THE ENACTMENT FOR A NIGZAL (Yerushalmi Perek 10 Halachah 3 Daf 43a)
îúðé' äîëéø ëìéå àå ñôøéå áéã àçø àí éöà ìå ùí âðéáä áòéø éùáò ëîä äåöéà åéèåì
(Mishnah): If Reuven recognized his Kelim or Sefarim with Shimon [who claims that he bought them], and there were rumors that Reuven was robbed, Shimon swears how much he paid, and Reuven pays this and takes them back from Shimon.
åàí ìàå ìà ëì äéîðå ùàðé àåîø îëøï ìàçø åì÷çï æä îîðå:
If not [for the rumors], Reuven cannot force Shimon to sell them. Perhaps Reuven sold them, and Shimon bought from the buyer!
âî' àîø øáé áà áø îîì áãéï äåà ùìà éùáò åìîä àîøå éùáò ùìà éäå áòìé áúéí ðèôìéï ìâðáéí.
(Gemara - R. Ba bar Mamal): According to letter of the law, Shimon should not swear. Why did [Chachamim] say that he swears? It is lest people commonly buy from thieves. (One is reluctant to buy if he thinks that later he will need to swear in order to get back the money that he paid.)
ø' éäåùò áï ìåé àîø åäåà ùéöà ìå ùí ùðâðáå ñôøéå.
(R. Yehoshua ben Levi): Our Mishnah discusses when there were rumors that his Seforim were stolen.
øá àîø öøéê ìäáéà øàééä ùìï òîå áàåúå äìéìä.
(Rav): [Reuven] must bring a proof that [the one who sold to Shimon] was in [Reuven's] house that night. (If not, we are concerned lest Reuven sold them, and falsely claimed that he was robbed.)
àñé àîø àí èòåï ìåîø îôìåðé ì÷çúéí ðàîï
(Asi): If [Shimon] claimed and said 'I bought them from Ploni' (not the suspected thief), he is believed [to receive what he paid without a Shevu'ah - NESIVOS YERUSHALAYIM, HA'GAON RAV C. KANIEVSKY, SHLITA].
àúà òåáãà ÷åîé ø' ðñà åìà ÷áéì
A case came in front of R. Nasa, and he did not accept this claim.
îä ôìéâ
Question: Does [R. Nasa] argue [with Asi]?
àîø áø ðù ãò÷éï äåä áâéï ëï ìà ÷áéì:
Answer: (No.) The one [whom he said sold them] was very poor (we estimate that he did not have enough money to buy the theft). Therefore, he did not accept the claim. (MAHARA FULDA, SEDEI YEHOSHUA)
ONE WHO SPILLED HIS BARREL TO SAVE THE CONTENT OF ANOTHER'S (Yerushalmi Perek 10 Halachah 4 Daf 43b)
îúðé' æä áà áçáéúå ùì ééï åæä áà áëãå ùì ãáù ðñã÷ä çáéú ùì ãáù åùôê æä àú ééðå åäöéì àú äãáù ìúåëå àéï ìå àìà ùëøå
(Mishnah): If Levi was carrying a barrel of wine, and Yehudah was carrying a jug of honey, and Yehudah's barrel cracked, and Levi spilled out his wine and saved the honey, he is paid only like a worker (he is not compensated for the wine that he forfeited);
àí àîø ìå àöéì àú ùìê åàúä ðåúï ìé ãîé ùìé çééá ìéúï ìå:
If Levi said 'I will save your honey and you will pay for my wine', Yehudah must give to him.
âî' úðé ùðéí áîãáø áéã æä çáéú îéí åáéã æä çáéú ãáù ðñã÷ çáéú îéí úðéé áéú ãéï äåà ùéùôåê æä ãáùå åéöéì àú îéîéå ùäîéí îçééä áîãáø åìà äãáù.
(Gemara - Beraisa): If two were in the Midbar, one had a barrel of water, and the other had a barrel of honey, and the barrel of water cracked, it is a stipulation of Beis Din that Levi spill out his honey and save the water, for water sustains people in the Midbar, and honey does not.
úðé ôåòì åòðé ùòìå ìøàù àéìï åùéáøå ñåëä áæîï ùãøê ôåòìéï ìòìåú áàéìï ôèåøéï åàí ìàå çééáéï:
(Beraisa): If a worker or Oni ascended a tree [to harvest it, or take the Pe'ah], and he broke a branch - if it is normal for workers [or Aniyim] to ascend [such a tree to do so], he is exempt. If not, he is liable.