claim

Hear thou, Thomas, the things which must come to pass in the last times: there shall be famine and war and earthquakes in divers places, snow and ice and great drought shall there be, and many dissensions among the peoples, blasphemy, iniquity, envy and villainy, indolence, pride and intemperance, so that every man shall speak that which pleaseth him. And my priests shall not have peace among themselves, but shall sacrifice unto me with deceitful mind: therefore will I not look upon them. Then shall the priests behold the people departing from the house of the Lord and turning unto the world and setting up ( or , transgressing) landmarks in the house of God. And they shall claim (vindicate) for themselves many [things and] places that were lost and that shall be subject unto Caesar as also they were aforetime: giving poll-taxes of (for) the cities, even gold and silver, and the chief men of the cities shall be condemned, and their substance brought into† the treasury of the kings, and they shall be filled.

And Ouazanes the son of Misdaeus came unto the soldiers and said: Give me him that I may speak with him until the king cometh. And they gave him up, and he brought him in where the king gave judgement. And Iuzanes saith: Knowest thou not that I am the son of Misdaeus the king, and I have power to say unto the king what I will, and he will suffer thee to live? tell me then, who is thy God, and what power dost thou claim and glory in it? for if it be some power or art of magic, tell it me and teach me, and I will let thee go. Judas saith unto him: Thou art the son of Misdaeus the king who is king for a time, but I am the servant of Jesus Christ the eternal king, and thou hast power to say to thy father to save whom thou wilt in the temporal life wherein men continue not, which thou and thy father grant, but I beseech my Lord and intercede for men, and he giveth them a new life which is altogether enduring. And thou boastest thyself of possessions and servants and robes and luxury and unclean chamberings, but I boast myself of poverty and philosophy and humility and lasting and prayer and the fellowship of the Holy Ghost and of my brethren that are worthy of God: and I boast myself of eternal life. And thou reliest on (hast taken refuge with) a man like unto thyself and not able to save his own soul from judgement and death, but I rely upon the living God, upon the saviour of kings and princes, who is the judge of all men. And ye indeed to-day perchance are, and to-morrow are no more, but I have taken refuge with him that abideth for ever and knoweth all our seasons and times. And if thou wilt become the servant of this God thou shalt soon do so; but show that thou wilt be a servant worthy of him hereby: first by holiness (purity), which is the head of all good things, and then by fellowship with this God whom I preach, and philosophy and simplicity and love and faith and (good hope) in him, and unity of pure food.

Fear ye the Lord, and love your neighbour; and even though the spirits of Beliar claim you to afflict you with every evil, yet shall they not have dominion over you, even as they had not over Joseph my brother.,

This was the cause why Moses was provoked to send an army to destroy the Midianites, concerning which expedition we shall speak presently, when we have first related what we have omitted; for it is but just not to pass over our legislator's due encomium, on account of his conduct here, because, although this Balaam, who was sent for by the Midianites to curse the Hebrews, and when he was hindered from doing it by Divine Providence, did still suggest that advice to them, by making use of which our enemies had well nigh corrupted the whole multitude of the Hebrews with their wiles, till some of them were deeply infected with their opinions; yet did he do him great honor, by setting down his prophecies in writing. And while it was in his power to claim this glory to himself, and make men believe they were his own predictions, there being no one that could be a witness against him, and accuse him for so doing, he still gave his attestation to him, and did him the honor to make mention of him on this account. But let every one think of these matters as he pleases.

He also called to mind the covenants and the oaths he had made with Jonathan, the son of Saul, and the friendship and affection Jonathan had for him; for besides all the rest of his excellent qualities with which he was endowed, he was also exceeding mindful of such as had at other times bestowed benefits upon him. He therefore gave order that inquiry should be made, whether any of Jonathan's lineage were living, to whom he might make return of that familiar acquaintance which Jonathan had had with him, and for which he was still debtor. And when one of Saul's freed men was brought to him, who was acquainted with those of his family that were still living, he asked him whether he could tell him of any one belonging to Jonathan that was now alive, and capable of a requital of the benefits which he had received from Jonathan. And he said, that a son of his was remaining, whose name was Mephibosheth, but that he was lame of his feet; for that when his nurse heard that the father and grandfather of the child were fallen in the battle, she snatched him up, and fled away, and let him fall from her shoulders, and his feet were lamed. So when he had learned where and by whom he was brought up, he sent messengers to Machir, to the city of Lodebar, for with him was the son of Jonathan brought up, and sent for him to come to him. So when Mephibosheth came to the king, he fell on his face and worshipped him; but David encouraged him, bade him be of good cheer, and expect better times. So he gave him his father's house, and all the estate which his grandfather Saul was in possession of, and bade him come and diet with him at his own table, and never to be absent one day from that table. And when the youth had worshipped him on account of his words and gifts given to him, he called for Ziba, and told him that he had given the youth his father's house, and all Saul's estate. He also ordered that Ziba should cultivate his land, and take care of it, and bring him the profits of all to Jerusalem. Accordingly, David brought him to his table every day, and bestowed upon the youth, Ziba and his sons, who were in number fifteen, and his servants, who were in number twenty. When the king had made these appointments, and Ziba had worshipped him, and promised to do all that he had bidden him, he went his way; so that this son of Jonathan dwelt at Jerusalem, and dieted at the king's table, and had the same care that a son could claim taken of him. He also had himself a son, whom he named Micha.

Jonathan having thus gotten a glorious victory, and slain two thousand of the enemy, returned to Jerusalem. So when he saw that all his affairs prospered according to his mind, by the providence of God, he sent ambassadors to the Romans, being desirous of renewing that friendship which their nation had with them formerly. He enjoined the same ambassadors, that, as they came back, they should go to the Spartans, and put them in mind of their friendship and kindred. So when the ambassadors came to Rome, they went into their senate, and said what they were commanded by Jonathan the high priest to say, how he had sent them to confirm their friendship. The senate then confirmed what had been formerly decreed concerning their friendship with the Jews, and gave them letters to carry to all the kings of Asia and Europe, and to the governors of the cities, that they might safely conduct them to their own country. Accordingly, as they returned, they came to Sparta, and delivered the epistle which they had received of Jonathan to them; a copy of which here follows: "Jonathan the high priest of the Jewish nation, and the senate, and body of the people of the Jews, to the ephori, and senate, and people of the Lacedemonians, send greeting. If you be well, and both your public and private affairs be agreeable to your mind, it is according to our wishes. We are well also. When in former times an epistle was brought to Onias, who was then our high priest, from Areus, who at that time was your king, by Demoteles, concerning the kindred that was between us and you, a copy of which is here subjoined, we both joyfully received the epistle, and were well pleased with Demoteles and Areus, although we did not need such a demonstration, because we were satisfied about it from the sacred writings yet did not we think fit first to begin the claim of this relation to you, lest we should seem too early in taking to ourselves the glory which is now given us by you. It is a long time since this relation of ours to you hath been renewed; and when we, upon holy and festival days, offer sacrifices to God, we pray to him for your preservation and victory. As to ourselves, although we have had many wars that have compassed us around, by reason of the covetousness of our neighbors, yet did not we determine to be troublesome either to you, or to others that were related to us; but since we have now overcome our enemies, and have occasion to send Numenius the son of Antiochus, and Antipater the son of Jason, who are both honorable men belonging to our senate, to the Romans, we gave them this epistle to you also, that they might renew that friendship which is between us. You will therefore do well yourselves to write to us, and send us an account of what you stand in need of from us, since we are in all things disposed to act according to your desires." So the Lacedemonians received the ambassadors kindly, and made a decree for friendship and mutual assistance, and sent it to them.

Now although they suggested these arguments to him for his own advantage, yet did Hyrcanus still desire to depart. Herod also wrote to him, and persuaded him to desire of Phraates, and the Jews that were there, that they should not grudge him the royal authority, which he should have jointly with himself, for that now was the proper time for himself to make him amends for the favors he had received from him, as having been brought up by him, and saved by him also, as well as for Hyrcanus to receive it. And as he wrote thus to Hyrcanus, so did he send also Saramallas, his ambassador, to Phraates, and many presents with him, and desired him in the most obliging way that he would be no hinderance to his gratitude towards his benefactor. But this zeal of Herod's did not flow from that principle, but because he had been made governor of that country without having any just claim to it, he was afraid, and that upon reasons good enough, of a change in his condition, and so made what haste he could to get Hyrcanus into his power, or indeed to put him quite out of the way; which last thing he compassed afterward.

Now when Archelaus had sent in his papers to Cæsar, wherein he pleaded his right to the kingdom, and his father's testament, with the accounts of Herod's money, and with Ptolemy, who brought Herod's seal, he so expected the event; but when Cæsar had read these papers, and Varus's and Sabinus's letters, with the accounts of the money, and what were the annual incomes of the kingdom, and understood that Antipas had also sent letters to lay claim to the kingdom, he summoned his friends together, to know their opinions, and with them Caius, the son of Agrippa, and of Julia his daughter, whom he had adopted, and took him, and made him sit first of all, and desired such as pleased to speak their minds about the affairs now before them. Now Antipater, Salome's son, a very subtle orator, and a bitter enemy to Archelaus, spake first to this purpose: That it was ridiculous in Archelaus to plead now to have the kingdom given him, since he had, in reality, taken already the power over it to himself, before Cæsar had granted it to him; and appealed to those bold actions of his, in destroying so many at the Jewish festival; and if the men had acted unjustly, it was but fit the punishing of them should have been reserved to those that were out of the country, but had the power to punish them, and not been executed by a man that, if he pretended to be a king, he did an injury to Cæsar, by usurping that authority before it was determined for him by Cæsar; but if he owned himself to be a private person, his case was much worse, since he who was putting in for the kingdom could by no means expect to have that power granted him, of which he had already deprived Cæsar [by taking it to himself]. He also touched sharply upon him, and appealed to his changing the commanders in the army, and his sitting in the royal throne beforehand, and his determination of law-suits; all done as if he were no other than a king. He appealed also to his concessions to those that petitioned him on a public account, and indeed doing such things, than which he could devise no greater if he had been already settled in the kingdom by Cæsar. He also ascribed to him the releasing of the prisoners that were in the hippodrome, and many other things, that either had been certainly done by him, or were believed to be done, and easily might be believed to have been done, because they were of such a nature as to be usually done by young men, and by such as, out of a desire of ruling, seize upon the government too soon. He also charged him with his neglect of the funeral mourning for his father, and with having merry meetings the very night in which he died; and that it was thence the multitude took the handle of raising a tumult: and if Archelaus could thus requite his dead father, who had bestowed such benefits upon him, and bequeathed such great things to him, by pretending to shed tears for him in the day time, like an actor on the stage, but every night making mirth for having gotten the government, he would appear to be the same Archelaus with regard to Cæsar, if he granted him the kingdom, which he hath been to his father; since he had then dancing and singing, as though an enemy of his were fallen, and not as though a man were carried to his funeral, that was so nearly related, and had been so great a benefactor to him. But he said that the greatest crime of all was this, that he came now before Cæsar to obtain the government by his grant, while he had before acted in all things as he could have acted if Cæsar himself, who ruled all, had fixed him firmly in the government. And what he most aggravated in his pleading was the slaughter of those about the temple, and the impiety of it, as done at the festival; and how they were slain like sacrifices themselves, some of whom were foreigners, and others of their own country, till the temple was full of dead bodies: and all this was done, not by an alien, but by one who pretended to the lawful title of a king, that he might complete the wicked tyranny which his nature prompted him to, and which is hated by all men. On which account his father never so much as dreamed of making him his successor in the kingdom, when he was of a sound mind, because he knew his disposition; and in his former and more authentic testament, he appointed his antagonist Antipas to succeed; but that Archelaus was called by his father to that dignity when he was in a dying condition, both of body and mind; while Antipas was called when he was ripest in his judgment, and of such strength of body as made him capable of managing his own affairs: and if his father had the like notion of him formerly that he hath now showed, yet hath he given a sufficient specimen what a king he is likely to be, when he hath [in effect] deprived Cæsar of that power of disposing of the kingdom, which he justly hath, and hath not abstained from making a terrible slaughter of his fellow citizens in the temple, while he was but a private person.

When the public affairs were in this posture, Claudius was on the sudden hurried away out of his house; for the soldiers had a meeting together; and when they had debated about what was to be done, they saw that a democracy was incapable of managing such a vast weight of public affairs; and that if it should be set up, it would not be for their advantage; and in case any one of those already in the government should obtain the supreme power, it would in all respects be to their grief, if they were not assisting to him in this advancement; that it would therefore be right for them, while the public affairs were unsettled, to choose Claudius emperor, who was uncle to the deceased Caius, and of a superior dignity and worth to every one of those that were assembled together in the senate, both on account of the virtues of his ancestors, and of the learning he had acquired in his education; and who, if once settled in the empire, would reward them according to their deserts, and bestow largesses upon them. These were their consultations, and they executed the same immediately. Claudius was therefore seized upon suddenly by the soldiery. But Cneas Sentins Saturninus, although he understood that Claudius was seized, and that he intended to claim the government, unwillingly indeed in appearance, but in reality by his own free consent, stood up in the senate, and, without being dismayed, made an exhortatory oration to them, and such a one indeed as was fit for men of freedom and generosity, and spake thus:

Now Claudius, though he was sensible after what an insolent manner the senate had sent to him yet did he, according to their advice, behave himself for the present with moderation; but not so far that he could not recover himself out of his fright; so he was encouraged [to claim the government] partly by the boldness of the soldiers, and partly by the persuasion of king Agrippa, who exhorted him not to let such a dominion slip out of his hands, when it came thus to him of its own accord. Now this Agrippa, with relation to Caius, did what became one that had been so much honored by him; for he embraced Caius's body after he was dead, and laid it upon a bed, and covered it as well as he could, and went out to the guards, and told them that Caius was still alive; but he said that they should call for physicians, since he was very ill of his wounds. But when he had learned that Claudius was carried away violently by the soldiers, he rushed through the crowd to him, and when he found that he was in disorder, and ready to resign up the government to the senate, he encouraged him, and desired him to keep the government; but when he had said this to Claudius, he retired home. And upon the senate's sending for him, he anointed his head with ointment, as if he had lately accompanied with his wife, and had dismissed her, and then came to them: he also asked of the senators what Claudius did; who told him the present state of affairs, and then asked his opinion about the settlement of the public. He told them in words that he was ready to lose his life for the honor of the senate, but desired them to consider what was for their advantage, without any regard to what was most agreeable to them; for that those who grasp at government will stand in need of weapons and soldiers to guard them, unless they will set up without any preparation for it, and so fall into danger. And when the senate replied that they would bring in weapons in abundance, and money, and that as to an army, a part of it was already collected together for them, and they would raise a larger one by giving the slaves their liberty,—Agrippa made answer, "O senators! may you be able to compass what you have a mind to; yet will I immediately tell you my thoughts, because they tend to your preservation. Take notice, then, that the army which will fight for Claudius hath been long exercised in warlike affairs; but our army will be no better than a rude multitude of raw men, and those such as have been unexpectedly made free from slavery, and ungovernable; we must then fight against those that are skillful in war, with men who know not so much as how to draw their swords. So that my opinion is, that we should send some persons to Claudius, to persuade him to lay down the government; and I am ready to be one of your ambassadors."

