abbahu

Rebbi Yasa in the name of Rebbi Mana bar Tanḥum, Rebbi Abbahu in the name of Rebbi Joḥanan: Real estate cannot be bought for less than a peruṭah. What is the reason? “Fields will be bought by money.” This disagrees with what Rebbi Ḥanina said: All šeqalim mentioned in the Torah are tetradrachmas, in the Prophets pounds, and in the Hagiographs centenarii, except for the šeqalim paid to Ephron. What is the reason? “For full money he shall give it to me.” There is no comparison since here it is written “money” but there “šeqalim”. They objected, is there not the rapist, for whom “money” is written and you say “šeqalim”.

Commandments which the son is obligated to fulfill towards his father. What is fear? He may not sit in his place and may not speak in his stead nor contradict his words. What is honor? He feeds and gives him to drink, clothes him, covers him, and puts on his shoes, leads him out and in. From whose money? Huna bar Ḥiyya said, from the old man’s. Some want to say, from his own. Did not Rebbi Abbahu say in the name of Rebbi Yose bar Ḥanina: From where do we know that even if his father tells him to throw the wallet into the sea that he should obey him? That is, if he has another one and if it helps to quiet his father’s spirit. Both men and women. Only the man has the power in his hand, but the woman does not have the power in her own hand because others have disposition over her. If she is widowed or divorced, the power is in her own hand.

Ben Azai preached: “A dead fly will permanently spoil perfumer’s oil.” Does not one dead fly spoil perfumer’s oil? And this person by one sin spoiled all merits he had. Rebbi Aqiba preached: “ So the abyss opened wide and its mouth swallowed the one without law.” It does not say “without laws”, but “without law”, him who has not a single merit that should help him on the scale of merit. That is, for the Future World. But in this world, even if 999 angels plead for his conviction and one angel pleads for his acquittal, the Holy One, praise to Him, lends His weight to the scale of merit. What is the reason? “If there is for him one angel out of a thousand, to tell a man his straightness. He will act with him in grace and say, let him be redeemed, not go down to destruction; I found weregilt.” Rebbi Joḥanan said, if you find a saying of Rebbi Eliezer, son of Rebbi Yose the Galilean, bend your ear like this funnel and listen, since Rebbi Joḥanan reported that Rebbi Eliezer, the son of Rebbi Yose the Galilean, said: Even if 999 angles plead for his conviction and one angel pleads for his acquittal, the Holy One, praise to Him, lends His weight to the scale of merit. Not only this entire angel, but if 999 aspects of that angel plead for conviction and one aspect for acquittal, the Holy One, praise to Him, lends His weight to the scale of merit. What is the reason? It does not say, “if there is for him one angel of a thousand,” but “one out of a thousand”, one aspect out of a thousand aspects of that angel. What is written afterwards? “He will act with him in grace and say, let him be hurt, not go down to destruction; I found weregilt.” “Let him be hurt,” by suffering. “I found weregilt,” he found means to redeem himself. That is, in this world. But in the Future World, if he has a majority of merits, he inherits paradise; a majority of sins, he inherits hell. If he was 50–50. Rebbi Yose ben Ḥanina said, “he carries his iniquity.” Rebbi Abbahu said, it is written: “He carries.” What does the Holy One, praise to Him, do? He grabs one of his demerits, and the merits decide. Rebbi Eleazar said: “You, Eternal, are acting in grace, for You will complete for everybody according to his deeds.” And if he has none, You will give him from Yours. That is Rebbi Eleazar’s opinion, for Rebbi Eleazar said, “You, Eternal, are acting in grace,” this teaches that He turns to the aspect of grace.

Rebbi Zeïra said, but only if the person does not revert. What is the reason? It does not say “The triple thread will never snap” but rather “The triple thread will not quickly snap.” If you work on it, it will split. Rebbi Ḥuna said in the name of Rebbi Abbahu: There is no forgetting before the Holy One, praise to Him, but for Israel He becomes forgetful. What is the reason? It is written “He forgets sin.” And so David says: “You forgot Your people’s sin, You covered up all their misdeeds, Selah.”

Rebbi Abbahu in the name of Rebbi Joḥanan: The baraita if he said to her, by the deposit you are holding for me. But if he said, by everything which I deposited with you, she is not preliminarily married unless all of it is available. What is the difference between this and a loan? A loan was given to be spent; this was not given to be spent. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah.” Then even if a peruṭah’ s worth was left, she should not be preliminarily married unless all of them were available! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Abun said, were we not of the opinion to say, who is the Tanna of Wawim? Rebbi Jehudah. Rebbi Joḥanan said: The words of Rebbi Jehudah imply comprehensive one sacrifice, in detail three sacrifices. Just as he says there, comprehensive one sacrifice, in detail three sacrifices, so he says here, comprehensive one preliminary marriage, in detail three preliminary marriages.

“Be preliminarily married to me by this tetradrachma,” and she said, “throw it into the sea or the river,” she is not married. “Give it to a poor person,” she is married. In either case nothing came into her hand; in one case you say, she is married; in the other case you say, she is not married! Rebbi Abbahu said in the name of Rebbi Joḥanan: She wants to be married and be seen as benefiting the poor. Rebbi Phineas said, this can be interpreted either following Rebbi Ze‘ira or Rebbi Ila.

“With Second Tithe.” Rebbi Abbahu in the name of Rebbi Joḥanan: He did not intend to transgress the words of the Torah. Rebbi Ze‘ira said, in one case he did not intend, in one case she did not intend. Rebbi Jonah said, the sanctified he did not intend, Second Tithe she did not intend. Rebbi Abin said, the sanctified neither he nor she did intend; Second tithe he did intend but she did not.

Rebbi Abbahu in the name of Rebbi Joḥanan: “This animal shall be an elevation sacrifice after thirty days.” If he sold it within the thirty days, it is sold; its dedication sanctifies. If he bought it back within the thirty days, the dedication as elevation sacrifice applies to it. After thirty days, the dedication as elevation sacrifice no longer applies. But an elevation sacrifice cannot be compared to a woman! Could an elevation sacrifice be compared to a woman? Rebbi Ḥiyya bar Ada said, explain it that the second man died but he had a brother. Since she is a candidate for levirate, the preliminary marriage of the first cannot be valid. Could an elevation sacrifice be compared to a woman? Rebbi Mattania said, explain it that he dedicated an animal with a permanent defect. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: There you say, my promise to Heaven is like my delivery to a private person, and here, you say so? He answered him: there, immediately, but here if he says, after thirty days.

Rebbi Abbahu in the name of Rebbi Joḥanan: “This shall be an elevation sacrifice for thirty days,” it is an elevation sacrifice for thirty days; after thirty days it automatically becomes profane. What is its status regarding larceny? Rebbi Joḥanan said, the larceny is clear. Rebbi Ze‘ira, Rebbi Hila both say, the larceny is in doubt. “You are preliminarily married to me for thirty days,” she is preliminarily married. What is the difference between dedication and woman? We find that a dedication can be eliminated without redemption but we do not find that a woman could leave without a divorce document. Where do we find that a dedication can be eliminated without redemption? Following Rebbi Simeon, since Rebbi Simeon says, “they enter without paying.” Rebbi Yose ben Rebbi Abun said, explain it according to everybody regarding a bought field. “This is your bill of divorce for thirty days”: it is no bill of divorce. Rebbi Isaac ben R. Eleazar said, when do you say that she is preliminarily married? If he effectuated the preliminary marriage by money. But if he effectuated the preliminary marriage by a document, since marriage documents were inferred from divorce documents and in the case of a divorce she is not divorced, so in the case of a preliminary marriage she is not preliminarily married.

Rebbi Abbahu in the name of Rebbi Joḥanan: “This animal shall be an elevation sacrifice after thirty days;” if he sold it during the thirty days, it is not sold; its dedication does not sanctify. For which purpose did he say: “after thirty”? To reserve for himself shearing and work. “Pick from this field that it should be acquired by you after thirty days;” if he sold it within thirty days it is not sold, if he dedicated it it is not sanctified. Why did he say, after thirty days? To reserve usufruct for himself. “Here you have this tetradrachma that your field should be mine after thirty days,” if he sold it within thirty days it is not sold, if he dedicated it it is not sanctified. What is the difference between this and a woman? But if he sold it, it is sold.

