gamliel
739 occurrences across the corpus
The Jerusalem Talmud
MISHNAH: If a man developed defects, one does not force him to divorce. Rabban Simeon ben Gamliel said, when has this been said? For minor defects. But for major defects one forces him to divorce.
HALAKHAH: “If a man developed defects,” etc. Rav Jehudah in the name of Rav: So is the Mishnah, “if he had.” But if they developed newly, one forces him to divorce. Rebbi Abba bar Cahana in the name of Rebbi Joḥanan: Practice follows Rabban Simeon ben Gamliel. There came a case before Rebbi Jeremiah about a kopeaḥ, and he forced him. It turns out that following Rav if he did not become so, following Rabban Simeon ben Gamliel if he became so. Rebbi Ze‘ira said, Rabban Simeon ben Gamliel follows Rebbi Meïr. Which [statement of] Rebbi Meïr? The former or the later? If the former, until she made a condition. If the later, even if he made a condition it is nothing. But this Mishnah turns out following Rabban Simeon ben Gamliel; does “the following one forces to divorce” [follows] the rabbis? Let us hear from the following: “Rabban Simeon ben Gamliel says, if it was a major defect, e. g., blind in one eye, amputated of one of his hands, lame in one of his legs, immediately he shall divorce and pay the ketubah.” This Mishnah turns out following Rabban Simeon ben Gamliel; “the following one forces to divorce” [follows] the rabbis.
HALAKHAH: “If a man developed defects,” etc. Rav Jehudah in the name of Rav: So is the Mishnah, “if he had.” But if they developed newly, one forces him to divorce. Rebbi Abba bar Cahana in the name of Rebbi Joḥanan: Practice follows Rabban Simeon ben Gamliel. There came a case before Rebbi Jeremiah about a kopeaḥ, and he forced him. It turns out that following Rav if he did not become so, following Rabban Simeon ben Gamliel if he became so. Rebbi Ze‘ira said, Rabban Simeon ben Gamliel follows Rebbi Meïr. Which [statement of] Rebbi Meïr? The former or the later? If the former, until she made a condition. If the later, even if he made a condition it is nothing. But this Mishnah turns out following Rabban Simeon ben Gamliel; does “the following one forces to divorce” [follows] the rabbis? Let us hear from the following: “Rabban Simeon ben Gamliel says, if it was a major defect, e. g., blind in one eye, amputated of one of his hands, lame in one of his legs, immediately he shall divorce and pay the ketubah.” This Mishnah turns out following Rabban Simeon ben Gamliel; “the following one forces to divorce” [follows] the rabbis.
HALAKHAH: “If a man developed defects,” etc. Rav Jehudah in the name of Rav: So is the Mishnah, “if he had.” But if they developed newly, one forces him to divorce. Rebbi Abba bar Cahana in the name of Rebbi Joḥanan: Practice follows Rabban Simeon ben Gamliel. There came a case before Rebbi Jeremiah about a kopeaḥ, and he forced him. It turns out that following Rav if he did not become so, following Rabban Simeon ben Gamliel if he became so. Rebbi Ze‘ira said, Rabban Simeon ben Gamliel follows Rebbi Meïr. Which [statement of] Rebbi Meïr? The former or the later? If the former, until she made a condition. If the later, even if he made a condition it is nothing. But this Mishnah turns out following Rabban Simeon ben Gamliel; does “the following one forces to divorce” [follows] the rabbis? Let us hear from the following: “Rabban Simeon ben Gamliel says, if it was a major defect, e. g., blind in one eye, amputated of one of his hands, lame in one of his legs, immediately he shall divorce and pay the ketubah.” This Mishnah turns out following Rabban Simeon ben Gamliel; “the following one forces to divorce” [follows] the rabbis.
HALAKHAH: “If a man developed defects,” etc. Rav Jehudah in the name of Rav: So is the Mishnah, “if he had.” But if they developed newly, one forces him to divorce. Rebbi Abba bar Cahana in the name of Rebbi Joḥanan: Practice follows Rabban Simeon ben Gamliel. There came a case before Rebbi Jeremiah about a kopeaḥ, and he forced him. It turns out that following Rav if he did not become so, following Rabban Simeon ben Gamliel if he became so. Rebbi Ze‘ira said, Rabban Simeon ben Gamliel follows Rebbi Meïr. Which [statement of] Rebbi Meïr? The former or the later? If the former, until she made a condition. If the later, even if he made a condition it is nothing. But this Mishnah turns out following Rabban Simeon ben Gamliel; does “the following one forces to divorce” [follows] the rabbis? Let us hear from the following: “Rabban Simeon ben Gamliel says, if it was a major defect, e. g., blind in one eye, amputated of one of his hands, lame in one of his legs, immediately he shall divorce and pay the ketubah.” This Mishnah turns out following Rabban Simeon ben Gamliel; “the following one forces to divorce” [follows] the rabbis.
HALAKHAH: “If a man developed defects,” etc. Rav Jehudah in the name of Rav: So is the Mishnah, “if he had.” But if they developed newly, one forces him to divorce. Rebbi Abba bar Cahana in the name of Rebbi Joḥanan: Practice follows Rabban Simeon ben Gamliel. There came a case before Rebbi Jeremiah about a kopeaḥ, and he forced him. It turns out that following Rav if he did not become so, following Rabban Simeon ben Gamliel if he became so. Rebbi Ze‘ira said, Rabban Simeon ben Gamliel follows Rebbi Meïr. Which [statement of] Rebbi Meïr? The former or the later? If the former, until she made a condition. If the later, even if he made a condition it is nothing. But this Mishnah turns out following Rabban Simeon ben Gamliel; does “the following one forces to divorce” [follows] the rabbis? Let us hear from the following: “Rabban Simeon ben Gamliel says, if it was a major defect, e. g., blind in one eye, amputated of one of his hands, lame in one of his legs, immediately he shall divorce and pay the ketubah.” This Mishnah turns out following Rabban Simeon ben Gamliel; “the following one forces to divorce” [follows] the rabbis.
HALAKHAH: “If a man developed defects,” etc. Rav Jehudah in the name of Rav: So is the Mishnah, “if he had.” But if they developed newly, one forces him to divorce. Rebbi Abba bar Cahana in the name of Rebbi Joḥanan: Practice follows Rabban Simeon ben Gamliel. There came a case before Rebbi Jeremiah about a kopeaḥ, and he forced him. It turns out that following Rav if he did not become so, following Rabban Simeon ben Gamliel if he became so. Rebbi Ze‘ira said, Rabban Simeon ben Gamliel follows Rebbi Meïr. Which [statement of] Rebbi Meïr? The former or the later? If the former, until she made a condition. If the later, even if he made a condition it is nothing. But this Mishnah turns out following Rabban Simeon ben Gamliel; does “the following one forces to divorce” [follows] the rabbis? Let us hear from the following: “Rabban Simeon ben Gamliel says, if it was a major defect, e. g., blind in one eye, amputated of one of his hands, lame in one of his legs, immediately he shall divorce and pay the ketubah.” This Mishnah turns out following Rabban Simeon ben Gamliel; “the following one forces to divorce” [follows] the rabbis.
It was stated: “Rabban Simeon ben Gamliel said, I met an old man, smitten with boils, from Sepphoris. He told me, there are 24 kinds of boils; the worst one, and the one for which a woman is bad, is flowing boils. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: With the latter kind, the evil Pharao was smitten; that is what is written: “The Eternal smote Pharao and his house with great plagues,” etc. Rebbi Berekhia said: Because he dared to touch the matron’s body. There are 24 kinds of cedar, and from all of them the verse mentioned only seven. That is what is written: “I shall give in the desert cedar, acacia, myrtle, and oil wood; I put in the prairie beroš, tidhar, and teaššur together. Beroš is cypress; tidhar is idra;teasššur is the box-tree. They added to them ’allonim, ‘armonim, and ’almogim. ’Allonim are oaks, ‘armonim plane trees, ’almuggim aloës.
MISHNAH: If a woman inherited property before she became preliminarily married, the Houses of Shammai and Hillel agree that if she sells or gives it away it is valid. If she inherited after she became preliminarily married, the House of Shammai say she may sell, the House of Hillel say she should not sell, but both of them agree that if she sold or gave it away it is valid. Rebbi Jehudah said: They said before Rabban Gamliel: If he obtained the right to the woman, should he not also acquire the right to the property? He said to them, are we not ashamed about the new [properties] and you want to burden us with the old ones?
Rebbi Jehudah said, they argued before Rabban Gamliel: Because preliminarily married she is his wife and definitively married she is his wife; just as the sale by the latter is void, the sale by the former also should be void. He said to them, we are ashamed of the new ones, now you want to roll the new on over the old ones! The new ones, after the definitive marriage; the old ones before the definitive marriage, when she was married in the second ceremony.
MISHNAH: If she inherited property after she was definitively married, both agree that if she sold or gave away the husband retrieves from the hand of the buyers. [If she interited] before she was definitively married and [sold] after she was definitively married, Rabban Gamliel said if she sold or gave away it is valid. Rebbi Ḥanina ben Aqiba said, they said before Rabban Gamliel: If he obtained the right to the woman, did he not also acquire the right to the property? He said to them, are we not ashamed about the new [properties], and you want to burden us with the old ones?
