abba

A guardian appointed by the orphans’ father shall be made to swear, for usually he is not checked out. If he was appointed by the court he shall not be made to swear for usually he was checked out. Abba Shaul says, it is the other way around; a guardian appointed by the orphans’ father shall be made to swear, for he is like one who is paid; if he was appointed by the court he shall not be made to swear for for he can say to him, I am doing this as a favor to you. It turns out that Rebbi Joḥanan follows the rabbis and Rebbi Yose ben Ḥanina Abba Shaul. Does Rebbi Joḥanan follow the rabbis? Even if he holds with Abba Shaul, a person acts as a trustee in order to be declared trustworthy. Does Rebbi Yose ben Ḥanina [follow] Abba Shaul? Even if he holds with the rabbis, a person is apt to slip away from an oath but not from payments.

A guardian appointed by the orphans’ father shall be made to swear, for usually he is not checked out. If he was appointed by the court he shall not be made to swear for usually he was checked out. Abba Shaul says, it is the other way around; a guardian appointed by the orphans’ father shall be made to swear, for he is like one who is paid; if he was appointed by the court he shall not be made to swear for for he can say to him, I am doing this as a favor to you. It turns out that Rebbi Joḥanan follows the rabbis and Rebbi Yose ben Ḥanina Abba Shaul. Does Rebbi Joḥanan follow the rabbis? Even if he holds with Abba Shaul, a person acts as a trustee in order to be declared trustworthy. Does Rebbi Yose ben Ḥanina [follow] Abba Shaul? Even if he holds with the rabbis, a person is apt to slip away from an oath but not from payments.

A guardian appointed by the orphans’ father shall be made to swear, for usually he is not checked out. If he was appointed by the court he shall not be made to swear for usually he was checked out. Abba Shaul says, it is the other way around; a guardian appointed by the orphans’ father shall be made to swear, for he is like one who is paid; if he was appointed by the court he shall not be made to swear for for he can say to him, I am doing this as a favor to you. It turns out that Rebbi Joḥanan follows the rabbis and Rebbi Yose ben Ḥanina Abba Shaul. Does Rebbi Joḥanan follow the rabbis? Even if he holds with Abba Shaul, a person acts as a trustee in order to be declared trustworthy. Does Rebbi Yose ben Ḥanina [follow] Abba Shaul? Even if he holds with the rabbis, a person is apt to slip away from an oath but not from payments.

Rav Huna in the name of Rav: If he mixed. If he made a libation and then mixed it, at the start he committed a capital crime and at the end he has to pay? Rebbi Abba objected: Think of it, if he killed somebody and broke the flask, at the start he committed a capital crime and in the end he has to pay? Rebbi Yose objected: Think of it, if he set fire to somebody’s grain stack on the Day of Atonement, at the start he committed a capital crime and in the end he has to pay? “If someone causes anything to become impure, or turn into dema‘, or libation wine, if it was unintentional he is free, intentional he is obligated,” and Rebbi Joḥanan said, he pays a fine.

Rebbi Aḥa and Rebbi Tanḥum bar Ḥiyya in the name of Rebbi Simai: In a city of only Cohanim, all of them lift their hands. For whom do they recite the blessing? For their brothers to the North and South. Who answers after them? Women and children. Abbaie bar Benjamin stated: People who stand behind the Cohanim are not included in the blessing. For those in front of them, Rebbi Ḥiyya bar Abba said that even an iron wall does not interrupt. Those who stand to their side? Let us hear from the following: “If he intended to sprinkle before himself but sprinkled behind himself, behind himself but sprinkled before himself; his sprinkling is invalid. Before himself but sprinkled sideways, his sprinkling is valid.” This implies that those who stand to their side are included in the blessing. Rav Ḥisda said, it is necessary that the organizer be an Israel. Rav Ḥisda said, if there was one Cohen, he says “Cohen.” For two, he says “Cohanim.” But Rav Huna said, even for one he says “Cohanim” since he only calls the tribe, lest you say, probably person X is an adulterer or a murderer, and he shall bless us? The Holy, praise to Him, said: Who blesses you? Am not I blessing you? As it was said: “They shall put My name over the Children of Israel and I shall bless them.”

A weaver asked Rebbi Immi, what about a Gentile wedding feast? He wanted to permit it to them from this: “Because of peaceful coexistence.” Rebbi Abba told them, did not Rebbi Ḥiyya state that the holiday of a Gentile wedding feast is forbidden? Rebbi Immi said, if it had not been for Rebbi Abba, we would have come to permit their strange worship; praised be He Who separated us from them.

A weaver asked Rebbi Immi, what about a Gentile wedding feast? He wanted to permit it to them from this: “Because of peaceful coexistence.” Rebbi Abba told them, did not Rebbi Ḥiyya state that the holiday of a Gentile wedding feast is forbidden? Rebbi Immi said, if it had not been for Rebbi Abba, we would have come to permit their strange worship; praised be He Who separated us from them.

Rebbi Ḥaggai said before Rebbi Yose: Is not this disagreement the same as that disagreement, as we have stated there: “If a man was talking with a woman about her bill of divorce or her preliminary marriage and gave her the bill of divorce or [some valuable for] preliminary marriage and did not spell it out, Rebbi Yose says it is sufficient; Rebbi Jehudah says he has to be explicit.” Then Rebbi follows Rebbi Yose and Rebbi Nathan Rebbi Jehudah. He said to him, what do you have in your hand, did not Rebbi Zeïra, Ḥiyya bar Abin, Abba bar Taḥlifa, say in the name of Rebbi Hoshaia, when do they differ? [If they thought about] other things but if he still was on the same subject, it is a bill of divorce. But here, even if they are still on the same subject there is disagreement.

As the following: Ganiba was lead out to be executed. He said, One should give money to Rebbi Abuna from the wine of Kefar Panaya. They did not give him; they were considering what Rav said, “an heir is like the buyer of encumbered property.” Just as a loan before witnesses cannot be collected from encumbered property, so it cannot be collected from heirs. If they did not give it as payment of a debt, they should have given as a gift! They were considering what Rebbi Eleazar said, for Rebbi Eleazar asked: Does his gift follow the rules of the gift of a sick person? Rebbi Ze‘ira brought Rebbi Isaac from Atosha who stated for him: A gift is like a bill of divorce. Rebbi Abba said to him, perhaps like bills of divorce which one cannot deliver if not delivered during his lifetime, so a gift is not called a gift if not delivered during his lifetime? He said to him, here comes the rabbi with sophistication to let Rebbi Abuna lose money! You cannot, for we have stated there: “Give a mina to X; then he died. One shall give after death.” Following Rebbi Simeon. For Rebbi Joḥanan disagrees, they should give him, as Rebbi Abbahu said in the name of Rebbi Joḥanan: A loan before witnesses can be collected from the heirs on condition that they inherited real estate. Rebbi Yose said, that is, if somebody was with him until the moment of his death. But if he goes in and out, I am saying that already he gave him. The word of Rebbi Ḥanina implies that it was not given since Rebbi Ḥanina reported this fact: Levi Parisa was going from place to place when Ganiba’s relatives came to eat with him. He said, the money should be given to Rebbi Abuna; they started quarelling with him.

Rebbi Jacob bar Aḥa said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan said, even while he is suffering an attack of seizures, one writes the bill of divorce and delivers it to his wife. Rebbi Simeon ben Laqish said, when he regains his sanity. The argument of Rebbi Simeon ben Laqish seems to be inverted, since they disagreed: If he became deaf-mute, or insane, or became an apostate, or the Court ruled that fat may be eaten, Rebbi Joḥanan said, his sacrifice of purification is pushed aside, Rebbi Simeon ben Laqish said, his sacrifice of purification is not pushed aside. Rebbi Yose ben Rebbi Abun said, Rebbi (Joḥanan) [Aḥa] switches traditions, to avoid that a word of Rebbi Joḥanan contradict his own word. For Rebbi Samuel bar Abba said in the name of Rebbi Joḥanan: One sprinkles the blood of a purification sacrifice or a reparation sacrifice for a person terminally ill. The rabbis of Caesarea said, Rebbi Ḥiyya and Rebbi Yasa, one follows the one, the other follows the other.

Rebbi Jacob bar Aḥa, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: One disagrees with this Tanna. They say, does not a Mishnah disagree: “If he became deaf-mute or insane, he may never divorce.” Why can he not write and have others execute his written instructions? They upheld it, if he was illiterate. Rebbi Abba bar Mamal objected, does not a baraita disagree: “If he wrote himself, or told the scribe to write and the witnesses to sign, even though the scribe wrote, the witnesses signed, they gave him [the bill] and he in turn gave it to her, it is no divorce.” Rebbi Assi said, complete the sentence and there is no disgreement: “it is no divorce unless they hear his voice.” But even if he gave a sign with his head you say it is invalid, (here also it is invalid). Rebbi Mana said, it is valid: hearing the voice has the same status as seeing him nod his head!

Rebbi Yudan said, there, if he said I did such and such, here, if he says do such and such. Rebbi Benjamin ben Levi inquired: He should have understanding for the future if he has understanding for the past; (if he has no understanding for the past,) he would not have understanding for the future! Rebbi Abba Mari said, here we deal with a mute; there is no agency for a mute. Rebbi Yose ben Rebbi Abun said, we deal with a sane person. Why is there no divorce? Because I say, he was occupied with his documents. We also stated thus: “When was this said? When he was paralyzed while being healthy. But if he was paralyzed by a prior sickness, once is enough.”

“ ‘From today if I should die, from now if I should die,’ that is a bill of divorce. ‘From today after my death’ is no bill of divorce.” Rebbi Yudan said, the rabbis and our teachers [discussed.] Our teachers objected to the rabbis: Why do you say, it is a bill of divorce? Because he said, “if”! But in the last statement, he said “if” and you say, it is no bill of divorce! But it must be because he said, “from today”. We also hold that “from today” is the main point. Rebbi objected to the rabbis. Why do you say, it is not a bill of divorce? Because he said, “from today”! But in the earlier statement, he said “from today” and you say, it is a bill of divorce! But it must be because he said, “if”. I also am holding that “if” is the main point. There, they switch attributions. Both Rebbi Yasa in the name of Rebbi Joḥanan and Rav say that the words of Rebbi [interpreted] there are the words of the rabbis [interpreted] here: Since he said “from today” it is as if he had said “on condition.” Rebbi Ze‘ira asked before Rebbi Yasa, “on condition that I die” or “on condition that it be after my death”? He said to him, “on condition that I die.” Rebbi Abba in the name of Rav: The words of Rebbi [interpreted] here are the words of the rabbis [interpreted] there: Since he said “from today” it is as if he had said “after death.”

HALAKHAH: “This is your bill of divorce on condition that you serve my father,” etc. Rebbi Abba said: During his lifetime, on condition that she serve all his needs, on condition that she breast-feed all his needs. Even if she did not serve all his needs, even if she did not breast-feed all his needs, but even if she served him for one hour, or breast-fed him for one hour. After death, even if she never served him or never breast-fed him. The Mishnah disagrees with Rebbi Simeon ben Laqish: “How long does she have to breast-feed him? Two years, Rebbi Jehudah says, eighteen months.” Rebbi Abin said, this was taught about the cost of a wet-nurse.

A person gave money for a ship when the canal dried up. The case came before Rav Naḥman bar Jacob: There is the ship, bring the canal! Abba bar Huna in the name of Rebbi Abba was praying that the canal should dry up and he could recover his money. He said, Rebbi Joḥanan and Rebbi Abba are of the same opinion as Rabban Simeon ben Gamliel. If she cut off, she hindered. If her hand (?) was cut off, it is not as if she hindered.