“From today and after 30 days.” Rebbi Abbahu in the name of Rebbi Joḥanan: Even preliminary marriages of a hundred men apply to her. Rebbi Eleazar said, it was necessary [to state], even if the second preliminarily married her absolutely. Rebbi Isaac bar Tebele asked before Rebbi Eleazar: As you take it; what the first acquired, he acquired; the remainder the second finished. He answered, is this kind of argument applicable to incest prohibitions? How is that? To any woman who is not acquired by one man only, even preliminary marriages of a hundred men apply.

Rebbi Abbahu in the name of Rebbi Joḥanan: The following is the contract text: “I, X son of Y, contract a preliminary marriage with you, Z, daughter of U, on condition that I give you property A and definitively marry you by day B. If that day should pass without me having taken you in, I shall have no claim on you.” If anything intervened beyond his control? Rebbi Joḥanan said, matters beyond his control are as if he were inactive. Rebbi Simeon ben Laqish said, matters outside his control are as if he had acted. In the opinion of Rebbi Simeon ben Laqish, what would be necessary? “If that day should pass without you having taken me in, I shall have no claim on you.” When Rebbi Joḥanan was dying, he told his daughters to act following Rebbi Simeon ben Laqish. He said, sometime in the future there might be a court which follows him; then his descendants might be in danger of bastardy.

If the appointed time has arrived and he says, I gave, but she says, I did not receive: Rebbi Abun said, since he tries to wrest the contract from the woman’s hand, the burden of proof is on him. Think of it, maybe there was no contract? Rebbi Yose said, since he tries to forbid her to anybody, he has to prove that they entered into the contract. A case came before Rebbi Abbahu; he said to him, go and deliver. He answered, Rabbi, I did not acquire a wife and you say to me, go and deliver! Rebbi Abbahu said, it never happened to me that one got the better of me except this one. He rephrased and said: If he changed his mind, he shall deliver. If she changed her mind, she shall deliver. Is that not his former judgment? He rephrased to give it the status of a court document.

If the appointed time has arrived and he says, I gave, but she says, I did not receive: Rebbi Abun said, since he tries to wrest the contract from the woman’s hand, the burden of proof is on him. Think of it, maybe there was no contract? Rebbi Yose said, since he tries to forbid her to anybody, he has to prove that they entered into the contract. A case came before Rebbi Abbahu; he said to him, go and deliver. He answered, Rabbi, I did not acquire a wife and you say to me, go and deliver! Rebbi Abbahu said, it never happened to me that one got the better of me except this one. He rephrased and said: If he changed his mind, he shall deliver. If she changed her mind, she shall deliver. Is that not his former judgment? He rephrased to give it the status of a court document.

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.

Rebbi Jehudah bar Sisin, Rebbi Jehudah bar Pazy in the name of Rebbi Aḥa. They formulated the symphōn according to Rebbi Meïr. Rebbi Ḥananiah, the colleague of the rabbis, asked: Why does it have to follow Rebbi Meïr but not also the rabbis? Did not Rebbi Abbahu say in the name of Rebbi Joḥanan: The following is the contract text: “I, X son of Y, contract a preliminary marriage with you, Z, daughter of U, on condition that I shall give you property A and definitively marry you by day B. If that day should pass without me having taken you in, I shall have no claim on you.” Why can he not say “on condition” but not double his stipulation? If he did not double his stipulation, could this eliminate the preliminary marriage? Rebbi Yose ben Rebbi Abun said, everywhere Rebbi Meïr holds that from “no” you infer “yes”, except here? Rebbi Mattaniah said, one is more restrictive in matters of incest and adultery.

Rav Huna said that in the days of Rebbi Eleazar ben Azariah they tried to include them. Rebbi Abbahu inverts the wording: In the days of Rebbi Eleazar they said, who could purify the altar’s part? That implies that Joshua excluded them. He excluded them only as disqualified for marriage. If you would say, disqualified (because of sins) then the rapist of a Gibeonite girl should not have to pay the fine, but we have stated: The rapist of a Gibeonite girl has to pay the fine.” Rebbi Eleazar said, he cursed them as a snake, as it is said: “But now you are cursed.” And it is written: “The people of Israel said to the Ḥiwwite.” But were they Ḥiwwites? They acted like the snake which said, I know that the Holy One, praise to Him, did say “because on the day you eat from it, you will die a death.” I shall go and trick them so that they eat and will be punished and I shall inherit the earth for myself. So these people acted; they said, we know that the Holy One, praise to Him, said to Israel: “You shall certainly ban them, the Hittite, the Emorite, and the Perizite, as the Eternal, your God, has commanded you” And it is written: “You shall not conclude a covenant with them.” We shall go and trick them that they conclude a covenant with us. As you take it, if they kill us, they violate their oath. If they let us live, they violated the [divine] decision. In any case, they will be punished and we shall inherit the Land.

Rav Naḥman bar Jacob said, one accepts proselytes from Kurds and Palmyrenians. Rebbi Abbahu in the name of Rebbi Joḥanan: A Mishnah said that the proselytes from Palmyra are acceptable. There, we have stated: “All stains coming from Petra are pure.” Therefore, the proselytes from Palmyra are acceptable.

Rebbi Yasa in the name of Rebbi Joḥanan: In the future, the Holy One, praise to Him, will only deal with the tribe of Levi. What is the reason? “The refiner will sit, the purifier of silver, and will refine them,” etc. Rebbi Ze‘ira said, like a man who only drinks from a clean cup. Rebbi Hoshaia said, because we are not Levites, should we lose? Rebbi Ḥanina the son of Rebbi Abbahu said, also in the future, the Holy One, praise to Him, will deal with them charitably. What is the reason? “They will be for the Eternal presenters of an offering in charity.”

Rebbi Joḥanan said, one does not investigate a family in which a family disqualification has disappeared. Rebbi Simeon ben Laqish said, a Mishnah says so: “There was a family Bene Ṣerifa in Transjordan who were forcibly distanced by Ben Ṣion. Another [family] was there who were forcibly integrated by the people of Ṣion.” Nevertheless, the Sages did not want to make their names public. But the Sages transmit them to their sons and students two times in a Week. Rebbi Joḥanan said, by the Temple service, I know them and the leading personalities of the generation have disappeared in them. Rebbi Joshua ben Levi said, Pashḥur ben Immer had 5000 slaves, and their traces have disappeared in the high priesthood. These are the insolent in the priesthood. Rebbi Eleazar said, their main training: “Your people is like quarrelsome priests.” Rebbi Abbahu said, Samaritans disappeared in thirteen villages in the times of [persecution]. They said, עדן דמשאה is one of them.

[In the opinion of Rebbi Jehudah, may a male bastard not marry a female bastard?] Let us hear from the following, as Rebbi Immi said, Rebbi Jacob from Gebal stated before Rebbi Joḥanan, Rebbi Isaac bar Tevele in the name of Rebbi Simeon ben Laqish: Rebbi Jehudah stated that a male bastard should not marry a female bastard so that bastards should disappear from the world. Similarly, is an Ammonite man forbidden to marry an Ammonite woman? Was that needed for the rabbis? For if Rebbi Jehudah thought that this disqualified converts from any of the Eternal’s congregations, then [the Ammonite] could not marry an Ammonite woman since for her he would be of the Eternal’s congregation. He could not marry an Egyptian woman since for her he would be of the Eternal’s congregation. Rebbi Mattania said, one frees a slave girl and marries her to him. Similarly, could an Egyptian man not marry an Egyptian woman? Let us hear from the following, as Rebbi Abbahu stated before Rebbi Joḥanan: “Rebbi Jehudah said, Benjamin, an Egyptian convert, was a student of Rebbi Aqiba. He said, I am an Egyptian convert married to an Egyptian convert. My son is an Egyptian convert; I shall marry him to an Egyptian convert so that my grandson will be qualified to marry into the congregation. Rebbi Aqiba said to him, my son, it is not so. But you marry him to the daughter of an Egyptian woman convert so that there should be three generations on either side.”

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.

Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: It happened that a family in the South had a bad reputation. Rebbi sent Romanus to investigate them. He investigated and found that a grandmother had been converted at less than three years and a day of age, and he declared them fit for the priesthood. Rav Hoshaia said, he declared them fit following Rebbi Simeon. Rebbi Ze‘ira said, here it is everybody’s opinion since Rebbi Ze‘ira said in the name of Rav Ada bar Ahava, Rebbi Judan brings it in the name of Rebbi Abbahu in the name of Rebbi Joḥanan: The child of an adult is fit since it is a prohibition deduced from a positive commandment. (Lev. 21:13) “But he shall take a wife in her virginity.” Any prohibition deduced from a positive commandment is a positive commandment. Analogously, (Lev. 21:14) “only a virgin from amidst his people he shall take as wife,” not a proselyte. Is any prohibition deduced from a positive commandment a positive commandment? Rebbi Hoshaia objected: But the second generation of an Egyptian is a prohibition deduced from a positive commandment! Rebbi Hoshaia turned around and said, a positive commandment for Israel cannot be compared to a positive commandment for Cohanim. A positive commandment for Israel implies a prohibition for everybody. A positive commandment for Cohanim implies a prohibition for Cohanim but a permission for Levites and Israel.

HALAKHAH: “If somebody says, this my son is a bastard, he cannot be believed,” etc. There, we have stated: “If somebody said, this is my son, he is to be believed.” Rebbi Abbahu in the name of Rebbi Joḥanan: To give him, but not to take from him. Rebbi Yose said, is that not the Mishnah: “Even if both of them say about the fetus in her belly that he is a bastard, they cannot be believed”? Maybe it was said following Rebbi Jehudah, for Rebbi Jehudah said, they can be believed; Rebbi Abbahu in the name of Rebbi Joḥanan: To give him, but not to take from him. Rebbi Ḥizqiah said, still it is a baraita: “For he has to recognize the firstborn, the son of the hated one.” If they maintained that he was his son but at the moment of his death he said that he was not his son, he cannot be believed. That he was not his son but at the moment of his death he said that he was his son, he is believed. Some Tannaïm state on the first case that he is believed. Rebbi Ḥisqiah, Rebbi Zeriqan in the name of Rebbi Huna: If they maintained that he was from his slave girl, he is believed. If he was standing next to the customs collectors and said, he is my son, but later he said, he is my slave, he is believed. He is my slave, but later he said, he is my son, he is not believed. Some Tannaïm state, he is believed. Rebbi Mana said, because of those Samaritans who use their sons as slaves.

HALAKHAH: “If somebody says, this my son is a bastard, he cannot be believed,” etc. There, we have stated: “If somebody said, this is my son, he is to be believed.” Rebbi Abbahu in the name of Rebbi Joḥanan: To give him, but not to take from him. Rebbi Yose said, is that not the Mishnah: “Even if both of them say about the fetus in her belly that he is a bastard, they cannot be believed”? Maybe it was said following Rebbi Jehudah, for Rebbi Jehudah said, they can be believed; Rebbi Abbahu in the name of Rebbi Joḥanan: To give him, but not to take from him. Rebbi Ḥizqiah said, still it is a baraita: “For he has to recognize the firstborn, the son of the hated one.” If they maintained that he was his son but at the moment of his death he said that he was not his son, he cannot be believed. That he was not his son but at the moment of his death he said that he was his son, he is believed. Some Tannaïm state on the first case that he is believed. Rebbi Ḥisqiah, Rebbi Zeriqan in the name of Rebbi Huna: If they maintained that he was from his slave girl, he is believed. If he was standing next to the customs collectors and said, he is my son, but later he said, he is my slave, he is believed. He is my slave, but later he said, he is my son, he is not believed. Some Tannaïm state, he is believed. Rebbi Mana said, because of those Samaritans who use their sons as slaves.

It was stated: He is believed about the adult but is not believed about the young. Who is adult? Rebbi Ze‘ira said, any one who has a wife and children; Rebbi Abbahu, any one who has a wife. A baraita disagrees with Rebbi Abbahu: A proselyte who was circumcised but did not immerse himself but has children; if he said, I was circumcised but did not immerse, he is believed and one immerses him even on the Sabbath because of parsimony, the words of Rav Jehudah. What does Rebbi Abbahu do with this? He explains it, because who cares?

It was stated: He is believed about the adult but is not believed about the young. Who is adult? Rebbi Ze‘ira said, any one who has a wife and children; Rebbi Abbahu, any one who has a wife. A baraita disagrees with Rebbi Abbahu: A proselyte who was circumcised but did not immerse himself but has children; if he said, I was circumcised but did not immerse, he is believed and one immerses him even on the Sabbath because of parsimony, the words of Rav Jehudah. What does Rebbi Abbahu do with this? He explains it, because who cares?

It was stated: He is believed about the adult but is not believed about the young. Who is adult? Rebbi Ze‘ira said, any one who has a wife and children; Rebbi Abbahu, any one who has a wife. A baraita disagrees with Rebbi Abbahu: A proselyte who was circumcised but did not immerse himself but has children; if he said, I was circumcised but did not immerse, he is believed and one immerses him even on the Sabbath because of parsimony, the words of Rav Jehudah. What does Rebbi Abbahu do with this? He explains it, because who cares?

HALAKHAH: “If somebody left for overseas together with his wife,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: They considered a man and his wife as two witnesses since it is general knowledge that a woman will not be silent about another woman’s children. Rebbi Abun referred this to the later statement: “I married a wife overseas, this is she and those are her children;” Rebbi Abbahu in the name of Rebbi Joḥanan: They considered a man and his wife as two witnesses since it is general knowledge that a woman will not be silent about another woman’s children.

HALAKHAH: “If somebody left for overseas together with his wife,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: They considered a man and his wife as two witnesses since it is general knowledge that a woman will not be silent about another woman’s children. Rebbi Abun referred this to the later statement: “I married a wife overseas, this is she and those are her children;” Rebbi Abbahu in the name of Rebbi Joḥanan: They considered a man and his wife as two witnesses since it is general knowledge that a woman will not be silent about another woman’s children.

“A fence which collapsed into the public domain.” Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: This is Rebbi Meïr’s, since Rebbi Meïr said, one is liable for damage caused by inaction. This is the following: “If he was given a deadline by which to cut the tree or demolish the wall and they collapsed, if it happened within the term, he is not liable; after the term, he is liable.” How much is a term? Rebbi Hoshaia stated: 30 days.

HALAKHAH: “The bull of an Israel which gored a bull of a non-Jew,” etc. Rav said, “He saw and permitted Gentiles,” He permitted the Gentiles’ money. Ḥizqiah said, “He appeared from Mont Paran,” He appeared in front of the Gentiles; Rebbi Yose ben Ḥanina said, He made them poor. Rebbi Abbahu in the name of Rebbi Joḥanan said, following their laws. Rebbi La said, this was not said referring to this topic, but to what Rebbi Ḥiyya stated: If a Gentile’s bull gored another Gentile’s bull, even though they accepted to be judged by the laws of Israel, he is liable for full damages whether tame or notorious. On that it was said that Rebbi Abbahu said in the name of Rebbi Joḥanan, following their laws.

HALAKHAH: “The bull of an Israel which gored a bull of a non-Jew,” etc. Rav said, “He saw and permitted Gentiles,” He permitted the Gentiles’ money. Ḥizqiah said, “He appeared from Mont Paran,” He appeared in front of the Gentiles; Rebbi Yose ben Ḥanina said, He made them poor. Rebbi Abbahu in the name of Rebbi Joḥanan said, following their laws. Rebbi La said, this was not said referring to this topic, but to what Rebbi Ḥiyya stated: If a Gentile’s bull gored another Gentile’s bull, even though they accepted to be judged by the laws of Israel, he is liable for full damages whether tame or notorious. On that it was said that Rebbi Abbahu said in the name of Rebbi Joḥanan, following their laws.

HALAKHAH: “He who sets fire to a stack of sheaves,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: The Sages agree with Rebbi Jehudah about threshing tools which usually are hidden there. The argument of Rebbi Jehudah seems inverted. There he says except what is hidden, but here he says including what is hidden? But does not Rebbi Jehudah simply explain “stack”? Why was “stack” written? That he has to pay for all that is in it. The argument of the rabbis seems inverted. There they say, including what is hidden; but here they say, except what is hidden? But did not Rebbi Abbahu say in the name of Rebbi Joḥanan: The Sages agree with Rebbi Joḥanan about threshing tools which usually are hidden there? Rebbi Hoshaia said, if there are no witnesses. But if there are witnesses, everybody agrees with Rebbi (Yose) as it was stated: “If it was a stack of wheat sheaves covered with barley or a stack of barley sheaves covered with wheat, he pays for a stack of barley.” As the following: A person deposited a tied sack with another person, when something happened. This one said, it was full of dross, but the other said, it was full of raw silk. [ ] He swears and collects.