MISHNAH: If she inherited property after she was definitively married, both agree that if she sold or gave away the husband retrieves from the hand of the buyers. [If she interited] before she was definitively married and [sold] after she was definitively married, Rabban Gamliel said if she sold or gave away it is valid. Rebbi Ḥanina ben Aqiba said, they said before Rabban Gamliel: If he obtained the right to the woman, did he not also acquire the right to the property? He said to them, are we not ashamed about the new [properties], and you want to burden us with the old ones?
HALAKHAH: “If she inherited after she was definitively married,” etc. We did state: She may sell or give away and it is valid. Rebbi Ḥiyya stated: She should not sell or give away, but if she sold or gave away it is valid. ”Rebbi Ḥanina ben Aqiba said, that is not what Rabban Gamliel gave as answer, but the following was his argument: No, if you have an argument about a preliminarily married one, where he has rights neither to what she finds, nor to her handiwork, nor to dissolve her vows, what can you say about a definitively married one where he has rights to what she finds, to her handiwork, and to dissolve her vows? Let the proof be the case of one who [inherited] before the definitive marriage and then was definitively married, in which case he has rights to what she finds, to her handiwork, and to dissolve her vows, and you admit to us that she should not sell or give away. He said to them, I agree that she should not sell or give away, but if she sold or gave away it is valid..” There came a case before Rebbi Immi. He said, is not Rabban Gamliel’s an isolated opinion? One cannot rely on it. A baraita supports him and disagrees with him: ”Our teachers took up the case again, voted, and instructed about property which she inherited before the definitive marriage and then was definitively married, that she should not sell or give away, and if she sold or gave away it is invalid.” It disagrees that the sale is invalid. It agrees that our teachers took up the case again, instructed, and voted. Before they voted, they did not disagree with him.
HALAKHAH: “If she inherited after she was definitively married,” etc. We did state: She may sell or give away and it is valid. Rebbi Ḥiyya stated: She should not sell or give away, but if she sold or gave away it is valid. ”Rebbi Ḥanina ben Aqiba said, that is not what Rabban Gamliel gave as answer, but the following was his argument: No, if you have an argument about a preliminarily married one, where he has rights neither to what she finds, nor to her handiwork, nor to dissolve her vows, what can you say about a definitively married one where he has rights to what she finds, to her handiwork, and to dissolve her vows? Let the proof be the case of one who [inherited] before the definitive marriage and then was definitively married, in which case he has rights to what she finds, to her handiwork, and to dissolve her vows, and you admit to us that she should not sell or give away. He said to them, I agree that she should not sell or give away, but if she sold or gave away it is valid..” There came a case before Rebbi Immi. He said, is not Rabban Gamliel’s an isolated opinion? One cannot rely on it. A baraita supports him and disagrees with him: ”Our teachers took up the case again, voted, and instructed about property which she inherited before the definitive marriage and then was definitively married, that she should not sell or give away, and if she sold or gave away it is invalid.” It disagrees that the sale is invalid. It agrees that our teachers took up the case again, instructed, and voted. Before they voted, they did not disagree with him.
MISHNAH: If she inherited old male and female slaves, they should be sold and real estate bought with the proceeds, of which he eats the yield. Rabban Simeon ben Gamliel says, she does not have to sell because they are the glory of her father’s house.
MISHNAH: If somebody writes to his wife: “I shall have nothing to do with your properties,” he receives their revenues and if she should die, he inherits from her. In this case, why did he write “I shall have nothing to do with your properties”? If she sold or gave away, it is valid. If he wrote to her: “I shall have nothing to do with your properties, nor with their revenues,” he does not receive their revenues during her lifetime but if she should die, he inherits from her. Rebbi Jehudah says, he continues to receive the investment results of her revenues unless he writes: “I shall have nothing to do with your properties, nor with their revenues, nor with revenues derived from revenues, without limits.” If he wrote “I shall have nothing to do with your properties, nor with their revenues, nor with revenues derived from revenues during your lifetime and after your death,” he does not receive the revenues during her lifetime and does not inherit from her after her death. Rabban Simeon ben Gamliel says, if she dies, he should inherit from her since he made a condition contradicting what is written in the Torah, and anybody’s condition contradicting what is written in the Torah is invalid.
Rav Jeremiah in the name of Rav: Practice follows Rabban Simeon ben Gamliel, but not in the matter of words. Practice follows Rabban Simeon ben Gamliel for he said, if she dies he inherits from her, but in matters of words, “since he made a condition contradicting what is written in the Torah, and anybody’s condition contradicting what is written in the Torah is invalid,” in personal matters. But in money matters, one’s stipulations are valid and that is a money matter! Why did we say that the condition is invalid? Because in the end he acquired it. Rebbi Immi in the name of Rebbi Joḥanan: The law should have been that if she sold or gave it away it should be valid, for [the buyer] acquired it. Why did they say it is invalid? That a wife should not sell her husband’s property and say, it is mine.
Rav Jeremiah in the name of Rav: Practice follows Rabban Simeon ben Gamliel, but not in the matter of words. Practice follows Rabban Simeon ben Gamliel for he said, if she dies he inherits from her, but in matters of words, “since he made a condition contradicting what is written in the Torah, and anybody’s condition contradicting what is written in the Torah is invalid,” in personal matters. But in money matters, one’s stipulations are valid and that is a money matter! Why did we say that the condition is invalid? Because in the end he acquired it. Rebbi Immi in the name of Rebbi Joḥanan: The law should have been that if she sold or gave it away it should be valid, for [the buyer] acquired it. Why did they say it is invalid? That a wife should not sell her husband’s property and say, it is mine.
Rebbi Hillel bar Pazi asked before Rebbi Yose: If he sold and then she died? He said to him, his sale is invalid; it is as if a son sold during his father’s lifetime and then the father died. If she sold and then he died? He said to him, her sale is valid; it is as if a father sold during his son’s lifetime and then the son died. Rebbi Ḥiyya bar Marius asked before Rebbi Jonah: What is the situation if she sold to her husband? He said, since Ḥizqiah said, practice follows Rebbi Judah, this implies that her sale is a sale. It was stated: “If somebody says, my property should be given to X, if X died to Y, [if Y died to Z]. If the first one died the properties should be given to the second, if the second died they should be given to the third. If the second one died during the first’s lifetime; since the second never acquired them, the third cannot acquire them.” He said to him, so did Rebbi Hoshaia, the father of the Mishnah, explain: After him to X, after him to Y; it is as if stated: if the third died during the second’s lifetime, since the second one did not acquire his heirs cannot acquire, one really could say: After him to X, after him to Y. It was stated: “Rebbi says, the first one may sell the real estate and buy movables. Rabban Simeon ben Gamliel says, he has only the usufruct.” Ḥizqiah said, practice follows Rebbi. Rebbi Mana said, since Ḥizqiah said, practice follows Rebbi, that implies that he cannot dispose of it by a death-bed will. So said Rebbi Mana before Rebbi Yose: Since this woman’s upkeep is her husband’s responsibility, is it not like a gift of sick persons? He said to him, her upkeep is what is necessary for her: food, oil, and salt. But she wants to sell and buy chickens. This means that if the first one wanted to sell and buy chickens, he may sell. Rebbi Jacob bar Aḥa said, her burial is equal to her upkeep. Since you said there, he may sell real estate and buy food, so he may sell real estate and buy a burial.
MISHNAH: If she produced her bill of divorce without a ketubah, she collects her ketubah. A ketubah without the bill of divorce when she says, I lost my bill of divorce but he says, I lost my receipt; similarly, the holder of an instrument of debt not accompanied by a prozbol; these shall not be paid. Rabban Simeon ben Gamliel says, since the times of the persecution, a woman collects without the bill of divorce and the creditor collects without prozbol.
MISHNAH: Rabban Simeon ben Gamliel says, her sale is valid unless there would have been left a field [for sowing] nine qab, and in a garden half a qab, or following the words of Rebbi Aqiba, a fourth. If her ketubah was 400 zuz and she sold to one person worth 100, to a second 100, to a third 100, and to the last the value of a mina and a denar for a mina, the last transaction is invalid but all others are valid.
HALAKHAH: “Rabban Simeon ben Gamliel says, her sale is valid,” etc. That is, if she sold them in four contracts. If she sold them in one contract, there is disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish, as they disagreed: If somebody wrote all his property over to two persons in one document and the testimony of the witnesses was valid for one but invalid for the other. Rebbi Hila in the name of Rebbi Yasa: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed; one said, since it is invalid for one it is invalid for the other, but the other said, it is valid for one and invalid for the other. Rebbi Mana did not specify; Rebbi Abin specified: Rebbi Joḥanan said, since it is invalid for one it is invalid for the other; but Rebbi Simeon ben Laqish said, it is valid for one and invalid for the other. Rebbi Elazar said, a Mishnah supports Rebbi Joḥanan: “Since testimony of two [witnesses] is invalid if one of them turns out to be related or disqualified, so also of three [witnesses] it is invalid if one of them turns out to be related or disqualified. From where even 100? The verse says, ‘witnesses’”. Rebbi Jacob bar Aḥa said, Rebbi Ḥananiah the colleague of the rabbis and the rabbis disagree. One says, the argument of Rebbi Eleazar is correct, but the other says, the argument of Rebbi Eleazar is not correct. For him who says, the argument of Rebbi Eleazar is correct, it is as if there was one testimony about one person. For him who says, the argument of Rebbi Eleazar is not correct, it is as if two groups of witnesses came, valid for one and disqualified for the other.
