deut

(In that passage, Deut. iii. 24, where it is written): “Adonai Jehovah, thou hast begun to show unto Thy servant Thy greatness,” the name, Tetragrammaton, IHVH existeth perfectly written in its sides. (So that the name ADNI, Adonai, denoteth the inferior H, He, from the one side; and the points of the name ALHIM, Elohim, denote the superior H, He, from the other side.)

It is written, Isa. xlii. 8: “I am the Tetragrammaton, that is my name, and my glory I give not to another.” (Now the author of the“Siphra Dtzenioutha” beginneth to explain the ulterior difference between Microprosopus and Macroprosopus, even as to their appellations; where the word ANI, Ani “I,” in the above passage referreth to the Microprosopus, since it involveth the idea of the bride.) Also it is written, Deut. xxxii. 39: “I slay, and I make alive.” Also it is written, Isa. xlvi. 4: “I will bear, and I will deliver you.”

When he began, he said (from Deut. xxvii. 15): “Cursed be the man that maketh any graven or molten image, the work of the hands of the craftsman, and putteth it in a secret place. And all the people shall answer and say Amen!”

“For it is written, Deut. xxxiii. 29: ‘Blessed art thou, O Israel: who is like unto thee?’ Also is it written, Exod. xv. 11: ‘Who is like unto thee among the gods, O Tetragrammaton?’”

Rabbi Schimeon rejoiced, and said: “O Tetragrammaton! I have heard Thy speech, and was afraid! (Hab. iii. 1). He hath said: ‘It is therefore rightly done, seeing that fear hath followed; but for us the matter rather dependeth upon love.’ Like as it is written, Deut. vi. 5: ‘And thou shalt delight in Tetragrammaton thy God.’ Also it is written, Mal. i. 2: ‘I have loved you.’”

Also have we learned this. It is written, Deut. xi. 12: “The eyes of Tetragrammaton thy God are upon it, from the beginning of the year even unto the end of the year.” This is that which is written: “Justice dwelt therein;” because therein are found many most severe judgments, as in all other instances.

And if thou sayest wrath and fervour, it is well, since it is written, Deut. ix. 19: “Since I have feared because of wrath and fervour.” For these are the black and red smoke. But whence is added MShChITh, Meshachith, perdition?

And for that cause is it written, Exod. iv. 14: “And the anger of Tetragrammaton was kindled.” Deut. vii. 4: “And the anger of Tetragrammaton will be kindled. Exod. xxii. 24:” And My wrath is kindled. Deut. vi. 15: “Lest the wrath of Tetragrammaton be kindled.” Which are all to be understood concerning Zauir Anpin, or Microprosopus.

And for that cause is it written, Exod. iv. 14: “And the anger of Tetragrammaton was kindled.” Deut. vii. 4: “And the anger of Tetragrammaton will be kindled. Exod. xxii. 24:” And My wrath is kindled. Deut. vi. 15: “Lest the wrath of Tetragrammaton be kindled.” Which are all to be understood concerning Zauir Anpin, or Microprosopus.

RABBI SCHIMEON commenced and said, Deut. iv. 4: “And ye shall cleave unto Tetragrammaton your God,” &c.

What nation is so holy as Israel? for it is written concerning them, Deut. xxxiii. 29: “Blessed art thou, O Israel! who is like unto thee?” Because that they are applied unto God in this world through the holy name.

“For this is the perfection of the Holy Name, concerning which it is written, Deut. xxviii. 10: ‘And all the people of the earth shall see that the name of Tetragrammaton hath been invoked over thee, and they shall be afraid of thee.’

This is that very thing which is written, Deut. iv. 39: “Know therefore this day, and consider it in thine heart, that Tetragrammaton, He is Elohim (HVA HALHIM), in the heavens above, and upon the earth beneath: there is none other.”

And a second time that Voice pealed forth and said, Deut. iv. 4: “But ye that did cleave unto Tetragrammaton, your God, are alive every one of you this day.”

Also it is written, Deut. ii. 12: “The eyes of Tetragrammaton thy God are ever thereon in the beginning of the year,” &c.

This is that which standeth written, Deut. v. 28: “And Tetragrammaton hath heard the voice of your words.” Again, Num. xi. 1: “And Tetragrammaton heard, and His wrath was kindled.”

And they handed out to Finn vinegar and gall in a sponge. By the vinegar which they gave unto Him it was made known concerning them that their will was changed from what it had been formerly, and that they had turned themselves from integrity to wickedness, and by the gall was made known the bitterness of the accursed serpent which was in them. And they showed that they also had belonged to that good vineyard from which prophets, and kings, and priests, and they themselves had drunk; but because they had become wicked heirs, who would not labour in the vineyard of my beloved, they produced husks instead of grapes, and the wine which they pressed out therefrom was sour. And having trucified the Heir on the Wood, they mixed some of the impurity of their wickedness with their sour wine, and gave Him to drink of the wine from the vineyard of the Gentiles; but He would not drink [saying], ““ Give me of that vine which My Father brought out of Egypt.” For Christ knew that the prophecy of Moses which had been prophesied concerning them had been fulfilled in them; for Moses said, “‘ Your grapes are grapes of gall, your clusters are bitter. Your poison is the poison of the serpent, and their head is that of a malignant viper. These are the things which ye render unto the Lord”’ (Deut. xxxii. 32, 33).

If she took off his shoe and spat, but did not recite [the formula], her halitzah is valid. If she recited [the formula] and spat, but did not draw off the shoe, her halitzah is invalid. If she drew off the shoe and recited [the formula] but did not spit: R. Eliezer says her halitzah is invalid; and R. Akiva says: her halitzah is valid. R. Eliezer said to him: “‘So shall be done’ (Deut. 25:9), anything which is a deed is essential.” R. Akiva said to him: “From there is your proof!: ‘So shall be done to the man”, only that which is to be done to the man [is essential].

[This is the procedure in the performance of] the commandment of halitzah: He and his deceased brother’s wife come to the court, and they offer him appropriate advice, for it is said, “Then the elders of his city shall call him and speak to him” (Deut. 25:8). She then says: “My husband’s brother refuses to establish a name for his brother in Israel; he will not perform the duty of a levir (yavam)” (verse. Then he says: “I do not wish to marry her” (verse. [These sayings] were spoken in the holy tongue (Hebrew). “Then his brother’s widow shall go up to him in the presence of the elders, pull the sandal off his foot and spit in his face” (verse spit that the judges can see. “And make this declaration: Thus shall be done to the man who will not build up his brother’s house”. Thus far they used to dictate. When Rabbi Hyrkanus was under the terebinth at Kefar Etam he dictated the reading and completed the entire section, the practice was established to complete the entire section. “And he shall go in Israel by the name of ‘the family of the unsandaled one’” (verse. [The recitation of this verse] is a commandment [to be performed] by the judges and not by the disciples. Rabbi Judah says: it is a commandment incumbent upon all present to cry “[the man] that had his shoe pulled off, [the man] that had his shoe pulled off, [the man] that had his shoe pulled off.”

What is meant by “he must drink out of his pot”? Even if she is lame, even if she is blind and even if she is afflicted with boils [he may not dismiss her]. If she was found to have committed a licentious act or was unfit to marry an Israelite he may not continue to live with her, for it is said, “And she shall be for him a wife”(Deut. 22:29) a wife that is fit for him.

The daughter of a convert who converted together with her mother and then committed an act of fornication is subject to the penalty of strangulation. She is not [stoned] at the door of her father’s house nor [does her husband pay the] hundred sela’. If she was conceived in unholiness but her birth was in holiness she is subject to the penalty of stoning. She is not [stoned] at the door of her father’s house nor [does her husband pay the] hundred sela’. If she was both conceived and born in holiness she is regarded as a daughter of Israel in all respects. A girl who has a father but no door of her father’s house; or a door of her father’s house but no father, is subject to the penalty of stoning [the verse did not state] “the opening of her father’s house” (Deut. 22:21) except as a precept.

How were the blessings and curses [pronounced]? When Israel crossed the Jordan and came to Mt. Gerizim and Mt. Ebal which are by Samaria, in the vicinity of Shechem which is near the terebinths of Moreh, as it is said, “Are they not the other side of the Jordan, [beyond the west road that is in the land of the Canaanites who dwell in the Arabah near Gilgal, by the terebinths of Moreh] (Deut. 11:30), and elsewhere it says, “And Abram passed through the land unto the place of Shechem unto the terebinth of Moreh” (Genesis 12:6) just as the terebinth of Moreh mentioned in this latter verse is Shechem, so the terebinth of Moreh mentioned in the former verse is Shechem. Six tribes went up Mt. Gerizim and six tribes went up Mt. Ebal, and the priests and Levites with the ark stood below in the middle, the priests surrounding the ark, the Levites [surrounding] the priests, and all Israel on this side and that side, as it is said, “And all Israel, with their elders, officials, and judges stood on both sides of the ark, facing the levitical priests” (Joshua 8:33). They turned their faces towards Mt. Gerizim and opened with the blessing: Blessed be anyone who does not make a graven or molten image”. And these and these respond amen. They then turned their faces towards Mt. Ebal and opened with the curse: “Cursed be anyone who makes a graven or molten image” (Deut. 27:15). And these and these respond amen. [So they continue] until they complete the blessings and curses. After that they brought the stones, built the altar and plastered it with plaster, and inscribed upon it all the words of the Torah in seventy languages, as it is said, “most distinctly (be’er hetev). Then they took the stones and went and spent the night in their place.

