empowered

For it is He alone to whose voice all the heavens and thrones give answer. I have therefore been empowered and sent to raise thee here that thou mayest see this glory,

I think it will be useful to insert a copy of the decree, for in this way the magnanimity of the king, who was empowered by God to save such vast multitudes, will be made clearer and more manifest.

Rebbi Ḥanina said: Come and see, how hard is even a hint of calumny that the verses spoke untruth in order to make peace between Abraham and Sarah. (Gen. 18:12) “Sarah laughed to herself, saying: After having wilted I became dainty, but my master is old.” To Abraham He does not say so, but rather (Gen. 18:13): “Why now did Sarah laugh, saying how can I give birth, being old?” It is not written “my master is old” but “I am old”. Rabban Simeon ben Gamliel said: Come and see, how hard is even a hint of calumny that the verses spoke untruth in order to make peace between Joseph and his brothers. That is what is written (Gen.50:16–17): “They empowered [a messenger] to Joseph to say: Your father commanded before his death, saying: So you shall say to Joseph, please forgive etc.” We do not find that he (Jacob) commanded anything.

A Mishnah disagrees with him who says that he who may take may acquire, since we have stated: “Give this divorce document to my wife …,” because he may receive the divorce document of his minor daughter. “And the document of manumission to my slave …,” since he may receive his own document of manumission. But did we not state: “Receive this divorce document for my wife or bring this divorce document to my wife; if he wants to change his mind … he may not do so.” Is a slave empowered to bring a divorce document? Explain it by different cases.

MISHNAH: He who thins out vines, just as he thins out his own so he thins out those of the poor, the words of Rebbi Jehudah. Rebbi Meïr says, he may do so for his own but he is not empowered for those of the poor.

How long does it have to be to jail? Rebbi Zeïra said, let us infer it from a vineyard. Just as you say in regard to a vineyard that there is no difference between length and separation, so here also there is no difference between length and separation. That is fine according to the opinion of Ḥizqiah; there eight and here also eight. According to Rebbi Joḥanan, with how much will it jail? If you say with eight, is there an argument a fortiori that a strip of melons among onions will jail only with twelve? But a melon strip, which you empowered among melon strips to save by a mere eight, will be jailed by eight, melon strips among onions, which you weakened to save only by twelve, certainly will be jailed only by eight. If you say that a melon strip among onions will be jailed only by twelve, then an argument a fortiori shows that a melon strip among melons should be jailed only by twelve.

MISHNAH: Partners who gave heave one after the other, Rebbi Aqiba says both of their heaves are heave. But the Sages say, the heave of the first one [only] is heave. Rebbi Yose says, if the first one gave the full measure of heave, then his heave is heave, but if the first one did not give the full measure of heave, then the heave of the second is heave. Where was this said? When he did not say anything. But if he empowered a member of his family, his slave, or his slave girl, their heave is heave. In case he revoked, if he revoked before heave was given, his heave is not heave. But if he revoked after heave was given, his heave is heave. Workers have no right to give heave except for those who press grapes because they make the wine press impure.

It was stated: He should not give heave. If he transgressed and gave heave, Rebbi Berekhia said, he is empowered. Rebbi Mana said, he is not empowered; that heave he gave creates ṭevel for tithe.

It was stated: He should not give heave. If he transgressed and gave heave, Rebbi Berekhia said, he is empowered. Rebbi Mana said, he is not empowered; that heave he gave creates ṭevel for tithe.

The following Mishnah disagrees with him who says that he who may take may acquire, since we have stated: “Give this divorce document to my wife,” because he may receive the divorce document of his minor daughter. “And the document of manumission to my slave,” since he may receive his own document of manumission. But did we not state: “Receive this divorce document for my wife or bring this divorce document to my wife; if he wants to change his mind … he may do so.” Is a slave empowered to bring a divorce document? Explain it by different cases contained in the Mishnah.

MISHNAH: If somebody lets others subscribe to his part, they are empowered to give him his part, so that he eats of his and they eat of theirs.

MISHNAH: If the Court and all of Israel saw it, the witnesses were interrogated but they did not manage to say “sanctified” before nightfall, it is prolonged. If the Court alone saw it, two of them shall stand and testify before them, and they shall say “sanctified, sanctified”. If three who form a court saw it, two of them shall stand up, let two of their colleagues sit with the single one, testify before them, so they can say “sanctified, sanctified”, since no single individual is empowered by himself.

