anan
3946 occurrences across the corpus
The Jerusalem Talmud
There, we have stated: “If a vineyard is planted with less that four cubits of space, Rebbi Simeon says that it is no vineyard. But the Sages say that it is a vineyard and one disregards the plants in the middle as if nonexistent.” Simeon bar Abba in the name of Rebbi Joḥanan: Just as they disagree here, they disagree about a graveyard. Rebbi Jonah said, one cannot compare these. There, they form a graveyard; here, they do not form a graveyard. Rebbi Yose said, one cannot compare these. There, if they were spaced apart and one moved them closer together, that is the disagreement. If they were close and one moved them apart, everybody would agree. But here, what is their disagreement? When one found them close together. Rebbi Simeon said, a landslide fell on them and compressed them. But the Sages say, were they spaced apart and somebody brought them close together?”
HALAKHAH: “Somebody who brings a bill of divorce from overseas,” etc. This is difficult. If somebody brings a gift document from overseas,would you require him to say, it was written and signed before me? Rebbi Joshua ben Levi said, there is a difference because they are not conversant with the fine points of bills of divorce. Rebbi Joḥanan said, that is a leniency lest she sit abandoned. Is that a leniency? It is only a restriction, for if he does not say to her, it was written and signed before me, you do not permit her to remarry. Rebbi Yose said, the difficulty which you impose upon her at the beginning, that he is required to say, it was written and signed before me, makes it easy for her at the end. For if [the husband] would come and protest, his protest would be void. Rebbi Mana wanted to say, a protest other than the text of the bill. But is a protest about the text of the bill a protest which has no validity? Even for a protest which has validity, said Rebbi Yose ben Rebbi Abun, since you say that the reason for the difficulty which you impose upon her at the beginning, that he is required to say, it was signed before me, is to make it easy for her at the end, that if [the husband] would come and protest, his protest would be void; this means that there is no difference whether it is a protest not about the text of the bill or about the body of the bill, a protest which has no validity, or a protest which does have validity! But should you worry that maybe be gave the bill to disqualified witnesses to sign? Rebbi Abun said, he is not suspect to damage her before Heaven. Before the court he is suspect to damage her. But since he knows that if he comes and protests his protest is void, he will choose qualified witnesses to sign.
If [the bill of divorce] contained documentation of a gift and [the messenger] said, it was written and signed before me, is [the husband’s] protest about the gift void since it is void about the divorce? Or, since his protest is void [only] about the divorce, is it valid about the gift? We have stated later: “Bills of divorce for wives and documents of manumission are equal in the rules of carrying and bringing.” If [the document of manumission] contained documentation of a gift and [the messenger] said, it was written and signed before me, is [the master’s] protest about the gift void since it is void about the manumission? Or since his protest is void [only] about the manumission, is it valid about the gift? If somebody signed all his property over to his slave, you say that the gift is the document of manumission. How do you treat this? Is it a document of manumission and his protest is void or is it a gift and his protest is valid? This can be compared to the following: If somebody signed all his property over to two persons in one document and the testimony of the witnesses was valid for one but invalid for the other. Rebbi Ila in the name of Rebbi Immi: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed; one said, since it is invalid for one it is invalid for the other, but the other said, it is valid for one and invalid for the other. Rebbi Mana did not specify; Rebbi Abin specified: Rebbi Joḥanan said, since it is invalid for one it is invalid for the other; but Rebbi Simeon ben Laqish said, it is valid for one and invalid for the other. Rebbi Eleazar said, a Mishnah supports Rebbi Joḥanan: “Since testimony of two [witnesses] is invalid if one of them turns out to be related or disqualified, so also of three [witnesses] it is invalid if one of them turns out to be related or disqualified”. Rebbi Jacob bar Aḥa said, Rebbi Ḥanina the colleague of the rabbis and the rabbis disagree. One says, the argument of Rebbi Eleazar is correct, but the other says, Rebbi Eleazar is not correct. For him who says, the argument of Rebbi Eleazar is correct, it is a testimony about one person; as testimony it is totally invalid if it is partially invalid. For him who says, the argument of Rebbi Eleazar is not correct, it is as if two groups of witnesses came, valid for one and disqualified for the other.
If [the bill of divorce] contained documentation of a gift and [the messenger] said, it was written and signed before me, is [the husband’s] protest about the gift void since it is void about the divorce? Or, since his protest is void [only] about the divorce, is it valid about the gift? We have stated later: “Bills of divorce for wives and documents of manumission are equal in the rules of carrying and bringing.” If [the document of manumission] contained documentation of a gift and [the messenger] said, it was written and signed before me, is [the master’s] protest about the gift void since it is void about the manumission? Or since his protest is void [only] about the manumission, is it valid about the gift? If somebody signed all his property over to his slave, you say that the gift is the document of manumission. How do you treat this? Is it a document of manumission and his protest is void or is it a gift and his protest is valid? This can be compared to the following: If somebody signed all his property over to two persons in one document and the testimony of the witnesses was valid for one but invalid for the other. Rebbi Ila in the name of Rebbi Immi: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed; one said, since it is invalid for one it is invalid for the other, but the other said, it is valid for one and invalid for the other. Rebbi Mana did not specify; Rebbi Abin specified: Rebbi Joḥanan said, since it is invalid for one it is invalid for the other; but Rebbi Simeon ben Laqish said, it is valid for one and invalid for the other. Rebbi Eleazar said, a Mishnah supports Rebbi Joḥanan: “Since testimony of two [witnesses] is invalid if one of them turns out to be related or disqualified, so also of three [witnesses] it is invalid if one of them turns out to be related or disqualified”. Rebbi Jacob bar Aḥa said, Rebbi Ḥanina the colleague of the rabbis and the rabbis disagree. One says, the argument of Rebbi Eleazar is correct, but the other says, Rebbi Eleazar is not correct. For him who says, the argument of Rebbi Eleazar is correct, it is a testimony about one person; as testimony it is totally invalid if it is partially invalid. For him who says, the argument of Rebbi Eleazar is not correct, it is as if two groups of witnesses came, valid for one and disqualified for the other.
If [the bill of divorce] contained documentation of a gift and [the messenger] said, it was written and signed before me, is [the husband’s] protest about the gift void since it is void about the divorce? Or, since his protest is void [only] about the divorce, is it valid about the gift? We have stated later: “Bills of divorce for wives and documents of manumission are equal in the rules of carrying and bringing.” If [the document of manumission] contained documentation of a gift and [the messenger] said, it was written and signed before me, is [the master’s] protest about the gift void since it is void about the manumission? Or since his protest is void [only] about the manumission, is it valid about the gift? If somebody signed all his property over to his slave, you say that the gift is the document of manumission. How do you treat this? Is it a document of manumission and his protest is void or is it a gift and his protest is valid? This can be compared to the following: If somebody signed all his property over to two persons in one document and the testimony of the witnesses was valid for one but invalid for the other. Rebbi Ila in the name of Rebbi Immi: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed; one said, since it is invalid for one it is invalid for the other, but the other said, it is valid for one and invalid for the other. Rebbi Mana did not specify; Rebbi Abin specified: Rebbi Joḥanan said, since it is invalid for one it is invalid for the other; but Rebbi Simeon ben Laqish said, it is valid for one and invalid for the other. Rebbi Eleazar said, a Mishnah supports Rebbi Joḥanan: “Since testimony of two [witnesses] is invalid if one of them turns out to be related or disqualified, so also of three [witnesses] it is invalid if one of them turns out to be related or disqualified”. Rebbi Jacob bar Aḥa said, Rebbi Ḥanina the colleague of the rabbis and the rabbis disagree. One says, the argument of Rebbi Eleazar is correct, but the other says, Rebbi Eleazar is not correct. For him who says, the argument of Rebbi Eleazar is correct, it is a testimony about one person; as testimony it is totally invalid if it is partially invalid. For him who says, the argument of Rebbi Eleazar is not correct, it is as if two groups of witnesses came, valid for one and disqualified for the other.
Only if he says, it was written before me during the day and signed during the day; only if he says, it was written before me especially for her and signed expressly for her. It was asked before Rebbi Joḥanan: Does he have to know the names of the witnesses at the moment of their signing? He said to them, did the Gentiles Luciani sign it? And you say so? A baraita supports Rebbi Joḥanan: “All bills of divorce coming from overseas are valid even if their names sound Gentile since Jews outside the Land of Israel bear Gentile names.” He said only, outside the Land; therefore not in the Land of Israel. What about this? Rebbi Bevai in the name of Rebbi Issi: unless he writes, at a Jewish place. If there is no Jewish place, in the synagogue. If there is no synagogue, he assembles there ten people. Rebbi Abun said, it would be better to certify the signatures than to assemble there ten people. What about this? Even in a Jewish store.
Only if he says, it was written before me during the day and signed during the day; only if he says, it was written before me especially for her and signed expressly for her. It was asked before Rebbi Joḥanan: Does he have to know the names of the witnesses at the moment of their signing? He said to them, did the Gentiles Luciani sign it? And you say so? A baraita supports Rebbi Joḥanan: “All bills of divorce coming from overseas are valid even if their names sound Gentile since Jews outside the Land of Israel bear Gentile names.” He said only, outside the Land; therefore not in the Land of Israel. What about this? Rebbi Bevai in the name of Rebbi Issi: unless he writes, at a Jewish place. If there is no Jewish place, in the synagogue. If there is no synagogue, he assembles there ten people. Rebbi Abun said, it would be better to certify the signatures than to assemble there ten people. What about this? Even in a Jewish store.
If he did not say: “it was written and signed before me”? Should not an Amora have asked this question? He said to him, that is what Rabin ben Rav said: If he brought a bill of divorce, gave it to her, but did not tell her: “It was written and signed before me”? There came a case before Rebbi Joḥanan, who said to him, take it from her and say in front of two [witnesses]: “It was written and signed before me.” Does Rebbi Joḥanan follow Rebbi Simeon ben Eleazar, since Rebbi Simeon ben Eleazar said, it is no bill of divorce unless he tells her at the moment of delivery that it is her bill of divorce? Can the position of Rebbi Joḥanan be derived from Rebbi Simeon ben Eleazar? Would Rebbi Simeon ben Eleazar agree that if he told her at the moment of delivery that it was her bill of divorce it would not be a bill of divorce? But here, even if he tells her at the moment of delivery that it is her bill of divorce, it is no bill of divorce unless he tells her in front of two [witnesses]: “It was written and signed before me.” But Rebbi Joḥanan might hold that a woman cannot be believed if she says, I received a bill of divorce from my husband’s agents. But we did state: “The wife herself can bring her bill of divorce.” Would you not have to be afraid that she might have received the bill from a representative of the husband? How is it? The reason of Rebbi Joḥanan is to make her known as divorcee in front of two [witnesses].
If he did not say: “it was written and signed before me”? Should not an Amora have asked this question? He said to him, that is what Rabin ben Rav said: If he brought a bill of divorce, gave it to her, but did not tell her: “It was written and signed before me”? There came a case before Rebbi Joḥanan, who said to him, take it from her and say in front of two [witnesses]: “It was written and signed before me.” Does Rebbi Joḥanan follow Rebbi Simeon ben Eleazar, since Rebbi Simeon ben Eleazar said, it is no bill of divorce unless he tells her at the moment of delivery that it is her bill of divorce? Can the position of Rebbi Joḥanan be derived from Rebbi Simeon ben Eleazar? Would Rebbi Simeon ben Eleazar agree that if he told her at the moment of delivery that it was her bill of divorce it would not be a bill of divorce? But here, even if he tells her at the moment of delivery that it is her bill of divorce, it is no bill of divorce unless he tells her in front of two [witnesses]: “It was written and signed before me.” But Rebbi Joḥanan might hold that a woman cannot be believed if she says, I received a bill of divorce from my husband’s agents. But we did state: “The wife herself can bring her bill of divorce.” Would you not have to be afraid that she might have received the bill from a representative of the husband? How is it? The reason of Rebbi Joḥanan is to make her known as divorcee in front of two [witnesses].
If he did not say: “it was written and signed before me”? Should not an Amora have asked this question? He said to him, that is what Rabin ben Rav said: If he brought a bill of divorce, gave it to her, but did not tell her: “It was written and signed before me”? There came a case before Rebbi Joḥanan, who said to him, take it from her and say in front of two [witnesses]: “It was written and signed before me.” Does Rebbi Joḥanan follow Rebbi Simeon ben Eleazar, since Rebbi Simeon ben Eleazar said, it is no bill of divorce unless he tells her at the moment of delivery that it is her bill of divorce? Can the position of Rebbi Joḥanan be derived from Rebbi Simeon ben Eleazar? Would Rebbi Simeon ben Eleazar agree that if he told her at the moment of delivery that it was her bill of divorce it would not be a bill of divorce? But here, even if he tells her at the moment of delivery that it is her bill of divorce, it is no bill of divorce unless he tells her in front of two [witnesses]: “It was written and signed before me.” But Rebbi Joḥanan might hold that a woman cannot be believed if she says, I received a bill of divorce from my husband’s agents. But we did state: “The wife herself can bring her bill of divorce.” Would you not have to be afraid that she might have received the bill from a representative of the husband? How is it? The reason of Rebbi Joḥanan is to make her known as divorcee in front of two [witnesses].
