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The word of Rebbi Zera implies that a child of unknown paternity is qualified, for Rebbi Ze‘ira asked before Rebbi Yasa: Is it the same for families? He said to him, so says Rebbi Simeon ben Laqish: There, for families, but here for sanctified food in the country. The word of Rebbi Samuel ben [Rav] Isaac implies that a child of unknown paternity is disqualified, for Rebbi Samuel ben Rav Isaac asked: Does this mean that a child of unknown paternity is does not exist following Rabban Gamliel and Rebbi Eliezer, only following Rebbi Joshua? He turned around and said, a child of unknown paternity is possible following Rabban Gamliel and Rebbi Eliezer, if she remains silent. And even if you say that she talks, if she said that she does not know.

MISHNAH: Rebbi Yose said: It happened that, when a girl was raped while she went to draw water from the spring, Rebbi Yoḥanan ben Nuri said: If most people of the town can marry into the priesthood then she can marry into the priesthood.

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

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

It happened that a baby girl was noticed who had been thrown on a garbage heap. The case came before Rebbi Ismael ben Rebbi Yose, who said, she should be adjoined to dough. Rebbi Jeremiah thought to say, to qualified dough, would Rebbi Ismael ben Rebbi Yose disagree with his father? Rebbi Yose said, even if you say to disqualified dough, Rebbi Ismael ben Rebbi Yose would not disagree with his father. Why? While the qualified whore, only the disqualified throw away.

It happened that a baby girl was noticed who had been thrown on a garbage heap. The case came before Rebbi Ismael ben Rebbi Yose, who said, she should be adjoined to dough. Rebbi Jeremiah thought to say, to qualified dough, would Rebbi Ismael ben Rebbi Yose disagree with his father? Rebbi Yose said, even if you say to disqualified dough, Rebbi Ismael ben Rebbi Yose would not disagree with his father. Why? While the qualified whore, only the disqualified throw away.

It happened that a baby girl was noticed who had been thrown on a garbage heap. The case came before Rebbi Ismael ben Rebbi Yose, who said, she should be adjoined to dough. Rebbi Jeremiah thought to say, to qualified dough, would Rebbi Ismael ben Rebbi Yose disagree with his father? Rebbi Yose said, even if you say to disqualified dough, Rebbi Ismael ben Rebbi Yose would not disagree with his father. Why? While the qualified whore, only the disqualified throw away.

MISHNAH: If a woman became widowed or divorced and she claims to have been married as a virgin, but he says not so, I married you as a widow, if there are witnesses that she went out in hinuma or with uncovered hair, her ketubah is 200 [zuz]. Rebbi Joḥanan ben Beroqa says, the distribution of roasted kernels also is proof.

If somebody claimed a mina, the [defendant] denied it, and the [claimant] produced witnesses that the [defendant] owes him 50 [zuz]. The older Rebbi Ḥiyya said, [the defendant] has to swear about the remainder. Rebbi Joḥanan says, he does not have to swear. The older Rebbi Ḥiyya learned it from two who are grabbing a toga, as we have stated there: “Two are grabbing a toga, one says, I found it, and the other says, I found it.” The one who grabs half of it is as if he brought witnesses that that half belongs to him. The other says, “it belongs to me entirely”, and the fact that he grabs half of it is as if he brought witnesses that this half belongs to him. The one who says, “it belongs to me entirely”, swears that not the entire [toga] is the other’s. But he did not hear that Rebbi Hila said in the name of Rebbi Joḥanan that this oath is a rabbinic institution, that a man should not see another in the market and tell him, the toga which you are wearing is mine, come and split your toga with me! Rebbi Abin in the name of Rav: My uncle agrees in the case of a document. How is that? He claimed a mina, the [defendant] denied it, and the [claimant] produced a document that the [defendant] owed him 50 [zuz]. He has only fifty. And Rebbi Yose ben Rebbi Abun said, we can understand it from the following: “‘The amount of … tetradrachmas’ and it was illegible, he owes no less than two. “If it is more, if the lender says five but the borrower says three, Ben Azzay says since he partially agreed to the claim, he has to swear, but the Sages say, what he agreed to is not of the kind which was claimed. Because it was not of the kind which was claimed! Therefore, if it were of the kind which was claimed, he would be obligated. And is it not here that the agreed sum was part of the claim? Everybody agrees that he owes her a mina. But she claimsanother mina from him, to which he does not agree. The burden of proof is on the claimant.

If somebody claimed a mina, the [defendant] denied it, and the [claimant] produced witnesses that the [defendant] owes him 50 [zuz]. The older Rebbi Ḥiyya said, [the defendant] has to swear about the remainder. Rebbi Joḥanan says, he does not have to swear. The older Rebbi Ḥiyya learned it from two who are grabbing a toga, as we have stated there: “Two are grabbing a toga, one says, I found it, and the other says, I found it.” The one who grabs half of it is as if he brought witnesses that that half belongs to him. The other says, “it belongs to me entirely”, and the fact that he grabs half of it is as if he brought witnesses that this half belongs to him. The one who says, “it belongs to me entirely”, swears that not the entire [toga] is the other’s. But he did not hear that Rebbi Hila said in the name of Rebbi Joḥanan that this oath is a rabbinic institution, that a man should not see another in the market and tell him, the toga which you are wearing is mine, come and split your toga with me! Rebbi Abin in the name of Rav: My uncle agrees in the case of a document. How is that? He claimed a mina, the [defendant] denied it, and the [claimant] produced a document that the [defendant] owed him 50 [zuz]. He has only fifty. And Rebbi Yose ben Rebbi Abun said, we can understand it from the following: “‘The amount of … tetradrachmas’ and it was illegible, he owes no less than two. “If it is more, if the lender says five but the borrower says three, Ben Azzay says since he partially agreed to the claim, he has to swear, but the Sages say, what he agreed to is not of the kind which was claimed. Because it was not of the kind which was claimed! Therefore, if it were of the kind which was claimed, he would be obligated. And is it not here that the agreed sum was part of the claim? Everybody agrees that he owes her a mina. But she claimsanother mina from him, to which he does not agree. The burden of proof is on the claimant.

“Rebbi Joḥanan ben Beroqa says, the distribution of roasted kernels also is proof.” Should one not worry that she was a virgin after final marriage? That means, for a virgin after final marriage one does not distribute roasted kernels. It was stated: Abba Shaul says, also if one brought before her an amphora of good news. Should one not worry that she was a virgin after final marriage? That means, in front of a virgin after final marriage one does not bring an amphora of good news.

“He is not trustworthy” if he did not eat the years of legal claim from it. But if he ate the years of legal claim from it, he is trustworthy if [the second person’s] father did not die in possession. But if [the second person’s] father died in possession, he is [not] trustworthy. As the following: Reuben ate from a field claiming that it was his. Simeon brought witnesses that his father died in possession. One removes [the field] from Reuben and hands the title to Simeon. Reuben came back and brought witnesses that [Simeon’s] father did not die in possession. Rebbi Naḥman ben Jacob said, I took it from Reuben, I am returning it to Reuben. That is what the rabbis here think. The rabbis there say, from the time it was removed, by clear testimony it was removed. So the rabbis here say, from the time she married, by clear testimony she married. Rebbi Yose said, the rabbis there agree that if during the first proceedings two [witnesses] say that his father died in possession and two say, he did not die in possession, Reuben’s claim is upheld.

