ben
6594 occurrences across the corpus
The Jerusalem Talmud
HALAKHAH: It is written: “He has to vow to the Eternal the days of his nezirut,” from the day he brings his sacrifices, the words of Rebbi. Rebbi Yose ben Rebbi Jehudah says, from the time of his shaving. Rebbi Ze‘ira in the name of Rav Hoshaia, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Where do they disagree? If he shaved on the seventh and brought his sacrifices on the eighth. But if he shaved on the eighth and brought his sacrifices on the same day, everybody agrees on the day he brings his sacrifices. Rebbi Yose said, that is, if he immersed himself on the seventh. But if he immersed himself on the eighth, the eighth takes the place of the seventh and the seventh of the eighth; he counts only from that “seventh”. If he became impure and impure again, he brings a sacrifice for each occurrence. Rebbi Ze‘ira said, that statement follows Rebbi Yose ben Rebbi Jehudah, but following Rebbi this person still stays in impure nezirut. Rebbi Hila said, where do they disagree? To count nezirut in purity. “He has to vow to the Eternal the days of his nezirut and bring.” Rebbi said, until he actually brought. Rebbi Yose ben Rebbi Jehudah says, even if he was enabled to bring the sacrifice for impurity. Everybody agrees that he brings a sacrifice for impurity. It was stated thus: If he became impure on the seventh, and again impure on the eighth, he brings a sacrifice for each occurrence. In Rebbi Ze‘ira’s opinion, following Rebbi the first sacrifice is superseded and he brings the second; following Rebbi Yose ben Rebbi Jehudah it was not superseded. In Rebbi Hila’s opinion, everybody agrees that nothing is superseded and he brings another.
HALAKHAH: It is written: “He has to vow to the Eternal the days of his nezirut,” from the day he brings his sacrifices, the words of Rebbi. Rebbi Yose ben Rebbi Jehudah says, from the time of his shaving. Rebbi Ze‘ira in the name of Rav Hoshaia, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Where do they disagree? If he shaved on the seventh and brought his sacrifices on the eighth. But if he shaved on the eighth and brought his sacrifices on the same day, everybody agrees on the day he brings his sacrifices. Rebbi Yose said, that is, if he immersed himself on the seventh. But if he immersed himself on the eighth, the eighth takes the place of the seventh and the seventh of the eighth; he counts only from that “seventh”. If he became impure and impure again, he brings a sacrifice for each occurrence. Rebbi Ze‘ira said, that statement follows Rebbi Yose ben Rebbi Jehudah, but following Rebbi this person still stays in impure nezirut. Rebbi Hila said, where do they disagree? To count nezirut in purity. “He has to vow to the Eternal the days of his nezirut and bring.” Rebbi said, until he actually brought. Rebbi Yose ben Rebbi Jehudah says, even if he was enabled to bring the sacrifice for impurity. Everybody agrees that he brings a sacrifice for impurity. It was stated thus: If he became impure on the seventh, and again impure on the eighth, he brings a sacrifice for each occurrence. In Rebbi Ze‘ira’s opinion, following Rebbi the first sacrifice is superseded and he brings the second; following Rebbi Yose ben Rebbi Jehudah it was not superseded. In Rebbi Hila’s opinion, everybody agrees that nothing is superseded and he brings another.
HALAKHAH: Rebbi Joshua ben Levi said: “The ram he shall offer, etc.” Why does the verse say, “he shall offer”? Start the procedure with it. Rebbi Ḥinena objected before Rebbi Mana: But is it not written: “He shall offer his flour offering and his libation”? Should he not start with them? How is that? Rebbi Ḥinena in the name of Rebbi Joshua ben Levi: If he shaved for any of the three, he satisfied his obligation. Rebbi Ze‘ira asked before Rebbi Mana: Who is the Tanna of: “All purification offerings in the Torah precede the reparation offerings”? Rebbi Eleazar said, it is everybody’s opinion, “all purification offerings in the Torah precede the reparation offerings.”
HALAKHAH: Rebbi Joshua ben Levi said: “The ram he shall offer, etc.” Why does the verse say, “he shall offer”? Start the procedure with it. Rebbi Ḥinena objected before Rebbi Mana: But is it not written: “He shall offer his flour offering and his libation”? Should he not start with them? How is that? Rebbi Ḥinena in the name of Rebbi Joshua ben Levi: If he shaved for any of the three, he satisfied his obligation. Rebbi Ze‘ira asked before Rebbi Mana: Who is the Tanna of: “All purification offerings in the Torah precede the reparation offerings”? Rebbi Eleazar said, it is everybody’s opinion, “all purification offerings in the Torah precede the reparation offerings.”
MISHNAH: Rabban Simeon ben Gamliel says, if he brought three animals but did not specify, the one proper for the purification offering shall be brought as purification offering, for the elevation offering shall be brought as elevation offering, for the well-being offering shall be brought as well-being offering. He took the hair shorn from his nazir head and sent it under the cooking pot; even if he shaved in the countryside he sent it under the cooking pot. When has this been said? If he shaved in purity. But if he shaved in impurity, he does not send it under the cooking pot. Rebbi Meïr says, all send under the cooking pot except the impure in the countryside.
Rebbi Yose ben Rebbi Abun in the name of Rav: He puts it into the sauce. What is the reason? “He puts it into the fire,” the sacrifice also into the fire.
Ḥilfai asked Rebbi Joḥanan and Rebbi Simeon ben Laqish, do condiments forbid with more than 200? They said to him, condiments are not in more than 200. But did we not state: “Anything which sours, flavors, or creates dema‘?” If you say about 100 or 200, even if it does not sour, flavor, or create dema‘! But we deal with grapes. Rebbi Assi in the name of Rebbi Joḥanan, if they were not raisins, but if they were raisins they are condiments in more than 200. Rebbi Ḥiyya in the name of Rebbi Joḥanan, if they were not cooked, but if they were cooked they are condiments in more than 200.
Rebbi Yasa in the name of Rebbi Joshua ben Levi in the name of Bar Pedaiah: All sources of flavor one in a hundred. Rebbi Ḥiyya in the name of Rebbi Joshua ben Levi in the name of Bar Pedaiah: All sources of flavor one in sixty. Rebbi Samuel ben Rav Isaac said to Rebbi Ḥiyya bar Abba: Rebbi Yasa disagrees with you and the Mishnah disagrees with both of you: “Anything which sours, flavors, or creates dema‘? If you say about 100 or 200, even if it does not sour, flavor, or create dema‘! Therefore, we hold even more. Rebbi Jeremiah said, explain it for meat in meat. Rebbi Yose said, meat in meat is the same as all other prohibitions since Rebbi Abbahu said in the name of Rebbi Joḥanan, one estimates as if they were onion or leeks.
Rebbi Yasa in the name of Rebbi Joshua ben Levi in the name of Bar Pedaiah: All sources of flavor one in a hundred. Rebbi Ḥiyya in the name of Rebbi Joshua ben Levi in the name of Bar Pedaiah: All sources of flavor one in sixty. Rebbi Samuel ben Rav Isaac said to Rebbi Ḥiyya bar Abba: Rebbi Yasa disagrees with you and the Mishnah disagrees with both of you: “Anything which sours, flavors, or creates dema‘? If you say about 100 or 200, even if it does not sour, flavor, or create dema‘! Therefore, we hold even more. Rebbi Jeremiah said, explain it for meat in meat. Rebbi Yose said, meat in meat is the same as all other prohibitions since Rebbi Abbahu said in the name of Rebbi Joḥanan, one estimates as if they were onion or leeks.
Rebbi Yasa in the name of Rebbi Joshua ben Levi in the name of Bar Pedaiah: All sources of flavor one in a hundred. Rebbi Ḥiyya in the name of Rebbi Joshua ben Levi in the name of Bar Pedaiah: All sources of flavor one in sixty. Rebbi Samuel ben Rav Isaac said to Rebbi Ḥiyya bar Abba: Rebbi Yasa disagrees with you and the Mishnah disagrees with both of you: “Anything which sours, flavors, or creates dema‘? If you say about 100 or 200, even if it does not sour, flavor, or create dema‘! Therefore, we hold even more. Rebbi Jeremiah said, explain it for meat in meat. Rebbi Yose said, meat in meat is the same as all other prohibitions since Rebbi Abbahu said in the name of Rebbi Joḥanan, one estimates as if they were onion or leeks.
Rebbi Yasa stated before Rebbi Joḥanan: Just as one defiles himself for a corpse of obligation, so one defiles himself for a limb of a corpse of obligation. Rebbi Joḥanan answered him: Is that so? Rebbi Jacob bar Aḥa in the name of Rebbi Ze‘ira: Explain it if he returns. It was stated: Rebbi Yose said, nobody has to defile himself for a limb from his living father, but one has to defile himself for bone the size of a barley corn from his father. Rebbi Jehudah says, just as one has to defile himself for bone the size of a barley corn from his father, so one has to defile himself for a limb from his living father. “It happened that Yose ben Paxas developed a growth on his foot. When the surgeon came to remove it, he told him to inform him when only a hair’s breadth was left. He cut until only a hair’s breadth was left, and informed him. He addressed his son Onias and told him, Onias my son, up to now you had to care for me, but leave now since nobody has to defile himself for a limb from his living father. When this came before the Sages, they said, about him it was said: “It happens that a just man is lost in his merit;” the just is lost and his merit accompanies him.
May a (High) Priest defile himself for the lifting of hands? Gabilah, the brother of Rebbi Abba bar Cohen said before Rebbi Yose in the name of Rebbi Aḥa: A Cohen defiles himself for the lifting of hands. Rebbi Aḥa heard it and said: I never told him anything. On second thoughts he said, maybe he heard from me what Rebbi Jehudah ben Pazi said in the name of Rebbi Eleazar: Every Cohen who stays in the synagogue and does not lift his hands transgresses a positive commandment, and he wanted to say that a positive commandment supersedes a negative commandment. I never told him anything. Bring him in and I will flog him!
Rebbi Jonah, Rebbi Yose the Galilean, in the name of Rebbi Yose ben Ḥanina: One does not ask rulings on practice before the bier of a deceased. But Rebbi Yoḥanan asked Rebbi Yannai before the bier of Rebbi Simeon ben Yoẓadaq about him who dedicated his elevation sacrifice for the upkeep of the Sanctuary, and he answered him! Let us say when they were bringing him to the study hall. But Rebbi Jeremiah asked Rebbi Zeïra before the bier of (Rebbi Simeon and) Rebbi Samuel bar Rav Isaac! Let us say that he answered him when he was far away; when he was close he did not answer him.
Rebbi Jonah, Rebbi Yose the Galilean, in the name of Rebbi Yose ben Ḥanina: One does not ask rulings on practice before the bier of a deceased. But Rebbi Yoḥanan asked Rebbi Yannai before the bier of Rebbi Simeon ben Yoẓadaq about him who dedicated his elevation sacrifice for the upkeep of the Sanctuary, and he answered him! Let us say when they were bringing him to the study hall. But Rebbi Jeremiah asked Rebbi Zeïra before the bier of (Rebbi Simeon and) Rebbi Samuel bar Rav Isaac! Let us say that he answered him when he was far away; when he was close he did not answer him.
The corpse of obligation acquired its place, four cubits even in a field of saffron, for on this condition did Joshua distribute the Land to Israel. When is this? If he found it in the field. But if he found it on the road, he buries it either to the right or to the left of the road. A fallow and a ploughed field, he buries it in the fallow field. A ploughed and a sown field, he buries it in the ploughed field. A vineyard and a sown field, he buries it in the sown field. A vineyard and an orchard, some Tannaïm state, he buries it in the vineyard; some Tannaïm state, he buries it in the orchard. He who says, he buries it in the vineyard but not in the orchard, because of a tent over the corpse. He who says, he buries it in the orchard but not in the vineyard because of the preparation of the grape harvest. If he switched, Rebbi Immi said in the name of Rebbi Simeon ben Laqish: He transgressed “do not defile your land.” If both were fallow, or ploughed, or sown, he buries in the one he chooses.
A Cohen and a Levite, the Levite shall defile himself. A Levite and an Israel, the Israel shall defile himself. No, is not the Levite like the Israel? Rebbi Abin said, it was taught in the time of the platform. The Sages agree with Rebbi Eliezer that between a High Priest and a nazir, the nazir shall defile himself but not the High Priest. Rebbi Eliezer agrees with the Sages that between a High Priest and a nazir, the nazir shall defile himself but not the High Priest. Think of it, if his father sanctified him from birth. The one is from the Torah, the other is not from the Torah. Rebbi Huna in the name of Rav Joseph: Rebbi Eliezer parallels the House of Shammai. As the House of Shammai say, between holy and frequent the holy has precedence, so Rebbi Eliezer says, between holy and frequent the holy has precedence. A nazir for 30 days and a nazir for 100, the nazir for 30 days shall defile himself. A nazir for 100 days and a nazir forever, the nazir for 100 days shall defile himself. A nazir forever, and a nazir of neziriot, some Tannaïm state, the nazir forever shall defile himself; but some Tannaïm state, the nazir of neziriot shall defile himself. He who says, the nazir forever shall defile himself but not the nazir of neziriot, since he shaves more frequently. He who says, the nazir of neziriot shall defile himself but not the nazir forever, since he brings more sacrifices. If he switched, it should be as Rebbi Immi said in the name of Rebbi Simeon ben Laqish: He transgressed “do not defile your land.” Here it is the same.
