contract

His eyes are upon every woman without distinction; His tongue lieth when he maketh contract with an oath.

So we have come unto you to form a treaty of peace between us, and now therefore contract with us a covenant of peace and truth, that you will not meddle with us, inasmuch as we have not meddled with you.

Thus did Balaam speak by inspiration, as not being in his own power, but moved to say what he did by the Divine Spirit. But then Balak was displeased, and said he had broken the contract he had made, whereby he was to come, as he and his confederates had invited him, by the promise of great presents: for whereas he came to curse their enemies, he had made an encomium upon them, and had declared that they were the happiest of men. To which Balaam replied, "O Balak, if thou rightly considerest this whole matter, canst thou suppose that it is in our power to be silent, or to say any thing, when the Spirit of God seizes upon us?—for he puts such words as he pleases in our mouths, and such discourses as we are not ourselves conscious of. I well remember by what entreaties both you and the Midianites so joyfully brought me hither, and on that account I took this journey. It was my prayer, that I might not put any affront upon you, as to what you desired of me; but God is more powerful than the purposes I had made to serve you; for those that take upon them to foretell the affairs of mankind, as from their own abilities, are entirely unable to do it, or to forbear to utter what God suggests to them, or to offer violence to his will; for when he prevents us and enters into us, nothing that we say is our own. I then did not intend to praise this army, nor to go over the several good things which God intended to do to their race; but since he was so favorable to them, and so ready to bestow upon them a happy life and eternal glory, he suggested the declaration of those things to me: but now, because it is my desire to oblige thee thyself, as well as the Midianites, whose entreaties it is not decent for me to reject, go to, let us again rear other altars, and offer the like sacrifices that we did before, that I may see whether I can persuade God to permit me to bind these men with curses." Which, when Balak had agreed to, God would not, even upon second sacrifices, consent to his cursing the Israelites. Then fell Balaam upon his face, and foretold what calamities would befall the several kings of the nations, and the most eminent cities, some of which of old were not so much as inhabited; which events have come to pass among the several people concerned, both in the foregoing ages, and in this, till my own memory, both by sea and by land. From which completion of all these predictions that he made, one may easily guess that the rest will have their completion in time to come.

But now Cassius, after Crassus, put a stop to the Parthians, who were marching in order to enter Syria. Cassius had fled into that province, and when he had taken possession of the same, he made a hasty march into Judea; and, upon his taking Taricheae, he carried thirty thousand Jews into slavery. He also slew Pitholaus, who had supported the seditious followers of Aristobulus; and it was Antipater who advised him so to do. Now this Antipater married a wife of an eminent family among the Arabisus, whose name was Cypros, and had four sons born to him by her, Phasaelus and Herod, who was afterwards king, and, besides these, Joseph and Pheroras; and he had a daughter whose name was Salome. Now as he made himself friends among the men of power every where, by the kind offices he did them, and the hospitable manner that he treated them; so did he contract the greatest friendship with the king of Arabia, by marrying his relation; insomuch that when he made war with Aristobulus, he sent and intrusted his children with him. So when Cassius had forced Alexander to come to terms and to be quiet, he returned to Euphrates, in order to prevent the Parthians from repassing it; concerning which matter we shall speak elsewhere.

If four brothers were married to four women, and they died, if the eldest [surviving brother] desires he may contract yibbum with all of them. If a man was married to two women and died, sexual relations or halitzah with one of them exempts her rival. If one of them was eligible [to marry a priest] and one ineligible [to marry a priest], then if he performs halitzah it should be to her who is ineligible, and if he contracts yibbum it may be with her who is eligible.

A high priest shall not marry a widow whether she became a widow after a betrothal or after a marriage. He shall not marry one who has reached puberty. Rabbi Eliezer and Rabbi Shimon permit him to marry one who has reached puberty, but he may not marry one who lost her virginity through a stick. [A priest who] betrothed a widow, and was subsequently appointed high priest, may bring her into marriage. It once happened with Joshua ben Gamla that he betrothed Marta the daughter of Boethus, and the king appointed him high priest, and he brought her into marriage. If a shomeret yavam became liable to have yibbum with an ordinary priest and then he was appointed high priest, even though he already did ma’amar, he may not bring her into marriage. A high priest whose brother died must perform halitzah but may not contract yibbum.

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.

If the child of a woman was mixed up with the child of her daughter-in-law and the mixed-up children grew up and married women and then died, the [other] sons of the daughter-in-law perform halitzah but may not contract yibbum, for it is uncertain whether she is the wife of his brother or the wife of his father’s brother. The [other] sons of the older woman either perform halitzah or yibbum, since the only doubt is whether she is the wife of his brother or the wife of his brother’s son. If the not-mixed-up sons died then [with respect to the widows of the sons of the older woman] the mixed-up sons perform halitzah and may not have yibbum, since it is uncertain whether she is the wife of his brother or the wife of his father’s brother; [With respect to the widows] of the sons of the daughter-in-law one performs halitzah and the other [may] have yibbum.

If a woman did not wait three months after [separation from] her husband, and married again and gave birth [to a son], and it is unknown whether it is a nine-months child by the first husband or a seven-months child by the second, if she had other sons by the first husband and other sons by the second, these must perform halitzah but may not contract yibbum. So too he, with their widows performs halitzah but may not contract yibbum. If he had brothers by the first and also brothers by the second, but not by the same mother, he may either perform halitzah or contract yibbum, But as for them, one performs halitzah and the other may [then] contract yibbum.

If a woman did not wait three months after [separation from] her husband, and married again and gave birth [to a son], and it is unknown whether it is a nine-months child by the first husband or a seven-months child by the second, if she had other sons by the first husband and other sons by the second, these must perform halitzah but may not contract yibbum. So too he, with their widows performs halitzah but may not contract yibbum. If he had brothers by the first and also brothers by the second, but not by the same mother, he may either perform halitzah or contract yibbum, But as for them, one performs halitzah and the other may [then] contract yibbum.

If a woman did not wait three months after [separation from] her husband, and married again and gave birth [to a son], and it is unknown whether it is a nine-months child by the first husband or a seven-months child by the second, if she had other sons by the first husband and other sons by the second, these must perform halitzah but may not contract yibbum. So too he, with their widows performs halitzah but may not contract yibbum. If he had brothers by the first and also brothers by the second, but not by the same mother, he may either perform halitzah or contract yibbum, But as for them, one performs halitzah and the other may [then] contract yibbum.

If a woman did not wait three months after [separation from] her husband, and married again and gave birth [to a son], and it is unknown whether it is a nine-months child by the first husband or a seven-months child by the second, if she had other sons by the first husband and other sons by the second, these must perform halitzah but may not contract yibbum. So too he, with their widows performs halitzah but may not contract yibbum. If he had brothers by the first and also brothers by the second, but not by the same mother, he may either perform halitzah or contract yibbum, But as for them, one performs halitzah and the other may [then] contract yibbum.