A person gave money for a ship when the canal dried up. The case came before Rav Naḥman bar Jacob: There is the ship, bring the canal! Abba bar Huna in the name of Rebbi Abba was praying that the canal should dry up and he could recover his money. He said, Rebbi Joḥanan and Rebbi Abba are of the same opinion as Rabban Simeon ben Gamliel. If she cut off, she hindered. If her hand (?) was cut off, it is not as if she hindered.

A person gave money for a ship when the canal dried up. The case came before Rav Naḥman bar Jacob: There is the ship, bring the canal! Abba bar Huna in the name of Rebbi Abba was praying that the canal should dry up and he could recover his money. He said, Rebbi Joḥanan and Rebbi Abba are of the same opinion as Rabban Simeon ben Gamliel. If she cut off, she hindered. If her hand (?) was cut off, it is not as if she hindered.

How close is “near”? Rav said, four cubits. Rebbi Ilai the heir said, four cubits. Rebbi Eleazar in the name of Rebbi Joḥanan in the name of Rebbi Yannai: Stretching out hands, and we have stated: “stretching out hands.” Rebbi Abba, Rebbi Jeremiah, in the name of Rav: Stretching out hands. The argument of Rav is inverted; there, he says four cubits and here he says so? There in theory, here in practice. “Rebbi Eleazar stated: Even if it was closer to her than to him but a dog came and took it away, she is not divorced.” Samuel agrees with Rebbi Eleazar and disagrees. The clearest way is that he puts it into her hand. If there was room for stretching out hands between him and her, Simeon bar Abba in the name of Rebbi Joḥanan [states]: If it was closer to her than to him she is divorced, closer to him than to her she is not divorced, half and half she is divorced and not divorced. Abba bar Rav Jeremiah said: In all cases in which we have stated “divorced and not divorced”, support is on him.

How close is “near”? Rav said, four cubits. Rebbi Ilai the heir said, four cubits. Rebbi Eleazar in the name of Rebbi Joḥanan in the name of Rebbi Yannai: Stretching out hands, and we have stated: “stretching out hands.” Rebbi Abba, Rebbi Jeremiah, in the name of Rav: Stretching out hands. The argument of Rav is inverted; there, he says four cubits and here he says so? There in theory, here in practice. “Rebbi Eleazar stated: Even if it was closer to her than to him but a dog came and took it away, she is not divorced.” Samuel agrees with Rebbi Eleazar and disagrees. The clearest way is that he puts it into her hand. If there was room for stretching out hands between him and her, Simeon bar Abba in the name of Rebbi Joḥanan [states]: If it was closer to her than to him she is divorced, closer to him than to her she is not divorced, half and half she is divorced and not divorced. Abba bar Rav Jeremiah said: In all cases in which we have stated “divorced and not divorced”, support is on him.

How close is “near”? Rav said, four cubits. Rebbi Ilai the heir said, four cubits. Rebbi Eleazar in the name of Rebbi Joḥanan in the name of Rebbi Yannai: Stretching out hands, and we have stated: “stretching out hands.” Rebbi Abba, Rebbi Jeremiah, in the name of Rav: Stretching out hands. The argument of Rav is inverted; there, he says four cubits and here he says so? There in theory, here in practice. “Rebbi Eleazar stated: Even if it was closer to her than to him but a dog came and took it away, she is not divorced.” Samuel agrees with Rebbi Eleazar and disagrees. The clearest way is that he puts it into her hand. If there was room for stretching out hands between him and her, Simeon bar Abba in the name of Rebbi Joḥanan [states]: If it was closer to her than to him she is divorced, closer to him than to her she is not divorced, half and half she is divorced and not divorced. Abba bar Rav Jeremiah said: In all cases in which we have stated “divorced and not divorced”, support is on him.

HALAKHAH: “The same applies for preliminary marriages”, etc. Rebbi Simeon ben Laqish in the name of Abba Cohen Bar Dalaia: A person acquires a find within four cubits of himself. What is the reason? (1Chr. 22:14) “Look, in my poverty I prepared for the House of the Eternal 100’000 kikkar of gold, 1’000’000 kikkar of silver, bronze and iron unweighed because it was so much; I prepared wood and stones, and you should add to them.”

Rebbi Eleazar said, the Mishnah speaks of a roof with a parapet when it descended lower than the parapet, or one without a parapet when it descended lower than within three handbreadths of the roof, since anything within three handbreadths of the roof is as if it were part of the roof. Rebbi Jacob bar Aḥa, Rebbi Abba bar Hamnuna in the name of Rav Ada bar Aḥawa: This refers to the rules of the Sabbath, where anything within three handbreadths of a partition is considered part of the partition. Rebbi Yasa said, they are not comparable, for bills of divorce are about the top, the rules of the Sabbath about the below. For bills of divorce even if it never came to rest, for the Sabbath only if it rested. Rebbi Immi in the name of Rebbi Joḥanan: Only if it descended to within the partitions. Rebbi Immi asked before Rebbi Joḥanan: Does the Mishnah follow Rebbi, since Rebbi considers partitions as solidly filled up? He said to him, here in the matter of bills of divorce it is everybody’s opinion. Could one not object that Rebbi said, if it is roofed? And you say, it is not roofed? What is the difference between bills of divorce and the Sabbath? Rebbi Abba said, about the Sabbath it is written: “You shall not do any work;” it may make itself automatically. But here “he shall deliver into her hand,” into her domain.

Rebbi Eleazar said, the Mishnah speaks of a roof with a parapet when it descended lower than the parapet, or one without a parapet when it descended lower than within three handbreadths of the roof, since anything within three handbreadths of the roof is as if it were part of the roof. Rebbi Jacob bar Aḥa, Rebbi Abba bar Hamnuna in the name of Rav Ada bar Aḥawa: This refers to the rules of the Sabbath, where anything within three handbreadths of a partition is considered part of the partition. Rebbi Yasa said, they are not comparable, for bills of divorce are about the top, the rules of the Sabbath about the below. For bills of divorce even if it never came to rest, for the Sabbath only if it rested. Rebbi Immi in the name of Rebbi Joḥanan: Only if it descended to within the partitions. Rebbi Immi asked before Rebbi Joḥanan: Does the Mishnah follow Rebbi, since Rebbi considers partitions as solidly filled up? He said to him, here in the matter of bills of divorce it is everybody’s opinion. Could one not object that Rebbi said, if it is roofed? And you say, it is not roofed? What is the difference between bills of divorce and the Sabbath? Rebbi Abba said, about the Sabbath it is written: “You shall not do any work;” it may make itself automatically. But here “he shall deliver into her hand,” into her domain.

HALAKHAH: “Anybody can supplement a bald document,” etc. From where that a document can be knotted? Rebbi Immi said, it is written: “I took the document,” etc. “And [the sealed]”, that is the knotted [document]. “And the open,” that is the simple, part of the knotted. “And the orders and the rules”; orders and rules differ between these, for one is with two {witnesses], the other with three; one in it, the other on its back. Rebbi Abba in the name of Rav Jehudah, on a simple document, the witnesses sign parallel, on a knotted one the witnesses sign lengthwise. Rebbi Idi said, the witnesses sign between any two knots, but it must be on top. But should one not be afraid that maybe he falsifies? Rav Naḥman wanted to argue that witnesses never sign below unless they first read before them: “I X son of Y accept everything written above.” But should one not be afraid that he erased and changed to falsify? Rav Huna is of the opinion that two times “I accept” makes it invalid. But should one not be afraid that he erased and changed to falsify? Does Rav Huna not consider that he might write another text, erase and change to falsify? Rav Huna is of the opinion that an erasure makes invalid even if the correction is certified.

Where do we hold? If he knotted and signed it inside, everybody agrees that it can be made simple. If he knotted and signed it outside, everybody agrees that it cannot be made simple. But we must deal with the case that he knotted it from the inside and then signed it on the outside; in that case Rebbi Ḥananiah ben Gamliel said that it can be made simple but the rabbis say, it cannot be made simple. {Rebbi objected to the statement of Ḥananiah ben Gamliel: “The body of the document.” If he knotted and signed it outside, everybody agrees that it cannot be made simple. But we must deal with the case that he knotted it from the inside and then signed it on the outside; in that case Rebbi Ḥananiah ben Gamliel said that it can be made simple, but the rabbis say, it cannot be made simple.) Rebbi objected to the statement of Rebbi Ḥananiah ben Gamliel: The body of the document shows whether it is simple or not simple. What is the body of the document? Rebbi Abba said, as Rav Huna said, witnesses never sign below unless they first read before them: “I X son of Y accept everything written above.” But did we not state: “That is the formula of a document”? Rebbi Mana said, that is the formula of a knotted document. Rebbi Abin said, even if you say it is the same for knotted and simple, for a knotted document it is a necessity, for a simple one it is not a necessity. Rebbi Aḥa said, if one adds to practice. A simple document [is witnessed] by two persons. If common usage is to have three, one makes it with three. A knotted document is signed on its back. If common usage is to sign it inside and out, one signs it inside and out.

It was stated: [A claim based on] any of these three types of documents can be collected only from unincumbered property, not from mortgaged property. Rebbi Abba said, that means, if the document in the hand of the lender has not been confirmed. [But if the document in the hand of the lender has been confirmed, he may collect. Rebbi Yose asked: If the document in the hand of the lender has not been confirmed,] he should not be able to collect even from unincumbered property! But one must deal with a document confirmed in the hand of the lender. And why can he not collect? Rebbi Bisna said, because of action in partnership. Rebbi Abina said, because it is invalid And here, because it is invalid. Rebbi Abin asked, so far, if the old man took the loan [and the old man mortgaged. But if the old man took the loan and the son mortgaged,] can you say because of a conspiracy? No, because it is invalid. Rebbi Abun asked, was it not stated: The same holds for bills of divorce? Can you say there, because of action in partnership? No, because it is invalid. And here, because it is invalid.

Rebbi Abba bar Hamnuna, Rav Ada bar Aḥa in the name of Rav: This is Rebbi Meїr’s. Why did you have to say this? Rebbi Mana said, since Rav Huna said in the name of Rav: “This entire Chapter is Rebbi Meїr’s except for ‘if he changed his or her name or the name of his or her city.’ ” You should not come to say that the first is Rebbi Meїr’s, the second the rabbis’. Therefore it is necessary to say that this is Rebbi Meїr’s. Rebbi Yose said, since Rav and Samuel both say that practice follows Rebbi Eleazar, that you should not be led to say the same here. Therefore it is necessary to say that this is Rebbi Meїr’s.

HALAKHAH: “If he wrote two bills of divorce side by side,” etc. “It is invalid if the witnesses are separated from the text by the width of two lines; less than that it is valid”. Simeon bar Abba in the name of Rebbi Joḥanan: An empty space of two lines in a text about one subject makes invalid in any case. Rebbi Samuel bar Rav Isaac said: The Mishnah says so: “One Hebrew- and one Greek-writing witness are under each of them, reaching from one column to the other, are all invalid.” Is not Hebrew combined with Greek one item? Rebbi Mana said, if he started at the end of the second line and ended at the fourth line, it is valid. “How far from the text should the witnesses sign? That they can be read with it, the words of Rebbi. Rebbi Simeon ben Eleazar says, one full line. Rebbi Dositheos ben Yannai says, the width of the witnesses’ handwriting.” What kind of writing does one use to estimate? Rebbi Yasa ben Rebbi Sabbatai says, the width of the witnesses’ handwriting. Rebbi Abbahu in the name of Rebbi Isaac ben Ḥaqula: Corresponding to לך ולך. Rebbi Jeremiah asked before Rebbi Ze‘ira: Does the signature of Yose ben Yannai have equal weight with the signature of Shaul ben Barukh? He said to him: For that it is needed, that the signature of Yose ben Yannai has equal weight with the signature of Shaul ben Barukh.

