anan

Rebbi Joḥanan followed Rebbi Jehudah. Rebbi Joḥanan was climbing from Tiberias to Sepphoris when he saw a man descending from there. He asked him, what is new in the big city? He told him, one of the great rabbis died and everbody was running to occupy themselves with him. Rebbi Joḥanan understood that it was Rebbi Ḥanina. He sent and brought his good Sabbath clothes and tore them. But did we not state: Any tear which is not in panic is not a tear? Rebbi Joḥanan wanted to do more and show his appreciation. But we do not know whether it was because he was his teacher or because of bad news. There is the case of Rebbi Ḥiyya bar Abba in Sepphoris. He saw that everybody was running. He asked, why is everybody running? They told him, Rebbi Joḥanan is preaching in Rebbi Banaia’s study house and everybody is running to hear him. He said, praised be the Merciful Who showed me people running while I am alive. In Agadah I explained him everything except Proverbs and Ecclesiastes. This means every single student.

Rebbi Joḥanan followed Rebbi Jehudah. Rebbi Joḥanan was climbing from Tiberias to Sepphoris when he saw a man descending from there. He asked him, what is new in the big city? He told him, one of the great rabbis died and everbody was running to occupy themselves with him. Rebbi Joḥanan understood that it was Rebbi Ḥanina. He sent and brought his good Sabbath clothes and tore them. But did we not state: Any tear which is not in panic is not a tear? Rebbi Joḥanan wanted to do more and show his appreciation. But we do not know whether it was because he was his teacher or because of bad news. There is the case of Rebbi Ḥiyya bar Abba in Sepphoris. He saw that everybody was running. He asked, why is everybody running? They told him, Rebbi Joḥanan is preaching in Rebbi Banaia’s study house and everybody is running to hear him. He said, praised be the Merciful Who showed me people running while I am alive. In Agadah I explained him everything except Proverbs and Ecclesiastes. This means every single student.

HALAKHAH: “If one deposited an animal or vessels with another,” etc. From where does he bring this? “If the stolen object be found in his hand.” Do we not know that if the thief is found that he has to pay double? Why does the verse say, “double he shall pay”? If the verse is not needed for the case, use it for the following subject. Rebbi [ ] went to the “term” of Rebbi Yudan and asked this question before him. He answered, refer to what is stated afterwards: “If the other had sworn and did not pay, in case the thief was found, he pays double restitution; if he had slaughtered or sold it, he pays quadruple or quintuple restitution. To whom does he pay? To the owner of the deposit.” Should he not pay to the person with whom it was deposited? Rebbi Nasa in the name of Rebbi Jonah: “Alive, double he shall pay.” To the place where the capital goes, there the double fine goes. Rebbi Joḥanan and Rebbi Eleazar; Rebbi Nasa adds in the name of Rebbi Yose ben Ḥanina: Not only when he paid, but even when he stated his willingness to pay it is as if he had paid.

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

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

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

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

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

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

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

MISHNAH: If somebody deposits produce with another person, the latter returns it deducting losses, for wheat and rice 9/2 qab per kor, for barley and millet nine qab per kor, for spelt and linseed three se‘ah per kor; everything proportional to quantity and time elapsed. Rebbi Joḥanan ben Nuri said, do the rats care, do they not eat from much as from little? But he only deducts what corresponds to one kor. Rebbi Jehudah says, if it was a large quantity, he does not deduct because of the surplus. He deducts one sixth of wine; Rebbi Jehudah says a fifth. He deducts three log of oil per hundred, a log and a half lees, a log and a half absorption. If it was refined oil, he does not deduct lees; if the vessels were old, he does not deduct absorption. Rebbi Jehudah says, also if somebody sells refined oil during the entire year, [the buyer] accepts a log and a half lees per hundred.

HALAKHAH: “If somebody deposits produce with another person,” etc. Rebbi Immi said, they stated this at harvest time. There, they say that these evil rats, if they see plenty of produce, call their friends and eat with them; Rebbi Joḥanan said, they waste, they squander.

HALAKHAH: “Silver acquires gold,” etc. This is a summary of the matter: Anything worth less that the other acquires the other. Rebbi Ḥiyya bar Ashi said, who stated this? Rebbi Simeon ben Rebbi. His father told him, change your opinion and state the following: “Gold acquires silver.” He told him, I do not change my opinion since when your faculties were unimpaired, you instructed me to state: “Silver acquires gold.” The word of Rebbi implies that gold is like produce. The Mishnah implies that silver is like produce. [Rebbi Ḥiyya’s baraita implies that gold is like produce, but his word implies that silver is like produce, as in the following:] The elder Rebbi Ḥiyya’s daughter lent denars to Rav. She came and asked her father, who told her: Take from him good and full weight denars. Do we learn from Rebbi Ḥiyya’s daughter? Rebbi Idi said, also Abba, Samuel’s father, asked before Rebbi: May one lend denars against denars? He answered him, it is permitted. Rebbi Jacob bar Aḥa said, also Rebbi Joḥanan and Rebbi Simeon ben Laqish both instruct: It is permitted to lend denars against denars. Qerat against qerat is permitted, lekan against lekan is forbidden.

There, we have stated: If anything is given instead of money, if one entered in possession, the other is obligated for its exchange. Rebbi Joḥanan said, they stated this only about an ox for a cow, or a donkey for an ox; but heap against heap one did not acquire. Rav Jeremiah in the name of Rav: Even heaps among heaps he did acquire. Rebbi Abba bar Mina in the name of Rav: One who exchanged אברוקלון against אמברוקלון did acquire.

Rebbi Ḥanina said, practice follows Rebbi Simeon, but we do not say this in all cases. Rav Jeremiah in the name of Rav: A case came before Rebbi and he instructed following Rebbi Simeon. Rebbi Ḥiyya bar Joseph gave a denar for salt. That one reneged. He said, does he not know that already a sickle is put on the thigh of that man, “He Who exacted retribution from the people of the Flood will in the future collect from him who does not keep his word”? A person paid for raw silk. He reneged. The case came before Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan. Rebbi Ḥiyya bar Joseph said, either he delivers for the amount of the pledge or one may turn him over to “Him Who exacted retribution.”. Rebbi Joḥanan said, either he delivers the entire contract or one may turn him over to “Him Who exacted retribution.” Rebbi La said, it was a case of a pledge; Rebbi Ze‘ira said, he had given him partial payment. Rebbi Ḥiyya bar Joseph agrees with Rebbi Joḥanan in a sale which is not usually split, such as of a cow or a stole.

Rebbi Ḥanina said, practice follows Rebbi Simeon, but we do not say this in all cases. Rav Jeremiah in the name of Rav: A case came before Rebbi and he instructed following Rebbi Simeon. Rebbi Ḥiyya bar Joseph gave a denar for salt. That one reneged. He said, does he not know that already a sickle is put on the thigh of that man, “He Who exacted retribution from the people of the Flood will in the future collect from him who does not keep his word”? A person paid for raw silk. He reneged. The case came before Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan. Rebbi Ḥiyya bar Joseph said, either he delivers for the amount of the pledge or one may turn him over to “Him Who exacted retribution.”. Rebbi Joḥanan said, either he delivers the entire contract or one may turn him over to “Him Who exacted retribution.” Rebbi La said, it was a case of a pledge; Rebbi Ze‘ira said, he had given him partial payment. Rebbi Ḥiyya bar Joseph agrees with Rebbi Joḥanan in a sale which is not usually split, such as of a cow or a stole.