HALAKHAH: “The nazir shaves for the following impurities,” etc. An old man asked Rebbi Joḥanan: If the volume of an olive from a corpse makes impure, then certainly all of it also? He said to him, to include the stillbirth which did not reach the volume of an olive. He continued to ask: If a limb of a corpse makes impure, then certainly all of it also? He said to him, to include the stillbirth whose limbs did not yet jell. Rebbi Yose said, was that old man wise? His questions were not wise since after he asked the first question, it was not necessary to ask the second. If he wanted to ask both, he should have asked the second and after that the first. The students of Rebbi Yose ben Ḥalaphta asked the second but did not ask the first because it was obvious for them that if he did not reach the volume of an olive it is certain that his limbs did not yet jell. Rebbi Mana bar Ḥizqiah said, do you remember when Rebbi Jacob bar Aḥa was here, were not both questions by that old man [asked] about Ahilut that the nazir shaves for them? In addition, from what Rebbi Joḥanan said, I thought that the stillbirths were not Torah. But since he makes his mother sit days of purity, it is implied that [the rules of] stillbirths are Torah.
Rebbi Jehudah ben Pazi said, the Holy One, praise to Him, took a spoonful from the place of the altar and created Adam from it. He said, he shall have been created from the place of the altar so that he should be able to stand up. That is what is written: “The Eternal Omnipotent formed Adam the first of dust from the earth”, and it is written: “You shall build for me an altar of earth.” Since “earth” there means an altar, here also [it means] an altar. “His days should be a hundred and twenty years.” Adam the first lived close to a thousand years and you say, “his days should be a hundred and twenty years”! But after 120 years he returns to be a spoonful of decay. That is difficult. For Og, the king of Bashan, 120 years, and for a newborn baby 120 years? Og [becomes] a spoonful of decay, and a newborn baby becomes a spoonful of decay. “ The spoonful of decay which they mentioned is from his finger joints and upwards, the words of Rebbi Meïr, but the Sages say, from a fully developed hand.” Rebbi Ze‘ira, Rebbi Ḥiyya in the name of Rebbi was illustrating that of Rebbi Meïr one way, that of the rabbis in another way.
If his foot was cut off, from above the joint there is no “decay”, from below the joint there is “decay”. If it was buried together with him, from below the joint it becomes an attachment to him, from above the joint it does not become an attachment to him. The colleagues asked before Rebbi Samuel ben Eudaimon: If he bound from below the joint as attachment? He said to them, if it were so, even if it was not cut I should consider it as if cut and it should be an attachment! Since it is connected to him, it forms one body. If there is something missing, can it have “decay”? Let us hear from the following: If it is imcomplete, there is no “decay”, it does not require the surrounding earth, and it is not part of a row of graves. Rebbi Joḥanan asked, how much must be missing that it have no “decay”? Might it follow what we have stated there: “That he will die if it was removed.” Is it the same here? Think of it, if the esophagus was perforated, nothing was missing but he could not survive. You have only the following: If his foot was cut off, from below the joint there is “decay”, from above the joint there is no “decay”. If it was buried together with him, from below the joint it becomes an attachment to him, from above the joint it does not become an attachment to him.
Do stillbirths generate “decay”? For him who says that their blood induces impurity by a quartarius they generate “decay”; for him who says that their blood does not induce impurity by a quartarius, do they generate “decay”? Let us hear from the following: “Why is the dust from small heaps impure? Because women bury there their stillbirths.” Rebbi Yudan, the father of Rebbi Mattaniah, said: Would it not be reasonable otherwise, that lepers bury their limbs there? You must say that it is because of “decay”, not because a bone the size of a lentil, since it was stated: “If he took some dust from it and replaced it, [the small heap] is pure.” Explain it following Tannaïm, as it was stated: If one removed it, it remains impure; Rabban Simeon ben Gamliel declares it pure.
Rebbi Simeon ben Eleazar said, it was formulated following Rebbi Simeon, as it was stated: The spine and the skull are impure even if crushed, even disconnected, because the grave unites them as “a human in a tent”.
The Mishnah follows Rebbi Eleazar ben Azariah, as it was stated: “Rebbi Simeon ben Eleazar said, earlier the courts were divided; some said, a quartarius of blood, a quarter bones; some said, half a log of blood, a half a log of bones, for nezirut and the impurity of the Sanctuary and its sacred offerings.” Rebbi Jacob bar Idi in the name of Rebbi Simeon: They said this as explanation from the mouths of Ḥaggai, Zachariah, and Malachi.
The Mishnah follows Rebbi Eleazar ben Azariah, as it was stated: “Rebbi Simeon ben Eleazar said, earlier the courts were divided; some said, a quartarius of blood, a quarter bones; some said, half a log of blood, a half a log of bones, for nezirut and the impurity of the Sanctuary and its sacred offerings.” Rebbi Jacob bar Idi in the name of Rebbi Simeon: They said this as explanation from the mouths of Ḥaggai, Zachariah, and Malachi.
HALAKHAH: “But for overhanging branches, or protuberances,” etc. What is the status of the undistributed middle? Rebbi Joḥanan said, the undistributed middle is judged leniently. Rebbi Simeon ben Laqish said, the undistributed middle is judged restrictively. What is the undistributed middle? That is a limb from a corpse or a limb from a living body which is not sufficiently covered by flesh. Rebbi Yose asked: From where [do we infer that] a bone [induces impurity in the size of] a barley grain? Not from that verse, “or a person’s bone”? Here you require a barley grain, there you do not require a barley grain! Rebbi Samuel bar Eudaimon stated: “A slain one”, anything from a slain person, that is a limb from a corpse or a limb from a living body which is not sufficiently covered by flesh.
“They shall fall away, for his vow of nazir is impure.” From here that the days of impurity fall away. Then should he invalidate? He invalidates only the days of [impurity of] the dead. Why should they not be counted? If you say that days in which he causes [impurity to] couch and seat are counted, days in which he does not cause [impurity to] couch and seat are certainly counted! What did you see to say that they are not counted? Rebbi [] said in the name of Rebbi Simeon ben Laqish: “For a wild growth of his head’s hair”. Days of hair growth are counted, days preparing for shaving are not counted. So far in his days of counting; in the days of his definite status? Rebbi Joḥanan in the name of Rebbi Yannai: “Please do not let her be like a corpse.” Since the days of a corpse are not counted, the days of quarantine are not counted. A student quoted this saying cf Rebbi Joḥanan’s before Rebbi Simeon ben Laqish, who did not accept it. He said to him: Here, you call it quarantine, but there, you want to call it absolute; you cannot do that. For Rebbi Joḥanan said in the name of Rebbi Simeon ben Laqish: “Please do not let her be like a corpse; let her be quarantined.” Just as the days of the dead are seven, so the days of quarantine are seven.
“They shall fall away, for his vow of nazir is impure.” From here that the days of impurity fall away. Then should he invalidate? He invalidates only the days of [impurity of] the dead. Why should they not be counted? If you say that days in which he causes [impurity to] couch and seat are counted, days in which he does not cause [impurity to] couch and seat are certainly counted! What did you see to say that they are not counted? Rebbi [] said in the name of Rebbi Simeon ben Laqish: “For a wild growth of his head’s hair”. Days of hair growth are counted, days preparing for shaving are not counted. So far in his days of counting; in the days of his definite status? Rebbi Joḥanan in the name of Rebbi Yannai: “Please do not let her be like a corpse.” Since the days of a corpse are not counted, the days of quarantine are not counted. A student quoted this saying cf Rebbi Joḥanan’s before Rebbi Simeon ben Laqish, who did not accept it. He said to him: Here, you call it quarantine, but there, you want to call it absolute; you cannot do that. For Rebbi Joḥanan said in the name of Rebbi Simeon ben Laqish: “Please do not let her be like a corpse; let her be quarantined.” Just as the days of the dead are seven, so the days of quarantine are seven.
“They shall fall away, for his vow of nazir is impure.” From here that the days of impurity fall away. Then should he invalidate? He invalidates only the days of [impurity of] the dead. Why should they not be counted? If you say that days in which he causes [impurity to] couch and seat are counted, days in which he does not cause [impurity to] couch and seat are certainly counted! What did you see to say that they are not counted? Rebbi [] said in the name of Rebbi Simeon ben Laqish: “For a wild growth of his head’s hair”. Days of hair growth are counted, days preparing for shaving are not counted. So far in his days of counting; in the days of his definite status? Rebbi Joḥanan in the name of Rebbi Yannai: “Please do not let her be like a corpse.” Since the days of a corpse are not counted, the days of quarantine are not counted. A student quoted this saying cf Rebbi Joḥanan’s before Rebbi Simeon ben Laqish, who did not accept it. He said to him: Here, you call it quarantine, but there, you want to call it absolute; you cannot do that. For Rebbi Joḥanan said in the name of Rebbi Simeon ben Laqish: “Please do not let her be like a corpse; let her be quarantined.” Just as the days of the dead are seven, so the days of quarantine are seven.
Rebbi Illa said: He himself, who touched the corpse, is guilty. He said it and gave its reason: “who became impure,” that refers to the impurity of a human. But is there not a third? As Rebbi Abun bar Ḥiyya said, for impurity of a person from a person a man is guilty for impurity in the Sanctuary. They objected: If objects touch the corpse, a human the objects, and objects the human. For impurity of a person from a person, not for impurity of a person from objects. Rebbi Zeriqa in the name of Rav Hamnuna: The Tanna there disagrees with Rebbi Illa: “For an object made half of cement־earth and half of dung one is not guilty for coming to the Sanctuary” Because it is half of earth and half of dung; but if it were totally of earth, one would be guilty. Who is guilty? Not the one who touches it? Is he not the second who touches the first? Rebbi Phineas said before Rebbi Yose: Explain it if he threw it. He answered him, about him who threw it we stated: For washing his body he is subject to extirpation, for washing his garments to the forty. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose, do we not have the Mishnah in support of that first Tanna, as is stated: “Rebbi Eleazar said in the name of Rebbi Joshua: For any impurity caused by a corpse for which the nazir shaves, one is guilty if entering the Sanctuary, but for any impurity caused by a corpse for which the nazir does not shave, one is not guilty if entering the Sanctuary.” For the first, for which the nazir shaves, one is guilty if entering the Sanctuary; for the second, for which the nazir does not shave, one is not guilty if entering the Sanctuary. Rebbi Joḥanan said, it is needed from what comes from the corpse: For a quartarius of blood or a quarter qab of bones, for which the nazir does not shave, one is not guilty if entering the Sanctuary; for half a log of blood and half a qab of bones, for which the nazir shaves, one is guilty if entering the Sanctuary. Rebbi Jeremiah said, we were of the opinion that they disagree about a sacrifice, but one whips even the third, even the fourth. Rebbi Yose from Sidon stated before Rebbi Jeremiah in opposition to Rebbi Jeremiah: “For any impurity caused by a corpse for which the nazir shaves, one is guilty if entering the Sanctuary, but for any impurity caused by a corpse for which the nazir does not shave, one is not guilty if entering the Sanctuary.” Rebbi Yose ben Rebbi Abun said, Rebbi Yannai, Rebbi Joḥanan: It is needed from what comes from the corpse: For a quartarius of blood or a quarter qab of bones, for which the nazir does not shave, one is not guilty; for half a log of blood and half a qab of bones, for which the nazir shaves, one is guilty.
Rebbi Illa said: He himself, who touched the corpse, is guilty. He said it and gave its reason: “who became impure,” that refers to the impurity of a human. But is there not a third? As Rebbi Abun bar Ḥiyya said, for impurity of a person from a person a man is guilty for impurity in the Sanctuary. They objected: If objects touch the corpse, a human the objects, and objects the human. For impurity of a person from a person, not for impurity of a person from objects. Rebbi Zeriqa in the name of Rav Hamnuna: The Tanna there disagrees with Rebbi Illa: “For an object made half of cement־earth and half of dung one is not guilty for coming to the Sanctuary” Because it is half of earth and half of dung; but if it were totally of earth, one would be guilty. Who is guilty? Not the one who touches it? Is he not the second who touches the first? Rebbi Phineas said before Rebbi Yose: Explain it if he threw it. He answered him, about him who threw it we stated: For washing his body he is subject to extirpation, for washing his garments to the forty. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose, do we not have the Mishnah in support of that first Tanna, as is stated: “Rebbi Eleazar said in the name of Rebbi Joshua: For any impurity caused by a corpse for which the nazir shaves, one is guilty if entering the Sanctuary, but for any impurity caused by a corpse for which the nazir does not shave, one is not guilty if entering the Sanctuary.” For the first, for which the nazir shaves, one is guilty if entering the Sanctuary; for the second, for which the nazir does not shave, one is not guilty if entering the Sanctuary. Rebbi Joḥanan said, it is needed from what comes from the corpse: For a quartarius of blood or a quarter qab of bones, for which the nazir does not shave, one is not guilty if entering the Sanctuary; for half a log of blood and half a qab of bones, for which the nazir shaves, one is guilty if entering the Sanctuary. Rebbi Jeremiah said, we were of the opinion that they disagree about a sacrifice, but one whips even the third, even the fourth. Rebbi Yose from Sidon stated before Rebbi Jeremiah in opposition to Rebbi Jeremiah: “For any impurity caused by a corpse for which the nazir shaves, one is guilty if entering the Sanctuary, but for any impurity caused by a corpse for which the nazir does not shave, one is not guilty if entering the Sanctuary.” Rebbi Yose ben Rebbi Abun said, Rebbi Yannai, Rebbi Joḥanan: It is needed from what comes from the corpse: For a quartarius of blood or a quarter qab of bones, for which the nazir does not shave, one is not guilty; for half a log of blood and half a qab of bones, for which the nazir shaves, one is guilty.