HALAKHAH: “If witnesses said, this is our signature,” etc. It was stated: And similarly, the witnesses who testified whether to declare impure or pure, or to remove or include, or to forbid or permit, or to obligate or absolve, if they say we did invent this before their testimony was investigated by the court, they can be believed; after their testimony was investigated by the court, they are not trustworthy.” Rebbi Simeon ben Laqish said, they considered witnesses who signed a document as if their testimony had been investigated by the court. If they say, these are our signatures, and others say, these are their signatures, Rebbi Ḥiyya stated: Their [testimony] does not add and does not detract. Rebbi Yose said, our Mishnah says so, “if there are witnesses to identify their signatures, or if their signatures are confirmed from another document, they are not trustworthy.”

Rav Ḥana said, one learns from a corrected scroll, like those who say, Issi’s scribe. From letters it is problematic. Rebbi Yose ben Rebbi Abun said, only from three documents in the hands of three people.

Rebbi Ḥaggai said that Rebbi Ze‘ira asked: Can one witness testifying orally and one by a document be taken together? Is a single witness on a written document worth anything? Therefore, his question was, if there are two. They managed to confirm the first signature but not the second. Rebbi Mana asked, is one witness on a written document enough to force anybody to swear? Is a single witness on a written document worth anything? Therefore, his question was, if there are two. They managed to confirm the first signature but not the second. Parallel to it: One does not accept testimony from witnesses unless they had seen together. Rebbi Joshua ben Qorḥa says, even if they saw one after the other. Rebbi Jeremiah, Rebbi Samuel bar Rav Isaac, in the name of Rav: The Sages agree with Rebbi Joshua ben Qorḥa for witnesses about primogeniture and rights of possession.

Rebbi Ḥaggai said that Rebbi Ze‘ira asked: Can one witness testifying orally and one by a document be taken together? Is a single witness on a written document worth anything? Therefore, his question was, if there are two. They managed to confirm the first signature but not the second. Rebbi Mana asked, is one witness on a written document enough to force anybody to swear? Is a single witness on a written document worth anything? Therefore, his question was, if there are two. They managed to confirm the first signature but not the second. Parallel to it: One does not accept testimony from witnesses unless they had seen together. Rebbi Joshua ben Qorḥa says, even if they saw one after the other. Rebbi Jeremiah, Rebbi Samuel bar Rav Isaac, in the name of Rav: The Sages agree with Rebbi Joshua ben Qorḥa for witnesses about primogeniture and rights of possession.

Rebbi Abba in the name of Rebbi Jeremiah. The same holds for testimony regarding signs. In that case, it is obvious if one says, I saw two hairs on his back and the other says, I saw two hairs on his back. If one says, I saw one hair on his back and the other says, I saw one hair on his belly, that is nothing; similarly on his back and on his back. If two say, we saw one hair on his back and two others say, we saw one hair on his belly? Rebbi Yose ben Rebbi Abun and Rebbi Hoshaia ben Rebbi Shammai, one said, it is invalid, but the other said, it is valid. He who saysid it is invalid considers him as one who testifies to half a sign. He who said it is valid? Maybe they were rubbed off. One says, I saw two hairs on his back and one says, I saw two hairs on his belly. Rebbi Abba said, everybody agrees that this is valid [testimony]. Rebbi Ḥaggai said, everybody agrees that this is invalid. Rebbi Yose said, this is in disagreement. Rebbi Yose said to Rebbi Ḥaggai, does not Rebbi Yudan follow my opinion? He answered, I am disagreeing with his teacher, so much more with him. Rebbi Mana said, Rebbi Ḥaggai was correct. If a document was signed by four witnesses and it was disputed, if one person verified the signature of two [witnesses] and another that of the other two, is that worth anything? Does not every single signature need two witnesses? And here, every single hair needs two witnesses. Rebbi Ḥanania learns it from the years of possession. If one [witness] testified that he ate from the property the first, second, and third years and another [witness] testified that he ate from it the fourth, fifth, and sixth, is that worth anything? Does not every single year need two witnesses? And here, ever single hair needs two witnesses.

Rebbi Abba in the name of Rebbi Jeremiah. The same holds for testimony regarding signs. In that case, it is obvious if one says, I saw two hairs on his back and the other says, I saw two hairs on his back. If one says, I saw one hair on his back and the other says, I saw one hair on his belly, that is nothing; similarly on his back and on his back. If two say, we saw one hair on his back and two others say, we saw one hair on his belly? Rebbi Yose ben Rebbi Abun and Rebbi Hoshaia ben Rebbi Shammai, one said, it is invalid, but the other said, it is valid. He who saysid it is invalid considers him as one who testifies to half a sign. He who said it is valid? Maybe they were rubbed off. One says, I saw two hairs on his back and one says, I saw two hairs on his belly. Rebbi Abba said, everybody agrees that this is valid [testimony]. Rebbi Ḥaggai said, everybody agrees that this is invalid. Rebbi Yose said, this is in disagreement. Rebbi Yose said to Rebbi Ḥaggai, does not Rebbi Yudan follow my opinion? He answered, I am disagreeing with his teacher, so much more with him. Rebbi Mana said, Rebbi Ḥaggai was correct. If a document was signed by four witnesses and it was disputed, if one person verified the signature of two [witnesses] and another that of the other two, is that worth anything? Does not every single signature need two witnesses? And here, every single hair needs two witnesses. Rebbi Ḥanania learns it from the years of possession. If one [witness] testified that he ate from the property the first, second, and third years and another [witness] testified that he ate from it the fourth, fifth, and sixth, is that worth anything? Does not every single year need two witnesses? And here, ever single hair needs two witnesses.

“In the Land of Israel there are two legal claims to priestly status, the priestly blessings and the distribution from the threshing floor. In Syria, priestly blessings but not distribution from the threshing floor. Up to the place where the messengers for the New Moon arrive, up to Nimerin. Babylonia is like Syria. Rebbi Simeon ben Eleazar says, also in Alexandria in the time when regular courts are sitting there. Rabban Simeon ben Gamliel stated: Just as heave establishes a legal claim to priesthood, so First Tithe establishes a legal claim to priesthood. If somebody gives his heave to the court to distribute he has no legal claim to priesthood;” I am saying that the heave came to him from his mother’s father, a Cohen.

“In the Land of Israel there are two legal claims to priestly status, the priestly blessings and the distribution from the threshing floor. In Syria, priestly blessings but not distribution from the threshing floor. Up to the place where the messengers for the New Moon arrive, up to Nimerin. Babylonia is like Syria. Rebbi Simeon ben Eleazar says, also in Alexandria in the time when regular courts are sitting there. Rabban Simeon ben Gamliel stated: Just as heave establishes a legal claim to priesthood, so First Tithe establishes a legal claim to priesthood. If somebody gives his heave to the court to distribute he has no legal claim to priesthood;” I am saying that the heave came to him from his mother’s father, a Cohen.

Rebbi Ismael ben Rebbi Yose said, I never testified except once, when I raised a slave to priestly status. Rebbi Isaac Ḥaqula and Rebbi Simeon ben Rebbi, one raised a brother on the testimony of his brother, the other a son on the testimony of his father; one to the priesthood, the other to levitic status. A person came before Rebbi Hila; he said to him, this is my son and he is a Cohen. He answered him, he is your son but he is no Cohen. Rebbi Ḥiyya the elder said to him, if you believe him that he is his son, believe him that he is a Cohen. If you do not believe him that he is his son, do not believe him that he is a Cohen. He answered, he is his son but I say that he is the son of a divorcee or one who had performed ḥalîṣah. Rebbi Abin said, so he said to him: If you believe him that he is his son, believe him that he is a Cohen. If you do not believe him that he is a Cohen, do not believe him that he is his son. In that case, he would be unrelated and trustworthy in his testimony! He answered, he is his son but I say that he is the son of a divorcee or one who had performed ḥalîṣah. Did they not say, Rebbi Isaac Ḥaqula and Rebbi Simeon ben Rebbi, one raised a brother on the testimony of his brother, the other a son on the testimony of his father? Let us say that Rebbi elevated a brother on the testimony of his brother. You may even say, a son on the testimony of his father, to levitic status.