A document which has an erasure or insertion in its main part is invalid; in the routine matter it is valid; but if it was mentioned later it is valid even in the main part. Rebbi Jonah and Rebbi Yose both say, one has to mention it at least in the second line before the end of the text. Rebbi Ze‘ira in the name of Rav: One has to mention the essence of the document with it. Rebbi Abba in the name of Rav: If one did not mention the essence of the document with it. The argument of Rebbi Abba seems inverted. There, Rebbi Ba said in the name of Rav Jeremiah: Disqualified witnesses do not constitute remote testimony since they came only to support the document’s validity. And here, he says so? There, in the name of Rebbi Jeremiah, here in the name of Rav.

A document which has an erasure or insertion in its main part is invalid; in the routine matter it is valid; but if it was mentioned later it is valid even in the main part. Rebbi Jonah and Rebbi Yose both say, one has to mention it at least in the second line before the end of the text. Rebbi Ze‘ira in the name of Rav: One has to mention the essence of the document with it. Rebbi Abba in the name of Rav: If one did not mention the essence of the document with it. The argument of Rebbi Abba seems inverted. There, Rebbi Ba said in the name of Rav Jeremiah: Disqualified witnesses do not constitute remote testimony since they came only to support the document’s validity. And here, he says so? There, in the name of Rebbi Jeremiah, here in the name of Rav.

If somebody contests the signature of the witnesses or the signature of the judges. Rebbi Abba in the name of Rav Jehudah: If he wants to certify it from the handwriting of the witnesses it is certified, from the handwriting of the judges it is certified; I am saying that even from one witness and one judge it is certified. If he gave permission to the scribe to write and to the witnesses to sign, Rebbi Abba in the name of Rav Jeremiah: The witnesses have to write: “This loan is from the first of Nisan but we wrote at a later date.” Rebbi Ze‘ira in the name of Rav Hamnuna: The confirmation of the judges is valid even if it is at some distance. Rebbi Mana said, is that correct? Could he then not certify from one handwriting? Rav said: The judges have to write: We certified this in the presence of X and Y. Why? So they can be convicted of perjury. But then also on which date, at which time, at which place? A judgment was given before Rav and this was not written. Rebbi Ḥaggai said: The judges have to know the parties. It happened that they falsified.

If somebody contests the signature of the witnesses or the signature of the judges. Rebbi Abba in the name of Rav Jehudah: If he wants to certify it from the handwriting of the witnesses it is certified, from the handwriting of the judges it is certified; I am saying that even from one witness and one judge it is certified. If he gave permission to the scribe to write and to the witnesses to sign, Rebbi Abba in the name of Rav Jeremiah: The witnesses have to write: “This loan is from the first of Nisan but we wrote at a later date.” Rebbi Ze‘ira in the name of Rav Hamnuna: The confirmation of the judges is valid even if it is at some distance. Rebbi Mana said, is that correct? Could he then not certify from one handwriting? Rav said: The judges have to write: We certified this in the presence of X and Y. Why? So they can be convicted of perjury. But then also on which date, at which time, at which place? A judgment was given before Rav and this was not written. Rebbi Ḥaggai said: The judges have to know the parties. It happened that they falsified.

“Even though the House of Shammai and the House of Hillel disagreed about co-wives, and sisters, and an old bill of divorce, and a woman doubtfully married, and someone who gives qiddushin in the value of a peruṭa, and someone who divorces his wife and spends the night with her in a hostelry, and a woman who receives qiddushin for at least a denar or the value of a denar, the House of Shammai did not refrain from marrying women from the House of Hillel or the House of Hillel from the House of Shammai but they behave truthfully and in peace, as it is said: ‘Love truth and peace.’ ” Bastardy is between them and you say so? How is that? If a first man gives her qiddushin for a peruṭa and a second [gives her afterwards)] for a denar, in the opinion of the House of Shammai she is betrothed to the second and her child by the first is a bastard. In the opinion of the House of Hillel she is betrothed to the first and her child by the second is a bastard. Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: The House of Shammai concede to the House of Hillel as a restriction. In that case, the House of Shammai should marry women from the House of Hillel since they concede to them. But the House of Hillel should not marry women from the House of Shammai since they do not concede to them. Rebbi Joḥanan in the name of Rebbi Yannai: They all followed the same practice. If they followed the same practice, in this case we stated: “The House of Shammai sent and diminished it, since the House of Shammai say unless most of it is missing?” Rebbi Yose ben Rebbi Abun said, the House of Shammai acted before the question came before the House of Hillel. After a question came before the House of Hillel, the House of Shammai were not touching it. Rebbi Abba Mari said, that is correct. Did we not state: “They declared impure all purities from before”, but not in the future. Rebbi Yose ben Rebbi Abun said, Rav and Samuel disagreed. One said both acted according to valid practice; the other said, each party followed their own practice. Bastardy is between them and you say so? The Omnipresent watched and no case ever happened.

“By money”. “The money of his sale price shall be;” he can be redeemed by money, not by produce nor by vessels. Everywhere you treat money’s worth like money, but here you do not treat money’s worth like money. Rebbi Abba Mari said, there is a difference, because the verse repeated “money, of money”. Rebbi Ḥiyya bar Ada said, but if he wants to reduce, he can leave for the reduced amount even for produce, even for vessels. Rebbi Yudan, Rebbi Mattaniah’s father, said that this is only if he did not give them their money’s worth. But if he gave them their money’s worth, it is like money.

Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: Following him, who said “for servitude”, he makes up before he leaves. But was it not stated: After he redeemed him it is as if he were sold to him, he enslaves him before he leaves. Rebbi Abba Mari said, there is no “enslaves him before he leaves”, only “he makes up before he leaves.” If his relatives want to redeem him from the first [master’s], they redeem. If his relatives want to redeem him from the second [master’s], they cannot redeem. Rebbi Yose in the name of Rebbi Joḥanan: That follows him who said: “by these to freedom, by all others to servitude.”

Samuel bar Abba asked before Rebbi Yose: There it is written “he computes” and here it is written “he computes”. Here you compute months and years so he may leave, there you do not compute months and years so he may leave. He said to him, the difference is that the Torah compared him to the hireling. Since the latter computes months and years and leaves, so this one computes months and years and leaves.

“If 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 recognize the grandson like a son but here you do not recognize the grandson like a son? Rebbi Ze‘ira said, if anybody explains this matter, I shall pour him spiced wine. Rebbi Naḥum answered: In matters of inheritance where the brother can take the place of a son and all others can take the place of the son, the grandson takes the place of a son. But here, where neither the brother nor any other relative can take the place of a son, the grandson cannot take the place of a son. The rabbis of Caesarea answered: In matters of impurity you consider a brother like a son and all [near] relatives like a son but not a grandson like a son. They said, there went the spiced wine.

It is written: “His master shall bring him to the judges, or he shall bring him to the door.” How is that? The one who was sold by the court, “his master shall bring him to the judges.” The one who sold himself, “or he shall bring him to the door.” Rebbi Immi asked: It is obvious that the court writes the contract for him who was sold by the court. Who is writing the contract for him who sells himself? It is written: “It shall not be hard in your eyes to send him away free from you; for twice the hire of a hireling he served you for six years.” The hired hand works during the day; he does not work in the night. The Hebrew slave works both day and night. It is written: “He shall not treat him harshly before your eyes,” and you say so? Rebbi Immi in the name of Rebbi Joḥanan: His master marries him to a Canaanite slave; it turns out that he serves him day and night. Rebbi Abba bar Mamai asked before Rebbi Immi: Think of it, if he was buying a Cohen! He answered him: Would the case of an Israel not also be permission of something prohibited following Rebbi Simeon? Rebbi Abba bar Mamai here changed his mind.

It is written: “His master shall bring him to the judges, or he shall bring him to the door.” How is that? The one who was sold by the court, “his master shall bring him to the judges.” The one who sold himself, “or he shall bring him to the door.” Rebbi Immi asked: It is obvious that the court writes the contract for him who was sold by the court. Who is writing the contract for him who sells himself? It is written: “It shall not be hard in your eyes to send him away free from you; for twice the hire of a hireling he served you for six years.” The hired hand works during the day; he does not work in the night. The Hebrew slave works both day and night. It is written: “He shall not treat him harshly before your eyes,” and you say so? Rebbi Immi in the name of Rebbi Joḥanan: His master marries him to a Canaanite slave; it turns out that he serves him day and night. Rebbi Abba bar Mamai asked before Rebbi Immi: Think of it, if he was buying a Cohen! He answered him: Would the case of an Israel not also be permission of something prohibited following Rebbi Simeon? Rebbi Abba bar Mamai here changed his mind.

Rebbi Ze‘ira and Rebbi Ḥiyya in the name of Rebbi Joḥanan: It is reasonable that a slave be able to accept a bill of manumission since a bill of manumission applies to him. But he should not be able to accept a bill of divorce since a bill of divorce does not apply to him. If you say, is that not a baraita? “Your are a slave but your child is free; if she was pregnant, she acquired for him.” They considered her fetus as one of her limbs. Rebbi Abba bar Ḥiyya in the name of Rebbi Joḥanan: It is reasonable that a slave be able to accept a bill of manumission but he should not be able to accept a bill of his equal. If you say, the preceding baraita? “You are a slave but your child is free; if she was pregnant, she acquired for him.” They considered her fetus as one of her limbs.

“For my slave girl X I want a document that she should not be enslaved.” Rebbi Eleazar and Rebbi Simeon ben Yaqim brought a case before Rebbi Joḥanan. He said, he has no power to enslave. What are her children? Slaves. What did he retain for her? Her earnings. Rebbi Abba and Rebbi Yose both said, this follows Rebbi who said that a person frees half of his slave. If he wrote all his possessions jointly to two of his slaves, both are free and both have to free one another. Rav Jehudah in the name of Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan: This follows Rebbi who said that a person frees half of his slave. Rebbi Ze‘ira said to Rebbi Abba: Does this not imply that one slave accepts from his master for another one? He answered, what do you think? Since they acquired the properties they went free? No, simultaneously slaves and properties went free.

“For my slave girl X I want a document that she should not be enslaved.” Rebbi Eleazar and Rebbi Simeon ben Yaqim brought a case before Rebbi Joḥanan. He said, he has no power to enslave. What are her children? Slaves. What did he retain for her? Her earnings. Rebbi Abba and Rebbi Yose both said, this follows Rebbi who said that a person frees half of his slave. If he wrote all his possessions jointly to two of his slaves, both are free and both have to free one another. Rav Jehudah in the name of Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan: This follows Rebbi who said that a person frees half of his slave. Rebbi Ze‘ira said to Rebbi Abba: Does this not imply that one slave accepts from his master for another one? He answered, what do you think? Since they acquired the properties they went free? No, simultaneously slaves and properties went free.

HALAKHAH: “Large animals are taken possession of by handing over,” etc. Rebbi Huna said, the halter gives possession only for property of the proselyte. Rav Ḥizqiah, Rebbi Abba: Rebbi Eleazar asked, if there were ten camels tied one to another and he handed him the halter of one of them. Did he take possession of all of them or only of the one of which he handed him [the halter]? Rav Ḥisda said: “Draw this animal to take possession of it, he took possession. To take possession of its offspring, he did not take possession. To take possession of it together with its offspring, he took possession.” If somebody said to another person, draw this animal close to take possession of its load, would he not take possession? Rebbi Yose said, that is, if the animal was not pregnant. But if it was pregnant, they considered it as if carrying a load.

Rebbi Abba, Rav Huna in the name of Rav: One who handles a wine-skin and it splits in his hand is not responsible for it. Rebbi Yose ben Rebbi Abun, it is necessary even if he takes it in the store when he had no other intention than that no other person should take it. Can he take possession at a minimal rate? Rebbi Ḥaggai said in the name of Rebbi Yose: A Mishnah says that it cannot become his possession at a minimal rate, as we have stated there: “If somebody sells his wine to a Non-Jew. If he fixed the price before he measured, the proceeds are permitted; if he measured before he fixed the price, the proceeds are forbidden.” If you say that it can come into his possession at a minimal rate, even if he measured before he fixed the price, it should be as if he fixed the price before he measured and the proceeds would be permitted.

Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: If somebody sell a cistern, when he handed over its pail [the buyer] took possession. Rebbi Immi in the name of Rebbi Joḥanan: If somebody sell a house, when [the buyer] stored there, he took possession. Rebbi Jehudah ben Pazi asked, what if he handed over the key? Rebbi Zachariah, son-in-law of Rebbi Levi, said: This is a disagreement between Rebbi Simeon and the Sages, as we have stated there: “If somebody hand over the key to his house to an ‘am ha’areṣ, the house is pure since he handed to him only the guarding of the key.” It was stated: “Rebbi Simeon declares impure.”

Rav Jehudah sent and asked Rebbi Eleazar: The extortionist, and the robber, and the thief? He answered, it is assumed that the owners do not deal with the dead animal. From where that the owners do not deal with the dead animal? Rebbi Abba bar Mamal said, “alive, he shall pay double,” but not dead animals. That refers to theft; for robbery? Rebbi Abun said, “he shall return the robbed object which he robbed,” as it was.

“By money.” Rebbi Abba was of the opinion, by money if there was no intention to write a deed. But if money was given with the intention to write a deed for him, possession was transferred only when the deed was written. Rebbi Jonah and Rebbi Yose disagree. It follows that Rebbi Abba parallels Samuel and Rav Huna Rebbi Joḥanan. Rebbi Abba parallels Samuel. Samuel asked Rav Ḥuna: He was slaughtering sacrifices while being occupied? He answered, “for your intention,” this excludes one otherwise occupied. If one wrote a gift in the language of a sale? He answered, he made it ride on two racing horses; Rebbi Abba said this; Samuel did not accept it. What means “he made it ride on two shining racing horses”? They wanted to say, one brings two crazy horses and makes it ride on both. One goes in one direction and the other in another; he has nothing in his hand. Rebbi Yose from Mamelia said, he doubly empowered him, for there is a title guarantee in a sale but none for a gift; the seller did not sell everything but the giver of a gift gave everything. And Rav Ḥuna parallels Rebbi Joḥanan. A person, when he lay dying, said: my property should be given to X. Afterwards he said: write and deliver. Rebbi Eleazar and Rebbi Simeon bar Yaqim brought the case before Rebbi Joḥanan who said: If he said to transfer to him, everybody agrees that he entered into possession. If the transfer was to be in writing, everybody agrees that nobody transfers rights in writing after his death. Who would notify the greatness? Explain it if witnesses know. Think of it, if no witnesses know it? Rebbi Yose said, the field remains in the hand of its proprietors; the burden of proof is on the claimant.

“By money.” Rebbi Abba was of the opinion, by money if there was no intention to write a deed. But if money was given with the intention to write a deed for him, possession was transferred only when the deed was written. Rebbi Jonah and Rebbi Yose disagree. It follows that Rebbi Abba parallels Samuel and Rav Huna Rebbi Joḥanan. Rebbi Abba parallels Samuel. Samuel asked Rav Ḥuna: He was slaughtering sacrifices while being occupied? He answered, “for your intention,” this excludes one otherwise occupied. If one wrote a gift in the language of a sale? He answered, he made it ride on two racing horses; Rebbi Abba said this; Samuel did not accept it. What means “he made it ride on two shining racing horses”? They wanted to say, one brings two crazy horses and makes it ride on both. One goes in one direction and the other in another; he has nothing in his hand. Rebbi Yose from Mamelia said, he doubly empowered him, for there is a title guarantee in a sale but none for a gift; the seller did not sell everything but the giver of a gift gave everything. And Rav Ḥuna parallels Rebbi Joḥanan. A person, when he lay dying, said: my property should be given to X. Afterwards he said: write and deliver. Rebbi Eleazar and Rebbi Simeon bar Yaqim brought the case before Rebbi Joḥanan who said: If he said to transfer to him, everybody agrees that he entered into possession. If the transfer was to be in writing, everybody agrees that nobody transfers rights in writing after his death. Who would notify the greatness? Explain it if witnesses know. Think of it, if no witnesses know it? Rebbi Yose said, the field remains in the hand of its proprietors; the burden of proof is on the claimant.

“By money.” Rebbi Abba was of the opinion, by money if there was no intention to write a deed. But if money was given with the intention to write a deed for him, possession was transferred only when the deed was written. Rebbi Jonah and Rebbi Yose disagree. It follows that Rebbi Abba parallels Samuel and Rav Huna Rebbi Joḥanan. Rebbi Abba parallels Samuel. Samuel asked Rav Ḥuna: He was slaughtering sacrifices while being occupied? He answered, “for your intention,” this excludes one otherwise occupied. If one wrote a gift in the language of a sale? He answered, he made it ride on two racing horses; Rebbi Abba said this; Samuel did not accept it. What means “he made it ride on two shining racing horses”? They wanted to say, one brings two crazy horses and makes it ride on both. One goes in one direction and the other in another; he has nothing in his hand. Rebbi Yose from Mamelia said, he doubly empowered him, for there is a title guarantee in a sale but none for a gift; the seller did not sell everything but the giver of a gift gave everything. And Rav Ḥuna parallels Rebbi Joḥanan. A person, when he lay dying, said: my property should be given to X. Afterwards he said: write and deliver. Rebbi Eleazar and Rebbi Simeon bar Yaqim brought the case before Rebbi Joḥanan who said: If he said to transfer to him, everybody agrees that he entered into possession. If the transfer was to be in writing, everybody agrees that nobody transfers rights in writing after his death. Who would notify the greatness? Explain it if witnesses know. Think of it, if no witnesses know it? Rebbi Yose said, the field remains in the hand of its proprietors; the burden of proof is on the claimant.

“By money.” Rebbi Abba was of the opinion, by money if there was no intention to write a deed. But if money was given with the intention to write a deed for him, possession was transferred only when the deed was written. Rebbi Jonah and Rebbi Yose disagree. It follows that Rebbi Abba parallels Samuel and Rav Huna Rebbi Joḥanan. Rebbi Abba parallels Samuel. Samuel asked Rav Ḥuna: He was slaughtering sacrifices while being occupied? He answered, “for your intention,” this excludes one otherwise occupied. If one wrote a gift in the language of a sale? He answered, he made it ride on two racing horses; Rebbi Abba said this; Samuel did not accept it. What means “he made it ride on two shining racing horses”? They wanted to say, one brings two crazy horses and makes it ride on both. One goes in one direction and the other in another; he has nothing in his hand. Rebbi Yose from Mamelia said, he doubly empowered him, for there is a title guarantee in a sale but none for a gift; the seller did not sell everything but the giver of a gift gave everything. And Rav Ḥuna parallels Rebbi Joḥanan. A person, when he lay dying, said: my property should be given to X. Afterwards he said: write and deliver. Rebbi Eleazar and Rebbi Simeon bar Yaqim brought the case before Rebbi Joḥanan who said: If he said to transfer to him, everybody agrees that he entered into possession. If the transfer was to be in writing, everybody agrees that nobody transfers rights in writing after his death. Who would notify the greatness? Explain it if witnesses know. Think of it, if no witnesses know it? Rebbi Yose said, the field remains in the hand of its proprietors; the burden of proof is on the claimant.

Rebbi Joḥanan asked: Can movables be taken into possession by dragging? Rebbi Abba bar Mamal said, what is his problem? With hard hides. But soft hides are not taken into posession until lifted. A baraita disagrees with Rebbi Abba bar Mamal: If somebody steals another person’s pouch and removes it on the Sabbath, he is obligated since he already is obligated for the theft of the wallet before he comes in conflict with the holiness of the Sabbath. But if he was dragging it until he left, he is free since the obligations of capital crime and restitution fall on him simultaneously. Therefore, if the obligations of capital crime and restitution do not fall on him simultaneously he is obligated. Rebbi Mattania said, explain it with large pouches which usually are dragged.

Rebbi Joḥanan asked: Can movables be taken into possession by dragging? Rebbi Abba bar Mamal said, what is his problem? With hard hides. But soft hides are not taken into posession until lifted. A baraita disagrees with Rebbi Abba bar Mamal: If somebody steals another person’s pouch and removes it on the Sabbath, he is obligated since he already is obligated for the theft of the wallet before he comes in conflict with the holiness of the Sabbath. But if he was dragging it until he left, he is free since the obligations of capital crime and restitution fall on him simultaneously. Therefore, if the obligations of capital crime and restitution do not fall on him simultaneously he is obligated. Rebbi Mattania said, explain it with large pouches which usually are dragged.

HALAKHAH: “If anything is given instead of money,” etc. There, we have stated: “This is the principle: All movables acquire one another.” Rebbi Abba, Rav Ḥuna in the name of Rav: Even heaps among heaps. Rebbi Eleazar said to him, we have stated only: “If anything is given instead of money,” anything that needs estimation. It turns out that Rebbi Abba follows Rebbi Joḥanan and Rebbi Eleazar his own opinion, as we have stated there: “Brothers having common property who are obligated for agio are free from animal tithe, but if they are obligated for animal tithe they are free from agio.” Rebbi Eleazar said, only if they exchanged kid goats against rams and rams against kid goats. But if they exchanged kid goats against kid goats and rams against rams, that was [the recipient’s] part from the first moment. Rebbi Joḥanan said, even if they exchanged kid goats against kid goats and rams against rams, they are buyers. But we have stated there: “The buyer and the recipient of a gift are free from animal tithe. Brothers having common property who are obligated for agio are free from animal tithe.” When they split and then joined again. “But if they are obligated for animal tithe they are free from agio.” If they never split.

HALAKHAH: “If anything is given instead of money,” etc. There, we have stated: “This is the principle: All movables acquire one another.” Rebbi Abba, Rav Ḥuna in the name of Rav: Even heaps among heaps. Rebbi Eleazar said to him, we have stated only: “If anything is given instead of money,” anything that needs estimation. It turns out that Rebbi Abba follows Rebbi Joḥanan and Rebbi Eleazar his own opinion, as we have stated there: “Brothers having common property who are obligated for agio are free from animal tithe, but if they are obligated for animal tithe they are free from agio.” Rebbi Eleazar said, only if they exchanged kid goats against rams and rams against kid goats. But if they exchanged kid goats against kid goats and rams against rams, that was [the recipient’s] part from the first moment. Rebbi Joḥanan said, even if they exchanged kid goats against kid goats and rams against rams, they are buyers. But we have stated there: “The buyer and the recipient of a gift are free from animal tithe. Brothers having common property who are obligated for agio are free from animal tithe.” When they split and then joined again. “But if they are obligated for animal tithe they are free from agio.” If they never split.

Rebbi Abba in the name of Rav Jehudah in the name of Samuel: One has a cow and one a donkey. They exchanged one for the other. The donkey’s owner took the cow. When the cow’s owner came to take the donkey and found that it had died, the donkey’s owner has to bring proof that his donkey was alive at the moment he took the cow. For the burden of proof is on the claimant except for barter. And anybody who does not agree to this does not know anything about civil law. Rebbi Ze‘ira said, I do not agree. Rebbi Abba said to Rebbi Ze‘ira: A Mishnah disagrees with Samuel. “If she had bodily defects, as long as she is in her father’s house, the father has to prove.” Not the husband has to prove to regain the [money given] for preliminary marriage from the father. The students of Rebbi Jonah said, explain it if little money was involved. An example: Rebbi Ḥuna, Rebbi Phineas, and Rebbi Ḥizqiah went to visit Rebbi Yosef to learn from him. They said to him, the Mishnah supports Samuel: “Once she entered the husband’s domain, the husband has to prove.” Would not the father have to prove, to extract the ketubah from the husband’s possession? He answered them, does not Samuel agree that if the cow’s owner took possession of the donkey, he has to prove that it was defective before it came into his possession? And this one, when he took her in it is as if he drew close.

