disagreement

When he finished atoning the sanctuary. There are Tannaim who state, when he finished, he atoned There are Tannaim who state, when he atoned, he finished. Rebbi Abbahu in the name of Rebbi Joḥanan: They differ by disagreement. He who said, when he atoned, he finished, the remainder is obstructive. He who said, when he finished, he atoned, the remainder is not obstructive. Rebbi Joshua ben Levi said, they differ in understanding. About the remainder (is it obstructive?), the remainder is not obstructive. Rebbi Simon in the name of Rebbi Joshua ben Levi, the remainder is not obstructive. How is this? He who said, when he finished, he atoned, makes it four givings. He who said, when he atoned, he finished, makes it only one giving.

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

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

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

Rebbi Ze`ira, Rav Huna in the name of Rav: They disagree about one who gives his property to the Temple. But if he gives his flock to the Temple, everybody agrees that it is for the altar. Rebbi Abba, Rav Huna in the name of Rav: Where do they disagree? About one who gives his flock to the Temple, but if he gave his property to the Temple, everybody agrees that it is for the upkeep of the Temple. The opinion of Rebbi Ze`ira can be understood. It is difficult for Rebbi Abba. Is an animal not for the altar? An animal is for the altar. But why did this man not specify? It is as if he said, it only should be for the upkeep of the Temple. Rebbi Joḥanan said, there is no difference. The disagreement is both about one who gives his property to the Temple as about one who gives his flock to the Temple.

תּוּפִינֵי. It has to be תּוּפִינֵי when it is brought, it does not have to be תּוּפִינֵי early in the morning. But did we not state, “they place those who bake the baked goods to make the baked goods”? Rebbi Ḥiyya bar Ada said, to make the hot water to soften them. תּוּפִינֵי, Rebbi Yasa in the name of Rebbi Ḥanina, he fries them and after that bakes them. Rebbi Aḥa in the name of Rebbi Ḥanina, he bakes them and after that fries them. תּוּפִינֵי, they shall be baked cooked. Rebbi said, they shall be baked softly; Rebbi Dosa said, they shall be baked beautifully. This disagreement is parallel to the other disagreement. He who says, they shall be baked beautifully, is like him who says, he fries them and after that bakes them. He who says, they shall be baked softly is like him who says, he bakes them and after that fries them.

תּוּפִינֵי. It has to be תּוּפִינֵי when it is brought, it does not have to be תּוּפִינֵי early in the morning. But did we not state, “they place those who bake the baked goods to make the baked goods”? Rebbi Ḥiyya bar Ada said, to make the hot water to soften them. תּוּפִינֵי, Rebbi Yasa in the name of Rebbi Ḥanina, he fries them and after that bakes them. Rebbi Aḥa in the name of Rebbi Ḥanina, he bakes them and after that fries them. תּוּפִינֵי, they shall be baked cooked. Rebbi said, they shall be baked softly; Rebbi Dosa said, they shall be baked beautifully. This disagreement is parallel to the other disagreement. He who says, they shall be baked beautifully, is like him who says, he fries them and after that bakes them. He who says, they shall be baked softly is like him who says, he bakes them and after that fries them.

HALAKHAH: “The House of Shammai disqualify an old sukkah, but the House of Hillel qualify it.” It was stated: One has to renew something in it. The colleagues say, one hand-breadth; Rebbi Yose says, anything. He who says anything, but along the entire length. Is it the same with an old mazzah? Is an old mazzah a disagreement between the House of Shammai and the House of Hillel? Rebbi Yose said, it is everybody’s opinion; since he did not make it for Passover it is certain that he was not careful about it. A sukkah of shepherds, a sukkah of potters is qualified. A sukkah of Samaritans, if it is made according to the rules is qualified, not according to the rules is disqualified.

Abba bar bar Ḥana in the name of Rebbi Joḥanan: They formulated this for Usha mats. Rebbi Eliezer said, [normally] Usha mats are impure unless made for tents. Normally Tiberian mats are pure unless made for sitting. Rebbi Isaac bar Ḥaqula, Rebbi Simeon ben Rebbi instructed about those on the doors of stores that they are pure. Rebbi Immi instructed that woven ones are impure. May one use them for roofing? The disagreement of Rebbi Eliezer and the Sages. Rebbi Isaac ben Rebbi Eleazar instructed in distress to untie the knots and use them as roofing. We have stated: “And similarly if one unties the knots it is pure,” and you are saying so?

HALAKHAH: Where do we hold? If put on the ground, everybody agrees that it is permitted. If it sails, there is the disagreement between Rebbi Eleazar ben Azariah and Rebbi Aqiba. But we must hold when it is in port.

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

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

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

Rav Huna said: Who is the Tanna of “participants in pigeon contests”? Rebbi Eliezer, as we have stated there: “Two in the name of Rebbi Eliezer. A woman may go out with a city of gold, and participants in pigeon contests are disqualified from testimony.” Rebbi Mana said before Rebbi Yose: Is the entire statement in Sanhedrin Rebbi Eliezer’s? He told him, it is everybody’s opinion. What means “it is everybody’s opinion”? So said Rebbi Yose: We knew that he was disqualified for testimony in money matters. What does he come to testify about? For as he is disqualified in money matters, so he is disqualified to testify in criminal trials. The witnesses for the New Moon are held to the standards of criminal trials, as we have stated: “any testimony for which a woman is not qualified, they are not qualified.” Who stated this? The rabbis! Do the rabbis follow Rebbi Eliezer? They agree with him and disagree with him. Rebbi Jonah in the name of Rav Huna: It follows Rebbi Eliezer in everything. It turns out that this disagreement parallels another disagreement, as it was stated: “A perjured witness is disqualified for any and all testimony required by the Torah, the words of Rebbi Meïr. Rebbi Yose said, when? If he was found perjured in criminal matters. But if he was found perjured in money matters, he is suspect in money matters and disqualified in money matters.” It turns out that Rebbi Yose parallels the rabbis and Rebbi Meïr Rebbi Eliezer.

Rav Huna said: Who is the Tanna of “participants in pigeon contests”? Rebbi Eliezer, as we have stated there: “Two in the name of Rebbi Eliezer. A woman may go out with a city of gold, and participants in pigeon contests are disqualified from testimony.” Rebbi Mana said before Rebbi Yose: Is the entire statement in Sanhedrin Rebbi Eliezer’s? He told him, it is everybody’s opinion. What means “it is everybody’s opinion”? So said Rebbi Yose: We knew that he was disqualified for testimony in money matters. What does he come to testify about? For as he is disqualified in money matters, so he is disqualified to testify in criminal trials. The witnesses for the New Moon are held to the standards of criminal trials, as we have stated: “any testimony for which a woman is not qualified, they are not qualified.” Who stated this? The rabbis! Do the rabbis follow Rebbi Eliezer? They agree with him and disagree with him. Rebbi Jonah in the name of Rav Huna: It follows Rebbi Eliezer in everything. It turns out that this disagreement parallels another disagreement, as it was stated: “A perjured witness is disqualified for any and all testimony required by the Torah, the words of Rebbi Meïr. Rebbi Yose said, when? If he was found perjured in criminal matters. But if he was found perjured in money matters, he is suspect in money matters and disqualified in money matters.” It turns out that Rebbi Yose parallels the rabbis and Rebbi Meïr Rebbi Eliezer.

“If it was laid on the holiday it may be eaten on the Sabbath, on the Sabbath it may be eaten on the holiday. Rebbi Jehudah said in the name of Rebbi Eliezer, this is the disagreement. The house of Shammai say that it may be eaten, but the House of Hillel say that it may not be eaten.” Rebbi Ḥanina instructed the Sepphoreans about spontaneous growth of mustard and about the egg following Rebbi Jehudah. Rebbi Joḥanan came and preached to them following the rabbis here and the rabbis there. Rebbi Abba bar Zemina in the name of Rebbi Joṣadaq: Because of these two things did Rebbi Joḥanan descend from Sepphoris to Tiberias. He said, why did you bring me this old man, what I am permitting he prohibits, what I am prohibiting he permits. Rebbi Abba said, there came a case before Rebbi Yasa and he wanted to act following Rebbi Joḥanan but when he heard that Rav and Rebbi Ḥanina disagreed he refrained.

It was stated: One does neither select, nor grind, nor sift. He who selects, or grinds, or sifts, on the Sabbath is stoned. On a holiday he absorbs the 40. But did we not state: “he picks out normally into his chest or a basket”? Rebbi Ḥanina from Antonia said, this is Rabban Gamliel’s, for “Rabban Gamliel says, also he drenches and scoops off.” And was it not stated, in the household of Rabban Gamliel they were grinding pepper in their mills? It is permitted to grind but forbidden to select. Rebbi Yose ben Rebbi Abun: Normal grinding was not permitted. And from where that one may neither select, nor grind, nor sift? Rebbi Aḥa in the name of Rebbi Simeon ben Laqish: No work shall be done on them up to and you shall guard the unleavened bread. Rebbi Yose asked, but did one not infer cooking only from there? Rebbi Yose did not say so, but Rebbi Yose in the name of Rebbi Simeon ben Laqish: Only what can be eaten by every person this alone may be made by you, up to and you shall guard the unleavened bread. Ḥizqiah stated in disagreement: only, every, person, are diminutions, not to select, nor to grind, nor to sift on a holiday.

HALAKHAH: Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, does one disregard the anonymous {Mishnah} and follow an isolated opinion? He found that Rebbi Ḥiyya stated this in the name of Rebbi Meïr. When he understood that Rebbi Ḥiyya stated this in the name of Rebbi Meïr., he said, the old man understands his chapters well. Rebbi Mana asked before Rebbi Yudan: Did not Rebbi Ḥizqiah, Rebbi Abbahu say in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. He said to him, and if not Rebbi, maybe somebody else. How is this? If it is found that Rebbi taught a disagreement and afterwards taught it anonymously, then practice follows the anonymous statement. In a case where Rebbi did not teach a disagreement but others taught it in disagreement and Rebbi taught it anonymously, certainly practice has to follow the anonymous text. There come Rebbi Ḥizqiah, Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba, in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. Why does he instruct here following the isolated opinion? Rebbi Samuel bar Ina in the name of Rebbi Aḥa: That is, if no disagreement is stated together with the anonymous opinion. But if a disagreement is stated together with the anonymous opinion, practice does not follow the anonymous opinion. Rebbi Yose ben Rebbi Abun in the name of Rebbi Aḥa: that is if an individual disagrees with an individual. But in the case of an individual following the {anonymous} Sages, practice does not follow the anonymous text.

HALAKHAH: Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, does one disregard the anonymous {Mishnah} and follow an isolated opinion? He found that Rebbi Ḥiyya stated this in the name of Rebbi Meïr. When he understood that Rebbi Ḥiyya stated this in the name of Rebbi Meïr., he said, the old man understands his chapters well. Rebbi Mana asked before Rebbi Yudan: Did not Rebbi Ḥizqiah, Rebbi Abbahu say in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. He said to him, and if not Rebbi, maybe somebody else. How is this? If it is found that Rebbi taught a disagreement and afterwards taught it anonymously, then practice follows the anonymous statement. In a case where Rebbi did not teach a disagreement but others taught it in disagreement and Rebbi taught it anonymously, certainly practice has to follow the anonymous text. There come Rebbi Ḥizqiah, Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba, in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. Why does he instruct here following the isolated opinion? Rebbi Samuel bar Ina in the name of Rebbi Aḥa: That is, if no disagreement is stated together with the anonymous opinion. But if a disagreement is stated together with the anonymous opinion, practice does not follow the anonymous opinion. Rebbi Yose ben Rebbi Abun in the name of Rebbi Aḥa: that is if an individual disagrees with an individual. But in the case of an individual following the {anonymous} Sages, practice does not follow the anonymous text.

