beroqa

The colleagues in the name of Rebbi Joḥanan: Because of the children lest they should eat ṭevel. Rebbi La in the name of Rebbi Joḥanan, in retail, because the seller takes the large margin, the seller separates. In wholesale, because the buyer will take the large margin, the buyer separates. One statement supports one and another statement supports the other. A statement supports the colleagues: “Rebbi Neḥemiah said, that which is connected to a retail outlet is like retail, connected to a wholesale outlet it is wholesale.” A statement supports Rebbi La. It was stated: “Rebbi Ismael ben Rebbi Joḥanan ben Beroqa said, if he measured with a retail measure, he is obligated. Even if he did measure only one seah and a quarter qab, he must tithe the quarter qab.” Rebbi Zeïra said, computation of gain is between them. If he measured for him the seah at the rate of quarter qabs, since the seller takes the large margin, the seller separates. If he measures the quarter qab at the rate of seahs, since the buyer will take the large margin, the buyer separates.

Rebbi Jacob bar Aḥa, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: One disagrees with this Mishnah teacher. How is that? It turns out that Rebbi Joḥanan concerning heaves parallels Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa concerning sanctification, and Rebbi Joḥanan concerning divorces parallels the rabbis concerning sanctification, as we have stated: “The sanctifications of a deaf-mute person, an insane, and a minor who sanctified are no sanctifications. Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa says, if they are alone, their sanctifications are no sanctifications. Together with others, their sanctifications are sanctifications.”

Rebbi Jacob bar Aḥa, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: One disagrees with this Mishnah teacher. How is that? It turns out that Rebbi Joḥanan concerning heaves parallels Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa concerning sanctification, and Rebbi Joḥanan concerning divorces parallels the rabbis concerning sanctification, as we have stated: “The sanctifications of a deaf-mute person, an insane, and a minor who sanctified are no sanctifications. Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa says, if they are alone, their sanctifications are no sanctifications. Together with others, their sanctifications are sanctifications.”

Rebbi Samuel in the name of Rebbi Abbahu: “Unintentionally”, when it is forbidden, “intentionally” when it is forbidden. Rebbi Yose said, the Mishnah states this: “He who tithes or cooks on the Sabbath, if unintentionally it may be eaten, if intentionally it may not be eaten”; “unintentionally”, when it is forbidden, “intentionally”, when it is [equally] forbidden. It was stated: “What was cooked on the Sabbath, if it was done unintentionally it may be eaten, intentionally it may not be eaten, the words of Rebbi Meïr. Rebbi Jehudah said, unintentionally it may be eaten at the end of the Sabbath, intentionally never. Rebbi Joḥanan the Alexandrian said, unintentionally it may be eaten at the end of the Sabbath by others but not by himself, intentionally neither by him nor by others.” Samuel followed Rebbi Joḥanan the Alexandrian. Rav in his own group instructed following Rebbi Meïr, in public following Rebbi Joḥanan the Alexandrian. Rebbi Simeon bar Karsana said, he instructed us following Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa. As it was stated: “Rebbi Joḥanan ben Beroqa said, in any case where an intentional sin is punished by extirpation and an unintentional sin by an expiatory offering, if the sin was committed on the Sabbath unintentionally or intentionally, the result is forbidden both for him and for others; it may not be eaten. In any case an intentional sin is not punished by extirpation and for the unintentional sin no expiatory offering is due; if it was done on the Sabbath unintentionally the result may be eaten by others after the end of the Sabbath but not by him, intentionally neither by him nor by others.” They asked before Rebbi Joḥanan: What do you say? He said, I have only the Mishnah: “He who tithes or cooks on the Sabbath, if in error it may be eaten, if intentionally it may not be eaten”. Rav Ḥisda heard this and said, the Sabbaths have been permitted! Did not Rav Huna say in the name of Rav and did not Rebbi Ḥiyya state: “In earlier times they said, one who forgets some dish on his stove on the Sabbath, unintentionally it may be eaten, intentionally it may not be eaten. People were suspected that they left it intentionally and said, it was forgotten; they forbade it to them when it was forgotten.” And here, you say so? Rebbi Ila said, they were suspected to leave it on, they were not suspected to cook. They imposed a fine for forgetting but not for cooking.

Rebbi Samuel in the name of Rebbi Abbahu: “Unintentionally”, when it is forbidden, “intentionally” when it is forbidden. Rebbi Yose said, the Mishnah states this: “He who tithes or cooks on the Sabbath, if unintentionally it may be eaten, if intentionally it may not be eaten”; “unintentionally”, when it is forbidden, “intentionally”, when it is [equally] forbidden. It was stated: “What was cooked on the Sabbath, if it was done unintentionally it may be eaten, intentionally it may not be eaten, the words of Rebbi Meïr. Rebbi Jehudah said, unintentionally it may be eaten at the end of the Sabbath, intentionally never. Rebbi Joḥanan the Alexandrian said, unintentionally it may be eaten at the end of the Sabbath by others but not by himself, intentionally neither by him nor by others.” Samuel followed Rebbi Joḥanan the Alexandrian. Rav in his own group instructed following Rebbi Meïr, in public following Rebbi Joḥanan the Alexandrian. Rebbi Simeon bar Karsana said, he instructed us following Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa. As it was stated: “Rebbi Joḥanan ben Beroqa said, in any case where an intentional sin is punished by extirpation and an unintentional sin by an expiatory offering, if the sin was committed on the Sabbath unintentionally or intentionally, the result is forbidden both for him and for others; it may not be eaten. In any case an intentional sin is not punished by extirpation and for the unintentional sin no expiatory offering is due; if it was done on the Sabbath unintentionally the result may be eaten by others after the end of the Sabbath but not by him, intentionally neither by him nor by others.” They asked before Rebbi Joḥanan: What do you say? He said, I have only the Mishnah: “He who tithes or cooks on the Sabbath, if in error it may be eaten, if intentionally it may not be eaten”. Rav Ḥisda heard this and said, the Sabbaths have been permitted! Did not Rav Huna say in the name of Rav and did not Rebbi Ḥiyya state: “In earlier times they said, one who forgets some dish on his stove on the Sabbath, unintentionally it may be eaten, intentionally it may not be eaten. People were suspected that they left it intentionally and said, it was forgotten; they forbade it to them when it was forgotten.” And here, you say so? Rebbi Ila said, they were suspected to leave it on, they were not suspected to cook. They imposed a fine for forgetting but not for cooking.

It was stated: “ Water on the ground forty seah. Rebbi Neḥemiah says, that a Šiḥin amphora can be filled from it. Wine both in vessels and on the ground in any quantity. Wine is not under the rules of uncovering as long as it is fermenting. How long does it ferment? Three days. It happened that a snake was found near a wine vat; the case came before Rebbi Jehudah and he permitted it. A source is not under the rules of uncovering as long as it is running. Rebbi Ismael the son of Rebbi Joḥanan ben Nuri said, it happened that Rebbi Joḥanan ben Beroqa went down to my father Rebbi Joḥanan ben Nuri to Bet Serii; he showed him a pool that contained only three log of water, into which rain water was dripping. He bowed down and drank, saying this is an example of what is not under the rules of uncovering.”

