disqualifies

Rebbi Simeon ben Laqish said, they only stated “the other”, not a stranger’s. Rebbi Joḥanan said, even a stranger’s. Rebbi Jeremiah, Rebbi Immi in the name of Rebbi Joḥanan, even a loaf. They said, Rebbi Joḥanan retracted this; when he said so it was before he changed his mind. He only said to make a loaf impure, because of “anything which disqualifies heave makes hands impure in the second degree.” Therefore to make a loaf impure everybody agrees that it does not make impure, since “no second degree creates second degree.”

MISHNAH: If a daughter of an Israel married a Cohen who then died and left her pregnant, her slaves may not eat heave because of the share of the fetus. A fetus disqualifies but cannot enable to eat, the words of Rebbi Yose. They said to him, after you testified before us about the daughter of an Israel [married] to a Cohen, even if a daughter of a Cohen [was married] to a Cohen who died and left her pregnant, her slaves may not eat heave because of the share of the fetus.

“If they are unable to marry in Israel they disable.” These are: “A child of nine years and one day, an Ammonite, Moabite, or Egyptian proselyte, or a bastard, desecrated, Gibeonite, Samaritan, and Gentile who had intercourse with the daughter of an Israel, a Cohen, or a Levite, disqualified her for the priesthood. Rebbi Yose said, everybody’s intercourse disqualifies whose descendant would be disqualified; his intercourse does not disqualify those whose descendant would not be disqualified. Rabban Simeon ben Gamliel says, in all cases, if his daughter is permitted to you, so is his widow; if his daughter is not permitted to you, neither is his widow.” In what do they differ? Rebbi Joḥanan says, an Ammonite or Moabite proselyte is between them. For him who says, everybody’s intercourse disqualifies whose descendant would be disqualified, here since his descendant would be disqualified, his intercourse disqualifies. For him who says, if you may marry his daughter you may marry his widow, here since you may marry his daughter you may marry his widow. The words of the Sages? Rebbi Jeremiah in the name of [the rabbis], Rebbi Abba, both say: Regarding the daughter of an Ammonite or Moabite proselyte or the daughter of a second-generation Egyptian, even though his daughter is permitted to you, his widow is forbidden to you. Rebbi Zakkai: Rebbi Alexander sent to ask [about] the daughter of an Ammonite proselyte and the daughter of a second-generation Egyptian. Rebbi Yose said to him, did you not hear that Rebbi Jeremiah in the name of the rabbis, Rebbi Abba, both say: Regarding the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian, even though his daughter is permitted to you, his widow is forbidden to you. And everybody’s intercourse disqualifies whose descendant would be disqualified. Do we not need it when her mother was from Israel? That you should not say that since her mother was desecrated so her daughter was desecrated. In addition, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed, the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian, Rebbi Joḥanan said, they are acceptable, Rebbi Simeon ben Laqish said, they are disqualified. Rebbi Yose ben Abun said, they disagree about the old women: Rebbi Joḥanan said, they are acceptable, Rebbi Simeon ben Laqish said, they are disqualified.

