1)

SELLING TOOLS IN SHEVIIS (Yerushalmi Sheviis Perek 5 Halachah 3 Daf 14b)

îùðä àìå ëìéí ùàéï äàåîï øùàé ìîëøï áùáéòéú îçøéùä åëì ëìéä äòåì åäîæøä åäã÷ø [ãó ìè òîåã á (òåæ åäãø)] àáì îåëø äåà îâì éã åîâì ÷öéø åòâìä åëì ëìéä

(a)

(Mishnah): The following tools may not be sold in Sheviis (to someone who is suspected of not keeping the laws of Sheviis) - a plow and all of its accessories; a yoke, a winnowing fork and a pick-axe. But he may sell him a hand-sickle, a scythe and a cart with all of its accessories.

æä äëìì ëì ùîìàëúå îéåçãú ìòáåãúå àñåø ìàéñåø åìäéúø îåúø

(b)

The general rule is - Any tools used only for forbidden work may not be sold. If used for forbidden and permitted work, they may be sold.

äéåöø îåëø çîù ëãé ùîï åçîù òùøä ëãé ééï ùëï ãøëå ìäáéà îï ääô÷ø àí äáéà éåúø îëàï îåúø

(c)

A potter may sell (to someone suspected in Sheviis) 5 oil jugs and 15 wine jugs, as it is normal to bring that quantity from Hefker. If the buyer brought more than that, it is permitted (to sell him more jugs).

åîåëø ìòëå''í áàøõ åìéùøàì áçå''ì

(d)

And he may sell to a gentile in Eretz Yisrael and to a Jew in Chutz LaAretz.

áù''à ìà éîëåø ìå ôøä çåøùú áùáéòéú åáéú äìì îúéøéï îôðé ùéëåì ìùåçèä

(e)

Beis Shammai say that in Sheviis, one may not sell such a person a cow that can plow. Beis Hillel permit it, since the buyer could slaughter it.

åîåëø ìå ôéøåú àôéìå áùòú äæøò åîùàéì ìå ñàúå àò''ô ùäåà éåãò ùéù ìå âåøï

(f)

He may sell him grains even in planting season and he may lend him a Se'ah measure, even if it's known that he has a threshing floor.

åôåøè ìå îòåú àò''ô ùäåà éåãò ùéù ìå ôåòìéï åëåìï áôéøåù àñåøä:

(g)

He may give him small change even if he knows that he has workers (who are working the land unlawfully). However, in all of these cases, if the recipient actually specified his unlawful intentions, it is prohibited.

âîøà àéìå ëìéí ëå'. àîø øáé éåðä ëéðé îúðéúà àéìå ëìéí ùàéï äàåîï øùàé ìîåëøï áùáéòéú ìçùåã òì äùáéòéú

(h)

(Gemara): (The Mishnah taught that) 'the following tools (may not be sold in Sheviis'). R. Yona said that the Mishnah means that the following tools may not be sold by an artisan to people suspected of not keeping the laws of Sheviis.

ñúîï îäå

(i)

Question: May they sell them to a person who is unknown to them?

åîîä ãúðé ìàéñåø åìäéúø îåúø äãà àîøä ñúîï îåúø:

(j)

Answer: From the fact that the Mishnah taught that a vessel that is used for forbidden and permitted work may be sold, this shows that they may sell them to a person who is unknown to them.

äéåöø îåëø ëå' [ãó èå òîåã à] åçù ìåîø ùîà äçìéó

(k)

Question: The Mishnah taught that a potter may sell (5 oil jugs and 15 wine jugs). Shouldn't there be a concern that the buyer might switch (the use of the 15 jugs and put oil in them)?

àîø øáé éåðä ðéëøéú äï àìå ùì ééï åàìå ùì ùîï:

(l)

Answer (R. Yona): Each type of jug has its own particular shape.

àîø øáé òåìà àãøà ãàéìï çëéîà åàãøà ãàéìéï çëéîà

(m)

Answer #2 (R. Ulla): The leather used for each type of jug is visibly different.

[ãó î òîåã à (òåæ åäãø)] îåëø ìòëå''í áàøõ åàôéìå éåúø îëàï

(n)

The Mishnah taught that he may sell (jugs of oil and wine) to a gentile in Eretz Yisrael - even more than those quantities (of 5 and 15).

åìéùøàì áç''ì àôé' îï ä÷ðåé áàøõ

(o)

'And (he may sell) to a Jew in Chutz LaAretz' - even jugs that were bought in Eretz Yisrael.

