hoshaia

“But if he wrote in terms of gift, whether at the start, or the middle, or the end, his words are upheld.” Rebbi Hoshaia said: “There shall be given to Mr. X the inheritance I want him to inherit.” “X should inherit the gift I want him to inherit.” “X shall inherit the inheritance which I gave to him.” “Write and give field X to person Y.” Rebbi Eleazar and Rebbi Simeon ben Yaqim brought a case before Rebbi Joḥanan He told them, if it is documentation, then write and deliver. If it is to transfer property, everybody agrees that nobody can transfer property after his death.

Rav Jeremiah in the name of Rav: That there should be twelve months of sustenance for all of them. Samuel said, this is the opinion of Rabban Gamliel ben Rebbi, but the words of the Sages are, until they reach adulthood or are married. That is both a leniency and a restriction. Sometimes they are close to adulthood, sometimes far from adulthood. They asked before Rebbi Ḥiyya bar Abba, what did you hear from Rebbi Joḥanan? He said to them, I did not hear anything from him concerning this matter except what Nathan bar Hoshaia asked before Rebbi Joḥanan: what if there was sustenance for twelve months but the estate diminished in value? He answered him, since they started with permission, they started.

Rebbi Ḥanina said, if somebody definitively married off his son in a house, the latter acquired it. Rebbi Hoshaia stated, the house but not the movables. Rebbi La divided the dining hall between himself and his son. Rebbi Ḥaggai asked Rebbi Yose: If the ceremony was in the bedroom but the wedding party was in the dining room, what is the rule? He told him, one does not see him leaving.

There is no lengthening of the month, but sanctification of the month. Samuel says, sanctification of the month needs no less than ten [participants]120. Should Fellows be able to enter for the sanctification of the month? Rebbi Hoshaia said, I was a Fellow and Rebbi Samuel bar Rav Isaac took me to the sanctification of the month, but I do not know whether I was counted or not. It is obvious that he was not counted, but why? Was it because he was his son-in-law, or because Fellows are nor able to enter for the sanctification of the month? Rebbi Cahana said, I was a Fellow when Rebbi Tanḥum bar Ḥiyya took me to the sanctification of the month and I was counted. This implies that Fellows enter for the sanctification of the month.

Rebbi Hoshaia, when he received witnesses at Kallirhoë, used to say to them: you should know the importance of the testimony that comes from your mouths; how much rent money depends on your mouths. Rebbi Abuna said, if it is so, it is even a matter of criminal law. If somebody sleeps with a girl three years and one day old, he is stoned. The court decides to lengthen, if he sleeps with her he is not stoned. Rebbi Abun said, I am calling to Almighty God, to the God Who decides with me. If a girl is three years and one day old, if the court decides to lengthen her hymen does (not) repair itself, otherwise it does [not] repair itself.

“One may start a war of choice only by the court of 71 [judges]. Rebbi Jehudah says, as at the start: David ascended following Gad’s word, that is king and prophet. Solomon started to build the Temple of the Eternal, Israel’s God, on Mount Moriah where He had appeared to him, there are Urim and Tummim. To his father David, this is the Synhedrion, ask your father and he will tell you, your Elders and they will speak to you. Song, after them went Hoshaia and half the officers of Judea. Thanksgiving sacrifices, I put up two large thanksgiving sacrifices being in procession going to their right on the wall going to the dung gate. Rebbi Samuel bar Yudan said, what is written, walking? No, being in procession, only being taken by others.

Rav Huna bar Ḥiyya in the name of Rav quotes it from the words of the Torah. As all that I am showing you, the shape of the building and the shape … of all its vessels, so you shall execute. So you shall execute in all generations. Moses is king and prophet. Aaron represents Urim and Tummim. Assemble for me seventy men from the Elders of Israel, that is the Synhedrion; ask your father and he will tell you, etc. Song, after them went Hoshaia and half the officers of Judea. Thanksgiving sacrifices, I put up two large thanksgiving sacrifices being in procession going to their right on the wall going to the dung gate. Rebbi Samuel bar Yudan said, what is written, walking? No, being in procession, only being taken by others.

“One only declares a town to be deviant.” Rebbi Joḥanan in the name of Rebbi Hoshaia: Three Amoraïm, one says, one makes one but not two. The other said, clusters one makes, dispersed ones one does not make. The other said, dispersed one does not make at all, lest Gentiles spread and come to the Land of Israel; some want to say that enemies should not spread and lay waste.

Or like the following. “One accepts the witnesses’ testimony only if they saw it together. Rebbi Joshua ben Qorḥa says, even if they saw it one after the other.” Rebbi Jeremiah in the name of Rav: The Sages agree with Rebbi Joshua ben Qorḥa with regard to witnesses of firstlings and witnesses of squatters’ rights. Rebbi Abba in the name of Rebbi Jeremiah: the same holds for testimony regarding signs. In that case, it is obvious if one says, I saw two hairs on his back and the other says, I saw two hairs on his side. If one says, I saw one hair on his back and the other says, I saw one hair on his belly, that is nothing; so much more his back and his side. Two are saying, we saw one hair on his back; and two are saying, we saw one hair on his belly. Rav Yose and Rav Hoshaia ben Rav Shammai, one said, it is invalid, but the other said, it is valid. He who says it is invalid considers him as one who testifies to half a sign. He who says it is valid? I say, maybe they were rubbed off. One says, two hairs on his back; and one says, two on his belly. Rebbi Abba said, everybody agrees that this is valid. Rebbi Ḥaggai said, everybody agrees that this is invalid [testimony]. Rebbi Yose said, this is in disagreement. Rebbi [Yose] said to Rebbi Ḥaggai, does not Rebbi Yudan follow my opinion? He answered, I am disagreeing with his teacher, so much more with him. Rebbi Mama said, Rebbi Ḥaggai was correct. If a document was signed by four seals, if one person verified the signature of two [witnesses], and another those of the other two, and the document was attacked, is that worth anything? Does not every single signature need two witnesses? And here, every single hair needs two witnesses. Rebbi Ḥinena learns it (because of) [from the years of] squatting rights. If one [witness] testified that he ate from the property the first, second, and third years and another testified that he ate it the fourth, fifth, and sixth years, is that worth anything? Does not every single year need two witnesses? And here, every single hair needs two witnesses.

Does a judicial confirmation need a court? Rebbi Hoshaia in the name of Samuel, Rav Bannai in the name of Samuel. One said, it should be confirmed either by the handwriting of the witnesses or the handwriting of the judges; the other said, even with one handwriting and one judge.

From where that in criminal trials the voting starts from the side? Samuel the Elder stated before Rebbi Aḥa: David told his men, each gird his sword, and after this, they were sitting in judgment about Nabal. Rebbi Thema bar Pappaias in the name of Rav Hoshaia: Also when disqualifying families one starts from the side.

The king said, I shall give. The king took the two sons of Riṣpah bat Ayah. Michal, Saul’s daughter, did not have a child, and you say so? Say now that they were sons of Merab but Michal raised them, so they were named after her. The king gave them into the hand of the Gibeonites who hanged them on the mountain before the Eternal. All seven is written defective of one letter. That refers to Mephiboshet, for whom David prayed and whom the altar received. He told them, I let them pass by the altar and anyone whom the altar receives will be his, because of Mephiboshet who was great in Torah. He let him pass by the altar, which received him. Rebbi Avin said, I shall call to the Most High God, to the Power Who has the ultimate decision over me. For the Holy One, praise to Him, agreed with David. They were killed on the day of harvest …at the start of the barley harvest. Riṣpah bat Ayah took a garment and laid it out on the rock. What means on the rock? Rebbi Hoshaia said, she was reciting: The rock, perfect is His action. Rebbi Abba bar Zamina in the name of Rebbi Hoshaia: Sanctification of the Name is greater than desecration of the Name. Referring to sanctification of the Name it is written: Do not leave his corpse overnight. But referring to desecration of the Name it is written that they were left hanging until water was poured on them. This teaches that they were hanging from the sixteenth of Nisan to the seventeenth of Marḥeshwan. The passers-by were saying: How did these people sin that the rules of justice were changed for them? They were answered: Because these had attacked cursed proselytes. Is that not an argument de minore ad majus? Since even for those who did not convert for the sake of Heaven, the Eternal avenged their blood; if one would convert for the sake of Heaven not so much more? Many converts were converted at that time; that is what is written: Solomon counted all proselytes … and appointed from them 70’000 carriers, etc.

