exclude

[“The dedicated ones”]. Rebbi Immi in the name of Rebbi Joshua ben Levi, because of: “At that moment Joshua dedicated them as hewers of wood and drawers of water for the congregation.” One understands “for the congregation.” But “for the Eternal’s altar”? But Joshua kept them in limbo. He said, I shall not include nor exclude them. But he who sometime in the future will build the Temple, if he wants to include them he may include, exclude them he may exclude. David came and excluded them as it is said: “But the Gibeonites are not part of the Children of Israel.” Why did he exclude them? Because “ there was a famine in David’s time, three years year after year.” David said, for four sins the rains are locked away. For the sins of foreign worship, incest and adultery, murder, and the sins of those who publicly promise money for welfare but do not pay. From where for the sin of foreign worship? “ Beware, lest you be seduced” etc. What is written afterwards? “The Eternal’s rage will be inflamed against you and he locks the sky, etc.” From where for the sins of the incestuous and adulterers? “ You distorted the Land by your immorality and your evil deeds.” What is the punishment? “Rainshowers were withheld, there was no late rain,” etc. From where because of the murderers? “ Because blood will distort the Land.” From where for the sins of those who publicly promise money for welfare but do not pay? “ Clouds and wind but no rain means the man who prides himself by lying gifts.” David checked his entire generation and did not find one of these. He turned to ask the urim and tummim. That is what is written: “ David asked before the Eternal” by urim and tummim. Rebbi Eleazar said, “Ask the Eternal, all the meek of the Land, who execute His Law.” What means “Whose Law is Work”? He enforces His Law and this is His Action. “ The Eternal said, because of Saul and the House of blood guilt.” “Because of Saul,” whom you did not grant the last favor, “and because of the House of blood guilt, for he had killed the Gibeonites.” David sent and called them, what is between you and the house of Saul? They told him, because he killed seven of our men, two hewers of wood, two drawers of water, a religious leader, a scribe, and a beadle. He asked them, what do you want now? They said to him: “ May there be given to us seven men of his sons and we shall hang them before the Eternal on the hill of Saul, the elected of the Eternal.” He said to them, what use is it for you that they be killed? Take silver and gold for yourselves! But they answered, “there is no money for us from Saul and his house.” He said, maybe they are afraid; he separated them and spoke to each one separately, trying to mollify him by himself, and asked him: What use is it for you that they be killed? Take gold and silver! But he said, “there is no money for us from Saul and his house.” It is written “for me”. At this moment, David said that the Holy One gave three good gifts to Israel: They are merciful, decent, and charitable. From where that they are merciful? “He gave you mercy.” From where that they are decent? “That His fear should be on your faces.” This is a sign, for a decent person does not sin. About anybody indecent it is clear that his ancestors did not stand on Mount Sinai. From where that they are charitable? “The Eternal, your God, kept for you covenant and charity.” But these, nothing of this in found in them. Immediately he went to exclude them as it is said: “But the Gibeonites are not of the Children of Israel.” And Ezra also excluded them, as it is said: “And the dedicated ones dwelt in the Ophel.” Also in the future the Holy One, praise to Him, will exclude them as it is written: “One crossing the city they cause to be lost.”

New paragraph. “Properties of people of the Covenant,” excluding cattle of a Jew which gored cattle of a Gentile. “Private property,” excluding ownerless property. “Except for property belonging solely to the person responsible for the damage” who cannot be sued. “But [the rules] apply to property common to the person suffering the damage and the person responsible for the damage.” Rebbi Jeremiah said, if it were stated “except for property belonging solely to the person responsible for the damage” and had stopped, I would have said that [responsibility applies] both to a common courtyard and to a courtyard belonging to neither party. Why did it state: “[the rules] apply to property common to the person suffering the damage and the person responsible for the damage”? [To indicate] that it applies to the unpaid trustee, the borrower, the paid trustee, and the renter. Rebbi Yose said, since it stated “except for property belonging solely to the person responsible for the damage”, would we not know that “[the rules] apply to property common to the person suffering the damage and the person responsible for the damage”? Why was it stated that “[the rules] apply to property common to the person suffering the damage and the person responsible for the damage”? To exclude a courtyard belonging to neither of them. Some Tannaїm state: A condominium courtyard is obligated, a courtyard belonging to neither of them is free. Some Tannaїm state: Even a courtyard belonging to neither of them is obligated. He who says, a condominium courtyard is obligated, a courtyard belonging to neither of them is free, for it is written: “the best of his fields.” But he who says, even a courtyard belonging to neither of them is obligated, for it is written: “It ravages another person’s field.”

Rebbi Samuel bar Abba objected before Rebbi Joḥanan. Did we not state: “Both the person who dedicates and the one who vows his own valuation exclude their wives’ and children’s clothing.” He answered, nobody thought to include their wives’ and children’s clothing. But did we not state: “My valuation on myself”; at the moment when he said, my valuation on myself, he only obligated himself for fifty tetradrachmas. If he says, my valuation on myself on condition not to pledge what is worn by my wife and children? Rebbi Nasa in the name of Samuel bar Abba: One who says, my valuation on myself on condition not to pledge a particular thing, one cannot use that particular thing as a pledge. Rav Hoshaia in the name of Samuel bar Abba: This implies that one does not foreclose valuations from movables by biblical decree but only from the rabbis.

HALAKHAH: “I am selling you a bet kor of dust,” etc. Here, you say that “he has received it.” But there, you say that “not only the quarter [qab] he has to return but all the excess”? They said, since you exclude him from the rule of “less than measured by the surveyor’s measuring tape” you return him to the rules of “by the surveyor’s measuring tape.”

“Before the court.” To exclude a single witness. If they told him that they would accept his word as if there were two [witnesses], would he be guilty? The verse says, if he had seen or known. One who is qualified to testify according to biblical standards; this excludes a single witness who is not qualified to testify according to biblical standards.

