designated

MISHNAH: A person who made a vow of nazir, asked the Sages and they forbade, counts from the moment of his vow. If he asked the Sages and they permitted, if he had an animal designated, it leaves and grazes with the herd. The house of Hillel said to the House of Shammai: Do you not agree that this is dedication in error, it leaves and grazes in the herd? The House of Shammai anwered, do you not agree that if somebody erred and designated the ninth as the tenth, or the tenth as ninth, or the eleventh as tenth, it is sanctified? The House of Hillel anwered, not the staff sanctified it, for if he erred and put his staff on the eighth or the twelth, did he do anything? But the verse which sanctified the tenth sanctified the ninth and the eleventh.

MISHNAH: A person who made a vow of nazir, asked the Sages and they forbade, counts from the moment of his vow. If he asked the Sages and they permitted, if he had an animal designated, it leaves and grazes with the herd. The house of Hillel said to the House of Shammai: Do you not agree that this is dedication in error, it leaves and grazes in the herd? The House of Shammai anwered, do you not agree that if somebody erred and designated the ninth as the tenth, or the tenth as ninth, or the eleventh as tenth, it is sanctified? The House of Hillel anwered, not the staff sanctified it, for if he erred and put his staff on the eighth or the twelth, did he do anything? But the verse which sanctified the tenth sanctified the ninth and the eleventh.

So far, if he thought that it was the tenth which he called “tenth”. If he knew that it was the ninth and called it “tenth”? The colleagues say, it is sanctified. Rebbi Yudan said, it is not sanctified. The Mishnah supports the colleagues: “The House of Hillel said to the House of Shammai: Do you not agree that it leaves and grazes with the herd? The House of Shammai anwered them, do you not agree that if somebody erred and designated the ninth as the tenth, or the tenth as ninth, or the eleventh as tenth, it is sanctified.” And they do not accept it! Otherwise, they could have answered: Why do you answer us from something which is sanctified only if not in [willful] error about something which will be sanctified both in error and not in error! As Rebbi Immi said, they were rich in answer, or as Rebbi Nasa said, like somebody who has two reasons and he responds by giving one of them.

If he completed his nezirut but did not manage to shave before he was informed about a possible case of a grave in the abyss, he cancels. If he designated his sacrifices but did not manage to shave before he was informed about a grave in the abyss? Rebbi Ze‘ira said before Rebbi Mana: Is that not the Mishnah? Whether he shaved or did not shave following Rebbi Eliezer, or whether it happened before or after blood was sprinkled according to the rabbis!

After it was delivered to her, could it not be considered as if written in her name from the start? Rebbi Yose in the name of Rebbi [Abin bar Ḥiyya]: It follows Rebbi Simeon, as it was stated: “If one said to a craftsman, make me two bells, one for the ground and one for an animal, make me two mats, one to sit on and one for a tent, make me two sheets, one to lie on and one for [a pattern], only if he designated them in purity. Rebbi Simeon declares them pure unless he designated them for impurity.” As he said there, only if it was a utensil from the start, so he says, unless it was a divorce in her name from the start.

After it was delivered to her, could it not be considered as if written in her name from the start? Rebbi Yose in the name of Rebbi [Abin bar Ḥiyya]: It follows Rebbi Simeon, as it was stated: “If one said to a craftsman, make me two bells, one for the ground and one for an animal, make me two mats, one to sit on and one for a tent, make me two sheets, one to lie on and one for [a pattern], only if he designated them in purity. Rebbi Simeon declares them pure unless he designated them for impurity.” As he said there, only if it was a utensil from the start, so he says, unless it was a divorce in her name from the start.

“What is a positive commandment that is activated by time? For example sukkah, and shofar, and lulab, and tefillin. What is a positive commandment that is not activated by time? For example lost articles, sending away the [mother from the] nest, railing, and ẓiẓit. Rebbi Simeon exempts women from ẓiẓit because it is a positive commandment activated by time.” Rebbi Simeon said to them: Do you not agree with me that it is a positive commandment activated by time? Because a nightgown is exempt from ẓiẓit. Rebbi Hila said: The reason of the rebbis is that, if a garment is designated both for daytime and for night, it needs ẓiẓit.

“They asked him, could they be brought one for the other,” etc. Rebbi Joḥanan said, the words of the Sages [imply] that one may change; the words of Rebbi Simeon [imply] that one may not change. The words of the Sages [imply] that one may change, and you say “could they be brought one for the other”? They objected to him according to his argument. According to your argument, since you say that one may not change, could they be brought one for the other? Rebbi Yose said, since public sacrifices are designated only by use. Rebbi Yudan said, it was stated thus: “For the purpose of the sacrifice for which it is brought it was sanctified from the beginning.”

