ismael

It happened that Elders came together in the house Gadia in Jericho, when a disembodied voice came and said to them: There is among you one man who would be worthy that the Holy Spirit should rest on him, only the generation is not worthy. They all looked at Hillel the Elder. When he died, they said about him, o meek, pious student of Ezra. Again it happened that Elders came together in a second floor at Jabne, when a disembodied voice came and said to them: There is among you one man who would be worthy that the Holy Spirit should rest on him, only the generation is not worthy. They all looked at Samuel Minor. Why was he called Minor? Because he effaced himself. Some say, because he was slightly below Samuel from Ramah. When he died, they said about him o meek, pious student of Hillel the Elder. When he was dying he said: Simeon and Ismael to the sword, the rest of the people to plunder, immense troubles will be. He said that in Aramaic and they did not understand what he was saying. For Rebbi Jehudah ben Baba they intended to say o meek, pious, but the time was torn.

They asked Rebbi Joshua: May a person teach Greek to his son? He said to them, he may teach him at an hour that is neither day nor night as it is written (Jos. 1:8): “You shall meditate about it day and night.” If it is so, a man would be forbidden to teach a profession to his son since it is written: “You shall meditate about it day and night.” But Rebbi Ismael stated (Deut. 30:19): “Choose life!” That refers to a profession. Rebbi Abba, son of Rebbi Ḥiyya bar Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Because of informants. Rebbi Abbahu in the name of Rebbi Joḥanan: A person may teach Greek to his daughter since it is an ornament for her. Simeon bar Abba heard that and said: Because he wants to teach his daughters, he attaches it to Rebbi Joḥanan. It should come over me that I never heard it from Rebbi Joḥanan.

MISHNAH: When Rabban Joḥanan ben Zakkai died, the splendor of wisdom disappeared. When the elder Rabban Gamliel died, the honor of Torah disappeared, purity and self-discipline died. When Ismael ben Phiabi died, the splendor of priesthood died. When Rebbi died, meekness and fear of sin died. When Rebbi Meїr died, the inventors of parables disappeared. When Rebbi Aqiba died, the preachers disappeared. When Ben Azai died, the perseverers disappeared. When Ben Zoma died, the students disappeared. When Rebbi Joshua died, good disappeared from the world When Rebbi Eleazar ben Azariah died, wealth disappeared from the Sages. When Rabban Gamliel died, locusts came and troubles increased. When Rebbi Ḥanina ben Dosa and Yose the small died, piety disappeared. Why was he called Yose of the small room? For he was the concentrate of pious men. Rebbi Phineas ben Yaїr says, after the Temple was destroyed, fellows and freeborn were ashamed and covered their heads, people of [good] deeds shrivelled, strong-armed people and informers became dominant, nobody explains, nobody desires and nobody asks. On whom can we rely? On our Father in Heaven. The great Rebbi Eliezer says, from the day the Temple was destroyed, the Sages were diminished to be like scribes, the scribes like community servants, the community servants like common people; the common people go and degenerate, nobody desires and nobody asks. On whom can we rely? On our Father in Heaven. On the heels of the Messiah impertinence will grow, inflation will lead, the vine will give its fruit but the wine will be expensive, the government will turn heretic, nobody rebukes, the assembly hall will be a brothel, Galilee will be destroyed and Gaulanitis become deserted, frontier dwellers will move from city to city and nobody will have mercy on them, the wisdom of scholars will be defective, those who fear sin will be despised, truth will be absent, young men will insult Elders, Elders will stand before the young, “a son will abuse his father, a daughter rebel against her mother and a daughter-in-law against her mother-in-law, the enemies of a person are his family”, the generation is dog-faced, a son is not ashamed before his father. What do we have to rely on? Our Father in Heaven.

It was stated: The claim of virginity is based on any amount (of blood). It happened that for a certain woman nothing was found except for [a stain the size of] a mustard seed. She came before Rebbi Ismael ben Rebbi Yose, who said to her, there should be many like you in Israel. Rebbi Zachariah the son-in-law of Rebbi Levi: He cursed her, like people who, when they see a blind man, call him “much light”. The colleagues said, he needled her, any woman with little blood has few children. Rebbi Yose said, he praised her, any woman with little blood will not cause impurity to food prepared in purity.

It happened that a baby girl was noticed who had been thrown on a garbage heap. The case came before Rebbi Ismael ben Rebbi Yose, who said, she should be adjoined to dough. Rebbi Jeremiah thought to say, to qualified dough, would Rebbi Ismael ben Rebbi Yose disagree with his father? Rebbi Yose said, even if you say to disqualified dough, Rebbi Ismael ben Rebbi Yose would not disagree with his father. Why? While the qualified whore, only the disqualified throw away.

It happened that a baby girl was noticed who had been thrown on a garbage heap. The case came before Rebbi Ismael ben Rebbi Yose, who said, she should be adjoined to dough. Rebbi Jeremiah thought to say, to qualified dough, would Rebbi Ismael ben Rebbi Yose disagree with his father? Rebbi Yose said, even if you say to disqualified dough, Rebbi Ismael ben Rebbi Yose would not disagree with his father. Why? While the qualified whore, only the disqualified throw away.

It happened that a baby girl was noticed who had been thrown on a garbage heap. The case came before Rebbi Ismael ben Rebbi Yose, who said, she should be adjoined to dough. Rebbi Jeremiah thought to say, to qualified dough, would Rebbi Ismael ben Rebbi Yose disagree with his father? Rebbi Yose said, even if you say to disqualified dough, Rebbi Ismael ben Rebbi Yose would not disagree with his father. Why? While the qualified whore, only the disqualified throw away.

Rebbi Ismael ben Rebbi Yose said, I never testified except once, when I raised a slave to priestly status. Rebbi Isaac Ḥaqula and Rebbi Simeon ben Rebbi, one raised a brother on the testimony of his brother, the other a son on the testimony of his father; one to the priesthood, the other to levitic status. A person came before Rebbi Hila; he said to him, this is my son and he is a Cohen. He answered him, he is your son but he is no Cohen. Rebbi Ḥiyya the elder said to him, if you believe him that he is his son, believe him that he is a Cohen. If you do not believe him that he is his son, do not believe him that he is a Cohen. He answered, he is his son but I say that he is the son of a divorcee or one who had performed ḥalîṣah. Rebbi Abin said, so he said to him: If you believe him that he is his son, believe him that he is a Cohen. If you do not believe him that he is a Cohen, do not believe him that he is his son. In that case, he would be unrelated and trustworthy in his testimony! He answered, he is his son but I say that he is the son of a divorcee or one who had performed ḥalîṣah. Did they not say, Rebbi Isaac Ḥaqula and Rebbi Simeon ben Rebbi, one raised a brother on the testimony of his brother, the other a son on the testimony of his father? Let us say that Rebbi elevated a brother on the testimony of his brother. You may even say, a son on the testimony of his father, to levitic status.

“The seducer only if he divorces her,” etc. Rav Ḥisda said, if he does not want to keep her. But if he decides to keep her, he does not give anything. Rebbi Ismael stated: “He should weigh silver appropriate for the bride-price of virgins”, which indicates that his obligation is for him that of bride-price, and bride-price is the ketubah; as it also says “add for me much bride-price and gifts.”

HALAKHAH: “How does he drink from his pot,” etc. Rebbi Jeremiah, Rebbi Ḥiyya, in the name of Rebbi Simeon ben Laqish: It should not have said “she shall be his wife” for the calumniator; it is superfluous since she already is his! Why does the verse say, “she shall be his wife”? You should infer from this by an equal cut. One has to infer from “she shall be his wife”, “she shall be his”. Since “she shall be his” which is said there means a wife appropriate for him, so “she shall be his” which is said here means a wife appropriate for him. Then since “she shall be his” which is said there means a wife appropriate for him and he pays the fine, so “she shall be his” which is said here means a wife appropriate for him and he pays the fine. Rebbi Ze‘ira, Ulla [ben] Ismael, in the name of Rebbi Eleazar: It should not have said “she shall be his wife” for the calumniator; it is superfluous since she already is his! Why does the verse say, “she shall be his wife”? You should infer from this by an equal cut. One has to infer from “she shall be his wife”, “she shall be his”. Since “she shall be” which is said there means that if he divorced her one tells him to take her back, so “she shall be his” which is said here means that if he divorced her one tells him to take her back. Rebbi Ḥiyya stated: “In the cases of both the rapist and the calumniator who divorced, one forces them to take back. If they were Cohanim they absorb the forty.”

“And they spread out the cloth.” That is all simile. Rebbi Ismael stated: That is one of three verses in the Torah which have been written as simile. “If he gets up and walks outside on his support, the one who hit him is not prosecuted.” Could anybody think that one walks in the market and the other is executed because of him? But what is “on his support”, in his health. “If the sun shone on him, he has blood.” Does the sun shine only on him? But just as the sun is particular that it brings peace to the entire world, so also this one, if one knows that [the other] is at peace with him and he kills him, he is guilty.

Rebbi Ḥanina in the name of Rebbi Ismael ben Rebbi Yose: A wife who leaves because of a bad reputation has no rags; the rebellious one has rags. Rebbi Simon in the name of Rebbi Joshua ben Levi: The rebellious one and the one who leaves because of a bad reputation can claim neither sustenance nor rags.

MISHNAH: If somebody provides for his wife through a third party, he cannot give her less that two qab of wheat or four qab of barley. Rebbi Yose said, only Rebbi Ismael assigned her barley, becaused he lived in proximity of Idumea.

HALAKHAH: “If somebody causes a vow of his wife that she should not adorn herself,” etc. Rav Huna said, so is the Mishnah: “Among the poor if he did not give a time limit.” Ulla bar Ismael said, among the poor if he did not give a time limit; but if he gave a time limit even if it were for ten years it is permitted, for no fox dies if he gets dusty from his lair. Nathan bar Hoshaiah said in the name of Rebbi Joḥanan: Except holidays.

Ulla bar Ismael said, slaves lest they flee, securities and movables lest they be stolen. Rebbi Abba bar Cohen asked before Rebbi Yose: Does this not imply that a slave is redeemed in front of three people? He answered him, yes. He said to him, but did we not state: “Real estate nine persons and a Cohen, and a human by the same rule”? He answered him, the human here is a free person.

