ashi

New Section. “Rabban Gamliel says until the first sign of dawn.” The statement of Rabban Gamliel is parallel to that of Rebbi Simeon, as we have stated in the name of Rebbi Simeon: “Sometimes a person reads the Shema‘ [twice], once before dawn and once at dawn, and has fulfilled his obligation for day and night.” Hence Rabban Gamliel is like Rebbi Simeon for evening prayers, is he also like him in the morning? His position might be that expressed by Rebbi Zeïra the Tanna, the brother of Rav Ḥiyya bar Ashi, and of Rav Abba bar Ḥana: He who reads with the men of the Mishmar did not fulfill his duty because they were too early.

Samuel said: If one got up early to study before he recited the Shema‘ he has to recite the benediction. After the recitation of Shema‘ he does not have to recite the benediction. Rebbi Abba said, that is only if he studied immediately. Rebbi Ḥuna said: It is reasonable to say that for exegesis one has to recite the benediction, for practical rules one does not have to recite the benediction. Rebbi Simon in the name of Rebbi Joshua ben Levi: Both for exegesis and for practical rules one has to recite the benediction. Rav Ḥiyya bar Ashi said: When we were sitting before Rav, he always required us to recite the benediction both for exegesis and for practical rules.

Rebbi Jeremiah, Rebbi Zeïra in the name of Rav Ḥiyya bar Ashi: One must say, “start the days, the six coming workdays, for peace.” Rebbi Abba adds: “And let us hear in them rejoicing and joy.” Rebbi Ḥizqiah in the name of Rebbi Jeremiah: “Let us understand and teach us.” Rebbi Ḥizqiah in the name of Rebbi Jeremiah: Those who answer Amen have to look at the cup and the candle. Rebbi Ḥizqiah in the name of Rebbi Jeremiah: The four kinds of the lulav must be taken in the direction of their growth.

From the Patriarch they sent Nicolaus dates to Rebbi Ḥanina bar Sisai. He left them for dessert after his meal and recited a benediction over them before and after. Rav Ḥuna ate dates with his bread. Rav Ḥiyya bar Ashi said to him, are you disagreeing with your teacher? Leave them for dessert after your meal and you may recite a benediction over them before and after. He said to him, they are the main thing my teeth get to bite. Rebbi Jonah and Rebbi Yose went to the marriage feast of Rebbi Ḥanina Eyntanaya. They brought before them kisnīn bread after the meal. They said, let us leave our learning and let us bring a baraita: Rebbi Mana stated in the name of Rebbi Yehudah, who said in the name of Rebbi Yose the Galilean: Bread that comes kisnīn after the meal needs a benediction before and after. They said, since they are the minority and the rabbis disagree with them, let us act following the rabbis.

There (Mishnah Sukkah 4:5) we have stated: “Sukkah seven days, how is this? If he finished to eat he should not take down his sukkah, but he takes out the vessels starting from the time of afternoon prayers because of the honor due to the last holiday.” Rebbi Abba bar Cahana, Rav Ḥiyya bar Ashi in the name of Rav: A person must make his sukkah invalid as long as it is still day. Rebbi Joshua ben Levi said, a person must make Qiddush inside his house. Rebbi Jacob bar Aḥa in the name of Samuel: If one made Qiddush in one house and changed his mind to eat in another house he must make Qiddush. Rebbi Aḥa, Rebbi Ḥinena in the name of Rebbi Hoshaiah: He who loves his sukkah makes Qiddush of the last holiday in his house and goes to eat in his sukkah. Rebbi Abun said, they do not disagree. What Rav said was, if he did not have the intention to eat in another house. But what Samuel said was if he had the intention to eat in another house. Rebbi Mana said, Samuel comes like Rebbi Ḥiyya and Rebbi Hoshaiah like Rebbi Joshua ben Levi.

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.

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 Yose in the name of Rebbi Ḥiyya bar Abba, and Rebbi Jonah, and Rav Ḥiyya bar Ashi in the name of Rav: Handwashing for terumah is to the wrist but for profane food it is to the finger joints. Maisha, the grandson of Rebbi Joshua ben Levi said: If someone wanted to eat with my grandfather and he did not rinse his hands to the wrist, he would not eat with him.

Five things were said about burning charcoal and five about the flame. One commits larceny with the burning charcoal of the Temple; one may not use its flame but one cannot commit larceny with the latter. Burning charcoal of idolatry is forbidden, its flame is allowed. He who makes a vow not to use anything of another person may not use his burning charcoal but is allowed his flame. He who carries out burning charcoal into the public domain is guilty but for the flame he is free of punishment. One makes the benediction over the flame but not over glowing charcoal. Rav Ḥiyya bar Ashi in the name of Rav: If the charcoal was crackling one makes the benediction. Rebbi Yoḥanan from Karẓion in the name of Rebbi Naḥum bar Simai: Only if [the flame] is jumping off.

In prayer, Rebbi Yose bar Nahorai said: “He Who sanctifies Israel, renews months.” Rav Ḥiyya bar Ashi said: “He Who sanctifies Israel and the New Moon.” Samuel said, one must say “bestow on us.” Rav said, one must mention “time.” Rebbi Hoshaya stated: (Gen. 1:14) “They should be for signs and appointed times, days and years.”

Rav Ḥiyya bar Ashi in the name of Rav: It is a stipulation of the Court that the heave of the tithe should be from the worker and the Second Tithe from the employer.

Rebbi Jonah in the name of Rav: The seed is permitted but one is forbidden to sow. Rebbi Yose in the name of Rav: The practice is that one is permitted to sow. Rav Ḥiyya bar Ashi in the name of Rav: Practice follows Rebbi Meïr and Rebbi Simeon. Does it mean that the seed is permitted and one is permitted to sow, or that the seed is permitted but one is forbidden to sow? Since Rebbi Abba said: Rav Ḥiyya bar Ashi measured the layout of my vineyard eight by eight; that means that the seed is permitted and one is permitted to sow. Rav Huna sowed leeks in his vineyard. Is that not forbidden because of kilaim? They were mixed up and a single vine needs no place to tend it, following the words of Rebbi Ismael; as Rebbi Ismael said, the words of the Sages are that a single vine needs no place to tend it. Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: Practice outside the Land follows the lenient opinion. Rebbi Jacob bar Aḥa said, there they stated: Practice outside the Land follows the lenient opinion.

Rebbi Jonah in the name of Rav: The seed is permitted but one is forbidden to sow. Rebbi Yose in the name of Rav: The practice is that one is permitted to sow. Rav Ḥiyya bar Ashi in the name of Rav: Practice follows Rebbi Meïr and Rebbi Simeon. Does it mean that the seed is permitted and one is permitted to sow, or that the seed is permitted but one is forbidden to sow? Since Rebbi Abba said: Rav Ḥiyya bar Ashi measured the layout of my vineyard eight by eight; that means that the seed is permitted and one is permitted to sow. Rav Huna sowed leeks in his vineyard. Is that not forbidden because of kilaim? They were mixed up and a single vine needs no place to tend it, following the words of Rebbi Ismael; as Rebbi Ismael said, the words of the Sages are that a single vine needs no place to tend it. Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: Practice outside the Land follows the lenient opinion. Rebbi Jacob bar Aḥa said, there they stated: Practice outside the Land follows the lenient opinion.

Rebbi Zeïra, Rav Ḥiyya bar Ashi in the name of Cahana: He who is planting on the Sabbath is guilty because of sowing. Rebbi Zeïra said, he who prunes is like one who plants. If he planted and pruned on the Sabbath, according to Cahana he is guilty on two counts, according to Rebbi Zeïra only on one count. Did not Rebbi Zeïra say the pruner is like the planter, did he say the planter is like the pruner? All was included in the notion of sowing; pruning was singled out for particular stringency. Because pruning was singled out for particular stringency you want to exempt it because of sowing? There is no difference, both according to Cahana and according to Rebbi Zeïra he is guilty on two counts.

