aqiba

Rabban Gamliel disagrees with the Sages and acts upon his opinion? Did not Rebbi Meïr disagree with the Sages and not act upon his opinion, did not Rebbi Aqiba disagree with the Sages and not act upon his opinion?

So we find that Rebbi Aqiba disagreed with the Sages and did not act upon his opinion. As we have stated there (Mishnah Ahilot 2:6): “Spine and skull from two dead bodies, a limb composed of limbs of two dead bodies, limbs taken from two living persons, Rebbi Aqiba declares them to be impure and the Sages declare them to be pure.” We have stated: “It happened that they brought a chest full of bones from Kefar Tabi to Lod and deposited it in the open air [the courtyard] of the synagogue. Theodoros the physician entered and with him all physicians. Theodoros declared that there was no complete spine from one dead person and no complete skull from one dead person. They said: Since we have here some who declare this pure and others who declare it impure, let us vote upon it. They started with Rebbi Aqiba and he declared it to be pure. They said: Since you had declared it impure, but now you vote for it to be pure, it is pure.”

So we find that Rebbi Aqiba disagreed with the Sages and did not act upon his opinion. As we have stated there (Mishnah Ahilot 2:6): “Spine and skull from two dead bodies, a limb composed of limbs of two dead bodies, limbs taken from two living persons, Rebbi Aqiba declares them to be impure and the Sages declare them to be pure.” We have stated: “It happened that they brought a chest full of bones from Kefar Tabi to Lod and deposited it in the open air [the courtyard] of the synagogue. Theodoros the physician entered and with him all physicians. Theodoros declared that there was no complete spine from one dead person and no complete skull from one dead person. They said: Since we have here some who declare this pure and others who declare it impure, let us vote upon it. They started with Rebbi Aqiba and he declared it to be pure. They said: Since you had declared it impure, but now you vote for it to be pure, it is pure.”

So we find that Rebbi Aqiba disagreed with the Sages and did not act upon his opinion. As we have stated there (Mishnah Ahilot 2:6): “Spine and skull from two dead bodies, a limb composed of limbs of two dead bodies, limbs taken from two living persons, Rebbi Aqiba declares them to be impure and the Sages declare them to be pure.” We have stated: “It happened that they brought a chest full of bones from Kefar Tabi to Lod and deposited it in the open air [the courtyard] of the synagogue. Theodoros the physician entered and with him all physicians. Theodoros declared that there was no complete spine from one dead person and no complete skull from one dead person. They said: Since we have here some who declare this pure and others who declare it impure, let us vote upon it. They started with Rebbi Aqiba and he declared it to be pure. They said: Since you had declared it impure, but now you vote for it to be pure, it is pure.”

We have stated: Rebbi Yehudah said: It happened that once I was walking behind Rebbi Eleazar ben Azariah and Rebbi Aqiba when they were occupied with duties and time came to recite the Shema‘ and I got the opinion that maybe they had given up on reciting the Shema‘, so I recited it and went over my studies; but after that they started and the sun was already over the mountain tops.

Rebbi Yoḥanan was leaning on Rebbi Jacob bar Idi when Rebbi Eleazar saw him and hid himself before him. He said, these two things the Babylonian does to me: First, that he does not greet me, and second, that he does not teach the traditions in my name. He said to him, thus they behave among themselves; Zeïra did not greet Rabba since they observe (Job 29:8) “Boys see me and hide themselves.” As they were walking, he saw a Bet Midrash. He said to him: Here Rebbi Meïr sat and reported traditions in the name of Rebbi Ismaël but he never reported traditions in the name of Rebbi Aqiba. He answered: Everybody knows that Rebbi Meïr was the student of Rebbi Aqiba. He retorted, everybody knows that Rebbi Eleazar is the student of Rebbi Yoḥanan. May one pass by a cursed statue? He said to him, do you want to honor it? Pass it by and blind its eyes! He said to him, Rebbi Eleazar did well that he did not pass before you. He said: Rebbi Jacob bar Idi, you know how to pacify.

Rebbi Yoḥanan was leaning on Rebbi Jacob bar Idi when Rebbi Eleazar saw him and hid himself before him. He said, these two things the Babylonian does to me: First, that he does not greet me, and second, that he does not teach the traditions in my name. He said to him, thus they behave among themselves; Zeïra did not greet Rabba since they observe (Job 29:8) “Boys see me and hide themselves.” As they were walking, he saw a Bet Midrash. He said to him: Here Rebbi Meïr sat and reported traditions in the name of Rebbi Ismaël but he never reported traditions in the name of Rebbi Aqiba. He answered: Everybody knows that Rebbi Meïr was the student of Rebbi Aqiba. He retorted, everybody knows that Rebbi Eleazar is the student of Rebbi Yoḥanan. May one pass by a cursed statue? He said to him, do you want to honor it? Pass it by and blind its eyes! He said to him, Rebbi Eleazar did well that he did not pass before you. He said: Rebbi Jacob bar Idi, you know how to pacify.

It happened that one student came and asked Rebbi Joshua: What is about evening prayer? He said to him: It is voluntary. He asked Rabban Gamliel: What is about evening prayer? He said to him: It is obligatory. He said to him: But Rebbi Joshua told me that it was voluntary. He said to him: Tomorrow, when I enter the assembly hall, stand up and ask me about this practice. The next day, this student stood up and asked Rabban Gamliel: What is about evening prayer? He said to him: It is obligatory. He said to him: But Rebbi Joshua told me that it was voluntary. Rabban Gamliel said to Rebbi Joshua: Are you the one who says it is voluntary? He answered him: No. He said to him: Stand up on your feet so that they may testify against you. Then Rabban Gamliel was sitting down and lecturing while Rebbi Joshua was standing up until the people started talking and said to Rebbi Ḥuẓpit the interpreter: Send the people home. They said to Rebbi Zenon the ḥazan: Start! He said: Start! All the people stood up and said to him (Nahum 3:19): “Certainly, on whom did your evil not pass always?” They went and appointed Rebbi Eleazar ben Azariah to the Yeshivah when he was 16 years old; his head became all white. Rebbi Aqiba sat and was sad; he said, not that he is a greater Torah scholar than I am, but he comes from a greater family than I do; hail to the man whose forefathers created merit for him, hail to the man who has a peg to hang on to. What was Rebbi Eleazar ben Azariah’s peg? He was the tenth generation after Ezra. How many seats were there? Rebbi Jacob ben Sisi said: Eighty seats were there of accomplished scholars, not to count those standing behind the railing. Rebbi Yose ben Rebbi Abun said 300 were there, not to count those standing behind the railing. As we have stated there (Mishnah Zebaḥim 1:3) “On the day Rebbi Eleazar ben Azariah was appointed to the Academy.” There (Mishnah Ketubot 4:6) we have stated: “This inference did Rebbi Eleazar ben Azariah present before the sages at the vineyard of Jabneh.” Was there a vineyard? It means that the scholars sat there in rows like vines in a vineyard. Rabban Gamliel went immediately to pacify each one in his house. He came to Rebbi Joshua and found him occupied with the making of needles. He asked him: This is how you earn your living? He answered him: Until now you did not know? Woe to the generation whose caretaker you are! He said to him: I humble myself before you. They sent a washerman to Rebbi Eleazar ben Azariah, but some say that it was Rebbi Aqiba. He told him: The sprinkler, son of a sprinkler, should sprinkle. Should anyone who is neither a sprinkler nor the son of a sprinkler say to the sprinkler: your water is water from a cave and your ashes are ashes from a fireplace? He said to him: You made your peace with him! I and you shall go in the morning to Rabban Gamliel’s door. Nevertheless they did not remove him from his dignity but made him head of the court.