HALAKHAH: Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, does one disregard the anonymous {Mishnah} and follow an isolated opinion? He found that Rebbi Ḥiyya stated this in the name of Rebbi Meïr. When he understood that Rebbi Ḥiyya stated this in the name of Rebbi Meïr., he said, the old man understands his chapters well. Rebbi Mana asked before Rebbi Yudan: Did not Rebbi Ḥizqiah, Rebbi Abbahu say in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. He said to him, and if not Rebbi, maybe somebody else. How is this? If it is found that Rebbi taught a disagreement and afterwards taught it anonymously, then practice follows the anonymous statement. In a case where Rebbi did not teach a disagreement but others taught it in disagreement and Rebbi taught it anonymously, certainly practice has to follow the anonymous text. There come Rebbi Ḥizqiah, Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba, in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. Why does he instruct here following the isolated opinion? Rebbi Samuel bar Ina in the name of Rebbi Aḥa: That is, if no disagreement is stated together with the anonymous opinion. But if a disagreement is stated together with the anonymous opinion, practice does not follow the anonymous opinion. Rebbi Yose ben Rebbi Abun in the name of Rebbi Aḥa: that is if an individual disagrees with an individual. But in the case of an individual following the {anonymous} Sages, practice does not follow the anonymous text.

HALAKHAH: Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, does one disregard the anonymous {Mishnah} and follow an isolated opinion? He found that Rebbi Ḥiyya stated this in the name of Rebbi Meïr. When he understood that Rebbi Ḥiyya stated this in the name of Rebbi Meïr., he said, the old man understands his chapters well. Rebbi Mana asked before Rebbi Yudan: Did not Rebbi Ḥizqiah, Rebbi Abbahu say in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. He said to him, and if not Rebbi, maybe somebody else. How is this? If it is found that Rebbi taught a disagreement and afterwards taught it anonymously, then practice follows the anonymous statement. In a case where Rebbi did not teach a disagreement but others taught it in disagreement and Rebbi taught it anonymously, certainly practice has to follow the anonymous text. There come Rebbi Ḥizqiah, Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba, in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. Why does he instruct here following the isolated opinion? Rebbi Samuel bar Ina in the name of Rebbi Aḥa: That is, if no disagreement is stated together with the anonymous opinion. But if a disagreement is stated together with the anonymous opinion, practice does not follow the anonymous opinion. Rebbi Yose ben Rebbi Abun in the name of Rebbi Aḥa: that is if an individual disagrees with an individual. But in the case of an individual following the {anonymous} Sages, practice does not follow the anonymous text.

HALAKHAH: Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, does one disregard the anonymous {Mishnah} and follow an isolated opinion? He found that Rebbi Ḥiyya stated this in the name of Rebbi Meïr. When he understood that Rebbi Ḥiyya stated this in the name of Rebbi Meïr., he said, the old man understands his chapters well. Rebbi Mana asked before Rebbi Yudan: Did not Rebbi Ḥizqiah, Rebbi Abbahu say in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. He said to him, and if not Rebbi, maybe somebody else. How is this? If it is found that Rebbi taught a disagreement and afterwards taught it anonymously, then practice follows the anonymous statement. In a case where Rebbi did not teach a disagreement but others taught it in disagreement and Rebbi taught it anonymously, certainly practice has to follow the anonymous text. There come Rebbi Ḥizqiah, Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba, in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. Why does he instruct here following the isolated opinion? Rebbi Samuel bar Ina in the name of Rebbi Aḥa: That is, if no disagreement is stated together with the anonymous opinion. But if a disagreement is stated together with the anonymous opinion, practice does not follow the anonymous opinion. Rebbi Yose ben Rebbi Abun in the name of Rebbi Aḥa: that is if an individual disagrees with an individual. But in the case of an individual following the {anonymous} Sages, practice does not follow the anonymous text.

HALAKHAH: Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, does one disregard the anonymous {Mishnah} and follow an isolated opinion? He found that Rebbi Ḥiyya stated this in the name of Rebbi Meïr. When he understood that Rebbi Ḥiyya stated this in the name of Rebbi Meïr., he said, the old man understands his chapters well. Rebbi Mana asked before Rebbi Yudan: Did not Rebbi Ḥizqiah, Rebbi Abbahu say in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. He said to him, and if not Rebbi, maybe somebody else. How is this? If it is found that Rebbi taught a disagreement and afterwards taught it anonymously, then practice follows the anonymous statement. In a case where Rebbi did not teach a disagreement but others taught it in disagreement and Rebbi taught it anonymously, certainly practice has to follow the anonymous text. There come Rebbi Ḥizqiah, Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba, in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. Why does he instruct here following the isolated opinion? Rebbi Samuel bar Ina in the name of Rebbi Aḥa: That is, if no disagreement is stated together with the anonymous opinion. But if a disagreement is stated together with the anonymous opinion, practice does not follow the anonymous opinion. Rebbi Yose ben Rebbi Abun in the name of Rebbi Aḥa: that is if an individual disagrees with an individual. But in the case of an individual following the {anonymous} Sages, practice does not follow the anonymous text.

HALAKHAH: Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, does one disregard the anonymous {Mishnah} and follow an isolated opinion? He found that Rebbi Ḥiyya stated this in the name of Rebbi Meïr. When he understood that Rebbi Ḥiyya stated this in the name of Rebbi Meïr., he said, the old man understands his chapters well. Rebbi Mana asked before Rebbi Yudan: Did not Rebbi Ḥizqiah, Rebbi Abbahu say in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. He said to him, and if not Rebbi, maybe somebody else. How is this? If it is found that Rebbi taught a disagreement and afterwards taught it anonymously, then practice follows the anonymous statement. In a case where Rebbi did not teach a disagreement but others taught it in disagreement and Rebbi taught it anonymously, certainly practice has to follow the anonymous text. There come Rebbi Ḥizqiah, Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba, in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. Why does he instruct here following the isolated opinion? Rebbi Samuel bar Ina in the name of Rebbi Aḥa: That is, if no disagreement is stated together with the anonymous opinion. But if a disagreement is stated together with the anonymous opinion, practice does not follow the anonymous opinion. Rebbi Yose ben Rebbi Abun in the name of Rebbi Aḥa: that is if an individual disagrees with an individual. But in the case of an individual following the {anonymous} Sages, practice does not follow the anonymous text.

Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, does one disregard the anonymous {Mishnah} and follow an isolated opinion? He found that Rebbi Ḥiyya stated this in the name of Rebbi Meïr. When he understood that Rebbi Ḥiyya stated this in the name of Rebbi Meïr, he said, the old man understands his chapters well. Rebbi Mana asked before Rebbi Yudan: Did not Rebbi Ḥizqiah, Rebbi Abbahu say in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. He said to him, and if not Rebbi, maybe somebody else. How is this? If it is found that Rebbi taught a disagreement and afterwards taught it anonymously, then practice follows the anonymous statement. In a case where Rebbi did not teach a disagreement but others taught it in disagreement and Rebbi taught it anonymously, certainly practice has to follow the anonymous text. There come Rebbi Ḥizqiah, Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. Why does he instruct here following the isolated opinion? Rebbi Samuel bar Ina in the name of Rebbi Aḥa: That is, if no disagreement is stated together with the anonymous opinion. But if a disagreement is stated together with the anonymous opinion, practice does not follow the anonymous opinion.

Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, does one disregard the anonymous {Mishnah} and follow an isolated opinion? He found that Rebbi Ḥiyya stated this in the name of Rebbi Meïr. When he understood that Rebbi Ḥiyya stated this in the name of Rebbi Meïr, he said, the old man understands his chapters well. Rebbi Mana asked before Rebbi Yudan: Did not Rebbi Ḥizqiah, Rebbi Abbahu say in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. He said to him, and if not Rebbi, maybe somebody else. How is this? If it is found that Rebbi taught a disagreement and afterwards taught it anonymously, then practice follows the anonymous statement. In a case where Rebbi did not teach a disagreement but others taught it in disagreement and Rebbi taught it anonymously, certainly practice has to follow the anonymous text. There come Rebbi Ḥizqiah, Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. Why does he instruct here following the isolated opinion? Rebbi Samuel bar Ina in the name of Rebbi Aḥa: That is, if no disagreement is stated together with the anonymous opinion. But if a disagreement is stated together with the anonymous opinion, practice does not follow the anonymous opinion.

Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, does one disregard the anonymous {Mishnah} and follow an isolated opinion? He found that Rebbi Ḥiyya stated this in the name of Rebbi Meïr. When he understood that Rebbi Ḥiyya stated this in the name of Rebbi Meïr, he said, the old man understands his chapters well. Rebbi Mana asked before Rebbi Yudan: Did not Rebbi Ḥizqiah, Rebbi Abbahu say in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. He said to him, and if not Rebbi, maybe somebody else. How is this? If it is found that Rebbi taught a disagreement and afterwards taught it anonymously, then practice follows the anonymous statement. In a case where Rebbi did not teach a disagreement but others taught it in disagreement and Rebbi taught it anonymously, certainly practice has to follow the anonymous text. There come Rebbi Ḥizqiah, Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. Why does he instruct here following the isolated opinion? Rebbi Samuel bar Ina in the name of Rebbi Aḥa: That is, if no disagreement is stated together with the anonymous opinion. But if a disagreement is stated together with the anonymous opinion, practice does not follow the anonymous opinion.

Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, does one disregard the anonymous {Mishnah} and follow an isolated opinion? He found that Rebbi Ḥiyya stated this in the name of Rebbi Meïr. When he understood that Rebbi Ḥiyya stated this in the name of Rebbi Meïr, he said, the old man understands his chapters well. Rebbi Mana asked before Rebbi Yudan: Did not Rebbi Ḥizqiah, Rebbi Abbahu say in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. He said to him, and if not Rebbi, maybe somebody else. How is this? If it is found that Rebbi taught a disagreement and afterwards taught it anonymously, then practice follows the anonymous statement. In a case where Rebbi did not teach a disagreement but others taught it in disagreement and Rebbi taught it anonymously, certainly practice has to follow the anonymous text. There come Rebbi Ḥizqiah, Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. Why does he instruct here following the isolated opinion? Rebbi Samuel bar Ina in the name of Rebbi Aḥa: That is, if no disagreement is stated together with the anonymous opinion. But if a disagreement is stated together with the anonymous opinion, practice does not follow the anonymous opinion.

Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, does one disregard the anonymous {Mishnah} and follow an isolated opinion? He found that Rebbi Ḥiyya stated this in the name of Rebbi Meïr. When he understood that Rebbi Ḥiyya stated this in the name of Rebbi Meïr, he said, the old man understands his chapters well. Rebbi Mana asked before Rebbi Yudan: Did not Rebbi Ḥizqiah, Rebbi Abbahu say in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. He said to him, and if not Rebbi, maybe somebody else. How is this? If it is found that Rebbi taught a disagreement and afterwards taught it anonymously, then practice follows the anonymous statement. In a case where Rebbi did not teach a disagreement but others taught it in disagreement and Rebbi taught it anonymously, certainly practice has to follow the anonymous text. There come Rebbi Ḥizqiah, Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. Why does he instruct here following the isolated opinion? Rebbi Samuel bar Ina in the name of Rebbi Aḥa: That is, if no disagreement is stated together with the anonymous opinion. But if a disagreement is stated together with the anonymous opinion, practice does not follow the anonymous opinion.

Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, does one disregard the anonymous {Mishnah} and follow an isolated opinion? He found that Rebbi Ḥiyya stated this in the name of Rebbi Meïr. When he understood that Rebbi Ḥiyya stated this in the name of Rebbi Meïr, he said, the old man understands his chapters well. Rebbi Mana asked before Rebbi Yudan: Did not Rebbi Ḥizqiah, Rebbi Abbahu say in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. He said to him, and if not Rebbi, maybe somebody else. How is this? If it is found that Rebbi taught a disagreement and afterwards taught it anonymously, then practice follows the anonymous statement. In a case where Rebbi did not teach a disagreement but others taught it in disagreement and Rebbi taught it anonymously, certainly practice has to follow the anonymous text. There come Rebbi Ḥizqiah, Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. Why does he instruct here following the isolated opinion? Rebbi Samuel bar Ina in the name of Rebbi Aḥa: That is, if no disagreement is stated together with the anonymous opinion. But if a disagreement is stated together with the anonymous opinion, practice does not follow the anonymous opinion.

Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, does one disregard the anonymous {Mishnah} and follow an isolated opinion? He found that Rebbi Ḥiyya stated this in the name of Rebbi Meïr. When he understood that Rebbi Ḥiyya stated this in the name of Rebbi Meïr, he said, the old man understands his chapters well. Rebbi Mana asked before Rebbi Yudan: Did not Rebbi Ḥizqiah, Rebbi Abbahu say in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. He said to him, and if not Rebbi, maybe somebody else. How is this? If it is found that Rebbi taught a disagreement and afterwards taught it anonymously, then practice follows the anonymous statement. In a case where Rebbi did not teach a disagreement but others taught it in disagreement and Rebbi taught it anonymously, certainly practice has to follow the anonymous text. There come Rebbi Ḥizqiah, Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. Why does he instruct here following the isolated opinion? Rebbi Samuel bar Ina in the name of Rebbi Aḥa: That is, if no disagreement is stated together with the anonymous opinion. But if a disagreement is stated together with the anonymous opinion, practice does not follow the anonymous opinion.

What are you doing with cutting during daytime? Like cutting during nighttime or coming from storage? If you would say, like cutting during nighttime, you would find to say that the disagreement between Rebbi Eleazar ben Rebbi Simeon and the Rabbis is that the Rabbis are saying, cutting during daytime is like cutting during nighttime, while Rebbi Eleazar ben Rebbi Simeon is saying, cutting during daytime is not like cutting during nighttime. If you would say, like coming from storage, you would find to say that there are two disagreements between Rebbi Eleazar ben Rebbi Simeon and the Rabbis. For the Rabbis are saying, cutting during daytime is like cutting during nighttime, while Rebbi Eleazar ben Rebbi Simeon is saying, cutting during daytime is not like cutting during nighttime. And the Rabbis are saying, what is coming from storage is qualified, while Rebbi Eleazar ben Rebbi Simeon is saying, what is coming from storage is disqualified.

Rebbi Joḥanan asked, what about a person deaf in one ear? Rebbi Yose ben Rebbi Abun said, the disagreement between the Rabbis and Rebbi Yose. As it was stated, and for Aaron’s sons make coats. The Rabbis said, two coats for each one. Rebbi Yose said, even one coat for each one. What is the Rabbis’ reason? And for Aaron’s sons make coats. What is Rebbi Yose’s reason? For a hundred sons of Aaron make coats. And here, read this Torah in front of all of Israel into their ears. The Rabbis are saying, two ears for each of them. Rebbi Yose is saying, even a single ear for each of them.

If he separated his festival offering and died, do the heirs have to bring it? Rebbi Ila said, shall be seen, has to be seen. He who can come brings, he who cannot come does not bring. Rebbi Ze`ira said, following Rebbi Joḥanan and Rebbi Jonathan who both said, you have to redeem any first born of your sons, even after death, and here, they shall not appear before My Presence empty-handed, even after death. Rebbi Abba bar Mamal said, there is a disagreement between Samuel and Rebbi Joḥanan, regarding what we have stated there, “A woman who brought her purification sacrifice and died, the heirs have to bring her elevation sacrifice. Her elevation sacrifice and she died, the heirs shall not bring her purification sacrifice.” Samuel said, if it was separated. Rebbi Joḥanan said, even if it was not separated. Where do we hold? If they inherited real estate, does Samuel say if it was separated? If they inherited movables, does Rebbi Joḥanan say, even if it was not separated? What is the difference between them? If they inherited real estate, in Samuel’s opinion one does neither claim it nor taking pledges for it; in Rebbi Joḥanan’s opinion one even takes pledges. If they inherited movables, in Rebbi Joḥanan’s opinion one claims it (and is) [but is not] taking pledges for it. In Samuel’s opinion one does not claim it.

Rebbi Ḥananiah in the name of Samuel: One makes no inferences from a ruling. Everybody agrees that one makes no inferences from an action. Rebbi Mana said to him, that means somebody who does not understand, but he who understands may act. He said to him, whether one understands or one does not understand, if there is a disagreement. But if there is no disagreement, whether one understands or one does not understand one acts.

Rebbi Ḥananiah in the name of Samuel: One makes no inferences from a ruling. Everybody agrees that one makes no inferences from an action. Rebbi Mana said to him, that means somebody who does not understand, but he who understands may act. He said to him, whether one understands or one does not understand, if there is a disagreement. But if there is no disagreement, whether one understands or one does not understand one acts.

HALAKHAH: Originally the only disagreement in Israel was about leaning on. Then rose Hillel and Shammai and made it four. After the students of the House of Shammai and students of the House of Hillel increased who did not sufficiently serve their teachers, disagreements increased in Israel and they were split into two sects; these declare impure and those declare pure, and the prior state will not be reconstituted until the arrival of David’s son.

“They agree that if it falls on the Sabbath that its slaughter-day is after the Sabbath.” So the House of Hillel are saying, its slaughter-day is after the Sabbath. Whose are the hides? Rebbi Tabi in the name of Rebbi Joshia: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan said, of all watches. Rebbi Simeon ben Laqish said, of this watch. And you are saying, its slaughter-day is after the Sabbath; whose are the hides? The disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish? Rebbi Joḥanan said, Pentecost has all of seven days as make-up. Rav Hoshaia objected: was it not stated, just as the New Moon is one day after its count, to Pentecost is one day after its count? Rebbi La said, if he did not bring his holiday sacrifice on the first day, he may bring it all seven days.

HALAKHAH: “One waters irrigated plots,” etc. One understands a well which does not flow newly. A well which flows newly? Is that not requiring effort? But it follows Rebbi Meïr, as Rebbi Meïr says, one uses it to irrigate even a field depending on rain water. Rebbi Yose said, it is the opinion of everybody if it was one and became two or its waters were few and it was blessed. We have stated thus: “From a well which flowed newly one irrigates even a field depending on rain water, the words of Rebbi Meïr; but the Sages are saying one uses it to irrigate only an irrigated plot which dried up.” In the opinion of Rebbi Meïr one irrigates from it something not in danger of loss and something requiring effort. In the opinion of the rabbis one irrigates from it only something in danger of loss and only if not requiring effort. What do the rabbis say if there is danger of loss but it requires effort? Let us hear from the following: Anything which is continuously losing value is an irrigated plot. When it stopped weakening it is a field depending on rain water; the disagreement between Rebbi Meïr and the Sages. How long does it have to be irrigated to become an irrigated field? Only if was irrigated two, three days before the holiday? Let us hear from the following: The Qabray dried up three days before the holiday, and it came back on the holiday. The case came before Rav Ḥuna who said, those weakened shall be irrigated, those not weakened may not be irrigated. Rebbi Jonah and Rebbi Yose instructed about that cool shadowy place which was sown with barley that it should be cut on the holiday to avoid their cracking and being lost.

“And a coffin for the deceased in the courtyard;” this is what you are saying about a deceased who is not famous. But for a famous deceased one makes a coffin even in public. When Rebbi Ḥanina the colleague of the rabbis expired they made him a coffin in public. Everybody agrees that one may not cut down cedars for him, and similarly not quarry stones for him. If they had been quarried, the disagreement between Rebbi Jehudah and the rabbis.

<If he was> exchanging garments all the Seven he is obligated to rend all of them. The Great Rebbi Ḥiyya and Rebbi Ḥama the father of Rebbi Hoshaia both say, all of them are forbidden to mend. Bar Qappara says, only the one of the first day is forbidden to mend. Rebbi Ḥuna said, there is another disagreement between them. He who says, all of them are forbidden to mend, makes the following days like the first day. Even if he wears several garments, he has to rend all of them. [Text of the Leiden scribe: He who says, only the one of the first day is forbidden to mend, makes the other days supplement. Even if he wears several garments, he rends only the outermost. Text of the Genizah scribe: For him who says, only the one of the first day is forbidden to mend, the other days are supplement; he rends only the outermost.]

Rebbi Joḥanan said, Rebbi Simeon agrees in the first case. It was found stated, that also is in disagreement. What is the difference between the first and second cases? In the first case he came and found her forbidden, in the second he came and found her permitted. Rebbi Joḥanan asked, if he found his father’s wife married to an outsider, what does Rebbi Simeon say about her? Because he came and found her permitted, is she permitted? Rebbi Simeon said that only relative to paternal brothers. Rebbi Jacob bar Aḥa said, Rebbi Simeon ben Laqish asked: His maternal halfbrother’s wife which he found married to an outsider, what does Rebbi Simeon say about her? Because he came and found her permitted, is she permitted? Rebbi Simeon said that only relative to paternal brothers. Rebbi Yudan asked, a co-wife of his maternal aunt which he found married to an outsider? Because he came and found her permitted, is she permitted? Rebbi Abin asked, if a divorcee became a widow? You have to say that Rebbi Simeon referred to the first case.

HALAKHAH: “A rabbi who forbade a woman to her husband because of a vow”, etc. “A rabbi who forbade a woman to her husband because of a vow cannot marry her.” I would say, that was his intention from the start. “If she repudiated or performed ḥalîṣah before him he may marry her since he acts as a court”, because two will not usually sin for the benefit of a third. There, we have stated: “If somebody deposits fruit with another person, that one should not touch it even if it spoils. Rabban Simeon ben Gamliel said, he shall sell it under the supervision of a court because one is obliged to return a find to its owners.” Rebbi Abba bar Jacob said in the name of Rebbi Joḥanan, practice follows Rabban Simeon ben Gamliel. What does one do with the money? Rav Jehudah said, the disagreement of Rebbi Aqiba and Rebbi Ṭarphon. It is a condition that the members of the court cannot buy. Rebbi Aqiba said, Rebbi Ḥiyya ben Rebbi Sabbatai asked: Here, you say, “if she repudiated or performed ḥalîṣah before him he may marry her since he acts as a court,” and here, you say so? Rebbi Yose said, there, the buy could be in thirds, but here, two will not usually sin for the benefit of a third.

How do we hold? If he came to her immediately after her husband’s death, and the fetus was recognized after two months, one should have stated: A nine-month child of either one of them or a seven-month of either one of them! But it may be that he came to her after two months and the fetus was recognized after three months, one should have stated: The sister-in-law should not perform ḥalîṣah or be married in levirate until after five months! But it must be that he came to her after 40 days and the fetus was recognized after 50 days. That would be complete months for [a child of] the first [brother] and incomplete ones for the second. This implies that a woman may give birth after full months. This implies that there are two creations. This implies that a woman may give birth after incomplete months. This implies that a woman may become pregnant repeatedly. This implies that a woman cannot become pregnant simultaneously from two men. And it disagrees with the sermonizing rabbis, since the sermonizing rabbis say “the middleman” “from the orders of the Philistines”, from 100 prepuces of Philistines, that 100 prepuces of Philistines touched her. Rebbi Mattaniah said, there is no disagreement. As long as the semen is not spoiled, a woman can become pregnant from several men simultaneously. After the semen is spoiled, a woman cannot become pregnant from several men simultaneously.