MISHNAH: If a person said to two nezirim: I saw one of you becoming impure but I do not know which one of you it was, they bring one sacrifice of impurity and one of purity. One of them says, if I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is yours. Then they count another thirty days and bring one sacrifice of purity; (Mishnah 2) one of them says, if I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was yours, hence this is your sacrifice of purity. If one of them died, Rebbi Joshua said, he should seek out a person from the general public who would make a vow of nazir corresponding to his needs and say: If I was impure, you are a nazir immediately, but if I was pure, you are a nazir after 30 days. They count 30 days and bring one sacrifice of impurity and one of purity (Mishnah 3) and he says: If I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is questionable. Then they count another thirty days, bring one sacrifice of purity (Mishnah 4) and he says: If I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was questionable; hence this is your sacrifice of purity. Ben Zoma said to him, who would accommodate him to make a vow of nazir corresponding to his needs? But he brings a bird as purification offering and an animal as elevation offering and says: If I was impure, the purification offering is for my obligation and the elevation offering is voluntary. But if I was pure, the elevation offering is for my obligation and the purification offering is questionable. Then he counts 30 days and brings one sacrifice (of impurity and one) of purity (Mishnah 5) and says: If I was impure, the first elevation offering was voluntary and the one now is for my obligation. But if I was pure, the first elevation offering was for my obligation and now I am bringing the remainder of my sacrifices. Rebbi Joshua said, then it turns out that he brings his sacrifices piecemeal! But the Sages accepted the words of Ben Zoma.
MISHNAH: If a person said to two nezirim: I saw one of you becoming impure but I do not know which one of you it was, they bring one sacrifice of impurity and one of purity. One of them says, if I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is yours. Then they count another thirty days and bring one sacrifice of purity; (Mishnah 2) one of them says, if I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was yours, hence this is your sacrifice of purity. If one of them died, Rebbi Joshua said, he should seek out a person from the general public who would make a vow of nazir corresponding to his needs and say: If I was impure, you are a nazir immediately, but if I was pure, you are a nazir after 30 days. They count 30 days and bring one sacrifice of impurity and one of purity (Mishnah 3) and he says: If I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is questionable. Then they count another thirty days, bring one sacrifice of purity (Mishnah 4) and he says: If I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was questionable; hence this is your sacrifice of purity. Ben Zoma said to him, who would accommodate him to make a vow of nazir corresponding to his needs? But he brings a bird as purification offering and an animal as elevation offering and says: If I was impure, the purification offering is for my obligation and the elevation offering is voluntary. But if I was pure, the elevation offering is for my obligation and the purification offering is questionable. Then he counts 30 days and brings one sacrifice (of impurity and one) of purity (Mishnah 5) and says: If I was impure, the first elevation offering was voluntary and the one now is for my obligation. But if I was pure, the first elevation offering was for my obligation and now I am bringing the remainder of my sacrifices. Rebbi Joshua said, then it turns out that he brings his sacrifices piecemeal! But the Sages accepted the words of Ben Zoma.
HALAKHAH: “If a person said to two nezirim,” etc. Not only if he said to one of them, “I saw one of you becoming impure but I do not know which one of you it was,” but even if he said, “I saw one of you vowing to be a nazir but I do not know which one of you it was,” both of them have to follow the rules of nazir because of his testimony. If they do not contradict him. But if they contradict him, this does not apply. If both of them contradict, it parallels the following: “If one witness says, he became impure, but he says, I did not become impure, he is pure. If two witnesses say, he became impure, but he says, I did not become impure, the two are believed more than he is, the words of Rebbi Meïr. But the Sages say, everybody is believed about himself.” Rav Jehudah in the name of Rav: So is the Mishnah: Rebbi Meïr declares impure, Rebbi Jehudah and the Sages declare pure. Rebbi Joḥanan said, so is the Mishnah: Rebbi Meïr declares impure, Rebbi Jehudah declares pure. The rabbis’ words support Rebbi Joḥanan, since Rebbi Gurion said in the name of Rebbi Yose ben Ḥanina: Rebbi Jehudah said this only about an old impurity, for he can say to them, I had been impure but I purified myself, and we have stated: The same holds for eating suet; the same holds for entering the Sanctuary. Should they not accept his position for impurity? Because of the impurity of a nazir, could they not say, where is the sacrifice which you brought? Then should they not accept his position for heave? So far the questions of Rebbi Ḥanina.
Rebbi Mana understood it from the following: “They told him, if he wishes, he says that he did it intentionally.” What can he say for an assigned slave girl? In error, he is obligated; intentionally, he is obligated! He can tell him, I touched her but did not finish, or as Rebbi Simeon ben Laqish said, I was forced to it by the spell she put on me. For a nazir what can you say? In error, he is obligated; intentionally, he is obligated; forced, he is obligated! “Suddenly”, to include in error, “suddenly”, to include intentionally. “There was a condition in my mind that if I should become impure, my nezirut should burst away from me and a new nezirut would fall on me”; in any case he was not obligated to be a nazir until now. (“There was a condition in my mind that if I should become impure, my nezirut should burst away from me and a new nezirut would fall on me”; in any case he was not obligated to be a nazir until now.) What do you have in case of an oath? In error, he is obligated; intentionally, he is obligated! A condition may apply to words; there is no condition for oaths! It follows what Rebbi Abba said, Rav Jehudah: For error, its sacrifice, for intention, its sacrifice. But if he said, I thought that this was no oath, he is free. Therefore, all these subjects cannot be stated, but the following can be stated.
If he drank wine within the first 30 days, he is (not) whipped; within the last 30 days, he is [] whipped. The one coming from the general population cannot be whipped, either for the (second) or the last period. So far, if he was warned separately for each period. If they warned him for both together this is the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish who disagreed about the two days of holiday in the diaspora. Rebbi Joḥanan said, one accepts warning in case of a doubt; Rebbi Simeon ben Laqish said, one does not accept warning in case of a doubt.
If he drank wine within the first 30 days, he is (not) whipped; within the last 30 days, he is [] whipped. The one coming from the general population cannot be whipped, either for the (second) or the last period. So far, if he was warned separately for each period. If they warned him for both together this is the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish who disagreed about the two days of holiday in the diaspora. Rebbi Joḥanan said, one accepts warning in case of a doubt; Rebbi Simeon ben Laqish said, one does not accept warning in case of a doubt.
Rebbi Joḥanan in the name of Rebbi Benaiah: One sprinkles on an uncircumcised Jew, for we find that our forefathers in the desert received sprinkling when uncircumcised. Rav Ḥisda said, following him who said that they circumcised on the eleventh. But for him who said that they circumcised on the tenth, they did not count sprinkling when uncircumcised. Rebbi Abin said, did they not have to count for sprinkling when uncircumcised in any case? Rebbi Eleazar in the name of Rebbi Ḥanina: It happened that an uncircumcised Cohen was sprinkled and the sprinklings were declared valid. It was stated: Rebbi Eliezer ben Jacob says, there were soldiers and gate keepers in Jerusalem who immersed themselves and ate their Passover sacrifices in the evening.
How does one treat him according to Ben Zoma? He brings an animal elevation offering and shaves for it, a bird as purification offering, stipulates, and says: “If I was impure, the purification offering is for my obligation and the elevation offering is voluntary. If I was pure, the elevation offering is for my obligation and the purification offering is in doubt.” He shaves his head, beard, and eyebrows, etc.
Rebbi Joḥanan said, these are Ben Zoma’s words, but the words of the Sages: Forever is he definitively [impure] until he heave the reparation sacrifice. Rebbi Jeremiah asked: Why is he definitively [impure] until he heave the reparation sacrifice? Rebbi Yose said to him, why not? We find several reparation sacrifices which are pushed aside because of doubts! As we have stated there: “If a reparation sacrifice was mixed up with a well-being sacrifice, Rebbi Simeon says that both should be slaughtered in the North and eaten following the more restrictive rules. They said to him, one does not cause sacrifices to become invalid.
What is the status of his hair? Rebbi Jacob bar Aḥa: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed. Rebbi Joḥanan said, his hair is forbidden; Rebbi Simeon ben Laqish said, his hair is permitted. Rebbi Ze‘ira asked: Do they disagree about a sufferer from skin disease who made a vow of nazir or do they disagree about a nazir who became a sufferer from skin disease? If you say that they disagree about a sufferer from skin disease who made a vow of nazir, then for a nazir who became a sufferer from skin disease everybody agrees that it is forbidden. If you say that they disagree about a nazir who became a sufferer from skin disease, then for a sufferer from skin disease who made a vow of nazir everybody agrees that it is permitted. For Rebbi Jeremiah it was obvious that they disagreed about a sufferer from skin disease who made a vow of nazir. Therefore, for a nazir who became a sufferer from skin disease everybody agrees that it is permitted
What is the status of his hair? Rebbi Jacob bar Aḥa: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed. Rebbi Joḥanan said, his hair is forbidden; Rebbi Simeon ben Laqish said, his hair is permitted. Rebbi Ze‘ira asked: Do they disagree about a sufferer from skin disease who made a vow of nazir or do they disagree about a nazir who became a sufferer from skin disease? If you say that they disagree about a sufferer from skin disease who made a vow of nazir, then for a nazir who became a sufferer from skin disease everybody agrees that it is forbidden. If you say that they disagree about a nazir who became a sufferer from skin disease, then for a sufferer from skin disease who made a vow of nazir everybody agrees that it is permitted. For Rebbi Jeremiah it was obvious that they disagreed about a sufferer from skin disease who made a vow of nazir. Therefore, for a nazir who became a sufferer from skin disease everybody agrees that it is permitted
If the public became publicly impure in a doubtful case of a grave in the abyss, does the diadem make it acceptable? It is a conclusion de minore ad maius. Since in the case of a single person, whose position you clarified to his disadvantage in the case of known impurity, you clarified to his advantage in the case of a grave in the abyss, it should be only logical that for the public, whose position you clarified to its advantage in the case of known impurity, you should clarify it to its advantage in the case of a grave in the abyss. A leniency which you apply to a single person you treat as a restriction for the public. A leniency which you apply to a single person, so that if it became known to him after sprinkling he should be treated as if he became impure before sprinkling, that he should eat the meat. The leniency which you apply to the pure nazir is a restriction for the impure nazir. The leniency which you apply to the pure nazir, so that if it became known to him after sprinkling he is treated as impure after sprinkling, that he should bring a sacrifice of impurity. You treat it as a restriction for the impure nazir, that if it became known to him after sprinkling he is treated as somebody repeatedly becoming impure so that he has to bring a sacrifice of impurity for each single case. As it was stated: If he repeatedly became impure, he has to bring a sacrifice for each single case. If somebody is officiating for the Passover sacrifice, does the diadem make it acceptable? It is a conclusion de minore ad maius. Since for the owners [of the Passover sacrifice] whose position you clarified to their disadvantage in the case of the infirm and the aged, you clarified to their advantage in the case of a grave in the abyss, it should be only logical that for the officiating, whose position you clarified to his advantage in the case of the infirm and the aged, you should clarify it to his advantage in the case of a grave in the abyss. No. For the owners [of sacrifices] you clarify to their disadvantage in the case of impurity during the rest of the year; you also say for the officiating that you clarify their position to their disadvantage in the case of impurity during the rest of the year. Since you clarify their position to their disadvantage in the case of impurity during the rest of the year, you also clarify their position to their disadvantage in the case of the impurity of the dead on Passover. How is it really? “For you”, whether for him or for the one officiating for him. So far for the people celebrating Passover. From where the nazir? Rebbi Yose ben Rebbi Abun in the name of Rav Ḥisda: We thought, “on him”, not on the one officiating for him. Since we stated that the same rules apply to the nazir and to those celebrating Passover, it means that what holds for the one holds for the other.