“If they are unable to marry in Israel they disable.” These are: “A child of nine years and one day, an Ammonite, Moabite, or Egyptian proselyte, or a bastard, desecrated, Gibeonite, Samaritan, and Gentile who had intercourse with the daughter of an Israel, a Cohen, or a Levite, disqualified her for the priesthood. Rebbi Yose said, everybody’s intercourse disqualifies whose descendant would be disqualified; his intercourse does not disqualify those whose descendant would not be disqualified. Rabban Simeon ben Gamliel says, in all cases, if his daughter is permitted to you, so is his widow; if his daughter is not permitted to you, neither is his widow.” In what do they differ? Rebbi Joḥanan says, an Ammonite or Moabite proselyte is between them. For him who says, everybody’s intercourse disqualifies whose descendant would be disqualified, here since his descendant would be disqualified, his intercourse disqualifies. For him who says, if you may marry his daughter you may marry his widow, here since you may marry his daughter you may marry his widow. The words of the Sages? Rebbi Jeremiah in the name of [the rabbis], Rebbi Abba, both say: Regarding the daughter of an Ammonite or Moabite proselyte or the daughter of a second-generation Egyptian, even though his daughter is permitted to you, his widow is forbidden to you. Rebbi Zakkai: Rebbi Alexander sent to ask [about] the daughter of an Ammonite proselyte and the daughter of a second-generation Egyptian. Rebbi Yose said to him, did you not hear that Rebbi Jeremiah in the name of the rabbis, Rebbi Abba, both say: Regarding the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian, even though his daughter is permitted to you, his widow is forbidden to you. And everybody’s intercourse disqualifies whose descendant would be disqualified. Do we not need it when her mother was from Israel? That you should not say that since her mother was desecrated so her daughter was desecrated. In addition, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed, the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian, Rebbi Joḥanan said, they are acceptable, Rebbi Simeon ben Laqish said, they are disqualified. Rebbi Yose ben Abun said, they disagree about the old women: Rebbi Joḥanan said, they are acceptable, Rebbi Simeon ben Laqish said, they are disqualified.

“If they are unable to marry in Israel they disable.” These are: “A child of nine years and one day, an Ammonite, Moabite, or Egyptian proselyte, or a bastard, desecrated, Gibeonite, Samaritan, and Gentile who had intercourse with the daughter of an Israel, a Cohen, or a Levite, disqualified her for the priesthood. Rebbi Yose said, everybody’s intercourse disqualifies whose descendant would be disqualified; his intercourse does not disqualify those whose descendant would not be disqualified. Rabban Simeon ben Gamliel says, in all cases, if his daughter is permitted to you, so is his widow; if his daughter is not permitted to you, neither is his widow.” In what do they differ? Rebbi Joḥanan says, an Ammonite or Moabite proselyte is between them. For him who says, everybody’s intercourse disqualifies whose descendant would be disqualified, here since his descendant would be disqualified, his intercourse disqualifies. For him who says, if you may marry his daughter you may marry his widow, here since you may marry his daughter you may marry his widow. The words of the Sages? Rebbi Jeremiah in the name of [the rabbis], Rebbi Abba, both say: Regarding the daughter of an Ammonite or Moabite proselyte or the daughter of a second-generation Egyptian, even though his daughter is permitted to you, his widow is forbidden to you. Rebbi Zakkai: Rebbi Alexander sent to ask [about] the daughter of an Ammonite proselyte and the daughter of a second-generation Egyptian. Rebbi Yose said to him, did you not hear that Rebbi Jeremiah in the name of the rabbis, Rebbi Abba, both say: Regarding the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian, even though his daughter is permitted to you, his widow is forbidden to you. And everybody’s intercourse disqualifies whose descendant would be disqualified. Do we not need it when her mother was from Israel? That you should not say that since her mother was desecrated so her daughter was desecrated. In addition, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed, the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian, Rebbi Joḥanan said, they are acceptable, Rebbi Simeon ben Laqish said, they are disqualified. Rebbi Yose ben Abun said, they disagree about the old women: Rebbi Joḥanan said, they are acceptable, Rebbi Simeon ben Laqish said, they are disqualified.