Rebbi Ismael ben Rebbi Yose said, I never testified except once, when I raised a slave to priestly status. Rebbi Isaac Ḥaqula and Rebbi Simeon ben Rebbi, one raised a brother on the testimony of his brother, the other a son on the testimony of his father; one to the priesthood, the other to levitic status. A person came before Rebbi Hila; he said to him, this is my son and he is a Cohen. He answered him, he is your son but he is no Cohen. Rebbi Ḥiyya the elder said to him, if you believe him that he is his son, believe him that he is a Cohen. If you do not believe him that he is his son, do not believe him that he is a Cohen. He answered, he is his son but I say that he is the son of a divorcee or one who had performed ḥalîṣah. Rebbi Abin said, so he said to him: If you believe him that he is his son, believe him that he is a Cohen. If you do not believe him that he is a Cohen, do not believe him that he is his son. In that case, he would be unrelated and trustworthy in his testimony! He answered, he is his son but I say that he is the son of a divorcee or one who had performed ḥalîṣah. Did they not say, Rebbi Isaac Ḥaqula and Rebbi Simeon ben Rebbi, one raised a brother on the testimony of his brother, the other a son on the testimony of his father? Let us say that Rebbi elevated a brother on the testimony of his brother. You may even say, a son on the testimony of his father, to levitic status.

Rebbi Ismael ben Rebbi Yose said, I never testified except once, when I raised a slave to priestly status. Rebbi Isaac Ḥaqula and Rebbi Simeon ben Rebbi, one raised a brother on the testimony of his brother, the other a son on the testimony of his father; one to the priesthood, the other to levitic status. A person came before Rebbi Hila; he said to him, this is my son and he is a Cohen. He answered him, he is your son but he is no Cohen. Rebbi Ḥiyya the elder said to him, if you believe him that he is his son, believe him that he is a Cohen. If you do not believe him that he is his son, do not believe him that he is a Cohen. He answered, he is his son but I say that he is the son of a divorcee or one who had performed ḥalîṣah. Rebbi Abin said, so he said to him: If you believe him that he is his son, believe him that he is a Cohen. If you do not believe him that he is a Cohen, do not believe him that he is his son. In that case, he would be unrelated and trustworthy in his testimony! He answered, he is his son but I say that he is the son of a divorcee or one who had performed ḥalîṣah. Did they not say, Rebbi Isaac Ḥaqula and Rebbi Simeon ben Rebbi, one raised a brother on the testimony of his brother, the other a son on the testimony of his father? Let us say that Rebbi elevated a brother on the testimony of his brother. You may even say, a son on the testimony of his father, to levitic status.

MISHNAH: Rebbi Jehudah says, one does not elevate to the priesthood by the testimony of one witness. Rebbi Eleazar said, when is this? If there are protesters; but if there are no protesters, one elevates to the priesthood by the testimony of one witness. Rabban Simeon ben Gamliel says in the name of Rebbi Simeon, the son of the second in command, that one elevates to the priesthood by the testimony of one witness.

And even a minor. Rebbi Immi in the name of Rebbi Joshua ben Levi: Even a minor, even a relative. Even an underage relative? Let us hear from the following: Ḥananiah from Cartes was kidnapped, he, his son, and his wife. They came before Rebbi Ḥanina who did not receive them. They came before Rebbi Joshua ben Levi who received them. This implies, even an underage relative.

And even a minor. Rebbi Immi in the name of Rebbi Joshua ben Levi: Even a minor, even a relative. Even an underage relative? Let us hear from the following: Ḥananiah from Cartes was kidnapped, he, his son, and his wife. They came before Rebbi Ḥanina who did not receive them. They came before Rebbi Joshua ben Levi who received them. This implies, even an underage relative.

Should one not worry that he might be a slave? This supports what Rebbi Ḥama bar Uqba said in the name of Rebbi Yose ben Rebbi Ḥanina: It is forbidden for a man to teach Torah to his slave. But did not Rebbi Ze‘ira say in the name of Rav Jeremiah: A slave is counted as one of the seven readers; wayedabber is counted as one of three verses! Explain it, if he learned it by himself or his master taught him like Tebi. Should one not worry that he might be a slave? This supports what Rebbi Ḥiyya stated: Women and slaves cannot share in the distribution on the threshing floor, but one gives them the gifts of priesthood and levitic status from the house.

It was stated: “That we ate in X or Y’s clipping.” What is clipping? If a man sold his inherited field, his relatives filled amphoras with roasted kernels and nuts and broke them before children. The children were collecting them and saying, X was clipped from his inheritance. When he bought it back, they were doing the same and saying, X returned to his inheritance. Rebbi Yose ben Rebbi Abun said, also if a man married an unsuitable woman, his realtives filled amphoras with roasted kernels and nuts and broke them before children. The children were collecting them and saying, X was clipped from his family. Whe he divorced her, they were doing the same and saying, X returned to his family.

“In the following cases, one is trustworthy to testify as an adult about what he saw in his minority,” etc. They are only trustworthy as adults about what they saw as minors; therefore, not as minors! There, we have stated: “A woman or a minor are trustworthy when they said, from there a swarm of bees left. He then can enter another’s field and take his swarm.” And here, you say so? Rebbi Aḥa, Rebbi Ḥananiah in the name of Rebbi Joḥanan: Rebbi Joḥanan ben Beroqa said this only about a swarm of bees because taking it is not robbery by biblical standards. Rav Oshaiah stated, only if it is swarming. But not if it clings to a branch. Rebbi Ze‘ira asked before Rebbi Mana: Is that not reasonable only when it happens, but not after some time? He said to him, I agree. And we have stated: When is this said? When they testified to what they said. But if they left and came back, I am saying that they speak out of fear or were seduced.

HALAKHAH: “The following adolescent girls,” etc. It is written: “She should be his wife,” one who can be his wife. Can the bastard girl be his wife? Rebbi Simeon ben Laqish said, “he should weigh silver appropriate for the bride-price of virgins”, that added many virgins. Rebbi Ze‘ira said, if it had said “virgin’s brides-prices”; but it says only “appropriate for the bride-price of virgins”; the verse added them only for the bride-price. But where was this said? As Ḥizqiah stated: “If refusing her father should refuse,” not only if her father refuses; from where even if from Heaven they refuse? The verse says “refusing should refuse”, in any case. But then a man who has intercourse with a slave girl should pay the fine! This is impossible, as it was stated: I could think that one who has intercourse with a Gentile slave-girl should be obligated, the verse says, “by bride-money he should take her as a wife to himself.” Only one whom he can marry; this excludes the Gentile slave whom he cannot marry. But he cannot marry his sister and he pays the fine! There is a difference since she can be married to others. But his daughter can be married to others and he does not pay the fine! There is a difference since it is a capital crime and nobody who commits a capital crime pays money.

“A Samaritan.” That follows him who said, a Samaritan is a like full Jew. But for him who says that a Samaritan is like a Gentile, it is not so. As they disagreed: A Samaritan is like a Gentile, the words of Rebbi. Rabban Simeon ben Gamliel said, a Samaritan is like a Jew in every respect. Even if you say, a Samaritan is like a Gentile, why are Samaritans disqualified? Not because of a Gentile and a slave? If a Gentile or a slave has intercourse with a Jewish woman, the child is a bastard. But a bastard girl can claim a fine! For restrictions or family relations you consider him a Gentile or a slave who had intercourse with a Jewish woman; the child is a bastard. But for a fine you consider this as a Jew having intercourse with a Gentile woman, in which case the child is a Gentile.

