arphon

MISHNAH: Rebbi Ṭarphon said: I was on the road and reclined to recite the Shema‘ following the school of Shammai. There I put myself in danger because of the robbers. They told him: It would have served you right to be in mortal danger since you transgressed the words of the school of Hillel.

MISHNAH: Rebbi Eliezer says, a plot of a bet rova‘ is obligated for peah. Rebbi Joshua says, if its yield is two seah. Rebbi Ṭarphon says, six by six hand-breadths. Rebbi Joshua ben Bathyra said, if it is enough to cut and cut a second time; practice follows his words.

HALAKHAH: What is the reason of Rebbi Eliezer? It says here “your field” and it says about kilaim “your field”. Just as “your field” mentioned there means a bet rova‘, so here it means bet rova‘. What is the reason of Rebbi Joshua? It says here “your field” and it says further on (Deut. 24:19): “You might forget a sheaf on the field.” Just as the field mentioned there means two, so here also two. What is the reason of Rebbi Ṭarphon? Six by six from a vegetable patch. “Rebbi Joshua ben Bathyra says, if it is enough to cut and cut a second time, and practice follows his words.” Does “harvesting” mean following the technique of harvesters, or is it any amount? Since it is written (Ps. 129:7): “The harvester did not fill his palm with it, nor the binder of sheaves his bosom,” that means that one follows the technique of harvesters.

Rebbi Ḥiyya bar Abin in the name of Rebbi Yose ben Ḥanina: Rebbi Simeon said, only for one box. If he handed over two boxes, one of them is demay and one is certain if they are still in existence; but if the first one was consumed, the second one is demay. If a hundred people took from him 100 seah at one time, each one puts his produce in order as demay. If they gave it all to one person, it should be considered as certain. If one person took many seot together, the first one is demay, the rest certain. If he then gave the rest to a hundred people, it should be considered as certain. Did we not state in the name of Rebbi Simeon in the name of Rebbi Ṭarphon: “They made the produce of this Jew like the produce of that Samaritan, demay.” That again is the same; Rebbi Simeon said, only for one box.

Rebbi Judah ben Pazi in the name of Rebbi Hoshaiah: Practice follows Rebbi Simeon. Otherwise, we would say, between Rebbi Meïr and Rebbi Simeon, practice does not follow Rebbi Simeon. But because it was stated: “Rebbi Simeon from Shezur said, once some produce that was ṭevel was mixed up with my produce. I asked Rebbi Ṭarphon, and he told me: Go and buy from a Gentile and tithe for it.” On that we have stated: “Rebbi Jehudah and Rebbi Simeon say, a Gentile may acquire real estate in the Land of Israel to free it from tithe.” Lest you think that this case has two opposed by two. Therefore, he had to say that practice follows Rebbi Simeon.

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.

Rebbi Judah bar Pazi asked: What say these Tannaïm about prohibitions and extirpation? Rebbi Yose said, that is a problem for the rabbis. Rebbi Jonah said, why can we not understand it from what Rebbi Simeon ben Ioḥai stated? As Rebbi Simeon ben Ioḥai stated: “Rebbi Ṭarphon says, extirpation was mentioned for the Sabbath and the Day of Atonement. Since for extirpation mentioned for the Sabbath there is no payment in a case involving the death penalty, so for extirpation mentioned for the Day of Atonement there is no payment in a case involving extirpation.” Rebbi Mana said before Rebbi Yose: When do we need this? For Rebbi Simeon ben Laqish! But for Rebbi Joḥanan, if he admits flogging in death penalty cases, certainly payment in extirpation cases. He said to him, we need it even for Rebbi Joḥanan! They disagreed: If somebody slaughters [an animal] and its young for idolatrous purposes. Rebbi Joḥanan says, if he was cautioned about an animal and its young, he is flogged, about idolatry, he is stoned to death. Rebbi Simeon ben Laqish said, even if he was cautioned about an animal and its young, he is not flogged since he would be stoned to death had he been cautioned about idolatry. Here are two cases, there it is one case.

Let us hear from the following: “It happened that the reservoir of Discus at Jabneh was damaged, measured, and found deficient. Rebbi Ṭarphon declared pure and Rebbi Aqiba impure. Rebbi Ṭarphon said, the prior status of this miqweh was one of purity; it remains forever in its purity until it becomes known that it is deficient. Rebbi Aqiba said, the prior status of the impure is impurity, he remains forever in his impurity until it becomes known that he is pure. Rebbi Ṭarphon said, to what can this be compared? To one who was standing sacrificing on the altar when it became known that he was the son of a divorcee or of a woman who had performed ḥaliẓah, whose work is valid. Rebbi Aqiba said, to what can this be compared? To one who was standing sacrificing on the altar when it became known that he has a bodily defect, whose work is invalid. Rebbi Ṭarphon said to him, how is that, Aqiba? I am comparing this to the son of a divorcee or of a woman who had performed ḥaliẓah, and you compare it to one with a bodily defect. Let us see to which case it really is similar; if to the son of a divorcee or of a woman who had performed ḥaliẓah, let us learn from the son of the divorcee, but if to one with a bodily defect, let us learn from the person with a bodily defect. Rebbi Aqiba said to him, the miqweh is invalid because of an inherent defect; the one with a bodily defect is disqualified because of an inherent defect. The son of a divorcee cannot prove anything since he is disqualified because of others. The miqweh is invalid because of itself, the one with a bodily defect is disqualified because of himself; the son of a divorcee cannot prove anything since he is disqualified by the court. They voted on the matter and declared him impure. Rebbi Ṭarphon said to Rebbi Aqiba, he who separates himself from you is as if he separated himself from his own life.”