And now the consuls called the senate together into the temple of Jupiter the Conqueror, while it was still night; but some of those senators concealed themselves in the city, being uncertain what to do, upon the hearing of this summons; and some of them went out of the city to their own farms, as foreseeing whither the public affairs were going, and despairing of liberty; nay, these supposed it much better for them to be slaves without danger to themselves, and to live a lazy and inactive life, than by claiming the dignity of their forefathers, to run the hazard of their own safety. However, a hundred and no more were gotten together; and as they were in consultation about the present posture of affairs, a sudden clamor was made by the soldiers that were on their side, desiring that the senate would choose them an emperor, and not bring the government into ruin by setting up a multitude of rulers. So they fully declared themselves to be for the giving the government not to all, but to one; but they gave the senate leave to look out for a person worthy to be set over them, insomuch that now the affairs of the senate were much worse than before, because they had not only failed in the recovery of their liberty, which they boasted themselves of, but were in dread of Claudius also. Yet were there those that hankered after the government, both on account of the dignity of their families and that accruing to them by their marriages; for Marcus Minucianus was illustrious, both by his own nobility, and by his having married Julia, the sister of Caius, who accordingly was very ready to claim the government, although the consuls discouraged him, and made one delay after another in proposing it: that Minucianus also, who was one of Caius's murderers, restrained Valerius of Asia from thinking of such things; and a prodigious slaughter there had been, if leave had been given to these men to set up for themselves, and oppose Claudius. There were also a considerable number of gladiators besides, and of those soldiers who kept watch by night in the city, and rowers of ships, who all ran into the camp; insomuch that, of those who put in for the government, some left off their pretensions in order to spare the city, and others out of fear for their own persons.

Now those other people which were at variance with Aristobulus were afraid upon his unexpected obtaining the government; and especially this concerned Antipater whom Aristobulus hated of old. He was by birth an Idumean, and one of the principal of that nation, on account of his ancestors and riches, and other authority to him belonging: he also persuaded Hyrcanus to fly to Aretas, the king of Arabia, and to lay claim to the kingdom; as also he persuaded Aretas to receive Hyrcanus, and to bring him back to his kingdom: he also cast great reproaches upon Aristobulus, as to his morals, and gave great commendations to Hyrcanus, and exhorted Aretas to receive him, and told him how becoming a filing it would be for him, who ruled so great a kingdom, to afford his assistance to such as are injured; alleging that Hyrcanus was treated unjustly, by being deprived of that dominion which belonged to him by the prerogative of his birth. And when he had predisposed them both to do what he would have them, he took Hyrcanus by night, and ran away from the city, and, continuing his flight with great swiftness, he escaped to the place called Petra, which is the royal seat of the king of Arabia, where he put Hyrcanus into Aretas's hand; and by discoursing much with him, and gaining upon him with many presents, he prevailed with him to give him an army that might restore him to his kingdom. This army consisted of fifty thousand footmen and horsemen, against which Aristobulus was not able to make resistance, but was deserted in his first onset, and was driven to Jerusalem; he also had been taken at first by force, if Scaurus, the Roman general, had not come and seasonably interposed himself, and raised the siege. This Scaurus was sent into Syria from Armenia by Pompey the Great, when he fought against Tigranes; so Scaurus came to Damascus, which had been lately taken by Metellus and Lollius, and caused them to leave the place; and, upon his hearing how the affairs of Judea stood, he made haste thither as to a certain booty.

Now as soon as this fellow perceived the rotten parts of the family, and what quarrels the brothers had one with another, and in what disposition the father was towards each of them, he chose to take his lodging at the first in the house of Antipater, but deluded Alexander with a pretense of friendship to him, and falsely claimed to be an old acquaintance of Archelaus; for which reason he was presently admitted into Alexander's familiarity as a faithful friend. He also soon recommended himself to his brother Aristobulus. And when he had thus made trial of these several persons, he imposed upon one of them by one method, and upon another by another. But he was principally hired by Antipater, and so betrayed Alexander, and this by reproaching Antipater, because, while he was the eldest son he overlooked the intrigues of those who stood in the way of his expectations; and by reproaching Alexander, because he who was born of a queen, and was married to a king's daughter, permitted one that was born of a mean woman to lay claim to the succession, and this when he had Archelaus to support him in the most complete manner. Nor was his advice thought to be other than faithful by the young man, because of his pretended friendship with Archelaus; on which account it was that Alexander lamented to him Antipater's behavior with regard to himself, and this without concealing any thing from him; and how it was no wonder if Herod, after he had killed their mother, should deprive them of her kingdom. Upon this Eurycles pretended to commiserate his condition, and to grieve with him. He also, by a bait that he laid for him, procured Aristobulus to say the same things. Thus did he inveigle both the brothers to make complaints of their father, and then went to Antipater, and carried these grand secrets to him. He also added a fiction of his own, as if his brothers had laid a plot against him, and were almost ready to come upon him with their drawn swords. For this intelligence he received a great sum of money, and on that account he commended Antipater before his father, and at length undertook the work of bringing Alexander and Aristobulus to their graves, and accused them before their father. So he came to Herod, and told him that he would save his life, as a requital for the favors he had received from him, and would preserve his light [of life] by way of retribution for his kind entertainment; for that a sword had been long whetted, and Alexander's right hand had been long stretched out against him; but that he had laid impediments in his way, prevented his speed, and that by pretending to assist him in his design: how Alexander said that Herod was not contented to reign in a kingdom that belonged to others, and to make dilapidations in their mother's government after he had killed her; but besides all this, that he introduced a spurious successor, and proposed to give the kingdom of their ancestors to that pestilent fellow Antipater:--that he would now appease the ghosts of Hyrcanus and Mariamne, by taking vengeance on him; for that it was not fit for him to take the succession to the government from such a father without bloodshed: that many things happen every day to provoke him so to do, insomuch that he can say nothing at all, but it affords occasion for calumny against him; for that if any mention be made of nobility of birth, even in other cases, he is abused unjustly, while his father would say that nobody, to be sure, is of noble birth but Alexander, and that his father was inglorious for want of such nobility. If they be at any time hunting, and he says nothing, he gives offense; and if he commends any body, they take it in way of jest. That they always find their father unmercifully severe, and have no natural affection for any of them but for Antipater; on which accounts, if this plot does not take, he is very willing to die; but that in case he kill his father, he hath sufficient opportunities for saving himself. In the first place, he hath Archelaus his father-in-law to whom he can easily fly; and in the next place, he hath Caesar, who had never known Herod's character to this day; for that he shall not appear then before him with that dread he used to do when his father was there to terrify him; and that he will not then produce the accusations that concerned himself alone, but would, in the first place, openly insist on the calamities of their nation, and how they are taxed to death, and in what ways of luxury and wicked practices that wealth is spent which was gotten by bloodshed; what sort of persons they are that get our riches, and to whom those cities belong upon whom he bestows his favors; that he would have inquiry made what became of his grandfather [Hyrcanus], and his mother [Mariamne], and would openly proclaim the gross wickedness that was in the kingdom; on which accounts he should not be deemed a parricide.

Sabinus did also afford these his assistance to the same purpose by letters he sent, wherein he accused Archelaus before Caesar, and highly commended Antipas. Salome also, and those with her, put the crimes which they accused Archelaus of in order, and put them into Caesar's hands; and after they had done that, Archelaus wrote down the reasons of his claim, and, by Ptolemy, sent in his father's ring, and his father's accounts. And when Caesar had maturely weighed by himself what both had to allege for themselves, as also had considered of the great burden of the kingdom, and largeness of the revenues, and withal the number of the children Herod had left behind him, and had moreover read the letters he had received from Varus and Sabinus on this occasion, he assembled the principal persons among the Romans together, [in which assembly Caius, the son of Agrippa, and his daughter Julias, but by himself adopted for his own son, sat in the first seat,] and gave the pleaders leave to speak.

In the mean time, one of the soldiers belonging to the senate drew his sword, and cried out, "O my fellow soldiers, what is the meaning of this choice of ours, to kill our brethren, and to use violence to our kindred that are with Claudius? while we may have him for our emperor whom no one can blame, and who hath so many just reasons [to lay claim to the government]; and this with regard to those against whom we are going to fight." When he had said this, he marched through the whole senate, and carried all the soldiers along with him. Upon which all the patricians were immediately in a great fright at their being thus deserted. But still, because there appeared no other way whither they could turn themselves for deliverance, they made haste the same way with the soldiers, and went to Claudius. But those that had the greatest luck in flattering the good fortune of Claudius betimes met them before the walls with their naked swords, and there was reason to fear that those that came first might have been in danger, before Claudius could know what violence the soldiers were going to offer them, had not Agrippa ran before, and told him what a dangerous thing they were going about, and that unless he restrained the violence of these men, who were in a fit of madness against the patricians, he would lose those on whose account it was most desirable to rule, and would be emperor over a desert.

