anina

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

“If he sells any of these items and uses their proceeds for preliminary marriage, he is married.” Rebbi Ḥaggai in the name of Rebbi Ze‘ira: Because it is not its proceeds. Rebbi Ḥanina said, this means that one cannot marry preliminary with [the proceeds of] robbery.

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

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

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

If both were Cohanim or brothers, both are forbidden. If there were three brothers; two of them contracted a preliminary marriage with her and then died. That is what Rebbi Ḥiyya stated: The wife of one deceased contracts levirate marriage but not the wife of two deceased men. If they were brothers, both contracted a preliminary marriage with her and then one of them died. Is she permitted to the second? As you take it, what he had acquired, he had acquired; the rest he inherits from his brother. Rebbi Jehudah ben Pazi said, she is forbidden to him. Rebbi Yose said, the reason of Rebbi Jehudah ben Pazi is that the aspect acquired in any sister-in-law who is not totally inside [the family] is considered to be under the incest prohibition and an incest prohibition frees the co-wife. Rebbi Ḥanina said, Rebbi Jehudah ben Pazi said it correctly. Does she not become his because of his brother? To his brother she was forbidden; to him she should be permitted?

Only if it be with his and her agreement. If it was symphōn in his opinion and preliminary marriage in her opinion, Rebbi Ḥanina said, it is symphōn, Rebbi Ḥaggai in the name of Rebbi Ze‘ira said, it is preliminary marriage. Rebbi Ḥanina was taking up arms against Rebbi Ḥaggai, when Rebbi Hila said to him, accept Ḥaggai, for Ḥaggai is a thinking man; this is what Rebbi Ze‘ira said. In the first Adar, Rebbi Hila died. In the second Adar, a case came before Rebbi Ḥananiah, the colleague of the rabbis, and he wanted to rule following Rebbi Ḥaggai. Rebbi Samuel bar Immi told him, Rebbi Hila was wrong when he told you, accept Ḥaggai, for Ḥaggai is a thinking man. Rebbi Ḥaggai said, a Mishnah supports him: “ ‘You married me preliminarily’, and he says, ‘I did not marry you preliminarily.’ He is permitted her relatives but she is forbidden his relatives.” Rebbi Borqai asked before Rebbi Mana: Is it the same with symphōn? He answered, a symphōn is not doubtful but the rules are identical for symphōn and preliminary marriage.

Only if it be with his and her agreement. If it was symphōn in his opinion and preliminary marriage in her opinion, Rebbi Ḥanina said, it is symphōn, Rebbi Ḥaggai in the name of Rebbi Ze‘ira said, it is preliminary marriage. Rebbi Ḥanina was taking up arms against Rebbi Ḥaggai, when Rebbi Hila said to him, accept Ḥaggai, for Ḥaggai is a thinking man; this is what Rebbi Ze‘ira said. In the first Adar, Rebbi Hila died. In the second Adar, a case came before Rebbi Ḥananiah, the colleague of the rabbis, and he wanted to rule following Rebbi Ḥaggai. Rebbi Samuel bar Immi told him, Rebbi Hila was wrong when he told you, accept Ḥaggai, for Ḥaggai is a thinking man. Rebbi Ḥaggai said, a Mishnah supports him: “ ‘You married me preliminarily’, and he says, ‘I did not marry you preliminarily.’ He is permitted her relatives but she is forbidden his relatives.” Rebbi Borqai asked before Rebbi Mana: Is it the same with symphōn? He answered, a symphōn is not doubtful but the rules are identical for symphōn and preliminary marriage.

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

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

Rebbi Jacob bar Aḥa presented traditions: Of Rebbi Ḥanina and Rebbi Joshua ben Levi, one declares permissible and the other admits. He who declares permissible admits. But he who admits does not declare admissible. Rebbi Yose ben Rebbi Abun in the name of Rebbi Naḥman: Babylonia, as far as family pedigree is concerned, extends up to the yzq canal. Rebbi Yose ben Rebbi Abun said, of Rav and Samuel, one said up to the yzq canal, the other said up to the Wani canal. Rav Jehudah said, between the rivers is like Nahardea as far as family pedigree is concerned. Rebbi Ḥanina ben Beroqa in the name of Rav Jehudah: The people of Moesia are questionable only because of doubts of desecrated women. The Cohanim amongst them did not care about divorcees. There they said, Moesia is dead, Media sick, Elam and gbby dying. The maritime district is the purple-blue of Babylonia. Šny’,gbby’,and ṣrry are purple-blue of the maritime district.

Rebbi Jacob bar Aḥa presented traditions: Of Rebbi Ḥanina and Rebbi Joshua ben Levi, one declares permissible and the other admits. He who declares permissible admits. But he who admits does not declare admissible. Rebbi Yose ben Rebbi Abun in the name of Rebbi Naḥman: Babylonia, as far as family pedigree is concerned, extends up to the yzq canal. Rebbi Yose ben Rebbi Abun said, of Rav and Samuel, one said up to the yzq canal, the other said up to the Wani canal. Rav Jehudah said, between the rivers is like Nahardea as far as family pedigree is concerned. Rebbi Ḥanina ben Beroqa in the name of Rav Jehudah: The people of Moesia are questionable only because of doubts of desecrated women. The Cohanim amongst them did not care about divorcees. There they said, Moesia is dead, Media sick, Elam and gbby dying. The maritime district is the purple-blue of Babylonia. Šny’,gbby’,and ṣrry are purple-blue of the maritime district.

They asked Rebbi Eliezer, what is the status of the eleventh generation of a bastard? He said to them, bring to me a third generation and I shall declare him pure, for he would not live. Rebbi Eliezer parallels Rebbi Ḥanina? As Rebbi Ḥanina said, once every sixty to seventy years the Holy One, praise to Him, brings a plague into the world to eliminate the bastards and he takes the qualified ones with them in order not to publicize the sinners. This parallels what Rebbi Levi said in the name of Rebbi Simeon ben Laqish: “In the place where the ascent offering has its throat cut before the Eternal, the purification sacrifice has its throat cut,” in order not to publicize the sinners. “Also He is wise and brings evil;” could one better understand “also He is wise and brings good”? But to teach you that even the evil that the Holy One, praise to Him, brings to the world, He brings in wisdom. “His word He did not remove, He overcomes the house of evildoers and accomplices of workers of iniquity.” Rav Huna said, no bastard lives more than thirty days. When Rebbi Ze‘ira immigrated here, he heard voices call “he-bastard, she-bastard”. He said, what is this? There goes that of Rav Huna, since Rav Huna said, no bastard lives more than thirty days. Rebbi Jacob bar Aḥa said to him, I was with you when Rebbi Abba, Rav Huna said in the name of Rav: No bastard lives more than thirty days, when? If it is unknown. Therefore, if it is known, he lives.

They asked Rebbi Eliezer, what is the status of the eleventh generation of a bastard? He said to them, bring to me a third generation and I shall declare him pure, for he would not live. Rebbi Eliezer parallels Rebbi Ḥanina? As Rebbi Ḥanina said, once every sixty to seventy years the Holy One, praise to Him, brings a plague into the world to eliminate the bastards and he takes the qualified ones with them in order not to publicize the sinners. This parallels what Rebbi Levi said in the name of Rebbi Simeon ben Laqish: “In the place where the ascent offering has its throat cut before the Eternal, the purification sacrifice has its throat cut,” in order not to publicize the sinners. “Also He is wise and brings evil;” could one better understand “also He is wise and brings good”? But to teach you that even the evil that the Holy One, praise to Him, brings to the world, He brings in wisdom. “His word He did not remove, He overcomes the house of evildoers and accomplices of workers of iniquity.” Rav Huna said, no bastard lives more than thirty days. When Rebbi Ze‘ira immigrated here, he heard voices call “he-bastard, she-bastard”. He said, what is this? There goes that of Rav Huna, since Rav Huna said, no bastard lives more than thirty days. Rebbi Jacob bar Aḥa said to him, I was with you when Rebbi Abba, Rav Huna said in the name of Rav: No bastard lives more than thirty days, when? If it is unknown. Therefore, if it is known, he lives.