“If they are unable to marry in Israel they disable.” These are: “A child of nine years and one day, an Ammonite, Moabite, or Egyptian proselyte, or a bastard, desecrated, Gibeonite, Samaritan, and Gentile who had intercourse with the daughter of an Israel, a Cohen, or a Levite, disqualified her for the priesthood. Rebbi Yose said, everybody’s intercourse disqualifies whose descendant would be disqualified; his intercourse does not disqualify those whose descendant would not be disqualified. Rabban Simeon ben Gamliel says, in all cases, if his daughter is permitted to you, so is his widow; if his daughter is not permitted to you, neither is his widow.” In what do they differ? Rebbi Joḥanan says, an Ammonite or Moabite proselyte is between them. For him who says, everybody’s intercourse disqualifies whose descendant would be disqualified, here since his descendant would be disqualified, his intercourse disqualifies. For him who says, if you may marry his daughter you may marry his widow, here since you may marry his daughter you may marry his widow. The words of the Sages? Rebbi Jeremiah in the name of [the rabbis], Rebbi Abba, both say: Regarding the daughter of an Ammonite or Moabite proselyte or the daughter of a second-generation Egyptian, even though his daughter is permitted to you, his widow is forbidden to you. Rebbi Zakkai: Rebbi Alexander sent to ask [about] the daughter of an Ammonite proselyte and the daughter of a second-generation Egyptian. Rebbi Yose said to him, did you not hear that Rebbi Jeremiah in the name of the rabbis, Rebbi Abba, both say: Regarding the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian, even though his daughter is permitted to you, his widow is forbidden to you. And everybody’s intercourse disqualifies whose descendant would be disqualified. Do we not need it when her mother was from Israel? That you should not say that since her mother was desecrated so her daughter was desecrated. In addition, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed, the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian, Rebbi Joḥanan said, they are acceptable, Rebbi Simeon ben Laqish said, they are disqualified. Rebbi Yose ben Abun said, they disagree about the old women: Rebbi Joḥanan said, they are acceptable, Rebbi Simeon ben Laqish said, they are disqualified.

HALAKHAH: “The following are permitted to their husbands,” etc. He only said “betrothed”, but if he copulated with her, the copulation disqualifies her. That is what we stated: “Forbidden to both of them.”

There, we have stated: “A forced bill of divorce is valid in Israel; it is invalid from Gentiles.” Samuel said, it is invalid and disqualifies for the priesthood. And Samuel said, publicize in your towns: It is invalid and disqualifies for the priesthood. Samuel said, one does not force, only disqualify. Samuel said, one does not force except for example a widow married to a High Priest, a divorcee or one freed by ḥalîṣah for a simple priest. But did we not state: “Secondarily forbidden”? Did he not say “for example”? But did we not state: “A person who by a vow forbids his wife to have any usufruct from him, up to 30 days he shall appoint a caretaker; after 30 days he shall divorce her and pay Ketubah”! We heard that he shall divorce; did we hear that one forces him?

There, we have stated: “A forced bill of divorce is valid in Israel; it is invalid from Gentiles.” Samuel said, it is invalid and disqualifies for the priesthood. And Samuel said, publicize in your towns: It is invalid and disqualifies for the priesthood. Samuel said, one does not force, only disqualify. Samuel said, one does not force except for example a widow married to a High Priest, a divorcee or one freed by ḥalîṣah for a simple priest. But did we not state: “Secondarily forbidden”? Did he not say “for example”? But did we not state: “A person who by a vow forbids his wife to have any usufruct from him, up to 30 days he shall appoint a caretaker; after 30 days he shall divorce her and pay Ketubah”! We heard that he shall divorce; did we hear that one forces him?

From where that the intercourse of a disabled disables? What are we talking about? If about a married woman, there is a serious [offense]. If about a widow married to the High Priest, it already is written “The man shall bring his wife to the Cohen.” What is equal between them is: Everybody’s intercourse disqualifies those whose descendant would be disqualified. These are: “A child of nine years and one day, an Ammonite, Moabite, Edomite, or Egyptian proselyte, or a bastard, desecrated, Gibeonite, Samaritan, and Gentile who had intercourse with the daughter of a Cohen, a Levite, or an Israel, disqualified her for the priesthood. Rebbi Yose said, everybody’s intercourse disqualifies those whose descendant would be disqualified; his intercourse does not disqualify those whose descendant would not be disqualified. Rabban Simeon ben Gamliel says, in all cases, if his daughter is permitted to you, so is his widow; if his daughter is not permitted to you, neither is his widow.”