It is written: At that moment Joshua dedicated them as hewers of wood and drawers of water for the congregation. One understands “for the congregation.” But “for the Eternal’s altar”? But Joshua kept them in limbo. He said, I shall [neither] exclude nor include them. But he who sometime in the future will build the Temple, if he wants to include he may include, if he wants to exclude he may exclude. David came and excluded them as it is said: But the Gibeonites are not part of the Children of Israel. Why did he exclude them? Because there was a famine in David’s time, three years year after year. David said, for three sins the rains are locked away: Foreign worship, incest and adultery, and murder. Foreign worship, as it is written: Beware, lest you be seduced and next to it, He locks the sky up. Incest and adultery, as it is written Rain-showers were withheld, there was no late rain, for you had the forehead of a whoring woman. Murder, as it is written: Because blood will distort the Land. Some say, also those who publicly promise money for welfare but do not pay, as it is written: Clouds and wind but no rain means the man who boasts with lying gifts. David checked on all his ways and did not find any of them. He turned to ask the Urim and Tummim. That is what is written: David asked before the Eternal. Rebbi Eleazar said, it is written: Ask the Eternal, all the meek of the Land, who execute His Law, etc. The Eternal said, because of Saul and the House of blood-guilt, for he had killed the Gibeonites. Because of Saul, whom you did not grant the last favor, and because of the House of blood-guilt, for he had killed the Gibeonites. David sent and called them. He asked them, what is between you and the House of Saul? They told him, because he killed seven of our men, two hewers of wood, two drawers of water, a scribe, a religious leader, and a beadle. He asked them, what do you want now? They said to him, May there be given to us seven men … and we shall hang them before the Eternal in Gibeon. He said to them, what use is it to you that they be killed? Take silver and gold for yourselves! But they answered, there is no silver or gold for us from Saul and his house. He said, maybe they are afraid one of the other; he dealt which each of them separately, trying to mollify him by himself, but nobody accepted it. That is what is written, there is no silver or gold for us, it is written for me. At this moment, David said that the Holy One gave three good gifts to Israel: They are decent, merciful, and charitable. Decent, for it is written: that His fear be on your faces. Merciful, for it is written: He gave you mercy, had mercy on you and increased you. Charitable, for it is written: The Eternal, your God, kept for you covenant and charity. But these, nothing of this is found in them; he excluded them: But the Gibeonites are not of the Children of Israel. And Ezra also excluded them, as it is said: And the dedicated ones dwelt in the Ophel; Ziha and Gishpa were of the dedicated ones. Also in the future, the Holy One, praise to Him, will exclude them as it is written: The city worker will cultivate it, from all tribes of Israel. He will eliminate them from all tribes of Israel.

It is written: At that moment Joshua dedicated them as hewers of wood and drawers of water for the congregation. One understands “for the congregation.” But “for the Eternal’s altar”? But Joshua kept them in limbo. He said, I shall [neither] exclude nor include them. But he who sometime in the future will build the Temple, if he wants to include he may include, if he wants to exclude he may exclude. David came and excluded them as it is said: But the Gibeonites are not part of the Children of Israel. Why did he exclude them? Because there was a famine in David’s time, three years year after year. David said, for three sins the rains are locked away: Foreign worship, incest and adultery, and murder. Foreign worship, as it is written: Beware, lest you be seduced and next to it, He locks the sky up. Incest and adultery, as it is written Rain-showers were withheld, there was no late rain, for you had the forehead of a whoring woman. Murder, as it is written: Because blood will distort the Land. Some say, also those who publicly promise money for welfare but do not pay, as it is written: Clouds and wind but no rain means the man who boasts with lying gifts. David checked on all his ways and did not find any of them. He turned to ask the Urim and Tummim. That is what is written: David asked before the Eternal. Rebbi Eleazar said, it is written: Ask the Eternal, all the meek of the Land, who execute His Law, etc. The Eternal said, because of Saul and the House of blood-guilt, for he had killed the Gibeonites. Because of Saul, whom you did not grant the last favor, and because of the House of blood-guilt, for he had killed the Gibeonites. David sent and called them. He asked them, what is between you and the House of Saul? They told him, because he killed seven of our men, two hewers of wood, two drawers of water, a scribe, a religious leader, and a beadle. He asked them, what do you want now? They said to him, May there be given to us seven men … and we shall hang them before the Eternal in Gibeon. He said to them, what use is it to you that they be killed? Take silver and gold for yourselves! But they answered, there is no silver or gold for us from Saul and his house. He said, maybe they are afraid one of the other; he dealt which each of them separately, trying to mollify him by himself, but nobody accepted it. That is what is written, there is no silver or gold for us, it is written for me. At this moment, David said that the Holy One gave three good gifts to Israel: They are decent, merciful, and charitable. Decent, for it is written: that His fear be on your faces. Merciful, for it is written: He gave you mercy, had mercy on you and increased you. Charitable, for it is written: The Eternal, your God, kept for you covenant and charity. But these, nothing of this is found in them; he excluded them: But the Gibeonites are not of the Children of Israel. And Ezra also excluded them, as it is said: And the dedicated ones dwelt in the Ophel; Ziha and Gishpa were of the dedicated ones. Also in the future, the Holy One, praise to Him, will exclude them as it is written: The city worker will cultivate it, from all tribes of Israel. He will eliminate them from all tribes of Israel.

