abba

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].

Rebbi Abba bar Zavda said, it is written: “His house should be called in Israel the house of the shoe-stripped.” A house which was permitted by one stripping. The same is true for intercourse. Stripping frees and intercourse frees. What you say about stripping you say about intercourse.

Rebbi Abba bar Mamal said, this means that there is an obligation first to give qiddushin and only after that to cohabit. Since here, where qiddushin are not written, you say “that is as it is commanded”, for a wife, where it is written, not so much more!

“If he gave a bill of divorce, and ḥalîṣah, nothing is valid after ḥalîṣah,” etc. Did we not state already “there is nothing after ḥalîṣah”? Because we stated after that, “whether there is one sister-in-law or two sisters-in-law”. If somebody gave qiddushin to the one with whom he performed ḥalîṣah, would they not lay hold on her? Explain it either following Rebbi if he did not intend it or according to everybody if he intended to acquire as “bespeaking” of a sister-in-law but she was not his sister-in-law. Rebbi Abba said, this was stated: “ ‘Bespeaking’ acquires whether intentional or not intentional, the words of Rebbi. But the Sages say, it acquires only with intention. Rebbi agrees that qiddushin acquire only with intention.” What is Rebbi’s reason? Intercourse acquires, “bespeaking” acquires. Just as intercourse acquires whether intentional or not intentional, so “bespeaking” acquires whether intentional or not intentional. And just as Rebbi says, “bespeaking” acquires whether intentional or not intentional, so he says the bill of divorce frees whether intentional or not intentional. And why does Rebbi say that “bespeaking” acquires whether intentional or not intentional? Since intercourse of an adult acquires whether intentional or not intentional. Even if the bill of divorce would free even if not intentional, ḥalîṣah can free only if it is intentional.

What is touching? Rav Jehudah in the name of Samuel: That the finger should be seen between the lips. Rebbi Joḥanan said, until the gland enters. Rebbi Abba bar Ḥiyya in the name of Rebbi Joḥanan: When the gland has entered that is completion of intercourse. What are we dealing with? If about incest prohibitions, He made the one who touches equal to him who finishes. If for a bound slave girl, until he ejaculates, since Rebbi Jeremiah, Rebbi Abba bar Mamal, said in the name of Rav: “Flow of semen”, until he ejaculates. But we must deal with a widow for the High Priest. When he touched her, he became guilty for desecrating her. When the gland entered, he became guilty for having intercourse. When he ejaculated, he became guilty because “he shall not desecrate his semen in his people.”

What is touching? Rav Jehudah in the name of Samuel: That the finger should be seen between the lips. Rebbi Joḥanan said, until the gland enters. Rebbi Abba bar Ḥiyya in the name of Rebbi Joḥanan: When the gland has entered that is completion of intercourse. What are we dealing with? If about incest prohibitions, He made the one who touches equal to him who finishes. If for a bound slave girl, until he ejaculates, since Rebbi Jeremiah, Rebbi Abba bar Mamal, said in the name of Rav: “Flow of semen”, until he ejaculates. But we must deal with a widow for the High Priest. When he touched her, he became guilty for desecrating her. When the gland entered, he became guilty for having intercourse. When he ejaculated, he became guilty because “he shall not desecrate his semen in his people.”

May she eat heave? Rebbi Abba in the name of Samuel: It is reasonable that she should eat if she was eating during her husband’s lifetime; otherwise she may not eat. Rebbi Joḥanan said, she eats even if she did not eat before. Rebbi Yose said, even if she was only able to eat. There is a baraita in support of either one. There is a baraita supporting Samuel: A hearing daughter of an Israel who married a deaf-mute Cohen does not eat heave. If he died and she came before the levir, if he is hearing, she eats, deaf-mute does not eat. There is a baraita supporting Rebbi Joḥanan: A hearing daughter of an Israel who became engaged to a hearing Cohen, who did not manage to bring her to the bridal chamber before he became deaf-mute or before she became deaf-mute, does not eat heave. If he died and she came before a levir she eats even if he is deaf-mute. In this He increased the power of the levir over that of the husband since the deaf-mute levir enables her to eat, but the deaf-mute husband does not enable her to eat.

HALAKHAH: “Similarly, anybody who comes upon any of the incest-prohibited women,” etc. “He should not take a widow.” Even if under duress? The verse says, “he shall not desecrate his seed in his people.” Even if he touched? The verse does not say לא יחול but לא יחלל, even under duress; לא יחול but לא יחלל, even by touching. So far following Rebbi Aqiba. Following Rebbi Ismael? Rebbi Ismael stated: It says here “taking” and it says there “taking” referring to incest prohibitions. Since regarding “taking” referred to by incest prohibitions He treated the one who touched as equal to the one who completed, so also regarding “taking” referred to here we should treat the one who touched as equal to the one who completed. Rebbi Ḥaggai asked, if regarding “taking” referred to by incest prohibitions He treated the one who touched as equal to the one who completed and the child is a bastard, so also regarding “taking” referred to here we should treat the one who touched as equal to the one who completed and treat the child as a bastard. Rebbi Yosa said, for which purpose was “desecrated” written? Is not bastard worse than desecrated? Rebbi Abun bar Bisna came in the name of Rebbi Abba bar Mamal. It says here “taking” and it says there “taking” referring to the woman waiting for the levir. Since regarding “taking” referring to the one waiting for the levir He treated the one who touched as equal to the one who completed and the child is acceptable, so also regarding “taking” referred to here we should treat the one who touched as equal to the one who completed and treat the child as acceptable, since Rebbi Abba bar Mamal said: When he touched, he became guilty because of the desecrated one. When the gland entered, he became guilty for having intercourse. When he ejaculated, he became guilty because of desecrating.

HALAKHAH: “Similarly, anybody who comes upon any of the incest-prohibited women,” etc. “He should not take a widow.” Even if under duress? The verse says, “he shall not desecrate his seed in his people.” Even if he touched? The verse does not say לא יחול but לא יחלל, even under duress; לא יחול but לא יחלל, even by touching. So far following Rebbi Aqiba. Following Rebbi Ismael? Rebbi Ismael stated: It says here “taking” and it says there “taking” referring to incest prohibitions. Since regarding “taking” referred to by incest prohibitions He treated the one who touched as equal to the one who completed, so also regarding “taking” referred to here we should treat the one who touched as equal to the one who completed. Rebbi Ḥaggai asked, if regarding “taking” referred to by incest prohibitions He treated the one who touched as equal to the one who completed and the child is a bastard, so also regarding “taking” referred to here we should treat the one who touched as equal to the one who completed and treat the child as a bastard. Rebbi Yosa said, for which purpose was “desecrated” written? Is not bastard worse than desecrated? Rebbi Abun bar Bisna came in the name of Rebbi Abba bar Mamal. It says here “taking” and it says there “taking” referring to the woman waiting for the levir. Since regarding “taking” referring to the one waiting for the levir He treated the one who touched as equal to the one who completed and the child is acceptable, so also regarding “taking” referred to here we should treat the one who touched as equal to the one who completed and treat the child as acceptable, since Rebbi Abba bar Mamal said: When he touched, he became guilty because of the desecrated one. When the gland entered, he became guilty for having intercourse. When he ejaculated, he became guilty because of desecrating.

They objected to Rebbi Jehudah: Think of it, if she was sterile and could not give birth. Think of it, if she was old. Rebbi Eleazar said, intercourse of an unmarried man with an unmarried woman not with the intent of marriage is intercourse of harlotry. Rebbi Abba bar Mamal said, that implies that the High Priest who performed qiddushin by copulation is not having intercourse with a deflowered one.

Rebbi Eleazar in the name of Rebbi Yose ben Zimra: The reason of that Tanna: “Be fruitful and multiply, fill the earth and conquer it.” It is written “he shall conquer it.” Who usually conquers? The man, not the woman. Rebbi Jeremiah, Rebbi Abbahu, Rebbi Isaac bar Marion, in the name of Rebbi Ḥanina: Practice follows Rebbi Joḥanan ben Beroqa. Rebbi Jacob bar Aḥa and Rebbi Jacob bar Idi, Rebbi Isaac bar Ḥaqula in the name of Rebbi Jehudah Neśia: If she requests to be married, she has the law on her side. Rebbi Eleazar in the name of Rebbi Ḥanina: Practice follows Rebbi Joḥanan ben Beroqa. Rebbi Abba bar Zavda said to him, I was with you and it was only said that if she requests to be married, she has the law on her side. In a similar case, referring to what we have stated there: “In the week in which the Ninth of Av falls, it is forbidden to get a haircut and to wash. But on Thursday one is permitted, in preparation for the Sabbath.” Rebbi Abba bar Zavda in the name of Rebbi Ḥanina: Rebbi wanted to do away with the Ninth of Av but they did not let him. Rebbi Eleazar said to him, I was with you and it was only said that Rebbi wanted to do away with the Ninth of Av which happened to be on the Sabbath but they did not let him. He said, since it is pushed away, let it be pushed away. They said to him, it should be pushed to the next day. He recited on these: “Two are better than one.”

Rebbi Eleazar in the name of Rebbi Yose ben Zimra: The reason of that Tanna: “Be fruitful and multiply, fill the earth and conquer it.” It is written “he shall conquer it.” Who usually conquers? The man, not the woman. Rebbi Jeremiah, Rebbi Abbahu, Rebbi Isaac bar Marion, in the name of Rebbi Ḥanina: Practice follows Rebbi Joḥanan ben Beroqa. Rebbi Jacob bar Aḥa and Rebbi Jacob bar Idi, Rebbi Isaac bar Ḥaqula in the name of Rebbi Jehudah Neśia: If she requests to be married, she has the law on her side. Rebbi Eleazar in the name of Rebbi Ḥanina: Practice follows Rebbi Joḥanan ben Beroqa. Rebbi Abba bar Zavda said to him, I was with you and it was only said that if she requests to be married, she has the law on her side. In a similar case, referring to what we have stated there: “In the week in which the Ninth of Av falls, it is forbidden to get a haircut and to wash. But on Thursday one is permitted, in preparation for the Sabbath.” Rebbi Abba bar Zavda in the name of Rebbi Ḥanina: Rebbi wanted to do away with the Ninth of Av but they did not let him. Rebbi Eleazar said to him, I was with you and it was only said that Rebbi wanted to do away with the Ninth of Av which happened to be on the Sabbath but they did not let him. He said, since it is pushed away, let it be pushed away. They said to him, it should be pushed to the next day. He recited on these: “Two are better than one.”

It was stated: If she brought them when they were small, she takes them when they are lads. If she brought him two vessels. If one of them was worth the value of her marriage contract, she takes it for her marriage contract. If one and a half was the value of her marriage contract, [disagreement of] Rav Huna and Rav Naḥman bar Jacob. One of them said, he pays for the second vessel and takes it; the other one says, she pays for the second vessel and takes it. Rebbi Abba bar Cahana said before Rebbi Immi, Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: Even if one was worth one and a half times the value of her marriage contract, she pays for the second vessel and takes it, because it is unthinkable that others should use her vessels. Rebbi Jacob bar Aḥa in the name of Rebbi Ze‘ira: A baraita says so: If she brought them for their monetary value, she takes them for their monetary value.

“The deaf-and-dumb disables.” Did not Rebbi Ḥiyya state: “The wife of the deaf-and-dumb or the insane immerses herself from her husband’s bosom and eats”? Rebbi Abba Mari and Rebbi Mattaniah, one said, a disqualified deaf-and-dumb, the other said, a deaf-and-dumb levir.

Rebbi Abba in the name of Rebbi Abba bar Jeremiah: A woman who has been raped does not have to wait three months. Rebbi Jonah said this before Rebbi Yose. He said to him, do not accept that from here, they were lenient for eating heave. If a daughter of a Cohen was married to an Israel, her husband went overseas, and she received notice that he died, does she not immediately eat heave? But because of a fetus she has to wait three months.

Rebbi Abba in the name of Rebbi Abba bar Jeremiah: A woman who has been raped does not have to wait three months. Rebbi Jonah said this before Rebbi Yose. He said to him, do not accept that from here, they were lenient for eating heave. If a daughter of a Cohen was married to an Israel, her husband went overseas, and she received notice that he died, does she not immediately eat heave? But because of a fetus she has to wait three months.

