annul
118 occurrences across the corpus
OT Pseudepigrapha
Lying upon our neck, and may annul
Now therefore annul not anything of that thou hast vowed, but grant unto me one prayer. I ask of thee before I die a small request: I beseech thee that before I give up my soul, I may go into the mountains and wander (or abide) among the hills and walk about among the rocks, I and the virgins that are my fellows, and pour out my tears there and tell the affliction of my youth; and the trees of the field shall bewail me and the beasts of the field shall lament for me; for I am not sorrowful for that I die, neither doth it grieve me that I give up my soul: but whereas my father was overtaken in his vow, [and] if I offer not myself willingly for a sacrifice, I fear lest my death be not acceptable, and that I shall lose my life to no purpose. These things will I tell unto the mountains, and after that I will return. And her father said: Go.
The Mishnah
They may annul vows on Shabbat, and they may be asked [to release vows] when these are necessary for Shabbat. One may close up a skylight, and measure a rag and a ritual bath. And it once happened in the days of Rabbi Zadok’s father and the days of Abba Shaul ben Botnit that they closed up the window with a small clay vessel and tied a [clay] pot to a string to ascertain whether there was the opening of a handbreadth or not in the barrel. And from their words we learn that we may close [a skylight] and measure and tie on Shabbat.
Brothers who are partners who were eating at their father’s table but slept in their own homes must each have an eruv. Hence, if any one of them forgot and did not [contribute] to the eruv, he must annul his right to his share in the courtyard. When does this apply? When they bring their eruv into some other place but if their eruv is deposited with them or if there are no other tenants with them in the courtyard they need not prepare any eruv.
A father has authority over his daughter in her betrothal [whether it was effected] by money, document or intercourse. He is entitled to anything she finds, to her handiwork and to annul her vows. He receives her get but he has no usufruct [from her property] during her lifetime. When she marries, the husband surpasses him [in his rights] in that he has usufruct during her lifetime. And he is obligated to feed her, to pay a ransom for her and to provide for her burial. Rabbi Judah says: even the poorest man in Israel must provide no less than two flutes and one lamenting woman.
If one says to his neighbor “Konam, what I benefit from you, if you do not come and take for your sons a kor of wheat and two barrels of wine,” the latter may annul his vow without the release of a sage, by declaring, “Did you vow for any other purpose but to honor me? This [refusal] is my honor.” Similarly, if one says to his neighbor, “Konam, what you benefit from me, if you do not give my son a kor of wheat and two barrels of wine”: Rabbi Meir says: he is forbidden until he gives; But the Sages say: he too can annul his vow without the release of a sage, by saying to him, “I regard it as though I have received it.” If they were urging him to marry his sister’s daughter, and he said, “Konam, what she benefits from me forever”; Likewise, if he is divorcing his wife and he said, “Konam, what my wife benefits from me forever,” they are permitted to benefit from him, because he meant only marriage. If he was urging his neighbor to eat at his house, and he replied, “Konam be your house which I do not enter,” or, “The drop of water that I do not drink,” he may enter his house and drink cold water because he only meant eating and drinking in general.
If one says to his neighbor “Konam, what I benefit from you, if you do not come and take for your sons a kor of wheat and two barrels of wine,” the latter may annul his vow without the release of a sage, by declaring, “Did you vow for any other purpose but to honor me? This [refusal] is my honor.” Similarly, if one says to his neighbor, “Konam, what you benefit from me, if you do not give my son a kor of wheat and two barrels of wine”: Rabbi Meir says: he is forbidden until he gives; But the Sages say: he too can annul his vow without the release of a sage, by saying to him, “I regard it as though I have received it.” If they were urging him to marry his sister’s daughter, and he said, “Konam, what she benefits from me forever”; Likewise, if he is divorcing his wife and he said, “Konam, what my wife benefits from me forever,” they are permitted to benefit from him, because he meant only marriage. If he was urging his neighbor to eat at his house, and he replied, “Konam be your house which I do not enter,” or, “The drop of water that I do not drink,” he may enter his house and drink cold water because he only meant eating and drinking in general.
In the case of a betrothed young woman, her father and her betrothed husband annul her vows. If her father annulled [her vow] but not the husband, or if the husband annulled [it] but not the father, it is not annulled; and it goes without saying if one of them upheld [it].
If the father dies, his authority does not pass over to the husband. If the husband dies, his authority passes over to the father. In this respect, the father’s power is greater than the husband’s. But in another respect, the husband’s power is greater than that of the father, for the husband can annul [her vows] when she is of majority age but the father cannot annul her vows when she is of majority age.
If the father dies, his authority does not pass over to the husband. If the husband dies, his authority passes over to the father. In this respect, the father’s power is greater than the husband’s. But in another respect, the husband’s power is greater than that of the father, for the husband can annul [her vows] when she is of majority age but the father cannot annul her vows when she is of majority age.
If one vowed as a betrothed woman, and then was divorced on that day and betrothed [again] on the same day, even a hundred times, her father and last betrothed husband can annul her vows. This is the general rule: as long as she has not passed out into her own control for even one hour, her father and last husband can annul her vows.
If one vowed as a betrothed woman, and then was divorced on that day and betrothed [again] on the same day, even a hundred times, her father and last betrothed husband can annul her vows. This is the general rule: as long as she has not passed out into her own control for even one hour, her father and last husband can annul her vows.
It is the practice of scholars, before the daughter of one of them departs from him, he says to her, “All the vows which you vowed in my house are annulled.” Likewise the husband, before she enters into his domain would say to her, “All the vows which you vowed before you entered my domain are annulled,” because once she enters into his domain he cannot annul them.
[In the case of] a girl who has reached majority age who waited twelve months, or a widow [who waited] thirty days, Rabbi Eliezer says: since her [betrothed] husband is responsible for her maintenance, he may annul [her vows]. But the Sages say: the husband cannot annul [her vows] until she enters into his domain.
[In the case of] a girl who has reached majority age who waited twelve months, or a widow [who waited] thirty days, Rabbi Eliezer says: since her [betrothed] husband is responsible for her maintenance, he may annul [her vows]. But the Sages say: the husband cannot annul [her vows] until she enters into his domain.
If a woman waits for a yavam, whether for one or for two [yevamim]: Rabbi Eliezer says: he can annul [her vows]. Rabbi Joshua says: [only if she waits] for one, but not for two. Rabbi Akiva says: neither for one nor for two. Rabbi Eliezer said: if a man can annul the vows of a woman whom he himself acquired, isn’t it logical that can he annul those of a woman bequeathed to him by Heaven! Rabbi Akiva said to him: No! If you speak of a woman whom he himself acquires, that is because others have no rights in her; will you say [the same] of a woman given to him by Heaven, in whom others too have rights! Rabbi Joshua said to him: Akiva, your words apply to two yevamim; but what will you answer if there is only one yavam? He (Rabbi Akiva) said to him (Rabbi Joshua): the yevamah is not as completely acquired to the yavam as a betrothed girl is to her [betrothed] husband.
