Arakhin

. Why is a female, when she is old, valued only at one third, whereas a man at not even a third?1 — Said Hezekiah: people say, An old man in the house is a burden in the house, an old woman in the house is a treasure in the house!2 MISHNAH. IF A MAN SAID: I VOW MY WEIGHT, THEN 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,3 WHO HAD 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, R. 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 AN ASS AND PUT IT INTO THE BARREL UNTIL IT IS FILLED UP AGAIN. SAID R. JOSE: 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. GEMARA. What does it mean IF SILVER, SILVER, IF GOLD, GOLD? — Rab Judah said: If he had said [my weight] in silver, then [he must pay it] in silver, if gold. gold. But that is self-evident? — This is what he is teaching us: The reason4 is because he has mentioned expressly [the precious metal], but if he has not mentioned expressly, he can free himself of the obligation with anything;5 in accord with Rehabah, for Rehabah said: In a place where [they sell] pitch by the weight, he can free himself even with pitch. But that is self-evident? — No, it is necessary to mention that for the case that some weigh and others measure it. You might say since not all [sell it] by weight [he may] not [free himself by paying his weight in pitch], therefore we are informed [that he may]. R. Papa said: In a place where [they sell] onions by the weight, he can acquit himself [of his vow] even with onions. But that is self-evident? — It is necessary to mention that because after weighing it [the seller] would add two or three. Therefore you might have said: thereby it should be excluded from the rule of things [sold] by weight. Therefore we are informed [that it is not so excluded]. IT HAPPENED WITH THE MOTHER OF YIRMATIA. An accident [is reported] to contradict [the law just stated]? — Something is missing here and thus it ought to read: ‘But if it be a prominent person, then although he has not expressly stated, we estimate it in accordance with his dignity; and IT HAPPENED WITH THE MOTHER OF YIRMATIA WHO HAD SAID, ‘I VOW MY DAUGHTER'S WEIGHT’: SHE WENT UP TO JERUSALEM AND THEY WEIGHED HER, AND THEN SHE PAID HER WEIGHT IN GOLD’.6 Rab Judah said: If one says, I vow my stature, he must give a staff which cannot be bent. [If he said:] I vow my full stature, he may give a staff which can be bent.7 They raised the following objection: [If one said:] ‘I vow my stature’, or [if he said, ‘I vow] my full stature’, he must give a staff which cannot be bent? He holds with R. Akiba, who pays close attention to redundant speech. For we learnt: Nor [has he thereby sold]8 the cistern or the walled cellar, even though he wrote [in the document of sale], ‘the depth and the height’, but he [the seller] must acquire for himself a way thereto. These are the words of R. Akiba. The Rabbis taught: He does not need to do so. R. Akiba, however, agrees that if he had said, ‘With the exception of these’, he need not buy himself a way thereto.9 Thus we see that since he did not have to say anything and nevertheless did make a statement, he meant to add something thereby; therefore here, too, since he did not have to say anything and he spoke nevertheless, he wanted to add something.10 The following question was raised [in the Academy]: If he said, ‘My stand’, what is [the law]? sixty at fifteen, which is less than a third. termed ‘an obstacle’, ‘a burden’, ‘a weak vessel’. Yirmatia, on the basis of a general vow, is reported to have made a payment of the weight in gold. the height, therefore a staff, however thin and easy to be bent, will redeem the pledge. In the first it must be solid, as his figure, in the second it must be high, but need not be of any minimum thickness. Having mentioned that, he must have added something to the contract not implicit therein, viz., the right to the cellar. In similar manner here, ‘full’ is a superfluous phrase, stature implies the full height. Hence the additional suggestion: It is only as to the full height that I assume obligation, but as to thickness, that may be as slender as possible.