decides

One who wants to cut off leaves of vegetables in order to lighten his burden, he may not throw them down until he has [first] tithed them. One who takes vegetables from the market [with the intention of buying them], and then decides to put them back, he should not put them back until he has [first] tithed them, for nothing is missing [after they are tithed] except for their quantity. But if he was standing [there and deciding what to] buy and then saw another load of better quality, he may put them back [untithed], since he had not yet drawn them into his possession.

If one finds produce on the road and picks it up in order to eat it, and then decides to hide it, he may not hide it unless he has [first] tithed it. But if from the outset he picked it up only in order to guard it against being destroyed, he is exempt [from tithing it]. Any produce which one may not sell [in the condition of] demai, he may not send it [as a gift] to his friend [in the condition of] demai. Rabbi Yose permits [one to send as a gift produce] that is certainly untithed, on condition that he makes the matter known to the recipient.

If one buys a first-born animal for his son’s [wedding] feast, or for a festival, and then decides that he has no need for it, he may sell it. Trappers of wild animals, birds and fishes, who chanced upon unclean species, may sell them. Rabbi Judah says: also a man who happened to chance one upon by accident may buy or sell, provided that he does not make this into his regular profession. But the sages prohibit.

MISHNAH: He who wants to cut off greens of vegetables in order to lighten his load should not throw them away before he tithed. He who buys vegetables on the market and then decides to return them should not return them before he tithed, because nothing is missing but counting. If he stopped to buy but saw another, better, load, he may change his mind because he did not take it up.

It was stated: “With his lips but not in his mind.” I could think that I exclude him who decides in his mind, the verse says (Lev. 5:4): “To articulate”. But Samuel said, he who decides in his mind is not obliged until he pronounces with his lips. But did we not state: “(Ex. 35:5) Everyone who volunteers in his mind,” that is he who decides in his mind. You say, that is he who decides in his mind, but maybe that is he who pronounces with his lips? When he says (Deut. 23:24): “What comes out from your lips you have to keep,” that speaks about him who pronounces with his lips. Therefore, how can I confirm “every one who volunteers in his mind?” That is he who decides in his mind. What Samuel said refers to a sacrifice.

It was stated: “With his lips but not in his mind.” I could think that I exclude him who decides in his mind, the verse says (Lev. 5:4): “To articulate”. But Samuel said, he who decides in his mind is not obliged until he pronounces with his lips. But did we not state: “(Ex. 35:5) Everyone who volunteers in his mind,” that is he who decides in his mind. You say, that is he who decides in his mind, but maybe that is he who pronounces with his lips? When he says (Deut. 23:24): “What comes out from your lips you have to keep,” that speaks about him who pronounces with his lips. Therefore, how can I confirm “every one who volunteers in his mind?” That is he who decides in his mind. What Samuel said refers to a sacrifice.

It was stated: “With his lips but not in his mind.” I could think that I exclude him who decides in his mind, the verse says (Lev. 5:4): “To articulate”. But Samuel said, he who decides in his mind is not obliged until he pronounces with his lips. But did we not state: “(Ex. 35:5) Everyone who volunteers in his mind,” that is he who decides in his mind. You say, that is he who decides in his mind, but maybe that is he who pronounces with his lips? When he says (Deut. 23:24): “What comes out from your lips you have to keep,” that speaks about him who pronounces with his lips. Therefore, how can I confirm “every one who volunteers in his mind?” That is he who decides in his mind. What Samuel said refers to a sacrifice.

It was stated: “With his lips but not in his mind.” I could think that I exclude him who decides in his mind, the verse says (Lev. 5:4): “To articulate”. But Samuel said, he who decides in his mind is not obliged until he pronounces with his lips. But did we not state: “(Ex. 35:5) Everyone who volunteers in his mind,” that is he who decides in his mind. You say, that is he who decides in his mind, but maybe that is he who pronounces with his lips? When he says (Deut. 23:24): “What comes out from your lips you have to keep,” that speaks about him who pronounces with his lips. Therefore, how can I confirm “every one who volunteers in his mind?” That is he who decides in his mind. What Samuel said refers to a sacrifice.

