documents

And Timon was afflicted by much fever. And having laid our hands upon him, we straightway removed his fever, having called upon the name of the Lord Jesus. And Barnabas had received documents from Matthew, a book of the word of God, and a narrative of miracles and doctrines. This Barnabas laid upon the sick in each place that we came to, and it immediately made a cure of their sufferings.

And Barjesus, having arrived after two days, after not a few Jews had been instructed, was enraged, and brought together all the multitude of the Jews; and they having laid hold of Barnabas, wished to hand him over to Hypatius, the governor of Salamis. And having bound him to take him away to the governor, and a pious Jebusite, a kinsman of Nero, having come to Cyprus, the Jews, learning this, took Barnabas by night, and bound him with a rope by the neck; and having dragged him to the hippodrome from the synagogue, and having gone out of the city, standing round him, they burned him with fire, so that even his bones became dust. And straightway that night, having taken his dust, they cast it into a cloth; and having secured it with lead, they intended to throw it into the sea. But I, finding an opportunity in the night, and being able along with Timon and Rhodon to carry it. we came to a certain place, and having found a cave, put it down there, where the nation of the Jebusites formerly dwelt. And having found a secret place in it, we put it away, with the documents which he had received from Matthew. And it was the fourth hour of the night of the second of the week.

It was my devotion to the pursuit of religious knowledge that led me to undertake the embassy to the man I have mentioned, who was held in the highest esteem by his own citizens and by others, both for his virtue and his majesty, and who had in his possession documents of the highest value to the Jews in his own country and in foreign lands for the interpretation of the divine law, for their laws are written on leather parchments in Jewish characters.

And while we thus briefly demonstrate the deity of Christ, and [in so doing] make use of the prophetic declarations regarding Him, we demonstrate at the same time that the writings which prophesied of Him were divinely inspired; and that those documents which announced His coming and His doctrine were given forth with all power and authority, and that on this account they obtained the election from the Gentiles., We must say, also, that the divinity of the prophetic declarations, and the spiritual nature of the law of Moses, shone forth after the advent of Christ. For before the advent of Christ it was not altogether possible to exhibit manifest proofs of the divine inspiration of the ancient Scriptures; whereas His coming led those who might suspect the law and the prophets not to be divine, to the clear conviction that they were composed by [the aid of] heavenly grace. And he who reads the words of the prophets with care and attention, feeling by the very perusal the traces of the divinity that is in them, will be led by his own emotions to believe that those words which have been deemed to be the words of God are not the compositions of men. The light, moreover, which was contained in the law of Moses, but which had been concealed by a veil, shone forth at the advent of Jesus, the veil being taken away, and those blessings, the shadow of which was contained in the letter, coming forth gradually to the knowledge [of men].

Having spoken thus briefly on the subject of the divine inspiration of the holy Scriptures, it is necessary to proceed to the [consideration of the] manner in which they are to be read and understood, seeing numerous errors have been committed in consequence of the method in which the holy documents ought to be examined, not having been discovered by the multitude. For both the hardened in heart, and the ignorant persons belonging to the circumcision, have not believed on our Saviour, thinking that they are following the language of the prophecies respecting Him, and not perceiving in a manner palpable to their senses that He had proclaimed liberty to the captives, nor that He had built up what they truly consider the city of God, nor cut off “the chariots of Ephraim, and the horse from Jerusalem,” nor eaten butter and honey, and, before knowing or preferring the evil, had selected the good. And thinking, moreover, that it was prophesied that the wolf—the four-footed animal—was to feed with the lamb, and the leopard to lie down with the kid, and the calf and bull and lion to feed together, being led by a little child, and that the ox and bear were to pasture together, their young ones growing up together, and that the lion was to eat straw like the ox: seeing none of these things visibly accomplished during the advent of Him who is believed by us to be Christ, they did not accept our Lord Jesus; but, as having called Himself Christ improperly, they crucified Him. And those belonging to heretical sects reading this [statement], “A fire has been kindled in mine anger;” and this, “I am a jealous God, visiting the iniquities of the fathers upon the children unto the third and fourth generation;” and this, “I repent of having anointed Saul to be king;” and this, “I am a God that maketh peace, and createth evil;” and, among others, this, “There is not wickedness in the city which the Lord hath not done;” and again this, “Evils came down from the Lord upon the gates of Jerusalem;” and, “An evil spirit from the Lord plagued Saul;” and countless other passages like these—they have not ventured to disbelieve these as the Scriptures of God; but believing them to be the [words] of the Demiurge, whom the Jews worship, they thought that as the Demiurge was an imperfect and unbenevolent God, the Saviour had come to announce a more perfect Deity, who, they say, is not the Demiurge, being of different opinions regarding Him; and having once departed from the Demiurge, who is the only uncreated God, they have given themselves up to fictions, inventing to themselves hypotheses, according to which they imagine that there are some things which are visible, and certain other things which are not visible, all which are the fancies of their own minds. And yet, indeed, the more simple among those who profess to belong to the church have supposed that there is no deity greater than the Demiurge, being right in so thinking, while they imagine regarding Him such things as would not be believed of the most savage and unjust of mankind.

One who slaughters a cow and divides it up on Rosh Hashanah [at the end of the seventh year]: If the month had been intercalated, [the debt] is remitted. But if it had not been intercalated, it is not remitted. [Fines for] rape, for seduction, for defamation, and all other obligations arising from legal procedure, are not remitted. One who loans and takes a pledge, and one who hands over his debt documents to a court, [these debts] are not remitted.

A pre-dated prozbul is valid, but a post-dated one, is invalid. Pre-dated loan documents [of loans] are invalid, but post-dated one valid. If one borrows from five persons, then he writes a separate prozbul for each [creditor]. But if five borrow from the same person, then he writes only one prozbul for them all.

They may write the following documents during the festival: Betrothal of women [documents], divorce documents and receipts, wills of a dying person, bequests and prosbols; evaluation certificates and orders for support, documents of halitzah and of repudiation [of marriage] and arbitration records; decrees of the court and correspondence.

They may write the following documents during the festival: Betrothal of women [documents], divorce documents and receipts, wills of a dying person, bequests and prosbols; evaluation certificates and orders for support, documents of halitzah and of repudiation [of marriage] and arbitration records; decrees of the court and correspondence.

They may write the following documents during the festival: Betrothal of women [documents], divorce documents and receipts, wills of a dying person, bequests and prosbols; evaluation certificates and orders for support, documents of halitzah and of repudiation [of marriage] and arbitration records; decrees of the court and correspondence.

They may write the following documents during the festival: Betrothal of women [documents], divorce documents and receipts, wills of a dying person, bequests and prosbols; evaluation certificates and orders for support, documents of halitzah and of repudiation [of marriage] and arbitration records; decrees of the court and correspondence.

They may not write loan documents during the festival; but if he [the creditor] does not trust him or he does not have food to eat, he may write. They may not write [Torah] scrolls, tefillin and mezuzot during the festival, nor may they correct [even] a single letter, even in the [ancient] Temple-scroll. Rabbi Judah says: a man may write tefillin and mezuzot for himself. And one may spin on his thigh the blue-wool for his fringe.

If two men produced debt documents against one another, Admon says; [the holder of the later document can say to the other,] “Had I owed you [any money] how is it that you borrowed from me?” But the Sages say: This one collects his debt and this one collects his debt.

Any document which has upon it the signature of a Samaritan is invalid, except for bills of divorce or a writ of emancipation. It happened that a bill of divorce was once brought before Rabban Gamaliel at Kefar Otnai and its witnesses were Samaritan, and he declared it valid. All documents which are accepted in the courts of non-Jew, even if those who signed on the documents are non-Jews, are valid except bills of divorce and of writs of emancipation. Rabbi Shimon says: these also are valid; they were only pronounced [to be invalid] when done by ordinary persons.