Rebbi Ḥanina said, practice follows Rebbi Simeon, but we do not say this in all cases. Rav Jeremiah in the name of Rav: A case came before Rebbi and he instructed following Rebbi Simeon. Rebbi Ḥiyya bar Joseph gave a denar for salt. That one reneged. He said, does he not know that already a sickle is put on the thigh of that man, “He Who exacted retribution from the people of the Flood will in the future collect from him who does not keep his word”? A person paid for raw silk. He reneged. The case came before Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan. Rebbi Ḥiyya bar Joseph said, either he delivers for the amount of the pledge or one may turn him over to “Him Who exacted retribution.”. Rebbi Joḥanan said, either he delivers the entire contract or one may turn him over to “Him Who exacted retribution.” Rebbi La said, it was a case of a pledge; Rebbi Ze‘ira said, he had given him partial payment. Rebbi Ḥiyya bar Joseph agrees with Rebbi Joḥanan in a sale which is not usually split, such as of a cow or a stole.

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

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

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

HALAKHAH: “Cheating is four obols,” etc. Rav said, this is the rate; Rebbi Joḥanan said, it is not the rate. Rav said, if somebody trades on condition that the rules of cheating not apply to him, the rules of cheating do apply to him. Rebbi Levi stated: Cheating applies to a peruṭah, cheating can be by a peruṭah. But what is the status of cheating? It was stated: The item was acquired, he returns the overcharge, the words of Rebbi Jehudah the Prince; Rebbi Joḥanan said, the sale is annulled.

HALAKHAH: “Cheating is four obols,” etc. Rav said, this is the rate; Rebbi Joḥanan said, it is not the rate. Rav said, if somebody trades on condition that the rules of cheating not apply to him, the rules of cheating do apply to him. Rebbi Levi stated: Cheating applies to a peruṭah, cheating can be by a peruṭah. But what is the status of cheating? It was stated: The item was acquired, he returns the overcharge, the words of Rebbi Jehudah the Prince; Rebbi Joḥanan said, the sale is annulled.

Cahana asked before Rav: If the seller is being cheated, he is cheated up to a fifth; if the buyer is being cheated, he is cheated up to a sixth! He answered him, it and the amount of cheating add up to a sixth. If he sold him what was worth five for six, can [the seller] not say, you were taken in for a denar, take your denar! Rebbi Ze‘ira said, the other can say to him, it is not to my honor that people say, this one was made a laughing stock. Some say, he can say to him, it is not to my honor to wear a garment of five denars. Rebbi Joḥanan, Rebbi Eleazar and Rebbi Hoshaia say, what is that Tanna’s reason? “I know that my merchandise was worth only five denars, but because he needed it, I gave it to him for six. Take yours and return mine.”

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

“He may use it for Second Tithe without hesitation since it is only miserly.” Jacob bar Zavdi, Rebbi Joḥanan in the name of Rebbi Simon: One does not add a fifth for any Second Tithe which in itself is not worth a peruṭah. Rebbi Joḥanan in the name of Rebbi Yannai: One does not add a fifth for any Second Tithe for which the fifth is not worth a peruṭah. A baraita supports the one, a baraita supports the other. As it was stated: “From its tithe,” except what is worth less than a peruṭah. This means, not unless itself is worth a peruṭah. Another Tanna states: “From its tithe, its fifths” except if it is worth less than a peruṭah. This means, not unless the fifth is worth a peruṭah. Rebbi Abin bar Mamal said, our Mishnah follows neither one since we have stated “there are five peruṭot”, but we did not state “not unless itself is worth a peruṭah”; we have stated “there are five fifths”, but we did not state “not unless the fifth is worth a peruṭah”.

“He may use it for Second Tithe without hesitation since it is only miserly.” Jacob bar Zavdi, Rebbi Joḥanan in the name of Rebbi Simon: One does not add a fifth for any Second Tithe which in itself is not worth a peruṭah. Rebbi Joḥanan in the name of Rebbi Yannai: One does not add a fifth for any Second Tithe for which the fifth is not worth a peruṭah. A baraita supports the one, a baraita supports the other. As it was stated: “From its tithe,” except what is worth less than a peruṭah. This means, not unless itself is worth a peruṭah. Another Tanna states: “From its tithe, its fifths” except if it is worth less than a peruṭah. This means, not unless the fifth is worth a peruṭah. Rebbi Abin bar Mamal said, our Mishnah follows neither one since we have stated “there are five peruṭot”, but we did not state “not unless itself is worth a peruṭah”; we have stated “there are five fifths”, but we did not state “not unless the fifth is worth a peruṭah”.

HALAKHAH: “What is biting,” etc. Rebbi Yannai said, this is interest which is taken away by the judges. They asked before Rebbi Joḥanan, can interest be taken away by the judges? He said, if it were so, nothing would be left for the great people of the Land of Israel. Rebbi Joḥanan agrees that no document obligates another. Rebbi Joḥanan agrees that if the document exists one subtracts [the interest].

HALAKHAH: “What is biting,” etc. Rebbi Yannai said, this is interest which is taken away by the judges. They asked before Rebbi Joḥanan, can interest be taken away by the judges? He said, if it were so, nothing would be left for the great people of the Land of Israel. Rebbi Joḥanan agrees that no document obligates another. Rebbi Joḥanan agrees that if the document exists one subtracts [the interest].

HALAKHAH: “What is biting,” etc. Rebbi Yannai said, this is interest which is taken away by the judges. They asked before Rebbi Joḥanan, can interest be taken away by the judges? He said, if it were so, nothing would be left for the great people of the Land of Israel. Rebbi Joḥanan agrees that no document obligates another. Rebbi Joḥanan agrees that if the document exists one subtracts [the interest].

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

HALAKHAH: “One may increase rental fees,” etc. It was stated: “If somebody sells a field to another and stipulates, on condition that I shall work it as a sharecropper, on condition that I shall be part owner, on condition that the tithes shall be mine, on condition that if you sell it, you will sell it only to me, that anytime I want I may pay you back and take it; this is permitted.” “If he owed him money and wrote his field over to him as a sale, any time the seller eats the yield it is permitted; any time the buyer eats the yield, it is forbidden. Rebbi Jehudah says, in any case it is permitted. Rebbi Jehudah said, that is what Boethos ben Zenon did following the Sages. They said to him, is that a proof? The seller was eating the yield.” Rebbi Joḥanan, Rebbi Eleazar, and Rebbi Hoshaia said, Rebbi Jehudah learned from the houses of walled cities. As it was stated: The year mentioned in the Torah regarding walled cities is like interest but it is not interest. Another Tanna stated: This is interest but the Torah permitted it. He who said, it is like interest but it is not interest, Rebbi Meïr. He who said, this is interest but the Torah permitted it, Rebbi Jehudah. Rebbi Idi said, when I came from the Diaspora, I found that a case was before Rebbi Immi of “it is like interest but it is not interest.” Rebbi Ḥizqiah said, they only said that “this is interest but the Torah permitted it.” There, the Torah permitted it, therefore not in any other case. Nevertheless, Rebbi Immi did not consider it, for he said: a house dwells with its inhabitants.

It was stated: “Rabban Simeon ben Gamliel said, one invests in improving a field and does not worry about interest. How is this? One leased a field for ten kor of wheat and said to him, give me a tetradrachma and I shall give you twelve kor at threshing time, it is permitted.” Rebbi Joḥanan said, because the field may bring an extraordinary yield. Rebbi Simeon ben Laqish said, it is as if he increased the rent for the field. What is the difference between them? A store or a ship. According to him who said, because the field may bring an extraordinary yield, one invests in a store or a ship. According to him who said, it is as if he increased the rent for the field, one may not invest in a store or a ship. Rebbi Jacob bar Aḥa said, they disagree explicitly: Rebbi Joḥanan said, one invests in a store or a ship. Rebbi Simeon ben Laqish said, one may not invest in a store or a ship, nor in anything which is not invested in the object itself.