The king said, I shall give. The king took the two sons of Riṣpah bat Ayah. Michal, Saul’s daughter, did not have a child, and you say so? Say now that they were sons of Merab but Michal raised them, so they were named after her. The king gave them into the hand of the Gibeonites who hanged them on the mountain before the Eternal. All seven is written defective of one letter. That refers to Mephiboshet, for whom David prayed and whom the altar received. He told them, I let them pass by the altar and anyone whom the altar receives will be his, because of Mephiboshet who was great in Torah. He let him pass by the altar, which received him. Rebbi Avin said, I shall call to the Most High God, to the Power Who has the ultimate decision over me. For the Holy One, praise to Him, agreed with David. They were killed on the day of harvest …at the start of the barley harvest. Riṣpah bat Ayah took a garment and laid it out on the rock. What means on the rock? Rebbi Hoshaia said, she was reciting: The rock, perfect is His action. Rebbi Abba bar Zamina in the name of Rebbi Hoshaia: Sanctification of the Name is greater than desecration of the Name. Referring to sanctification of the Name it is written: Do not leave his corpse overnight. But referring to desecration of the Name it is written that they were left hanging until water was poured on them. This teaches that they were hanging from the sixteenth of Nisan to the seventeenth of Marḥeshwan. The passers-by were saying: How did these people sin that the rules of justice were changed for them? They were answered: Because these had attacked cursed proselytes. Is that not an argument de minore ad majus? Since even for those who did not convert for the sake of Heaven, the Eternal avenged their blood; if one would convert for the sake of Heaven not so much more? Many converts were converted at that time; that is what is written: Solomon counted all proselytes … and appointed from them 70’000 carriers, etc.

But Rebbi Joḥanan himself had a problem: from where does one prove it? Rebbi Abbahu in the name of Rebbi Eleazar in the name of Rebbi Hoshaia: Two prohibitions and one extirpation, the prohibitions split the extirpation. For example, it should not be used to be rubbed on anybody’s skin and in its proportions you shall not imitate it, and it is written, a person who would compound similarly, or who would put it on a stranger, will be extirpated from his people, that is two prohibitions and one extirpation. The prohibitions split the extirpation. Also from the following: Samuel bar Abba asked before Rebbi Ze`ura, should not well-being sacrifices, being treated separately, split all sancta regarding impurity? He told him, it was necessary that they be treated separately, to eliminate sancta destined for the upkeep of the Temple [regarding larceny], lest one be liable for them because of mushiness, leftovers, and impurity. But is that not a Mishnah? “All sancta destined for the altar combine with one another with respect to liability for mushiness, leftovers, and impurity,” in contrast to sancta destined for the upkeep of the Temple. Since they do not combine, they do (not) split. Rebbi Ḥanina said, what he really questioned, should they not split but combine ?

Does one have to rend one’s garments for blasphemy? Let us hear from the following: When king Hezekias heard the words of Rab Šake, he rent his garment. Does one have to rend for a Gentile’s blasphemy? According to him who said that Rab Šake was a Gentile, one rends. According to him who said that Rab Šake was an Israel, one does not rend. Rebbi Hoshaia stated: Both one who heard blasphemy from an Israel or one who heard from the mouth of a Gentile has to rend his garment. What is the reason? Since I am the Eternal, God over all flesh, should anything be extraordinary for me?

Rebbi Samuel bar Naḥmani in the name of Rebbi Hoshaia: If one says to it, you are my god, there is disagreement between Rebbi and the Sages. If he (prostrated himself), what is the rule? Rebbi Joḥanan said, everybody agrees that if he lowered his body, he is guilty. What is the difference between raising and lowering his body, and raising and lowering his lips? Rebbi Joḥanan said, following disagreement. Rebbi Simeon ben Laqish said, following the distinction. Rebbi Zeˋira said, a verse supports Rebbi Simeon ben Laqish: One rule should be for you, for the one acting in error. This only refers to what represents an action. The one who embraces (and who prostrates himself), which are not action, from where?

Rebbi Abba, Rebbi Joḥanan in the name of Rav Hoshaia: he is guilty only if he steals money. Rebbi Zeˋira in the name of Rebbi Hoshaia: he is guilty only if he shows contempt for money. What means showing contempt for money? Where do we hold? If about him who says, here you have five and give me for three, he is an idiot. Here you have three and give me for five, he is a regular person. But we deal with one who says, here you have five and give me for five.

Rebbi Abba, Rebbi Joḥanan in the name of Rav Hoshaia: he is guilty only if he steals money. Rebbi Zeˋira in the name of Rebbi Hoshaia: he is guilty only if he shows contempt for money. What means showing contempt for money? Where do we hold? If about him who says, here you have five and give me for three, he is an idiot. Here you have three and give me for five, he is a regular person. But we deal with one who says, here you have five and give me for five.

Rebbi Joḥanan said, if one of the first [judges] died, he cannot be stoned. Is that not the Mishnah: “he cannot be stoned unless the original three were present”? Rebbi Hoshaia said, you should not say that the second trial should become the first; therefore, one had to state this.

It was stated: If an heir’s father held a partially paid promissory note, the son collects without swearing. In this the son’s power is greater than the father’s since the father can collect only by swearing. Rebbi Eleazar said, nevertheless he has to execute an heir’s oath, “that our father did not charge us, that our father did not tell us, that we did not find a document among our father’s documents stating that this note was paid.” Therefore, if there was a document, the note was paid. Rebbi Hoshaia asked, does the baraita follow the House of Shammai? For the House of Shammai say, “she collects her ketubah and does not drink.” Rebbi Yose said, there the reason of the House of Shammai is: bring my husband and I shall drink! But here, it would be in order that even his father would not have to swear. They instituted a rule that he has to swear. They instituted this for him, but not for his son. When he died, you put his son on the biblical rule.

The following is obvious: A murderer who broke vessels or otherwise caused damage is liable to pay. If he continued to break until he came to the town, Rebbi Zeˋira and Rebbi Hoshaia: One said, he pays, the other said, he does not pay. If the pursuer becomes the pursued, may one save the pursuer through the person of the pursued? An adult (who became) a minor, may one save the adult through the person of the minor? Rebbi Jeremiah objected, did we not state: “If his head and most of his body were born, one does not touch him, for one does not push aside one life for another.” Rebbi Yose ben Rebbi Abun said in the name of Rav Ḥisda: It is different there since you do not know who is killing whom.

Bar Qappara said, Ahaz and all evil kings of Israel have no part in the World to Come. What is the reason? All their kings fell, not one of them calls to Me. They objected to him: Is he not mentioned in the era of kings, in the days of Uzziahu, Yotham, Ahaz, Yeḥizqiahu the kings of Jehudah? He answered them, because he showed shame. How did he show shame? Rebbi Aḥa in the name of Rebbi Eleazar, Rebbi Yose in the name of Rebbi Joshua ben Levi: You find that when the prophet came to accuse him, he fled to an impure place and buried his face in an impure place, implying that the Divine Presence does not dwell at an impure place. That is what is written: The Eternal said to Isaiah, please go out towards Aḥaz, you and your son Še’ar Yašuv, to the end of the canal of the upper pond, to the path of the fuller’s field. Do not read fuller’s but suppressing. He hid his face and fled before him. (How is that? When the prophet came to accuse him, he fled to an impure place and buried his face in an impure place.) Rebbi Jehudah says, because he was made to suffer about his firstborn son. What is the reason? Zimri, the strongman of Ephraim, killed etc. Rebbi Hoshaia the Elder said, because his father was just. But was Manasse’s father not just? Manasse’s father was just but his son was evil. Hezekias’s father was evil and his son was evil. That is what Hezekias says: Behold about peace, bitter is bitter for me. Bitter before me, from Aḥaz. Bitter after me, from Manasse. Aḥaz’s father was just and his son just, that is what is written: hand to hand will not cleanse evil, but the seed of the just will escape. [Rebbi Phineas said.] it is not written “the seed of a just will escape” but the seed of the just will escape. The seed lying between two just men will escape.

And like planted nails. Why does he not say, “like fixed nails and planted trees”? They chose and selected the iron and improved the planting of iron rods. Another explanation, and like planted nails. Just as this nail, once it has been fixed, if you then remove it from its place, its place remains visible; so everybody against whom the rabbis stretched out their hand, even if afterwards they took him back, in the end he will take what is coming to him from their hands. Another explanation, and like planted nails; it is written watches. Since there are 24 watches, there should be 24 nails. How many nails should it have? Rebbi Joḥanan said five, corresponding to the five books of the Torah. Rebbi Ḥinena said seven, corresponding to your days are your steps. Rebbi Aḥa explained following Rebbi Ḥanina: nine. Rebbi put eleven on one [shoe] and thirteen on the other, for the number of watches. Rebbi Yose ben Ḥanina said, a crooked nail is not counted with the nails. Rebbi Abba bar Zavda asked before Rebbi Zeˋira: may one put all of them on one boot? He told him, it is permitted. May one put all of them on one sandal? He told him, it is permitted. It was stated: One does not scrape old boots or sandals but one may anoint them or dip them in water. Rebbi Crispus in the name of Rebbi Joḥanan: The students of the Elder Rebbi Ḥiyya say that those of first rank said, one may scrape, those of second rank said, one may not scrape. They asked Rebbi, who told them, one does not scrape. Rebbi Zeˋira said, here goes one of the students of the Elder Rebbi Ḥiyya. Rebbi Ḥiyya bar Ashi said, we used to sit before Rav and were anointing and rinsing, but not scraping. It was stated: A person should wear new boots and sandals only if he walked in them during daytime. How far should he walk? The people from the house of Bar Qappara said, from the House of Study of Bar Qappara to the House of Study of Rebbi Hoshaia. The Sepphoreans say, from the Babylonian synagogue to Rebbi Ḥama bar Ḥanina’s house. The Tiberians say, from the Academy to Rebbi Hoshaia’s store. It was stated: Nobody should anoint his foot in a shoe or sandal but he may anoint his foot and step into his shoe or his sandal. One may anoint himself and roll on a tarpaulin without worry. One should not put it on a marble slab to roll himself in it, but Rabban Gamliel permits it. Another explanation, and like planted nails. If words about Torah are spelled out clearly by their authors, they are sweet to their listeners like well-ordered saplings. But if they come out confused, they are as bitter for their listeners as nails.