If somebody makes a light or a candelabrum for the synagogue, as long as the name of their owner is not forgotten, one is not empowered to change them to another place; if the name of their owner is forgotten, one is empowered to change them to another place. Rebbi Ḥiyya in the name of Rebbi Joḥanan: if the owner’s name was engraved on it, it is as if the name of their owner is not forgotten. Antoninus made a candelabrum for the synagogue. Rebbi heard and said, praise to God Who inspired him to make a candelabrum for the synagogue. Rebbi Samuel ben Rav Isaac asked, what did Rebbi say? Praise to God or praise to our God? If he said praise to God, this implies that Antoninus did not convert; if he said praise to our God this implies that Antoninus did convert.

If somebody makes a light or a candelabrum for the synagogue, as long as the name of their owner is not forgotten, one is not empowered to change them to another place; if the name of their owner is forgotten, one is empowered to change them to another place. Rebbi Ḥiyya in the name of Rebbi Joḥanan: if the owner’s name was engraved on it, it is as if the name of their owner is not forgotten. Antoninus made a candelabrum for the synagogue. Rebbi heard and said, praise to God Who inspired him to make a candelabrum for the synagogue. Rebbi Samuel ben Rav Isaac asked, what did Rebbi say? Praise to God or praise to our God? If he said praise to God, this implies that Antoninus did not convert; if he said praise to our God this implies that Antoninus did convert.

Rebbi Jeremiah said, the promiscuous levitic woman still eats tithe. One has stated thus: If a levitic woman was kidnapped or if any one barred for her copulated with her, he is not empowered to disable her. One does not suspect even a hint of disability for Levites who were compromised from their mother’s side. But did we not state: “the daughter of a Levite from tithe”? Rebbi Yose said, explain it that an Israel came upon her and she bore him a son.

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

MISHNAH: Rebbi Simeon says, in the circumstances where he was empowered at her entrance he was disabled at her exit, and in the circumstances where he was disabled at her entrance he was empowered at her exit. What was connected to the ground at her entrance is his and at her exit is hers, what was cut from the ground at her entrance is hers and at her exit is his.

MISHNAH: Rebbi Simeon says, in the circumstances where he was empowered at her entrance he was disabled at her exit, and in the circumstances where he was disabled at her entrance he was empowered at her exit. What was connected to the ground at her entrance is his and at her exit is hers, what was cut from the ground at her entrance is hers and at her exit is his.

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

Samuel said, if they empower one another. If the third empowered the second to deal with the first. She said to her, is not a mina due to you? Take 50 and leave!

HALAKHAH: “If she sold her ketubah entirely or partially,” etc. It was stated: “She sells and writes ‘this I sold for ketubah’ and ‘this I sold for sustenance,’ the words of Rebbi Jehudah. Rebbi Yose said, she sells and writes non-specifically; in this she is empowered.” If a loan before witnesses [comes due], she says, I sold for sustenance. If a loan by contract [comes due], she says, I sold for my ketubah. And even if a loan before witnesses [comes due], she sells for sustenance and turns around and forecloses it for her ketubah; could one not say to her, show your sale? Explain it, if the object increased in value.

Rebbi Yasa said in the name of Rebbi Joḥanan: If it is presented by him personally. Rebbi Ze‘ira was looking at him. He asked, why are you looking at me? Even if it is presented by another person. It meansthat Rebbi Yasa before he changed his mind followed Rebbi Immi. Rebbi Mana said, even after he changed his mind it can be explained following him. There is a difference between two witnesses to the writing and two witnesses to the signing. Signing before two [witnesses] is empowered, writing before two is not empowered.

Rebbi Yasa said in the name of Rebbi Joḥanan: If it is presented by him personally. Rebbi Ze‘ira was looking at him. He asked, why are you looking at me? Even if it is presented by another person. It meansthat Rebbi Yasa before he changed his mind followed Rebbi Immi. Rebbi Mana said, even after he changed his mind it can be explained following him. There is a difference between two witnesses to the writing and two witnesses to the signing. Signing before two [witnesses] is empowered, writing before two is not empowered.

