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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.

Nathan bar Hoshiah said, one speaks about an adolescent girl, the other about an adult woman. The adolescent has a fine but nobody is flogged for her; for the adult he is flogged but pays no fine, she cannot be sold; she has no claim for shame and blemish. The rabbis of Caesarea said, explain it that she seduced him or remitted [the fine] for him. Nathan bar Hoshaiah thinks that in a case of flogging and payment he pays but is not flogged. Why should he not be flogged and have to pay? (Deut. 25:2) “Because of his guilt.” You sentence him for one offence but you may not sentence him for two offences. From perjured witnesses. Just as you say there, perjured witnesses pay but are not flogged, here also he pays and is not flogged. Rebbi Jonah said, the reason of Rebbi Nathan bar Hoshaiah: (Deut. 25:2): “For his evil deed.” It refers to one whose flogging frees him from his guilt, excluding one who is told: get up and pay.

Nathan bar Hoshiah said, one speaks about an adolescent girl, the other about an adult woman. The adolescent has a fine but nobody is flogged for her; for the adult he is flogged but pays no fine, she cannot be sold; she has no claim for shame and blemish. The rabbis of Caesarea said, explain it that she seduced him or remitted [the fine] for him. Nathan bar Hoshaiah thinks that in a case of flogging and payment he pays but is not flogged. Why should he not be flogged and have to pay? (Deut. 25:2) “Because of his guilt.” You sentence him for one offence but you may not sentence him for two offences. From perjured witnesses. Just as you say there, perjured witnesses pay but are not flogged, here also he pays and is not flogged. Rebbi Jonah said, the reason of Rebbi Nathan bar Hoshaiah: (Deut. 25:2): “For his evil deed.” It refers to one whose flogging frees him from his guilt, excluding one who is told: get up and pay.

Nathan bar Hoshiah said, one speaks about an adolescent girl, the other about an adult woman. The adolescent has a fine but nobody is flogged for her; for the adult he is flogged but pays no fine, she cannot be sold; she has no claim for shame and blemish. The rabbis of Caesarea said, explain it that she seduced him or remitted [the fine] for him. Nathan bar Hoshaiah thinks that in a case of flogging and payment he pays but is not flogged. Why should he not be flogged and have to pay? (Deut. 25:2) “Because of his guilt.” You sentence him for one offence but you may not sentence him for two offences. From perjured witnesses. Just as you say there, perjured witnesses pay but are not flogged, here also he pays and is not flogged. Rebbi Jonah said, the reason of Rebbi Nathan bar Hoshaiah: (Deut. 25:2): “For his evil deed.” It refers to one whose flogging frees him from his guilt, excluding one who is told: get up and pay.

Our Mishnah disagrees with Rebbi Simeon ben Laqish! “If somebody eats heave intentionally he pays the principal but not the fifth.” In the opinion of Nathan bar Hoshaiah who said he pays, it is understandable. In the opinion of Rebbi Joḥanan who said, if he was cautioned he is flogged, but if he was not cautioned he pays, he explains it as intentional without cautioning. In the opinion of Rebbi Simeon ben Laqish there is no difference between intentional and unintentional, between cautioned or not cautioned. He explains following Rebbi Meïr who says, he is flogged and he pays.

Rebbi Ḥinena said before Rebbi Mana: Even if Rebbi Simeon ben Laqish thought the entire Mishnaiot were Rebbi Meïr’s, does the verse agree with Rebbi Meïr? Is it not written (Lev. 22:14): “If a person ate consecrated food in error”? But Rebbi Simeon ben Laqish must hold that the fifth is a sacrifice. But even if he holds that the fifth is a sacrifice, can the principal be a sacrifice? Rebbi Yudan bar Shalom said, the Mishnah declares that the principal is a fine, as we have stated: “He does not pay in heave but in totally profane food which is turned into heave.” If he had to pay from what he ate, it would be fine. And it was stated: “If he ate impure heave, he has to pay in pure profane food, but if he paid in impure profane, he discharged his obligation.” Does he not owe him the price of wood? That shows that the principal is a fine and since the principal is a fine, the fifth also is a fine. But Rebbi Simeon ben Laqish follows his own opinion. Just as Rebbi Simeon ben Laqish said, there, everybody was under the obligation of (Ex. 20:16) “Do not become a false witness against your neighbor”, but this one was treated separately, (Deut. 19:19) “do to him what he intended to do to his brother”, to pay money; also here, everybody was under the obligation of (Lev. 22:10) “no outsider shall eat holy [food],” but this one was treated separately, (Lev. 22:14) “if somebody should eat holy [food] in error,” to pay money.

Rebbi Mana said before Rebbi Yose: If it is so, he who sleeps with his minor sister should be flogged and have to pay since if he sleeps with his adult sister he is flogged. He reversed himself and said, there death and payment fall on him simultaneously. But here, when he muzzled he is subject to flogging but only later for payment. Rebbi Ze‘ira objected before Rebbi Mana: He who sets fire to his neighbor’s grain stack on the Sabbath is subject to capital punishment from the first ear but only later for payment! One cannot say that because for every single ear there is cautioning for the death penalty. Here also, for every moment of muzzling there is cautioning for flogging. Rebbi Yose bar Abun said, two Amoraïm. One said, if he muzzled for heave which is Temple property. The other one said, if he muzzled through an agent. Then the agent is flogged and he is free (Lev. 17:4): “As a blood guilt it will be charged on this man,” not on his employers.

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

HALAKHAH: “About an orphan girl who had been preliminarily married and was divorced,” etc. Rebbi Joḥanan said, it turns out that Rebbi Eleazar follows the opinion of his teacher Rebbi Aqiba. Just as Rebbi Aqiba said that she can collect the fine and it belongs to her, so Rebbi Eleazar said that she can collect the fine and it belongs to her. Then also for a seduced one? Rebbi Jeremiah said in the name of Rebbi Eleazar, explain it that she remitted it to him. Can anybody remit anthing that does not belong to him? Explain it for an orphan; as it was stated in the House of Rebbi thus: The orphan, Rebbi Eleazar said that the rapist has to pay her but the seducer does not. Can anybody remit something which is not in his possession? Let us hear from the following, as Rebbi Abun bar Ḥiyya said in the name of Rebbi Ze‘ura: The fine is not due from the first moment on. As we have stated there: “If she came to court before her father died, [the payments due] belong to her father and if the father died they belong to the brothers.” If you say that the fine is due from the first moment, it would belong to the brothers from the first moment! Rebbi Abba in the name of Rav Ḥisda: The Mishnah deals with shame and diminution of value. As Rebbi Mana said, how is it? The rapist is obligated for everything and the seducer is free from everything. Rebbi Abin said, [Rebbi] Shammai asked: What does it mean that the rapist has to pay but the seducer does not? The rapist has to pay everything but the seducer is free [from paying] for shame and diminution of value but is obligated for the fine. That is Rebbi Aqiba’s. Or, the rapist is free [from paying] for shame and diminution of value but is obligated for the fine but the seducer is free from everything? That is Rebbi Yose the Galilean’s.

Jacob bar Abba asked before Rav: What is the law for him who comes to a minor? He said to him, by stoning. What is the law for him who comes to an adult? He said to him, I am reading “an adolescent”, not an adult. Read “an adolescent”, not a minor! “‘Because he mistreated her’, that includes a minor for a fine”, read ‘because he mistreaded her’, that includes an adult for a fine! Rav said, even though Jacob won the logical argument, practice is that he who comes to a minor is [punished] by stoning but she is free. Rebbi Abin in the name of Samuel: Why? He understood it from the following: “The man who had lain with her alone should die.” Did we not know that “the girl has not committed a capital crime”? Then why does the verse say: “Do not do anything to the girl, the girl has not committed a capital crime”? That includes him who comes to a preliminarily married underage girl that he is stoned and she is free.

Rebbi Ze‘ira sent to Rav Naḥman bar Jacob and Rebbi Immi bar Pappai: Who owns the earnings of the daughter? They said to him, the diligent said, herself. Who is the diligent? Samuel! Rebbi Mattanah said, it was said in the name of Rebbi as explanation of a verse: “You shall give them as inheritance to your sons to inherit property,” those to your sons and not your daughters to your sons; the verse speaks about the earnings of the daughter. Rebbi Yudan said, the Mishnah says so: “Her earnings and what she finds, even if she had not collected when the father died, belong to the brothers.” Anything she earned during her father’s lifetime. But what she earned after her father’s death according to everybody is hers.

Rebbi Ze‘ira sent to Rav Naḥman bar Jacob and Rebbi Immi bar Pappai: Who owns the earnings of the daughter? They said to him, the diligent said, herself. Who is the diligent? Samuel! Rebbi Mattanah said, it was said in the name of Rebbi as explanation of a verse: “You shall give them as inheritance to your sons to inherit property,” those to your sons and not your daughters to your sons; the verse speaks about the earnings of the daughter. Rebbi Yudan said, the Mishnah says so: “Her earnings and what she finds, even if she had not collected when the father died, belong to the brothers.” Anything she earned during her father’s lifetime. But what she earned after her father’s death according to everybody is hers.

HALAKHAH: “If somebody gives his daughter in preliminary marriage,” etc. Rebbi Abun bar Ḥiyya said, the reason of Rebbi Jehudah is to encourage a man to give an ample dowry to his daughter. Rebbi Jacob bar Aḥa in the name of Rebbi Isaac: Rebbi (Meïr) learned from the calumniator. Did not Rebbi Ḥiyya state: If she whored while in her father’s house and he calumniated her after she became an adult, he is not flogged nor does he pay 100 tetradrachmas but either she or the false witnesses are executed by stoning? Rebbi Mana asked before Rebbi Yose: Think of it, if he calumniated her when she was an adolescent and now she is an adult? He said to him, we heard that he pays to her father. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how could the rabbis compare a ketubah to a fine when they are not comparable! For the ketubah is an obligation from the first hour but the fine is only at the end; and you say so? He said to him, who says that to you? Even the [obligation of the] fine is from the first moment. It turns out that Rebbi Mana is like Rebbi Jeremiah and (like Rebbi Yose ben Ze‘ira).

HALAKHAH: “If somebody gives his daughter in preliminary marriage,” etc. Rebbi Abun bar Ḥiyya said, the reason of Rebbi Jehudah is to encourage a man to give an ample dowry to his daughter. Rebbi Jacob bar Aḥa in the name of Rebbi Isaac: Rebbi (Meïr) learned from the calumniator. Did not Rebbi Ḥiyya state: If she whored while in her father’s house and he calumniated her after she became an adult, he is not flogged nor does he pay 100 tetradrachmas but either she or the false witnesses are executed by stoning? Rebbi Mana asked before Rebbi Yose: Think of it, if he calumniated her when she was an adolescent and now she is an adult? He said to him, we heard that he pays to her father. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how could the rabbis compare a ketubah to a fine when they are not comparable! For the ketubah is an obligation from the first hour but the fine is only at the end; and you say so? He said to him, who says that to you? Even the [obligation of the] fine is from the first moment. It turns out that Rebbi Mana is like Rebbi Jeremiah and (like Rebbi Yose ben Ze‘ira).

Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: If the father brought witnesses to prove the perjury of the husband’s witnesses; but the father’s witnesses were proven perjurers, is he flogged and pays 100 tetradrachmas by the judgment of three and the witnesses are stoned by the judgment of 23? He said to him, if the father’s witnesses are not proven perjurers, is not the husband flogged and pays 100 tetradrachmas by the judgment of three and the witnesses are stoned by the judgment of 23? Rebbi Ze‘ira is of the opinion that there are two different proceedings. Rebbi Jeremiah in the name of Rebbi Abbahu: There is only one proceeding. A baraita disagrees with Rebbi Abbahu: “To the town’s Elders”, that is a court of three members; “to the gate”, that is a court of 23. He explains it following Rebbi Meïr, since Rebbi Meïr says that he is flogged and pays. There, we have stated: “The seducer, the rapist, and the calumniator [are judged] by three [judges], the words of Rebbi Meïr; but the Sages say, the calumniator by 23 since it is a potential capital case.” Rebbi Mana said, they disagree about the preliminarily married adolescent. Rebbi Meïr says, she loses her ketubah in a court of three and is stoned by a court of 23; but the Sages say, at the same place which sentences her to be stoned she loses her ketubah. But in the case of the calumniator, everybody agrees that by the court in which the witnesses are stoned, the husband is flogged and pays 100 tetradrachmas. Rebbi Yose ben Rebbi Abun said to him, would they differ where it was not stated? But they differ about the calumniator! Rebbi Meïr says, he is flogged and pays 100 tetradrachmas by the judgment of three and the witnesses are stoned by the judgment of 23; but the rabbis say, by the court in which the witnesses are stoned, the husband is flogged and pays 100 tetradrachmas. But by the case of the preliminarily married adolescent, everybody agrees that at the same place which sentences her to be stoned she loses her ketubah. [It turns out that Rebbi Yose ben Rebbi Abun follows Rebbi Ze‘ira and Rebbi Mana [follows] Rebbi Abbahu].

Rebbi Yose ben Rebbi Ḥanina: One who rapes or seduces an orphan is free. Rebbi Abba bar Mamal said, this is in dispute; following Rebbi Yose the Galilean. But following Rebbi Aqiba a fine is due, and the fine belongs to herself. Rebbi Yose said, the Mishnah says so: “She has neither a door to her father’s house nor 100 tetradrachmas;” is she not like an orphan? Rebbi Immi and Rebbi Joshua ben Levi both say, one who calumniates an underage girl is free. Rebbi Hoshaiah said, that is correct. If she were an adult who was not warned, would there be any case? And an underage girl who was warned is like an adult who was not warned.

Rebbi Ze‘ira, Rav Hamnuna in the name of Rav Ada bar Aḥawa: She cannot be executed unless she is an adolescent at the time of the execution. What is the reason? “They shall execute the adolescent at her father’s door.” But did not Rebbi Ḥiyya state: If she whored in her father’s house and [the husband] calumniated her after she became an adult, he is not flogged nor does he pay 100 tetradrachmas but either she or the witnesses are executed by stoning. A Mishnah disagrees with Rav Ada bar Aḥawa: “If he escaped after being sentenced and then his pubic hair grew fully.” There, you can say “they shall execute the adolescent” who whored; can you say here “they shall execute him”, the son?

Rebbi Ze‘ira, Rav Hamnuna in the name of Rav Ada bar Aḥawa: She cannot be executed unless she is an adolescent at the time of the execution. What is the reason? “They shall execute the adolescent at her father’s door.” But did not Rebbi Ḥiyya state: If she whored in her father’s house and [the husband] calumniated her after she became an adult, he is not flogged nor does he pay 100 tetradrachmas but either she or the witnesses are executed by stoning. A Mishnah disagrees with Rav Ada bar Aḥawa: “If he escaped after being sentenced and then his pubic hair grew fully.” There, you can say “they shall execute the adolescent” who whored; can you say here “they shall execute him”, the son?

Rebbi Simeon ben Laqish in the name of Rebbi Jehudah ben Ḥananiah: They voted in Usha that if one writes all his property over to his sons, he and his wife are supported by them. What is the situation of underage children? Rebbi Abbahu in the name of Rebbi Yose ben Rebbi Jehudah, but some say it in the name of Rebbi Judah ben Ḥanina: He, his wife and his underage children are supported by them. What about his widow? Rebbi Ze‘ira said, this was asked but not resolved. Rebbi Abba bar Mamal said, it was asked and resolved, Rebbi Abba said, it seems reasonable that if she ate during her husband’s lifetime then she eats; otherwise, she does not eat. It says only “if one writes”; that excludes the seller. If he wrote to his sons and sold to others, what is here reasonable? Rebbi Ḥanina said, I would not give him anything. Rebbi Mana: Is it not reasonable that they hire him a servant and marry a wife to him so she should serve him?

Rebbi Simeon ben Laqish in the name of Rebbi Jehudah bar Ḥaninah: They voted in Usha that one who insults an Elder or hits him has to indemnify him fully for his shame. It happened, that somebody who insulted an Elder and hit him had to indemnify him fully for his shame. They said, it happened to Rebbi Jehudah ben Ḥanina.

Rebbi Simeon bar Laqish said in the name of Rebbi Jehudah ben Ḥanina: They voted at Usha that a person may donate a fifth of his property for good deeds. How far down? Rebbi Jeremiah and Rebbi Abba bar Cahana; one said corresponding to terumah and the terumah of the tithe, the other said (Prov. 3:9): “Honor the Eternal with your property” … “corresponding to the first of all your yield”. Rebbi Gamliel bar Ininia asked before Rebbi Mana: Does it mean one fifth every year? {One studies this in the first Halakhah of Peah.} Will he not die? But lest he die in the future.

Rebbi Simeon bar Laqish said in the name of Rebbi Jehudah ben Ḥanina: They voted at Usha that a person may donate a fifth of his property for good deeds. How far down? Rebbi Jeremiah and Rebbi Abba bar Cahana; one said corresponding to terumah and the terumah of the tithe, the other said (Prov. 3:9): “Honor the Eternal with your property” … “corresponding to the first of all your yield”. Rebbi Gamliel bar Ininia asked before Rebbi Mana: Does it mean one fifth every year? {One studies this in the first Halakhah of Peah.} Will he not die? But lest he die in the future.

Rebbi Simeon bar Laqish said in the name of Rebbi Jehudah ben Ḥanina: They voted at Usha that a person may donate a fifth of his property for good deeds. How far down? Rebbi Jeremiah and Rebbi Abba bar Cahana; one said corresponding to terumah and the terumah of the tithe, the other said (Prov. 3:9): “Honor the Eternal with your property” … “corresponding to the first of all your yield”. Rebbi Gamliel bar Ininia asked before Rebbi Mana: Does it mean one fifth every year? {One studies this in the first Halakhah of Peah.} Will he not die? But lest he die in the future.

Rav Huna insists on interpreting the contract text. Rav Huna explained: “The sons shall inherit but the daughters must be fed.” Since the sons inherit movables, the daughters also are fed from movables. Samuel said, the daughters are not fed from movables. A Mishnah supports Samuel: “The female children you shall have from me shall dwell in my house and be supported from my property.” It was stated on this: From real estate but not from movables. Rebbi Abba bar Zavda said: Rav Huna follows Rebbi and Samuel follows Rebbi Simeon ben Eleazar, as it was stated: “One uses both guaranteed property and non-guaranteed property for the support of the wife and the daughters, the words of Rebbi. Rebbi Simeon ben Eleazar says, guaranteed property may be taken by sons from sons, by daughters from daughters, by sons from daughters, and by daughters from sons. But non-guaranteed property may be taken by sons from daughters but not by daughters from sons.” They said, Rav Huna reversed himself. They said, that was well done, ketubah is a biblical commandment but support of the daughters is from their words. May their words uproot a biblical commandment? It must be that they differ about the money contained in their mother’s ketubah. [Even if you say, they differ about the money contained in their mother’s ketubah.] But is the money stipulated in their mother’s ketubah not also real estate?

“If somebody who works his wife’s property has the intention of divorcing her and goes and takes from the ground, he is quick and is rewarded. If somebody who works the property of prisoners heard that they prepare to return, goes and takes from the ground, he is quick and is rewarded. These are properties of prisoners: In any case where his father, brother, or any person from whom he might inherit, went overseas; it was heard that they died, and he went to work the inheritance. But property of abandoning persons one takes out of their hands. These are properties of abandoning persons: In any case where his father or any person from whom he might inherit went overseas, he did not hear that they died, but he went to work the inheritance. Rabban Simeon ben Gamliel said, I heard that there is no difference between prisoners and abandoning persons. But property of broken persons one takes out of their hands. These are properties of broken persons: In any case where his father, brother, or any person from whom he might inherit, went overseas, and his whereabouts are not known. Samuel says, the prisoner is one who left involuntarily. If he had left voluntarily he would have given him instructions. The abandoning person is one who left voluntarily. You should know that he had the intention of keeping [the relative] off his property since he left voluntarily and did not give him instructions. Rebbi Abba, Rav Jehudah in the name of Samuel: Movables do not fall under the rules of broken people. Rebbi Jacob bar Aḥa in the name of Rav: Those date palms of Babylonia which do not need grafting, is it not reasonable that we should treat them like standing grain ready to be harvested and grapes ready to be harvested?

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

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

““And you shall dwell in my house”. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: If he slept with her when she still was in her father’s house, did he then activate all ketubah stipulations or is that only by definitive marriage? Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: If she renounced her ketubah, what is the situation? She renounced her rights but not those of her children.

““And you shall dwell in my house”. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: If he slept with her when she still was in her father’s house, did he then activate all ketubah stipulations or is that only by definitive marriage? Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: If she renounced her ketubah, what is the situation? She renounced her rights but not those of her children.

HALAKHAH: Rebbi Ze‘ira asked Rav Naḥman bar Jacob and (Rebbi) Abime bar Pappai: What if there was no house? They said to him, the heirs rent a house for her. One concludes that if she says real estate and they say money, the law sides with the heirs. As the following: A woman’s ketubah was twenty denars, and there was a house worth at most ten denars. The case came before Rebbi Ḥanina who said, either they give her a house or they give her twenty denars. Rebbi Mana said, since the house is not worth more than 20 it is as if her ketubah was only twenty. One concludes that if she says real estate and they say money, the law sides with the heirs.