"Had I perceived that you were all zealously disposed to go to war with the Romans, and that the purer and more sincere part of the people did not propose to live in peace, I had not come out to you, nor been so bold as to give you counsel; for all discourses that tend to persuade men to do what they ought to do are superfluous, when the hearers are agreed to do the contrary. But because some are earnest to go to war because they are young, and without experience of the miseries it brings, and because some are for it out of an unreasonable expectation of regaining their liberty, and because others hope to get by it, and are therefore earnestly bent upon it, that in the confusion of your affairs they may gain what belongs to those that are too weak to resist them, I have thought proper to get you all together, and to say to you what I think to be for your advantage; that so the former may grow wiser, and change their minds, and that the best men may come to no harm by the ill conduct of some others. And let not any one be tumultuous against me, in case what they hear me say do not please them; for as to those that admit of no cure, but are resolved upon a revolt, it will still be in their power to retain the same sentiments after my exhortation is over; but still my discourse will fall to the ground, even with a relation to those that have a mind to hear me, unless you will all keep silence. I am well aware that many make a tragical exclamation concerning the injuries that have been offered you by your procurators, and concerning the glorious advantages of liberty; but before I begin the inquiry, who you are that must go to war, and who they are against whom you must fight, I shall first separate those pretenses that are by some connected together; for if you aim at avenging yourselves on those that have done you injury, why do you pretend this to be a war for recovering your liberty? but if you think all servitude intolerable, to what purpose serve your complaint against your particular governors? for if they treated you with moderation, it would still be equally an unworthy thing to be in servitude. Consider now the several cases that may be supposed, how little occasion there is for your going to war. Your first occasion is the accusations you have to make against your procurators; now here you ought to be submissive to those in authority, and not give them any provocation; but when you reproach men greatly for small offenses, you excite those whom you reproach to be your adversaries; for this will only make them leave off hurting you privately, and with some degree of modesty, and to lay what you have waste openly. Now nothing so much damps the force of strokes as bearing them with patience; and the quietness of those who are injured diverts the injurious persons from afflicting. But let us take it for granted that the Roman ministers are injurious to you, and are incurably severe; yet are they not all the Romans who thus injure you; nor hath Caesar, against whom you are going to make war, injured you: it is not by their command that any wicked governor is sent to you; for they who are in the west cannot see those that are in the east; nor indeed is it easy for them there even to hear what is done in these parts. Now it is absurd to make war with a great many for the sake of one, to do so with such mighty people for a small cause; and this when these people are not able to know of what you complain: nay, such crimes as we complain of may soon be corrected, for the same procurator will not continue for ever; and probable it is that the successors will come with more moderate inclinations. But as for war, if it be once begun, it is not easily laid down again, nor borne without calamities coming therewith. However, as to the desire of recovering your liberty, it is unseasonable to indulge it so late; whereas you ought to have labored earnestly in old time that you might never have lost it; for the first experience of slavery was hard to be endured, and the struggle that you might never have been subject to it would have been just; but that slave who hath been once brought into subjection, and then runs away, is rather a refractory slave than a lover of liberty; for it was then the proper time for doing all that was possible, that you might never have admitted the Romans [into your city], when Pompey came first into the country. But so it was, that our ancestors and their kings, who were in much better circumstances than we are, both as to money, and strong bodies, and [valiant] souls, did not bear the onset of a small body of the Roman army. And yet you, who have now accustomed yourselves to obedience from one generation to another, and who are so much inferior to those who first submitted, in your circumstances will venture to oppose the entire empire of the Romans. While those Athenians, who, in order to preserve the liberty of Greece, did once set fire to their own city; who pursued Xerxes, that proud prince, when he sailed upon the land, and walked upon the sea, and could not be contained by the seas, but conducted such an army as was too broad for Europe; and made him run away like a fugitive in a single ship, and brake so great a part of Asia at the Lesser Salamis; are yet at this time servants to the Romans; and those injunctions which are sent from Italy become laws to the principal governing city of Greece. Those Lacedemonians also who got the great victories at Thermopylae and Platea, and had Agesilaus [for their king], and searched every corner of Asia, are contented to admit the same lords. Those Macedonians also, who still fancy what great men their Philip and Alexander were, and see that the latter had promised them the empire over the world, these bear so great a change, and pay their obedience to those whom fortune hath advanced in their stead. Moreover, ten thousand ether nations there are who had greater reason than we to claim their entire liberty, and yet do submit. You are the only people who think it a disgrace to be servants to those to whom all the world hath submitted. What sort of an army do you rely on? What are the arms you depend on? Where is your fleet, that may seize upon the Roman seas? and where are those treasures which may be sufficient for your undertakings? Do you suppose, I pray you, that you are to make war with the Egyptians, and with the Arabians? Will you not carefully reflect upon the Roman empire? Will you not estimate your own weakness? Hath not your army been often beaten even by your neighboring nations, while the power of the Romans is invincible in all parts of the habitable earth? nay, rather they seek for somewhat still beyond that; for all Euphrates is not a sufficient boundary for them on the east side, nor the Danube on the north; and for their southern limit, Libya hath been searched over by them, as far as countries uninhabited, as is Cadiz their limit on the west; nay, indeed, they have sought for another habitable earth beyond the ocean, and have carried their arms as far as such British islands as were never known before. What therefore do you pretend to? Are you richer than the Gauls, stronger than the Germans, wiser than the Greeks, more numerous than all men upon the habitable earth? What confidence is it that elevates you to oppose the Romans? Perhaps it will be said, It is hard to endure slavery. Yes; but how much harder is this to the Greeks, who were esteemed the noblest of all people under the sun! These, though they inhabit in a large country, are in subjection to six bundles of Roman rods. It is the same case with the Macedonians, who have juster reason to claim their liberty than you have. What is the case of five hundred cities of Asia? Do they not submit to a single governor, and to the consular bundle of rods? What need I speak of the Henlochi, and Colchi and the nation of Tauri, those that inhabit the Bosphorus, and the nations about Pontus, and Meotis, who formerly knew not so much as a lord of their own, but are now subject to three thousand armed men, and where forty long ships keep the sea in peace, which before was not navigable, and very tempestuous? How strong a plea may Bithynia, and Cappadocia, and the people of Pamphylia, the Lycians, and Cilicians, put in for liberty! But they are made tributary without an army. What are the circumstances of the Thracians, whose country extends in breadth five days' journey, and in length seven, and is of a much more harsh constitution, and much more defensible, than yours, and by the rigor of its cold sufficient to keep off armies from attacking them? do not they submit to two thousand men of the Roman garrisons? Are not the Illyrlans, who inhabit the country adjoining, as far as Dalmatia and the Danube, governed by barely two legions? by which also they put a stop to the incursions of the Daeians. And for the Dalmatians, who have made such frequent insurrections in order to regain their liberty, and who could never before be so thoroughly subdued, but that they always gathered their forces together again, revolted, yet are they now very quiet under one Roman legion. Moreover, great advantages might provoke any people to revolt, the Gauls might do it best of all, as being so thoroughly walled round by nature; on the east side by the Alps, on the north by the river Rhine, on the south by the Pyrenean mountains, and on the west by the ocean. Now although these Gauls have such obstacles before them to prevent any attack upon them, and have no fewer than three hundred and five nations among them, nay have, as one may say, the fountains of domestic happiness within themselves, and send out plentiful streams of happiness over almost the whole world, these bear to be tributary to the Romans, and derive their prosperous condition from them; and they undergo this, not because they are of effeminate minds, or because they are of an ignoble stock, as having borne a war of eighty years in order to preserve their liberty; but by reason of the great regard they have to the power of the Romans, and their good fortune, which is of greater efficacy than their arms. These Gauls, therefore, are kept in servitude by twelve hundred soldiers, which are hardly so many as are their cities; nor hath the gold dug out of the mines of Spain been sufficient for the support of a war to preserve their liberty, nor could their vast distance from the Romans by land and by sea do it; nor could the martial tribes of the Lusitanians and Spaniards escape; no more could the ocean, with its tide, which yet was terrible to the ancient inhabitants. Nay, the Romans have extended their arms beyond the pillars of Hercules, and have walked among the clouds, upon the Pyrenean mountains, and have subdued these nations. And one legion is a sufficient guard for these people, although they were so hard to be conquered, and at a distance so remote from Rome. Who is there among you that hath not heard of the great number of the Germans? You have, to be sure, yourselves seen them to be strong and tall, and that frequently, since the Romans have them among their captives every where; yet these Germans, who dwell in an immense country, who have minds greater than their bodies, and a soul that despises death, and who are in rage more fierce than wild beasts, have the Rhine for the boundary of their enterprises, and are tamed by eight Roman legions. Such of them as were taken captive became their servants; and the rest of the entire nation were obliged to save themselves by flight. Do you also, who depend on the walls of Jerusalem, consider what a wall the Britons had; for the Romans sailed away to them, an subdued them while they were encompassed by the ocean, and inhabited an island that is not less than the [continent of this] habitable earth; and four legions are a sufficient guard to so large an island And why should I speak much more about this matter, while the Parthians, that most warlike body of men, and lords of so many nations, and encompassed with such mighty forces, send hostages to the Romans? whereby you may see, if you please, even in Italy, the noblest nation of the East, under the notion of peace, submitting to serve them. Now when almost all people under the sun submit to the Roman arms, will you be the only people that make war against them? and this without regarding the fate of the Carthaginians, who, in the midst of their brags of the great Hannibal, and the nobility of their Phoenician original, fell by the hand of Scipio. Nor indeed have the Cyrenians, derived from the Lacedemonians, nor the Marmaridite, a nation extended as far as the regions uninhabitable for want of water, nor have the Syrtes, a place terrible to such as barely hear it described, the Nasamons and Moors, and the immense multitude of the Numidians, been able to put a stop to the Roman valor. And as for the third part of the habitable earth, [Africa,] whose nations are so many that it is not easy to number them, and which is bounded by the Atlantic Sea and the pillars of Hercules, and feeds an innumerable multitude of Ethiopians, as far as the Red Sea, these have the Romans subdued entirely. And besides the annual fruits of the earth, which maintain the multitude of the Romans for eight months in the year, this, over and above, pays all sorts of tribute, and affords revenues suitable to the necessities of the government. Nor do they, like you, esteem such injunctions a disgrace to them, although they have but one Roman legion that abides among them. And indeed what occasion is there for showing you the power of the Romans over remote countries, when it is so easy to learn it from Egypt, in your neighborhood? This country is extended as far as the Ethiopians, and Arabia the Happy, and borders upon India; it hath seven millions five hundred thousand men, besides the inhabitants of Alexandria, as may be learned from the revenue of the poll tax; yet it is not ashamed to submit to the Roman government, although it hath Alexandria as a grand temptation to a revolt, by reason it is so full of people and of riches, and is besides exceeding large, its length being thirty furlongs, and its breadth no less than ten; and it pays more tribute to the Romans in one month than you do in a year; nay, besides what it pays in money, it sends corn to Rome that supports it for four months [in the year]: it is also walled round on all sides, either by almost impassable deserts, or seas that have no havens, or by rivers, or by lakes; yet have none of these things been found too strong for the Roman good fortune; however, two legions that lie in that city are a bridle both for the remoter parts of Egypt, and for the parts inhabited by the more noble Macedonians. Where then are those people whom you are to have for your auxiliaries? Must they come from the parts of the world that are uninhabited? for all that are in the habitable earth are [under the] Romans. Unless any of you extend his hopes as far as beyond the Euphrates, and suppose that those of your own nation that dwell in Adiabene will come to your assistance; but certainly these will not embarrass themselves with an unjustifiable war, nor, if they should follow such ill advice, will the Parthians permit them so to do; for it is their concern to maintain the truce that is between them and the Romans, and they will be supposed to break the covenants between them, if any under their government march against the Romans. What remains, therefore, is this, that you have recourse to Divine assistance; but this is already on the side of the Romans; for it is impossible that so vast an empire should be settled without God's providence. Reflect upon it, how impossible it is for your zealous observations of your religious customs to be here preserved, which are hard to be observed even when you fight with those whom you are able to conquer; and how can you then most of all hope for God's assistance, when, by being forced to transgress his law, you will make him turn his face from you? and if you do observe the custom of the sabbath days, and will not be revealed on to do any thing thereon, you will easily be taken, as were your forefathers by Pompey, who was the busiest in his siege on those days on which the besieged rested. But if in time of war you transgress the law of your country, I cannot tell on whose account you will afterward go to war; for your concern is but one, that you do nothing against any of your forefathers; and how will you call upon God to assist you, when you are voluntarily transgressing against his religion? Now all men that go to war do it either as depending on Divine or on human assistance; but since your going to war will cut off both those assistances, those that are for going to war choose evident destruction. What hinders you from slaying your children and wives with your own hands, and burning this most excellent native city of yours? for by this mad prank you will, however, escape the reproach of being beaten. But it were best, O my friends, it were best, while the vessel is still in the haven, to foresee the impending storm, and not to set sail out of the port into the middle of the hurricanes; for we justly pity those who fall into great misfortunes without fore-seeing them; but for him who rushes into manifest ruin, he gains reproaches [instead of commiseration]. But certainly no one can imagine that you can enter into a war as by agreement, or that when the Romans have got you under their power, they will use you with moderation, or will not rather, for an example to other nations, burn your holy city, and utterly destroy your whole nation; for those of you who shall survive the war will not be able to find a place whither to flee, since all men have the Romans for their lords already, or are afraid they shall have hereafter. Nay, indeed, the danger concerns not those Jews that dwell here only, but those of them which dwell in other cities also; for there is no people upon the habitable earth which have not some portion of you among them, whom your enemies will slay, in case you go to war, and on that account also; and so every city which hath Jews in it will be filled with slaughter for the sake of a few men, and they who slay them will be pardoned; but if that slaughter be not made by them, consider how wicked a thing it is to take arms against those that are so kind to you. Have pity, therefore, if not on your children and wives, yet upon this your metropolis, and its sacred walls; spare the temple, and preserve the holy house, with its holy furniture, for yourselves; for if the Romans get you under their power, they will no longer abstain from them, when their former abstinence shall have been so ungratefully requited. I call to witness your sanctuary, and the holy angels of God, and this country common to us all, that I have not kept back any thing that is for your preservation; and if you will follow that advice which you ought to do, you will have that peace which will be common to you and to me; but if you indulge four passions, you will run those hazards which I shall be free from."