If a woman waits for a yavam, whether for one or for two [yevamim]: Rabbi Eliezer says: he can annul [her vows]. Rabbi Joshua says: [only if she waits] for one, but not for two. Rabbi Akiva says: neither for one nor for two. Rabbi Eliezer said: if a man can annul the vows of a woman whom he himself acquired, isn’t it logical that can he annul those of a woman bequeathed to him by Heaven! Rabbi Akiva said to him: No! If you speak of a woman whom he himself acquires, that is because others have no rights in her; will you say [the same] of a woman given to him by Heaven, in whom others too have rights! Rabbi Joshua said to him: Akiva, your words apply to two yevamim; but what will you answer if there is only one yavam? He (Rabbi Akiva) said to him (Rabbi Joshua): the yevamah is not as completely acquired to the yavam as a betrothed girl is to her [betrothed] husband.
If a woman waits for a yavam, whether for one or for two [yevamim]: Rabbi Eliezer says: he can annul [her vows]. Rabbi Joshua says: [only if she waits] for one, but not for two. Rabbi Akiva says: neither for one nor for two. Rabbi Eliezer said: if a man can annul the vows of a woman whom he himself acquired, isn’t it logical that can he annul those of a woman bequeathed to him by Heaven! Rabbi Akiva said to him: No! If you speak of a woman whom he himself acquires, that is because others have no rights in her; will you say [the same] of a woman given to him by Heaven, in whom others too have rights! Rabbi Joshua said to him: Akiva, your words apply to two yevamim; but what will you answer if there is only one yavam? He (Rabbi Akiva) said to him (Rabbi Joshua): the yevamah is not as completely acquired to the yavam as a betrothed girl is to her [betrothed] husband.
If a man says to his wife, “All vows which you may vow from now until I return from such and such a place behold, they are upheld,” he has not said anything. [If he said: All vows which you may vow from now until I return from such and such a place], behold, they are annulled,”: Rabbi Eliezer says: they are annulled; The Sages say: they are not annulled. Said Rabbi Eliezer: if he can annul vows which have already had the force of a prohibition, surely he can annul those which have not had the force of prohibition! They said to him: behold, it is said, “Her husband may uphold it, and her husband may annul it” (Numbers 30:14), that which has entered the category of upholding, has entered the category of annulment; but that which has not entered the category of upholding, has not entered the category of annulment.
If a man says to his wife, “All vows which you may vow from now until I return from such and such a place behold, they are upheld,” he has not said anything. [If he said: All vows which you may vow from now until I return from such and such a place], behold, they are annulled,”: Rabbi Eliezer says: they are annulled; The Sages say: they are not annulled. Said Rabbi Eliezer: if he can annul vows which have already had the force of a prohibition, surely he can annul those which have not had the force of prohibition! They said to him: behold, it is said, “Her husband may uphold it, and her husband may annul it” (Numbers 30:14), that which has entered the category of upholding, has entered the category of annulment; but that which has not entered the category of upholding, has not entered the category of annulment.
If a man says to his wife, “All vows which you may vow from now until I return from such and such a place behold, they are upheld,” he has not said anything. [If he said: All vows which you may vow from now until I return from such and such a place], behold, they are annulled,”: Rabbi Eliezer says: they are annulled; The Sages say: they are not annulled. Said Rabbi Eliezer: if he can annul vows which have already had the force of a prohibition, surely he can annul those which have not had the force of prohibition! They said to him: behold, it is said, “Her husband may uphold it, and her husband may annul it” (Numbers 30:14), that which has entered the category of upholding, has entered the category of annulment; but that which has not entered the category of upholding, has not entered the category of annulment.
The annulment of vows is the whole day. This may result in a stringency or in a leniency. How is this so? If she vowed on the eve of the Sabbath, he can annul on the eve of the sabbath and on the Sabbath day until nightfall. If she vowed just before nightfall, he can annul only until nightfall: for if night fell and he had not annulled it, he can no longer annul it.
The annulment of vows is the whole day. This may result in a stringency or in a leniency. How is this so? If she vowed on the eve of the Sabbath, he can annul on the eve of the sabbath and on the Sabbath day until nightfall. If she vowed just before nightfall, he can annul only until nightfall: for if night fell and he had not annulled it, he can no longer annul it.
The annulment of vows is the whole day. This may result in a stringency or in a leniency. How is this so? If she vowed on the eve of the Sabbath, he can annul on the eve of the sabbath and on the Sabbath day until nightfall. If she vowed just before nightfall, he can annul only until nightfall: for if night fell and he had not annulled it, he can no longer annul it.
And these are the vows which he can annul: vows which involve self-denial. [For instance:] “If I bathe” or “If I do not bathe;” “If I adorn myself,” or, “If I do not adorn myself.” Rabbi Yose says: these are not vows of self-denial.
But these are vows of self-denial: If she says, “Konam be the produce of the [whole] world to me”, he can annul. “Konam be the produce of this region to me,” he should bring her that of a different region. “[Konam be] the produce of this shopkeeper to me”, he cannot annul. But if he can obtain his sustenance only from him, he can annul, the words of Rabbi Yose.
But these are vows of self-denial: If she says, “Konam be the produce of the [whole] world to me”, he can annul. “Konam be the produce of this region to me,” he should bring her that of a different region. “[Konam be] the produce of this shopkeeper to me”, he cannot annul. But if he can obtain his sustenance only from him, he can annul, the words of Rabbi Yose.
But these are vows of self-denial: If she says, “Konam be the produce of the [whole] world to me”, he can annul. “Konam be the produce of this region to me,” he should bring her that of a different region. “[Konam be] the produce of this shopkeeper to me”, he cannot annul. But if he can obtain his sustenance only from him, he can annul, the words of Rabbi Yose.
[If she vows], “Konam, that which I benefit from mankind,” he cannot annul, and she can benefit from gleanings, forgotten sheaves, and the corners of the field. [If one says], “Konam be the benefit which priests and Levites have from me”, they can take [from him] against his will. [But if he vows,] “Konam be the benefit these priests and Levites have from me,” other [priests and Levites] should take.
[If she vows,] “Konam that which I do for my father,” [or] “your father,” [or] “my brother,” [or] “your brother,” [the husband] cannot annul it. [“Konam] “that which I do for you,” he need not annul it. Rabbi Akiva says: he should annul it, lest she make more than is fitting for him. Rabbi Yohanan ben Nuri said: he should annul it, lest he divorce her and she thereby be forbidden to him.
[If she vows,] “Konam that which I do for my father,” [or] “your father,” [or] “my brother,” [or] “your brother,” [the husband] cannot annul it. [“Konam] “that which I do for you,” he need not annul it. Rabbi Akiva says: he should annul it, lest she make more than is fitting for him. Rabbi Yohanan ben Nuri said: he should annul it, lest he divorce her and she thereby be forbidden to him.
[If she vows,] “Konam that which I do for my father,” [or] “your father,” [or] “my brother,” [or] “your brother,” [the husband] cannot annul it. [“Konam] “that which I do for you,” he need not annul it. Rabbi Akiva says: he should annul it, lest she make more than is fitting for him. Rabbi Yohanan ben Nuri said: he should annul it, lest he divorce her and she thereby be forbidden to him.
