iyya

There, we have stated: “Rebbi Joḥanan ben Beroqa says, if he speaks about somebody who is a legal heir, his statements are valid, but about somebody who is not a legal heir, his statements are invalid.” Rebbi Joḥanan said, Ben Beroqa spoke only about a son among sons or a (daughter) son among daughters, not about a daughter and brother or a brother among daughters. Rebbi Yasa in the name of Rebbi Joḥanan: There was a case and Rebbi decided following Rebbi Joḥanan ben Beroqa. Rebbi Ze‘ira, Rebbi Yasa in the name of Rebbi Joḥanan: Rebbi asked Nathan the Babylonian, why did they say that practice follows Rebbi Joḥanan ben Beroqa? Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: What is the reason? He asked Nathan the Babylonian, why did the Sages say that practice follows Rebbi Joḥanan ben Beroqa? Are you not the one who stated “shall inherit”? (He said to him, you stated “shall take”; he came to him). He said to him, there is no “shall inherit” but “shall take”. When he came to his father, he said to him: you disadvantaged Nathan the Bablylonian; there is no “shall take” but “shall inherit”. Rebbi Yose ben Rebbi Abun said, this is what he told him: I made an error in what I taught you; there is no “shall take” but “shall inherit”. Rebbi Ze‘ira said, this is one of the leniencies of the ketubah stipulations. In general, a person can transfer rights only by a document; here even verbally. In general, a person cannot transfer rights to somebody not yet existing; here to the non-existing. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how the rabbis can compare ketubah to inheritance, for inheritance is a biblical law but ketubah is from their words; how can one argue this? Even if you say that ketubah is a biblical law, do they not agree that the stipulations of the ketubah are from their words?

HALAKHAH: ““The female children you will have by me,” etc. Rav Ḥisda said, if they became adults, they lost the support. If they married, they lost their dowries. Rebbi Ḥiyya stated: “If they became adults without being married or were married without being adults, they lost their support but not their dowries.” Rebbi Abin in the name of Hila: They all agree on the following: If a widow sues the heirs, she says I did not receive my ketubah, but the heirs say you received your ketubah. Before she remarried, the burden of proof is on the heirs that she received her ketubah. After she remarried, the burden of proof is on her that she had not received her ketubah. But did we not state: “If an orphan was married off by her mother or her brother and they wrote her [a dowry of] 150 zuz, after she grows up she can extract from them.” The reason, because she was underage. Therefore, a grown up gave up her claim. Explain it that she had received partial payment. Did not Rebbi Avina say in the name of Rebbi Assi: If a firstborn took as a simple [brother], this is prima facie evidence that he gave up his claim. Still, if she had received part payment. Rebbi Yose ben Rebbi Abun said, this one did not take anything from his primogeniture. There came a case before Rebbi Mana, who wanted to act following Rav Ḥisda. Rebbi Ḥananiah said to him, did not Rebbi Ḥiyya state, “if they became adults without being married or were married without being adults, they lost their support but not their dowries”? He said to him: I quoted a tradition, you quoted a Baraita. Let the tradition be disregarded before the Baraita.

HALAKHAH: ““The female children you will have by me,” etc. Rav Ḥisda said, if they became adults, they lost the support. If they married, they lost their dowries. Rebbi Ḥiyya stated: “If they became adults without being married or were married without being adults, they lost their support but not their dowries.” Rebbi Abin in the name of Hila: They all agree on the following: If a widow sues the heirs, she says I did not receive my ketubah, but the heirs say you received your ketubah. Before she remarried, the burden of proof is on the heirs that she received her ketubah. After she remarried, the burden of proof is on her that she had not received her ketubah. But did we not state: “If an orphan was married off by her mother or her brother and they wrote her [a dowry of] 150 zuz, after she grows up she can extract from them.” The reason, because she was underage. Therefore, a grown up gave up her claim. Explain it that she had received partial payment. Did not Rebbi Avina say in the name of Rebbi Assi: If a firstborn took as a simple [brother], this is prima facie evidence that he gave up his claim. Still, if she had received part payment. Rebbi Yose ben Rebbi Abun said, this one did not take anything from his primogeniture. There came a case before Rebbi Mana, who wanted to act following Rav Ḥisda. Rebbi Ḥananiah said to him, did not Rebbi Ḥiyya state, “if they became adults without being married or were married without being adults, they lost their support but not their dowries”? He said to him: I quoted a tradition, you quoted a Baraita. Let the tradition be disregarded before the Baraita.