Rebbi was very meek and said, all a man might ask from me I am ready to do, except what the Elders of Bathyra did for my ancestor: they divested themselves and appointed him. If Rav Huna, the Head of the Diaspora, came here I would let him sit higher than myself since he is from the tribe of Judah and I am from Benjamin, he is from the male line and I am from the female. Once, the elder Rebbi Ḥiyya visited him and said, Rav Huna is outside. The face of Rebbi became saffron-colored. He [R. Ḥiyya] said to him, it is his coffin. He [Rebbi] said to him, go outside and look who wants you there. He stepped outside and did not find anybody; he understood that he [Rebbi] was angry with him. He did not visit him again for thirty days. Rebbi Yose bar Abun said, in those thirty days did Rav learn from him [R. Ḥiyya] the principles of Torah. At the end of thirteen years and thirty days, Elijah visited him [Rebbi] in the likeness of the older Rebbi Ḥiyya. He said to him, how does my lord feel? He said to him, one tooth hurts me. He said to him, show it to me. He showed it to him, he put his finger on it and it was healed. The next day, the older Rebbi Ḥiyya came to him and asked him, how does Rebbi feel, what is with that tooth? He said to him, from the moment that you put your finger on it, it was healed. At that moment, he said, woe on you, lying-in women of the Land of Israel, woe on you, pregnant women of the Land of Israel! He [R. Ḥiyya] said to him, that was not me. From that moment on, he [Rebbi] treated him with honor. When he [Rebbi] went to the assembly hall, he said, may the older Rebbi Ḥiyya come inside. Rebbi Ismael ben Rebbi Yose asked, closer than me? He said, beware! The older Rebbi Ḥiyya inside, and Rebbi Ismael ben Rebbi Yose innermost. Rebbi used to state the praises of the older Rebbi Ḥiyya before Rebbi Ismael ben Rebbi Yose. {Once, he [R. Ismael ben R. Yose] saw him [R. Ḥiyya] in the bathhouse and he did not show him reverence. He [R. Ismael ben R. Yose] said to him [Rebbi], is that the one of whom you state praises? He said, what did he do to you? He said, I saw him in the bathhouse and he did not show me reverence.} He [Rebbi] said to him [R. Ḥiyya], why did you do that? He said to him, so much should come over me if I realized that I was washing myself, at that time my eyes were occupied with the allegorical interpretation of the entire book of Psalms. From that moment on, he [Rebbi] appointed two students to accompany him [R. Ḥiyya] because of the danger.

Rebbi was very meek and said, all a man might ask from me I am ready to do, except what the Elders of Bathyra did for my ancestor: they divested themselves and appointed him. If Rav Huna, the Head of the Diaspora, came here I would let him sit higher than myself since he is from the tribe of Judah and I am from Benjamin, he is from the male line and I am from the female. Once, the elder Rebbi Ḥiyya visited him and said, Rav Huna is outside. The face of Rebbi became saffron-colored. He [R. Ḥiyya] said to him, it is his coffin. He [Rebbi] said to him, go outside and look who wants you there. He stepped outside and did not find anybody; he understood that he [Rebbi] was angry with him. He did not visit him again for thirty days. Rebbi Yose bar Abun said, in those thirty days did Rav learn from him [R. Ḥiyya] the principles of Torah. At the end of thirteen years and thirty days, Elijah visited him [Rebbi] in the likeness of the older Rebbi Ḥiyya. He said to him, how does my lord feel? He said to him, one tooth hurts me. He said to him, show it to me. He showed it to him, he put his finger on it and it was healed. The next day, the older Rebbi Ḥiyya came to him and asked him, how does Rebbi feel, what is with that tooth? He said to him, from the moment that you put your finger on it, it was healed. At that moment, he said, woe on you, lying-in women of the Land of Israel, woe on you, pregnant women of the Land of Israel! He [R. Ḥiyya] said to him, that was not me. From that moment on, he [Rebbi] treated him with honor. When he [Rebbi] went to the assembly hall, he said, may the older Rebbi Ḥiyya come inside. Rebbi Ismael ben Rebbi Yose asked, closer than me? He said, beware! The older Rebbi Ḥiyya inside, and Rebbi Ismael ben Rebbi Yose innermost. Rebbi used to state the praises of the older Rebbi Ḥiyya before Rebbi Ismael ben Rebbi Yose. {Once, he [R. Ismael ben R. Yose] saw him [R. Ḥiyya] in the bathhouse and he did not show him reverence. He [R. Ismael ben R. Yose] said to him [Rebbi], is that the one of whom you state praises? He said, what did he do to you? He said, I saw him in the bathhouse and he did not show me reverence.} He [Rebbi] said to him [R. Ḥiyya], why did you do that? He said to him, so much should come over me if I realized that I was washing myself, at that time my eyes were occupied with the allegorical interpretation of the entire book of Psalms. From that moment on, he [Rebbi] appointed two students to accompany him [R. Ḥiyya] because of the danger.

Rebbi was very meek and said, all a man might ask from me I am ready to do, except what the Elders of Bathyra did for my ancestor: they divested themselves and appointed him. If Rav Huna, the Head of the Diaspora, came here I would let him sit higher than myself since he is from the tribe of Judah and I am from Benjamin, he is from the male line and I am from the female. Once, the elder Rebbi Ḥiyya visited him and said, Rav Huna is outside. The face of Rebbi became saffron-colored. He [R. Ḥiyya] said to him, it is his coffin. He [Rebbi] said to him, go outside and look who wants you there. He stepped outside and did not find anybody; he understood that he [Rebbi] was angry with him. He did not visit him again for thirty days. Rebbi Yose bar Abun said, in those thirty days did Rav learn from him [R. Ḥiyya] the principles of Torah. At the end of thirteen years and thirty days, Elijah visited him [Rebbi] in the likeness of the older Rebbi Ḥiyya. He said to him, how does my lord feel? He said to him, one tooth hurts me. He said to him, show it to me. He showed it to him, he put his finger on it and it was healed. The next day, the older Rebbi Ḥiyya came to him and asked him, how does Rebbi feel, what is with that tooth? He said to him, from the moment that you put your finger on it, it was healed. At that moment, he said, woe on you, lying-in women of the Land of Israel, woe on you, pregnant women of the Land of Israel! He [R. Ḥiyya] said to him, that was not me. From that moment on, he [Rebbi] treated him with honor. When he [Rebbi] went to the assembly hall, he said, may the older Rebbi Ḥiyya come inside. Rebbi Ismael ben Rebbi Yose asked, closer than me? He said, beware! The older Rebbi Ḥiyya inside, and Rebbi Ismael ben Rebbi Yose innermost. Rebbi used to state the praises of the older Rebbi Ḥiyya before Rebbi Ismael ben Rebbi Yose. {Once, he [R. Ismael ben R. Yose] saw him [R. Ḥiyya] in the bathhouse and he did not show him reverence. He [R. Ismael ben R. Yose] said to him [Rebbi], is that the one of whom you state praises? He said, what did he do to you? He said, I saw him in the bathhouse and he did not show me reverence.} He [Rebbi] said to him [R. Ḥiyya], why did you do that? He said to him, so much should come over me if I realized that I was washing myself, at that time my eyes were occupied with the allegorical interpretation of the entire book of Psalms. From that moment on, he [Rebbi] appointed two students to accompany him [R. Ḥiyya] because of the danger.

Rebbi was very meek and said, all a man might ask from me I am ready to do, except what the Elders of Bathyra did for my ancestor: they divested themselves and appointed him. If Rav Huna, the Head of the Diaspora, came here I would let him sit higher than myself since he is from the tribe of Judah and I am from Benjamin, he is from the male line and I am from the female. Once, the elder Rebbi Ḥiyya visited him and said, Rav Huna is outside. The face of Rebbi became saffron-colored. He [R. Ḥiyya] said to him, it is his coffin. He [Rebbi] said to him, go outside and look who wants you there. He stepped outside and did not find anybody; he understood that he [Rebbi] was angry with him. He did not visit him again for thirty days. Rebbi Yose bar Abun said, in those thirty days did Rav learn from him [R. Ḥiyya] the principles of Torah. At the end of thirteen years and thirty days, Elijah visited him [Rebbi] in the likeness of the older Rebbi Ḥiyya. He said to him, how does my lord feel? He said to him, one tooth hurts me. He said to him, show it to me. He showed it to him, he put his finger on it and it was healed. The next day, the older Rebbi Ḥiyya came to him and asked him, how does Rebbi feel, what is with that tooth? He said to him, from the moment that you put your finger on it, it was healed. At that moment, he said, woe on you, lying-in women of the Land of Israel, woe on you, pregnant women of the Land of Israel! He [R. Ḥiyya] said to him, that was not me. From that moment on, he [Rebbi] treated him with honor. When he [Rebbi] went to the assembly hall, he said, may the older Rebbi Ḥiyya come inside. Rebbi Ismael ben Rebbi Yose asked, closer than me? He said, beware! The older Rebbi Ḥiyya inside, and Rebbi Ismael ben Rebbi Yose innermost. Rebbi used to state the praises of the older Rebbi Ḥiyya before Rebbi Ismael ben Rebbi Yose. {Once, he [R. Ismael ben R. Yose] saw him [R. Ḥiyya] in the bathhouse and he did not show him reverence. He [R. Ismael ben R. Yose] said to him [Rebbi], is that the one of whom you state praises? He said, what did he do to you? He said, I saw him in the bathhouse and he did not show me reverence.} He [Rebbi] said to him [R. Ḥiyya], why did you do that? He said to him, so much should come over me if I realized that I was washing myself, at that time my eyes were occupied with the allegorical interpretation of the entire book of Psalms. From that moment on, he [Rebbi] appointed two students to accompany him [R. Ḥiyya] because of the danger.