[If she vows,] “Konam that which I do for my father,” [or] “your father,” [or] “my brother,” [or] “your brother,” [the husband] cannot annul it. [“Konam] “that which I do for you,” he need not annul it. Rabbi Akiva says: he should annul it, lest she make more than is fitting for him. Rabbi Yohanan ben Nuri said: he should annul it, lest he divorce her and she thereby be forbidden to him.
If his wife vowed, and he thought that his daughter had vowed, or if his daughter vowed and he thought that his wife had vowed; If she took the vow of a nazirite, and he thought that she had vowed by a korban, or if she vowed by a korban, and he thought that she vowed a nazirite vow; If she vowed [to abstain] from figs, and he thought that she vowed [to abstain] from grapes, or if she vowed [to abstain] from grapes and he thought that she vowed from figs, he must annul [the vow] again.
[If the husband declares,] “I knew that there were vows, but I did not know that they could be annulled”, he may annul them [now]. [But if he says:] “I knew that I could annul them, but I did not know that this was a vow,” Rabbi Meir says: he cannot annul it, But the Sages say: he can annul.
[If the husband declares,] “I knew that there were vows, but I did not know that they could be annulled”, he may annul them [now]. [But if he says:] “I knew that I could annul them, but I did not know that this was a vow,” Rabbi Meir says: he cannot annul it, But the Sages say: he can annul.
[If the husband declares,] “I knew that there were vows, but I did not know that they could be annulled”, he may annul them [now]. [But if he says:] “I knew that I could annul them, but I did not know that this was a vow,” Rabbi Meir says: he cannot annul it, But the Sages say: he can annul.
[If the husband declares,] “I knew that there were vows, but I did not know that they could be annulled”, he may annul them [now]. [But if he says:] “I knew that I could annul them, but I did not know that this was a vow,” Rabbi Meir says: he cannot annul it, But the Sages say: he can annul.
“But every vow of a widow and of a divorcee… shall be binding upon her” (Numbers 30:9). How is this so? If she said, “Behold, I will be a nazirite after thirty days”, even if she married within the thirty days, he cannot annul it. If she vows while in her husband’s domain, he can annul [the vow] for her. How is this so? If she said, “Behold, I will be a nazirite after thirty days,” [and her husband annulled it], even though she was widowed or divorced within the thirty days, it is annulled. If she vowed on one day, and he divorced her on the same day and took her back on the same day, he cannot annul it. This is the general rule: once she has gone into her own domain [even] for a single hour, he cannot annul.
“But every vow of a widow and of a divorcee… shall be binding upon her” (Numbers 30:9). How is this so? If she said, “Behold, I will be a nazirite after thirty days”, even if she married within the thirty days, he cannot annul it. If she vows while in her husband’s domain, he can annul [the vow] for her. How is this so? If she said, “Behold, I will be a nazirite after thirty days,” [and her husband annulled it], even though she was widowed or divorced within the thirty days, it is annulled. If she vowed on one day, and he divorced her on the same day and took her back on the same day, he cannot annul it. This is the general rule: once she has gone into her own domain [even] for a single hour, he cannot annul.
“But every vow of a widow and of a divorcee… shall be binding upon her” (Numbers 30:9). How is this so? If she said, “Behold, I will be a nazirite after thirty days”, even if she married within the thirty days, he cannot annul it. If she vows while in her husband’s domain, he can annul [the vow] for her. How is this so? If she said, “Behold, I will be a nazirite after thirty days,” [and her husband annulled it], even though she was widowed or divorced within the thirty days, it is annulled. If she vowed on one day, and he divorced her on the same day and took her back on the same day, he cannot annul it. This is the general rule: once she has gone into her own domain [even] for a single hour, he cannot annul.
“But every vow of a widow and of a divorcee… shall be binding upon her” (Numbers 30:9). How is this so? If she said, “Behold, I will be a nazirite after thirty days”, even if she married within the thirty days, he cannot annul it. If she vows while in her husband’s domain, he can annul [the vow] for her. How is this so? If she said, “Behold, I will be a nazirite after thirty days,” [and her husband annulled it], even though she was widowed or divorced within the thirty days, it is annulled. If she vowed on one day, and he divorced her on the same day and took her back on the same day, he cannot annul it. This is the general rule: once she has gone into her own domain [even] for a single hour, he cannot annul.
[If she vows,] “Konam the benefit that I derive from my father or from your father if I make anything for you,” Or, “Konam the benefit that I derive from you, if I make anything for my father or your father,” he can annul.
At first they would say that three women must be divorced and receive their ketubah: She who says: “I am defiled to you”; “Heaven is between me and you”; “I have been removed from the Jews.” But subsequently they changed the ruling to prevent her from setting her eye on another and spoiling herself to her husband: She who said, “I am defiled unto you” must bring proof. “Heaven is between me and you” they [shall appease them] by a request. “I have been removed from the Jews” he [the husband] must annul his portion, and she may have relations with him, and she shall be removed from other Jews.
One who said, “Behold, I am a nazirite”, and his friend overheard and said “I too,” [and another one said] “I too”, all are nazirites. If the first one is released [from his vow], all are released. If the last one is released, he alone is released, and the others remain bound [by their vows]. If he said, “Behold, I am a nazirite”, and his companion overheard and said, “My mouth shall be as his mouth and my hair as his hair”, he becomes a nazirite. [If he said,] “Behold, I am a nazirite,” and his wife overheard and said, “I too,” he can annul her vow, but his own remains binding. [If a woman says,] “Behold, I am a nazirite”, and her husband overhears and adds, “I too,” he cannot annul her vow.
One who said, “Behold, I am a nazirite”, and his friend overheard and said “I too,” [and another one said] “I too”, all are nazirites. If the first one is released [from his vow], all are released. If the last one is released, he alone is released, and the others remain bound [by their vows]. If he said, “Behold, I am a nazirite”, and his companion overheard and said, “My mouth shall be as his mouth and my hair as his hair”, he becomes a nazirite. [If he said,] “Behold, I am a nazirite,” and his wife overheard and said, “I too,” he can annul her vow, but his own remains binding. [If a woman says,] “Behold, I am a nazirite”, and her husband overhears and adds, “I too,” he cannot annul her vow.
[If he says in conversation with his wife,] “Behold, I am a nazirite. What about you?” and she answers “Amen,” he can annul her vow, but his own remains binding. [But if she should say,] “Behold, I am a nazirite, what about you?” and he answers, “Amen,” he cannot annul her vow.
[If he says in conversation with his wife,] “Behold, I am a nazirite. What about you?” and she answers “Amen,” he can annul her vow, but his own remains binding. [But if she should say,] “Behold, I am a nazirite, what about you?” and he answers, “Amen,” he cannot annul her vow.
If one of the kinds of blood has been sprinkled on her behalf, [the husband] can no longer annul [the vow]. Rabbi Akiba says: even if one of the animals has been slaughtered on her behalf, he can no longer annul [the vow]. When is this true? If she is shaving [after observing the naziriteship] in purity, but if she is shaving after ritual defilement, he can [still] annul [the vow], because he can say, “I do not want a disgraced woman.” Rabbi says that he can annul [her vow] even if she is shaving [after observing the naziriteship] in purity, since he can say: “I do not want a woman who is shaved.