“If they are unable to marry in Israel they disable.” These are: “A child of nine years and one day, an Ammonite, Moabite, or Egyptian proselyte, or a bastard, desecrated, Gibeonite, Samaritan, and Gentile who had intercourse with the daughter of an Israel, a Cohen, or a Levite, disqualified her for the priesthood. Rebbi Yose said, everybody’s intercourse disqualifies whose descendant would be disqualified; his intercourse does not disqualify those whose descendant would not be disqualified. Rabban Simeon ben Gamliel says, in all cases, if his daughter is permitted to you, so is his widow; if his daughter is not permitted to you, neither is his widow.” In what do they differ? Rebbi Joḥanan says, an Ammonite or Moabite proselyte is between them. For him who says, everybody’s intercourse disqualifies whose descendant would be disqualified, here since his descendant would be disqualified, his intercourse disqualifies. For him who says, if you may marry his daughter you may marry his widow, here since you may marry his daughter you may marry his widow. The words of the Sages? Rebbi Jeremiah in the name of [the rabbis], Rebbi Abba, both say: Regarding the daughter of an Ammonite or Moabite proselyte or the daughter of a second-generation Egyptian, even though his daughter is permitted to you, his widow is forbidden to you. Rebbi Zakkai: Rebbi Alexander sent to ask [about] the daughter of an Ammonite proselyte and the daughter of a second-generation Egyptian. Rebbi Yose said to him, did you not hear that Rebbi Jeremiah in the name of the rabbis, Rebbi Abba, both say: Regarding the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian, even though his daughter is permitted to you, his widow is forbidden to you. And everybody’s intercourse disqualifies whose descendant would be disqualified. Do we not need it when her mother was from Israel? That you should not say that since her mother was desecrated so her daughter was desecrated. In addition, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed, the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian, Rebbi Joḥanan said, they are acceptable, Rebbi Simeon ben Laqish said, they are disqualified. Rebbi Yose ben Abun said, they disagree about the old women: Rebbi Joḥanan said, they are acceptable, Rebbi Simeon ben Laqish said, they are disqualified.

“If they are unable to marry in Israel they disable.” These are: “A child of nine years and one day, an Ammonite, Moabite, or Egyptian proselyte, or a bastard, desecrated, Gibeonite, Samaritan, and Gentile who had intercourse with the daughter of an Israel, a Cohen, or a Levite, disqualified her for the priesthood. Rebbi Yose said, everybody’s intercourse disqualifies whose descendant would be disqualified; his intercourse does not disqualify those whose descendant would not be disqualified. Rabban Simeon ben Gamliel says, in all cases, if his daughter is permitted to you, so is his widow; if his daughter is not permitted to you, neither is his widow.” In what do they differ? Rebbi Joḥanan says, an Ammonite or Moabite proselyte is between them. For him who says, everybody’s intercourse disqualifies whose descendant would be disqualified, here since his descendant would be disqualified, his intercourse disqualifies. For him who says, if you may marry his daughter you may marry his widow, here since you may marry his daughter you may marry his widow. The words of the Sages? Rebbi Jeremiah in the name of [the rabbis], Rebbi Abba, both say: Regarding the daughter of an Ammonite or Moabite proselyte or the daughter of a second-generation Egyptian, even though his daughter is permitted to you, his widow is forbidden to you. Rebbi Zakkai: Rebbi Alexander sent to ask [about] the daughter of an Ammonite proselyte and the daughter of a second-generation Egyptian. Rebbi Yose said to him, did you not hear that Rebbi Jeremiah in the name of the rabbis, Rebbi Abba, both say: Regarding the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian, even though his daughter is permitted to you, his widow is forbidden to you. And everybody’s intercourse disqualifies whose descendant would be disqualified. Do we not need it when her mother was from Israel? That you should not say that since her mother was desecrated so her daughter was desecrated. In addition, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed, the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian, Rebbi Joḥanan said, they are acceptable, Rebbi Simeon ben Laqish said, they are disqualified. Rebbi Yose ben Abun said, they disagree about the old women: Rebbi Joḥanan said, they are acceptable, Rebbi Simeon ben Laqish said, they are disqualified.

In the opinion of Rebbi Aqiba, for which reason were “sojourner or hireling” written for heave? Like what Rebbi Hila said in the name of Rebbi Yasa, if somebody bought uncircumcised slaves from a Gentile with the understanding that he would circumcise them. Rebbi Yose in the name of Rebbi Joḥanan, Rebbi Simeon bar Abba in the name of Rebbi Joḥanan: If somebody bought uncircumcised slaves from a Gentile with the understanding that he would circumcise them, they [still] cannot eat heave even if circumcised. Rebbi Yose in the name of Rebbi Joḥanan, Rebbi Simeon bar Abba in the name of Rebbi Joḥanan: If somebody bought slaves from a Gentile with the understanding that he would circumcise them but they changed their minds, he keeps them for twelve months. If they accept, it is fine; otherwise, he may sell them to a Gentile. Rebbi Isaac bar Naḥman in the name of Rebbi Joshua ben Levi: It happened that somebody bought a village full of uncircumcised slaves from a Gentile with the understanding that he would circumcise them but they changed their minds. He came and asked the rabbis. They said to him, keep them for twelve months. If they accept, it is fine; otherwise one follows the local customs.

In the opinion of Rebbi Aqiba, for which reason were “sojourner or hireling” written for heave? Like what Rebbi Hila said in the name of Rebbi Yasa, if somebody bought uncircumcised slaves from a Gentile with the understanding that he would circumcise them. Rebbi Yose in the name of Rebbi Joḥanan, Rebbi Simeon bar Abba in the name of Rebbi Joḥanan: If somebody bought uncircumcised slaves from a Gentile with the understanding that he would circumcise them, they [still] cannot eat heave even if circumcised. Rebbi Yose in the name of Rebbi Joḥanan, Rebbi Simeon bar Abba in the name of Rebbi Joḥanan: If somebody bought slaves from a Gentile with the understanding that he would circumcise them but they changed their minds, he keeps them for twelve months. If they accept, it is fine; otherwise, he may sell them to a Gentile. Rebbi Isaac bar Naḥman in the name of Rebbi Joshua ben Levi: It happened that somebody bought a village full of uncircumcised slaves from a Gentile with the understanding that he would circumcise them but they changed their minds. He came and asked the rabbis. They said to him, keep them for twelve months. If they accept, it is fine; otherwise one follows the local customs.

A slave may be a permanent sojourner. A sojourner is like a Gentile in every respect. Rebbi Samuel bar Ḥiyya bar Jehudah in the name of Rebbi Ḥanina: One keeps the sojourner for twelve months. If he changes his mind, that is fine; otherwise he is like a Gentile in all respects. Rebbi Samuel bar Ḥiyya bar Jehudah, Rebbi Ḥanina in the name of Rebbi: The sojourner has to accept on condition that he may eat cadaver meat. Rebbi Hila said, one would then say, the words are [interpreted] as they are written. What does it mean, the words are [interpreted] as they are written? Rebbi Yose ben Ḥanina said, “You shall not eat any cadaver; to the sojourner in your midst you shall give it that he eat it.” Some Tannaim state: One does not receive a sojourner unless he accepts all commandments written in the Torah. Some Tannaim state: One does not receive a sojourner unless he renounces his idolatry. Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi: One does not receive a sojourner unless he renounces his idolatry as a Gentile. Rebbi Ze‘ira said, from their consensus: unless he renounces his idolatry as a Gentile. For if it were not so, what would we say? Since he is forbidden idolatry he cannot render profane. But are Gentiles not also forbidden idolatry and they do render profane? Rebbi Yose said, that you should not say, since he is equal to an Israel in three respects, do not oppress, do not cheat, and he is exiled like an Israel, that he has no power to render profane. Therefore, it was necessary to spell out that he renders idols profane like a Gentile. Who is the Tanna who includes “do not oppress”? He is Rebbi Yose ben Rebbi Jehudah, as it was stated: The sojourner is protected by the prohibition, the words of Rebbi Yose ben Rebbi Jehudah.

It is written: “Any slave who is a man bought by money.” You circumcise by force a slave who is a man, you do not circumcise by force a son who is a man. Rebbi Joḥanan asked, does this imply that you may circumcise a minor by force? Even like one of undescended testicles? Rebbi Ḥizqiah in the name of Rebbi Abba: It is so. “If he found there a foundling. If he immersed him as a slave, he circumcises him as a slave; [if he immersed him] as a free person, he circumcises him as a free person.” Rebbi Joḥanan asked, as a slave, he circumcises him as a slave; even like one of undescended testicles? Rebbi Abbahu and Rebbi Eleazar in the name of Rebbi Hoshaia did not say so, but “any slave who is a man bought by money.” If your slave is a man, you circumcise him by force. If your son is a man, you do not circumcise him by force. This refers to what Rebbi Hila said in the name of Rebbi Yasa: If somebody buys uncircumcised slaves from Gentiles on condition that he will circumcise them, in any case if they are slaves who are men, you circumcise them by force. On condition that he will not circumcise them, he is like a son who is a man, you do not circumcise him by force.

“The one whose urethra is cut off, anyone whose penis is cut, but he is qualified if there is a thread’s [breath] left of the corona,” etc. Rebbi Yose in the name of Rebbi Ḥanina: Of the upper side of the corona. Rebbi Ḥiyya in the name of Rebbi Ḥanina: Of the lower side of the corona. Rebbi Joshua ben Levi said, of the lower side of the corona. There, they said, if it has the shape of a drainpipe, he is qualified. Rebbi Hila in the name of Rebbi Joḥanan, if it has the shape of a writing reed, he is qualified, of an inverted writing reed, he is disqualified. If it is punctured, from the inside he is disqualified, from the outside he is qualified. Rebbi Abba in the name of Rav Jehudah, “inside” [means] from the corona towards the body; “outside” [means] from the corona away from the body. If it is punctured, he is disqualified; if it became blocked, he is qualified. If [the urethra] is punctured, he is disqualified, because it pours out; if it became blocked, he is qualified because he can be fertile. That is a disqualification which can revert to a qualification. The only difference between one injured in his lower parts and one whose testicles are injured are medical rules since an injured testicle may heal, an injured urethra does not heal. What can he do? Rebbi Jacob bar Aḥa in the name of Rav Jehudah: He brings ants, lets them bite, and cuts them off.

Samuel bar Abba asked: Are generations counted for slaves? How is that? A converted Ammonite slave who married a converted Egyptian slave. After three generations they converted. If you say that generations are counted for slaves, the males are permanently forbidden but the females are permitted after three generations.

They asked Rebbi Eliezer, what is the status of the eleventh generation of a bastard? He said to them, bring to me a third generation and I shall declare him pure. What is Rebbi Eliezer’s reason since he does not seem to follow Rebbi Ḥanina? As Rebbi Ḥanina said, once every sixty to seventy years the Holy One, praise to Him, brings a plague into the world to finish off the bastards and he takes the qualified ones with them in order not to publicize the sinners. This parallels what Rebbi Levi said in the name of Rebbi Simeon ben Laqish: “In the place where the ascent offering has its throat cut before the Eternal, the purification sacrifice has its throat cut,” in order not to publicize the sinners. What is the reason? “ Also He is wise and brings evil;” should it not rather be “brings good”? But to teach you that even the evil that the Holy One, praise to Him, brings to the world, He brings in wisdom. “His word He did not remove,” why all this? “He overcomes the house of evildoers and accomplices of workers of iniquity.” That parallels what Rebbi Levi said in the name of Rebbi Simeon ben Laqish: “In the place where the ascent offering has its throat cut before the Eternal, the purification sacrifice has its throat cut,” in order not to publicize the sinners. Rav Huna said, no bastard lives more than thirty days. When Rebbi Ze‘ira immigrated here, he heard voices call “he-bastard, she-bastard”. He said, what is this? There goes that of Rav Huna, since Rav Huna said, no bastard lives more than thirty days. Rebbi Jacob bar Aḥa said to him, I was with you when Rebbi Abba, Rav Huna said in the name of Rav: No bastard lives more than thirty days, when? If it is unknown. Therefore, if it is known, he lives.