If he did not say: “it was written and signed before me”? Should not an Amora have asked this question? He said to him, that is what Rabin ben Rav said: If he brought a bill of divorce, gave it to her, but did not tell her: “It was written and signed before me”? There came a case before Rebbi Joḥanan, who said to him, take it from her and say in front of two [witnesses]: “It was written and signed before me.” Does Rebbi Joḥanan follow Rebbi Simeon ben Eleazar, since Rebbi Simeon ben Eleazar said, it is no bill of divorce unless he tells her at the moment of delivery that it is her bill of divorce? Can the position of Rebbi Joḥanan be derived from Rebbi Simeon ben Eleazar? Would Rebbi Simeon ben Eleazar agree that if he told her at the moment of delivery that it was her bill of divorce it would not be a bill of divorce? But here, even if he tells her at the moment of delivery that it is her bill of divorce, it is no bill of divorce unless he tells her in front of two [witnesses]: “It was written and signed before me.” But Rebbi Joḥanan might hold that a woman cannot be believed if she says, I received a bill of divorce from my husband’s agents. But we did state: “The wife herself can bring her bill of divorce.” Would you not have to be afraid that she might have received the bill from a representative of the husband? How is it? The reason of Rebbi Joḥanan is to make her known as divorcee in front of two [witnesses].
If he did not say: “it was written and signed before me”? Should not an Amora have asked this question? He said to him, that is what Rabin ben Rav said: If he brought a bill of divorce, gave it to her, but did not tell her: “It was written and signed before me”? There came a case before Rebbi Joḥanan, who said to him, take it from her and say in front of two [witnesses]: “It was written and signed before me.” Does Rebbi Joḥanan follow Rebbi Simeon ben Eleazar, since Rebbi Simeon ben Eleazar said, it is no bill of divorce unless he tells her at the moment of delivery that it is her bill of divorce? Can the position of Rebbi Joḥanan be derived from Rebbi Simeon ben Eleazar? Would Rebbi Simeon ben Eleazar agree that if he told her at the moment of delivery that it was her bill of divorce it would not be a bill of divorce? But here, even if he tells her at the moment of delivery that it is her bill of divorce, it is no bill of divorce unless he tells her in front of two [witnesses]: “It was written and signed before me.” But Rebbi Joḥanan might hold that a woman cannot be believed if she says, I received a bill of divorce from my husband’s agents. But we did state: “The wife herself can bring her bill of divorce.” Would you not have to be afraid that she might have received the bill from a representative of the husband? How is it? The reason of Rebbi Joḥanan is to make her known as divorcee in front of two [witnesses].
Rebbi Abba in the name of Rav, Rebbi Ze‘ira in the name of Abba bar Ḥana: Two who brought a bill of divorce do not have to declare: It was written before us and signed before us. Rebbi Yose ben Yose in the name of Rebbi Joḥanan: They have to. He himself who brought the bill of divorce does not have to deliver the bill in the presence of two [witnesses] in order to declare her a divorcee in the presence of two. “If he gave her the bill, took it from her, and threw it into the sea or into a river. If later he says to her that it was an empty papyrus or a paid bond, he cannot be believed to disqualify her.” Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: If he cannot disqualify her, who can? He said to him, since she was declared a divorcee in the presence of two [witnesses], he cannot be believed to disqualify her. If he gave her a bill of divorce which was found to be invalid, they forced him to give her a replacement. This case came before the rabbis and they declared it valid. Did we not say, he cannot be believed to disqualify her? There, the flaw was not proved; here the flaw was proved. As the following: Ḥinena, the son of Rebbi Asi, was a medical doctor and threw a bill of divorce to his wife. She cried. Her neighbor came, grabbed it from her, and gave her an empty papyrus. The case came before the rabbis and they took it into account. But did not Rebbi Yasa say in Rebbi Joḥanan’s name: If the designation was checked and found to be based on [the testimony of] women or children, the designation is invalid? There, the designation was not mentioned. But here the name “bill of divorce” was mentioned. And some want to say, if he asserted that it was a valid bill of divorce, but she cried, her neighbor came, grabbed it from her, and gave her an empty papyrus.
Rebbi Abba in the name of Rav, Rebbi Ze‘ira in the name of Abba bar Ḥana: Two who brought a bill of divorce do not have to declare: It was written before us and signed before us. Rebbi Yose ben Yose in the name of Rebbi Joḥanan: They have to. He himself who brought the bill of divorce does not have to deliver the bill in the presence of two [witnesses] in order to declare her a divorcee in the presence of two. “If he gave her the bill, took it from her, and threw it into the sea or into a river. If later he says to her that it was an empty papyrus or a paid bond, he cannot be believed to disqualify her.” Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: If he cannot disqualify her, who can? He said to him, since she was declared a divorcee in the presence of two [witnesses], he cannot be believed to disqualify her. If he gave her a bill of divorce which was found to be invalid, they forced him to give her a replacement. This case came before the rabbis and they declared it valid. Did we not say, he cannot be believed to disqualify her? There, the flaw was not proved; here the flaw was proved. As the following: Ḥinena, the son of Rebbi Asi, was a medical doctor and threw a bill of divorce to his wife. She cried. Her neighbor came, grabbed it from her, and gave her an empty papyrus. The case came before the rabbis and they took it into account. But did not Rebbi Yasa say in Rebbi Joḥanan’s name: If the designation was checked and found to be based on [the testimony of] women or children, the designation is invalid? There, the designation was not mentioned. But here the name “bill of divorce” was mentioned. And some want to say, if he asserted that it was a valid bill of divorce, but she cried, her neighbor came, grabbed it from her, and gave her an empty papyrus.
HALAKHAH: “Rebbi Jehudah says, from Reqam to the East,” etc. Rebbi Joḥanan told the people of Sepphoris: You say in the name of Rebbi Joḥanan, even a person who brings a bill of divorce from Babylonia does not have to say “it was written and signed before me.” But I am saying that it is necessary, for there is a Mishnah: “Rebbi Jehudah says, from Reqam to the East and Reqam belongs to the East.” And even if you say that they disagree with Rebbi Jehudah and say that Reqam does not belong to the East, what about from Babylonia to here? Rav said, we consider ourselves as in the Land of Israel in the matter of bills of divorce. But Samuel said, even from one city quarter to another. He asked before him to change his opinion, when Cahana told him, what would we do with the earlier cases of women who remarried? He said to him, what do you have in your hand? For he was of Rebbi’s opinion as it was stated: If somebody brings a bill of divorce from overseas which was neither written nor signed in his presence, she has to leave under the thirteen penalties, the words of Rebbi. But the Sages did not agree in this matter.
HALAKHAH: “Rebbi Jehudah says, from Reqam to the East,” etc. Rebbi Joḥanan told the people of Sepphoris: You say in the name of Rebbi Joḥanan, even a person who brings a bill of divorce from Babylonia does not have to say “it was written and signed before me.” But I am saying that it is necessary, for there is a Mishnah: “Rebbi Jehudah says, from Reqam to the East and Reqam belongs to the East.” And even if you say that they disagree with Rebbi Jehudah and say that Reqam does not belong to the East, what about from Babylonia to here? Rav said, we consider ourselves as in the Land of Israel in the matter of bills of divorce. But Samuel said, even from one city quarter to another. He asked before him to change his opinion, when Cahana told him, what would we do with the earlier cases of women who remarried? He said to him, what do you have in your hand? For he was of Rebbi’s opinion as it was stated: If somebody brings a bill of divorce from overseas which was neither written nor signed in his presence, she has to leave under the thirteen penalties, the words of Rebbi. But the Sages did not agree in this matter.
HALAKHAH: “Somebody who brings a bill of divorce from the Land of Israel,” etc. Who protests? Rav Ḥisda said, the husband protests. Rebbi Yose said, the buyers protest, lest she repossess from them. Rebbi asked: So far a protest which does not concern the text of the bill. A protest which concerns the text of the bill is in dispute between Rebbi Joḥanan and the rabbis there. In the opinion of the rabbis there, there is no difference to a protest concerning or not concerning the body of the bill. A protest not concerning the text of the bill is void, a protest concerning the text of the bill is valid.
Why are Samaritans disqualified? Rebbi Joḥanan said, because they are lions’ proselytes. But if somebody converted not for Heaven’s sake and then converted for Heaven’s sake, does one not accept him? Rebbi Joḥanan in the name of Rebbi Eleazar: Because the child is a bastard if a Gentile or a slave have intercourse with a Jewish woman. But did not Rebbi Aqiba say, they are genuine proselytes? Because they require levirate marriage from the preliminarily married and free the definitively married. But do not the rabbis say, there is no bastard from a sister-in-law? Because they are not conversant with the fine points in writing bills of divorce. But does not Rabban Gamliel accept their bills of divorce? Rebbi Jacob bar Idi in the name of Rebbi Joḥanan: Because they intermingled with the priests of the High Places: “He chose priests from the borderline of the people,”. Rebbi Ila said, from the “thorns” of the people, i. e., from the disqualified of the people.
Why are Samaritans disqualified? Rebbi Joḥanan said, because they are lions’ proselytes. But if somebody converted not for Heaven’s sake and then converted for Heaven’s sake, does one not accept him? Rebbi Joḥanan in the name of Rebbi Eleazar: Because the child is a bastard if a Gentile or a slave have intercourse with a Jewish woman. But did not Rebbi Aqiba say, they are genuine proselytes? Because they require levirate marriage from the preliminarily married and free the definitively married. But do not the rabbis say, there is no bastard from a sister-in-law? Because they are not conversant with the fine points in writing bills of divorce. But does not Rabban Gamliel accept their bills of divorce? Rebbi Jacob bar Idi in the name of Rebbi Joḥanan: Because they intermingled with the priests of the High Places: “He chose priests from the borderline of the people,”. Rebbi Ila said, from the “thorns” of the people, i. e., from the disqualified of the people.
Why are Samaritans disqualified? Rebbi Joḥanan said, because they are lions’ proselytes. But if somebody converted not for Heaven’s sake and then converted for Heaven’s sake, does one not accept him? Rebbi Joḥanan in the name of Rebbi Eleazar: Because the child is a bastard if a Gentile or a slave have intercourse with a Jewish woman. But did not Rebbi Aqiba say, they are genuine proselytes? Because they require levirate marriage from the preliminarily married and free the definitively married. But do not the rabbis say, there is no bastard from a sister-in-law? Because they are not conversant with the fine points in writing bills of divorce. But does not Rabban Gamliel accept their bills of divorce? Rebbi Jacob bar Idi in the name of Rebbi Joḥanan: Because they intermingled with the priests of the High Places: “He chose priests from the borderline of the people,”. Rebbi Ila said, from the “thorns” of the people, i. e., from the disqualified of the people.
Rebbi Aḥa said, the acts of a Gentile court are public knowledge. Then even if both [witnesses] are Samaritan? Did one not say that they are not conversant with the fine points in writing bills of divorce? But Rebbi Simeon validates their bills of divorce! Rebbi Abba in the name of Rebbi Ze‘ira: It turns out that Rebbi Simeon agrees with Rebbi Eleazar. Just as Rebbi Eleazar said, even if no witnesses signed on it, it is valid, so Rebbi Simeon said, even if no witnesses signed on it, it is valid. But then even if it was made by private persons? This shows that it was necessary that Rebbi Jacob bar Aḥa said, the acts of a Gentile court are public knowledge. A bond was executed in Bet Shean, whose witnesses were Gentiles. Rebbi Yose says, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree, one said it is invalid, the other said it is valid. Rebbi Abbahu explained: Rebbi Joḥanan said it is invalid, Rebbi Simeon ben Laqish said it is valid. What is Rebbi Simeon ben Laqish’s reason? That a Jew should not lose money. But if that one would not lose money, the other would lose money! Rebbi Yudan said, it must be in order not to close the door before people, for tomorrow one would look to borrow but does not succeed.
Rebbi Aḥa said, the acts of a Gentile court are public knowledge. Then even if both [witnesses] are Samaritan? Did one not say that they are not conversant with the fine points in writing bills of divorce? But Rebbi Simeon validates their bills of divorce! Rebbi Abba in the name of Rebbi Ze‘ira: It turns out that Rebbi Simeon agrees with Rebbi Eleazar. Just as Rebbi Eleazar said, even if no witnesses signed on it, it is valid, so Rebbi Simeon said, even if no witnesses signed on it, it is valid. But then even if it was made by private persons? This shows that it was necessary that Rebbi Jacob bar Aḥa said, the acts of a Gentile court are public knowledge. A bond was executed in Bet Shean, whose witnesses were Gentiles. Rebbi Yose says, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree, one said it is invalid, the other said it is valid. Rebbi Abbahu explained: Rebbi Joḥanan said it is invalid, Rebbi Simeon ben Laqish said it is valid. What is Rebbi Simeon ben Laqish’s reason? That a Jew should not lose money. But if that one would not lose money, the other would lose money! Rebbi Yudan said, it must be in order not to close the door before people, for tomorrow one would look to borrow but does not succeed.