Let us hear from the following: “It happened that the reservoir of Discus at Jabneh was damaged, measured, and found deficient. Rebbi Ṭarphon declared pure and Rebbi Aqiba impure. Rebbi Ṭarphon said, the prior status of this miqweh was one of purity; it remains forever in its purity until it becomes known that it is deficient. Rebbi Aqiba said, the prior status of the impure is impurity, he remains forever in his impurity until it becomes known that he is pure. Rebbi Ṭarphon said, to what can this be compared? To one who was standing sacrificing on the altar when it became known that he was the son of a divorcee or of a woman who had performed ḥaliẓah, whose work is valid. Rebbi Aqiba said, to what can this be compared? To one who was standing sacrificing on the altar when it became known that he has a bodily defect, whose work is invalid. Rebbi Ṭarphon said to him, how is that, Aqiba? I am comparing this to the son of a divorcee or of a woman who had performed ḥaliẓah, and you compare it to one with a bodily defect. Let us see to which case it really is similar; if to the son of a divorcee or of a woman who had performed ḥaliẓah, let us learn from the son of the divorcee, but if to one with a bodily defect, let us learn from the person with a bodily defect. Rebbi Aqiba said to him, the miqweh is invalid because of an inherent defect; the one with a bodily defect is disqualified because of an inherent defect. The son of a divorcee cannot prove anything since he is disqualified because of others. The miqweh is invalid because of itself, the one with a bodily defect is disqualified because of himself; the son of a divorcee cannot prove anything since he is disqualified by the court. They voted on the matter and declared him impure. Rebbi Ṭarphon said to Rebbi Aqiba, he who separates himself from you is as if he separated himself from his own life.”

Let us hear from the following: “It happened that the reservoir of Discus at Jabneh was damaged, measured, and found deficient. Rebbi Ṭarphon declared pure and Rebbi Aqiba impure. Rebbi Ṭarphon said, the prior status of this miqweh was one of purity; it remains forever in its purity until it becomes known that it is deficient. Rebbi Aqiba said, the prior status of the impure is impurity, he remains forever in his impurity until it becomes known that he is pure. Rebbi Ṭarphon said, to what can this be compared? To one who was standing sacrificing on the altar when it became known that he was the son of a divorcee or of a woman who had performed ḥaliẓah, whose work is valid. Rebbi Aqiba said, to what can this be compared? To one who was standing sacrificing on the altar when it became known that he has a bodily defect, whose work is invalid. Rebbi Ṭarphon said to him, how is that, Aqiba? I am comparing this to the son of a divorcee or of a woman who had performed ḥaliẓah, and you compare it to one with a bodily defect. Let us see to which case it really is similar; if to the son of a divorcee or of a woman who had performed ḥaliẓah, let us learn from the son of the divorcee, but if to one with a bodily defect, let us learn from the person with a bodily defect. Rebbi Aqiba said to him, the miqweh is invalid because of an inherent defect; the one with a bodily defect is disqualified because of an inherent defect. The son of a divorcee cannot prove anything since he is disqualified because of others. The miqweh is invalid because of itself, the one with a bodily defect is disqualified because of himself; the son of a divorcee cannot prove anything since he is disqualified by the court. They voted on the matter and declared him impure. Rebbi Ṭarphon said to Rebbi Aqiba, he who separates himself from you is as if he separated himself from his own life.”

