deut

Rebbi Aḥa said: Three things were said about the cup of Grace: full, decorated, and washed. All three come from one verse (Deut. 33:23): “Naphtali is satiated with goodwill, full of the blessings of the Eternal.” Satiated - decorated, goodwill - washed, full as its acception. Rebbi Ḥanina said, if you did so, what is written there: “West and South his inheritance,” you merit to inherit this world and the world to come.

“One does not recite the benediction over a lamp unless one has profited from its light.” Rav says y’utu, and Samuel says y‘utu. He who says y’utu, (Gen. 34:15) “But with this we shall be agreeable (nē’ôt) to you.” He who says y‘utu, (Is. 50:4) “To know, to inform (lā‘ût) the weary of wisdom.” There (Mishnah Erubin 5:1) we have stated: How does one complete cities? Rav says m’abbrin, and Samuel says m‘abberin. He who says me’abberin, one adds a limb (אבר) to it. And he who says me‘abberin, like a pregnant (עוברה) woman. There (Mishnah Avodah Zarah 1:1) we have stated: Before the holidays of the Gentiles. Rav says ‘êdêhen and Samuel says ’êdêhen. He who says ’êdêhen, (Deut. 32:35) “For the day of their misfortune (אידם) is near.” He who says ‘êdêhen, (Is.44:9) “They are their witnesses (עידיהם), may they neither see nor know, so that they may come to naught.” How does Samuel deal with Rav’s reason? They are their witnesses, in the future they will bring to naught their worshippers on the day of judgment.

It is stated: One answers Amen after a Gentile who recited a benediction for the Eternal, [but if he recited a benediction with the Name one does not answer.] Rebbi Tanḥuma said, if a Gentile blesses you, answer after him Amen since it is written (Deut. 7:14) “You shall be blessed by all peoples.” A Gentile met Rebbi Joshua and blessed him. He answered: The word about you has already been said. He met a second one who cursed him; he answered: The word about you has already been said. His students said to him: Rebbi, did you say to the one what you said to the other? He said to them, so it is written (Gen. 27:29): “Those who curse you are cursed, but those who bless you are blessed.”

(Jewish) Christians asked Rebbi Simlai: How many aspects of divinity created the world? He answered them: Are you asking me? Go and ask the first Adam, as it is said (Deut. 4:32): “Please ask the first days etc.” It does not say there “when gods created man on the earth” but “from the day that God created man on the earth”. They said to him, but it is written (Gen. 1:1): “In the beginning, ĕlōhīm created …” He said to them: Is it written “they created” (plural)? It says “he created” (singular). Rebbi Simlai said, every place where the Christians read heretic meanings, their answer is at that place.

They came back and asked him: What is that which is written (Deut. 4:8): “Where is a great people that has ĕlōhīm close to them?” He answered them, it is not written: “Like the Eternal, our ĕlōhīm, always when we call on them”, but “always when we call on Him.” His students told him: Teacher, these you pushed away with a stick, what can you answer us? He said to them, he is close in all kinds of closeness, as Rebbi Phineas said in the name of Rebbi Yehudah bar Simon: Idolatry seems close but is very far. What is the reason? (Is. 46:7) “They take it on the shoulder, carry it, etc.” Finally, his god is with him in the house and he cries until he dies but that one will not hear and not save him from his distress. But the Holy One, praise to Him, seems to be far away when there is no one closer than Him, as Levi said: From the earth to the (first) heaven is a distance of 500 years’ walk. From one heaven to the next is a distance of 500 years’ walk. The thickness of each heaven is a distance of 500 years’ walk. And Rebbi Berekhiah and Rebbi Ḥelbo in the name of Red Rebbi Abba said, also the toes of the heavenly Ḥayot are a length of 515 years’ walk, the number YŠRH. See how much higher He is than His world! But a person enters the synagogue, stands behind a pillar, prays in a whisper, and the Holy One, praise to Him, listens to his prayer, as it has been said (1Sam. 1:13): “Hannah spoke to herself, only her lips were moving, but her voice was not heard.” But the Holy One, praise to Him, listened to her prayer. And so it is with all His creatures, as it has been said (Ps. 102:1): “Prayer of the poor when he wraps himself up,” just like a man whispering into the ear of his friend and the latter understands. Can you have a God who is closer than that to His creatures, from mouth to ear?”

Rebbi Yudan in the name of Rebbi Isaac said it in four versions. Flesh and blood has a protector. When they tell him, your client was arrested, he will say: I will protect him. When they tell him, he is going before a court, he will say: I will protect him. When they tell him, he is taken to be hanged, where is he and where is his protector? But the Holy One, praise to Him, saved Moses from the sword of Pharao; that is what is written (Ex. 18:4): “He saved me from the sword of Pharao.” Rebbi Yannai said, it is written (Ex. 2:15): “Moses fled from before Pharao.” Is it possible for flesh and blood to flee from the government? But at the moment when Pharao arrested Moses, he sentenced him to have him beheaded. The sword slipped off the neck of Moses and broke. That is what is written (Songs 7:5): “Your neck is like the ivory tower,” that is Moses’s neck. Rebbi said, Rebbi Eviathar: Not only that, but He moved the sword from the neck of Moses on the neck of the executioner and killed him. That is what is written: “He saved me from the sword of Pharao.” He saved me, but killed the executioner. Rebbi Berekhiah quoted on this (Prov. 21:18) “The evil one is ransom for the just one.” Rebbi Abun quoted on this (Prov. 11:8): “The just will be extricated from distress, the evil one will take his place.” Bar Qappara stated: An angel came down and appeared to them in the shape of Moses. They arrested the angel and Moses fled. Rebbi Joshua ben Levi said: when Moses fled from before Pharao, all his troops became dumb, deaf, or blind. He asked the dumb, where is Moses? But they could not speak. He asked the deaf, they could not hear. He asked the blind, they could not see. That is what the Holy One, praise to Him, said to Moses (Ex. 4:11): “Who gave man a mouth, or who makes dumb?” There it upheld you and here you do not want to uphold. That is what is written (Deut. 4:8): “Who is like the Eternal, our ĕlōhīm, always when we call on Him!”

Rebbi Tanḥuma said: A happening with a ship of Gentiles that sailed the great sea and on it was a Jewish child. There came upon them a big storm; each one got up, took his idol in his hand and called upon it, without result. When they saw that it was of no use, they said to that Jew: Son, get up, call on your God, for we heard that He answers you when you cry and He is strong. The child immediately got up with a full heart and cried; the Holy One, praise to Him, received his prayer and the sea quited down. When they came to dry land, each one descended to buy his needs. They said to that child, do you not want to buy anything for yourself? He said to them, what do you want from that unhappy stranger. They said to him: Are you an unhappy stranger? They are an unhappy stranger; they are here and their errors are in Babylonia, they are here and their errors are in Rome, they are here and their errors are with them, but are of no use to them. But you, everywhere you go, your God is with you. That is what is written (Deut. 4:7): “Like the Eternal, our God, always when we call on Him!”

He who sees beautiful trees or beautiful people says: Praise to Him Who created beautiful creatures in His world. It happened that Rabban Gamliel saw a beautiful Gentile woman and recited a benediction over her. Did not say Rebbi Zeïra in the name of Rebbi Yose bar Ḥanina in the name of Rebbi Yoḥanan (Deut. 7:2): “Do not favour them,” do not ascribe charm to them? He did not say “may there be no harm” but “Who created beautiful creatures in His world,” since even if one sees a beautiful horse or a beautiful donkey, one says: Praise to Him Who created beautiful creatures in His world. Does Rabban Gamliel usually look at women? It was a curved road, like a pwpsdws; he looked at her because he could not avoid her.

Elijah, may he be well remembered, asked Rebbi Nehorai: Why do earthquakes occur in the world? He said to him, because of sin concerning heave and tithes. One verse says (Deut. 11:12): The eyes of the Eternal, your God, are permanently on it. Another verse says (Ps. 104:32): He who gazes on the Earth and it trembles, He touches mountains and they smoke. How can these two verses coexist? If Israel fulfill the will of the Omnipresent and separate their tithes following the rules, “the eyes of the Eternal, your God, are permanently on it from the start to the end of the year” and they will not be hurt by anything. If Israel do not fulfill the will of the Omnipresent and do not separate their tithes following the rules, “He gazes on the Earth and it trembles.” He said to him, my son, that is the reasonable explanation. But the main thing is that if the Holy One, praise to Him, sees theatres and circuses existing in safety and quiet, but His temple is destroyed, He is menacing His world to destroy it; that is what is written (Jer. 25:30): “He will roar on His Place,” about His place. Rebbi Aḥa said, because of homosexual activity. The Holy One, praise to Him, said: You made your member tremble for something that is not for you; by your life, I shall make My world tremble because of that man. But the rabbis said, because of quarrels (Zach. 14:5): “You will flee by the valley of the mountains, for the valley of the mountains will reach Aẓel.” Rebbi Samuel said, an earthquake presages a change of government, as one says (Jer. 51:29): “The earth quaked and trembled,” why? “for the intentions of the Eternal overtake Babylon.”