Any document which has upon it the signature of a Samaritan is invalid, except for bills of divorce or a writ of emancipation. It happened that a bill of divorce was once brought before Rabban Gamaliel at Kefar Otnai and its witnesses were Samaritan, and he declared it valid. All documents which are accepted in the courts of non-Jew, even if those who signed on the documents are non-Jews, are valid except bills of divorce and of writs of emancipation. Rabbi Shimon says: these also are valid; they were only pronounced [to be invalid] when done by ordinary persons.

If a man says: “Give this get to my wife or this writ of emancipation to my slave”, if he wants he may change his mind on either document, the words of Rabbi Meir. The Sages say: he may change his mind in the case of the get but not in the case of the writ of emancipation, since a benefit may be conferred on a person not in his presence but a disability may be imposed on him only in his presence; for if he does not want to maintain his slave he is permitted, but if he does not want to maintain his wife he is not permitted. Rabbi Meir said to them: behold, he disqualifies his slave from eating terumah [by emancipating him] in the same way that he disqualifies his wife [by divorcing her]? They said to him: [the slave is disqualified] because he is the priest’s property. If a man says, “Give this get to my wife or this writ of emancipation to my slave”, and dies [before they are given], they do not give [the documents] after his death. [If he said], “Give a maneh to so-and-so” and died, the money should be given after his death.

If [a get was] written by day and signed on the [same] day, written by night and signed on the [same] night, written by night and signed on the day [following], it is valid. If it was written by day and signed on the night [following], it is invalid. Rabbi Shimon validates it, for Rabbi Shimon used to say that all documents written by day and signed on the [following] night are invalid except bills of divorce.

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

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

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

If a man found debt documents he should not return them [to the creditor] if they recorded a lien on the [debtor’s] property, since the court would exact repayment from the property. But if they did not record a lien on the [debtor’s] property he may return them, since the court would not exact payment from the property, according to Rabbi Meir. But the Sages say: “In either case he should not return them, since [in either case] the court would exact payment from the property.”

If a man found letters of evaluation, or letters of sustenance, or documents of halitzah or refusal, or documents of arbitration or any document drawn out by the court he should return them. If he found documents in a satchel or bag, or a bundle of documents he should return them. How many count as a bundle of documents? Three tied up together. Rabban Shimon ben Gamaliel says: [If one found three documents in which] one borrowed from three others, they should be returned to the borrower. But if [one found three documents in which] one loaned to three, they should be returned to the lender. If a man found a document among his documents and he does not know what is its nature, it must be left until Elijah comes. If there were postscripts amongst them, he should do what is stated in the postscript.

If a man found letters of evaluation, or letters of sustenance, or documents of halitzah or refusal, or documents of arbitration or any document drawn out by the court he should return them. If he found documents in a satchel or bag, or a bundle of documents he should return them. How many count as a bundle of documents? Three tied up together. Rabban Shimon ben Gamaliel says: [If one found three documents in which] one borrowed from three others, they should be returned to the borrower. But if [one found three documents in which] one loaned to three, they should be returned to the lender. If a man found a document among his documents and he does not know what is its nature, it must be left until Elijah comes. If there were postscripts amongst them, he should do what is stated in the postscript.

If a man found letters of evaluation, or letters of sustenance, or documents of halitzah or refusal, or documents of arbitration or any document drawn out by the court he should return them. If he found documents in a satchel or bag, or a bundle of documents he should return them. How many count as a bundle of documents? Three tied up together. Rabban Shimon ben Gamaliel says: [If one found three documents in which] one borrowed from three others, they should be returned to the borrower. But if [one found three documents in which] one loaned to three, they should be returned to the lender. If a man found a document among his documents and he does not know what is its nature, it must be left until Elijah comes. If there were postscripts amongst them, he should do what is stated in the postscript.

If a man found letters of evaluation, or letters of sustenance, or documents of halitzah or refusal, or documents of arbitration or any document drawn out by the court he should return them. If he found documents in a satchel or bag, or a bundle of documents he should return them. How many count as a bundle of documents? Three tied up together. Rabban Shimon ben Gamaliel says: [If one found three documents in which] one borrowed from three others, they should be returned to the borrower. But if [one found three documents in which] one loaned to three, they should be returned to the lender. If a man found a document among his documents and he does not know what is its nature, it must be left until Elijah comes. If there were postscripts amongst them, he should do what is stated in the postscript.

If a man found letters of evaluation, or letters of sustenance, or documents of halitzah or refusal, or documents of arbitration or any document drawn out by the court he should return them. If he found documents in a satchel or bag, or a bundle of documents he should return them. How many count as a bundle of documents? Three tied up together. Rabban Shimon ben Gamaliel says: [If one found three documents in which] one borrowed from three others, they should be returned to the borrower. But if [one found three documents in which] one loaned to three, they should be returned to the lender. If a man found a document among his documents and he does not know what is its nature, it must be left until Elijah comes. If there were postscripts amongst them, he should do what is stated in the postscript.

If a man found letters of evaluation, or letters of sustenance, or documents of halitzah or refusal, or documents of arbitration or any document drawn out by the court he should return them. If he found documents in a satchel or bag, or a bundle of documents he should return them. How many count as a bundle of documents? Three tied up together. Rabban Shimon ben Gamaliel says: [If one found three documents in which] one borrowed from three others, they should be returned to the borrower. But if [one found three documents in which] one loaned to three, they should be returned to the lender. If a man found a document among his documents and he does not know what is its nature, it must be left until Elijah comes. If there were postscripts amongst them, he should do what is stated in the postscript.

If a man found letters of evaluation, or letters of sustenance, or documents of halitzah or refusal, or documents of arbitration or any document drawn out by the court he should return them. If he found documents in a satchel or bag, or a bundle of documents he should return them. How many count as a bundle of documents? Three tied up together. Rabban Shimon ben Gamaliel says: [If one found three documents in which] one borrowed from three others, they should be returned to the borrower. But if [one found three documents in which] one loaned to three, they should be returned to the lender. If a man found a document among his documents and he does not know what is its nature, it must be left until Elijah comes. If there were postscripts amongst them, he should do what is stated in the postscript.

If a man found letters of evaluation, or letters of sustenance, or documents of halitzah or refusal, or documents of arbitration or any document drawn out by the court he should return them. If he found documents in a satchel or bag, or a bundle of documents he should return them. How many count as a bundle of documents? Three tied up together. Rabban Shimon ben Gamaliel says: [If one found three documents in which] one borrowed from three others, they should be returned to the borrower. But if [one found three documents in which] one loaned to three, they should be returned to the lender. If a man found a document among his documents and he does not know what is its nature, it must be left until Elijah comes. If there were postscripts amongst them, he should do what is stated in the postscript.

These are the things to which the laws of fraud through overcharging do not apply: The sale of slaves, debt documents, land and what belongs to the Temple. They are not subject to twofold restitution, nor fourfold or fivefold restitution. An unpaid guardian does not take an oath [on their account, that he did not damage them] nor does a paid guardian make compensation [if they are lost on his watch]. Rabbi Shimon says: “Holy Things for which he is responsible, are subject to the laws of fraud through overcharging, and Holy Things for which he is not responsible are not subject to the laws of fraud through overcharging.” Rabbi Judah says: “Also one who sells a Torah scroll, and an animal or a pearl they are not subject to the laws of fraud through overcharging.” They (the Sages) said to him: “They only said these.”