HALAKHAH: Rebbi Ze‘ira asked Rav Naḥman bar Jacob and (Rebbi) Abime bar Pappai: What if there was no house? They said to him, the heirs rent a house for her. One concludes that if she says real estate and they say money, the law sides with the heirs. As the following: A woman’s ketubah was twenty denars, and there was a house worth at most ten denars. The case came before Rebbi Ḥanina who said, either they give her a house or they give her twenty denars. Rebbi Mana said, since the house is not worth more than 20 it is as if her ketubah was only twenty. One concludes that if she says real estate and they say money, the law sides with the heirs.

It was stated: Just as the husband decides, so the father decides; only that the husband transfers rights in writing but the father only by speech, restricted to those things that can be acquired by speech. What is that? Gidul in the name of Rav: How much are you giving to your son? Such and such. And how much are you giving to your daughter? Such and such. When he preliminarily married her, the daughter acquired among the daughters. Rebbi Ḥiyya bar Joseph said, Gidul found something large and said something small! But it is as follows: How much are you giving to your son? Such and such. How much are you giving to your daughter? Such and such. When he preliminarily married her, the daughter acquired among the daughters and the son among the sons. Rebbi Ze‘ira said, is that something small? Does he not acquire a wife on top of movables with one peruṭa’s worth? But nobody can acquire two wives with one peruṭa’s worth! But cannot a person acquire real estate and several movables with one peruṭa’s worth? For a person can acquire two pieces of real estate with one peruṭa’s worth, but nobody can acquire two wives with one peruṭa’s worth.

Rebbi Abba bar Ḥiyya in the name of Rebbi Joḥanan: “How much are you giving to your son? Such and such. How much are you giving to your daughter? Such and such. When he preliminarily married her, the daughter acquired among the daughters and the son among the sons,” but only if it is a first marriage. This follows what Rebbi Ḥanania said: If somebody definitively married off his son in a house, the latter acquired the house, but only if it is a first marriage. Rebbi Hoshaia said, she acquired movables but did not acquire the house. Do they disagree? Rebbi Jeremiah in the name of Rebbi Abbahu: Explain it that his father used it for storage. Rebbi Ḥizqiah in the name of Rebbi Joshua ben Levi: It is needed in case what was stored was borrowed from the market. Rebbi Abbahu said, if he said it is loaned, he did not acquire it. There came a case before Rebbi Jacob ben Rebbi Abun and he instructed following Rebbi Abbahu. Rebbi Ze‘ira said, essentialy this has no basis but the rabbis build and add to it!

So is the Mishnah: “Because he did only add for the love of the first night, when he had intercourse with her.” If he slept with her, divorced her, and took her back, the love of the first night is still there. If he slept with her, died, and she became available to the levir, the love of the first night is still there. Rebbi Jacob bar Aḥa, Rebbi Alexis in the name of Ḥizqiah: Practice follows Rebbi Eleazar ben Azariah who said, if they were divorced or widowed after a preliminary marriage she collects 200, after the definitive marriage she collects everything. Rebbi Ḥanania said, practice follows Rebbi Eleazar ben Azariah. Rebbi Abbai said, they said to Rebbi Ḥanania, get outside to recite. Rebbi Jonah, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice follows Rebbi Eleazar ben Azariah. Rebbi Yosa, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. Rebbi Yose said, we had a rule that Ḥizqiah and Rebbi Jonathan said the same thing. As it was stated: If somebody’s son went overseas and one heard that he died, [the father] went and wrote his property to somebody else, and after that, the son returned. The gift remains valid; Rebbi Simeon ben Menasia says that the gift is invalid since he would not have written the deed if he had known that his son was alive. And Rebbi Jacob bar Aḥa said, practice follows Rebbi Eleazar ben Azariah, and the reason of Rebbi Eleazar ben Azariah is the reason of Rebbi Simeon ben Menasia; and Rebbi Yannai said, they said to Rebbi Ḥanania, get outside to recite. And Rebbi Yose bar Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. An actual case was judged according to Rebbi Eleazar ben Azariah.

So is the Mishnah: “Because he did only add for the love of the first night, when he had intercourse with her.” If he slept with her, divorced her, and took her back, the love of the first night is still there. If he slept with her, died, and she became available to the levir, the love of the first night is still there. Rebbi Jacob bar Aḥa, Rebbi Alexis in the name of Ḥizqiah: Practice follows Rebbi Eleazar ben Azariah who said, if they were divorced or widowed after a preliminary marriage she collects 200, after the definitive marriage she collects everything. Rebbi Ḥanania said, practice follows Rebbi Eleazar ben Azariah. Rebbi Abbai said, they said to Rebbi Ḥanania, get outside to recite. Rebbi Jonah, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice follows Rebbi Eleazar ben Azariah. Rebbi Yosa, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. Rebbi Yose said, we had a rule that Ḥizqiah and Rebbi Jonathan said the same thing. As it was stated: If somebody’s son went overseas and one heard that he died, [the father] went and wrote his property to somebody else, and after that, the son returned. The gift remains valid; Rebbi Simeon ben Menasia says that the gift is invalid since he would not have written the deed if he had known that his son was alive. And Rebbi Jacob bar Aḥa said, practice follows Rebbi Eleazar ben Azariah, and the reason of Rebbi Eleazar ben Azariah is the reason of Rebbi Simeon ben Menasia; and Rebbi Yannai said, they said to Rebbi Ḥanania, get outside to recite. And Rebbi Yose bar Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. An actual case was judged according to Rebbi Eleazar ben Azariah.

So is the Mishnah: “Because he did only add for the love of the first night, when he had intercourse with her.” If he slept with her, divorced her, and took her back, the love of the first night is still there. If he slept with her, died, and she became available to the levir, the love of the first night is still there. Rebbi Jacob bar Aḥa, Rebbi Alexis in the name of Ḥizqiah: Practice follows Rebbi Eleazar ben Azariah who said, if they were divorced or widowed after a preliminary marriage she collects 200, after the definitive marriage she collects everything. Rebbi Ḥanania said, practice follows Rebbi Eleazar ben Azariah. Rebbi Abbai said, they said to Rebbi Ḥanania, get outside to recite. Rebbi Jonah, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice follows Rebbi Eleazar ben Azariah. Rebbi Yosa, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. Rebbi Yose said, we had a rule that Ḥizqiah and Rebbi Jonathan said the same thing. As it was stated: If somebody’s son went overseas and one heard that he died, [the father] went and wrote his property to somebody else, and after that, the son returned. The gift remains valid; Rebbi Simeon ben Menasia says that the gift is invalid since he would not have written the deed if he had known that his son was alive. And Rebbi Jacob bar Aḥa said, practice follows Rebbi Eleazar ben Azariah, and the reason of Rebbi Eleazar ben Azariah is the reason of Rebbi Simeon ben Menasia; and Rebbi Yannai said, they said to Rebbi Ḥanania, get outside to recite. And Rebbi Yose bar Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. An actual case was judged according to Rebbi Eleazar ben Azariah.

HALAKHAH: “Rebbi Jehudah says, if he wants he writes,” etc. Does Rebbi Jehudah think that the minimum for a virgin is a mina and for a widow 50 zuz? Should he not write so from the start? But it must be a diminution afterwards. Why can he not write that “I received from you such and such”? It was found that bar Kappara stated: “I received from you such and such”. Rebbi Joḥanan said: Rebbi Jehudah formulated this only for the end; but at the start, even Rebbi Jehudah agrees. What is the beginning and what is the end? The colleagues in the name of R. Joḥanan: Before he had intercourse, and after he had intercourse. Rebbi Ze‘ira in the name of R. Joḥanan: Before he took her in, and after he took her in. If he did not have intercourse with her, divorced her, and took her in again; that is before and after.

When the time came and they were not definitively married, they eat from his property and [do not] eat heave. If the husbands died, they eat from his property and eat heave. Samuel, the brother of Rebbi Berekhiah, said: Only if the time was up on a Wednesday. What if the time was up on Tuesday or Thursday? Rebbi Ḥama bar Uqba in the name of Rebbi Yose ben Rebbi Ḥanina and Levi: Both say that he is as if the Sages had jailed him. Rebbi Joshua ben Levi said, if the delay is his fault, she is fed from his property.

Rebbi Samuel ben Rav Isaac said, [the status] of her earnings is between them. Rebbi Meïr says, the earnings are susceptible to be dedicated from the first moment; Rebbi Joḥanan the Alexandrian says, the earnings are not susceptible to be dedicated from the first moment. “What I shall inherit from my father (today) is sold to you, what I shall catch today in my trap is sold to you; his words are valid.” Rebbi Abbahu in the name of Rebbi Joḥanan: If he takes out a loan for his father’s burial shrouds, if his father was sick or in mortal danger. Rebbi Abbahu in the name of Rebbi Joḥanan: Only if the trap was set. And Rebbi Abbahu said in the name of Rebbi Joḥanan: But as a dedication it would not be sanctified. Why? Because of the disagreement of Rebbi Meïr and Rebbi Joḥanan the Alexandrian. One could say, there is a difference about the dedication, because the trap is not usually successful. Rebbi Yose said to Rebbi Jacob bar Aḥa: Do you remember that both you and Rebbi Jeremiah were saying in the name of Rebbi Simeon ben Laqish: Who stated about the dedication, because the trap is not usually successful? The disagreement of Rebbi Meïr and Rebbi Joḥanan the Alexandrian! Rebbi Simeon ben Laqish has many a thought.

Rebbi Jeremiah asked: If somebody dedicated his slave’s earnings and the latter was a hunter, what are the rules? Let us hear from the following: If somebody dedicates his slave, that one is dedicated but his earnings are profane. His [slave’s] earnings, he is profane and his earnings are dedicated. Rebbi Joḥanan said, if somebody cuts off the hands of another person’s slave, that one’s owner collects the payments for his injuries, his pain, his shame, and impairment but he shall go out and subsist on alms. Did we not state: If somebody dedicates his slave, that one takes out his provisions but the remainder is dedicated. Rebbi Abba bar Mamal said, nobody thinks that he should die. [ ] more than for slaves. Did not Rebbi Joḥanan say, if somebody cuts off the hands of another person’s slave, that one’s owner collects the payments for his damages, his pain, his shame, and impairment but he shall go out and subsist on alms. The rabbis of Caesarea in the name of Rebbi Aḥa: Jews are obligated to care for amputees, even slaves. Rebbi Joḥanan gave to his slave from everything he himself ate and quoted for this: “Did not his Maker make me in the belly and formed me likewise in a womb?”

It was stated: A baby suckles continuously until 24 months; after that he is as if an unclean creature would suckle, the words of Rebbi Eliezer. But Rebbi Joshua says, he suckles continuously even four or five years. If he stopped, one does not return him. How long? Rebbi Jacob bar Aḥa, Rebbi Jeremiah in the name of Rav: From hour to hour. Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi Joshua ben Levi: Three days from hour to hour. It was stated: From hour to hour. Rebbi Hizqiyah, Rav: When has this been said? If he stopped while being healthy. But if he stopped because of sickness, one does return him. When there was no danger. But if it was because of danger, one returns him even after a number of days.