If a woman and her husband went to a country beyond the sea [at a time when there was] peace between him and her and [when there was also] peace in the world, and she came back and said, “My husband is dead”, she may marry again; and if she said, “My husband is dead [and he had no children]” she may contract yibbum. If there was peace between him and her, but war in the world, [or if there was] discord between him and her, but peace in the world, and she came back and said, ‘My husband is dead”, she is not believed. Rabbi Judah says: she is never believed unless she comes weeping and her garments are rent. They said to him: she may marry in either case.

A woman who went with her husband to a country beyond the sea, and her son was with her, and who came back and stated, “my husband died and afterwards my son died”, is believed. [If she stated] “my son died and afterwards my husband died”, she is not believed, but we are concerned that her words [might be true] and she must, therefore, perform halitzah but may not contract yibbum.

[If a woman states], “A son was given to me [while I was] in a country beyond the sea” and she also states, “my son died and afterwards my husband died”, she is believed. [If she states], “my husband died and afterwards my son died”, she is not believed, but we are concerned that her words [might be true] and she must, therefore, perform halitzah but may not contract yibbum.

A woman whose husband and rival wife went to a country beyond the sea, and to whom people came and said, “your husband is dead”, must neither marry nor contract yibbum until she has ascertained whether her rival wife is pregnant. If she had a mother-in-law she need not be concerned [she had another son]. But if [the mother-in-law] departed while pregnant she must be concerned [that another son was born]. Rabbi Joshua says: she need not be concerned.

How does he warn her? If he says to her in front of two [witnesses], “Do not speak with that man”, and she spoke with him, she is still permitted to her husband and permitted to eat terumah. If she entered a private place with him and stayed with him a time sufficient for her to be defiled [by having sexual intercourse with him], she is forbidden to her husband and forbidden to eat terumah. If [her husband] died, she performs halitzah but cannot contract yibbum.

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.

Wherever there is kiddushin and there is no transgression, the child goes after the status of the male. And what case is this? When the daughter of a priest, a Levite or an Israelite is married to a priest, a Levite or an Israelite. And wherever there is kiddushin and there is transgression, the child goes after the status of the flawed parent. And what case is this? When a widow is married to a high priest, or a divorced woman or a halutzah to an ordinary priest, or a mamzeret or a netinah to an Israelite, and the daughter of an Israelite to a mamzer or a natin. And any [woman] who cannot contract kiddushin with that particular person but can contract kiddushin with another person, the child is a mamzer. And what case is this? One who has intercourse with any relation prohibited in the Torah. And any [woman] who can not contract kiddushin with that particular person or with others, the child follows her status. And what case is this? The child issue of a female slave or a gentile woman.

Wherever there is kiddushin and there is no transgression, the child goes after the status of the male. And what case is this? When the daughter of a priest, a Levite or an Israelite is married to a priest, a Levite or an Israelite. And wherever there is kiddushin and there is transgression, the child goes after the status of the flawed parent. And what case is this? When a widow is married to a high priest, or a divorced woman or a halutzah to an ordinary priest, or a mamzeret or a netinah to an Israelite, and the daughter of an Israelite to a mamzer or a natin. And any [woman] who cannot contract kiddushin with that particular person but can contract kiddushin with another person, the child is a mamzer. And what case is this? One who has intercourse with any relation prohibited in the Torah. And any [woman] who can not contract kiddushin with that particular person or with others, the child follows her status. And what case is this? The child issue of a female slave or a gentile woman.

Wherever there is kiddushin and there is no transgression, the child goes after the status of the male. And what case is this? When the daughter of a priest, a Levite or an Israelite is married to a priest, a Levite or an Israelite. And wherever there is kiddushin and there is transgression, the child goes after the status of the flawed parent. And what case is this? When a widow is married to a high priest, or a divorced woman or a halutzah to an ordinary priest, or a mamzeret or a netinah to an Israelite, and the daughter of an Israelite to a mamzer or a natin. And any [woman] who cannot contract kiddushin with that particular person but can contract kiddushin with another person, the child is a mamzer. And what case is this? One who has intercourse with any relation prohibited in the Torah. And any [woman] who can not contract kiddushin with that particular person or with others, the child follows her status. And what case is this? The child issue of a female slave or a gentile woman.

If he found an [animal] in a stable, he is not responsible for it [even though the stable door was loose and unguarded. But if he found it in the public domain he is responsible for it. If it was in a cemetery he need not contract uncleanness because of it. If his father said to him, “Contract uncleanness”, or if he said to him, “Do not return it”, he may not listen to him. If he unloaded [the ass fallen under its load] and reloaded it and again unloaded it and reloaded it, even four or five times he is still obligated, for it is written, “You must surely raise it with him”. If the owner went and sat down and said, “Since the commandment is upon you, if you wish to unload, unload”, he is not obligated, for it is written “with him”. But if the owner was aged or sick, he is obligated. It is a commandment from the Torah to unload but not to reload. Rabbi Shimon says, “To reload as well.” Rabbi Yose the Galilean says, “If the beast was carrying more than its proper load he is not obligated [to help unload it], for it is written, “under its load”, [which is to say] a load which it is able to endure.

If he found an [animal] in a stable, he is not responsible for it [even though the stable door was loose and unguarded. But if he found it in the public domain he is responsible for it. If it was in a cemetery he need not contract uncleanness because of it. If his father said to him, “Contract uncleanness”, or if he said to him, “Do not return it”, he may not listen to him. If he unloaded [the ass fallen under its load] and reloaded it and again unloaded it and reloaded it, even four or five times he is still obligated, for it is written, “You must surely raise it with him”. If the owner went and sat down and said, “Since the commandment is upon you, if you wish to unload, unload”, he is not obligated, for it is written “with him”. But if the owner was aged or sick, he is obligated. It is a commandment from the Torah to unload but not to reload. Rabbi Shimon says, “To reload as well.” Rabbi Yose the Galilean says, “If the beast was carrying more than its proper load he is not obligated [to help unload it], for it is written, “under its load”, [which is to say] a load which it is able to endure.

If one hired craftsmen and they retracted, they are at a disadvantage. If the householder (the employer) retracted he is at a disadvantage. Whosoever changes [the conditions of a contract] is at a disadvantage. And anyone who retracts is at a disadvantage.

The High Priest can judge and be judged; he can testify and others can testify against him. He can perform halitzah for another’s wife and others can perform halitzah for his wife or contract levirate marriage with his widow, but he cannot contract levirate marriage since he is forbidden to marry a widow. If any of his near kin die he may not follow after the bier, rather when the bearers are not visible, he is visible, when they are visible he is not visible, and he may go out with them as far as the city gate, according to Rabbi Meir. Rabbi Judah says, “He may not leave the Temple, as it says, “Nor shall he go out of the Sanctuary”. And when he comforts other mourners the custom is for all of the people to pass by, the one after the other, while the appointed [priest] stands between him and the people. And when he receives comfort from others, all the people say to him, “Let us be your atonement”, and he says to them, “May you be blessed by Heaven.” When they feed him the funeral meal all the people sit around on the ground and he sits on a stool.