Rebbi Jehudah bar Pazi in the name of Rebbi Jonathan: This is from Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa, as Rebbi Joḥanan stated; “Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa said, I could think you could bring spelt, foxtail and oats. But is it not logical: If wheat which is usable for all other cereal offerings is not acceptable for the ‘omer offering, spelt, foxtail and oats which are not usable for any other cereal offerings certainly are not acceptable for the ‘omer offering. No; you might say about barley from which the offering of the straying wife is brought; what can you say about spelt, foxtail and oats which are not usable for the offering of the straying wife? Wheat is excluded by the verse; spelt, foxtail and oats are excluded by a reasoning a minore ad majus.”

Rebbi Jehudah bar Pazi in the name of Rebbi Jonathan: This is from Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa, as Rebbi Joḥanan stated; “Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa said, I could think you could bring spelt, foxtail and oats. But is it not logical: If wheat which is usable for all other cereal offerings is not acceptable for the ‘omer offering, spelt, foxtail and oats which are not usable for any other cereal offerings certainly are not acceptable for the ‘omer offering. No; you might say about barley from which the offering of the straying wife is brought; what can you say about spelt, foxtail and oats which are not usable for the offering of the straying wife? Wheat is excluded by the verse; spelt, foxtail and oats are excluded by a reasoning a minore ad majus.”

“Who dyes it.” What kind of dying was in the Tabernacle? They were clobbering an animal for red skins of rams. Rebbi Yose said, this implies that he is liable who causes a wound which results in echymosis. He who colors his lips red is liable. He who causes bleeding, because of taking away life force at that place. He who makes a shape, the first one is liable because of writing and the second one because of dying. If he left out a limb and another came and finished it, he is liable because of hitting with a hammer. Wringing and washing are the same category of work. It was stated: Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa says, the dyers in Jerusalem made wringing a separate category of work. In the opinion of Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa, there are 40 categories of work. Should we state this? We come to state only items to which everybody agrees.

“Who dyes it.” What kind of dying was in the Tabernacle? They were clobbering an animal for red skins of rams. Rebbi Yose said, this implies that he is liable who causes a wound which results in echymosis. He who colors his lips red is liable. He who causes bleeding, because of taking away life force at that place. He who makes a shape, the first one is liable because of writing and the second one because of dying. If he left out a limb and another came and finished it, he is liable because of hitting with a hammer. Wringing and washing are the same category of work. It was stated: Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa says, the dyers in Jerusalem made wringing a separate category of work. In the opinion of Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa, there are 40 categories of work. Should we state this? We come to state only items to which everybody agrees.

Rebbi Zeˋira, Rav Ḥiyya bar Ashi in the name of Samuel: One who filters yeast is liable because of selecting. Rebbi Zeˋira said, it is more reasonable that it should be because of sifting. Rebbi Yose and Rebbi Jonah both said, at the start we were saying that Rebbi Zeˋira said it correctly, since as in sifting the flour is below and the farina on top, so in filtering wine the wine as at the bottom and the yeast on top; but we were not saying anything. Why? Because the category of selecting was permitted, the category of filtering was permitted. The category of selecting was permitted: “he selects normally, on his chest, or from a pot”. Also the category of filtering was permitted, “on a holiday one puts into one which was hanging”. But the category of sifting was not permitted. As Rebbi Ḥanina Beroqa said in the name of Rav Jehudah, One does not re-sift the flour but one may pass it through the back of the sieve. If you say it is because of sifting, it should be forbidden. Rebbi Yose ben Rebbi Abun said, it does not follow Rebbi Jehudah, for it was stated in the name of Rebbi Jehudah, they also permitted preparations for making food. There is a question about the following: following the rabbis, may one re-sift the flour through the back of the sieve?

HALAKHAH: Paragraph. Rav said, many are seventeen, few are sixteen. Rebbi Joḥanan said, any if it were distributed there would be the volume of a dried fig for everybody are many, otherwise they are few. (Paragraph.) They wanted to say that they do not disagree; what Rav said follows Rebbi Meïr, and he who follows Rebbi Joḥanan follows Rebbi Joḥanan ben Beroqa.

MISHNAH: What is its measure? Food for two meals for everybody, food for weekday but not the Sabbath, the words of Rebbi Meïr; Rebbi Jehudah says for Sabbath but not for weekday. Both of them intended to be lenient. Rebbi Joḥanan ben Beroqa says, a loaf for a dupondius if four seah are a tetradrachma. Rebbi Simeon says, two thirds of a loaf if three are made from a qab; half of this for the leprous house, and half of this half bring impurity to a body.

MISHNAH: If a crawling animal was found in the Temple, a Cohen carries it outside in his belt in order not to continue the impurity, the words of Rebbi Joḥanan ben Beroqa. Rebbi Jehudah says, with wooden tongs in order not to increase impurity. From where does one remove it? From the Temple Hall, and the vestibule, and from between the vestibule and the altar, the words of Rebbi Simeon ben Nannas. Rebbi Aqiba says, from a place where one is liable for extirpation in case of criminal intent and a purification offering if in error one removes it; at all other places one places a wine cooler over it. Rebbi Simeon said, at a place where the Sages permitted it to you they gave it from your own since they only permitted because of rabbinic Sabbath restrictions.

HALAKHAH: Paragraph. “If a crawling animal was found in the Temple,” etc. Rebbi Joḥanan ben Beroqa said to him, did you not prolong the impurity? He answered him, did you not increase impurity? He told him, it is better to violate a prohibition that was not caused by him than a prohibition which will come before him. Rebbi Yose ben Rebbi Abun said, this disagreement parallels another disagreement, as we have stated there, “how does one separate ḥallah in impurity on a holiday? Rebbi Eliezer says, one should not declare its name until after it was baked. Ben Bathyra says, he should put it into cold water.” Rebbi Joshua said to him, are you not like one who burns sancta on a holiday? Rebbi Eliezer told him, it is burned automatically. Rebbi Joshua said to him, are you not transgressing it should not be seen, and it should not be found? He told him, it is better to violate a prohibition that was not caused by you than a prohibition which will come before you.

It was stated: “The blood of the daily sacrifice and its limbs precede the Pesaḥ, and the Pesaḥ the incense, and the incense the trimming of the lights.” There are Tannaim who state: “The blood of the daily sacrifice and its limbs precede the incense, and the incense the Pesaḥ, and the Pesaḥ the trimming of the lights, so that the libations of the daily sacrifice should be accompanying it.” There is nothing preceding the daily morning sacrifice and nothing later than the daily evening sacrifice except Pesaḥ and incense on Passover Eve. “ From where that nothing should precede the daily morning sacrifice? The verse says, on it ˋolah. And from where that nothing should invalidate the daily evening sacrifice? The verse says, on it šelamim. Rebbi Simeon ben Laqish says, it is not written here he arranges on it ˋolah but he arranges on it the ˋolah, that no elevation offering precede the daily morning sacrifice. It was stated: Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa says, people lacking expiation bring their expiatory sacrifices after the daily evening sacrifice to enable them to immerse themselves and eat their Pesaḥ in the evening. Rebbi Yudan said, that is, for a rich sufferer from skin disease. But a poor sufferer from skin disease, does he not bring a bird? Said Rebbi Samuel ben Eudaimon, does he not bring a reparation sacrifice?

