anina

It is written (Jer. 20:6–7): “But you, Pashḥur, and all inhabitants of your house will go into captivity. You will come to Babylon, die there, and be buried there.” Rebbi Abba [bar Zemina] said, Rebbi Ḥelbo and Rebbi Ḥama bar Ḥanina. One of them said, if somebody dies there and is buried there, he has two [detriments] in hand. If he dies there and is buried here, he has one [detriment] in hand. The other one said, burial atones for their death.

Rebbi Jonah in the name of Rebbi Ḥama bar Ḥanina: A human’s feet bring him to where he is wanted. It is written (1K. 22:20) “The Eternal said, who will seduce Ahab that he should go and fall in Ramot Gilead?” Might he not die in his house rather than there? Eliḥoref and Aḥiah were two of Solomon’s secretaries. He [Solomon] saw the Angel of Death looking at them and grinding his teeth. He said a word and put them into space. He [the Angel of Death] went and took them from there, then he came laughing before him [Solomon]. He said to him, just before you were grinding your teeth and now you are laughing at us? He said to him, the Merciful told me to take Eliḥoref and Aḥiah from space and I was wondering who would put them there where I was sent to take them; He put it into your mind to do so that I could complete my mission. I went and dealt with them there. The two sons of Rebbi Reuben ben Strobilos were students of Rebbi. He [Rebbi] saw the Angel of Death looking at them and grinding his teeth and said, let us exile them to the South, maybe the exile atones. He [the angel of death] went and took them from there.

Rebbi Simon in the name of Rebbi Joshua ben Levi: One stated this only for the ketubah of a mina or 200 [zuz]. But a ketubah of 1’000 denar she collects forever. Rebbi Abbahu quoted in the name of Rebbi Joḥanan: Even a ketubah of 1’000 denar she can collect only up to 25 years. This disagreement parallels the following disagreement, as was stated there: “Torts are estimated from choice land, creditor’s claims from average, and a woman’s ketubah from the least valuable.” Rebbi Jeremiah said to him, this was stated only for the ketubah of a mina or 200 [zuz], but a ketubah of 1’000 denar is evaluated in terms of average quality land. But Rebbi Yose said, even a ketubah of 1’000 denar she collects only from the least valuable land. It turns out that Rebbi Yose follows Rebbi Joḥanan and Rebbi Jeremiah Rebbi Joshua ben Levi. As we have stated there: “If somebody signs over his property to his sons and signs over some real estate to his wife, she lost her claim to ketubah.” Rav said, if he lets them acquire through her. Samuel says, if he distributes in her presence. Rebbi Yose ben Ḥanina said, they stated here a relaxation of the laws of ketubah. Rebbi Abba said, the reason of Rebbi Yose ben Ḥanina is that it applies not only to a ketubah of a mina or two hundred, but even regarding a ketubah of one thousand denar they proclaimed a relaxation of the laws of ketubah.

Rebbi Simon in the name of Rebbi Joshua ben Levi: One stated this only for the ketubah of a mina or 200 [zuz]. But a ketubah of 1’000 denar she collects forever. Rebbi Abbahu quoted in the name of Rebbi Joḥanan: Even a ketubah of 1’000 denar she can collect only up to 25 years. This disagreement parallels the following disagreement, as was stated there: “Torts are estimated from choice land, creditor’s claims from average, and a woman’s ketubah from the least valuable.” Rebbi Jeremiah said to him, this was stated only for the ketubah of a mina or 200 [zuz], but a ketubah of 1’000 denar is evaluated in terms of average quality land. But Rebbi Yose said, even a ketubah of 1’000 denar she collects only from the least valuable land. It turns out that Rebbi Yose follows Rebbi Joḥanan and Rebbi Jeremiah Rebbi Joshua ben Levi. As we have stated there: “If somebody signs over his property to his sons and signs over some real estate to his wife, she lost her claim to ketubah.” Rav said, if he lets them acquire through her. Samuel says, if he distributes in her presence. Rebbi Yose ben Ḥanina said, they stated here a relaxation of the laws of ketubah. Rebbi Abba said, the reason of Rebbi Yose ben Ḥanina is that it applies not only to a ketubah of a mina or two hundred, but even regarding a ketubah of one thousand denar they proclaimed a relaxation of the laws of ketubah.

When does one appraise for them? Rebbi Mana said, one appraises at the end. Rebbi Ḥanina said to him, the words of the rabbis imply that one does not listen to you, for Nathan bar Hoshaia asked before Rebbi Joḥanan, if there was sustenance for twelve months but the estate diminished in value? He answered him, since the heirs started to eat with permission, they continue to eat until the last coin is gone! Therefore, one appraises at the start. Rav Ḥisda asked: If there was sustenance for twelve months and then the property increased in value? Let us hear from the following, for Rebbi Ḥanina, Rebbi Yasa said in the name of Rebbi Joḥanan: If the heirs sold, they sold from their own property. So here, if it increased in value, their property value increased. If the estate was not sufficient for twelve months’ sustenance, may the sons say to the daughters, take what is yours and leave! Rebbi Abba said, is that a question? The Mishnah says that they cannot say so to them, as we have stated there: “If the orphans say, we accept the properties of our father for the value of an extra denar in order to take their mother’s ketubah; one does not listen to them but one appraises the properties in court.”

When does one appraise for them? Rebbi Mana said, one appraises at the end. Rebbi Ḥanina said to him, the words of the rabbis imply that one does not listen to you, for Nathan bar Hoshaia asked before Rebbi Joḥanan, if there was sustenance for twelve months but the estate diminished in value? He answered him, since the heirs started to eat with permission, they continue to eat until the last coin is gone! Therefore, one appraises at the start. Rav Ḥisda asked: If there was sustenance for twelve months and then the property increased in value? Let us hear from the following, for Rebbi Ḥanina, Rebbi Yasa said in the name of Rebbi Joḥanan: If the heirs sold, they sold from their own property. So here, if it increased in value, their property value increased. If the estate was not sufficient for twelve months’ sustenance, may the sons say to the daughters, take what is yours and leave! Rebbi Abba said, is that a question? The Mishnah says that they cannot say so to them, as we have stated there: “If the orphans say, we accept the properties of our father for the value of an extra denar in order to take their mother’s ketubah; one does not listen to them but one appraises the properties in court.”

HALAKHAH: “If somebody went overseas,” etc. Rebbi Yose ben Ḥanina said, if he sues with reasons. This means, only if four [owners] surround him. Samuel says, even if one surrounds him on all sides. Joshua’s stipulation! “If he was lost in vineyards or fields, he crosses and leaves until he reaches a road to his house, even a plot full of vineyards, for this is one of the conditions under which Joshua distributed the Land to Israel.” Joshua stated this to leave, maybe to enter? Joshua stipulated for a person, perhaps for his cow? Rebbi Yose said, his cow usually returns; since a swarm of bees does not usually return, they treated it as if it were his body.

And from where that a better neighborhood tests? Rebbi Levi in the name of Rebbi Ḥama in the name of Ḥanina: “That disaster should not cling to me and I die.” He was in the plain and was directed to the mountains, and you say so? But from here that a better neighborhood tests!

“I am vowed away from you”. Rebbi Yose ben Ḥanina said, both of them are mutually forbidden; as if [the other person] had said: and I from you. If he said, this loaf is vowed away from me and I from it, or I am vowed away from this loaf and it from me. It does not make any difference whether he said “from me” in Aramaic (מינך) or in Hebrew (מימך), or he said “I am to you [forbidden]” or “I am on you [forbidden]”, “you are to me [forbidden]” or “you are on me [forbidden].” It was stated: “I am jailed away from you, I am separated away from you”. Rebbi Jeremiah asked, why did one not state “taken away from”? Rebbi Yose said, that was stated at the end, “I am taken away from the Jews.”

HALAKHAH: “If he had his house to build, his fence to repair,” etc. May he say, he who works will not lose? Let us hear from the following. In the days of Rebbi Immi there was a fire in the village. Rebbi Immi sent a crier to the markets of the Gentiles saying: “He who works will not lose.” Rebbi Eleazar ben Rebbi Yose said, that was danger to life. But if there was danger to life, Rebbi Immi himself should have fought the fire! Did we not state, in any case of danger to life one does not say that [the necessary work] be done by Gentiles or minors, but [it should be done] even by important Jewish persons. It happened that there was a fire in the courtyard of Yose ben Simai in Šiḥin, and the garrison of the barracks of Sepphoris came to fight it but he did not let them fight it; he said, let the collector collect his due. Immediately there formed a cloud, there was rain which extinguished it. After the Sabbath he sent to each of them a tetradrachma and to their commander 50 denarii. Rebbi Ḥanina said, there was no need for him to do that A Samaritan was a neighbor of Rebbi Jonah. There was a fire in Rebbi Jonah’s neighborhood; he wanted to fight it but Rebbi Jonah did not let him. He said to him, because of my property! He said, yes. And everything was saved. Rebbi Jonah from Kefar-Immi spread his garment over the grain stack and the fire retreated from it.

“This, your house,” because of what do you catch him? Because of “your house,” “this”? If it collapsed and he himself rebuilt it, is it not “this”? Let us hear from the following: “If somebody said to his heirs, give a wedding house to my son or a widow’s house to my daughter, if it collapsed, the heirs are required to rebuild it.” There, we have stated: “If somebody says to his son, ‘a qônām that you can not enjoy anything from me,’ if he dies, [the son] inherits. ‘During my lifetime and after my death,’ if he dies, [the son] does not inherit.” [Did we not state, ‘during my lifetime’, [the son] inherits; ‘after my death’, [the son] inherits?] What is the difference between the one who says it one by one and the one who says it by twos? Rav Jeremiah and Rebbi Yose [ben Ḥanina] both say, ‘a qônām that I cannot enjoy these my properties during my lifetime and after my death,’ from the moment he said “these” he forbade to him during his lifetime and after his death. Rebbi Yose said, we have stated in Nedarim what we did not state in S̄ebuot: “A qônām that I shall not enter your house, or that I shall not buy your field, if the owner died or sold it, the other is permitted. That I shall not enter this house, or that I shall not buy this field, if the owner died or sold it, the other is forbidden.” Because he said “this”. Therefore, if he had not said “this”, he would have forbidden to him both during his lifetime and after his death.