It was stated: “Rabban Simeon ben Gamliel said, one invests in improving a field and does not worry about interest. How is this? One leased a field for ten kor of wheat and said to him, give me a tetradrachma and I shall give you twelve kor at threshing time, it is permitted.” Rebbi Joḥanan said, because the field may bring an extraordinary yield. Rebbi Simeon ben Laqish said, it is as if he increased the rent for the field. What is the difference between them? A store or a ship. According to him who said, because the field may bring an extraordinary yield, one invests in a store or a ship. According to him who said, it is as if he increased the rent for the field, one may not invest in a store or a ship. Rebbi Jacob bar Aḥa said, they disagree explicitly: Rebbi Joḥanan said, one invests in a store or a ship. Rebbi Simeon ben Laqish said, one may not invest in a store or a ship, nor in anything which is not invested in the object itself.

HALAKHAH: “One does not contract for produce,” etc. May one contract based on Saracens’ rates? Rebbi Joḥanan says, one may contract; Rebbi Simeon ben Laqish said, one may not contract. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: Would it not be reasonable that Rebbi Simeon ben Laqish agree with Rebbi Joḥanan about rates of Saracens of Sepphoris, since that is uninterrupted? Rebbi Abun bar Cahana said, I am wondering about what the rabbis disagree? Whether contracting for produce, or contracting for money, or a loan on produce? Rebbi Jeremiah said, they disagree about a loan, but about (a hostelry) [a contract] everybody agrees that it is forbidden. Rebbi Yose said, they disagree about a contract, but about a loan everybody agrees that it is permitted. In the House of Rebbi Yannai they said, one contracts for cattle feed. Rebbi Yose ben Ḥanina said, also on honeycombs. Rebbi Joḥanan said, in all villages near Tiberias one contracts once the rate was established at Tiberias.

HALAKHAH: “One does not contract for produce,” etc. May one contract based on Saracens’ rates? Rebbi Joḥanan says, one may contract; Rebbi Simeon ben Laqish said, one may not contract. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: Would it not be reasonable that Rebbi Simeon ben Laqish agree with Rebbi Joḥanan about rates of Saracens of Sepphoris, since that is uninterrupted? Rebbi Abun bar Cahana said, I am wondering about what the rabbis disagree? Whether contracting for produce, or contracting for money, or a loan on produce? Rebbi Jeremiah said, they disagree about a loan, but about (a hostelry) [a contract] everybody agrees that it is forbidden. Rebbi Yose said, they disagree about a contract, but about a loan everybody agrees that it is permitted. In the House of Rebbi Yannai they said, one contracts for cattle feed. Rebbi Yose ben Ḥanina said, also on honeycombs. Rebbi Joḥanan said, in all villages near Tiberias one contracts once the rate was established at Tiberias.

HALAKHAH: “One does not contract for produce,” etc. May one contract based on Saracens’ rates? Rebbi Joḥanan says, one may contract; Rebbi Simeon ben Laqish said, one may not contract. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: Would it not be reasonable that Rebbi Simeon ben Laqish agree with Rebbi Joḥanan about rates of Saracens of Sepphoris, since that is uninterrupted? Rebbi Abun bar Cahana said, I am wondering about what the rabbis disagree? Whether contracting for produce, or contracting for money, or a loan on produce? Rebbi Jeremiah said, they disagree about a loan, but about (a hostelry) [a contract] everybody agrees that it is forbidden. Rebbi Yose said, they disagree about a contract, but about a loan everybody agrees that it is permitted. In the House of Rebbi Yannai they said, one contracts for cattle feed. Rebbi Yose ben Ḥanina said, also on honeycombs. Rebbi Joḥanan said, in all villages near Tiberias one contracts once the rate was established at Tiberias.

“If he was the first to harvest, he may contract for the stack of sheaves,” etc. Rav said, if one processing stage was missing, one may contract; if several processing stages were missing, one may not contract. Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, even if several processing stages were missing, one may contract. But the Mishnah disagrees with Rav: “If he was the first to harvest,” etc.

HALAKHAH: “If somebody hired tradesmen,” etc. Rav said, “because the Children of Israel are My servants,” Jews cannot buy one another. Rebbi Joḥanan said, this was stated about a Hebrew slave. In Rav’s opinion, both a worker and an employer can back out; in Rebbi Joḥanan’s opinion the worker can back out but not the employer.

HALAKHAH: “If somebody hired tradesmen,” etc. Rav said, “because the Children of Israel are My servants,” Jews cannot buy one another. Rebbi Joḥanan said, this was stated about a Hebrew slave. In Rav’s opinion, both a worker and an employer can back out; in Rebbi Joḥanan’s opinion the worker can back out but not the employer.

HALAKHAH: “Somebody who rented a donkey,” etc. One understands on the mountain, but he led it in the valley. In the valley, but he led it on the mountain? Rebbi Simeon ben Yaqim said, if it died because of the air. Rebbi Dositheos ben Yannai said, if it was bitten by a snake. Rebbi Joḥanan said, it is Rebbi Meïr’s who said, anybody who deviates from the owner’s instructions is called a robber.

“If it died or broke a limb, he has to provide him with a donkey.” Rebbi Joḥanan said, if [the lessee] requested “a donkey” without specifications. But if he requested “this donkey”, [the lessor] may tell him, you wanted this one, bring it before us. Rav Ḥuna said, he has to deal with it on place. Rebbi Ze‘ira said, if he can get enough from his effort to lease a small donkey, he does not need to provide him with another donkey. Otherwise, he has to provide him with another donkey. Rebbi Ḥuna said, if the cadaver is worth enough to buy a small donkey, he does not need to provide him with another donkey. Otherwise, he has to provide him with another donkey.

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

MISHNAH: One who hires workers and tells them to start early and work late, at a place where it is not customary to start early or work late cannot force them to do so. At a place where it is customary to feed them, he has to feed them; to supply a snack, he has to supply it, always following local custom. It happened that Rebbi Joḥanan ben Matthew said to his son, go and hire workers for us. He awarded them food, but when he returned to his father, the latter told him, even if you serve them Solomon’s meal in his time you did not fulfill your pledge since they are descendants of Abraham, Isaac, and Jacob. But before they start work go and tell them: On condition that your only claim be for bread and legumes. Rabban Simeon ben Gamliel said, that was unnecessary; one always follows local custom.

In the opinion of Rebbi Joḥanan ben Matthew, a man who goes to another place to preliminarily marry a woman has to stipulate with her and tell her, on condition that you work so and so much and eat for such and such costs.

HALAKHAH: “A worker may eat zucchini even for a denar’s worth,” etc. Rebbi Eleazar ben Antigonos says in the name of Rebbi Eleazar ben Rebbi Yannai, this means that a worker may eat more than his [daily] wages. But some say, Rebbi Joḥanan in the name of Rebbi Yannai: This means that a worker may eat the first or the last bunch of grapes.

HALAKHAH: “If he said to him, lend me,” etc. “Somebody exchanged a cow,” etc. Rebbi Joḥanan said, this contradicts Symmachos who says that in all cases of doubt one splits evenly. Rebbi La said, explain it if both of them say, I am certain. Rebbi Yose explained, if both of them say, I am certain, that is what Rebbi Joḥanan refered to when he said, this contradicts Symmachos’s words.

HALAKHAH: “If he said to him, lend me,” etc. “Somebody exchanged a cow,” etc. Rebbi Joḥanan said, this contradicts Symmachos who says that in all cases of doubt one splits evenly. Rebbi La said, explain it if both of them say, I am certain. Rebbi Yose explained, if both of them say, I am certain, that is what Rebbi Joḥanan refered to when he said, this contradicts Symmachos’s words.

HALAKHAH: “Somebody sold his olive trees for their wood,” etc. Rebbi Joḥanan asked, what is their status if they become moist?