The High Priest can judge and be judged; he can testify and others can testify against him. He can perform halitzah for another’s wife and others can perform halitzah for his wife or contract levirate marriage with his widow, but he cannot contract levirate marriage since he is forbidden to marry a widow. If any of his near kin die he may not follow after the bier, rather when the bearers are not visible, he is visible, when they are visible he is not visible, and he may go out with them as far as the city gate, according to Rabbi Meir. Rabbi Judah says, “He may not leave the Temple, as it says, “Nor shall he go out of the Sanctuary”. And when he comforts other mourners the custom is for all of the people to pass by, the one after the other, while the appointed [priest] stands between him and the people. And when he receives comfort from others, all the people say to him, “Let us be your atonement”, and he says to them, “May you be blessed by Heaven.” When they feed him the funeral meal all the people sit around on the ground and he sits on a stool.

The king can neither judge nor be judged, he cannot testify and others cannot testify against him. He may not perform halitzah, nor may others perform halitzah for his wife. He may not contract levirate marriage nor may his brothers contract levirate marriage with his wife. Rabbi Judah says: “If he wished to perform halitzah or to contract levirate marriage his memory is a blessing.” They said to him: “They should not listen to him.” None may marry his widow. Rabbi Judah says: “The king may marry the widow of a king, for so have we found it with David, who married the widow of Saul, as it says, “And I gave you my master’s house and my master’s wives into your embrace” (II Samuel 12:8).

The king can neither judge nor be judged, he cannot testify and others cannot testify against him. He may not perform halitzah, nor may others perform halitzah for his wife. He may not contract levirate marriage nor may his brothers contract levirate marriage with his wife. Rabbi Judah says: “If he wished to perform halitzah or to contract levirate marriage his memory is a blessing.” They said to him: “They should not listen to him.” None may marry his widow. Rabbi Judah says: “The king may marry the widow of a king, for so have we found it with David, who married the widow of Saul, as it says, “And I gave you my master’s house and my master’s wives into your embrace” (II Samuel 12:8).

The king can neither judge nor be judged, he cannot testify and others cannot testify against him. He may not perform halitzah, nor may others perform halitzah for his wife. He may not contract levirate marriage nor may his brothers contract levirate marriage with his wife. Rabbi Judah says: “If he wished to perform halitzah or to contract levirate marriage his memory is a blessing.” They said to him: “They should not listen to him.” None may marry his widow. Rabbi Judah says: “The king may marry the widow of a king, for so have we found it with David, who married the widow of Saul, as it says, “And I gave you my master’s house and my master’s wives into your embrace” (II Samuel 12:8).

They stated three things before Rabbi Yishmael, and he pronounced none of them either unlawful or lawful; and Rabbi Joshua ben Matya explained them. One who lances an abscess on the Sabbath: if it was to make an opening he is liable; if it was to bring out the pus, he is exempt. And concerning one who hunts a snake on the Sabbath: that if he was occupied with it in order that it should not bite him, he is innocent; but if that he might use it as a remedy, he is guilty. And concerning Ironian stewpots: that they do not contract impurity when under the same tent as a corpse; but become impure if they are carried by a zav. Rabbi Eliezer ben Zadok says: “Even if they are carried by a zav they remain pure, because they are unfinished.”

Rabbi Akiba declared three things; about two they agreed with him, and about one they disagreed with him. About a lime-burner’s sandal, that it is liable to contract midras impurity; And about the remains of a [broken] oven, that they must be four handbreadths high [in order to retain impurity], whereas they used to say three and [when he said four] they agreed with him. And about one they disagreed with him About a stool, from which two of its covering-boards had been removed, the one beside the other, which Rabbi Akiba pronounces able to contract impurity, but the Sages declare unable to contract impurity.

Rabbi Akiba declared three things; about two they agreed with him, and about one they disagreed with him. About a lime-burner’s sandal, that it is liable to contract midras impurity; And about the remains of a [broken] oven, that they must be four handbreadths high [in order to retain impurity], whereas they used to say three and [when he said four] they agreed with him. And about one they disagreed with him About a stool, from which two of its covering-boards had been removed, the one beside the other, which Rabbi Akiba pronounces able to contract impurity, but the Sages declare unable to contract impurity.

Rabbi Akiba declared three things; about two they agreed with him, and about one they disagreed with him. About a lime-burner’s sandal, that it is liable to contract midras impurity; And about the remains of a [broken] oven, that they must be four handbreadths high [in order to retain impurity], whereas they used to say three and [when he said four] they agreed with him. And about one they disagreed with him About a stool, from which two of its covering-boards had been removed, the one beside the other, which Rabbi Akiba pronounces able to contract impurity, but the Sages declare unable to contract impurity.

If [blood] spurted [direct] from the [animal's] throat onto a garment, it does not require washing. From the horn or from the base [of the altar], it does not require washing. If it spilled out on to the floor [of the Temple] and [the priest] collected it, [and then it splattered onto a garment] it does not require washing. Only blood which was received in a vessel and is fit for sprinkling requires washing. If [the blood] spurted on to the hide, before it was flayed, it does not require washing. [If it spurted] after it was flayed, it requires washing, the words of Rabbi Judah. Rabbi Eliezer says: even [if it spurted on the skin] after it was flayed [it does not require washing]. Only the place of the blood requires washing. And whatever is eligible to contract uncleanness, And whatever is fit for washing.

If a person slaughtered an animal and found in it an amniotic sac, he who is not fastidious may eat it. It does not contract uncleanness, either food uncleanness or the uncleanness of nevelah. If he intended to eat it, it can contract food uncleanness but not the uncleanness of nevelah. If part of the amniotic sac emerged [before the slaughtering of the mother], it may not be eaten; for it is a sign of birth in a woman and also a sign of birth in an animal. If an animal which was pregnant for the first time miscarried an amniotic sac, it may be thrown to dogs. But in the case of a consecrated animal it must be buried. It may not be buried at cross-roads or hung on a tree, for these are amorite practices.

If a person slaughtered an animal and found in it an amniotic sac, he who is not fastidious may eat it. It does not contract uncleanness, either food uncleanness or the uncleanness of nevelah. If he intended to eat it, it can contract food uncleanness but not the uncleanness of nevelah. If part of the amniotic sac emerged [before the slaughtering of the mother], it may not be eaten; for it is a sign of birth in a woman and also a sign of birth in an animal. If an animal which was pregnant for the first time miscarried an amniotic sac, it may be thrown to dogs. But in the case of a consecrated animal it must be buried. It may not be buried at cross-roads or hung on a tree, for these are amorite practices.

Vessels of wood, vessels of leather, vessels of bone or vessels of glass: If they are simple they are clean If they form a receptacle they are unclean. If they were broken they become clean again. If one remade them into vessels they are susceptible to impurity henceforth. Earthen vessels and vessels of sodium carbonate are equal in respect of impurity: they contract and convey impurity through their air-space; they convey impurity through the outside but they do not become impure through their backs; and when broken they become clean.

If a jar was about to be cracked but was strengthened with cattle dung, although the potsherds would fall apart were the dung to be removed, it is unclean, because the designation of vessel never ceased to apply. If it was broken and some of its pieces were stuck together again, or if he brought other pieces of clay from elsewhere, and it was also lined with cattle dung, even though the potsherds hold together when the dung is removed, it is clean, because the designation of vessel ceased to apply. If it contained one potsherd that could hold a quarter of a log, all its parts contract impurity by contact, but that potsherd contracts impurity through its air-space.