How were the blessings and curses [pronounced]? When Israel crossed the Jordan and came to Mt. Gerizim and Mt. Ebal which are by Samaria, in the vicinity of Shechem which is near the terebinths of Moreh, as it is said, “Are they not the other side of the Jordan, [beyond the west road that is in the land of the Canaanites who dwell in the Arabah near Gilgal, by the terebinths of Moreh] (Deut. 11:30), and elsewhere it says, “And Abram passed through the land unto the place of Shechem unto the terebinth of Moreh” (Genesis 12:6) just as the terebinth of Moreh mentioned in this latter verse is Shechem, so the terebinth of Moreh mentioned in the former verse is Shechem. Six tribes went up Mt. Gerizim and six tribes went up Mt. Ebal, and the priests and Levites with the ark stood below in the middle, the priests surrounding the ark, the Levites [surrounding] the priests, and all Israel on this side and that side, as it is said, “And all Israel, with their elders, officials, and judges stood on both sides of the ark, facing the levitical priests” (Joshua 8:33). They turned their faces towards Mt. Gerizim and opened with the blessing: Blessed be anyone who does not make a graven or molten image”. And these and these respond amen. They then turned their faces towards Mt. Ebal and opened with the curse: “Cursed be anyone who makes a graven or molten image” (Deut. 27:15). And these and these respond amen. [So they continue] until they complete the blessings and curses. After that they brought the stones, built the altar and plastered it with plaster, and inscribed upon it all the words of the Torah in seventy languages, as it is said, “most distinctly (be’er hetev). Then they took the stones and went and spent the night in their place.

[A scribe] who writes out formulas of bills of divorce must leave blank spaces for the name of the man and the name of the woman and the date. [A scribe who writes] loan documents must leave blank spaces for the name of the lender, the name of the borrower, the amount of money and the date. [A scribe who writes] sale documents must leave blank spaces for the name of the seller, the name of the purchaser, the amount of money, the property and the date; [These spaces must be left blank] because of the “takkanah” (enactment). Rabbi Judah disqualifies all of them. Rabbi Elazar validates all of them valid except divorce documents, as it says, “He writes for her” (Deut 24:1), expressly for her.

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

If he (the claimant) named what was lost but could not describe its distinctive marks, he should not give it back to him. And it should not be give to a [known] deceiver, even if he describes its distinctive marks, as it is said [in the verse, Deut. 22:2]: “Until your fellow claims it”, [which is to say] until you inquire about your fellow, if he is a deceiver or not. Whatsoever works and eats, let it work and eat [while in the finder’s care]. But whatsoever does not work and eat should be sold, as it is said [in the verse, Deut. 22:2]: “And you shall return it to him”, See how you can return it to him. What shall be with the money [from the sale]? Rabbi Tarfon says: “He may use it, therefore if it is lost he is responsible for it.” Rabbi Akiva says: “He may not use it, therefore if it is lost he is not responsible for it.”

If he (the claimant) named what was lost but could not describe its distinctive marks, he should not give it back to him. And it should not be give to a [known] deceiver, even if he describes its distinctive marks, as it is said [in the verse, Deut. 22:2]: “Until your fellow claims it”, [which is to say] until you inquire about your fellow, if he is a deceiver or not. Whatsoever works and eats, let it work and eat [while in the finder’s care]. But whatsoever does not work and eat should be sold, as it is said [in the verse, Deut. 22:2]: “And you shall return it to him”, See how you can return it to him. What shall be with the money [from the sale]? Rabbi Tarfon says: “He may use it, therefore if it is lost he is responsible for it.” Rabbi Akiva says: “He may not use it, therefore if it is lost he is not responsible for it.”

What counts as lost property? If he found an ass or a cow grazing on the path, this does not count as lost property. But if he found an ass with its trappings turned over, or a cow running in the vineyards, this is lost property. If he returned it and it escaped again, and he returned it and it escaped again, even four or five times, he is obligated to return it [yet again], since it is stated (Deut. 22:1): “You shall surely return it to your brother”. If [the finder] lost time at work that was worth a sela (an amount of money), he may not say to the owner, “Give me a sela”. Rather the owner need only pay him the wages of an unemployed laborer. If there was a court of law in the that place the finder may stipulate before them [for damages for time lost]. If there was no court of law, before whom can he stipulate? His comes first.

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

If one lent one’s fellow, he may exact a pledge from him only with the permission of a court, and he may not enter his house to take the pledge, as it is states, “You shall stand outside” (Deut. 24:1. If the borrower had two utensils, he may take one but must give back the other. And he must give back the pillow at night and the plow during the day. And if the creditor dies he need not return the pledge to his heirs. Rabban Shimon ben Gamaliel says: “Even to the debtor himself he need only return the pledge within thirty days [of the loan], and after thirty days he may sell it with the consent of the court. A pledge may not be taken from a widow, whether she be rich or poor, as it states, “Do not take the a widow’s garment as a pledge” (Deut. 24:17). If one takes a millstone as a pledge he violates a negative commandment and he is also in violation of both parts [of the millstone], as it states, “Do not take a mill or an upper millstone as a pledge” (Deut. 24:6). And they didn’t say just an upper millstone or a mill but anything that is necessary for food, as it states, “for that would be taking someone’s life as a pledge” (ibid.).

If one lent one’s fellow, he may exact a pledge from him only with the permission of a court, and he may not enter his house to take the pledge, as it is states, “You shall stand outside” (Deut. 24:1. If the borrower had two utensils, he may take one but must give back the other. And he must give back the pillow at night and the plow during the day. And if the creditor dies he need not return the pledge to his heirs. Rabban Shimon ben Gamaliel says: “Even to the debtor himself he need only return the pledge within thirty days [of the loan], and after thirty days he may sell it with the consent of the court. A pledge may not be taken from a widow, whether she be rich or poor, as it states, “Do not take the a widow’s garment as a pledge” (Deut. 24:17). If one takes a millstone as a pledge he violates a negative commandment and he is also in violation of both parts [of the millstone], as it states, “Do not take a mill or an upper millstone as a pledge” (Deut. 24:6). And they didn’t say just an upper millstone or a mill but anything that is necessary for food, as it states, “for that would be taking someone’s life as a pledge” (ibid.).

If one lent one’s fellow, he may exact a pledge from him only with the permission of a court, and he may not enter his house to take the pledge, as it is states, “You shall stand outside” (Deut. 24:1. If the borrower had two utensils, he may take one but must give back the other. And he must give back the pillow at night and the plow during the day. And if the creditor dies he need not return the pledge to his heirs. Rabban Shimon ben Gamaliel says: “Even to the debtor himself he need only return the pledge within thirty days [of the loan], and after thirty days he may sell it with the consent of the court. A pledge may not be taken from a widow, whether she be rich or poor, as it states, “Do not take the a widow’s garment as a pledge” (Deut. 24:17). If one takes a millstone as a pledge he violates a negative commandment and he is also in violation of both parts [of the millstone], as it states, “Do not take a mill or an upper millstone as a pledge” (Deut. 24:6). And they didn’t say just an upper millstone or a mill but anything that is necessary for food, as it states, “for that would be taking someone’s life as a pledge” (ibid.).

A tribe, a false prophet, or the high priest may not be tried save by the court of seventy-one; They may not send forth the people to wage a battle of free choice save by the decision of the court of one and seventy; They may not add to the City [of Jerusalem], or the Courts of the Temple save by the decision of the court of seventy-one; They may not set up sanhedrins for the several tribes save by the decision of the court of one and seventy. And they may not proclaim [any city to be] an Apostate City (ir ha-niddahat) (Deut. 13:13–19] save by the decision of one and seventy. No city on the frontier may be proclaimed an Apostate City, nor three together, but only one or two.

