Mishnah Arakhin
משנה ערכין
Mishnah Yomit by Dr. Joshua Kulp
http://learn.conservativeyeshiva.org/mishnah/

Mishnah Arakhin



Chapter 1

All [persons] are fit to evaluate or to be made the subjects of evaluation, are fit to vow [another's worth] or have their worth vowed: priests, Levites and [ordinary] Israelites, women and slaves. The tumtum and the hermaphrodite are fit to vow [another's worth], or to have their worth vowed, and are fit to evaluate, but they are not fit to be made the subjects of evaluation, for the subject of evaluation must be definitely either male or female. A deaf-mute, an imbecile, or a minor are fit to have their worth vowed or be made the subject of evaluation, but they are not fit to make either a vow [of another's worth] or to evaluate, because they have no intelligence. A person less than one month old may have his worth vowed but not his valuation.
A non-Jew: Rabbi Meir says: he can be evaluated but he cannot evaluate. Rabbi Judah says: he can evaluate but cannot be evaluated. Both agree that he can vow another's worth and have his worth vowed by others.
One at the point of death or about to be put to death cannot have his worth vowed, nor be evaluated. Rabbi Hanina ben Akavia says: he can be evaluated because his value is fixed, but his worth cannot be vowed because his worth is not fixed. Rabbi Yose says: he may vow, evaluate, and consecrate [to the sanctuary], and if he caused damage, he is obliged to make restitution.
If a woman is about to be executed, they do not wait for her until she gives birth. But if she had already sat on the birthstool, they wait for her until she gives birth. If a woman has been put to death one may use her hair. If an animal has been put to death it is forbidden to make any use of it.

Chapter 2

There is no evaluation less than one sela, nor more than fifty selas. How so? If one paid a sela and became rich, he need not give any [more]. But if he gave less than a sela and became rich, he must pay fifty selas. If he had five selas in his possession: Rabbi Meir says: he need not give more than one; The sages say he must give them all. There is no evaluation less than one sela, nor more than fifty selas. If a woman makes a mistake in her reckoning there is no re-opening for her [of the niddah count] earlier than seven, nor later than after seventeen days. No signs of leprosy are shut up for less than one week and none more than three weeks.
There are never less than four full months in the year, nor did it seem right to have more than eight. Two loaves were eaten, never earlier than the second day, nor later than the third day. The shewbread was eaten never earlier than the ninth day, nor later than the eleventh day. An infant may never be circumcised earlier than the eighth nor later than the twelfth day.
There are never less than twenty-one blasts in the Temple and never more than forty-eight. There are never less than two harps, nor more than six. There are never less than two flutes, nor more than twelve. On twelve days in the year the flute was played before the altar: At the slaughtering of the first pesah, At the killing of the second pesah, On the first festival day of Pesah, On the festival day of Atzeret (Shavuot), And on the eight days of Sukkot. And they did not play on a pipe [abuv] of bronze but on a pipe of reed, because its tune is sweeter. Nor was anything but a single pipe used for closing a tune, because it makes a pleasant finale.
They were slaves of the priests, the words of Rabbi Meir. Rabbi Yose said: they were of families from Bet Hapegarim, Bet-Zipparya and from Emmaus, places from which priests would marry [women]. Rabbi Hanina ben Antigonos said: they were Levites.
There were never less than six inspected lambs in the chamber of lambs, enough for Shabbat and the [two] festival days of Rosh Hashanah, and their number could be increased infinitely. There were never less than two trumpets and their number could be increased infinitely. There were never less than nine lyres, and their number could be increased infinitely. But there was only one cymbal.
There were never less than twelve levites standing on the platform and their number could be increased into infinity. No minor could enter the court of the sanctuary to take part in the service except when the Levites stood up to sing. Nor did they join in the singing with harp and lyre, but with the mouth alone, to add flavor to the music. Rabbi Eliezer ben Jacob said: they did not count in the required number, nor did they stand on the platform. Rather they would stand on the ground, so that their heads were between the feet of the levites. And they were called the youth of the Levites.