It happened that one student came and asked Rebbi Joshua: What is about evening prayer? He said to him: It is voluntary. He asked Rabban Gamliel: What is about evening prayer? He said to him: It is obligatory. He said to him: But Rebbi Joshua told me that it was voluntary. He said to him: Tomorrow, when I enter the assembly hall, stand up and ask me about this practice. The next day, this student stood up and asked Rabban Gamliel: What is about evening prayer? He said to him: It is obligatory. He said to him: But Rebbi Joshua told me that it was voluntary. Rabban Gamliel said to Rebbi Joshua: Are you the one who says it is voluntary? He answered him: No. He said to him: Stand up on your feet so that they may testify against you. Then Rabban Gamliel was sitting down and lecturing while Rebbi Joshua was standing up until the people started talking and said to Rebbi Ḥuẓpit the interpreter: Send the people home. They said to Rebbi Zenon the ḥazan: Start! He said: Start! All the people stood up and said to him (Nahum 3:19): “Certainly, on whom did your evil not pass always?” They went and appointed Rebbi Eleazar ben Azariah to the Yeshivah when he was 16 years old; his head became all white. Rebbi Aqiba sat and was sad; he said, not that he is a greater Torah scholar than I am, but he comes from a greater family than I do; hail to the man whose forefathers created merit for him, hail to the man who has a peg to hang on to. What was Rebbi Eleazar ben Azariah’s peg? He was the tenth generation after Ezra. How many seats were there? Rebbi Jacob ben Sisi said: Eighty seats were there of accomplished scholars, not to count those standing behind the railing. Rebbi Yose ben Rebbi Abun said 300 were there, not to count those standing behind the railing. As we have stated there (Mishnah Zebaḥim 1:3) “On the day Rebbi Eleazar ben Azariah was appointed to the Academy.” There (Mishnah Ketubot 4:6) we have stated: “This inference did Rebbi Eleazar ben Azariah present before the sages at the vineyard of Jabneh.” Was there a vineyard? It means that the scholars sat there in rows like vines in a vineyard. Rabban Gamliel went immediately to pacify each one in his house. He came to Rebbi Joshua and found him occupied with the making of needles. He asked him: This is how you earn your living? He answered him: Until now you did not know? Woe to the generation whose caretaker you are! He said to him: I humble myself before you. They sent a washerman to Rebbi Eleazar ben Azariah, but some say that it was Rebbi Aqiba. He told him: The sprinkler, son of a sprinkler, should sprinkle. Should anyone who is neither a sprinkler nor the son of a sprinkler say to the sprinkler: your water is water from a cave and your ashes are ashes from a fireplace? He said to him: You made your peace with him! I and you shall go in the morning to Rabban Gamliel’s door. Nevertheless they did not remove him from his dignity but made him head of the court.

MISHNAH: Rabban Gamliel says: Every day one prays eighteen benedictions; Rebbi Joshua says, similar to eighteen benedictions. Rebbi Aqiba says, if he is fluent in his prayer then he prays eighteen benedictions, otherwise similar to eighteen benedictions.

MISHNAH: One mentions the power of rains in “resurrection of the dead”; one prays for rain in the benediction “of years” and Havdalah in “He Who by His grace grants knowledge;” Rebbi Aqiba said: it is recited as separate fourth benediction; Rebbi Eliezer says, in “thanksgiving”.

HALAKHAH: It is written (Ps. 24:1): “The Eternal’s are the earth and what is in it, the dry land and its inhabitants.” He who profits from the world commits larceny until good deeds will permit him. Rebbi Abbahu said, it is written (Deut. 22:9) “Lest the fullness of the seed that you sow and the yield of the vineyard should be forbidden.” The entire world and its contents are like a vineyard. What is its redemption? The benediction. Rebbi Ḥizqiah, Rebbi Abun in the name of Rebbi Simeon ben Laqish: (Ps. 16:2) “Say to the Eternal, You are my Master, my good is only with You.” If you ate and recited the benedictions then it is as if you ate from your own. Another explanation: “My good is בל with you”, I am feeding My goodness to your body. Another explanation: “My good is בל with you”, all good things may be mixed together and come to you. Rebbi Aḥa said, what is “only with you?” I shall not bring any good things to the world without you. As it is said (Gen. 41:44) “Without you nobody may lift his hand.” Rebbi Ḥiyya stated: (Lev. 19:24) “Holy for praises”, this shows that it needs benediction before and after. From here did Rebbi Aqiba say that nobody should taste anything before he gives praise.

MISHNAH: One who ate figs, grapes, or pomegranates recites for them three benedictions, the words of Rabban Gamliel; but the Sagessay, one benediction imitating three. Rebbi Aqiba says, even if one ate cooked food and that is his meal he recites for it three benedictions. He who drinks water for his thirst says “By Whose word everything was created.” Rebbi Tarphon said, “Creator of many living things”.

HALAKHAH: Rebbi Simon, Rebbi Thaddeus, in the name of Rebbi Hoshaia: If one ate East of a fig tree and then changed to West of it to eat, he must make a benediction. Abba bar Rav Huna said: old wine, new wine, he has to recite a benediction. Change of wine he does not have to make a benediction. Change of place he has to make a benediction. If he took his mind off it is equal to change of place. Rebbi was reciting a benediction on any wine amphora that he was opening. What did he say? The old Rebbi Isaac in the name of Rebbi: “He Who is good and does good.” When Rebbi Aqiba was making a marriage feast for his son Simeon, he said a benediction over every wine amphora that he opened and said: “Good wine for the rabbis and their students.”

For Torah there is written a benediction before, but no benediction is written after. What is written before it? (Deut. 32:3) “For I am invoking the name of the Eternal, attribute greatness to our God.” For food there is written a benediction after, but no benediction is written before. What is written after it? (Deut. 8:10): “You will eat and be satiated, then you must praise”. From where that which is said about one on the other and vice-versa? Rebbi Samuel bar Naḥmani in the name of Rebbi Jonathan: The Name is mentioned in both verses as parallel expressions. Just as the Name that is mentioned concerning Torah implies a benediction before, so the Name that is mentioned concerning food implies a benediction before. And just as the Name that is mentioned concerning food implies a benediction after, so the Name that is mentioned concerning Torah implies a benediction after. That follows Rebbi Aqiba. What following Rebbi Ismael? Rebbi Yoḥanan in the name of Rebbi Ismael, an inference from the lesser to the greater. If food that needs no explicit benediction before, needs a benediction afterwards, regarding Torah that needs a benediction before, it is only logical that it should need a benediction afterwards. That works for Torah; what about food? If Torah that needs no benediction afterwards, needs a benediction before, regarding food that needs a benediction afterwards, it is only logical that it should need a benediction before. Rebbi Isaac and Rebbi Nathan say, (1Sam. 9:13): “For he will recite the benediction over the sacrifice and after that the invited guests will eat.” Rebbi Nathan said, (Ex. 23:24) “you shall serve the Eternal, your God and give praise for your bread and your water”; when is it called your bread and your water, before you eat. Rebbi said, if he has to give praise when he ate and is satiated, somuch more at a time when he is hungry for food. That is for food, what about Torah? If food, which sustains only temporary life, needs a benediction before and after, Torah, which sustains eternal life, so much more.

MISHNAH: How does one ‘invite’? If there are three, he says: let us praise. If there are three in addition to himself, he says: praise! If there are ten, he says: let us praise our God. If there are ten in addition to himself, he says: praise! There is no difference between ten and ten myriads. If there are a hundred, he says: let us praise the Eternal, our God. If there are a hundred in addition to himself, he says: praise! If there are a thousand, he says: let us praise the Eternal, our God, the God of Israel. If there are a thousand in addition to himself, he says: praise! If there are ten thousand, he says: let us praise the Eternal, our God, the God of Israel, God of Hosts, Who thrones over the Cherubim, for the food that we ate. Rebbi Yose the Galilean says, the praise has to be according to the multitude of the assembled, as it is said (Ps. 68:27): “In assemblies praise God, the Lord, from the root of Israel.” Rebbi Aqiba said, do we not find in the synagoge that one recites “Praise the Eternal” whether there are many or few? Rebbi Ismael says, “Praise the Eternal, the Praised One!”