It is written: At that moment Joshua dedicated them as hewers of wood and drawers of water for the congregation. One understands “for the congregation.” But “for the Eternal’s altar”? But Joshua kept them in limbo. He said, I shall [neither] exclude nor include them. But he who sometime in the future will build the Temple, if he wants to include he may include, if he wants to exclude he may exclude. David came and excluded them as it is said: But the Gibeonites are not part of the Children of Israel. Why did he exclude them? Because there was a famine in David’s time, three years year after year. David said, for three sins the rains are locked away: Foreign worship, incest and adultery, and murder. Foreign worship, as it is written: Beware, lest you be seduced and next to it, He locks the sky up. Incest and adultery, as it is written Rain-showers were withheld, there was no late rain, for you had the forehead of a whoring woman. Murder, as it is written: Because blood will distort the Land. Some say, also those who publicly promise money for welfare but do not pay, as it is written: Clouds and wind but no rain means the man who boasts with lying gifts. David checked on all his ways and did not find any of them. He turned to ask the Urim and Tummim. That is what is written: David asked before the Eternal. Rebbi Eleazar said, it is written: Ask the Eternal, all the meek of the Land, who execute His Law, etc. The Eternal said, because of Saul and the House of blood-guilt, for he had killed the Gibeonites. Because of Saul, whom you did not grant the last favor, and because of the House of blood-guilt, for he had killed the Gibeonites. David sent and called them. He asked them, what is between you and the House of Saul? They told him, because he killed seven of our men, two hewers of wood, two drawers of water, a scribe, a religious leader, and a beadle. He asked them, what do you want now? They said to him, May there be given to us seven men … and we shall hang them before the Eternal in Gibeon. He said to them, what use is it to you that they be killed? Take silver and gold for yourselves! But they answered, there is no silver or gold for us from Saul and his house. He said, maybe they are afraid one of the other; he dealt which each of them separately, trying to mollify him by himself, but nobody accepted it. That is what is written, there is no silver or gold for us, it is written for me. At this moment, David said that the Holy One gave three good gifts to Israel: They are decent, merciful, and charitable. Decent, for it is written: that His fear be on your faces. Merciful, for it is written: He gave you mercy, had mercy on you and increased you. Charitable, for it is written: The Eternal, your God, kept for you covenant and charity. But these, nothing of this is found in them; he excluded them: But the Gibeonites are not of the Children of Israel. And Ezra also excluded them, as it is said: And the dedicated ones dwelt in the Ophel; Ziha and Gishpa were of the dedicated ones. Also in the future, the Holy One, praise to Him, will exclude them as it is written: The city worker will cultivate it, from all tribes of Israel. He will eliminate them from all tribes of Israel.

It is written: At that moment Joshua dedicated them as hewers of wood and drawers of water for the congregation. One understands “for the congregation.” But “for the Eternal’s altar”? But Joshua kept them in limbo. He said, I shall [neither] exclude nor include them. But he who sometime in the future will build the Temple, if he wants to include he may include, if he wants to exclude he may exclude. David came and excluded them as it is said: But the Gibeonites are not part of the Children of Israel. Why did he exclude them? Because there was a famine in David’s time, three years year after year. David said, for three sins the rains are locked away: Foreign worship, incest and adultery, and murder. Foreign worship, as it is written: Beware, lest you be seduced and next to it, He locks the sky up. Incest and adultery, as it is written Rain-showers were withheld, there was no late rain, for you had the forehead of a whoring woman. Murder, as it is written: Because blood will distort the Land. Some say, also those who publicly promise money for welfare but do not pay, as it is written: Clouds and wind but no rain means the man who boasts with lying gifts. David checked on all his ways and did not find any of them. He turned to ask the Urim and Tummim. That is what is written: David asked before the Eternal. Rebbi Eleazar said, it is written: Ask the Eternal, all the meek of the Land, who execute His Law, etc. The Eternal said, because of Saul and the House of blood-guilt, for he had killed the Gibeonites. Because of Saul, whom you did not grant the last favor, and because of the House of blood-guilt, for he had killed the Gibeonites. David sent and called them. He asked them, what is between you and the House of Saul? They told him, because he killed seven of our men, two hewers of wood, two drawers of water, a scribe, a religious leader, and a beadle. He asked them, what do you want now? They said to him, May there be given to us seven men … and we shall hang them before the Eternal in Gibeon. He said to them, what use is it to you that they be killed? Take silver and gold for yourselves! But they answered, there is no silver or gold for us from Saul and his house. He said, maybe they are afraid one of the other; he dealt which each of them separately, trying to mollify him by himself, but nobody accepted it. That is what is written, there is no silver or gold for us, it is written for me. At this moment, David said that the Holy One gave three good gifts to Israel: They are decent, merciful, and charitable. Decent, for it is written: that His fear be on your faces. Merciful, for it is written: He gave you mercy, had mercy on you and increased you. Charitable, for it is written: The Eternal, your God, kept for you covenant and charity. But these, nothing of this is found in them; he excluded them: But the Gibeonites are not of the Children of Israel. And Ezra also excluded them, as it is said: And the dedicated ones dwelt in the Ophel; Ziha and Gishpa were of the dedicated ones. Also in the future, the Holy One, praise to Him, will exclude them as it is written: The city worker will cultivate it, from all tribes of Israel. He will eliminate them from all tribes of Israel.

It is written: At that moment Joshua dedicated them as hewers of wood and drawers of water for the congregation. One understands “for the congregation.” But “for the Eternal’s altar”? But Joshua kept them in limbo. He said, I shall [neither] exclude nor include them. But he who sometime in the future will build the Temple, if he wants to include he may include, if he wants to exclude he may exclude. David came and excluded them as it is said: But the Gibeonites are not part of the Children of Israel. Why did he exclude them? Because there was a famine in David’s time, three years year after year. David said, for three sins the rains are locked away: Foreign worship, incest and adultery, and murder. Foreign worship, as it is written: Beware, lest you be seduced and next to it, He locks the sky up. Incest and adultery, as it is written Rain-showers were withheld, there was no late rain, for you had the forehead of a whoring woman. Murder, as it is written: Because blood will distort the Land. Some say, also those who publicly promise money for welfare but do not pay, as it is written: Clouds and wind but no rain means the man who boasts with lying gifts. David checked on all his ways and did not find any of them. He turned to ask the Urim and Tummim. That is what is written: David asked before the Eternal. Rebbi Eleazar said, it is written: Ask the Eternal, all the meek of the Land, who execute His Law, etc. The Eternal said, because of Saul and the House of blood-guilt, for he had killed the Gibeonites. Because of Saul, whom you did not grant the last favor, and because of the House of blood-guilt, for he had killed the Gibeonites. David sent and called them. He asked them, what is between you and the House of Saul? They told him, because he killed seven of our men, two hewers of wood, two drawers of water, a scribe, a religious leader, and a beadle. He asked them, what do you want now? They said to him, May there be given to us seven men … and we shall hang them before the Eternal in Gibeon. He said to them, what use is it to you that they be killed? Take silver and gold for yourselves! But they answered, there is no silver or gold for us from Saul and his house. He said, maybe they are afraid one of the other; he dealt which each of them separately, trying to mollify him by himself, but nobody accepted it. That is what is written, there is no silver or gold for us, it is written for me. At this moment, David said that the Holy One gave three good gifts to Israel: They are decent, merciful, and charitable. Decent, for it is written: that His fear be on your faces. Merciful, for it is written: He gave you mercy, had mercy on you and increased you. Charitable, for it is written: The Eternal, your God, kept for you covenant and charity. But these, nothing of this is found in them; he excluded them: But the Gibeonites are not of the Children of Israel. And Ezra also excluded them, as it is said: And the dedicated ones dwelt in the Ophel; Ziha and Gishpa were of the dedicated ones. Also in the future, the Holy One, praise to Him, will exclude them as it is written: The city worker will cultivate it, from all tribes of Israel. He will eliminate them from all tribes of Israel.