HALAKHAH: “He who sets fire to a stack of sheaves,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: The Sages agree with Rebbi Jehudah about threshing tools which usually are hidden there. The argument of Rebbi Jehudah seems inverted. There he says except what is hidden, but here he says including what is hidden? But does not Rebbi Jehudah simply explain “stack”? Why was “stack” written? That he has to pay for all that is in it. The argument of the rabbis seems inverted. There they say, including what is hidden; but here they say, except what is hidden? But did not Rebbi Abbahu say in the name of Rebbi Joḥanan: The Sages agree with Rebbi Joḥanan about threshing tools which usually are hidden there? Rebbi Hoshaia said, if there are no witnesses. But if there are witnesses, everybody agrees with Rebbi (Yose) as it was stated: “If it was a stack of wheat sheaves covered with barley or a stack of barley sheaves covered with wheat, he pays for a stack of barley.” As the following: A person deposited a tied sack with another person, when something happened. This one said, it was full of dross, but the other said, it was full of raw silk. [ ] He swears and collects.

Rebbi Abbahu asked: Why did we not state that double restitution is due if a claim of theft is made in a partnership, where quadruple or quintuple restitution does not apply?

HALAKHAH: Did not Rabbi Abbahu say in the name of Rebbi Joḥanan: If he is intentional about fat but in error about a sacrifice, he can be warned, is whipped, and brings a sacrifice. Rebbi Abun bar Ḥiyya in the name of Rebbi Samuel bar Rav Isaac: (Deut. 25:2) “Because of his guilt.” If two alternatives are presented to the court, one chooses one of them. This excludes matters in the power of Heaven.

HALAKHAH: “One who stole and slaughtered on the Sabbath,” etc. Did not Rabbi Abbahu say in the name of Rebbi Joḥanan: If he is intentional error about fat but in error about a sacrifice, he can be warned, is whipped, and brings a sacrifice. Who stated it? [Rebbi Simeon, as we have stated]: “Rebbi Simeon says, for sancta for which he is liable by a warranty he has to pay quadruple or quintuple, but if there is no warranty, he is not liable.”

HALAKHAH: “This is more severe regarding a human than an ox,” etc. “A person who hits his father or mother,” etc. It was stated: If the witnesses said, we testify that X blinded both of his eyes simultanously, or that he knocked out two of his teeth simultaneously, he does not have to pay anything. One after the other, he gains his freedom by the first and he pays him damages for the second. Rebbi Abbahu in the name of Rebbi Joḥanan: This implies that one estimates embarrassment for slaves. Rebbi La in the name of Rebbi Joḥanan: If a person dedicates his earnings, he dedicates everything. If he dedicates the earnings of his slave, he can take from there his upkeep and the remainder is dedicated. Here you say, the remainder is dedicated, but there you say, everything is holy. Rebbi Aḥa said, Jews are more obligated to support free people than slaves. But did not Rebbi Joḥanan say: If somebody cuts off the hands of somebody else’s slave, his master collects damages, suffering, medical costs, loss of earnings, and embarrassment, and that one should be supported by welfare. Rebbi Aḥa said, Jews are more obligated to support amputated slaves than unimpaired ones. But did not Rebbi Joḥanan also give to his slave when he ate meat? Give also to his slave when he drank wine? And recited for himself the verse: “Did not His maker make me in the womb”? They said, there a rule of law, here a rule of mercy.

Rebbi Abbahu stated before Rebbi Joḥanan: “You killed my ox, you cut down my fruit trees,” and the other says, I do not know, he is liable. He said to him, certainly you state that to the rabble. He answered, it is my fault, they said the following: “We testify against X that he killed ox Y” and the other says, I do not know, he is liable. [He said, that was stated.]

Rebbi Eleazar said, for I am saying that he wanted to take a loan but did not. Rebbi Eleazar said, if the debtor agreed, he should return it. Rebbi Eleazar said, if the document was generally known to be in the creditor’s hand, he should return it. But all three are broken, “the Sages say, in no case should he return them.” Rebbi Abbahu in the name of Rebbi Joḥanan: Because of conspiracy. Rebbi Yasa in the name of Rebbi Joḥanan: If its date was that very day, he should return it.

But could he not return it if the date was not of the same day? Do they disagree? But Rebbi Abbahu said* in the name of Rebbi Joḥanan: Because of conspiracy. Rebbi Joḥanan said*: If its date was that very day, he should return it.

HALAKHAH: “If somebody lease a cow from another person,” etc. But does he have permission to lend it? Did not Rebbi Ḥiyya state: “The borrower cannot lend, nor the lessee lease, nor the borrower lease, nor the lessee lend, unless he received permission from the owners.” Rebbi La said in the name of Rebbi Yannai: Only if he gave permission to lease. And here, only if he gave permission to let him be a steward. Rebbi Abbahu asked: If the owners borrowed it and it died of natural causes, should the lessee swear that it died a natural death and the borrower pay the renter? Rebbi Abinna said, if they ate it, they ate their own property. “Rebbi Yose said, how can this one treat another person’s cow as his merchandise? But [the value of] the cow shall be returned to its owner.”

HALAKHAH: “If one says to two people, I robbed,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: Here if they complain, there if they are silent. Rebbi Yasa in the name of Rebbi Joḥanan: Here, if witnesses know; there, if no witnesses know. Rav Jeremiah in the name of Rav: Here if he swore; there if he did not swear. There, they say in the name of Rav: Here if he swore; there if he did not swear. Rebbi Jeremiah wanted to say, he should have kept silent and not confessed. Rebbi Yasa wanted to say, he should have kept silent and not have sworn. Rebbi Joḥanan said, if he swore, he should have appointed an officer of the court. Rebbi Joḥanan seems to say, an officer of the court determined that one was a robber, not a court which determined that one was robbed. Other Tannaїm stated, a court which determined that one was robbed, [as it was stated, Rebbi Simeon ben Eleazar said, a court which determined that one was robbed,] not a court which determined that one was a robber. Rebbi Ila said, we also have stated that the rules are identical for robbery, intercourse, and loan. Everbody agrees about the deposit mentioned in the Mishnah, from the following: “If he said to two people, I robbed a mina from one of you but I do not know which one of you it was.”

HALAKHAH: If somebody deposits produce with another person,” etc. Rebbi Abbahu said, if you would say that he should not touch them even if they are going to spoil, he will invent situations. Rebbi Abba bar Jacob in the name of Rebbi Joḥanan, Rebbi Abbahu in the name of Rebbi Joḥanan: Practice follows Rabban Simeon ben Gamliel. For example, Rebbi Joḥanan from Ḥaqoq deposited with the Elder Rebbi Ḥiyya a saddle bag full of leavened material. He came to ask Rebbi, who said it should be sold under the surpervision of the court when it would have to be destroyed. A person deposited with Rabbi Ḥiyya bar Ashi an amphora full of kutaḥ. He came to ask Rav, who said it should be sold under the surpervision of the court when otherwise it would have to be destroyed.

HALAKHAH: If somebody deposits produce with another person,” etc. Rebbi Abbahu said, if you would say that he should not touch them even if they are going to spoil, he will invent situations. Rebbi Abba bar Jacob in the name of Rebbi Joḥanan, Rebbi Abbahu in the name of Rebbi Joḥanan: Practice follows Rabban Simeon ben Gamliel. For example, Rebbi Joḥanan from Ḥaqoq deposited with the Elder Rebbi Ḥiyya a saddle bag full of leavened material. He came to ask Rebbi, who said it should be sold under the surpervision of the court when it would have to be destroyed. A person deposited with Rabbi Ḥiyya bar Ashi an amphora full of kutaḥ. He came to ask Rav, who said it should be sold under the surpervision of the court when otherwise it would have to be destroyed.

Rebbi Jacob bar Idi, Rebbi Abbahu in the name of Rebbi Joḥanan: A ring does not have the status of a pledge. Nobody dealing in words onlymay one deliver to “Him Who exacted retribution”. Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan: If one promised a gift to another and wanted to renege on it, he may renege. [Rebbi Jacob bar Zavdi asked before Rebbi Abbahu: Is that “true no, true yes”?] He said, at the moment when he said it, he had to speak with full deliberation. After that, if he changes his mind, he cannot change it, that is, if [the recipient] is poor. But for a rich person, is that a vow? Rav commanded his servant: If I tell you to give a gift to a person, if he is poor, give it to him immediately. But if he is rich, take counsel with me a second time.

