bar
4169 occurrences across the corpus
The Jerusalem Talmud
A lady asked Rebbi Eliezer, why did one sin of the golden calf lead to three different kinds of death? He said to her, the wisdom of a woman is only in her spinning rod, as is written: “All wise women span with their hands.” His son Hyrkanos said to him, in order not to give her an answer you made me lose 300 kor of tithes every year. He answered him: May the words of the Torah be burned and not be delivered to women! After she had left, his students said to him, rabbi, this one you pushed away with a stick, what do you explain to us? Rebbi Berekhiah, Rebbi Abba bar Cahana in the name of Rebbi Eliezer: Anybody against whom there were witnesses and warning was executed in court. Anybody against whom there were witnesses but no warning was checked similar to a suspected wife. Anybody against whom there were neither witnesses nor warning died from a plague. Rav and Levi bar Sissi both say: One who sacrificed, burned, and poured out a libation was executed in court. He who clapped his hands, danced, laughed, was checked similar to a suspected wife. If he enjoyed himself silently, he died from a plague.
We have stated there: “Rebbi Simeon says, a fistful is taken from the sinner’s flour offering of a Cohen. The fistful is sacrificed separately and the rest is sacrificed separately.” Both of them explained the same verse: “It shall be the Cohen’s as a flour offering.” The rabbis say, it is like his voluntary flour offering. Since his voluntary flour offering is brought entire, that one also is brought entire. Rebbi Simeon says, the tenth of an epha of a Cohen is like the tenth of an epha of an Israel. Since a fistful is taken from the tenth of an epha of an Israel, so a fistful is taken from the tenth of an epha of a Cohen. Maybe, since this one is eaten, the other is also eaten? The verse says, “Any flour offering of a Cohen shall be totally burned; it shall not be eaten.” The rest, under which category is it brought, under the rules of a fistful or under the rules of remainders? If you want to say, under the rules of a fistful, one cannot bring them during the night, one cannot bring them after death, and he is forbidden to think about them. If you want to say, under the rules of a remainder, one can bring them during the night, one can bring them after death. Is he forbidden to think about them? Let us hear from the following: Rebbi Eleazar ben Rebbi Simeon says, the fistful is sacrificed separately and the rest dispersed over the ashes. Rebbi Joḥanan asked, where are we holding? If the upper ashes, Rebbi Simeon already said it. If it cannot refer to the upper ashes, let it refer to the lower ashes. That means, one can bring them during the night, one can bring them after death, and he can think about them. Rebbi Yose ben Rebbi Abun said, he is forbidden to think about them since they are not qualified as food either for humans or for the altar. Rebbi Abba bar Mamal asked: Does Rebbi Eleazar ben Rebbi Simeon follow the rules of his father or the rules of the rabbis? According to the rules of his father, it should be brought on top [of the altar]. According to the rules of the rabbis, why should he take a fistful? He follows his father’s rules. Rebbi Simeon says, the tenth of an epha of a Cohen is like the tenth of an epha of an Israel. Since a fistful is taken from the tenth of an epha of an Israel, so a fistful is taken from the tenth of an epha of a Cohen. Maybe, since this one is eaten, the other is also eaten? The verse says, “Any flour offering of a Cohen shall be totally burned; it shall not be eaten.” Then it should be burned totally! You bound it to “it shall not be eaten”; you did not bind it to “it has to be sacrificed in its entirety.”
Rebbi Yose said, Rebbi accepted the opinion of Rebbi Eleazar ben Rebbi Simeon and taught accordingly. Rebbi Abba bar Cohen asked before Rebbi Yose: Why Rebbi Eleazar ben Rebbi Simeon? Even following his father, Rebbi Simeon! He said to him, “eating” is on the altar, “burning” is not on the altar. Rebbi Ḥanina objected before Rebbi Mana: Did not Rebbi Ḥiyya disagree: “It cannot be burned completely because of the wife’s part; it cannot be eaten because of the husband’s part.” He said to him, Rebbi accepted the opinion of Rebbi Eleazar ben Rebbi Simeon, the elder Rebbi Ḥiyya accepted the opinion of the latter’s father Rebbi Simeon.
Rebbi Jacob bar Aḥa said, Aqabiah asked Rebbi Simeon ben Laqish who instructed him: 24 months. Rebbi Jeremiah: Aqabiah asked Rebbi Ḥanina who instructed him: 24 months. How? Two cases were there, one in the name of Rebbi Ḥanina and one in the name of Rebbi Simeon ben Laqish. Rebbi Mana instructed: eighteen months, and fasted that entire day. Rebbi Mar Uqba instructed in Arbela: 24 months, even if the baby had died.
HALAKHAH: “A Cohen’s wife drinks,” etc. Otherwise, what could we say? She drank and the water had no influence on her; she is pure! I could say, merit suspended for her. That is according to him who says that merit suspends and it is not recognizable. But following him who says that merit suspends and it is recognizable? Rebbi Isaac said, really we deal with the case that she drank and the water had no influence on her; that you should not say since the water has no influence on a rape victim, but only on a seduced woman, this one is a rape victim. But a rape victim in the priesthood is like a willing one for an Israel, therefore it is necessary to say that she is permitted to her house. From where that rape disables a married woman in the priesthood? Since in matters of crawling things, which are a trifling matter, He made forced [impurity] equal to intentional [impurity], in the weighty matter of the deviant not so much more? Rebbi Jacob bar Idi stated before Rebbi Jonathan: “If you deviated from under your husband and became defiled,” that excludes rape. How do you understand this? He said to him, just as “under your husband” is by consent, so “if you became defiled” is by consent. “She was not raped”, she is forbidden. Therefore, if she was raped, she is permitted. But there is a rape victim which is forbidden for an Israel. Who is that? That is one who started by consent and ended up raped. And there is one who is not a rape victim which is permitted to an Israel. Who is that? That is one who started as a rape victim and ended up consenting. Like that woman who came to Rebbi Joḥanan and said to him, I was raped. He said to her, but was it not sweet to you in the end? She said to him, if a person dips a finger into honey and puts it into his mouth on the Day of Atonement, does he not feel bad about it and at the end it is sweet? He accepted her.
Did we not state: “Just as the water checks her out so it checks him out”? Just as she is forbidden to her husband, so she is forbidden to her paramour. Just as she is forbidden to her husband’s brother, so she is forbidden to her paramour’s brother. Just as the water checks her out for every single intercourse for which she receives her husband after [intercourse with] her paramour, so it checks him out. Since she in general becomes forbidden, whether by him or by another [man], she is checked out. But when he makes [her] drink, he is checked out. If it checked him out but not her, I would say that merit suspends for her. That is according to him who says that merit suspends and it is not recognizable. But following him who says that merit suspends and it is recognizable? Look, she was not recognized! But I could say that she drank uncovered water and it swelled. They should not have her checked out in this way but correctly! But I could say that he was in secret with other women. Did we not think to say, when he makes [her] drink, he is checked out? Explain it that he had criminal intent but she acted in error; then the water checked him out but not her. [ If the water checked her out but not him,] I would say that merit suspends for (her) [him]. That is according to him who says that merit suspends and it is not recognizable. But following him who says that merit suspends and it is recognizable? Look, she was not recognized! But I could say that she drank uncovered water and her belly swelled. They should not have her checked out in this way but correctly! But I could say that she was in secret with other men. Then if he divorced her, she would be permitted to him. Explain it that he acted in error but she had criminal intent; then the water checked her out but not him. If he had criminal intent but she acted in error, then it is obvious that she is permitted to her house. If he divorced her, would she be permitted to him? Is it possible to say that he had criminal intent and you say so? If he acted in error but she had criminal intent, it is obvious that she is forbidden to her house. If he divorced her, would she be permitted to him? Is it possible to say that she left because of him and you say so? From where do we know that all depends on her? Simeon bar Abba in the name of Rebbi Joḥanan: Is is written: “Do not ejaculate semen into your neighbor’s wife to be impure through her.” It depends on her; if she had criminal intent, she is forbidden, acted in error she is permitted.
There, they say: The prophet Haggai asked two questions; one they answered correctly and one incorrectly. “Assume a man carries holy meat in the corner of his garment.” The corner is of primary impurity, the holy meat of second degree, bread and soup of third degree, wine, oil, and food of the fourth. Does there exist a fourth degree of impurity for sanctified food? “The Cohanim answered, and said: No.” They did not answer correctly, since there is a fourth degree of impurity for sanctified food. “Ḥaggai said, if a person impure by the impurity of the dead would touch all of these, would they be impure?” If the corner would be impure by the impurity of the dead and touched these. Would it be impure? “The Cohanim answered and said, it would be impure.” They answered correctly. But Rebbi Jeremiah, Rebbi Ḥiyya said in the name of Rebbi Joḥanan: He asked them before they decided about fourth degree [impurity] for sanctified food. Then why did he curse them? As a person who looks for a pretext against his neighbor. What difference does it make for the House? Is that not what he said: “What they are sacrificing there is impure”? That is what Rebbi Simon bar Zavdi said, they found the skull of Oman the Jebusite under the altar.
Rebbi Aḥa in the name of Rebbi Abba bar Cahana: They were expert in pushings but not expert in slight impurities. “Assume a man carries holy meat,” he asked them whether someone impure by the impurity of the dead imparts impurity by pushing. “The Cohanim answered, and said: No;” they answered him correctly. He asked them whether someone impure by the impurity of the dead imparts slight impurity. “The Cohanim answered and said: It will be impure.” They did not answer correctly, for the impurity of the dead does not impart slight impurity.
Rebbi Tanḥuma, Rebbi Phineas, in the name of Rebbi Levi: He asked them about the fifth degree of sanctified food. “Assume a man carries holy meat in the corner of his garment.” The corner is of primary impurity, the holy meat of second degree, bread and soup third, wine and oil fourth, and the food of the fifth degree. Does there exist fifth degree impurity for sanctified food? “The Cohanim answered, and said: No.” They did answer correctly, since there is no fifth degree impurity for sanctified food. Then why did he curse them? As a person who looks for a pretext against his neighbor. What difference does it make for the House? Is that not what Rebbi Simon bar Zavdi said, they found the skull of Ornan the Jebusite under the altar.