““And you shall dwell in my house”. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: If he slept with her when she still was in her father’s house, did he then activate all ketubah stipulations or is that only by definitive marriage? Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: If she renounced her ketubah, what is the situation? She renounced her rights but not those of her children.

““And you shall dwell in my house”. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: If he slept with her when she still was in her father’s house, did he then activate all ketubah stipulations or is that only by definitive marriage? Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: If she renounced her ketubah, what is the situation? She renounced her rights but not those of her children.

It was stated: Just as the husband decides, so the father decides; only that the husband transfers rights in writing but the father only by speech, restricted to those things that can be acquired by speech. What is that? Gidul in the name of Rav: How much are you giving to your son? Such and such. And how much are you giving to your daughter? Such and such. When he preliminarily married her, the daughter acquired among the daughters. Rebbi Ḥiyya bar Joseph said, Gidul found something large and said something small! But it is as follows: How much are you giving to your son? Such and such. How much are you giving to your daughter? Such and such. When he preliminarily married her, the daughter acquired among the daughters and the son among the sons. Rebbi Ze‘ira said, is that something small? Does he not acquire a wife on top of movables with one peruṭa’s worth? But nobody can acquire two wives with one peruṭa’s worth! But cannot a person acquire real estate and several movables with one peruṭa’s worth? For a person can acquire two pieces of real estate with one peruṭa’s worth, but nobody can acquire two wives with one peruṭa’s worth.

Rebbi Abba bar Ḥiyya in the name of Rebbi Joḥanan: “How much are you giving to your son? Such and such. How much are you giving to your daughter? Such and such. When he preliminarily married her, the daughter acquired among the daughters and the son among the sons,” but only if it is a first marriage. This follows what Rebbi Ḥanania said: If somebody definitively married off his son in a house, the latter acquired the house, but only if it is a first marriage. Rebbi Hoshaia said, she acquired movables but did not acquire the house. Do they disagree? Rebbi Jeremiah in the name of Rebbi Abbahu: Explain it that his father used it for storage. Rebbi Ḥizqiah in the name of Rebbi Joshua ben Levi: It is needed in case what was stored was borrowed from the market. Rebbi Abbahu said, if he said it is loaned, he did not acquire it. There came a case before Rebbi Jacob ben Rebbi Abun and he instructed following Rebbi Abbahu. Rebbi Ze‘ira said, essentialy this has no basis but the rabbis build and add to it!

“If she brought”. Rebbi Samuel bar Rav Isaac said, not only if she brought but even if she could have brought. As it was stated: His wife ascends with him but does not descend with him; a widow and her children descend but do not ascend; workers ascend but do not descend. The daughter neither ascends nor descends. Rebbi Ḥiyya bar Jehudah said, because one cares for the slave girl. Rebbi Abun said, Because these labors are degrading, they are referred to as the slave girl’s. Rebbi Judah ben Rebbi Abun said, because usually a woman does not sit aimlessly in her house. Rav Huna said, even if she brought him 100 slave girls, he can force her to serve him with particular attention. What are services with particular attention? She rubs his body, washes his feet, and mixes him the cup. Why? Because she is obligated to do that, or because it is not appropriate to use a slave girl for these? If you say because it is not appropriate to use a slave girl for these, here she brought him slaves! It must be because she is obligated to do that. Rebbi Eudaimon in Sepphoris asked before Rebbi Mana: Is it not reasonable because she is obligated to do that? He said to him, that is what I am always thinking.

