Page:Jewish Encyclopedia Volume 2.pdf/596

546 Bartenora

THE JEWISH ENCYCLOPEDIA

Bartolooci in Holland

was a potent

removal of these

factor in securing the

disabilities.

Bibliography: Daly, Settlement of the Jews in North America, pp. 16 (note), 17, 18, 19, 23, New York, 1893; Fernow, Records of New Amsterdam; Publications American Jewish Historical Society,

11.

77



vl. 83, 87



vlii.

H et seq.

M.

A.

BARTENORA.

J.

K.

Obadiah ben

Abraham.

BARTER:

The exchange

of things of value, neither of them being money. It is distinguished from a sale, where one of the things is money. As trading must have existed long before even the rudest kind of money was invented, Barter must

have

preceded sales properly so called. In the "Iliad" the Greeks before Troy buy wine of the ships coming from Lemnos, some of them with bronze or iron, some with skins, others with oxen or

with slaves: this was

many

centuries after Abra-

ham had bought

a field with ready money. But little or nothing is found in the ancient laws of Greeks, Romans, or Hebrews to regulate Barter as distinguished from sale. It has been shown in the article Alienation that the form of Barter was often given to a purchase and sale a handkerchief or some implement ("keli ") being received as the equivalent for a house or field, or for a draft-animal. This was done, of course, as a mere formality, the real price being paid thereafter, or perhaps before, in money, or in a written or oral promise of money, this mode of passing the title being known as exchange ("halippin"). From the treatment of this matter in Mishnah and Gemara it is pretty evident that a real Barter was seldom in contemplation when the parties went through its forms. Where the Babylonian Talmud speaks of overreaching (B. M. iv. 3, 4) thatis.buying goods at one-sixth below, or selling them at onesixth above, the market price— it does not specially apply the rule to Barter, where the goods on both Exchanges between sides would have to be valued. goods of different kind are, however, alluded to in the treatment of the laws of usury (B. M. v. 1), as such an exchange may be resorted to where one of the commodities is about to rise in value, to cover up usury.

—

The Palestinian Talmud, however, where it discusses "onafih" (overreaching, B. M. v. 106), intimates that it may apply in cases of actual Barter.

Maimonides

("

Yad,

"

Mekirah,

xiii.

1)

draws

the conclusion that where an animal is exchanged for an animal, or an implement for an implement, mere inadequacy of values is no ground for complaint by either party, because each may have a predilection for the article he gets, but that it is otherwise in exchange of produce (" perot "), as here the value given on either side is strictly commerThe commentators on Maimonides, ad loc, are cial. strangely divided on this passage; and the subject is evidently one which came but seldom, if ever, into practical discussion before the judges.

In cases, however, in which a purchase or sale set aside for fraud, accident, or mistake (" mikkah ta'ut "), a trade by Barter would fall under like rules; thus the case is put (Hoshen Mishpat,

might be

224, 1)

where

A

A

the latter takes possession of the cow, but before can take possession of the ass, the ass dies; B would have to bring forward proof that his ass was alive when the trade was clinched by the taking possession (" meshikah ") of the cow (see Alienation and

Purchase Under Mistake), j.

See Bertinoro,

trades his

cow with B

for

an

ass;

546

L. N. D.

sr.

BARTH, JACOB religious philosophy,



German professor of

exegesis,

and Semitic languages born at

Flehingen, Baden, 1851. He studied Orientalia at Leipsic under Fleischer, and at Strasburg under NSldeke, and later at Berlin University, where he subsequently (1880) became professor of Semitic languages. In 1874 he was appointed professor of Hebrew, exegesis, and religious philosophy in the Rabbiner Seminar of the same city. For the last ten years he has lectured on Semitic and Jewish literature at the Veitel

Heine Ephraim

Institute.

In the field of Jewish literature Barth has published the following works as programs of the Seminary: "Beitrage zur Erklarung des Buches Hiob," 1876; " Maimonides' Commentar zum Tractat Makkoth," 1880; "Beitrage zur Erklarung des Jesaja," 1885; " Etymologische Studien zum Hebraischen Lexicon," 1893. He has also contributed numerous valuable papers to the leading periodicals devoted to Oriental philology, among which those in the "Z. D. M. G." vols, xli.-xlv., xlviii., liii., on comparative studies in Semitic grammar, are deserving of especial mention, as adding much to this field, particularly to the Hebrew portion of it. But Barth's greatest work, and one which stamps him as one of the foremost Semitic scholars and investigators of the day, is his " Die Nominalbildung in den Semitischen Sprachen," 1889-91; 2d ed., 1894. This work endeavors to trace for the first time the genetic development of Semitic noun-forms, and may be considered epoch-making in this department of knowledge. Many literary opponents, adopting the theories of Lagarde, who published a work at the same time, uttered protests; but their opposition is becoming weaker, and most of Barth's results are now rapidly being recognized as the standard teachings of philological science. Barth is also the editor of "Tha'lab's Kitab alFasih," edited and commented, Leipsic, 1876 of two volumes in the series "Tabari's Annalen," parts i., ii. (1879-81) in De Goeje's edition of Tabari and of the "Diwan des Qutiimi," Leyden, 1902.

Bibliography: Rabbiner Seminar zu Berlin, Bericht die 25 Jahre Seines Bestehens, 1898, pp. 9, 57.

liber

F. H. V.

s.

BARTHOLDY, JACOB SALOMON:

Prusuncle of the composer Felix Mendelssohn-Bartholdy; born May 13, 1779, in Berlin; died in the Protestant faith July 27, 1825, in Rome. He was of a prosperous Jewish family, and received a careful education. After attending the University of Halle for some time, he made a tour through Greece with the artist Gropius. From Greece he brought home the manuscript of an unfinished book, the first part of which was published in 1805 under the title "Bruchstilcke zur Naheren Kenntniss des Heutigen Griechenlands," Berlin; a French translation appeared in Paris in sian diplomat

and

art patron;