Let us hear from the following: “It happened that the reservoir of Discus at Jabneh was damaged, measured, and found deficient. Rebbi Ṭarphon declared pure and Rebbi Aqiba impure. Rebbi Ṭarphon said, the prior status of this miqweh was one of purity; it remains forever in its purity until it becomes known that it is deficient. Rebbi Aqiba said, the prior status of the impure is impurity, he remains forever in his impurity until it becomes known that he is pure. Rebbi Ṭarphon said, to what can this be compared? To one who was standing sacrificing on the altar when it became known that he was the son of a divorcee or of a woman who had performed ḥaliẓah, whose work is valid. Rebbi Aqiba said, to what can this be compared? To one who was standing sacrificing on the altar when it became known that he has a bodily defect, whose work is invalid. Rebbi Ṭarphon said to him, how is that, Aqiba? I am comparing this to the son of a divorcee or of a woman who had performed ḥaliẓah, and you compare it to one with a bodily defect. Let us see to which case it really is similar; if to the son of a divorcee or of a woman who had performed ḥaliẓah, let us learn from the son of the divorcee, but if to one with a bodily defect, let us learn from the person with a bodily defect. Rebbi Aqiba said to him, the miqweh is invalid because of an inherent defect; the one with a bodily defect is disqualified because of an inherent defect. The son of a divorcee cannot prove anything since he is disqualified because of others. The miqweh is invalid because of itself, the one with a bodily defect is disqualified because of himself; the son of a divorcee cannot prove anything since he is disqualified by the court. They voted on the matter and declared him impure. Rebbi Ṭarphon said to Rebbi Aqiba, he who separates himself from you is as if he separated himself from his own life.”

Let us hear from the following: “It happened that the reservoir of Discus at Jabneh was damaged, measured, and found deficient. Rebbi Ṭarphon declared pure and Rebbi Aqiba impure. Rebbi Ṭarphon said, the prior status of this miqweh was one of purity; it remains forever in its purity until it becomes known that it is deficient. Rebbi Aqiba said, the prior status of the impure is impurity, he remains forever in his impurity until it becomes known that he is pure. Rebbi Ṭarphon said, to what can this be compared? To one who was standing sacrificing on the altar when it became known that he was the son of a divorcee or of a woman who had performed ḥaliẓah, whose work is valid. Rebbi Aqiba said, to what can this be compared? To one who was standing sacrificing on the altar when it became known that he has a bodily defect, whose work is invalid. Rebbi Ṭarphon said to him, how is that, Aqiba? I am comparing this to the son of a divorcee or of a woman who had performed ḥaliẓah, and you compare it to one with a bodily defect. Let us see to which case it really is similar; if to the son of a divorcee or of a woman who had performed ḥaliẓah, let us learn from the son of the divorcee, but if to one with a bodily defect, let us learn from the person with a bodily defect. Rebbi Aqiba said to him, the miqweh is invalid because of an inherent defect; the one with a bodily defect is disqualified because of an inherent defect. The son of a divorcee cannot prove anything since he is disqualified because of others. The miqweh is invalid because of itself, the one with a bodily defect is disqualified because of himself; the son of a divorcee cannot prove anything since he is disqualified by the court. They voted on the matter and declared him impure. Rebbi Ṭarphon said to Rebbi Aqiba, he who separates himself from you is as if he separated himself from his own life.”

HALAKHAH: There, we have stated: “If a vine is planted in the courtyard, one may take an entire bunch, and similarly for pomegranate and water melon, the words of Rebbi Ṭarphon.” Rebbi Zeïra, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: Rebbi Ṭarphon says following Rebbi Eliezer. Rebbi Ṭarphon says, one makes the cut of food equal to its start. Rebbi Illa, Rebbi Assi in the name of Rebbi Joḥanan: Either Rebbi Ṭarphon follows Rebbi Eliezer or Rebbi Ṭarphon makes a meal consisting of two or three snacks equal to one snack. What is the reason of Rebbi Eliezer? Because he started with permission. It was stated: “Rebbi Nathan said, not that Rebbi Eliezer said because he started with permission but Rebbi Eliezer holds he should wait until the end of the Sabbath or he should leave the courtyard again and finish.”

HALAKHAH: There, we have stated: “If a vine is planted in the courtyard, one may take an entire bunch, and similarly for pomegranate and water melon, the words of Rebbi Ṭarphon.” Rebbi Zeïra, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: Rebbi Ṭarphon says following Rebbi Eliezer. Rebbi Ṭarphon says, one makes the cut of food equal to its start. Rebbi Illa, Rebbi Assi in the name of Rebbi Joḥanan: Either Rebbi Ṭarphon follows Rebbi Eliezer or Rebbi Ṭarphon makes a meal consisting of two or three snacks equal to one snack. What is the reason of Rebbi Eliezer? Because he started with permission. It was stated: “Rebbi Nathan said, not that Rebbi Eliezer said because he started with permission but Rebbi Eliezer holds he should wait until the end of the Sabbath or he should leave the courtyard again and finish.”

HALAKHAH: There, we have stated: “If a vine is planted in the courtyard, one may take an entire bunch, and similarly for pomegranate and water melon, the words of Rebbi Ṭarphon.” Rebbi Zeïra, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: Rebbi Ṭarphon says following Rebbi Eliezer. Rebbi Ṭarphon says, one makes the cut of food equal to its start. Rebbi Illa, Rebbi Assi in the name of Rebbi Joḥanan: Either Rebbi Ṭarphon follows Rebbi Eliezer or Rebbi Ṭarphon makes a meal consisting of two or three snacks equal to one snack. What is the reason of Rebbi Eliezer? Because he started with permission. It was stated: “Rebbi Nathan said, not that Rebbi Eliezer said because he started with permission but Rebbi Eliezer holds he should wait until the end of the Sabbath or he should leave the courtyard again and finish.”