MISHNAH: If the judges estimated one sixth too little or too much, their sale is invalid. Rabban Simeon ben Gamliel says, their sale is valid; otherwise, what is the court’s power worth? But if they offered public tender, even if they sold either the worth of a mina for 200 or the worth of 200 for a mina, their sale is valid.
Ḥananiah bar Šelemiah in the name of Rav: A case came before Rebbi, who wanted to act following the rabbis. Rebbi Eleazar ben Proteus, the grandson of Rebbi Eleazar ben Proteus, said to him: Did you not teach us in your old man’s name, “except if they offered public tender”? He accepted it; Rebbi changed his mind and acted following Rabban Simeon ben Gamliel.
MISHNAH: All the time she lives in her father’s house, she always can collect her ketubah; if she she lives in her husband’s house, she can collect her ketubah for 25 years, for in 25 years she will have received benefits in the value of her ketubah, the words of Rebbi Meïr who spoke in the name of Rabban Simeon ben Gamliel. But the Sages say, all the time she lives in her husband’s house, she always can collect her ketubah; if she lives in her father’s house, she can collect her ketubah for 25 years. If she died, her heirs can sell her ketubah for up to 25 years.
Rebbi Ze‘ira, Rav Ḥananel in the name of Rav; Rebbi Ze‘ira in the name of Abba bar Jeremiah: Practice follows Ḥanan in his two statements; practice does not follow Admon in his seven statements. Rebbi Abba bar Zavda in the name of Rebbi Isaac bar Ḥaqula: In every case in which Rabban Simeon ben Gamliel said, I am convinced by Admon’s statement, practice follows him.
MISHNAH: Admon promulgated seven [rules]. If somebody dies and is survived by sons and daughters. If the estate is large, the sons inherit and the daughters will be sustained. If the estate is small, the daughters shall be sustained and the sons shall go begging. Admon said, because I am a male, shall I lose? Rabban Simeon ben Gamliel said, I am convinced by Admon’s statement.
HALAKHAH: “Admon promulgated seven [rules],” etc. How large is a large estate? Rebbi Ze‘ura, Rav Jehudah in the name of Rav: That there should be twelve months of sustenance for all of them. Samuel heard this and said, this is the opinion of Rabban Gamliel ben Rebbi, but the Sages say, until they reach adulthood or are married. They asked before Rebbi Yose, what did you hear from Rebbi Joḥanan? He said to them, let us explain the words of the Sages by their words! Nathan bar Hoshaia asked before Rebbi Joḥanan, if there was sustenance for twelve months but the estate diminished in value? He answered him, since the heirs started to eat with permission, they continue to eat until the last coin is gone.
Rav Ze‘ira, Rav Ḥananel in the name of Rav; Ze‘ira in the name of Abba bar Jeremiah: Ḥanan made two statements, practice follows him; Admon made seven statements, practice does not follow him. Rebbi Abba bar Zavda in the name of Rebbi Isaac bar Ḥaqula: In every case in which Rabban Simeon ben Gamliel said, I am convinced by Admon’s statement, practice follows him.
MISHNAH: If somebody sues another for amphoras of oil, and the defendant admits [that he owes him] vessels, Admon says, since he admitted part of the claim he is made to swear, but the Sages say, what he admitted was not of the kind that was claimed. Rabban Simeon ben Gamliel said, I am convinced by Admon’s statement,
Rebbi Immi in the name of Rebbi Joḥanan: The Mishnah, if he sued him for wheat and he admitted barley; but if he sued him for two kinds and he admitted one of them, according to everybody he is free. And why did we state: “Rabban Gamliel obligates him”? This comes to tell you the power of Rabban Gamliel, how far he obligates people. Rebbi Abbahu [supported] that of Rebbi Immi. Rebbi Simeon ben Laqish says, the Mishnah, if he sued him for wheat and he admitted barley; but if he sued him for two kinds and he admitted one of them, according to everybody he is obligated. Rav followed Rebbi Simeon ben Laqish: A person went with another to court before Rav. He started claiming from him barley, wheat and spelt. Rav told him, charge him with anything you have to charge, and in the end he will swear one oath about everything. Rebbi Abbahu said, so argued Rebbi Simeon ben Laqish against Rebbi Joḥanan: In your opinion, since you say that if he sued him for two kinds and he admitted one of them, according to everybody he is free, did we not state “if he sued him for vessels and real estate; if he admitted the vessels and denied the real estate, the real estate and denied the vessels”? If he is obligated for vessels about vessels, not so much more vessels for real estate? What does he do with it? He explains it, to transfer an oath to him. But did we not state: If somebody sues another for amphoras of oil, and the defendant admits [that he owes him] vessels”? How do we hold? If he sued him for vessels and oil, and he admitted one of them, everybody agrees that this refers to the claim. But if he sued him for oil and he admitted vessels, everybody agrees that what he admitted does not refer to the claim, for Rebbi Ze‘ira, Rebbi Abuna said in the name of Rav: The Mishnah deals with the case that he sued for vessels full of oil; the ones are full, the others empty. One understands vessels but not oil. Oil but not vessels? Rebbi Eleazar in the name of Rebbi Abun formulates it as oil bucket. Can one not ask him in the end? If he lost his speech.
Rebbi Immi in the name of Rebbi Joḥanan: The Mishnah, if he sued him for wheat and he admitted barley; but if he sued him for two kinds and he admitted one of them, according to everybody he is free. And why did we state: “Rabban Gamliel obligates him”? This comes to tell you the power of Rabban Gamliel, how far he obligates people. Rebbi Abbahu [supported] that of Rebbi Immi. Rebbi Simeon ben Laqish says, the Mishnah, if he sued him for wheat and he admitted barley; but if he sued him for two kinds and he admitted one of them, according to everybody he is obligated. Rav followed Rebbi Simeon ben Laqish: A person went with another to court before Rav. He started claiming from him barley, wheat and spelt. Rav told him, charge him with anything you have to charge, and in the end he will swear one oath about everything. Rebbi Abbahu said, so argued Rebbi Simeon ben Laqish against Rebbi Joḥanan: In your opinion, since you say that if he sued him for two kinds and he admitted one of them, according to everybody he is free, did we not state “if he sued him for vessels and real estate; if he admitted the vessels and denied the real estate, the real estate and denied the vessels”? If he is obligated for vessels about vessels, not so much more vessels for real estate? What does he do with it? He explains it, to transfer an oath to him. But did we not state: If somebody sues another for amphoras of oil, and the defendant admits [that he owes him] vessels”? How do we hold? If he sued him for vessels and oil, and he admitted one of them, everybody agrees that this refers to the claim. But if he sued him for oil and he admitted vessels, everybody agrees that what he admitted does not refer to the claim, for Rebbi Ze‘ira, Rebbi Abuna said in the name of Rav: The Mishnah deals with the case that he sued for vessels full of oil; the ones are full, the others empty. One understands vessels but not oil. Oil but not vessels? Rebbi Eleazar in the name of Rebbi Abun formulates it as oil bucket. Can one not ask him in the end? If he lost his speech.
MISHNAH: If somebody obligates himself about money for his son-in-law but then goes bankrupt, she must wait until her hair grows white. Admon says: “If I had obligated myself, I would have to wait until my hair grows white. My father obligated himself, what can I do? Marry definitively or divorce!” Rabban Simeon ben Gamliel said, I am convinced by Admon’s statement.
It was stated: Rebbi Yose ben Rebbi Jehudah said, Admon and the rabbis did not disagree about one for whom the father had promised money but went bankrupt that she may sit until her hair grows white. Where did they disagree? If she promised herself. Admon says, she might say, “I was of the opinion that my father wants to give, but now my father does not want to give, what can I do? Marry definitively or divorce!” Rabban Simeon ben Gamliel said, I am convinced by Admon’s statement.
MISHNAH: There are three districts for marriage, Judea, Transjordan, and Galilee. One does not move from one village to another village and from one walled city to another walled city, except that in one district one moves from one village to another village and from one walled city to another walled city, but not from a village to a walled city or from a walled city to a village. One moves from a bad neighborhood to a better one but not from a better one to a worse one. Rabban Simeon ben Gamliel says, not even from a bad neighborhood to a better one, because the better neighborhood tests.