From where that the intercourse of a disabled disables? What are we talking about? If about a married woman, there is a serious [offense]. If about a widow married to the High Priest, it already is written “The man shall bring his wife to the Cohen.” What is equal between them is: Everybody’s intercourse disqualifies those whose descendant would be disqualified. These are: “A child of nine years and one day, an Ammonite, Moabite, Edomite, or Egyptian proselyte, or a bastard, desecrated, Gibeonite, Samaritan, and Gentile who had intercourse with the daughter of a Cohen, a Levite, or an Israel, disqualified her for the priesthood. Rebbi Yose said, everybody’s intercourse disqualifies those whose descendant would be disqualified; his intercourse does not disqualify those whose descendant would not be disqualified. Rabban Simeon ben Gamliel says, in all cases, if his daughter is permitted to you, so is his widow; if his daughter is not permitted to you, neither is his widow.”

Rebbi Eleazar said to him: Is not the dough widow qualified but her daughter is disqualified? He said to him, whoever declares her to be qualified, declares her daughter to be qualified. Rebbi Jacob bar Aḥa said, did he not say “whoever declares her to be qualified”? This implies that there is another who disqualifies! Who declares qualified? Rebbi Meïr. Who disqualifies? The rabbis. As we have stated: What is qualified dough, anyone about whom there is [no suspicion of descent from] a desecrated, a bastard, or a Gibeonite. Rebbi Meïr says, the daughter of any woman not tainted with one of these is qualified for thepriesthood. But about a family in which a disability had disappeared, Rebbi Meïr says he checks up to four mothers and marries, but the Sages say, he checks forever.

Rebbi Eleazar said to him: Is not the dough widow qualified but her daughter is disqualified? He said to him, whoever declares her to be qualified, declares her daughter to be qualified. Rebbi Jacob bar Aḥa said, did he not say “whoever declares her to be qualified”? This implies that there is another who disqualifies! Who declares qualified? Rebbi Meïr. Who disqualifies? The rabbis. As we have stated: What is qualified dough, anyone about whom there is [no suspicion of descent from] a desecrated, a bastard, or a Gibeonite. Rebbi Meïr says, the daughter of any woman not tainted with one of these is qualified for thepriesthood. But about a family in which a disability had disappeared, Rebbi Meïr says he checks up to four mothers and marries, but the Sages say, he checks forever.

Rebbi Hila said in the name of Rebbi Yannai: He cohabited with her inside of Sepphoris. Rebbi Abba in the name of Rebbi Yannai: If he was seen coming out of Sepphoris and he cohabited, the presumption is that he disqualifies since he cohabited there. What about a thoroughfare? Rebbi Jeremiah bar Abba, Rebbi Yose says: By a majority. The force of Rebbi Jeremiah comes from the following which Rebbi Ḥiyya had said in the name of Rebbi Joḥanan: If a wall fell in a dead-end street populated by Gentiles, but where one Jew lived, one digs there because of the Jew; but in a thoroughfare one follows the majority. And what is the interpretation of what Rebbi Abba said in the name of Rebbi Yannai, if he was seen coming out of Sepphoris and he cohabited, the presumption is that he is disqualified since he cohabited there? In the opinion of Rebbi Jeremiah, if one saw him coming out of a house. In the opinion of Rebbi Yose, even in a thoroughfare. If Sepphoris was locked. Rebbi Yose says, until there is proof. But here, Rebbi Yose says, by a majority! The force of Rebbi Yose comes from the following, which Rebbi Ze‘ira had said: Rebbi [Ḥiyya] (Yose) in the name of Rebbi Joḥanan: If his [box] (bread) was exchanged at the miller’s, if it was established that an am haäreẓ gave [grain] to be milled there that day, he has to worry; otherwise, he does not have to worry. Should he not worry? What is the difference between this and the Saracens? Was it not stated: “If a group of Saracens one day provisioned themselves from forbidden supplies, then that day becomes a proof for all days.” It is impossible for Saracens not to supply themselves. But here it was not established that the am haäreẓ was milling there that day. And here, I am saying that the disqualified person went to draw water only that day, and one has to worry. And here, Rebbi Hila said in the name of Rebbi Yannai: He cohabited with her inside of Sepphoris. And here, Rebbi Abba said in the name of Rebbi Yannai: If he was seen coming out of Sepphoris and he cohabited, the presumption is that he is disqualified since he cohabited there.