HALAKHAH: If one says, “give this bill of divorce to my wife,” etc. Elsewhere you say that “give” means “bring”, but here you say that “give” means “acquire”! So is the Mishnah: “Acquire this bill of divorce for my wife; acquire this document of manumission for my slave.” The formulation of the Mishnah says so: “Because one may bestow benefit on a person in his absence but put a detriment on a person only in his presence.” Rebbi Meïr says, it is a detriment for either of them, but the Sages say it is a benefit for the slave but a detriment for the wife. Rebbi Ḥiyya bar Abba said, Rebbi Joḥanan asked: Think of it, if he was the slave of a rich person, would it not be a detriment for the slave? The colleagues said, Rebbi Joḥanan asked: Think of it, if she was the wife of a man suffering from boils, would it not be a benefit for the woman? You have only the following: If one sells his slave without the latter’s knowledge, is the sale of the slave not valid? If one divorces his wife without her knowledge, is the divorce valid because she was acquired by him? Rebbi Abin said, he is his property but he disqualifies him for heave.
HALAKHAH: If one says, “give this bill of divorce to my wife,” etc. Elsewhere you say that “give” means “bring”, but here you say that “give” means “acquire”! So is the Mishnah: “Acquire this bill of divorce for my wife; acquire this document of manumission for my slave.” The formulation of the Mishnah says so: “Because one may bestow benefit on a person in his absence but put a detriment on a person only in his presence.” Rebbi Meïr says, it is a detriment for either of them, but the Sages say it is a benefit for the slave but a detriment for the wife. Rebbi Ḥiyya bar Abba said, Rebbi Joḥanan asked: Think of it, if he was the slave of a rich person, would it not be a detriment for the slave? The colleagues said, Rebbi Joḥanan asked: Think of it, if she was the wife of a man suffering from boils, would it not be a benefit for the woman? You have only the following: If one sells his slave without the latter’s knowledge, is the sale of the slave not valid? If one divorces his wife without her knowledge, is the divorce valid because she was acquired by him? Rebbi Abin said, he is his property but he disqualifies him for heave.
“If somebody says, I freed my slave Ṭabi, I shall free him, he is free, he acquired.” Rebbi Inaia in the name of Rebbi Joḥanan: But only by a document. “He should be freed, Rebbi says, he acquired, but for the Sages he did not acquire. Give this document of manumission, and he died, Rebbi says, he did not acquire but the Sages say, he did acquire; one forces the heirs to fulfill the instructions of the deceased.” Rebbi Ze‘ira said, they disagree if he did not specify. How do we hold? If he said, “free him”, Rebbi will agree. If he said, “write and deliver,” the Sages will agree. But we deal with the case that he said “give”. Rebbi says, one who says “give” is like one who said “write and deliver,” but the Sages say, one who says “give” is like one who said “free him”.
If there were four signatures and he said, “it was written and signed by two witnesses before me; I do not know anything about the other two.” That is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish, who disagreed: If he said to ten people, sign the bill of divorce, and some signed on that day and some the next day. Rebbi Simeon ben Laqish said, it is valid, for the remainder are only because of the condition. Rebbi Joḥanan said it is invalid unless all sign on the same day.
If there were four signatures and he said, “it was written and signed by two witnesses before me; I do not know anything about the other two.” That is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish, who disagreed: If he said to ten people, sign the bill of divorce, and some signed on that day and some the next day. Rebbi Simeon ben Laqish said, it is valid, for the remainder are only because of the condition. Rebbi Joḥanan said it is invalid unless all sign on the same day.
Rebbi Yasa said in the name of Rebbi Joḥanan: If it is presented by him personally. Rebbi Ze‘ira was looking at him. He asked, why are you looking at me? Even if it is presented by another person. It meansthat Rebbi Yasa before he changed his mind followed Rebbi Immi. Rebbi Mana said, even after he changed his mind it can be explained following him. There is a difference between two witnesses to the writing and two witnesses to the signing. Signing before two [witnesses] is empowered, writing before two is not empowered.
HALAKHAH: “If it was written during daytime and signed during daytime,” etc. Rebbi Joḥanan said, it is invalid because of the usufruct. Rebbi Simeon ben Laqish told him, then you should also be suspicious of the bills of divorce brought from overseas; maybe they were written during daytime and signed in the night! He answered him, there the forgery is intrinsic, here it is extrinsic.
Rebbi Joḥanan said, Rebbi Simeon stated this only for the night; but on the next day even Rebbi Simeon will agree. But Rebbi Simeon ben Laqish said, there is no difference, whether night, or the next day, or after many days. What is the next day? Rebbi Ḥanania and Rebbi Mana, one said the next day, the other said the day after the next. The statement of Rebbi Joḥanan about Rebbi Simeon (ben Laqish) is difficult! So says Rebbi Abba in the name of Rebbi Ze‘ira: It turns out that Rebbi Simeon (ben Laqish) agrees with Rebbi Eleazar. Just as Rebbi Eleazar said, even if there are no witnesses signed on it, it is valid, so Rebbi Simeon said, even if there are no witnesses signed on it, it is valid. Rebbi Samuel, the brother of Rebbi Berekhiah, said: Here, if he wants the document to be signed, there if she does not want the document to be signed. If he said to ten people, sign the bill of divorce, and some signed today and some the next day. Rebbi Simeon ben Laqish said, it is valid for the remainder [are signing] only because of the condition. Rebbi Joḥanan said it is invalid unless all sign on the same day. Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: There was a case that one said to ten people, sign the bill of divorce, and some signed on that day and some the next day. The case came before the rabbis who reluctantly declared it valid. This supports Rebbi Joḥanan from the position of the rabbis and disagrees with Rebbi Simeon. This supports Rebbi Simeon ben Laqish from the position of Rebbi Simeon and disagrees with the rabbis.
Rebbi Joḥanan said, Rebbi Simeon stated this only for the night; but on the next day even Rebbi Simeon will agree. But Rebbi Simeon ben Laqish said, there is no difference, whether night, or the next day, or after many days. What is the next day? Rebbi Ḥanania and Rebbi Mana, one said the next day, the other said the day after the next. The statement of Rebbi Joḥanan about Rebbi Simeon (ben Laqish) is difficult! So says Rebbi Abba in the name of Rebbi Ze‘ira: It turns out that Rebbi Simeon (ben Laqish) agrees with Rebbi Eleazar. Just as Rebbi Eleazar said, even if there are no witnesses signed on it, it is valid, so Rebbi Simeon said, even if there are no witnesses signed on it, it is valid. Rebbi Samuel, the brother of Rebbi Berekhiah, said: Here, if he wants the document to be signed, there if she does not want the document to be signed. If he said to ten people, sign the bill of divorce, and some signed today and some the next day. Rebbi Simeon ben Laqish said, it is valid for the remainder [are signing] only because of the condition. Rebbi Joḥanan said it is invalid unless all sign on the same day. Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: There was a case that one said to ten people, sign the bill of divorce, and some signed on that day and some the next day. The case came before the rabbis who reluctantly declared it valid. This supports Rebbi Joḥanan from the position of the rabbis and disagrees with Rebbi Simeon. This supports Rebbi Simeon ben Laqish from the position of Rebbi Simeon and disagrees with the rabbis.
Rebbi Joḥanan said, Rebbi Simeon stated this only for the night; but on the next day even Rebbi Simeon will agree. But Rebbi Simeon ben Laqish said, there is no difference, whether night, or the next day, or after many days. What is the next day? Rebbi Ḥanania and Rebbi Mana, one said the next day, the other said the day after the next. The statement of Rebbi Joḥanan about Rebbi Simeon (ben Laqish) is difficult! So says Rebbi Abba in the name of Rebbi Ze‘ira: It turns out that Rebbi Simeon (ben Laqish) agrees with Rebbi Eleazar. Just as Rebbi Eleazar said, even if there are no witnesses signed on it, it is valid, so Rebbi Simeon said, even if there are no witnesses signed on it, it is valid. Rebbi Samuel, the brother of Rebbi Berekhiah, said: Here, if he wants the document to be signed, there if she does not want the document to be signed. If he said to ten people, sign the bill of divorce, and some signed today and some the next day. Rebbi Simeon ben Laqish said, it is valid for the remainder [are signing] only because of the condition. Rebbi Joḥanan said it is invalid unless all sign on the same day. Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: There was a case that one said to ten people, sign the bill of divorce, and some signed on that day and some the next day. The case came before the rabbis who reluctantly declared it valid. This supports Rebbi Joḥanan from the position of the rabbis and disagrees with Rebbi Simeon. This supports Rebbi Simeon ben Laqish from the position of Rebbi Simeon and disagrees with the rabbis.
Rebbi Joḥanan said, Rebbi Simeon stated this only for the night; but on the next day even Rebbi Simeon will agree. But Rebbi Simeon ben Laqish said, there is no difference, whether night, or the next day, or after many days. What is the next day? Rebbi Ḥanania and Rebbi Mana, one said the next day, the other said the day after the next. The statement of Rebbi Joḥanan about Rebbi Simeon (ben Laqish) is difficult! So says Rebbi Abba in the name of Rebbi Ze‘ira: It turns out that Rebbi Simeon (ben Laqish) agrees with Rebbi Eleazar. Just as Rebbi Eleazar said, even if there are no witnesses signed on it, it is valid, so Rebbi Simeon said, even if there are no witnesses signed on it, it is valid. Rebbi Samuel, the brother of Rebbi Berekhiah, said: Here, if he wants the document to be signed, there if she does not want the document to be signed. If he said to ten people, sign the bill of divorce, and some signed today and some the next day. Rebbi Simeon ben Laqish said, it is valid for the remainder [are signing] only because of the condition. Rebbi Joḥanan said it is invalid unless all sign on the same day. Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: There was a case that one said to ten people, sign the bill of divorce, and some signed on that day and some the next day. The case came before the rabbis who reluctantly declared it valid. This supports Rebbi Joḥanan from the position of the rabbis and disagrees with Rebbi Simeon. This supports Rebbi Simeon ben Laqish from the position of Rebbi Simeon and disagrees with the rabbis.
HALAKHAH: “One writes with anything,” etc. “He shall write”, not engrave. “He shall write”, not dropping points. “He shall write”, not pouring. “He shall write”, not engrave; some Tannaïm state, he even may engrave. Rav Ḥisda said, he who says not to engrave, if the writing stands out as on a denar. He who says even to engrave, as on a writing tablet. “He shall write”, not dropping points; Rebbi Yudan bar Shalom and Rebbi Mattaniah: One said, if he did not connect the points; the other said, even if he connected the points. “He shall write”, not pouring. Rebbi Ḥiyya bar Abba said, those Orientals are very sophisticated. If one of them wants to write a secret letter to another, he writes with juice of gall-nuts. The recipient pours ink without gall over it, which is absorbed at the place of the writing. If one did that on the Sabbath, what? There, we have stated: “Writing on top of writing is not prosecutable.” Rebbi Joḥanan and Rebbi Simeon ben Laqish both said, only if he wrote ink on ink or vermilion on vermilion. But if he wrote ink on vermilion or vermilion on ink, he is guilty. Rebbi Isaac bar Mesharshia in the name of the rabbis from there: He is doubly guilty, once for erasing and once for writing.
If the witnesses do not know how to sign. Rebbi Simeon ben Laqish said, one sketches for them in ink and they sign with vermilion, or with vermilion and they sign in ink. Rebbi Joḥanan told him, because we are occupied with the rules of the Sabbath, should we permit a married woman? But he brings an blank sheet of paper and cuts it before them. Would it not have been the first person’s handwriting? One has to widen the cuts. Rebbi Mana said, why do we not say that one sketches for them with water? If he would come and protest, his protest would be accepted. If somebody tears into skin in the form of writing it is valid. If somebody sketches on skin in the form of writing it is invalid.
HALAKHAH: “One does not write on anything connected to the ground,” etc. This does not disagree with Rebbi Joḥanan, since Rebbi Joḥanan said, writing the essential text with the formula is valid. Rebbi Simeon ben Laqish said, writing the essential text with the formula is invalid. Samuel bar Abba asked: If he wrote and signed it when detached, then he connected it again, detached it, and delivered it to her; what does Rebbi Jehudah say? Rebbi Eleazar said, Rebbi Abin asked: If he wrote and signed it when detached, then he connected again, signed, and detached it, and delivered it to her; what do the rabbis say?
HALAKHAH: “One does not write on anything connected to the ground,” etc. This does not disagree with Rebbi Joḥanan, since Rebbi Joḥanan said, writing the essential text with the formula is valid. Rebbi Simeon ben Laqish said, writing the essential text with the formula is invalid. Samuel bar Abba asked: If he wrote and signed it when detached, then he connected it again, detached it, and delivered it to her; what does Rebbi Jehudah say? Rebbi Eleazar said, Rebbi Abin asked: If he wrote and signed it when detached, then he connected again, signed, and detached it, and delivered it to her; what do the rabbis say?
HALAKHAH: “Everybody is acceptable to write the bill of divorce,” etc. Rav Huna said, only if a sane person watches over them. Rebbi Joḥanan asked: But is it not written: “He shall write for her,” in her name? Samuel said, it is necessary that one reserve the essential text for him. This follows what Rebbi Simeon ben Laqish said, writing the essential text with the formula is invalid.
