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250 occurrences across the corpus
The Jerusalem Talmud
Rebbi Joḥanan asked: Can one argue for him an argument which does not apply to him? Let us hear from the following: Bar Ziza’s sharecropper deposited a pound of gold with somebody. Bar Ziza and Bar Ziza’s sharecropper died; the case came before Rebbi Ismael ben Rebbi Yose. He said, does not everybody know that all Bar Ziza’s sharecrooper had was Bar Ziza’s property? It should be given to Bar Ziza’s sons. Bar Ziza had adult and underage sons. He said, the adult one should take half and when the underage ones grow up, they should receive half. Rebbi Ismael ben Rebbi Yose died; the case came before Rebbi Ḥiyya who said, that argument means nothing [since there are people who do not flout their wealth]; it should be given to the sharecropper’s sons. The trustee told him, I already disbursed half of it. He told him, what you gave, you gave by court order and what you will give, you will give by court order. May the sharecropper’s sons say to Bar Ziza’s sons, give us what you took? They can tell them, what was done was done by court order. May the underage ones say to the adult, let us share with you? May they tell them, we found a find? Rebbi Isaac said, the case between the adult and underaged ones is compared to one who gave a gift.
Rebbi Joḥanan asked: Can one argue for him an argument which does not apply to him? Let us hear from the following: Bar Ziza’s sharecropper deposited a pound of gold with somebody. Bar Ziza and Bar Ziza’s sharecropper died; the case came before Rebbi Ismael ben Rebbi Yose. He said, does not everybody know that all Bar Ziza’s sharecrooper had was Bar Ziza’s property? It should be given to Bar Ziza’s sons. Bar Ziza had adult and underage sons. He said, the adult one should take half and when the underage ones grow up, they should receive half. Rebbi Ismael ben Rebbi Yose died; the case came before Rebbi Ḥiyya who said, that argument means nothing [since there are people who do not flout their wealth]; it should be given to the sharecropper’s sons. The trustee told him, I already disbursed half of it. He told him, what you gave, you gave by court order and what you will give, you will give by court order. May the sharecropper’s sons say to Bar Ziza’s sons, give us what you took? They can tell them, what was done was done by court order. May the underage ones say to the adult, let us share with you? May they tell them, we found a find? Rebbi Isaac said, the case between the adult and underaged ones is compared to one who gave a gift.
It was stated: “If somebody robbed to feed his children, whether adult or underage, they are not liable to pay. If they inherited from him, both adult and underage are liable to pay. Symmachos says, the adults are liable, the underaged are not liable. If they said, we do not know whether our father accounted for it at the end, they are not liable.” Rebbi Abba bar Mamal objected: Think of it, if they inherited real estate, they are not able to say, we do not know whether our father accounted for it at the end. Rav Hamnuna objected: Think of it, if it was a notorious robbery; they are not able to say, we do not know whether our father accounted for it at the end. Rav Sheshet objected: For the underaged the court will argue. What can you say? Rebbi Mana said, explain it if they argue, we do not know, etc., we know that our father was in dispute with you on this account, but we do not know how it was resolved.
It was stated: “If somebody robbed to feed his children, whether adult or underage, they are not liable to pay. If they inherited from him, both adult and underage are liable to pay. Symmachos says, the adults are liable, the underaged are not liable. If they said, we do not know whether our father accounted for it at the end, they are not liable.” Rebbi Abba bar Mamal objected: Think of it, if they inherited real estate, they are not able to say, we do not know whether our father accounted for it at the end. Rav Hamnuna objected: Think of it, if it was a notorious robbery; they are not able to say, we do not know whether our father accounted for it at the end. Rav Sheshet objected: For the underaged the court will argue. What can you say? Rebbi Mana said, explain it if they argue, we do not know, etc., we know that our father was in dispute with you on this account, but we do not know how it was resolved.
MISHNAH: The find of his small son or daughter, or of his Canaanite male or female slave, his wife’s find, these are his. The find of his adult son or daughter, or of his Hebrew male or female slave, his wife’s find after he divorced her even though he did not yet pay her ketubah, these are their own.
“If one accepts an animal for care from another person, how long does he have to care for it? Symmachos says, small asses twelve months, adult donkeys 24 months. If he terminates the care in the middle of the term, one estimates for him; after the term one does not estimate for him, but care for one year is not comparable to two years.”