It was stated: “With his lips but not in his mind.” I could think that I exclude him who decides in his mind, the verse says (Lev. 5:4): “To articulate”. But Samuel said, he who decides in his mind is not obliged until he pronounces with his lips. But did we not state: “(Ex. 35:5) Everyone who volunteers in his mind,” that is he who decides in his mind. You say, that is he who decides in his mind, but maybe that is he who pronounces with his lips? When he says (Deut. 23:24): “What comes out from your lips you have to keep,” that speaks about him who pronounces with his lips. Therefore, how can I confirm “every one who volunteers in his mind?” That is he who decides in his mind. What Samuel said refers to a sacrifice.

HALAKHAH: What is the difference between this and a dough of annona? Is the latter not obligated for ḥallah? There it is in the possession of the Jew until the Gentile decides to take it. But here it depends on the latter’s opinion.

Naḥman, the son of Rebbi Samuel bar Naḥmani in the name of Rebbi Samuel bar Naḥmani: The five kinds of purification sacrifices which are left to die, if the Court decides to abolish, they may abolish. Rebbi Ḥiyya bar Ada said, that means that they are not sent to die but are used for voluntary sacrifices. But as far as sacrificing on the altar is concerned, no purification sacrifice destined to die may be sacrificed.

There, we have stated: “Rebbi Meïr says, on the first of Elul is the New Year for animal tithes. Ben Azzai says, those born in Elul are to be tithed separately.” Rebbi Ḥuna said, The reason of Rebbi Meïr: Up to that point they finish to give birth from the old ones; after that they start to give birth from the new ones. Rebbi Yose ben Rebbi Abun in the name of Rav Huna: The reason of Rebbi Eleazar and Rebbi Simeon, the rams are mounting the ewes, these are the early ones, and the valleys are clothed in grain, these are the late ones, they are friends and also are tithed, both enter the corral to be tithed. Ben Azzai said, since these are saying this and those are saying that, those born in Elul should be tithed by themselves. How is this? If there were born in his flock five in Av, five in Elul, and five in Tishre, they do not combine. If there were born in his flock five in Av and five in Tishre, they combine. [This implies that Ben Azzai was colleague and student of Rebbi Aqiba] and Ben Azzai decides between his students. Rebbi Jeremiah, Rebbi Miasha in the name of Rebbi Samuel bar Rav Isaac: For so disagreed the fathers of the world. Who are the fathers of the world? Rebbi Jonah stated before Rebbi Jeremiah: Rebbi Ismael and Rebbi Aqiba. This implies that Ben Azzai was colleague and student of Rebbi Aqiba. If you are saying that he was his teacher, is there anybody who says to his teacher, [“since these are saying this and those are saying that”? Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac understood it from the following: “Ben Azzai said to him, we are sorry about their disagreement, and you come to find us disagreement where they are concurring.” This implies that Ben Azzai was colleague and student of Rebbi Aqiba. If you are saying that he was his teacher, is there anybody who says to his teacher,] “you come to find us disagreement”, etc?