Rebbi Jonah said in the name of Rebbi Ḥama bar Ḥanina: He who dies in the seven years of Gog has no part in the Future World. Its sign is, he who ate at the preliminary wedding feast shall eat at the wedding feast. Rebbi Yose heard this and said, is that true? So far there is repentance for the Future World! Rebbi Jonah in the name of Rebbi Ḥiyya bar Ashi: In the future, fellows will exert themselves from synagogues to houses of study. What is the reason? (Ps. 84:8) “They will go from strength to strength, he will see the Power, God, in Zion,” until he will see the Power, God, in Zion.

Rebbi Jeremiah, Rebbi Zeïra in the name of Rebbi Ḥiyya bar Ashi: An intelligent woman washes a cup here, a bowl there, a dish there; it turns out that her entire house was wetted on the Sabbath.

Blood on a loaf of bread one shaves off and eats [the bread]. If it came from between his teeth he eats and does not worry. The abominations among mites, flies, wild bees, abominations and crawling things, I might think [that they are forbidden] while they are inside the fruit, the verse says (Lev. 11:26,27,28): “They are impure,” when they exist independently rather than inside the fruit. I might think, even if they left and returned; the verse says “they are impure,” even if they left and returned. Rav Ḥiyya bar Ashi in the name of Rav: As soon as they reach the rim of the food they are forbidden even if they return.

HALAKHAH: Rav Ḥiyya bar Ashi in the name of Rebbi Abbahu in the name of Rebbi Joḥanan: This follows Rebbi Simeon. If it follows Rebbi Joḥanan, even a full meal! But since Rebbi Jeremiah, Rebbi Ḥiyya said in the name of Rebbi Joḥanan: Rebbi Simeon agrees that nevertheless he must separate tithes as a matter of practice; therefore we have to say that this follows Rebbi Simeon.

That inner part, Rav Ḥiyya bar Ashi in the name of Rav: One fires it with dry branches.

Rebbi Zeïra, Rebbi Ḥiyya bar Ashi in the name of Rav: A bunch of grapes which he squeezed into a cup became ṭevel; into a tamḥui it did not become ṭevel.

Rebbi Ḥisda in the name of Ashi: If a stick stuck in the public domain ten hand-breadths high, anybody who uses anything from in it into the public domain or from the public domain into it is liable. Rav said, a leather container which stands in the public domain, ten hand-breadths high and four wide; anybody who uses anything from in it into the public domain or from the public domain into it is liable. Rebbi Hoshaia stated: “A candelabra which stands in the public domain, ten hand-breadths high and its flower four [wide]; anybody who uses anything from in it into the public domain or from the public domain into it is liable.” Rebbi Mana said, not only a candelabra but even a stick stuck in the public domain ten hand-breadths high with a tablet fixed to its head, anybody who uses anything from in it into the public domain or from the public domain into it is liable.

Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi: A willow basket full of pits is in a minimal amount. Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi: A willow basket full of pits, if they are collection, by their majority; if they are distributed, by the majority of each heap. Do they disagree? Here fat ones, there lean ones.

Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi: A willow basket full of pits is in a minimal amount. Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi: A willow basket full of pits, if they are collection, by their majority; if they are distributed, by the majority of each heap. Do they disagree? Here fat ones, there lean ones.

“Nor with fat.” Rav Berona said, one mixes some oil with it and kindles. Yose asked, where do we hold? If it was made into a paste, even if he did not mix it with oil, as Samuel stated, any which one turns into a fluid and it does not jell is a paste. But if it was not made into a paste, even if he mixes with oil. There came Rav Ḥananiah, Rav Berona in the name of Rav: One may kindle with liquefied fat and fish innards. Rebbi Ḥiyya ber Ashi failed to come before Rav. He asked him, where have you been? He answered. I was trying to get olive oil. He asked him, do you not have innards of fish?

Rebbi Jeremiah, Rebbi Zeˋira in the name of Rebbi Ḥiyya bar Ashi. A quick woman will rinse a cup here, a pot there, a plate there and end up watering down her house on the Sabbath.

“And make an eruv, and store away hot food.” Rebbi Ḥiyya bar Ashi said, this is about eruv of courtyards. But eruvim of domains are a matter of biblical law.

HALAKHAH: Mishnah: “One may not put cold water into a hot water container which was removed,” etc. Rebbi Abba the (son of the) son of Rebbi Ḥiyya bar Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: they stated this only for a cup, therefore not into itself. Rebbi Mana said, I objected before Rebbi Abba [the son of Rebbi Ḥiyya bar Abba]: Rebbi Joḥanan could not have stated this on the first part [of the Mishnah] nor on the second part! “In order to heat it”, therefore to make it lukewarm is permitted. There came Rebbi Abba bar Cahana, Rebbi Ḥiyya bar Ashi in the name of (Rebbi) [Rav]. If to heat it, it is forbidden, if to make it lukewarm it is permitted.

A Mishnah disagrees with him who said, anything which is specifically for something prohibited is prohibited, as we have stated: “If there is a stone on top of an amphora he tilts it on its side and it falls down.” Rebbi Abba in the name of (Rebbi) [Rav] Ḥiyya bar Ashi: Rav explained this about one who forgot. Also from the sequel, “if it was between amphoras he lifts it, tilts it on its side and it falls down.” This also Rav explained about one who forgot.

HALAKHAH: Mishnah. “A donkey may go out with its saddle cloth,” etc. Samuel said, if it was tied to it from before the Sabbath. Ḥanin from Gophtia said before Samuel, Rav Ḥiyya bar Ashi does not act like this. He told him, Rav uses kleisterin, as it was stated: rams go out with kleisterin. Rebbi Aḥa bar Papa objected before Rebbi Zeˋira: But was it not stated: a rope tied to a cow may be tied to the feeding trough, the feeding trough may be tied to a cow. One understands a cow’s may be tied to the feeding trough. May from the feeding trough be tied to a cow? Would he not use the animal’s sides on the Sabbath? Rebbi Abba said, explain it for knots which are not permanent. Rebbi Yose said, is there a difference for sides of an animal whether the knot is permanent or not permanent? Rebbi Shammai said, explain it following Rebbi Simeon ben Eleazar, as it was stated, Rebbi Simeon ben Eleazar said, it is permitted to use the sides of an animal on the Sabbath. There is no difference between sides of an animal and sides of a tree. Rebbi Mana said, I confirmed it if he connects rope to rope.

How many nails should it have? Rebbi Joḥanan said five, corresponding to the five books of the Torah. Rebbi Ḥanina said seven, corresponding to your days are your steps. The rabbis are used to follow Rebbi Ḥanina. Rebbi Aḥa explained following Rebbi Ḥanina: nine. Rebbi put thirteen on one [shoe] and eleven on the other, for the number of watches. And like planted nails, since the watches are 24, so the nails 24. Rebbi Yose ben Ḥanina said, a crooked nail is not counted with the nails. Rebbi Zeˋira asked Rebbi Abba bar Zavda: may one put all of them on one sandal? He told him, it is permitted. May one put all of them on one boot? He told him, it is permitted. One does not scrape old boots or sandals but one may oil them or dip them in water. Rebbi Crispus in the name of Rebbi Joḥanan: The students of the Elder Rebbi Ḥiyya say that those of first rank said, one may scrape, those of second rank said, one may not scrape. Rebbi was asked and said, one does not scrape. Rebbi Zeˋira said, here goes one of the students of the Elder Rebbi Ḥiyya. The rabbis of Caesarea in the name of Rebbi Yose ben Ḥanina follow him who said he scrapes but only with the back of a knife. Rebbi Ḥiyya bar Ashi said, we used to sit before Rebbi and were oiling and rinsing, but not scraping. Nobody should anoint his foot in a boot or his foot in a sandal but he may oil his foot and step into his boot or oil his foot and step into his sandal. One may oil himself and roll on a new tarpaulin without worry. One should not put it on a marble slab to roll himself in it, but Rabban Gamliel permits it.