“What is a grave of the abyss? A corpse buried in stubble, straw, dust, or pebbles. But if it was buried in water, a dark spot, or rock crevasses, it does not create a grave of the abyss.” The principle: Any place from where it can be removed creates a grave of the abyss; any place from where it cannot be removed does not create a grave of the abyss. Can stubbles and straw not be removed? Does the Mishnah not follow Rebbi Yose, since Rebbi Yose said, straw said to be disregarded is disregarded. Rebbi Yose ben Rebbi Abun in the name of Rav Ḥisda: It is everybody’s opinion. What Rebbi Yose said, if he mixed it with dust. “There is straw which is treated like dust and dust which is treated like straw. Straw not to be removed is like dust; dust to be removed is like straw.” In the House of Rebbi Yannai they said: If he covered it with mats it is disregarded. Come and see: If he [filled] it with mats it is not disregarded, if he covered it with mats it is disregarded. If he filled it with branches of date palms it is problematic. Rebbi Zeriqan, Rebbi Immi, in the name of Rebbi Simeon ben Laqish: Even thin sheets.
“What is a grave of the abyss? A corpse buried in stubble, straw, dust, or pebbles. But if it was buried in water, a dark spot, or rock crevasses, it does not create a grave of the abyss.” The principle: Any place from where it can be removed creates a grave of the abyss; any place from where it cannot be removed does not create a grave of the abyss. Can stubbles and straw not be removed? Does the Mishnah not follow Rebbi Yose, since Rebbi Yose said, straw said to be disregarded is disregarded. Rebbi Yose ben Rebbi Abun in the name of Rav Ḥisda: It is everybody’s opinion. What Rebbi Yose said, if he mixed it with dust. “There is straw which is treated like dust and dust which is treated like straw. Straw not to be removed is like dust; dust to be removed is like straw.” In the House of Rebbi Yannai they said: If he covered it with mats it is disregarded. Come and see: If he [filled] it with mats it is not disregarded, if he covered it with mats it is disregarded. If he filled it with branches of date palms it is problematic. Rebbi Zeriqan, Rebbi Immi, in the name of Rebbi Simeon ben Laqish: Even thin sheets.
Rebbi Yose ben Rebbi Abun said that Bar Piqa asked Rebbi: So far in a cave that had a ceiling. Even in a cave without ceiling? Does Bar Piqa think that if there is a doubt regarding floating impurity, it is pure? Rebbi told him, Bar Piqa remains in his stupidity: No case of doubt regarding floating impurity is declared pure except a reptile; but a corpse is like something fixed in place. As it was stated: “Anything thrown is pure in case of a doubt except an olive-sized piece from a corpse, [and] also those covers which induce impurity on bottom and top.”
HALAKHAH: What means “lying as usual”? His legs straight and his hands over his heart. But if he found him compressed, I am saying that a heap fell on him and killed him. But did we not state: “If he found two with their heads beside their legs, he takes them and their surroundings?” They wanted to say, what means “compressed”? Their heads beside their legs. Rebbi Isaac ben Rebbi Eleazar said, like fried fish, the head of one near the tail of the other and vice versa.
HALAKHAH: So is the Mishnah: Rebbi Neḥemia declares him not prosecutable but the Sages declare him guilty since it is not unsubstantiated. The Sages say, two estimations have precedence over one estimation; Rebbi Neḥemiah says, the intermediate estimation has precedence over the two. What is Rebbi Neḥemiah’s reason? “ ‘If he gets up and walks outside on his cane, the attacker is exonerated.’ Could you think that this one walks in the market and the other is executed because of him? But even if he died according to the first estimation he cannot be prosecuted.” What is the rabbi’s reason? “If he does not die but is bedridden.” Would we not know that even if he does not die that he will be bedridden? But if they estimated that he would die. If they estimated that he would die, that is what is written: “If he gets up and walks outside on his cane.” Therefore, if he does not get up, [the attacker] is guilty. But if they did not estimate that he would die? If they did not estimate that he would die, that is what is written: “But he has to pay for his disability.” Rebbi Ila in the name of Rebbi Simeon ben Laqish: It is an extraordinary decree of Scripture that he has to pay. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: It was an erroneous estimation. What is the difference between them? If his state improved. For him who says, it is an extraordinary decree of Scripture that he has to pay; if he paid, he paid. If he did not pay, the verse makes him pay. A baraita supports one and a baraita supports the other. A baraita supports Rebbi Yose ben Ḥanina: If they estimated that he would die, when does he have to pay him? From the moment he improves. For him who says, it was an erroneous estimation; if he did not pay one does not order him to pay. If he paid, can he take it back? This supports Rebbi Simeon ben Laqish: If they estimated that he would live but he died. From when does one have to pay him? From the moment he turns worse. Rebbi Yose said, it does not say here, “from the moment he turns worse” but “from the moment he turns better.”
HALAKHAH: So is the Mishnah: Rebbi Neḥemia declares him not prosecutable but the Sages declare him guilty since it is not unsubstantiated. The Sages say, two estimations have precedence over one estimation; Rebbi Neḥemiah says, the intermediate estimation has precedence over the two. What is Rebbi Neḥemiah’s reason? “ ‘If he gets up and walks outside on his cane, the attacker is exonerated.’ Could you think that this one walks in the market and the other is executed because of him? But even if he died according to the first estimation he cannot be prosecuted.” What is the rabbi’s reason? “If he does not die but is bedridden.” Would we not know that even if he does not die that he will be bedridden? But if they estimated that he would die. If they estimated that he would die, that is what is written: “If he gets up and walks outside on his cane.” Therefore, if he does not get up, [the attacker] is guilty. But if they did not estimate that he would die? If they did not estimate that he would die, that is what is written: “But he has to pay for his disability.” Rebbi Ila in the name of Rebbi Simeon ben Laqish: It is an extraordinary decree of Scripture that he has to pay. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: It was an erroneous estimation. What is the difference between them? If his state improved. For him who says, it is an extraordinary decree of Scripture that he has to pay; if he paid, he paid. If he did not pay, the verse makes him pay. A baraita supports one and a baraita supports the other. A baraita supports Rebbi Yose ben Ḥanina: If they estimated that he would die, when does he have to pay him? From the moment he improves. For him who says, it was an erroneous estimation; if he did not pay one does not order him to pay. If he paid, can he take it back? This supports Rebbi Simeon ben Laqish: If they estimated that he would live but he died. From when does one have to pay him? From the moment he turns worse. Rebbi Yose said, it does not say here, “from the moment he turns worse” but “from the moment he turns better.”
HALAKHAH: So is the Mishnah: Rebbi Neḥemia declares him not prosecutable but the Sages declare him guilty since it is not unsubstantiated. The Sages say, two estimations have precedence over one estimation; Rebbi Neḥemiah says, the intermediate estimation has precedence over the two. What is Rebbi Neḥemiah’s reason? “ ‘If he gets up and walks outside on his cane, the attacker is exonerated.’ Could you think that this one walks in the market and the other is executed because of him? But even if he died according to the first estimation he cannot be prosecuted.” What is the rabbi’s reason? “If he does not die but is bedridden.” Would we not know that even if he does not die that he will be bedridden? But if they estimated that he would die. If they estimated that he would die, that is what is written: “If he gets up and walks outside on his cane.” Therefore, if he does not get up, [the attacker] is guilty. But if they did not estimate that he would die? If they did not estimate that he would die, that is what is written: “But he has to pay for his disability.” Rebbi Ila in the name of Rebbi Simeon ben Laqish: It is an extraordinary decree of Scripture that he has to pay. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: It was an erroneous estimation. What is the difference between them? If his state improved. For him who says, it is an extraordinary decree of Scripture that he has to pay; if he paid, he paid. If he did not pay, the verse makes him pay. A baraita supports one and a baraita supports the other. A baraita supports Rebbi Yose ben Ḥanina: If they estimated that he would die, when does he have to pay him? From the moment he improves. For him who says, it was an erroneous estimation; if he did not pay one does not order him to pay. If he paid, can he take it back? This supports Rebbi Simeon ben Laqish: If they estimated that he would live but he died. From when does one have to pay him? From the moment he turns worse. Rebbi Yose said, it does not say here, “from the moment he turns worse” but “from the moment he turns better.”
HALAKHAH: So is the Mishnah: Rebbi Neḥemia declares him not prosecutable but the Sages declare him guilty since it is not unsubstantiated. The Sages say, two estimations have precedence over one estimation; Rebbi Neḥemiah says, the intermediate estimation has precedence over the two. What is Rebbi Neḥemiah’s reason? “ ‘If he gets up and walks outside on his cane, the attacker is exonerated.’ Could you think that this one walks in the market and the other is executed because of him? But even if he died according to the first estimation he cannot be prosecuted.” What is the rabbi’s reason? “If he does not die but is bedridden.” Would we not know that even if he does not die that he will be bedridden? But if they estimated that he would die. If they estimated that he would die, that is what is written: “If he gets up and walks outside on his cane.” Therefore, if he does not get up, [the attacker] is guilty. But if they did not estimate that he would die? If they did not estimate that he would die, that is what is written: “But he has to pay for his disability.” Rebbi Ila in the name of Rebbi Simeon ben Laqish: It is an extraordinary decree of Scripture that he has to pay. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: It was an erroneous estimation. What is the difference between them? If his state improved. For him who says, it is an extraordinary decree of Scripture that he has to pay; if he paid, he paid. If he did not pay, the verse makes him pay. A baraita supports one and a baraita supports the other. A baraita supports Rebbi Yose ben Ḥanina: If they estimated that he would die, when does he have to pay him? From the moment he improves. For him who says, it was an erroneous estimation; if he did not pay one does not order him to pay. If he paid, can he take it back? This supports Rebbi Simeon ben Laqish: If they estimated that he would live but he died. From when does one have to pay him? From the moment he turns worse. Rebbi Yose said, it does not say here, “from the moment he turns worse” but “from the moment he turns better.”
MISHNAH: Somebody who brings a bill of divorce from overseas must be able to say: “It was written and signed before me.” Rabban Gamliel says, even somebody who brings from Reqam and Ḥeger; Rebbi Eliezer says, even from Kefar Ludim to Lydda; but the Sages say that the only one who has to be able to say that it was written and signed before him is one who brings from overseas or to overseas. One who brings from one province to another overseas has to say that it was written and signed before him; Rabban Simeon ben Gamliel says, even from one district to the next.
HALAKHAH: “Somebody who brings a bill of divorce from overseas,” etc. This is difficult. If somebody brings a gift document from overseas,would you require him to say, it was written and signed before me? Rebbi Joshua ben Levi said, there is a difference because they are not conversant with the fine points of bills of divorce. Rebbi Joḥanan said, that is a leniency lest she sit abandoned. Is that a leniency? It is only a restriction, for if he does not say to her, it was written and signed before me, you do not permit her to remarry. Rebbi Yose said, the difficulty which you impose upon her at the beginning, that he is required to say, it was written and signed before me, makes it easy for her at the end. For if [the husband] would come and protest, his protest would be void. Rebbi Mana wanted to say, a protest other than the text of the bill. But is a protest about the text of the bill a protest which has no validity? Even for a protest which has validity, said Rebbi Yose ben Rebbi Abun, since you say that the reason for the difficulty which you impose upon her at the beginning, that he is required to say, it was signed before me, is to make it easy for her at the end, that if [the husband] would come and protest, his protest would be void; this means that there is no difference whether it is a protest not about the text of the bill or about the body of the bill, a protest which has no validity, or a protest which does have validity! But should you worry that maybe be gave the bill to disqualified witnesses to sign? Rebbi Abun said, he is not suspect to damage her before Heaven. Before the court he is suspect to damage her. But since he knows that if he comes and protests his protest is void, he will choose qualified witnesses to sign.
HALAKHAH: “Somebody who brings a bill of divorce from overseas,” etc. This is difficult. If somebody brings a gift document from overseas,would you require him to say, it was written and signed before me? Rebbi Joshua ben Levi said, there is a difference because they are not conversant with the fine points of bills of divorce. Rebbi Joḥanan said, that is a leniency lest she sit abandoned. Is that a leniency? It is only a restriction, for if he does not say to her, it was written and signed before me, you do not permit her to remarry. Rebbi Yose said, the difficulty which you impose upon her at the beginning, that he is required to say, it was written and signed before me, makes it easy for her at the end. For if [the husband] would come and protest, his protest would be void. Rebbi Mana wanted to say, a protest other than the text of the bill. But is a protest about the text of the bill a protest which has no validity? Even for a protest which has validity, said Rebbi Yose ben Rebbi Abun, since you say that the reason for the difficulty which you impose upon her at the beginning, that he is required to say, it was signed before me, is to make it easy for her at the end, that if [the husband] would come and protest, his protest would be void; this means that there is no difference whether it is a protest not about the text of the bill or about the body of the bill, a protest which has no validity, or a protest which does have validity! But should you worry that maybe be gave the bill to disqualified witnesses to sign? Rebbi Abun said, he is not suspect to damage her before Heaven. Before the court he is suspect to damage her. But since he knows that if he comes and protests his protest is void, he will choose qualified witnesses to sign.