Rebbi Eleazar said, παρά βασιλέως ‘ο νόμος ʼάγραφος. Usually in the world a king of flesh and blood decides a decision. If he desires it, he keeps it. If he desires it, others keep it. But the Holy One, praise to Him, is not so but if He decides a decision He keeps it first. What is the reason? They have to keep My watch, I am the Eternal, I am He Who keeps the commandments of the Torah first. Rebbi Simon said, it is written, before white hairs you have to stand, and honor the presence of an elderly person, and to fear your God, I am the Eternal. I am He Who first stood before an elderly person. Rebbi Simon said, it is written: for who is a great people which has just laws and ordinances, etc. <For who is this great people that has God close to it.> Rebbi Ḥama ben Rebbi Ḥanina and Rebbi Hoshaia. One said, is there a people like this people? Usually in the world a person who knows that he will stand in trial dresses in black, wears black headdress, and lets his beard grow, since he does not know how his trial will end. But Israel are not so, but they wear white, wear white headdress, cut their beard, eat, and drink, and are happy. They know that the Holy One, praise to Him, will perform wonders for them. But the other one said, is there a people like this people? Usually in the world if the ruler says, the trial is today, but the robber says, tomorrow is the trial, whom does one listen to, not the ruler? But the Holy One, praise to Him, is not like this. If the Court said, today is New Year’s Day, the Holy One, praise to Him, says to the angels of service, put up the dais, [summon defenders, summon accusers, for My children said that today is New Year’s Day.] If the Court took counsel to transfer it to the next day, the Holy One, praise to Him, says to the angels of service, remove the dais, remove the defenders, remove the accusers, for My children took counsel to transfer to tomorrow. What is the reason? Certainly, it is a rule for Israel, a law of the God of Jacob. If it is not a rule for Israel, so to speak it is not a law for the God of Jacob. Rebbi Crispus in the name of Rebbi Joḥanan: In the past, the festive times of the Eternal, from then and onwards which You shall declare. Rebbi Ila said, if you declare them they are My festive times, otherwise they are not My festive times. Rebbi Simon said, it is written, great things You did, You, Eternal my God, Your wonders and intentions regarding us. In the past, great things You did; from then onwards, Your wonders and intentions regarding us. Rebbi <Joshua ben> Levi said, a parable of a king who had a watch; when his son came of age, he handed it to him. Rebbi Yose ben Ḥanina said, a parable of a king who had a watch-box; when his son came of age, he handed it to him. Rebbi Aḥa said, a parable of a king who had a ring; when his son came of age, he handed it to him. Rebbi Ḥiyya bar Abba said, a parable of a carpenter who had carpenter’s tools; when his son came of age, he handed them to him. Rebbi Isaac said, a parable of a king who had treasures; when his son came of age, he handed them to him. But the rabbis say, a parable of a healer who had a box of medicines; when his son came of age, he handed it to him.

Rebbi Eleazar said, παρά βασιλέως ‘ο νόμος ʼάγραφος. Usually in the world a king of flesh and blood decides a decision. If he desires it, he keeps it. If he desires it, others keep it. But the Holy One, praise to Him, is not so but if He decides a decision He keeps it first. What is the reason? They have to keep My watch, I am the Eternal, I am He Who keeps the commandments of the Torah first. Rebbi Simon said, it is written, before white hairs you have to stand, and honor the presence of an elderly person, and to fear your God, I am the Eternal. I am He Who first stood before an elderly person. Rebbi Simon said, it is written: for who is a great people which has just laws and ordinances, etc. <For who is this great people that has God close to it.> Rebbi Ḥama ben Rebbi Ḥanina and Rebbi Hoshaia. One said, is there a people like this people? Usually in the world a person who knows that he will stand in trial dresses in black, wears black headdress, and lets his beard grow, since he does not know how his trial will end. But Israel are not so, but they wear white, wear white headdress, cut their beard, eat, and drink, and are happy. They know that the Holy One, praise to Him, will perform wonders for them. But the other one said, is there a people like this people? Usually in the world if the ruler says, the trial is today, but the robber says, tomorrow is the trial, whom does one listen to, not the ruler? But the Holy One, praise to Him, is not like this. If the Court said, today is New Year’s Day, the Holy One, praise to Him, says to the angels of service, put up the dais, [summon defenders, summon accusers, for My children said that today is New Year’s Day.] If the Court took counsel to transfer it to the next day, the Holy One, praise to Him, says to the angels of service, remove the dais, remove the defenders, remove the accusers, for My children took counsel to transfer to tomorrow. What is the reason? Certainly, it is a rule for Israel, a law of the God of Jacob. If it is not a rule for Israel, so to speak it is not a law for the God of Jacob. Rebbi Crispus in the name of Rebbi Joḥanan: In the past, the festive times of the Eternal, from then and onwards which You shall declare. Rebbi Ila said, if you declare them they are My festive times, otherwise they are not My festive times. Rebbi Simon said, it is written, great things You did, You, Eternal my God, Your wonders and intentions regarding us. In the past, great things You did; from then onwards, Your wonders and intentions regarding us. Rebbi <Joshua ben> Levi said, a parable of a king who had a watch; when his son came of age, he handed it to him. Rebbi Yose ben Ḥanina said, a parable of a king who had a watch-box; when his son came of age, he handed it to him. Rebbi Aḥa said, a parable of a king who had a ring; when his son came of age, he handed it to him. Rebbi Ḥiyya bar Abba said, a parable of a carpenter who had carpenter’s tools; when his son came of age, he handed them to him. Rebbi Isaac said, a parable of a king who had treasures; when his son came of age, he handed them to him. But the rabbis say, a parable of a healer who had a box of medicines; when his son came of age, he handed it to him.

