amphoras

From where that non-guaranteed property may be acquired with guaranteed property, by money, document, or possession? Rebbi Yose in the name of Ḥizqiah; Rebbi Jonah, Rebbi Ḥanina Tortaya in the name of Ḥizqiah, it is written (2Chr. 21:3): “Their father gave them many gifts, silver and gold and delicacies, with fortified cities in Jehudah.” So far real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Madon was in Jerusalem, rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages and they upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place, but here the real estate even was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

From where that non-guaranteed property may be acquired with guaranteed property, by money, document, or possession? Rebbi Yose in the name of Ḥizqiah; Rebbi Jonah, Rebbi Ḥanina Tortaya in the name of Ḥizqiah, it is written (2Chr. 21:3): “Their father gave them many gifts, silver and gold and delicacies, with fortified cities in Jehudah.” So far real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Madon was in Jerusalem, rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages and they upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place, but here the real estate even was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

MISHNAH: If somebody had ten rows of ten wine jugs each, and he said that one from an outer row was tithe but he does no longer know which one, he takes two diagonally opposite amphoras. One of half an outer row was tithe but he does no longer know which one, then he takes the four amphoras at the four corners. One row was tithe but he does no longer know which one, then he takes one diagonal row. Half a row was tithe but he does no longer know which one, then he takes from the two diagonal rows. One amphora was tithe but he does no longer know which one, then he takes from each amphora.

MISHNAH: If somebody had ten rows of ten wine jugs each, and he said that one from an outer row was tithe but he does no longer know which one, he takes two diagonally opposite amphoras. One of half an outer row was tithe but he does no longer know which one, then he takes the four amphoras at the four corners. One row was tithe but he does no longer know which one, then he takes one diagonal row. Half a row was tithe but he does no longer know which one, then he takes from the two diagonal rows. One amphora was tithe but he does no longer know which one, then he takes from each amphora.

It was stated: “If there were two amphoras before him, one of pure tithe which was ṭevel and one of impure tithe which was ṭevel, he brings two vessels and takes from each of them heave of the tithe for both of them. He then turns and lifts one vessel and says: If this one is pure, I am making it heave of the tithe; else I did not do anything. Then he turns, does the same for the second vessel, immerses himself and drinks, the words of Rebbi. Rebbi Simeon ben Eleazar says, he takes it only at the end.” What is the reason of Rebbi? I say, maybe he started drinking the impure one first. And what is the reason of Rebbi Eleazar ben Rebbi Simeon? Maybe he drank the impure one at the end. Everybody agrees that he who drinks impure liquids may not even eat heave that is in doubt. If the liquids were possibly impure, everybody agrees that he may eat what certainly is heave. But here we deal with another Mishnah. What is the reason of Rebbi Eleazar ben Rebbi Simeon? Since according to both the impurity is certain, he needs immersion. What is the reason of Rebbi? That he should not be led into drinking a reviït. According to the reason of Rebbi Eleazar ben Rebbi Simeon, he drinks less than a reviït. Is Rebbi Eleazar ben Rebbi Simeon not afraid that he would be led into drinking a reviït? Rebbi Yose ben Rebbi Abun said, the only explanation you have is our first one. Rebbi is afraid that he drank the impure liquid first and Rebbi Eleazar ben Rebbi Simeon is afraid that he drank the impure liquid at the end.

MISHNAH: These are the implements which the professional may not sell during the Sabbatical: A plough and all its implements, a yoke, a winnowing fork and an axe. But he may sell a hand sickle, a grain sickle, a carriage and all its implements. This is the principle: Everything that is used only for its work is forbidden; [if it is usable] for both forbidden and permitted [work] it is permitted. The seller may sell five oil amphoras and fifteen wine amphoras because so much one brings from ownerless property. If he brought more than that amount, it is permitted. He may sell to Gentiles in the Land and to Jews outside of the Land. The House of Shammai say, one may not sell to him a ploughing cow during the Sabbatical but the House of Hillel permit it because he might slaughter it. One may sell him produce even during the sowing season and lend him one's measuring device even though one knows that he has workers, and one may exchange coins for him even though one knows that he has workers. In all cases it is forbidden if specified.

MISHNAH: These are the implements which the professional may not sell during the Sabbatical: A plough and all its implements, a yoke, a winnowing fork and an axe. But he may sell a hand sickle, a grain sickle, a carriage and all its implements. This is the principle: Everything that is used only for its work is forbidden; [if it is usable] for both forbidden and permitted [work] it is permitted. The seller may sell five oil amphoras and fifteen wine amphoras because so much one brings from ownerless property. If he brought more than that amount, it is permitted. He may sell to Gentiles in the Land and to Jews outside of the Land. The House of Shammai say, one may not sell to him a ploughing cow during the Sabbatical but the House of Hillel permit it because he might slaughter it. One may sell him produce even during the sowing season and lend him one's measuring device even though one knows that he has workers, and one may exchange coins for him even though one knows that he has workers. In all cases it is forbidden if specified.

Rebbi Simeon ben Laqish in the name of Rebbi Hoshaia: If there were before him 150 amphoras which were opened: One hundred are permitted, fifty are forbidden, and the remainder will be permitted if they were opened. Rebbi Zeїra said, he said only “if they were opened;” therefore at the start it is forbidden.

