cow

There, we have stated: If anything is given instead of money, if one entered in possession, the other is obligated for its exchange. Rebbi Joḥanan said, they stated this only about an ox for a cow, or a donkey for an ox; but heap against heap one did not acquire. Rav Jeremiah in the name of Rav: Even heaps among heaps he did acquire. Rebbi Abba bar Mina in the name of Rav: One who exchanged אברוקלון against אמברוקלון did acquire.

Rebbi Ze‘ira, Rav Jehudah in the name of Samuel: One had a cow and one a donkey. They exchanged one for the other. The donkey’s owner took the cow. When the cow’s owner came to take the donkey and found that it had a fracture, the donkey’s owner had to bring proof that his donkey was well at the moment he took the cow. Anybody who does not agree to this does not know anything about civil law. Rebbi Ze‘ira said, I do not agree, I do not know anything about civil law. There, we have stated: “If she had bodily defects, as long as she was in her father’s house,” etc. Rebbi Ḥuna, Rebbi Phineas, and Rebbi Ḥizqiah went to visit Rebbi Yose to sharpen wits. They quoted the statement and he told them, look at the next statement: “Once she entered the husband’s domain, the husband has to prove.” Would not the father have to prove? But you are saying that the husband has to prove; here also, the owner has to prove.

Rebbi Ze‘ira, Rav Jehudah in the name of Samuel: One had a cow and one a donkey. They exchanged one for the other. The donkey’s owner took the cow. When the cow’s owner came to take the donkey and found that it had a fracture, the donkey’s owner had to bring proof that his donkey was well at the moment he took the cow. Anybody who does not agree to this does not know anything about civil law. Rebbi Ze‘ira said, I do not agree, I do not know anything about civil law. There, we have stated: “If she had bodily defects, as long as she was in her father’s house,” etc. Rebbi Ḥuna, Rebbi Phineas, and Rebbi Ḥizqiah went to visit Rebbi Yose to sharpen wits. They quoted the statement and he told them, look at the next statement: “Once she entered the husband’s domain, the husband has to prove.” Would not the father have to prove? But you are saying that the husband has to prove; here also, the owner has to prove.

Rebbi Ze‘ira, Rav Jehudah in the name of Samuel: One had a cow and one a donkey. They exchanged one for the other. The donkey’s owner took the cow. When the cow’s owner came to take the donkey and found that it had a fracture, the donkey’s owner had to bring proof that his donkey was well at the moment he took the cow. Anybody who does not agree to this does not know anything about civil law. Rebbi Ze‘ira said, I do not agree, I do not know anything about civil law. There, we have stated: “If she had bodily defects, as long as she was in her father’s house,” etc. Rebbi Ḥuna, Rebbi Phineas, and Rebbi Ḥizqiah went to visit Rebbi Yose to sharpen wits. They quoted the statement and he told them, look at the next statement: “Once she entered the husband’s domain, the husband has to prove.” Would not the father have to prove? But you are saying that the husband has to prove; here also, the owner has to prove.

Rebbi Ze‘ira, Rav Jehudah in the name of Samuel: One had a cow and one a donkey. They exchanged one for the other. The donkey’s owner took the cow. When the cow’s owner came to take the donkey and found that it had a fracture, the donkey’s owner had to bring proof that his donkey was well at the moment he took the cow. Anybody who does not agree to this does not know anything about civil law. Rebbi Ze‘ira said, I do not agree, I do not know anything about civil law. There, we have stated: “If she had bodily defects, as long as she was in her father’s house,” etc. Rebbi Ḥuna, Rebbi Phineas, and Rebbi Ḥizqiah went to visit Rebbi Yose to sharpen wits. They quoted the statement and he told them, look at the next statement: “Once she entered the husband’s domain, the husband has to prove.” Would not the father have to prove? But you are saying that the husband has to prove; here also, the owner has to prove.