Rebbi Meїr is suspicious about bills of divorce. Rebbi Jehudah is suspicious about a child. Rebbi Yose is suspicious about bills of divorce and a child. Could you say that Rebbi Meїr is not suspicious about bills of divorce, as we have stated: “Those that had received qiddushin can be married.” Rebbi Ze‘ira in the name of Rebbi Gedula: The one who repudiates does not have to wait three months; the one who leaves by a bill of divorce needs to wait three months. This supports Rebbi Me‘ir since Rebbi Meїr is suspicious about bills of divorce. Rebbi Abba in the name of Rebbi Abba bar Jeremiah: A woman who has been raped does not have to wait three months. This supports Rebbi Yose, since Rebbi Yose is suspicious about bills of divorce and a child. It was stated: The proselyte, the captive, and the slave woman who were redeemed, or converted, or freed, have to wait three months, the words of Rebbi Judah. Rebbi Yose says, they do not have to wait. Their blood, Rebbi Jehudah says, makes impure 24 hours retroactively; Rebbi Yose says, from its moment onwards. Rebbi said, the words of Rebbi Judah are reasonable for the blood, and the words of Rebbi Yose for the child. Rebbi Ḥanina ben Rebbi Abbahu said, my father had a case and he asked Rebbi Ḥiyya, Rebbi Yasa, and Rebbi Immi, and they instructed him following Rebbi Yose for the child. For if it were not so, what could we say? Between Rebbi Jehudah and Rebbi Yose, practice does not follow Rebbi Yose? But because Rebbi said, “they are reasonable”. Did not Rebbi Abba say in the name of Rebbi Ze‘ira, every time Rebbi taught “they are reasonable”, the disagreement is unresolved except in the case of the fig cake where each party to the controversy accepts the opposition’s argument. Rebbi Yose said, I stated a difficulty before Rebbi Ḥanina ben Rebbi Abbahu: Even if it is certain that they had sex? He said to him, is a normal Gentile not like one who had sex? Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, one disregards the anonymous [Mishnah] and follows an isolated opinion! He found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He understood that following Rebbi Simeon, he found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He said, the old man certainly understands the chapters about bills of divorce.

Rebbi Mana asked before Rebbi Yudan: There Rebbi Ḥizqiah, Rebbi Abbahu, said in the name of Rebbi Eleazar: Every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous Mishnah. And here, you say so? He said to him, if not Rebbi, maybe somebody else said it? Since when Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous [text]. It must be that Rebbi did not find a disagreement in the Mishnah; but if others taught it in disagreement and Rebbi taught it anonymously, certainly practice follows the anonymous [text]. There come Rebbi Ḥizqiah, Rebbi Jacob bar Abba and Rebbi Simeon bar Abba, in the name of Rebbi Eleazar: Even if others taught a disagreement but Rebbi taught it anonymously, practice follows the anonymous [text]. Why does he agree here with a dissenting opinion? Rebbi Samuel ben Inaya in the name of Rebbi Aḥa. That means, if no diagreement is stated together with the anonymous [text], but if a disagreement is stated together with the anonymous [text], practice does not follow the anonymous [opinion]. Rebbi Yose ben Rebbi Abun in the name of Rebbi Aḥa. That is, if individual disagrees with individual. But if an individual disagrees next to the [anonymous] Sages, practice does not follow the anonymous [text].

Rebbi Mana asked before Rebbi Yudan: There Rebbi Ḥizqiah, Rebbi Abbahu, said in the name of Rebbi Eleazar: Every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous Mishnah. And here, you say so? He said to him, if not Rebbi, maybe somebody else said it? Since when Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous [text]. It must be that Rebbi did not find a disagreement in the Mishnah; but if others taught it in disagreement and Rebbi taught it anonymously, certainly practice follows the anonymous [text]. There come Rebbi Ḥizqiah, Rebbi Jacob bar Abba and Rebbi Simeon bar Abba, in the name of Rebbi Eleazar: Even if others taught a disagreement but Rebbi taught it anonymously, practice follows the anonymous [text]. Why does he agree here with a dissenting opinion? Rebbi Samuel ben Inaya in the name of Rebbi Aḥa. That means, if no diagreement is stated together with the anonymous [text], but if a disagreement is stated together with the anonymous [text], practice does not follow the anonymous [opinion]. Rebbi Yose ben Rebbi Abun in the name of Rebbi Aḥa. That is, if individual disagrees with individual. But if an individual disagrees next to the [anonymous] Sages, practice does not follow the anonymous [text].

Rebbi Mana asked before Rebbi Yudan: There Rebbi Ḥizqiah, Rebbi Abbahu, said in the name of Rebbi Eleazar: Every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous Mishnah. And here, you say so? He said to him, if not Rebbi, maybe somebody else said it? Since when Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous [text]. It must be that Rebbi did not find a disagreement in the Mishnah; but if others taught it in disagreement and Rebbi taught it anonymously, certainly practice follows the anonymous [text]. There come Rebbi Ḥizqiah, Rebbi Jacob bar Abba and Rebbi Simeon bar Abba, in the name of Rebbi Eleazar: Even if others taught a disagreement but Rebbi taught it anonymously, practice follows the anonymous [text]. Why does he agree here with a dissenting opinion? Rebbi Samuel ben Inaya in the name of Rebbi Aḥa. That means, if no diagreement is stated together with the anonymous [text], but if a disagreement is stated together with the anonymous [text], practice does not follow the anonymous [opinion]. Rebbi Yose ben Rebbi Abun in the name of Rebbi Aḥa. That is, if individual disagrees with individual. But if an individual disagrees next to the [anonymous] Sages, practice does not follow the anonymous [text].

Rebbi Mana asked before Rebbi Yudan: There Rebbi Ḥizqiah, Rebbi Abbahu, said in the name of Rebbi Eleazar: Every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous Mishnah. And here, you say so? He said to him, if not Rebbi, maybe somebody else said it? Since when Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous [text]. It must be that Rebbi did not find a disagreement in the Mishnah; but if others taught it in disagreement and Rebbi taught it anonymously, certainly practice follows the anonymous [text]. There come Rebbi Ḥizqiah, Rebbi Jacob bar Abba and Rebbi Simeon bar Abba, in the name of Rebbi Eleazar: Even if others taught a disagreement but Rebbi taught it anonymously, practice follows the anonymous [text]. Why does he agree here with a dissenting opinion? Rebbi Samuel ben Inaya in the name of Rebbi Aḥa. That means, if no diagreement is stated together with the anonymous [text], but if a disagreement is stated together with the anonymous [text], practice does not follow the anonymous [opinion]. Rebbi Yose ben Rebbi Abun in the name of Rebbi Aḥa. That is, if individual disagrees with individual. But if an individual disagrees next to the [anonymous] Sages, practice does not follow the anonymous [text].

Rebbi Mana asked before Rebbi Yudan: There Rebbi Ḥizqiah, Rebbi Abbahu, said in the name of Rebbi Eleazar: Every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous Mishnah. And here, you say so? He said to him, if not Rebbi, maybe somebody else said it? Since when Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous [text]. It must be that Rebbi did not find a disagreement in the Mishnah; but if others taught it in disagreement and Rebbi taught it anonymously, certainly practice follows the anonymous [text]. There come Rebbi Ḥizqiah, Rebbi Jacob bar Abba and Rebbi Simeon bar Abba, in the name of Rebbi Eleazar: Even if others taught a disagreement but Rebbi taught it anonymously, practice follows the anonymous [text]. Why does he agree here with a dissenting opinion? Rebbi Samuel ben Inaya in the name of Rebbi Aḥa. That means, if no diagreement is stated together with the anonymous [text], but if a disagreement is stated together with the anonymous [text], practice does not follow the anonymous [opinion]. Rebbi Yose ben Rebbi Abun in the name of Rebbi Aḥa. That is, if individual disagrees with individual. But if an individual disagrees next to the [anonymous] Sages, practice does not follow the anonymous [text].

Rebbi Mana asked before Rebbi Yudan: There Rebbi Ḥizqiah, Rebbi Abbahu, said in the name of Rebbi Eleazar: Every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous Mishnah. And here, you say so? He said to him, if not Rebbi, maybe somebody else said it? Since when Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous [text]. It must be that Rebbi did not find a disagreement in the Mishnah; but if others taught it in disagreement and Rebbi taught it anonymously, certainly practice follows the anonymous [text]. There come Rebbi Ḥizqiah, Rebbi Jacob bar Abba and Rebbi Simeon bar Abba, in the name of Rebbi Eleazar: Even if others taught a disagreement but Rebbi taught it anonymously, practice follows the anonymous [text]. Why does he agree here with a dissenting opinion? Rebbi Samuel ben Inaya in the name of Rebbi Aḥa. That means, if no diagreement is stated together with the anonymous [text], but if a disagreement is stated together with the anonymous [text], practice does not follow the anonymous [opinion]. Rebbi Yose ben Rebbi Abun in the name of Rebbi Aḥa. That is, if individual disagrees with individual. But if an individual disagrees next to the [anonymous] Sages, practice does not follow the anonymous [text].

Rebbi Jacob bar Aḥa said, there is disagreement about mortmain slaves. Rebbi Joḥanan said, if he sold them, they are not sold. Rebbi Eleazar said to him, they are eating heave by his power and you say so? He answered, do not paraphernalia slaves also eat by his power, and one says that if he sold them, they are not sold. From your own they gave to you. It would be logical that one should not eat heave. But they said that he eats, and they said, if he sold them, they are not sold. Rebbi Jacob bar Aḥa in the name of Rebbi Josiah. A baraita supports one and another baraita supports the other. A baraita supports Rebbi Eleazar: Paraphernalia slaves are freed on account of “tooth and eye” from the wife but not the husband. Mortmain slaves are freed by “tooth and eye” from the husband but not the wife. What does Rebbi Joḥanan do with this? They are quick to manumit, as we have stated: If somebody mortgages a slave and later sold him, he is not sold; if he freed him, he is freed. A baraita supports Rebbi Joḥanan: Neither mortmain slaves nor paraphernalia slaves are under the rules of “one or two days” and are freed by “tooth or eye” from neither the husband nor the wife. Where do they disagree? When he sold them forever or sold them for some time? If you say that he sold them permanently rather than temporarily, does everybody agree that they are sold? If you say that he sold them temporarily rather than permanently, does everybody agree that they are not sold? Let us hear from the following: If somebody mortgages his field to his wife for her ketubah or to a creditor for his claim and then sells it, it is sold and the buyer should beware for himself. Rabban Simeon ben Gamliel says, for the ketubah of the wife it is not sold since it is unthinkable that a woman should run around at courts of law. They said, Rebbi Eleazar parallels the rabbis, Rebbi Joḥanan Rabban Simeon ben Gamliel. That means, we deal with a temporary sale. But if he sold permanently, everybody agrees that they are not sold.

It was stated: If she brought them when they were small, she takes them when they are lads. If she brought him two vessels. If one of them was worth the value of her marriage contract, she takes it for her marriage contract. If one and a half was the value of her marriage contract, [disagreement of] Rav Huna and Rav Naḥman bar Jacob. One of them said, he pays for the second vessel and takes it; the other one says, she pays for the second vessel and takes it. Rebbi Abba bar Cahana said before Rebbi Immi, Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: Even if one was worth one and a half times the value of her marriage contract, she pays for the second vessel and takes it, because it is unthinkable that others should use her vessels. Rebbi Jacob bar Aḥa in the name of Rebbi Ze‘ira: A baraita says so: If she brought them for their monetary value, she takes them for their monetary value.