“Not vegetables, he is permitted field vegetables because this is an accompanying name.” We have stated on that: “He who makes a vow to abstain from vegetables in the Sabbatical is also forbidden field vegetables.” Rebbi Crispus stated the reason in the name of Rebbi Ḥanina ben Gamliel: That means, as long as Rebbi did not permit to import vegetables into the Land. But since Rebbi permitted to import into the Land there is no difference between the Sabbatical and the remaining years of the Sabbatical cycle. Rebbi Yose bar Ḥanina says, endives are important enough to become impure as food in the Seventh year. That means, as long as Rebbi did not permit to import vegetables into the Land. But since Rebbi permitted to import vegetables into the Land there is no difference between the Sabbatical and the remaining years of the Sabbatical cycle.

“Not vegetables, he is permitted field vegetables because this is an accompanying name.” We have stated on that: “He who makes a vow to abstain from vegetables in the Sabbatical is also forbidden field vegetables.” Rebbi Crispus stated the reason in the name of Rebbi Ḥanina ben Gamliel: That means, as long as Rebbi did not permit to import vegetables into the Land. But since Rebbi permitted to import into the Land there is no difference between the Sabbatical and the remaining years of the Sabbatical cycle. Rebbi Yose bar Ḥanina says, endives are important enough to become impure as food in the Seventh year. That means, as long as Rebbi did not permit to import vegetables into the Land. But since Rebbi permitted to import vegetables into the Land there is no difference between the Sabbatical and the remaining years of the Sabbatical cycle.

Rebbi Aḥa, Rebbi Abbahu, in the name of Rebbi Yose ben Ḥanina: On the Sabbath, a person is forbidden to fast until the sixth hour. Rebbi Yose said, a Mishnah states this: “If they fasted when it started to rain, before noon they should not finish,” because until then it is morning; “after noon they should finish,” since most of the day already was spent in holiness.

Rebbi Simeon ben Laqish provided an opening: If you had known that one who makes a vow is as if he put a neck-iron on his neck, would you have made the vow? It is as if a gang of prisoners was passing by, he saw that there was one unused neck-iron and put his head into it! “To bind a prohibition onto himself”, as you say, “he was bound with chains.” Rebbi Jonathan provided an opening: If you had known that one who makes a vow is like one who builds an idolatrous altar and one who continues in it is like one who sacrifices there, would you have made the vow? That is difficult to understand. Idolatry is a capital crime but vows are a simple prohibition; how can you say that? You have only what Rebbi Yannai said, one who listens to his urges is as if he worshipped idols. Rebbi Isaac provided an opening: If you had known that one who makes a vow is like one who takes a sword and sticks it in his heart, would you have made the vow? “Some talk bluntly like sword piercings.” Rebbi Ḥanina from Sepphoris in the name of Rebbi Phineas: It does not say “piercing” but “sword piercings”. For example, one who made a vow not to eat a loaf. Woe if he eats, woe if he does not eat. If he eats he transgresses his vow. If he does not eat he sins against himself. What can he do? He goes to a Sage who will dissolve his vow, “but the speech of Sages is healing. Rebbi Eudaimon in the name of Rebbi Isaac: Is it not enough what the Torah forbade you that you want to forbid other things for yourself? “To forbid a prohibition”.

Rebbi Yose ben Rebbi Ḥanina said, a person gives his tithes for the benefit of goodwill. Rebbi Joḥanan said, a person may not give 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.” Rebbi Joḥanan said “it shall not be his”. May he give them to whomever he likes?

Rebbi Yose ben Rebbi Ḥanina said, a person gives his tithes for the benefit of goodwill. Rebbi Joḥanan said, a person may not give 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.” Rebbi Joḥanan said “it shall not be his”. May he give them to whomever he likes?

They asked before Rebbi Zeїra: a Cohen to an Israel, Rebbi forbids. What does Rebbi Yose say? Rebbi Ḥizqiah in the name of Rebbi Aḥa said, so he responded 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 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 are for hire].’ The Omnipresent brings over them three catastrophies; 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.’

HALAKHAH: “Earlier they said,” etc. That is, if she cannot bring proof for her assertion, it is obvious that she is permitted to her house. Rebbi Hila said, would it not be reasonable that a fellow should be apprehensive, and if he was a Cohen that she should be forbidden to eat heave? There came a case before Rebbi Ḥanina, the colleague of the rabbis, and he permitted her to eat heave. Rebbi Ḥaggai said, my father knew the first and the last case. Soldiers entered the town. A woman came and said, a soldier embraced me and ejaculated semen between my knees. He permitted her to eat heave. There came a case before Rebbi Isaac bar Tevele of a woman who said, my cowhand seduced me. He said to her, is the cowhand not forbidden? And he forbade her. Here, you say that he forbade her. There, you say that he permitted her. There, she came to forbid herself and he permitted her. But here, she came to permit herself and he forbade her.

“Or I shall be beautiful”. Where do we hold? If he said “beautiful”, is that not the previous case? When he grabs his hair, is that not what we have stated: “I shall be like this one”, following Rebbi Yose ben Ḥanina who holds that “I shall be like this one” refers to the case that he is grabbing his hair. But we must hold that he says, “there is nothing more beautiful than this”.

“I shall be like this one”; Rebbi Yose bar Ḥanina said, if he grabs [a nazir’s] hair and says, “I shall be like this one.” “I shall tend my hair, I shall groom my hair”. If he says, I shall be of those who have to tend or grow their hair. “I shall tend my hair and I shall groom my hair”, if he says I shall neither tend nor grow my hair for less than thirty [days], he means thirty. “It shall be my obligation neither to tend nor to grow my hair,” if he says, it shall be my obligation neither to tend nor to grow my hair more than thirty [days], he means thirty. “I shall be obligated to grow my hair”, means “I shall tend my hair, I shall groom my hair”. Or “It shall be my obligation neither to tend nor to groom my hair, but to let it grow wildly.”

“I did not vow as a nazir,” he is permitted. “I already had been a nazir,” he is forbidden. Rebbi Abun bar Ḥiyya in the name of Rebbi Avina, Rebbi Immi in the name of Rebbi Yose bar Ḥanina: If somebody says, I am like ‘orlah juice, he did not say anything. The colleagues say, that follows Rebbi Simeon in a disagreement. As we have stated there: “If somebody said, an oath that I shall not eat, but he ate carcass or torn meat, abominations or crawling things, he is guilty. But Rebbi Simeon declares him free from prosecution.” Rebbi Ze‘ira said, they disagree if it is an inclusive statement. But if it is a detailed statement, everybody agrees that no oath can be applied to prohibitions. And here, we consider an inclusive statement. Rebbi Yudan said, one is about vows, the other about oaths. Vows can be applied to prohibitions but no oaths can be applied to prohibitions.

HALAKHAH: “ “I am a nazir and a nazir when a son is born to me,” etc. Rebbi Yose asked: If he said, “I am a nazir for these 30 days and those 30 days.” Rebbi Ze‘ira said before Rebbi Mana: Is that not the Mishnah? “He interrupts his own, counts for his son, and then finishes for himself.” Not even if his wife is in the process of giving birth? He said to him, his nezirut is not comparable to his son’s nezirut, but to the case that he said, “I am already a nazir and a nazir after twenty days.” Rebbi Eleazar and Rebbi Yose ben Ḥanina both say: If he finished his nezirut, his son’s nezirut cannot start for him before he was shaving with a sacrifice. About a nazir who became impure, the opinions of Rebbi Yose ben Ḥanina seem contradictory. There, he says, if a person impure by the impurity of the dead made a vow of nazir, his seventh day is counted. If a nazir becomes impure, his seventh day is not counted. In our case, is he not like a person impure by the impurity of the dead, who made a vow of nazir? And is not the seventh day counted for a person impure by the impurity of the dead, who made a vow of nazir? Would this obligate him to bring a sacrifice for his impurity? But if a nazir who becomes impure, his seventh day is not counted; does it not obligate him to bring a sacrifice for his impurity? And here, because he is obligated to bring a sacrifice (of impurity), the seventh day is [not] counted for him.

HALAKHAH: “ “I am a nazir and a nazir when a son is born to me,” etc. Rebbi Yose asked: If he said, “I am a nazir for these 30 days and those 30 days.” Rebbi Ze‘ira said before Rebbi Mana: Is that not the Mishnah? “He interrupts his own, counts for his son, and then finishes for himself.” Not even if his wife is in the process of giving birth? He said to him, his nezirut is not comparable to his son’s nezirut, but to the case that he said, “I am already a nazir and a nazir after twenty days.” Rebbi Eleazar and Rebbi Yose ben Ḥanina both say: If he finished his nezirut, his son’s nezirut cannot start for him before he was shaving with a sacrifice. About a nazir who became impure, the opinions of Rebbi Yose ben Ḥanina seem contradictory. There, he says, if a person impure by the impurity of the dead made a vow of nazir, his seventh day is counted. If a nazir becomes impure, his seventh day is not counted. In our case, is he not like a person impure by the impurity of the dead, who made a vow of nazir? And is not the seventh day counted for a person impure by the impurity of the dead, who made a vow of nazir? Would this obligate him to bring a sacrifice for his impurity? But if a nazir who becomes impure, his seventh day is not counted; does it not obligate him to bring a sacrifice for his impurity? And here, because he is obligated to bring a sacrifice (of impurity), the seventh day is [not] counted for him.

Who dissolves her obligations? Rebbi Yose ben Ḥanina said, it is a decree of Scripture: “He dissolved her vow;” he dissolved her obligation. The one who dissolved her vow dissolved her obligation.