MISHNAH: One is required to recite a benediction for bad things the same way it is said for good things, as it is written (Deut. 6:5): “You must love the Eternal, your God, with all your heart, all your soul, and all your force.” “With all your heart,” with your two instincts, the goodinstinct and the bad instinct. “With all your soul,” even if He takes your soul. “With all your force,” with all your money. Another explanation: “With all your force,” for every measure that He measures for you, for everything thank him very much. A person should not behave improperly before the Eastern gate, which lies in a straight line with the Holiest of Holies. And one should not enter the Temple Mount with his walking stick, sandals, money belt, or dust on his feet. Also one should not use it as a short cut, and certainly not spit there. All endings of benedictions in the Temple were “from eternity.” When heretics did err and said that there was only one world, they ordained that one should say “from eternity to eternity.” They also instituted that one should greet his friend by the Name, as it was said (Ruth 2:4): “Lo, Boaz came from Bethlehem and said to the harvesters: The Eternal be with you!” And it says (Pr. 23:22): “Be not contemptuous because your mother got old.” (Ps. 119:126) “It is time to work for the Eternal; they violated Your Torah.” Rebbi Nathan says, they violated Your Torah, it is time to work for the Eternal.

Rebbi Aqiba was tortured before the evil Tineius Rufus. There came the time for reciting the Shema‘. He started to read and laughed. He said to him: Old man, you are either a sorcerer or one contemptuous of suffering. He said to him: The spirit of this man should be blown away; I am neither a sorcerer nor contemptuous of sufferings. But all my life I read this verse and said, when will I have occasion for these three (Deut. 6:5): “You must love the Eternal, your God, with all your heart, all your soul, and all your force.” I loved Him with all my heart. I loved Himwith all my money. But whether with all my soul I could not test. But now, when “with all your soul” came, the time of reciting the Shema‘ has arrived and my mind has not wavered, therefore I am reciting and laughing. He had not finished speaking when his soul flew away.

Neḥemiah from Emmaus served Rebbi Aqiba for 20 years and he taught him “את and גם mean additions, אך and רק mean exclusions.” He asked him: What means that which is written (Deut. 6:13) “את the Eternal, your God, you must fear.” He said to him, Him and His Torah.

It happened that Rebbi Yeshebab went and let his entire property be distributed to the poor. Rabban Gamliel sent to him: Did they not say one fifth of one’s property for good deeds? And was not Rabban Gamliel before Usha? Rebbi Yose ben Rebbi Abun, Rebbi Levi: That was the current practice, they forgot it, but the later ones got up and agreed to the opinion of the earlier ones, to teach you that everything the Court insists on will come to be in the end, just as Moses was told on Sinai; as Rebbi Mana said (Deut. 32:47): “For it is not an empty word, from you,” if it is empty it is from you because you do not exert yourself about it. “Because it is your life,” when is it your life? At the time that you exert yourself!

King Monobaz distributed all his property to the poor. His relatives sent to him: Your forefathers added to what they had and to what their forefathers had, and you wasted yours and that of your forefathers. He said to them, that is correct! My forefathers locked it up in the earth, I locked it up in Heaven, as it is said (Ps. 85:12): “Truth will sprout from the earth, but charity will gaze from Heaven.” My fathers locked up treasures that bring no interest, but I locked up treasures that bring interest as it is said (Is. 3:10): “Say to the giver of charity that he did a good deed, that they will eat the fruits of their intentions.” My forefathers collected in a place over which a (human) hand rules, but I collected in a place over which no hand rules, as it is said (Ps. 97:2): “Charity and truth are the foundations of His throne.” My forefathers collected money but I collected souls, as it is said (Prov. 11:30): “He who acquires souls is wise.” My forefathers collected for others but I collected for myself, as it is said (Deut. 24:13): “Charity will be your property.” My forefathers collected in this world but I collected for the future world, as it is said (Prov. 10:2): “But charity will save from death.” And does he not die? But that he should not die an eternal death in the future world.

And Torah study. They asked Rebbi Joshua: May a person teach Greek to his son? He said to them, he may teach him at an hour that is neither day nor night as it is written (Jos. 1:8): “You shall meditate about it day and night.” If it is so, a man would be forbidden to teach a profession to his son since it is written: “You shall meditate about it day and night.” But Rebbi Ismael stated (Deut. 30:19): “Choose life!” That refers to a profession. Rebbi Abba, son of Rebbi Ḥiyya bar Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Because of informants. Rebbi Abbahu in the name of Rebbi Joḥanan: A person may teach Greek to his daughter since it is an ornament for her. Simeon bar Abba heard that and said: Because he wants to teach his daughters, he attaches it to Rebbi Joḥanan. It should come over me if I ever heard it from Rebbi Joḥanan.

It is said (Lev. 19:3): “Everybody must fear his mother and his father,” and it is said (Deut. 6:13): “You must fear the Eternal, your God, and serve Him.” This brackets the fear of father and mother with the fear of Heaven. It is said (Ex. 20:12): “Honor your father and your mother,” and it is said (Prov. 3:9): “Honor the Eternal with your property.” This brackets the honor of father and mother with the honor of the Omnipresent. Is is said (Ex. 21:17): “He who curses his father or his mother shall be put to death,” and it is said (Lev. 24:19): “Everybody who curses his God must bear his sin.” This brackets cursing father and mother with cursing the Omnipresent. It is impossible to speak about hitting relative to the Deity. All this is logical since all three of them are partners in his creation.

Rebbi Aḥa in the name of Rebbi Abba bar Cahana: It is written (Prov.5:6): “She does not smooth the way of life, her tracks deviate and you will not notice it.” The Holy One, praise to Him, moved the rewards of those who fulfill the commandments (to the future world) so that they should act in faith. Rebbi Aḥa in the name of Rebbi Isaac: It is written (Prov. 4:23): “Observe carefully all which must be kept, for from it comes life,” observe carefully all you were told in the Torah, for you do not know from which of them will life come to you. Rebbi Abba bar Cahana said, the verse equals the easiest commandment with the most difficult one. The easiest commandment is sending away the mother. The most difficult one is honoring father and mother. For both of them it is written: “Your days will be lengthened.” Rebbi Abun said, if for something that is repayment of debt it is written (Deut. 5:16): “That you shall be well and that your days shall be lengthened,” so much more something that involves monetary loss and personal danger. Rebbi Levi said, this one is greater; repaying a debt is greater than fulfilling an obligation that does not involve repaying a debt. Rebbi Simeon ben Ioḥai stated: Just as their rewards are the same, so their punishments are identical. (Prov.30:17) “The eye that scoffs at the father and despises to obey the mother,” the eye that scoffs about honoring father and mother and despises the commandment not to take the mother with the chicks, “the river ravens should pick it out,” the cruel raven should come, pick it out, and not have any enjoyment from it, “the sons of the eagle should eat it,” the merciful eagle should come and enjoy it.

Rebbi Mana understood all of them from this verse (Deut. 32:47): “Because it is not an empty word from you,” that is the study of Torah, “because it is your life,” that is honoring father and mother, “and by this you will have a long life,” that are works of kindness, “on the earth,” that is making peace between men.

Where is a warning about calumny? (Deut. 23:10) “Keep yourself from every evil word!” Rebbi La said that Rebbi Ismaël stated (Lev.19:10): “Do not walk around as slanderer among your people,” that is slandering, calumny. Rebbi Nehemiah stated that you should not be like a trader who carries things from one person to another and vice versa.

It was stated: One may sow vegetable seeds and tree seeds together. But he who sows with grape kernels is whipped 40 times. Rebbi Zeïra said, it is written (Deut. 22:9): “Do not sow your vineyard with two kinds;” the main produce of your vineyard you should not sow with two kinds. Rebbi Yudan from Kappadokia asked before Rebbi Yose: There they say that tree seeds are called seeds but here you say that tree seeds are not called seeds. He said to him: There the verse excluded them since usually people do not call them “seeds,” but here the verse added (Lev. 11:37) “any sown seed that may be sown.”

Some would understand it from here: (Deut. 24:21) “When you harvest your vineyard.” How do you understand this? Rebbi Jonah said, do not be punctilious, as you say (Lament. 1:22) “to punish them repeatedly.” (Deut. 24:21) “When you shake your olive tree.” How do you understand this? Rebbi Jonah said (Lev. 19:27): “Do not round off the peah of your head.” Since olive and vineyard are special in that they are harvested at one time for storage, so also everything that is harvested at one time for storage is obligated. But olive and vineyard are special in that they are subject to first fruits and subject to peah, so only that which is subject to first fruits should be subject to peah. The verse says (Lev. 19:9): “Your harvest,” even the harvest of rice and millet.