They may not write documents of betrothal or marriage except with the consent of both parties. And the bridegroom pays the (scribe’s) fee. They may not write documents of tenancy and sharecropping except with the consent of both parties. And the tenant pays the (scribe’s) fee. They may not write documents of arbitration or any document drawn up before a court except with the consent of both parties. And both parties pay the (scribe’s) fee. Rabban Shimon ben Gamaliel says: “Two documents are written for the two parties, one copy for each.”

They may not write documents of betrothal or marriage except with the consent of both parties. And the bridegroom pays the (scribe’s) fee. They may not write documents of tenancy and sharecropping except with the consent of both parties. And the tenant pays the (scribe’s) fee. They may not write documents of arbitration or any document drawn up before a court except with the consent of both parties. And both parties pay the (scribe’s) fee. Rabban Shimon ben Gamaliel says: “Two documents are written for the two parties, one copy for each.”

They may not write documents of betrothal or marriage except with the consent of both parties. And the bridegroom pays the (scribe’s) fee. They may not write documents of tenancy and sharecropping except with the consent of both parties. And the tenant pays the (scribe’s) fee. They may not write documents of arbitration or any document drawn up before a court except with the consent of both parties. And both parties pay the (scribe’s) fee. Rabban Shimon ben Gamaliel says: “Two documents are written for the two parties, one copy for each.”

They may not write documents of betrothal or marriage except with the consent of both parties. And the bridegroom pays the (scribe’s) fee. They may not write documents of tenancy and sharecropping except with the consent of both parties. And the tenant pays the (scribe’s) fee. They may not write documents of arbitration or any document drawn up before a court except with the consent of both parties. And both parties pay the (scribe’s) fee. Rabban Shimon ben Gamaliel says: “Two documents are written for the two parties, one copy for each.”

If there were two brothers, one poor and one rich, and their father left them a bath house or an olive press, if the father had made them for hire, the profit is split equally. But if he made them for his own use alone, the rich brother may say to the poor brother, “Buy for yourself slaves and they can wash in the bath house” or “Buy for yourself olives and prepare them in the olive press.” If there were two in the same town, and one’s name was Joseph the son of Shimon and other’s name was Joseph the son of Shimon, neither can bring forth a debt document on the other, and another person cannot bring forth a debt document against them. And if some person finds amongst his documents a document that states, “The [debt] document of Joseph ben Shimon is paid”, both of their [debt] documents are paid. What should they do? They should write their names to the third generation. And if the names are the same through the third generation, they should give themselves a sign. And if their signs are the same, they should write “Cohen”. If a man said to his son, “One of my debt documents is paid and I do not know which one”, then all are deemed to be paid. If two documents were found [amongst his documents] written to the same debtor, then the large one is paid and the small one is not paid. If a man lent money to his fellow on a guarantor’s security, he may not exact payment from the guarantor. But if he had said, “On the condition that I may exact payment from whom I wish”, then he may exact payment from the guarantor. Rabban Shimon ben Gamaliel says: “If the borrower had property, in neither case can he exact payment from the guarantor.” Moreover, Rabban Shimon ben Gamaliel used to say: “If a man was a guarantor for a woman’s ketubah and her husband divorced her, the husband must vow to derive no further benefit from her, lest he make a conspiracy against the property of the guarantor and take his wife back again.”

If there were two brothers, one poor and one rich, and their father left them a bath house or an olive press, if the father had made them for hire, the profit is split equally. But if he made them for his own use alone, the rich brother may say to the poor brother, “Buy for yourself slaves and they can wash in the bath house” or “Buy for yourself olives and prepare them in the olive press.” If there were two in the same town, and one’s name was Joseph the son of Shimon and other’s name was Joseph the son of Shimon, neither can bring forth a debt document on the other, and another person cannot bring forth a debt document against them. And if some person finds amongst his documents a document that states, “The [debt] document of Joseph ben Shimon is paid”, both of their [debt] documents are paid. What should they do? They should write their names to the third generation. And if the names are the same through the third generation, they should give themselves a sign. And if their signs are the same, they should write “Cohen”. If a man said to his son, “One of my debt documents is paid and I do not know which one”, then all are deemed to be paid. If two documents were found [amongst his documents] written to the same debtor, then the large one is paid and the small one is not paid. If a man lent money to his fellow on a guarantor’s security, he may not exact payment from the guarantor. But if he had said, “On the condition that I may exact payment from whom I wish”, then he may exact payment from the guarantor. Rabban Shimon ben Gamaliel says: “If the borrower had property, in neither case can he exact payment from the guarantor.” Moreover, Rabban Shimon ben Gamaliel used to say: “If a man was a guarantor for a woman’s ketubah and her husband divorced her, the husband must vow to derive no further benefit from her, lest he make a conspiracy against the property of the guarantor and take his wife back again.”

If there were two brothers, one poor and one rich, and their father left them a bath house or an olive press, if the father had made them for hire, the profit is split equally. But if he made them for his own use alone, the rich brother may say to the poor brother, “Buy for yourself slaves and they can wash in the bath house” or “Buy for yourself olives and prepare them in the olive press.” If there were two in the same town, and one’s name was Joseph the son of Shimon and other’s name was Joseph the son of Shimon, neither can bring forth a debt document on the other, and another person cannot bring forth a debt document against them. And if some person finds amongst his documents a document that states, “The [debt] document of Joseph ben Shimon is paid”, both of their [debt] documents are paid. What should they do? They should write their names to the third generation. And if the names are the same through the third generation, they should give themselves a sign. And if their signs are the same, they should write “Cohen”. If a man said to his son, “One of my debt documents is paid and I do not know which one”, then all are deemed to be paid. If two documents were found [amongst his documents] written to the same debtor, then the large one is paid and the small one is not paid. If a man lent money to his fellow on a guarantor’s security, he may not exact payment from the guarantor. But if he had said, “On the condition that I may exact payment from whom I wish”, then he may exact payment from the guarantor. Rabban Shimon ben Gamaliel says: “If the borrower had property, in neither case can he exact payment from the guarantor.” Moreover, Rabban Shimon ben Gamaliel used to say: “If a man was a guarantor for a woman’s ketubah and her husband divorced her, the husband must vow to derive no further benefit from her, lest he make a conspiracy against the property of the guarantor and take his wife back again.”

If there were two brothers, one poor and one rich, and their father left them a bath house or an olive press, if the father had made them for hire, the profit is split equally. But if he made them for his own use alone, the rich brother may say to the poor brother, “Buy for yourself slaves and they can wash in the bath house” or “Buy for yourself olives and prepare them in the olive press.” If there were two in the same town, and one’s name was Joseph the son of Shimon and other’s name was Joseph the son of Shimon, neither can bring forth a debt document on the other, and another person cannot bring forth a debt document against them. And if some person finds amongst his documents a document that states, “The [debt] document of Joseph ben Shimon is paid”, both of their [debt] documents are paid. What should they do? They should write their names to the third generation. And if the names are the same through the third generation, they should give themselves a sign. And if their signs are the same, they should write “Cohen”. If a man said to his son, “One of my debt documents is paid and I do not know which one”, then all are deemed to be paid. If two documents were found [amongst his documents] written to the same debtor, then the large one is paid and the small one is not paid. If a man lent money to his fellow on a guarantor’s security, he may not exact payment from the guarantor. But if he had said, “On the condition that I may exact payment from whom I wish”, then he may exact payment from the guarantor. Rabban Shimon ben Gamaliel says: “If the borrower had property, in neither case can he exact payment from the guarantor.” Moreover, Rabban Shimon ben Gamaliel used to say: “If a man was a guarantor for a woman’s ketubah and her husband divorced her, the husband must vow to derive no further benefit from her, lest he make a conspiracy against the property of the guarantor and take his wife back again.”