Rebbi Jacob bar Idi, Rebbi Abbahu in the name of Rebbi Joḥanan: A ring does not have the status of a pledge. Nobody dealing in words onlymay one deliver to “Him Who exacted retribution”. Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan: If one promised a gift to another and wanted to renege on it, he may renege. [Rebbi Jacob bar Zavdi asked before Rebbi Abbahu: Is that “true no, true yes”?] He said, at the moment when he said it, he had to speak with full deliberation. After that, if he changes his mind, he cannot change it, that is, if [the recipient] is poor. But for a rich person, is that a vow? Rav commanded his servant: If I tell you to give a gift to a person, if he is poor, give it to him immediately. But if he is rich, take counsel with me a second time.

Rebbi Jacob bar Idi, Rebbi Abbahu in the name of Rebbi Joḥanan: A ring does not have the status of a pledge. Nobody dealing in words onlymay one deliver to “Him Who exacted retribution”. Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan: If one promised a gift to another and wanted to renege on it, he may renege. [Rebbi Jacob bar Zavdi asked before Rebbi Abbahu: Is that “true no, true yes”?] He said, at the moment when he said it, he had to speak with full deliberation. After that, if he changes his mind, he cannot change it, that is, if [the recipient] is poor. But for a rich person, is that a vow? Rav commanded his servant: If I tell you to give a gift to a person, if he is poor, give it to him immediately. But if he is rich, take counsel with me a second time.

Rebbi Joḥanan gave denars to a relative of his for oil. The oil rose in price. He went and asked Rebbi Yannai who told him, by Torah standards money acquires, but why did they say it does not acquire? Lest [the seller] tell him, your wheat was burned in the storage room. Rebbi Samuel ben Sosartai in the name of Rebbi Abbahu: If [the seller] told him, your wheat was burned in the storage room, he is trustworthy. Rebbi Isaac objected: Where do we hold? If his money had acquired for him, his property would have been burned. But if his money had not acquired for him, the other’s property was burned.

If he sold him what was worth five for six; [the buyer] did not have time to ask around until it appreciated to be worth seven. Rebbi Jacob bar Idi, Rebbi Abbahu in the name of Rebbi Joḥanan: Since the sale is annulled for one, it also is annulled for the other. There, we have stated: “Four situations in sales. If he sold him high quality wheat and it turned out to be low quality, the buyer can annul the transaction. Low quality and it turned out to be high quality, the seller can annul the transaction.” [Therefore, the buyer cannot annul the transaction.] Rebbi Yose ben Rebbi Abun said, it follows this Tanna: “Nobody dealing in words only may one deliver to “Him Who exacted retribution”.

HALAKHAH: “Just as there is cheating in trade,” etc. “One may not put on make-up.” Rebbi Eudaimon the salt dealer was mollifying his spread. Jacob bar Aḥa said to him, did we not state: “one may not put on make up”? His word implies that there is make-up on food. Rebbi Ze‘ira was working with flax. He went to Rebbi Abbahu and asked him, may I make my work look good? He told him, go and apply all you know. Rebbi Abbahu was working on those shawls. He came to ask Rebbi Yose ben Ḥanina, how am I with those shawls? He told him, go and apply all you know. Rebbi Abba painted a bathtub. Rebbi Jacob from Emmaus stated: What means: “one may not put on make up”? One may not say to him, paint yourself.

HALAKHAH: “Just as there is cheating in trade,” etc. “One may not put on make-up.” Rebbi Eudaimon the salt dealer was mollifying his spread. Jacob bar Aḥa said to him, did we not state: “one may not put on make up”? His word implies that there is make-up on food. Rebbi Ze‘ira was working with flax. He went to Rebbi Abbahu and asked him, may I make my work look good? He told him, go and apply all you know. Rebbi Abbahu was working on those shawls. He came to ask Rebbi Yose ben Ḥanina, how am I with those shawls? He told him, go and apply all you know. Rebbi Abba painted a bathtub. Rebbi Jacob from Emmaus stated: What means: “one may not put on make up”? One may not say to him, paint yourself.

“He told him, deliver my wheat, for I want to sell it.” How did he acquire? Rav Naḥman bar Jacob was of the opinion that he had to deliver (to the other person) [by law. Rebbi Abbahu in the name of Rebbi Joḥanan: His money acquired for him by biblical law.]

“It was stated, Rebbi Simeon ben Eleazar says, if it happened on the road, he does not have to provide him with another donkey; if it did not happen on the road, he has to provide him with another donkey.” Rebbi Abbahu said in the name of Rebbi Yose ben Ḥanina: At a short-cut he does not have to provide him with another donkey; on the king’s highway he has to provide him with another donkey. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: If he hired it from here to Lydda and it was taken into government service from here to Lydda, he does not have to provide him with another donkey; from here to Lydda and it was taken into government service from here to Tyre, he has to provide him with another donkey.

“It was stated, Rebbi Simeon ben Eleazar says, if it happened on the road, he does not have to provide him with another donkey; if it did not happen on the road, he has to provide him with another donkey.” Rebbi Abbahu said in the name of Rebbi Yose ben Ḥanina: At a short-cut he does not have to provide him with another donkey; on the king’s highway he has to provide him with another donkey. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: If he hired it from here to Lydda and it was taken into government service from here to Lydda, he does not have to provide him with another donkey; from here to Lydda and it was taken into government service from here to Tyre, he has to provide him with another donkey.

Rebbi Joḥanan said, a person is ready to give something so that he can sell his produce based on a pledge. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina said, a person is ready to give something so that he can sell his produce to somebody who will appease him by a pledge.

HALAKHAH: “One who contracts with another for a field,” etc. “One who contracts with another for a field,” etc. How much is “enough to make a pile”? Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: that the winnowing shovel can stand upright in it. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: only that its handle be on top. Rebbi Joshua ben Levi said: in addition to his expenses. Rebbi Yose ben Ḥanina said: in addition to the expenses of both of them. Rebbi Abbahu said: “for spreading”, to recover the seed grain which was spread on it.

HALAKHAH: “One who contracts with another for a field,” etc. “One who contracts with another for a field,” etc. How much is “enough to make a pile”? Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: that the winnowing shovel can stand upright in it. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: only that its handle be on top. Rebbi Joshua ben Levi said: in addition to his expenses. Rebbi Yose ben Ḥanina said: in addition to the expenses of both of them. Rebbi Abbahu said: “for spreading”, to recover the seed grain which was spread on it.

“Rebbi Yose says, the lower one contributes the roofing and the upper one the roof covering,” etc. Rebbi Justus in the name of Rebbi Simeon ben Laqish:: The bottom dweller contributes the logs and the planks; the dweller on the upper floor contributes the roof covering. Which kind of roof covering? Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar: heavy roof covering. Rebbi Abbahu in the name of Rebbi Eleazar: medium roof covering, since they only spoke about rinsing cups. But if he wanted to wash clothing, also Rebbi Abbahu in the name of Rebbi Eleazar will agree that the roof covering has to be heavy. Rebbi Ḥanina instructed those of Sepphoris that both of them should contribute the logs and the plates since they expect to bring up there their wine and their produce.

“Rebbi Yose says, the lower one contributes the roofing and the upper one the roof covering,” etc. Rebbi Justus in the name of Rebbi Simeon ben Laqish:: The bottom dweller contributes the logs and the planks; the dweller on the upper floor contributes the roof covering. Which kind of roof covering? Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar: heavy roof covering. Rebbi Abbahu in the name of Rebbi Eleazar: medium roof covering, since they only spoke about rinsing cups. But if he wanted to wash clothing, also Rebbi Abbahu in the name of Rebbi Eleazar will agree that the roof covering has to be heavy. Rebbi Ḥanina instructed those of Sepphoris that both of them should contribute the logs and the plates since they expect to bring up there their wine and their produce.

HALAKHAH: “One distances carcasses,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: To the place where one prepares the skins. In the House of Rebbi Yannai they said, up to the place where one might smell what he makes. It was stated so: “Rebbi Aqiba says, he may build it in any direction and distances himself, except to the West because that [wind] is frequent.” Rebbi Mana went to accompany a person afflicted with a skin disease. His father told him, do not walk to the East of him but rather to the West of him.

