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“This is your bill of divorce on condition that you give it to me,” is invalid. “On condition that you return it to me,” is valid. Is that not the prior case? Rebbi Yose said, after you went to court. Rebbi Yose ben Rebbi Abun said, “after you have acquired all the rights for which it was made, return it to me.” Similar to that: Etrogim were scarce over there. Rav Naḥman bar Jacob gave an etrog to his son and said to him, if you have acquired it and fulfilled its obligation, return it to me.

“On a leaf of the olive tree.” Is that not like torn? Rebbi Ze‘ira said, Bina bar Shila stated: Even if he only wrote: “I X am divorcing my wife,” it is valid. This follows what Rebbi Ila said, if he detailed it is invalid, if he did not detail it is valid.

HALAKHAH: “One does not write on anything connected to the ground,” etc. This does not disagree with Rebbi Joḥanan, since Rebbi Joḥanan said, writing the essential text with the formula is valid. Rebbi Simeon ben Laqish said, writing the essential text with the formula is invalid. Samuel bar Abba asked: If he wrote and signed it when detached, then he connected it again, detached it, and delivered it to her; what does Rebbi Jehudah say? Rebbi Eleazar said, Rebbi Abin asked: If he wrote and signed it when detached, then he connected again, signed, and detached it, and delivered it to her; what do the rabbis say?

HALAKHAH: “If the minor received it and became an adult,” etc. There came a case before Rebbi Immi that a slave brought a bill of divorce; [he declared it] valid. Rebbi Abba said to him, did not Rebbi Ḥiyya state that if a slave brought a bill of divorce, it would be invalid? Rebbi Assi said, if not for Rebbi Abba, we would have permitted a married woman! Even if you say that Rebbi Assi did not accept what Rebbi Ḥiyya stated, did he not accept what the rabbis said? Let us hear from the following which Rebbi Ze‘ira, Rebbi Ḥiyya said in the name of Rebbi Joḥanan: It is reasonable that a slave could accept a bill of manumission [for delivery] but he should not accept [a bill of divorce] as we do. They thought, he formulated “he should not accept,” therefore, if he transgressed and accepted, it would be valid. Rebbi Jacob bar Aḥa in the name of Rav Hoshaiah: It happened that she was a Cohen’s wife and they were not afraid of a hint of invalidity.

Rav said, none of these are invalid except for the last which is invalid. Issi said, all are invalid except for the first which is not invalid. Rebbi Abba bar Ḥinena said, all are invalid. The word of Rebbi Simeon ben Laqish implied that all are invalid since Rebbi Simeon ben Laqish said, if he wrote the essential text with the formula, it is invalid. The word of Rebbi Joḥanan implied that none are invalid since Rebbi Joḥanan said, if he wrote the essential text with the formula, it is valid. Does the word of Rebbi Eleazar imply that none are invalid? Since Rebbi Eleazar asked: if one wrote a bill of preliminary marriage not for a specific name, does preliminary marriage take hold? If he had a problem with divorce, would he ask about preliminary marriage? Since in the case of divorce, where the document is required to be for a specific name and he did not write for a specific name, divorce will not touch her, is it not logical that in the case of preliminary marriage, where a specific name is not required and he did not write for a specific name, preliminary marriage take hold with her? That should be obvious to him. Really, the following is obvious to him: Since one inferred the bill of preliminary marriage only from divorce, and in the case of divorce she is not divorced, in the case of preliminary marriage she is not preliminarily married.

Rebbi Eleazar bar Yose asked before Rebbi Yose: Concerning what you say that one bill of divorce is invalid for two women, should not two bills of divorce be invalid for two women? He asked him, what is the question? He answered, did we not state: “If two people sent two [identical] bills of divorce which were intermingled, he gives both documents to both women.” There, it is a divorce for this one and a divorce for the other one; the mix-up caused [the problem]. But here, neither this one is divorced in her name nor is that one divorced in her name.

After it was delivered to her, could it not be considered as if written in her name from the start? Rebbi Yose in the name of Rebbi [Abin bar Ḥiyya]: It follows Rebbi Simeon, as it was stated: “If one said to a craftsman, make me two bells, one for the ground and one for an animal, make me two mats, one to sit on and one for a tent, make me two sheets, one to lie on and one for [a pattern], only if he designated them in purity. Rebbi Simeon declares them pure unless he designated them for impurity.” As he said there, only if it was a utensil from the start, so he says, unless it was a divorce in her name from the start.

Rebbi Ḥanania in the name of Rebbi Abin bar Ḥiyya, [this is Rebbi’s opinion.] Rebbi Joḥanan said, and it was stated so: “All conditions invalidate a bill of divorce, the words of Rebbi. But the Sages say, what invalidates orally invalidates in writing, and what does not invalidate orally does not invalidate in writing.” “You are permitted to marry anybody except Mr. X,” because this invalidates orally it invalidates in writing. “This is your bill of divorce on condition that you give me 200 zuz”; because this does not invalidate orally it does not invalidate in writing. Rebbi Yudan said, when do they disagree? If he rescinded his condition. But if he did nor rescind his condition, even Rebbi agrees. Otherwise, we would have to say that all conditions which were stated for bills of divorce do not follow Rebbi. Rebbi Ḥinena said, there when he writes “on condition,” here if he gives “on condition.” Rebbi Ezra asked before Rebbi Mana: Does this imply that Rebbi does not recognize formulaic texts? He answered him, about whom do you ask? About Rebbi! He follows Rebbi Jehudah, for Rebbi Jehudah invalidates formulaic texts. Rebbi Simeon ben Laqish said, everybody agrees that all conditions invalidate a bill of divorce. There came a case before Rebbi Jeremiah and he acted following Rebbi Simeon ben Laqish. Rebbi Yose said to him, does one neglect Rebbi Joḥanan and act following Rebbi Simeon ben Laqish? He answered him, is Rebbi Joḥanan’s instruction an instruction but Rebbi Simeon ben Laqish’s instruction not an instruction? Rebbi Jacob bar Aḥa said, it is not that Rebbi Simeon ben Laqish disagrees with Rebbi Joḥanan, but he understood a baraita and acted accordingly. Rebbi Yose ben Rebbi Abun said, not that Rebbi Simeon ben Laqish fights against Rebbi Joḥanan when he disagrees with him only to extract a ruling from him. If he finds a baraita, he depends on it; if he does not find a baraita, he retracts his opinion before Rebbi Joḥanan’s opinion.

Rebbi Ḥanania in the name of Rebbi Abin bar Ḥiyya, [this is Rebbi’s opinion.] Rebbi Joḥanan said, and it was stated so: “All conditions invalidate a bill of divorce, the words of Rebbi. But the Sages say, what invalidates orally invalidates in writing, and what does not invalidate orally does not invalidate in writing.” “You are permitted to marry anybody except Mr. X,” because this invalidates orally it invalidates in writing. “This is your bill of divorce on condition that you give me 200 zuz”; because this does not invalidate orally it does not invalidate in writing. Rebbi Yudan said, when do they disagree? If he rescinded his condition. But if he did nor rescind his condition, even Rebbi agrees. Otherwise, we would have to say that all conditions which were stated for bills of divorce do not follow Rebbi. Rebbi Ḥinena said, there when he writes “on condition,” here if he gives “on condition.” Rebbi Ezra asked before Rebbi Mana: Does this imply that Rebbi does not recognize formulaic texts? He answered him, about whom do you ask? About Rebbi! He follows Rebbi Jehudah, for Rebbi Jehudah invalidates formulaic texts. Rebbi Simeon ben Laqish said, everybody agrees that all conditions invalidate a bill of divorce. There came a case before Rebbi Jeremiah and he acted following Rebbi Simeon ben Laqish. Rebbi Yose said to him, does one neglect Rebbi Joḥanan and act following Rebbi Simeon ben Laqish? He answered him, is Rebbi Joḥanan’s instruction an instruction but Rebbi Simeon ben Laqish’s instruction not an instruction? Rebbi Jacob bar Aḥa said, it is not that Rebbi Simeon ben Laqish disagrees with Rebbi Joḥanan, but he understood a baraita and acted accordingly. Rebbi Yose ben Rebbi Abun said, not that Rebbi Simeon ben Laqish fights against Rebbi Joḥanan when he disagrees with him only to extract a ruling from him. If he finds a baraita, he depends on it; if he does not find a baraita, he retracts his opinion before Rebbi Joḥanan’s opinion.

HALAKHAH: “If somebody writes formulaic texts of bills of divorce,” etc. Rebbi Joḥanan said, writing the essential text with the formula is valid. Rebbi Simeon ben Laqish said, writing the essential text with the formula is invalid. The Mishnah disagrees with Rebbi Joḥanan: “If somebody writes formulaic texts of bills of divorce he has to leave space for the man, the woman, and the time.” He explains it, with the essential text. It is difficult for Rebbi Joḥanan: Do the Sages declare valid in case he wrote the essential text with the formulaic text? Rebbi Jeremiah in the name of Rebbi Ze‘ira: From its invalidity you learn its validity. If he wrote everything in her name but the husband’s and the wife’s names not in her name, would that be valid? Similarly, if he wrote everything not in her name but the husband’s and the wife’s names in her name, it is valid. Rebbi Yose asked Rebbi Jeremiah: Think of it, if it was paired? He said, so said his teacher Rebbi Ze‘ira to him: Since pairing is infrequent, even if there was pairing it is as if there was no pairing. Then it is difficult for Rebbi Simeon ben Laqish: Even if he did not write the essential text in the formula, Rebbi Jehudah declares invalid! Rebbi Yose ben Rebbi Ze‘ira: Rebbi Jehudah refers to something else; it follows what Simeon bar Abba said in the name of Rebbi Joḥanan: An empty space of two lines about one subject is invalid in any case.