In the opinion of the colleagues, first and second amphoras. In the opinion of Rebbi Yose, an amphora of wine and one of oil.

A person came before Rebbi Ismael ben Rebbi Yose and said to him, I saw in my dream that I was watering an olive tree with oil. He said to him, the spirit of that person should be blown away, he made love to his mother. A person came before Rebbi Ismael ben Rebbi Yose and said to him, I saw in my dream that my eye kissed its companion. He said to him, the spirit of that person should be blown away, he made love to his sister. A person came before Rebbi Ismael ben Rebbi Yose and said to him, I saw in my dream that I had three eyes. He said to him, you are an oven maker; your two eyes and the opening of the oven. A person came before Rebbi Ismael ben Rebbi Yose and said to him, I saw in my dream that I had four ears. He said to him, you are filling [amphoras]; your two ears and the two ears of the amphora. A person came before Rebbi Ismael ben Rebbi Yose and said to him, I saw in my dream that people got out of my way. He said to him, you are carrying thorns and everybody gets out of your way. A person came before Rebbi Ismael ben Rebbi Yose and said to him, I saw in my dream that I was wearing a wooden notebinder with twelve tablets. He said to him, the stone bench of this person has twelve tatters. A person came before Rebbi Ismael ben Rebbi Yose and said to him, I saw in my dream that I swallowed a star. He said to him, the spirit of that person should be blown away, he killed a Jew as it is written (Num. 24:17): “A star went out from Jacob.” A person came before Rebbi Ismael ben Rebbi Yose and said to him, I saw in my dream the vineyard of this man grow bitter lettuce. He said to him, all your wine will be sour and you will bring bitter lettuce and dip it in the cups.

“ If he had to give heave for four or five amphoras in a cistern, he lifts the first one to the mouth of the cistern and says, this is heave. The same for the second and third, the words of Rabban Simeon ben Gamliel. Rebbi says, he lifts all of them to the mouth of the cistern and says, this is heave.” They wanted to say, for him who says he lifts the first one to the mouth of the cistern, ṭevel disappears in a plurality but for him who says he lifts all of them to the mouth of the cistern, ṭevel does not disappear in a plurality. Rebbi Abbahu in the name of Rebbi Joḥanan: They differ about earmarking. For him who says he lifts all of them to the mouth of the cistern, he has to give from what is earmarked but for him who says he lifts the first one to the mouth of the cistern he does not have to give from what is earmarked. Rebbi Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan switches: For him who says he lifts the first one to the mouth of the cistern, he has to give from what is earmarked but for him who says he lifts all of them to the mouth of the cistern he does not have to give from what is earmarked. Rebbi Zeïra said to him, is it not united by sinews?

Rebbi Simeon ben Laqish in the name of Ḥizqiah: He harvests three bunches and permits. The position of Rebbi Simeon ben Laqish is inverted! There, he said in the name of Rebbi Hoshaia: If there were before him 150 amphoras which were opened, one hundred are permitted, fifty are forbidden, and the remainder will be permitted if they were opened. Rebbi Zeïra said, he said only “if they were opened;” therefore at the start it is forbidden to open them. And here, he says so? There in the name of Rebbi Hoshaia, here in the name of Ḥizqiah. They say there in the name of Ḥizqiah: He opens three amphoras and permits; one follows Ḥizqiah here.

Rebbi Simeon ben Laqish in the name of Ḥizqiah: He harvests three bunches and permits. The position of Rebbi Simeon ben Laqish is inverted! There, he said in the name of Rebbi Hoshaia: If there were before him 150 amphoras which were opened, one hundred are permitted, fifty are forbidden, and the remainder will be permitted if they were opened. Rebbi Zeïra said, he said only “if they were opened;” therefore at the start it is forbidden to open them. And here, he says so? There in the name of Rebbi Hoshaia, here in the name of Ḥizqiah. They say there in the name of Ḥizqiah: He opens three amphoras and permits; one follows Ḥizqiah here.

MISHNAH: They are: Breakable walnuts and pomegranates from Badan, sealed amphoras, beet roots, heads of cabbage, and Greek gourd. Rebbi Aqiba says, also non-commercial loaves. This refers to ‘orlah and vineyard kilaim, as the case may be.

MISHNAH: If the walnuts were broken, the pomegranates dispersed, the amphoras opened, the gourds cut, the loaves broken, they may be lifted by one in 200.

Rebbi Simeon ben Laqish in the name of Rebbi Hoshaia: If there were before him 150 amphoras which were opened: One hundred are permitted, fifty are forbidden; this remainder will be permitted if they have been opened. Rebbi Zeïra said, he said only “if they have been opened;” therefore at the start it is forbidden.

A Mishnah disagrees with him who said, anything which is specifically for something prohibited is prohibited, as we have stated: “If there is a stone on top of an amphora he tilts it on its side and it falls down.” Rebbi Abba in the name of (Rebbi) [Rav] Ḥiyya bar Ashi: Rav explained this about one who forgot. Also from the sequel, “if it was between amphoras he lifts it, tilts it on its side and it falls down.” This also Rav explained about one who forgot.