It was stated: “Rebbi Yose said, from where that the fourth degree is disabled in sanctified food? It is an argument. Since one who lacks expiation is not disabled for heave but disabled for sanctified food, it is only logical that third degree [impurity] which is disabled for heave should disable for sanctified food. That means, we learned third degree from a verse and fourth degree from an argument de minore ad majus.” Rebbi Joḥanan objected: Food that was touched by a ṭevul yom is a counterexample, because it is disabled in the case of heave but not disabled in the case of sanctified food. Rebbi Ḥiyya in the name of Rebbi Joḥanan: Rebbi Yose argues the method of his teacher Rebbi Aqiba. Just as Rebbi Aqiba says “it will be impure”, it makes impure by the words of the Torah, so Rebbi Yose says “it will be impure”, it makes impure by the words of the Torah. Rebbi Abbahu in the name of Rebbi Yose bar Ḥanina: Rebbi Yose does not need that argument de minore ad majus. Rebbi Yose explains the verse: “Any meat which would touch”, that is second degree food because it touched primary impurity; “anything impure”, that is third degree food because it touched second degree impurity; “shall not be eaten”, the endstage of impurity cannot be eaten.
HALAKHAH: “On the same day, Rebbi Aqiba explained: “You shall measure outside the city”, etc. Rebbi Eliezer, the son of Rebbi Yose the Galilean, said, 2000 cubits the domain of the levitic cities. Deduct from them 1000 cubits open space, there results one quarter open space and the remainder fields. Rebbi Jeremiah, Rebbi Samuel bar Rav Isaac in the name of Rav: A quarter of 1000113. Rebbi Isaac said, even if you say a quarter from every side, it is a quarter. He who wants to make a square from four amphoras needs sixteen. Rebbi Mana estimated it from a brick, Rebbi Abin estimated it from a strip, Rebbi Oshaiah estimated it from a dish. Rebbi Yose ben Rebbi Abun said, 50 by 50 form a bet se’ah; 100 by 100 are four bet se’ah. As it happened to the Resh Galuta when it was imposed on him to fill a hall of 40 by 40 cubits with wheat. He came to Rav Huna who said to him, negotiate that they should take from you 20 by 20 now and 20 by 20 later; you will earn half.
From where that one does not bury in a levitic city? Rebbi Abbahu in the name of Rebbi Yose bar Ḥanina: “Their open spaces shall be for their animals, their property, and their lives.” They were given for their animals and their lives; the were not given for burial.
HALAKHAH: “Rebbi Joshua said, who would remove the dust from your eyes, Rabban Joḥanan ben Zakkai,” etc. When was Job? Rebbi Simeon ben Laqish in the name of Bar Qappara: He was in the days of our father Abraham; that is what is written: “ A man was in the land of Oz, his name was Job.” And it is written, “ Oz his firstborn.” Rebbi Abba said, in the days of our father Jacob and Dinah was his wife; that is what is written: “ You speak like one of the impious ones”, and it is written: “ For an impiety he did in Israel.” Rebbi Levi said, he was in the days of the tribes; that is what is written: “ What Sages would tell, they did not conceal from their fathers.” Rebbi Yose ben Ḥalaphta said, he was born when they descended into Egypt and he died when they left. A parable of a shepherd when a wolf came and attacked his flock. What did he do? He put up a ram against him. That is what is written: “ He delivered me to the evil one, he threw me amongst evildoers.” Rebbi Ismael stated: Job was one of Pharao’s servants, a great one in his government’. That is what is written: “ One who feared the word of the Eternal etc.”, and it is written about him, “ a man, artless and straight, fearing God and fleeing from evil”. Rebbi Yose bar Jehudah says, he was in the days when the Judges judged; that is what is written: “Behold, you all did see, why do you turn all into vapor.” You saw what my generation did, that they collect tithes on the threshing floors; “you loved whore’s wages on all grain threshing floors.” Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: He was in the days of the queen of Seba, as it is said: “Seba attacked and took them.” Rebbi Nathan said, he was in the days of the Chaldeans, as it is said: “The Chaldeans attacked from three sides.” Rebbi Joshua ben Qorḥa said, he was in the days of Asuerus, as it is said: “One shall look for beautiful virgins for the king.” And it is written, “no women were found like Job’s daughters.” Rebbi Joshua ben Levi said, he was of the returnees of the diaspora. Rebbi Joḥanan said, He was of the returnees from the diaspora and was a Jew. Therefore Rebbi Joḥanan learned from him the rules of mourning. “Job got up and tore his coat”; Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan: From here [one learns] that a mourner has to tear [his garment] while standing. Rebbi Ḥiyya stated: In My world I had one just Gentile, I gave him his reward and removed him from My world. Rebbi Simeon ben Laqish said, Job did not exist and will never live. The opinion of Rebbi Simeon ben Laqish is inconsistent: There, Rebbi Simeon ben Laqish said in the name of Bar Qappara: He was in the days of our father Abraham, but here he says so? But he did exist but his suffering did not. Then why is it written about him? To tell you that if it had come upon him, he would have withstood it.
HALAKHAH: “Rebbi Joshua said, who would remove the dust from your eyes, Rabban Joḥanan ben Zakkai,” etc. When was Job? Rebbi Simeon ben Laqish in the name of Bar Qappara: He was in the days of our father Abraham; that is what is written: “ A man was in the land of Oz, his name was Job.” And it is written, “ Oz his firstborn.” Rebbi Abba said, in the days of our father Jacob and Dinah was his wife; that is what is written: “ You speak like one of the impious ones”, and it is written: “ For an impiety he did in Israel.” Rebbi Levi said, he was in the days of the tribes; that is what is written: “ What Sages would tell, they did not conceal from their fathers.” Rebbi Yose ben Ḥalaphta said, he was born when they descended into Egypt and he died when they left. A parable of a shepherd when a wolf came and attacked his flock. What did he do? He put up a ram against him. That is what is written: “ He delivered me to the evil one, he threw me amongst evildoers.” Rebbi Ismael stated: Job was one of Pharao’s servants, a great one in his government’. That is what is written: “ One who feared the word of the Eternal etc.”, and it is written about him, “ a man, artless and straight, fearing God and fleeing from evil”. Rebbi Yose bar Jehudah says, he was in the days when the Judges judged; that is what is written: “Behold, you all did see, why do you turn all into vapor.” You saw what my generation did, that they collect tithes on the threshing floors; “you loved whore’s wages on all grain threshing floors.” Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: He was in the days of the queen of Seba, as it is said: “Seba attacked and took them.” Rebbi Nathan said, he was in the days of the Chaldeans, as it is said: “The Chaldeans attacked from three sides.” Rebbi Joshua ben Qorḥa said, he was in the days of Asuerus, as it is said: “One shall look for beautiful virgins for the king.” And it is written, “no women were found like Job’s daughters.” Rebbi Joshua ben Levi said, he was of the returnees of the diaspora. Rebbi Joḥanan said, He was of the returnees from the diaspora and was a Jew. Therefore Rebbi Joḥanan learned from him the rules of mourning. “Job got up and tore his coat”; Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan: From here [one learns] that a mourner has to tear [his garment] while standing. Rebbi Ḥiyya stated: In My world I had one just Gentile, I gave him his reward and removed him from My world. Rebbi Simeon ben Laqish said, Job did not exist and will never live. The opinion of Rebbi Simeon ben Laqish is inconsistent: There, Rebbi Simeon ben Laqish said in the name of Bar Qappara: He was in the days of our father Abraham, but here he says so? But he did exist but his suffering did not. Then why is it written about him? To tell you that if it had come upon him, he would have withstood it.
HALAKHAH: “Rebbi Joshua said, who would remove the dust from your eyes, Rabban Joḥanan ben Zakkai,” etc. When was Job? Rebbi Simeon ben Laqish in the name of Bar Qappara: He was in the days of our father Abraham; that is what is written: “ A man was in the land of Oz, his name was Job.” And it is written, “ Oz his firstborn.” Rebbi Abba said, in the days of our father Jacob and Dinah was his wife; that is what is written: “ You speak like one of the impious ones”, and it is written: “ For an impiety he did in Israel.” Rebbi Levi said, he was in the days of the tribes; that is what is written: “ What Sages would tell, they did not conceal from their fathers.” Rebbi Yose ben Ḥalaphta said, he was born when they descended into Egypt and he died when they left. A parable of a shepherd when a wolf came and attacked his flock. What did he do? He put up a ram against him. That is what is written: “ He delivered me to the evil one, he threw me amongst evildoers.” Rebbi Ismael stated: Job was one of Pharao’s servants, a great one in his government’. That is what is written: “ One who feared the word of the Eternal etc.”, and it is written about him, “ a man, artless and straight, fearing God and fleeing from evil”. Rebbi Yose bar Jehudah says, he was in the days when the Judges judged; that is what is written: “Behold, you all did see, why do you turn all into vapor.” You saw what my generation did, that they collect tithes on the threshing floors; “you loved whore’s wages on all grain threshing floors.” Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: He was in the days of the queen of Seba, as it is said: “Seba attacked and took them.” Rebbi Nathan said, he was in the days of the Chaldeans, as it is said: “The Chaldeans attacked from three sides.” Rebbi Joshua ben Qorḥa said, he was in the days of Asuerus, as it is said: “One shall look for beautiful virgins for the king.” And it is written, “no women were found like Job’s daughters.” Rebbi Joshua ben Levi said, he was of the returnees of the diaspora. Rebbi Joḥanan said, He was of the returnees from the diaspora and was a Jew. Therefore Rebbi Joḥanan learned from him the rules of mourning. “Job got up and tore his coat”; Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan: From here [one learns] that a mourner has to tear [his garment] while standing. Rebbi Ḥiyya stated: In My world I had one just Gentile, I gave him his reward and removed him from My world. Rebbi Simeon ben Laqish said, Job did not exist and will never live. The opinion of Rebbi Simeon ben Laqish is inconsistent: There, Rebbi Simeon ben Laqish said in the name of Bar Qappara: He was in the days of our father Abraham, but here he says so? But he did exist but his suffering did not. Then why is it written about him? To tell you that if it had come upon him, he would have withstood it.
