estimated

When Esdras had received this epistle, he was very joyful, and began to worship God, and confessed that he had been the cause of the king's great favor to him, and that for the same reason he gave all the thanks to God. So he read the epistle at Babylon to those Jews that were there; but he kept the epistle itself, and sent a copy of it to all those of his own nation that were in Media. And when these Jews had understood what piety the king had towards God, and what kindness he had for Esdras, they were all greatly pleased; nay, many of them took their effects with them, and came to Babylon, as very desirous of going down to Jerusalem; but then the entire body of the people of Israel remained in that country; wherefore there are but two tribes in Asia and Europe subject to the Iomans, while the ten tribes are beyond Euphrates till now, and are an immense multitude, and not to be estimated by numbers. Now there came a great number of priests, and Levites, and porters, and sacred singers, and sacred servants to Esdras. So he gathered those that were in the captivity together beyond Euphrates, and staid there three days, and ordained a fast for them, that they might make their prayers to God for their preservation, that they might suffer no misfortunes by the way, either from their enemies, or from any other ill accident; for Esdras had said beforehand that he had told the king how God would preserve them, and so he had not thought fit to request that he would send horsemen to conduct them. So when they had finished their prayers, they removed from Euphrates on the twelfth day of the first month of the seventh year of the reign of Xerxes, and they came to Jerusalem on the fifth month of the same year. Now Esdras presented the sacred money to the treasurers, who were of the family of the priests, of silver six hundred and fifty talents, vessels of silver one hundred talents, vessels of gold twenty talents, vessels of brass, that was more precious than gold, twelve talents by weight; for these Presents had been made by the king and his counselors, and by all the Israelites that staid at Babylon. So when Esdras had delivered these things to the priests, he gave to God, as the appointed sacrifices of whole burnt-offerings, twelve bulls on account of the common preservation of the people, ninety rams, seventy-two lambs, and twelve kids of the goats, for the remission of sins. He also delivered the king's epistle to the king's officers, and to the governors of Celesyria and Phoenicia; and as they were under a necessity of doing what was enjoined by him, they honored our nation, and were assistant to them in all their necessities.

About this time it was that Cæsarea Sebaste, which he had built, was finished. The entire building being accomplished: in the tenth year, the solemnity of it fell into the twenty-eighth year of Herod's reign, and into the hundred and ninety-second olympiad. There was accordingly a great festival and most sumptuous preparations made presently, in order to its dedication; for he had appointed a contention in music, and games to be performed naked. He had also gotten ready a great number of those that fight single combats, and of beasts for the like purpose; horse races also, and the most chargeable of such sports and shows as used to be exhibited at Rome, and in other places. He consecrated this combat to Cæsar, and ordered it to be celebrated every fifth year. He also sent all sorts of ornaments for it out of his own furniture, that it might want nothing to make it decent; nay, Julia, Cæsar's wife, sent a great part of her most valuable furniture [from Rome], insomuch that he had no want of any thing. The sum of them all was estimated at five hundred talents. Now when a great multitude was come to that city to see the shows, as well as the ambassadors whom other people sent, on account of the benefits they had received from Herod, he entertained them all in the public inns, and at public tables, and with perpetual feasts; this solemnity having in the day time the diversions of the fights, and in the night time such merry meetings as cost vast sums of money, and publicly demonstrated the generosity of his soul; for in all his undertakings he was ambitious to exhibit what exceeded whatsoever had been done before of the same kind. And it is related that Cæsar and Agrippa often said, that the dominions of Herod were too little for the greatness of his soul; for that he deserved to have both all the kingdom of Syria, and that of Egypt also.

Moreover, Tiberius sent a letter to Vitellius, and commanded him to make a league of friendship with Artabanus, the king of Parthia; for while he was his enemy, he terrified him, because he had taken Armenia away from him, lest he should proceed further, and told him he should no otherwise trust him than upon his giving him hostages, and especially his son Artabanus. Upon Tiberius's writing thus to Vitellius, by the offer of great presents of money, he persuaded both the king of Iberia and the king of Albania to make no delay, but to fight against Artabanus; and although they would not do it themselves, yet did they give the Scythians a passage through their country, and opened the Caspian gates to them, and brought them upon Artabanus. So Armenia was again taken from the Parthians, and the country of Parthia was filled with war, and the principal of their men were slain, and all things were in disorder among them: the king's son also himself fell in these wars, together with many ten thousands of his army. Vitellius had also sent such great sums of money to Artabanus's father's kinsmen and friends, that he had almost procured him to be slain by the means of those bribes which they had taken. And when Artabanus perceived that the plot laid against him was not to be avoided, because it was laid by the principal men, and those a great many in number, and that it would certainly take effect,—when he had estimated the number of those that were truly faithful to him, as also of those who were already corrupted, but were deceitful in the kindness they professed to him, and were likely, upon trial, to go over to his enemies, he made his escape to the upper provinces, where he afterwards raised a great army out of the Dahae and Sacre, and fought with his enemies, and retained his principality.