If [the bill of divorce] contained documentation of a gift and [the messenger] said, it was written and signed before me, is [the husband’s] protest about the gift void since it is void about the divorce? Or, since his protest is void [only] about the divorce, is it valid about the gift? We have stated later: “Bills of divorce for wives and documents of manumission are equal in the rules of carrying and bringing.” If [the document of manumission] contained documentation of a gift and [the messenger] said, it was written and signed before me, is [the master’s] protest about the gift void since it is void about the manumission? Or since his protest is void [only] about the manumission, is it valid about the gift? If somebody signed all his property over to his slave, you say that the gift is the document of manumission. How do you treat this? Is it a document of manumission and his protest is void or is it a gift and his protest is valid? This can be compared to the following: If somebody signed all his property over to two persons in one document and the testimony of the witnesses was valid for one but invalid for the other. Rebbi Ila in the name of Rebbi Immi: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed; one said, since it is invalid for one it is invalid for the other, but the other said, it is valid for one and invalid for the other. Rebbi Mana did not specify; Rebbi Abin specified: Rebbi Joḥanan said, since it is invalid for one it is invalid for the other; but Rebbi Simeon ben Laqish said, it is valid for one and invalid for the other. Rebbi Eleazar said, a Mishnah supports Rebbi Joḥanan: “Since testimony of two [witnesses] is invalid if one of them turns out to be related or disqualified, so also of three [witnesses] it is invalid if one of them turns out to be related or disqualified”. Rebbi Jacob bar Aḥa said, Rebbi Ḥanina the colleague of the rabbis and the rabbis disagree. One says, the argument of Rebbi Eleazar is correct, but the other says, Rebbi Eleazar is not correct. For him who says, the argument of Rebbi Eleazar is correct, it is a testimony about one person; as testimony it is totally invalid if it is partially invalid. For him who says, the argument of Rebbi Eleazar is not correct, it is as if two groups of witnesses came, valid for one and disqualified for the other.
If [the bill of divorce] contained documentation of a gift and [the messenger] said, it was written and signed before me, is [the husband’s] protest about the gift void since it is void about the divorce? Or, since his protest is void [only] about the divorce, is it valid about the gift? We have stated later: “Bills of divorce for wives and documents of manumission are equal in the rules of carrying and bringing.” If [the document of manumission] contained documentation of a gift and [the messenger] said, it was written and signed before me, is [the master’s] protest about the gift void since it is void about the manumission? Or since his protest is void [only] about the manumission, is it valid about the gift? If somebody signed all his property over to his slave, you say that the gift is the document of manumission. How do you treat this? Is it a document of manumission and his protest is void or is it a gift and his protest is valid? This can be compared to the following: If somebody signed all his property over to two persons in one document and the testimony of the witnesses was valid for one but invalid for the other. Rebbi Ila in the name of Rebbi Immi: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed; one said, since it is invalid for one it is invalid for the other, but the other said, it is valid for one and invalid for the other. Rebbi Mana did not specify; Rebbi Abin specified: Rebbi Joḥanan said, since it is invalid for one it is invalid for the other; but Rebbi Simeon ben Laqish said, it is valid for one and invalid for the other. Rebbi Eleazar said, a Mishnah supports Rebbi Joḥanan: “Since testimony of two [witnesses] is invalid if one of them turns out to be related or disqualified, so also of three [witnesses] it is invalid if one of them turns out to be related or disqualified”. Rebbi Jacob bar Aḥa said, Rebbi Ḥanina the colleague of the rabbis and the rabbis disagree. One says, the argument of Rebbi Eleazar is correct, but the other says, Rebbi Eleazar is not correct. For him who says, the argument of Rebbi Eleazar is correct, it is a testimony about one person; as testimony it is totally invalid if it is partially invalid. For him who says, the argument of Rebbi Eleazar is not correct, it is as if two groups of witnesses came, valid for one and disqualified for the other.
If he did not say: “it was written and signed before me”? Should not an Amora have asked this question? He said to him, that is what Rabin ben Rav said: If he brought a bill of divorce, gave it to her, but did not tell her: “It was written and signed before me”? There came a case before Rebbi Joḥanan, who said to him, take it from her and say in front of two [witnesses]: “It was written and signed before me.” Does Rebbi Joḥanan follow Rebbi Simeon ben Eleazar, since Rebbi Simeon ben Eleazar said, it is no bill of divorce unless he tells her at the moment of delivery that it is her bill of divorce? Can the position of Rebbi Joḥanan be derived from Rebbi Simeon ben Eleazar? Would Rebbi Simeon ben Eleazar agree that if he told her at the moment of delivery that it was her bill of divorce it would not be a bill of divorce? But here, even if he tells her at the moment of delivery that it is her bill of divorce, it is no bill of divorce unless he tells her in front of two [witnesses]: “It was written and signed before me.” But Rebbi Joḥanan might hold that a woman cannot be believed if she says, I received a bill of divorce from my husband’s agents. But we did state: “The wife herself can bring her bill of divorce.” Would you not have to be afraid that she might have received the bill from a representative of the husband? How is it? The reason of Rebbi Joḥanan is to make her known as divorcee in front of two [witnesses].
If he did not say: “it was written and signed before me”? Should not an Amora have asked this question? He said to him, that is what Rabin ben Rav said: If he brought a bill of divorce, gave it to her, but did not tell her: “It was written and signed before me”? There came a case before Rebbi Joḥanan, who said to him, take it from her and say in front of two [witnesses]: “It was written and signed before me.” Does Rebbi Joḥanan follow Rebbi Simeon ben Eleazar, since Rebbi Simeon ben Eleazar said, it is no bill of divorce unless he tells her at the moment of delivery that it is her bill of divorce? Can the position of Rebbi Joḥanan be derived from Rebbi Simeon ben Eleazar? Would Rebbi Simeon ben Eleazar agree that if he told her at the moment of delivery that it was her bill of divorce it would not be a bill of divorce? But here, even if he tells her at the moment of delivery that it is her bill of divorce, it is no bill of divorce unless he tells her in front of two [witnesses]: “It was written and signed before me.” But Rebbi Joḥanan might hold that a woman cannot be believed if she says, I received a bill of divorce from my husband’s agents. But we did state: “The wife herself can bring her bill of divorce.” Would you not have to be afraid that she might have received the bill from a representative of the husband? How is it? The reason of Rebbi Joḥanan is to make her known as divorcee in front of two [witnesses].
If he did not say: “it was written and signed before me”? Should not an Amora have asked this question? He said to him, that is what Rabin ben Rav said: If he brought a bill of divorce, gave it to her, but did not tell her: “It was written and signed before me”? There came a case before Rebbi Joḥanan, who said to him, take it from her and say in front of two [witnesses]: “It was written and signed before me.” Does Rebbi Joḥanan follow Rebbi Simeon ben Eleazar, since Rebbi Simeon ben Eleazar said, it is no bill of divorce unless he tells her at the moment of delivery that it is her bill of divorce? Can the position of Rebbi Joḥanan be derived from Rebbi Simeon ben Eleazar? Would Rebbi Simeon ben Eleazar agree that if he told her at the moment of delivery that it was her bill of divorce it would not be a bill of divorce? But here, even if he tells her at the moment of delivery that it is her bill of divorce, it is no bill of divorce unless he tells her in front of two [witnesses]: “It was written and signed before me.” But Rebbi Joḥanan might hold that a woman cannot be believed if she says, I received a bill of divorce from my husband’s agents. But we did state: “The wife herself can bring her bill of divorce.” Would you not have to be afraid that she might have received the bill from a representative of the husband? How is it? The reason of Rebbi Joḥanan is to make her known as divorcee in front of two [witnesses].
If he did not say: “it was written and signed before me”? Should not an Amora have asked this question? He said to him, that is what Rabin ben Rav said: If he brought a bill of divorce, gave it to her, but did not tell her: “It was written and signed before me”? There came a case before Rebbi Joḥanan, who said to him, take it from her and say in front of two [witnesses]: “It was written and signed before me.” Does Rebbi Joḥanan follow Rebbi Simeon ben Eleazar, since Rebbi Simeon ben Eleazar said, it is no bill of divorce unless he tells her at the moment of delivery that it is her bill of divorce? Can the position of Rebbi Joḥanan be derived from Rebbi Simeon ben Eleazar? Would Rebbi Simeon ben Eleazar agree that if he told her at the moment of delivery that it was her bill of divorce it would not be a bill of divorce? But here, even if he tells her at the moment of delivery that it is her bill of divorce, it is no bill of divorce unless he tells her in front of two [witnesses]: “It was written and signed before me.” But Rebbi Joḥanan might hold that a woman cannot be believed if she says, I received a bill of divorce from my husband’s agents. But we did state: “The wife herself can bring her bill of divorce.” Would you not have to be afraid that she might have received the bill from a representative of the husband? How is it? The reason of Rebbi Joḥanan is to make her known as divorcee in front of two [witnesses].
If he did not say: “it was written and signed before me”? Should not an Amora have asked this question? He said to him, that is what Rabin ben Rav said: If he brought a bill of divorce, gave it to her, but did not tell her: “It was written and signed before me”? There came a case before Rebbi Joḥanan, who said to him, take it from her and say in front of two [witnesses]: “It was written and signed before me.” Does Rebbi Joḥanan follow Rebbi Simeon ben Eleazar, since Rebbi Simeon ben Eleazar said, it is no bill of divorce unless he tells her at the moment of delivery that it is her bill of divorce? Can the position of Rebbi Joḥanan be derived from Rebbi Simeon ben Eleazar? Would Rebbi Simeon ben Eleazar agree that if he told her at the moment of delivery that it was her bill of divorce it would not be a bill of divorce? But here, even if he tells her at the moment of delivery that it is her bill of divorce, it is no bill of divorce unless he tells her in front of two [witnesses]: “It was written and signed before me.” But Rebbi Joḥanan might hold that a woman cannot be believed if she says, I received a bill of divorce from my husband’s agents. But we did state: “The wife herself can bring her bill of divorce.” Would you not have to be afraid that she might have received the bill from a representative of the husband? How is it? The reason of Rebbi Joḥanan is to make her known as divorcee in front of two [witnesses].
A case came before Rebbi Joshua ben Levi. He said to him, it is unnecessary. The opinion of Rebbi Joshua ben Levi seems inverted. There, Rebbi Joshua ben Levi said, there is a difference because they are not conversant with the fine points of bills of divorce, but here, he says so? The colleagues in the name of Rebbi Joshua ben Levi: What you said was in earlier times when no Fellows were found outside the Land, but now that there are Fellows found outside the Land, they are competent. But did we not state, “and one who brings there”? And even if you say that no Fellows are found outside the Land, are we not found in the Land of Israel? In order not to make a distinction in the bills of divorce from outside the Land. But then one who brings from overseas should not have to say: “It was written before me and signed before me.” Not to make a distinction in the bills of divorce in the Land of Israel. What about it? One is restrictive in a simple case because of the complicated one and one is not permissive in the complicated because of the easy one. Rebbi Jacob bar Aḥa in the name of Rebbi Simeon bar Abba: This of Rebbi Joshua ben Levi, if it was done. But from the start even Rebbi Joshua ben Levi agrees.
A case came before Rebbi Joshua ben Levi. He said to him, it is unnecessary. The opinion of Rebbi Joshua ben Levi seems inverted. There, Rebbi Joshua ben Levi said, there is a difference because they are not conversant with the fine points of bills of divorce, but here, he says so? The colleagues in the name of Rebbi Joshua ben Levi: What you said was in earlier times when no Fellows were found outside the Land, but now that there are Fellows found outside the Land, they are competent. But did we not state, “and one who brings there”? And even if you say that no Fellows are found outside the Land, are we not found in the Land of Israel? In order not to make a distinction in the bills of divorce from outside the Land. But then one who brings from overseas should not have to say: “It was written before me and signed before me.” Not to make a distinction in the bills of divorce in the Land of Israel. What about it? One is restrictive in a simple case because of the complicated one and one is not permissive in the complicated because of the easy one. Rebbi Jacob bar Aḥa in the name of Rebbi Simeon bar Abba: This of Rebbi Joshua ben Levi, if it was done. But from the start even Rebbi Joshua ben Levi agrees.
A case came before Rebbi Joshua ben Levi. He said to him, it is unnecessary. The opinion of Rebbi Joshua ben Levi seems inverted. There, Rebbi Joshua ben Levi said, there is a difference because they are not conversant with the fine points of bills of divorce, but here, he says so? The colleagues in the name of Rebbi Joshua ben Levi: What you said was in earlier times when no Fellows were found outside the Land, but now that there are Fellows found outside the Land, they are competent. But did we not state, “and one who brings there”? And even if you say that no Fellows are found outside the Land, are we not found in the Land of Israel? In order not to make a distinction in the bills of divorce from outside the Land. But then one who brings from overseas should not have to say: “It was written before me and signed before me.” Not to make a distinction in the bills of divorce in the Land of Israel. What about it? One is restrictive in a simple case because of the complicated one and one is not permissive in the complicated because of the easy one. Rebbi Jacob bar Aḥa in the name of Rebbi Simeon bar Abba: This of Rebbi Joshua ben Levi, if it was done. But from the start even Rebbi Joshua ben Levi agrees.
