estimate

And when a man shall sanctify his house to be holy unto the LORD, then the priest shall estimate it, whether it be good or bad: as the priest shall estimate it, so shall it stand.

And when a man shall sanctify his house to be holy unto the LORD, then the priest shall estimate it, whether it be good or bad: as the priest shall estimate it, so shall it stand.

Let us, then, repent with our whole heart, that no one of us may perish amiss. For if we have commands and engage in withdrawing from idols and instructing others, how much more ought a soul already knowing God not to perish. Rendering, therefore, mutual help, let us raise the weak also in that which is good, that all of us may be saved and convert one another and admonish. And not only now let us seem to believe and give heed, when we are admonished by the elders; but also when we take our departure home, let us remember the commandments of the Lord, and not be allured back by worldly lusts, but let us often and often draw near and try to make progress in the Lord's commands, that we all having the same mind may be gathered together for life. For the Lord said, I come to gather all nations [kindreds] and tongues. This means the day of His appearing, when He will come and redeem us — each one according to his works. And the unbelievers will see His glory and might, and, when they see the empire of the world in Jesus, they will be surprised, saying, Woe to us, because You were, and we knew not and believed not and obeyed not the elders who show us plainly of our salvation. And their worm shall not die, neither shall their fire be quenched; and they shall be a spectacle unto all flesh. It is of the great day of judgment He speaks, when they shall see those among us who were guilty of ungodliness and erred in their estimate of the commands of Jesus Christ. The righteous, having succeeded both in enduring the trials and hating the indulgences of the soul, whenever they witness how those who have swerved and denied Jesus by words or deeds are punished with grievous torments in fire unquenchable, will give glory to their God and say, There will be hope for him who has served God with his whole heart.

And truly Moses gave them all these precepts, being such as were observed during his own lifetime; but though he lived now in the wilderness, yet did he make provision how they might observe the same laws when they should have taken the land of Canaan. He gave them rest to the land from ploughing and planting every seventh year, as he had prescribed to them to rest from working every seventh day; and ordered, that then what grew of its own accord out of the earth should in common belong to all that pleased to use it, making no distinction in that respect between their own countrymen and foreigners: and he ordained, that they should do the same after seven times seven years, which in all are fifty years; and that fiftieth year is called by the Hebrews The Jubilee, wherein debtors are freed from their debts, and slaves are set at liberty; which slaves became such, though they were of the same stock, by transgressing some of those laws the punishment of which was not capital, but they were punished by this method of slavery. This year also restores the land to its former possessors in the manner following:—When the Jubilee is come, which name denotes liberty, he that sold the land, and he that bought it, meet together, and make an estimate, on one hand, of the fruits gathered; and, on the other hand, of the expenses laid out upon it. If the fruits gathered come to more than the expenses laid out, he that sold it takes the land again; but if the expenses prove more than the fruits, the present possessor receives of the former owner the difference that was wanting, and leaves the land to him; and if the fruits received, and the expenses laid out, prove equal to one another, the present possessor relinquishes it to the former owners. Moses would have the same law obtain as to those houses also which were sold in villages; but he made a different law for such as were sold in a city; for if he that sold it tendered the purchaser his money again within a year, he was forced to restore it; but in case a whole year had intervened, the purchaser was to enjoy what he had bought. This was the constitution of the laws which Moses learned of God when the camp lay under Mount Sinai, and this he delivered in writing to the Hebrews.

He that maimeth any one, let him undergo the like himself, and be deprived of the same member of which he hath deprived the other, unless he that is maimed will accept of money instead of it for the law makes the sufferer the judge of the value of what he hath suffered, and permits him to estimate it, unless he will be more severe.

Now Joshua, when he had thus spoken to them, found that the multitude approved of his proposal. So he sent men to measure their country, and sent with them some geometricians, who could not easily fail of knowing the truth, on account of their skill in that art. He also gave them a charge to estimate the measure of that part of the land that was most fruitful, and what was not so good: for such is the nature of the land of Canaan, that one may see large plains, and such as are exceeding fit to produce fruit, which yet, if they were compared to other parts of the country, might be reckoned exceedingly fruitful; yet, if it be compared with the fields about Jericho, and to those that belong to Jerusalem, will appear to be of no account at all; and although it so falls out that these people have but a very little of this sort of land, and that it is, for the main, mountainous also, yet does it not come behind other parts, on account of its exceeding goodness and beauty; for which reason Joshua thought the land for the tribes should be divided by estimation of its goodness, rather than the largeness of its measure, it often happening that one acre of some sort of land was equivalent to a thousand other acres. Now the men that were sent, which were in number ten, traveled all about, and made an estimation of the land, and in the seventh month came to him to the city of Shiloh, where they had set up the tabernacle.

After Esdras had said this, he left off praying; and when all those that came to him with their wives and children were under lamentation, one whose name was Jechonias, a principal man in Jerusalem, came to him, and said that they had sinned in marrying strange wives; and he persuaded him to adjure them all to cast those wives out, and the children born of them, and that those should be punished who would not obey the law. So Esdras hearkened to this advice, and made the heads of the priests, and of the Levites, and of the Israelites, swear that they would put away those wives and children, according to the advice of Jechonias. And when he had received their oaths, he went in haste out of the temple into the chamber of Johanan, the son of Eliasib, and as he had hitherto tasted nothing at all for grief, so he abode there that day. And when proclamation was made, that all those of the captivity should gather themselves together to Jerusalem, and those that did not meet there in two or three days should be banished from the multitude, and that their substance should b appropriated to the uses of the temple, according to the sentence of the elders, those that were of the tribes of Judah and Benjamin came together in three days, viz. on the twentieth day of the ninth month, which, according to the Hebrews, is called Tebeth, and according to the Macedonians, Apelleius. Now as they were sitting in the upper room of the temple, where the elders also were present, but were uneasy because of the cold, Esdras stood up and accused them, and told them that they had sinned in marrying wives that were not of their own nation; but that now they would do a thing both pleasing to God, and advantageous to themselves, if they would put those wives away. Accordingly, they all cried out that they would do so. That, however, the multitude was great, and that the season of the year was winter, and that this work would require more than one or two days. "Let their rulers, therefore, [said they,] and those that have married strange wives, come hither at a proper time, while the elders of every place, that are in common to estimate the number of those that have thus married, are to be there also." Accordingly, this was resolved on by them, and they began the inquiry after those that had married strange wives on the first day of the tenth month, and continued the inquiry to the first day of the next month, and found a great many of the posterity of Jeshua the high priest, and of the priests and Levites, and Israelites, who had a greater regard to the observation of the law than to their natural affection, and immediately cast out their wives, and the children which were born of them. And in order to appease God, they offered sacrifices, and slew rams, as oblations to him; but it does not seem to me to be necessary to set down the names of these men. So when Esdras had reformed this sin about the marriages of the forementioned persons, he reduced that practice to purity, so that it continued in that state for the time to come.

And when the day came on which the king was to let the taxes of the cities to farm, and those that were the principal men of dignity in their several countries were to bid for them, the sum of the taxes together, of Celesyria, and Phoenicia, and Judea, with Samaria, [as they were bidden for,] came to eight thousand talents. Hereupon Joseph accused the bidders, as having agreed together to estimate the value of the taxes at too low a rate; and he promised that he would himself give twice as much for them: but for those who did not pay, he would send the king home their whole substance; for this privilege was sold together with the taxes themselves. The king was pleased to hear that offer; and because it augmented his revenues, he said he would confirm the sale of the taxes to him. But when he asked him this question, Whether he had any sureties that would be bound for the payment of the money? he answered very pleasantly, "I will give such security, and those of persons good and responsible, and which you shall have no reason to distrust." And when he bid him name them who they were, he replied, "I give thee no other persons, O king, for my sureties, than thyself, and this thy wife; and you shall be security for both parties." So Ptolemy laughed at the proposal, and granted him the farming of the taxes without any sureties. This procedure was a sore grief to those that came from the cities into Egypt, who were utterly disappointed; and they returned every one to their own country with shame.

But Hyrcanus the high priest was desirous to renew that league of friendship they had with the Romans. Accordingly, he sent an embassage to them; and when the senate had received their epistle, they made a league of friendship with them, after the manner following: "Fanius, the son of Marcus, the praetor, gathered the senate together on the eighth day before the Ides of February, in the senate-house, when Lucius Manlius, the son of Lucius, of the Mentine tribe, and Caius Sempronius, the son of Caius, of the Falernian tribe, were present. The occasion was, that the ambassadors sent by the people of the Jews Simon, the son of Dositheus, and Apollonius, the son of Alexander, and Diodorus, the son of Jason, who were good and virtuous men, had somewhat to propose about that league of friendship and mutual assistance which subsisted between them and the Romans, and about other public affairs, who desired that Joppa, and the havens, and Gazara, and the springs [of Jordan], and the several other cities and countries of theirs, which Antiochus had taken from them in the war, contrary to the decree of the senate, might be restored to them; and that it might not be lawful for the king's troops to pass through their country, and the countries of those that are subject to them; and that what attempts Antiochus had made during that war, without the decree of the senate, might be made void; and that they would send ambassadors, who should take care that restitution be made them of what Antiochus had taken from them, and that they should make an estimate of the country that had been laid waste in the war; and that they would grant them letters of protection to the kings and free people, in order to their quiet return home. It was therefore decreed, as to these points, to renew their league of friendship and mutual assistance with these good men, and who were sent by a good and a friendly people." But as to the letters desired, their answer was, that the senate would consult about that matter when their own affairs would give them leave; and that they would endeavor, for the time to come, that no like injury should be done to them; and that their praetor Fanius should give them money out of the public treasury to bear their expenses home. And thus did Fanius dismiss the Jewish ambassadors, and gave them money out of the public treasury; and gave the decree of the senate to those that were to conduct them, and to take care that they should return home in safety.