He may send forth the people to a battle waged of free choice by the decision of the court of seventy one. He may break through [the private domain of any man] to make himself a road and none may protest him. The king’s road has no limit. Whatsoever the people take in plunder they must place before him, and he may take first. “And he shall not have many wives” (Deut. 17:17) eighteen only. Rabbi Judah says: “He may take many wives provided they don’t turn his heart away [from worshipping God]. Rabbi Shimon says: “Even one that might turn his heart away, he should not marry. Why then does it say, “He shall not have many wives”, even if they are like Avigayil. “He shall not keep many horses” (Deut. 17:16) enough for his chariot only. “Nor shall he amass silver and gold to excess” (Deut. 17:17) enough to pay his soldier’s wages. He must write a Torah scroll for himself; when he goes forth to battle he shall take it with him, and when he returns he shall bring it back with him; when he sits in judgement it shall be with him, and when he sits to eat it shall be with him, as it says, “Let it remain with him and let him read it all his life” (Deut. 17:19)

He may send forth the people to a battle waged of free choice by the decision of the court of seventy one. He may break through [the private domain of any man] to make himself a road and none may protest him. The king’s road has no limit. Whatsoever the people take in plunder they must place before him, and he may take first. “And he shall not have many wives” (Deut. 17:17) eighteen only. Rabbi Judah says: “He may take many wives provided they don’t turn his heart away [from worshipping God]. Rabbi Shimon says: “Even one that might turn his heart away, he should not marry. Why then does it say, “He shall not have many wives”, even if they are like Avigayil. “He shall not keep many horses” (Deut. 17:16) enough for his chariot only. “Nor shall he amass silver and gold to excess” (Deut. 17:17) enough to pay his soldier’s wages. He must write a Torah scroll for himself; when he goes forth to battle he shall take it with him, and when he returns he shall bring it back with him; when he sits in judgement it shall be with him, and when he sits to eat it shall be with him, as it says, “Let it remain with him and let him read it all his life” (Deut. 17:19)

He may send forth the people to a battle waged of free choice by the decision of the court of seventy one. He may break through [the private domain of any man] to make himself a road and none may protest him. The king’s road has no limit. Whatsoever the people take in plunder they must place before him, and he may take first. “And he shall not have many wives” (Deut. 17:17) eighteen only. Rabbi Judah says: “He may take many wives provided they don’t turn his heart away [from worshipping God]. Rabbi Shimon says: “Even one that might turn his heart away, he should not marry. Why then does it say, “He shall not have many wives”, even if they are like Avigayil. “He shall not keep many horses” (Deut. 17:16) enough for his chariot only. “Nor shall he amass silver and gold to excess” (Deut. 17:17) enough to pay his soldier’s wages. He must write a Torah scroll for himself; when he goes forth to battle he shall take it with him, and when he returns he shall bring it back with him; when he sits in judgement it shall be with him, and when he sits to eat it shall be with him, as it says, “Let it remain with him and let him read it all his life” (Deut. 17:19)

He may send forth the people to a battle waged of free choice by the decision of the court of seventy one. He may break through [the private domain of any man] to make himself a road and none may protest him. The king’s road has no limit. Whatsoever the people take in plunder they must place before him, and he may take first. “And he shall not have many wives” (Deut. 17:17) eighteen only. Rabbi Judah says: “He may take many wives provided they don’t turn his heart away [from worshipping God]. Rabbi Shimon says: “Even one that might turn his heart away, he should not marry. Why then does it say, “He shall not have many wives”, even if they are like Avigayil. “He shall not keep many horses” (Deut. 17:16) enough for his chariot only. “Nor shall he amass silver and gold to excess” (Deut. 17:17) enough to pay his soldier’s wages. He must write a Torah scroll for himself; when he goes forth to battle he shall take it with him, and when he returns he shall bring it back with him; when he sits in judgement it shall be with him, and when he sits to eat it shall be with him, as it says, “Let it remain with him and let him read it all his life” (Deut. 17:19)

None may ride his horse and none may sit on his throne and none may make use of his scepter. No one may see him when his hair is being cut or when he is naked or when he is in the bath house, for it says, “You shall set a king upon yourself” (Deut. 17:15) that his awe should be over you.

The place of stoning was twice a man’s height. One of the witnesses pushed him by the hips, [so that] he was overturned on his heart. He was then turned on his back. If that caused his death, he had fulfilled [his duty]; but if not, the second witness took a stone and threw it on his chest. If he died thereby, he had done [his duty]; but if not, he [the criminal] was stoned by all Israel, for it is says: “The hand of the witnesses shall be first upon him to put him to death, and afterwards the hand of all the people” (Deut. 17:7). All who are stoned are [afterwards] hanged, according to Rabbi Eliezer. But the sages say: “Only the blasphemer and the idolater are hanged.” A man is hanged with his face towards the spectators, but a woman with her face towards the gallows, according to Rabbi Eliezer. But the sages say: a man is hanged, but not a woman. Rabbi Eliezer said to them: “But did not Shimon ben Shetah hang women at ashkelon?” They said: “[On that occasion] he hanged eighty women, even though two must not be tried on the same day. How is he hanged? The post is sunk into the ground with a [cross-] piece branching off [at the top] and he brings his hands together one over the other and hangs him up [thereby]. R. Jose said: the post is leaned against the wall, and he hangs him up the way butchers do. He is immediately let down. If he is left [hanging] over night, a negative command is thereby transgressed, for it says, “You shall not let his corpse remain all night upon the tree, but you must bury him the same day because a hanged body is a curse against god” (Deut. 21:23). As if to say why was he hanged? because he cursed the name [of god]; and so the name of Heaven [God] is profaned.

The place of stoning was twice a man’s height. One of the witnesses pushed him by the hips, [so that] he was overturned on his heart. He was then turned on his back. If that caused his death, he had fulfilled [his duty]; but if not, the second witness took a stone and threw it on his chest. If he died thereby, he had done [his duty]; but if not, he [the criminal] was stoned by all Israel, for it is says: “The hand of the witnesses shall be first upon him to put him to death, and afterwards the hand of all the people” (Deut. 17:7). All who are stoned are [afterwards] hanged, according to Rabbi Eliezer. But the sages say: “Only the blasphemer and the idolater are hanged.” A man is hanged with his face towards the spectators, but a woman with her face towards the gallows, according to Rabbi Eliezer. But the sages say: a man is hanged, but not a woman. Rabbi Eliezer said to them: “But did not Shimon ben Shetah hang women at ashkelon?” They said: “[On that occasion] he hanged eighty women, even though two must not be tried on the same day. How is he hanged? The post is sunk into the ground with a [cross-] piece branching off [at the top] and he brings his hands together one over the other and hangs him up [thereby]. R. Jose said: the post is leaned against the wall, and he hangs him up the way butchers do. He is immediately let down. If he is left [hanging] over night, a negative command is thereby transgressed, for it says, “You shall not let his corpse remain all night upon the tree, but you must bury him the same day because a hanged body is a curse against god” (Deut. 21:23). As if to say why was he hanged? because he cursed the name [of god]; and so the name of Heaven [God] is profaned.

A wayward and rebellious son: at what age does he become liable [to be stoned]? From the time that he produces two hairs until the beard is full by which is meant the hair of the genitals, not that of the face, but the Sages used euphemisms, for it says, “If a man has a son” (Deut. 21:18) a son, but not a daughter; ‘a son’, but not an adult man. The minor is exempt, since he does not come within the scope of the commandments.

When does he become liable [to be stoned]? Once he has eaten a tartemar of meat and drunk half a log of wine. Rabbi Yose said: “A maneh of meat and a log of wine. If he ate it in a company [celebrating] a religious act; or at a gathering for the purpose of intercalating the month; if he ate the second tithe in Jerusalem; if he ate the carrion or terefoth (meat that was not slaughtered in a kosher fashion), abominable and creeping things, or untithed produce, or the first tithe from which terumah had not been separated, or unredeemed second tithe, or unredeemed sacred food; if his eating involved a religious act or a transgression; if he ate any food but did not eat meat or drank any drink but did not drink wine, he does not become a ‘stubborn and rebellious son’, unless he eats meat and drinks wine, for it is written, “This our son is stubborn and rebellious, he will not obey our voice;] he is a glutton and a drunkard” (Deut. 21:20). Although there is no clear proof for this, there is at least a hint, as it is says, “Do not be among wine drinkers, among gluttonous meat eaters of flesh” (Proverbs 23:20).

If his father wants [to have him punished], but not his mother; or his father does not want [to have him punished] but his mother does, he is not treated as a ‘wayward a rebellious son’, unless they both desire it. Rabbi Judah said: “If his mother is not fit for his father, he does not become a ‘wayward and rebellious son”. If one of them [his father or his mother] had a hand cut off, or was lame, mute, blind or deaf, he cannot become a ‘wayward a rebellious son’, because it says “his father and mother shall take hold of him” (Deut. 21:19) not those with a hand cut off; “and bring him out”, not lame parents; “and they shall say”, and not mute parents; “this our son”, and not blind parents; “he will not obey our voice” (Deut. 21:20), and not deaf parents. He is warned in the presence of three and beaten. If he transgresses again after this, he is tried by a court of twenty three. He cannot be sentenced to stoning unless the first three are present, because it says, “this our son” (Deut. 21:20), [implying], this one who was whipped in your presence. If he [the rebellious son] fled before his trial was completed, and then his pubic hair grew in fully, he is free. But if he fled after his trial was completed, and then his pubic hair grew in fully, he remains liable.

