immi
396 occurrences across the corpus
The Jerusalem Talmud
Isaac, the son of the isatis grower, said that Rebbi Simeon ben Laqish asked, should we state sixteen women? Ḥalîṣah frees her co-wife! Rebbi Jacob the Southerner said before Rebbi Yose, why was this not stated? Because of Rebbi Aqiba, since Rebbi Aqiba said there is a bastard from a woman who got ḥalîṣah. One should have stated it for the rabbis! We came to state only things everybody agreed to. It turns out that Isaac, the son of the isatis grower, holds with Rebbi Immi. Rebbi Yasa said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed. Rebbi Joḥanan said, he is not guilty for the woman who got ḥalîṣah, but the brothers are guilty for the woman who got ḥalîṣah. Both he and the brothers are guilty for the co-wife. Rebbi Simeon ben Laqish said, neither he nor the brothers are guilty for the woman who got ḥalîṣah or for the co-wife. Rebbi Immi switches the attributions. Rebbi Ze‘ira said before Rebbi Yasa, does not Rebbi Immi switch the attributions? But Rebbi Joḥanan had several opinions. Did Rebbi Simeon ben Laqish have several opinions? The statement of Isaac, the son of the isatis grower, supports Rebbi Immi and the statements of the rabbis support Rebbi Yasa, as both Rebbi Jeremiah, Rebbi Abba, said in the name of Rebbi Ḥiyya bar Abba: Everybody agrees about the co-wife that one is guilty. Where do they disagree? About the woman who got ḥalîṣah. Rebbi Joḥanan said, he is not guilty for the woman who got ḥalîṣah, but the brothers are guilty for the woman who got ḥalîṣah.
Rebbi Meїr is suspicious about bills of divorce. Rebbi Jehudah is suspicious about a child. Rebbi Yose is suspicious about bills of divorce and a child. Could you say that Rebbi Meїr is not suspicious about bills of divorce, as we have stated: “Those that had received qiddushin can be married.” Rebbi Ze‘ira in the name of Rebbi Gedula: The one who repudiates does not have to wait three months; the one who leaves by a bill of divorce needs to wait three months. This supports Rebbi Me‘ir since Rebbi Meїr is suspicious about bills of divorce. Rebbi Abba in the name of Rebbi Abba bar Jeremiah: A woman who has been raped does not have to wait three months. This supports Rebbi Yose, since Rebbi Yose is suspicious about bills of divorce and a child. 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, makes impure 24 hours retroactively; Rebbi Yose says, from its moment onwards. Rebbi said, the words of Rebbi Judah are reasonable for the blood, and the words of Rebbi Yose for the child. Rebbi Ḥanina ben Rebbi Abbahu said, my father had a case and he asked Rebbi Ḥiyya, Rebbi Yasa, and Rebbi Immi, and they instructed him following Rebbi Yose for the child. 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? Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, one disregards the anonymous [Mishnah] and follows an isolated opinion! He found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He understood that following Rebbi Simeon, he found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He said, the old man certainly understands the chapters about bills of divorce.
Rebbi Immi in the name of Rebbi Simeon ben Laqish. The reason of that Tanna: “At the end of ten years since Abram lived in the Land of Canaan.” Deduct the years outside the Land. We also have stated: [The time during which] she was sick or he was sick, or he went overseas, does not count. If she was married to the first [husband] and did not give birth, she receives ketubah; from the second she receives ketubah, from the third she receives ketubah, from the fourth and fifth she has no ketubah. Rebbi Ḥanina bar ‘Agil in the name of Rebbi Ḥizqiah: From the third himself she has no ketubah. If she was married to a fourth or fifth and did not give birth, may the earlier ones have regress on her? She can say, only now did this woman become sterile. If she was married to the fifth and gave birth, has she regress on the fourth? He says to her, your silence is better than your talk.
It was stated: If she brought them when they were small, she takes them when they are lads. If she brought him two vessels. If one of them was worth the value of her marriage contract, she takes it for her marriage contract. If one and a half was the value of her marriage contract, [disagreement of] Rav Huna and Rav Naḥman bar Jacob. One of them said, he pays for the second vessel and takes it; the other one says, she pays for the second vessel and takes it. Rebbi Abba bar Cahana said before Rebbi Immi, Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: Even if one was worth one and a half times the value of her marriage contract, she pays for the second vessel and takes it, because it is unthinkable that others should use her vessels. Rebbi Jacob bar Aḥa in the name of Rebbi Ze‘ira: A baraita says so: If she brought them for their monetary value, she takes them for their monetary value.
Rebbi Ismael ben Rebbi Yose stated in the name of his father: If there was a daughter, she enables to eat. Rebbi Immi in the name of Rebbi Joḥanan: Because she is able to take her upkeep away from them. Is a wife not also able to take her upkeep away from them? She might request her ketubah be paid or lose her ketubah. This is difficult! The ketubah is a biblical institution, the upkeep of the daughters is rabbinical; do their institutions uproot a word of the Torah? It follows him who said that they accepted tithes voluntarily.
HALAKHAH: “Who is injured in his lower parts,” etc. “Injured,” I would have said in his eye. The verse says “discharge pipe”, he is injured in the neighborhood of the discharge pipe. If he is injured in the neighborhood of the discharge pipe it might be his eye in the neighborhood of his nose! The verse says, “the lowly”. What comes between his heels. Rebbi Ḥaggai said before Rebbi Mana, a man’s lowest part when he sits down are his testicles. Rebbi Yose ben Rebbi Abun said, that is correct. You should know that this is so since in all other cases “generations” are written except in this case since he is infertile. And not only if [a testicle] is injured but also if it is gangrenous, or dried up, or missing. It was stated: Rebbi Ismael ben Rebbi Joḥanan ben Beroqa says: I heard in the vineyard at Jabne that nobody [born] with only one testicle can be fertile and he is a “sun eunuch”. Rebbi Yose said, I heard that practice follows Rebbi Joḥanan ben Beroqa but I do not remember from whom I heard it. Rebbi Immi said, certainly Rebbi Yose did not hear it from a minor personality. Samuel said, if a person with only one testicle will come before me, I shall declare him qualified. Rebbi Ḥuna said, because he thinks like Rebbi Ismael ben Rebbi Joḥanan. Rebbi Yudan ben Ḥanin said, but only the one of the right hand side. There came a case before Rebbi Immi. He said, yes, my daughter, you are permitted to him. But you should know that he is infertile. Rebbi Ze‘ira praised him for making the case clear.
HALAKHAH: “Who is injured in his lower parts,” etc. “Injured,” I would have said in his eye. The verse says “discharge pipe”, he is injured in the neighborhood of the discharge pipe. If he is injured in the neighborhood of the discharge pipe it might be his eye in the neighborhood of his nose! The verse says, “the lowly”. What comes between his heels. Rebbi Ḥaggai said before Rebbi Mana, a man’s lowest part when he sits down are his testicles. Rebbi Yose ben Rebbi Abun said, that is correct. You should know that this is so since in all other cases “generations” are written except in this case since he is infertile. And not only if [a testicle] is injured but also if it is gangrenous, or dried up, or missing. It was stated: Rebbi Ismael ben Rebbi Joḥanan ben Beroqa says: I heard in the vineyard at Jabne that nobody [born] with only one testicle can be fertile and he is a “sun eunuch”. Rebbi Yose said, I heard that practice follows Rebbi Joḥanan ben Beroqa but I do not remember from whom I heard it. Rebbi Immi said, certainly Rebbi Yose did not hear it from a minor personality. Samuel said, if a person with only one testicle will come before me, I shall declare him qualified. Rebbi Ḥuna said, because he thinks like Rebbi Ismael ben Rebbi Joḥanan. Rebbi Yudan ben Ḥanin said, but only the one of the right hand side. There came a case before Rebbi Immi. He said, yes, my daughter, you are permitted to him. But you should know that he is infertile. Rebbi Ze‘ira praised him for making the case clear.
In the opinion of Rebbi Jehudah, may a male bastard not marry a female bastard? Let us hear from the following, as Rebbi Immi said, Rebbi Jacob from Gebal stated before Rebbi Joḥanan, Rebbi Isaac bar Tevele in the name of Rebbi Simeon ben Laqish: Rebbi Jehudah stated that a male bastard should not marry a female bastard so that bastards should disappear from the world. Similarly, is an Ammonite man forbidden to marry an Ammonite woman? Was that needed for the rabbis? For if Rebbi Jehudah would think that disqualified converts form one of the Eternal’s congregations, then [the Ammonite] could not marry an Ammonite woman since for her he would be of the Eternal’s congregation. He could not marry an Egyptian woman since for her he would be of the Eternal’s congregation. Rebbi Mattania said, one frees a slave girl for him. Similarly, could an Egyptian man not marry an Egyptian woman? Let us hear from the following, as Rebbi Abbahu stated before Rebbi Joḥanan: “Rebbi Jehudah said, Benjamin, an Egyptian convert, was a student of Rebbi Aqiba. He said, I am an Egyptian convert married to an Egyptian convert. My son is an Egyptian convert; I shall marry him to an Egyptian convert so that my grandson will be qualified to marry into the congregation. Rebbi Aqiba said to him, my son, it is not so. But you marry him to the daughter of an Egyptian woman convert so that there should be three generations on every side.”
From where that no betrothal is valid for a married woman? Rebbi Immi in the name of Rebbi Yannai: “She left his house, went, and became another man’s.” When she leaves his house she may be with another. And from where that no betrothal is valid for incestual relations? Rebbi Tanḥuma in the name of Rav Huna: “She left his house, went, and became another man’s.” Why does the verse say “another”? To exclude the list of incest relations.
Immi the father of Samuel bar Immi in the name of Rav Jehudah: Practice follows Rebbi Simeon. There came a case before Rebbi Mana and he removed her from him. Does he hold with Rebbi Jehudah? No, she regularly came to him.
Immi the father of Samuel bar Immi in the name of Rav Jehudah: Practice follows Rebbi Simeon. There came a case before Rebbi Mana and he removed her from him. Does he hold with Rebbi Jehudah? No, she regularly came to him.