But now, when Agrippa and Herod were in Ionia, a great multitude of Jews, who dwelt in their cities, came to them, and laying hold of the opportunity and the liberty now given them, laid before them the injuries which they suffered, while they were not permitted to use their own laws, but were compelled to prosecute their law-suits, by the ill usage of the judges, upon their holy days, and were deprived of the money they used to lay up at Jerusalem, and were forced into the army, and upon such other offices as obliged them to spend their sacred money; from which burdens they always used to be freed by the Romans, who had still permitted them to live according to their own laws. When this clamor was made, the king desired of Agrippa that he would hear their cause, and assigned Nicolaus, one of his friends, to plead for those their privileges. Accordingly, when Agrippa had called the principal of the Romans, and such of the kings and rulers as were there, to be his assessors, Nicolaus stood up, and pleaded for the Jews, as follows: "It is of necessity incumbent on such as are in distress to have recourse to those that have it in their power to free them from those injuries they lie under; and for those that now are complainants, they approach you with great assurance; for as they have formerly often obtained your favor, so far as they have even wished to have it, they now only entreat that you, who have been the donors, will take care that those favors you have already granted them may not be taken away from them. We have received these favors from you, who alone have power to grant them, but have them taken from us by such as are no greater than ourselves, and by such as we know are as much subjects as we are; and certainly, if we have been vouchsafed great favors, it is to our commendation who have obtained them, as having been found deserving of such great favors; and if those favors be but small ones, it would be barbarous for the donors not to confirm them to us. And for those that are the hinderance of the Jews, and use them reproachfully, it is evident that they affront both the receivers, while they will not allow those to be worthy men to whom their excellent rulers themselves have borne their testimony, and the donors, while they desire those favors already granted may be abrogated. Now if any one should ask these Gentiles themselves, which of the two things they would choose to part with, their lives, or the customs of their forefathers, their solemnities, their sacrifices, their festivals, which they celebrated in honor of those they suppose to be gods? I know very well that they would choose to suffer any thing whatsoever rather than a dissolution of any of the customs of their forefathers; for a great many of them have rather chosen to go to war on that account, as very solicitous not to transgress in those matters. And indeed we take an estimate of that happiness which all mankind do now enjoy by your means from this very thing, that we are allowed every one to worship as our own institutions require, and yet to live [in peace]; and although they would not be thus treated themselves, yet do they endeavor to compel others to comply with them, as if it were not as great an instance of impiety profanely to dissolve the religious solemnities of any others, as to be negligent in the observation of their own towards their gods. And let us now consider the one of these practices. Is there any people, or city, or community of men, to whom your government and the Roman power does not appear to be the greatest blessing? Is there any one that can desire to make void the favors they have granted? No one is certainly so mad; for there are no men but such as have been partakers of their favors, both public and private; and indeed those that take away what you have granted, can have no assurance but every one of their own grants made them by you may be taken from them also; which grants of yours can yet never be sufficiently valued; for if they consider the old governments under kings, together with your present government, besides the great number of benefits which this government hath bestowed on them, in order to their happiness, this is instead of all the rest, that they appear to be no longer in a state of slavery, but of freedom. Now the privileges we desire, even when we are in the best circumstances, are not such as deserve to be envied, for we are indeed in a prosperous state by your means, but this is only in common with others; and it is no more than this which we desire, to preserve our religion without any prohibition; which as it appears not in itself a privilege to be envied us, so it is for the advantage of those that grant it to us; for if the Divinity delights in being honored, it must delight in those that permit them to be honored. And there are none of our customs which are inhuman, but all tending to piety, and devoted to the preservation of justice; nor do we conceal those injunctions of ours by which we govern our lives, they being memorials of piety, and of a friendly conversation among men. And the seventh day we set apart from labor; it is dedicated to the learning of our customs and laws, we thinking it proper to reflect on them, as well as on any [good] thing else, in order to our avoiding of sin. If any one therefore examine into our observances, he will find they are good in themselves, and that they are ancient also, though some think otherwise, insomuch that those who have received them cannot easily be brought to depart from them, out of that honor they pay to the length of time they have religiously enjoyed them and observed them. Now our adversaries take these our privileges away in the way of injustice; they violently seize upon that money of ours which is owed to God, and called sacred money, and this openly, after a sacrilegious manner; and they impose tributes upon us, and bring us before tribunals on holy days, and then require other like debts of us, not because the contracts require it, and for their own advantage, but because they would put an affront on our religion, of which they are conscious as well as we, and have indulged themselves in an unjust, and to them involuntary, hatred; for your government over all is one, tending to the establishing of benevolence, and abolishing of ill-will among such as are disposed to it. This is therefore what we implore from thee, most excellent Agrippa, that we may not be ill-treated; that we may not be abused; that we may not be hindered from making use of our own customs, nor be despoiled of our goods, nor be forced by these men to do what we ourselves force nobody to do; for these privileges of ours are not only according to justice, but have formerly been granted us by you. And we are able to read to you many decrees of the senate, and the tables that contain them, which are still extant in the capitol, concerning these things, which it is evident were granted after you had experience of our fidelity towards you, which ought to be valued, though no such fidelity had been; for you have hitherto preserved what people were in possession of, not to us only, but almost to all men, and have added greater advantages than they could have hoped for, and thereby your government is become a great advantage to them. And if any one were able to enumerate the prosperity you have conferred on every nation, which they possess by your means, he could never put an end to his discourse; but that we may demonstrate that we are not unworthy of all those advantages we have obtained, it will be sufficient for us, to say nothing of other things, but to speak freely of this king who now governs us, and is now one of thy assessors; and indeed in what instance of good-will, as to your house, hath he been deficient? What mark of fidelity to it hath he omitted? What token of honor hath he not devised? What occasion for his assistance of you hath he not regarded at the very first? What hindereth; therefore, but that your kindnesses may be as numerous as his so great benefits to you have been? It may also perhaps be fit not here to pass over in silence the valor of his father Antipater, who, when Cæsar made an expedition into Egypt, assisted him with two thousand armed men, and proved inferior to none, neither in the battles on land, nor in the management of the navy; and what need I say any thing of how great weight those soldiers were at that juncture? or how many and how great presents they were vouchsafed by Cæsar? And truly I ought before now to have mentioned the epistles which Cæsar wrote to the senate; and how Antipater had honors, and the freedom of the city of Rome, bestowed upon him; for these are demonstrations both that we have received these favors by our own deserts, and do on that account petition thee for thy confirmation of them, from whom we had reason to hope for them, though they had not been given us before, both out of regard to our king's disposition towards you, and your disposition towards him. And further, we have been informed by those Jews that were there with what kindness thou camest into our country, and how thou offeredst the most perfect sacrifices to God, and honoredst him with remarkable vows, and how thou gavest the people a feast, and acceptedst of their own hospitable presents to thee. We ought to esteem all these kind entertainments made both by our nation and to our city, to a man who is the ruler and manager of so much of the public affairs, as indications of that friendship which thou hast returned to the Jewish nation, and which hath been procured them by the family of Herod. So we put thee in mind of these things in the presence of the king, now sitting by thee, and make our request for no more but this, that what you have given us yourselves you will not see taken away by others from us."