And like planted nails. Why does he not say, “like fixed nails and planted trees”? They chose and selected the iron and improved the planting of iron rods. Another explanation, and like planted nails. Just as this nail, once it has been fixed, if you then remove it from its place, its place remains visible; so everybody against whom the rabbis stretched out their hand, even if afterwards they took him back, in the end he will take what is coming to him from their hands. Another explanation, and like planted nails; it is written watches. Since there are 24 watches, there should be 24 nails. How many nails should it have? Rebbi Joḥanan said five, corresponding to the five books of the Torah. Rebbi Ḥinena said seven, corresponding to your days are your steps. Rebbi Aḥa explained following Rebbi Ḥanina: nine. Rebbi put eleven on one [shoe] and thirteen on the other, for the number of watches. Rebbi Yose ben Ḥanina said, a crooked nail is not counted with the nails. Rebbi Abba bar Zavda asked before Rebbi Zeˋira: may one put all of them on one boot? He told him, it is permitted. May one put all of them on one sandal? He told him, it is permitted. It was stated: One does not scrape old boots or sandals but one may anoint them or dip them in water. Rebbi Crispus in the name of Rebbi Joḥanan: The students of the Elder Rebbi Ḥiyya say that those of first rank said, one may scrape, those of second rank said, one may not scrape. They asked Rebbi, who told them, one does not scrape. Rebbi Zeˋira said, here goes one of the students of the Elder Rebbi Ḥiyya. Rebbi Ḥiyya bar Ashi said, we used to sit before Rav and were anointing and rinsing, but not scraping. It was stated: A person should wear new boots and sandals only if he walked in them during daytime. How far should he walk? The people from the house of Bar Qappara said, from the House of Study of Bar Qappara to the House of Study of Rebbi Hoshaia. The Sepphoreans say, from the Babylonian synagogue to Rebbi Ḥama bar Ḥanina’s house. The Tiberians say, from the Academy to Rebbi Hoshaia’s store. It was stated: Nobody should anoint his foot in a shoe or sandal but he may anoint his foot and step into his shoe or his sandal. One may anoint himself and roll on a tarpaulin without worry. One should not put it on a marble slab to roll himself in it, but Rabban Gamliel permits it. Another explanation, and like planted nails. If words about Torah are spelled out clearly by their authors, they are sweet to their listeners like well-ordered saplings. But if they come out confused, they are as bitter for their listeners as nails.

Rebbi Abba, Rebbi Joḥanan in the name of Rebbi Hoshaia: he is punishable only if he steals money. Rebbi Zeˋira in the name of Rebbi Hoshaia: he is punishable only if he shows contempt for money. What means showing contempt for money? Where do we hold? If about him who says, here you have five and give me for three, he is an idiot. Here you have three and give me for five, he is a regular person. But we deal with one who says, here you have five and give me for five.

Rebbi Abba, Rebbi Joḥanan in the name of Rebbi Hoshaia: he is punishable only if he steals money. Rebbi Zeˋira in the name of Rebbi Hoshaia: he is punishable only if he shows contempt for money. What means showing contempt for money? Where do we hold? If about him who says, here you have five and give me for three, he is an idiot. Here you have three and give me for five, he is a regular person. But we deal with one who says, here you have five and give me for five.

The Torah said, four compartments for four paragraphs. If he made five compartments for four paragraphs, he is punishable. Rebbi Abba, Rebbi Joḥanan in the name of Rebbi Hoshaia: He is punishable only if he instructs in a matter whose root is from the Torah but whose explanation is from the words of the Sopherim; for example, the carcass; for example, the crawling animal, whose root is from the words of the Torah but whose explanation is from the words of the Sopherim. Rebbi Zeˋira said, he never is punishable unless he deny and instruct in a matter whose root is from the Torah but whose explanation is from the words of the Sopherim; for example, the carcass; for example, the crawling animal, whose root is from the words of the Torah but whose explanation is from the words of the Sopherim, on condition that he simultaneously deduct in a matter which permits subtraction and addition. The face of Rav Hoshaia lit up. He told him, do I need you that you enjoy it? I do not need you, I am adding to your statement. Thirteen years he went and came before his teacher even though he did not need him. Rebbi Samuel in the name of Rebbi Zeˋura: Was it not enough for him to have paid his respects to his teacher since anybody who pays his respects to his teacher is as if he paid his respects to the Divine Presence. Rebbi Berekhiah objected, did we not state, “the body of baheret is the square area of a split cilician bean”? Rebbi Abba Mari said, one who said it is pure. Rebbi Abba bar Mamal objected, did we not state, “two paragraphs in the mezuzzah”? He told him, phylacteries and mezuzah are the same. Rav Hamnuna objected, was it not stated: The ṣiṣit must be four finger lengths for four threads? He told him, in that he diminished but did not add. Rebbi Ḥaggai objected before Rebbi Yose, was it not stated, one third for the scalded, one third for round cakes, one third for flat cakes. If he used it in thirds, one third for the scalded, one third for round cakes, one third for flat cakes? He told him, he subtracts from the scalded and adds for round cakes and flat cakes.

The Torah said, four compartments for four paragraphs. If he made five compartments for four paragraphs, he is punishable. Rebbi Abba, Rebbi Joḥanan in the name of Rebbi Hoshaia: He is punishable only if he instructs in a matter whose root is from the Torah but whose explanation is from the words of the Sopherim; for example, the carcass; for example, the crawling animal, whose root is from the words of the Torah but whose explanation is from the words of the Sopherim. Rebbi Zeˋira said, he never is punishable unless he deny and instruct in a matter whose root is from the Torah but whose explanation is from the words of the Sopherim; for example, the carcass; for example, the crawling animal, whose root is from the words of the Torah but whose explanation is from the words of the Sopherim, on condition that he simultaneously deduct in a matter which permits subtraction and addition. The face of Rav Hoshaia lit up. He told him, do I need you that you enjoy it? I do not need you, I am adding to your statement. Thirteen years he went and came before his teacher even though he did not need him. Rebbi Samuel in the name of Rebbi Zeˋura: Was it not enough for him to have paid his respects to his teacher since anybody who pays his respects to his teacher is as if he paid his respects to the Divine Presence. Rebbi Berekhiah objected, did we not state, “the body of baheret is the square area of a split cilician bean”? Rebbi Abba Mari said, one who said it is pure. Rebbi Abba bar Mamal objected, did we not state, “two paragraphs in the mezuzzah”? He told him, phylacteries and mezuzah are the same. Rav Hamnuna objected, was it not stated: The ṣiṣit must be four finger lengths for four threads? He told him, in that he diminished but did not add. Rebbi Ḥaggai objected before Rebbi Yose, was it not stated, one third for the scalded, one third for round cakes, one third for flat cakes. If he used it in thirds, one third for the scalded, one third for round cakes, one third for flat cakes? He told him, he subtracts from the scalded and adds for round cakes and flat cakes.

If a prophet starts to prophesy, one listens to him if he gives a sign or miracle; otherwise one does not listen to him. Two prophets who prophesied indentically, two prophets who prophesied in the same sense? Rebbi Isaac and Rebbi Hoshaia: One said, each one has to provide a sign or a miracle; the other said, not each one has to provide a sign or a miracle. The one who said he did objected to the one who said he did not: Is it not written, Ezekias said to Isaias, what is the sign? He told him, that is different since he was occupied in reviving the dead. He shall revive us after two days; on the third day He will lift us up and we shall live before Him.

HALAKHAH: “But about where there is no knowledge,” etc. Halakhah 5: “Rebbi Simeon used to say,” etc. Rebbi Eleazar in the name of Rebbi Hoshaia: The reason of Rebbi Jehudah is and one goat’s he-goat sin offering for the Eternal. This he-goat atones for a sin known only to the Eternal. I have not only the he-goat of the Day of the New Moon; from where the he-goats of the holidays? Rebbi Ze`ira said, and a he-goat, the copula adds to the prior subject. Rebbi Ze`ira and Rebbi Eleazar in the name of Rebbi Hoshaia, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: He gave it to you to lift the sins of the congregation. Where do we hold? If about Naḥshon’s he-goat, it atoned for his tribe. If about the he-goat of the Day of (Atonement), there is nothing similar in later generations. But we must deal with the he-goat of the Day of the New Moon. What about it? It is said here “lifting sin” and it is said there “lifting sin”, Aaron shall lift the sin of the sancta”. Since there it is the sinfulness of the offerings not the sins of the offerers, also here it is the sinfulness of the offerings not the sins of the offerers. What did you see to say, “for the pure person who ate impure”, maybe we should say for the impure person who ate pure? Rebbi Yose ben Rebbi Bun said, Rebbi Jehudah splits the argument of Rebbi Meїr; Rebbi Simeon splits the argument of Rebbi Jehudah. Rebbi Joḥanan agrees that the he-goat brought inside does not atone; rather it suspends. This parallels Rebbi Jonah in the name of Rebbi Ze`ira, he shall make it a purification offering. He fixed it for suspension, that it could not be changed.