“ A sandal whose holes, edges, or loops are torn or one of whose soles fell off is pure. If one of its holes, edges, or loops is torn or most of it soles fell of it is impure. Rebbi Jehudah says, on the inside it is impure, on the outside it is pure.” Rebbi Jacob bar Aḥa, Rebbi Tevele, Ḥanin bar Abba in the name of Rav: Practice follows Rebbi Jehuda as far as the Sabbath is concerned. A case came before Rebbi Samuel bar Rav Isaac. He sent Rebbi Jacob bar Aḥa to ask Rebbi Ḥiyya bar Abba. He said to him, just as they disagree about impurity so they disagree about the Sabbath, and instructed him following the rabbis. Rebbi Samuel bar Rav Isaac asked himself: One heard saying, practice follows Rebbi Jehuda, and he instructed him following the rabbis? A case came before Rebbi Aḥa bar Isaac. He sent to ask Rebbi Ze‘ira and Rebbi Ze‘ira asked Rebbi Immi. The latter said to him: Following the words of him who declares impure, it is permitted to go out on it on the Sabbath. Following the words of him who declares pure, it is forbidden to go out on it on the Sabbath. He did not get anything out of him.
HALAKHAH: “If she stripped off and spat,” etc. Samuel said, if she stripped but did not spit, she shall spit. This follows Rebbi Eliezer. Rebbi Hila in the name of Rebbi Eleazar: If she stripped but did not recite nor spit, her ḥalîṣah is invalid. Still that is Rebbi Eliezer’s. The words of the Sages? Rebbi Abba in the name of Rav Jehudah, Zeriqan turned to it in the name of Rav: If she stripped but did not spit, or spat but did not strip, she did not do anything until she strips and spits. Rebbi Abba asked before Rebbi Immi: If she spat before she stripped? He said, it is as if in the correct order. If he made a betrothal with a cluster of end-of-harvest [figs]? He said to him, with the figs hanging there he made the betrothal. May one open an Egyptian window into a common backyard higher than four cubits? He said to him, so we are saying: He comes simply for the air. Rebbi Nasa said, that is what he said: If somebody wants to build his house in the form of a dovecot, does one not listen to him?
“If one witness says,” etc. “If one witness says that he died and she remarried, then another comes and says that he is not dead, she shall not leave.” Because he said that after she had remarried. Therefore if [the second witness came] before she remarried, if she remarried she has to leave. Rebbi Joḥanan said, these are the words of Rebbi Menaḥem ben Rebbi Yose. But the words of the Sages [are], whether he testified after she remarried or before she remarried, she should not remarry, but if she remarried she shall not leave. Rav Naḥman bar Jacob said in the name of Rav, if she was married by the testimony of two witnesses, even if he returns, one says to him, “you are not he.” Rebbi Samuel ben Rav Isaac asked, think of it, if he is a famous person like Immi? Rebbi Yose ben Rebbi Abun said, is there nobody who would look like Rebbi Immi? There came a case before the rabbis there. They said to him, “you are not he.” Abba bar Abba got up and whispered in his ear saying, by your life, give her a bill of divorce because of the doubt. Rav’s students got up and beat him. Somebody said, the whip is burning and the footstool is burning. Samuel said, I was there, no whip was burning and no footstool was burning, but my father was hit and got up. There came a case before Rebbi Immi. He said to him, yes, it is sure that she is permitted to you but you should know that the child of this man is a bastard before Heaven. Rebbi Ze‘ira was praising him because he made the situation clear.
“If one witness says,” etc. “If one witness says that he died and she remarried, then another comes and says that he is not dead, she shall not leave.” Because he said that after she had remarried. Therefore if [the second witness came] before she remarried, if she remarried she has to leave. Rebbi Joḥanan said, these are the words of Rebbi Menaḥem ben Rebbi Yose. But the words of the Sages [are], whether he testified after she remarried or before she remarried, she should not remarry, but if she remarried she shall not leave. Rav Naḥman bar Jacob said in the name of Rav, if she was married by the testimony of two witnesses, even if he returns, one says to him, “you are not he.” Rebbi Samuel ben Rav Isaac asked, think of it, if he is a famous person like Immi? Rebbi Yose ben Rebbi Abun said, is there nobody who would look like Rebbi Immi? There came a case before the rabbis there. They said to him, “you are not he.” Abba bar Abba got up and whispered in his ear saying, by your life, give her a bill of divorce because of the doubt. Rav’s students got up and beat him. Somebody said, the whip is burning and the footstool is burning. Samuel said, I was there, no whip was burning and no footstool was burning, but my father was hit and got up. There came a case before Rebbi Immi. He said to him, yes, it is sure that she is permitted to you but you should know that the child of this man is a bastard before Heaven. Rebbi Ze‘ira was praising him because he made the situation clear.
“If one witness says,” etc. “If one witness says that he died and she remarried, then another comes and says that he is not dead, she shall not leave.” Because he said that after she had remarried. Therefore if [the second witness came] before she remarried, if she remarried she has to leave. Rebbi Joḥanan said, these are the words of Rebbi Menaḥem ben Rebbi Yose. But the words of the Sages [are], whether he testified after she remarried or before she remarried, she should not remarry, but if she remarried she shall not leave. Rav Naḥman bar Jacob said in the name of Rav, if she was married by the testimony of two witnesses, even if he returns, one says to him, “you are not he.” Rebbi Samuel ben Rav Isaac asked, think of it, if he is a famous person like Immi? Rebbi Yose ben Rebbi Abun said, is there nobody who would look like Rebbi Immi? There came a case before the rabbis there. They said to him, “you are not he.” Abba bar Abba got up and whispered in his ear saying, by your life, give her a bill of divorce because of the doubt. Rav’s students got up and beat him. Somebody said, the whip is burning and the footstool is burning. Samuel said, I was there, no whip was burning and no footstool was burning, but my father was hit and got up. There came a case before Rebbi Immi. He said to him, yes, it is sure that she is permitted to you but you should know that the child of this man is a bastard before Heaven. Rebbi Ze‘ira was praising him because he made the situation clear.
It is written: “Abijah and his people inflicted a very great slaughter on them.” Rebbi Abba bar Cahana said, he destroyed the face recognition of the men of Israel. That is what is written, “the recognition of their faces testified about them,” etc. That refers to the nose. Rebbi Immi said, he put up guards for three days until appearance was disfigured. That is what is written: “Your widows are more for me than the sand of the oceans.” It was stated in this respect: One testifies only on the appearance of the face with the nose. It is written: “Jeroboam was powerless for the rest of Aijah’s days; the Eternal smote him and he died.” Rebbi Samuel said, you think that this refers to Jeroboam, but it is Abijah. Why was he smitten? Rebbi Joḥanan said, because he insulted Jeroboam in public. That is what is written: “You are a great multitude and with you are the golden calves that Jeroboam made for you as gods.” Rebbi Simeon ben Laqish said, because he denigrated his teacher Aḥijah from Shiloh. That is what is written: “And men, rascals, joined him,” that he called Aḥijah from Shiloh a rascal. But the rabbis say, because an idol fell into his hand and he did not destroy it, that is what is written: “Abijah pursued Jeroboam and took from him cities, Beth El and its dependencies …” and it is written: “He set up one in Beth El and one he dedicated in Dan.”
There, we have stated: “A hyssop which was used to sprinkle is acceptable [to be used] to purify the sufferer from skin disease.” Rebbi Immi in the name of Rebbi Eleazar: That [was stated] to exclude the opinion of Rebbi Eliezer, as it was stated: If he sprinkled with it for purifying, it is disqualified for the sufferer from skin disease. If he sprinkled with it for the sufferer from skin disease, it is disqualified for purifying. Rebbi Yose said, would that not be an argument de minore ad majus? Since for the sufferer from skin disease, for whose ceremony use does not disable, if he sprinkled with it for purifying, it is disqualified for the sufferer from skin disease; purifying, for whose ceremony use does disable, if he sprinkled with it for purifying, is it not logical that it should be disqualified for purifying?
It was stated, בוא ובה. Is that written? It follows what Rebbi Immi said in the name of Rebbi Joḥanan: For interpretation, one removes from its beginning to its end. Rebbi Ḥanina in the name of Rebbi Jeremiah: Even a middle word. “You have to pour oil on.” You have to pour oil on a flour offering, to subject all flour offerings to pouring.
There, they say, because Rebbi Joshua praised Rebbi Aqiba, it implies that practice follows his argument. The rabbis of Caesarea say, he praised him for his ingenuity, but in fact practice does not follow his argument, since Rebbi Aḥa, Rebbi Maisha, in the name of Rebbi Eleazar said, one whips for tertiary [impurity] for tithes, even according to Rebbi Aqiba. Rebbi Yudan in the name of Rebbi Hilai: Even according to Rebbi Aqiba one does not whip. Why? The ṭevul yom makes invalid, secondary impurity makes invalid. Since the ṭevul yom has no touch for profane food, also secondary impurity has no touch for profane food. Rebbi Eleazar said, as the count for profane food so is the count of tithes. This corresponds to what Rebbi Jonah, Rebbi Immi, said in the name of Rebbi Simeon ben Laqish: We deal with somebody who ate profane food, and that Chapter deals with tithe. Rebbi Yose said, even its primary [impurity] is not clear. Not “I will not eat” is written, but “I did not eat.” Rebbi Abba Mari said, since it is written “following all Your commandments which You commanded me,” is it as if it were not clear?
HALAKHAH: Did not Rebbi Ḥiyya state: Nobody could sit in the Temple courtyard except for kings of the Davidic dynasty, and Rebbi Immi said in the name of Rebbi Simeon ben Laqish, even the kings of the Davidic dynasty could not sit in the Temple courtyard! Explain it, that he was leaning on the wall in a kind of sitting. But is it not written: “King David came and sat before the Eternal”? Rebbi Ayvo bar Naggari said, he concentrated on his prayer. There, we have stated: The first group left and sat on the Temple Mount, the second in the Ḥel, and the third at its place! Rebbi Naḥman in the name of Rebbi Mana: Did we state that the third sat at its place? It stood at its place!
Rebbi Yannai said, the words of Rebbi Meïr: Even if one broke its neck he is guilty. Rebbi Jacob bar Aḥa, Rebbi Immi, in the name of Rebbi Simeon ben Laqish: The words of Rebbi Meïr: Even if one broke its neck he is guilty. The words of Rebbi Simeon: Even if he cut its throat, he is not punishable. Rebbi Yannai said, I heard about a boundary, from when it is forbidden: “They shall bring it down,” from the time of bringing down. Rebbi Ila said, to free it from “it and its young” following Rebbi Simeon.
