abba
2101 occurrences across the corpus
The Jerusalem Talmud
HALAKHAH: Rebbi Yasa in the name of Rebbi Joḥanan: They stated it for touchings. Rebbi Ze`ira asked before Rebbi Yasa, from where did this garment become impure by support? He told him, explain it that the vulgar’s wife sat on it naked. Samuel bar Abba asked before Rebbi Ze`ira: As you are saying there, there is no “support” for profane food but there is “support” for profane food by touching, similarly there is no load for profane food but there is load for profane food by touching. Rebbi Samuel the brother of Rebbi Hoshaia said, Rebbi Jeremiah asked, if she sat on a chair and touched it? As you look at it, if load, there is load; it touching there is touching. As you are saying about load, on condition that most of it be carried, similarly if most of it be touched?
HALAKHAH: “Sancta are more stringent than heave,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan, because eaters of heave are vigilant but eaters of sancta are not vigilant. Rebbi Ḥanania said before Rebbi Mana, is that eminence? If it were a thing equal for both but impure for one and pure for the other, that would be eminence. He said to him, explain it if it is connected to sancta. Rebbi La in the name of Rebbi Joḥanan, if the impure was [heavy] a lb. one does not immerse it. Abba Shaul said, also for heave one immerses only a basked or a willow-basket. Rebbi Joḥanan said, Abba Shaul and Rebbi Simeon said the same, as we have stated there, “if one holds a human or vessels and immerses them, they are impure, but if he had rinsed his hands in water they are pure. Rebbi Simeon said, he should hold them loosely so the water may come into them.” Rebbi Joḥanan said, it is reasonable that Rebbi Joḥanan would agree with Abba Shaul but Abba Shaul not with Rebbi Simeon. The rabbis of Caesarea in the name of Rebbi Joḥanan: Practice follows Abba Shaul. It was stated thus: Practice follows his words. Rebbi Jonah said, the Mishnah is Rebbi Meïr’s, but the words of the Sages are that one acts thus even for sancta, since finger-holes are no interior; for vessels of sancta all is interior.
HALAKHAH: “Sancta are more stringent than heave,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan, because eaters of heave are vigilant but eaters of sancta are not vigilant. Rebbi Ḥanania said before Rebbi Mana, is that eminence? If it were a thing equal for both but impure for one and pure for the other, that would be eminence. He said to him, explain it if it is connected to sancta. Rebbi La in the name of Rebbi Joḥanan, if the impure was [heavy] a lb. one does not immerse it. Abba Shaul said, also for heave one immerses only a basked or a willow-basket. Rebbi Joḥanan said, Abba Shaul and Rebbi Simeon said the same, as we have stated there, “if one holds a human or vessels and immerses them, they are impure, but if he had rinsed his hands in water they are pure. Rebbi Simeon said, he should hold them loosely so the water may come into them.” Rebbi Joḥanan said, it is reasonable that Rebbi Joḥanan would agree with Abba Shaul but Abba Shaul not with Rebbi Simeon. The rabbis of Caesarea in the name of Rebbi Joḥanan: Practice follows Abba Shaul. It was stated thus: Practice follows his words. Rebbi Jonah said, the Mishnah is Rebbi Meïr’s, but the words of the Sages are that one acts thus even for sancta, since finger-holes are no interior; for vessels of sancta all is interior.
HALAKHAH: “Sancta are more stringent than heave,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan, because eaters of heave are vigilant but eaters of sancta are not vigilant. Rebbi Ḥanania said before Rebbi Mana, is that eminence? If it were a thing equal for both but impure for one and pure for the other, that would be eminence. He said to him, explain it if it is connected to sancta. Rebbi La in the name of Rebbi Joḥanan, if the impure was [heavy] a lb. one does not immerse it. Abba Shaul said, also for heave one immerses only a basked or a willow-basket. Rebbi Joḥanan said, Abba Shaul and Rebbi Simeon said the same, as we have stated there, “if one holds a human or vessels and immerses them, they are impure, but if he had rinsed his hands in water they are pure. Rebbi Simeon said, he should hold them loosely so the water may come into them.” Rebbi Joḥanan said, it is reasonable that Rebbi Joḥanan would agree with Abba Shaul but Abba Shaul not with Rebbi Simeon. The rabbis of Caesarea in the name of Rebbi Joḥanan: Practice follows Abba Shaul. It was stated thus: Practice follows his words. Rebbi Jonah said, the Mishnah is Rebbi Meïr’s, but the words of the Sages are that one acts thus even for sancta, since finger-holes are no interior; for vessels of sancta all is interior.
HALAKHAH: “Sancta are more stringent than heave,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan, because eaters of heave are vigilant but eaters of sancta are not vigilant. Rebbi Ḥanania said before Rebbi Mana, is that eminence? If it were a thing equal for both but impure for one and pure for the other, that would be eminence. He said to him, explain it if it is connected to sancta. Rebbi La in the name of Rebbi Joḥanan, if the impure was [heavy] a lb. one does not immerse it. Abba Shaul said, also for heave one immerses only a basked or a willow-basket. Rebbi Joḥanan said, Abba Shaul and Rebbi Simeon said the same, as we have stated there, “if one holds a human or vessels and immerses them, they are impure, but if he had rinsed his hands in water they are pure. Rebbi Simeon said, he should hold them loosely so the water may come into them.” Rebbi Joḥanan said, it is reasonable that Rebbi Joḥanan would agree with Abba Shaul but Abba Shaul not with Rebbi Simeon. The rabbis of Caesarea in the name of Rebbi Joḥanan: Practice follows Abba Shaul. It was stated thus: Practice follows his words. Rebbi Jonah said, the Mishnah is Rebbi Meïr’s, but the words of the Sages are that one acts thus even for sancta, since finger-holes are no interior; for vessels of sancta all is interior.
HALAKHAH: “Sancta are more stringent than heave,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan, because eaters of heave are vigilant but eaters of sancta are not vigilant. Rebbi Ḥanania said before Rebbi Mana, is that eminence? If it were a thing equal for both but impure for one and pure for the other, that would be eminence. He said to him, explain it if it is connected to sancta. Rebbi La in the name of Rebbi Joḥanan, if the impure was [heavy] a lb. one does not immerse it. Abba Shaul said, also for heave one immerses only a basked or a willow-basket. Rebbi Joḥanan said, Abba Shaul and Rebbi Simeon said the same, as we have stated there, “if one holds a human or vessels and immerses them, they are impure, but if he had rinsed his hands in water they are pure. Rebbi Simeon said, he should hold them loosely so the water may come into them.” Rebbi Joḥanan said, it is reasonable that Rebbi Joḥanan would agree with Abba Shaul but Abba Shaul not with Rebbi Simeon. The rabbis of Caesarea in the name of Rebbi Joḥanan: Practice follows Abba Shaul. It was stated thus: Practice follows his words. Rebbi Jonah said, the Mishnah is Rebbi Meïr’s, but the words of the Sages are that one acts thus even for sancta, since finger-holes are no interior; for vessels of sancta all is interior.
Rebbi Jonah in the name of Rebbi Ḥiyya bar Abba: It happened that seven Elders assembled in the valley of Rimmon. Who were they? Rebbi Meïr, and Rebbi Jehudah, and Rebbi Yose, and Rebbi Simeon, and Rebbi Neḥemiah, and Rebbi Eliezer ben Jacob, and Rebbi Joḥanan the Alexandrian. They said, how many distinctions have sancta compared to heave? Rebbi Meïr says, thirteen. Rebbi Yose says, twelve. Rebbi Meïr said, so I heard from Rebbi Aqiba, thirteen. Rebbi Joḥanan the Alexandrian said, I served Rebbi Aqiba standing more than you served sitting. They said, Rebbi Joḥanan the Alexandrian is a true Alexandrian. They rose kissing, and if any of them had no kaftan, his colleague cut half of his kaftan and gave it to him. And why did they do this? Because all of them were explaining the following verse, each one in seven ways: I shall sing to my beloved, my beloved’s song for his vineyard. They acclaimed the last one for the versions he found in it. They said, this was Rebbi Simeon ben Yoḥai. Why were they exerting themselves in this matter? They were explaining, saying, molten gods you shall not make for yourself. What is written next? The holiday of unleavened bread you shall observe. They said, anybody able to intercalate a year and he does not intercalate is as if he worshipped strange gods. When they were leaving they said, come and let us record our act. A rock of marble was there. Each of them took a nail and fixed it in it; it descended and sank in as in dough. Until now it is called the rock of nails.
Rebbi Joḥanan said, the finger-holes which they mentioned, whether inside or outside, in the manner in which cleanly people hold it. Rebbi Ze`ira said, “it is impossible to say, about one which is wiped dry, for hands are not made impure by anything wiped dry. In truth it is impossible to say, if it is full of fluid, for in the moment he touched it he made it impure. But we must hold that [it was dirtied] by fluid.” Rebbi Joḥanan in the name of Rebbi Banaiah: They treated fluid in a finger-hole like fluid at the slaughtering place. As you are saying there that fluids of the slaughtering place are pure at their proper place but impure at any other place, [so here, fluids in a finger-hole are pure at their proper place but impure at any other place.] Rebbi Simon in the name of Rebbi Joshua ben Levi: fluids of the slaughtering place which came outside {the Temple courtyards} become impure. But did we not state, fluids of the slaughtering place which came outside continue in their sanctity? Rebbi Yose said, Rebbi Simon explained it. Rebbi Ḥinena, Rebbi Simon in the name of Rebbi Joshua ben Levi. If they came out and returned. If the upper fluid became impure and flowed down, Rebbi Abba and Rebbi Abun bar Ḥiyya. One said, at its place it is pure, if it flows down it is impure. The other one said, since it comes from purity it is pure.
“He who carries “support” may carry heave but not sancta. Rebbi Abba in the name of Rav Jehudah, because of a happening. It happened to a person that his amphora sprung a leak and he plugged it with his sandal. Rebbi Ze`ira, Rebbi Yasa in the name of Rebbi Eleazar: If he transgressed and carried it, it is pure. This follows what Rebbi Eleazar said: some say, he shall not carry; if he transgressed and carried it is impure. [But some say,] he shall not carry; if he transgressed and carried it is pure. Rebbi Ze`ira said in front of Rebbi Mana does this not imply that they made his body not like a sufferer from gonorrhea? [If you would say, they made his body not like a sufferer from gonorrhea,] then if he transgressed and carried he would be impure. He answered him, explain it if it is connected to sancta.
Rebbi Jonathan in the name of Rebbi: If somebody eats food which is third degree impure for heave, his body is disqualified from eating heave. Rebbi Samuel bar Rav Isaac asked, how? Rebbi follows Rebbi Eliezer? As we have stated there, “He who eats food impure in the first degree is impure in the first degree. He who eats food impure in the second degree is impure in the second degree. He who eats food impure in the third degree is impure in the third degree.” It is everybody’s opinion, so he should stay away from heave. And similarly, if somebody eats food which is second degree impure for tithe, is his body disqualified from eating tithe? Let us hear from the following: “But the Sages forbid for tithe.” They had not heard that Rebbi Samuel said in the name of Rebbi Ze`ira, what means “but the Sages forbid for tithe”? His body is disqualified from eating tithe. And similarly, if somebody eats food which is fourth degree impure for sancta, is his body disqualified from eating sancta? Let us hear from the following, as Rebbi Jeremiah said in the name of Rebbi Abba bar Mamal, they made him like one eating fourth degree impure food for sancta. This implies, if somebody eats food which is fourth degree impure for sancta, his body is disqualified from eating sancta. So far in Temple sancta which were sanctified. Or also for profane food prepared in the standards of sancta? Let us hear from the following, [as we stated there]: “If somebody slaughters domestic animals, wild animals, or birds, and no blood came out from them, they are qualified and may be eaten with unclean hands, since they were not prepared by blood. Rebbi Simeon says, they were prepared by slaughter.” Rebbi Eleazar in the name of Rebbi Hoshaia: The Mishnah is about profane food prepared in the standards of sancta following Rebbi Joshua. Rebbi Ze`ira, Rebbi Yasa, Rebbi Joḥanan, Rebbi Yannai in the name of Rebbi: If somebody eats food which is third degree impure for heave, his body is disqualified from eating heave. Is that not a Mishnah that third degree impurity is second degree impurity for sancta? The Mishnah is about Temple sancta which were sanctified. He tells you in addition, even for profane food prepared in the standards of sancta. Rebbi Abun bar Ḥiyya said before Rebbi Ze`ira: The Mishnah says so, “loaves of sancta bread; the water in their cavities is sanctified.” Does it displease you that it comes to tell you that he makes fluid by your pronouncement like sanctified fluid? Rebbi Ze`ira said, as you are saying there, one made one pure for the ashes of the Red Cow equal to the water for the ashes of the Red Cow and to the ashes of the Red Cow, and here one made fluid by your pronouncement like sanctified fluid. Rebbi Ze`ira, Rebbi Yasa, Rebbi Joḥanan, Rebbi Yannai, and it is unknown whether this is in the name of Rebbi: There is a Mishnah which is both confirmation and disproof. From it confirmation: “For third degree impurity is second degree impurity for sancta, but not second degree impurity for heave, if it was prepared by the standards of heave.” But if it was prepared in the standards of sancta, his body is second degree impure for sancta. From it disproof: For third degree impurity is second degree impurity for sancta, but not second degree impurity for heave, if it was prepared by the standards of sancta. But if it was prepared in the standards of heave, his body is second degree impure for heave and a fortiori for sancta.
There we have stated: “The deep mourner touches but may not sacrifice nor take his part of meat in the evening.” There you are saying, he may touch. But here you are saying, he is forbidden to touch. Rebbi Yannai said, here when he put his mind to other things, but there if he did not put his mind to other things. Rebbi Yose asked, if he put his mind to other things should he not also be forbidden heave? How is this? As Rebbi Jeremiah said in the name of Rebbi Abba bar Mamal: They treated him like one who ate food which was of fourth degree for sancta. This implies that one who ate food which was of fourth degree for sancta is forbidden to eat but permitted to touch. And here he is forbidden to eat but permitted to touch. There we have stated: “For the House of Shammai are saying, she needs immersion at the end, but the House of Hillel are saying, she does not need immersion at the end.” Where do we hold? If about eating heave it is difficult for the House of Shammai; if about eating sancta it is difficult for the House of Hillel. Does she not lack expiation? Do people lacking expiation not need immersion for sancta? If you are saying that there one holds about heave, regarding what we have stated here the first part is everybody’s opinion and the second part in dispute. If you are saying that here one holds about heave, regarding what we have stated there the first part is everybody’s opinion and the second part in dispute. Rebbi Samuel bar Eudaimon said before Rebbi Mana, we are dealing with heave. There the reason of the House of Shammai is because of the unlearned, that they should not say, we saw a woman losing blood and eating heave.
