anan

It is obvious that a slave may accept a gift by one third party to another, by a third party to his master, [but] not from his master to himself. From a third party to himself is in dispute between Rebbi Meïr and the Sages. If one said: Here [I am giving] you this money on condition that your master have no power over it, the slave acquired it and with him his master, the words of Rebbi Meïr. But the Sages say, the slave acquired it [but not] his master. What is the problem? From his master to a third party. Since the slave may receive from a third party for his master, may he receive from his master for a third party? Let us hear from the following: “If somebody borrowed a cow and [the lender] sent her to him through his slave, his son, or his agent.” Does this not mean that the slave is able to transfer rights from his master to a third party? Rebbi Eleazar said, explain it for a Hebrew slave. Rebbi Joḥanan said, you have to explain if for a Canaanite slave; explain it that he said, open [the gate] for her and she will come by herself, as we have stated: “If he led her, drew her to himself, called her and she followed him, he is responsible as a borrower.” Rebbi Zeïra understood it from here: “But he cannot make them acquire through his underage son or daughter or his Canaanite male or female slave, because their hand is not like his hand.” Does this not imply that a slave is not able to transfer rights from his master to another person? Explain it following Rebbi Meïr since Rebbi Meïr makes the hand of the slave the hand of his master. But did we not state “his wife”? Rebbi Meïr holds that the hand of the wife is the hand of her husband! Rebbi Ḥananiah said in the name of Rebbi Phineas, explain it following the Tanna who stated: “His wife cannot redeem Second Tithe for him. Rebbi Simeon ben Eleazar says in the name of Rebbi Meïr, his wife can redeem Second Tithe for him.” For that Tanna, Rebbi Meïr makes the hand of the slave the hand of his master but not the hand of the wife the hand of her husband!

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

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

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

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

“You are free but your child will be a slave,” her child is like her, the words of Rebbi Yose the Galilean. But the Sages say, he did not do anything. Rebbi Eleazar said, so did Rebbi Hoshaia, the father of the Mishnah, explain: Both are free. Rebbi Immi in the name of Rebbi Joḥanan: Both are slaves. According to Rebbi Joḥanan, it is understandable; there is a disagreement. What is the disagreement following Rebbi Eleazar? But it must be so: His words stand, the words of Rebbi Yose the Galilean. But the Sages say, he did not do anything. What means “he did not do anything”? Rebbi Eleazar said, so did Rebbi Hoshaia, the father of the Mishnah, explain: Both are free. Rebbi Immi in the name of Rebbi Joḥanan: Both are slaves. Following Rebbi, since Rebbi said that a person can free half of his slave.

“You are free but your child will be a slave,” her child is like her, the words of Rebbi Yose the Galilean. But the Sages say, he did not do anything. Rebbi Eleazar said, so did Rebbi Hoshaia, the father of the Mishnah, explain: Both are free. Rebbi Immi in the name of Rebbi Joḥanan: Both are slaves. According to Rebbi Joḥanan, it is understandable; there is a disagreement. What is the disagreement following Rebbi Eleazar? But it must be so: His words stand, the words of Rebbi Yose the Galilean. But the Sages say, he did not do anything. What means “he did not do anything”? Rebbi Eleazar said, so did Rebbi Hoshaia, the father of the Mishnah, explain: Both are free. Rebbi Immi in the name of Rebbi Joḥanan: Both are slaves. Following Rebbi, since Rebbi said that a person can free half of his slave.

“You are free but your child will be a slave,” her child is like her, the words of Rebbi Yose the Galilean. But the Sages say, he did not do anything. Rebbi Eleazar said, so did Rebbi Hoshaia, the father of the Mishnah, explain: Both are free. Rebbi Immi in the name of Rebbi Joḥanan: Both are slaves. According to Rebbi Joḥanan, it is understandable; there is a disagreement. What is the disagreement following Rebbi Eleazar? But it must be so: His words stand, the words of Rebbi Yose the Galilean. But the Sages say, he did not do anything. What means “he did not do anything”? Rebbi Eleazar said, so did Rebbi Hoshaia, the father of the Mishnah, explain: Both are free. Rebbi Immi in the name of Rebbi Joḥanan: Both are slaves. Following Rebbi, since Rebbi said that a person can free half of his slave.

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

Rav Jehudah sent to Rebbi Eleazar: If a keeper give to another keeper. He answered, the first is responsible. Rebbi Joḥanan said, the second is responsible. Rebbi Simeon ben Laqish said, the second is responsible. There, we have stated: “If somebody leases a cow from another person and lends it to a third party; if it died naturally, the lessee has to swear that it died naturally and the borrower has to pay to the lessee. Rebbi Yose said, how can this person make a deal with another’s cow? But the cow’s [price] has to be restituted to the owner.” Rebbi Hila in the name of Rebbi Yannai: Only if he gave permission to lend to others. Also Rebbi Ḥiyya stated thus: “The borrower cannot lend, nor the lessee lease, nor the borrower lease, nor the lessee lend, nor the trustee give to another unless they received permission from the owners. And all who changed the titles without the owners’ knowledge are liable. But the borrower is liable even if he did not change.” But it is because we stated: “An unpaid watchman can stipulate to be exempt from an oath and the borrower may stipulate that he not have to pay.” This means that even if he stipulated to be exempt he is obligated. What if he wanted to let the borrower swear? Let us hear from the following: “If he wrote to her: ‘I have no vow or oath against you,’ he cannot make her swear, but he can ask an oath from the heirs or her business associates.” This implies that if he wanted to make the borrower swear, he can force him to swear. The second case teaches about the first, that if he wants to force the wife to swear, he can make her swear. Rebbi Ḥanina said, it is not necessary to derive the first case from the second, and what does one learn for the second case from the first? Following what Rebbi Hila said in the name of Rebbi Yannai: Only if he gave permission to lend to others. And here, only if he gave permission to let her sons be stewards. Rebbi Yose said, he has to pay the lease the entire time it is leased to him. Rebbi Ze‘ira asked Rebbi Abinna: If the owners borrowed it and it died? He said to him, we hold that they ate it. Rebbi Yose bar Abun said, if they ate it, they ate their own property. Rebbi Ze‘ira asked before Rebbi Yasa: How does one act? He said to him, there are two against four; one does not act following the argument. He said to him, they are two against two! Rebbi Eleazar is the Elder Rebbi Ḥiyya’s student; Rebbi Joḥanan is Rebbi Yannai’s student.

Rav Jehudah sent to Rebbi Eleazar: If a keeper give to another keeper. He answered, the first is responsible. Rebbi Joḥanan said, the second is responsible. Rebbi Simeon ben Laqish said, the second is responsible. There, we have stated: “If somebody leases a cow from another person and lends it to a third party; if it died naturally, the lessee has to swear that it died naturally and the borrower has to pay to the lessee. Rebbi Yose said, how can this person make a deal with another’s cow? But the cow’s [price] has to be restituted to the owner.” Rebbi Hila in the name of Rebbi Yannai: Only if he gave permission to lend to others. Also Rebbi Ḥiyya stated thus: “The borrower cannot lend, nor the lessee lease, nor the borrower lease, nor the lessee lend, nor the trustee give to another unless they received permission from the owners. And all who changed the titles without the owners’ knowledge are liable. But the borrower is liable even if he did not change.” But it is because we stated: “An unpaid watchman can stipulate to be exempt from an oath and the borrower may stipulate that he not have to pay.” This means that even if he stipulated to be exempt he is obligated. What if he wanted to let the borrower swear? Let us hear from the following: “If he wrote to her: ‘I have no vow or oath against you,’ he cannot make her swear, but he can ask an oath from the heirs or her business associates.” This implies that if he wanted to make the borrower swear, he can force him to swear. The second case teaches about the first, that if he wants to force the wife to swear, he can make her swear. Rebbi Ḥanina said, it is not necessary to derive the first case from the second, and what does one learn for the second case from the first? Following what Rebbi Hila said in the name of Rebbi Yannai: Only if he gave permission to lend to others. And here, only if he gave permission to let her sons be stewards. Rebbi Yose said, he has to pay the lease the entire time it is leased to him. Rebbi Ze‘ira asked Rebbi Abinna: If the owners borrowed it and it died? He said to him, we hold that they ate it. Rebbi Yose bar Abun said, if they ate it, they ate their own property. Rebbi Ze‘ira asked before Rebbi Yasa: How does one act? He said to him, there are two against four; one does not act following the argument. He said to him, they are two against two! Rebbi Eleazar is the Elder Rebbi Ḥiyya’s student; Rebbi Joḥanan is Rebbi Yannai’s student.