MISHNAH: Everybody moves to the Land of Israel but not everybody leaves. Everybody moves to Jerusalem but not everybody leaves. How is this? If he married a woman in the Land of Israel and divorced her in the Land of Israel, he pays her in coin of the Land of Israel. If he married a woman in the Land of Israel and divorced her in Kappadokia, he pays her in coin of the Land of Israel. If he married a woman in Kappadokia and divorced her in the Land of Israel, he pays her in coin of the Land of Israel; Rabban Simeon ben Gamliel says, in coin of Kappadokia. If he married a woman in Kappadokia and divorced her in Kappadokia, he pays her in coin of Kappadokia
“He pays her in coin of the Land of Israel.” This implies that the coins of the land of Israel are the best of all countries. This supports him who says that a woman’s ketubah is from the words of the Torah, against Rabban Simeon ben Gamliel, as it was stated: A woman’s ketubah is from the words of the Torah. Rabban Simeon ben Gamliel says, a woman’s ketubah is only an institution of the Soferim.
“He pays her in coin of the Land of Israel.” This implies that the coins of the land of Israel are the best of all countries. This supports him who says that a woman’s ketubah is from the words of the Torah, against Rabban Simeon ben Gamliel, as it was stated: A woman’s ketubah is from the words of the Torah. Rabban Simeon ben Gamliel says, a woman’s ketubah is only an institution of the Soferim.
It was stated: “Rabban Gamliel says, there is nothing square from the six days of Creation.” Rebbi Berekhiah objected: Did we not state: “The body of baheret is like a square Italian grit.” Rebbi Bisna said, that in itself says that there is no square. Why did we state that? That he should square it. But there are lice! They are full of knots. But there is the knee of a mountain goat! It is round below. Rabban Simeon ben Gamliel spoke only about animals. It was stated so: There is square in foods, there is no square in animals.
It was stated: “Rabban Gamliel says, there is nothing square from the six days of Creation.” Rebbi Berekhiah objected: Did we not state: “The body of baheret is like a square Italian grit.” Rebbi Bisna said, that in itself says that there is no square. Why did we state that? That he should square it. But there are lice! They are full of knots. But there is the knee of a mountain goat! It is round below. Rabban Simeon ben Gamliel spoke only about animals. It was stated so: There is square in foods, there is no square in animals.
Because Moses was lazy for circumcision, the angel tried to kill kim. That is what is written: “The Eternal met him and wanted to kill him.” Rebbi Yose said, far be the thought that Moses was lazy for circumcision but he argued on his own: To perform circumcision and leave would be dangerous. To wait, the Holy One, praise to Him, told him: “Go, return to Egypt.” But because he was lazy in preparing for the overnight stay before circumcision; that is what is written: “It was on the way, at the overnight stay.” Rabban Simeon ben Gamliel said, far be the thought that the angel wanted to kill Moses; it was the baby. Come and see, who is called ḥātān? Moses or the baby? There are Tannaïm who state that Moses is called ḥātān. There are Tannaïm who state that the baby is called ḥātān. He who said that Moses is called ḥātān: Ḥātān, blood is required from you. And he said that the baby is called ḥātān: Ḥātān, in blood you are preserved for me. “Ṣippora took a flintstone and cut her son’s prepuce and touched his feet.” Rebbi Jehudah, Rebbi Neḥemiah, and the rabbis. One said, Moses’s feet. Another said, the angel’s feet. Another said, the baby’s feet. He who said Moses’s feet: Here I cut your obligation for you. He who said, the angel’s feet: Here your mission was accomplished. He who said the baby’s feet, she touched the baby’s body. “He left off from him; then she said, a blood ḥātān for circumcisions.” From here that there are two circumcisions; one for baring the gland and one for the fibers.
“Not vegetables, he is permitted field vegetables because this is an accompanying name.” We have stated on that: “He who makes a vow to abstain from vegetables in the Sabbatical is also forbidden field vegetables.” Rebbi Crispus stated the reason in the name of Rebbi Ḥanina ben Gamliel: That means, as long as Rebbi did not permit to import vegetables into the Land. But since Rebbi permitted to import into the Land there is no difference between the Sabbatical and the remaining years of the Sabbatical cycle. Rebbi Yose bar Ḥanina says, endives are important enough to become impure as food in the Seventh year. That means, as long as Rebbi did not permit to import vegetables into the Land. But since Rebbi permitted to import vegetables into the Land there is no difference between the Sabbatical and the remaining years of the Sabbatical cycle.
“When they sanctified the year at Usha, on the first day Rebbi Ismael, the son of Rebbi Joḥanan ben Baroqa, led and recited following the opinion of Rebbi Joḥanan ben Nuri. Rabban Simeon ben Gamliel said, we did not follow this at Jabneh. On the second day, Rebbi Ḥananiah, the son of Rebbi Yose the Galilean led and recited following the opinion of Rebbi Aqiba. Rabban Simeon ben Gamliel said, this we did follow at Jabneh.” But does this not mean that they sanctified it on the first and the second day? Rebbi Zeїra in the name of Rav Ḥisda: That year was disorganized. What is “the first, the second”? Rebbi Abun in the name of Rav: The first year, the second year! But was it not stated: the first day, the second day?
“When they sanctified the year at Usha, on the first day Rebbi Ismael, the son of Rebbi Joḥanan ben Baroqa, led and recited following the opinion of Rebbi Joḥanan ben Nuri. Rabban Simeon ben Gamliel said, we did not follow this at Jabneh. On the second day, Rebbi Ḥananiah, the son of Rebbi Yose the Galilean led and recited following the opinion of Rebbi Aqiba. Rabban Simeon ben Gamliel said, this we did follow at Jabneh.” But does this not mean that they sanctified it on the first and the second day? Rebbi Zeїra in the name of Rav Ḥisda: That year was disorganized. What is “the first, the second”? Rebbi Abun in the name of Rav: The first year, the second year! But was it not stated: the first day, the second day?
Rebbi Jacob bar Idi, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: It turns out that the minority opinion here is the majority opinion there and vice-versa. As it was stated: “One who makes a vow to abstain from meat is forbidden all kinds of meat, is forbidden head, feet, neck, heart, and liver. But he is permitted fish meat and grasshoppers. In this vein, Rabban Simeon ben Gamliel said, intestines are not meat and those who eat them are not humans.”
HALAKHAH: ‘Until the fig harvest, until there be fig harvest’, etc. “baskets”. Baskets of figs or baskets of raisins? Let us hear from this: “Until they fold the knives”. You have to say, knives for figs, not knives for raisins. Let us hear from the following: A load of raisins came up to Tiberias. Gamliel the twin asked Rebbi Abba bar Zavda. He said to him: All of the Land of Israel does not produce a load of raisins. But so he said to him: No single place in the land of Israel produces a load of raisins.
MISHNAH: ‘Until the rains, until there be rain,’ until the second rainy spell; Rabban Simeon ben Gamliel said, until the time of the second rainy spell. ‘Until the rains stop’, until the end of the Month of Nisan, the words of Rebbi Meїr; Rebbi Jehudah says, until after Passover.
It was stated: “Rebbi Yose said, anything depending on the fertilizing rain, until the second fertilizing rain comes. And anything not depending on the fertilizing rain, until the time of the second fertilizing rain. It was stated: Rabban Simeon ben Gamliel says, if rain came down for seven days without interruption, that includes the second fertilizing rain.” Why is it called fertilizing? Because it fertilizes the land.
Rebbi Yasa asked before Rebbi Joḥanan: Is our Mishnah from Rabban Simeon ben Gamliel, since Rabban Simeon ben Gamliel says, any obstacle that is not from her side does not invalidate the bill of divorce? He said to him, here it is different because of opening the vow. Rebbi Yose said, but do we not deal with vows which do not need dissolution by a Sage? Rebbi Jonah said, we deal not only with one who made his vow dependent on something. So far it is if he wants to give him something. But in the case that he does not want to give to him, he can say, I wanted only to examine you; but since I saw that it gives you pain, it is as if I had received.
Rebbi Yasa asked before Rebbi Joḥanan: Is our Mishnah from Rabban Simeon ben Gamliel, since Rabban Simeon ben Gamliel says, any obstacle that is not from her side does not invalidate the bill of divorce? He said to him, here it is different because of opening the vow. Rebbi Yose said, but do we not deal with vows which do not need dissolution by a Sage? Rebbi Jonah said, we deal not only with one who made his vow dependent on something. So far it is if he wants to give him something. But in the case that he does not want to give to him, he can say, I wanted only to examine you; but since I saw that it gives you pain, it is as if I had received.
It was stated: One is asked about vows only while sitting and wrapped. The one who is asked must be sitting and the one who is asking is standing; from the following: “And the two people who have the dispute shall stand.” “Standing” means only “being judged”. That is for asking legal rules. Asking about sermons from where? The verse says “shall stand, and shall stand”. Rebbi Aḥa bar Pappus went to permit the vow of Rebbi Immi. He remained standing to say “there is no vow”. Rebbi Mana went to permit the vow of the older Gamliel. He remained standing to say “there is no vow, there is no oath”. Rebbi Mana went to permit the vow of Gamliel the grandson. He said to him, do not treat me as you treated my grandfather, but sit down and I shall remain standing.
It was stated: One is asked about vows only while sitting and wrapped. The one who is asked must be sitting and the one who is asking is standing; from the following: “And the two people who have the dispute shall stand.” “Standing” means only “being judged”. That is for asking legal rules. Asking about sermons from where? The verse says “shall stand, and shall stand”. Rebbi Aḥa bar Pappus went to permit the vow of Rebbi Immi. He remained standing to say “there is no vow”. Rebbi Mana went to permit the vow of the older Gamliel. He remained standing to say “there is no vow, there is no oath”. Rebbi Mana went to permit the vow of Gamliel the grandson. He said to him, do not treat me as you treated my grandfather, but sit down and I shall remain standing.