Rebbi Yose ben Rebbi Ḥanina said, a man who rapes or seduces an orphan girl does not have to pay. Rebbi Abba bar Mamai said, that is a disagreement, it follows Rebbi Yose the Galilean. But following Rebbi Aqiba she can claim the fine and the fine becomes her property. Rebbi Yose said, the Mishnah said “at less than three years and one day of age,” and is she not like an orphan? And did we not state: “Because he raped her,” that includes an orphan for a fine, the words of Rebbi Yose the Galilean? Rebbi Aḥai said, explain it that he had intercourse with her when her father was alive; when her father died, he already had the obligation to give to her father.

Rebbi Simeon ben Laqish said, even if he was not cautioned should he not pay since when cautioned he would be flogged? A Mishnah disagrees with Rebbi Simeon ben Laqish: “If somebody eats heave in error, he pays principal and fifth,” but if he was cautioned, will he not be flogged? He explains it following Rebbi Meïr since Rebbi Meïr said, he is flogged and pays. A Mishnah disagrees with Rebbi Simeon ben Laqish, as we have stated: “The following adolescent girls can claim a fine,” but if he was cautioned, will he not be flogged? He explains it following Rebbi Meïr since Rebbi Meïr said, he is flogged and pays. Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: Rebbi Meïr learned from the calumniator. (Deut. 22:18) “They shall punish him,” flogging; (Deut. 22:19) “and they shall fine him”, money. But the rabbis say, [the law of] the calumniator is separate because of its novelty; one cannot learn from a novelty! Because nowhere else will a person become guilty by speech, but here he becomes guilty by speech; therefore, nothing can be inferred. Another explanation: one cannot transfer the rules of either payment or flogging. Did not Rebbi Abbahu say in the name of Rebbi Joḥanan: If he [eats] fat in error but is intentional about the sacrifice, if he was cautioned he will be flogged and has to bring a sacrifice? So here, he is flogged and he pays. Rebbi Abun bar Ḥiyya in the name of Rebbi Samuel bar Rav Isaac said, (Deut. 25:2) “Because of his guilt.” If two possibilities are given to the court, one chooses one of them. This excludes matters in the power of Heaven.

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.

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.

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.

Everybody agrees that there is no money payment in capital cases, as it is written (Lev. 24:21): “The slayer of an animal must pay for it but the slayer of a human shall be put to death.” Just as you did not make a difference between unintentional and intentional action of a slayer of an animal to force him to pay money, so you should not make a difference between unintentional and intentional action of a slayer of a human to free him from paying money. Where do they differ? About money in a flogging case. Rebbi Joḥanan said, there is no money in a capital case but there is money in a flogging case, but Rebbi Simeon ben Laqish said, just as there is no money in a capital case so there is no money in a flogging case.

Rebbi Immi the Babylonian in the name of the rabbis from there: The reason of Rebbi Simeon ben Laqish is “criminal, criminal.” “Criminal” is mentioned in capital cases, “criminal” is mentioned in cases of flogging. Just as for the criminal in capital cases there is no monetary fine, so for the criminal mentioned in flogging cases there is no monetary fine.

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.

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 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 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 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.

In error for heave and intentional for leavened, in error for heave and intentional for nazir, in error for heave and intentional for the Day of Atonement. If one explains it with two things, it is fine. If one explains it for one, this is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish.

There, we have stated: “The only difference between the Sabbath and the Day of Atonement is that intentional infraction of the former is punished by the hands of man, but intentional infraction of the latter is punished by extirpation.” Therefore, for payment both follow the same rules. This is by Rebbi Neḥoniah ben Haqanah since “Rebbi Neḥoniah ben Haqanah says, the Day of Atonement follows the rules of Sabbath for payment. But Rebbi Simeon ben Menassiah says those subject to extirpation equal those subject to capital punishment.” What is between them? Rebbi Aḥa in the name of Rebbi Avina said, a menstruating adolescent girl is between them. Rebbi Mana said, also his wife’s sister is between them. In the opinion of Rebbi Neḥoniah ben Haqanah, just as the Sabbath does not become permitted after its prohibition started; so theDay of Atonement does not become permitted after its prohibition started. However, these may become permitted after their prohibition started, he has to pay. But Rebbi Simeon ben Menassiah said, extirpation applies to the Sabbath and the day of Atonement; extirpation does not apply to these, he has to pay.

There, we have stated: “The only difference between the Sabbath and the Day of Atonement is that intentional infraction of the former is punished by the hands of man, but intentional infraction of the latter is punished by extirpation.” Therefore, for payment both follow the same rules. This is by Rebbi Neḥoniah ben Haqanah since “Rebbi Neḥoniah ben Haqanah says, the Day of Atonement follows the rules of Sabbath for payment. But Rebbi Simeon ben Menassiah says those subject to extirpation equal those subject to capital punishment.” What is between them? Rebbi Aḥa in the name of Rebbi Avina said, a menstruating adolescent girl is between them. Rebbi Mana said, also his wife’s sister is between them. In the opinion of Rebbi Neḥoniah ben Haqanah, just as the Sabbath does not become permitted after its prohibition started; so theDay of Atonement does not become permitted after its prohibition started. However, these may become permitted after their prohibition started, he has to pay. But Rebbi Simeon ben Menassiah said, extirpation applies to the Sabbath and the day of Atonement; extirpation does not apply to these, he has to pay.

There, we have stated: “The only difference between the Sabbath and the Day of Atonement is that intentional infraction of the former is punished by the hands of man, but intentional infraction of the latter is punished by extirpation.” Therefore, for payment both follow the same rules. This is by Rebbi Neḥoniah ben Haqanah since “Rebbi Neḥoniah ben Haqanah says, the Day of Atonement follows the rules of Sabbath for payment. But Rebbi Simeon ben Menassiah says those subject to extirpation equal those subject to capital punishment.” What is between them? Rebbi Aḥa in the name of Rebbi Avina said, a menstruating adolescent girl is between them. Rebbi Mana said, also his wife’s sister is between them. In the opinion of Rebbi Neḥoniah ben Haqanah, just as the Sabbath does not become permitted after its prohibition started; so theDay of Atonement does not become permitted after its prohibition started. However, these may become permitted after their prohibition started, he has to pay. But Rebbi Simeon ben Menassiah said, extirpation applies to the Sabbath and the day of Atonement; extirpation does not apply to these, he has to pay.

There, we have stated: “The only difference between the Sabbath and the Day of Atonement is that intentional infraction of the former is punished by the hands of man, but intentional infraction of the latter is punished by extirpation.” Therefore, for payment both follow the same rules. This is by Rebbi Neḥoniah ben Haqanah since “Rebbi Neḥoniah ben Haqanah says, the Day of Atonement follows the rules of Sabbath for payment. But Rebbi Simeon ben Menassiah says those subject to extirpation equal those subject to capital punishment.” What is between them? Rebbi Aḥa in the name of Rebbi Avina said, a menstruating adolescent girl is between them. Rebbi Mana said, also his wife’s sister is between them. In the opinion of Rebbi Neḥoniah ben Haqanah, just as the Sabbath does not become permitted after its prohibition started; so theDay of Atonement does not become permitted after its prohibition started. However, these may become permitted after their prohibition started, he has to pay. But Rebbi Simeon ben Menassiah said, extirpation applies to the Sabbath and the day of Atonement; extirpation does not apply to these, he has to pay.