What is “the good order”? Rebbi Sabbatai in the name of Ḥizqiah: Because of the good order of Jewish women, lest they frequently be divorced. Rebbi Samuel ben Rav Isaac asked Rebbi Ḥiyya bar Abba: It is valid, and you say so? If it were invalid, then [the explanation] would be acceptable. Rebbi Abun said, for the good order of the scribe, that his livelihood be guaranteed.

HALAKHAH: “If somebody transports a bill of divorce and loses it,” etc. What means “on the spot”? Rebbi Joḥanan said, as long as nobody passed by there. Rebbi Jacob bar Idi, Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: as long as three people did not pass by there. If a Gentile passed by there? Let us hear from the following: Abba bar bar Ḥana transported a bill of divorce; he lost it and a Saracen found it. The case came before Rebbi Joḥanan; they declared [the bill] valid. This means that if a Gentile passed by it is valid. Could we say that he had a mark to identify it? But was it not stated: There are no marks for bills of divorce. That is, if he said, two or three lines. But here, the ה in it had a spot. Rebbi Ezra asked before Rebbi Mana: Why is it invalid here? I say, it was another [husband] whose name was like his name. Think of it, if they checked out that entire place and did not find another man whose name was like his name! But it is because of the severity of adultery. But did we not state: “They went and found nobody but let his wife remarry; they went there, did not recognize him, and let his wife remarry”? Rebbi Mana told him: This man had two bills of divorce in his hand, one valid, the other invalid. He lost the valid one and threw away the invalid. When he found it, I say that what he found was the invalid bill.

HALAKHAH: “If somebody transports a bill of divorce and loses it,” etc. What means “on the spot”? Rebbi Joḥanan said, as long as nobody passed by there. Rebbi Jacob bar Idi, Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: as long as three people did not pass by there. If a Gentile passed by there? Let us hear from the following: Abba bar bar Ḥana transported a bill of divorce; he lost it and a Saracen found it. The case came before Rebbi Joḥanan; they declared [the bill] valid. This means that if a Gentile passed by it is valid. Could we say that he had a mark to identify it? But was it not stated: There are no marks for bills of divorce. That is, if he said, two or three lines. But here, the ה in it had a spot. Rebbi Ezra asked before Rebbi Mana: Why is it invalid here? I say, it was another [husband] whose name was like his name. Think of it, if they checked out that entire place and did not find another man whose name was like his name! But it is because of the severity of adultery. But did we not state: “They went and found nobody but let his wife remarry; they went there, did not recognize him, and let his wife remarry”? Rebbi Mana told him: This man had two bills of divorce in his hand, one valid, the other invalid. He lost the valid one and threw away the invalid. When he found it, I say that what he found was the invalid bill.

HALAKHAH: “If somebody transports a bill of divorce and loses it,” etc. What means “on the spot”? Rebbi Joḥanan said, as long as nobody passed by there. Rebbi Jacob bar Idi, Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: as long as three people did not pass by there. If a Gentile passed by there? Let us hear from the following: Abba bar bar Ḥana transported a bill of divorce; he lost it and a Saracen found it. The case came before Rebbi Joḥanan; they declared [the bill] valid. This means that if a Gentile passed by it is valid. Could we say that he had a mark to identify it? But was it not stated: There are no marks for bills of divorce. That is, if he said, two or three lines. But here, the ה in it had a spot. Rebbi Ezra asked before Rebbi Mana: Why is it invalid here? I say, it was another [husband] whose name was like his name. Think of it, if they checked out that entire place and did not find another man whose name was like his name! But it is because of the severity of adultery. But did we not state: “They went and found nobody but let his wife remarry; they went there, did not recognize him, and let his wife remarry”? Rebbi Mana told him: This man had two bills of divorce in his hand, one valid, the other invalid. He lost the valid one and threw away the invalid. When he found it, I say that what he found was the invalid bill.

HALAKHAH: “If somebody transports a bill of divorce and loses it,” etc. What means “on the spot”? Rebbi Joḥanan said, as long as nobody passed by there. Rebbi Jacob bar Idi, Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: as long as three people did not pass by there. If a Gentile passed by there? Let us hear from the following: Abba bar bar Ḥana transported a bill of divorce; he lost it and a Saracen found it. The case came before Rebbi Joḥanan; they declared [the bill] valid. This means that if a Gentile passed by it is valid. Could we say that he had a mark to identify it? But was it not stated: There are no marks for bills of divorce. That is, if he said, two or three lines. But here, the ה in it had a spot. Rebbi Ezra asked before Rebbi Mana: Why is it invalid here? I say, it was another [husband] whose name was like his name. Think of it, if they checked out that entire place and did not find another man whose name was like his name! But it is because of the severity of adultery. But did we not state: “They went and found nobody but let his wife remarry; they went there, did not recognize him, and let his wife remarry”? Rebbi Mana told him: This man had two bills of divorce in his hand, one valid, the other invalid. He lost the valid one and threw away the invalid. When he found it, I say that what he found was the invalid bill.

Bar Qappara stated: Even if he left [the man] when he was 100 years old and spent another 100 years on the way, he delivers it to her under the presumption that he is alive.

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

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

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

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

Does he have to deliver the entire agency to him? Rebbi Jeremiah said, he has to deliver the entire agency to him. Rebbi Abin bar Cahana said, he need not deliver the entire agency to him. Rebbi Abin bar Cahana brought it from this: “The later messenger does not have to say: ‘it was written and signed before me,’ but he says: ‘I am an agent of the court.’” Rebbi Jeremiah said, Rebbi Abin bar Cahana retracted this, because of: “The later messenger does not have to say: ‘it was written and signed before me,’ but he says: ‘I am an agent of the court.’”

Does he have to deliver the entire agency to him? Rebbi Jeremiah said, he has to deliver the entire agency to him. Rebbi Abin bar Cahana said, he need not deliver the entire agency to him. Rebbi Abin bar Cahana brought it from this: “The later messenger does not have to say: ‘it was written and signed before me,’ but he says: ‘I am an agent of the court.’” Rebbi Jeremiah said, Rebbi Abin bar Cahana retracted this, because of: “The later messenger does not have to say: ‘it was written and signed before me,’ but he says: ‘I am an agent of the court.’”

Does he have to deliver the entire agency to him? Rebbi Jeremiah said, he has to deliver the entire agency to him. Rebbi Abin bar Cahana said, he need not deliver the entire agency to him. Rebbi Abin bar Cahana brought it from this: “The later messenger does not have to say: ‘it was written and signed before me,’ but he says: ‘I am an agent of the court.’” Rebbi Jeremiah said, Rebbi Abin bar Cahana retracted this, because of: “The later messenger does not have to say: ‘it was written and signed before me,’ but he says: ‘I am an agent of the court.’”

Rebbi Ḥiyya bar Uqba in the name of Rebbi Yose in the name of Rebbi Ḥanina: The Mishnah speaks of the heirs in priesthood and Levitic status. But concerning the poor, the poor has no inheritance. Bar Qappara stated: No person is immune from this; if not he then his son, if not his son then his grandson. This means, he can change the terms. Can the creditor change the terms? Let us hear from the following: “If somebody lends money to a first rich and then poor person he cannot separate for him, for one does not separate for what was lost and the poor acquired what is in his hand.” This implies that the creditor cannot change the terms.

Rebbi Ḥiyya bar Uqba in the name of Rebbi Yose in the name of Rebbi Ḥanina: The Mishnah speaks of the heirs in priesthood and Levitic status. But concerning the poor, the poor has no inheritance. Bar Qappara stated: No person is immune from this; if not he then his son, if not his son then his grandson. This means, he can change the terms. Can the creditor change the terms? Let us hear from the following: “If somebody lends money to a first rich and then poor person he cannot separate for him, for one does not separate for what was lost and the poor acquired what is in his hand.” This implies that the creditor cannot change the terms.

HALAKHAH: “If somebody sets aside produce,” etc. Rebbi Eleazar ben Antigonos in the name of Rebbi Eleazar ben Yannai: This means that nothing is in disorder for 24 hours but the last day. Rebbi Joḥanan said: Nothing is in order for 24 hours but the first day, as we have stated there: “If a miqweh was measured and found deficient.” Ḥinena the son of Rav Assi bar Mamal in the name of Rebbi Eleazar: That is to negate the words of Rebbi Eleazar, as we have stated: “If they were lost, one worries about them for 24 hours back, the words of Rebbi Eleazar.”

“Because of the public good.” They say in the name of Rebbi Simeon ben Laqish: That she should not risk bastardy. Some say in the name of Rebbi Simeon ben Laqish: That she should not remain anchored. He who said, that she should not remain anchored, [is afraid that] she turns out to be anchored if she thought that he annulled when he did not annul. He who said, that she should not risk bastardy, [is afraid that] her children will be bastards if she thought that he did not annul when he annulled, she goes and marries without a bill of divorce. If she thought that he annulled when he did not annul, another man comes and marries her preliminarily; the preliminary marriage is valid but she thinks it is invalid. She waits until her first husband dies, then she goes and marries [another man]; the result is that her children will be bastards. Rebbi Mana said, I went with a caravan and heard Rebbi Jacob bar Aḥa and Rebbi Immi in the name of Rebbi Simeon ben Laqish: That she should not risk bastardy. Rav Huna said, even the one who said that she should not remain anchored also agrees that she should not risk bastardy.