The crown of a double stove is clean. The fender around an oven: if it is four handbreadths high it contracts impurity by contact and through its air-space, but if it was lower it is clean. If it was joined to it, even if only by three stones, it is unclean. The place [on the stove] for the oil cruse, the spice-pot, and the lamp contract impurity by contact but not through their air-space, the words of Rabbi Meir. Rabbi Ishmael rules that they are clean.

The fire-basket of a householder which was lessened by less than three handbreadths is susceptible to impurity because when it is heated from below a pot above would still boil. If [it was lessened] to a lower depth it is not susceptible to impurity. If subsequently a stone or gravel was put into it, it is still not susceptible to impurity. If it was plastered over with clay, it may contract impurity from that point and onwards. This was Rabbi Judah's reply in connection with the oven that was placed over the mouth of a cistern or over that of a cellar.

If it [the extension] was detached from the stove, whenever it was three fingerbreadths high it contracts impurity by contact and through its air-space, If it was lower or if it was smooth it is clean. If three props on a stove were three fingerbreadths high, they contract impurity by contact and through their air-space. If they were lower, all the more so they contract impurity, even where they were four in number.

If it [the extension] was detached from the stove, whenever it was three fingerbreadths high it contracts impurity by contact and through its air-space, If it was lower or if it was smooth it is clean. If three props on a stove were three fingerbreadths high, they contract impurity by contact and through their air-space. If they were lower, all the more so they contract impurity, even where they were four in number.

If one of them [i.e. the props] was removed, the remaining ones contract impurity by contact but not through air-space, the words of Rabbi Meir. Rabbi Shimon says that they are clean. If originally he made two props, one opposite the other, they contract impurity by contact and through air-space; the words of Rabbi Meir. Rabbi Shimon says that they are clean. If they were more than three fingerbreadths high, the parts that are three fingerbreadths high and below contract impurity by contact and through air-space but the parts that are more than three fingerbreadths high contract impurity by contact and not through air-space; the words of Rabbi Meir. Rabbi Shimon says that they are clean. If they were withdrawn from the rim [of the stove], the parts which are within three fingerbreadths contract impurity by contact and through air-space, and those parts that are removed more than three fingerbreadths contract impurity by contact but not through air-space, the words of Rabbi Meir. Rabbi Shimon says that they are clean.

If one of them [i.e. the props] was removed, the remaining ones contract impurity by contact but not through air-space, the words of Rabbi Meir. Rabbi Shimon says that they are clean. If originally he made two props, one opposite the other, they contract impurity by contact and through air-space; the words of Rabbi Meir. Rabbi Shimon says that they are clean. If they were more than three fingerbreadths high, the parts that are three fingerbreadths high and below contract impurity by contact and through air-space but the parts that are more than three fingerbreadths high contract impurity by contact and not through air-space; the words of Rabbi Meir. Rabbi Shimon says that they are clean. If they were withdrawn from the rim [of the stove], the parts which are within three fingerbreadths contract impurity by contact and through air-space, and those parts that are removed more than three fingerbreadths contract impurity by contact but not through air-space, the words of Rabbi Meir. Rabbi Shimon says that they are clean.

If one of them [i.e. the props] was removed, the remaining ones contract impurity by contact but not through air-space, the words of Rabbi Meir. Rabbi Shimon says that they are clean. If originally he made two props, one opposite the other, they contract impurity by contact and through air-space; the words of Rabbi Meir. Rabbi Shimon says that they are clean. If they were more than three fingerbreadths high, the parts that are three fingerbreadths high and below contract impurity by contact and through air-space but the parts that are more than three fingerbreadths high contract impurity by contact and not through air-space; the words of Rabbi Meir. Rabbi Shimon says that they are clean. If they were withdrawn from the rim [of the stove], the parts which are within three fingerbreadths contract impurity by contact and through air-space, and those parts that are removed more than three fingerbreadths contract impurity by contact but not through air-space, the words of Rabbi Meir. Rabbi Shimon says that they are clean.

If one of them [i.e. the props] was removed, the remaining ones contract impurity by contact but not through air-space, the words of Rabbi Meir. Rabbi Shimon says that they are clean. If originally he made two props, one opposite the other, they contract impurity by contact and through air-space; the words of Rabbi Meir. Rabbi Shimon says that they are clean. If they were more than three fingerbreadths high, the parts that are three fingerbreadths high and below contract impurity by contact and through air-space but the parts that are more than three fingerbreadths high contract impurity by contact and not through air-space; the words of Rabbi Meir. Rabbi Shimon says that they are clean. If they were withdrawn from the rim [of the stove], the parts which are within three fingerbreadths contract impurity by contact and through air-space, and those parts that are removed more than three fingerbreadths contract impurity by contact but not through air-space, the words of Rabbi Meir. Rabbi Shimon says that they are clean.

If one of them [i.e. the props] was removed, the remaining ones contract impurity by contact but not through air-space, the words of Rabbi Meir. Rabbi Shimon says that they are clean. If originally he made two props, one opposite the other, they contract impurity by contact and through air-space; the words of Rabbi Meir. Rabbi Shimon says that they are clean. If they were more than three fingerbreadths high, the parts that are three fingerbreadths high and below contract impurity by contact and through air-space but the parts that are more than three fingerbreadths high contract impurity by contact and not through air-space; the words of Rabbi Meir. Rabbi Shimon says that they are clean. If they were withdrawn from the rim [of the stove], the parts which are within three fingerbreadths contract impurity by contact and through air-space, and those parts that are removed more than three fingerbreadths contract impurity by contact but not through air-space, the words of Rabbi Meir. Rabbi Shimon says that they are clean.

If one of them [i.e. the props] was removed, the remaining ones contract impurity by contact but not through air-space, the words of Rabbi Meir. Rabbi Shimon says that they are clean. If originally he made two props, one opposite the other, they contract impurity by contact and through air-space; the words of Rabbi Meir. Rabbi Shimon says that they are clean. If they were more than three fingerbreadths high, the parts that are three fingerbreadths high and below contract impurity by contact and through air-space but the parts that are more than three fingerbreadths high contract impurity by contact and not through air-space; the words of Rabbi Meir. Rabbi Shimon says that they are clean. If they were withdrawn from the rim [of the stove], the parts which are within three fingerbreadths contract impurity by contact and through air-space, and those parts that are removed more than three fingerbreadths contract impurity by contact but not through air-space, the words of Rabbi Meir. Rabbi Shimon says that they are clean.

A bed half of which was stolen or lost, or one which brothers or joint owners divided between themselves, becomes clean. If it was restored it is susceptible to uncleanness henceforth. A bed may contract uncleanness and be rendered clean when all its parts are bound together, the words of Rabbi Eliezer. But the sages say: it can contract uncleanness and is rendered clean in single parts.

A bed half of which was stolen or lost, or one which brothers or joint owners divided between themselves, becomes clean. If it was restored it is susceptible to uncleanness henceforth. A bed may contract uncleanness and be rendered clean when all its parts are bound together, the words of Rabbi Eliezer. But the sages say: it can contract uncleanness and is rendered clean in single parts.

