Daily Rambam

Daily Rambam Tweets

Book Eleven  Sefer Nezikin Book of Damages

Book Twelve Sefer Kinyan Book of Acquisitions

 

———————————
 Book Thirteen:
Sefer Mishpatim – Book of Judgements
#Sechirut
1:1 Unpaid watchman takes oath blameless. Borrower makes restitution. Watchman/renter make restitution of lost/stolen.
2:1 3 laws of 4 watchmen applies to unconsecrated movable property of Jews. Excludes land, slaves & promissory notes.
3:1 Watchman says item broke/died & not his fault, if place where people present, brings witnesses & cleared of fault.
4:6 Rented ship, loaded 1/30th above cargo limit, sank, must pay owner for value of the ship. Same for cargo animals.
5:1 Rents donkey to ride or carry glass items; if dies, owner gives new donkey; if not, returns fee minus what rode.
6:3 Landlord must provide doors; fix windows, roof, beams; make bolt, lock & other basic needs that require craftsman.
7:1 Can make any stipulation when renting just like when sell. Renting is merely selling for a limited amount of time.
8:14 Planting field in crop-sharing deal: worker changed crop, must still pay what agreed even if poor production.
9:1 Can’t force workers to come early & stay late if not local custom. Must follow local customs, like providing food.
10:3 Craftsman is paid watchman of customer’s article, until says “finished job, take it,” then unpaid watchman.
11:2 Withholding worker’s wages like murder. Violates 5 commands: pay on time; don’t oppress, steal, hold, delay wage.
12:14 Slave can’t say his minor kids won’t eat from produce of master’s field that they’re harvesting. Given by God.
13:7 Employee warned not to steal work of employer by neglecting his work slightly here & there, wasting work time.
#Fikadon
1:1 Borrowed utensils or animal, lost or stolen, even if beyond his control, must make restitution; unless normal use.
2:1 Borrowed article or animal, if it’s stolen or lost but the lender is with him, borrower is not liable for damages.
3:1 Borrows cow, owner sends with son, agent or servant, & cow dies before arriving at borrower, borrower not liable.
4:3 Unpaid watchman put object in inappropriate place: stolen, lost or destroyed. Negligent & must make restitution.
5:3 Left article or fruit w/ watcher. Thieves stole in his presence. If he was quiet, didn’t call out for help, liable.
6:1 Watchman’s oath: took correct care, what happened, article not w/ him, didn’t use article for self before event.
7:3 Watchman: don’t deal w/ article (unless told to), even if value deteriorating, as owner may want to deal himself.
8:1 Watching animal or object; lost or stolen; says “I’ll pay;” thief discovered; watcher gets payment from thief.
#Malve
1:1 Command to lend money to poor among Israel. Greater than charity. Torah warns severely against not lending to poor.
2:7 Can’t lend money even to Torah scholar without witnesses unless received collateral. Better to have promissory note.
3:1 Can’t take collateral from widow, whether rich or poor: if admits to debt, pays; denies debt, she must take an oath.
4:2 Just as forbidden to lend at interest to Jew, can’t borrow, broker, guarantee, write or witness loans with interest.
5:1 Lending w/ interest only prohibited between Jews. Permitted to borrow or lend to or from a Gentile w/ interest.
6:1 If lends (to Jew) & payment has some addition, clause or benefit beyond principal, considered interest & prohibited.
7:9 Renter can ask owner for loan for improvement of field, store, ship, etc. & pays > amount; but not for operations.
8:1 Can’t increase price of merchandise in exchange for delayed payment, i.e. pay now 100 zuz or pay later for 120 zuz.
9:1 Can’t place order for produce before market price is set. Once set, can order, even if seller doesn’t have on hand.
10:1 Can lend produce w/o conditions. Borrowed 10 Seah of wheat, must return 10 Seah of wheat, even if price increased.
11:1 If borrowed $ in front of witnesses, doesn’t need to repay in front of witnesses. If says paid, must swear that did.
12:7 Can’t appropriate land from minors, except if have authenticated deed of sale & after guardian appointed for minors.
13:2 Lender needs 3 proofs for court to get property of borrower: verify debt note; prove debtor away; owned by borrower.
14:2 Lender has promissory note, demands that borrower pay, borrower says paid already, court instructs borrower to pay.
15:6 If lender agreed that would accept borrower’s word when says paid back loan, can’t use promissory note to collect.
16:10 On promissory note written on front or back that paid in part or all, as if paid, even if in lender’s possession.
17:3 Borrower died, lender died, lender’s heirs can’t collect debt from borrower’s heirs. Can’t swear that wasn’t paid.
18:1 Lend w/o any stipulation, all debtor’s land & movable property is on lien. Defaults, lender collects from property.
19:4 Damages expropriated from superior land, lenders collect from intermediate land, woman’s Ketuba from inferior land.
20:1 Debtor has many debts, 1st lender expropriates property 1st, from borrower & creditors. Can take from later lenders.
21:1 Creditor expropriates field & increase in field value. If increase due to investment, creditor gets 1/2 of increase.
22:2 Borrower says promissory note forged: if he seems right, given time to prove; if not, pays. If finds proof, gets $.
23:4 Promissory note dated Shabat or Yom Kipur, assume postdated & valid. Known that legal documents not made on Shabat.
24:2 Scribe’s fee paid by: borrower on loan, buyer on sale, woman on divorce, groom on marriage, sharecroppers & workers.
25:9 If 2 people take loan from same person on same promissory note, they’re guarantors for each other. Same w/ partners.
26:5 Loan made w/ verbal pledge, borrower overseas, lender claims from guarantor, guarantor says: 1st prove didn’t pay.
27:1 Jewish legal document: any language, can’t be forged, can’t add/subtract content, Jewish witnesses who can read it.
#Toen
1:1 Claim against person about movable property, person admits part of claim, pays that, swears doesn’t owe rest & free.
2:2 Can’t swear in court if: took false or unnecessary oaths, lends at interest, eats non-kosher meat, thief, gambler.
3:1 Prutah value: weight of half a barleycorn of pure silver. Two Me’in value: weight of 32 barleycorns of pure silver.
4:1 Gives biblical oath if accused of owing item with specific measure, weight or quantity & admits owing part of it.
5:12 Deaf-mute, mentally ill can’t make claims & can’t claim against them, can’t take oaths or make restitution. Blind ok.
6:1 Court needs precise statements: litigant claims Maneh that lent, entrusted or stole, defendant must answer in kind.
7:1 Admitted in front of 2 about debt, not casually, but w/o appointing them as witnesses, still serves as testimony.
8:1 Presume that movable property belongs to person with physical possession, even if witnesses testify belonged to other.
9:1 Craftsman possesses item, don’t presume it’s his. Man claims w/ witnesses craftsman has his item, can reclaim w/ oath.
10:1 An animal that normally roams free, if a person grabs hold of it, the owner can reclaim it with witnesses and oath.
11:2 Believed owner of land, if have witnesses & used undisputed for > 3 years. Gives oath that rightfully his and keeps.
12:5 2 partners: 1 uses field years 1, 3, 5; other years 2, 4, 6; ownership not established. Have contract defining, ok.
13:1 Even if benefited from land 3 yrs, can’t claim it: craftsmen, sharecropper, guardian, partner, spouse, son & father.
14:4 Thief’s son claims owner sold to his dad, not admissible. Grandson can, if says he or his dad acquired, not grandpa.