"Had I perceived that you were all zealously disposed to go to war with the Romans, and that the purer and more sincere part of the people did not propose to live in peace, I had not come out to you, nor been so bold as to give you counsel; for all discourses that tend to persuade men to do what they ought to do are superfluous, when the hearers are agreed to do the contrary. But because some are earnest to go to war because they are young, and without experience of the miseries it brings, and because some are for it out of an unreasonable expectation of regaining their liberty, and because others hope to get by it, and are therefore earnestly bent upon it, that in the confusion of your affairs they may gain what belongs to those that are too weak to resist them, I have thought proper to get you all together, and to say to you what I think to be for your advantage; that so the former may grow wiser, and change their minds, and that the best men may come to no harm by the ill conduct of some others. And let not any one be tumultuous against me, in case what they hear me say do not please them; for as to those that admit of no cure, but are resolved upon a revolt, it will still be in their power to retain the same sentiments after my exhortation is over; but still my discourse will fall to the ground, even with a relation to those that have a mind to hear me, unless you will all keep silence. I am well aware that many make a tragical exclamation concerning the injuries that have been offered you by your procurators, and concerning the glorious advantages of liberty; but before I begin the inquiry, who you are that must go to war, and who they are against whom you must fight, I shall first separate those pretenses that are by some connected together; for if you aim at avenging yourselves on those that have done you injury, why do you pretend this to be a war for recovering your liberty? but if you think all servitude intolerable, to what purpose serve your complaint against your particular governors? for if they treated you with moderation, it would still be equally an unworthy thing to be in servitude. Consider now the several cases that may be supposed, how little occasion there is for your going to war. Your first occasion is the accusations you have to make against your procurators; now here you ought to be submissive to those in authority, and not give them any provocation; but when you reproach men greatly for small offenses, you excite those whom you reproach to be your adversaries; for this will only make them leave off hurting you privately, and with some degree of modesty, and to lay what you have waste openly. Now nothing so much damps the force of strokes as bearing them with patience; and the quietness of those who are injured diverts the injurious persons from afflicting. But let us take it for granted that the Roman ministers are injurious to you, and are incurably severe; yet are they not all the Romans who thus injure you; nor hath Caesar, against whom you are going to make war, injured you: it is not by their command that any wicked governor is sent to you; for they who are in the west cannot see those that are in the east; nor indeed is it easy for them there even to hear what is done in these parts. Now it is absurd to make war with a great many for the sake of one, to do so with such mighty people for a small cause; and this when these people are not able to know of what you complain: nay, such crimes as we complain of may soon be corrected, for the same procurator will not continue for ever; and probable it is that the successors will come with more moderate inclinations. But as for war, if it be once begun, it is not easily laid down again, nor borne without calamities coming therewith. However, as to the desire of recovering your liberty, it is unseasonable to indulge it so late; whereas you ought to have labored earnestly in old time that you might never have lost it; for the first experience of slavery was hard to be endured, and the struggle that you might never have been subject to it would have been just; but that slave who hath been once brought into subjection, and then runs away, is rather a refractory slave than a lover of liberty; for it was then the proper time for doing all that was possible, that you might never have admitted the Romans [into your city], when Pompey came first into the country. But so it was, that our ancestors and their kings, who were in much better circumstances than we are, both as to money, and strong bodies, and [valiant] souls, did not bear the onset of a small body of the Roman army. And yet you, who have now accustomed yourselves to obedience from one generation to another, and who are so much inferior to those who first submitted, in your circumstances will venture to oppose the entire empire of the Romans. While those Athenians, who, in order to preserve the liberty of Greece, did once set fire to their own city; who pursued Xerxes, that proud prince, when he sailed upon the land, and walked upon the sea, and could not be contained by the seas, but conducted such an army as was too broad for Europe; and made him run away like a fugitive in a single ship, and brake so great a part of Asia at the Lesser Salamis; are yet at this time servants to the Romans; and those injunctions which are sent from Italy become laws to the principal governing city of Greece. Those Lacedemonians also who got the great victories at Thermopylae and Platea, and had Agesilaus [for their king], and searched every corner of Asia, are contented to admit the same lords. Those Macedonians also, who still fancy what great men their Philip and Alexander were, and see that the latter had promised them the empire over the world, these bear so great a change, and pay their obedience to those whom fortune hath advanced in their stead. Moreover, ten thousand ether nations there are who had greater reason than we to claim their entire liberty, and yet do submit. You are the only people who think it a disgrace to be servants to those to whom all the world hath submitted. What sort of an army do you rely on? What are the arms you depend on? Where is your fleet, that may seize upon the Roman seas? and where are those treasures which may be sufficient for your undertakings? Do you suppose, I pray you, that you are to make war with the Egyptians, and with the Arabians? Will you not carefully reflect upon the Roman empire? Will you not estimate your own weakness? Hath not your army been often beaten even by your neighboring nations, while the power of the Romans is invincible in all parts of the habitable earth? nay, rather they seek for somewhat still beyond that; for all Euphrates is not a sufficient boundary for them on the east side, nor the Danube on the north; and for their southern limit, Libya hath been searched over by them, as far as countries uninhabited, as is Cadiz their limit on the west; nay, indeed, they have sought for another habitable earth beyond the ocean, and have carried their arms as far as such British islands as were never known before. What therefore do you pretend to? Are you richer than the Gauls, stronger than the Germans, wiser than the Greeks, more numerous than all men upon the habitable earth? What confidence is it that elevates you to oppose the Romans? Perhaps it will be said, It is hard to endure slavery. Yes; but how much harder is this to the Greeks, who were esteemed the noblest of all people under the sun! These, though they inhabit in a large country, are in subjection to six bundles of Roman rods. It is the same case with the Macedonians, who have juster reason to claim their liberty than you have. What is the case of five hundred cities of Asia? Do they not submit to a single governor, and to the consular bundle of rods? What need I speak of the Henlochi, and Colchi and the nation of Tauri, those that inhabit the Bosphorus, and the nations about Pontus, and Meotis, who formerly knew not so much as a lord of their own, but are now subject to three thousand armed men, and where forty long ships keep the sea in peace, which before was not navigable, and very tempestuous? How strong a plea may Bithynia, and Cappadocia, and the people of Pamphylia, the Lycians, and Cilicians, put in for liberty! But they are made tributary without an army. What are the circumstances of the Thracians, whose country extends in breadth five days' journey, and in length seven, and is of a much more harsh constitution, and much more defensible, than yours, and by the rigor of its cold sufficient to keep off armies from attacking them? do not they submit to two thousand men of the Roman garrisons? Are not the Illyrlans, who inhabit the country adjoining, as far as Dalmatia and the Danube, governed by barely two legions? by which also they put a stop to the incursions of the Daeians. And for the Dalmatians, who have made such frequent insurrections in order to regain their liberty, and who could never before be so thoroughly subdued, but that they always gathered their forces together again, revolted, yet are they now very quiet under one Roman legion. Moreover, great advantages might provoke any people to revolt, the Gauls might do it best of all, as being so thoroughly walled round by nature; on the east side by the Alps, on the north by the river Rhine, on the south by the Pyrenean mountains, and on the west by the ocean. Now although these Gauls have such obstacles before them to prevent any attack upon them, and have no fewer than three hundred and five nations among them, nay have, as one may say, the fountains of domestic happiness within themselves, and send out plentiful streams of happiness over almost the whole world, these bear to be tributary to the Romans, and derive their prosperous condition from them; and they undergo this, not because they are of effeminate minds, or because they are of an ignoble stock, as having borne a war of eighty years in order to preserve their liberty; but by reason of the great regard they have to the power of the Romans, and their good fortune, which is of greater efficacy than their arms. These Gauls, therefore, are kept in servitude by twelve hundred soldiers, which are hardly so many as are their cities; nor hath the gold dug out of the mines of Spain been sufficient for the support of a war to preserve their liberty, nor could their vast distance from the Romans by land and by sea do it; nor could the martial tribes of the Lusitanians and Spaniards escape; no more could the ocean, with its tide, which yet was terrible to the ancient inhabitants. Nay, the Romans have extended their arms beyond the pillars of Hercules, and have walked among the clouds, upon the Pyrenean mountains, and have subdued these nations. And one legion is a sufficient guard for these people, although they were so hard to be conquered, and at a distance so remote from Rome. Who is there among you that hath not heard of the great number of the Germans? You have, to be sure, yourselves seen them to be strong and tall, and that frequently, since the Romans have them among their captives every where; yet these Germans, who dwell in an immense country, who have minds greater than their bodies, and a soul that despises death, and who are in rage more fierce than wild beasts, have the Rhine for the boundary of their enterprises, and are tamed by eight Roman legions. Such of them as were taken captive became their servants; and the rest of the entire nation were obliged to save themselves by flight. Do you also, who depend on the walls of Jerusalem, consider what a wall the Britons had; for the Romans sailed away to them, an subdued them while they were encompassed by the ocean, and inhabited an island that is not less than the [continent of this] habitable earth; and four legions are a sufficient guard to so large an island And why should I speak much more about this matter, while the Parthians, that most warlike body of men, and lords of so many nations, and encompassed with such mighty forces, send hostages to the Romans? whereby you may see, if you please, even in Italy, the noblest nation of the East, under the notion of peace, submitting to serve them. Now when almost all people under the sun submit to the Roman arms, will you be the only people that make war against them? and this without regarding the fate of the Carthaginians, who, in the midst of their brags of the great Hannibal, and the nobility of their Phoenician original, fell by the hand of Scipio. Nor indeed have the Cyrenians, derived from the Lacedemonians, nor the Marmaridite, a nation extended as far as the regions uninhabitable for want of water, nor have the Syrtes, a place terrible to such as barely hear it described, the Nasamons and Moors, and the immense multitude of the Numidians, been able to put a stop to the Roman valor. And as for the third part of the habitable earth, [Africa,] whose nations are so many that it is not easy to number them, and which is bounded by the Atlantic Sea and the pillars of Hercules, and feeds an innumerable multitude of Ethiopians, as far as the Red Sea, these have the Romans subdued entirely. And besides the annual fruits of the earth, which maintain the multitude of the Romans for eight months in the year, this, over and above, pays all sorts of tribute, and affords revenues suitable to the necessities of the government. Nor do they, like you, esteem such injunctions a disgrace to them, although they have but one Roman legion that abides among them. And indeed what occasion is there for showing you the power of the Romans over remote countries, when it is so easy to learn it from Egypt, in your neighborhood? This country is extended as far as the Ethiopians, and Arabia the Happy, and borders upon India; it hath seven millions five hundred thousand men, besides the inhabitants of Alexandria, as may be learned from the revenue of the poll tax; yet it is not ashamed to submit to the Roman government, although it hath Alexandria as a grand temptation to a revolt, by reason it is so full of people and of riches, and is besides exceeding large, its length being thirty furlongs, and its breadth no less than ten; and it pays more tribute to the Romans in one month than you do in a year; nay, besides what it pays in money, it sends corn to Rome that supports it for four months [in the year]: it is also walled round on all sides, either by almost impassable deserts, or seas that have no havens, or by rivers, or by lakes; yet have none of these things been found too strong for the Roman good fortune; however, two legions that lie in that city are a bridle both for the remoter parts of Egypt, and for the parts inhabited by the more noble Macedonians. Where then are those people whom you are to have for your auxiliaries? Must they come from the parts of the world that are uninhabited? for all that are in the habitable earth are [under the] Romans. Unless any of you extend his hopes as far as beyond the Euphrates, and suppose that those of your own nation that dwell in Adiabene will come to your assistance; but certainly these will not embarrass themselves with an unjustifiable war, nor, if they should follow such ill advice, will the Parthians permit them so to do; for it is their concern to maintain the truce that is between them and the Romans, and they will be supposed to break the covenants between them, if any under their government march against the Romans. What remains, therefore, is this, that you have recourse to Divine assistance; but this is already on the side of the Romans; for it is impossible that so vast an empire should be settled without God's providence. Reflect upon it, how impossible it is for your zealous observations of your religious customs to be here preserved, which are hard to be observed even when you fight with those whom you are able to conquer; and how can you then most of all hope for God's assistance, when, by being forced to transgress his law, you will make him turn his face from you? and if you do observe the custom of the sabbath days, and will not be revealed on to do any thing thereon, you will easily be taken, as were your forefathers by Pompey, who was the busiest in his siege on those days on which the besieged rested. But if in time of war you transgress the law of your country, I cannot tell on whose account you will afterward go to war; for your concern is but one, that you do nothing against any of your forefathers; and how will you call upon God to assist you, when you are voluntarily transgressing against his religion? Now all men that go to war do it either as depending on Divine or on human assistance; but since your going to war will cut off both those assistances, those that are for going to war choose evident destruction. What hinders you from slaying your children and wives with your own hands, and burning this most excellent native city of yours? for by this mad prank you will, however, escape the reproach of being beaten. But it were best, O my friends, it were best, while the vessel is still in the haven, to foresee the impending storm, and not to set sail out of the port into the middle of the hurricanes; for we justly pity those who fall into great misfortunes without fore-seeing them; but for him who rushes into manifest ruin, he gains reproaches [instead of commiseration]. But certainly no one can imagine that you can enter into a war as by agreement, or that when the Romans have got you under their power, they will use you with moderation, or will not rather, for an example to other nations, burn your holy city, and utterly destroy your whole nation; for those of you who shall survive the war will not be able to find a place whither to flee, since all men have the Romans for their lords already, or are afraid they shall have hereafter. Nay, indeed, the danger concerns not those Jews that dwell here only, but those of them which dwell in other cities also; for there is no people upon the habitable earth which have not some portion of you among them, whom your enemies will slay, in case you go to war, and on that account also; and so every city which hath Jews in it will be filled with slaughter for the sake of a few men, and they who slay them will be pardoned; but if that slaughter be not made by them, consider how wicked a thing it is to take arms against those that are so kind to you. Have pity, therefore, if not on your children and wives, yet upon this your metropolis, and its sacred walls; spare the temple, and preserve the holy house, with its holy furniture, for yourselves; for if the Romans get you under their power, they will no longer abstain from them, when their former abstinence shall have been so ungratefully requited. I call to witness your sanctuary, and the holy angels of God, and this country common to us all, that I have not kept back any thing that is for your preservation; and if you will follow that advice which you ought to do, you will have that peace which will be common to you and to me; but if you indulge four passions, you will run those hazards which I shall be free from."

The country also that lies over against this lake hath the same name of Gennesareth; its nature is wonderful as well as its beauty; its soil is so fruitful that all sorts of trees can grow upon it, and the inhabitants accordingly plant all sorts of trees there; for the temper of the air is so well mixed, that it agrees very well with those several sorts, particularly walnuts, which require the coldest air, flourish there in vast plenty; there are palm trees also, which grow best in hot air; fig trees also and olives grow near them, which yet require an air that is more temperate. One may call this place the ambition of nature, where it forces those plants that are naturally enemies to one another to agree together; it is a happy contention of the seasons, as if every one of them laid claim to this country; for it not only nourishes different sorts of autumnal fruit beyond men's expectation, but preserves them a great while; it supplies men with the principal fruits, with grapes and figs continually, during ten months of the year and the rest of the fruits as they become ripe together through the whole year; for besides the good temperature of the air, it is also watered from a most fertile fountain. The people of the country call it Capharnaum. Some have thought it to be a vein of the Nile, because it produces the Coracin fish as well as that lake does which is near to Alexandria. The length of this country extends itself along the banks of this lake that bears the same name for thirty furlongs, and is in breadth twenty, And this is the nature of that place.

It now remains that I debate with Manetho about Moses. Now the Egyptians acknowledge him to have been a wonderful and a divine person; nay, they would willingly lay claim to him themselves, though after a most abusive and incredible manner, and pretend that he was of Heliopolis, and one of the priests of that place, and was ejected out of it among the rest, on account of his leprosy; although it had been demonstrated out of their records that he lived five hundred and eighteen years earlier, and then brought our forefathers out of Egypt into the country that is now inhabited by us. But now that he was not subject in his body to any such calamity, is evident from what he himself tells us; for he forbade those that had the leprosy either to continue in a city, or to inhabit in a village, but commanded that they should go about by themselves with their clothes rent; and declares that such as either touch them, or live under the same roof with them, should be esteemed unclean; nay, more, if any one of their disease be healed, and he recover his natural constitution again, he appointed them certain purifications, and washings with spring water, and the shaving off all their hair, and enjoins that they shall offer many sacrifices, and those of several kinds, and then at length to be admitted into the holy city; although it were to be expected that, on the contrary, if he had been under the same calamity, he should have taken care of such persons beforehand, and have had them treated after a kinder manner, as affected with a concern for those that were to be under the like misfortunes with himself. Nor was it only those leprous people for whose sake he made these laws, but also for such as should be maimed in the smallest part of their body, who yet are not permitted by him to officiate as priests; nay, although any priest, already initiated, should have such a calamity fall upon him afterward, he ordered him to be deprived of his honor of officiating. How can it then be supposed that Moses should ordain such laws against himself, to his own reproach and damage who so ordained them? Nor indeed is that other notion of Manetho at all probable, wherein he relates the change of his name, and says that "he was formerly called Osarsiph;" and this a name no way agreeable to the other, while his true name was Mosses, and signifies a person who is preserved out of the water, for the Egyptians call water Moil. I think, therefore, I have made it sufficiently evident that Manetho, while he followed his ancient records, did not much mistake the truth of the history; but that when he had recourse to fabulous stories, without any certain author, he either forged them himself, without any probability, or else gave credit to some men who spake so out of their ill-will to us.

This is that novel account which the Egyptian Apion gives us concerning the Jews' departure out of Egypt, and is no better than a contrivance of his own. But why should we wonder at the lies he tells about our forefathers, when he affirms them to be of Egyptian original, when he lies also about himself? for although he was born at Oasis in Egypt, he pretends to be, as a man may say, the top man of all the Egyptians; yet does he forswear his real country and progenitors, and by falsely pretending to be born at Alexandria, cannot deny the pravity of his family; for you see how justly he calls those Egyptians whom he hates, and endeavors to reproach; for had he not deemed Egyptians to be a name of great reproach, he would not have avoided the name of an Egyptian himself; as we know that those who brag of their own countries value themselves upon the denomination they acquire thereby, and reprove such as unjustly lay claim thereto. As for the Egyptians' claim to be of our kindred, they do it on one of the following accounts; I mean, either as they value themselves upon it, and pretend to bear that relation to us; or else as they would draw us in to be partakers of their own infamy. But this fine fellow Apion seems to broach this reproachful appellation against us, [that we were originally Egyptians,] in order to bestow it on the Alexandrians, as a reward for the privilege they had given him of being a fellow citizen with them: he also is apprized of the ill-will the Alexandrians bear to those Jews who are their fellow citizens, and so proposes to himself to reproach them, although he must thereby include all the other Egyptians also; while in both cases he is no better than an impudent liar.

This is that novel account which the Egyptian Apion gives us concerning the Jews' departure out of Egypt, and is no better than a contrivance of his own. But why should we wonder at the lies he tells about our forefathers, when he affirms them to be of Egyptian original, when he lies also about himself? for although he was born at Oasis in Egypt, he pretends to be, as a man may say, the top man of all the Egyptians; yet does he forswear his real country and progenitors, and by falsely pretending to be born at Alexandria, cannot deny the pravity of his family; for you see how justly he calls those Egyptians whom he hates, and endeavors to reproach; for had he not deemed Egyptians to be a name of great reproach, he would not have avoided the name of an Egyptian himself; as we know that those who brag of their own countries value themselves upon the denomination they acquire thereby, and reprove such as unjustly lay claim thereto. As for the Egyptians' claim to be of our kindred, they do it on one of the following accounts; I mean, either as they value themselves upon it, and pretend to bear that relation to us; or else as they would draw us in to be partakers of their own infamy. But this fine fellow Apion seems to broach this reproachful appellation against us, [that we were originally Egyptians,] in order to bestow it on the Alexandrians, as a reward for the privilege they had given him of being a fellow citizen with them: he also is apprized of the ill-will the Alexandrians bear to those Jews who are their fellow citizens, and so proposes to himself to reproach them, although he must thereby include all the other Egyptians also; while in both cases he is no better than an impudent liar.