HALAKHAH: “If one of the bloods was sprinkled for her,” etc. He dissolves for her because of her hair. Rebbi Yose ben Rebbi Abun in the name of Rebbi Yose ben Ḥanina: It is a decision of Scripture: “He dissolved her vows,” he dissolves what is on her. Whenever he dissolves her vow, he dissolves what is on her. Rebbi Eleazar said, it follows Rebbi Simeon. Rebbi Joḥanan said, it is everybody’s opinion, after she was transferred from the prohibition to the positive commandment. The rabbis say, “afterwards, the nazir shall drink wine,” after all these actions. Rebbi Simeon says, even after a single action. Ḥizqiah said, the Mishnah supports Rebbi (Bevai). “When has this been said? If she shaves in purity. But if she shaves in impurity, he may dissolve since he can say, I cannot stand an unseemly wife.” Therefore, shaving in purity does not make her unseemly. Who holds that shaving does not make unseemly? Rebbi Simeon. Rebbi Yose bar Abun said, even Rebbi thinks so: “Rebbi says, he may dissolve even if she shaves [in purity], since he can say, I cannot stand a shorn wife.” Should he not say, I cannot stand an unseemly and shorn wife? Rebbi Joḥanan said, Rebbi (Jehudah) said that only for the purification sacrifice, since a purification sacrifice would be invalid if not in her name. That means, as long as it is alive it is surrendered to Heaven only by slaughter.

May his own vow of nazir and that of his father fall on him together? It happened that Rebbi Ḥanina ben Ḥanina’s father made him a nazir and Rebbi Simeon ben Gamliel checked him whether he had grown two pubic hairs. He said to him, why are you checking me? If my father’s nezirut is on me, I am a nazir; otherwise, I declare being a nazir. Rabban Gamliel stood up and kissed him on his head and said, I am sure that you will not die from old age before you taught instruction in Israel. Rebbi Eleazar bar Ṣadoq said, I saw him sitting and explaining in Jabneh.

May his own vow of nazir and that of his father fall on him together? It happened that Rebbi Ḥanina ben Ḥanina’s father made him a nazir and Rebbi Simeon ben Gamliel checked him whether he had grown two pubic hairs. He said to him, why are you checking me? If my father’s nezirut is on me, I am a nazir; otherwise, I declare being a nazir. Rabban Gamliel stood up and kissed him on his head and said, I am sure that you will not die from old age before you taught instruction in Israel. Rebbi Eleazar bar Ṣadoq said, I saw him sitting and explaining in Jabneh.

Rebbi Aḥa: Rebbi Immi said that Rebbi Yose ben Ḥanina asked: May his bird be eaten when its neck was broken? Instead of asking about a bird whose neck was broken, why do you not ask about a slaughtered bird? There is one doubt, here are two doubts. Rebbi Mani said, here also it is one doubt, as it was stated: One who perforates or tears out is not guilty because of profane slaughter in the Temple courtyard. The rabbis of Caesarea in the name of Rebbi Yose ben Ḥanina: There is not even one doubt, following him who says that slaughtering birds is not clear from the Torah: “They spread them a spread,” they spread out slaughtered [birds].

Rebbi Aḥa: Rebbi Immi said that Rebbi Yose ben Ḥanina asked: May his bird be eaten when its neck was broken? Instead of asking about a bird whose neck was broken, why do you not ask about a slaughtered bird? There is one doubt, here are two doubts. Rebbi Mani said, here also it is one doubt, as it was stated: One who perforates or tears out is not guilty because of profane slaughter in the Temple courtyard. The rabbis of Caesarea in the name of Rebbi Yose ben Ḥanina: There is not even one doubt, following him who says that slaughtering birds is not clear from the Torah: “They spread them a spread,” they spread out slaughtered [birds].

There, we have stated: “If somebody says, ‘I undertake [to bring] on a pan’ and he brought in a deep vessel, in a deep vessel and he brought on a pan.” Rebbi Yose in the name of Rebbi Simeon ben Laqish: This is the House of Shammai’s, since the House of Shammai say, “dedication in error is dedication.” Rebbi Ze‘ira asked before Rebbi Yose: Why do we not explain it according to everybody, if he said, “I said, on a pan”? But if he said, “I undertake [to bring] on a pan,” and then he changed his mind and said, “in a deep vessel”, he fulfilled his duty. Rebbi Ḥanina and Rebbi Yasa came in the name of Rebbi Joḥanan: it is everybody’s opinion. Rebbi Jeremiah asked: If he said, “I undertake [to bring] on a pan or in a deep vessel,” turned around and said, “on a pan”, and turned around and said, “in a deep vessel”? Rebbi Jehudah bar Pazi in the name of Rebbi Aḥa, Rebbi Hama in the name of Rebbi Yose: He determines even orally. They thought to say, even holidays determine, even vessels determine.

Rebbi Yose ben Rebbi Jehudah follows his father’s method: If somebody dedicated unblemished animals for the upkeep of the Temple, he violates a positive commandment. Why also a prohibition? The verse says: “The Eternal spoke to Moses לאמר”: a prohibition was pronounced, the words of Rebbi Jehudah. Rebbi was sitting and studying the rule that “a firstling cannot be substituted” when Bar Pedaiah’s father was passing by. Rebbi saw him, and said, do I know what I should say here, “the Eternal spoke to Moses לאמר,” could one explain the words of Rebbi Jehudah? Is it written thus? It follows what Rebbi Immi said in the name of Rebbi Joḥanan: For interpretation, one removes from its beginning to its end. Rebbi Ḥanina in the name of Rebbi Jeremiah: Even a middle word. “You have to pour oil on.” You have to pour oil on a flour offering, to subject all flour offerings to pouring.

A “torn” [creature] that was turned into a carcass. Rebbi Yasa, the son of Rebbi Yasa’s daughter, in the name of Rebbi Jeremiah: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan says, he is guilty twice; Rebbi Simeon ben Laqish said, he is guilty only once. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose, the following supports Rebbi Joḥanan: “ ‘Any person who would eat any carcass meat,’ why does the verse say ‘and torn’? If a ‘torn’ animal can survive, was ‘carcass meat’ mentioned before? If a ‘torn’ animal must die, is it not included in ‘carcass meat’ ”? Should he not say, it is carcass meat? Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: The reason of Rebbi Yose: “Do not defile yourself by animals and birds,” but only the Eight Reptiles impart impurity! But the measure of their impurities is the measure of their uses as food. Rebbi Eleazar objected: May not the limbs of pure animals impart impurity in the most minute amount but as food only in the volume of an olive? He accepted it. What is meant by “he accepted it”? Like a person who said, the opponent accepted it. Ḥiyya bar Abba said: “You shall not [eat] any carcass meat.” The Torah identified all eating together. Rebbi Ḥanina objected: Is not the impurity of the Eight Reptiles in the size of a lentil, but as food in the volume of an olive, whether for blood or for meat?

A “torn” [creature] that was turned into a carcass. Rebbi Yasa, the son of Rebbi Yasa’s daughter, in the name of Rebbi Jeremiah: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan says, he is guilty twice; Rebbi Simeon ben Laqish said, he is guilty only once. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose, the following supports Rebbi Joḥanan: “ ‘Any person who would eat any carcass meat,’ why does the verse say ‘and torn’? If a ‘torn’ animal can survive, was ‘carcass meat’ mentioned before? If a ‘torn’ animal must die, is it not included in ‘carcass meat’ ”? Should he not say, it is carcass meat? Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: The reason of Rebbi Yose: “Do not defile yourself by animals and birds,” but only the Eight Reptiles impart impurity! But the measure of their impurities is the measure of their uses as food. Rebbi Eleazar objected: May not the limbs of pure animals impart impurity in the most minute amount but as food only in the volume of an olive? He accepted it. What is meant by “he accepted it”? Like a person who said, the opponent accepted it. Ḥiyya bar Abba said: “You shall not [eat] any carcass meat.” The Torah identified all eating together. Rebbi Ḥanina objected: Is not the impurity of the Eight Reptiles in the size of a lentil, but as food in the volume of an olive, whether for blood or for meat?

Rebbi Samuel bar Sosarti asked: Then one who eats a limb from a kosher living animal should be guilty on two counts, because of “you shall not eat any carcass meat;” and because of “you shall not eat of life with the flesh.” Does one argue from kosher abour non-kosher animals? But did not Rebbi Eleazar argue from kosher about non-kosher animals? Then one who eats a limb from a non-kosher living animal should be guilty on three counts, because of “you shall not eat any carcass meat;” and because of “you shall not eat of life with the flesh”; and because of “you shall not eat from their flesh.” Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: If somebody ate five ants together, in one forgetting, he is guilty for each one separately because of “creature”. If he fragmented and ate them, he is guilty only once, if together they amount to the volume of an olive. If he ate of the fragments in the volume of an olive, he is guilty; if he ate of the fragments in the volume of an olive and an ant, he is guilty twice. If this is correct, then if he ate of the fragments less than the volume of an olive and an ant completed the volume of an olive, is he guilty twice? If this is correct, if the ate an ant the size of an olive, is he guilty twice? The same rule applies to combinations of a nazir. If he ate of the combinations in the volume of an olive, he is guilty. If he ate of the combinations in the volume of an olive and a grape berry, is he guilty twice? If this is correct, then if he ate a grape berry for the volume ofan olive, is he guilty twice? Rebbi Abbahu in the name of Rebbi Joḥanan: All [food] prohibitions combine together to be whipped for the volume of an olive, but for an ant one is guilty twice. Then if he ate prohibited food and an ant completed the volume of an olive, he is guilty twice. Then if he ate an ant the volume of an olive, he is guilty twice.

Rebbi Abbahu in the name of Rebbi Joḥanan: One estimates [food] prohibitions as if they concerned onions or leeks. This parallels what Rebbi Abbahu said in the name of Rebbi Yose ben Ḥanina: If carcass meat disappeared among slaughtered meat, its [impurity by] touch has disappeared by biblical law.

May a Cohen defile himself for the Patriarch? When Rebbi Judah the Prince died, Rebbi Yannai proclaimed and said: “There is no priesthood today.” When Rebbi Judah the Prince, grandson of Rebbi Judah the Prince, died, Rebbi Ḥiyya bar Abba did push Rebbi Zeïra in the Gufna synagogue of Sepphoris and defiled him. When Yehudinai, the sister of Rebbi Judah the Prince, died, Rebbi Ḥanina sent for Rebbi Mana but the latter did not come. He said to him, if one does not defile himself for them during their lifetime, so much less in their death. Rebbi Nassa said, in their death they treated them like a corpse of obligation.