A case came before Rebbi Joshua ben Levi. He said to him, it is unnecessary. The opinion of Rebbi Joshua ben Levi seems inverted. There, Rebbi Joshua ben Levi said, there is a difference because they are not conversant with the fine points of bills of divorce, but here, he says so? The colleagues in the name of Rebbi Joshua ben Levi: What you said was in earlier times when no Fellows were found outside the Land, but now that there are Fellows found outside the Land, they are competent. But did we not state, “and one who brings there”? And even if you say that no Fellows are found outside the Land, are we not found in the Land of Israel? In order not to make a distinction in the bills of divorce from outside the Land. But then one who brings from overseas should not have to say: “It was written before me and signed before me.” Not to make a distinction in the bills of divorce in the Land of Israel. What about it? One is restrictive in a simple case because of the complicated one and one is not permissive in the complicated because of the easy one. Rebbi Jacob bar Aḥa in the name of Rebbi Simeon bar Abba: This of Rebbi Joshua ben Levi, if it was done. But from the start even Rebbi Joshua ben Levi agrees.
A case came before Rebbi Joshua ben Levi. He said to him, it is unnecessary. The opinion of Rebbi Joshua ben Levi seems inverted. There, Rebbi Joshua ben Levi said, there is a difference because they are not conversant with the fine points of bills of divorce, but here, he says so? The colleagues in the name of Rebbi Joshua ben Levi: What you said was in earlier times when no Fellows were found outside the Land, but now that there are Fellows found outside the Land, they are competent. But did we not state, “and one who brings there”? And even if you say that no Fellows are found outside the Land, are we not found in the Land of Israel? In order not to make a distinction in the bills of divorce from outside the Land. But then one who brings from overseas should not have to say: “It was written before me and signed before me.” Not to make a distinction in the bills of divorce in the Land of Israel. What about it? One is restrictive in a simple case because of the complicated one and one is not permissive in the complicated because of the easy one. Rebbi Jacob bar Aḥa in the name of Rebbi Simeon bar Abba: This of Rebbi Joshua ben Levi, if it was done. But from the start even Rebbi Joshua ben Levi agrees.
A case came before Rebbi Joshua ben Levi. He said to him, it is unnecessary. The opinion of Rebbi Joshua ben Levi seems inverted. There, Rebbi Joshua ben Levi said, there is a difference because they are not conversant with the fine points of bills of divorce, but here, he says so? The colleagues in the name of Rebbi Joshua ben Levi: What you said was in earlier times when no Fellows were found outside the Land, but now that there are Fellows found outside the Land, they are competent. But did we not state, “and one who brings there”? And even if you say that no Fellows are found outside the Land, are we not found in the Land of Israel? In order not to make a distinction in the bills of divorce from outside the Land. But then one who brings from overseas should not have to say: “It was written before me and signed before me.” Not to make a distinction in the bills of divorce in the Land of Israel. What about it? One is restrictive in a simple case because of the complicated one and one is not permissive in the complicated because of the easy one. Rebbi Jacob bar Aḥa in the name of Rebbi Simeon bar Abba: This of Rebbi Joshua ben Levi, if it was done. But from the start even Rebbi Joshua ben Levi agrees.
Rebbi Abba in the name of Rav, Rebbi Ze‘ira in the name of Abba bar Ḥana: Two who brought a bill of divorce do not have to declare: It was written before us and signed before us. Rebbi Yose ben Yose in the name of Rebbi Joḥanan: They have to. He himself who brought the bill of divorce does not have to deliver the bill in the presence of two [witnesses] in order to declare her a divorcee in the presence of two. “If he gave her the bill, took it from her, and threw it into the sea or into a river. If later he says to her that it was an empty papyrus or a paid bond, he cannot be believed to disqualify her.” Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: If he cannot disqualify her, who can? He said to him, since she was declared a divorcee in the presence of two [witnesses], he cannot be believed to disqualify her. If he gave her a bill of divorce which was found to be invalid, they forced him to give her a replacement. This case came before the rabbis and they declared it valid. Did we not say, he cannot be believed to disqualify her? There, the flaw was not proved; here the flaw was proved. As the following: Ḥinena, the son of Rebbi Asi, was a medical doctor and threw a bill of divorce to his wife. She cried. Her neighbor came, grabbed it from her, and gave her an empty papyrus. The case came before the rabbis and they took it into account. But did not Rebbi Yasa say in Rebbi Joḥanan’s name: If the designation was checked and found to be based on [the testimony of] women or children, the designation is invalid? There, the designation was not mentioned. But here the name “bill of divorce” was mentioned. And some want to say, if he asserted that it was a valid bill of divorce, but she cried, her neighbor came, grabbed it from her, and gave her an empty papyrus.
Rebbi Ezra asked before Rebbi Mana: If a man and his wife held on to a bill of divorce; she says, I acquired it, but he says, you did not acquire. Does this refer to the disagreement between Rebbi and Rabban Simeon ben Gamliel? Since they disagreed: If creditor and borrower both hold on to the bond; the creditor says it is mine; I had lost it. The borrower says, it is mine because I paid it off. The document should be verified by its signatories, the words of Rebbi. Rabban Simeon ben Gamliel says, they should split. Rebbi Eleazar said, everything depends on who actually holds the signatures of the witnesses. Where do they disagree? If it was written lengthwise and both hold part of the signatures of the witnesses. He said to him, it is everybody’s opinion that it is not a bill of divorce if all is in her hand but a thread is in his hand, for it is written: “He shall deliver it into her hand,” not unless all be in her hand.
Rebbi Ezra asked before Rebbi Mana: If a man and his wife held on to a bill of divorce; she says, I acquired it, but he says, you did not acquire. Does this refer to the disagreement between Rebbi and Rabban Simeon ben Gamliel? Since they disagreed: If creditor and borrower both hold on to the bond; the creditor says it is mine; I had lost it. The borrower says, it is mine because I paid it off. The document should be verified by its signatories, the words of Rebbi. Rabban Simeon ben Gamliel says, they should split. Rebbi Eleazar said, everything depends on who actually holds the signatures of the witnesses. Where do they disagree? If it was written lengthwise and both hold part of the signatures of the witnesses. He said to him, it is everybody’s opinion that it is not a bill of divorce if all is in her hand but a thread is in his hand, for it is written: “He shall deliver it into her hand,” not unless all be in her hand.
It was stated: A student who gave instructions about practice in front of his teacher has committed a deadly sin. It was stated in the name of Rebbi Eliezer: Nadab and Abihu died only because they determined practice in the presence of their teacher Moses. It happened that a student gave instructions about practice in front of his teacher Rebbi Eliezer. The latter said to his wife Imma Shalom: That one will not live out his week. The week was not completed when he died. His students said to him: Rebbi, you are a prophet. He said to them (Amos 7:14) “I am neither a prophet nor the disciple of a prophet” but I have received a tradition that any student who gives instructions about practice in front of his teacher has committed a deadly sin. It was stated: A student is forbidden to give instructions about practice during the lifetime of his teacher unless he be at a distance of at least 12 mil from him, [the breadth of] the camp of Israel. What is the reason? (Num. 33:49) “They encamped along the Jordan from Bet Hayyešimot to Abel Haššiṭṭim in the plains of Moab”; how far is this? Twelve mil. Like this: Rebbi Tanḥum ben Jeremiah was in Ḥefer; they asked him and he gave instructions about practice. They said to him, did the Rabbi not teach us that a student may not give instructions about practice during the lifetime of his teacher unless he be at a distance of at least 12 mil from him, [the breadth of] the camp of Israel; and your teacher Rebbi Ḥana sits at Sepphoris! He said to them, so it should come over me that I did not know! From that moment on he did no longer give instructions.
Rebbi Aḥa said, the acts of a Gentile court are public knowledge. Then even if both [witnesses] are Samaritan? Did one not say that they are not conversant with the fine points in writing bills of divorce? But Rebbi Simeon validates their bills of divorce! Rebbi Abba in the name of Rebbi Ze‘ira: It turns out that Rebbi Simeon agrees with Rebbi Eleazar. Just as Rebbi Eleazar said, even if no witnesses signed on it, it is valid, so Rebbi Simeon said, even if no witnesses signed on it, it is valid. But then even if it was made by private persons? This shows that it was necessary that Rebbi Jacob bar Aḥa said, the acts of a Gentile court are public knowledge. A bond was executed in Bet Shean, whose witnesses were Gentiles. Rebbi Yose says, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree, one said it is invalid, the other said it is valid. Rebbi Abbahu explained: Rebbi Joḥanan said it is invalid, Rebbi Simeon ben Laqish said it is valid. What is Rebbi Simeon ben Laqish’s reason? That a Jew should not lose money. But if that one would not lose money, the other would lose money! Rebbi Yudan said, it must be in order not to close the door before people, for tomorrow one would look to borrow but does not succeed.
Rebbi Aḥa said, the acts of a Gentile court are public knowledge. Then even if both [witnesses] are Samaritan? Did one not say that they are not conversant with the fine points in writing bills of divorce? But Rebbi Simeon validates their bills of divorce! Rebbi Abba in the name of Rebbi Ze‘ira: It turns out that Rebbi Simeon agrees with Rebbi Eleazar. Just as Rebbi Eleazar said, even if no witnesses signed on it, it is valid, so Rebbi Simeon said, even if no witnesses signed on it, it is valid. But then even if it was made by private persons? This shows that it was necessary that Rebbi Jacob bar Aḥa said, the acts of a Gentile court are public knowledge. A bond was executed in Bet Shean, whose witnesses were Gentiles. Rebbi Yose says, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree, one said it is invalid, the other said it is valid. Rebbi Abbahu explained: Rebbi Joḥanan said it is invalid, Rebbi Simeon ben Laqish said it is valid. What is Rebbi Simeon ben Laqish’s reason? That a Jew should not lose money. But if that one would not lose money, the other would lose money! Rebbi Yudan said, it must be in order not to close the door before people, for tomorrow one would look to borrow but does not succeed.
Rebbi Aḥa said, the acts of a Gentile court are public knowledge. Then even if both [witnesses] are Samaritan? Did one not say that they are not conversant with the fine points in writing bills of divorce? But Rebbi Simeon validates their bills of divorce! Rebbi Abba in the name of Rebbi Ze‘ira: It turns out that Rebbi Simeon agrees with Rebbi Eleazar. Just as Rebbi Eleazar said, even if no witnesses signed on it, it is valid, so Rebbi Simeon said, even if no witnesses signed on it, it is valid. But then even if it was made by private persons? This shows that it was necessary that Rebbi Jacob bar Aḥa said, the acts of a Gentile court are public knowledge. A bond was executed in Bet Shean, whose witnesses were Gentiles. Rebbi Yose says, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree, one said it is invalid, the other said it is valid. Rebbi Abbahu explained: Rebbi Joḥanan said it is invalid, Rebbi Simeon ben Laqish said it is valid. What is Rebbi Simeon ben Laqish’s reason? That a Jew should not lose money. But if that one would not lose money, the other would lose money! Rebbi Yudan said, it must be in order not to close the door before people, for tomorrow one would look to borrow but does not succeed.
“If somebody said that all his property should be given to X, a Cohen, and [the estate] contained slaves, even if [the Cohen] said ‘I cannot have them’ they eat heave. Rabban Simeon ben Gamliel said, since he said ‘I cannot have them’, the heirs acquired them.” Rebbi Ze‘ira said, they disagree if he did not specify. How do we hold? If he accepted at the first moment, Rabban Gamliel will agree. If he did refuse at the first moment, the rabbis will agree. But we deal with the case that he did not specify. Rebbi says, nobody says ‘it is impossible’ unless he had accepted. Rabban Simeon ben Gamliel said, since he said ‘it is impossible’, the end is proof for the start.
“If somebody said that all his property should be given to X, a Cohen, and [the estate] contained slaves, even if [the Cohen] said ‘I cannot have them’ they eat heave. Rabban Simeon ben Gamliel said, since he said ‘I cannot have them’, the heirs acquired them.” Rebbi Ze‘ira said, they disagree if he did not specify. How do we hold? If he accepted at the first moment, Rabban Gamliel will agree. If he did refuse at the first moment, the rabbis will agree. But we deal with the case that he did not specify. Rebbi says, nobody says ‘it is impossible’ unless he had accepted. Rabban Simeon ben Gamliel said, since he said ‘it is impossible’, the end is proof for the start.