HALAKHAH: “But about where there is no knowledge,” etc. Halakhah 5: “Rebbi Simeon used to say,” etc. Rebbi Eleazar in the name of Rebbi Hoshaia: The reason of Rebbi Jehudah is and one goat’s he-goat sin offering for the Eternal. This he-goat atones for a sin known only to the Eternal. I have not only the he-goat of the Day of the New Moon; from where the he-goats of the holidays? Rebbi Ze`ira said, and a he-goat, the copula adds to the prior subject. Rebbi Ze`ira and Rebbi Eleazar in the name of Rebbi Hoshaia, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: He gave it to you to lift the sins of the congregation. Where do we hold? If about Naḥshon’s he-goat, it atoned for his tribe. If about the he-goat of the Day of (Atonement), there is nothing similar in later generations. But we must deal with the he-goat of the Day of the New Moon. What about it? It is said here “lifting sin” and it is said there “lifting sin”, Aaron shall lift the sin of the sancta”. Since there it is the sinfulness of the offerings not the sins of the offerers, also here it is the sinfulness of the offerings not the sins of the offerers. What did you see to say, “for the pure person who ate impure”, maybe we should say for the impure person who ate pure? Rebbi Yose ben Rebbi Bun said, Rebbi Jehudah splits the argument of Rebbi Meїr; Rebbi Simeon splits the argument of Rebbi Jehudah. Rebbi Joḥanan agrees that the he-goat brought inside does not atone; rather it suspends. This parallels Rebbi Jonah in the name of Rebbi Ze`ira, he shall make it a purification offering. He fixed it for suspension, that it could not be changed.

Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: The one who stands before the Ark on New Year’s holiday does not have to mention the New Moon. Rebbi Aḥa bar Pappus said, it was stated thus: “The one who stands before the Ark on New Year’s holiday in the morning, the House of Shammai say, he prays eight [benedictions], but the House of Hillel say seven. For musaf, the House of Shammai say ten, but the House of Hillel say nine.” Should he not say eleven? Rebbi Yose said, where do they disagree? In a matter which needs a separate benediction. But here even on a weekday he simply includes it. So he should mention it in “Service”. Rebbi Yose asked, since the two he-goats of New Year’s day come because of the New Moon, why do you say that he does not have to mention the New Moon? Rebbi Yose ben Rebbi Bun said, does Rebbi Abba bar Mamal not ask correctly? As it was stated: “The two lambs of Pentecost and the two he-goats of New Year’s Day.” If the first atoned, what does the second atone for? For impurity that happened between them. Is that not Rebbi Simeon’s? And Rebbi Simeon splits atoning. But if both of them were for the New Moon? Rebbi Abba Mari said, you cannot do that, since it is written, in addition to the elevation offering of the month. In addition, from what we have stated, “twelve for the twelve months of the year.” A patrician stood before the Ark and did not mention the New Moon; they praised him. Rav Hoshaia asked: think of it, if they slaughtered both of them simultaneously? What impurity happened between them? Rebbi Bun said, if all of Israel are proper, would they not bring what the Torah prescribed for them?

HALAKHAH: “Whether one entered the courtyard,” etc. Rav said, at the start: David ascended following Gad’s word, that is King and Prophet. Solomon started to build the Temple of the Eternal in Jerusalem, these are Urim and Tummim. And his father David, this is the Synhedrion, ask your father and he will tell you. Song, after them went Hoshaia and the officers. Thanksgiving sacrifices, I put up two thanksgiving sacrifices. Rebbi Samuel bar Rebbi Yudan said, what is written, walking? No, being in procession.

This is the principle: One flogs for any prohibition involving an action, but one does not flog if there is no action except for one who substitutes, or swears, or curses a fellow man by the Name. Rebbi Abbahu in the name of Rebbi Joḥanan: This does not include one who substitutes; substituting implies speech and action. From where one who swears falsely? Rebbi Joḥanan in the name of Rebbi Yannai: For the Eternal will not cleanse; but the judges will cleanse him. From where one who cursed his fellow man by the Name? Rebbi Simeon ben Laqish in the name of Rebbi Hoshaia: To fear the Name, etc. The one who swears falsely in the opinion of Rebbi Simeon ben Laqish from where? Since he swore falsely, he does not fear. The one who cursed his fellow man by the Name in the opinion of Rebbi Simeon ben Laqish from where? Since he cursed, he does not fear. What is the difference between them? If one swore falsely and cursed a fellow man by the Name. In Rebbi Joḥanan’s opinion he is liable for two [punishments]. In Rebbi Simeon ben Laqish’s opinion he is only liable for one.

Or like the following. “One accepts the witnesses’ testimony only if they saw it together. Rebbi Joshua ben Qorḥa says, even if they saw it one after the other.” Rebbi Jeremiah, Rebbi Samuel ben Rav Isaac in the name of Rav Isaac who said in the name of Rav: The Sages agree with Rebbi Joshua ben Qorḥa with regard to witnesses of firstlings and witnesses of squatters’ rights. Rebbi Abba in the name of Rebbi Jeremiah: the same holds for testimony regarding signs. In that case, it is obvious if one says, I saw two hairs on his back and one says, I saw one hair on his back and the other says, I saw one hair on his belly, that is nothing; so much more his back and his back. Two are saying, we saw one hair on his back; and one is saying, I saw one hair on his belly. Rebbi Yose ben Rebbi Bun and Rebbi Hoshaia ben Rebbi Shammai, one said, it is invalid, but the other said, it is valid. He who says it is invalid considers him as one who testifies to half a sign. He who says it is valid? I say, maybe it was rubbed off. One says, I saw two hairs on his back; and one says, I saw two on his belly. Rebbi Abba said, everybody agrees that this is valid. Rebbi Ḥaggai said, everybody agrees that this is invalid [testimony]. Rebbi Yose says, this is in disagreement. Rebbi Yudan said, this is in disagreement. Rebbi Yose said to Rebbi Ḥaggai, does not Rebbi Yudan follow my opinion? He answered, I am disagreeing with his teacher, so much more with him. Rebbi Mana said, Rebbi Ḥaggai was correct. If a document was signed by four seals, if one person (permitted) two, and another (questioned) the other two, and the document was attacked, is that worth anything? Does not every single signature need two witnesses? And here, every single sign needs two witnesses. Rebbi Ḥanina learns it from the years of squatting rights. If one [witness] testified that he ate from the property the first, second, and third years and another testified that he ate it the fourth and fifth years, is that worth anything? Does not every single year need two witnesses? And here, every single sign needs two witnesses.

Rebbi Marinus was guarantor for his daughter-in-law. They went to court before Rebbi Ḥama the father of Bat Qappara and Rebbi Hoshaia. After he had admitted he said to him, I gave. They asked the Elder Rebbi Ḥiyya; Rebbi Ḥiyya asked Rebbi: One who became liable in court cannot be trusted. What is the meaning of “he cannot be trusted”? Rebbi Abbahu in the name of Rebbi Joḥanan: If he pays on his own initiative, he is trusted when he says, I gave. But from the orders of others, he cannot be trusted. Rebbi Abun bar Cahana said, also for oaths it is the same. What is the meaning of “also for oaths it is the same”? Rebbi Abbahu in the name of Rebbi Joḥanan: If he swears on his own initiative, he is trusted when he says, I swore. But from the orders of others, he cannot be trusted.

Rav Hoshaia said before Rebbi Immi in the name of the rabbis there: the oath returned to Sinai. Rebbi Joḥanan in the name of Rebbi Yannai: the oath returned to the parties. He who said, the oath returned to Sinai, it is as if there was no testimony; the burden of proof is on the claimant. He who said, the oath returned to the parties, since that man is suspect and cannot swear for me, get up and pay me.

Rebbi Yose bar Ḥanina asked, what was said, to take? Took? Did not Rebbi Hoshaia state, “it broke”; if it turned into vinegar he pays for everything? It turned into vinegar only because of its spoilage. Rebbi Samuel, Rebbi Abbahu in the name of Rebbi Eleazar. “Grabbing” which was mentioned for the unpaid keeper makes him liable only if he diminished. Rebbi Samuel asked before Rebbi Abbahu: What has been said about taking? That he diminished or even if he did not diminish? He said to him, is that not Rebbi Yose bar Ḥanina’s question, to take, took? If you say “to take”, even if he did not diminish. If you say “took,” only when he diminished. If you say “to take”, if he returned it either to its former place or to another place he is not liable. If you say “took,” if he returned it to its former place he is not liable, to another place he is liable.