Rebbi was very meek and said, all a man might ask from me I am ready to do, except what the Elders of Bathyra did for my ancestor: they divested themselves and appointed him. If Rav Huna, the Head of the Diaspora, came here I would let him sit higher than myself since he is from the tribe of Judah and I am from Benjamin, he is from the male line and I am from the female. Once, the elder Rebbi Ḥiyya visited him and said, Rav Huna is outside. The face of Rebbi became saffron-colored. He [R. Ḥiyya] said to him, it is his coffin. He [Rebbi] said to him, go outside and look who wants you there. He stepped outside and did not find anybody; he understood that he [Rebbi] was angry with him. He did not visit him again for thirty days. Rebbi Yose bar Abun said, in those thirty days did Rav learn from him [R. Ḥiyya] the principles of Torah. At the end of thirteen years and thirty days, Elijah visited him [Rebbi] in the likeness of the older Rebbi Ḥiyya. He said to him, how does my lord feel? He said to him, one tooth hurts me. He said to him, show it to me. He showed it to him, he put his finger on it and it was healed. The next day, the older Rebbi Ḥiyya came to him and asked him, how does Rebbi feel, what is with that tooth? He said to him, from the moment that you put your finger on it, it was healed. At that moment, he said, woe on you, lying-in women of the Land of Israel, woe on you, pregnant women of the Land of Israel! He [R. Ḥiyya] said to him, that was not me. From that moment on, he [Rebbi] treated him with honor. When he [Rebbi] went to the assembly hall, he said, may the older Rebbi Ḥiyya come inside. Rebbi Ismael ben Rebbi Yose asked, closer than me? He said, beware! The older Rebbi Ḥiyya inside, and Rebbi Ismael ben Rebbi Yose innermost. Rebbi used to state the praises of the older Rebbi Ḥiyya before Rebbi Ismael ben Rebbi Yose. {Once, he [R. Ismael ben R. Yose] saw him [R. Ḥiyya] in the bathhouse and he did not show him reverence. He [R. Ismael ben R. Yose] said to him [Rebbi], is that the one of whom you state praises? He said, what did he do to you? He said, I saw him in the bathhouse and he did not show me reverence.} He [Rebbi] said to him [R. Ḥiyya], why did you do that? He said to him, so much should come over me if I realized that I was washing myself, at that time my eyes were occupied with the allegorical interpretation of the entire book of Psalms. From that moment on, he [Rebbi] appointed two students to accompany him [R. Ḥiyya] because of the danger.

It happened that Rebbi Ismael allotted sustenance to a woman in the markets of Sepphoris. What means “in the markets”? From the markets. Rebbi heard this and said, who told him that he did not send her? Who told me that he did not leave for her? Do the passers-by know? Rebbi Hila said, this is what Rebbi asked: Rebbi is of the opinion that the Mishnah does not speak of a married woman but of a widow. He said, Samuel and Rebbi Simeon ben Laqish both say, the Mishnah deals with a widow. It was stated in the House of Rebbi thus: “If somebody left for overseas and his wife demands sustenance.” They wanted to say, for him who says, the Mishnah speaks of a married woman, “in the beginning” that he did not send her, “in the end” that she did not put aside and did not act dishonestly. For him who says, the Mishnah speaks of a widow, “in the beginning” that he did not leave for her, “in the end” that she did not put aside and did not act dishonestly. Samuel, Rebbi Berekhiah’s brother, said, that she did not renounce her ketubah in the orphans’ favor.

Is not the property of the finder forbidden to the owner of the cow? Ulla bar Ismael in the name of Rebbi Isaac: If each man’s property was forbidden to the other.

HALAKHAH: “All substitute names of vows are like vows,” etc. It is written “Any person who vows,” why does the verse say “a vow”? From here that substitute names of vows are like vows. “Or he swears,” why does the verse say “an oath”? From here that substitute names of oaths are like oaths. “But any ban,” why does the verse say “which he bans”? From here that substitute names of bans are like bans. “A vow of nazir”, why does the verse say “to be a nazir”? From here that substitute names of nazir vows are like nazir vows. So far for Rebbi Aqiba who says that these are expressions of additions. For Rebbi Ismael who said, these are double expressions in the normal style of the Torah, “going you went, desiring you desired, by stealing I was stolen”, from where? “ Any person who vows a vow to the Eternal or swears an oath to forbid a prohibition on himself shall not profane his word,” why does the verse say “he must fulfill anything coming out of his mouth”? From here that substitute names of vows are like vows and substitute names of oaths are like oaths. And from where that substitute names of bans are like bans? “A vow, a vow”. Since “a vow” at one place means that substitute names of vows are like vows and substitute names of oaths are like oaths, “a vow” at the other place means that substitute names of bans are like bans. And from where that substitute names of being a nazir are like being a nazir? “A vow, a vow”. Since “a vow” at one place means that substitute names of oaths are like oaths, “a vow” at the other place means that substitute names of being a nazir are like being a nazir.

How does Rebbi Aqiba explain “he must fulfill anything coming out of his mouth”? From here that if part of a vow is invalid, all of it is invalid. Does Rebbi Ismael not agree with this? Everything derives from there. It follows from there that substitute names of vows are like vows and substitute names of oaths are like oaths and it follows from there that if part of a vow is invalid, all of it is invalid. How does Rebbi Ismael explain “any person who vows a vow of nazir”? From there that a person can obligate himself as nazir while he currently is a nazir. Does Rebbi Aqiba not agree with this? He agrees and everything derives from there. He agrees that from there a person can obligate himself as nazir while he currently is a nazir.

How does Rebbi Aqiba explain “he must fulfill anything coming out of his mouth”? From here that if part of a vow is invalid, all of it is invalid. Does Rebbi Ismael not agree with this? Everything derives from there. It follows from there that substitute names of vows are like vows and substitute names of oaths are like oaths and it follows from there that if part of a vow is invalid, all of it is invalid. How does Rebbi Ismael explain “any person who vows a vow of nazir”? From there that a person can obligate himself as nazir while he currently is a nazir. Does Rebbi Aqiba not agree with this? He agrees and everything derives from there. He agrees that from there a person can obligate himself as nazir while he currently is a nazir.

“That is more restrictive for oaths than for vows. What is more restrictive for vows than for oaths?” “Or a person who swears to lightly express with his lips for bad or for good.” Just as doing good is a matter of choice, so doing bad is a matter of choice; that excludes any prohibition which is a commandment. They wanted to say, inadvertently, but not intentionally. It was found stated: Rebbi Ismael says, “anything that comes out of his mouth he shall do,” not what comes out of Heaven’s mouth. Should we say that this is the same for vows of sanctification? Rebbi Yose in the name of Rebbi Hila: For a man may vow his sukkah to Heaven.

If he transgressed and offered [a vow], how is that in the opinion of the House of Shammai? Let us hear from the following: “The House of Shammai say, his wife is permitted but his children are forbidden.” That means, if he transgressed and offered [a vow], in the opinion of the House of Shammai he is permitted. They wanted to say, vows but not oaths. It was found stated: Rebbi Ismael says, “do not swear falsely in My Name,” you may swear to assessors and to people who condemn property and to toll collectors.

HALAKHAH: “One who makes a vow away from the seafaring men,” etc. That you should not say, not from those who go from Acco to Jaffa but those who frequently take to the sea. “From the dwellers on dry land he is forbidden the seafaring men,” not only those who go from Acco to Jaffa but even those who frequently take to the sea. But did he not make a vow regarding the dwellers on dry land? This implies that the seafaring men are part of the dwellers on dry land. If he made a vow away from the seafaring men after thirty days but [a certain mariner] became a land dweller, there is a dispute between Rebbi Ismael and Rebbi Aqiba. For Rebbi Ismael says, after the vow, and Rebbi Aqiba says, after the prohibition. And about children it is a problem.

HALAKHAH: “One who makes a vow away from the seafaring men,” etc. That you should not say, not from those who go from Acco to Jaffa but those who frequently take to the sea. “From the dwellers on dry land he is forbidden the seafaring men,” not only those who go from Acco to Jaffa but even those who frequently take to the sea. But did he not make a vow regarding the dwellers on dry land? This implies that the seafaring men are part of the dwellers on dry land. If he made a vow away from the seafaring men after thirty days but [a certain mariner] became a land dweller, there is a dispute between Rebbi Ismael and Rebbi Aqiba. For Rebbi Ismael says, after the vow, and Rebbi Aqiba says, after the prohibition. And about children it is a problem.

HALAKHAH: “A qônām that I shall not enjoy from the descendants of Noah; he is permitted Jews and forbidden Gentiles. That I shall not enjoy from the descendants of Abraham; he is forbidden Jews and permitted Gentiles,” etc. Is Ismael not part of Abraham’s seed? “ For in Isaac will be called your seed.” And is not Esaw part of Isaac’s seed? Rebbi Yudan bar Shalom said, “in Isaac,” in part of Isaac. Rebbi Huna said, “ב” are two, the son who will be inheriting two worlds, this world and the world to come. Rebbi Gershom in the name of Rebbi Aḥa, “ a star did step out from Jacob,” from whom did a star step out and will appear in the future? From Jacob! Rebbi Aḥa in the name of Rebbi Ḥuna: In the future world, evil Esaw will put on his prayer shawl and sit with the Just in Paradise, but the Holy One, Praise to Him, draws him away. Why? “ If you climb as high as an eagle or if you would make your nest between stars, from there I would take you down, says the Lord.” But “stars” are only the Just. As you say, “those who justify the many are like stars, eternally.”

MISHNAH: A qônām that I shall not enjoy from the uncircumcized, he is permitted uncircumcized Jews and forbidden circumcized peoples of the world. That I shall not enjoy from the circumcized, he is forbidden uncircumcized Jews and permitted circumcized peoples of the world, since the prepuce is simply a name for Gentiles as it was said: “For all Gentiles are uncircumcized and all the House of Israel are uncircumcised of heart.” Rebbi Ismael says, circumcision is great, for its covenant was concluded thirteenfold. Rebbi Yose says, circumcision is great, for it pushes aside the stringencies of the Sabbath. Rebbi Joshua ben Qorḥa says, circumcision is great, for it was not suspended even one hour for Moses the Just. Rebbi Neḥemiah says, Rebbi Yose says, circumcision is great, for it pushes aside skin disease. Rebbi says, circumcision is great, for with all the commandments which Abraham fulfilled he was not called whole until he circumcized himself as it is written: “Walk before me and be perfect.” Another word: Circumcision is great, for without it the Holy One, praise to Him, would not have created his world as it is said: “So says the Eternal, if it were not for my covenant day and night, I would not have put in place the laws of heaven and earth.” Another word: Circumcision is great, for it is weighty corresponding to all other commandments of the Torah, as it is said: “Behold the blood of the covenant which the Eternal concluded with you about all these words.”