HALAKHAH: “One distances a soaking pond,” etc. It was stated: One distances an onion bed from leeks, but Rebbi Eleazar ben Rebbi Simeon permits it. Rebbi Jacob ben Dosai said, from these teachings [it follows] that mutually they have to distance themselves one from the other. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: Because the bees’ mouth becomes sharp and they destroy the honey.

“And slaves.” Rebbi Simon the brother of Rebbi Jehudah bar Zavdi in the name of Rav: As long as a baby lies in the public domain, his father or his mother can testify about him. Once he has been collected from the public domain, one needs two witnesses and its father and mother are like two witnesses. Rebbi Abbahu said, can a person be suspected to say about one who is not his son that he is his son? Maybe it was said about the property of a convert? He told him, but all our teachers in the Diaspora testify that in this form we heard it from Rav Ada bar Abuh. Rav Ḥisda said: That is, if the baby is not moving. But [the case of] a baby which is moving refers to what Rebbi Joḥanan said: property rights on jumping calves and lambs which move from place to place cannot be proven by possession.

If one checked an amphora to continuously give heave from it. Up to three days it is certain, after that in doubt Rebbi Simon in the name of Rebbi Joshua ben Levi: The first three days it certainly is wine, the last vinegar, the middle ones are in doubt. Rebbi Abbahu said, I heard this from him. What does and says Rebbi Joḥanan? For three days it is certain, after that in doubt. Rebbi La in the name of Rebbi Eleazar, Rebbi Yasa in the name of the rabbis, who come and hear from the House of Study of Bar Iṭyan, similar to the statement of Rebbi Joshua ben Levi about an amphora. If he lost a smooth needle and then found it rusty. Rebbi Simon in the name of Rebbi Joshua ben Levi: The first three days it certainly is impure, the last pure, the middle ones are in doubt. Rebbi Abbahu said, I also heard that from him. What does and says Rebbi Joḥanan? The first three days it is certain, after that in doubt. Rebbi Ḥiyya bar Abba asked: If he came at the end of (a week) [40 days] and found it clearly to be vinegar, [did it clearly become vinegar immediately] or only from that moment in the future? Rebbi Isaac asked: If the crucial time passed at the end of forty days, did the importance of the crucial time invalidate that of forty days or did the importance of forty days invalidate that of the crucial time?

If one checked an amphora to continuously give heave from it. Up to three days it is certain, after that in doubt Rebbi Simon in the name of Rebbi Joshua ben Levi: The first three days it certainly is wine, the last vinegar, the middle ones are in doubt. Rebbi Abbahu said, I heard this from him. What does and says Rebbi Joḥanan? For three days it is certain, after that in doubt. Rebbi La in the name of Rebbi Eleazar, Rebbi Yasa in the name of the rabbis, who come and hear from the House of Study of Bar Iṭyan, similar to the statement of Rebbi Joshua ben Levi about an amphora. If he lost a smooth needle and then found it rusty. Rebbi Simon in the name of Rebbi Joshua ben Levi: The first three days it certainly is impure, the last pure, the middle ones are in doubt. Rebbi Abbahu said, I also heard that from him. What does and says Rebbi Joḥanan? The first three days it is certain, after that in doubt. Rebbi Ḥiyya bar Abba asked: If he came at the end of (a week) [40 days] and found it clearly to be vinegar, [did it clearly become vinegar immediately] or only from that moment in the future? Rebbi Isaac asked: If the crucial time passed at the end of forty days, did the importance of the crucial time invalidate that of forty days or did the importance of forty days invalidate that of the crucial time?

Rav Hamnuna the scribe asked Rebbi Ḥanina: One verse says, “its height thirty cubits,” and another verse says, “its height twenty cubits.” He had never heard this and they could not answer him anything. He asked Rebbi Jeremiah, who told him, from the ground up thirty cubits, from the inner room up twenty cubits. Rebbi Abbahu said, destroy the inner room! The inner room was standing from the ground to the beams, as it is written, “covered with cedar from the ground to the beams.” But from the ground up thirty cubits, from the Cherub up twenty cubits. Rebbi Tanḥuma said, it is an aggadic tradition that the space in the inner room not be counted. Rebbi Levi said, the space occupied by the Ark is not counted. Rebbi Levi said, and it was stated in the name of Rebbi Jehudah ben Rebbi Illai, the Ark stands in the middle and divides the room, ten cubits in every direction of the compass.

Rebbi Joshua ben Levi said: One divides for the underaged because of the adults. But if the underaged found something additional and protested? Rebbi Abbahu said, they have to swear for them. Rebbi Mana said, everywhere the burden of proof is on the claimant except in this case. The Great Rebbi Ḥiyya says, without contract brothers are co-owners up to three generations. Rebbi [Yose] bar Abun said, also Rav Hamnuna did instruct in this sense.

Rebbi Idi in the name of Rebbi Jeremiah: One has to expand two lines from an erasure. Rebbi Isaac said, even for a simple document. Rav said, an erasure or an insertion must be confirmed in writing. Rav said, “this is its confirmation”. Rebbi Abbahu in the name of Rebbi Isaac ben Haqula: Any erasure has to be given a maximal interpretation. What means, any erasure has to be given a maximal interpretation? Rebbi Yasa the fuller, son-in-law to Rebbi Yose, in the name of Rebbi Yose: “Contract” is written on top, “contract” erased below. I am saying, they decided to make it an unconditional preliminary marriage. They erased it in order not to make an insertion in the document, because the rabbis are suspicious of insertions in documents.

HALAKHAH: “One writes a document of indebtedness,” etc. It was stated, forfaits. Rebbi Abbahu collected, Rebbi Aḥa collected, Rebbi Immi collected. Rebbi Jonah and Rebbi Yose did not collect. Rebbi Mana said, even though Rebbi Yose did not collect forfaits, he agrees if one gave his son to artisans and they mutually agreed to forfaits, he collects.

HALAKHAH: “Somebody who gives a loan to another person with a guarantor,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: If the debtor has real estate. But if the debtor has no real estate, he may request payment from the guarantor. If he said, on condition that I may request payment from whom I choose, he may request payment from the guarantor.

Rebbi Abbahu asked. According to Rebbi, should not civil suits be heard by five; should sentence not be passed by 23? It was found stated by (Rebbi) Ḥizqiah: Since the Torah said, kill by a vote of the majority, kill by the testimony of witnesses. Since witnesses must be two, a majority also must be two. No court can be even-numbered; one adds another one. This makes five.

Samuel said, if two men acted as judges, their judgment stands, but they are called an insolent court. Rebbi Joḥanan and Rebbi Simeon ben Laqish both are instructing: Even if two men acted as judges, their judgment is no judgment. There, we have stated: “If he rendered judgment, acquitted the guilty and condemned the innocent, declared the pure impure or the impure pure, what he did is done but he has to pay from his own pocket.” Rebbi Abba in the name of Rebbi Abbahu: if they told him, we accept you as if you were two. What are we dealing with? If his error was that he judged them on his discretion, then what he did is done. If his error was that he judged them by Torah law, why should he pay from his own pocket? Rebbi Abba in the name of Rebbi Abbahu: if they told him, we accept you as if you were three on condition that you judge us by Torah law. He erred and judged them on his discretion. What he did is done, but since he erred and judged them on his discretion, he has to pay from his own pocket because he was presumptuous to judge alone by Torah law, as we have stated: “Do not judge sitting alone, for only One judges sitting alone.”

Samuel said, if two men acted as judges, their judgment stands, but they are called an insolent court. Rebbi Joḥanan and Rebbi Simeon ben Laqish both are instructing: Even if two men acted as judges, their judgment is no judgment. There, we have stated: “If he rendered judgment, acquitted the guilty and condemned the innocent, declared the pure impure or the impure pure, what he did is done but he has to pay from his own pocket.” Rebbi Abba in the name of Rebbi Abbahu: if they told him, we accept you as if you were two. What are we dealing with? If his error was that he judged them on his discretion, then what he did is done. If his error was that he judged them by Torah law, why should he pay from his own pocket? Rebbi Abba in the name of Rebbi Abbahu: if they told him, we accept you as if you were three on condition that you judge us by Torah law. He erred and judged them on his discretion. What he did is done, but since he erred and judged them on his discretion, he has to pay from his own pocket because he was presumptuous to judge alone by Torah law, as we have stated: “Do not judge sitting alone, for only One judges sitting alone.”