Rebbi Jonah, Rebbi Yose the Galilean, in the name of Rebbi Yose ben Ḥanina: One does not ask rulings on practice before the bier of a deceased. But Rebbi Yoḥanan asked Rebbi Yannai before the bier of Rebbi Simeon ben Yoẓadaq about him who dedicated his elevation sacrifice for the upkeep of the Sanctuary, and he answered him! Let us say when they were bringing him to the study hall. But Rebbi Jeremiah asked Rebbi Zeïra before the bier of (Rebbi Simeon and) Rebbi Samuel bar Rav Isaac! Let us say that he answered him when he was far away; when he was close he did not answer him.

It was stated: Rebbi Simeon bar Ioḥai says, why did they say that a crawling animal the size of a lentil makes impure? Because the start of the creation of a crawling animal is the size of a lentil. Rebbi Yudan asked: Should not a corpse bring impurity even if it is less than the volume of an olive, for did not Rebbi Joḥanan say, “to include the stillbirth which did not reach the volume of an olive”? And a carcass the size of a pea should cause impurity, for Rebbi Ḥanina said, I saw a calf the size of a pea in a placenta! How is that? I say, [these are] sermons. Preach and receive reward.

What is decayed matter? Flesh of the corpse which was separated and fluid that coagulated. Therefore not when it is still mashed? Did not Rebbi Ḥanina say in the name of Rebbi: Fat from a corpse which was melted remains impure; if he cut it and then melted it, it is pure. Rebbi Yudan and Rebbi Yose, one says to exclude the fluid in the flesh; the other says that if it will fill the volume of an olive when congealed, it will be impure when still mashed.

HALAKHAH: “If a person said to two nezirim,” etc. Not only if he said to one of them, “I saw one of you becoming impure but I do not know which one of you it was,” but even if he said, “I saw one of you vowing to be a nazir but I do not know which one of you it was,” both of them have to follow the rules of nazir because of his testimony. If they do not contradict him. But if they contradict him, this does not apply. If both of them contradict, it parallels the following: “If one witness says, he became impure, but he says, I did not become impure, he is pure. If two witnesses say, he became impure, but he says, I did not become impure, the two are believed more than he is, the words of Rebbi Meïr. But the Sages say, everybody is believed about himself.” Rav Jehudah in the name of Rav: So is the Mishnah: Rebbi Meïr declares impure, Rebbi Jehudah and the Sages declare pure. Rebbi Joḥanan said, so is the Mishnah: Rebbi Meïr declares impure, Rebbi Jehudah declares pure. The rabbis’ words support Rebbi Joḥanan, since Rebbi Gurion said in the name of Rebbi Yose ben Ḥanina: Rebbi Jehudah said this only about an old impurity, for he can say to them, I had been impure but I purified myself, and we have stated: The same holds for eating suet; the same holds for entering the Sanctuary. Should they not accept his position for impurity? Because of the impurity of a nazir, could they not say, where is the sacrifice which you brought? Then should they not accept his position for heave? So far the questions of Rebbi Ḥanina.

HALAKHAH: “If a person said to two nezirim,” etc. Not only if he said to one of them, “I saw one of you becoming impure but I do not know which one of you it was,” but even if he said, “I saw one of you vowing to be a nazir but I do not know which one of you it was,” both of them have to follow the rules of nazir because of his testimony. If they do not contradict him. But if they contradict him, this does not apply. If both of them contradict, it parallels the following: “If one witness says, he became impure, but he says, I did not become impure, he is pure. If two witnesses say, he became impure, but he says, I did not become impure, the two are believed more than he is, the words of Rebbi Meïr. But the Sages say, everybody is believed about himself.” Rav Jehudah in the name of Rav: So is the Mishnah: Rebbi Meïr declares impure, Rebbi Jehudah and the Sages declare pure. Rebbi Joḥanan said, so is the Mishnah: Rebbi Meïr declares impure, Rebbi Jehudah declares pure. The rabbis’ words support Rebbi Joḥanan, since Rebbi Gurion said in the name of Rebbi Yose ben Ḥanina: Rebbi Jehudah said this only about an old impurity, for he can say to them, I had been impure but I purified myself, and we have stated: The same holds for eating suet; the same holds for entering the Sanctuary. Should they not accept his position for impurity? Because of the impurity of a nazir, could they not say, where is the sacrifice which you brought? Then should they not accept his position for heave? So far the questions of Rebbi Ḥanina.

Rebbi Joḥanan in the name of Rebbi Benaiah: One sprinkles on an uncircumcised Jew, for we find that our forefathers in the desert received sprinkling when uncircumcised. Rav Ḥisda said, following him who said that they circumcised on the eleventh. But for him who said that they circumcised on the tenth, they did not count sprinkling when uncircumcised. Rebbi Abin said, did they not have to count for sprinkling when uncircumcised in any case? Rebbi Eleazar in the name of Rebbi Ḥanina: It happened that an uncircumcised Cohen was sprinkled and the sprinklings were declared valid. It was stated: Rebbi Eliezer ben Jacob says, there were soldiers and gate keepers in Jerusalem who immersed themselves and ate their Passover sacrifices in the evening.

HALAKHAH: So is the Mishnah: Rebbi Neḥemia declares him not prosecutable but the Sages declare him guilty since it is not unsubstantiated. The Sages say, two estimations have precedence over one estimation; Rebbi Neḥemiah says, the intermediate estimation has precedence over the two. What is Rebbi Neḥemiah’s reason? “ ‘If he gets up and walks outside on his cane, the attacker is exonerated.’ Could you think that this one walks in the market and the other is executed because of him? But even if he died according to the first estimation he cannot be prosecuted.” What is the rabbi’s reason? “If he does not die but is bedridden.” Would we not know that even if he does not die that he will be bedridden? But if they estimated that he would die. If they estimated that he would die, that is what is written: “If he gets up and walks outside on his cane.” Therefore, if he does not get up, [the attacker] is guilty. But if they did not estimate that he would die? If they did not estimate that he would die, that is what is written: “But he has to pay for his disability.” Rebbi Ila in the name of Rebbi Simeon ben Laqish: It is an extraordinary decree of Scripture that he has to pay. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: It was an erroneous estimation. What is the difference between them? If his state improved. For him who says, it is an extraordinary decree of Scripture that he has to pay; if he paid, he paid. If he did not pay, the verse makes him pay. A baraita supports one and a baraita supports the other. A baraita supports Rebbi Yose ben Ḥanina: If they estimated that he would die, when does he have to pay him? From the moment he improves. For him who says, it was an erroneous estimation; if he did not pay one does not order him to pay. If he paid, can he take it back? This supports Rebbi Simeon ben Laqish: If they estimated that he would live but he died. From when does one have to pay him? From the moment he turns worse. Rebbi Yose said, it does not say here, “from the moment he turns worse” but “from the moment he turns better.”

HALAKHAH: So is the Mishnah: Rebbi Neḥemia declares him not prosecutable but the Sages declare him guilty since it is not unsubstantiated. The Sages say, two estimations have precedence over one estimation; Rebbi Neḥemiah says, the intermediate estimation has precedence over the two. What is Rebbi Neḥemiah’s reason? “ ‘If he gets up and walks outside on his cane, the attacker is exonerated.’ Could you think that this one walks in the market and the other is executed because of him? But even if he died according to the first estimation he cannot be prosecuted.” What is the rabbi’s reason? “If he does not die but is bedridden.” Would we not know that even if he does not die that he will be bedridden? But if they estimated that he would die. If they estimated that he would die, that is what is written: “If he gets up and walks outside on his cane.” Therefore, if he does not get up, [the attacker] is guilty. But if they did not estimate that he would die? If they did not estimate that he would die, that is what is written: “But he has to pay for his disability.” Rebbi Ila in the name of Rebbi Simeon ben Laqish: It is an extraordinary decree of Scripture that he has to pay. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: It was an erroneous estimation. What is the difference between them? If his state improved. For him who says, it is an extraordinary decree of Scripture that he has to pay; if he paid, he paid. If he did not pay, the verse makes him pay. A baraita supports one and a baraita supports the other. A baraita supports Rebbi Yose ben Ḥanina: If they estimated that he would die, when does he have to pay him? From the moment he improves. For him who says, it was an erroneous estimation; if he did not pay one does not order him to pay. If he paid, can he take it back? This supports Rebbi Simeon ben Laqish: If they estimated that he would live but he died. From when does one have to pay him? From the moment he turns worse. Rebbi Yose said, it does not say here, “from the moment he turns worse” but “from the moment he turns better.”

If [the bill of divorce] contained documentation of a gift and [the messenger] said, it was written and signed before me, is [the husband’s] protest about the gift void since it is void about the divorce? Or, since his protest is void [only] about the divorce, is it valid about the gift? We have stated later: “Bills of divorce for wives and documents of manumission are equal in the rules of carrying and bringing.” If [the document of manumission] contained documentation of a gift and [the messenger] said, it was written and signed before me, is [the master’s] protest about the gift void since it is void about the manumission? Or since his protest is void [only] about the manumission, is it valid about the gift? If somebody signed all his property over to his slave, you say that the gift is the document of manumission. How do you treat this? Is it a document of manumission and his protest is void or is it a gift and his protest is valid? This can be compared to the following: If somebody signed all his property over to two persons in one document and the testimony of the witnesses was valid for one but invalid for the other. Rebbi Ila in the name of Rebbi Immi: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed; one said, since it is invalid for one it is invalid for the other, but the other said, it is valid for one and invalid for the other. Rebbi Mana did not specify; Rebbi Abin specified: Rebbi Joḥanan said, since it is invalid for one it is invalid for the other; but Rebbi Simeon ben Laqish said, it is valid for one and invalid for the other. Rebbi Eleazar said, a Mishnah supports Rebbi Joḥanan: “Since testimony of two [witnesses] is invalid if one of them turns out to be related or disqualified, so also of three [witnesses] it is invalid if one of them turns out to be related or disqualified”. Rebbi Jacob bar Aḥa said, Rebbi Ḥanina the colleague of the rabbis and the rabbis disagree. One says, the argument of Rebbi Eleazar is correct, but the other says, Rebbi Eleazar is not correct. For him who says, the argument of Rebbi Eleazar is correct, it is a testimony about one person; as testimony it is totally invalid if it is partially invalid. For him who says, the argument of Rebbi Eleazar is not correct, it is as if two groups of witnesses came, valid for one and disqualified for the other.