“Emptying its intestines”. Rebbi Joḥanan said, all the Eternal’s works are for Himself; that it should not look as if he took the parts from a disgusting sacrifice. Rebbi Ismael stated, its skinning pushes the Sabbath aside. It was stated: Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa says, on the Sabbath one was skinning the breast. What is Rebbi Ismael’s reason? That it should not look as if he took the parts from a disgusting sacrifice. What does Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa do with this? Because he turns it around, it is not as if he was taking the parts from a disgusting sacrifice. Rebbi Joḥanan said, Rebbi Ismael and Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa said the same. As Rebbi Ismael said, choice pushes aside but choicest does not push aside, so Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa said choice pushes aside but choicest does not push aside. If you are saying, this is choice, can he not tear it open and remove the parts? Rebbi Yose ben Rebbi Abun said, it only follows Rebbi Simeon.

“Emptying its intestines”. Rebbi Joḥanan said, all the Eternal’s works are for Himself; that it should not look as if he took the parts from a disgusting sacrifice. Rebbi Ismael stated, its skinning pushes the Sabbath aside. It was stated: Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa says, on the Sabbath one was skinning the breast. What is Rebbi Ismael’s reason? That it should not look as if he took the parts from a disgusting sacrifice. What does Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa do with this? Because he turns it around, it is not as if he was taking the parts from a disgusting sacrifice. Rebbi Joḥanan said, Rebbi Ismael and Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa said the same. As Rebbi Ismael said, choice pushes aside but choicest does not push aside, so Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa said choice pushes aside but choicest does not push aside. If you are saying, this is choice, can he not tear it open and remove the parts? Rebbi Yose ben Rebbi Abun said, it only follows Rebbi Simeon.

“Emptying its intestines”. Rebbi Joḥanan said, all the Eternal’s works are for Himself; that it should not look as if he took the parts from a disgusting sacrifice. Rebbi Ismael stated, its skinning pushes the Sabbath aside. It was stated: Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa says, on the Sabbath one was skinning the breast. What is Rebbi Ismael’s reason? That it should not look as if he took the parts from a disgusting sacrifice. What does Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa do with this? Because he turns it around, it is not as if he was taking the parts from a disgusting sacrifice. Rebbi Joḥanan said, Rebbi Ismael and Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa said the same. As Rebbi Ismael said, choice pushes aside but choicest does not push aside, so Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa said choice pushes aside but choicest does not push aside. If you are saying, this is choice, can he not tear it open and remove the parts? Rebbi Yose ben Rebbi Abun said, it only follows Rebbi Simeon.

“Emptying its intestines”. Rebbi Joḥanan said, all the Eternal’s works are for Himself; that it should not look as if he took the parts from a disgusting sacrifice. Rebbi Ismael stated, its skinning pushes the Sabbath aside. It was stated: Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa says, on the Sabbath one was skinning the breast. What is Rebbi Ismael’s reason? That it should not look as if he took the parts from a disgusting sacrifice. What does Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa do with this? Because he turns it around, it is not as if he was taking the parts from a disgusting sacrifice. Rebbi Joḥanan said, Rebbi Ismael and Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa said the same. As Rebbi Ismael said, choice pushes aside but choicest does not push aside, so Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa said choice pushes aside but choicest does not push aside. If you are saying, this is choice, can he not tear it open and remove the parts? Rebbi Yose ben Rebbi Abun said, it only follows Rebbi Simeon.

Rebbi Yasa in the name of Rebbi Joḥanan, it is Rebbi Jehudah’s, as we have stated there: “One does not slaughter the Pesaḥ for a single individual, the words of Rebbi Jehudah, but Rebbi Yose permits.” Rebbi Zeˋira asked before Rebbi Mana: Where do we find “not liable and qualified”? He told him, here we stated “not liable”, and there we stated “qualified”. But about all of them did Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa say, it should lose its shape and be brought to be burned. Rebbi Eleazar ben Rebbi Yose asked before Rebbi Yose, one understands if they died or became impure. If the owners became disinterested? If they are alive, does disqualification qualify? It is disqualified. If after it was slaughtered, can one become disinterested after slaughter? Since he has the right to become disinterested, the disqualification qualifies, and it needs {losing its} shape.

MISHNAH: Pesaḥ which left or which became impure has to be burned immediately. If the owners became impure or died it shall lose its shape and be brought to the place of burning. Rebbi Joḥanan ben Beroqa says, this one also has to be burned immediately since it has no eaters.

Rebbi Ḥama bar Uqba in the name of Rebbi Yose bar Ḥanina: Rebbi Nehemiah and Rebbi Joḥanan ben Beroqa both said the same, as it was stated: “it was burned because of deep mourning? Was it not burned only because of impurity? But it was not burned because of impurity, since if it had been burned because of mourning, all three of them should have been burned. Another opinion, was not Phineas with them? Another opinion, would it not have been permitted to be eaten in the evening?” In the opinion of Rebbi Nehemiah it should be burned but be counted. Rebbi Nehemiah is of the opinion that all three of them were burned. Should not Phineas have eaten? He was not yet appointed {High} Priest. Should not Aaron have eaten in the evening? Rebbi Nehemiah is of the opinion that deeo mourning in the night is from the Torah. Rebbi Jeremiah said, also Rebbi Yose the Galilean is with them. And we have stated there: “A purification sacrifice whose blood was received in two cups, of which one was brought outside; the one inside is qualified. If one of them was brought to the interior, Rebbi Yose the Galilean declares qualified but the Sages declare disqualified. [Rebbi Yose the Galilean said, since in a case where intent disqualifies outside the remainder was not made equal to what was brought outside, in a case where intent does not disqualify in the interior is it not logical that we not make the remainder to what was brought inside? If it was brought into the interior to atone, even if it did not atone it is disqualified, the words of Rebbi Eliezer. Rebbi Simeon says, only if it atones. Rebbi Jehudah says, if it was brought into the interior in error, it remains qualified. Of all disqualified blood which one gave on the altar, the diadem only makes the impure acceptable; for the diadem makes the impure acceptable but not what was brought outside.”] Rebbi Eleazar said, you have to know that for Rebbi Yose the Galilean it is disqualification of the enabler since the other part is outside and it is qualified. You have to know that for the rabbis it is disqualification of the body since it is within its enclosure and it is disqualified. The rabbis explain, since nothing of the blood was brought to the interior, you shall certainly eat it. Therefore if some of the blood had been brought to the interior, you [would have done well] in burning it. Rebbi Yose the Galilean explains, since not all of the blood was brought to the interior, [you shall certainly eat it. Therefore if all of the blood had been brought inside,] you would have done well in burning it. What is the rabbis’ reason? Any purification offering of whose blood was brought; even part of the blood. What is Rebbi Yose the Galilean’s reason? Behold, its blood was not brought inside the Sanctuary. [This fits with] what was stated: Rebbi Yose the Galilean says, the entire matter only speaks of bulls to be burned and goats to be burned, to prohibit eating them and to teach that if they are disqualified they are burned inside the citadel. They asked him, from where that a purification sacrifice becomes disqualified if some of its blood is brought inside? Not from this verse, behold, its blood was not brought inside the Sanctuary? There it does not say of whose blood but all of its blood. An answer to Rebbi Aqiba who was saying, of whose blood, not all of its blood.

MISHNAH: Pesaḥ which left or which became impure has to be burned immediately. If the owners became impure or died it shall lose its shape and be brought to the place of burning. Rebbi Joḥanan ben Beroqa says, this one also has to be burned immediately since it has no eaters.