MISHNAH: A worker may eat zucchini even for a denar’s worth, or dates even for a denar’s worth. Rebbi Eleazar Ḥasma said, a worker may not eat more than his wages and the Sages permit it, but one instructs a man not to be voracious lest he close the door before him. A person may contract for himself, for his adult son or daughter, for his adult male and female slaves, for his wife, because they have understanding. But he may not contract for his underage son or daughter, nor for his underage male and female slaves, nor for his animal, because they have no understanding.
MISHNAH: A worker may eat zucchini even for a denar’s worth, or dates even for a denar’s worth. Rebbi Eleazar Ḥasma said, a worker may not eat more than his wages and the Sages permit it, but one instructs a man not to be voracious lest he close the door before him. A person may contract for himself, for his adult son or daughter, for his adult male and female slaves, for his wife, because they have understanding. But he may not contract for his underage son or daughter, nor for his underage male and female slaves, nor for his animal, because they have no understanding.
MISHNAH: Somebody exchanged a cow for a donkey and it gave birth, or he sold his slave girl and she gave birth. If one said, [it happened] before I sold, the other said, after I bought, they shall split. If he had two slaves, one adult and one young, or two fields, one large and one small. The buyer says, I bought the large one, and the seller says, I do not know: he acquired the large one. The seller says, I sold the small and the other party says, I do not know: he has only the small one. If one says the large one and the other says the small, let the seller swear that he sold the small one. If both say, I do not know, they shall split.
MISHNAH: If he left adult and underage sons, the adult ones cannot be provided for at the expense of the underaged, nor the underaged fed at the expense of the adults, but they split evenly. If the adult ones wed, the underaged may wed. But if the underaged said, we want to have weddings just as you had, one does not listen to them, because what their father gave them, he gave. If he left adult and underage daughters, the adult ones cannot be provided for at the expense of the underaged, nor the underaged fed at the expense of the adults, but they split evenly. If the adult ones wed, the underaged may wed. But if the underaged said, we want to have weddings just as you had, one does not listen to them. It is a restriction about daughters which does not exist for sons, that daughters will be fed at the expense of sons but not at the expense of daughters.
MISHNAH: If he left adult and underage sons, the adult ones cannot be provided for at the expense of the underaged, nor the underaged fed at the expense of the adults, but they split evenly. If the adult ones wed, the underaged may wed. But if the underaged said, we want to have weddings just as you had, one does not listen to them, because what their father gave them, he gave. If he left adult and underage daughters, the adult ones cannot be provided for at the expense of the underaged, nor the underaged fed at the expense of the adults, but they split evenly. If the adult ones wed, the underaged may wed. But if the underaged said, we want to have weddings just as you had, one does not listen to them. It is a restriction about daughters which does not exist for sons, that daughters will be fed at the expense of sons but not at the expense of daughters.
MISHNAH: If he left adult and underage sons, the adult ones cannot be provided for at the expense of the underaged, nor the underaged fed at the expense of the adults, but they split evenly. If the adult ones wed, the underaged may wed. But if the underaged said, we want to have weddings just as you had, one does not listen to them, because what their father gave them, he gave. If he left adult and underage daughters, the adult ones cannot be provided for at the expense of the underaged, nor the underaged fed at the expense of the adults, but they split evenly. If the adult ones wed, the underaged may wed. But if the underaged said, we want to have weddings just as you had, one does not listen to them. It is a restriction about daughters which does not exist for sons, that daughters will be fed at the expense of sons but not at the expense of daughters.
MISHNAH: If he left adult and underage sons, the adult ones cannot be provided for at the expense of the underaged, nor the underaged fed at the expense of the adults, but they split evenly. If the adult ones wed, the underaged may wed. But if the underaged said, we want to have weddings just as you had, one does not listen to them, because what their father gave them, he gave. If he left adult and underage daughters, the adult ones cannot be provided for at the expense of the underaged, nor the underaged fed at the expense of the adults, but they split evenly. If the adult ones wed, the underaged may wed. But if the underaged said, we want to have weddings just as you had, one does not listen to them. It is a restriction about daughters which does not exist for sons, that daughters will be fed at the expense of sons but not at the expense of daughters.