“Any child from either of the men is a bastard.” One understands that the child is a bastard from the second [husband]. Is it a bastard from the first? Rebbi Abba in the name of Rebbi Ze‘ira, this follows Rebbi Aqiba, since Rebbi Aqiba says if a man copulates with his wife whom he accuses of infidelity the child is a bastard, if a man takes back his divorcee after she had remarried the child is a bastard. Rebbi Yose in the name of Rebbi Hila, according to everybody the child is acceptable; the status of her bill of divorce is the status of her bastardy. What is the difference between them? If the second one gave her a bill of divorce and then the first one copulated with her. In the opinion of Rebbi Abba in the name of Rebbi Ze‘ira, the child is a bastard following Rebbi Aqiba; in the opinion of Rebbi Yose in the name of Rebbi Hila, according to everybody the child is acceptable.

“Any child from either of the men is a bastard.” One understands that the child is a bastard from the second [husband]. Is it a bastard from the first? Rebbi Abba in the name of Rebbi Ze‘ira, this follows Rebbi Aqiba, since Rebbi Aqiba says if a man copulates with his wife whom he accuses of infidelity the child is a bastard, if a man takes back his divorcee after she had remarried the child is a bastard. Rebbi Yose in the name of Rebbi Hila, according to everybody the child is acceptable; the status of her bill of divorce is the status of her bastardy. What is the difference between them? If the second one gave her a bill of divorce and then the first one copulated with her. In the opinion of Rebbi Abba in the name of Rebbi Ze‘ira, the child is a bastard following Rebbi Aqiba; in the opinion of Rebbi Yose in the name of Rebbi Hila, according to everybody the child is acceptable.

HALAKHAH: “If she married by a decision of the court,” etc. Rebbi Abba: Rav Hamnuna and Rebbi Ze‘ira both say that this refers to the beginning of the chapter. What does Rebbi Yose say about the other matters? Let us hear from the following: “Rebbi Yose said, anything which disables for others disables for himself; anything which does not disable for others does not disable for himself.” And Rebbi Abba said, Rav Hamnuna and Rebbi Ze‘ira both say that this refers to the beginning of the chapter. This means that Rebbi Yose does not disagree about the other matters.

HALAKHAH: “If she married by a decision of the court,” etc. Rebbi Abba: Rav Hamnuna and Rebbi Ze‘ira both say that this refers to the beginning of the chapter. What does Rebbi Yose say about the other matters? Let us hear from the following: “Rebbi Yose said, anything which disables for others disables for himself; anything which does not disable for others does not disable for himself.” And Rebbi Abba said, Rav Hamnuna and Rebbi Ze‘ira both say that this refers to the beginning of the chapter. This means that Rebbi Yose does not disagree about the other matters.

Rebbi Abba: Rav Hamnuna and Rebbi Ze‘ira both say that this refers to the beginning of the chapter. What does Rebbi Yose say about the other matters? Let us hear from the following: “Rebbi Yose said, anything which disables for others disables for himself; anything which does not disable for others does not disable for himself.” And Rebbi Abba said, Rav Hamnuna and Rebbi Ze‘ira both say that this refers to the beginning of the chapter.

Rebbi Abba: Rav Hamnuna and Rebbi Ze‘ira both say that this refers to the beginning of the chapter. What does Rebbi Yose say about the other matters? Let us hear from the following: “Rebbi Yose said, anything which disables for others disables for himself; anything which does not disable for others does not disable for himself.” And Rebbi Abba said, Rav Hamnuna and Rebbi Ze‘ira both say that this refers to the beginning of the chapter.

“If he allots her to his son;” he allots her to his son but he may not allot her to his grandson. Samuel bar Abba asked before Rebbi Ze‘ira: In matters of inheritance you take the grandson like the son but here you do not take the grandson like the son? Rebbi Ze‘ira said, if anybody explains this matter, I shall pour him spiced wine. Rebbi Tanḥum answered: In matters of inheritance where the brother can take the place of the son and all others can take the place of the son, the grandson takes the place of the son. The rabbis of Caesarea answered: In matters of impurity you consider the brother like the son and all [near] relatives like the son but not the grandson like the son. He said, there went the spiced wine.

HALAKHAH: “[A woman] did not wait three months,” etc. “If both were Cohanim, he has to mourn intensely for them,” etc. Where do we hold? It is impossible after death [of the first] since we have stated: “He has to mourn intensely for them and they for him.” One understands that he does not defile himself for the second [husband], I say that he is the son of the first. But why does he not defile himself for the first one? It must be that he divorced. Then, as you take it, if he is his son, he should defile himself for him. If he is not his son, he is desecrated, and what happens if he defiles himself? It must be that he raped. Did not Rebbi Abba say in the name of Abba bar Jeremiah that a rape victim does not have to wait three months? Should we say, following the rabbis, but we follow Rebbi Yose!

HALAKHAH: “[A woman] did not wait three months,” etc. “If both were Cohanim, he has to mourn intensely for them,” etc. Where do we hold? It is impossible after death [of the first] since we have stated: “He has to mourn intensely for them and they for him.” One understands that he does not defile himself for the second [husband], I say that he is the son of the first. But why does he not defile himself for the first one? It must be that he divorced. Then, as you take it, if he is his son, he should defile himself for him. If he is not his son, he is desecrated, and what happens if he defiles himself? It must be that he raped. Did not Rebbi Abba say in the name of Abba bar Jeremiah that a rape victim does not have to wait three months? Should we say, following the rabbis, but we follow Rebbi Yose!

It was stated: Rebbi Simeon ben Gamliel says, any human who lives for thirty days is not a still birth, “all redeemed you shall redeem at the age of one month;” and an animal which lives for eight days is not a still birth, “from the eighth day and further it will be welcome as a sacrifice, a gift to the Eternal.” There, they say that practice follows Rabban Simeon ben Gamliel. Rebbi Abba said, where do they disagree? If he was not born in his months. But if he was born in his months, even Rabban Simeon ben Gamliel will agree.

Rebbi Abba, Rav Jehudah in the name of Rav: If Elijah came and said that one performs ḥaliṣah with a shoe, one would listen to him; that one does not perform ḥaliṣah with a sandal, one would not listen to him since most people use a sandal for ḥalîṣah and usage supersedes practice. Rebbi Ze‘ira, Rav Jeremiah, in the name of Rav: If Elijah came and said that one does not perform ḥaliṣah with a shoe, one would listen to him; that one does not perform ḥaliṣah with a sandal, one would not listen to him since most people use a sandal for ḥalîṣah and usage supersedes practice.

Rebbi Ze‘ira showed the bending to Rebbi Abba, Rebbi Isaac. He said to him: Does one do this? He said to him, one does. He said to him, did not our teacher bend?

Rebbi Ze‘ira showed Rebbi Abba bar Isaac how it is done. He binds [the shoelaces] that he can walk unaided. How is it done? Rebbi Ḥanania the son of Rebbi Hillel said, he laces it so that she will be able to untie it with one hand. How is it done? She unties with her right hand, grabs [the shoe] with her left hand, slips it off the heel and drags it away with her right hand, so that the slipping off and the unbinding should be done by the right hand.

Rav said, the essence of ḥalîṣah is the untying of the shoelace. Did not Rebbi Abba say in the name of Rav Jehudah, Rebbi Zeriqan turns to it in the name of Rav: The words of the Sages: If she slips off but did not spit, or spat but did not take off, nothing was done unless she slips off and spits. Even though Rav said “unless she slips off and spits” he agrees that the essence of slipping off is untying the shoelaces.

“A wooden sandal.” The colleagues in the name of Rav: If only the edges are wooden. Rebbi Abba in the name of Rav: If only the bottom of the sole is wooden. There, they say in the name of Rav: If only the loops are wooden. Rebbi Hila in the name of Rebbi Joḥanan: Even if it is entirely of wood it is valid. A baraita supports Rebbi Joḥanan: “ A straw sandal becomes impure by being stepped on and a woman may use it for ḥalîṣah, the words of Rebbi Aqiba, but the Sages do not agree about impurity by being stepped on.”

“ A sandal whose holes, edges, or loops are torn or one of whose soles fell off is pure. If one of its holes, edges, or loops is torn or most of it soles fell of it is impure. Rebbi Jehudah says, on the inside it is impure, on the outside it is pure.” Rebbi Jacob bar Aḥa, Rebbi Tevele, Ḥanin bar Abba in the name of Rav: Practice follows Rebbi Jehuda as far as the Sabbath is concerned. A case came before Rebbi Samuel bar Rav Isaac. He sent Rebbi Jacob bar Aḥa to ask Rebbi Ḥiyya bar Abba. He said to him, just as they disagree about impurity so they disagree about the Sabbath, and instructed him following the rabbis. Rebbi Samuel bar Rav Isaac asked himself: One heard saying, practice follows Rebbi Jehuda, and he instructed him following the rabbis? A case came before Rebbi Aḥa bar Isaac. He sent to ask Rebbi Ze‘ira and Rebbi Ze‘ira asked Rebbi Immi. The latter said to him: Following the words of him who declares impure, it is permitted to go out on it on the Sabbath. Following the words of him who declares pure, it is forbidden to go out on it on the Sabbath. He did not get anything out of him.

“ A sandal whose holes, edges, or loops are torn or one of whose soles fell off is pure. If one of its holes, edges, or loops is torn or most of it soles fell of it is impure. Rebbi Jehudah says, on the inside it is impure, on the outside it is pure.” Rebbi Jacob bar Aḥa, Rebbi Tevele, Ḥanin bar Abba in the name of Rav: Practice follows Rebbi Jehuda as far as the Sabbath is concerned. A case came before Rebbi Samuel bar Rav Isaac. He sent Rebbi Jacob bar Aḥa to ask Rebbi Ḥiyya bar Abba. He said to him, just as they disagree about impurity so they disagree about the Sabbath, and instructed him following the rabbis. Rebbi Samuel bar Rav Isaac asked himself: One heard saying, practice follows Rebbi Jehuda, and he instructed him following the rabbis? A case came before Rebbi Aḥa bar Isaac. He sent to ask Rebbi Ze‘ira and Rebbi Ze‘ira asked Rebbi Immi. The latter said to him: Following the words of him who declares impure, it is permitted to go out on it on the Sabbath. Following the words of him who declares pure, it is forbidden to go out on it on the Sabbath. He did not get anything out of him.

It was stated: But he may walk on it until he reaches the entrance of his courtyard. Rebbi Aḥa and Rebbi Ze‘ira were walking on the highway. The sandal of Rebbi Aḥa was torn. When they came to the city gate, Rebbi Ze‘ira told him, that is the entrance of your courtyard. Rebbi Aḥa wound a fiber around. Rebbi Abbahu wound a bundle of Jew’s mallow. Rebbi Abbahu was of the opinion that a bundle of Jew’s mallow is ready to be used. Rebbi Jonah threw them away before the fried food store. That is little honor. The honor of Rebbi Eleazar obliged him to take it off. Rebbi Jeremiah asked before Rebbi Ze‘ira: May one switch? He said to him, it is permitted. Nevertheless, he told him: go and look for an Elder and rely on him. He went out and found Rebbi Abba bar Mamal, asked him, and he permitted. Rebbi Yose said, the Mishnah said that this is clothing, since we have stated: “Or with a left [foot sandal] on the right [foot], the ḥalîṣah is valid.” That means, in width. But in length it must cover most of the foot.