Rebbi Yose said, it was necessary that his aunt be mentioned separately, to exclude his mother’s brother’s wife. What is the reason? It is said here his aunt, and it is said there, either his uncle or his uncle’s son shall freehim. Since by his uncle mentioned there, the verse understands his father’s paternal brother, also by his aunt mentioned here, the verse speaks of his father’s paternal brother’s wife. Also his brother’s wife can be inferred from his aunt. Since by his aunt mentioned there, the verse speaks of his father’s paternal brother’s wife, also by his brother’s wife mentioned here, the verse speaks of his paternal brother’s wife. So far following Rebbi Aqiba. Following Rebbi Ismael? Rebbi Ismael stated: It is said here his brother’s wife and it is said there, a man who would take his brother’s wife, she is niddah. Since a menstruating woman will be permitted after being forbidden, also his [paternal] brother’s wife may be permitted [after being forbidden.] This excludes his maternal brother’s wife, who cannot be permitted after being forbidden.

HALAKHAH: “If one of them was one-armed.” etc. Just as one explains for his father and mother, so one explains for the Elders of the Court, as it is said : They shall go out, to exclude lame ones; and say , to exclude mute ones; our hands did not spill, to exclude one-armed ones; and our eyes did not see, to exclude blind ones. The verse tells you that just as the Elders of the Court must be unblemished morally, so they must be unblemished physically.

HALAKHAH: “If one of them was one-armed.” etc. Just as one explains for his father and mother, so one explains for the Elders of the Court, as it is said : They shall go out, to exclude lame ones; and say , to exclude mute ones; our hands did not spill, to exclude one-armed ones; and our eyes did not see, to exclude blind ones. The verse tells you that just as the Elders of the Court must be unblemished morally, so they must be unblemished physically.

HALAKHAH: “If one of them was one-armed.” etc. Just as one explains for his father and mother, so one explains for the Elders of the Court, as it is said : They shall go out, to exclude lame ones; and say , to exclude mute ones; our hands did not spill, to exclude one-armed ones; and our eyes did not see, to exclude blind ones. The verse tells you that just as the Elders of the Court must be unblemished morally, so they must be unblemished physically.

HALAKHAH: “If one of them was one-armed.” etc. Just as one explains for his father and mother, so one explains for the Elders of the Court, as it is said : They shall go out, to exclude lame ones; and say , to exclude mute ones; our hands did not spill, to exclude one-armed ones; and our eyes did not see, to exclude blind ones. The verse tells you that just as the Elders of the Court must be unblemished morally, so they must be unblemished physically.

And from where that it speaks only about the impurity of the Sanctuary and its sancta? He warned and punished about impurity and required a sacrifice about impurity. Since punishment and warning spelled out later on refer to impurity of the Sanctuary and its sancta, also when He made liable for a sacrifice it is about impurity of the Sanctuary and its sancta. Rebbi Eliezer ben Jacob says, since it says, I did not eat from it in my deep mourning, I could think that an Israel who ate tithe in deep mourning should bring a sacrifice. The verse says, from thes e. For some of these he is liable, for some of these he is not liable. I will exclude tithe which is not a deadly sin but will not exclude heave which is a deadly sin as it is said, they would die from it for they desecrated it. The verse says from thes e; for some of these he is liable, for some of these he is not liable. Or since there [one speaks about] heave, also here heave. But did you not learn it from foreign worship? Since foreign worship teaches about all transgressions in the Torah, to say that as foreign worship is special that one is liable for extirpation if done intentionally and for a sacrifice if done unintentionally. This excludes heave which only is a deadly sin.

And from where that it speaks only about the impurity of the Sanctuary and its sancta? He warned and punished about impurity and required a sacrifice about impurity. Since punishment and warning spelled out later on refer to impurity of the Sanctuary and its sancta, also when He made liable for a sacrifice it is about impurity of the Sanctuary and its sancta. Rebbi Eliezer ben Jacob says, since it says, I did not eat from it in my deep mourning, I could think that an Israel who ate tithe in deep mourning should bring a sacrifice. The verse says, from thes e. For some of these he is liable, for some of these he is not liable. I will exclude tithe which is not a deadly sin but will not exclude heave which is a deadly sin as it is said, they would die from it for they desecrated it. The verse says from thes e; for some of these he is liable, for some of these he is not liable. Or since there [one speaks about] heave, also here heave. But did you not learn it from foreign worship? Since foreign worship teaches about all transgressions in the Torah, to say that as foreign worship is special that one is liable for extirpation if done intentionally and for a sacrifice if done unintentionally. This excludes heave which only is a deadly sin.