If one of the kinds of blood has been sprinkled on her behalf, [the husband] can no longer annul [the vow]. Rabbi Akiba says: even if one of the animals has been slaughtered on her behalf, he can no longer annul [the vow]. When is this true? If she is shaving [after observing the naziriteship] in purity, but if she is shaving after ritual defilement, he can [still] annul [the vow], because he can say, “I do not want a disgraced woman.” Rabbi says that he can annul [her vow] even if she is shaving [after observing the naziriteship] in purity, since he can say: “I do not want a woman who is shaved.
If one of the kinds of blood has been sprinkled on her behalf, [the husband] can no longer annul [the vow]. Rabbi Akiba says: even if one of the animals has been slaughtered on her behalf, he can no longer annul [the vow]. When is this true? If she is shaving [after observing the naziriteship] in purity, but if she is shaving after ritual defilement, he can [still] annul [the vow], because he can say, “I do not want a disgraced woman.” Rabbi says that he can annul [her vow] even if she is shaving [after observing the naziriteship] in purity, since he can say: “I do not want a woman who is shaved.
If one of the kinds of blood has been sprinkled on her behalf, [the husband] can no longer annul [the vow]. Rabbi Akiba says: even if one of the animals has been slaughtered on her behalf, he can no longer annul [the vow]. When is this true? If she is shaving [after observing the naziriteship] in purity, but if she is shaving after ritual defilement, he can [still] annul [the vow], because he can say, “I do not want a disgraced woman.” Rabbi says that he can annul [her vow] even if she is shaving [after observing the naziriteship] in purity, since he can say: “I do not want a woman who is shaved.
Three things are forbidden to a nazirite: ritual defilement, shaving and products of the vine. Defilement and shaving have a stringency that products of the vine do not have, in that defilement and shaving annul [the period of naziriteship already observed], whereas [partaking of] products of the vine does not do so. Products of the vine have a stringency that defilement or shaving do not have, in that products of the vine permit of no exception from the general prohibition, whereas defilement and shaving are allowed as exception from the general prohibition in the case where shaving is a religious duty, or where there is a neglected corpse. And defilement has a stringency that shaving does not have, in that defilement annuls the whole [period of naziriteship already served], and [a nazirite who is defiled] is liable for a sacrifice, whereas shaving annuls only thirty days and he is not liable for a sacrifice.
But for [defilement contracted by] overhanging branches, or protruding stones, or a field that may have once been a cemetery, or land of the Gentiles, or the stone which covers the tomb or the supporting stone of a tomb, or a quarter-log of blood, or a tent, or a quarter-kav of bones, or utensils that have been in contact with a corpse, or on account of the days of counting [after contracting scale disease] or the days during which he is certified unclean [because of scale disease]; For all these the nazirite is not required to shave, but they do sprinkle him on the third and seventh [days], and [the defilement] does not annul the formerly served period, and he begins to resume counting [his naziriteship] immediately [after purification] and there is no sacrifice. In fact they said: the days of [defilement of] a male or female sufferer from gonorrhea and the days that a leper is shut up as a leper count toward his [naziriteship].
If man sends a get to his wife and then catches up with the messenger, or sends a messenger after the original messenger, and says to him, “The get which I gave you is annulled”, then it is annulled. If the husband arrives at his wife before [the messenger] or sends a messenger to her and says, “The get which I sent to you is annulled”, then it is annulled. Once the get has reached her hand, he cannot annul it.
Originally, a husband would bring together a court wherever he was and annul the get. Rabban Gamaliel the Elder established that this should not be done, because of tikkun olam. Originally the husband would change his name, or his wife’s name, or the name of his town or of his wife’s town. Rabban Gamaliel the Elder established that he should write, “The man so-and-so or any name that he has,”; “the woman so-and-so or any name that she has,” because of tikkun olam.
If he swore to annul a commandment, and did not annul it, he is exempt. [If he swore] to fulfill [a commandment], and did not fulfill it, he is exempt. For it would have been logical [in the second instance] that he should have been liable, as is the opinion of Rabbi Judah ben Bathyra. [For] Rabbi Judah ben Bathyra said, “Now, if for [swearing with regards to] an optional matter, for which he is not adjured from Mount Sinai, he is liable [should he not fulfill his oath], for [swearing with regards to] a commandment, for which he is adjured from Mount Sinai, he should most certainly be liable [should he not fulfill his oath]! They said to him: “No! If you say that for an oath with regards to an optional matter [he is liable], it is because [Scripture] has in that case made negative equal to positive [for liability]; But how can you say that for an oath [to fulfill] a commandment [he is liable], since [Scripture] has not in that case made negative equal to positive, for if he swore to annul [a commandment], and did not annul it, he is exempt!
If he swore to annul a commandment, and did not annul it, he is exempt. [If he swore] to fulfill [a commandment], and did not fulfill it, he is exempt. For it would have been logical [in the second instance] that he should have been liable, as is the opinion of Rabbi Judah ben Bathyra. [For] Rabbi Judah ben Bathyra said, “Now, if for [swearing with regards to] an optional matter, for which he is not adjured from Mount Sinai, he is liable [should he not fulfill his oath], for [swearing with regards to] a commandment, for which he is adjured from Mount Sinai, he should most certainly be liable [should he not fulfill his oath]! They said to him: “No! If you say that for an oath with regards to an optional matter [he is liable], it is because [Scripture] has in that case made negative equal to positive [for liability]; But how can you say that for an oath [to fulfill] a commandment [he is liable], since [Scripture] has not in that case made negative equal to positive, for if he swore to annul [a commandment], and did not annul it, he is exempt!
If he swore to annul a commandment, and did not annul it, he is exempt. [If he swore] to fulfill [a commandment], and did not fulfill it, he is exempt. For it would have been logical [in the second instance] that he should have been liable, as is the opinion of Rabbi Judah ben Bathyra. [For] Rabbi Judah ben Bathyra said, “Now, if for [swearing with regards to] an optional matter, for which he is not adjured from Mount Sinai, he is liable [should he not fulfill his oath], for [swearing with regards to] a commandment, for which he is adjured from Mount Sinai, he should most certainly be liable [should he not fulfill his oath]! They said to him: “No! If you say that for an oath with regards to an optional matter [he is liable], it is because [Scripture] has in that case made negative equal to positive [for liability]; But how can you say that for an oath [to fulfill] a commandment [he is liable], since [Scripture] has not in that case made negative equal to positive, for if he swore to annul [a commandment], and did not annul it, he is exempt!
If he swore to annul a commandment, and did not annul it, he is exempt. [If he swore] to fulfill [a commandment], and did not fulfill it, he is exempt. For it would have been logical [in the second instance] that he should have been liable, as is the opinion of Rabbi Judah ben Bathyra. [For] Rabbi Judah ben Bathyra said, “Now, if for [swearing with regards to] an optional matter, for which he is not adjured from Mount Sinai, he is liable [should he not fulfill his oath], for [swearing with regards to] a commandment, for which he is adjured from Mount Sinai, he should most certainly be liable [should he not fulfill his oath]! They said to him: “No! If you say that for an oath with regards to an optional matter [he is liable], it is because [Scripture] has in that case made negative equal to positive [for liability]; But how can you say that for an oath [to fulfill] a commandment [he is liable], since [Scripture] has not in that case made negative equal to positive, for if he swore to annul [a commandment], and did not annul it, he is exempt!