Rebbi Abbahu said, anything which sits in the hair is called “wig.” The younger Rebbi Yannai had cotton wool in his ear which fell out. He wanted to return it on the Sabbath. His companions rebuked him; was it because of jewelry? Was Rebbi Yannai of the opinion that oil is the healing agent, whereas the Sages were of the opinion that the cotton wool was the healing agent? But did not (Rav) [Rebbi] Jehudah say in the name of Rav Zeˋira, a person with earache puts oil on his head and whispers on condition that he use neither hand nor vessel? Was Rebbi Yannai of the opinion that practice follows Rebbi Yose whereas his companions were of the opinion that practice does not follow Rebbi Yose? Buy did not Rebbi Abba bar Cahana, Rav Ḥiyya bar Ashi say in the name of Rav, practice follows Rebbi Yose? Was Rebbi Yannai of the opinion that they did not consider humans like soil whereas his companions were of the opinion that they made humans like soil? But did not Rebbi Zeˋira say that Rav Ḥiyya bar Ashi made himself a handle for the cotton wool in his ear? Could they hold that a human is treated like soil? Is this so? But it must be the following: Rebbi Yannai was of the opinion that he would not forget and carry it four cubits in the public domain and his companions were of the opinion that one would forget and carry it four cubits in the public domain.

Rebbi Abbahu said, anything which sits in the hair is called “wig.” The younger Rebbi Yannai had cotton wool in his ear which fell out. He wanted to return it on the Sabbath. His companions rebuked him; was it because of jewelry? Was Rebbi Yannai of the opinion that oil is the healing agent, whereas the Sages were of the opinion that the cotton wool was the healing agent? But did not (Rav) [Rebbi] Jehudah say in the name of Rav Zeˋira, a person with earache puts oil on his head and whispers on condition that he use neither hand nor vessel? Was Rebbi Yannai of the opinion that practice follows Rebbi Yose whereas his companions were of the opinion that practice does not follow Rebbi Yose? Buy did not Rebbi Abba bar Cahana, Rav Ḥiyya bar Ashi say in the name of Rav, practice follows Rebbi Yose? Was Rebbi Yannai of the opinion that they did not consider humans like soil whereas his companions were of the opinion that they made humans like soil? But did not Rebbi Zeˋira say that Rav Ḥiyya bar Ashi made himself a handle for the cotton wool in his ear? Could they hold that a human is treated like soil? Is this so? But it must be the following: Rebbi Yannai was of the opinion that he would not forget and carry it four cubits in the public domain and his companions were of the opinion that one would forget and carry it four cubits in the public domain.

[Rebbi] Zeˋira, Rav Ḥiyya bar Ashi in the name of Cahana: He who is planting on the Sabbath is guilty because of sowing. Rebbi Zeˋira said, he who prunes is like one who plants. If he planted and pruned on the Sabbath, according to Cahana he is guilty on two counts, according to Rebbi Zeˋira only on one count. Did not Rebbi Zeˋira say the pruner is like the planter, did he say perhaps the planter is like the pruner? All was included in the category of sowing; pruning was singled out for particular stringency. Because pruning was singled out for particular stringency you want to exempt it because of sowing? This means, there is no difference. If he planted and pruned on the Sabbath, according to both Cahana and Rebbi Zeˋira he is guilty on two counts.

Rebbi Abba (bar) Ḥiyya bar Ashi, one who spits absorbs it in his garment and does not worry. Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi, the Elder Rebbi Ḥiyya and Rebbi Simeon ben Rebbi disagreed. One said, one spits and crushes; the other said, one does not spit and crush. Where do they differ? If it is not on a mosaic floor. But if there is a mosaic floor he spits and crushes. If he spat and the wind carried it away he is liable because of winnowing; and for anything which is diminished by the wind one is liable because of winnowing.

Rebbi Abba (bar) Ḥiyya bar Ashi, one who spits absorbs it in his garment and does not worry. Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi, the Elder Rebbi Ḥiyya and Rebbi Simeon ben Rebbi disagreed. One said, one spits and crushes; the other said, one does not spit and crush. Where do they differ? If it is not on a mosaic floor. But if there is a mosaic floor he spits and crushes. If he spat and the wind carried it away he is liable because of winnowing; and for anything which is diminished by the wind one is liable because of winnowing.

Rebbi Zeˋira, Rav Ḥiyya bar Ashi in the name of Samuel: One who filters is liable because of selecting. Rebbi Zeˋira said, it is more reasonable that it should be because of sifting. Rebbi Jonah and Rebbi Yose both said, at the start we were saying that Rebbi Zeˋira said it correctly, since as in sifting the flour is below and the farina on top, so in filtering wine the wine as at the bottom and the yeast on top; but we were not saying anything. Why? Because the category of selecting was permitted, the category of filtering was permitted. The category of selecting was permitted: “he selects normally, on his chest, or from a pot”. Also the category of filtering was permitted, “on a holiday one puts into one which was hanging”. But the category of sifting was not permitted. As Rebbi Ḥanina ben Yaqe said in the name of Rav Jehudah, One does not re-sift the flour but one may pass it through the back of the sieve. If you say it is because of sifting, it should be forbidden. Rebbi Yose ben Rebbi Abun said, it does not follow Rebbi Jehudah, for it was stated in the name of Rebbi Jehudah, (in truth) [also] preparations for making food they permitted. There is a question about the following: following the rabbis, may one re-sift the flour through the back of the sieve?

It was stated: One rinses cups, pots, and plates from Friday Night to the morning, from morning to noon, from noon to afternoon. After afternoon it is forbidden, only for cups it is permitted since drinking has no fixed times. Rebbi Jeremiah, Rebbi Zeˋira in the name of Rav Ḥiyya bar Ashi: An intelligent woman rinses a cup here, a pot there, a plate there; the result is that she waters down her house on the Sabbath.

“All implement covers,” etc. Abba bar Cahana, Rav Ḥiyya bar Ashi in the name of Rav, practice follows Rebbi Yose.

HALAKHAH: A Mishnah disagrees with him who said, anything which is specifically intended for something prohibited is prohibited, as we have stated: “If there is a stone on top of an amphora he tilts it on its side and it falls down.” Rebbi Abba in the name of Rav Ḥiyya bar Ashi: He explained this about one who forgot. A Mishnah disagrees with him who said, anything which is specifically intended for something prohibited is prohibited, as we have stated: “one turns a basket upside down in front of the chicks that they may climb up and down.” And it was stated about this, when they climbed on it by themselves it is forbidden to move it. Rebbi Abun bar Ḥiyya said before Rebbi Zeˋira, explain it if it is disgusting. He told him, did not Rebbi Hoshaia state, even a seah, even a three-qab. Can you say that seah and three-qab are disgusting?

Rebbi Zeˋira, Rav Ḥiyya bar Ashi in the name of Samuel: One who filters yeast is liable because of selecting. Rebbi Zeˋira said, it is more reasonable that it should be because of sifting. Rebbi Yose and Rebbi Jonah both said, at the start we were saying that Rebbi Zeˋira said it correctly, since as in sifting the flour is below and the farina on top, so in filtering wine the wine as at the bottom and the yeast on top; but we were not saying anything. Why? Because the category of selecting was permitted, the category of filtering was permitted. The category of selecting was permitted: “he selects normally, on his chest, or from a pot”. Also the category of filtering was permitted, “on a holiday one puts into one which was hanging”. But the category of sifting was not permitted. As Rebbi Ḥanina Beroqa said in the name of Rav Jehudah, One does not re-sift the flour but one may pass it through the back of the sieve. If you say it is because of sifting, it should be forbidden. Rebbi Yose ben Rebbi Abun said, it does not follow Rebbi Jehudah, for it was stated in the name of Rebbi Jehudah, they also permitted preparations for making food. There is a question about the following: following the rabbis, may one re-sift the flour through the back of the sieve?

Rebbi Aḥa, Rebbi Ḥinena in the name of Cahana: Practice does [not] follow Rebbi Jehudah. If it were not so what would we say? Rebbi Jehudah versus the Sages, practice should follow Rebbi Jehudah? But since Rebbi Jacob bar Idi said in the name of Rebbi Joshua ben Levi, practice follows the lenient opinion in Eruvin, and Rebbi Naḥman bar Isaac said in the name of Rebbi Joshua ben Levi, practice follows Rebbi Joḥanan ben Nuri. (We asked about it, did not Rebbi Jacob bar Idi say in the name of Rebbi Joshua ben Levi, practice follows the lenient opinion in Eruvin, and Rav Naḥman bar Isaac said in the name of Rebbi Joshua ben Levi, practice follows Rebbi Joḥanan ben Nuri.) We asked about it, we would think this refers to an individual versus an individual but not an individual versus the Sages. There came Rebbi Jacob bar Aḥa, Jacob bar Idi said in the name of Rebbi Joshua ben Levi, practice follows Rebbi Joḥanan ben Nuri even though the Sages disagree with him. Why should practice not follow Rebbi Jehudah even though the Sages disagree with him? Samuel said, practice follows the lenient opinion in Eruvin. Rav Ḥiyya bar Ashi said to him, for example what we have stated there, “and similarly one carries under panelled bridges on the Sabbath, the words of Rebbi Jehudah, but the Sages forbid it”? He told him, did I not say Eruvin but partitions? Cahana shares Samuel’s opinion. Therefore it was necessary to say that practice does not follow Rebbi Jehudah.