HALAKHAH: He wants to teach himself a pretext. “Whether matters of himself,” etc. Rebbi Abba in the name of Samuel: “An oath that X gave a mina to Y,” and it turns out that he did not give, since it was not in his power for the future, it is not in his power for the past. Rebbi Yose objected, about phylacteries there is nothing about the future but there is about the past! He told him, phylacteries came from another source. To cause evil or cause good; just as doing good is optional so doing bad is optional; this excludes anything involving a prohibition or anything involving a permission. Anything which one will blurt out, excluding a minor. A person in an oath, excluding a person not acting at his own will. And it will be forgotten by him, he will be oblivious of the oath. Or could I think that the object was forgotten by him? The verse says, in an oath and it was forgotten by him; he is liable for forgetting the oath; he is not liable for forgetting the object. Could one not add forgetting the object to forgetting the oath so that he should be liable? What is the difference between this and forgetting impurity and forgetting the Sanctuary so that he should be liable twice following Rebbi Ismael, who said forgetting impurity and forgetting the Sanctuary? There it is written it was forgotten by him, it was forgotten by him twice. Here it is written it was forgotten by him once. I could think that one who swears to the detriment of others should be liable: the verse says, to cause evil or cause good; just as doing good is optional so doing bad is optional. I shall exclude one who swears to the detriment of another that he should not be liable. For example, if one swears that he will not provide food for another. He saw him in convulsions and gave to him.

“Before the court.” To exclude a single witness. If they told him that they would accept his word as if there were two witnesses, from where? The verse says, if he was a witness, had seen or known; if he does not tell he shall bear his punishment. One who is qualified to testify according to biblical standards; this excludes a single witness who is not qualified to testify.

The argument of the House of Hillel seems inverted. If a person give to his neighbor, etc. If to teach that the court will not act on less than a peruṭah’s worth, is it not already written, to incur liability for it? To exclude anything not worth a peruṭah. From here, that it should be more than silver. And what is more than silver? Two oboloi. But maybe “silver” is a peruṭah, more than silver two peruṭot. The smallest silver coin is an obolos. So why is it not an obolos? Or vessels; since vessels are two, also “money” is two. How do the House of Shammai interpret or vessels? Following what Rebbi Nathan stated, or vessels, including clay vessels. Samuel said, if he claimed from him two needles and he admitted to one, he is liable. Rebbi Ḥinena said, only if they are worth two peruṭot, that the claim should be about a peruṭah’s worth and the confession about a peruṭah’s worth. This follows the House of Shammai who do not learn money’s worth from “vessels”. But following the House of Hillel who learn money’s worth from “vessels”, since vessels are two, also “money” is two. Similarly, since “money” means two oboloi, also “vessels” means two oboloi’s worth.

HALAKHAH: “One does not swear on the claim of a deaf-and-dumb person, an insane person, or a minor,” etc. It is written: If a man give to his neighbor, to exclude the minor. So far if a minor gave to him and the minor requested from him. If he gave it as a minor and requested it as an adult? The verse says, his neighbor; only if giving and requesting are equal. Rebbi Abba bar Mamal said, is that not obvious by what Rebbi Joḥanan said, one who claims a claim of theft in respect of his neighbor’s lost object is liable? “Where is my lost object?” He told him, it was stolen. Rebbi Abba said, explain it if he told him, you already asked me when you were underage and I was freed from swearing for you. An oath of the Eternal shall be between both of them, to exclude the heir. Rebbi Illa in the name of Rebbi Yasa: The baraita is about the heir.

HALAKHAH: “One does not swear on the claim of a deaf-and-dumb person, an insane person, or a minor,” etc. It is written: If a man give to his neighbor, to exclude the minor. So far if a minor gave to him and the minor requested from him. If he gave it as a minor and requested it as an adult? The verse says, his neighbor; only if giving and requesting are equal. Rebbi Abba bar Mamal said, is that not obvious by what Rebbi Joḥanan said, one who claims a claim of theft in respect of his neighbor’s lost object is liable? “Where is my lost object?” He told him, it was stolen. Rebbi Abba said, explain it if he told him, you already asked me when you were underage and I was freed from swearing for you. An oath of the Eternal shall be between both of them, to exclude the heir. Rebbi Illa in the name of Rebbi Yasa: The baraita is about the heir.

Some want to understand it from here: An ox, or a donkey, or a sheep. Since these are particular in that they are subject to breaking, kidnapping, and dying, this excludes real estate which is not subject to breaking, kidnapping, and dying. I shall exclude real estate but shall not exclude slaves. Since these are particular in that they are subject to a fine, this excludes slaves which are not subject to a fine. I shall exclude slaves but shall not exclude documents since they are subject to fines. Since these are particular in that they are subject to overcharging, this excludes documents which are not subject to overcharging. From here they say, if somebody sells documents to the spice trader, it is subject to claims of overcharging. Rebbi Ismael explained: Or a person, if he would swear, a general statement. To cause evil or cause good, a detail. Anything which a person will blurt out, a repeat general statement. A general statement followed by a detail followed by a general statement, you only argue in the pattern of the detail. Since the detail is about monetary claims, [originating] from himself, which can be collected by court order, having monetary value, which is a fixed value, and are movables, and one is not liable for punishment and fines. Monetary claims, excluding one who said to another, give me the 200 denar which you promised me but never gave. [Originating] from himself, excluding one who said to another, you cursed me and shamed me, who is not liable. Which can be collected by court order, excluding one who said to another, you raped or seduced X’s daughter. It has monetary value, excluding documents. Which is a fixed value, excluding slaves. Movables, excluding real estate. One is not liable for punishment, excluding one who said to another, you set fire to my grain stack on the Sabbath; who is not liable. One is not liable for fines, excluding double, quadruple, or quintuple restitution which are fines.

Some want to understand it from here: An ox, or a donkey, or a sheep. Since these are particular in that they are subject to breaking, kidnapping, and dying, this excludes real estate which is not subject to breaking, kidnapping, and dying. I shall exclude real estate but shall not exclude slaves. Since these are particular in that they are subject to a fine, this excludes slaves which are not subject to a fine. I shall exclude slaves but shall not exclude documents since they are subject to fines. Since these are particular in that they are subject to overcharging, this excludes documents which are not subject to overcharging. From here they say, if somebody sells documents to the spice trader, it is subject to claims of overcharging. Rebbi Ismael explained: Or a person, if he would swear, a general statement. To cause evil or cause good, a detail. Anything which a person will blurt out, a repeat general statement. A general statement followed by a detail followed by a general statement, you only argue in the pattern of the detail. Since the detail is about monetary claims, [originating] from himself, which can be collected by court order, having monetary value, which is a fixed value, and are movables, and one is not liable for punishment and fines. Monetary claims, excluding one who said to another, give me the 200 denar which you promised me but never gave. [Originating] from himself, excluding one who said to another, you cursed me and shamed me, who is not liable. Which can be collected by court order, excluding one who said to another, you raped or seduced X’s daughter. It has monetary value, excluding documents. Which is a fixed value, excluding slaves. Movables, excluding real estate. One is not liable for punishment, excluding one who said to another, you set fire to my grain stack on the Sabbath; who is not liable. One is not liable for fines, excluding double, quadruple, or quintuple restitution which are fines.