It was stated: “A smooth stone the size of an olive, or a walnut, or an egg, he may take and cleanse his feet with it. Rebbi Ismael ben Rebbi Yose said in his father’s name: up to a full hand.” Rav Jehudah said, Boetius ben Zenon was sitting and repeating before Rebbi; he said, so we are saying, it is necessary that he sit down and take it in his hand. He told him, everything is permitted except what is formed like a small sack. Rebbi Ila in the name of Rebbi Yannai: it may be like the base of a small mortar of a spice dealer. Rebbi Yose said, they only said, of a spice. But not of spices. Rebbi Ila in the name of Rebbi Simeon ben Laqish: A pebble on which grasses grew he may take and cleanse his feet with it. But if he plucks off from it on the Sabbath he is liable for a purification sacrifice. Rebbi Ḥiyya stated: It is forbidden to cleanse oneself with any potsherd. Rebbi Yose ben Rebbi Abun said, not only potsherds but even handles of amphoras, and anything which was brought into the fire and came out again. Rebbi Yose ben Yose said, a pebble which had been used by another person and water in a volume of less than 40 se’ah one may not use to cleanse himself. Rebbi Ḥanania in the name of Rebbi Mana: It is forbidden to cleanse himself with water which a dog licked. And it was stated so: One cleans himself neither with a dog’s mouth, nor in presence of a dog, nor with water which the dog had licked off, nor with water in a volume of less than 40 se’ah. And if somebody washes in the bath house or washes in a bathtub, it is bad for hemorrhoids. Rebbi Yose ben Rebbi Abun in the name of Rav Ḥuna: Five things were said about a reed blade: One does not use it to slaughter, nor to circumcise, nor to clean teeth with it, nor does one use it to cut meat on the table, nor does one cleanse himself, because an evil spirit resides on it.

MISHNAH: One saves a bag full of loaves even if it contains food for a hundred meals, and loaves of dried figs, and wine amphoras, and one says to others, come and save for yourselves. If they are intelligent they settle accounts with him after the Sabbath. Where does one save to? To a courtyard with an eruv. Ben Bathyra says, even if there is no eruv.

MISHNAH: An amphora covered by a stone: one tilts it and the stone falls down. If it was between amphoras one lifts it, tilts it and the stone falls down. Coins on a pillow: one shakes the pillow and they fall down. If chicken droppings were on it, one cleans it with a rag. If it was of leather, one pours water on it until it disappears.

It was stated: “Rebbi Eleazar ben Rebbi Ṣadoq and Abba Shaul ben Botnit were grocers in Jerusalem. They used to fill their measuring vessels on the eve of a holiday and give them to the customers on the holiday. Rebbi Ḥananiah ben Aqabiah says, they also acted in the same way on the intermediate days of the holiday because of the emptying of the measuring vessels. Also he collected 300 amphoras, and his colleague collected 300 amphoras. The Sages said to them, you did not have to do this, but since you were stringent with yourselves, they should be used for public needs.” Once he was sick and our teachers went to visit him. He said to them, you are seeing this right hand which was measuring in truth.

It was stated: “Rebbi Eleazar ben Rebbi Ṣadoq and Abba Shaul ben Botnit were grocers in Jerusalem. They used to fill their measuring vessels on the eve of a holiday and give them to the customers on the holiday. Rebbi Ḥananiah ben Aqabiah says, they also acted in the same way on the intermediate days of the holiday because of the emptying of the measuring vessels. Also he collected 300 amphoras, and his colleague collected 300 amphoras. The Sages said to them, you did not have to do this, but since you were stringent with yourselves, they should be used for public needs.” Once he was sick and our teachers went to visit him. He said to them, you are seeing this right hand which was measuring in truth.

MISHNAH: One does not break earthenware nor cut paper to grill on them salted fish. One does not clean out stove or cooking range but one smooths. One does not arrange two amphoras to cook a pot on them. One does not support a pot by a splinter, nor the door. One does not drive an animal with a stick on the holiday.

“One does not arrange two amphoras to cook a pot on them.” Because of building. It was stated: “A blind person may not go out with his stick, nor the shepherd with his bag, but Rebbi Simeon permits.” So was Rebbi Simeon saying: Since one thing is permitted to him, let him be permitted everything.