MISHNAH: As one does it on a weekday one does it on the Sabbath, only that one collected them on Sabbath Eve and keeps them in golden vats so they should not wilt. Rebbi Joḥanan ben Beroqa says, they brought palm branches and struck them on top of the altar; the day was called “day of striking palm branches.” Immediately the children untie their lulavim and eat their etrogim.

“When they sanctified the year at Usha, on the first day Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa, led and recited following the opinion of Rebbi Joḥanan ben Nuri. Rabban Simeon ben Gamliel said, we did not follow this at Jabneh. On the second day, Rebbi Ḥananiah, the son of Rebbi Yose the Galilean, led and recited following Rebbi Aqiba. Rabban Simeon ben Gamliel said, this we did follow at Jabneh.” But does this not mean that they sanctified it on the first and the second day? Rebbi Ze`ira in the name of Rav Ḥisda: That year was disorganized. What is “on the first, on the second”? Rebbi Abba in the name of Rav: The first year, the second year! But was it not stated: the first day, the second day?

“When they sanctified the year at Usha, on the first day Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa, led and recited following the opinion of Rebbi Joḥanan ben Nuri. Rabban Simeon ben Gamliel said, we did not follow this at Jabneh. On the second day, Rebbi Ḥananiah, the son of Rebbi Yose the Galilean, led and recited following Rebbi Aqiba. Rabban Simeon ben Gamliel said, this we did follow at Jabneh.”

Rebbi Jeremiah in the name of Rebbi Ḥiyya, it should have been logical that one should fast on the Tenth, since on it our God’s Temple was burned. Why on the Ninth? Because the calamity started on it. So it was stated, on the Seventh they entered, on the Eighth they were misbehaving in it, on the Ninth they started the fire, and on the Tenth it was burned. Rebbi Joshua ben Levi fasted Ninth and Tenth. Rebbi Abun fasted Ninth and Tenth. Rebbi Levi fasted on the Ninth and the night of the Tenth. Rebbi Abba bar Zavda in the name of Rebbi Ḥanina: Rebbi wanted to uproot the Ninth of Av but they did not let him. Rebbi Eleazar said to him, I was with you but it was not said so, but Rebbi wanted to uproot the Ninth of Av which fell on a Sabbath but they did not let him. He said, because it was pushed aside, let it be pushed aside. They said to him, let it be pushed to the next day. In a similar case, that which we stated there: “Rebbi Joḥanan ben Beroqa said, for both of them it says, God blessed them and God said to them, be fruitful and multiply, etc.” Rebbi Eleazar in the Name of Rebbi Ḥanina: Practice follows Rebbi Joḥanan ben Beroqa. Rebbi Abba bar Zavda said to him, I was with you and it was only said, if she asks to be married the law is on her side. He said about them, two are better than one.

Rebbi Jeremiah in the name of Rebbi Ḥiyya, it should have been logical that one should fast on the Tenth, since on it our God’s Temple was burned. Why on the Ninth? Because the calamity started on it. So it was stated, on the Seventh they entered, on the Eighth they were misbehaving in it, on the Ninth they started the fire, and on the Tenth it was burned. Rebbi Joshua ben Levi fasted Ninth and Tenth. Rebbi Abun fasted Ninth and Tenth. Rebbi Levi fasted on the Ninth and the night of the Tenth. Rebbi Abba bar Zavda in the name of Rebbi Ḥanina: Rebbi wanted to uproot the Ninth of Av but they did not let him. Rebbi Eleazar said to him, I was with you but it was not said so, but Rebbi wanted to uproot the Ninth of Av which fell on a Sabbath but they did not let him. He said, because it was pushed aside, let it be pushed aside. They said to him, let it be pushed to the next day. In a similar case, that which we stated there: “Rebbi Joḥanan ben Beroqa said, for both of them it says, God blessed them and God said to them, be fruitful and multiply, etc.” Rebbi Eleazar in the Name of Rebbi Ḥanina: Practice follows Rebbi Joḥanan ben Beroqa. Rebbi Abba bar Zavda said to him, I was with you and it was only said, if she asks to be married the law is on her side. He said about them, two are better than one.

“And the Ninth of Av.” Rebbi Jeremiah in the name of Rebbi Ḥiyya, it should have been logical that one should fast on the Tenth, since on it it was burned. Why on the Ninth? Because the calamity started on it. So it was stated, on the Seventh they entered, on the Eighth they were misbehaving in it, on the Ninth they started the fire, and on the Tenth it was burned. Rebbi Joshua ben Levi fasted Ninth and Tenth. Rebbi Levi fasted on the Ninth and the night of the Tenth. Rebbi Abba bar Zavda in the name of Rebbi Ḥanina: Rebbi wanted to uproot the Ninth of Av but they did not let him. Rebbi Eleazar said to him, I was with you but it was not said so, but Rebbi wanted to uproot the Ninth of Av which fell on a Sabbath but they did not let him. He said, because it was pushed aside, let it be pushed aside. They said to him, let it be pushed to the next day. In a similar case, that which we stated there: “Rebbi Joḥanan ben Beroqa said, for both of them it says, God blessed them and God said to them, be fruitful and multiply, etc.” Rebbi Eleazar in the Name of Rebbi Ḥanina: Practice follows Rebbi Joḥanan ben Beroqa. Rebbi Abba bar Zavda said to him, I was with you and it was only said, if she asks to be married the law is on her side. He said about them, two are better than one.

“And the Ninth of Av.” Rebbi Jeremiah in the name of Rebbi Ḥiyya, it should have been logical that one should fast on the Tenth, since on it it was burned. Why on the Ninth? Because the calamity started on it. So it was stated, on the Seventh they entered, on the Eighth they were misbehaving in it, on the Ninth they started the fire, and on the Tenth it was burned. Rebbi Joshua ben Levi fasted Ninth and Tenth. Rebbi Levi fasted on the Ninth and the night of the Tenth. Rebbi Abba bar Zavda in the name of Rebbi Ḥanina: Rebbi wanted to uproot the Ninth of Av but they did not let him. Rebbi Eleazar said to him, I was with you but it was not said so, but Rebbi wanted to uproot the Ninth of Av which fell on a Sabbath but they did not let him. He said, because it was pushed aside, let it be pushed aside. They said to him, let it be pushed to the next day. In a similar case, that which we stated there: “Rebbi Joḥanan ben Beroqa said, for both of them it says, God blessed them and God said to them, be fruitful and multiply, etc.” Rebbi Eleazar in the Name of Rebbi Ḥanina: Practice follows Rebbi Joḥanan ben Beroqa. Rebbi Abba bar Zavda said to him, I was with you and it was only said, if she asks to be married the law is on her side. He said about them, two are better than one.

As it was stated: It happened that Rebbi Joḥanan ben Beroqa and Rebbi Eleazar Ḥasma were walking from Jabneh to Lydda when they were visiting Rebbi Joshua in Beqi`in. He asked them, what was new today in the House of Study? They said to him, we all are your students and drink from your waters. He said to them, even so, it is impossible that there not be a new idea every day in the House of Study. Who stayed there over the Sabbath? They said to him, Rebbi Eleazar ben Azariah. And what was his text? Assemble the people, men, women, and toddlers. He started by saying, since men come to learn and women to listen, why do the toddlers come? It must be to give a reward to those who bring them. He said to them, a generation is not orphaned which counts Rebbi Eleazar ben Azariah among them.