Rav Ḥiyya bar Ashi rose to read in the Torah and said “Praise the Eternal,” he did not add “the Praised One!” They wanted to silence him. Rav said to them, let him, because he follows Rebbi Aqiba. Rebbi Zeïra rose to read as Cohen in place of a Levite and recited the benediction before and after. They wanted to silence him. Rav Hiyya bar Ashi said to them, let him, because that is their way of doing it.

Rebbi Aqiba was tortured before the evil Tineius Rufus. There came the time for reciting the Shema‘. He started to read and laughed. He said to him: Old man, you are either a sorcerer or one contemptuous of suffering. He said to him: The spirit of this man should be blown away; I am neither a sorcerer nor contemptuous of sufferings. But all my life I read this verse and said, when will I have occasion for these three (Deut. 6:5): “You must love the Eternal, your God, with all your heart, all your soul, and all your force.” I loved Him with all my heart. I loved Himwith all my money. But whether with all my soul I could not test. But now, when “with all your soul” came, the time of reciting the Shema‘ has arrived and my mind has not wavered, therefore I am reciting and laughing. He had not finished speaking when his soul flew away.

Neḥemiah from Emmaus served Rebbi Aqiba for 20 years and he taught him “את and גם mean additions, אך and רק mean exclusions.” He asked him: What means that which is written (Deut. 6:13) “את the Eternal, your God, you must fear.” He said to him, Him and His Torah.

It was stated: He who urinates turns his face towards North. He who spreads his feet turns his face towards South. Rebbi Yose bar Abun said, this baraita is from Mount Scopus towards the interior. Rebbi Aqiba says, everywhere but only where there is no wall. If was stated: He who spreads his feet should not face East with his back facing West but at an angle. Rebbi Yehudah says, when the Temple exists. Rebbi Yose said, from Mount Scopus towards the interior. Rebbi Aqiba says, everywhere but only where there is no wall.

It was stated: He who urinates turns his face towards North. He who spreads his feet turns his face towards South. Rebbi Yose bar Abun said, this baraita is from Mount Scopus towards the interior. Rebbi Aqiba says, everywhere but only where there is no wall. If was stated: He who spreads his feet should not face East with his back facing West but at an angle. Rebbi Yehudah says, when the Temple exists. Rebbi Yose said, from Mount Scopus towards the interior. Rebbi Aqiba says, everywhere but only where there is no wall.

Rebbi Aqiba said, I entered once after Rebbi Joshua to see the action. They asked him, what did you see? He said to them, I saw him sitting and his side was towards the West; he did not undress until he was sitting, he did not sit down before he rubbed, and he did not cleanse himself with his right hand but with his left hand. Simeon ben Azai also said so: I entered once after Rebbi Aqiba to see the action. They asked him, what did you see? Etc.

Rebbi Aqiba said, I entered once after Rebbi Joshua to see the action. They asked him, what did you see? He said to them, I saw him sitting and his side was towards the West; he did not undress until he was sitting, he did not sit down before he rubbed, and he did not cleanse himself with his right hand but with his left hand. Simeon ben Azai also said so: I entered once after Rebbi Aqiba to see the action. They asked him, what did you see? Etc.

There (Sanhedrin 10:1) we have stated: The following have no part in the Future World: He who says there is no resurrection of the dead, that the Torah is not from Heaven, and the Epicurean. Rebbi Aqiba says, also he who reads apocryphal books. And he who recites magical spells over a wound and says (Ex. 15:26): “Any disease that I put upon Egypt I shall not put on you because I am the Eternal, your Healer.” Abba Saul says, also he who pronounces the Name by its letters. They added him who tears away the yoke, him who breaks the Covenant, and him who finds aspects in the Torah to those who have no part in the Future World. He who breaks 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 Ḥanania Entanayah stated before Rebbi Mana: That is one who publicly transgresses the words of the Torah in the manner of Joiakim, king of Judah, and his circle.

MISHNAH: Forever he gives as peah and it is free from tithes until he smoothes. He may take from the threshing floor and sow and it is free from tithes until he smoothes. And he feeds domestic animals, wild animals, and fowl and is free from tithes until he smoothes, the words of Rebbi Aqiba. If a Cohen or a Levite bought all the grain of a threshing floor, the tithes belong to them until it was smoothed. He who dedicates to the Temple and then redeems is obligated for tithes unless it was smoothed by the Temple administrator.

It turns out that Rebbi Aqiba is like the stores of Bene Ḥanun as it has been stated: Why were the stores of Bene Hanun destroyed three years before the destruction of the Temple? Because they eliminated produce from the duty of tithes since they were inferring (Deut. 14:22) “You should certainly give tithes,” that excludes the buyer, (Deut. 14:23) “You should eat,” that excludes the vendor.

Rebbi Zeïra asked before Rebbi Yasa: If he intended to let them acquire from the boundary strip? He avoided answering him. The opinions of Rebbi Yasa are contradictory since we have stated there (Mishnah 3:2): “The sages agree with Rebbi Aqiba about someone who sowed dill or mustard in three places.” (The Mishnah means: dill in three places or mustard in three places.) Samuel said, because the first of them does not wait for the last. Rebbi Yasa in the name of Rebbi Joḥanan: Because they are usually sown in separate beds. And here he says so? It is obvious for him that it separates. What he could not decide is whether it does become sanctified as peah or maybe it does not become sanctified! Rebbi Hoshaiah stated: If someone gave peah from one field for another one, it does not acquire holiness. One understands that this means even the boundary strip.

MISHNAH: Rectangles of grain between olive trees: The House of Shammai say, peah from each single one, the House of Hillel say, from one for all of them. They agree that one gives one peah for all of them if the edges of the rows are touching. If someone harvests his field in spots and leaves moist stalks, Rebbi Aqiba says, peah from each spot, but the Sages say, from one for all of them. The Sages agree with Rebbi Aqiba that he who sows dill or mustard at three different places gives peah from each spot.

MISHNAH: Rectangles of grain between olive trees: The House of Shammai say, peah from each single one, the House of Hillel say, from one for all of them. They agree that one gives one peah for all of them if the edges of the rows are touching. If someone harvests his field in spots and leaves moist stalks, Rebbi Aqiba says, peah from each spot, but the Sages say, from one for all of them. The Sages agree with Rebbi Aqiba that he who sows dill or mustard at three different places gives peah from each spot.

Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: “Rebbi Meïr follows the argument of his teacher Rebbi Aqiba. Just as Rebbi Aqiba says that moist and dry are two different kinds, so Rebbi Meïr says that moist and dry are two different kinds.” The colleagues said before Rebbi Yose: Why should he argue like Rebbi Aqiba? He could argue even like the Rabbis since we have stated there (Mishnah 3:3): “He who rips out moist onions for the market and keeps dry ones for storage!” Rebbi Yose answered: We understand that market and storage make two kinds, are moist and dry two kinds?

Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: “Rebbi Meïr follows the argument of his teacher Rebbi Aqiba. Just as Rebbi Aqiba says that moist and dry are two different kinds, so Rebbi Meïr says that moist and dry are two different kinds.” The colleagues said before Rebbi Yose: Why should he argue like Rebbi Aqiba? He could argue even like the Rabbis since we have stated there (Mishnah 3:3): “He who rips out moist onions for the market and keeps dry ones for storage!” Rebbi Yose answered: We understand that market and storage make two kinds, are moist and dry two kinds?

Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: “Rebbi Meïr follows the argument of his teacher Rebbi Aqiba. Just as Rebbi Aqiba says that moist and dry are two different kinds, so Rebbi Meïr says that moist and dry are two different kinds.” The colleagues said before Rebbi Yose: Why should he argue like Rebbi Aqiba? He could argue even like the Rabbis since we have stated there (Mishnah 3:3): “He who rips out moist onions for the market and keeps dry ones for storage!” Rebbi Yose answered: We understand that market and storage make two kinds, are moist and dry two kinds?

Two kinds, half moist and half dry, even Rebbi Aqiba will agree. But did we not state: “The Sages agree with Rebbi Aqiba that he who sows dill and mustard at three different places …” It is so: Either dill at three places or mustard at three places. Samuel says, because the first one does not wait for the last one. Rebbi Yasa in the name of Rebbi Joḥanan: Because they usually are being sown bed by bed. According to Samuel, he has to give from each stalk; according to Rebbi Joḥanan he has to give from each bed.