MISHNAH: If he left adult and underage sons, the adult ones cannot be provided for at the expense of the underaged, nor the underaged fed at the expense of the adults, but they split evenly. If the adult ones wed, the underaged may wed. But if the underaged said, we want to have weddings just as you had, one does not listen to them, because what their father gave them, he gave. If he left adult and underage daughters, the adult ones cannot be provided for at the expense of the underaged, nor the underaged fed at the expense of the adults, but they split evenly. If the adult ones wed, the underaged may wed. But if the underaged said, we want to have weddings just as you had, one does not listen to them. It is a restriction about daughters which does not exist for sons, that daughters will be fed at the expense of sons but not at the expense of daughters.
MISHNAH: If he left adult and underage sons, the adult ones cannot be provided for at the expense of the underaged, nor the underaged fed at the expense of the adults, but they split evenly. If the adult ones wed, the underaged may wed. But if the underaged said, we want to have weddings just as you had, one does not listen to them, because what their father gave them, he gave. If he left adult and underage daughters, the adult ones cannot be provided for at the expense of the underaged, nor the underaged fed at the expense of the adults, but they split evenly. If the adult ones wed, the underaged may wed. But if the underaged said, we want to have weddings just as you had, one does not listen to them. It is a restriction about daughters which does not exist for sons, that daughters will be fed at the expense of sons but not at the expense of daughters.
HALAKHAH: “If he left adult and underage sons” etc. Rebbi Jeremiah asked before Rebbi Ze‘ira: Could the older ones take 100 barrels, each worth twenty denars, and the younger ones take 100 barrels, each worth ten denars? He told him, what these take, those should be taking.
MISHNAH: If he is survived by adult and underage children and the adult ones improved the property, the improvement goes to the estate. But if they said, make an inventory of what our father left and we are going to work and profit from it, they improved it for themselves. Similarly, a woman who improved the property improved for the estate. But if she said: see what my husband left for me, I shall work it and eat from it; then she improved it for herself.
MISHNAH: If he is survived by adult and underage children and the adult ones improved the property, the improvement goes to the estate. But if they said, make an inventory of what our father left and we are going to work and profit from it, they improved it for themselves. Similarly, a woman who improved the property improved for the estate. But if she said: see what my husband left for me, I shall work it and eat from it; then she improved it for herself.
HALAKHAH: “If he is survived by adult and underage children,” etc. Rebbi La said, “if they said” in court. In the House of Rebbi Yannai they said, even a jug. Rav said, even a basket, even an axe. Rebbi Ḥiyya stated: Even a needle, even a thread to tie down.
MISHNAH: But the Sages say, on the Sabbath, his words are confirmed since he cannot write, but not on weekdays. Rebbi Joshua says, they said that for the Sabbath, so much more for weekdays. Similarly, one may acquire for an underage person but not for an adult. Rebbi Joshua says, they said that for an underage person, so much more for an adult.
MISHNAH: But the Sages say, on the Sabbath, his words are confirmed since he cannot write, but not on weekdays. Rebbi Joshua says, they said that for the Sabbath, so much more for weekdays. Similarly, one may acquire for an underage person but not for an adult. Rebbi Joshua says, they said that for an underage person, so much more for an adult.
HALAKHAH: “But the Sages say, on the Sabbath, his words are confirmed,” etc. Some Tannaїm state it inversely. Rebbi Joshua ben Levi said, so is the Mishnah: if they said that for the Sabbath, so much more for weekdays. Some Tannaїm state it inversely. Rebbi Joshua ben Levi said, so is the Mishnah: if they said that for an underage person, so much more for an adult.
From where the warning for a person having sexual relations with an animal? Do not give your emission into an animal to defile yourself by it. From where extirpation? For anybody who would commit any of these abominations will be extirpated, etc. Punishment from where? A man who would sleep with a animal shall be put to death. You infer their blood be on them from their blood be on them. So far following Rebbi Aqiba. Following Rebbi Ismael? Rebbi Ismael from his source and Rebbi Aqiba from his source. Extirpation for a male passive partner is not found for Rebbi Ismael. Punishment for a male passive partner is not found for Rebbi Ismael or Rebbi Aqiba, but it is written: One who sacrifices to the forces of nature shall be banned. Since this one is in for stoning and extirpation, also that one is in for stoning and extirpation. What is the difference between them? If one had active homosexual relations followed by passive ones, in Rebbi Ismael’s opinion he is liable only once; in Rebbi Aqiba’s opinion he is liable twice. If one had active relations with an animal followed by passive ones. Both in Rebbi Aqiba’s as in Rebbi Ismael’s opinions he is liable twice. If he had active homosexual relations with both a male and an animal he is liable twice. If he had passive homosexual relations with both a male and an animal he is liable twice. If he had simultaneous active sexual relations with two males, since both of them became guilty because of him, he is liable twice. If he had simultaneous passive sexual relations with two males, since both of them became guilty because of him, he is liable twice. It was stated: For males, an underage boy does not have the status of an adult; a young animal has the status of a fully grown one. Rebbi Eleazar said, he cannot become liable because of it unless it be three years and one day of age.