Rebbi Abbahu was sitting as sole judge in the inclining synagogue of Caesarea. His students said to him, did the rabbi not teach: “Do not judge sitting alone”? He told them, since you see me sitting alone as a judge and they come to me, it is because they accepted this. It was stated thus: “When was this said? If they did not accept it. But if they accepted it, he even judges as sole judge.”

“If somebody judged correctly, absolved the innocent and condemned the guilty, the verse counts it as if he practiced kindness both towards the innocent and towards the guilty. Kindness towards the innocent, because he returned his money to him. And towards the guilty, for he removed the proceeds of robbery from his hands.” Rebbi Abbahu said, judgment and judgment is written in the verse: “Truth and judgment of peace judge in your gates.”

“The rapist and the seducer,” etc. Rebbi Mana said, they disagree about the preliminarily married adolescent female. Rebbi Meïr says, she loses her ketubah in a court of three and is stoned in a court of 23; but the Sages say, at the same place which sentences her to be stoned she loses her ketubah. But in the case of the calumniator, everybody agrees that by the court in which the witnesses are stoned, the husband is flogged and pays 100 tetradrachmas. Rebbi Yose ben Rebbi Abun said to him, would they differ where it was not stated? But they differ about the calumniator! Rebbi Meïr says, he is flogged and pays 100 tetradrachmas by the judgment of three and the witnesses are stoned by the judgment of 23; but the rabbis say, by the court in which the witnesses are stoned, the husband is flogged and pays 100 tetradrachmas. But in the case of the preliminarily married adolescent female, everybody agrees that at the same place which sentences her to be stoned she loses her ketubah. It turns out that Rebbi Mana follows Rebbi Ze‘ira and Rebbi Yose ben Rebbi Abun follows Rebbi Abbahu.

Rebbi Abbahu asked: Following Rebbi Meïr, should an ox which is stoned have to pay damages by a court of three and be stoned by 23? Rebbi Yose ben Rebbi Abun told him, the rules of an ox which is stoned are all about money; it is a decision of the verse that it should be stoned.

HALAKHAH: “Whipping by three [judges],” etc. Rebbi Abbahu asked: Should not a sentence of whipping be passed by 23 [judges], since sometimes he might die from the whippings, so that it is a case of potential death sentence.

“One intercalates neither in a Sabbatical year nor the year following a Sabbatical; but if it was intercalated it is intercalated. When does one usually intercalate? The year preceding a Sabbatical.” Rebbi Zeˋira said in the name of Rebbi Abbahu, that is before Rebbi permitted to import produce from outside the Land into the Land. But since Rebbi permitted to import produce from outside the Land into the Land, there is no difference between a Sabbatical and the remaining years of the Sabbatical cycle.

“Capital crimes [are judged] by 23.” Rebbi Abbahu asked: Following Rebbi Meïr, should an ox which is stoned have to pay damages by a court of three and be stoned by 23? Rebbi Yose ben Rebbi Abun told him, the rules of an ox which is stoned are all about money; it is a decision of the verse that it should be stoned.

Rebbi Abbahu said, Rebbi Joḥanan and Rebbi Simeon ben Laqush disagreeed. One said, one builds and afterwards one dedicates. The other one said, one dedicates and afterwards one builds. For him who says, one builds and afterwards one dedicates, one does not say that the partitions are as if built up. If one desires to add to the Temple Hall, by which means does one add? By the two loaves. Does one dedicate on a holiday? Then by the Shew Bread. Does one dedicate on the Sabbath? Then in the night. Does one dedicate in the night? Rebbi Yose ben Rebbi Abun said, with a baked flour offering. One understands that on their return from the diaspora they sacrificed and then dedicated. When they entered the Land, with what did they dedicate? Rebbi Yose ben Rebbi Abun said, with two thanksgiving sacrifices coming from Nob and Gibeon.

Similarly. the Eternal said to Moses, assemble for Me seventy men of the Elders of Israel. Moses said, if I am taking six per tribe, there will be 72, ten of six each and two of five, which tribe will agree to be discriminated against? What did he do? He took 70 tickets and wrote on them “Elder”, two he left blank, and put them in an urn. He told them, come and take your ticket. To any one who drew a slip saying “Elder” he said, from Heaven they appointed you. To anybody who drew a blank slip he said, what can I do, it is from Heaven; Rebbi Jehudah. But Rebbi Nehemiah the Tanna objected to the colleagues: If you had given me the possibility of an Elder, it would have come up for me. But the following is what he did. He took 72 tickets and wrote on them “Elder” and two blank ones and put all of them in an urn. He told them, come and take your ticket. To any one who drew a slip saying “Elder” he said, from Heaven they appointed you. The anybody who drew a blank slip he said, what can I do, it is from Heaven. The Tanna objected to the colleagues: Think of it, if all came up as “Elder”? They told him, it was miraculous and they came up alternatingly. Rebbi Samuel said, I objected before Rebbi Abbahu: in the opinion of the second Tanna, it was a miracle. In the opinion of the first Tanna, it was not a miracle. He told him, it was a miracle in any case since they came up alternatingly.

Rebbi Abbahu in the name of Rebbi Eleazar: “Deep sorrow” is only for the dead, for it is written: Its gates are in deep sorrow and mourning. Ḥiyya bar Ada objected: Is it not written: the fishermen are in deep sorrow? Rebbi Ḥanina said, so is the baraita: there is no deep sorrow in impurity except for the dead. It was stated: “What is deep sorrow? From the moment of death until the moment of burial, the word of Rebbi. But the Sages say, the entire day.” It turns out that one describes leniencies and stringencies following Rebbi, leniencies and stringencies following the rabbis. What is the difference between them? If he died and was buried within the hour. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden only that hour. If he died and was buried after three days. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden up to three days. There came Rebbi Abbahu in the name of Rebbi Joḥanan, and Rav Ḥisda, both of whom said that Rebbi agrees with the Sages that he is forbidden only during the first day, as it was stated: Rebbi said, you know that deep mourning in the night is not biblical, since they said, “the deep mourner immerses himself and eats his Passover sacrifice in the evening.” But they said, deep mourning [during daytime] is biblical. Rebbi Yose ben Rebbi Abun in the name of Rebbi Huna: Explain it that he was buried close to sundown [and one cannot infer anything.]

Rebbi Abbahu in the name of Rebbi Eleazar: “Deep sorrow” is only for the dead, for it is written: Its gates are in deep sorrow and mourning. Ḥiyya bar Ada objected: Is it not written: the fishermen are in deep sorrow? Rebbi Ḥanina said, so is the baraita: there is no deep sorrow in impurity except for the dead. It was stated: “What is deep sorrow? From the moment of death until the moment of burial, the word of Rebbi. But the Sages say, the entire day.” It turns out that one describes leniencies and stringencies following Rebbi, leniencies and stringencies following the rabbis. What is the difference between them? If he died and was buried within the hour. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden only that hour. If he died and was buried after three days. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden up to three days. There came Rebbi Abbahu in the name of Rebbi Joḥanan, and Rav Ḥisda, both of whom said that Rebbi agrees with the Sages that he is forbidden only during the first day, as it was stated: Rebbi said, you know that deep mourning in the night is not biblical, since they said, “the deep mourner immerses himself and eats his Passover sacrifice in the evening.” But they said, deep mourning [during daytime] is biblical. Rebbi Yose ben Rebbi Abun in the name of Rebbi Huna: Explain it that he was buried close to sundown [and one cannot infer anything.]

“Dealers in sabbatical produce.” “Who is a dealer in sabbatical produce? One who sits idle all the years of a sabbatical cycle. As soon as the sabbatical year starts, be becomes active and trades in sabbatical produce. One does not accept them before another sabbatical year starts and he can be checked out that he repented in complete repentance.” It was stated: Rebbi Yose says, two sabbatical periods. “Rebbi Nehemiah says, repentance in money, not repentance in words; that he say to them, here are 200 denars, distribute them to the poor, for I earned them from forbidden produce.” They added shepherds, extortionists, and any who are suspect in money matters, that their testimony be invalid. Rebbi Abbahu said, only shepherds of small animals.