HALAKHAH: “If the minor received it and became an adult,” etc. There came a case before Rebbi Immi that a slave brought a bill of divorce; [he declared it] valid. Rebbi Abba said to him, did not Rebbi Ḥiyya state that if a slave brought a bill of divorce, it would be invalid? Rebbi Assi said, if not for Rebbi Abba, we would have permitted a married woman! Even if you say that Rebbi Assi did not accept what Rebbi Ḥiyya stated, did he not accept what the rabbis said? Let us hear from the following which Rebbi Ze‘ira, Rebbi Ḥiyya said in the name of Rebbi Joḥanan: It is reasonable that a slave could accept a bill of manumission [for delivery] but he should not accept [a bill of divorce] as we do. They thought, he formulated “he should not accept,” therefore, if he transgressed and accepted, it would be valid. Rebbi Jacob bar Aḥa in the name of Rav Hoshaiah: It happened that she was a Cohen’s wife and they were not afraid of a hint of invalidity.
Think of it, if she stayed in Rome ten years and remarried! Rebbi Joḥanan said, the Mishnah if he said to her, you shall only be divorced [by this document] at place X.
Rav said, none of these are invalid except for the last which is invalid. Issi said, all are invalid except for the first which is not invalid. Rebbi Abba bar Ḥinena said, all are invalid. The word of Rebbi Simeon ben Laqish implied that all are invalid since Rebbi Simeon ben Laqish said, if he wrote the essential text with the formula, it is invalid. The word of Rebbi Joḥanan implied that none are invalid since Rebbi Joḥanan said, if he wrote the essential text with the formula, it is valid. Does the word of Rebbi Eleazar imply that none are invalid? Since Rebbi Eleazar asked: if one wrote a bill of preliminary marriage not for a specific name, does preliminary marriage take hold? If he had a problem with divorce, would he ask about preliminary marriage? Since in the case of divorce, where the document is required to be for a specific name and he did not write for a specific name, divorce will not touch her, is it not logical that in the case of preliminary marriage, where a specific name is not required and he did not write for a specific name, preliminary marriage take hold with her? That should be obvious to him. Really, the following is obvious to him: Since one inferred the bill of preliminary marriage only from divorce, and in the case of divorce she is not divorced, in the case of preliminary marriage she is not preliminarily married.
Rav said, none of these are invalid except for the last which is invalid. Issi said, all are invalid except for the first which is not invalid. Rebbi Abba bar Ḥinena said, all are invalid. The word of Rebbi Simeon ben Laqish implied that all are invalid since Rebbi Simeon ben Laqish said, if he wrote the essential text with the formula, it is invalid. The word of Rebbi Joḥanan implied that none are invalid since Rebbi Joḥanan said, if he wrote the essential text with the formula, it is valid. Does the word of Rebbi Eleazar imply that none are invalid? Since Rebbi Eleazar asked: if one wrote a bill of preliminary marriage not for a specific name, does preliminary marriage take hold? If he had a problem with divorce, would he ask about preliminary marriage? Since in the case of divorce, where the document is required to be for a specific name and he did not write for a specific name, divorce will not touch her, is it not logical that in the case of preliminary marriage, where a specific name is not required and he did not write for a specific name, preliminary marriage take hold with her? That should be obvious to him. Really, the following is obvious to him: Since one inferred the bill of preliminary marriage only from divorce, and in the case of divorce she is not divorced, in the case of preliminary marriage she is not preliminarily married.
Rebbi Ḥanania in the name of Rebbi Abin bar Ḥiyya, [this is Rebbi’s opinion.] Rebbi Joḥanan said, and it was stated so: “All conditions invalidate a bill of divorce, the words of Rebbi. But the Sages say, what invalidates orally invalidates in writing, and what does not invalidate orally does not invalidate in writing.” “You are permitted to marry anybody except Mr. X,” because this invalidates orally it invalidates in writing. “This is your bill of divorce on condition that you give me 200 zuz”; because this does not invalidate orally it does not invalidate in writing. Rebbi Yudan said, when do they disagree? If he rescinded his condition. But if he did nor rescind his condition, even Rebbi agrees. Otherwise, we would have to say that all conditions which were stated for bills of divorce do not follow Rebbi. Rebbi Ḥinena said, there when he writes “on condition,” here if he gives “on condition.” Rebbi Ezra asked before Rebbi Mana: Does this imply that Rebbi does not recognize formulaic texts? He answered him, about whom do you ask? About Rebbi! He follows Rebbi Jehudah, for Rebbi Jehudah invalidates formulaic texts. Rebbi Simeon ben Laqish said, everybody agrees that all conditions invalidate a bill of divorce. There came a case before Rebbi Jeremiah and he acted following Rebbi Simeon ben Laqish. Rebbi Yose said to him, does one neglect Rebbi Joḥanan and act following Rebbi Simeon ben Laqish? He answered him, is Rebbi Joḥanan’s instruction an instruction but Rebbi Simeon ben Laqish’s instruction not an instruction? Rebbi Jacob bar Aḥa said, it is not that Rebbi Simeon ben Laqish disagrees with Rebbi Joḥanan, but he understood a baraita and acted accordingly. Rebbi Yose ben Rebbi Abun said, not that Rebbi Simeon ben Laqish fights against Rebbi Joḥanan when he disagrees with him only to extract a ruling from him. If he finds a baraita, he depends on it; if he does not find a baraita, he retracts his opinion before Rebbi Joḥanan’s opinion.
Rebbi Ḥanania in the name of Rebbi Abin bar Ḥiyya, [this is Rebbi’s opinion.] Rebbi Joḥanan said, and it was stated so: “All conditions invalidate a bill of divorce, the words of Rebbi. But the Sages say, what invalidates orally invalidates in writing, and what does not invalidate orally does not invalidate in writing.” “You are permitted to marry anybody except Mr. X,” because this invalidates orally it invalidates in writing. “This is your bill of divorce on condition that you give me 200 zuz”; because this does not invalidate orally it does not invalidate in writing. Rebbi Yudan said, when do they disagree? If he rescinded his condition. But if he did nor rescind his condition, even Rebbi agrees. Otherwise, we would have to say that all conditions which were stated for bills of divorce do not follow Rebbi. Rebbi Ḥinena said, there when he writes “on condition,” here if he gives “on condition.” Rebbi Ezra asked before Rebbi Mana: Does this imply that Rebbi does not recognize formulaic texts? He answered him, about whom do you ask? About Rebbi! He follows Rebbi Jehudah, for Rebbi Jehudah invalidates formulaic texts. Rebbi Simeon ben Laqish said, everybody agrees that all conditions invalidate a bill of divorce. There came a case before Rebbi Jeremiah and he acted following Rebbi Simeon ben Laqish. Rebbi Yose said to him, does one neglect Rebbi Joḥanan and act following Rebbi Simeon ben Laqish? He answered him, is Rebbi Joḥanan’s instruction an instruction but Rebbi Simeon ben Laqish’s instruction not an instruction? Rebbi Jacob bar Aḥa said, it is not that Rebbi Simeon ben Laqish disagrees with Rebbi Joḥanan, but he understood a baraita and acted accordingly. Rebbi Yose ben Rebbi Abun said, not that Rebbi Simeon ben Laqish fights against Rebbi Joḥanan when he disagrees with him only to extract a ruling from him. If he finds a baraita, he depends on it; if he does not find a baraita, he retracts his opinion before Rebbi Joḥanan’s opinion.
Rebbi Ḥanania in the name of Rebbi Abin bar Ḥiyya, [this is Rebbi’s opinion.] Rebbi Joḥanan said, and it was stated so: “All conditions invalidate a bill of divorce, the words of Rebbi. But the Sages say, what invalidates orally invalidates in writing, and what does not invalidate orally does not invalidate in writing.” “You are permitted to marry anybody except Mr. X,” because this invalidates orally it invalidates in writing. “This is your bill of divorce on condition that you give me 200 zuz”; because this does not invalidate orally it does not invalidate in writing. Rebbi Yudan said, when do they disagree? If he rescinded his condition. But if he did nor rescind his condition, even Rebbi agrees. Otherwise, we would have to say that all conditions which were stated for bills of divorce do not follow Rebbi. Rebbi Ḥinena said, there when he writes “on condition,” here if he gives “on condition.” Rebbi Ezra asked before Rebbi Mana: Does this imply that Rebbi does not recognize formulaic texts? He answered him, about whom do you ask? About Rebbi! He follows Rebbi Jehudah, for Rebbi Jehudah invalidates formulaic texts. Rebbi Simeon ben Laqish said, everybody agrees that all conditions invalidate a bill of divorce. There came a case before Rebbi Jeremiah and he acted following Rebbi Simeon ben Laqish. Rebbi Yose said to him, does one neglect Rebbi Joḥanan and act following Rebbi Simeon ben Laqish? He answered him, is Rebbi Joḥanan’s instruction an instruction but Rebbi Simeon ben Laqish’s instruction not an instruction? Rebbi Jacob bar Aḥa said, it is not that Rebbi Simeon ben Laqish disagrees with Rebbi Joḥanan, but he understood a baraita and acted accordingly. Rebbi Yose ben Rebbi Abun said, not that Rebbi Simeon ben Laqish fights against Rebbi Joḥanan when he disagrees with him only to extract a ruling from him. If he finds a baraita, he depends on it; if he does not find a baraita, he retracts his opinion before Rebbi Joḥanan’s opinion.
Rebbi Ḥanania in the name of Rebbi Abin bar Ḥiyya, [this is Rebbi’s opinion.] Rebbi Joḥanan said, and it was stated so: “All conditions invalidate a bill of divorce, the words of Rebbi. But the Sages say, what invalidates orally invalidates in writing, and what does not invalidate orally does not invalidate in writing.” “You are permitted to marry anybody except Mr. X,” because this invalidates orally it invalidates in writing. “This is your bill of divorce on condition that you give me 200 zuz”; because this does not invalidate orally it does not invalidate in writing. Rebbi Yudan said, when do they disagree? If he rescinded his condition. But if he did nor rescind his condition, even Rebbi agrees. Otherwise, we would have to say that all conditions which were stated for bills of divorce do not follow Rebbi. Rebbi Ḥinena said, there when he writes “on condition,” here if he gives “on condition.” Rebbi Ezra asked before Rebbi Mana: Does this imply that Rebbi does not recognize formulaic texts? He answered him, about whom do you ask? About Rebbi! He follows Rebbi Jehudah, for Rebbi Jehudah invalidates formulaic texts. Rebbi Simeon ben Laqish said, everybody agrees that all conditions invalidate a bill of divorce. There came a case before Rebbi Jeremiah and he acted following Rebbi Simeon ben Laqish. Rebbi Yose said to him, does one neglect Rebbi Joḥanan and act following Rebbi Simeon ben Laqish? He answered him, is Rebbi Joḥanan’s instruction an instruction but Rebbi Simeon ben Laqish’s instruction not an instruction? Rebbi Jacob bar Aḥa said, it is not that Rebbi Simeon ben Laqish disagrees with Rebbi Joḥanan, but he understood a baraita and acted accordingly. Rebbi Yose ben Rebbi Abun said, not that Rebbi Simeon ben Laqish fights against Rebbi Joḥanan when he disagrees with him only to extract a ruling from him. If he finds a baraita, he depends on it; if he does not find a baraita, he retracts his opinion before Rebbi Joḥanan’s opinion.
Rebbi Ḥanania in the name of Rebbi Abin bar Ḥiyya, [this is Rebbi’s opinion.] Rebbi Joḥanan said, and it was stated so: “All conditions invalidate a bill of divorce, the words of Rebbi. But the Sages say, what invalidates orally invalidates in writing, and what does not invalidate orally does not invalidate in writing.” “You are permitted to marry anybody except Mr. X,” because this invalidates orally it invalidates in writing. “This is your bill of divorce on condition that you give me 200 zuz”; because this does not invalidate orally it does not invalidate in writing. Rebbi Yudan said, when do they disagree? If he rescinded his condition. But if he did nor rescind his condition, even Rebbi agrees. Otherwise, we would have to say that all conditions which were stated for bills of divorce do not follow Rebbi. Rebbi Ḥinena said, there when he writes “on condition,” here if he gives “on condition.” Rebbi Ezra asked before Rebbi Mana: Does this imply that Rebbi does not recognize formulaic texts? He answered him, about whom do you ask? About Rebbi! He follows Rebbi Jehudah, for Rebbi Jehudah invalidates formulaic texts. Rebbi Simeon ben Laqish said, everybody agrees that all conditions invalidate a bill of divorce. There came a case before Rebbi Jeremiah and he acted following Rebbi Simeon ben Laqish. Rebbi Yose said to him, does one neglect Rebbi Joḥanan and act following Rebbi Simeon ben Laqish? He answered him, is Rebbi Joḥanan’s instruction an instruction but Rebbi Simeon ben Laqish’s instruction not an instruction? Rebbi Jacob bar Aḥa said, it is not that Rebbi Simeon ben Laqish disagrees with Rebbi Joḥanan, but he understood a baraita and acted accordingly. Rebbi Yose ben Rebbi Abun said, not that Rebbi Simeon ben Laqish fights against Rebbi Joḥanan when he disagrees with him only to extract a ruling from him. If he finds a baraita, he depends on it; if he does not find a baraita, he retracts his opinion before Rebbi Joḥanan’s opinion.
