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not according to agreement, lie has to pay. the hirer (" soker ") has the same liability as the shomer sakar, some laws relating to the soker are included in chap. vi. From the paid trustee the Mishnah passes over (in chap, vii.) to the workman is

As

{" po'el ") in general, and regulates the working time, the food, and also the rights of the workman to par-

take of the fruit of the

ing there (Deut.

field or

vineyard while work-

xxiii. 25, 26).

Shoel (" borrower, " chap. viii. 1-3) He is liable pay for every kind of loss, including loss through

to

accident, except

" if

the lender

is

with

Borrowing him" (Ex. xxii. 14); that is, according and to the traditional interpretation, if the Hiring.

Soker

lender was likewise at work with him, for payment or without payment. ("hirer," chap. viii. 6): The laws of soker

having been given

as far as movable property is concerned, sections 6-9 of chap. viii. and 1-10 of chap. ix. treat of the soker of immovable property of the relations between the tenant of a house and his landlord, between the farmer of a field and its owner. Among the laws that regulate these relations are the following: If the tenant takes a house for a year, and the year happens to be a leapyear, the tenant occupies the house thirteen months for the same price. The tenant can not be turned in chap,

vi.,



out

between Tabernacles and Passover, unless notice be given one month before the beginning of the winter. In large towns and for shops, in the winter

•one year's notice is required.

following way:

Tosefta

spond to chaps,

Chaps, i.-ii.

and Gemara.

i.-ii.

corre-

of the Mishnah;

chap. iii. to chaps, iii.-iv. of the Mishnah; chaps, iv.-vi. to chap. v. of the which begins Mishnah chap. vii. hires workmen'' ("po'alin") instead of "he

—



"he who

hires artisans "

and chap.

viii.

("

(compare p. 386: "Are you from Pumbedita, where they make an elephant pass through the eye of a needle?").

Of the haggadic passages the following are noteworthy (a) The disciples of Simeon b. Shetah once bought from an Ishmaelite an ass for their master. They discovered a valuable pearl on the ass, and joyfully told their master that the treasure would enable him " Does the owner know of it? " to live without care. asked the master. "No," was the answer; "but we

it." "What!" exclaimed Simeon. a barbarian? More valuable than all the treasures of the world to me would be the lshmaelite's acknowledgment of the superiority of our holy religion, that teaches us ways of righteousness

need not return

"Am

I

(Yer. B. (b)

M.

ii.

8c).

A man 's house is blessed only for the sake of his

wife (Bab. B. M. 59a). (c)

There are three

of their cry.

One

who cry, and no

notice

of the three

he

is

taken

who

lends witnesses (ib. 756). (d) In a halakic discussion between R. Eliezer and R. Joshua, a " bat kol " (a heavenly voice) was heard in favor of the former. R. Joshua said " The bat kol does not concern us; the Law given on Mount Sinai (Ex. xxiii. 2) commands us to decide according to the majority " (ib. 594). (e) Resh Lakish was famous for his strength R. Johanan, for his stately figure. R. Johanan said to the former " Thy strength is fit for those who study the Law." The other replied: "Thy beauty is fit for women," upon which R. Johanan said, "I have a sister of renowned beauty if you consent to turn to the Torah, I consent to your marrying my sister. This was done; and Resh Lakish, who had been a gladiator, had many, sometimes vehement, halakic When Resh discussions with his brother-in-law. Lakish died, R. Johanan was much distressed. Rabbi Eliezer b. Pedat came to comfort him; and whatever R. Johanan said, his visitor found right, and had a quotation ready in support of it. R. Johanan then mournfully said " Resh Lakish raised many objections to whatever I said; I had to solve the difficulty, and thus the truth was found, much better than by ready consent " (ib. 84a) Bibliography See Baba Batra. is

money without



'

'





Sections 11 and 12 of chap, ix., taking up again the subject of hiring, regulate the various terms for paying the due wages (based on Lev. xix. 13, and Deut. xxiv. 14, 15). The last section of chap. ix. defines the rights of the creditor in accordance with Deut. xxiv. 6 and 10-13. The concluding chapter (x.) regulates the relations between joint owners and neighbors, in dwellings and in fields. The last case mentioned is especially interesting as showing a highly developed state of agricultural jurisdiction in the Mishnaic days. The Tosefta has many valuable additions to the Mishnah. It is divided into eleven chapters, which correspond to the ten chapters of the Mishnah in the

who

Baba Mezi'a Babel, Tower of

THE JEWISH ENCYCLOPEDIA

umanin

")

to

correspond to chaps,

Mishnah vi.-viii.

vi. 1

of the

Mishnah; chaps, ix.-x. to chap. xi. chap. xi. to chap. x. of the Mishnah. The Gemara, in explaining the laws of the Mishnah, discusses a variety of kindred problems, especially the Babylonian Gemara the Palestinian being very meager in this respect. Rab Zera, coming from Babylonia to Palestine, is said to have fasted a hundred times within a certain period of time, praying that he might forget the Babylonian Gemara, and fully grasp the teachings of Rabbi Johanan, the PalAccording to Rashi, the estinian master (B. M. 85a). rabbis of Palestine were not of a contentious disposition, and settled difficulties without much discussion









M. F.

j. sr.

BABEL,

TOWER

OF.— Biblical Data: The

story of the building of the city and the Tower of Babel as found in Gen. xi. 1-9 is briefly as follows The whole human race spoke one and the same lan-

guage, and formed one community.

This

commu-

nity or clan settled permanently in the land of ShiHere they nar, not far from the Euphrates river. built a city and a tower of such materials as a great river-basin would afford and the genius of man could

Apparently this was done to prevent abroad and losing their tribal unity, to make a great center about which they might Yhwh gather, and to obtain for themselves a name. came down to investigate the purpose of all this unusual enterprise. The self-confidence and unity of the people were everywhere prominent. Fearful that the accomplishment of this project might embolden them to still more independent movements, manufacture.

their scattering