“If she brought”. Rebbi Samuel bar Rav Isaac said, not only if she brought but even if she could have brought. As it was stated: His wife ascends with him but does not descend with him; a widow and her children descend but do not ascend; workers ascend but do not descend. The daughter neither ascends nor descends. Rebbi Ḥiyya bar Jehudah said, because one cares for the slave girl. Rebbi Abun said, Because these labors are degrading, they are referred to as the slave girl’s. Rebbi Judah ben Rebbi Abun said, because usually a woman does not sit aimlessly in her house. Rav Huna said, even if she brought him 100 slave girls, he can force her to serve him with particular attention. What are services with particular attention? She rubs his body, washes his feet, and mixes him the cup. Why? Because she is obligated to do that, or because it is not appropriate to use a slave girl for these? If you say because it is not appropriate to use a slave girl for these, here she brought him slaves! It must be because she is obligated to do that. Rebbi Eudaimon in Sepphoris asked before Rebbi Mana: Is it not reasonable because she is obligated to do that? He said to him, that is what I am always thinking.

“If she brought”. Rebbi Samuel bar Rav Isaac said, not only if she brought but even if she could have brought. As it was stated: His wife ascends with him but does not descend with him; a widow and her children descend but do not ascend; workers ascend but do not descend. The daughter neither ascends nor descends. Rebbi Ḥiyya bar Jehudah said, because one cares for the slave girl. Rebbi Abun said, Because these labors are degrading, they are referred to as the slave girl’s. Rebbi Judah ben Rebbi Abun said, because usually a woman does not sit aimlessly in her house. Rav Huna said, even if she brought him 100 slave girls, he can force her to serve him with particular attention. What are services with particular attention? She rubs his body, washes his feet, and mixes him the cup. Why? Because she is obligated to do that, or because it is not appropriate to use a slave girl for these? If you say because it is not appropriate to use a slave girl for these, here she brought him slaves! It must be because she is obligated to do that. Rebbi Eudaimon in Sepphoris asked before Rebbi Mana: Is it not reasonable because she is obligated to do that? He said to him, that is what I am always thinking.

“Students can go to study Torah for thirty days without their wives’ permission.” Therefore, with permission even longer. Rebbi Samuel bar Naḥman in the name of Rebbi Joḥanan: “He sent them to the Libanon, ten thousand per month.” Rebbi Abin said, the Holy One, praise to Him, preferred being fruitful and multiplying over the Temple. What is the reason? “One month they would be in Libanon, two months each in his house.” Rav said, “the one entering and the one leaving, month for month for all months of the year.”

Here you say, one week. But there, you say, twice a week. Bar Qappara stated: “Journeymen can hire themselves out without their wives’ permission for one week.”

Following Rebbi Eliezer, how far can he deduct? Let us hear from the following: Rebbi Ḥiyya stated: One writes a bill of rebellion for the husband of a preliminarily married woman, or a sick one, a menstruating woman or one who is waiting for her levir. Where do we hold? If she rebelled against him when she was having her period, the Torah made her rebel against him! But we must hold that she rebelled against him before she had her period and now she has it. At that moment she would not be able to rebel but you say one writes, therefore one also deducts. From where does one deduct? From the additions to her ketubah. Let us hear from the following: “Rebbi Yose says, he continues to reduce, for maybe an inheritance will come to her from outside and he would be able to collect from it.” He mentioned only inheritance, which is infrequent. That means he deducts from the additions to he ketubah. Rebbi Ze‘ira in the name of Samuel: One writes a bill of rebellion for a preliminarily married woman, but one does not write a bill of rebellion for one who is waiting for her levir. But did not Rebbi Ḥiyya state that one writes a bill of rebellion on the ketubah of a menstruating woman or a sick one, a preliminarily married woman or one who is waiting for her levir? There, according to the first Mishnah, here according to the later Mishnah. Rebbi Yose bar Abun said, even if you say according to the later Mishnah, ”the later Court [instituted that] one warns her for four weeks, then she writes a receipt for her ketubah and leaves.”

HALAKHAH: “One gives her a silver obolus for her needs and she eats with him every Friday night,” etc. The matters are formulated in clean language. Simeon bar Abba in the name of Rebbi Joḥanan: Really eating. In the opinion of Rav, she eats at his expense; in the opinion of Rebbi Joḥanan she eats at her own expense.

She has no claim to wine since poor Jewish women do not drink wine. Do rich women drink? Did we not state: It happened that the Sages assigned to Martha bat Boethos two se‘ah of wine every day. How can the court assign wine? Rebbi Ḥiyya bar Ada said, because of “Whoring, wine, and cider will destroy the mind.” But did we not state: ”If she was nursing, one reduces the amount of her work and increases her food”? Rebbi Joshua ben Levi said wine, for it increases the milk. Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi Joḥanan: Also they assigned it for cooking. Nevertheless, she cursed them and said to them, so you should give to your daughters. Rebbi Aḥa said, and we answered her, Amen. Rebbi Eleazar ben Rebbi Ẓadoq said, I should not see consolation if I did not see her collecting barley grains between horses’ hooves at Acco. I quoted about her the verse: “The dainty one among you and the pampered, …” “If you have no experience, most beautiful of women, go following the flock …”. But did we not state: It happened that the Sages assigned to Miryam, the daughter of Simeon ben Gorion, a daily supply of perfume for 500 denar, when she was only waiting for her levir. Nevertheless, she cursed them and said to them, so you should give to your daughters. Rebbi Aḥa said, and we answered her, Amen. Rebbi Eleazar ben Rebbi Ẓadoq said, I should not see consolation if I did not see her bound with her hair to a horse’s tail at Acco. I quoted about her the verse: “The dainty one among you and the pampered, …”.

HALAKHAH: “What a woman finds or makes with her hands belongs to her husband,” etc. Rebbi Ḥizqiah in the name of Rebbi Immi: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree: One said, this is everybody’s opinion, the other said it is in dispute. We do not know who said what. It is reasonable that Rebbi Simeon ben Laqish should be the one who said it is in dispute since he explained that [the husband] provides her with food but does not give her a silver obolus as pocket money, and we did state: “If he does not give her a silver obolus as pocket money, what she makes with her hands is hers.” The work of her hands is parallel to what she finds. Rebbi Jacob bar Immi came in the name of Rebbi Simeon ben Laqish: It is everybody’s opinion. That means that Rebbi Simeon ben Laqish varies in his opinions.

Rebbi Redipha, Rebbi Aḥa, in the name of Rebbi Abun bar Cahana: Because he does not make her lose anything. In secret, why does he take? Because of the pain he suffers with her.

HALAKHAH: “If somebody decided on money for his son-in-law and the son-in-law died,” etc. Are these not the things that are acquired by speech? Bar Qappara stated: He promised the dowry on condition there be a marriage. And it is so: If somebody decided on money for his underage daughter, one forces him to give. But not for the adult one? Rebbi Abun said, one forces [the groom] to give a bill of divorce.

Simeon bar Abba in the name of Rebbi Joḥanan: If she brought him gold, at full value. This was also stated. Jewellery to be turned into denars, at the rate of one and one half. Denars to be turned into jewellery, at their full value. Rebbi Aḥa bar Pappos asked before Rebbi Immi: If she brought him an animal? He said to him, at full value. If she brought him real estate: He said to him, at full value. But does he not gain from it? But she collects the real estate, he has only the usufruct.

Simeon bar Abba in the name of Rebbi Joḥanan: If she brought him gold, at full value. This was also stated. Jewellery to be turned into denars, at the rate of one and one half. Denars to be turned into jewellery, at their full value. Rebbi Aḥa bar Pappos asked before Rebbi Immi: If she brought him an animal? He said to him, at full value. If she brought him real estate: He said to him, at full value. But does he not gain from it? But she collects the real estate, he has only the usufruct.

Rebbi Ze‘ira asked Rav Naḥman bar Jacob and Rav Ammi bar Pappai, who is the Tanna of “a tenth of the estate”? Rebbi Ze‘ura said to him in the name of Rav Jeremiah: A tenth of the estate following Rebbi. They asked before Rebbi: If there were ten daughters. Then if the first one took a tenth of the estate, the second took a tenth of the estate, the third, the fourth, the fifth, and so on up to the tenth, there is nothing left for the son! He said to them: The first one takes a tenth of the estate and leaves; the second takes a tenth of the remainder, the third from what then is left, the fourth of what then is left, up to the tenth from what then is left. It turns out that the daughters take two thirds less a little, and the son takes one third plus a little.

Rebbi Ze‘ira asked Rav Naḥman bar Jacob and Rav Ammi bar Pappai, who is the Tanna of “a tenth of the estate”? Rebbi Ze‘ura said to him in the name of Rav Jeremiah: A tenth of the estate following Rebbi. They asked before Rebbi: If there were ten daughters. Then if the first one took a tenth of the estate, the second took a tenth of the estate, the third, the fourth, the fifth, and so on up to the tenth, there is nothing left for the son! He said to them: The first one takes a tenth of the estate and leaves; the second takes a tenth of the remainder, the third from what then is left, the fourth of what then is left, up to the tenth from what then is left. It turns out that the daughters take two thirds less a little, and the son takes one third plus a little.

If there were two daughters and one son; the first one took a tenth of the estate, but the son died before the second could take her tenth. Rebbi Ḥanina was of the opinion that the second takes a tenth of the estate and the rest they divide equally among themselves. Rebbi Joḥanan told him that in this case there was nothing else to provide for her, but here she may sell from the remainder and provide for herself! Rebbi Tebi in the name of Rebbi Joshia: The reason of Rebbi Ḥanina: If she can collect from encumbered real estate, from what lies before her not so much more? Rebbi Joḥanan sticks to his opinion, since Rebbi Ze‘ira said that Rebbi Joḥanan does not collect. Who collects? Rebbi Ḥanina [and Rebbi Hila] collect. Rebbi Yasa was appointed custodian of orphans’ property. There were orphan [girls] who asked to be provided for. He brought the case before Rebbi Eleazar and Rebbi Simeon bar Yaqim. Rebbi Simeon bar Yaqim said, is it not better to provide for them from their father’s estate rather than from charity? Rebbi Eleazar said to him: If such a case came before our teachers, our teachers would not touch it; would we act? Rebbi Yose said, I shall give to them, and if some orphans get up and complain, I would give it to them. Even so, they saw and did not complain. Rebbi Ze‘ira asked before Rebbi Yose: How do you decide in practical cases? He said to him, following Rebbi Ḥanina. And so an actual case was decided following Rebbi Ḥanina. Rebbi Abun in the name of Rebbi Hila: One considers the estate as if it were dry.