HALAKHAH: “He who leases a dwelling to another person,” etc. Rebbi Simeon ben Laqish said, if he puts him into it. Rebbi Joḥanan said, if he told him, a dwelling like this I shall lease to you. But if a person leasing a house wants to sell it? Rebbi Immi said, nobody thinks that this one should die of hunger. Rebbi Ze‘ira and Rebbi Hila both say, while certainly it is acquired by him, he has to tell him, let him dwell there until the time of his recall. There came a case before Rebbi Nisi and he did not accept this. Does he disagree? They said, his daughter was given as a pledge to a Roman [and he did not have the wherewhithal to redeem her and Rebbi Assi instructed to sell;] therefore he instructed following Rebbi Immi.

HALAKHAH: “One who contracts with another for a field,” etc. Rav Huna said, if the entire area in that direction was scorched. Simeon bar Abba in the name of Rebbi Joḥanan. But only if it was sown. [But if he did not sow], the other can tell him, if you had sown it would have produced a lot. Think of it, if there were other fields [which were not hit]? He may tell him, the Holy One, praise to Him, is forbearing with the evildoers. If there were other fields which were damaged? He may tell him, so far I was liable in the case; from now on I am no longer liable.

HALAKHAH: “And so an olive press,” until “if a wall or a tree,” etc. Rebbi Eleazar said: It happened that a vine was growing on another person’s peach tree, and the peach tree withered. The case came before the great Rebbi Ḥiyya who told him, go and provide him with a peach tree. Rebbi Joḥanan told him: Is this not a Mishnah? “And so an olive press built into a rock and another’s vegetable garden is on its top”? Do we not understand that one does not force? But Rebbi Ḥiyya stated that one forces! We may say that they did not disagree. He who says that one forces, if he is there. But he who says that one does not force, if he is absent.

HALAKHAH: “Two vegetable gardens,” etc. What shall one do? Ephraim in the name of Rebbi Simeon ben Laqish said, they shall split. In the House of Rebbi Yannai they say, up to ten handbreadths. Rebbi Joḥanan said in the name of Rebbi Yannai: Only he shall not force himself.

HALAKHAH: “Condominium owners who want to make a separation,” etc. As we have stated there: “One does not subdivide a courtyard unless each party has four cubits.” They said, there if the two parties do not agree. But here if both parties agree. And you may even say, here if the two parties do not agree. If this one wishes, one forces the other; if the other one wishes, one forces this one. Rebbi Joḥanan said, one forces for courtyards; one does not force for roofs. Rebbi Nasa wanted to say, in case of a courtyard which is higher than the roof. But in case of a roof which is higher than the courtyard, one forces. Rebbi Joḥanan wanted to say, in case of a courtyard which is higher than the roof one forces. But in case of a roof which is higher than the courtyard, one does not force.

HALAKHAH: “Condominium owners who want to make a separation,” etc. As we have stated there: “One does not subdivide a courtyard unless each party has four cubits.” They said, there if the two parties do not agree. But here if both parties agree. And you may even say, here if the two parties do not agree. If this one wishes, one forces the other; if the other one wishes, one forces this one. Rebbi Joḥanan said, one forces for courtyards; one does not force for roofs. Rebbi Nasa wanted to say, in case of a courtyard which is higher than the roof. But in case of a roof which is higher than the courtyard, one forces. Rebbi Joḥanan wanted to say, in case of a courtyard which is higher than the roof one forces. But in case of a roof which is higher than the courtyard, one does not force.

HALAKHAH: “One does not divide the courtyard,” etc. Rebbi Joḥanan said, the four cubits which they mentioned are outside the four cubits of the doors. Bar Kappara stated thus: One does not subdivide a courtyard unless there be eight cubits for each party. Rebbi Joḥanan said, the four cubits which they mentioned are not acquired by him but they are for him to park his animal temporarily and unload his package. Rebbi Jonathan asked: did they only say for him to park his animal temporarily and unload his package temporarily? It was found stated: also the circular enclosure of a cistern has four cubits. They said in the House of Rebbi Yannai: the chicken coop also has four cubits.

HALAKHAH: “One does not divide the courtyard,” etc. Rebbi Joḥanan said, the four cubits which they mentioned are outside the four cubits of the doors. Bar Kappara stated thus: One does not subdivide a courtyard unless there be eight cubits for each party. Rebbi Joḥanan said, the four cubits which they mentioned are not acquired by him but they are for him to park his animal temporarily and unload his package. Rebbi Jonathan asked: did they only say for him to park his animal temporarily and unload his package temporarily? It was found stated: also the circular enclosure of a cistern has four cubits. They said in the House of Rebbi Yannai: the chicken coop also has four cubits.

Rebbi Joḥanan in the name of Rebbi Banaiah. Everything the co-owners can prevent one another from doing in the courtyard except laundering because of the honor of the daughters of Israel. Rebbi Mattaniah said, this is at a place where women do the laundering, but not at a place where men do the laundering. And what was said, except laundering because of the honor of the daughters of Israel, only that in his own four cubits he may prevent it. And what was said, everything the co-owners can prevent one another from doing in the courtyard, in the entire courtyard except in the other person’s own four cubits where he cannot prevent him. But if the place was at an incline, even in the other person’s own four cubits he can prevent him, since he may tell him: you are pouring out in your domain but it flows down into mine.

Rebbi Joḥanan in the name of Rebbi Eleazar ben Rebbi Simeon. If anybody does not want to participate in an ‘eruv one enters his house and makes the ‘eruv against his will. But was it not stated: if he does not want to make an ‘eruv, if he does not refuse one enters his house and makes the ‘eruv against his will? Because he does not refuse. But not if he does refuse. But was it not stated: “The dwellers at a dead end alley may force one another to make a lath or a beam for the dead end alley.” Rebbi Yose ben Rebbi Abun said, not that he refused but out of ill-will he does not want to participate in an ‘eruv.

It was stated: “If it was solid rock, it is permitted.” As we say, Rebbi Joḥanan left the synagogue and let water behind the door. But we do not know whether it was because it was solid rock or because he suffered pain and could no bear it.

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

HALAKHAH: “One distances a tree,” etc. Halakhah 12: “A person should not plant,” etc. Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: The rabbis’ reason is that civilization is based on cisterns. Simeon bar Abba in the name of Rebbi Joḥanan: Rebbi Joshua answers the rabbis thus: just as you hold that civilization is based on cisterns, so I am holding that civilization is based on trees.

[Rebbi Yasa said in the name of Rebbi Joḥanan: Roots are irrelevant for First Fruits.] Rebbi Yose said, he said it correctly. For if he did say that roots are important, nobody could ever bring First Fruits since the roots of one enter the other’s ground and vice-versa. Therefore, Rebbi Yasa said in the name of Rebbi Joḥanan: Roots are irrelevant for First Fruits.

[Rebbi Yasa said in the name of Rebbi Joḥanan: Roots are irrelevant for First Fruits.] Rebbi Yose said, he said it correctly. For if he did say that roots are important, nobody could ever bring First Fruits since the roots of one enter the other’s ground and vice-versa. Therefore, Rebbi Yasa said in the name of Rebbi Joḥanan: Roots are irrelevant for First Fruits.

Rebbi Yasa in the name of Rebbi Joḥanan: Practice follows Rebbi Simeon. Rebbi Ḥiyya in the name of Rebbi Joḥanan: Everybody agrees that practice follows Rebbi Simeon.

Rebbi Yasa in the name of Rebbi Joḥanan: Practice follows Rebbi Simeon. Rebbi Ḥiyya in the name of Rebbi Joḥanan: Everybody agrees that practice follows Rebbi Simeon.

HALAKHAH: “The claim of undisturbed possession of houses, cisterns, ditches, and caverns,” etc. From where confirmation of claims of undisturbed possession? Rebbi Joḥanan said, we heard from those who went to Usha that they learned it from the notorious bull. Rebbi Yose said, who holds that a bull becomes notorious after three days? Not Rebbi Jehudah? As we stated there: “Rebbi Jehudah said, they said three years only for the case that if he is in Spain, he should be in possession for one year; they went and told him during one year, and he returns within one year.”