Rebbi Ḥiyya bar Ada said, even if “a woman’s ketubah” was stated with them, do not all these rabbis disagree? Rebbi Ḥananiah and Rebbi Jonathan both say, circulating coin. Rebbi Joshua ben Levi said, circulating coin. Rebbi Jacob bar Aḥa, Rebbi Immi, Rebbi Simeon ben Laqish in the name of Rebbi Jehudah Neśia: Current coin. Rebbi Joḥanan said, good Severan tetradrachmas, Jerusalem ones. These are saying so, those are saying otherwise! But he also changed his mind and thought like them. Are not always these saying so, those are saying otherwise? Here, even he changed his mind and thought like them.
“And everything found is judged by a majority.” In difficult cases the rabbis compare this to crawling things, as it was stated: “Nine frogs and one crawling thing in a private domain, if somebody touched one of them and it is not known which one he touched, in doubt he is impure. If he transferred to the public domain and touched, in doubt he is pure. If he returned to the private domain and touched, in doubt he is impure. And for what is found one follows the majority.” Rav Ḥisda said, no valiant person can find his hands. Rebbi Immi said, praise to Him Who chose them and their words; do not compare this to a private domain but to the public domain! As it was stated: “Nine crawling things and one frog between them in the public domain, if somebody touched one of them and it is not known which one he touched, in doubt he is pure. If he transferred to a private domain and touched, in doubt he is impure. If he returned to the public domain and touched, in doubt he is pure. And for what is found one follows the majority.” Rav Ḥisda said, no valiant person can find his hands. Rebbi Immi said, praise to Him Who chose them and their words; is the spring of Sepphoris not public domain? Rebbi Yose said, since the two could be alone together it is treated as private domain.
“And everything found is judged by a majority.” In difficult cases the rabbis compare this to crawling things, as it was stated: “Nine frogs and one crawling thing in a private domain, if somebody touched one of them and it is not known which one he touched, in doubt he is impure. If he transferred to the public domain and touched, in doubt he is pure. If he returned to the private domain and touched, in doubt he is impure. And for what is found one follows the majority.” Rav Ḥisda said, no valiant person can find his hands. Rebbi Immi said, praise to Him Who chose them and their words; do not compare this to a private domain but to the public domain! As it was stated: “Nine crawling things and one frog between them in the public domain, if somebody touched one of them and it is not known which one he touched, in doubt he is pure. If he transferred to a private domain and touched, in doubt he is impure. If he returned to the public domain and touched, in doubt he is pure. And for what is found one follows the majority.” Rav Ḥisda said, no valiant person can find his hands. Rebbi Immi said, praise to Him Who chose them and their words; is the spring of Sepphoris not public domain? Rebbi Yose said, since the two could be alone together it is treated as private domain.
And even a minor. Rebbi Immi in the name of Rebbi Joshua ben Levi: Even a minor, even a relative. Even an underage relative? Let us hear from the following: Ḥananiah from Cartes was kidnapped, he, his son, and his wife. They came before Rebbi Ḥanina who did not receive them. They came before Rebbi Joshua ben Levi who received them. This implies, even an underage relative.
Rebbi Immi the Babylonian in the name of the rabbis from there: The reason of Rebbi Simeon ben Laqish is “criminal, criminal.” “Criminal” is mentioned in capital cases, “criminal” is mentioned in cases of flogging. Just as for the criminal in capital cases there is no monetary fine, so for the criminal mentioned in flogging cases there is no monetary fine.
Rebbi Ze‘ira sent to Rav Naḥman bar Jacob and Rebbi Immi bar Pappai: Who owns the earnings of the daughter? They said to him, the diligent said, herself. Who is the diligent? Samuel! Rebbi Mattanah said, it was said in the name of Rebbi as explanation of a verse: “You shall give them as inheritance to your sons to inherit property,” those to your sons and not your daughters to your sons; the verse speaks about the earnings of the daughter. Rebbi Yudan said, the Mishnah says so: “Her earnings and what she finds, even if she had not collected when the father died, belong to the brothers.” Anything she earned during her father’s lifetime. But what she earned after her father’s death according to everybody is hers.
Rebbi Yose ben Rebbi Ḥanina: One who rapes or seduces an orphan is free. Rebbi Abba bar Mamal said, this is in dispute; following Rebbi Yose the Galilean. But following Rebbi Aqiba a fine is due, and the fine belongs to herself. Rebbi Yose said, the Mishnah says so: “She has neither a door to her father’s house nor 100 tetradrachmas;” is she not like an orphan? Rebbi Immi and Rebbi Joshua ben Levi both say, one who calumniates an underage girl is free. Rebbi Hoshaiah said, that is correct. If she were an adult who was not warned, would there be any case? And an underage girl who was warned is like an adult who was not warned.
HALAKHAH: “If he did not write her “the male children,” etc. That is what Rebbi Immi said, that a man should be disposed to give generously to his daughter.
HALAKHAH: “What a woman finds or makes with her hands belongs to her husband,” etc. Rebbi Ḥizqiah in the name of Rebbi Immi: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree: One said, this is everybody’s opinion, the other said it is in dispute. We do not know who said what. It is reasonable that Rebbi Simeon ben Laqish should be the one who said it is in dispute since he explained that [the husband] provides her with food but does not give her a silver obolus as pocket money, and we did state: “If he does not give her a silver obolus as pocket money, what she makes with her hands is hers.” The work of her hands is parallel to what she finds. Rebbi Jacob bar Immi came in the name of Rebbi Simeon ben Laqish: It is everybody’s opinion. That means that Rebbi Simeon ben Laqish varies in his opinions.
HALAKHAH: “What a woman finds or makes with her hands belongs to her husband,” etc. Rebbi Ḥizqiah in the name of Rebbi Immi: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree: One said, this is everybody’s opinion, the other said it is in dispute. We do not know who said what. It is reasonable that Rebbi Simeon ben Laqish should be the one who said it is in dispute since he explained that [the husband] provides her with food but does not give her a silver obolus as pocket money, and we did state: “If he does not give her a silver obolus as pocket money, what she makes with her hands is hers.” The work of her hands is parallel to what she finds. Rebbi Jacob bar Immi came in the name of Rebbi Simeon ben Laqish: It is everybody’s opinion. That means that Rebbi Simeon ben Laqish varies in his opinions.
HALAKHAH: “If she decided to bring him 1’000 denars,” etc. Why did they say for money, one and one half times, and for estimations less one fifth? Rebbi Yose ben Ḥanina said, one estimates the will of the woman that she wants to use her vessels and depreciates them by a fifth. One estimates the will of the man to use it in trade and to make them one and one half. Rebbi Yose said, this implies that nobody has the right to sell his wife’s vessels. Example: Rebbi Ḥiyya, Rebbi Yasa, and Rebbi Immi went to appraise for Rebbi Yose ben Ḥanina’s daughter. They said to [the groom]: Deduct a fifth and double. He said to them, he deducts a fifth and does not double.
Simeon bar Abba in the name of Rebbi Joḥanan: If she brought him gold, at full value. This was also stated. Jewellery to be turned into denars, at the rate of one and one half. Denars to be turned into jewellery, at their full value. Rebbi Aḥa bar Pappos asked before Rebbi Immi: If she brought him an animal? He said to him, at full value. If she brought him real estate: He said to him, at full value. But does he not gain from it? But she collects the real estate, he has only the usufruct.
So is the Mishnah: And so those who provide for the orphan girl. Rebbi Ḥinena said, this means that one says to the overseers to take out a loan. For he explains it, if nothing is in the wallet one takes out a loan up to fifty. But if there is money in the wallet, one may add. Rebbi Yose said, this means that one does not say to the overseers to take out a loan. For he explains if there is money in the wallet. But if there is no money one diminishes. As the following, about a girl in the days of Rebbi Immi. He said, let it be held over for the holiday. Rebbi Ze‘ira said to him, you are causing a loss, but give everything, for the Lord of the holiday exists. It turns out that Rebbi Ḥanina holds with Rebbi Ze‘ira and Rebbi Yose with Rebbi Immi.
So is the Mishnah: And so those who provide for the orphan girl. Rebbi Ḥinena said, this means that one says to the overseers to take out a loan. For he explains it, if nothing is in the wallet one takes out a loan up to fifty. But if there is money in the wallet, one may add. Rebbi Yose said, this means that one does not say to the overseers to take out a loan. For he explains if there is money in the wallet. But if there is no money one diminishes. As the following, about a girl in the days of Rebbi Immi. He said, let it be held over for the holiday. Rebbi Ze‘ira said to him, you are causing a loss, but give everything, for the Lord of the holiday exists. It turns out that Rebbi Ḥanina holds with Rebbi Ze‘ira and Rebbi Yose with Rebbi Immi.
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.
If she sold produce connected to the ground: Rav Aḥa said, as if she sold harvested [produce]; Rebbi Yose said, as if she sold a tenth of the ground. Rebbi Ze‘ira, Rav Jehudah in the name of Rav: If somebody writes a field over to his wife, she cannot sell the produce. Rebbi Ze‘ira said, a baraita says so “What are revenues derived from revenues? He sells the produce, buys real estate, and eats its revenue.” Rebbi Immi asked: If another person had written [real estate] over to her, would he not receive the revenue? If he himself wrote, not so much more! He said only “wrote over”, but not “sold”. What is the difference between one who writes and one who sells? He tried to find a reason to hide food from the wife.
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.
That widow took a slave girl. The case came before Rebbi Isaac who said, what she took, she took. Rebbi Immi took her away, for she thought that she was hers but she was not hers. A similar case: The father of the sons of Shammai died and bequeathed a goat to them. The creditor came and took it. The case came before Rebbi Abbahu who said, he took his own property. Did we not state that if either an heir or a creditor came and took, one does [not] remove from his hand; for they thought they were theirs but they were not theirs. Rebbi Jacob bar Zabdi said, Rebbi Abbahu agrees that if they sold it, or gave it as a pledge, or moved it to another place, if then the creditor came and took it one removes it from his possession.
HALAKHAH: “If somebody was married to two women,” etc. That refers to what Rebbi Immi said, that a man should be induced to give generously to his daughter. If that is so, then even if there is no excess denar? Rebbi Abun said, in case you can uphold their words with the words of the Torah, you uphold their words with the words of the Torah. But in case you cannot uphold their words with the words of the Torah, you disregard their words and uphold the words of the Torah.