HALAKHAH: “If she stripped off and spat,” etc. Samuel said, if she stripped but did not spit, she shall spit. This follows Rebbi Eliezer. Rebbi Hila in the name of Rebbi Eleazar: If she stripped but did not recite nor spit, her ḥalîṣah is invalid. Still that is Rebbi Eliezer’s. The words of the Sages? Rebbi Abba in the name of Rav Jehudah, Zeriqan turned to it in the name of Rav: If she stripped but did not spit, or spat but did not strip, she did not do anything until she strips and spits. Rebbi Abba asked before Rebbi Immi: If she spat before she stripped? He said, it is as if in the correct order. If he made a betrothal with a cluster of end-of-harvest [figs]? He said to him, with the figs hanging there he made the betrothal. May one open an Egyptian window into a common backyard higher than four cubits? He said to him, so we are saying: He comes simply for the air. Rebbi Nasa said, that is what he said: If somebody wants to build his house in the form of a dovecot, does one not listen to him?

HALAKHAH: “If she stripped off and spat,” etc. Samuel said, if she stripped but did not spit, she shall spit. This follows Rebbi Eliezer. Rebbi Hila in the name of Rebbi Eleazar: If she stripped but did not recite nor spit, her ḥalîṣah is invalid. Still that is Rebbi Eliezer’s. The words of the Sages? Rebbi Abba in the name of Rav Jehudah, Zeriqan turned to it in the name of Rav: If she stripped but did not spit, or spat but did not strip, she did not do anything until she strips and spits. Rebbi Abba asked before Rebbi Immi: If she spat before she stripped? He said, it is as if in the correct order. If he made a betrothal with a cluster of end-of-harvest [figs]? He said to him, with the figs hanging there he made the betrothal. May one open an Egyptian window into a common backyard higher than four cubits? He said to him, so we are saying: He comes simply for the air. Rebbi Nasa said, that is what he said: If somebody wants to build his house in the form of a dovecot, does one not listen to him?

There, they say: “She came before us, stripped his shoe from his right foot, spat before us spittle that was visible on the ground, and said: ‘So should be done to a man who would not build his brother’s house.’ ” Rebbi Abbahu said, since the spittle was visible when it left her mouth it is valid, even if the wind dissipated it. If she spat blood? Rebbi Abba in the name of Rav Jehudah, Rebbi Zeriqan turned to it, Rebbi Jeremiah in the name of Abba bar Abba, Rebbi Ze‘ira turned to it in the name of Samuel: If it contains some liquid spittle, it is valid. How does the handless [woman] perform ḥalîṣah? With her teeth.

There, they say: “She came before us, stripped his shoe from his right foot, spat before us spittle that was visible on the ground, and said: ‘So should be done to a man who would not build his brother’s house.’ ” Rebbi Abbahu said, since the spittle was visible when it left her mouth it is valid, even if the wind dissipated it. If she spat blood? Rebbi Abba in the name of Rav Jehudah, Rebbi Zeriqan turned to it, Rebbi Jeremiah in the name of Abba bar Abba, Rebbi Ze‘ira turned to it in the name of Samuel: If it contains some liquid spittle, it is valid. How does the handless [woman] perform ḥalîṣah? With her teeth.

There, they say: “She came before us, stripped his shoe from his right foot, spat before us spittle that was visible on the ground, and said: ‘So should be done to a man who would not build his brother’s house.’ ” Rebbi Abbahu said, since the spittle was visible when it left her mouth it is valid, even if the wind dissipated it. If she spat blood? Rebbi Abba in the name of Rav Jehudah, Rebbi Zeriqan turned to it, Rebbi Jeremiah in the name of Abba bar Abba, Rebbi Ze‘ira turned to it in the name of Samuel: If it contains some liquid spittle, it is valid. How does the handless [woman] perform ḥalîṣah? With her teeth.

It was stated: A mistaken ḥalîṣah is valid. What is a mistaken ḥalîṣah? Rebbi Simeon ben Laqish said, a case where one told him, perform ḥalîṣah and she will be permitted to you after some time. Rebbi Joḥanan said, yesterday I was sitting and learning that “if he has the intention but not she, or she has the intention but not he, ḥalîṣah is always invalid unless both of them have the intention!” What is a mistaken ḥalîṣah for Rebbi Joḥanan? A case where one told him, perform ḥalîṣah and she will pay you a hundred talents. Rebbi Mana said, if this was stipulated as a condition, she has to pay. A case came before Rebbi Huna and he followed Rebbi Simeon ben Laqish. When he heard that Rebbi Joḥanan disagreed, he changed his opinion and forced a second ḥalîṣah. A case came before Rebbi Ḥiyya bar Abba. He told him, my son, this woman does not want to be married in levirate; therefore perform ḥalîṣah and remove your candidacy from her, then she will marry you in a regular marriage. After the ḥalîṣah, he said to him: Even if Moses and Samuel came, they could not permit her. He referred to himself as “they are wise to do evil; they do not know how to do good.”

HALAKHAH: “The House of Shammai say, one permits repudiation,” etc. There, we have stated: “Rebbi Jehudah bar Abba testified to five statements: That one makes underage girls repudiate, … ” Does one disagree with testimony? One disagrees about the essence of the testimony. So was the essence of the testimony: “The House of Shammai say, one makes only betrothed girls repudiate, but the House of Hillel say, betrothed or married”. It is difficult following the House of Hillel! Her marriage permitted her, he has the right to what she finds and earns, to dissolve her vows, and she is his wife in every respect. And you say so? They gave you of your own. By right, her marriage should not be a marriage. They said that her marriage is a marriage and they said that she may repudiate him and leave.

Rebbi Abba in the name of Rav Ḥiyya bar Ashi: It happened that a girl went to wash at the river when they said to her, your betrothed is passing by. She said, let my mother go and marry him! When the case came before the Sages, they said that there is no repudiation stronger than that. Rebbi Ḥanina said, It happened that a girl went to buy flax from the flax dealer when they said to her, your betrothed is passing by. She said, let my mother go and marry him! When the case came before the Sages, they said that there is no repudiation stronger than that. It was stated in the name of Rebbi Jehudah: “Even if she went to buy something at the store and said, I cannot endure my husband X, there is no repudiation stronger than this.

Does a court convene for repudiation? Was it not stated: Flee from three and cling to three. Cling to ḥalîṣah, annulling vows, and making peace. But flee from repudiations, from being a guarantor, and from receiving deposits. Rebbi Simeon bar Abba said, its name is not פקדון “deposit” but פק דון “go to court”. Rebbi Berekhiah said, “My son, if you became guanrantor for your neighbor.” Does a court convene for repudiation? Explain it that they were sitting in another matter and the case came before them.

So is the Mishnah: Or she should repudiate him and marry. Therefore, she cannot get herself betrothed. That means, if she transgresses and repudiated after marriage, the House of Shammai recognize her act of repudiation. Rebbi Abba in the name of Rebbi Tanḥum bar Ḥiyya: A rumor spreads for a married woman but not for a betrothed one. A woman might hide herself and say, I was not betrothed, but she will not be able to hide herself and say, I did not marry.

What is the status of her co-wife? Rav said, her co-wife is forbidden. Rebbi Joḥanan said, her co-wife is forbidden. Rebbi Simeon ben Laqish said, her co-wife is permitted. Rebbi Eleazar said, I looked around at the rabbis here and at the rabbis there and did not find anybody agreeing with me except Rebbi Simeon ben Laqish who says, her co-wife is permitted.Rav Hamnuna was sitting before Rav Ada bar Ahava and said, what is the status of her co-wife? He said to him, she is permitted. He asked, divorce? He answered, forbidden. He said, go around. Rebbi Abba bar Mamal said, it is reasonable following him who said that her co-wife is permitted. But following him who said, her co-wife is forbidden, as you take it: The aspect he acquired in her makes the corresponding aspect forbidden in her co-wife, the aspect he did not acquire in her makes the corresponding aspect permitted in her co-wife! Rebbi Shammai said, does one admit that kind of argument in matters of incest prohibitions? What about it? For any sister-in-law who is not totally outside [the family], the acquired aspect of her belongs to an incest prohibition and an incest prohibition forbids the co-wife.

HALAKHAH: “A woman went with her husband,” etc. Just as you say, “if there are witnesses that she is a married woman and she says, I was divorced, she is not trustworthy;” would I say it is the same here? There is a difference for witnesses of death since if he comes he disproves [the testimony]. Then she should be trustworthy to say: “my levir died”! That is impossible since we have stated: “A woman is not trustworthy if she says ‘my levir died’ to remarry, or ‘my sister died’ to enter her house.” Rebbi Abba said, she is trustworthy for her husband whom she married out of her free will; she is not trustworthy about her levir on whom she was thrown against her will. Rebbi Hoshaia asked, think of it, then she should not be trustworthy if she was forced to marry him!

What is a quarrel? Rebbi Abba in the name of Rav Ḥiyya bar Ashi. “You never gave me qiddušin, you did not divorce me, I never was your wife,” that is not a quarrel. “You gave me qiddušin, you divorced me, but you never paid me what is owed me under my ketubah,” that is a quarrel. When Rebbi Abba said this before Rebbi Ḥiyya bar Abba, he said to him, my son, even if she clearly requests to be divorced.

What is a quarrel? Rebbi Abba in the name of Rav Ḥiyya bar Ashi. “You never gave me qiddušin, you did not divorce me, I never was your wife,” that is not a quarrel. “You gave me qiddušin, you divorced me, but you never paid me what is owed me under my ketubah,” that is a quarrel. When Rebbi Abba said this before Rebbi Ḥiyya bar Abba, he said to him, my son, even if she clearly requests to be divorced.

What is a quarrel? Rebbi Abba in the name of Rav Ḥiyya bar Ashi. “You never gave me qiddušin, you did not divorce me, I never was your wife,” that is not a quarrel. “You gave me qiddušin, you divorced me, but you never paid me what is owed me under my ketubah,” that is a quarrel. When Rebbi Abba said this before Rebbi Ḥiyya bar Abba, he said to him, my son, even if she clearly requests to be divorced.

Rav Huna insists on interpreting the contract text. Rav Huna explained: “The sons shall inherit but the daughters must be fed.” Since the sons inherit movables, the daughters also are fed from movables. Samuel said, the daughters are not fed from movables. A Mishnah supports Samuel: “The female children you shall have from me shall dwell in my house and be supported from my property.” It was stated on this: From real estate but not from movables. Rebbi Abba bar Zavda said: Rav Huna follows Rebbi and Samuel follows Rebbi Simeon ben Eleazar, as it was stated: “One uses both guaranteed property and non-guaranteed property for the support of the wife and the daughters, the words of Rebbi. Rebbi Simeon ben Eleazar says, guaranteed property may be taken by sons from sons, by daughters from daughters, by sons from daughters, and by daughters from sons. But non-guaranteed property may be taken by sons from daughters but not by daughters from sons.” They said, Rav Huna reversed himself. They said, that was well done, ketubah is a biblical commandment but support of the daughters is from their words. May their words uproot a biblical commandment? It must be that they differ about the money contained in their mother’s ketubah. But is the money contained in their mother’s ketubah not also real estate?

“If somebody who works his wife’s property has the intention of divorcing her and goes and takes from the ground, he is quick and is rewarded. If somebody who works the property of prisoners heard that they prepare to return, goes and takes from the ground, he is quick and is rewarded. These are properties of prisoners: In any case where his father, brother, or any person from whom he might inherit, went overseas, he heard that they died, and he went to work the inheritance. But property of abandoning persons one takes out of their hands. These are properties of abandoning persons: In any case where his father, brother, or any person from whom he might inherit, went overseas, he did not hear that they died, but he went to work the inheritance. Rabban Simeon ben Gamliel said, I heard that there is no difference between prisoners and abandoning persons. But property of broken persons one takes out of their hands. These are properties of smashed persons: In any case where his father, brother, or any person from whom he might inherit, went overseas, and his whereabouts are not known.” Samuel says, the prisoner is one who left involuntarily. If he had left voluntarily he would have given him instructions. The abandoning person is one who left voluntarily. You should know that he had the intention of keeping [the relative] off his property since he left voluntarily and did not give him instructions. Rebbi Aḥa, Rebbi Abba, Rav Jehudah in the name of Samuel: Movables do not fall under the rules of smashed people. RebbiJacob bar Aḥa in the name of Rav Jehudah: Standing grain ready to be harvested and grapes ready to be harvested are movables. Rav Sheshet asked: Those date palms of Babylonia which do not need grafting, is it not reasonable that we should treat them like standing grain ready to be harvested and grapes ready to be harvested?