If his father wants [to have him punished], but not his mother; or his father does not want [to have him punished] but his mother does, he is not treated as a ‘wayward a rebellious son’, unless they both desire it. Rabbi Judah said: “If his mother is not fit for his father, he does not become a ‘wayward and rebellious son”. If one of them [his father or his mother] had a hand cut off, or was lame, mute, blind or deaf, he cannot become a ‘wayward a rebellious son’, because it says “his father and mother shall take hold of him” (Deut. 21:19) not those with a hand cut off; “and bring him out”, not lame parents; “and they shall say”, and not mute parents; “this our son”, and not blind parents; “he will not obey our voice” (Deut. 21:20), and not deaf parents. He is warned in the presence of three and beaten. If he transgresses again after this, he is tried by a court of twenty three. He cannot be sentenced to stoning unless the first three are present, because it says, “this our son” (Deut. 21:20), [implying], this one who was whipped in your presence. If he [the rebellious son] fled before his trial was completed, and then his pubic hair grew in fully, he is free. But if he fled after his trial was completed, and then his pubic hair grew in fully, he remains liable.

If his father wants [to have him punished], but not his mother; or his father does not want [to have him punished] but his mother does, he is not treated as a ‘wayward a rebellious son’, unless they both desire it. Rabbi Judah said: “If his mother is not fit for his father, he does not become a ‘wayward and rebellious son”. If one of them [his father or his mother] had a hand cut off, or was lame, mute, blind or deaf, he cannot become a ‘wayward a rebellious son’, because it says “his father and mother shall take hold of him” (Deut. 21:19) not those with a hand cut off; “and bring him out”, not lame parents; “and they shall say”, and not mute parents; “this our son”, and not blind parents; “he will not obey our voice” (Deut. 21:20), and not deaf parents. He is warned in the presence of three and beaten. If he transgresses again after this, he is tried by a court of twenty three. He cannot be sentenced to stoning unless the first three are present, because it says, “this our son” (Deut. 21:20), [implying], this one who was whipped in your presence. If he [the rebellious son] fled before his trial was completed, and then his pubic hair grew in fully, he is free. But if he fled after his trial was completed, and then his pubic hair grew in fully, he remains liable.

“You shall surely smite the inhabitants of that city with the edge of the sword” (Deut. 13:16): a company of donkey-drivers or camel-drivers passing from place to place saves the city. “Doom it and all that is in it” (ibid.): From here they said that the property of the righteous, which is within [the city] is destroyed, but that which is outside of the city is saved, while that of the wicked, whether in or outside of the city, is destroyed.

“And you shall gather all its spoil into the public square” (Deut. 13:17): if it had no public square, one is made for it; if the public square was outside of [the city], it is brought within it. “And you shall burn with fire the city, and all its spoil as a whole burnt offering for the Lord your God” (ibid.): “And all its spoil”, but not the spoil of heaven. From here they said, the holy objects in the city must be redeemed and the heave offerings (terumoth) allowed to rot; and the second tithe and the sacred writings hidden. “A whole burnt offering for the Lord your God”: Rabbi Shimon said: “The holy Blessed One declared, ‘If you execute judgment upon the seduced city, I will ascribe merit to you as though you had sacrificed to me a whole offering.’” “And it shall remain an everlasting ruin, never to be rebuilt”: it may not be made even into gardens and orchards, according to the words of Rabbi Yose the Galilean. Rabbi Akiva says: “Never to be rebuilt”: it may not be built as it was, but it may be made into gardens and orchards. “Let nothing that has been doomed stick to your hand, in order that the Lord may turn His blazing anger and show you compassion” (Deut. 13:18): as long as the wicked exist in the world, there is blazing anger in the world; when the wicked perish from the world, blazing anger disappears from the world.

“And you shall gather all its spoil into the public square” (Deut. 13:17): if it had no public square, one is made for it; if the public square was outside of [the city], it is brought within it. “And you shall burn with fire the city, and all its spoil as a whole burnt offering for the Lord your God” (ibid.): “And all its spoil”, but not the spoil of heaven. From here they said, the holy objects in the city must be redeemed and the heave offerings (terumoth) allowed to rot; and the second tithe and the sacred writings hidden. “A whole burnt offering for the Lord your God”: Rabbi Shimon said: “The holy Blessed One declared, ‘If you execute judgment upon the seduced city, I will ascribe merit to you as though you had sacrificed to me a whole offering.’” “And it shall remain an everlasting ruin, never to be rebuilt”: it may not be made even into gardens and orchards, according to the words of Rabbi Yose the Galilean. Rabbi Akiva says: “Never to be rebuilt”: it may not be built as it was, but it may be made into gardens and orchards. “Let nothing that has been doomed stick to your hand, in order that the Lord may turn His blazing anger and show you compassion” (Deut. 13:18): as long as the wicked exist in the world, there is blazing anger in the world; when the wicked perish from the world, blazing anger disappears from the world.

The following are strangled: One who strikes his father or mother; One who kidnaps a Jew; An elder who rebels against the ruling of the court; A false prophet; One who prophesies in the name of an idol; One who commits adultery; Witnesses who testified falsely [to the adultery of] a priest’s daughter, and the one who has had sexual relations with her. The one who strikes his father or his mother is liable only if he wounds them. In this respect, cursing is more stringent than striking, for one who curses [his/her parents] after death is liable, while one who strikes them after death is not. One who kidnaps a Jew is not liable unless he brings him onto his own property. Rabbi Judah said: “Until he brings him onto his own property and puts him to service, as it says, “If a man is found to have kidnapped a fellow Israelite, enslaving him or selling him” (Deut. 24:7). If he kidnaps his own son. Rabbi Ishmael the son of Rabbi Yohanan ben Beroka declares him liable, but the Sages exempt [him]. If he kidnapped one who was half a slave and half free, Rabbi Judah declares him liable, but the Sages exempt [him].

An elder rebelling against the ruling of the court [is strangled], for it says, “If there arise a matter too hard for you for judgement […you shall promptly repair to the place that the Lord your God will have chosen, and appear before the levitical priests, or the magistrate in charge at the time, and present your problem. When they have announced to you the verdict in the case, you shall carry out the verdict that is announced to you from that place that the Lord chose, observing scrupulously all their instructions to you. You shall act in accordance with the instructions given you and the ruling handed down to you; you must not deviate from the verdict that they announce to you either to the right or to the left. Should a man act presumptuously and disregard the priest charged with serving there the Lord your God, or the magistrate, that man shall die” (Deut. 17:8-13, JPS translation). Three courts of law were there, one situated at the entrance to the Temple mount, another at the door of the [Temple] court, and the third in the Chamber of Hewn Stone. They [first] went to the court which is at the entrance to the Temple mount, and he [the rebellious elder] stated, “Thus have I expounded and thus have my colleagues expounded; thus have I taught, and thus have my colleagues taught.” If [this first court] had heard [a ruling on the matter], they state it. If not, they go to the [second court] which is at the entrance of the Temple court, and he declares, “Thus have I expounded and thus have my colleagues expounded; thus have I taught, and thus have my colleagues taught.” If [this second court] had heard [a ruling on the matter] they state it; if not, they all proceed to the great court of the Chamber of Hewn Stone from whence instruction issued to all Israel, for it says, [you shall carry out the verdict that is announced to you] from that place that the Lord chose (Deut. 17:10). If he returned to his town and taught again as he did before, he is not liable. But if he gave a practical decision, he is guilty, for it says, “Should a man act presumptuously” (Deut. 17:12) he is liable only for a practical ruling. But if a disciple gave a practical decision [opposed to the court], he is exempt: thus his stringency is his leniency.

An elder rebelling against the ruling of the court [is strangled], for it says, “If there arise a matter too hard for you for judgement […you shall promptly repair to the place that the Lord your God will have chosen, and appear before the levitical priests, or the magistrate in charge at the time, and present your problem. When they have announced to you the verdict in the case, you shall carry out the verdict that is announced to you from that place that the Lord chose, observing scrupulously all their instructions to you. You shall act in accordance with the instructions given you and the ruling handed down to you; you must not deviate from the verdict that they announce to you either to the right or to the left. Should a man act presumptuously and disregard the priest charged with serving there the Lord your God, or the magistrate, that man shall die” (Deut. 17:8-13, JPS translation). Three courts of law were there, one situated at the entrance to the Temple mount, another at the door of the [Temple] court, and the third in the Chamber of Hewn Stone. They [first] went to the court which is at the entrance to the Temple mount, and he [the rebellious elder] stated, “Thus have I expounded and thus have my colleagues expounded; thus have I taught, and thus have my colleagues taught.” If [this first court] had heard [a ruling on the matter], they state it. If not, they go to the [second court] which is at the entrance of the Temple court, and he declares, “Thus have I expounded and thus have my colleagues expounded; thus have I taught, and thus have my colleagues taught.” If [this second court] had heard [a ruling on the matter] they state it; if not, they all proceed to the great court of the Chamber of Hewn Stone from whence instruction issued to all Israel, for it says, [you shall carry out the verdict that is announced to you] from that place that the Lord chose (Deut. 17:10). If he returned to his town and taught again as he did before, he is not liable. But if he gave a practical decision, he is guilty, for it says, “Should a man act presumptuously” (Deut. 17:12) he is liable only for a practical ruling. But if a disciple gave a practical decision [opposed to the court], he is exempt: thus his stringency is his leniency.