What happened in Ascalon supports him who said, Simeon ben Sheṭaḥ was president. Two pious men were in Ascalon. They ate together, drank together, and studied Torah together. One of them died, and nobody attended his funeral. The son of Ma`yan the publican died; the entire city stopped working to attend his funeral. The other pious man started crying and said woe, do the haters of Israel have no hope? He was shown in a dream that it was said to him, do not denigrate your Master’s children. This one committed one sin and died with it, the other one did one good deed and died with it. What sin did this pious man commit? Far be it that he committed a sin, but once he put on his head phylacteries before his arm phylacteries. What good deed did the son of publican Ma`yan do? Far be it that he ever committed a good deed, but once he prepared a breakfast for the city council but they did not come to eat it. He said, let the poor eat it, so it should not go to waste. Some say, he was walking in the street when a loaf fell down from him and a poor person picked it up. He did not say anything [in order not to embarrass him]. After days this pious man saw his comrade the pious walking in gardens, in orchards, at water sources, and he saw the son of Ma`yan the publican with his tongue out on the river bank trying in vain to reach the water. He also saw Miriam, Onion-leaf’s daughter. Rebbi Eleazar bar Yose said, she was hanging on her breast nipples. Rebbi Yose ben Ḥanina said, the hinge of Hell’s door was fixed in her ear. He asked them, why? They told him, because she fasted and made herself famous. Some say, she fasted one day and was dissolute two. He asked them for how long is she in this state? They told him, until Simeon ben Shetah comes, when we shall remove it from her ear and put it in his ear. [He asked them, and why?] They told him, because he said, that if I would be elected Patriarch, I would kill sorcerers. But now he was made Patriarch and he did not kill them. In fact, there are eighty women sorcerers in the cave of Ascalon who hurt the world. You shall go and tell him! He told them, I am afraid that since he is Patriarch he will not believe me. They told him, if he will believe you it will be good. In case that he will not believe you, perform a sign in front of him: put your hand on an eye and take it out, put it back and it will be back. He went and told him. He wanted to perform [the miracle] before him, but he told him, I know that you are a pious person; more than that you could do. In fact, I never spoke it with my mouth even though I intended so in my thoughts. Immediately Simeon ben Shetaḥ went on a stormy day and took with him eighty select men. He gave them eighty clean garments, put them in eighty new amphoras, and put them on them upside down. He told them, when I whistle once, put on your garments. When I whistle for the second time, come in all of you together. When you enter, each of you shall choose one and lift her from the ground, since the nature of this sorcery is that separated from the earth it cannot do anything. He went and stood at the entrance to the cave. He said אוים, אוים, open for me, I am one of yours. They asked, how did you come here on such a day? He said, I was walking between the raindrops. They asked him, what do you want to do here? He said, to learn and to teach. Every one should make what he is able to. One of them said what she said and produced bread. One of them said what she said and produced meat. One of them said what she said and produced dishes. One said what she said and produced wine. They asked him, what can you do? He told them, when I whistle twice, I shall bring here eighty select men for your pleasure and entertainment. They told him, that is what we desire. When he whistled the first time, they put on their garments; when he whistled for the second time, they all entered together. He said, every one who comes shall select his mate. They lifted them, took them away, and crucified them. That is what we have stated: “It happened that Simeon ben Shetaḥ hanged women in Ascalon. [They said, he hanged eighty women but one does not try two on the same day.” But the hour needed it.]

Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan: Just as they differ here they differ in the rules of mourning. As it was stated: The following things one does for the mourner in his mourning period. One presses his vat, and stirs his wine, and plugs his amphoras, and his repeatedly turned olives one grinds as usual, and one waters his irrigated fields if it is time for them to be irrigated, and one sows his field flax at the start of the rainy season, the words of Rebbi Jehudah. They told him, if it is not sown with flax it can be sown with another kind; if it was not sown in this week it can be sown in another week. Who is “they told him”? Rebbi Yose. The argument of Rebbi Jehudah seems inverted. There he said, small amounts may be lost so large amounts not be lost, and here he says so? There is a difference since there he is wont to be tricky. So much more the argument of Rebbi Jehudah seems inverted, since there where he is wont to be tricky he says it is permitted, here where he is not wont to be tricky, not so much more? Rebbi Ḥinnena said, who is “they told him”? The Sages following Rebbi Jehudah’s argument for the holiday.

HALAKHAH: “On the same day, Rebbi Aqiba explained: “You shall measure outside the city”, etc. Rebbi Eliezer, the son of Rebbi Yose the Galilean, said, 2000 cubits the domain of the levitic cities. Deduct from them 1000 cubits open space, there results one quarter open space and the remainder fields. Rebbi Jeremiah, Rebbi Samuel bar Rav Isaac in the name of Rav: A quarter of 1000113. Rebbi Isaac said, even if you say a quarter from every side, it is a quarter. He who wants to make a square from four amphoras needs sixteen. Rebbi Mana estimated it from a brick, Rebbi Abin estimated it from a strip, Rebbi Oshaiah estimated it from a dish. Rebbi Yose ben Rebbi Abun said, 50 by 50 form a bet se’ah; 100 by 100 are four bet se’ah. As it happened to the Resh Galuta when it was imposed on him to fill a hall of 40 by 40 cubits with wheat. He came to Rav Huna who said to him, negotiate that they should take from you 20 by 20 now and 20 by 20 later; you will earn half.

It was stated: “That we ate in X or Y’s clipping.” What is clipping? If a man sold his inherited field, his relatives filled amphoras with roasted kernels and nuts and broke them before children. The children were collecting them and saying, X was clipped from his inheritance. When he bought it back, they were doing the same and saying, X returned to his inheritance. Rebbi Yose ben Rebbi Abun said, also if a man married an unsuitable woman, his realtives filled amphoras with roasted kernels and nuts and broke them before children. The children were collecting them and saying, X was clipped from his family. Whe he divorced her, they were doing the same and saying, X returned to his family.