If he transgressed and annulled? Let us hear from the following: “If he annulled it is annulled, the words of Rebbi. Rabban Simeon ben Gamliel says, he can neither annul it nor add to his condition.” Rabban Simeon ben Gamliel says it correctly. What is the reason of Rebbi? It is the word of the Torah that he has the power to annul but they said, he shall not annul. Can their word uproot the words of the Torah? But is it not from the Torah that one may [give as heave] olives for oil and grapes for wine, but because of robbing the tribe they said not only that one may not give heave [in this way] but if he transgressed and gave, his heave is not heave. Rebbi Oshaia bar Abba said to Rebbi Yudan the Prince: Who could tell exactly what your ancestor meant?

There, we have stated: “One writes a bill of divorce for a man even if his wife is not with him, and a receipt for a woman even if her husband is not with her, and the husband pays the fee.” Rebbi Abba said, he has to know both of them. Rebbi La said, he has to know the husband for the bill of divorce and the wife for her receipt. Rebbi Abun bar Ḥiyya asked before Rebbi [ ]: Think of it, if he brought another woman and divorced by means of her. He said to him, let the witnesses come and testify. But did not Rebbi Simeon ben Laqish say that they considered witnesses who signed a document as if their testimony had been cross-examined in court? There, if they said, we did not sign at all. But here if they say, we signed this but not that. The Mishnah disagrees with Rebbi Abba: “In earlier times, his name and her name and the names of his and her towns could change.” If he knows them, why would he change their names? There are people who know others by sight but do not know their names. The Mishnah disagrees with Rebbi Ilai: “Rabban Gamliel the Elder instituted that one should write Mr. X and all his names, Mrs. Y and all her names, because of the public good.” The Mishnah about one who is forced to divorce, Rebbi Ila speaks about one who divorces on his initiative; some want to say if he divorces at another place.

HALAKHAH: “If a slave was kidnapped and ransomed,” etc. Rebbi Abbahu in the name of Ḥizqiah: It would be logical that even as a slave he should not have to serve. And why did they say, he has to serve? That a slave should not run away to the kidnappers. Rebbi Ze‘ira said, a baraita implies this: “His master pays his ransom and frees him.” They said that only about his master, not anybody else. Rebbi Ila in the name of Rebbi Yasa: It would be logical that even as a free person he should have to serve. Why did they say that he does not have to serve? Not to damage the reputations of free persons. Rebbi Yose said, but it is so: “Rabban Simeon ben Gamliel says, in any case he shall serve; just as Israel are obligated to ransom free persons so they are obligated to ransom slaves.” The first Tanna is of the opinion that they are obligated to ransom free persons but they are not obligated to ransom slaves. Rebbi Jacob bar Idi in the name of Rebbi Simeon ben Laqish: Practice follows Rabban Simeon ben Gamliel.

Simeon bar Abba in the name of Rebbi Joḥanan: If a slave fled from the kidnappers to his master, the master may not enslave him but has to write him a bill of manumission. Rebbi Abbahu said in the name of Rebbi Joḥanan: If somebody declares his slave as ownerless he can neither enslave him nor write him a bill of manumission. Rebbi Ze‘ira said to him, everybody says that he needs one; do you say that he does not need? Would he hinder him from eating the Passah [sacrifice]? As it was stated: “The slave of any man, acquisition of his money, if you circumcise him.” Anytime he serves his master, he prevents his master from eating the Passah; if he does not serve his master, he does not prevent his master from eating the Passah.

If a convert died and Jews plundered his property, if there were slaves, either adult or underage, they gain their freedom. Abba Shaul said, the adults gain their freedom, the minors do not become free. Why? They are no longer property after their owner’s death. Then even adults? Rebbi Abba said, since adults are competent to acquire themselves, they gain their freedom. Minors, who are not competent to acquire for themselves, do not gain their freedom. Rebbi Joshua ben Levi said, practice follows Abba Shaul. The opinions of Rebbi Joshua ben Levi are contradictory. There, Rebbi Simon in the name of Rebbi Joshua ben Levi and Rebbi Yossi ben Shaul in the name of Rebbi said: A person who has given up hope to recover his slave is not entitled to enslave him. They said, what Rebbi Joshua said about enslaving, if he did not give, he did not give; perhaps practice would be to enslave him, therefore he has to write him a bill of manumission. And here, he says so! We heard that Rebbi Joḥanan said, Rebbi Joshua ben Levi taught us that correctly, perhaps practice follows Abba Shaul. The slave girl of Rabba bar Zuṭra ran away and he gave up hope to recover her. He went to ask Rebbi Ḥanina and Rebbi Joshua ben Levi. They said, he is not entitled to enslave her. How is it to write her a bill of manumission? They said to him, if you wrote, you did the right thing. Rebbi Ḥanina in the name of Rebbi Ismael ben Rebbi Yose: A slave who married as a free person in the presence of his master gained his freedom. Rebbi Joḥanan said, yesterday I was sitting and formulating: If somebody writes a document of preliminary marriage for his slave or a document of definitive marriage for his girl slave, Rebbi says, they acquired, but the Sages say, they did not acquire. The first Tanna follows Rebbi: he acquired.

There, we have stated: “One does not marry women on a holiday.” Simeon bar Abba in the name of Rebbi Joḥanan: Because of refraining from being fruitful and increase. They asked before Rebbi Yose: May a slave marry a woman on a holiday? He told them, let us hear from the following: “Shall he be alone? But the world was created only for procreation and increase!” And Rebbi Simeon bar Abba said in the name of Rebbi Joḥanan: Anybody commanded to be fruitful and increase is forbidden to marry on a holiday.

There, we have stated: “One does not marry women on a holiday.” Simeon bar Abba in the name of Rebbi Joḥanan: Because of refraining from being fruitful and increase. They asked before Rebbi Yose: May a slave marry a woman on a holiday? He told them, let us hear from the following: “Shall he be alone? But the world was created only for procreation and increase!” And Rebbi Simeon bar Abba said in the name of Rebbi Joḥanan: Anybody commanded to be fruitful and increase is forbidden to marry on a holiday.

There could be terms. If he entered into terms with him, it is permitted. That means, with adults. With minors, the terms can be with their masters. That is, if the master was a Jew. If he was Gentile? Rebbi Tevele sold his slave and entered into terms with his master. Rebbi Isaac the goldsmith had slaves who fled to Bnoton. He came and asked Rebbi Immi who instructed him that a sales contract is forbidden, a loan for use is permitted, a cession is questionable. The slave girl of Rebbi Abba bar Ada fled to Cilicia. He came and asked Rebbi Mana, who instructed him following Rebbi Immi: a sales contract is forbidden, a loan for use is permitted, a cession is questionable.

If somebody bought a field during a Jubilee period. Rebbi Ila said, he acquired ownership of the ground, Abba bar Mamal said, he did not acquire ownership of the ground. Rebbi Abba bar Mamal objected to Rebbi Ila: In your opinion, since you say that he acquired ownership of the ground, why can he not dig cisterns, ditches, and caves? He said to him, the Torah said, “he shall return to his inheritance,” as it was. Rebbi Jacob bar Aḥa brought this topic before them and did not know that they still disagreed: Rebbi Joḥanan said, he brings and recites; Rebbi Simeon ben Laqish said, he does not bring and recite. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose: Everybody agrees that he brings. Where do they disagree? Rebbi Joḥanan said, he brings and recites; Rebbi Simeon ben Laqish said, he brings but does not recite.

If somebody bought a field during a Jubilee period. Rebbi Ila said, he acquired ownership of the ground, Abba bar Mamal said, he did not acquire ownership of the ground. Rebbi Abba bar Mamal objected to Rebbi Ila: In your opinion, since you say that he acquired ownership of the ground, why can he not dig cisterns, ditches, and caves? He said to him, the Torah said, “he shall return to his inheritance,” as it was. Rebbi Jacob bar Aḥa brought this topic before them and did not know that they still disagreed: Rebbi Joḥanan said, he brings and recites; Rebbi Simeon ben Laqish said, he does not bring and recite. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose: Everybody agrees that he brings. Where do they disagree? Rebbi Joḥanan said, he brings and recites; Rebbi Simeon ben Laqish said, he brings but does not recite.

If somebody bought a field during a Jubilee period. Rebbi Ila said, he acquired ownership of the ground, Abba bar Mamal said, he did not acquire ownership of the ground. Rebbi Abba bar Mamal objected to Rebbi Ila: In your opinion, since you say that he acquired ownership of the ground, why can he not dig cisterns, ditches, and caves? He said to him, the Torah said, “he shall return to his inheritance,” as it was. Rebbi Jacob bar Aḥa brought this topic before them and did not know that they still disagreed: Rebbi Joḥanan said, he brings and recites; Rebbi Simeon ben Laqish said, he does not bring and recite. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose: Everybody agrees that he brings. Where do they disagree? Rebbi Joḥanan said, he brings and recites; Rebbi Simeon ben Laqish said, he brings but does not recite.