What is a vain oath? If he swore that which is contrary to the facts known to people, saying of a pillar of stone that it is of gold; or of a man that he is a woman; or of a woman that she is a man. If he swore concerning a thing which is impossible, [for instance if he said,] “If I have not seen a camel flying in the air”, or “If I have not seen a serpent as thick as the beam of the olive press”. If he said to witnesses, “Come and bear testimony for me”, [and they replied,] “We swear that we will not bear testimony for you”. If he swore to annul a commandment, [for example] not to make a sukkah, or not to take a lulav, or not to put on tefillin. These are vain oaths, for which one is liable, for intentional transgression, lashes, and for unintentional transgression one is exempt.
How does one annul [an asherah]? If [a pagan] pruned or trimmed it, removing from it a stick or twig or even a leaf, behold it is annulled. If he smoothed it out for its own sake, it is prohibited; but if not for its own sake, it is permitted.
The idol of an idolater is prohibited immediately; but if it belonged to a Jew it is not prohibited until it is worshipped. An idolater can annul an idol belonging to himself or to another idolater, but a Jew cannot annul the idol of an idolater. He who annuls an idol annuls the things that pertain to it. If he only annulled the things that pertain to it these are permitted but the idol itself is prohibited.
The idol of an idolater is prohibited immediately; but if it belonged to a Jew it is not prohibited until it is worshipped. An idolater can annul an idol belonging to himself or to another idolater, but a Jew cannot annul the idol of an idolater. He who annuls an idol annuls the things that pertain to it. If he only annulled the things that pertain to it these are permitted but the idol itself is prohibited.
How does he annul it? If he cut off the tip of its ear, the tip of its nose, or the tip of its finger; or if he defaced it, although there was no reduction in the mass of the material, he has annulled it. If he spat before it, urinated before it, dragged it [in the dust] or hurled excrement at it, behold it is not annulled. If he sold or gave it as a pledge, Rabbi says that he has annulled it, but the sages say that he has not annulled it.
An [anointed high priest] who rendered an errant decision alone and acted accordingly alone, he makes his atonement alone. If he rendered his ruling together with [the court of] the congregation and acted accordingly together with the congregation, he makes his atonement together with the congregation. For the court is not liable unless they ruled to annul part of a commandment and to retain a part of it; and so [it is with] the anointed [high] priest. Nor [are they liable] for idolatry unless they ruled to annul the law in part and to retain it in part.
An [anointed high priest] who rendered an errant decision alone and acted accordingly alone, he makes his atonement alone. If he rendered his ruling together with [the court of] the congregation and acted accordingly together with the congregation, he makes his atonement together with the congregation. For the court is not liable unless they ruled to annul part of a commandment and to retain a part of it; and so [it is with] the anointed [high] priest. Nor [are they liable] for idolatry unless they ruled to annul the law in part and to retain it in part.
If the blood became mixed with water and it still has the color of blood, it must be covered up. If it became mixed with wine, [the wine] is to be regarded as though it was water. If it became mixed with the blood of a beast or with the blood of a wild animal, it is to be regarded as though it was water. Rabbi Judah says: blood does not annul other blood.
The Jerusalem Talmud
“Should be diminished.” How does he diminish? Either he removes from the quarter or he adds to the seah. But did not Rebbi Joḥanan say (Rebbi Abbahu in the name of Rebbi Joḥanan), for all prohibitions, if one added in error, it is permitted, if intentionally, it is forbidden. There you add to annul a Torah prohibition, but here you add because of the bad impression.
If it is so, why was it said: One ploughs until the New Year? Rebbi Crispus in the name of Rebbi Joḥanan: Rabban Gamliel and his court abolished the prohibition of the first two terms. Rebbi Joḥanan asked: Did we not state: No court may annul the words of another court unless it is greater in wisdom and numbers? Rebbi Crispus in the name of Rebbi Joḥanan: If they wanted to plough, they may plough. Then it should have been eliminated from the Mishnah! Rebbi Crispus in the name of Rebbi Joḥanan: If they wanted to re-establish it, they may do so.
“And also I heard from him that if one of the dwellers in a courtyard had forgotten to make an eruv he is forbidden [to bring into] his house.” There it follows the rabbis, here Rebbi Eliezer. The rabbis say, a person may annul his right to his house but not his right to his courtyard. Rebbi Eliezer says, just as a person may annul his right to his house so he may annul his right to his courtyard. According to Rebbi Eliezer, could he not be treated like a guest and be permitted? Rebbi Ḥiyya bar Ada in the name of Rebbi Simeon ben Laqish: Rebbi Eliezer fined him. Rebbi Shammai asked, according to Rebbi Eliezer, does one fine anybody in error about a matter of their words? Rebbi Abba the son of Rav Pappai asked, if somebody said, I am annulling the right to my house, would the rabbis agree? If somebody said, I am annulling the right to my courtyard, would Rebbi Eliezer agree?
“And also I heard from him that if one of the dwellers in a courtyard had forgotten to make an eruv he is forbidden [to bring into] his house.” There it follows the rabbis, here Rebbi Eliezer. The rabbis say, a person may annul his right to his house but not his right to his courtyard. Rebbi Eliezer says, just as a person may annul his right to his house so he may annul his right to his courtyard. According to Rebbi Eliezer, could he not be treated like a guest and be permitted? Rebbi Ḥiyya bar Ada in the name of Rebbi Simeon ben Laqish: Rebbi Eliezer fined him. Rebbi Shammai asked, according to Rebbi Eliezer, does one fine anybody in error about a matter of their words? Rebbi Abba the son of Rav Pappai asked, if somebody said, I am annulling the right to my house, would the rabbis agree? If somebody said, I am annulling the right to my courtyard, would Rebbi Eliezer agree?
“And also I heard from him that if one of the dwellers in a courtyard had forgotten to make an eruv he is forbidden [to bring into] his house.” There it follows the rabbis, here Rebbi Eliezer. The rabbis say, a person may annul his right to his house but not his right to his courtyard. Rebbi Eliezer says, just as a person may annul his right to his house so he may annul his right to his courtyard. According to Rebbi Eliezer, could he not be treated like a guest and be permitted? Rebbi Ḥiyya bar Ada in the name of Rebbi Simeon ben Laqish: Rebbi Eliezer fined him. Rebbi Shammai asked, according to Rebbi Eliezer, does one fine anybody in error about a matter of their words? Rebbi Abba the son of Rav Pappai asked, if somebody said, I am annulling the right to my house, would the rabbis agree? If somebody said, I am annulling the right to my courtyard, would Rebbi Eliezer agree?