Maaser sheni may be redeemed at the lower market price: At the price at which the shopkeeper buys and not at which he sells. At the price at which the money-changer takes small change and not at the price at which he gives small change. Maaser sheni may not be redeemed in an estimated lump. If its value is known, it may be redeemed according to the evaluation of one. But if its value is not known, it must be redeemed according to the evaluation of three, as for instance in the case of wine which has formed a film, or produce which has begun to rot, or coins which have become rusty.

How is [the compensation that is paid for] embarrassment [reckoned]? It all depends on the status of the offender and the offended. How is [the compensation that is paid for] blemish [reckoned]? She is regarded as if she were a slave to be sold in the market place [and it is estimated] how much she was worth then and how much she is worth now. The fine is the same for all. And any sum that is fixed in the Torah remains the same for all.

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.

Clarification. Rebbi Abbahu, Rebbi Yose ben Ḥanina, and Rebbi Simeon ben Laqish passed by the orchard of Doron. The sharecropper brought them one peach; they and their donkeys ate from it and left some over. They estimated it to be like a dish from Kefar Ḥananiah that contains a seah of lentils. After a time they passed by there, he brought them two or three peaches in one hand. They said to him, we would like some from that tree. He said to them, they are from it. On that, they quoted (Ps. 107:34): “A fruit-bearing land into salt flats, because of the evil of its inhabitants.”

“Seven seas surround the Land of Israel: The ocean, lake Tiberias, lake Samkho, the salt sea, lake Ḥolata, lake Sheliat, lake Apamea.” But does there not also exist the lake of Ḥomṣ? Diocletian dammed up rivers and created it. It is written (Num. 21:20): “Looking down on the desert.” Rebbi Ḥiyya from Biria said, if one ascends the desert mountain one finds the likeness of a sieve in lake Tiberias, that is the well of Miryam. Rebbi Joḥanan said, the rabbis estimated it and it is assessed opposite the middle gate of the old synagogue of Sarongin.

The rabbis of Caesarea asked: The saying of Rebbi Abbahu in the name of Rebbi Joḥanan, that all forbidden [food] is estimated as if it were onion, as if it were leeks, does this contradict Rebbi Jehudah? Rebbi Jehudah will agree regarding an onion of the Temple or an onion of idol worship.

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.

“If fish is cooked with Second Tithe leeks which increases its value, the increase is proportional.” Rebbi Hoshaia said, it follows Rebbi Jehudah, since we have stated: “Rebbi Jehudah permits in anchovies where it only serves to remove pollutants.” The rabbis of Caesarea asked: The saying of Rebbi Abbahu in the name of Rebbi Joḥanan, that all forbidden [food] is estimated as if it were onion, as if it were leeks, does this contradict Rebbi Jehudah? Rebbi Jehudah will agree regarding an onion of the Temple or an onion of idol worship.

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 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 Yudan said, did not Rebbi Abbahu say in the name of Rebbi Eleazar, they taught this about sweeteners? Since sweeteners usually are estimated as if they were onion or leeks, one estimates them as if they were onion or leeks. All other forbidden [foods], since they are not usually estimated as if they were onion or leeks one estimates in their kinds. Cumin one estimates by its kind.

Rebbi Yudan said, did not Rebbi Abbahu say in the name of Rebbi Eleazar, they taught this about sweeteners? Since sweeteners usually are estimated as if they were onion or leeks, one estimates them as if they were onion or leeks. All other forbidden [foods], since they are not usually estimated as if they were onion or leeks one estimates in their kinds. Cumin one estimates by its kind.

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: Mishnah. “One does not kindle with any wood product but flax,” etc. Rebbi Simeon bar Rav Isaac said it is written: to raise permanent light. They estimated to say that nothing makes a flame like flax. It was stated: “Rebbi Simeon ben Eleazar said, no wood product is subject to the three-by-three rule except flax and one may use it as roofing, except flax.” Rebbi Yose said, they made it like coarse or soft, as we have stated: “the coarse and the soft are not subject to the three-by-three rule.” Rebbi Eleazar said, they learned it from the Tabernacle as it is written, the Sanctuary you shall make ten gobelins, twilled byssus; and it is written, linen turbansshall be on their heads. You learn byssus from byssus, and byssus from turbans, and turbans from turbans.