Some would understand it from here: (Deut. 24:21) “When you harvest your vineyard.” How do you understand this? Rebbi Jonah said, do not be punctilious, as you say (Lament. 1:22) “to punish them repeatedly.” (Deut. 24:21) “When you shake your olive tree.” How do you understand this? Rebbi Jonah said (Lev. 19:27): “Do not round off the peah of your head.” Since olive and vineyard are special in that they are harvested at one time for storage, so also everything that is harvested at one time for storage is obligated. But olive and vineyard are special in that they are subject to first fruits and subject to peah, so only that which is subject to first fruits should be subject to peah. The verse says (Lev. 19:9): “Your harvest,” even the harvest of rice and millet.

Just as you say for the harvest that its collection must be at one time in order to qualify for peah, should one say that the same is true for the laborer? Rebbi Jonah said, there is a difference since it says (Deut.23:26): “You may pluck rubbed ears,” even of something that is not stored.

It turns out that Rebbi Aqiba is like the stores of Bene Ḥanun as it has been stated: Why were the stores of Bene Hanun destroyed three years before the destruction of the Temple? Because they eliminated produce from the duty of tithes since they were inferring (Deut. 14:22) “You should certainly give tithes,” that excludes the buyer, (Deut. 14:23) “You should eat,” that excludes the vendor.

It turns out that Rebbi Aqiba is like the stores of Bene Ḥanun as it has been stated: Why were the stores of Bene Hanun destroyed three years before the destruction of the Temple? Because they eliminated produce from the duty of tithes since they were inferring (Deut. 14:22) “You should certainly give tithes,” that excludes the buyer, (Deut. 14:23) “You should eat,” that excludes the vendor.

HALAKHAH: What is the reason of Rebbi Eliezer? It says here “your field” and it says about kilaim “your field”. Just as “your field” mentioned there means a bet rova‘, so here it means bet rova‘. What is the reason of Rebbi Joshua? It says here “your field” and it says further on (Deut. 24:19): “You might forget a sheaf on the field.” Just as the field mentioned there means two, so here also two. What is the reason of Rebbi Ṭarphon? Six by six from a vegetable patch. “Rebbi Joshua ben Bathyra says, if it is enough to cut and cut a second time, and practice follows his words.” Does “harvesting” mean following the technique of harvesters, or is it any amount? Since it is written (Ps. 129:7): “The harvester did not fill his palm with it, nor the binder of sheaves his bosom,” that means that one follows the technique of harvesters.

It was stated: “And the appearance.” Rebbi Yose in the name of Rebbi Joḥanan: He who owns no real estate is freed from the appearance. Rebbi Mana asked: And why do we not say: He who has no real estate is freed from the declaration, since it is written (Deut. 26:15): “From the land that You gave us.” Rebbi Yose ben Rebbi Abun taught a tradition in the name of Rebbi Joḥanan: “He who has no real estate is freed from the declaration, since it is written: From the land that You gave us.”

HALAKHAH: Rebbi Jehudah said it well, what is the reason of the Rabbis? Rebbi Yose in the name of Rav, Rebbi Ḥizqiah, Rav Jehudah in the name of Samuel: It is written (Deut. 24:19): “If you forget a sheaf on the field.” If you forget the standing grain. What applies to forgetting while it is standing also applies to forgetting sheaves, but what does not apply to forgetting while it is standing, does not apply to forgetting sheaves.

From where that gleanings in doubt are gleanings? Rebbi Samuel ben Naḥman in the name of Rebbi Jonathan: “Poor and rich, justify him” in his gifts. Rebbi Simeon ben Laqish in the name of Bar Qappara: (Ex. 23:6) “Do not bend the lawsuit of your destitute.” In his lawsuit, you may not bend, but you may bend for him in his gifts. Rebbi Joḥanan said, he acquires in this case, as Rebbi instructed us (Lev. 19:10, 23:22): “abandon,” put something before him of your own. Rebbi La said, it is written (Deut. 24:19–21): “It shall be the sojourner’s, the orphan’s, and the widow’s;” give him both from yours and from his!

It was stated: The house of Rabban Gamliel intercalated immediately after the end of the Sabbatical year. Rebbi Avin said, from this you do not infer anything. (Deut. 16:1) “Watch the spring month.” Watch it that it should come in its renewal.

HALAKHAH: A sheaf forgotten by the workers but not by the owner is not a forgotten sheaf since it is written (Deut. 24:19): “When you harvest and you forget.” If the owner forgot but the workers did not, it is not a forgotten sheaf since it is written: “When you are harvesting and you forget.” Rebbi Simeon ben Jehudah says in the name of Rebbi Simeon: Even if donkey drivers passing by on the road saw a sheaf forgotten by the workers but not by the owner, it is not a forgotten sheaf unless everybody forgot it.

If he stood in town and said: I know that the workers are forgetting sheaves at place X; if they forgot it is not a forgotten sheaf. If he stood on the field and said: I know that the workers are forgetting sheaves at place X; [if they forgot] it is a forgotten sheaf, since it says (Deut. 24:19): “On your field and you forget a sheaf.” On the field you forget, but in town you do not forget. Rebbi Zeïra in the name of Samuel: The same holds in regard to found objects. Where are we holding? If he may touch it, in the city, even inside his field. Rebbi Abba bar Cahana, Rebbi Yasa in the name of Rebbi Joḥanan: Only if he can touch them, even inside his field.

HALAKHAH: Rebbi Jonah says, from the top, as you say (1Sam. 17:5): “A brass helmet on his head.” Round bundles, Rebbi Avinah said, from the bottom, as you say (Deut. 32:34): “It is hidden with me.” חֲרָרָה a wheel. Small sheaves, Rebbi Joḥanan said (Deut. 24:19): “When you will be harvesting the harvest of your field and you forget a sheaf on the field,” just as harvest has no other harvest after it, so too a sheaf, which has no other sheaf-making after it.

HALAKHAH: Rebbi Jonah says, from the top, as you say (1Sam. 17:5): “A brass helmet on his head.” Round bundles, Rebbi Avinah said, from the bottom, as you say (Deut. 32:34): “It is hidden with me.” חֲרָרָה a wheel. Small sheaves, Rebbi Joḥanan said (Deut. 24:19): “When you will be harvesting the harvest of your field and you forget a sheaf on the field,” just as harvest has no other harvest after it, so too a sheaf, which has no other sheaf-making after it.

MISHNAH: Heads of rows, the sheaf next to it proves, and a sheaf that was taken up to be brought to town and then was forgotten, they all agree that they never are forgotten sheaves. The following describe heads of rows: Two who started in the middle of the row, one turned North and the other turned South, and they forgot before them or after them. The one before them is a forgotten sheaf, the one after them is not a forgotten sheaf. A single person who started at the head of a row and forgot before and after himself. The one before him is not a forgotten sheaf, but the one after him is a forgotten sheaf because it falls under (Deut. 24:19) “do not return to take it.” This is the principle: Anything that falls under “do not return to take it,” is a forgotten sheaf, but anything that does not fall under “do not return to take it,” is not a forgotten sheaf.

HALAKHAH: From where about heads of rows? Rebbi Jonah said, it is written (Deut. 24:19): “When you are harvesting your harvest on your field and you forget,” what you harvest you can forget. That refers to the start of rows of standing grain. End of rows of standing grain? Rebbi Jonah said, “do not return to take it.” From the place you came from you should not return to take it. So far, about starts of rows of sheaves, ends of rows of sheaves? Rebbi Jonah said, we learn starts of rows of sheaves from starts of rows of standing grain and ends of rows of standing grain from ends of rows of sheaves.

Rebbi Abin said, the reason of the House of Shammai (Deut.24:19,20,21): “It shall belong to the stranger, the orphan, and the widow.” The reason of the House of Hillel (Lev. 19:10): “For the poor and the stranger.” Rebbi Mana said, both of them explained the same verse, “it shall belong to the stranger, the orphan, and the widow.” The House of Shammai say, for the poor, and the House of Hillel say, for the proprietor.

HALAKHAH: Rebbi Eleazar said, it is written (Deut. 24:19): “When you are harvesting your harvest on your field and you forget a sheaf on the field,” a sheaf to which you may stretch out your hand and take it. Some Tannaïm stated: “And you forget a sheaf,” but not a stack.

Rebbi Jonah said (Deut. 24:19): “When you are harvesting your harvest on your field and you forget a sheaf on the field,” a sheaf containing two seah that was forgotten is not “forgotten sheaf.” Standing produce containing two seah that was forgotten is not “forgotten sheaf.” Rebbi Yose said, considering only the ears. If they were thin, one looks at them as if they were long, if they were scorched, one looks at them as if they were full.