If there were two brothers, one poor and one rich, and their father left them a bath house or an olive press, if the father had made them for hire, the profit is split equally. But if he made them for his own use alone, the rich brother may say to the poor brother, “Buy for yourself slaves and they can wash in the bath house” or “Buy for yourself olives and prepare them in the olive press.” If there were two in the same town, and one’s name was Joseph the son of Shimon and other’s name was Joseph the son of Shimon, neither can bring forth a debt document on the other, and another person cannot bring forth a debt document against them. And if some person finds amongst his documents a document that states, “The [debt] document of Joseph ben Shimon is paid”, both of their [debt] documents are paid. What should they do? They should write their names to the third generation. And if the names are the same through the third generation, they should give themselves a sign. And if their signs are the same, they should write “Cohen”. If a man said to his son, “One of my debt documents is paid and I do not know which one”, then all are deemed to be paid. If two documents were found [amongst his documents] written to the same debtor, then the large one is paid and the small one is not paid. If a man lent money to his fellow on a guarantor’s security, he may not exact payment from the guarantor. But if he had said, “On the condition that I may exact payment from whom I wish”, then he may exact payment from the guarantor. Rabban Shimon ben Gamaliel says: “If the borrower had property, in neither case can he exact payment from the guarantor.” Moreover, Rabban Shimon ben Gamaliel used to say: “If a man was a guarantor for a woman’s ketubah and her husband divorced her, the husband must vow to derive no further benefit from her, lest he make a conspiracy against the property of the guarantor and take his wife back again.”

So too they have said that she who impairs her kethubah [by admitting that it had already been partially paid] cannot receive [the remainder of the] payment except on oath; And that if one witness testifies against her that it [the kethubah] has been paid [in full], she cannot receive payment except on oath; And that from assigned property or orphans’ property she cannot exact payment [for her kethubah] except on oath; And that if she claims [her kethubah] not in his presence, she cannot receive payment except on oath. So, too, orphans cannot receive payment except on oath [namely]: “We swear that our father did not enjoin in his will, neither did our father say unto us, nor did we find [written] among the documents of our father that this document is paid.” Rabbi Yochanan ben Beroka says: “Even if the son was born after his father’s death he may take an oath, and collect his claim.” Rabban Shimon ben Gamaliel said: “If there are witnesses that the father said at the time of his death that this document was not paid, he receives [his claim] without an oath.”

With regard to those who made a vow of value: they take a pledge from them. With regard to those obligated to bring a hatat or asham: they do not take a pledge. With regard to those obligated to bring an olah or a shelamim: they do take a pledge. And even though he is not atoned for unless he is willing [to pay his obligation], as it is said: “willingly” (Leviticus 1:3), they coerce him until he says: I agree. The same is true in the case of divorce documents: they coerce him until he says: I agree.

Rebbi Yasa said in the name of Rebbi Joḥanan: That refers to divorce documents, but it does not apply to a gift. Rebbi Joḥanan adds something, Rebbi Simeon ben Laqish adds something. Rebbi Joḥanan adds something. Since a find which cannot be acquired by the knowledge of another person can be acquired within four cubits, should this rule not apply a fortiori to a gift that is acquired by the knowledge of another person? Rebbi Simeon ben Laqish adds something. Since a gift which cannot be acquired within four cubits can be acquired by the knowledge of another person, should this not a fortiori apply to a find?

Rebbi Zeïra objected before Rebbi Yasa: But did we not state: The same applies to marriage? He answered him, divorce documents and marriage contracts have the same rules. But did we not state: The same applies to debt? He said to him, because if he said to him: Throw it into the sea and your debt will be forgiven, it would be forgiven. But if that is true, even if it fell down close to the debtor, the debtor should have the benefit! But we have stated, if it falls down close to the debtor, the debtor is still obligated. For he said to him, throw it so that it will enter my domain, and it did not yet enter his domain. Rebbi Abbahu said, all those objections that Rebbi Zeïra raised before Rebbi Yasa, Rebbi Simeon ben Laqish raised before Rebbi Joḥanan. Did he accept them from him? He solved them with those same solutions.

MISHNAH: The Sabbatical remits any loan, with or without a document. Store credit is not remitted; if it is transformed into a loan it is remitted. Rebbi Jehudah says, any preceding one is remitted. Wages of a hired hand are not remitted; if they are transformed into a loan they are remitted; Rebbi Yose says, for any work that stops in the Sabbatical they are remitted; if it does not stop they are not remitted. If somebody slaughters a cow and divides it up on New Year’s Day, if the month was long it is subject to remission, otherwise it is not subject to remission. The rapist, the seducer, the calumniator, and all court documents are not subject to remission. If somebody gives loans on pledge, or deposits his documents with the court, they are not subject to remission.

MISHNAH: The Sabbatical remits any loan, with or without a document. Store credit is not remitted; if it is transformed into a loan it is remitted. Rebbi Jehudah says, any preceding one is remitted. Wages of a hired hand are not remitted; if they are transformed into a loan they are remitted; Rebbi Yose says, for any work that stops in the Sabbatical they are remitted; if it does not stop they are not remitted. If somebody slaughters a cow and divides it up on New Year’s Day, if the month was long it is subject to remission, otherwise it is not subject to remission. The rapist, the seducer, the calumniator, and all court documents are not subject to remission. If somebody gives loans on pledge, or deposits his documents with the court, they are not subject to remission.

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

Rebbi Abba in the name of the rabbis there: If three sat in judgment and one of them died, two sign and note: Even though we are two who sign, we were three in judging. Rebbi Ḥaggai said, our Mishnah implies this: “The judges sign at the bottom or the witnesses.” Does one learn court documents from prozbol? It was found stated: This about court documents was learned from the rules of prozbol.

Rebbi Abba in the name of the rabbis there: If three sat in judgment and one of them died, two sign and note: Even though we are two who sign, we were three in judging. Rebbi Ḥaggai said, our Mishnah implies this: “The judges sign at the bottom or the witnesses.” Does one learn court documents from prozbol? It was found stated: This about court documents was learned from the rules of prozbol.

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

HALAKHAH: “A predated prozbol is valid” because he diminishes its power, but “postdated it is invalid” because he increases its power. “Predated documents of indebtedness are invalid” because he increases their power, but “postdated they are valid” because he diminishes their power.

Rebbi Joḥanan said, they are really invalid. Rebbi Simeon ben Laqish said, he only counts from the time of writing. But did we not state: “A prozbol is valid, whether predated or postdated, but it only counts from the time of writing”? If you assert this for financial documents, what is the difference between a prozbol and a financial document?

Rebbi Yudan said, there, if he said I did such and such, here, if he says do such and such. Rebbi Benjamin ben Levi inquired: If he has understanding for the past, he should have understanding for the future; ifhe has no understanding for the past, he would not have understanding for the future! Rebbi Eudaimon said, here we deal with a mute; there is no agency for a mute. Rebbi Yose ben Rebbi Abun said, we deal with a sane person. Why is there no divorce? Because I say, he was occupied with his documents. We also stated so: “When was this said? When he explained it in his regular state. But if he was paralyzed by sickness, once is enough.”

By some pretext, cheese was mixed up. Rebbi Ḥaggai asked Rebbi Abba bar Zavda. He said to them, the property of the public cannot be forbidden. Rebbi Jacob bar Zavdi said, Rebbi Isaac asked: Is not Caius Lycus written on these documents, and you say, by a pretext?