HALAKHAH: Do vessels need immersion? Rebbi Abba said, I am saying that possibly one of the vessels there was not sprinkled upon. Then should we not suspect all of them? Rebbi Abun bar Ḥiyya said, I am saying that there was one of the Cohanim who left to speak with a woman about her nest and a drop of spittle fell on his clothing from her mouth and made him impure. Then should we not suspect all of them? Explain it if it became impure by fluids of uncertain status. There we have stated: “Fluids of uncertain status, to become impure they are impure, to make impure they are pure.” There about heave, here about sancta. One is restrictive for sancta.
HALAKHAH: There, we have stated: “Rebbi Eleazar ben Azariah forbids unless he raises or lowers by three {hand-breadths} or puts it on a rock.” One may give two explanations. If he had a small amount{of manure} in his house from before the Sabbatical and he wants to transport it to his field during the Sabbatical, he may continuously add to it after the sinning sinners stopped. Rebbi Eleazar ben Azariah forbids it. What is the reason of Rebbi Eleazar ben Azariah? Maybe there will be no more manure and it turns out that he fertilizes that place. It turns out that Rebbi Eleazar ben Azariah parallels Rebbi Yose. Just as Rebbi Yose says, manure is not easily found, so Rebbi Eleazar ben Azariah says, manure is not easily found. One may give another explanation: If he had a small amount{of manure} in his house from before the Sabbatical and he wants to transport it to his field during the Sabbatical, he may continuously add to it after the sinning sinners stopped. Rebbi Eleazar ben Azariah forbids it. What is the reason of Rebbi Eleazar ben Azariah? Maybe there will be no more manure and it turns out that he fertilizes that place. Is it not already fertilized from before the Sabbatical? Rebbi Jeremiah, Rebbi Abun bar Ḥiyya in the name of Rebbi Abba bar Mamal: because of the bad impression, unless he transports ten boxes together. Do the rabbis not care about bad impressions? Rebbi Idi said his stick, his basket, and his shovel prove that he intends to make a dungheap. Rebbi Yose ben Rebbi Abun applied these traditions from here, as we have stated: “Rebbi Eleazar ben Azariah says, one does not make new water canals on the holiday or in the Sabbatical year.” Rebbi Jeremiah said, because he would prepare its banks to be sown. Rebbi Jeremiah, Rebbi Abun bar Ḥiyya in the name of Rebbi Abba bar Mamal: because of the bad impression. They wanted to say, the one who says there “because of the bad impression” also here “because of the bad impression”. The one who says there “because he would prepare its banks to be sown”, what would you have here? The only answer would be, “maybe there will be no more manure and it turns out that he fertilizes that place.” What is the difference between them? If he dug a water canal for a building. They wanted to say that the one who said there “because of the bad impression” also here “because of the bad impression”. The one who says here “because he would prepare its banks to be sown”, clearly here its banks will not be prepared to be sown. Everybody agrees that if he assembled there stones, pebbles, lime, or cement it is permitted.
HALAKHAH: There, we have stated: “Rebbi Eleazar ben Azariah forbids unless he raises or lowers by three {hand-breadths} or puts it on a rock.” One may give two explanations. If he had a small amount{of manure} in his house from before the Sabbatical and he wants to transport it to his field during the Sabbatical, he may continuously add to it after the sinning sinners stopped. Rebbi Eleazar ben Azariah forbids it. What is the reason of Rebbi Eleazar ben Azariah? Maybe there will be no more manure and it turns out that he fertilizes that place. It turns out that Rebbi Eleazar ben Azariah parallels Rebbi Yose. Just as Rebbi Yose says, manure is not easily found, so Rebbi Eleazar ben Azariah says, manure is not easily found. One may give another explanation: If he had a small amount{of manure} in his house from before the Sabbatical and he wants to transport it to his field during the Sabbatical, he may continuously add to it after the sinning sinners stopped. Rebbi Eleazar ben Azariah forbids it. What is the reason of Rebbi Eleazar ben Azariah? Maybe there will be no more manure and it turns out that he fertilizes that place. Is it not already fertilized from before the Sabbatical? Rebbi Jeremiah, Rebbi Abun bar Ḥiyya in the name of Rebbi Abba bar Mamal: because of the bad impression, unless he transports ten boxes together. Do the rabbis not care about bad impressions? Rebbi Idi said his stick, his basket, and his shovel prove that he intends to make a dungheap. Rebbi Yose ben Rebbi Abun applied these traditions from here, as we have stated: “Rebbi Eleazar ben Azariah says, one does not make new water canals on the holiday or in the Sabbatical year.” Rebbi Jeremiah said, because he would prepare its banks to be sown. Rebbi Jeremiah, Rebbi Abun bar Ḥiyya in the name of Rebbi Abba bar Mamal: because of the bad impression. They wanted to say, the one who says there “because of the bad impression” also here “because of the bad impression”. The one who says there “because he would prepare its banks to be sown”, what would you have here? The only answer would be, “maybe there will be no more manure and it turns out that he fertilizes that place.” What is the difference between them? If he dug a water canal for a building. They wanted to say that the one who said there “because of the bad impression” also here “because of the bad impression”. The one who says here “because he would prepare its banks to be sown”, clearly here its banks will not be prepared to be sown. Everybody agrees that if he assembled there stones, pebbles, lime, or cement it is permitted.
HALAKHAH: Simeon bar Abba in the name of Rebbi Joḥanan: Because of refraining from being fruitful and increase. They asked before Rebbi Yose: May a slave marry a woman on a holiday? He told them, let us hear from the following: “One who is half a slave and half a free man.” And Rebbi Simeon bar Abba said in the name of Rebbi Joḥanan: Because of refraining from being fruitful and increase. This implies that a slave is commanded to be fruitful and multiply and anybody commanded to be fruitful and multiply is forbidden to marry on a holiday
HALAKHAH: Simeon bar Abba in the name of Rebbi Joḥanan: Because of refraining from being fruitful and increase. They asked before Rebbi Yose: May a slave marry a woman on a holiday? He told them, let us hear from the following: “One who is half a slave and half a free man.” And Rebbi Simeon bar Abba said in the name of Rebbi Joḥanan: Because of refraining from being fruitful and increase. This implies that a slave is commanded to be fruitful and multiply and anybody commanded to be fruitful and multiply is forbidden to marry on a holiday
Rebbi Ila, Rebbi Eleazar in the name of Rebbi Ḥanina: Because one does not mix one joy with another joy. Rebbi La understood it from the following: For they celebrated the initiation of the altar for seven days and the holiday for seven days. Rebbi Jacob bar Aḥa understood it from the following: finish the week of this one. Rebbi Abbahu in the name of Rebbi Eleazar: Because of the exertion. It was stated: But one may plan and marry on the eve of a holiday. This does not disagree with Rebbi Eleazar; this does not disagree with Rebbi Joḥanan. And even with Rebbi Ḥanina it does not disagree. Rebbi Abba said, when the bride enters the exertion leaves.
“One tightens.” Rebbi Yasa said, Ḥizqiah and Rebbi Joḥanan disagree. Ḥisqiah said: making a lattice, warp and woof; tightening, either warp or woof. Rebbi Joḥanan said: making a lattice, either warp or woof; tightening, if it is loose he tightens it. Rebbi Ḥiyya bar Abba said, everybody agrees that making a lattice means warp and woof. Where do they disagree? About tightening. Ḥisqiah said: either warp or woof; Rebbi Joḥanan said: if it is loose he tightens it. Rebbi Yasa instructed Samuel bar Ḥanina that “making a lattice” means warp and woof. We do not know whether this follows Ḥizqiah or it follows Rebbi Ḥiyya bar Abba and everybody’s opinion. Rebbi Abun bar Ḥiyya said before Rebbi Ze`ira: a Mishnah says so that making a lattice means warp and woof, as we have stated there, “when is the rope connected to the bed? If he plaited three boxes.” Could you say warp without woof or woof without warp? Could one pitch woof and make a lattice?
“One tightens.” Rebbi Yasa said, Ḥizqiah and Rebbi Joḥanan disagree. Ḥisqiah said: making a lattice, warp and woof; tightening, either warp or woof. Rebbi Joḥanan said: making a lattice, either warp or woof; tightening, if it is loose he tightens it. Rebbi Ḥiyya bar Abba said, everybody agrees that making a lattice means warp and woof. Where do they disagree? About tightening. Ḥisqiah said: either warp or woof; Rebbi Joḥanan said: if it is loose he tightens it. Rebbi Yasa instructed Samuel bar Ḥanina that “making a lattice” means warp and woof. We do not know whether this follows Ḥizqiah or it follows Rebbi Ḥiyya bar Abba and everybody’s opinion. Rebbi Abun bar Ḥiyya said before Rebbi Ze`ira: a Mishnah says so that making a lattice means warp and woof, as we have stated there, “when is the rope connected to the bed? If he plaited three boxes.” Could you say warp without woof or woof without warp? Could one pitch woof and make a lattice?
“Any preserves of which one can eat on the holiday one makes.” Therefore not preserves of which one cannot eat on the holiday. Rebbi Abba said, this you are saying if they would not spoil. But things apt to spoil are permitted. It was stated: One may not go out and collect greenery which is not usually eaten on the holiday and sell it on the market. Rav Hoshaia said, if you would say so you would permit professional work on the holiday. But did not Rebbi Abba say, this you are saying if they would not spoil; but things apt to spoil are permitted? The baraita if he collected it on the holiday; what Rebbi Abba said if he collected it on the eve of the holiday.
“Any preserves of which one can eat on the holiday one makes.” Therefore not preserves of which one cannot eat on the holiday. Rebbi Abba said, this you are saying if they would not spoil. But things apt to spoil are permitted. It was stated: One may not go out and collect greenery which is not usually eaten on the holiday and sell it on the market. Rav Hoshaia said, if you would say so you would permit professional work on the holiday. But did not Rebbi Abba say, this you are saying if they would not spoil; but things apt to spoil are permitted? The baraita if he collected it on the holiday; what Rebbi Abba said if he collected it on the eve of the holiday.
“Any preserves of which one can eat on the holiday one makes.” Therefore not preserves of which one cannot eat on the holiday. Rebbi Abba said, this you are saying if they would not spoil. But things apt to spoil are permitted. It was stated: One may not go out and collect greenery which is not usually eaten on the holiday and sell it on the market. Rav Hoshaia said, if you would say so you would permit professional work on the holiday. But did not Rebbi Abba say, this you are saying if they would not spoil; but things apt to spoil are permitted? The baraita if he collected it on the holiday; what Rebbi Abba said if he collected it on the eve of the holiday.
Rebbi Abba bar Mamal said, If there were somebody who would vote with me, I would permit to sell firstling meat by the pound and I would permit to work on the intermediate days of the holiday. They only forbade to sell firstling meat by the pound so it should be sold cheaply; but they are tricky about it and selling it dearly. They only forbade to work on the intermediate days of the holiday so they should eat, and drink, and exert themselves in Torah; but they eat, and drink, and behave wantonly.
It was stated in the name of Rebbi Jehudah: Shaving is forbidden to someone who comes from overseas. Rebbi Jehudah follows his own opinion since Rebbi Jehudah said, it is forbidden to sail on the ocean. Then a Cohen who left for outside the Land and left against the will of the Sages should be forbidden to shave. A Cohen came to Rebbi Ḥanina. He said to him, may one leave for Tyre for as religious obligation, to give ḥaliṣah or to enter levirate marriage? He answered him, this man’s brother left; praised be the Omnipresent Who smote him. And you want to do what he did. Some want to say, so he spoke to him: This man’s brother disdained his mother’s bosom and embraced another’s bosom, and you want to do what he did. Simeon bar Abba came to Rebbi Ḥanina and asked him to write a letter of recommendation so he could leave for his sustenance outside the Land. He said to him, tomorrow I shall go to your forefathers; they would say to me, one desirable plant we had in the Land of Israel and you permitted it to leave the Land.
Who permits? Did we not state, if one of the excommunicators died one may not permit him? Rebbi Joshua ben Levi said, this you are saying in the absence of a Patriarch. But if there is a Patriarch, the Patriarch permits. Rebbi Jacob bar Aḥa in the name of Rebbi Abba bar Mamal: It happened that one of the excommunicators died and they did not permit him. Did not Rebbi Joshua ben Levi say, this you are saying in the absence of a Patriarch, but if there is a Patriarch, the Patriarch permits? What Rebbi Jacob bar Aḥa in the name of Rebbi Abba bar Mamal said is confirmed if he did not reform. Rebbi Jacob bat Abbay in the name of Rav Sheshet: At Usha they voted not to excommunicate an ordained rabbi. This parallels what Rebbi Samuel said in the name of Rebbi Abbahu: One does not strip an ordained rabbi who is guilty of something of his title but tells him, respect yourself and sit in your house. Rebbi Jacob bat Abbay in the name of Rebbi Aḥa: One treats an ordained rabbi who forgot his learning by an act of God with the holiness of the Ark. Rebbi Aḥa, Rebbi Tanḥum, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Excommunication by an ordained rabbi who excommunicated for his personal benefit is no excommunication.
Who permits? Did we not state, if one of the excommunicators died one may not permit him? Rebbi Joshua ben Levi said, this you are saying in the absence of a Patriarch. But if there is a Patriarch, the Patriarch permits. Rebbi Jacob bar Aḥa in the name of Rebbi Abba bar Mamal: It happened that one of the excommunicators died and they did not permit him. Did not Rebbi Joshua ben Levi say, this you are saying in the absence of a Patriarch, but if there is a Patriarch, the Patriarch permits? What Rebbi Jacob bar Aḥa in the name of Rebbi Abba bar Mamal said is confirmed if he did not reform. Rebbi Jacob bat Abbay in the name of Rav Sheshet: At Usha they voted not to excommunicate an ordained rabbi. This parallels what Rebbi Samuel said in the name of Rebbi Abbahu: One does not strip an ordained rabbi who is guilty of something of his title but tells him, respect yourself and sit in your house. Rebbi Jacob bat Abbay in the name of Rebbi Aḥa: One treats an ordained rabbi who forgot his learning by an act of God with the holiness of the Ark. Rebbi Aḥa, Rebbi Tanḥum, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Excommunication by an ordained rabbi who excommunicated for his personal benefit is no excommunication.