It was stated: “That we ate in X or Y’s clipping.” What is clipping? If a man sold his inherited field, his relatives filled amphoras with roasted kernels and nuts and broke them before children. The children were collecting them and saying, X was clipped from his inheritance. When he bought it back, they were doing the same and saying, X returned to his inheritance. Rebbi Yose ben Rebbi Abun said, also if a man married an unsuitable woman, his realtives filled amphoras with roasted kernels and nuts and broke them before children. The children were collecting them and saying, X was clipped from his family. Whe he divorced her, they were doing the same and saying, X returned to his family.

MISHNAH: If somebody sues another for amphoras of oil, and the defendant admits [that he owes him] vessels, Admon says, since he admitted part of the claim he is made to swear, but the Sages say, what he admitted was not of the kind that was claimed. Rabban Simeon ben Gamliel said, I am convinced by Admon’s statement,

HALAKHAH: “If somebody sues another for amphoras of oil,” etc. The Mishnah, if he sued him for wheat and he admitted barley; but if he sued him for two kinds and he admitted one of them, according to everybody he is free.

Rebbi Immi in the name of Rebbi Joḥanan: The Mishnah, if he sued him for wheat and he admitted barley; but if he sued him for two kinds and he admitted one of them, according to everybody he is free. And why did we state: “Rabban Gamliel obligates him”? This comes to tell you the power of Rabban Gamliel, how far he obligates people. Rebbi Abbahu [supported] that of Rebbi Immi. Rebbi Simeon ben Laqish says, the Mishnah, if he sued him for wheat and he admitted barley; but if he sued him for two kinds and he admitted one of them, according to everybody he is obligated. Rav followed Rebbi Simeon ben Laqish: A person went with another to court before Rav. He started claiming from him barley, wheat and spelt. Rav told him, charge him with anything you have to charge, and in the end he will swear one oath about everything. Rebbi Abbahu said, so argued Rebbi Simeon ben Laqish against Rebbi Joḥanan: In your opinion, since you say that if he sued him for two kinds and he admitted one of them, according to everybody he is free, did we not state “if he sued him for vessels and real estate; if he admitted the vessels and denied the real estate, the real estate and denied the vessels”? If he is obligated for vessels about vessels, not so much more vessels for real estate? What does he do with it? He explains it, to transfer an oath to him. But did we not state: If somebody sues another for amphoras of oil, and the defendant admits [that he owes him] vessels”? How do we hold? If he sued him for vessels and oil, and he admitted one of them, everybody agrees that this refers to the claim. But if he sued him for oil and he admitted vessels, everybody agrees that what he admitted does not refer to the claim, for Rebbi Ze‘ira, Rebbi Abuna said in the name of Rav: The Mishnah deals with the case that he sued for vessels full of oil; the ones are full, the others empty. One understands vessels but not oil. Oil but not vessels? Rebbi Eleazar in the name of Rebbi Abun formulates it as oil bucket. Can one not ask him in the end? If he lost his speech.

MISHNAH: Rebbi Jehudah says, if one said ‘a qônām that I shall not taste wine until Passover has come’, he is forbidden only until the night of Passover since he intended only until the time everybody drinks wine. If one said, “a qônām that I shall not taste meat until the fast,’ he is forbidden only until the evening before the fast since he intended only until the time everybody eats meat. His son Rebbi Yose said, if one said ‘a qônām that I shall not taste garlic until the Sabbath,’ he is forbidden only until Friday evening, since he intended only until the time everybody eats garlic. If one says to his friend: A qônām that I shall not have any usufruct from you if you do not come and take for your children a kor of wheat and two amphoras of wine, he can undo his vow without referring to a Sage by saying, you did that only to honor me, that is my honor. Similarly, if one says to his friend: A qônām that you shall not have any usufruct from me if you do not come and give to my child a kor of wheat and two amphoras of wine. Rebbi Meïr says, he is forbidden until he gives, but the Sages say, this one also can undo his vow without referring to a Sage by saying, it is as if I received it.

MISHNAH: Rebbi Jehudah says, if one said ‘a qônām that I shall not taste wine until Passover has come’, he is forbidden only until the night of Passover since he intended only until the time everybody drinks wine. If one said, “a qônām that I shall not taste meat until the fast,’ he is forbidden only until the evening before the fast since he intended only until the time everybody eats meat. His son Rebbi Yose said, if one said ‘a qônām that I shall not taste garlic until the Sabbath,’ he is forbidden only until Friday evening, since he intended only until the time everybody eats garlic. If one says to his friend: A qônām that I shall not have any usufruct from you if you do not come and take for your children a kor of wheat and two amphoras of wine, he can undo his vow without referring to a Sage by saying, you did that only to honor me, that is my honor. Similarly, if one says to his friend: A qônām that you shall not have any usufruct from me if you do not come and give to my child a kor of wheat and two amphoras of wine. Rebbi Meïr says, he is forbidden until he gives, but the Sages say, this one also can undo his vow without referring to a Sage by saying, it is as if I received it.

Then they changed it to clipping. What is clipping? If a man sold his inherited field, his relatives brought amphoras, filled them with roasted kernels and nuts and broke them before children. The children were collecting them and saying, X was clipped from his inheritance. When he brought it back, they were doing the same and saying, X returned to his inheritance. Rebbi Yose ben Rebbi Abun said, also if a man married an unsuitable woman, his relatives brought amphoras, filled them with roasted kernels and nuts and broke them before children. The children were collecting them and saying, X was clipped from his family. When he divorced her, they were doing the same and saying, X returned to his family.