Rebbi Ḥanania in the name of Rebbi Abin bar Ḥiyya, [this is Rebbi’s opinion.] Rebbi Joḥanan said, and it was stated so: “All conditions invalidate a bill of divorce, the words of Rebbi. But the Sages say, what invalidates orally invalidates in writing, and what does not invalidate orally does not invalidate in writing.” “You are permitted to marry anybody except Mr. X,” because this invalidates orally it invalidates in writing. “This is your bill of divorce on condition that you give me 200 zuz”; because this does not invalidate orally it does not invalidate in writing. Rebbi Yudan said, when do they disagree? If he rescinded his condition. But if he did nor rescind his condition, even Rebbi agrees. Otherwise, we would have to say that all conditions which were stated for bills of divorce do not follow Rebbi. Rebbi Ḥinena said, there when he writes “on condition,” here if he gives “on condition.” Rebbi Ezra asked before Rebbi Mana: Does this imply that Rebbi does not recognize formulaic texts? He answered him, about whom do you ask? About Rebbi! He follows Rebbi Jehudah, for Rebbi Jehudah invalidates formulaic texts. Rebbi Simeon ben Laqish said, everybody agrees that all conditions invalidate a bill of divorce. There came a case before Rebbi Jeremiah and he acted following Rebbi Simeon ben Laqish. Rebbi Yose said to him, does one neglect Rebbi Joḥanan and act following Rebbi Simeon ben Laqish? He answered him, is Rebbi Joḥanan’s instruction an instruction but Rebbi Simeon ben Laqish’s instruction not an instruction? Rebbi Jacob bar Aḥa said, it is not that Rebbi Simeon ben Laqish disagrees with Rebbi Joḥanan, but he understood a baraita and acted accordingly. Rebbi Yose ben Rebbi Abun said, not that Rebbi Simeon ben Laqish fights against Rebbi Joḥanan when he disagrees with him only to extract a ruling from him. If he finds a baraita, he depends on it; if he does not find a baraita, he retracts his opinion before Rebbi Joḥanan’s opinion.
HALAKHAH: “If somebody writes formulaic texts of bills of divorce,” etc. Rebbi Joḥanan said, writing the essential text with the formula is valid. Rebbi Simeon ben Laqish said, writing the essential text with the formula is invalid. The Mishnah disagrees with Rebbi Joḥanan: “If somebody writes formulaic texts of bills of divorce he has to leave space for the man, the woman, and the time.” He explains it, with the essential text. It is difficult for Rebbi Joḥanan: Do the Sages declare valid in case he wrote the essential text with the formulaic text? Rebbi Jeremiah in the name of Rebbi Ze‘ira: From its invalidity you learn its validity. If he wrote everything in her name but the husband’s and the wife’s names not in her name, would that be valid? Similarly, if he wrote everything not in her name but the husband’s and the wife’s names in her name, it is valid. Rebbi Yose asked Rebbi Jeremiah: Think of it, if it was paired? He said, so said his teacher Rebbi Ze‘ira to him: Since pairing is infrequent, even if there was pairing it is as if there was no pairing. Then it is difficult for Rebbi Simeon ben Laqish: Even if he did not write the essential text in the formula, Rebbi Jehudah declares invalid! Rebbi Yose ben Rebbi Ze‘ira: Rebbi Jehudah refers to something else; it follows what Simeon bar Abba said in the name of Rebbi Joḥanan: An empty space of two lines about one subject is invalid in any case.
HALAKHAH: “If somebody writes formulaic texts of bills of divorce,” etc. Rebbi Joḥanan said, writing the essential text with the formula is valid. Rebbi Simeon ben Laqish said, writing the essential text with the formula is invalid. The Mishnah disagrees with Rebbi Joḥanan: “If somebody writes formulaic texts of bills of divorce he has to leave space for the man, the woman, and the time.” He explains it, with the essential text. It is difficult for Rebbi Joḥanan: Do the Sages declare valid in case he wrote the essential text with the formulaic text? Rebbi Jeremiah in the name of Rebbi Ze‘ira: From its invalidity you learn its validity. If he wrote everything in her name but the husband’s and the wife’s names not in her name, would that be valid? Similarly, if he wrote everything not in her name but the husband’s and the wife’s names in her name, it is valid. Rebbi Yose asked Rebbi Jeremiah: Think of it, if it was paired? He said, so said his teacher Rebbi Ze‘ira to him: Since pairing is infrequent, even if there was pairing it is as if there was no pairing. Then it is difficult for Rebbi Simeon ben Laqish: Even if he did not write the essential text in the formula, Rebbi Jehudah declares invalid! Rebbi Yose ben Rebbi Ze‘ira: Rebbi Jehudah refers to something else; it follows what Simeon bar Abba said in the name of Rebbi Joḥanan: An empty space of two lines about one subject is invalid in any case.
HALAKHAH: “If somebody writes formulaic texts of bills of divorce,” etc. Rebbi Joḥanan said, writing the essential text with the formula is valid. Rebbi Simeon ben Laqish said, writing the essential text with the formula is invalid. The Mishnah disagrees with Rebbi Joḥanan: “If somebody writes formulaic texts of bills of divorce he has to leave space for the man, the woman, and the time.” He explains it, with the essential text. It is difficult for Rebbi Joḥanan: Do the Sages declare valid in case he wrote the essential text with the formulaic text? Rebbi Jeremiah in the name of Rebbi Ze‘ira: From its invalidity you learn its validity. If he wrote everything in her name but the husband’s and the wife’s names not in her name, would that be valid? Similarly, if he wrote everything not in her name but the husband’s and the wife’s names in her name, it is valid. Rebbi Yose asked Rebbi Jeremiah: Think of it, if it was paired? He said, so said his teacher Rebbi Ze‘ira to him: Since pairing is infrequent, even if there was pairing it is as if there was no pairing. Then it is difficult for Rebbi Simeon ben Laqish: Even if he did not write the essential text in the formula, Rebbi Jehudah declares invalid! Rebbi Yose ben Rebbi Ze‘ira: Rebbi Jehudah refers to something else; it follows what Simeon bar Abba said in the name of Rebbi Joḥanan: An empty space of two lines about one subject is invalid in any case.
HALAKHAH: “If somebody writes formulaic texts of bills of divorce,” etc. Rebbi Joḥanan said, writing the essential text with the formula is valid. Rebbi Simeon ben Laqish said, writing the essential text with the formula is invalid. The Mishnah disagrees with Rebbi Joḥanan: “If somebody writes formulaic texts of bills of divorce he has to leave space for the man, the woman, and the time.” He explains it, with the essential text. It is difficult for Rebbi Joḥanan: Do the Sages declare valid in case he wrote the essential text with the formulaic text? Rebbi Jeremiah in the name of Rebbi Ze‘ira: From its invalidity you learn its validity. If he wrote everything in her name but the husband’s and the wife’s names not in her name, would that be valid? Similarly, if he wrote everything not in her name but the husband’s and the wife’s names in her name, it is valid. Rebbi Yose asked Rebbi Jeremiah: Think of it, if it was paired? He said, so said his teacher Rebbi Ze‘ira to him: Since pairing is infrequent, even if there was pairing it is as if there was no pairing. Then it is difficult for Rebbi Simeon ben Laqish: Even if he did not write the essential text in the formula, Rebbi Jehudah declares invalid! Rebbi Yose ben Rebbi Ze‘ira: Rebbi Jehudah refers to something else; it follows what Simeon bar Abba said in the name of Rebbi Joḥanan: An empty space of two lines about one subject is invalid in any case.
HALAKHAH: “If somebody transports a bill of divorce and loses it,” etc. What means “on the spot”? Rebbi Joḥanan said, as long as nobody passed by there. Rebbi Jacob bar Idi, Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: as long as three people did not pass by there. If a Gentile passed by there? Let us hear from the following: Abba bar bar Ḥana transported a bill of divorce; he lost it and a Saracen found it. The case came before Rebbi Joḥanan; they declared [the bill] valid. This means that if a Gentile passed by it is valid. Could we say that he had a mark to identify it? But was it not stated: There are no marks for bills of divorce. That is, if he said, two or three lines. But here, the ה in it had a spot. Rebbi Ezra asked before Rebbi Mana: Why is it invalid here? I say, it was another [husband] whose name was like his name. Think of it, if they checked out that entire place and did not find another man whose name was like his name! But it is because of the severity of adultery. But did we not state: “They went and found nobody but let his wife remarry; they went there, did not recognize him, and let his wife remarry”? Rebbi Mana told him: This man had two bills of divorce in his hand, one valid, the other invalid. He lost the valid one and threw away the invalid. When he found it, I say that what he found was the invalid bill.
HALAKHAH: “If somebody transports a bill of divorce and loses it,” etc. What means “on the spot”? Rebbi Joḥanan said, as long as nobody passed by there. Rebbi Jacob bar Idi, Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: as long as three people did not pass by there. If a Gentile passed by there? Let us hear from the following: Abba bar bar Ḥana transported a bill of divorce; he lost it and a Saracen found it. The case came before Rebbi Joḥanan; they declared [the bill] valid. This means that if a Gentile passed by it is valid. Could we say that he had a mark to identify it? But was it not stated: There are no marks for bills of divorce. That is, if he said, two or three lines. But here, the ה in it had a spot. Rebbi Ezra asked before Rebbi Mana: Why is it invalid here? I say, it was another [husband] whose name was like his name. Think of it, if they checked out that entire place and did not find another man whose name was like his name! But it is because of the severity of adultery. But did we not state: “They went and found nobody but let his wife remarry; they went there, did not recognize him, and let his wife remarry”? Rebbi Mana told him: This man had two bills of divorce in his hand, one valid, the other invalid. He lost the valid one and threw away the invalid. When he found it, I say that what he found was the invalid bill.
This does not disagree with what Rebbi Joḥanan said, since Rebbi Joḥanan said, if an agent handed over to another agent, the first one is responsible. Rebbi Abba the son of Rebbi Ḥiyya: Because of a condition of the divorce. What is the difference between them? If the husband came earlier and took it. If you say, because of a condition of the divorce, that is understandable. If you say, because I do not want to see my valuables in somebody else’s hand, his valuables are not in somebody else’s hand. Is it the same for preliminary marriages? What is the difference between divorces and preliminary marriages? One can divorce through the agency of anybody. One cannot preliminarily marry through the agency of anybody.
This does not disagree with what Rebbi Joḥanan said, since Rebbi Joḥanan said, if an agent handed over to another agent, the first one is responsible. Rebbi Abba the son of Rebbi Ḥiyya: Because of a condition of the divorce. What is the difference between them? If the husband came earlier and took it. If you say, because of a condition of the divorce, that is understandable. If you say, because I do not want to see my valuables in somebody else’s hand, his valuables are not in somebody else’s hand. Is it the same for preliminary marriages? What is the difference between divorces and preliminary marriages? One can divorce through the agency of anybody. One cannot preliminarily marry through the agency of anybody.
HALAKHAH: “If somebody lent money to a Cohen,” etc. Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: This follows Rebbi Yose; as we have stated there: “Rebbi Yose says, anything whose replacement is in the Cohen’s hand is freed from the gifts, but Rebbi Meїr obligates.” Did Rebbi Yose not speak only if it did exist? But here, he still needs to sow! Rebbi Abbahu in the name of Rebbi Joḥanan: The Mishnah speaks of acquaintances of Cohanim or Levites. But did we not state “a poor person”? Does a poor person have acquaintances? There came a case before Rebbi Immi: A Cohen or Levite who owed money to an Israel and told him, separate from my part for my account. He said to him, did we not state: “If somebody lent money to a Cohen, a Levite, or a poor person to separate on their account.” When the loan was given under these conditions. Therefore, not if it was not a condition of the loan! Rebbi Ze‘ira said, even if it was not a condition of the loan. Rebbi Ze‘ira’s force is from the following: “Similarly, a Levite who owed money to an Israel and said to him, separate on my account; only he should not collect and separate because no Levite makes a Levite.” He only said, he should not separate, but from his own he may separate.
Does this not disagree with Rav? Since Rav said, an heir is like a holder of encumbered property. Just as a loan given before witnesses cannot be collected from encumbered property, so it cannot be collected from heirs. He explains it for a documented loan. Rebbi Abbahu in the name of Rebbi Joḥanan: A loan given before witnesses can be collected from heirs, on condition that they inherited real estate. As those from the house of Rav Neḥemiah, who lent money to the public. The case came before the rabbis who said, the public is neither all rich nor all poor.
HALAKHAH: “If somebody sets aside produce,” etc. Rebbi Eleazar ben Antigonos in the name of Rebbi Eleazar ben Yannai: This means that nothing is in disorder for 24 hours but the last day. Rebbi Joḥanan said: Nothing is in order for 24 hours but the first day, as we have stated there: “If a miqweh was measured and found deficient.” Ḥinena the son of Rav Assi bar Mamal in the name of Rebbi Eleazar: That is to negate the words of Rebbi Eleazar, as we have stated: “If they were lost, one worries about them for 24 hours back, the words of Rebbi Eleazar.”