Mustachios and cutting fingernails. There are Tannaim who state, permitted on a holiday and forbidden in mourning. There are Tannaim who state, forbidden on a holiday and permitted in mourning. He who said permitted on a holiday, if there happens to be a holiday; and forbidden in mourning, if there is no holiday. He who said forbidden on a holiday, if it involves trickery; and permitted in mourning, without trickery. Rav Ḥiyya bar Ashi in the name of Rav: practice follows him who is lenient at both occasions. Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: practice follows him who is lenient in the rules of mourning. Rav said, the lips follow cutting fingernails in all respects. Rebbi Jeremiah said, only if they interfere. Rebbi Isaac bar Naḥman in the name of Rebbi Ḥanina: A pair came before Rebbi about lips and cutting fingernails and Rebbi permitted it to them. Rebbi Simon in the name of Rebbi Ḥanina: There were two pairs, one from Amatheh and one from Yedid-Aleh, one about lips and one about cutting fingernails, and Rebbi permitted to them. As the following. The sister of Rebbi Samuel bar Abba died and he was sitting cutting his fingernails. Rebbi Eleazar visited him and he did not cover them. Rebbi Nathan bar Abba visited him and he was covering them. He said to him, you did not cover them in front of Rebbi Eleazar; but in front of me you are covering them? He answered him, do you think that you are as dear to me as Rebbi Eleazar?
Mustachios and cutting fingernails. There are Tannaim who state, permitted on a holiday and forbidden in mourning. There are Tannaim who state, forbidden on a holiday and permitted in mourning. He who said permitted on a holiday, if there happens to be a holiday; and forbidden in mourning, if there is no holiday. He who said forbidden on a holiday, if it involves trickery; and permitted in mourning, without trickery. Rav Ḥiyya bar Ashi in the name of Rav: practice follows him who is lenient at both occasions. Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: practice follows him who is lenient in the rules of mourning. Rav said, the lips follow cutting fingernails in all respects. Rebbi Jeremiah said, only if they interfere. Rebbi Isaac bar Naḥman in the name of Rebbi Ḥanina: A pair came before Rebbi about lips and cutting fingernails and Rebbi permitted it to them. Rebbi Simon in the name of Rebbi Ḥanina: There were two pairs, one from Amatheh and one from Yedid-Aleh, one about lips and one about cutting fingernails, and Rebbi permitted to them. As the following. The sister of Rebbi Samuel bar Abba died and he was sitting cutting his fingernails. Rebbi Eleazar visited him and he did not cover them. Rebbi Nathan bar Abba visited him and he was covering them. He said to him, you did not cover them in front of Rebbi Eleazar; but in front of me you are covering them? He answered him, do you think that you are as dear to me as Rebbi Eleazar?
Mustachios and cutting fingernails. There are Tannaim who state, permitted on a holiday and forbidden in mourning. There are Tannaim who state, forbidden on a holiday and permitted in mourning. He who said permitted on a holiday, if there happens to be a holiday; and forbidden in mourning, if there is no holiday. He who said forbidden on a holiday, if it involves trickery; and permitted in mourning, without trickery. Rav Ḥiyya bar Ashi in the name of Rav: practice follows him who is lenient at both occasions. Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: practice follows him who is lenient in the rules of mourning. Rav said, the lips follow cutting fingernails in all respects. Rebbi Jeremiah said, only if they interfere. Rebbi Isaac bar Naḥman in the name of Rebbi Ḥanina: A pair came before Rebbi about lips and cutting fingernails and Rebbi permitted it to them. Rebbi Simon in the name of Rebbi Ḥanina: There were two pairs, one from Amatheh and one from Yedid-Aleh, one about lips and one about cutting fingernails, and Rebbi permitted to them. As the following. The sister of Rebbi Samuel bar Abba died and he was sitting cutting his fingernails. Rebbi Eleazar visited him and he did not cover them. Rebbi Nathan bar Abba visited him and he was covering them. He said to him, you did not cover them in front of Rebbi Eleazar; but in front of me you are covering them? He answered him, do you think that you are as dear to me as Rebbi Eleazar?
A man lost his tefillin on the holiday. He came to Rebbi Ḥananel who sent him to Rebbi Abba bar Nathan. He said to him, give him your tefillin and go, write for yourself. Rav said to him, go and write for him. The Mishnah disagrees with Rav: “a person may write tefillin and mezuzot for himself,” therefore not for others. He explains it: writing for supply.
It was stated: These are the words of Abba Shaul. Rav Jehudah in the name of Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan: Practice follows Abba Shaul. Rebbi Abba in the name of Rav: The word of Abba Shaul: both days and decrees are cancelled. But the words of the Sages: the days are cancelled but the decrees are not cancelled. What is the difference between them? Rav Ḥuna said, the eve of a holiday is between them. If he shaved before the holiday he may shave after the holiday. If he did not shave before the holiday he may not shave after the holiday. Rebbi Joḥanan said, even if he did not shave before the holiday he may shave after the holiday. Rebbi Eleazar instructed Rebbi Simeon bar Abba to shave after the holiday, but we do not know whether following Abba Shaul or following the consensus of the rabbis.
It was stated: These are the words of Abba Shaul. Rav Jehudah in the name of Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan: Practice follows Abba Shaul. Rebbi Abba in the name of Rav: The word of Abba Shaul: both days and decrees are cancelled. But the words of the Sages: the days are cancelled but the decrees are not cancelled. What is the difference between them? Rav Ḥuna said, the eve of a holiday is between them. If he shaved before the holiday he may shave after the holiday. If he did not shave before the holiday he may not shave after the holiday. Rebbi Joḥanan said, even if he did not shave before the holiday he may shave after the holiday. Rebbi Eleazar instructed Rebbi Simeon bar Abba to shave after the holiday, but we do not know whether following Abba Shaul or following the consensus of the rabbis.
It was stated: These are the words of Abba Shaul. Rav Jehudah in the name of Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan: Practice follows Abba Shaul. Rebbi Abba in the name of Rav: The word of Abba Shaul: both days and decrees are cancelled. But the words of the Sages: the days are cancelled but the decrees are not cancelled. What is the difference between them? Rav Ḥuna said, the eve of a holiday is between them. If he shaved before the holiday he may shave after the holiday. If he did not shave before the holiday he may not shave after the holiday. Rebbi Joḥanan said, even if he did not shave before the holiday he may shave after the holiday. Rebbi Eleazar instructed Rebbi Simeon bar Abba to shave after the holiday, but we do not know whether following Abba Shaul or following the consensus of the rabbis.
It was stated: These are the words of Abba Shaul. Rav Jehudah in the name of Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan: Practice follows Abba Shaul. Rebbi Abba in the name of Rav: The word of Abba Shaul: both days and decrees are cancelled. But the words of the Sages: the days are cancelled but the decrees are not cancelled. What is the difference between them? Rav Ḥuna said, the eve of a holiday is between them. If he shaved before the holiday he may shave after the holiday. If he did not shave before the holiday he may not shave after the holiday. Rebbi Joḥanan said, even if he did not shave before the holiday he may shave after the holiday. Rebbi Eleazar instructed Rebbi Simeon bar Abba to shave after the holiday, but we do not know whether following Abba Shaul or following the consensus of the rabbis.
It was stated: These are the words of Abba Shaul. Rav Jehudah in the name of Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan: Practice follows Abba Shaul. Rebbi Abba in the name of Rav: The word of Abba Shaul: both days and decrees are cancelled. But the words of the Sages: the days are cancelled but the decrees are not cancelled. What is the difference between them? Rav Ḥuna said, the eve of a holiday is between them. If he shaved before the holiday he may shave after the holiday. If he did not shave before the holiday he may not shave after the holiday. Rebbi Joḥanan said, even if he did not shave before the holiday he may shave after the holiday. Rebbi Eleazar instructed Rebbi Simeon bar Abba to shave after the holiday, but we do not know whether following Abba Shaul or following the consensus of the rabbis.
It was stated: These are the words of Abba Shaul. Rav Jehudah in the name of Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan: Practice follows Abba Shaul. Rebbi Abba in the name of Rav: The word of Abba Shaul: both days and decrees are cancelled. But the words of the Sages: the days are cancelled but the decrees are not cancelled. What is the difference between them? Rav Ḥuna said, the eve of a holiday is between them. If he shaved before the holiday he may shave after the holiday. If he did not shave before the holiday he may not shave after the holiday. Rebbi Joḥanan said, even if he did not shave before the holiday he may shave after the holiday. Rebbi Eleazar instructed Rebbi Simeon bar Abba to shave after the holiday, but we do not know whether following Abba Shaul or following the consensus of the rabbis.
Rebbi Eleazar instructed Simeon bar Abba: the holiday is counted in the count of thirty. Rebbi Yose said, we find that thirty precede seven: “The decree of seven is cancelled for him who buried his dead three days before the holiday.” He only said three, therefore not two. That is what you are saying, in private; but the public does not occupy themselves with him. It was stated this way: One who buried his dead three days during the holiday counts seven after the holiday. During the first three days the public occupies themselves with him; the last four days the public do not occupy themselves with him. His work is done by others and his slaves and animals work in privacy at other places. Does one visit him? Rebbi Jacob bar Idi in the name of Rebbi Ḥanina: Did they not say that there is no mourning on the Sabbath? Why did they say that one visits him? Not to honor? So here to honor. Similarly, one day before the holiday cancels the decree of two.
If he has nothing to eat, he cannot work on the first and second days. On the third day he works in privacy; but they said, a curse should come over his neighbors who forced him to this. Bar Qappara said, also on the third day he should not work anything. Bar Qappara follows his own opinion, since bar Qappara said the force of mourning is only up to three days. Rebbi Abba the son of Rebbi Pappai, Rebbi Joshua from Sikhnin in the name of Rebbi Levi: For three days the soul hovers over the body, thinking that she will return to it. When she sees that the looks of his face change, she abandons it and leaves. After three days the belly breaks open in front of his face and says to it, here [you have] what you robbed, and you wronged, and put into me. Rebbi Ḥaggai in the name of Rebbi Joshia brought it from here: I shall scatter excrement on your faces, even excrement of your holidays. At that moment, but his body will hurt him and his soul mourn for him. His sharecroppers, and his tenants, and his contractors do work; his agricultural workers, and his mariners, and his camel drivers do not work. Rebbi Joshua ben Levi said, if he had a cow associated in town, she works. Rebbi Yose said to him, this you are saying about one under contract; therefore not to start.
From where in the Torah that mourning is seven {days}? He organized seven days of mourning for his father. Can you infer anything from before the giving of the Torah? Rebbi Jacob bar Aḥa in the name of Rebbi Ze`ira understood it from the following: At the door of the Tent of Meeting you shall sit day and night for seven days, and keep the watch of the Eternal’ s sanctuary. Just as the Holy One, praise to Him, watched over His World for seven {days}, so you shall watch for your brothers for seven {days}. And from where that the Holy One, praise to Him, watched over His World for seven {days}? It was after seven days that the Deluge came over the world. May one mourn before the dying person dies? Only flesh and blood who do not know what will be in the future do not mourn until the dying person dies. But the Holy One, praise to Him, Who knows what will be in the future did first watch for His world. Some want to say, these are the seven days of mourning for Methusela the Just. Rebbi Hoshaia said, for the Eternal’s anointing oil is on you. Just as you were anointed with the anointing oil all of seven, so watch for your brothers all of seven. Rebbi Abbahu in the name of Rebbi Joḥanan: please let her not be like the dead. She shall be locked away. Just as the day of isolation for the dead are seven, so the days of quarantine are seven. One student reported this from Rebbi Joḥanan before Rebbi Simeon ben Laqish, who did not accept it. He said, here he uses it for isolation, but there he uses it for making absolute, as Rebbi Joḥanan said in the name of Rebbi Yannai, please let her not be like the dead: just as the days of the dead are not counted, so the days of being absolute are not counted. Rebbi Jeremiah and Rebbi Ḥiyya in the name of Rebbi Simeon ben Laqish; Rebbi Abbahu, Rebbi Yose ben Ḥanina in the name of Rebbi Simeon ben Laqish: the days of crying of the mourning for Moses ended. “The days”, seven. “Of crying”, two. “Mourning”, thirty. Some switch, “the days”, two, “of crying”, seven, “mourning”, thirty. Rebbi Yose, Rebbi Ḥiyya, and Rebbi Simeon ben Laqish in the name of Rebbi Judah the Patriarch: I shall turn your holiday into mourning. Since the days of Tabernacles are seven, also the days of mourning are seven. Rebbi Immi said to Rebbi Ḥiyya bar Abba: Maybe since the days of Tabernacles are eight, also the days of mourning are eight? He answered him, the eighth day is a separate holiday Or since Pentecost is one day, also mourning is one day? He answered him, from here about a deferred information. And it was stated such: Current information requires Seven and Thirty. Deferred information does not require Seven and Thirty.
It was stated: The following are forbidden to the mourner all Seven {days}: Washing, anointing, wearing shoes, sexual relations, grooming, washing clothes, reading in the Torah, studying Midrash, practices, and homiletics, greeting, and working. Who stated that the mourner is forbidden to take a bath during the entire Seven? Rebbi Nathan. Something happened to Rebbi Immi; he asked Rebbi Ḥiyya bar Abba who instructed him “all Seven days following Rebbi Nathan”. Something happened to Rebbi Yose; he sent to Rebbi Abba bar Cohen who said to him: Rebbi, did you not so teach us that something happened to Rebbi Immi, he asked Rebbi Simeon ben Laqish who instructed him “all Seven following Rebbi Nathan”. He said to him, maybe these were two separate incidents, we say it in the name of Rebbi Ḥiyya bar Abba, you say it in the name of Rebbi Simeon ben Laqish. And also from the following: Something happened to Rebbi Ḥama, father of Rav Hoshaya, he asked the rabbis and they forbade it. Rebbi Yose asked, which rabbis? The rabbis here or the rabbis in the South? If you say the rabbis of here, it is fine. If you would say the rabbis from the South, would he have asked minor authorities when greater ones were available to him? If you say the rabbis of the South, we would allow and they would forbid, as we have stated: “At a place where it is customary to bathe after a funeral, one may bathe; in the South one bathes.” Rebbi Yose ben Rebbi Abun said: He who permits that bath makes it like eating and drinking. That means, about a bath for pleasure. But a bath that is not for pleasure is permitted. Samuel bar Abba developed scab. They came and asked Rebbi Yasa, what is the rule, may he bathe? He said to them: If he does not bathe, would he not die? If he needs it, even on the Ninth of Av. If he needs it, even on Yom Kippur. They saw Rebbi Yose, son of Rebbi Ḥanina, immersing himself. They did not know whether it was for his emission, they did not know whether it was to cool down because bathing in cold water is not called bathing. Rebbi Abba bar Cohen instructed following this statement.