There, we have stated: “A forced bill of divorce is valid in Israel; it is invalid from Gentiles.” Samuel said, it is invalid and disqualifies for the priesthood. Samuel said, one does not force, only disqualify. Samuel said, one does not force except for example a widow married to a High Priest, a divorcee or one freed by ḥalîṣah for a simple priest. But did we not state: “Secondarily forbidden”? Did he not say “for example”? But did we not state: “A person who by a vow forbids his wife to have any usufruct from him, up to 30 days he shall appoint a caretaker; after 30 days he shall divorce her and pay ketubah”! We heard that he shall divorce; did we hear that one forces him?

MISHNAH: If one says, “give this bill of divorce to my wife or this document of manumission to my slave,” if he wants to change his mind in either case he can retract, the words of Rebbi Meïr. But the Sages say, only for women’s bills of divorce but not for slaves’ documents of manumission because one may bestow benefit on a person in his absence but put a detriment on him only in his presence; for if one chooses not to sustain his slave, he has the right not to do so, but not to sustain his wife he has no right. He said to them, but he disqualifies his slave for heave the same way he disqualifies his wife! They answered him, because he is his property. If one says, “give this bill of divorce to my wife or this document of manumission to my slave” and dies, they shall not be delivered after his death; “give this mina to Mr. X” and dies, they shall deliver it after his death.

MISHNAH: If one says, “give this bill of divorce to my wife or this document of manumission to my slave,” if he wants to change his mind in either case he can retract, the words of Rebbi Meïr. But the Sages say, only for women’s bills of divorce but not for slaves’ documents of manumission because one may bestow benefit on a person in his absence but put a detriment on him only in his presence; for if one chooses not to sustain his slave, he has the right not to do so, but not to sustain his wife he has no right. He said to them, but he disqualifies his slave for heave the same way he disqualifies his wife! They answered him, because he is his property. If one says, “give this bill of divorce to my wife or this document of manumission to my slave” and dies, they shall not be delivered after his death; “give this mina to Mr. X” and dies, they shall deliver it after his death.

HALAKHAH: If one says, “give this bill of divorce to my wife,” etc. Elsewhere you say that “give” means “bring”, but here you say that “give” means “acquire”! So is the Mishnah: “Acquire this bill of divorce for my wife; acquire this document of manumission for my slave.” The formulation of the Mishnah says so: “Because one may bestow benefit on a person in his absence but put a detriment on a person only in his presence.” Rebbi Meïr says, it is a detriment for either of them, but the Sages say it is a benefit for the slave but a detriment for the wife. Rebbi Ḥiyya bar Abba said, Rebbi Joḥanan asked: Think of it, if he was the slave of a rich person, would it not be a detriment for the slave? The colleagues said, Rebbi Joḥanan asked: Think of it, if she was the wife of a man suffering from boils, would it not be a benefit for the woman? You have only the following: If one sells his slave without the latter’s knowledge, is the sale of the slave not valid? If one divorces his wife without her knowledge, is the divorce valid because she was acquired by him? Rebbi Abin said, he is his property but he disqualifies him for heave.

HALAKHAH: “That is how the punctilious in Jerusalem used to write. A forced bill of divorce among Jews is valid, from Gentiles it is invalid”. Samuel said, it is invalid and disqualifies from the priesthood. Samuel said, one does not force, only disqualify. Samuel said, one does not force except for example a widow married to a High Priest, a divorcee or one freed by ḥalȋṣah in the case of a simple priest. But did we not state: “Secondarily forbidden”? Did he not say “for example”? But did we not state: “A person who by a vow forbids his wife to have any usufruct from him for up to 30 days shall appoint a caretaker; after 30 days he shall divorce her and pay ketubah”! We heard that he shall divorce; did we hear that one forces him?