Chapter 3

The law of evaluation is sometimes lenient, and at others times strict. The law of the field of possession is sometimes lenient, and at others times strict. The law concerning a warned ox that has killed a slave is sometimes lenient, and at others times strict. The law of the rapist and the seducer and the defamer is sometimes lenient, and at others times strict. The law of evaluation is sometimes lenient, and at others times strict. How so? Whether one has evaluated the fairest in Israel, or the ugliest in Israel, he must pay fifty selas. But if he said: “Behold, his monetary worth is upon me,” he pays only as much as he is worth.
“The law of the field of possession is sometimes lenient and sometimes strict.”How so? Whether one dedicates a field in the sandy plain of Mahoz or in the orchards of Savaste, [if he would redeem it] he must pay fifty shekels of silver for [every part of the field sufficient for] the sowing of a homer of barley. But if it was a field which he bought, he must pay what it is worth. Rabbi Eliezer says: it is all the same whether it is a field of possession or one that he bought. What is the difference between the field of possession and one that he bought? A field of possession he must pay the [added] fifth, whereas for a field that he has bought he need not pay the added fifth.
“The law concerning a warned ox that has killed a slave is sometimes lenient and sometimes strict.”How so? Whether it killed the fine looking slave or an ugly slave, he must pay thirty selas. If it killed a free man he must pay what he is worth. If it wounded, whether this one or the other, he must pay the full damage.
“The law of the rapist and seducer is sometimes lenient and sometimes strict.”How so? Whether he raped or seduced a girl from among the best of the priestly stock or the humblest in Israel, he must pay fifty selas. But compensation for shaming and for blemish is in accord with the [circumstances] of him who shames and of the one who suffers the shame.
The law of the defamer is sometimes lenient and sometimes strict.How so? Whether he defamed a girl from among the best of the priestly stock or the humblest in Israel, he must pay one hundred selas. Thus it turns out that he who speaks with his mouth suffers more than he that commits an act. For thus we have also found that the judgment against our fathers in the wilderness was sealed only because of their evil tongue, as it is written: “Yet you have tested me these ten times, and you have not listened to My voice” (Numbers 14:22).

Chapter 4

The sufficiency of means is according to the ability of the vower. And the age is according to the subject of the vow. The evaluation is according to the subject of the evaluation. And the evaluations [shall be paid according to the rate prescribed] at the time of the evaluation. The sufficiency of means is according to the ability of the vower. How so? If a poor man evaluated a rich man, he pays only the valuation of a poor man. But if a rich man evaluated a poor man, he must pay the valuation of a rich man.
But it is not so with sacrifices. If he said: “I take upon myself the sacrifices of this metzora,” and the metzora was poor, he brings the sacrifices of a poor metzora. But if the metzora was rich, he must bring the sacrifices of a rich man. Rabbi says: I say the same applies with regard to an evaluation. Why is a poor man who evaluated a rich man obliged to pay only the evaluation of a poor man? Because the rich man is not obligated at all. But if the rich man said: “My value is upon me” and the poor man, hearing that, said: “What this man has said, I take upon myself,” then he must pay the evaluation of a rich man. If he was poor and then became rich, or rich and then became poor, he must pay the evaluation of a rich man. Rabbi Judah says: even if he was poor and became rich and then again became poor he must pay the evaluation of a rich man.
But it is not so with sacrifices. Even if his father was dying [when a man vowed] and left him ten thousand, or if he had a ship on the sea and it brought to him ten thousand, the sanctuary has no claim at all on them.
“And the age is according to the subject of the vow:” How so? If a child evaluates an old man, he must pay the value of an old man. And if an old man evaluates a child he must pay the value of a child. The evaluation is according to the subject of the evaluation. How so? If a man evaluated a woman, he must pay the value of a woman. And if a woman evaluated a man, she must pay the value of a man. “And the evaluations [shall be paid according to the rate prescribed] at the time of the evaluation.” How so? If he evaluated one who was less than five years of age, and he became [meantime] older than five years of age, or if [he evaluated one] who was less than twenty years of age and he became twenty years old, he must pay [only] in accord with the age at the time of the valuation. The thirtieth day is considered to be under this age. The fifth year or twentieth year is considered to be under this age. For it says: “And if he is from sixty years old and upward” (Leviticus 27:7), thus we can learn thus with regard to all others from what is said about sixty years: just as the sixtieth year is considered to be under this age, so also the fifth and twentieth years are under this age. Is that so! Just because [the Torah] accounts the sixtieth year to be under this age, thereby being more stringent, shall we make the fifth or the twentieth year be considered under this age, in order to be lenient? Scripture says, “Years,” “years” as a gezerah shavah: just as with the sixtieth year the word “years” means that it is considered under this age, so the word “years” with the fifth and with the twentieth year are considered under this age, whether this results in being lenient or being stringent. Rabbi Elazar says: [this rule holds good] until they are a month and a day beyond the year.