Two kinds, half moist and half dry, even Rebbi Aqiba will agree. But did we not state: “The Sages agree with Rebbi Aqiba that he who sows dill and mustard at three different places …” It is so: Either dill at three places or mustard at three places. Samuel says, because the first one does not wait for the last one. Rebbi Yasa in the name of Rebbi Joḥanan: Because they usually are being sown bed by bed. According to Samuel, he has to give from each stalk; according to Rebbi Joḥanan he has to give from each bed.

MISHNAH: Rebbi Aqiba says: Any real estate is subject to peah and first fruits, to write a prozbol based on it, and to acquire simultaneously non-guaranteed property with money or contract or possession. If someone signs over his properties when bedridden and reserved for himself any real estate, his gift is permanent; if he did not reserve any real estate for himself, his gift is not permanent. If he signs over his properties to his sons and signs over some real estate for his wife, she lost her ketubah. Rebbi Yose says, if she accepted it, even if it was not in a written document, she lost her ketubah.

MISHNAH: One does not harvest peah with sickles and one does not uproot it with axes so that they should not injure one another. Three investigation periods are there during the day, in the morning, at noontime, and in the evening. Rabban Gamliel says, they decreed this only to say that one may not do less. Rebbi Aqiba says, they decreed this only to say that one may not do more. In Bet Namer they insisted on collecting along a rope and were giving peah from every strip.

“Rabban Gamliel says, they decreed this only to say that one may not do less;” if he wants to add, he may add. “Rebbi Aqiba says, they decreed this only to say that one may not do more;” does this mean that if he wants to give less frequently he may not do so?

Our Mishnah is from Rebbi Aqiba since Rebbi Aqiba said that you go after the first third. And they differed: A field that was one-third ripened in the possession of a Gentile, and a Jew bought it after that time, Rebbi Aqiba said it is free, but the Sages say he is obligated for the additional growth. How is that? Explain it for Rebbi Aqiba (after smoothing) [in a disagreement], or according to everybody if he harvested immediately.

Our Mishnah is from Rebbi Aqiba since Rebbi Aqiba said that you go after the first third. And they differed: A field that was one-third ripened in the possession of a Gentile, and a Jew bought it after that time, Rebbi Aqiba said it is free, but the Sages say he is obligated for the additional growth. How is that? Explain it for Rebbi Aqiba (after smoothing) [in a disagreement], or according to everybody if he harvested immediately.

Our Mishnah is from Rebbi Aqiba since Rebbi Aqiba said that you go after the first third. And they differed: A field that was one-third ripened in the possession of a Gentile, and a Jew bought it after that time, Rebbi Aqiba said it is free, but the Sages say he is obligated for the additional growth. How is that? Explain it for Rebbi Aqiba (after smoothing) [in a disagreement], or according to everybody if he harvested immediately.

Our Mishnah is from Rebbi Aqiba since Rebbi Aqiba said that you go after the first third. And they differed: A field that was one-third ripened in the possession of a Gentile, and a Jew bought it after that time, Rebbi Aqiba said it is free, but the Sages say he is obligated for the additional growth. How is that? Explain it for Rebbi Aqiba (after smoothing) [in a disagreement], or according to everybody if he harvested immediately.

The following Mishnah disagrees with him who says that he who may take may acquire, since we have stated there: “One tithe that I will measure in the future is given to Aqiba ben Joseph that he should let the poor acquire it, and its place is rented to him.” But is Rebbi Aqiba entitled to take? Explain it, before he got rich. And even if you say, after he became rich, when he was an administrator, and the hand of the administrator is equal to the hand of the poor.

The following Mishnah disagrees with him who says that he who may take may acquire, since we have stated there: “One tithe that I will measure in the future is given to Aqiba ben Joseph that he should let the poor acquire it, and its place is rented to him.” But is Rebbi Aqiba entitled to take? Explain it, before he got rich. And even if you say, after he became rich, when he was an administrator, and the hand of the administrator is equal to the hand of the poor.

MISHNAH: : What are gleanings? That which falls down at harvest time. If in harvesting he cut what his hands grabbed, or he uprooted a handful, when he was stung by a thorn and it fell to the ground, this belongs to the owner. From inside the hand and/or inside the sickle it belongs to the poor. From the back of his hand or the back of the sickle, it belongs to the owner. From fingertips and the tip of the sickle, Rebbi Ismael says, to the poor, Rebby Aqiba says, to the owner. Antholes inside the standing produce belong to the owner. In those appearing after the harvesters left, the tops are for the poor and the bottoms for the owner. Rebbi Meïr says, everything is for the poor because gleanings in doubt are gleanings.

Rebbi Yose said, nobody applied the law of forgotten sheaves to olive trees except Rebbi Aqiba, for he drew inferences from “behind you, behind you.” Then there should be no “forgotten sheaf” for olive trees following Rebbi Yose who does not draw inferences from “behind you.” They objected, is not a sheaf subject to “forgotten sheaves”, and there it is not written “behind you.” Since it is written (Deut. 24:19): “Do not return to take it,” it is as if “behind you” were written there.

MISHNAH: A vineyard that produces only gleanings, Rebbi Eliezer says, they are for the proprietor, Rebbi Aqiba says, for the poor. Rebbi Eliezer said (Deut. 24:21): “When you gather your grapes … do not take the gleanings after it.” If there is no vintage, where are the gleanings? Rebbi Aqiba told him (Lev. 19:10): “Do not take gleanings from your vineyard,” even if it is all gleanings. If that is so, why does it say “when you gather your grapes … do not take the gleanings after it;” the poor have no right to the gleanings before the vintage.

MISHNAH: A vineyard that produces only gleanings, Rebbi Eliezer says, they are for the proprietor, Rebbi Aqiba says, for the poor. Rebbi Eliezer said (Deut. 24:21): “When you gather your grapes … do not take the gleanings after it.” If there is no vintage, where are the gleanings? Rebbi Aqiba told him (Lev. 19:10): “Do not take gleanings from your vineyard,” even if it is all gleanings. If that is so, why does it say “when you gather your grapes … do not take the gleanings after it;” the poor have no right to the gleanings before the vintage.

Rebbi Aqiba certainly explains both verses. How does Rebbi Eliezer explain “do not take gleanings from your vineyard”? So you should not say that, since the poor have no rights before harvest time, the proprietor acquired rights to them, it is necessary to say “do not take gleanings from your vineyard.”

MISHNAH: One may not give to the poor from the threshing floor less than half a qab of wheat or a qab of barley; Rebbi Meïr says, half a qab. One and a half qab of spelt, a qab of dried figs or a mina of fig cake; Rebbi Aqiba says, half. Half a log of wine; Rebbi Aqiba says, a quarter. A quarter of a log of olive oil; Rebbi Aqiba says, an eighth. About all other produce, Abba Shaul says enough so he may sell it and buy food for two meals from the proceeds.

MISHNAH: One may not give to the poor from the threshing floor less than half a qab of wheat or a qab of barley; Rebbi Meïr says, half a qab. One and a half qab of spelt, a qab of dried figs or a mina of fig cake; Rebbi Aqiba says, half. Half a log of wine; Rebbi Aqiba says, a quarter. A quarter of a log of olive oil; Rebbi Aqiba says, an eighth. About all other produce, Abba Shaul says enough so he may sell it and buy food for two meals from the proceeds.

MISHNAH: One may not give to the poor from the threshing floor less than half a qab of wheat or a qab of barley; Rebbi Meïr says, half a qab. One and a half qab of spelt, a qab of dried figs or a mina of fig cake; Rebbi Aqiba says, half. Half a log of wine; Rebbi Aqiba says, a quarter. A quarter of a log of olive oil; Rebbi Aqiba says, an eighth. About all other produce, Abba Shaul says enough so he may sell it and buy food for two meals from the proceeds.

