Rambam. Mishne Tora. Part 12. Book of Possessions

Автор: Rambam



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Номер по каталогу: 04003212
Год издания: 2007
Cтраниц: 208
Weight: 0.46 kgs
Translated by: Brodskaya, S.
Language: Russian
Cover: hardcover
Format: 18x2x25


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Treatise One: Sales
Chapter 1. Modes of acquisition of title to real property
Chapter 2. Modes of Acquisition of title to slaves and cattle
Chapter 3. Modes of acquisition of title to other movable property
Chapter 4. Modes of acquisition that have restricted validity. Acquisition and price. Acquisition by proxy
Chapter 5. Acquisition by barter. Kinyan
Chapter 6. Acquisition of title to coins, notes of indebtedness, and crops. Acquisition by “meeting of the three”
Chapter 7. Restriction on invalid acquisition
Chapter 8. Acquisition of title and the fixing of price. Acquisition of title and errors in the counting of money. Acquisition of title where an object is sold twice. Acquisition of title to object, the price of which must be decided by court
Chapter 9. The sale of property owned by the Temple in Jerusalem or by orphans
Chapter 10. Sale under duress. The effect of a previous declaration to invalidate such sale
Chapter 11. ’Asmakta. Stipulations in a sale
Chapters 12–13. Frauds, their effect on the validity of transactions
Chapter 14. Things for which the courts fix the selling price. Rate of legitimate profit. Articles with which it is forbidden to trade. Articles which one may not hoard in the Land of Israel, and articles which are forbidden to be exported therefrom. Price fixing by agreement. Verbal frauds
Chapters 15–17. Frauds due to defects in sold articles
Chapter 18. Deception in sales. Mixing of goods of various qualities and its effect on the validity of the sale thereof. Refuse in produce sold
Chapter 19. The sale of objects, title to which is in dispute
Chapter 20. Conflicts in sales with regard to identity of parties involved or identity of article involved or identity of the owner of an article when a defect appears thereon
Chapter 21. The sale of objects, the size or number of which are not specified. Definition of such specifications
Chapter 22. Sale of objects not in existence or not in one's possession. Sale to an embryo. Sale of intangibles. Sale of things not in existence in the case of sacred objects or objects dedicated to charity
Chapter 23. Sale of an object for its yield. Sale of a dovecot or beehive
Chapter 24. Sale of trees and the land whereon they grow. Sale of a field, an orchard, a house, or a burial plot
Chapters 25–27. Things automatically included in the sale of a house, a courtyard, an olive press, a bathhouse, a town, a ship, a carriage, a yoke, an animal, a slave, part of a slave or an animal, a beehive, or a dovecot. The laws that apply when these are gifts or part of an estate divided by heirs or appropriated from an estate of a proselyte or objects consecrated to the Temple in Jerusalem. The effect of the established custom thereon
Chapter 28. The measurement of land sold
Chapter 29. The eligibility of deaf-mutes, imbeciles, minors, and drunkards to execute transactions
Chapter 30. The validity of an act of one party on behalf of another, without the latter's knowledge. Sales made on the Sabbath or on festivals

Treatise Two: Original Acquisition and Gifts
Chapters 1–2. Definition of ownerless property. The mode of acquisition thereof. The acquisition of the property of a deceased proselyte who dies without children. Transactions between Israelites and heathen
Chapter 3. Definition of gifts. The modes of acquisition thereof. Stipulations in gifts. A gift given on condition that it be returned. Gifts to heathen, to resident aliens, to slaves, and to married women
Chapter 4. Retraction by the donor or the donee. The giving of a gift through a third party. Gifts to minors. The mode of acquisition of a gift that is deposited on the premises of the donee. A gift given by a deed. Conflicts between the donor and the donee
Chapter 5. A gift must be made publicly. Two deeds executed for the same field
Chapters 6–7. Unexpressed intentions and how they affect a gift. Gifts inferred from some act of the doner. Groomsmen's gifts
Chapters 8–12. Definition of “critically ill” and the validity of the acts of one critically ill