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

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

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

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

Rebbi Yasa in the name of Rebbi Joḥanan: If two fields were involved, one in Judea and one in Galilee. If he took possession of the one in Judea with the intent of taking possession of the one in Galilee, or the one in Galilee with the intent of taking possession of the one in Judea, he took possession. But in [the case of] property of a proselyte he did not acquire even the boundary strip between them. Rebbi Ze‘ira asked before Rebbi Yasa: If he intended to acquire starting from the boundary strip and below? Rav Ḥisda said, property of a proselyte which he took possession of in the North with the intent of also acquiring that in the South, or in the South with the intent of acquiring also that in the North, but did not have the intent of acquiring the strip in the middle, he did not acquire unless he also intended to acquire the middle part. A baraita disagrees with Rav Ḥisda: If a proselyte died and Jews plundered his property, if one takes possession of the ground he is obligated for everything. If he took possession of standing grain, he is obligated for fallen stalks, forgotten sheaves, and peah but freed from tithes. Does not the air separate between stalks? There, we have stated: “If he tore off anything connected to the ground, he took possession.” Samuel said, he took possession only of that leaf. But did we not state: “If it was connected to the ground and he tore off anything, he took possession”? Rebbi Yose said, Rebbi Eudaimon the emigrant confirmed it: Samuel will agree, for proselyte’s property.

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

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

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

There, we have stated: “The father bestows on his son beauty, strength, riches, wisdom, and years.” From where beauty? “May Your deeds appear on Your servants, and Your glory on their sons.” Strength, “strong on earth will be his descendants.” Riches, “I was young and became old, but never saw a just man abandoned and his descendants in need of bread.” Wisdom, “you shall teach your sons to argue about them.” Years, “that your and your sons’ days be many.” And just as he inherits five qualities, so he owes him the following five things. He feeds him, he gives him to drink, he clothes him, he puts on his shoes, he leads him. That is what is written: “This should fall on Joab’s head: sufferer from flux and from skin disease, holding the distaff, falling by the sword, and senseless.” Sufferer from flux, weak. From skin disease, abandoned. Holding the distaff, uneducated. Falling by the sword, short lived. Without bread, poor. When Solomon came to kill Joab, he said to him: Your father gave me five sentences; accept them and I can be killed. He accepted them and all of them came to pass on the House of David. Sufferer from flux was Rehabeam: “King Rehabeam with difficulty climbed on his chariot to flee to Jerusalem;” some say, he suffered from flux; some say, he was weak. Suffering from skin disease was Uziahu: “King Uziahu suffered from skin disease until the day of his death.” Holding the distaff was Joash: “They punished Joash.” Rebbi Ismael stated: This teaches that they gave him over to hardened hoodlums who had never known a woman and they raped him the way women are raped. That is what is written: “Israel’s pride will testify against it,” Israel’s pride will be raped in its face. Falling by the sword, this is Josiah, as is written: “The archers shot at king Josia,” and Rebbi Joḥanan said, this teaches that they made his body like a sieve. Rebbi Ismael stated: 300 arrows were shot at the Eternal’s anointed. Without bread, that is Jehoiachin: “And his meal, a permanent meal was given to him,.”

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

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

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

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

We have stated: “A preliminarily married adolescent girl, or her father, can accept her bill of divorce.” Rebbi Simeon ben Laqish said, like the disagreement about divorce is the disagreement about preliminary marriage. Rebbi Joḥanan said, everybody agrees about preliminary marriage that her father contracts but not she herself. Rebbi Simeon ben Laqish agrees about a definitive marriage that she is not empowered to marry herself off and to let her father lose her earnings. In the opinion of Rebbi Joḥanan she has no legal standing relative to her father and cannot appoint an agent. In the opinion of Rebbi Simeon ben Laqish she does have legal standing relative to her father and can appoint an agent. A Mishnah disagrees with Rebbi Joḥanan: “A man contracts a preliminary marriage either in person or through his agent and a woman contracts a preliminary marriage either in person or through her agent.” He explains it about an adult woman. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is no valid bill of divorce until it reaches her hand.” He explains it about an orphan. But did we not state: “If her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.” He explains that the Mishnah deals with cases; the first part about an orphan and the second part if she has a father. A Mishnah disagrees with Rebbi Simeon ben Laqish. “A man may contract a preliminary marriage for his adolescent daughter either by himself or by his agent.” He explains that following Rebbi Jehudah, since Rebbi Jehudah said, “no two hands can acquire together.” Rebbi Yose said, a rabbi came out from the assembly and said, a case was decided following Rebbi Joḥanan. Can one rely on that? It was no question of relying on him since it was as from the sea to the frying pan.

We have stated: “A preliminarily married adolescent girl, or her father, can accept her bill of divorce.” Rebbi Simeon ben Laqish said, like the disagreement about divorce is the disagreement about preliminary marriage. Rebbi Joḥanan said, everybody agrees about preliminary marriage that her father contracts but not she herself. Rebbi Simeon ben Laqish agrees about a definitive marriage that she is not empowered to marry herself off and to let her father lose her earnings. In the opinion of Rebbi Joḥanan she has no legal standing relative to her father and cannot appoint an agent. In the opinion of Rebbi Simeon ben Laqish she does have legal standing relative to her father and can appoint an agent. A Mishnah disagrees with Rebbi Joḥanan: “A man contracts a preliminary marriage either in person or through his agent and a woman contracts a preliminary marriage either in person or through her agent.” He explains it about an adult woman. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is no valid bill of divorce until it reaches her hand.” He explains it about an orphan. But did we not state: “If her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.” He explains that the Mishnah deals with cases; the first part about an orphan and the second part if she has a father. A Mishnah disagrees with Rebbi Simeon ben Laqish. “A man may contract a preliminary marriage for his adolescent daughter either by himself or by his agent.” He explains that following Rebbi Jehudah, since Rebbi Jehudah said, “no two hands can acquire together.” Rebbi Yose said, a rabbi came out from the assembly and said, a case was decided following Rebbi Joḥanan. Can one rely on that? It was no question of relying on him since it was as from the sea to the frying pan.

We have stated: “A preliminarily married adolescent girl, or her father, can accept her bill of divorce.” Rebbi Simeon ben Laqish said, like the disagreement about divorce is the disagreement about preliminary marriage. Rebbi Joḥanan said, everybody agrees about preliminary marriage that her father contracts but not she herself. Rebbi Simeon ben Laqish agrees about a definitive marriage that she is not empowered to marry herself off and to let her father lose her earnings. In the opinion of Rebbi Joḥanan she has no legal standing relative to her father and cannot appoint an agent. In the opinion of Rebbi Simeon ben Laqish she does have legal standing relative to her father and can appoint an agent. A Mishnah disagrees with Rebbi Joḥanan: “A man contracts a preliminary marriage either in person or through his agent and a woman contracts a preliminary marriage either in person or through her agent.” He explains it about an adult woman. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is no valid bill of divorce until it reaches her hand.” He explains it about an orphan. But did we not state: “If her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.” He explains that the Mishnah deals with cases; the first part about an orphan and the second part if she has a father. A Mishnah disagrees with Rebbi Simeon ben Laqish. “A man may contract a preliminary marriage for his adolescent daughter either by himself or by his agent.” He explains that following Rebbi Jehudah, since Rebbi Jehudah said, “no two hands can acquire together.” Rebbi Yose said, a rabbi came out from the assembly and said, a case was decided following Rebbi Joḥanan. Can one rely on that? It was no question of relying on him since it was as from the sea to the frying pan.