Chapter 5

One who said: “I vow my weight,” he must pay his weight, in silver [if he had said in] silver, or in gold [if he had said in] gold. It happened with the mother of Yirmatia, who said, “I vow my daughter's weight.” She went up to Jerusalem and weighed her and then paid her weight in gold. [If a man said: “I vow] the weight of my hand,” Rabbi Judah says: let him fill a barrel with water and put it [his hand] in up to the elbow. Then let him weigh the flesh, bones and sinews of a donkey and put it into the barrel until it is filled up again. Rabbi Yose said: “But how is it possible to account exactly one kind of flesh against another kind of flesh, and one kind of bones against another kind of bones? Rather: one estimates what the hand is likely to weigh.
[If one said] “The worth of my hand is upon me,” they estimate his worth with his hand and [what it would be] without his hand. In this respect vows of worth are more stringent than vows of value. There is an aspect of vows of value that is more stringent than vows of worth. How so? If one said: “My value is upon me” and then he dies, his heirs must pay it. [But if he said:] “My worth is upon me,” and then he dies, his heirs need not pay anything because dead persons have no worth. [If he said,] “The value of my hand or foot is upon me,” he has said nothing, [But if he said,] “The value of my head is upon me,” he must pay his whole value. This is the general rule: Anything upon which his life depends, he must pay his full value.
[If one said:] “Half my value is upon me,” he must pay half his evaluation. [But if he said,] “The value of one half of me he is upon me,” he must pay his full value. [If he said] “Half of my worth is upon me,” he must pay half his worth. [If he said,] “The worth of half of me is upon me,” he must pay his whole worth. This is the general rule: Anything on which his life depends, he must pay his whole worth.
If he said: “The value of so-and-so is upon me,” if both the vower and the subject of the vow died, then the heirs must pay it. [If he said,] “The worth of so-and-so is upon me,” and the vower died, the heirs must pay it. But if the subject of the vow died, the heirs need not pay anything because dead persons have no worth.
[If someone said:] “This ox shall be an olah [a whole burnt offering],” or “This house shall be an olah,” and the ox died or the house fell down, he is not obligated to pay. [But if he said:] “This ox is upon me as an olah” or “this house is upon me as an olah” and the ox died, or the house fell down, he is obligated to pay [their worth].
With regard to those who made a vow of value: they take a pledge from them. With regard to those obligated to bring a hatat or asham: they do not take a pledge. With regard to those obligated to bring an olah or a shelamim: they do take a pledge. And even though he is not atoned for unless he is willing [to pay his obligation], as it is said: “willingly” (Leviticus 1:3), they coerce him until he says: I agree. The same is true in the case of divorce documents: they coerce him until he says: I agree.