HALAKHAH: Paragraph. They estimated (the place of) what a person uses is two se’ah and four cubits absorb two se’ah. If the sump sprung a hole, there are Tannaïm who state that one does not have to plug; there are Tannaïm who state that one has to plug. If the sump was full, there are Tannaïm who state that one has to empty, there are Tannaïm who state that one does not have to. Rebbi Mana said, it is one Tanna. He who says that one has to plug forbids to pour out, he who says that one does not have to plug permits to pour out. Rehhi Ḥiyya bar Marius said to Rebbi Mana: So said your father Rebbi Jonah, thinking about it: If it is sloping inside, even more than ten is permitted; outside even less than ten is permitted. What we are dealing with if it is level.

They wanted to say, in the rabbi’s opinion it is not clear; in Rabban Gamliel’s opinion it is clear. Rebbi Jeremiah said in the name of Rebbi Samuel: They estimated to say, up to the place where it can be placed on the top of the head. For how many is there space? Two. Then even on weekdays? Rebbi Ḥaggai said, if he wants to put there, he puts. Rebbi Zeriqa said, Rav Hamnuna explained to me, up to the place where the baby’s brain is soft. There we have stated: “About a chicken which was stoned in Jerusalem because it had killed a person.” It saw that the skull of the baby was soft; it went and picked it.

HALAKHAH: It was stated: From the worn-out trousers of the High Priest they lit the inner lights, and from the worn-out trousers of common priests they lit the outer lights. Rebbi Samuel bar Rav Isaac said, it is written, to elevate the permanent light. They estimated to say that nothing produces a flare but flax.

“Water”, I could think it should look like water. The verse says, “dust”. Or “dust”, I could think it should look like ink. The verse says, “water”. How is that? The looks of water and the looks of dust. The Sages estimated half a log of water from the wash basin. But did we not state: “Rebbi Jehudah says, a quarter [log]”. Rebbi Jehudah follows his particular way, as we have stated: “Just as he shortens the writing so he decreases the amount of water.”

Three things have to be executed in the name [of the woman]. “He shall write for her.” “He shall execute for her.” “Or manumission was not given to her.” Three things have to be seen: The ashes of the cow, the dust of the suspected wife, and the spittle of the sister-in-law. Rebbi Ismael stated: Also the blood of the bird for the sufferer from skin disease. Rebbi Ze‘ira said, the Sages estimated that the blood of a small bird becomes negligible in a quarter [log] and the blood of a large bird does not render a quarter [log of water] negligible. As it was stated: “In the blood”, should that be only blood? The verse says, “fresh water”. If fresh water, should that be all fresh water? The verse says, “in the blood”. How is this? Fresh water in which the bird’s blood is recognizable. The Sages estimated, a quarter [log]. Rebbi Pedat in the name of Rebbi Joḥanan: The water of a suspected wife becomes disqualified by staying overnight. Rebbi Aḥa in the name of Rebbi Abina: Nothing of which the altar has no part becomes disqualified by staying overnight.

Three things have to be executed in the name [of the woman]. “He shall write for her.” “He shall execute for her.” “Or manumission was not given to her.” Three things have to be seen: The ashes of the cow, the dust of the suspected wife, and the spittle of the sister-in-law. Rebbi Ismael stated: Also the blood of the bird for the sufferer from skin disease. Rebbi Ze‘ira said, the Sages estimated that the blood of a small bird becomes negligible in a quarter [log] and the blood of a large bird does not render a quarter [log of water] negligible. As it was stated: “In the blood”, should that be only blood? The verse says, “fresh water”. If fresh water, should that be all fresh water? The verse says, “in the blood”. How is this? Fresh water in which the bird’s blood is recognizable. The Sages estimated, a quarter [log]. Rebbi Pedat in the name of Rebbi Joḥanan: The water of a suspected wife becomes disqualified by staying overnight. Rebbi Aḥa in the name of Rebbi Abina: Nothing of which the altar has no part becomes disqualified by staying overnight.

