gamaliel

During the week in which the ninth of Av falls it is forbidden to cut the hair and to wash clothes but on Thursday it is permitted in honor of Shabbat. On the eve of the ninth of Av one should not eat a meal of two cooked dishes, nor should he eat meat or drink wine. Rabban Shimon ben Gamaliel says: one should make change [his diet.] Rabbi Judah obligated turning over the bed, but the sages did not agree with him.

Rabban Shimon ben Gamaliel said: There were no days of joy in Israel greater than the fifteenth of Av and Yom Kippur. On these days the daughters of Jerusalem would go out in borrowed white garments in order not to shame any one who had none. All these garments required immersion. The daughters of Jerusalem come out and dance in the vineyards. What would they say? Young man, lift up your eyes and see what you choose for yourself. Do not set your eyes on beauty but set your eyes on the family. “Grace is deceitful, and beauty is vain, but a woman that fears the Lord, she shall be praised” (Proverbs 31:30). And it further says, “Give her of the fruit of her hands; and let her works praise her in the gates” (ibid, 31:31). Similarly it says, “O maidens of Zion, go forth and gaze upon King Solomon wearing the crown that his mother gave him on his wedding day, on the day of the gladness of his heart” (Song of Songs 3:11). “On his wedding day”: this refers to Matan Torah (the Giving of the Torah). “And on the day of the gladness of his heart”: this refers to the building of the Temple; may it be rebuilt speedily in our days, Amen.

There is no difference between scrolls [of the Tanakh] and tefillin and mezuzahs except that scrolls may be written in any language whereas tefillin and mezuzahs may be written only in Assyrian. Rabban Shimon ben Gamaliel says that scrolls [of the Tanakh] were permitted [by the sages] to be written only in Greek.

Rabbi Eliezer says: From the time the Temple was destroyed, Atzeret (Shavuot) is like Shabbat. Rabban Gamaliel says: Rosh Hashanah and Yom Kippur are like festivals. The sages say: [the rule is] not according to the words of this one nor that one, rather Atzeret is like the festivals and Rosh Hashanah and Yom Kippur are like Shabbat.

Rabban Gamaliel says: There is no [validity] to a get given after a get, nor to a ma’amar after a ma’amar, nor to an act of sexual intercourse after another act of sexual intercourse, nor to a halitzah after another halitzah. However, the Sages say: There is [validity] to a get given after a get, and to a ma’amar after a ma’amar but not to an act of sexual intercourse after another act of sexual intercourse, or to a halitzah after another halitzah.

If two brothers were married to two sisters who were minors and orphans, and the husband of one of them died, [the widow] is free since she is the [the yavam’s] wife’s sister. Similarly in the case of two deaf-mute [sisters]. [If the two brothers were married to two sisters one of whom was] of age and [the other] a minor, if the husband of the minor died, the minor is free since she is the [the yavam’s] wife’s sister. If the husband of the elder sister died: Rabbi Eliezer says the minor is to be instructed to make a declaration of refusal against him. Rabban Gamaliel says: If she made a declaration of refusal, then she did so; but if [she did] not, let her wait until she is of age and then she will be free since she is the [the yavam’s] wife's sister. Rabbi Joshua says: Woe to him because of his wife and woe to him because of his brother’s wife! He must allow his wife to go by [giving her] a get, and [he must let go] his brother’s wife through halitzah.

Rabbi Akiva said: When I went down to Nehardea to intercalate the year, I met Nehemiah of Bet D’li who said to me, “I heard that in the land of Israel no one, permits a [married] woman to marry again on the evidence of one witness, except Rabbi Judah ben Bava”. “That is so”, I told him. He said to me, “Tell them in my name: ‘You know that this country is in confusion because of marauders. I have received a tradition from Rabban Gamaliel the Elder: that they allow a [married] woman to remarry on the evidence of one witness’”. And when I came and recounted the conversation in the presence of Rabban Gamaliel he rejoiced at my words and exclaimed, “We have found a match for Rabbi Judah ben Bava!” As a result of this talk Rabban Gamaliel remembered that some men were once killed at Tel Arza, and that Rabban Gamaliel the Elder had allowed their wives to marry again on the evidence of one witness, and the law was established that they allow a woman to marry again on the evidence of one witness, and on the testimony of one [who states that he has heard] from another witness, from a slave, from a woman or from a female slave. Rabbi Eliezer and Rabbi Joshua say: a woman is not be allowed to remarry on the evidence of one witness. Rabbi Akiva ruled: [a woman is not allowed to marry again] on the evidence of a woman, on that of a slave, on that of a female slave or on that of relatives. They said to him: It once happened that a number of Levites went to Tsoar, the city of palms, and one of them became ill on the way, and they left him in an inn. When they returned they asked the [female] innkeeper, “Where is our friend?” And she replied, “He is dead and I buried him”, and they allowed his wife to remarry. Should not then a priest’s wife [be believed at least as much] as an innkeeper!” He answered them: When she will [give such evidence] as the innkeeper [gave] she will be believed, for the innkeeper had brought out to them [the dead man’s] staff, his bag and the Torah scroll which he had with him.

Rabbi Akiva said: When I went down to Nehardea to intercalate the year, I met Nehemiah of Bet D’li who said to me, “I heard that in the land of Israel no one, permits a [married] woman to marry again on the evidence of one witness, except Rabbi Judah ben Bava”. “That is so”, I told him. He said to me, “Tell them in my name: ‘You know that this country is in confusion because of marauders. I have received a tradition from Rabban Gamaliel the Elder: that they allow a [married] woman to remarry on the evidence of one witness’”. And when I came and recounted the conversation in the presence of Rabban Gamaliel he rejoiced at my words and exclaimed, “We have found a match for Rabbi Judah ben Bava!” As a result of this talk Rabban Gamaliel remembered that some men were once killed at Tel Arza, and that Rabban Gamaliel the Elder had allowed their wives to marry again on the evidence of one witness, and the law was established that they allow a woman to marry again on the evidence of one witness, and on the testimony of one [who states that he has heard] from another witness, from a slave, from a woman or from a female slave. Rabbi Eliezer and Rabbi Joshua say: a woman is not be allowed to remarry on the evidence of one witness. Rabbi Akiva ruled: [a woman is not allowed to marry again] on the evidence of a woman, on that of a slave, on that of a female slave or on that of relatives. They said to him: It once happened that a number of Levites went to Tsoar, the city of palms, and one of them became ill on the way, and they left him in an inn. When they returned they asked the [female] innkeeper, “Where is our friend?” And she replied, “He is dead and I buried him”, and they allowed his wife to remarry. Should not then a priest’s wife [be believed at least as much] as an innkeeper!” He answered them: When she will [give such evidence] as the innkeeper [gave] she will be believed, for the innkeeper had brought out to them [the dead man’s] staff, his bag and the Torah scroll which he had with him.

Rabbi Akiva said: When I went down to Nehardea to intercalate the year, I met Nehemiah of Bet D’li who said to me, “I heard that in the land of Israel no one, permits a [married] woman to marry again on the evidence of one witness, except Rabbi Judah ben Bava”. “That is so”, I told him. He said to me, “Tell them in my name: ‘You know that this country is in confusion because of marauders. I have received a tradition from Rabban Gamaliel the Elder: that they allow a [married] woman to remarry on the evidence of one witness’”. And when I came and recounted the conversation in the presence of Rabban Gamaliel he rejoiced at my words and exclaimed, “We have found a match for Rabbi Judah ben Bava!” As a result of this talk Rabban Gamaliel remembered that some men were once killed at Tel Arza, and that Rabban Gamaliel the Elder had allowed their wives to marry again on the evidence of one witness, and the law was established that they allow a woman to marry again on the evidence of one witness, and on the testimony of one [who states that he has heard] from another witness, from a slave, from a woman or from a female slave. Rabbi Eliezer and Rabbi Joshua say: a woman is not be allowed to remarry on the evidence of one witness. Rabbi Akiva ruled: [a woman is not allowed to marry again] on the evidence of a woman, on that of a slave, on that of a female slave or on that of relatives. They said to him: It once happened that a number of Levites went to Tsoar, the city of palms, and one of them became ill on the way, and they left him in an inn. When they returned they asked the [female] innkeeper, “Where is our friend?” And she replied, “He is dead and I buried him”, and they allowed his wife to remarry. Should not then a priest’s wife [be believed at least as much] as an innkeeper!” He answered them: When she will [give such evidence] as the innkeeper [gave] she will be believed, for the innkeeper had brought out to them [the dead man’s] staff, his bag and the Torah scroll which he had with him.