(Rebbi Abba, Rav Jehudah in the name of Samuel: One had a cow and one a donkey. They exchanged them.) The donkey’s owner took the cow; he did not acquire it. Would the donkey be acquired? Rebbi Abba said, he acquired. Rebby Yasa said, he did not acquire. Rebbi Mana said, there is a situation in which Rebbi Yose would agree: A man said to another, I want to sell my cow. He asked him, for how much? He answered, for eight denars. He went and gave him a draft on his banker. In the morning he went and found him open for business. He asked him, what are you doing here? He answered, I want to collect the denars in the draft I have on you. He asked him, what do you want to buy with them? He answered, a donkey. He told him, your donkey is with me. If either of them took possession, the other did not acquire but each animal separately has to be taken in possession.

(Rebbi Abba, Rav Jehudah in the name of Samuel: One had a cow and one a donkey. They exchanged them.) The donkey’s owner took the cow; he did not acquire it. Would the donkey be acquired? Rebbi Abba said, he acquired. Rebby Yasa said, he did not acquire. Rebbi Mana said, there is a situation in which Rebbi Yose would agree: A man said to another, I want to sell my cow. He asked him, for how much? He answered, for eight denars. He went and gave him a draft on his banker. In the morning he went and found him open for business. He asked him, what are you doing here? He answered, I want to collect the denars in the draft I have on you. He asked him, what do you want to buy with them? He answered, a donkey. He told him, your donkey is with me. If either of them took possession, the other did not acquire but each animal separately has to be taken in possession.

(Rebbi Abba, Rav Jehudah in the name of Samuel: One had a cow and one a donkey. They exchanged them.) The donkey’s owner took the cow; he did not acquire it. Would the donkey be acquired? Rebbi Abba said, he acquired. Rebby Yasa said, he did not acquire. Rebbi Mana said, there is a situation in which Rebbi Yose would agree: A man said to another, I want to sell my cow. He asked him, for how much? He answered, for eight denars. He went and gave him a draft on his banker. In the morning he went and found him open for business. He asked him, what are you doing here? He answered, I want to collect the denars in the draft I have on you. He asked him, what do you want to buy with them? He answered, a donkey. He told him, your donkey is with me. If either of them took possession, the other did not acquire but each animal separately has to be taken in possession.

Rebbi Ḥanina said, practice follows Rebbi Simeon, but we do not say this in all cases. Rav Jeremiah in the name of Rav: A case came before Rebbi and he instructed following Rebbi Simeon. Rebbi Ḥiyya bar Joseph gave a denar for salt. That one reneged. He said, does he not know that already a sickle is put on the thigh of that man, “He Who exacted retribution from the people of the Flood will in the future collect from him who does not keep his word”? A person paid for raw silk. He reneged. The case came before Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan. Rebbi Ḥiyya bar Joseph said, either he delivers for the amount of the pledge or one may turn him over to “Him Who exacted retribution.”. Rebbi Joḥanan said, either he delivers the entire contract or one may turn him over to “Him Who exacted retribution.” Rebbi La said, it was a case of a pledge; Rebbi Ze‘ira said, he had given him partial payment. Rebbi Ḥiyya bar Joseph agrees with Rebbi Joḥanan in a sale which is not usually split, such as of a cow or a stole.

MISHNAH: One hands a cow or a donkey over for care as well as anything which works and eats. At a place where one usually divides the young immediately, one divides; at a place where one usually raises them, they should be raised. Rabban Simeon ben Gamliel says, one hands over a calf with its mother, a foal with its mother, and one invests in improving a field and does not worry about interest.