They wanted to appoint Rebbi Aqiba as provider. He said that he had to take counsel with his house. They followed him and heard him say: In order to be cursed, in order to be insulted.

Naḥum from Gimzo was carrying a gift to the house of his father-in-law when he met a person afflicted with boils who asked him, acquire merit from what you have on you. He said to him, when I shall return. He returned and found him dead. He said before him, his eyes which saw you and did not give to you shall go blind, his hands which did not stretch out to give to you shall be cut off, his feet which did not run to give to you shall be broken. This happened to him. Rebbi Aqiba came to visit him and said, woe to me that I see you in this state. He answered, woe to me that I do not see you in this state. He asked, why do you curse me? He answered, why are you contemptuous of suffering?

There, we have stated: “If a peruṭah of Temple property fell into somebody’s wallet, or if somebody said, a peruṭah in this wallet shall be Temple property,” it was stated that “with the first coin he committed probable larceny, with the second one certain larceny, the words of Rebbi Aqiba. But the Sages say, with any of them he committed probable larceny, except that with the last one he committed certain larceny.” Rebbi Yudan, the father of Rebbi Mattania said, that is, if there were ten coins. But if there were only two, with the first coin he committed probable larceny, with the second one certain larceny. Rebbi Simeon ben Laqish asked before Rebbi Joḥanan: What is the difference between him who says “in the wallet” and him who says “from the wallet?” Rebbi Simeon ben Laqish said, even if he spent the entire wallet he would not have committed larceny; just as you say ‘that he drank ṭevel retroactively,’ here also ‘retroactively he spent profane money.’ But here it depends on the act of separation. Rebbi Jonah said, in both cases it depends on the act of separation; it is as if he said, this wallet should not be freed from a peruṭah of Temple property. Rebbi Simeon ben Laqish’s argument is inverted. There, he says that one commits larceny with a peruṭah corresponding to the computation of three log. And here, he says so? After he asked, he returned and gave the simple answer.

MISHNAH: Turnips and naphew, cabbage and cauliflower, beets and orach, are not kilaim one with the other. Rebbi Aqiba added that garlic and dwarf garlic, onion and dwarf onion, lupine and wild lupine are not kilaim one with the other.

MISHNAH: It is permitted that a vertex of vegetables enter a field of other vegetables, since it is visibly the end of its field. If one’s field was sown with vegetables and he wants to plant in it a row of a different vegetable, Rebbi Ismael says, not unless he has an open furrow from one end of the field to the other. Rebbi Aqiba says, a length of six hand-breadths for a full width. Rebbi Jehudah says, the width must be the width of the sole of a foot.

What did Rebbi Ismael say about the width? Now if Rebbi Aqiba, who encloses it from three sides, requires a full width, Rebbi Ismael who encloses it by two rows, not so much more? What does Rebbi Ismael say about a row of vegetables in a grain field? Now if Rebbi Aqiba, who is more lenient here, is restrictive there, Rebbi Ismael, who is more restrictive here, certainly will be restrictive there! No, this is not necessarily so. What does Rebbi Ismael say there about width? As we say there, there is no difference between Rebbi Aqiba and Rebbi Ismael in matters of width.

What did Rebbi Ismael say about the width? Now if Rebbi Aqiba, who encloses it from three sides, requires a full width, Rebbi Ismael who encloses it by two rows, not so much more? What does Rebbi Ismael say about a row of vegetables in a grain field? Now if Rebbi Aqiba, who is more lenient here, is restrictive there, Rebbi Ismael, who is more restrictive here, certainly will be restrictive there! No, this is not necessarily so. What does Rebbi Ismael say there about width? As we say there, there is no difference between Rebbi Aqiba and Rebbi Ismael in matters of width.

What did Rebbi Ismael say about the width? Now if Rebbi Aqiba, who encloses it from three sides, requires a full width, Rebbi Ismael who encloses it by two rows, not so much more? What does Rebbi Ismael say about a row of vegetables in a grain field? Now if Rebbi Aqiba, who is more lenient here, is restrictive there, Rebbi Ismael, who is more restrictive here, certainly will be restrictive there! No, this is not necessarily so. What does Rebbi Ismael say there about width? As we say there, there is no difference between Rebbi Aqiba and Rebbi Ismael in matters of width.

MISHNAH: If one’s field was sown with onions and he desired to plant there rows of pumpkin, Rebbi Ismael says, he uproots two rows, plants one row, and leaves two rows of onion standing, uproots two rows, plants one row. Rebbi Aqiba says, he uproots two rows, plants two rows, and leaves two rows of onion standing, uproots two rows, plants two rows. But the Sages say, if between one row and the next is less than twelve [cubits], he should not keep the seeds in between.

HALAKHAH: (He who plants his vineyard, etc.). Cahana said, according to the words of Rebbi Ismael sometimes there are 16, sometimes 12, sometimes 8. When he gives all the working space in the interior, 16. Part interior and part exterior, 12. All exterior, 8. Samuel says, it always must be 12. We have stated thus: “It is determined according to the statements of both of them: Rebbi Ismael says 12, Rebbi Aqiba says 8.” Now, Rebbi Ismael says 12, and the rabbis say 12; in what do they disagree? Closing up! In the opinion of Rebbi Ismael one may not close up, but the rabbis say he may.

MISHNAH: If somebody was passing through a vineyard and accidentally dropped some seeds, or that seeds were brought there by manure or water, or someone sowed and the wind carried the seeds behind him, all this is permitted. If the wind carried the seeds before him, Rebbi Aqiba says, if they produce greenery it should be plowed under, if they are green stalks, they should be broken, if they produced grain it must be burned.

MISHNAH: What is a trellis? If somebody plants a row of five vines along a fence ten hand-breadths high or a ditch ten hand-breadths deep and four wide, one gives it four cubits working space. The House of Shammai say one measures four cubits between the stems of the vines and the field. The House of Hillel say, between fence and field. Rebbi Joḥanan ben Nuri said, anybody who affirms this is in error; if there are four cubits between the stems of the vines and the fence one gives it its working space and he may sow the rest. What is the working space of a vine? Six hand-breadths in every direction; Rabbi Aqiba says three.

Rebbi Jehudah in the name of Rav: Practice follows Rebbi Aqiba. Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: Practice outside the Land follows him who is lenient. Rebbi Jacob bar Aḥa said, there they stated: Practice outside the Land follows him who is lenient.

HALAKHAH: “He should not bring seeds over it,” therefore it is permitted on the side. What are we dealing with? If it is because of seeds in a tree, why are we dealing with a vine and not any tree? If it is because of working space, they should mention six. It might follow Rebbi Aqiba since Rebbi Aqiba says three. If it were following Rebbi Aqiba, it should mention three on the side. Rebbi Jeremiah in the name of Rebbi Ḥiyya bar Abba: It is because of seeds on top of a vine.

HALAKHAH: “He should not bring seeds over it,” therefore it is permitted on the side. What are we dealing with? If it is because of seeds in a tree, why are we dealing with a vine and not any tree? If it is because of working space, they should mention six. It might follow Rebbi Aqiba since Rebbi Aqiba says three. If it were following Rebbi Aqiba, it should mention three on the side. Rebbi Jeremiah in the name of Rebbi Ḥiyya bar Abba: It is because of seeds on top of a vine.

HALAKHAH: “He should not bring seeds over it,” therefore it is permitted on the side. What are we dealing with? If it is because of seeds in a tree, why are we dealing with a vine and not any tree? If it is because of working space, they should mention six. It might follow Rebbi Aqiba since Rebbi Aqiba says three. If it were following Rebbi Aqiba, it should mention three on the side. Rebbi Jeremiah in the name of Rebbi Ḥiyya bar Abba: It is because of seeds on top of a vine.

MISHNAH: If somebody draws his vine over somebody else’s grain it sanctifies and he is responsible for its alienation. Rebbi Yose and Rebbi Simeon say, nobody can sanctify anything that is not his. Rebbi Yose said, it happened that someone sowed in his vineyard in the Sabbatical year. When this came before Rebbi Aqiba, he said nobody can sanctify anything that is not his.