“One who has sexual relations with a preliminarily married maiden.” Rebbi Yasa in the name of Rebbi Joḥanan, Rebbi Ḥiyya in the name of Rebbi Eleazar: This is Rebbi Meïr’s. But for the rabbis even if she is a minor. What is Rebbi Meïr’s reason? “Lad” is written defectively in the paragraph. How do the rabbis explain “a lad”? Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: Once in the paragraph it is written a young woman; this teaches that in the entire paragraph she is an adult. Rebbi Meïr objected to the rabbis: In the matter of the calumniator, a lad is written and she is an adult since a minor is not stoned? What do the rabbis do with this? Rebbi Abin said, explain it that he came to her as a male. Rebbi Jacob bar Abba asked before Rav: What is the law of him who comes to a minor? He said to him, by stoning. What is the law of him who comes to an adult? He said to him, I am reading an adolescent, not an adult. Read an adolescent, not a minor! Do you not agree with me that she has the right to a fine? He answered, because he mistreated her, that includes a minor for a fine. Read because he mistreated her, that includes an adult for a fine! Rav said, even though Rebbi Jacob bar Abba won the logical argument, practice is that he who comes to a minor is [punished] by stoning but she is free. Rebbi Abun in the name of (Rebbi) Samuel. Why? He understood it from the following: The man who had lain with her alone shall die. Do we not know that the girl has not committed a capital crime? Why does the verse say, do not do anything to the girl; the girl has not committed a capital crime? That includes him who has sexual relations with a [preliminarily married] underage girl; he is stoned and she is free.
“One who has sexual relations with a preliminarily married maiden.” Rebbi Yasa in the name of Rebbi Joḥanan, Rebbi Ḥiyya in the name of Rebbi Eleazar: This is Rebbi Meïr’s. But for the rabbis even if she is a minor. What is Rebbi Meïr’s reason? “Lad” is written defectively in the paragraph. How do the rabbis explain “a lad”? Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: Once in the paragraph it is written a young woman; this teaches that in the entire paragraph she is an adult. Rebbi Meïr objected to the rabbis: In the matter of the calumniator, a lad is written and she is an adult since a minor is not stoned? What do the rabbis do with this? Rebbi Abin said, explain it that he came to her as a male. Rebbi Jacob bar Abba asked before Rav: What is the law of him who comes to a minor? He said to him, by stoning. What is the law of him who comes to an adult? He said to him, I am reading an adolescent, not an adult. Read an adolescent, not a minor! Do you not agree with me that she has the right to a fine? He answered, because he mistreated her, that includes a minor for a fine. Read because he mistreated her, that includes an adult for a fine! Rav said, even though Rebbi Jacob bar Abba won the logical argument, practice is that he who comes to a minor is [punished] by stoning but she is free. Rebbi Abun in the name of (Rebbi) Samuel. Why? He understood it from the following: The man who had lain with her alone shall die. Do we not know that the girl has not committed a capital crime? Why does the verse say, do not do anything to the girl; the girl has not committed a capital crime? That includes him who has sexual relations with a [preliminarily married] underage girl; he is stoned and she is free.
“One who has sexual relations with a preliminarily married maiden.” Rebbi Yasa in the name of Rebbi Joḥanan, Rebbi Ḥiyya in the name of Rebbi Eleazar: This is Rebbi Meïr’s. But for the rabbis even if she is a minor. What is Rebbi Meïr’s reason? “Lad” is written defectively in the paragraph. How do the rabbis explain “a lad”? Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: Once in the paragraph it is written a young woman; this teaches that in the entire paragraph she is an adult. Rebbi Meïr objected to the rabbis: In the matter of the calumniator, a lad is written and she is an adult since a minor is not stoned? What do the rabbis do with this? Rebbi Abin said, explain it that he came to her as a male. Rebbi Jacob bar Abba asked before Rav: What is the law of him who comes to a minor? He said to him, by stoning. What is the law of him who comes to an adult? He said to him, I am reading an adolescent, not an adult. Read an adolescent, not a minor! Do you not agree with me that she has the right to a fine? He answered, because he mistreated her, that includes a minor for a fine. Read because he mistreated her, that includes an adult for a fine! Rav said, even though Rebbi Jacob bar Abba won the logical argument, practice is that he who comes to a minor is [punished] by stoning but she is free. Rebbi Abun in the name of (Rebbi) Samuel. Why? He understood it from the following: The man who had lain with her alone shall die. Do we not know that the girl has not committed a capital crime? Why does the verse say, do not do anything to the girl; the girl has not committed a capital crime? That includes him who has sexual relations with a [preliminarily married] underage girl; he is stoned and she is free.