If there were two daughters and one son; the first one took a tenth of the estate, but the son died before the second could take her tenth. Rebbi Ḥanina was of the opinion that the second takes a tenth of the estate and the rest they divide equally among themselves. Rebbi Joḥanan told him that in this case there was nothing else to provide for her, but here she may sell from the remainder and provide for herself! Rebbi Tebi in the name of Rebbi Joshia: The reason of Rebbi Ḥanina: If she can collect from encumbered real estate, from what lies before her not so much more? Rebbi Joḥanan sticks to his opinion, since Rebbi Ze‘ira said that Rebbi Joḥanan does not collect. Who collects? Rebbi Ḥanina [and Rebbi Hila] collect. Rebbi Yasa was appointed custodian of orphans’ property. There were orphan [girls] who asked to be provided for. He brought the case before Rebbi Eleazar and Rebbi Simeon bar Yaqim. Rebbi Simeon bar Yaqim said, is it not better to provide for them from their father’s estate rather than from charity? Rebbi Eleazar said to him: If such a case came before our teachers, our teachers would not touch it; would we act? Rebbi Yose said, I shall give to them, and if some orphans get up and complain, I would give it to them. Even so, they saw and did not complain. Rebbi Ze‘ira asked before Rebbi Yose: How do you decide in practical cases? He said to him, following Rebbi Ḥanina. And so an actual case was decided following Rebbi Ḥanina. Rebbi Abun in the name of Rebbi Hila: One considers the estate as if it were dry.

HALAKHAH: “If somebody causes a vow of his wife that she should not adorn herself,” etc. Rav Huna said, so is the Mishnah: “Among the poor if he did not give a time limit.” Ulla bar Ismael said, among the poor if he did not give a time limit; but if he gave a time limit even if it were for ten years it is permitted, for no fox dies if he gets dusty from his lair. Nathan bar Hoshaiah said in the name of Rebbi Joḥanan: Except holidays.

HALAKHAH: “If somebody causes a vow of his wife that she should not adorn herself,” etc. Rav Huna said, so is the Mishnah: “Among the poor if he did not give a time limit.” Ulla bar Ismael said, among the poor if he did not give a time limit; but if he gave a time limit even if it were for ten years it is permitted, for no fox dies if he gets dusty from his lair. Nathan bar Hoshaiah said in the name of Rebbi Joḥanan: Except holidays.

Rebbi Ḥanin stated in the name of Rebbi Samuel: Both for women about whom they said that they have ketubah as also those about whom they said they leave without ketubah, as the minor, the secondarily prohibited, and the she-ram, did they speak about a mina or 200 [zuz]? But even if the ketubah was a thousand denars, she loses, but she takes her existing rags. But the one who leaves because of a bad reputation loses everything. Can she take her paraphernalia? Rebbi Ze‘ira said, she takes. Rebbi Hila said, she does not take. Rebbi Hila, Rebbi Yasa, Rebbi Abba bar Cohen mention it in the name of Rebbi Ḥanina ben Gamliel: Both women about whom they said that they leave without ketubah, did they speak about the ketubah of a mina or 200 [zuz]? But even if the ketubah was a thousand denars, she loses. Rebbi Simon said, Rebbi Joḥanan: All the Mishnaiot are connected to this baraita. Rebbi Mana said before Rebbi Yasa: About which baraita? Of Rebbi Ḥanin from Samuel? He said to him, it is everybody’s opinion. And Rebbi Ḥiyya formulated so: “Women who infringe upon the law lose everything.

Rebbi Eleazar in the name of Rebbi Ḥanina: If they saw her putting on her underpants and the pedlar leaves her house, the thing is ugly, she should leave. There is slime on her bed, the thing is ugly, she should leave. There is slime on his bed, the thing is ugly, she should leave. His sandal is in front of her bed, the thing is ugly, she should leave. Her sandal is in front of his bed, the thing is ugly, she should leave. Both leave the same dark place, the thing is ugly, she should leave. They lift one another from the cistern, the thing is ugly, she should leave. Both of them clap on her thighs in the bathhouse, the thing is ugly, she should leave. Ḥanina bar Iqa in the name of Rebbi Jehudah, in all these cases, if she brings an explanation for her behavior she is believed. Rav Ada bar Aḥawa in the name of Rav: A case came before Rebbi and he said, what of it? They asked before him: Even if they saw him putting his mouth on her mouth? He said, this did happen, that they saw a man putting his mouth on her mouth. The case came befote Rebbi Yose, who said that she should leave without ketubah. Her relatives appealed the case and said, if she is deviant, she should leave without ketubah. If she is not deviant, she should take the entire ketubah. Rebbi Mana said to them, bring the ketubah that we may read it. They brought the ketubah and found written in it: If this X marries this Y as her husband and should no longer desire his company, she shall take half the ketubah sum. Rebbi Abun said, since she agreed that he should put his mouth on her mouth it is as if she hated him; she has only half the ketubah. She lies in his bosom or he lies in her bosom, she is deviant. If they embrace, she is deviant. If they kiss, she is deviant. If the door is locked, she is deviant. If it is blocked, that is a problem.

Rebbi Eleazar in the name of Rebbi Ḥanina: If they saw her putting on her underpants and the pedlar leaves her house, the thing is ugly, she should leave. There is slime on her bed, the thing is ugly, she should leave. There is slime on his bed, the thing is ugly, she should leave. His sandal is in front of her bed, the thing is ugly, she should leave. Her sandal is in front of his bed, the thing is ugly, she should leave. Both leave the same dark place, the thing is ugly, she should leave. They lift one another from the cistern, the thing is ugly, she should leave. Both of them clap on her thighs in the bathhouse, the thing is ugly, she should leave. Ḥanina bar Iqa in the name of Rebbi Jehudah, in all these cases, if she brings an explanation for her behavior she is believed. Rav Ada bar Aḥawa in the name of Rav: A case came before Rebbi and he said, what of it? They asked before him: Even if they saw him putting his mouth on her mouth? He said, this did happen, that they saw a man putting his mouth on her mouth. The case came befote Rebbi Yose, who said that she should leave without ketubah. Her relatives appealed the case and said, if she is deviant, she should leave without ketubah. If she is not deviant, she should take the entire ketubah. Rebbi Mana said to them, bring the ketubah that we may read it. They brought the ketubah and found written in it: If this X marries this Y as her husband and should no longer desire his company, she shall take half the ketubah sum. Rebbi Abun said, since she agreed that he should put his mouth on her mouth it is as if she hated him; she has only half the ketubah. She lies in his bosom or he lies in her bosom, she is deviant. If they embrace, she is deviant. If they kiss, she is deviant. If the door is locked, she is deviant. If it is blocked, that is a problem.

“And all defects which disqualify a priest disqualify a woman. They added to them for women mouth odor, sweat odor, and a hairless mole.” Rebbi Ammi bar Uqba in the name of Rebbi Yose ben Ḥanina: They taught this about the skin of the face. But did we not state: “When was this said? For hidden defects, but he has no claim about visible defects,” and this is of the visible defects! Explain it if she hid it under her headgear. It was stated: “A mole with hairs is a defect, whether it be large or small, whether it be on the body or on the face. Without a hair it is a defect on the face but not on the body. When has this been said? If it is small. But if it is large, it is a defect whether it be on the body or on the face. How big is large? Rabban Simeon ben Gamliel says, up to an Italic as.” Rebbi Eleazar bar Ḥanina said, for example such a Gordianic denar his measure is half an ubiquitous gold piece. Rebbi Radifa, Rebbi Jonah: Rebbi Jeremiah asked: A bald woman with a row of hair going from one ear to the other? They wanted to understand it from the following: “They added to them for women mouth odor, sweat odor, and a hairless mole.” They did not mention baldness. They wanted to conclude that it is not a defect. There came Rebbi Samuel the son of Rebbi Yose ben Rebbi Abun: Rebbi Nasa said, it is a defect. It is listed only if it is ugly for both sexes. But something which is beautiful in one sex but ugly in the other, like a bald pate, even though it is a defect it was not listed. You should know that this is so because a beard is beautiful for a man and a defect for a woman, and we did not state: In addition, for a woman a beard. There are breasts which are beautyiful for a woman and a defect for men, and we did not state: In addtion, for a man women’s breasts.

“And all defects which disqualify a priest disqualify a woman. They added to them for women mouth odor, sweat odor, and a hairless mole.” Rebbi Ammi bar Uqba in the name of Rebbi Yose ben Ḥanina: They taught this about the skin of the face. But did we not state: “When was this said? For hidden defects, but he has no claim about visible defects,” and this is of the visible defects! Explain it if she hid it under her headgear. It was stated: “A mole with hairs is a defect, whether it be large or small, whether it be on the body or on the face. Without a hair it is a defect on the face but not on the body. When has this been said? If it is small. But if it is large, it is a defect whether it be on the body or on the face. How big is large? Rabban Simeon ben Gamliel says, up to an Italic as.” Rebbi Eleazar bar Ḥanina said, for example such a Gordianic denar his measure is half an ubiquitous gold piece. Rebbi Radifa, Rebbi Jonah: Rebbi Jeremiah asked: A bald woman with a row of hair going from one ear to the other? They wanted to understand it from the following: “They added to them for women mouth odor, sweat odor, and a hairless mole.” They did not mention baldness. They wanted to conclude that it is not a defect. There came Rebbi Samuel the son of Rebbi Yose ben Rebbi Abun: Rebbi Nasa said, it is a defect. It is listed only if it is ugly for both sexes. But something which is beautiful in one sex but ugly in the other, like a bald pate, even though it is a defect it was not listed. You should know that this is so because a beard is beautiful for a man and a defect for a woman, and we did not state: In addition, for a woman a beard. There are breasts which are beautyiful for a woman and a defect for men, and we did not state: In addtion, for a man women’s breasts.

HALAKHAH: “If a man developed defects,” etc. Rav Jehudah in the name of Rav: So is the Mishnah, “if he had.” But if they developed newly, one forces him to divorce. Rebbi Abba bar Cahana in the name of Rebbi Joḥanan: Practice follows Rabban Simeon ben Gamliel. There came a case before Rebbi Jeremiah about a kopeaḥ, and he forced him. It turns out that following Rav if he did not become so, following Rabban Simeon ben Gamliel if he became so. Rebbi Ze‘ira said, Rabban Simeon ben Gamliel follows Rebbi Meïr. Which [statement of] Rebbi Meïr? The former or the later? If the former, until she made a condition. If the later, even if he made a condition it is nothing. But this Mishnah turns out following Rabban Simeon ben Gamliel; does “the following one forces to divorce” [follows] the rabbis? Let us hear from the following: “Rabban Simeon ben Gamliel says, if it was a major defect, e. g., blind in one eye, amputated of one of his hands, lame in one of his legs, immediately he shall divorce and pay the ketubah.” This Mishnah turns out following Rabban Simeon ben Gamliel; “the following one forces to divorce” [follows] the rabbis.