Rabbi Akiva said: When I went down to Nehardea to intercalate the year, I met Nehemiah of Bet D’li who said to me, “I heard that in the land of Israel no one, permits a [married] woman to marry again on the evidence of one witness, except Rabbi Judah ben Bava”. “That is so”, I told him. He said to me, “Tell them in my name: ‘You know that this country is in confusion because of marauders. I have received a tradition from Rabban Gamaliel the Elder: that they allow a [married] woman to remarry on the evidence of one witness’”. And when I came and recounted the conversation in the presence of Rabban Gamaliel he rejoiced at my words and exclaimed, “We have found a match for Rabbi Judah ben Bava!” As a result of this talk Rabban Gamaliel remembered that some men were once killed at Tel Arza, and that Rabban Gamaliel the Elder had allowed their wives to marry again on the evidence of one witness, and the law was established that they allow a woman to marry again on the evidence of one witness, and on the testimony of one [who states that he has heard] from another witness, from a slave, from a woman or from a female slave. Rabbi Eliezer and Rabbi Joshua say: a woman is not be allowed to remarry on the evidence of one witness. Rabbi Akiva ruled: [a woman is not allowed to marry again] on the evidence of a woman, on that of a slave, on that of a female slave or on that of relatives. They said to him: It once happened that a number of Levites went to Tsoar, the city of palms, and one of them became ill on the way, and they left him in an inn. When they returned they asked the [female] innkeeper, “Where is our friend?” And she replied, “He is dead and I buried him”, and they allowed his wife to remarry. Should not then a priest’s wife [be believed at least as much] as an innkeeper!” He answered them: When she will [give such evidence] as the innkeeper [gave] she will be believed, for the innkeeper had brought out to them [the dead man’s] staff, his bag and the Torah scroll which he had with him.

If a man marries a woman and does not find her to be a virgin: She says, “After you betrothed me I was raped, and so your field has been washed away” And he says, “No, rather [it occurred] before I betrothed you and my acquisition was a mistaken acquisition” Rabban Gamaliel and Rabbi Eliezer say: she is believed. Rabbi Joshua says: We do not live by her mouth, rather she is in the presumption of having had intercourse before she was betrothed and having deceived him, until she brings proof for her statement.

She says, “I was struck by a piece of wood”, And he says, “No, you, rather you have been trampled by a man” Rabban gamaliel and Rabbi Eliezer say: she is believed, And Rabbi Joshua says: We do not live by her mouth, rather she is in the presumption of having been trampled by a man, until she brings proof for her statement.

They saw her talking with someone in the marketplace, and they said to her, “What sort of a man is he?” [And she answered, “He is] the so-and-so and he is a priest” Rabban Gamaliel and Rabbi Eliezer say: she is believed, And Rabbi Joshua says: we do not live by her mouth, rather she is in the presumption of having had relations with a natin or a mamzer, until she brings proof for her statement.

She was pregnant and they said to her, “What is the nature of this fetus?’ [And she answered, “It is] from so-and-so and he is a priest.” Rabban Gamaliel and Rabbi Eliezer say: she is believed, And Rabbi Joshua says: we do not live by her mouth, rather she is in the presumption of having had relations with a natin or a mamzer, until she brings proof for her statement.

Rabbi Judah says: one does not raise [a person] to the priesthood through the testimony of one witness. Rabbi Elazar says: When is this true? When there are people who object; but when there are no people who object, one raises [a person] to the priesthood through the testimony of one witness. Rabban Shimon ben Gamaliel says in the name of Rabbi Shimon the son of the assistant chief of priests: one raises [a person] to the priesthood through the testimony of one witness.

The following are the kinds of work which a woman must perform for her husband: Grinding, Baking, Washing, Cooking, Nursing her child, Preparing his bed, And working in wool. If she brought one slave-woman into the marriage she need not grind or bake or wash. [If she brought] two slave-women, she need not cook or nurse her child. If three, she need not prepare his bed or work in wool. If four, she may lounge in an easy chair. Rabbi Eliezer says: even if she brought him a hundred slave-women he may compel her to work in wool; for idleness leads to unchastity. Rabban Shimon ben Gamaliel says: if a man forbade his wife under a vow to do any work he must divorce her and give her kethubah to her for idleness leads to insanity.

If a woman agreed to bring him cash, every sela’ counts as six denarii. The bridegroom must accept upon himself [to give his wife] ten denarii for her [perfume] basket for each maneh [which she brings as dowry]. Rabban Shimon ben Gamaliel said: in all matters the local usage shall be followed.

A man in whom defects have arisen [after marriage] cannot be forced to divorce [his wife]. Rabban Shimon ben Gamaliel said: To what does this apply: to minor defects, but with regard to major defects he can be forced to divorce her.

If a woman came into the possession of property before she was betrothed, Bet Shammai and Bet Hillel agree that she may sell it or give it away and her act is legally valid. If she came into the possession of property after she was betrothed, Bet Shammai says: she may sell it, and Beth Hillel says: she may not sell it. Both agree that if she had sold it or given it away her act is legally valid. Rabbi Judah said: they argued before Rabban Gamaliel, “Since the man acquires the woman does he not also acquire her property?” If she came into the possession of property after she was married, both agree that, even if she had sold it or given it away, the husband may seize it from the buyers. [If she came into possession] before she married and then she married, Rabban Gamaliel says: if she sold it or gave it away her act is legally valid. Rabbi Hanina ben Akavya said: they argued before Rabban Gamaliel, “Since the man acquires the woman does he not also gain acquires her property?” He replied, “We are embarrassed with regard to her new possessions and you wish to roll over on us her old ones as well?”

If a woman came into the possession of property before she was betrothed, Bet Shammai and Bet Hillel agree that she may sell it or give it away and her act is legally valid. If she came into the possession of property after she was betrothed, Bet Shammai says: she may sell it, and Beth Hillel says: she may not sell it. Both agree that if she had sold it or given it away her act is legally valid. Rabbi Judah said: they argued before Rabban Gamaliel, “Since the man acquires the woman does he not also acquire her property?” If she came into the possession of property after she was married, both agree that, even if she had sold it or given it away, the husband may seize it from the buyers. [If she came into possession] before she married and then she married, Rabban Gamaliel says: if she sold it or gave it away her act is legally valid. Rabbi Hanina ben Akavya said: they argued before Rabban Gamaliel, “Since the man acquires the woman does he not also gain acquires her property?” He replied, “We are embarrassed with regard to her new possessions and you wish to roll over on us her old ones as well?”

If a woman came into the possession of property before she was betrothed, Bet Shammai and Bet Hillel agree that she may sell it or give it away and her act is legally valid. If she came into the possession of property after she was betrothed, Bet Shammai says: she may sell it, and Beth Hillel says: she may not sell it. Both agree that if she had sold it or given it away her act is legally valid. Rabbi Judah said: they argued before Rabban Gamaliel, “Since the man acquires the woman does he not also acquire her property?” If she came into the possession of property after she was married, both agree that, even if she had sold it or given it away, the husband may seize it from the buyers. [If she came into possession] before she married and then she married, Rabban Gamaliel says: if she sold it or gave it away her act is legally valid. Rabbi Hanina ben Akavya said: they argued before Rabban Gamaliel, “Since the man acquires the woman does he not also gain acquires her property?” He replied, “We are embarrassed with regard to her new possessions and you wish to roll over on us her old ones as well?”