We have stated: “A preliminarily married adolescent girl, or her father, can accept her bill of divorce.” Rebbi Simeon ben Laqish said, like the disagreement about divorce is the disagreement about preliminary marriage. Rebbi Joḥanan said, everybody agrees about preliminary marriage that her father contracts but not she herself. Rebbi Simeon ben Laqish agrees about a definitive marriage that she is not empowered to marry herself off and to let her father lose her earnings. In the opinion of Rebbi Joḥanan she has no legal standing relative to her father and cannot appoint an agent. In the opinion of Rebbi Simeon ben Laqish she does have legal standing relative to her father and can appoint an agent. A Mishnah disagrees with Rebbi Joḥanan: “A man contracts a preliminary marriage either in person or through his agent and a woman contracts a preliminary marriage either in person or through her agent.” He explains it about an adult woman. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is no valid bill of divorce until it reaches her hand.” He explains it about an orphan. But did we not state: “If her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.” He explains that the Mishnah deals with cases; the first part about an orphan and the second part if she has a father. A Mishnah disagrees with Rebbi Simeon ben Laqish. “A man may contract a preliminary marriage for his adolescent daughter either by himself or by his agent.” He explains that following Rebbi Jehudah, since Rebbi Jehudah said, “no two hands can acquire together.” Rebbi Yose said, a rabbi came out from the assembly and said, a case was decided following Rebbi Joḥanan. Can one rely on that? It was no question of relying on him since it was as from the sea to the frying pan.

Rav Hamnuna in the name of Rebbi Assi: If an underage girl married herself off preliminarily with two pubic hairs, her father repudiates the marriage but not she herself. This follows neither Rebbi Joḥanan nor Rebbi Simeon ben Laqish. If following Rebbi Joḥanan, there is no place for repudiation. If following Rebbi Simeon ben Laqish, the marriage is valid by biblical standards. It follows only Rebbi Joḥanan. Even though Rebbi Joḥanan says that everybody agrees about preliminary marriage that her father contracts but not she herself, he agrees in this case that the father repudiates on her behalf.

Rav Hamnuna in the name of Rebbi Assi: If an underage girl married herself off preliminarily with two pubic hairs, her father repudiates the marriage but not she herself. This follows neither Rebbi Joḥanan nor Rebbi Simeon ben Laqish. If following Rebbi Joḥanan, there is no place for repudiation. If following Rebbi Simeon ben Laqish, the marriage is valid by biblical standards. It follows only Rebbi Joḥanan. Even though Rebbi Joḥanan says that everybody agrees about preliminary marriage that her father contracts but not she herself, he agrees in this case that the father repudiates on her behalf.

Rav Hamnuna in the name of Rebbi Assi: If an underage girl married herself off preliminarily with two pubic hairs, her father repudiates the marriage but not she herself. This follows neither Rebbi Joḥanan nor Rebbi Simeon ben Laqish. If following Rebbi Joḥanan, there is no place for repudiation. If following Rebbi Simeon ben Laqish, the marriage is valid by biblical standards. It follows only Rebbi Joḥanan. Even though Rebbi Joḥanan says that everybody agrees about preliminary marriage that her father contracts but not she herself, he agrees in this case that the father repudiates on her behalf.

Rav Hamnuna in the name of Rebbi Assi: If an underage girl married herself off preliminarily with two pubic hairs, her father repudiates the marriage but not she herself. This follows neither Rebbi Joḥanan nor Rebbi Simeon ben Laqish. If following Rebbi Joḥanan, there is no place for repudiation. If following Rebbi Simeon ben Laqish, the marriage is valid by biblical standards. It follows only Rebbi Joḥanan. Even though Rebbi Joḥanan says that everybody agrees about preliminary marriage that her father contracts but not she herself, he agrees in this case that the father repudiates on her behalf.

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

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

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

“ ‘Hold this tetradrachma for me’ and at the moment of delivery he said, ‘lo, you are preliminarily married to me,’ she is preliminarily married. After delivery, if she agrees, she is preliminarily married, otherwise she is not preliminarily married. ‘Here is the tetradrachma which I owe you,’ and at the moment of delivery he said, ‘lo, you are preliminarily married to me,’ if she agrees, she is preliminarily married, otherwise she is not preliminarily married. If after delivery he said, ‘lo, you are preliminarily married to me,’ she is not preliminarily married even if both parties agree. What can he do? He should take the coin back, deliver it again and say, ‘lo, you are preliminarily married to me.’ ‘Be preliminarily married to me by this mina,’ if it turns out that a denar was missing, she is not preliminarily married. If one denar was bad, she is preliminarily married if he replaces it. If he was counting the coins into her hand, she can change her mind any time before he finishes.” Rebbi Eleazar said, she is preliminarily married by the first [coin]; the remainder is a condition. Rebbi Joḥanan said, only after he completes [the count.] It was said that Rebbi Joḥanan changed his mind about this.

“ ‘Hold this tetradrachma for me’ and at the moment of delivery he said, ‘lo, you are preliminarily married to me,’ she is preliminarily married. After delivery, if she agrees, she is preliminarily married, otherwise she is not preliminarily married. ‘Here is the tetradrachma which I owe you,’ and at the moment of delivery he said, ‘lo, you are preliminarily married to me,’ if she agrees, she is preliminarily married, otherwise she is not preliminarily married. If after delivery he said, ‘lo, you are preliminarily married to me,’ she is not preliminarily married even if both parties agree. What can he do? He should take the coin back, deliver it again and say, ‘lo, you are preliminarily married to me.’ ‘Be preliminarily married to me by this mina,’ if it turns out that a denar was missing, she is not preliminarily married. If one denar was bad, she is preliminarily married if he replaces it. If he was counting the coins into her hand, she can change her mind any time before he finishes.” Rebbi Eleazar said, she is preliminarily married by the first [coin]; the remainder is a condition. Rebbi Joḥanan said, only after he completes [the count.] It was said that Rebbi Joḥanan changed his mind about this.

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

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

“Rebbi Simeon said, if he tricked her by understatement she is preliminarily married.” Rebbi Joḥanan said, Rebbi Simeon agrees that she is not preliminarily married if he tricked her by misstating his personal status. Rebbi Yose said, the Mishnah says this: “ ‘On condition that I be a Cohen,’ and he turned out to be a Levite.”

HALAKHAH: “If somebody performed preliminary marriage with a woman etc. We have stated defects. Which vows? Rebbi Joḥanan in the name of Rebbi Simeon ben Yoṣadaq: If she vowed not to eat meat, or not to drink wine, or not to wear dyed garments. Rebbi Ze‘ira said, the fine linen garments which come from Bet She‘an have the status of dyed garments. Rebbi Yose said, the Mishnah deals with the case that he said to her, “on condition that you have no obligation of vows on you.” But if he said to her, “on condition that you have no vow on you,” then even if she made a vow not to eat carob fruit it is a vow.

“If he married her definitively without inquiry”. Rebbi Simeon ben Laqish said, the Mishnah deals with the case that he married her preliminarily conditionally but definitively silently. But if he married her preliminarily silently and definitively silently, she can claim her ketubah. Rebbi Joḥanan said, even if he married her preliminarily silently and definitively silently, she has no ketubah. Rebbi Ḥiyya in the name of Rebbi Joḥanan: But she needs a bill of divorce from him even if he married her preliminarily conditionally but definitively silently. Rebbi Ze‘ira asked before Rebbi Mana: In case he married her preliminarily silently and divorced her after the preliminary marriage, what does Rebbi Simeon ben Laqish say? Let us hear from the following: “If she had bodily defects, as long as she is in her father’s house, the father has to prove.” This implies that if he proved his case, she can claim her ketubah. What do you see to say, if he married her preliminarily silently and divorced her after the preliminary marriage! Where do we hold? Since afterwards [it is stated]: “When was this said? For hidden defects, but he has no claim about visible defects.” If he. made it conditional, could he not also claim for visible ones? But did not the colleagues say before Rebbi Yose: Should we say that the following statement disagrees with Rebbi Simeon ben Laqish? “Once she entered her husband’s domain, the husband has to prove.” This implies that if the husband proved his case, she has no claim to ketubah. But by the statement of Rebbi Simeon ben Laqish, she has a claim to ketubah. Rebbi Cohen in the name of the rabbis of Caesarea: The Mishnah deals with the case that he definitively married her but did not sleep with her; Rebbi Simeon ben Laqish speaks about the case that he definitively married her and slept with her; I am saying that she was acceptable to him since he took her to bed.