It was stated: The following are forbidden to the mourner all Seven {days}: Washing, anointing, wearing shoes, sexual relations, grooming, washing clothes, reading in the Torah, studying Midrash, practices, and homiletics, greeting, and working. Who stated that the mourner is forbidden to take a bath during the entire Seven? Rebbi Nathan. Something happened to Rebbi Immi; he asked Rebbi Ḥiyya bar Abba who instructed him “all Seven days following Rebbi Nathan”. Something happened to Rebbi Yose; he sent to Rebbi Abba bar Cohen who said to him: Rebbi, did you not so teach us that something happened to Rebbi Immi, he asked Rebbi Simeon ben Laqish who instructed him “all Seven following Rebbi Nathan”. He said to him, maybe these were two separate incidents, we say it in the name of Rebbi Ḥiyya bar Abba, you say it in the name of Rebbi Simeon ben Laqish. And also from the following: Something happened to Rebbi Ḥama, father of Rav Hoshaya, he asked the rabbis and they forbade it. Rebbi Yose asked, which rabbis? The rabbis here or the rabbis in the South? If you say the rabbis of here, it is fine. If you would say the rabbis from the South, would he have asked minor authorities when greater ones were available to him? If you say the rabbis of the South, we would allow and they would forbid, as we have stated: “At a place where it is customary to bathe after a funeral, one may bathe; in the South one bathes.” Rebbi Yose ben Rebbi Abun said: He who permits that bath makes it like eating and drinking. That means, about a bath for pleasure. But a bath that is not for pleasure is permitted. Samuel bar Abba developed scab. They came and asked Rebbi Yasa, what is the rule, may he bathe? He said to them: If he does not bathe, would he not die? If he needs it, even on the Ninth of Av. If he needs it, even on Yom Kippur. They saw Rebbi Yose, son of Rebbi Ḥanina, immersing himself. They did not know whether it was for his emission, they did not know whether it was to cool down because bathing in cold water is not called bathing. Rebbi Abba bar Cohen instructed following this statement.
It was stated: The following are forbidden to the mourner all Seven {days}: Washing, anointing, wearing shoes, sexual relations, grooming, washing clothes, reading in the Torah, studying Midrash, practices, and homiletics, greeting, and working. Who stated that the mourner is forbidden to take a bath during the entire Seven? Rebbi Nathan. Something happened to Rebbi Immi; he asked Rebbi Ḥiyya bar Abba who instructed him “all Seven days following Rebbi Nathan”. Something happened to Rebbi Yose; he sent to Rebbi Abba bar Cohen who said to him: Rebbi, did you not so teach us that something happened to Rebbi Immi, he asked Rebbi Simeon ben Laqish who instructed him “all Seven following Rebbi Nathan”. He said to him, maybe these were two separate incidents, we say it in the name of Rebbi Ḥiyya bar Abba, you say it in the name of Rebbi Simeon ben Laqish. And also from the following: Something happened to Rebbi Ḥama, father of Rav Hoshaya, he asked the rabbis and they forbade it. Rebbi Yose asked, which rabbis? The rabbis here or the rabbis in the South? If you say the rabbis of here, it is fine. If you would say the rabbis from the South, would he have asked minor authorities when greater ones were available to him? If you say the rabbis of the South, we would allow and they would forbid, as we have stated: “At a place where it is customary to bathe after a funeral, one may bathe; in the South one bathes.” Rebbi Yose ben Rebbi Abun said: He who permits that bath makes it like eating and drinking. That means, about a bath for pleasure. But a bath that is not for pleasure is permitted. Samuel bar Abba developed scab. They came and asked Rebbi Yasa, what is the rule, may he bathe? He said to them: If he does not bathe, would he not die? If he needs it, even on the Ninth of Av. If he needs it, even on Yom Kippur. They saw Rebbi Yose, son of Rebbi Ḥanina, immersing himself. They did not know whether it was for his emission, they did not know whether it was to cool down because bathing in cold water is not called bathing. Rebbi Abba bar Cohen instructed following this statement.
It was stated: The following are forbidden to the mourner all Seven {days}: Washing, anointing, wearing shoes, sexual relations, grooming, washing clothes, reading in the Torah, studying Midrash, practices, and homiletics, greeting, and working. Who stated that the mourner is forbidden to take a bath during the entire Seven? Rebbi Nathan. Something happened to Rebbi Immi; he asked Rebbi Ḥiyya bar Abba who instructed him “all Seven days following Rebbi Nathan”. Something happened to Rebbi Yose; he sent to Rebbi Abba bar Cohen who said to him: Rebbi, did you not so teach us that something happened to Rebbi Immi, he asked Rebbi Simeon ben Laqish who instructed him “all Seven following Rebbi Nathan”. He said to him, maybe these were two separate incidents, we say it in the name of Rebbi Ḥiyya bar Abba, you say it in the name of Rebbi Simeon ben Laqish. And also from the following: Something happened to Rebbi Ḥama, father of Rav Hoshaya, he asked the rabbis and they forbade it. Rebbi Yose asked, which rabbis? The rabbis here or the rabbis in the South? If you say the rabbis of here, it is fine. If you would say the rabbis from the South, would he have asked minor authorities when greater ones were available to him? If you say the rabbis of the South, we would allow and they would forbid, as we have stated: “At a place where it is customary to bathe after a funeral, one may bathe; in the South one bathes.” Rebbi Yose ben Rebbi Abun said: He who permits that bath makes it like eating and drinking. That means, about a bath for pleasure. But a bath that is not for pleasure is permitted. Samuel bar Abba developed scab. They came and asked Rebbi Yasa, what is the rule, may he bathe? He said to them: If he does not bathe, would he not die? If he needs it, even on the Ninth of Av. If he needs it, even on Yom Kippur. They saw Rebbi Yose, son of Rebbi Ḥanina, immersing himself. They did not know whether it was for his emission, they did not know whether it was to cool down because bathing in cold water is not called bathing. Rebbi Abba bar Cohen instructed following this statement.
It was stated: The following are forbidden to the mourner all Seven {days}: Washing, anointing, wearing shoes, sexual relations, grooming, washing clothes, reading in the Torah, studying Midrash, practices, and homiletics, greeting, and working. Who stated that the mourner is forbidden to take a bath during the entire Seven? Rebbi Nathan. Something happened to Rebbi Immi; he asked Rebbi Ḥiyya bar Abba who instructed him “all Seven days following Rebbi Nathan”. Something happened to Rebbi Yose; he sent to Rebbi Abba bar Cohen who said to him: Rebbi, did you not so teach us that something happened to Rebbi Immi, he asked Rebbi Simeon ben Laqish who instructed him “all Seven following Rebbi Nathan”. He said to him, maybe these were two separate incidents, we say it in the name of Rebbi Ḥiyya bar Abba, you say it in the name of Rebbi Simeon ben Laqish. And also from the following: Something happened to Rebbi Ḥama, father of Rav Hoshaya, he asked the rabbis and they forbade it. Rebbi Yose asked, which rabbis? The rabbis here or the rabbis in the South? If you say the rabbis of here, it is fine. If you would say the rabbis from the South, would he have asked minor authorities when greater ones were available to him? If you say the rabbis of the South, we would allow and they would forbid, as we have stated: “At a place where it is customary to bathe after a funeral, one may bathe; in the South one bathes.” Rebbi Yose ben Rebbi Abun said: He who permits that bath makes it like eating and drinking. That means, about a bath for pleasure. But a bath that is not for pleasure is permitted. Samuel bar Abba developed scab. They came and asked Rebbi Yasa, what is the rule, may he bathe? He said to them: If he does not bathe, would he not die? If he needs it, even on the Ninth of Av. If he needs it, even on Yom Kippur. They saw Rebbi Yose, son of Rebbi Ḥanina, immersing himself. They did not know whether it was for his emission, they did not know whether it was to cool down because bathing in cold water is not called bathing. Rebbi Abba bar Cohen instructed following this statement.
Overturning the beds sometimes is for six, five, four, three {days}. On Friday, six. On Friday before sundown, five. A holiday after the Sabbath, four. The two days of New Year, three. A student of Rebbi Mana instructed a relative of the Patriarch: after he uprights it he does not have to overturn again. How many days did he do it? Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: He did it for two days. Rebbi Abba, Rebbi Immi, Rebbi Jacob bar Zavdi in the name of Rebbi Isaac: three. Rebbi Ḥinena bar Pappus instructed to overturn it even for one day; but he saw in his dream because you rebelled. It was stated: One who stays in an inn does not have to overturn, so they should not say that he is a sorcerer.
If his father-in-law or his mother-in-law or one of his wife’s relatives died, he cannot force her neither to put on kohl, nor make-up but behaves with her just as she behaves. And so he, if her father-in-law or her mother-in-law or one of her husband’s relatives died, puts on neither kohl nor make-up but behaves with him just as he behaves. Samuel said, they said this only about his father-in-law or his mother-in-law. Rebbi Abba bar Cohen said before Rebbi Yose: Rebbi Judah bar Pazi in the name of Rebbi Joḥanan: If he dwells with him. Rebbi Yose met Rebbi Judah bar Pazi. He asked him, did you hear this from your father? He said to him, my father did not say so. In fact, the brother of Bar Nehemiah’s wife died. They came and asked him, does one have to overturn the bed? He told them, it is unnecessary. What about reading the Shema` and praying? He told them, let us understand from the following: If he was occupied digging a grave for a corpse and the time for reading the Shema` and praying arrived, he moves to a place of purity, puts on his tefillin, reads the Shema` and prays.
“Since they said, Sabbath is counted but does not interrupt, holidays interrupt but are not counted.” Rebbi Simon in the name of Rebbi Joḥanan: Because he is permitted sexual relations. Rebbi Jeremiah met Rebbi Judah ben Rebbi Simon. He said to him, (is that from) [so say] all students of Rebbi Joḥanan? Nobody heard this from him except your father. Rebbi Jacob said to him, if it was said, it only was said as one of the questionable statements. The word of Rebbi Joshua ben Levi implies that he is forbidden sexual relations. As Rebbi Simon said in the name of Rebbi Joshua ben Levi, even though they said that there is no mourning on a holiday, the public observe it in private. What means in private? That he is forbidden sexual relations. They objected: Since on a holiday he is forbidden sexual relations and it does not count, the Sabbath where he is forbidden sexual relations should not count. Rebbi Abba said, it is possible to have Seven without a holiday; it is impossible to have Seven without a Sabbath.
For his father, and for his mother, and for his teacher who taught him wisdom, from where? And Elisa saw, and he cried ‘my father, my father, chariot of Israel and its charioteers’. Rebbi Mattun asked before Rebbi Joḥanan: May one infer instruction from Elisa? He said to him Mattun, Mattun, just as a dead person from the moment he is deceased cannot see him, so also from the moment he disappeared he did not see him. In the same way one tears for the Sages so one tears for their students. Who is a student of the Sages? Ḥizqiah said, any who has studied practices up to the Torah. Rebbi Yose said to him, that you are saying for earlier ones. But today only practices. Rebbi Abbahu in the name of Rebbi Joḥanan: Any who neglects his business for his learning. It was stated: Any whom one asks and he answers. Rebbi Hoshaia said, for example, we, since our instructors supervise us and we answer them. Rebbi Abba bar Mamal said, any who can explain his Mishnah. But as relates to us, even our teachers are not wise to explain our Mishnah.
He who sees a dead scholar is like him who sees a Torah scroll burned. Rebbi Abbahu said, it should come over me if I tasted anything that whole day. Rebbi Jonah was in Tyre. He heard that Rebbi Abbahu’s son had died. Even though he had eaten and drunk water he kept it as fast day that whole day. Rebbi Abba and Rebbi Huna bar Ḥiyya were sitting. An ostrich came and snatched Rebbi Huna bar Ḥiyya’s tefillin. Rebbi Abba caught it and strangled it. Rebbi Huna bar Ḥiyya said to him, we almost came to burning the Torah. He said to him, do you still hold this? So said Rav Jeremiah in the name of Rav: One only rends his garment for a Torah scroll which an Israelite king burned forcibly, as e. g. Yehoyakim ben Josia the King of Judah. Ulla from Bireh, Rebbi Eleazar in the name of Rebbi Ḥanina: He who sees a Torah scroll burned has to rend his garment separately for the parchment and for the writing. What is the reason? After the king’s burning of the scroll and the words. The scroll, this is the parchment. And the words, that is the writing.
He who sees a dead scholar is like him who sees a Torah scroll burned. Rebbi Abbahu said, it should come over me if I tasted anything that whole day. Rebbi Jonah was in Tyre. He heard that Rebbi Abbahu’s son had died. Even though he had eaten and drunk water he kept it as fast day that whole day. Rebbi Abba and Rebbi Huna bar Ḥiyya were sitting. An ostrich came and snatched Rebbi Huna bar Ḥiyya’s tefillin. Rebbi Abba caught it and strangled it. Rebbi Huna bar Ḥiyya said to him, we almost came to burning the Torah. He said to him, do you still hold this? So said Rav Jeremiah in the name of Rav: One only rends his garment for a Torah scroll which an Israelite king burned forcibly, as e. g. Yehoyakim ben Josia the King of Judah. Ulla from Bireh, Rebbi Eleazar in the name of Rebbi Ḥanina: He who sees a Torah scroll burned has to rend his garment separately for the parchment and for the writing. What is the reason? After the king’s burning of the scroll and the words. The scroll, this is the parchment. And the words, that is the writing.
“And for Jerusalem, and for the Temple.” There came men from Sichem and from Shilo and from Samaria, eight men with shaved beards and torn garments, the first tear is one hand-breadth, the addition anything. One who was informed that Jerusalem was destroyed like one who sees Jerusalem in its destruction has to tear. He who sees Jerusalem from Mount Scopus has to tear. There are Tannaim who state, he adds to the tear. There are Tannaim who state, the first tear is one hand-breadth, the addition anything. There are Tannaim who state, the first tear is one hand-breadth, the addition three finger-breadths. Rebbi Yose, Rebbi Jeremiah in the name of Rebbi Ḥiyya bar Abba; Rebbi Ḥizkiah, Rebbi Jeremiah in the name of Rebbi Joḥanan: Practice follows him who said, the first tear is one hand-breadth, the addition anything.
From where that the mourner has to rend while standing? As it is written, Job rose, rent his coat, and shore his head. Rebbi Judah bar Pazi in the name of Rebbi Joḥanan: From here that the mourner has to rend while standing. As Rebbi Joḥanan said, Rebbi Yasa instructed to patch up the next day. When Rebbi Yasa died, Rebbi Ḥiyya bar Abba instructed to wear shoes on the same day. Rebbi Ze`ira said, they do not disagree. He who says to patch up the next day, one shall wear shoes the next day. He who says to wear shoes today one patches the same day.