There, we have stated: “The only difference between the Sabbath and the Day of Atonement is that intentional infraction of the former is punished by the hands of man, but intentional infraction of the latter is punished by extirpation.” Therefore, for payment both follow the same rules. This is by Rebbi Neḥoniah ben Haqanah since “Rebbi Neḥoniah ben Haqanah says, the Day of Atonement follows the rules of Sabbath for payment. But Rebbi Simeon ben Menassiah says those subject to extirpation equal those subject to capital punishment.” What is between them? Rebbi Aḥa in the name of Rebbi Avina said, a menstruating adolescent girl is between them. Rebbi Mana said, also his wife’s sister is between them. In the opinion of Rebbi Neḥoniah ben Haqanah, just as the Sabbath does not become permitted after its prohibition started; so theDay of Atonement does not become permitted after its prohibition started. However, these may become permitted after their prohibition started, he has to pay. But Rebbi Simeon ben Menassiah said, extirpation applies to the Sabbath and the day of Atonement; extirpation does not apply to these, he has to pay.

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.

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.

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.

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.

According to Rebbi Simeon ben Laqish, what is between these Tannaïm and those rabbis? Prohibitions without extirpation. Rebbi Judan said, he who sleeps with a bastard girl is between them. Rebbi Ḥananiah said, he who puts fire to the grain stack of his neighbor on a holiday is between them. These Tannaïm think, since there is no extirpation, he pays. Those rabbis think, since there is flogging he does not pay. But then “these are the adolescent girls who can claim a fine” cannot follow the rabbis! Rebbi Mattaniah said, explain it according to everybody if it refers to a bastard male who sleeps with a bastard girl.

HALAKHAH: “The following cannot claim a fine,” etc. Rebbi Joḥanan said, Rebbi Jehudah excepted the kidnap victim only for the fine. Rebbi Ḥiyya stated: Also for the ketubah of a mina or 200 [zuz]. Rebbi Simeon ben Laqish said, even to let her eat heave. In the opinion of Rebbi Simeon ben Laqish, Rebbi Jehudah and Rebbi Dosa both said the same, as we have stated there: The kidnap victim eats heave, the words of Rebbi Dosa. Rebbi Ḥanina came in the name of Rebbi Simeon ben Laqish: Practice follows Rebbi Dosa.

HALAKHAH: “The following cannot claim a fine,” etc. Rebbi Joḥanan said, Rebbi Jehudah excepted the kidnap victim only for the fine. Rebbi Ḥiyya stated: Also for the ketubah of a mina or 200 [zuz]. Rebbi Simeon ben Laqish said, even to let her eat heave. In the opinion of Rebbi Simeon ben Laqish, Rebbi Jehudah and Rebbi Dosa both said the same, as we have stated there: The kidnap victim eats heave, the words of Rebbi Dosa. Rebbi Ḥanina came in the name of Rebbi Simeon ben Laqish: Practice follows Rebbi Dosa.

HALAKHAH: “The following cannot claim a fine,” etc. Rebbi Joḥanan said, Rebbi Jehudah excepted the kidnap victim only for the fine. Rebbi Ḥiyya stated: Also for the ketubah of a mina or 200 [zuz]. Rebbi Simeon ben Laqish said, even to let her eat heave. In the opinion of Rebbi Simeon ben Laqish, Rebbi Jehudah and Rebbi Dosa both said the same, as we have stated there: The kidnap victim eats heave, the words of Rebbi Dosa. Rebbi Ḥanina came in the name of Rebbi Simeon ben Laqish: Practice follows Rebbi Dosa.

Rebbi Eleazar asked: Do the daughters of the rape victim have the rights given by the ketubah stipulations? It is clear to me that the rape victim has no [ketubah] of the male children, and that the seduced victim has no [ketubah] of the male children. If you say that he questions in both cases, we could ask, do the daughters of the rape victim and the daughters of the seduced girl have the rights given by the ketubah stipulations? That is a problem following the rabbis, but it is obvious following Rebbi Yose ben Rebbi Jehudah; as it was stated: Rebbi Yose ben Rebbi Jehudah says, the rapist gives a mina as ketubah.

Rebbi Eleazar asked: Do the daughters of the rape victim have the rights given by the ketubah stipulations? It is clear to me that the rape victim has no [ketubah] of the male children, and that the seduced victim has no [ketubah] of the male children. If you say that he questions in both cases, we could ask, do the daughters of the rape victim and the daughters of the seduced girl have the rights given by the ketubah stipulations? That is a problem following the rabbis, but it is obvious following Rebbi Yose ben Rebbi Jehudah; as it was stated: Rebbi Yose ben Rebbi Jehudah says, the rapist gives a mina as ketubah.

HALAKHAH: “How does he drink from his pot,” etc. Rebbi Jeremiah, Rebbi Ḥiyya, in the name of Rebbi Simeon ben Laqish: It should not have said “she shall be his wife” for the calumniator; it is superfluous since she already is his! Why does the verse say, “she shall be his wife”? You should infer from this by an equal cut. One has to infer from “she shall be his wife”, “she shall be his”. Since “she shall be his” which is said there means a wife appropriate for him, so “she shall be his” which is said here means a wife appropriate for him. Then since “she shall be his” which is said there means a wife appropriate for him and he pays the fine, so “she shall be his” which is said here means a wife appropriate for him and he pays the fine. Rebbi Ze‘ira, Ulla [ben] Ismael, in the name of Rebbi Eleazar: It should not have said “she shall be his wife” for the calumniator; it is superfluous since she already is his! Why does the verse say, “she shall be his wife”? You should infer from this by an equal cut. One has to infer from “she shall be his wife”, “she shall be his”. Since “she shall be” which is said there means that if he divorced her one tells him to take her back, so “she shall be his” which is said here means that if he divorced her one tells him to take her back. Rebbi Ḥiyya stated: “In the cases of both the rapist and the calumniator who divorced, one forces them to take back. If they were Cohanim they absorb the forty.”

HALAKHAH: “How does he drink from his pot,” etc. Rebbi Jeremiah, Rebbi Ḥiyya, in the name of Rebbi Simeon ben Laqish: It should not have said “she shall be his wife” for the calumniator; it is superfluous since she already is his! Why does the verse say, “she shall be his wife”? You should infer from this by an equal cut. One has to infer from “she shall be his wife”, “she shall be his”. Since “she shall be his” which is said there means a wife appropriate for him, so “she shall be his” which is said here means a wife appropriate for him. Then since “she shall be his” which is said there means a wife appropriate for him and he pays the fine, so “she shall be his” which is said here means a wife appropriate for him and he pays the fine. Rebbi Ze‘ira, Ulla [ben] Ismael, in the name of Rebbi Eleazar: It should not have said “she shall be his wife” for the calumniator; it is superfluous since she already is his! Why does the verse say, “she shall be his wife”? You should infer from this by an equal cut. One has to infer from “she shall be his wife”, “she shall be his”. Since “she shall be” which is said there means that if he divorced her one tells him to take her back, so “she shall be his” which is said here means that if he divorced her one tells him to take her back. Rebbi Ḥiyya stated: “In the cases of both the rapist and the calumniator who divorced, one forces them to take back. If they were Cohanim they absorb the forty.”

There, we have stated: “He who comes to a preliminarily married adolescent is guilty only if she was an adolescent, virgin, preliminarily married, in her father’s house. If two came upon her, the first is stoned and the second strangled.” Rebbi Yasa in the name of Rebbi Joḥanan, Rebbi Ḥiyya in the name of Rebbi Eleazar: That is Rebbi Meïr’s. But following the rabbis even if she is a minor. What is Rebbi Meïr’s reason? “A lad” is written in the paragraph. How do the rabbis explain “a lad”? Rebbi Abbahu said in the name of Rebbi Simeon ben Laqish: Once in the paragraph it is written “a young woman”; this teaches that in the entire paragraph she is an adult. Rebbi Meïr objected to the rabbis: In the matter of the calumniator, “a lad” is written and she is an adult since a minor is not stoned! What do the rabbis with this? Rebbi Abin said, explain it if he came to her as to a male.