HALAKHAH: “One hands a cow or a donkey over for care,” etc. It was stated: “A person may receive from another an animal on condition to deliver to him one lamb and one shearing per year, a chicken for ten eggs a month. The woman receiving a chicken has to care for the chicks as long as those depend on their mother. One cares for small animals 30 days and for large animals 50 days. Rebbi Yose says, for (large) [small] animals three months because they need special care. After that, he gives the owner his part equally, everything according to local practice.” What means “he gives the owner his part equally”? A person gave to another 100 denars; they produced 20 denars. Each takes half of it; the half of the owner remains with him as capital. Do people do that? But they trade, and at the end they divide it up. “A person receiving an animal for care is responsible for it, for an unclean animal twelve months, for a human 24 months. At a place where work is compensated separately, one pays; for offspring of animals, one pays, everything following local custom.”

MISHNAH: Somebody who rented a donkey to lead it on the mountain but led it in the valley, in the valley but led it on the mountain, even if both ways were ten mil, if it died he has to pay. If he rented a donkey and it developed eye trouble or it was taken to government service, he tells him, here is your property before you. If it died or broke a limb, he has to provide him with another donkey. Somebody rented a donkey to lead it on the mountain but led it in the valley; if it slipped, he is not liable; if it suffered a heat stroke, he is liable. In the valley, but he led it on the mountain; if it slipped, he is liable; if it suffered a heat stroke, he is not liable but if it happened because of the ascent, he is liable. Somebody rented a cow to plough on the mountain but ploughed in the valley, if the plough’s peg broke, he is not liable. In the valley but he ploughed on the mountain, if the plough’s peg broke, he is liable. To thresh legumes but he threshed grain, he is not liable; to thresh grain but he threshed legumes, he is liable, for legumes make [the floor] slippery.

MISHNAH: If somebody borrowed a cow and asked its owner [to work with him], or borrowed a cow and paid its owner [to work with him], or asked or paid its owner [to work with him] and then borrowed the cow: if it died he is not liable since it was said: “if its owner was with it he does not pay.” But if he borrowed the cow and afterwards asked or paid its owner [to work with him] and it died he is liable since it was said: “if its owner was not with it, certainly he shall pay.”

MISHNAH: If somebody borrowed a cow and asked its owner [to work with him], or borrowed a cow and paid its owner [to work with him], or asked or paid its owner [to work with him] and then borrowed the cow: if it died he is not liable since it was said: “if its owner was with it he does not pay.” But if he borrowed the cow and afterwards asked or paid its owner [to work with him] and it died he is liable since it was said: “if its owner was not with it, certainly he shall pay.”

MISHNAH: If somebody borrowed a cow and asked its owner [to work with him], or borrowed a cow and paid its owner [to work with him], or asked or paid its owner [to work with him] and then borrowed the cow: if it died he is not liable since it was said: “if its owner was with it he does not pay.” But if he borrowed the cow and afterwards asked or paid its owner [to work with him] and it died he is liable since it was said: “if its owner was not with it, certainly he shall pay.”

MISHNAH: If somebody borrowed a cow and asked its owner [to work with him], or borrowed a cow and paid its owner [to work with him], or asked or paid its owner [to work with him] and then borrowed the cow: if it died he is not liable since it was said: “if its owner was with it he does not pay.” But if he borrowed the cow and afterwards asked or paid its owner [to work with him] and it died he is liable since it was said: “if its owner was not with it, certainly he shall pay.”

HALAKHAH: “If somebody borrowed a cow,” etc. Rebbi Ila said, from the meaning of what is said, “certainly he shall pay”; would we not have known that if its owner was with it he does not pay? Why does the verse say, “if its owner was not with it, certainly he shall pay”? But since he borrowed the cow and did not ask its owner at the same time, even if the latter was ploughing with it when it died, he is liable.

HALAKHAH: “If somebody borrowed a cow,” etc. Rebbi Ila said, from the meaning of what is said, “certainly he shall pay”; would we not have known that if its owner was with it he does not pay? Why does the verse say, “if its owner was not with it, certainly he shall pay”? But since he borrowed the cow and did not ask its owner at the same time, even if the latter was ploughing with it when it died, he is liable.