Rebbi Abba in the name of Rav Jehudah in the name of Samuel: One has a cow and one a donkey. They exchanged one for the other. The donkey’s owner took the cow. When the cow’s owner came to take the donkey and found that it had died, the donkey’s owner has to bring proof that his donkey was alive at the moment he took the cow. For the burden of proof is on the claimant except for barter. And anybody who does not agree to this does not know anything about civil law. Rebbi Ze‘ira said, I do not agree. Rebbi Abba said to Rebbi Ze‘ira: A Mishnah disagrees with Samuel. “If she had bodily defects, as long as she is in her father’s house, the father has to prove.” Not the husband has to prove to regain the [money given] for preliminary marriage from the father. The students of Rebbi Jonah said, explain it if little money was involved. An example: Rebbi Ḥuna, Rebbi Phineas, and Rebbi Ḥizqiah went to visit Rebbi Yosef to learn from him. They said to him, the Mishnah supports Samuel: “Once she entered the husband’s domain, the husband has to prove.” Would not the father have to prove, to extract the ketubah from the husband’s possession? He answered them, does not Samuel agree that if the cow’s owner took possession of the donkey, he has to prove that it was defective before it came into his possession? And this one, when he took her in it is as if he drew close.

Rebbi Abba, Rav Hamnuna, Rav Ada bar Aḥawa in the name of Rav: If he sold a cow for money, then grabbed him and said, give me that money. He answered, for what do you need it? He said, to buy a donkey for him[self]. If the owner of the cow took possession of the donkey, the cow was not taken into possession. Was the donkey taken into possession? Rebbi Abba said, it was taken into possession. Rebbi Yose said, it was not taken into possession. Rebbi Abba thought that this was barter, but it was not barter. Rebbi Mana in the name of Rebbi Yose: Sometimes it is a new deal for one party and a new deal for the other party. How is that? He sold him a cow for money; he left the money standing with him. The next day, he found him standing there and said, what are you doing here? He said, I want to collect the money. He answered, for what do you want it? He said, to buy myself a donkey. He answered, there is a donkey before you. If either one of them drew, the other one did not enter into possession; each one has to take possession separately.

Rebbi Abba, Rav Hamnuna, Rav Ada bar Aḥawa in the name of Rav: If he sold a cow for money, then grabbed him and said, give me that money. He answered, for what do you need it? He said, to buy a donkey for him[self]. If the owner of the cow took possession of the donkey, the cow was not taken into possession. Was the donkey taken into possession? Rebbi Abba said, it was taken into possession. Rebbi Yose said, it was not taken into possession. Rebbi Abba thought that this was barter, but it was not barter. Rebbi Mana in the name of Rebbi Yose: Sometimes it is a new deal for one party and a new deal for the other party. How is that? He sold him a cow for money; he left the money standing with him. The next day, he found him standing there and said, what are you doing here? He said, I want to collect the money. He answered, for what do you want it? He said, to buy myself a donkey. He answered, there is a donkey before you. If either one of them drew, the other one did not enter into possession; each one has to take possession separately.

Rebbi Abba, Rav Hamnuna, Rav Ada bar Aḥawa in the name of Rav: If he sold a cow for money, then grabbed him and said, give me that money. He answered, for what do you need it? He said, to buy a donkey for him[self]. If the owner of the cow took possession of the donkey, the cow was not taken into possession. Was the donkey taken into possession? Rebbi Abba said, it was taken into possession. Rebbi Yose said, it was not taken into possession. Rebbi Abba thought that this was barter, but it was not barter. Rebbi Mana in the name of Rebbi Yose: Sometimes it is a new deal for one party and a new deal for the other party. How is that? He sold him a cow for money; he left the money standing with him. The next day, he found him standing there and said, what are you doing here? He said, I want to collect the money. He answered, for what do you want it? He said, to buy myself a donkey. He answered, there is a donkey before you. If either one of them drew, the other one did not enter into possession; each one has to take possession separately.

There, we have stated: “If they started, one does not interrupt.” What is the start of bathing? Rebbi Zeriqan in the name of Rebbi Ḥanina: When he opened his belt. Rav said, when he took off his shoe. Rebbi Joshua ben Levi used to hear the lesson of his grandson every Friday. Once he forgot and went bathing in the public baths of Tiberias; he was leaning on Rebbi Ḥiyya bar Abba’s shoulder. He remembered and left the public bath. He said, so it was: Rebbi Eleazar bar Yose said, he had taken off [his clothes]. Rebbi Ḥiyya bar Abba said to him, did our teacher not teach us, “if they started, one does not interrupt”? He said to him, Ḥiyya my son, is that unimportant in your eyes? For anyone who hears the lesson from his grandson is as if he heard it from Mount Sinai. What is the reason? “ You shall make them known to you sons and grandsons,” etc., “the day when you stood before the Eternal, your God, at Horeb.” Like the day when you stood before the Eternal, your God, at Horeb. Rebbi Ḥizqiah bar Jeremiah, Rebbi Ḥiyya in the name of Rebbi Joḥanan: If you can link the tradition back to Moses, link it. Otherwise take either the very first or the very last [source]. Giddul said, anybody who quotes somebody should consider it as if the author of the quote stood before him. What is the reason? “Only in image a man wanders.” “Many a man professes good will, but where will you find one you can trust?” That is Rebbi Ze‘ira, as Rebbi Ze‘ira said, we do take the traditions of Rav Sheshet into account since he is blind. And Rebbi Ze‘ira said to Rebbi Yasa, does the Rabbi know Bar Pedaiah, that you quote in his name? He said to him, Rav Ada bar Aḥawa said it in his name.

There, we have stated: “If they started, one does not interrupt.” What is the start of bathing? Rebbi Zeriqan in the name of Rebbi Ḥanina: When he opened his belt. Rav said, when he took off his shoe. Rebbi Joshua ben Levi used to hear the lesson of his grandson every Friday. Once he forgot and went bathing in the public baths of Tiberias; he was leaning on Rebbi Ḥiyya bar Abba’s shoulder. He remembered and left the public bath. He said, so it was: Rebbi Eleazar bar Yose said, he had taken off [his clothes]. Rebbi Ḥiyya bar Abba said to him, did our teacher not teach us, “if they started, one does not interrupt”? He said to him, Ḥiyya my son, is that unimportant in your eyes? For anyone who hears the lesson from his grandson is as if he heard it from Mount Sinai. What is the reason? “ You shall make them known to you sons and grandsons,” etc., “the day when you stood before the Eternal, your God, at Horeb.” Like the day when you stood before the Eternal, your God, at Horeb. Rebbi Ḥizqiah bar Jeremiah, Rebbi Ḥiyya in the name of Rebbi Joḥanan: If you can link the tradition back to Moses, link it. Otherwise take either the very first or the very last [source]. Giddul said, anybody who quotes somebody should consider it as if the author of the quote stood before him. What is the reason? “Only in image a man wanders.” “Many a man professes good will, but where will you find one you can trust?” That is Rebbi Ze‘ira, as Rebbi Ze‘ira said, we do take the traditions of Rav Sheshet into account since he is blind. And Rebbi Ze‘ira said to Rebbi Yasa, does the Rabbi know Bar Pedaiah, that you quote in his name? He said to him, Rav Ada bar Aḥawa said it in his name.

The words of Rebbi Ḥiyya bar Abba disagree, for Rebbi Ḥiyya bar Abba said that Rebbi Yudan, son of Rebbi Simeon bar Ioḥai’s daughter, stated that Rebbi Simeon bar Ioḥai stated: Honoring father and mother is great because the Holy One, praise to Him, preferred it over His own honor. It is said (Ex. 20:12): “Honor your father and your mother,” and it is said (Prov. 3:9): “Honor the Eternal with your property.” How do you honor Him? From your property! One gives gleanings, forgotten sheaves, and peah, one gives terumah, the First and Second Tithes and the tithe for the poor, ḥallah, one makes a sukkah, and lulav,shofar, and tefillin, and ẓiẓit, one feeds the hungry and gives to drink to the thirsty. If you have the wherewhithal, you are obliged for all of these; if you have nothing, you are not obliged even for one of them. But when it comes to honoring father and mother, whether you own property or you do not, you must honor father and mother, even if you are a beggar at people’s doors.

The words of Rebbi Ḥiyya bar Abba disagree, for Rebbi Ḥiyya bar Abba said that Rebbi Yudan, son of Rebbi Simeon bar Ioḥai’s daughter, stated that Rebbi Simeon bar Ioḥai stated: Honoring father and mother is great because the Holy One, praise to Him, preferred it over His own honor. It is said (Ex. 20:12): “Honor your father and your mother,” and it is said (Prov. 3:9): “Honor the Eternal with your property.” How do you honor Him? From your property! One gives gleanings, forgotten sheaves, and peah, one gives terumah, the First and Second Tithes and the tithe for the poor, ḥallah, one makes a sukkah, and lulav,shofar, and tefillin, and ẓiẓit, one feeds the hungry and gives to drink to the thirsty. If you have the wherewhithal, you are obliged for all of these; if you have nothing, you are not obliged even for one of them. But when it comes to honoring father and mother, whether you own property or you do not, you must honor father and mother, even if you are a beggar at people’s doors.

Rebbi Aḥa in the name of Rebbi Abba bar Cahana: It is written (Prov. 5:6): “She does not smooth the way of life, her tracks deviate and you will not notice it.” The Holy One, praise to Him, moved the rewards of those who fulfill the commandments (to the future world) so that they should act in faith. Rebbi Aḥa in the name of Rebbi Isaac: It is written (Prov. 4:23): “Observe carefully everything which must be kept, for from it comes life,” observe carefully all the things you were told in the Torah, for you do not know from which of them life will come to you. Rebbi Abba bar Cahana said, the verse equals the easiest commandment with the most difficult one. The easiest commandment is sending away [the mother] from the nest. The most difficult one is honoring father and mother. For both of them it is written: “Your days will be lengthened.” Rebbi Abun said, if for anything that is repayment of debt it is written (Deut. 5:16): “That you shall be well and that your days shall be lengthened,” so much more something that involves monetary loss and personal danger. Rebbi Levi said, this one is greater; repaying a debt is greater than fulfilling an obligation that does not involve repaying a debt. Rebbi Simeon ben Ioḥai stated: Just as their rewards are the same, so their punishments are identical. (Prov. 30:17) “The eye that scoffs at the father and despises to obey the mother,” the eye that scoffs about honoring father and mother and despises the commandment not to take the mother with the chicks, “the river ravens should pick it out,” the cruel raven should come, pick it out, and not have any enjoyment from it, “the sons of the eagle should eat it,” the merciful eagle should come and enjoy it.

Rebbi Aḥa in the name of Rebbi Abba bar Cahana: It is written (Prov. 5:6): “She does not smooth the way of life, her tracks deviate and you will not notice it.” The Holy One, praise to Him, moved the rewards of those who fulfill the commandments (to the future world) so that they should act in faith. Rebbi Aḥa in the name of Rebbi Isaac: It is written (Prov. 4:23): “Observe carefully everything which must be kept, for from it comes life,” observe carefully all the things you were told in the Torah, for you do not know from which of them life will come to you. Rebbi Abba bar Cahana said, the verse equals the easiest commandment with the most difficult one. The easiest commandment is sending away [the mother] from the nest. The most difficult one is honoring father and mother. For both of them it is written: “Your days will be lengthened.” Rebbi Abun said, if for anything that is repayment of debt it is written (Deut. 5:16): “That you shall be well and that your days shall be lengthened,” so much more something that involves monetary loss and personal danger. Rebbi Levi said, this one is greater; repaying a debt is greater than fulfilling an obligation that does not involve repaying a debt. Rebbi Simeon ben Ioḥai stated: Just as their rewards are the same, so their punishments are identical. (Prov. 30:17) “The eye that scoffs at the father and despises to obey the mother,” the eye that scoffs about honoring father and mother and despises the commandment not to take the mother with the chicks, “the river ravens should pick it out,” the cruel raven should come, pick it out, and not have any enjoyment from it, “the sons of the eagle should eat it,” the merciful eagle should come and enjoy it.