It was stated: “Rabban Simeon ben Gamliel said, I met an old man, smitten with boils, from Sepphoris. He told me, there are 24 kinds of boils; the worst one, and the one for which a woman is bad, is flowing boils. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: With the latter kind, the evil Pharao was smitten; that is what is written: “The Eternal smote Pharao and his house with great plagues,” etc. Rebbi Berekhia said: Because he dared to touch the matron’s body. There are 24 kinds of cedar, and from all of them the verse mentioned only seven. That is what is written: “I shall give in the desert cedar, acacia, myrtle, and oil wood; I put in the prairie beroš, tidhar, and teaššur together. Beroš is cypress; tidhar is idra;teasššur is the box-tree. They added to them ’allonim, ‘armonim, and ’almogim. ’Allonim are oaks, ‘armonim plane trees, ’almuggim aloës.

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

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

Rebbi Abbahu in the name of Rebbi Joḥanan: One does not say “his” but [ ]. In which respect? In case the heir took it, one removes it from his hand. Does one have the same rule for the creditor? Was it not stated: If either the heir or the creditor took it, one takes it from their hands? Rebbi Aḥa bar Ulla said, let us hear from the following: “If he dedicated 90 minas but his debt was 100 minas, [the creditor] adds another denar and redeems these properties.” Not necessarily a denar, but anything, that a dedication should not be seen to be profanated without redemption. Rebbi Abbahu in the name of Rebbi Joḥanan: One would be guilty of complete larceny. That is difficult. If one would be guilty of complete larceny, should if not be redeemed for its full value? If it can be redeemed for less than its full value, one should not be guilty of complete larceny! What are we talking about? If it is connected to the ground, can there be larceny about real estate? But we talk about standing grain. Since if the administrator misbehaved and took it, one does not take it from his hand; the administrator and the heir follow the same rule. Also if the heir misbehaved and took it, one does not take it from his hand. Rebbi Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan: The same rule holds for an ox. Can you say that an ox is real estate? Rebbi Tanḥum bar Mari in the name of Rebbi Yose: They made the rules for an ox parallel those of dedications that lost their value. Here, you say one takes it from his hand, but there you say, one does not take it from his hand. Since you diminished the woman’s power in that her ketubah is a lien only on the properties of her first husband, you strengthened her power in this matter that if the heir came and took it, one removes it from his hand. It was stated thus: Trees and cutting, old or young, one removes from their hands.

Rebbi Abbahu in the name of Rebbi Joḥanan: One does not say “his” but [ ]. In which respect? In case the heir took it, one removes it from his hand. Does one have the same rule for the creditor? Was it not stated: If either the heir or the creditor took it, one takes it from their hands? Rebbi Aḥa bar Ulla said, let us hear from the following: “If he dedicated 90 minas but his debt was 100 minas, [the creditor] adds another denar and redeems these properties.” Not necessarily a denar, but anything, that a dedication should not be seen to be profanated without redemption. Rebbi Abbahu in the name of Rebbi Joḥanan: One would be guilty of complete larceny. That is difficult. If one would be guilty of complete larceny, should if not be redeemed for its full value? If it can be redeemed for less than its full value, one should not be guilty of complete larceny! What are we talking about? If it is connected to the ground, can there be larceny about real estate? But we talk about standing grain. Since if the administrator misbehaved and took it, one does not take it from his hand; the administrator and the heir follow the same rule. Also if the heir misbehaved and took it, one does not take it from his hand. Rebbi Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan: The same rule holds for an ox. Can you say that an ox is real estate? Rebbi Tanḥum bar Mari in the name of Rebbi Yose: They made the rules for an ox parallel those of dedications that lost their value. Here, you say one takes it from his hand, but there you say, one does not take it from his hand. Since you diminished the woman’s power in that her ketubah is a lien only on the properties of her first husband, you strengthened her power in this matter that if the heir came and took it, one removes it from his hand. It was stated thus: Trees and cutting, old or young, one removes from their hands.

Simeon ben Sheṭaḥ decreed three things: That a person should use his wife’s ketubah in his business dealings. And that children have to go to school. Also, he decreed impurity for glass ware. But did not Rebbi Ze‘ira, Rebbi Abuna say in the name of Rav Jeremiah: Yose ben Yo‘ezer from Ṣereda and Yose ben Joḥanan from Jerusalem decreed impurity for Gentile lands and glass ware; Rebbi Yose said, Rebbi Jehudah bar Ṭabbai? Rebbi Jonah said, Jehudah bar Ṭabbai and Simeon ben Sheṭaḥ decreed on metal vessels; Hillel and Shammai decreed on the purity of hands. Rebbi Yose ben Rebbi Abun in the name of Levi: That was the current practice; they forgot it, but the later ones got up and agreed to the opinion of the earlier ones to teach you that everything the Court insists on will come to be in the end just as Moses was told on Sinai; as Rebbi Mana said (Deut. 32:47): “For it is not an empty word, from you,” if it is empty it is from you because you do not exert yourself about it. “Because it is your life,” when is it your life? At the time that you exert yourself!

Simeon ben Sheṭaḥ decreed three things: That a person should use his wife’s ketubah in his business dealings. And that children have to go to school. Also, he decreed impurity for glass ware. But did not Rebbi Ze‘ira, Rebbi Abuna say in the name of Rav Jeremiah: Yose ben Yo‘ezer from Ṣereda and Yose ben Joḥanan from Jerusalem decreed impurity for Gentile lands and glass ware; Rebbi Yose said, Rebbi Jehudah bar Ṭabbai? Rebbi Jonah said, Jehudah bar Ṭabbai and Simeon ben Sheṭaḥ decreed on metal vessels; Hillel and Shammai decreed on the purity of hands. Rebbi Yose ben Rebbi Abun in the name of Levi: That was the current practice; they forgot it, but the later ones got up and agreed to the opinion of the earlier ones to teach you that everything the Court insists on will come to be in the end just as Moses was told on Sinai; as Rebbi Mana said (Deut. 32:47): “For it is not an empty word, from you,” if it is empty it is from you because you do not exert yourself about it. “Because it is your life,” when is it your life? At the time that you exert yourself!

HALAKHAH: “If somebody writes to his wife: “I shall have nothing to do with your properties,” etc. Rebbi Joḥanan in the name of Rebbi Yannai: If he did not take her in. But if he took her in, nobody can lose his rights by these expressions. Rebbi Yose ben Rebbi Abun said, this is the word of Rebbi Ḥiyya: He who says that “my hands are removed from this field, my feet are removed from this field,” did not say anything. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: Does a Mishnah imply that nobody can lose his rights by these expressions? Did we not state there: “If somebody was married to two wives when he sold a field and the first one wrote for the buyer: I have no claims on you, the second one can take it away from the buyer’s hands,” this implies, not the first one. He said to him, that text itself implies that nobody can lose his rights by these expressions, but here the second wife cannot take anything away from the first, and why can the first one not take it away from the buyer’s hands? For she writes to him: For any complaint I shall have regarding this field, I shall have nothing against you.

Rebbi Jeremiah asked before Rebbi Ze‘ira: If he wrote to her: “I shall have nothing to do with your properties,” and she inherited properties afterwards, what is the rule? Can a person put a condition on something not in existence? Rebbi Abun bar Ḥiyya said before Rebbi Ze‘ira: From his rights you can infer his obligations. If he had not written to her, would it make any difference, would he not receive its yield? That means, from his rights you can infer his obligations. Rebbi Levi bar Ḥaita asked: If he wrote to her: “I shall have nothing to do with your properties which you shall inherit in the future,” what is the rule? Can a person put a condition on something not in existence?

Rebbi Jeremiah asked before Rebbi Ze‘ira: If he wrote to her: “I shall have nothing to do with your properties,” and she inherited properties afterwards, what is the rule? Can a person put a condition on something not in existence? Rebbi Abun bar Ḥiyya said before Rebbi Ze‘ira: From his rights you can infer his obligations. If he had not written to her, would it make any difference, would he not receive its yield? That means, from his rights you can infer his obligations. Rebbi Levi bar Ḥaita asked: If he wrote to her: “I shall have nothing to do with your properties which you shall inherit in the future,” what is the rule? Can a person put a condition on something not in existence?

Rebbi Hillel bar Pazi asked before Rebbi Yose: If he sold and then she died? He said to him, his sale is invalid; it is as if a son sold during his father’s lifetime and then the father died. If she sold and then he died? He said to him, her sale is valid; it is as if a father sold during his son’s lifetime and then the son died. Rebbi Ḥiyya bar Marius asked before Rebbi Jonah: What is the situation if she sold to her husband? He said, since Ḥizqiah said, practice follows Rebbi Judah, this implies that her sale is a sale. It was stated: “If somebody says, my property should be given to X, if X died to Y, [if Y died to Z]. If the first one died the properties should be given to the second, if the second died they should be given to the third. If the second one died during the first’s lifetime; since the second never acquired them, the third cannot acquire them.” He said to him, so did Rebbi Hoshaia, the father of the Mishnah, explain: After him to X, after him to Y; it is as if stated: if the third died during the second’s lifetime, since the second one did not acquire his heirs cannot acquire, one really could say: After him to X, after him to Y. It was stated: “Rebbi says, the first one may sell the real estate and buy movables. Rabban Simeon ben Gamliel says, he has only the usufruct.” Ḥizqiah said, practice follows Rebbi. Rebbi Mana said, since Ḥizqiah said, practice follows Rebbi, that implies that he cannot dispose of it by a death-bed will. So said Rebbi Mana before Rebbi Yose: Since this woman’s upkeep is her husband’s responsibility, is it not like a gift of sick persons? He said to him, her upkeep is what is necessary for her: food, oil, and salt. But she wants to sell and buy chickens. This means that if the first one wanted to sell and buy chickens, he may sell. Rebbi Jacob bar Aḥa said, her burial is equal to her upkeep. Since you said there, he may sell real estate and buy food, so he may sell real estate and buy a burial.

Rebbi Hillel bar Pazi asked before Rebbi Yose: If he sold and then she died? He said to him, his sale is invalid; it is as if a son sold during his father’s lifetime and then the father died. If she sold and then he died? He said to him, her sale is valid; it is as if a father sold during his son’s lifetime and then the son died. Rebbi Ḥiyya bar Marius asked before Rebbi Jonah: What is the situation if she sold to her husband? He said, since Ḥizqiah said, practice follows Rebbi Judah, this implies that her sale is a sale. It was stated: “If somebody says, my property should be given to X, if X died to Y, [if Y died to Z]. If the first one died the properties should be given to the second, if the second died they should be given to the third. If the second one died during the first’s lifetime; since the second never acquired them, the third cannot acquire them.” He said to him, so did Rebbi Hoshaia, the father of the Mishnah, explain: After him to X, after him to Y; it is as if stated: if the third died during the second’s lifetime, since the second one did not acquire his heirs cannot acquire, one really could say: After him to X, after him to Y. It was stated: “Rebbi says, the first one may sell the real estate and buy movables. Rabban Simeon ben Gamliel says, he has only the usufruct.” Ḥizqiah said, practice follows Rebbi. Rebbi Mana said, since Ḥizqiah said, practice follows Rebbi, that implies that he cannot dispose of it by a death-bed will. So said Rebbi Mana before Rebbi Yose: Since this woman’s upkeep is her husband’s responsibility, is it not like a gift of sick persons? He said to him, her upkeep is what is necessary for her: food, oil, and salt. But she wants to sell and buy chickens. This means that if the first one wanted to sell and buy chickens, he may sell. Rebbi Jacob bar Aḥa said, her burial is equal to her upkeep. Since you said there, he may sell real estate and buy food, so he may sell real estate and buy a burial.