“But if he borrowed the cow and afterwards asked or paid its owner [to work with him] and it died he is liable.” Rebbi La said, from the meaning of what is said, “if its owner was not with it, certainly he shall pay,” would I not have known that if its owner was not with it, certainly he shall pay? Why does the verse say, “if its owner was with it he does not pay”? But since he borrowed the cow and did ask its owner at the same time, even if the latter was ploughing at another place when it died, he is not liable.

“But if he borrowed the cow and afterwards asked or paid its owner [to work with him] and it died he is liable.” Rebbi La said, from the meaning of what is said, “if its owner was not with it, certainly he shall pay,” would I not have known that if its owner was not with it, certainly he shall pay? Why does the verse say, “if its owner was with it he does not pay”? But since he borrowed the cow and did ask its owner at the same time, even if the latter was ploughing at another place when it died, he is not liable.

MISHNAH: Somebody borrowed a cow; he borrowed it for half a day and leased it for half a day, or borrowed it for one day and leased it for the next, or borrowed for one and leased for one. The lessee says, the borrowed one died, or it died on the day it was borrowed, or it died during the time it was borrowed, and the other one says “I do not know”, he is liable. The lessor says, the leased one died, or it died on the day it was leased, or it died during the time it was leased, and the other one says “I do not know”, he is not liable. One says the borrowed and the other one says the leased; let the lessee swear that the leased one died. If both say “I do not know” they shall split.

HALAKHAH: “Somebody borrowed a cow,” etc. What is the status of the night in between? Some say, usually cows rest at their owners’, and this one, because it is leased to him, stays overnight and is as if loaned to him; he is liable. But some say, usually cows do not rest at their owners’, and this one is as if being leased to him; he is not liable.

MISHNAH: If somebody borrowed a cow and [the lender] sent it through his son, or his slave, or his agent, or through the borrower’s son, or slave, or agent, and it died, he is not liable. If the borrower said, send it to me through my son, or slave, or agent, or through your son, or slave, or agent, or if the lender said, I am going to send it to you through my son, or slave, or agent, or through your son, or slave, or agent, and the borrower said: send! If it died, he is liable. The same holds when he returns it.

HALAKHAH: It was stated: ‘Lend me your cow for ten days and you shall be lent to me the first five days.’ If it died, was it subject to the first days’ servitude? It died subject to the later days’ servitude. ‘Lend me your cow for ten days and you shall be lent to me the first of these.’ If it died during the later days, was it subject to the first days’ servitude? it died subject to the later days’ servitude. ‘Lend me your cow after ten days.’ The other one said, ‘take it now.’ If it died, was it subject to the first days’ servitude? It died subject to the later days’ servitude.

HALAKHAH: It was stated: ‘Lend me your cow for ten days and you shall be lent to me the first five days.’ If it died, was it subject to the first days’ servitude? It died subject to the later days’ servitude. ‘Lend me your cow for ten days and you shall be lent to me the first of these.’ If it died during the later days, was it subject to the first days’ servitude? it died subject to the later days’ servitude. ‘Lend me your cow after ten days.’ The other one said, ‘take it now.’ If it died, was it subject to the first days’ servitude? It died subject to the later days’ servitude.

HALAKHAH: It was stated: ‘Lend me your cow for ten days and you shall be lent to me the first five days.’ If it died, was it subject to the first days’ servitude? It died subject to the later days’ servitude. ‘Lend me your cow for ten days and you shall be lent to me the first of these.’ If it died during the later days, was it subject to the first days’ servitude? it died subject to the later days’ servitude. ‘Lend me your cow after ten days.’ The other one said, ‘take it now.’ If it died, was it subject to the first days’ servitude? It died subject to the later days’ servitude.

Lend me your cow and I shall respond to your request; lend me your cow and come work with me; lend me your axe and come weed with me; lend me your plate and come eat with me. If he borrowed it from the superintendent of cisterns, the steward, or the administrator and it died, it is as if the owners were with it.