HALAKHAH: “For tort victims one estimates with best quality land,” etc. “By an inference de minore ad maius, for Temple property.” Rebbi Abba bar Pappaios said before Rebbi Yose, where do we hold? If to qualify as damages, is that not what we stated “his neighbor’s ox” but not the ox of Temple property? If for bodily damages, is that not what Rebbi Ḥiyya stated: A private person can claim damages but not the Temple? But we must deal with one who said, I obligate myself to give 100 minas to the Temple, when his ox went and did damage. You should not say, [the Temple] is a creditor and should collect from average quality land. Therefore, it was necessary to say that “for tort victims one estimates with best quality land, by an inference de minore ad maius, for Temple property.”

If there is only best quality, one collects from the best quality, [only] average quality one collects from average quality, [only] worst quality one collects from worst quality. Best and average, torts are assessed from best quality, creditors and a woman’s ketubah from average. Average and worst, torts and creditors are assessed from average, a woman’s ketubah from worst. If his best quality was like everybody’s best quality, it is best quality. If his average quality was like everybody’s average quality, it is average quality. If his worst quality was like everybody’s worst quality, it is worst quality. If his best quality was like everybody’s average? Rebbi Ze‘ira and Rebbi Ila asked: Let us hear from the following: Average and worst, torts and creditors are assessed from average, a woman’s ketubah from worst. But just as you need in the case that you have best and average quality, torts push creditors to the average, so in this case, of average and worst quality, should not torts push creditors to the worst quality? Rebbi Yose bar Abun in the name of Rav Ḥisda: Explain it that he had best quality which he sold, and the creditors were already pushed to average quality.

Can one collect dowry from encumbered property? Rebbi Ze‘ira said that Rebbi Joḥanan does not collect. Who collects? Rebbi Ḥanina and Rebbi Ila collect. Rebbi Yasa was appointed custodian of orphans’ property. There were orphan [girls] who asked for dowry. 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 would get up and complained, I would give it to them. They stood up and complained.

Can one collect dowry from encumbered property? Rebbi Ze‘ira said that Rebbi Joḥanan does not collect. Who collects? Rebbi Ḥanina and Rebbi Ila collect. Rebbi Yasa was appointed custodian of orphans’ property. There were orphan [girls] who asked for dowry. 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 would get up and complained, I would give it to them. They stood up and complained.

A judgment was rendered for Ṣippor bat Absalom. Rebbi Simon and Rebbi Jacob bar Idi in the name of Rebbi Simeon bar Abba: I and our teachers collected for her from movables, following the custom of her place.

A judgment was rendered for Ṣippor bat Absalom. Rebbi Simon and Rebbi Jacob bar Idi in the name of Rebbi Simeon bar Abba: I and our teachers collected for her from movables, following the custom of her place.

Rav wrote to Rebbi, who transferred it to the Elder Rebbi Ḥiyya and Rebbi Ḥiyya wrote between the lines. If the orphans sold against the rules, one collects for dowry but one does not collect for sustenance. If they accepted a lien. I do not know what this lien is. Levi stated: Both for a lien made by the father and for a lien made by the son, one collects for dowry but one does not collect for sustenance. Rebbi Abba said, there is no mention of a lien made by the father, only a lien made by the son. If one cannot collect during the father’s lifetime, not so much less after the father’s death? Rebbi Ḥama bar Uqba in the name of Rebbi Yose bar Ḥanina: If the daughters are married, the widow is sustained by them. Rebbi Abba follows his own [opinion] and Rebbi Jehudah follows his own [opinion]. For the sister of Rebbi Yose bar Ḥanina in the name of Rebbi Yose ben Rebbi Ḥaggai: Even if they died, the widow is sustained by them.

Rav wrote to Rebbi, who transferred it to the Elder Rebbi Ḥiyya and Rebbi Ḥiyya wrote between the lines. If the orphans sold against the rules, one collects for dowry but one does not collect for sustenance. If they accepted a lien. I do not know what this lien is. Levi stated: Both for a lien made by the father and for a lien made by the son, one collects for dowry but one does not collect for sustenance. Rebbi Abba said, there is no mention of a lien made by the father, only a lien made by the son. If one cannot collect during the father’s lifetime, not so much less after the father’s death? Rebbi Ḥama bar Uqba in the name of Rebbi Yose bar Ḥanina: If the daughters are married, the widow is sustained by them. Rebbi Abba follows his own [opinion] and Rebbi Jehudah follows his own [opinion]. For the sister of Rebbi Yose bar Ḥanina in the name of Rebbi Yose ben Rebbi Ḥaggai: Even if they died, the widow is sustained by them.

Rav wrote to Rebbi, who transferred it to the Elder Rebbi Ḥiyya and Rebbi Ḥiyya wrote between the lines. If the orphans sold against the rules, one collects for dowry but one does not collect for sustenance. If they accepted a lien. I do not know what this lien is. Levi stated: Both for a lien made by the father and for a lien made by the son, one collects for dowry but one does not collect for sustenance. Rebbi Abba said, there is no mention of a lien made by the father, only a lien made by the son. If one cannot collect during the father’s lifetime, not so much less after the father’s death? Rebbi Ḥama bar Uqba in the name of Rebbi Yose bar Ḥanina: If the daughters are married, the widow is sustained by them. Rebbi Abba follows his own [opinion] and Rebbi Jehudah follows his own [opinion]. For the sister of Rebbi Yose bar Ḥanina in the name of Rebbi Yose ben Rebbi Ḥaggai: Even if they died, the widow is sustained by them.

Rebbi Joḥanan said, as a matter of principle one does not appoint guardians for orphans to their detriment, only to their profit; but if they are detrimental, they are detrimental. Rebbi Yose bar Ḥanina said, neither as a matter of principle nor as a reaction, neither for profit not for detriment. A Mishnah disagrees with Rebbi Yose bar Ḥanina: “One appoints a guardian for them” There is a difference about an ox, lest it continue to cause damage. If it did do damage, from whom does one take payment? Rebbi Joḥanan said, from the orphans. Rebbi Yose bar Ḥanina said, from the guardian. And even if Rebbi Joḥanan never taught this, does not his word imply it since he said if in the end they are detrimental, they are detrimental?

Rebbi Joḥanan said, as a matter of principle one does not appoint guardians for orphans to their detriment, only to their profit; but if they are detrimental, they are detrimental. Rebbi Yose bar Ḥanina said, neither as a matter of principle nor as a reaction, neither for profit not for detriment. A Mishnah disagrees with Rebbi Yose bar Ḥanina: “One appoints a guardian for them” There is a difference about an ox, lest it continue to cause damage. If it did do damage, from whom does one take payment? Rebbi Joḥanan said, from the orphans. Rebbi Yose bar Ḥanina said, from the guardian. And even if Rebbi Joḥanan never taught this, does not his word imply it since he said if in the end they are detrimental, they are detrimental?

Rebbi Joḥanan said, as a matter of principle one does not appoint guardians for orphans to their detriment, only to their profit; but if they are detrimental, they are detrimental. Rebbi Yose bar Ḥanina said, neither as a matter of principle nor as a reaction, neither for profit not for detriment. A Mishnah disagrees with Rebbi Yose bar Ḥanina: “One appoints a guardian for them” There is a difference about an ox, lest it continue to cause damage. If it did do damage, from whom does one take payment? Rebbi Joḥanan said, from the orphans. Rebbi Yose bar Ḥanina said, from the guardian. And even if Rebbi Joḥanan never taught this, does not his word imply it since he said if in the end they are detrimental, they are detrimental?

“If somebody stole a log and used it in building. The House of Shammai say, he has to tear down the entire building and return it. But the House of Hillel say, for the benefit of repenting sinners, that he has to pay its full value.” Rebbi Eleazar said, where do they disagree? If he stole it planed, but if he stole and planed it himself, he owes him money. If he stole and planed it on the spot, what is the rule? Let us hear from the following: “If somebody appropriates another person’s ruin and rebuilds it without prermission, one appraises it and his hand is weak. If he wants to take his logs and stones, one does not listen to him.” Rebbi Jacob bar Aḥa in the name of Rebbi Joshua ben Levi: It was asked in the name of Rav Naḥman bar Jacob: If somebody stores his bundle in somebody else’s ruin and wants to take it from there, does one not listen to him? He had not heard that Rebbi Jacob bar Idi said in the name of Rebbi Joshua ben Levi: Because of civilisation. Rebbi Yose said, this is correct. We would have thought that they disagree only in the Land, but not outside the Land. Since Rebbi Jacob bar Aḥa said, because of civilisation, this implies that there is no difference between the Land and outside the Land. If he wants to take [the value of] his logs and stones, what is the rule? One tells him, wait until he dwells in it. Samuel said, one pays him immediately.