How does Rebbi Yose bar Ḥanina explain “In view of all this, we execute a contract and sign”? Since they accepted [the obligations] with good grace, the verse credits it to them as if they had accepted it voluntarily. How does Rebbi Eleazar explain “more than your forefathers?” He explains it for the future since Rebbi Ḥelbo, Simeon bar Abba said in the name of Rebbi Joḥanan: Your forefathers inherited the land of seven peoples, but you will in the future inherit the land of ten peoples. The three others are (Gen. 15:19) “the Qenites, the Qenizites and the Qadmonites.” Rebbi Jehudah said, [these are] Arabia, Salmaia and Nabataea. Rebbi Simeon says, Asia, Spain, and Damascus. Rebbi Eliezer ben Jacob says, Asia, Cartagena, and Thrace. Rebbi says, Edom, Moab, and the best of Ammon. “More than your forefathers”: Your forefathers, even though they were redeemed, were later subjugated again. But you when you are redeemed will not be subjugated again. What is the reason? (Jer. 30:6) “Inquire and see whether a male gives birth.” Just as a male cannot give birth so you, after you are redeemed, will not be subjugated again.

The House of Shammai say, an agent may not testify as witness. But the House of Hillel say, an agent may testify as witness. How is that? If he sent two, in the opinion of the House of Shammai there is an agent and two witnesses. In the opinion of the House of Hillel, all three can be agents and all three can be witnesses. Rebbi Abun bar Ḥiyya said, the matter is reasonable if the preliminary marriage was executed by document. But if he executed the preliminary marriage by money, he became an interested party in his testimony. Rebbi Yose said, since the Torah made him trustworthy, even if he executed the preliminary marriage by money, he did not become an interested party in his testimony. Rebbi Abba said, there came a case before Rav who admitted the agent as witness. A person deposited his amphoras in another’s corral; [the latter] reneged. The case came before Rebbi Jeremiah who admitted the agent as witness and made him swear [by the testimony of] the porter.

Rebbi Abba bar Cahana and Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: If she was preliminarily married with agreement but definitively married without agreement: there was such a case and the father came and removed her from the bridal chamber. Rebbi Jacob bar Aḥa in the name of Rebbi Joshua: He had an indication that Rebbi Joshua ben Levi disagreed with Rebbi Simeon ben Laqish. But this does not disagree. Just as Rebbi Simeon ben Laqish said there, she is not empowered to marry herself off and let her father lose her earnings, so Rebbi Joshua ben Levi said here, she is not empowered to marry herself off and let her father lose her earnings. Rebbi Abba bar Cahana and Rebbi Jacob bar Idi came in the name of Rebbi Joshua ben Levi: If she was preliminarily married without agreement and was being definitively married without agreement: there was such a case and the father came and annulled her preliminary marriage.

Rebbi Abba bar Cahana and Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: If she was preliminarily married with agreement but definitively married without agreement: there was such a case and the father came and removed her from the bridal chamber. Rebbi Jacob bar Aḥa in the name of Rebbi Joshua: He had an indication that Rebbi Joshua ben Levi disagreed with Rebbi Simeon ben Laqish. But this does not disagree. Just as Rebbi Simeon ben Laqish said there, she is not empowered to marry herself off and let her father lose her earnings, so Rebbi Joshua ben Levi said here, she is not empowered to marry herself off and let her father lose her earnings. Rebbi Abba bar Cahana and Rebbi Jacob bar Idi came in the name of Rebbi Joshua ben Levi: If she was preliminarily married without agreement and was being definitively married without agreement: there was such a case and the father came and annulled her preliminary marriage.

A person gave a pledge to another; the other reneged on it. Rebbi Abba, Rebbi Hila, and Rebbi Jacob bar Aḥa all three say it was a deal about flax seed and he had given partial payment. The case came before Rebbi Joḥanan, who said: Either he delivers the entire contract or one may turn him over to “Him Who exacted retribution.” Rebbi Ḥiyya bar Joseph said, either he delivers for the amount of the pledge or ome may turn him over to “Him Who exacted retribution.” Rebbi Ḥiyya bar Joseph agrees with Rebbi Joḥanan in a sale which is not usually split, such as of a cow or a stole. Is a woman usually acquired split? Rebbi Ḥaggai and Rebbi Yudan both said, a sale usually may be split, the acquisition of a wife cannot be split.

One understands “Cohen and he turns out to be a Levite.” “Levite and he turns out to be a Cohen”? She may say, I do not want one who is haughty towards me. One understands “from a walled city” and he turned out to be a villager; “from a village” and he turned out to be from a walled city? She may say, I want to be in a quiet place. “On condition that my house be close to the public baths” and it turned out to be far. One understands “close and it turned out to be far.” “Far and it turned out to be close”? She can say, I want to take a walk going and returning. “On condition that I have a daughter or slave-girl hairdresser” and it turned out that he had none, that one understands. “On condition that I have” and it turned out that he did not have? Think of it, if he had one at the end of the world! Rebbi Abba bar Mamal said, so is the Mishnah: “A daughter to dress your hair, and a slave-girl to serve you.”

HALAKHAH: “If somebody preliminarily marries a woman and her daughter,” etc. Rebbi Ḥiyya bar Abba said, one understands from this five rules: One understands that five women can be preliminarily married simultaneously. That a woman may receive her own wedding gift and that of her companion. And one may use the spoils of robbery for a preliminary marriage. And one may preliminarily marry using produce acquired by a prohibited act. And preliminary marriage is impossible in incest situations.

“One may not use the first-born of a she-ass to preliminarily marry a woman, but Rebbi Simeon permits it.” That disagrees with Rebbi Eleazar in two respects. If during its lifetime, it disagrees following the rabbis; if after breaking the neck, it disagrees following Rebbi Simeon. Rebbi Ḥanina in the name of Rebbi Yudan: Explain it that it died. If he broke its neck, it is forbidden for usufruct, but Rebbi Simeon permits it. “Breaking the neck, breaking the neck.” Since “breaking the neck” mentioned there implies that one has to break its neck, bury it, and it is forbidden for usufruct, so “breaking of the neck” mentioned here implies that one has to break its neck, [bury it,] and it is forbidden for usufruct. Following Rebbi Eleazar it is understandable. He permits during its lifetime; he needs an argument to forbid it after the breaking of the neck. Following Rebbi Joḥanan it is difficult. If it is forbidden during its lifetime, not so much more after breaking of its neck? There came Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, Rebbi Ze‘ira in the name of the rabbis: It is needed following the rabbis, lest you say that since the Torah combined the breaking of its neck with its redemption, and its redemption makes it profane, so also the breaking of its neck should make it profane. Do we find anything whose lifting makes profane and which is forbidden for usufruct? They objected: There is ṭevel containing the tithe of the poor which becomes totally profane by its lifting; but Rebbi Abba, Rav Huna said in the name of Rebbi: A person eating produce which is ṭevel for the tithe of the poor is guilty of a deadly sin. The rabbis of Caesarea in the name of Rebbi Jeremiah: So the rabbis answer Rebbi Simeon: Do we find anything that needs redemption and is permitted for usufruct? He replied to them: There is the first-born human who needs redemption and is permitted for usufruct.

The following is the way of contracting: One witness for the groom and one witness for the bride; these two together select a third in order to have two witnesses for each side. That is, if not both of them agree. But if both of them agree, both may invalidate the preliminary marriage. As, e. g., “if he said, I copulated, but she says, I was not copulated with. Even if he changed his story and then said, I did not copulate, he cannot be believed since from the start he had said, I copulated. But if from the start he said that he had not copulated, the two together can uproot the presumption.” If there was one witness for the groom, one witness for the bride, and the groom signed personally: Rebbi Abbahu said, it is a symphōn, Rebbi Abba said, it is preliminary marriage, for I am saying that he did not really intend a symphōn but thought that it would permit her sister to him.

If he performed a preliminary marriage during the validity of the symphōn, this is unconditional preliminary marriage. If he divorced, the students of Rebbi Jonah said, divorce touched her; Rebbi Jonah said, divorce did not touch her. When Rebbi Jonah died, his students acted following him. They said, since after 30 [days] she would leave without a bill of divorce, how can you say that divorce touched her? But divorce did not touch her. If he died during the time stipulated in the symphōn, Rebbi Abbahu said, she is permitted to marry; Rebbi Abba said, she is not permitted to marry. Rebbi Mana asked the family of Rebbi Yose’s father: How did your master usually act? He said to him, when it was a long time, he said that she should go and marry immediately. If the time was short, he said, what is the hurt if she waits? If he sent things during the validity of the symphōn, Rebbi Mana said, [it follows the rules of] symphōn; Rebbi Abba said, [it follows the rules of] preliminary marriage. The rabbis take note of Rebbi Mana’s opinion.

If he performed a preliminary marriage during the validity of the symphōn, this is unconditional preliminary marriage. If he divorced, the students of Rebbi Jonah said, divorce touched her; Rebbi Jonah said, divorce did not touch her. When Rebbi Jonah died, his students acted following him. They said, since after 30 [days] she would leave without a bill of divorce, how can you say that divorce touched her? But divorce did not touch her. If he died during the time stipulated in the symphōn, Rebbi Abbahu said, she is permitted to marry; Rebbi Abba said, she is not permitted to marry. Rebbi Mana asked the family of Rebbi Yose’s father: How did your master usually act? He said to him, when it was a long time, he said that she should go and marry immediately. If the time was short, he said, what is the hurt if she waits? If he sent things during the validity of the symphōn, Rebbi Mana said, [it follows the rules of] symphōn; Rebbi Abba said, [it follows the rules of] preliminary marriage. The rabbis take note of Rebbi Mana’s opinion.

HALAKHAH: “If somebody say to a woman,” etc. They asked before Rebbi Joḥanan: What is the difference between this and one who says, “this shall be heave for this standing produce after it has been cut”? He said to them, there, it is in his power to cut; but here, it is not in his power to be freed. Rebbi Ephes asked, think of it, if she was his slave girl? Rebbi Abba bar Mamal said, “after you are freed”, she is made dependent on another person’s will.

The elder Rebbi Hoshaia and Rebbi Jehudah Neśia were sitting together. They said, let us say something on the subject of preliminary marriage. If somebody say to his wife, here you have a peruṭaḣ that you should be preliminarily married to me after I have divorced you, what is the rule? They laughed and got up. Rebbi Yose said, why did they laugh? Did not Rebbi Abba bar Mamal say, “after you are freed”, she is made dependent on another person’s will; and here “after you are divorced,” she is made dependent on another’s will. If you want to find a difficulty. ask the following: A person went to preliminarily marry a woman. Another person overtook him and said to her, you should know that the man who is coming to preliminarily marry you has a bad mind. In the future he will abandon you. But here you have this peruṭah that you should be preliminarily married to me after he will have divorced you. What is the rule?

