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Laws of Appraisals of People and their Value
Laws of Optional Restrictions
Sources
A
MISHNA:
If one vows: It is incumbent
upon me
to donate the
assessment of my forearm,
the court
appraises him
to determine
how much he is worth with a forearm and
how much he is worth
without a forearm,
and he pays the difference.
This is
a
halakha
that is more
stringent with regard to vows
of assessment
than with regard to valuations,
as one who says: It is incumbent upon me to donate the valuation of my forearm, is exempt from paying…
Arakhin 19b:13-20a:10
Rabbi Yishmael and Rabbi Akiva: From that which was taught
in a
baraita
:
One from whom
his creditors
were demanding repayment
of a debt
of a thousand
times
one hundred
dinar
[
maneh
] and he was wearing a cloak [
itztela
] worth one hundred
times
one hundred
dinar,
they strip him
of that cloak and sell it,
and dress him with a cloak worthy of him
based on his wealth.
It was taught in the name of Rabbi Yishmael, and it was taught in the name of Rabbi Akiva: All the Jewish people are worthy of that
more…
Shabbat 128a:10
MISHNA:
One who is moribund and one who is taken to be executed
after being sentenced by the court
is neither
the object of
a vow nor valuated. Rabbi Ḥanina ben Akavya says:
He is not the object of a vow, because he has no market value; but
he is valuated, due to
the fact
that one’s value is fixed
by the Torah based on age and sex.
Rabbi Yosei says:
One with that status
vows
to donate the assessment of another person to the Temple treasury,
and takes
vows of
valuation, and consecrates
his property…
Arakhin 6b:8
MISHNA:
Everyone takes
vows of
valuation
and is thereby obligated to donate to the Temple treasury the value fixed by the Torah (see Leviticus 27:3–7) for the age and sex of the person valuated.
And
similarly, everyone
is valuated,
and therefore one who vowed to donate his fixed value is obligated to pay. Likewise, everyone
vows
to donate to the Temple treasury the assessment of a person, based on his market value to be sold as a slave, and is thereby obligated to pay…
Arakhin 2a:1-5
Rabbi
Yehuda HaNasi
says: I say: Even with regard to valuations
it is
so.
He explains:
For what
reason
does a destitute person who valuated a wealthy person give
the
valuation
in accordance with the means
of a destitute person?
It is due to the fact
that the wealthy person is not obligated
to pay
anything,
as the debt was generated by the destitute person who vowed to donate the valuation of a wealthy individual.
But
in a case similar to that of the offerings of a leper…
Arakhin 17a:12-17b:6
The Gemara raises another difficulty:
But let
the mishna
derive
and determine that the leper is wealthy
due to
the fact that he owns
a ship.
The Gemara answers: In accordance with
whose
opinion
is this
statement in the mishna?
It is
in accordance with the opinion of
Rabbi Eliezer,
who maintains that with regard to determining one’s obligation to bring an offering as a wealthy or destitute individual, the property that he uses for business is not taken into account…
Arakhin 18a:8-13
The Gemara answers that it is
as the Sages taught
in a
baraita
: The verse states: “When a man shall clearly utter a vow of persons to the Lord,
according to your valuation”
(Leviticus 27:2). The term serves
to include an unspecified valuation,
as explained below.
Alternatively,
the verse teaches that
one gives the valuation of his entire
self
and not the valuation of
his
limbs.
If someone vows that he will give the valuation of a limb, he is not obligated to give anything…
Arakhin 4a:17-4b:7
MISHNA:
One cannot be charged for a valuation less than a
sela
, nor
can one be charged
more than fifty
sela
. How so?
If
one gave one
sela
and became wealthy,
he is
not
required to
give anything
more, as he has fulfilled his obligation. If he gave
less than a
sela
and became wealthy,
he is required to
give fifty
sela
,
as he has not fulfilled his obligation. If
there were five
sela
in
the
possession
of the destitute person…
Arakhin 7b:15-8a:2
MISHNA:
One who says:
It is incumbent
upon me
to donate
my weight, gives his weight
to the Temple treasury;
if
he specified
silver
he donates
silver, and if
he specified
gold
he donates
gold.
There was
an incident involving the mother of Yirmatya, who said:
It is incumbent
upon me
to donate the
weight of my daughter, and she ascended to Jerusalem and paid her
daughter’s
weight
in
gold
to the Temple treasury…
Arakhin 19a:4-11
Endowment valuations [
arechim
] are pledges included in the category of vows made to consecrate property, as [Leviticus] 27:2 states: "When a man will utter a vow, making an endowment evaluation concerning humans to God." Therefore [failure to fulfill them] makes one liable for the violation [of the prohibitions, Numbers 30:3:] "He shall not desecrate his word," and [Deuteronomy 23:22]: "Do not delay in paying it," and [the positive commandment, Numbers,
loc. cit.
]: "He shall act in accordance with all that he uttered with his mouth."…
Mishneh Torah, Appraisals and Devoted Property 1-3
MISHNA:
Although
the Sages
said
(21a): With regard to those
obligated
to pay
valuations,
the court
repossesses their
property to pay their debt to the Temple treasury; nevertheless, the treasurer
gives him
permission to keep
food
sufficient for
thirty days, and garments
sufficient for
twelve months,
and
a bed made
with linens,
and his sandals, and his phylacteries.