“And from making an eruv”. Rav Ḥiyya bar Ashi said, this refers to eruv of courtyards. But eruv of ranges is a matter of biblical law. Are there courtyards in a camp? To disassemble tents in a camp, as it was stated: “ Tents in a camp need an eruv, tents of a caravan do not need an eruv. “Jehudah ben Tema says, also they may camp anywhere and at the place where they are killed they are buried, lest you say that they should be treated like war dead.” There are Tannaim who state that it is forbidden to remove them; there are Tannaim who state that it is permitted to remove them. He who said that it is permitted to remove them, if they are together; he who said that it is forbidden to remove them, if they are dispersed. Just as they are exempt from four matters when they are marching out, so they are exempt from four matters when they are returning. Rebbi Yose ben Rebbi Abun understood this from the following: Anybody who is fearful and anxious should return and sneak away from Mount Gilead. Why did they have to return sneaking? Because of the enemies. Rebbi Yose ben Rebbi Abun in the name of Rav: Just as they are exempt from four matters when they are marching out, so they are exempt from four matters when they are returning.

Rebbi Zeˋira, Rav Ḥuna in the name of Rav: Since Rebbi Joshua and Rebbi Aqiba wanted to be strict with themselves, this implies that practice follows Rabban Gamliel and Rebbi Eleazar ben Azariah. Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi: also for a sheep-pen, or a sheep corral, practice follows Rabban Gamliel and Rebbi Eleazar ben Azariah. Ḥananiah the son of Rebbi Joshua’s brother says, the entire day they were arguing one with the other until my father’s brother came, decided between then, and instituted that practice follow Rabban Gamliel and Rebbi Eleazar ben Azariah for a ship and Rebbi Joshua and Rebbi Aqiba for a sheep-pen, or a sheep corral. What is the difference between a sheep corral and a ship? The colleagues say, for a ship because its walls are part of itself; Rebbi Zeˋira said, because one removes it from these four cubits and puts it into those four cubits. What difference results between them? If it was a covered walkway, according to the colleagues it is permitted, according to Rebbi Zeˋira it is forbidden. If the sea was calm, according to the colleagues it is forbidden, according to Rebbi Zeˋira it is permitted. Rebbi Zeˋira said, the Mishnah says that the four cubits which they mentioned are not a domain.

A town which was destroyed. Rebbi Eleazar says, he walks its entirety and outside 2’000 cubits. Samuel says, he only has 2’000 cubits [from] the place of his eruv. Rebbi Abba bar Cahana, Rav Ḥiyya bar Ashi in the name of Rab: If somebody deposits his eruv in a sheep-pen or a sheep-corral he walks its entirety and outside it 2’000 cubits. Are a sheep-pen or a sheep-corral not as if houses and apartments were destroyed?

HALAKHAH: Paragraph. “If the owner of a house participated with several neighbors,” etc. Rebbi Abba in the name of Rebbi Jehudah: They stated this in commercial practice. Everybody with wine, since he does not care about mixing, it does not need an eruv. If with wine with one but oil with the other, since he cares about mixing, it needs an eruv. Rebbi Abba bar Cahana, Rav Ḥiyya bar Ashi in the name of Rav: The Mishnah refers to the case that all is in one vessel. Rebbi Zeriqan said, the reason of Rebbi Simeon is that they are used to drink οἰνόγαρον. It was stated: Rebbi Eleazar ben Thaddeus says, in every case they are forbidden until they make an eruv. Rebbi Aḥa in the name of Rav: Practice follows Rebbi Eleazar ben Thaddeus. Rebbi Jacob bar Aḥa in the name Rebbi Ze`ira: Rebbi Eleazar ben Thaddeus follows Rebbi Meïr. Which [statement of] Rebbi Meïr? Rebbi Mana said, Rebbi Meïr who said, by an eruv, by participation. Rebbi Yose ben Rebbi Abun said, Rebbi Meïr who said that one may not make an eruv for a person without his knowledge. In the opinion of Rebbi Mana, following Rebbi Ze`ira, in the opinion of Rav following Rebbi Meïr. Rebbi Ze`ira in the name of Rebbi Joḥanan: In matters of eruvin and public fast-days everybody follows Rebbi Meïr. Rebbi Jacob bar Aḥa in the name Rebbi Joḥanan: Even about the reading of the Esther scroll everybody follows Rebbi Meïr.

HALAKHAH: Paragraph. “Brothers sharing property who were eating at their father’s table,” etc. Where is the main dwelling? Rebbi Jonah said, Rav and Samuel disagreed. One said, at the place of their bread, but the other said, at the place of sleeping. We did not know who said what but since Samuel said, higher than ten [hand-breadths] is rabbinically forbidden, he must say, at the place of their bread. The Mishnah disagrees with Samuel, “Brothers who were eating”. Rav Ḥiyya bar Ashi in the name of Rav: The Mishnah is if they are sustained by their father. In any case, are they not partners in what they are eating? Rebbi Abba said, Rebbi Samuel explained to me that their father gives them property rights only for what they are eating. Then even if the eruv does not come to them? They treated it as a house where they deposited the eruv. Samuel said, he and his sons and the people of his house make an eruv with one loaf. Does he disagree? There he says, at the place of their bread, and here he says so? He explains it if two persons were partners in it. This is similar to what Rebbi Aḥawa bar Rebbi Ze`ira said, one may make an eruv with half a loaf. But we have stated: “Even if it was baked from a se’ah and was sliced one may not use it for eruv”, and you are saying so? He explains it if two persons were partners in it.

May one reduce using utensils? Rebbi Ḥiyya bar Ashi said, one may reduce using utensils. Rebbi Jonah, Rebbi Isaac bar Ṭevlai: Rebbi Joḥanan said, one may not use utensils. There, they said, it is a disagreement between the Elder Rebbi Ḥiyya and Rebbi Ismael ben Rebbi Yose. One said, it is forbidden; but one said, it is permitted. He who said that it is forbidden, maybe he would forget and move it. Rebbi Joḥanan bar Marius instructed to cover it with a heap of sand.

Rebbi Abba bar Cahana, Rebbi Ḥiyya bar Ashi in the name of Rav, practice follows Rebbi Yose.

Rav said, the words of Rebbi Meïr: He who preliminarily marries with leavened matter starting from the sixth hour did not do anything. Rebbi Huna said, this is correct. Would Cordovanian wheat in the desert be any good on the holiday? A person deposited a double sack of bread with the Elder Rebbi Ḥiyya. Rebbi Yose ben Rabbi Abun said, he was Joḥanan from Ḥiqoq. He went and asked Rebbi who told him, it should be sold under judicial supervision at the time of elimination. A person deposited a jar of kutaḥ with Rav Ḥiyya bar Ashi. He went and asked Rav who told him, it should be sold under judicial supervision at the time of elimination. What is the time of elimination? Rebbi Jeremiah said, in the morning. Rebbi Aḥa said, the fifth [hour] following Rebbi Jehudah. Rebbi Yose said, Rebbi Jeremiah said it correctly. Did they not say to touch them in order to sell them only to return a lost article to its owner? In the fifth [hour] following Rebbi Jehudah it is not worth anything.

Rav Ḥiyya bar Ashi in the name of Rav: If one rises early to go on a trip, he takes a lulav and moves it, or the shofar and blows it. When the time arrives to read the shema`, he reads and prays. It was stated, he was to move three times. Rebbi Ze`ira asked, so one and so one, or so and so one one? There, we have stated: “He has to rub each kind three times.” Rebbi Ze`ira asked, so one and so one, or so and so one?