Some want to understand it from here: An ox, or a donkey, or a sheep. Since these are particular in that they are subject to breaking, kidnapping, and dying, this excludes real estate which is not subject to breaking, kidnapping, and dying. I shall exclude real estate but shall not exclude slaves. Since these are particular in that they are subject to a fine, this excludes slaves which are not subject to a fine. I shall exclude slaves but shall not exclude documents since they are subject to fines. Since these are particular in that they are subject to overcharging, this excludes documents which are not subject to overcharging. From here they say, if somebody sells documents to the spice trader, it is subject to claims of overcharging. Rebbi Ismael explained: Or a person, if he would swear, a general statement. To cause evil or cause good, a detail. Anything which a person will blurt out, a repeat general statement. A general statement followed by a detail followed by a general statement, you only argue in the pattern of the detail. Since the detail is about monetary claims, [originating] from himself, which can be collected by court order, having monetary value, which is a fixed value, and are movables, and one is not liable for punishment and fines. Monetary claims, excluding one who said to another, give me the 200 denar which you promised me but never gave. [Originating] from himself, excluding one who said to another, you cursed me and shamed me, who is not liable. Which can be collected by court order, excluding one who said to another, you raped or seduced X’s daughter. It has monetary value, excluding documents. Which is a fixed value, excluding slaves. Movables, excluding real estate. One is not liable for punishment, excluding one who said to another, you set fire to my grain stack on the Sabbath; who is not liable. One is not liable for fines, excluding double, quadruple, or quintuple restitution which are fines.

Some want to understand it from here: An ox, or a donkey, or a sheep. Since these are particular in that they are subject to breaking, kidnapping, and dying, this excludes real estate which is not subject to breaking, kidnapping, and dying. I shall exclude real estate but shall not exclude slaves. Since these are particular in that they are subject to a fine, this excludes slaves which are not subject to a fine. I shall exclude slaves but shall not exclude documents since they are subject to fines. Since these are particular in that they are subject to overcharging, this excludes documents which are not subject to overcharging. From here they say, if somebody sells documents to the spice trader, it is subject to claims of overcharging. Rebbi Ismael explained: Or a person, if he would swear, a general statement. To cause evil or cause good, a detail. Anything which a person will blurt out, a repeat general statement. A general statement followed by a detail followed by a general statement, you only argue in the pattern of the detail. Since the detail is about monetary claims, [originating] from himself, which can be collected by court order, having monetary value, which is a fixed value, and are movables, and one is not liable for punishment and fines. Monetary claims, excluding one who said to another, give me the 200 denar which you promised me but never gave. [Originating] from himself, excluding one who said to another, you cursed me and shamed me, who is not liable. Which can be collected by court order, excluding one who said to another, you raped or seduced X’s daughter. It has monetary value, excluding documents. Which is a fixed value, excluding slaves. Movables, excluding real estate. One is not liable for punishment, excluding one who said to another, you set fire to my grain stack on the Sabbath; who is not liable. One is not liable for fines, excluding double, quadruple, or quintuple restitution which are fines.

“Meat brought into a pagan Temple is permitted.” Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan said, to exclude the statement of Rebbi Eliezer, since Rebbi Eliezer says that the thoughts of a Non-Jew are about pagan worship.

It was stated: The Anointed Priest brings a bull, the one clothed in multiple garb does not bring a bull. This disagrees with Rebbi Meïr. What is Rebbi Meïr’s reason? The Anointed. Why does the verse say priest? To exclude the one clothed in multiple garb. What is the rabbis’ reason? The anointed. I could think that this is the king. Why does the verse say, priest? To include the one clothed in multiple garb. Here you say, to exclude the one clothed in multiple garb. But there you say, to include the one clothed in multiple garb. Rebbi Hila said, each inference refers to its meaning. If it had said the Anointed but not priest, I would have said, he brings a bull for forgetting a topic, but for acting in error he brings a goat. Therefore it is necessary that it mention priest. But if it had mentioned priest but not the Anointed, I would have said, this refers to the king. If you would say by a bull, preceding the paragraph about the king, assuming that for forgetting a topic he brings a bull but for acting in error he brings a goat. Therefore it is necessary that it mention the Anointed and that it mention priest.

It was stated: The Anointed Priest brings a bull, the one clothed in multiple garb does not bring a bull. This disagrees with Rebbi Meïr. What is Rebbi Meïr’s reason? The Anointed. Why does the verse say priest? To exclude the one clothed in multiple garb. What is the rabbis’ reason? The anointed. I could think that this is the king. Why does the verse say, priest? To include the one clothed in multiple garb. Here you say, to exclude the one clothed in multiple garb. But there you say, to include the one clothed in multiple garb. Rebbi Hila said, each inference refers to its meaning. If it had said the Anointed but not priest, I would have said, he brings a bull for forgetting a topic, but for acting in error he brings a goat. Therefore it is necessary that it mention priest. But if it had mentioned priest but not the Anointed, I would have said, this refers to the king. If you would say by a bull, preceding the paragraph about the king, assuming that for forgetting a topic he brings a bull but for acting in error he brings a goat. Therefore it is necessary that it mention the Anointed and that it mention priest.

If thou wilt, I can say that here there is the danger of the overpowering force of sleep; or if thou wilt, I can say that it is intended to exclude the opinion of those who maintain that the evening prayer is voluntary; and hence we are informed that it is an obligation.