Following Rebbi Eliezer, how far can he deduct? Let us hear from the following: Rebbi Ḥiyya stated: One writes a bill of rebellion for the husband of a preliminarily married woman, or a sick one, a menstruating woman or one who is waiting for her levir. Where do we hold? If she rebelled against him when she was having her period, the Torah made her rebel against him! But we must hold that she rebelled against him before she had her period and now she has it. At that moment she would not be able to rebel but you say one writes, therefore one also deducts. From where does one deduct? From the additions to her ketubah. Let us hear from the following: “Rebbi Yose says, he continues to reduce, for maybe an inheritance will come to her from outside and he would be able to collect from it.” He mentioned only inheritance, which is infrequent. That means he deducts from the additions to he ketubah. Rebbi Ze‘ira in the name of Samuel: One writes a bill of rebellion for a preliminarily married woman, but one does not write a bill of rebellion for one who is waiting for her levir. But did not Rebbi Ḥiyya state that one writes a bill of rebellion on the ketubah of a menstruating woman or a sick one, a preliminarily married woman or one who is waiting for her levir? There, according to the first Mishnah, here according to the later Mishnah. Rebbi Yose bar Abun said, even if you say according to the later Mishnah, ”the later Court [instituted that] one warns her for four weeks, then she writes a receipt for her ketubah and leaves.”

Following Rebbi Eliezer, how far can he deduct? Let us hear from the following: Rebbi Ḥiyya stated: One writes a bill of rebellion for the husband of a preliminarily married woman, or a sick one, a menstruating woman or one who is waiting for her levir. Where do we hold? If she rebelled against him when she was having her period, the Torah made her rebel against him! But we must hold that she rebelled against him before she had her period and now she has it. At that moment she would not be able to rebel but you say one writes, therefore one also deducts. From where does one deduct? From the additions to her ketubah. Let us hear from the following: “Rebbi Yose says, he continues to reduce, for maybe an inheritance will come to her from outside and he would be able to collect from it.” He mentioned only inheritance, which is infrequent. That means he deducts from the additions to he ketubah. Rebbi Ze‘ira in the name of Samuel: One writes a bill of rebellion for a preliminarily married woman, but one does not write a bill of rebellion for one who is waiting for her levir. But did not Rebbi Ḥiyya state that one writes a bill of rebellion on the ketubah of a menstruating woman or a sick one, a preliminarily married woman or one who is waiting for her levir? There, according to the first Mishnah, here according to the later Mishnah. Rebbi Yose bar Abun said, even if you say according to the later Mishnah, ”the later Court [instituted that] one warns her for four weeks, then she writes a receipt for her ketubah and leaves.”

HALAKHAH: “One gives her half a qab of legumes and half a qab of oil,” etc. Rebbi Mana said, a mina, i. e. four riṭl. He gives her a pillow, a light and wick, and an amphora, and a pot. Rebbi Yose said, she has no right to a pillow since the wives of poor men do not sleep on a pillow. Rebbi Ḥiyya in the name of Rebbi Joḥanan: If she left over from her food, it is hers, if she left over rags they are his - if she left over rags they are hers. That is, of a married woman. But for a widow, both her leftover food and her leftover rags are hers.

She has no claim to wine since poor Jewish women do not drink wine. Do rich women drink? Did we not state: It happened that the Sages assigned to Martha bat Boethos two se‘ah of wine every day. How can the court assign wine? Rebbi Ḥiyya bar Ada said, because of “Whoring, wine, and cider will destroy the mind.” But did we not state: ”If she was nursing, one reduces the amount of her work and increases her food”? Rebbi Joshua ben Levi said wine, for it increases the milk. Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi Joḥanan: Also they assigned it for cooking. Nevertheless, she cursed them and said to them, so you should give to your daughters. Rebbi Aḥa said, and we answered her, Amen. Rebbi Eleazar ben Rebbi Ẓadoq said, I should not see consolation if I did not see her collecting barley grains between horses’ hooves at Acco. I quoted about her the verse: “The dainty one among you and the pampered, …” “If you have no experience, most beautiful of women, go following the flock …”. But did we not state: It happened that the Sages assigned to Miryam, the daughter of Simeon ben Gorion, a daily supply of perfume for 500 denar, when she was only waiting for her levir. Nevertheless, she cursed them and said to them, so you should give to your daughters. Rebbi Aḥa said, and we answered her, Amen. Rebbi Eleazar ben Rebbi Ẓadoq said, I should not see consolation if I did not see her bound with her hair to a horse’s tail at Acco. I quoted about her the verse: “The dainty one among you and the pampered, …”.