Simeon bar Abba in the name of Rebbi Joḥanan: If someboldy is selling a house to another, when he delivered the key [the buyer] took possession. Rebbi Immi in the name of Rebbi Joḥanan: If somebody is selling a house to another, when [the buyer] stored produce there, he took possession. Rebbi Samuel bar Rav Isaac said, only produce usually stored. Rebbi Joḥanan in the name of Rebbi Yannai: If somebody is selling a cistern to another, when he handed over its pails [the buyer] took possession. Rebbi Joshua ben Levi in the name of Rebbi Simeon ben Laqish: If somebody sold a flock to another person, when [the seller] delivered the maškokît, [the buyer] took possession. What is maškokît? Some say, the shepherd’s staff. But some say, a pandura. And some say, the bell-wether. Rebbi Simeon ben Laqish in the name of Bar Qappara: If somebody is selling a burial chamber to another, when that one buried there one dead it is confirmation of claim for the entire chamber. When he buried three dead in three chambers, it is confirmation of claim for the entire burial cavern.

Simeon bar Abba in the name of Rebbi Joḥanan: If someboldy is selling a house to another, when he delivered the key [the buyer] took possession. Rebbi Immi in the name of Rebbi Joḥanan: If somebody is selling a house to another, when [the buyer] stored produce there, he took possession. Rebbi Samuel bar Rav Isaac said, only produce usually stored. Rebbi Joḥanan in the name of Rebbi Yannai: If somebody is selling a cistern to another, when he handed over its pails [the buyer] took possession. Rebbi Joshua ben Levi in the name of Rebbi Simeon ben Laqish: If somebody sold a flock to another person, when [the seller] delivered the maškokît, [the buyer] took possession. What is maškokît? Some say, the shepherd’s staff. But some say, a pandura. And some say, the bell-wether. Rebbi Simeon ben Laqish in the name of Bar Qappara: If somebody is selling a burial chamber to another, when that one buried there one dead it is confirmation of claim for the entire chamber. When he buried three dead in three chambers, it is confirmation of claim for the entire burial cavern.

Simeon bar Abba in the name of Rebbi Joḥanan: If someboldy is selling a house to another, when he delivered the key [the buyer] took possession. Rebbi Immi in the name of Rebbi Joḥanan: If somebody is selling a house to another, when [the buyer] stored produce there, he took possession. Rebbi Samuel bar Rav Isaac said, only produce usually stored. Rebbi Joḥanan in the name of Rebbi Yannai: If somebody is selling a cistern to another, when he handed over its pails [the buyer] took possession. Rebbi Joshua ben Levi in the name of Rebbi Simeon ben Laqish: If somebody sold a flock to another person, when [the seller] delivered the maškokît, [the buyer] took possession. What is maškokît? Some say, the shepherd’s staff. But some say, a pandura. And some say, the bell-wether. Rebbi Simeon ben Laqish in the name of Bar Qappara: If somebody is selling a burial chamber to another, when that one buried there one dead it is confirmation of claim for the entire chamber. When he buried three dead in three chambers, it is confirmation of claim for the entire burial cavern.

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

Rebbi Yasa in the name of Rebbi Joḥanan: If two fields of a proselyte were involved, with a boundary strip in between. If he cut off from one of them with the intent of taking possession also of the other but not the boundary strip in between, the one was acquired by him but not the other. 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 by cutting off with the intent of also acquiring the one to the South, but did not have the intent of acquiring the strip in the middle, he acquired the one to the North but not the one to the South. There, we have stated: “If it was connected to the ground and he cut off anything, he acquired.” Samuel said, he acquired only what he cut off. Rebbi Eudaimon the Emigrant said, this was said concerning the property of a proselyte. Rav Ḥisda said, Rebbi Isaac: It was reported that this was said concerning the property of a proselyte, so it should present no difficulty for Samuel.

Rebbi Yose ben Ḥanina asked Rebbi Joḥanan: Must a protest be filed before a court? Rebbi Yose in the name of Rebbi Joḥanan: a protest does not have to be filed before a court. But some say, Rebbi Yose ben Ḥanina asked Rebbi Joḥanan’s student: Must a protest be filed before a court? Rebbi Ḥiyya in the name of Rebbi Joḥanan: a protest must be filed before a court. Samuel said, even if he protested against him in front of workers, it is a protest, but he has to protest in each one of the three years. Giddul ben Minyamin had a case; his judges were Ḥilqiah bar Tobi, Rav Huna, and Ḥiyya bar Rav. Ḥiyya bar Rav told them, so said my father: Once he protested the first three years, he is not required to protest further. It was stated thus: “If he ate it as his own for six years, he protested against him the first three years; then he said, you sold it to me, you gave it to me as a gift, there is no claim of undisturbed possession. Because of an initial claim it would have been a claim of undisturbed possession since any claim of undisturbed possession not accompanied by a claim of legal ownership is not a claim of undisturbed possession.” Samuel said, if it is so, nothing would be left for the great people of the Land of Israel.

Rebbi Yose ben Ḥanina asked Rebbi Joḥanan: Must a protest be filed before a court? Rebbi Yose in the name of Rebbi Joḥanan: a protest does not have to be filed before a court. But some say, Rebbi Yose ben Ḥanina asked Rebbi Joḥanan’s student: Must a protest be filed before a court? Rebbi Ḥiyya in the name of Rebbi Joḥanan: a protest must be filed before a court. Samuel said, even if he protested against him in front of workers, it is a protest, but he has to protest in each one of the three years. Giddul ben Minyamin had a case; his judges were Ḥilqiah bar Tobi, Rav Huna, and Ḥiyya bar Rav. Ḥiyya bar Rav told them, so said my father: Once he protested the first three years, he is not required to protest further. It was stated thus: “If he ate it as his own for six years, he protested against him the first three years; then he said, you sold it to me, you gave it to me as a gift, there is no claim of undisturbed possession. Because of an initial claim it would have been a claim of undisturbed possession since any claim of undisturbed possession not accompanied by a claim of legal ownership is not a claim of undisturbed possession.” Samuel said, if it is so, nothing would be left for the great people of the Land of Israel.

Rebbi Yose ben Ḥanina asked Rebbi Joḥanan: Must a protest be filed before a court? Rebbi Yose in the name of Rebbi Joḥanan: a protest does not have to be filed before a court. But some say, Rebbi Yose ben Ḥanina asked Rebbi Joḥanan’s student: Must a protest be filed before a court? Rebbi Ḥiyya in the name of Rebbi Joḥanan: a protest must be filed before a court. Samuel said, even if he protested against him in front of workers, it is a protest, but he has to protest in each one of the three years. Giddul ben Minyamin had a case; his judges were Ḥilqiah bar Tobi, Rav Huna, and Ḥiyya bar Rav. Ḥiyya bar Rav told them, so said my father: Once he protested the first three years, he is not required to protest further. It was stated thus: “If he ate it as his own for six years, he protested against him the first three years; then he said, you sold it to me, you gave it to me as a gift, there is no claim of undisturbed possession. Because of an initial claim it would have been a claim of undisturbed possession since any claim of undisturbed possession not accompanied by a claim of legal ownership is not a claim of undisturbed possession.” Samuel said, if it is so, nothing would be left for the great people of the Land of Israel.

Rebbi Yose ben Ḥanina asked Rebbi Joḥanan: Must a protest be filed before a court? Rebbi Yose in the name of Rebbi Joḥanan: a protest does not have to be filed before a court. But some say, Rebbi Yose ben Ḥanina asked Rebbi Joḥanan’s student: Must a protest be filed before a court? Rebbi Ḥiyya in the name of Rebbi Joḥanan: a protest must be filed before a court. Samuel said, even if he protested against him in front of workers, it is a protest, but he has to protest in each one of the three years. Giddul ben Minyamin had a case; his judges were Ḥilqiah bar Tobi, Rav Huna, and Ḥiyya bar Rav. Ḥiyya bar Rav told them, so said my father: Once he protested the first three years, he is not required to protest further. It was stated thus: “If he ate it as his own for six years, he protested against him the first three years; then he said, you sold it to me, you gave it to me as a gift, there is no claim of undisturbed possession. Because of an initial claim it would have been a claim of undisturbed possession since any claim of undisturbed possession not accompanied by a claim of legal ownership is not a claim of undisturbed possession.” Samuel said, if it is so, nothing would be left for the great people of the Land of Israel.