“If he married her definitively without inquiry”. Rebbi Simeon ben Laqish said, the Mishnah deals with the case that he married her preliminarily conditionally but definitively silently. But if he married her preliminarily silently and definitively silently, she can claim her ketubah. Rebbi Joḥanan said, even if he married her preliminarily silently and definitively silently, she has no ketubah. Rebbi Ḥiyya in the name of Rebbi Joḥanan: But she needs a bill of divorce from him even if he married her preliminarily conditionally but definitively silently. Rebbi Ze‘ira asked before Rebbi Mana: In case he married her preliminarily silently and divorced her after the preliminary marriage, what does Rebbi Simeon ben Laqish say? Let us hear from the following: “If she had bodily defects, as long as she is in her father’s house, the father has to prove.” This implies that if he proved his case, she can claim her ketubah. What do you see to say, if he married her preliminarily silently and divorced her after the preliminary marriage! Where do we hold? Since afterwards [it is stated]: “When was this said? For hidden defects, but he has no claim about visible defects.” If he. made it conditional, could he not also claim for visible ones? But did not the colleagues say before Rebbi Yose: Should we say that the following statement disagrees with Rebbi Simeon ben Laqish? “Once she entered her husband’s domain, the husband has to prove.” This implies that if the husband proved his case, she has no claim to ketubah. But by the statement of Rebbi Simeon ben Laqish, she has a claim to ketubah. Rebbi Cohen in the name of the rabbis of Caesarea: The Mishnah deals with the case that he definitively married her but did not sleep with her; Rebbi Simeon ben Laqish speaks about the case that he definitively married her and slept with her; I am saying that she was acceptable to him since he took her to bed.

HALAKHAH: “If somebody preliminarily marries two women with the value of a peruṭah,” etc. It was stated: “In all these cases, if they had intercourse they acquired. Rebbi Simeon [ben] Jehudah says in the name of Rebbi Simeon: In all these cases, if they had intercourse they did acquire since his intercourse was predicated on the preceding preliminary marriage.” What did they acquire? Rebbi Ḥiyya in the name of Rebbi Joḥanan: They acquired for restrictions. Rebbi Ḥiyya in the name of Rebbi Joḥanan: With any condition which refers to a preceding action, she is preliminarily married for restrictions. Rebbi Mana asked before Rebbi Yudan: Who is the Tanna who stated: “Any condition which refers to a preceding action is invalid”? This does not follow Rebbi Simeon. Rebbi Yudan in the name of Rebbi Joḥanan: She is preliminarily married for restrictions. How is that: “I am marrying you preliminarily by intercourse on condition that rains should fall.” If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Ḥiyya in the name of Rebbi Joḥanan: In matters of a preliminary marriage by a loan for restrictions, for real estate it was not acquired, for movables one does not deliver him to “Him Who exacted retribution.” If [the buyer] insists on the deal? Let us hear from the following: “You have wine to get from me, when he had no wine.” Therefore, if he had wine he would be obligated to deliver. Rebbi Ḥiyya stated, if he has wine he is obligated to deliver. Rebbi Samuel ben Rav Isaac did (not) say there: You should know that Rebbi Ḥiyya instructed following Rebbi Joḥanan that a preliminary marriage by a loan is for restrictions. Rebbi Ze‘ira resented it. Why? Because they were restrictive in practice and he taught them leniency? Rebbi Yose ben Rebbi Abun said, they were lenient in practice and he taught them to be restrictive, that if another man came and married her preliminarily, his marriage would hold. Rebbi Yudan ben Rebbi Ḥanan said, if there is a doubt between adultery and no adultery, decide on no adultery.

HALAKHAH: “If somebody preliminarily marries two women with the value of a peruṭah,” etc. It was stated: “In all these cases, if they had intercourse they acquired. Rebbi Simeon [ben] Jehudah says in the name of Rebbi Simeon: In all these cases, if they had intercourse they did acquire since his intercourse was predicated on the preceding preliminary marriage.” What did they acquire? Rebbi Ḥiyya in the name of Rebbi Joḥanan: They acquired for restrictions. Rebbi Ḥiyya in the name of Rebbi Joḥanan: With any condition which refers to a preceding action, she is preliminarily married for restrictions. Rebbi Mana asked before Rebbi Yudan: Who is the Tanna who stated: “Any condition which refers to a preceding action is invalid”? This does not follow Rebbi Simeon. Rebbi Yudan in the name of Rebbi Joḥanan: She is preliminarily married for restrictions. How is that: “I am marrying you preliminarily by intercourse on condition that rains should fall.” If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Ḥiyya in the name of Rebbi Joḥanan: In matters of a preliminary marriage by a loan for restrictions, for real estate it was not acquired, for movables one does not deliver him to “Him Who exacted retribution.” If [the buyer] insists on the deal? Let us hear from the following: “You have wine to get from me, when he had no wine.” Therefore, if he had wine he would be obligated to deliver. Rebbi Ḥiyya stated, if he has wine he is obligated to deliver. Rebbi Samuel ben Rav Isaac did (not) say there: You should know that Rebbi Ḥiyya instructed following Rebbi Joḥanan that a preliminary marriage by a loan is for restrictions. Rebbi Ze‘ira resented it. Why? Because they were restrictive in practice and he taught them leniency? Rebbi Yose ben Rebbi Abun said, they were lenient in practice and he taught them to be restrictive, that if another man came and married her preliminarily, his marriage would hold. Rebbi Yudan ben Rebbi Ḥanan said, if there is a doubt between adultery and no adultery, decide on no adultery.

HALAKHAH: “If somebody preliminarily marries two women with the value of a peruṭah,” etc. It was stated: “In all these cases, if they had intercourse they acquired. Rebbi Simeon [ben] Jehudah says in the name of Rebbi Simeon: In all these cases, if they had intercourse they did acquire since his intercourse was predicated on the preceding preliminary marriage.” What did they acquire? Rebbi Ḥiyya in the name of Rebbi Joḥanan: They acquired for restrictions. Rebbi Ḥiyya in the name of Rebbi Joḥanan: With any condition which refers to a preceding action, she is preliminarily married for restrictions. Rebbi Mana asked before Rebbi Yudan: Who is the Tanna who stated: “Any condition which refers to a preceding action is invalid”? This does not follow Rebbi Simeon. Rebbi Yudan in the name of Rebbi Joḥanan: She is preliminarily married for restrictions. How is that: “I am marrying you preliminarily by intercourse on condition that rains should fall.” If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Ḥiyya in the name of Rebbi Joḥanan: In matters of a preliminary marriage by a loan for restrictions, for real estate it was not acquired, for movables one does not deliver him to “Him Who exacted retribution.” If [the buyer] insists on the deal? Let us hear from the following: “You have wine to get from me, when he had no wine.” Therefore, if he had wine he would be obligated to deliver. Rebbi Ḥiyya stated, if he has wine he is obligated to deliver. Rebbi Samuel ben Rav Isaac did (not) say there: You should know that Rebbi Ḥiyya instructed following Rebbi Joḥanan that a preliminary marriage by a loan is for restrictions. Rebbi Ze‘ira resented it. Why? Because they were restrictive in practice and he taught them leniency? Rebbi Yose ben Rebbi Abun said, they were lenient in practice and he taught them to be restrictive, that if another man came and married her preliminarily, his marriage would hold. Rebbi Yudan ben Rebbi Ḥanan said, if there is a doubt between adultery and no adultery, decide on no adultery.