2)

SELLING AN ANIMAL TO PLOW (Yerushalmi Sheviis Perek 5 Halachah 3 Daf 15a)

á''ù àåîøéí ëå'. úðé äîåëø ùåø ìçáéøå åðîöà ðâçï øá àîø î÷ç èòåú äåà åùîåàì àîø éëåì äåà îéîéø ìùçéèä îëøúéå ìê

(a)

(The Mishnah taught that Beis Shammai say (that in Sheviis, one may not sell such a person a cow that can plow. Beis Hillel permit it, since the buyer could slaughter it.)) One who sells an ox to his friend and it is found to habitually gore (rendering it unable to use for plowing) - Rav said that the sale is annulled; Shmuel said that the seller can say that he sold it to him to slaughter.

îä àðï ÷ééîéï àí áùîëøå ìàøéñ ã''ä ìçøéùä îëø àí áùîëøå ìèáç ã''ä ìùçéèä îëø àìà ëé ðï ÷ééîéï áùîëøå ìñéøñåø øá àîø î÷ç èòåú äåà ùîåàì àîø éëåì äåà îéîø ìùçéèä îëøúéå ìê

(b)

What's the case? If he sold it to a sharecropper, all agree that he sold it for plowing; if he sold it to a slaughterer, all agree that he sold it for slaughtering. Rather, he must have sold it to a middleman - Rav said that the sale is annulled; Shmuel said that the seller can say that he sold it to him to slaughter.

îçìôà ùéèúéä ãøá îçìôà ùéèúéä ãùîåàì ãàéúôìâåï îëøä ìå áéåáì òöîå øá àîø ÷ðä åéåöà îéãå áéåáì ùîåàì àîø ìà ÷ðä

(c)

Question: We find a case where the opinions of Rav and Shmuel are switched around - (The Torah states that any ancestral land that was sold before Yovel returns to the original owner in Yovel) If he sold it in the Yovel year - Rav said that the sale is valid but it immediately returns to the seller (and the buyer loses his money). Shmuel said that the sale is invalid (and the money must be returned).

îçìôà ùéèúéä ãøá úîï àîø ÷ðä åëà äåà àîø ìà ÷ðä úîï áéåáì îôåøñí äåà áøí äëà î÷ç èòåú äåà

(d)

Explanation: Rav's opinion has switched - there (Yovel) he said that the sale is valid and here (ox) he said that it is not valid. There, Yovel is well known; here it is invalid (as most people buy oxen for plowing).

îçìôà ùéèúé' ãùîåàì úîï äåà àîø ìà ÷ðä åëà äåà àîø ÷ðä ìàéæä ãáø îëøä ìå ìà ìæøéòä áøí äëà éëåì äåà îéîø ìéä ìùçéèä îëøúéå ìê

1.

Shmuel's opinion has switched, because there (Yovel) he said that the sale is invalid and here (ox) he said that it is valid. There, why did he sell the land to him? Wasn't it for planting? (And since the buyer cannot plant there, the sale is invalid.) Here, the seller could say that he sold him the ox to slaughter.

øá ëá''ù åùîåàì ëá''ä øá ëá''ù åùîåàì ëá''ä

(e)

Question: Rav (in the ox case) seems to be following Beis Shammai (in our Mishnah who prohibited selling a cow to plow) and Shmuel seems to be following Beis Hillel (who permit it)?

øá ëá''ù åàôé' éñáåø ëá''ä ìéú àåøçà îùàú' úìúéï éåîéï [ãó î òîåã á (òåæ åäãø)] åéúéï úìúìúé éåîé ìà î÷ç èòåú åùîåàì ëá''ä åàôé' éñáåø ëá''ù ìéú àåøçà ãáø ðùà îéëåñ úåøà øãééà

(f)

Answer: Rav could even follow Beis Hillel - doesn't a person who buys for slaughtering keep it for 30 days first; and since he won't be able to do this (because of its nature), it's an invalid sale. Shmuel could even follow Beis Shammai (who prohibited in Sheviis to sell a cow for plowing) - it's prohibited there since a person doesn't slaughter an ox that is intended to plow (but in the case of discovering that the ox habitually gores, the seller could claim that he sold it for slaughtering).

ø' àçà øáé úðçåí áø çééà áùí ø' éåçðï äùàéì ìå ñàúå åáà åîöàå îåãã áä àéðå æ÷å÷ ìå ë''ù áîùëéøä ìå:

(g)

(R. Acha/ R. Tanchum bar Chiya citing R. Yochanan): (The Mishnah taught (above 1(f)) that he may lend him a Se'ah measure, even if it's known that he has a threshing floor.) If he lent him his Se'ah measure and then came and discovered him measuring (produce for his storeroom - which is prohibited in Sheviis), he does not need to take back the measure. And this is certainly the case if he hired it out to him.