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

Rebbi Ḥanina said, the Mishnah does not follow Rebbi Jehudah, since Rebbi Jehudah said that four congregations are called “congregation”, the congregation of Cohanim, the congregation of Levites, the congregation of Israelites, the congregation of converts. They objected to Rebbi Jehudah, but is it not written, “one injured in his testicles or with amputated urethra should not come into the Eternal’s congregation”? That refers to bodily blemishes. But is it not written, “children that will be born to them in the third generation may enter the Eternal’s congregation”? That is a positive commandment. But the rabbis said, there are three congregations, the congregation of Cohanim, the congregation of Levites, the congregation of Israelites; “they shall not come, they shall not come, they shall not come.”

MISHNAH: One does not investigate from the altar and before, or from the podium and before. From every family whose ancestors were known as public officials and welfare administrators one marries into the priesthood; no investigation is necessary. Rebbi Yose says, also anybody signing as witness in the ancient archive of Sepphoris. Rebbi Ḥanina ben Antigonos says, also anyone who ever was registered in the king’s army.

New Paragraph. “If damage was caused the person responsible is obligated to pay for the damages,” etc. Rebbi Ḥanina said, “he who injures an animal has to pay for it,” he has to pay the diminution in value. Bar Pedaiah said, “if it was torn, he shall bring it up to the place of the carcass, for which he does not have to pay.” Rebbi Nasa said, the quote of Rebbi Ḥanina is needed and the quote of Bar Pedaiah is needed. If only the quote of Rebbi Ḥanina was given but not that of Bar Pedaiah, I would have said that if he made the damage possible he should not have to pay anything but for bodily damage he has to pay the diminution in value. Therefore, Bar Pedaiah’s quote is necessary. But if only the quote of Bar Pedaiah was given but not that of Rebbi Ḥanina, I would have said that if he made the damage possible he has to pay the diminution in value, but for bodily damage he has to pay the whole. Therefore, the quote of Rebbi Ḥanina is needed and the quote of Bar Pedaiah is needed.

New Paragraph. “If damage was caused the person responsible is obligated to pay for the damages,” etc. Rebbi Ḥanina said, “he who injures an animal has to pay for it,” he has to pay the diminution in value. Bar Pedaiah said, “if it was torn, he shall bring it up to the place of the carcass, for which he does not have to pay.” Rebbi Nasa said, the quote of Rebbi Ḥanina is needed and the quote of Bar Pedaiah is needed. If only the quote of Rebbi Ḥanina was given but not that of Bar Pedaiah, I would have said that if he made the damage possible he should not have to pay anything but for bodily damage he has to pay the diminution in value. Therefore, Bar Pedaiah’s quote is necessary. But if only the quote of Bar Pedaiah was given but not that of Rebbi Ḥanina, I would have said that if he made the damage possible he has to pay the diminution in value, but for bodily damage he has to pay the whole. Therefore, the quote of Rebbi Ḥanina is needed and the quote of Bar Pedaiah is needed.

New Paragraph. “If damage was caused the person responsible is obligated to pay for the damages,” etc. Rebbi Ḥanina said, “he who injures an animal has to pay for it,” he has to pay the diminution in value. Bar Pedaiah said, “if it was torn, he shall bring it up to the place of the carcass, for which he does not have to pay.” Rebbi Nasa said, the quote of Rebbi Ḥanina is needed and the quote of Bar Pedaiah is needed. If only the quote of Rebbi Ḥanina was given but not that of Bar Pedaiah, I would have said that if he made the damage possible he should not have to pay anything but for bodily damage he has to pay the diminution in value. Therefore, Bar Pedaiah’s quote is necessary. But if only the quote of Bar Pedaiah was given but not that of Rebbi Ḥanina, I would have said that if he made the damage possible he has to pay the diminution in value, but for bodily damage he has to pay the whole. Therefore, the quote of Rebbi Ḥanina is needed and the quote of Bar Pedaiah is needed.

New Paragraph. “If damage was caused the person responsible is obligated to pay for the damages,” etc. Rebbi Ḥanina said, “he who injures an animal has to pay for it,” he has to pay the diminution in value. Bar Pedaiah said, “if it was torn, he shall bring it up to the place of the carcass, for which he does not have to pay.” Rebbi Nasa said, the quote of Rebbi Ḥanina is needed and the quote of Bar Pedaiah is needed. If only the quote of Rebbi Ḥanina was given but not that of Bar Pedaiah, I would have said that if he made the damage possible he should not have to pay anything but for bodily damage he has to pay the diminution in value. Therefore, Bar Pedaiah’s quote is necessary. But if only the quote of Bar Pedaiah was given but not that of Rebbi Ḥanina, I would have said that if he made the damage possible he has to pay the diminution in value, but for bodily damage he has to pay the whole. Therefore, the quote of Rebbi Ḥanina is needed and the quote of Bar Pedaiah is needed.

New Paragraph. “If damage was caused the person responsible is obligated to pay for the damages,” etc. Rebbi Ḥanina said, “he who injures an animal has to pay for it,” he has to pay the diminution in value. Bar Pedaiah said, “if it was torn, he shall bring it up to the place of the carcass, for which he does not have to pay.” Rebbi Nasa said, the quote of Rebbi Ḥanina is needed and the quote of Bar Pedaiah is needed. If only the quote of Rebbi Ḥanina was given but not that of Bar Pedaiah, I would have said that if he made the damage possible he should not have to pay anything but for bodily damage he has to pay the diminution in value. Therefore, Bar Pedaiah’s quote is necessary. But if only the quote of Bar Pedaiah was given but not that of Rebbi Ḥanina, I would have said that if he made the damage possible he has to pay the diminution in value, but for bodily damage he has to pay the whole. Therefore, the quote of Rebbi Ḥanina is needed and the quote of Bar Pedaiah is needed.

HALAKHAH: “If somebody split [wood] in a private domain,” etc. Rebbi Yose ben Ḥanina said, if he was splitting wood in his courtyard when a worker entered to claim his wages, and a splinter ricocheted and damaged him, he is liable. If he died he does not go into exile. But did not Rebbi Ḥiyya state, “he is not liable”? They do not disagree. What Rebbi Yose said, if he had seen him, but what Rebbi Ḥiyya said, if he had not seen him. If he had not seen him, once he said to him: enter, {should he not be liable? But did not Rebbi Ḥiyya state, “he is not liable”? Since he told him: enter, he has to take precautions. Some want to say, since he told him to enter it} becomes like the courtyard of partners, about which Rebbi Joḥanan said in the name of Rebbi Yannai: Partners acquire from one another in a courtyard and are mutually liable for damages. But did not Rav say: If he filled the entire public domain? And did this fill the entire public domain? They said, since he walks in the entire courtyard, it is as if he had filled the entire courtyard.

HALAKHAH: “A bull which is notorious for its kind,” etc. After it killed one human, is it not notorious? Rav said, if it killed three Gentiles. Rebbi Yose ben Ḥanina said, if it pursued three times and it was estimated that every pursuit was for goring.