Rebbi Joḥanan said, everybody agrees that the grapes will be forbidden. Rebbi Eleazar said to him, what makes forbidden is not forbidden and what is not forbidden will be forbidden? They disagree if somebody draws his vine over somebody else’s grain. But if somebody draws a neighbor’s vine over his own grain, everybody agrees that what makes forbidden is forbidden. If somebody draws a neighbor’s vine over his neighbor’s grain we can understand from the following: “Rebbi Yose said, it happened that someone sowed in his vineyard in the Sabbatical year. When this came before Rebbi Aqiba, he said nobody can sanctify anything that is not his.” This was given as answer!

HALAKHAH: Following Ben Azai, one should shave them off. One found it stated: Rebbi Aqiba said, one should return them, Ben Azai said, one should shave them off.

HALAKHAH: “Kilaim in a vineyard are forbidden,” etc. It is written (Deut. 22:9): “Do not sow kilaim in your vineyard.” Not only sowing, how about keeping? The verse says, vineyard and no kilaim. Does this follow Rebbi Aqiba, for Rebbi Aqiba said that he who keeps [kilaim] transgresses a prohibition? Rebbi Yose said, it is the word of everybody. Everybody agrees that what is forbidden is forbidden if he did not preserve through an action, but if he preserved through an action he is whipped, as it is stated: He who covers kilaim is whipped.

HALAKHAH: “Kilaim in a vineyard are forbidden,” etc. It is written (Deut. 22:9): “Do not sow kilaim in your vineyard.” Not only sowing, how about keeping? The verse says, vineyard and no kilaim. Does this follow Rebbi Aqiba, for Rebbi Aqiba said that he who keeps [kilaim] transgresses a prohibition? Rebbi Yose said, it is the word of everybody. Everybody agrees that what is forbidden is forbidden if he did not preserve through an action, but if he preserved through an action he is whipped, as it is stated: He who covers kilaim is whipped.

Rebbi Joḥanan said in the name of Rebbi Yannai: He who covers kilaim is whipped. Rebbi Joḥanan said to him: Is that not a Mishnah? “Kilaim in a vineyard.” How are kilaim possible by ploughing? It must be by covering! Rebbi Yannai praised him (Is. 46:6:) “Those who pour out gold from the wallet, etc.” (Prov. 3:21) “My son, they should not be removed from your eyes,” (Prov. 9:9) “give to the wise that he shall become wiser,” let the wise listen “that he increase in knowledge.” Rebbi Simeon ben Laqish said, after all these praises I can explain it following Rebbi Aqiba since Rebbi Aqiba said that he who keeps [kilaim] transgresses a prohibition. Rebbi Aqiba said only that he transgresses, did he say to whip? Here we are dealing with whipping. Further, from what we have stated “Sabbatical year.” Can you say that the Sabbatical year follows Rebbi Aqiba? Explain the Sabbatical year following Rebbi Eleazar, as Rebbi Eleazar said, one whips because of ploughing in the Sabbatical. Rebbi Joḥanan said, one does not whip because of ploughing in the Sabbatical. What is the reason of Rebbi Eleazar? (Lev. 25:2) “The Land should keep a Sabbath for the Eternal,” a general statement. (Lev. 25:4) “Your field you should not sow, your vineyard you should not prune,” detail. Sowing and trimming were in the general statement, why were they detailed? To trap with them and to tell you that just as sowing and pruning are particular as agricultural work on the earth or on a tree, so everything that is agricultural work on the earth or on a tree [is forbidden]. How does Rebbi Joḥanan deal with this? They are two things and two things that are specified from a general notion divide. Does Rebbi Eleazar not hold that they divide? He holds that they do not divide but instruct. Does Rebbi Joḥanan not hold that they instruct? It is different here because the general statement is a positive commandment and the details are prohibitions; no positive commandment implies anything for a prohibition and no prohibition implies anything for a positive commandment.

Rebbi Joḥanan said in the name of Rebbi Yannai: He who covers kilaim is whipped. Rebbi Joḥanan said to him: Is that not a Mishnah? “Kilaim in a vineyard.” How are kilaim possible by ploughing? It must be by covering! Rebbi Yannai praised him (Is. 46:6:) “Those who pour out gold from the wallet, etc.” (Prov. 3:21) “My son, they should not be removed from your eyes,” (Prov. 9:9) “give to the wise that he shall become wiser,” let the wise listen “that he increase in knowledge.” Rebbi Simeon ben Laqish said, after all these praises I can explain it following Rebbi Aqiba since Rebbi Aqiba said that he who keeps [kilaim] transgresses a prohibition. Rebbi Aqiba said only that he transgresses, did he say to whip? Here we are dealing with whipping. Further, from what we have stated “Sabbatical year.” Can you say that the Sabbatical year follows Rebbi Aqiba? Explain the Sabbatical year following Rebbi Eleazar, as Rebbi Eleazar said, one whips because of ploughing in the Sabbatical. Rebbi Joḥanan said, one does not whip because of ploughing in the Sabbatical. What is the reason of Rebbi Eleazar? (Lev. 25:2) “The Land should keep a Sabbath for the Eternal,” a general statement. (Lev. 25:4) “Your field you should not sow, your vineyard you should not prune,” detail. Sowing and trimming were in the general statement, why were they detailed? To trap with them and to tell you that just as sowing and pruning are particular as agricultural work on the earth or on a tree, so everything that is agricultural work on the earth or on a tree [is forbidden]. How does Rebbi Joḥanan deal with this? They are two things and two things that are specified from a general notion divide. Does Rebbi Eleazar not hold that they divide? He holds that they do not divide but instruct. Does Rebbi Joḥanan not hold that they instruct? It is different here because the general statement is a positive commandment and the details are prohibitions; no positive commandment implies anything for a prohibition and no prohibition implies anything for a positive commandment.

Rebbi Joḥanan said in the name of Rebbi Yannai: He who covers kilaim is whipped. Rebbi Joḥanan said to him: Is that not a Mishnah? “Kilaim in a vineyard.” How are kilaim possible by ploughing? It must be by covering! Rebbi Yannai praised him (Is. 46:6:) “Those who pour out gold from the wallet, etc.” (Prov. 3:21) “My son, they should not be removed from your eyes,” (Prov. 9:9) “give to the wise that he shall become wiser,” let the wise listen “that he increase in knowledge.” Rebbi Simeon ben Laqish said, after all these praises I can explain it following Rebbi Aqiba since Rebbi Aqiba said that he who keeps [kilaim] transgresses a prohibition. Rebbi Aqiba said only that he transgresses, did he say to whip? Here we are dealing with whipping. Further, from what we have stated “Sabbatical year.” Can you say that the Sabbatical year follows Rebbi Aqiba? Explain the Sabbatical year following Rebbi Eleazar, as Rebbi Eleazar said, one whips because of ploughing in the Sabbatical. Rebbi Joḥanan said, one does not whip because of ploughing in the Sabbatical. What is the reason of Rebbi Eleazar? (Lev. 25:2) “The Land should keep a Sabbath for the Eternal,” a general statement. (Lev. 25:4) “Your field you should not sow, your vineyard you should not prune,” detail. Sowing and trimming were in the general statement, why were they detailed? To trap with them and to tell you that just as sowing and pruning are particular as agricultural work on the earth or on a tree, so everything that is agricultural work on the earth or on a tree [is forbidden]. How does Rebbi Joḥanan deal with this? They are two things and two things that are specified from a general notion divide. Does Rebbi Eleazar not hold that they divide? He holds that they do not divide but instruct. Does Rebbi Joḥanan not hold that they instruct? It is different here because the general statement is a positive commandment and the details are prohibitions; no positive commandment implies anything for a prohibition and no prohibition implies anything for a positive commandment.