If she inherited old slaves or female slaves, they are to be sold, and land purchased with the proceeds, and the husband can enjoy the usufruct. Rabban Shimon ben Gamaliel says: she need not sell them, because they are the glory of her father’s house. If she inherited old olive-trees or vines they must be sold, and land purchased with the proceeds, and the husband can enjoy the usufruct. Rabbi Judah says: she need not sell them, because they are the glory of her paternal house. He who spent money in connection with his wife’s property, whether he spent much and consumed little, [or spent] little and consumed much, what he has spent he has spent, and what he has consumed he has consumed. If he spent but did not consume he may take an oath as to how much he has spent and receive compensation.

If a husband writes to his wife, “I have no claim whatsoever upon your property”, he may enjoy its usufruct during her lifetime and, when she dies, he is her heir. If so, why might he have written to her, “I have no claim whatsoever upon your property”? That if she sold it or gave it away her act is valid. If he wrote, “I have no claim whatsoever upon your property and upon their produce”, he may not enjoy their usufruct during her lifetime but, when she dies, he inherits her. Rabbi Judah says: he may in all cases enjoy the usufruct from the usufruct unless he wrote to her: “I have no claim whatsoever upon your property and upon its produce and the produce of its produce and so on without end.” If he wrote, “I have no claim whatsoever upon your property, its produce and the produce of its produce during your lifetime and after your death”, he may neither enjoy it produce during her lifetime nor does he inherit her when she dies. Rabban Shimon ben Gamaliel says: when she dies he inherits her because [by his declaration] he is making a condition which is contrary to what is written in the Torah and whenever a man makes a condition which is contrary to what is written in the Torah, his condition is null and void.

If she produced a get without a ketubah, she collects her kethubah. [If she produced her] ketubah without a get, and she says, “My get was lost”, and he says, “My receipt was lost”, and also a creditor who produced a debt document that was unaccompanied by a prosbul, these are not paid back. Rabban Shimon ben Gamaliel says: from the time of danger a woman collects her ketubah with out a get and a creditor collects [his debt] without a prosbul. [A woman who produced] two letters of divorce and two ketuboth collects two kethuboth. Two kethuboth and one get or one kethubah and two gittin, or a kethubah, a get and [evidence of her husband’s] death, she collects one kethubah only, for a man who divorces his wife and then remarries her contracts his second marriage on the condition of the first kethubah. A minor whose his father had given him in marriage, the ketubah of his wife is valid, since it is on this condition that he kept her as his wife. A convert who converted with his wife, the kethubah remains valid, since it is on this condition that he kept her as his wife.

If a widow whose ketubah was two hundred zuz sold [land] worth a maneh for two hundred zuz or [land] worth two hundred zuz for one maneh, she has received her ketubah. If her kethubah was one maneh, and she sold [land] worth a maneh and a denar’ for one maneh, her sale is void. Even if she says, “I will return the denar to the heirs”, her sale is void. Rabban Shimon ben Gamaliel says: her sale is always valid unless there was so much land there as to allow her to leave a field of nine kab, and from a garden an area of half a kab, or, according to Rabbi Akiba, a quarter of a kab. If her ketubah was four hundred zuz and she sold [land] to [three] persons, to each for one maneh, and to a fourth [she sold] what was worth a maneh and a denar for one maneh, [the sale] to the last person is void but [the sale] to all the others are valid.

If an assessment of the judges was one sixth less, or one sixth more [than the actual value of the property] their sale is void. Rabban Shimon ben Gamaliel says: their sale is valid for, otherwise, of what advantage is the power of a court? But if they made a bill for inspection, their sale is valid even if they sold for two hundred zuz what was worth one maneh or for one maneh what was worth two hundred zuz.

As long as she lives in her father’s house she may collect her kethubah at any time. As long as she lives in her husband’s house she may recover her ketubah, only within twenty-five years, because in the course of twenty-five years she has sufficient opportunities to give favors equal [in value to the amount of] her ketubah, the words of Rabbi Meir who spoke in the name of Rabban Shimon ben Gamaliel. The Sages say: as long as she lives in her husband’s house she may collect her ketubah at any time. As long as she lives in her father’s house she may collect her ketubah only within twenty-five years. If [the widow] died, her heirs must mention her ketubah within twenty-five years.

Admon said seven [rulings]: If a man dies and leaves sons and daughters, if the estate is large, the sons inherit it and the daughters are maintained [from it]. And if the estate is small, the daughters are maintained from it, and the sons can go begging. Admon said, “Just because I’m a male I lose out!” Rabban Gamaliel said; I agree with the words of Admon.

If he claims from his neighbor jars of oil, and he admits [his claim to the empty] jars, Admon says, since he admits to him a portion of the claim, he must swear. But the Sages say: the admission is not of the same kind as the claim. Rabban Gamaliel said: I agree with the words of Admon.

If a man promised a money to his [prospective] son-in-law and then defaulted, [his daughter] shall sit until her hair turns white. Admon says: She may say, “Had I myself promised the sum I would sit until my hair turns white, but now that my father has promised it, what can I do? Either marry me or set me free.” Rabban Gamaliel said: I agree with the words of Admon.

[The following regions are regarded as] three countries in respect of marriage: Judaea, Transjordan and Galilee. [A husband] may not take out [his wife with him] from one town to another or from one city to an other. But within the same country he may take her out with him from one town into another town or from one city into an other city, but not from a town to a city nor from a city to a town. [A man] may take out [his wife with him] from an inferior to a superior dwelling, but not from a superior to an inferior dwelling. Rabban Shimon ben Gamaliel says: not even from an inferior dwelling to a superior dwelling, because the [change to a] superior dwelling tests.

Everyone may compel [their spouse] to go up to the land of Israel, but none may compel [their spouse] to leave. Everyone may compel [their spouse] to go up to Jerusalem, but none may compel [their spouse] to leave. The same is true for both men and women and [slaves]. If a man married a woman in the land of Israel and divorced her in the land of Israel, he must pay her [her ketubah] in the currency of the land of Israel. If he married a woman in the land of Israel and divorced her in Cappadocia he must pay her [her ketubah] in the currency of the land of Israel. If he married a woman in Cappadocia and divorced her in the land of Israel, he must a gain pay [her ketubah] in the currency of the land of Israel. Rabban Shimon ben Gamaliel says that he must pay her [her ketubah] in the Cappadocian currency.

[If one vows,] “Until the rains,” [or], “Until the rains shall be”, [he is forbidden] until the second rainfall descends. Rabban Shimon ben Gamaliel says: until the [normal] time for the [second] rainfall is reached. [If one vows,] “Until the rains cease,” [he is forbidden] until all of Nisan is completed, the words of Rabbi Meir. Rabbi Judah says: Until Pesach is over. [If one vows,] “Konam that I taste not wine for a year”, if the year is intercalated, he is forbidden during the year and its extension. [If one says,] “Until the beginning of Adar,” [he is forbidden] until the beginning of the first Adar; “Until the end of Adar,” until the end of the first Adar. Rabbi Judah says: [If one vows, “Konam that I taste no wine until Pesach shall be,” he is forbidden only until Pesach night, for he meant until the hour when people usually drink wine.

Rabban Shimon ben Gamaliel says: if he brought three animals without specifying [what they were for], the one suitable for a sin offering is sacrificed as a sin offering, for a burnt offering as a burnt offering, and for a well-being offering as a well-being offering. He would then take the hair of his nazirite head and threw it under the cauldron. If he shaved in the province he [also] would throw it under the cauldron. With regard to what was this said? With regard to shaving in ritual purity, whereas in shaving [after] ritual defilement he does not throw it under the cauldron. Rabbi Meir says: all [nazirites] throw it under the cauldron, except for the defiled nazirite [who shaved] in the provinces.