[He declares] that its purpose is to exclude the following night ; for it might have occurred to thee to say that since the Paschal offering belongs to the class of things holy in a minor degree, and peace offerings are in the same category, as the peace offerings might be eaten within two days and a night, so also the Paschal offering might be eaten two nights instead of two days, and therefore might be eaten any time during two nights and one day ! Therefore it informs us "in that night," i.e. it must be eaten that night and no other.

then he would have informed us of the explanation and also intimated that the Halakah is in accord with the Rabbis. But since he said mosi', what does he wish us to infer?" But Rab Zebid acted thus to exclude himself from the divergence of opinion,

And the Rabbis? [The reference to] the "land" interrupts the subject-matter. But for Rabban Gamaliel likewise [the reference to] the "land" interrupts the subject-matter ! He requires that to exclude the case of one who chews wheat.

We have a Mishnaic teaching : Everything that requires a benediction after it requires one before it ; but there are things which require a benediction before but not after. This is quite right for Rab Isaac b. Abdemi, since it is to exclude vegetables, and for R.Isaac to exclude water ; but for Rab Pappa what is it to exclude ?

We have a Mishnaic teaching : Everything that requires a benediction after it requires one before it ; but there are things which require a benediction before but not after. This is quite right for Rab Isaac b. Abdemi, since it is to exclude vegetables, and for R.Isaac to exclude water ; but for Rab Pappa what is it to exclude ?

We have a Mishnaic teaching : Everything that requires a benediction after it requires one before it ; but there are things which require a benediction before but not after. This is quite right for Rab Isaac b. Abdemi, since it is to exclude vegetables, and for R.Isaac to exclude water ; but for Rab Pappa what is it to exclude ?

But for the sons of the West who on removing the Tefillin say the benediction, "[Blessed art Thou, O Lord our God, King of the universe] Who didst sanctify us with Thy commandments and commanded us to observe Thy statutes," what is it to exclude ?

If one drinks water to slake his thirst, etc. What does this intend to exclude ? Rab Iddi b. Abin said : To exclude him whom

If one drinks water to slake his thirst, etc. What does this intend to exclude ? Rab Iddi b. Abin said : To exclude him whom

GEMARA Samuel said : A man should never exclude himself from the general body.

That [phrase] is needed to exclude a stolen [Sukkah]. But in the other case too it is needed to exclude stolen [tzitzit]?

That [phrase] is needed to exclude a stolen [Sukkah]. But in the other case too it is needed to exclude stolen [tzitzit]?

Abaye said: Whatever had different names prior to the giving of the Torah, and yet the Torah made specific mention of the general name [the intention is to exclude such of the species which] have special names. But these did not have different names before the giving of the Torah at all.

And how do the rabbis interpret the words "for yourself"? It is needed to exclude a stolen [Sukkah]; but as to a borrowed one, It is written, "All that are homeborn."

I include washing since it is a requirement common to all men and exclude a salve since it is not common to all men.

Who is the author of that [statement] which our Rabbis taught: “for food” but not for a salve, “for food”, but not for perfume, “for food” but not for an emetic. Who does this agree with? With R. Yose, for if it were the Rabbis, they also exclude steeping and washing.

Does R. Judah hold that the Eighth Day requires staying overnight? Has it not been taught: R. Judah says: From where do we know that Pesah Sheni does not require staying overnight? As it is said, "And you shall turn in the morning and go to you tents" (Deuteronomy 16:7) and [immediately afterwards] it is written, "Six days you shall eat matzot" thus implying that that which has six days [of observance] requires staying overnight, but that which does not have six days [of observance] does not require staying overnight. What does this exclude? Does this not exclude also the Eighth Day of the festival?

Does R. Judah hold that the Eighth Day requires staying overnight? Has it not been taught: R. Judah says: From where do we know that Pesah Sheni does not require staying overnight? As it is said, "And you shall turn in the morning and go to you tents" (Deuteronomy 16:7) and [immediately afterwards] it is written, "Six days you shall eat matzot" thus implying that that which has six days [of observance] requires staying overnight, but that which does not have six days [of observance] does not require staying overnight. What does this exclude? Does this not exclude also the Eighth Day of the festival?

No, to exclude only the Second Passover which is similar to it. This is also reasonable, for we have learned, The bikkurim require a sacrifice, a psalm, waving and staying overnight. Now who is it that you heard saying that waving is required? R. Judah, and it states that it requires staying overnight.

But why have you seen fit to include the last night of the Festival and to exclude the first night? I include the last night since it is preceded by rejoicing and exclude the first night which is not preceded by rejoicing.

But why have you seen fit to include the last night of the Festival and to exclude the first night? I include the last night since it is preceded by rejoicing and exclude the first night which is not preceded by rejoicing.

R. Yose b. Judah applies the principle of ‘inclusion and exclusion [thus:] “And you shall make a candlestick” is an inclusion, “of pure gold” is an exclusion, “of beaten work shall the candlestick be made” is again an inclusion. It includes, then excludes, then includes, in which case it includes everything. What does it include? All materials, and what does it exclude? [Only] earthenware.

Is it not possible that both libations are meant to be of wine? In that case the text should read either hassēk hassēk or nēsek nēsek, why hassēk nēsek? This change of expression implies both ideas. But if this be so, on whose authority will you base the Mishnah (Sukkah, iv, 1): The water libation was observed during the entire week of the festival? If this Mishnah follows R. Joshua, there was only one day of libation; if it follows R. 'Aḳiba, there were two days; and if R. Judah b. Bathyra, there were six days! The Mishnah certainly follows R. Judah b. Bathyra, who, however, agrees with R. Judah (b. 'Ila'i); for we read (ib., iv, 9): R. Judah (b. 'Ila'i) says: One log of water was used daily for libation during eight days; but R. Judah b. Bathyra excludes the first day and includes the eighth. Why does he exclude the first day? Is it not because the allusion to water is found in connection with the second day? If so, the eighth day too should be excluded, since Scripture speaks of the seventh only and not of the eighth day! The only solution, therefore, is that the seven days' libation is based on a tradition; for R. 'Asi said in the name of R. Johanan, who in turn said it in the name of R. Neḥunya of the Plain of Bet-Ḥawartan: The laws concerning the ten plants, the willow-branch, and the water libation are halakas given to Moses on Sinai.