Chapter 6

[The property] of orphans which has been evaluated [must be proclaimed for] thirty days. And [the property of] the Sanctuary which has been evaluated, [for] sixty days. They must make the proclamation in the morning and in the evening. If a man dedicates his property to the Sanctuary and he is still liable for his wife’s ketubah: Rabbi Eliezer says: when he divorces her he must vow that he will not derive any further benefit from her. Rabbi Joshua says: he need not do so. Similarly, Rabban Shimon ben Gamaliel said: Also if one guarantees a woman's ketubah and her husband divorces her, the husband must vow to derive no benefit from her, lest he make a conspiracy against the property of that man [the guarantor] and take his wife back again.
A man who dedicates his possessions to the sanctuary while he is still liable for his wife's kethubah or in debt to a creditor, the wife cannot collect her ketubah from the consecrated property nor the creditor his debt. Rather he who redeems them must redeem for the purpose of paying the wife her ketubah or the creditor his debt. If he had dedicated ninety maneh, worth of property, and he owed one hundred maneh, then he [the creditor] must add one dinar more and he redeems the property for the purpose of paying the ketubah to the wife or the debt to the creditor.
Even though they said: they take pledges from those who owe vows of value, they allow him food for thirty days, clothing for twelve months, bed and bedding, shoes and tefillin. For himself, but not for his wife and children. If he was a craftsman, they leave him two tools of every kind. If he was a carpenter, they leave him two axes and two saws. Rabbi Eliezer says: if he was a farmer, they leave him his yoke [of oxen]. If a donkey driver, they leave him his donkey.
If he had many [tools] of one kind, and few of another kind, they may not say to him to sell the many and buy some of the few, but one leaves him two of the kind of which he has many and all that he has from those of which he has few. One who consecrates [all] his possessions to the Sanctuary, they count his tefillin in the evaluation.
Whether one consecrates his property or evaluates himself, it [the Sanctuary] has no claim to his wife's garment or his children's garment or to the dyed clothes which he had dyed for their use or to the new sandals which he has bought for their use. Although they said: “Slaves are sold with their garments to increase their value,” because when a garment for thirty denars is bought for him his value is increased by a maneh. And likewise with a cow, if it is kept waiting to the market-day it increases in value, and similarly a pearl, if brought to a big city increases in value. Nevertheless, the Sanctuary can only claim the value of anything in its own place and at its own time.

Chapter 7

One may not consecrate [a field of his possession] less than two years before the Jubilee, nor redeem it less than one year after the Jubilee. One does not reckon months to [the disadvantage of] the Sanctuary, but the Sanctuary does reckon months [to its own advantage]. If a man consecrated his field at a time when the law of the Jubilee is in force, he must pay fifty shekels for [every piece of field sufficient for] the sowing of a homer of barley. If the field contained ravines ten handbreadths deep or rocks ten handbreadths high, they are not included as part of the field. But if less than this, they are included. If he consecrated it two or three years before the Jubilee, he must pay one sela [shekel] and one pondion for each year. If he says: “I shall pay for each year as it comes,” they do not listen to him, rather he must pay for all the years together.
It is all the same whether the owner or anyone else [redeems the field]. What is the difference between the owner and any other man? The owner must add one fifth, whereas any other man need not add one fifth.
If a man consecrated [his field] and then redeemed it, it does not go out of his possession in the Jubilee. If his son redeemed it, it reverts to his father in the Jubilee. If another person, or a relative redeemed it, and he redeemed it from his hand, it goes out [to the priests]. If one of the priests redeemed it, and it was still in his possession, he cannot say: “Since it goes out to the priests in the Jubilee, and since it is now in my possession, therefore it belongs to me.” Rather, it goes out of his possession to all his fellow priests.
If the Jubilee arrived and it was not yet redeemed then the priests enter into possession of the land and they pay its value, the words of Rabbi Judah. Rabbi Shimon says: they enter [into possession] but they do not pay [its value]. Rabbi Eliezer says: they neither enter [into possession] nor pay [its value]. But it is called an abandoned field until the second Jubilee. If the second jubilee has arrived and it was not yet redeemed, it is called a ‘twice abandoned field’ until the third Jubilee. The priests never enter into possession of the field until someone else had redeemed it.
If one bought a field from his father, and his father died and afterwards he consecrated it, it is considered a field of possession. If he consecrated it and afterwards his father died, then it is considered a field acquired by purchase, the words of Rabbi Meir. Rabbi Judah and Rabbi Shimon say: it is considered a field of possession, as it is said: “And if a field which he has, which is not a field of his possession” (Leviticus 27:22) a field which is not capable of becoming a field of his possession, thus excluding a field which is capable of becoming a field of possession. A field acquired by purchase does not go out to the priests in the year of the Jubilee, for no man can consecrate an object not belonging to him. Priests and Levites may consecrate [their fields] at any time and redeem at any time, both before and after the jubilee.