Rebbi Hillel bar Pazi asked before Rebbi Yose: If he sold and then she died? He said to him, his sale is invalid; it is as if a son sold during his father’s lifetime and then the father died. If she sold and then he died? He said to him, her sale is valid; it is as if a father sold during his son’s lifetime and then the son died. Rebbi Ḥiyya bar Marius asked before Rebbi Jonah: What is the situation if she sold to her husband? He said, since Ḥizqiah said, practice follows Rebbi Judah, this implies that her sale is a sale. It was stated: “If somebody says, my property should be given to X, if X died to Y, [if Y died to Z]. If the first one died the properties should be given to the second, if the second died they should be given to the third. If the second one died during the first’s lifetime; since the second never acquired them, the third cannot acquire them.” He said to him, so did Rebbi Hoshaia, the father of the Mishnah, explain: After him to X, after him to Y; it is as if stated: if the third died during the second’s lifetime, since the second one did not acquire his heirs cannot acquire, one really could say: After him to X, after him to Y. It was stated: “Rebbi says, the first one may sell the real estate and buy movables. Rabban Simeon ben Gamliel says, he has only the usufruct.” Ḥizqiah said, practice follows Rebbi. Rebbi Mana said, since Ḥizqiah said, practice follows Rebbi, that implies that he cannot dispose of it by a death-bed will. So said Rebbi Mana before Rebbi Yose: Since this woman’s upkeep is her husband’s responsibility, is it not like a gift of sick persons? He said to him, her upkeep is what is necessary for her: food, oil, and salt. But she wants to sell and buy chickens. This means that if the first one wanted to sell and buy chickens, he may sell. Rebbi Jacob bar Aḥa said, her burial is equal to her upkeep. Since you said there, he may sell real estate and buy food, so he may sell real estate and buy a burial.

HALAKHAH: “If somebody died and left a wife,” etc. Rebbi Yose ben Ḥanina said, the weakest in his claim. For example, one lent before witnesses, the other lent on a mortgage document; it should be given to the one who lent before witnesses. Rebbi Joḥanan said, the weakest in his body. Think about it, if he is rich, like those of the family Andreas. Rebbi Aḥa said, the weakest in his body and poor. As the following: They gave to a relative of Rebbi Samuel bar Abba as the weakest. Rebbi Simeon ben Laqish brought slaves of Rebbi Jehuda the Prince and took it away from her. Rebbi Joḥanan was leaning on Rebbi Simeon bar Abba and said, what was done with that poor woman? He said to him, Rebbi Simeon ben Laqish brought slaves of Rebbi Jehuda the Prince and took it away from her. Was he justified in doing this? Rebbi Jeremiah asked before Rebbi Ze‘ira: Should we say that Rebbi Joḥanan follows his doctrine and Rebbi Simeon ben Laqish his own? Since they disagree: Everybody agrees that if they err in arguments, one does not reverse. In the words of the Torah, one reverses. Where do they disagree? If one errs in a Mishnah, for Rebbi Joḥanan says, an error in Mishnah is like an error in arguments, but Rebbi Simeon ben Laqish says, an error in Mishnah is like an error in words of the Torah. What is said of the Mishnah is also said of words of the Elders.

HALAKHAH: “If somebody died and left a wife,” etc. Rebbi Yose ben Ḥanina said, the weakest in his claim. For example, one lent before witnesses, the other lent on a mortgage document; it should be given to the one who lent before witnesses. Rebbi Joḥanan said, the weakest in his body. Think about it, if he is rich, like those of the family Andreas. Rebbi Aḥa said, the weakest in his body and poor. As the following: They gave to a relative of Rebbi Samuel bar Abba as the weakest. Rebbi Simeon ben Laqish brought slaves of Rebbi Jehuda the Prince and took it away from her. Rebbi Joḥanan was leaning on Rebbi Simeon bar Abba and said, what was done with that poor woman? He said to him, Rebbi Simeon ben Laqish brought slaves of Rebbi Jehuda the Prince and took it away from her. Was he justified in doing this? Rebbi Jeremiah asked before Rebbi Ze‘ira: Should we say that Rebbi Joḥanan follows his doctrine and Rebbi Simeon ben Laqish his own? Since they disagree: Everybody agrees that if they err in arguments, one does not reverse. In the words of the Torah, one reverses. Where do they disagree? If one errs in a Mishnah, for Rebbi Joḥanan says, an error in Mishnah is like an error in arguments, but Rebbi Simeon ben Laqish says, an error in Mishnah is like an error in words of the Torah. What is said of the Mishnah is also said of words of the Elders.

That widow took a slave girl. The case came before Rebbi Isaac who said, what she took, she took. Rebbi Immi took her away, for she thought that she was hers but she was not hers. A similar case: The father of the sons of Shammai died and bequeathed a goat to them. The creditor came and took it. The case came before Rebbi Abbahu who said, he took his own property. Did we not state that if either an heir or a creditor came and took, one does [not] remove from his hand; for they thought they were theirs but they were not theirs. Rebbi Jacob bar Zabdi said, Rebbi Abbahu agrees that if they sold it, or gave it as a pledge, or moved it to another place, if then the creditor came and took it one removes it from his possession.

There, we have stated: “If somebody leases a cow from another person and lends it to a third party; if it died naturally, the lessee has to swear that it died naturally and the borrower has to pay to the lessee.” Rebbi Hila in the name of Rebbi Yannai: Only if he gave permission to lend to others. Also Rebbi Ḥiyya stated thus: “The borrower cannot lend, nor the lessee lease, nor the borrower lease, nor the lessee lend, nor the trustee give to another unless they received permission from the owners. And all who changed the titles without the owners’ knowledge are liable. But the borrower is liable even if he did not change.” But it is because we stated: “An unpaid watchman can stipulate to be exempt from an oath and the borrower may stipulate that he not have to pay.” This means that even if he stipulated to be exempt that he is obligated. What if he wanted to let the borrower swear? Let us hear from the following: “If he wrote to her: ‘I have no vow or oath against you,’ he cannot make her swear, but he can ask an oath from the heirs or her business associates.” This implies that if he wanted to make the borrower swear, he can force him to swear. The first case teaches about the second and the second about the first. The first case teaches about the second, that if he wanted to make the borrower swear, he can force him to swear. The second case teaches about the first, that if he wants to force the wife to swear, that he can make her swear. Rebbi Ḥanina said, it is not necessary to derive the first case from the second, and what does one learn for the second case from the first? Following what Rebbi Hila said in the name of Rebbi Yannai: Only if he gave permission to lend to others. And here, only if he gave permission to let her sons be stewards. Rebbi Yose said, he has to pay the lease all the time it is leased to him. Rebbi Ze‘ira asked Rebbi Abuna: If the owners borrowed it and it died? He said to him, in that case we say, they ate it. Rebbi Yose bar Abun said, if they ate it, they ate their own property. Rebbi Ze‘ira asked before Rebbi Yasa: How does one act? He said to him, there are two against four; one does not act following the argument. He said to him, they are two against two! Rebbi Eleazar is the elder Rebbi Ḥiyya’s student; Rebbi Joḥanan is Rebbi Yannai’s student.

HALAKHAH: ““I have no vow or oath against you,” etc. Rebbi Jonah said, only if she was made a steward during her husband’s lifetime. But if she was appointed as a steward after her husband’s death, the heirs can(not) make her swear. That is the Mishnah: if she was not appointed a steward, the heirs cannot make her swear. If she was appointed a steward, the heirs can make her swear for the future, but they cannot make her swear about the past. What is “about the past”? From the time of death to the time of burial. And Rebbi Yose said, even if he appointed her as steward after her husband’s death, the heirs can make her swear. But did we not state: “If he did not appoint her as steward, the heirs cannot make her swear. If he appointed her as steward, the heirs can make her swear for the future but cannot make her swear for the past.” He explains it about the first case. But if it is about the first case, Rebbi Jonah and Rebbi Yose both say, not only about property over which she had control during her husband’s lifetime but even about property over which she acquired control after her husband’s death the heirs cannot make her swear. Explain it, from the time of death to the time of burial. For Rebbi Abbahu said in the name of Rebbi Joḥanan: The heirs cannot make her swear from the time of death to the time of burial. Bar Qappara stated: That she should not abandon him and leave for her family.

HALAKHAH: “From encumbered property, how is that?” Rebbi Ḥiyya in the name of Rebbi Joḥanan: If somebody disputes a court document, he is not trustworthy. Rebbi Ḥiyya bar Abba said to him: Is that not the Mishnah? “If she produced her bill of divorce without a ketubah, she collects her ketubah”! Rebbi Joḥanan said to him: Babylonian, after I removed the clay from the pearl, you say to me: Is that not the Mishnah? Rav said, at a place where one does not write a ketubah. But at a place where one writes a ketubah, what she produces she collects. He changed his mind and said, she collects even at a place where one writes a ketubah; let anyone powerful object to this! Rebbi Yose objected: Was it not stated: She might collect on her divorce document, hide her ketubah, and collect a second time? If those died. Are there not witnesses? Bring them! They went overseas. Is there not an agreement? Is there no registrar of agreements? There is a registrar of agreements; as you say, if a document is lost, one writes a replacement. This is what one says, if the ketubah was lost, one writes a new one. Rebbi Abba objected: Was it not stated, she might collect on her divorce document, hide her ketubah, wait until he dies, and collect a second time? Rebbi Yose bar Abun said to him: Would she not have to prove that she lived with him until he died?

HALAKHAH: “From encumbered property, how is that?” Rebbi Ḥiyya in the name of Rebbi Joḥanan: If somebody disputes a court document, he is not trustworthy. Rebbi Ḥiyya bar Abba said to him: Is that not the Mishnah? “If she produced her bill of divorce without a ketubah, she collects her ketubah”! Rebbi Joḥanan said to him: Babylonian, after I removed the clay from the pearl, you say to me: Is that not the Mishnah? Rav said, at a place where one does not write a ketubah. But at a place where one writes a ketubah, what she produces she collects. He changed his mind and said, she collects even at a place where one writes a ketubah; let anyone powerful object to this! Rebbi Yose objected: Was it not stated: She might collect on her divorce document, hide her ketubah, and collect a second time? If those died. Are there not witnesses? Bring them! They went overseas. Is there not an agreement? Is there no registrar of agreements? There is a registrar of agreements; as you say, if a document is lost, one writes a replacement. This is what one says, if the ketubah was lost, one writes a new one. Rebbi Abba objected: Was it not stated, she might collect on her divorce document, hide her ketubah, wait until he dies, and collect a second time? Rebbi Yose bar Abun said to him: Would she not have to prove that she lived with him until he died?