HALAKHAH: “One who says, I seduced X’s daughter,” etc. Rebbi Isaac asked: Would he have to pay the slave’s value on his own testimony? What is his problem? Are the entire 30 [šeqel] a fine or is only the excess over his value a fine? If you say, the entire 30 [šeqel] are a fine, he does not pay. If you say, the excess over his value is a fine, he pays. There, we have stated: “‘Your ox killed my slave’! The other said, ‘he did not kill’. ‘I want you to swear’ and he said ‘Amen’, he is free.” Rebbi Ḥaggai said before Rebbi Yose, explain it if he killed a slave afflicted with boils. He said to him, what does it say afterwards? “‘Your ox killed my son’! The other said, ‘he did not kill’. ‘I want you to swear’ and he said ‘Amen’, he is obligated.” Why do you not explain it that he was afflicted with boils, then he would be free. Rebbi Ḥaggai said before Rebbi Yose, explain it following him who says “he shall pay the redemption of his person”, the one’s who caused the damage. He said to him, if following him who says “he shall pay the redemption of his person”, the one’s who caused the damage, everything is a fine. Can one say to him, be also in the clear with Heaven? Let us hear from the following: It happened that Rabban Gamliel knocked out his slave Tebi’s tooth. He came to Rebbi Joshua and said to him, I found a reason to free my slave Tebi. He said to him, what do you have in your hand? Fines can be imposed only by witnesses! Could they not say to him, do your duty before Heaven? That means one does not tell him, do your duty before Heaven! Rebbi Gamliel ben Avina asked before Rebbi Mana: Does Rabban Gamliel follow him who said, it is permitted to manumit? He said to him, the story in itself implies that it is forbidden to manumit since, otherwise, he could have freed him immediately!

So far payments that are consequences of sexual relations. If somebody injured her, blinded one of her eyes, cut off one of her hands, broke one of her legs? To whom does he pay, to her or to her father? Rebbi Joḥanan said, he pays to her father; Rebbi Simeon ben Laqish said, he pays to her. Rebbi Simeon ben Laqish is of the opinion that her earnings belong to her even before she becomes an adult. Rebbi Joḥanan says, only after she comes of age. Rebbi Abin in the name of Rebbi Hila: They disagree before she comes of age, but after she is an adult everybody agrees that all belongs to her. A baraita supports either one of them. A baraita supports Rebbi Joḥanan: If somebody injures somebody else’s daughter or son, the payments for the son must be given immediately; those for the daughter shall be held as property value. Rebbi Yudan, the father of Rebbi Judah the father of Rebbi Mattaniah, said that some state it so that beginning and end support Rebbi Simeon ben Laqish: If somebody injures his own underage daughter, diminution of value belong to her and he is free from paying for shame and diminution of value. If others injure her, diminution of values belong to her, the rest shall be transformed into property value, but payments for shame and diminution of value belong to her father.

So far payments that are consequences of sexual relations. If somebody injured her, blinded one of her eyes, cut off one of her hands, broke one of her legs? To whom does he pay, to her or to her father? Rebbi Joḥanan said, he pays to her father; Rebbi Simeon ben Laqish said, he pays to her. Rebbi Simeon ben Laqish is of the opinion that her earnings belong to her even before she becomes an adult. Rebbi Joḥanan says, only after she comes of age. Rebbi Abin in the name of Rebbi Hila: They disagree before she comes of age, but after she is an adult everybody agrees that all belongs to her. A baraita supports either one of them. A baraita supports Rebbi Joḥanan: If somebody injures somebody else’s daughter or son, the payments for the son must be given immediately; those for the daughter shall be held as property value. Rebbi Yudan, the father of Rebbi Judah the father of Rebbi Mattaniah, said that some state it so that beginning and end support Rebbi Simeon ben Laqish: If somebody injures his own underage daughter, diminution of value belong to her and he is free from paying for shame and diminution of value. If others injure her, diminution of values belong to her, the rest shall be transformed into property value, but payments for shame and diminution of value belong to her father.

So far payments that are consequences of sexual relations. If somebody injured her, blinded one of her eyes, cut off one of her hands, broke one of her legs? To whom does he pay, to her or to her father? Rebbi Joḥanan said, he pays to her father; Rebbi Simeon ben Laqish said, he pays to her. Rebbi Simeon ben Laqish is of the opinion that her earnings belong to her even before she becomes an adult. Rebbi Joḥanan says, only after she comes of age. Rebbi Abin in the name of Rebbi Hila: They disagree before she comes of age, but after she is an adult everybody agrees that all belongs to her. A baraita supports either one of them. A baraita supports Rebbi Joḥanan: If somebody injures somebody else’s daughter or son, the payments for the son must be given immediately; those for the daughter shall be held as property value. Rebbi Yudan, the father of Rebbi Judah the father of Rebbi Mattaniah, said that some state it so that beginning and end support Rebbi Simeon ben Laqish: If somebody injures his own underage daughter, diminution of value belong to her and he is free from paying for shame and diminution of value. If others injure her, diminution of values belong to her, the rest shall be transformed into property value, but payments for shame and diminution of value belong to her father.

What did you see to say so? Rebbi Simeon ben Ioḥai stated: “He shall give to the girl; he shall give to the girl’s father.” How is this? If there were court proceedings before her father died, you can say “he shall give to the girl’s father”; after the father died you can say “he shall give to her”. If there were court proceedings before she became an adult, you can say “he shall give to the girl’s father”; after she became an adult you can say “he shall give to her.”

From where comes this? Rebbi Abbahu in the name of Rebbi Joḥanan: “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 fine. Rebbi Ḥiyya stated: They have no right to the fines of the daughter nor to payments for seduction or injuries. When does the fine become due? Rebbi Jonah said, from the first moment; Rebbi Yose said, at the end. Rebbi Yose objected to Rebbi Jonah: Since you say, from the first moment, did we not state: “If there were court proceedings during her father’s lifetime, [the payments] are the father’s; after the father’s death they are the brothers’”? He said to him, that refers to what Rebbi Simeon ben Ioḥai stated, “He shall give to the girl; he shall give to the girl’s father.” Rebbi Jonah objected to Rebbi Yose. In your opinion, since you say, at the end, did we not state: “If there were court proceedings before she became an adult, they are the father’s; after she became an adult they belong to herself.” Does an adult have a claim to a fine? He said to him, that refers to what Rebbi Ḥiyya stated, as Rebbi Ḥiyya stated: “Because he mistreated her,” that includes if she was an adolescent and became an adult. Does it turn out that this disagreement parallels another disagreement, as we have stated there: “If he stole from his father, slaughtered or sold, and afterwards [his father] died, …, he pays fourfold or fivefold”? Rebbi Yose objected to Rebbi Ḥaggai: In your opinion, since you say that it depends on the court proceedings, should one not state: If he stole from his father, slaughtered or sold during his father’s lifetime but did not appear in court until after his father’s death, he pays twofold? But it says fourfold or fivefold! But here, everybody agrees that they belong to herself. The only problem is whether he has to pay to her or to her father.