HALAKHAH: “If somebody preliminarily marries two women with the value of a peruṭah,” etc. It was stated: “In all these cases, if they had intercourse they acquired. Rebbi Simeon [ben] Jehudah says in the name of Rebbi Simeon: In all these cases, if they had intercourse they did acquire since his intercourse was predicated on the preceding preliminary marriage.” What did they acquire? Rebbi Ḥiyya in the name of Rebbi Joḥanan: They acquired for restrictions. Rebbi Ḥiyya in the name of Rebbi Joḥanan: With any condition which refers to a preceding action, she is preliminarily married for restrictions. Rebbi Mana asked before Rebbi Yudan: Who is the Tanna who stated: “Any condition which refers to a preceding action is invalid”? This does not follow Rebbi Simeon. Rebbi Yudan in the name of Rebbi Joḥanan: She is preliminarily married for restrictions. How is that: “I am marrying you preliminarily by intercourse on condition that rains should fall.” If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Ḥiyya in the name of Rebbi Joḥanan: In matters of a preliminary marriage by a loan for restrictions, for real estate it was not acquired, for movables one does not deliver him to “Him Who exacted retribution.” If [the buyer] insists on the deal? Let us hear from the following: “You have wine to get from me, when he had no wine.” Therefore, if he had wine he would be obligated to deliver. Rebbi Ḥiyya stated, if he has wine he is obligated to deliver. Rebbi Samuel ben Rav Isaac did (not) say there: You should know that Rebbi Ḥiyya instructed following Rebbi Joḥanan that a preliminary marriage by a loan is for restrictions. Rebbi Ze‘ira resented it. Why? Because they were restrictive in practice and he taught them leniency? Rebbi Yose ben Rebbi Abun said, they were lenient in practice and he taught them to be restrictive, that if another man came and married her preliminarily, his marriage would hold. Rebbi Yudan ben Rebbi Ḥanan said, if there is a doubt between adultery and no adultery, decide on no adultery.

HALAKHAH: “If somebody preliminarily marries two women with the value of a peruṭah,” etc. It was stated: “In all these cases, if they had intercourse they acquired. Rebbi Simeon [ben] Jehudah says in the name of Rebbi Simeon: In all these cases, if they had intercourse they did acquire since his intercourse was predicated on the preceding preliminary marriage.” What did they acquire? Rebbi Ḥiyya in the name of Rebbi Joḥanan: They acquired for restrictions. Rebbi Ḥiyya in the name of Rebbi Joḥanan: With any condition which refers to a preceding action, she is preliminarily married for restrictions. Rebbi Mana asked before Rebbi Yudan: Who is the Tanna who stated: “Any condition which refers to a preceding action is invalid”? This does not follow Rebbi Simeon. Rebbi Yudan in the name of Rebbi Joḥanan: She is preliminarily married for restrictions. How is that: “I am marrying you preliminarily by intercourse on condition that rains should fall.” If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Ḥiyya in the name of Rebbi Joḥanan: In matters of a preliminary marriage by a loan for restrictions, for real estate it was not acquired, for movables one does not deliver him to “Him Who exacted retribution.” If [the buyer] insists on the deal? Let us hear from the following: “You have wine to get from me, when he had no wine.” Therefore, if he had wine he would be obligated to deliver. Rebbi Ḥiyya stated, if he has wine he is obligated to deliver. Rebbi Samuel ben Rav Isaac did (not) say there: You should know that Rebbi Ḥiyya instructed following Rebbi Joḥanan that a preliminary marriage by a loan is for restrictions. Rebbi Ze‘ira resented it. Why? Because they were restrictive in practice and he taught them leniency? Rebbi Yose ben Rebbi Abun said, they were lenient in practice and he taught them to be restrictive, that if another man came and married her preliminarily, his marriage would hold. Rebbi Yudan ben Rebbi Ḥanan said, if there is a doubt between adultery and no adultery, decide on no adultery.

HALAKHAH: “If somebody preliminarily marries two women with the value of a peruṭah,” etc. It was stated: “In all these cases, if they had intercourse they acquired. Rebbi Simeon [ben] Jehudah says in the name of Rebbi Simeon: In all these cases, if they had intercourse they did acquire since his intercourse was predicated on the preceding preliminary marriage.” What did they acquire? Rebbi Ḥiyya in the name of Rebbi Joḥanan: They acquired for restrictions. Rebbi Ḥiyya in the name of Rebbi Joḥanan: With any condition which refers to a preceding action, she is preliminarily married for restrictions. Rebbi Mana asked before Rebbi Yudan: Who is the Tanna who stated: “Any condition which refers to a preceding action is invalid”? This does not follow Rebbi Simeon. Rebbi Yudan in the name of Rebbi Joḥanan: She is preliminarily married for restrictions. How is that: “I am marrying you preliminarily by intercourse on condition that rains should fall.” If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Ḥiyya in the name of Rebbi Joḥanan: In matters of a preliminary marriage by a loan for restrictions, for real estate it was not acquired, for movables one does not deliver him to “Him Who exacted retribution.” If [the buyer] insists on the deal? Let us hear from the following: “You have wine to get from me, when he had no wine.” Therefore, if he had wine he would be obligated to deliver. Rebbi Ḥiyya stated, if he has wine he is obligated to deliver. Rebbi Samuel ben Rav Isaac did (not) say there: You should know that Rebbi Ḥiyya instructed following Rebbi Joḥanan that a preliminary marriage by a loan is for restrictions. Rebbi Ze‘ira resented it. Why? Because they were restrictive in practice and he taught them leniency? Rebbi Yose ben Rebbi Abun said, they were lenient in practice and he taught them to be restrictive, that if another man came and married her preliminarily, his marriage would hold. Rebbi Yudan ben Rebbi Ḥanan said, if there is a doubt between adultery and no adultery, decide on no adultery.

Rebbi Eleazar said, sisters are not preliminarily married but in the case of purification sacrifices it atoned. How is that? If one slaughtered two purification offerings for one transgression, the altar selects that which is appropriate; both are forbidden to be eaten. If one slaughtered two reparation offerings for one damage, the altar selects that which is appropriate; both are forbidden to be eaten. Rebbi Ze‘ira in the name of Rebbi Joḥanan: If the first one was slaughtered not for its purpose but the second for its purpose, it did atone since the first, which was not for its purpose, becomes acceptable only through the purpose stated later. But if the first was slaughtered for its purpose but the second not for its purpose: if the first atoned for what may the second atone? For impurity which occured between the first and the second. But for Passover sacrifices it did not atone since the Passover sacrifice is only for the meat to be eaten. This does not follow Rebbi Nathan since Rebbi Nathan said, one fulfills one’s duty by sprinkling [the blood] without eating.

HALAKHAH: Rebbi Eleazar said, it is everybody’s opinion. Rebbi Joḥanan said, it is in dispute. There, we have stated: “One may sell a firstling unblemished alive, blemished alive or slaughtered, and one may use it for preliminarily marrying a woman.”

It was stated: “Concerning all of these, if he gave a name to their heave of the tithe or Second Tithe, what he did is done.” Rebbi Eleazar said, with the exception of the remainders of flour sacrifices. Rebbi Jeremiah said, the rest is in dispute. Rebbi Yose asked, what dispute? Where are we standing, if according to Rebbi Meïr, both for Second Tithe and for the remainders of flour sacrifices, he did not do anything. If according to Rebbi Jehudah, what he did is done. Rebbi Mana said, I went to Caesarea and heard Rebbi Ḥizqiah who was sitting there, stating: “If [a priest] preliminarily marries by means of his share in the holiest sacrifices or simple holy sacrifices, she is not married.” Rebbi Eleazar said, that is everybody’s opinion. Rebbi Joḥanan said, it is in dispute. I said to him, from whom did you hear this, and he said, from Rebbi Jeremiah. I said, this explains the matter! Rebbi Jeremiah, who heard that Rebbi Eleazar said, it is everybody’s opinion, he says it is in dispute. Rebbi Yose, who did not hear that, asked which dispute? If according to Rebbi Meïr, both for tithe and for the remainders of flour sacrifices, he did not do anything; if according to Rebbi Jehudah, what he did is done.

When Rebbi Meïr expired, Rebbi Jehudah decided and said, Rebbi Meïr’s students shall not enter here. Symmachos squeezed by and entered. He said, “Most holy sacrifices for preliminary marriage,” how could a woman enter the Temple courtyard? He said to him, if he contracts preliminary marriage through an agent. By what does he contract preliminary marriage? Rebbi Eleazar said, by its body. Rebbi Joḥanan said, by the goodwill created. Or we might say that they do not disagree. When Rebbi Eleazar said, by its body, [he meant] by the expected goodwill from it. Rebbi Ḥizqiah, Rebbi Bevai in the name of Rebbi Eleazar: One may contract preliminary marriage with a peruṭah from Second Tithe.