[The husband] brings her meal-offering in a basket of palm-twigs and places it upon her hands in order to weary her. With all other meal-offerings, their beginning and their end are in ministering vessels; but with this, its beginning is in a basket of palm-twigs and its end in a ministering vessel. All other meal-offerings require oil and frankincense, but this requires neither oil nor frankincense. All other meal-offerings come from wheat, but this comes from barley. The meal-offering of the Omer, although it comes from barley, was in the form of sifted flour; but this comes from unsifted flour. Rabban Gamaliel says: just as her actions were the actions of an animal, so her offering [consisted of] animal's fodder.

When the former prophets died, the Urim and Thummim ceased. When Temple was destroyed, the shamir and nopheth zufim ceased. And people of faith ceased, as it says, “Help, O Lord, for the faithful are no more” (Psalms 12:2). Rabban Shimon ben Gamaliel in the name of Rabbi Joshua: from the day the Temple was destroyed, there is no day without a curse, the dew has not descended for a blessing, and the flavor has departed from produce. Rabbi Yose says: the fatness was also removed from produce.

When Rabbi Meir died, the composers of fables ceased. When Ben Azzai died, the diligent students [of Torah] ceased. When Ben Zoma died, the expounders ceased. When Rabbi Joshua died, goodness ceased from the world. When Rabban Shimon ben Gamaliel died, locusts come and troubles multiplied. When Rabbi Elazar ben Azaryah died, the sages ceased to be wealthy. When Rabbi Akiba died, the glory of the Torah ceased. When Rabbi Hanina ben Dosa died, men of wondrous deeds ceased. When Rabbi Yose Katnuta died, the pious men (hasidim) ceased and why was his name called Katnuta? Because he was the youngest of the pious men. When Rabban Yohanan ben Zakkai died, the splendor of wisdom ceased. When Rabban Gamaliel the elder died, the glory of the torah ceased, and purity and separateness perished. When Rabbi Ishmael ben Fabi died, the splendor of the priesthood ceased. When Rabbi died, humility and fear of sin ceased. Rabbi Phineas ben Yair says: when Temple was destroyed, scholars and freemen were ashamed and covered their head, men of wondrous deeds were disregarded, and violent men and big talkers grew powerful. And nobody expounds, nobody seeks, and nobody asks. Upon whom shall we depend? Upon our father who is in heaven. Rabbi Eliezer the Great says: from the day the Temple was destroyed, the sages began to be like scribes, scribes like synagogue-attendants, synagogue-attendants like common people, and the common people became more and more debased. And nobody seeks. Upon whom shall we depend? Upon our father who is in heaven. In the footsteps of the messiah insolence (hutzpah) will increase and the cost of living will go up greatly; the vine will yield its fruit, but wine will be expensive; the government will turn to heresy, and there will be no one to rebuke; the meeting-place [of scholars] will be used for licentiousness; the Galilee will be destroyed, the Gablan will be desolated, and the dwellers on the frontier will go about [begging] from place to place without anyone to take pity on them; the wisdom of the learned will rot, fearers of sin will be despised, and the truth will be lacking; youths will put old men to shame, the old will stand up in the presence of the young, “For son spurns father, daughter rises up against mother, daughter-in-law against mother-in-law a man’s own household are his enemies” (Micah 7:6). The face of the generation will be like the face of a dog, a son will not feel ashamed before his father. Upon whom shall we depend? Upon our father who is in heaven. Rabbi Pinchas ben Yair says, “Heedfulness leads to cleanliness, cleanliness leads to purity, purity leads to separation, separation leads to holiness, holiness leads to modesty, modesty leads to fear of sin, fear of sin leads to piety, piety leads to the Holy Spirit, The Holy Spirit leads to the resurrection of the dead, and the resurrection of the dead comes from Elijah, blessed be his memory, Amen.”

When Rabbi Meir died, the composers of fables ceased. When Ben Azzai died, the diligent students [of Torah] ceased. When Ben Zoma died, the expounders ceased. When Rabbi Joshua died, goodness ceased from the world. When Rabban Shimon ben Gamaliel died, locusts come and troubles multiplied. When Rabbi Elazar ben Azaryah died, the sages ceased to be wealthy. When Rabbi Akiba died, the glory of the Torah ceased. When Rabbi Hanina ben Dosa died, men of wondrous deeds ceased. When Rabbi Yose Katnuta died, the pious men (hasidim) ceased and why was his name called Katnuta? Because he was the youngest of the pious men. When Rabban Yohanan ben Zakkai died, the splendor of wisdom ceased. When Rabban Gamaliel the elder died, the glory of the torah ceased, and purity and separateness perished. When Rabbi Ishmael ben Fabi died, the splendor of the priesthood ceased. When Rabbi died, humility and fear of sin ceased. Rabbi Phineas ben Yair says: when Temple was destroyed, scholars and freemen were ashamed and covered their head, men of wondrous deeds were disregarded, and violent men and big talkers grew powerful. And nobody expounds, nobody seeks, and nobody asks. Upon whom shall we depend? Upon our father who is in heaven. Rabbi Eliezer the Great says: from the day the Temple was destroyed, the sages began to be like scribes, scribes like synagogue-attendants, synagogue-attendants like common people, and the common people became more and more debased. And nobody seeks. Upon whom shall we depend? Upon our father who is in heaven. In the footsteps of the messiah insolence (hutzpah) will increase and the cost of living will go up greatly; the vine will yield its fruit, but wine will be expensive; the government will turn to heresy, and there will be no one to rebuke; the meeting-place [of scholars] will be used for licentiousness; the Galilee will be destroyed, the Gablan will be desolated, and the dwellers on the frontier will go about [begging] from place to place without anyone to take pity on them; the wisdom of the learned will rot, fearers of sin will be despised, and the truth will be lacking; youths will put old men to shame, the old will stand up in the presence of the young, “For son spurns father, daughter rises up against mother, daughter-in-law against mother-in-law a man’s own household are his enemies” (Micah 7:6). The face of the generation will be like the face of a dog, a son will not feel ashamed before his father. Upon whom shall we depend? Upon our father who is in heaven. Rabbi Pinchas ben Yair says, “Heedfulness leads to cleanliness, cleanliness leads to purity, purity leads to separation, separation leads to holiness, holiness leads to modesty, modesty leads to fear of sin, fear of sin leads to piety, piety leads to the Holy Spirit, The Holy Spirit leads to the resurrection of the dead, and the resurrection of the dead comes from Elijah, blessed be his memory, Amen.”

One who brings a get from abroad [to the Land of Israel] must declare, “In my presence it was written and in my presence it was signed.” Rabban Gamaliel says: even one who brings it from Rekem or from Heger. Rabbi Eliezer says: even one who brings it from Kefar Ludim to Lud. The sages, however, say: declaration “In my presence it was written and in my presence it was signed” is required only from one who brings a get from abroad or who takes it there. One who brings [a get] from one province to another province in foreign lands is also required to declare, “In my presence it was written, and in my presence it was signed.” Rabban Shimon ben Gamaliel says: even from one hegemony to another hegemony.

One who brings a get from abroad [to the Land of Israel] must declare, “In my presence it was written and in my presence it was signed.” Rabban Gamaliel says: even one who brings it from Rekem or from Heger. Rabbi Eliezer says: even one who brings it from Kefar Ludim to Lud. The sages, however, say: declaration “In my presence it was written and in my presence it was signed” is required only from one who brings a get from abroad or who takes it there. One who brings [a get] from one province to another province in foreign lands is also required to declare, “In my presence it was written, and in my presence it was signed.” Rabban Shimon ben Gamaliel says: even from one hegemony to another hegemony.