Rebbi Immi in the name of Rebbi Yose ben Ḥanina: Also she does not perform for them services of intimacy. What are services of intimacy? She rubs their bodies, washes their faces, or mixes their cup.
Rav said, if a dying person said, do not bury me, he is buried as a charge on public charity. Rebbi Immi asked, how could one think that others are provided for by his property and he is buried as a charge on public charity? The Mishnah disagrees with Rav: “Her heirs, the heirs of her ketubah, are obligated to bury her.” Explain it, if they inherited real estate. As it was stated: “If he left male and female slaves, mortgages, and movables, anybody who takes them first acquires them and he shall be buried by public charity.” Because he took it first. Therefore, if he did not take it first one removes from his hand. Explain it, if he said, bury me. As Rebbi Yose said in the name of the rabbis: If a dead person was buried who had not said “bury me”, even though others came and took [of his property] one removes from their hands. If they took real estate. In fact, what you say, one removes from their hands, if they took real estate. But if they took movables, one does not remove from their hands, if it was a loan by witnesses. But for a documented loan, whether they took real estate or movables one does not remove from their hands. For Rebbi Abba, the son of Rav Huna, said: They made the words of a bedridden person equal to those of a healthy person who wrote and delivered. But only if he died from that illness, not if he recovered. And if he was explicit and said, give field X to Y. If he said, give field X to Y? Is it as if he was explicit or only if he said, the Northern half, the Southern half? Rebbi Yudan asked: If he said, burn me by pagan rites and give half of field X to Y. Since they do not burn, do they give? Rebbi Ḥaggai asked: A sick person who said, my daughters shall be supported. Would the daughters not be supported anyway? No, it is necessary, for otherwise would they be supported from pledged real estate or would they be supported from movables? Rebbi Yudan [ ] there came a case before Rebbi Yose about a bedridden person who had said, my documents shall be given to X. He said to him, the bedridden can only transfer property which is acquired either by a document or by taking hold. But these are acquired by a document and by taking hold. As it was stated: “A ship is acquired by taking hold in the opinion of everybody. Rebbi Nathan says a ship and documents are acquired by a document and by taking hold. If he wrote and did not take hold, or took hold without writing [a transfer document] he did not do anything unless he both writes and takes hold.”
HALAKHAH: “Neither the orphan girl, nor the secondarily prohibited, nor the she-ram,” etc. One understands the secondarily prohibited and the she-ram. The orphan? Does an orphan not have ketubah? Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi J̣oḥanan: Explain it for an orphan who repudiated. Rebbi Ayvo bar Naggari, Rebbi Immi: Just as they fined her, so they fined him. In which respect? That if he preliminarily married her by [giving her] a pound of gold, he loses it all.
Rebbi Berekhiah asked Rebbi Ḥelbo. Rebbi Ḥelbo asked Rebbi Immi. Rebbi Immi asked Rebbi Eleazar. Rebbi Eleazar asked Rebbi Ḥanina, some say Rebbi Ḥanina asked Rebbi Joshua: Even those like Jeroboam and his kind? He said to him, (Deut. 29:22) “Sulphur and salt, conflagration throughout the country.” Rebbi Berekhiah said, one asked the other and we understand nothing from it. What does it mean? Since the Land of Israel was burned, judgment was executed on it. We have stated in the name of Rebbi Jehudah: Seven years was the Land of Israel burned; that is what is written (Dan. 9:27) “The Covenant overtook the public for one week.” What did the secondaries in it do? Pieces, pieces and it was burned.
Rebbi Berekhiah asked Rebbi Ḥelbo. Rebbi Ḥelbo asked Rebbi Immi. Rebbi Immi asked Rebbi Eleazar. Rebbi Eleazar asked Rebbi Ḥanina, some say Rebbi Ḥanina asked Rebbi Joshua: Even those like Jeroboam and his kind? He said to him, (Deut. 29:22) “Sulphur and salt, conflagration throughout the country.” Rebbi Berekhiah said, one asked the other and we understand nothing from it. What does it mean? Since the Land of Israel was burned, judgment was executed on it. We have stated in the name of Rebbi Jehudah: Seven years was the Land of Israel burned; that is what is written (Dan. 9:27) “The Covenant overtook the public for one week.” What did the secondaries in it do? Pieces, pieces and it was burned.
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.
Rebbi Immi said, who is the Tanna of speeding-up vows? Rebbi Tarphon! For he explains it for those who insist. Rebbi Abba said, explain it according to everybody for those who do not insist. If you say for those who insist, one should have stated that Rebbi Eliezer ben Jacob and Rebbi Tarphon say the same thing. Some Tannaїm say, “one who wants”; some Tannaïm say, “also one who wants”. He who says “one who wants” supports Rebbi Abba; he who says “also one who wants”, supports Rebbi Immi. Rebbi Pedat in the name of Rebbi Joḥanan: who is the Tanna of speeding-up vows? Rebbi Tarphon!
Rebbi Immi said, who is the Tanna of speeding-up vows? Rebbi Tarphon! For he explains it for those who insist. Rebbi Abba said, explain it according to everybody for those who do not insist. If you say for those who insist, one should have stated that Rebbi Eliezer ben Jacob and Rebbi Tarphon say the same thing. Some Tannaїm say, “one who wants”; some Tannaïm say, “also one who wants”. He who says “one who wants” supports Rebbi Abba; he who says “also one who wants”, supports Rebbi Immi. Rebbi Pedat in the name of Rebbi Joḥanan: who is the Tanna of speeding-up vows? Rebbi Tarphon!
HALAKHAH: “If he had his house to build, his fence to repair,” etc. May he say, he who works will not lose? Let us hear from the following. In the days of Rebbi Immi there was a fire in the village. Rebbi Immi sent a crier to the markets of the Gentiles saying: “He who works will not lose.” Rebbi Eleazar ben Rebbi Yose said, that was danger to life. But if there was danger to life, Rebbi Immi himself should have fought the fire! Did we not state, in any case of danger to life one does not say that [the necessary work] be done by Gentiles or minors, but [it should be done] even by important Jewish persons. It happened that there was a fire in the courtyard of Yose ben Simai in Šiḥin, and the garrison of the barracks of Sepphoris came to fight it but he did not let them fight it; he said, let the collector collect his due. Immediately there formed a cloud, there was rain which extinguished it. After the Sabbath he sent to each of them a tetradrachma and to their commander 50 denarii. Rebbi Ḥanina said, there was no need for him to do that A Samaritan was a neighbor of Rebbi Jonah. There was a fire in Rebbi Jonah’s neighborhood; he wanted to fight it but Rebbi Jonah did not let him. He said to him, because of my property! He said, yes. And everything was saved. Rebbi Jonah from Kefar-Immi spread his garment over the grain stack and the fire retreated from it.
HALAKHAH: “If he had his house to build, his fence to repair,” etc. May he say, he who works will not lose? Let us hear from the following. In the days of Rebbi Immi there was a fire in the village. Rebbi Immi sent a crier to the markets of the Gentiles saying: “He who works will not lose.” Rebbi Eleazar ben Rebbi Yose said, that was danger to life. But if there was danger to life, Rebbi Immi himself should have fought the fire! Did we not state, in any case of danger to life one does not say that [the necessary work] be done by Gentiles or minors, but [it should be done] even by important Jewish persons. It happened that there was a fire in the courtyard of Yose ben Simai in Šiḥin, and the garrison of the barracks of Sepphoris came to fight it but he did not let them fight it; he said, let the collector collect his due. Immediately there formed a cloud, there was rain which extinguished it. After the Sabbath he sent to each of them a tetradrachma and to their commander 50 denarii. Rebbi Ḥanina said, there was no need for him to do that A Samaritan was a neighbor of Rebbi Jonah. There was a fire in Rebbi Jonah’s neighborhood; he wanted to fight it but Rebbi Jonah did not let him. He said to him, because of my property! He said, yes. And everything was saved. Rebbi Jonah from Kefar-Immi spread his garment over the grain stack and the fire retreated from it.
HALAKHAH: “If he had his house to build, his fence to repair,” etc. May he say, he who works will not lose? Let us hear from the following. In the days of Rebbi Immi there was a fire in the village. Rebbi Immi sent a crier to the markets of the Gentiles saying: “He who works will not lose.” Rebbi Eleazar ben Rebbi Yose said, that was danger to life. But if there was danger to life, Rebbi Immi himself should have fought the fire! Did we not state, in any case of danger to life one does not say that [the necessary work] be done by Gentiles or minors, but [it should be done] even by important Jewish persons. It happened that there was a fire in the courtyard of Yose ben Simai in Šiḥin, and the garrison of the barracks of Sepphoris came to fight it but he did not let them fight it; he said, let the collector collect his due. Immediately there formed a cloud, there was rain which extinguished it. After the Sabbath he sent to each of them a tetradrachma and to their commander 50 denarii. Rebbi Ḥanina said, there was no need for him to do that A Samaritan was a neighbor of Rebbi Jonah. There was a fire in Rebbi Jonah’s neighborhood; he wanted to fight it but Rebbi Jonah did not let him. He said to him, because of my property! He said, yes. And everything was saved. Rebbi Jonah from Kefar-Immi spread his garment over the grain stack and the fire retreated from it.
HALAKHAH: “If he had his house to build, his fence to repair,” etc. May he say, he who works will not lose? Let us hear from the following. In the days of Rebbi Immi there was a fire in the village. Rebbi Immi sent a crier to the markets of the Gentiles saying: “He who works will not lose.” Rebbi Eleazar ben Rebbi Yose said, that was danger to life. But if there was danger to life, Rebbi Immi himself should have fought the fire! Did we not state, in any case of danger to life one does not say that [the necessary work] be done by Gentiles or minors, but [it should be done] even by important Jewish persons. It happened that there was a fire in the courtyard of Yose ben Simai in Šiḥin, and the garrison of the barracks of Sepphoris came to fight it but he did not let them fight it; he said, let the collector collect his due. Immediately there formed a cloud, there was rain which extinguished it. After the Sabbath he sent to each of them a tetradrachma and to their commander 50 denarii. Rebbi Ḥanina said, there was no need for him to do that A Samaritan was a neighbor of Rebbi Jonah. There was a fire in Rebbi Jonah’s neighborhood; he wanted to fight it but Rebbi Jonah did not let him. He said to him, because of my property! He said, yes. And everything was saved. Rebbi Jonah from Kefar-Immi spread his garment over the grain stack and the fire retreated from it.