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

There, we have stated: “An animal that is found as from Jerusalem to Migdal-Eder in every direction.” The elder Rebbi Hoshaia said, this was taught for their monetary value. Rebbi Joḥanan said to him, does one say to a person, go and commit larceny with sacrifices? But in every case they followed the majority of cases: If most are male, they are elevation offerings, if most are female, well-being offerings. But do not well-being offerings come from males and females? What does he do? He redeems them as profane and then turns them into elevation offerings. This is difficult. Can a purification offering become an elevation offering? Rebbi Ḥanina said, it is a stipulation by the court that all redundant animals should be brought as elevation offerings. Rebbi Yose said to Rebbi Jacob bar Ḥama, is that not intentional [misuse]? He said to him, since it is a stipulation by the court, it is not intentional [misuse]. Rebbi Ze‘ira said, as you say there, it is a stipulation by the court that lost animals should be brought as elevation offerings.

HALAKHAH: “If a man performs preliminary marriage using ‘orlah, or kilaim of a vineyard,” etc. The first-born of a she-ass, Rebbi Eleazar said, may be used to preliminarily marry a woman; Rebbi Joḥanan said, it may not be used to preliminarily marry a woman. Rebbi Immi in the name of Rebbi Eleazar: The first-born of a she-ass may be used to preliminarily marry a woman by an argument de minore ad majus. Since you say that a firstling, whose prohibition cannot be lifted during its lifetime, can be used to preliminarily marry a woman, this one, whose prohibition can be lifted during its lifetime, not so much more? What is the difference between them? If somebody transgressed and redeemed it without the knowledge of its owner. Rebbi Eleazar said, it is not redeemed. Rebbi Joḥanan said, it is redeemed. A baraita supports Rebbi Eleazar and disagrees with him. A baraita supports Rebbi Eleazar: If somebody steals the first-born of another person’s she-ass, he has to pay double restitution. The end disagrees with him: For even though he has no interest in it now he will later. The Mishnah disagrees with Rebbi Eleazar: One may not use the first-born of a she-ass to preliminarily marry a woman. Rebbi Eleazar explained that, after breaking of [the foal’s] neck. For Rebbi Eleazar said, everybody agrees that after its neck was broken it cannot be redeemed.

HALAKHAH: “If a man performs preliminary marriage using ‘orlah, or kilaim of a vineyard,” etc. The first-born of a she-ass, Rebbi Eleazar said, may be used to preliminarily marry a woman; Rebbi Joḥanan said, it may not be used to preliminarily marry a woman. Rebbi Immi in the name of Rebbi Eleazar: The first-born of a she-ass may be used to preliminarily marry a woman by an argument de minore ad majus. Since you say that a firstling, whose prohibition cannot be lifted during its lifetime, can be used to preliminarily marry a woman, this one, whose prohibition can be lifted during its lifetime, not so much more? What is the difference between them? If somebody transgressed and redeemed it without the knowledge of its owner. Rebbi Eleazar said, it is not redeemed. Rebbi Joḥanan said, it is redeemed. A baraita supports Rebbi Eleazar and disagrees with him. A baraita supports Rebbi Eleazar: If somebody steals the first-born of another person’s she-ass, he has to pay double restitution. The end disagrees with him: For even though he has no interest in it now he will later. The Mishnah disagrees with Rebbi Eleazar: One may not use the first-born of a she-ass to preliminarily marry a woman. Rebbi Eleazar explained that, after breaking of [the foal’s] neck. For Rebbi Eleazar said, everybody agrees that after its neck was broken it cannot be redeemed.

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

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

HALAKHAH: Rebbi Yose ben Rebbi Ḥanina said, a person gives his tithes for the benefit of goodwill. What is the reason of Rebbi Yose ben Rebbi Ḥanina? (Num. 5:10) “Everybody shall be the owner of his holy things.” How does Rebbi Joḥanan explain this? He may give them to whomever he likes.

A Mishnah disagrees with Rebbi Yose ben Rebbi Ḥaninah: “A vow that no Cohanim or Levites should have any advantage from me: they should take against his will.” He explains it about a person who says, I cannot possibly give them any gifts. You should know that this is so, since we have stated: “These Cohanim and Levites should [not] have any advantage from me; let others take.” A baraita disagrees with Rebbi Joḥanan: “One may say, here you have a tetradrachma and give this firstling to my daughter’s son, a Cohen.” He explains, if he already wanted to give it to two Cohanim and that daughter’s son was one of them; then one said, here you have a tetradrachma and give it whole to my daughter’s son, a Cohen.

They asked before Rebbi Zeïra: a Cohen to an Israel, Rebbi forbids. What does Rebbi Yose say? He did not respond. Rebbi Ḥizqiah in the name of Rebbi Aḥa said, so he said to them: In the opinion of Rebbi Yose ben Rebbi Ḥanina, why is a Cohen to an Israel forbidden, not because it looks badly? Also Rebbi Joḥanan holds that from an Israel to an Israel it is forbidden because it looks badly. In addition, because of the following, as it was stated: “Cohanim and Levites who help at the threshing floor have no right either to heave or to tithe, and if the farmer gave, it is desecrated, as it is said (Lev. 22:15): ‘They should not desecrate the sanctified things of the Children of Israel,’ but they do desecrate them! In addition, they said that their heave is no heave, their tithes are no tithes, their dedications are no dedications, and about them the verse says (Micha 3:11): ‘Their heads judge for bribes, their priests instruct for hire, etc.’ The Omnipresent brings over them three catastrophes; that is what is written (Micha 3:12): ‘Therefore, because of you Zion will be ploughed over as a field, Jerusalem will be desolate, and the Temple Mount a wooded hill.’

A Mishnah disagrees with Rebbi Joḥanan: “If a man performs preliminary marriage using heaves, or tithes, or gifts to priests, or water for purification, or the ashes of purification, she is married even if he is an Israel.” He explains it with heave he inherited from his maternal grandfather, a Cohen.

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

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

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

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

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

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

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

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

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

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

Ḥizqiah said, if he redeemed them they revert to their sanctity. Rebbi Joḥanan said, if he redeemed them they are redeemed. The Mishnah disagrees with Rebbi Joḥanan: “These have no redemption.” He explains thus: After they were cut they do not need redemption. Rebbi Yose said, what Ḥizqiah said refers to the case that he himself redeemed them. But if another person redeemed them, the sanctity is removed from them. The argument of Rebbi Yose is switched: There, he says that if [another] redeemed them, the sanctity is removed from them, but here, he says that if she was married to another man the qiddušin [of the first] were not removed! All that is questionable for him is if he gave her two peruṭot, one for the moment and one for after he divorced her; what is the situation?

Ḥizqiah said, if he redeemed them they revert to their sanctity. Rebbi Joḥanan said, if he redeemed them they are redeemed. The Mishnah disagrees with Rebbi Joḥanan: “These have no redemption.” He explains thus: After they were cut they do not need redemption. Rebbi Yose said, what Ḥizqiah said refers to the case that he himself redeemed them. But if another person redeemed them, the sanctity is removed from them. The argument of Rebbi Yose is switched: There, he says that if [another] redeemed them, the sanctity is removed from them, but here, he says that if she was married to another man the qiddušin [of the first] were not removed! All that is questionable for him is if he gave her two peruṭot, one for the moment and one for after he divorced her; what is the situation?

Rebbi Yannai said: More than 30 Elders voted: from where that qiddushin have no legal effect on a sister-in-law? The verse says, “the wife of the deceased may not belong to any outside unrelated man”, that she cannot have any existence with an outsider. Rebbi Joḥanan said to him, is that not a Mishnah? “Or after your levir will have performed ḥalîṣah with you, she is not preliminarily married.” And Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” “get wise, my son, and make me happy, that I can answer those who insult me”, “give to the wise that he shall become wiser,” “let the wise listen that he increase in knowledge.” Rebbi Simeon ben Laqish said, after all these praises I can explain it following Rebbi Aqiba since Rebbi Aqiba said that there exists a bastard from a sister-in-law!

