WHEN ONE MUST PURSUE THE NIGZAL (Yerushalmi Perek 9 Halachah 6 Daf 40a)



(Mishnah): If Reuven was Gozel a Shaveh Perutah from Shimon and swore [that he did not,] he must pursue Shimon and bring it to him, even to Madai (a far place overseas);


It is not enough to give it to his son or Shali'ach (messenger), but it suffices to give it to a Shali'ach of Beis Din.


If Shimon died, he returns the Gezeilah object to Shimon's heirs.


(In the following cases, Reuven need not pursue him.) He paid the principal, but did not pay the Chomesh (the added fifth, i.e. a quarter of the principal, that one who swore falsely must pay);


Shimon pardoned him from paying the principal, but not from the Chomesh;


Shimon pardoned him from both of them, except for less than a Perutah of the principal. [In all these cases,] Reuven need not pursue [Shimon to return it to him, even if he is far away].



If Reuven paid the Chomesh, but not the principal, or Shimon pardoned the Chomesh, but not the principal, or he pardoned both (the Chomesh and principal), except for a Shaveh Perutah of the principal. Reuven must pursue him.


If Reuven paid the principal, and (falsely) swore that he paid also the Chomesh, he must pay (the Chomesh and) a Chomesh of the Chomesh.


[If he repeatedly swears falsely paying the Chomesh (of a Chomesh...) he is obligated to add a Chomesh of what he swore about,] until the principal (i.e. what he swore about) is less than a Shaveh Perutah.

['' , ] :


The same applies to a deposit, like it says "b'Fikadon Oh vi'Seshumas Yad Oh v'Gazel Oh Ashak Es Amiso; Oh Matza Aveidah v'Chichesh Bah v'Nishba Al Sheker'', he pays Keren and Chomesh and [brings a Korban] Asham.

[ ] ' .


(Gemara): Our Mishnah [says until the principal is less than a Shaveh Perutah, i.e.] until the last Chomesh is less than a Shaveh Perutah.

[ ( )] '


(R. Yochanan): For giving the Chomesh [once it is the only matter he still owes], the Chomesh becomes like principal.



[Our Mishnah obligates pursuing him to return the Gezeilah] only when there are witnesses [in front of whom he admitted] or at a time when there is Korban (returning the Gezeilah is Me'akev the Asham). However, when there is no Korban (e.g. nowadays), and he admitted to the Nigzal, if the Nigzal went away, it is as if he agreed to leave it like a deposit with the Gazlan. (MAHARA FULDA)