Text of the parallel Qiddušin 4:1: Rebbi Jacob bar Aḥa presented traditions: Rebbi Ḥanina and Rebbi Joshua ben Levi, one declares permissible and the other admits. He who declares permissible admits. But he who admits does not declare admissible. Rebbi Yose ben Rebbi Abun in the name of Rebbi Naḥman bar Jacob: Babylonia, as far as family pedigree is concerned, extends up to the zrvq canal. Rebbi Yose ben Rebbi Abun said, Rav and Samuel, one said up to the zrvq canal, the other said up to the Wani canal. Rav Jehudah said, between the rivers is like Nahardea as far as family pedigree is concerned. Rebbi Ḥanina ben Beroqa in the name of Rav Jehudah: The people of Mesene are questionable only because of doubts of desecrated women. The Cohanim amongst them did not care about divorcees. There, they called Mesene dead, Media sick, Elam and gbby dying. The maritime district is the purple-blue of Babylonia. Šny’, gbby’, and ṣrry are purple-blue of the maritime district.

MISHNAH: A man should not rest from being fruitful and multiply unless he has children. The House of Shammai say two males, but the House of Hillel say a male and a female, as it is said “male and female He created them.” If he married a wife and she stayed with him for ten years and had no child he is not permitted to rest. If he divorced her, she is permitted to marry another and the second [husband] is permitted to stay with her for ten years, and if she had a miscarriage she counts from the moment of the miscarriage. The man is commanded to be fruitful and multiply but not the woman. Rebbi Joḥanan ben Beroqa said, for both of them it says “God blessed them and God said to them, be fruitful and multiply,” etc.

Rebbi Eleazar in the name of Rebbi Yose ben Zimra: The reason of that Tanna: “Be fruitful and multiply, fill the earth and conquer it.” It is written “he shall conquer it.” Who usually conquers? The man, not the woman. Rebbi Jeremiah, Rebbi Abbahu, Rebbi Isaac bar Marion, in the name of Rebbi Ḥanina: Practice follows Rebbi Joḥanan ben Beroqa. Rebbi Jacob bar Aḥa and Rebbi Jacob bar Idi, Rebbi Isaac bar Ḥaqula in the name of Rebbi Jehudah Neśia: If she requests to be married, she has the law on her side. Rebbi Eleazar in the name of Rebbi Ḥanina: Practice follows Rebbi Joḥanan ben Beroqa. Rebbi Abba bar Zavda said to him, I was with you and it was only said that if she requests to be married, she has the law on her side. In a similar case, referring to what we have stated there: “In the week in which the Ninth of Av falls, it is forbidden to get a haircut and to wash. But on Thursday one is permitted, in preparation for the Sabbath.” Rebbi Abba bar Zavda in the name of Rebbi Ḥanina: Rebbi wanted to do away with the Ninth of Av but they did not let him. Rebbi Eleazar said to him, I was with you and it was only said that Rebbi wanted to do away with the Ninth of Av which happened to be on the Sabbath but they did not let him. He said, since it is pushed away, let it be pushed away. They said to him, it should be pushed to the next day. He recited on these: “Two are better than one.”

Rebbi Eleazar in the name of Rebbi Yose ben Zimra: The reason of that Tanna: “Be fruitful and multiply, fill the earth and conquer it.” It is written “he shall conquer it.” Who usually conquers? The man, not the woman. Rebbi Jeremiah, Rebbi Abbahu, Rebbi Isaac bar Marion, in the name of Rebbi Ḥanina: Practice follows Rebbi Joḥanan ben Beroqa. Rebbi Jacob bar Aḥa and Rebbi Jacob bar Idi, Rebbi Isaac bar Ḥaqula in the name of Rebbi Jehudah Neśia: If she requests to be married, she has the law on her side. Rebbi Eleazar in the name of Rebbi Ḥanina: Practice follows Rebbi Joḥanan ben Beroqa. Rebbi Abba bar Zavda said to him, I was with you and it was only said that if she requests to be married, she has the law on her side. In a similar case, referring to what we have stated there: “In the week in which the Ninth of Av falls, it is forbidden to get a haircut and to wash. But on Thursday one is permitted, in preparation for the Sabbath.” Rebbi Abba bar Zavda in the name of Rebbi Ḥanina: Rebbi wanted to do away with the Ninth of Av but they did not let him. Rebbi Eleazar said to him, I was with you and it was only said that Rebbi wanted to do away with the Ninth of Av which happened to be on the Sabbath but they did not let him. He said, since it is pushed away, let it be pushed away. They said to him, it should be pushed to the next day. He recited on these: “Two are better than one.”

HALAKHAH: “Who is injured in his lower parts,” etc. “Injured,” I would have said in his eye. The verse says “discharge pipe”, he is injured in the neighborhood of the discharge pipe. If he is injured in the neighborhood of the discharge pipe it might be his eye in the neighborhood of his nose! The verse says, “the lowly”. What comes between his heels. Rebbi Ḥaggai said before Rebbi Mana, a man’s lowest part when he sits down are his testicles. Rebbi Yose ben Rebbi Abun said, that is correct. You should know that this is so since in all other cases “generations” are written except in this case since he is infertile. And not only if [a testicle] is injured but also if it is gangrenous, or dried up, or missing. It was stated: Rebbi Ismael ben Rebbi Joḥanan ben Beroqa says: I heard in the vineyard at Jabne that nobody [born] with only one testicle can be fertile and he is a “sun eunuch”. Rebbi Yose said, I heard that practice follows Rebbi Joḥanan ben Beroqa but I do not remember from whom I heard it. Rebbi Immi said, certainly Rebbi Yose did not hear it from a minor personality. Samuel said, if a person with only one testicle will come before me, I shall declare him qualified. Rebbi Ḥuna said, because he thinks like Rebbi Ismael ben Rebbi Joḥanan. Rebbi Yudan ben Ḥanin said, but only the one of the right hand side. There came a case before Rebbi Immi. He said, yes, my daughter, you are permitted to him. But you should know that he is infertile. Rebbi Ze‘ira praised him for making the case clear.

HALAKHAH: “Who is injured in his lower parts,” etc. “Injured,” I would have said in his eye. The verse says “discharge pipe”, he is injured in the neighborhood of the discharge pipe. If he is injured in the neighborhood of the discharge pipe it might be his eye in the neighborhood of his nose! The verse says, “the lowly”. What comes between his heels. Rebbi Ḥaggai said before Rebbi Mana, a man’s lowest part when he sits down are his testicles. Rebbi Yose ben Rebbi Abun said, that is correct. You should know that this is so since in all other cases “generations” are written except in this case since he is infertile. And not only if [a testicle] is injured but also if it is gangrenous, or dried up, or missing. It was stated: Rebbi Ismael ben Rebbi Joḥanan ben Beroqa says: I heard in the vineyard at Jabne that nobody [born] with only one testicle can be fertile and he is a “sun eunuch”. Rebbi Yose said, I heard that practice follows Rebbi Joḥanan ben Beroqa but I do not remember from whom I heard it. Rebbi Immi said, certainly Rebbi Yose did not hear it from a minor personality. Samuel said, if a person with only one testicle will come before me, I shall declare him qualified. Rebbi Ḥuna said, because he thinks like Rebbi Ismael ben Rebbi Joḥanan. Rebbi Yudan ben Ḥanin said, but only the one of the right hand side. There came a case before Rebbi Immi. He said, yes, my daughter, you are permitted to him. But you should know that he is infertile. Rebbi Ze‘ira praised him for making the case clear.