“If one witness says,” etc. “If one witness says that he died and she remarried, then another comes and says that he is not dead, she shall not leave.” Because he said that after she had remarried. Therefore if [the second witness came] before she remarried, if she remarried she has to leave. Rebbi Joḥanan said, these are the words of Rebbi Menaḥem ben Rebbi Yose. But the words of the Sages [are], whether he testified after she remarried or before she remarried, she should not remarry, but if she remarried she shall not leave. Rav Naḥman bar Jacob said in the name of Rav, if she was married by the testimony of two witnesses, even if he returns, one says to him, “you are not he.” Rebbi Samuel ben Rav Isaac asked, think of it, if he is a famous person like Immi? Rebbi Yose ben Rebbi Abun said, is there nobody who would look like Rebbi Immi? There came a case before the rabbis there. They said to him, “you are not he.” Abba bar Abba got up and whispered in his ear saying, by your life, give her a bill of divorce because of the doubt. Rav’s students got up and beat him. Somebody said, the whip is burning and the footstool is burning. Samuel said, I was there, no whip was burning and no footstool was burning, but my father was hit and got up. There came a case before Rebbi Immi. He said to him, yes, it is sure that she is permitted to you but you should know that the child of this man is a bastard before Heaven. Rebbi Ze‘ira was praising him because he made the situation clear.

“If one witness says,” etc. “If one witness says that he died and she remarried, then another comes and says that he is not dead, she shall not leave.” Because he said that after she had remarried. Therefore if [the second witness came] before she remarried, if she remarried she has to leave. Rebbi Joḥanan said, these are the words of Rebbi Menaḥem ben Rebbi Yose. But the words of the Sages [are], whether he testified after she remarried or before she remarried, she should not remarry, but if she remarried she shall not leave. Rav Naḥman bar Jacob said in the name of Rav, if she was married by the testimony of two witnesses, even if he returns, one says to him, “you are not he.” Rebbi Samuel ben Rav Isaac asked, think of it, if he is a famous person like Immi? Rebbi Yose ben Rebbi Abun said, is there nobody who would look like Rebbi Immi? There came a case before the rabbis there. They said to him, “you are not he.” Abba bar Abba got up and whispered in his ear saying, by your life, give her a bill of divorce because of the doubt. Rav’s students got up and beat him. Somebody said, the whip is burning and the footstool is burning. Samuel said, I was there, no whip was burning and no footstool was burning, but my father was hit and got up. There came a case before Rebbi Immi. He said to him, yes, it is sure that she is permitted to you but you should know that the child of this man is a bastard before Heaven. Rebbi Ze‘ira was praising him because he made the situation clear.

Rav said, if testimony was contradicted in its essence, the testimony is not void. Rebbi Joḥanan said, if testimony was contradicted in itself, the testimony is void in the opinion of everybody. If testimony was contradicted in some aspects that belong after the fact, the testimony is not void. Rebbi Joḥanan is consistent since Rebbi Abba, Rebbi Ḥiyya, said in the name of Rebbi Joḥanan, if it was agreed that he counted but one [witness] said, he counted from a wallet and the other said, he counted from a bundle, that contradicts the essence of the testimony, and Rav will agree that the testimony is void. Where do they disagree? If there were two groups of witnesses, these say he counted from a wallet and the others say he counted from a bundle. That contradicts the essence of the testimony, the testimony is void but according to Rav, the testimony is not void. These say, he counted into his bosom, the others say he counted into his money-belt; everybody agrees that is contradicting testimony after the main testimony, and the testimony is not void. If one [witness] said, he killed him with a mace, the other [witness] said, he killed him with a sword, that contradicts the essence of the testimony, the testimony is void and Rav will agree that the testimony is void. Where do they disagree? If there were two groups of witnesses, these say he killed him with a mace and the others say, he killed him with a sword. That contradicts the essence of the testimony, the testimony is void but according to Rav, the testimony is not void. If these say, he ran away to the South and those say, he ran away to the North, everybody agrees that the testimony was contradictory in some aspects that belong after the fact, the testimony is not void. The strength of Rav comes from the following: “Rebbi Jehudah and Rebbi Simeon say, since both agree that he is not alive they can remarry.” He did nor hear that Rebbi Eleazar said, Rebbi Judah and Rebbi Simeon concede in the case of witnesses. What is the difference between witnesses and the co-wife? Did they not consider the co-wife’s words as nonexistent for her companion? (Rebbi Joḥanan said, if Rebbi Eleazar said this, he heard it from me and formulated it.) A Mishnah disagrees with Rav: “Both in investigations and in cross examinations, if they contradict one another their testimony is void.” Rebbi Mana said, Rav will explain that as referring to single witness against single witness. Rebbi Abun said, even if you say groups and groups. There is a difference in criminal cases: “Justice, justice you shall pursue”.

“He robbed one of five people.” Rebbi Assi said, there is a Mishnah which follows Rebbi Aqiba against Rebbi Tarphon. As we have stated there: “If he said to two people, I robbed a mina from one of you but I do not know who of you it was; I received a deposit of a mina from the father of one of you but I do not know who of you it was; he gives to each of them a mina because he confessed himself.” Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: This is everybody’s opinion. One says, to be clean before Heaven. Rebbi Abba in the name of Rav Jehudah: Here, if witnesses know; there, if no witnesses know. Rebbi Hila in the name of Rebbi Eleazar: Here if they are silent; there if they are talking. Rebbi Jeremiah in the name of Rav: Here if he swore; there if he did not swear. Rebbi Joḥanan said, if he swore, he should have appointed an officer of the court and hand it over to him. Rebbi Joḥanan seems to say, a court which determined that one was a robber, not a court which determined that one was robbed. Rav said, a court which determined that one was robbed, not a court which determined that one was a robber. The strength of Rav is from the following, that Rebbi Simeon ben Eleazar said, a court which determined that one was robbed, not a court which determined that one was a robber. Otherwise he should have kept silent. Rebbi Jeremiah wanted to say, he should have kept silent and not confessed. Rebbi Yose wanted to say, he should have kept silent and not have sworn. Rebbi Yudan said, even following those who say that there is no difference between keeping silent and talking in matters of a robbery, for a deposit they agree that he who keeps silent is rewarded and he who talks loses. He who keeps silent is rewarded from the following: “Two people deposited with the same person, one a mina and one 200 [tetradrachmas]. This one says, the 200 belong to me, and that one says, the 200 belong to me. He gives each one a mina and the rest shall lie with him until Elijah comes.” He who talks loses, from this: “If he said to two people, I robbed a mina from one of you but I do not know which one of you.”

What is the reason of Rebbi Eleazar? Is it because she is not suspected to cause trouble [to herself in order later to cause trouble to her co-wife or because she is not suspected to cause any trouble] to her co-wife? Let us hear from the following: “If a woman went overseas with her husband and returns and says ‘my husband died’, she can remarry and collect her ketubah, but her co-wife remains forbidden.” We explain it, saying that she is suspected to cause trouble to herself in order to cause trouble to her co-wife, and Rebbi Eleazar does not disagree. It is impossible that the reason be that she is not suspected to cause any trouble to her co-wife. We could suspect that perhaps her husband sent her a bill of divorce from overseas. Think of it, what if her [next] husband was a Cohen? Rebbi Abba bar Rebbi Zemina said, she is suspected to produce several desecrated children in order to make bastards of her co-wife’s children.

HALAKHAH: “One testifies only on the appearance of the face,” etc. Rav Jehudah said, the nose with the mandibles. This follows what Rebbi Jeremiah said in the name of Rav: “The recognition of their faces testified about them,” that is the nose. Rebbi Ḥiyya bar Abba said, if somebody does not want to be recognized, he should put a patch on his nostrils, then he will not be recognized. As in the following: In the times of king Ursicinus, some people from Sepphoris were under arrest warrants. They put patches on their nostrils and were not recognized. Finally they were denunciated and all caught because of lies.

It is written: “Abijah and his people inflicted a very great slaughter on them.” Rebbi Abba bar Cahana said, he destroyed the face recognition of the men of Israel. That is what is written, “the recognition of their faces testified about them,” etc. That refers to the nose. Rebbi Immi said, he put up guards for three days until appearance was disfigured. That is what is written: “Your widows are more for me than the sand of the oceans.” It was stated in this respect: One testifies only on the appearance of the face with the nose. It is written: “Jeroboam was powerless for the rest of Aijah’s days; the Eternal smote him and he died.” Rebbi Samuel said, you think that this refers to Jeroboam, but it is Abijah. Why was he smitten? Rebbi Joḥanan said, because he insulted Jeroboam in public. That is what is written: “You are a great multitude and with you are the golden calves that Jeroboam made for you as gods.” Rebbi Simeon ben Laqish said, because he denigrated his teacher Aḥijah from Shiloh. That is what is written: “And men, rascals, joined him,” that he called Aḥijah from Shiloh a rascal. But the rabbis say, because an idol fell into his hand and he did not destroy it, that is what is written: “Abijah pursued Jeroboam and took from him cities, Beth El and its dependencies …” and it is written: “He set up one in Beth El and one he dedicated in Dan.”

So is the Mishnah: “One testifies only up to after three days.” Rebbi Abba in the name of Rav Pappai, Rebbi Joshua from Suknin in the name of Rebbi Levi: During the first three days, the soul hovers over the body because she thinks that she will return to it. Once she sees that the splendor of his face changes after three days, she abandons him and goes away. After three days, the belly breaks open in his face and says to him, there is what you have robbed and extorted. Rebbi Ḥaggai in the name of Rebbi Joshia brings it from that verse: “I shall scatter your stomachs’ contents in your faces,” even “your holidays’ stomach contents.” At that moment, “but his flesh will hurt him, his soul will mourn for him.”

“Even if one saw him cut up,” I say he was burned by a red hot lance and survived. “Or crucified on the cross,” I say a noble lady passed by and redeemed him. “Or an animal was eating of him,” I say that in Heaven they had mercy on him. If he fell into a lion’s den one does not testify about him, I say that miracles happened for him as they did for Daniel. If he fell into a fiery oven one does not testify about him, I say that miracles happened for him as they did for Ḥanaiah, Mishael and Azariah. If he fell into a cistern full of snakes and scorpions one does not testify about him; Rebbi Jehudah ben Baba said, I say he was a snake charmer. If he fell into a boiling vat of water or oil, one does not testify about him. Rebbi Abba said, of oil one testifies, of water one does not testify.

X was lost, X was shaken off, X is not in the world. “X was lost,” I say he was embarrassed. “X was shaken off,” I say that X vomited his food. “X is not in the world,” he is lost in tought. “His ship sank in the sea;” that parallels what Rebbi Abba bar Zavida said in the name of Rav: It happened that Abba Simai’s ship sank in the sea but he was not on it; here it is the same.

X was lost, X was shaken off, X is not in the world. “X was lost,” I say he was embarrassed. “X was shaken off,” I say that X vomited his food. “X is not in the world,” he is lost in tought. “His ship sank in the sea;” that parallels what Rebbi Abba bar Zavida said in the name of Rav: It happened that Abba Simai’s ship sank in the sea but he was not on it; here it is the same.

There, we have stated: “If somebody was bringing a bill of divorce and lost it, if he found it again immediately, it is valid; otherwise it is invalid.” What is immediately? Rebbi Joḥanan said, as long as less than three people passed by. If a Gentile passed by, what is the rule? Let us hear from the following: Abba bar bar Ḥana was bringing a bill of divorce when he lost it. A Saracen found it. The case came before the rabbis and they declared [the bill] valid. That means, if a Gentile passed by, it is valid. May we say that he had an identifying mark on [the bill]? But was it not stated that there are no identifying marks on bills of divorce? That means, two or three lines. But here it had a heh which was pointed. Rebbi Ezra asked before Rebbi Mana, why should it be invalid in that case? I would say, it was another bill executed for a person with the same name. Think of it, if they investigated and did not find there another person with the same name! It must be that one is very strict in matters of possible incest. But did we not state: “They went and found nobody but let his wife remarry; they went there, did not recognize him, and let his wife remarry?” Rebbi Mana said to him: So says Rebbi Shammai, Rebbi Aḥa in the name of Rebbi Abun bar Ḥiyya: This man had two bills of divorce in his hand, one valid and one invalid. He lost the valid one after he had thrown away the invalid one. When he found it, I am saying that he found the invalid one.