If any one now were to say that those things which happen to us from an external cause, and call forth our movements, are of such a nature that it is impossible to resist them, whether they incite us to good or evil, let the holder of this opinion turn his attention for a little upon himself, and carefully inspect the movements of his own mind, unless he has discovered already, that when an enticement to any desire arises, nothing is accomplished until the assent of the soul is gained, and the authority of the mind has granted indulgence to the wicked suggestion; so that a claim might seem to be made by two parties on certain probable grounds as to a judge residing within the tribunals of our heart, in order that, after the statement of reasons, the decree of execution may proceed from the judgment of reason. For, to take an illustration: if, to a man who has determined to live continently and chastely, and to keep himself free from all pollution with women, a woman should happen to present herself, inciting and alluring him to act contrary to his purpose, that woman is not a complete and absolute cause or necessity of his transgressing, since it is in his power, by remembering his resolution, to bridle the incitements to lust, and by the stern admonitions of virtue to restrain the pleasure of the allurement that solicits him; so that, all feeling of indulgence being driven away, his determination may remain firm and enduring. Finally, if to any men of learning, strengthened by divine training, allurements of that kind present themselves, remembering forthwith what they are, and calling to mind what has long been the subject of their meditation and instruction, and fortifying themselves by the support of a holier doctrine, they reject and repel all incitement to pleasure, and drive away opposing lusts by the interposition of the reason implanted within them.

Let us now see what answer is usually returned to these statements by those who maintain that there is in us one movement, and one life, proceeding from one and the same soul, both the salvation and the destruction of which are ascribed to itself as a result of its own actions. And, in the first place, let us notice of what nature those commotions of the soul are which we suffer, when we feel ourselves inwardly drawn in different directions; when there arises a kind of contest of thoughts in our hearts, and certain probabilities are suggested us, agreeably to which we lean now to this side, now to that, and by which we are sometimes convicted of error, and sometimes approve of our acts. It is nothing remarkable, however, to say of wicked spirits, that they have a varying and conflicting judgment, and one out of harmony with itself, since such is found to be the case in all men, whenever, in deliberating upon an uncertain event, counsel is taken, and men consider and consult what is to be chosen as the better and more useful course. It is not therefore surprising that, if two probabilities meet, and suggest opposite views, they should drag the mind in contrary directions. For example, if a man be led by reflection to believe and to fear God, it cannot then be said that the flesh contends against the spirit; but, amidst the uncertainty of what may be true and advantageous, the mind is drawn in opposite directions. So, also, when it is supposed that the flesh provokes to the indulgence of lust, but better counsels oppose allurements of that kind, we are not to suppose that it is one life which is resisting another, but that it is the tendency of the nature of the body, which is eager to empty out and cleanse the places filled with seminal moisture; as, in like manner, it is not to be supposed that it is any opposing power, or the life of another soul, which excites within us the appetite of thirst, and impels us to drink, or which causes us to feel hunger, and drives us to satisfy it. But as it is by the natural movements of the body that food and drink are either desired or rejected, so also the natural seed, collected together in course of time in the various vessels, has an eager desire to be expelled and thrown away, and is so far from never being removed, save by the impulse of some exciting cause, that it is even sometimes spontaneously emitted. When, therefore, it is said that “the flesh struggles against the spirit,” these persons understand the expression to mean that habit or necessity, or the delights of the flesh, arouse a man, and withdraw him from divine and spiritual things. For, owing to the necessity of the body being drawn away, we are not allowed to have leisure for divine things, which are to be eternally advantageous. So again, the soul, devoting itself to divine and spiritual pursuits, and being united to the spirit, is said to fight against the flesh, by not permitting it to be relaxed by indulgence, and to become unsteady through the influence of those pleasures for which it feels a natural delight. In this way, also, they claim to understand the words, “The wisdom of the flesh is hostile to God,” not that the flesh really has a soul, or a wisdom of its own. But as we are accustomed to say, by an abuse of language, that the earth is thirsty, and wishes to drink in water, this use of the word “wishes” is not proper, but catachrestic,—as if we were to say again, that this house wants to be rebuilt, and many other similar expressions; so also is the wisdom of the flesh to be understood, or the expression, that “the flesh lusteth against the spirit.” They generally connect with these the expression, “The voice of thy brother’s blood crieth unto me from the ground.” For what cries unto the Lord is not properly the blood which was shed; but the blood is said improperly to cry out, vengeance being demanded upon him who had shed it. The declaration also of the apostle, “I see another law in my members, warring against the law of my mind,” they so understand as if he had said, That he who wishes to devote himself to the word of God is, on account of his bodily necessities and habits, which like a sort of law are ingrained in the body, distracted, and divided, and impeded, lest, by devoting himself vigorously to the study of wisdom, he should be enabled to behold the divine mysteries.

Jesus, accordingly, in turning away the minds of His disciples, not merely from giving heed to sorcerers in general, and those who profess in any other manner to work miracles—for His disciples did not need to be so warned—but from such as gave themselves out as the Christ of God, and who tried by certain apparent miracles to gain over to them the disciples of Jesus, said in a certain passage: “Then, if any man shall say unto you, Lo, here is Christ, or there; believe it not. For there shall arise false Christs and false prophets, and shall show great signs and wonders; insomuch that, if it were possible, they shall deceive the very elect. Behold, I have told you before. Wherefore, if they shall say unto you, Behold, he is in the desert, go not forth; behold, he is in the secret chambers, believe it not. For as the lightning cometh out of the east, and shineth even to the west, so also shall the coming of the Son of man be.” And in another passage: “Many will say unto me in that day, Lord, Lord, have we not eaten and drunk in Thy name, and by Thy name have cast out demons, and done many wonderful works? And then will I say unto them, Depart from me, because ye are workers of iniquity.” But Celsus, wishing to assimilate the miracles of Jesus to the works of human sorcery, says in express terms as follows: “O light and truth! he distinctly declares, with his own voice, as ye yourselves have recorded, that there will come to you even others, employing miracles of a similar kind, who are wicked men, and sorcerers; and he calls him who makes use of such devices, one Satan. So that Jesus himself does not deny that these works at least are not at all divine, but are the acts of wicked men; and being compelled by the force of truth, he at the same time not only laid open the doings of others, but convicted himself of the same acts. Is it not, then, a miserable inference, to conclude from the same works that the one is God and the others sorcerers? Why ought the others, because of these acts, to be accounted wicked rather than this man, seeing they have him as their witness against himself? For he has himself acknowledged that these are not the works of a divine nature, but the inventions of certain deceivers, and of thoroughly wicked men.” Observe, now, whether Celsus is not clearly convicted of slandering the gospel by such statements, since what Jesus says regarding those who are to work signs and wonders is different from what this Jew of Celsus alleges it to be. For if Jesus had simply told His disciples to be on their guard against those who professed to work miracles, without declaring what they would give themselves out to be, then perhaps there would have been some ground for his suspicion. But since those against whom Jesus would have us to be on our guard give themselves out as the Christ—which is not a claim put forth by sorcerers—and since he says that even some who lead wicked lives will perform miracles in the name of Jesus, and expel demons out of men, sorcery in the case of these individuals, or any suspicion of such, is rather, if we may so speak, altogether banished, and the divinity of Christ established, as well as the divine mission of His disciples; seeing that it is possible that one who makes use of His name, and who is wrought upon by some power, in some way unknown, to make the pretence that he is the Christ, should seem to perform miracles like those of Jesus, while others through His name should do works resembling those of His genuine disciples.

Celsus, then, does not speak as a good reasoner, when he compares the mortal flesh of Jesus to gold, and silver, and stone, asserting that the former is more liable to corruption than the latter. For, to speak correctly, that which is incorruptible is not more free from corruption than another thing which is incorruptible, nor that which is corruptible more liable to corruption than another corruptible thing. But, admitting that there are degrees of corruptibility, we can say in answer, that if it is possible for the matter which underlies all qualities to exchange some of them, how should it be impossible for the flesh of Jesus also to exchange qualities, and to become such as it was proper for a body to be which had its abode in the ether and the regions above it, and possessing no longer the infirmities belonging to the flesh, and those properties which Celsus terms “impurities,” and in so terming them, speaks unlike a philosopher? For that which is properly impure, is so because of its wickedness. Now the nature of body is not impure; for in so far as it is bodily nature, it does not possess vice, which is the generative principle of impurity. But, as he had a suspicion of the answer which we would return, he says with respect to the change of the body of Jesus, “Well, after he has laid aside these qualities, he will be a God:” [and if so], why not rather Æsculapius, and Dionysus, and Hercules? To which we reply, “What great deed has Æsculapius, or Dionysus, or Hercules wrought?” And what individuals will they be able to point out as having been improved in character, and made better by their words and lives, so that they may make good their claim to be gods? For let us peruse the many narratives regarding them, and see whether they were free from licentiousness, or injustice, or folly, or cowardice. And if nothing of that kind be found in them, the argument of Celsus might have force, which places the forenamed individuals upon an equality with Jesus. But if it is certain that, although some things are reported of them as reputable, they are recorded, nevertheless, to have done innumerable things which are contrary to right reason, how could you any longer say, with any show of reason, that these men, on putting aside their mortal body, became gods rather than Jesus?

We ought to take note, however, that the power of foreknowing the future is by no means a proof of divinity; for in itself it is a thing indifferent, and is found occurring amongst both good and bad. Physicians, at any rate, by means of their professional skill foreknow certain things, although their character may happen to be bad. And in the same way also pilots, although perhaps wicked men, are able to foretell the signs [of good or bad weather], and the approach of violent tempests of wind, and atmospheric changes, because they gather this knowledge from experience and observation, although I do not suppose that on that account any one would term them “gods” if their characters happened to be bad. The assertion, then, of Celsus is false, when he says: “What could be called more divine than the power of foreknowing and foretelling the future?” And so also is this, that “many of the animals claim to have ideas of God;” for none of the irrational animals possess any idea of God. And wholly false, too, is his assertion, that “the irrational animals are nearer the society of God [than men],” when even men who are still in a state of wickedness, however great their progress in knowledge, are far removed from that society. It is, then, those alone who are truly wise and sincerely religious who are nearer to God’s society; such persons as were our prophets, and Moses, to the latter of whom, on account of his exceeding purity, the Scripture said: “Moses alone shall come near the Lord, but the rest shall not come nigh.”

In the next place, mixing up together various heresies, and not observing that some statements are the utterances of one heretical sect, and others of a different one, he brings forward the objections which we raised against Marcion. And, probably, having heard them from some paltry and ignorant individuals, he assails the very arguments which combat them, but not in a way that shows much intelligence. Quoting then our arguments against Marcion, and not observing that it is against Marcion that he is speaking, he asks: “Why does he send secretly, and destroy the works which he has created? Why does he secretly employ force, and persuasion, and deceit? Why does he allure those who, as ye assert, have been condemned or accused by him, and carry them away like a slave-dealer? Why does he teach them to steal away from their Lord? Why to flee from their father? Why does he claim them for himself against the father’s will? Why does he profess to be the father of strange children?” To these questions he subjoins the following remark, as if by way of expressing his surprise: “Venerable, indeed, is the god who desires to be the father of those sinners who are condemned by another [god], and of the needy, and, as themselves say, of the very offscourings [of men], and who is unable to capture and punish his messenger, who escaped from him!” After this, as if addressing us who acknowledge that this world is not the work of a different and strange god, he continues in the following strain: “If these are his works, how is it that God created evil? And how is it that he cannot persuade and admonish [men]? And how is it that he repents on account of the ingratitude and wickedness of men? He finds fault, moreover, with his own handwork, and hates, and threatens, and destroys his own offspring? Whither can he transport them out of this world, which he himself has made?” Now it does not appear to me that by these remarks he makes clear what “evil” is; and although there have been among the Greeks many sects who differ as to the nature of good and evil, he hastily concludes, as if it were a consequence of our maintaining that this world also is a work of the universal God, that in our judgment God is the author of evil. Let it be, however, regarding evil as it may—whether created by God or not—it nevertheless follows only as a result when you compare the principal design. And I am greatly surprised if the inference regarding God’s authorship of evil, which he thinks follows from our maintaining that this world also is the work of the universal God, does not follow too from his own statements. For one might say to Celsus: “If these are His works, how is it that God created evil? and how is it that He cannot persuade and admonish men?” It is indeed the greatest error in reasoning to accuse those who are of different opinions of holding unsound doctrines, when the accuser himself is much more liable to the same charge with regard to his own.

But it is to be observed that the Jews, who claim for themselves a correct understanding of the law of Moses, carefully restrict their food to such things as are accounted clean, and abstain from those that are unclean. They also do not use in their food the blood of an animal nor the flesh of an animal torn by wild beasts, and some other things which it would take too long for us at present to detail. But Jesus, wishing to lead all men by His teaching to the pure worship and service of God, and anxious not to throw any hindrance in the way of many who might be benefited by Christianity, through the imposition of a burdensome code of rules in regard to food, has laid it down, that “not that which goeth into the mouth defileth a man, but that which cometh out of the mouth; for whatsoever entereth in at the mouth goeth into the belly, and is cast out into the draught. But those things which proceed out of the mouth are evil thoughts when spoken, murders, adulteries, fornications, thefts, false witness, blasphemies.” Paul also says, “Meat commendeth us not to God: for neither, if we eat, are we the better; neither, if we eat not, are we the worse.” Wherefore, as there is some obscurity about this matter, without some explanation is given, it seemed good to the apostles of Jesus and the elders assembled together at Antioch, and also, as they themselves say, to the Holy Spirit, to write a letter to the Gentile believers, forbidding them to partake of those things from which alone they say it is necessary to abstain, namely, “things offered to idols, things strangled, and blood.”

Rabbi Eliezer says: a piece of ground [large enough to plant] one fourth of a kav is liable for peah. Rabbi Joshua says: it must [be large enough] to grow two seahs. Rabbi Tarfon says: it must be six by six handbreadths. R. Judah ben Batera says: [it must be large enough] for a sickle to cut at least two handfuls and the halakhah is according to his words. Rabbi Akiva says: any size of land is liable for peah and for first-fruits, and [is sufficient] for the writing of the prozbul, and also to acquire through it movable property by money, by deed, or by a claim based on undisturbed possession.

A vineyard which consists entirely of defective clusters: Rabbi Eliezer says: it belongs to the owner. Rabbi Akiva says: to the poor. Rabbi Eliezer: “When you harvest the grapes of your vineyard, do not take the defective clusters” (Deuteronomy 24:21). If there is no grape harvesting, how can there be “defective clusters”? Rabbi Akiva said to him: “And from your vineyard do not take the defective clusters” (Leviticus 19:10) even if it consists entirely of defective clusters. If that is so, why is it said: “When you harvest the grapes of your vineyard, do not take the defective clusters”? [This teaches that] the poor have no right to claim the defective clusters before the harvest.

They are trusted concerning wheat, but they are not trusted when it is flour or bread. They are trusted concerning rice in its husk, but they are not trusted when it is either raw or cooked. They are trusted concerning beans but they are not trusted when they have been pounded, neither raw nor cooked. They are trusted when concerning oil, to declare that it is from the poor person’s tithe, but they are not trusted over [oil] when they claim that it is from the olives [left on the] top [of the tree.]