“If somebody stole a log and used it in building. The House of Shammai say, he has to tear down the entire building and return it. But the House of Hillel say, for the benefit of repenting sinners, that he has to pay its full value.” Rebbi Eleazar said, where do they disagree? If he stole it planed, but if he stole and planed it himself, he owes him money. If he stole and planed it on the spot, what is the rule? Let us hear from the following: “If somebody appropriates another person’s ruin and rebuilds it without prermission, one appraises it and his hand is weak. If he wants to take his logs and stones, one does not listen to him.” Rebbi Jacob bar Aḥa in the name of Rebbi Joshua ben Levi: It was asked in the name of Rav Naḥman bar Jacob: If somebody stores his bundle in somebody else’s ruin and wants to take it from there, does one not listen to him? He had not heard that Rebbi Jacob bar Idi said in the name of Rebbi Joshua ben Levi: Because of civilisation. Rebbi Yose said, this is correct. We would have thought that they disagree only in the Land, but not outside the Land. Since Rebbi Jacob bar Aḥa said, because of civilisation, this implies that there is no difference between the Land and outside the Land. If he wants to take [the value of] his logs and stones, what is the rule? One tells him, wait until he dwells in it. Samuel said, one pays him immediately.

“If somebody stole a log and used it in building. The House of Shammai say, he has to tear down the entire building and return it. But the House of Hillel say, for the benefit of repenting sinners, that he has to pay its full value.” Rebbi Eleazar said, where do they disagree? If he stole it planed, but if he stole and planed it himself, he owes him money. If he stole and planed it on the spot, what is the rule? Let us hear from the following: “If somebody appropriates another person’s ruin and rebuilds it without prermission, one appraises it and his hand is weak. If he wants to take his logs and stones, one does not listen to him.” Rebbi Jacob bar Aḥa in the name of Rebbi Joshua ben Levi: It was asked in the name of Rav Naḥman bar Jacob: If somebody stores his bundle in somebody else’s ruin and wants to take it from there, does one not listen to him? He had not heard that Rebbi Jacob bar Idi said in the name of Rebbi Joshua ben Levi: Because of civilisation. Rebbi Yose said, this is correct. We would have thought that they disagree only in the Land, but not outside the Land. Since Rebbi Jacob bar Aḥa said, because of civilisation, this implies that there is no difference between the Land and outside the Land. If he wants to take [the value of] his logs and stones, what is the rule? One tells him, wait until he dwells in it. Samuel said, one pays him immediately.

“If somebody stole a log and used it in building. The House of Shammai say, he has to tear down the entire building and return it. But the House of Hillel say, for the benefit of repenting sinners, that he has to pay its full value.” Rebbi Eleazar said, where do they disagree? If he stole it planed, but if he stole and planed it himself, he owes him money. If he stole and planed it on the spot, what is the rule? Let us hear from the following: “If somebody appropriates another person’s ruin and rebuilds it without prermission, one appraises it and his hand is weak. If he wants to take his logs and stones, one does not listen to him.” Rebbi Jacob bar Aḥa in the name of Rebbi Joshua ben Levi: It was asked in the name of Rav Naḥman bar Jacob: If somebody stores his bundle in somebody else’s ruin and wants to take it from there, does one not listen to him? He had not heard that Rebbi Jacob bar Idi said in the name of Rebbi Joshua ben Levi: Because of civilisation. Rebbi Yose said, this is correct. We would have thought that they disagree only in the Land, but not outside the Land. Since Rebbi Jacob bar Aḥa said, because of civilisation, this implies that there is no difference between the Land and outside the Land. If he wants to take [the value of] his logs and stones, what is the rule? One tells him, wait until he dwells in it. Samuel said, one pays him immediately.

Ulla bar Ismael: By law, it should not atone even if it was [not] known in public. Why did they say that it atones? Not to let the altar be deserted. Rebbi Simeon ben Laqish said, by law, it should atone even if it was known in public. Why did they say that it does not atone? Not to let the altar accept robberies. How many are “public”? Rebbi Gorion in the name of Rebbi Simeon ben Laqish: Three people. Rebbi Abin in the name of Rebbi Joḥanan: “You brought robbed goods with the lame and the sick.” Since lame and sick are obvious, so everything must be obvious.

Rebbi Aḥa and Rebbi Tanḥum bar Ḥiyya in the name of Rebbi Simai: In a city of only Cohanim, all of them lift their hands. For whom do they recite the blessing? For their brothers to the North and South. Who answers after them? Women and children. Abbaie bar Benjamin stated: People who stand behind the Cohanim are not included in the blessing. For those in front of them, Rebbi Ḥiyya bar Abba said that even an iron wall does not interrupt. Those who stand to their side? Let us hear from the following: “If he intended to sprinkle before himself but sprinkled behind himself, behind himself but sprinkled before himself; his sprinkling is invalid. Before himself but sprinkled sideways, his sprinkling is valid.” This implies that those who stand to their side are included in the blessing. Rav Ḥisda said, it is necessary that the organizer be an Israel. Rav Ḥisda said, if there was one Cohen, he says “Cohen.” For two, he says “Cohanim.” But Rav Huna said, even for one he says “Cohanim” since he only calls the tribe, lest you say, probably person X is an adulterer or a murderer, and he shall bless us? The Holy, praise to Him, said: Who blesses you? Am not I blessing you? As it was said: “They shall put My name over the Children of Israel and I shall bless them.”

Rebbi Aḥa and Rebbi Tanḥum bar Ḥiyya in the name of Rebbi Simai: In a city of only Cohanim, all of them lift their hands. For whom do they recite the blessing? For their brothers to the North and South. Who answers after them? Women and children. Abbaie bar Benjamin stated: People who stand behind the Cohanim are not included in the blessing. For those in front of them, Rebbi Ḥiyya bar Abba said that even an iron wall does not interrupt. Those who stand to their side? Let us hear from the following: “If he intended to sprinkle before himself but sprinkled behind himself, behind himself but sprinkled before himself; his sprinkling is invalid. Before himself but sprinkled sideways, his sprinkling is valid.” This implies that those who stand to their side are included in the blessing. Rav Ḥisda said, it is necessary that the organizer be an Israel. Rav Ḥisda said, if there was one Cohen, he says “Cohen.” For two, he says “Cohanim.” But Rav Huna said, even for one he says “Cohanim” since he only calls the tribe, lest you say, probably person X is an adulterer or a murderer, and he shall bless us? The Holy, praise to Him, said: Who blesses you? Am not I blessing you? As it was said: “They shall put My name over the Children of Israel and I shall bless them.”

Rebbi Aḥa and Rebbi Tanḥum bar Ḥiyya in the name of Rebbi Simai: In a city of only Cohanim, all of them lift their hands. For whom do they recite the blessing? For their brothers to the North and South. Who answers after them? Women and children. Abbaie bar Benjamin stated: People who stand behind the Cohanim are not included in the blessing. For those in front of them, Rebbi Ḥiyya bar Abba said that even an iron wall does not interrupt. Those who stand to their side? Let us hear from the following: “If he intended to sprinkle before himself but sprinkled behind himself, behind himself but sprinkled before himself; his sprinkling is invalid. Before himself but sprinkled sideways, his sprinkling is valid.” This implies that those who stand to their side are included in the blessing. Rav Ḥisda said, it is necessary that the organizer be an Israel. Rav Ḥisda said, if there was one Cohen, he says “Cohen.” For two, he says “Cohanim.” But Rav Huna said, even for one he says “Cohanim” since he only calls the tribe, lest you say, probably person X is an adulterer or a murderer, and he shall bless us? The Holy, praise to Him, said: Who blesses you? Am not I blessing you? As it was said: “They shall put My name over the Children of Israel and I shall bless them.”

Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not clear unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “A man to his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac explained it by the method of the artless. As we have stated there: “For underage children, their buying is buying and their selling selling, for movables.” But did we not state there: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not clear unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “A man to his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac explained it by the method of the artless. As we have stated there: “For underage children, their buying is buying and their selling selling, for movables.” But did we not state there: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not clear unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “A man to his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac explained it by the method of the artless. As we have stated there: “For underage children, their buying is buying and their selling selling, for movables.” But did we not state there: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Rebbi Yose bar Ḥanina asked: Has this been said for all of this chapter or only for this Mishnah? The rabbis of Caesarea in the name of Rebbi Judah bar Titus: From the fact that we state this Mishnah in Giṭṭin it follows that it was said only for this Mishnah.

Rebbi Yose bar Ḥanina asked: Has this been said for all of this chapter or only for this Mishnah? The rabbis of Caesarea in the name of Rebbi Judah bar Titus: From the fact that we state this Mishnah in Giṭṭin it follows that it was said only for this Mishnah.

Rebbi Ḥiyya, Rebbi Ammi. One said: “Plough it well then, I will rent it from you after the Sabbatical.” The other one said: “May you succeed” For him who says, plough it well, then I will rent it from you after the Sabbatical, what means “one greets them” in a Jewish way? “May you succeed.” For him who says to the Gentile “may you succeed”? Explanation: Rebbi Ḥinena bar Pappa and Rebbi Samuel bar Naḥman passed by one of the ploughmen in the Sabbatical. Rebbi Samuel bar Naḥman said to him, are you not Jewish? Rebbi Ḥinena bar Pappa said to him, did not Rebbi teach us (Ps. 129:8): “The passers-by did not say, the blessing of the Eternal be on you,” these are the nations of the world who pass out of the world, they did not say to Israel “the blessing of the Eternal is on you.” What does Israel say to them, “we bless you in the Name of the Eternal.” All blessings that come into the world because of us are not enough for you; not only do you not say, come and take from these blessings for yourselves, but you roll over us pro-rated contributions and fines, head taxes and annonae.