HALAKHAH: “The bull of an Israel which gored a bull of a non-Jew,” etc. Rav said, “He saw and permitted Gentiles,” He permitted the Gentiles’ money. Ḥizqiah said, “He appeared from Mont Paran,” He appeared in front of the Gentiles; Rebbi Yose ben Ḥanina said, He made them poor. Rebbi Abbahu in the name of Rebbi Joḥanan said, following their laws. Rebbi La said, this was not said referring to this topic, but to what Rebbi Ḥiyya stated: If a Gentile’s bull gored another Gentile’s bull, even though they accepted to be judged by the laws of Israel, he is liable for full damages whether tame or notorious. On that it was said that Rebbi Abbahu said in the name of Rebbi Joḥanan, following their laws.

Rebbi Joḥanan said, as a matter of principle one does not appoint guardians for orphans to their detriment, but 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 nor 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.

Rebbi Joḥanan said, as a matter of principle one does not appoint guardians for orphans to their detriment, but 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 nor 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 a bull of orphans and guardians went out and did damage, what is the rule? Rebbi Joḥanan said, [the damage is paid] from the orphan’s property. For if you say from the guardians’, nobody ever will agree to become a guardian. Rebbi Yose ben Ḥanina said, from the guardians’. Rebbi Yose ben Ḥanina follows Abba Shaul and Rebbi Joḥanan the rabbis, as it was stated there: “A guardian appointed by the orphans’ father shall be made to swear; if he was appointed by the court he shall not be made to swear,” for the court will check him out. “Abba Shaul says, it is the other way around,” a guardian appointed by the orphans’ father shall not be made to swear; it would be as if he would take a pledge from him. If he was appointed by the court he shall be made to swear, since a person will do much to be called trustworthy.

If a bull of orphans and guardians went out and did damage, what is the rule? Rebbi Joḥanan said, [the damage is paid] from the orphan’s property. For if you say from the guardians’, nobody ever will agree to become a guardian. Rebbi Yose ben Ḥanina said, from the guardians’. Rebbi Yose ben Ḥanina follows Abba Shaul and Rebbi Joḥanan the rabbis, as it was stated there: “A guardian appointed by the orphans’ father shall be made to swear; if he was appointed by the court he shall not be made to swear,” for the court will check him out. “Abba Shaul says, it is the other way around,” a guardian appointed by the orphans’ father shall not be made to swear; it would be as if he would take a pledge from him. If he was appointed by the court he shall be made to swear, since a person will do much to be called trustworthy.

“If it entered in due course, he pays for what it damaged.” Rebbi Yose ben Rebbi Ḥanina said, on that field itself he is not liable, but for another field he is liable. Rebbi Joḥanan and Rebbi Simeon ben Laqish both said, even if it grazed on that entire field he is not liable; he only is liable if it left the field for the public domain and from the public domain entered another field. But what is the rule if it fell into a garden and then entered another garden? In the opinion of Rebbi Yose ben Rebbi Ḥanina who said, on that field itself he is not liable, here he will be liable. In the opinion of Rebbi Joḥanan and Rebbi Simeon ben Laqish who both said, even if it grazed on that entire field he is not liable; he only is liable if it left the field for the public domain and from the public domain entered another field. But if it fell into a place which it could have entered, or it entered a place into which it could have fallen? Rebbi Yose bar Ḥanina said, that is the Mishnah; it fell into a place into which it only could have fallen. But if it fell into a place which it could have entered? Each case is problematic for one of them. One needs the first case, that he pays what it profited; the other needs the other case, that he pays what it damaged.

“If it entered in due course, he pays for what it damaged.” Rebbi Yose ben Rebbi Ḥanina said, on that field itself he is not liable, but for another field he is liable. Rebbi Joḥanan and Rebbi Simeon ben Laqish both said, even if it grazed on that entire field he is not liable; he only is liable if it left the field for the public domain and from the public domain entered another field. But what is the rule if it fell into a garden and then entered another garden? In the opinion of Rebbi Yose ben Rebbi Ḥanina who said, on that field itself he is not liable, here he will be liable. In the opinion of Rebbi Joḥanan and Rebbi Simeon ben Laqish who both said, even if it grazed on that entire field he is not liable; he only is liable if it left the field for the public domain and from the public domain entered another field. But if it fell into a place which it could have entered, or it entered a place into which it could have fallen? Rebbi Yose bar Ḥanina said, that is the Mishnah; it fell into a place into which it only could have fallen. But if it fell into a place which it could have entered? Each case is problematic for one of them. One needs the first case, that he pays what it profited; the other needs the other case, that he pays what it damaged.

“If it entered in due course, he pays for what it damaged.” Rebbi Yose ben Rebbi Ḥanina said, on that field itself he is not liable, but for another field he is liable. Rebbi Joḥanan and Rebbi Simeon ben Laqish both said, even if it grazed on that entire field he is not liable; he only is liable if it left the field for the public domain and from the public domain entered another field. But what is the rule if it fell into a garden and then entered another garden? In the opinion of Rebbi Yose ben Rebbi Ḥanina who said, on that field itself he is not liable, here he will be liable. In the opinion of Rebbi Joḥanan and Rebbi Simeon ben Laqish who both said, even if it grazed on that entire field he is not liable; he only is liable if it left the field for the public domain and from the public domain entered another field. But if it fell into a place which it could have entered, or it entered a place into which it could have fallen? Rebbi Yose bar Ḥanina said, that is the Mishnah; it fell into a place into which it only could have fallen. But if it fell into a place which it could have entered? Each case is problematic for one of them. One needs the first case, that he pays what it profited; the other needs the other case, that he pays what it damaged.

It was stated: “One does not estimate a bet kor because it would diminish, nor a bet qab because it would inflate. But one estimates a bet se’ah of the field in question, how much it was worth and how much is it worth now. Rebbi Jehudah said, when? If it ate shoots of the fig tree or plucked shoots of vines. But if it ate unripe grapes or unripe figs, one estimates them as fully grown fruits. Rebbi Jehudah said in the name of Rebbi Aqiba: If it ate fully grown produce, he pays for fully grown produce, [fruits of] trees, one estimates trees for him. Trees one estimates by the bet se’ah. Rebbi Simeon ben Jehudah said in the name of Rebbi Aqiba: Produce not yet one-third ripe is estimated under the rules of trees.” In the House of Rebbi Yannai they said, one estimates a three-qab in sixty three-qabs. Rebbi Yose ben Rebbi Ḥanina said, one estimates a stalk in sixty stalks.

“A person should not raise a dog unless it is tied by a chain.” Rebbi Yose ben Rebbi Ḥanina said: About anybody who raises a biting dog the verse says: “He who refuses kindness to his neighbor,” etc.

HALAKHAH: “He who hits another pays him a tetradrachma.” “Rebbi Aqiba said, even the poorest in Israel,” etc. Rav Qarni stated: For a kick, one. For an elbow, three. For sqlvnqyt fifteen. Somebody said in the name of Rebbi Simeon ben Laqish: He who puts an Elder to shame has fully to pay for his shame. A person insulted Rebbi Jehudah ben Ḥanina. The case came before Rebbi Simeon ben Laqish who fined him a pound of gold.

HALAKHAH: “If he robbed a coin and it was split,” etc. Rav Huna said, if the government invalidated it. Samuel said, if really it was split. Rebbi Jehudah ben Pazi in the name of Rebbi Yose ben Ḥanina: Only if they rotted because of maggots but if they rotted because of worms they are like healthy ones. Rav Huna said, if the government invalidated it, but if the country invalidated it, he may say to him: Here is your property before you. Samuel said, even if the government invalidated it, he may say to him: Here is your property before you.