HALAKHAH: Rebbi Joshua ben Levi said, Amaleq was a sorcerer. What did he do? He put people up on their birthday, implying that no man easily falls on his birthday. What did Moses do? He mixed planets. That is what is written, sun, moon stood in the sky, etc. And it is written, the abyss sounded, the elevated lifted his hands. Since the elevated lifted his hands, the abyss sounded. Samuel said, and the host will be given against the daily sacrifice by vice, the vice of the Torah. And truth will be thrown to the ground; anytime that Israel throws the words of the Torah to the ground, this evil government decides and succeeds. What is the reason? It threw truth to the ground, did, and succeeded. And there is no truth like Torah, as you are saying, buy truth and do not sell, wisdom, ethics, and insight. Rebbi Jehudah bar Pazi said, Israel has neglected the good, an enemy will pursue it, and there is no good but the Torah, as you are saying, for a good acquisition I gave to you, do not abandon my Torah.

HALAKHAH: Rebbi Joḥanan said, pregnant and nursing women do not fast on any fast-day for which the Court decides to interrupt. Rebbi Samuel bar Rav Isaac said, this seems reasonable if they originally decided not to interrupt, but if they directly decided to interrupt, pregnant and nursing women have to fast. It was stated thus: “Pregnant and nursing women fast regularly on the Ninth of Av [and the Day of Atonement] and on the first and the second groups of fast-days. But on the seven last ones they do not fast; nevertheless they should not spoil themselves but eat and drink for the necessities of the child.” Does this not refer to the case that they decided originally not to interrupt? Rebbi Abba bar Zavda, Rebbi Isaac bar Tevlai came in the name of Rebbi Joḥanan: Even if they directly decided to interrupt, pregnant and nursing women do not fast.

One verse says: “For swelling of the belly and shrinking of the genitals,” another verse says “her belly will swell and her genitals shrink”, and another verse says “when the Eternal will make your genitals shrink and your belly swell.” Does one verse weigh more than two verses? Rebbi Mana said, here for the act, there conditional. Rebbi Abin said, you may even say in both cases for the act, in both cases as a condition. “For swelling of the belly and shrinking of the genitals” for the adulterer. “Her belly will swell and her genitals shrink”, for the woman. Reason decides, “the genitals were first in sin and after that the belly; the genitals should be punished first and then the belly, while the remainder of the body does not escape.” Rebbi Abba the son of Rebbi Pappeus used this as conclusion of a sermon: Since for [heavenly] punishment, which is meted out sparingly, one limb is smitten and all limbs hurt, in the case of [heavenly] benefices, which are given out in abundance, [may we] not [expect] so much more!