Rebbi Ḥiyya bar Abba found Rebbi Jonathan’s prozbol and ran to give it to him. He said to him, I do not need it, as it was stated: The creditor can be believed if he says, I discarded this document and tore it up. Rebbi Jeremiah in the name of Rebbi Ḥiyya: The Mishnah says so: “Since the times of the persecution, a woman collects without the bill of divorce and the creditor collects without prozbol.” Is that not impossible? I tore it without discarding? Here, I discarded and tore it.

Rebbi Judah bar Pazi in the name of Rebbi Yose ben Ḥanina: If one of the brothers died, they all split evenly. Rebbi Mana said, that is necessary if they did not yet divide the estate. You should not say that he should be considered nonexistent and his house should inherit from him. If there was a (male) firstborn, you say the firstborn takes a double portion. What does he take? A double portion among his house or among all brothers? Rebbi Hoshaia stated: If there were two groups of daughters, they all split evenly. If there was a firstborn, you say the firstborn takes a double portion. What does he take? A double portion among his house or among all ketubot?

HALAKHAH: “If the estate contained expected property,” etc. Rebbi Mana said, they disagree about the basic claim of the two ketubot. Rebbi Simeon says, real estate, but the rabbis say, movables. But for the excess denar everybody agrees that it is movable. Rebbi Yose ben Rebbi Abun said, everybody agrees about the basic claim of the two ketubot that it must be real estate. Where do they disagree? About the excess denar, where Rebbi Simeon says, real estate, but the rabbis say, movables. Rebbi Abba bar Zavda in the name of Rav: But in Syria they routinely collect from bronze and bedspreads. Rebbi Abbahu in the name of Rebbi Joḥanan: Only from bedspreads of that night. Rav Samuel bar Naḥman in the name of Rebbi Joḥanan: The people in Arabia routinely collect from camels and spices. Similarly, only from spices of that night? Rebbi Ḥuna’s widow collected from movables following her place’s custom.

HALAKHAH: “If the estate contained expected property,” etc. Rebbi Mana said, they disagree about the basic claim of the two ketubot. Rebbi Simeon says, real estate, but the rabbis say, movables. But for the excess denar everybody agrees that it is movable. Rebbi Yose ben Rebbi Abun said, everybody agrees about the basic claim of the two ketubot that it must be real estate. Where do they disagree? About the excess denar, where Rebbi Simeon says, real estate, but the rabbis say, movables. Rebbi Abba bar Zavda in the name of Rav: But in Syria they routinely collect from bronze and bedspreads. Rebbi Abbahu in the name of Rebbi Joḥanan: Only from bedspreads of that night. Rav Samuel bar Naḥman in the name of Rebbi Joḥanan: The people in Arabia routinely collect from camels and spices. Similarly, only from spices of that night? Rebbi Ḥuna’s widow collected from movables following her place’s custom.

“Similarly, if three who invested together lost or gained they would split in this manner.” Rebbi Eleazar said: You say that in case the tetradrachma lost or added value. But for earnings or losses they split evenly. That is difficult! One gave 100 denars and the other gave ten, and you say so? The colleagues say, he may say to him, by my contribution the merchandise rose. So far, if they ran after little merchandise. If there was much merchandise? Rebbi Abun bar Ḥiyya said, he may say to him, by the time you sold one piece, I am selling ten. That is, at a nearby place. If it was far away? Rebbi Hila said, he may say to him, by the time you go and return once, I am going and returning ten times. There, we have stated: “If [the ox] gored an ox worth 200, the last one takes 100, the one before him 50, and the two first ones a gold denar.” Rebbi Samuel in the name of Rebbi [Ze‘ira]: The same holds for earnings. Rebbi Yose said, the statement of Rebbi Ze‘ira disagrees with Rebbi Eleazar. Rebbi Mana said before Rebbi Yudan: Does Rebbi Eleazar not agree if they contracted between themselves that each can take according to his contribution? Oxen are as if contracted. He turned around and said, they disagree explicitly: Rebbi Eleazar said, if nothing was said, they split evenly; Rebbi Ze‘ira said, if nothing was said, each takes according to his contribution.

As the following. Relatives of Rebbi Yose bought fields from the family of Bar Tapqan. Those from the family of Bar Tapqan went and married women, and gave them šeqi‘in. They came and wanted to attack the relatives of Rebbi Yose. Rebbi Mana said to them: I know that at the moment at which you bought these fields, these šeqi‘in were not before you.

As the following. Relatives of Rebbi Yose bought fields from the family of Bar Tapqan. Those from the family of Bar Tapqan went and married women, and gave them šeqi‘in. They came and wanted to attack the relatives of Rebbi Yose. Rebbi Mana said to them: I know that at the moment at which you bought these fields, these šeqi‘in were not before you.

Rav Jehudah in the name of Rav: If she requested her ketubah in court, she lost her claim to sustenance. Rebbi Yose said, but only from a clear mind; not if forced. As in the case of the widow of Rebbi Eudaimon from Mozva to whom they said, Rebbi Abba bar Cohen wants you. She requested her ketubah and lost her sustenance. After the matter became known, it was brought before Rebbi Yose and she returned to her sustenance.

Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, Rebbi Hila in the name of Rebbi Eleazar: Just as a man is concerned about his widow’s honor so he has to be concerned about his divorcee’s honor, as Rebbi Jacob bar Aḥa said in the name of Rebbi Eleazar, “do not hide yourself from your flesh”, that refers to one’s divorcee. Rebbi Yose the Galilean’s wife did mistreat him badly. Rebbi Eleazar ben Azariah went to him and told him, rabbi, send her away, for she does not treat you with the honor due to you. He said to him, her ketubah is too large for me. He said to him, I shall give you the ketubah and send her away. He gave him the ketubah and he divorced her. She went and married the city treasurer. That one lost his property and became blind. She took him around the town and led him. Once they went around the entire town and nobody gave him anything. He said to her, is there not another neighborhood? She said to him, there is the neighborhood of my divorcer; it is beyond my powers to bring you there. He started hitting her. Rebbi Yose the Galilean passed by and heard them demeaning one another in public. He took them, brought them to one of his houses, and provided them with food all the days of their lives, because “do not hide yourself from your flesh”, that refers to one’s divorcee. Nevertheless they quarelled loudly in the night and her voice was heard saying, the pain she suffered outside her body was easier to bear than that inside her body.

Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, Rebbi Hila in the name of Rebbi Eleazar: Just as a man is concerned about his widow’s honor so he has to be concerned about his divorcee’s honor, as Rebbi Jacob bar Aḥa said in the name of Rebbi Eleazar, “do not hide yourself from your flesh”, that refers to one’s divorcee. Rebbi Yose the Galilean’s wife did mistreat him badly. Rebbi Eleazar ben Azariah went to him and told him, rabbi, send her away, for she does not treat you with the honor due to you. He said to him, her ketubah is too large for me. He said to him, I shall give you the ketubah and send her away. He gave him the ketubah and he divorced her. She went and married the city treasurer. That one lost his property and became blind. She took him around the town and led him. Once they went around the entire town and nobody gave him anything. He said to her, is there not another neighborhood? She said to him, there is the neighborhood of my divorcer; it is beyond my powers to bring you there. He started hitting her. Rebbi Yose the Galilean passed by and heard them demeaning one another in public. He took them, brought them to one of his houses, and provided them with food all the days of their lives, because “do not hide yourself from your flesh”, that refers to one’s divorcee. Nevertheless they quarelled loudly in the night and her voice was heard saying, the pain she suffered outside her body was easier to bear than that inside her body.

HALAKHAH: “Rabban Simeon ben Gamliel says, her sale is valid,” etc. That is, if she sold them in four contracts. If she sold them in one contract, there is disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish, as they disagreed: If somebody wrote all his property over to two persons in one document and the testimony of the witnesses was valid for one but invalid for the other. Rebbi Hila in the name of Rebbi Yasa: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed; one said, since it is invalid for one it is invalid for the other, but the other said, it is valid for one and invalid for the other. Rebbi Mana did not specify; Rebbi Abin specified: Rebbi Joḥanan said, since it is invalid for one it is invalid for the other; but Rebbi Simeon ben Laqish said, it is valid for one and invalid for the other. Rebbi Elazar said, a Mishnah supports Rebbi Joḥanan: “Since testimony of two [witnesses] is invalid if one of them turns out to be related or disqualified, so also of three [witnesses] it is invalid if one of them turns out to be related or disqualified. From where even 100? The verse says, ‘witnesses’”. Rebbi Jacob bar Aḥa said, Rebbi Ḥananiah the colleague of the rabbis and the rabbis disagree. One says, the argument of Rebbi Eleazar is correct, but the other says, the argument of Rebbi Eleazar is not correct. For him who says, the argument of Rebbi Eleazar is correct, it is as if there was one testimony about one person. For him who says, the argument of Rebbi Eleazar is not correct, it is as if two groups of witnesses came, valid for one and disqualified for the other.

“And one announces mornings and evenings,” at the time when [agricultural] workers go out or come back, and he mentions the field and its description. Rebbi Yose said, if they do not get their estimated price, they can conclude the sale. Is that the Mishnah, “if the judges estimated one sixth too little or too much, their sale is invalid”? Becausethey sold too low or too high, but if they found their estimate they close the deal. Rebbi Ḥananiah said before Rebbi Mana: What can you say, we deal with the case that they did not announce in public! From what is said afterwards: “Except if they offered public tender.” What is public tender? Rebbi Jehudah bar Pazi said, announcement.

Ulla bar Ismael said, slaves lest they flee, securities and movables lest they be stolen. Rebbi Abba bar Cohen asked before Rebbi Yose: Does this not imply that a slave is redeemed in front of three people? He answered him, yes. He said to him, but did we not state: “Real estate nine persons and a Cohen, and a human by the same rule”? He answered him, the human here is a free person.

Ulla bar Ismael said, slaves lest they flee, securities and movables lest they be stolen. Rebbi Abba bar Cohen asked before Rebbi Yose: Does this not imply that a slave is redeemed in front of three people? He answered him, yes. He said to him, but did we not state: “Real estate nine persons and a Cohen, and a human by the same rule”? He answered him, the human here is a free person.

Ḥananiah bar Šelemiah in the name of Rav: A case came before Rebbi, who wanted to act following the rabbis. Rebbi Eleazar ben Proteus, the grandson of Rebbi Eleazar ben Proteus, said to him: Did you not teach us in your old man’s name, “except if they offered public tender”? He accepted it; Rebbi changed his mind and acted following Rabban Simeon ben Gamliel.