HALAKHAH: Paragraph. “If he deposited it in a tree more than ten hand-breadths high,” etc. It is an eruv but it is forbidden to move it; below three it is permitted. This is difficult. If his eruv is a [valid] eruv one should be permitted to move it. If one is forbidden to move it his eruv should not be a [valid] eruv. He might transgress the rabbinic prohibition and eat. Then also higher than ten [hand-breadths]? Rav Jehudah in the name of Samuel, explain it if its stem was four [hand-breadths]. Rebbi Mana said, only if the public domain surrounds it on all sides; he says my Sabbath rest shall be below it. It was stated: If he put it in a basket and hung it on a tree, higher than ten hand-breadths high it is not an eruv; below ten hand-breadth it is an eruv but it is forbidden to move it; below three it is permitted. This is difficult. If his eruv is a [valid] eruv one should be permitted to move it. If one is forbidden to move it his eruv should not be a [valid] eruv. Rebbi Aḥa in the name of Rebbi Ḥinena: He might turn it upside down and annul the private domain created by it. Rebbi Yose said, this implies that a bench in the public domain high ten and wide four [hand-breadths], since one may tilt it and annul the private domain created by it, it implies that his eruv is a [valid] eruv and it is permitted to move it.
HALAKHAH: Paragraph. “If he deposited it in a tree more than ten hand-breadths high,” etc. It is an eruv but it is forbidden to move it; below three it is permitted. This is difficult. If his eruv is a [valid] eruv one should be permitted to move it. If one is forbidden to move it his eruv should not be a [valid] eruv. He might transgress the rabbinic prohibition and eat. Then also higher than ten [hand-breadths]? Rav Jehudah in the name of Samuel, explain it if its stem was four [hand-breadths]. Rebbi Mana said, only if the public domain surrounds it on all sides; he says my Sabbath rest shall be below it. It was stated: If he put it in a basket and hung it on a tree, higher than ten hand-breadths high it is not an eruv; below ten hand-breadth it is an eruv but it is forbidden to move it; below three it is permitted. This is difficult. If his eruv is a [valid] eruv one should be permitted to move it. If one is forbidden to move it his eruv should not be a [valid] eruv. Rebbi Aḥa in the name of Rebbi Ḥinena: He might turn it upside down and annul the private domain created by it. Rebbi Yose said, this implies that a bench in the public domain high ten and wide four [hand-breadths], since one may tilt it and annul the private domain created by it, it implies that his eruv is a [valid] eruv and it is permitted to move it.
“If he deposited it in a tree higher than ten hand-breadths it is not an eruv; below ten hand-breadths it is an eruv but it is forbidden to move it; below three it is permitted.” This is difficult. If his eruv is a {valid} eruv one should be permitted to move it. If one is forbidden to move it his eruv should not be a {valid}eruv. He might transgress the rabbinic prohibition and eat. Then also higher than ten {hand-breadths}? Rav Jehudah in the name of Samuel, explain it if its stem was four {hand-breadths}. Rebbi Mana said, only if the public domain surrounds it on all sides; he says my Sabbath rest shall be below it. It was stated: If he put it in a basket and hung it on a tree, higher than ten hand-breadths high it is not an eruv; below ten hand-breadths it is an eruv but it is forbidden to move it; below three it is permitted. This is difficult. If his eruv is a {valid} eruv one should be permitted to move it. If one is forbidden to move it his eruv should not be a {valid} eruv. Rebbi Aḥa in the name of Rebbi Ḥinena: He might turn it upside down and annul the private domain created by it. Rebbi Yose said, this implies that a bench in the public domain high ten and wide four {hand-breadths}, since one may tilt it and annul the public domain of it, it implies that his eruv is a {valid}eruv and it is permitted to move it.
“If he deposited it in a tree higher than ten hand-breadths it is not an eruv; below ten hand-breadths it is an eruv but it is forbidden to move it; below three it is permitted.” This is difficult. If his eruv is a {valid} eruv one should be permitted to move it. If one is forbidden to move it his eruv should not be a {valid}eruv. He might transgress the rabbinic prohibition and eat. Then also higher than ten {hand-breadths}? Rav Jehudah in the name of Samuel, explain it if its stem was four {hand-breadths}. Rebbi Mana said, only if the public domain surrounds it on all sides; he says my Sabbath rest shall be below it. It was stated: If he put it in a basket and hung it on a tree, higher than ten hand-breadths high it is not an eruv; below ten hand-breadths it is an eruv but it is forbidden to move it; below three it is permitted. This is difficult. If his eruv is a {valid} eruv one should be permitted to move it. If one is forbidden to move it his eruv should not be a {valid} eruv. Rebbi Aḥa in the name of Rebbi Ḥinena: He might turn it upside down and annul the private domain created by it. Rebbi Yose said, this implies that a bench in the public domain high ten and wide four {hand-breadths}, since one may tilt it and annul the public domain of it, it implies that his eruv is a {valid}eruv and it is permitted to move it.
Rebbi Eleazar said, three things annul the harsh decree. They are: prayer, charity and repentance. All three are from one verse: My people, over whom My Name is called, will submit and pray, this is prayer, and desire my presence, this is charity as you are saying, by charity I shall see Your presence. They will repent their evil ways, this is repentance. When they act in this way, what is written there? Then I shall hear in Heaven and forgive their sins and heal their land.
MISHNAH: Rebbi Yose says, her ketubah is from the property of her first husband. Rebbi Eleazar says, the first [husband] is entitled to what she finds and earns and may annul her vows. Rebbi Simeon says, copulation with her or ḥaliṣah with her by a brother of the first [husband] frees her co-wives and a child from him is not a bastard; if she was married without permission she is permitted to return to him. If she married by a decision of the court, she must leave but is free from the sacrifice; without a decision of the court, she must leave but must bring the sacrifice. The power of the court frees her from the sacrifice. If the court instructed her to marry but she misbehaved, she must bring a sacrifice since they permitted her only to marry.
Why can he not force his wife? Did not Rebbi Huna say, [if she vowed] any benefit from me [shall be forbidden] to you, he forces her and sleeps with her. Any benefit from you [shall be forbidden] to me, he hasto dissolve. There is a difference because it is a benefit for him and her. He should not be able to force his slave! There is a difference, “because his God’s crown is on his head,” a person who has no other master. This excludes the slave who has another master. If he comes to protest his master’s word, one says to him: this is practice, obey your master’s orders! If his master pushed him and he became impure, does he have to bring a sacrifice of impurity? Is he a nazir, did not you decide for him that he should become impure? You say, he brings a sacrifice of impurity; could he bring here a sacrifice of impurity? Does he annul? Is he a nazir, did not you decide for him that he should become impure? You say, he annuls; could he here annul?
Why can he not force his wife? Did not Rebbi Huna say, [if she vowed] any benefit from me [shall be forbidden] to you, he forces her and sleeps with her. Any benefit from you [shall be forbidden] to me, he hasto dissolve. There is a difference because it is a benefit for him and her. He should not be able to force his slave! There is a difference, “because his God’s crown is on his head,” a person who has no other master. This excludes the slave who has another master. If he comes to protest his master’s word, one says to him: this is practice, obey your master’s orders! If his master pushed him and he became impure, does he have to bring a sacrifice of impurity? Is he a nazir, did not you decide for him that he should become impure? You say, he brings a sacrifice of impurity; could he bring here a sacrifice of impurity? Does he annul? Is he a nazir, did not you decide for him that he should become impure? You say, he annuls; could he here annul?