HALAKHAH: Rebbi Illa said, it is written (Deut. 24:19): “When you are harvesting your harvest on your field and you forget a sheaf on the field,” a sheaf surrounded by harvest and not a sheaf surrounded by standing produce. And why a sheaf surrounded by harvest and not a sheaf surrounded by standing produce? Under a sheaf surrounded by harvest is the field, under a sheaf surrounded by standing produce is straw.

There we have stated: “If someone sets fire to a stack in which were hidden vessels, Rebbi Jehudah says, he pays for all that was in it. But the Sages say, he only pays for a stack of wheat or barley.” The argument of Rebbi Jehudah is inverted; there he says to include the hidden things, but here he says to exclude the hidden things. There (Ex. 22:5) “and a stack or standing grain was consumed.” I understand that since it says “standing grain” it includes a stack. Why does the verse add “a stack?” In order to include the hidden things. But here (Deut. 24:10) “your field,” in the open, to exclude anything hidden. The argument of the rabbis is inverted; there they say to exclude the hidden things, but here they say to include the hidden things. There, “or standing grain or a field,” just as a field is in the open, so all must be in the open. But here, “your field,” in the open, to exclude that which is hidden; “your harvest,” in the open, to exclude that which is hidden. That is a restriction after a restriction and every restriction after a restriction is only to add the hidden things.

HALAKHAH: Rebbi La said, it is written (Deut. 24:19): “You will forget a sheaf on the field,” a sheaf you forget forever; this excludes one you certainly will remember after some time.

Rebbi Yose said, nobody applied the law of forgotten sheaves to olive trees except Rebbi Aqiba, for he drew inferences from “behind you, behind you.” Then there should be no “forgotten sheaf” for olive trees following Rebbi Yose who does not draw inferences from “behind you.” They objected, is not a sheaf subject to “forgotten sheaves”, and there it is not written “behind you.” Since it is written (Deut. 24:19): “Do not return to take it,” it is as if “behind you” were written there.

MISHNAH: A vineyard that produces only gleanings, Rebbi Eliezer says, they are for the proprietor, Rebbi Aqiba says, for the poor. Rebbi Eliezer said (Deut. 24:21): “When you gather your grapes … do not take the gleanings after it.” If there is no vintage, where are the gleanings? Rebbi Aqiba told him (Lev. 19:10): “Do not take gleanings from your vineyard,” even if it is all gleanings. If that is so, why does it say “when you gather your grapes … do not take the gleanings after it;” the poor have no right to the gleanings before the vintage.

HALAKHAH: It was stated: A quarter of rice, an ukla of spices, a pound of vegetables, three qab carob, half a log of wine, a quarter of a log of olive oil, ten nuts, five peaches, two pomegranates, one etrog. What is the reason? (Deut. 26:12) “They shall eat in your gates and be satiated,” give him to satisfy him. Ḥizqiah asked his father: From where do we get all these amounts? He said to them, a pebble supports a tower. Rebbi Ḥananiah was sitting before Rebbi Ilaï, the latter was giving a reason and the former destroyed it, the latter was giving a reason and the former destroyed it, until he said to him, is it not depraved to destroy instead of building up?

MISHNAH: He who has 50 zuz and uses them for trade should not take. One who has no need to take but takes will not die of old age until he needs the creatures. One who has need to take but does not take will not die of old age until he can provide for others from what is his; for him is was said (Jer. 17:7): “Blessed be the man who will be confident in the Eternal, the Eternal will be his trust.” The same applies to a judge who delivers strictly true judgment. But one who is neither lame nor blind nor limping and presents himself as such will not die from old age until he will be one of them, as it is said (Deut. 16:20): “Justice, justice you shall pursue.” But every judge who takes bribes and bends the law will not die from old age until his eyes are dimmed, as it is said (Ex. 23:8): “Do not take bribes, for bribes blind the eyes of the seeing.”

Rebbi Ḥinena bar Pappai used to distribute his charity in the night. Once the prince of spirits encountered him. He said to him, did not our teacher teach us (Deut 19:14): “Do not displace your neighbor’s boundaries.” He said to him, but is it not written (Prov. 21:14): “A gift in secret appeases anger.” He was afraid of him and fled from him.

They said that Rebbi Joḥanan was putting in order everything he ate, even red meat, even an egg. His students said to him: Did our teacher not teach us (Deut. 14:22): “You shall certainly tithe all the yield of your field.” He was worried about the fluids in it.

Did we not state: “Eye medication from a pagan temple is forbidden to use?” There is a difference, since it is written (Deut. 13:16): “Nothing banned should stick to your hands.” What is the difference between this and grape skins from Gentiles? Are these not also forbidden to use? But dried skins are not forbidden because of idolatrous use.

There, we have stated: “He who turns over cow dung in the public domain and a third party was hurt, is liable for damages.” It was also stated: “It is forbidden because of robbery.” Cahana said, only if he turned it over in order to acquire it. But if he did not turn it over in order to acquire it, about that one does not speak. But as regards damages, there is no difference whether he turned it over in order to acquire it or he did not turn it over in order to acquire it; if a third party was hurt, he is liable for damages. And here, you say so? Rebbi Abun said, there it is written (Ex. 21:34): “The one responsible for the pit shall pay,” the one responsible for the damage shall pay. But here (Deut. 14:22): “You shall give tithes,” you give tithes from your property but not from other people’s property.

Rebbi Yannai had made a proviso for certain produce. He asked the Great Rebbi Ḥiyya, may one fix this on the Sabbath? He said to him (Deut. 14:23): “That you should learn to fear the Eternal, your God, all the days,” including the Sabbath. How did you see a way to be so lenient, my initiative depends on me! He said to him, in the future you will carry leadership in Israel.

HALAKHAH: It is written: (Lev. 19:19) “you should not sow your field kilaim;” I could think, even two kinds of wheat or two kinds of barley. “You should not breed your animals kilaim;” I could think, even black on white cattle, or white on black cattle. “And kilaim cloth, שעטנז, should not be worn by you;” I could think, even two kinds of wool or two kinds of linen. It was made explicit about garments, (Deut. 22:11) “do not wear שעטנז, wool and linen together.” Just as for garments where I forbade you two kinds, neither one is of the genus of the other, so kilaim that I forbade you at any place, neither one is of the genus of the other.

Rebbi Ḥuna said, what is the reason of Rebbi Jehudah? (Deut. 11:10) “That you irrigated with your feet as in a vegetable garden.” What is the measure of a foot sole? A hand-breadth.

HALAKHAH: It is written (Deut. 22:9): “Do not sow kilaim in your vineyard.” This refers to your own vineyard. From where about another person’s vineyard? The verse says, kilaim, no vineyard and no kilaim. Rebbi Eleazar said, this is Rebbi Meïr’s, for Rebbi Meïr said that a Gentile cannot acquire real estate in the Land of Israel to free it from tithes. Rebbi Joḥanan said, it is the opinion of everybody, explain it by a Gentile who sowed his vineyard kilaim and a Jew bought it from him.

“And grapes once they have grown to the size of white beans.” Rebbi Ḥananiah the son of Rebbi Hillel said, because it is written (Deut. 22:9): “And the produce of the vineyard.” So is the Mishnah: “They do not become sanctified”.

HALAKHAH: “Kilaim in a vineyard are forbidden,” etc. It is written (Deut. 22:9): “Do not sow kilaim in your vineyard.” Not only sowing, how about keeping? The verse says, vineyard and no kilaim. Does this follow Rebbi Aqiba, for Rebbi Aqiba said that he who keeps [kilaim] transgresses a prohibition? Rebbi Yose said, it is the word of everybody. Everybody agrees that what is forbidden is forbidden if he did not preserve through an action, but if he preserved through an action he is whipped, as it is stated: He who covers kilaim is whipped.

From where that it is forbidden for any use? It is said here (Deut. 22:9) “lest you sanctify it” and it is said elsewhere (lest it become sanctified by it). Since “lest” there means it is forbidden for any use, “lest” here means it is forbidden for all use. Some want to say, it is said here “lest you sanctify it” and it is said at another place “there shall be no qadeš among the Israelites.” Since qdš there means forbidden for any use, so qdš here must mean forbidden for any use. Rebbi Huna said, his sex act is forbidden for all use. Some want to understand it from the following, as Rebbi Ḥanina said, “lest you sanctify it”, lest fire should be kindled.”