“Sharecroppers.” Rav Huna said, a permanent sharecropper, but a temporary sharecropper has a claim of undisturbed possession. Rebbi Joḥanan and Rebbi Simeon ben Laqish both teach that even a temporary sharecropper has no claim of undisturbed possession, for we may say that he is satisfied with him and let him have it. There, they say that a sharecropper has no claim of undisturbed possession but a sharecropper’s son has a claim of undisturbed possession; Rebbi Joḥanan and Rebbi Simeon ben Laqish say, neither a sharecropper nor a sharecropper’s son have a claim of undisturbed possession, for we may say that he was satisfied with his father and let the son have it. As Rebbi Joḥanan said, a sharecropper who engaged another sharecropper has no claim of undisturbed possession since it is common for sharecroppers to engage sub-sharecroppers.

“Sharecroppers.” Rav Huna said, a permanent sharecropper, but a temporary sharecropper has a claim of undisturbed possession. Rebbi Joḥanan and Rebbi Simeon ben Laqish both teach that even a temporary sharecropper has no claim of undisturbed possession, for we may say that he is satisfied with him and let him have it. There, they say that a sharecropper has no claim of undisturbed possession but a sharecropper’s son has a claim of undisturbed possession; Rebbi Joḥanan and Rebbi Simeon ben Laqish say, neither a sharecropper nor a sharecropper’s son have a claim of undisturbed possession, for we may say that he was satisfied with his father and let the son have it. As Rebbi Joḥanan said, a sharecropper who engaged another sharecropper has no claim of undisturbed possession since it is common for sharecroppers to engage sub-sharecroppers.

“Sharecroppers.” Rav Huna said, a permanent sharecropper, but a temporary sharecropper has a claim of undisturbed possession. Rebbi Joḥanan and Rebbi Simeon ben Laqish both teach that even a temporary sharecropper has no claim of undisturbed possession, for we may say that he is satisfied with him and let him have it. There, they say that a sharecropper has no claim of undisturbed possession but a sharecropper’s son has a claim of undisturbed possession; Rebbi Joḥanan and Rebbi Simeon ben Laqish say, neither a sharecropper nor a sharecropper’s son have a claim of undisturbed possession, for we may say that he was satisfied with his father and let the son have it. As Rebbi Joḥanan said, a sharecropper who engaged another sharecropper has no claim of undisturbed possession since it is common for sharecroppers to engage sub-sharecroppers.

HALAKHAH: “The drain pipe does not represent a right of possession.” Rebbi Simeon ben Laqish said, to lengthen and to widen it. Rebbi Joḥanan said, in all of that direction, as we have stated: the leader has a domain of four cubits. You have to say, in all this direction. Similarly, the drain tube does not represent a right of possession in all of this direction. It was stated thus: “The location of the drain tube does represent a right of possession, the location of its spout does not represent a right of possession.”

HALAKHAH: “A person may not open windows,” etc. Here you say, a door opposite a door is permitted, and there you say, a door opposite a door is forbidden. Where you say it is permitted, in an alley. And where you say it is forbidden, in a condominium courtyard. But did we not state: “Just as the inhabitants of a courtyard may object to one another, so the inhabitants of an alley may object to one another”? Rebbi La said, here when permission was given, there when permission was not given. Rebbi Joḥanan said, there is a difference because gardens are usually dug into. Rebbi Nasa said, are ruins not to be rebuilt?

HALAKHAH: “One makes no hollow,” etc. If they collapsed and he wants to rebuild. Rebbi Joḥanan said, he gave up his rights. Rebbi Simeon ben Laqish said, he did not give up his rights. A Mishnah supports one, a baraita supports the other. A Mishnah supports Rebbi Joḥanan: “If a public road went through somebody’s field and he took it and gave them on the side. What he gave, he gave, but his own did not come to him.” A baraita supports Rebbi Simeon ben Laqish: “If somebody bought a courtyard and there are protrusions and balconies, if they collapsed he rebuilds them based on his right of possession.”

HALAKHAH: “One makes no hollow,” etc. If they collapsed and he wants to rebuild. Rebbi Joḥanan said, he gave up his rights. Rebbi Simeon ben Laqish said, he did not give up his rights. A Mishnah supports one, a baraita supports the other. A Mishnah supports Rebbi Joḥanan: “If a public road went through somebody’s field and he took it and gave them on the side. What he gave, he gave, but his own did not come to him.” A baraita supports Rebbi Simeon ben Laqish: “If somebody bought a courtyard and there are protrusions and balconies, if they collapsed he rebuilds them based on his right of possession.”

HALAKHAH: “He who sells a courtyard,” etc. Rebbi Isaac asked: According to the rabbis, he who sells a courtyard without specifications sold houses, cisterns, ditches, and caves but nothing movable. Or maybe he also sold movables? Rebbi Isaac asked: According to Rebbi Eliezer, he who sells a courtyard without specifications only sold the airspace. But if he said, “it and all it contains,” he sold houses, cisterns, ditches, and caves but nothing movable. Or maybe he also sold movables? Rebbi Joḥanan said, the following I brought from the House of Levi: “If there were (courtyards) [stores] open to the inside, they are sold; to the outside, they are not sold; to the inside and the outside, they are all sold.”

Rebbi Ḥiyya in the name of Rebbi Joḥanan: A vegetable bed which is six by six [handbreadths] and has its own name is not sold. Rebbi Joḥanan said: There is disagreement between Rebbi Ismael ben Rebbi Yose and the rabbis about one who bought an anvil sycamore on another’s property. Rebbi Ismael ben Rebbi Yose says, he acquired the land. The rabbis say, he did not acquire. Rebbi Ḥiyya bar Abba asked: If somebody sold all trees but reserved for himself an anvil sycamore. In the opinion of Rebbi Ismael ben Rebbi Yose, he acquired the land. In the opinion of the rabbis, he did not acquire the land. Rebbi Isaac bar Tebelai asked: If somebody sold all trees and an olive tree at place X, are all olive trees at that place sold? Rebbi Yudan ben Rebbi Ismael asked: If somebody bought three groups of reeds, did he buy the greatest cedar in the Land of Israel?

Rebbi Ḥiyya in the name of Rebbi Joḥanan: A vegetable bed which is six by six [handbreadths] and has its own name is not sold. Rebbi Joḥanan said: There is disagreement between Rebbi Ismael ben Rebbi Yose and the rabbis about one who bought an anvil sycamore on another’s property. Rebbi Ismael ben Rebbi Yose says, he acquired the land. The rabbis say, he did not acquire. Rebbi Ḥiyya bar Abba asked: If somebody sold all trees but reserved for himself an anvil sycamore. In the opinion of Rebbi Ismael ben Rebbi Yose, he acquired the land. In the opinion of the rabbis, he did not acquire the land. Rebbi Isaac bar Tebelai asked: If somebody sold all trees and an olive tree at place X, are all olive trees at that place sold? Rebbi Yudan ben Rebbi Ismael asked: If somebody bought three groups of reeds, did he buy the greatest cedar in the Land of Israel?