HALAKHAH: “If somebody says to a woman, be preliminarily married to me,” etc. Rav said, we deal with the case that he gave her a peruṭah’s worth. Rebbi Immi asked (before Rebbi): Do we not always deal with the case that he gave her a peruṭah’s worth? But so it is: “By what I shall speak for you to the government; if he did speak for her to the government for a peruṭah’s worth she is preliminarily married, otherwise she is not preliminarily married.” “By what I shall work for you as a worker; if he did work for her as a worker for a peruṭah’s worth, she is preliminarily married, otherwise she is not preliminarily married.” Rebbi Abba in the name of Rav: Only if she set aside a tetradrachma in her chest for him. With what did he effectuate the preliminary marriage? As we have stated there: “If anything is bartered instead of money, if one party entered in possession, the other is obligated for its trade-in.”

Rav Sheshet objected: Does not the Mishnah disagree? “You married me preliminarily but he says, I did not marry you preliminarily; he is permitted her relatives but she is forbidden his relatives.” They said, so did it happen: Simeon bar Abba brought a bill of divorce and delivered it in front of one witness. The case came before Rebbi Joḥanan, who said, a single witness in marital matters is nothing. Did not Rebbi Ḥiyya bar Assi in the name of Assi say: a single witness in marital matters is nothing? Rav said, one who performs a preliminary marriage in front of a single witness did not do anything. Samuel said, he who performs a preliminary marriage without prior negotiation is whipped, but the preliminary marriage holds. Mar Uqba in the name of Samuel said three things: He who performs a preliminary marriage without prior negotiation is whipped; one who sleeps with his betrothed in his father-in-law’s house is whipped; one who insults the court bailiff is whipped.

There, we have stated: “ ‘Until before Passover’, Rebbi Meïr says, until it comes, Rebbi Yose says, until it passed.” Rebbi Jeremiah asked before Rebbi Ze‘ira: The opinion of Rebbi Meïr seems inverted; the opinion of Rebbi Yose seems to be inverted. The opinion of Rebbi Yose seems inverted: There, he says “until all the elder possibilities are exhausted, until all the younger possibilities are exhausted,” and here, he says so? He said to him: Since Ben Azai and Ben Zoma died, the perseverers disappeared; no perseverer was there until Jeremiah appeared. Rebbi Abba, son of Rebbi Ḥiyya bar Abba, said, why does he needle him? Did not great mountains find this difficult, did not Rebbi Eleazar already ask before Rebbi Joḥanan, does not the opinion of Rebbi Meïr seem to be inverted? He said to him, it is not inverted, the Mishnah is inverted, for in the House of Rebbi they stated: “ ‘Until before Passover’, Rebbi Meïr says, until it passed, Rebbi Yose says, until it comes.” He said: We ask “until before”, and you say so? He said to him, this is a Nabatean expression, “much before Passover”. Rebbi Abin said, everybody agrees that he is permitted on Passover. Where do they disagree? The day before Passover. One of them says, until it passed, the other until it comes.

There, we have stated: “ ‘Until before Passover’, Rebbi Meïr says, until it comes, Rebbi Yose says, until it passed.” Rebbi Jeremiah asked before Rebbi Ze‘ira: The opinion of Rebbi Meïr seems inverted; the opinion of Rebbi Yose seems to be inverted. The opinion of Rebbi Yose seems inverted: There, he says “until all the elder possibilities are exhausted, until all the younger possibilities are exhausted,” and here, he says so? He said to him: Since Ben Azai and Ben Zoma died, the perseverers disappeared; no perseverer was there until Jeremiah appeared. Rebbi Abba, son of Rebbi Ḥiyya bar Abba, said, why does he needle him? Did not great mountains find this difficult, did not Rebbi Eleazar already ask before Rebbi Joḥanan, does not the opinion of Rebbi Meïr seem to be inverted? He said to him, it is not inverted, the Mishnah is inverted, for in the House of Rebbi they stated: “ ‘Until before Passover’, Rebbi Meïr says, until it passed, Rebbi Yose says, until it comes.” He said: We ask “until before”, and you say so? He said to him, this is a Nabatean expression, “much before Passover”. Rebbi Abin said, everybody agrees that he is permitted on Passover. Where do they disagree? The day before Passover. One of them says, until it passed, the other until it comes.

One understands “the daughter of an Israel to a bastard or a Gibeonite,” for it is written: “A bastard shall not come into the Eternal’s congregation.” Why does the verse say: “of his shall not come”? To disqualify. Rebbi Abbu said, what means ממזר? “A strange defect.” This disagrees with what Rebbi Jehudah ben Pazi said, “God installs singles as heads of families,” even if there is a male bastard at one end of the world and a female bastard at the other, the Holy One, praise to Him, brings them and copulates them with one another. Rav Huna said, a bastard does not live more than thirty days. In the days of Rebbi Berekhiah, a Babylonian immigrated here; he was informed that this was a bastard. He said to him, support me. He told him, tomorrow you will stand up in the community and I shall look for an allowance for you. He came and sat during the sermon. When he finished the sermon, he said, our brothers, support this man for he is a bastard. After the congegration had left, he said to him, rabbi, I requested material support from you but you destroyed this man’s life. He answered, by your life, life I gave you for Rebbi Abba, Rav Huna, said in the name of Rav: A bastard lives only thirty days. When? If he is not publicly known. But when he is publicly known, he survives.

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 he is not publicly known. Therefore, if he is publicly known, he lives.

It was stated: “If a Gentile or a slave had intercourse with a Jewish woman, the child is a bastard; Rebbi Simeon ben Jehudah says in the name of Rebbi Simeon, the child is not a bastard, for a bastard is only from a woman forbidden to him by an incest prohibition for which the penalty is extirpation.” Both of them explained the same verse, “nobody may take his father’s wife, etc.” Rebbi Meïr explains: Since his father’s wife is special in that he cannot have preliminary marriage with her, but she could have preliminary marriage with others, and the child is a bastard, so in all cases in which she cannot have preliminary marriage with him, the child is a bastard. Rebbi Simeon ben Jehudah explains: Since his father’s wife is special in that she cannot have preliminary marriage with him, but she could have preliminary marriage with others, and the child is a bastard; this excludes the Gentile and the slave who cannot contract preliminary marriage with her or with others. Rebbi Samuel bar Abba questions that first Tanna: The sister-in-law who whored cannot have preliminary marriage with him or with others, but the child is qualified! Rebbi Yannai in the name of Rebbi: If a Gentile or a slave had intercourse with a Jewish woman, the child is a bastard. Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba, Rebbi Joshua ben Levi, in the name of Rebbi (Yannai ben) Rebbi: The child is neither qualified nor disqualified but dirtied. Rebbi Jonathan went with Rebbi Jehudah Neśia to the hot springs of Gadara. There, he instructed: The child is qualified. Rebbi Ze‘ira said, this child improves as time goes by. Rebbi declared the child dirtied, his grandson declared him qualified. Rebbi Abba bar Zavda instructed in the name of all rabbis: The child is qualified. Rebbi Bevai said before Rebbi Ze‘ira in the name of Rebbi Ḥanina: The child is qualified. Rebbi Ze‘ira said, if it is from that, one does not learn from a declaration. Rebbi Ḥizqiah said, I know the story from beginning to end. Rebbi Ḥama bar Ḥanina went up to the hot springs of Gadara. He visited his father who said to him: Be careful, because there are those who are disqualified, lest you injure them.

It was stated: “If a Gentile or a slave had intercourse with a Jewish woman, the child is a bastard; Rebbi Simeon ben Jehudah says in the name of Rebbi Simeon, the child is not a bastard, for a bastard is only from a woman forbidden to him by an incest prohibition for which the penalty is extirpation.” Both of them explained the same verse, “nobody may take his father’s wife, etc.” Rebbi Meïr explains: Since his father’s wife is special in that he cannot have preliminary marriage with her, but she could have preliminary marriage with others, and the child is a bastard, so in all cases in which she cannot have preliminary marriage with him, the child is a bastard. Rebbi Simeon ben Jehudah explains: Since his father’s wife is special in that she cannot have preliminary marriage with him, but she could have preliminary marriage with others, and the child is a bastard; this excludes the Gentile and the slave who cannot contract preliminary marriage with her or with others. Rebbi Samuel bar Abba questions that first Tanna: The sister-in-law who whored cannot have preliminary marriage with him or with others, but the child is qualified! Rebbi Yannai in the name of Rebbi: If a Gentile or a slave had intercourse with a Jewish woman, the child is a bastard. Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba, Rebbi Joshua ben Levi, in the name of Rebbi (Yannai ben) Rebbi: The child is neither qualified nor disqualified but dirtied. Rebbi Jonathan went with Rebbi Jehudah Neśia to the hot springs of Gadara. There, he instructed: The child is qualified. Rebbi Ze‘ira said, this child improves as time goes by. Rebbi declared the child dirtied, his grandson declared him qualified. Rebbi Abba bar Zavda instructed in the name of all rabbis: The child is qualified. Rebbi Bevai said before Rebbi Ze‘ira in the name of Rebbi Ḥanina: The child is qualified. Rebbi Ze‘ira said, if it is from that, one does not learn from a declaration. Rebbi Ḥizqiah said, I know the story from beginning to end. Rebbi Ḥama bar Ḥanina went up to the hot springs of Gadara. He visited his father who said to him: Be careful, because there are those who are disqualified, lest you injure them.

It was stated: “If a Gentile or a slave had intercourse with a Jewish woman, the child is a bastard; Rebbi Simeon ben Jehudah says in the name of Rebbi Simeon, the child is not a bastard, for a bastard is only from a woman forbidden to him by an incest prohibition for which the penalty is extirpation.” Both of them explained the same verse, “nobody may take his father’s wife, etc.” Rebbi Meïr explains: Since his father’s wife is special in that he cannot have preliminary marriage with her, but she could have preliminary marriage with others, and the child is a bastard, so in all cases in which she cannot have preliminary marriage with him, the child is a bastard. Rebbi Simeon ben Jehudah explains: Since his father’s wife is special in that she cannot have preliminary marriage with him, but she could have preliminary marriage with others, and the child is a bastard; this excludes the Gentile and the slave who cannot contract preliminary marriage with her or with others. Rebbi Samuel bar Abba questions that first Tanna: The sister-in-law who whored cannot have preliminary marriage with him or with others, but the child is qualified! Rebbi Yannai in the name of Rebbi: If a Gentile or a slave had intercourse with a Jewish woman, the child is a bastard. Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba, Rebbi Joshua ben Levi, in the name of Rebbi (Yannai ben) Rebbi: The child is neither qualified nor disqualified but dirtied. Rebbi Jonathan went with Rebbi Jehudah Neśia to the hot springs of Gadara. There, he instructed: The child is qualified. Rebbi Ze‘ira said, this child improves as time goes by. Rebbi declared the child dirtied, his grandson declared him qualified. Rebbi Abba bar Zavda instructed in the name of all rabbis: The child is qualified. Rebbi Bevai said before Rebbi Ze‘ira in the name of Rebbi Ḥanina: The child is qualified. Rebbi Ze‘ira said, if it is from that, one does not learn from a declaration. Rebbi Ḥizqiah said, I know the story from beginning to end. Rebbi Ḥama bar Ḥanina went up to the hot springs of Gadara. He visited his father who said to him: Be careful, because there are those who are disqualified, lest you injure them.

Rebbi Ḥiyya bar Abba went to Tyre. When he came before Rebbi Joḥanan, he asked him, what case did you handle? He said to him, a proselyte who had been circumcised but had not immersed himself. He asked him, why did you not injure him? Rebbi Joshua ben Levi told him, leave him alone, he acted correctly not to injure him. The argument of Rebbi Joshua ben Levi seems inverted. There, Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba, Rebbi Joshua ben Levi, in the name of Rebbi Gamliel ben Rebbi: The child is neither qualified nor disqualified but dirtied. And here, he says so? Did we not state: If a proselyte was circumcised but not immersed, immersed but not circumcised, everything depends on circumcision, the words of Rebbi Eliezer. Rebbi Joshua says, immersion also is necessary. But Rebbi Joshua ben Levi follows what Bar Qappara stated, as Bar Qappara stated: A proselyte who was circumcised but not immersed is qualified since there is no proselyte who did not immerse himself for his emission of semen. Is that not difficult? The cleansing from a minor impurity is counted for him for a major impurity? Rebbi Yose ben Abun said, since either one is for the holiness of Israel, it is counted for him.