But in the seventh year he must redeem it for its full value. If [in other years] it had all been made ownerless property, the person [who redeems it] can only claim the cost of picking it. One who redeems his own plant in its fourth year, he must add a fifth of its value, whether the fruit was his own or was given him as a gift.

[Concerning] relatives of the second degree [of incest laws who are forbidden] by the words of the scribes: [A woman who is] a second degree of kinship to the husband but not a second degree of kinship to the yavam, is forbidden to the husband and permitted to the yavam; [A woman who is] a second degree of kinship to the yavam but not a second degree of kinship to the husband is forbidden to the yavam and permitted to the husband; [A woman who is] a second degree of kinship to the one and to the other is forbidden to the one as well as to the other. She cannot claim her ketubah or usufruct or support money, or her worn clothes. The child is fit [to marry a priest], but the husband is compelled to divorce her. A widow who was married to a high priest, a divorcee or halutzah who was married to an ordinary priest, a mamzer or a netinah who was married to an Israelite, or the daughter of an Israelite who was married to a natin or a mamzer is entitled to her ketubah.

A woman whose husband had gone to a country beyond the sea and they came and told her, “Your husband died”, married, and then her husband returned: She must leave this one and that one, and she also requires a get from this one and that one. She has no ketubah, no usufruct, no support money or worn clothes, neither from this one nor from that one. If she has taken anything from this one or that one, she must return it. The child from this one or that one is a mamzer. Neither this one nor that one may impurify himself for her. Neither this one and that one has a claim to whatever she may find, nor what she makes with her hands, nor to invalidate her vows. If she was the daughter of an Israelite, she becomes disqualified from marrying a priest; if the daughter of a Levite, from the eating of tithe; and if the daughter of a priest, from the eating of terumah. Neither the heirs of this one nor the heirs of that one are entitled to inherit her ketubah. And if [the husbands] die, the brother of the one and the brother of the other must perform halitzah, but may not contract yibbum. Rabbi Yose said: her ketubah remains a charge upon the estate of her first husband. Rabbi Elazar said: the first husband is entitled to whatever she may find, and what she makes with her hands, and also has the right to invalidate her vows. Rabbi Shimon said: intercourse or halitzah with the brother of the first husband exempts her rival, and the child from him is not a bastard. If she married without an authorization, she may return to him.

A virgin is married on the fourth day [of the week] and a widow on the fifth day, for twice in the week the courts sit in the towns, on the second day [of the week] and on the fifth day, so that if he [the husband] had a claim as to the virginity [of the bride] he could go early [on the morning of the fifth day of the week] to the court.

A virgin her kethubah is two hundred [zuz], and a widow a maneh (100. A virgin, who is a widow, [or] divorced, or a halutzah from betrothal her kethubah is two hundred [zuz], and there is upon her a claim of non-virginity. A female proselyte, a woman captive, and a woman slave, who have been redeemed, converted, or freed [when they were] less than three years and one day old their kethubah is two hundred [zuz] there is upon them a claim of non-virginity.

A virgin her kethubah is two hundred [zuz], and a widow a maneh (100. A virgin, who is a widow, [or] divorced, or a halutzah from betrothal her kethubah is two hundred [zuz], and there is upon her a claim of non-virginity. A female proselyte, a woman captive, and a woman slave, who have been redeemed, converted, or freed [when they were] less than three years and one day old their kethubah is two hundred [zuz] there is upon them a claim of non-virginity.

A virgin, who was a widow, a divorcee, or a halutzah from marriage her kethubah is a maneh, and there is no claim of non-virginity upon her. A female proselyte, a woman captive and a woman slave, who have been redeemed, converted, or freed [when they were] more than three years and one day old their kethubah is a maneh, and there is no claim of non-virginity upon her.

A virgin, who was a widow, a divorcee, or a halutzah from marriage her kethubah is a maneh, and there is no claim of non-virginity upon her. A female proselyte, a woman captive and a woman slave, who have been redeemed, converted, or freed [when they were] more than three years and one day old their kethubah is a maneh, and there is no claim of non-virginity upon her.

He who eats with his father-in-law in Judea without the presence of witnesses cannot raise a claim of non-virginity against his wife because he has been alone with her. It is the same whether [the woman is] an Israelite widow or a priestly widow her kethubah is a maneh. The court of the priests collected for a virgin four hundred zuz, and the sages did not protest.

If an orphan was given in marriage by her mother or her brothers with her consent and they gave her a dowry of a hundred, or fifty zuz, she may, when she reaches majority age, legally claim from them the amount that was due to her. Rabbi Judah says: if the father had given his first daughter in marriage, the second must receive as much as the first. The Sages say: sometimes a man is poor and becomes rich or rich and becomes poor. Rather the estate should evaluated and [the appropriate amount] given to her.

If she had bodily defects while she was still in her father’s house, her father must produce proof that these defects arose after she had been betrothed and that [consequently] it was the husband’s field that was flooded. If she was brought into her husband’s domain, [and the defects were discovered there] the husband must produce proof that these defects existed before she had been betrothed and [that consequently] his bargain was made in error the words of Rabbi Meir. The Sages say: To what does this apply? Only to concealed defects; but with regard to defects that are exposed he cannot make any claim. And if there was a bath-house in the town he cannot make any claim even about concealed defects, because he [is assumed to have had her] examined by his female relatives.

If she had bodily defects while she was still in her father’s house, her father must produce proof that these defects arose after she had been betrothed and that [consequently] it was the husband’s field that was flooded. If she was brought into her husband’s domain, [and the defects were discovered there] the husband must produce proof that these defects existed before she had been betrothed and [that consequently] his bargain was made in error the words of Rabbi Meir. The Sages say: To what does this apply? Only to concealed defects; but with regard to defects that are exposed he cannot make any claim. And if there was a bath-house in the town he cannot make any claim even about concealed defects, because he [is assumed to have had her] examined by his female relatives.

If a husband writes to his wife, “I have no claim whatsoever upon your property”, he may enjoy its usufruct during her lifetime and, when she dies, he is her heir. If so, why might he have written to her, “I have no claim whatsoever upon your property”? That if she sold it or gave it away her act is valid. If he wrote, “I have no claim whatsoever upon your property and upon their produce”, he may not enjoy their usufruct during her lifetime but, when she dies, he inherits her. Rabbi Judah says: he may in all cases enjoy the usufruct from the usufruct unless he wrote to her: “I have no claim whatsoever upon your property and upon its produce and the produce of its produce and so on without end.” If he wrote, “I have no claim whatsoever upon your property, its produce and the produce of its produce during your lifetime and after your death”, he may neither enjoy it produce during her lifetime nor does he inherit her when she dies. Rabban Shimon ben Gamaliel says: when she dies he inherits her because [by his declaration] he is making a condition which is contrary to what is written in the Torah and whenever a man makes a condition which is contrary to what is written in the Torah, his condition is null and void.

If a husband writes to his wife, “I have no claim whatsoever upon your property”, he may enjoy its usufruct during her lifetime and, when she dies, he is her heir. If so, why might he have written to her, “I have no claim whatsoever upon your property”? That if she sold it or gave it away her act is valid. If he wrote, “I have no claim whatsoever upon your property and upon their produce”, he may not enjoy their usufruct during her lifetime but, when she dies, he inherits her. Rabbi Judah says: he may in all cases enjoy the usufruct from the usufruct unless he wrote to her: “I have no claim whatsoever upon your property and upon its produce and the produce of its produce and so on without end.” If he wrote, “I have no claim whatsoever upon your property, its produce and the produce of its produce during your lifetime and after your death”, he may neither enjoy it produce during her lifetime nor does he inherit her when she dies. Rabban Shimon ben Gamaliel says: when she dies he inherits her because [by his declaration] he is making a condition which is contrary to what is written in the Torah and whenever a man makes a condition which is contrary to what is written in the Torah, his condition is null and void.

If a husband writes to his wife, “I have no claim whatsoever upon your property”, he may enjoy its usufruct during her lifetime and, when she dies, he is her heir. If so, why might he have written to her, “I have no claim whatsoever upon your property”? That if she sold it or gave it away her act is valid. If he wrote, “I have no claim whatsoever upon your property and upon their produce”, he may not enjoy their usufruct during her lifetime but, when she dies, he inherits her. Rabbi Judah says: he may in all cases enjoy the usufruct from the usufruct unless he wrote to her: “I have no claim whatsoever upon your property and upon its produce and the produce of its produce and so on without end.” If he wrote, “I have no claim whatsoever upon your property, its produce and the produce of its produce during your lifetime and after your death”, he may neither enjoy it produce during her lifetime nor does he inherit her when she dies. Rabban Shimon ben Gamaliel says: when she dies he inherits her because [by his declaration] he is making a condition which is contrary to what is written in the Torah and whenever a man makes a condition which is contrary to what is written in the Torah, his condition is null and void.

If a husband writes to his wife, “I have no claim whatsoever upon your property”, he may enjoy its usufruct during her lifetime and, when she dies, he is her heir. If so, why might he have written to her, “I have no claim whatsoever upon your property”? That if she sold it or gave it away her act is valid. If he wrote, “I have no claim whatsoever upon your property and upon their produce”, he may not enjoy their usufruct during her lifetime but, when she dies, he inherits her. Rabbi Judah says: he may in all cases enjoy the usufruct from the usufruct unless he wrote to her: “I have no claim whatsoever upon your property and upon its produce and the produce of its produce and so on without end.” If he wrote, “I have no claim whatsoever upon your property, its produce and the produce of its produce during your lifetime and after your death”, he may neither enjoy it produce during her lifetime nor does he inherit her when she dies. Rabban Shimon ben Gamaliel says: when she dies he inherits her because [by his declaration] he is making a condition which is contrary to what is written in the Torah and whenever a man makes a condition which is contrary to what is written in the Torah, his condition is null and void.

If a husband writes to his wife, “I have no claim whatsoever upon your property”, he may enjoy its usufruct during her lifetime and, when she dies, he is her heir. If so, why might he have written to her, “I have no claim whatsoever upon your property”? That if she sold it or gave it away her act is valid. If he wrote, “I have no claim whatsoever upon your property and upon their produce”, he may not enjoy their usufruct during her lifetime but, when she dies, he inherits her. Rabbi Judah says: he may in all cases enjoy the usufruct from the usufruct unless he wrote to her: “I have no claim whatsoever upon your property and upon its produce and the produce of its produce and so on without end.” If he wrote, “I have no claim whatsoever upon your property, its produce and the produce of its produce during your lifetime and after your death”, he may neither enjoy it produce during her lifetime nor does he inherit her when she dies. Rabban Shimon ben Gamaliel says: when she dies he inherits her because [by his declaration] he is making a condition which is contrary to what is written in the Torah and whenever a man makes a condition which is contrary to what is written in the Torah, his condition is null and void.

If he (the husband) wrote to her (his wife), “I have no claim upon you for either a vow or an oath”, he cannot make her swear an oath. However, he may make her heirs and upon those who have done business with her swear an oath. [If he wrote,] “I have no claim upon you for either a vow or an oath nor upon your heirs nor upon those who have done business with you”, he may not impose an oath either upon her or upon her heirs or upon those who have done business with you. However his heirs may impose an oath upon her or upon her heirs or upon those who have done business with her. [If he wrote] “Neither I nor my heirs nor those who have done business with me shall have any claim upon you or upon your heirs or upon those who have done business with you for either a vow or an oath”, neither he nor his heirs nor those who have done business with him may impose an oath either upon her or upon her heirs or upon those who have done business with her.

If he (the husband) wrote to her (his wife), “I have no claim upon you for either a vow or an oath”, he cannot make her swear an oath. However, he may make her heirs and upon those who have done business with her swear an oath. [If he wrote,] “I have no claim upon you for either a vow or an oath nor upon your heirs nor upon those who have done business with you”, he may not impose an oath either upon her or upon her heirs or upon those who have done business with you. However his heirs may impose an oath upon her or upon her heirs or upon those who have done business with her. [If he wrote] “Neither I nor my heirs nor those who have done business with me shall have any claim upon you or upon your heirs or upon those who have done business with you for either a vow or an oath”, neither he nor his heirs nor those who have done business with him may impose an oath either upon her or upon her heirs or upon those who have done business with her.

If he (the husband) wrote to her (his wife), “I have no claim upon you for either a vow or an oath”, he cannot make her swear an oath. However, he may make her heirs and upon those who have done business with her swear an oath. [If he wrote,] “I have no claim upon you for either a vow or an oath nor upon your heirs nor upon those who have done business with you”, he may not impose an oath either upon her or upon her heirs or upon those who have done business with you. However his heirs may impose an oath upon her or upon her heirs or upon those who have done business with her. [If he wrote] “Neither I nor my heirs nor those who have done business with me shall have any claim upon you or upon your heirs or upon those who have done business with you for either a vow or an oath”, neither he nor his heirs nor those who have done business with him may impose an oath either upon her or upon her heirs or upon those who have done business with her.

“A woman who impairs her kethubah”: How is this so? If her ketubah was for a thousand zuz and [her husband] said to her, “You have already received your kethubah”, and she says, “I received only a maneh”, she is not paid [the balance] except by an oath. “If one witness testifies against her that [her kethubah] has been paid”: How is this so? If her ketubah was for a thousand zuz and [her husband] said to her, “You have already received your ketubah”, and she says, “I have not received it” and one witness testifies against her that [the ketubah] has been paid, she is not paid except by an oath. “From property with a lien on it”: How is this so? He had sold his property to others and she seeks to recover payment from the buyers, she is not paid except by an oath. “From the property of orphans”: How is this so? He died and left his estate to his orphans and she seeks to recover payment from the orphans, she is not paid except by an oath. “An husband who is not present” How is this so? If her husband went to a country beyond the sea and she seeks to recover payment in his absence, she is not paid except by an oath. Rabbi Shimon says: whenever she claims her ketubah the heirs may impose an oath upon her but whenever she does not claim her ketubah the heirs can not impose an oath upon her.

If a man was married to two wives and they died, and subsequently he died, and the orphans [of one of the wives] claim their mother’s kethubah and there is only enough for the two kethuboth,[all the orphans] they divide it equally. If there was a surplus of [at least] one dinar, these take their mother’s ketubah and these take their mothers ketubah. If the orphans [of one of the wives] says, “We are raising the estate of our father by a denar [more than the total amount of the kethuboth]”, in order that they can take their mother's kethubah, they are not listened to, rather the estate is evaluated by the court.

If a man who was married to two wives sold his field, and the first wife wrote to the buyer, “I have no claim whatsoever upon you”, the second wife may take [the field] away from the buyer, and the first wife from the second, and the buyer from the first wife; and so they go on in turn until they arrange a compromise between them. The same law applies also to a creditor and to a woman creditor.