Explanation: Rebbi Dositheos ben Rebbi Yannai and Rebbi Yose ben Kipper descended to collect there for a colleague when they were slandered. They came and wanted to take it back from them. They answered, we already acquired it. They said, we wish for you to accept it in good faith; they answered, we are unpaid trustees. They approached Rebbi Dositheos ben Rebbi Yannai who told them, there it is, all of it. They took Rebbi Yose ben Kipper, whipped him with ropes, and took it from him. When they returned here, he went to his father and told him, look what your son did to me! He asked him, what did he do to you? He answered, if he had taken my position, they could not have taken anything from us. He asked him, why did you act in such a way? He said, I saw that they were a unanimous court, their hats were a cubit wide, they were directing blows, my brother Yose was bound and the whip ascended and descended. I said, does my father have another Dositheos? Rebbi Ḥaggai said, you say that for somebody who cannot give a warranty in good faith. But if somebody gives a warranty in good faith, one takes from this one and gives to the other.
Explanation: Rebbi Dositheos ben Rebbi Yannai and Rebbi Yose ben Kipper descended to collect there for a colleague when they were slandered. They came and wanted to take it back from them. They answered, we already acquired it. They said, we wish for you to accept it in good faith; they answered, we are unpaid trustees. They approached Rebbi Dositheos ben Rebbi Yannai who told them, there it is, all of it. They took Rebbi Yose ben Kipper, whipped him with ropes, and took it from him. When they returned here, he went to his father and told him, look what your son did to me! He asked him, what did he do to you? He answered, if he had taken my position, they could not have taken anything from us. He asked him, why did you act in such a way? He said, I saw that they were a unanimous court, their hats were a cubit wide, they were directing blows, my brother Yose was bound and the whip ascended and descended. I said, does my father have another Dositheos? Rebbi Ḥaggai said, you say that for somebody who cannot give a warranty in good faith. But if somebody gives a warranty in good faith, one takes from this one and gives to the other.
Explanation: Rebbi Dositheos ben Rebbi Yannai and Rebbi Yose ben Kipper descended to collect there for a colleague when they were slandered. They came and wanted to take it back from them. They answered, we already acquired it. They said, we wish for you to accept it in good faith; they answered, we are unpaid trustees. They approached Rebbi Dositheos ben Rebbi Yannai who told them, there it is, all of it. They took Rebbi Yose ben Kipper, whipped him with ropes, and took it from him. When they returned here, he went to his father and told him, look what your son did to me! He asked him, what did he do to you? He answered, if he had taken my position, they could not have taken anything from us. He asked him, why did you act in such a way? He said, I saw that they were a unanimous court, their hats were a cubit wide, they were directing blows, my brother Yose was bound and the whip ascended and descended. I said, does my father have another Dositheos? Rebbi Ḥaggai said, you say that for somebody who cannot give a warranty in good faith. But if somebody gives a warranty in good faith, one takes from this one and gives to the other.
Explanation: Rebbi Dositheos ben Rebbi Yannai and Rebbi Yose ben Kipper descended to collect there for a colleague when they were slandered. They came and wanted to take it back from them. They answered, we already acquired it. They said, we wish for you to accept it in good faith; they answered, we are unpaid trustees. They approached Rebbi Dositheos ben Rebbi Yannai who told them, there it is, all of it. They took Rebbi Yose ben Kipper, whipped him with ropes, and took it from him. When they returned here, he went to his father and told him, look what your son did to me! He asked him, what did he do to you? He answered, if he had taken my position, they could not have taken anything from us. He asked him, why did you act in such a way? He said, I saw that they were a unanimous court, their hats were a cubit wide, they were directing blows, my brother Yose was bound and the whip ascended and descended. I said, does my father have another Dositheos? Rebbi Ḥaggai said, you say that for somebody who cannot give a warranty in good faith. But if somebody gives a warranty in good faith, one takes from this one and gives to the other.
If there were four signatures and he said, “it was written and signed by two witnesses before me; I do not know anything about the other two.” That is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish, who disagreed: If he said to ten people, sign the bill of divorce, and some signed on that day and some the next day. Rebbi Simeon ben Laqish said, it is valid, for the remainder are only because of the condition. Rebbi Joḥanan said it is invalid unless all sign on the same day.
If there were four signatures and he said, “it was written and signed by two witnesses before me; I do not know anything about the other two.” That is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish, who disagreed: If he said to ten people, sign the bill of divorce, and some signed on that day and some the next day. Rebbi Simeon ben Laqish said, it is valid, for the remainder are only because of the condition. Rebbi Joḥanan said it is invalid unless all sign on the same day.
HALAKHAH: “If it was written during daytime and signed during daytime,” etc. Rebbi Joḥanan said, it is invalid because of the usufruct. Rebbi Simeon ben Laqish told him, then you should also be suspicious of the bills of divorce brought from overseas; maybe they were written during daytime and signed in the night! He answered him, there the forgery is intrinsic, here it is extrinsic.
Rebbi Joḥanan said, Rebbi Simeon stated this only for the night; but on the next day even Rebbi Simeon will agree. But Rebbi Simeon ben Laqish said, there is no difference, whether night, or the next day, or after many days. What is the next day? Rebbi Ḥanania and Rebbi Mana, one said the next day, the other said the day after the next. The statement of Rebbi Joḥanan about Rebbi Simeon (ben Laqish) is difficult! So says Rebbi Abba in the name of Rebbi Ze‘ira: It turns out that Rebbi Simeon (ben Laqish) agrees with Rebbi Eleazar. Just as Rebbi Eleazar said, even if there are no witnesses signed on it, it is valid, so Rebbi Simeon said, even if there are no witnesses signed on it, it is valid. Rebbi Samuel, the brother of Rebbi Berekhiah, said: Here, if he wants the document to be signed, there if she does not want the document to be signed. If he said to ten people, sign the bill of divorce, and some signed today and some the next day. Rebbi Simeon ben Laqish said, it is valid for the remainder [are signing] only because of the condition. Rebbi Joḥanan said it is invalid unless all sign on the same day. Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: There was a case that one said to ten people, sign the bill of divorce, and some signed on that day and some the next day. The case came before the rabbis who reluctantly declared it valid. This supports Rebbi Joḥanan from the position of the rabbis and disagrees with Rebbi Simeon. This supports Rebbi Simeon ben Laqish from the position of Rebbi Simeon and disagrees with the rabbis.
Rebbi Joḥanan said, Rebbi Simeon stated this only for the night; but on the next day even Rebbi Simeon will agree. But Rebbi Simeon ben Laqish said, there is no difference, whether night, or the next day, or after many days. What is the next day? Rebbi Ḥanania and Rebbi Mana, one said the next day, the other said the day after the next. The statement of Rebbi Joḥanan about Rebbi Simeon (ben Laqish) is difficult! So says Rebbi Abba in the name of Rebbi Ze‘ira: It turns out that Rebbi Simeon (ben Laqish) agrees with Rebbi Eleazar. Just as Rebbi Eleazar said, even if there are no witnesses signed on it, it is valid, so Rebbi Simeon said, even if there are no witnesses signed on it, it is valid. Rebbi Samuel, the brother of Rebbi Berekhiah, said: Here, if he wants the document to be signed, there if she does not want the document to be signed. If he said to ten people, sign the bill of divorce, and some signed today and some the next day. Rebbi Simeon ben Laqish said, it is valid for the remainder [are signing] only because of the condition. Rebbi Joḥanan said it is invalid unless all sign on the same day. Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: There was a case that one said to ten people, sign the bill of divorce, and some signed on that day and some the next day. The case came before the rabbis who reluctantly declared it valid. This supports Rebbi Joḥanan from the position of the rabbis and disagrees with Rebbi Simeon. This supports Rebbi Simeon ben Laqish from the position of Rebbi Simeon and disagrees with the rabbis.
Rebbi Joḥanan said, Rebbi Simeon stated this only for the night; but on the next day even Rebbi Simeon will agree. But Rebbi Simeon ben Laqish said, there is no difference, whether night, or the next day, or after many days. What is the next day? Rebbi Ḥanania and Rebbi Mana, one said the next day, the other said the day after the next. The statement of Rebbi Joḥanan about Rebbi Simeon (ben Laqish) is difficult! So says Rebbi Abba in the name of Rebbi Ze‘ira: It turns out that Rebbi Simeon (ben Laqish) agrees with Rebbi Eleazar. Just as Rebbi Eleazar said, even if there are no witnesses signed on it, it is valid, so Rebbi Simeon said, even if there are no witnesses signed on it, it is valid. Rebbi Samuel, the brother of Rebbi Berekhiah, said: Here, if he wants the document to be signed, there if she does not want the document to be signed. If he said to ten people, sign the bill of divorce, and some signed today and some the next day. Rebbi Simeon ben Laqish said, it is valid for the remainder [are signing] only because of the condition. Rebbi Joḥanan said it is invalid unless all sign on the same day. Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: There was a case that one said to ten people, sign the bill of divorce, and some signed on that day and some the next day. The case came before the rabbis who reluctantly declared it valid. This supports Rebbi Joḥanan from the position of the rabbis and disagrees with Rebbi Simeon. This supports Rebbi Simeon ben Laqish from the position of Rebbi Simeon and disagrees with the rabbis.
Rebbi Joḥanan said, Rebbi Simeon stated this only for the night; but on the next day even Rebbi Simeon will agree. But Rebbi Simeon ben Laqish said, there is no difference, whether night, or the next day, or after many days. What is the next day? Rebbi Ḥanania and Rebbi Mana, one said the next day, the other said the day after the next. The statement of Rebbi Joḥanan about Rebbi Simeon (ben Laqish) is difficult! So says Rebbi Abba in the name of Rebbi Ze‘ira: It turns out that Rebbi Simeon (ben Laqish) agrees with Rebbi Eleazar. Just as Rebbi Eleazar said, even if there are no witnesses signed on it, it is valid, so Rebbi Simeon said, even if there are no witnesses signed on it, it is valid. Rebbi Samuel, the brother of Rebbi Berekhiah, said: Here, if he wants the document to be signed, there if she does not want the document to be signed. If he said to ten people, sign the bill of divorce, and some signed today and some the next day. Rebbi Simeon ben Laqish said, it is valid for the remainder [are signing] only because of the condition. Rebbi Joḥanan said it is invalid unless all sign on the same day. Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: There was a case that one said to ten people, sign the bill of divorce, and some signed on that day and some the next day. The case came before the rabbis who reluctantly declared it valid. This supports Rebbi Joḥanan from the position of the rabbis and disagrees with Rebbi Simeon. This supports Rebbi Simeon ben Laqish from the position of Rebbi Simeon and disagrees with the rabbis.
Rebbi Joḥanan said, Rebbi Simeon stated this only for the night; but on the next day even Rebbi Simeon will agree. But Rebbi Simeon ben Laqish said, there is no difference, whether night, or the next day, or after many days. What is the next day? Rebbi Ḥanania and Rebbi Mana, one said the next day, the other said the day after the next. The statement of Rebbi Joḥanan about Rebbi Simeon (ben Laqish) is difficult! So says Rebbi Abba in the name of Rebbi Ze‘ira: It turns out that Rebbi Simeon (ben Laqish) agrees with Rebbi Eleazar. Just as Rebbi Eleazar said, even if there are no witnesses signed on it, it is valid, so Rebbi Simeon said, even if there are no witnesses signed on it, it is valid. Rebbi Samuel, the brother of Rebbi Berekhiah, said: Here, if he wants the document to be signed, there if she does not want the document to be signed. If he said to ten people, sign the bill of divorce, and some signed today and some the next day. Rebbi Simeon ben Laqish said, it is valid for the remainder [are signing] only because of the condition. Rebbi Joḥanan said it is invalid unless all sign on the same day. Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: There was a case that one said to ten people, sign the bill of divorce, and some signed on that day and some the next day. The case came before the rabbis who reluctantly declared it valid. This supports Rebbi Joḥanan from the position of the rabbis and disagrees with Rebbi Simeon. This supports Rebbi Simeon ben Laqish from the position of Rebbi Simeon and disagrees with the rabbis.
Rebbi Joḥanan said, Rebbi Simeon stated this only for the night; but on the next day even Rebbi Simeon will agree. But Rebbi Simeon ben Laqish said, there is no difference, whether night, or the next day, or after many days. What is the next day? Rebbi Ḥanania and Rebbi Mana, one said the next day, the other said the day after the next. The statement of Rebbi Joḥanan about Rebbi Simeon (ben Laqish) is difficult! So says Rebbi Abba in the name of Rebbi Ze‘ira: It turns out that Rebbi Simeon (ben Laqish) agrees with Rebbi Eleazar. Just as Rebbi Eleazar said, even if there are no witnesses signed on it, it is valid, so Rebbi Simeon said, even if there are no witnesses signed on it, it is valid. Rebbi Samuel, the brother of Rebbi Berekhiah, said: Here, if he wants the document to be signed, there if she does not want the document to be signed. If he said to ten people, sign the bill of divorce, and some signed today and some the next day. Rebbi Simeon ben Laqish said, it is valid for the remainder [are signing] only because of the condition. Rebbi Joḥanan said it is invalid unless all sign on the same day. Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: There was a case that one said to ten people, sign the bill of divorce, and some signed on that day and some the next day. The case came before the rabbis who reluctantly declared it valid. This supports Rebbi Joḥanan from the position of the rabbis and disagrees with Rebbi Simeon. This supports Rebbi Simeon ben Laqish from the position of Rebbi Simeon and disagrees with the rabbis.