“How the sukkah seven? If he finished eating one may not undo his sukkah but one removes his vessels after afternoon prayers in honor of the last day of the festival.” Rebbi Abba bar Cahana, Rav Ḥiyya bar Ashi in the name of Rav: A person must make his sukkah invalid as long as it is still day. Rebbi Joshua ben Levi said, a person must make Qiddush inside his house. Rebbi Jacob bar Aḥa in the name of Samuel: If one made Qiddush in one house and changed his mind to eat in another house he must make Qiddush. Rebbi Aḥa, Rebbi Ḥinena in the name of Rav (Hoshaiah): He who loves his sukkah makes Qiddush of the last holiday in his house and eats in his sukkah. Rebbi Abun said, they do not disagree. What Rav said was, if he did not have the intention to eat in another house. But what Samuel said was if he had the intention to eat in another house. Rebbi Mana said, Samuel comes like Rebbi Ḥiyya and Rebbi Hoshaiah like Rebbi Joshua ben Levi. Rebbi Immi, this implies that they disagree explicitly.

Rebbi Ze`ira, Rav Ḥiyya bar Ashi in the name of Samuel: One who filters is liable because of selecting. Rebbi Ze`ira said, it is more reasonable that it should be because of sifting. Rebbi Jonah and Rebbi Yose both said, at the start we were saying that Rebbi Ze`ira said it correctly, since as in sifting the flour is below and the farina on top, so in filtering wine the wine is at the bottom and the yeast on top; but we were not saying anything. Why? Because the category of selecting was permitted, the category of filtering was permitted. The category of selecting was permitted: “he selects normally, on his chest, or from a pot”. Also the category of filtering was permitted, “on a holiday one puts into one which was hanging”. But the category of sifting was not permitted. As Rebbi Ḥanina bar Yaqe said in the name of Rav Jehudah, One does not re-sift the flour but one may pass it through the back of the sieve. If you say it is because of sifting, it should be forbidden. Rebbi Yose ben Rebbi Abun said, it does not follow Rebbi Jehudah, for it was stated in the name of Rebbi Jehudah, also preparations for making food are permitted. There is a question about the following: following the rabbis, may one re-sift the flour through the back of the sieve?

It was stated: One does not climb on a tree whether moist or dried-up. One understands moist; dried-up? So we are saying, it is forbidden to step on a twig on the Sabbath? Or does it follow Rebbi Meïr, as Rebbi Meïr said, “a dried-up vine is forbidden but does not sanctify”? It is everybody’s opinion; they forbade the dried-up tree because of a moist tree. Rav Ḥiyya bar Ashi came running before Rav. He asked him, how did you come? He told him, [by] the warped date palm. He said to him, who permitted you?

HALAKHAH: “Five things were said about burning charcoal and five about the flame. One commits larceny with the burning charcoal of the Temple; one may not use its flame but one cannot commit larceny with the latter. Burning charcoal of idolatry is forbidden, its flame is allowed. He who makes a vow not to use anything of another person may not use his burning charcoal but is allowed his flame. He who carries burning charcoal into the public domain is liable but for the flame he is free of punishment. One makes the benediction over the flame but not over glowing charcoal.” Rav Ḥiyya bar Ashi in the name of Rav: If the charcoal was crackling one makes the benediction. Rebbi Joḥanan from Karṣion in the name of Rebbi Naḥum bar Simai: Only if {the flame} is jumping off.

HALAKHAH: One understands the Day of Atonement which is atonement for all of Israel. Why on the Fifteenth of Av? Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: For this is the good time to cut wood, because any wood cut on this day does not develop worms; as we have stated there, “any wood containing a worm is disqualified from the altar.” Rav Ḥiyya bar Ashi in the name of Rav, because on it Hoshea ben Ela abolished the guards which Jeroboam ben Nabath posted on the roads. Cahana asked [Rav]. He did all this good deed and it is written about him, against him came Salmanessar the king of Assyria? He answered him, because he removed the collar from his neck and hung it on the community’s neck. He did not say, all the people should go on pilgrimage, but, any one who wants to go may go. Rebbi Samuel bar Rav Isaac, but some say in the name of Rebbi Samuel bar Naḥman: On it the tribes were permitted to intermarry. As it is written, family heritage should not be transferred from tribe to tribe; but the Children of Israel shall stick everyone to the family heritage of his forefathers, etc. And it is written, any daughter inheriting family heritage in the tribes of the Children of Israel, etc. How is it possible for a daughter to inherit from two tribes? Explain it if her father was from one tribe and her mother from another tribe. But the Rabbis say, on it the tribe of Benjamin was permitted to intermarry, as it is written, cursed be he who gives a wife to Benjamin. They read a verse and included him; they read a verse and excluded him. They read a verse and included him, Ephraim and Manasse shall be to me like Reuben and Simeon. They read a verse and excluded him, a people and community of peoples shall be from you and kings will come from your loins, and Benjamin was not yet born. Rebbi Abun said, digging stopped on it, as Rebbi Levi said, on every eve of the Ninth of Av, Moses had a declaration published in all the encampment and said, go out for digging, go out for digging. They went out, dug graves for themselves, and slept. In the morning they were getting up and found themselves missing 15’000 and detail. In the last year they did that, got up, and found themselves whole. They said, maybe we erred in the computation. The same on the Tenth, the Eleventh, the Twelfth, the Thirteenth, and the Fifteenth. Since the moon was full they said, it seems that The Holy One, praise to Him, vacated this hard judgment against us. They got up and made a holiday.

HALAKHAH: Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi: One does not interrupt between Purim and cow. Rebbi Levi in the name of Rebbi Ḥama bar Ḥanina: One does not interrupt between cow and this month. Rebbi Levi said, a sign for these paragraphs, “between these cups, he may drink if he wants to drink; between the third and the fourth he may not drink.” Rebbi Levi in the name of Rebbi Ḥama bar Ḥanina, it would have been logical that this month should precede cow since the Tabernacle was erected on the First of Nisan and the cow was burned on the Second. Why does cow precede? Because it is the purification of all of Israel.

Rav Ḥiyya bar Ashi in the name of Rav: One is permitted to knit a net on the holiday to catch fish on the holiday. Rav Jehudah instructed that sieves may be made on the holiday for the needs of the holiday. Rebbi Immi instructed that pompa may be made on the holiday for the needs of the holiday. The rabbis of Caesarea are saying, one fires pans and pots for the needs of the holiday. Samuel said, one pitches barrels but one does not pitch pitchers. One pitches barrels since the pitch is thin; one does not pitch pitchers since the pitch is glazed. Some do switch: one pitches pitchers but one does not pitch barrels. One pitches pitchers since this is for immediate use; one does not pitch barrels, since this is for storage.

Mustachios and cutting fingernails. There are Tannaim who state, permitted on a holiday and forbidden in mourning. There are Tannaim who state, forbidden on a holiday and permitted in mourning. He who said permitted on a holiday, if there happens to be a holiday; and forbidden in mourning, if there is no holiday. He who said forbidden on a holiday, if it involves trickery; and permitted in mourning, without trickery. Rav Ḥiyya bar Ashi in the name of Rav: practice follows him who is lenient at both occasions. Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: practice follows him who is lenient in the rules of mourning. Rav said, the lips follow cutting fingernails in all respects. Rebbi Jeremiah said, only if they interfere. Rebbi Isaac bar Naḥman in the name of Rebbi Ḥanina: A pair came before Rebbi about lips and cutting fingernails and Rebbi permitted it to them. Rebbi Simon in the name of Rebbi Ḥanina: There were two pairs, one from Amatheh and one from Yedid-Aleh, one about lips and one about cutting fingernails, and Rebbi permitted to them. As the following. The sister of Rebbi Samuel bar Abba died and he was sitting cutting his fingernails. Rebbi Eleazar visited him and he did not cover them. Rebbi Nathan bar Abba visited him and he was covering them. He said to him, you did not cover them in front of Rebbi Eleazar; but in front of me you are covering them? He answered him, do you think that you are as dear to me as Rebbi Eleazar?