HALAKHAH: “Where are they exiled to,” etc. “Three cities did Moses designate in Transjordan. When they came to the Land they designated another three. Neither of them were giving asylum until after they conquered and divided. After they conquered and divided, the Land became obligated for Sabbaticals and Jubilees and these and those were giving asylum. The three cities which they designated in the Land of Israel were parallel to the three cities which Moses had designated in Transjordan like two rows in a vineyard. Hebron in Judea parallels Beṣer in the desert. Sichem on Mount Ephraim parallels Ramot Gilead. Qedesh in Galilee parallels Golan in Bashan. (Before) [even though] they had designated Sichem on Mount Ephraim it could not give asylum; they designated Qiryat-Yearim in its place until they conquered Sichem. (Before) [even though] they had designated Qedesh in Galilee it could not give asylum; they designated Gamla in its place until they conquered Qedesh.”

HALAKHAH: “Where are they exiled to,” etc. “Three cities did Moses designate in Transjordan. When they came to the Land they designated another three. Neither of them were giving asylum until after they conquered and divided. After they conquered and divided, the Land became obligated for Sabbaticals and Jubilees and these and those were giving asylum. The three cities which they designated in the Land of Israel were parallel to the three cities which Moses had designated in Transjordan like two rows in a vineyard. Hebron in Judea parallels Beṣer in the desert. Sichem on Mount Ephraim parallels Ramot Gilead. Qedesh in Galilee parallels Golan in Bashan. (Before) [even though] they had designated Sichem on Mount Ephraim it could not give asylum; they designated Qiryat-Yearim in its place until they conquered Sichem. (Before) [even though] they had designated Qedesh in Galilee it could not give asylum; they designated Gamla in its place until they conquered Qedesh.”

HALAKHAH: “Where are they exiled to,” etc. “Three cities did Moses designate in Transjordan. When they came to the Land they designated another three. Neither of them were giving asylum until after they conquered and divided. After they conquered and divided, the Land became obligated for Sabbaticals and Jubilees and these and those were giving asylum. The three cities which they designated in the Land of Israel were parallel to the three cities which Moses had designated in Transjordan like two rows in a vineyard. Hebron in Judea parallels Beṣer in the desert. Sichem on Mount Ephraim parallels Ramot Gilead. Qedesh in Galilee parallels Golan in Bashan. (Before) [even though] they had designated Sichem on Mount Ephraim it could not give asylum; they designated Qiryat-Yearim in its place until they conquered Sichem. (Before) [even though] they had designated Qedesh in Galilee it could not give asylum; they designated Gamla in its place until they conquered Qedesh.”

HALAKHAH: “Where are they exiled to,” etc. “Three cities did Moses designate in Transjordan. When they came to the Land they designated another three. Neither of them were giving asylum until after they conquered and divided. After they conquered and divided, the Land became obligated for Sabbaticals and Jubilees and these and those were giving asylum. The three cities which they designated in the Land of Israel were parallel to the three cities which Moses had designated in Transjordan like two rows in a vineyard. Hebron in Judea parallels Beṣer in the desert. Sichem on Mount Ephraim parallels Ramot Gilead. Qedesh in Galilee parallels Golan in Bashan. (Before) [even though] they had designated Sichem on Mount Ephraim it could not give asylum; they designated Qiryat-Yearim in its place until they conquered Sichem. (Before) [even though] they had designated Qedesh in Galilee it could not give asylum; they designated Gamla in its place until they conquered Qedesh.”

HALAKHAH: “Where are they exiled to,” etc. “Three cities did Moses designate in Transjordan. When they came to the Land they designated another three. Neither of them were giving asylum until after they conquered and divided. After they conquered and divided, the Land became obligated for Sabbaticals and Jubilees and these and those were giving asylum. The three cities which they designated in the Land of Israel were parallel to the three cities which Moses had designated in Transjordan like two rows in a vineyard. Hebron in Judea parallels Beṣer in the desert. Sichem on Mount Ephraim parallels Ramot Gilead. Qedesh in Galilee parallels Golan in Bashan. (Before) [even though] they had designated Sichem on Mount Ephraim it could not give asylum; they designated Qiryat-Yearim in its place until they conquered Sichem. (Before) [even though] they had designated Qedesh in Galilee it could not give asylum; they designated Gamla in its place until they conquered Qedesh.”

HALAKHAH: “Where are they exiled to,” etc. “Three cities did Moses designate in Transjordan. When they came to the Land they designated another three. Neither of them were giving asylum until after they conquered and divided. After they conquered and divided, the Land became obligated for Sabbaticals and Jubilees and these and those were giving asylum. The three cities which they designated in the Land of Israel were parallel to the three cities which Moses had designated in Transjordan like two rows in a vineyard. Hebron in Judea parallels Beṣer in the desert. Sichem on Mount Ephraim parallels Ramot Gilead. Qedesh in Galilee parallels Golan in Bashan. (Before) [even though] they had designated Sichem on Mount Ephraim it could not give asylum; they designated Qiryat-Yearim in its place until they conquered Sichem. (Before) [even though] they had designated Qedesh in Galilee it could not give asylum; they designated Gamla in its place until they conquered Qedesh.”