If the messenger fell sick. Rebbi Ḥanina said, a case came before the son of Rebbi Abba and he sent to ask Rebbi Ḥiyya, Rebbi Yasa and Rebbi Immi. They instructed him that the first messenger does not have to say: “it was written and signed before me,” but he says, “I am an agent of the court.”

Rebbi Ḥiyya bar Uqba in the name of Rebbi Yose in the name of Rebbi Ḥanina: The Mishnah speaks of the heirs in priesthood and Levitic status. But concerning the poor, the poor has no inheritance. Bar Qappara stated: No person is immune from this; if not he then his son, if not his son then his grandson. This means, he can change the terms. Can the creditor change the terms? Let us hear from the following: “If somebody lends money to a first rich and then poor person he cannot separate for him, for one does not separate for what was lost and the poor acquired what is in his hand.” This implies that the creditor cannot change the terms.

If a convert died and Jews plundered his property, if there were slaves, either adult or underage, they gain their freedom. Abba Shaul said, the adults gain their freedom, the minors do not become free. Why? They are no longer property after their owner’s death. Then even adults? Rebbi Abba said, since adults are competent to acquire themselves, they gain their freedom. Minors, who are not competent to acquire for themselves, do not gain their freedom. Rebbi Joshua ben Levi said, practice follows Abba Shaul. The opinions of Rebbi Joshua ben Levi are contradictory. There, Rebbi Simon in the name of Rebbi Joshua ben Levi and Rebbi Yossi ben Shaul in the name of Rebbi said: A person who has given up hope to recover his slave is not entitled to enslave him. They said, what Rebbi Joshua said about enslaving, if he did not give, he did not give; perhaps practice would be to enslave him, therefore he has to write him a bill of manumission. And here, he says so! We heard that Rebbi Joḥanan said, Rebbi Joshua ben Levi taught us that correctly, perhaps practice follows Abba Shaul. The slave girl of Rabba bar Zuṭra ran away and he gave up hope to recover her. He went to ask Rebbi Ḥanina and Rebbi Joshua ben Levi. They said, he is not entitled to enslave her. How is it to write her a bill of manumission? They said to him, if you wrote, you did the right thing. Rebbi Ḥanina in the name of Rebbi Ismael ben Rebbi Yose: A slave who married as a free person in the presence of his master gained his freedom. Rebbi Joḥanan said, yesterday I was sitting and formulating: If somebody writes a document of preliminary marriage for his slave or a document of definitive marriage for his girl slave, Rebbi says, they acquired, but the Sages say, they did not acquire. The first Tanna follows Rebbi: he acquired.

If a convert died and Jews plundered his property, if there were slaves, either adult or underage, they gain their freedom. Abba Shaul said, the adults gain their freedom, the minors do not become free. Why? They are no longer property after their owner’s death. Then even adults? Rebbi Abba said, since adults are competent to acquire themselves, they gain their freedom. Minors, who are not competent to acquire for themselves, do not gain their freedom. Rebbi Joshua ben Levi said, practice follows Abba Shaul. The opinions of Rebbi Joshua ben Levi are contradictory. There, Rebbi Simon in the name of Rebbi Joshua ben Levi and Rebbi Yossi ben Shaul in the name of Rebbi said: A person who has given up hope to recover his slave is not entitled to enslave him. They said, what Rebbi Joshua said about enslaving, if he did not give, he did not give; perhaps practice would be to enslave him, therefore he has to write him a bill of manumission. And here, he says so! We heard that Rebbi Joḥanan said, Rebbi Joshua ben Levi taught us that correctly, perhaps practice follows Abba Shaul. The slave girl of Rabba bar Zuṭra ran away and he gave up hope to recover her. He went to ask Rebbi Ḥanina and Rebbi Joshua ben Levi. They said, he is not entitled to enslave her. How is it to write her a bill of manumission? They said to him, if you wrote, you did the right thing. Rebbi Ḥanina in the name of Rebbi Ismael ben Rebbi Yose: A slave who married as a free person in the presence of his master gained his freedom. Rebbi Joḥanan said, yesterday I was sitting and formulating: If somebody writes a document of preliminary marriage for his slave or a document of definitive marriage for his girl slave, Rebbi says, they acquired, but the Sages say, they did not acquire. The first Tanna follows Rebbi: he acquired.

The Mishnah is Rebbi Meїr’s, since Rebbi Meїr says that a Gentile may not acquire real estate in the Land of Israel to remove it from tithes; Rebbi Jehudah and Rebbi Simeon say, a Gentile may acquire real estate in the Land of Israel to free it from tithes. Rebbi Immi in the name of Rebbi Simeon ben Laqish: The reason of Rebbi Meïr (Lev. 25:46): “You shall transmit them by inheritance to your sons after you, to inherit by the rules of real estate.” This brackets slaves with real estate. Just as you may buy slaves from them but they cannot buy from you, so real estate you may buy from them but they cannot buy from you. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yasa, the following supports Rebbi Meїr (Lev. 25:23): “The land shall not be sold permanently,” absolutely. He said to him, that in itself supports Rebbi Simeon. “It shall not be sold”, because if it was sold, it would be sold absolutely. Rebbi Huna from Sepphoris said, Rebbi Ḥanina instituted in Sepphoris following Rebbi Simeon.

“For a woman’s ketubah with lowest quality.” Rebbi Jeremiah said, they taught only for a ketubah of a mina or 200 [zuz], but a ketubah of a thousand denar she collects from average quality. Rebbi Yose said, even a ketubah of a thousand denar she collects only from lowest quality. It turns out that this disagreement parallels the following disagreement: “While she lives in her father’s house, she always can collect her ketubah; if she lives in her husband’s house, she can collect her ketubah for 25 years.” Rebbi Simon in the name of Rebbi Joshua ben Levi: One stated this only for the ketubah of a mina or 200 [zuz]. But a ketubah of 1’000 denar she collects forever. Rebbi Abbahu quoted in the name of Rebbi Joḥanan: Even a ketubah of 1’000 denar she can collect only up to 25 years. It turns out that Rebbi Yose follows Rebbi Joḥanan and Rebbi Jeremiah Rebbi Joshua ben Levi. As we have stated there: “If somebody signs over his property to his sons and signs over some real estate to his wife, she loses her claim to ketubah.” Rav said, if he sells through her. Samuel says, if he distributes in her presence. Rebbi Yose ben Ḥanina said, they stated here a relaxation of the laws of ketubah. Rebbi Abba said, the reason of Rebbi Yose ben Ḥanina is that it applies not only to a ketubah of a mina or two hundred, but even regarding a ketubah of one thousand denar they proclaimed a relaxation of the laws of ketubah.

“For a woman’s ketubah with lowest quality.” Rebbi Jeremiah said, they taught only for a ketubah of a mina or 200 [zuz], but a ketubah of a thousand denar she collects from average quality. Rebbi Yose said, even a ketubah of a thousand denar she collects only from lowest quality. It turns out that this disagreement parallels the following disagreement: “While she lives in her father’s house, she always can collect her ketubah; if she lives in her husband’s house, she can collect her ketubah for 25 years.” Rebbi Simon in the name of Rebbi Joshua ben Levi: One stated this only for the ketubah of a mina or 200 [zuz]. But a ketubah of 1’000 denar she collects forever. Rebbi Abbahu quoted in the name of Rebbi Joḥanan: Even a ketubah of 1’000 denar she can collect only up to 25 years. It turns out that Rebbi Yose follows Rebbi Joḥanan and Rebbi Jeremiah Rebbi Joshua ben Levi. As we have stated there: “If somebody signs over his property to his sons and signs over some real estate to his wife, she loses her claim to ketubah.” Rav said, if he sells through her. Samuel says, if he distributes in her presence. Rebbi Yose ben Ḥanina said, they stated here a relaxation of the laws of ketubah. Rebbi Abba said, the reason of Rebbi Yose ben Ḥanina is that it applies not only to a ketubah of a mina or two hundred, but even regarding a ketubah of one thousand denar they proclaimed a relaxation of the laws of ketubah.

HALAKHAH: “One does not collect from encumbered property,” etc. Rebbi Ḥanina said, because they have no fixed amount.

Can one collect dowry from encumbered property? Rebbi Ze‘ira said that Rebbi Joḥanan does not collect. Who collects? Rebbi Ḥanina and Rebbi Ila collect. Rebbi Yasa was appointed custodian of orphans’ property. There were orphan [girls] who asked for dowry. He brought the case before Rebbi Eleazar and Rebbi Simeon bar Yaqim. Rebbi Simeon bar Yaqim said, is it not better to provide for them from their father’s estate rather than from charity? Rebbi Eleazar said to him: If such a case came before our teachers, our teachers would not touch it; would we act? Rebbi Yose said, I shall give to them, and if some orphans would get up and complained, I would give it to them. They stood up and complained.

Rav wrote to Rebbi, who transferred it to the Elder Rebbi Ḥiyya and Rebbi Ḥiyya wrote between the lines. If the orphans sold against the rules, one collects for dowry but one does not collect for sustenance. If they accepted a lien. I do not know what this lien is. Levi stated: Both for a lien made by the father and for a lien made by the son, one collects for dowry but one does not collect for sustenance. Rebbi Abba said, there is no mention of a lien made by the father, only a lien made by the son. If one cannot collect during the father’s lifetime, not so much less after the father’s death? Rebbi Ḥama bar Uqba in the name of Rebbi Yose bar Ḥanina: If the daughters are married, the widow is sustained by them. Rebbi Abba follows his own [opinion] and Rebbi Jehudah follows his own [opinion]. For the sister of Rebbi Yose bar Ḥanina in the name of Rebbi Yose ben Rebbi Ḥaggai: Even if they died, the widow is sustained by them.