“On condition that my father agree; if the father agreed, she is preliminarily married; if the father does not agree, she is not preliminarily married;” silently he does not agree. “If the father died, she is preliminarily married;” silently he agreed. “If the son died, one instructs the father to say that he does not agree;” silently he agreed. Rebbi Joḥanan asked Rebbi Yannai, can the Mishnah say so? He answered him, do you ask wretched Yannai to explain Qiddušin? Rebbi Yannai returned and explained the Mishnah: “On condition that my father agree; if the father agreed, she is preliminarily married; otherwise she is not preliminarily married,” he said on condition that [the father] express his opinion but he did not. “If the father died, she is preliminarily married;” as if he had given his opinion. “If the son died, one instructs the father to say that he does not agree;” as if he had given his opinion. Rebbi Ze‘ira said [before Rebbi Yasa]: Can Rebbi Yannai explain the Mishnah as he wishes? He answered him, so says Rebbi Simeon ben Laqish, Rebbi does not refrain from stating generality and detail simultaneously. Rebbi Yose said, the Mishnah states thus: “On condition that I have a bet kor of arable land”, a generality; “at place X”, a detail.

HALAKHAH: “If one says, I preliminarily married off my daughter”, etc. About what is he trustworthy? Samuel says, he is trusted to give a bill of divorce. Assi said, he is trusted to marry. Rav Huna said in the name of Rav: He is trusted to marry. Rebbi Joḥanan said, he is trusted to marry but one does not infer anything for another case from this ruling. What means, one does not infer anything for another case from this ruling? I sold one of my fields but I do not remember to whom I sold it. If someone comes and says, I bought it, he is not trusted in any way. In preliminary marriage, the same holds true. “I betrothed one of my daughters but I do not remember to whom I betrothed her. If someone comes and says, I married her preliminarily,” he is not trusted in any way. The Mishnah disagrees with Rav: “If somebody brings a bill of divorce from overseas and says, it was written and signed in my presence, he shall not marry that woman.” There, she is considered by everybody to be a married woman. Here, she is considered to be a married woman only by two persons. One waits until these two come and say, this is the man who gave her qiddushin. The Mishnah disagrees with Samuel: “This one says, I married her preliminarily, and that one says, I married her preliminarily. Both of them give a bill of divorce, but if they agree, one gives a bill of divorce and the other one marries.” He explains this, if [the father] says, I did betrothe her to one of these two but I do not remember which one it was. Rebbi Ze‘ira, Rebbi Yasa, in the name of Rebbi Joḥanan: If one of them jumped the gun and married her, one does remove her from him. That is, if this one says, I married her preliminarily, and that one says, I married her preliminarily, and one of them jumped the gun and married her definitively. But if he said, I married her preliminarily and then married her definitively, and another one comes and says, I married her preliminarily, he is not trusted in any way. It was stated thus: If after the marriage another man comes and says, I married her preliminarily, he is not trusted in any way.

HALAKHAH: “If one says, I preliminarily married off my daughter”, etc. About what is he trustworthy? Samuel says, he is trusted to give a bill of divorce. Assi said, he is trusted to marry. Rav Huna said in the name of Rav: He is trusted to marry. Rebbi Joḥanan said, he is trusted to marry but one does not infer anything for another case from this ruling. What means, one does not infer anything for another case from this ruling? I sold one of my fields but I do not remember to whom I sold it. If someone comes and says, I bought it, he is not trusted in any way. In preliminary marriage, the same holds true. “I betrothed one of my daughters but I do not remember to whom I betrothed her. If someone comes and says, I married her preliminarily,” he is not trusted in any way. The Mishnah disagrees with Rav: “If somebody brings a bill of divorce from overseas and says, it was written and signed in my presence, he shall not marry that woman.” There, she is considered by everybody to be a married woman. Here, she is considered to be a married woman only by two persons. One waits until these two come and say, this is the man who gave her qiddushin. The Mishnah disagrees with Samuel: “This one says, I married her preliminarily, and that one says, I married her preliminarily. Both of them give a bill of divorce, but if they agree, one gives a bill of divorce and the other one marries.” He explains this, if [the father] says, I did betrothe her to one of these two but I do not remember which one it was. Rebbi Ze‘ira, Rebbi Yasa, in the name of Rebbi Joḥanan: If one of them jumped the gun and married her, one does remove her from him. That is, if this one says, I married her preliminarily, and that one says, I married her preliminarily, and one of them jumped the gun and married her definitively. But if he said, I married her preliminarily and then married her definitively, and another one comes and says, I married her preliminarily, he is not trusted in any way. It was stated thus: If after the marriage another man comes and says, I married her preliminarily, he is not trusted in any way.

So is the Mishnah: “If somebody said when dying, I have children, he is believed; I have brothers, he is not believed;” Rav said, since it is in his hand to divorce, he is to be believed. The word of Samuel agrees with this. A Persian when dying said to them: Give this man’s wife a bill of divorce. They asked him, why? Because of your wretched brother? After he died, the case came before Samuel who said, since it was in his hand to divorce, he is to be believed. Rebbi Joḥanan said, he is not to be believed. Ulla descended there and said this in the name of Rebbi Joḥanan; they ganged up on him. Think of it, if he was a Cohen?

So is the Mishnah: “If somebody said when dying, I have children, he is believed; I have brothers, he is not believed;” Rav said, since it is in his hand to divorce, he is to be believed. The word of Samuel agrees with this. A Persian when dying said to them: Give this man’s wife a bill of divorce. They asked him, why? Because of your wretched brother? After he died, the case came before Samuel who said, since it was in his hand to divorce, he is to be believed. Rebbi Joḥanan said, he is not to be believed. Ulla descended there and said this in the name of Rebbi Joḥanan; they ganged up on him. Think of it, if he was a Cohen?

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

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

HALAKHAH: “In any case of a not sinful preliminary marriage,” etc. Rebbi Simeon ben Laqish asked before Rebbi Joḥanan: If a proselyte married a bastard girl, there is no sinful preliminary marriage, but the child follows the blemished part? He answered, everywhere Rebbi taught, he explained: “Who is this? A priestly, or Levitic, or Israel woman married to a Cohen, a Levite, or an Israel.” Rebbi Abin understood this from the second part: (In any case of a not sinful preliminary marriage, the child follows the father.) [In any case of a sinful preliminary marriage, the child follows the blemished part.] Rebbi Simeon ben Laqish asked before Rebbi Joḥanan: If a proselyte married a bastard girl, there is no sinful preliminary marriage, but the child follows the blemished part? He answered, everywhere Rebbi taught, he explained: “Who is this? A widow [married to] a High priest, a divorcee or one who has received ḥalîṣah to a common priest, a bastard or a Gibeonite to an Israel, the daughter of an Israel to a bastard or a Gibeonite.” Could he not have objected to him: In the case of a disqualified priest married to the daughter of an Israel there is no sinful marriage but the child follows the blemished part? In the case of a man taking back his divorcee after she had been remarried, there is (no) sinful marriage but the child is unblemished since Rebbi Ḥiyya said in the name of Rebbi Joḥanan: The daughter of a man taking back his divorcee after she had been remarried is enabled for the priesthood. What is the reason? [For she is an abomination,] she is an abomination but her children are not an abomination.

HALAKHAH: “In any case of a not sinful preliminary marriage,” etc. Rebbi Simeon ben Laqish asked before Rebbi Joḥanan: If a proselyte married a bastard girl, there is no sinful preliminary marriage, but the child follows the blemished part? He answered, everywhere Rebbi taught, he explained: “Who is this? A priestly, or Levitic, or Israel woman married to a Cohen, a Levite, or an Israel.” Rebbi Abin understood this from the second part: (In any case of a not sinful preliminary marriage, the child follows the father.) [In any case of a sinful preliminary marriage, the child follows the blemished part.] Rebbi Simeon ben Laqish asked before Rebbi Joḥanan: If a proselyte married a bastard girl, there is no sinful preliminary marriage, but the child follows the blemished part? He answered, everywhere Rebbi taught, he explained: “Who is this? A widow [married to] a High priest, a divorcee or one who has received ḥalîṣah to a common priest, a bastard or a Gibeonite to an Israel, the daughter of an Israel to a bastard or a Gibeonite.” Could he not have objected to him: In the case of a disqualified priest married to the daughter of an Israel there is no sinful marriage but the child follows the blemished part? In the case of a man taking back his divorcee after she had been remarried, there is (no) sinful marriage but the child is unblemished since Rebbi Ḥiyya said in the name of Rebbi Joḥanan: The daughter of a man taking back his divorcee after she had been remarried is enabled for the priesthood. What is the reason? [For she is an abomination,] she is an abomination but her children are not an abomination.