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.
“I did not vow as a nazir,” he is permitted. “I already had been a nazir,” he is forbidden. Rebbi Abun bar Ḥiyya in the name of Rebbi Avina, Rebbi Immi in the name of Rebbi Yose bar Ḥanina: If somebody says, I am like ‘orlah juice, he did not say anything. The colleagues say, that follows Rebbi Simeon in a disagreement. As we have stated there: “If somebody said, an oath that I shall not eat, but he ate carcass or torn meat, abominations or crawling things, he is guilty. But Rebbi Simeon declares him free from prosecution.” Rebbi Ze‘ira said, they disagree if it is an inclusive statement. But if it is a detailed statement, everybody agrees that no oath can be applied to prohibitions. And here, we consider an inclusive statement. Rebbi Yudan said, one is about vows, the other about oaths. Vows can be applied to prohibitions but no oaths can be applied to prohibitions.
From here, “if his hair became heavy”: Rebbi. For Rebbi Jeremiah said in the name of Rebbi Immi: The words of Rebbi: A nazir in perpetuity shaves once in twelve months. The words of the Sages: A nazir in perpetuity sometimes shaves every thirty days, sometimes once in twelve months. Rebbi Hila in the name of Rebbi Assi: It says so: “I am a nazir like the hair on my head, like the dust of the earth, or like the sand of the sea. He is a nazir in perpetuity and shaves every thirty days. Rebbi says, this one does not shave every thirty days,” but once in twelve months. “Who is one who shaves every thirty days? If he says, I am obligated for nezirut like the hair on my head, like the dust of the earth, or like the sand of the sea.” Rebbi Ze‘ira said, they differ if it was not made explicit. Where do we hold? If he says, “the fullness of my hair”, everybody agrees that he shaves once every thirty days. If he says, “the number of the hairs on my head,” everybody agrees that he shaves after twelve months. But we must hold that he says “like hair”. Rebbi says, “the fullness of my hair”. But the rabbis say, he means “the number of the hairs on my head.” And here, why? Why did the man not make the vow? He only encourages himself to avoid prohibitions. In addition, from the following: “Rebbi Jehudah added: If he said, like that which is collected in the fig harvest, or like sheaves in a Sabbatical year, or like stars in the sky, he is a nazir in perpetuity and shaves every thirty days.” Could you say that Rebbi Jehudah follows the rabbis? He holds with Rebbi, as Rebbi Jehudah added: “Absalom was a nazir in perpetuity and shaved every twelve months.” What is the reason? Because of nezirut. But that would mean for the rabbis that he shaved every thirty days; that is what we have stated: “I am a nazir the house full, or a chest full. One checks him out.” It was stated on that: He shaves every thirty days. But here he said, he shaved every twelve months.
Something happened to Rebbi Immi and he shaved on the 30 day, and something happened to Rebbi Immi and he shaved on the 31 day. Rebbi Zeriqa said, Rebbi Immi learned this from the Mishnah, as we have stated there: “If somebody vowed two neziriot, he shaves for the first on the 31 day, for the second on the 61 day.” Rebbi Yose said, there when it happened, here from the start. Rebbi Jeremiah instructed Rebbi Isaac Aṭoshia, and some say, Rav Ḥiyya bar Rav Isaac Aṭoshia, to shave on the 30th day, following the Mishnah: “Eight days, the decree of 30 days is waived for him.” The eighth has the same status as the 30 day. Rebbi Yose said, there is a difference; there they permitted in order to honor the holiday. You should know this, since Rebbi Ḥelbo bar Ḥuna said in the name of Rebbi Joḥanan: If his eighth day falls on the Sabbath, he shaves Sabbath eve. If you say that they did not permit in order to honor the holiday, then even if his 30 day falls on the Sabbath, he should shave Sabbath eve. In addition, from what Rebbi Joḥanan had said: “For all deceased he stitches together after seven days and mends after 30.” Why should he not stitch on the seventh day and mend on the 30 day? Rebbi Ḥaggai said, this has been transmitted in this way and that has been transmitted in that way.
Something happened to Rebbi Immi and he shaved on the 30 day, and something happened to Rebbi Immi and he shaved on the 31 day. Rebbi Zeriqa said, Rebbi Immi learned this from the Mishnah, as we have stated there: “If somebody vowed two neziriot, he shaves for the first on the 31 day, for the second on the 61 day.” Rebbi Yose said, there when it happened, here from the start. Rebbi Jeremiah instructed Rebbi Isaac Aṭoshia, and some say, Rav Ḥiyya bar Rav Isaac Aṭoshia, to shave on the 30th day, following the Mishnah: “Eight days, the decree of 30 days is waived for him.” The eighth has the same status as the 30 day. Rebbi Yose said, there is a difference; there they permitted in order to honor the holiday. You should know this, since Rebbi Ḥelbo bar Ḥuna said in the name of Rebbi Joḥanan: If his eighth day falls on the Sabbath, he shaves Sabbath eve. If you say that they did not permit in order to honor the holiday, then even if his 30 day falls on the Sabbath, he should shave Sabbath eve. In addition, from what Rebbi Joḥanan had said: “For all deceased he stitches together after seven days and mends after 30.” Why should he not stitch on the seventh day and mend on the 30 day? Rebbi Ḥaggai said, this has been transmitted in this way and that has been transmitted in that way.
Something happened to Rebbi Immi and he shaved on the 30 day, and something happened to Rebbi Immi and he shaved on the 31 day. Rebbi Zeriqa said, Rebbi Immi learned this from the Mishnah, as we have stated there: “If somebody vowed two neziriot, he shaves for the first on the 31 day, for the second on the 61 day.” Rebbi Yose said, there when it happened, here from the start. Rebbi Jeremiah instructed Rebbi Isaac Aṭoshia, and some say, Rav Ḥiyya bar Rav Isaac Aṭoshia, to shave on the 30th day, following the Mishnah: “Eight days, the decree of 30 days is waived for him.” The eighth has the same status as the 30 day. Rebbi Yose said, there is a difference; there they permitted in order to honor the holiday. You should know this, since Rebbi Ḥelbo bar Ḥuna said in the name of Rebbi Joḥanan: If his eighth day falls on the Sabbath, he shaves Sabbath eve. If you say that they did not permit in order to honor the holiday, then even if his 30 day falls on the Sabbath, he should shave Sabbath eve. In addition, from what Rebbi Joḥanan had said: “For all deceased he stitches together after seven days and mends after 30.” Why should he not stitch on the seventh day and mend on the 30 day? Rebbi Ḥaggai said, this has been transmitted in this way and that has been transmitted in that way.
Rebbi Aḥa: Rebbi Immi said that Rebbi Yose ben Ḥanina asked: May his bird be eaten when its neck was broken? Instead of asking about a bird whose neck was broken, why do you not ask about a slaughtered bird? There is one doubt, here are two doubts. Rebbi Mani said, here also it is one doubt, as it was stated: One who perforates or tears out is not guilty because of profane slaughter in the Temple courtyard. The rabbis of Caesarea in the name of Rebbi Yose ben Ḥanina: There is not even one doubt, following him who says that slaughtering birds is not clear from the Torah: “They spread them a spread,” they spread out slaughtered [birds].
Rebbi Yose ben Rebbi Jehudah follows his father’s method: If somebody dedicated unblemished animals for the upkeep of the Temple, he violates a positive commandment. Why also a prohibition? The verse says: “The Eternal spoke to Moses לאמר”: a prohibition was pronounced, the words of Rebbi Jehudah. Rebbi was sitting and studying the rule that “a firstling cannot be substituted” when Bar Pedaiah’s father was passing by. Rebbi saw him, and said, do I know what I should say here, “the Eternal spoke to Moses לאמר,” could one explain the words of Rebbi Jehudah? Is it written thus? It follows what Rebbi Immi said in the name of Rebbi Joḥanan: For interpretation, one removes from its beginning to its end. Rebbi Ḥanina in the name of Rebbi Jeremiah: Even a middle word. “You have to pour oil on.” You have to pour oil on a flour offering, to subject all flour offerings to pouring.
So far, if he thought that it was the tenth which he called “tenth”. If he knew that it was the ninth and called it “tenth”? The colleagues say, it is sanctified. Rebbi Yudan said, it is not sanctified. The Mishnah supports the colleagues: “The House of Hillel said to the House of Shammai: Do you not agree that it leaves and grazes with the herd? The House of Shammai anwered them, do you not agree that if somebody erred and designated the ninth as the tenth, or the tenth as ninth, or the eleventh as tenth, it is sanctified.” And they do not accept it! Otherwise, they could have answered: Why do you answer us from something which is sanctified only if not in [willful] error about something which will be sanctified both in error and not in error! As Rebbi Immi said, they were rich in answer, or as Rebbi Nasa said, like somebody who has two reasons and he responds by giving one of them.
“Rebbi Aqiba says, even if he dipped his bread in wine for a total volume of an olive, he is guilty.” Rebbi Ḥanania said, only if he dipped in an olive-sized volume of wine. Rebbi Immi in the name of Rebbi Joḥanan: For a mixed cup one whips because of soaking. That is, if they did (not) warn because of soaking. But if they warned because of soaking, this does not apply. It is written: “He shall not drink anything soaked in grapes.” Not only soaking grapes, from where soaking grape skins? The verse says “soaked, anything soaked,” that all kinds of soaking are counted. Mixed wine combines with pure wine. Soaking water of grapes combines with grapes. Do soaked grapes and wine combine? If one ate half an olive’s volume of wine and half an olive’s volume of soaking water, is he not guilty. Separately, he is not prosecutable. Because he combined, he is guilty. If he ate (sic!) an olive’s volume of wine and an olive’s volume of soaking water, he is guilty only once. Separately, he is guilty twice. Because he combined, he should be guilty only once.