An animal is not subject to the rules of the non-designated at the beginning, but it is subject to the rules of the non-designated at the end. Money is subject to the rules of the non-designated at the beginning, but it is not subject to the rules of the non-designated at the end. Money is subject to the rules of the non-designated at the beginning, as we have stated: “If he had money not designated, it should be given as donation.” An animal is subject to the rules of the non-designated at the end, as we have stated: “Rabban Simeon ben Gamliel says, if he brought three animals but did not explain.” They are subject to the rules of the non-designated at the beginning, as we have stated: “ ‘These are for my purification offering, the remainder is for the rest of my nezirut’, when he died. One commits larceny about all but one cannot commit larceny about a part.” It is not subject to the rules of the non-designated at the end, when he brought money and redeemed it for an animal. If he designated a donkey, it is as if he designated money. If he designated an ox, Rebbi Yose ben Rebbi Abun and Rebbi Ḥiyya ben Julianus, both speak in Shammai’s name. One says, he is like one who designates money; the other says, he is like one who designates an animal.
May his own vow of nazir and that of his father fall on him together? It happened that Rebbi Ḥanina ben Ḥanina’s father made him a nazir and Rebbi Simeon ben Gamliel checked him whether he had grown two pubic hairs. He said to him, why are you checking me? If my father’s nezirut is on me, I am a nazir; otherwise, I declare being a nazir. Rabban Gamliel stood up and kissed him on his head and said, I am sure that you will not die from old age before you taught instruction in Israel. Rebbi Eleazar bar Ṣadoq said, I saw him sitting and explaining in Jabneh.
May his own vow of nazir and that of his father fall on him together? It happened that Rebbi Ḥanina ben Ḥanina’s father made him a nazir and Rebbi Simeon ben Gamliel checked him whether he had grown two pubic hairs. He said to him, why are you checking me? If my father’s nezirut is on me, I am a nazir; otherwise, I declare being a nazir. Rabban Gamliel stood up and kissed him on his head and said, I am sure that you will not die from old age before you taught instruction in Israel. Rebbi Eleazar bar Ṣadoq said, I saw him sitting and explaining in Jabneh.
It has been stated: 300 nezirim came in the days of Rebbi Simeon ben Shetaḥ. For 150 of them he found an opening, for 150 of them he did not find an opening. He came to king Yannai and said to him: There are here 300 nezirim who need 900 sacrifices. You should give half of them from your side, I shall give half from my side. The king sent him 450 animals. An informer went around and said that the other one had not given anything from his own money. King Yannai heard about it and got angry. Simeon ben Shetaḥ heard and fled. After some time, important people from the Persian empire came to king Yannai. They said to him: We remember that there was an old man who gave us a rabbinic discourse. They said to him, send and bring him! He sent and gave him his word; he came and sat between king and queen. He said to him, why did you trick me? He said, I did not trick you; you with your money and I with my learning, as it is written (Eccl. 7:12) “In the shadow of wisdom, in the shadow of money.” He said to him, why did you disappear? He said to him, I heard that my lord was angry with me and I wanted to fulfill the verse (Is. 26:20) “Hide a little bit until the rage passes;” he used about himself (Eccl. 7:12): “Knowledge is an advantage, wisdom lets its possessor live.” He said to him, why did you sit between king and queen? He said to him, it is written in the book of Ben Sirach: “Esteem it and it will raise you and seat you among princes.” He said, bring him a cup that he may recite Grace. They brought him a cup and he said: “Let us give praise for the food that Yannai and his company ate.” He said to him, what should I say, “for the food that we did not eat?” He said, bring him something that he may eat. They brought, he ate and recited: “For the food that we ate.” Rebbi Yoḥanan said, his colleagues disagree with Simeon ben Shetaḥ. Rebbi Jeremiah said, about the first action; Rebbi Abba said, about the second action. Rebbi Jeremiah seems to contradict himself! There he wondered about it and here it is obvious for him! He wondered following the Sages; it is obvious to him following Rabban Simeon ben Gamliel. We have stated about this: If one came, was lying on a couch, and dipped with them, even if he did not eat grain the volume of an olive one ‘invites’ with him, the words of the Sages. Rebbi Jacob bar Aḥa in the name of Rebbi Yoḥanan: One never ‘invites’ anyone unless he has eaten grain the volume of an olive. But did we not formulate, “two [eating] bread and one [eating] vegetable, then one ‘invites’?” This baraita follows Rabban Simeon ben Gamliel.
It has been stated: 300 nezirim came in the days of Rebbi Simeon ben Shetaḥ. For 150 of them he found an opening, for 150 of them he did not find an opening. He came to king Yannai and said to him: There are here 300 nezirim who need 900 sacrifices. You should give half of them from your side, I shall give half from my side. The king sent him 450 animals. An informer went around and said that the other one had not given anything from his own money. King Yannai heard about it and got angry. Simeon ben Shetaḥ heard and fled. After some time, important people from the Persian empire came to king Yannai. They said to him: We remember that there was an old man who gave us a rabbinic discourse. They said to him, send and bring him! He sent and gave him his word; he came and sat between king and queen. He said to him, why did you trick me? He said, I did not trick you; you with your money and I with my learning, as it is written (Eccl. 7:12) “In the shadow of wisdom, in the shadow of money.” He said to him, why did you disappear? He said to him, I heard that my lord was angry with me and I wanted to fulfill the verse (Is. 26:20) “Hide a little bit until the rage passes;” he used about himself (Eccl. 7:12): “Knowledge is an advantage, wisdom lets its possessor live.” He said to him, why did you sit between king and queen? He said to him, it is written in the book of Ben Sirach: “Esteem it and it will raise you and seat you among princes.” He said, bring him a cup that he may recite Grace. They brought him a cup and he said: “Let us give praise for the food that Yannai and his company ate.” He said to him, what should I say, “for the food that we did not eat?” He said, bring him something that he may eat. They brought, he ate and recited: “For the food that we ate.” Rebbi Yoḥanan said, his colleagues disagree with Simeon ben Shetaḥ. Rebbi Jeremiah said, about the first action; Rebbi Abba said, about the second action. Rebbi Jeremiah seems to contradict himself! There he wondered about it and here it is obvious for him! He wondered following the Sages; it is obvious to him following Rabban Simeon ben Gamliel. We have stated about this: If one came, was lying on a couch, and dipped with them, even if he did not eat grain the volume of an olive one ‘invites’ with him, the words of the Sages. Rebbi Jacob bar Aḥa in the name of Rebbi Yoḥanan: One never ‘invites’ anyone unless he has eaten grain the volume of an olive. But did we not formulate, “two [eating] bread and one [eating] vegetable, then one ‘invites’?” This baraita follows Rabban Simeon ben Gamliel.
MISHNAH: Rabban Simeon ben Gamliel says, if he brought three animals but did not specify, the one proper for the purification offering shall be brought as purification offering, for the elevation offering shall be brought as elevation offering, for the well-being offering shall be brought as well-being offering. He took the hair shorn from his nazir head and sent it under the cooking pot; even if he shaved in the countryside he sent it under the cooking pot. When has this been said? If he shaved in purity. But if he shaved in impurity, he does not send it under the cooking pot. Rebbi Meïr says, all send under the cooking pot except the impure in the countryside.
Do stillbirths generate “decay”? For him who says that their blood induces impurity by a quartarius they generate “decay”; for him who says that their blood does not induce impurity by a quartarius, do they generate “decay”? Let us hear from the following: “Why is the dust from small heaps impure? Because women bury there their stillbirths.” Rebbi Yudan, the father of Rebbi Mattaniah, said: Would it not be reasonable otherwise, that lepers bury their limbs there? You must say that it is because of “decay”, not because a bone the size of a lentil, since it was stated: “If he took some dust from it and replaced it, [the small heap] is pure.” Explain it following Tannaïm, as it was stated: If one removed it, it remains impure; Rabban Simeon ben Gamliel declares it pure.
MISHNAH: Somebody who brings a bill of divorce from overseas must be able to say: “It was written and signed before me.” Rabban Gamliel says, even somebody who brings from Reqam and Ḥeger; Rebbi Eliezer says, even from Kefar Ludim to Lydda; but the Sages say that the only one who has to be able to say that it was written and signed before him is one who brings from overseas or to overseas. One who brings from one province to another overseas has to say that it was written and signed before him; Rabban Simeon ben Gamliel says, even from one district to the next.
MISHNAH: Somebody who brings a bill of divorce from overseas must be able to say: “It was written and signed before me.” Rabban Gamliel says, even somebody who brings from Reqam and Ḥeger; Rebbi Eliezer says, even from Kefar Ludim to Lydda; but the Sages say that the only one who has to be able to say that it was written and signed before him is one who brings from overseas or to overseas. One who brings from one province to another overseas has to say that it was written and signed before him; Rabban Simeon ben Gamliel says, even from one district to the next.