HALAKHAH: “If she decided to bring him 1’000 denars,” etc. Why did they say for money, one and one half times, and for estimations less one fifth? Rebbi Yose ben Ḥanina said, one estimates the will of the woman that she wants to use her vessels and depreciates them by a fifth. One estimates the will of the man to use it in trade and to make them one and one half. Rebbi Yose said, this implies that nobody has the right to sell his wife’s vessels. Example: Rebbi Ḥiyya, Rebbi Yasa, and Rebbi Immi went to appraise for Rebbi Yose ben Ḥanina’s daughter. They said to [the groom]: Deduct a fifth and double. He said to them, he deducts a fifth and does not double.

”If somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a tetradrachma. Do not give them more than one šeqel per week, one gives them a šeqel. But for the support of the wife and the daughters, whether he says give or do not give, one gives them a šeqel. It was stated: Rabban Simeon ben Gamliel says, Meïr used to say, if somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a šeqel, and for the remainder they should be provided for by charity. But the Sages say, one takes continuously until the property is used up and after that they should be provided by charity.” Rebbi Yose said, that gives a simple example for Ḥilfai’s question. He said, I shall sit on the river bank and if I cannot extract the teachings of the elder Rebbi Ḥiyya from the Mishnah, throw me into the river. What could he say? “The trustee should execute what he was entrusted with.”

”If they died, others should inherit.” Did not Rebbi Abbahu say in the name of Rebbi Joḥanan: A person can transfer property rights in any language except with an expression of inheritance? One does not have here “they shall inherit” but “they shall take”. Rebbi Ze‘ira asked before Rebbi Mana: Do they not differ here in matters of a gift? If somebody signed over all his property to two persons at the same time; to one he wrote in the language of gift but to the other in the language of inheritance. Rebbi Eleazar said, since the one acquired in the language of gift, the other one acquired in the language of inheritance. Rebbi Joḥanan said, it seems that one did acquire in the language of gift but the other did not acquire in the language of inheritance Rebbi Phineas said, there came a case before Rebbi Jeremiah: Practice follows Rebbi Eleazar since Rebbi Eleazar stated a docrine but Rebbi Joḥanan said only “it seems”. Rebbi Samuel said, but did not Rebbi Meïr say that and it does not seem reasonable; is that nothing? Did not Rebbi Joḥanan say in the name of Rebbi Assi: Carded firstling wool becomes insignificant in a plurality. Rebbi Ḥiyya the Sepphorean brought before Rebbi Ammi a pound in eight but the latter refused to rule since had not Rebbi Assi said, is that not a Mishnah? “If somebody weaves the length of a sîṭ of firstling’s wool in a cloth, the cloth must be burned, of hair of a nazir or firstling donkey in sackcloth, the sackcloth must be burned”? The following Mishnah disagrees with Rebbi Joḥanan: “If he wrote any expression of gift either at the start, or in the middle, or at the end, his instructions are valid.” There, to one person in an expression of gift and to one an expression of inheritance. But here to each one both in the language of gift and the language of inheritance Rebbi Ḥaggai asked before Rebbi Yose: But does he not prejudice the rights of others? He said to him, if there are no brothers. But does he not prejudice the rights of his paternal uncles? Rebbi Ḥanania the son of Rebbi Hillel: A person prefers the good of his house over his relatives.