"Had I perceived that you were all zealously disposed to go to war with the Romans, and that the purer and more sincere part of the people did not propose to live in peace, I had not come out to you, nor been so bold as to give you counsel; for all discourses that tend to persuade men to do what they ought to do are superfluous, when the hearers are agreed to do the contrary. But because some are earnest to go to war because they are young, and without experience of the miseries it brings, and because some are for it out of an unreasonable expectation of regaining their liberty, and because others hope to get by it, and are therefore earnestly bent upon it, that in the confusion of your affairs they may gain what belongs to those that are too weak to resist them, I have thought proper to get you all together, and to say to you what I think to be for your advantage; that so the former may grow wiser, and change their minds, and that the best men may come to no harm by the ill conduct of some others. And let not any one be tumultuous against me, in case what they hear me say do not please them; for as to those that admit of no cure, but are resolved upon a revolt, it will still be in their power to retain the same sentiments after my exhortation is over; but still my discourse will fall to the ground, even with a relation to those that have a mind to hear me, unless you will all keep silence. I am well aware that many make a tragical exclamation concerning the injuries that have been offered you by your procurators, and concerning the glorious advantages of liberty; but before I begin the inquiry, who you are that must go to war, and who they are against whom you must fight, I shall first separate those pretenses that are by some connected together; for if you aim at avenging yourselves on those that have done you injury, why do you pretend this to be a war for recovering your liberty? but if you think all servitude intolerable, to what purpose serve your complaint against your particular governors? for if they treated you with moderation, it would still be equally an unworthy thing to be in servitude. Consider now the several cases that may be supposed, how little occasion there is for your going to war. Your first occasion is the accusations you have to make against your procurators; now here you ought to be submissive to those in authority, and not give them any provocation; but when you reproach men greatly for small offenses, you excite those whom you reproach to be your adversaries; for this will only make them leave off hurting you privately, and with some degree of modesty, and to lay what you have waste openly. Now nothing so much damps the force of strokes as bearing them with patience; and the quietness of those who are injured diverts the injurious persons from afflicting. But let us take it for granted that the Roman ministers are injurious to you, and are incurably severe; yet are they not all the Romans who thus injure you; nor hath Caesar, against whom you are going to make war, injured you: it is not by their command that any wicked governor is sent to you; for they who are in the west cannot see those that are in the east; nor indeed is it easy for them there even to hear what is done in these parts. Now it is absurd to make war with a great many for the sake of one, to do so with such mighty people for a small cause; and this when these people are not able to know of what you complain: nay, such crimes as we complain of may soon be corrected, for the same procurator will not continue for ever; and probable it is that the successors will come with more moderate inclinations. But as for war, if it be once begun, it is not easily laid down again, nor borne without calamities coming therewith. However, as to the desire of recovering your liberty, it is unseasonable to indulge it so late; whereas you ought to have labored earnestly in old time that you might never have lost it; for the first experience of slavery was hard to be endured, and the struggle that you might never have been subject to it would have been just; but that slave who hath been once brought into subjection, and then runs away, is rather a refractory slave than a lover of liberty; for it was then the proper time for doing all that was possible, that you might never have admitted the Romans [into your city], when Pompey came first into the country. But so it was, that our ancestors and their kings, who were in much better circumstances than we are, both as to money, and strong bodies, and [valiant] souls, did not bear the onset of a small body of the Roman army. And yet you, who have now accustomed yourselves to obedience from one generation to another, and who are so much inferior to those who first submitted, in your circumstances will venture to oppose the entire empire of the Romans. While those Athenians, who, in order to preserve the liberty of Greece, did once set fire to their own city; who pursued Xerxes, that proud prince, when he sailed upon the land, and walked upon the sea, and could not be contained by the seas, but conducted such an army as was too broad for Europe; and made him run away like a fugitive in a single ship, and brake so great a part of Asia at the Lesser Salamis; are yet at this time servants to the Romans; and those injunctions which are sent from Italy become laws to the principal governing city of Greece. Those Lacedemonians also who got the great victories at Thermopylae and Platea, and had Agesilaus [for their king], and searched every corner of Asia, are contented to admit the same lords. Those Macedonians also, who still fancy what great men their Philip and Alexander were, and see that the latter had promised them the empire over the world, these bear so great a change, and pay their obedience to those whom fortune hath advanced in their stead. Moreover, ten thousand ether nations there are who had greater reason than we to claim their entire liberty, and yet do submit. You are the only people who think it a disgrace to be servants to those to whom all the world hath submitted. What sort of an army do you rely on? What are the arms you depend on? Where is your fleet, that may seize upon the Roman seas? and where are those treasures which may be sufficient for your undertakings? Do you suppose, I pray you, that you are to make war with the Egyptians, and with the Arabians? Will you not carefully reflect upon the Roman empire? Will you not estimate your own weakness? Hath not your army been often beaten even by your neighboring nations, while the power of the Romans is invincible in all parts of the habitable earth? nay, rather they seek for somewhat still beyond that; for all Euphrates is not a sufficient boundary for them on the east side, nor the Danube on the north; and for their southern limit, Libya hath been searched over by them, as far as countries uninhabited, as is Cadiz their limit on the west; nay, indeed, they have sought for another habitable earth beyond the ocean, and have carried their arms as far as such British islands as were never known before. What therefore do you pretend to? Are you richer than the Gauls, stronger than the Germans, wiser than the Greeks, more numerous than all men upon the habitable earth? What confidence is it that elevates you to oppose the Romans? Perhaps it will be said, It is hard to endure slavery. Yes; but how much harder is this to the Greeks, who were esteemed the noblest of all people under the sun! These, though they inhabit in a large country, are in subjection to six bundles of Roman rods. It is the same case with the Macedonians, who have juster reason to claim their liberty than you have. What is the case of five hundred cities of Asia? Do they not submit to a single governor, and to the consular bundle of rods? What need I speak of the Henlochi, and Colchi and the nation of Tauri, those that inhabit the Bosphorus, and the nations about Pontus, and Meotis, who formerly knew not so much as a lord of their own, but are now subject to three thousand armed men, and where forty long ships keep the sea in peace, which before was not navigable, and very tempestuous? How strong a plea may Bithynia, and Cappadocia, and the people of Pamphylia, the Lycians, and Cilicians, put in for liberty! But they are made tributary without an army. What are the circumstances of the Thracians, whose country extends in breadth five days' journey, and in length seven, and is of a much more harsh constitution, and much more defensible, than yours, and by the rigor of its cold sufficient to keep off armies from attacking them? do not they submit to two thousand men of the Roman garrisons? Are not the Illyrlans, who inhabit the country adjoining, as far as Dalmatia and the Danube, governed by barely two legions? by which also they put a stop to the incursions of the Daeians. And for the Dalmatians, who have made such frequent insurrections in order to regain their liberty, and who could never before be so thoroughly subdued, but that they always gathered their forces together again, revolted, yet are they now very quiet under one Roman legion. Moreover, great advantages might provoke any people to revolt, the Gauls might do it best of all, as being so thoroughly walled round by nature; on the east side by the Alps, on the north by the river Rhine, on the south by the Pyrenean mountains, and on the west by the ocean. Now although these Gauls have such obstacles before them to prevent any attack upon them, and have no fewer than three hundred and five nations among them, nay have, as one may say, the fountains of domestic happiness within themselves, and send out plentiful streams of happiness over almost the whole world, these bear to be tributary to the Romans, and derive their prosperous condition from them; and they undergo this, not because they are of effeminate minds, or because they are of an ignoble stock, as having borne a war of eighty years in order to preserve their liberty; but by reason of the great regard they have to the power of the Romans, and their good fortune, which is of greater efficacy than their arms. These Gauls, therefore, are kept in servitude by twelve hundred soldiers, which are hardly so many as are their cities; nor hath the gold dug out of the mines of Spain been sufficient for the support of a war to preserve their liberty, nor could their vast distance from the Romans by land and by sea do it; nor could the martial tribes of the Lusitanians and Spaniards escape; no more could the ocean, with its tide, which yet was terrible to the ancient inhabitants. Nay, the Romans have extended their arms beyond the pillars of Hercules, and have walked among the clouds, upon the Pyrenean mountains, and have subdued these nations. And one legion is a sufficient guard for these people, although they were so hard to be conquered, and at a distance so remote from Rome. Who is there among you that hath not heard of the great number of the Germans? You have, to be sure, yourselves seen them to be strong and tall, and that frequently, since the Romans have them among their captives every where; yet these Germans, who dwell in an immense country, who have minds greater than their bodies, and a soul that despises death, and who are in rage more fierce than wild beasts, have the Rhine for the boundary of their enterprises, and are tamed by eight Roman legions. Such of them as were taken captive became their servants; and the rest of the entire nation were obliged to save themselves by flight. Do you also, who depend on the walls of Jerusalem, consider what a wall the Britons had; for the Romans sailed away to them, an subdued them while they were encompassed by the ocean, and inhabited an island that is not less than the [continent of this] habitable earth; and four legions are a sufficient guard to so large an island And why should I speak much more about this matter, while the Parthians, that most warlike body of men, and lords of so many nations, and encompassed with such mighty forces, send hostages to the Romans? whereby you may see, if you please, even in Italy, the noblest nation of the East, under the notion of peace, submitting to serve them. Now when almost all people under the sun submit to the Roman arms, will you be the only people that make war against them? and this without regarding the fate of the Carthaginians, who, in the midst of their brags of the great Hannibal, and the nobility of their Phoenician original, fell by the hand of Scipio. Nor indeed have the Cyrenians, derived from the Lacedemonians, nor the Marmaridite, a nation extended as far as the regions uninhabitable for want of water, nor have the Syrtes, a place terrible to such as barely hear it described, the Nasamons and Moors, and the immense multitude of the Numidians, been able to put a stop to the Roman valor. And as for the third part of the habitable earth, [Africa,] whose nations are so many that it is not easy to number them, and which is bounded by the Atlantic Sea and the pillars of Hercules, and feeds an innumerable multitude of Ethiopians, as far as the Red Sea, these have the Romans subdued entirely. And besides the annual fruits of the earth, which maintain the multitude of the Romans for eight months in the year, this, over and above, pays all sorts of tribute, and affords revenues suitable to the necessities of the government. Nor do they, like you, esteem such injunctions a disgrace to them, although they have but one Roman legion that abides among them. And indeed what occasion is there for showing you the power of the Romans over remote countries, when it is so easy to learn it from Egypt, in your neighborhood? This country is extended as far as the Ethiopians, and Arabia the Happy, and borders upon India; it hath seven millions five hundred thousand men, besides the inhabitants of Alexandria, as may be learned from the revenue of the poll tax; yet it is not ashamed to submit to the Roman government, although it hath Alexandria as a grand temptation to a revolt, by reason it is so full of people and of riches, and is besides exceeding large, its length being thirty furlongs, and its breadth no less than ten; and it pays more tribute to the Romans in one month than you do in a year; nay, besides what it pays in money, it sends corn to Rome that supports it for four months [in the year]: it is also walled round on all sides, either by almost impassable deserts, or seas that have no havens, or by rivers, or by lakes; yet have none of these things been found too strong for the Roman good fortune; however, two legions that lie in that city are a bridle both for the remoter parts of Egypt, and for the parts inhabited by the more noble Macedonians. Where then are those people whom you are to have for your auxiliaries? Must they come from the parts of the world that are uninhabited? for all that are in the habitable earth are [under the] Romans. Unless any of you extend his hopes as far as beyond the Euphrates, and suppose that those of your own nation that dwell in Adiabene will come to your assistance; but certainly these will not embarrass themselves with an unjustifiable war, nor, if they should follow such ill advice, will the Parthians permit them so to do; for it is their concern to maintain the truce that is between them and the Romans, and they will be supposed to break the covenants between them, if any under their government march against the Romans. What remains, therefore, is this, that you have recourse to Divine assistance; but this is already on the side of the Romans; for it is impossible that so vast an empire should be settled without God's providence. Reflect upon it, how impossible it is for your zealous observations of your religious customs to be here preserved, which are hard to be observed even when you fight with those whom you are able to conquer; and how can you then most of all hope for God's assistance, when, by being forced to transgress his law, you will make him turn his face from you? and if you do observe the custom of the sabbath days, and will not be revealed on to do any thing thereon, you will easily be taken, as were your forefathers by Pompey, who was the busiest in his siege on those days on which the besieged rested. But if in time of war you transgress the law of your country, I cannot tell on whose account you will afterward go to war; for your concern is but one, that you do nothing against any of your forefathers; and how will you call upon God to assist you, when you are voluntarily transgressing against his religion? Now all men that go to war do it either as depending on Divine or on human assistance; but since your going to war will cut off both those assistances, those that are for going to war choose evident destruction. What hinders you from slaying your children and wives with your own hands, and burning this most excellent native city of yours? for by this mad prank you will, however, escape the reproach of being beaten. But it were best, O my friends, it were best, while the vessel is still in the haven, to foresee the impending storm, and not to set sail out of the port into the middle of the hurricanes; for we justly pity those who fall into great misfortunes without fore-seeing them; but for him who rushes into manifest ruin, he gains reproaches [instead of commiseration]. But certainly no one can imagine that you can enter into a war as by agreement, or that when the Romans have got you under their power, they will use you with moderation, or will not rather, for an example to other nations, burn your holy city, and utterly destroy your whole nation; for those of you who shall survive the war will not be able to find a place whither to flee, since all men have the Romans for their lords already, or are afraid they shall have hereafter. Nay, indeed, the danger concerns not those Jews that dwell here only, but those of them which dwell in other cities also; for there is no people upon the habitable earth which have not some portion of you among them, whom your enemies will slay, in case you go to war, and on that account also; and so every city which hath Jews in it will be filled with slaughter for the sake of a few men, and they who slay them will be pardoned; but if that slaughter be not made by them, consider how wicked a thing it is to take arms against those that are so kind to you. Have pity, therefore, if not on your children and wives, yet upon this your metropolis, and its sacred walls; spare the temple, and preserve the holy house, with its holy furniture, for yourselves; for if the Romans get you under their power, they will no longer abstain from them, when their former abstinence shall have been so ungratefully requited. I call to witness your sanctuary, and the holy angels of God, and this country common to us all, that I have not kept back any thing that is for your preservation; and if you will follow that advice which you ought to do, you will have that peace which will be common to you and to me; but if you indulge four passions, you will run those hazards which I shall be free from."