It is written (Deut. 22:9): “Do not sow kilaim in your vineyard.” This teaches us that one is not guilty unless he sows two kinds in the vineyard, the words of Rebbi Josia. Rebbi Jonathan said, even one kind. In the opinion of Rebbi Jonathan it is written (Lev. 19:19) “in your field do not sow kilaim”, why does it say “do not sow kilaim in your vineyard”? The colleagues say, to make it sinful even with one kind. In the opinion of Rebbi Josia, “in your field do not sow kilaim”; why does it say “do not sow kilaim in your vineyard”? The colleagues say, as a warning. If he was warned about “your field”, he is whipped, if he was warned about “your vineyard”, he is whipped. Rebbi Abun bar Ḥiyya said, to give another measure besides six hand-breadths; here it is four cubits. What are we talking about? If he made a fence on the inside, the vineyard is abolished. If he made a fence on the outside, that is the circumference. But we deal with a field that was a grain field and he cleared four cubits in its midst. This agrees with what Rebbi Ḥanina said, nothing forbidden may form a separation to save. They were of the opinion that what is forbidden does form a separation to prohibit. In the opinion of Rebbi Jonathan it is written (Lev. 19:19): “In your field do not sow kilaim”, why does it say: “Do not sow kilaim in your vineyard”? For that which Rebbi Hila said, if you would say [the Torah] did not say it, what would you say? Or following what Rebbi Zeïra said, “do not sow your vineyard kilaim,” creating your vineyard do not sow kilaim.

“A person is permitted to plough and draw with all of them.” It is written (Deut. 22:10): “Do not plough with an ox and a donkey together.” (Sifri Deut. 231) You may not plough with an ox and a donkey but you may plough with an ox and a human, a donkey with a human.

“A person is permitted to plough and draw with all of them.” It is written (Deut. 22:10): “Do not plough with an ox and a donkey together.” (Sifri Deut. 231) You may not plough with an ox and a donkey but you may plough with an ox and a human, a donkey with a human.

HALAKHAH: “Only [wool and linen] are forbidden as kilaim”. It is written (Deut. 22:11): “Do not wear ša‘aṭnez, wool and linen together.” I would say one is only forbidden to wear it; the verse says (Lev. 19:19): “It shall not come on you.” If it shall not come on you I would say one may not carry a chest on his back; the verse says “do not wear.” Since a garment is specifically useful to the body, [included are] only things useful to the body. Why was it said that “it shall not come on you?” Rebbi Niḥa bar Sava, Rebbi Joḥanan in the name of Rebbi Zeïra, if there was a large piece of cloth, in a part of which was kilaim and that part was lying on the ground, one cannot cover himself with the other part. I would say, it includes even sea flax, even hemp; the verse says “wool and linen”; just as wool cannot have an epithet so nothing else can have an epithet. From where that [wool] has no epithet? Rebbi Joshua ben Levi said, it is written (2K. 3:4) “Mesha‘, the king of Moab, was a nôqēd;” what is a nôqēd? A shepherd! “He delivered to the king of Israel 100’000 lambs and 100’000 wool rams.” Only ram’s wool is called “wool”.

Rebbi Berekhiah asked Rebbi Ḥelbo. Rebbi Ḥelbo asked Rebbi Immi. Rebbi Immi asked Rebbi Eleazar. Rebbi Eleazar asked Rebbi Ḥanina, some say Rebbi Ḥanina asked Rebbi Joshua ben Levi: Even those like Jeroboam ben Nabat and his kind? He said to him, (Deut. 29:22) “Sulphur and salt, conflagration throughout the country.” Rebbi Berekhiah said, one asked the other and we understand nothing from it. What does it mean? Since the Land of Israel was burned, judgment was executed on it. We have stated in the name of Rebbi Jehudah: Seven years was the Land of Israel burned; that is what is written (Dan. 9:27) “The Covenant overtook the public for one week.” What did the Samaritans in it do? Pieces, pieces and it was burned.

Rebbi Bar Qiria and Rebbi Eleazar were talking a walk on the road when they saw coffins being brought into the Land from abroad. Rebbi Bar Qiria said to Rebbi Eleazar: What good is that going to do them? I am reading for them (Jer. 2:7) “My inheritance your considered an abomination” during your lifetime, “you came and made My Land impure” in your death. He said to him, when they arrive in the Land, one takes a lump of earth and puts it on the coffin, as it is written (Deut. 32:43) “His earth atones for His people.”

MISHNAH: Only spun and woven cloth is forbidden because of kilaim since it is said (Deut. 22:11): “Do not wear šaʻaṭnez”, anything carded, spun, or woven. Rebbi Simeon ben Eleazar said, he has turned aside and turned his Father in Heaven against him. Felt is forbidden because it is carded. A woolen border on a linen garment is forbidden because it goes around like the woven part. Rebbi Yose says, woven ropes are forbidden because he stitches them before he ties them. One should not bind a strip of wool on one of linen to gird his hips even if a leather belt is in between.

Rebbi Abba bar Zabdi in the name of Rebbi Onias from Hauran: Willow, water libation, and ten saplings are institutions of the early prophets. Do they disagree? Rebbi Yose ben Rebbi Abun in the name of Levi: That was the current practice; they forgot it, but the later ones got up and agreed to the opinion of the earlier ones to teach you that everything the Court insists on will come to be in the end just as Moses was told on Sinai; as Rebbi Mana said (Deut. 32:47): “For it is not an empty word, from you,” if it is empty it is from you because you do not exert yourself about it. “Because it is your life,” when is it your life? At the time that you exert yourself!

HALAKHAH: “Rice, millet,” etc. For produce they went after its being a third [ripe], for rice after roots taking hold, and for vegetables the collection is the time of its tithing. From where that they could go after its being a third [ripe] for produce? (Deut. 16:16) “From your threshing-floor and from your wine-press.” “From your threshing-floor”, not all your threshing-floor, “from your wine-press”, not all your wine-press. Then also if it is less than a third [ripe]? Rebbi Zeïra said, it is written (Deut. 14:22): “Tithe! You should tithe all produce of your seed,” something which may be sown and will sprout; this excludes produce less than a third [ripe] which when sown will not sprout. Then one should tithe the first third for the past and the other two thirds for the future! Rebbi Joḥanan said, from the holiday of Tabernacles. Just as Tabernacles belongs to the next year but you celebrate it for the past, so this one is for the future and you celebrate it for the past.

HALAKHAH: “Rice, millet,” etc. For produce they went after its being a third [ripe], for rice after roots taking hold, and for vegetables the collection is the time of its tithing. From where that they could go after its being a third [ripe] for produce? (Deut. 16:16) “From your threshing-floor and from your wine-press.” “From your threshing-floor”, not all your threshing-floor, “from your wine-press”, not all your wine-press. Then also if it is less than a third [ripe]? Rebbi Zeïra said, it is written (Deut. 14:22): “Tithe! You should tithe all produce of your seed,” something which may be sown and will sprout; this excludes produce less than a third [ripe] which when sown will not sprout. Then one should tithe the first third for the past and the other two thirds for the future! Rebbi Joḥanan said, from the holiday of Tabernacles. Just as Tabernacles belongs to the next year but you celebrate it for the past, so this one is for the future and you celebrate it for the past.

One might say, this similarly applies to rice, millet, poppy seeds, and sesame! Rebbi Ḥuna bar Ḥiyya said, there it is impossible to recognize. They objected to Ḥuna bar Ḥiyya, was it not stated: He collects it together with his threshing, it turns out that he tithes from his seeds for his vegetable and from his vegetable for his fruits? Rebbi Yose said, Ḥuna bar Ḥiyya confirmed it; Rebbi Jonah, Ḥuna bar Ḥiyya in the name of Samuel: It is written (Deut. 14:22): “Tithe! You should tithe all produce of your seed,” you give one tithe in one year but not two tithes in one year. They objected, does not Egyptian bean require two tithes in one year? Was it not stated: He collects it together with his threshing, it turns out that he tithes from his seeds for his vegetable and from his vegetable for his fruits? Rebbi Zeïra said, it is written (Lev. 25:3): “Six years you shall sow your field and harvest.” Six sowings and six harvests, not six sowings and seven harvests. Rebbi Jonah said, we cannot hold with six but instead hold with seven; so it is: Six sowings and seven harvests, not six sowings and five harvests. They objected, does not Egyptian bean have six sowings and five harvests? As it was stated: He collects it together with his threshing, it turns out that he tithes from his seeds for his vegetable and from his vegetable for his fruits.

On which basis did they rule that for vegetables their collection is the time of tithing? (Deut. 16:16) “From your threshing-floor and from your wine-press.” Threshing-floor and wine-press are sustained by the waters of the preceding year, you go for them after the past. These live from the waters of the coming year, you go for them to the future. They objected, but Egyptian beans, if one sowed them for the beans, are tithed for the past, but if he sowed for vegetable, they are tithed for the future. Does it hold a charm [to know that] if one sowed them for the beans, they drink from the past year, but if he sowed them as vegetable, they drink from the future year?

Rebbi Jonah said (Deut. 28:40): “Your olives will fall off,” one in 340 were kept Rebbi Jonah said (Joel 2:22): “For the tree will bear its fruit” means that the tree is not bearing its fruit in this world, “and fig tree and vine will give their strength” means that they are not giving their strength in this world.