“With her hair in disorder.” They said that for the courtyard; so much more for the passageway. Rebbi Ḥiyya in the name of Rebbi Joḥanan: If one goes out in her wig, she does not go out with her hair in disorder. That is, to the courtyard; if she does it in the passageway, she goes out with her hair in disorder. There exists a courtyard which is like a passageway and a passageway which is like a courtyard. A courtyard through which outsiders have broken is like a passageway and a passageway through which no outsiders are breaking is like a courtyard.

Rebbi Ḥanin stated in the name of Rebbi Samuel: Both for women about whom they said that they have ketubah as also those about whom they said they leave without ketubah, as the minor, the secondarily prohibited, and the she-ram, did they speak about a mina or 200 [zuz]? But even if the ketubah was a thousand denars, she loses, but she takes her existing rags. But the one who leaves because of a bad reputation loses everything. Can she take her paraphernalia? Rebbi Ze‘ira said, she takes. Rebbi Hila said, she does not take. Rebbi Hila, Rebbi Yasa, Rebbi Abba bar Cohen mention it in the name of Rebbi Ḥanina ben Gamliel: Both women about whom they said that they leave without ketubah, did they speak about the ketubah of a mina or 200 [zuz]? But even if the ketubah was a thousand denars, she loses. Rebbi Simon said, Rebbi Joḥanan: All the Mishnaiot are connected to this baraita. Rebbi Mana said before Rebbi Yasa: About which baraita? Of Rebbi Ḥanin from Samuel? He said to him, it is everybody’s opinion. And Rebbi Ḥiyya formulated so: “Women who infringe upon the law lose everything.

Rebbi Simeon ben Laqish said, the Mishnah deals with the case that he married her preliminarily conditionally but definitively silently. But if he married her preliminarily silently and definitively silently, she can claim her ketubah. Rebbi Joḥanan said, even if he married her preliminarily silently and definitively silently, she has no ketubah. Rebbi Ḥiyya in the name of Rebbi Joḥanan: But she needs a bill of divorce from him even if he married her preliminarily conditionally but definitively silently. Rebbi Ze‘ira asked before Rebbi Mana: In case he married her preliminarily silently and divorced her after the preliminary marriage, what does Rebbi Simeon ben Laqish say? Let us hear from the following: “If she had bodily defects, as long as she is in her father’s house, the father has to prove.” This implies that if the father proved his case, she can claim her ketubah. What do you see to say, if he married her preliminarily silently and divorced her after the preliminary marriage! Where do we hold? Since afterwards [it is stated]: “When was this said? For hidden defects, but he has no claim about visible defects.” If he [made it conditional], could he not also claim for visible ones? But did not the colleagues say before Rebbi Yose: Should we say that the following statement disagrees with Rebbi Simeon ben Laqish? “Once she entered her husband’s domain, the husband has to prove.” This implies that if the husband proved his case, she has no claim to ketubah. But by the statement of Rebbi Simeon ban Laqish, she has a claim to ketubah. Rebbi Cohen in the name of the rabbis of Caesarea: The Mishnah deals with the case that he definitively married her but did not sleep with her; Rebbi Simeon ben Laqish speaks about the case that he definitively married her and slept with her; I am saying that she was acceptable to him since he took her to bed.

HALAKHAH: “If she inherited after she was definitively married,” etc. We did state: She may sell or give away and it is valid. Rebbi Ḥiyya stated: She should not sell or give away, but if she sold or gave away it is valid. ”Rebbi Ḥanina ben Aqiba said, that is not what Rabban Gamliel gave as answer, but the following was his argument: No, if you have an argument about a preliminarily married one, where he has rights neither to what she finds, nor to her handiwork, nor to dissolve her vows, what can you say about a definitively married one where he has rights to what she finds, to her handiwork, and to dissolve her vows? Let the proof be the case of one who [inherited] before the definitive marriage and then was definitively married, in which case he has rights to what she finds, to her handiwork, and to dissolve her vows, and you admit to us that she should not sell or give away. He said to them, I agree that she should not sell or give away, but if she sold or gave away it is valid..” There came a case before Rebbi Immi. He said, is not Rabban Gamliel’s an isolated opinion? One cannot rely on it. A baraita supports him and disagrees with him: ”Our teachers took up the case again, voted, and instructed about property which she inherited before the definitive marriage and then was definitively married, that she should not sell or give away, and if she sold or gave away it is invalid.” It disagrees that the sale is invalid. It agrees that our teachers took up the case again, instructed, and voted. Before they voted, they did not disagree with him.