There, we have stated: “Three categories of people shave and their shaving is a commandment: the nazir, the sufferer from skin disease, and the Levites. All these, if they shaved not with a knife or left two hairs,did not do anything.” Rebbi Eleazar said: The Mishnah [speaks] about an impure nazir. But a pure nazir, once he shaved most of his head, even if not with a knife, has acquitted himself [of his obligation]. Rebbi Immi, following Rebbi Eleazar (ben Azariah), asked: The only place where a knife is mentioned is about a pure nazir: “A shaving knife shall not pass over his head until the days are fulfilled.” Therefore, after he fulfilled them he needs a knife! Perhaps it was said only about an impure nazir with regard to two hairs. Rebbi Yose said to Rebbi Jacob bar Aḥa: Do you remember when we were studying Nazir, we said that there was no difference between scissors and a knife, and Rebbi Eleazar said: The Mishnah [speaks] about an impure nazir! Why not about a pure nazir? The pure nazir shaves after the blood was sprinkled. When that was sanctified, his vow was completed. But it is as if fallen out.
The corpse of obligation acquired its place, four cubits even in a field of saffron, for on this condition did Joshua distribute the Land to Israel. When is this? If he found it in the field. But if he found it on the road, he buries it either to the right or to the left of the road. A fallow and a ploughed field, he buries it in the fallow field. A ploughed and a sown field, he buries it in the ploughed field. A vineyard and a sown field, he buries it in the sown field. A vineyard and an orchard, some Tannaïm state, he buries it in the vineyard; some Tannaïm state, he buries it in the orchard. He who says, he buries it in the vineyard but not in the orchard, because of a tent over the corpse. He who says, he buries it in the orchard but not in the vineyard because of the preparation of the grape harvest. If he switched, Rebbi Immi said in the name of Rebbi Simeon ben Laqish: He transgressed “do not defile your land.” If both were fallow, or ploughed, or sown, he buries in the one he chooses.
A Cohen and a Levite, the Levite shall defile himself. A Levite and an Israel, the Israel shall defile himself. No, is not the Levite like the Israel? Rebbi Abin said, it was taught in the time of the platform. The Sages agree with Rebbi Eliezer that between a High Priest and a nazir, the nazir shall defile himself but not the High Priest. Rebbi Eliezer agrees with the Sages that between a High Priest and a nazir, the nazir shall defile himself but not the High Priest. Think of it, if his father sanctified him from birth. The one is from the Torah, the other is not from the Torah. Rebbi Huna in the name of Rav Joseph: Rebbi Eliezer parallels the House of Shammai. As the House of Shammai say, between holy and frequent the holy has precedence, so Rebbi Eliezer says, between holy and frequent the holy has precedence. A nazir for 30 days and a nazir for 100, the nazir for 30 days shall defile himself. A nazir for 100 days and a nazir forever, the nazir for 100 days shall defile himself. A nazir forever, and a nazir of neziriot, some Tannaïm state, the nazir forever shall defile himself; but some Tannaïm state, the nazir of neziriot shall defile himself. He who says, the nazir forever shall defile himself but not the nazir of neziriot, since he shaves more frequently. He who says, the nazir of neziriot shall defile himself but not the nazir forever, since he brings more sacrifices. If he switched, it should be as Rebbi Immi said in the name of Rebbi Simeon ben Laqish: He transgressed “do not defile your land.” Here it is the same.
We have stated: “Rebbi Yose said, dried flesh from a corpse which even if soaked will not return to its former status is pure. What is Rebbi Yose’s reason? Did he not infer this from a carcass? From a carcass, since a dried carcass is pure, so also a dried corpse should be pure. Rebbi Immi asked: Since a foul-smelling carcass is pure, would a foul-smelling corpse also be pure? Then there can be no decayed matter for Rebbi Yose! It was found stated in Rebbi Yose’s name that there was decayed matter. The colleagues asked before Rebbi Yose: Since a carcass has no decay, so a corpse should have no decay! He told them that he inferred from an animal only for the flesh, not for the bones. There is no decay from flesh, there is decay from bones, as Bar Qappara stated, “decay of bones is jealousy.” Rebbi Yannai said, “or a grave”, even if one touched the first Adam’s grave. The colleagues say, he transposes the verse: “or a grave qbr” means “or decay rqb”. Bar Qappara stated, “or a grave qbr”, “or decay rqb”.
“What is a grave of the abyss? A corpse buried in stubble, straw, dust, or pebbles. But if it was buried in water, a dark spot, or rock crevasses, it does not create a grave of the abyss.” The principle: Any place from where it can be removed creates a grave of the abyss; any place from where it cannot be removed does not create a grave of the abyss. Can stubbles and straw not be removed? Does the Mishnah not follow Rebbi Yose, since Rebbi Yose said, straw said to be disregarded is disregarded. Rebbi Yose ben Rebbi Abun in the name of Rav Ḥisda: It is everybody’s opinion. What Rebbi Yose said, if he mixed it with dust. “There is straw which is treated like dust and dust which is treated like straw. Straw not to be removed is like dust; dust to be removed is like straw.” In the House of Rebbi Yannai they said: If he covered it with mats it is disregarded. Come and see: If he [filled] it with mats it is not disregarded, if he covered it with mats it is disregarded. If he filled it with branches of date palms it is problematic. Rebbi Zeriqan, Rebbi Immi, in the name of Rebbi Simeon ben Laqish: Even thin sheets.
If [the bill of divorce] contained documentation of a gift and [the messenger] said, it was written and signed before me, is [the husband’s] protest about the gift void since it is void about the divorce? Or, since his protest is void [only] about the divorce, is it valid about the gift? We have stated later: “Bills of divorce for wives and documents of manumission are equal in the rules of carrying and bringing.” If [the document of manumission] contained documentation of a gift and [the messenger] said, it was written and signed before me, is [the master’s] protest about the gift void since it is void about the manumission? Or since his protest is void [only] about the manumission, is it valid about the gift? If somebody signed all his property over to his slave, you say that the gift is the document of manumission. How do you treat this? Is it a document of manumission and his protest is void or is it a gift and his protest is valid? This can be compared to the following: If somebody signed 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 Ila in the name of Rebbi Immi: 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 Eleazar 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”. Rebbi Jacob bar Aḥa said, Rebbi Ḥanina the colleague of the rabbis and the rabbis disagree. One says, the argument of Rebbi Eleazar is correct, but the other says, Rebbi Eleazar is not correct. For him who says, the argument of Rebbi Eleazar is correct, it is a testimony about one person; as testimony it is totally invalid if it is partially invalid. 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.
Rebbi Ḥiyya [bar] Abba said: If one sold a slave into Acco, the latter was set free. Rebbi Ismael, the father of Rebbi Yudan, asked: Even from Acco to Acco? This follows what Rebbi Aḥa bar Jacob said in the name of Rebbi Immi: From two actions of Rebbi we learn that Acco is partly of the Land of Israel and partly outside the Land. Rebbi was in Acco when he saw them eating clean bread; he asked them, how did you knead [the dough]? They said to him, a student came here and instructed us that egg water does not prepare. We are boiling eggs and use their water to knead. They thought he was talking about cooking water of eggs when he spoke only of the eggs themselves. Rebbi Jacob bar Idi said, at that moment they decreed that a student may not render decisions. Rebbi Ḥiyya in the name of Rebbi Ḥuna: If a student gives instructions even according to practice, his instructions are no instructions.
Rebbi Eleazar said, Rebbi Abun asked: If he said “it was written and one witness signed before me,” and two testify about the signature of the second witness. Rebbi Immi the Babylonian said, nothing can be more valid than this. Rebbi Abba did not say so but: If he said “it was written and one witness signed before me, and I am the second witness.” He is like a party interested in his testimony.
Rebbi Immi said, where do they disagree? If the document is presented by him personally. But if it is presented by another person, even the rabbis will agree that it is valid. Rebbi Ḥananiah agrees with Rebbi Immi. Rebbi Ze‘ira said, where do they disagree? If the document is presented by another person. But if it is presented by him personally, even Rebbi Jehudah will agree that it is invalid. Rebbi Ze‘ira objected to Rebbi Immi: If the document is presented by him personally, does Rebbi Jehudah declare it valid even in the first case? Rebbi Immi brought his father-in-law Rebbi Jonah who stated for him: If one said “it was written before me” and another “it was signed before me”, it is invalid, but Rebbi Jehudah declares it valid. Rebbi Abin said, the formulation of a baraita supports Rebbi Ze‘ira: In that case, Rebbi Jehudah declares it valid. But it is difficult following Rebbi Ze‘ira: If the document is presented by another person, that is when they do not treat the messenger as two. When do they treat him as two? When he testifies to both writing and signing.
Rebbi Immi said, where do they disagree? If the document is presented by him personally. But if it is presented by another person, even the rabbis will agree that it is valid. Rebbi Ḥananiah agrees with Rebbi Immi. Rebbi Ze‘ira said, where do they disagree? If the document is presented by another person. But if it is presented by him personally, even Rebbi Jehudah will agree that it is invalid. Rebbi Ze‘ira objected to Rebbi Immi: If the document is presented by him personally, does Rebbi Jehudah declare it valid even in the first case? Rebbi Immi brought his father-in-law Rebbi Jonah who stated for him: If one said “it was written before me” and another “it was signed before me”, it is invalid, but Rebbi Jehudah declares it valid. Rebbi Abin said, the formulation of a baraita supports Rebbi Ze‘ira: In that case, Rebbi Jehudah declares it valid. But it is difficult following Rebbi Ze‘ira: If the document is presented by another person, that is when they do not treat the messenger as two. When do they treat him as two? When he testifies to both writing and signing.
Rebbi Immi said, where do they disagree? If the document is presented by him personally. But if it is presented by another person, even the rabbis will agree that it is valid. Rebbi Ḥananiah agrees with Rebbi Immi. Rebbi Ze‘ira said, where do they disagree? If the document is presented by another person. But if it is presented by him personally, even Rebbi Jehudah will agree that it is invalid. Rebbi Ze‘ira objected to Rebbi Immi: If the document is presented by him personally, does Rebbi Jehudah declare it valid even in the first case? Rebbi Immi brought his father-in-law Rebbi Jonah who stated for him: If one said “it was written before me” and another “it was signed before me”, it is invalid, but Rebbi Jehudah declares it valid. Rebbi Abin said, the formulation of a baraita supports Rebbi Ze‘ira: In that case, Rebbi Jehudah declares it valid. But it is difficult following Rebbi Ze‘ira: If the document is presented by another person, that is when they do not treat the messenger as two. When do they treat him as two? When he testifies to both writing and signing.