HALAKHAH: There, we have stated: “If a vine is planted in the courtyard, one may take an entire bunch, and similarly for pomegranate and water melon, the words of Rebbi Ṭarphon.” Rebbi Zeïra, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: Rebbi Ṭarphon says following Rebbi Eliezer. Rebbi Ṭarphon says, one makes the cut of food equal to its start. Rebbi Illa, Rebbi Assi in the name of Rebbi Joḥanan: Either Rebbi Ṭarphon follows Rebbi Eliezer or Rebbi Ṭarphon makes a meal consisting of two or three snacks equal to one snack. What is the reason of Rebbi Eliezer? Because he started with permission. It was stated: “Rebbi Nathan said, not that Rebbi Eliezer said because he started with permission but Rebbi Eliezer holds he should wait until the end of the Sabbath or he should leave the courtyard again and finish.”

HALAKHAH: There, we have stated: “If a vine is planted in the courtyard, one may take an entire bunch, and similarly for pomegranate and water melon, the words of Rebbi Ṭarphon.” Rebbi Zeïra, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: Rebbi Ṭarphon says following Rebbi Eliezer. Rebbi Ṭarphon says, one makes the cut of food equal to its start. Rebbi Illa, Rebbi Assi in the name of Rebbi Joḥanan: Either Rebbi Ṭarphon follows Rebbi Eliezer or Rebbi Ṭarphon makes a meal consisting of two or three snacks equal to one snack. What is the reason of Rebbi Eliezer? Because he started with permission. It was stated: “Rebbi Nathan said, not that Rebbi Eliezer said because he started with permission but Rebbi Eliezer holds he should wait until the end of the Sabbath or he should leave the courtyard again and finish.”

MISHNAH: If somebody sows heave in error it should be ploughed under; if intentionally it must be kept. If it is one third ripe it must be kept, whether in error or intentionally. But flax must be ploughed under when [sown] intentionally. But it is subject to gleanings, forgotten sheaves, and peah. Israel poor and poor Cohanim collect; the Israel poor must sell to the Cohanim poor for the value of heave but the proceeds are theirs. Rebbi Ṭarphon says, only Cohanim poor may collect; maybe they would forget and put some in their mouths. Rebbi Aqiba said to him, if that is so, then only pure persons should collect. Also, it is subject to tithe and the tithe of the poor. Poor Israel and poor Cohanim may take; the poor Israel must sell to Cohanim for the value of heave but the proceeds are theirs. He who flails is praiseworthy; he who threshes, what shall he do? He hangs baskets over the neck of the animal and fills it from the same kind. In that way, he will not muzzle the animal or feed it heave.

It was stated: “The wife of a vulgar may grind with the wife of a Fellow when she is impure. But when she is pure she should not grind, for she will hold herself more pure that the other.” Following the words of Rebbi Ṭarphon she should not grind even when she is impure lest she forget and put some into her mouth!

MISHNAH: From a fig tree standing in a courtyard, one may eat one by one and if he took them together he is obligated. Rebbi Simeon says, one in his right hand, one in his left hand, and one in his mouth. If he climbed to the top of the tree he may fill the fold of his toga and eat. From a vine planted in a courtyard one may take an entire bunch; the same holds for a pomegranate and a watermelon, the words of Rebbi Ṭarphon. Rebbi Aqiba says, he takes single grape berries, single seeds of a pomegranate, and picks from the watermelon. Of coriander sown in the courtyard he snips off leaf by leaf and eats; when he takes them together they are obligated. Calamint, hyssop, and thyme in the courtyard are obligated if they are guarded. If a fig tree was standing in a courtyard but its crown was hanging over a vegetable garden, one eats as usual and is free. If it was standing in a vegetable garden but its crown was hanging over a courtyard, one eats one by one and if he takes them together he is obligated. If it was standing in the Land and hanging over outside the Land or standing outside the Land and hanging over the Land, everything is determined by the stem. For houses of walled cities, everything is determined by the stem. For cities of refuge, all goes by the crown, for Jerusalem all goes by the crown.

There, we have stated: “If he was eating a bunch of grapes and entered into the courtyard from the garden. Rebbi Eliezer said, he should finish, but Rebbi Joshua said, he should not finish.” Rebbi Zeїra in the name of Rebbi Joḥanan: Either Rebbi Ṭarphon says following Rebbi Eliezer or Rebbi Ṭarphon says, one makes the cut of food equal to its start. Rebbi Illa, Rebbi Assi in the name of Rebbi Joḥanan: Either Rebbi Ṭarphon follows Rebbi Eliezer or Rebbi Ṭarphon makes one snack containing two or three snacks equal to one snack. What is the reason of Rebbi Eliezer? Because he started with permission. It was stated: “Rebbi Nathan said, not that Rebbi Eliezer said because he started with permission but Rebbi Eliezer holds he should wait until the end of the Sabbath or he should leave the courtyard again and finish.”