Witnesses of a declaration of jealousy who were found to be false are whipped. About witnesses concerning her being in a secluded place who were found to be false, you say that they are whipped; why should they not pay? It is not through their action that she loses her ketubah. Or it might be, following what Rebbi Abba, Rav Jehudah, said in the name of Samuel: One does not infer one thing from another in the matter of false witnesses. And here it is so.

If she was seen going to a secluded place by one witness in the morning and by one witness in the evening, it is to be treated like the following: “If she was together alone with him by the testimony of two witnesses, she needs a second bill of divorce from him; if there was a single witness she does not need a second bill of divorce from him. With one witness in the morning and one witness in the evening, such a case happened and Rebbi Eleazar ben Thaddeus asked the Sages, who told him that this is not being together alone.” If he declared his jealousy before one witness in the morning and before one witness in the evening; since he is a man and she is a woman, his declaration is nothing. Or is it to be treated like the following: “One accepts the witnesses’ testimony only if they saw it together. Rebbi Joshua ben Qorḥah says, even if they saw it one after the other.” Rebbi Jeremiah, Rebbi Samuel bar [Rav] Isaac in the name of Rav: The Sages agree with Rebbi Joshua ben Qorḥah with regard to witnesses of firstlings and witnesses of squatters’ rights. Rebbi Abba in the name of Rebbi Jeremiah. The same holds for testimony regarding signs. In that case, it is obvious if one says, I saw two hairs on his back and the other says, I saw two hairs on his back. If one says, I saw one hair on her back and the other says, I saw one hair on her back, that is nothing; similarly on his back and on his back. If two say, we saw one hair on his back and two others say, we saw one hair on his belly? Rebbi Yose ben Rebbi Abun and Rebbi Hoshaia the son of Rebbi Shammai, one said, it is invalid, but the other said, it is valid. He who says it is invalid considers him as one who testifies to half a sign. He who says it is valid? I say, maybe they were rubbed off. Two say, we saw one hair on his back and two others say, we saw one hair on his belly. Rebbi Ḥaggai said, everybody agrees that this is invalid [testimony]. Rebbi Abba said, everybody agrees that this is valid. Rebbi Yudan said, this is in disagreement; Rebbi Yose said, this is in disagreement. Rebbi Yose said, does not Rebbi Yudan follow my opinion? He answered, I am disagreeing with his teacher, so much more with him. Rebbi Mana said, Rebbi Ḥaggai was correct. If a document was signed by four witnesses and it was disputed, if one person verified the signature of two [witnesses] and another that of the other two, is that worth anything? Does not every single signature need two witnesses? And here, every single hair needs two witnesses. Rebbi Ḥanania learns it from the years of squatting rights. If one [witness] testified that he ate from the property the first, second, and third years and another [witness] testified that he ate from it the fourth, fifth, and sixth, is that worth anything? Does not every single year need two witnesses? And here, ever single hair needs two witnesses.

If she was seen going to a secluded place by one witness in the morning and by one witness in the evening, it is to be treated like the following: “If she was together alone with him by the testimony of two witnesses, she needs a second bill of divorce from him; if there was a single witness she does not need a second bill of divorce from him. With one witness in the morning and one witness in the evening, such a case happened and Rebbi Eleazar ben Thaddeus asked the Sages, who told him that this is not being together alone.” If he declared his jealousy before one witness in the morning and before one witness in the evening; since he is a man and she is a woman, his declaration is nothing. Or is it to be treated like the following: “One accepts the witnesses’ testimony only if they saw it together. Rebbi Joshua ben Qorḥah says, even if they saw it one after the other.” Rebbi Jeremiah, Rebbi Samuel bar [Rav] Isaac in the name of Rav: The Sages agree with Rebbi Joshua ben Qorḥah with regard to witnesses of firstlings and witnesses of squatters’ rights. Rebbi Abba in the name of Rebbi Jeremiah. The same holds for testimony regarding signs. In that case, it is obvious if one says, I saw two hairs on his back and the other says, I saw two hairs on his back. If one says, I saw one hair on her back and the other says, I saw one hair on her back, that is nothing; similarly on his back and on his back. If two say, we saw one hair on his back and two others say, we saw one hair on his belly? Rebbi Yose ben Rebbi Abun and Rebbi Hoshaia the son of Rebbi Shammai, one said, it is invalid, but the other said, it is valid. He who says it is invalid considers him as one who testifies to half a sign. He who says it is valid? I say, maybe they were rubbed off. Two say, we saw one hair on his back and two others say, we saw one hair on his belly. Rebbi Ḥaggai said, everybody agrees that this is invalid [testimony]. Rebbi Abba said, everybody agrees that this is valid. Rebbi Yudan said, this is in disagreement; Rebbi Yose said, this is in disagreement. Rebbi Yose said, does not Rebbi Yudan follow my opinion? He answered, I am disagreeing with his teacher, so much more with him. Rebbi Mana said, Rebbi Ḥaggai was correct. If a document was signed by four witnesses and it was disputed, if one person verified the signature of two [witnesses] and another that of the other two, is that worth anything? Does not every single signature need two witnesses? And here, every single hair needs two witnesses. Rebbi Ḥanania learns it from the years of squatting rights. If one [witness] testified that he ate from the property the first, second, and third years and another [witness] testified that he ate from it the fourth, fifth, and sixth, is that worth anything? Does not every single year need two witnesses? And here, ever single hair needs two witnesses.

There, we have stated: “In all matters of incest, He made him who touches equal to him who completes and one is guilty for each single intercourse. He was more stringent with the slave girl since in her case He treated the intentional as unintentional.” Rebbi Jeremiah, Rebbi Abba bar Mamai in the name of Rav: “Flow of semen,” until he ejaculates. Here is written “flow of semen”, and here is written “flow of semen.” Here, you say “flow of semen” until he ejaculates. And here, you say so? Rebbi Yose said, there is a difference, for it is written: “She was hidden and became impure.” From the moment she was hidden, the Torah calls her “impure”. But here, “flow of semen,” until he ejaculates. For what reason is written “flow of semen”? For measures, as it is stated: “She was hidden and became impure”; what is counted as hiding? Time to become impure. What is the time for impurity? Time for intercourse. What is the time for intercourse? Time for ‘touching’.

HALAKHAH: “If she said, I am impure, she breaks her ketubah and leaves,” etc. It is written: “The Cohen shall put the woman before the Eternal”, that is the Nikanor gate. Everywhere it is said “before the Eternal”, that means the Nikanor gate. It is written: “If a man sin against a man.” Rebbi Ḥiyya bar Abba and Rebbi Joshua ben Levi. Rebbi Ḥiyya bar Abba explains the verse about the paramour, Rebbi Joshua ben Levi explains the verse about the woman. Rebbi Ḥiyya bar Abba explains the verse about the paramour: That one feeds and sustains and you come to enjoy yourself. Rebbi Joshua ben Levi explains the verse about the woman: That one feeds and sustains and you turn your eyes to another.

HALAKHAH: “If she said, I am impure, she breaks her ketubah and leaves,” etc. It is written: “The Cohen shall put the woman before the Eternal”, that is the Nikanor gate. Everywhere it is said “before the Eternal”, that means the Nikanor gate. It is written: “If a man sin against a man.” Rebbi Ḥiyya bar Abba and Rebbi Joshua ben Levi. Rebbi Ḥiyya bar Abba explains the verse about the paramour, Rebbi Joshua ben Levi explains the verse about the woman. Rebbi Ḥiyya bar Abba explains the verse about the paramour: That one feeds and sustains and you come to enjoy yourself. Rebbi Joshua ben Levi explains the verse about the woman: That one feeds and sustains and you turn your eyes to another.

HALAKHAH: “If she said, I am impure, she breaks her ketubah and leaves,” etc. It is written: “The Cohen shall put the woman before the Eternal”, that is the Nikanor gate. Everywhere it is said “before the Eternal”, that means the Nikanor gate. It is written: “If a man sin against a man.” Rebbi Ḥiyya bar Abba and Rebbi Joshua ben Levi. Rebbi Ḥiyya bar Abba explains the verse about the paramour, Rebbi Joshua ben Levi explains the verse about the woman. Rebbi Ḥiyya bar Abba explains the verse about the paramour: That one feeds and sustains and you come to enjoy yourself. Rebbi Joshua ben Levi explains the verse about the woman: That one feeds and sustains and you turn your eyes to another.

One verse says: “For swelling of the belly and shrinking of the genitals,” another verse says “her belly will swell and her genitals shrink”, and another verse says “when the Eternal will make your genitals shrink and your belly swell.” Does one verse weigh more than two verses? Rebbi Mana said, here for the act, there conditional. Rebbi Abin said, you may even say in both cases for the act, in both cases as a condition. “For swelling of the belly and shrinking of the genitals” for the adulterer. “Her belly will swell and her genitals shrink”, for the woman. Reason decides, “the genitals were first in sin and after that the belly; the genitals should be punished first and then the belly, while the remainder of the body does not escape.” Rebbi Abba the son of Rebbi Pappeus used this as conclusion of a sermon: Since for [heavenly] punishment, which is meted out sparingly, one limb is smitten and all limbs hurt, in the case of [heavenly] benefices, which are given out in abundance, [may we] not [expect] so much more!

Rebbi Ḥiyya bar Abba said, one seah of Arbel grain did yield one seah of fine flour, one seah of white flour, one seah of dark flour, one seah of bran, one seah of coarse bran. But today, we do not even get one for one.

There , we have stated: “Aqabiah ben Mehallalel says, consider three things and you will not commit any transgression.” Rebbi Abba ben Rav Pappaeus and Rebbi Joshua from Sikhnin in the name of Rebbi Joshua ben Levi: All three Aqabiah derived from the same verse: “Remember your Creator,” your fountain, your cavern, your Creator. Your fountain, from where you came. Your cave, to where you are going. Your Creator, before Whom you will have to be accountable in the future.

Rebbi Abba bar Mamal said, who stated “the one waiting for her levir”? Rebbi Aqiba! For Rebbi Aqiba said, there exists a bastard from a sister-in-law. Rebbi Ilai said to him, why should a bastard be relevant for jealousy? The Torah said: “He shall declare his jealousy to his wife”, even a partial wife. Rebbi Shammai said, did not Rebbi Yannai say the following: More than 30 Elders voted, from where that qiddushin have no legal effect on a sister-in-law? The verse says, “the wife of the deceased may not belong to any outside unrelated man, her levir shall come to her”, that she cannot have any existence with another man. Rebbi Joḥanan said to him, is that not a Mishnah? “Or after your levir will have performed ḥalîṣah with you, she is not preliminarily married.” And Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” “get wise, my son, and make me happy”, “give to the wise that he shall become wiser,” “let the wise listen that he increase in knowledge.” Rebbi Simeon ben Laqish said, after all these praises I can explain it following Rebbi Aqiba since Rebbi Aqiba said that there exists a bastard from a sister-in-law! Could he not object: Why should a bastard be relevant for jealousy? The Torah said: “He shall declare his jealousy to his wife”, even a partial wife. A woman waiting for her levir who whored, Rebbi Eleazar said she is permitted to her house, Rebbi Joshua ben Levi said she is forbidden to her house. What do the rabbis say? Rebbi Mana said, did not Rebbi Jacob bar Aḥa say in the name of Rebbi Eleazar, if a woman waiting for her levir died, her mother is permitted to [the levir], since we have stated: “This is the rule: He cannot stipulate about any intercourse she could have had and would not be forbidden to him.”