HALAKHAH: “Rebbi Joshua said, who would remove the dust from your eyes, Rabban Joḥanan ben Zakkai,” etc. When was Job? Rebbi Simeon ben Laqish in the name of Bar Qappara: He was in the days of our father Abraham; that is what is written: “ A man was in the land of Oz, his name was Job.” And it is written, “ Oz his firstborn.” Rebbi Abba said, in the days of our father Jacob and Dinah was his wife; that is what is written: “ You speak like one of the impious ones”, and it is written: “ For an impiety he did in Israel.” Rebbi Levi said, he was in the days of the tribes; that is what is written: “ What Sages would tell, they did not conceal from their fathers.” Rebbi Yose ben Ḥalaphta said, he was born when they descended into Egypt and he died when they left. A parable of a shepherd when a wolf came and attacked his flock. What did he do? He put up a ram against him. That is what is written: “ He delivered me to the evil one, he threw me amongst evildoers.” Rebbi Ismael stated: Job was one of Pharao’s servants, a great one in his government’. That is what is written: “ One who feared the word of the Eternal etc.”, and it is written about him, “ a man, artless and straight, fearing God and fleeing from evil”. Rebbi Yose bar Jehudah says, he was in the days when the Judges judged; that is what is written: “Behold, you all did see, why do you turn all into vapor.” You saw what my generation did, that they collect tithes on the threshing floors; “you loved whore’s wages on all grain threshing floors.” Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: He was in the days of the queen of Seba, as it is said: “Seba attacked and took them.” Rebbi Nathan said, he was in the days of the Chaldeans, as it is said: “The Chaldeans attacked from three sides.” Rebbi Joshua ben Qorḥa said, he was in the days of Asuerus, as it is said: “One shall look for beautiful virgins for the king.” And it is written, “no women were found like Job’s daughters.” Rebbi Joshua ben Levi said, he was of the returnees of the diaspora. Rebbi Joḥanan said, He was of the returnees from the diaspora and was a Jew. Therefore Rebbi Joḥanan learned from him the rules of mourning. “Job got up and tore his coat”; Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan: From here [one learns] that a mourner has to tear [his garment] while standing. Rebbi Ḥiyya stated: In My world I had one just Gentile, I gave him his reward and removed him from My world. Rebbi Simeon ben Laqish said, Job did not exist and will never live. The opinion of Rebbi Simeon ben Laqish is inconsistent: There, Rebbi Simeon ben Laqish said in the name of Bar Qappara: He was in the days of our father Abraham, but here he says so? But he did exist but his suffering did not. Then why is it written about him? To tell you that if it had come upon him, he would have withstood it.
Rebbi Abun bar Ḥiyya asked: If her mother-in-law said “I saw her when she became impure”, [you say that she did not drink. If then somebody else came and said, “I saw her when she became impure”], about what does he testify? If to make her drink, it was clear beforehand that she does not drink. He would come only to deny her ketubah to her, but one cannot make a person lose money on the testimony of one witness! Rebbi Yose asked: If he heard from a bird flying by: “I saw her when she became impure”, you say that she did not drink. If then somebody came and said, “I saw her when she became impure”, about what does he testify? If to make her drink, it was clear beforehand that she does not drink. He would come only to deny her ketubah to her, but one cannot make a person lose money on the testimony of one witness!
HALAKHAH: “There would now be an argument de minore ad majus for the first testimony,” etc. Gidul bar Miniamin in the name of Rav: Anywhere they accepted the testimony of a woman parallel to that of a man, a man can contradict a woman and a woman can contradict a man. Then one should state: “A witness says that she became impure, and a woman says that she did not become impure; a woman said that she became impure and a witness said that she did not become impure.” In the House of Rebbi they stated it this way. It was stated in the name of Rebbi Neḥemiah: One follows the majority of the testimonies. How is that? Two women against one woman they considered as if there were two witnesses against one witness. What you say refers to a woman and women. But if there were a hundred women against one [male] witness, they are like one witness.
Rav Ada bar Aḥawah said, a single witness is believed to declare her impure, but a single witness is not believed to make her lose her ketubah. Rav Ḥisda said, why did they say that a single witness is believed to declare her impure? Because the thing has feet to stand on.
Simeon bar Abba in the name of Rabbi Joḥanan: Here, she did not drink but in the case of breaking the calf’s neck they did break it. Rav said, she did drink. The Mishnah disagrees with Rav: “If one [witness] says, she became impure, but two [witnesses] say, she did not become impure, she would drink.” That implies that if one witness was against another single witness, she would not drink. He explains it for those whose testimony is invalid. But if for those whose testimony is invalid, does not the end say: “If two [witnesses] say, she became impure, but one witness says, she did not become impure, she would not drink.” That implies that if one witness was against another single witness, she would drink. How could Rav say, she would drink? Rebbi Joḥanan said, she would not drink. A Mishnah disagrees with Rebbi Joḥanan. “If two [witnesses] say, she became impure, but one witness says, she did not become impure, she would not drink.” That implies that if one witness was against another single witness, she would drink. He explains it for those whose testimony is invalid. But if for those whose testimony is invalid, does not the first statement say: “If one [witness] says, she became impure, but two [witnesses] say, she did not become impure, she would drink.” That implies that if one witness was against another single witness, she would drink. How could Rebbi Joḥanan say, she would not drink? They said in the name of Rebbi Samuel, the Mishnah talks about those whose testimony is invalid. They said in the name of Rebbi Samuel: The Mishnah speaks about another rendez-vous. Rebbi Ze‘ira asked before Rebbi Mana: What does it mean, “the Mishnah speaks about another rendez-vous”? He said to him, so says Rebbi Joḥanan in the name of Rebbi Yannai: This entire chapter [deals with the case that] he had declared his jealousy and she went to a secluded place. She went to a secluded place by the testimony of two [witnesses]. If one of them said, I saw her that she became impure while in the secluded place, there [is testimony] about the seclusion and about impurity. After the time of seclusion, there [is testimony] about the seclusion but not about impurity. If there were three [witnesses]. One said, I saw her that she became impure while in the secluded place, there [is testimony] about the seclusion but not about impurity. If there were three [witnesses]. One said, I saw that she did not become impure while in the secluded place, how do you treat this? As a testimony which, if part of the testimony is thrown out, the entire testimony is thrown out, or does one accept the remainder of the testimony? They said in the name of Rebbi Abba Mari: Even he who says, if part of it is thrown out, all is thrown out, here one accepts the remainder of the testimony, since the matter has feet to stand on.
Rebbi Joḥanan in the name of Rebbi Eleazar ben Rebbi Simeon: We do not find that the Omnipresent talked to a woman, except only to Sarah. But is there not written: “To the woman He said: I shall increase,” etc.? Rebbi Jacob of Kefar Ḥanin said, through an interpreter. But is there not written: “The Eternal said to her, two peoples are in your womb”? Rebbi Abba bar Cahana said, the Word fell to her. Rebbi Biri said, how many weaver’s shuttles! The Holy One, praise to Him, desires to hear the talk of the just women: “He said no, but you laughed.”
“And the recitation of the Šema‘.” For it is written: “You shall talk about them.” Rebbi says, I say that the Šema‘ is recited only in the holy language. What is the reason? “The words shall be”. Rebbi Levi bar Ḥaita went to Caesarea. He heard their voices when they were reading the Šema‘ in Hellenistic manner. He wanted to hinder them, but Rebbi Yose heard of it and was offended. He said, do I say that someone who does not know to read Assyrian letters should not recite it at all? But he fulfills his duty in any language he knows. Rebbi Berekhiah objected: But there is the Esther scroll, where somebody who knows to read both Asssyrian script and Greek can fulfill his obligation only from Assyrian script. Rebbi Mana said: About the Esther scroll, somebody who knows to read both Asssyrian script and Greek can fulfill his obligation only from Assyrian script; Greek only, he fulfills his obligation in Greek; and so he can fulfill his obligation in any language he understands.
Rebbi Samuel bar Naḥman in the name of Rebbi Joḥanan: The Syriac language should not be unimportant in your eyes, for it is mentioned in the Torah, the Prophets, and the Hagiographs. In the Torah, it is written: “Laban called it the heap of testimony”. In Prophets, it is written: “So you shall say to them.” In Hagiographs, it is written: “The Chaldeans spoke to the king in Aramaic.” Rebbi Jonathan from Bet Gubrin said, four languages are good for use: The foreign language for song, Latin for war, Syriac for elegies, Hebrew for speech. Some people say, also Assyrian for writing. Assyrian has a script but no language, Hebrew has a language but no script. They chose for them Assyrian script and Hebrew language. Why is its name called אֲשׁוּרִי? Because one is made happy in writing it. Rebbi Levi said, because they brought it with them from Assyria.
Rebbi Aḥa in the name of Rebbi Tanḥum ben Rebbi Ḥiyya. If somebody studied and taught, kept and did, and it was in his power to strengthen, but he did not strengthen, that one is in the set of the cursed. Rebbi Jeremiah in the name of Rebbi Ḥiyya bar Abba: If somebody did not study, did not teach, did not keep and did not do, and it was not in his hand to strengthen but he did strengthen, that one is in the set of the blessed. And Rebbi Ḥana, Rebbi Jeremiah, said in the name of Rebbi Ḥiyya bar Abba: In the future [world], the Holy One, praise to Him, will make shadow of those who perform commandments in the shadow of those who study Torah. What is the reason? “For in the shadow of Torah, in the shadow of money”. And it is said, “it is a tree of life for those who support it.”
Rebbi Aḥa in the name of Rebbi Tanḥum ben Rebbi Ḥiyya. If somebody studied and taught, kept and did, and it was in his power to strengthen, but he did not strengthen, that one is in the set of the cursed. Rebbi Jeremiah in the name of Rebbi Ḥiyya bar Abba: If somebody did not study, did not teach, did not keep and did not do, and it was not in his hand to strengthen but he did strengthen, that one is in the set of the blessed. And Rebbi Ḥana, Rebbi Jeremiah, said in the name of Rebbi Ḥiyya bar Abba: In the future [world], the Holy One, praise to Him, will make shadow of those who perform commandments in the shadow of those who study Torah. What is the reason? “For in the shadow of Torah, in the shadow of money”. And it is said, “it is a tree of life for those who support it.”