MISHNAH: If somebody sent a bill of divorce to his wife and caught up with the agent, or he sent another agent after him and said: the bill of divorce I gave you is annulled, it is annulled. If he met his wife or he sent an agent to her and said: the bill of divorce I sent to you is annulled, it is annulled. After the bill of divorce came into her possession, he no longer can annul it.
MISHNAH: In earlier times, he could go to a court at another place and annul [the bill of divorce]; Rabban Gamliel the Elder instituted that one should not do that because of the public good. In earlier times, his name and her name and the names of his and her towns could change; Rabban Gamliel the Elder instituted that one should write Mr. X and all his names, Mrs. Y and all her names, because of the public good.
HALAKHAH: “In earlier times, he could go to court,” etc. Does this not disagree with Rebbi Simeon ben Laqish, since Rebbi Simeon ben Laqish said that nobody can annul an agency by speech. Explain it in a fully constituted court.
“Because of the public good.” They say in the name of Rebbi Simeon ben Laqish: That she should not risk bastardy. Some say in the name of Rebbi Simeon ben Laqish: That she should not remain anchored. He who said, that she should not remain anchored, [is afraid that] she turns out to be anchored if she thought that he annulled when he did not annul. He who said, that she should not risk bastardy, [is afraid that] her children will be bastards if she thought that he did not annul when he annulled, she goes and marries without a bill of divorce. If she thought that he annulled when he did not annul, another man comes and marries her preliminarily; the preliminary marriage is valid but she thinks it is invalid. She waits until her first husband dies, then she goes and marries [another man]; the result is that her children will be bastards. Rebbi Mana said, I went with a caravan and heard Rebbi Jacob bar Aḥa and Rebbi Immi in the name of Rebbi Simeon ben Laqish: That she should not risk bastardy. Rav Huna said, even the one who said that she should not remain anchored also agrees that she should not risk bastardy.
“Because of the public good.” They say in the name of Rebbi Simeon ben Laqish: That she should not risk bastardy. Some say in the name of Rebbi Simeon ben Laqish: That she should not remain anchored. He who said, that she should not remain anchored, [is afraid that] she turns out to be anchored if she thought that he annulled when he did not annul. He who said, that she should not risk bastardy, [is afraid that] her children will be bastards if she thought that he did not annul when he annulled, she goes and marries without a bill of divorce. If she thought that he annulled when he did not annul, another man comes and marries her preliminarily; the preliminary marriage is valid but she thinks it is invalid. She waits until her first husband dies, then she goes and marries [another man]; the result is that her children will be bastards. Rebbi Mana said, I went with a caravan and heard Rebbi Jacob bar Aḥa and Rebbi Immi in the name of Rebbi Simeon ben Laqish: That she should not risk bastardy. Rav Huna said, even the one who said that she should not remain anchored also agrees that she should not risk bastardy.
“Because of the public good.” They say in the name of Rebbi Simeon ben Laqish: That she should not risk bastardy. Some say in the name of Rebbi Simeon ben Laqish: That she should not remain anchored. He who said, that she should not remain anchored, [is afraid that] she turns out to be anchored if she thought that he annulled when he did not annul. He who said, that she should not risk bastardy, [is afraid that] her children will be bastards if she thought that he did not annul when he annulled, she goes and marries without a bill of divorce. If she thought that he annulled when he did not annul, another man comes and marries her preliminarily; the preliminary marriage is valid but she thinks it is invalid. She waits until her first husband dies, then she goes and marries [another man]; the result is that her children will be bastards. Rebbi Mana said, I went with a caravan and heard Rebbi Jacob bar Aḥa and Rebbi Immi in the name of Rebbi Simeon ben Laqish: That she should not risk bastardy. Rav Huna said, even the one who said that she should not remain anchored also agrees that she should not risk bastardy.
If he transgressed and annulled? Let us hear from the following: “If he annulled it is annulled, the words of Rebbi. Rabban Simeon ben Gamliel says, he can neither annul it nor add to his condition.” Rabban Simeon ben Gamliel says it correctly. What is the reason of Rebbi? It is the word of the Torah that he has the power to annul but they said, he shall not annul. Can their word uproot the words of the Torah? But is it not from the Torah that one may [give as heave] olives for oil and grapes for wine, but because of robbing the tribe they said not only that one may not give heave [in this way] but if he transgressed and gave, his heave is not heave. Rebbi Oshaia bar Abba said to Rebbi Yudan the Prince: Who could tell exactly what your ancestor meant?
If he transgressed and annulled? Let us hear from the following: “If he annulled it is annulled, the words of Rebbi. Rabban Simeon ben Gamliel says, he can neither annul it nor add to his condition.” Rabban Simeon ben Gamliel says it correctly. What is the reason of Rebbi? It is the word of the Torah that he has the power to annul but they said, he shall not annul. Can their word uproot the words of the Torah? But is it not from the Torah that one may [give as heave] olives for oil and grapes for wine, but because of robbing the tribe they said not only that one may not give heave [in this way] but if he transgressed and gave, his heave is not heave. Rebbi Oshaia bar Abba said to Rebbi Yudan the Prince: Who could tell exactly what your ancestor meant?
If he transgressed and annulled? Let us hear from the following: “If he annulled it is annulled, the words of Rebbi. Rabban Simeon ben Gamliel says, he can neither annul it nor add to his condition.” Rabban Simeon ben Gamliel says it correctly. What is the reason of Rebbi? It is the word of the Torah that he has the power to annul but they said, he shall not annul. Can their word uproot the words of the Torah? But is it not from the Torah that one may [give as heave] olives for oil and grapes for wine, but because of robbing the tribe they said not only that one may not give heave [in this way] but if he transgressed and gave, his heave is not heave. Rebbi Oshaia bar Abba said to Rebbi Yudan the Prince: Who could tell exactly what your ancestor meant?
If he sold him what was worth five for six; [the buyer] did not have time to ask around until it appreciated to be worth seven. Rebbi Jacob bar Idi, Rebbi Abbahu in the name of Rebbi Joḥanan: Since the sale is annulled for one, it also is annulled for the other. There, we have stated: “Four situations in sales. If he sold him high quality wheat and it turned out to be low quality, the buyer can annul the transaction. Low quality and it turned out to be high quality, the seller can annul the transaction.” [Therefore, the buyer cannot annul the transaction.] Rebbi Yose ben Rebbi Abun said, it follows this Tanna: “Nobody dealing in words only may one deliver to “Him Who exacted retribution”.
If he sold him what was worth five for six; [the buyer] did not have time to ask around until it appreciated to be worth seven. Rebbi Jacob bar Idi, Rebbi Abbahu in the name of Rebbi Joḥanan: Since the sale is annulled for one, it also is annulled for the other. There, we have stated: “Four situations in sales. If he sold him high quality wheat and it turned out to be low quality, the buyer can annul the transaction. Low quality and it turned out to be high quality, the seller can annul the transaction.” [Therefore, the buyer cannot annul the transaction.] Rebbi Yose ben Rebbi Abun said, it follows this Tanna: “Nobody dealing in words only may one deliver to “Him Who exacted retribution”.