Rebbi Jacob bar Aḥa said: There, they state that the one who disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies even from a married woman. Rebbi Tanḥum bar Pappus sent and asked Rebbi Yose about two cases from Alexandria, one involving an unmarried woman, the other a married woman. About the married woman, he wrote him: “A bastard shall not come into the Eternal’s congregation.” About the unmarried woman he wrote, be inventive, for your are not forewarned about the holy daughters of Israel. He said to Rebbi Mana, take and sign; he signed. He said to Rebbi Berekhiah, take and sign, but he did not agree. After they ended the session Rebbi Mana was standing with Rebbi Berekhiah and asked him, why did you not sign? He answered, did not Rebbi Jacob bar Aḥa say that there, they state that the one who disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies even from a married woman? He said, praised be the Merciful that I had not heard this doctrine, for if I had heard this doctrine I would not have signed and people would have said that the student disagrees with his teacher. Mar Uqban said, here, you say that the one who disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies from an unmarried woman, but about a married woman, nothing was said. The next morning he came and wanted to sign. He said to him, there is no space.

Rebbi Jacob bar Aḥa said: There, they state that the one who disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies even from a married woman. Rebbi Tanḥum bar Pappus sent and asked Rebbi Yose about two cases from Alexandria, one involving an unmarried woman, the other a married woman. About the married woman, he wrote him: “A bastard shall not come into the Eternal’s congregation.” About the unmarried woman he wrote, be inventive, for your are not forewarned about the holy daughters of Israel. He said to Rebbi Mana, take and sign; he signed. He said to Rebbi Berekhiah, take and sign, but he did not agree. After they ended the session Rebbi Mana was standing with Rebbi Berekhiah and asked him, why did you not sign? He answered, did not Rebbi Jacob bar Aḥa say that there, they state that the one who disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies even from a married woman? He said, praised be the Merciful that I had not heard this doctrine, for if I had heard this doctrine I would not have signed and people would have said that the student disagrees with his teacher. Mar Uqban said, here, you say that the one who disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies from an unmarried woman, but about a married woman, nothing was said. The next morning he came and wanted to sign. He said to him, there is no space.

Rebbi Jacob bar Aḥa said: There, they state that the one who disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies even from a married woman. Rebbi Tanḥum bar Pappus sent and asked Rebbi Yose about two cases from Alexandria, one involving an unmarried woman, the other a married woman. About the married woman, he wrote him: “A bastard shall not come into the Eternal’s congregation.” About the unmarried woman he wrote, be inventive, for your are not forewarned about the holy daughters of Israel. He said to Rebbi Mana, take and sign; he signed. He said to Rebbi Berekhiah, take and sign, but he did not agree. After they ended the session Rebbi Mana was standing with Rebbi Berekhiah and asked him, why did you not sign? He answered, did not Rebbi Jacob bar Aḥa say that there, they state that the one who disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies even from a married woman? He said, praised be the Merciful that I had not heard this doctrine, for if I had heard this doctrine I would not have signed and people would have said that the student disagrees with his teacher. Mar Uqban said, here, you say that the one who disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies from an unmarried woman, but about a married woman, nothing was said. The next morning he came and wanted to sign. He said to him, there is no space.

Rebbi Jacob bar Aḥa said: There, they state that the one who disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies even from a married woman. Rebbi Tanḥum bar Pappus sent and asked Rebbi Yose about two cases from Alexandria, one involving an unmarried woman, the other a married woman. About the married woman, he wrote him: “A bastard shall not come into the Eternal’s congregation.” About the unmarried woman he wrote, be inventive, for your are not forewarned about the holy daughters of Israel. He said to Rebbi Mana, take and sign; he signed. He said to Rebbi Berekhiah, take and sign, but he did not agree. After they ended the session Rebbi Mana was standing with Rebbi Berekhiah and asked him, why did you not sign? He answered, did not Rebbi Jacob bar Aḥa say that there, they state that the one who disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies even from a married woman? He said, praised be the Merciful that I had not heard this doctrine, for if I had heard this doctrine I would not have signed and people would have said that the student disagrees with his teacher. Mar Uqban said, here, you say that the one who disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies from an unmarried woman, but about a married woman, nothing was said. The next morning he came and wanted to sign. He said to him, there is no space.