There, it was stated: “The following flour offerings have a handful taken and the remainders are eaten.” Rebbi Abba bar Mamal and Rebbi [Samuel] bar Rav Isaac were sitting together. Rebbi Abba bar Mamal asked from Rebbi Samuel bar Rav Isaac: From where [do we know that] the remainders of the ‘Omer offering are eaten? He said to him: Did not Rebbi Joḥanan say in the name of Rebbi Ismael: “Offering of, offering of.” Since “offering of” mentioned there is from barley, so also “offering of” mentioned here is from barley. Since the remainders of the offering of the suspected wife are eaten, so the remainders of the ‘Omer offering are eaten. Rebbi (Aqiba) said: After they got up, Rebbi Abba bar Mamal was standing with Rebbi Jeremiah. He said to him: Look, how he made your question fly away! From where [do we know that] the remainders of the offering of the suspected wife are eaten? Rebbi Ze‘ira brought Rebbi Isaac Aṭoshiyya, who stated for him: “Any flour offering mixed with oil”. Where do we hold? If about mixed wheat flour, it already had been said. So if it does not refer to mixed wheat flour, apply it to mixed barley flour. Another [baraita] states: “Or dry”. Where do we hold? If about dry wheat flour, it already had been said. So if it does not refer to dry wheat flour, apply it to dry barley flour. Rebbi Yose said, we deal with mixed wheat flour and dry wheat flour, and it was said for a purpose. “[It] shall belong to all sons of Aaron, to each man as to his brother.” A man takes his part even if he is blemished. A minor does not take a part even if he is unblemished. Rebbi Yose ben Rebbi Abun said: Because the Torah added a detail in one case, can you add that in every case? But “remembrance, remembrance”. “You shall bring,” to include the ‘Omer flour offering in presentations. “He shall present it,” to include the suspected wife’s flour offering in presentations. It is written after that: “What is left from the offering is most holy for Aaron and his sons.”

There, it was stated: “The following flour offerings have a handful taken and the remainders are eaten.” Rebbi Abba bar Mamal and Rebbi [Samuel] bar Rav Isaac were sitting together. Rebbi Abba bar Mamal asked from Rebbi Samuel bar Rav Isaac: From where [do we know that] the remainders of the ‘Omer offering are eaten? He said to him: Did not Rebbi Joḥanan say in the name of Rebbi Ismael: “Offering of, offering of.” Since “offering of” mentioned there is from barley, so also “offering of” mentioned here is from barley. Since the remainders of the offering of the suspected wife are eaten, so the remainders of the ‘Omer offering are eaten. Rebbi (Aqiba) said: After they got up, Rebbi Abba bar Mamal was standing with Rebbi Jeremiah. He said to him: Look, how he made your question fly away! From where [do we know that] the remainders of the offering of the suspected wife are eaten? Rebbi Ze‘ira brought Rebbi Isaac Aṭoshiyya, who stated for him: “Any flour offering mixed with oil”. Where do we hold? If about mixed wheat flour, it already had been said. So if it does not refer to mixed wheat flour, apply it to mixed barley flour. Another [baraita] states: “Or dry”. Where do we hold? If about dry wheat flour, it already had been said. So if it does not refer to dry wheat flour, apply it to dry barley flour. Rebbi Yose said, we deal with mixed wheat flour and dry wheat flour, and it was said for a purpose. “[It] shall belong to all sons of Aaron, to each man as to his brother.” A man takes his part even if he is blemished. A minor does not take a part even if he is unblemished. Rebbi Yose ben Rebbi Abun said: Because the Torah added a detail in one case, can you add that in every case? But “remembrance, remembrance”. “You shall bring,” to include the ‘Omer flour offering in presentations. “He shall present it,” to include the suspected wife’s flour offering in presentations. It is written after that: “What is left from the offering is most holy for Aaron and his sons.”

There, it was stated: “The following flour offerings have a handful taken and the remainders are eaten.” Rebbi Abba bar Mamal and Rebbi [Samuel] bar Rav Isaac were sitting together. Rebbi Abba bar Mamal asked from Rebbi Samuel bar Rav Isaac: From where [do we know that] the remainders of the ‘Omer offering are eaten? He said to him: Did not Rebbi Joḥanan say in the name of Rebbi Ismael: “Offering of, offering of.” Since “offering of” mentioned there is from barley, so also “offering of” mentioned here is from barley. Since the remainders of the offering of the suspected wife are eaten, so the remainders of the ‘Omer offering are eaten. Rebbi (Aqiba) said: After they got up, Rebbi Abba bar Mamal was standing with Rebbi Jeremiah. He said to him: Look, how he made your question fly away! From where [do we know that] the remainders of the offering of the suspected wife are eaten? Rebbi Ze‘ira brought Rebbi Isaac Aṭoshiyya, who stated for him: “Any flour offering mixed with oil”. Where do we hold? If about mixed wheat flour, it already had been said. So if it does not refer to mixed wheat flour, apply it to mixed barley flour. Another [baraita] states: “Or dry”. Where do we hold? If about dry wheat flour, it already had been said. So if it does not refer to dry wheat flour, apply it to dry barley flour. Rebbi Yose said, we deal with mixed wheat flour and dry wheat flour, and it was said for a purpose. “[It] shall belong to all sons of Aaron, to each man as to his brother.” A man takes his part even if he is blemished. A minor does not take a part even if he is unblemished. Rebbi Yose ben Rebbi Abun said: Because the Torah added a detail in one case, can you add that in every case? But “remembrance, remembrance”. “You shall bring,” to include the ‘Omer flour offering in presentations. “He shall present it,” to include the suspected wife’s flour offering in presentations. It is written after that: “What is left from the offering is most holy for Aaron and his sons.”

A lady asked Rebbi Eliezer, why did one sin of the golden calf lead to three different kinds of death? He said to her, the wisdom of a woman is only in her spinning rod, as is written: “All wise women span with their hands.” His son Hyrkanos said to him, in order not to give her an answer you made me lose 300 kor of tithes every year. He answered him: May the words of the Torah be burned and not be delivered to women! After she had left, his students said to him, rabbi, this one you pushed away with a stick, what do you explain to us? Rebbi Berekhiah, Rebbi Abba bar Cahana in the name of Rebbi Eliezer: Anybody against whom there were witnesses and warning was executed in court. Anybody against whom there were witnesses but no warning was checked similar to a suspected wife. Anybody against whom there were neither witnesses nor warning died from a plague. Rav and Levi bar Sissi both say: One who sacrificed, burned, and poured out a libation was executed in court. He who clapped his hands, danced, laughed, was checked similar to a suspected wife. If he enjoyed himself silently, he died from a plague.

We have stated there: “Rebbi Simeon says, a fistful is taken from the sinner’s flour offering of a Cohen. The fistful is sacrificed separately and the rest is sacrificed separately.” Both of them explained the same verse: “It shall be the Cohen’s as a flour offering.” The rabbis say, it is like his voluntary flour offering. Since his voluntary flour offering is brought entire, that one also is brought entire. Rebbi Simeon says, the tenth of an epha of a Cohen is like the tenth of an epha of an Israel. Since a fistful is taken from the tenth of an epha of an Israel, so a fistful is taken from the tenth of an epha of a Cohen. Maybe, since this one is eaten, the other is also eaten? The verse says, “Any flour offering of a Cohen shall be totally burned; it shall not be eaten.” The rest, under which category is it brought, under the rules of a fistful or under the rules of remainders? If you want to say, under the rules of a fistful, one cannot bring them during the night, one cannot bring them after death, and he is forbidden to think about them. If you want to say, under the rules of a remainder, one can bring them during the night, one can bring them after death. Is he forbidden to think about them? Let us hear from the following: Rebbi Eleazar ben Rebbi Simeon says, the fistful is sacrificed separately and the rest dispersed over the ashes. Rebbi Joḥanan asked, where are we holding? If the upper ashes, Rebbi Simeon already said it. If it cannot refer to the upper ashes, let it refer to the lower ashes. That means, one can bring them during the night, one can bring them after death, and he can think about them. Rebbi Yose ben Rebbi Abun said, he is forbidden to think about them since they are not qualified as food either for humans or for the altar. Rebbi Abba bar Mamal asked: Does Rebbi Eleazar ben Rebbi Simeon follow the rules of his father or the rules of the rabbis? According to the rules of his father, it should be brought on top [of the altar]. According to the rules of the rabbis, why should he take a fistful? He follows his father’s rules. Rebbi Simeon says, the tenth of an epha of a Cohen is like the tenth of an epha of an Israel. Since a fistful is taken from the tenth of an epha of an Israel, so a fistful is taken from the tenth of an epha of a Cohen. Maybe, since this one is eaten, the other is also eaten? The verse says, “Any flour offering of a Cohen shall be totally burned; it shall not be eaten.” Then it should be burned totally! You bound it to “it shall not be eaten”; you did not bind it to “it has to be sacrificed in its entirety.”

Rebbi Yose said, Rebbi accepted the opinion of Rebbi Eleazar ben Rebbi Simeon and taught accordingly. Rebbi Abba bar Cohen asked before Rebbi Yose: Why Rebbi Eleazar ben Rebbi Simeon? Even following his father, Rebbi Simeon! He said to him, “eating” is on the altar, “burning” is not on the altar. Rebbi Ḥanina objected before Rebbi Mana: Did not Rebbi Ḥiyya disagree: “It cannot be burned completely because of the wife’s part; it cannot be eaten because of the husband’s part.” He said to him, Rebbi accepted the opinion of Rebbi Eleazar ben Rebbi Simeon, the elder Rebbi Ḥiyya accepted the opinion of the latter’s father Rebbi Simeon.

Did we not state: “Just as the water checks her out so it checks him out”? Just as she is forbidden to her husband, so she is forbidden to her paramour. Just as she is forbidden to her husband’s brother, so she is forbidden to her paramour’s brother. Just as the water checks her out for every single intercourse for which she receives her husband after [intercourse with] her paramour, so it checks him out. Since she in general becomes forbidden, whether by him or by another [man], she is checked out. But when he makes [her] drink, he is checked out. If it checked him out but not her, I would say that merit suspends for her. That is according to him who says that merit suspends and it is not recognizable. But following him who says that merit suspends and it is recognizable? Look, she was not recognized! But I could say that she drank uncovered water and it swelled. They should not have her checked out in this way but correctly! But I could say that he was in secret with other women. Did we not think to say, when he makes [her] drink, he is checked out? Explain it that he had criminal intent but she acted in error; then the water checked him out but not her. [ If the water checked her out but not him,] I would say that merit suspends for (her) [him]. That is according to him who says that merit suspends and it is not recognizable. But following him who says that merit suspends and it is recognizable? Look, she was not recognized! But I could say that she drank uncovered water and her belly swelled. They should not have her checked out in this way but correctly! But I could say that she was in secret with other men. Then if he divorced her, she would be permitted to him. Explain it that he acted in error but she had criminal intent; then the water checked her out but not him. If he had criminal intent but she acted in error, then it is obvious that she is permitted to her house. If he divorced her, would she be permitted to him? Is it possible to say that he had criminal intent and you say so? If he acted in error but she had criminal intent, it is obvious that she is forbidden to her house. If he divorced her, would she be permitted to him? Is it possible to say that she left because of him and you say so? From where do we know that all depends on her? Simeon bar Abba in the name of Rebbi Joḥanan: Is is written: “Do not ejaculate semen into your neighbor’s wife to be impure through her.” It depends on her; if she had criminal intent, she is forbidden, acted in error she is permitted.

A Mishnah supports Rav: “Profane food which is impure primarily is impure and defiles, secondarily it invalidates but does not defile, but the tertiary can be eaten in heave broth.” This implies that it is forbidden to turn it into heave. And it is said after that: “Heave which is impure primarily or secondarily is impure and defiles, tertiarily impure it invalidates but does not defile, but the fourth degree can be eaten in sacrificial broth.” If you say that it is forbidden to turn it into sacrificial food, you would find that Rav’s statements are contradictory since Rebbi Abba said in the name of Rav: The tertiary comes because of the reptile but the fourth degree can be turned into sacrificial food, because they spoke about fourth degree [of impurity] for sacrifices only for dedicated sacrifices of the Temple! Rebbi Ḥuna said, are we not talking about heave? But it is forbidden to turn heave into sacrificial food in order to avoid accidents! And it was said after that: “Sacrifices which are impure primarily, secondarily, or tertiarily are impure and defile, impurity in the fourth degree invalidates but does not defile, but the fifth degree can be eaten in sacrificial broth.” If you say, it is forbidden to turn it into sacrificial food, is there any impurity of the fifth degree in sacrifices? But you say there is not. So here also, there is not.