Chapter 8

If one consecrated his field at a time when the [law of the] Jubilee was no longer observed, they say to him: “You open [the bidding]!” because the owner must pay an added fifth, whereas others do not pay an additional fifth. It happened that one consecrated his field because it was bad. They said to him: “You open the bidding.” He said: “I will acquire it for an issar.” Rabbi Yose said: he did say that, but rather “for an egg,” because consecrated objects may be redeemed by either money or money's equivalent. He [the Temple treasurer] said to him: It’s yours. It turns out he lost an issar and the field was his again.
If one said: I will acquire it for ten selas, and another, [for] twenty, and another for thirty, and another for forty, and another for fifty, If he [that bid] fifty reneged, they take pledges from his property up to ten selas. If he [that bid] forty reneged, they take pledges from his property up to ten selas. If he [that bid] thirty reneged, they take pledges from his property up to ten selas. If he that bid twenty reneged they take pledges from his property up to ten selas. If he that bid ten reneged they sell [the field] for what it is worth, and collect what remains from him who bid ten. If the owner bid twenty and any other man bid twenty, then the owner comes first, because he must add one fifth.
If one said I will acquire it for twenty-one selas, then the owners must pay twenty-six. [If one said] Twenty-two, the owners must pay twenty-seven. Twenty-three, the owners must pay twenty-eight. Twenty-four, the owners must pay twenty-nine. Twenty-five, the owners must pay thirty, For they need not add one fifth to what the other bids more. If one said: I will acquire it for twenty-six, if the owners want to pay thirty-one and an extra denar, the owner comes first. And if not, we say to the other: It has become yours.
A man may proscribe [part] of his flock or of his herd, of his Canaanite slaves or female slaves or of his field of possession. But if he proscribed all of them, they are not considered [validly] proscribed, the words of Rabbi Eliezer. Rabbi Elazar ben Azaryah said: just as when it comes to the Highest One, one is not permitted to proscribe all of his possessions, how much more so should one be careful with his property.
If one proscribes his son or his daughter, or his Hebrew slave or female slave, or the field which he acquired by purchase, they are not considered [validly] proscribed, for one can proscribe something that does not belong to him. Priests and Levites cannot proscribe [their belongings], the words of Rabbi Judah. Rabbi Shimon says: the priests cannot proscribe, because things proscribed belong to them. But Levites can proscribe, because things proscribed do not belong to them. Rabbi says: the words of Rabbi Judah seem acceptable in cases of immovable property as it is said: “For that is their perpetual possession,” (Leviticus 25:34) and the words of Rabbi Shimon seem acceptable in cases of movable property, since things proscribed do not fall to them.
Things proscribed for [the use of] the priests cannot be redeemed but are to be given to the priests. Rabbi Judah ben Batera says: things proscribed without specification fall to [the fund for] Temple repairs, as it was said: “Every proscribed thing is most holy to the Lord” (Leviticus 27:25). But the sages say: things proscribed without specification go to the priests, as it is said: “As a field proscribed: its possession belongs to the priest” (Leviticus 27:21). If so, why is it said: “Every proscribed thing is most holy to the Lord”? This teaches that it applies to most holy and less holy things.
A man may proscribe his holy things, whether they are most holy things or less holy things. If [they had been] consecrated as a vow, he must give their value, if as a freewill-offering, he must give what it is worth to him. [If he said:] “Let this ox be an olah,” one estimates how much a man would pay for the ox to offer it as an olah, which he was not obliged [to offer]. A first-born, whether unblemished or blemished, may be proscribed. How can it be redeemed? They estimate what a man would give for this first-born in order to give it to the son of his daughter or to the son of his sister. Rabbi Ishmael says: one verse says, [All first-born males] you shall sanctify,” (Deuteronomy 15:19) and another verse says: [“The first-borns among beasts] no man shall sanctify it” (Leviticus 27:26). It is impossible to say: “You shall sanctify,” since it was said already: “No man shall sanctify,” and it is impossible to say: “No man shall sanctify,” since it is also said: “You shall sanctify”? Therefore resolve [thus]: you may sanctify it by consecrating its value [to the owner], but you may not sanctify it by consecrating it to the altar.