An elder rebelling against the ruling of the court [is strangled], for it says, “If there arise a matter too hard for you for judgement […you shall promptly repair to the place that the Lord your God will have chosen, and appear before the levitical priests, or the magistrate in charge at the time, and present your problem. When they have announced to you the verdict in the case, you shall carry out the verdict that is announced to you from that place that the Lord chose, observing scrupulously all their instructions to you. You shall act in accordance with the instructions given you and the ruling handed down to you; you must not deviate from the verdict that they announce to you either to the right or to the left. Should a man act presumptuously and disregard the priest charged with serving there the Lord your God, or the magistrate, that man shall die” (Deut. 17:8-13, JPS translation). Three courts of law were there, one situated at the entrance to the Temple mount, another at the door of the [Temple] court, and the third in the Chamber of Hewn Stone. They [first] went to the court which is at the entrance to the Temple mount, and he [the rebellious elder] stated, “Thus have I expounded and thus have my colleagues expounded; thus have I taught, and thus have my colleagues taught.” If [this first court] had heard [a ruling on the matter], they state it. If not, they go to the [second court] which is at the entrance of the Temple court, and he declares, “Thus have I expounded and thus have my colleagues expounded; thus have I taught, and thus have my colleagues taught.” If [this second court] had heard [a ruling on the matter] they state it; if not, they all proceed to the great court of the Chamber of Hewn Stone from whence instruction issued to all Israel, for it says, [you shall carry out the verdict that is announced to you] from that place that the Lord chose (Deut. 17:10). If he returned to his town and taught again as he did before, he is not liable. But if he gave a practical decision, he is guilty, for it says, “Should a man act presumptuously” (Deut. 17:12) he is liable only for a practical ruling. But if a disciple gave a practical decision [opposed to the court], he is exempt: thus his stringency is his leniency.

He [the rebellious elder] was executed neither by his local court nor by the court at Yavneh, but rather was taken to the great court in Jerusalem and kept there until the [next] festival and executed on the festival, for it says, “And all the people shall hear and fear, and do no more presumptuously” (Deut. 17:13), according to the words of Rabbi Akiba. Rabbi Judah says: “His judgment must not be delayed, but he is executed immediately, and proclamations are written and sent by messengers to all places, “So and so has been sentenced to death at the court.”

‘A false prophet’; he who prophesies what he has not heard, or what was not told to him, is executed by man. But he who suppresses his prophecy, or disregards the words of a prophet, or a prophet who transgresses his own word , his death is at the hands of heaven, as it says, “[And if anybody fails to heed the words he speaks in my name] I Myself will call him to account (Deut. 18:19).

If two persons see him [the transgressor] from one window and two other persons see him from another window and one standing in the middle warns him, then, if some on one side and some on the other side can see one another, they constitute together one body of evidence, but if they cannot [see one another], they are two bodies of evidence. Consequently, if one of these is found to be a perjurer, both [the transgressor] and those two witnesses are put to death, while other group of witnesses is exempt. Rabbi Yose says: “He is never put to death unless two witnesses had warned him, as it says, “by the mouth of two witnesses..” (Deut. 17:6). Another interpretation: “By the mouth of two witnesses”: that the Sanhedrin shall not hear the evidence from the mouth of an interpreter.

If a man threw a stone into the public domain and killed a person, he goes into banishment. Rabbi Eliezer ben Jacob says: “If after the stone had left his hand another person put out his head and caught it, the thrower is exempt [from banishment].” If a man threw a stone into his [own] court and killed a person, then, if the victim had a right of entry there, the thrower goes into banishment, and if not, he does not go into banishment, as it says, “As when a man goes into the forest with his neighbor” (Deut. 19:5): the forest is a domain accessible to the victim and to the slayer and it therefore excludes the court of the householder where the victim has no right of entry. Abba Shaul says: “Hewing of wood is an optional act and it therefore excludes a father beating his son, or a master disciplining his pupil, or an agent of the court [administering lashes].”

And direct roads were made leading from one to the other, as it says, “You shall prepare the way and divide the borders of your land into three parts” (Deut. 19:3). And they delegate to him two disciples of the Sages [as escorts] in case anyone attempted to slay him on the way, and that they might speak to him. Rabbi Meir says: “He may [even] plead his cause himself, as it says, “And this is the word of the manslayer” (Deut. 19:4).

And direct roads were made leading from one to the other, as it says, “You shall prepare the way and divide the borders of your land into three parts” (Deut. 19:3). And they delegate to him two disciples of the Sages [as escorts] in case anyone attempted to slay him on the way, and that they might speak to him. Rabbi Meir says: “He may [even] plead his cause himself, as it says, “And this is the word of the manslayer” (Deut. 19:4).

One who eats of first fruits previous to the recital over them (Deut. 26:3-10); Of most holy things outside of the Temple curtains (Exodus 27:9); Of lesser holy things or of second tithe, outside the city wall (Deut. 12:17-18). One who breaks a bone of a ritually clean Passover offering receives forty [lashes] (Exodus 12:46); But one who leaves over a clean [Passover offering] (Exodus 12:10), or breaks a bone of an unclean [Passover offering], is not given forty [lashes].

One who eats of first fruits previous to the recital over them (Deut. 26:3-10); Of most holy things outside of the Temple curtains (Exodus 27:9); Of lesser holy things or of second tithe, outside the city wall (Deut. 12:17-18). One who breaks a bone of a ritually clean Passover offering receives forty [lashes] (Exodus 12:46); But one who leaves over a clean [Passover offering] (Exodus 12:10), or breaks a bone of an unclean [Passover offering], is not given forty [lashes].

The handle is a handbreadth long and a handbreadth wide, its tip reaching to the edge of the [offender’s] abdomen. He administers one-third [of the lashes] in front and two-thirds behind. He lashes him not in a standing or sitting position but stooping, as it says, “And the judge shall cause him to fall [stoop] down” (Deut. 25:2). He who administers the lashes lashes with his one hand and with his whole force.

And the one who recites, says: “If you fail to observe faithfully all the terms of this Teaching…the Lord will inflict upon you extraordinary plagues (lashes)” (Deut. 25:58-59) And then (if time remains) he returns to the beginning of the section. [“Therefore observe faithfully all the terms of this covenant” (Deut. 28:9) and he completes by saying, “And He is merciful, forgiving iniquity” (Psalms 78:38).] If the offender dies under his hand, he is exempt [from penalty]. If he gave him one more lash and the offender died, he goes into banishment. If the offender befouled himself either with feces or urine, he is exempt. Rabbi Judah says: “Feces in the case of a man and [even] urine in the case of a woman.

And the one who recites, says: “If you fail to observe faithfully all the terms of this Teaching…the Lord will inflict upon you extraordinary plagues (lashes)” (Deut. 25:58-59) And then (if time remains) he returns to the beginning of the section. [“Therefore observe faithfully all the terms of this covenant” (Deut. 28:9) and he completes by saying, “And He is merciful, forgiving iniquity” (Psalms 78:38).] If the offender dies under his hand, he is exempt [from penalty]. If he gave him one more lash and the offender died, he goes into banishment. If the offender befouled himself either with feces or urine, he is exempt. Rabbi Judah says: “Feces in the case of a man and [even] urine in the case of a woman.

All who have incurred [the penalty of] kareth, on being flogged are exempt from their punishment of kareth, for it says, “[He may be given up to forty lashes, but not more] ... lest your brother shall be dishonored before your eyes” (Deut. 25;3) once he has been lashed he is [considered] “your brother”, the words of Rabbi Hananiah ben Gamaliel. Rabbi Hananiah ben Gamaliel said: “Just as one who transgresses one transgression forfeits his life, how much more does one who performs one commandment have his life granted him.” Rabbi Shimon says: “You can learn this from its own passage; as it says: “[All who do any of those abhorrent things] such persons shall be cut off from their people” (Lev. 18:29), and it says: “You shall keep my statutes and my ordinances which if a man do, he shall live by them” (Lev. 18:5), which means that one who desists from transgressing is granted reward like one who performs a precept. Rabbi Shimon bar Rabbi says: Behold [the Torah] says, “But makes sure that you do not partake of the blood; for the blood is the life, and you must not consume the life with the flesh…[that it may go well with you and with your descendents to come..” (Deut. 12:23-25”-- now, if in the case of blood which a person’s soul loathes, anyone who refrains from it receives reward, how much more so in regard to robbery and sexual sin for which a person’s soul craves and longs shall one who refrains from them acquire merit for himself and for generations and generations to come, to the end of all generations!