Rebbi Ezra asked before Rebbi Mana: If a man and his wife held on to a bill of divorce; she says, I acquired it, but he says, you did not acquire. Does this refer to the disagreement between Rebbi and Rabban Simeon ben Gamliel? Since they disagreed: If creditor and borrower both hold on to the bond; the creditor says it is mine; I had lost it. The borrower says, it is mine because I paid it off. The document should be verified by its signatories, the words of Rebbi. Rabban Simeon ben Gamliel says, they should split. Rebbi Eleazar said, everything depends on who actually holds the signatures of the witnesses. Where do they disagree? If it was written lengthwise and both hold part of the signatures of the witnesses. He said to him, it is everybody’s opinion that it is not a bill of divorce if all is in her hand but a thread is in his hand, for it is written: “He shall deliver it into her hand,” not unless all be in her hand.
Rebbi Ezra asked before Rebbi Mana: If a man and his wife held on to a bill of divorce; she says, I acquired it, but he says, you did not acquire. Does this refer to the disagreement between Rebbi and Rabban Simeon ben Gamliel? Since they disagreed: If creditor and borrower both hold on to the bond; the creditor says it is mine; I had lost it. The borrower says, it is mine because I paid it off. The document should be verified by its signatories, the words of Rebbi. Rabban Simeon ben Gamliel says, they should split. Rebbi Eleazar said, everything depends on who actually holds the signatures of the witnesses. Where do they disagree? If it was written lengthwise and both hold part of the signatures of the witnesses. He said to him, it is everybody’s opinion that it is not a bill of divorce if all is in her hand but a thread is in his hand, for it is written: “He shall deliver it into her hand,” not unless all be in her hand.
MISHNAH: Any document signed by a Samaritan is invalid, except bills of divorce and bills of manumission. It happened that they brought before Rabban Gamliel at Kefar Othnay a bill of divorce whose witnesses were Samaritans and he declared it valid. All documents confirmed by a Gentile recorder’s office are valid, even if they are signed by Gentiles, except bills of divorce and bills of manumission. Rebbi Simeon says, all are valid; they said it only when they were made by private persons.
Why are Samaritans disqualified? Rebbi Joḥanan said, because they are lions’ proselytes. But if somebody converted not for Heaven’s sake and then converted for Heaven’s sake, does one not accept him? Rebbi Joḥanan in the name of Rebbi Eleazar: Because the child is a bastard if a Gentile or a slave have intercourse with a Jewish woman. But did not Rebbi Aqiba say, they are genuine proselytes? Because they require levirate marriage from the preliminarily married and free the definitively married. But do not the rabbis say, there is no bastard from a sister-in-law? Because they are not conversant with the fine points in writing bills of divorce. But does not Rabban Gamliel accept their bills of divorce? Rebbi Jacob bar Idi in the name of Rebbi Joḥanan: Because they intermingled with the priests of the High Places: “He chose priests from the borderline of the people,”. Rebbi Ila said, from the “thorns” of the people, i. e., from the disqualified of the people.
“If somebody said that all his property should be given to X, a Cohen, and [the estate] contained slaves, even if [the Cohen] said ‘I cannot have them’ they eat heave. Rabban Simeon ben Gamliel said, since he said ‘I cannot have them’, the heirs acquired them.” Rebbi Ze‘ira said, they disagree if he did not specify. How do we hold? If he accepted at the first moment, Rabban Gamliel will agree. If he did refuse at the first moment, the rabbis will agree. But we deal with the case that he did not specify. Rebbi says, nobody says ‘it is impossible’ unless he had accepted. Rabban Simeon ben Gamliel said, since he said ‘it is impossible’, the end is proof for the start.
“If somebody said that all his property should be given to X, a Cohen, and [the estate] contained slaves, even if [the Cohen] said ‘I cannot have them’ they eat heave. Rabban Simeon ben Gamliel said, since he said ‘I cannot have them’, the heirs acquired them.” Rebbi Ze‘ira said, they disagree if he did not specify. How do we hold? If he accepted at the first moment, Rabban Gamliel will agree. If he did refuse at the first moment, the rabbis will agree. But we deal with the case that he did not specify. Rebbi says, nobody says ‘it is impossible’ unless he had accepted. Rabban Simeon ben Gamliel said, since he said ‘it is impossible’, the end is proof for the start.
“If somebody said that all his property should be given to X, a Cohen, and [the estate] contained slaves, even if [the Cohen] said ‘I cannot have them’ they eat heave. Rabban Simeon ben Gamliel said, since he said ‘I cannot have them’, the heirs acquired them.” Rebbi Ze‘ira said, they disagree if he did not specify. How do we hold? If he accepted at the first moment, Rabban Gamliel will agree. If he did refuse at the first moment, the rabbis will agree. But we deal with the case that he did not specify. Rebbi says, nobody says ‘it is impossible’ unless he had accepted. Rabban Simeon ben Gamliel said, since he said ‘it is impossible’, the end is proof for the start.
MISHNAH: In earlier times, he could go to a court at another place and annul [the bill of divorce]; Rabban Gamliel the Elder instituted that one should not do that because of the public good. In earlier times, his name and her name and the names of his and her towns could change; Rabban Gamliel the Elder instituted that one should write Mr. X and all his names, Mrs. Y and all her names, because of the public good.
MISHNAH: In earlier times, he could go to a court at another place and annul [the bill of divorce]; Rabban Gamliel the Elder instituted that one should not do that because of the public good. In earlier times, his name and her name and the names of his and her towns could change; Rabban Gamliel the Elder instituted that one should write Mr. X and all his names, Mrs. Y and all her names, because of the public good.
If he transgressed and annulled? Let us hear from the following: “If he annulled it is annulled, the words of Rebbi. Rabban Simeon ben Gamliel says, he can neither annul it nor add to his condition.” Rabban Simeon ben Gamliel says it correctly. What is the reason of Rebbi? It is the word of the Torah that he has the power to annul but they said, he shall not annul. Can their word uproot the words of the Torah? But is it not from the Torah that one may [give as heave] olives for oil and grapes for wine, but because of robbing the tribe they said not only that one may not give heave [in this way] but if he transgressed and gave, his heave is not heave. Rebbi Oshaia bar Abba said to Rebbi Yudan the Prince: Who could tell exactly what your ancestor meant?
If he transgressed and annulled? Let us hear from the following: “If he annulled it is annulled, the words of Rebbi. Rabban Simeon ben Gamliel says, he can neither annul it nor add to his condition.” Rabban Simeon ben Gamliel says it correctly. What is the reason of Rebbi? It is the word of the Torah that he has the power to annul but they said, he shall not annul. Can their word uproot the words of the Torah? But is it not from the Torah that one may [give as heave] olives for oil and grapes for wine, but because of robbing the tribe they said not only that one may not give heave [in this way] but if he transgressed and gave, his heave is not heave. Rebbi Oshaia bar Abba said to Rebbi Yudan the Prince: Who could tell exactly what your ancestor meant?
There, we have stated: “One writes a bill of divorce for a man even if his wife is not with him, and a receipt for a woman even if her husband is not with her, and the husband pays the fee.” Rebbi Abba said, he has to know both of them. Rebbi La said, he has to know the husband for the bill of divorce and the wife for her receipt. Rebbi Abun bar Ḥiyya asked before Rebbi [ ]: Think of it, if he brought another woman and divorced by means of her. He said to him, let the witnesses come and testify. But did not Rebbi Simeon ben Laqish say that they considered witnesses who signed a document as if their testimony had been cross-examined in court? There, if they said, we did not sign at all. But here if they say, we signed this but not that. The Mishnah disagrees with Rebbi Abba: “In earlier times, his name and her name and the names of his and her towns could change.” If he knows them, why would he change their names? There are people who know others by sight but do not know their names. The Mishnah disagrees with Rebbi Ilai: “Rabban Gamliel the Elder instituted that one should write Mr. X and all his names, Mrs. Y and all her names, because of the public good.” The Mishnah about one who is forced to divorce, Rebbi Ila speaks about one who divorces on his initiative; some want to say if he divorces at another place.
MISHNAH: A widow can be paid from the orphans’ property only by an oath. When they avoided letting her swear, Rabban Gamliel the Elder instituted that she should make a vow on the instruction of the orphans for anything they would decide on and collect her ketubah, and that witnesses sign the bill of divorce because of the public good. Hillel instituted prozbol for the public good.
MISHNAH: If a slave was kidnapped and ransomed, if it was as a slave he shall serve, if as a free person he shall not serve; Rabban Simeon ben Gamliel says, in any case he shall serve. A slave whom his master gave as mortgage to others and then freed in strict law does not owe anything, but for the public good one forces the master to formally manumit him and he writes a bond for his own value. Rabban Simeon ben Gamliel says, only the one who manumits writes.
MISHNAH: If a slave was kidnapped and ransomed, if it was as a slave he shall serve, if as a free person he shall not serve; Rabban Simeon ben Gamliel says, in any case he shall serve. A slave whom his master gave as mortgage to others and then freed in strict law does not owe anything, but for the public good one forces the master to formally manumit him and he writes a bond for his own value. Rabban Simeon ben Gamliel says, only the one who manumits writes.