Some Tannaïm state: Through human action he is disqualified, through Heaven’s action he is qualified. Some Tannaïm state: He is disqualified both through human or Heaven’s action. He who said, through human action he is disqualified, through Heaven’s action he is qualified, infers it from a bastard. “A bastard may not marry,” “no one with a damaged testicle may marry.” Just as a bastard is created by human action, so the one injured in a testicle is created by human action. He who said, he is disqualified both through human or Heaven’s action, from where does he infer it? Rebbi Mana said, from here: “No one with a damaged testicle may marry,” ever. Rebbi Yose ben Rebbi Abun said, he still infers it from a bastard. “A bastard may not marry,” “no one with a damaged testicle may marry.” Just as a bastard is created by Heaven’s action, so the one injured in a testicle is created by Heaven’s action. Is the bastard created by Heaven’s action? His formation is by Heaven’s action. They wanted to say that he who said, through human action he is disqualified, through Heaven’s action he is qualified, follows Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa; he who said, he is disqualified both through human or Heaven’s action, [follows] the rabbis. Rebbi Aḥai bar Pappaios said before Rebbi Ze‘ira, all follows the rabbis. For instance, if scab developed and he rubbed or squeezed it off, that is human action induced by Heaven’s action.

Ben Azai does not follow Rebbi Eleazar ben Azariah, as it was stated: It happened that Rebbi Joḥanan ben Beroqa and Rebbi Eleazar Ḥasma were walking from Jabneh to Lydda when they were visiting Rebbi Joshua in Beqiïn. He asked them, what was new today in the House of Study? They said to him, we all are your students and drink from your waters. He said to them, even so, it is impossible that there not be a new idea every day in the House of Study. Who stayed there over the Sabbath? They said to him, Rebbi Eleazar ben Azariah. And what was his text? “Assemble the people, men, women, and children.” What did he say about this? Since the men come to learn and the women to hear, why do the children come? It must be to give a reward to those who bring them. He said to them, the generation is not orphaned which counts Rebbi Eleazar ben Azariah among them.

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

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

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

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

There, we have stated: “Rebbi Joḥanan ben Beroqa says, if he speaks about somebody who is a legal heir, his statements are valid, but about somebody who is not a legal heir, his statements are invalid.” Rebbi Joḥanan said, Ben Beroqa spoke only about a son among sons or a (daughter) son among daughters, not about a daughter and brother or a brother among daughters. Rebbi Yasa in the name of Rebbi Joḥanan: There was a case and Rebbi decided following Rebbi Joḥanan ben Beroqa. Rebbi Ze‘ira, Rebbi Yasa in the name of Rebbi Joḥanan: Rebbi asked Nathan the Babylonian, why did they say that practice follows Rebbi Joḥanan ben Beroqa? Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: What is the reason? He asked Nathan the Babylonian, why did the Sages say that practice follows Rebbi Joḥanan ben Beroqa? Are you not the one who stated “shall inherit”? (He said to him, you stated “shall take”; he came to him). He said to him, there is no “shall inherit” but “shall take”. When he came to his father, he said to him: you disadvantaged Nathan the Bablylonian; there is no “shall take” but “shall inherit”. Rebbi Yose ben Rebbi Abun said, this is what he told him: I made an error in what I taught you; there is no “shall take” but “shall inherit”. Rebbi Ze‘ira said, this is one of the leniencies of the ketubah stipulations. In general, a person can transfer rights only by a document; here even verbally. In general, a person cannot transfer rights to somebody not yet existing; here to the non-existing. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how the rabbis can compare ketubah to inheritance, for inheritance is a biblical law but ketubah is from their words; how can one argue this? Even if you say that ketubah is a biblical law, do they not agree that the stipulations of the ketubah are from their words?

There, we have stated: “Rebbi Joḥanan ben Beroqa says, if he speaks about somebody who is a legal heir, his statements are valid, but about somebody who is not a legal heir, his statements are invalid.” Rebbi Joḥanan said, Ben Beroqa spoke only about a son among sons or a (daughter) son among daughters, not about a daughter and brother or a brother among daughters. Rebbi Yasa in the name of Rebbi Joḥanan: There was a case and Rebbi decided following Rebbi Joḥanan ben Beroqa. Rebbi Ze‘ira, Rebbi Yasa in the name of Rebbi Joḥanan: Rebbi asked Nathan the Babylonian, why did they say that practice follows Rebbi Joḥanan ben Beroqa? Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: What is the reason? He asked Nathan the Babylonian, why did the Sages say that practice follows Rebbi Joḥanan ben Beroqa? Are you not the one who stated “shall inherit”? (He said to him, you stated “shall take”; he came to him). He said to him, there is no “shall inherit” but “shall take”. When he came to his father, he said to him: you disadvantaged Nathan the Bablylonian; there is no “shall take” but “shall inherit”. Rebbi Yose ben Rebbi Abun said, this is what he told him: I made an error in what I taught you; there is no “shall take” but “shall inherit”. Rebbi Ze‘ira said, this is one of the leniencies of the ketubah stipulations. In general, a person can transfer rights only by a document; here even verbally. In general, a person cannot transfer rights to somebody not yet existing; here to the non-existing. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how the rabbis can compare ketubah to inheritance, for inheritance is a biblical law but ketubah is from their words; how can one argue this? Even if you say that ketubah is a biblical law, do they not agree that the stipulations of the ketubah are from their words?

There, we have stated: “Rebbi Joḥanan ben Beroqa says, if he speaks about somebody who is a legal heir, his statements are valid, but about somebody who is not a legal heir, his statements are invalid.” Rebbi Joḥanan said, Ben Beroqa spoke only about a son among sons or a (daughter) son among daughters, not about a daughter and brother or a brother among daughters. Rebbi Yasa in the name of Rebbi Joḥanan: There was a case and Rebbi decided following Rebbi Joḥanan ben Beroqa. Rebbi Ze‘ira, Rebbi Yasa in the name of Rebbi Joḥanan: Rebbi asked Nathan the Babylonian, why did they say that practice follows Rebbi Joḥanan ben Beroqa? Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: What is the reason? He asked Nathan the Babylonian, why did the Sages say that practice follows Rebbi Joḥanan ben Beroqa? Are you not the one who stated “shall inherit”? (He said to him, you stated “shall take”; he came to him). He said to him, there is no “shall inherit” but “shall take”. When he came to his father, he said to him: you disadvantaged Nathan the Bablylonian; there is no “shall take” but “shall inherit”. Rebbi Yose ben Rebbi Abun said, this is what he told him: I made an error in what I taught you; there is no “shall take” but “shall inherit”. Rebbi Ze‘ira said, this is one of the leniencies of the ketubah stipulations. In general, a person can transfer rights only by a document; here even verbally. In general, a person cannot transfer rights to somebody not yet existing; here to the non-existing. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how the rabbis can compare ketubah to inheritance, for inheritance is a biblical law but ketubah is from their words; how can one argue this? Even if you say that ketubah is a biblical law, do they not agree that the stipulations of the ketubah are from their words?