Rebbi Eleazar in the name of Rebbi Hoshaia: “Grabbing” is mentioned for the unpaid keeper and “grabbing” is mentioned for the paid keeper, but “grabbing” mentioned for the unpaid keeper is not comparable to “grabbing” mentioned for the paid keeper. “Grabbing” mentioned for the unpaid keeper does not make him liable unless he move it. “Grabbing” mentioned for the paid keeper, he is liable from the moment he puts his staff and his bag on it. Rebbi Yose ben Nehorai heard this and said, I am not accepting this, but in any case he is not liable unless he move it. Rebbi Immi in the name of Rebbi Eleazar: But did not Rebbi Hoshaia state it in this way? If “grabbing” had not been mentioned for the unpaid keeper as unnecessary, I would have inferred from the recipient of a fee. Since the recipient of a fee, with whom the Torah was strict, does not become liable unless he move it, it is only logical that an unpaid keeper, with whom the Torah was lenient, not be liable unless he move it. For which purpose was “grabbing” mentioned for the unpaid keeper since it was unnecessary? To be strict with the recipient of a fee; from the moment he puts his staff or his bag on it he is liable. Rebbi Yose said, if you say so, you infer about the premise to restrict it. For one could say to him, since the recipient of a fee, with whom the Torah was strict, does not become liable unless he move it, the unpaid keeper, with whom the Torah was lenient, should not be liable even if he move it. But it must be the following: “Grabbing” should not have been mentioned for the paid keeper as unnecessary, for I would have inferred from the unpaid keeper. Since the unpaid keeper, with whom the Torah was lenient, is not liable unless he move it, the recipient of a fee, with whom the Torah was strict, becomes liable when he moves it. For which purpose was “grabbing” mentioned for the recipient of a fee since it was unnecessary? To be strict; from the moment he puts his staff or his bag on it he is liable.

Rebbi Eleazar in the name of Rebbi Hoshaia: “Grabbing” is mentioned for the unpaid keeper and “grabbing” is mentioned for the paid keeper, but “grabbing” mentioned for the unpaid keeper is not comparable to “grabbing” mentioned for the paid keeper. “Grabbing” mentioned for the unpaid keeper does not make him liable unless he move it. “Grabbing” mentioned for the paid keeper, he is liable from the moment he puts his staff and his bag on it. Rebbi Yose ben Nehorai heard this and said, I am not accepting this, but in any case he is not liable unless he move it. Rebbi Immi in the name of Rebbi Eleazar: But did not Rebbi Hoshaia state it in this way? If “grabbing” had not been mentioned for the unpaid keeper as unnecessary, I would have inferred from the recipient of a fee. Since the recipient of a fee, with whom the Torah was strict, does not become liable unless he move it, it is only logical that an unpaid keeper, with whom the Torah was lenient, not be liable unless he move it. For which purpose was “grabbing” mentioned for the unpaid keeper since it was unnecessary? To be strict with the recipient of a fee; from the moment he puts his staff or his bag on it he is liable. Rebbi Yose said, if you say so, you infer about the premise to restrict it. For one could say to him, since the recipient of a fee, with whom the Torah was strict, does not become liable unless he move it, the unpaid keeper, with whom the Torah was lenient, should not be liable even if he move it. But it must be the following: “Grabbing” should not have been mentioned for the paid keeper as unnecessary, for I would have inferred from the unpaid keeper. Since the unpaid keeper, with whom the Torah was lenient, is not liable unless he move it, the recipient of a fee, with whom the Torah was strict, becomes liable when he moves it. For which purpose was “grabbing” mentioned for the recipient of a fee since it was unnecessary? To be strict; from the moment he puts his staff or his bag on it he is liable.

Rebbi Joḥanan said, if somebody claims against another a claim of thief he pays double restitution. If he slaughtered or sold, he pays quadruple or quintuple restitution. There, they say, he pays quadruple or quintuple restitution. Rebbi Pedat in the name of Rebbi Hoshaia: There we state and it supports Rebbi Joḥanan: “‘Where is my ox?’ He told him, ‘it was lost.’ ‘I want you to swear;’ he answered ‘Amen’. Witnesses testify that he ate it; he has to pay its value. If he confessed himself he pays the value, and a fifth, and a reparation sacrifice.” Is there eating without slaughtering? Rebbi Ḥaggai said, explain it if another slaughtered. And the following said so: He said to one in the market place, “where is my ox which you stole?” He says, “I did not steal.” “I want you to swear,” and he says “Amen.” He is (not) liable. Because he is one in the market place. But if he said it to one of the keepers, that one would be liable. The baraita when he ate it and then swore. What Rebbi Joḥanan said, if he swore and after that ate it.

HALAKHAH: “One does not put up animals in hostelries of Gentiles,” etc. Rebbi Ze‘ira, Rebbi Abbahu in the name of Rebbi Yose ben Rebbi Ḥanina; Rebbi Abba, Rebbi Jonah: explain it following Rebbi Eliezer, since Rebbi Eliezer said “it may not be bought from Gentiles.” Rebbi Jonah asked, why do we not explain it according to everybody, following what Rebbi Eleazar said in the name of Rav: Even one who says it is permitted to sell [says] it is forbidden to leave alone. If he transgressed and left it alone by everybody’s opinion. Rebbi Jeremiah said, let us hear from the following: “A woman who was jailed by Gentiles.” Rebbi Yose said, it is different for a woman because she usually cries. Think of it if she was mute! She uses sign language. What about it? Explain it following Rebbi Eliezer, since Rebbi Eliezer said “it may not be bought from Gentiles.” They wanted to say, where do Rebbi Eliezer and the rabbis disagree? About the cow, because of “eminence was given to the cow, an adornment was made for the cow.” But since the rabbis answer to Rebbi Eliezer all sheep of Qedar will be assembled for you, this says that Rebbi Eliezer disagrees about everything. Rebbi Hoshaia asked, does one reply with an argument about the future against one about the past? Rebbi Abin asked, does one reply with an argument when evil inclinations will have disappeared against one when evil inclinations exist?

Rebbi Hoshaia said, why do we not explain it according to everybody, as Rav Huna said in the name of Rav: They weighed for me my (sheqels) [wages], thirty pieces of silver. These are the thirty commandments which the descendants of Noah will take upon themselves in the future. But the rabbis say, there are the 30 just persons which the world never will be lacking, as Rebbi Naḥman said in the name of Rebbi Mana, the world cannot be with less than 30 just men like our father Abraham. What is the reason? Abraham will certainly be, the numerical value of יהיה is 30. Sometimes the majority are in Babylonia and the minority in the Land of Israel; sometimes the majority are in the Land of Israel and the minority in Babylonia. It is a good sign for the world if most of them are in the Land. Rebbi Ḥiyya bar Julianus in the name of Rebbi Hoshaia: In the future the descendants of Noah will take all commandments upon themselves. What is the reason? Then I shall transform Gentiles’ purified lips. But at the end they will renege on it. What is the reason? Let us break their chains, and throw from us their ropes! That is the commandment of phylacteries; that is the commandment of ṣiṣit.

Rebbi Hoshaia said, why do we not explain it according to everybody, as Rav Huna said in the name of Rav: They weighed for me my (sheqels) [wages], thirty pieces of silver. These are the thirty commandments which the descendants of Noah will take upon themselves in the future. But the rabbis say, there are the 30 just persons which the world never will be lacking, as Rebbi Naḥman said in the name of Rebbi Mana, the world cannot be with less than 30 just men like our father Abraham. What is the reason? Abraham will certainly be, the numerical value of יהיה is 30. Sometimes the majority are in Babylonia and the minority in the Land of Israel; sometimes the majority are in the Land of Israel and the minority in Babylonia. It is a good sign for the world if most of them are in the Land. Rebbi Ḥiyya bar Julianus in the name of Rebbi Hoshaia: In the future the descendants of Noah will take all commandments upon themselves. What is the reason? Then I shall transform Gentiles’ purified lips. But at the end they will renege on it. What is the reason? Let us break their chains, and throw from us their ropes! That is the commandment of phylacteries; that is the commandment of ṣiṣit.

