע בקרקע ורביע במעות,אמר רב פפא הלכתא בכל הני שמעתתא מקמצין אמימר אמר בטלה מחלוקת והלכתא בטלה מחלוקת:,תנו רבנן שלשה שירדו לשום אחד אומר במנה ושנים אומרים במאתים אחד אומר במאתים ושנים אומרים במנה בטל יחיד במיעוטו,אחד אומר במנה ואחד אומר בעשרים ואחד אומר בשלשים נדון במנה רבי אליעזר ברבי צדוק אומר נדון בתשעים אחרים אומרים עושין שומא ביניהן ומשלשין,מאן דאמר נדון במנה מילתא מציעתא רבי אליעזר בר' צדוק אומר נדון בתשעים קא סבר הא ארעא | 107a. The Gemara answers: The cases cannot be compared because b there, /b in the case of the sale of grain, b the Sages instituted a matter that is suitable for the seller and /b also b suitable for the buyer. /b Since the price of grain fluctuates, neither party wants the sale to be considered complete until the last i se’a /i is measured out, so that they each are able to renege on the sale should the price rise or fall. This reasoning does not apply in cases of division of property.,§ b It was stated /b that the i amora’im /i disagreed about another related matter: If b two brothers divided /b their father’s estate between them, b and /b then their father’s b creditor came and took the portion of one of them /b as repayment for the father’s debt, b Rav says: The /b original b division /b of the property b is void, /b and the brothers must now redivide the remaining assets. b Shmuel says: /b Each brother, upon receiving his portion, b has foregone /b his right to be reimbursed if his portion is lost. b Rav Asi says: /b The brother whose portion was seized is entitled to half the remaining inheritance: b He takes one-quarter in land and one-quarter in money. /b ,The Gemara explains the rationale for each opinion: b Rav says /b that b the /b original b division /b of the property b is void. /b This is because b he holds that brothers who divided /b property received as an inheritance b are /b still considered to be b heirs /b with regard to the inheritance as if they never divided the property, so that they continue to share joint responsibility for their father’s debts. Therefore, if a creditor seizes the portion received by one of them, it is as if he repaid the debt on behalf of all the heirs. Accordingly, they must once again divide the remaining property between them., b And Shmuel says /b that each brother, upon receiving his portion, b has foregone /b his right to be reimbursed if his portion is lost, b as he holds /b that b brothers who divided /b property received as an inheritance b are /b considered as b purchasers /b from each other. b And /b each one is considered b like a purchaser /b who bought his portion b without a guarantee /b that if the field is seized in payment of a debt, the seller will compensate the buyer for his loss. Accordingly, the brother whose portion of the estate was seized by the creditor has no claim against the brother whose portion remained untouched., b Rav Asi is uncertain whether /b brothers who divided property received as an inheritance b are /b still considered to be b heirs or are /b considered to be like b purchasers /b who bought their property with a guarantee of compensation should the property be repossessed. b Therefore, /b the brother whose portion was seized by the creditor is entitled to half the remaining inheritance, and b he takes one-quarter in land /b like an heir b and one-quarter /b he receives b in money, /b like a purchaser with a guarantee, who is compensated with money for his loss., b Rav Pappa says: The i halakha /i in all /b the cases dealt with in b these statements /b recording disagreements between Rav and Shmuel is that the brothers must each b take off a share /b from their portion in accordance with the opinion of Shmuel. Rather, any brother currently in possession of his portion must give part of it to his brother who lacks a portion, so that in the end they have equal shares. b Ameimar says: /b The i halakha /i in all of these cases is that b the /b original b division /b of the property b is void, /b in accordance with the opinion of Rav. The Gemara concludes: b The i halakha /i is /b in fact that b the /b original b division /b of the property b is void, /b in accordance with the opinion of Rav.,§ b The Sages taught /b in a i baraita /i ( i Tosefta /i , i Ketubot /i 11:2): In a case of b three /b experts b who went down to assess /b a certain property in order to determine the amount to be collected from it for repayment of a debt, and b one says /b it is worth b one hundred dinars, and /b the other b two say /b it is worth b two hundred, /b or b one says /b it is worth b two hundred /b dinars b and /b the other b two say /b it is worth b one hundred, /b the assessment of b the single /b expert b is nullified, since /b his is b the minority /b opinion, and the assessment of the two others is accepted.,If b one says /b the property is worth b one hundred dinars, and another says /b it is worth b twenty /b i sela /i , which is equivalent to eighty dinars, since four dinars equal a i sela /i , b and /b yet b another says /b it is worth b thirty /b i sela /i , which is equivalent to one hundred and twenty dinars, b it is assessed at one hundred dinars, /b which is the average of the assessments, as it is equivalent to twenty-five i sela /i . b Rabbi Eliezer, son of Rabbi Tzadok, says: It is assessed at ninety /b dinars, as will be explained below. b i Aḥerim /i say: An appraisal /b is b performed /b of the sum b between /b the two most extreme assessments b and /b then b divided by three. /b This sum is then added to the lowest assessment.,The Gemara clarifies the various opinions: b The one who says /b that the property b is assessed at one hundred dinars /b holds that b the middle /b of the two extreme assessments is followed. b Rabbi Eliezer, son of Rabbi Tzadok, says /b that b it is assessed at ninety /b dinars because b he holds that this land /b |
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| 22. Dead Sea Scrolls, 4Qrule, 1.12 Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 160 |
| 23. Babylonian Talmud, ʿArakin, None Tagged with subjects: •nan Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 154, 155, 156, 157 |
| 25. Babylonian Talmud, MeʿIlah, None Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 158 |
| 27. Mishnah, ʿArakin, 6.1-6.2, 8.2-8.3 Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 154, 155, 156, 157, 159 |
| 28. Mishnah, MeʿIlah, 3.6 Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 158, 229 |
| 29. Dead Sea Scrolls, 4Qdamascus, None Tagged with subjects: •nan Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160 |
| 30. Mishnah, KilʾAyim, 7.6 Tagged with subjects: •consecration, to block access to a property by a claimant Found in books: Gordon (2020), Land and Temple: Field Sacralization and the Agrarian Priesthood of Second Temple Judaism, 154 |