But now his commanders and soldiers met in several companies, and consulted openly about changing the public affairs; and, out of their indignation, cried out, how "at Rome there are soldiers that live delicately, and when they have not ventured so much as to hear the fame of war, they ordain whom they please for our governors, and in hopes of gain make them emperors; while you, who have gone through so many labors, and are grown into years under your helmets, give leave to others to use such a power, when yet you have among yourselves one more worthy to rule than any whom they have set up. Now what juster opportunity shall they ever have of requiting their generals, if they do not make use of this that is now before them? while there is so much juster reasons for Vespasian's being emperor than for Vitellius; as they are themselves more deserving than those that made the other emperors; for that they have undergone as great wars as have the troops that come from Germany; nor are they inferior in war to those that have brought that tyrant to Rome, nor have they undergone smaller labors than they; for that neither will the Roman senate, nor people, bear such a lascivious emperor as Vitellius, if he be compared with their chaste Vespasian; nor will they endure a most barbarous tyrant, instead of a good governor, nor choose one that hath no child to preside over them, instead of him that is a father; because the advancement of men's own children to dignities is certainly the greatest security kings can have for themselves. Whether, therefore, we estimate the capacity of governing from the skill of a person in years, we ought to have Vespasian, or whether from the strength of a young man, we ought to have Titus; for by this means we shall have the advantage of both their ages, for that they will afford strength to those that shall be made emperors, they having already three legions, besides other auxiliaries from the neighboring kings, and will have further all the armies in the east to support them, as also those in Europe, so they as they are out of the distance and dread of Vitellius, besides such auxiliaries as they may have in Italy itself; that is, Vespasian's brother, and his other son [Domitian]; the one of whom will bring in a great many of those young men that are of dignity, while the other is intrusted with the government of the city, which office of his will be no small means of Vespasian's obtaining the government. Upon the whole, the case may be such, that if we ourselves make further delays, the senate may choose an emperor, whom the soldiers, who are the saviors of the empire, will have in contempt."

And now, after these arguments, and others of a similar kind, how can Celsus escape appearing in a ridiculous light, when he imagines that there never has been in the past, nor will be in the future, a greater or less number of evils? For although the nature of all things is one and the same, it does not at all follow that the production of evils is a constant quantity. For although the nature of a certain individual is one and the same, yet his mind, and his reason, and his actions, are not always alike: there being a time when he had not yet attained to reason; and another, when, with the possession of reason, he had become stained with wickedness, and when this increased to a greater or less degree; and again, a time when he devoted himself to virtue, and made greater or less progress therein, attaining sometimes the very summit of perfection, through longer or shorter periods of contemplation. In like manner, we may make the same assertion in a higher degree of the nature of the universe, that although it is one and the same in kind, yet neither do exactly the same things, nor yet things that are similar, occur in it; for we neither have invariably productive nor unproductive seasons, nor yet periods of continuous rain or of drought. And so in the same way, with regard to virtuous souls, there are neither appointed periods of fertility nor of barrenness; and the same is the case with the greater or less spread of evil. And those who desire to investigate all things to the best of their ability, must keep in view this estimate of evils, that their amount is not always the same, owing to the working of a Providence which either preserves earthly things, or purges them by means of floods and conflagrations; and effects this, perhaps, not merely with reference to things on earth, but also to the whole universe of things which stands in need of purification, when the wickedness that is in it has become great.

Celsus has not explained how error accompanies the “becoming,” or product of generation; nor has he expressed himself with sufficient clearness to enable us to compare his ideas with ours, and to pass judgment on them. But the prophets, who have given some wise suggestions on the subject of things produced by generation, tell us that a sacrifice for sin was offered even for new-born infants, as not being free from sin. They say, “I was shapen in iniquity, and in sin did my mother conceive me;” also, “They are estranged from the womb;” which is followed by the singular expression, “They go astray as soon as they are born, speaking lies.” Besides, our wise men have such a contempt for all sensible objects, that sometimes they speak of all material things as vanity: thus, “For the creature was made subject to vanity, not willingly, but by reason of him that subjected the same in hope;” at other times as vanity of vanities, “Vanity of vanities, saith the Preacher, all is vanity.” Who has given so severe an estimate of the life of the human soul here on earth, as he who says: “Verily every man at his best estate is altogether vanity?” He does not hesitate at all as to the difference between the present life of the soul and that which it is to lead hereafter. He does not say, “Who knows if to die is not to live, and if to live is not death?” But he boldly proclaims the truth, and says, “Our soul is bowed down to the dust;” and, “Thou hast brought me into the dust of death;” and similarly, “Who will deliver me from the body of this death?” also, “Who will change the body of our humiliation.” It is a prophet also who says, “Thou hast brought us down in a place of affliction;” meaning by the “place of affliction” this earthly region, to which Adam, that is to say, man, came after he was driven out of paradise for sin. Observe also how well the different life of the soul here and hereafter has been recognised by him who says, “Now we see in a glass, obscurely, but then face to face;” and, “Whilst we are in our home in the body, we are away from our home in the Lord;” wherefore “we are well content to go from our home in the body, and to come to our home with the Lord.”

If a pile of grain was stacked [on part of a field] from which gleanings had not yet been collected, whatever touches the ground belongs to the poor. If the wind scattered the sheaves, they estimate the amount of gleanings the field would have yielded and they give that to the poor. Rabban Shimon ben Gamaliel says: he must give to the poor the amount that would fall.

[If one says,] “Behold, I am a nazirite, as [long as it takes to get] from here to such and such a place,” we estimate the number of days [journey] from here to the place mentioned. If this is less than thirty days, he becomes a nazirite for thirty days; Otherwise he becomes a nazirite for that number of days.

[If a husband says], “This is your get if I die”, [or] “This is your get if I die from this illness”, [or] “This is your get after my death”, he has not said anything. [If he says, “This is your get] from today if I die”, [or “This is your get] from now if I die”, the get is valid. [If he says, “This is your get] from today and after [my] death”, it is both a get and not a get. If he dies [without offspring] she must perform halizah but she cannot marry the husband’s brother. [If he said], “This is your get from today if I die from this illness”, and he then got up and went about and fell sick and died, we estimate [the probable cause of his death]; if he died from the first illness, the get is valid, but otherwise not.