Rebbi Joḥanan said in the name of Rebbi Yannai: He who covers kilaim is whipped. Rebbi Joḥanan said to him: Is that not a Mishnah? “Kilaim in a vineyard.” How are kilaim possible by ploughing? It must be by covering! Rebbi Yannai praised him (Is. 46:6:) “Those who pour out gold from the wallet, etc.” (Prov. 3:21) “My son, they should not be removed from your eyes,” (Prov. 9:9) “give to the wise that he shall become wiser,” let the wise listen “that he increase in knowledge.” Rebbi Simeon ben Laqish said, after all these praises I can explain it following Rebbi Aqiba since Rebbi Aqiba said that he who keeps [kilaim] transgresses a prohibition. Rebbi Aqiba said only that he transgresses, did he say to whip? Here we are dealing with whipping. Further, from what we have stated “Sabbatical year.” Can you say that the Sabbatical year follows Rebbi Aqiba? Explain the Sabbatical year following Rebbi Eleazar, as Rebbi Eleazar said, one whips because of ploughing in the Sabbatical. Rebbi Joḥanan said, one does not whip because of ploughing in the Sabbatical. What is the reason of Rebbi Eleazar? (Lev. 25:2) “The Land should keep a Sabbath for the Eternal,” a general statement. (Lev. 25:4) “Your field you should not sow, your vineyard you should not prune,” detail. Sowing and trimming were in the general statement, why were they detailed? To trap with them and to tell you that just as sowing and pruning are particular as agricultural work on the earth or on a tree, so everything that is agricultural work on the earth or on a tree [is forbidden]. How does Rebbi Joḥanan deal with this? They are two things and two things that are specified from a general notion divide. Does Rebbi Eleazar not hold that they divide? He holds that they do not divide but instruct. Does Rebbi Joḥanan not hold that they instruct? It is different here because the general statement is a positive commandment and the details are prohibitions; no positive commandment implies anything for a prohibition and no prohibition implies anything for a positive commandment.

HALAKHAH: “Ten saplings, etc.“Rebbi Zeïra, Rebbi La, Rebbi Yasa in the name of Rebbi Joḥanan: The “willow” is practice going back to Moses on Mount Sinai. This is against Abba Shaul, since Abba Shaul said the willow is a word of the Torah (Lev. 23:40): “Brook willows,” two. One willow for the lulab, the other willow for the Temple. Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan, willow and pouring of water are practice going back to Moses on Mount Sinai. This is against Rebbi Aqiba, since Rebbi Aqiba said the pouring of water is a word of the Torah. On the second day, (Num. 29:19) “and their libations.” On the sixth day, (Num. 29:31) “and its libations.” On the seventh day, (Num. 29:33) “and its rules.” מ י מ spells “water”. Rebbi Ḥiyya bar Abba asked before Rebbi Joḥanan, why does one now plough because of old trees? He said to him, when the practice was established it was given so that when they desired to plough they might plough.

HALAKHAH: “Ten saplings, etc.“Rebbi Zeïra, Rebbi La, Rebbi Yasa in the name of Rebbi Joḥanan: The “willow” is practice going back to Moses on Mount Sinai. This is against Abba Shaul, since Abba Shaul said the willow is a word of the Torah (Lev. 23:40): “Brook willows,” two. One willow for the lulab, the other willow for the Temple. Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan, willow and pouring of water are practice going back to Moses on Mount Sinai. This is against Rebbi Aqiba, since Rebbi Aqiba said the pouring of water is a word of the Torah. On the second day, (Num. 29:19) “and their libations.” On the sixth day, (Num. 29:31) “and its libations.” On the seventh day, (Num. 29:33) “and its rules.” מ י מ spells “water”. Rebbi Ḥiyya bar Abba asked before Rebbi Joḥanan, why does one now plough because of old trees? He said to him, when the practice was established it was given so that when they desired to plough they might plough.

MISHNAH: Saplings and gourds go together in a bet seah. Rabban Gamliel says, if there are ten gourds in a bet seah, one ploughs the entire bet seah until New Year’s Day. How long are they called saplings? Rebbi Eleazar ben Azariah said, until they become profane. Rebbi Joshua said, seven years. Rebbi Aqiba said, tree saplings when they are called so. A tree which was cut down and grows anew, if it was cut lower than one hand-breadth it is like a sapling, higher than a hand-breadth it is a tree, the words of Rebbi Simeon.

MISHNAH: Shoulder stones come from anywhere. The contractor may bring them from anywhere. These are shoulder stones: Any which cannot be taken up with one hand, the words of Rebbi Meïr. Rebbi Yose says shoulder stones are what their name indicates; all that can be carried on the shoulder by three’s or two’s. Somebody building a fence between his property and the public domain may dig down to the bedrock. What should he do with the soil? He makes heaps in the public domain and then uses it to improve [the public domain], the words of Rebbi Joshua. Rebbi Aqiba says, just as one may not damage the public domain, so one may not improve it. What should he do with the soil? He makes heaps on his own property in the way of those who manure. The same rule applies to somebody digging a cistern, a ditch, or a cave.

Is it the same on the intermediate days of a holiday? A Tanna was found who stated: “A person may collect wood, stones, and grasses on his own property, but only large pieces, in the way he may collect on somebody else’s property both large and small pieces, in a Sabbatical year but not during he intermediate days of a holiday.” Is it the same for stones? It was found stated “including stones”. “The heart knows whether it is straight or crooked.” Rebbi Yosah in the name of Menaḥem: Rebbi Aqiba followed his own rule. He saw a person pruning his vineyard. He said to him, is that not forbidden? He said to him, I need it to make basket weave. The heart knows whether it is for basket weave or for crookedness.

MISHNAH: If somebody cuts shoots of vines or cuts reeds, Rebbi Yose the Galilean says he leaves a hand-breadth but Rebbi Aqiba says he cuts as he is used to, with an axe, a sickle, or a saw, or anything he wants. In the Sabbatical year one may bind a tree that was split, not to heal it but to stop [the split] from widening.

: Rebbi Yose the Galilean follows the House of Shammai, Rebbi Aqiba follows the House of Hillel. Can we come to state that Rebbi Yose the Galilean follows the House of Shammai, Rebbi Aqiba follows the House of Hillel? But Rebbi Yose the Galilean worries about agricultural work.

: Rebbi Yose the Galilean follows the House of Shammai, Rebbi Aqiba follows the House of Hillel. Can we come to state that Rebbi Yose the Galilean follows the House of Shammai, Rebbi Aqiba follows the House of Hillel? But Rebbi Yose the Galilean worries about agricultural work.

There, we have stated (Mishnah ‘Uqeẓin 3:6): “Unripe figs and grapes, Rebbi Aqiba said they may become impure by the impurity of food; Rebbi Joḥanan ben Nuri said only after they come to the period of tithing.” We have stated here “immediately” but is it “not immediately”? Rebbi Ḥananiah in the name of Rebbi Simeon ben Laqish: The Mishnah speaks only about unripe figs, but unripe fruit of any other kind may not become impure by the impurity of food until it reaches the period of tithing. Rebbi Yose said, our Mishnah implies this: “Unripe figs when they started to be radiant one eats them with his bread in the field.” Rebbi Pedat in the name of Rebbi Joḥanan: Everybody agrees about the Sabbatical year. “Everybody agrees,” the colleagues said that the figs do not become impure by the impurity of food.

MISHNAH: One works in Syria what is plucked but not what is standing. One threshes, winnows, treads, and makes sheaves, but one harvests neither grain, nor grapes or olives. Rebbi Aqiba stated a rule: Everything that is permitted in the Land of Israel one does in Syria.

MISHNAH: One does not buy slaves, real estate, and unclean animals from Sabbatical money. If he bought them, he has to eat their worth. One does not bring nests for men with gonorrhea, women with discharges, or women who had given birth from Sabbatical money. If he bought them, he has to eat their worth. One does not rub vessels with Sabbatical oil. If he did, he has to eat its worth. Leather oiled with Sabbatical oil, Rebbi Eliezer said, should be burned, but the Sages say, one has to eat its worth. They said before Rebbi Aqiba: Rebbi Eliezer used to say that leather oiled with Sabbatical oil should be burned. He said to them: be silent! I shall not tell you what Rebbi Eliezer said about this. They also said before him: Rebbi Eliezer used to say that one who eats Samaritan bread is like one who eats pork. He said to them: be silent! I shall not tell you what Rebbi Eliezer said about this. One may bathe in a bathhouse heated with Sabbatical straw and chaff. If somebody considers himself an important person, he should not bathe there.