Is not the property of the finder forbidden to the owner of the cow? Ulla bar Ismael in the name of Rebbi Isaac: If each man’s property was forbidden to the other.

It is written: “Behold, I taught you laws and rules.” Just as I did it for free, so you have to do it for free. One could think the same is true for Bible and translations? The verse says laws and rules. You have to teach laws and rules for free; you do not have to teach Bible and translations for free. But do we not see that the baraita teachers take their fees? Rebbi Yudan, the son of Rebbi Ismael, said: They take payment for lost time.

“When they sanctified the year at Usha, on the first day Rebbi Ismael, the son of Rebbi Joḥanan ben Baroqa, led and recited following the opinion of Rebbi Joḥanan ben Nuri. Rabban Simeon ben Gamliel said, we did not follow this at Jabneh. On the second day, Rebbi Ḥananiah, the son of Rebbi Yose the Galilean led and recited following the opinion of Rebbi Aqiba. Rabban Simeon ben Gamliel said, this we did follow at Jabneh.” But does this not mean that they sanctified it on the first and the second day? Rebbi Zeїra in the name of Rav Ḥisda: That year was disorganized. What is “the first, the second”? Rebbi Abun in the name of Rav: The first year, the second year! But was it not stated: the first day, the second day?

MISHNAH: ‘A qônām that I shall not marry the ugly Miss X, and she is beautiful, black and she is white, short and she is tall, he is permitted. Not because she was ugly and became beautiful, black and she became white, short and she became tall, but because the vow was erroneous. It happened that one made a vow renouncing benefit from his sister’s daughter. They brought her to Rebbi Ismael’s house and gave her a beauty treatment. Rebbi Ismael asked him, did you make your vow about this one? He said no, and Rebbi Ismael dissolved it. At that moment, Rebbi Ismael cried and said, the daughters of Israel are beautiful, but poverty disfigures them.

MISHNAH: ‘A qônām that I shall not marry the ugly Miss X, and she is beautiful, black and she is white, short and she is tall, he is permitted. Not because she was ugly and became beautiful, black and she became white, short and she became tall, but because the vow was erroneous. It happened that one made a vow renouncing benefit from his sister’s daughter. They brought her to Rebbi Ismael’s house and gave her a beauty treatment. Rebbi Ismael asked him, did you make your vow about this one? He said no, and Rebbi Ismael dissolved it. At that moment, Rebbi Ismael cried and said, the daughters of Israel are beautiful, but poverty disfigures them.

MISHNAH: ‘A qônām that I shall not marry the ugly Miss X, and she is beautiful, black and she is white, short and she is tall, he is permitted. Not because she was ugly and became beautiful, black and she became white, short and she became tall, but because the vow was erroneous. It happened that one made a vow renouncing benefit from his sister’s daughter. They brought her to Rebbi Ismael’s house and gave her a beauty treatment. Rebbi Ismael asked him, did you make your vow about this one? He said no, and Rebbi Ismael dissolved it. At that moment, Rebbi Ismael cried and said, the daughters of Israel are beautiful, but poverty disfigures them.

MISHNAH: ‘A qônām that I shall not marry the ugly Miss X, and she is beautiful, black and she is white, short and she is tall, he is permitted. Not because she was ugly and became beautiful, black and she became white, short and she became tall, but because the vow was erroneous. It happened that one made a vow renouncing benefit from his sister’s daughter. They brought her to Rebbi Ismael’s house and gave her a beauty treatment. Rebbi Ismael asked him, did you make your vow about this one? He said no, and Rebbi Ismael dissolved it. At that moment, Rebbi Ismael cried and said, the daughters of Israel are beautiful, but poverty disfigures them.

MISHNAH: And when Rebbi Ismael died the daughters of Israel did sing a dirge and say, ‘Daughters of Israel, cry about Rebbi Ismael’, as it is said about Saul: ‘Daughters of Israel, cry about Saul, etc.’

MISHNAH: And when Rebbi Ismael died the daughters of Israel did sing a dirge and say, ‘Daughters of Israel, cry about Rebbi Ismael’, as it is said about Saul: ‘Daughters of Israel, cry about Saul, etc.’

HALAKHAH: “And when Rebbi Ismael died,” etc. It is written, ““Daughters of Israel, cry about Saul, etc.” Rebbi Jehudah and Rebbi Neḥemiah. One said, really daughters of Israel. For their husbands went to war and he provided them with food. Why does the verse say “who puts a golden jewel on your garments”? Jewellery looks good only on a supple body. The other one said, “the daughters of Israel” means the builders of Israel, the councils of Israel. When he saw a group of fellows, he gave them to eat and drink. What does the verse mean by “who puts a golden jewel on your garments”? That he heard the reason for a practice from a Sage and praised him.

HALAKHAH: Some Tannaïm state: “He shall confirm it”, even partially, “he shall dissolve it”, even partially. Some Tannaïm state: “He shall confirm it”, totally, “he shall dissolve it”, totally. Some Tannaïm state: “He shall confirm it”, even partially, “he shall dissolve it”, totally. Some Tannaïm state: “He shall confirm it”, totally, “he shall dissolve it”, even partially. The Mishnah follows him who said, “he shall confirm it”, even partially, “he shall dissolve it”, totally. As we have stated: “If he confirmed for the figs he confirmed everything. If he dissolved for figs it is not dissolved unless he also dissolves for grapes.” If she said, a qônām that I shall not taste a fig nor a grape berry, that is a matter of difference between Rebbi Ismael and Rebbi Aqiba since Rebbi Ismael says, the vow decides, and Rebbi Aqiba says, the prohibition decides.

HALAKHAH: Some Tannaïm state: “He shall confirm it”, even partially, “he shall dissolve it”, even partially. Some Tannaïm state: “He shall confirm it”, totally, “he shall dissolve it”, totally. Some Tannaïm state: “He shall confirm it”, even partially, “he shall dissolve it”, totally. Some Tannaïm state: “He shall confirm it”, totally, “he shall dissolve it”, even partially. The Mishnah follows him who said, “he shall confirm it”, even partially, “he shall dissolve it”, totally. As we have stated: “If he confirmed for the figs he confirmed everything. If he dissolved for figs it is not dissolved unless he also dissolves for grapes.” If she said, a qônām that I shall not taste a fig nor a grape berry, that is a matter of difference between Rebbi Ismael and Rebbi Aqiba since Rebbi Ismael says, the vow decides, and Rebbi Aqiba says, the prohibition decides.

HALAKHAH: “The vow of a widow or a divorcee,” etc. This refers to what Rebbi Ismael says, the vow decides; Rebbi Aqiba says, prohibition decides. If vow and prohibition came together? How is that? She said, I shall be a nazir in 30 days. Her husband heard it and did not dissolve. He divorced her and remarried her within the 30 days. Is that when vow and prohibition come together?

HALAKHAH: “All substitute names for nazir vows are like nazir vows,” etc. “All substitute names for vows are like vows,” etc. It is written “Any person who vows,” why does the verse say “a vow”? From here that substitute names for vows are like vows. “Or he swears,” why does the verse say “an oath”? From here that substitute names for oaths are like oaths. One reads that at the start of the first Chapter of Nedarim, up to: Rebbi Ismael stated: “any person who vows a vow of nazir”. From there that a person can obligate himself as nazir while he currently is a nazir.

Rav said: “I am a nazir for 30 days and one day,” he is a nazir twice since he could have said “31 days”. The Mishnah disagrees with Rav: “I shall be a nazir [and] one day, I shall be a nazir [and] one hour, I shall be a nazir one and a half times, he is a nazir two times.” What could he have said, “30, and an hour”? A baraita disagrees with the rabbis: Rebbi Ismael and Rebbi Aqiba did not disagree about one who said, “I am a nazir 30 days and one day,” that he is a nazir only once. Where do they disagree? About one who said, “I am a nazir 30 days and in addition one day,” where Rebbi Ismael said, he is a nazir twice, but Rebbi Aqiba said, he is a nazir only once.

Rav said: “I am a nazir for 30 days and one day,” he is a nazir twice since he could have said “31 days”. The Mishnah disagrees with Rav: “I shall be a nazir [and] one day, I shall be a nazir [and] one hour, I shall be a nazir one and a half times, he is a nazir two times.” What could he have said, “30, and an hour”? A baraita disagrees with the rabbis: Rebbi Ismael and Rebbi Aqiba did not disagree about one who said, “I am a nazir 30 days and one day,” that he is a nazir only once. Where do they disagree? About one who said, “I am a nazir 30 days and in addition one day,” where Rebbi Ismael said, he is a nazir twice, but Rebbi Aqiba said, he is a nazir only once.

Ulla bar Ismael said, what is his problem? Of an impure nazir. But for a pure nazir, even Rebbi Eliezer agrees if he has nothing to omit. Samuel bar Abba asked: May one day of his nezirut and one day of nezirut for his son be combined? Where do we hold? If his son was born today and tomorrow he enters, he has two days for his nezirut. If his son was born the next day and he enters the next day, he has two days for his son’s nezirut! Rebbi Mana said, explain it at twilight. Rebbi Abin said, even if you say in the middle of the day, did we not intend to say that the start of the day is counted for him, the end of the day is counted for his son?

It was stated: “Rebbi Ismael and Rebbi Aqiba do not disagree about a person about whom two groups of witnesses testify, that he should be nazir according to the minimal testimony. Where do they disagree? About two witnesses, where the House of Shammai say, the testimony is split and there is no nezirut, but the House of Hillel say, five contains two and he shall be a nazir twice.”

Rebbi Abba bar Aḥa said: The reason of Rebbi Eleazar ben Azariah is because of a creature. But it was stated: “Skins and seeds,” to include the third [kind] between them. But was it not stated in the name of Rebbi Eliezer: “From anything made from the wine-vine”, leaves and twigs are also understood? Rebbi Eliezer parallels Rebbi Ismael, since Rebbi Ismael said, [if you have] a principle and a detail, everything is included in the principle. And more than that, since Rebbi Ismael said, with a principle and a detail, everything is included in the principle; why are “skins and seeds” said? To include the third [kind] in between.