Why does the verse say: “and the half of it”? This teaches that a minority was on Mount Gerizim and a majority on Mount Ebal. Why? Because the tribe of Levi was not completely there. For if the tribe of Levi had been completely there, they would have been equal. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: If the tribe of Levi had been completely there, they would not have been equal. Why? Since already 24’000 had fallen at Shiṭṭim from the tribe of Simeon. Rebbi Yose ben Rebbi Abun said, if the tribe of Levi had been completely there, they would have been equal. Why? Because from the tribes of Reuben and Gad only 40’000 front line troops came there.
Cahana said, just as they divide here, so they divide at the beginning of the second book of the Pentateuch. Some Tannaïm state: Just as they divide here, so they divide in the standards. The sons of Leah on one side, the sons of Rachel one on one side, the other one on the other side, and the sons of the handmaidens in the middle. Rebbi Mattania said, the reason of this Tanna is: “Hear me, Jacob my servant, Israel my roofed in.” Just as on the roof the thick part of one [beam] is next to the slim part of the other [beam]. Some Tannaïm state: Just as they are split here, so they are split on the stones of the ephod. “In their fulnesses”, that there should be 25 on one side and 25 on the other side. But they are only 49! Rebbi Joḥanan said, “Benjamin” of “and their births” is plene. Rebbi Judah bar Zabida said, Jehoseph is plene, “He put it up as a testimony in Jehoseph.” But they are only 23 on one side and 27 on the other! Rebbi Joḥanan said, Benjamin was split, Ben on one side, Jamin on the other side. Rebbi Zabida said, this is fine. Does it say “their six names”? No, but, “of their names”, not their entire names! The first were written on the right hand side of the High Priest, to the left of the viewer. The last were written on the left hand side of the High Priest, to the right of the viewer. The first ones were not written in order, for Jehudah is king. The last ones were written in order.
HALAKHAH: It was stated: It was written on the stones of the dwelling place, the words of Rebbi Jehudah; Rebbi Yose says, it was written on the stones of the altar. He who says, it was written on the stones of the dwelling place, every day the peoples of the world were sending their stenographers and they carried away the Torah which had been written in seventy languages. He who says, it was written on the stones of the altar, were they not only for a short time and then were hidden? That was another wonder, that the Holy One, praise to Him, gave insight to every people and they carried away the Torah which had been written in seventy languages. For him who says, it was written on the stones of the dwelling place, it is understandable that “you shall whitewash them with lime.” But he who says, it was written on the stones of the altar, how does he uphold “ “you shall whitewash them with lime”? Between the stones. Rebbi Samuel bar Naḥmani in the name of Rebbi Jonathan: “The peoples will be lime incinerators”, from the lime they took their death sentence. Rebbi Abba bar Cahana in the name of Rebbi Joḥanan: “But the Gentiles will be totally destroyed,” from Ḥoreb they took their death sentence.
HALAKHAH: It was stated: It was written on the stones of the dwelling place, the words of Rebbi Jehudah; Rebbi Yose says, it was written on the stones of the altar. He who says, it was written on the stones of the dwelling place, every day the peoples of the world were sending their stenographers and they carried away the Torah which had been written in seventy languages. He who says, it was written on the stones of the altar, were they not only for a short time and then were hidden? That was another wonder, that the Holy One, praise to Him, gave insight to every people and they carried away the Torah which had been written in seventy languages. For him who says, it was written on the stones of the dwelling place, it is understandable that “you shall whitewash them with lime.” But he who says, it was written on the stones of the altar, how does he uphold “ “you shall whitewash them with lime”? Between the stones. Rebbi Samuel bar Naḥmani in the name of Rebbi Jonathan: “The peoples will be lime incinerators”, from the lime they took their death sentence. Rebbi Abba bar Cahana in the name of Rebbi Joḥanan: “But the Gentiles will be totally destroyed,” from Ḥoreb they took their death sentence.
It was stated: Rebbi Jehudah bar Ilai says: Abba Ḥalaphta, Rebbi Eleazar ben Mattia, and Ḥanina bar Ḥakhinai stood on those stones and estimated that each one on them was a load of 40 seah. From here you can estimate how big was the bunch of grapes. It is written: “Each one should lift a stone on his shoulder.” One cannot compare one who lifts from the ground to his shoulder to one who lifts first from the ground to his knee and then from his knee to his shoulder. One cannot compare one who lifts first from the ground to his knee and then from his knee to his shoulder to one onto whom others hang [the load]. One cannot compare one onto whom others hang [the load] to [a load] carried by two. It is written: “One man per tribe.” In the opinion of Rebbi Aqiba who says these are expressions of additions, there were 24, sixteen for the grape bunch and eight for figs, pomegranates, and their belongings. In the opinion of Rebbi Simeon, who says there are double expressions, there were twelve, eight for the grape bunch and four for figs, pomegranates, and their belongings. In the opinion of Rebbi Ismael a beam; in the opinion of Rebbi Aqiba a beam and beams of beams.
It was stated: Rebbi Jehudah bar Ilai says: Abba Ḥalaphta, Rebbi Eleazar ben Mattia, and Ḥanina bar Ḥakhinai stood on those stones and estimated that each one on them was a load of 40 seah. From here you can estimate how big was the bunch of grapes. It is written: “Each one should lift a stone on his shoulder.” One cannot compare one who lifts from the ground to his shoulder to one who lifts first from the ground to his knee and then from his knee to his shoulder. One cannot compare one who lifts first from the ground to his knee and then from his knee to his shoulder to one onto whom others hang [the load]. One cannot compare one onto whom others hang [the load] to [a load] carried by two. It is written: “One man per tribe.” In the opinion of Rebbi Aqiba who says these are expressions of additions, there were 24, sixteen for the grape bunch and eight for figs, pomegranates, and their belongings. In the opinion of Rebbi Simeon, who says there are double expressions, there were twelve, eight for the grape bunch and four for figs, pomegranates, and their belongings. In the opinion of Rebbi Ismael a beam; in the opinion of Rebbi Aqiba a beam and beams of beams.
Rebbi Simeon ben Laqish said, in the Jordan they accepted the secret matters. Joshua told them, if you do not accept the secret matters, the waters will come and sweep you away. Rebbi Simon bar Zabida said, that is correct. You should know that this is so, for Akhan sinned and the majority of the Synhedrion fell at Ai. Rebbi Levi said, at Jabneh the rope was untied; there came a disembodied voice and said: You have nothing to do with secret matters.
There, we have stated: “One winds in Prophets but one does not wind in the Pentateuch.” One winds in one prophet, but not from one prophet to another, but among prophets of the Twelve it is permitted. But one does not wind in the Pentateuch; Rebbi Jeremiah in the name of Rebbi Simeon ben Laqish: Because one does not wind the Torah in public. Rebbi Yose asked, think of it, if it was a small portion? But that Israel should hear it in its order. But did we not state: “He reads ‘after the death’ and ‘but on the tenth’ ”? It is different here, because that is the order of the day. Know that it is so since Rebbi Simeon ben Laqish said, one does not recite by heart, and here he recites by heart. Rebbi Yose commanded Bar Ulla, the organizer of the congregation of Babylonians: When the Torah has been brought back, wind it behind the curtain. If there are two, return one and bring the other.
HALAKHAH: Did not Rebbi Ḥiyya state: Nobody could sit in the Temple courtyard except for kings of the Davidic dynasty, and Rebbi Immi said in the name of Rebbi Simeon ben Laqish, even the kings of the Davidic dynasty could not sit in the Temple courtyard! Explain it, that he was leaning on the wall in a kind of sitting. But is it not written: “King David came and sat before the Eternal”? Rebbi Ayvo bar Naggari said, he concentrated on his prayer. There, we have stated: The first group left and sat on the Temple Mount, the second in the Ḥel, and the third at its place! Rebbi Naḥman in the name of Rebbi Mana: Did we state that the third sat at its place? It stood at its place!
HALAKHAH: “The priest anointed for war,” etc. Why the priest anointed for war? Because it is written “he shall speak”? But about the reading of the Šema‘ it is written: “You shall speak about them,” and it may be recited in any language. But because it is written there “saying”. But for the declaration of tithes it is written “saying” and it may be recited in any language! Rebbi Ḥaggai said, it says here “to come close” and it says there, “the Levitic Cohanim shall come close;” since “coming close” there implies [recitation in] the holy language, so also “coming close” here implies [recitation in] the holy language. That follows Rebbi Aqiba who says, these are expressions of additions. Following Rebbi Ismael who says, these are double expressions? Rebbi Ḥiyya bar Abba said, it says here “to come close” and it says there, “Moses shall come close to the mist”, since “coming close” there implies [recitation in] the holy language, so also “coming close” here implies [recitation in] the holy language.
Would it not be reasonable that “the commanders should take charge at the head of the people” and then “the Cohen shall come close”? He who directs them should inform them! The text is not in the correct order. At the border, you say that the policeman hears from the Cohen the text and communicates it to the people in any language. But at the battle order (they provide water and food and repair the roads). Rebbi Ḥaggai asked, since at the border the policeman hears from the Cohen the text and communicates it to the people in any language, should it not be the same with the battle order? Rebbi Ḥiyya bar Ada objected, is it reasonable that “when the policemen finished talking to the people,” after that “the Cohen shall come close and speak to the people”? He said to him, since you say, the text is not in the correct order, you cannot infer anything.
HALAKHAH: “As it was said further,” etc. Rebbi Joḥanan said, anybody who is not in the position of those [men] who had the power to object, should not object. Rebbi Aḥa in the name of Rebbi Jonathan: Just as it is a commandment to speak on things that will be done, so it is a commandment not to talk about things that would not be done. Rebbi Eleazar said, just as it is forbidden to declare the impure pure, so it is forbidden to declare the pure impure. Rebbi Abba bar Jacob in the name of Rebbi Joḥanan: If a practical case comes before you and you do not know whether to burn or to suspend, always prefer burning to suspension since nothing is more beloved in the Torah than burned oxen and burned rams, and they are burned. Rebbi Yose asked: Does one infer something which is not commanded from something which is commanded?