HALAKHAH: “The following Gentile properties are forbidden,” etc. Rebbi Isaac bar Naḥman in the name of Rebbi Joshua ben Levi: Bitter, sweet, and hot are not under the rules of being uncovered. Rebbi Simon in the name of Rebbi Joshua ben Levi: The hot, the bitter, and the sweet are not under the rules of being uncovered or under those of libation wine. Rebbi Simon explains: The hot, spice wine. The bitter, vermouth wine. And the sweet, cooked wine. Rebbi Joshua ben Zeidal had cooked wine which was left unsupervised in the custudy of a Gentile. He asked Rebbi Yannai ben Rebbi Ismael who said to him, so says Rebbi Simeon ben Laqish: The sweet is not under the rules of being uncovered or under those of libation wine. Rebbi Yannai ben Rebbi Ismael fell ill. Rebbi Ze`ira, Rebbi (Joshua) [Hoshaia], Rebbi Abun bar Cahana, and Rebbi Ḥanianiah the colleague of the rabbis, went to visit him. They saw Rebbi Joshua ben Zeidal sitting there. They said, there is the master of the decision and the person of the happening, let us ask him. He said to them, so says Rebbi Simeon ben Laqish, the sweet is not under the rules of being uncovered or under those of libation wine. One said to him, maybe that of Rebbi Simeon ben Laqish is for argument’s sake? He told them, it is for action and you can rely on it. When (they got up) [returned], Rebbi Ila was standing with Rebbi Abun bar Cahana and told him, if you did not prefer decisions, is this not a baraita? As Rebbi Ḥiyya stated, “why is cooked wine of Gentiles forbidden? Because it started out as wine.” Rebbi Yose said, the Mishnah says so, “wine and vinegar which originally was wine.”

When Rebbi Aḥa expired, a star was seen at high noon. When Rebbi Ḥanan expired, the statues were bent. When Rebbi Joḥanan expired, the pictures were bent. They said, there was no picture beauty like his. When Rebbi Ḥanina from Hauran expired, Lake Tiberias was split. They said, when he was going to intercalate, the lake was split before him. When Rav Hoshaia expired, the shame of Tiberias fell down. When Rebbi Isaac ben Elyashiv expired, 70 thresholds of Galilean houses were uprooted. They said, these were kept in place by his merit.

HALAKHAH: “Proclos ben Ploslos asked,” etc. Where do we hold? If he asked him about practice in the bath he should have answered; if he did not ask him about practice in the bath he should not have answered. As Rebbi Jacob bar Idi said in the name of Rebbi Joshua ben Levi: One asks about practice in the bath while in the bathhouse, about practice in the toilet while in the toilet. As when Rebbi Simeon ben Eleazar went to bathe with Rebbi Meïr, he asked him, may one rinse? He told him, it is forbidden. May one dry himself with a towel? He told him, it is forbidden. But did not Samuel ask Rav, may one say “Amen” at a dirty place? He told him, it is forbidden, and it is forbidden that I told you that it is forbidden. It was found stated, one asks about practice in the bath while in the bathhouse, about practice in the toilet while in the toilet. Rebbi Yudan, the father of Rebbi Mattaniah, said, he asked him about practice in the bath but it is not done to answer in the bath. Rebbi Samuel bar Eudaimon said, he asked him about practice in the bath but the steam in the bath is bad for the teeth. The colleagues, Rebbi Ḥama bar Yose in the name of Rebbi Hoshaia, Rebbi Zeˋira in the name if Rebbi Joshua ben Levi: He answered him in an evasive answer, for he could have replied about Baal Peˋor whose worship only consists in exposure and defecation. What about it? What is treated as a divinity is forbidden, what is not treated as divinity is not forbidden.

HALAKHAH: “If Gentiles worship mountains,” etc. Rebbi Zeˋira, Rebbi Yasa, Rebbi Yose bar Ḥanina in the name of Rebbi Hoshaia: One verse says, do not covet silver or gold on them and take for yourself. And one verse says, silver and gold which is with them. If on them why with them, and if with them why on them? Since on them refers to something which is particular for them and an adornment for them, also with them refers to something which is particular for them and an adornment for them.

Rebbi Joḥanan in the name of Rebbi Yannai: Anything which one introduced inside the lattice work he made forbidden; e. g., money pouches. Rebbi Yasa said, we had a note that (return) [this] of Rebbi Hoshaia disagreed with Rebbi Yannai, but it is not so; it supports it. Since on them refers to something which is particular for them and an adornment for them, also with them refers to something which is particular for them and an adornment for them; this excludes money pouches. Rebbi Abba in the name of Rav Jehudah: Even water and salt. Salt to rub and water to rinse. And this is “even”? But e. g., water and salt.

Rebbi Joḥanan said, a stele is a monolith, an altar has many stones. Ḥizqiah said, a stele is annulled once it is damaged; of an altar one has to damage each single stone. A baraita of Ḥizqiah disagrees with him: If you tore down the altar, leave it alone; if you broke the stele, leave it alone . Rebbi Ze`ira, Rebbi Isaac bar Naḥman in the name of Rebbi Hoshaia; Rebbi Ḥiyya (Rebbi) Abba, Rebbi Eleazar in the name of Rav Hoshaia: When He turns all stones of the altar like smashed pieces of chalk, persecute them until you eliminated its egg from the world. But here, if you broke a stele, leave it alone; if you tore down an altar, leave it alone.

Rebbi Joḥanan said, a stele is a monolith, an altar has many stones. Ḥizqiah said, a stele is annulled once it is damaged; of an altar one has to damage each single stone. A baraita of Ḥizqiah disagrees with him: If you tore down the altar, leave it alone; if you broke the stele, leave it alone . Rebbi Ze`ira, Rebbi Isaac bar Naḥman in the name of Rebbi Hoshaia; Rebbi Ḥiyya (Rebbi) Abba, Rebbi Eleazar in the name of Rav Hoshaia: When He turns all stones of the altar like smashed pieces of chalk, persecute them until you eliminated its egg from the world. But here, if you broke a stele, leave it alone; if you tore down an altar, leave it alone.

May a Gentile make libation wine with his mouth? Rebbi Ada in the name of Rebbi Eleazar: A Gentile cannot make libation wine with his mouth. Rebbi Jeremiah in the name of Rebbi Abbahu: A Gentile can make libation wine with his mouth. And we have stated thus: “If a market supervisor tasted from a cup or from a suction pipe and returned to the amphora it is forbidden.” In the opinion of Rebbi Ada in the name of Rebbi Eleazar, only if the Gentile returned it. In the opinion of Rebbi Jeremiah in the name of Rebbi Hoshaia, even if a Jew returned.

Everybody agrees that substitutes are forbidden. What about substitutes of substitutes? Rebbi Ḥanina said, a disagreement between Rebbi Ismael and the rabbis. Rebbi Ismael ben Rebbi Yose said, forbidden. But the rabbis say, permitted. Rebbi Eleazar ben Hoshaia, the reason of the rabbis, you would be banned like itself. Anything which you can keep from it is like itself. What about it? Rebbi Yose ben Rebbi Bun said, like itself, like itself two times, because of nothing should cling to your hand from the ban.

Ḥizqiah said, if somebody mixed a cup from forbidden and from permitted [wine], if the forbidden fell in [last] it makes it forbidden, permitted [last] makes it permitted. Rebbi Samuel [bar Rav Isaac] said, this follows Rebbi Eliezer, as Rebbi Eliezer said, I am going after the last one. Rebbi Jeremiah said, this is a stringency about libation wine. Rebbi Yose asked, if it were a stringency about libation wine, even if the permitted fell in last it should be forbidden! Rebbi Assi in the name of Rebbi Joḥanan: if somebody mixed a cup from forbidden and from permitted [wine], one considers the permitted as nonexistent; if the forbidden does impart taste it is forbidden, otherwise permitted. Rebbi Hoshaia said, only if the permitted fell in last. Rebbi Immi in the name of Rebbi Joḥanan, it does not make any difference whether the forbidden fell in first and the permitted last or the permitted first and the forbidden last, even water and wine, even if it was mixed perfectly from permitted, one considers the permitted as nonexistent; if the forbidden does impart taste it is forbidden, otherwise permitted. Rebbi Ze`ira said, this has been said about the preceding; how can it be? Rebbi Yose ben Rebbi Abun, Rebbi Abbahu in the name of Rebbi Joḥanan, if a flask of libation wine fell into an amphora of (water) and then it fell into a water cistern, one considers the permitted as nonexistent; if the forbidden does impart taste it is forbidden, otherwise permitted.

HALAKHAH: “If somebody buys crockery from a Gentile,” etc. “ If somebody buys crockery from a Gentile, something of which he knows that it is used for human food, he washes them clean and they are pure. But pots and boiling kettles one cleanses in boiling water. All of these, if he used them even if he did not immerse them, or cleansed them in boiling water, or rubbed them clean, or made them glowing white in fire, they are pure.” Rebbi Hoshaia said, one has to immerse them, as by the following. Rebbi Immi and Rebbi Jehudah the Prince went down to the hot springs of Gadara and borrowed silverware from the family Osinos. They asked Rebbi Jeremiah who said, one must immerse them because they left the impurity of Gentiles and entered the holiness of Israel. He went out and we want to learn. They left and heard Rebbi Jacob bar Aḥa, Simeon bar Abba in the name of Rebbi Joḥanan: they said only “who buys”, but the borrower is permitted. Then even vessels. Rebbi Hoshaia bought vessels and immersed them.