MISHNAH: One may pluck green grasses until the colocynth dries up, and collect dry ones until the second rainfall, leaves of reeds and vines until they fall off from their stems, and collect dry ones until the second rainfall. But Rebbi Aqiba says, all until the second rainfall. Similarly, if one rents out a house until the rains, that is until the second rainfall. If somebody makes a vow not to have any profit from another person until the rains, that is until the second rainfall. Until when may the poor enter orchards? Until the second rainfall. Until when may one use and burn Sabbatical straw and chaff? Until the second rainfall.

“When they sanctified the year at Usha, on the first day Rebbi Ismael, the son of Rebbi Joḥanan ben Baroqa led and recited following the opinion of Rebbi Joḥanan ben Nuri. Rabban Simeon ben Gamliel said, we did not follow this at Jabneh. On the second day, Rebbi Ḥananiah, the son of Rebbi Yose the Galilean led and recited following the opinion of Rebbi Aqiba. Rabban Simeon ben Gamliel said, this we did follow at Jabneh.” But does this not mean that they sanctified it on the first and the second day? Rebbi Zeïra in the name of Rav Ḥisda: That year was disorganized. What is “the first, the second”? Rebbi Abun in the name of Rav: The first year, the second year! But was it not stated: the first day, the second day?

MISHNAH: Partners who gave heave one after the other, Rebbi Aqiba says both of their heaves are heave. But the Sages say, the heave of the first one [only] is heave. Rebbi Yose says, if the first one gave the full measure of heave, then his heave is heave, but if the first one did not give the full measure of heave, then the heave of the second is heave. Where was this said? When he did not say anything. But if he empowered a member of his family, his slave, or his slave girl, their heave is heave. In case he revoked, if he revoked before heave was given, his heave is not heave. But if he revoked after heave was given, his heave is heave. Workers have no right to give heave except for those who press grapes because they make the wine press impure.

HALAKHAH: Where do we hold? If they assigned, even Rebbi Aqiba agrees. If they did not assign, even the rabbis will agree. But we assume they were silent. Rebbi Aqiba says, if they are silent they do not assign, but the rabbis hold that by being silent they will assign.

HALAKHAH: Where do we hold? If they assigned, even Rebbi Aqiba agrees. If they did not assign, even the rabbis will agree. But we assume they were silent. Rebbi Aqiba says, if they are silent they do not assign, but the rabbis hold that by being silent they will assign.

In the opinion of Rebbi Aqiba, the seah of the first one is half ṭevel and half heave containing undistributed tithes. The seah of the second is half heave and half total ṭevel. That does not seem necessary: may the half seah of the second free the half seah of the first? Let us hear from the following: Ariston brought produce, left some in the sack, and gave heave. The case came before Rebbi Yose; he said it is a standing assumption that he gave heave for everything.

MISHNAH: If somebody said to his agent: go and give heave, he gives heave following the intentions of the owner. If [the agent] does not know the intentions of the owner, he gives average heave, one in fifty. If he diminished by ten or added ten, his heave is heave, but if he intended to exceed [the owner’s intention] by even one, his heave is not heave. If somebody increases heave, Rebbi Eliezer says, up to one tenth like the heave of the tithe. The excess he should make heave of the tithe but not for another place. Rebbi Ismael says, half profane and half heave. Rebbi Ṭarphon and Rebbi Aqiba say more, but he must retain some profane produce.

MISHNAH: Rebbi Joshua says, black figs lift the white ones, and white ones the black. Large fig cakes lift small ones and small ones lift the large. Round fig cakes lift brick-shaped fig cakes and brick-shaped cakes lift round cakes. But Rebbi Eliezer forbids. Rebbi Aqiba says, if it is known what fell in, they do not lift one another, but if it is not known what fell in, they do lift one another. How is this? If there are 50 black figs and 50 white, if a black one fell, the black are forbidden but the white are permitted; if a white one fell, the white are forbidden but the black are permitted. If he does not know what fell, they lift one another. In the latter case, Rebbi Eliezer is stringent and Rebbi Joshua lenient. And so Rebbi Eliezer is lenient and Rebbi Joshua stringent in case somebody presses a pound of cut figs into the mouth of a pitcher and does not remember which. Rebbi Eliezer says, one considers it as if they were separate and the lower ones help to lift the upper ones. But Rebbi Joshua says one may not lift unless there are 100 pitchers.

“ “White ones lift the black.” Rebbi Eleazar said, Rebbi Eliezer answered Rebbi Joshua thus: Do white ones lift the black? His words say, when it is known what fell in they lift one another. Cahana said, they do not lift. In the opinion of Cahana, what is the difference between Rebbi Joshua and Rebbi Aqiba? When he had known but forgot. In the opinion of Rebbi Joshua he lifts, in the opinion of Rebbi Aqiba he does not lift. Simeon bar Abba in the name of Rebbi Joḥanan: That is only if one black one fell into two white ones, that it may be disregarded in a plurality. Rebbi Zeïra asked before Rebbi Mana: Would it not be reasonable [to say] into three so that if one of them is lost there still will be two? He said to him, that is also my opinion.

“ “White ones lift the black.” Rebbi Eleazar said, Rebbi Eliezer answered Rebbi Joshua thus: Do white ones lift the black? His words say, when it is known what fell in they lift one another. Cahana said, they do not lift. In the opinion of Cahana, what is the difference between Rebbi Joshua and Rebbi Aqiba? When he had known but forgot. In the opinion of Rebbi Joshua he lifts, in the opinion of Rebbi Aqiba he does not lift. Simeon bar Abba in the name of Rebbi Joḥanan: That is only if one black one fell into two white ones, that it may be disregarded in a plurality. Rebbi Zeïra asked before Rebbi Mana: Would it not be reasonable [to say] into three so that if one of them is lost there still will be two? He said to him, that is also my opinion.

Is Rebbi Eliezer stringent and Rebbi Joshua lenient in this case? Rebbi Joḥanan said, it is [a disagreement of] Tannaїm: “You must say that if it is known, it cannot be lifted, if it is not known it may be lifted, the words of Rebbi Eliezer. Rebbi Joshua says, whether it is known or unknown, it can be lifted, the words of Rebbi Meїr. Rebbi Jehudah says, whether it is known or unknown, it cannot be lifted, the words of Rebbi Eliezer; Rebbi Joshua says, whether it is known or unknown, it can be lifted. Rebbi Aqiba says, if it is known, it cannot be lifted; if it is unknown, it can be lifted.”

MISHNAH: One seah of heave which fell into the opening of a storage bin and congealed, Rebbi Eliezer says if the congealed part contains 100 seah it may be lifted by 101; Rebbi Joshua says, it should not be lifted [but] a seah of heave which fell into the opening of a storage bin one should compress. If this is so, why did they say, heave may be lifted in 101? If one does not know whether it was mixed in or where it fell. Two boxes, two storage bins, into one of which a seah of heave fell but it is not known into which one it fell, help to lift one another. Rebbi Simeon says, even if they are in two villages they help to lift one another. Rebbi Yose said: There came a case before Rebbi Aqiba about 50 bundles of vegetables into which one [bundle] fell half of which was heave, and I said before him that it should be lifted, not that heave might be lifted in 51 but that there were 102 halves.

It was stated: “If it is mixed, if may be lifted, unmixed it may not be lifted.” But did we not state: “Rebbi Yose said: There came a case before Rebbi Aqiba about 50 bundles of vegetables into which one [bundle] fell half of which was heave, and I said before him that it should be lifted,” in that case it is unmixed and may be lifted! We want to say that if he resents the admixture, it cannot be lifted but if he does not resent the admixture, it may be lifted. How is that? An impure green melon which fell into 100 pure ones, since he does not resent the admixture, may be lifted, but in case they were prepared for impurity, because then he resents the admixture, it may not be lifted.