He who wounds his fellow is liable to compensate him on five counts: for injury, for pain, for healing, for loss of income and for indignity. ‘For injury’: How so? If he blinded his fellow’s eye, cut off his hand or broke his foot, [his fellow] is looked upon as if he was a slave to be sold in the market and they assess how much he was worth and how much he is worth. ‘For pain’? If he burned him with a spit or a nail, even though it was on his fingernail, a place where it leaves no wound, they estimate how much money such a man would be willing to take to suffer so. ‘Healing’? If he struck him he is liable to pay the cost of his healing. If sores arise on him on account of the blow, he is liable [for the cost of their healing]. If not on account of the blow, he is not liable. If the wound healed and then opened and healed and then opened, he is liable for the cost of the healing. If it healed completely, he is no longer liable to pay the cost of the healing. ‘Loss of income’: He is looked upon as a watchman of a cucumber field, since he already gave him compensation for the loss of his hand or foot. ‘Indignity’: All is according to the status of the one that inflicts indignity and the status of the one that suffers indignity. If a man inflicted indignity on a naked man, or a blind man, or a sleeping man, he is [still] liable. If a sleeping man inflicted indignity, he is exempt. If a man fell from the roof and caused injury and inflicted indignity, he is liable for the injury but not for the indignity, as it says, “And she puts forth her hand and grabs him by the private parts”, a man is liable only when he intended [to inflict indignity].

When they estimate the number of lashes he can stand it must be a number divisible by three. If they estimated him capable of receiving forty, and after receiving some they said he cannot receive forty, he is exempt [from the rest]. If they estimated him fit to receive eighteen, and after he was lashed they said he could receive forty, he is exempt [from the rest]. If he committed a transgression which violated two prohibitions and they made one estimate [for the lashes for both prohibitions], he is lashed and then exempt [from more]. And if [they had] not [made one estimate for both], he is lashed [for one transgression], is allowed to recover and then is lashed again.

When they estimate the number of lashes he can stand it must be a number divisible by three. If they estimated him capable of receiving forty, and after receiving some they said he cannot receive forty, he is exempt [from the rest]. If they estimated him fit to receive eighteen, and after he was lashed they said he could receive forty, he is exempt [from the rest]. If he committed a transgression which violated two prohibitions and they made one estimate [for the lashes for both prohibitions], he is lashed and then exempt [from more]. And if [they had] not [made one estimate for both], he is lashed [for one transgression], is allowed to recover and then is lashed again.

When they estimate the number of lashes he can stand it must be a number divisible by three. If they estimated him capable of receiving forty, and after receiving some they said he cannot receive forty, he is exempt [from the rest]. If they estimated him fit to receive eighteen, and after he was lashed they said he could receive forty, he is exempt [from the rest]. If he committed a transgression which violated two prohibitions and they made one estimate [for the lashes for both prohibitions], he is lashed and then exempt [from more]. And if [they had] not [made one estimate for both], he is lashed [for one transgression], is allowed to recover and then is lashed again.

[If one said] “The worth of my hand is upon me,” they estimate his worth with his hand and [what it would be] without his hand. In this respect vows of worth are more stringent than vows of value. There is an aspect of vows of value that is more stringent than vows of worth. How so? If one said: “My value is upon me” and then he dies, his heirs must pay it. [But if he said:] “My worth is upon me,” and then he dies, his heirs need not pay anything because dead persons have no worth. [If he said,] “The value of my hand or foot is upon me,” he has said nothing, [But if he said,] “The value of my head is upon me,” he must pay his whole value. This is the general rule: Anything upon which his life depends, he must pay his full value.

A man may proscribe his holy things, whether they are most holy things or less holy things. If [they had been] consecrated as a vow, he must give their value, if as a freewill-offering, he must give what it is worth to him. [If he said:] “Let this ox be an olah,” one estimates how much a man would pay for the ox to offer it as an olah, which he was not obliged [to offer]. A first-born, whether unblemished or blemished, may be proscribed. How can it be redeemed? They estimate what a man would give for this first-born in order to give it to the son of his daughter or to the son of his sister. Rabbi Ishmael says: one verse says, [All first-born males] you shall sanctify,” (Deuteronomy 15:19) and another verse says: [“The first-borns among beasts] no man shall sanctify it” (Leviticus 27:26). It is impossible to say: “You shall sanctify,” since it was said already: “No man shall sanctify,” and it is impossible to say: “No man shall sanctify,” since it is also said: “You shall sanctify”? Therefore resolve [thus]: you may sanctify it by consecrating its value [to the owner], but you may not sanctify it by consecrating it to the altar.

The egg of which they spoke it is one that is neither big nor small but of moderate size. Rabbi Judah says: the largest and the smallest must be brought and put in water and the displaced water is then divided. Rabbi Yose says: but who can tell me which is the largest and which is the smallest? Rather, it all depends on the observer's estimate.

That means (we judge) by those stars that are not usually seen during the day. But by those stars that are usually seen during the day we do not estimate. Rebbi Yose ben Rebbi Abun said: There must be three stars not counting Venus.

Rebbi Abin bar Ḥiyya investigated: The recitation of Shema‘ with its benedictions, it (the recitation of Shema‘) without its benedictions, its benedictions without it? If he interrupted after a third, interrupted after a second third? Does one estimate by the reader’s speed or by the average speed of all men? Rebbi Mattaniah said, it seems reasonable by the reader’s.

Moreover from the following: Rebbi Zeïra sent to ask Rebbi Alexander from Ẓedoqa, those Nicolaus dates from here, what you estimate about them, mostly from Gentiles or mostly from Jews? He said to him, we are not able to estimate about them.

Moreover from the following: Rebbi Zeïra sent to ask Rebbi Alexander from Ẓedoqa, those Nicolaus dates from here, what you estimate about them, mostly from Gentiles or mostly from Jews? He said to him, we are not able to estimate about them.

Does one estimate so for all kinds of pumpkins? Every place at which you made green melon and Egyptian beans equal to Greek gourd, you make Egyptian pumpkin equal to Greek gourd. Here, where you did not make melon and Egyptian beans equal to Greek gourd, you do not make Egyptian pumpkin equal to Greek gourd.

“If it increased by one twohundredth it is forbidden.” Those of the house of Rebbi Yannai estimate by purslain. How does one check? Rav Vivian in the name of Rebbi Ḥaninah: He takes one out and leaves one in [the ground]; what the first one is less, the other did increase.

Rebbi Eleazar ben Rebbi Simeon says, three in his right hand, three in his left hand, and three in his mouth. Since Rebbi Eleazar ben Rebbi Simeon was a glutton, he estimated so for himself. Rebbi Eleazar ben Rebbi Simeon went to his father-in-law Rebbi Simeon ben Rebbi Yose ben Laqonia who repeatedly mixed wine for him which he gulped down. He said to him, did you not hear from your father how one swallows from a cup? He said to him, one gulp if it is unmixed, two gulps [if mixed] with cold water, three with hot water. But the Sages did not estimate this with your wine which is good, or with your cup which is small, or with my belly which is large.

(In addition,) “if it increased by one twohundredth it is forbidden.” Those of the house of Rebbi Yannai estimate by purslain. How does one know? Rav Vivian in the name of Rebbi Ḥaninah: He takes one out and leaves one in [the ground]; what the first one is less, the other did increase.

Rebbi Abbahu in the name of Rebbi Joḥanan, all forbidden [food] is estimated as if it were onion, as if it were leeks. That is, anything usually estimated as if it were onion, as if it were leeks. Anything which is not usually estimated as if it were onion, as if it were leeks, how do you estimate it? How do you estimate cumin?

Rebbi Abbahu in the name of Rebbi Joḥanan, all forbidden [food] is estimated as if it were onion, as if it were leeks. That is, anything usually estimated as if it were onion, as if it were leeks. Anything which is not usually estimated as if it were onion, as if it were leeks, how do you estimate it? How do you estimate cumin?

Rebbi Mana did not say so but: Did not Rebbi Abbahu say in the name of Rebbi Eleazar, they taught this about sweeteners? Since sweeteners all taste the same, they are estimated as if they were onion, as if they were leeks. All other forbidden [foods], since they do not taste the same one does not estimate them as if they were onion, as if they were leeks. Cumin is a problem.

HALAKHAH: Paragraph. “Once they only entered the port,” etc. Rabban Gamliel had a telescope where he could estimate with his eyes in the plane. And why before nightfall? Even after nightfall; is this not Rabban Gamliel’s? Explain it if the port was larger than two bet se’ah, or the walls were not ten [hand-breadths] high but were not open wider than ten [cubits] nor what was standing was opposite what was standing and what was breached opposite the breached.

Rebbi Immi in the name of Rebbi Simeon ben Laqish: For ruling they went after the population of the Land of Israel; for impurity they went after a majority of those entering the Temple courtyard. Does one estimate according to all groups or does one estimate only for the first group? Rebbi Yose ben Rebbi Abun said, they have to estimate by themselves as long as they are outside. Rebbi Joshua ben Levi said, for appearance they went from Lavo-Hamat to the Brook of Egypt. Rebbi Tanḥuma in the name of Rebbi Ḥuna: The reason of Rebbi Joshua ben Levi, At that time Solomon made the pilgrimage holiday, and all of Israel with him, etc.