There, we have stated: “If he was eating a bunch of grapes and entered into the courtyard from the garden. Rebbi Eliezer said, he should finish, but Rebbi Joshua said, he should not finish.” Rebbi Zeїra in the name of Rebbi Joḥanan: Either Rebbi Ṭarphon says following Rebbi Eliezer or Rebbi Ṭarphon says, one makes the cut of food equal to its start. Rebbi Illa, Rebbi Assi in the name of Rebbi Joḥanan: Either Rebbi Ṭarphon follows Rebbi Eliezer or Rebbi Ṭarphon makes one snack containing two or three snacks equal to one snack. What is the reason of Rebbi Eliezer? Because he started with permission. It was stated: “Rebbi Nathan said, not that Rebbi Eliezer said because he started with permission but Rebbi Eliezer holds he should wait until the end of the Sabbath or he should leave the courtyard again and finish.”

There, we have stated: “If he was eating a bunch of grapes and entered into the courtyard from the garden. Rebbi Eliezer said, he should finish, but Rebbi Joshua said, he should not finish.” Rebbi Zeїra in the name of Rebbi Joḥanan: Either Rebbi Ṭarphon says following Rebbi Eliezer or Rebbi Ṭarphon says, one makes the cut of food equal to its start. Rebbi Illa, Rebbi Assi in the name of Rebbi Joḥanan: Either Rebbi Ṭarphon follows Rebbi Eliezer or Rebbi Ṭarphon makes one snack containing two or three snacks equal to one snack. What is the reason of Rebbi Eliezer? Because he started with permission. It was stated: “Rebbi Nathan said, not that Rebbi Eliezer said because he started with permission but Rebbi Eliezer holds he should wait until the end of the Sabbath or he should leave the courtyard again and finish.”

There, we have stated: “If he was eating a bunch of grapes and entered into the courtyard from the garden. Rebbi Eliezer said, he should finish, but Rebbi Joshua said, he should not finish.” Rebbi Zeїra in the name of Rebbi Joḥanan: Either Rebbi Ṭarphon says following Rebbi Eliezer or Rebbi Ṭarphon says, one makes the cut of food equal to its start. Rebbi Illa, Rebbi Assi in the name of Rebbi Joḥanan: Either Rebbi Ṭarphon follows Rebbi Eliezer or Rebbi Ṭarphon makes one snack containing two or three snacks equal to one snack. What is the reason of Rebbi Eliezer? Because he started with permission. It was stated: “Rebbi Nathan said, not that Rebbi Eliezer said because he started with permission but Rebbi Eliezer holds he should wait until the end of the Sabbath or he should leave the courtyard again and finish.”

MISHNAH: Rebbi Simeon says, one does not rub himself with oil of Second Tithe in Jerusalem but the Sages permit it. They said to Rebbi Simeon, if He made it easy for the important heave, should we not be lenient for the lightweight Second Tithe? He said to them, this is no good. He was lenient for the important heave as He was lenient for vetch and fenugreek; how can we be lenient for Second Tithe where He was not lenient for vetch and fenugreek? Fenugreek of Second Tithe should be eaten as sprouts. Of Heave, the House of Shammai say it must always be handled in purity except for shampooing. But the House of Hillel say, it may be handled in impurity except in soaking. Vetch of Second Tithe should be eaten as sprouts; it may enter Jerusalem and leave. If it became impure, Rebbi Ṭarphon says it should be divided into pieces of dough, but the Sages say it should be redeemed. If it is heave, the House of Shammai say, one soaks and cleans in purity and feeds in impurity, but the House of Hillel say, one soaks in purity and cleans and feeds in impurity. Shammai says, it should be eaten dry. Rebbi Aqiba says, all its processing is done in impurity.

Rebbi Gorion in the name of Rebbi Yose ben Ḥanina: Rebbi Ṭarphon implies that one may not redeem sanctified food to feed it to the dogs. Rebbi Yose said, it seems reasonable that anything which can be human food cannot be redeemed to be fed to animals, but anything which is not human food can be redeemed to be fed to animals.

Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joshua ben Levi: Nothing is clear except the seven fluids. Rebbi Yose asked: Was this said for ḥallah or for impurity? If you say for ḥallah, so much more for impurity. If you say for impurity, then not for ḥallah. It is obvious for Rebbi Jonah that it had been said for ḥallah, so much more for impurity. Rebbi Jonah sticks to his opinion, for Rebbi Jonah stated from Rebbi Simeon ben Ioḥai; Rebbi Joshua ben Levi stated in Rebbi Simeon ben Ioḥai’s name, as Rebbi Simeon ben Ioḥai stated: Rebbi Ṭarphon said, it is stated here ḥallah, and it is stated there, a ḥallah of oil cake. Since the ḥallah mentioned there is prepared with oil, so the ḥallah prepared here must be prepared with oil. And oil is one of the seven fluids.