For freshly pressed wine one can allow for up to forty days presuming that it is wine; Rebbi Jehudah says, up to a break point. You find that there is a leniency and a restriction following Rebbi Jehudah, and a leniency and a restriction following the rabbis. A leniency following Rebbi Jehudah, if a break point arrived before forty days had passed, and a restriction if forty days passed without break point that he cannot give heave. A leniency following the rabbis, if forty days passed without break point that he cannot give heave, and a restriction, if a break point arrived before forty days had passed that he cannot give heave. Rebbi Simon asked: If the fortieth day arrived and he did not check. He was lazy for two or three days, then he came and found it to be vinegar. Is it retroactively considered to be vinegar or only from there on to the future? What is the difference? If he had transgressed and given heave. If you say that retroactively it is considered to be vinegar, his heave is heave. From there on to the future it is not heave. If he had checked an amphora to continuously give heave from it. When he returned, he found it to be vinegar. Rebbi Simon in the name of Rebbi Joshua ben Levi: The first three days it certainly is wine, the last vinegar, and the middle ones are in doubt. Rebbi Abbahu said, I heard that from Rebbi Joshua ben Levi; Rebbi Joḥanan did not say so but the first three days it certainly is wine, after that it is in doubt. Do they differ in the treatment of doubt? What Rebbi Joḥanan said refers to the case that he came and found it to be stale vinegar. What Rebbi Joshua ben Levi said refers to the case that he came and found it to be strong vinegar. Or their difference equals another difference, for what we have stated there: “A rusty or broken needle is pure.” It was stated: He put it down smooth, then he came and found it rusty. Rebbi Simon in the name of Rebbi Joshua ben Levi: The first three days it certainly is impure, the last pure, and the middle ones are in doubt. Rebbi Abbahu said, that is what Rebbi Joshua ben Levi said; Rebbi Joḥanan did not say so but the first three days it certainly is impure, after that it is in doubt. Rebbi Ila, Rebbi Abba and Rebbi Eleazar in the name of all rabbis who are frequenting the House of Study: Concerning wine and needle practice follows Rebbi Joshua ben Levi.
For freshly pressed wine one can allow for up to forty days presuming that it is wine; Rebbi Jehudah says, up to a break point. You find that there is a leniency and a restriction following Rebbi Jehudah, and a leniency and a restriction following the rabbis. A leniency following Rebbi Jehudah, if a break point arrived before forty days had passed, and a restriction if forty days passed without break point that he cannot give heave. A leniency following the rabbis, if forty days passed without break point that he cannot give heave, and a restriction, if a break point arrived before forty days had passed that he cannot give heave. Rebbi Simon asked: If the fortieth day arrived and he did not check. He was lazy for two or three days, then he came and found it to be vinegar. Is it retroactively considered to be vinegar or only from there on to the future? What is the difference? If he had transgressed and given heave. If you say that retroactively it is considered to be vinegar, his heave is heave. From there on to the future it is not heave. If he had checked an amphora to continuously give heave from it. When he returned, he found it to be vinegar. Rebbi Simon in the name of Rebbi Joshua ben Levi: The first three days it certainly is wine, the last vinegar, and the middle ones are in doubt. Rebbi Abbahu said, I heard that from Rebbi Joshua ben Levi; Rebbi Joḥanan did not say so but the first three days it certainly is wine, after that it is in doubt. Do they differ in the treatment of doubt? What Rebbi Joḥanan said refers to the case that he came and found it to be stale vinegar. What Rebbi Joshua ben Levi said refers to the case that he came and found it to be strong vinegar. Or their difference equals another difference, for what we have stated there: “A rusty or broken needle is pure.” It was stated: He put it down smooth, then he came and found it rusty. Rebbi Simon in the name of Rebbi Joshua ben Levi: The first three days it certainly is impure, the last pure, and the middle ones are in doubt. Rebbi Abbahu said, that is what Rebbi Joshua ben Levi said; Rebbi Joḥanan did not say so but the first three days it certainly is impure, after that it is in doubt. Rebbi Ila, Rebbi Abba and Rebbi Eleazar in the name of all rabbis who are frequenting the House of Study: Concerning wine and needle practice follows Rebbi Joshua ben Levi.
For freshly pressed wine one can allow for up to forty days presuming that it is wine; Rebbi Jehudah says, up to a break point. You find that there is a leniency and a restriction following Rebbi Jehudah, and a leniency and a restriction following the rabbis. A leniency following Rebbi Jehudah, if a break point arrived before forty days had passed, and a restriction if forty days passed without break point that he cannot give heave. A leniency following the rabbis, if forty days passed without break point that he cannot give heave, and a restriction, if a break point arrived before forty days had passed that he cannot give heave. Rebbi Simon asked: If the fortieth day arrived and he did not check. He was lazy for two or three days, then he came and found it to be vinegar. Is it retroactively considered to be vinegar or only from there on to the future? What is the difference? If he had transgressed and given heave. If you say that retroactively it is considered to be vinegar, his heave is heave. From there on to the future it is not heave. If he had checked an amphora to continuously give heave from it. When he returned, he found it to be vinegar. Rebbi Simon in the name of Rebbi Joshua ben Levi: The first three days it certainly is wine, the last vinegar, and the middle ones are in doubt. Rebbi Abbahu said, I heard that from Rebbi Joshua ben Levi; Rebbi Joḥanan did not say so but the first three days it certainly is wine, after that it is in doubt. Do they differ in the treatment of doubt? What Rebbi Joḥanan said refers to the case that he came and found it to be stale vinegar. What Rebbi Joshua ben Levi said refers to the case that he came and found it to be strong vinegar. Or their difference equals another difference, for what we have stated there: “A rusty or broken needle is pure.” It was stated: He put it down smooth, then he came and found it rusty. Rebbi Simon in the name of Rebbi Joshua ben Levi: The first three days it certainly is impure, the last pure, and the middle ones are in doubt. Rebbi Abbahu said, that is what Rebbi Joshua ben Levi said; Rebbi Joḥanan did not say so but the first three days it certainly is impure, after that it is in doubt. Rebbi Ila, Rebbi Abba and Rebbi Eleazar in the name of all rabbis who are frequenting the House of Study: Concerning wine and needle practice follows Rebbi Joshua ben Levi.
HALAKHAH: “If somebody sent a bill of divorce to his wife,” etc. This disagrees with Rebbi Joḥanan, since Rebbi Joḥanan said that a person invalidates the agent appointed by him by a declaration. He explains it by the stringency of the rules of incest. If he appointed an agent to deliver the bill of divorce, the latter has to deliver it in the presence of two [witnesses]; the agent is not counted as one of the two. If another agent went to invalidate the bill of divorce, he has to invalidate it in the presence of two [witnesses] and the agent is counted as one of the two. If he met him on the road and asked him, what about the bill of divorce I gave you? He answered, I delivered it to her. While they were talking there, he dropped it. He said, did you not tell me that you delivered it to her? He explained, I delivered it to her and she said, keep it for me. What? Can he be believed since it is in his power to divorce, or can he not be believed because it is in his hand? If the agent fell sick, how do you treat this? By the rules of divorces or the rules of preliminary marriages? By the rules of divorces one can divorce through the agency of anybody. By the rules of preliminary marriages one cannot preliminarily marry through the agency of anybody.
HALAKHAH: “If somebody sent a bill of divorce to his wife,” etc. This disagrees with Rebbi Joḥanan, since Rebbi Joḥanan said that a person invalidates the agent appointed by him by a declaration. He explains it by the stringency of the rules of incest. If he appointed an agent to deliver the bill of divorce, the latter has to deliver it in the presence of two [witnesses]; the agent is not counted as one of the two. If another agent went to invalidate the bill of divorce, he has to invalidate it in the presence of two [witnesses] and the agent is counted as one of the two. If he met him on the road and asked him, what about the bill of divorce I gave you? He answered, I delivered it to her. While they were talking there, he dropped it. He said, did you not tell me that you delivered it to her? He explained, I delivered it to her and she said, keep it for me. What? Can he be believed since it is in his power to divorce, or can he not be believed because it is in his hand? If the agent fell sick, how do you treat this? By the rules of divorces or the rules of preliminary marriages? By the rules of divorces one can divorce through the agency of anybody. By the rules of preliminary marriages one cannot preliminarily marry through the agency of anybody.
Rebbi Simon in the name of Rebbi Joshua ben Levi: Yossi ben Shaul said in the name of Rebbi: A person who had given up hope to recover his slave is not entitled to enslave him but has to write him a bill of manumission. Rebbi Joḥanan heard this and said, Rebbi Joshua ben Levi taught us that correctly. Did they not infer the rules of a bill of manumission from women? Just as a woman is not freed if [the husband] has given up hope, but she needs a bill of divorce from him, so a slave is not freed if [the master] has given up hope, but he needs a bill of manumission.
Simeon bar Abba in the name of Rebbi Joḥanan: If a slave fled from the kidnappers to his master, the master may not enslave him but has to write him a bill of manumission. Rebbi Abbahu said in the name of Rebbi Joḥanan: If somebody declares his slave as ownerless he can neither enslave him nor write him a bill of manumission. Rebbi Ze‘ira said to him, everybody says that he needs one; do you say that he does not need? Would he hinder him from eating the Passah [sacrifice]? As it was stated: “The slave of any man, acquisition of his money, if you circumcise him.” Anytime he serves his master, he prevents his master from eating the Passah; if he does not serve his master, he does not prevent his master from eating the Passah.
Simeon bar Abba in the name of Rebbi Joḥanan: If a slave fled from the kidnappers to his master, the master may not enslave him but has to write him a bill of manumission. Rebbi Abbahu said in the name of Rebbi Joḥanan: If somebody declares his slave as ownerless he can neither enslave him nor write him a bill of manumission. Rebbi Ze‘ira said to him, everybody says that he needs one; do you say that he does not need? Would he hinder him from eating the Passah [sacrifice]? As it was stated: “The slave of any man, acquisition of his money, if you circumcise him.” Anytime he serves his master, he prevents his master from eating the Passah; if he does not serve his master, he does not prevent his master from eating the Passah.
If a convert died and Jews plundered his property, if there were slaves, either adult or underage, they gain their freedom. Abba Shaul said, the adults gain their freedom, the minors do not become free. Why? They are no longer property after their owner’s death. Then even adults? Rebbi Abba said, since adults are competent to acquire themselves, they gain their freedom. Minors, who are not competent to acquire for themselves, do not gain their freedom. Rebbi Joshua ben Levi said, practice follows Abba Shaul. The opinions of Rebbi Joshua ben Levi are contradictory. There, Rebbi Simon in the name of Rebbi Joshua ben Levi and Rebbi Yossi ben Shaul in the name of Rebbi said: A person who has given up hope to recover his slave is not entitled to enslave him. They said, what Rebbi Joshua said about enslaving, if he did not give, he did not give; perhaps practice would be to enslave him, therefore he has to write him a bill of manumission. And here, he says so! We heard that Rebbi Joḥanan said, Rebbi Joshua ben Levi taught us that correctly, perhaps practice follows Abba Shaul. The slave girl of Rabba bar Zuṭra ran away and he gave up hope to recover her. He went to ask Rebbi Ḥanina and Rebbi Joshua ben Levi. They said, he is not entitled to enslave her. How is it to write her a bill of manumission? They said to him, if you wrote, you did the right thing. Rebbi Ḥanina in the name of Rebbi Ismael ben Rebbi Yose: A slave who married as a free person in the presence of his master gained his freedom. Rebbi Joḥanan said, yesterday I was sitting and formulating: If somebody writes a document of preliminary marriage for his slave or a document of definitive marriage for his girl slave, Rebbi says, they acquired, but the Sages say, they did not acquire. The first Tanna follows Rebbi: he acquired.
If a convert died and Jews plundered his property, if there were slaves, either adult or underage, they gain their freedom. Abba Shaul said, the adults gain their freedom, the minors do not become free. Why? They are no longer property after their owner’s death. Then even adults? Rebbi Abba said, since adults are competent to acquire themselves, they gain their freedom. Minors, who are not competent to acquire for themselves, do not gain their freedom. Rebbi Joshua ben Levi said, practice follows Abba Shaul. The opinions of Rebbi Joshua ben Levi are contradictory. There, Rebbi Simon in the name of Rebbi Joshua ben Levi and Rebbi Yossi ben Shaul in the name of Rebbi said: A person who has given up hope to recover his slave is not entitled to enslave him. They said, what Rebbi Joshua said about enslaving, if he did not give, he did not give; perhaps practice would be to enslave him, therefore he has to write him a bill of manumission. And here, he says so! We heard that Rebbi Joḥanan said, Rebbi Joshua ben Levi taught us that correctly, perhaps practice follows Abba Shaul. The slave girl of Rabba bar Zuṭra ran away and he gave up hope to recover her. He went to ask Rebbi Ḥanina and Rebbi Joshua ben Levi. They said, he is not entitled to enslave her. How is it to write her a bill of manumission? They said to him, if you wrote, you did the right thing. Rebbi Ḥanina in the name of Rebbi Ismael ben Rebbi Yose: A slave who married as a free person in the presence of his master gained his freedom. Rebbi Joḥanan said, yesterday I was sitting and formulating: If somebody writes a document of preliminary marriage for his slave or a document of definitive marriage for his girl slave, Rebbi says, they acquired, but the Sages say, they did not acquire. The first Tanna follows Rebbi: he acquired.