They asked R. Eliezer: "[What is the ruling concerning] one who had a bright spot the size of a sela form on the inside of his hand and it covered up the scar of a boil?" He replied: "He should be isolated." They said to him: "Why? Since it is neither capable of growing white hair nor can it effectively spread nor does quick flesh cause it to be unclean?" He replied, "It is possible that it will contract and then spread again." They said to him, "But what about when its only the size of a split bean?' He said to them: I have not heard anything. Rabbi Judah ben Batera said to him, "Can I teach something about this?" He replied, "If you would thereby confirm the ruling of the sages, go ahead." He said, "Lest another boil would arise outside it and spread into it. He replied: "You are a great scholar for you have confirmed the words of the sages."

All garments can contract the uncleanness of negaim except those of non-Jews. One who buys garments [with signs of negaim] from non-Jews they must be inspected as if the signs had then first appeared. The hides [of animals] of the sea do not contract the uncleanness of negaim. If one joined to them anything which grows on land, even if it is only a thread or a cord, as long as it is something that is susceptible to uncleanness, they also become susceptible to uncleanness.

All garments can contract the uncleanness of negaim except those of non-Jews. One who buys garments [with signs of negaim] from non-Jews they must be inspected as if the signs had then first appeared. The hides [of animals] of the sea do not contract the uncleanness of negaim. If one joined to them anything which grows on land, even if it is only a thread or a cord, as long as it is something that is susceptible to uncleanness, they also become susceptible to uncleanness.

A garment whose warp was colored and whose woof was white, or whose woof was colored and whose warp was white, all depends on what is most visible. Garments contract uncleanness if they are an intense green or an intense red. If [the nega] was green and it spread out red, or if it was red and it spread out green, it is unclean. If its color changed and then it spread, or if it changed and it did not spread, it is regarded as if it had not changed. Rabbi Judah says: let it be inspected as if it then appeared for the first time.

The warp and the woof can contract the uncleanness of negaim immediately. Rabbi Judah says: the warp, only after it has been boiled, but the woof immediately. And bundles of flax after they have been bleached. How much must there be in a coil for it to be capable of contracting the uncleanness of negaim? Enough to weave from it a piece of three fingerbreadths square, either warp or woof, even if it is all warp or all woof. If it consisted of broken threads it does not contract the uncleanness of negaim. Rabbi Judah says: even if the thread was broken only in one place, and he knotted together, it does not contract the uncleanness of negaim.

The warp and the woof can contract the uncleanness of negaim immediately. Rabbi Judah says: the warp, only after it has been boiled, but the woof immediately. And bundles of flax after they have been bleached. How much must there be in a coil for it to be capable of contracting the uncleanness of negaim? Enough to weave from it a piece of three fingerbreadths square, either warp or woof, even if it is all warp or all woof. If it consisted of broken threads it does not contract the uncleanness of negaim. Rabbi Judah says: even if the thread was broken only in one place, and he knotted together, it does not contract the uncleanness of negaim.

The warp and the woof can contract the uncleanness of negaim immediately. Rabbi Judah says: the warp, only after it has been boiled, but the woof immediately. And bundles of flax after they have been bleached. How much must there be in a coil for it to be capable of contracting the uncleanness of negaim? Enough to weave from it a piece of three fingerbreadths square, either warp or woof, even if it is all warp or all woof. If it consisted of broken threads it does not contract the uncleanness of negaim. Rabbi Judah says: even if the thread was broken only in one place, and he knotted together, it does not contract the uncleanness of negaim.

One who winds [a thread] from one coil to another, or from one spool to another, or from the upper beam to the lower beam, and so also in the case of the two sides of a shirt, if a nega appears on the one, the other remains clean. If it appears on the shedded woof or on the standing warp, they become susceptible to the uncleanness of negaim immediately. Rabbi Shimon says: the warp may contract uncleanness only if it is closely ordered.

All houses may contract negaim uncleanness, except those of non-Jews. If one bought houses from non-Jews, any it must be inspected as if they had then first appeared. A round house, a triangular house, or a house built on a ship, on a raft or on four beams, is not susceptible to negaim uncleanness. But if it was four-sided, even if it was built on four pillars, it is susceptible to uncleanness.

The large feathers and the down contract uncleanness and convey uncleanness but do not combine [with the flesh to constitute the prescribed minimum]. Rabbi Ishmael says: the down does combine [with the flesh]. The beak and the claws contract uncleanness and convey uncleanness and also combine [with the flesh to constitute the prescribed minimum]. Rabbi Yose says: also the ends of the wings and the end of the tail combine [with the flesh to constitute the minimum] since they are left unplucked on fattened birds.

The large feathers and the down contract uncleanness and convey uncleanness but do not combine [with the flesh to constitute the prescribed minimum]. Rabbi Ishmael says: the down does combine [with the flesh]. The beak and the claws contract uncleanness and convey uncleanness and also combine [with the flesh to constitute the prescribed minimum]. Rabbi Yose says: also the ends of the wings and the end of the tail combine [with the flesh to constitute the minimum] since they are left unplucked on fattened birds.

The carrion of an unclean bird requires intention; and it must be rendered susceptible; It conveys food uncleanness if its minimum bulk is that of an egg; The consumption of half a loaf's bulk of it renders one's person unfit to eat terumah; There is no rule that an olive's worth defiles in the gullet; He who eats of it need not wait for sunset; No guilt is incurred on account of it for entering the sanctuary; But on account of it terumah must be burnt. He who eats a limb of it while it is alive is not subject to the penalty of forty stripes; Slaughtering it does not render it fit. The large feathers and the down contract uncleanness and convey uncleanness and combine with the flesh to constitute the prescribed minimum. The beak and the claws contract uncleanness and convey uncleanness and combine [with the flesh to make up the prescribed minimum].

The carrion of an unclean bird requires intention; and it must be rendered susceptible; It conveys food uncleanness if its minimum bulk is that of an egg; The consumption of half a loaf's bulk of it renders one's person unfit to eat terumah; There is no rule that an olive's worth defiles in the gullet; He who eats of it need not wait for sunset; No guilt is incurred on account of it for entering the sanctuary; But on account of it terumah must be burnt. He who eats a limb of it while it is alive is not subject to the penalty of forty stripes; Slaughtering it does not render it fit. The large feathers and the down contract uncleanness and convey uncleanness and combine with the flesh to constitute the prescribed minimum. The beak and the claws contract uncleanness and convey uncleanness and combine [with the flesh to make up the prescribed minimum].

If a girl has grown two pubic hairs she may perform either halitzah or contract levirate marriage, and she is obligated in all the commandments in the Torah. So too if a boy has grown two pubic hairs, he is obligated in all of the commandments in the Torah. He is fit to become a wayward and rebellious son from the time he has grown two hairs until the time when his beard forms a circle. This refers to the lower, and not to the upper one, but the sages spoke using a euphemism. A girl who has grown two hairs may no longer refuse the marriage. Rabbi Judah says: [she may refuse] until the black [hairs] predominate.