“If he did not know her carnally after he was injured in his testicles or his penis was cut off, they may eat.” Rebbi Eleazar said, this is Rebbi Eleazar’s and Rebbi Simeon’s. Rebbi Joḥanan said, it is everybody’s opinion; there is a difference since he did not add an acquisition to disable. It turns out that this disagreement parallels the other disagreement, since they disagreed: A priestly woman waiting for her levir who became eligible to two priestly levirs. If one of them “bespoke” her but did not have occasion to bring her to the marriage chamber before he became injured in his testicles or his penis was damaged, Rebbi Simeon ben Laqish said, since she is a candidate for disabling intercourse, she is disabled. Rebbi Joḥanan said, when he will copulate. If one of them was qualified but the other disqualified, even Rebbi Joḥanan agrees. Rebbi Ḥiyya bar Ada asked before Rebbi Mana, if the qualified one “bespoke” her? He said to him, the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish.

“If he did not know her carnally after he was injured in his testicles or his penis was cut off, they may eat.” Rebbi Eleazar said, this is Rebbi Eleazar’s and Rebbi Simeon’s. Rebbi Joḥanan said, it is everybody’s opinion; there is a difference since he did not add an acquisition to disable. It turns out that this disagreement parallels the other disagreement, since they disagreed: A priestly woman waiting for her levir who became eligible to two priestly levirs. If one of them “bespoke” her but did not have occasion to bring her to the marriage chamber before he became injured in his testicles or his penis was damaged, Rebbi Simeon ben Laqish said, since she is a candidate for disabling intercourse, she is disabled. Rebbi Joḥanan said, when he will copulate. If one of them was qualified but the other disqualified, even Rebbi Joḥanan agrees. Rebbi Ḥiyya bar Ada asked before Rebbi Mana, if the qualified one “bespoke” her? He said to him, the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish.

“If he did not know her carnally after he was injured in his testicles or his penis was cut off, they may eat.” Rebbi Eleazar said, this is Rebbi Eleazar’s and Rebbi Simeon’s. Rebbi Joḥanan said, it is everybody’s opinion; there is a difference since he did not add an acquisition to disable. It turns out that this disagreement parallels the other disagreement, since they disagreed: A priestly woman waiting for her levir who became eligible to two priestly levirs. If one of them “bespoke” her but did not have occasion to bring her to the marriage chamber before he became injured in his testicles or his penis was damaged, Rebbi Simeon ben Laqish said, since she is a candidate for disabling intercourse, she is disabled. Rebbi Joḥanan said, when he will copulate. If one of them was qualified but the other disqualified, even Rebbi Joḥanan agrees. Rebbi Ḥiyya bar Ada asked before Rebbi Mana, if the qualified one “bespoke” her? He said to him, the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish.

HALAKHAH: “Rebbi Joshua said, I heard,” etc. “That the castrate does not perform ḥalîṣah” etc. “Similarly, if the brothers performed ḥalîṣah for a she-ram,” etc. What is a sun-castrate? Rebbi Ḥiyya in the name of Rebbi Joḥanan, anybody whom the sun did not see qualified even for one hour. If somebody stretched out his hand and castrated [the not yet born baby] in the womb, everybody agrees that [when born] he is prohibited from marrying into the congregation and he cannot perform either ḥalîṣah or levirate. One imposes upon him the restrictions of both castrate by human action and sun-castrate in this disagreement.

“If he injured one and then injured the other, or cursed one and then cursed the other, he cannot be prosecuted.” Rebbi Ḥanania asked, does that not disagree with Rebbi Joḥanan? Since they disagree about the second day of holidays in the diaspora. Rebbi Joḥanan said, one accepts forwarning in a case of doubt, Rebbi Simeon ben Laqish said, one does not accept forwarning in a case of doubt. Rebbi Ḥanina said in the name of Rebbi, there is no disagreement. There, it would have been possible to make a determination, here it is impossible to make the determination.

If she was seen going to a secluded place by one witness in the morning and by one witness in the evening, it is to be treated like the following: “If she was together alone with him by the testimony of two witnesses, she needs a second bill of divorce from him; if there was a single witness she does not need a second bill of divorce from him. With one witness in the morning and one witness in the evening, such a case happened and Rebbi Eleazar ben Thaddeus asked the Sages, who told him that this is not being together alone.” If he declared his jealousy before one witness in the morning and before one witness in the evening; since he is a man and she is a woman, his declaration is nothing. Or is it to be treated like the following: “One accepts the witnesses’ testimony only if they saw it together. Rebbi Joshua ben Qorḥah says, even if they saw it one after the other.” Rebbi Jeremiah, Rebbi Samuel bar [Rav] Isaac in the name of Rav: The Sages agree with Rebbi Joshua ben Qorḥah with regard to witnesses of firstlings and witnesses of squatters’ rights. Rebbi Abba in the name of Rebbi Jeremiah. The same holds for testimony regarding signs. In that case, it is obvious if one says, I saw two hairs on his back and the other says, I saw two hairs on his back. If one says, I saw one hair on her back and the other says, I saw one hair on her back, that is nothing; similarly on his back and on his back. If two say, we saw one hair on his back and two others say, we saw one hair on his belly? Rebbi Yose ben Rebbi Abun and Rebbi Hoshaia the son of Rebbi Shammai, one said, it is invalid, but the other said, it is valid. He who says it is invalid considers him as one who testifies to half a sign. He who says it is valid? I say, maybe they were rubbed off. Two say, we saw one hair on his back and two others say, we saw one hair on his belly. Rebbi Ḥaggai said, everybody agrees that this is invalid [testimony]. Rebbi Abba said, everybody agrees that this is valid. Rebbi Yudan said, this is in disagreement; Rebbi Yose said, this is in disagreement. Rebbi Yose said, does not Rebbi Yudan follow my opinion? He answered, I am disagreeing with his teacher, so much more with him. Rebbi Mana said, Rebbi Ḥaggai was correct. If a document was signed by four witnesses and it was disputed, if one person verified the signature of two [witnesses] and another that of the other two, is that worth anything? Does not every single signature need two witnesses? And here, every single hair needs two witnesses. Rebbi Ḥanania learns it from the years of squatting rights. If one [witness] testified that he ate from the property the first, second, and third years and another [witness] testified that he ate from it the fourth, fifth, and sixth, is that worth anything? Does not every single year need two witnesses? And here, ever single hair needs two witnesses.

If she was seen going to a secluded place by one witness in the morning and by one witness in the evening, it is to be treated like the following: “If she was together alone with him by the testimony of two witnesses, she needs a second bill of divorce from him; if there was a single witness she does not need a second bill of divorce from him. With one witness in the morning and one witness in the evening, such a case happened and Rebbi Eleazar ben Thaddeus asked the Sages, who told him that this is not being together alone.” If he declared his jealousy before one witness in the morning and before one witness in the evening; since he is a man and she is a woman, his declaration is nothing. Or is it to be treated like the following: “One accepts the witnesses’ testimony only if they saw it together. Rebbi Joshua ben Qorḥah says, even if they saw it one after the other.” Rebbi Jeremiah, Rebbi Samuel bar [Rav] Isaac in the name of Rav: The Sages agree with Rebbi Joshua ben Qorḥah with regard to witnesses of firstlings and witnesses of squatters’ rights. Rebbi Abba in the name of Rebbi Jeremiah. The same holds for testimony regarding signs. In that case, it is obvious if one says, I saw two hairs on his back and the other says, I saw two hairs on his back. If one says, I saw one hair on her back and the other says, I saw one hair on her back, that is nothing; similarly on his back and on his back. If two say, we saw one hair on his back and two others say, we saw one hair on his belly? Rebbi Yose ben Rebbi Abun and Rebbi Hoshaia the son of Rebbi Shammai, one said, it is invalid, but the other said, it is valid. He who says it is invalid considers him as one who testifies to half a sign. He who says it is valid? I say, maybe they were rubbed off. Two say, we saw one hair on his back and two others say, we saw one hair on his belly. Rebbi Ḥaggai said, everybody agrees that this is invalid [testimony]. Rebbi Abba said, everybody agrees that this is valid. Rebbi Yudan said, this is in disagreement; Rebbi Yose said, this is in disagreement. Rebbi Yose said, does not Rebbi Yudan follow my opinion? He answered, I am disagreeing with his teacher, so much more with him. Rebbi Mana said, Rebbi Ḥaggai was correct. If a document was signed by four witnesses and it was disputed, if one person verified the signature of two [witnesses] and another that of the other two, is that worth anything? Does not every single signature need two witnesses? And here, every single hair needs two witnesses. Rebbi Ḥanania learns it from the years of squatting rights. If one [witness] testified that he ate from the property the first, second, and third years and another [witness] testified that he ate from it the fourth, fifth, and sixth, is that worth anything? Does not every single year need two witnesses? And here, ever single hair needs two witnesses.

HALAKHAH: “Then he starts writing the scroll,” etc. Rebbi Crispus said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed. One said, he administers the oath and then he writes; the other one said, he writes and then he administers the oath. They wanted to say that he who says, he administers the oath and then he writes, follows what is written in the verse but he who says, he writes and then he administers the oath, to join the oath to the drinking. There are Tannaїm who state: The conditions and the oaths impede; there are Tannaїm who state: The oaths impede, the conditions do not impede. They wanted to say that he who says, the conditions and the oaths impede, holds that “law” and “teaching” impedes; but he who says, the oaths impede, the conditions do not impede, does not agree. Certainly he does agree but they are not [written] in order. It turns out that this disagreement is like the previous disagreement. He who says, the conditions and the oaths impede, agrees with him who says, he administers the oath and then he writes; but he who says, the oaths impede, the conditions do not impede, agrees with him who says, he writes and then he administers the oath.

HALAKHAH: “Then he starts writing the scroll,” etc. Rebbi Crispus said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed. One said, he administers the oath and then he writes; the other one said, he writes and then he administers the oath. They wanted to say that he who says, he administers the oath and then he writes, follows what is written in the verse but he who says, he writes and then he administers the oath, to join the oath to the drinking. There are Tannaїm who state: The conditions and the oaths impede; there are Tannaїm who state: The oaths impede, the conditions do not impede. They wanted to say that he who says, the conditions and the oaths impede, holds that “law” and “teaching” impedes; but he who says, the oaths impede, the conditions do not impede, does not agree. Certainly he does agree but they are not [written] in order. It turns out that this disagreement is like the previous disagreement. He who says, the conditions and the oaths impede, agrees with him who says, he administers the oath and then he writes; but he who says, the oaths impede, the conditions do not impede, agrees with him who says, he writes and then he administers the oath.

HALAKHAH: “If somebody declared his jealousy and she went to a secluded place,” etc. Rebbi Joḥanan in the name of Rebbi Yannai: This entire chapter [deals with the case that] he warned her and said to her, do not be at a secluded place with man X, after he declared his jealousy and she went to a secluded place. Rebbi Simeon ben Laqish said, even if she did not go to a secluded place. Rebbi Ze‘ira said before Rebbi Yasa: Not that Rebbi Simeon ben Laqish disagrees, only he is lenient about witnesses to the hiding. We have stated a disagreement. Some state it anonymously. Rebbi Ze‘ira said before Rebbi Mana: Rebbi Joshua does not disagree with what Rebbi Eliezer said, only that we have stated: “Rebbi Joshua says, only if she is the subject of talk of women carding by moonlight.” Rebbi Abba Mari asked: There, Rebbi Ḥizqiah, Rebbi Abbahu said in the name of Rebbi Eleazar, everywhere where Rebbi taught a disagreement and returned to the problem later and taught it anonymously, practice follows the anonymous opinion. And here he says so?