At less than three years and one day of age, Rebbi Yose in the name of [Rav] Ḥiyya bar Ashi, Rebbi Jonah, Rav Ḥiyya bar Ashi in the name of Rav: What is this like? One makes a dimple in the flesh which straightens out by itself. Rebbi Ḥiyya stated: Like one who muddies a source which becomes clear again. Rebbi Yose said, a Mishnah says so: Younger than that, it is as if one puts a finger on an eye. Rebbi Abun said: “I am calling to Almighty God, to the God who decides with me.” If a girl is three years and one day old, if the Court decided to lengthen, her hymen repairs itself, otherwise her hymen does not repair itself.

“The seducer only if he divorces her,” etc. Rav Ḥisda said, if he does not want to keep her. But if he decides to keep her, he does not give anything. Rebbi Ismael stated: “He should weigh silver appropriate for the bride-price of virgins”, which indicates that his obligation is for him that of bride-price, and bride-price is the ketubah; as it also says “add for me much bride-price and gifts.”

It was stated: Just as the husband decides, so the father decides; only that the husband transfers rights in writing but the father only by speech, restricted to those things that can be acquired by speech. What is that? Gidul in the name of Rav: How much are you giving to your son? Such and such. And how much are you giving to your daughter? Such and such. When he preliminarily married her, the daughter acquired among the daughters. Rebbi Ḥiyya bar Joseph said, Gidul found something large and said something small! But it is as follows: How much are you giving to your son? Such and such. How much are you giving to your daughter? Such and such. When he preliminarily married her, the daughter acquired among the daughters and the son among the sons. Rebbi Ze‘ira said, is that something small? Does he not acquire a wife on top of movables with one peruṭa’s worth? But nobody can acquire two wives with one peruṭa’s worth! But cannot a person acquire real estate and several movables with one peruṭa’s worth? For a person can acquire two pieces of real estate with one peruṭa’s worth, but nobody can acquire two wives with one peruṭa’s worth.

It was stated: Just as the husband decides, so the father decides; only that the husband transfers rights in writing but the father only by speech, restricted to those things that can be acquired by speech. What is that? Gidul in the name of Rav: How much are you giving to your son? Such and such. And how much are you giving to your daughter? Such and such. When he preliminarily married her, the daughter acquired among the daughters. Rebbi Ḥiyya bar Joseph said, Gidul found something large and said something small! But it is as follows: How much are you giving to your son? Such and such. How much are you giving to your daughter? Such and such. When he preliminarily married her, the daughter acquired among the daughters and the son among the sons. Rebbi Ze‘ira said, is that something small? Does he not acquire a wife on top of movables with one peruṭa’s worth? But nobody can acquire two wives with one peruṭa’s worth! But cannot a person acquire real estate and several movables with one peruṭa’s worth? For a person can acquire two pieces of real estate with one peruṭa’s worth, but nobody can acquire two wives with one peruṭa’s worth.

You say that the father decides for his daughter; even if she is an adult? Let us hear from the following: The father decides for his daughter, but the mother does not decide for her daughter, nor the brother for his sister. Is there a difference about his sister whether she is an adolescent or an adult? So here, there is no difference whether she is an adolescent or an adult. Rebbi Abba from Carthage asked, even a third party? They said, even if she be an adult? A third party, let us hear from the following: The father decides for his daughter, but the mother does not decide for her daughter, nor the brother for his sister. So much more for the adult. Also in money matters it is so: Give your daughter to X and I shall give you so-and-so much. Buy this field and I shall give you so-and-so much.

You say that the father decides for his daughter; even if she is an adult? Let us hear from the following: The father decides for his daughter, but the mother does not decide for her daughter, nor the brother for his sister. Is there a difference about his sister whether she is an adolescent or an adult? So here, there is no difference whether she is an adolescent or an adult. Rebbi Abba from Carthage asked, even a third party? They said, even if she be an adult? A third party, let us hear from the following: The father decides for his daughter, but the mother does not decide for her daughter, nor the brother for his sister. So much more for the adult. Also in money matters it is so: Give your daughter to X and I shall give you so-and-so much. Buy this field and I shall give you so-and-so much.