If he claims from his neighbor jars of oil, and he admits [his claim to the empty] jars, Admon says, since he admits to him a portion of the claim, he must swear. But the Sages say: the admission is not of the same kind as the claim. Rabban Gamaliel said: I agree with the words of Admon.

If he claims from his neighbor jars of oil, and he admits [his claim to the empty] jars, Admon says, since he admits to him a portion of the claim, he must swear. But the Sages say: the admission is not of the same kind as the claim. Rabban Gamaliel said: I agree with the words of Admon.

If he claims from his neighbor jars of oil, and he admits [his claim to the empty] jars, Admon says, since he admits to him a portion of the claim, he must swear. But the Sages say: the admission is not of the same kind as the claim. Rabban Gamaliel said: I agree with the words of Admon.

If the get was dated by an unfit kingship, by the empire of Medea, by the empire of Greece, by the building of the Temple or by the destruction of the Temple, Or if being in the east he wrote “in the west”, or being in the west he wrote “in the east”, She must leave this one and that one, and she also requires a get from this one and that one. She has no ketubah, no usufruct, no support money or worn clothes, neither from this one nor from that one. If she has taken anything from this one or that one, she must return it. The child from this one or that one is a mamzer. Neither this one nor that one may impurify himself for her. Neither this one and that one has a claim to whatever she may find, nor what she makes with her hands, nor to invalidate her vows. If she was the daughter of an Israelite, she becomes disqualified from marrying a priest; if the daughter of a Levite, from the eating of tithe; and if the daughter of a priest, from the eating of terumah. Neither the heirs of this one nor the heirs of that one are entitled to inherit her ketubah. And if [the husbands] die, the brother of the one and the brother of the other must perform halitzah, but may not contract yibbum. If his name or her name or the name of his town or the name of her town was wrongly given, she must leave both husbands and all the above consequences apply to her.

If one came with his jar of wine and the other came with his jug of honey and the jug of honey cracked, and the other poured out his wine and saved the honey [by receiving it] into his jar, he can claim no more than his wages. But if he had said, “I will save what is yours and you will pay me the value of mine,” [the owner of the honey] is liable to pay him back. If a flood swept away a man’s donkey and his fellow’s donkey, and his own was worth 100 [zuz] and his fellow’s was worth 200 [zuz], and he left his own and saved that of his fellow, he can claim no more than his wages. But if he had said, “I will save what is yours and you will pay me the value of mine,” he is liable to pay him back.

If one came with his jar of wine and the other came with his jug of honey and the jug of honey cracked, and the other poured out his wine and saved the honey [by receiving it] into his jar, he can claim no more than his wages. But if he had said, “I will save what is yours and you will pay me the value of mine,” [the owner of the honey] is liable to pay him back. If a flood swept away a man’s donkey and his fellow’s donkey, and his own was worth 100 [zuz] and his fellow’s was worth 200 [zuz], and he left his own and saved that of his fellow, he can claim no more than his wages. But if he had said, “I will save what is yours and you will pay me the value of mine,” he is liable to pay him back.

If two men were riding on an animal, or one was riding and the other was leading the animal, and one of them said, “The animal is all mine”, and the other said “It is all mine.”, they each swear that they don’t own less than half of the animal and they split it. If after the case is settled, they both admit to the others claim, or if there are witnesses they can split the animal without an oath.

A garment was also included amongst all these things (which one must proclaim, listed in Deut. 22:3). Why was it mentioned separately? To compare [other things] to it: to teach you just as a garment is distinct in that it has special marks and it has those who claim it, so too everything that has special marks and those who claim it must be proclaimed.

A garment was also included amongst all these things (which one must proclaim, listed in Deut. 22:3). Why was it mentioned separately? To compare [other things] to it: to teach you just as a garment is distinct in that it has special marks and it has those who claim it, so too everything that has special marks and those who claim it must be proclaimed.

Fraud is four pieces of silver. A claim is [a minimum] of two pieces of silver. An admission is [a minimum] of that which is worth a perutah. There are five [rules involving] that which is worth a perutah: An admission is [a minimum] of that which is worth a perutah. A woman can be betrothed with that which is worth a perutah. Someone who benefits a perutah’s worth from that which belongs to the sanctuary has committed sacrilege. One who finds that which is worth a perutah must proclaim it [as a lost object]. One who steals that which is worth a perutah from his fellow and swears [falsely] to him [that he did not steal it], must go after him [to return it] even as far as Medea.

What is usury (neshech) and what is increase (tarbit)? It is usury (neshech) when a man lends a sela for five dinars, or two seahs of wheat for three, because he bites (noshech) [off too much]. And what is increase? When a man increases [his gains] by [selling] produce. How is this so? [If] one bought wheat at a golden dinars [=25 silver dinars] for a kor when such was the market price, and then wheat rose to thirty [silver] dinars [per kor]. [If] he said to him, “Give me my wheat since I would sell it and buy wine with the proceeds” and the other said, “Let your wheat be reckoned with me at thirty dinars and you now have a claim on me for wine [to that value], although the creditor has no wine.

If one swapped a cow for a donkey, and it gave birth, So too if one sold his slave and she gave birth, [And] one (the seller) says, “It was born before I sold her”, and the other (the buyer) says, “It was born after I bought her”, they shall divide [the value of what was born]. If one had two slaves, one large and the other small, or two fields, one large and the other small,[And he sold one of them], If the buyer says, “I bought the large one” and the other says, “I don’t know”, the buyer can rightly claim the large one. If the seller said, “I sold the small one” and the buyer said, “I do not know”, he may only take the small one. If one said, “It was the large one” and the other said, “It was the small one”, the seller must take an oath that it was the small one that he sold [and the buyer can only take the small one]. If one said, “I do not know”, and the other said, “I do not know”, they shall divide the value [of both slaves or fields].

If one rented a house to his fellow, he is obligated to provide it with a door, a bolt a lock and anything which is the work of a craftsman. However, that which is not the work of a craftsman, the tenant must make himself. The manure [which collects in the courtyard] belongs to the owner of the house, and the tenant can only claim the refuse from the oven and the stove.

The laws “You must pay him his wages on the same day” (Deut. 24:15) and “The wages of a laborer shall not remain with you until the morning” (Lev. 19:13) apply both to the hire of a man or of a beast or of utensils. When is this so? When the employee has laid claim to it, but if he had not laid claim to it the employer does not commit a transgression. If he gave him a draft on a shopkeeper or moneychanger [the employer] does not commit a transgression [even though the employee has not yet collected]. If an employee [claimed his wages] within the set time he may take an oath and take his wages. [But] if the set time had passed he may not take an oath and take his wages. If witnesses testified that he had claimed his wages at the set time [and was not paid], he may take an oath and receive his wages. The law “You must pay him his wages on the same day” applies also to the resident alien, but not the law, “The wages of a laborer shall not remain with you until the morning”.

The laws “You must pay him his wages on the same day” (Deut. 24:15) and “The wages of a laborer shall not remain with you until the morning” (Lev. 19:13) apply both to the hire of a man or of a beast or of utensils. When is this so? When the employee has laid claim to it, but if he had not laid claim to it the employer does not commit a transgression. If he gave him a draft on a shopkeeper or moneychanger [the employer] does not commit a transgression [even though the employee has not yet collected]. If an employee [claimed his wages] within the set time he may take an oath and take his wages. [But] if the set time had passed he may not take an oath and take his wages. If witnesses testified that he had claimed his wages at the set time [and was not paid], he may take an oath and receive his wages. The law “You must pay him his wages on the same day” applies also to the resident alien, but not the law, “The wages of a laborer shall not remain with you until the morning”.

An act of possession without which there is no claim [on the ownership of the property] is not valid possession [to establish ownership]. How is this so? If he said to him: “What are you doing on my property? And the other answered: “No one ever said anything to me”, this is not valid possession [to establish ownership]. [If he said to him]: “You sold it to me”, “You gave it to me as a gift”, “Your father sold it to me”, “Your father gave it to me as a gift”, this is valid possession [to establish ownership]. He who holds possession [for three years] due to inheritance [from the previous owner], does not need to make a claim. Craftsmen, partners, sharecroppers and guardians cannot establish ownership through possession. A man cannot establish ownership through possession of his wife’s property, nor may a wife establish ownership through possession of her husband’s property, nor a father of his son’s property, nor a son of his father’s property. When is this so [that one needs three years to establish ownership]? When the person attempts to acquire the land through possession. But, when the property was given as a gift, or when brothers shared a piece of their inheritance, or when one claimed title by possession to the property of a convert [who died without inheritors], then if the claimant has shut in, walled up or broken down anything, this counts as securing ownership through possession.

An act of possession without which there is no claim [on the ownership of the property] is not valid possession [to establish ownership]. How is this so? If he said to him: “What are you doing on my property? And the other answered: “No one ever said anything to me”, this is not valid possession [to establish ownership]. [If he said to him]: “You sold it to me”, “You gave it to me as a gift”, “Your father sold it to me”, “Your father gave it to me as a gift”, this is valid possession [to establish ownership]. He who holds possession [for three years] due to inheritance [from the previous owner], does not need to make a claim. Craftsmen, partners, sharecroppers and guardians cannot establish ownership through possession. A man cannot establish ownership through possession of his wife’s property, nor may a wife establish ownership through possession of her husband’s property, nor a father of his son’s property, nor a son of his father’s property. When is this so [that one needs three years to establish ownership]? When the person attempts to acquire the land through possession. But, when the property was given as a gift, or when brothers shared a piece of their inheritance, or when one claimed title by possession to the property of a convert [who died without inheritors], then if the claimant has shut in, walled up or broken down anything, this counts as securing ownership through possession.

If a man writes over his property to his son, he must write, “From today and after my death”, according to Rabbi Judah. Rabbi Yose says, “He need not do so.” If a man writes over his property to his son to be his after his death, the father cannot sell it since it is written over to the son, and the son cannot sell it since it is in the possession of the father. If his father sold the property, it is sold [only] until he dies; if the son sold the property, the buyer has no claim until the father dies. The father harvests the crops and gives them to whomever he wishes, and what he has left harvested belongs to [all] his heirs. If he left elder sons and younger sons, the elder sons may not take care of themselves [from the estate] at the expense of the younger sons, nor may the younger sons claim maintenance at the cost of the elder sons, rather they all share alike. If the elder sons married [at the expense of the estate] so too the younger sons may marry [at the expense of the estate]. If the younger sons said, “We will marry in the way you married”, they do not listen to them, for what their father gave them, he has given.

If a man writes over his property to his son, he must write, “From today and after my death”, according to Rabbi Judah. Rabbi Yose says, “He need not do so.” If a man writes over his property to his son to be his after his death, the father cannot sell it since it is written over to the son, and the son cannot sell it since it is in the possession of the father. If his father sold the property, it is sold [only] until he dies; if the son sold the property, the buyer has no claim until the father dies. The father harvests the crops and gives them to whomever he wishes, and what he has left harvested belongs to [all] his heirs. If he left elder sons and younger sons, the elder sons may not take care of themselves [from the estate] at the expense of the younger sons, nor may the younger sons claim maintenance at the cost of the elder sons, rather they all share alike. If the elder sons married [at the expense of the estate] so too the younger sons may marry [at the expense of the estate]. If the younger sons said, “We will marry in the way you married”, they do not listen to them, for what their father gave them, he has given.

If he left elder daughters and younger daughters, the elder daughters may not care for themselves at the cost of the younger daughters, nor may the younger daughters claim maintenance at the cost of the elder daughters, rather they all share alike. If the elder daughters married [and took each her dowry from the common inheritance] so too the younger daughters may marry [and take each a dowry from the common inheritance]. If the younger daughters said, “We will marry in the way you married”, they do not listen to them, for what their father gave them, he has given. A greater stringency applies to daughters than to sons, since daughters can claim maintenance at the cost of the sons, but they cannot claim maintenance at the cost of the [other daughters].

If he left elder daughters and younger daughters, the elder daughters may not care for themselves at the cost of the younger daughters, nor may the younger daughters claim maintenance at the cost of the elder daughters, rather they all share alike. If the elder daughters married [and took each her dowry from the common inheritance] so too the younger daughters may marry [and take each a dowry from the common inheritance]. If the younger daughters said, “We will marry in the way you married”, they do not listen to them, for what their father gave them, he has given. A greater stringency applies to daughters than to sons, since daughters can claim maintenance at the cost of the sons, but they cannot claim maintenance at the cost of the [other daughters].

If he left elder daughters and younger daughters, the elder daughters may not care for themselves at the cost of the younger daughters, nor may the younger daughters claim maintenance at the cost of the elder daughters, rather they all share alike. If the elder daughters married [and took each her dowry from the common inheritance] so too the younger daughters may marry [and take each a dowry from the common inheritance]. If the younger daughters said, “We will marry in the way you married”, they do not listen to them, for what their father gave them, he has given. A greater stringency applies to daughters than to sons, since daughters can claim maintenance at the cost of the sons, but they cannot claim maintenance at the cost of the [other daughters].

If a man who lies dying wrote over his property to others [as a gift] and kept back any land whatsoever, his gift remains valid [even should he not die]. If he did not keep back any land whatsoever, his gift does not remain valid [if he should not die]. If it was not written in the document, “who lies dying”, but he said that [he had written the document] while he lay dying and they (those who received the gift) said that he was healthy [when he wrote the document], he must bring proof that he had been dying, according to Rabbi Meir. But the sages say: “He who makes a claim against his fellow bears the burden of proof.”

A simple document requires two witnesses; a sewn document requires three. If a simple document has only one witness, or a sewn document has only two, they are both invalid. If it was written in a debt document: “100 zuz which are 20 sela (=80”, he (the creditor) can claim only 20 sela; if [it was written] “100 zuz which are 30 sela (=120” he (the creditor) can claim only 100 zuz. [If there was written in a debt document] “Silver zuzim which are …”, and the rest was erased, [the creditor can claim] at least two zuzim. [If there was written in a debt document] “Silver selas which are …”, and the rest was erased, [the creditor can claim] at least two selas. [If there was written in a debt document] “Darics which are …”, and the rest was erased, [the creditor can claim] at least two darics. If at the top was written a “maneh (100” and at the bottom “200 zuz”, or “200 zuz” at the top and “maneh” at the bottom, everything goes according to the bottom amount. If so, why is the figure written at the top of the document? So that, if a letter of the lower figure was erased, they can learn from the upper figure.

A simple document requires two witnesses; a sewn document requires three. If a simple document has only one witness, or a sewn document has only two, they are both invalid. If it was written in a debt document: “100 zuz which are 20 sela (=80”, he (the creditor) can claim only 20 sela; if [it was written] “100 zuz which are 30 sela (=120” he (the creditor) can claim only 100 zuz. [If there was written in a debt document] “Silver zuzim which are …”, and the rest was erased, [the creditor can claim] at least two zuzim. [If there was written in a debt document] “Silver selas which are …”, and the rest was erased, [the creditor can claim] at least two selas. [If there was written in a debt document] “Darics which are …”, and the rest was erased, [the creditor can claim] at least two darics. If at the top was written a “maneh (100” and at the bottom “200 zuz”, or “200 zuz” at the top and “maneh” at the bottom, everything goes according to the bottom amount. If so, why is the figure written at the top of the document? So that, if a letter of the lower figure was erased, they can learn from the upper figure.