Rebbi Immi in the name of Rebbi Simeon ben Laqish: For ruling they went after the population of the Land of Israel; for impurity they went after a majority of those entering the Temple courtyard. Does one estimate according to all groups or does one estimate only for the first group? Rebbi Yose ben Rebbi Abun said, they have to estimate by themselves as long as they are outside. Rebbi Joshua ben Levi said, for appearance they went from Lavo-Hamat to the Brook of Egypt. Rebbi Tanḥuma in the name of Rebbi Ḥuna: The reason of Rebbi Joshua ben Levi, At that time Solomon made the pilgrimage holiday, and all of Israel with him, etc.

Rebbi Immi in the name of Rebbi Simeon ben Laqish: For ruling they went after the population of the Land of Israel; for impurity they went after a majority of those entering the Temple courtyard. Does one estimate according to all groups or does one estimate only for the first group? Rebbi Yose ben Rebbi Abun said, they have to estimate by themselves as long as they are outside. Rebbi Joshua ben Levi said, for appearance they went from Lavo-Hamat to the Brook of Egypt. Rebbi Tanḥuma in the name of Rebbi Ḥuna: The reason of Rebbi Joshua ben Levi, At that time Solomon made the pilgrimage holiday, and all of Israel with him, etc.

There, you are saying, his full handful, with his handful, and here you are saying, his full handful. Rebbi Jacob bar Aḥa, Rebbi Simon in the name of Rebbi Joshua ben Levi, since there a deficient handful is disqualified, here also a deficient handful is disqualified. Are his fists considered vessels of service to sanctify? May another person take the fistful and puts it in his fist? Should it be made to measure for his fists? Do you estimate for all possible fists or you estimate for his fist only? Rebbi Joshua ben Levi asked: If he took a fistful and died, may another person enter with his fistful? If you are saying that they did not consider his fists a vessel of service of the Sanctuary, this implies that another person may enter with his fistful; another person may take the fistful and put it in his fist; one makes to measure for his fists; one does not estimate for all possible fists. If you are saying that they considered his fists a vessel of service of the Sanctuary, this implies that another person may not enter with his fistful; another person may not take the fistful and put in his fist; one does not make to measure for his fists; one estimates for all possible fists.

There, you are saying, his full handful, with his handful, and here you are saying, his full handful. Rebbi Jacob bar Aḥa, Rebbi Simon in the name of Rebbi Joshua ben Levi, since there a deficient handful is disqualified, here also a deficient handful is disqualified. Are his fists considered vessels of service to sanctify? May another person take the fistful and puts it in his fist? Should it be made to measure for his fists? Do you estimate for all possible fists or you estimate for his fist only? Rebbi Joshua ben Levi asked: If he took a fistful and died, may another person enter with his fistful? If you are saying that they did not consider his fists a vessel of service of the Sanctuary, this implies that another person may enter with his fistful; another person may take the fistful and put it in his fist; one makes to measure for his fists; one does not estimate for all possible fists. If you are saying that they considered his fists a vessel of service of the Sanctuary, this implies that another person may not enter with his fistful; another person may not take the fistful and put in his fist; one does not make to measure for his fists; one estimates for all possible fists.

There, you are saying, his full handful, with his handful, and here you are saying, his full handful. Rebbi Jacob bar Aḥa, Rebbi Simon in the name of Rebbi Joshua ben Levi, since there a deficient handful is disqualified, here also a deficient handful is disqualified. Are his fists considered vessels of service to sanctify? May another person take the fistful and puts it in his fist? Should it be made to measure for his fists? Do you estimate for all possible fists or you estimate for his fist only? Rebbi Joshua ben Levi asked: If he took a fistful and died, may another person enter with his fistful? If you are saying that they did not consider his fists a vessel of service of the Sanctuary, this implies that another person may enter with his fistful; another person may take the fistful and put it in his fist; one makes to measure for his fists; one does not estimate for all possible fists. If you are saying that they considered his fists a vessel of service of the Sanctuary, this implies that another person may not enter with his fistful; another person may not take the fistful and put in his fist; one does not make to measure for his fists; one estimates for all possible fists.

Rebbi Mana said in the name of Rebbi Jehudah who said in the name of Rebbi Yose the Galilean: If one interrupted so that he would have been able to read all of it, he did not fulfill his duty. Rebbi Abba, Rav Jeremiah in the name of Rav: The practice follows Rebbi Mana who said in the name of Rebbi Jehudah who said in the name of Rebbi Yose the Galilean, “if one interrupted.”. Rebbi Joḥanan in the name of Rebbi Simeon ben Josadaq: The same applies to Hallel and the Esther Scroll. Abba bar Rav Huna and Rav Ḥisda sat together and said, the same rule applies to blowing the Shofar. They went up to (Rebbi’s) <rav’s> Yeshivah and heard Rav Ḥuna in the name of Rav: Even if one heard it in up to nine hours he fulfilled his obligation. Rebbi Ze`ira said: When I was there, this was a problem for me. When I came here, I heard Rebbi Yasa in the name of Rebbi Joḥanan: Even if one heard it during an entire day, one has fulfilled one’s obligation. But only if one heard it in the correct order. Rebbi Yose investigated: If one needed to hear the initial simple tone and another one the final simple tone, one blow of the Shofar serves the requirements of both of them. Rebbi Abun bar Ḥiyya investigated: The recitation of Shema` with its benedictions, the recitation of Shema` without its benedictions, its benedictions without it? If he interrupted after a third, interrupted after a second third? Does one estimate by the reader’s speed or by the average speed of all men? Rebbi Mattaniah said, is it not reasonable by the reader’s?

It was stated: Rebbi Jehudah bar Ilai says: Abba Ḥalaphta, Rebbi Eleazar ben Mattia, and Ḥanina bar Ḥakhinai stood on those stones and estimated that each one on them was a load of 40 seah. From here you can estimate how big was the bunch of grapes. It is written: “Each one should lift a stone on his shoulder.” One cannot compare one who lifts from the ground to his shoulder to one who lifts first from the ground to his knee and then from his knee to his shoulder. One cannot compare one who lifts first from the ground to his knee and then from his knee to his shoulder to one onto whom others hang [the load]. One cannot compare one onto whom others hang [the load] to [a load] carried by two. It is written: “One man per tribe.” In the opinion of Rebbi Aqiba who says these are expressions of additions, there were 24, sixteen for the grape bunch and eight for figs, pomegranates, and their belongings. In the opinion of Rebbi Simeon, who says there are double expressions, there were twelve, eight for the grape bunch and four for figs, pomegranates, and their belongings. In the opinion of Rebbi Ismael a beam; in the opinion of Rebbi Aqiba a beam and beams of beams.

MISHNAH: If she decided to bring him 1’000 denars, he decides as equivalent fifteen minas. Corresponding to estimates he decides one-fifth less. If it was appraised for a mina and it is worth a mina, he has only a mina. For the estimate of a mina she gives him 31 [tetradrachmas and one] denar. For 400 she gives 500, for what the groom decides, he decides one-fifth less.

MISHNAH: If she inherited money; real estate should be bought with it and he eats its yield. For produce cut from the ground, real estate should be bought and he eats its yield; with produce connected to the ground, Rebbi Meïr says one has to estimate how much the property is worth with produce and how much without, for the difference real estate should be bought and he eats its yield. But the Sages say, standing produce is his, cut it is hers; real estate should be bought from it and he eats its yield.

HALAKHAH: “If she inherited money; real estate should be bought,” etc. Rebbi Jeremiah said, this is Rebbi Meïr’s opinion since Rebbi Meïr considers standing [produce] as if it were cut. Rebbi Yose said, he did not hear that Rebbi Yose ben Ḥanina said, Rebbi Meïr said this only for standing grain ready to be harvested and grapes ready to be harvested; therefore not unripe produce. But here, even unripe produce. Rebbi Jeremiah asked, are not the arguments of Rebbi Meïr contradictory? There, he did not consider standing [produce] as if it were cut, but here he considers standing [produce] as if it were cut. Rebbi Joḥanan said, Rebbi Meïr does not consider standing [produce] as if it were cut. But if you see cut grain, you empower the woman; if you see an unseeded field, you empower the man. In case of doubt you estimate how much it is worth unseeded and how much seeded. If before it was seeded it was worth (two denars) and when it was seeded (one denar), with that denar real estate should be bought and he reaps its yield.

MISHNAH: If his brother left money, real estate should be bought with it and he eats its yield. For produce cut from the ground, real estate should be bought and he eats its yield; connected to the ground, Rebbi Meïr says one has to estimate how much it is worth with produce and how much without, for the difference real estate should be bought and he eats its yield. But the Sages say, standing produce is his, cut it is up for grabs. If he took possession first, it is his; if she took possession first, real estate should be bought for the proceeds and he eats its yield. If he married her, she is his wife in every respect except that her ketubah is a lien on the property of her first husband.

“And one announces mornings and evenings,” at the time when [agricultural] workers go out or come back, and he mentions the field and its description. Rebbi Yose said, if they do not get their estimated price, they can conclude the sale. Is that the Mishnah, “if the judges estimated one sixth too little or too much, their sale is invalid”? Becausethey sold too low or too high, but if they found their estimate they close the deal. Rebbi Ḥananiah said before Rebbi Mana: What can you say, we deal with the case that they did not announce in public! From what is said afterwards: “Except if they offered public tender.” What is public tender? Rebbi Jehudah bar Pazi said, announcement.