HALAKHAH: “If somebody invests in his wife’s properties,” etc. Rebbi Abba in the name of Rav Ḥiyya bar Ashi: Even if he ate only one basket of dates. Assi said, that is, if the investment is greater than the increase in value. But if the increase in value is greater than the investment, one gives him the increase in value. A baraita disagrees with Assi: “In all cases one evaluates it as for a sharecropper.” The baraita disagrees about planting; what Assi said was about a building. The baraita disagrees about planting, is that what Rebbi Abba said in the name of Rav Ḥiyya bar Ashi: Even if he ate only one basket of dates. He said to him, in one case if he ate, in the other if he did not eat.

HALAKHAH: “If somebody invests in his wife’s properties,” etc. Rebbi Abba in the name of Rav Ḥiyya bar Ashi: Even if he ate only one basket of dates. Assi said, that is, if the investment is greater than the increase in value. But if the increase in value is greater than the investment, one gives him the increase in value. A baraita disagrees with Assi: “In all cases one evaluates it as for a sharecropper.” The baraita disagrees about planting; what Assi said was about a building. The baraita disagrees about planting, is that what Rebbi Abba said in the name of Rav Ḥiyya bar Ashi: Even if he ate only one basket of dates. He said to him, in one case if he ate, in the other if he did not eat.

HALAKHAH: “If somebody writes to his wife: “I shall have nothing to do with your properties,” etc. Rebbi Joḥanan in the name of Rebbi Yannai: If he did not take her in. But if he took her in, nobody can lose his rights by these expressions. Rebbi Yose ben Rebbi Abun said, this is the word of Rebbi Ḥiyya: He who says that “my hands are removed from this field, my feet are removed from this field,” did not say anything. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: Does a Mishnah imply that nobody can lose his rights by these expressions? Did we not state there: “If somebody was married to two wives when he sold a field and the first one wrote for the buyer: I have no claims on you, the second one can take it away from the buyer’s hands,” this implies, not the first one. He said to him, that text itself implies that nobody can lose his rights by these expressions, but here the second wife cannot take anything away from the first, and why can the first one not take it away from the buyer’s hands? For she writes to him: For any complaint I shall have regarding this field, I shall have nothing against you.

HALAKHAH: “If somebody writes to his wife: “I shall have nothing to do with your properties,” etc. Rebbi Joḥanan in the name of Rebbi Yannai: If he did not take her in. But if he took her in, nobody can lose his rights by these expressions. Rebbi Yose ben Rebbi Abun said, this is the word of Rebbi Ḥiyya: He who says that “my hands are removed from this field, my feet are removed from this field,” did not say anything. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: Does a Mishnah imply that nobody can lose his rights by these expressions? Did we not state there: “If somebody was married to two wives when he sold a field and the first one wrote for the buyer: I have no claims on you, the second one can take it away from the buyer’s hands,” this implies, not the first one. He said to him, that text itself implies that nobody can lose his rights by these expressions, but here the second wife cannot take anything away from the first, and why can the first one not take it away from the buyer’s hands? For she writes to him: For any complaint I shall have regarding this field, I shall have nothing against you.