A simple document requires two witnesses; a sewn document requires three. If a simple document has only one witness, or a sewn document has only two, they are both invalid. If it was written in a debt document: “100 zuz which are 20 sela (=80”, he (the creditor) can claim only 20 sela; if [it was written] “100 zuz which are 30 sela (=120” he (the creditor) can claim only 100 zuz. [If there was written in a debt document] “Silver zuzim which are …”, and the rest was erased, [the creditor can claim] at least two zuzim. [If there was written in a debt document] “Silver selas which are …”, and the rest was erased, [the creditor can claim] at least two selas. [If there was written in a debt document] “Darics which are …”, and the rest was erased, [the creditor can claim] at least two darics. If at the top was written a “maneh (100” and at the bottom “200 zuz”, or “200 zuz” at the top and “maneh” at the bottom, everything goes according to the bottom amount. If so, why is the figure written at the top of the document? So that, if a letter of the lower figure was erased, they can learn from the upper figure.

A simple document requires two witnesses; a sewn document requires three. If a simple document has only one witness, or a sewn document has only two, they are both invalid. If it was written in a debt document: “100 zuz which are 20 sela (=80”, he (the creditor) can claim only 20 sela; if [it was written] “100 zuz which are 30 sela (=120” he (the creditor) can claim only 100 zuz. [If there was written in a debt document] “Silver zuzim which are …”, and the rest was erased, [the creditor can claim] at least two zuzim. [If there was written in a debt document] “Silver selas which are …”, and the rest was erased, [the creditor can claim] at least two selas. [If there was written in a debt document] “Darics which are …”, and the rest was erased, [the creditor can claim] at least two darics. If at the top was written a “maneh (100” and at the bottom “200 zuz”, or “200 zuz” at the top and “maneh” at the bottom, everything goes according to the bottom amount. If so, why is the figure written at the top of the document? So that, if a letter of the lower figure was erased, they can learn from the upper figure.

A simple document requires two witnesses; a sewn document requires three. If a simple document has only one witness, or a sewn document has only two, they are both invalid. If it was written in a debt document: “100 zuz which are 20 sela (=80”, he (the creditor) can claim only 20 sela; if [it was written] “100 zuz which are 30 sela (=120” he (the creditor) can claim only 100 zuz. [If there was written in a debt document] “Silver zuzim which are …”, and the rest was erased, [the creditor can claim] at least two zuzim. [If there was written in a debt document] “Silver selas which are …”, and the rest was erased, [the creditor can claim] at least two selas. [If there was written in a debt document] “Darics which are …”, and the rest was erased, [the creditor can claim] at least two darics. If at the top was written a “maneh (100” and at the bottom “200 zuz”, or “200 zuz” at the top and “maneh” at the bottom, everything goes according to the bottom amount. If so, why is the figure written at the top of the document? So that, if a letter of the lower figure was erased, they can learn from the upper figure.

[If a man said,] “I adjure you that you come and bear testimony for me that so-and-so promised to give me two hundred zuz, and did not give me”, they are exempt, for they are liable only for a money claim as [in the case of] deposit.

The oath of the judges [is imposed when] the claim is [at least] two silver coins, and the admission the equivalent of a perutah. And if the admission is not of the same kind as the claim, he is exempt. How is this so? “Two silver ma’ahs of mine are in your possession,” [and the other replies], “I have nothing of yours in my possession except a perutah,” he is exempt. “Two silver ma’ahs of mine and a perutah are in your possession,” [and the other replies,] “I have nothing of yours in my possession except a perutah,” he is liable. “A hundred denarii of mine are in your possession”, [and the other replies], “I have nothing of yours,” he is exempt. “A hundred denarii of mine are in your possession”, [and the other replies], “I have of yours only fifty denarii,” he is liable. “You have of my father’s a hundred denarii”, [and the other replies], “I have of his only fifty denarii”, he is exempt, because it is as if he restores a lost object.

The oath of the judges [is imposed when] the claim is [at least] two silver coins, and the admission the equivalent of a perutah. And if the admission is not of the same kind as the claim, he is exempt. How is this so? “Two silver ma’ahs of mine are in your possession,” [and the other replies], “I have nothing of yours in my possession except a perutah,” he is exempt. “Two silver ma’ahs of mine and a perutah are in your possession,” [and the other replies,] “I have nothing of yours in my possession except a perutah,” he is liable. “A hundred denarii of mine are in your possession”, [and the other replies], “I have nothing of yours,” he is exempt. “A hundred denarii of mine are in your possession”, [and the other replies], “I have of yours only fifty denarii,” he is liable. “You have of my father’s a hundred denarii”, [and the other replies], “I have of his only fifty denarii”, he is exempt, because it is as if he restores a lost object.

“You have of mine a litra of gold”, [and he replies], “I have of yours only a litra of silver,” he is exempt. “You have of mine a golden denar”, [and he replies], “I have of yours only a silver denar, or a tresis, or a pundion, or a perutah”, he is liable, for all are one kind of coinage. “You have of mine a kor of grain”, [and he replies], “I have of yours only a letek of beans”, he is exempt. “You have of mine a kor of produce”, [and he replies], “I have of yours only a letek of beans,” he is liable, for beans are included in produce. If he claimed from him wheat, and the other admitted barley, he is exempt. But Rabban Gamaliel makes him liable. If he claims from his neighbor jars of oil, and he admits [his claim to the empty] jars, Admon says, since he admits to him a portion of the same kind as the claim, he must swear. But the sages say, the admission is not of the same kind as the claim. Rabban Gamaliel said, “I approve the words of Admon. If he claims from him vessels and lands, and he admits the vessels, but denies the lands; or admits the lands, but denies the vessels, he is exempt. If he admits a portion of the lands, he is exempt; a portion of the vessels, he is liable because properties for which there is no security bind properties for which there is security to take an oath for them.

“You have of mine a litra of gold”, [and he replies], “I have of yours only a litra of silver,” he is exempt. “You have of mine a golden denar”, [and he replies], “I have of yours only a silver denar, or a tresis, or a pundion, or a perutah”, he is liable, for all are one kind of coinage. “You have of mine a kor of grain”, [and he replies], “I have of yours only a letek of beans”, he is exempt. “You have of mine a kor of produce”, [and he replies], “I have of yours only a letek of beans,” he is liable, for beans are included in produce. If he claimed from him wheat, and the other admitted barley, he is exempt. But Rabban Gamaliel makes him liable. If he claims from his neighbor jars of oil, and he admits [his claim to the empty] jars, Admon says, since he admits to him a portion of the same kind as the claim, he must swear. But the sages say, the admission is not of the same kind as the claim. Rabban Gamaliel said, “I approve the words of Admon. If he claims from him vessels and lands, and he admits the vessels, but denies the lands; or admits the lands, but denies the vessels, he is exempt. If he admits a portion of the lands, he is exempt; a portion of the vessels, he is liable because properties for which there is no security bind properties for which there is security to take an oath for them.

“You have of mine a litra of gold”, [and he replies], “I have of yours only a litra of silver,” he is exempt. “You have of mine a golden denar”, [and he replies], “I have of yours only a silver denar, or a tresis, or a pundion, or a perutah”, he is liable, for all are one kind of coinage. “You have of mine a kor of grain”, [and he replies], “I have of yours only a letek of beans”, he is exempt. “You have of mine a kor of produce”, [and he replies], “I have of yours only a letek of beans,” he is liable, for beans are included in produce. If he claimed from him wheat, and the other admitted barley, he is exempt. But Rabban Gamaliel makes him liable. If he claims from his neighbor jars of oil, and he admits [his claim to the empty] jars, Admon says, since he admits to him a portion of the same kind as the claim, he must swear. But the sages say, the admission is not of the same kind as the claim. Rabban Gamaliel said, “I approve the words of Admon. If he claims from him vessels and lands, and he admits the vessels, but denies the lands; or admits the lands, but denies the vessels, he is exempt. If he admits a portion of the lands, he is exempt; a portion of the vessels, he is liable because properties for which there is no security bind properties for which there is security to take an oath for them.

No oath is imposed in a claim by a deaf-mute, imbecile, or minor. And no oath is imposed on a minor. But an oath is imposed when a claim is lodged against a minor, or against the Temple’s property.

No oath is imposed in a claim by a deaf-mute, imbecile, or minor. And no oath is imposed on a minor. But an oath is imposed when a claim is lodged against a minor, or against the Temple’s property.

“He whose opponent is suspected of taking a false oath,” How so? Whether it be the oath of testimony, or the oath of deposit, or even a vain oath. If one [of the litigants] was a dice-player, or usurer, or pigeon-flyer, or dealer in the produce of the seventh year, his opponent takes the oath and collects [his claim]. If both are suspect, the oath returns to its place, these are the words of Rabbi Yose. Rabbi Meir says: “They divide [the claim].”

“He whose opponent is suspected of taking a false oath,” How so? Whether it be the oath of testimony, or the oath of deposit, or even a vain oath. If one [of the litigants] was a dice-player, or usurer, or pigeon-flyer, or dealer in the produce of the seventh year, his opponent takes the oath and collects [his claim]. If both are suspect, the oath returns to its place, these are the words of Rabbi Yose. Rabbi Meir says: “They divide [the claim].”

So too they have said that she who impairs her kethubah [by admitting that it had already been partially paid] cannot receive [the remainder of the] payment except on oath; And that if one witness testifies against her that it [the kethubah] has been paid [in full], she cannot receive payment except on oath; And that from assigned property or orphans’ property she cannot exact payment [for her kethubah] except on oath; And that if she claims [her kethubah] not in his presence, she cannot receive payment except on oath. So, too, orphans cannot receive payment except on oath [namely]: “We swear that our father did not enjoin in his will, neither did our father say unto us, nor did we find [written] among the documents of our father that this document is paid.” Rabbi Yochanan ben Beroka says: “Even if the son was born after his father’s death he may take an oath, and collect his claim.” Rabban Shimon ben Gamaliel said: “If there are witnesses that the father said at the time of his death that this document was not paid, he receives [his claim] without an oath.”

So too they have said that she who impairs her kethubah [by admitting that it had already been partially paid] cannot receive [the remainder of the] payment except on oath; And that if one witness testifies against her that it [the kethubah] has been paid [in full], she cannot receive payment except on oath; And that from assigned property or orphans’ property she cannot exact payment [for her kethubah] except on oath; And that if she claims [her kethubah] not in his presence, she cannot receive payment except on oath. So, too, orphans cannot receive payment except on oath [namely]: “We swear that our father did not enjoin in his will, neither did our father say unto us, nor did we find [written] among the documents of our father that this document is paid.” Rabbi Yochanan ben Beroka says: “Even if the son was born after his father’s death he may take an oath, and collect his claim.” Rabban Shimon ben Gamaliel said: “If there are witnesses that the father said at the time of his death that this document was not paid, he receives [his claim] without an oath.”

And these take an oath though there is no [definite] claim: partners, tenants, guardians, the wife who transacts the affairs in the house, and the son of the house. [If] he said to him, “What do you claim of me?”, [and the other replied,] “I want you to swear to me”, he must take an oath. If the partners or tenants had divided, he cannot impose an oath upon them. If an oath was imposed upon him in another case, they impose upon him the whole. And the seventh year cancels the oath.

And these take an oath though there is no [definite] claim: partners, tenants, guardians, the wife who transacts the affairs in the house, and the son of the house. [If] he said to him, “What do you claim of me?”, [and the other replied,] “I want you to swear to me”, he must take an oath. If the partners or tenants had divided, he cannot impose an oath upon them. If an oath was imposed upon him in another case, they impose upon him the whole. And the seventh year cancels the oath.

Rabban Yohanan ben Zakkai received [the oral tradition] from Hillel and Shammai. He used to say: if you have learned much Torah, do not claim credit for yourself, because for such a purpose were you created. Rabban Yohanan ben Zakkai had five disciples and they were these: Rabbi Eliezer ben Hyrcanus, Rabbi Joshua ben Hananiah, Rabbi Yose, the priest, Rabbi Shimon ben Nethaneel and Rabbi Eleazar ben Arach. He [Rabbi Johanan] used to list their outstanding virtues: Rabbi Eliezer ben Hyrcanus is a plastered cistern which loses not a drop; Rabbi Joshua ben Hananiah happy is the woman that gave birth to him; Rabbi Yose, the priest, is a pious man; Rabbi Simeon ben Nethaneel is one that fears sin, And Rabbi Eleazar ben Arach is like a spring that [ever] gathers force. He [Rabbi Yohanan] used to say: if all the sages of Israel were on one scale of the balance and Rabbi Eliezer ben Hyrcanus on the other scale, he would outweigh them all. Abba Shaul said in his name: if all the sages of Israel were on one scale of the balance, and Rabbi Eliezer ben Hyrcanus also with them, and Rabbi Eleazar ben Arach on the other scale, he would outweigh them all.

If a man's wife had never before given birth and she gave birth to two males, he gives five sela's to the priest. If one of them dies within thirty days [of birth] the father is exempt. If the father dies and the sons survive: Rabbi Meir says: if they gave the five sela's before the property was divided up, then what they gave is given; but if not, they are exempt. But Rabbi Judah says: there is a claim on the property. If she gave birth to a male and a female, the priest receives nothing.

Two women who had never before given birth gave birth to two males: he [the father] gives ten selas to the priest. If one of the children dies within thirty days [of its birth], if he gave the redemption money to one priest alone, he returns five selas to him, but if he gave it to two priests, he cannot reclaim the money from them. If they gave birth to a male and a female or to two males and a female, he gives five selas to the priest. If they gave birth to two females and a male, or to two males and two females, the priest receives nothing. If one woman had given birth before and the other had never given birth, and they gave birth to two males, he gives five selas to the priest. If one of the children died within thirty days [of its birth], the father is exempt. If the father dies and the sons survive: Rabbi Meir says: if they gave the five sela's before the property was divided up, then what they gave is given; but if not, they are exempt. But Rabbi Judah says: there is a claim on the property. If they gave birth to a male and a female, the priest receives nothing.

The first-born takes a double share of the father's estate but he does not take a double share of the mother’s estate. He also does not take a double share of the improvement in the value of the estate. Nor from what will fall due [to the estate] as he does of what is held in possession. Nor can a woman claim with her ketubah [from these], Nor can daughters claim their support. Nor can a yavam make a claim [from these]. None of these take from the improvement in the value of the estate, nor of what will fall to the estate as they do of what is now held in possession.