Rebbi Immi said, where do they disagree? If the document is presented by him personally. But if it is presented by another person, even the rabbis will agree that it is valid. Rebbi Ḥananiah agrees with Rebbi Immi. Rebbi Ze‘ira said, where do they disagree? If the document is presented by another person. But if it is presented by him personally, even Rebbi Jehudah will agree that it is invalid. Rebbi Ze‘ira objected to Rebbi Immi: If the document is presented by him personally, does Rebbi Jehudah declare it valid even in the first case? Rebbi Immi brought his father-in-law Rebbi Jonah who stated for him: If one said “it was written before me” and another “it was signed before me”, it is invalid, but Rebbi Jehudah declares it valid. Rebbi Abin said, the formulation of a baraita supports Rebbi Ze‘ira: In that case, Rebbi Jehudah declares it valid. But it is difficult following Rebbi Ze‘ira: If the document is presented by another person, that is when they do not treat the messenger as two. When do they treat him as two? When he testifies to both writing and signing.
Rebbi Yasa said in the name of Rebbi Joḥanan: If it is presented by him personally. Rebbi Ze‘ira was looking at him. He asked, why are you looking at me? Even if it is presented by another person. It meansthat Rebbi Yasa before he changed his mind followed Rebbi Immi. Rebbi Mana said, even after he changed his mind it can be explained following him. There is a difference between two witnesses to the writing and two witnesses to the signing. Signing before two [witnesses] is empowered, writing before two is not empowered.
HALAKHAH: “If the minor received it and became an adult,” etc. There came a case before Rebbi Immi that a slave brought a bill of divorce; [he declared it] valid. Rebbi Abba said to him, did not Rebbi Ḥiyya state that if a slave brought a bill of divorce, it would be invalid? Rebbi Assi said, if not for Rebbi Abba, we would have permitted a married woman! Even if you say that Rebbi Assi did not accept what Rebbi Ḥiyya stated, did he not accept what the rabbis said? Let us hear from the following which Rebbi Ze‘ira, Rebbi Ḥiyya said in the name of Rebbi Joḥanan: It is reasonable that a slave could accept a bill of manumission [for delivery] but he should not accept [a bill of divorce] as we do. They thought, he formulated “he should not accept,” therefore, if he transgressed and accepted, it would be valid. Rebbi Jacob bar Aḥa in the name of Rav Hoshaiah: It happened that she was a Cohen’s wife and they were not afraid of a hint of invalidity.
If the messenger fell sick. Rebbi Ḥanina said, a case came before the son of Rebbi Abba and he sent to ask Rebbi Ḥiyya, Rebbi Yasa and Rebbi Immi. They instructed him that the first messenger does not have to say: “it was written and signed before me,” but he says, “I am an agent of the court.”
HALAKHAH: “If somebody lent money to a Cohen,” etc. Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: This follows Rebbi Yose; as we have stated there: “Rebbi Yose says, anything whose replacement is in the Cohen’s hand is freed from the gifts, but Rebbi Meїr obligates.” Did Rebbi Yose not speak only if it did exist? But here, he still needs to sow! Rebbi Abbahu in the name of Rebbi Joḥanan: The Mishnah speaks of acquaintances of Cohanim or Levites. But did we not state “a poor person”? Does a poor person have acquaintances? There came a case before Rebbi Immi: A Cohen or Levite who owed money to an Israel and told him, separate from my part for my account. He said to him, did we not state: “If somebody lent money to a Cohen, a Levite, or a poor person to separate on their account.” When the loan was given under these conditions. Therefore, not if it was not a condition of the loan! Rebbi Ze‘ira said, even if it was not a condition of the loan. Rebbi Ze‘ira’s force is from the following: “Similarly, a Levite who owed money to an Israel and said to him, separate on my account; only he should not collect and separate because no Levite makes a Levite.” He only said, he should not separate, but from his own he may separate.
“Because of the public good.” They say in the name of Rebbi Simeon ben Laqish: That she should not risk bastardy. Some say in the name of Rebbi Simeon ben Laqish: That she should not remain anchored. He who said, that she should not remain anchored, [is afraid that] she turns out to be anchored if she thought that he annulled when he did not annul. He who said, that she should not risk bastardy, [is afraid that] her children will be bastards if she thought that he did not annul when he annulled, she goes and marries without a bill of divorce. If she thought that he annulled when he did not annul, another man comes and marries her preliminarily; the preliminary marriage is valid but she thinks it is invalid. She waits until her first husband dies, then she goes and marries [another man]; the result is that her children will be bastards. Rebbi Mana said, I went with a caravan and heard Rebbi Jacob bar Aḥa and Rebbi Immi in the name of Rebbi Simeon ben Laqish: That she should not risk bastardy. Rav Huna said, even the one who said that she should not remain anchored also agrees that she should not risk bastardy.
There could be terms. If he entered into terms with him, it is permitted. That means, with adults. With minors, the terms can be with their masters. That is, if the master was a Jew. If he was Gentile? Rebbi Tevele sold his slave and entered into terms with his master. Rebbi Isaac the goldsmith had slaves who fled to Bnoton. He came and asked Rebbi Immi who instructed him that a sales contract is forbidden, a loan for use is permitted, a cession is questionable. The slave girl of Rebbi Abba bar Ada fled to Cilicia. He came and asked Rebbi Mana, who instructed him following Rebbi Immi: a sales contract is forbidden, a loan for use is permitted, a cession is questionable.
There could be terms. If he entered into terms with him, it is permitted. That means, with adults. With minors, the terms can be with their masters. That is, if the master was a Jew. If he was Gentile? Rebbi Tevele sold his slave and entered into terms with his master. Rebbi Isaac the goldsmith had slaves who fled to Bnoton. He came and asked Rebbi Immi who instructed him that a sales contract is forbidden, a loan for use is permitted, a cession is questionable. The slave girl of Rebbi Abba bar Ada fled to Cilicia. He came and asked Rebbi Mana, who instructed him following Rebbi Immi: a sales contract is forbidden, a loan for use is permitted, a cession is questionable.
The Mishnah is Rebbi Meїr’s, since Rebbi Meїr says that a Gentile may not acquire real estate in the Land of Israel to remove it from tithes; Rebbi Jehudah and Rebbi Simeon say, a Gentile may acquire real estate in the Land of Israel to free it from tithes. Rebbi Immi in the name of Rebbi Simeon ben Laqish: The reason of Rebbi Meïr (Lev. 25:46): “You shall transmit them by inheritance to your sons after you, to inherit by the rules of real estate.” This brackets slaves with real estate. Just as you may buy slaves from them but they cannot buy from you, so real estate you may buy from them but they cannot buy from you. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yasa, the following supports Rebbi Meїr (Lev. 25:23): “The land shall not be sold permanently,” absolutely. He said to him, that in itself supports Rebbi Simeon. “It shall not be sold”, because if it was sold, it would be sold absolutely. Rebbi Huna from Sepphoris said, Rebbi Ḥanina instituted in Sepphoris following Rebbi Simeon.
HALAKHAH: “Rebbi Joḥanan ben Guedgedah testified,” etc. Rebbi Ḥananiah asked before Rebbi Immi. His testimony seems reasonable for a hearing woman of sound mind, that she is divorced with or without her acquiescence. But a deaf-mute woman who has no will should not be divorced except with her acquiescence. But is it not testimony “that is an example”; does one add to a testimony? Rebbi Ḥanania is of the opinion that this refers to a hearing girl who was married off by her father (and mother) and became deaf-and-dumb. Rebbi Yose is of the opinion that this refers to an underage girl who was married off by her father (and mother) and became divorced.
Rebbi Joḥanan said, why did they say “an Israel underage girl eats heave,” that all should be eager to marry her for her attractiveness. Rebbi Shammai said, only if she knows how to keep her [valuables given for] preliminary marriage. Rebbi Immi said, a Mishnah said so, “married to a Cohen she eats heave.” Rebbi Ḥananiah said, since Rebbi Joḥanan said, for her attractiveness, that means, even if she does not know how to keep her [valuables given for] preliminary marriage.
Rav Hamnuna in the name of Rebbi Assi: An underage girl has no definitive marriage to let her eat heave. Rebbi Immi said, a Mishnah said so, “married to a Cohen she eats heave.” Rebbi Abin asked: If she was definitively married but had no intercourse, [the husband] sent her to her father’s house and she grew up, may she eat heave? Let us hear from the following: “Based on her earlier definitive marriage.”
A weaver asked Rebbi Immi, what about a Gentile wedding feast? He wanted to permit it to them from this: “Because of peaceful coexistence.” Rebbi Abba told them, did not Rebbi Ḥiyya state that the holiday of a Gentile wedding feast is forbidden? Rebbi Immi said, if it had not been for Rebbi Abba, we would have come to permit their strange worship; praised be He Who separated us from them.
A weaver asked Rebbi Immi, what about a Gentile wedding feast? He wanted to permit it to them from this: “Because of peaceful coexistence.” Rebbi Abba told them, did not Rebbi Ḥiyya state that the holiday of a Gentile wedding feast is forbidden? Rebbi Immi said, if it had not been for Rebbi Abba, we would have come to permit their strange worship; praised be He Who separated us from them.
Rebbi Eleazar said, the Mishnah speaks of a roof with a parapet when it descended lower than the parapet, or one without a parapet when it descended lower than within three handbreadths of the roof, since anything within three handbreadths of the roof is as if it were part of the roof. Rebbi Jacob bar Aḥa, Rebbi Abba bar Hamnuna in the name of Rav Ada bar Aḥawa: This refers to the rules of the Sabbath, where anything within three handbreadths of a partition is considered part of the partition. Rebbi Yasa said, they are not comparable, for bills of divorce are about the top, the rules of the Sabbath about the below. For bills of divorce even if it never came to rest, for the Sabbath only if it rested. Rebbi Immi in the name of Rebbi Joḥanan: Only if it descended to within the partitions. Rebbi Immi asked before Rebbi Joḥanan: Does the Mishnah follow Rebbi, since Rebbi considers partitions as solidly filled up? He said to him, here in the matter of bills of divorce it is everybody’s opinion. Could one not object that Rebbi said, if it is roofed? And you say, it is not roofed? What is the difference between bills of divorce and the Sabbath? Rebbi Abba said, about the Sabbath it is written: “You shall not do any work;” it may make itself automatically. But here “he shall deliver into her hand,” into her domain.