HALAKHAH: “On the same day, Rebbi Aqiba explained: “You shall measure outside the city”, etc. Rebbi Eliezer, the son of Rebbi Yose the Galilean, said, 2000 cubits the domain of the levitic cities. Deduct from them 1000 cubits open space, there results one quarter open space and the remainder fields. Rebbi Jeremiah, Rebbi Samuel bar Rav Isaac in the name of Rav: A quarter of 1000113. Rebbi Isaac said, even if you say a quarter from every side, it is a quarter. He who wants to make a square from four amphoras needs sixteen. Rebbi Mana estimated it from a brick, Rebbi Abin estimated it from a strip, Rebbi Oshaiah estimated it from a dish. Rebbi Yose ben Rebbi Abun said, 50 by 50 form a bet se’ah; 100 by 100 are four bet se’ah. As it happened to the Resh Galuta when it was imposed on him to fill a hall of 40 by 40 cubits with wheat. He came to Rav Huna who said to him, negotiate that they should take from you 20 by 20 now and 20 by 20 later; you will earn half.

HALAKHAH: “On the same day, Rebbi Aqiba explained: “You shall measure outside the city”, etc. Rebbi Eliezer, the son of Rebbi Yose the Galilean, said, 2000 cubits the domain of the levitic cities. Deduct from them 1000 cubits open space, there results one quarter open space and the remainder fields. Rebbi Jeremiah, Rebbi Samuel bar Rav Isaac in the name of Rav: A quarter of 1000113. Rebbi Isaac said, even if you say a quarter from every side, it is a quarter. He who wants to make a square from four amphoras needs sixteen. Rebbi Mana estimated it from a brick, Rebbi Abin estimated it from a strip, Rebbi Oshaiah estimated it from a dish. Rebbi Yose ben Rebbi Abun said, 50 by 50 form a bet se’ah; 100 by 100 are four bet se’ah. As it happened to the Resh Galuta when it was imposed on him to fill a hall of 40 by 40 cubits with wheat. He came to Rav Huna who said to him, negotiate that they should take from you 20 by 20 now and 20 by 20 later; you will earn half.

HALAKHAH: “On the same day, Rebbi Aqiba explained: “You shall measure outside the city”, etc. Rebbi Eliezer, the son of Rebbi Yose the Galilean, said, 2000 cubits the domain of the levitic cities. Deduct from them 1000 cubits open space, there results one quarter open space and the remainder fields. Rebbi Jeremiah, Rebbi Samuel bar Rav Isaac in the name of Rav: A quarter of 1000113. Rebbi Isaac said, even if you say a quarter from every side, it is a quarter. He who wants to make a square from four amphoras needs sixteen. Rebbi Mana estimated it from a brick, Rebbi Abin estimated it from a strip, Rebbi Oshaiah estimated it from a dish. Rebbi Yose ben Rebbi Abun said, 50 by 50 form a bet se’ah; 100 by 100 are four bet se’ah. As it happened to the Resh Galuta when it was imposed on him to fill a hall of 40 by 40 cubits with wheat. He came to Rav Huna who said to him, negotiate that they should take from you 20 by 20 now and 20 by 20 later; you will earn half.

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 the judges estimated one sixth too little or too much, their sale is invalid. Rabban Simeon ben Gamliel says, their sale is valid; otherwise, what is the court’s power worth? But if they offered public tender, even if they sold either the worth of a mina for 200 or the worth of 200 for a mina, their sale is valid.

HALAKHAH: “If the judges estimated one sixth too little or too much,” etc. As you say for a private person, in real estate up to one third, in movables up to one sixth. And similarly, for Temple property, in real estate up to one sixth, in movables up to [one in] twelve. There, we have stated: “The estimation for orphans is thirty days, the estimation for Temple property sixty days, and one publicly announces mornings and evenings.” And why thirty? In order to empower the orphans. Why should they not announce longer? Up to thirty days you empower the orphans, more than that you diminish their power. Why do you not say that for Temple property? Temple property is different because each offer made is firm. Then they should announce forever! If suffices for the Temple that it should be twice that of a private person. Rebbi Yudan said, since you say that Temple property is different because each offer made is firm, this implies that if they find their estimation they do not continue but close the deal.

“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.

“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.

“Seven seas surround the Land of Israel: The ocean, lake Tiberias, lake Samkho, the salt sea, lake Ḥolata, lake Sheliat, lake Apamea.” But does there not also exist the lake of Ḥomṣ? Diocletian dammed up rivers and created it. It is written (Num. 21:20): “Looking down on the desert.” Rebbi Ḥiyya bar Abba said, if one ascends the desert mountain one finds the likeness of a sieve in lake Tiberias, that is the well of Miryam. Rebbi Joḥanan bar Mara said, the rabbis estimated it and it is assessed opposite the middle gate of the old synagogue of Imdvtgyn.