HALAKHAH: “If somebody says to his son: A qônām that you cannot enjoy anything from me,” etc. Rebbi Jeremiah said, look what we did state here: “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, he cannot inherit.” Did we not state, ‘during my lifetime’, he inherits; ‘after my death’, he inherits, ‘during my lifetime and after my death’, he cannot inherit? 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 shall not enter this house during my lifetime and after my death’, since he said “this house”, he forbade it on himself during lifetime and after death. Rebbi Yose said, we have stated in Neziqin what we did not state in Nedarim: ‘A qônām that I cannot enjoy these my properties during my lifetime and after my death,’ from the moment he said “these” he forbade them to himself during his lifetime and after his death.

HALAKHAH: “One who robbed from a proselyte,” etc. Ḥilfai and Rebbi Yose bar Ḥanina said, this is Rebbi Yose the Galilean’s, as Rebbi Yose the Galiean explained: Of what does the verse speak? About one who robbed from a proselyte, swore to him, who then died, that he would pay the capital and the fifth to the priests and the reparation offering to the altar. “If the man have no relative,” he who needs atonement is obligated; this excludes the one who does not need atonement. Rebbi Aqiba explained when he came from Zephyrium: About one who robbed from a proselyte, swore to him, who then died, that he would pay the capital and the fifth to the priests and the reparation offering to the altar, as it is said: “If the man have no relative,” etc. The only person in Israel who has no relative is the proselyte. Rav and Rebbi Simeon ben Laqish said, it is Rebbi Aqiba’s who said that the wrongly acquired property has to be returned in any case.

The following implies the same. Rebbi Ḥanina reports the following case: The elder rabbis bought a heap of wheat from the household of the general and found in it a bundle of denars. They returned it to them. They said, praised be the God of the Jews.

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

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

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

HALAKHAH: “Just as there is cheating in trade,” etc. “One may not put on make-up.” Rebbi Eudaimon the salt dealer was mollifying his spread. Jacob bar Aḥa said to him, did we not state: “one may not put on make up”? His word implies that there is make-up on food. Rebbi Ze‘ira was working with flax. He went to Rebbi Abbahu and asked him, may I make my work look good? He told him, go and apply all you know. Rebbi Abbahu was working on those shawls. He came to ask Rebbi Yose ben Ḥanina, how am I with those shawls? He told him, go and apply all you know. Rebbi Abba painted a bathtub. Rebbi Jacob from Emmaus stated: What means: “one may not put on make up”? One may not say to him, paint yourself.

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

“It was stated, Rebbi Simeon ben Eleazar says, if it happened on the road, he does not have to provide him with another donkey; if it did not happen on the road, he has to provide him with another donkey.” Rebbi Abbahu said in the name of Rebbi Yose ben Ḥanina: At a short-cut he does not have to provide him with another donkey; on the king’s highway he has to provide him with another donkey. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: If he hired it from here to Lydda and it was taken into government service from here to Lydda, he does not have to provide him with another donkey; from here to Lydda and it was taken into government service from here to Tyre, he has to provide him with another donkey.

“It was stated, Rebbi Simeon ben Eleazar says, if it happened on the road, he does not have to provide him with another donkey; if it did not happen on the road, he has to provide him with another donkey.” Rebbi Abbahu said in the name of Rebbi Yose ben Ḥanina: At a short-cut he does not have to provide him with another donkey; on the king’s highway he has to provide him with another donkey. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: If he hired it from here to Lydda and it was taken into government service from here to Lydda, he does not have to provide him with another donkey; from here to Lydda and it was taken into government service from here to Tyre, he has to provide him with another donkey.

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

HALAKHAH: “One who transports an amphora from place to place,” etc. It was stated: Rebbi Nehemiah the potter gave his pots to a person who broke them. He confiscated his coat. He went to Rebbi Yose ben Ḥanina, who told him, go and tell him: “That you should go in the ways of good people.” He went and told him who then returned his coat. He asked him, did he pay your wages? He said, no. He told him, go and tell him: “And to the paths of the just you shall keep.” He went and told him who then paid his wages.

Rav Huna said, if it swept them away in their earth. Rebbi Yose ben Ḥanina said, the years of ‘orlah are their dispute.

HALAKHAH: “One who contracts with another for a field,” etc. “One who contracts with another for a field,” etc. How much is “enough to make a pile”? Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: that the winnowing shovel can stand upright in it. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: only that its handle be on top. Rebbi Joshua ben Levi said: in addition to his expenses. Rebbi Yose ben Ḥanina said: in addition to the expenses of both of them. Rebbi Abbahu said: “for spreading”, to recover the seed grain which was spread on it.

HALAKHAH: “One who contracts with another for a field,” etc. “One who contracts with another for a field,” etc. How much is “enough to make a pile”? Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: that the winnowing shovel can stand upright in it. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: only that its handle be on top. Rebbi Joshua ben Levi said: in addition to his expenses. Rebbi Yose ben Ḥanina said: in addition to the expenses of both of them. Rebbi Abbahu said: “for spreading”, to recover the seed grain which was spread on it.

“In his time the hireling swears and takes.” Rebbi Simeon ben Laqish said, if he said: I paid. But if he said, I shall pay tomorrow: if then he said, I paid, he cannot be believed. Rebbi Yose ben Ḥanina said, even the next day, if he said, I paid, he is believed.

“Rebbi Yose says, the lower one contributes the roofing and the upper one the roof covering,” etc. Rebbi Justus in the name of Rebbi Simeon ben Laqish:: The bottom dweller contributes the logs and the planks; the dweller on the upper floor contributes the roof covering. Which kind of roof covering? Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar: heavy roof covering. Rebbi Abbahu in the name of Rebbi Eleazar: medium roof covering, since they only spoke about rinsing cups. But if he wanted to wash clothing, also Rebbi Abbahu in the name of Rebbi Eleazar will agree that the roof covering has to be heavy. Rebbi Ḥanina instructed those of Sepphoris that both of them should contribute the logs and the plates since they expect to bring up there their wine and their produce.

It was stated: About his neighbor he may change his mind. Once he accepted it he can no longer change his mind. Rabban Simeon ben Gamliel says, even after he accepted it, he can change his mind, for he can tell him, they come and go here, they are looking for you and do not find you, and they increase traffic here. Rebbi Ḥanina and Rebbi Mana, one said, what is “his neighbor”? He let him live in his house. Once he accepted it he can no longer change his mind. Rav Huna said, one said, what is “his neighbor”? He opened a store for him. Once he accepted it he can no longer change his mind. Rabban Simeon ben Gamliel parallels Rebbi Meïr, as we have stated there: “For all of these says Rebbi Meїr that, even if he contracted with her, she can say ‘I thought that I could stand it, now I cannot.’ ”

HALAKHAH: “One distances a soaking pond,” etc. It was stated: One distances an onion bed from leeks, but Rebbi Eleazar ben Rebbi Simeon permits it. Rebbi Jacob ben Dosai said, from these teachings [it follows] that mutually they have to distance themselves one from the other. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: Because the bees’ mouth becomes sharp and they destroy the honey.

Rebbi Ḥanina brought Rebbi Jonathan to his garden and served him figs. When he left, he saw one tree of white benot ševa‘. He asked him, why did you not let me eat from these? He told him, they are my son’s. Rebbi Ḥanina was afraid of robbing his son.

Rebbi Ḥanina brought Rebbi Jonathan to his garden and served him figs. When he left, he saw one tree of white benot ševa‘. He asked him, why did you not let me eat from these? He told him, they are my son’s. Rebbi Ḥanina was afraid of robbing his son.

Rebbi Ḥanina said, the years of ‘orlah are in dispute between them.