Rebbi Isaac ben Tevele in the name of Rebbi Eleazar: The reason of Rebbi Jehudah: “ The first-born whom she will bear shall be”; He compared it to a first-born. Since the first-born does not inherit during his father’s lifetime, so this one does not inherit during his father’s lifetime. But since the first-born inherits after his father’s death, does this one inherit after his father’s death? Rebbi Ze‘ira said, since the first-born does not inherit when it was time to inherit, so this one does not inherit when it was time to inherit. Afterwards he cannot inherit. Rebbi Abba bar Cahana, Rebbi Ḥiyya bar Ashi in the name of Rav: Practice follows Rebbi Jehudah. Rebbi Joshua ben Levi said, practice follows Rebbi Judah. Rebbi Abbahu, Rebbi Eleazar in the name of Rebbi Hoshaia, practice follows Rebbi Judah. Rebbi Joḥanan said, many times I sat before Rebbi Hoshaia and never heard that from him. He said to him, does nobody exist who heard something his partner did not hear?

Rab Ḥiyya bar Ashi was sitting before Rav who saw him disturbed. He said to him, what is the matter? He said to him, my female donkey is pregnant and will give birth; then I have to get her to copulate before she is out of heat. He said to him, when did the male mount her? He said, on day X. He calculated and said, she still has some time until then. It was stated so: A quick female donkey does not need less than the days of the moon and one who is late is not later than the days of the sun. The words of Rebbi Joshua ben Levi disagree, since Rebbi Joshua ben Levi said, the cattle herd of the government was there for copulating and those of the house of Rebbi took bulls from them to copulate. Some of them gave birth soon and some of them later. Here it is about a pure animal, there about an impure animal. But is it not written, “do you know the time the mountain goats will give birth, etc.” “Count months, make them complete, you will know the time of their giving birth.” “Do you know the time of giving birth?” A pure wild animal is like a domestic impure animal.

A slave may be a permanent sojourner. A sojourner is like a Gentile in every respect. Rebbi Samuel bar Ḥiyya bar Jehudah in the name of Rebbi Ḥanina: One keeps the sojourner for twelve months. If he changes his mind, that is fine; otherwise he is like a Gentile in all respects. Rebbi Samuel bar Ḥiyya bar Jehudah, Rebbi Ḥanina in the name of Rebbi: The sojourner has to accept on condition that he may eat cadaver meat. Rebbi Hila said, one would then say, the words are [interpreted] as they are written. What does it mean, the words are [interpreted] as they are written? Rebbi Yose ben Ḥanina said, “You shall not eat any cadaver; to the sojourner in your midst you shall give it that he eat it.” Some Tannaim state: One does not receive a sojourner unless he accepts all commandments written in the Torah. Some Tannaim state: One does not receive a sojourner unless he renounces his idolatry. Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi: One does not receive a sojourner unless he renounces his idolatry as a Gentile. Rebbi Ze‘ira said, from their consensus: unless he renounces his idolatry as a Gentile. For if it were not so, what would we say? Since he is forbidden idolatry he cannot render profane. But are Gentiles not also forbidden idolatry and they do render profane? Rebbi Yose said, that you should not say, since he is equal to an Israel in three respects, do not oppress, do not cheat, and he is exiled like an Israel, that he has no power to render profane. Therefore, it was necessary to spell out that he renders idols profane like a Gentile. Who is the Tanna who includes “do not oppress”? He is Rebbi Yose ben Rebbi Jehudah, as it was stated: The sojourner is protected by the prohibition, the words of Rebbi Yose ben Rebbi Jehudah.

Rebbi Abba in the name of Rav Ḥiyya bar Ashi: It happened that a girl went to wash at the river when they said to her, your betrothed is passing by. She said, let my mother go and marry him! When the case came before the Sages, they said that there is no repudiation stronger than that. Rebbi Ḥanina said, It happened that a girl went to buy flax from the flax dealer when they said to her, your betrothed is passing by. She said, let my mother go and marry him! When the case came before the Sages, they said that there is no repudiation stronger than that. It was stated in the name of Rebbi Jehudah: “Even if she went to buy something at the store and said, I cannot endure my husband X, there is no repudiation stronger than this.

HALAKHAH: Is the degree of acquisition of one equal to that of the other? What does he do? Rav Ḥiyya bar Ashi in the name of Rav: He marries the deaf-mute and divorces her; the underage girl has to wait until she can perform ḥalîṣah.” Why can she not perform ḥalîṣah immediately? She cannot because of Rebbi Meїr, since Rebbi Meїr said that one does not perform levirate or ḥalîṣah with an underage girl, since she might be found to be a she-ram. If he sleeps with the underage girl, he has to divorce her, and the deaf-mute is permanently forbidden. If he transgressed and had intercourse with the deaf-mute, he divorces her and she became permitted.” This follows what Rebbi Hila said, in order to fix her status. Rebbi Abun bar Ḥiyya asked before Rebbi Hila: What means, “in order to fix her status”? As you say there, he should perform ḥalîṣah for the aspect that was acquired in her and marry her co-wife; could he not perform ḥalîṣah for the aspect that was acquired in the underage girl and marry the deaf-mute? He said to him, so says Rebbi Simeon ben Laqish: We never find two sisters-in-law of whom one performs ḥalîṣah and one is married in levirate. Do we find two sisters-in-law of whom one performs ḥalîṣah and one is divorced? He said to him, that happens. That is what we have stated there: “If he ‘bespoke’ one and performed ḥalîṣah with the other, the first one needs a bill of divorce”.

What is a quarrel? Rebbi Abba in the name of Rav Ḥiyya bar Ashi. “You never gave me qiddušin, you did not divorce me, I never was your wife,” that is not a quarrel. “You gave me qiddušin, you divorced me, but you never paid me what is owed me under my ketubah,” that is a quarrel. When Rebbi Abba said this before Rebbi Ḥiyya bar Abba, he said to him, my son, even if she clearly requests to be divorced.

At less than three years and one day of age, Rebbi Yose in the name of [Rav] Ḥiyya bar Ashi, Rebbi Jonah, Rav Ḥiyya bar Ashi in the name of Rav: What is this like? One makes a dimple in the flesh which straightens out by itself. Rebbi Ḥiyya stated: Like one who muddies a source which becomes clear again. Rebbi Yose said, a Mishnah says so: Younger than that, it is as if one puts a finger on an eye. Rebbi Abun said: “I am calling to Almighty God, to the God who decides with me.” If a girl is three years and one day old, if the Court decided to lengthen, her hymen repairs itself, otherwise her hymen does not repair itself.

At less than three years and one day of age, Rebbi Yose in the name of [Rav] Ḥiyya bar Ashi, Rebbi Jonah, Rav Ḥiyya bar Ashi in the name of Rav: What is this like? One makes a dimple in the flesh which straightens out by itself. Rebbi Ḥiyya stated: Like one who muddies a source which becomes clear again. Rebbi Yose said, a Mishnah says so: Younger than that, it is as if one puts a finger on an eye. Rebbi Abun said: “I am calling to Almighty God, to the God who decides with me.” If a girl is three years and one day old, if the Court decided to lengthen, her hymen repairs itself, otherwise her hymen does not repair itself.

Both Rebbi Jeremiah, Rebbi Ḥama bar Uqba, say in the name of Rebbi Ḥanina in the name of Rebbi Yannai: Rebbi Joshua agrees in the case of the rape victim. Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi Joḥanan: Rebbi Joshua agrees in the case of the rape victim. Rav Ḥiyya bar Ashi said in the name of Rav: Practice follows Rebbi Yose who said in the name of Rebbi Yoḥanan ben Nuri. Rebbi Ze‘ira asked before Rebbi Yasa: How does one act in a practical case? He said to him, following Rebbi Yose who spoke in the name of Rebbi Yoḥanan ben Nuri.

What are palisades? Rebbi Abba in the name of Rav Ḥiyya bar Ashi: For examples if bells, chains, and ropes, and geese, and chickens and machinery surround the town. And Rebbi Abba in the name of Rav Ḥama bar Ashi said, it happened that a blind woman was able to flee from there. If there was one breach, it saves all. If there were hiding places, it is questionable. Rebbi Ze‘ira, Rebbi Abba bar Zavda, Rebbi Isaac bar Ḥaqula, in the name of Rebbi Yudan the prince: Only if there were palisades of that government. But palisades from another government are like robbers.