Who frees? Rav says, either his first or his second master. Rebbi Joḥanan says, only his first master alone is able to free. Rebbi Ḥaggai objected before Rebbi Yose: Does not a baraita disagree with Rav? If a Jew gave a loan to a Gentile on the latter’s leavened matter, it is permitted after Passover. If you say that the Jew has property rights in it, it would be forbidden. What does Rav do with this? Rebbi Yudan said, manumission is made easy, as it was stated: If somebody gives his slave as mortgage, if he sold him, he is not sold; if he freed him, he is freed. The strength of Rebbi Joḥanan is from the following: Rabban Simeon ben Gamliel says, only the manumittor writes. If somebody mortgaged his field to another, then went and sold it, can the creditor not come and foreclose? Rebbi Abbahu said, in this matter Rebbi Joḥanan opened for us a door to illuminate. We do not find that a slave can again be enslaved after having been freed. If that is so, he should not have to write a bond for his value! Rebbi Ila said, it is better that a person say to him, give me the 200 zuz which you owe me than say to him, you are my slave! The rabbis of Caesarea say in Rebbi Nasa’s name: Rabban Simeon ben Gamliel follows Rebbi Meïr. Just as Rebbi Meїr imposes a fine for words, so Rabban Simeon ben Gamliel imposes a fine for words. As it was stated: With a bond documenting both principal and interest one can collect neither principal nor interest, the words of Rebbi Meїr. But the Sages say, one collects the principal but not the interest.
Who frees? Rav says, either his first or his second master. Rebbi Joḥanan says, only his first master alone is able to free. Rebbi Ḥaggai objected before Rebbi Yose: Does not a baraita disagree with Rav? If a Jew gave a loan to a Gentile on the latter’s leavened matter, it is permitted after Passover. If you say that the Jew has property rights in it, it would be forbidden. What does Rav do with this? Rebbi Yudan said, manumission is made easy, as it was stated: If somebody gives his slave as mortgage, if he sold him, he is not sold; if he freed him, he is freed. The strength of Rebbi Joḥanan is from the following: Rabban Simeon ben Gamliel says, only the manumittor writes. If somebody mortgaged his field to another, then went and sold it, can the creditor not come and foreclose? Rebbi Abbahu said, in this matter Rebbi Joḥanan opened for us a door to illuminate. We do not find that a slave can again be enslaved after having been freed. If that is so, he should not have to write a bond for his value! Rebbi Ila said, it is better that a person say to him, give me the 200 zuz which you owe me than say to him, you are my slave! The rabbis of Caesarea say in Rebbi Nasa’s name: Rabban Simeon ben Gamliel follows Rebbi Meïr. Just as Rebbi Meїr imposes a fine for words, so Rabban Simeon ben Gamliel imposes a fine for words. As it was stated: With a bond documenting both principal and interest one can collect neither principal nor interest, the words of Rebbi Meїr. But the Sages say, one collects the principal but not the interest.
Who frees? Rav says, either his first or his second master. Rebbi Joḥanan says, only his first master alone is able to free. Rebbi Ḥaggai objected before Rebbi Yose: Does not a baraita disagree with Rav? If a Jew gave a loan to a Gentile on the latter’s leavened matter, it is permitted after Passover. If you say that the Jew has property rights in it, it would be forbidden. What does Rav do with this? Rebbi Yudan said, manumission is made easy, as it was stated: If somebody gives his slave as mortgage, if he sold him, he is not sold; if he freed him, he is freed. The strength of Rebbi Joḥanan is from the following: Rabban Simeon ben Gamliel says, only the manumittor writes. If somebody mortgaged his field to another, then went and sold it, can the creditor not come and foreclose? Rebbi Abbahu said, in this matter Rebbi Joḥanan opened for us a door to illuminate. We do not find that a slave can again be enslaved after having been freed. If that is so, he should not have to write a bond for his value! Rebbi Ila said, it is better that a person say to him, give me the 200 zuz which you owe me than say to him, you are my slave! The rabbis of Caesarea say in Rebbi Nasa’s name: Rabban Simeon ben Gamliel follows Rebbi Meïr. Just as Rebbi Meїr imposes a fine for words, so Rabban Simeon ben Gamliel imposes a fine for words. As it was stated: With a bond documenting both principal and interest one can collect neither principal nor interest, the words of Rebbi Meїr. But the Sages say, one collects the principal but not the interest.
HALAKHAH: “A person who is half slave and half free,” etc. How is it possible that anyone be half slave and half free? Explain it either following Rebbi, since Rebbi said that a person can free half of his slave, or following everybody in the case of a slave belonging to two partners, when one of them manumitted his part. If he found anything of value, on his master’s day it belongs to his master, on his own day it belongs to him. But would he not on the next day turn it over to his master? If he entered a preliminary marriage. On his master’s day, one would not consider his marriage, on his own day one would consider his marriage. But did not Rebbi Ḥiyya say in Rebbi Joḥanan’s name: If a person who is half slave and half free entered a preliminary marriage, one does not consider his marriage. In parallel, if he divorced one does not consider his divorce.
There, we have stated: “One does not marry women on a holiday.” Simeon bar Abba in the name of Rebbi Joḥanan: Because of refraining from being fruitful and increase. They asked before Rebbi Yose: May a slave marry a woman on a holiday? He told them, let us hear from the following: “Shall he be alone? But the world was created only for procreation and increase!” And Rebbi Simeon bar Abba said in the name of Rebbi Joḥanan: Anybody commanded to be fruitful and increase is forbidden to marry on a holiday.
There, we have stated: “One does not marry women on a holiday.” Simeon bar Abba in the name of Rebbi Joḥanan: Because of refraining from being fruitful and increase. They asked before Rebbi Yose: May a slave marry a woman on a holiday? He told them, let us hear from the following: “Shall he be alone? But the world was created only for procreation and increase!” And Rebbi Simeon bar Abba said in the name of Rebbi Joḥanan: Anybody commanded to be fruitful and increase is forbidden to marry on a holiday.
“Rebbi Jehudah says, he cannot take her back,” and you say so? Rebbi Joḥanan said, there is no Rebbi Jehudah but Rebbi Meїr. It was stated thus in Rebbi Meїr’s name: Your silence would be better than your talking.
If somebody bought a field during a Jubilee period. Rebbi Ila said, he acquired ownership of the ground, Abba bar Mamal said, he did not acquire ownership of the ground. Rebbi Abba bar Mamal objected to Rebbi Ila: In your opinion, since you say that he acquired ownership of the ground, why can he not dig cisterns, ditches, and caves? He said to him, the Torah said, “he shall return to his inheritance,” as it was. Rebbi Jacob bar Aḥa brought this topic before them and did not know that they still disagreed: Rebbi Joḥanan said, he brings and recites; Rebbi Simeon ben Laqish said, he does not bring and recite. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose: Everybody agrees that he brings. Where do they disagree? Rebbi Joḥanan said, he brings and recites; Rebbi Simeon ben Laqish said, he brings but does not recite.
If somebody bought a field during a Jubilee period. Rebbi Ila said, he acquired ownership of the ground, Abba bar Mamal said, he did not acquire ownership of the ground. Rebbi Abba bar Mamal objected to Rebbi Ila: In your opinion, since you say that he acquired ownership of the ground, why can he not dig cisterns, ditches, and caves? He said to him, the Torah said, “he shall return to his inheritance,” as it was. Rebbi Jacob bar Aḥa brought this topic before them and did not know that they still disagreed: Rebbi Joḥanan said, he brings and recites; Rebbi Simeon ben Laqish said, he does not bring and recite. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose: Everybody agrees that he brings. Where do they disagree? Rebbi Joḥanan said, he brings and recites; Rebbi Simeon ben Laqish said, he brings but does not recite.
“For a woman’s ketubah with lowest quality.” Rebbi Jeremiah said, they taught only for a ketubah of a mina or 200 [zuz], but a ketubah of a thousand denar she collects from average quality. Rebbi Yose said, even a ketubah of a thousand denar she collects only from lowest quality. It turns out that this disagreement parallels the following disagreement: “While she lives in her father’s house, she always can collect her ketubah; if she lives in her husband’s house, she can collect her ketubah for 25 years.” Rebbi Simon in the name of Rebbi Joshua ben Levi: One stated this only for the ketubah of a mina or 200 [zuz]. But a ketubah of 1’000 denar she collects forever. Rebbi Abbahu quoted in the name of Rebbi Joḥanan: Even a ketubah of 1’000 denar she can collect only up to 25 years. It turns out that Rebbi Yose follows Rebbi Joḥanan and Rebbi Jeremiah Rebbi Joshua ben Levi. As we have stated there: “If somebody signs over his property to his sons and signs over some real estate to his wife, she loses her claim to ketubah.” Rav said, if he sells through her. Samuel says, if he distributes in her presence. Rebbi Yose ben Ḥanina said, they stated here a relaxation of the laws of ketubah. Rebbi Abba said, the reason of Rebbi Yose ben Ḥanina is that it applies not only to a ketubah of a mina or two hundred, but even regarding a ketubah of one thousand denar they proclaimed a relaxation of the laws of ketubah.
“For a woman’s ketubah with lowest quality.” Rebbi Jeremiah said, they taught only for a ketubah of a mina or 200 [zuz], but a ketubah of a thousand denar she collects from average quality. Rebbi Yose said, even a ketubah of a thousand denar she collects only from lowest quality. It turns out that this disagreement parallels the following disagreement: “While she lives in her father’s house, she always can collect her ketubah; if she lives in her husband’s house, she can collect her ketubah for 25 years.” Rebbi Simon in the name of Rebbi Joshua ben Levi: One stated this only for the ketubah of a mina or 200 [zuz]. But a ketubah of 1’000 denar she collects forever. Rebbi Abbahu quoted in the name of Rebbi Joḥanan: Even a ketubah of 1’000 denar she can collect only up to 25 years. It turns out that Rebbi Yose follows Rebbi Joḥanan and Rebbi Jeremiah Rebbi Joshua ben Levi. As we have stated there: “If somebody signs over his property to his sons and signs over some real estate to his wife, she loses her claim to ketubah.” Rav said, if he sells through her. Samuel says, if he distributes in her presence. Rebbi Yose ben Ḥanina said, they stated here a relaxation of the laws of ketubah. Rebbi Abba said, the reason of Rebbi Yose ben Ḥanina is that it applies not only to a ketubah of a mina or two hundred, but even regarding a ketubah of one thousand denar they proclaimed a relaxation of the laws of ketubah.
HALAKHAH: “One cannot collect for usufruct,” etc. Rebbi Joḥanan said in the name of Rebbi Yannai: One pays from an orphan’s property only a document on which interest is due, and some say, also a woman’s ketubah. Rebbi Yannai said, because of her sustenance. Rebbi Mattaniah said, who is worried about sustenance? Rebbi Simeon! Since Rebbi Simeon said, it depends on the collection. What about it? For attraction, that everybody should be eager to marry her. Some say, also for robbery and torts. Rebbi Yose said, we stated both of these. Robbery from the following: “If it was mortgageable, he has to pay.” For torts from the following: “One pays from an orphan’s property only from the least valuable.” So is the Mishnah: One pays for torts from an orphan’s property only from the least valuable. But was it not stated: If the son took his father’s place, one estimates torts from the most valuable land, creditors from average quality, and a woman’s ketubah from the least valuable. Rebbi Yose ben Rebbi Abun said, there about an adult orphan, here about an underage orphan.
If [Reuben] robbed a field from Simeon and sold it to Levi, then Simeon came and foreclosed it from Levi; then Levi collects from Reuben’s encumbered property and Simeon collects the usufruct from Levi’s free property. If Levi in the meantime improved [the property], Levi collects the capital from Reuben’s encumbered property and the improvement from Simeon’s free property. Rebbi Ḥiyya in the name of Rebbi Joḥanan said, only if a third party’s buying preceded the improvement by this one. But if the improvement by this one preceded a third party’s buying, Levi can collect the capital even from Simeon’s encumbered property. Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan said: With usufruct one proceeds in the same way. If he spent four denars and the improvement is worth six, Levi collects four denars from Reuben’s encumbered property and another two from Simeon’s free property. Rebbi Abin in the name of the rabbis there: Since he did not enter with permission, his hand is weak against Simeon. Rebbi Yose ben Rebbi Abun in the name of the rabbis there: Since he entered with permission, his hand is strong against Reuben.
If [Reuben] robbed a field from Simeon and sold it to Levi, then Simeon came and foreclosed it from Levi; then Levi collects from Reuben’s encumbered property and Simeon collects the usufruct from Levi’s free property. If Levi in the meantime improved [the property], Levi collects the capital from Reuben’s encumbered property and the improvement from Simeon’s free property. Rebbi Ḥiyya in the name of Rebbi Joḥanan said, only if a third party’s buying preceded the improvement by this one. But if the improvement by this one preceded a third party’s buying, Levi can collect the capital even from Simeon’s encumbered property. Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan said: With usufruct one proceeds in the same way. If he spent four denars and the improvement is worth six, Levi collects four denars from Reuben’s encumbered property and another two from Simeon’s free property. Rebbi Abin in the name of the rabbis there: Since he did not enter with permission, his hand is weak against Simeon. Rebbi Yose ben Rebbi Abun in the name of the rabbis there: Since he entered with permission, his hand is strong against Reuben.