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

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

Rebbi Eleazar said, they said this only for a courtyard. But for roofs even higher than four cubits he may prevent him. [Rebbi Isaac said this before Rebbi Ḥanina, Rebbi Ḥanina said this before Rebbi Phineas bar Ḥama: They said this only for a courtyard, but for roofs even higher than four cubits he may prevent him.] Rebbi Hoshaia heard this and was offended. He said, I formulated this teaching but you did not say it in my name: They said this only for a courtyard, but for roofs even higher than four cubits he may prevent him.

Rebbi Eleazar said, they said this only for a courtyard. But for roofs even higher than four cubits he may prevent him. [Rebbi Isaac said this before Rebbi Ḥanina, Rebbi Ḥanina said this before Rebbi Phineas bar Ḥama: They said this only for a courtyard, but for roofs even higher than four cubits he may prevent him.] Rebbi Hoshaia heard this and was offended. He said, I formulated this teaching but you did not say it in my name: They said this only for a courtyard, but for roofs even higher than four cubits he may prevent him.

Rebbi Samuel in the name of Rebbi Jonathan: If one wants to build a new village, one gives him four roads to the four directions of the compass. Rebbi Ḥanina asked before Rebbi Mana, how? From four cubits to eight or from eight to sixteen? He told him, from eight to sixteen so that one truck may leave and the other come.

Rav Hamnuna the scribe asked Rebbi Ḥanina: One verse says, “its height thirty cubits,” and another verse says, “its height twenty cubits.” He had never heard this and they could not answer him anything. He asked Rebbi Jeremiah, who told him, from the ground up thirty cubits, from the inner room up twenty cubits. Rebbi Abbahu said, destroy the inner room! The inner room was standing from the ground to the beams, as it is written, “covered with cedar from the ground to the beams.” But from the ground up thirty cubits, from the Cherub up twenty cubits. Rebbi Tanḥuma said, it is an aggadic tradition that the space in the inner room not be counted. Rebbi Levi said, the space occupied by the Ark is not counted. Rebbi Levi said, and it was stated in the name of Rebbi Jehudah ben Rebbi Illai, the Ark stands in the middle and divides the room, ten cubits in every direction of the compass.

Rebbi Ḥanina and Rebbi Mana. One said, only if at the end there be sustenance for twelve months. But the other said, even from the start. If there was not sustenance for all of them for twelve months but they increased it so that how there is sustenance for all of them for twelve months? Rebbi Immi the Babylonian said, let us hear from the following: If the heirs sold, they sold from their own property. So much more, if they increased it, they should be able to divide it. If there was sustenance for all of them for twelve months and a widow to support, may the sons say to the daughters: you have sustenance only for twelve months? Rebbi Eudaimon said, let us hear from the following: “If the orphans said, we accept the properties of our father for the value of an extra denar, one does not listen to them.” Rav Ḥisda asked: if there was sustenance for all of them for twelve months and a widow to support, may the sons say to the daughters: you have sustenance only for twelve months? But this means, only if there was sustenance for all of them for twelve months, except for ketubah of the wife, except for the sustenance of the widow, except for the dowries of the daughters, except for loans by document, except for loans by witnesses, except for her burial. The widow and the daughters are of equal rank. The widow and the sons are of equal rank. The widow does not push the daughters aside and the daughters do not push the widow aside. Sometimes the widow pushes the daughters out by means of the sons. Just as the widow pushes out the daughters by means of the sons, should the widow not push out the sons? She might claim her ketubah and lose her right to sustenance.

Rebbi Ḥanina said, if somebody definitively married off his son in a house, the latter acquired it. Rebbi Hoshaia stated, the house but not the movables. Rebbi La divided the dining hall between himself and his son. Rebbi Ḥaggai asked Rebbi Yose: If the ceremony was in the bedroom but the wedding party was in the dining room, what is the rule? He told him, one does not see him leaving.

Rebbi Simeon ben Ioḥai stated: You shall sanctify the Fiftieth Year. You shall sanctify years but not months. But did we not state: “The president of the court says: sanctified”? What means sanctified? Confirmed. It was stated: For sanctifying months one starts with the most senior person. Rebbi Ḥiyya bar Ada said, the Mishnah says this: “The president of the court says: sanctified.” It was stated, for intercalation of the (month) [year] one starts from the side. Rebbi Zebida said, but this lower house do not proceed in this way, for they did not hear what Rebbi Ḥiyya bar Marius and Rebbi Jonah, Rebbi Abba bar Ḥiyya said in the name of Rebbi Joḥanan: For lengthening the month one starts with the most senior person, for intercalating the year one starts from the side. When Rebbi Joḥanan was participating as the most junior person, they told him, say: “this year is sanctified in its intercalation.” He said, “this year is sanctified in intercalation.” Rebbi Jonathan said, look at the language which the smith’s son taught us. If he had said, “in its intercalation,” I would have said that this refers to the eleven days by which the solar year exceeds the lunar one, but [he said] “in intercalation”, that the Sages added thirty days to it. Rebbi Jacob bar Aḥa, Rebbi Yasa in the name of Rebbi Joḥanan: For intercalation one follows the date of ordination. In the Academy one follows usage; each one gives his opinion at his place and sums up. For example, Rebbi Ḥanina started, Rebbi Joḥanan and Rebbi Simeon ben Laqisch summed up. Rebbi Abba bar Zavda started, Rebbi Yasa and Rebbi Immi summed up. Rebbi Ḥaggai started, Rebbi Jonah and Rebbi Yose summed up. Rebbi Cahana was ordained before Rebbi Jacob bar Aḥa, but Rebbi Jacob bar Aḥa participated in intercalation before Rebbi Cahana was invited. He said, the person who formulated the tradition does not respect it for himself.

Rebbi Eleazar in the name of Rebbi Ḥanina. It happened that 24 people appointed by the House of Rebbi entered to intercalate the year at Lydda when an evil eye entered with them and they all died at the same time. From that time on they removed it from Judea and established it in Galilee. They also wanted to remove the signal. Rebbi Simon told them, do we not even want to leave a remembrance in Judea? But we find that they intercalated the year at Baˋalat. This Baˋalat is sometimes [mentioned as being] in Judea, sometimes in Dan. Elteqe, and Gibbeton, and Baˋalat are from Judea. Baˋalah, and Iyyim, and Asem are from Dan, and we find that they intercalated the year at Baˋalat. Let us say that the houses were in Judea and the fields in Dan. Rebbi Jeremiah asked before Rebbi Zeˋira: Is Lydda not in Judea? He answered, yes. Then why does one not intercalate there? He told him, because they are coarse of spirit and have little learning. He turned his face and saw Rebbi Aḥa and Rebbi Judah ben Pazi. He said to him, presently you made me insult rabbis.

“One intercalates a year only in Judea, but if it was intercalated in Galilee it is validly intercalated. Ḥanina from Ono testified that, if it cannot be intercalated in Judea, one intercalates in Galilee.” One does not intercalate a year outside the Land; if it was intercalated, it is not validly intercalated. Look at it, one does not intercalate in Galilee; could one intercalate outside the Land? One does not intercalate in Galilee; but if it was intercalated it is validly intercalated. One does not intercalate outside the Land; if it was intercalated it is not intercalated if it was possible to intercalate in the Land of Israel; but if one cannot intercalate in the Land of Israel, one intercalates it outside the Land.

It was stated: “Temple dedications by three [appraisers].” That is, if one dedicated the body of a field. But if he said, I am vowing a mina for the Temple, let us hear from the following: “Appraisal of movables by three [appraisers].” Do there exist appraisals not of movables? Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Ḥanina: If somebody says, I am vowing my appraisal, and comes to settle his debt by real estate, one appraises it by ten [people], by movables by three. Is one who says, I am vowing my appraisal not like one who says, I am vowing my field’s value? But if he said, I am vowing a mina for the Temple, one appraises him by three [people]. Should he become rich, he will be judged by what he can afford.