Rebbi Ḥiyya, Rebbi Ammi. One said: “Plough it well then, I will rent it from you after the Sabbatical.” The other one said: “May you succeed” For him who says, plough it well, then I will rent it from you after the Sabbatical, what means “one greets them” in a Jewish way? “May you succeed.” For him who says to the Gentile “may you succeed”? Explanation: Rebbi Ḥinena bar Pappa and Rebbi Samuel bar Naḥman passed by one of the ploughmen in the Sabbatical. Rebbi Samuel bar Naḥman said to him, are you not Jewish? Rebbi Ḥinena bar Pappa said to him, did not Rebbi teach us (Ps. 129:8): “The passers-by did not say, the blessing of the Eternal be on you,” these are the nations of the world who pass out of the world, they did not say to Israel “the blessing of the Eternal is on you.” What does Israel say to them, “we bless you in the Name of the Eternal.” All blessings that come into the world because of us are not enough for you; not only do you not say, come and take from these blessings for yourselves, but you roll over us pro-rated contributions and fines, head taxes and annonae.

Rebbi Ḥiyya, Rebbi Ammi. One said: “Plough it well then, I will rent it from you after the Sabbatical.” The other one said: “May you succeed” For him who says, plough it well, then I will rent it from you after the Sabbatical, what means “one greets them” in a Jewish way? “May you succeed.” For him who says to the Gentile “may you succeed”? Explanation: Rebbi Ḥinena bar Pappa and Rebbi Samuel bar Naḥman passed by one of the ploughmen in the Sabbatical. Rebbi Samuel bar Naḥman said to him, are you not Jewish? Rebbi Ḥinena bar Pappa said to him, did not Rebbi teach us (Ps. 129:8): “The passers-by did not say, the blessing of the Eternal be on you,” these are the nations of the world who pass out of the world, they did not say to Israel “the blessing of the Eternal is on you.” What does Israel say to them, “we bless you in the Name of the Eternal.” All blessings that come into the world because of us are not enough for you; not only do you not say, come and take from these blessings for yourselves, but you roll over us pro-rated contributions and fines, head taxes and annonae.

Rebbi Ḥiyya, Rebbi Ammi. One said: “Plough it well then, I will rent it from you after the Sabbatical.” The other one said: “May you succeed” For him who says, plough it well, then I will rent it from you after the Sabbatical, what means “one greets them” in a Jewish way? “May you succeed.” For him who says to the Gentile “may you succeed”? Explanation: Rebbi Ḥinena bar Pappa and Rebbi Samuel bar Naḥman passed by one of the ploughmen in the Sabbatical. Rebbi Samuel bar Naḥman said to him, are you not Jewish? Rebbi Ḥinena bar Pappa said to him, did not Rebbi teach us (Ps. 129:8): “The passers-by did not say, the blessing of the Eternal be on you,” these are the nations of the world who pass out of the world, they did not say to Israel “the blessing of the Eternal is on you.” What does Israel say to them, “we bless you in the Name of the Eternal.” All blessings that come into the world because of us are not enough for you; not only do you not say, come and take from these blessings for yourselves, but you roll over us pro-rated contributions and fines, head taxes and annonae.

Rav Naḥman bar Jacob said: If she said, bring me my bill of divorce, but he went and said to him, your wife said, accept the bill of divorce for me, even after the bill came into her hand it is not a valid bill of divorce, since he thinks that she will be divorced by the acceptance of the agent but she can be divorced only by her own acceptance. Rebbi Huna bar Ḥiyya objected: But did we not state that if a woman said, accept the bill of divorce for me, it is not a valid bill of divorce until it reaches her hand? Then even if the bill came into her hand it should not be a valid bill! For she thinks that she will be divorced by the acceptance of the agent but she can be divorced only by her own acceptance. If he knows that practice is that “accept” and “obtain” mean “bring”. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is not a valid bill until the bill of divorce reaches her hand.” Then it should not be a valid bill even if the bill of divorce reaches her hand. For she thinks that maybe she is divorced by the acceptance of the agent, but she can be divorced only by her own acceptance. If he knows that a minor cannot appoint an agent.

Rav Naḥman bar Jacob said: If she said, bring me my bill of divorce, but he went and said to him, your wife said, accept the bill of divorce for me, even after the bill came into her hand it is not a valid bill of divorce, since he thinks that she will be divorced by the acceptance of the agent but she can be divorced only by her own acceptance. Rebbi Huna bar Ḥiyya objected: But did we not state that if a woman said, accept the bill of divorce for me, it is not a valid bill of divorce until it reaches her hand? Then even if the bill came into her hand it should not be a valid bill! For she thinks that she will be divorced by the acceptance of the agent but she can be divorced only by her own acceptance. If he knows that practice is that “accept” and “obtain” mean “bring”. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is not a valid bill until the bill of divorce reaches her hand.” Then it should not be a valid bill even if the bill of divorce reaches her hand. For she thinks that maybe she is divorced by the acceptance of the agent, but she can be divorced only by her own acceptance. If he knows that a minor cannot appoint an agent.

Rebbi Ḥaggai said before Rebbi Yose: Is not this disagreement the same as that disagreement, as we have stated there: “If a man was talking with a woman about her bill of divorce or her preliminary marriage and gave her the bill of divorce or [some valuable for] preliminary marriage and did not spell it out, Rebbi Yose says it is sufficient; Rebbi Jehudah says he has to be explicit.” Then Rebbi follows Rebbi Yose and Rebbi Nathan Rebbi Jehudah. He said to him, what do you have in your hand, did not Rebbi Zeïra, Ḥiyya bar Abin, Abba bar Taḥlifa, say in the name of Rebbi Hoshaia, when do they differ? [If they thought about] other things but if he still was on the same subject, it is a bill of divorce. But here, even if they are still on the same subject there is disagreement.

Rebbi Ḥaggai said before Rebbi Yose: Is not this disagreement the same as that disagreement, as we have stated there: “If a man was talking with a woman about her bill of divorce or her preliminary marriage and gave her the bill of divorce or [some valuable for] preliminary marriage and did not spell it out, Rebbi Yose says it is sufficient; Rebbi Jehudah says he has to be explicit.” Then Rebbi follows Rebbi Yose and Rebbi Nathan Rebbi Jehudah. He said to him, what do you have in your hand, did not Rebbi Zeïra, Ḥiyya bar Abin, Abba bar Taḥlifa, say in the name of Rebbi Hoshaia, when do they differ? [If they thought about] other things but if he still was on the same subject, it is a bill of divorce. But here, even if they are still on the same subject there is disagreement.

Rebbi Ze‘ira asked before Rebbi Mana: Is it the same for a gift? Can a person appoint an agent for anything that is not his? He said to him, there the Torah gave her the right to a bill of divorce and she appoints an agent to receive what is rightfully hers. Can you say in regard to a gift that a person can appoint an agent for anything that is not his? In addition, from what Rebbi Yose and Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan said, if somebody said to give a gift to another and he wants to retract, he may retract. Rebbi Yose stood near Rebbi Jacob bar Zavdi and said to him, is that a just “yes”? He said to him, at the moment he said it, it was a just “yes”.

Rebbi Ze‘ira asked before Rebbi Mana: Is it the same for a gift? Can a person appoint an agent for anything that is not his? He said to him, there the Torah gave her the right to a bill of divorce and she appoints an agent to receive what is rightfully hers. Can you say in regard to a gift that a person can appoint an agent for anything that is not his? In addition, from what Rebbi Yose and Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan said, if somebody said to give a gift to another and he wants to retract, he may retract. Rebbi Yose stood near Rebbi Jacob bar Zavdi and said to him, is that a just “yes”? He said to him, at the moment he said it, it was a just “yes”.

Rebbi Mana said, not only a neck-iron of mortal danger but also a neck-iron of money. For every neck-iron is a mortal danger. Rebbi Eleazar asked: Does his gift follow the rules of the gift of a sick person? Rebbi Naḥman in the name of Rebbi Jacob the Armenian: That which is a problem for Rebbi Simeon is obvious for Rebbi Yose bar Ḥanina, as we have stated there: “One may have use for the hair of a woman who was executed but an animal which was executed is forbidden for all use.” Rebbi Yose bar Ḥanina said, if she said, my bonnet should be given to my daughter.

Rebbi Mana said, not only a neck-iron of mortal danger but also a neck-iron of money. For every neck-iron is a mortal danger. Rebbi Eleazar asked: Does his gift follow the rules of the gift of a sick person? Rebbi Naḥman in the name of Rebbi Jacob the Armenian: That which is a problem for Rebbi Simeon is obvious for Rebbi Yose bar Ḥanina, as we have stated there: “One may have use for the hair of a woman who was executed but an animal which was executed is forbidden for all use.” Rebbi Yose bar Ḥanina said, if she said, my bonnet should be given to my daughter.

It was stated: Also the sick person. Rebbi Jacob bar Idi in the name of Rebbi Jonathan: Practice follows Rebbi Simeon from Shezur about the dangerously ill. What is the difference between a dangerously ill and a sick person? A sick person is a normal case; any who gets sick suddenly is dangerously ill. In a normal case, the relatives visit him immediately; unrelated persons visit him after three days. If he falls ill suddenly, everybody visits him immediately. An example: Rebbi Ḥuna, Rebbi Phineas, and Rebbi Ḥizqiah went to visit Rebbi Yose after three days. He said to them: Do you want to sustain the baraita in my case?