Rabbi Joshua said: if a menstruant sat in a bed with a clean woman, [even] the cap on her head contracts midras uncleanness. And if she sat in a boat, the vessels on the top of the mast [also] contract midras uncleanness. If there was [on the boat] a tub full of clothes: If their weight was heavy, they become unclean, But if their weight was light, they remain clean. If a zav knocked against a balcony and thereby caused a loaf of terumah to fall down, it remains clean.

On that day the votes were counted and they decided that a footbath holding from two logs to nine kavs which was cracked could contract midras uncleanness. Because Rabbi Akiva said a footbath [must be considered] according to its designation.

Roots of garlic, onions or leeks that are still moist, or their top-parts, whether they are moist or dry, also the central stalk that is within the edible part, the roots of lettuce, the radish and the turnip, the words of Rabbi Meir. Rabbi Judah says: only the large roots of the radish are included, but its fibrous roots are not included. The roots of the mint, rue, wild herbs and garden herbs that have been uprooted in order to be planted elsewhere, and the spine of an ear of grain, and its husk. Rabbi Elazar says: also the earth covering of roots; All these things contract and convey impurity and are included.

The following neither defile nor can they be defiled and they do not join together: The roots of cabbage-stalks, Young shoots of beet growing out of the root, and [similar] such turnip-heads, [And produce whose roots] that are ordinarily cut off but in this case were pulled up [with their roots]. Rabbi Yose declares them all susceptible to contract uncleanness, but he declares insusceptible cabbage-stalks and turnip-heads.

MISHNAH: Rebbi Aqiba says: Any real estate is subject to peah and first fruits, to write a prozbol based on it, and to acquire simultaneously non-guaranteed property with money or contract or possession. If someone signs over his properties when bedridden and reserved for himself any real estate, his gift is permanent; if he did not reserve any real estate for himself, his gift is not permanent. If he signs over his properties to his sons and signs over some real estate for his wife, she lost her ketubah. Rebbi Yose says, if she accepted it, even if it was not in a written document, she lost her ketubah.

“An Israel who received a field (as sharecropper) from a Cohen, if he said to him, on condition that the tithes be mine, or yours, or mine and yours; this is permitted. A Cohen who received a field (as sharecropper) from a Cohen, if he said to him, on condition that the tithes be mine, that is permitted. That they be yours, that is forbidden. That they be mine and yours, that is forbidden. If he received it under the standard sharecropping contract, it is permitted, otherwise it is forbidden.” Even without that, do not the tithes belong to them? But so it must read: “My part is mine, your part is mine and yours, if he received it under the standard sharecropping contract, it is permitted, otherwise it is forbidden.”

“An Israel who received a field (as sharecropper) from a Cohen, if he said to him, on condition that the tithes be mine, or yours, or mine and yours; this is permitted. A Cohen who received a field (as sharecropper) from a Cohen, if he said to him, on condition that the tithes be mine, that is permitted. That they be yours, that is forbidden. That they be mine and yours, that is forbidden. If he received it under the standard sharecropping contract, it is permitted, otherwise it is forbidden.” Even without that, do not the tithes belong to them? But so it must read: “My part is mine, your part is mine and yours, if he received it under the standard sharecropping contract, it is permitted, otherwise it is forbidden.”

“If an Israel received (as sharecropper) a field from another Israel on condition that the tithes go to a certain person, that clause is forbidden; on condition that I shall take them and deliver them to a certain person, that clause is permitted.” Is the second version not identical with the first? Rebbi Aḥa said, “if you agree” makes the difference. Rebbi Yose said, you say it is permitted if it follows the standard sharecropper’s contract. You say it is forbidden if it does not follow the standard sharecropper’s contract. It turns out that Rebbi Yose holds with Rebbi Joḥanan and Rebbi Aḥa with Rebbi Yose ben Rebbi Ḥanina. As Rebbi Yose ben Rebbi Ḥanina said, a person gives his tithes for the benefit of goodwill. Rebbi Joḥanan said, a person may not give his tithes for the benefit of goodwill. What is the reason of Rebbi Yose ben Rebbi Ḥanina? (Num. 5:10) “Everybody shall be the owner of his holy things.” What does Rebbi Joḥanan with this? He may give them to whomever he likes.

“If an Israel received (as sharecropper) a field from another Israel on condition that the tithes go to a certain person, that clause is forbidden; on condition that I shall take them and deliver them to a certain person, that clause is permitted.” Is the second version not identical with the first? Rebbi Aḥa said, “if you agree” makes the difference. Rebbi Yose said, you say it is permitted if it follows the standard sharecropper’s contract. You say it is forbidden if it does not follow the standard sharecropper’s contract. It turns out that Rebbi Yose holds with Rebbi Joḥanan and Rebbi Aḥa with Rebbi Yose ben Rebbi Ḥanina. As Rebbi Yose ben Rebbi Ḥanina said, a person gives his tithes for the benefit of goodwill. Rebbi Joḥanan said, a person may not give his tithes for the benefit of goodwill. What is the reason of Rebbi Yose ben Rebbi Ḥanina? (Num. 5:10) “Everybody shall be the owner of his holy things.” What does Rebbi Joḥanan with this? He may give them to whomever he likes.

Rebbi Eleazar said, they accepted the tithes voluntarily. What is the reason? (Neh. 10:1) “In view of all this, we execute a contract and write, signed by our princes, Levites, and priests.” How does Rebbi Eleazar uphold (10:37): “The first-born of our cattle and flock”? Since they accepted upon themselves matters they were not obligated for, even matters they were obligated for are credited to them as if they were accepted voluntarily.

“ ‘ Go and collect for yourself 20 figs from my tree’, he eats one after the other and is free. ‘Go and fill a basket.’ ” Rebbi says, I say that he has to show him the basket. What is the measure of a basket? Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: A standard basket is four qab, a large one a seah, a small one three qab. Rebbi Jonah asked: Has this been said for tithes or for contract law? If you say for tithes, then certainly also for contracts. If for contracts, then not for tithes. It was obvious to Rebbi Yose that this was said for tithes, and certainly also for contracts.

It was stated: Gentile workmen who were working for an Israel, in the Israel’s house it is forbidden, in their houses it is permitted. Rebbi Simeon ben Eleazar said, when has this been said? For contract work. But for one hired by the day it is forbidden. When has this been said, when it was cut from the ground, but as long as it is standing on the ground it is forbidden. In another town, in any case it is permitted. What means “in any case”? Whether cut from the ground or standing on the ground; whether a hireling or contract work. Rebbi Illa said, whether separated from the ground or connected to the ground, but only for contract work. Rebbi Simeon ben Barqana in the name of Rebbi Aḥa: Concerning Sabbath, mourning, and idolatry, practice follows Rebbi Simeon ben Eleazar.

It was stated: Gentile workmen who were working for an Israel, in the Israel’s house it is forbidden, in their houses it is permitted. Rebbi Simeon ben Eleazar said, when has this been said? For contract work. But for one hired by the day it is forbidden. When has this been said, when it was cut from the ground, but as long as it is standing on the ground it is forbidden. In another town, in any case it is permitted. What means “in any case”? Whether cut from the ground or standing on the ground; whether a hireling or contract work. Rebbi Illa said, whether separated from the ground or connected to the ground, but only for contract work. Rebbi Simeon ben Barqana in the name of Rebbi Aḥa: Concerning Sabbath, mourning, and idolatry, practice follows Rebbi Simeon ben Eleazar.