HALAKHAH: “A rabbi who forbade a woman to her husband because of a vow”, etc. “A rabbi who forbade a woman to her husband because of a vow cannot marry her.” I would say, that was his intention from the start. “If she repudiated or performed ḥalîṣah before him he may marry her since he acts as a court”, because two will not usually sin for the benefit of a third. There, we have stated: “If somebody deposits fruit with another person, that one should not touch it even if it spoils. Rabban Simeon ben Gamliel said, he shall sell it under the supervision of a court because one is obliged to return a find to its owners.” Rebbi Abba bar Jacob said in the name of Rebbi Joḥanan, practice follows Rabban Simeon ben Gamliel. What does one do with the money? Rav Jehudah said, the disagreement of Rebbi Aqiba and Rebbi Ṭarphon. It is a condition that the members of the court cannot buy. Rebbi Aqiba said, Rebbi Ḥiyya ben Rebbi Sabbatai asked: Here, you say, “if she repudiated or performed ḥalîṣah before him he may marry her since he acts as a court,” and here, you say so? Rebbi Yose said, there, the buy could be in thirds, but here, two will not usually sin for the benefit of a third.

“Except the widow because of her mourning.” How much does mourning last? Thirty days. That is, for women. But for men, three holidays. If he has children; but if he does not have children immediately. If he has somebody to serve him; but if he has nobody to serve him, immediately. If he does not have small children; but if he has small children, immediately, as in the following: It happened that Rebbi Ṭarphon’s wife died. While he still was in the cemetery, he said to her sister: Come into my house and raise your sister’s children. Even though he married her, he did not know her until 30 days had passed.

May one apply a trick? Did Rebbi Ṭarphon, the father of all of Israel, not apply a trick? He gave qiddushin to 300 women in times of famine to let them eat heave! There, every one of them was able to eat heave. But here, is each one able to perform levirate? Rebbi Yudan the son of Rebbi Ismael: One deals with him is such a way.

Was our Mishnah [formulated] after Rebbi Aqiba agreed with Rebbi Ṭarphon? As it was stated: Rebbi Ṭarphon says, a single witness is believed to declare her impure but not to let her lose her ketubah. Rebbi Aqiba says, just as a single witness is believed to declare her impure, so he is believed to let her lose her ketubah. Rebbi Ṭarphon said to him: Where do we find that a single witness proves anything in money matters? Rebbi Aqiba answered him, but where do we find that a single witness proves anything in matrimonial matters? But just as a single witness is believed to declare her impure, so he is believed to let her lose her ketubah. Rebbi Aqiba changed his mind and taught following Rebbi Ṭarphon.

Was our Mishnah [formulated] after Rebbi Aqiba agreed with Rebbi Ṭarphon? As it was stated: Rebbi Ṭarphon says, a single witness is believed to declare her impure but not to let her lose her ketubah. Rebbi Aqiba says, just as a single witness is believed to declare her impure, so he is believed to let her lose her ketubah. Rebbi Ṭarphon said to him: Where do we find that a single witness proves anything in money matters? Rebbi Aqiba answered him, but where do we find that a single witness proves anything in matrimonial matters? But just as a single witness is believed to declare her impure, so he is believed to let her lose her ketubah. Rebbi Aqiba changed his mind and taught following Rebbi Ṭarphon.

Was our Mishnah [formulated] after Rebbi Aqiba agreed with Rebbi Ṭarphon? As it was stated: Rebbi Ṭarphon says, a single witness is believed to declare her impure but not to let her lose her ketubah. Rebbi Aqiba says, just as a single witness is believed to declare her impure, so he is believed to let her lose her ketubah. Rebbi Ṭarphon said to him: Where do we find that a single witness proves anything in money matters? Rebbi Aqiba answered him, but where do we find that a single witness proves anything in matrimonial matters? But just as a single witness is believed to declare her impure, so he is believed to let her lose her ketubah. Rebbi Aqiba changed his mind and taught following Rebbi Ṭarphon.

Was our Mishnah [formulated] after Rebbi Aqiba agreed with Rebbi Ṭarphon? As it was stated: Rebbi Ṭarphon says, a single witness is believed to declare her impure but not to let her lose her ketubah. Rebbi Aqiba says, just as a single witness is believed to declare her impure, so he is believed to let her lose her ketubah. Rebbi Ṭarphon said to him: Where do we find that a single witness proves anything in money matters? Rebbi Aqiba answered him, but where do we find that a single witness proves anything in matrimonial matters? But just as a single witness is believed to declare her impure, so he is believed to let her lose her ketubah. Rebbi Aqiba changed his mind and taught following Rebbi Ṭarphon.