HALAKHAH: “The High Priest judges and one judges him,” etc. One understands that he judges. Why does one judge him? Can he not appoint a plenipotentiary? Think of it, if an oath should be imposed on him, may a plenipotentiary take the oath? His monetary suits are heard by how many? By 23, as we understand from the following: “The king may not sit in the Synhedrion, neither king nor High Priest may participate in intercalations.” Rebbi Ḥanina and Rabbi Mana, one said the king does not sit in the Synhedrion because of suspicion; he cannot participate in intercalations because of suspicion. Neither king nor High Priest may participate in intercalations since it is not to the king’s honor to sit with seven, so much less with three. This implies that his monetary suits are heard by 23.

Rebbi Eleazar said, if a High Priest sinned, one whips him but does not remove him from his elevated status. Rebbi Mana said, it is written: For the crown of his God’s ointment is on him, I am the Eternal; if one could compare it, just as I am in My Sanctity, so Aaron is in his sanctity. Rebbi Ḥanina the scribe, Rebbi Aḥa in the name of Rebbi Simeon ben Laqish: if a High Priest sinned, one whips him. If you would say by 23, his elevation would be his degradation. And Rebbi Simeon ben Laqish said, if a patriarch sinned, one whips him by a court of three [judges]. Does one return him? Rebbi Haggai said, by Moses, if one would return him, he would kill them. Rebbi Jehudah the Prince heard this and became angry. He sent Goths to catch Rebbi Simeon ben Laqish. They beat him. He fled to Magdala, some say to Kefar Ḥiṭṭim. The next day, Rebbi Joḥanan went to the assembly hall, when Rebbi Jehudah the Prince also went to the assembly hall. He said to him, why is the master not telling us words of instruction? He started clapping with one hand. He asked, does one clap with one? He answered him, no, but without ben Laqish there is nothing. He told him, I shall free him. He said to him, in Magdala. He told him, tomorrow I and you will go out to meet him. Rebbi Joḥanan sent to Rebbi Simeon ben Laqish, prepare for yourself some words of instruction since the Patriarch will go out to meet you. He went out to meet them and said, your example is similar to that of your Creator. For when the Merciful went to liberate Israel [from Egypt], He sent neither messenger nor angel but He went Himself, as is written: I shall pass through the Land of Egypt, He and all His Court. He asked him, why did you say these things? He told him, what are you thinking? That for fear of you I would refrain from the teachings of the Merciful? As Rebbi Samuel ben Rav Isaac said, No my sons, because the reputation is not good.

Rebbi Eleazar in the name of Cahana: On top, high starting with the seam, below, low starting with the seam. Rebbi Joḥanan said, really low. Rebbi Joḥanan was going up the mountain to visit Rebbi Ḥanina; on the road he heard that he had died. He sent, brought his good Sabbath garment, and tore it. Rebbi Joḥanan disagrees with Rebbi Jehudah in two things, but Rebbi Eleazar in the name of Cahana follows Rebbi Jehudah. If following Rebbi Jehudah, he should not tear at all! This refers only to his father or mother, following Rebbi Meïr, as it was stated: One tears the seam for nobody who died except for father and mother, the words of Rebbi Meïr. Rebbi Jehudah says, any tear which does not completely sever the seam is a frivolous tear. How is that? It is a stringency for the High Priest that he shall sever the seam completely.

Rebbi Abbahu in the name of Rebbi Eleazar: “Deep sorrow” is only for the dead, for it is written: Its gates are in deep sorrow and mourning. Ḥiyya bar Ada objected: Is it not written: the fishermen are in deep sorrow? Rebbi Ḥanina said, so is the baraita: there is no deep sorrow in impurity except for the dead. It was stated: “What is deep sorrow? From the moment of death until the moment of burial, the word of Rebbi. But the Sages say, the entire day.” It turns out that one describes leniencies and stringencies following Rebbi, leniencies and stringencies following the rabbis. What is the difference between them? If he died and was buried within the hour. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden only that hour. If he died and was buried after three days. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden up to three days. There came Rebbi Abbahu in the name of Rebbi Joḥanan, and Rav Ḥisda, both of whom said that Rebbi agrees with the Sages that he is forbidden only during the first day, as it was stated: Rebbi said, you know that deep mourning in the night is not biblical, since they said, “the deep mourner immerses himself and eats his Passover sacrifice in the evening.” But they said, deep mourning [during daytime] is biblical. Rebbi Yose ben Rebbi Abun in the name of Rebbi Huna: Explain it that he was buried close to sundown [and one cannot infer anything.]

It is stated: Rebbi Jehudah says, if they are all standing in one row, those who are standing because of honor are obligated, those because of mourning are exempt. When they descend for a eulogy, those who see inside are exempt, those who do not see inside are obligated. It would be what we stated: “If he consoles others, the people come in single file and the executive officer becomes a partition between himself and the people,” the first teaching. And what we stated: “the innermost are exempt and the outer ones obligated,” is the first teaching. Rebbi Ḥanina said: Originally, all families were standing still and the mourners passed between them. When competition increased in Sepphoris, Rebbi Yose ben Ḥalaphta instituted that the families should pass by and the mourners stand still. Rebbi Samuel Sofefta said: Matters returned to their original state.

no person in Israel was abasing himself before the Commandments more than David. Why was he abasing himself before the Commandments? Because people were looking at the Ark and dying, as it is written: He smote of the people of Bet Shemesh, etc. Rebbi Ḥanina and Rebbi Mana. One said, He smote among the people seventy men, that is the Synhedrion. And 50’000 men, for they were worth 50’000. The other said, He smote among the people seventy men, that is the Synhedrion. And 50’000 men from the people of the Land. It is written: A song of ascent of David. O Eternal, my heart was not haughty when Samuel anointed me; my eyes were not overbearing when I slew Goliath; and I did not decide on matters too great when I brought up the Ark; and wonderful for me, when He brought me back to my kingdom. But rather I prayed, and silenced my soul like a baby by its mother, like a baby my soul is for me. Like a baby delivered from his mother’s womb is my soul for me.

And silver and gold he shall not add excessively, and it is written: The king made silver in Jerusalem to be like stones. Were they not stolen? Rebbi Yose ben Ḥanina said, they were stones of ten cubits and eight cubits. Rebbi Simeon ben Laqish stated: In Solomon’s times, even weights were not of silver but of gold. Why? Silver was not valuable in Solomon’s times.

It is written: To amusement I said, be praised. The Holy One, praise to him, said to Solomon: What is this crown on your head? Descend from My throne! Rebbi Yose ben Ḥanina said, at that moment an angel came down looking like Solomon, removed him from his throne, and sat in his stead. He was going around in synagogues and houses of study, saying I am Ecclesiastes, I used to be king over Israel in Jerusalem. They were telling him, the king sits on his chair of honor and you say, I am Ecclesiastes? They hit him with a stick and brought a dish of split beans before him. At that moment, he said: that is my part. Some say, a staff. Others say, a rod. Others say, with his belt. Who had accused him? Rebbi Joshua ben Levi said, י in יַרְבֶּה accused him. Rebbi Simeon ben Ioḥai stated: The book Deuteronomy ascended, bowed down before the Holy One, praise to Him, and said to Him: Master of the Universe, You wrote in Your Torah that any disposition which is partially invalid is totally invalid, and now Solomon wants to uproot a י from me! The Holy One, praise to Him, said to it: Solomon and a thousand like him will disappear but nothing from you will disappear.