HALAKHAH: It is written (Deut. 12:1): “These are the statutes and the rules of law which you will be required to follow in the Land.” In the Land you are required to follow them but not outside the Land. Still we say obligations depending on the Land apply only in the Land, but we might think that obligations not depending on the Land also should apply only in the Land. The verse says (Deut. 11:16–18) “Guard yourselves, lest your heart be seduced … And the Eternal’s rage be inflamed against you, etc. Put these words on your hearts, etc.” Even if you are exiled. (Deut. 11:18) “Put these words on your hearts and your persons.” You have to say, for example tefillin and the study of Torah. Just as tefillin and the study of Torah do not depend on the Land and apply both in the Land and outside the Land, so everything not depending on the Land applies both in the Land and outside the Land.

HALAKHAH: It is written (Deut. 12:1): “These are the statutes and the rules of law which you will be required to follow in the Land.” In the Land you are required to follow them but not outside the Land. Still we say obligations depending on the Land apply only in the Land, but we might think that obligations not depending on the Land also should apply only in the Land. The verse says (Deut. 11:16–18) “Guard yourselves, lest your heart be seduced … And the Eternal’s rage be inflamed against you, etc. Put these words on your hearts, etc.” Even if you are exiled. (Deut. 11:18) “Put these words on your hearts and your persons.” You have to say, for example tefillin and the study of Torah. Just as tefillin and the study of Torah do not depend on the Land and apply both in the Land and outside the Land, so everything not depending on the Land applies both in the Land and outside the Land.

HALAKHAH: It is written (Deut. 12:1): “These are the statutes and the rules of law which you will be required to follow in the Land.” In the Land you are required to follow them but not outside the Land. Still we say obligations depending on the Land apply only in the Land, but we might think that obligations not depending on the Land also should apply only in the Land. The verse says (Deut. 11:16–18) “Guard yourselves, lest your heart be seduced … And the Eternal’s rage be inflamed against you, etc. Put these words on your hearts, etc.” Even if you are exiled. (Deut. 11:18) “Put these words on your hearts and your persons.” You have to say, for example tefillin and the study of Torah. Just as tefillin and the study of Torah do not depend on the Land and apply both in the Land and outside the Land, so everything not depending on the Land applies both in the Land and outside the Land.

If it is so, they should have been freed once they were exiled. It is written (Neh. 8:17): “All the congregation coming from captivity made Sukkot and sat in tabernacles … something nobody had done since the days of Joshua bin Nun.” Why Joshua? Rebbi Hillel, the son of Samuel ben Naḥmani: The verse damaged the reputation of the just person in his grave for the reputation of the just person in his time; it compares their coming in the days of Ezra to the coming in the days of Joshua. As at the coming in the days of Joshua they had been free and became obligated, also at the coming in the days of Ezra they had been free and became obligated. How did they become obligated? Rebbi Yose ben Ḥanina said, they became obligated by the words of the Torah; that is what is written (Deut. 30:5): “The Eternal, your God, will bring you to the Land that your fathers had inherited and you will inherit it.” Just as the inheritance of your fathers was by the words of the Torah, so your inheritance is by the words of the Torah. “He will be good to you and give increase to you more than to your forefathers.” Your fathers had been free and became obligated, also you had been free and became obligated. On your fathers was no yoke of government, but you even though there is on you the yoke of government. Your fathers did become obligated only after 14 years, seven they conquered and seven they distributed, but you became obligated immediately when you entered. Your fathers did become obligated only after they had acquired all, you become obligated for every single piece at the moment you acquire it.

Rebbi Simon ben Laqish went to Bostra; they came to him and said to him: Select for us a man as preacher, judge, scribe, reader; one who will do everything we need. He selected a Babylonian and said to him, I have a good place for you. He went to Rebbi Joḥanan who said to him, from Babylonia to Babylonia. Rebbi Jacob bar Abba said, since Rebbi Joḥanan said from Babylonia to Babylonia, that means one who buys there is not obligated. But is it not forbidden to go to Tyre, and if one buys there is he not obligated? It was found stated: A sign for Ammon, Moab, and the Land of Egypt: There are two regions. From the first one eats and it may be worked, from the other one eats and it may not be worked. Rebbi Joḥanan wanted to refer to (Deut. 4:43): “Beṣer in the prairie”. He asked Rebbi Simeon ben Laqish: Is Beṣer Bostra?

Rebbi Isaac bar Naḥman: Did not Rebbi Simeon ben Laqish ask Rebbi Ḥaninah: What is the status of one who buys in Ammon and Moab? Rebbi Zeïra said, I asked this question before Rebbi Assi: Are not Ammon and Moab from Moses? Rebbi Mana asked this question before Rebbi Ḥaggai: Are not Ammon and Moab from Moses? Ammon and Moab are not from Rebbi Eleazar ben Azariah! Rebbi Yose ben Rebbi Abun said, it is written (Num. 22:26): “For Ḥešbon is the city of Siḥon, the king of the Amorites.” Rebbi Simeon was not sure whether it was purified from the hand of Siḥon and Og or not. If you say it was purified it is obligated, if you say it was not purified it is free. Rebbi Tanḥuma said (Deut. 2:31): “Make profane for inheritance, to inherit his land.” I made his land profane before you.

It was stated: “For thirty days he will not come.” What means “for thirty days he will not come”? Samuel said, if somebody gives a loan to a person without specifying details, he has no right to ask for payment until after 30 days. Rav Jehudah came and explained (Deut. 15:9): “The Sabbatical year, the remitting year, is close.” Is not the Sabbatical year the remitting year? Why does the verse say: “The Sabbatical year, the remitting year, is close”? That you should not say, I am not permitted to ask for payment until after 30 days; after 30 days the debt will be remitted and I will not collect; therefore, it must say that “the Sabbatical year, the remitting year, is close.” Did not Rebbi Abba bar Mamal, Rav Amram, Rav Mattanah say in the name of Rav: If somebody makes a loan to another person stipulating that he will not press for repayment, the Sabbatical will remit it? It was found stated in the name of Rebbi Ismael (Deut. 15:9): “The Sabbatical year, the remitting year, is close.” Is not the Sabbatical year the remitting year? Why does it have to say, “the Sabbatical year, the remitting year, is close”? That you should not say, all six years long his field is before me, his vineyard is before me, but after six years the debt is remitted and I cannot collect; therefore, it has to say “the Sabbatical year, the remitting year, is close.”

It was stated: “For thirty days he will not come.” What means “for thirty days he will not come”? Samuel said, if somebody gives a loan to a person without specifying details, he has no right to ask for payment until after 30 days. Rav Jehudah came and explained (Deut. 15:9): “The Sabbatical year, the remitting year, is close.” Is not the Sabbatical year the remitting year? Why does the verse say: “The Sabbatical year, the remitting year, is close”? That you should not say, I am not permitted to ask for payment until after 30 days; after 30 days the debt will be remitted and I will not collect; therefore, it must say that “the Sabbatical year, the remitting year, is close.” Did not Rebbi Abba bar Mamal, Rav Amram, Rav Mattanah say in the name of Rav: If somebody makes a loan to another person stipulating that he will not press for repayment, the Sabbatical will remit it? It was found stated in the name of Rebbi Ismael (Deut. 15:9): “The Sabbatical year, the remitting year, is close.” Is not the Sabbatical year the remitting year? Why does it have to say, “the Sabbatical year, the remitting year, is close”? That you should not say, all six years long his field is before me, his vineyard is before me, but after six years the debt is remitted and I cannot collect; therefore, it has to say “the Sabbatical year, the remitting year, is close.”

“If somebody makes a loan on a pledge”, Samuel says, even on a needle. (Deut. 15:3): “What you have on your brother you shall release;” that excludes your brother’s [property] in your hand. “What you have on your brother you shall release,” which excludes one who hands over his documents to the court.

MISHNAH: A prozbol does not remit. This is one of the ordinances of Hillel the elder. When he saw that the people refrained from giving loans to one another and transgressed what is written in the Torah, as it is said (Deut. 15:9): “Guard yourself, lest there be in your heart an unworthy thought saying, etc.”, he instituted the prozbol. This is the essence of prozbol: I declare before you, judges X and Y at place Z, that I shall collect any debt due me any time I wish. The judges sign at the bottom or the witnesses.

Rebbi Ḥuna said, I asked before Rebbi Jacob ben Aḥa: Following him who says tithes [are from their words, it is understandable that Hillel instituted prozbol. But following him who says tithes] are from the Torah, does Hillel institute anything against the words of the Torah? Rebbi Yose said, from the moment that Israel was exiled to Babylonia, did they not become free from all commandments connected with the Land, but the remission of debts applies both in the Land and outside the Land from the words of the Torah [because it is an obligation of the person]? Rebbi Yose turned and said, (Deut. 15:2) “this is the word of the abandonment, remit” as long as abandonment is followed as a word of the Torah, remission of debts applies both in the Land and outside the Land from the words of the Torah, but when abandonment is followed as their word, remission of debts applies both in the Land and outside the Land from their word. There, they say that even one who holds that tithes are from the Torah will hold that the Sabbatical is from their word. As we have stated (Deut. 15:2): “this is the word of the remission, remit!” Rebbi says, these two remissions are the Sabbatical and the Jubilee. As long as the Jubilee is operative, the Sabbatical is from words of the Torah. If the Jubilees are abolished, the Sabbatical is operative from their words. When were the Jubilees abolished? (Lev. 25:10) “[All its] inhabitants.” In the time when its inhabitants lived on it, not when they went into exile. If they lived on it but intermingled, the tribe of Judah in Benjamin, and the tribe of Benjamin in Judah, I could think that the Jubilee is operative. The verse mentions its inhabitants, “All its inhabitants;” you find that when the tribes of Reuben, Gad, and half the tribe of Manasseh went into exile, the Jubilees were disestablished.