Rav wrote to Rebbi, who transferred it to the Elder Rebbi Ḥiyya and Rebbi Ḥiyya wrote between the lines. If the orphans sold against the rules, one collects for dowry but one does not collect for sustenance. If they accepted a lien. I do not know what this lien is. Levi stated: Both for a lien made by the father and for a lien made by the son, one collects for dowry but one does not collect for sustenance. Rebbi Abba said, there is no mention of a lien made by the father, only a lien made by the son. If one cannot collect during the father’s lifetime, not so much less after the father’s death? Rebbi Ḥama bar Uqba in the name of Rebbi Yose bar Ḥanina: If the daughters are married, the widow is sustained by them. Rebbi Abba follows his own [opinion] and Rebbi Jehudah follows his own [opinion]. For the sister of Rebbi Yose bar Ḥanina in the name of Rebbi Yose ben Rebbi Ḥaggai: Even if they died, the widow is sustained by them.

What is the situation of grandchildren? Rebbi Mana said, grandchildren are like children. Rebbi Yose said, grandchildren are not like children. Rebbi Samuel, son of Rebbi Yose ben Rebbi Ḥanina and Rebbi Mattaniah were sitting together. They wanted to say, the same situation applies to grandchildren here as there. Rebbi Yose ben Rebbi Ḥanina said to them, inheritance by biblical law jumped on grandchildren.

What is the situation of grandchildren? Rebbi Mana said, grandchildren are like children. Rebbi Yose said, grandchildren are not like children. Rebbi Samuel, son of Rebbi Yose ben Rebbi Ḥanina and Rebbi Mattaniah were sitting together. They wanted to say, the same situation applies to grandchildren here as there. Rebbi Yose ben Rebbi Ḥanina said to them, inheritance by biblical law jumped on grandchildren.

Rebbi Joḥanan said, as a matter of principle one does not appoint guardians for orphans to their detriment, only to their profit; but if they are detrimental, they are detrimental. Rebbi Yose bar Ḥanina said, neither as a matter of principle nor as a reaction, neither for profit not for detriment. A Mishnah disagrees with Rebbi Yose bar Ḥanina: “One appoints a guardian for them” There is a difference about an ox, lest it continue to cause damage. If it did do damage, from whom does one take payment? Rebbi Joḥanan said, from the orphans. Rebbi Yose bar Ḥanina said, from the guardian. And even if Rebbi Joḥanan never taught this, does not his word imply it since he said if in the end they are detrimental, they are detrimental?

Rebbi Joḥanan said, as a matter of principle one does not appoint guardians for orphans to their detriment, only to their profit; but if they are detrimental, they are detrimental. Rebbi Yose bar Ḥanina said, neither as a matter of principle nor as a reaction, neither for profit not for detriment. A Mishnah disagrees with Rebbi Yose bar Ḥanina: “One appoints a guardian for them” There is a difference about an ox, lest it continue to cause damage. If it did do damage, from whom does one take payment? Rebbi Joḥanan said, from the orphans. Rebbi Yose bar Ḥanina said, from the guardian. And even if Rebbi Joḥanan never taught this, does not his word imply it since he said if in the end they are detrimental, they are detrimental?

Rebbi Joḥanan said, as a matter of principle one does not appoint guardians for orphans to their detriment, only to their profit; but if they are detrimental, they are detrimental. Rebbi Yose bar Ḥanina said, neither as a matter of principle nor as a reaction, neither for profit not for detriment. A Mishnah disagrees with Rebbi Yose bar Ḥanina: “One appoints a guardian for them” There is a difference about an ox, lest it continue to cause damage. If it did do damage, from whom does one take payment? Rebbi Joḥanan said, from the orphans. Rebbi Yose bar Ḥanina said, from the guardian. And even if Rebbi Joḥanan never taught this, does not his word imply it since he said if in the end they are detrimental, they are detrimental?

A guardian appointed by the orphans’ father shall be made to swear, for usually he is not checked out. If he was appointed by the court he shall not be made to swear for usually he was checked out. Abba Shaul says, it is the other way around; a guardian appointed by the orphans’ father shall be made to swear, for he is like one who is paid; if he was appointed by the court he shall not be made to swear for for he can say to him, I am doing this as a favor to you. It turns out that Rebbi Joḥanan follows the rabbis and Rebbi Yose ben Ḥanina Abba Shaul. Does Rebbi Joḥanan follow the rabbis? Even if he holds with Abba Shaul, a person acts as a trustee in order to be declared trustworthy. Does Rebbi Yose ben Ḥanina [follow] Abba Shaul? Even if he holds with the rabbis, a person is apt to slip away from an oath but not from payments.

A guardian appointed by the orphans’ father shall be made to swear, for usually he is not checked out. If he was appointed by the court he shall not be made to swear for usually he was checked out. Abba Shaul says, it is the other way around; a guardian appointed by the orphans’ father shall be made to swear, for he is like one who is paid; if he was appointed by the court he shall not be made to swear for for he can say to him, I am doing this as a favor to you. It turns out that Rebbi Joḥanan follows the rabbis and Rebbi Yose ben Ḥanina Abba Shaul. Does Rebbi Joḥanan follow the rabbis? Even if he holds with Abba Shaul, a person acts as a trustee in order to be declared trustworthy. Does Rebbi Yose ben Ḥanina [follow] Abba Shaul? Even if he holds with the rabbis, a person is apt to slip away from an oath but not from payments.

So far, if there were two contracts. If there was one contract? Rebbi Ze‘ira and Rebbi Ila both say, certainly the sale is invalid; i. e., if he bought from the wife and then bought from the husband. Rebbi Ḥanina and Rebbi Bevon both said, certainly the sale is valid; i. e., if he bought from the husband and then bought from the wife. But is not all the wife’s property administered by the husband? For the yield.

HALAKHAH: “The following was said for communal peace,” etc. The saying of Rebbi Simeon ben Ioḥai implies that it is of the words of the Torah, for Rebbi Simeon ben Ioḥai stated: “Moses wrote this Torah and gave it to the Cohanim, the Levites (etc.)” and afterwards “to all the Elders of Israel.” The saying of Rebbi Joshua ben Levi implies that it is of their words, as Rebbi Joshua said, never did I recite the benediction before a Cohen and I did not allow an Israel to do it before him. The saying of Rebbi Ḥanina implies that it is of their words, as Rebbi Ḥanina said, in a city of only Cohanim, an Israel reads first because of communal peace.

HALAKHAH: “The following was said for communal peace,” etc. The saying of Rebbi Simeon ben Ioḥai implies that it is of the words of the Torah, for Rebbi Simeon ben Ioḥai stated: “Moses wrote this Torah and gave it to the Cohanim, the Levites (etc.)” and afterwards “to all the Elders of Israel.” The saying of Rebbi Joshua ben Levi implies that it is of their words, as Rebbi Joshua said, never did I recite the benediction before a Cohen and I did not allow an Israel to do it before him. The saying of Rebbi Ḥanina implies that it is of their words, as Rebbi Ḥanina said, in a city of only Cohanim, an Israel reads first because of communal peace.

Rebbi Yose bar Ḥanina asked: Has this been said for all of this chapter or only for this Mishnah? The rabbis of Caesarea in the name of Rebbi Judah bar Titus: From the fact that we state this Mishnah in Giṭṭin it follows that it was said only for this Mishnah.

Rebbi Ḥanina said, practice follows Rabban Gamliel: if she said “take for me, it should be mine in your hand.” A man sent a bill of divorce to his wife. She told [the agent]: “It should be mine in your hand.” The casecame before Rav, who said, if he wants to retract he cannot retract. Does he disagree? There is a difference between “it should be in your hand” and “it should be mine in your hand.” Rebbi Ḥizqiah said, I know the beginning and the end. A woman appointed an agent to accept her bill of divorce from the husband’s agents. The case came before Rav, who said, if he wants to retract he cannot retract. Rav’s opinion has switched! There, Rav Huna said in the name of Rav: A woman cannot appoint an agent to accept her bill of divorce from her husband’s agent, and here, he says so? I say, he was standing behind the door and heard her voice.

Rebbi Mana said, not only a neck-iron of mortal danger but also a neck-iron of money. For every neck-iron is a mortal danger. Rebbi Eleazar asked: Does his gift follow the rules of the gift of a sick person? Rebbi Naḥman in the name of Rebbi Jacob the Armenian: That which is a problem for Rebbi Simeon is obvious for Rebbi Yose bar Ḥanina, as we have stated there: “One may have use for the hair of a woman who was executed but an animal which was executed is forbidden for all use.” Rebbi Yose bar Ḥanina said, if she said, my bonnet should be given to my daughter.

Rebbi Mana said, not only a neck-iron of mortal danger but also a neck-iron of money. For every neck-iron is a mortal danger. Rebbi Eleazar asked: Does his gift follow the rules of the gift of a sick person? Rebbi Naḥman in the name of Rebbi Jacob the Armenian: That which is a problem for Rebbi Simeon is obvious for Rebbi Yose bar Ḥanina, as we have stated there: “One may have use for the hair of a woman who was executed but an animal which was executed is forbidden for all use.” Rebbi Yose bar Ḥanina said, if she said, my bonnet should be given to my daughter.

As the following: Ganiba was lead out to be executed. He said, One should give money to Rebbi Abuna from the wine of Kefar Panaya. They did not give him; they were considering what Rav said, “an heir is like the buyer of encumbered property.” Just as a loan before witnesses cannot be collected from encumbered property, so it cannot be collected from heirs. If they did not give it as payment of a debt, they should have given as a gift! They were considering what Rebbi Eleazar said, for Rebbi Eleazar asked: Does his gift follow the rules of the gift of a sick person? Rebbi Ze‘ira brought Rebbi Isaac from Atosha who stated for him: A gift is like a bill of divorce. Rebbi Abba said to him, perhaps like bills of divorce which one cannot deliver if not delivered during his lifetime, so a gift is not called a gift if not delivered during his lifetime? He said to him, here comes the rabbi with sophistication to let Rebbi Abuna lose money! You cannot, for we have stated there: “Give a mina to X; then he died. One shall give after death.” Following Rebbi Simeon. For Rebbi Joḥanan disagrees, they should give him, as Rebbi Abbahu said in the name of Rebbi Joḥanan: A loan before witnesses can be collected from the heirs on condition that they inherited real estate. Rebbi Yose said, that is, if somebody was with him until the moment of his death. But if he goes in and out, I am saying that already he gave him. The word of Rebbi Ḥanina implies that it was not given since Rebbi Ḥanina reported this fact: Levi Parisa was going from place to place when Ganiba’s relatives came to eat with him. He said, the money should be given to Rebbi Abuna; they started quarelling with him.