You say that the father decides for his daughter; even if she is an adult? Let us hear from the following: The father decides for his daughter, but the mother does not decide for her daughter, nor the brother for his sister. Is there a difference about his sister whether she is an adolescent or an adult? So here, there is no difference whether she is an adolescent or an adult. Rebbi Abba from Carthage asked, even a third party? They said, even if she be an adult? A third party, let us hear from the following: The father decides for his daughter, but the mother does not decide for her daughter, nor the brother for his sister. So much more for the adult. Also in money matters it is so: Give your daughter to X and I shall give you so-and-so much. Buy this field and I shall give you so-and-so much.

MISHNAH: If she decided to bring him 1’000 denars, he decides as equivalent fifteen minas. Corresponding to estimates he decides one-fifth less. If it was appraised for a mina and it is worth a mina, he has only a mina. For the estimate of a mina she gives him 31 [tetradrachmas and one] denar. For 400 she gives 500, for what the groom decides, he decides one-fifth less.

MISHNAH: If she decided to bring him 1’000 denars, he decides as equivalent fifteen minas. Corresponding to estimates he decides one-fifth less. If it was appraised for a mina and it is worth a mina, he has only a mina. For the estimate of a mina she gives him 31 [tetradrachmas and one] denar. For 400 she gives 500, for what the groom decides, he decides one-fifth less.

MISHNAH: If she decided to bring him 1’000 denars, he decides as equivalent fifteen minas. Corresponding to estimates he decides one-fifth less. If it was appraised for a mina and it is worth a mina, he has only a mina. For the estimate of a mina she gives him 31 [tetradrachmas and one] denar. For 400 she gives 500, for what the groom decides, he decides one-fifth less.

MISHNAH: If she decided to bring him 1’000 denars, he decides as equivalent fifteen minas. Corresponding to estimates he decides one-fifth less. If it was appraised for a mina and it is worth a mina, he has only a mina. For the estimate of a mina she gives him 31 [tetradrachmas and one] denar. For 400 she gives 500, for what the groom decides, he decides one-fifth less.

Rebbi Hoshaia, when he received witnesses at Kallirhoë, used to say to them: You should know the importance of the testimony that comes from your mouth, how much rent money depends on your mouths. Rebbi Abuna said, if it is so, it is even a matter of criminal law. If somebody sleeps with a girl three years and one day old, he is stoned. The Court decided to lengthen, if he sleeps with her he is not stoned. Rebbi Abun said: “I am calling to Almighty God, to the God who decides with me.” If a girl is three years and one day old, if the Court decided to lengthen, her hymen repairs itself, otherwise it does not repair itself.

HALAKHAH: Some Tannaïm state: “He shall confirm it”, even partially, “he shall dissolve it”, even partially. Some Tannaïm state: “He shall confirm it”, totally, “he shall dissolve it”, totally. Some Tannaïm state: “He shall confirm it”, even partially, “he shall dissolve it”, totally. Some Tannaïm state: “He shall confirm it”, totally, “he shall dissolve it”, even partially. The Mishnah follows him who said, “he shall confirm it”, even partially, “he shall dissolve it”, totally. As we have stated: “If he confirmed for the figs he confirmed everything. If he dissolved for figs it is not dissolved unless he also dissolves for grapes.” If she said, a qônām that I shall not taste a fig nor a grape berry, that is a matter of difference between Rebbi Ismael and Rebbi Aqiba since Rebbi Ismael says, the vow decides, and Rebbi Aqiba says, the prohibition decides.

