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Thursday, December 6, 2007

Legal Example

Legal Example.

B. B. i. 6 (the Talmud on this section is contained in 7b-11a):

(a) "One who is part owner of a courtyard is obliged to contribute to the cost of the gateway as well as of the door itself"; -the citation of a legend concerning Elijah to prove that a gateway is not necessarily a subject for praise, concluded by a casuistic definition of the case presupposed by the Mishnah.

(b) According to R. Simeon b. Gamaliel, "Every courtyard is not adapted to a gateway"; a baraita containing the complete version of this saying.

(c) According to R. Simeon b. Gamaliel, "One who dwells in a city is obliged to contribute toward the building of the walls and the doors," etc.; a baraita containing the complete version ofthis saying. Johanan's answer to the query advanced by Eleazar concerning the method of levying contributions, followed by a second version of the same account. The patriarch Judah II. and the scholars contributed toward building the wall, although the legality of this action was questioned by Simeon b. LaKish on the basis of a haggadic deduction from Ps. cxxxix. 18, while Johanan proposed another verse, Cant. viii, 10, to aid in the solution of the problem (8a); Rabbah's interpretation of this passage of Canticles. An instance of contributions on the part of the scholars of Babylonia, and the proof of their illegality furnished by the exegesis of three Biblical passages, taken respectively from the Pentateuch, the Prophets, and the Hagiographa. Pappa's proof that a certain tax was imposed on orphans, and a discussion of it, followed by a tannaitic account (half Aramaic) by Judah I. of the support of scholars during a time of famine.

(d) "How long must one dwell in a city to have equal rights with its citizens? Twelve months"; a conflicting baraita which speaks of thirty days; Rabbah's solution of this contradiction, while Johanan reconciles the discrepancy between the period of twelve months and that given in another baraita. The saying of Johanan as to the liability of scholars to taxation, and various statements regarding the practise of the Babylonian sages. The way in which Joseph (4th cent.) expended a sum of money sent him by the mother of King Sapor, together (8b) with an interpretation of Jer. xv. 2. Baraita on the mode of levying taxes for the poor, and the right of assessment of municipal taxes. The rule of the Mishnah (SheK. v. 2) that the smallest number of persons who may be entrusted with raising taxes is two, and its Biblical basis according to Nahman b. Jacob, together with sayings and examples bearing on this matter. An interpretation of Dan. xii. 3 as referring to the collectors and trustees of the tax for the poor, followed by two baraitot on these collectors and Abaye's statements regarding the practise of Rabbah b. Nahmani, as well as (9a) by a note of Ashi and an opinion of Rabbah. Baraita on the auditing of the accounts of the trustees of the tax for the poor, and elucidations of it. Notes and anecdotes illustrating Mishnah Pe'ah viii. 7 (on the amount to be given to the poor), followed by haggadic passages on the importance of almsgiving, among these aphorisms being one cited by Rabbah as transmitted to Eleazar by a certain 'Ulla with a curious surname, which forms the basis of an anecdote. Further haggadic passages on the charity of Eleazar, Isaac, and others. A baraita giving R. Meïr's answer (10a) to the question why God Himself does not nurture the poor, followed by an account of the conversation on this subject between R. Akiba and Tineius Rufus. Sermon by Judah b. Shalom (Palestinian amora of the 4th cent.) on Jer. lvii. 17, and anecdotes from the lives of Johanan b. Zakkai and Pappa. Haggadic sayings by tannaim and amoraim on alms. The vision of Joseph b. Joshua b. Levi (10b) of the future life, together with baraitot on the interpretation of Prov. xiv. 34 by Johanan b. Zakkai and his scholars as well as by Gamaliel II. and the other sages of Jabneh. The charity of the mother of Sapor, and two baraitot: one (11a) the story of the beneficence of Benjamin ha-zaddiK; the other an account of the generosity of King Monobaz.

(e) "If one obtains a dwelling-place in the city, he immediately receives equal rights with the citizens"; an opposing view by Simeon b. Gamaliel transmitted in two versions.

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