HALAKHAH: “If a slave was kidnapped and ransomed,” etc. Rebbi Abbahu in the name of Ḥizqiah: It would be logical that even as a slave he should not have to serve. And why did they say, he has to serve? That a slave should not run away to the kidnappers. Rebbi Ze‘ira said, a baraita implies this: “His master pays his ransom and frees him.” They said that only about his master, not anybody else. Rebbi Ila in the name of Rebbi Yasa: It would be logical that even as a free person he should have to serve. Why did they say that he does not have to serve? Not to damage the reputations of free persons. Rebbi Yose said, but it is so: “Rabban Simeon ben Gamliel says, in any case he shall serve; just as Israel are obligated to ransom free persons so they are obligated to ransom slaves.” The first Tanna is of the opinion that they are obligated to ransom free persons but they are not obligated to ransom slaves. Rebbi Jacob bar Idi in the name of Rebbi Simeon ben Laqish: Practice follows Rabban Simeon ben Gamliel.
HALAKHAH: “If a slave was kidnapped and ransomed,” etc. Rebbi Abbahu in the name of Ḥizqiah: It would be logical that even as a slave he should not have to serve. And why did they say, he has to serve? That a slave should not run away to the kidnappers. Rebbi Ze‘ira said, a baraita implies this: “His master pays his ransom and frees him.” They said that only about his master, not anybody else. Rebbi Ila in the name of Rebbi Yasa: It would be logical that even as a free person he should have to serve. Why did they say that he does not have to serve? Not to damage the reputations of free persons. Rebbi Yose said, but it is so: “Rabban Simeon ben Gamliel says, in any case he shall serve; just as Israel are obligated to ransom free persons so they are obligated to ransom slaves.” The first Tanna is of the opinion that they are obligated to ransom free persons but they are not obligated to ransom slaves. Rebbi Jacob bar Idi in the name of Rebbi Simeon ben Laqish: Practice follows Rabban Simeon ben Gamliel.
Who frees? Rav says, either his first or his second master. Rebbi Joḥanan says, only his first master alone is able to free. Rebbi Ḥaggai objected before Rebbi Yose: Does not a baraita disagree with Rav? If a Jew gave a loan to a Gentile on the latter’s leavened matter, it is permitted after Passover. If you say that the Jew has property rights in it, it would be forbidden. What does Rav do with this? Rebbi Yudan said, manumission is made easy, as it was stated: If somebody gives his slave as mortgage, if he sold him, he is not sold; if he freed him, he is freed. The strength of Rebbi Joḥanan is from the following: Rabban Simeon ben Gamliel says, only the manumittor writes. If somebody mortgaged his field to another, then went and sold it, can the creditor not come and foreclose? Rebbi Abbahu said, in this matter Rebbi Joḥanan opened for us a door to illuminate. We do not find that a slave can again be enslaved after having been freed. If that is so, he should not have to write a bond for his value! Rebbi Ila said, it is better that a person say to him, give me the 200 zuz which you owe me than say to him, you are my slave! The rabbis of Caesarea say in Rebbi Nasa’s name: Rabban Simeon ben Gamliel follows Rebbi Meïr. Just as Rebbi Meїr imposes a fine for words, so Rabban Simeon ben Gamliel imposes a fine for words. As it was stated: With a bond documenting both principal and interest one can collect neither principal nor interest, the words of Rebbi Meїr. But the Sages say, one collects the principal but not the interest.
Who frees? Rav says, either his first or his second master. Rebbi Joḥanan says, only his first master alone is able to free. Rebbi Ḥaggai objected before Rebbi Yose: Does not a baraita disagree with Rav? If a Jew gave a loan to a Gentile on the latter’s leavened matter, it is permitted after Passover. If you say that the Jew has property rights in it, it would be forbidden. What does Rav do with this? Rebbi Yudan said, manumission is made easy, as it was stated: If somebody gives his slave as mortgage, if he sold him, he is not sold; if he freed him, he is freed. The strength of Rebbi Joḥanan is from the following: Rabban Simeon ben Gamliel says, only the manumittor writes. If somebody mortgaged his field to another, then went and sold it, can the creditor not come and foreclose? Rebbi Abbahu said, in this matter Rebbi Joḥanan opened for us a door to illuminate. We do not find that a slave can again be enslaved after having been freed. If that is so, he should not have to write a bond for his value! Rebbi Ila said, it is better that a person say to him, give me the 200 zuz which you owe me than say to him, you are my slave! The rabbis of Caesarea say in Rebbi Nasa’s name: Rabban Simeon ben Gamliel follows Rebbi Meïr. Just as Rebbi Meїr imposes a fine for words, so Rabban Simeon ben Gamliel imposes a fine for words. As it was stated: With a bond documenting both principal and interest one can collect neither principal nor interest, the words of Rebbi Meїr. But the Sages say, one collects the principal but not the interest.
Who frees? Rav says, either his first or his second master. Rebbi Joḥanan says, only his first master alone is able to free. Rebbi Ḥaggai objected before Rebbi Yose: Does not a baraita disagree with Rav? If a Jew gave a loan to a Gentile on the latter’s leavened matter, it is permitted after Passover. If you say that the Jew has property rights in it, it would be forbidden. What does Rav do with this? Rebbi Yudan said, manumission is made easy, as it was stated: If somebody gives his slave as mortgage, if he sold him, he is not sold; if he freed him, he is freed. The strength of Rebbi Joḥanan is from the following: Rabban Simeon ben Gamliel says, only the manumittor writes. If somebody mortgaged his field to another, then went and sold it, can the creditor not come and foreclose? Rebbi Abbahu said, in this matter Rebbi Joḥanan opened for us a door to illuminate. We do not find that a slave can again be enslaved after having been freed. If that is so, he should not have to write a bond for his value! Rebbi Ila said, it is better that a person say to him, give me the 200 zuz which you owe me than say to him, you are my slave! The rabbis of Caesarea say in Rebbi Nasa’s name: Rabban Simeon ben Gamliel follows Rebbi Meïr. Just as Rebbi Meїr imposes a fine for words, so Rabban Simeon ben Gamliel imposes a fine for words. As it was stated: With a bond documenting both principal and interest one can collect neither principal nor interest, the words of Rebbi Meїr. But the Sages say, one collects the principal but not the interest.
MISHNAH: If somebody sells his slave to Gentiles or outside the Land, the slave gains his freedom. One does not ransom kidnap victims for more than the going rate because of the public good. One does not smuggle kidnap victims out because of the public good; Rabban Simeon ben Gamliel says, because of the welfare of the kidnap victims. One does not buy Torah scrolls, phylacteries, and mezuzot from Gentiles for more than their worth because of the public good.
“One does not ransom kidnap victims for more than the going rate because of the public good. Rabban Simeon ben Gamliel says, because of the welfare of the kidnap victims.” That they should not be put in chains. “One does not smuggle kidnap victims out because of the public good.”
MISHNAH: For tort victims one estimates with best quality land, for a creditor with average quality, and for a woman’s ketubah with lowest quality. Rabban Simeon ben Gamliel says, also for a woman’s ketubah with average quality.
MISHNAH: Somebody who says, accept this bill of divorce for my wife, or bring this bill of divorce to my wife, may retract if he wants to retract. If a woman said, accept the bill of divorce for me, he cannot retract even if he wants to retract. Therefore, if the husband said, it is not possible for me that you accept for her but bring and deliver it to her, he may retract if he wants to retract. Rabban Simeon ben Gamliel says, even if she says, take my the bill of divorce for me, he cannot retract even if he wants to retract.
Rebbi Ḥanina said, practice follows Rabban Gamliel: if she said “take for me, it should be mine in your hand.” A man sent a bill of divorce to his wife. She told [the agent]: “It should be mine in your hand.” The casecame before Rav, who said, if he wants to retract he cannot retract. Does he disagree? There is a difference between “it should be in your hand” and “it should be mine in your hand.” Rebbi Ḥizqiah said, I know the beginning and the end. A woman appointed an agent to accept her bill of divorce from the husband’s agents. The case came before Rav, who said, if he wants to retract he cannot retract. Rav’s opinion has switched! There, Rav Huna said in the name of Rav: A woman cannot appoint an agent to accept her bill of divorce from her husband’s agent, and here, he says so? I say, he was standing behind the door and heard her voice.
MISHNAH: If somebody was thrown into a cistern and said, anybody hearing my voice should write a bill of divorce for my wife, they should write and deliver. If a healthy person said, write a bill of divorce for my wife, he wants to make fun of her. It happened to a healthy person who had said, write a bill of divorce for my wife, that he went on the roof, fell down, and died. Rabban Simeon ben Gamliel said, the Sages said that if he jumped, it is a bill of divorce; if the wind pushed him, it is no bill of divorce.
If it was doubtful whether he jumped or the wind pushed him? Let us hear from the following: Rabban Simeon ben Gamliel says, if he fell down immediately, it is a bill of divorce; if he fell after some time it is no bill of divorce. But is “immediately” not a case of doubt whether he jumped or the wind pushed him? This implies that in case of doubt whether he jumped or the wind pushed him, it is a bill of divorce.