Chapter 9

If one sold his field [of possession] at the time when the Jubilee was in force, he may not redeem it for two years, as it says: “According to the number of the years of the crops he shall sell to you” (Leviticus 25:15). If there was a year of blight or mildew, or a seventh year, it is not included in the count. If he only broke the ground [without planting] or left it fallow [for a year], that year is included in the count. Rabbi Elazar says: if he sold it to him before Rosh Hashanah year, and it was still full of fruit, he enjoys three crops in two years.
If he sold it to the first for one hundred [denars] and the first sold it to the second for two hundred, then he need reckon only with the first, as it says, “With the man to whom he sold” (Leviticus 25:27). If he sold it to the first for two hundred, and the first sold it to the second for one hundred, then he need reckon only with the second, as it says: “With the man” (ibid) the man in possession of the field. One may not sell a distant field in order to redeem a near one, or a poor field in order to redeem a good one. One may not borrow [money] in order to redeem, nor redeem it in halves. But in the case of objects consecrated all these things are permitted. In this respect the laws concerning a person’s [property] are more stringent than those concerning sacred things.
If one sold a house among the houses of a walled city, he may redeem it at once and at any time during twelve months. This is a kind of interest, yet it is not interest. If the seller died, his son may redeem it. If the purchaser died, it may be redeemed from his son. One counts the year only from the time that he sold it, as it is said, “Before a full year has elapsed” (Leviticus 25:30). When it says a “a full” [year] the extra month is included. Rabbi says: he is allowed a year and its extra month.
If the [last] day of the twelve months has arrived and it was not redeemed, it becomes his permanent [possession]. This applies whether he bought it or received it as a gift, as it is said: “beyond reclaim” (Leviticus 25:30). In earlier times, he [the buyer] would hide on the last day of the twelve months, so that [the house] might become his permanent [possession]. Hillel enacted that he [the seller] could deposit his money in the chamber and break down the door and enter, and that the other [the buyer], whenever he wanted, might come and take his money.
Whatever is within the [city] wall is regarded as the houses in a walled city, with the exception of fields. Rabbi Meir says: even fields. A house built into the wall: Rabbi Judah says: it is not considered a house within a walled city. Rabbi Shimon says: its outer wall is regarded as its [city] wall.
A city whose roofs [look as if] they form its wall, Or that was not encompassed by a wall in the days of Joshua ben Nun, is not considered like houses in a walled city. [A house in any of] the following counts a house in a walled city: [those in a city] of no less than three courtyards, having two houses each, which have been encompassed by a wall in the days of Joshua ben Nun, such as the old acroplis of Tzippori, the fort of Gush-Halav, old Yodfat, Gamla, G'dod, Hadid, Ono, Jerusalem and other similar cities.
Houses in courtyards - we accord to them the advantages of houses in a walled city and the advantages given to fields: They can be redeemed at once, and at any time within the twelve months like houses [in a walled city], and they return [to the owners] in the Jubilee or [at an earlier time] by [payment of a] reduced price like fields. The following are considered houses in courtyards: [a city which has] two courtyards, each having two houses, even though they have been encompassed by a wall since the days of Joshua ben Nun, they count as houses in courtyards.
If an Israelite inherited from his mother's father who was a Levite, he cannot redeem it according to the order prescribed here. Also if a Levite inherited from his mother's father who was an Israelite, he cannot redeem it according to the order prescribed here, As it says, “As for the houses of the cities of the Levites” (Leviticus 25:32) [this order does not apply] unless he is a Levite and in the cities of the Levites, the words of Rabbi. The sages say: these things apply to the cities of the Levites. One may not turn a field into pasture land, nor pasture land into a field, nor pasture land into a city, nor a city into pasture land. Rabbi Eliezer said: When is this so? When it comes to the cities of the Levites, but when it comes to cities of Israelites one may turn a field into pasture land, pasture land into a field, pasture land into a city, but not a city into pasture land, in order that they should not destroy the cities of Israel. Priests and Levites may sell [a house] at any time and redeem it at any time, as it is said: “The Levites shall forever have the right of redemption” (Leviticus 25:32).