There, they say, because Rebbi Joshua praised Rebbi Aqiba, it implies that practice follows his argument. The rabbis of Caesarea say, he praised him for his ingenuity, but in fact practice does not follow his argument, since Rebbi Aḥa, Rebbi Maisha, in the name of Rebbi Eleazar said, one whips for tertiary [impurity] for tithes, even according to Rebbi Aqiba. Rebbi Yudan in the name of Rebbi Hilai: Even according to Rebbi Aqiba one does not whip. Why? The ṭevul yom makes invalid, secondary impurity makes invalid. Since the ṭevul yom has no touch for profane food, also secondary impurity has no touch for profane food. Rebbi Eleazar said, as the count for profane food so is the count of tithes. This corresponds to what Rebbi Jonah, Rebbi Immi, said in the name of Rebbi Simeon ben Laqish: We deal with somebody who ate profane food, and that Chapter deals with tithe. Rebbi Yose said, even its primary [impurity] is not clear. Not “I will not eat” is written, but “I did not eat.” Rebbi Abba Mari said, since it is written “following all Your commandments which You commanded me,” is it as if it were not clear?

Rebbi Aḥa in the name of Rebbi Abba bar Cahana: They were expert in pushings but not expert in slight impurities. “Assume a man carries holy meat,” he asked them whether someone impure by the impurity of the dead imparts impurity by pushing. “The Cohanim answered, and said: No;” they answered him correctly. He asked them whether someone impure by the impurity of the dead imparts slight impurity. “The Cohanim answered and said: It will be impure.” They did not answer correctly, for the impurity of the dead does not impart slight impurity.

Rebbi Abba in the name of Rav Jehudah, Rebbi Ze‘ira in the name of Rav Uqba: One strip-measures only with a rope of 50 cubits. Rebbi Ze‘ira in the name of Rav Ḥisda: One strip-measures neither for the levitic cities nor from the distance for breaking the neck in the wadi. This is acceptable for him who says, 1000 cubits of open space and 2000 cubits of Sabbath domain. But for him who says, 1000 cubits of open space and 2000 cubits of fields and vineyards, did they not learn the Sabbath domain from the levitic cities? For the main thing one does not strip-measure; does one strip-measure for the derivative?

HALAKHAH: “Rebbi Joshua said, who would remove the dust from your eyes, Rabban Joḥanan ben Zakkai,” etc. When was Job? Rebbi Simeon ben Laqish in the name of Bar Qappara: He was in the days of our father Abraham; that is what is written: “ A man was in the land of Oz, his name was Job.” And it is written, “ Oz his firstborn.” Rebbi Abba said, in the days of our father Jacob and Dinah was his wife; that is what is written: “ You speak like one of the impious ones”, and it is written: “ For an impiety he did in Israel.” Rebbi Levi said, he was in the days of the tribes; that is what is written: “ What Sages would tell, they did not conceal from their fathers.” Rebbi Yose ben Ḥalaphta said, he was born when they descended into Egypt and he died when they left. A parable of a shepherd when a wolf came and attacked his flock. What did he do? He put up a ram against him. That is what is written: “ He delivered me to the evil one, he threw me amongst evildoers.” Rebbi Ismael stated: Job was one of Pharao’s servants, a great one in his government’. That is what is written: “ One who feared the word of the Eternal etc.”, and it is written about him, “ a man, artless and straight, fearing God and fleeing from evil”. Rebbi Yose bar Jehudah says, he was in the days when the Judges judged; that is what is written: “Behold, you all did see, why do you turn all into vapor.” You saw what my generation did, that they collect tithes on the threshing floors; “you loved whore’s wages on all grain threshing floors.” Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: He was in the days of the queen of Seba, as it is said: “Seba attacked and took them.” Rebbi Nathan said, he was in the days of the Chaldeans, as it is said: “The Chaldeans attacked from three sides.” Rebbi Joshua ben Qorḥa said, he was in the days of Asuerus, as it is said: “One shall look for beautiful virgins for the king.” And it is written, “no women were found like Job’s daughters.” Rebbi Joshua ben Levi said, he was of the returnees of the diaspora. Rebbi Joḥanan said, He was of the returnees from the diaspora and was a Jew. Therefore Rebbi Joḥanan learned from him the rules of mourning. “Job got up and tore his coat”; Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan: From here [one learns] that a mourner has to tear [his garment] while standing. Rebbi Ḥiyya stated: In My world I had one just Gentile, I gave him his reward and removed him from My world. Rebbi Simeon ben Laqish said, Job did not exist and will never live. The opinion of Rebbi Simeon ben Laqish is inconsistent: There, Rebbi Simeon ben Laqish said in the name of Bar Qappara: He was in the days of our father Abraham, but here he says so? But he did exist but his suffering did not. Then why is it written about him? To tell you that if it had come upon him, he would have withstood it.

HALAKHAH: “If somebody declared his jealousy and she went to a secluded place,” etc. Rebbi Joḥanan in the name of Rebbi Yannai: This entire chapter [deals with the case that] he warned her and said to her, do not be at a secluded place with man X, after he declared his jealousy and she went to a secluded place. Rebbi Simeon ben Laqish said, even if she did not go to a secluded place. Rebbi Ze‘ira said before Rebbi Yasa: Not that Rebbi Simeon ben Laqish disagrees, only he is lenient about witnesses to the hiding. We have stated a disagreement. Some state it anonymously. Rebbi Ze‘ira said before Rebbi Mana: Rebbi Joshua does not disagree with what Rebbi Eliezer said, only that we have stated: “Rebbi Joshua says, only if she is the subject of talk of women carding by moonlight.” Rebbi Abba Mari asked: There, Rebbi Ḥizqiah, Rebbi Abbahu said in the name of Rebbi Eleazar, everywhere where Rebbi taught a disagreement and returned to the problem later and taught it anonymously, practice follows the anonymous opinion. And here he says so?

Simeon bar Abba in the name of Rabbi Joḥanan: Here, she did not drink but in the case of breaking the calf’s neck they did break it. Rav said, she did drink. The Mishnah disagrees with Rav: “If one [witness] says, she became impure, but two [witnesses] say, she did not become impure, she would drink.” That implies that if one witness was against another single witness, she would not drink. He explains it for those whose testimony is invalid. But if for those whose testimony is invalid, does not the end say: “If two [witnesses] say, she became impure, but one witness says, she did not become impure, she would not drink.” That implies that if one witness was against another single witness, she would drink. How could Rav say, she would drink? Rebbi Joḥanan said, she would not drink. A Mishnah disagrees with Rebbi Joḥanan. “If two [witnesses] say, she became impure, but one witness says, she did not become impure, she would not drink.” That implies that if one witness was against another single witness, she would drink. He explains it for those whose testimony is invalid. But if for those whose testimony is invalid, does not the first statement say: “If one [witness] says, she became impure, but two [witnesses] say, she did not become impure, she would drink.” That implies that if one witness was against another single witness, she would drink. How could Rebbi Joḥanan say, she would not drink? They said in the name of Rebbi Samuel, the Mishnah talks about those whose testimony is invalid. They said in the name of Rebbi Samuel: The Mishnah speaks about another rendez-vous. Rebbi Ze‘ira asked before Rebbi Mana: What does it mean, “the Mishnah speaks about another rendez-vous”? He said to him, so says Rebbi Joḥanan in the name of Rebbi Yannai: This entire chapter [deals with the case that] he had declared his jealousy and she went to a secluded place. She went to a secluded place by the testimony of two [witnesses]. If one of them said, I saw her that she became impure while in the secluded place, there [is testimony] about the seclusion and about impurity. After the time of seclusion, there [is testimony] about the seclusion but not about impurity. If there were three [witnesses]. One said, I saw her that she became impure while in the secluded place, there [is testimony] about the seclusion but not about impurity. If there were three [witnesses]. One said, I saw that she did not become impure while in the secluded place, how do you treat this? As a testimony which, if part of the testimony is thrown out, the entire testimony is thrown out, or does one accept the remainder of the testimony? They said in the name of Rebbi Abba Mari: Even he who says, if part of it is thrown out, all is thrown out, here one accepts the remainder of the testimony, since the matter has feet to stand on.

Simeon bar Abba in the name of Rabbi Joḥanan: Here, she did not drink but in the case of breaking the calf’s neck they did break it. Rav said, she did drink. The Mishnah disagrees with Rav: “If one [witness] says, she became impure, but two [witnesses] say, she did not become impure, she would drink.” That implies that if one witness was against another single witness, she would not drink. He explains it for those whose testimony is invalid. But if for those whose testimony is invalid, does not the end say: “If two [witnesses] say, she became impure, but one witness says, she did not become impure, she would not drink.” That implies that if one witness was against another single witness, she would drink. How could Rav say, she would drink? Rebbi Joḥanan said, she would not drink. A Mishnah disagrees with Rebbi Joḥanan. “If two [witnesses] say, she became impure, but one witness says, she did not become impure, she would not drink.” That implies that if one witness was against another single witness, she would drink. He explains it for those whose testimony is invalid. But if for those whose testimony is invalid, does not the first statement say: “If one [witness] says, she became impure, but two [witnesses] say, she did not become impure, she would drink.” That implies that if one witness was against another single witness, she would drink. How could Rebbi Joḥanan say, she would not drink? They said in the name of Rebbi Samuel, the Mishnah talks about those whose testimony is invalid. They said in the name of Rebbi Samuel: The Mishnah speaks about another rendez-vous. Rebbi Ze‘ira asked before Rebbi Mana: What does it mean, “the Mishnah speaks about another rendez-vous”? He said to him, so says Rebbi Joḥanan in the name of Rebbi Yannai: This entire chapter [deals with the case that] he had declared his jealousy and she went to a secluded place. She went to a secluded place by the testimony of two [witnesses]. If one of them said, I saw her that she became impure while in the secluded place, there [is testimony] about the seclusion and about impurity. After the time of seclusion, there [is testimony] about the seclusion but not about impurity. If there were three [witnesses]. One said, I saw her that she became impure while in the secluded place, there [is testimony] about the seclusion but not about impurity. If there were three [witnesses]. One said, I saw that she did not become impure while in the secluded place, how do you treat this? As a testimony which, if part of the testimony is thrown out, the entire testimony is thrown out, or does one accept the remainder of the testimony? They said in the name of Rebbi Abba Mari: Even he who says, if part of it is thrown out, all is thrown out, here one accepts the remainder of the testimony, since the matter has feet to stand on.

Rebbi Joḥanan in the name of Rebbi Eleazar ben Rebbi Simeon: We do not find that the Omnipresent talked to a woman, except only to Sarah. But is there not written: “To the woman He said: I shall increase,” etc.? Rebbi Jacob of Kefar Ḥanin said, through an interpreter. But is there not written: “The Eternal said to her, two peoples are in your womb”? Rebbi Abba bar Cahana said, the Word fell to her. Rebbi Biri said, how many weaver’s shuttles! The Holy One, praise to Him, desires to hear the talk of the just women: “He said no, but you laughed.”

Rebbi Aḥa in the name of Rebbi Tanḥum ben Rebbi Ḥiyya. If somebody studied and taught, kept and did, and it was in his power to strengthen, but he did not strengthen, that one is in the set of the cursed. Rebbi Jeremiah in the name of Rebbi Ḥiyya bar Abba: If somebody did not study, did not teach, did not keep and did not do, and it was not in his hand to strengthen but he did strengthen, that one is in the set of the blessed. And Rebbi Ḥana, Rebbi Jeremiah, said in the name of Rebbi Ḥiyya bar Abba: In the future [world], the Holy One, praise to Him, will make shadow of those who perform commandments in the shadow of those who study Torah. What is the reason? “For in the shadow of Torah, in the shadow of money”. And it is said, “it is a tree of life for those who support it.”