They told him, Reuben died, and he rent. After that they said to him, it was Simeon. He already fulfilled his obligation tearing. They told him, Reuben died, and he rent. After that they said to him, he was alive but then died. There are Tannaim who state, he fulfilled his obligation tearing. There are Tannaim who state, he did not fulfill his obligation tearing. He who said, he fulfilled his obligation tearing; already he rent. He who said, he did not fulfill his obligation tearing, did he not rent about a living person? Furthermore, from what was stated: He rent but then his soul returned. If immediately, he does not have to rend. If after a delay he has to rend. What is immediately? The time for speech. What is the time for speech? Rebbi Simon in the name of Rebbi Joshua ben Levi: up to a greeting from one person to another. Abba bar bar Ḥana in the name of Rebbi Joḥanan: up to a greeting from a student to his teacher, that he would say: “peace be with you, my teacher.”
HALAKHAH: Rebbi Tanḥum bar Illai expired on Ḥanukkah. Rebbi Dosa expired on the New Month of Nisan. They made them outside. They thought, with the agreement of the rabbis. They investigated and found, not with the agreement of the rabbis. Rebbi Crispus expired on the holiday. They made him outside. They thought, with the agreement of Rebbi Immi. They investigated and found, not with the agreement of Rebbi Immi. Rebbi Ḥelbo, Rebbi Abba bar Zavda in the name of Rav: Even momentarily, from this: And Miriam died there and was buried there. But we see that the rabbis repeat the words. Rebbi Jeremiah said, the colleagues are careful and they will not deliver eulogies.
It turns out that Rebbi Ḥuna follows Abba Shaul, as we have stated: “Abba Shaul says, one who brings his sister-in-law into his house because of beauty or another reason commits intercourse of prostitution and the child is close to be a bastard.”
It turns out that Rebbi Ḥuna follows Abba Shaul, as we have stated: “Abba Shaul says, one who brings his sister-in-law into his house because of beauty or another reason commits intercourse of prostitution and the child is close to be a bastard.”
Does Abba Shaul hold with Rebbi Aqiba? Since Rebbi Aqiba said, there exists a bastard from a sister-in-law! What Rebbi Aqiba said refers to a sister-in-law who whored. What Abba Shaul said refers to his sister-in-law. It comes like Rebbi Yose ben Ḥalaphta since Rebbi Yose ben Ḥalaphta contracted a levirate marriage with his brother’s wife. He ploughed five times and planted five saplings and had intercourse using a bedsheet. These are they: Rebbi Ismael ben Rebbi Yose, Rebbi Eleazar ben Rebbi Yose, Rebbi Menaḥem ben Rebbi Yose, and Rebbi Ḥalaphta ben Rebbi Yose, Rebbi Eudaimon ben Rebbi Yose.
Does Abba Shaul hold with Rebbi Aqiba? Since Rebbi Aqiba said, there exists a bastard from a sister-in-law! What Rebbi Aqiba said refers to a sister-in-law who whored. What Abba Shaul said refers to his sister-in-law. It comes like Rebbi Yose ben Ḥalaphta since Rebbi Yose ben Ḥalaphta contracted a levirate marriage with his brother’s wife. He ploughed five times and planted five saplings and had intercourse using a bedsheet. These are they: Rebbi Ismael ben Rebbi Yose, Rebbi Eleazar ben Rebbi Yose, Rebbi Menaḥem ben Rebbi Yose, and Rebbi Ḥalaphta ben Rebbi Yose, Rebbi Eudaimon ben Rebbi Yose.
Isaac, the son of the isatis grower, said that Rebbi Simeon ben Laqish asked, should we state sixteen women? Ḥalîṣah frees her co-wife! Rebbi Jacob the Southerner said before Rebbi Yose, why was this not stated? Because of Rebbi Aqiba, since Rebbi Aqiba said there is a bastard from a woman who got ḥalîṣah. One should have stated it for the rabbis! We came to state only things everybody agreed to. It turns out that Isaac, the son of the isatis grower, holds with Rebbi Immi. Rebbi Yasa said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed. Rebbi Joḥanan said, he is not guilty for the woman who got ḥalîṣah, but the brothers are guilty for the woman who got ḥalîṣah. Both he and the brothers are guilty for the co-wife. Rebbi Simeon ben Laqish said, neither he nor the brothers are guilty for the woman who got ḥalîṣah or for the co-wife. Rebbi Immi switches the attributions. Rebbi Ze‘ira said before Rebbi Yasa, does not Rebbi Immi switch the attributions? But Rebbi Joḥanan had several opinions. Did Rebbi Simeon ben Laqish have several opinions? The statement of Isaac, the son of the isatis grower, supports Rebbi Immi and the statements of the rabbis support Rebbi Yasa, as both Rebbi Jeremiah, Rebbi Abba, said in the name of Rebbi Ḥiyya bar Abba: Everybody agrees about the co-wife that one is guilty. Where do they disagree? About the woman who got ḥalîṣah. Rebbi Joḥanan said, he is not guilty for the woman who got ḥalîṣah, but the brothers are guilty for the woman who got ḥalîṣah.
Isaac, the son of the isatis grower, said that Rebbi Simeon ben Laqish asked, should we state sixteen women? Ḥalîṣah frees her co-wife! Rebbi Jacob the Southerner said before Rebbi Yose, why was this not stated? Because of Rebbi Aqiba, since Rebbi Aqiba said there is a bastard from a woman who got ḥalîṣah. One should have stated it for the rabbis! We came to state only things everybody agreed to. It turns out that Isaac, the son of the isatis grower, holds with Rebbi Immi. Rebbi Yasa said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed. Rebbi Joḥanan said, he is not guilty for the woman who got ḥalîṣah, but the brothers are guilty for the woman who got ḥalîṣah. Both he and the brothers are guilty for the co-wife. Rebbi Simeon ben Laqish said, neither he nor the brothers are guilty for the woman who got ḥalîṣah or for the co-wife. Rebbi Immi switches the attributions. Rebbi Ze‘ira said before Rebbi Yasa, does not Rebbi Immi switch the attributions? But Rebbi Joḥanan had several opinions. Did Rebbi Simeon ben Laqish have several opinions? The statement of Isaac, the son of the isatis grower, supports Rebbi Immi and the statements of the rabbis support Rebbi Yasa, as both Rebbi Jeremiah, Rebbi Abba, said in the name of Rebbi Ḥiyya bar Abba: Everybody agrees about the co-wife that one is guilty. Where do they disagree? About the woman who got ḥalîṣah. Rebbi Joḥanan said, he is not guilty for the woman who got ḥalîṣah, but the brothers are guilty for the woman who got ḥalîṣah.
The words of the rabbis mean that ḥalîṣah is freeing. Simeon bar Abba asked before Rebbi Joḥanan: What is the difference between having ḥalîṣah and divorcing? He said to him: You think that ḥalîṣah is acquisiton, but it is only freeing. The brothers are not guilty for her under the category of “wife of the one acting in ḥalîṣah” but they are guilty under the category of “wife of the deceased.”
“Together”, this excludes the wife of his brother who did not live in his world. Rebbi Abun bar Ḥiyya said, Rebbi Abba bar Mamal asked: The she-ram and the wife of his brother who did not live in his world were in the paragraph. Why do you see fit to say that the co-wife of the she-ram is permitted but the co-wife of the wife of his brother who did not live in his world is forbidden? He said to him, the she-ram was removed because of another reason: “she will bear”, this excludes the one who cannot have children. Is it not enough that she cannot be eligible for the levirate but you also want to forbid her co-wife? But the wife of his brother who did not live in his world is under an incest prohibition and any incest prohibition frees the co-wife. Assi said, the co-wife of a she-ram is forbidden. The Mishnah disagrees with Assi: “All of these, if they died, or refused, or were divorced, or turned out to be she-rams, their co-wives are permitted.” Rebbi Abun bar Ḥiyya in the name of Rebbi Abba bar Mamal: Assi follows Rebbi Meїr since Rebbi Meїr said, in any case where you cannot take me in levirate you cannot take my co-wife.
“Together”, this excludes the wife of his brother who did not live in his world. Rebbi Abun bar Ḥiyya said, Rebbi Abba bar Mamal asked: The she-ram and the wife of his brother who did not live in his world were in the paragraph. Why do you see fit to say that the co-wife of the she-ram is permitted but the co-wife of the wife of his brother who did not live in his world is forbidden? He said to him, the she-ram was removed because of another reason: “she will bear”, this excludes the one who cannot have children. Is it not enough that she cannot be eligible for the levirate but you also want to forbid her co-wife? But the wife of his brother who did not live in his world is under an incest prohibition and any incest prohibition frees the co-wife. Assi said, the co-wife of a she-ram is forbidden. The Mishnah disagrees with Assi: “All of these, if they died, or refused, or were divorced, or turned out to be she-rams, their co-wives are permitted.” Rebbi Abun bar Ḥiyya in the name of Rebbi Abba bar Mamal: Assi follows Rebbi Meїr since Rebbi Meїr said, in any case where you cannot take me in levirate you cannot take my co-wife.
Rebbi Yudan, the father of Rebbi Mattaniah said: Explain it when they died without having repudiated since there is a Mishnah: “If a woman could repudiate but did not do so, her co-wife performs ḥalîṣah but cannot be married in levirate.” So is the Mishnah: “If a woman could repudiate but did not dies, her co-wife performs ḥalîṣah but cannot be married in levirate.” Rebbi Abba Mari said, you may even say if she still lives; explain it if her father is the only levir.
“Even though the House of Shammai and the House of Hillel disagreed about co-wives, and sisters, and an old bill of divorce, and a woman doubtfully married, and one who gives qiddushin in the value of a peruṭa, i. e., he who divorces his wife and spends the night with her in a hostelry, and that a woman receives qiddushin for at least a denar or the value of a denar, the House of Shammai did not refrain from marrying women from the House of Hillel or the House of Hillel from the House of Shammai but they behave truthfully and in peace, as it is said: ‘Love truth and peace.’ ” Bastardy is between them and you say so? How is that? If a first man gives her qiddushin for a peruṭa and a second for a denar, in the opinion of the House of Shammai she is betrothed to the second and the child of the first is a bastard. In the opinion of the House of Hillel she is betrothed to the first and the child of the second is a bastard. Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: The House of Shammai concede to the House of Hillel as a restriction. In that case, the House of Shammai should marry women from the House of Hillel since they concede to them. But the House of Hillel should not marry women from the House of Shammai since they do not concede to them. Rebbi Hila in the name of Rebbi Joḥanan: They all followed the same practice. If they followed the same practice, in this case we stated: “The House of Shammai sent and diminished it, since the House of Shammai says unless most of it is missing?” Rebbi Yose ben Rebbi Abun said, the House of Shammai acted before the question came before the House of Hillel. After a question came before the House of Hillel, the House of Shammai were not touching it. Rebbi Abba Mari said, that is correct. Did we not state: “They declared impure all purities from before”, but not in the future. Rebbi Yose ben Rebbi Abun said, Rav and Samuel, one said both acted according to valid practice; the other said, each party followed its own practice. Bastardy is between them and you say so? The Omnipresent watched and no case ever happened.
HALAKHAH: “If two [men] gave qiddushin to two sisters,” etc. It was stated: These rules apply both for Israel and for Cohanim. That is, if ḥalîṣah was performed first and the levirate afterwards. But to perform levirate first is forbidden; maybe his brother will die and it will turn out that he cohabited with the sister of his sister-in-law. Rav Ḥisda said, that means that having relations with the sister of his sister-in-law does not make her unfit for [marriage into] priesthood. Rebbi Yose bar Abba said, Rebbi Ḥiyya stated: He who cohabited with the sister of a woman for whom he had performed ḥalîṣah did not make her unfit for [marriage into] priesthood.
HALAKHAH: “A rabbi who forbade a woman to her husband because of a vow”, etc. “A rabbi who forbade a woman to her husband because of a vow cannot marry her.” I would say, that was his intention from the start. “If she repudiated or performed ḥalîṣah before him he may marry her since he acts as a court”, because two will not usually sin for the benefit of a third. There, we have stated: “If somebody deposits fruit with another person, that one should not touch it even if it spoils. Rabban Simeon ben Gamliel said, he shall sell it under the supervision of a court because one is obliged to return a find to its owners.” Rebbi Abba bar Jacob said in the name of Rebbi Joḥanan, practice follows Rabban Simeon ben Gamliel. What does one do with the money? Rav Jehudah said, the disagreement of Rebbi Aqiba and Rebbi Ṭarphon. It is a condition that the members of the court cannot buy. Rebbi Aqiba said, Rebbi Ḥiyya ben Rebbi Sabbatai asked: Here, you say, “if she repudiated or performed ḥalîṣah before him he may marry her since he acts as a court,” and here, you say so? Rebbi Yose said, there, the buy could be in thirds, but here, two will not usually sin for the benefit of a third.
Rebbi Yose ben Ḥanina asked before Rebbi Joḥanan: Here, you say, if his sister-in-law died, his wife is permitted to him, if his wife died, his sister-in-law is permitted to him, and here you say so? He said to him, I do not know the reason for [the rule regarding] sisters. Rebbi Abba, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: I do not know the reason for [the rule regarding] sisters who are sisters-in-law. Rebbi Hila, Rebbi Yasa, in the name of Rebbi Joḥanan: The prohibition of sisters who are sisters-in-law cannot be compared to the prohibition of sisters who are not sisters-in-law. Rebbi Jeremiah said, explain it that the house fell on both [brothers] at the same time. Rebbi Yose asked, did Rebbi Joḥanan say, I do not know the reason for [the rule regarding] sisters who are sisters-in-law if the house fell on both [brothers] at the same time? Only if they died one after the other. They wanted to say, what was the problem of Rebbi Joḥanan? If the second one died, why should the first one not be permitted to him? But if the first one died, the second should be forbidden to him. Rebbi Yudan said, both cases are the same problem for him. And candidacy counts for nothing since if there are three brothers,two of them paternal but not maternal halfbrothers, and two maternal but not paternal halfbrothers. If the paternal halfbrother died first and the second brother had no time to perform ḥalîṣah or levirate before he died, and she became eligible for his maternal halfbrother, may he not take her? This shows that candidacy is nothing, [otherwise] she should be forbidden as the maternal halfbrother’s wife.
It was stated: “Abba Shaul says, the House of Hillel made this easy.” Is that a criticism? It is a praise, since people were saying, what is the prohibition here? It was found stated in the name of Rebbi Simeon: “If they jumped the gun and married, they should keep them.” But that is only if they had intercourse at the same time. In the opinion of Abba Shaul it is permitted to have intercourse without asking. In the opinion of Rebbi Simeon only if he transgressed and had intercourse. If the first [brother] married and had intercourse, he tells the second also to have intercourse. If that one did not have intercourse, the first [brother] is forbidden to have intercourse a second time; maybe one of them will die and it turns out that he had intercourse with the sister of his sister-in-law. It was stated: If the second [brother] died, the first one had to divorce his wife with a bill of divorce and his brother’s wife by ḥalîṣah. Even if the second one died? Does this not follow Rebbi Simeon? But Rebbi Simeon frees the second [sister] from ḥalîṣah and levirate! Rebbi Ze‘ira said, I confirmed this: Any sister-in-law who was to be freed by ḥalîṣah will never be permitted without ḥalîṣah.