HALAKHAH: “Your heart should not soften,” etc. It is written: “From the radiation that surrounds Him, His clouds,” against their cavalry squads, “passed,” against their cohorts. “Hailstorm,” against their missile throwers. “And embers,” against their throwing machines. “Of fire,” against their naphta. “He thundered from Heaven,” against their torches. “The Most High made His voice heard,” against the sound of their horns. “He sent His arrows,” against their arrows. “And dispersed them,”, this teaches that they were dispersing them. Rebbi Abba bar Cahana said, this teaches that they were in rectangular formations, that the arrows dispersed them but the lightnings were bringing them together. “Lightnings,” against their swords. “And confused them,” He confused them, made them disoriented, and felled their standard. Rebbi said, the expression “and confounded them” means only pestilence, as it is written: “He will confuse them in a great confusion until He destroyed them.”
The preparation of the anointing oil. “Take for yourself select spices: Flowing myrrh 500, etc., and casia 500 in Temple sheqel, altogether 1500 parts. “And olive oil one hin,” that is twelve log, in which the roots were cooked, the words of Rebbi Meïr. Rebbi Jehudah says, they cooked in water, then poured the oil on them, and when it had absorbed the fragrance one removed it, just as the perfumers do. That is what is written: “Make it into holy anointing oil.” “That will be for Me for your generations.” It was stated, Rebbi Jehudah bar Ilaï says: The anointing oil made by Moses in the desert was from the start to the end a work of wonders, since there were only twelve log to start with, as it was said, “and olive oil one hin”. It would not have been enough to rub the wooden planks with it; so much more since the fire swallows, wood absorbs, and the kettle absorbs! From it the Tabernacles and all its vessels were anointed, the table and its vessels, the candelabra and all its vessels. From it Aaron and his sons were anointed all of the seven days of induction, from it all high priests and kings were anointed. A king who is first needs anointing, a king who is a king’s son does not need anointing, for it is said: “Do anoint him, for this one is it,” this one needs anointing but his son does not need anointing. But a High Priest who is the son of a High Priest needs anointing, even for ten generations. Nevertheless, it is all there for the future, as it was said, “a holy anointing oil will this be for Me, for all your generations.”
One anoints kings only at a spring, as it was said: “Let Solomon, my son, ride on my mule and take him down to the Giḥon; there Ṣadoq the priest and Nathan the prophet shall anoint him, etc.” One anoints kings only because of disputes. Why was Solomon anointed? Because of the dispute of Adoniahu; Joash because of Athaliah, Jehu because of Joram. Is it not written: “Do anoint him, for this one is it,” this one needs anointing, but the kings of Israel do not need anointing! But Joaḥaz because of his brother Joakim who was two years his elder. But did not Josiahu hide it? That means, they anointed with balsamum. One anoints kings only from a horn. Saul and Jehu were anointed from a can because their kingdom was temporary; David and Solomon were anointed from a horn because their kingdom was permanent. One does not anoint priests as kings. Rebbi Yudan Antordiyya said, because of “the scepter shall not be removed from Jehudah”. Rebbi Ḥiyya bar Ada said, because “he shall have many days of his kingdom, he and his sons in the midst of Israel.” What is written after that? “The levitic Cohanim should not.”
Rebbi Jehudah bar Pazi in the name of Rebbi Ze‘ira: “A slain one”, not one in convulsions; “a slain one”, not one in death-throes. If one saw him in convulsions and after some time he came back and did not find him, I say that a miracle occurred and he survived. If one saw him in death-throes here and then found him at another place, one measures from the place where he was found. “Which the Eternal, your God, is giving to you,” this excludes places outside the Land. “To inherit it,” this excludes Jerusalem which belongs to all tribes, and following Rebbi Ismael. For Rebbi Ismael said, any “comings” which were said in the Torah mean after fourteen years, seven during which they conquered and seven during which they distributed. Rebbi Phineas ben Rebbi Abun said, we may say that all these fourteen years they were not breaking the neck, for it is written “if there be found,” not in a time when they are frequent. And all these fourteen years they were frequent.
From where about marks? Rebbi Berekhiah, Rebbi Jacob the son of the daughter of Jacob, in the name of Rebbi Onias from Hauran. Rebbi Yose said it in the name of Rebbi Jacob bar Aḥa in the name of Rebbi Onias from Hauran. Rebbi Ḥizqiah, Rebbi Uziel the son of Rebbi Onias from Hauran in the name of Rebbi Onias from Hauran (Lev. 13:45): “impure, impure, he shall call out;” the impurity itself has to call out and say to you: go away! Rebbi Hila in the name of Rebbi Samuel bar Naḥman (Ez. 39:15): “The emissaries shall crisscross the land; if one sees a bone”, from here that one makes markers for bones. A human, from here that one makes markers for spine and skull. He builds, from here that one makes markers on fixed stones. If you say on loose stones, it would move and make other places impure. Near it, on a place of purity. A marker, from here the marks.
From where about marks? Rebbi Berekhiah, Rebbi Jacob the son of the daughter of Jacob, in the name of Rebbi Onias from Hauran. Rebbi Yose said it in the name of Rebbi Jacob bar Aḥa in the name of Rebbi Onias from Hauran. Rebbi Ḥizqiah, Rebbi Uziel the son of Rebbi Onias from Hauran in the name of Rebbi Onias from Hauran (Lev. 13:45): “impure, impure, he shall call out;” the impurity itself has to call out and say to you: go away! Rebbi Hila in the name of Rebbi Samuel bar Naḥman (Ez. 39:15): “The emissaries shall crisscross the land; if one sees a bone”, from here that one makes markers for bones. A human, from here that one makes markers for spine and skull. He builds, from here that one makes markers on fixed stones. If you say on loose stones, it would move and make other places impure. Near it, on a place of purity. A marker, from here the marks.
It was stated: One does not mark flesh, for perhaps it will decompose. Rebbi Justus bar Shunem asked before Rebbi Mana: Will that not cause pure foods to be retroactively made impure? He said to him, it is better that these should become unusable for a limited time than that [the earth] become unusable forever.
HALAKHAH: “From where did they measure? Rebbi Eliezer says, from his navel”, from the place the child is formed. “Rebbi Aqiba says, from his nose,” from the place from which one is identified. This follows what Rav Jehudah said in the name of Rav: “The recognition of their faces testified about them,” that is the nose. Rebbi Ḥiyya bar Abba said, if somebody does not want to be recognized, he should put a patch on his nostrils, then he will not be recognized. As in the following: In the times of king Ursicinus, some people from Sepphoris were under arrest warrants. They put patches on their nostrils and were not recognized. Finally they were denunciated and all were caught because of lies.
HALAKHAH: Rebbi Eleazar said, they disagree about burial. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: When do they disagree? If the head was higher but the body lower. But if the head was lower and the body higher everybody agrees that one brings the head to the body. If there was an incline on both sides, do I say that the head fell to one side and the body to the other or does this head have no body and that body no head? If it was level, any distance it is usual to chop it off is one body; otherwise, the head has no body and the body no head.
Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: “One which never had been used for work,” a general statement, “which never had drawn under a yoke,” a detailed statement. If a general statement is followed by a detail, the general does not contain more than the detail. He said to him, if it were written “which never had worked, which never had drawn,” you would be justified; but it is written “one which never had been used for work.” This does not describe general and detail, but the additional reference to “yoke” for an equal cut. Since relative to “yoke” said for the calf He treated all work as a yoke, so for the “yoke” said for the cow we have to treat all work as a yoke. Since relative to “yoke” said for the calf work disables whether intentional or unintentional, so for the “yoke” said for the cow work disables whether intentional or unintentional. Since relative to “yoke” said for the cow, the yoke disables, also for the “yoke” said for the calf the yoke disables. Then since for the “yoke” said for the cow blemishes disable, so also for the “yoke” said for the calf blemishes disable? The verse says, “where this one has no blemish.” Blemishes disable the cow, blemishes do not disable the calf. Then it also says “one which never had been used for work,” for this one work disables, does for the cow work not disable? Can you say there, “where this one has no blemish,” this one is disabled by blemishes, sacrifices are not disabled by blemishes?
Rebbi Yannai said, the words of Rebbi Meïr: Even if one broke its neck he is guilty. Rebbi Jacob bar Aḥa, Rebbi Immi, in the name of Rebbi Simeon ben Laqish: The words of Rebbi Meïr: Even if one broke its neck he is guilty. The words of Rebbi Simeon: Even if he cut its throat, he is not punishable. Rebbi Yannai said, I heard about a boundary, from when it is forbidden: “They shall bring it down,” from the time of bringing down. Rebbi Ila said, to free it from “it and its young” following Rebbi Simeon.
Rebbi Samuel bar Rav Isaac said, it is holy while still alive. The Mishnah said so: “it should leave and graze in the flock.” What shall it leave? It shall leave its holiness.
HALAKHAH: Gidul bar Benjamin in the name of Rav: Anywhere they accepted the testimony of a woman parallel to that of a man, a man can contradict a woman and a woman can contradict a man. One should state: “A witness says that he saw the murderer, and a woman says that she did not see; a woman said that he saw and a witness said that he did not see,” as it was stated in the name of Rebbi Neḥemiah: One follows the majority of the testimonies. How is that? Two women against one woman they considered as if there were two witnesses against one witness. What you say refers to a woman and women. But if there were a hundred women against one [male] witness, they are like one witness.
The word of Rebbi Joshua ben Levi implies some are censure and some praise. Since Rebbi Yose said in the name of Rebbi Tanḥum bar Ḥiyya, Rebbi Ḥizqiah, Rebbi Eleazar ben Rebbi Yose, Rebbi Tanḥum, Rebbi Ḥiyya in the name of Rebbi Joshua ben Levi, originally tithe was split into three parts. One third to his acquaintances among Cohanim and Levites, one third to the public treasury, one third to the poor and the fellows in Jerusalem. Rebbi Yose ben Rebbi Abun said, a person who went to court in Jerusalem, up to three letters he paid for himself, from there on from the public treasury. When Eleazar ben Paḥora and Judah ben Pakora came, they took it by force and it would have been in his hand to stop this but he did not but disestablished the declaration of tithes, and this is for censure. But the arousers for praise and the hitters for praise.
HALAKHAH: Abba bar Rav Jeremiah said: “The Elders are no longer at the gate” etc.