HALAKHAH: “If somebody buys crockery from a Gentile,” etc. “ If somebody buys crockery from a Gentile, something of which he knows that it is used for human food, he washes them clean and they are pure. But pots and boiling kettles one cleanses in boiling water. All of these, if he used them even if he did not immerse them, or cleansed them in boiling water, or rubbed them clean, or made them glowing white in fire, they are pure.” Rebbi Hoshaia said, one has to immerse them, as by the following. Rebbi Immi and Rebbi Jehudah the Prince went down to the hot springs of Gadara and borrowed silverware from the family Osinos. They asked Rebbi Jeremiah who said, one must immerse them because they left the impurity of Gentiles and entered the holiness of Israel. He went out and we want to learn. They left and heard Rebbi Jacob bar Aḥa, Simeon bar Abba in the name of Rebbi Joḥanan: they said only “who buys”, but the borrower is permitted. Then even vessels. Rebbi Hoshaia bought vessels and immersed them.

HALAKHAH: “Rebbi Yose ben Rebbi Jehudah says,” etc. Rebbi Hoshaia stated: The following verse is said about two groups of witnesses. If an oppressive witness arises against a man, a plotting witness who answers to a man. Answering him, not his testimony. Do plotting witnesses have to be warned? Rebbi Isaac bar Tevlai in the name of Rebbi Eleazar: Plotting witnesses do not have to accept warning. Rebbi Abbahu said, we do not take notice of this. Rebbi Jacob bar Dassai said, and there are very cunning people who even if they see their comrades being led out to be killed do not say anything.

“What is the positive commandment about the menstruating woman?” Rebbi Abin said, Keep the Children of Israel away from their impurities. Rebbi Jonathan sent to ask Rebbi Simeon ben Rebbi Yose bar Lakonia, from where a warning for one having sex with an impure woman? He wanted to throw a stone after him; he told him, you are asking me something that children recite every day in the synagogue: To a woman in the separation ofher impurity you shall not come near to uncover her nakedness. He answered him, that is not my problem. My only problem is rather “if he was having sex with an impure woman, he is liable. If he was having sex with a pure one and she said to him, I became impure,” if he separates immediately, is he liable? He told him, I and you have the same problem. Let us go out and learn. They went out and heard the voice of a Tanna who stated following Ḥiskiah: If lying a man will lie with her. Not only that if he was having sex with an impure woman, he is liable. If he was having sex with a pure one and she said to him, I became impure, if he separates immediately, is he liable? The verse says, her secretion shall be, even if her secretion starts with him. What should he do? Rav Hoshaia, Rav Jehudah in the name of Samuel, he shall cool down. If he did not cool down? Rebbi Yose said, for him I am reading do not come near as “do not separate”. Closeness is separation. Rav Ḥuna in the name of Rav Abba: Those who say, be close to yourself, do not touch me for I sanctified you. Rebbi Zeˋira said, he should imagine that a sword is cutting into his flesh. Is everybody Rebbi Zeˋira? Rebbi Tanḥuma in the name of Rav Ḥuna: He shall press his fingertips on the wall, then he will cool down.

HALAKHAH: “They are not liable for hearing the sound of an imprecation,” etc. Rebbi Joḥanan said, the reason of Rebbi Yose the Galilean is, if he is poor and cannot afford it. Somebody who is apt to fall into poverty; this excludes the Anointed who is not apt to fall into poverty. [ They objected: There is the prince who is not apt to fall into poverty.] Rebbi Simeon ben Laqish said, it shall be if he becomes guilty of any of these. He who can be liable for all of them is liable for part of them; but one who cannot be liable for all of them is not liable for part of them. Rebbi Isaac asked: Then he should not become impure by skin disease since he is not apt (easily and then) [to fall] into poverty or the deepest of poverty. Rav Hoshaia asked: Then a woman should not be liable for entering the Temple. Does the woman not bring? Rebbi Yose in the name of Rebbi Joḥanan: The reason of Rebbi Aqiba, this is the offering of Aaron and his sons. This one he brings; he does not bring another tenth of an ephah. Rebbi Zeˋira asked before Rebbi Yasa may he not bring a voluntary offering? He told him, yes. He does not bring an obligatory one; he may bring a voluntary one.

Rebbi Joḥanan said, Rebbi Eliezer said this only because of his extirpation. Rebbi Hoshaia asked: If so, then even for a fixed [sacrifice]? Rebbi Jonah said, Rebbi Hoshaia is of the opinion that he is uprooted from the entire paragraph; but Rebbi Eliezer treats him like a rich commoner. Rebbi Mana said, if Rebbi Eliezer treats him like a rich commoner, then also for hearing a sound, or expression of the lips, as it was stated: Rebbi (Eleazar) [Eliezer] and the Sages did not differ about hearing a sound, or expression of the lips, that he does not bring a male goat but a she-goat. About what did they differ? About impurity of the Sanctuary and its sancta, where Rebbi Eliezer says since he is subject to extirpation why should he not bring a male goat instead of a she-goat? They objected: Is there not the Anointed in the case of idolatry where he does not bring a male goat but a she-goat.

Rebbi Joḥanan said, Rebbi Eliezer said this only because of his extirpation. Rebbi Hoshaia asked: If so, then even for a fixed [sacrifice]? Rebbi Jonah said, Rebbi Hoshaia is of the opinion that he is uprooted from the entire paragraph; but Rebbi Eliezer treats him like a rich commoner. Rebbi Mana said, if Rebbi Eliezer treats him like a rich commoner, then also for hearing a sound, or expression of the lips, as it was stated: Rebbi (Eleazar) [Eliezer] and the Sages did not differ about hearing a sound, or expression of the lips, that he does not bring a male goat but a she-goat. About what did they differ? About impurity of the Sanctuary and its sancta, where Rebbi Eliezer says since he is subject to extirpation why should he not bring a male goat instead of a she-goat? They objected: Is there not the Anointed in the case of idolatry where he does not bring a male goat but a she-goat.

HALAKHAH: “Anything which is more frequent than another,” etc. [“If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull”,] for one is atoning, the other is being atoned for. It is preferable that the atoner precede the atoned for, as it is written, he shall atone for himself, and for his house, and for all the congregation of Israel. Between a voluntary gift of the Anointed and a voluntary gift of the prince, the voluntary gift of the Anointed has precedence. Between a voluntary gift of the community and a voluntary gift of the prince, the voluntary gift of the prince has precedence. Between a voluntary gift of the Anointed and a voluntary gift of the community, which one has precedence? Let us hear from the following: A voluntary gift of the Anointed and rams of idolatry were standing. The rams of idolatry have precedence since their blood enters inside. He only said “since their blood enters inside;” this implies that between a voluntary gift of the Anointed and a voluntary gift of the community, the voluntary gift of the Anointed has precedence. If there were standing the bull of idolatry, the ram which accompanies it, and another purification sacrifice. The bull precedes the ram, the ram precedes the other purification sacrifice, and the other purification sacrifice precedes the bull. How is this done? Rebbi Yose said, since the ram is dependent in time on the bull, it is as if the bull preceded it, and the other purification sacrifice precedes the bull. The bull of idolatry precedes the ram because it precedes in Scripture. Rebbi Samuel the brother of Rebbi Berekhiah asked: But then that of the New Moon should precede the ram which comes with it because it precedes [in Scripture.] Rebbi Abba Mari said, you cannot do this; its purification sacrifice is defective: After the permanent elevation offering it shall be made, with its libation; it made it lean on the permanent elevation offering. Between the sacrifice of a man and the sacrifice of a woman, the man’s sacrifice has precedence. That is, if both were equal. But if one was a bull and the other a lamb, it is what Rebbi Phineas said in the name of Rebbi Hoshaia: A slave brings a bull and his master brings a bull, the slave’s precedes the master’s, as we have stated there: “If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull in all its ceremonies.”

Rebbi Abba bar Cahana went to a certain place where he found Rebbi Levi installed and preaching: A man to whom God gives riches, and properties, and honor,and nothing is missing of anything he might desire, but God does not let him take possession to eat from it, for a stranger will eat from it.Riches, that is Scripture. Properties, these are practices. And honor, these are the additions. And nothing is missing of anything he might desire, these are the great Mishnah collections, such as the Mishnah of Rebbi Ḥuna, the Mishnah of Rebbi Hoshaia, or the Mishnah of Bar Qappara. But God does not let him take possession to eat from it, that is the master of Aggadah who neither prohibits nor permits, neither declares impure nor pure. For a stranger will eat from it, that is the master of Talmud. Rebbi Abba bar Cahana got up and kissed him on his head, saying, just as you were worthy to preach this standing, may you be worthy preaching this sitting.

Those of Bar Pazi and (Bar) [Rebbi] Hoshaia went and greeted the Patriarch every day. Those of Rebbi Hoshaia went in first [and left first]. Those of Bar Pazi went and became related by marriage to the patriarchate. They came and wanted to enter first. They went and asked Rebbi Immi. You shall erect the tabernacle according to its ruling. Does there exist a ruling for wood? But the log which merited to be put in the North should be put in the North, in the South should be put in the South.