HALAKHAH: “If somebody was thrown into a cistern,” etc. Rebbi Ḥanina said, Rebbi Jonathan taught us, only if they saw a man’s shadow. There we have stated: “One testifies by the light of a candle or by the light of the moon and one permits to remarry on the basis of a disembodied voice”, and Rebbi Jonathan said, only if they saw a man’s shadow. Rebbi Aḥa bar Ḥanina, in the name of Rebbi Ḥanina: That means, in the fields, but in town even without a man’s shadow. But did we not state: “If somebody had been thrown into a cistern,” and Rebbi Jonathan said, only if they saw a man’s shadow? Rebbi Abin said, damaging spirits were as frequent in cisterns as they are frequent on the fields.

If somebody slaughtered with the intention of sprinkling [the victim’s] blood in idolatry or to burn its fat for idolatry, Rebbi Joḥanan said, the intention invalidates, Rebbi Simeon ben Laqish said, the intention does not invalidate. Rebbi Jacob bar Idi objected before Rebbi Simeon ben Laqish: Did we not state: “Rebbi Yose said, that is a matter of a conclusion de minore ad majus. Since in a case where thought makes sanctified food unusable, etc.,” and thought invalidates for piggul and leftover. He said to him, truly thought invalidates for piggul and leftover; but if somebody slaughtered with the intention of sprinkling [the victim’s] blood in idolatry or to burn its fat for idolatry, the intention does not invalidate. If he slaughtered and then the blood was sprinkled in an idolatrous rite and the fat was burned in an idolatrous rite, there was such a case in Caesarea and they pronounced neither prohibition nor permission. Rebbi Ḥanina in the name of Rav Ḥisda: This means that they were not apprehensive. If you say that they were apprehensive, they should have taught a prohibition. Rebbi Yose in the name of Rav Ḥisda: This means that they were apprehensive. If you say that they were not apprehensive, they should not have dealt with the case.

Rebbi Jacob bar Aḥa said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan said, even while he is suffering an attack of seizures, one writes the bill of divorce and delivers it to his wife. Rebbi Simeon ben Laqish said, when he regains his sanity. The argument of Rebbi Simeon ben Laqish seems to be inverted, since they disagreed: If he became deaf-mute, or insane, or became an apostate, or the Court ruled that fat may be eaten, Rebbi Joḥanan said, his sacrifice of purification is pushed aside, Rebbi Simeon ben Laqish said, his sacrifice of purification is not pushed aside. Rebbi Yose ben Rebbi Abun said, Rebbi (Joḥanan) [Aḥa] switches traditions, to avoid that a word of Rebbi Joḥanan contradict his own word. For Rebbi Samuel bar Abba said in the name of Rebbi Joḥanan: One sprinkles the blood of a purification sacrifice or a reparation sacrifice for a person terminally ill. The rabbis of Caesarea said, Rebbi Ḥiyya and Rebbi Yasa, one follows the one, the other follows the other.

Rebbi Jacob bar Aḥa said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan said, even while he is suffering an attack of seizures, one writes the bill of divorce and delivers it to his wife. Rebbi Simeon ben Laqish said, when he regains his sanity. The argument of Rebbi Simeon ben Laqish seems to be inverted, since they disagreed: If he became deaf-mute, or insane, or became an apostate, or the Court ruled that fat may be eaten, Rebbi Joḥanan said, his sacrifice of purification is pushed aside, Rebbi Simeon ben Laqish said, his sacrifice of purification is not pushed aside. Rebbi Yose ben Rebbi Abun said, Rebbi (Joḥanan) [Aḥa] switches traditions, to avoid that a word of Rebbi Joḥanan contradict his own word. For Rebbi Samuel bar Abba said in the name of Rebbi Joḥanan: One sprinkles the blood of a purification sacrifice or a reparation sacrifice for a person terminally ill. The rabbis of Caesarea said, Rebbi Ḥiyya and Rebbi Yasa, one follows the one, the other follows the other.

Rebbi Jacob bar Aḥa, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: One disagrees with this Tanna. They say, does not a Mishnah disagree: “If he became deaf-mute or insane, he may never divorce.” Why can he not write and have others execute his written instructions? They upheld it, if he was illiterate. Rebbi Abba bar Mamal objected, does not a baraita disagree: “If he wrote himself, or told the scribe to write and the witnesses to sign, even though the scribe wrote, the witnesses signed, they gave him [the bill] and he in turn gave it to her, it is no divorce.” Rebbi Assi said, complete the sentence and there is no disgreement: “it is no divorce unless they hear his voice.” But even if he gave a sign with his head you say it is invalid, (here also it is invalid). Rebbi Mana said, it is valid: hearing the voice has the same status as seeing him nod his head!

Rebbi Jacob bar Aḥa, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: One disagrees with this Tanna. They say, does not a Mishnah disagree: “If he became deaf-mute or insane, he may never divorce.” Why can he not write and have others execute his written instructions? They upheld it, if he was illiterate. Rebbi Abba bar Mamal objected, does not a baraita disagree: “If he wrote himself, or told the scribe to write and the witnesses to sign, even though the scribe wrote, the witnesses signed, they gave him [the bill] and he in turn gave it to her, it is no divorce.” Rebbi Assi said, complete the sentence and there is no disgreement: “it is no divorce unless they hear his voice.” But even if he gave a sign with his head you say it is invalid, (here also it is invalid). Rebbi Mana said, it is valid: hearing the voice has the same status as seeing him nod his head!

There, we have stated: “If somebody writes his property over to his sons, he has to write: From today and after death. Rebbi Yose says, this is unnecessary.” What is Rebbi Yose’s reason? The date of the document is its proof. The colleagues in the name of Rebbi Joḥanan: This is no condition. Rebbi Ze‘ira in the name of Rebbi Joḥanan: It applies neither to bills of divorce nor to gifts. Rebbi Ila said, for a gift; since he said “from today”, the gift is irrevocable. Why did he write “after death”? To reserve the yield to himself. But in bills of divorce, since he wrote “from today” in the bill, it would be a separation. Why did he write “after death”? To reserve her body to himself. Rebbi Bibon bar Cahana said before Rebbi Ilai, not to reserve her earnings for himself? He answered, we do not find a woman married to one man and her earnings belonging to another. Rebbi Ze‘ira praised him for this and called him “son of the Torah.”

It was stated: “Also the one in mortal danger.” Rebbi Jacob bar Aḥa said, it happened in such a case that he died during intercourse.

“Whether he died from the original sickness.” Are male or female slaves trustworthy? The witnesses know that at the time she was alone with him a male or female slave was present. “If she was alone with him with the knowledge of two witnesses, she needs a second bill of divorce from him. One witness, she does not need a second bill of divorce from him. One in the morning and one in the afternoon, that was a case and Rebbi Eleazar bar Thaddeus asked the Sages who said, this is not [testimony of] being alone. If she was alone together with him long enough for intercourse, one suspects her about intercourse but not about preliminary marriage. Rebbi Yose ben Rebbi Jehudah says, one also suspects her about preliminary marriage.” Rebbi Jeremiah explains the baraita: If she was alone together with him long enough for intercourse, one suspects her about immoral intercourse but not about preliminary marriage. If the time was not long enough for intercourse, one does not suspect anything. Rebbi Yose explains the baraita: If she was alone together with him long enough for intercourse, one suspects her about immoral intercourse but not about preliminary marriage by intercourse. Rebbi Yose ben Rebbi Jehudah says, one also suspects her about preliminary marriage by intercourse. If the time was not long enough for intercourse, one does not suspect preliminary marriage bymoney. Rebbi Yose ben Rebbi Jehudah says, one also suspects her about preliminary marriage by money. Rebbi Abin said, It turns out that the House of Shammai parallels the rabbis and the House of Hillel Rebbi Yose ben Rebbi Jehudah.

A person gave money for a ship when the canal dried up. The case came before Rav Naḥman bar Jacob: There is the ship, bring the canal! Abba bar Huna in the name of Rebbi Abba was praying that the canal should dry up and he could recover his money. He said, Rebbi Joḥanan and Rebbi Abba are of the same opinion as Rabban Simeon ben Gamliel. If she cut off, she hindered. If her hand (?) was cut off, it is not as if she hindered.

A person gave money for a ship when the canal dried up. The case came before Rav Naḥman bar Jacob: There is the ship, bring the canal! Abba bar Huna in the name of Rebbi Abba was praying that the canal should dry up and he could recover his money. He said, Rebbi Joḥanan and Rebbi Abba are of the same opinion as Rabban Simeon ben Gamliel. If she cut off, she hindered. If her hand (?) was cut off, it is not as if she hindered.

The Elder Rebbi Ḥiyya asked before Rebbi: “This is your bill of divorce after the holiday.” He said to him, all of 30 days after the holiday are called “after the holiday”. Rebbi Bivon bar Ḥiyya asked before Rebbi Ze‘ira: “This is your bill of divorce on Passover eve”? Even a person who says that all of 30 days after the holiday are called “after the holiday” will agree that 30 days before Passover are not like “after Passover”. Rebbi Ze‘ira asked before Rebbi Yasa: If somebody said, a qonam that I shall not taste wine at the end of the Sabbath? He said to him, after the end of the Sabbath he is forbidden, Sabbath eve he is permitted, the days in between are problematic. And so it is here, after the end of the Sabbath it is a bill of divorce, Sabbath eve it is no bill of divorce, but the days in between are problematic.