HALAKHAH: “Where are they exiled to,” etc. “Three cities did Moses designate in Transjordan. When they came to the Land they designated another three. Neither of them were giving asylum until after they conquered and divided. After they conquered and divided, the Land became obligated for Sabbaticals and Jubilees and these and those were giving asylum. The three cities which they designated in the Land of Israel were parallel to the three cities which Moses had designated in Transjordan like two rows in a vineyard. Hebron in Judea parallels Beṣer in the desert. Sichem on Mount Ephraim parallels Ramot Gilead. Qedesh in Galilee parallels Golan in Bashan. (Before) [even though] they had designated Sichem on Mount Ephraim it could not give asylum; they designated Qiryat-Yearim in its place until they conquered Sichem. (Before) [even though] they had designated Qedesh in Galilee it could not give asylum; they designated Gamla in its place until they conquered Qedesh.”

[Just as the city grants asylum, so does its domain grants asylum.] “Three cities did Moses designate in Transjordan. When they came to the Land they designated another three. In the future there will be another three, as it is said three, three, three. This makes nine. Abba Shaul says, three. Three of three times three makes nine. Additional makes twelve. Rebbi Nehorai says, three, three, three make nine. Additional makes twelve. To these three makes fifteen.” It is written: Six cities of refuge there shall be for you, that all six of them give asylum simultaneously. And you say so? It follows what Rebbi Samuel [ben Aina] said in the name of Rebbi Aḥa: Five things was the last Temple missing which were in the first Temple, as it is written: Go to the mountain, bring wood, etc., up to I may be honored. It is written I shall be honored, without the letter he. These are the five things which the last Temple was missing which were in the first Temple. They are: The fire, the Ark, Urim and Tummim, anointing oil, and the Holy Spirit.

Are consequences of a ruling like the ruling? Do ruling within ruling combine? How is that? If the public ate forbidden fat and designated their sacrifices. If you say that consequences of a ruling are like the ruling, the Court is liable. If you say that consequences of a ruling are not like the ruling, the Court is not liable. The following should be obvious to you: the consequences of a ruling are like the ruling. Do ruling within ruling combine with each other? How is that? If the Court ruled that the fat in the right side kidney was permitted but that of the left side and its cover was forbidden; then they reversed themselves and said the opposite. Most ate the first time, and most the second time. If you say that they combine, they are liable for one. But if you say that they do not combine, they are liable for two. Do two instructions about one kind of work combine? How is that? If a majority ate and a majority slaughtered. In Rebbi Meïr’s opinion they are once liable; in Rebbi Simeon’s opinion they are twice liable. If a minority ate the first time and a minority the second time. In Rebbi Meïr’s opinion they are liable; in Rebbi Simeon’s opinion they are not liable.

HALAKHAH: “If a woman miscarried a sole or a placenta,” etc. Rebbi Abba in the name of Rav Jehudah: There only is a sole because it was weighed down by a living [fetus]; it comes out not with a living but with a dead [child]. Rebbi Abun bar Ḥiyya objected: did we not state, “if a woman miscarried a sole or a placenta, she should observe for male and female birth”? That means, it is a child! Rebbi Huna said, I explained it before Rebbi Jeremiah. Explain it if the child was born through the wall of the womb and the sole from the womb. The child within fulfilling, the sole after fulfilling. The child before she converted, the sole after she converted. But even you may say, both were born from the womb, both were born after she converted. Explain that the child was born first and she designated a sacrifice for it. Before she could bring the sacrifice, the sole came out and the first sacrifice was pushed away. It turns out that she brings the sacrifice for the sole.

And lo, Rabina raised the question : How is it with a place which had been designated to be used as a privy? Do we take account of the designation or not ? How is this question of Rabina to be understood ? Whether one may stand in such a place to pray therein, not to pray over against it.

Abbai said : It refers to a Samaritan who is a Haber. Raba said : Thou mayest even suppose that it refers to a Samaritan who is an 'Am ha'ares, and we are here dealing with the 'Am ha'ares so designated by the Rabbis who disagree in this matter with R. Meir. For there is a teaching : Who is an 'Am ha'ares? Whoever does not eat his non-holy food in a condition of ritual purity — these are the words of R. Meir ; but the Sages say : Whoever does not properly tithe his fruits. These Samaritans, however, do properly apportion the tithe, for they are careful to observe what is written in the Torah. The teacher has said : The commandments to which the Samaritans adhere they observe more scrupulously than the Israelite.

One who has eaten of the untithed, or the first tithe, etc. [If he has eaten of] the untithed, it is evident [that he should not be included]! No; it was necessary to state it because of the untithed which is so designated by the Rabbis. How is this meant? As referring to that which grows in an unperforated pot.

From where is this rule derived? As our Rabbis have taught: R. Simai says: The text counted two [issues] and designated the man as unclean, and then three and designated him as unclean. How so? Two for uncleanness, a third for a sacrifice.

From where is this rule derived? As our Rabbis have taught: R. Simai says: The text counted two [issues] and designated the man as unclean, and then three and designated him as unclean. How so? Two for uncleanness, a third for a sacrifice.