It was stated: “If a deaf-mute person gave heave, it is not heave. Rabban Simeon ben Gamliel said, to what does this refer? If he was born deaf-mute. But if he was normal and became deaf and dumb, he writes and others confirm his signature.”
MISHNAH: “This is your bill of divorce on condition that you give me 200 zuz;” she is divorced and has to pay. “On condition that you give me within thirty days,” if she paid within thirty days she is divorced, otherwise she is not divorced. Rabban Simeon ben Gamliel said, it happened in Sidon that someone said to his wife “this is your bill of divorce on condition that you return to me my stole” and it turned out that his stole was lost; then the Sages said, she shall pay him its value.
HALAKHAH: “This is your bill of divorce on condition that you give me 200 zuz,” etc. It was stated: If she did not manage to pay before he died, Rabban Simeon ben Gamliel says, she pays his father or his brother and is free from ḥalîṣah and levirate marriage. The same holds for preliminary marriage: “You are preliminarily married to me on condition that I shall give you 200 zuz;” if he did not manage to pay before he died, Rabban Simeon ben Gamliel says, his father or his brother pay and she is subject to ḥalîṣah or levirate marriage.
HALAKHAH: “This is your bill of divorce on condition that you give me 200 zuz,” etc. It was stated: If she did not manage to pay before he died, Rabban Simeon ben Gamliel says, she pays his father or his brother and is free from ḥalîṣah and levirate marriage. The same holds for preliminary marriage: “You are preliminarily married to me on condition that I shall give you 200 zuz;” if he did not manage to pay before he died, Rabban Simeon ben Gamliel says, his father or his brother pay and she is subject to ḥalîṣah or levirate marriage.
MISHNAH: “This is your bill of divorce on condition that you serve my father,” “on condition that you breast-feed my son,” how long does she have to breast-feed him? Two years; Rebbi Jehudah says, eighteen months. If the son or the father died, it is a valid divorce. “On condition that you serve my father for two years,” or “on condition that you breast-feed my son for two years;” if the son died or the father said, I cannot stand you serving me (without being offended), it is no divorce. Rabban Simeon ben Gamliel said, that is a divorce. Rabban Simeon ben Gamliel stated a principle: Given any hindrance which is not from her side, it is a divorce.
MISHNAH: “This is your bill of divorce on condition that you serve my father,” “on condition that you breast-feed my son,” how long does she have to breast-feed him? Two years; Rebbi Jehudah says, eighteen months. If the son or the father died, it is a valid divorce. “On condition that you serve my father for two years,” or “on condition that you breast-feed my son for two years;” if the son died or the father said, I cannot stand you serving me (without being offended), it is no divorce. Rabban Simeon ben Gamliel said, that is a divorce. Rabban Simeon ben Gamliel stated a principle: Given any hindrance which is not from her side, it is a divorce.
A person gave money for a ship when the canal dried up. The case came before Rav Naḥman bar Jacob: There is the ship, bring the canal! Abba bar Huna in the name of Rebbi Abba was praying that the canal should dry up and he could recover his money. He said, Rebbi Joḥanan and Rebbi Abba are of the same opinion as Rabban Simeon ben Gamliel. If she cut off, she hindered. If her hand (?) was cut off, it is not as if she hindered.
Rebbi Joḥanan said, the Mishnah applies if one witness is missing, but only if there are three or more. Two or three at the beginning is invalid, one below the three is valid. Rebbi Mana asked: That is, if they are continuous. If they are with interruptions? As one says, they are considered like testimony at a distance, they only serve to certify the testimony. And so it is here. If there were nine, can he untie two and have two sign? Or are two witnesses on a knotted document nothing? If there were five, it is obvious that he unties one and has it signed. It turns out that his untying permits it following Rebbi Ḥananiah ben Gamliel, for Rebbi Ḥananiah ben Gamliel says, the essential part is what validates, even if he ties and signs after that. That is, if he ties all knots and after that the first three [witnesses] did sign. But if he tied the first three and had them signed, even if he makes many ties and lets many sign it is valid. Practice is that a knotted document is first knotted and then signed. If he made the first knots and had them signed right away, it is obvious that the first two did not sign the knotted document.
Rebbi Joḥanan said, the Mishnah applies if one witness is missing, but only if there are three or more. Two or three at the beginning is invalid, one below the three is valid. Rebbi Mana asked: That is, if they are continuous. If they are with interruptions? As one says, they are considered like testimony at a distance, they only serve to certify the testimony. And so it is here. If there were nine, can he untie two and have two sign? Or are two witnesses on a knotted document nothing? If there were five, it is obvious that he unties one and has it signed. It turns out that his untying permits it following Rebbi Ḥananiah ben Gamliel, for Rebbi Ḥananiah ben Gamliel says, the essential part is what validates, even if he ties and signs after that. That is, if he ties all knots and after that the first three [witnesses] did sign. But if he tied the first three and had them signed, even if he makes many ties and lets many sign it is valid. Practice is that a knotted document is first knotted and then signed. If he made the first knots and had them signed right away, it is obvious that the first two did not sign the knotted document.
Where do we hold? If he knotted and signed it inside, everybody agrees that it can be made simple. If he knotted and signed it outside, everybody agrees that it cannot be made simple. But we must deal with the case that he knotted it from the inside and then signed it on the outside; in that case Rebbi Ḥananiah ben Gamliel said that it can be made simple but the rabbis say, it cannot be made simple. {Rebbi objected to the statement of Ḥananiah ben Gamliel: “The body of the document.” If he knotted and signed it outside, everybody agrees that it cannot be made simple. But we must deal with the case that he knotted it from the inside and then signed it on the outside; in that case Rebbi Ḥananiah ben Gamliel said that it can be made simple, but the rabbis say, it cannot be made simple.) Rebbi objected to the statement of Rebbi Ḥananiah ben Gamliel: The body of the document shows whether it is simple or not simple. What is the body of the document? Rebbi Abba said, as Rav Huna said, witnesses never sign below unless they first read before them: “I X son of Y accept everything written above.” But did we not state: “That is the formula of a document”? Rebbi Mana said, that is the formula of a knotted document. Rebbi Abin said, even if you say it is the same for knotted and simple, for a knotted document it is a necessity, for a simple one it is not a necessity. Rebbi Aḥa said, if one adds to practice. A simple document [is witnessed] by two persons. If common usage is to have three, one makes it with three. A knotted document is signed on its back. If common usage is to sign it inside and out, one signs it inside and out.
Where do we hold? If he knotted and signed it inside, everybody agrees that it can be made simple. If he knotted and signed it outside, everybody agrees that it cannot be made simple. But we must deal with the case that he knotted it from the inside and then signed it on the outside; in that case Rebbi Ḥananiah ben Gamliel said that it can be made simple but the rabbis say, it cannot be made simple. {Rebbi objected to the statement of Ḥananiah ben Gamliel: “The body of the document.” If he knotted and signed it outside, everybody agrees that it cannot be made simple. But we must deal with the case that he knotted it from the inside and then signed it on the outside; in that case Rebbi Ḥananiah ben Gamliel said that it can be made simple, but the rabbis say, it cannot be made simple.) Rebbi objected to the statement of Rebbi Ḥananiah ben Gamliel: The body of the document shows whether it is simple or not simple. What is the body of the document? Rebbi Abba said, as Rav Huna said, witnesses never sign below unless they first read before them: “I X son of Y accept everything written above.” But did we not state: “That is the formula of a document”? Rebbi Mana said, that is the formula of a knotted document. Rebbi Abin said, even if you say it is the same for knotted and simple, for a knotted document it is a necessity, for a simple one it is not a necessity. Rebbi Aḥa said, if one adds to practice. A simple document [is witnessed] by two persons. If common usage is to have three, one makes it with three. A knotted document is signed on its back. If common usage is to sign it inside and out, one signs it inside and out.
Where do we hold? If he knotted and signed it inside, everybody agrees that it can be made simple. If he knotted and signed it outside, everybody agrees that it cannot be made simple. But we must deal with the case that he knotted it from the inside and then signed it on the outside; in that case Rebbi Ḥananiah ben Gamliel said that it can be made simple but the rabbis say, it cannot be made simple. {Rebbi objected to the statement of Ḥananiah ben Gamliel: “The body of the document.” If he knotted and signed it outside, everybody agrees that it cannot be made simple. But we must deal with the case that he knotted it from the inside and then signed it on the outside; in that case Rebbi Ḥananiah ben Gamliel said that it can be made simple, but the rabbis say, it cannot be made simple.) Rebbi objected to the statement of Rebbi Ḥananiah ben Gamliel: The body of the document shows whether it is simple or not simple. What is the body of the document? Rebbi Abba said, as Rav Huna said, witnesses never sign below unless they first read before them: “I X son of Y accept everything written above.” But did we not state: “That is the formula of a document”? Rebbi Mana said, that is the formula of a knotted document. Rebbi Abin said, even if you say it is the same for knotted and simple, for a knotted document it is a necessity, for a simple one it is not a necessity. Rebbi Aḥa said, if one adds to practice. A simple document [is witnessed] by two persons. If common usage is to have three, one makes it with three. A knotted document is signed on its back. If common usage is to sign it inside and out, one signs it inside and out.