It was stated: Gentile workmen who were working for an Israel, in the Israel’s house it is forbidden, in their houses it is permitted. Rebbi Simeon ben Eleazar said, when has this been said? For contract work. But for one hired by the day it is forbidden. When has this been said, when it was cut from the ground, but as long as it is standing on the ground it is forbidden. In another town, in any case it is permitted. What means “in any case”? Whether cut from the ground or standing on the ground; whether a hireling or contract work. Rebbi Illa said, whether separated from the ground or connected to the ground, but only for contract work. Rebbi Simeon ben Barqana in the name of Rebbi Aḥa: Concerning Sabbath, mourning, and idolatry, practice follows Rebbi Simeon ben Eleazar.

Rebbi Jehudah ben Shalom, Rebbi Jehudah bar Pazy in the name of Rebbi Joḥanan. They formulated the symphon according to Rebbi Meïr in Qiddušin. Rebbi Jeremiah: Rebbi Ḥananiah, the colleague of the rabbis, asked: Why does it have to follow Rebbi Meïr but not also the rabbis? Did not Rebbi Abbahu say in the name of Rebbi Joḥanan: The following is the contract text: “I, X son of Y, contract a preliminary marriage with you, Z, daughter of U, on condition that I shall give you property A and definitively marry you by day B. If that day should pass without me having taken you in, I shall have no claim on you.” Why can he not say “on condition” but not double his stipulation? If he did not double his stipulation, could this eliminate the preliminary marriage? Rebbi Yose ben Rebbi Abun said, everywhere Rebbi Meïr holds that from “no” you infer “yes”, except here? Rebbi Mattaniah said, one is more restrictive in matters of incest and adultery.

Rebbi Jehudah ben Shalom, Rebbi Jehudah bar Pazy in the name of Rebbi Joḥanan. They formulated the symphon according to Rebbi Meïr in Qiddušin. Rebbi Jeremiah: Rebbi Ḥananiah, the colleague of the rabbis, asked: Why does it have to follow Rebbi Meïr but not also the rabbis? Did not Rebbi Abbahu say in the name of Rebbi Joḥanan: The following is the contract text: “I, X son of Y, contract a preliminary marriage with you, Z, daughter of U, on condition that I shall give you property A and definitively marry you by day B. If that day should pass without me having taken you in, I shall have no claim on you.” Why can he not say “on condition” but not double his stipulation? If he did not double his stipulation, could this eliminate the preliminary marriage? Rebbi Yose ben Rebbi Abun said, everywhere Rebbi Meïr holds that from “no” you infer “yes”, except here? Rebbi Mattaniah said, one is more restrictive in matters of incest and adultery.

“Rebbi Jehudah permits damaged ones.” Rebbi Jehudah said this only for a damaged one which cannot be healed. They told him, may they not bring a male to her, she is fertilized and gives birth? He said to them, I also said this only about a male damaged one which cannot be healed. They told him, may they not bring a female to him, he fertilizes her and she gives birth? Rav Abun in the name of the rabbis there: This implies that one is forbidden to provide them with semen. There, we have stated: “If somebody buys a Non-Jew’s donkey fetus or who sells one to him even though he is not authorized, or one who enters into partnership, or accepts from him as contractor, or lets it in contract, is not liable for firstling.” Rebbi Haggai asked before Rebbi Yose, does this not imply that one is forbidden to provide them with (slaves) [fetuses]? He said to them, Rebbi Abun in the name of the rabbis there already preceded you, since Rebbi Abun said in the name of the rabbis there, this implies that one is forbidden to provide them with semen.

MISHNAH: One is liable on the holiday for everything classified as Sabbath rest, classified as obligatory, classified as meritorious. These are classified as Sabbath rest: One does not climb on a tree, nor ride on an animal, nor sail on water, nor clap the hands in anger, nor clap the hands in joy, nor dance. These are classified as obligatory, one does not judge, nor contract preliminary marriage, nor give ḥaliṣah, nor enter levirate marriage. These are classified as meritorious, one does not dedicate, nor dedicate one’s worth, nor dedicate as herem, nor collect heaves and tithes. All these were said regarding a holiday, so much more regarding the Sabbath. The only difference between holiday and Sabbath is preparation of food.

HALAKHAH: Sabbath rest which is voluntary, and obligation which is meritorious. What is Sabbath rest which is voluntary? One does not climb on a tree, nor rides on an animal, nor sail on water, [nor clap his hands in anger, nor clap his hands in joy, nor dance.] What is obligation which is meritorious? One does not judge, nor contract preliminary marriage, nor give ḥaliṣah, nor enter levirate marriage.

If he has nothing to eat, he cannot work on the first and second days. On the third day he works in privacy; but they said, a curse should come over his neighbors who forced him to this. Bar Qappara said, also on the third day he should not work anything. Bar Qappara follows his own opinion, since bar Qappara said the force of mourning is only up to three days. Rebbi Abba the son of Rebbi Pappai, Rebbi Joshua from Sikhnin in the name of Rebbi Levi: For three days the soul hovers over the body, thinking that she will return to it. When she sees that the looks of his face change, she abandons it and leaves. After three days the belly breaks open in front of his face and says to it, here [you have] what you robbed, and you wronged, and put into me. Rebbi Ḥaggai in the name of Rebbi Joshia brought it from here: I shall scatter excrement on your faces, even excrement of your holidays. At that moment, but his body will hurt him and his soul mourn for him. His sharecroppers, and his tenants, and his contractors do work; his agricultural workers, and his mariners, and his camel drivers do not work. Rebbi Joshua ben Levi said, if he had a cow associated in town, she works. Rebbi Yose said to him, this you are saying about one under contract; therefore not to start.

It was stated: If she brought them when they were small, she takes them when they are lads. If she brought him two vessels. If one of them was worth the value of her marriage contract, she takes it for her marriage contract. If one and a half was the value of her marriage contract, [disagreement of] Rav Huna and Rav Naḥman bar Jacob. One of them said, he pays for the second vessel and takes it; the other one says, she pays for the second vessel and takes it. Rebbi Abba bar Cahana said before Rebbi Immi, Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: Even if one was worth one and a half times the value of her marriage contract, she pays for the second vessel and takes it, because it is unthinkable that others should use her vessels. Rebbi Jacob bar Aḥa in the name of Rebbi Ze‘ira: A baraita says so: If she brought them for their monetary value, she takes them for their monetary value.

It was stated: If she brought them when they were small, she takes them when they are lads. If she brought him two vessels. If one of them was worth the value of her marriage contract, she takes it for her marriage contract. If one and a half was the value of her marriage contract, [disagreement of] Rav Huna and Rav Naḥman bar Jacob. One of them said, he pays for the second vessel and takes it; the other one says, she pays for the second vessel and takes it. Rebbi Abba bar Cahana said before Rebbi Immi, Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: Even if one was worth one and a half times the value of her marriage contract, she pays for the second vessel and takes it, because it is unthinkable that others should use her vessels. Rebbi Jacob bar Aḥa in the name of Rebbi Ze‘ira: A baraita says so: If she brought them for their monetary value, she takes them for their monetary value.