Rebbi Abba bar Aḥa said: The reason of Rebbi Eleazar ben Azariah is because of a creature. But it was stated: “Skins and seeds,” to include the third [kind] between them. But was it not stated in the name of Rebbi Eliezer: “From anything made from the wine-vine”, leaves and twigs are also understood? Rebbi Eliezer parallels Rebbi Ismael, since Rebbi Ismael said, [if you have] a principle and a detail, everything is included in the principle. And more than that, since Rebbi Ismael said, with a principle and a detail, everything is included in the principle; why are “skins and seeds” said? To include the third [kind] in between.

Rebbi Abba bar Aḥa said: The reason of Rebbi Eleazar ben Azariah is because of a creature. But it was stated: “Skins and seeds,” to include the third [kind] between them. But was it not stated in the name of Rebbi Eliezer: “From anything made from the wine-vine”, leaves and twigs are also understood? Rebbi Eliezer parallels Rebbi Ismael, since Rebbi Ismael said, [if you have] a principle and a detail, everything is included in the principle. And more than that, since Rebbi Ismael said, with a principle and a detail, everything is included in the principle; why are “skins and seeds” said? To include the third [kind] in between.

MISHNAH: An unspecified nezirut is thirty days. If he shaved, or robbers shaved him, he starts again for thirty. A nazir who shaved any [hair], whether with scissors or razor knife, or cropped, is guilty. A nazir may wash his head and separate his hair but may not comb. Rebbi Ismael says, he cannot wash his hair with powder because that removes hair.

HALAKHAH: Rebbi Joḥanan said, who is the Tanna of “when he had shaved, before he shaved”? Rebbi Eliezer! But for the rabbis it would be before the blood was sprinkled for him. Ulla bar Ismael in the name of Rebbi Eleazar: What is Rebbi Eliezer’s reason? “The nazir shall shave the hair of his crowned head.” The Torah made his nezirut dependent on his hair.

Everybody agrees that if [the husband] comes and protests, his protest is invalid. That is, if he protested after she remarried. If he protested before she remarried and then she remarried? Let us hear from the following: It happened that somebody brought a bill of divorce before Rebbi Ismael. He asked him, from where are you? He answered, from Kefar Simai in the region of Acco. He said to him, then you have to say, “it was written and signed in my presence;” you do not need witnesses. After [that person] left, Rebbi Ilai said to him, my teacher, is not Kefar Simai in the Land of Israel, closer to Sepphoris than to Acco? He answered, since the matter was resolved in a permissive way; it stands. What means “since the matter was resolved in a permissive way; it stands”? Rebbi Ze‘ira said, that if [the husband] came and protested, his protest would be invalid. But does a person who brings a bill of divorce from the Land of Israel for delivery in the Land of Israel have to say, “it was written and signed in my presence”? Therefore, there cannot be any difference whether he protested after she remarried or before she remarried and then she remarried.

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.

If a convert died and Jews plundered his property, if there were slaves, either adult or underage, they gain their freedom. Abba Shaul said, the adults gain their freedom, the minors do not become free. Why? They are no longer property after their owner’s death. Then even adults? Rebbi Abba said, since adults are competent to acquire themselves, they gain their freedom. Minors, who are not competent to acquire for themselves, do not gain their freedom. Rebbi Joshua ben Levi said, practice follows Abba Shaul. The opinions of Rebbi Joshua ben Levi are contradictory. There, Rebbi Simon in the name of Rebbi Joshua ben Levi and Rebbi Yossi ben Shaul in the name of Rebbi said: A person who has given up hope to recover his slave is not entitled to enslave him. They said, what Rebbi Joshua said about enslaving, if he did not give, he did not give; perhaps practice would be to enslave him, therefore he has to write him a bill of manumission. And here, he says so! We heard that Rebbi Joḥanan said, Rebbi Joshua ben Levi taught us that correctly, perhaps practice follows Abba Shaul. The slave girl of Rabba bar Zuṭra ran away and he gave up hope to recover her. He went to ask Rebbi Ḥanina and Rebbi Joshua ben Levi. They said, he is not entitled to enslave her. How is it to write her a bill of manumission? They said to him, if you wrote, you did the right thing. Rebbi Ḥanina in the name of Rebbi Ismael ben Rebbi Yose: A slave who married as a free person in the presence of his master gained his freedom. Rebbi Joḥanan said, yesterday I was sitting and formulating: If somebody writes a document of preliminary marriage for his slave or a document of definitive marriage for his girl slave, Rebbi says, they acquired, but the Sages say, they did not acquire. The first Tanna follows Rebbi: he acquired.

“The best of his field and the best of his vineyard he shall pay,” i. e., the party responsible for the damage, the words of Rebbi Ismael. Rebbi Aqiba says, “the best of his field and the best of his vineyard”, of the person suffering the damage. It is difficult for Rebbi Aqiba, he suffered damage, and you say so? But the court see what the field was worth before it was damaged and estimates accordingly. As it was stated, it is possible if the grazing was on best quality land, one estimates from best quality, from lowest quality one estimates from lowest quality. How is this? The best of the lowest quality is quite good. If you say so you provide a windfall for the person suffering the damage. One looks at the field as if it was full of first quality [produce] and estimates for him from the best quality land; least quality one estimates from least quality land. It turns out that he pays with best quality for best quality and from least quality for least quality. From where has Rebbi Aqiba that “for tort victims one estimates with best quality land”? It is not from the Torah, it is a decree. “Why did they say, ‘for tort victims one estimates with best quality land’? Because of the robbers. That a man should say, why should I have robbed [land] in my hand, or land subject to a suit for damages on my hand? Tomorrow, the court will see my good field, take it from me, and support it by the verse, ‘the best of his field and the best of his vineyard he shall pay.’ ” So far his real estate. His pledge was inferred from his real estate. Since his real estate [is taken] from the best quality, also his pledge [is taken] from the best.

Rebbi Simai preached: “And the man,” that is the agent of the court. For if the creditor enters, he removes the best. If the borrower enters, he removes the worst. How is this? The agent of the court enters and removes from average quality. Rebbi Ismael says, it is a word from the Torah that the creditor should enter, for it is written: “The man whose creditor you are should bring the pledge out for you.” That is, his pledge. His real estate was inferred from his pledge. Since his pledge [is taken] from average quality, also his real estate [is taken] from average quality.

Ulla bar Ismael: By law, it should not atone even if it was [not] known in public. Why did they say that it atones? Not to let the altar be deserted. Rebbi Simeon ben Laqish said, by law, it should atone even if it was known in public. Why did they say that it does not atone? Not to let the altar accept robberies. How many are “public”? Rebbi Gorion in the name of Rebbi Simeon ben Laqish: Three people. Rebbi Abin in the name of Rebbi Joḥanan: “You brought robbed goods with the lame and the sick.” Since lame and sick are obvious, so everything must be obvious.

Rebbi Hillel ben Valens asked before Rebbi: What reason did they have to say that practice follows Rebbi Yose? He said to him, because I never met him. If somebody questioned statements of Rebbi Yose, Rebbi said, we miserable ones asked against Rebbi Yose, for as there is a difference between the most holy and the most profane, so is there a difference between Rebbi Yose’s generation and ours. Rebbi Ismael ben Rebbi Yose said, the difference between my father’s generation and ours is like that between gold and dust.

HALAKHAH: “ ‘This is your bill of divorce if I should die, this is your bill of divorce from this illness, this is your bill of divorce after my death,’ he did not say anything.” But our teachers said, it is a bill of divorce. Who are “our teachers”? Rebbi Jehudah the Prince and his court. In three places is Rebbi Jehudah the Prince called “our teachers”, about bills of divorce, oil, and a sole. They should have called him “permissive court” since any court which permits three [previously forbidden] things is called “permissive court.” Rebbi Yudan ben Rebbi Ismael said, his court disagreed with him about the bills of divorce.

HALAKHAH: “If somebody throws a bill of divorce to his wife,” etc. “He shall write,” “he shall deliver into her hand.” Not only into her hand; from where also into her garden or into her courtyard? The verse says “he shall deliver, he shall deliver.” Is this following Rebbi Ismael? It is following Rebbi Aqiba. It was stated in the name of Rebbi Ismael, “he took all his land from his hand, up to the Arnon.” Did he take it out of his hand? What means “from his hand”? From his possession.

HALAKHAH: “If somebody throws a bill of divorce to his wife,” etc. “He shall write,” “he shall deliver into her hand.” Not only into her hand; from where also into her garden or into her courtyard? The verse says “he shall deliver, he shall deliver.” Is this following Rebbi Ismael? It is following Rebbi Aqiba. It was stated in the name of Rebbi Ismael, “he took all his land from his hand, up to the Arnon.” Did he take it out of his hand? What means “from his hand”? From his possession.

Ulla bar Ismael said, he never thought to have a right to her wool basket. Think of it, if her wool basket was of gold? Certainly he never thought to have a right to her wool basket. Rebbi Joḥanan said, only if it is being used. Rebbi Yose said, only if she is using it at that moment. Rebbi Simeon ben Laqish said, if it is tied to her; Rebbi Yose said, if she lifts it for her purpose. Rebbi Hoshaiah stated in support of Rebbi Joḥanan: Even if he threw it into her maloš she is divorced.

HALAKHAH: “If he wrote a bill to divorce his wife and then changed his mind,” etc. Rebbi Joḥanan in the name of Rebbi Yannai: There is no problem because of the purity of the priestly line and the court will not denigrate her. There came a case before the Elder Rebbi Ḥiyya and he acted following the House of Hillel. Rav asked him, why did you bring yourself into this great doubt? He answered, Rebbi Ismael ben Rebbi Yose was with me. He quoted about them: “Two are better than one.”

Can she regain her autonomy through her master’s death or by the end of six [years]? What is the problem? Following Rebbi Aqiba? But Rebbi Aqiba said that the verse speaks about a woman half slave and half free engaged to be married by a free man. Therefore, his problem is following Rebbi Ismael, since Rebbi Ismael said that the verse speaks about a Canaanite slave girl married to a Hebrew slave, since this is marriage sanctioned by the Torah: “If his master give him a wife.” But his problem is whether she regains her autonomy through her master’s death or by the end of six [years] for him who says that the Hebrew slave does not serve the heir.