What are palisades? Rebbi Abba in the name of Rav Ḥiyya bar Ashi: For examples if bells, chains, and ropes, and geese, and chickens and machinery surround the town. And Rebbi Abba in the name of Rav Ḥama bar Ashi said, it happened that a blind woman was able to flee from there. If there was one breach, it saves all. If there were hiding places, it is questionable. Rebbi Ze‘ira, Rebbi Abba bar Zavda, Rebbi Isaac bar Ḥaqula, in the name of Rebbi Yudan the prince: Only if there were palisades of that government. But palisades from another government are like robbers.

HALAKHAH: “If he did not write her “if you are kidnapped I shall ransom you,” etc. “If she was kidnapped he is obligated to ransom her,” etc. It was stated: If a sister-in-law was kidnapped, the heirs do not have to ransom her. Rebbi Ḥiyya bar Ashi in the name of Rav: Not only if she was kidnapped when her husband was still alive but even if she was kidnapped after the husband’s death, the heirs do not have to ransom her. Rebbi Ḥiyya bar Aḥa: The Mishnah supports Rav: “And bring you back as wife;” there is no “wife”.

HALAKHAH: “If somebody invests in his wife’s properties,” etc. Rebbi Abba in the name of Rav Ḥiyya bar Ashi: Even if he ate only one basket of dates. Assi said, that is, if the investment is greater than the increase in value. But if the increase in value is greater than the investment, one gives him the increase in value. A baraita disagrees with Assi: “In all cases one evaluates it as for a sharecropper.” The baraita disagrees about planting; what Assi said was about a building. The baraita disagrees about planting, is that what Rebbi Abba said in the name of Rav Ḥiyya bar Ashi: Even if he ate only one basket of dates. He said to him, in one case if he ate, in the other if he did not eat.

HALAKHAH: “If somebody invests in his wife’s properties,” etc. Rebbi Abba in the name of Rav Ḥiyya bar Ashi: Even if he ate only one basket of dates. Assi said, that is, if the investment is greater than the increase in value. But if the increase in value is greater than the investment, one gives him the increase in value. A baraita disagrees with Assi: “In all cases one evaluates it as for a sharecropper.” The baraita disagrees about planting; what Assi said was about a building. The baraita disagrees about planting, is that what Rebbi Abba said in the name of Rav Ḥiyya bar Ashi: Even if he ate only one basket of dates. He said to him, in one case if he ate, in the other if he did not eat.

HALAKHAH: “All the time she lives in her father’s house,” etc. For the good she received; her properties became delivered during her husband’s lifetime and after 25 years she gave up the claim to her ketubah. Rav Ḥiyya bar Ashi in the name of Rav Ḥiyya asked before Rebbi La: One understands for a woman who has no ketubah. But should a woman who has a ketubah not be able to collect forever? He answered him, it tells you more: Even a woman who has a ketubah collects only up to 25 years. The statement of Rebbi Eleazar says, the creditor collects forever. He said only, “the creditor”; but a woman can collect only up to years. Rebbi Abin said, this is reasonable only for a woman who is not being supported. But for a woman who is being supported, I say that she did not claim it because of her support.

HALAKHAH: “Rebbi Eleazar ben Azariah said three things before the Sages in the vineyard at Jabne: About [people in] a city which was surrounded by palisades.”What are palisades? Rebbi Abba in the name of Rav Ḥiyya bar Ashi: For example if bells, chains, and dogs, and geese, and chickens, and soldiers surround the town. And Rebbi Abba in the name of Rav Ḥiyya bar Ashi said, it happened that a blind woman was able to flee from there. If there was one breach, it saved all. If there were hiding places, it is questionable. Rebbi Ze‘ira, Rebbi Abba bar Zavda, Rebbi Isaac bar Ḥaqula, in the name of Rebbi Yudan the Prince: Only if there were palisades of that government. But palisades from another government are like robbers.

HALAKHAH: “Rebbi Eleazar ben Azariah said three things before the Sages in the vineyard at Jabne: About [people in] a city which was surrounded by palisades.”What are palisades? Rebbi Abba in the name of Rav Ḥiyya bar Ashi: For example if bells, chains, and dogs, and geese, and chickens, and soldiers surround the town. And Rebbi Abba in the name of Rav Ḥiyya bar Ashi said, it happened that a blind woman was able to flee from there. If there was one breach, it saved all. If there were hiding places, it is questionable. Rebbi Ze‘ira, Rebbi Abba bar Zavda, Rebbi Isaac bar Ḥaqula, in the name of Rebbi Yudan the Prince: Only if there were palisades of that government. But palisades from another government are like robbers.

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

Rav Jeremiah in the name of Rav: Jews who forced in the manner of Gentiles make invalid, even if he says, I shall not feed nor provide. Rebbi Ḥiyya stated: Gentiles who forced in the manner of Jews are valid, even if he says, I shall not feed nor provide. Rebbi Yose said, the Mishnah says this: “Gentiles may tell him, whip him, and tell him, do what the Jews tell you to do.” Rav Ḥiyya bar Ashi in the name of Issy: If somebody says: “I shall not feed nor provide”, one forces him to divorce. Rebbi Jeremiah asked before Rebbi Abbahu: Does one force? He said to him, do you still have doubts? If one forces because of a foul smell, so much more because of sustenance! Rebbi Ḥizqiah, Rebbi Jacob bar Aḥa, Rebbi Yasa came in the name of Rebbi Joḥanan: If somebody says: “I shall not feed and I shall not provide”, one tells him: Either feed and provide, or divorce.

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

HALAKHAH: If somebody deposits produce with another person,” etc. Rebbi Abbahu said, if you would say that he should not touch them even if they are going to spoil, he will invent situations. Rebbi Abba bar Jacob in the name of Rebbi Joḥanan, Rebbi Abbahu in the name of Rebbi Joḥanan: Practice follows Rabban Simeon ben Gamliel. For example, Rebbi Joḥanan from Ḥaqoq deposited with the Elder Rebbi Ḥiyya a saddle bag full of leavened material. He came to ask Rebbi, who said it should be sold under the surpervision of the court when it would have to be destroyed. A person deposited with Rabbi Ḥiyya bar Ashi an amphora full of kutaḥ. He came to ask Rav, who said it should be sold under the surpervision of the court when otherwise it would have to be destroyed.

HALAKHAH: “Silver acquires gold,” etc. This is a summary of the matter: Anything worth less that the other acquires the other. Rebbi Ḥiyya bar Ashi said, who stated this? Rebbi Simeon ben Rebbi. His father told him, change your opinion and state the following: “Gold acquires silver.” He told him, I do not change my opinion since when your faculties were unimpaired, you instructed me to state: “Silver acquires gold.” The word of Rebbi implies that gold is like produce. The Mishnah implies that silver is like produce. [Rebbi Ḥiyya’s baraita implies that gold is like produce, but his word implies that silver is like produce, as in the following:] The elder Rebbi Ḥiyya’s daughter lent denars to Rav. She came and asked her father, who told her: Take from him good and full weight denars. Do we learn from Rebbi Ḥiyya’s daughter? Rebbi Idi said, also Abba, Samuel’s father, asked before Rebbi: May one lend denars against denars? He answered him, it is permitted. Rebbi Jacob bar Aḥa said, also Rebbi Joḥanan and Rebbi Simeon ben Laqish both instruct: It is permitted to lend denars against denars. Qerat against qerat is permitted, lekan against lekan is forbidden.