Then they changed it to clipping. What is clipping? If a man sold his inherited field, his relatives brought amphoras, filled them with roasted kernels and nuts and broke them before children. The children were collecting them and saying, X was clipped from his inheritance. When he brought it back, they were doing the same and saying, X returned to his inheritance. Rebbi Yose ben Rebbi Abun said, also if a man married an unsuitable woman, his relatives brought amphoras, filled them with roasted kernels and nuts and broke them before children. The children were collecting them and saying, X was clipped from his family. When he divorced her, they were doing the same and saying, X returned to his family.

From where that non-guaranteed property may be acquired together with guaranteed property, by money, document, or by possession? Rebbi Yose in the name of Ḥizqiah; Rebbi Jonah, Rebbi Ḥanina Tortaya in the name of Ḥizqiah, it is written (2Chr. 21:3): “Their father gave them many gifts, silver and gold and delicacies, with fortified cities in Jehudah.” So far real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Meron was dwelling in Jerusalem, who was rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages and they upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place; here, however, the real estate was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? Is not the sick person for Rebbi Eliezer like the sick person for the rabbis? He said to him: The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

From where that non-guaranteed property may be acquired together with guaranteed property, by money, document, or by possession? Rebbi Yose in the name of Ḥizqiah; Rebbi Jonah, Rebbi Ḥanina Tortaya in the name of Ḥizqiah, it is written (2Chr. 21:3): “Their father gave them many gifts, silver and gold and delicacies, with fortified cities in Jehudah.” So far real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Meron was dwelling in Jerusalem, who was rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages and they upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place; here, however, the real estate was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? Is not the sick person for Rebbi Eliezer like the sick person for the rabbis? He said to him: The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

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

MISHNAH: If somebody hires workers to work with him in his fourth-year plantation, they may not eat. If he did not inform them, he has to redeem it and feed them. If his fig cakes were dislodged or his amphoras opened, they may not eat. If he did not inform them, he has to tithe and feed them.

It was stated: “100 amphoras I am selling to you, he has to deliver wine in the quality which is customarily sold at this place. 100 amphoras of wine I am selling to you, he has to deliver wine in the quality which is customarily sold at this store. These 100 amphoras I am selling to you, even if they were vinegar they are delivered.” Rebbi Ḥiyya bar Abba: If the vessels belonged to the buyer, he may tell him: I sold to you for [immediate] consumption.

It was stated: “100 amphoras I am selling to you, he has to deliver wine in the quality which is customarily sold at this place. 100 amphoras of wine I am selling to you, he has to deliver wine in the quality which is customarily sold at this store. These 100 amphoras I am selling to you, even if they were vinegar they are delivered.” Rebbi Ḥiyya bar Abba: If the vessels belonged to the buyer, he may tell him: I sold to you for [immediate] consumption.

It was stated: “100 amphoras I am selling to you, he has to deliver wine in the quality which is customarily sold at this place. 100 amphoras of wine I am selling to you, he has to deliver wine in the quality which is customarily sold at this store. These 100 amphoras I am selling to you, even if they were vinegar they are delivered.” Rebbi Ḥiyya bar Abba: If the vessels belonged to the buyer, he may tell him: I sold to you for [immediate] consumption.

HALAKHAH: So far if real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Meron was dwelling in Jerusalem who was rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred sheep and a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages, who upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place; here, however, the real estate was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? Would the sick person for Rebbi Eliezer be like the healthy person for the rabbis? He said to him: The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

HALAKHAH: So far if real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Meron was dwelling in Jerusalem who was rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred sheep and a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages, who upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place; here, however, the real estate was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? Would the sick person for Rebbi Eliezer be like the healthy person for the rabbis? He said to him: The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