Can she regain her autonomy through her master’s death or by the end of six [years]? What is the problem? Following Rebbi Aqiba? But Rebbi Aqiba said that the verse speaks about a woman half slave and half free engaged to be married by a free man. Therefore, his problem is following Rebbi Ismael, since Rebbi Ismael said that the verse speaks about a Canaanite slave girl married to a Hebrew slave, since this is marriage sanctioned by the Torah: “If his master give him a wife.” But his problem is whether she regains her autonomy through her master’s death or by the end of six [years] for him who says that the Hebrew slave does not serve the heir.

HALAKHAH: “A Hebrew slave is acquired by money,” etc. It is written: “If your Hebrew brother or sister be sold to you,” he bracketed the male Hebrew with the female. Since the female Hebrew can be acquired by money or contract, also the male Hebrew can be acquired by money or contract. One understands money since it is written: “She leaves gratis, without money [due].” From where by contract? The female Hebrew is inferred from the free woman, and the male Hebrew from the female. This is a combination of inferences. That follows Rebbi Aqiba who accepts combination of inferences. Following Rebbi Ismael who rejects combination of inferences? It was found that Rebbi Ismael stated: In the case of the word חֻפְשָׁה, “free” is inferred from חֻפְשָׁה. Everywhere Rebbi Ismael rejects combination of inferences and here, he accepts combination of inferences? Rebbi Ismael stated it in the name of the Sages. From where is it derived for Rebbi Ismael? “Sending away, sending away.” Since “sending away” mentioned there means by a contract, also “sending away” here means by a contract. But it does not compare. There it is to gain autonomy, here it is to be acquired by others! Rebbi Mattaniah said, “sale, sale”. Since “sale” mentioned there means by a contract, “sale” here also means by a contract. But since there it is possible by possession, then here it should be possible by possession. Rebbi Ḥiyya bar Ada said, the male Hebrew is like the female Hebrew.

HALAKHAH: “A Hebrew slave is acquired by money,” etc. It is written: “If your Hebrew brother or sister be sold to you,” he bracketed the male Hebrew with the female. Since the female Hebrew can be acquired by money or contract, also the male Hebrew can be acquired by money or contract. One understands money since it is written: “She leaves gratis, without money [due].” From where by contract? The female Hebrew is inferred from the free woman, and the male Hebrew from the female. This is a combination of inferences. That follows Rebbi Aqiba who accepts combination of inferences. Following Rebbi Ismael who rejects combination of inferences? It was found that Rebbi Ismael stated: In the case of the word חֻפְשָׁה, “free” is inferred from חֻפְשָׁה. Everywhere Rebbi Ismael rejects combination of inferences and here, he accepts combination of inferences? Rebbi Ismael stated it in the name of the Sages. From where is it derived for Rebbi Ismael? “Sending away, sending away.” Since “sending away” mentioned there means by a contract, also “sending away” here means by a contract. But it does not compare. There it is to gain autonomy, here it is to be acquired by others! Rebbi Mattaniah said, “sale, sale”. Since “sale” mentioned there means by a contract, “sale” here also means by a contract. But since there it is possible by possession, then here it should be possible by possession. Rebbi Ḥiyya bar Ada said, the male Hebrew is like the female Hebrew.

HALAKHAH: “A Hebrew slave is acquired by money,” etc. It is written: “If your Hebrew brother or sister be sold to you,” he bracketed the male Hebrew with the female. Since the female Hebrew can be acquired by money or contract, also the male Hebrew can be acquired by money or contract. One understands money since it is written: “She leaves gratis, without money [due].” From where by contract? The female Hebrew is inferred from the free woman, and the male Hebrew from the female. This is a combination of inferences. That follows Rebbi Aqiba who accepts combination of inferences. Following Rebbi Ismael who rejects combination of inferences? It was found that Rebbi Ismael stated: In the case of the word חֻפְשָׁה, “free” is inferred from חֻפְשָׁה. Everywhere Rebbi Ismael rejects combination of inferences and here, he accepts combination of inferences? Rebbi Ismael stated it in the name of the Sages. From where is it derived for Rebbi Ismael? “Sending away, sending away.” Since “sending away” mentioned there means by a contract, also “sending away” here means by a contract. But it does not compare. There it is to gain autonomy, here it is to be acquired by others! Rebbi Mattaniah said, “sale, sale”. Since “sale” mentioned there means by a contract, “sale” here also means by a contract. But since there it is possible by possession, then here it should be possible by possession. Rebbi Ḥiyya bar Ada said, the male Hebrew is like the female Hebrew.

HALAKHAH: “A Hebrew slave is acquired by money,” etc. It is written: “If your Hebrew brother or sister be sold to you,” he bracketed the male Hebrew with the female. Since the female Hebrew can be acquired by money or contract, also the male Hebrew can be acquired by money or contract. One understands money since it is written: “She leaves gratis, without money [due].” From where by contract? The female Hebrew is inferred from the free woman, and the male Hebrew from the female. This is a combination of inferences. That follows Rebbi Aqiba who accepts combination of inferences. Following Rebbi Ismael who rejects combination of inferences? It was found that Rebbi Ismael stated: In the case of the word חֻפְשָׁה, “free” is inferred from חֻפְשָׁה. Everywhere Rebbi Ismael rejects combination of inferences and here, he accepts combination of inferences? Rebbi Ismael stated it in the name of the Sages. From where is it derived for Rebbi Ismael? “Sending away, sending away.” Since “sending away” mentioned there means by a contract, also “sending away” here means by a contract. But it does not compare. There it is to gain autonomy, here it is to be acquired by others! Rebbi Mattaniah said, “sale, sale”. Since “sale” mentioned there means by a contract, “sale” here also means by a contract. But since there it is possible by possession, then here it should be possible by possession. Rebbi Ḥiyya bar Ada said, the male Hebrew is like the female Hebrew.

HALAKHAH: “A Hebrew slave is acquired by money,” etc. It is written: “If your Hebrew brother or sister be sold to you,” he bracketed the male Hebrew with the female. Since the female Hebrew can be acquired by money or contract, also the male Hebrew can be acquired by money or contract. One understands money since it is written: “She leaves gratis, without money [due].” From where by contract? The female Hebrew is inferred from the free woman, and the male Hebrew from the female. This is a combination of inferences. That follows Rebbi Aqiba who accepts combination of inferences. Following Rebbi Ismael who rejects combination of inferences? It was found that Rebbi Ismael stated: In the case of the word חֻפְשָׁה, “free” is inferred from חֻפְשָׁה. Everywhere Rebbi Ismael rejects combination of inferences and here, he accepts combination of inferences? Rebbi Ismael stated it in the name of the Sages. From where is it derived for Rebbi Ismael? “Sending away, sending away.” Since “sending away” mentioned there means by a contract, also “sending away” here means by a contract. But it does not compare. There it is to gain autonomy, here it is to be acquired by others! Rebbi Mattaniah said, “sale, sale”. Since “sale” mentioned there means by a contract, “sale” here also means by a contract. But since there it is possible by possession, then here it should be possible by possession. Rebbi Ḥiyya bar Ada said, the male Hebrew is like the female Hebrew.

Following Rebbi Ismael? Rebbi Ismael stated: At three places teaching circumvents Scripture and at another place the interpretation.The Torah said, “in a scroll”, but practice said on anything separated from the ground. The Torah said, “in dust”, but practice said in anything on which plants grow. The Torah said, “with an awl”, but practice said, even a buck-thorn, even a thorn, even glass. And at one place the interpretation: Rebbi Ismael stated: “It shall be on the seventh day that he shave all his hair,” inclusion. “His head, his beard, and his eyebrows,” detail. Since it continues “and all his hair he shall shave,” it repeats inclusion. Inclusion, detail, and inclusion is judged only by what is similar to the detail. Since the detail is explained as place of bunching and exposed, it should refer only [hair growing] in bunches at exposed places. But practice is that he shaves to be like a gourd. “With an awl”, since an awl is made of metal, so anything made of metal. Rebbi Yose said, this is a large drill. Rebbi Yose ben Rebbi Jehudah says, that is the engraving-knife. “He shall bring him to the door.” I could think, even if it was lying flat. The verse says, “or to the door-post”. Since the door-post is upright, so also the door has to be upright: a shame to him and to his family.

Following Rebbi Ismael? Rebbi Ismael stated: At three places teaching circumvents Scripture and at another place the interpretation.The Torah said, “in a scroll”, but practice said on anything separated from the ground. The Torah said, “in dust”, but practice said in anything on which plants grow. The Torah said, “with an awl”, but practice said, even a buck-thorn, even a thorn, even glass. And at one place the interpretation: Rebbi Ismael stated: “It shall be on the seventh day that he shave all his hair,” inclusion. “His head, his beard, and his eyebrows,” detail. Since it continues “and all his hair he shall shave,” it repeats inclusion. Inclusion, detail, and inclusion is judged only by what is similar to the detail. Since the detail is explained as place of bunching and exposed, it should refer only [hair growing] in bunches at exposed places. But practice is that he shaves to be like a gourd. “With an awl”, since an awl is made of metal, so anything made of metal. Rebbi Yose said, this is a large drill. Rebbi Yose ben Rebbi Jehudah says, that is the engraving-knife. “He shall bring him to the door.” I could think, even if it was lying flat. The verse says, “or to the door-post”. Since the door-post is upright, so also the door has to be upright: a shame to him and to his family.

Following Rebbi Ismael? Rebbi Ismael stated: At three places teaching circumvents Scripture and at another place the interpretation.The Torah said, “in a scroll”, but practice said on anything separated from the ground. The Torah said, “in dust”, but practice said in anything on which plants grow. The Torah said, “with an awl”, but practice said, even a buck-thorn, even a thorn, even glass. And at one place the interpretation: Rebbi Ismael stated: “It shall be on the seventh day that he shave all his hair,” inclusion. “His head, his beard, and his eyebrows,” detail. Since it continues “and all his hair he shall shave,” it repeats inclusion. Inclusion, detail, and inclusion is judged only by what is similar to the detail. Since the detail is explained as place of bunching and exposed, it should refer only [hair growing] in bunches at exposed places. But practice is that he shaves to be like a gourd. “With an awl”, since an awl is made of metal, so anything made of metal. Rebbi Yose said, this is a large drill. Rebbi Yose ben Rebbi Jehudah says, that is the engraving-knife. “He shall bring him to the door.” I could think, even if it was lying flat. The verse says, “or to the door-post”. Since the door-post is upright, so also the door has to be upright: a shame to him and to his family.