HALAKHAH: “If somebody declared his jealousy and she went to a secluded place,” etc. Rebbi Joḥanan in the name of Rebbi Yannai: This entire chapter [deals with the case that] he warned her and said to her, do not be at a secluded place with man X, after he declared his jealousy and she went to a secluded place. Rebbi Simeon ben Laqish said, even if she did not go to a secluded place. Rebbi Ze‘ira said before Rebbi Yasa: Not that Rebbi Simeon ben Laqish disagrees, only he is lenient about witnesses to the hiding. We have stated a disagreement. Some state it anonymously. Rebbi Ze‘ira said before Rebbi Mana: Rebbi Joshua does not disagree with what Rebbi Eliezer said, only that we have stated: “Rebbi Joshua says, only if she is the subject of talk of women carding by moonlight.” Rebbi Abba Mari asked: There, Rebbi Ḥizqiah, Rebbi Abbahu said in the name of Rebbi Eleazar, everywhere where Rebbi taught a disagreement and returned to the problem later and taught it anonymously, practice follows the anonymous opinion. And here he says so?

HALAKHAH: Rebbi Jeremiah, Rebbi Ḥiyya in the name of Rebbi Simeon ben Laqish: Our Mishnah after the people were suspected of giving tithe to Cohanim. There is support for Rebbi Joḥanan in one and disagreement with him in one. Disagreement with him as we have stated there: “Similarly, the daughter of a Cohen [married] to a Levite should eat neither heave nor tithe.” We understand that she should not eat heave. But tithe any way you take it, if she is a Cohen’s daughter she should eat, if she is a Levite’s wife she should eat. Rebbi Hila in the name of Rebbi Joḥanan: [It follows] him who says one does not give tithe to Cohanim. That means, he himself says one gives heave to Cohanim.

HALAKHAH: Rebbi Jeremiah, Rebbi Ḥiyya in the name of Rebbi Simeon ben Laqish: Our Mishnah after the people were suspected of giving tithe to Cohanim. There is support for Rebbi Joḥanan in one and disagreement with him in one. Disagreement with him as we have stated there: “Similarly, the daughter of a Cohen [married] to a Levite should eat neither heave nor tithe.” We understand that she should not eat heave. But tithe any way you take it, if she is a Cohen’s daughter she should eat, if she is a Levite’s wife she should eat. Rebbi Hila in the name of Rebbi Joḥanan: [It follows] him who says one does not give tithe to Cohanim. That means, he himself says one gives heave to Cohanim.

HALAKHAH: “She says, I was injured by wood,” etc. Rebbi Eleazar said, that follows Rebbi Meïr, since Rebbi Meïr said the ketubah of one injured by wood is 200 [zuz]. Rebbi Yose said, we would think to say, when did Rebbi Meïr disagree with those rabbis? If he took her in assuming she was injured by wood. But if he took her in assuming she was a virgin and it turned out she was injured by wood, then even Rebbi Meïr agrees, since we have stated: “She says, I was injured by wood, but he says not so, you were trampled on by a man.” That means, there is a disagreement even if he took her in assuming she was injured by wood and she turned out to have been injured by wood. Rebbi Jeremiah in the name of Rebbi Ze‘ira did not say so, but: She says, I was injured by wood and my ketubah is 200 [zuz]. He says, it is not so, but you were trampled on by a man and you have no claim on me. What are we talking about? If he married her as a virgin and she turns out to have been injured by wood, Rebbi Meïr will agree. If he married her as one injured by wood and she turns out to have been injured by wood, is there a recognizable difference in the opening of the door between wood or man? Rebbi Huna in the name of Rebbi Ze‘ira did not say so, but: She says, I was injured by wood and so I stipulated with you, but he says, it is not so, but you were trampled on by a man and there was no stipulation between you and me.

Rebbi Jacob bar Aḥa in the name of Rebbi Joshia: Practice follows Rabban Gamliel and Rebbi Eliezer since two form a majority against one. Rebbi Yose asked: If it is practice, why two? And if two, why practice? Would that mean if Rebbi Joḥanan would hold with Rebbi Joshua that practice would not follow Rabban Gamliel and Rebbi Eliezer but Rebbi Joshua? What about it? It is a testimony for which a woman in empowered. They wanted to say, when does Rebbi Joshua disagree with these rabbis? At a place where most are disabling, but at a place where most are qualified, even Rebbi Joshua will agree. There came Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, Rebbi Hila in the name of Rebbi Eleazar: There is disagreement even at a place where most are qualified. Does Rebbi Joshua think that immorality runs after the disabling? Rebbi Ze‘ira said, a baraita stated that even qualified people whore, as it was stated: Even the most pious man cannot be appointed guardian for illicit sex.

Rebbi Abba in the name of Rebbi Jeremiah. The same holds for testimony regarding signs. In that case, it is obvious if one says, I saw two hairs on his back and the other says, I saw two hairs on his back. If one says, I saw one hair on his back and the other says, I saw one hair on his belly, that is nothing; similarly on his back and on his back. If two say, we saw one hair on his back and two others say, we saw one hair on his belly? Rebbi Yose ben Rebbi Abun and Rebbi Hoshaia ben Rebbi Shammai, one said, it is invalid, but the other said, it is valid. He who saysid it is invalid considers him as one who testifies to half a sign. He who said it is valid? Maybe they were rubbed off. One says, I saw two hairs on his back and one says, I saw two hairs on his belly. Rebbi Abba said, everybody agrees that this is valid [testimony]. Rebbi Ḥaggai said, everybody agrees that this is invalid. Rebbi Yose said, this is in disagreement. Rebbi Yose said to Rebbi Ḥaggai, does not Rebbi Yudan follow my opinion? He answered, I am disagreeing with his teacher, so much more with him. Rebbi Mana said, Rebbi Ḥaggai was correct. If a document was signed by four witnesses and it was disputed, if one person verified the signature of two [witnesses] and another that of the other two, is that worth anything? Does not every single signature need two witnesses? And here, every single hair needs two witnesses. Rebbi Ḥanania learns it from the years of possession. If one [witness] testified that he ate from the property the first, second, and third years and another [witness] testified that he ate from it the fourth, fifth, and sixth, is that worth anything? Does not every single year need two witnesses? And here, ever single hair needs two witnesses.

Rebbi Yose ben Rebbi Ḥanina said, a man who rapes or seduces an orphan girl does not have to pay. Rebbi Abba bar Mamai said, that is a disagreement, it follows Rebbi Yose the Galilean. But following Rebbi Aqiba she can claim the fine and the fine becomes her property. Rebbi Yose said, the Mishnah said “at less than three years and one day of age,” and is she not like an orphan? And did we not state: “Because he raped her,” that includes an orphan for a fine, the words of Rebbi Yose the Galilean? Rebbi Aḥai said, explain it that he had intercourse with her when her father was alive; when her father died, he already had the obligation to give to her father.

In error for heave and intentional for leavened, in error for heave and intentional for nazir, in error for heave and intentional for the Day of Atonement. If one explains it with two things, it is fine. If one explains it for one, this is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish.

From where comes this? Rebbi Abbahu in the name of Rebbi Joḥanan: “You shall give them as inheritance to your sons to inherit property,” those to your sons and not your daughters to your sons; the verse speaks about the fine. Rebbi Ḥiyya stated: They have no right to the fines of the daughter nor to payments for seduction or injuries. When does the fine become due? Rebbi Jonah said, from the first moment; Rebbi Yose said, at the end. Rebbi Yose objected to Rebbi Jonah: Since you say, from the first moment, did we not state: “If there were court proceedings during her father’s lifetime, [the payments] are the father’s; after the father’s death they are the brothers’”? He said to him, that refers to what Rebbi Simeon ben Ioḥai stated, “He shall give to the girl; he shall give to the girl’s father.” Rebbi Jonah objected to Rebbi Yose. In your opinion, since you say, at the end, did we not state: “If there were court proceedings before she became an adult, they are the father’s; after she became an adult they belong to herself.” Does an adult have a claim to a fine? He said to him, that refers to what Rebbi Ḥiyya stated, as Rebbi Ḥiyya stated: “Because he mistreated her,” that includes if she was an adolescent and became an adult. Does it turn out that this disagreement parallels another disagreement, as we have stated there: “If he stole from his father, slaughtered or sold, and afterwards [his father] died, …, he pays fourfold or fivefold”? Rebbi Yose objected to Rebbi Ḥaggai: In your opinion, since you say that it depends on the court proceedings, should one not state: If he stole from his father, slaughtered or sold during his father’s lifetime but did not appear in court until after his father’s death, he pays twofold? But it says fourfold or fivefold! But here, everybody agrees that they belong to herself. The only problem is whether he has to pay to her or to her father.

From where comes this? Rebbi Abbahu in the name of Rebbi Joḥanan: “You shall give them as inheritance to your sons to inherit property,” those to your sons and not your daughters to your sons; the verse speaks about the fine. Rebbi Ḥiyya stated: They have no right to the fines of the daughter nor to payments for seduction or injuries. When does the fine become due? Rebbi Jonah said, from the first moment; Rebbi Yose said, at the end. Rebbi Yose objected to Rebbi Jonah: Since you say, from the first moment, did we not state: “If there were court proceedings during her father’s lifetime, [the payments] are the father’s; after the father’s death they are the brothers’”? He said to him, that refers to what Rebbi Simeon ben Ioḥai stated, “He shall give to the girl; he shall give to the girl’s father.” Rebbi Jonah objected to Rebbi Yose. In your opinion, since you say, at the end, did we not state: “If there were court proceedings before she became an adult, they are the father’s; after she became an adult they belong to herself.” Does an adult have a claim to a fine? He said to him, that refers to what Rebbi Ḥiyya stated, as Rebbi Ḥiyya stated: “Because he mistreated her,” that includes if she was an adolescent and became an adult. Does it turn out that this disagreement parallels another disagreement, as we have stated there: “If he stole from his father, slaughtered or sold, and afterwards [his father] died, …, he pays fourfold or fivefold”? Rebbi Yose objected to Rebbi Ḥaggai: In your opinion, since you say that it depends on the court proceedings, should one not state: If he stole from his father, slaughtered or sold during his father’s lifetime but did not appear in court until after his father’s death, he pays twofold? But it says fourfold or fivefold! But here, everybody agrees that they belong to herself. The only problem is whether he has to pay to her or to her father.

“And her burial.” It was stated: If the husband refused to bury her, the father buries her and recovers his expenses in court. Rebbi Ḥaggai said, they said only, the father. Therefore, a third party cannot recover. Rebbi Yose says, both the father and also a third party can recover. There is a parallel disagreement, as we have stated there: “He is required to pay for her upkeep, her ransom, and her burial.” Rebbi Ḥaggai said, they said only, a third party. Therefore, the father can recover. Rebbi Yose says, neither the father nor a third party can recover. In the opinion of Rebbi Ḥaggai, both for burial and for upkeep the father can recover, a third party cannot recover. In the opinion of Rebbi Yose, for burial both the father and also a third party can recover because it is unthinkable that his wife should be thrown to the dogs. It was stated: At a place where it is customary to eulogize, one eulogizes.

Rebbi Samuel ben Rav Isaac said, [the status] of her earnings is between them. Rebbi Meïr says, the earnings are susceptible to be dedicated from the first moment; Rebbi Joḥanan the Alexandrian says, the earnings are not susceptible to be dedicated from the first moment. “What I shall inherit from my father (today) is sold to you, what I shall catch today in my trap is sold to you; his words are valid.” Rebbi Abbahu in the name of Rebbi Joḥanan: If he takes out a loan for his father’s burial shrouds, if his father was sick or in mortal danger. Rebbi Abbahu in the name of Rebbi Joḥanan: Only if the trap was set. And Rebbi Abbahu said in the name of Rebbi Joḥanan: But as a dedication it would not be sanctified. Why? Because of the disagreement of Rebbi Meïr and Rebbi Joḥanan the Alexandrian. One could say, there is a difference about the dedication, because the trap is not usually successful. Rebbi Yose said to Rebbi Jacob bar Aḥa: Do you remember that both you and Rebbi Jeremiah were saying in the name of Rebbi Simeon ben Laqish: Who stated about the dedication, because the trap is not usually successful? The disagreement of Rebbi Meïr and Rebbi Joḥanan the Alexandrian! Rebbi Simeon ben Laqish has many a thought.