“One who has sexual relations with a preliminarily married maiden.” Rebbi Yasa in the name of Rebbi Joḥanan, Rebbi Ḥiyya in the name of Rebbi Eleazar: This is Rebbi Meïr’s. But for the rabbis even if she is a minor. What is Rebbi Meïr’s reason? “Lad” is written defectively in the paragraph. How do the rabbis explain “a lad”? Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: Once in the paragraph it is written a young woman; this teaches that in the entire paragraph she is an adult. Rebbi Meïr objected to the rabbis: In the matter of the calumniator, a lad is written and she is an adult since a minor is not stoned? What do the rabbis do with this? Rebbi Abin said, explain it that he came to her as a male. Rebbi Jacob bar Abba asked before Rav: What is the law of him who comes to a minor? He said to him, by stoning. What is the law of him who comes to an adult? He said to him, I am reading an adolescent, not an adult. Read an adolescent, not a minor! Do you not agree with me that she has the right to a fine? He answered, because he mistreated her, that includes a minor for a fine. Read because he mistreated her, that includes an adult for a fine! Rav said, even though Rebbi Jacob bar Abba won the logical argument, practice is that he who comes to a minor is [punished] by stoning but she is free. Rebbi Abun in the name of (Rebbi) Samuel. Why? He understood it from the following: The man who had lain with her alone shall die. Do we not know that the girl has not committed a capital crime? Why does the verse say, do not do anything to the girl; the girl has not committed a capital crime? That includes him who has sexual relations with a [preliminarily married] underage girl; he is stoned and she is free.
“One who has sexual relations with a preliminarily married maiden.” Rebbi Yasa in the name of Rebbi Joḥanan, Rebbi Ḥiyya in the name of Rebbi Eleazar: This is Rebbi Meïr’s. But for the rabbis even if she is a minor. What is Rebbi Meïr’s reason? “Lad” is written defectively in the paragraph. How do the rabbis explain “a lad”? Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: Once in the paragraph it is written a young woman; this teaches that in the entire paragraph she is an adult. Rebbi Meïr objected to the rabbis: In the matter of the calumniator, a lad is written and she is an adult since a minor is not stoned? What do the rabbis do with this? Rebbi Abin said, explain it that he came to her as a male. Rebbi Jacob bar Abba asked before Rav: What is the law of him who comes to a minor? He said to him, by stoning. What is the law of him who comes to an adult? He said to him, I am reading an adolescent, not an adult. Read an adolescent, not a minor! Do you not agree with me that she has the right to a fine? He answered, because he mistreated her, that includes a minor for a fine. Read because he mistreated her, that includes an adult for a fine! Rav said, even though Rebbi Jacob bar Abba won the logical argument, practice is that he who comes to a minor is [punished] by stoning but she is free. Rebbi Abun in the name of (Rebbi) Samuel. Why? He understood it from the following: The man who had lain with her alone shall die. Do we not know that the girl has not committed a capital crime? Why does the verse say, do not do anything to the girl; the girl has not committed a capital crime? That includes him who has sexual relations with a [preliminarily married] underage girl; he is stoned and she is free.
The following is obvious: A murderer who broke vessels or otherwise caused damage is liable to pay. If he continued to break until he came to the town, Rebbi Zeˋira and Rebbi Hoshaia: One said, he pays, the other said, he does not pay. If the pursuer becomes the pursued, may one save the pursuer through the person of the pursued? An adult (who became) a minor, may one save the adult through the person of the minor? Rebbi Jeremiah objected, did we not state: “If his head and most of his body were born, one does not touch him, for one does not push aside one life for another.” Rebbi Yose ben Rebbi Abun said in the name of Rav Ḥisda: It is different there since you do not know who is killing whom.