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

Originally, a husband would bring together a court wherever he was and annul the get. Rabban Gamaliel the Elder established that this should not be done, because of tikkun olam. Originally the husband would change his name, or his wife’s name, or the name of his town or of his wife’s town. Rabban Gamaliel the Elder established that he should write, “The man so-and-so or any name that he has,”; “the woman so-and-so or any name that she has,” because of tikkun olam.

Originally, a husband would bring together a court wherever he was and annul the get. Rabban Gamaliel the Elder established that this should not be done, because of tikkun olam. Originally the husband would change his name, or his wife’s name, or the name of his town or of his wife’s town. Rabban Gamaliel the Elder established that he should write, “The man so-and-so or any name that he has,”; “the woman so-and-so or any name that she has,” because of tikkun olam.

A widow is paid back [her kethubah] from the property of orphans only by taking an oath. [When the court] refrained from imposing an oath on her, Rabban Gamaliel the Elder established that she could take any vow which the orphans wanted and collect her kethubah. Witnesses sign their names on a get because of tikkun olam. Hillel instituted the prosbul because of tikkun olam.

A [non-Jewish] slave [of a Jew] was taken captive and then ransomed [by a third party]: If [he is ransomed] to be a slave he goes back to slavery. If [he is ransomed] as a free man he does not go back to slavery. Rabban Shimon ben Gamaliel says: in either case he goes back to slavery. If a man makes his slave a pledge [for a debt] to another man and then he emancipates him, according to the “letter of the law” the slave is not liable to do anything. But because of tikkun olam we force his [second] master to emancipate him and he [the slave] writes a document for his purchase price. Rabban Shimon ben Gamaliel says that the slave does not write the document but rather the one who emancipates him.

A [non-Jewish] slave [of a Jew] was taken captive and then ransomed [by a third party]: If [he is ransomed] to be a slave he goes back to slavery. If [he is ransomed] as a free man he does not go back to slavery. Rabban Shimon ben Gamaliel says: in either case he goes back to slavery. If a man makes his slave a pledge [for a debt] to another man and then he emancipates him, according to the “letter of the law” the slave is not liable to do anything. But because of tikkun olam we force his [second] master to emancipate him and he [the slave] writes a document for his purchase price. Rabban Shimon ben Gamaliel says that the slave does not write the document but rather the one who emancipates him.

If a man sells his slave to a Gentile or [to someone living] outside the land [of Israel] the slave goes free. Captives should not be redeemed for more than their value, because of tikkun olam. Captives should not be helped to escape, because of tikkun olam. Rabban Shimon ben Gamaliel says [that the reason is] to prevent the ill-treatment of fellow captives. Torah scrolls of the law, tefillin and mezuzoth are not bought from Gentiles at more than their value, because of tikkun olam.

If a man says, “Receive this get on behalf of my wife”, or, “Carry this get to my wife”, if he desires to retract [before the wife receives it] he may do so. If a woman says, “Receive the get on my behalf”, [and he does so], if [the husband] wants to retract he may not do so. Therefore if the husband said to him, “I do not want you to receive it on her behalf, but rather carry it and give it to her”, then if he wishes to retract he may do so. Rabban Shimon ben Gamaliel says: even if the wife says “Take for me”, [and he does so] the husband may not retract.

If a man had been thrown into a pit and cried out, “Whoever hears his voice should write a get for his wife”, those who hear should write a get and give it to her. If a healthy man says, “Write a get for my wife”, his intention is merely to play with her. It once happened that a man in good health said, “Write a get for my wife”, and then went up on to a roof and fell and died, and Rabban Shimon ben Gamaliel said that the Sages said: if he had thrown himself down this is a get, but if the wind had blown him over it was not a get.

[If a husband says], “This is your get on condition that you give me two hundred zuz”, she is divorced and she has to give [him the money]. [If he says], “On condition that you give [the money to] within thirty days from now, if she gives him within thirty days she is divorced, but if not she is not divorced. Rabban Shimon ben Gamaliel says: “It happened in Sidon that a man said to his wife, “This is your get on condition that you give me my robe”, and his robe was lost, and the Sages said that she should give him its value in money.

[If a husband says], “This is your get on condition that you look after my father”, [or] “On condition that you nurse my child” How long must she nurse? Two years. Rabbi Judah says, eighteen months. If the child dies or the father dies, the get is valid. [If he says], “This is your get on condition that you look after my father for two years”, [or] “On condition that you nurse my child for two years”, if the child dies or if the father says, “I don’t want you to look after me”, even though she has not caused him to complain, the get is invalid. Rabban Shimon ben Gamaliel says: something like this is a get. Rabban Shimon ben Gamaliel said a general rule: wherever the obstacle does not arise from her side, the get is valid.

[If a husband says], “This is your get on condition that you look after my father”, [or] “On condition that you nurse my child” How long must she nurse? Two years. Rabbi Judah says, eighteen months. If the child dies or the father dies, the get is valid. [If he says], “This is your get on condition that you look after my father for two years”, [or] “On condition that you nurse my child for two years”, if the child dies or if the father says, “I don’t want you to look after me”, even though she has not caused him to complain, the get is invalid. Rabban Shimon ben Gamaliel says: something like this is a get. Rabban Shimon ben Gamaliel said a general rule: wherever the obstacle does not arise from her side, the get is valid.

Rabbi Meir says: every stipulation which is not like that of the children of Gad and the children of Reuben is not a [valid] stipulation, as it say, “And Moses said to them, ‘If the children of Gad and the children of Reuben will pass [with you over the Jordan, then you shall give them the land of Gilead for a possession].” and it is also written, “But if they will not pass over with you armed, [then they shall have possessions among you in the land of Canaan]” (Numbers 32:29-30). Rabbi Hanina ben Gamaliel says: the matter had to be stated, for had it not been stated it would have implied that even in Canaan they should not inherit.

If a man put out his chopped straw and stubble into the public domain to make them into fertilizer, and another was injured thereby, he is liable for his injury, and whoever comes first may take possession of them. Rabban Shimon ben Gamaliel says: “Whoever leaves things that are disruptive in the public domain, and these cause damage, must make restitution, and whoever comes first may take possession of them. If a man turned over a piece of cattle dung in the public domain and another was injured thereby, he is liable for injury.

If an ox intended [to gore] another ox and struck a woman and her offspring came forth [as a miscarriage], its owner is not liable for the value of the offspring. But if a man intended to strike his fellow and struck a woman and her offspring came forth [as a miscarriage], he must pay the value of the offspring. How does he pay the value of the offspring? They assess the value of the woman before she gave birth and the value after she gave birth. Rabban Shimon ben Gamaliel said: “If so, once a woman gives birth she is more valuable. Rather, they assess how much the offspring would be worth, and he pays it to the husband, or if she has no husband to his heirs.” If she was a freed bondwoman or a proselyte no penalty is incurred.

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

If a man deposited produce with his fellow, even if it should perish he may not touch it. Rabban Shimon ben Gamaliel says: “He may sell it before a court of law, since he is like someone who returns a lost object to its owners.”

One may evaluate cows and donkeys and anything that works and eats [and give them to one’s fellow to raise] in order to share the profit. Where the custom is to share the offspring immediately at birth, they do so; and where the custom is to first rear them [and then give them over to the owner], they do so. Rabban Shimon ben Gamaliel says: “One may evaluate a calf with its mother, and a foal with its mother [and give them to one’s fellow to raise in order to share the profit.] A tenant may offer increased rent in exchange for a loan to improve his field, without fearing that this is usury.

[A landowner] may lend his tenants wheat to be repaid in wheat, if it is for planting but not if it is for food. For Rabban Gamaliel used to lend his tenants wheat to be repaid in wheat when it was for planting. And if he lent it when the price was high and it afterward fell, or when it was low and it afterward rose, he used to take wheat back at the lower rate, not because such was the rule but because he wanted to be strict upon himself.