HALAKHAH: “If she did appear in court before she became an adult,” etc. Rebbi Simeon ben Ioḥai stated: “The man who had lain with her shall give 50 silver pieces to the girl’s father;” this teaches that the father acquires only by handing over. Rebbi Simeon says, the matter depends on the collection, but the rabbis say, the matter depends on the court procedure. Rebbi Simeon treats it as court decrees but the rabbis treat it as a loan. In the opinion of Rebbi Simeon, he forecloses from the best land; in the opinion of the rabbis he forecloses from average land. In the opinion of Rebbi Simeon, the Sabbatical year does not cancel the debt; in the opinion of the rabbis the Sabbatical year cancels the debt. In the opinion of Rebbi Simeon the firstborn takes a double portion; in the opinion of the rabbis the firstborn does not take a double portion.

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).

“I came to her and did not find her a virgin.” Should we not worry that he found and made disappear? The husband brought witnesses that she committed adultery while in her father’s house. “This is proof of my daughters virginity.” Should we not worry that this is bird’s blood? The father brought witnesses to prove perjury by the husband’s witnesses. Rebbi Yose ben Rebbi Abun said, in this paragraph there are witnesses, witnesses of perjury, and witnesses of perjury of the witnesses of perjury: The husband says, these are witnesses that she whored in her father’s house. The father brought witnesses to prove perjury of the husband’s witnesses. Rebbi Yose ben Rebbi Abun said: The father brought witnesses to prove perjury of the husband’s witnesses. And the husband brought witnesses to prove perjury of the father’s witnesses. Some Tannaïm state: “If this was true,” that the father found witnesses to prove perjury of the husband’s witnesses.

“I came to her and did not find her a virgin.” Should we not worry that he found and made disappear? The husband brought witnesses that she committed adultery while in her father’s house. “This is proof of my daughters virginity.” Should we not worry that this is bird’s blood? The father brought witnesses to prove perjury by the husband’s witnesses. Rebbi Yose ben Rebbi Abun said, in this paragraph there are witnesses, witnesses of perjury, and witnesses of perjury of the witnesses of perjury: The husband says, these are witnesses that she whored in her father’s house. The father brought witnesses to prove perjury of the husband’s witnesses. Rebbi Yose ben Rebbi Abun said: The father brought witnesses to prove perjury of the husband’s witnesses. And the husband brought witnesses to prove perjury of the father’s witnesses. Some Tannaïm state: “If this was true,” that the father found witnesses to prove perjury of the husband’s witnesses.

It was stated: Rebbi Eliezer ben Jacob says, the words should be said as they are written. What means “the words should be said as they are written”? Rebbi Yose ben Rebbi Abun said, he is not guilty unless he marries her definitively, has intercourse, and accuses her not to be a virgin. “They spread the cloth”. Not that “they spread the cloth” but until the things become clear like a cloth. Assi said, “they spread the cloth”, the witnesses are not stoned, nor is the husband flogged and pays 100 tetradrachmas, until they say: you were with us at a certain place, and the husband hired them to testify falsely. If they said, you were with us at a certain place, but they did not say, the husband hired them to testify falsely? Rebbi Yose ben Rebbi Abun, Rebbi Joḥanan in the name of Rebbi Simeon ben Laqish: It is said here “putting”, it is said there “putting”. Since “putting” there means money, also “putting” here must mean money. But did we not state: He did not say to the witnesses, come and testify in my case, but they came on their own, he is not flogged nor does he pay 100 tetradrachmas but either she or the false witnesses would be stoned’? Because he did not say. But if he said, even if he did not hire them it is as if he hired them. If the father brought two groups of witnesses. One side say, you were with us at a certain place. The other side say, the husband hired them to testify falsely. It is obvious that those who said, you were with us at a certain place, are stoned, and those who said, the husband hired them to testify falsely, are flogged and pay 100 tetradrachmas. Rebbi Yose ben Rebbi Abun said, neither by these not by those are they flogged and pay 100 tetradrachmas, but they are flogged because of “you shall not testify as a false witness against your fellow man.”

It was stated: Rebbi Eliezer ben Jacob says, the words should be said as they are written. What means “the words should be said as they are written”? Rebbi Yose ben Rebbi Abun said, he is not guilty unless he marries her definitively, has intercourse, and accuses her not to be a virgin. “They spread the cloth”. Not that “they spread the cloth” but until the things become clear like a cloth. Assi said, “they spread the cloth”, the witnesses are not stoned, nor is the husband flogged and pays 100 tetradrachmas, until they say: you were with us at a certain place, and the husband hired them to testify falsely. If they said, you were with us at a certain place, but they did not say, the husband hired them to testify falsely? Rebbi Yose ben Rebbi Abun, Rebbi Joḥanan in the name of Rebbi Simeon ben Laqish: It is said here “putting”, it is said there “putting”. Since “putting” there means money, also “putting” here must mean money. But did we not state: He did not say to the witnesses, come and testify in my case, but they came on their own, he is not flogged nor does he pay 100 tetradrachmas but either she or the false witnesses would be stoned’? Because he did not say. But if he said, even if he did not hire them it is as if he hired them. If the father brought two groups of witnesses. One side say, you were with us at a certain place. The other side say, the husband hired them to testify falsely. It is obvious that those who said, you were with us at a certain place, are stoned, and those who said, the husband hired them to testify falsely, are flogged and pay 100 tetradrachmas. Rebbi Yose ben Rebbi Abun said, neither by these not by those are they flogged and pay 100 tetradrachmas, but they are flogged because of “you shall not testify as a false witness against your fellow man.”

It was stated: Rebbi Eliezer ben Jacob says, the words should be said as they are written. What means “the words should be said as they are written”? Rebbi Yose ben Rebbi Abun said, he is not guilty unless he marries her definitively, has intercourse, and accuses her not to be a virgin. “They spread the cloth”. Not that “they spread the cloth” but until the things become clear like a cloth. Assi said, “they spread the cloth”, the witnesses are not stoned, nor is the husband flogged and pays 100 tetradrachmas, until they say: you were with us at a certain place, and the husband hired them to testify falsely. If they said, you were with us at a certain place, but they did not say, the husband hired them to testify falsely? Rebbi Yose ben Rebbi Abun, Rebbi Joḥanan in the name of Rebbi Simeon ben Laqish: It is said here “putting”, it is said there “putting”. Since “putting” there means money, also “putting” here must mean money. But did we not state: He did not say to the witnesses, come and testify in my case, but they came on their own, he is not flogged nor does he pay 100 tetradrachmas but either she or the false witnesses would be stoned’? Because he did not say. But if he said, even if he did not hire them it is as if he hired them. If the father brought two groups of witnesses. One side say, you were with us at a certain place. The other side say, the husband hired them to testify falsely. It is obvious that those who said, you were with us at a certain place, are stoned, and those who said, the husband hired them to testify falsely, are flogged and pay 100 tetradrachmas. Rebbi Yose ben Rebbi Abun said, neither by these not by those are they flogged and pay 100 tetradrachmas, but they are flogged because of “you shall not testify as a false witness against your fellow man.”