“When has this been said? For the seller. But one who gives a gift gives everything.” What is the difference between a seller and the giver of a gift? Rebbi Abba bar Ṭebelai in the name of Rav: Because the giver of a gift usually is magnanimous. Rebbi Samuel ben Rav Naḥman in the name of Rebbi Joḥanan: Because buyers care about minutiae. What is the difference between these opinions? A dedication to the Temple. He who says, because the giver of a gift usually is magnanimous, also the person vowing to the Temple usually is magnanimous. But he who says, because buyers care about minutiae, what does he say about a dedication to the Temple? Let us hear from the following: “Brothers who divided [an inheritance], if one acquired a field he acquired everything. Somebody taking possession of the property of a convert aquired it; if he took possession of a field, he took possession of everything. If somebody dedicated a field to the Temple, he dedicated everything. Rebbi Simeon says that he who dedicated a field to the Temple, only dedicated a grafted carob tree and an old sycamore tree.” Because they nurse from Temple property. Because he reserved access to himself? If he had not reserved access for himself, would they not feed from Temple property?

HALAKHAH: “He who buys two trees on another’s property,” etc. (The words) [In the House of] Rebbi Yannai they said, what sees the shadow is root, what sees the sun is stem. Rebbi Ḥama bar Uqba in the name of Rebbi Yose: What grows from its roots and its stem is root, from its stem but not its roots is tree. Rebbi Joḥanan said, he who buys three trees buys the land in between them, under them, and outside of them the width of the harvester and his bag. Rebbi Eleazar said, while he has no access, he has the width of the harvester and his bag outside of them.

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

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

HALAKHAH: “If a public way was passing through somebody’s,” etc., to the end of the Mishnah. Rebbi Ḥiyya bar Joseph said, he makes them like keyholes. Rebbi Joḥanan told him, but dogs are not buried in that way! What does he do? He builds inside as if outside. Do the crossings not interfere with one another? They do not cross; he builds one higher and one lower.

HALAKHAH: “If somebody says to another: I am selling you a bet kor of dust,” etc. Rebbi Yasa said in the name of Rebbi Joḥanan: Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it is in the middle, it is measured, at the side it is not measured. What is a side and what is in the middle? In the House of Rebbi Yannai they said, any place surrounded by a ploughed area is in the middle; any place not surrounded by a ploughed area is to the side. Rebbi Yose came in the name of Rebbi Joḥanan: If it was a majority on one side, but if you spread it, it becomes a smaller part, and it is measured with it. How wide? Rebbi Ḥaggai said, up to four cubits. Rebbi Yose ben Rebbi Abun said, up to ten handbreadths. If there was a depression ten handbreadths deep but less than four wide, what is the rule? Let us hear from the following, what Rebbi Yasa said in the name of Rebbi Joḥanan: “Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it was split, it is measured with it.” This means that if the greater part of it was on one side, but if you spread it, it becomes the smaller part and is not measured with it. If there was a long depression which added up to a bet rova‘? Rebbi Ḥiyya bar Abba asked: If it was shaped like sticks, is it measured with it or not? Rebbi Yudan bar Ismael asked: If it was like marble plates, is it measured with it or not? Rebbi Isaac bar Tebelai asked: If it was formed like chairs, does he measure from the place of its wall or does he measure from its declivity? Rav Huna in the name of Rav, [Rebbi] Ḥiyya in the name of Rebbi Joḥanan: Only if the total agricultural area was four bet kor.

HALAKHAH: “If somebody says to another: I am selling you a bet kor of dust,” etc. Rebbi Yasa said in the name of Rebbi Joḥanan: Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it is in the middle, it is measured, at the side it is not measured. What is a side and what is in the middle? In the House of Rebbi Yannai they said, any place surrounded by a ploughed area is in the middle; any place not surrounded by a ploughed area is to the side. Rebbi Yose came in the name of Rebbi Joḥanan: If it was a majority on one side, but if you spread it, it becomes a smaller part, and it is measured with it. How wide? Rebbi Ḥaggai said, up to four cubits. Rebbi Yose ben Rebbi Abun said, up to ten handbreadths. If there was a depression ten handbreadths deep but less than four wide, what is the rule? Let us hear from the following, what Rebbi Yasa said in the name of Rebbi Joḥanan: “Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it was split, it is measured with it.” This means that if the greater part of it was on one side, but if you spread it, it becomes the smaller part and is not measured with it. If there was a long depression which added up to a bet rova‘? Rebbi Ḥiyya bar Abba asked: If it was shaped like sticks, is it measured with it or not? Rebbi Yudan bar Ismael asked: If it was like marble plates, is it measured with it or not? Rebbi Isaac bar Tebelai asked: If it was formed like chairs, does he measure from the place of its wall or does he measure from its declivity? Rav Huna in the name of Rav, [Rebbi] Ḥiyya in the name of Rebbi Joḥanan: Only if the total agricultural area was four bet kor.

HALAKHAH: “If somebody says to another: I am selling you a bet kor of dust,” etc. Rebbi Yasa said in the name of Rebbi Joḥanan: Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it is in the middle, it is measured, at the side it is not measured. What is a side and what is in the middle? In the House of Rebbi Yannai they said, any place surrounded by a ploughed area is in the middle; any place not surrounded by a ploughed area is to the side. Rebbi Yose came in the name of Rebbi Joḥanan: If it was a majority on one side, but if you spread it, it becomes a smaller part, and it is measured with it. How wide? Rebbi Ḥaggai said, up to four cubits. Rebbi Yose ben Rebbi Abun said, up to ten handbreadths. If there was a depression ten handbreadths deep but less than four wide, what is the rule? Let us hear from the following, what Rebbi Yasa said in the name of Rebbi Joḥanan: “Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it was split, it is measured with it.” This means that if the greater part of it was on one side, but if you spread it, it becomes the smaller part and is not measured with it. If there was a long depression which added up to a bet rova‘? Rebbi Ḥiyya bar Abba asked: If it was shaped like sticks, is it measured with it or not? Rebbi Yudan bar Ismael asked: If it was like marble plates, is it measured with it or not? Rebbi Isaac bar Tebelai asked: If it was formed like chairs, does he measure from the place of its wall or does he measure from its declivity? Rav Huna in the name of Rav, [Rebbi] Ḥiyya in the name of Rebbi Joḥanan: Only if the total agricultural area was four bet kor.

HALAKHAH: “If somebody says to another: I am selling you a bet kor of dust,” etc. Rebbi Yasa said in the name of Rebbi Joḥanan: Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it is in the middle, it is measured, at the side it is not measured. What is a side and what is in the middle? In the House of Rebbi Yannai they said, any place surrounded by a ploughed area is in the middle; any place not surrounded by a ploughed area is to the side. Rebbi Yose came in the name of Rebbi Joḥanan: If it was a majority on one side, but if you spread it, it becomes a smaller part, and it is measured with it. How wide? Rebbi Ḥaggai said, up to four cubits. Rebbi Yose ben Rebbi Abun said, up to ten handbreadths. If there was a depression ten handbreadths deep but less than four wide, what is the rule? Let us hear from the following, what Rebbi Yasa said in the name of Rebbi Joḥanan: “Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it was split, it is measured with it.” This means that if the greater part of it was on one side, but if you spread it, it becomes the smaller part and is not measured with it. If there was a long depression which added up to a bet rova‘? Rebbi Ḥiyya bar Abba asked: If it was shaped like sticks, is it measured with it or not? Rebbi Yudan bar Ismael asked: If it was like marble plates, is it measured with it or not? Rebbi Isaac bar Tebelai asked: If it was formed like chairs, does he measure from the place of its wall or does he measure from its declivity? Rav Huna in the name of Rav, [Rebbi] Ḥiyya in the name of Rebbi Joḥanan: Only if the total agricultural area was four bet kor.