It was stated: “Abba Shaul says, the House of Hillel made this easy.” Is that a criticism? It is a praise, since people were saying, what is the prohibition here? It was found stated in the name of Rebbi Simeon: “If they jumped the gun and married, they should keep them.” But that is only if they had intercourse at the same time. In the opinion of Abba Shaul it is permitted to have intercourse without asking. In the opinion of Rebbi Simeon only if he transgressed and had intercourse. If the first [brother] married and had intercourse, he tells the second also to have intercourse. If that one did not have intercourse, the first [brother] is forbidden to have intercourse a second time; maybe one of them will die and it turns out that he had intercourse with the sister of his sister-in-law. It was stated: If the second [brother] died, the first one had to divorce his wife with a bill of divorce and his brother’s wife by ḥalîṣah. Even if the second one died? Does this not follow Rebbi Simeon? But Rebbi Simeon frees the second [sister] from ḥalîṣah and levirate! Rebbi Ze‘ira said, I confirmed this: Any sister-in-law who was to be freed by ḥalîṣah will never be permitted without ḥalîṣah.
If there were five brothers of whom three married three sisters and died: Rav said, each one [of the remaining brothers] performs ḥalîṣah for one of them, and the third [sister] performs ḥalîṣah with whom she wants. Samuel says, each one [of the remaining brothers] performs ḥalîṣah for one of them, and the third performs ḥalîṣah with both of them. Rav said that ḥalîṣah is acquisition. Samuel said that ḥalîṣah is freeing. Rebbi Ze‘ira said that ḥalîṣah is acquisition. Rebbi Hila said that ḥalîṣah is freeing. The words of the rabbis mean that ḥalîṣah is freeing. Simeon bar Abba asked before Rebbi Joḥanan: What is the difference between having ḥalîṣah and divorcing? He said to him: You think that ḥalîṣah is acquisiton, but it is only freeing. The brothers are not guilty for her under the category of “wife of the one acting in ḥalîṣah” but they are guilty under the category of “wife of the deceased”. Levi said, candidacy is acquisition and each [sister] has to perform ḥalîṣah with both [brothers].
HALAKHAH: “Three brothers, two of them married to two sisters,” etc. Ulla bar Ismael said, so explained Rebbi Hoshaia, the father of the Mishnah: Rebbi Simeon frees the second one from ḥalîṣah and levirate. Rebbi Joḥanan said, the group asked, would anybody think that a man could acquire two sisters together? Rebbi Ḥanina said before Rebbi Mana and disagreed: Why does Rebbi Simeon free the second one from ḥalîṣah and levirate? He said to him, because nobody thinks that a man could acquire two sisters together. There they said, the words of Rebbi Simeon imply that no candidacy can come after another candidacy. Rebbi Abba in the name of Rebbi Eleazar: Only if he sinned and had intercourse. What is the difference? If somebody from the market gave qiddushin to the second sister. Following the rabbis, perfect qiddushin. Following Rebbi Eleazar, suspended qiddushin. When he has intercourse with the first, the qiddushin become valid for the second. If he had intercourse with the second, following the rabbis it is an incestuous act. Following Rebbi Eleazar, it is not an incestuous act. If the first one died, following the rabbis the second is permitted to him.
It was stated: [A claim based on] any of these three types of documents can be collected only from unincumbered property, not from mortgaged property. Rebbi Abba said, that means, if the document in the hand of the lender has not been confirmed. But if the document in the hand of the lender has been confirmed, he may collect. Rebbi Yose asked: If the document in the hand of the lender has not been confirmed, he should not be able to collect even from unincumbered property! But one must deal with a document confirmed in the hand of the lender. And why can he not collect? Rebbi Bisna said, because of action in partnership. Rebbi Abun said, because it is invalid. So far, if the old man took the loan and [later] the old man mortgaged. But if the old man took the loan and [later] the son mortgaged, can you say because of a conspiracy? No, because it is invalid. And here, because it is invalid. Rebbi Abun said, and was it not stated: The same holds for bills of divorce. Can you say there, because of action in partnership? No, because it is invalid. And here, because it is invalid.
Rebbi Abba in the name of Rebbi Jeremiah: A rape victim does not have to wait three months. But did we not state: “One separates them for three month to see whether they are pregnant. If they were minors not yet able to have children one returns them at once.” That is different, it is for the benefit of the child.
HALAKHAH: “If somebody performed ḥalîṣah with his sister-in-law but she turns out to have been pregnant,” etc. If he transgressed, but not from the start. That follows the Mishnah: “The widow should not perform ḥalîṣah or have levirate until after three months.” Why can she not have ḥalîṣah immediately? As you take it, if she has a live birth, ḥalîṣah did not affect her. If she has a still birth, she holds ḥalîṣah in her hand. Rebbi Ze‘ira, Rebbi Ḥiyya, Rebbi Abun in the name of Rebbi Joḥanan, that she should not need a proclamation for the priesthood. Rebbi Abba, Rebbi Jacob bar Idi, in the name of Rebbi Hoshaiah, that she should not need a proclamation for the priesthood. Rebbi Hoshaiah stated: “My levir refuses.” To the one to whom one says: perform levirate, to him one says: perform ḥalîṣah; but to the one to whom one cannot say: perform levirate, to him one cannot say: perform ḥalîṣah! What is the difference between them? If she had been acceptable and was desecrated, e. g., a widow for the High Priest or a divorcee or one who had performed ḥalîṣah for a common priest. According to him who says that she should not need a proclamation for the priesthood; that one, who does not need a proclamation for the priesthood, should have ḥalîṣah. According to him who says that to the one to whom one says: perform levirate, to him does one say: perform ḥalîṣah?
Samuel said, one can transfer benefits to fetuses; Rebbi Eleazar said, one cannot transfer benefits to fetuses. Rebbi Yose said, even though Samuel said, one can transfer benefits to fetuses, he agrees that most of [the fetus’s] head and body must come out alive. That is the Mishnah, “if somebody performed ḥalîṣah with his sister-in-law but she turns out to have been pregnant,” as you say here, retroactively ḥalîṣah did not touch her, so retroactively the child is a son and receives the benefit. There, we have stated: “If somebody says, if my wife gives birth to a male, he shall take a mina, if she gave birth to a male, [the male baby] will take a mina. If a female, 200 [drachmae], if she gave birth to a female, that one will take 200.” Rebbi Eleazar said, this is only for his son, but not for any other. Rebbi Yasa said, even any other. In the opinion of Rebbi Eleazar, only from a sick person, but not a healthy one; only movables but not real estate. A baraita disagrees with Rebbi Eleazar. “ If a proselyte died and Jews plundered his estate, then it became known that he had a son overseas or that [his wife] was pregnant, everybody is required to return [what he took].” What does Rebbi Eleazar do with this? There is a difference because it is his child. The second part [of the Mishnah] disagrees with Samuel in the interpretation of Rebbi Yose: “If they returned everything and then the son died or she had a miscarriage, anybody who takes first after that acquires it.” The first group did not acquire. Even at the beginning they should not have acquired! Did not Rebbi Yose say, even though Samuel said, one can transfer benefits to fetuses, he agrees that most of [the fetus’s] head and body must come out alive. He was not living! Rebbi Isaac bar Eleazar said, because of abandoning. The rabbis of Caesarea, R. Ḥiyya bar Abba, Rebbi Abba bar Natan: Rebbi Natan changed his mind because of that Mishnah: “If a male, a mina, if a female, 200.” Is a female in this situation not like an outsider? Bar Qappara stated: “On transfers benefit to a one day old.”
Samuel said, one can transfer benefits to fetuses; Rebbi Eleazar said, one cannot transfer benefits to fetuses. Rebbi Yose said, even though Samuel said, one can transfer benefits to fetuses, he agrees that most of [the fetus’s] head and body must come out alive. That is the Mishnah, “if somebody performed ḥalîṣah with his sister-in-law but she turns out to have been pregnant,” as you say here, retroactively ḥalîṣah did not touch her, so retroactively the child is a son and receives the benefit. There, we have stated: “If somebody says, if my wife gives birth to a male, he shall take a mina, if she gave birth to a male, [the male baby] will take a mina. If a female, 200 [drachmae], if she gave birth to a female, that one will take 200.” Rebbi Eleazar said, this is only for his son, but not for any other. Rebbi Yasa said, even any other. In the opinion of Rebbi Eleazar, only from a sick person, but not a healthy one; only movables but not real estate. A baraita disagrees with Rebbi Eleazar. “ If a proselyte died and Jews plundered his estate, then it became known that he had a son overseas or that [his wife] was pregnant, everybody is required to return [what he took].” What does Rebbi Eleazar do with this? There is a difference because it is his child. The second part [of the Mishnah] disagrees with Samuel in the interpretation of Rebbi Yose: “If they returned everything and then the son died or she had a miscarriage, anybody who takes first after that acquires it.” The first group did not acquire. Even at the beginning they should not have acquired! Did not Rebbi Yose say, even though Samuel said, one can transfer benefits to fetuses, he agrees that most of [the fetus’s] head and body must come out alive. He was not living! Rebbi Isaac bar Eleazar said, because of abandoning. The rabbis of Caesarea, R. Ḥiyya bar Abba, Rebbi Abba bar Natan: Rebbi Natan changed his mind because of that Mishnah: “If a male, a mina, if a female, 200.” Is a female in this situation not like an outsider? Bar Qappara stated: “On transfers benefit to a one day old.”
Rav said, in any case where the true fact can never be established, one does not have to bring a reparation offering for the doubt. How is that? If there were before him two olive-sized pieces, one of suet and one of fat, he ate one of them, and then a raven ate the other. Since he cannot ascertain the true fact, one does not have to bring a reparation offering for this doubt. But if the raven ate first and then he ate, since he could have ascertained the true fact, one has to bring a reparation offering for the doubt. But did not Rav say, only if he made sure that it certainly was suet? Even though Rav said, only if he made sure that it certainly was suet, he agrees here that he could have ascertained the true fact. A baraita disagrees with Rav: “As Rebbi Eleazar says, one must bring a reparation offering for the doubt of suet.” What does Rav do with that? They disagree with the words of Rebbi Eleazar. A baraita disagrees with Rav: “If there were both a piece of profane [meat] and a piece of sacrificial [meat], he ate one of them and it is not known which one, he brings a reparation offering for the doubt. If he [then] ate the second piece, he brings a reparation offering for a certain transgression. If he ate the first piece and another person came and ate the second, each one brings a reparation offering for the doubt.” One understands that the first brings a reparation offering for the doubt. Why the second? Rebbi Yose said, explain it that the piece was large, he ate half of it and left the other half. A Mishnah disagrees with Rav: “If it is doubtful whether [the child is] a nine-month child of the first [brother] or a seven-month of the second, he has to divorce her, the child is legitimate, and they are obligated for a reparation offering for the doubt.” Here it is impossible to ascertain the true fact and they are obligated for a reparation offering for the doubt! Rebbi Yose said, Rebbi Ze‘ira explained it before Rebbi Ḥiyya bar Abba; Rebbi Ḥizqiah, Rebbi Ḥiyya bar Abba: Rebbi Ze‘ira explained it before us. Since he could just have touched her and then separated, he could have known whether it is his or the other’s, it is as if he could have ascertained the true fact!
Rav said, in any case where the true fact can never be established, one does not have to bring a reparation offering for the doubt. How is that? If there were before him two olive-sized pieces, one of suet and one of fat, he ate one of them, and then a raven ate the other. Since he cannot ascertain the true fact, one does not have to bring a reparation offering for this doubt. But if the raven ate first and then he ate, since he could have ascertained the true fact, one has to bring a reparation offering for the doubt. But did not Rav say, only if he made sure that it certainly was suet? Even though Rav said, only if he made sure that it certainly was suet, he agrees here that he could have ascertained the true fact. A baraita disagrees with Rav: “As Rebbi Eleazar says, one must bring a reparation offering for the doubt of suet.” What does Rav do with that? They disagree with the words of Rebbi Eleazar. A baraita disagrees with Rav: “If there were both a piece of profane [meat] and a piece of sacrificial [meat], he ate one of them and it is not known which one, he brings a reparation offering for the doubt. If he [then] ate the second piece, he brings a reparation offering for a certain transgression. If he ate the first piece and another person came and ate the second, each one brings a reparation offering for the doubt.” One understands that the first brings a reparation offering for the doubt. Why the second? Rebbi Yose said, explain it that the piece was large, he ate half of it and left the other half. A Mishnah disagrees with Rav: “If it is doubtful whether [the child is] a nine-month child of the first [brother] or a seven-month of the second, he has to divorce her, the child is legitimate, and they are obligated for a reparation offering for the doubt.” Here it is impossible to ascertain the true fact and they are obligated for a reparation offering for the doubt! Rebbi Yose said, Rebbi Ze‘ira explained it before Rebbi Ḥiyya bar Abba; Rebbi Ḥizqiah, Rebbi Ḥiyya bar Abba: Rebbi Ze‘ira explained it before us. Since he could just have touched her and then separated, he could have known whether it is his or the other’s, it is as if he could have ascertained the true fact!
Rebbi Isaac ben Tevele in the name of Rebbi Eleazar: The reason of Rebbi Jehudah: “ The first-born whom she will bear shall be”; He compared it to a first-born. Since the first-born does not inherit during his father’s lifetime, so this one does not inherit during his father’s lifetime. But since the first-born inherits after his father’s death, does this one inherit after his father’s death? Rebbi Ze‘ira said, since the first-born does not inherit when it was time to inherit, so this one does not inherit when it was time to inherit. Afterwards he cannot inherit. Rebbi Abba bar Cahana, Rebbi Ḥiyya bar Ashi in the name of Rav: Practice follows Rebbi Jehudah. Rebbi Joshua ben Levi said, practice follows Rebbi Judah. Rebbi Abbahu, Rebbi Eleazar in the name of Rebbi Hoshaia, practice follows Rebbi Judah. Rebbi Joḥanan said, many times I sat before Rebbi Hoshaia and never heard that from him. He said to him, does nobody exist who heard something his partner did not hear?
