Page:Jewish Encyclopedia Volume 2.pdf/58

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Appraisement Approbation

THE JEWISH ENCYCLOPEDIA

103), following a baraita (B. B. 107a), we always find three appraisers mentioned, who are appointed for that purpose and who act in place of the judges.

In the language of the Mishnah these are said to " go down " to appraise, meaning that they start from the seat of justice and go to view the field, or parcel, to be valued. Their valuation is reported to the court, and, when approved, becomes the act of the court. The season of the year and the state of the land market must be taken into consideration thus the Talmud assumes that there is a better market in Nisan than in Tishri (B. K. 7b). When only two of the three appraisers agree, the opinion of the third is disregarded but when each of the three names a different value, the early sages (B. B. 107a) disagree as to the mode of striking the mean: whether to add the three estimates together and divide by three, which would be the most natural course; or to give the preference to the two lower estimates, either at the arithmetical mean, or at twothirds of the difference above the lowest. The Talmud decides for one of the latter methods— called by the early sages that of the judges of the Exile—but the later authorities (Hoshen Mishpat, I.e.) favor the average estimate. The interest of orphans, that is, of infant heirs whose lands are to be taken for the obligation of their



speaking generally, their ancestor, is further guarded by advertisement (Tmkrazali). The Mishnah ('Arakin vi. 1) says: "Appraisement of orphans' lands is thirty days that of consecrated things is sixty days, and they cry it out every morning and evening. " The commentary of Bertinoro— abridging the discussions of the Talmud on the subject— says: "The judges that go down to the estate of the orphans to sell it for debt appraise it, and cry out for buyers on thirty continuous days, day after day in the morning when workmen go out to the fields— that any prospective buyer may direct his employees father, or,

'





to look at the field and report and in Advertise- the evening when the workmen come

ment

of

back, so that he

who

hears the anSale. nouncement may be reminded of the business in view and obtain the necessary information."

26

After land has been (in "

New

England "

"

appraised

" to

the creditor, or

legal language) after

has been

it

may

be lost under the Talmudic law, upon a subsequent review and annulment of the judgment, under conditions for which

extended

see

to him, his title

Judgments, Review

When slaves, movables,

op.

or written obligations were

was no previous advertisement. Under the older Talmudic law mova-

sold for debt there

Appraiss-

were not answerable hands of his heirs but durSlaves and ing the Middle Ages, when, in most Movables, countries, Jews were not allowed to own land, a remedy against the chattels and effects of the decedent had to be given as a matter of necessity. But in the Talmud no definite directions are found as to how movables or effects are to be appraised. Movables are supposed to be nearly akin to money, and to bear something like a fixed market value. When movables of the living

ment

of

bles of the debtor at all in the



debtor are turned over to the creditor in satisfaction, no commission of appraisers intervenes to fix the value but the court seeks to bring about an understanding between debtor and creditor. However, obligations on third persons are appraised, the solvency of the obligor and the time of maturity entering as elements (Hoshen Mishpat,

101,

2, 3, 5).

As has been said above, when a judicial sale is made in conformity with all the requirements in the matter of Appraisement and of advertisement, where law and custom demand it, it is binding on all parties. But where proper advertisement has been neglected, the law of "overreaching" applies, and the sale may be rescinded for an excess or shortage in the price of one-sixth over or below the true value (Ket. 100*) and this though in dealings between man and man, the law about " overreaching " applies to movables only. In the division of an estate Appraisement becomes necessary but, for the most part, a court will have to intervene only when some of the Division of heirs are infants and the others are of Estates, full years. As long as all are under age no one can ask a division when they are all of full age they can generally arrange





The advertisement

states the boundaries of the

land and its distinguishing marks, the amount of its product, and at what sum the court has assessed it and the purpose for which it is sold, as it might in-

buyer to know. For instance, if to satisfy the jointure of a widow, she might be willing to take the price in driblets if to satisfy a creditor, he might, if a merchant, be willing to receive part of his payment in broken or uncurrent coins. Then the court appoints a guardian (apotropos, a corruption of the Greek inlTpowos) for the orphans, and in terest the



due time

sells

the land according to advertisement The Mishnah says (Ket. xi. 5):

('Ar. 21b et seq.).

" On an appraisement by the judges, when they have gone too low by a sixth, or too high by a sixth, the sale is void [rather, voidable]. Rabban Simeon, son of Gamaliel, says the sale stands ; otherwise, wherein lies the power of a court of Justice ?

But if they have made a letter of examination [iggeret MkTporef] between them even should they have sold what is worth a maneh [100 zuz = $15] for two hundred, or what is worth two hundred for a maneh the sale stands." (The iggeret bikkoret is a written public notice, synonymous with hakrazah.)

— —

a division among themselves. In an Appraisement of shares, with a view to division, the same principle applies as to sale upon Appraisement that is, a difference of one-sixth either above or below the true value, resulting from a mistake of the judges, is good ground for rescission on behalf of the infant heirs, within a reasonable time after coming of age, although the court may have appointed, as was its duty, a guardian for the infants. In such a case, there being no advertisement as in case of a judicial sale, there is nothing to correct the mistake (Hoshen Mishpat, 289, 1). In the division among the heirs, the garments they wear— given them by the dead father—also the Sabbath or holiday garments provided by the father, and worn by the wives and children of the heirs, are estimated and charged on their shares (ib. 288, 1

et seq.).

The Hebrew term for " appraisement " is also applied to the valuation of the bride's dowry in her