Rebbi Zeˋira, Rav Ḥiyya bar Ashi in the name of Cahana: He who is planting on the Sabbath is guilty because of sowing. Rebbi Ze`ura said, he who prunes is like one who plants. If he planted and pruned on the Sabbath, according to Cahana he is guilty on two counts, according to Rebbi Ze`ura only on one count. Did not Rebbi Ze`ura say the pruner is like the planter, did perhaps he say the planter is like the pruner? All was included in the category of sowing; pruning was singled out for particular stringency. Because pruning was singled out for particular stringency you want to exempt it because of sowing? This means, there is no difference. If he planted and pruned on the Sabbath, according to both Cahana and Rebbi Ze`ura he is guilty on two counts

And like planted nails. Why does he not say, “like fixed nails and planted trees”? They chose and selected the iron and improved the planting of iron rods. Another explanation, and like planted nails. Just as this nail, once it has been fixed, if you then remove it from its place, its place remains visible; so everybody against whom the rabbis stretched out their hand, even if afterwards they took him back, in the end he will take what is coming to him from their hands. Another explanation, and like planted nails; it is written watches. Since there are 24 watches, there should be 24 nails. How many nails should it have? Rebbi Joḥanan said five, corresponding to the five books of the Torah. Rebbi Ḥinena said seven, corresponding to your days are your steps. Rebbi Aḥa explained following Rebbi Ḥanina: nine. Rebbi put eleven on one [shoe] and thirteen on the other, for the number of watches. Rebbi Yose ben Ḥanina said, a crooked nail is not counted with the nails. Rebbi Abba bar Zavda asked before Rebbi Zeˋira: may one put all of them on one boot? He told him, it is permitted. May one put all of them on one sandal? He told him, it is permitted. It was stated: One does not scrape old boots or sandals but one may anoint them or dip them in water. Rebbi Crispus in the name of Rebbi Joḥanan: The students of the Elder Rebbi Ḥiyya say that those of first rank said, one may scrape, those of second rank said, one may not scrape. They asked Rebbi, who told them, one does not scrape. Rebbi Zeˋira said, here goes one of the students of the Elder Rebbi Ḥiyya. Rebbi Ḥiyya bar Ashi said, we used to sit before Rav and were anointing and rinsing, but not scraping. It was stated: A person should wear new boots and sandals only if he walked in them during daytime. How far should he walk? The people from the house of Bar Qappara said, from the House of Study of Bar Qappara to the House of Study of Rebbi Hoshaia. The Sepphoreans say, from the Babylonian synagogue to Rebbi Ḥama bar Ḥanina’s house. The Tiberians say, from the Academy to Rebbi Hoshaia’s store. It was stated: Nobody should anoint his foot in a shoe or sandal but he may anoint his foot and step into his shoe or his sandal. One may anoint himself and roll on a tarpaulin without worry. One should not put it on a marble slab to roll himself in it, but Rabban Gamliel permits it. Another explanation, and like planted nails. If words about Torah are spelled out clearly by their authors, they are sweet to their listeners like well-ordered saplings. But if they come out confused, they are as bitter for their listeners as nails.

Rav Ḥiyya bar Ashi in the name of Rav: A document produced by the creditor in the creditor’s handwriting is invalid, for I am saying that he has practiced writing documents. This implies that in the hand of another it would be valid. Rebbi Abinna in the name of Samuel: It is always invalid unless it be in the creditors’s possession but in the debtor’s handwriting. What about this? Rebbi Yose ben Rebbi Bun said, explain it according to everybody about a testamentary gift.

Rebbi Ḥiyya bar Ashi in the name of Rav: Rebbi was sitting and teaching his son Rebbi Simeon. The Gentile annuls his own idol and that of his neighbor. He said to him, when you still were in full mental powers you quoted Tannaim stating that a Gentile annuls his own idol and that of a Jew. He answered him, no, my son. An idol which a Jew had worshipped can never be annulled. And it was stated so: “Rebbi Simeon ben Menassia says, an idol which a Jew had worshipped can never be annulled.” Rav stated in the name of the reason of this Tanna: Cursed be the man who makes a hewn or molten image, forever.

Rav Ḥiyya bar Ashi was sitting before Rav who saw him disturbed. He said to him, what is the matter? He said to him, my female donkey is pregnant and will give birth; then I have to get her to copulate before she is out of heat. He said to him, when did the male mount her? He said, on day X. He calculated and said, she still has some time until then. It was stated so: A quick one does not need less than the days of the moon and one who is late is not later than the days of the sun. The words of Rebbi Joshua disagree, since Rebbi Joshua ben Levi said, the cattle herd of Antoninus passed by and those of the house of Rebbi took bulls from them to copulate. Some cows gave birth soon and some of them later. Here it is about an impure animal, there about a pure animal. But is it not written, “do you know the time the mountain goats will give birth, watch the birthing of gazelles,” “count months, make them complete, you will know the time of their giving birth.” He told him: A pure wild animal is like a domestic impure animal.

“The House of Shammai say, she needs two cloths for each intercourse or she should have sex by candle light.” But was it not stated: The person who engages in sex by light is blameworthy? So is the Mishnah: She may have sex and [then] check by candle light. Rebbi Ze‘ira, Rav Ḥiyya bar Ashi in the name of Rav: If she had intercourse using a cloth, she is forbidden to her house. Rebbi Ze‘ira said, if her proof exists, she is permitted; if there is no proof, not so much more? Rebbi Yose said, there, you can determine the facts; here, you cannot determine the facts.

Is it then customary for a queen to sit in a sukkah with many recesses? ... Rav Ashi answered: [The ruling] was necessary only in the case of the recesses in it.

Rather for R. Judah the law was learned as a tradition, for R.Hiyya b. Ashi in the name Rav: The laws concerning [minimal measures], interpositions and partitions are [a part of the] halakhah that was given to Moses on Sinai.

R. Ashi found R. Kahana making [the third wall of a Sukkah] a loose handbreadth wide and constructing also the form of a doorway. He said to him: Does not the Master hold the opinion of Rava who said that it is also valid with the form of a doorway? He answered: I hold like the other reading of [the statement of] Rava that in addition [to a board of the size of a handbreadth] the form of a doorway is also necessary.

Mar Kashisha the son of R. Hisda said to R. Ashi: Do you think that a man occupies one cubit? . [The fact is that] three men occupy two cubits.. How much then does this [amount to for twenty-four men]?. Sixteen cubits; and we [really] demand here sixteen and four fifths. [Because, as has been said, R. Yohanan] gave only an approximate figure...

R. Assi said to R. Ashi: In truth, a man occupies a cubitspace, but R. Yohanan does not include the space occupied by the men.

It was stated: The decorations of a Sukkah do not diminish [the height of] the Sukkah. R. Ashi said: But at the side, they do diminish [the size of a Sukkah].

Minyamin, the servant of R. Ashi, had his shirt soaked in water, and he spread it out on their Sukkah. R. Ashi said to him, ‘Remove it, lest they say that it is permissible to use as a covering something which is susceptible to impurity. ‘But can they not see that it is wet?’ ‘I mean [the first answered] when it is dry.'

Minyamin, the servant of R. Ashi, had his shirt soaked in water, and he spread it out on their Sukkah. R. Ashi said to him, ‘Remove it, lest they say that it is permissible to use as a covering something which is susceptible to impurity. ‘But can they not see that it is wet?’ ‘I mean [the first answered] when it is dry.'

When he came before R. Hiyya b. Ashi the latter said to him: Thus said Rav, [In such a case the threads] may be cut and they are valid. Thus it is obvious that their cutting is considered their making, so too here, their cutting is considered their making.

R. Ashi replied, ‘From your threshing-floor’, but not the threshing-floor produce itself, "from your wine-press’, but not the wine-press produce itself.

R. Ashi said: Are then bundles of straw, bundles of wood and bundles of brushwood forbidden only because of the possible use of a store-house and not because of, "You shall make [which implies], but not from that which is made," and is the hollowing out of a haystack forbidden only because of the "You shall make which implies but not from that which is made," and not because of the possible use of a store-house?

R. Ashi found R. Kahana placing skhakh over an exedra which had no pillars He said to him: Does not the master hold the opinion which Rava stated, that if it has pillars it is valid, but if it has no pillars it is invalid? He showed him [that a pillars] was visible within though level on the outside

R. Kahana was sitting and he recited this statement. Rav Ashi said to Rav Kahana, do we then not apply the law of ‘beat and throw down’ where an object is not a handbreadth wide?

Our Rabbis taught: Casual eating is permitted outside the Sukkah, but not casual sleeping. What is the reason? R. Ashi said: It is a decree lest he fall fast asleep.