HALAKHAH: “In any case of a not sinful preliminary marriage,” etc. Rebbi Simeon ben Laqish asked before Rebbi Joḥanan: If a proselyte married a bastard girl, there is no sinful preliminary marriage, but the child follows the blemished part? He answered, everywhere Rebbi taught, he explained: “Who is this? A priestly, or Levitic, or Israel woman married to a Cohen, a Levite, or an Israel.” Rebbi Abin understood this from the second part: (In any case of a not sinful preliminary marriage, the child follows the father.) [In any case of a sinful preliminary marriage, the child follows the blemished part.] Rebbi Simeon ben Laqish asked before Rebbi Joḥanan: If a proselyte married a bastard girl, there is no sinful preliminary marriage, but the child follows the blemished part? He answered, everywhere Rebbi taught, he explained: “Who is this? A widow [married to] a High priest, a divorcee or one who has received ḥalîṣah to a common priest, a bastard or a Gibeonite to an Israel, the daughter of an Israel to a bastard or a Gibeonite.” Could he not have objected to him: In the case of a disqualified priest married to the daughter of an Israel there is no sinful marriage but the child follows the blemished part? In the case of a man taking back his divorcee after she had been remarried, there is (no) sinful marriage but the child is unblemished since Rebbi Ḥiyya said in the name of Rebbi Joḥanan: The daughter of a man taking back his divorcee after she had been remarried is enabled for the priesthood. What is the reason? [For she is an abomination,] she is an abomination but her children are not an abomination.

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

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

A slave woman: “The woman and her children shall belong to her owner.” A Gentile woman. Rebbi Joḥanan [said] in the name of Rebbi Simeon ben Ioḥai, it is written: “You shall not conclude marriage with them, your daughter you shall not give to his son”. And it is written: “For he will divert your son from following Me.” Your son from a Jewish woman is called your son; but your son from a Gentile woman is not called your son but her son.

Jacob from Kefar Naboraia went to Tyre. They came to ask him, may one circumcise the son of a Gentile woman on the Sabbath? He wanted to permit it from the verse: “They determined their genealogies for their families according to their fathers’ houses.” Rebbi Ḥaggai heard it and said, he shall come and be whipped. He said to him, for what reason do you whip me? He said, from what is written: “Now we shall make a covenant to send away all foreign women and those born to them, etc”. He said, you want to whip me based on tradition? He said, “and it should be done according to the Torah.” He said to him, from which teaching? He said, from that which Rebbi Joḥanan said in the name of Rebbi Simeon ben Ioḥai, it is written: “You shall not conclude marriage with them,” etc. He said to him, whip your whipping, because it is good to impress.

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

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

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

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

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

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

HALAKHAH: “One who comes to marry a woman from a priestly family,” etc. Rebbi Joḥanan said, this is Rebbi Meïr’s, as we have stated: “What is qualified dough? Anyone about whom there is [no suspicion of descent from] a desecrated one, a bastard, or a Gibeonite. Rebbi Meïr says, the daughter of any woman not tainted with any of these is qualified for the priesthood. But about a family in which a disability had disappeared, Rebbi Meïr says he checks up to four mothers and marries, but the Sages say, he checks forever.” Rav said, these are the words of Rebbi Meïr, but the Sages say, he checks from which family one marries into the priesthood and marries. Through whom does he check? Rebbi Ḥaggai in the name of Rebbi Josia: He checks through his female relatives. To Rebbi Ḥama came an old man; he asked him: Does one marry into the priesthood from this family? He answered: yes, and he was making a match based on this information. Rav said to his son Ḥiyya: Descend a degree to marry a wife. Rebbi Idi said, the following is a frequent saying of the rabbis: “If the woman was not impure but she is pure.” If she was not impure, she is pure. Not like Pappos ben Jehudah who locks the door before his wife. One said to him, did your forefathers act like this? A Cohen came to Rebbi Joḥanan and said to him: I acted on the Mishnah when I married a woman from a priestly family and checked after her four mothers which are eight. He said to him, if the origin was defective, who would inform you?

HALAKHAH: “One who comes to marry a woman from a priestly family,” etc. Rebbi Joḥanan said, this is Rebbi Meïr’s, as we have stated: “What is qualified dough? Anyone about whom there is [no suspicion of descent from] a desecrated one, a bastard, or a Gibeonite. Rebbi Meïr says, the daughter of any woman not tainted with any of these is qualified for the priesthood. But about a family in which a disability had disappeared, Rebbi Meïr says he checks up to four mothers and marries, but the Sages say, he checks forever.” Rav said, these are the words of Rebbi Meïr, but the Sages say, he checks from which family one marries into the priesthood and marries. Through whom does he check? Rebbi Ḥaggai in the name of Rebbi Josia: He checks through his female relatives. To Rebbi Ḥama came an old man; he asked him: Does one marry into the priesthood from this family? He answered: yes, and he was making a match based on this information. Rav said to his son Ḥiyya: Descend a degree to marry a wife. Rebbi Idi said, the following is a frequent saying of the rabbis: “If the woman was not impure but she is pure.” If she was not impure, she is pure. Not like Pappos ben Jehudah who locks the door before his wife. One said to him, did your forefathers act like this? A Cohen came to Rebbi Joḥanan and said to him: I acted on the Mishnah when I married a woman from a priestly family and checked after her four mothers which are eight. He said to him, if the origin was defective, who would inform you?

HALAKHAH: “The daughter of a desecrated priest,” etc. Rav Hamnuna in the name of Rav: Daughter, daughter’s daughter, forever. Rebbi Joḥanan in the name of Rebbi Ismael: “In his clans.” Since by “in his clans” said there males are forbidden and females permitted, so by “in his clans” said here males are forbidden and females permitted. What is the difference between them? A Cohen who came to a divorcee and fathered a son; the son went and fathered a son and a daughter. In the opinion of Rav the son, the son’s daughter, the daughter’s son, and the daughter are forbidden. In the opinion of Rebbi Joḥanan the son’s daughter is forbidden, the daughter’s son is permitted. The Mishnah disagrees with Rav: “The daughter of an Israel who married a desecrated woman is qualified for the priesthood.” He explains it, a broomstick desecrated one. The Mishnah disagrees with Rebbi Joḥanan: “Rebbi Jehudah says, the daughter of a male proselyte is like the daughter of a desecrated priest.” He explains that Rebbi Jehudah only comes to add. If he had said that the daughter of a desecrated priest is like the daughter of a male proselyte, you would have had a point.

HALAKHAH: “The daughter of a desecrated priest,” etc. Rav Hamnuna in the name of Rav: Daughter, daughter’s daughter, forever. Rebbi Joḥanan in the name of Rebbi Ismael: “In his clans.” Since by “in his clans” said there males are forbidden and females permitted, so by “in his clans” said here males are forbidden and females permitted. What is the difference between them? A Cohen who came to a divorcee and fathered a son; the son went and fathered a son and a daughter. In the opinion of Rav the son, the son’s daughter, the daughter’s son, and the daughter are forbidden. In the opinion of Rebbi Joḥanan the son’s daughter is forbidden, the daughter’s son is permitted. The Mishnah disagrees with Rav: “The daughter of an Israel who married a desecrated woman is qualified for the priesthood.” He explains it, a broomstick desecrated one. The Mishnah disagrees with Rebbi Joḥanan: “Rebbi Jehudah says, the daughter of a male proselyte is like the daughter of a desecrated priest.” He explains that Rebbi Jehudah only comes to add. If he had said that the daughter of a desecrated priest is like the daughter of a male proselyte, you would have had a point.