Rebbi Jeremiah asked before Rebbi Ze‘ira: If he wrote to her: “I shall have nothing to do with your properties,” and she inherited properties afterwards, what is the rule? Can a person put a condition on something not in existence? Rebbi Abun bar Ḥiyya said before Rebbi Ze‘ira: From his rights you can infer his obligations. If he had not written to her, would it make any difference, would he not receive its yield? That means, from his rights you can infer his obligations. Rebbi Levi bar Ḥaita asked: If he wrote to her: “I shall have nothing to do with your properties which you shall inherit in the future,” what is the rule? Can a person put a condition on something not in existence?

Rebbi Hillel bar Pazi asked before Rebbi Yose: If he sold and then she died? He said to him, his sale is invalid; it is as if a son sold during his father’s lifetime and then the father died. If she sold and then he died? He said to him, her sale is valid; it is as if a father sold during his son’s lifetime and then the son died. Rebbi Ḥiyya bar Marius asked before Rebbi Jonah: What is the situation if she sold to her husband? He said, since Ḥizqiah said, practice follows Rebbi Judah, this implies that her sale is a sale. It was stated: “If somebody says, my property should be given to X, if X died to Y, [if Y died to Z]. If the first one died the properties should be given to the second, if the second died they should be given to the third. If the second one died during the first’s lifetime; since the second never acquired them, the third cannot acquire them.” He said to him, so did Rebbi Hoshaia, the father of the Mishnah, explain: After him to X, after him to Y; it is as if stated: if the third died during the second’s lifetime, since the second one did not acquire his heirs cannot acquire, one really could say: After him to X, after him to Y. It was stated: “Rebbi says, the first one may sell the real estate and buy movables. Rabban Simeon ben Gamliel says, he has only the usufruct.” Ḥizqiah said, practice follows Rebbi. Rebbi Mana said, since Ḥizqiah said, practice follows Rebbi, that implies that he cannot dispose of it by a death-bed will. So said Rebbi Mana before Rebbi Yose: Since this woman’s upkeep is her husband’s responsibility, is it not like a gift of sick persons? He said to him, her upkeep is what is necessary for her: food, oil, and salt. But she wants to sell and buy chickens. This means that if the first one wanted to sell and buy chickens, he may sell. Rebbi Jacob bar Aḥa said, her burial is equal to her upkeep. Since you said there, he may sell real estate and buy food, so he may sell real estate and buy a burial.

There, we have stated: “If somebody leases a cow from another person and lends it to a third party; if it died naturally, the lessee has to swear that it died naturally and the borrower has to pay to the lessee.” Rebbi Hila in the name of Rebbi Yannai: Only if he gave permission to lend to others. Also Rebbi Ḥiyya stated thus: “The borrower cannot lend, nor the lessee lease, nor the borrower lease, nor the lessee lend, nor the trustee give to another unless they received permission from the owners. And all who changed the titles without the owners’ knowledge are liable. But the borrower is liable even if he did not change.” But it is because we stated: “An unpaid watchman can stipulate to be exempt from an oath and the borrower may stipulate that he not have to pay.” This means that even if he stipulated to be exempt that he is obligated. What if he wanted to let the borrower swear? Let us hear from the following: “If he wrote to her: ‘I have no vow or oath against you,’ he cannot make her swear, but he can ask an oath from the heirs or her business associates.” This implies that if he wanted to make the borrower swear, he can force him to swear. The first case teaches about the second and the second about the first. The first case teaches about the second, that if he wanted to make the borrower swear, he can force him to swear. The second case teaches about the first, that if he wants to force the wife to swear, that he can make her swear. Rebbi Ḥanina said, it is not necessary to derive the first case from the second, and what does one learn for the second case from the first? Following what Rebbi Hila said in the name of Rebbi Yannai: Only if he gave permission to lend to others. And here, only if he gave permission to let her sons be stewards. Rebbi Yose said, he has to pay the lease all the time it is leased to him. Rebbi Ze‘ira asked Rebbi Abuna: If the owners borrowed it and it died? He said to him, in that case we say, they ate it. Rebbi Yose bar Abun said, if they ate it, they ate their own property. Rebbi Ze‘ira asked before Rebbi Yasa: How does one act? He said to him, there are two against four; one does not act following the argument. He said to him, they are two against two! Rebbi Eleazar is the elder Rebbi Ḥiyya’s student; Rebbi Joḥanan is Rebbi Yannai’s student.