And who permitted it? Rebbi and his court permitted it. At three places is Rebbi Jehudah the Prince called “our teachers,” in divorce documents, oil, and a sole. They should have called him “a permissive court”, for any court which permits three [previously forbidden] things is called “permissive court.” Rebbi Yudan ben Rebbi Ismael said, his court disagreed with him about bills of divorce.Rebbi Joḥanan asked: Did we not state, “for no court may invalidate the words of another court unless it be greater in wisdom and numbers”? And Rebbi and his court permit what Daniel and his companions forbade? Rebbi Joḥanan follows his own opinion, for Rebbi Joḥanan said in the name of Rebbi Eleazar ben Rebbi Ṣadoq, I have a tradition that any restrictive edict passed by a court which is not accepted by the majority of the public is not an edict. They checked and found in the matter of the edict about oil and did not find that a majority of the public followed it.

Then at a place where there is a House of Study one should not read, at a place where there is no House of Study one should read? You only have what Rebbi Neḥemiah stated, as Rebbi Neḥemiah stated, why may one only read Hagiographa after afternoon prayers? Because of persons’ documents. Because if you were telling him that it is permitted, then he would say, there is nothing wrong if I would occupy myself with my documents. Since you are telling him that it is forbidden, then he will say, since Hagiographa are forbidden, so much more private documents. This implies that Mishnah has precedence over Bible. This supports what Rebbi Simeon ben Yoḥai stated, as Rebbi Simeon ben Yoḥai stated, he who studies the written Torah does himself good that is not so good; he who studies Mishnah is occupied in an endeavor which deserves reward; he who studies Talmud could not endeavor anything greater than this, always a person should pursue Mishnah more than Talmud. Rebbi Yose ben Rebbi Abun said, this was before Rebbi incorporated most of the Mishnah in the Talmud, but since Rebbi incorporated most of the Mishnah in the Talmud, a person should pursue Talmud more than Mishnah.

Then at a place where there is a House of Study one should not read, at a place where there is no House of Study one should read? You only have what Rebbi Neḥemiah stated, as Rebbi Neḥemiah stated, why may one only read Hagiographa after afternoon prayers? Because of persons’ documents. Because if you were telling him that it is permitted, then he would say, there is nothing wrong if I would occupy myself with my documents. Since you are telling him that it is forbidden, then he will say, since Hagiographa are forbidden, so much more private documents. This implies that Mishnah has precedence over Bible. This supports what Rebbi Simeon ben Yoḥai stated, as Rebbi Simeon ben Yoḥai stated, he who studies the written Torah does himself good that is not so good; he who studies Mishnah is occupied in an endeavor which deserves reward; he who studies Talmud could not endeavor anything greater than this, always a person should pursue Mishnah more than Talmud. Rebbi Yose ben Rebbi Abun said, this was before Rebbi incorporated most of the Mishnah in the Talmud, but since Rebbi incorporated most of the Mishnah in the Talmud, a person should pursue Talmud more than Mishnah.

Then at a place where there is a House of Study one should not read, at a place where there is no House of Study one should read? You only have what Rebbi Neḥemiah stated, as Rebbi Neḥemiah stated, why may one only read Hagiographa after afternoon prayers? Because of persons’ documents. Because if you were telling him that it is permitted, then he would say, there is nothing wrong if I would occupy myself with my documents. Since you are telling him that it is forbidden, then he will say, since Hagiographa are forbidden, so much more private documents. This implies that Mishnah has precedence over Bible. This supports what Rebbi Simeon ben Yoḥai stated, as Rebbi Simeon ben Yoḥai stated, he who studies the written Torah does himself good that is not so good; he who studies Mishnah is occupied in an endeavor which deserves reward; he who studies Talmud could not endeavor anything greater than this, always a person should pursue Mishnah more than Talmud. Rebbi Yose ben Rebbi Abun said, this was before Rebbi incorporated most of the Mishnah in the Talmud, but since Rebbi incorporated most of the Mishnah in the Talmud, a person should pursue Talmud more than Mishnah.

MISHNAH: One may use anything for laths, even living things; Rebbi Meїr forbids this. And it makes impure because of a cover stone, but Rebbi Meїr declares it pure. One writes on it divorce documents but Rebbi Yose the Galilean disqualifies.

But in matters of documents one writes the First Adar, the Second Adar. only that for the Second Adar one writes תִינייָן. Rebbi Jehudah says, the Second Adar one writes, and it is enough.

What is the difference whether one says that one counts from Nisan or one counts from Tishre? Rebbi Jonah says, the difference is the proof power of documents. If he took a loan in Iyar and wrote in it, the second year of government; he sold real estate in Marḥeshwan and wrote in it, the second year of government. For him who says that one counts from Nisan, the loan preceded. For him who said that one counts from Tishre, the sale preceded.

Why was Rebbi Simeon ben Laqish offended by this? He was worried about what Rebbi Eleazar said, since Rebbi Eleazar said: My hand will be against the prophets who see vain things and who conjure lies, in my people’s council they shall not be; that is the secret of intercalation; in the documents of the House of Israel they will not be inscribed; that is ordination; and to the earth of Israel they shall not come; that is the Land of Israel. Rebbi Eleazar said, when I came here, I said, I have one. When they ordained me, I said, I have two. When I was asked to participate in the intercalation, I said, I have all three with me.

It was stated: Rabban Simeon ben Gamliel says, Obligations which apply to the Second Adar do not apply to the First Adar except for eulogy and for fasting which are equal for both. Rebbi Abba, Rebbi Jeremiah in the name of Rav, Rebbi Simeon in the name of Rebbi Joshua ben Levi: Practice follows Rabban Simeon ben Gamliel. Rebbi Ḥuna, the rabbi of Sepphoris said, Rebbi Ḥanina made it a custom in Sepphoris following Rabban Simeon ben Gamliel. He only said custom, therefore not as practice. But in matters of documents one writes the First Adar, the Second Adar, only that for the Second Adar one writes תִינָייָן. Rebbi Jehudah says, the Second Adar one writes ת, and it is enough.

MISHNAH: And the following one writes on the holiday: Preliminary marriage documents of women, bills of divorce, and receipts, wills, gifts, prozbol, letters of estimation, and letters of provisions, documents of ḥaliṣah, and repudiation, and documents of selections, and court decisions, and private letters.

MISHNAH: And the following one writes on the holiday: Preliminary marriage documents of women, bills of divorce, and receipts, wills, gifts, prozbol, letters of estimation, and letters of provisions, documents of ḥaliṣah, and repudiation, and documents of selections, and court decisions, and private letters.

MISHNAH: And the following one writes on the holiday: Preliminary marriage documents of women, bills of divorce, and receipts, wills, gifts, prozbol, letters of estimation, and letters of provisions, documents of ḥaliṣah, and repudiation, and documents of selections, and court decisions, and private letters.

“And receipts,” documents of consent. “Letters of estimation,” estimation for orphans. “Letters of provisions,” support of a widow. “Documents of ḥaliṣah.” The following are documents of ḥaliṣah. There, they are saying: That she appeared before us and removed his shoe from his right foot and spat before us visible spittle on the ground and said, so shall be done to a man who will not build his brother’s house. “And documents of repudiation.” The following are documents of repudiation: I do not want him, I do not find him worthy, and I have no desire to be married to him. “And documents of selections.” Rebbi Joḥanan said, compromissa; each party selects one. “And court decisions,” Decisions of lawsuits. “And private letters,” greetings.

“And receipts,” documents of consent. “Letters of estimation,” estimation for orphans. “Letters of provisions,” support of a widow. “Documents of ḥaliṣah.” The following are documents of ḥaliṣah. There, they are saying: That she appeared before us and removed his shoe from his right foot and spat before us visible spittle on the ground and said, so shall be done to a man who will not build his brother’s house. “And documents of repudiation.” The following are documents of repudiation: I do not want him, I do not find him worthy, and I have no desire to be married to him. “And documents of selections.” Rebbi Joḥanan said, compromissa; each party selects one. “And court decisions,” Decisions of lawsuits. “And private letters,” greetings.

