Gittin

Rab 'Anan, however, was not acquainted with this Baraitha,  and as to Samuel's dictum, how could he infer from it that, the field not being sold, the money was to be returned? Perhaps, though the field was not sold, the money was to be regarded as a gift, on the analogy of a man who affiances his sister, in regard to which it has been stated. 'If a man affiances his sister,  Rab says that the [betrothal] money is to be returned, while Samuel says that it is to be regarded as a gift'. Said Abaye to R. Joseph: Why should you want us to penalise the purchaser?  Let us penalise the vendor! — He replied. It is not the mouse that is the thief but the hole. If there were no mouse, he retorted, how should the hole come by it? — It is only reasonable that where the forbidden stuff is found,  there we should impose the penalty. A certain slave escaped from abroad to Eretz Israel and was pursued by his master. The [latter eventually] came before R. Ammi, who said to him, Let him make you out a bond for his value, and you must make out a deed of emancipation for him; otherwise I will make you forfeit him in accordance with the view of R. Ahi son of R. Josiah. For it has been taught: '[It is written], They shall not dwell in thy land lest they make thee sin against me, etc.  Shall I say that the text speaks of a heathen who has undertaken not to practise idolatry? [This cannot be, because] it is written, Thou shalt not deliver unto his master a servant which is escaped from his master unto thee.  What is to be done with him? He shall dwell with thee etc.'  R. Josiah found it difficult to accept this explanation, because instead of 'from his master' it should be 'from his father'.  Therefore R. Josiah explained the verse to speak of a man who sells his slave abroad. R. Ahi son of R. Josiah in turn found it difficult [to accept this explanation], because instead of 'which is escaped unto thee' it should be 'which is escaped from thee.' R. Ahi son of R. Josiah therefore explained the verse to speak of a slave who escapes from abroad to Eretz Israel. Another [Baraitha] taught: 'Thou shalt not deliver unto his master a servant': Rabbi says that the verse is speaking of a man who buys a slave on the understanding that he will emancipate him.  How are we to understand this? — R. Nahman b. Isaac said: He makes out a deed in these terms: 'When I buy you, you shall be regarded as having been your own master [retrospectively] from now. Abaye lost an ass among Cutheans. He sent to them saying, Send it back to me. They sent to him saying, Give us a mark of identification. He sent word to then, that its belly was white. They sent him back word: Were you not Nahmani,  we would not send it to you. Have not all asses white bellies? MISHNAH. CAPTIVES SHOULD NOT BE REDEEMED FOR MORE THAN THEIR VALUE, TO PREVENT ABUSES.  CAPTIVES SHOULD NOT BE HELPED TO ESCAPE, TO PREVENT ABUSES.  RABBAN SIMEON B. GAMALIEL SAYS [THAT THE REASON IS] TO PREVENT THE ILL-TREATMENT OF FELLOW CAPTIVES. GEMARA. The question was raised: Does this prevention of abuses relate to the burden which may be imposed on the community or to the possibility that the activities [of the bandits] may be stimulated? — Come and hear: Levi b. Darga ransomed his daughter for thirteen thousand denarii of gold.  Said Abaye: But are you sure that he acted with the consent of the Sages? perhaps he acted against the will of the Sages. CAPTIVES SHOULD NOT BE HELPED TO ESCAPE, TO PREVENT ABUSES. RABBAN SIMEON B. GAMALIEL SAYS, THE REASON IS TO PREVENT THE ILL-TREATMENT OF FELLOW CAPTIVES. What practical difference does it make which reason we adopt? — The difference arises where there is only one captive. The daughters of R. Nahman used to stir a cauldron with their hands when it was boiling hot.  R. 'Ilish was puzzled about it. It is written [he said], One man among a thousand have I found, but a woman among all those have I not found:  and here are the daughters of R. Nahman!  A misfortune happened to them and they were carried away captive, and he also with them. One day a man was sitting next to him who understood the language of birds. A raven came and called to him, and R. 'Ilish said to him, What does it say? It says, he replied, "'Ilish, run away, 'Ilish, run away". He said, The raven is a false bird, and I do not trust it. Then a dove came and called. He again asked, What does it say? It says, the man replied, "'Ilish, run away, 'Ilish run, away." Said ['Ilish]: The community of Israel is likened to a dove;  this shows that a miracle will be performed for me. He then [said to himself], I will go and see the daughters of R. Nahman; if they have retained their virtue, I will bring them back. Said he to himself: Women talk over their business in the privy. He overheard them saying, These men are [our] husbands just as the Nehardeans [were] our husbands. Let us tell our captors to remove us to a distance from here, so that our husbands may not come and hear [where we are] and ransom us. R. 'Ilish then rose and fled, along with the other man. A miracle was performed for him, and he got across the river,  but the other man was caught and put to death. When the daughters of R. Nahman came back, he said, They stirred the cauldron by witchcraft. MISHNAH. NEITHER SHOULD SCROLLS OF THE LAW, PHYLACTERIES AND MEZUZOTH  BE BOUGHT FROM HEATHENS AT MORE THAN THEIR VALUE,