HALAKHAH: Some Tannaïm state: “He shall confirm it”, even partially, “he shall dissolve it”, even partially. Some Tannaïm state: “He shall confirm it”, totally, “he shall dissolve it”, totally. Some Tannaïm state: “He shall confirm it”, even partially, “he shall dissolve it”, totally. Some Tannaïm state: “He shall confirm it”, totally, “he shall dissolve it”, even partially. The Mishnah follows him who said, “he shall confirm it”, even partially, “he shall dissolve it”, totally. As we have stated: “If he confirmed for the figs he confirmed everything. If he dissolved for figs it is not dissolved unless he also dissolves for grapes.” If she said, a qônām that I shall not taste a fig nor a grape berry, that is a matter of difference between Rebbi Ismael and Rebbi Aqiba since Rebbi Ismael says, the vow decides, and Rebbi Aqiba says, the prohibition decides.

HALAKHAH: “The vow of a widow or a divorcee,” etc. This refers to what Rebbi Ismael says, the vow decides; Rebbi Aqiba says, prohibition decides. If vow and prohibition came together? How is that? She said, I shall be a nazir in 30 days. Her husband heard it and did not dissolve. He divorced her and remarried her within the 30 days. Is that when vow and prohibition come together?

HALAKHAH: “The vow of a widow or a divorcee,” etc. This refers to what Rebbi Ismael says, the vow decides; Rebbi Aqiba says, prohibition decides. If vow and prohibition came together? How is that? She said, I shall be a nazir in 30 days. Her husband heard it and did not dissolve. He divorced her and remarried her within the 30 days. Is that when vow and prohibition come together?

“With his lips but not in his mind.” I could think that I exclude him who decides in his mind; the verse says (Lev. 5:4): “To articulate”. But Samuel said, he who decides in his mind is not obligated until he pronounces with his lips. But did we not state: “(Ex. 35:5) Everyone who volunteers in his mind,” that is he who decides in his mind. You say, that is he who decides in his mind, but maybe that is he who pronounces with his lips? When he says (Deut. 23:24): “What comes out from your lips you have to keep,” that speaks about him who pronounces with his lips. Therefore, how can I confirm “every one who volunteers in his mind?” That is he who decides in his mind. What Samuel said refers to a sacrifice.

“With his lips but not in his mind.” I could think that I exclude him who decides in his mind; the verse says (Lev. 5:4): “To articulate”. But Samuel said, he who decides in his mind is not obligated until he pronounces with his lips. But did we not state: “(Ex. 35:5) Everyone who volunteers in his mind,” that is he who decides in his mind. You say, that is he who decides in his mind, but maybe that is he who pronounces with his lips? When he says (Deut. 23:24): “What comes out from your lips you have to keep,” that speaks about him who pronounces with his lips. Therefore, how can I confirm “every one who volunteers in his mind?” That is he who decides in his mind. What Samuel said refers to a sacrifice.

“With his lips but not in his mind.” I could think that I exclude him who decides in his mind; the verse says (Lev. 5:4): “To articulate”. But Samuel said, he who decides in his mind is not obligated until he pronounces with his lips. But did we not state: “(Ex. 35:5) Everyone who volunteers in his mind,” that is he who decides in his mind. You say, that is he who decides in his mind, but maybe that is he who pronounces with his lips? When he says (Deut. 23:24): “What comes out from your lips you have to keep,” that speaks about him who pronounces with his lips. Therefore, how can I confirm “every one who volunteers in his mind?” That is he who decides in his mind. What Samuel said refers to a sacrifice.

“With his lips but not in his mind.” I could think that I exclude him who decides in his mind; the verse says (Lev. 5:4): “To articulate”. But Samuel said, he who decides in his mind is not obligated until he pronounces with his lips. But did we not state: “(Ex. 35:5) Everyone who volunteers in his mind,” that is he who decides in his mind. You say, that is he who decides in his mind, but maybe that is he who pronounces with his lips? When he says (Deut. 23:24): “What comes out from your lips you have to keep,” that speaks about him who pronounces with his lips. Therefore, how can I confirm “every one who volunteers in his mind?” That is he who decides in his mind. What Samuel said refers to a sacrifice.