HALAKHAH: “After the earlier prophets died, Urim and Tummim stopped.” Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: These are Samuel and David. Rebbi Abba bar Cahana in the name of Rav: These are Gad and Nathan. Rebbi Jeremiah, Rebbi Samuel bar Isaac in the name of Rav: These are Jeremiah and Barukh. The word of Rebbi Joshua ben Levi implies that these are Jeremiah and Barukh. For Rebbi Joshua ben Levi said, “it was when he asked God in the days of Zacariah who understood God’s visions.”
HALAKHAH: “After the earlier prophets died, Urim and Tummim stopped.” Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: These are Samuel and David. Rebbi Abba bar Cahana in the name of Rav: These are Gad and Nathan. Rebbi Jeremiah, Rebbi Samuel bar Isaac in the name of Rav: These are Jeremiah and Barukh. The word of Rebbi Joshua ben Levi implies that these are Jeremiah and Barukh. For Rebbi Joshua ben Levi said, “it was when he asked God in the days of Zacariah who understood God’s visions.”
HALAKHAH: “After the earlier prophets died, Urim and Tummim stopped.” Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: These are Samuel and David. Rebbi Abba bar Cahana in the name of Rav: These are Gad and Nathan. Rebbi Jeremiah, Rebbi Samuel bar Isaac in the name of Rav: These are Jeremiah and Barukh. The word of Rebbi Joshua ben Levi implies that these are Jeremiah and Barukh. For Rebbi Joshua ben Levi said, “it was when he asked God in the days of Zacariah who understood God’s visions.”
“And flowing bee’s honey”. Rebbi Eleazar said, honey that comes with floaters. Rebbi Yose ben Rebbi Ḥanina said, farina which floats on the sieve kneaded with honey and butter. Rebbi Joḥanan said, the second quality fruit we ate in our youth tasted better that the peaches we ate in our old age, because during his lifetime the world changed. Rebbi Ḥiyya bar Abba said, one seah of Arbel grain did yield one seah of fine flour, one seah of white flour, one seah of dark flour, one seah of bran, one seah of coarse bran. But today, we do not even get one for one.
HALAKHAH: “Our head’s crown fell”; these are the grooms’ crowns, that is gilded woolen strips. Rebbi Abba in the name of Rav: Of salt and sulfur. Rav Jeremiah in the name of Rav: Of salt and olives. Rav Naḥman bar Jacob said, even of willows. Rav Jeremiah of Šibšeb wore a crown of olive branches. Samuel heard this and said, it would have been better for him it he had been beheaded but not done this thing. That happened to him, as “an error coming from before the ruler.”
They asked Rebbi Joshua: May a person teach Greek to his son? He said to them, he may teach him at an hour that is neither day nor night as it is written (Jos. 1:8): “You shall meditate about it day and night.” If it is so, a man would be forbidden to teach a profession to his son since it is written: “You shall meditate about it day and night.” But Rebbi Ismael stated (Deut. 30:19): “Choose life!” That refers to a profession. Rebbi Abba, son of Rebbi Ḥiyya bar Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Because of informants. Rebbi Abbahu in the name of Rebbi Joḥanan: A person may teach Greek to his daughter since it is an ornament for her. Simeon bar Abba heard that and said: Because he wants to teach his daughters, he attaches it to Rebbi Joḥanan. It should come over me that I never heard it from Rebbi Joḥanan.
They asked Rebbi Joshua: May a person teach Greek to his son? He said to them, he may teach him at an hour that is neither day nor night as it is written (Jos. 1:8): “You shall meditate about it day and night.” If it is so, a man would be forbidden to teach a profession to his son since it is written: “You shall meditate about it day and night.” But Rebbi Ismael stated (Deut. 30:19): “Choose life!” That refers to a profession. Rebbi Abba, son of Rebbi Ḥiyya bar Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Because of informants. Rebbi Abbahu in the name of Rebbi Joḥanan: A person may teach Greek to his daughter since it is an ornament for her. Simeon bar Abba heard that and said: Because he wants to teach his daughters, he attaches it to Rebbi Joḥanan. It should come over me that I never heard it from Rebbi Joḥanan.
Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: When Rabban Joḥanan ben Zakkai died, he commanded and said, clear the courtyard because of the impurity and prepare a chair for Hezekiah, the king of Judah. When his student Rebbi Eliezer died, he commanded and said, clear the courtyard because of the impurity and prepare a chair for Rabban Joḥanan ben Zakkai. But some say, what his teacher saw, he saw. They proposed marriage into the family of the Patriarch to one of the family Pazi, but he did not accept and said that they should not be ashamed. When he was dying, he commanded and said, clear the courtyard because of the impurity and prepare a chair for Josaphat, the king of Judah. They said, the one who ran after honor should come for him who fled before honor.
Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: It happened that Elders came together in the upper floor of the house Gadia in Jericho, when a disembodied voice came and said to them: There are among you two who would be worthy that the Holy Spirit should rest on them, and one of them is Hillel the Elder. They all looked at Samuel Minor. Again it happened that Elders came together in a second floor at Jabne, when a disembodied voice came and said to them: There are among you two who would be worthy that the Holy Spirit should rest on them, and one of them is Samuel Minor. They all looked at Rebbi Eliezer ben Hyrkanos and were happy that their opinion coincided with that of the Omnipresent.
HALAKHAH: “A virgin is married on Wednesday,” etc. Bar Qappara said, because a blessing is written there. But a blessing in only written on the Fifth and the Sixth days! On the Fifth for birds and fish, on the Sixth for Adam and Eve. Rebbi Yose said, the reason of Bar Qappara is the Fourth, evening of the Fifth, and the Fifth, evening of the Sixth. Is there not a blessing written also on Sabbath? No blessing is written for creatures, only for the day.
HALAKHAH: “A virgin is married on Wednesday,” etc. Bar Qappara said, because a blessing is written there. But a blessing in only written on the Fifth and the Sixth days! On the Fifth for birds and fish, on the Sixth for Adam and Eve. Rebbi Yose said, the reason of Bar Qappara is the Fourth, evening of the Fifth, and the Fifth, evening of the Sixth. Is there not a blessing written also on Sabbath? No blessing is written for creatures, only for the day.
If he performed the preliminary marriage in the bridal chamber, these strictures do not apply. They said that Rebbi Mattaniah acted thus for his daughter. In the opinion of Rebbi Eleazar, could she be married any day at a place where courts are in session every day? And at a place where there are no courts (every day) could she never be married? One does not want to abolish the time of Wednesday. Why does one not want to abolish the time of Wednesday? Because he also accepts what Bar Qappara stated. Bar Qappara said, because a blessing is written there. Could she not be married on Sunday, that he might quickly go to court on Monday? Some want to say, not to abolish the time of Wednesday; some want to say, because of what Bar Qappara stated, for Bar Qappara said, because a blessing is written there.
If he performed the preliminary marriage in the bridal chamber, these strictures do not apply. They said that Rebbi Mattaniah acted thus for his daughter. In the opinion of Rebbi Eleazar, could she be married any day at a place where courts are in session every day? And at a place where there are no courts (every day) could she never be married? One does not want to abolish the time of Wednesday. Why does one not want to abolish the time of Wednesday? Because he also accepts what Bar Qappara stated. Bar Qappara said, because a blessing is written there. Could she not be married on Sunday, that he might quickly go to court on Monday? Some want to say, not to abolish the time of Wednesday; some want to say, because of what Bar Qappara stated, for Bar Qappara said, because a blessing is written there.
If he performed the preliminary marriage in the bridal chamber, these strictures do not apply. They said that Rebbi Mattaniah acted thus for his daughter. In the opinion of Rebbi Eleazar, could she be married any day at a place where courts are in session every day? And at a place where there are no courts (every day) could she never be married? One does not want to abolish the time of Wednesday. Why does one not want to abolish the time of Wednesday? Because he also accepts what Bar Qappara stated. Bar Qappara said, because a blessing is written there. Could she not be married on Sunday, that he might quickly go to court on Monday? Some want to say, not to abolish the time of Wednesday; some want to say, because of what Bar Qappara stated, for Bar Qappara said, because a blessing is written there.
If he performed the preliminary marriage in the bridal chamber, these strictures do not apply. They said that Rebbi Mattaniah acted thus for his daughter. In the opinion of Rebbi Eleazar, could she be married any day at a place where courts are in session every day? And at a place where there are no courts (every day) could she never be married? One does not want to abolish the time of Wednesday. Why does one not want to abolish the time of Wednesday? Because he also accepts what Bar Qappara stated. Bar Qappara said, because a blessing is written there. Could she not be married on Sunday, that he might quickly go to court on Monday? Some want to say, not to abolish the time of Wednesday; some want to say, because of what Bar Qappara stated, for Bar Qappara said, because a blessing is written there.
Rebbi Abba bar Cohen said before Rebbi Yose: Rebbi Aḥa in the name of Rebbi Jacob bar Idi: A man may not [preliminarily] marry on a Friday. That means, to make an engagement feast. This implies that the preliminary marriage itself is permitted. Samuel says, even on the Ninth of Ab a preliminary marriage is permitted, lest another forestall him. The argument of Samuel seems inverted. There, he says, “God puts singles in a house, etc.,” “To rise on scales; they all are of vapor!” And there, he says so? That means, that he should not forestall him in prayer. Even so, it would not be permanent.
Rebbi Abba bar Cohen said before Rebbi Yose: Rebbi Aḥa in the name of Rebbi Jacob bar Idi: A man may not [preliminarily] marry on a Friday. That means, to make an engagement feast. This implies that the preliminary marriage itself is permitted. Samuel says, even on the Ninth of Ab a preliminary marriage is permitted, lest another forestall him. The argument of Samuel seems inverted. There, he says, “God puts singles in a house, etc.,” “To rise on scales; they all are of vapor!” And there, he says so? That means, that he should not forestall him in prayer. Even so, it would not be permanent.