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

HALAKHAH: 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.”

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.”

“A promise to Heaven is like delivery to an individual.” How? If he bought a cow from the Temple for 200. If he did not have occasion to pay the 200 until the going rate was a mina, he has to pay 200. That means, a promise to Heaven is like delivery to an individual. A cow from the Temple for a mina. If he did not have occasion to pay the mina until the going rate was 200, he has to pay 200. That is what is written: “He has to add a fifth of its estimated value, then it is delivered to him.” Therefore, if he adds, it is delivered to him; if he does not add, it is not delivered to him. “ ‘This steer as elevation offering, or this house as a qorbān,’ they are in the Temple’s possession wherever they are, for it is written: “The Eternal’s are the earth and what fills it,” etc. But among private persons one obtains possession only be taking hold.”

HALAKHAH: “A bull which is notorious for its kind,” etc. After it killed one human, is it not notorious? Rav said, if it killed three Gentiles. Rebbi Yose ben Ḥanina said, if it pursued three times and it was estimated that every pursuit was for goring.

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.

“if you hit upon.” I could think, really if you hit upon him; the verse says, “if you see.” Concerning “if you see,” I could think even at a distance of a hundred mil? The verse says, “if you hit upon.” How is this? The Sages estimated one in 7 1/2 of a mil, i. e., a stadion. Putting in order you shall put in order,” this is unloading. “Uplifting you shall uplift,” this is loading. Rebbi Simeon ben Ioḥai says, just as his unloading is [an obligation] from the Torah, so his loading is from the Torah. If the donkey was a Jew’s but the load a Gentile’s, everybody says that he unloads and loads. If the donkey was a Gentile’s but the load a Jew’s, according to the Sages one neither unloads nor loads. According to Rebbi Simeon one unloads but does not load.

“If it dies because of gross negligence, he gives everything; not because of gross negligence, he gives half. How is this? It was estimated as one mina and improved and now is worth 200. If it dies because of gross negligence, he gives six gold denars; if not because of gross negligence, he gives 50 zuz.”

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.

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.

“If one intended to kill an animal,” etc. Rebbi Isaac asked: If they estimated that he would survive but he died; is it not common for the living to die? Since it is written but he has to pay for his disability and the medical costs, he is liable to pay for disability and medical costs. Rebbi Isaac asked: If they estimated that he would die but he survived; is it not common for the dying to live. Since it is written but he has to pay for his disability and the medical costs, he is liable to pay for disability and medical costs.

“If one intended to kill an animal,” etc. Rebbi Isaac asked: If they estimated that he would survive but he died; is it not common for the living to die? Since it is written but he has to pay for his disability and the medical costs, he is liable to pay for disability and medical costs. Rebbi Isaac asked: If they estimated that he would die but he survived; is it not common for the dying to live. Since it is written but he has to pay for his disability and the medical costs, he is liable to pay for disability and medical costs.

MISHNAH: One estimates him only for floggings divisible by three. If they estimated that he could receive forty; after he was flogged some, they said that he could not withstand forty, he is not liable. If they had estimated him for eighteen; after he was flogged they said that he could withstand forty, he is not liable. If he committed a transgression which involved two prohibitions, if they estimated him in one estimation he is flogged and then is no longer liable; otherwise he is flogged, recovers, and is flogged a second time.

MISHNAH: One estimates him only for floggings divisible by three. If they estimated that he could receive forty; after he was flogged some, they said that he could not withstand forty, he is not liable. If they had estimated him for eighteen; after he was flogged they said that he could withstand forty, he is not liable. If he committed a transgression which involved two prohibitions, if they estimated him in one estimation he is flogged and then is no longer liable; otherwise he is flogged, recovers, and is flogged a second time.

MISHNAH: One estimates him only for floggings divisible by three. If they estimated that he could receive forty; after he was flogged some, they said that he could not withstand forty, he is not liable. If they had estimated him for eighteen; after he was flogged they said that he could withstand forty, he is not liable. If he committed a transgression which involved two prohibitions, if they estimated him in one estimation he is flogged and then is no longer liable; otherwise he is flogged, recovers, and is flogged a second time.