Rebbi Eleazar said, the Mishnah speaks of a roof with a parapet when it descended lower than the parapet, or one without a parapet when it descended lower than within three handbreadths of the roof, since anything within three handbreadths of the roof is as if it were part of the roof. Rebbi Jacob bar Aḥa, Rebbi Abba bar Hamnuna in the name of Rav Ada bar Aḥawa: This refers to the rules of the Sabbath, where anything within three handbreadths of a partition is considered part of the partition. Rebbi Yasa said, they are not comparable, for bills of divorce are about the top, the rules of the Sabbath about the below. For bills of divorce even if it never came to rest, for the Sabbath only if it rested. Rebbi Immi in the name of Rebbi Joḥanan: Only if it descended to within the partitions. Rebbi Immi asked before Rebbi Joḥanan: Does the Mishnah follow Rebbi, since Rebbi considers partitions as solidly filled up? He said to him, here in the matter of bills of divorce it is everybody’s opinion. Could one not object that Rebbi said, if it is roofed? And you say, it is not roofed? What is the difference between bills of divorce and the Sabbath? Rebbi Abba said, about the Sabbath it is written: “You shall not do any work;” it may make itself automatically. But here “he shall deliver into her hand,” into her domain.
HALAKHAH: “Anybody can supplement a bald document,” etc. From where that a document can be knotted? Rebbi Immi said, it is written: “I took the document,” etc. “And [the sealed]”, that is the knotted [document]. “And the open,” that is the simple, part of the knotted. “And the orders and the rules”; orders and rules differ between these, for one is with two {witnesses], the other with three; one in it, the other on its back. Rebbi Abba in the name of Rav Jehudah, on a simple document, the witnesses sign parallel, on a knotted one the witnesses sign lengthwise. Rebbi Idi said, the witnesses sign between any two knots, but it must be on top. But should one not be afraid that maybe he falsifies? Rav Naḥman wanted to argue that witnesses never sign below unless they first read before them: “I X son of Y accept everything written above.” But should one not be afraid that he erased and changed to falsify? Rav Huna is of the opinion that two times “I accept” makes it invalid. But should one not be afraid that he erased and changed to falsify? Does Rav Huna not consider that he might write another text, erase and change to falsify? Rav Huna is of the opinion that an erasure makes invalid even if the correction is certified.
Rebbi Joḥanan said: There is no “she shall be divorced”. Rebbi Immi said, several boxes of cases came before Rebbi Joḥanan and Rebbi Simeon ben Laqish and they said, go and complete following Rebbi Aqiba.
It is written: “His master shall bring him to the judges, or he shall bring him to the door.” How is that? The one who was sold by the court, “his master shall bring him to the judges.” The one who sold himself, “or he shall bring him to the door.” Rebbi Immi asked: It is obvious that the court writes the contract for him who was sold by the court. Who is writing the contract for him who sells himself? It is written: “It shall not be hard in your eyes to send him away free from you; for twice the hire of a hireling he served you for six years.” The hired hand works during the day; he does not work in the night. The Hebrew slave works both day and night. It is written: “He shall not treat him harshly before your eyes,” and you say so? Rebbi Immi in the name of Rebbi Joḥanan: His master marries him to a Canaanite slave; it turns out that he serves him day and night. Rebbi Abba bar Mamai asked before Rebbi Immi: Think of it, if he was buying a Cohen! He answered him: Would the case of an Israel not also be permission of something prohibited following Rebbi Simeon? Rebbi Abba bar Mamai here changed his mind.
It is written: “His master shall bring him to the judges, or he shall bring him to the door.” How is that? The one who was sold by the court, “his master shall bring him to the judges.” The one who sold himself, “or he shall bring him to the door.” Rebbi Immi asked: It is obvious that the court writes the contract for him who was sold by the court. Who is writing the contract for him who sells himself? It is written: “It shall not be hard in your eyes to send him away free from you; for twice the hire of a hireling he served you for six years.” The hired hand works during the day; he does not work in the night. The Hebrew slave works both day and night. It is written: “He shall not treat him harshly before your eyes,” and you say so? Rebbi Immi in the name of Rebbi Joḥanan: His master marries him to a Canaanite slave; it turns out that he serves him day and night. Rebbi Abba bar Mamai asked before Rebbi Immi: Think of it, if he was buying a Cohen! He answered him: Would the case of an Israel not also be permission of something prohibited following Rebbi Simeon? Rebbi Abba bar Mamai here changed his mind.
It is written: “His master shall bring him to the judges, or he shall bring him to the door.” How is that? The one who was sold by the court, “his master shall bring him to the judges.” The one who sold himself, “or he shall bring him to the door.” Rebbi Immi asked: It is obvious that the court writes the contract for him who was sold by the court. Who is writing the contract for him who sells himself? It is written: “It shall not be hard in your eyes to send him away free from you; for twice the hire of a hireling he served you for six years.” The hired hand works during the day; he does not work in the night. The Hebrew slave works both day and night. It is written: “He shall not treat him harshly before your eyes,” and you say so? Rebbi Immi in the name of Rebbi Joḥanan: His master marries him to a Canaanite slave; it turns out that he serves him day and night. Rebbi Abba bar Mamai asked before Rebbi Immi: Think of it, if he was buying a Cohen! He answered him: Would the case of an Israel not also be permission of something prohibited following Rebbi Simeon? Rebbi Abba bar Mamai here changed his mind.
A Mishnah says that slaves follow the rules of real estate. A baraita states, the rules of movables. A baraita states, neither the rules of realestate nor the rules of movables. A Mishnah says that slaves follow the rules of real estate, as we have stated there: “Possession of houses, cisterns, ditches, and caves, bath houses, and dovecots, olive presses, and irrigated fields, and slaves.” A baraita states, slaves do not follow the rules of movables. As it is stated: What is possession of a slave? He tied his shoe for him, or untied his shoe, carried his things to the bath. Rebbi Simeon says, if he lifted him, that is possession. If he lifted his master, there is no stronger possession than this. A statement of the rabbis says that slaves follow the rules of movables. For Rebbi Yose said in the name of rabbis, there is no lien for a gift; one does not collect from slaves as from real estate. Rebbi Mana asked Rebbi Shammai, who are those rabbis? He told him, Rebbi Isaac and Rebbi Immi. A widow took a slave girl. The case came before Rebbi Isaac who said, what she took, she took. Rebbi Immi took her away, for she thought that she was hers but she was not hers. Not of real estate, as it was stated: Real estate and slaves; he took possession of the real estate. If you say that slaves follow the rules of real estate, when he took possession of the real estate he would have taken possession of the slaves, since Rebbi Yasa said in the name of Rebbi Joḥanan: If he had two fields, one in Judea and one in Galilee. If he took possession of the one in Judea with intention to take possession also of that in Galilee, or of the one in Galilee with intention to take possession also of that in Judea, he acquired. Not of movables. If you say that slaves follow the rules of movables, when he took possession of the movables he would have taken possessionof the slaves, since we did state there: “For property that is not guaranteed will cause guaranteed properties to be objects of swearing about them.”
A Mishnah says that slaves follow the rules of real estate. A baraita states, the rules of movables. A baraita states, neither the rules of realestate nor the rules of movables. A Mishnah says that slaves follow the rules of real estate, as we have stated there: “Possession of houses, cisterns, ditches, and caves, bath houses, and dovecots, olive presses, and irrigated fields, and slaves.” A baraita states, slaves do not follow the rules of movables. As it is stated: What is possession of a slave? He tied his shoe for him, or untied his shoe, carried his things to the bath. Rebbi Simeon says, if he lifted him, that is possession. If he lifted his master, there is no stronger possession than this. A statement of the rabbis says that slaves follow the rules of movables. For Rebbi Yose said in the name of rabbis, there is no lien for a gift; one does not collect from slaves as from real estate. Rebbi Mana asked Rebbi Shammai, who are those rabbis? He told him, Rebbi Isaac and Rebbi Immi. A widow took a slave girl. The case came before Rebbi Isaac who said, what she took, she took. Rebbi Immi took her away, for she thought that she was hers but she was not hers. Not of real estate, as it was stated: Real estate and slaves; he took possession of the real estate. If you say that slaves follow the rules of real estate, when he took possession of the real estate he would have taken possession of the slaves, since Rebbi Yasa said in the name of Rebbi Joḥanan: If he had two fields, one in Judea and one in Galilee. If he took possession of the one in Judea with intention to take possession also of that in Galilee, or of the one in Galilee with intention to take possession also of that in Judea, he acquired. Not of movables. If you say that slaves follow the rules of movables, when he took possession of the movables he would have taken possessionof the slaves, since we did state there: “For property that is not guaranteed will cause guaranteed properties to be objects of swearing about them.”
“You are free but your child will be a slave,” her child is like her, the words of Rebbi Yose the Galilean. But the Sages say, he did not do anything. Rebbi Eleazar said, so did Rebbi Hoshaia, the father of the Mishnah, explain: Both are free. Rebbi Immi in the name of Rebbi Joḥanan: Both are slaves. According to Rebbi Joḥanan, it is understandable; there is a disagreement. What is the disagreement following Rebbi Eleazar? But it must be so: His words stand, the words of Rebbi Yose the Galilean. But the Sages say, he did not do anything. What means “he did not do anything”? Rebbi Eleazar said, so did Rebbi Hoshaia, the father of the Mishnah, explain: Both are free. Rebbi Immi in the name of Rebbi Joḥanan: Both are slaves. Following Rebbi, since Rebbi said that a person can free half of his slave.
“You are free but your child will be a slave,” her child is like her, the words of Rebbi Yose the Galilean. But the Sages say, he did not do anything. Rebbi Eleazar said, so did Rebbi Hoshaia, the father of the Mishnah, explain: Both are free. Rebbi Immi in the name of Rebbi Joḥanan: Both are slaves. According to Rebbi Joḥanan, it is understandable; there is a disagreement. What is the disagreement following Rebbi Eleazar? But it must be so: His words stand, the words of Rebbi Yose the Galilean. But the Sages say, he did not do anything. What means “he did not do anything”? Rebbi Eleazar said, so did Rebbi Hoshaia, the father of the Mishnah, explain: Both are free. Rebbi Immi in the name of Rebbi Joḥanan: Both are slaves. Following Rebbi, since Rebbi said that a person can free half of his slave.