Treatise Three: Neighbors
Chapter 1. The division of jointly owned property. Things that are divisible and things that are not divisible
Chapter 2. Division of a jointly owned courtyard. The frontage the owner of each house has in a jointly owned courtyard. The rights and obligations of partners and brothers vis-à-vis each other after the division of a jointly owned property. How the custom of the land affects these
Chapter 3. The obligation of the partners to rebuild the wall separating their property if it collapses. The obligations of neighbors vis-à-vis each other in regard to building a wall that separates their property, and the erection of parapets on their roofs, in order to insure the privacy of each, if their homes face each other on two sides of the street. Two courtyards, one above the other, on a slope. The rights and obligations of neighbors who draw water from the same channel
Chapter 4. The rights and obligations of two people who own a two-story house, one owning the lower story and one the upper. Property on the slope of a hillside where the property of one is above the property of another. The ownership of fruit trees that are sold for felling
Chapter 5. The things that joint owners of a courtyard or residents of an alley can compel each other to do and the things that they can hinder each other from doing
Chapter 6. The things that the residents of a town can compel each other to do and the things that they can hinder each other from doing. People who are exempt from some of these obligations. Trades that the inhabitants of an alley or a city can exclude from their midst. The right of way of one who has a garden or a well behind the property of another
Chapter 7. Windows, where and when they can be built if they face a neighbor's property
Chapter 8. The right to extend a crossbeam from one's roof into his neighbor's property or to set up a ladder on the latter's ground or to discharge water from his roof there. The use by neighbors of the wall that separates them
Chapter 9. Things that one may not do in his own property lest it harm his neighbor
Chapters 10–11. Things that must be done at a certain distance from a town or from one's neighbor in order not to harm the residents of the town or one's neighbor
Chapters 12–14. The prerogatives that heirs or partners have in choosing their respective shares when they divide their property. The right of pre-emption

Treatise Four: Agents and Partners
Chapter 1. Manner of appointing an agent. The obligations of an agent and what constitutes a deviation from his charge. Conflicts between the agent and his client's creditors
Chapter 2. Persons eligible to act as agents. Difference between a broker and an agent. Liability for goods taken in consignment. The agent's liability in case of accident
Chapter 3. Power of attorney
Chapters 4–5. Manner of entering into a partnership, the terms as to investment, profits and loss, the rights and obligations of partners vis-à-vis each other, and the dissolution of the partnership. Partnership with a heathen
Chapters 6–8. The type of partnership termed ‘esek. The rights and obligations of the parties. The status of a partnership in which the terms are explicitly stated and where the terms are not stated explicitly. Investment of animals and fields
Chapters 9–10. Oaths in case of litigations with partners, trustees, executors, or a wife who transacted business on behalf of her husband

Treatise Five: Slaves
Chapter 1. Definition of a Hebrew slave. Conditions under which an Israelite can become a slave. How he may be sold and to whom. The treatment due a Hebrew slave. The applicability of the laws of slavery today
Chapter 2. Modes of acquisition of title to Hebrew slaves. A slave who flees or is sick, when he is to make up for lost time. Modes whereby a Hebrew slave acquires his freedom
Chapter 3. Rights and obligations of the master. The right of the master to give his Hebrew slave a heathen bondwoman for a concubine. The law of boring. Difference between a Hebrew slave who sells himself and one whom the court sells. Gratuities due a Hebrew slave when he becomes free
Chapter 4. The modes of acquisition of a Hebrew female slave and how she acquires her freedom. The right of a father to sell his minor daughter into slavery
Chapter 5. The mode of acquisition of title to a heathen slave and how he acquires his freedom
Chapter 6. Deed of manumission, the wording thereof, its delivery, and the witnesses necessary thereto. Comparison of this writ to a writ of divorce and other deeds
Chapter 7. Things that invalidate a writ of manumission. Two slaves freed with one writ. Emancipation of half a slave. The law concerning one who is half slave and half free
Chapter 8. Actions that cause a slave to become free. A slave who escapes from another country to the Land of Israel. An abandoned slave. A slave bought from a heathen who refuses to submit to the religious duties incumbent upon slaves. A slave who flees from prison or who is taken captive or who is mortgaged for a debt. Acts of the master that would indicate his intention to free his slave. A heathen slave who performs an act that would indicate his acceptance of the Jewish faith before the master buying him has a chance to take possession of him
Chapter 9. The status of slaves' offspring. Who can become a heathen slave. The status of captives and those sold into slavery by the government as a penalty for crime. The eligibility of women to buy and own slaves. The legitimacy of emancipating slaves. The duty of the master to support his slaves. The treatment of heathen slaves

Glossary of Technical Terms

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