“And receipts,” documents of consent. “Letters of estimation,” estimation for orphans. “Letters of provisions,” support of a widow. “Documents of ḥaliṣah.” The following are documents of ḥaliṣah. There, they are saying: That she appeared before us and removed his shoe from his right foot and spat before us visible spittle on the ground and said, so shall be done to a man who will not build his brother’s house. “And documents of repudiation.” The following are documents of repudiation: I do not want him, I do not find him worthy, and I have no desire to be married to him. “And documents of selections.” Rebbi Joḥanan said, compromissa; each party selects one. “And court decisions,” Decisions of lawsuits. “And private letters,” greetings.

“And receipts,” documents of consent. “Letters of estimation,” estimation for orphans. “Letters of provisions,” support of a widow. “Documents of ḥaliṣah.” The following are documents of ḥaliṣah. There, they are saying: That she appeared before us and removed his shoe from his right foot and spat before us visible spittle on the ground and said, so shall be done to a man who will not build his brother’s house. “And documents of repudiation.” The following are documents of repudiation: I do not want him, I do not find him worthy, and I have no desire to be married to him. “And documents of selections.” Rebbi Joḥanan said, compromissa; each party selects one. “And court decisions,” Decisions of lawsuits. “And private letters,” greetings.

“And receipts,” documents of consent. “Letters of estimation,” estimation for orphans. “Letters of provisions,” support of a widow. “Documents of ḥaliṣah.” The following are documents of ḥaliṣah. There, they are saying: That she appeared before us and removed his shoe from his right foot and spat before us visible spittle on the ground and said, so shall be done to a man who will not build his brother’s house. “And documents of repudiation.” The following are documents of repudiation: I do not want him, I do not find him worthy, and I have no desire to be married to him. “And documents of selections.” Rebbi Joḥanan said, compromissa; each party selects one. “And court decisions,” Decisions of lawsuits. “And private letters,” greetings.

“And receipts,” documents of consent. “Letters of estimation,” estimation for orphans. “Letters of provisions,” support of a widow. “Documents of ḥaliṣah.” The following are documents of ḥaliṣah. There, they are saying: That she appeared before us and removed his shoe from his right foot and spat before us visible spittle on the ground and said, so shall be done to a man who will not build his brother’s house. “And documents of repudiation.” The following are documents of repudiation: I do not want him, I do not find him worthy, and I have no desire to be married to him. “And documents of selections.” Rebbi Joḥanan said, compromissa; each party selects one. “And court decisions,” Decisions of lawsuits. “And private letters,” greetings.

MISHNAH: One does not write debt documents on the holiday, but if he does not trust him or if he has nothing to eat, he shall write. One does not write Torah scrolls, tefillin and mezuzzot on the holiday; also one does not correct even a single letter in the Temple Courtyard Scroll. Rebbi Jehudah says, a person may write tefillin and mezuzzot for himself, and spin for himself the blue string for his ṣiṣit.

HALAKHAH: “One does not write documents for sharecroppers or contractorship on the holiday. The appraiser appraises normally on condition that he neither measure nor weigh nor count.” “But one accepts contractorship on the holiday on condition that it be executed after the holiday; one does not accept contractorship on the holiday on condition that it be executed on the holiday. The appraiser appraises normally on condition that he neither measure not weigh nor count.”

It was stated: [A claim based on] any of these three types of documents can be collected only from unincumbered property, not from mortgaged property. Rebbi Abba said, that means, if the document in the hand of the lender has not been confirmed. But if the document in the hand of the lender has been confirmed, he may collect. Rebbi Yose asked: If the document in the hand of the lender has not been confirmed, he should not be able to collect even from unincumbered property! But one must deal with a document confirmed in the hand of the lender. And why can he not collect? Rebbi Bisna said, because of action in partnership. Rebbi Abun said, because it is invalid. So far, if the old man took the loan and [later] the old man mortgaged. But if the old man took the loan and [later] the son mortgaged, can you say because of a conspiracy? No, because it is invalid. And here, because it is invalid. Rebbi Abun said, and was it not stated: The same holds for bills of divorce. Can you say there, because of action in partnership? No, because it is invalid. And here, because it is invalid.

Rav Ḥana said, one learns from a corrected scroll, like those who say, Issi’s scribe. From letters it is problematic. Rebbi Yose ben Rebbi Abun said, only from three documents in the hands of three people.

It was stated: If an heir’s father held a compromised promissory note, the son collects without swearing. In that the son’s power is greater than the father’s, since the son collects without swearing while the father can collect only by swearing. Rebbi Eleazar said, nevertheless he has to execute an heir’s oath, “that our father did not charge us, that our father did not tell us, that we did not find a document among our father’s documents that this note was paid.” Rebbi Hoshaia asked, does the baraita follow the House of Shammai? For the House of Shammai say, “she collects her ketubah and does not drink.” Rebbi Yose said, there the reason of the House of Shammai is: Bring my husband and I shall drink! But here, it would be in order that even his father would not have to swear. They instituted a rule that he has to swear. They instituted that for him, but not for his son. When he died, you put his son on the biblical rule.

Rebbi Ze‘ira, Rebbi Abuna in the name of Rav: At a place where one writes ketubah documents, if he says I wrote, but she says you did not write, the burden of proof is on her to prove that he did not write. But at a place where one does not write ketubah documents, if he says I wrote, but she says you did not write, the burden of proof is on him to prove that he wrote.

Rebbi Ze‘ira, Rebbi Abuna in the name of Rav: At a place where one writes ketubah documents, if he says I wrote, but she says you did not write, the burden of proof is on her to prove that he did not write. But at a place where one does not write ketubah documents, if he says I wrote, but she says you did not write, the burden of proof is on him to prove that he wrote.

MISHNAH: If somebody was married to four women when he died, the first one precedes the second, the second the third, and the third the fourth. The first one swears to the second, the second to the third, and the third to the fourth; the fourth is paid out without an oath. Ben Nanas said, should she be preferred because she is the last one? She also should be paid only after an oath. If all [ketubot] were executed on the same day, one who precedes another one even if only by an hour has acquired [precedence]; therefore in Jerusalem one used to note hours. If [the documents] were all executed at the same hour and there is only one mina, they split evenly.

Rav said, if a dying person said, do not bury me, he is buried as a charge on public charity. Rebbi Immi asked, how could one think that others are provided for by his property and he is buried as a charge on public charity? The Mishnah disagrees with Rav: “Her heirs, the heirs of her ketubah, are obligated to bury her.” Explain it, if they inherited real estate. As it was stated: “If he left male and female slaves, mortgages, and movables, anybody who takes them first acquires them and he shall be buried by public charity.” Because he took it first. Therefore, if he did not take it first one removes from his hand. Explain it, if he said, bury me. As Rebbi Yose said in the name of the rabbis: If a dead person was buried who had not said “bury me”, even though others came and took [of his property] one removes from their hands. If they took real estate. In fact, what you say, one removes from their hands, if they took real estate. But if they took movables, one does not remove from their hands, if it was a loan by witnesses. But for a documented loan, whether they took real estate or movables one does not remove from their hands. For Rebbi Abba, the son of Rav Huna, said: They made the words of a bedridden person equal to those of a healthy person who wrote and delivered. But only if he died from that illness, not if he recovered. And if he was explicit and said, give field X to Y. If he said, give field X to Y? Is it as if he was explicit or only if he said, the Northern half, the Southern half? Rebbi Yudan asked: If he said, burn me by pagan rites and give half of field X to Y. Since they do not burn, do they give? Rebbi Ḥaggai asked: A sick person who said, my daughters shall be supported. Would the daughters not be supported anyway? No, it is necessary, for otherwise would they be supported from pledged real estate or would they be supported from movables? Rebbi Yudan [ ] there came a case before Rebbi Yose about a bedridden person who had said, my documents shall be given to X. He said to him, the bedridden can only transfer property which is acquired either by a document or by taking hold. But these are acquired by a document and by taking hold. As it was stated: “A ship is acquired by taking hold in the opinion of everybody. Rebbi Nathan says a ship and documents are acquired by a document and by taking hold. If he wrote and did not take hold, or took hold without writing [a transfer document] he did not do anything unless he both writes and takes hold.”