“A preliminarily married adolescent girl, or her father, can accept her bill of divorce.” Rebbi Simeon ben Laqish said, like the disagreement about divorce is the disagreement about preliminary marriage. Rebbi Joḥanan said, everybody agrees about preliminary marriage that [her father] contracts but not she herself. Rebbi Simeon ben Laqish agrees about a definitive marriage that she is not empowered to marry herself off and let her father lose her earnings. In the opinion of Rebbi Joḥanan she has no legal standing relative to her father and cannot appoint an agent. In the opinion of Rebbi Simeon ben Laqish she has legal standing relative to her father and can appoint an agent. A Mishnah disagrees with Rebbi Joḥanan: “A man contracts a preliminary marriage by himself and through his agent and a woman contracts a preliminary marriage by herself and through her agent.” He explains it about an adult woman. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is no valid bill until the bill of divorce reaches her hand.” He explains it about an orphan. But did we not state: “If her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.” He explains that the Mishnah deals with cases; the first part about an orphan and the second part if she has a father. A Mishnah disagrees with Rebbi Simeon ben Laqish. “A man may contract a preliminary marriage for his adolescent daughter either by himself or by his agent.” He explains that following Rebbi Jehudah, since Rebbi Jehudah said, “no two hands can acquire together; only her father alone can accept her bill of divorce.” Rebbi Yose said, a rabbi came out from the assembly and said, a case was decided following Rebbi Joḥanan. Can one rely on that? It was no question of relying on him since it was as from the sea to the frying pan.

Rebbi Jeremiah asked: If he threw it to her in a courtyard which belongs to neither of them, what is the rule? Rebbi Aḥa in the name of Rebbi Ḥanina: That is a problem for the rabbis. Rebbi Abin said, it is a disagreement between Rav and the Elder Rebbi Ḥiyya, for Rebbi Samuel, Rebbi Ze‘ira, Rav Ḥiyya bar Ashi said in the name of Rav: Drawing close does not acquire in a courtyard which belongs to neither of them. But Rebbi Ḥiyya stated in disagreement: “Under which circumstances did they say that movables are acquired by drawing close? In the public domain or in a courtyard which belongs to neither of them. But in the buyer’s domain he acquired the moment he accepted it. In the seller’s domain he does not acquire unless either he lifts it up or moves it out of its prior owner’s domain. In a domain where it was deposited he does not acquire unless he either is explicitly empowered or he leases its place.”

Rebbi Samuel, Rebbi Ze‘ira, Rebbi Ḥiyya bar Ashi said in the name of Rav: Drawing close does not acquire in a courtyard which belongs to neither of them. But Rebbi Ḥiyya stated in disagreement: “Under which circumstances did they say that movables are acquired by drawing close? In the public domain or in a courtyard which belongs to neither of them. But in the buyer’s domain he acquired the moment he accepted it. In the seller’s domain he does not acquire unless either he lifts it up or moves it out of its prior owner’s domain. In a domain where it was deposited he does not acquire unless he either is explicitly empowered or he leases its place.”

“By money.” Rebbi Abba was of the opinion, by money if there was no intention to write a deed. But if money was given with the intention to write a deed for him, possession was transferred only when the deed was written. Rebbi Jonah and Rebbi Yose disagree. It follows that Rebbi Abba parallels Samuel and Rav Huna Rebbi Joḥanan. Rebbi Abba parallels Samuel. Samuel asked Rav Ḥuna: He was slaughtering sacrifices while being occupied? He answered, “for your intention,” this excludes one otherwise occupied. If one wrote a gift in the language of a sale? He answered, he made it ride on two racing horses; Rebbi Abba said this; Samuel did not accept it. What means “he made it ride on two shining racing horses”? They wanted to say, one brings two crazy horses and makes it ride on both. One goes in one direction and the other in another; he has nothing in his hand. Rebbi Yose from Mamelia said, he doubly empowered him, for there is a title guarantee in a sale but none for a gift; the seller did not sell everything but the giver of a gift gave everything. And Rav Ḥuna parallels Rebbi Joḥanan. A person, when he lay dying, said: my property should be given to X. Afterwards he said: write and deliver. Rebbi Eleazar and Rebbi Simeon bar Yaqim brought the case before Rebbi Joḥanan who said: If he said to transfer to him, everybody agrees that he entered into possession. If the transfer was to be in writing, everybody agrees that nobody transfers rights in writing after his death. Who would notify the greatness? Explain it if witnesses know. Think of it, if no witnesses know it? Rebbi Yose said, the field remains in the hand of its proprietors; the burden of proof is on the claimant.