Can one collect dowry from encumbered property? Rebbi Ze‘ira said that Rebbi Joḥanan does not collect. Who collects? Rebbi Ḥanina and Rebbi Ila collect. Rebbi Yasa was appointed custodian of orphans’ property. There were orphan [girls] who asked for dowry. He brought the case before Rebbi Eleazar and Rebbi Simeon bar Yaqim. Rebbi Simeon bar Yaqim said, is it not better to provide for them from their father’s estate rather than from charity? Rebbi Eleazar said to him: If such a case came before our teachers, our teachers would not touch it; would we act? Rebbi Yose said, I shall give to them, and if some orphans would get up and complained, I would give it to them. They stood up and complained.
There, we have stated: “You have in your hand a mina of my father’s; you have to get from me only 50 denars. He does not have to swear since he is like a person who returns a find.” Rebbi Eleazar said, in this case they instituted a regulation as they instituted for a find, as we have stated: “The finder of a lost object shall not swear because of the public good.” Rebbi Abba said, this Mishnah [applies] when he said to him, you found my two oxen. But if he said, I found your two oxen and returned both of them, but the other said, you returned only one, in that case they did not institute the rule. Rebbi Pedat in the name of Rebbi Joḥanan: In this case they did institute. But in the first case, it is a word of the Torah, as it was stated: I could think that if he said to him, you found my two oxen, but the other said, I found only one, should he be obligated [to swear]? The verse says, “or if he found a find and disowned it;” that excludes this one who did not disown. But if he said to him, I was standing on my roof when I saw you dragging away two tied oxen, two tied oxen you dragged away from me, and he says, only one I dragged away; in that case they made no regulation. Similarly: “I was standing with my father when he was dying and he claimed from you a mina and you agreed to it,” and the other says, “I agreed only for 50;” in that case they made no regulation.
Rebbi Joḥanan said, as a matter of principle one does not appoint guardians for orphans to their detriment, only to their profit; but if they are detrimental, they are detrimental. Rebbi Yose bar Ḥanina said, neither as a matter of principle nor as a reaction, neither for profit not for detriment. A Mishnah disagrees with Rebbi Yose bar Ḥanina: “One appoints a guardian for them” There is a difference about an ox, lest it continue to cause damage. If it did do damage, from whom does one take payment? Rebbi Joḥanan said, from the orphans. Rebbi Yose bar Ḥanina said, from the guardian. And even if Rebbi Joḥanan never taught this, does not his word imply it since he said if in the end they are detrimental, they are detrimental?
Rebbi Joḥanan said, as a matter of principle one does not appoint guardians for orphans to their detriment, only to their profit; but if they are detrimental, they are detrimental. Rebbi Yose bar Ḥanina said, neither as a matter of principle nor as a reaction, neither for profit not for detriment. A Mishnah disagrees with Rebbi Yose bar Ḥanina: “One appoints a guardian for them” There is a difference about an ox, lest it continue to cause damage. If it did do damage, from whom does one take payment? Rebbi Joḥanan said, from the orphans. Rebbi Yose bar Ḥanina said, from the guardian. And even if Rebbi Joḥanan never taught this, does not his word imply it since he said if in the end they are detrimental, they are detrimental?
Rebbi Joḥanan said, as a matter of principle one does not appoint guardians for orphans to their detriment, only to their profit; but if they are detrimental, they are detrimental. Rebbi Yose bar Ḥanina said, neither as a matter of principle nor as a reaction, neither for profit not for detriment. A Mishnah disagrees with Rebbi Yose bar Ḥanina: “One appoints a guardian for them” There is a difference about an ox, lest it continue to cause damage. If it did do damage, from whom does one take payment? Rebbi Joḥanan said, from the orphans. Rebbi Yose bar Ḥanina said, from the guardian. And even if Rebbi Joḥanan never taught this, does not his word imply it since he said if in the end they are detrimental, they are detrimental?
A guardian appointed by the orphans’ father shall be made to swear, for usually he is not checked out. If he was appointed by the court he shall not be made to swear for usually he was checked out. Abba Shaul says, it is the other way around; a guardian appointed by the orphans’ father shall be made to swear, for he is like one who is paid; if he was appointed by the court he shall not be made to swear for for he can say to him, I am doing this as a favor to you. It turns out that Rebbi Joḥanan follows the rabbis and Rebbi Yose ben Ḥanina Abba Shaul. Does Rebbi Joḥanan follow the rabbis? Even if he holds with Abba Shaul, a person acts as a trustee in order to be declared trustworthy. Does Rebbi Yose ben Ḥanina [follow] Abba Shaul? Even if he holds with the rabbis, a person is apt to slip away from an oath but not from payments.
A guardian appointed by the orphans’ father shall be made to swear, for usually he is not checked out. If he was appointed by the court he shall not be made to swear for usually he was checked out. Abba Shaul says, it is the other way around; a guardian appointed by the orphans’ father shall be made to swear, for he is like one who is paid; if he was appointed by the court he shall not be made to swear for for he can say to him, I am doing this as a favor to you. It turns out that Rebbi Joḥanan follows the rabbis and Rebbi Yose ben Ḥanina Abba Shaul. Does Rebbi Joḥanan follow the rabbis? Even if he holds with Abba Shaul, a person acts as a trustee in order to be declared trustworthy. Does Rebbi Yose ben Ḥanina [follow] Abba Shaul? Even if he holds with the rabbis, a person is apt to slip away from an oath but not from payments.
HALAKHAH: Rebbi Yudan did not go to the assembly. He was standing with Rebbi Mana and asked him, what new was said? He said: So says Rebbi Yose, a person causing impurity does not have the status of a perpetrator, fromthe following: “Heave which became impure.” He answered: Explain it, if it became impure by itself; then you cannot infer anything, because of a Mishnah: “If somebody judged, absolved the guilty and obligated the innocent, declared the pure impure and the impure pure.” For Rav Jeremiah said in the name of Rav: If he touched it with his hand. Samuel said: If he touched it with his hand. Rebbi Jehudah ben Rebbi says, it should have been logical that even intentionally he should have been free. Why did they say that he is obligated? That he should tell. And Rebbi Joḥanan said, it should have been logical that even unintentionally he should have been obligated. Why did they say that he is free? Because of a fine. The strength of Rebbi Joḥanan comes from this: “If someone causes anything to become impure, or dema‘, or libation wine, if it was unintentional he is free, intentional he is obligated,” and Rebbi Joḥanan said, he pays a fine. A baraita supports Rebbi Joḥanan: “A person who puts a yoke on another’s cow is free in human law but guilty in Heaven’s law.”
HALAKHAH: Rebbi Yudan did not go to the assembly. He was standing with Rebbi Mana and asked him, what new was said? He said: So says Rebbi Yose, a person causing impurity does not have the status of a perpetrator, fromthe following: “Heave which became impure.” He answered: Explain it, if it became impure by itself; then you cannot infer anything, because of a Mishnah: “If somebody judged, absolved the guilty and obligated the innocent, declared the pure impure and the impure pure.” For Rav Jeremiah said in the name of Rav: If he touched it with his hand. Samuel said: If he touched it with his hand. Rebbi Jehudah ben Rebbi says, it should have been logical that even intentionally he should have been free. Why did they say that he is obligated? That he should tell. And Rebbi Joḥanan said, it should have been logical that even unintentionally he should have been obligated. Why did they say that he is free? Because of a fine. The strength of Rebbi Joḥanan comes from this: “If someone causes anything to become impure, or dema‘, or libation wine, if it was unintentional he is free, intentional he is obligated,” and Rebbi Joḥanan said, he pays a fine. A baraita supports Rebbi Joḥanan: “A person who puts a yoke on another’s cow is free in human law but guilty in Heaven’s law.”
HALAKHAH: Rebbi Yudan did not go to the assembly. He was standing with Rebbi Mana and asked him, what new was said? He said: So says Rebbi Yose, a person causing impurity does not have the status of a perpetrator, fromthe following: “Heave which became impure.” He answered: Explain it, if it became impure by itself; then you cannot infer anything, because of a Mishnah: “If somebody judged, absolved the guilty and obligated the innocent, declared the pure impure and the impure pure.” For Rav Jeremiah said in the name of Rav: If he touched it with his hand. Samuel said: If he touched it with his hand. Rebbi Jehudah ben Rebbi says, it should have been logical that even intentionally he should have been free. Why did they say that he is obligated? That he should tell. And Rebbi Joḥanan said, it should have been logical that even unintentionally he should have been obligated. Why did they say that he is free? Because of a fine. The strength of Rebbi Joḥanan comes from this: “If someone causes anything to become impure, or dema‘, or libation wine, if it was unintentional he is free, intentional he is obligated,” and Rebbi Joḥanan said, he pays a fine. A baraita supports Rebbi Joḥanan: “A person who puts a yoke on another’s cow is free in human law but guilty in Heaven’s law.”
HALAKHAH: Rebbi Yudan did not go to the assembly. He was standing with Rebbi Mana and asked him, what new was said? He said: So says Rebbi Yose, a person causing impurity does not have the status of a perpetrator, fromthe following: “Heave which became impure.” He answered: Explain it, if it became impure by itself; then you cannot infer anything, because of a Mishnah: “If somebody judged, absolved the guilty and obligated the innocent, declared the pure impure and the impure pure.” For Rav Jeremiah said in the name of Rav: If he touched it with his hand. Samuel said: If he touched it with his hand. Rebbi Jehudah ben Rebbi says, it should have been logical that even intentionally he should have been free. Why did they say that he is obligated? That he should tell. And Rebbi Joḥanan said, it should have been logical that even unintentionally he should have been obligated. Why did they say that he is free? Because of a fine. The strength of Rebbi Joḥanan comes from this: “If someone causes anything to become impure, or dema‘, or libation wine, if it was unintentional he is free, intentional he is obligated,” and Rebbi Joḥanan said, he pays a fine. A baraita supports Rebbi Joḥanan: “A person who puts a yoke on another’s cow is free in human law but guilty in Heaven’s law.”
Rav Huna in the name of Rav: If he mixed. If he made a libation and then mixed it, at the start he committed a capital crime and at the end he has to pay? Rebbi Abba objected: Think of it, if he killed somebody and broke the flask, at the start he committed a capital crime and in the end he has to pay? Rebbi Yose objected: Think of it, if he set fire to somebody’s grain stack on the Day of Atonement, at the start he committed a capital crime and in the end he has to pay? “If someone causes anything to become impure, or turn into dema‘, or libation wine, if it was unintentional he is free, intentional he is obligated,” and Rebbi Joḥanan said, he pays a fine.
MISHNAH: Rebbi Joḥanan ben Gudguedah testified about a deaf-mute girl who was married off by her father, that she must be divorced by a bill of divorce, and about an underage girl who was married to a Cohen, that she may eat heave and her husband inherits from her if she dies, and about a stolen log which was used to build a house, that [the owner] has to take the value, and about a purification sacrifice of a stolen animal which was not known in public, that it atones because of the order of the altar.
HALAKHAH: “Rebbi Joḥanan ben Guedgedah testified,” etc. Rebbi Ḥananiah asked before Rebbi Immi. His testimony seems reasonable for a hearing woman of sound mind, that she is divorced with or without her acquiescence. But a deaf-mute woman who has no will should not be divorced except with her acquiescence. But is it not testimony “that is an example”; does one add to a testimony? Rebbi Ḥanania is of the opinion that this refers to a hearing girl who was married off by her father (and mother) and became deaf-and-dumb. Rebbi Yose is of the opinion that this refers to an underage girl who was married off by her father (and mother) and became divorced.
Rebbi Joḥanan said, why did they say “an Israel underage girl eats heave,” that all should be eager to marry her for her attractiveness. Rebbi Shammai said, only if she knows how to keep her [valuables given for] preliminary marriage. Rebbi Immi said, a Mishnah said so, “married to a Cohen she eats heave.” Rebbi Ḥananiah said, since Rebbi Joḥanan said, for her attractiveness, that means, even if she does not know how to keep her [valuables given for] preliminary marriage.
Rebbi Joḥanan said, why did they say “an Israel underage girl eats heave,” that all should be eager to marry her for her attractiveness. Rebbi Shammai said, only if she knows how to keep her [valuables given for] preliminary marriage. Rebbi Immi said, a Mishnah said so, “married to a Cohen she eats heave.” Rebbi Ḥananiah said, since Rebbi Joḥanan said, for her attractiveness, that means, even if she does not know how to keep her [valuables given for] preliminary marriage.
Ulla bar Ismael: By law, it should not atone even if it was [not] known in public. Why did they say that it atones? Not to let the altar be deserted. Rebbi Simeon ben Laqish said, by law, it should atone even if it was known in public. Why did they say that it does not atone? Not to let the altar accept robberies. How many are “public”? Rebbi Gorion in the name of Rebbi Simeon ben Laqish: Three people. Rebbi Abin in the name of Rebbi Joḥanan: “You brought robbed goods with the lame and the sick.” Since lame and sick are obvious, so everything must be obvious.