Rav Jehudah sent asking from Rebbi Eleazar: If brothers split [the estate] and then one of them entered a levirate marriage? He answered, the property of the deceased is like common property. Ulla bar Ismael said, it is found that in Rebbi Eleazar’s opinion there is no difference whether they split and then one of them entered a levirate marriage or one of them entered a levirate marriage and then they split, but all of them share in the property of the deceased. Why did he not say so? He answered what was asked of him. And why did he not ask? Because of what Rebbi Abinna said in the name of Rebbi Assi: If a first-born shared as a common son, it is prima facie evidence that he renounced his prerogative.

HALAKHAH: “Any commandment the father has to fulfill towards his son,” etc. “To circumcise him, to redeem him, to teach him Torah, to teach him a trade, and to marry him to a wife. Rebbi Aqiba says, also to teach him to swim in water.” To circumcise him, “on the eighth day, he shall circumcise the flesh of his foreskin.” “To redeem him,” as is written: “Any firstborn human among your sons you shall redeem.” To teach him Torah, “you shall teach them to your sons.” To teach him a trade, Rebbi Ismael stated: “Choose life,” that is a trade. To marry him to a wife, “make it known to your children and grandchildren.” When do you have children and grandchildren: if you marry off your sons when young. Rebbi Aqiba says, also to swim in water. “That you shall live together with your descendants.” How is this? Is it a commandment or is it obligatory? Let us hear from the following: Bar Tarima came to Rebbi Immi and said to him, talk to my father that he should marry me to a woman. He talked to [the father], but the latter refused. That means it is a commandment, for if it were obligatory, he should have forced him. From where that if his father did not do these things for him, he is required to do them himself? The verse says a human you shall redeem”, “you shall circumcise” them, “you shall study them”, “you shall know” yourself, “that you shall live.”

There, we have stated: “The father bestows on his son beauty, strength, riches, wisdom, and years.” From where beauty? “May Your deeds appear on Your servants, and Your glory on their sons.” Strength, “strong on earth will be his descendants.” Riches, “I was young and became old, but never saw a just man abandoned and his descendants in need of bread.” Wisdom, “you shall teach your sons to argue about them.” Years, “that your and your sons’ days be many.” And just as he inherits five qualities, so he owes him the following five things. He feeds him, he gives him to drink, he clothes him, he puts on his shoes, he leads him. That is what is written: “This should fall on Joab’s head: sufferer from flux and from skin disease, holding the distaff, falling by the sword, and senseless.” Sufferer from flux, weak. From skin disease, abandoned. Holding the distaff, uneducated. Falling by the sword, short lived. Without bread, poor. When Solomon came to kill Joab, he said to him: Your father gave me five sentences; accept them and I can be killed. He accepted them and all of them came to pass on the House of David. Sufferer from flux was Rehabeam: “King Rehabeam with difficulty climbed on his chariot to flee to Jerusalem;” some say, he suffered from flux; some say, he was weak. Suffering from skin disease was Uziahu: “King Uziahu suffered from skin disease until the day of his death.” Holding the distaff was Joash: “They punished Joash.” Rebbi Ismael stated: This teaches that they gave him over to hardened hoodlums who had never known a woman and they raped him the way women are raped. That is what is written: “Israel’s pride will testify against it,” Israel’s pride will be raped in its face. Falling by the sword, this is Josiah, as is written: “The archers shot at king Josia,” and Rebbi Joḥanan said, this teaches that they made his body like a sieve. Rebbi Ismael stated: 300 arrows were shot at the Eternal’s anointed. Without bread, that is Jehoiachin: “And his meal, a permanent meal was given to him,.”

There, we have stated: “The father bestows on his son beauty, strength, riches, wisdom, and years.” From where beauty? “May Your deeds appear on Your servants, and Your glory on their sons.” Strength, “strong on earth will be his descendants.” Riches, “I was young and became old, but never saw a just man abandoned and his descendants in need of bread.” Wisdom, “you shall teach your sons to argue about them.” Years, “that your and your sons’ days be many.” And just as he inherits five qualities, so he owes him the following five things. He feeds him, he gives him to drink, he clothes him, he puts on his shoes, he leads him. That is what is written: “This should fall on Joab’s head: sufferer from flux and from skin disease, holding the distaff, falling by the sword, and senseless.” Sufferer from flux, weak. From skin disease, abandoned. Holding the distaff, uneducated. Falling by the sword, short lived. Without bread, poor. When Solomon came to kill Joab, he said to him: Your father gave me five sentences; accept them and I can be killed. He accepted them and all of them came to pass on the House of David. Sufferer from flux was Rehabeam: “King Rehabeam with difficulty climbed on his chariot to flee to Jerusalem;” some say, he suffered from flux; some say, he was weak. Suffering from skin disease was Uziahu: “King Uziahu suffered from skin disease until the day of his death.” Holding the distaff was Joash: “They punished Joash.” Rebbi Ismael stated: This teaches that they gave him over to hardened hoodlums who had never known a woman and they raped him the way women are raped. That is what is written: “Israel’s pride will testify against it,” Israel’s pride will be raped in its face. Falling by the sword, this is Josiah, as is written: “The archers shot at king Josia,” and Rebbi Joḥanan said, this teaches that they made his body like a sieve. Rebbi Ismael stated: 300 arrows were shot at the Eternal’s anointed. Without bread, that is Jehoiachin: “And his meal, a permanent meal was given to him,.”

Rebbi Ismael’s mother came, spoke, and complained to our teachers about him. She said to them: Scold my son Ismael because he does not honor me! At that, the faces of our teachers became saffron colored. They said, is it possible that Rebbi Ismael does not honor his parents? They said to her, what did he do to you? She said, when he comes from the house of assembly, I want to wash his feet and drink from it, and he refuses. They said, since it is her wish it is her honor.

Rebbi Ismael’s mother came, spoke, and complained to our teachers about him. She said to them: Scold my son Ismael because he does not honor me! At that, the faces of our teachers became saffron colored. They said, is it possible that Rebbi Ismael does not honor his parents? They said to her, what did he do to you? She said, when he comes from the house of assembly, I want to wash his feet and drink from it, and he refuses. They said, since it is her wish it is her honor.

Rebbi Ismael’s mother came, spoke, and complained to our teachers about him. She said to them: Scold my son Ismael because he does not honor me! At that, the faces of our teachers became saffron colored. They said, is it possible that Rebbi Ismael does not honor his parents? They said to her, what did he do to you? She said, when he comes from the house of assembly, I want to wash his feet and drink from it, and he refuses. They said, since it is her wish it is her honor.

Rebbi Mana said: The millers are correct when they say that each and every person has in his chest that which is appropriate for him. Rebbi Tarphon’s mother said so and they answered her appropriately, Rebbi Ismael’s mother said so and they answered her appropriately. Rebbi Zeïra was sorry and said, if only I had father or mother that I could honor them and inherit paradise. When he heard these two instructions, he said: Praise to the All-Merciful that I have neither father nor mother. I could not have done as Rebbi Tarphon did and I could not accept what Rebbi Ismael accepted. Rebbi Abun said, I am free from honoring father and mother. They said, his father died when his mother was pregnant and she died in giving birth.

Rebbi Mana said: The millers are correct when they say that each and every person has in his chest that which is appropriate for him. Rebbi Tarphon’s mother said so and they answered her appropriately, Rebbi Ismael’s mother said so and they answered her appropriately. Rebbi Zeïra was sorry and said, if only I had father or mother that I could honor them and inherit paradise. When he heard these two instructions, he said: Praise to the All-Merciful that I have neither father nor mother. I could not have done as Rebbi Tarphon did and I could not accept what Rebbi Ismael accepted. Rebbi Abun said, I am free from honoring father and mother. They said, his father died when his mother was pregnant and she died in giving birth.

Some baraita implies that the agent of a person acts in his stead, and some baraita implies that the agent of a person does not act in his stead. “If he definitively will substitute, if he himself will dissolve.” We may hold that a person’s agent cannot act in his stead because Scripture excluded him. “He shall lean his hand,” not the hand of his son nor the hand of his slave nor the hand of his agent. We may hold that a person’s agent can act in his stead but [in this case] Scripture excluded him. “His master shall pierce his ear with an awl;” “his master” but not the latter’s son, “his master” but not the latter’s agent. We may hold that a person’s agent can act in his stead but Scripture excluded him. Some Tannaïm state: “He shall pierce”, to include the agent. This follows Rebbi Aqiba. Following Rebbi Ismael? “His master”, anybody acting on his master’s authority.

HALAKHAH: “The daughter of a desecrated priest,” etc. Rav Hamnuna in the name of Rav: Daughter, daughter’s daughter, forever. Rebbi Joḥanan in the name of Rebbi Ismael: “In his clans.” Since by “in his clans” said there males are forbidden and females permitted, so by “in his clans” said here males are forbidden and females permitted. What is the difference between them? A Cohen who came to a divorcee and fathered a son; the son went and fathered a son and a daughter. In the opinion of Rav the son, the son’s daughter, the daughter’s son, and the daughter are forbidden. In the opinion of Rebbi Joḥanan the son’s daughter is forbidden, the daughter’s son is permitted. The Mishnah disagrees with Rav: “The daughter of an Israel who married a desecrated woman is qualified for the priesthood.” He explains it, a broomstick desecrated one. The Mishnah disagrees with Rebbi Joḥanan: “Rebbi Jehudah says, the daughter of a male proselyte is like the daughter of a desecrated priest.” He explains that Rebbi Jehudah only comes to add. If he had said that the daughter of a desecrated priest is like the daughter of a male proselyte, you would have had a point.

New paragraph. “And a bachelor shall not be a school teacher; a woman shall not be a school teacher, etc.” It was stated: Rebbi Eliezer says, also a man with a wife and children shall not be a school teacher if they are not with him at that place. Rebbi Yudan ben Rebbi Ismael acted accordingly in the case of a Mishnah teacher.