There, we have stated: “Rebbi Joḥanan ben Beroqa says, if he speaks about somebody who is a legal heir, his statements are valid, but about somebody who is not a legal heir, his statements are invalid.” Rebbi Joḥanan said, Ben Beroqa spoke only about a son among sons or a (daughter) son among daughters, not about a daughter and brother or a brother among daughters. Rebbi Yasa in the name of Rebbi Joḥanan: There was a case and Rebbi decided following Rebbi Joḥanan ben Beroqa. Rebbi Ze‘ira, Rebbi Yasa in the name of Rebbi Joḥanan: Rebbi asked Nathan the Babylonian, why did they say that practice follows Rebbi Joḥanan ben Beroqa? Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: What is the reason? He asked Nathan the Babylonian, why did the Sages say that practice follows Rebbi Joḥanan ben Beroqa? Are you not the one who stated “shall inherit”? (He said to him, you stated “shall take”; he came to him). He said to him, there is no “shall inherit” but “shall take”. When he came to his father, he said to him: you disadvantaged Nathan the Bablylonian; there is no “shall take” but “shall inherit”. Rebbi Yose ben Rebbi Abun said, this is what he told him: I made an error in what I taught you; there is no “shall take” but “shall inherit”. Rebbi Ze‘ira said, this is one of the leniencies of the ketubah stipulations. In general, a person can transfer rights only by a document; here even verbally. In general, a person cannot transfer rights to somebody not yet existing; here to the non-existing. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how the rabbis can compare ketubah to inheritance, for inheritance is a biblical law but ketubah is from their words; how can one argue this? Even if you say that ketubah is a biblical law, do they not agree that the stipulations of the ketubah are from their words?

There, we have stated: “Rebbi Joḥanan ben Beroqa says, if he speaks about somebody who is a legal heir, his statements are valid, but about somebody who is not a legal heir, his statements are invalid.” Rebbi Joḥanan said, Ben Beroqa spoke only about a son among sons or a (daughter) son among daughters, not about a daughter and brother or a brother among daughters. Rebbi Yasa in the name of Rebbi Joḥanan: There was a case and Rebbi decided following Rebbi Joḥanan ben Beroqa. Rebbi Ze‘ira, Rebbi Yasa in the name of Rebbi Joḥanan: Rebbi asked Nathan the Babylonian, why did they say that practice follows Rebbi Joḥanan ben Beroqa? Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: What is the reason? He asked Nathan the Babylonian, why did the Sages say that practice follows Rebbi Joḥanan ben Beroqa? Are you not the one who stated “shall inherit”? (He said to him, you stated “shall take”; he came to him). He said to him, there is no “shall inherit” but “shall take”. When he came to his father, he said to him: you disadvantaged Nathan the Bablylonian; there is no “shall take” but “shall inherit”. Rebbi Yose ben Rebbi Abun said, this is what he told him: I made an error in what I taught you; there is no “shall take” but “shall inherit”. Rebbi Ze‘ira said, this is one of the leniencies of the ketubah stipulations. In general, a person can transfer rights only by a document; here even verbally. In general, a person cannot transfer rights to somebody not yet existing; here to the non-existing. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how the rabbis can compare ketubah to inheritance, for inheritance is a biblical law but ketubah is from their words; how can one argue this? Even if you say that ketubah is a biblical law, do they not agree that the stipulations of the ketubah are from their words?

Rebbi Jacob bar Aḥa presented traditions: Of Rebbi Ḥanina and Rebbi Joshua ben Levi, one declares permissible and the other admits. He who declares permissible admits. But he who admits does not declare admissible. Rebbi Yose ben Rebbi Abun in the name of Rebbi Naḥman: Babylonia, as far as family pedigree is concerned, extends up to the yzq canal. Rebbi Yose ben Rebbi Abun said, of Rav and Samuel, one said up to the yzq canal, the other said up to the Wani canal. Rav Jehudah said, between the rivers is like Nahardea as far as family pedigree is concerned. Rebbi Ḥanina ben Beroqa in the name of Rav Jehudah: The people of Moesia are questionable only because of doubts of desecrated women. The Cohanim amongst them did not care about divorcees. There they said, Moesia is dead, Media sick, Elam and gbby dying. The maritime district is the purple-blue of Babylonia. Šny’,gbby’,and ṣrry are purple-blue of the maritime district.

MISHNAH: If the publicans took his donkey and gave him another donkey, or armed robbers took his garment and gave him another garment, they are his since the owners had given up hope of recovery. Things saved from a flood or from armed robbers are his if the owners had given up hope of recovery. Similarly, a swarm of bees is his if the owners had given up hope of recovery. Rebbi Joḥanan ben Beroqa said, a woman or a child are trusted if they say: “This swarm of bees came from here.” [The beekeeper] may enter another’s field to take his swarm; if he caused damage he has to pay what he damaged, but he cannot cut off a branch intending to pay for it. Rebbi Ismael, Rebbi Joḥanan ben Beroqa’s son, said: he may even cut a branch and pay for it.

MISHNAH: If the publicans took his donkey and gave him another donkey, or armed robbers took his garment and gave him another garment, they are his since the owners had given up hope of recovery. Things saved from a flood or from armed robbers are his if the owners had given up hope of recovery. Similarly, a swarm of bees is his if the owners had given up hope of recovery. Rebbi Joḥanan ben Beroqa said, a woman or a child are trusted if they say: “This swarm of bees came from here.” [The beekeeper] may enter another’s field to take his swarm; if he caused damage he has to pay what he damaged, but he cannot cut off a branch intending to pay for it. Rebbi Ismael, Rebbi Joḥanan ben Beroqa’s son, said: he may even cut a branch and pay for it.

“Similarly, a swarm of bees is his if the owners had given up hope of recovery.” Rebbi Ḥinena bar Pappos in the name of Rebbi Joḥanan: The Mishnah is about a swarm taken in flight and from a schoolboy, and only immediately. But if one left and returned, I am saying that he said it because of fear, or being seduced. It was stated: Rebbi Joḥanan ben Beroqa says, it is a stipulation by the court that this one may cut a branch and pay for it since on this condition did Joshua distribute the Land to Israel.

HALAKHAH: “One who says, Mr. X shall inherit from me,” etc. Rebbi Joḥanan said, Rebbi Joḥanan ben Beroqa said only this about a son among sons or a daughter among daughters, but not a daughter among brothers or a brother among daughters. Rebbi Joḥanan said, practice follows Rebbi Joḥanan ben Beroqa. Rebbi asked Rebbi Nathan; bar Abba said, so was the question: What is Rebbi Joḥanan ben Beroqa’s reason? Rebbi Ze‘ira said, so was the question: What did they see to say that practice follows Rebbi Joḥanan ben Beroqa? He told him, did you not teach us so: “they shall inherit”? So is the Mishnah: “they shall take.” [Rebbi] La said, even following him who said “inherit”, is not the power of the court strengthened? As you say, nobody can transfer property using the language of gift; here he may do it. Similarly, nobody can transfer property using the language of inheritance; here he may do it.

