Bava Metzia 58B

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Text Excerpt

איפכא מסתברא! אמר ליה: איסמיה?

The opposite is reasonable. An oath concerning sacrificial animals for which one does not bear responsibility is considered to be a matter related to YHWH even more than an oath concerning a sacrificial animal for which one bears responsibility, as in the latter case it is owned by the person in some respects. The tanna said to him: Should I delete this baraita because it is corrupted?

אמר ליה: לא. הכי קאמר: קדשים שחייב באחריותן ⁠– חייב, דאיתרבו מ״בה׳ וכחש״. ושאינו חייב באחריותן ⁠– פטור, דאמעיט מ״בעמיתו וכחש״.

R' Yitzḥak bar Abba said to him: No, this is what the baraita is saying: For an oath taken concerning sacrificial animals for which one bears responsibility, one is liable to bring an offering for a false oath, as it is included due to the phrase “against YHWH, and deals falsely.” It is derived from this that one is liable for taking a false oath even with regard to an item which belongs, to a certain degree, to YHWH. And with regard to sacrificial animals for which one does not bear responsibility, one is exempt, as it is excluded by the phrase: With his neighbor and deals falsely. It is derived from this that one is liable to bring an offering for a false oath only if it pertained to property that belongs to a layman, i.e., his neighbor, but not for an item that belongs completely to God, as is the case with regard to sacrificial animals for which one does not bear responsibility.

רבי יהודה אומר: אף המוכר ספר תורה, מרגלית ובהמה, אין להם אונאה. תניא, רבי יהודה אומר: אף המוכר ספר תורה, אין לה אונאה ⁠– לפי שאין קץ לדמיה. בהמה ומרגלית, אין להם אונאה ⁠– מפני שאדם רוצה לזווגן.

§ The Mishnah teaches: R' Yehuda says: Even in the case of one who sells a Torah scroll, a pearl, or an animal, those items are not subject to the halakhot of exploitation. It is taught in a baraita that R' Yehuda says: Even in the case of one who sells a Torah scroll, it is not subject to the halakhot of exploitation, as there is no limit to its value. It is the Torah of God, which is priceless. An animal and a pearl are not subject to the halakhot of exploitation because a person seeks to pair them. An animal is paired with an animal of similar strength so that they can be yoked together to work in the field. A pearl is paired with a similar pearl to fashion jewelry. Since there is a need to obtain a specific variant of these items, one is not particular about the price.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.