Any expressions can be used for valuation except the expression “money’s worth”. Any expressions can be used for money’s worth except the expression “valuation.” If he said about a human, “I shall pay his cost, I shall pay his settlement, I shall pay his estimate, I shall pay his valuation,” he has to pay his valuation. “I shall pay his money’s worth,” he has to pay his money’s worth. “Estimate” is used as an expression both for valuation and money’s worth. A human has both valuation and money’s worth. If he said about a human, “I shall pay his estimate,” if he was good looking, he pays his money’s worth; if he was ugly, he pays his valuation.

Any expressions can be used for valuation except the expression “money’s worth”. Any expressions can be used for money’s worth except the expression “valuation.” If he said about a human, “I shall pay his cost, I shall pay his settlement, I shall pay his estimate, I shall pay his valuation,” he has to pay his valuation. “I shall pay his money’s worth,” he has to pay his money’s worth. “Estimate” is used as an expression both for valuation and money’s worth. A human has both valuation and money’s worth. If he said about a human, “I shall pay his estimate,” if he was good looking, he pays his money’s worth; if he was ugly, he pays his valuation.

Any expressions can be used for valuation except the expression “money’s worth”. Any expressions can be used for money’s worth except the expression “valuation.” If he said about a human, “I shall pay his cost, I shall pay his settlement, I shall pay his estimate, I shall pay his valuation,” he has to pay his valuation. “I shall pay his money’s worth,” he has to pay his money’s worth. “Estimate” is used as an expression both for valuation and money’s worth. A human has both valuation and money’s worth. If he said about a human, “I shall pay his estimate,” if he was good looking, he pays his money’s worth; if he was ugly, he pays his valuation.

HALAKHAH: So is the Mishnah: Rebbi Neḥemia declares him not prosecutable but the Sages declare him guilty since it is not unsubstantiated. The Sages say, two estimations have precedence over one estimation; Rebbi Neḥemiah says, the intermediate estimation has precedence over the two. What is Rebbi Neḥemiah’s reason? “ ‘If he gets up and walks outside on his cane, the attacker is exonerated.’ Could you think that this one walks in the market and the other is executed because of him? But even if he died according to the first estimation he cannot be prosecuted.” What is the rabbi’s reason? “If he does not die but is bedridden.” Would we not know that even if he does not die that he will be bedridden? But if they estimated that he would die. If they estimated that he would die, that is what is written: “If he gets up and walks outside on his cane.” Therefore, if he does not get up, [the attacker] is guilty. But if they did not estimate that he would die? If they did not estimate that he would die, that is what is written: “But he has to pay for his disability.” Rebbi Ila in the name of Rebbi Simeon ben Laqish: It is an extraordinary decree of Scripture that he has to pay. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: It was an erroneous estimation. What is the difference between them? If his state improved. For him who says, it is an extraordinary decree of Scripture that he has to pay; if he paid, he paid. If he did not pay, the verse makes him pay. A baraita supports one and a baraita supports the other. A baraita supports Rebbi Yose ben Ḥanina: If they estimated that he would die, when does he have to pay him? From the moment he improves. For him who says, it was an erroneous estimation; if he did not pay one does not order him to pay. If he paid, can he take it back? This supports Rebbi Simeon ben Laqish: If they estimated that he would live but he died. From when does one have to pay him? From the moment he turns worse. Rebbi Yose said, it does not say here, “from the moment he turns worse” but “from the moment he turns better.”

HALAKHAH: So is the Mishnah: Rebbi Neḥemia declares him not prosecutable but the Sages declare him guilty since it is not unsubstantiated. The Sages say, two estimations have precedence over one estimation; Rebbi Neḥemiah says, the intermediate estimation has precedence over the two. What is Rebbi Neḥemiah’s reason? “ ‘If he gets up and walks outside on his cane, the attacker is exonerated.’ Could you think that this one walks in the market and the other is executed because of him? But even if he died according to the first estimation he cannot be prosecuted.” What is the rabbi’s reason? “If he does not die but is bedridden.” Would we not know that even if he does not die that he will be bedridden? But if they estimated that he would die. If they estimated that he would die, that is what is written: “If he gets up and walks outside on his cane.” Therefore, if he does not get up, [the attacker] is guilty. But if they did not estimate that he would die? If they did not estimate that he would die, that is what is written: “But he has to pay for his disability.” Rebbi Ila in the name of Rebbi Simeon ben Laqish: It is an extraordinary decree of Scripture that he has to pay. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: It was an erroneous estimation. What is the difference between them? If his state improved. For him who says, it is an extraordinary decree of Scripture that he has to pay; if he paid, he paid. If he did not pay, the verse makes him pay. A baraita supports one and a baraita supports the other. A baraita supports Rebbi Yose ben Ḥanina: If they estimated that he would die, when does he have to pay him? From the moment he improves. For him who says, it was an erroneous estimation; if he did not pay one does not order him to pay. If he paid, can he take it back? This supports Rebbi Simeon ben Laqish: If they estimated that he would live but he died. From when does one have to pay him? From the moment he turns worse. Rebbi Yose said, it does not say here, “from the moment he turns worse” but “from the moment he turns better.”

” ‘For creditors, average quality,’ because of tricksters. That a man should not see a desirable field in his neighbor’s hand, lend him money, and contrives to take it from him. Then one should estimate only from the least quality! Rebbi Jehudah said, that is correct; but not to lock the door before people needing to borrow. For tomorrow he may need to borrow and does not find [a lender.]”

HALAKHAH: “If he wrote two bills of divorce side by side,” etc. “It is invalid if the witnesses are separated from the text by the width of two lines; less than that it is valid”. Simeon bar Abba in the name of Rebbi Joḥanan: An empty space of two lines in a text about one subject makes invalid in any case. Rebbi Samuel bar Rav Isaac said: The Mishnah says so: “One Hebrew- and one Greek-writing witness are under each of them, reaching from one column to the other, are all invalid.” Is not Hebrew combined with Greek one item? Rebbi Mana said, if he started at the end of the second line and ended at the fourth line, it is valid. “How far from the text should the witnesses sign? That they can be read with it, the words of Rebbi. Rebbi Simeon ben Eleazar says, one full line. Rebbi Dositheos ben Yannai says, the width of the witnesses’ handwriting.” What kind of writing does one use to estimate? Rebbi Yasa ben Rebbi Sabbatai says, the width of the witnesses’ handwriting. Rebbi Abbahu in the name of Rebbi Isaac ben Ḥaqula: Corresponding to לך ולך. Rebbi Jeremiah asked before Rebbi Ze‘ira: Does the signature of Yose ben Yannai have equal weight with the signature of Shaul ben Barukh? He said to him: For that it is needed, that the signature of Yose ben Yannai has equal weight with the signature of Shaul ben Barukh.

Rav Jehudah in the name of Samuel: One estimates neither for the thief nor for the robber nor for the borrower but only for damages, and I am saying that even for the borrower one does not estimate, and Abba agrees with me. Who is Abba? Rebbi or Rabba bar Abuha. Rav Ḥisda said, this treats the main event as an accessory. There came Rav Jehudah in the name of Samuel: One estimates neither for the thief nor for the robber nor for the borrower but only for damages, and watchmen fall under the rules of damages.

Rav Jehudah sent and asked Rebbi Eleazar: Does one estimate for the extortionist, the thief, and the robber? He anwered him: one estimates neither for the thief nor for the robber. From where that one does not estimate for them? Rebbi Abba bar Mamal said, “alive, he shall pay double;” alive, not dead. That refers to theft; from where for robbery? Rebbi Abin said, “he shall return the robbed object in the state in which he robbed it.”

Rav Jehudah sent and asked Rebbi Eleazar: Does one estimate for the extortionist, the thief, and the robber? He anwered him: one estimates neither for the thief nor for the robber. From where that one does not estimate for them? Rebbi Abba bar Mamal said, “alive, he shall pay double;” alive, not dead. That refers to theft; from where for robbery? Rebbi Abin said, “he shall return the robbed object in the state in which he robbed it.”

It was stated: “One does not estimate a bet kor because it would diminish, nor a bet qab because it would inflate. But one estimates a bet se’ah of the field in question, how much it was worth and how much is it worth now. Rebbi Jehudah said, when? If it ate shoots of the fig tree or plucked shoots of vines. But if it ate unripe grapes or unripe figs, one estimates them as fully grown fruits. Rebbi Jehudah said in the name of Rebbi Aqiba: If it ate fully grown produce, he pays for fully grown produce, [fruits of] trees, one estimates trees for him. Trees one estimates by the bet se’ah. Rebbi Simeon ben Jehudah said in the name of Rebbi Aqiba: Produce not yet one-third ripe is estimated under the rules of trees.” In the House of Rebbi Yannai they said, one estimates a three-qab in sixty three-qabs. Rebbi Yose ben Rebbi Ḥanina said, one estimates a stalk in sixty stalks.

A person stole a hard date. The case came before Samuel who said to him, go and estimate for him at the top of the date palm. Rebbi Yose ben Rebbi Abun said, it was a preserve of unripe dates.

“If one accepts an animal for care from another person, how long does he have to care for it? Symmachos says, small asses twelve months, adult donkeys 24 months. If he terminates the care in the middle of the term, one estimates for him; after the term one does not estimate for him, but care for one year is not comparable to two years.”