One may not see him when naked, nor when he is being barbered, nor when he is in his bath, because your eyes shall see the king in his beauty. Rebbi Ḥanina went to visit Rebbi Jehudah the Prince. He came to meet him dressed in sail-cloth. He told him, go and wear your lagin, because of your eyes shall see the king in his beauty. Rebbi Joḥanan went to visit Rebbi Jehudah the Prince. He came to meet him dressed in a linen gown. He told him, go and wear your woolen gown, because of the king in his beauty. When he left, he told him, bring עטעמה. He answered, send and get Menaḥem Ptolemy, for it is written: Graceful teaching is on her tongue. Leaving, he saw Rebbi Ḥanina bar Sisi splitting wood. He told him, Rebbi, that is not fitting for you. He answered, what can I do? I have nobody to serve me. He retorted, if you have nobody to serve you, you should not have accepted ordination.

One may not see him when naked, nor when he is being barbered, nor when he is in his bath, because your eyes shall see the king in his beauty. Rebbi Ḥanina went to visit Rebbi Jehudah the Prince. He came to meet him dressed in sail-cloth. He told him, go and wear your lagin, because of your eyes shall see the king in his beauty. Rebbi Joḥanan went to visit Rebbi Jehudah the Prince. He came to meet him dressed in a linen gown. He told him, go and wear your woolen gown, because of the king in his beauty. When he left, he told him, bring עטעמה. He answered, send and get Menaḥem Ptolemy, for it is written: Graceful teaching is on her tongue. Leaving, he saw Rebbi Ḥanina bar Sisi splitting wood. He told him, Rebbi, that is not fitting for you. He answered, what can I do? I have nobody to serve me. He retorted, if you have nobody to serve you, you should not have accepted ordination.

HALAKHAH: “Each of them disqualifies the other’s witnesses,” etc. Rebbi Simeon ben Laqish said, so is the Mishnah: “His witness,” but not his witnesses. But Rebbi Joḥanan said, even his witnesses, as it was stated: “One always adds judges until judgment is rendered, and the judges may change their opinions. After judgment is rendered they may no longer change their opinions.” Rebbi Joḥanan agrees, that if these were the only ones, he cannot disqualify them. Zeˋira said, he and a person from the street can team up to disqualify this testimony. Rebbi Ḥanina asked, does not one witness force an oath everywhere? Rebbi Zeˋira said, by disqualification one can only be disqualified by a court. A relative does not have to be disqualified by the court. Rava bar Binah said in the name of Rav: Three are like final judgment.

“If one was obligated to swear to another,” etc. Rebbi Ḥiyya bar Abba said, if he told him, let your father tell it to me, then I shall have no claim on you. But if he told him: Let you father tell it, then I shall accept it; he seeks a pretext to confess to him. Rebbi Yose ben Ḥanina said, even if he told him, let you father tell it to me, then I shall accept it. We never find that testimony be accepted from the mouth of a relative.

From where that the burden of proof is on the claimant? Rebbi Crispus in the name of Rebbi Ḥanina ben Gamliel: Shall present before you, shall present his proofs.

And the following. One does not listen to the witnesses unless they come together; Rebbi Nathan says, one listens to the first and when the second comes, one listens to what he has to say. Rebbi Jonathan was sitting and asking, maybe somebody is here who heard that practice follows Rebbi Nathan? Rebbi Yose bar Ḥanina told him, that is Rebbi Simeon ben Yaqim. He said, may he come up. When he came up, he asked him, did you hear that practice follows Rebbi Nathan? He answered, I heard that Rebbi Joshua ben Qorḥa agrees with Rebbi Nathan. He said, do we need this? He said, Rebbi Yose ben Ḥanina only intended to elevate Rebbi Simeon bar Yaqim because he was an important person.

And the following. One does not listen to the witnesses unless they come together; Rebbi Nathan says, one listens to the first and when the second comes, one listens to what he has to say. Rebbi Jonathan was sitting and asking, maybe somebody is here who heard that practice follows Rebbi Nathan? Rebbi Yose bar Ḥanina told him, that is Rebbi Simeon ben Yaqim. He said, may he come up. When he came up, he asked him, did you hear that practice follows Rebbi Nathan? He answered, I heard that Rebbi Joshua ben Qorḥa agrees with Rebbi Nathan. He said, do we need this? He said, Rebbi Yose ben Ḥanina only intended to elevate Rebbi Simeon bar Yaqim because he was an important person.

HALAKHAH: “Both civil suits,” etc. Rebbi Joḥanan said, to protect Israel’s money they said, “tell why you know that this person owes the other.” Rebbi Ḥiyya bar Abba asked before Rebbi Yasa: What does one do in practice? He answered, following Rebbi Joḥanan, as Rebbi Joḥanan said, to protect Israel’s money they said, “tell why you know that this person owes the other.” Ze‘ir bar Ḥinena in the name of Rebbi Ḥanina and Rav Jehudah, one said: You shall cross-examine, investigate, and inquire well. The other said, equity, equity you shall pursue. How is that? If you see that the verdict will be the truth, investigate it; otherwise, act in equity.

HALAKHAH: “In civil suits, one who argued for credit,” etc. Rebbi said, if they only miss saying, Mr. X, you are acquitted, or you are convicted; it does not apply to the discussion. Rebbi Yose ben Ḥanina said, it also applies to the discussion.

HALAKHAH: “In cases of money matters, purity, and impurity,” etc. Rebbi says, do not argue about a quarrel. It is written against the greatest, that one does not argue after the greatest, only prior to the greatest. Rebbi Yose ben Ḥanina said, do not argue about a quarrel. It is written before the greatest, that one does not argue prior to the greatest, only after the greatest. Rav said, do not argue, even after a hundred, the words of Rebbi Phineas.

“The Synhedrion was like a semicircular threshing floor,” etc. It is written: Do not bend your destitute’s proceeding in his trial. In his trial you do not bend; you may bend in the ox’s trial. Rebbi Abbahu in the name of Rebbi Joḥanan: But only in those rules which are different for civil and criminal suits. How many are these? We have stated nine; Rebbi Ḥiyya stated eleven. Which rules are the last two? The castrate and one who never had children is qualified to judge civil suits but not criminal suits. Rebbi Abbahu in the name of Rebbi Joḥanan: Also one who is less than twenty years of age or who does not have two pubic hairs is qualified to judge civil suits but not criminal suits. Rebbi Yose ben Ḥanina said thirteen. Which rules are the last two? One judges two civil suits on one day but one does not try two criminal suits on one day. Rebbi Abin said, even adulterer and adulteress.

Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: Anyone who is executed less cruelly than her father’s death is by burning. As long as she is with her father, with her father she is burned, with her father-in-law stoned. With her father she is desecrating, in fire she should be burned. Rebbi Eliezer says, with her father she is burned, with her father-in-law stoned. She by burning, her paramour not by burning. She by burning, her perjured witnesses not by burning. Similarly by burning, she and they by burning. Simnilarly by stoning, she and they by stoning. Similarly by strangulation, they by burning but he by strangulation.

Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: The rabbis explain that the inhabitants of a seduced city should have been included in the category of idolaters, by stoning. They were treated to a less painful way of execution; that should be by burning. It is not enough that you decree for them an easier death by burning, but should you have them judged by the easiest way, by strangulation? Rebbi Simeon explained: The false prophet should have been included in the category of idolaters, by burning. He was treated to a less painful way of execution, which should be by stoning. It is not enough that you decree for them an easier death by stoning, but you have him judged by the easiest way, by beheading.