Rebbi Samuel ben Rav Isaac said, [the status] of her earnings is between them. Rebbi Meïr says, the earnings are susceptible to be dedicated from the first moment; Rebbi Joḥanan the Alexandrian says, the earnings are not susceptible to be dedicated from the first moment. “What I shall inherit from my father (today) is sold to you, what I shall catch today in my trap is sold to you; his words are valid.” Rebbi Abbahu in the name of Rebbi Joḥanan: If he takes out a loan for his father’s burial shrouds, if his father was sick or in mortal danger. Rebbi Abbahu in the name of Rebbi Joḥanan: Only if the trap was set. And Rebbi Abbahu said in the name of Rebbi Joḥanan: But as a dedication it would not be sanctified. Why? Because of the disagreement of Rebbi Meïr and Rebbi Joḥanan the Alexandrian. One could say, there is a difference about the dedication, because the trap is not usually successful. Rebbi Yose said to Rebbi Jacob bar Aḥa: Do you remember that both you and Rebbi Jeremiah were saying in the name of Rebbi Simeon ben Laqish: Who stated about the dedication, because the trap is not usually successful? The disagreement of Rebbi Meïr and Rebbi Joḥanan the Alexandrian! Rebbi Simeon ben Laqish has many a thought.

HALAKHAH: “If somebody gives money in trust for his daughter and she says, I am trusting my husband,” etc. The Mishnah speaks of the case that he gave at the time of the preliminary marriage. But if he gave at the definitive marriage even Rebbi Meïr agrees If he established the trust after the definitive marriage, that is the disagreement.

Rebbi Yose said, they differ about wives of Cohanim. “Beyond that he has to divorce her and pay the ketubah,” at the end of the second [month]. “Rebbi Jehudah says, if he is an Israel, for one month he should keep her, for two he has to divorce her and pay the ketubah,” at the end of the second [month]. “In the case of the wife of a Cohen for two months he should keep her, for three he has to divorce her and pay the ketubah,” at the beginning of the third. And a disagreement was stated, at the end of three [months], the words of Rebbi Meïr. Rebbi Mana said to him, where no disagreement was stated, you introduce a disagreement. But they disagree if he is an Israel. “Beyond that he has to divorce her and pay the ketubah,” at the beginning of the second [month]. “Rebbi Jehudah says, if he is an Israel, for one month he should keep her, for two he has to divorce her and pay the ketubah,” at the beginning of the second. “In the case of the wife of a Cohen for two months he should keep her, for three he has to divorce her and pay the ketubah,” at the end of three [months]. It was stated thus: At the end of three by everybody’s opinion.

Rebbi Yose said, they differ about wives of Cohanim. “Beyond that he has to divorce her and pay the ketubah,” at the end of the second [month]. “Rebbi Jehudah says, if he is an Israel, for one month he should keep her, for two he has to divorce her and pay the ketubah,” at the end of the second [month]. “In the case of the wife of a Cohen for two months he should keep her, for three he has to divorce her and pay the ketubah,” at the beginning of the third. And a disagreement was stated, at the end of three [months], the words of Rebbi Meïr. Rebbi Mana said to him, where no disagreement was stated, you introduce a disagreement. But they disagree if he is an Israel. “Beyond that he has to divorce her and pay the ketubah,” at the beginning of the second [month]. “Rebbi Jehudah says, if he is an Israel, for one month he should keep her, for two he has to divorce her and pay the ketubah,” at the beginning of the second. “In the case of the wife of a Cohen for two months he should keep her, for three he has to divorce her and pay the ketubah,” at the end of three [months]. It was stated thus: At the end of three by everybody’s opinion.

Rebbi Yose said, they differ about wives of Cohanim. “Beyond that he has to divorce her and pay the ketubah,” at the end of the second [month]. “Rebbi Jehudah says, if he is an Israel, for one month he should keep her, for two he has to divorce her and pay the ketubah,” at the end of the second [month]. “In the case of the wife of a Cohen for two months he should keep her, for three he has to divorce her and pay the ketubah,” at the beginning of the third. And a disagreement was stated, at the end of three [months], the words of Rebbi Meïr. Rebbi Mana said to him, where no disagreement was stated, you introduce a disagreement. But they disagree if he is an Israel. “Beyond that he has to divorce her and pay the ketubah,” at the beginning of the second [month]. “Rebbi Jehudah says, if he is an Israel, for one month he should keep her, for two he has to divorce her and pay the ketubah,” at the beginning of the second. “In the case of the wife of a Cohen for two months he should keep her, for three he has to divorce her and pay the ketubah,” at the end of three [months]. It was stated thus: At the end of three by everybody’s opinion.

HALAKHAH: “Rebbi Simeon says, in the circumstances where he was empowered,” etc. You say, at her entrance they are his: If she sold them they are not sold, if she gave them to a sharecropper he has the reward from it, if she dedicated them as First Fruits they are not dedicated You say, at her exit they are hers, if he sold them they are not sold, if he gave them to a sharecropper she has the reward from it, if he dedicated them as First Fruits, this is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish, since they disagreed: (Deut. 26:11): ‘You shall enjoy all the good things that the Eternal, your God, gave to you and your house.’ This teaches that a person brings First Fruits from his wife’s property.” Rebbi Simeon ben Laqish said, after her death but not during her lifetime. Rebbi Joḥanan said, there is no difference, during her lifetime and after her death. Rebbi Simeon ben Laqish follows his own opinion since he said, a person does not inherit from his wife as a biblical rule. In the opinion of Rebbi Simeon ben Laqish it never was dedicated. In the opinion of Rebbi Joḥanan it is dedicated and the holiness is removed.

If he wrote for her and she wrote for him. Just as he did not lose his rights so she did not lose her rights. If he wrote to her “from preliminary and definitive marriage”, that is the disagreement between the Houses of Shammai and Hillel. In the opinion of the House of Shammai she shall sell; in the opinion of the House of Hillel she should not sell.

Ben Azay says, the heirs of the first say to the heirs of the second: If you are creditors, take what is yours and leave; otherwise let us split evenly between yourselves and us. Rebbi Aqiba said to him: Biblical inheritance “jumped” on the sons of the second; they take their mother’s ketubah and come back to split. Rebbi Mana said, they disagree if there is an excess denar. But if there is no excess denar, even Rebbi Aqiba will agree with Ben Nanas that both parties split evenly. Rebbi Yose ben Rebbi Abun said to him, a situation which was stated without disagreement you turn into a disagreement. They must disagree if there is no excess denar. But if there is an excess denar even Ben Nanas agrees with Rebbi Aqiba that biblical inheritance “jumped” on the sons of the second; they take their mother’s ketubah and come back to split.

Ben Azay says, the heirs of the first say to the heirs of the second: If you are creditors, take what is yours and leave; otherwise let us split evenly between yourselves and us. Rebbi Aqiba said to him: Biblical inheritance “jumped” on the sons of the second; they take their mother’s ketubah and come back to split. Rebbi Mana said, they disagree if there is an excess denar. But if there is no excess denar, even Rebbi Aqiba will agree with Ben Nanas that both parties split evenly. Rebbi Yose ben Rebbi Abun said to him, a situation which was stated without disagreement you turn into a disagreement. They must disagree if there is no excess denar. But if there is an excess denar even Ben Nanas agrees with Rebbi Aqiba that biblical inheritance “jumped” on the sons of the second; they take their mother’s ketubah and come back to split.

HALAKHAH: “Rabban Simeon ben Gamliel says, her sale is valid,” etc. That is, if she sold them in four contracts. If she sold them in one contract, there is disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish, as they disagreed: If somebody wrote all his property over to two persons in one document and the testimony of the witnesses was valid for one but invalid for the other. Rebbi Hila in the name of Rebbi Yasa: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed; one said, since it is invalid for one it is invalid for the other, but the other said, it is valid for one and invalid for the other. Rebbi Mana did not specify; Rebbi Abin specified: Rebbi Joḥanan said, since it is invalid for one it is invalid for the other; but Rebbi Simeon ben Laqish said, it is valid for one and invalid for the other. Rebbi Elazar said, a Mishnah supports Rebbi Joḥanan: “Since testimony of two [witnesses] is invalid if one of them turns out to be related or disqualified, so also of three [witnesses] it is invalid if one of them turns out to be related or disqualified. From where even 100? The verse says, ‘witnesses’”. Rebbi Jacob bar Aḥa said, Rebbi Ḥananiah the colleague of the rabbis and the rabbis disagree. One says, the argument of Rebbi Eleazar is correct, but the other says, the argument of Rebbi Eleazar is not correct. For him who says, the argument of Rebbi Eleazar is correct, it is as if there was one testimony about one person. For him who says, the argument of Rebbi Eleazar is not correct, it is as if two groups of witnesses came, valid for one and disqualified for the other.

Rebbi Simon in the name of Rebbi Joshua ben Levi: One stated this only for the ketubah of a mina or 200 [zuz]. But a ketubah of 1’000 denar she collects forever. Rebbi Abbahu quoted in the name of Rebbi Joḥanan: Even a ketubah of 1’000 denar she can collect only up to 25 years. This disagreement parallels the following disagreement, as was stated there: “Torts are estimated from choice land, creditor’s claims from average, and a woman’s ketubah from the least valuable.” Rebbi Jeremiah said to him, this was stated only for the ketubah of a mina or 200 [zuz], but a ketubah of 1’000 denar is evaluated in terms of average quality land. But Rebbi Yose said, even a ketubah of 1’000 denar she collects only from the least valuable land. It turns out that Rebbi Yose follows Rebbi Joḥanan and Rebbi Jeremiah Rebbi Joshua ben Levi. As we have stated there: “If somebody signs over his property to his sons and signs over some real estate to his wife, she lost her claim to ketubah.” Rav said, if he lets them acquire through her. Samuel says, if he distributes in her presence. Rebbi Yose ben Ḥanina said, they stated here a relaxation of the laws of ketubah. Rebbi Abba said, the reason of Rebbi Yose ben Ḥanina is that it applies not only to a ketubah of a mina or two hundred, but even regarding a ketubah of one thousand denar they proclaimed a relaxation of the laws of ketubah.

Rebbi Simon in the name of Rebbi Joshua ben Levi: One stated this only for the ketubah of a mina or 200 [zuz]. But a ketubah of 1’000 denar she collects forever. Rebbi Abbahu quoted in the name of Rebbi Joḥanan: Even a ketubah of 1’000 denar she can collect only up to 25 years. This disagreement parallels the following disagreement, as was stated there: “Torts are estimated from choice land, creditor’s claims from average, and a woman’s ketubah from the least valuable.” Rebbi Jeremiah said to him, this was stated only for the ketubah of a mina or 200 [zuz], but a ketubah of 1’000 denar is evaluated in terms of average quality land. But Rebbi Yose said, even a ketubah of 1’000 denar she collects only from the least valuable land. It turns out that Rebbi Yose follows Rebbi Joḥanan and Rebbi Jeremiah Rebbi Joshua ben Levi. As we have stated there: “If somebody signs over his property to his sons and signs over some real estate to his wife, she lost her claim to ketubah.” Rav said, if he lets them acquire through her. Samuel says, if he distributes in her presence. Rebbi Yose ben Ḥanina said, they stated here a relaxation of the laws of ketubah. Rebbi Abba said, the reason of Rebbi Yose ben Ḥanina is that it applies not only to a ketubah of a mina or two hundred, but even regarding a ketubah of one thousand denar they proclaimed a relaxation of the laws of ketubah.