Lend me your cow and I shall respond to your request; lend me your cow and come work with me; lend me your axe and come weed with me; lend me your plate and come eat with me. If he borrowed it from the superintendent of cisterns, the steward, or the administrator and it died, it is as if the owners were with it.

MISHNAH: Somebody exchanged a cow for a donkey and it gave birth, or he sold his slave girl and she gave birth. If one said, [it happened] before I sold, the other said, after I bought, they shall split. If he had two slaves, one adult and one young, or two fields, one large and one small. The buyer says, I bought the large one, and the seller says, I do not know: he acquired the large one. The seller says, I sold the small and the other party says, I do not know: he has only the small one. If one says the large one and the other says the small, let the seller swear that he sold the small one. If both say, I do not know, they shall split.

HALAKHAH: “If he said to him, lend me,” etc. “Somebody exchanged a cow,” etc. Rebbi Joḥanan said, this contradicts Symmachos who says that in all cases of doubt one splits evenly. Rebbi La said, explain it if both of them say, I am certain. Rebbi Yose explained, if both of them say, I am certain, that is what Rebbi Joḥanan refered to when he said, this contradicts Symmachos’s words.

MISHNAH: He who sells a ship sold the mast, and the sail, and the anchors, and all steering gear, but he neither sold the slaves, nor the storage bags, nor the load. If he said, “it and all that is in it,” all is sold. He who sold a truck did not sell the mules; he who sold the mules did not sell the truck. He who sold the yoke did not sell the cattle; he who sold the cattle did not sell the yoke. Rebbi Jehudah says, the price is an indicator. How is that? If he said to him, sell me your yoke and harness for 200 denars, it is obvious that yoke and harness are not worth 200 denars. But the Sages say, the price is no indicator. He who sells a donkey did not sell its gear. Nahum the Mede says, he sold the gear. Rebbi Jehudah says, sometimes it is sold, sometimes it is not sold. How is this? If a donkey was standing there with his gear on it and he said, sell me this donkey, his gear is sold; your donkey, for this one the gear is not sold. He who sells a donkey sold the foal; he who sold a cow did not sell its young. He who sold a dungheap sold the manure; he who sold a cistern sold its water. He who sold a beehive sold the bees; he who sold the dovecote sold the pigeons. He who bought the yield of a dovecote leaves the first brood to fledge, of a beehive takes three swarms and then intermittently, honeycombs leaves two honeycombs, olive trees to cut down leaves two handbreadths.

They preferred an old man to Rebbi Simeon ben Laqish for intercalation but had to remove him by the other door. He said, this is their reward. Did he not hear what Rebbi Crispus said in the name of Rebbi Joḥanan: It happened that the year was intercalated by three cow hands. One said, in Adar, early and late grain sprout together. One said, in Adar the ox will die naked and try to strip off his hide under the fig tree. One said, if in Adar the East wind blows, open your jaws and go towards it. And we see that this year nothing of these applies. They intercalated the year on their word. Rebbi Ḥelbo said, because the Court agreed with them. Rebbi Zeˋira said, but they all have to agree to the same reason. But since they all agree with one another it was that they all agreed as to the reason.

The words of the Sages are like goads; Rebbi Huna said, like a pearl. There, they call a pearl dirah. Another explanation, like goads, like a girl’s ball. Just as this ball is caught from hand to hand but in the end will come to rest in one hand, so “Moses received the Torah from Sinai and transmitted it to Joshua, Joshua to the Elders, the Elders to the Prophets, and the Prophets transmitted it to the Men of the Great Assembly.” Another explanation, like goads. It has three names, mardea`, da̅rva̅n, malmad. Mardea`, because it teaches knowledge to the cow. Da̅reva̅n, because it plants understanding in the cow. Malmad, because it teaches the cow to plough, to keep its owners alive. Rebbi Ḥama bar Ḥanina said, if a person makes a goad for his cow, certainly [he has to make one] for his bad inclinations which will remove him from this world and the World to Come.