HALAKHAH: “One writes with anything,” etc. “He shall write”, not engrave. “He shall write”, not dropping points. “He shall write”, not pouring. “He shall write”, not engrave; some Tannaïm state, he even may engrave. Rav Ḥisda said, he who says not to engrave, if the writing stands out as on a denar. He who says even to engrave, as on a writing tablet. “He shall write”, not dropping points; Rebbi Yudan bar Shalom and Rebbi Mattaniah: One said, if he did not connect the points; the other said, even if he connected the points. “He shall write”, not pouring. Rebbi Ḥiyya bar Abba said, those Orientals are very sophisticated. If one of them wants to write a secret letter to another, he writes with juice of gall-nuts. The recipient pours ink without gall over it, which is absorbed at the place of the writing. If one did that on the Sabbath, what? There, we have stated: “Writing on top of writing is not prosecutable.” Rebbi Joḥanan and Rebbi Simeon ben Laqish both said, only if he wrote ink on ink or vermilion on vermilion. But if he wrote ink on vermilion or vermilion on ink, he is guilty. Rebbi Isaac bar Mesharshia in the name of the rabbis from there: He is doubly guilty, once for erasing and once for writing.
If the witnesses do not know how to sign. Rebbi Simeon ben Laqish said, one sketches for them in ink and they sign with vermilion, or with vermilion and they sign in ink. Rebbi Joḥanan told him, because we are occupied with the rules of the Sabbath, should we permit a married woman? But he brings an blank sheet of paper and cuts it before them. Would it not have been the first person’s handwriting? One has to widen the cuts. Rebbi Mana said, why do we not say that one sketches for them with water? If he would come and protest, his protest would be accepted. If somebody tears into skin in the form of writing it is valid. If somebody sketches on skin in the form of writing it is invalid.
“This is your bill of divorce on condition that you give it to me,” is invalid. “On condition that you return it to me,” is valid. Is that not the prior case? Rebbi Yose said, after you went to court. Rebbi Yose ben Rebbi Abun said, “after you have acquired all the rights for which it was made, return it to me.” Similar to that: Etrogim were scarce over there. Rav Naḥman bar Jacob gave an etrog to his son and said to him, if you have acquired it and fulfilled its obligation, return it to me.
MISHNAH: One does not write on anything connected to the ground. If he wrote on anything connected, detached it, signed, and delivered it, it is valid, but Rebbi Jehudah declares it invalid unless both writing and signing took place when it was detached. Rebbi Jehudah ben Bathyra says, one writes neither on erased papyrus nor on διφθέρα because these can be falsified but the Sages declare valid.
HALAKHAH: “One does not write on anything connected to the ground,” etc. This does not disagree with Rebbi Joḥanan, since Rebbi Joḥanan said, writing the essential text with the formula is valid. Rebbi Simeon ben Laqish said, writing the essential text with the formula is invalid. Samuel bar Abba asked: If he wrote and signed it when detached, then he connected it again, detached it, and delivered it to her; what does Rebbi Jehudah say? Rebbi Eleazar said, Rebbi Abin asked: If he wrote and signed it when detached, then he connected again, signed, and detached it, and delivered it to her; what do the rabbis say?
Rebbi Eleazar said, where do they disagree? About bills of divorce. But for contracts even Rebbi Jehudah will agree. He explains it if the document is on a smooth surface and the witnesses on the erasure. Rebbi Simeon ben Laqish said, it makes no difference; they disagree both about bills of divorce and contracts. He explains it if the document is on a smooth surface and the witnesses on the erasure. It is difficult for Rebbi Eleazar: If the witnesses [sign] on the erasure, do the Sages declare it valid? Rebbi Ze‘ira said before Rebbi Mana: The Sages follow the argument of Rebbi Eleazar, for he explains that the document is on the erasure and the witnesses on a smooth surface. Samuel said, everything is on the erasure. Does not Rebbi Jehudah say it correctly? Rebbi Abba said, it is recognizable whether there was an erasure once or twice.
HALAKHAH: “Everybody is acceptable to write the bill of divorce,” etc. Rav Huna said, only if a sane person watches over them. Rebbi Joḥanan asked: But is it not written: “He shall write for her,” in her name? Samuel said, it is necessary that one reserve the essential text for him. This follows what Rebbi Simeon ben Laqish said, writing the essential text with the formula is invalid.
HALAKHAH: “Also those women who cannot be believed if they say that [a woman’s] husband died,” etc. Would you believe her if it was written but not signed [in her presence]? If she did not say ‘it was written in my presence, it was signed in my presence’, would you permit her to remarry? Rebbi Yose ben Rebbi Abun said, that parallels what Rebbi Abun said, he is not suspect to damage her before Heaven. Before the court he is suspect to damage her. But since he knows that if he comes and protests, his protest is void, he will choose qualified witnesses to sign.
Rav said, none of these are invalid except for the last which is invalid. Issi said, all are invalid except for the first which is not invalid. Rebbi Abba bar Ḥinena said, all are invalid. The word of Rebbi Simeon ben Laqish implied that all are invalid since Rebbi Simeon ben Laqish said, if he wrote the essential text with the formula, it is invalid. The word of Rebbi Joḥanan implied that none are invalid since Rebbi Joḥanan said, if he wrote the essential text with the formula, it is valid. Does the word of Rebbi Eleazar imply that none are invalid? Since Rebbi Eleazar asked: if one wrote a bill of preliminary marriage not for a specific name, does preliminary marriage take hold? If he had a problem with divorce, would he ask about preliminary marriage? Since in the case of divorce, where the document is required to be for a specific name and he did not write for a specific name, divorce will not touch her, is it not logical that in the case of preliminary marriage, where a specific name is not required and he did not write for a specific name, preliminary marriage take hold with her? That should be obvious to him. Really, the following is obvious to him: Since one inferred the bill of preliminary marriage only from divorce, and in the case of divorce she is not divorced, in the case of preliminary marriage she is not preliminarily married.
Rav said, none of these are invalid except for the last which is invalid. Issi said, all are invalid except for the first which is not invalid. Rebbi Abba bar Ḥinena said, all are invalid. The word of Rebbi Simeon ben Laqish implied that all are invalid since Rebbi Simeon ben Laqish said, if he wrote the essential text with the formula, it is invalid. The word of Rebbi Joḥanan implied that none are invalid since Rebbi Joḥanan said, if he wrote the essential text with the formula, it is valid. Does the word of Rebbi Eleazar imply that none are invalid? Since Rebbi Eleazar asked: if one wrote a bill of preliminary marriage not for a specific name, does preliminary marriage take hold? If he had a problem with divorce, would he ask about preliminary marriage? Since in the case of divorce, where the document is required to be for a specific name and he did not write for a specific name, divorce will not touch her, is it not logical that in the case of preliminary marriage, where a specific name is not required and he did not write for a specific name, preliminary marriage take hold with her? That should be obvious to him. Really, the following is obvious to him: Since one inferred the bill of preliminary marriage only from divorce, and in the case of divorce she is not divorced, in the case of preliminary marriage she is not preliminarily married.
Rebbi Ḥanania in the name of Rebbi Abin bar Ḥiyya, [this is Rebbi’s opinion.] Rebbi Joḥanan said, and it was stated so: “All conditions invalidate a bill of divorce, the words of Rebbi. But the Sages say, what invalidates orally invalidates in writing, and what does not invalidate orally does not invalidate in writing.” “You are permitted to marry anybody except Mr. X,” because this invalidates orally it invalidates in writing. “This is your bill of divorce on condition that you give me 200 zuz”; because this does not invalidate orally it does not invalidate in writing. Rebbi Yudan said, when do they disagree? If he rescinded his condition. But if he did nor rescind his condition, even Rebbi agrees. Otherwise, we would have to say that all conditions which were stated for bills of divorce do not follow Rebbi. Rebbi Ḥinena said, there when he writes “on condition,” here if he gives “on condition.” Rebbi Ezra asked before Rebbi Mana: Does this imply that Rebbi does not recognize formulaic texts? He answered him, about whom do you ask? About Rebbi! He follows Rebbi Jehudah, for Rebbi Jehudah invalidates formulaic texts. Rebbi Simeon ben Laqish said, everybody agrees that all conditions invalidate a bill of divorce. There came a case before Rebbi Jeremiah and he acted following Rebbi Simeon ben Laqish. Rebbi Yose said to him, does one neglect Rebbi Joḥanan and act following Rebbi Simeon ben Laqish? He answered him, is Rebbi Joḥanan’s instruction an instruction but Rebbi Simeon ben Laqish’s instruction not an instruction? Rebbi Jacob bar Aḥa said, it is not that Rebbi Simeon ben Laqish disagrees with Rebbi Joḥanan, but he understood a baraita and acted accordingly. Rebbi Yose ben Rebbi Abun said, not that Rebbi Simeon ben Laqish fights against Rebbi Joḥanan when he disagrees with him only to extract a ruling from him. If he finds a baraita, he depends on it; if he does not find a baraita, he retracts his opinion before Rebbi Joḥanan’s opinion.
Rebbi Ḥanania in the name of Rebbi Abin bar Ḥiyya, [this is Rebbi’s opinion.] Rebbi Joḥanan said, and it was stated so: “All conditions invalidate a bill of divorce, the words of Rebbi. But the Sages say, what invalidates orally invalidates in writing, and what does not invalidate orally does not invalidate in writing.” “You are permitted to marry anybody except Mr. X,” because this invalidates orally it invalidates in writing. “This is your bill of divorce on condition that you give me 200 zuz”; because this does not invalidate orally it does not invalidate in writing. Rebbi Yudan said, when do they disagree? If he rescinded his condition. But if he did nor rescind his condition, even Rebbi agrees. Otherwise, we would have to say that all conditions which were stated for bills of divorce do not follow Rebbi. Rebbi Ḥinena said, there when he writes “on condition,” here if he gives “on condition.” Rebbi Ezra asked before Rebbi Mana: Does this imply that Rebbi does not recognize formulaic texts? He answered him, about whom do you ask? About Rebbi! He follows Rebbi Jehudah, for Rebbi Jehudah invalidates formulaic texts. Rebbi Simeon ben Laqish said, everybody agrees that all conditions invalidate a bill of divorce. There came a case before Rebbi Jeremiah and he acted following Rebbi Simeon ben Laqish. Rebbi Yose said to him, does one neglect Rebbi Joḥanan and act following Rebbi Simeon ben Laqish? He answered him, is Rebbi Joḥanan’s instruction an instruction but Rebbi Simeon ben Laqish’s instruction not an instruction? Rebbi Jacob bar Aḥa said, it is not that Rebbi Simeon ben Laqish disagrees with Rebbi Joḥanan, but he understood a baraita and acted accordingly. Rebbi Yose ben Rebbi Abun said, not that Rebbi Simeon ben Laqish fights against Rebbi Joḥanan when he disagrees with him only to extract a ruling from him. If he finds a baraita, he depends on it; if he does not find a baraita, he retracts his opinion before Rebbi Joḥanan’s opinion.
Rebbi Ḥanania in the name of Rebbi Abin bar Ḥiyya, [this is Rebbi’s opinion.] Rebbi Joḥanan said, and it was stated so: “All conditions invalidate a bill of divorce, the words of Rebbi. But the Sages say, what invalidates orally invalidates in writing, and what does not invalidate orally does not invalidate in writing.” “You are permitted to marry anybody except Mr. X,” because this invalidates orally it invalidates in writing. “This is your bill of divorce on condition that you give me 200 zuz”; because this does not invalidate orally it does not invalidate in writing. Rebbi Yudan said, when do they disagree? If he rescinded his condition. But if he did nor rescind his condition, even Rebbi agrees. Otherwise, we would have to say that all conditions which were stated for bills of divorce do not follow Rebbi. Rebbi Ḥinena said, there when he writes “on condition,” here if he gives “on condition.” Rebbi Ezra asked before Rebbi Mana: Does this imply that Rebbi does not recognize formulaic texts? He answered him, about whom do you ask? About Rebbi! He follows Rebbi Jehudah, for Rebbi Jehudah invalidates formulaic texts. Rebbi Simeon ben Laqish said, everybody agrees that all conditions invalidate a bill of divorce. There came a case before Rebbi Jeremiah and he acted following Rebbi Simeon ben Laqish. Rebbi Yose said to him, does one neglect Rebbi Joḥanan and act following Rebbi Simeon ben Laqish? He answered him, is Rebbi Joḥanan’s instruction an instruction but Rebbi Simeon ben Laqish’s instruction not an instruction? Rebbi Jacob bar Aḥa said, it is not that Rebbi Simeon ben Laqish disagrees with Rebbi Joḥanan, but he understood a baraita and acted accordingly. Rebbi Yose ben Rebbi Abun said, not that Rebbi Simeon ben Laqish fights against Rebbi Joḥanan when he disagrees with him only to extract a ruling from him. If he finds a baraita, he depends on it; if he does not find a baraita, he retracts his opinion before Rebbi Joḥanan’s opinion.