One may say to his fellow, “Help me weed and I will help you weed” or “Help me hoe and I will help you hoe.” But one may not say, “Help me weed and I will help you hoe”, or “Help me hoe and I will help you weed”. All days of the dry season are accounted alike, and all days of the rainy season are accounted alike. One may not say to another, “Help me plow in the dry season and I will help you plow in the rainy season.” Rabban Gamaliel says: “There is interest that is paid in advance and interest that is paid afterward. How is this so? If a one intended to borrow from another and made him a present and said, “This is so that you will lend to me”, this is interest that is paid in advance. If one borrowed from another and repaid it to him, and then sent a present and said, “This is for your money of which you have not had use while it was with me”, this is interest that is paid afterward. Rabbi Shimon says: “There is interest paid in words: one may not say to his creditor, “Know that such and such a person has come form such and such a place.”

If one hired laborers and told them to work early or to work late, he has no right to compel them to do so where the custom is not to work early or not to work late. In a place where the custom is to give them their food he should give it to them, and where the custom is to provide them with sweet food, he must give it to them. Everything should follow local custom. It once happened that Rabbi Yochanan ben Mattia said to his son: “Go and hire laborers for us”. He went and struck a deal to provide them with food. When he came to his father, his father said to him, “My son, even if you make them a banquet like Solomon’s in his time you will not have fulfilled your obligation to them. For they are sons of Abraham, Isaac and Jacob. But, rather, before they begin to work go and say to them, “On condition that I am not bound to give you more than bread and beans only.” Rabban Shimon ben Gamaliel says: “It was not necessary to speak thus, for everything should follow local use.”

If one leased a house to his fellow in the rainy season, he cannot make him leave it [during the time] from Sukkot to Pesach. In the summer, [he must give him] thirty days [warning]. And in large cities, whether it is during the rainy season or the summer [he must give] twelve months [warning]. [If one leased] a shop [to his fellow], whether in large cities or small towns, [he must give] twelve months [warning]. Rabban Shimon ben Gamaliel says: “If it is a shop occupied by bakers or dyers [he must give] three years [warning].

If one rented a house to his fellow by the year and the year was made a leap year, the extra month goes to the tenant. If he rented it by the month and the year was made a leap year, the extra month goes to the owner. It once happened in Tzippori that a person leased a bath-house from his fellow at “twelve golden dinars a year, one dinar per month”, and [when the year became a leap year] the case came before Rabban Shimon ben Gamaliel and Rabbi Yose, and they said: “Let them share the extra month.”

If one leased a field from his fellow with the condition that he sow barley, he may not sow wheat; [But if he leased the field with the condition that he sow] wheat, he may sow barley. Rabban Shimon ben Gamaliel forbids this. If one leased a field from his fellow with the condition that he sow grain, he may not sow beans; [But if he leased the field with the condition that he sow] beans, he may sow grain. Rabban Shimon ben Gamaliel forbids this.

If one leased a field from his fellow with the condition that he sow barley, he may not sow wheat; [But if he leased the field with the condition that he sow] wheat, he may sow barley. Rabban Shimon ben Gamaliel forbids this. If one leased a field from his fellow with the condition that he sow grain, he may not sow beans; [But if he leased the field with the condition that he sow] beans, he may sow grain. Rabban Shimon ben Gamaliel forbids this.

If one lent one’s fellow, he may exact a pledge from him only with the permission of a court, and he may not enter his house to take the pledge, as it is states, “You shall stand outside” (Deut. 24:1. If the borrower had two utensils, he may take one but must give back the other. And he must give back the pillow at night and the plow during the day. And if the creditor dies he need not return the pledge to his heirs. Rabban Shimon ben Gamaliel says: “Even to the debtor himself he need only return the pledge within thirty days [of the loan], and after thirty days he may sell it with the consent of the court. A pledge may not be taken from a widow, whether she be rich or poor, as it states, “Do not take the a widow’s garment as a pledge” (Deut. 24:17). If one takes a millstone as a pledge he violates a negative commandment and he is also in violation of both parts [of the millstone], as it states, “Do not take a mill or an upper millstone as a pledge” (Deut. 24:6). And they didn’t say just an upper millstone or a mill but anything that is necessary for food, as it states, “for that would be taking someone’s life as a pledge” (ibid.).

If one’s wall was near his fellow’s garden and it fell down and his fellow said to him, “Clear away your stones”, and he answered, “They have become yours”, they do not listen to him. If after the other (the owner of the garden) had accepted he (the owner of the wall) said to him, “Here is your expenditures and I will take back what is mine”, they do not listen to him. If one hired a laborer to help him in his work with chopped straw and stubble, and the laborer said to him, “Give me my wages”, and he said to him, “Take as your wages that with which you have labored”, they do not listen to him. If after the other (the employee) had accepted he (the employer) said to him, “Here are your wages and I will take what is mine”, they do not listen to him. One who removes his manure into the public domain: from the time he removes it another may take it to manure [his fields]. One may not soak clay or make bricks in the public domain, but clay may be kneaded in the public domain but not bricks. One who builds in the public domain: one brings the stones and another builds (immediately). And if he causes damage, he pays what he has damaged. Rabban Shimon ben Gamaliel says: “He may, indeed, make preparation for his work for thirty days [in the public domain].

They compel [a partner in a courtyard to contribute to] the building of a gate-house and a door for the courtyard. Rabban Shimon ben Gamaliel says: “Not all courtyards are fit for a gate-house.” They compel [a resident of the town to contribute to] the building of a wall for the town and double doors and a bolt. Rabban Shimon ben Gamaliel says: “Not every town is fit for a wall.” How long must a man dwell in a town to count as one of the men of the town? Twelve months. If he has purchased a dwelling place he immediately counts as one of the men of the town.

They compel [a partner in a courtyard to contribute to] the building of a gate-house and a door for the courtyard. Rabban Shimon ben Gamaliel says: “Not all courtyards are fit for a gate-house.” They compel [a resident of the town to contribute to] the building of a wall for the town and double doors and a bolt. Rabban Shimon ben Gamaliel says: “Not every town is fit for a wall.” How long must a man dwell in a town to count as one of the men of the town? Twelve months. If he has purchased a dwelling place he immediately counts as one of the men of the town.

If a man sold a town, he has also sold the houses, cisterns, trenches, caves, bath houses, dovecotes, olive presses, and irrigated fields, but not the movable property. But if he had said: “It and all that is in it”, even if cattle and slaves were in it, all of these are sold. Rabban Shimon ben Gamaliel says: “If a man sold a town he has also sold the town watchman.”

The wholesaler must clean out his measures once every thirty days and the householder once every twelve months. Rabban Shimon ben Gamaliel says: “The rule is just the opposite.” The shopkeeper must clean out his measures twice in the week and polish his weights once a week and clean out his scales after every weighing.

Rabban Shimon ben Gamaliel said: “When is this so (that one needs to clean out measures)? With regards to liquid measures, but with regards to dry measures it is not necessary. [And a shopkeeper] must let the scales sink down a handbreadth [to the buyer’s advantage]. If he gave him an exact measure, he must give him his overweight, a tenth for liquid measures and a twentieth for dry measures. Where the custom is to measure with small measures they should not measure with large measures and where the custom is to measure with large measures they should not measure with small measures. Where the custom is to smooth down [what is in the measure] they should not heap it up, and [where the custom is] to heap it up, they should not smooth it down.

If a man sold grain to his fellow [and after it was sown] it did not sprout, even if it was flax-seed he is not liable. Rabban Shimon ben Gamaliel says: “If it was garden-seeds, which are not used for food, he is liable.”

If a man sold his fellow a place to build him a house, so, too, if a man contracted with his fellow to build him a bridal-house for his son, or a widow’s house for his daughter, he must build it four cubits by six cubits (80 inches x 120 inches), according to Rabbi Akiva. Rabbi Yishmael says: “This is a cattle-shed”. He who wants to build a cattle-shed, should build it four cubits by six. A small house six by eight (120 x. A large house eight by ten (160 x. An eating hall ten by ten (200 x. The height should be [the sum] of half its length and half its breadth. Proof of the matter is the sanctuary. Rabban Shimon ben Gamaliel says: “Should all [houses] be according to the building of the Sanctuary?”