Rebbi Judah bar Pazi asked: What say these Tannaïm about whipping and extirpation? Rebbi Yose said, that is a problem for the rabbis. Rebbi Jonah said, why can we not understand it from what Rebbi Simeon ben Ioḥai stated? As Rebbi Simeon ben Ioḥai stated: “Rebbi Ṭarphon says, extirpation was mentioned for the Sabbath and the Day of Atonement. Since for extirpation mentioned for the Sabbath there is no payment in a case involving the death penalty, so for extirpation mentioned for the Day of Atonement there is no payment in a case involving extirpation.” Rebbi Mana said before Rebbi Yose: When do we need this? Not for Rebbi Simeon ben Laqish? But for Rebbi Joḥanan, if he admits flogging in death penalty cases, certainly flogging in extirpation cases, since they disagreed: If somebody slaughters [an animal] and its young for idolatrous purposes. Rebbi Joḥanan says, if he was cautioned about an animal and its young, he is flogged, about idolatry, he is stoned to death. Rebbi Simeon ben Laqish said, even if he was cautioned about an animal and its young, he is not flogged since he would be stoned to death had he been cautioned about idolatry. He said to him, we need it even for Rebbi Joḥanan! Here are two cases, there it is one case.

MISHNAH: One gives a virgin twelve months from when the husband requested to marry her to provide for herself. Just as one gives to the woman so one gives to the man to provide for himself. And to a widow thirty days. If the time has come and they are not definitively married, they eat from his [property] and may eat heave. Rebbi Ṭarphon says, one gives her everything in heave. Rebbi Aqiba said, half profane and half heave.

It was stated: “Rebbi Ṭarphon says, one gives all heave to her, for heave is found everywhere. Rebbi Aqiba says, half profane [food] and half heave, for women frequently are impure for holy things.” It was stated: “Rabban Simeon ben Gamliel says, any place, where heave is mentioned, one gives her twice the corresponding amount of profane [food].

MISHNAH: If somebody died and left his wife, a creditor, and heirs, and he was owed a deposit or a debt by a third party, Rebbi Ṭarphon says, these should be given to the weakest among them. Rebbi Aqiba says, one does not show mercy in law! But these should be given to the heirs for all others have to swear, only the heirs do not have to swear.

MISHNAH: If he left produce taken from the ground, the one who takes them first acquires them. If the widow acquired more than her ketubah sum, or the creditor more than his claim, the remainder, Rebbi Ṭarphon says, should be given to the weakest among them. Rebbi Aqiba says, one does not show mercy in law! But it should be given to the heirs since all others have to swear, only the heirs do not have to swear.

MISHNAH: If somebody vows not to eat meat, he is permitted clear bouillon and coagulated fibers, but Rebbi Jehudah forbids. Rebbi Jehudah said, it happened that Rebbi Ṭarphon forbade to me eggs that were cooked in it. They said to him, that is correct; when? If he would say, that piece of meat [is forbidden] to me. In truth, if somebody forbids himself something by a vow and it became mixed with something else, if it can be tasted it is forbidden If somebody vows not to drink wine he is permitted a dish prepared with wine. If he said, a qônām that I shall not taste this wine, if it fell into a dish and it can be tasted, that is forbidden.

If he left and re-entered, Rebbi Ṭarphon frees him from prosecution, Rebbi Aqiba declares him guilty. Rebbi Ṭarphon said to him, what did this one add to his desecration? Rebbi Aqiba said, as long as he was there, he was defiling himself by the impurity of seven days. When he left, he was defiling himself by the impurity of evening. When he re-entered, defiling himself by the impurity of (evening). Rebbi Ṭarphon told him, Aqiba! Any who leaves you is as if he left his life.

If he left and re-entered, Rebbi Ṭarphon frees him from prosecution, Rebbi Aqiba declares him guilty. Rebbi Ṭarphon said to him, what did this one add to his desecration? Rebbi Aqiba said, as long as he was there, he was defiling himself by the impurity of seven days. When he left, he was defiling himself by the impurity of evening. When he re-entered, defiling himself by the impurity of (evening). Rebbi Ṭarphon told him, Aqiba! Any who leaves you is as if he left his life.

If he left and re-entered, Rebbi Ṭarphon frees him from prosecution, Rebbi Aqiba declares him guilty. Rebbi Ṭarphon said to him, what did this one add to his desecration? Rebbi Aqiba said, as long as he was there, he was defiling himself by the impurity of seven days. When he left, he was defiling himself by the impurity of evening. When he re-entered, defiling himself by the impurity of (evening). Rebbi Ṭarphon told him, Aqiba! Any who leaves you is as if he left his life.