HALAKHAH: “Similarly, if somebody divorces his wife,” etc. Simeon bar Abba asked before Rebbi Joḥanan: What is the difference between having ḥalîṣah and divorcing? He said to him: You think that ḥalîṣah is acquisiton, but it is only freeing. The brothers are not guilty for her under the category of “wife of the one acting in ḥalîṣah” but they are guilty under the category of “wife of the deceased”.
HALAKHAH: “No sister-in-law should be a party to ḥalîṣah,” etc. How long is it until a pregnancy is recognized? Symmachos said in the name of Rebbi Meїr: After three months. Even though it is no proof, there is a hint: “It was after about three months.” Rebbi Yudan said, even for a phantom pregnancy, “we were pregnant, we were sick, as if we gave birth to wind,” “get pregnant with dry grass, give birth to straw.” Rebbi Ze‘ira, Rebbi Abba bar Zuṭra said, Rebbi Ḥanina in the name of the Great Rebbi Ḥiyya: Even most of the first, most of the last, and the middle one complete. Rav Assi said, a full 90 days. Samuel said, they in their fulness. A case came before the rabbis there; we do not know if thirteen of the first and seventeen of the last or seventeen of the first and thirteen of the last, and five complete ones in the middle; they wanted to touch the child because of a doubt of bastardy. Rav Naḥman bar Jacob told them, such a case came before Abba bar Abba and he declared it acceptable. Does Abba bar Abba disagree with his son Samuel? Rebbi Abba said, there is a difference between recognizing a pregnancy and giving birth. A pregnancy is recognized after full months, a birth can happen after fractional months. There, we have stated: “How long can labor be? Rebbi Meїr said, even 40 to 50 days. Rebbi Jehudah said, her month is sufficient. Rebbi Yose and Rebbi Simeon say, no labor is longer than two weeks”. “Rebbi Yose in the name of Rebbi Abba: This implies that a woman gives birth after fractional months. Since otherwise one should have stated “thirty days”. Rebbi Yose ben Rebbi Abun in the name of Rebbi Abba: This implies that a woman gives birth after full months. Since we have stated: “Her month is sufficient.”
HALAKHAH: “No sister-in-law should be a party to ḥalîṣah,” etc. How long is it until a pregnancy is recognized? Symmachos said in the name of Rebbi Meїr: After three months. Even though it is no proof, there is a hint: “It was after about three months.” Rebbi Yudan said, even for a phantom pregnancy, “we were pregnant, we were sick, as if we gave birth to wind,” “get pregnant with dry grass, give birth to straw.” Rebbi Ze‘ira, Rebbi Abba bar Zuṭra said, Rebbi Ḥanina in the name of the Great Rebbi Ḥiyya: Even most of the first, most of the last, and the middle one complete. Rav Assi said, a full 90 days. Samuel said, they in their fulness. A case came before the rabbis there; we do not know if thirteen of the first and seventeen of the last or seventeen of the first and thirteen of the last, and five complete ones in the middle; they wanted to touch the child because of a doubt of bastardy. Rav Naḥman bar Jacob told them, such a case came before Abba bar Abba and he declared it acceptable. Does Abba bar Abba disagree with his son Samuel? Rebbi Abba said, there is a difference between recognizing a pregnancy and giving birth. A pregnancy is recognized after full months, a birth can happen after fractional months. There, we have stated: “How long can labor be? Rebbi Meїr said, even 40 to 50 days. Rebbi Jehudah said, her month is sufficient. Rebbi Yose and Rebbi Simeon say, no labor is longer than two weeks”. “Rebbi Yose in the name of Rebbi Abba: This implies that a woman gives birth after fractional months. Since otherwise one should have stated “thirty days”. Rebbi Yose ben Rebbi Abun in the name of Rebbi Abba: This implies that a woman gives birth after full months. Since we have stated: “Her month is sufficient.”
HALAKHAH: “No sister-in-law should be a party to ḥalîṣah,” etc. How long is it until a pregnancy is recognized? Symmachos said in the name of Rebbi Meїr: After three months. Even though it is no proof, there is a hint: “It was after about three months.” Rebbi Yudan said, even for a phantom pregnancy, “we were pregnant, we were sick, as if we gave birth to wind,” “get pregnant with dry grass, give birth to straw.” Rebbi Ze‘ira, Rebbi Abba bar Zuṭra said, Rebbi Ḥanina in the name of the Great Rebbi Ḥiyya: Even most of the first, most of the last, and the middle one complete. Rav Assi said, a full 90 days. Samuel said, they in their fulness. A case came before the rabbis there; we do not know if thirteen of the first and seventeen of the last or seventeen of the first and thirteen of the last, and five complete ones in the middle; they wanted to touch the child because of a doubt of bastardy. Rav Naḥman bar Jacob told them, such a case came before Abba bar Abba and he declared it acceptable. Does Abba bar Abba disagree with his son Samuel? Rebbi Abba said, there is a difference between recognizing a pregnancy and giving birth. A pregnancy is recognized after full months, a birth can happen after fractional months. There, we have stated: “How long can labor be? Rebbi Meїr said, even 40 to 50 days. Rebbi Jehudah said, her month is sufficient. Rebbi Yose and Rebbi Simeon say, no labor is longer than two weeks”. “Rebbi Yose in the name of Rebbi Abba: This implies that a woman gives birth after fractional months. Since otherwise one should have stated “thirty days”. Rebbi Yose ben Rebbi Abun in the name of Rebbi Abba: This implies that a woman gives birth after full months. Since we have stated: “Her month is sufficient.”
HALAKHAH: “No sister-in-law should be a party to ḥalîṣah,” etc. How long is it until a pregnancy is recognized? Symmachos said in the name of Rebbi Meїr: After three months. Even though it is no proof, there is a hint: “It was after about three months.” Rebbi Yudan said, even for a phantom pregnancy, “we were pregnant, we were sick, as if we gave birth to wind,” “get pregnant with dry grass, give birth to straw.” Rebbi Ze‘ira, Rebbi Abba bar Zuṭra said, Rebbi Ḥanina in the name of the Great Rebbi Ḥiyya: Even most of the first, most of the last, and the middle one complete. Rav Assi said, a full 90 days. Samuel said, they in their fulness. A case came before the rabbis there; we do not know if thirteen of the first and seventeen of the last or seventeen of the first and thirteen of the last, and five complete ones in the middle; they wanted to touch the child because of a doubt of bastardy. Rav Naḥman bar Jacob told them, such a case came before Abba bar Abba and he declared it acceptable. Does Abba bar Abba disagree with his son Samuel? Rebbi Abba said, there is a difference between recognizing a pregnancy and giving birth. A pregnancy is recognized after full months, a birth can happen after fractional months. There, we have stated: “How long can labor be? Rebbi Meїr said, even 40 to 50 days. Rebbi Jehudah said, her month is sufficient. Rebbi Yose and Rebbi Simeon say, no labor is longer than two weeks”. “Rebbi Yose in the name of Rebbi Abba: This implies that a woman gives birth after fractional months. Since otherwise one should have stated “thirty days”. Rebbi Yose ben Rebbi Abun in the name of Rebbi Abba: This implies that a woman gives birth after full months. Since we have stated: “Her month is sufficient.”
HALAKHAH: “No sister-in-law should be a party to ḥalîṣah,” etc. How long is it until a pregnancy is recognized? Symmachos said in the name of Rebbi Meїr: After three months. Even though it is no proof, there is a hint: “It was after about three months.” Rebbi Yudan said, even for a phantom pregnancy, “we were pregnant, we were sick, as if we gave birth to wind,” “get pregnant with dry grass, give birth to straw.” Rebbi Ze‘ira, Rebbi Abba bar Zuṭra said, Rebbi Ḥanina in the name of the Great Rebbi Ḥiyya: Even most of the first, most of the last, and the middle one complete. Rav Assi said, a full 90 days. Samuel said, they in their fulness. A case came before the rabbis there; we do not know if thirteen of the first and seventeen of the last or seventeen of the first and thirteen of the last, and five complete ones in the middle; they wanted to touch the child because of a doubt of bastardy. Rav Naḥman bar Jacob told them, such a case came before Abba bar Abba and he declared it acceptable. Does Abba bar Abba disagree with his son Samuel? Rebbi Abba said, there is a difference between recognizing a pregnancy and giving birth. A pregnancy is recognized after full months, a birth can happen after fractional months. There, we have stated: “How long can labor be? Rebbi Meїr said, even 40 to 50 days. Rebbi Jehudah said, her month is sufficient. Rebbi Yose and Rebbi Simeon say, no labor is longer than two weeks”. “Rebbi Yose in the name of Rebbi Abba: This implies that a woman gives birth after fractional months. Since otherwise one should have stated “thirty days”. Rebbi Yose ben Rebbi Abun in the name of Rebbi Abba: This implies that a woman gives birth after full months. Since we have stated: “Her month is sufficient.”
HALAKHAH: “No sister-in-law should be a party to ḥalîṣah,” etc. How long is it until a pregnancy is recognized? Symmachos said in the name of Rebbi Meїr: After three months. Even though it is no proof, there is a hint: “It was after about three months.” Rebbi Yudan said, even for a phantom pregnancy, “we were pregnant, we were sick, as if we gave birth to wind,” “get pregnant with dry grass, give birth to straw.” Rebbi Ze‘ira, Rebbi Abba bar Zuṭra said, Rebbi Ḥanina in the name of the Great Rebbi Ḥiyya: Even most of the first, most of the last, and the middle one complete. Rav Assi said, a full 90 days. Samuel said, they in their fulness. A case came before the rabbis there; we do not know if thirteen of the first and seventeen of the last or seventeen of the first and thirteen of the last, and five complete ones in the middle; they wanted to touch the child because of a doubt of bastardy. Rav Naḥman bar Jacob told them, such a case came before Abba bar Abba and he declared it acceptable. Does Abba bar Abba disagree with his son Samuel? Rebbi Abba said, there is a difference between recognizing a pregnancy and giving birth. A pregnancy is recognized after full months, a birth can happen after fractional months. There, we have stated: “How long can labor be? Rebbi Meїr said, even 40 to 50 days. Rebbi Jehudah said, her month is sufficient. Rebbi Yose and Rebbi Simeon say, no labor is longer than two weeks”. “Rebbi Yose in the name of Rebbi Abba: This implies that a woman gives birth after fractional months. Since otherwise one should have stated “thirty days”. Rebbi Yose ben Rebbi Abun in the name of Rebbi Abba: This implies that a woman gives birth after full months. Since we have stated: “Her month is sufficient.”
HALAKHAH: “No sister-in-law should be a party to ḥalîṣah,” etc. How long is it until a pregnancy is recognized? Symmachos said in the name of Rebbi Meїr: After three months. Even though it is no proof, there is a hint: “It was after about three months.” Rebbi Yudan said, even for a phantom pregnancy, “we were pregnant, we were sick, as if we gave birth to wind,” “get pregnant with dry grass, give birth to straw.” Rebbi Ze‘ira, Rebbi Abba bar Zuṭra said, Rebbi Ḥanina in the name of the Great Rebbi Ḥiyya: Even most of the first, most of the last, and the middle one complete. Rav Assi said, a full 90 days. Samuel said, they in their fulness. A case came before the rabbis there; we do not know if thirteen of the first and seventeen of the last or seventeen of the first and thirteen of the last, and five complete ones in the middle; they wanted to touch the child because of a doubt of bastardy. Rav Naḥman bar Jacob told them, such a case came before Abba bar Abba and he declared it acceptable. Does Abba bar Abba disagree with his son Samuel? Rebbi Abba said, there is a difference between recognizing a pregnancy and giving birth. A pregnancy is recognized after full months, a birth can happen after fractional months. There, we have stated: “How long can labor be? Rebbi Meїr said, even 40 to 50 days. Rebbi Jehudah said, her month is sufficient. Rebbi Yose and Rebbi Simeon say, no labor is longer than two weeks”. “Rebbi Yose in the name of Rebbi Abba: This implies that a woman gives birth after fractional months. Since otherwise one should have stated “thirty days”. Rebbi Yose ben Rebbi Abun in the name of Rebbi Abba: This implies that a woman gives birth after full months. Since we have stated: “Her month is sufficient.”
HALAKHAH: “No sister-in-law should be a party to ḥalîṣah,” etc. How long is it until a pregnancy is recognized? Symmachos said in the name of Rebbi Meїr: After three months. Even though it is no proof, there is a hint: “It was after about three months.” Rebbi Yudan said, even for a phantom pregnancy, “we were pregnant, we were sick, as if we gave birth to wind,” “get pregnant with dry grass, give birth to straw.” Rebbi Ze‘ira, Rebbi Abba bar Zuṭra said, Rebbi Ḥanina in the name of the Great Rebbi Ḥiyya: Even most of the first, most of the last, and the middle one complete. Rav Assi said, a full 90 days. Samuel said, they in their fulness. A case came before the rabbis there; we do not know if thirteen of the first and seventeen of the last or seventeen of the first and thirteen of the last, and five complete ones in the middle; they wanted to touch the child because of a doubt of bastardy. Rav Naḥman bar Jacob told them, such a case came before Abba bar Abba and he declared it acceptable. Does Abba bar Abba disagree with his son Samuel? Rebbi Abba said, there is a difference between recognizing a pregnancy and giving birth. A pregnancy is recognized after full months, a birth can happen after fractional months. There, we have stated: “How long can labor be? Rebbi Meїr said, even 40 to 50 days. Rebbi Jehudah said, her month is sufficient. Rebbi Yose and Rebbi Simeon say, no labor is longer than two weeks”. “Rebbi Yose in the name of Rebbi Abba: This implies that a woman gives birth after fractional months. Since otherwise one should have stated “thirty days”. Rebbi Yose ben Rebbi Abun in the name of Rebbi Abba: This implies that a woman gives birth after full months. Since we have stated: “Her month is sufficient.”
Rebbi Mana said, I heard in the name of Samuel that there is no difference between recognizing a pregnancy and giving birth, but I do not remember from whom I heard this. Rebbi Abba bar Cohen said before Rebbi Yose, Rebbi Jeremiah said this. Rebbi Ḥizqyah said to him, Rebbi Jeremiah did not say this; Rebbi Yose was offended by him. He said to him: Even Joshua who was bound to Moses would not have said so, but you said so! He checked himself and said, it is true that he said that but as a person who quotes something and questions it; does Abba bar Abba disagree with his son Samuel? Rebbi Berekhiah in the name of Samuel: A woman gives birth only either after 271, 272, 273, or 274, days. Rebbi Mana said to him, from whom did the rabbi hear this? He said to him, from Rebbi Abba. The position of Rebbi Abba seems inverted. There, he says, there is a difference between recognizing a pregnancy and giving birth, and here, he says so? Rebbi Abba bar Zuṭra in the name of Samuel: {If with ה Rabba, with א Rava.} Everything which is “many” is 208.