If a man sold to his fellow a place in which to make a tomb, so, too, if a man was commissioned by his fellow to make a tomb, he must make the inside of the vault four cubits by six, and open within it eight niches, three on this side, three on that side, and two opposite [the doorway]. The niches must be four cubits long, seven handbreadths high, and six handbreadths wide. Rabbi Shimon says: “He must make the inside of the vault four cubits by eight, and open within it thirteen niches, four on this side, four on that side, three opposite [the doorway] and one to the right of the doorway and one to the left. He must make a courtyard at the opening of the vault, six cubits by six, space enough for the bier and its bearers. And he may open within it two vaults, one on either side. Rabbi Shimon says: “Four, one on each of its sides.” Rabban Shimon ben Gamaliel says: “All depends on the nature of the rock.”

If a man says, “So and so, my firstborn son, shall not receive a double portion”, or “So and so, my son, shall not inherit with his brothers”, he has said nothing, for he has made a condition contrary to what is written in the Torah. If a man apportioned his property to his sons by word of mouth, and gave much to one and little to another, or made them equal to the firstborn, his words are valid. But if he had said [that it should be so] “by inheritance”, he has said nothing. If he had written down, whether at the beginning or in the middle or at the end [of his will] that it should be as a gift, his words are valid. If a man said, “So and so a man shall inherit from me” and he has a daughter; or “My daughter shall inherit from me”, and he has a son, he has said nothing, for he has made a condition contrary to what is written in the Torah. Rabbi Johanan ben Baroka says: “If he said [that so and so shall inherit from me] of one that was qualified to inherit from him, his words are valid, but if of one that was not qualified to inherit from him his words do not remain valid.” If a man wrote away his property to others and passed over his sons, what he has done is done, but the Sages are not comfortable with it. Rabban Shimon ben Gamaliel says: “If has sons did not behave properly, it should be counted to his credit.”

If a man died and left sons and daughters, and the property was great, the sons inherit and the daughters receive maintenance. But if the property was small the daughters receive maintenance and the sons go begging at people’s doors. Admon says: “The son may say, ‘Must I suffer a loss because I am a male’”. Rabban Gamaliel says: “I approve of Admon’s opinion.”

A simple document has the signatures within (at the bottom of the page); a sewn document has signatures behind [each fold]. If in a simple document its witnesses signed behind, or if in a sewn document its witnesses signed within, they are invalid. Rabbi Hanina ben Gamaliel says: “If in a sewn document its witnesses signed within, it is valid, since it can be made into a simple document.” Rabban Shimon ben Gamaliel says: “Everything should follow local custom.”

A simple document has the signatures within (at the bottom of the page); a sewn document has signatures behind [each fold]. If in a simple document its witnesses signed behind, or if in a sewn document its witnesses signed within, they are invalid. Rabbi Hanina ben Gamaliel says: “If in a sewn document its witnesses signed within, it is valid, since it can be made into a simple document.” Rabban Shimon ben Gamaliel says: “Everything should follow local custom.”

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

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

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

[Cases concerning offenses punishable by] beating [are decided] by three. In the name of Rabbi Yishmael they said twenty-three. The intercalation of the month and intercalation of the year [are decided] by three, according to Rabbi Meir. Rabban Shimon ben Gamaliel says: “The matter is begun by three, discussed by five, and decided upon by seven. But if they decided upon it with three, the intercalation is valid.”

So long as a litigant can produce proof he may overturn the verdict. If they had said to him, “Bring all of the proofs that you have within thirty days” and he brought them within thirty days, the court may overturn the verdict. But if he brought any proof after thirty days, the court cannot reverse the verdict. Rabban Shimon ben Gamaliel said: “What could he have done that he did not find [the proof] within thirty days but found it after thirty days?” If they had said to him, “Bring witnesses” and he said, “I have no witnesses”, or [if they said], “Bring proof”, and he said, “I have no proof”, and he later found proof or witnesses, then they are totally invalid. Rabban Shimon ben Gamaliel said: “What could he have done that he did not know that he had witnesses, then found witnesses, or that he did not know that he had proof, then found proof? If they had said to him, “Bring witnesses” and he said, “I have no witnesses”, or [if they said], “Bring proof”, and he said, “I have no proof”, but when he saw that he was about to be found obligated, he said, “Come near, so-and-so and so-and-so and testify for me!”, or if he brought forth some proof from his wallet, then they are totally invalid.

So long as a litigant can produce proof he may overturn the verdict. If they had said to him, “Bring all of the proofs that you have within thirty days” and he brought them within thirty days, the court may overturn the verdict. But if he brought any proof after thirty days, the court cannot reverse the verdict. Rabban Shimon ben Gamaliel said: “What could he have done that he did not find [the proof] within thirty days but found it after thirty days?” If they had said to him, “Bring witnesses” and he said, “I have no witnesses”, or [if they said], “Bring proof”, and he said, “I have no proof”, and he later found proof or witnesses, then they are totally invalid. Rabban Shimon ben Gamaliel said: “What could he have done that he did not know that he had witnesses, then found witnesses, or that he did not know that he had proof, then found proof? If they had said to him, “Bring witnesses” and he said, “I have no witnesses”, or [if they said], “Bring proof”, and he said, “I have no proof”, but when he saw that he was about to be found obligated, he said, “Come near, so-and-so and so-and-so and testify for me!”, or if he brought forth some proof from his wallet, then they are totally invalid.

If one fled after having been convicted at a court and again comes up before the same court, the [first] judgment is not set aside. Wherever two witnesses stand up and declare, “We testify that so and so was tried and convicted at a certain court and that so and so were the witnesses” the accused is executed. [Trials before] a sanhedrin are customary both in the land [of Israel] and outside it. A sanhedrin that executes once in seven years, is called murderous. Rabbi Eliezer b. Azariah Says: once in seventy years. Rabbi Tarfon and Rabbi Akiva say: “Had we been members of a sanhedrin, no person would ever be put to death. Rabban Shimon ben Gamaliel remarked: “They would also multiply murderers in Israel.”

All who have incurred [the penalty of] kareth, on being flogged are exempt from their punishment of kareth, for it says, “[He may be given up to forty lashes, but not more] ... lest your brother shall be dishonored before your eyes” (Deut. 25;3) once he has been lashed he is [considered] “your brother”, the words of Rabbi Hananiah ben Gamaliel. Rabbi Hananiah ben Gamaliel said: “Just as one who transgresses one transgression forfeits his life, how much more does one who performs one commandment have his life granted him.” Rabbi Shimon says: “You can learn this from its own passage; as it says: “[All who do any of those abhorrent things] such persons shall be cut off from their people” (Lev. 18:29), and it says: “You shall keep my statutes and my ordinances which if a man do, he shall live by them” (Lev. 18:5), which means that one who desists from transgressing is granted reward like one who performs a precept. Rabbi Shimon bar Rabbi says: Behold [the Torah] says, “But makes sure that you do not partake of the blood; for the blood is the life, and you must not consume the life with the flesh…[that it may go well with you and with your descendents to come..” (Deut. 12:23-25”-- now, if in the case of blood which a person’s soul loathes, anyone who refrains from it receives reward, how much more so in regard to robbery and sexual sin for which a person’s soul craves and longs shall one who refrains from them acquire merit for himself and for generations and generations to come, to the end of all generations!