The words of the Sages are like goads; Rebbi Huna said, like a pearl. There, they call a pearl dirah. Another explanation, like goads, like a girl’s ball. Just as this ball is caught from hand to hand but in the end will come to rest in one hand, so “Moses received the Torah from Sinai and transmitted it to Joshua, Joshua to the Elders, the Elders to the Prophets, and the Prophets transmitted it to the Men of the Great Assembly.” Another explanation, like goads. It has three names, mardea`, da̅rva̅n, malmad. Mardea`, because it teaches knowledge to the cow. Da̅reva̅n, because it plants understanding in the cow. Malmad, because it teaches the cow to plough, to keep its owners alive. Rebbi Ḥama bar Ḥanina said, if a person makes a goad for his cow, certainly [he has to make one] for his bad inclinations which will remove him from this world and the World to Come.

The words of the Sages are like goads; Rebbi Huna said, like a pearl. There, they call a pearl dirah. Another explanation, like goads, like a girl’s ball. Just as this ball is caught from hand to hand but in the end will come to rest in one hand, so “Moses received the Torah from Sinai and transmitted it to Joshua, Joshua to the Elders, the Elders to the Prophets, and the Prophets transmitted it to the Men of the Great Assembly.” Another explanation, like goads. It has three names, mardea`, da̅rva̅n, malmad. Mardea`, because it teaches knowledge to the cow. Da̅reva̅n, because it plants understanding in the cow. Malmad, because it teaches the cow to plough, to keep its owners alive. Rebbi Ḥama bar Ḥanina said, if a person makes a goad for his cow, certainly [he has to make one] for his bad inclinations which will remove him from this world and the World to Come.

The words of the Sages are like goads; Rebbi Huna said, like a pearl. There, they call a pearl dirah. Another explanation, like goads, like a girl’s ball. Just as this ball is caught from hand to hand but in the end will come to rest in one hand, so “Moses received the Torah from Sinai and transmitted it to Joshua, Joshua to the Elders, the Elders to the Prophets, and the Prophets transmitted it to the Men of the Great Assembly.” Another explanation, like goads. It has three names, mardea`, da̅rva̅n, malmad. Mardea`, because it teaches knowledge to the cow. Da̅reva̅n, because it plants understanding in the cow. Malmad, because it teaches the cow to plough, to keep its owners alive. Rebbi Ḥama bar Ḥanina said, if a person makes a goad for his cow, certainly [he has to make one] for his bad inclinations which will remove him from this world and the World to Come.

HALAKHAH: “One does not put up animals in hostelries of Gentiles,” etc. Rebbi Ze‘ira, Rebbi Abbahu in the name of Rebbi Yose ben Rebbi Ḥanina; Rebbi Abba, Rebbi Jonah: explain it following Rebbi Eliezer, since Rebbi Eliezer said “it may not be bought from Gentiles.” Rebbi Jonah asked, why do we not explain it according to everybody, following what Rebbi Eleazar said in the name of Rav: Even one who says it is permitted to sell [says] it is forbidden to leave alone. If he transgressed and left it alone by everybody’s opinion. Rebbi Jeremiah said, let us hear from the following: “A woman who was jailed by Gentiles.” Rebbi Yose said, it is different for a woman because she usually cries. Think of it if she was mute! She uses sign language. What about it? Explain it following Rebbi Eliezer, since Rebbi Eliezer said “it may not be bought from Gentiles.” They wanted to say, where do Rebbi Eliezer and the rabbis disagree? About the cow, because of “eminence was given to the cow, an adornment was made for the cow.” But since the rabbis answer to Rebbi Eliezer all sheep of Qedar will be assembled for you, this says that Rebbi Eliezer disagrees about everything. Rebbi Hoshaia asked, does one reply with an argument about the future against one about the past? Rebbi Abin asked, does one reply with an argument when evil inclinations will have disappeared against one when evil inclinations exist?