Rebbi Abun bar Ḥiyya in the name of Rebbi Samuel bar Rav Isaac: If “the bull” had not been written, I would have inferred the bull from the pit. Since for the pit, which is not usually moving, one has to pay full damages, not so much more for the bull which usually is moving? Either since for the pit one pays full damages, also the bull pays full damages, or since the bull pays half damages, also for the pit one should have to pay half damages. If “the bull” had not been written, I would have inferred the bull from the pit; if “the pit” had not been written, I would have inferred the bull from the pit. Why was it stated here? Because there are many things. Similarly, the seat is not like the bed and the bed is not like the seat. One understands that the seat is not like the bed. The seat a square ṭephaḥ large can become impure; the bed four ṭephaḥim large can become impure. Because He declared a bed four ṭephaḥim large as impure, would a seat a square ṭephaḥ large become impure? If the seat had not been written, I would have inferred seat from bed. Why was it stated here? Because there are many things to be stated. Similarly, the paragraph on lighting the candles is not like the paragraph about exiling the impure and the paragraph on exiling the impure is not like the paragraph about lighting the candles. If the paragraph about exiling the impure had not been written, I would have inferred the rules of the paragraph on exiling the impure from the paragraph on lighting the candles. Why was it stated here? Because there are many things to be stated. So what is equal about them is that they are “command” here and in future generations, so everything by “command” is for here and for future generations. Rebbi La said, it is necessary that all be written; and the bull teaches that the owners have to deal with the cadaver. But it is written, “and the cadaver shall be his”, and it is written for the pit, “and the cadaver shall be his”! Rebbi Ismael said, this excludes real estate which cannot be moved; it excludes a human because there can be no usufruct from him in death. But the fire teaches for all of them that one is responsible for accidents.

HALAKHAH: “Estimation and determination of money’s worth,” etc. One does not say that a cow be compensated for by a stole, but one appraises all property in court. “Money’s worth,” this teaches that the court only appraises mortgageable property. But if the person suffering damage appropriated movables, one appraises those. “By a court”, this teaches that one only appraises in court. “Based on testimony”, for one only appraises by testimony. “Of free persons of the Covenant”, this excludes Gentiles, and slaves, and persons disqualified for testimony. “Women are under the rule of torts”; since the verse speaks only of men, it is necessary to include women: Rebbi Ismael stated, “these are the laws which you shall put before them” “And sometimes both the person who causes and the one who suffers the damage pay”; they pay half the damage. From here, that one splits the damage; each one loses half the value of the damage.

Rebbi Aḥa said, would that not be obvious from the reasoning of the rabbis? Is the rebellious son liable for double restitution for his first theft? Or since he is warned of a capital offense should he be freed? Let us hear from the following: If somebody steals another’s wallet and removes it on the Sabbath he is liable since he already is liable for the theft of the wallet before he comes in conflict with the holiness of the Sabbath. Is he not forewarned of a capital offense and you say, he is liable! Here also, even though he is forewarned of a capital offense, you say that he has to be liable. Rebbi Yannai bar Ismael said, Rebbi Hoshaia follows his own opinion, as we have stated: He who takes out is guilty even if he did not put down. Similarly, he who takes out is guilty even if he did not take up with the intent to take out, for warning is possible only at the moment of his taking out. It was stated: If he was dragging it until he left, he is free since the obligations of capital crime and restitution falls on him simultaneously. Therefore, if both obligations do not fall on him simultaneously, he is liable. Rebbi Yose ben Rebbi Abun said, explain it with large pouches which usually are dragged; one cannot infer anything from this.

One objects from the Mishnah; sometimes one objects in support of Rebbi Joḥanan, sometimes one objects in support of Rebbi Simeon ben Laqish. “A person may eat once and be liable for four purification and one reparation sacrifices: An impure person who ate suet which was leftover sacrifice on the Day of Atonement. Rebbi Meïr said, if it was a Sabbath and he took it out on the Sabbath. They told him, it is not from that category.” When they objected in support of Rebbi Joḥanan: If he took it out on the Sabbath, there is no putting down. Why did they say, it is not from that category? When they objected in support of Rebbi Simeon ben Laqish: Why is he not liable if he took it out on the Day of Atonement? Rebbi Yose ben Rebbi Abun said, Rebbi Meïr follows Rebbi Aqiba, as it was stated: From where that if one unintentionally worked on a Day of Atonement which fell on the Sabbath, he is liable for each one separately? The verse says, “it is Sabbath,” “it is the Day of Atonement.” Rebbi Ismael said, he is liable only once. If he took it out] on the Sabbath and put it down. Why did they say: “it is not from that category”? I would say in explanation that he ate it. Is eating not putting it down? Therefore, it is only reasonable that if he took it out on the Sabbath, he be liable. Then if he took it out [on the Day of Atonement why should he not be liable?

Rebbi Joḥanan asked: Can one argue for him an argument which does not apply to him? Let us hear from the following: Bar Ziza’s sharecropper deposited a pound of gold with somebody. Bar Ziza and Bar Ziza’s sharecropper died; the case came before Rebbi Ismael ben Rebbi Yose. He said, does not everybody know that all Bar Ziza’s sharecrooper had was Bar Ziza’s property? It should be given to Bar Ziza’s sons. Bar Ziza had adult and underage sons. He said, the adult one should take half and when the underage ones grow up, they should receive half. Rebbi Ismael ben Rebbi Yose died; the case came before Rebbi Ḥiyya who said, that argument means nothing [since there are people who do not flout their wealth]; it should be given to the sharecropper’s sons. The trustee told him, I already disbursed half of it. He told him, what you gave, you gave by court order and what you will give, you will give by court order. May the sharecropper’s sons say to Bar Ziza’s sons, give us what you took? They can tell them, what was done was done by court order. May the underage ones say to the adult, let us share with you? May they tell them, we found a find? Rebbi Isaac said, the case between the adult and underaged ones is compared to one who gave a gift.

Rebbi Joḥanan asked: Can one argue for him an argument which does not apply to him? Let us hear from the following: Bar Ziza’s sharecropper deposited a pound of gold with somebody. Bar Ziza and Bar Ziza’s sharecropper died; the case came before Rebbi Ismael ben Rebbi Yose. He said, does not everybody know that all Bar Ziza’s sharecrooper had was Bar Ziza’s property? It should be given to Bar Ziza’s sons. Bar Ziza had adult and underage sons. He said, the adult one should take half and when the underage ones grow up, they should receive half. Rebbi Ismael ben Rebbi Yose died; the case came before Rebbi Ḥiyya who said, that argument means nothing [since there are people who do not flout their wealth]; it should be given to the sharecropper’s sons. The trustee told him, I already disbursed half of it. He told him, what you gave, you gave by court order and what you will give, you will give by court order. May the sharecropper’s sons say to Bar Ziza’s sons, give us what you took? They can tell them, what was done was done by court order. May the underage ones say to the adult, let us share with you? May they tell them, we found a find? Rebbi Isaac said, the case between the adult and underaged ones is compared to one who gave a gift.

HALAKHAH: “The obligation to make double restitution is more frequent,” etc. From where does he get this? From “if being found it is found”. This includes not only ox, or donkey, or sheep: Since He says “alive”, it includes all living beings. “The stolen goods”, to include movables. Why “ox, or donkey, or sheep”? If it were restricted to anything useful for the altar, one should have stated “ox and sheep”. [If it were restricted to anything useful for the priests, one should have stated “ox and donkey.] Rebbi Ismael stated: It excludes real estate which is not movable; it excludes slaves from whom you only have service; it excludes documents which only are for proof.

There is a rule about the slaughterer which does not apply to the seller and to the seller which does not apply to the slaughterer, for he who slaughters on the Sabbath is criminally liable but he who sells on the Sabbath cannot be prosecuted. Rebbi Yannai ben Rebbi Ismael said, we find a case of sale for which one is criminally liable on the Sabbath. Think of it, if somebody said to another: tear something off from this ground to acquire, did he not acquire? Rebbi Yose ben Rebbi Abun said, the tearing makes him liable, not the sale.

MISHNAH: If the publicans took his donkey and gave him another donkey, or armed robbers took his garment and gave him another garment, they are his since the owners had given up hope of recovery. Things saved from a flood or from armed robbers are his if the owners had given up hope of recovery. Similarly, a swarm of bees is his if the owners had given up hope of recovery. Rebbi Joḥanan ben Beroqa said, a woman or a child are trusted if they say: “This swarm of bees came from here.” [The beekeeper] may enter another’s field to take his swarm; if he caused damage he has to pay what he damaged, but he cannot cut off a branch intending to pay for it. Rebbi Ismael, Rebbi Joḥanan ben Beroqa’s son, said: he may even cut a branch and pay for it.

Rebbi wanted to permit the ocean’s absorption but Rebbi Ismael ben Rebbi Yose did not admit it; some say that Rebbi Ismael ben Rebbi Yose wanted to permit but Rebbi did not admit it. What is the ocean’s absorption? A person gave 100 denars to another. [He tells him, my yield is 20 denars. If it is less, it is on your account, if it is more, it is for your account. If it is lost, it is of both. Rebbi Ḥuna said,] for instance those who give merchandise to those who depart overseas to the stadia for two or three xestes. That is not interest but property.

Rebbi wanted to permit the ocean’s absorption but Rebbi Ismael ben Rebbi Yose did not admit it; some say that Rebbi Ismael ben Rebbi Yose wanted to permit but Rebbi did not admit it. What is the ocean’s absorption? A person gave 100 denars to another. [He tells him, my yield is 20 denars. If it is less, it is on your account, if it is more, it is for your account. If it is lost, it is of both. Rebbi Ḥuna said,] for instance those who give merchandise to those who depart overseas to the stadia for two or three xestes. That is not interest but property.

HALAKHAH: It is written about torts that the collection be from the best quality, as it is said: “his best field, etc.” And it is written about a loan that the collection be from average quality, as it is said: “and the man to whom you are creditor, etc.” They inferred real estate from pledges. Similarly, should not pledges be inferred from real estate? Rebbi Simai explained: It is a word of the Torah that the court’s bailiff enter and collect from average quality. For if the creditor enter, he would bring out the best. And if the debtor enter, he would bring out the worst. But the court’s bailiff enters and collects from average quality. Rebbi Ismael stated: It is a word of the Torah that the debtor enter, as it is said: “and the man to whom you are creditor etc.” Rebbi La said, it was stated there: “to seize as pledge”, by the court. Outside the court, from where? The verse says, “if to seize as pledge you seize as pledge.” If he took the pledge without authorization, he transgresses all these verses. Rebbi La said, he caused himself to transgress all these verses.