The following is obvious: A murderer who broke vessels or otherwise caused damage is liable to pay. If he continued to break until he came to the town, Rebbi Zeˋira and Rebbi Hoshaia: One said, he pays, the other said, he does not pay. If the pursuer becomes the pursued, may one save the pursuer through the person of the pursued? An adult (who became) a minor, may one save the adult through the person of the minor? Rebbi Jeremiah objected, did we not state: “If his head and most of his body were born, one does not touch him, for one does not push aside one life for another.” Rebbi Yose ben Rebbi Abun said in the name of Rav Ḥisda: It is different there since you do not know who is killing whom.
HALAKHAH: “One does not swear on the claim of a deaf-and-dumb person, an insane person, or a minor,” etc. It is written: If a man give to his neighbor, to exclude the minor. So far if a minor gave to him and the minor requested from him. If he gave it as a minor and requested it as an adult? The verse says, his neighbor; only if giving and requesting are equal. Rebbi Abba bar Mamal said, is that not obvious by what Rebbi Joḥanan said, one who claims a claim of theft in respect of his neighbor’s lost object is liable? “Where is my lost object?” He told him, it was stolen. Rebbi Abba said, explain it if he told him, you already asked me when you were underage and I was freed from swearing for you. An oath of the Eternal shall be between both of them, to exclude the heir. Rebbi Illa in the name of Rebbi Yasa: The baraita is about the heir.
HALAKHAH: Rebbi Ḥanina said, One says, a large candelabra, but the other says, a small candelabra; he is liable since we have stated: “One swears only on matters of measure, or weight, or count.” Rebbi Abba bar Mamal said, explain it if it was a candelabra composed of sections. One says, a large belt; the other says, a small belt. Rebbi Ḥiyya stated something but we do not know what he stated. If you say “liable”, a Mishnah disagrees, as we have stated: “One swears only on matters of measure, or weight, or count.” If you say “not liable”, a Mishnah disagrees, as we have stated: “If one says the adult one and the other says the underage one, let the seller swear that he sold the underage one. If both say that they do not know, they shall split.”
May one claim extraordinary things? One may, following what Rebbi Joḥanan said, a person may be rich on the market place and poor in his house; rich in his house and poor in the market place. There is one who poses as richand has nothing, poses as poor and has great wealth. Rebbi Abba told: Bar Ziza’s sharecropper deposited a pound of gold with somebody. Bar Ziza and Bar Ziza’s sharecropper died; the case came before Rebbi Ismael ben Rebbi Yose. Would one not say that all that Bar Ziza’s sharecropper had was Bar Ziza’s property? It should be given to Bar Ziza’s sons. Bar Ziza’s sons came. He said, the adult ones should take half and when the underage grow up they should take half. Rebbi Ismael ben Rebbi Yose died; the case came before the Elder Rebbi Ḥiyya who said, that argument means nothing since there are people who do not advertise themselves. It should be given to the sharecropper’s sons. The trustee told him, I already disbursed half of it. He told him, what you gave, you gave by court order and what you will give, you will give by court order. May the sharecropper’s sons say to Bar Ziza’s sons, give us what you took? They can tell them, what was done was done by court order. May the underage ones say to the adult, let us share with you? May they tell them, we found a find? Rebbi Isaac said, the case between the adult and underage ones is only comparable to a gift given to them.
May one claim extraordinary things? One may, following what Rebbi Joḥanan said, a person may be rich on the market place and poor in his house; rich in his house and poor in the market place. There is one who poses as richand has nothing, poses as poor and has great wealth. Rebbi Abba told: Bar Ziza’s sharecropper deposited a pound of gold with somebody. Bar Ziza and Bar Ziza’s sharecropper died; the case came before Rebbi Ismael ben Rebbi Yose. Would one not say that all that Bar Ziza’s sharecropper had was Bar Ziza’s property? It should be given to Bar Ziza’s sons. Bar Ziza’s sons came. He said, the adult ones should take half and when the underage grow up they should take half. Rebbi Ismael ben Rebbi Yose died; the case came before the Elder Rebbi Ḥiyya who said, that argument means nothing since there are people who do not advertise themselves. It should be given to the sharecropper’s sons. The trustee told him, I already disbursed half of it. He told him, what you gave, you gave by court order and what you will give, you will give by court order. May the sharecropper’s sons say to Bar Ziza’s sons, give us what you took? They can tell them, what was done was done by court order. May the underage ones say to the adult, let us share with you? May they tell them, we found a find? Rebbi Isaac said, the case between the adult and underage ones is only comparable to a gift given to them.