We have stated: “A preliminarily married adolescent girl, or her father, can accept her bill of divorce.” Rebbi Simeon ben Laqish said, like the disagreement about divorce is the disagreement about preliminary marriage. Rebbi Joḥanan said, everybody agrees about preliminary marriage that her father contracts but not she herself. Rebbi Simeon ben Laqish agrees about a definitive marriage that she is not empowered to marry herself off and to let her father lose her earnings. In the opinion of Rebbi Joḥanan she has no legal standing relative to her father and cannot appoint an agent. In the opinion of Rebbi Simeon ben Laqish she does have legal standing relative to her father and can appoint an agent. A Mishnah disagrees with Rebbi Joḥanan: “A man contracts a preliminary marriage either in person or through his agent and a woman contracts a preliminary marriage either in person or through her agent.” He explains it about an adult woman. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is no valid bill of divorce until it reaches her hand.” He explains it about an orphan. But did we not state: “If her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.” He explains that the Mishnah deals with cases; the first part about an orphan and the second part if she has a father. A Mishnah disagrees with Rebbi Simeon ben Laqish. “A man may contract a preliminary marriage for his adolescent daughter either by himself or by his agent.” He explains that following Rebbi Jehudah, since Rebbi Jehudah said, “no two hands can acquire together.” Rebbi Yose said, a rabbi came out from the assembly and said, a case was decided following Rebbi Joḥanan. Can one rely on that? It was no question of relying on him since it was as from the sea to the frying pan.

Rebbi Abba bar Cahana and Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: If she was preliminarily married with agreement but definitively married without agreement: there was such a case and the father came and removed her from the bridal chamber. Rebbi Jacob bar Aḥa in the name of Rebbi Joshua: He had an indication that Rebbi Joshua ben Levi disagreed with Rebbi Simeon ben Laqish. But this does not disagree. Just as Rebbi Simeon ben Laqish said there, she is not empowered to marry herself off and let her father lose her earnings, so Rebbi Joshua ben Levi said here, she is not empowered to marry herself off and let her father lose her earnings. Rebbi Abba bar Cahana and Rebbi Jacob bar Idi came in the name of Rebbi Joshua ben Levi: If she was preliminarily married without agreement and was being definitively married without agreement: there was such a case and the father came and annulled her preliminary marriage.

Rebbi Abba bar Cahana and Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: If she was preliminarily married with agreement but definitively married without agreement: there was such a case and the father came and removed her from the bridal chamber. Rebbi Jacob bar Aḥa in the name of Rebbi Joshua: He had an indication that Rebbi Joshua ben Levi disagreed with Rebbi Simeon ben Laqish. But this does not disagree. Just as Rebbi Simeon ben Laqish said there, she is not empowered to marry herself off and let her father lose her earnings, so Rebbi Joshua ben Levi said here, she is not empowered to marry herself off and let her father lose her earnings. Rebbi Abba bar Cahana and Rebbi Jacob bar Idi came in the name of Rebbi Joshua ben Levi: If she was preliminarily married without agreement and was being definitively married without agreement: there was such a case and the father came and annulled her preliminary marriage.

MISHNAH: If somebody empowered his agent to contract preliminary marriage for his daughter and then went himself and contracted for her, ifhe was first, his preliminary marriage is valid, but if his agent was first, that preliminary marriage is valid. If precedence cannot be established, both give a bill of divorce or, if they agree, one gives a bill of divorce and one marries definitively. Similarly, if a woman empowered her agent to contract preliminary marriage for her and then went and contracted for herself, if she was first, her preliminary marriage is valid, but if her agent’s was first, that preliminary marriage is valid. If precedence cannot be established, both give a bill of divorce or, if they agree, one gives a bill of divorce and one marries definitively.

MISHNAH: If somebody empowered his agent to contract preliminary marriage for his daughter and then went himself and contracted for her, ifhe was first, his preliminary marriage is valid, but if his agent was first, that preliminary marriage is valid. If precedence cannot be established, both give a bill of divorce or, if they agree, one gives a bill of divorce and one marries definitively. Similarly, if a woman empowered her agent to contract preliminary marriage for her and then went and contracted for herself, if she was first, her preliminary marriage is valid, but if her agent’s was first, that preliminary marriage is valid. If precedence cannot be established, both give a bill of divorce or, if they agree, one gives a bill of divorce and one marries definitively.