Rebbi Jacob bar Aḥa said: There, they state that the one who disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies even from a married woman. Rebbi Tanḥum bar Pappus sent and asked Rebbi Yose about two cases from Alexandria, one involving an unmarried woman, the other a married woman. About the married woman, he wrote him: “A bastard shall not come into the Eternal’s congregation.” About the unmarried woman he wrote, be inventive, for your are not forewarned about the holy daughters of Israel. He said to Rebbi Mana, take and sign; he signed. He said to Rebbi Berekhiah, take and sign, but he did not agree. After they ended the session Rebbi Mana was standing with Rebbi Berekhiah and asked him, why did you not sign? He answered, did not Rebbi Jacob bar Aḥa say that there, they state that the one who disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies even from a married woman? He said, praised be the Merciful that I had not heard this doctrine, for if I had heard this doctrine I would not have signed and people would have said that the student disagrees with his teacher. Mar Uqban said, here, you say that the one who disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies from an unmarried woman, but about a married woman, nothing was said. The next morning he came and wanted to sign. He said to him, there is no space.

Rebbi Jacob bar Aḥa said: There, they state that the one who disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies even from a married woman. Rebbi Tanḥum bar Pappus sent and asked Rebbi Yose about two cases from Alexandria, one involving an unmarried woman, the other a married woman. About the married woman, he wrote him: “A bastard shall not come into the Eternal’s congregation.” About the unmarried woman he wrote, be inventive, for your are not forewarned about the holy daughters of Israel. He said to Rebbi Mana, take and sign; he signed. He said to Rebbi Berekhiah, take and sign, but he did not agree. After they ended the session Rebbi Mana was standing with Rebbi Berekhiah and asked him, why did you not sign? He answered, did not Rebbi Jacob bar Aḥa say that there, they state that the one who disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies even from a married woman? He said, praised be the Merciful that I had not heard this doctrine, for if I had heard this doctrine I would not have signed and people would have said that the student disagrees with his teacher. Mar Uqban said, here, you say that the one who disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies from an unmarried woman, but about a married woman, nothing was said. The next morning he came and wanted to sign. He said to him, there is no space.

MISHNAH: Each of them disqualifies the other’s judge, the words of Rebbi Meïr. But the Sages say, when is this? If he brings proof that they are relatives or disqualified. But if they are unexceptionable or qualified by the court he cannot disqualify them.

HALAKHAH: “Each of them disqualifies the other’s judge,” etc. So is the Mishnah: Each of them disqualifies the other’s judge, but not his own. Rebbi Simeon ben Laqish said, they spoke about Syrian courts, but not about following Torah law. Rebbi Joḥanan said, even following Torah law. How was this said? Two people had a case in Antioch. One said to the other, I am accepting everything which Rebbi Joḥanan will decide. Rebbi Joḥanan heard it and said, he is not empowered to tear apart his opponent, but they shall hear their arguments there and if need be they should write and send the case before the rabbis. Rebbi Eleazar said, if one says in Tiberias, but the other said in Sepphoris, one listens to the one who says in Tiberias.

HALAKHAH: “Each of them disqualifies the other’s judge,” etc. So is the Mishnah: Each of them disqualifies the other’s judge, but not his own. Rebbi Simeon ben Laqish said, they spoke about Syrian courts, but not about following Torah law. Rebbi Joḥanan said, even following Torah law. How was this said? Two people had a case in Antioch. One said to the other, I am accepting everything which Rebbi Joḥanan will decide. Rebbi Joḥanan heard it and said, he is not empowered to tear apart his opponent, but they shall hear their arguments there and if need be they should write and send the case before the rabbis. Rebbi Eleazar said, if one says in Tiberias, but the other said in Sepphoris, one listens to the one who says in Tiberias.