“Rebbi Simeon says, earlier they were listing harvesters of sabbatical produce; but since the increase of oppressors they returned to list only dealers in sabbatical produce. Rebbi Jehudah said, when? If he has no profession but this; but if he has another profession, he is qualified.” How is this implemented? If he was sitting idle all the years of the sabbatical cycle but when the Sabbatical began he became active and traded in sabbatical produce. If at the same time he is engaged in another occupation, he is qualified; otherwise he is disqualified. But if he was working in his profession all the years of the sabbatical cycle and when the Sabbatical began he became active and traded in sabbatical produce, even if he has no other profession on the side he is qualified. Rebbi Abba bar Zavda, Rebbi Abbahu in the name of Rebbi Eleazar: Practice follows Rebbi Jehudah of our Mishnah. Rebbi Abba bar Zavda was praised for formulating the tradition in the name of a person younger than himself.

Rebbi Ḥiyya stated restrictively. How is this implemented? If he was working in his profession all the years of the sabbatical cycle but when the Sabbatical began he became active and traded in sabbatical produce. Even if he has another profession on the side he is disqualified. This is not what Rebbi Abba bar Zavda, Rebbi Abbahu said in the name of Rebbi Eleazar: Practice follows Rebbi Jehudah of our Mishnah. Rebbi Abba bar Zavda was praised for formulating the tradition in the name of a person younger than himself. Here also should it be so? Rebbi Yose ben Rebbi Abun said, there the government is not oppressive, here the government is oppressive.

Rebbi Jacob bar Zavdi said, I asked before Rebbi Abbahu: Did not [Rebbi] Zeˋira and Rebbi Joḥanan in the name of Rebbi Yannai, Rebbi Jeremiah, Rebbi Joḥanan in the name of Rebbi Simeon ben Yehoṣadaq, say that they voted on the upper floor of the Niṭzah house in Lydda: About all the Torah, if a Gentile tells a Jew to transgress any commandment of the Torah except those concerning idolatry, incest and adultery, and murder, he should transgress and not be killed. That is in private, but in public he should not follow him even for the slightest commandment, as exemplified by Pappos and his brother Julianus to whom they gave water in a colored glass and they did not accept. He said, they do not intend to lead you to apostasy, they only want to collect annona. What means “in public”? The rabbis of Caesarea say ten, as it is written: I shall be sanctified in the midst of the Children of Israel.

Rebbi Abbahu in the name of Rebbi Joḥanan: He who hides his witnesses behind a wall did not do anything. As in this case: A man happened to prepare food for a meal. He said to another, give me what you owe me. That one answered, yes. When he rose, he told him, I do not owe you anything. He answered, I have witnesses. The other said, I said that only in order not to spoil your food. The case came before Rebbi Immi, who said, this is what Rebbi Joḥanan said, he who hides his witnesses behind a wall did not do anything.

Rebbi Abba said in the name of Rav Huna: The witnesses have to stand while testifying, for it is said: the two men shall stand. Rebbi Jeremiah in the name of Rebbi Abbahu: Also the parties have to stand at the moment the verdict is given, as it is said: who have the quarrel before the Eternal.

Rebbi Ḥizqiah, Rebbi Aḥa, said in the name of Rebbi Abbahu: It is forbidden to judge money matters on Friday. Does not a Mishnah object: “Therefore one does not judge [criminal matters] on Sabbath eve or holiday eve”? Hence, one judges money matters! Also, Rebbi Ḥiyya stated thus: One judges money matters on Friday but not criminal matters. One is for practice, the other for action.

“The Synhedrion was like a semicircular threshing floor,” etc. It is written: Do not bend your destitute’s proceeding in his trial. In his trial you do not bend; you may bend in the ox’s trial. Rebbi Abbahu in the name of Rebbi Joḥanan: But only in those rules which are different for civil and criminal suits. How many are these? We have stated nine; Rebbi Ḥiyya stated eleven. Which rules are the last two? The castrate and one who never had children is qualified to judge civil suits but not criminal suits. Rebbi Abbahu in the name of Rebbi Joḥanan: Also one who is less than twenty years of age or who does not have two pubic hairs is qualified to judge civil suits but not criminal suits. Rebbi Yose ben Ḥanina said thirteen. Which rules are the last two? One judges two civil suits on one day but one does not try two criminal suits on one day. Rebbi Abin said, even adulterer and adulteress.

“The Synhedrion was like a semicircular threshing floor,” etc. It is written: Do not bend your destitute’s proceeding in his trial. In his trial you do not bend; you may bend in the ox’s trial. Rebbi Abbahu in the name of Rebbi Joḥanan: But only in those rules which are different for civil and criminal suits. How many are these? We have stated nine; Rebbi Ḥiyya stated eleven. Which rules are the last two? The castrate and one who never had children is qualified to judge civil suits but not criminal suits. Rebbi Abbahu in the name of Rebbi Joḥanan: Also one who is less than twenty years of age or who does not have two pubic hairs is qualified to judge civil suits but not criminal suits. Rebbi Yose ben Ḥanina said thirteen. Which rules are the last two? One judges two civil suits on one day but one does not try two criminal suits on one day. Rebbi Abin said, even adulterer and adulteress.

An accident happened to Rebbi Abbahu; he lost a baby. Rebbi Jonah and Rebbi Yose ascended to visit him. Out of respect for him, they did not speak to him words of Torah. He told them, would the rabbis think saying a word of Torah? They answered, think of it, our teacher. He said to them: If about a terrestrial authority, where one finds lies, and untruth, and misleading statements, and favoritism, and bribery, and they are here one day and gone the next, it was said: “the relatives come and greet the judges and witnesses, implying that we hold no grudge against you because you delivered a true judgment,” the Heavenly authority, before which there are no lies, no untruth, no misleading statements, no favoritism, and no bribery, and He exists forever in all worlds, so much more are we obligated to accept His judgment. And it is said, May He give you mercy, have mercy on you, and make you increase as He has sworn to your ancestors.

Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: Anyone who is executed less cruelly than her father’s death is by burning. As long as she is with her father, with her father she is burned, with her father-in-law stoned. With her father she is desecrating, in fire she should be burned. Rebbi Eliezer says, with her father she is burned, with her father-in-law stoned. She by burning, her paramour not by burning. She by burning, her perjured witnesses not by burning. Similarly by burning, she and they by burning. Simnilarly by stoning, she and they by stoning. Similarly by strangulation, they by burning but he by strangulation.

Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: The rabbis explain that the inhabitants of a seduced city should have been included in the category of idolaters, by stoning. They were treated to a less painful way of execution; that should be by burning. It is not enough that you decree for them an easier death by burning, but should you have them judged by the easiest way, by strangulation? Rebbi Simeon explained: The false prophet should have been included in the category of idolaters, by burning. He was treated to a less painful way of execution, which should be by stoning. It is not enough that you decree for them an easier death by stoning, but you have him judged by the easiest way, by beheading.

Rebbi Samuel ben Sosartai in the name of Rebbi Abbahu switches the arguments. The rabbis explained: The rabbis explain that the false prophet should have been included in the category of idolaters, by stoning. He was treated to a less painful way of execution, [this should have been] by burning. It is not enough that you decree burning for them, but you have him judged by the easiest way, by strangulation.

Rebbi Abun bar Ḥiyya said: Rebbi Ismael stated so: You shall not divine nor cast spells. Were not divination and spellbinding included in the general class but were mentioned separately to be treated differently from the general case? In general by extirpation, the separate cases for extirpation. A statement of Rebbi Joḥanan says, it is a case of general case and detail, as Rebbi Abbahu said in the name of Rebbi Joḥanan, for anybody who would perform any of these abominations will be extirpated, etc. Was not his sister included in the general class? Rebbi Eleazar objected: Was it not written, the nakedness of your mother’s sister and your father’s sister you shall not uncover? He told him, it was stated separately for a reason, to judge it by touching. But is it not written: A man who would lie with an unwellwoman, who uncovered her nakedness, he touched her source, and she uncovered the source of her blood? He told him, it was stated separately for a reason, to judge it by touching. That you should not say, since one is guilty about her already by the impurity of touching, we should not treat the one who touched equal to the one who had full intercourse. Therefore, it was necessary to say it. But is it not written: A man who would sleep with his aunt uncovered his uncle’s nakedness? He told him, it was stated separately for a reason, to judge it by destruction, as Rebbi Yudan said, at all places where they will be destroyed is mentioned, they will be childless; where they shall die destroyed is mentioned, they shall bury their children.