HALAKHAH: “One does not put up animals in hostelries of Gentiles,” etc. Rebbi Ze‘ira, Rebbi Abbahu in the name of Rebbi Yose ben Rebbi Ḥanina; Rebbi Abba, Rebbi Jonah: explain it following Rebbi Eliezer, since Rebbi Eliezer said “it may not be bought from Gentiles.” Rebbi Jonah asked, why do we not explain it according to everybody, following what Rebbi Eleazar said in the name of Rav: Even one who says it is permitted to sell [says] it is forbidden to leave alone. If he transgressed and left it alone by everybody’s opinion. Rebbi Jeremiah said, let us hear from the following: “A woman who was jailed by Gentiles.” Rebbi Yose said, it is different for a woman because she usually cries. Think of it if she was mute! She uses sign language. What about it? Explain it following Rebbi Eliezer, since Rebbi Eliezer said “it may not be bought from Gentiles.” They wanted to say, where do Rebbi Eliezer and the rabbis disagree? About the cow, because of “eminence was given to the cow, an adornment was made for the cow.” But since the rabbis answer to Rebbi Eliezer all sheep of Qedar will be assembled for you, this says that Rebbi Eliezer disagrees about everything. Rebbi Hoshaia asked, does one reply with an argument about the future against one about the past? Rebbi Abin asked, does one reply with an argument when evil inclinations will have disappeared against one when evil inclinations exist?

HALAKHAH: “One does not put up animals in hostelries of Gentiles,” etc. Rebbi Ze‘ira, Rebbi Abbahu in the name of Rebbi Yose ben Rebbi Ḥanina; Rebbi Abba, Rebbi Jonah: explain it following Rebbi Eliezer, since Rebbi Eliezer said “it may not be bought from Gentiles.” Rebbi Jonah asked, why do we not explain it according to everybody, following what Rebbi Eleazar said in the name of Rav: Even one who says it is permitted to sell [says] it is forbidden to leave alone. If he transgressed and left it alone by everybody’s opinion. Rebbi Jeremiah said, let us hear from the following: “A woman who was jailed by Gentiles.” Rebbi Yose said, it is different for a woman because she usually cries. Think of it if she was mute! She uses sign language. What about it? Explain it following Rebbi Eliezer, since Rebbi Eliezer said “it may not be bought from Gentiles.” They wanted to say, where do Rebbi Eliezer and the rabbis disagree? About the cow, because of “eminence was given to the cow, an adornment was made for the cow.” But since the rabbis answer to Rebbi Eliezer all sheep of Qedar will be assembled for you, this says that Rebbi Eliezer disagrees about everything. Rebbi Hoshaia asked, does one reply with an argument about the future against one about the past? Rebbi Abin asked, does one reply with an argument when evil inclinations will have disappeared against one when evil inclinations exist?

HALAKHAH: Rebbi Abba bar Mamal, Rav Amram, Rab Mattanah in the name of Rav: If somebody makes a loan to another person stipulating that he won’t press for repayment, the Sabbatical will remit it. Did we not state: “If somebody slaughters a cow and divides it up on New Year’s Day”? And Rebbi Eleazar said, this follows Rebbi Jehudah. But can he require payment on New Year’s Day? As Rebbi Abba said in the name of Rebbi Zeˋira: Since he could not ask him for payment, it is as if he could not believe him. And since he could not believe him, it is as if he could not pay him. And here, because he could have given him but did not give, the first [debt] is turned into a loan.