Rebbi Ḥuna said, I asked before Rebbi Jacob ben Aḥa: Following him who says tithes [are from their words, it is understandable that Hillel instituted prozbol. But following him who says tithes] are from the Torah, does Hillel institute anything against the words of the Torah? Rebbi Yose said, from the moment that Israel was exiled to Babylonia, did they not become free from all commandments connected with the Land, but the remission of debts applies both in the Land and outside the Land from the words of the Torah [because it is an obligation of the person]? Rebbi Yose turned and said, (Deut. 15:2) “this is the word of the abandonment, remit” as long as abandonment is followed as a word of the Torah, remission of debts applies both in the Land and outside the Land from the words of the Torah, but when abandonment is followed as their word, remission of debts applies both in the Land and outside the Land from their word. There, they say that even one who holds that tithes are from the Torah will hold that the Sabbatical is from their word. As we have stated (Deut. 15:2): “this is the word of the remission, remit!” Rebbi says, these two remissions are the Sabbatical and the Jubilee. As long as the Jubilee is operative, the Sabbatical is from words of the Torah. If the Jubilees are abolished, the Sabbatical is operative from their words. When were the Jubilees abolished? (Lev. 25:10) “[All its] inhabitants.” In the time when its inhabitants lived on it, not when they went into exile. If they lived on it but intermingled, the tribe of Judah in Benjamin, and the tribe of Benjamin in Judah, I could think that the Jubilee is operative. The verse mentions its inhabitants, “All its inhabitants;” you find that when the tribes of Reuben, Gad, and half the tribe of Manasseh went into exile, the Jubilees were disestablished.

MISHNAH: A predated prozbol is valid, postdated it is invalid. Predated documents of indebtedness are invalid, postdated they are valid. If one person borrows from five, one writes a prozbol for each single [creditor]. If five persons borrow from one, he writes only one prozbol for all of them. One writes prozbol only on the basis of real estate. If he has none, [the other party] gives him the right to a minute area of their field. If he had a field mortgaged in town, one writes a prozbol on it. Rebbi Ḥuẓpit says, one writes for a man on his wife’s properties and for orphans on those of the guardians. A bee hive. Rebbi Eliezer says, it is like real estate: one may write a prozbol on it, it is not subject to impurity in its place, and somebody who takes honey from it on the Sabbath is guilty. But the Sages say, it is not like real estate, one may not write a prozbol on it, it is subject to impurity in its place, and somebody who takes honey from it on the Sabbath is not sanctionable. If somebody returns a debt in the Sabbatical, he [the lender] says to him: “I am remitting.” If he [the borrower] says “anyway”, he [the lender] should accept it, for it is said (Deut. 15:2): “This is the word of remission”. Similarly, a homicide exiled to a city of refuge whom the citizens of the town wanted to honor, should say to them: I am a homicide. If they tell him, anyway, he should accept it, for it is said (Deut. 19:4): “This is the word of a homicide.”

MISHNAH: A predated prozbol is valid, postdated it is invalid. Predated documents of indebtedness are invalid, postdated they are valid. If one person borrows from five, one writes a prozbol for each single [creditor]. If five persons borrow from one, he writes only one prozbol for all of them. One writes prozbol only on the basis of real estate. If he has none, [the other party] gives him the right to a minute area of their field. If he had a field mortgaged in town, one writes a prozbol on it. Rebbi Ḥuẓpit says, one writes for a man on his wife’s properties and for orphans on those of the guardians. A bee hive. Rebbi Eliezer says, it is like real estate: one may write a prozbol on it, it is not subject to impurity in its place, and somebody who takes honey from it on the Sabbath is guilty. But the Sages say, it is not like real estate, one may not write a prozbol on it, it is subject to impurity in its place, and somebody who takes honey from it on the Sabbath is not sanctionable. If somebody returns a debt in the Sabbatical, he [the lender] says to him: “I am remitting.” If he [the borrower] says “anyway”, he [the lender] should accept it, for it is said (Deut. 15:2): “This is the word of remission”. Similarly, a homicide exiled to a city of refuge whom the citizens of the town wanted to honor, should say to them: I am a homicide. If they tell him, anyway, he should accept it, for it is said (Deut. 19:4): “This is the word of a homicide.”

Rebbi Yose said, I questioned before Samuel: But with bills of divorce, thought is not written and his action cannot prove his intention! As we have stated: “Everybody is permitted to write a bill of divorce, even an insane person, a deaf-mute, and a minor.” Rebbi Huna said, if a sane person directs him. Rebbi Joḥanan asked, is that (Deut. 24:1,3): “he writes for her”, for her personally? Rebbi Yose came back and said, there one person writes and another person divorces. But here, the same person thinks and takes heave. Rebbi Jacob bar Aḥa said, there, if he would write himself and divorce, would that not be a divorce? But here, he thinks and takes heave.

There, we have stated: “Everybody is obligated for appearance except the deaf-mute, the insane, and the minor.” The colleagues in the name of Rebbi Eleazar (Deut. 31:12): “So they should hear and learn.” So far one who speaks but cannot hear; what about one who hears but cannot speak? Rebbi La in the name of Rebbi Eleazar (Deut. 31:12): “So they should learn,” so they should teach. Rebbi Jonah said, this means that the principles of Rebbi are no principles, since we have stated: “A ḥereš who speaks but cannot hear should not give heave,” and we thought that one who hears but does not speak is ḥereš, one who speaks but does not hear is not ḥereš. But we have stated: “The ḥereš whose shoe was taken off, the female ḥereš who took off the shoe, and she who takes off the shoe of a minor, all performed invalid ceremonies.” And Rebbi Joḥanan said, because they cannot say (Deut. 25:8): “he shall say”, (Deut. 25:7,9) “she shall say.” We also have stated: “A “deaf person” mentioned anywhere by the Sages is a deaf-mute.” This supports Rebbi Jonah, for Rebbi Jonah said, this means that the principles of Rebbi are no principles.

There, we have stated: “Everybody is obligated for appearance except the deaf-mute, the insane, and the minor.” The colleagues in the name of Rebbi Eleazar (Deut. 31:12): “So they should hear and learn.” So far one who speaks but cannot hear; what about one who hears but cannot speak? Rebbi La in the name of Rebbi Eleazar (Deut. 31:12): “So they should learn,” so they should teach. Rebbi Jonah said, this means that the principles of Rebbi are no principles, since we have stated: “A ḥereš who speaks but cannot hear should not give heave,” and we thought that one who hears but does not speak is ḥereš, one who speaks but does not hear is not ḥereš. But we have stated: “The ḥereš whose shoe was taken off, the female ḥereš who took off the shoe, and she who takes off the shoe of a minor, all performed invalid ceremonies.” And Rebbi Joḥanan said, because they cannot say (Deut. 25:8): “he shall say”, (Deut. 25:7,9) “she shall say.” We also have stated: “A “deaf person” mentioned anywhere by the Sages is a deaf-mute.” This supports Rebbi Jonah, for Rebbi Jonah said, this means that the principles of Rebbi are no principles.

There, we have stated: “Everybody is obligated for appearance except the deaf-mute, the insane, and the minor.” The colleagues in the name of Rebbi Eleazar (Deut. 31:12): “So they should hear and learn.” So far one who speaks but cannot hear; what about one who hears but cannot speak? Rebbi La in the name of Rebbi Eleazar (Deut. 31:12): “So they should learn,” so they should teach. Rebbi Jonah said, this means that the principles of Rebbi are no principles, since we have stated: “A ḥereš who speaks but cannot hear should not give heave,” and we thought that one who hears but does not speak is ḥereš, one who speaks but does not hear is not ḥereš. But we have stated: “The ḥereš whose shoe was taken off, the female ḥereš who took off the shoe, and she who takes off the shoe of a minor, all performed invalid ceremonies.” And Rebbi Joḥanan said, because they cannot say (Deut. 25:8): “he shall say”, (Deut. 25:7,9) “she shall say.” We also have stated: “A “deaf person” mentioned anywhere by the Sages is a deaf-mute.” This supports Rebbi Jonah, for Rebbi Jonah said, this means that the principles of Rebbi are no principles.