“When was this said? Before they started. But if he accepted to harvest a field for two tetradrachmas, harvested half and left half uncut, a garment to weave for two tetradrachmas, wove half and left half unwoven, one estimates for him. How does one estimate what he did? If what he did was worth six denar, he gives him a sela‘ or he has to finish his work. If it was worth a tetradrachma he gives him a tetradrachma; Rebbi Dosa says, one estimates what remains to be done. If what remains to be done was worth three denar, he gives him a šeqel or he has to finish his work. If it was a šeqel, he gives him a šeqel.” Rebbi Ze‘ira in the name of Rav Ḥuna, Rebbi Bina, Rebbi Jeremiah in the name of Rav: practice follows Rebbi Dosa.

MISHNAH: If somebody say to another: I am selling you half a field, they estimate in common and he takes half of his field. Its Southern part I am selling to you, they estimate in common and he takes the Southern half. He has to accept the place of the wall, the trench or the small trench. How much is a trench? Six handbreadths. And the small trench, three.

MISHNAH: If somebody say to another: I am selling you half a field, they estimate in common and he takes half of his field. Its Southern part I am selling to you, they estimate in common and he takes the Southern half. He has to accept the place of the wall, the trench or the small trench. How much is a trench? Six handbreadths. And the small trench, three.

HALAKHAH: “If somebody injures another person,” etc. So is the Mishnah: “Rebbi Neḥemiah declares him not [criminally] liable but the Sages declare him [criminally] liable since it is not unsubstantiated.” The Sages say, two estimations have precedence over one estimation; Rebbi Neḥemiah says, the intermediate estimation has precedence over the two. What is Rebbi Neḥemiah’s reason? If he gets up and walks outside on his cane, the attacker is exonerated. Could you think that this one walks in the market and the other one is executed because of him? But even if he dies according to the first estimation, he cannot be prosecuted. What is the rabbi’s reason? If he does not die but is bedridden. Would we not know that even if he does not die that he will be bedridden? But if they did not estimate that he would die. If they did not estimate that he would die, that is what is written: If he gets up and walks outside on his cane, the attacker is exonerated. Therefore, if he does not get up, [the attacker] is [criminally] liable. But if they estimated that he would die? If they estimated that he would die, that is what is written: But he has to pay for his disability and the medical costs. Rebbi Hila in the name of Rebbi Simeon ben Laqish: It is an extraordinary decree of Scripture that he has to pay. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: It was an erroneous estimation. What is the difference between them? “But he got better and only afterwards deteriorated and died; he is [criminally] liable. Rebbi Neḥemiah declares him not liable since it is not unsubstantiated.” For him who said, it is an extraordinary decree of Scripture that he has to pay; if he paid, he paid. If he did not pay, does he have to pay? For him who said, it was an erroneous estimation; if he did not pay, one does not order him to pay. If he paid, can he take it back? A baraita supports one and a baraita supports the other. A baraita supports Rebbi Yose bar Ḥanina: If they estimated that he would live but he died, from when does one count for him? From the moment he turns worse. This implies that the estimate was wrong. If you would say, it is an extraordinary decree of Scripture that he has to pay, he should pay from the first moment. A baraita supports Rebbi Simeon ben Laqish: If they estimated that he would die but he lived, from when does one count for him? From the moment he turns worse. Rebbi Yose said, it does not say here “from the moment he turns worse” but “from the moment he turns better.” That means, it is an extraordinary decree of Scripture that he has to pay. But if you say, it was an erroneous estimation, he has to pay until [the victim] dies.

HALAKHAH: “If somebody injures another person,” etc. So is the Mishnah: “Rebbi Neḥemiah declares him not [criminally] liable but the Sages declare him [criminally] liable since it is not unsubstantiated.” The Sages say, two estimations have precedence over one estimation; Rebbi Neḥemiah says, the intermediate estimation has precedence over the two. What is Rebbi Neḥemiah’s reason? If he gets up and walks outside on his cane, the attacker is exonerated. Could you think that this one walks in the market and the other one is executed because of him? But even if he dies according to the first estimation, he cannot be prosecuted. What is the rabbi’s reason? If he does not die but is bedridden. Would we not know that even if he does not die that he will be bedridden? But if they did not estimate that he would die. If they did not estimate that he would die, that is what is written: If he gets up and walks outside on his cane, the attacker is exonerated. Therefore, if he does not get up, [the attacker] is [criminally] liable. But if they estimated that he would die? If they estimated that he would die, that is what is written: But he has to pay for his disability and the medical costs. Rebbi Hila in the name of Rebbi Simeon ben Laqish: It is an extraordinary decree of Scripture that he has to pay. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: It was an erroneous estimation. What is the difference between them? “But he got better and only afterwards deteriorated and died; he is [criminally] liable. Rebbi Neḥemiah declares him not liable since it is not unsubstantiated.” For him who said, it is an extraordinary decree of Scripture that he has to pay; if he paid, he paid. If he did not pay, does he have to pay? For him who said, it was an erroneous estimation; if he did not pay, one does not order him to pay. If he paid, can he take it back? A baraita supports one and a baraita supports the other. A baraita supports Rebbi Yose bar Ḥanina: If they estimated that he would live but he died, from when does one count for him? From the moment he turns worse. This implies that the estimate was wrong. If you would say, it is an extraordinary decree of Scripture that he has to pay, he should pay from the first moment. A baraita supports Rebbi Simeon ben Laqish: If they estimated that he would die but he lived, from when does one count for him? From the moment he turns worse. Rebbi Yose said, it does not say here “from the moment he turns worse” but “from the moment he turns better.” That means, it is an extraordinary decree of Scripture that he has to pay. But if you say, it was an erroneous estimation, he has to pay until [the victim] dies.

HALAKHAH: “If somebody injures another person,” etc. So is the Mishnah: “Rebbi Neḥemiah declares him not [criminally] liable but the Sages declare him [criminally] liable since it is not unsubstantiated.” The Sages say, two estimations have precedence over one estimation; Rebbi Neḥemiah says, the intermediate estimation has precedence over the two. What is Rebbi Neḥemiah’s reason? If he gets up and walks outside on his cane, the attacker is exonerated. Could you think that this one walks in the market and the other one is executed because of him? But even if he dies according to the first estimation, he cannot be prosecuted. What is the rabbi’s reason? If he does not die but is bedridden. Would we not know that even if he does not die that he will be bedridden? But if they did not estimate that he would die. If they did not estimate that he would die, that is what is written: If he gets up and walks outside on his cane, the attacker is exonerated. Therefore, if he does not get up, [the attacker] is [criminally] liable. But if they estimated that he would die? If they estimated that he would die, that is what is written: But he has to pay for his disability and the medical costs. Rebbi Hila in the name of Rebbi Simeon ben Laqish: It is an extraordinary decree of Scripture that he has to pay. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: It was an erroneous estimation. What is the difference between them? “But he got better and only afterwards deteriorated and died; he is [criminally] liable. Rebbi Neḥemiah declares him not liable since it is not unsubstantiated.” For him who said, it is an extraordinary decree of Scripture that he has to pay; if he paid, he paid. If he did not pay, does he have to pay? For him who said, it was an erroneous estimation; if he did not pay, one does not order him to pay. If he paid, can he take it back? A baraita supports one and a baraita supports the other. A baraita supports Rebbi Yose bar Ḥanina: If they estimated that he would live but he died, from when does one count for him? From the moment he turns worse. This implies that the estimate was wrong. If you would say, it is an extraordinary decree of Scripture that he has to pay, he should pay from the first moment. A baraita supports Rebbi Simeon ben Laqish: If they estimated that he would die but he lived, from when does one count for him? From the moment he turns worse. Rebbi Yose said, it does not say here “from the moment he turns worse” but “from the moment he turns better.” That means, it is an extraordinary decree of Scripture that he has to pay. But if you say, it was an erroneous estimation, he has to pay until [the victim] dies.

Rebbi Immi in the name of Rebbi Simeon ben Laqish. For instructions they considered the settlement of the Land of Israel. For impurity they considered the majority of those coming to the Temple precinct. How? Do they estimate every group or only the first group? Rebbi Yose ben Rebbi Abun said, when they are still outside they estimate themselves. Rebbi Joshua ben Levi: For appearance they consider from Levo- Ḥamat to the brook of Egypt. Rebbi Tanḥuma in the name of Rebbi Ḥuna: The reason of Rebbi Joshua ben Levi is, at that time Solomon celebrated the holiday, and all of Israel, etc.

Rebbi Immi in the name of Rebbi Simeon ben Laqish. For instructions they considered the settlement of the Land of Israel. For impurity they considered the majority of those coming to the Temple precinct. How? Do they estimate every group or only the first group? Rebbi Yose ben Rebbi Abun said, when they are still outside they estimate themselves. Rebbi Joshua ben Levi: For appearance they consider from Levo- Ḥamat to the brook of Egypt. Rebbi Tanḥuma in the name of Rebbi Ḥuna: The reason of Rebbi Joshua ben Levi is, at that time Solomon celebrated the holiday, and all of Israel, etc.

"And she said to her husband. Behold now, I perceive that this is a holy man of God" (II Kings iv. 9). R. Jose b. R. Hannina said : From here [we learn] that a woman can better estimate [the character of] a guest than a man.

R. Abbahu said: It refers to one who says, "My monetary [value] be upon me" as it has been taught: "One who says, My monetary [value] be upon me, we estimate his value as we would that of a slave." And a slave is compared to property, as it is written, "And you shall pass them down as an inheritance for your children after you, to hold for a possession" (Leviticus 25:46).