HALAKHAH: “Similarly, if a woman empowered her agent,” etc. Does this not disagree with Rebbi Joḥanan, since Rebbi Joḥanan said that a person invalidates agency by a declaration? He explains it by the stringency of the rules of adultery and incest. Rebbi Yose ben Rebbi Abun understood this from the latter part: “Similarly, if a woman empowered her agent to contract preliminary marriage for her and then went and contracted for herself.” Does this not disagree with Rebbi Joḥanan, since Rebbi Joḥanan said that a person invalidates agency by a declaration? He explains it by the stringency of the rules of adultery and incest.

HALAKHAH: “Similarly, if a woman empowered her agent,” etc. Does this not disagree with Rebbi Joḥanan, since Rebbi Joḥanan said that a person invalidates agency by a declaration? He explains it by the stringency of the rules of adultery and incest. Rebbi Yose ben Rebbi Abun understood this from the latter part: “Similarly, if a woman empowered her agent to contract preliminary marriage for her and then went and contracted for herself.” Does this not disagree with Rebbi Joḥanan, since Rebbi Joḥanan said that a person invalidates agency by a declaration? He explains it by the stringency of the rules of adultery and incest.

HALAKHAH: “If somebody empowered his agent,” etc. It was stated: “If a man and a woman come from overseas; he says, she is my wife, and she says, he is my husband. One will not execute anybody because of her being a married woman. If they become generally known, one will execute because of her being a married woman.” How long does it take to be generally known? Rebbi Jonah, Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Up to thirty days. There, we have stated: “A toddler who is found near cake-dough with a piece of dough in his hand, Rebbi Meïr declares pure but the Sages declare it impure, for toddlers will slap their hands on cake-dough.” Does one burn because of general knowledge? Rebbi Yose in the name of Rebbi Ze‘ira: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan said, one executes because of general knowledge. Rebbi Simeon ben Laqish said, one does not execute because of general knowledge. Rebbi Yose ben Rebbi Abun in the name of Rebbi Ze‘ira: Everybody agrees that one executes because of general knowledge. Where do they disagree? About burning. Rebbi Joḥanan said, one executes because of general knowledge but one does not burn because of general knowledge. Rebbi Simeon ben Laqish said, since one executes because of general knowledge, one also burns because of general knowledge. And from where that one executes because of general knowledge? Rebbi Samuel, the son of Rebbi Yose ben Rebbi Abun said, it is written: “He who hits his father or his mother shall be put to death.” But is it certain that this one is his father? Is it not only general knowledge that he is his father? But it says, one executes. So here also one executes.

What is the difference between his Hebrew male and female slaves and his Canaanite male and female slaves? Rebbi Joḥanan said, since he is not empowered to change the employment of his male or female Hebrew slave, that one’s find belongs to himself. Since he is empowered to change the employment of his male or female Canaanite slave, their find belongs to their master. They objected: He is not empowered to change the employment of his wife, but her find belongs to him. As we have stated there: “He forces her to work with wool,” he cannot force her to work any other material. Rebbi Abba bar Mina and Rebbi Yasa in the name of Rebbi Joḥanan: there is another reason in the case of the wife. What is another reason in the case of the wife? Rebbi Ḥaggai said, because of quarrel. Rebbi Yose said, lest she smuggle away her husband’s property and say: it is a find. They objected: before witnesses? They forbade one because of the other.

What is the difference between his Hebrew male and female slaves and his Canaanite male and female slaves? Rebbi Joḥanan said, since he is not empowered to change the employment of his male or female Hebrew slave, that one’s find belongs to himself. Since he is empowered to change the employment of his male or female Canaanite slave, their find belongs to their master. They objected: He is not empowered to change the employment of his wife, but her find belongs to him. As we have stated there: “He forces her to work with wool,” he cannot force her to work any other material. Rebbi Abba bar Mina and Rebbi Yasa in the name of Rebbi Joḥanan: there is another reason in the case of the wife. What is another reason in the case of the wife? Rebbi Ḥaggai said, because of quarrel. Rebbi Yose said, lest she smuggle away her husband’s property and say: it is a find. They objected: before witnesses? They forbade one because of the other.

