Mishnah Bava Mezia 1:2-4: Property Disputes

 

The following selections illustrate civil law as included in the Mishnah. Oaths were an important tool for guaranteeing ownership in Jewish law.

1-2 Two men were riding on an animal or one was riding the animal and one was leading it; if one says, “It is all mine,” and the other says, “It is all mine,” 169 then one must swear that he does not own less than half and the other must swear that he does not own less than half, and they divide its value. If they both agree or if they have witnesses, they divide it without an oath.

3 One said to two men, “[I know] I have stolen a maneh 170 from one of you, but I do not know which one,” or one says, “The father of one of you deposited a maneh with me, but I do not know which one.” He must give a maneh to each one since he himself confessed.

4 Two men deposited some money with a third man; one gave a maneh (=100 zuz) and one gave 200 zuz. One says, “The 200 zuz are mine,” and the other says, “The 200 zuz are mine.” He must give each of them a maneh, and the rest should be set aside until Elijah comes. 171 Rabbi Yose said: “If so, then what is the liar losing?! [He gets back his full 100 zuz deposit.] Rather, all the money should be set aside until Elijah comes.”

168. Trans. S. Berrin.

169. Each claims ownership of the entire animal.

170. A maneh is equal to 100 zuz (denarii).

171. The harbinger of the Messiah who will settle all halakhic disputes.

What do you want to know?

Ask our AI widget and get answers from this website