As the following: Ganiba was lead out to be executed. He said, One should give money to Rebbi Abuna from the wine of Kefar Panaya. They did not give him; they were considering what Rav said, “an heir is like the buyer of encumbered property.” Just as a loan before witnesses cannot be collected from encumbered property, so it cannot be collected from heirs. If they did not give it as payment of a debt, they should have given as a gift! They were considering what Rebbi Eleazar said, for Rebbi Eleazar asked: Does his gift follow the rules of the gift of a sick person? Rebbi Ze‘ira brought Rebbi Isaac from Atosha who stated for him: A gift is like a bill of divorce. Rebbi Abba said to him, perhaps like bills of divorce which one cannot deliver if not delivered during his lifetime, so a gift is not called a gift if not delivered during his lifetime? He said to him, here comes the rabbi with sophistication to let Rebbi Abuna lose money! You cannot, for we have stated there: “Give a mina to X; then he died. One shall give after death.” Following Rebbi Simeon. For Rebbi Joḥanan disagrees, they should give him, as Rebbi Abbahu said in the name of Rebbi Joḥanan: A loan before witnesses can be collected from the heirs on condition that they inherited real estate. Rebbi Yose said, that is, if somebody was with him until the moment of his death. But if he goes in and out, I am saying that already he gave him. The word of Rebbi Ḥanina implies that it was not given since Rebbi Ḥanina reported this fact: Levi Parisa was going from place to place when Ganiba’s relatives came to eat with him. He said, the money should be given to Rebbi Abuna; they started quarelling with him.

HALAKHAH: “If somebody was thrown into a cistern,” etc. Rebbi Ḥanina said, Rebbi Jonathan taught us, only if they saw a man’s shadow. There we have stated: “One testifies by the light of a candle or by the light of the moon and one permits to remarry on the basis of a disembodied voice”, and Rebbi Jonathan said, only if they saw a man’s shadow. Rebbi Aḥa bar Ḥanina, in the name of Rebbi Ḥanina: That means, in the fields, but in town even without a man’s shadow. But did we not state: “If somebody had been thrown into a cistern,” and Rebbi Jonathan said, only if they saw a man’s shadow? Rebbi Abin said, damaging spirits were as frequent in cisterns as they are frequent on the fields.

HALAKHAH: “If somebody was thrown into a cistern,” etc. Rebbi Ḥanina said, Rebbi Jonathan taught us, only if they saw a man’s shadow. There we have stated: “One testifies by the light of a candle or by the light of the moon and one permits to remarry on the basis of a disembodied voice”, and Rebbi Jonathan said, only if they saw a man’s shadow. Rebbi Aḥa bar Ḥanina, in the name of Rebbi Ḥanina: That means, in the fields, but in town even without a man’s shadow. But did we not state: “If somebody had been thrown into a cistern,” and Rebbi Jonathan said, only if they saw a man’s shadow? Rebbi Abin said, damaging spirits were as frequent in cisterns as they are frequent on the fields.

HALAKHAH: “If somebody was thrown into a cistern,” etc. Rebbi Ḥanina said, Rebbi Jonathan taught us, only if they saw a man’s shadow. There we have stated: “One testifies by the light of a candle or by the light of the moon and one permits to remarry on the basis of a disembodied voice”, and Rebbi Jonathan said, only if they saw a man’s shadow. Rebbi Aḥa bar Ḥanina, in the name of Rebbi Ḥanina: That means, in the fields, but in town even without a man’s shadow. But did we not state: “If somebody had been thrown into a cistern,” and Rebbi Jonathan said, only if they saw a man’s shadow? Rebbi Abin said, damaging spirits were as frequent in cisterns as they are frequent on the fields.

If somebody slaughtered with the intention of sprinkling [the victim’s] blood in idolatry or to burn its fat for idolatry, Rebbi Joḥanan said, the intention invalidates, Rebbi Simeon ben Laqish said, the intention does not invalidate. Rebbi Jacob bar Idi objected before Rebbi Simeon ben Laqish: Did we not state: “Rebbi Yose said, that is a matter of a conclusion de minore ad majus. Since in a case where thought makes sanctified food unusable, etc.,” and thought invalidates for piggul and leftover. He said to him, truly thought invalidates for piggul and leftover; but if somebody slaughtered with the intention of sprinkling [the victim’s] blood in idolatry or to burn its fat for idolatry, the intention does not invalidate. If he slaughtered and then the blood was sprinkled in an idolatrous rite and the fat was burned in an idolatrous rite, there was such a case in Caesarea and they pronounced neither prohibition nor permission. Rebbi Ḥanina in the name of Rav Ḥisda: This means that they were not apprehensive. If you say that they were apprehensive, they should have taught a prohibition. Rebbi Yose in the name of Rav Ḥisda: This means that they were apprehensive. If you say that they were not apprehensive, they should not have dealt with the case.

Rebbi Jeremiah asked: If he threw it to her in a courtyard which belongs to neither of them, what is the rule? Rebbi Aḥa in the name of Rebbi Ḥanina: That is a problem for the rabbis. Rebbi Abin said, it is a disagreement between Rav and the Elder Rebbi Ḥiyya, for Rebbi Samuel, Rebbi Ze‘ira, Rav Ḥiyya bar Ashi said in the name of Rav: Drawing close does not acquire in a courtyard which belongs to neither of them. But Rebbi Ḥiyya stated in disagreement: “Under which circumstances did they say that movables are acquired by drawing close? In the public domain or in a courtyard which belongs to neither of them. But in the buyer’s domain he acquired the moment he accepted it. In the seller’s domain he does not acquire unless either he lifts it up or moves it out of its prior owner’s domain. In a domain where it was deposited he does not acquire unless he either is explicitly empowered or he leases its place.”

HALAKHAH: “Five who wrote collectively a bill of divorce,” etc. Rebbi Joḥanan said in the name of Rebbi Yannai: “And I am greeting X,” one can assume that he signed regarding everything; “I am greeting X,” he signed only for the greeting. Rebbi Simeon ben Laqish said, even if he said “I am greeting X,” one can assume that he signed regarding everything. What means “collectively” for Rebbi Joḥanan? X divorces Y and Z U. What means “collectively” for Rebbi Simeon ben Laqish? We, X and Z, divorce our wives at place A. Rebbi Ze‘ira said, Rebbi Joḥanan agrees that if he mentions divorce for each one separately he needs a text and witnesses for each one separately. The strength of Rebbi Joḥanan is from the following: “ ‘That I shall not benefit, a qorbān for this one or that one’; each single one needs a separate opening.” Rebbi Yose said, the Mishnah supports Rebbi Joḥanan: “If he wrote a separate text for each of them and the witnesses signed at the end, [only] the one with which the witnesses are read is valid.” Samuel said, the detailed statement for Rebbi Meїr is the general statement for Rebbi Jehudah and the detailed statement for Rebbi Jehudah is the general statement for Rebbi Meїr. [Rebbi] Samuel said in the name of Rebbi Ze‘ira, the words of the rabbis show that the detailed statement for Rebbi Meїr is not the general statement for Rebbi Jehudah and the detailed statement for Rebbi Jehudah is not the general statement for Rebbi Meїr, since Rebbi Joḥanan said in the name of Rebbi Yannai: “and I am greeting X,” one can assume that he signed regarding everything; “I am greeting X,” he signed only for the greeting. If you would say that the detailed statement for Rebbi Meїr is the general statement for Rebbi Jehudah, even if he said “and I am greeting X,” can one assume that he signed regarding everything? How is this? Rebbi Yose said, a Mishnah implies that the detailed statement for Rebbi Jehudah is not the general statement for Rebbi Meїr, as we have stated there: “Rebbi Meїr says, even ‘wheat, and barley, and spelt’ makes him guilty for each one separately”, but nobody says “even” unless he refers to an earlier statement. How is this? Rebbi Ḥanina said, in Rebbi Meїr’s opinion, [whether] he said “wheat, and barley, and spelt”, [or “wheat, barley, spelt] is a general statement and particulars. [In Rebbi Jehudah’s opinion,] if he said, “wheat grains, barley grains, and spelt grains”, it is a general statement without particulars.

If you say, by Jewish rules, he is guilty if he converted. If you say, by their rules, he cannot be prosecuted if he converted, as Rebbi Ḥanina said, a descendant of Noah who blasphemed and then converted cannot be prosecuted since the law changed for him. Rebbi Eleazar in the name of Rebbi Ḥanina: The descendants of Noah are warned about nakedness as Jews are; the verse says, “he shall cling to his wife”, not to somebody else’s wife. “He shall cling to his wife”, not to a male, nor to an animal. Rebbi Samuel, Rebbi Abbahu, Rebbi Eleazar in the name of Rebbi Ḥanina: A descendant of Noah who had perverse intercourse with his wife is killed. What is the reason? “He shall cling to his wife so they become one flesh,” at the place where they together create one flesh.

If you say, by Jewish rules, he is guilty if he converted. If you say, by their rules, he cannot be prosecuted if he converted, as Rebbi Ḥanina said, a descendant of Noah who blasphemed and then converted cannot be prosecuted since the law changed for him. Rebbi Eleazar in the name of Rebbi Ḥanina: The descendants of Noah are warned about nakedness as Jews are; the verse says, “he shall cling to his wife”, not to somebody else’s wife. “He shall cling to his wife”, not to a male, nor to an animal. Rebbi Samuel, Rebbi Abbahu, Rebbi Eleazar in the name of Rebbi Ḥanina: A descendant of Noah who had perverse intercourse with his wife is killed. What is the reason? “He shall cling to his wife so they become one flesh,” at the place where they together create one flesh.