May one claim extraordinary things? One may, following what Rebbi Joḥanan said, a person may be rich on the market place and poor in his house; rich in his house and poor in the market place. There is one who poses as richand has nothing, poses as poor and has great wealth. Rebbi Abba told: Bar Ziza’s sharecropper deposited a pound of gold with somebody. Bar Ziza and Bar Ziza’s sharecropper died; the case came before Rebbi Ismael ben Rebbi Yose. Would one not say that all that Bar Ziza’s sharecropper had was Bar Ziza’s property? It should be given to Bar Ziza’s sons. Bar Ziza’s sons came. He said, the adult ones should take half and when the underage grow up they should take half. Rebbi Ismael ben Rebbi Yose died; the case came before the Elder Rebbi Ḥiyya who said, that argument means nothing since there are people who do not advertise themselves. It should be given to the sharecropper’s sons. The trustee told him, I already disbursed half of it. He told him, what you gave, you gave by court order and what you will give, you will give by court order. May the sharecropper’s sons say to Bar Ziza’s sons, give us what you took? They can tell them, what was done was done by court order. May the underage ones say to the adult, let us share with you? May they tell them, we found a find? Rebbi Isaac said, the case between the adult and underage ones is only comparable to a gift given to them.
Rebbi Ḥanina said, (this means) [a baraita implies] that one does not heal through spilling blood, as we have stated there: “If most of his body was outside one does not touch him,” we suspect that he will live, “for one does not push aside one life before another life.” Not only if one would say, kill this person, but even if he tell him, injure that person. A Gentile against a Gentile, a Gentile against a Jew, is liable. A Jew against a Gentile is not liable. Rav Ḥisda asked, may one save the life of an adult with the life of a minor? Rebbi Jeremiah objected, did we not state, “If most of his body was outside one does not touch him, for one does not push aside one life before another life”? Rebbi Yose ben Rebbi Abun in the name of Rebbi Levi: There it is different for it is not known who is endangering whom.
“Both are equal in the office of the day of Atonement,” etc.] He, not the king. He, not the chieftain. He, to include the priest Anointed for War. A woman in her virginity he shall marry; this excludes an adult whose hymen has atrophied. Rebbi Eleazar and Rebbi Simeon qualify the adult. Rebbi Isaac asked, are these things so in all other things? He takes the fist full and the other burns it; he receives and the other throws, he burns and the other sprinkles? Rebbi Jacob bar Idi in the name of Rebbi Isaac: They made it like a (great) [robbed] purification sacrifice which was not publicly known. This implies that he takes the fistful and the other burns it, he receives and the other throws, he burns and the other sprinkles. Rebbi Berekhiah, Rebbi Jacob bar Idi: Rebbi Isaac asked. If he was standing sacrificing on the altar when it became known that he was the son of a divorcee or the son of a woman having received ḥaliṣah, how do you treat him? [As if] he had died and the homicide might return to his home town or should he be treated as one whose trial had been concluded without a High Priest and he never can leave from there?
“Both are equal in the office of the day of Atonement,” etc.] He, not the king. He, not the chieftain. He, to include the priest Anointed for War. A woman in her virginity he shall marry; this excludes an adult whose hymen has atrophied. Rebbi Eleazar and Rebbi Simeon qualify the adult. Rebbi Isaac asked, are these things so in all other things? He takes the fist full and the other burns it; he receives and the other throws, he burns and the other sprinkles? Rebbi Jacob bar Idi in the name of Rebbi Isaac: They made it like a (great) [robbed] purification sacrifice which was not publicly known. This implies that he takes the fistful and the other burns it, he receives and the other throws, he burns and the other sprinkles. Rebbi Berekhiah, Rebbi Jacob bar Idi: Rebbi Isaac asked. If he was standing sacrificing on the altar when it became known that he was the son of a divorcee or the son of a woman having received ḥaliṣah, how do you treat him? [As if] he had died and the homicide might return to his home town or should he be treated as one whose trial had been concluded without a High Priest and he never can leave from there?
The Babylonian Talmud
Why is a child specified? It is the same even with an adult!
Rab Judah said in the name of Rab: We are here dealing with a point of time near to the setting of the sun; so if it were an adult, it is obvious that he must certainly be a gentile. But in the case of a child, one might say it is an Israelite and it is by chance that he is holding [the torch].