Rav said, if a dying person said, do not bury me, he is buried as a charge on public charity. Rebbi Immi asked, how could one think that others are provided for by his property and he is buried as a charge on public charity? The Mishnah disagrees with Rav: “Her heirs, the heirs of her ketubah, are obligated to bury her.” Explain it, if they inherited real estate. As it was stated: “If he left male and female slaves, mortgages, and movables, anybody who takes them first acquires them and he shall be buried by public charity.” Because he took it first. Therefore, if he did not take it first one removes from his hand. Explain it, if he said, bury me. As Rebbi Yose said in the name of the rabbis: If a dead person was buried who had not said “bury me”, even though others came and took [of his property] one removes from their hands. If they took real estate. In fact, what you say, one removes from their hands, if they took real estate. But if they took movables, one does not remove from their hands, if it was a loan by witnesses. But for a documented loan, whether they took real estate or movables one does not remove from their hands. For Rebbi Abba, the son of Rav Huna, said: They made the words of a bedridden person equal to those of a healthy person who wrote and delivered. But only if he died from that illness, not if he recovered. And if he was explicit and said, give field X to Y. If he said, give field X to Y? Is it as if he was explicit or only if he said, the Northern half, the Southern half? Rebbi Yudan asked: If he said, burn me by pagan rites and give half of field X to Y. Since they do not burn, do they give? Rebbi Ḥaggai asked: A sick person who said, my daughters shall be supported. Would the daughters not be supported anyway? No, it is necessary, for otherwise would they be supported from pledged real estate or would they be supported from movables? Rebbi Yudan [ ] there came a case before Rebbi Yose about a bedridden person who had said, my documents shall be given to X. He said to him, the bedridden can only transfer property which is acquired either by a document or by taking hold. But these are acquired by a document and by taking hold. As it was stated: “A ship is acquired by taking hold in the opinion of everybody. Rebbi Nathan says a ship and documents are acquired by a document and by taking hold. If he wrote and did not take hold, or took hold without writing [a transfer document] he did not do anything unless he both writes and takes hold.”

Rebbi Abin in the name of Rebbi Hila: That is only if he vowed before they intercalated. But if they intercalated and then he vowed, that is not so. Is it no different for rent of houses? If one said, the First Adar, and the other one says, the Second Adar, they should split the intercalary month. Come and see, for vows you have no problem but for money matters you have a problem? Rebbi Hila said, that is, if they intercalated and after that he leased. But if he leased and after that they intercalated, that is not so. And in matters of documents one writes First Adar, Second Adar, only that for Second Adar one writes תניין. Rebbi Jehudah says, for Second Adar one writes ת̇ and that is enough.

If [the bill of divorce] contained documentation of a gift and [the messenger] said, it was written and signed before me, is [the husband’s] protest about the gift void since it is void about the divorce? Or, since his protest is void [only] about the divorce, is it valid about the gift? We have stated later: “Bills of divorce for wives and documents of manumission are equal in the rules of carrying and bringing.” If [the document of manumission] contained documentation of a gift and [the messenger] said, it was written and signed before me, is [the master’s] protest about the gift void since it is void about the manumission? Or since his protest is void [only] about the manumission, is it valid about the gift? If somebody signed all his property over to his slave, you say that the gift is the document of manumission. How do you treat this? Is it a document of manumission and his protest is void or is it a gift and his protest is valid? This can be compared to the following: If somebody signed 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 Ila in the name of Rebbi Immi: 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 Eleazar 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”. Rebbi Jacob bar Aḥa said, Rebbi Ḥanina the colleague of the rabbis and the rabbis disagree. One says, the argument of Rebbi Eleazar is correct, but the other says, Rebbi Eleazar is not correct. For him who says, the argument of Rebbi Eleazar is correct, it is a testimony about one person; as testimony it is totally invalid if it is partially invalid. 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.

MISHNAH: Any document signed by a Samaritan is invalid, except bills of divorce and bills of manumission. It happened that they brought before Rabban Gamliel at Kefar Othnay a bill of divorce whose witnesses were Samaritans and he declared it valid. All documents confirmed by a Gentile recorder’s office are valid, even if they are signed by Gentiles, except bills of divorce and bills of manumission. Rebbi Simeon says, all are valid; they said it only when they were made by private persons.

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.

“If somebody says, give this mina to X because I owe it to him, bring this mina to X for the pledge which he has from me, if he wants to change his mind he cannot do so but he himself is responsible until X receives his due.” Rebbi Ila said, a gift is like a debt. “Give this mina to X, bring this mina to X, give this gift document to X, if he wants to change his mind he can(not) do so. If he went and found that X had died, he should return it to the sender, and if that one had died he should give it to the latter’s heirs.” “Acquire this mina for X, accept this mina for X, acquire this gift document for X, accept this gift document for X, if he wants to change his mind he cannot do so. If he went and found that X had died, he should deliver it to his heirs. But if he acquired after [X’s] death he should return it to the sender since nobody can acquire documents after his death.” “If somebody says, this mina is for X, take this mina for X, this mina shall be in your hand for X, if he wants to change his mind he cannot do so” because if somebody acquires for another person it cannot be changed.

MISHNAH: If it was written during daytime and signed during daytime, in the night and signed in the night, in the night and signed during daytime, it is valid. During daytime and signed in the night it is invalid. Rebbi Simeon declares it valid since Rebbi Simeon says that all documents which were written during daytime and signed at night are invalid except for women’s bills of divorce.

Rebbi Eleazar bar Yose asked before Rebbi Yose: Concerning what you say that one bill of divorce is invalid for two women, should not two bills of divorce be invalid for two women? He asked him, what is the question? He answered, did we not state: “If two people sent two [identical] bills of divorce which were intermingled, he gives both documents to both women.” There, it is a divorce for this one and a divorce for the other one; the mix-up caused [the problem]. But here, neither this one is divorced in her name nor is that one divorced in her name.

Rebbi Ze‘ira, Rav Huna in the name of Rav: Practice follows Rebbi Jehudah for bills of divorce and Rebbi Eleazar in commercial documents. Could we not say, practice follows Rebbi Eleazar? Rebbi Abba in the name of Rav: Practice follows Rebbi Eleazar for bills of divorce and Rebbi Jehudah in commercial documents. Could we not say, practice follows Rebbi Jehudah? But because Rav and Samuel both say that practice follows Rebbi Eleazar; in order not to let you think that here it is the same, it was necessary to state that practice follows Rebbi Jehudah for bills of divorce and Rebbi Eleazar in commercial documents.

Rebbi Ze‘ira, Rav Huna in the name of Rav: Practice follows Rebbi Jehudah for bills of divorce and Rebbi Eleazar in commercial documents. Could we not say, practice follows Rebbi Eleazar? Rebbi Abba in the name of Rav: Practice follows Rebbi Eleazar for bills of divorce and Rebbi Jehudah in commercial documents. Could we not say, practice follows Rebbi Jehudah? But because Rav and Samuel both say that practice follows Rebbi Eleazar; in order not to let you think that here it is the same, it was necessary to state that practice follows Rebbi Jehudah for bills of divorce and Rebbi Eleazar in commercial documents.