“With his lips but not in his mind.” I could think that I exclude him who decides in his mind; the verse says (Lev. 5:4): “To articulate”. But Samuel said, he who decides in his mind is not obligated until he pronounces with his lips. But did we not state: “(Ex. 35:5) Everyone who volunteers in his mind,” that is he who decides in his mind. You say, that is he who decides in his mind, but maybe that is he who pronounces with his lips? When he says (Deut. 23:24): “What comes out from your lips you have to keep,” that speaks about him who pronounces with his lips. Therefore, how can I confirm “every one who volunteers in his mind?” That is he who decides in his mind. What Samuel said refers to a sacrifice.

It was stated: “It was stolen from the man’s house”, but not from the woman’s house? Is not “his neighbor” only written in respect of the borrower? But one has to say that “he who steals from a thief does not pay [double restitution, nor does the one who slaughters or sells after a thief pay] quadruple or quintuple restitution. If something was stolen which then was stolen from him; [when in the end the stolen object was found, to whom does he pay? To the first owner, to the second, to both of them? If something was stolen which then was stolen from him]; the owners apprehended the second thief who swore to them. If you say that one takes it away from the second, he has to bring a sacrifice for the oath. If you say that one does not take it away from the second, he does not have to bring a sacrifice for his oath. If something was stolen which then was stolen from him and the second thief decides to return it, if you say that he has to return it to the owners, they might not inform the first thief. If you say that he has to return it to the first thief, that one might not inform the owners. What does he have to do? He returns it to the owners in the presence of the thief.

Rebbi Hoshaia, when he received witnesses at Kallirhoë, used to say to them: you should know the importance of the testimony that comes from your mouths; how much rent money depends on your mouths. Rebbi Abuna said, if it is so, it is even a matter of criminal law. If somebody sleeps with a girl three years and one day old, he is stoned. The court decides to lengthen, if he sleeps with her he is not stoned. Rebbi Abun said, I am calling to Almighty God, to the God Who decides with me. If a girl is three years and one day old, if the court decides to lengthen her hymen does (not) repair itself, otherwise it does [not] repair itself.

Rebbi Hoshaia, when he received witnesses at Kallirhoë, used to say to them: you should know the importance of the testimony that comes from your mouths; how much rent money depends on your mouths. Rebbi Abuna said, if it is so, it is even a matter of criminal law. If somebody sleeps with a girl three years and one day old, he is stoned. The court decides to lengthen, if he sleeps with her he is not stoned. Rebbi Abun said, I am calling to Almighty God, to the God Who decides with me. If a girl is three years and one day old, if the court decides to lengthen her hymen does (not) repair itself, otherwise it does [not] repair itself.

Rebbi Hoshaia, when he received witnesses at Kallirhoë, used to say to them: you should know the importance of the testimony that comes from your mouths; how much rent money depends on your mouths. Rebbi Abuna said, if it is so, it is even a matter of criminal law. If somebody sleeps with a girl three years and one day old, he is stoned. The court decides to lengthen, if he sleeps with her he is not stoned. Rebbi Abun said, I am calling to Almighty God, to the God Who decides with me. If a girl is three years and one day old, if the court decides to lengthen her hymen does (not) repair itself, otherwise it does [not] repair itself.

Rebbi Berekhiah and Rebbi Ḥelbo, Rebbi Abba in the name of Rebbi Yannai: The claimant claims, the respondent responds, and the judge decides. Rebbi Simon said, the judge has to repeat their arguments, as it is said: The king said, this one says, my son is the living and yours is the dead one, etc.

R. Hiyya taught : Bread made into Kuttah is exempt from Hallah. But there is a teaching ; It is subject to Hallah ! Yes, but there it mentions the reason, viz. : R. Judah says : The way they are made decides.