'Ulla, or, according to some, R. Judah, further said: Winds and clouds and sunshine after rain are as good as rain. What does this enumeration exclude? It excludes the glow after sunset and sunshine between clouds.

R. Papa said to Abaye: Why do we use this “from his issue” to include a zav who has had two observations, and the other “from his issue” to exclude a zav who has had two observations?

The passage beginning “Make known to Jerusalem her abominations” (Ezekiel 16) is both read and translated. This is obvious! This is stated to exclude the view of R. Elazar, as it has been taught: I happened that a man read in the presence of R. Elazar, “Make known to Jerusalem her abominations.” He said to him, While you are investigating the abominations of Jerusalem, go and investigate the abominations of your own mother. They investigated him, and he was found to be illegitimate.

And one of doubtful sex and one of double sex etc. Our Rabbis have taught, The use of the word, "male," is to exclude the women; "thy males" to exclude the one of doubtful and the one of double sex; "all thy males" to include the children (Ex. xxiii. 17, Deut. xvi. 16). The Mishnah teacher said, Male is to exclude the women. But why do I need a verse as above, to teach me this? Inasmuch as it is a case of a positive precept in which the time determines. And from all positive precepts in which the time determines, women are exempt. Nay, but it is needed. You might have thought, We learn of a twofold appearing before the Lord from the section, "Assemble." As in the one case women are bound, so in the other case women are bound. We learn it from this.

And one of doubtful sex and one of double sex etc. Our Rabbis have taught, The use of the word, "male," is to exclude the women; "thy males" to exclude the one of doubtful and the one of double sex; "all thy males" to include the children (Ex. xxiii. 17, Deut. xvi. 16). The Mishnah teacher said, Male is to exclude the women. But why do I need a verse as above, to teach me this? Inasmuch as it is a case of a positive precept in which the time determines. And from all positive precepts in which the time determines, women are exempt. Nay, but it is needed. You might have thought, We learn of a twofold appearing before the Lord from the section, "Assemble." As in the one case women are bound, so in the other case women are bound. We learn it from this.

And one of doubtful sex and one of double sex etc. Our Rabbis have taught, The use of the word, "male," is to exclude the women; "thy males" to exclude the one of doubtful and the one of double sex; "all thy males" to include the children (Ex. xxiii. 17, Deut. xvi. 16). The Mishnah teacher said, Male is to exclude the women. But why do I need a verse as above, to teach me this? Inasmuch as it is a case of a positive precept in which the time determines. And from all positive precepts in which the time determines, women are exempt. Nay, but it is needed. You might have thought, We learn of a twofold appearing before the Lord from the section, "Assemble." As in the one case women are bound, so in the other case women are bound. We learn it from this.

The Mishnah teacher said, The expression "thy males" is to exclude the one of doubtful and the one of double sex. It is all right as regards the latter. This was necessary. You might have imagined that, since he has a shred of virility, he is bound. We learn from this that his case is one sui generis. But as for the former, this was a dubious case. How was a verse necessary to remove the doubt? Abai said, Si eius ovaria externa sunt.

There is a Baraitha. R. Eliezer says, They have something upon which they may rest, for it is said, "when he shall separate," "when he shall separate," twice (Lev. xxvii. 2, Numb. vi. 2). One separation has to do with binding and one separation with dissolving. R. Joshua says, They have something upon which they may rest, for it is said, "Wherefore I sware in my wrath" (Ps. xcv. 11). In my wrath I sware, and I relented. R. Isaac says, They have something upon which they may rest, for it is said, "Whosoever is of a willing heart" (Exod. xxxv. 5). Chănaniah, nephew of R. Joshua, says, They have something on which they may rest, for it is said, "I have sworn and have fulfilled it, that I will observe thy righteous judgments" (Ps. cxix. 106). R. Jehudah said that R. Samuel said, If I had been there, I would have said to them, Mine is much better than yours, for it is said, "He shall not break his word" (Numb. xxx. 3, E.V. 2). He is not to break it, but afterwards it may be broken for him. Rabba said, There is an objection to all of them except Samuel's, for there is no objection to his. For if we take that of R. Eliezer, perhaps the truth rests with R. Jehudah, who said it in the name of R. Tarphon, for there is a Baraitha, R. Jehudah says in the name of R. Tarphon, I grant fully that neither of them is a Nazirite, for the state of a Nazirite is not given except on condition of separation. If we take the words of R. Joshua, perhaps the meaning is this, I sware in my wrath, and I will not relent. If we take the words of R. Isaac, perhaps it is to exclude the explanation of Samuel, for Samuel said, If a man has determined in his heart, it is further needful that he should utter it with his lips. Lo, we learn from this, that even though he has not uttered it with his lips, he is bound. If we take the words of Chănaniah, nephew of R. Joshua, perhaps it is as R. Gidel reported that Rab said; for R. Gidel said that Rab said, Whence do we find that an oath is meritorious? Because it is said, "I have sworn and have fulfilled it that I will observe thy righteous judgments" (Ps. cxix. 106). But the words of Samuel are open to no objection. Rabba said, or, if you like, R. Nachman bar Isaac said, This accords with the proverbial saying, Better is one grain of pepper than a basket full of dates.

Gemara: Our rabbis taught [in a baraita]: "'Without vision' (Numbers 35:23)—to exclude the blind person—words of Rabbi Yehudah. Rabbi Meir says: '"Without vision" (Numbers 35:23)—to include the blind person.'"

And Rabbi Meir?: "Without vision"—to exclude [the blind person]. "Without knowledge"—to exclude. Thus its an exclusion after an exclusion, and an exclusion after an exclusion only includes.

And Rabbi Meir?: "Without vision"—to exclude [the blind person]. "Without knowledge"—to exclude. Thus its an exclusion after an exclusion, and an exclusion after an exclusion only includes.

And Rabbi Yehudah?: "Without knowledge"—[this verse] comes to exclude the one who intends.

And does this not come to exclude [an incision] for a house that fell or a ship that sank at sea?