So far a daughter. A son? Since the daughter, whose power is diminished regarding the father’s property, has her power increased regarding the mother’s property, should the son’s power not be increased regarding the mother’s property, since his power is increased regarding the father’s property? It turns out that for the daughter one infers from the verse and for the son from an argument de minore ad majus. Does the son precede the daughter? Rebbi Simeon ben Eleazar said in the name of Rebbi Zachariah the butcher’s son: So did Rebbi Simeon ben Jehudah say in the name of Rebbi Simeon: Both son and daughter are equal for the mother’s tribe Rebbi Mallukh in the name of Rebbi Joshua ben Levi: Practice follows Rebbi Zachariah. Rebbi Yannai the Kappadokian had a case; the judges were Rav Huna, Rebbi Jehudah ben Pazi, and Rebbi Aḥa. Rebbi Aḥa told them: Our brothers outside the Land are unqualified and err in practice; in particular they rely on Rebbi Mallukh in the name of Rebbi Joshua ben Levi, but it is not so. Rebbi Simon in the name of Rebbi Joshua ben Levi: Practice does not follow Rebbi Zachariah. Rebbi Abba the son of Rebbi Ḥiyya in the name of Rebbi Joḥanan: Practice does not follow Rebbi Zachariah. Rebbi Eleazar the father of Rebbi Isaac bar Naḥman in the name of Rebbi Hoshaiah: Practice does not follow Rebbi Zachariah. Rebbi Yannai and Rebbi Joḥanan were sitting when Rebbi Yudan the Prince came and asked concerning: “Any daughter who is an heiress of the tribes,” what is the rule? He said to him, it binds the father’s tribe together with the mother’s tribe. Since from the father’s tribe there is nothing for the daughter when there is a son, so also from the mother’s tribe there is nothing for the daughter when there is a son. Or is it the other way around? Since from the mother’s tribe there is something for the daughter when there is a son, so also from the father’s tribe is there something for the daughter when there is a son? Rebbi Joḥanan said to him, let us leave; that man does not want to listen to words of instruction.

So far a daughter. A son? Since the daughter, whose power is diminished regarding the father’s property, has her power increased regarding the mother’s property, should the son’s power not be increased regarding the mother’s property, since his power is increased regarding the father’s property? It turns out that for the daughter one infers from the verse and for the son from an argument de minore ad majus. Does the son precede the daughter? Rebbi Simeon ben Eleazar said in the name of Rebbi Zachariah the butcher’s son: So did Rebbi Simeon ben Jehudah say in the name of Rebbi Simeon: Both son and daughter are equal for the mother’s tribe Rebbi Mallukh in the name of Rebbi Joshua ben Levi: Practice follows Rebbi Zachariah. Rebbi Yannai the Kappadokian had a case; the judges were Rav Huna, Rebbi Jehudah ben Pazi, and Rebbi Aḥa. Rebbi Aḥa told them: Our brothers outside the Land are unqualified and err in practice; in particular they rely on Rebbi Mallukh in the name of Rebbi Joshua ben Levi, but it is not so. Rebbi Simon in the name of Rebbi Joshua ben Levi: Practice does not follow Rebbi Zachariah. Rebbi Abba the son of Rebbi Ḥiyya in the name of Rebbi Joḥanan: Practice does not follow Rebbi Zachariah. Rebbi Eleazar the father of Rebbi Isaac bar Naḥman in the name of Rebbi Hoshaiah: Practice does not follow Rebbi Zachariah. Rebbi Yannai and Rebbi Joḥanan were sitting when Rebbi Yudan the Prince came and asked concerning: “Any daughter who is an heiress of the tribes,” what is the rule? He said to him, it binds the father’s tribe together with the mother’s tribe. Since from the father’s tribe there is nothing for the daughter when there is a son, so also from the mother’s tribe there is nothing for the daughter when there is a son. Or is it the other way around? Since from the mother’s tribe there is something for the daughter when there is a son, so also from the father’s tribe is there something for the daughter when there is a son? Rebbi Joḥanan said to him, let us leave; that man does not want to listen to words of instruction.

So far a daughter. A son? Since the daughter, whose power is diminished regarding the father’s property, has her power increased regarding the mother’s property, should the son’s power not be increased regarding the mother’s property, since his power is increased regarding the father’s property? It turns out that for the daughter one infers from the verse and for the son from an argument de minore ad majus. Does the son precede the daughter? Rebbi Simeon ben Eleazar said in the name of Rebbi Zachariah the butcher’s son: So did Rebbi Simeon ben Jehudah say in the name of Rebbi Simeon: Both son and daughter are equal for the mother’s tribe Rebbi Mallukh in the name of Rebbi Joshua ben Levi: Practice follows Rebbi Zachariah. Rebbi Yannai the Kappadokian had a case; the judges were Rav Huna, Rebbi Jehudah ben Pazi, and Rebbi Aḥa. Rebbi Aḥa told them: Our brothers outside the Land are unqualified and err in practice; in particular they rely on Rebbi Mallukh in the name of Rebbi Joshua ben Levi, but it is not so. Rebbi Simon in the name of Rebbi Joshua ben Levi: Practice does not follow Rebbi Zachariah. Rebbi Abba the son of Rebbi Ḥiyya in the name of Rebbi Joḥanan: Practice does not follow Rebbi Zachariah. Rebbi Eleazar the father of Rebbi Isaac bar Naḥman in the name of Rebbi Hoshaiah: Practice does not follow Rebbi Zachariah. Rebbi Yannai and Rebbi Joḥanan were sitting when Rebbi Yudan the Prince came and asked concerning: “Any daughter who is an heiress of the tribes,” what is the rule? He said to him, it binds the father’s tribe together with the mother’s tribe. Since from the father’s tribe there is nothing for the daughter when there is a son, so also from the mother’s tribe there is nothing for the daughter when there is a son. Or is it the other way around? Since from the mother’s tribe there is something for the daughter when there is a son, so also from the father’s tribe is there something for the daughter when there is a son? Rebbi Joḥanan said to him, let us leave; that man does not want to listen to words of instruction.

Rebbi Joshiah said, the Land was distributed to those who left Egypt, as it is written: “By the names of the fathers’ tribes they shall inherit.” Then why does the verse say: “To those”? Only because of women and because of children. Rebbi Joḥanan said, the Land was distributed to those who entered the Land, as it was said, “to those it shall be distributed.” Then why does the verse say: “By the names of the fathers’ tribes”? This inheritance was different from all other inheritances in the world. For in all other inheritances in the world the living inherit from the dead but here the dead from the living. It was stated: Rebbi Joshua ben Qorha said, the Land was distributed to those who left Egypt and to those who stood in the plains of Moab. How is that? If one was both of those who left Egypt and those who stood in the plains of Moab, he took two parts. Of those who left Egypt but not of those who stood in the plains of Moab, or of those who stood in the plains of Moab but not of those who left Egypt, he took one part. The daughters of Zelophehad took five parts: their part with those who left Egypt and their part with those who stood in the plains of Moab. And because he was a firstborn they took two parts. And their father’s part among his brothers. Rebbi Yose said, the Mishnah says otherwise. But “giving you shall give them inheritance among their father’s brothers.” That is what is written: “Ten measures fell to Manasseh”.

Rebbi Joḥanan objected: “I shall bring you to your forefathers’ land, etc.” If it was a gift, why an inheritance? And if an inheritance, why a gift? But after he gave it to them as a gift, he turned around and gave it as inheritance. Rebbi Hoshaia said, anywhere one mentions מוֹרָשָה it means weariness. They objected, is it not written, “an inheritance (מוֹרָשָׁה) of the congregation of Jacob”? He said, there is no weariness greater than this. He who studies forgets everything.

“But if he wrote in terms of gift, whether at the start, or the middle, or the end, his words are upheld.” Rebbi Hoshaia said: “There shall be given to Mr. X the inheritance I want him to inherit.” “X should inherit the gift I want him to inherit.” “X shall inherit the inheritance which I gave to him.” “Write and give field X to person Y.” Rebbi Eleazar and Rebbi Simeon ben Yaqim brought a case before Rebbi Joḥanan He told them, if it is documentation, then write and deliver. If it is to transfer property, everybody agrees that nobody can transfer property after his death.