It was stated: Rebbi Eliezer ben Jacob says, the words should be said as they are written. What means “the words should be said as they are written”? Rebbi Yose ben Rebbi Abun said, he is not guilty unless he marries her definitively, has intercourse, and accuses her not to be a virgin. “They spread the cloth”. Not that “they spread the cloth” but until the things become clear like a cloth. Assi said, “they spread the cloth”, the witnesses are not stoned, nor is the husband flogged and pays 100 tetradrachmas, until they say: you were with us at a certain place, and the husband hired them to testify falsely. If they said, you were with us at a certain place, but they did not say, the husband hired them to testify falsely? Rebbi Yose ben Rebbi Abun, Rebbi Joḥanan in the name of Rebbi Simeon ben Laqish: It is said here “putting”, it is said there “putting”. Since “putting” there means money, also “putting” here must mean money. But did we not state: He did not say to the witnesses, come and testify in my case, but they came on their own, he is not flogged nor does he pay 100 tetradrachmas but either she or the false witnesses would be stoned’? Because he did not say. But if he said, even if he did not hire them it is as if he hired them. If the father brought two groups of witnesses. One side say, you were with us at a certain place. The other side say, the husband hired them to testify falsely. It is obvious that those who said, you were with us at a certain place, are stoned, and those who said, the husband hired them to testify falsely, are flogged and pay 100 tetradrachmas. Rebbi Yose ben Rebbi Abun said, neither by these not by those are they flogged and pay 100 tetradrachmas, but they are flogged because of “you shall not testify as a false witness against your fellow man.”

It was stated: Rebbi Eliezer ben Jacob says, the words should be said as they are written. What means “the words should be said as they are written”? Rebbi Yose ben Rebbi Abun said, he is not guilty unless he marries her definitively, has intercourse, and accuses her not to be a virgin. “They spread the cloth”. Not that “they spread the cloth” but until the things become clear like a cloth. Assi said, “they spread the cloth”, the witnesses are not stoned, nor is the husband flogged and pays 100 tetradrachmas, until they say: you were with us at a certain place, and the husband hired them to testify falsely. If they said, you were with us at a certain place, but they did not say, the husband hired them to testify falsely? Rebbi Yose ben Rebbi Abun, Rebbi Joḥanan in the name of Rebbi Simeon ben Laqish: It is said here “putting”, it is said there “putting”. Since “putting” there means money, also “putting” here must mean money. But did we not state: He did not say to the witnesses, come and testify in my case, but they came on their own, he is not flogged nor does he pay 100 tetradrachmas but either she or the false witnesses would be stoned’? Because he did not say. But if he said, even if he did not hire them it is as if he hired them. If the father brought two groups of witnesses. One side say, you were with us at a certain place. The other side say, the husband hired them to testify falsely. It is obvious that those who said, you were with us at a certain place, are stoned, and those who said, the husband hired them to testify falsely, are flogged and pay 100 tetradrachmas. Rebbi Yose ben Rebbi Abun said, neither by these not by those are they flogged and pay 100 tetradrachmas, but they are flogged because of “you shall not testify as a false witness against your fellow man.”

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 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 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.

HALAKHAH: “She always remains in the father’s power,” etc. Not only to the bridal chamber but to a house where the bridal chamber is. In which way? A banquet hall and a bedroom, the bridal chamber being the bedroom, and she entered the banquest hall. In which respect? Rebbi Eleazar said, to inherit from her. Rebbi Simeon ben Laqish said, to dissolve her vows. Rebbi Ze‘ira said, even though Rebbi Simeon ben Laqish said, to dissolve her vows, he agrees that he does not actually dissolve them until she enters the bridal chamber. Rebbi Huna said, a baraita supports Rebbi Simeon ben Laqish: “To whore in her father’s house,” that excludes the case that the father’s emissaries entrusted her to the husband’s emissaries, after which she should not be stoned but strangled.

HALAKHAH: “She always remains in the father’s power,” etc. Not only to the bridal chamber but to a house where the bridal chamber is. In which way? A banquet hall and a bedroom, the bridal chamber being the bedroom, and she entered the banquest hall. In which respect? Rebbi Eleazar said, to inherit from her. Rebbi Simeon ben Laqish said, to dissolve her vows. Rebbi Ze‘ira said, even though Rebbi Simeon ben Laqish said, to dissolve her vows, he agrees that he does not actually dissolve them until she enters the bridal chamber. Rebbi Huna said, a baraita supports Rebbi Simeon ben Laqish: “To whore in her father’s house,” that excludes the case that the father’s emissaries entrusted her to the husband’s emissaries, after which she should not be stoned but strangled.

HALAKHAH: “She always remains in the father’s power,” etc. Not only to the bridal chamber but to a house where the bridal chamber is. In which way? A banquet hall and a bedroom, the bridal chamber being the bedroom, and she entered the banquest hall. In which respect? Rebbi Eleazar said, to inherit from her. Rebbi Simeon ben Laqish said, to dissolve her vows. Rebbi Ze‘ira said, even though Rebbi Simeon ben Laqish said, to dissolve her vows, he agrees that he does not actually dissolve them until she enters the bridal chamber. Rebbi Huna said, a baraita supports Rebbi Simeon ben Laqish: “To whore in her father’s house,” that excludes the case that the father’s emissaries entrusted her to the husband’s emissaries, after which she should not be stoned but strangled.

MISHNAH: The father is not obligated to support his daughter. This inference did Rebbi Eleazar ben Azariah explain in the vineyard of Jabneh: “The sons shall inherit and the daughters be supported.” Since the sons do not inherit before their father’s death, neither are the daughters supported before their father’s death.

HALAKHAH: “The father is not obligated to support his daughter,” etc. It is meritorious to feed one’s daughters, unnecessary to say this of sons. Rebbi Joḥanan ben Beroqa said, it is meritorious to feed one’s daughters. Some Tannaim state, the sons are most important. Some Tannaim state, the daughters are most important. He who says the sons are most important, for the study of Torah. He who says the daughters are most important, that they should not go outside for bad behavior.

Rebbi Simeon ben Laqish in the name of Rebbi Jehudah ben Ḥananiah: They voted at Usha that a man has to feed his underage children. Rebbi Joḥanan said, we know who participated in that vote. Uqba came before Rebbi Joḥanan who said to him: Uqba, feed your children. He answered, Master, why? He said to him: Evil Uqba, feed your children. Rebbi Ulla said, a Mishnah confirms that a man has to feed his underage children, since we have stated there: “If she is nursing, she has to work less and one adds to her food.”

Rebbi Simeon ben Laqish in the name of Rebbi Jehudah ben Ḥananiah: They voted at Usha that a man has to feed his underage children. Rebbi Joḥanan said, we know who participated in that vote. Uqba came before Rebbi Joḥanan who said to him: Uqba, feed your children. He answered, Master, why? He said to him: Evil Uqba, feed your children. Rebbi Ulla said, a Mishnah confirms that a man has to feed his underage children, since we have stated there: “If she is nursing, she has to work less and one adds to her food.”

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 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 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 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?

What is the situation of grandchildren? Rebbi Mana said, [grandchildren are like children. Rebbi Yose said, grandchildren are not like children.] Rebbi Yose ben Rebbi Ḥanina and Rebbi Mattaniah were sitting together. They wanted to say, the same situation applies to grandchildren here as there. Rebbi Yose ben Rebbi Ḥanina said to him, inheritance by biblical law jumped on grandchildren.

What is the situation of grandchildren? Rebbi Mana said, [grandchildren are like children. Rebbi Yose said, grandchildren are not like children.] Rebbi Yose ben Rebbi Ḥanina and Rebbi Mattaniah were sitting together. They wanted to say, the same situation applies to grandchildren here as there. Rebbi Yose ben Rebbi Ḥanina said to him, inheritance by biblical law jumped on grandchildren.

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 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 Eleazar ben Azariah insisted on interpreting the ketubah: Rebbi Eleazar ben Azariah explained: ‘The sons shall inherit and the daughters shall be supported.’ Since the sons can only inherit after their father’s death, so the daughters can claim support only after their father’s death.

Rebbi Eleazar ben Azariah insisted on interpreting the ketubah: Rebbi Eleazar ben Azariah explained: ‘The sons shall inherit and the daughters shall be supported.’ Since the sons can only inherit after their father’s death, so the daughters can claim support only after their father’s death.