If he sold him what was worth five for six; [the buyer] did not have time to ask around until it appreciated to be worth seven. Rebbi Jacob bar Idi, Rebbi Abbahu in the name of Rebbi Joḥanan: Since the sale is annulled for one, it also is annulled for the other. There, we have stated: “Four situations in sales. If he sold him high quality wheat and it turned out to be low quality, the buyer can annul the transaction. Low quality and it turned out to be high quality, the seller can annul the transaction.” [Therefore, the buyer cannot annul the transaction.] Rebbi Yose ben Rebbi Abun said, it follows this Tanna: “Nobody dealing in words only may one deliver to “Him Who exacted retribution”.
If he took a pledge and then returned it, by law he can collect from the property mortgaged to him. “But if he returns it, why does he take a pledge? Rebbi explained, for maybe there will be a Sabbatical year and annul [the debt]. Or maybe that one will die and leave the movables in the heir’s hand.”
MISHNAH: Four situations for sellers. If one contracted to sell high quality wheat and it turned out to be low quality, the buyer may annul the contract. Low quality and it turned out to be high quality, the seller may annul the contract. Low quality and it turned out to be low quality, high quality and it turned out to be high quality, neither of them may annul the contract. Brown grain and it turned out to be white grain, white grain and it turned out to be brown grain, olive wood and it turned out to be sycamore wood, sycamore wood and it turned out to be olive wood, wine and it turned out to be vinegar, vinegar and it turned out to be wine, either of them may annul the contract. If somebody sold produce to another and this one moved it without measuring, he took possession. If he was measuring without moving, he did not take possession. If he is intelligent, he rents its place. If somebody buys flax from another he he did not take possession until he moved it from place to place; but if it still was standing on the ground and he plucked anything, he took possession. If somebody sold wine or oil to another and it rose or fell in price, if it was before the measure was filled it is for the seller, after the measure was filled for the buyer. If a broker was involved and the amphora broke, it broke for the broker. He is obligated to let it drip three drops. If he tilted and emptied it, [the remainder] is for the seller. The grocer does not have to let it drip three drops. Rebbi Jehudah says, Friday evenings close to sundown he is not liable.
MISHNAH: Four situations for sellers. If one contracted to sell high quality wheat and it turned out to be low quality, the buyer may annul the contract. Low quality and it turned out to be high quality, the seller may annul the contract. Low quality and it turned out to be low quality, high quality and it turned out to be high quality, neither of them may annul the contract. Brown grain and it turned out to be white grain, white grain and it turned out to be brown grain, olive wood and it turned out to be sycamore wood, sycamore wood and it turned out to be olive wood, wine and it turned out to be vinegar, vinegar and it turned out to be wine, either of them may annul the contract. If somebody sold produce to another and this one moved it without measuring, he took possession. If he was measuring without moving, he did not take possession. If he is intelligent, he rents its place. If somebody buys flax from another he he did not take possession until he moved it from place to place; but if it still was standing on the ground and he plucked anything, he took possession. If somebody sold wine or oil to another and it rose or fell in price, if it was before the measure was filled it is for the seller, after the measure was filled for the buyer. If a broker was involved and the amphora broke, it broke for the broker. He is obligated to let it drip three drops. If he tilted and emptied it, [the remainder] is for the seller. The grocer does not have to let it drip three drops. Rebbi Jehudah says, Friday evenings close to sundown he is not liable.
MISHNAH: Four situations for sellers. If one contracted to sell high quality wheat and it turned out to be low quality, the buyer may annul the contract. Low quality and it turned out to be high quality, the seller may annul the contract. Low quality and it turned out to be low quality, high quality and it turned out to be high quality, neither of them may annul the contract. Brown grain and it turned out to be white grain, white grain and it turned out to be brown grain, olive wood and it turned out to be sycamore wood, sycamore wood and it turned out to be olive wood, wine and it turned out to be vinegar, vinegar and it turned out to be wine, either of them may annul the contract. If somebody sold produce to another and this one moved it without measuring, he took possession. If he was measuring without moving, he did not take possession. If he is intelligent, he rents its place. If somebody buys flax from another he he did not take possession until he moved it from place to place; but if it still was standing on the ground and he plucked anything, he took possession. If somebody sold wine or oil to another and it rose or fell in price, if it was before the measure was filled it is for the seller, after the measure was filled for the buyer. If a broker was involved and the amphora broke, it broke for the broker. He is obligated to let it drip three drops. If he tilted and emptied it, [the remainder] is for the seller. The grocer does not have to let it drip three drops. Rebbi Jehudah says, Friday evenings close to sundown he is not liable.
MISHNAH: Four situations for sellers. If one contracted to sell high quality wheat and it turned out to be low quality, the buyer may annul the contract. Low quality and it turned out to be high quality, the seller may annul the contract. Low quality and it turned out to be low quality, high quality and it turned out to be high quality, neither of them may annul the contract. Brown grain and it turned out to be white grain, white grain and it turned out to be brown grain, olive wood and it turned out to be sycamore wood, sycamore wood and it turned out to be olive wood, wine and it turned out to be vinegar, vinegar and it turned out to be wine, either of them may annul the contract. If somebody sold produce to another and this one moved it without measuring, he took possession. If he was measuring without moving, he did not take possession. If he is intelligent, he rents its place. If somebody buys flax from another he he did not take possession until he moved it from place to place; but if it still was standing on the ground and he plucked anything, he took possession. If somebody sold wine or oil to another and it rose or fell in price, if it was before the measure was filled it is for the seller, after the measure was filled for the buyer. If a broker was involved and the amphora broke, it broke for the broker. He is obligated to let it drip three drops. If he tilted and emptied it, [the remainder] is for the seller. The grocer does not have to let it drip three drops. Rebbi Jehudah says, Friday evenings close to sundown he is not liable.
Rebbi Samuel ben Rav Isaac said, watch it for it is otherwise. What do we say? Watch it, for it is not negligible. “Owner,” “owner.” Since the owner mentioned there is subject to annulment, so also here he is subject to annulment. The Sabbatical annuls things which are his hand’s loans and annuls the corresponding oaths; the Sabbatical does not annul things which are not his hand’s loans, nor does it annul the corresponding oaths. “For anything which the Sabbatical annuls it annuls the corresponding oath; anything which the Sabbatical does not annul it does not annul the corresponding oath.”
Rebbi Samuel ben Rav Isaac said, watch it for it is otherwise. What do we say? Watch it, for it is not negligible. “Owner,” “owner.” Since the owner mentioned there is subject to annulment, so also here he is subject to annulment. The Sabbatical annuls things which are his hand’s loans and annuls the corresponding oaths; the Sabbatical does not annul things which are not his hand’s loans, nor does it annul the corresponding oaths. “For anything which the Sabbatical annuls it annuls the corresponding oath; anything which the Sabbatical does not annul it does not annul the corresponding oath.”