What happened in Ascalon supports him who said, Simeon ben Sheṭaḥ was president. Two students were in Ascalon. They ate together, drank together, and studied Torah together. One of them died, and nobody attended his funeral. The son of Ma`yan the publican died; the entire city stopped working to attend his funeral. The other student started crying and said woe, do the haters of Israel have no hope? It was shown to him in his dream and said, do not denigrate your Master’s children. This one did one good deed and died with it, the other one committed one sin and died with it. What sin did he commit? Far be it that he committed a sin, but once he put on his head phylacteries before his arm phylacteries. What good deed did the son of publican Ma`yan do? Far be it that he committed a good deed, but once he prepared a breakfast for the city council but they did not show up. He said, let the poor come and eat it, so it should not go to waste. Some say, he was walking in the street, having a loaf under his shoulder. It fell down and a poor person picked it up. He did not say anything in order not to embarrass him. This student saw gardens and water sources. He saw the son of Ma`yan the publican standing on the river bank trying in vain to reach the water. He also saw Miriam, Onion-leaf’s daughter, hanging on her breast nipples; but some say, the door of Hell was fixed in her ear. He asked, [why? They told him, because she fasted and made herself famous among her neighbors. Some say, she fasted one day and was dissolute two days. He asked them] for how long? They told him, when Simeon ben Sheṭaḥ comes, we shall remove it from her ear and put is in his ear. He asked them, what is his misdeed? They told him, because he made a personal vow that if he were elected president, he would kill all sorcerers. But now he was made president and he did not kill them. In fact, there are eighty women in the cave of Ascalon who hurt the world; go and tell him! He told them, he is an important personality, he will not believe me. They told him, he is very meek and will believe you. In case that he will not believe you, take out one of your eyes and put it in your hand. He took out one of his eyes and put it in his hand. They said, return it; it was even with the other. He went and told him. He wanted to perform his miracle before him, but he told him, you do not need to. I know that you are a pious person. Even though I intended so in my thoughts, I never spoke it with my mouth. It was a day of rainstorms. He took eighty select men in clean garments and took with them eighty amphoras. He told them, when I whistle once, put on your garments. When I whistle for the second time, come. When he came to the cave of Ascalon, he said אוים, אוים, open for me, I am one of yours. When he entered, one said what she said and produced bread. One said what she said and produced a dish. One said what she said and produced wine. They asked him, what can you do? He told them, when I whistle twice, I shall bring here eighty select men in dry garments for your pleasure and entertainment. They told him, we desire them. When he whistled, they put on their garments; when he whistled for the second time, they all entered together. He made them a sign for each one to grab one of them and lift her from the earth. Then they did not succeed in what they were trying to do. He told the one who brought bread, bring bread! She did not succeed. He said, take her to be crucified. Bring a dish! She did not succeed. He said, take her to be crucified. Bring wine! She did not succeed. He said, take her to be crucified. This he did to all of them. That is what we have stated: “Simeon ben Shetaḥ hanged eighty women in Ascalon, but one does not try two on the same day.” But the hour needed it.

Rebbi Eleazar said, just as a nail cannot be taken out of a door without [loss of] wood, so it is impossible to get rid of Peˋor without [loss of] life. It happened that Sabbatai from Ulam leased his donkey to a Gentile woman to bow down before Peˋor. When they arrived at Peˋor’s temple, she told him, wait here for me while I am entering and bowing down before Peˋor. After she came out, he told her, wait here for me while I am entering and do what you did. What did he do? He entered, relieved himself, and cleansed himself on Peˋor’s nose. All were praising him and said, nobody yet had done what this man did. It happened that Menaḥem from Guvta-Ariaḥ was occupied with amphoras when the spirit of Peˋor came to him in the night. What did he do? He took a spit, stood up against him; he fled. He came to him in the second night and asked him, Menaḥem, why do you curse me? He was afraid of him and promised him, I shall not curse you in the future. It happened that a ruler came from overseas to bow down before Peˋor. He told them, bring one bull, one ram, and one sheep, to bow down before Peˋor. They told him, you have no need for all of these; you only have to strip yourself for him. What did he do? He provoked סניגורים against them; they were hitting them and smashing their brains with bats, saying to them: woe to you and your error.

MISHNAH: “You are holding for me a kor of grain;” “I am holding for you only a letek of legumes;” he is not liable. “You are holding for me a kor of produce;” “I am holding for you only a letek of legumes;” he is liable since legumes are subsumed under produce. If one sued for wheat and the other acknowledged barley, he is not liable, but Rebbi Simeon declares him liable. Somebody who sued for amphoras of oil and the other admitted to pitchers, Admon says since he admitted of the kind of the claim he has to swear. But the Sages say, the admission is not of the kind of the claim. Rabban Gamliel said, I see the words of Admon. If somebody sued for both vessels and real estate; if [the other] admitted the vessels but denied the real estate, or the real estate and denied the vessels, he is not liable. If he admitted part of the real estate he is not liable. Part of the vessels he is liable since non-guaranteed property obligates guaranteed property to be sworn about.

HALAKHAH: “You are holding for me a kor of grain;” etc. Rebbi Immi in the name of Rebbi Joḥanan: Our Mishnah if he sued him for wheat and he admitted barley; but if he sued him for two kinds and he admitted one of them, everybody agrees that he is not liable. Rebbi Abbahu said about that of Rebbi Immi: Why did we state, “Rabban Gamliel declares him liable”? It comes to inform you of the power of Rabban Gamliel, how far he declares liable. Rebbi Ḥiyya in the name of Rebbi Joḥanan: Not only if he claimed wheat and he admitted barley to him, but if he claimed two kinds and he admitted one of them, the words of the Sages are that he is not liable. Rebbi Simeon ben Laqish said, it is only if he claimed two kinds and he admitted one of them, but if he sued for wheat and he admitted barley according to everybody he is liable. Following Rebbi Simeon ben Laqish: A person went to court before Rav: When he claimed from another wheat, barley, and spelt. Rav told him, wait until he charged you with anything he has to charge, and in the end you will swear one oath about everything. Rebbi Abbahu said, so argued Rebbi Simeon ben Laqish against Rebbi Joḥanan: In your opinion, since you say that if he claimed two kinds and he admitted one of them, according to the Sages he is not liable, did we not state “if he claimed vessels and real estate; if he admitted the vessels and denied the real estate, the real estate and denied the vessels”? For vessels about vessels he is liable, not so much more for vessels and real estate? He answered him, to transfer an oath to him by the following Mishnah, “since guaranteed property obligates non-guaranteed property to be sworn about.” This does not even disagree with Rebbi Simeon ben Laqish. But did we not state: “Somebody who sued for amphoras of oil and he admitted to vessels”? How do we hold? If he sued him for vessels and oil, and he admitted one of them, everybody agrees that this refers to the claim. But if he sued him for vessels and he did (not) admit oil, everybody agrees that what he admitted did not refer to the claim. Rebbi Ze`ira and Rebbi Abbahu in the name of Samuel: If he sued for vessels full of oil, one said vessels but not oil, the other said oil but not vessels. (Thrown) vessels but not oil. Oil but not vessels? Rebbi Eleazar in the name of Rebbi Abin formulates it as oil buckets. Can one not ask him? If he was paralyzed.