 

 

 

 

[old attempt]

Besides the popular Daf Yomi, the daily learning of a folio of the Babylonian Talmud, there are a variety of other daily study schedules. Another one that is gaining popularity in Israel now is the daily study of Maimonides’ magnum opus, the Mishnah Torah. The Rambam Yomi as it’s called involves the study of one chapter a day and completes the entire book in approximately three years. In many senses study of the Rambam is faster and easier. The Mishnah Torah is written in Hebrew which is typically easier than the Aramaic of the Talmud (and there are links to English translations below), furthermore each chapter is generally shorter and more concise than a folio of Talmud. Please feel free to send comments, corrections, feedback, etc. directly to me at bentzispitz at gmail dot com.

Date

Book

Section

Ch

Summary Hebrew Text English translation
Sep 25 ’12

Women

Ishut

1

The Commandment of Marriage; Forbidden Women http://www.mechon-mamre.org/i/4101.htm http://www.chabad.org/library/article_cdo/aid/952874/jewish/Chapter-One.htm
Sep 26 ’12

Women

Ishut

2

Signs that a girl reached age of maturity http://www.mechon-mamre.org/i/4102.htm http://www.chabad.org/library/article_cdo/aid/952875/jewish/Chapter-Two.htm
Sep 27 ’12

Women

Ishut

3

Methods of Marriage http://www.mechon-mamre.org/i/4103.htm http://www.chabad.org/library/article_cdo/aid/952876/jewish/Chapter-Three.htm
Sep 28 ’12

Women

Ishut

4

Obstacles to Marriage http://www.mechon-mamre.org/i/4104.htm http://www.chabad.org/library/article_cdo/aid/952878/jewish/Chapter-Four.htm
Sep 29 ’12

Women

Ishut

5

Sep 30 ’12

Women

Ishut

6

Oct 1 ‘12

Women

Ishut

7

Oct  ’12

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