HALAKHAH: “One who says, Mr. X shall inherit from me,” etc. Rebbi Joḥanan said, Rebbi Joḥanan ben Beroqa said only this about a son among sons or a daughter among daughters, but not a daughter among brothers or a brother among daughters. Rebbi Joḥanan said, practice follows Rebbi Joḥanan ben Beroqa. Rebbi asked Rebbi Nathan; bar Abba said, so was the question: What is Rebbi Joḥanan ben Beroqa’s reason? Rebbi Ze‘ira said, so was the question: What did they see to say that practice follows Rebbi Joḥanan ben Beroqa? He told him, did you not teach us so: “they shall inherit”? So is the Mishnah: “they shall take.” [Rebbi] La said, even following him who said “inherit”, is not the power of the court strengthened? As you say, nobody can transfer property using the language of gift; here he may do it. Similarly, nobody can transfer property using the language of inheritance; here he may do it.

HALAKHAH: “One who says, Mr. X shall inherit from me,” etc. Rebbi Joḥanan said, Rebbi Joḥanan ben Beroqa said only this about a son among sons or a daughter among daughters, but not a daughter among brothers or a brother among daughters. Rebbi Joḥanan said, practice follows Rebbi Joḥanan ben Beroqa. Rebbi asked Rebbi Nathan; bar Abba said, so was the question: What is Rebbi Joḥanan ben Beroqa’s reason? Rebbi Ze‘ira said, so was the question: What did they see to say that practice follows Rebbi Joḥanan ben Beroqa? He told him, did you not teach us so: “they shall inherit”? So is the Mishnah: “they shall take.” [Rebbi] La said, even following him who said “inherit”, is not the power of the court strengthened? As you say, nobody can transfer property using the language of gift; here he may do it. Similarly, nobody can transfer property using the language of inheritance; here he may do it.

HALAKHAH: “One who says, Mr. X shall inherit from me,” etc. Rebbi Joḥanan said, Rebbi Joḥanan ben Beroqa said only this about a son among sons or a daughter among daughters, but not a daughter among brothers or a brother among daughters. Rebbi Joḥanan said, practice follows Rebbi Joḥanan ben Beroqa. Rebbi asked Rebbi Nathan; bar Abba said, so was the question: What is Rebbi Joḥanan ben Beroqa’s reason? Rebbi Ze‘ira said, so was the question: What did they see to say that practice follows Rebbi Joḥanan ben Beroqa? He told him, did you not teach us so: “they shall inherit”? So is the Mishnah: “they shall take.” [Rebbi] La said, even following him who said “inherit”, is not the power of the court strengthened? As you say, nobody can transfer property using the language of gift; here he may do it. Similarly, nobody can transfer property using the language of inheritance; here he may do it.

There, we have stated: “Rabban Simeon ben Gamliel said, if she dies, he should inherit from her since he made a condition contradicting what is written in the Torah.” Rav Jeremiah in the name of Rav: “Since he made a condition contradicting what is written in the Torah and anybody’s condition contradicting what is written in the Torah is invalid”? Conditions other than for money matters. But here we are dealing with a money matter! What is Rav’s reason? Because in the end he acquired it. Rebbi Joḥanan said, practice follows Rebbi Joḥanan ben Beroqa, for Rebbi Joḥanan said, if she sold or gave away, the rule should be that it is valid. Then why did they say that her sale is invalid? Lest she smuggle away her properties from her husband and say, they are mine. Rebbi Justinus had a case before the rabbis and they obligated him. He came before Rebbi Simeon ben Laqish who told him, enter your properties. Rebbi Jeremiah asked before Rebbi Ze‘ira: Did not Rav say, because in the end he acquired it. Did not Rebbi Joḥanan say, practice follows Rebbi Joḥanan ben Beroqa? Did not Rebbi Simeon ben Laqish say, go and enter your properties? Who are these rabbis? The rabbis of Rebbi Justinus.

There, we have stated: “Rabban Simeon ben Gamliel said, if she dies, he should inherit from her since he made a condition contradicting what is written in the Torah.” Rav Jeremiah in the name of Rav: “Since he made a condition contradicting what is written in the Torah and anybody’s condition contradicting what is written in the Torah is invalid”? Conditions other than for money matters. But here we are dealing with a money matter! What is Rav’s reason? Because in the end he acquired it. Rebbi Joḥanan said, practice follows Rebbi Joḥanan ben Beroqa, for Rebbi Joḥanan said, if she sold or gave away, the rule should be that it is valid. Then why did they say that her sale is invalid? Lest she smuggle away her properties from her husband and say, they are mine. Rebbi Justinus had a case before the rabbis and they obligated him. He came before Rebbi Simeon ben Laqish who told him, enter your properties. Rebbi Jeremiah asked before Rebbi Ze‘ira: Did not Rav say, because in the end he acquired it. Did not Rebbi Joḥanan say, practice follows Rebbi Joḥanan ben Beroqa? Did not Rebbi Simeon ben Laqish say, go and enter your properties? Who are these rabbis? The rabbis of Rebbi Justinus.

“When they sanctified the year at Usha, on the first day Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa, led and recited following the opinion of Rebbi Joḥanan ben Nuri. Rabban Simeon ben Gamliel said, we did not follow this at Jabneh. On the second day, Rebbi Ḥananiah, the son of Rebbi Yose the Galilean, led and recited following Rebbi Aqiba. Rabban Simeon ben Gamliel said, this we did follow at Jabneh.” But does this not mean that they sanctified it on the first and the second day? Rebbi Zeˋira in the name of Rav Ḥisda: That year was disorganized. What is “on the first, on the second”? Rav Abba in the name of Rav: The first year, the second year! But was it not stated: the first day, the second day?

MISHNAH: And one who kidnaps a person from Israel is not punishable unless he bring him into his property. Rebbi Jehudah says, unless he bring him into his property and use him, as it is said, and enslaved him or sold him. One who kidnaps his own son, Rebbi Joḥanan ben Beroqa declares punishable but the Sages make him not prosecutable. One who kidnapped a person half slave and half free Rebbi Joḥanan ben Beroqa declares punishable but the Sages make him not prosecutable.

MISHNAH: And one who kidnaps a person from Israel is not punishable unless he bring him into his property. Rebbi Jehudah says, unless he bring him into his property and use him, as it is said, and enslaved him or sold him. One who kidnaps his own son, Rebbi Joḥanan ben Beroqa declares punishable but the Sages make him not prosecutable. One who kidnapped a person half slave and half free Rebbi Joḥanan ben Beroqa declares punishable but the Sages make him not prosecutable.

What is the reason of Rebbi Joḥanan ben Beroqa? Of the Children of Israel. What is the reason of the rabbis? Of his brothers, not his sons. What is the reason of Rebbi Jehudah? Of his brothers, even partially his brother. What is the reason of the rabbis? Of his brothers, unless he be totally his brother.

MISHNAH: If she had compromised her ketubah, she shall not be able to collect without an oath. If one witness testifies that [the ketubah] was paid, she shall not be able to collect without an oath. From encumbered property, or from orphans’ property, she shall not be able to collect without an oath. If she collects in his absence, she shall not be able to collect without an oath. Similarly, the orphans can collect only by an oath; “an oath that our father did not instruct us, our father did not tell us, and we found nothing in our father’s documents that this note of indebtedness was paid.” Rebbi Joḥanan ben Beroqa testified that even if the son was born after the father’s death he swears and collects. Rabban Simeon ben Gamliel said, if there are witnesses that the father said on his death bed that this note of indebtedness was not paid, he collects without oath.