MISHNAH: If they were walking on the road and a person came towards them when one said, “I am a nazir unless he is Mr. X”, and another said, “I am a nazir if it is not he”; “I am a nazir unless one of you is a nazir”, “unless both of you are nezirim”, “unless all of you are nezirim”. The House of Shammai say, they are all nezirim, but the House of Hillel say, only those whose assertions prove wrong are nezirim. Rebbi Ṭarphon said, none of them is a nazir. If he suddenly returned, no one is a nazir. Rebbi Simeon says, one should say: If it was as I said, I am a nazir by obligation, otherwise I am a nazir voluntarily. If one saw a koy and said, “I am a nazir if this is a wild animal”, “I am a nazir if this is not a wild animal”, “I am a nazir if this is a domestic animal”, “I am a nazir if this is a not a domestic animal”, “I am a nazir if this is a wild and domestic animal”, “I am a nazir if this is neither a wild nor a domestic animal”, “I am a nazir if one of you is a nazir”, “if one of you is not a nazir”, “if both of you are nezirim”, then all of them are nezirim.

It was stated: “Rebbi Jehudah said in the name of Rebbi Ṭarphon: None of them is a nazir since nezirut exists only by warning.” That is what Rebbi Jehudah said, “doubtful nezirut is permitted.”

MISHNAH: What is shaving in impurity? He was sprinkled on the third and seventh [days], shaves on the seventh, and brings his sacrifices on the eighth. If he shaved on the eighth, he may bring his sacrifices on the same day, the words of Rebbi Aqiba. Rebbi Ṭarphon asked him, what is the difference between this one and the sufferer from skin disease? He told him, the purification of this one is bound to his days, but the purification of the sufferer from skin disease is bound to his shaving. He cannot bring his sacrifices unless the sun had set for him.

HALAKHAH: “Five harmless and five notorious animals,” etc. Rebbi Joḥanan said, this follows Rebbi Ṭarphon: “In the domain of the person sustaining the damage, Rebbi Ṭarphon said, full damages; but the Sages say, half damages.”

HALAKHAH: “Five harmless and five notorious animals,” etc. Rebbi Joḥanan said, this follows Rebbi Ṭarphon: “In the domain of the person sustaining the damage, Rebbi Ṭarphon said, full damages; but the Sages say, half damages.”

MISHNAH: How does one treat the bull of the person causing the damage in the domain of the person sustaining the damage? If it gored, hit, bit, wallowed, or kicked, in the public domain he pays half of the damages. In the domain of the person sustaining the damage, Rebbi Ṭarphon said, full damages; but the Sages say, half damages. Rebbi Tarphon said to them: Since in a case where He was lenient with [damage by] tooth or foot in the public domain, where one is free, He was restrictive for them in the domain of the person sustaining the damage, when full damages must be paid, and He was restrictive regarding damage by the horn in the public domain, where one has to pay half damages; is it not logical that we should be restrictive in this case in the domain of the person sustaining the damage, that full damages must be paid? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages. He said to them, I do not argue horn from horn, I argue horn from foot! Since in a case where He was lenient with [damage by] tooth or foot in the public domain, He was restrictive for damage by the horn, when He was restrictive with [damage by] tooth or foot in the domain of the person sustaining the damage; is it not logical that we should be restrictive [in case of damage] by the horn? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages.

HALAKHAH: “The bull of the person causing the damage in the domain of the person sustaining the damage,” etc. to the end. Rebbi Joḥanan said, this follows Rebbi Ṭarphon: “In the domain of the person sustaining the damage, Rebbi Ṭarphon said, full damages; but the Sages say, half damages.”

HALAKHAH: “The bull of the person causing the damage in the domain of the person sustaining the damage,” etc. to the end. Rebbi Joḥanan said, this follows Rebbi Ṭarphon: “In the domain of the person sustaining the damage, Rebbi Ṭarphon said, full damages; but the Sages say, half damages.”

HALAKHAH: “Every hand which checks frequently is praiseworthy for women,” etc. So is the baraita: “Any one who frequently puts his hand on his eye will frequently have tears. Rebbi Ṭarphon says, it should be cut off on his navel. One said to him, does that not split open his belly? He said to them, that is what I said, for such a person’s death is better than his life.” The colleagues say, Rebbi Ṭarphon curses him in his body. Rebbi Yose said, he only explains that it is forbidden to manipulate lower than the navel. “That is, in the matter of semen. But in a case of gonorrhea, every hand which checks more frequently than another is more praiseworthy than the other.”

HALAKHAH: “Every hand which checks frequently is praiseworthy for women,” etc. So is the baraita: “Any one who frequently puts his hand on his eye will frequently have tears. Rebbi Ṭarphon says, it should be cut off on his navel. One said to him, does that not split open his belly? He said to them, that is what I said, for such a person’s death is better than his life.” The colleagues say, Rebbi Ṭarphon curses him in his body. Rebbi Yose said, he only explains that it is forbidden to manipulate lower than the navel. “That is, in the matter of semen. But in a case of gonorrhea, every hand which checks more frequently than another is more praiseworthy than the other.”