All who have incurred [the penalty of] kareth, on being flogged are exempt from their punishment of kareth, for it says, “[He may be given up to forty lashes, but not more] ... lest your brother shall be dishonored before your eyes” (Deut. 25;3) once he has been lashed he is [considered] “your brother”, the words of Rabbi Hananiah ben Gamaliel. Rabbi Hananiah ben Gamaliel said: “Just as one who transgresses one transgression forfeits his life, how much more does one who performs one commandment have his life granted him.” Rabbi Shimon says: “You can learn this from its own passage; as it says: “[All who do any of those abhorrent things] such persons shall be cut off from their people” (Lev. 18:29), and it says: “You shall keep my statutes and my ordinances which if a man do, he shall live by them” (Lev. 18:5), which means that one who desists from transgressing is granted reward like one who performs a precept. Rabbi Shimon bar Rabbi says: Behold [the Torah] says, “But makes sure that you do not partake of the blood; for the blood is the life, and you must not consume the life with the flesh…[that it may go well with you and with your descendents to come..” (Deut. 12:23-25”-- now, if in the case of blood which a person’s soul loathes, anyone who refrains from it receives reward, how much more so in regard to robbery and sexual sin for which a person’s soul craves and longs shall one who refrains from them acquire merit for himself and for generations and generations to come, to the end of all generations!

Even in such a place where the letting of a house has been permitted, they did not say [that this was permitted if it was] for the purpose of a residence, since the idolater will bring idols into it; for it says, “you shall not bring an abomination into your house” (Deut. 7:26). In no place may one let a bath-house to an idolater, as it is called by the name of the owner.

If idolaters worship mountains and hills these are permitted; but what is upon them is prohibited, as it is says, “you shall not covet the silver or the gold that is on them and take them” (Deut. 7:25). Rabbi Yose the Galilean says: [it says] “their gods on the mountains” (Deut. 12:, not their mountains which are their gods; “their gods on the hills” (ibid.), not their hills which are their gods. And why is an asherah prohibited? Because there was manual labour connected with it, and whatever has manual labour connected with it is prohibited. Rabbi Akiba said: let me expound and decide [the interpretation] before you: wherever you find a high mountain or elevated hill or green tree, know that an idolatrous object is there.

If idolaters worship mountains and hills these are permitted; but what is upon them is prohibited, as it is says, “you shall not covet the silver or the gold that is on them and take them” (Deut. 7:25). Rabbi Yose the Galilean says: [it says] “their gods on the mountains” (Deut. 12:, not their mountains which are their gods; “their gods on the hills” (ibid.), not their hills which are their gods. And why is an asherah prohibited? Because there was manual labour connected with it, and whatever has manual labour connected with it is prohibited. Rabbi Akiba said: let me expound and decide [the interpretation] before you: wherever you find a high mountain or elevated hill or green tree, know that an idolatrous object is there.

If [a Jew] has a house next to an idolatrous shrine and it collapsed, he is forbidden to rebuild it. What should he do? He withdraws a distance of four cubits into his own ground and build there. [If the wall] belonged both to him and the shrine, it is judged as being half and half. Its stones, timber and rubbish defile like a creeping thing, as it says, “you shall utterly detest it” (Deut. 7:26). ] Rabbi Akiba says: [it defiles] like a menstruous woman, as it says, “[and you will treat as unclean the silver overlay of your images and the golden plating of your idols]. You will cast them away like a menstruous woman. Out, you will call to them” (Isaiah 30:22), just as a menstruous woman impurifies [an object] by carrying it, so also an idolatrous object defiles by its being carried.

Whoever causes the multitudes to be righteous, sin will not occur on his account; And whoever causes the multitudes to sin, they do not give him the ability to repent. Moses was righteous and caused the multitudes to be righteous, [therefore] the righteousness of the multitudes is hung on him, as it is said, “He executed the Lord’s righteousness and His decisions with Israel” (Deut. 33:21). Jeroboam, sinned and caused the multitudes to sin, [therefore] the sin of the multitudes is hung on him, as it is said, “For the sins of Jeroboam which he sinned, and which he caused Israel to sin thereby” (I Kings 15:30).

Rebbi Zeïra in the name of Rav Jeremiah: One who is in doubt whether he said Grace after his meal or not, must say Grace, since it is written (Deut. 8:10): “You will eat and be satiated, then you must praise the Eternal, your God”. One who who is in doubt whether he prayed or not, may not pray, against the opinion of Rebbi Yoḥanan who said: If only one would pray the whole day long, why? Because prayer is never in vain! About one who is in doubt whether he recited (the Shema‘) or not we may hear from this: He who recites (the Shema‘) before that time did not fulfill his duty. And before that time is it not doubtful? This means that one who is in doubt whether he recited (the Shema) or not must recite again.

Is has been stated: The Tree of Life is wide a parcourse of 500 years. Rebbi Yehudah ben Rebbi Ilaï said: not only its crown but even its stem.All the splitting of primeval waters splits under it since (Ps. 1:3) “He shall be like a tree planted on split waters.” It has been stated: The Tree of Life is one sixtieth of the Garden. (Gen. 2:10) “And a river originated in Eden to irrigate the Garden.” The remainder of a kur is a triple qab, a sixtieth. The remainder of Africa is Egypt, a sixtieth. We find that it is said that Egypt can be traversed in 40 days. Black Africa can be traversed in slightly more than seven years. But the teachers say [the sky is determined] by the days of the patriarchs (Deut. 11:21) “like the days of the sky over the earth.” And just as the sky over the earth is at a distance of a way of 500 years so between one sky and the next is a way of 500 years and its thickness is a way of 500 years. Why did you see fit to say the thickness of the sky is a way of 500 years? Rebbi Abun said (Gen. 1:6): “There shall exist a spread-sky within the water.” The spread-sky shall be in the middle. Rav said: the sky was wet on the first day and jelled on the second day. Rav said: “There shall exist a spread-sky”: the sky shall strengthen, the sky shall jell, the sky shall solidify, the sky shall be spread. Rebbi Yehudah ben Pazi said: The sky (רקיע) shall be made like a piece of cloth, just as it is said (Ex. 39:3) “They stretched (וירקעו) out the gold sheets.”

MISHNAH: The school of Shammai say: In the evening, everyone must bend down and recite and in the morning they should stand up since it is said (Deut. 6:7): “when you sit in your house or go on the road, when you are lying down and when you are getting up.” But the school of Hillel say: everyone should recite in the position he is in, since it says “or go on the road.” In that case, why does it say: “when you are lying down and when you are getting up;” this means the time when people go to sleep and the time when they are getting up.

Rebbi Ismael did formulate: In the Torah there are forbidden matters and permitted matters. There are easy parts and severe parts. But in the words of the Sages all are severe. You can realize that this is so since we have stated (Mishnah Sanhedrin 11:5): “If he says there is no obligation of Tefillin against the words of the Torah he is not criminally liable. If he says that Tefillin have five sections, to add to the words of the Sages, he is guilty.” Rebbi Ḥananiah, the son of Rebbi Ada, in the name of Rebbi Tanḥum the son of Rebbi Ḥiyya: The words of the Sages carry more weight than those of the prophets, since it is written (Micah 2:6): “Do not preach, they preach; Do not preach to those, that shame does not reach you.” And it is written (Micah 2:11) “I shall preach to you for wine and liquor.” The relation of prophet and scholar can be compared to the case of a king who sent two of his palmatars to a province. About one of them he wrote, if he does not show you my seal and σημαντήθιον, do not believe him. About the other one he wrote, even if he does not show you my seal, believe him without seal and σημαντήθιον. So about a prophet is written (Deut. 13:2) “He gives you a sign or miracle.” But here it is written (Deut. 17:11): “According to the teachings that they will teach you”.

Rebbi Ismael did formulate: In the Torah there are forbidden matters and permitted matters. There are easy parts and severe parts. But in the words of the Sages all are severe. You can realize that this is so since we have stated (Mishnah Sanhedrin 11:5): “If he says there is no obligation of Tefillin against the words of the Torah he is not criminally liable. If he says that Tefillin have five sections, to add to the words of the Sages, he is guilty.” Rebbi Ḥananiah, the son of Rebbi Ada, in the name of Rebbi Tanḥum the son of Rebbi Ḥiyya: The words of the Sages carry more weight than those of the prophets, since it is written (Micah 2:6): “Do not preach, they preach; Do not preach to those, that shame does not reach you.” And it is written (Micah 2:11) “I shall preach to you for wine and liquor.” The relation of prophet and scholar can be compared to the case of a king who sent two of his palmatars to a province. About one of them he wrote, if he does not show you my seal and σημαντήθιον, do not believe him. About the other one he wrote, even if he does not show you my seal, believe him without seal and σημαντήθιον. So about a prophet is written (Deut. 13:2) “He gives you a sign or miracle.” But here it is written (Deut. 17:11): “According to the teachings that they will teach you”.

MISHNAH: One must mention the Exodus in the night. Rebbi Eleazar ben Azariah said to them: Here I am about 70 years old and I could not succed in proving that the Exodus must be mentioned every night until Ben Zoma derived it from the verse (Deut. 16:3): “… that you should remember the day of your leaving Egypt the entire days of your life.” The days of your life - the days. The entire days of your life - the nights. But the Sages say, the days of your life - this world; The entire days of your life - this includes the times of the Messiah.