Rebbi Mana said, I heard in the name of Samuel that there is no difference between recognizing a pregnancy and giving birth, but I do not remember from whom I heard this. Rebbi Abba bar Cohen said before Rebbi Yose, Rebbi Jeremiah said this. Rebbi Ḥizqyah said to him, Rebbi Jeremiah did not say this; Rebbi Yose was offended by him. He said to him: Even Joshua who was bound to Moses would not have said so, but you said so! He checked himself and said, it is true that he said that but as a person who quotes something and questions it; does Abba bar Abba disagree with his son Samuel? Rebbi Berekhiah in the name of Samuel: A woman gives birth only either after 271, 272, 273, or 274, days. Rebbi Mana said to him, from whom did the rabbi hear this? He said to him, from Rebbi Abba. The position of Rebbi Abba seems inverted. There, he says, there is a difference between recognizing a pregnancy and giving birth, and here, he says so? Rebbi Abba bar Zuṭra in the name of Samuel: {If with ה Rabba, with א Rava.} Everything which is “many” is 208.
Rebbi Mana said, I heard in the name of Samuel that there is no difference between recognizing a pregnancy and giving birth, but I do not remember from whom I heard this. Rebbi Abba bar Cohen said before Rebbi Yose, Rebbi Jeremiah said this. Rebbi Ḥizqyah said to him, Rebbi Jeremiah did not say this; Rebbi Yose was offended by him. He said to him: Even Joshua who was bound to Moses would not have said so, but you said so! He checked himself and said, it is true that he said that but as a person who quotes something and questions it; does Abba bar Abba disagree with his son Samuel? Rebbi Berekhiah in the name of Samuel: A woman gives birth only either after 271, 272, 273, or 274, days. Rebbi Mana said to him, from whom did the rabbi hear this? He said to him, from Rebbi Abba. The position of Rebbi Abba seems inverted. There, he says, there is a difference between recognizing a pregnancy and giving birth, and here, he says so? Rebbi Abba bar Zuṭra in the name of Samuel: {If with ה Rabba, with א Rava.} Everything which is “many” is 208.
Rebbi Mana said, I heard in the name of Samuel that there is no difference between recognizing a pregnancy and giving birth, but I do not remember from whom I heard this. Rebbi Abba bar Cohen said before Rebbi Yose, Rebbi Jeremiah said this. Rebbi Ḥizqyah said to him, Rebbi Jeremiah did not say this; Rebbi Yose was offended by him. He said to him: Even Joshua who was bound to Moses would not have said so, but you said so! He checked himself and said, it is true that he said that but as a person who quotes something and questions it; does Abba bar Abba disagree with his son Samuel? Rebbi Berekhiah in the name of Samuel: A woman gives birth only either after 271, 272, 273, or 274, days. Rebbi Mana said to him, from whom did the rabbi hear this? He said to him, from Rebbi Abba. The position of Rebbi Abba seems inverted. There, he says, there is a difference between recognizing a pregnancy and giving birth, and here, he says so? Rebbi Abba bar Zuṭra in the name of Samuel: {If with ה Rabba, with א Rava.} Everything which is “many” is 208.
Rebbi Mana said, I heard in the name of Samuel that there is no difference between recognizing a pregnancy and giving birth, but I do not remember from whom I heard this. Rebbi Abba bar Cohen said before Rebbi Yose, Rebbi Jeremiah said this. Rebbi Ḥizqyah said to him, Rebbi Jeremiah did not say this; Rebbi Yose was offended by him. He said to him: Even Joshua who was bound to Moses would not have said so, but you said so! He checked himself and said, it is true that he said that but as a person who quotes something and questions it; does Abba bar Abba disagree with his son Samuel? Rebbi Berekhiah in the name of Samuel: A woman gives birth only either after 271, 272, 273, or 274, days. Rebbi Mana said to him, from whom did the rabbi hear this? He said to him, from Rebbi Abba. The position of Rebbi Abba seems inverted. There, he says, there is a difference between recognizing a pregnancy and giving birth, and here, he says so? Rebbi Abba bar Zuṭra in the name of Samuel: {If with ה Rabba, with א Rava.} Everything which is “many” is 208.
Rebbi Mana said, I heard in the name of Samuel that there is no difference between recognizing a pregnancy and giving birth, but I do not remember from whom I heard this. Rebbi Abba bar Cohen said before Rebbi Yose, Rebbi Jeremiah said this. Rebbi Ḥizqyah said to him, Rebbi Jeremiah did not say this; Rebbi Yose was offended by him. He said to him: Even Joshua who was bound to Moses would not have said so, but you said so! He checked himself and said, it is true that he said that but as a person who quotes something and questions it; does Abba bar Abba disagree with his son Samuel? Rebbi Berekhiah in the name of Samuel: A woman gives birth only either after 271, 272, 273, or 274, days. Rebbi Mana said to him, from whom did the rabbi hear this? He said to him, from Rebbi Abba. The position of Rebbi Abba seems inverted. There, he says, there is a difference between recognizing a pregnancy and giving birth, and here, he says so? Rebbi Abba bar Zuṭra in the name of Samuel: {If with ה Rabba, with א Rava.} Everything which is “many” is 208.
Rebbi Meїr is suspicious about bills of divorce. Rebbi Jehudah is suspicious about a child. Rebbi Yose is suspicious about bills of divorce and a child. Could you say that Rebbi Meїr is not suspicious about bills of divorce, as we have stated: “Those that had received qiddushin can be married.” Rebbi Ze‘ira in the name of Rebbi Gedula: The one who repudiates does not have to wait three months; the one who leaves by a bill of divorce needs to wait three months. This supports Rebbi Me‘ir since Rebbi Meїr is suspicious about bills of divorce. Rebbi Abba in the name of Rebbi Abba bar Jeremiah: A woman who has been raped does not have to wait three months. This supports Rebbi Yose, since Rebbi Yose is suspicious about bills of divorce and a child. It was stated: The proselyte, the captive, and the slave woman who were redeemed, or converted, or freed, have to wait three months, the words of Rebbi Judah. Rebbi Yose says, they do not have to wait. Their blood, Rebbi Jehudah says, makes impure 24 hours retroactively; Rebbi Yose says, from its moment onwards. Rebbi said, the words of Rebbi Judah are reasonable for the blood, and the words of Rebbi Yose for the child. Rebbi Ḥanina ben Rebbi Abbahu said, my father had a case and he asked Rebbi Ḥiyya, Rebbi Yasa, and Rebbi Immi, and they instructed him following Rebbi Yose for the child. For if it were not so, what could we say? Between Rebbi Jehudah and Rebbi Yose, practice does not follow Rebbi Yose? But because Rebbi said, “they are reasonable”. Did not Rebbi Abba say in the name of Rebbi Ze‘ira, every time Rebbi taught “they are reasonable”, the disagreement is unresolved except in the case of the fig cake where each party to the controversy accepts the opposition’s argument. Rebbi Yose said, I stated a difficulty before Rebbi Ḥanina ben Rebbi Abbahu: Even if it is certain that they had sex? He said to him, is a normal Gentile not like one who had sex? Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, one disregards the anonymous [Mishnah] and follows an isolated opinion! He found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He understood that following Rebbi Simeon, he found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He said, the old man certainly understands the chapters about bills of divorce.
Rebbi Meїr is suspicious about bills of divorce. Rebbi Jehudah is suspicious about a child. Rebbi Yose is suspicious about bills of divorce and a child. Could you say that Rebbi Meїr is not suspicious about bills of divorce, as we have stated: “Those that had received qiddushin can be married.” Rebbi Ze‘ira in the name of Rebbi Gedula: The one who repudiates does not have to wait three months; the one who leaves by a bill of divorce needs to wait three months. This supports Rebbi Me‘ir since Rebbi Meїr is suspicious about bills of divorce. Rebbi Abba in the name of Rebbi Abba bar Jeremiah: A woman who has been raped does not have to wait three months. This supports Rebbi Yose, since Rebbi Yose is suspicious about bills of divorce and a child. It was stated: The proselyte, the captive, and the slave woman who were redeemed, or converted, or freed, have to wait three months, the words of Rebbi Judah. Rebbi Yose says, they do not have to wait. Their blood, Rebbi Jehudah says, makes impure 24 hours retroactively; Rebbi Yose says, from its moment onwards. Rebbi said, the words of Rebbi Judah are reasonable for the blood, and the words of Rebbi Yose for the child. Rebbi Ḥanina ben Rebbi Abbahu said, my father had a case and he asked Rebbi Ḥiyya, Rebbi Yasa, and Rebbi Immi, and they instructed him following Rebbi Yose for the child. For if it were not so, what could we say? Between Rebbi Jehudah and Rebbi Yose, practice does not follow Rebbi Yose? But because Rebbi said, “they are reasonable”. Did not Rebbi Abba say in the name of Rebbi Ze‘ira, every time Rebbi taught “they are reasonable”, the disagreement is unresolved except in the case of the fig cake where each party to the controversy accepts the opposition’s argument. Rebbi Yose said, I stated a difficulty before Rebbi Ḥanina ben Rebbi Abbahu: Even if it is certain that they had sex? He said to him, is a normal Gentile not like one who had sex? Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, one disregards the anonymous [Mishnah] and follows an isolated opinion! He found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He understood that following Rebbi Simeon, he found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He said, the old man certainly understands the chapters about bills of divorce.
Rebbi Meїr is suspicious about bills of divorce. Rebbi Jehudah is suspicious about a child. Rebbi Yose is suspicious about bills of divorce and a child. Could you say that Rebbi Meїr is not suspicious about bills of divorce, as we have stated: “Those that had received qiddushin can be married.” Rebbi Ze‘ira in the name of Rebbi Gedula: The one who repudiates does not have to wait three months; the one who leaves by a bill of divorce needs to wait three months. This supports Rebbi Me‘ir since Rebbi Meїr is suspicious about bills of divorce. Rebbi Abba in the name of Rebbi Abba bar Jeremiah: A woman who has been raped does not have to wait three months. This supports Rebbi Yose, since Rebbi Yose is suspicious about bills of divorce and a child. It was stated: The proselyte, the captive, and the slave woman who were redeemed, or converted, or freed, have to wait three months, the words of Rebbi Judah. Rebbi Yose says, they do not have to wait. Their blood, Rebbi Jehudah says, makes impure 24 hours retroactively; Rebbi Yose says, from its moment onwards. Rebbi said, the words of Rebbi Judah are reasonable for the blood, and the words of Rebbi Yose for the child. Rebbi Ḥanina ben Rebbi Abbahu said, my father had a case and he asked Rebbi Ḥiyya, Rebbi Yasa, and Rebbi Immi, and they instructed him following Rebbi Yose for the child. For if it were not so, what could we say? Between Rebbi Jehudah and Rebbi Yose, practice does not follow Rebbi Yose? But because Rebbi said, “they are reasonable”. Did not Rebbi Abba say in the name of Rebbi Ze‘ira, every time Rebbi taught “they are reasonable”, the disagreement is unresolved except in the case of the fig cake where each party to the controversy accepts the opposition’s argument. Rebbi Yose said, I stated a difficulty before Rebbi Ḥanina ben Rebbi Abbahu: Even if it is certain that they had sex? He said to him, is a normal Gentile not like one who had sex? Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, one disregards the anonymous [Mishnah] and follows an isolated opinion! He found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He understood that following Rebbi Simeon, he found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He said, the old man certainly understands the chapters about bills of divorce.
Rebbi Meїr is suspicious about bills of divorce. Rebbi Jehudah is suspicious about a child. Rebbi Yose is suspicious about bills of divorce and a child. Could you say that Rebbi Meїr is not suspicious about bills of divorce, as we have stated: “Those that had received qiddushin can be married.” Rebbi Ze‘ira in the name of Rebbi Gedula: The one who repudiates does not have to wait three months; the one who leaves by a bill of divorce needs to wait three months. This supports Rebbi Me‘ir since Rebbi Meїr is suspicious about bills of divorce. Rebbi Abba in the name of Rebbi Abba bar Jeremiah: A woman who has been raped does not have to wait three months. This supports Rebbi Yose, since Rebbi Yose is suspicious about bills of divorce and a child. It was stated: The proselyte, the captive, and the slave woman who were redeemed, or converted, or freed, have to wait three months, the words of Rebbi Judah. Rebbi Yose says, they do not have to wait. Their blood, Rebbi Jehudah says, makes impure 24 hours retroactively; Rebbi Yose says, from its moment onwards. Rebbi said, the words of Rebbi Judah are reasonable for the blood, and the words of Rebbi Yose for the child. Rebbi Ḥanina ben Rebbi Abbahu said, my father had a case and he asked Rebbi Ḥiyya, Rebbi Yasa, and Rebbi Immi, and they instructed him following Rebbi Yose for the child. For if it were not so, what could we say? Between Rebbi Jehudah and Rebbi Yose, practice does not follow Rebbi Yose? But because Rebbi said, “they are reasonable”. Did not Rebbi Abba say in the name of Rebbi Ze‘ira, every time Rebbi taught “they are reasonable”, the disagreement is unresolved except in the case of the fig cake where each party to the controversy accepts the opposition’s argument. Rebbi Yose said, I stated a difficulty before Rebbi Ḥanina ben Rebbi Abbahu: Even if it is certain that they had sex? He said to him, is a normal Gentile not like one who had sex? Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, one disregards the anonymous [Mishnah] and follows an isolated opinion! He found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He understood that following Rebbi Simeon, he found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He said, the old man certainly understands the chapters about bills of divorce.
Rebbi Mana asked before Rebbi Yudan: There Rebbi Ḥizqiah, Rebbi Abbahu, said in the name of Rebbi Eleazar: Every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous Mishnah. And here, you say so? He said to him, if not Rebbi, maybe somebody else said it? Since when Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous [text]. It must be that Rebbi did not find a disagreement in the Mishnah; but if others taught it in disagreement and Rebbi taught it anonymously, certainly practice follows the anonymous [text]. There come Rebbi Ḥizqiah, Rebbi Jacob bar Abba and Rebbi Simeon bar Abba, in the name of Rebbi Eleazar: Even if others taught a disagreement but Rebbi taught it anonymously, practice follows the anonymous [text]. Why does he agree here with a dissenting opinion? Rebbi Samuel ben Inaya in the name of Rebbi Aḥa. That means, if no diagreement is stated together with the anonymous [text], but if a disagreement is stated together with the anonymous [text], practice does not follow the anonymous [opinion]. Rebbi Yose ben Rebbi Abun in the name of Rebbi Aḥa. That is, if individual disagrees with individual. But if an individual disagrees next to the [anonymous] Sages, practice does not follow the anonymous [text].