Rebbi Ḥiyya bar Abba went to Tyre. When he came before Rebbi Joḥanan, he asked him, what case did you handle? He said to him, a proselyte who had been circumcised but had not immersed himself. He asked him, why did you not injure him? Rebbi Joshua ben Levi told him, leave him alone, he acted correctly not to injure him. The argument of Rebbi Joshua ben Levi seems inverted. There, Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba, Rebbi Joshua ben Levi, in the name of Rebbi Gamliel ben Rebbi: The child is neither qualified nor disqualified but dirtied. And here, he says so? Did we not state: If a proselyte was circumcised but not immersed, immersed but not circumcised, everything depends on circumcision, the words of Rebbi Eliezer. Rebbi Joshua says, immersion also is necessary. But Rebbi Joshua ben Levi follows what Bar Qappara stated, as Bar Qappara stated: A proselyte who was circumcised but not immersed is qualified since there is no proselyte who did not immerse himself for his emission of semen. Is that not difficult? The cleansing from a minor impurity is counted for him for a major impurity? Rebbi Yose ben Abun said, since either one is for the holiness of Israel, it is counted for him.

It is written: “The King said, I shall give.” “The King took the two sons of Riṣpah bat Ayah whom she had born to Saul, Admoni and Mephiboshet,” etc. “Michal, Saul’s daughter, did not have a child until the day of her death,” and you say so? Say now that they were sons of Merab but Michal raised them, so they were named after her. “He gave them into the hand of the Gibeonites who hanged them on the mountain before the Eternal; all seven fell together.” Defective without י. That refers to Mephiboshet ben Jonathan ben Saul, who was great in the Torah and David intended to save him from their hand. David said, I let them pass by the altar and anyone received by the altar will be mine. He let each pass by the altar, prayed for him, and the altar moved and received him. This is what is written: “I shall call to the Most High God, to the Power Who has the ultimate decision about me!” For the Holy One, praise to Him, agreed with David. “ They were killed on the first days of harvest;” it is written “the barley harvest.” “Riṣpah bat Ayah took a sack and laid it out on the rock.” What means: “On the rock”? Rebbi Hoshaia said, she was reciting: “The rock, perfect is His action.” Rebbi Abba bar Zamina in the name of Rebbi Hoshaia: Sanctification of the Name is greater than desecration of the Name. Referring to desecration of the Name it is written: “Do not leave his corpse on the gallows overnight.” But referring to sanctification of the Name it is written: “From the start of harvest until water was poured on them.” This teaches that they were hanging from the sixteenth of Nisan to the seventeenth of Marḥeshwan. The passers-by were saying: How did these people sin that the rules of justice were changed for them? They were answered: Because these had attacked attached proselytes. They would say that even for those who did not convert for the sake of Heaven, the Eternal avenged their blood; if one would convert for the sake of Heaven not so much more? There is no Power like your God and no people like your people. Many converts were converted at that time; that is what is written: “Solomon counted all proselytes and appointed from them 70’000 carriers and 80’000 hewers of stone in the mountains.”

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, for he would not live. Rebbi Eliezer parallels 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 eliminate 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. “Also He is wise and brings evil;” could one better understand “also He is wise and 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, He overcomes the house of evildoers and accomplices of workers of iniquity.” 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.

MISHNAH: What is a silenced one? Anyone who knows his mother but not his father. But a foundling is one collected from the public domain who knows neither his father nor his mother. Abba Shaul called the silenced one “investigated one”.

Rebbi Abba in the name of Rav Ḥisda: Three are trustworthy immediately: a midwife, a caravan, and the one who purifies her colleagues. A midwife: “The midwife took and wound a red string [around his hand] to indicate that this one was born first.” A caravan, as Rebbi Abba, the brother of Rebbi Jehudah bar Zavdi said in the name of Rav: As long as a baby lies in the public domain, either its father or its mother can testify about him. Once it was collected from the public domain, one needs two witnesses; its father and mother are like two witnesses. The one who purifies her colleagues, as we have stated there: “Three women sleep on one bed. If blood was found under one of them, all three are impure. If one of them checked herself out and found herself impure, she is impure and the other two are pure.” Rebbi Abba said, only within 24 hours.

Rebbi Abba in the name of Rav Ḥisda: Three are trustworthy immediately: a midwife, a caravan, and the one who purifies her colleagues. A midwife: “The midwife took and wound a red string [around his hand] to indicate that this one was born first.” A caravan, as Rebbi Abba, the brother of Rebbi Jehudah bar Zavdi said in the name of Rav: As long as a baby lies in the public domain, either its father or its mother can testify about him. Once it was collected from the public domain, one needs two witnesses; its father and mother are like two witnesses. The one who purifies her colleagues, as we have stated there: “Three women sleep on one bed. If blood was found under one of them, all three are impure. If one of them checked herself out and found herself impure, she is impure and the other two are pure.” Rebbi Abba said, only within 24 hours.

Rebbi Abba in the name of Rav Ḥisda: Three are trustworthy immediately: a midwife, a caravan, and the one who purifies her colleagues. A midwife: “The midwife took and wound a red string [around his hand] to indicate that this one was born first.” A caravan, as Rebbi Abba, the brother of Rebbi Jehudah bar Zavdi said in the name of Rav: As long as a baby lies in the public domain, either its father or its mother can testify about him. Once it was collected from the public domain, one needs two witnesses; its father and mother are like two witnesses. The one who purifies her colleagues, as we have stated there: “Three women sleep on one bed. If blood was found under one of them, all three are impure. If one of them checked herself out and found herself impure, she is impure and the other two are pure.” Rebbi Abba said, only within 24 hours.

Rebbi Yose, Rebbi Yasa in the name of Rebbi Joḥanan; Rebbi Jonah, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Practice follows Rebbi Yose. Ḥanin bar Abba in the name of Rav: Practice follows Rebbi Yose, but Cohanim are used to follow Rebbi Eliezer ben Jacob. A Cohen married the daughter of proselytes. The case came before Rebbi Abbahu who let him kneel before the low bench. Rebbi Bevai said to him, did the Rabbi not teach us that practice follows Rebbi Yose? He answered, but are not Cohanim used to follow Rebbi Eliezer ben Jacob? He retorted, Rebbi, does one whip because of what one is used to do? He said to him, if you look at it in such a way, you have appeased me and I shall let him get up. After he got up, he said to him, since the lash was withdrawn I am permitted to have her.

HALAKHAH: “If somebody empowered his agent,” etc. It was stated: “If a man and a woman come from overseas; he says, she is my wife, and she says, he is my husband. One will not execute anybody because of her being a married woman. If they become generally known, one will execute because of her being a married woman.” How long does it take to be generally known? Rebbi Jonah, Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Up to thirty days. There, we have stated: “A toddler who is found near cake-dough with a piece of dough in his hand, Rebbi Meïr declares pure but the Sages declare it impure, for toddlers will slap their hands on cake-dough.” Does one burn because of general knowledge? Rebbi Yose in the name of Rebbi Ze‘ira: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan said, one executes because of general knowledge. Rebbi Simeon ben Laqish said, one does not execute because of general knowledge. Rebbi Yose ben Rebbi Abun in the name of Rebbi Ze‘ira: Everybody agrees that one executes because of general knowledge. Where do they disagree? About burning. Rebbi Joḥanan said, one executes because of general knowledge but one does not burn because of general knowledge. Rebbi Simeon ben Laqish said, since one executes because of general knowledge, one also burns because of general knowledge. And from where that one executes because of general knowledge? Rebbi Samuel, the son of Rebbi Yose ben Rebbi Abun said, it is written: “He who hits his father or his mother shall be put to death.” But is it certain that this one is his father? Is it not only general knowledge that he is his father? But it says, one executes. So here also one executes.

MISHNAH: One man should not be alone with two women but one woman may be alone with two men. Rebbi Simeon says, he may be alone with two women as long as his wife is with him; he can sleep with them in a hostelry because his wife will watch over him. A man can be alone with his mother or his daughter and sleep with them with their skins touching; once they grew up each one sleeps in his garment. And a bachelor shall not be a school teacher; a woman shall not be a school teacher. Rebbi Eliezer says, also a man without a wife shall not be a school teacher. Rebbi Jehudah says, a bachelor shall not be a shepherd and two bachelors shall not sleep under one cover, but the Sages permit. Anybody whose occupation is with women should never be alone with women. And a man should not teach his son a craft for women. Rebbi Meïr says that a man should try to teach his son a clean and easy trade and pray to Him to Whom riches and properties belong since there is no trade in which poverty and riches are not found, for neither poverty nor riches come from the trade. Rebbi Simeon ben Eleazar says, did you ever see a wild animal or a bird which had a trade? And they sustain themselves without pain. But they were created only to serve me and sustain themselves without pain, and I was created to serve my Maker, it should be logical that I should be able to sustain myself without pain; only I worsened my deeds and destroyed my sustenance. Abba Gorion from Sidon says in the name of Abba Shaul: A man should not teach his son to be a donkey driver, a camel driver, a hairdresser, a sailor, a potter, a shepherd, or a grocer, since their occupations are those of robbers. Rebbi Jehudah says in the latter’s name: Most donkey drivers are wicked, most camel drivers are in order, most sailors are pious; the best of physicians goes to hell, the qualified among the butchers is an associate of Amaleq.

MISHNAH: One man should not be alone with two women but one woman may be alone with two men. Rebbi Simeon says, he may be alone with two women as long as his wife is with him; he can sleep with them in a hostelry because his wife will watch over him. A man can be alone with his mother or his daughter and sleep with them with their skins touching; once they grew up each one sleeps in his garment. And a bachelor shall not be a school teacher; a woman shall not be a school teacher. Rebbi Eliezer says, also a man without a wife shall not be a school teacher. Rebbi Jehudah says, a bachelor shall not be a shepherd and two bachelors shall not sleep under one cover, but the Sages permit. Anybody whose occupation is with women should never be alone with women. And a man should not teach his son a craft for women. Rebbi Meïr says that a man should try to teach his son a clean and easy trade and pray to Him to Whom riches and properties belong since there is no trade in which poverty and riches are not found, for neither poverty nor riches come from the trade. Rebbi Simeon ben Eleazar says, did you ever see a wild animal or a bird which had a trade? And they sustain themselves without pain. But they were created only to serve me and sustain themselves without pain, and I was created to serve my Maker, it should be logical that I should be able to sustain myself without pain; only I worsened my deeds and destroyed my sustenance. Abba Gorion from Sidon says in the name of Abba Shaul: A man should not teach his son to be a donkey driver, a camel driver, a hairdresser, a sailor, a potter, a shepherd, or a grocer, since their occupations are those of robbers. Rebbi Jehudah says in the latter’s name: Most donkey drivers are wicked, most camel drivers are in order, most sailors are pious; the best of physicians goes to hell, the qualified among the butchers is an associate of Amaleq.

HALAKHAH: “One man should not be alone with two women,” etc. Rebbi Abun said, when has this been said? With decent men. But with profligates she should not be alone even with a hundred men. It was stated: A one day old child who died is for his father, his mother, and all his relatives like one fully grown. Not only if he died when one day old but even if he was alive when his head and most of his body were born. He is carried out at the bosom and buried by one woman and two men; Abba Shaul says even one man and two women. It is obvious that Rebbi Simeon will agree with Abba Shaul but Abba Shaul does not need to agree with Rebbi Simeon since there is no sexual desire in the cemetery.