The treasurer leaves these items
for him, but
he does
not
leave items
for his wife or for his children.
…
Arakhin 23b:12-24a:9
If one vowed that it is incumbent upon him to donate
his width, what is
the
halakha
? Likewise, if one vowed to donate
his sitting, what is
the
halakha
? If he referred to
his thickness, what is
the
halakha
? Finally, if he spoke of
his girth, what is
the
halakha
? The Gemara states that these dilemmas
shall stand
unresolved. § The mishna teaches that there is a dispute between Rabbi Yehuda and Rabbi Yosei concerning one who says: It is incumbent
upon me
to donate the
weight of my forearm…
Arakhin 19b:1-4
§
A dilemma was raised before
the Sages:
What is
the
halakha
with regard to
making arrangements for the debtor
so that he will retain some of his possessions so that he may continue living as before, albeit at a slightly lower standard? The issue on which this is based is
whether or not
a verbal analogy is
derived from
the usage of the term
“poor”
written in the context of a debtor (Leviticus 25:35) and the term
“poor”
written in the context of
valuations
(Leviticus 27:8)…
Bava Metzia 114a:2-9
The Gemara
raises an objection
from a
baraita
: In the case of
a gentile who donated a
cross
beam
and brought it to a synagogue,
and
the
name
of God
is written on it, one examines him
to determine his intent.
If he says: I separated it with
the
intent
that it be like the donations of
Jews,
the name should be
cut off [
yagod
]
and interred,
and one uses the remainder
for a synagogue.
And if not,
the entire beam
requires interment…
Arakhin 6a:6-7
One who says:
It
is incumbent
upon me
to donate
gold
to the Temple treasury,
must
give
no less than a gold dinar.
One who says: It is incumbent upon me to donate
silver
to the Temple treasury,
must
give
no less than
the value of
a silver dinar.
One who says: It is incumbent upon me to donate
copper
to the Temple maintenance,
must
give
no less than
the value of
a silver
ma’a
.
One who says:
I specified
the amount of gold, silver, or copper,
but I do not know what I specified…
Menachot 106b:16-107a:8
§ The mishna teaches that just as the valuation of consecrated land is performed by nine judges and one priest, the valuation of
a person
for the purpose of a vow is performed
in a similar manner.
The Gemara asks:
Can a person be consecrated?
It is not possible to consecrate a person, and therefore it is unclear what sort of valuation would be necessary.
Rabbi Abbahu says:
The mishna is referring to one
who says: My monetary value
is incumbent
upon me
to donate to the Temple treasury…
Sanhedrin 15a:8
MISHNA:
A child
less than one month old is
the object of
a vow
if others vowed to donate his assessment,
but is not valuated
if one vowed to donate his fixed value, as the Torah did not establish a value for anyone less than a month old.
GEMARA:
The Sages taught
in a
baraita
: With regard to a case of
one who takes
a vow of
valuation
concerning a child
less than one month old, Rabbi Meir says:
The person who valuated is obligated to
give
the child’s
assessment…
Arakhin 5a:16-5b:17
Rav Pappa said: What
of the statement
that is taught there,
in the
baraita
, that it is only if
he had intercourse
with her that he is
flogged?
It is referring to the
money
of the fine. The Gemara asks:
And
does one
call monetary
payment
flogging?
The Gemara answers:
Yes, and we learned
in a
baraita
:
One who says: Half my valuation is upon me, he gives half his valuation,
in accordance with the sum fixed by the Torah according to sex and age (see Leviticus 27:2–3)…
Ketubot 46a:1-2
MISHNA:
There are
halakhot
with regard to valuations that are lenient and
others
that are stringent; and
there are
halakhot
with regard to an ancestral field that are lenient and
others
that are stringent; and
there are
halakhot
with regard to a forewarned ox that killed
a Canaanite
slave that are lenient and
others
that are stringent;
and there are
halakhot
with regard to a rapist, and a seducer, and a defamer that are lenient and
others
that are stringent.
…
Arakhin 13b:17-18
The Gemara asks with regard to the following verse:
“Anything dedicated [
ḥerem
], that may be dedicated of men, shall not be redeemed;
he shall surely be put to death” (Leviticus 27:29), which is interpreted here as: Anyone sentenced to be executed shall not be redeemed; this appears to teach the same
halakha
as above, so
why do I need
it? The Gemara explains:
It is necessary
to teach
that which is taught
in a
baraita
:
From where
is it derived
with regard to
one
taken to be executed…
Ketubot 37b:9
Laws of Optional Restrictions
דיני הימנעות רצונית
Types of Oaths and their Specifications
Oaths of Speech and Vain Oaths
Laws of Release from an Oath
Laws of Oaths over Deposits
Laws of Oaths over Testimony
Laws of Oaths in Court
Severity of Oaths and Carefulness about It
Laws of Vows and their Release
Vowing about Eating and Benefit
Intention and Interpretation of Vows
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