One who has a slave, a woman, or a minor read [the Hallel] to him, he must repeat after them what they say, and a curse be upon him. If an adult recited to him, he repeats after him [only] Halleluyah. In a place where the custom is to repeat [verses], he should repeat; Where the custom is] to say them only once, he should say them once. [Where the custom is] to recite a blessing afterwards, he should recite the blessing afterwards. Everything is dependent on local custom.
2) Since he says: "Praise Him, servants of the Lord" (Psalms 113:1) and they respond Halleluyah, it may be deduced that if an adult recites [the Hallel] for one the latter responds Halleluyah. 3) Since he says: "Give thanks to the Lord" (Psalms 118), and they respond, "Give thanks unto the Lord," it may be inferred that it is a mitzvah to respond with the beginning of sections. (So it was also stated; R. Hanan b. Raba ruled: It is a mitzvah to respond with the beginning of the sections.)
If he knows how to slaughter [animals ritually] we may eat from [the meat of animals] which he has slaughtered. R. Huna explained: This applies only where an adult was standing by his side [when he slaughtered the animal].
If [a child] is able to eat an olive size of grain, one must remove oneself a distance of at least four cubits from his excrement or water. R. Hisda explained: This applies only where the child is able to consume it in the time [which it takes an ordinary adult] to eat half a loaf. R. Hiyya the son of R. Yeva said: But in the case of an adult [the law applies] even if he cannot eat it in the time [which it takes a normal person] to eat half a loaf, since it is written, He that increases knowledge increases sorrow.
If [a child] is able to eat an olive size of grain, one must remove oneself a distance of at least four cubits from his excrement or water. R. Hisda explained: This applies only where the child is able to consume it in the time [which it takes an ordinary adult] to eat half a loaf. R. Hiyya the son of R. Yeva said: But in the case of an adult [the law applies] even if he cannot eat it in the time [which it takes a normal person] to eat half a loaf, since it is written, He that increases knowledge increases sorrow.
Why did they not say to him: Proof cannot be brought from the testimony of a minor? They gave one answer and then another. First, they said, you were a boy and moreover, even had you been an adult, proof cannot be brought from the very one who allows it.
R. Simeon asked, What of a child that is lame, according to the words of the house of Shammai, or one that is blind, according to the words of both of them? Explain this. If we are to speak of the case of a lame person, who cannot stretch out his limb, or a blind person, who cannot open his eye, see now, an adult is free, why should we ask about a child? It is not necessary to discuss such a case. But in the case of a lame person, who can stretch out his limb, or a blind person who can open his eye, what of this case? Abai said, Wherever the adult is bound according to the Law, we educate the child in it also according to our Rabbis, and wherever the adult is free according to the Law, the child also is free according to the Rabbis.
R. Simeon asked, What of a child that is lame, according to the words of the house of Shammai, or one that is blind, according to the words of both of them? Explain this. If we are to speak of the case of a lame person, who cannot stretch out his limb, or a blind person, who cannot open his eye, see now, an adult is free, why should we ask about a child? It is not necessary to discuss such a case. But in the case of a lame person, who can stretch out his limb, or a blind person who can open his eye, what of this case? Abai said, Wherever the adult is bound according to the Law, we educate the child in it also according to our Rabbis, and wherever the adult is free according to the Law, the child also is free according to the Rabbis.
R. Simeon asked, What of a child that is lame, according to the words of the house of Shammai, or one that is blind, according to the words of both of them? Explain this. If we are to speak of the case of a lame person, who cannot stretch out his limb, or a blind person, who cannot open his eye, see now, an adult is free, why should we ask about a child? It is not necessary to discuss such a case. But in the case of a lame person, who can stretch out his limb, or a blind person who can open his eye, what of this case? Abai said, Wherever the adult is bound according to the Law, we educate the child in it also according to our Rabbis, and wherever the adult is free according to the Law, the child also is free according to the Rabbis.
Resh Lakish said, R. Meir was reading the Scriptures. He came upon this passage and expounded thus, "Incline thine ear, and hear the words of the wise, and apply thine heart unto my knowledge" (Prov. xxii. 17). It is not said, unto their knowledge, but "unto my knowledge." R. Chănina said, From this passage we learn it, "Hearken, O daughter, and consider, and incline thine ear; forget also thine own people and thy father's house, etc." (Ps. xlv. 10) It would appear that the passages are difficult to reconcile. But no, there is no difficulty. The one is the case of an adult, the other of a young person.