Moses instituted seven days of a marriage feast and seven days of mourning, but he instituted nothing for the widow. Even though you say that he instituted nothing for the widow, she needs a benediction. From Boaz, as it is written: “And (Boaz) took ten men of the city Elders and said, sit here, and they sat down.” Rebbi Alexander said, from here [one learns that] the lesser person is not permitted to sit down until the more important person tells him to sit down. Rebbi Phineas said, from here [one learns that] this family appoints Elders for their marriage feasts. Rebbi Eleazar ben Rebbi Yose said, from here [one learns that] the wedding blessing needs ten people [present]. Rebbi Jehudah bar Pazy said, not only a bachelor marrying a virgin, but also a widower marrying a widow, since Boaz was a widower and Ruth a widow, as it is written “The entire city was in an uproar because of them.” Is that possible that the entire town was in alarm because of the sorry state of Naomi? But Boaz’s wife had died that very day and when all the people went to the burial, Ruth and Naomi entered. It turned out that when one left, the other entered.
HALAKHAH: “The ketubah of a virgin is 200 and that of a widow one mina,” etc. Huna in the name of Samuel: In the Temple šeqel. Rebbi Abba bar Bina said, circulating coin. A Mishnah supports Rebbi Abba bar Bina: “The five tetradrachmas of the firstborn are in Tyrian coinage, the 30 of the slave, the 50 of the rapist and the seducer, the 100 of the slanderer, are all computed in Temple šeqels in Tyrian coinage.” A woman’s ketubah is not stated with them. Rebbi Abin said, did they not learn the ketubah of a woman from the rapist and the seducer? Since the rapist and the seducer are mentioned, it is as if women’s ketubah was stated with them.
HALAKHAH: “The ketubah of a virgin is 200 and that of a widow one mina,” etc. Huna in the name of Samuel: In the Temple šeqel. Rebbi Abba bar Bina said, circulating coin. A Mishnah supports Rebbi Abba bar Bina: “The five tetradrachmas of the firstborn are in Tyrian coinage, the 30 of the slave, the 50 of the rapist and the seducer, the 100 of the slanderer, are all computed in Temple šeqels in Tyrian coinage.” A woman’s ketubah is not stated with them. Rebbi Abin said, did they not learn the ketubah of a woman from the rapist and the seducer? Since the rapist and the seducer are mentioned, it is as if women’s ketubah was stated with them.
Rebbi Ḥiyya bar Ada said, even if “a woman’s ketubah” was stated with them, do not all these rabbis disagree? Rebbi Ḥananiah and Rebbi Jonathan both say, circulating coin. Rebbi Joshua ben Levi said, circulating coin. Rebbi Jacob bar Aḥa, Rebbi Immi, Rebbi Simeon ben Laqish in the name of Rebbi Jehudah Neśia: Current coin. Rebbi Joḥanan said, good Severan tetradrachmas, Jerusalem ones. These are saying so, those are saying otherwise! But he also changed his mind and thought like them. Are not always these saying so, those are saying otherwise? Here, even he changed his mind and thought like them.
Rebbi Ḥiyya bar Ada said, even if “a woman’s ketubah” was stated with them, do not all these rabbis disagree? Rebbi Ḥananiah and Rebbi Jonathan both say, circulating coin. Rebbi Joshua ben Levi said, circulating coin. Rebbi Jacob bar Aḥa, Rebbi Immi, Rebbi Simeon ben Laqish in the name of Rebbi Jehudah Neśia: Current coin. Rebbi Joḥanan said, good Severan tetradrachmas, Jerusalem ones. These are saying so, those are saying otherwise! But he also changed his mind and thought like them. Are not always these saying so, those are saying otherwise? Here, even he changed his mind and thought like them.
There came a case before Rebbi Ḥanina of a woman whose ketubah was less than 200 zuz, and he said, she should take what he had written for her. He said to Rebbi Mana, sit down and sign. He answered, follow your argument and sign yourself, did not Rebbi Ḥiyya say in the name of Samuel, by the Temple šeqel? Rebbi Eudaimon of Sepphoris in the name of Rebbi Ḥuna: Because of a renunciation. Now, should a woman whose ketubah was for less than 200 [zuz] not hide her ketubah in order to collect by the Temple šeqel? They said in the name of Rebbi Ḥuna, at a place where one does not write a ketubah. But at a place where one writes a ketubah, what she presents she collects. Rebbi Joḥanan said, it was stated thus: If a deaf-mute man married a hearing wife, she has no claim for support nor ketubah, but if she died, he inherits from her, for she wanted to connect him with her property, but he could not want to connect her with his property. If a hearing male married a deaf-mute woman, she has a claim to support and ketubah, but if she died, he does not inherit, for he wanted to connect her with his property, but she could not want to connect him with her property. But can a deaf-mute woman acquire and have ketubah? Rebbi Jeremiah in the name of Rebbi Eleazar, explain it that at the moment he married her, she was hearing. Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar, he married her when she was hearing but she turned deaf-mute. In any case, did he not marry her when she was hearing? Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar, explain it that she was deaf-mute and turned hearing; he married her when she was hearing and she turned deaf. That you should not say, because at the start she was deaf-mute she has [no] ketubah, therefore it is necessary to say that she (does not have) [has]. Rebbi Yose does not say so, but since if one has sexual relations with a deaf-mute, is he not liable for a fine? Only if there were no fine would there be no ketubah. Rebbi Yudan said, does that depend on a fine? Look, the adult woman collects no fine but her ketubah is 200, the virgin after marriage collects a fine but her ketubah is a mina!
There came a case before Rebbi Ḥanina of a woman whose ketubah was less than 200 zuz, and he said, she should take what he had written for her. He said to Rebbi Mana, sit down and sign. He answered, follow your argument and sign yourself, did not Rebbi Ḥiyya say in the name of Samuel, by the Temple šeqel? Rebbi Eudaimon of Sepphoris in the name of Rebbi Ḥuna: Because of a renunciation. Now, should a woman whose ketubah was for less than 200 [zuz] not hide her ketubah in order to collect by the Temple šeqel? They said in the name of Rebbi Ḥuna, at a place where one does not write a ketubah. But at a place where one writes a ketubah, what she presents she collects. Rebbi Joḥanan said, it was stated thus: If a deaf-mute man married a hearing wife, she has no claim for support nor ketubah, but if she died, he inherits from her, for she wanted to connect him with her property, but he could not want to connect her with his property. If a hearing male married a deaf-mute woman, she has a claim to support and ketubah, but if she died, he does not inherit, for he wanted to connect her with his property, but she could not want to connect him with her property. But can a deaf-mute woman acquire and have ketubah? Rebbi Jeremiah in the name of Rebbi Eleazar, explain it that at the moment he married her, she was hearing. Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar, he married her when she was hearing but she turned deaf-mute. In any case, did he not marry her when she was hearing? Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar, explain it that she was deaf-mute and turned hearing; he married her when she was hearing and she turned deaf. That you should not say, because at the start she was deaf-mute she has [no] ketubah, therefore it is necessary to say that she (does not have) [has]. Rebbi Yose does not say so, but since if one has sexual relations with a deaf-mute, is he not liable for a fine? Only if there were no fine would there be no ketubah. Rebbi Yudan said, does that depend on a fine? Look, the adult woman collects no fine but her ketubah is 200, the virgin after marriage collects a fine but her ketubah is a mina!
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.
It was stated: “And for a widow 200.” It was stated: “This order applies both to a widow of an Israel and a widow of a Cohen”. Rebbi Yose said, it is reasonable that the daughter of a Cohen should collect, for her tribe collects. The daughter of an Israel married to a Cohen should not collect; is it not sufficient that she rose to the priesthood that you say, she should collect? Rebbi Mana said, it is reasonable the other way. The daughter of an Israel married to a Cohen should collect for she rose to the priesthood; the daughter of a Cohen should not collect for she stepped down from the priesthood. Rebbi Yose bar Abun said, in both cases they demanded a fine so that everybody should cling to his tribe and family.
Rebbi Jacob bar Aḥa in the name of Rebbi Joshia: Practice follows Rabban Gamliel and Rebbi Eliezer since two form a majority against one. Rebbi Yose asked: If it is practice, why two? And if two, why practice? Would that mean if Rebbi Joḥanan would hold with Rebbi Joshua that practice would not follow Rabban Gamliel and Rebbi Eliezer but Rebbi Joshua? What about it? It is a testimony for which a woman in empowered. They wanted to say, when does Rebbi Joshua disagree with these rabbis? At a place where most are disabling, but at a place where most are qualified, even Rebbi Joshua will agree. There came Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, Rebbi Hila in the name of Rebbi Eleazar: There is disagreement even at a place where most are qualified. Does Rebbi Joshua think that immorality runs after the disabling? Rebbi Ze‘ira said, a baraita stated that even qualified people whore, as it was stated: Even the most pious man cannot be appointed guardian for illicit sex.
Rebbi Jacob bar Aḥa in the name of Rebbi Joshia: Practice follows Rabban Gamliel and Rebbi Eliezer since two form a majority against one. Rebbi Yose asked: If it is practice, why two? And if two, why practice? Would that mean if Rebbi Joḥanan would hold with Rebbi Joshua that practice would not follow Rabban Gamliel and Rebbi Eliezer but Rebbi Joshua? What about it? It is a testimony for which a woman in empowered. They wanted to say, when does Rebbi Joshua disagree with these rabbis? At a place where most are disabling, but at a place where most are qualified, even Rebbi Joshua will agree. There came Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, Rebbi Hila in the name of Rebbi Eleazar: There is disagreement even at a place where most are qualified. Does Rebbi Joshua think that immorality runs after the disabling? Rebbi Ze‘ira said, a baraita stated that even qualified people whore, as it was stated: Even the most pious man cannot be appointed guardian for illicit sex.
Rebbi Eleazar said to him: Is not the dough widow qualified but her daughter is disqualified? He said to him, whoever declares her to be qualified, declares her daughter to be qualified. Rebbi Jacob bar Aḥa said, did he not say “whoever declares her to be qualified”? This implies that there is another who disqualifies! Who declares qualified? Rebbi Meïr. Who disqualifies? The rabbis. As we have stated: What is qualified dough, anyone about whom there is [no suspicion of descent from] a desecrated, a bastard, or a Gibeonite. Rebbi Meïr says, the daughter of any woman not tainted with one of these is qualified for thepriesthood. But about a family in which a disability had disappeared, Rebbi Meïr says he checks up to four mothers and marries, but the Sages say, he checks forever.
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.
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.