Those of Bar Pazi and (Bar) [Rebbi] Hoshaia went and greeted the Patriarch every day. Those of Rebbi Hoshaia went in first [and left first]. Those of Bar Pazi went and became related by marriage to the patriarchate. They came and wanted to enter first. They went and asked Rebbi Immi. You shall erect the tabernacle according to its ruling. Does there exist a ruling for wood? But the log which merited to be put in the North should be put in the North, in the South should be put in the South.

Rebbi Hoshaia stated: If [a woman] gave birth and then converted, she has no period of purity. Rebbi Yose said, this is correct. If Rebbi Hoshaia had not stated this, would it have been a problem for us? Since she has no period of impurity, she cannot have a period of purity. It was stated: The proselyte, the captive, and the slave woman who were redeemed, or converted, or freed, have to wait three months, the words of Rebbi Judah. Rebbi Yose says, they do not have to wait. Their blood, Rebbi Jehudah says, is timed exactly; Rebbi Yose says, it makes impure 24 hours retroactively. Rebbi said, the words of Rebbi Yose are reasonable for the blood, and the words of Rebbi Judah for the child. But Rebbi Ḥiyya in the name of Rebbi Yoḥanan, practice follows Rebbi Yose. Rebbi Abba bar Cohen asked before Rebbi Yose: For if it were not so, what could we say? Between Rebbi Jehudah and Rebbi Yose, practice does not follow Rebbi Yose? But because Rebbi said, “they are reasonable”. Did not Rebbi Abba say in the name of Rebbi Ze‘ira, every time Rebbi taught “they are reasonable”, the disagreement is unresolved except in the case of the fig cake where each party to the controversy accepts the opposition’s argument. Rebbi Yose said, I stated a difficulty before Rebbi Ḥanina ben Rebbi Abbahu: Even if it is certain that they had sex? He said to him, is a normal Gentile not like one who had sex?

Rebbi Hoshaia stated: If [a woman] gave birth and then converted, she has no period of purity. Rebbi Yose said, this is correct. If Rebbi Hoshaia had not stated this, would it have been a problem for us? Since she has no period of impurity, she cannot have a period of purity. It was stated: The proselyte, the captive, and the slave woman who were redeemed, or converted, or freed, have to wait three months, the words of Rebbi Judah. Rebbi Yose says, they do not have to wait. Their blood, Rebbi Jehudah says, is timed exactly; Rebbi Yose says, it makes impure 24 hours retroactively. Rebbi said, the words of Rebbi Yose are reasonable for the blood, and the words of Rebbi Judah for the child. But Rebbi Ḥiyya in the name of Rebbi Yoḥanan, practice follows Rebbi Yose. Rebbi Abba bar Cohen asked before Rebbi Yose: For if it were not so, what could we say? Between Rebbi Jehudah and Rebbi Yose, practice does not follow Rebbi Yose? But because Rebbi said, “they are reasonable”. Did not Rebbi Abba say in the name of Rebbi Ze‘ira, every time Rebbi taught “they are reasonable”, the disagreement is unresolved except in the case of the fig cake where each party to the controversy accepts the opposition’s argument. Rebbi Yose said, I stated a difficulty before Rebbi Ḥanina ben Rebbi Abbahu: Even if it is certain that they had sex? He said to him, is a normal Gentile not like one who had sex?

Rebbi Eleazar in the name of Rebbi Hoshaia: In every situation in which the Sages said that her husband would be obligated for a sacrifice, pure food became impure; her husband would be exempt from a sacrifice, pure food remains pure; her husband would have to bring a sacrifice for a doubt, pure food is in limbo. Rebbi Samuel bar Rav Isaac asked: If an old man and a child walk in a dining room, does the old man not enter first? But the child can come and make a fool of him. Rebbi Abun in the name of Rebbi Yudan: I say, it was here but the intercourse stopped it from leaving; but there, what hindered it to leave? The Mishnah disagrees with Rebbi Hoshaiah: “If she left [the bed] and saw blood, she is impure but all the food is pure.” The Mishnah disagrees with Bar Pedaiah: “Rebbi Jehudah says, also when they stop eating heave.” Why? Not that if she would bleed, the food should not retroactively become impure? Rebbi Ezra said before Rebbi Mana: Explain it for a woman who has no regular period. He said to him, so says my teacher Rebbi Yose: All that is described here is about a woman who has a regular period. Rebbi Yose ben Rebbi Abun said, the Mishnah rises: Up to this point [it speaks] about a woman who has a regular period; from there on about a woman who has no regular period. But even if you say that the Mishnah does not rise, and we deal only with a woman who has a regular period, where does Bar Pedaiah hold? One differs with Rebbi Jehudah.

And Rebbi Yasa said in the name of Rebbi Joḥanan: Not all the criteria together but only one criterion. The following are the criteria: The forehead, the eyebrows, the eye, the ear, the mandible, the nose, the beard, and the dimple. And Rebbi Yasa said in the name of Rebbi Joḥanan: Not all the criteria together but only one criterion. Rebbi Abba, Rav Jeremiah in the name of Rav: The words of Rebbi: Only if the entire face has human traits; but the words of the rabbis: Even one of the criteria; and the words of Rebbi Simeon ben Ioḥai: Even its fingernails. Rebbi Phineas asked: Are not the statements of Rebbi Simeon bar Ioḥai inverted? There, he says, “only if its head and most of its body are like its mother,” and here, he says so? Here about humans, there about animals. Rebbi Abba said, the Elder Rebbi Ḥiyya went South. Rebbi Ḥama the father of Rebbi Hoshaia and bar Qappara asked him: What is the rule if its entire body is human and only its face is animal? He returned and asked Rebbi, who told him, go and write to them, it is no birth. Rebbi Jeremiah said, Zeugos went out, Rebbi Ḥama the father of Rebbi Hoshaia and bar Qappara asked him: What is the rule if its eyes are shapeless? He returned and asked Rebbi, who told him, go and write to them, there is no child. Rebbi Yose ben Rebbi Abun said, Rebbi follows his own opinion since Rebbi says, only if the entire face has human traits. What if its face was crushed? Rebbi Yasa said, Rebbi Joḥanan and Rebbi Simeon ben Laqish differ. Rebbi Joḥanan says, it is no child; Rebbi Simeon ben Laqish says, it is a child. Rebbi Ze‘ira said, not that Rebbi Joḥanan said it is no child in every respect but it is no child to provide the mother with days of purity; it is a child to require the mother to observe the days of birth. Rebbi Joḥanan in the name of Rebbi Yannai: If its hip is unformed, it is not a child. Rebbi Joḥanan in the name of Rebbi Yose ben Rebbi Joshua: If the navel is unformed, it is no child. Rebbi Joḥanan in the name of Rebbi Zakkai: If its holes are unformed, it is no child. Rebbi Ze‘ira in the name of Gidul: If its skull is unformed there is no child.

And Rebbi Yasa said in the name of Rebbi Joḥanan: Not all the criteria together but only one criterion. The following are the criteria: The forehead, the eyebrows, the eye, the ear, the mandible, the nose, the beard, and the dimple. And Rebbi Yasa said in the name of Rebbi Joḥanan: Not all the criteria together but only one criterion. Rebbi Abba, Rav Jeremiah in the name of Rav: The words of Rebbi: Only if the entire face has human traits; but the words of the rabbis: Even one of the criteria; and the words of Rebbi Simeon ben Ioḥai: Even its fingernails. Rebbi Phineas asked: Are not the statements of Rebbi Simeon bar Ioḥai inverted? There, he says, “only if its head and most of its body are like its mother,” and here, he says so? Here about humans, there about animals. Rebbi Abba said, the Elder Rebbi Ḥiyya went South. Rebbi Ḥama the father of Rebbi Hoshaia and bar Qappara asked him: What is the rule if its entire body is human and only its face is animal? He returned and asked Rebbi, who told him, go and write to them, it is no birth. Rebbi Jeremiah said, Zeugos went out, Rebbi Ḥama the father of Rebbi Hoshaia and bar Qappara asked him: What is the rule if its eyes are shapeless? He returned and asked Rebbi, who told him, go and write to them, there is no child. Rebbi Yose ben Rebbi Abun said, Rebbi follows his own opinion since Rebbi says, only if the entire face has human traits. What if its face was crushed? Rebbi Yasa said, Rebbi Joḥanan and Rebbi Simeon ben Laqish differ. Rebbi Joḥanan says, it is no child; Rebbi Simeon ben Laqish says, it is a child. Rebbi Ze‘ira said, not that Rebbi Joḥanan said it is no child in every respect but it is no child to provide the mother with days of purity; it is a child to require the mother to observe the days of birth. Rebbi Joḥanan in the name of Rebbi Yannai: If its hip is unformed, it is not a child. Rebbi Joḥanan in the name of Rebbi Yose ben Rebbi Joshua: If the navel is unformed, it is no child. Rebbi Joḥanan in the name of Rebbi Zakkai: If its holes are unformed, it is no child. Rebbi Ze‘ira in the name of Gidul: If its skull is unformed there is no child.