He should not send him amphoras sold to the grocer because that is like claiming an unnecessary claim. One should not invite another knowing that he will not accept. He should not offer many gifts of closeness knowing that he does not want [them]. What is “of closeness”? He trusts another corner. And in Jerusalem he was switching his ‘ikhla from right to left.

What is uncut triton? Any where heads and spines exist. Rebbi Eleazar in the name of Rebbi Ḥanina: It happened that on a ship of the House of Rebbi there were more than 300 amphoras. Rebbi checked them all out and found only one where heads and spines were found. He permitted all of them. Rebbi Jacob bar Aḥa said, Rebbi Assi asked, would it not be reasonable that one amphora be permitted but the other amphoras be forbidden? But it was by a pretext. (A sale) was mixed up. Rebbi Ḥaggai asked Rebbi Abba bar Zavda who said to him, the property of the public cannot be forbidden. Rebbi Jacob bar Zavdi said, Rebbi Isaac asked: Is not Cajus Lycus written on these documents, and you say, by a pretext?

What is uncut triton? Any where heads and spines exist. Rebbi Eleazar in the name of Rebbi Ḥanina: It happened that on a ship of the House of Rebbi there were more than 300 amphoras. Rebbi checked them all out and found only one where heads and spines were found. He permitted all of them. Rebbi Jacob bar Aḥa said, Rebbi Assi asked, would it not be reasonable that one amphora be permitted but the other amphoras be forbidden? But it was by a pretext. (A sale) was mixed up. Rebbi Ḥaggai asked Rebbi Abba bar Zavda who said to him, the property of the public cannot be forbidden. Rebbi Jacob bar Zavdi said, Rebbi Isaac asked: Is not Cajus Lycus written on these documents, and you say, by a pretext?

MISHNAH: One may stamp with a Non-Jew in the wine press but one may not harvest with him. With a Jew who works in impurity one neither stamps nor harvests with him but one transports with him amphoras to the wine press and brings with him from the wine press.

It was stated “A Jew and a Gentile who brought their wine into the surroundings of the city, even if the watchmen are Gentile, even if the amphoras are open, they are permitted since one does not make a libation in this way.”

Rebbi Jeremiah asked, if he hired him to break amphoras of libation wine; is it forbidden anyhow?

MISHNAH: If libation wine fell on grapes, one should wash it off and they are permitted; but if they were split they are forbidden. If happened that Boetius ben Zenon brought dried figs in a boat when amphoras of libation wine broke over them. The case came before the Sages and they permitted. This is the principle: Anything where the taste improves the use is forbidden; anything where the taste does not improve its use is permitted, such as vinegar on broken beans.

MISHNAH: If he was eating with him at one table, he put a pitcher on the table and one on a Delphic table, then let him stay there and left. Anything on the table is forbidden, on the Delphic table is permitted. But when he told him, mix with water and drink, also the one on the Delphic table is forbidden. Open amphoras are forbidden, sealed after the time needed to open, and close, and dry.

MISHNAH: If an investigative unit came to a village in times of peace, open amphoras are forbidden and sealed ones permitted. In times of war these and those are permitted since there is no time to make libations.

HALAKHAH: “If libation wine fell into a cistern,” etc. Rebbi Yose, Rebbi Joḥanan in the name of ben Bathyra: If libation wine fell into a cistern, all of it shall be sold to a Gentile except for the value of libation wine. Rebbi Samuel bar Nathan in the name of Rebbi Ḥama: practice follows Rabban Simeon ben Gamliel. Rebbi Yasa said, one of the rabbis came out from the house of assembly and said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. One said, practice follows Rabban Simeon ben Gamliel, and one said, practice does not follow Rabban Simeon ben Gamliel, but Rabban Simeon ben Gamliel agrees that as wine for cooking it is forbidden. Rebbi Bun in the name of Rav: The Sages agree with Rabban Simeon ben Gamliel if it was an amphora among amphoras that all of it shall be sold to a Gentile except for the value of libation wine. Rebbi Ze`ira said before Rebbi Immi: Before this was said did we not know that it was so? Was it said that the Sages agree with Rabban Simeon ben Gamliel, or perhaps was only said that Rabban Gamliel agrees with the Sages? Rebbi Yudan said, Rebbi Ze`ira knew that it was so, but he is like a person who hears something and objects to it.