It was stated: If she brought them when they were small, she takes them when they are lads. If she brought him two vessels. If one of them was worth the value of her marriage contract, she takes it for her marriage contract. If one and a half was the value of her marriage contract, [disagreement of] Rav Huna and Rav Naḥman bar Jacob. One of them said, he pays for the second vessel and takes it; the other one says, she pays for the second vessel and takes it. Rebbi Abba bar Cahana said before Rebbi Immi, Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: Even if one was worth one and a half times the value of her marriage contract, she pays for the second vessel and takes it, because it is unthinkable that others should use her vessels. Rebbi Jacob bar Aḥa in the name of Rebbi Ze‘ira: A baraita says so: If she brought them for their monetary value, she takes them for their monetary value.

It was stated: If she brought them when they were small, she takes them when they are lads. If she brought him two vessels. If one of them was worth the value of her marriage contract, she takes it for her marriage contract. If one and a half was the value of her marriage contract, [disagreement of] Rav Huna and Rav Naḥman bar Jacob. One of them said, he pays for the second vessel and takes it; the other one says, she pays for the second vessel and takes it. Rebbi Abba bar Cahana said before Rebbi Immi, Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: Even if one was worth one and a half times the value of her marriage contract, she pays for the second vessel and takes it, because it is unthinkable that others should use her vessels. Rebbi Jacob bar Aḥa in the name of Rebbi Ze‘ira: A baraita says so: If she brought them for their monetary value, she takes them for their monetary value.

Rebbi Meїr insists on interpreting the contract text. As Rebbi Meїr said, if somebody accepts a field as a contractor, one estimates how much it is expected to yield and give to [the owner]. Because the standard contract reads: “If I let it lie fallow and do not work on it, I shall pay as if from the best.”

Rebbi Meїr insists on interpreting the contract text. As Rebbi Meїr said, if somebody accepts a field as a contractor, one estimates how much it is expected to yield and give to [the owner]. Because the standard contract reads: “If I let it lie fallow and do not work on it, I shall pay as if from the best.”

Rebbi Jehudah insists on interpreting the contract text. It was stated in the name of Rebbi Jehudah: A person brings for his wife any sacrifice she is obligated for, even if she ate suet or desecrated the Sabbath. Also, Rebbi Jehudah says, once he divorces her, he is no longer obligated for her, for she writes to him “any other obligations that come to you from earlier times.”

Rebbi Yose insists on interpreting the contract text. Rebbi Yose explained: In a place where one treats the ketubah as a loan, she collects the entire amount. Where one doubles, she collects only half the amount. Rebbi Eleazar [the caper grower] said, nobody is permitted to buy domesticated or wild animals or birds unless he has food prepared for them. Rebbi Joshua ben Qorḥa insists on interpreting the contract text, since Rebbi Joshua ben Qorḥa said, a person lending money to another person should not take pledges from him for more than the value of the loan since he writes for him: “It will be paid by the property that came to my hand that I shall acquire corresponding to this [sum].”

Rebbi Yose insists on interpreting the contract text. Rebbi Yose explained: In a place where one treats the ketubah as a loan, she collects the entire amount. Where one doubles, she collects only half the amount. Rebbi Eleazar [the caper grower] said, nobody is permitted to buy domesticated or wild animals or birds unless he has food prepared for them. Rebbi Joshua ben Qorḥa insists on interpreting the contract text, since Rebbi Joshua ben Qorḥa said, a person lending money to another person should not take pledges from him for more than the value of the loan since he writes for him: “It will be paid by the property that came to my hand that I shall acquire corresponding to this [sum].”

Rav Huna insists on interpreting the contract text. Rav Huna explained: “The sons shall inherit but the daughters must be fed.” Since the sons inherit movables, the daughters also are fed from movables. Samuel said, the daughters are not fed from movables. A Mishnah supports Samuel: “The female children you shall have from me shall dwell in my house and be supported from my property.” It was stated on this: From real estate but not from movables. Rebbi Abba bar Zavda said: Rav Huna follows Rebbi and Samuel follows Rebbi Simeon ben Eleazar, as it was stated: “One uses both guaranteed property and non-guaranteed property for the support of the wife and the daughters, the words of Rebbi. Rebbi Simeon ben Eleazar says, guaranteed property may be taken by sons from sons, by daughters from daughters, by sons from daughters, and by daughters from sons. But non-guaranteed property may be taken by sons from daughters but not by daughters from sons.” They said, Rav Huna reversed himself. They said, that was well done, ketubah is a biblical commandment but support of the daughters is from their words. May their words uproot a biblical commandment? It must be that they differ about the money contained in their mother’s ketubah. But is the money contained in their mother’s ketubah not also real estate?

It is written: “They came to the vineyards in direction of Timna.” Rav Samuel ben Rav Isaac said, this teaches you that his father and mother were showing him the vineyards in direction of Timna sown in several kinds and saying to him: My son, just as their vineyards are sown with several kinds so their daughters are sown with several kinds. “And his father and mother did not know that this was from the Eternal, that he was looking for a pretext from the Philistines.” Rebbi Eleazar said, In seven places it is written: “Do not contract marriage with them.” Rebbi Abun said, to prohibit seven peoples. And here, it says so? Rebbi Isaac said, “if he scoffs about the scoffers.”

If the wine is freshly pressed, if the wine is sour? As it was stated: Sour wine may be used to make an eruv and participating, one makes a benediction for it, and one may use it for the preliminary marriage of a bride, for consoling the mourner, and it may be sold in a store as wine. If somebody made an unqualified contract for wine, he did not sell sour wine. One is prohibited from delivering a decision, or to dissolve a vow, or to enter the Temple. Only it is forbidden on the altar. And about the rebellious son it is problematic.

MISHNAH: The father has the benefit to give his daughter in preliminary marriage by money, contract, or intercourse; he has the right to what she finds and to her earnings, to dissolve her vows, and to receive her bill of divorce, but cannot eat usufruct in her lifetime. If she is definitively married, the husband in addition eats usufruct in her lifetime but is required to pay for her upkeep, her ransom, and her burial. Rebbi Jehudah says, even the poorest in Israel should not provide for her less than two flutes and one wailing woman.

HALAKHAH: “The father has the benefit to give his daughter,” etc. One understands that the father has a benefit from money or contract. By intercourse? Explain it that [the groom] said to [the father]: When your daughter becomes mine by intercourse, this money shall be your property.

Rebbi Meïr insists on interpreting the contract text. Rebbi Meïr explained, if somebody accepts a field as a contractor, at the moment [he] accepts, one estimates how much it is expected to yield and he gives to [the owner]. Because the standard contract reads: “If I let it lie fallow and do not work on it, I shall pay as if from the best.”

Rebbi Meïr insists on interpreting the contract text. Rebbi Meïr explained, if somebody accepts a field as a contractor, at the moment [he] accepts, one estimates how much it is expected to yield and he gives to [the owner]. Because the standard contract reads: “If I let it lie fallow and do not work on it, I shall pay as if from the best.”