There, we have stated: “Everybody is obligated for appearance except the deaf-mute, the insane, and the minor.” The colleagues in the name of Rebbi Eleazar (Deut. 31:12): “So they should hear and learn.” So far one who speaks but cannot hear; what about one who hears but cannot speak? Rebbi La in the name of Rebbi Eleazar (Deut. 31:12): “So they should learn,” so they should teach. Rebbi Jonah said, this means that the principles of Rebbi are no principles, since we have stated: “A ḥereš who speaks but cannot hear should not give heave,” and we thought that one who hears but does not speak is ḥereš, one who speaks but does not hear is not ḥereš. But we have stated: “The ḥereš whose shoe was taken off, the female ḥereš who took off the shoe, and she who takes off the shoe of a minor, all performed invalid ceremonies.” And Rebbi Joḥanan said, because they cannot say (Deut. 25:8): “he shall say”, (Deut. 25:7,9) “she shall say.” We also have stated: “A “deaf person” mentioned anywhere by the Sages is a deaf-mute.” This supports Rebbi Jonah, for Rebbi Jonah said, this means that the principles of Rebbi are no principles.

HALAKHAH: Rebbi Joḥanan in the name of Rebbi Yannai: This is one of three well-explained verses in the Torah (Deut. 14:27): “The Levite shall come, for he has neither part nor inheritance with you.” You must give him from what you have while he has not. This excludes ownerless property where your and his hands are equal.

Abba bar Rav Huna said, one who drank [wine] should not pray but if he did pray, his prayer is a supplication. A drunk should not pray but if he did pray, his prayer is blasphemy. What is one who drank [wine]? Someone who drank a quartarius; a drunk is one who drank more. There, it is said if he cannot speak before a king. Rebbi Zeïra asked before Rebbi Assi: May a drunk recite Grace? He said to him (Deut. 11:15): “When you will eat and be satiated, then you must praise”, even if you are sleepy. The question is only, may he recite the Shema‘? Abba bar Avin said, a pious person asked Elijah, may he be remembered for the good, may a naked person recite the Shema‘? He said to him (Deut. 23:15): “He should not see in you a thing of turpitude,” a word of turpitude. Ḥizqiah stated: both for reciting [Grace] and reading [the Shema‘].

Abba bar Rav Huna said, one who drank [wine] should not pray but if he did pray, his prayer is a supplication. A drunk should not pray but if he did pray, his prayer is blasphemy. What is one who drank [wine]? Someone who drank a quartarius; a drunk is one who drank more. There, it is said if he cannot speak before a king. Rebbi Zeïra asked before Rebbi Assi: May a drunk recite Grace? He said to him (Deut. 11:15): “When you will eat and be satiated, then you must praise”, even if you are sleepy. The question is only, may he recite the Shema‘? Abba bar Avin said, a pious person asked Elijah, may he be remembered for the good, may a naked person recite the Shema‘? He said to him (Deut. 23:15): “He should not see in you a thing of turpitude,” a word of turpitude. Ḥizqiah stated: both for reciting [Grace] and reading [the Shema‘].

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

How far does a man free his ṭevel by the word of the Torah? Rebbi Jonathan instructed: One in a hundred like heave of the tithe. Rebbi Joḥanan asked him, from whom did you hear this? He said, from arguments of the colleagues I understood this, although Rebbi Yannai said, even one in a thousand. Rebbi Mana said, there is no measure since it is written (Deut. 18:4): “The first of your grain, cider, and oil;” any amount.

What is the reason of Rebbi Ismael? (Deut. 18:4) “The beginning of your grain,” it is sufficient for the beginning to be like the grain. From where that he did not do anything unless he left some remainder? (Num. 15:21) “From the beginning”, not all the beginning.

HALAKHAH: “If somebody eats heave intentionally,” etc. There, we have stated: “The following are flogged,” and we have stated: “These are the girls.” Here you say, he is flogged, and there you say, he pays. Rebbi Joḥanan said, the Mishnah is two-sided: If he was cautioned, he is flogged; if he was not cautioned, he pays. Rebbi Joḥanan is of the opinion that in a case where there is flogging or restitution, when he pays he is not flogged. Why should he not be flogged and have to pay? (Deut. 25:2) “His guilt.” You sentence him for one guilt but you may not sentence him for two guilts. The verse speaks of one who may incur two punishments (Deut. 25:2): “The judge shall have him laid down and flogged in his presence, a number [of times] because of his guilt.”

HALAKHAH: “If somebody eats heave intentionally,” etc. There, we have stated: “The following are flogged,” and we have stated: “These are the girls.” Here you say, he is flogged, and there you say, he pays. Rebbi Joḥanan said, the Mishnah is two-sided: If he was cautioned, he is flogged; if he was not cautioned, he pays. Rebbi Joḥanan is of the opinion that in a case where there is flogging or restitution, when he pays he is not flogged. Why should he not be flogged and have to pay? (Deut. 25:2) “His guilt.” You sentence him for one guilt but you may not sentence him for two guilts. The verse speaks of one who may incur two punishments (Deut. 25:2): “The judge shall have him laid down and flogged in his presence, a number [of times] because of his guilt.”

Rebbi Simeon ben Laqish said, even if he was not cautioned should he not pay since when cautioned he would be flogged? A Mishnah disagrees with Rebbi Simeon ben Laqish: “These are the girls for which one incurs a fine,” but if he was cautioned, will he not be flogged? Rebbi Simeon ben Laqish holds with Rebbi Meïr since Rebbi Meïr said, he is flogged and pays. Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: Rebbi Meïr learned from the calumniator. (Deut. 22:19) “And they shall fine him”, money; (Deut. 22:18) “they shall punish him,” flogging. But the rabbis say, [the law of] the calumniator is separate because of its novelty; one cannot learn from a novelty! Because nowhere else will a person become guilty by speech, but here he becomes guilty by speech. Since one cannot transfer this feature, one cannot transfer the rules of either payment or flogging. Did not Rebbi Abbahu say in the name of Rebbi Simeon ben Laqish: If he [eats] fat intentionally but is in error about the sacrifice, if he was cautioned he will be flogged and has to bring a sacrifice! Rebbi Abun bar Ḥiyya in the name of Rebbi Samuel bar Rav Isaac said, (Deut. 25:2) “Because of his guilt.” If two possibilities are given to the court, one chooses one of them. This excludes matters in the power of Heaven.

Rebbi Simeon ben Laqish said, even if he was not cautioned should he not pay since when cautioned he would be flogged? A Mishnah disagrees with Rebbi Simeon ben Laqish: “These are the girls for which one incurs a fine,” but if he was cautioned, will he not be flogged? Rebbi Simeon ben Laqish holds with Rebbi Meïr since Rebbi Meïr said, he is flogged and pays. Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: Rebbi Meïr learned from the calumniator. (Deut. 22:19) “And they shall fine him”, money; (Deut. 22:18) “they shall punish him,” flogging. But the rabbis say, [the law of] the calumniator is separate because of its novelty; one cannot learn from a novelty! Because nowhere else will a person become guilty by speech, but here he becomes guilty by speech. Since one cannot transfer this feature, one cannot transfer the rules of either payment or flogging. Did not Rebbi Abbahu say in the name of Rebbi Simeon ben Laqish: If he [eats] fat intentionally but is in error about the sacrifice, if he was cautioned he will be flogged and has to bring a sacrifice! Rebbi Abun bar Ḥiyya in the name of Rebbi Samuel bar Rav Isaac said, (Deut. 25:2) “Because of his guilt.” If two possibilities are given to the court, one chooses one of them. This excludes matters in the power of Heaven.

Rebbi Simeon ben Laqish said, even if he was not cautioned should he not pay since when cautioned he would be flogged? A Mishnah disagrees with Rebbi Simeon ben Laqish: “These are the girls for which one incurs a fine,” but if he was cautioned, will he not be flogged? Rebbi Simeon ben Laqish holds with Rebbi Meïr since Rebbi Meïr said, he is flogged and pays. Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: Rebbi Meïr learned from the calumniator. (Deut. 22:19) “And they shall fine him”, money; (Deut. 22:18) “they shall punish him,” flogging. But the rabbis say, [the law of] the calumniator is separate because of its novelty; one cannot learn from a novelty! Because nowhere else will a person become guilty by speech, but here he becomes guilty by speech. Since one cannot transfer this feature, one cannot transfer the rules of either payment or flogging. Did not Rebbi Abbahu say in the name of Rebbi Simeon ben Laqish: If he [eats] fat intentionally but is in error about the sacrifice, if he was cautioned he will be flogged and has to bring a sacrifice! Rebbi Abun bar Ḥiyya in the name of Rebbi Samuel bar Rav Isaac said, (Deut. 25:2) “Because of his guilt.” If two possibilities are given to the court, one chooses one of them. This excludes matters in the power of Heaven.