MISHNAH: Each of them disqualifies the other’s witnesses, the words of Rebbi Meïr. But the Sages say, when is this? If he brings proof that they are relatives or disqualified. But if they are unexceptionable or qualified by the court he cannot disqualify them.

HALAKHAH: “Each of them disqualifies the other’s witnesses,” etc. Rebbi Simeon ben Laqish said, so is the Mishnah: “His witness,” but not his witnesses. But Rebbi Joḥanan said, even his witnesses, as it was stated: “One always adds judges until judgment is rendered, and the judges may change their opinions. After judgment is rendered they may no longer change their opinions.” Rebbi Joḥanan agrees, that if these were the only ones, he cannot disqualify them. Zeˋira said, he and a person from the street can team up to disqualify this testimony. Rebbi Ḥanina asked, does not one witness force an oath everywhere? Rebbi Zeˋira said, by disqualification one can only be disqualified by a court. A relative does not have to be disqualified by the court. Rava bar Binah said in the name of Rav: Three are like final judgment.

But the teacher has said : He who says a benediction must taste ! He does taste [but leaves the greater part]. But the teacher has said : If he tasted it, he disqualifies it [for another benediction] ! He tastes it with his hand.

Come and hear: if he covered the sukkah with planks of cedarwood which are four [handbreadths wide], according to all it is invalid; If they are not four handbreadths: R. Meir disqualifies and R. Judah validates.

For common food and tithe how can washing of hands be needed? For I can adduce against this Mishnah the following, viz., The heave offering and the firstfruits involve to one who transgresses with respect to them death and compensation to the amount of one fifth part beyond the price, and it is forbidden to strangers to share in them, and these are the property of the priest and are mixed with one hundred and one things, and they are subject to the washing of hands and waiting till the going down of the sun (Bikkurim, ii. 1, and elsewhere). Lo, this is the case with heave-offering and firstfruits, but it is not the case with tithe, much less with common food. There is a difficulty when we place tithe against tithe, and there is a difficulty when we place common food against common food. It is all right in the case of tithe against tithe. It does not present a difficulty. The one opinion is that of R. Meir, and the other that of our Rabbis. For there is a canonical Mishnah, Everything which is subject to the duty of going to the water, as far as the scribes have taught, defiles hallowed things, but only disqualifies heave-offering and leaves common food and tithe unaffected. These are the words of R. Meir, but wise men consider tithe affected (Chullin 33b, i. 1, Sota 30a, ii. 4).

The vessel includes what is within it for hallowed things, but not for heave-offering. Whence have you this utterance? R. Chanin said, Because the Scripture saith, "One golden spoon of ten shekels, full of incense" (Numb. vii. 14 etc.). Holy Writ makes every thing which is in the spoon one. R. Kahăna replies that R. Akiba added to the teaching, which immediately follows, the flour and the incense and the frankincense and the coals; for if the person in course of purification touch the extremity of it, he disqualifies the whole. And lo, this is the teaching of our Rabbis. Whence do we learn this. From the first teaching; for R. Simeon ben Betheyra bore testimony with reference to the ashes of the purification for sin, that, if an unclean person touch the extremity of them, he makes all of them unclean; and there is a teaching to the effect that R. Akiba added this. R. Lakish said in the name of Bar Kaphra,

And to shew that there are things which can disqualify without rendering unclean, here is a teaching. For there is a canonical Mishnah, All that disqualifies for a heave-offering, renders the hands unclean, so as to be of secondary impurity. And a hand renders its fellow unclean. These are the words of R. Joshua. And other wise men say, The hands themselves are only of secondary uncleanness, and that which is secondary does not produce a second in the case of ordinary things (Yadaim, iii. 2). Do you think that it cannot make a second? Nay, you say, it makes a third. Or perhaps it makes neither a second nor a third. But moreover we have a Baraitha to quote on our side. For there is a Baraitha, A wiped hand renders its fellow unclean, so far as to render unclean for hallowed things, but not for heave-offering. These are the words of Rabbi. R. Jose in the name of R. Jehudah says, With that same hand he may disqualify, but not render unclean.