HALAKHAH: “If somebody went overseas,” etc. Rebbi Abba bar Mamal asked: If somebody pays off somebody else’s debt without the latter’s knowledge, is that the disagreement of Ḥanan and the High Priests’ sons? Rebbi Yose said, there the reason of the High Priest’s sons is that he would not expect his wife to starve. But here, [the debtor could say:] “I could negotiate with him and he would forgive some.” Think of it, if [the loan] was on a pledge! “I could negotiate with him and he would return my pledge.” So far about a creditor who does not push [for repayment]. Even for a creditor who pushes, we can hear from the following: “He may give his šeqel.” If somebody does not pay his šeqel, does one not take a pledge from him? This says, even for a creditor who pushes. You should know that this is so, as we have stated: “He can bring for him nests for males or females suffering from genital discharges, nests for childbirth, purification and reparation offerings” since nothing of these comes to [the other person’s] hand. And here also, that nothing should come into his hand.

As it was stated: “If somebody went overseas and another person provided for his wife.” Rebbi Ḥaggai said, they said only, another. Therefore, the father can recover. Rebbi Yose says, neither the father nor a third party can recover. There is a parallel disagreement, as we have stated there: “He has the right to what she finds and to her earnings, to dissolve her vows, and to receive her bill of divorce, but cannot eat usufruct in her lifetime… He is required to pay for her upkeep, her ransom, and her burial.” Rebbi Ḥaggai said, they said only, the father. Therefore, a third party cannot recover. Rebbi Yose says, both the father or a third party can recover. In the opinion of Rebbi Ḥaggai, both for burial as for upkeep the father can recover, a third party cannot recover. In the opinion of Rebbi Yose, for burial both the father and also a third party can recover because it is unthinkable that his wife should be thrown to the dogs. For sustenance, neither the father nor a third party can recover.

HALAKHAH: “If one is under a vow [not to have] usufruct from another,” etc. Rebbi Abba bar Mamal asked: If somebody pays off somebody else’s debt without the latter’s knowledge, is that the disagreement of Ḥanan and the High Priests’ sons? Rebbi Yose said, there the reason of the High Priest’s sons is that nobody expects his wife to die from hunger. But here, [the debtor could say:] “I could negotiate with him and he would forgive some.” Think of it, if [the loan] was on a pledge! “I could negotiate with him and he would return my pledge.” So far about a creditor who does not push [for repayment]. Even for a creditor who pushes, we can hear from the following: “He may give his šeqel. If somebody does not pay his šeqel, does one not take a pledge from him? This says, even for a creditor who pushes. You should know that this is so, as we have stated: “He can bring for him nests for males or females suffering from genital discharges, nests for childbirth, purification and reparation offerings” since nothing of these comes to [the other person’s] hand. And here also, that nothing should come into his hand.

It turns out that one disagreement is like an other other disagreement, as it was stated: On the Day of Atonement, one has to detail one’s deeds, the words of Rebbi Jehudah ben Bathyra. Rebbi Aqiba says, one does not have to detail the sin. Some Tannïm state, one has to detail the vow; some Tannïm state, one does not have to detail the vow. A person made a vow not to earn money. He came before Rebbi Yudan bar Shalom. He asked him, what did you forswear to yourself? He said to him, not to earn money. Rebbi Yudan said to him, is there anyone doing that? He said to him, as a gambler. He said, praise to Him Who chose the Torah and the Sages who said, one has to detail the vow.

It turns out that one disagreement is like an other other disagreement, as it was stated: On the Day of Atonement, one has to detail one’s deeds, the words of Rebbi Jehudah ben Bathyra. Rebbi Aqiba says, one does not have to detail the sin. Some Tannïm state, one has to detail the vow; some Tannïm state, one does not have to detail the vow. A person made a vow not to earn money. He came before Rebbi Yudan bar Shalom. He asked him, what did you forswear to yourself? He said to him, not to earn money. Rebbi Yudan said to him, is there anyone doing that? He said to him, as a gambler. He said, praise to Him Who chose the Torah and the Sages who said, one has to detail the vow.

“I did not vow as a nazir,” he is permitted. “I already had been a nazir,” he is forbidden. Rebbi Abun bar Ḥiyya in the name of Rebbi Avina, Rebbi Immi in the name of Rebbi Yose bar Ḥanina: If somebody says, I am like ‘orlah juice, he did not say anything. The colleagues say, that follows Rebbi Simeon in a disagreement. As we have stated there: “If somebody said, an oath that I shall not eat, but he ate carcass or torn meat, abominations or crawling things, he is guilty. But Rebbi Simeon declares him free from prosecution.” Rebbi Ze‘ira said, they disagree if it is an inclusive statement. But if it is a detailed statement, everybody agrees that no oath can be applied to prohibitions. And here, we consider an inclusive statement. Rebbi Yudan said, one is about vows, the other about oaths. Vows can be applied to prohibitions but no oaths can be applied to prohibitions.

Rebbi [Yose] said to the colleagues: You should know that Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree: If somebody split a limb from a living animal and ate it, everybody agrees that he is free from prosecution. Where do they disagree? If he split it in his mouth before he ate it. Rebbi Joḥanan considers his mouth as inside, Rebbi Simeon ben Laqish considers his mouth as outside. They asked him, what do you say? He answered them, I informed you that mighty mountains disagree, and you ask this? If it is so, even if he split it outside and then ate, he should be guilty! Why? That is how one eats. If somebody split an ant in his mouth and ate it, that is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Maisha asked Rebbi Ze‘ira: If he split a grape in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? He answered, there it is something for which there is a prohibition and impurity. In a circumstance in which its impurity disappeard, its prohibition disappeared. But here is a prohibition and no impurity. Rebbi Abba ben Rebbi Mamal asked: If he split an olive-sized bit of mazzah in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Rebbi Yose ben Rebbi Abun said, in the other cases, his palate did not enjoy an olive sized bit. The rabbis of Caesarea said that Rebbi Nisa asked: If he split in his mouth pomegranate berries which are ‘orlah and ate them, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Where do we hold? If because of fluids, we already did state: “Nothing makes impure as a drink except what comes from olives and grapes.” The rabbis of Caesarea said, explain it if he swallowed them.

Rebbi [Yose] said to the colleagues: You should know that Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree: If somebody split a limb from a living animal and ate it, everybody agrees that he is free from prosecution. Where do they disagree? If he split it in his mouth before he ate it. Rebbi Joḥanan considers his mouth as inside, Rebbi Simeon ben Laqish considers his mouth as outside. They asked him, what do you say? He answered them, I informed you that mighty mountains disagree, and you ask this? If it is so, even if he split it outside and then ate, he should be guilty! Why? That is how one eats. If somebody split an ant in his mouth and ate it, that is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Maisha asked Rebbi Ze‘ira: If he split a grape in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? He answered, there it is something for which there is a prohibition and impurity. In a circumstance in which its impurity disappeard, its prohibition disappeared. But here is a prohibition and no impurity. Rebbi Abba ben Rebbi Mamal asked: If he split an olive-sized bit of mazzah in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Rebbi Yose ben Rebbi Abun said, in the other cases, his palate did not enjoy an olive sized bit. The rabbis of Caesarea said that Rebbi Nisa asked: If he split in his mouth pomegranate berries which are ‘orlah and ate them, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Where do we hold? If because of fluids, we already did state: “Nothing makes impure as a drink except what comes from olives and grapes.” The rabbis of Caesarea said, explain it if he swallowed them.

Rebbi [Yose] said to the colleagues: You should know that Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree: If somebody split a limb from a living animal and ate it, everybody agrees that he is free from prosecution. Where do they disagree? If he split it in his mouth before he ate it. Rebbi Joḥanan considers his mouth as inside, Rebbi Simeon ben Laqish considers his mouth as outside. They asked him, what do you say? He answered them, I informed you that mighty mountains disagree, and you ask this? If it is so, even if he split it outside and then ate, he should be guilty! Why? That is how one eats. If somebody split an ant in his mouth and ate it, that is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Maisha asked Rebbi Ze‘ira: If he split a grape in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? He answered, there it is something for which there is a prohibition and impurity. In a circumstance in which its impurity disappeard, its prohibition disappeared. But here is a prohibition and no impurity. Rebbi Abba ben Rebbi Mamal asked: If he split an olive-sized bit of mazzah in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Rebbi Yose ben Rebbi Abun said, in the other cases, his palate did not enjoy an olive sized bit. The rabbis of Caesarea said that Rebbi Nisa asked: If he split in his mouth pomegranate berries which are ‘orlah and ate them, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Where do we hold? If because of fluids, we already did state: “Nothing makes impure as a drink except what comes from olives and grapes.” The rabbis of Caesarea said, explain it if he swallowed them.

Rebbi [Yose] said to the colleagues: You should know that Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree: If somebody split a limb from a living animal and ate it, everybody agrees that he is free from prosecution. Where do they disagree? If he split it in his mouth before he ate it. Rebbi Joḥanan considers his mouth as inside, Rebbi Simeon ben Laqish considers his mouth as outside. They asked him, what do you say? He answered them, I informed you that mighty mountains disagree, and you ask this? If it is so, even if he split it outside and then ate, he should be guilty! Why? That is how one eats. If somebody split an ant in his mouth and ate it, that is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Maisha asked Rebbi Ze‘ira: If he split a grape in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? He answered, there it is something for which there is a prohibition and impurity. In a circumstance in which its impurity disappeard, its prohibition disappeared. But here is a prohibition and no impurity. Rebbi Abba ben Rebbi Mamal asked: If he split an olive-sized bit of mazzah in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Rebbi Yose ben Rebbi Abun said, in the other cases, his palate did not enjoy an olive sized bit. The rabbis of Caesarea said that Rebbi Nisa asked: If he split in his mouth pomegranate berries which are ‘orlah and ate them, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Where do we hold? If because of fluids, we already did state: “Nothing makes impure as a drink except what comes from olives and grapes.” The rabbis of Caesarea said, explain it if he swallowed them.

If he drank wine within the first 30 days, he is (not) whipped; within the last 30 days, he is [] whipped. The one coming from the general population cannot be whipped, either for the (second) or the last period. So far, if he was warned separately for each period. If they warned him for both together this is the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish who disagreed about the two days of holiday in the diaspora. Rebbi Joḥanan said, one accepts warning in case of a doubt; Rebbi Simeon ben Laqish said, one does not accept warning in case of a doubt.

If his master forced him in one respect, did he force him in all respects? We came to the disagreement between Rebbi Meїr and Rebbi Yose: “If [the slave] is not in the presence of his master, Rebbi Meїr says, he cannot drink, but Rebbi Yose says, he may drink.” Where do we hold? If he told him, drink whether in my presence or not in my presence, even Rebbi Meїr will agree. If he told him, drink in my presence, do not drink in my absence, even Rebbi Yose will agree. But we hold in the case that he tells him: “drink!” Rebbi Meїr says, [it means] drink in my presence, do not drink in my absence. Rebbi Yose says, [it is] as if he said, drink whether in my presence or not in my presence.

There, we have stated: “If a vineyard is planted with less that four cubits of space, Rebbi Simeon says that it is no vineyard. But the Sages say that it is a vineyard and one disregards the plants in the middle as if nonexistent.” Simeon bar Abba in the name of Rebbi Joḥanan: Just as they disagree here, they disagree about a graveyard. Rebbi Jonah said, one cannot compare these. There, they form a graveyard; here, they do not form a graveyard. Rebbi Yose said, one cannot compare these. There, if they were spaced apart and one moved them closer together, that is the disagreement. If they were close and one moved them apart, everybody would agree. But here, what is their disagreement? When one found them close together. Rebbi Simeon said, a landslide fell on them and compressed them. But the Sages say, were they spaced apart and somebody brought them close together?”