Bar Qappara said: One has to focus his attention only during the first three verses. It was stated thus: (Deut. 6:7) “You should repeat” until there is the obligation of focussed attention; from there starts the obligation of repetition.

So far in the middle of a section. Or even in the middle of a verse? Rebbi Jeremiah gave hints. Rebbi Jonah made himself understood. Rebbi Ḥuna, Rav Joseph: (Deut. 6:7) “You may talk in them”, from here that one is authorized to talk between them.

MISHNAH: The following are “between the sections”: between the first benediction and the second, between the second and Shema‘, between Shema‘ and (Deut. 11:13) “it shall be when you will really listen”, between “it shall be when you will really listen” and (Num. 15:37) “the Eternal spoke”. Between “the Eternal spoke” and “true and outstanding”. Rebbi Yehudah said, between “the Eternal spoke” and “true and outstanding” one may not interrupt.

Women from where? (Deut. 11:19) “And you should teach them to your sons”, and not to your daughters. Anyone who is obliged to study Torah is obliged for tefillin, women who are not obliged to study Torah are not obliged for tefillin. They objected, but did not Michal, the daughter of the Kushi, wear tefillin, and did not the wife of Jonah make the pilgrimage to the Temple, and the sages did not object. Rebbi Ḥisqiah in the name of Rebbi Abbahu: Jonah’s wife was turned back, the sages forbade it to Michal the daughter of Kushi.

Rebbi Zeïra in the name of Rav Abba bar Jeremiah: A person may not enter a cemetery and relieve himself there. When he did it anyway, about him the verse says (Prov. 17:5) “He who makes fun of the poor blasphemes his Maker.” Clarification: The great Rebbi Ḥiyya and Rebbi Jonathan were walking before the bier of Rebbi Simeon bar Yose bar Laqonia when Rebbi Jonathan stepped over his grave. The great Rebbi Ḥiyya said to him: About that they will say, tomorrow they will be with us but they hurt us. He answered him, do they know anything? Is it not written: (Prov. 9:5) “But the dead do not know anything.” He told him: you know how to read, you do not know how to preach. (Prov. 9:5) “The living know that they will die”, these are the Just who even in death are considered living; “but the dead do not know anything;” these are the wicked who even in life are called dead. From where that the wicked even in life are called dead? It is said (Ez. 18:32) “For I have no pleasure in the death of the dead;” how can a dead person die? But these are the wicked who even in life are called dead. And from where that the Just even in death are considered living? It is written (Deut. 34:4) “And He said to him: This is the land I had sworn to Abraham, Isaac, and Jacob, to tell.” Why does the verse say “to tell”? He said to him: go and tell the patriarchs that all I had promised I fulfilled to your descendants after you.

New Section.He who reads backwards has not fulfilled his obligation. Rebbi Jonah said that Rav Naḥman bar Ada stated, Rebbi Yose said that Naḥman the Old stated, (Deut. 6:6) “They shall be”, they shall be unaltered. We have stated: The same holds for Hallel and the reading of the Esther scroll.

Rebbi Samuel bar Rav Isaac in the name of Rav Ḥuna: One should not stand and pray while he keeps a coin in his hand; (having the coin) in front of him is forbidden, at his back it is allowed. Rebbi Yasa used to bind them together and grab them in his hand. And for money matters, (Deut. 14:25) “you shall bind the money together in your hand”, only in your hand. Rebbi Yose bar Abun thus taught his son-in-law Rebbi Hillel.

Rebbi Abun said: It is written (Deut. 16:3) “So that you should remember the day of your exodus from Egypt the totality of the days of your living;” the days when you are occupied with the living, not the days that you are occupied with the dead.

HALAKHAH: Women from where? (Deut. 11:19) “You must teach them to your sons.” To your sons but not to your daughters.

Slaves from where? (Deut. 6:4): “Hear, o Israel, the Eternal, our Power, the Eternal is unique.” He who has only one Lord, this excludes the slave who has another lord.

And for mezuzah, as it is written (Deut. 6:9): “You shall write them on the doorpost of your house and your gates.

And grace after meals, as it is written (Deut. 8:10): “You will eat and be satiated; then you must praise the Eternal, your God.”

It is stated: “For every obligation that a man is free of, he may help the congregation to fulfill their obligation, except for Grace.” But have we not stated: “Anybody who is not obligated may not help the congregation to fulfill their obligation”? If he were obligated, he could help them to fulfill even if he himself already fulfilled it! Rebbi Lia said: There is a difference about Grace since it is written (Deut. 8:10): “You will eat and be satiated, then you must praise the Eternal, your God;” he who ate must give praise. Rebbi Yose and Rebbi Judah ben Pazi were sitting together and saying: It would be reasonable for reciting the Shema‘ that every single person should repeat it aloud. It would be reasonable for prayer that every single person should pray for mercy by himself.

HALAKHAH: It is written (Deut. 11:13) “To love the Eternal, your God, and to work for Him with all yor heart and all your soul,” does there exist work in the heart? This refers to prayer. And so it says (Dan. 6:17): “Your God, whom you serve permanently, may rescue you.” Is there any service in Babylonia? This refers to prayer.

It is stated: “One should pray neither out of conversation, nor out of jokes, nor out of frivolities, nor out of idle occupations, but out of words of Torah. Similarly, one should not take leave from one’s friend either out of conversation, or out of jokes, or out of frivolities, or out of idle occupations, but out of words of Torah, since we find that the earlier prophets were closing their words with expressions of praise and consolation.” Rebbi Eleazar said, except for Jeremiah who closed with words of reprobation. Rebbi Yoḥanan said to him, still he closed with words of consolation and said (Jer. 51:64) “So Babylon shall sink.” Because Jeremiah continued to prophesy about the Temple. One could think that he closed with the destruction of the Temple, but the verse states (Jer. 51:64) “So far the words of Jeremiah,” he finished with the downfall of its destroyers, he did not close with words of reprobation. But is it not written (Is. 66:24): “They will be a horror for all flesh?” That verse deals with Gentiles. But is it not written (Lament. 5:22): “But You much despised us”? (Lament. 5:21) “Make us return” replaces “But You much despised us”. Also Elijah did take leave from Elisha only out of words of Torah, (2Kings 2:11) “they walked talking.” What did they talk of? Rebbi Aḥawa the son of Rebbi Zeïra said, they discussed the recitation of Shema‘, (Deut. 6:7) “you should talk about them.” Rebbi Judah ben Pazi said, they were discussing Creation, (Ps. 33:6) “through the word of the Eternal the heavens were made.” Rebbi Yudan, the son of Rebbi Ayvu, said, they were occupied with the consolations of Jerusalem, as you say (Is. 40:2) “Speak to Jerusalem’s heart.” But the rabbis say, they were occupied with the Divine Chariot, as you say (2Kings 2:11) “behold, a chariot of fire and horses of fire, etc.”

Rebbi Yoḥanan said: A covenant is sealed that he who labors at his studies in the synagogue will not quickly forget. Rebbi Ḥanina from Ein Tana said: A covenant is sealed that he who labors at his studies in modesty will not quickly forget. What is the reason? (Prov. 11:2) “Wisdom is with the modest.” Rebbi Yoḥanan said: A covenant is sealed that he who studies homiletics from a book will not quickly forget. Rebbi Tanḥum said: He who understands what he has learned will not quickly forget. What is the reason? (Deut. 4:9) “That you shall not forget the things your eyes understood.”

Rebbi Jonah in the name of Rebbi Tanḥum ben Rebbi Ḥiyya, He who sees a disquieting dream must say: “May it be Your pleasure, o Eternal, my God and God of my fathers, that all my dreams that I dreamed, in this night or in any other night, whether I dreamed or others dreamed about me, if they are good they should be fulfilled for me in enjoyment and joy, blessing and life. If they are something else then, just as You turned bitter water to sweet waters, the waters of Jericho to sweet ones through Elisha, and the curse of the son of Beör to a blessing, so may You turn all bad dreams, including what others dreamed about me, to good, blessing, healing, life, joy and enjoyment, and peace. (Ps. 30:12–13) ‘You turned my wailing into a dance, you opened my sackcloth and girded me with joy. So that the liver may sing to You and never be silent; o Eternal, my God, I shall eternally thank You! (Deut. 23:6) The Eternal, your God, refused to listen to Bileam, the Eternal, your God, turned curse into blessing since the Eternal, your God, loves you. (Jer. 31:12) Then the maiden will rejoice in dance, young and old men together; I shall turn their mourning to enjoyment and I shall console them and give them joy out of their hurt.’ ”

Rebbi Yoḥanan was sitting and reciting in front of the Babylonian synagogue of Sepphoris. The prefect passed by and he did not get up before him. They wanted to whip him; he said to them: Let him, he is occupied in the laws of his Creator. Rebbi Ḥanina and Rebbi Joshua ben Levi appeared before the proconsul of Caesarea. He saw them and rose before them. They said to him, you get up before these Jews? He said to them, I saw faces of angels. Rebbi Jonah and Rebbi Jose appeared before Ursicinus in Antiochia. He saw them and rose before them. They said to him, you get up before these Jews? He said, I win in battle if I see the faces of these. Rebbi Abun appeared before the king. When he left, he turned his neck. They came and wanted to kill him but they saw two sparks of fire emanating from his neck, so they let him go, to affirm what is said (Deut. 28:10): “All peoples of the earth will see that the Name of the Eternal is called over you and they will be afraid of you.”