If you say, by Jewish rules, he is guilty if he converted. If you say, by their rules, he cannot be prosecuted if he converted, as Rebbi Ḥanina said, a descendant of Noah who blasphemed and then converted cannot be prosecuted since the law changed for him. Rebbi Eleazar in the name of Rebbi Ḥanina: The descendants of Noah are warned about nakedness as Jews are; the verse says, “he shall cling to his wife”, not to somebody else’s wife. “He shall cling to his wife”, not to a male, nor to an animal. Rebbi Samuel, Rebbi Abbahu, Rebbi Eleazar in the name of Rebbi Ḥanina: A descendant of Noah who had perverse intercourse with his wife is killed. What is the reason? “He shall cling to his wife so they become one flesh,” at the place where they together create one flesh.

There, we have stated: “A judicial oath, for a claim of two silver pieces and a judicial acknowlegdment of a peruṭah. The claim, the House of Shammai say, an obolus, but the House of Hillel say, two obols.” The argument of the House of Shammai seems inverted. There, they say, “silver” is a denar, but here, they say that “silver” is an obolus. The argument of the House of Hillel seems inverted. There, they say, “money” is a peruṭah, but here, they say that “money” is two obols. Rebbi Jacob bar Aḥa in the name of Rebbi Ḥanina: The house of Shammai learn from the initial sale of a Hebrew girl. Since her initial sale was by [at least] a denar, so her preliminary marriage is by [at least] a denar. The House of Hillel learn from the end of her diminution. Since the end of her diminution is a peruṭah, so her preliminary marriage is by a peruṭah. What is the reason of the House of Shammai? As it is said: “She leaves gratis, without silver.” Would we not know that it is without money? Why does the verse say, “without silver”? From there, that she is sold for more than silver. And what is more than silver? A denar. But maybe “silver” is a peruṭah, more than silver two peruṭot? The smallest silver coin is an obolus. So why is it not an obolus? Rebbi Abun in the name of Rebbi Judah bar Pazi: For if she wants to diminish, she diminishes every year by an obolus and leaves. Could she not diminish by a peruṭah? Rebbi Abun said, think of it. If she wanted to compute the diminution at the start of the sixth year, there would be a peruṭah left, and at the end of the sixth year, there would be a peruṭah left. But the start of the diminution must be an obolus, the end of the diminution a peruṭah. If there is only one peruṭah left, can she not pay the diminished amount and leave? Just as the last diminished amount is a peruṭah, so her preliminary marriage should be a peruṭah! What is the reason of the House of Hillel? Since her last diminished amount is a peruṭah, you know that her preliminary marriage is by a peruṭah.

Rebbi Ḥanina and Rebbi Mana. Rebbi Ḥanina says, bronze remained in its place, silver increased or decreased in value. Rebbi Mana said, silver remained in its place, bronze increased or decreased in value. In Rebbi Ḥanina’s opinion, with one as six women always can contract a preliminary marriage. In Rebbi Mana’s opinion, sometimes six, sometimes eight.

Rebbi Ḥanina and Rebbi Mana. Rebbi Ḥanina says, bronze remained in its place, silver increased or decreased in value. Rebbi Mana said, silver remained in its place, bronze increased or decreased in value. In Rebbi Ḥanina’s opinion, with one as six women always can contract a preliminary marriage. In Rebbi Mana’s opinion, sometimes six, sometimes eight.

Rebbi Ḥanina and Rebbi Mana. Rebbi Ḥanina says, bronze remained in its place, silver increased or decreased in value. Rebbi Mana said, silver remained in its place, bronze increased or decreased in value. In Rebbi Ḥanina’s opinion, with one as six women always can contract a preliminary marriage. In Rebbi Mana’s opinion, sometimes six, sometimes eight.

“A male nine years and one day old makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest.” In the opinion of Rebbi Simeon ben Laqish who must explain this for a marriage, she should also be free from levirate or ḥalîṣah, as we have stated: “If he married a woman, that one is free from levirate or ḥalîṣah.” Rebbi Abin said, following Rebbi Simeon ben Laqish it comes following Rebbi Yose ben Rebbi Jehudah, as it was stated so: If a male nine years and one day old up to twelve years and one day old grew two pubic hairs, they are warts. Rebbi Yose ben Rebbi Jehudah said, they are indicators [of puberty]. Rebbi Jacob ben Rebbi Abun in the name of Rebbi Yose ben Ḥanina: Only if they were still there at the time of indicators.

Rebbi Yasa in the name of Rebbi Mana; Rebbi 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: Any šeqalim mentioned in the Torah are tetradrachmas, in the Prophets pounds, and in the Hagiographs centenarii. Rebbi Jehudah bar Pazi said, except for the šeqalim paid to Ephron, which were centenarii. 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”?

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”.

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

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.

Commandments which the son is obligated to fulfill towards his father. What is fear? He may not sit in his place and may not speak in his stead nor contradict his words. What is honor? He feeds and gives him to drink, clothes him, covers him, and puts on his shoes, leads him out and in. From whose money? Huna bar Ḥiyya said, from the old man’s. Some want to say, from his own. Did not Rebbi Abbahu say in the name of Rebbi Yose bar Ḥanina: From where do we know that even if his father tells him to throw the wallet into the sea that he should obey him? That is, if he has another one and if it helps to quiet his father’s spirit. Both men and women. Only the man has the power in his hand, but the woman does not have the power in her own hand because others have disposition over her. If she is widowed or divorced, the power is in her own hand.

If it is so, they should have been freed once they were redeemed. It is written (Neh. 8:17): “All the congregation coming from captivity … since the days of Joshua bin Nun.” Why Joshua? Rebbi Hillel, the son of Samuel ben Naḥmani: The verse damaged the reputation of the just person in his grave for the reputation of the just person in his time; it compares their coming in the days of Ezra to the coming in the days of Joshua. As at the coming in the days of Joshua they had been free and became obligated, also at the coming in the days of Ezra they had been free and became obligated. How did they become obligated? Rebbi Yose ben Ḥanina said, they became obligated by the words of the Torah; that is what is written (Deut. 30:5): “The Eternal, your God, will bring you to the Land that your fathers inherited and you will inherit it.” Just as the inheritance of your fathers was by the words of the Torah, so your inheritance is by the words of the Torah. “He will be good to you and give increase to you more than to your forefathers.” Your fathers had been free and became obligated, also you had been free and became obligated. On your fathers there was no yoke of government, but you [are obligated] even though there is on you the yoke of government. Your fathers did become obligated only after fourteen years, seven they conquered and seven they distributed, but you became obligated [immediately when you entered. Your fathers did become obligated only after they had acquired all, but you become obligated] for every single piece at the moment you acquire it.

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.

“And all defects which disqualify a priest disqualify a woman. They added to them for women mouth odor, sweat odor, and a hairless mole.” Rebbi Ḥamai bar Uqba in the name of Rebbi Yose ben Ḥanina: They taught this about the skin of the face. But did we not state: “When was this said? For hidden defects, but he has no claim about visible defects.” Is this not of the visible defects? Explain it if she hid it under her headgear. It was stated: “A mole with hairs is a defect, whether it be large or small, whether it be on the body or on the face. Without a hair it is a defect on the face but not on the body. When has this been said? If it is small. But if it is large, it is a defect whether it be on the body or on the face. How big is large? Rabban Simeon ben Gamliel says, up to an Italic as.” Rebbi Eleazar bar Ḥanina said, for example such a Gordianic denar: its measure is half a ubiquitous gold piece. Rebbi Radifa, Rebbi Jonah: Rebbi Jeremiah asked: A bald woman with a row of hair going from one ear to the other? They wanted to understand it from the following: “They added to them for women mouth odor, sweat odor, and a hairless mole.” They did not mention baldness. They wanted to conclude that it is not a defect. There came Rebbi Samuel the son of Rebbi Yose ben Rebbi Abun: Rebbi Nasa said, it is a defect. It is listed only if it is ugly for both sexes. But something which is beautiful in one sex but ugly in the other, like a bald pate, even though it is a defect it was not listed. You should know that this is so because a beard is beautiful for a man and a defect for a woman, and we did not state: In addition, for a woman a beard. There are breasts which are beautiful for a woman and a defect for men, and we did not state: In addition, for a man women’s breasts.

“And all defects which disqualify a priest disqualify a woman. They added to them for women mouth odor, sweat odor, and a hairless mole.” Rebbi Ḥamai bar Uqba in the name of Rebbi Yose ben Ḥanina: They taught this about the skin of the face. But did we not state: “When was this said? For hidden defects, but he has no claim about visible defects.” Is this not of the visible defects? Explain it if she hid it under her headgear. It was stated: “A mole with hairs is a defect, whether it be large or small, whether it be on the body or on the face. Without a hair it is a defect on the face but not on the body. When has this been said? If it is small. But if it is large, it is a defect whether it be on the body or on the face. How big is large? Rabban Simeon ben Gamliel says, up to an Italic as.” Rebbi Eleazar bar Ḥanina said, for example such a Gordianic denar: its measure is half a ubiquitous gold piece. Rebbi Radifa, Rebbi Jonah: Rebbi Jeremiah asked: A bald woman with a row of hair going from one ear to the other? They wanted to understand it from the following: “They added to them for women mouth odor, sweat odor, and a hairless mole.” They did not mention baldness. They wanted to conclude that it is not a defect. There came Rebbi Samuel the son of Rebbi Yose ben Rebbi Abun: Rebbi Nasa said, it is a defect. It is listed only if it is ugly for both sexes. But something which is beautiful in one sex but ugly in the other, like a bald pate, even though it is a defect it was not listed. You should know that this is so because a beard is beautiful for a man and a defect for a woman, and we did not state: In addition, for a woman a beard. There are breasts which are beautiful for a woman and a defect for men, and we did not state: In addition, for a man women’s breasts.

Rebbi Yose in the name of Rebbi Pedaiah: Intentionally desecrated Temple property becomes profane without redemption. But did we not state: “In error,” that excludes intention? That you say for the additional fifth and the sacrifice, but profaned it is. Rebbi Ḥama bar Uqba in the name of Rebbi Yose ben Ḥanina: The excluded well-being offerings become profane without redemption. But did we not state: “From the sancta,” not all sancta? That you say for the additional fifth and the sacrifice, but profaned it is.

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.