Rebbi Hila said in the name of Rebbi Yannai: He cohabited with her inside of Sepphoris. Rebbi Abba in the name of Rebbi Yannai: If he was seen coming out of Sepphoris and he cohabited, the presumption is that he disqualifies since he cohabited there. What about a thoroughfare? Rebbi Jeremiah bar Abba, Rebbi Yose says: By a majority. The force of Rebbi Jeremiah comes from the following which Rebbi Ḥiyya had said in the name of Rebbi Joḥanan: If a wall fell in a dead-end street populated by Gentiles, but where one Jew lived, one digs there because of the Jew; but in a thoroughfare one follows the majority. And what is the interpretation of what Rebbi Abba said in the name of Rebbi Yannai, if he was seen coming out of Sepphoris and he cohabited, the presumption is that he is disqualified since he cohabited there? In the opinion of Rebbi Jeremiah, if one saw him coming out of a house. In the opinion of Rebbi Yose, even in a thoroughfare. If Sepphoris was locked. Rebbi Yose says, until there is proof. But here, Rebbi Yose says, by a majority! The force of Rebbi Yose comes from the following, which Rebbi Ze‘ira had said: Rebbi [Ḥiyya] (Yose) in the name of Rebbi Joḥanan: If his [box] (bread) was exchanged at the miller’s, if it was established that an am haäreẓ gave [grain] to be milled there that day, he has to worry; otherwise, he does not have to worry. Should he not worry? What is the difference between this and the Saracens? Was it not stated: “If a group of Saracens one day provisioned themselves from forbidden supplies, then that day becomes a proof for all days.” It is impossible for Saracens not to supply themselves. But here it was not established that the am haäreẓ was milling there that day. And here, I am saying that the disqualified person went to draw water only that day, and one has to worry. And here, Rebbi Hila said in the name of Rebbi Yannai: He cohabited with her inside of Sepphoris. And here, Rebbi Abba said in the name of Rebbi Yannai: If he was seen coming out of Sepphoris and he cohabited, the presumption is that he is disqualified since he cohabited there.
Rebbi Ḥaggai said that Rebbi Ze‘ira asked: Can one witness testifying orally and one by a document be taken together? Is a single witness on a written document worth anything? Therefore, his question was, if there are two. They managed to confirm the first signature but not the second. Rebbi Mana asked, is one witness on a written document enough to force anybody to swear? Is a single witness on a written document worth anything? Therefore, his question was, if there are two. They managed to confirm the first signature but not the second. Parallel to it: One does not accept testimony from witnesses unless they had seen together. Rebbi Joshua ben Qorḥa says, even if they saw one after the other. Rebbi Jeremiah, Rebbi Samuel bar Rav Isaac, in the name of Rav: The Sages agree with Rebbi Joshua ben Qorḥa for witnesses about primogeniture and rights of possession.
HALAKHAH: “If a woman said, I was married,” etc. It was stated: If the witnesses came after she remarried, she should not leave. Rav Ḥuna and Rebbi Ḥanina both say, not only after she remarried but even after the court authorized her to remarry. As the following: A woman came to Rebbi Joḥanan and said to him, I was married but I am divorced, and he permitted her. After she left, they said to him, are not her witnesses at Lod? He said, so I am saying: Should she wait even if her witnesses are at קסוסנון? Rebbi Yose bar Rebbi Abun said, there were two cases. In one case, they said to him, are not her witnesses at Lod? In the other case, they said to him, are not her witnesses at Caesarea? And so it was!He said to them, so I am saying: Should she wait even if her witnesses are at קסוסנון?
Women were kidnapped and brought there. The case came before Abba bar Abba, and Samuel. They ordered and gave them over to chaperones who were to return them to the Land of Israel. He said to him: What did we do for the earlier times when they were alone with them? Abba bar Abba said to him, would you say so if they were your daughters? Samuel’s daughters were kidnapped, “like an error which comes from the ruler”. When they were brought here, their kidnappers came with them. They came before Rebbi Ḥanina and left their kidnappers outside. They said to him, we were kidnapped but we are pure. He permitted them. After they left, their kidnappers sent after them. He said, it is obvious that these are the daughters of a Sage. When they came to know who they were, they said to Simeon bar Abba, take care of your relatives. He married the first one, but she died. The second one and she died. Why? Because they lied? God forbid, they did not lie. But because of the sin of Ḥanania, Rebbi Joshua’s nephew, who intercalated the year outside the Land.
Women were kidnapped and brought there. The case came before Abba bar Abba, and Samuel. They ordered and gave them over to chaperones who were to return them to the Land of Israel. He said to him: What did we do for the earlier times when they were alone with them? Abba bar Abba said to him, would you say so if they were your daughters? Samuel’s daughters were kidnapped, “like an error which comes from the ruler”. When they were brought here, their kidnappers came with them. They came before Rebbi Ḥanina and left their kidnappers outside. They said to him, we were kidnapped but we are pure. He permitted them. After they left, their kidnappers sent after them. He said, it is obvious that these are the daughters of a Sage. When they came to know who they were, they said to Simeon bar Abba, take care of your relatives. He married the first one, but she died. The second one and she died. Why? Because they lied? God forbid, they did not lie. But because of the sin of Ḥanania, Rebbi Joshua’s nephew, who intercalated the year outside the Land.
Women were kidnapped and brought there. The case came before Abba bar Abba, and Samuel. They ordered and gave them over to chaperones who were to return them to the Land of Israel. He said to him: What did we do for the earlier times when they were alone with them? Abba bar Abba said to him, would you say so if they were your daughters? Samuel’s daughters were kidnapped, “like an error which comes from the ruler”. When they were brought here, their kidnappers came with them. They came before Rebbi Ḥanina and left their kidnappers outside. They said to him, we were kidnapped but we are pure. He permitted them. After they left, their kidnappers sent after them. He said, it is obvious that these are the daughters of a Sage. When they came to know who they were, they said to Simeon bar Abba, take care of your relatives. He married the first one, but she died. The second one and she died. Why? Because they lied? God forbid, they did not lie. But because of the sin of Ḥanania, Rebbi Joshua’s nephew, who intercalated the year outside the Land.
HALAKHAH: “Rebbi Jehudah says, one does not elevate,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan: A complaint needs at least two [plaintiffs]. Rebbi Abun bar Ḥiyya asked, how do we hold? If they elevated him on the testimony of one person, they should demote him on the testimony of one person. If they elevated him on the testimony of two persons, even if there are many [opposed] they should not demote him! Rebbi Ḥuna said, it follows the rabbis there. But following the rabbis here and Rav Naḥman bar Jacob, just as one elevates him on the testimony of two persons, one demotes him on the testimony of two persons.
HALAKHAH: “Rebbi Jehudah says, one does not elevate,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan: A complaint needs at least two [plaintiffs]. Rebbi Abun bar Ḥiyya asked, how do we hold? If they elevated him on the testimony of one person, they should demote him on the testimony of one person. If they elevated him on the testimony of two persons, even if there are many [opposed] they should not demote him! Rebbi Ḥuna said, it follows the rabbis there. But following the rabbis here and Rav Naḥman bar Jacob, just as one elevates him on the testimony of two persons, one demotes him on the testimony of two persons.
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.
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.
Rebbi Ḥiyya bar Yosef sent after his wife. He said, three students should accompany her, so that if one has to absent himself for his needs, she should still be with two of them. But did we not state: “And they give him two scholars to prevent him from sleeping with her on the trip”? Rebbi Abin said, with her husband that makes three. Also he rented a house for her and looked after her upkeep but was never alone with her except in the presence of her children. He applied to himself the verse: “I exercised myself in my worry but found no rest”.
Should one not worry that he might be a slave? This supports what Rebbi Ḥama bar Uqba said in the name of Rebbi Yose ben Rebbi Ḥanina: It is forbidden for a man to teach Torah to his slave. But did not Rebbi Ze‘ira say in the name of Rav Jeremiah: A slave is counted as one of the seven readers; wayedabber is counted as one of three verses! Explain it, if he learned it by himself or his master taught him like Tebi. Should one not worry that he might be a slave? This supports what Rebbi Ḥiyya stated: Women and slaves cannot share in the distribution on the threshing floor, but one gives them the gifts of priesthood and levitic status from the house.
Rebbi Yose ben Rebbi Ḥanina said, a man who rapes or seduces an orphan girl does not have to pay. Rebbi Abba bar Mamai said, that is a disagreement, it follows Rebbi Yose the Galilean. But following Rebbi Aqiba she can claim the fine and the fine becomes her property. Rebbi Yose said, the Mishnah said “at less than three years and one day of age,” and is she not like an orphan? And did we not state: “Because he raped her,” that includes an orphan for a fine, the words of Rebbi Yose the Galilean? Rebbi Aḥai said, explain it that he had intercourse with her when her father was alive; when her father died, he already had the obligation to give to her father.
Rebbi Simeon ben Laqish said, even if he was not cautioned should he not pay since when cautioned he would be flogged? A Mishnah disagrees with Rebbi Simeon ben Laqish: “If somebody eats heave in error, he pays principal and fifth,” but if he was cautioned, will he not be flogged? He explains it following Rebbi Meïr since Rebbi Meïr said, he is flogged and pays. A Mishnah disagrees with Rebbi Simeon ben Laqish, as we have stated: “The following adolescent girls can claim a fine,” but if he was cautioned, will he not be flogged? He explains it following Rebbi Meïr since Rebbi Meïr said, he is flogged and pays. Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: Rebbi Meïr learned from the calumniator. (Deut. 22:18) “They shall punish him,” flogging; (Deut. 22:19) “and they shall fine him”, money. But the rabbis say, [the law of] the calumniator is separate because of its novelty; one cannot learn from a novelty! Because nowhere else will a person become guilty by speech, but here he becomes guilty by speech; therefore, nothing can be inferred. Another explanation: one cannot transfer the rules of either payment or flogging. Did not Rebbi Abbahu say in the name of Rebbi Joḥanan: If he [eats] fat in error but is intentional about the sacrifice, if he was cautioned he will be flogged and has to bring a sacrifice? So here, he is flogged and he pays. Rebbi Abun bar Ḥiyya in the name of Rebbi Samuel bar Rav Isaac said, (Deut. 25:2) “Because of his guilt.” If two possibilities are given to the court, one chooses one of them. This excludes matters in the power of Heaven.