Rebbi Ze‘ira, Rav Huna in the name of Rav: Practice follows Rebbi Jehudah for bills of divorce and Rebbi Eleazar in commercial documents. Could we not say, practice follows Rebbi Eleazar? Rebbi Abba in the name of Rav: Practice follows Rebbi Eleazar for bills of divorce and Rebbi Jehudah in commercial documents. Could we not say, practice follows Rebbi Jehudah? But because Rav and Samuel both say that practice follows Rebbi Eleazar; in order not to let you think that here it is the same, it was necessary to state that practice follows Rebbi Jehudah for bills of divorce and Rebbi Eleazar in commercial documents.

Rebbi Yudan said, there, if he said I did such and such, here, if he says do such and such. Rebbi Benjamin ben Levi inquired: He should have understanding for the future if he has understanding for the past; (if he has no understanding for the past,) he would not have understanding for the future! Rebbi Abba Mari said, here we deal with a mute; there is no agency for a mute. Rebbi Yose ben Rebbi Abun said, we deal with a sane person. Why is there no divorce? Because I say, he was occupied with his documents. We also stated thus: “When was this said? When he was paralyzed while being healthy. But if he was paralyzed by a prior sickness, once is enough.”

Rebbi Yasa said in the name of Rebbi Joḥanan: That refers to divorce documents, but it does not apply to a gift. Rebbi Joḥanan adds something, Rebbi Simeon ben Laqish adds something. Rebbi Joḥanan adds something. Since a find which cannot be acquired by the knowledge of another person can be acquired within four cubits, should this rule not apply a fortiori to a gift that is acquired by the knowledge of another person? Rebbi Simeon ben Laqish adds something. Since a gift which could only be acquired within four cubits by the knowledge of another person, should this not a fortiori apply to a find?

Rebbi Zeïra objected before Rebbi Yasa: But did we not state: The same applies to marriage? He answered him, divorce documents and marriage contracts have the same rules. But did we not state: The same applies to debt? He said to him, because if he said to him: Throw it into the sea and your debt will be forgiven, it would be forgiven. But if that is true, even if it fell down close to the debtor, the debtor should have the benefit! But we have stated, if it falls down close to the debtor, the debtor is still obligated. For he said to him, throw it so that it will enter my domain, but it did not yet enter his domain. Rebbi Abbahu said, all those objections that Rebbi Zeïra raised before Rebbi Yasa, Rebbi Simeon ben Laqish raised before Rebbi Joḥanan. Did he accept them from him? He solved them with those same solutions.

It was stated: [A claim based on] any of these three types of documents can be collected only from unincumbered property, not from mortgaged property. Rebbi Abba said, that means, if the document in the hand of the lender has not been confirmed. [But if the document in the hand of the lender has been confirmed, he may collect. Rebbi Yose asked: If the document in the hand of the lender has not been confirmed,] he should not be able to collect even from unincumbered property! But one must deal with a document confirmed in the hand of the lender. And why can he not collect? Rebbi Bisna said, because of action in partnership. Rebbi Abina said, because it is invalid And here, because it is invalid. Rebbi Abin asked, so far, if the old man took the loan [and the old man mortgaged. But if the old man took the loan and the son mortgaged,] can you say because of a conspiracy? No, because it is invalid. Rebbi Abun asked, was it not stated: The same holds for bills of divorce? Can you say there, because of action in partnership? No, because it is invalid. And here, because it is invalid.

Rebbi Abbahu in the name of Rebbi Joḥanan: “This shall be an elevation sacrifice for thirty days,” it is an elevation sacrifice for thirty days; after thirty days it automatically becomes profane. What is its status regarding larceny? Rebbi Joḥanan said, the larceny is clear. Rebbi Ze‘ira, Rebbi Hila both say, the larceny is in doubt. “You are preliminarily married to me for thirty days,” she is preliminarily married. What is the difference between dedication and woman? We find that a dedication can be eliminated without redemption but we do not find that a woman could leave without a divorce document. Where do we find that a dedication can be eliminated without redemption? Following Rebbi Simeon, since Rebbi Simeon says, “they enter without paying.” Rebbi Yose ben Rebbi Abun said, explain it according to everybody regarding a bought field. “This is your bill of divorce for thirty days”: it is no bill of divorce. Rebbi Isaac ben R. Eleazar said, when do you say that she is preliminarily married? If he effectuated the preliminary marriage by money. But if he effectuated the preliminary marriage by a document, since marriage documents were inferred from divorce documents and in the case of a divorce she is not divorced, so in the case of a preliminary marriage she is not preliminarily married.

Rebbi Abbahu in the name of Rebbi Joḥanan: “This shall be an elevation sacrifice for thirty days,” it is an elevation sacrifice for thirty days; after thirty days it automatically becomes profane. What is its status regarding larceny? Rebbi Joḥanan said, the larceny is clear. Rebbi Ze‘ira, Rebbi Hila both say, the larceny is in doubt. “You are preliminarily married to me for thirty days,” she is preliminarily married. What is the difference between dedication and woman? We find that a dedication can be eliminated without redemption but we do not find that a woman could leave without a divorce document. Where do we find that a dedication can be eliminated without redemption? Following Rebbi Simeon, since Rebbi Simeon says, “they enter without paying.” Rebbi Yose ben Rebbi Abun said, explain it according to everybody regarding a bought field. “This is your bill of divorce for thirty days”: it is no bill of divorce. Rebbi Isaac ben R. Eleazar said, when do you say that she is preliminarily married? If he effectuated the preliminary marriage by money. But if he effectuated the preliminary marriage by a document, since marriage documents were inferred from divorce documents and in the case of a divorce she is not divorced, so in the case of a preliminary marriage she is not preliminarily married.

“Desecrated priest.” Following “from the sons of Cohanim, the family Ḥavaya, the family Haqqoṣ . . . they tried to find their genealogical documents; but they were not found and they were freed from priesthood. And the tiršata told them.” Why was he called hattiršata? Because they permitted him to drink of the wine. Hatiršata, “I was the king’s cup bearer.” “That they should not eat from what was dedicated as holy.” Therefore, from outside holy food they might eat? Rebbi Yose said, great is the permanence of the status quo ante Since they were used to eat there, they may also eat here. One understands there, as it is written: “Put up signposts for yourself.” What can one say here? Following him who said, they accepted tithes voluntarily. “Until a priest will be appointed for urim and tummim.” But were there any urim and tummim then, in the Second Temple? But [he is] like a person who says until the dead will be resurrected, until David’s son will come.

HALAKHAH: “The obligation to make double restitution is more frequent,” etc. From where does he get this? From “if being found it is found”. This includes not only ox, or donkey, or sheep: Since He says “alive”, it includes all living beings. “The stolen goods”, to include movables. Why “ox, or donkey, or sheep”? If it were restricted to anything useful for the altar, one should have stated “ox and sheep”. [If it were restricted to anything useful for the priests, one should have stated “ox and donkey.] Rebbi Ismael stated: It excludes real estate which is not movable; it excludes slaves from whom you only have service; it excludes documents which only are for proof.

MISHNAH: One who found documents of indebtedness containing an alienation clause should not return them since the court will foreclose on their basis. If they do not contain an alienation clause, he should return them since the court will not foreclose on their basis, the words of Rebbi Meïr. But the Sages say, in no case should he return them since the court will foreclose on their basis.