It happened that Rebbi Eliezer, Rebbi Joshua, and Rebbi Aqiba went to the dunes of Antiochia on the occasion of fundraising for the rabbis. There was there a certain Abba Jehudah who gave alms generously. Once he lost his property, he saw our teachers and gave up hope about them. He went home looking sickly. His wife asked him, why are you looking sickly? He told her, our teachers are here and I do not know what I could do. His wife, who was even more pious than he, told him: You have a field left; go, sell half of it, and give to them. He went and did so, came to our teachers and gave them. Our teachers prayed for him and said to him, Abba Jehudah, the Holy One, praise to Him, may fill your want. After they left, he went to plough his half of the field. When he was ploughing in his half of the field, his cow sank down and broke [its leg]. He went to lift her up when the Holy One, praise to Him, enlightened his eyes and he found a treasure. He said, my cow’s leg broke for my benefit. When our teachers returned, they inquired about him. They asked, how is Abba Jehudah doing? They answered, who can appear before Abba Jehudah? Abba Jehudah of his cattle, Abba Jehudah of his camels, Abba Jehudah of his donkeys! Abba Jehudah had returned to his former self; he came to our teachers to greet them. They asked him, how is Abba Jehudah doing? He told them, your prayer brought result and compound results. They told him, even though others had given more than you the last time, we wrote you on top of the honor list. They took him, made him sit with them, and recited for him this verse: The gifts of a man put him at ease; in front of great ones they will make him rest.

It happened that Rebbi Eliezer, Rebbi Joshua, and Rebbi Aqiba went to the dunes of Antiochia on the occasion of fundraising for the rabbis. There was there a certain Abba Jehudah who gave alms generously. Once he lost his property, he saw our teachers and gave up hope about them. He went home looking sickly. His wife asked him, why are you looking sickly? He told her, our teachers are here and I do not know what I could do. His wife, who was even more pious than he, told him: You have a field left; go, sell half of it, and give to them. He went and did so, came to our teachers and gave them. Our teachers prayed for him and said to him, Abba Jehudah, the Holy One, praise to Him, may fill your want. After they left, he went to plough his half of the field. When he was ploughing in his half of the field, his cow sank down and broke [its leg]. He went to lift her up when the Holy One, praise to Him, enlightened his eyes and he found a treasure. He said, my cow’s leg broke for my benefit. When our teachers returned, they inquired about him. They asked, how is Abba Jehudah doing? They answered, who can appear before Abba Jehudah? Abba Jehudah of his cattle, Abba Jehudah of his camels, Abba Jehudah of his donkeys! Abba Jehudah had returned to his former self; he came to our teachers to greet them. They asked him, how is Abba Jehudah doing? He told them, your prayer brought result and compound results. They told him, even though others had given more than you the last time, we wrote you on top of the honor list. They took him, made him sit with them, and recited for him this verse: The gifts of a man put him at ease; in front of great ones they will make him rest.

Rebbi Joḥanan said, this follows Rebbi Simeon, since Rebbi Simeon said, the child was dissolved before it came out. Rebbi Joḥanan said, Rebbi Simeon agrees that he causes his mother the days of birth. Then the house should be impure? Rebbi Abun bar Ḥiyya said, explain it if it came out partially dissolved. Rebbi Simeon said to the Sages: Do you not agree with me that if the basin is carried from the inner to an outer room it is pure? They said to him, because it becomes scrambled. He said to them, this one is already scrambled. What is the rule about vessels which were there at the time of delivery? Let us hear from the following which we stated there: “Rebbi Eliezer ben Jacob says, if a cow brought forth a cake of blood, that should be buried and she is freed from the rule of firstlings.” It was stated on this: It does not bring impurity by being carried. Rebbi Joḥanan said, Rebbi Simeon and Rebbi Eliezer ben Jacob said the same thing. This implies that vessels which were there at the time of delivery are pure.

R. Osha'ya said : A parable: [It may be likened] to a man who had a lean cow but of large build. He fed it on horse-beans, and it kicked him. He said to it, "What caused thee to kick me but the horse-beans on which I fed thee!"

And a city that has no elders [is subject to a dispute between] Rebbi Ami and Rebbi Assi. One says, It can bring an eglah arufah [a decapitated cow]. And one says, It can not bring an eglah arufah. According to the opinion that it can not bring an eglah arufah, we need "elders of the city" and they are lacking. According to the opinion that it can bring an eglah arufah, it is just a mitzvah [to use elders].