HALAKHAH: It is written (Ps. 24:1): “The Eternal’s are the earth and what is in it, the dry land and its inhabitants.” He who profits from the world commits larceny until good deeds will permit him. Rebbi Abbahu said, it is written (Deut. 22:9) “Lest the fullness of the seed that you sow and the yield of the vineyard should be forbidden.” The entire world and its contents are like a vineyard. What is its redemption? The benediction. Rebbi Ḥizqiah, Rebbi Abun in the name of Rebbi Simeon ben Laqish: (Ps. 16:2) “Say to the Eternal, You are my Master, my good is only with You.” If you ate and recited the benedictions then it is as if you ate from your own. Another explanation: “My good is בל with you”, I am feeding My goodness to your body. Another explanation: “My good is בל with you”, all good things may be mixed together and come to you. Rebbi Aḥa said, what is “only with you?” I shall not bring any good things to the world without you. As it is said (Gen. 41:44) “Without you nobody may lift his hand.” Rebbi Ḥiyya stated: (Lev. 19:24) “Holy for praises”, this shows that it needs benediction before and after. From here did Rebbi Aqiba say that nobody should taste anything before he gives praise.

Three who ate together and one wants to leave, Rav said he should recite the first benediction, then he may leave. What is the first benediction? In the Yeshivah of Rav they said, the benediction of invitation. Rebbi Zeïra in the name of Rav Jeremiah: that is “He Who feeds all.” Rebbi Ḥelbo, Rav Ḥanan in the name of Rav: that is “He Who feeds all.” Rav Sheshet objected, but a baraita disagrees: “Two, three are obliged to recite Grace.” If you want to say the benediction of invitation is the first one, one should state “four.” They found stated “four.” If you want to say this is “He Who feeds all”, it is difficult. If you want to say that it is “He Who is good and does good”, you cannot do that, there is a difference because Rav Huna said that “He Who is good and does good” was fixed after permission was received to bury the slain of Betar, “He Who is good” because the dead did not decompose and “He Who does good” that they could be buried. Rav Huna said, you may explain it following Rebbi Ismael since Rebbi Ismael said, “He Who is good and does good” is an obligation from the Torah as it is written (Deut.8:10): You will eat and be satiated, then you must praise, that is the benediction of invitation; the Eternal, your God, that is “He Who feeds all”; for the Land, that is the benediction over the Land; the good one, that is the benediction “builder of Jerusalem” [and so it says (Deut. 3:25) “this good mountain and the Lebanon”]; that He gave you, that is “He Who is good and does good”.

Three who ate together and one wants to leave, Rav said he should recite the first benediction, then he may leave. What is the first benediction? In the Yeshivah of Rav they said, the benediction of invitation. Rebbi Zeïra in the name of Rav Jeremiah: that is “He Who feeds all.” Rebbi Ḥelbo, Rav Ḥanan in the name of Rav: that is “He Who feeds all.” Rav Sheshet objected, but a baraita disagrees: “Two, three are obliged to recite Grace.” If you want to say the benediction of invitation is the first one, one should state “four.” They found stated “four.” If you want to say this is “He Who feeds all”, it is difficult. If you want to say that it is “He Who is good and does good”, you cannot do that, there is a difference because Rav Huna said that “He Who is good and does good” was fixed after permission was received to bury the slain of Betar, “He Who is good” because the dead did not decompose and “He Who does good” that they could be buried. Rav Huna said, you may explain it following Rebbi Ismael since Rebbi Ismael said, “He Who is good and does good” is an obligation from the Torah as it is written (Deut.8:10): You will eat and be satiated, then you must praise, that is the benediction of invitation; the Eternal, your God, that is “He Who feeds all”; for the Land, that is the benediction over the Land; the good one, that is the benediction “builder of Jerusalem” [and so it says (Deut. 3:25) “this good mountain and the Lebanon”]; that He gave you, that is “He Who is good and does good”.

For Torah there is written a benediction before, but no benediction is written after. What is written before it? (Deut. 32:3) “For I am invoking the name of the Eternal, attribute greatness to our God.” For food there is written a benediction after, but no benediction is written before. What is written after it? (Deut. 8:10): “You will eat and be satiated, then you must praise”. From where that which is said about one on the other and vice-versa? Rebbi Samuel bar Naḥmani in the name of Rebbi Jonathan: The Name is mentioned in both verses as parallel expressions. Just as the Name that is mentioned concerning Torah implies a benediction before, so the Name that is mentioned concerning food implies a benediction before. And just as the Name that is mentioned concerning food implies a benediction after, so the Name that is mentioned concerning Torah implies a benediction after. That follows Rebbi Aqiba. What following Rebbi Ismael? Rebbi Yoḥanan in the name of Rebbi Ismael, an inference from the lesser to the greater. If food that needs no explicit benediction before, needs a benediction afterwards, regarding Torah that needs a benediction before, it is only logical that it should need a benediction afterwards. That works for Torah; what about food? If Torah that needs no benediction afterwards, needs a benediction before, regarding food that needs a benediction afterwards, it is only logical that it should need a benediction before. Rebbi Isaac and Rebbi Nathan say, (1Sam. 9:13): “For he will recite the benediction over the sacrifice and after that the invited guests will eat.” Rebbi Nathan said, (Ex. 23:24) “you shall serve the Eternal, your God and give praise for your bread and your water”; when is it called your bread and your water, before you eat. Rebbi said, if he has to give praise when he ate and is satiated, somuch more at a time when he is hungry for food. That is for food, what about Torah? If food, which sustains only temporary life, needs a benediction before and after, Torah, which sustains eternal life, so much more.

For Torah there is written a benediction before, but no benediction is written after. What is written before it? (Deut. 32:3) “For I am invoking the name of the Eternal, attribute greatness to our God.” For food there is written a benediction after, but no benediction is written before. What is written after it? (Deut. 8:10): “You will eat and be satiated, then you must praise”. From where that which is said about one on the other and vice-versa? Rebbi Samuel bar Naḥmani in the name of Rebbi Jonathan: The Name is mentioned in both verses as parallel expressions. Just as the Name that is mentioned concerning Torah implies a benediction before, so the Name that is mentioned concerning food implies a benediction before. And just as the Name that is mentioned concerning food implies a benediction after, so the Name that is mentioned concerning Torah implies a benediction after. That follows Rebbi Aqiba. What following Rebbi Ismael? Rebbi Yoḥanan in the name of Rebbi Ismael, an inference from the lesser to the greater. If food that needs no explicit benediction before, needs a benediction afterwards, regarding Torah that needs a benediction before, it is only logical that it should need a benediction afterwards. That works for Torah; what about food? If Torah that needs no benediction afterwards, needs a benediction before, regarding food that needs a benediction afterwards, it is only logical that it should need a benediction before. Rebbi Isaac and Rebbi Nathan say, (1Sam. 9:13): “For he will recite the benediction over the sacrifice and after that the invited guests will eat.” Rebbi Nathan said, (Ex. 23:24) “you shall serve the Eternal, your God and give praise for your bread and your water”; when is it called your bread and your water, before you eat. Rebbi said, if he has to give praise when he ate and is satiated, somuch more at a time when he is hungry for food. That is for food, what about Torah? If food, which sustains only temporary life, needs a benediction before and after, Torah, which sustains eternal life, so much more.

It is written (Neh. 8:6): “Ezra praised the Eternal, the great God.” In what did he declare Him great? He declared Him great by the Explicit Name. Rav Mattanah said, he declared Him great by a benediction. Rebbi Simon in the name of Rebbi Joshua ben Levi: Why are they called the Men of the Great Assembly? Because they returned the Crown to its former status. Rebbi Phineas said, Moses fixed the formula of benediction, (Deut. 10:17) “the Great, Strong, and Awesome God.” Jeremiah said (Jer. 32:18): “the Great, Strong God,” but he left out “Awesome.” Why did he say “the Strong”? He may rightly be called strong because He sees the destruction and is silent. And why did he not say “the Awesome”? Awesome is only the Temple, as it is said (Ps. 68:36): “Awesome is the Eternal from Your holy place.” Daniel said (Dan. 9:4): “the Great and Awesome God,” he did not say “the Strong”; His sons are put in neck-irons, where is His strength? Why did he say: “the Awesome?” He may well be called “the Awesome” by the wonders He did for us in the fiery oven. But when the Men of the Great Assembly came,they restituted Greatness to its former place, “the Great, Strong, and Awesome God.” Does flesh and blood have power to set limits in these matters? Rebbi Isaac ben Eleazar said, the prophets know that their God is Truth and they will not fawn before him.