But are her garden and her courtyard not subject to her husband’s having the usufruct? Rebbi Joshua in the name of Rebbi Yannai: Only if he writes to her, “I have nothing to do with your properties.” Rebbi Isaac bar Ḥaqulah in the name of Rebbi Hoshaiah: Even if he did not write to her, “I have nothing to do with your properties.” It turns out that Rebbi Yannai follows the rabbis and Rebbi Hoshaiah follows Rebbi Meїr. Rebbi Yannai follows the rabbis, for the rabbis say, even though the slave’s hand is his master’s hand, he can acquire his document of manumission from [his master’s] hand. But her garden and her courtyard are subject to her husband’s having the usufruct unless he writes to her, “I have nothing to do with your properties.” It is difficult for the rabbis: since the slave’s hand is his master’s hand, how can he acquire his document of manumission from [his master’s] hand? Rebbi Hoshaiah follows Rebbi Meїr, for Rebbi Meїr said since the wife’s hand is not her husband’s hand, she can acquire her bill of divorce from her husband. Her garden and her courtyard will not be subject to her husband, even if he has the usufruct, even if he did not write to her, “I have nothing to do with your properties.” If he inherited properties together with her, even if he wrote it is as if he did not write; [for example] if he had married his brother’s daughter, even if he wrote it is as if he did not write. If another person gave her a gift and told her, on condition that your husband have no rights to it, but it is for you to trade on your own account, then even if he did not write it is as if he wrote.

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

Ulla bar Ismael said, he never thought to have a right to her wool basket. Think of it, if her wool basket was of gold? Certainly he never thought to have a right to her wool basket. Rebbi Joḥanan said, only if it is being used. Rebbi Yose said, only if she is using it at that moment. Rebbi Simeon ben Laqish said, if it is tied to her; Rebbi Yose said, if she lifts it for her purpose. Rebbi Hoshaiah stated in support of Rebbi Joḥanan: Even if he threw it into her maloš she is divorced.

How close is “near”? Rav said, four cubits. Rebbi Ilai the heir said, four cubits. Rebbi Eleazar in the name of Rebbi Joḥanan in the name of Rebbi Yannai: Stretching out hands, and we have stated: “stretching out hands.” Rebbi Abba, Rebbi Jeremiah, in the name of Rav: Stretching out hands. The argument of Rav is inverted; there, he says four cubits and here he says so? There in theory, here in practice. “Rebbi Eleazar stated: Even if it was closer to her than to him but a dog came and took it away, she is not divorced.” Samuel agrees with Rebbi Eleazar and disagrees. The clearest way is that he puts it into her hand. If there was room for stretching out hands between him and her, Simeon bar Abba in the name of Rebbi Joḥanan [states]: If it was closer to her than to him she is divorced, closer to him than to her she is not divorced, half and half she is divorced and not divorced. Abba bar Rav Jeremiah said: In all cases in which we have stated “divorced and not divorced”, support is on him.

How close is “near”? Rav said, four cubits. Rebbi Ilai the heir said, four cubits. Rebbi Eleazar in the name of Rebbi Joḥanan in the name of Rebbi Yannai: Stretching out hands, and we have stated: “stretching out hands.” Rebbi Abba, Rebbi Jeremiah, in the name of Rav: Stretching out hands. The argument of Rav is inverted; there, he says four cubits and here he says so? There in theory, here in practice. “Rebbi Eleazar stated: Even if it was closer to her than to him but a dog came and took it away, she is not divorced.” Samuel agrees with Rebbi Eleazar and disagrees. The clearest way is that he puts it into her hand. If there was room for stretching out hands between him and her, Simeon bar Abba in the name of Rebbi Joḥanan [states]: If it was closer to her than to him she is divorced, closer to him than to her she is not divorced, half and half she is divorced and not divorced. Abba bar Rav Jeremiah said: In all cases in which we have stated “divorced and not divorced”, support is on him.

HALAKHAH: “The same applies for preliminary marriages”, etc. Rebbi Simeon ben Laqish in the name of Abba Cohen Bar Dalaia: A person acquires a find within four cubits of himself. What is the reason? (1Chr. 22:14) “Look, in my poverty I prepared for the House of the Eternal 100’000 kikkar of gold, 1’000’000 kikkar of silver, bronze and iron unweighed because it was so much; I prepared wood and stones, and you should add to them.”

Rebbi Jacob bar Idi objected before Rebbi Simeon ben Laqish. Did we not state: (Mishnah Baba Meẓi‘a 1:4) “If somebody saw a find and fell on it, when another person came and grabbed it, he who grabbed it had the rights to it?” He answered him: Explain it if the first one did not say that his four cubits should acquire it for him. But did we not state: “If he fell on it or spread his talith on it, one removes him from it?” He said to him, that is the same, if he did not say that his four cubits should acquire it for him. But did not Rebbi Ḥiyya state: (Tosephta Peah 2:2) “If two were pushing one another because of a sheaf and another person came and grabbed it from before them, the one who grabbed is entitled to it. He said to him, it is the same, they did not say that our four cubits should acquire it for us.

Rebbi Eleazar said, the Mishnah speaks of a roof with a parapet when it descended lower than the parapet, or one without a parapet when it descended lower than within three handbreadths of the roof, since anything within three handbreadths of the roof is as if it were part of the roof. Rebbi Jacob bar Aḥa, Rebbi Abba bar Hamnuna in the name of Rav Ada bar Aḥawa: This refers to the rules of the Sabbath, where anything within three handbreadths of a partition is considered part of the partition. Rebbi Yasa said, they are not comparable, for bills of divorce are about the top, the rules of the Sabbath about the below. For bills of divorce even if it never came to rest, for the Sabbath only if it rested. Rebbi Immi in the name of Rebbi Joḥanan: Only if it descended to within the partitions. Rebbi Immi asked before Rebbi Joḥanan: Does the Mishnah follow Rebbi, since Rebbi considers partitions as solidly filled up? He said to him, here in the matter of bills of divorce it is everybody’s opinion. Could one not object that Rebbi said, if it is roofed? And you say, it is not roofed? What is the difference between bills of divorce and the Sabbath? Rebbi Abba said, about the Sabbath it is written: “You shall not do any work;” it may make itself automatically. But here “he shall deliver into her hand,” into her domain.

Rebbi Eleazar said, the Mishnah speaks of a roof with a parapet when it descended lower than the parapet, or one without a parapet when it descended lower than within three handbreadths of the roof, since anything within three handbreadths of the roof is as if it were part of the roof. Rebbi Jacob bar Aḥa, Rebbi Abba bar Hamnuna in the name of Rav Ada bar Aḥawa: This refers to the rules of the Sabbath, where anything within three handbreadths of a partition is considered part of the partition. Rebbi Yasa said, they are not comparable, for bills of divorce are about the top, the rules of the Sabbath about the below. For bills of divorce even if it never came to rest, for the Sabbath only if it rested. Rebbi Immi in the name of Rebbi Joḥanan: Only if it descended to within the partitions. Rebbi Immi asked before Rebbi Joḥanan: Does the Mishnah follow Rebbi, since Rebbi considers partitions as solidly filled up? He said to him, here in the matter of bills of divorce it is everybody’s opinion. Could one not object that Rebbi said, if it is roofed? And you say, it is not roofed? What is the difference between bills of divorce and the Sabbath? Rebbi Abba said, about the Sabbath it is written: “You shall not do any work;” it may make itself automatically. But here “he shall deliver into her hand,” into her domain.

Rebbi Eleazar said, the Mishnah speaks of a roof with a parapet when it descended lower than the parapet, or one without a parapet when it descended lower than within three handbreadths of the roof, since anything within three handbreadths of the roof is as if it were part of the roof. Rebbi Jacob bar Aḥa, Rebbi Abba bar Hamnuna in the name of Rav Ada bar Aḥawa: This refers to the rules of the Sabbath, where anything within three handbreadths of a partition is considered part of the partition. Rebbi Yasa said, they are not comparable, for bills of divorce are about the top, the rules of the Sabbath about the below. For bills of divorce even if it never came to rest, for the Sabbath only if it rested. Rebbi Immi in the name of Rebbi Joḥanan: Only if it descended to within the partitions. Rebbi Immi asked before Rebbi Joḥanan: Does the Mishnah follow Rebbi, since Rebbi considers partitions as solidly filled up? He said to him, here in the matter of bills of divorce it is everybody’s opinion. Could one not object that Rebbi said, if it is roofed? And you say, it is not roofed? What is the difference between bills of divorce and the Sabbath? Rebbi Abba said, about the Sabbath it is written: “You shall not do any work;” it may make itself automatically. But here “he shall deliver into her hand,” into her domain.

Rebbi Joḥanan said, the practice follows Rebbi Simeon ben Eleazar, since Rebbi Simeon ben Eleazar said it never is a bill of divorce unless he declares at the moment of delivery: “This is your bill of divorce.” Rebbi Jacob bar Aḥa in the name of Rebbi Yannai: There is not even a hint of invalidity on her. Cahana said, this implies that they did not worry. If they did worry, might he not have said “you are permitted to any man” when it was still in her hand? Rebbi Aḥa said, this implies that they did worry. If they did not worry, could he not divorce by any power he has to divorce?

Rebbi Ze‘ira said: Shila bar Binah stated: Anything which is invalid containing a condition if delivered on condition is also invalid.