“And like mixed wine.” Abba bar Ḥana in the name of Rebbi Joḥanan: As one sees a cup of mixed wine from the outside. They wanted to say, in a Tiberian cup. Rebbi Eudaimon from Sepphoris said before Rebbi Mana: As in a small phial whose walls do not cast a shadow. Samuel said, anybody who has no experience in seeing kinds of pure blood should not judge kinds of impure blood. Rav said, only if he is competent about them and their names. The words of Rebbi Joḥanan say so: I know all kinds of pure blood and of impure blood. The pure is the most red; the impure is like earth water. “If he has no experience,” therefore, if he has experience he can judge it. In addition, from what we have stated: clear but not turbid. Rebbi Ḥanina used it turbid. They said before Rebbi Joḥanan: Rebbi Ḥanina uses it turbid, but you said, not turbid. He said to them, Rebbi Ḥanina drinks old [wine], Rebbi Joḥanan does not drink old [wine], Rebbi Ḥanina drinks oldest [wine]. Rebbi Hoshaiah said: Since Rebbi Hoshaiah’s eye is full of happenings, even turbid is not disqualified for him. Rebbi Shammai in the name of Rebbi Aḥa: Rebbi Ḥanina estimated with a lump of earth. Rebbi Abun, Rebbi Shammai in the name of Rebbi Aḥa: Since we know that Rebbi Ḥanina is competent, do we follow his precedents? Rebbi Ḥanina was living in Sepphoris, they brought cases before him and he decided on the basis of three precedents. Rebbi Joḥanan and Rebbi Simeon ben Laqish were there but he did not invite them to sit with him. They said, the old man is a Sage since his irons are sharp! Once he invited them to sit with him. They said, for what reason do you take notice of us this time? He said, so should come over me if I had not heard every single case from Rebbi in theory as many times as there are hairs on my head, and in a practical way three times; but the present case did come before Rebbi only twice. Therefore, I adjoined you with me.

It happened that Ḥoni, the Circle-drawer, was asked to pray for rain, etc. Our Rabbis have taught: It happened once that the greater part of the month of Adar had passed and no rain had yet fallen. Ḥoni the Circle-drawer was therefore asked to pray that rain should fall. He did so, but rain did not fall. He then drew a circle and placed himself in its center, as did the prophet Habakkuk, who said (Habakkuk, 2. 1): "I will stand upon my watch," and said before God: "Master of the world! Thy children have set their face upon me, because I am, as it were, Thy intimate. I swear by Thy great Name that I will not move from here until Thou showest mercy to Thy children." Rain began to trickle. The people therefore said to him: Master, we see thee, and this is a warranty to us that we shall not die, but it seems to us that this rain comes only in order to free thee from thy oath. "Ye have seen me and ye shall not die," Ḥoni replied, and continuing his prayer said, "Not for such rain did I pray, but for rain sufficient to fill the cisterns, ditches and caves." The rain then came down with vehemence, each drop as big as the opening of a barrel, and the Rabbis estimated that none of them contained less than a log. The people again said to him: Master, we see thee, and this is a warranty that we shall not die, but it seems to us that this rain comes only to destroy the world. "Ye have seen me and ye shall not die," he replied, and then continued: "Not for such rain did I pray, but for a rain of benevolence, blessing and graciousness!" The rain then continued coming in proper measure so that the Israelites had to go up from the streets of Jerusalem to the Temple Mount on account of the rain. They then said to him: "Just as thou hast prayed for the rain to come, so pray now that it should stop." He, however, replied: "I have a tradition that it is not proper to pray for the cessation of too much good; however, bring ye to me a bullock for the confession of my sins!" They brought him a bullock, upon which Ḥoni laid both his hands and said: "Master of the world! Thy people Israel, whom Thou hast brought out of Egypt, can stand neither too much good, nor too much punishment; when Thou becamest wroth (withholding rain), they could not stand it, and now that Thou hast showered much good upon them, they again cannot stand it; let it be Thy will that there be ease in the world." Immediately the wind blew, the clouds dispersed and the sun began to shine and the people went out into the field and brought home morils and truffles. Thereupon Simeon b. Shetaḥ sent word to Ḥoni saying: "Wert thou not Ḥoni I would order thy excommunication; if these years were like those of Elijah, would not the name of God be profaned through thee? However, what can I do since thou behavest petulantly before God as a son behaves before his father, who then grants the son's desire, so that if the son says to him, bathe me in warm water, the father bathes him in warm water; wash me with cold water, he washes him in cold water; give me nuts, peaches, almonds and pomegranates, he gives him nuts, peaches, almonds and pomegranates. With regard to one like thee Scripture says (Proverbs, 23.25): 'Let thy father and thy mother be glad, and let her that bore thee rejoice.'"