What is the difference between his Hebrew male and female slaves and his Canaanite male and female slaves? Rebbi Joḥanan said, since he is not empowered to change the employment of his male or female Hebrew slave, that one’s find belongs to himself. Since he is empowered to change the employment of his male or female Canaanite slave, their find belongs to their master. They objected: He is not empowered to change the employment of his wife, but her find belongs to him. As we have stated there: “He forces her to work with wool,” he cannot force her to work any other material. Rebbi Abba bar Mina and Rebbi Yasa in the name of Rebbi Joḥanan: there is another reason in the case of the wife. What is another reason in the case of the wife? Rebbi Ḥaggai said, because of quarrel. Rebbi Yose said, lest she smuggle away her husband’s property and say: it is a find. They objected: before witnesses? They forbade one because of the other.

Rebbi Zachariah asked before Rebbi Immi: Does one act following that Tanna, as it was stated: “Rebbi Simeon ben Menassiah says, sometimes you are empowered to propose a compromise, sometimes you are not empowered to propose a compromise. How is this? Two come before a judge; before he heard their arguments, or after he heard their arguments but does not know how to correctly apply the law, he may tell them, go and work out a compromise. After you heard their arguments and know how to correctly apply the law, you may not propose a compromise, as it is said: One may remove the beginning of a quarrel like water; before it becomes manifest, the quarrel may be abandoned. Before the quarrel became manifest, you are permitted to abandon it; after the quarrel became manifest, you are not permitted to abandon it.” Rebbi Mattaniah said, even compromise needs intelligent decision.

Rebbi Zachariah asked before Rebbi Immi: Does one act following that Tanna, as it was stated: “Rebbi Simeon ben Menassiah says, sometimes you are empowered to propose a compromise, sometimes you are not empowered to propose a compromise. How is this? Two come before a judge; before he heard their arguments, or after he heard their arguments but does not know how to correctly apply the law, he may tell them, go and work out a compromise. After you heard their arguments and know how to correctly apply the law, you may not propose a compromise, as it is said: One may remove the beginning of a quarrel like water; before it becomes manifest, the quarrel may be abandoned. Before the quarrel became manifest, you are permitted to abandon it; after the quarrel became manifest, you are not permitted to abandon it.” Rebbi Mattaniah said, even compromise needs intelligent decision.

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: Four kinds of execution was the court empowered to impose: Stoning, burning, decapitation, and strangling. Rebbi Simeon says: Burning, stoning, strangling, and decapitation. The preceding was prescribed for stoning.

HALAKHAH: “Four kinds of execution was the court empowered to impose,” etc. But to the government only decapitation was given. From where stoning? You shall stone them with stones that they die. Burning, for it is written, in fire you shall burn him and them. Avenging is written here, and there it is written: I shall bring over you a sword which avenges the vengeance of the Covenant. Since avenging mentioned there is by the sword, also avenging mentioned here is by the sword. Strangling? You do not find it. You say that for any death penalty mentioned in the Torah with no particular indication, you are not empowered to make it more stringent, but only to make it less so; they assigned this to strangling.

HALAKHAH: “Four kinds of execution was the court empowered to impose,” etc. But to the government only decapitation was given. From where stoning? You shall stone them with stones that they die. Burning, for it is written, in fire you shall burn him and them. Avenging is written here, and there it is written: I shall bring over you a sword which avenges the vengeance of the Covenant. Since avenging mentioned there is by the sword, also avenging mentioned here is by the sword. Strangling? You do not find it. You say that for any death penalty mentioned in the Torah with no particular indication, you are not empowered to make it more stringent, but only to make it less so; they assigned this to strangling.

HALAKHAH: “The order of the strangled,” etc. Strangling? You do not find it. This refers to death penalty in the Torah. For any death penalty mentioned in the Torah with no particular indication, you are not empowered to try to make it more stringent, only to make it less so, the words of Rebbi Josia. Rebbi Jonathan said to him, not because it is the least painful, but because it is mentioned in the Torah with no specific indication. For any death penalty mentioned in the Torah with no particular indication, you are not empowered to try to make it more stringent but only to make it less so; they ascribed this to strangling.

HALAKHAH: “The order of the strangled,” etc. Strangling? You do not find it. This refers to death penalty in the Torah. For any death penalty mentioned in the Torah with no particular indication, you are not empowered to try to make it more stringent, only to make it less so, the words of Rebbi Josia. Rebbi Jonathan said to him, not because it is the least painful, but because it is mentioned in the Torah with no specific indication. For any death penalty mentioned in the Torah with no particular indication, you are not empowered to try to make it more stringent but only to make it less so; they ascribed this to strangling.