All who have incurred [the penalty of] kareth, on being flogged are exempt from their punishment of kareth, for it says, “[He may be given up to forty lashes, but not more] ... lest your brother shall be dishonored before your eyes” (Deut. 25;3) once he has been lashed he is [considered] “your brother”, the words of Rabbi Hananiah ben Gamaliel. Rabbi Hananiah ben Gamaliel said: “Just as one who transgresses one transgression forfeits his life, how much more does one who performs one commandment have his life granted him.” Rabbi Shimon says: “You can learn this from its own passage; as it says: “[All who do any of those abhorrent things] such persons shall be cut off from their people” (Lev. 18:29), and it says: “You shall keep my statutes and my ordinances which if a man do, he shall live by them” (Lev. 18:5), which means that one who desists from transgressing is granted reward like one who performs a precept. Rabbi Shimon bar Rabbi says: Behold [the Torah] says, “But makes sure that you do not partake of the blood; for the blood is the life, and you must not consume the life with the flesh…[that it may go well with you and with your descendents to come..” (Deut. 12:23-25”-- now, if in the case of blood which a person’s soul loathes, anyone who refrains from it receives reward, how much more so in regard to robbery and sexual sin for which a person’s soul craves and longs shall one who refrains from them acquire merit for himself and for generations and generations to come, to the end of all generations!

“You have of mine a litra of gold”, [and he replies], “I have of yours only a litra of silver,” he is exempt. “You have of mine a golden denar”, [and he replies], “I have of yours only a silver denar, or a tresis, or a pundion, or a perutah”, he is liable, for all are one kind of coinage. “You have of mine a kor of grain”, [and he replies], “I have of yours only a letek of beans”, he is exempt. “You have of mine a kor of produce”, [and he replies], “I have of yours only a letek of beans,” he is liable, for beans are included in produce. If he claimed from him wheat, and the other admitted barley, he is exempt. But Rabban Gamaliel makes him liable. If he claims from his neighbor jars of oil, and he admits [his claim to the empty] jars, Admon says, since he admits to him a portion of the same kind as the claim, he must swear. But the sages say, the admission is not of the same kind as the claim. Rabban Gamaliel said, “I approve the words of Admon. If he claims from him vessels and lands, and he admits the vessels, but denies the lands; or admits the lands, but denies the vessels, he is exempt. If he admits a portion of the lands, he is exempt; a portion of the vessels, he is liable because properties for which there is no security bind properties for which there is security to take an oath for them.

“You have of mine a litra of gold”, [and he replies], “I have of yours only a litra of silver,” he is exempt. “You have of mine a golden denar”, [and he replies], “I have of yours only a silver denar, or a tresis, or a pundion, or a perutah”, he is liable, for all are one kind of coinage. “You have of mine a kor of grain”, [and he replies], “I have of yours only a letek of beans”, he is exempt. “You have of mine a kor of produce”, [and he replies], “I have of yours only a letek of beans,” he is liable, for beans are included in produce. If he claimed from him wheat, and the other admitted barley, he is exempt. But Rabban Gamaliel makes him liable. If he claims from his neighbor jars of oil, and he admits [his claim to the empty] jars, Admon says, since he admits to him a portion of the same kind as the claim, he must swear. But the sages say, the admission is not of the same kind as the claim. Rabban Gamaliel said, “I approve the words of Admon. If he claims from him vessels and lands, and he admits the vessels, but denies the lands; or admits the lands, but denies the vessels, he is exempt. If he admits a portion of the lands, he is exempt; a portion of the vessels, he is liable because properties for which there is no security bind properties for which there is security to take an oath for them.

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

Four things Rabban Gamaliel pronounces susceptible to impurity, and the Sages pronounce them not susceptible to impurity. The covering of a metal basket, if it belongs to householders; And the hanger of a strigil; And metals vessels which are still unshaped; And a plate that is divided into two [equal] parts. And the Sages agree with Rabban Gamaliel in the case of a plate that was divided into two parts, one large and one small, that the large one is susceptible to impurity and the small one is not susceptible to impurity.

Four things Rabban Gamaliel pronounces susceptible to impurity, and the Sages pronounce them not susceptible to impurity. The covering of a metal basket, if it belongs to householders; And the hanger of a strigil; And metals vessels which are still unshaped; And a plate that is divided into two [equal] parts. And the Sages agree with Rabban Gamaliel in the case of a plate that was divided into two parts, one large and one small, that the large one is susceptible to impurity and the small one is not susceptible to impurity.

In three cases Rabban Gamaliel was strict like the words of Beth Shammai. One may not wrap up hot food on a festival for the Sabbath; And one may not join together a lamp on a festival; And one may not bake [on festivals] thick loaves but only wafer-cakes. Rabban Gamaliel said: “In all their days, my father’s house never baked large loaves but only wafer-cakes.” They said to him: “What can we do with regards to your father’s house, for they were strict in respect to themselves but were lenient towards Israel to let them bake both large loaves and even charcoal-roasted loaves.”

In three cases Rabban Gamaliel was strict like the words of Beth Shammai. One may not wrap up hot food on a festival for the Sabbath; And one may not join together a lamp on a festival; And one may not bake [on festivals] thick loaves but only wafer-cakes. Rabban Gamaliel said: “In all their days, my father’s house never baked large loaves but only wafer-cakes.” They said to him: “What can we do with regards to your father’s house, for they were strict in respect to themselves but were lenient towards Israel to let them bake both large loaves and even charcoal-roasted loaves.”

They testified concerning the boards of bakers, that they are impure (they can receive impurity), whereas Rabbi Eliezer declares them pure (unable to receive impurity). They testified concerning an oven which was cut into rings and sand was put between the rings that it is impure (can receive impurity), whereas Rabbi Eliezer declares it pure (unable to receive impurity). They testified that the year may be intercalated throughout the whole of Adar, whereas they used to say: only until Purim. They testified that the year may be intercalated conditionally. There was such a case with Rabban Gamaliel who went to receive permission from the governor in Syria and he delayed in coming back; and they intercalated the year on condition that rabban gamaliel should approve; and when he came back he said: I approve, and the year was intercalated.

They testified concerning the boards of bakers, that they are impure (they can receive impurity), whereas Rabbi Eliezer declares them pure (unable to receive impurity). They testified concerning an oven which was cut into rings and sand was put between the rings that it is impure (can receive impurity), whereas Rabbi Eliezer declares it pure (unable to receive impurity). They testified that the year may be intercalated throughout the whole of Adar, whereas they used to say: only until Purim. They testified that the year may be intercalated conditionally. There was such a case with Rabban Gamaliel who went to receive permission from the governor in Syria and he delayed in coming back; and they intercalated the year on condition that rabban gamaliel should approve; and when he came back he said: I approve, and the year was intercalated.

Rabbi Joshua and Rabbi Judah ben Bathyra testified concerning the widow of [a man belonging to] a family of doubtful lineage (an issa), that she was fit to marry into the priesthood, [And that those of] a family of doubtful lineage are fit to declare who was unclean and who clean, who was to be put away and who was to be brought near. Rabban Gamaliel said: we accept your testimony, but what can we do since Rabban Yochanan ben Zakkai ordained that courts should not be commissioned for this purpose? The priests would listen to you concerning those who might be put away, but not concerning those who might be brought near!

The following things belonging to non-Jews are forbidden [for Jews to use] and the prohibition extends to any benefit that may be derived from them: wine, or a non-Jew’s vinegar that was formerly wine, Hadrianic earthenware, skins pierced at the animal’s heart. Rabban Shimon ben Gamaliel says: when its tear is round, [the skin] is forbidden, but if oblong it is permitted. Meat which is being brought into a place of idol worship is permitted, but that which is brought out is forbidden, because it is like a sacrifice to the dead, this is the opinion of Rabbi Akiba. With non-Jews going on a pilgrimage [to worship idols] it is forbidden to have any business transactions, but with those returning it is permitted.

All images are prohibited because they are worshipped once a year, according to the opinion of Rabbi Meir; But the Sages say: [an image] is not prohibited except one that has a staff or bird or orb in its hand. Rabban Shimon b. Gamaliel says: any [image] which has anything in its hand [is prohibited].