But Rebbi Joḥanan himself had a problem: from where does one prove it? Rebbi Abbahu in the name of Rebbi Eleazar in the name of Rebbi Hoshaia: Two prohibitions and one extirpation, the prohibitions split the extirpation. For example, it should not be used to be rubbed on anybody’s skin and in its proportions you shall not imitate it, and it is written, a person who would compound similarly, or who would put it on a stranger, will be extirpated from his people, that is two prohibitions and one extirpation. The prohibitions split the extirpation. Also from the following: Samuel bar Abba asked before Rebbi Ze`ura, should not well-being sacrifices, being treated separately, split all sancta regarding impurity? He told him, it was necessary that they be treated separately, to eliminate sancta destined for the upkeep of the Temple [regarding larceny], lest one be liable for them because of mushiness, leftovers, and impurity. But is that not a Mishnah? “All sancta destined for the altar combine with one another with respect to liability for mushiness, leftovers, and impurity,” in contrast to sancta destined for the upkeep of the Temple. Since they do not combine, they do (not) split. Rebbi Ḥanina said, what he really questioned, should they not split but combine ?

HALAKHAH: “A man who had sexual relations with a male.” From where the warning for a person having sexual relations with a male? With a male you shall not sleep in women’s ways. From where extirpation? For anybody who would commit any of these abominations will be extirpated, etc. Punishment from where? A man who would sleep with a male in women’s ways, an abomination did both of them commit; they shall be put to death; their blood be on them. You learn their blood be on them from their blood be on them. That is for the active one. For the passive one from where? With a male you shall not sleep in women’s ways, read: to be slept with. So far following Rebbi Aqiba. Following Rebbi Ismael? There shall be no qadeš among the sons of Israel. From where extirpation for the passive homosexual following Rebbi Ismael? Rebbi Jeremiah in the name of Rebbi Abbahu. It says here qadeš and it says there, also a qadeš was in the land. You learn qadeš from qadeš and qadeš from abomination. Rebbi Ḥiyya bar Ada in the name of Rebbi Ḥanina: Abomination from abomination. Rebbi Yose ben Rebbi Abun said, a baraita states this: Both committed an abomination. Both are stoned, both are subject to warning, both by extirpation.

Rebbi Abun bar Ḥiyya asked of Rebbi Zeˋira: For what reason did Rebbi Ismael and Rebbi Aqiba disagree about a male and an animal but did not disagree about any incest prohibition? He told him, because for all incest prohibitions it is written blood relative, and about these it is not written blood relative. They objected: About the menstruating woman it is not written blood relative; did they disagree about her? Rebbi Jeremiah in the name of Rebbi Abbahu: For it is written approach, approach; it is as if all were here and there. Rebbi Ḥiyya bar Aba in the name of Rebbi Ḥanina: To the wife in the separation of her impurity you shall not come near to uncover her nakedness. Rebbi Yose ben Rebbi Abun said, “not to come near” is “not to uncover.”

HALAKHAH: “The deviant and rebellious son,” etc. Rebbi Zeˋira, Rebbi Abbahu, Rebbi Yose ben Ḥanina in the name of Rebbi Simeon ben Laqish. It is written: If a man would concoct against his neighbor to kill him slyly. When does he become a man? When he concocts. When is he done cooking? When his palm expands. A simile: If the seed is fully cooked inside, the pot becomes black on the outside. Rebbi Zeˋira said that Rebbi Shila bar Bina stated: If a man have a son, not that the son be a father. From the moment that he may come to a woman and make her pregnant, he is a potential father, not a son. But the Torah said, a son, not a father. It parallels what Rebbi Yasa said in the name of Rebbi Sabbatai: The entire period of a “deviant and rebellious son” is only six months.

There, we stated: “If she had compromised her ketubah, she shall not be able to collect without an oath.” It was stated “compromised”, not that she reduced [her ketubah]. How? If her ketubah was 200 but she claims a mina, she is paid without an oath. What is the difference between one who did compromise and one who claims less? Rebbi Ḥanina said, if she compromises there was a transaction between them; if she claims less there was no transaction between them.

HALAKHAH: “If somebody injures another person,” etc. So is the Mishnah: “Rebbi Neḥemiah declares him not [criminally] liable but the Sages declare him [criminally] liable 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 one is executed because of him? But even if he dies 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 did not estimate that he would die. If they did not estimate that he would die, that is what is written: If he gets up and walks outside on his cane, the attacker is exonerated. Therefore, if he does not get up, [the attacker] is [criminally] liable. But if they estimated that he would die? If they estimated that he would die, that is what is written: But he has to pay for his disability and the medical costs. Rebbi Hila 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? “But he got better and only afterwards deteriorated and died; he is [criminally] liable. Rebbi Neḥemiah declares him not liable since it is not unsubstantiated.” For him who said, it is an extraordinary decree of Scripture that he has to pay; if he paid, he paid. If he did not pay, does he have to pay? For him who said, 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? A baraita supports one and a baraita supports the other. A baraita supports Rebbi Yose bar Ḥanina: If they estimated that he would live but he died, from when does one count for him? From the moment he turns worse. This implies that the estimate was wrong. If you would say, it is an extraordinary decree of Scripture that he has to pay, he should pay from the first moment. A baraita supports Rebbi Simeon ben Laqish: If they estimated that he would die but he lived, from when does one count for 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.” That means, it is an extraordinary decree of Scripture that he has to pay. But if you say, it was an erroneous estimation, he has to pay until [the victim] dies.

HALAKHAH: “If somebody injures another person,” etc. So is the Mishnah: “Rebbi Neḥemiah declares him not [criminally] liable but the Sages declare him [criminally] liable 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 one is executed because of him? But even if he dies 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 did not estimate that he would die. If they did not estimate that he would die, that is what is written: If he gets up and walks outside on his cane, the attacker is exonerated. Therefore, if he does not get up, [the attacker] is [criminally] liable. But if they estimated that he would die? If they estimated that he would die, that is what is written: But he has to pay for his disability and the medical costs. Rebbi Hila 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? “But he got better and only afterwards deteriorated and died; he is [criminally] liable. Rebbi Neḥemiah declares him not liable since it is not unsubstantiated.” For him who said, it is an extraordinary decree of Scripture that he has to pay; if he paid, he paid. If he did not pay, does he have to pay? For him who said, 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? A baraita supports one and a baraita supports the other. A baraita supports Rebbi Yose bar Ḥanina: If they estimated that he would live but he died, from when does one count for him? From the moment he turns worse. This implies that the estimate was wrong. If you would say, it is an extraordinary decree of Scripture that he has to pay, he should pay from the first moment. A baraita supports Rebbi Simeon ben Laqish: If they estimated that he would die but he lived, from when does one count for 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.” That means, it is an extraordinary decree of Scripture that he has to pay. But if you say, it was an erroneous estimation, he has to pay until [the victim] dies.

Rav said, the Mishnah [deals with the case that the crime was committed] inside from the witnesses. Rebbi Yose ben Ḥanina said, when he could not receive warning.

HALAKHAH: “The following have no part in the World to Come,” etc. They added one who tears away the yoke, one who breaks the Covenant, and one who finds aspects in the Torah, to those who have no part in the World to Come. He who tears away the yoke is one who says the Torah is obligatory but I cannot stand it. He who breaks the Covenant is one who pulls himself a prepuce. He who finds aspects in the Torah is one who says that the Torah was not given from Heaven. But did we not state separately: “He who says that the Torah is not from Heaven?” Rebbi Ḥanina Entanaya stated before Rebbi Mana: This is one who publicly transgresses the words of the Torah in the manner of Joiakim ben Josia, king of Judah, and his circle.