There, we have stated: “If somebody leases a cow from another person and lends it to a third party; if it died naturally, the lessee has to swear that it died naturally and the borrower has to pay to the lessee.” Rebbi Hila in the name of Rebbi Yannai: Only if he gave permission to lend to others. Also Rebbi Ḥiyya stated thus: “The borrower cannot lend, nor the lessee lease, nor the borrower lease, nor the lessee lend, nor the trustee give to another unless they received permission from the owners. And all who changed the titles without the owners’ knowledge are liable. But the borrower is liable even if he did not change.” But it is because we stated: “An unpaid watchman can stipulate to be exempt from an oath and the borrower may stipulate that he not have to pay.” This means that even if he stipulated to be exempt that he is obligated. What if he wanted to let the borrower swear? Let us hear from the following: “If he wrote to her: ‘I have no vow or oath against you,’ he cannot make her swear, but he can ask an oath from the heirs or her business associates.” This implies that if he wanted to make the borrower swear, he can force him to swear. The first case teaches about the second and the second about the first. The first case teaches about the second, that if he wanted to make the borrower swear, he can force him to swear. The second case teaches about the first, that if he wants to force the wife to swear, that he can make her swear. Rebbi Ḥanina said, it is not necessary to derive the first case from the second, and what does one learn for the second case from the first? Following what Rebbi Hila said in the name of Rebbi Yannai: Only if he gave permission to lend to others. And here, only if he gave permission to let her sons be stewards. Rebbi Yose said, he has to pay the lease all the time it is leased to him. Rebbi Ze‘ira asked Rebbi Abuna: If the owners borrowed it and it died? He said to him, in that case we say, they ate it. Rebbi Yose bar Abun said, if they ate it, they ate their own property. Rebbi Ze‘ira asked before Rebbi Yasa: How does one act? He said to him, there are two against four; one does not act following the argument. He said to him, they are two against two! Rebbi Eleazar is the elder Rebbi Ḥiyya’s student; Rebbi Joḥanan is Rebbi Yannai’s student.

HALAKHAH: “From encumbered property, how is that?” Rebbi Ḥiyya in the name of Rebbi Joḥanan: If somebody disputes a court document, he is not trustworthy. Rebbi Ḥiyya bar Abba said to him: Is that not the Mishnah? “If she produced her bill of divorce without a ketubah, she collects her ketubah”! Rebbi Joḥanan said to him: Babylonian, after I removed the clay from the pearl, you say to me: Is that not the Mishnah? Rav said, at a place where one does not write a ketubah. But at a place where one writes a ketubah, what she produces she collects. He changed his mind and said, she collects even at a place where one writes a ketubah; let anyone powerful object to this! Rebbi Yose objected: Was it not stated: She might collect on her divorce document, hide her ketubah, and collect a second time? If those died. Are there not witnesses? Bring them! They went overseas. Is there not an agreement? Is there no registrar of agreements? There is a registrar of agreements; as you say, if a document is lost, one writes a replacement. This is what one says, if the ketubah was lost, one writes a new one. Rebbi Abba objected: Was it not stated, she might collect on her divorce document, hide her ketubah, wait until he dies, and collect a second time? Rebbi Yose bar Abun said to him: Would she not have to prove that she lived with him until he died?

HALAKHAH: “From encumbered property, how is that?” Rebbi Ḥiyya in the name of Rebbi Joḥanan: If somebody disputes a court document, he is not trustworthy. Rebbi Ḥiyya bar Abba said to him: Is that not the Mishnah? “If she produced her bill of divorce without a ketubah, she collects her ketubah”! Rebbi Joḥanan said to him: Babylonian, after I removed the clay from the pearl, you say to me: Is that not the Mishnah? Rav said, at a place where one does not write a ketubah. But at a place where one writes a ketubah, what she produces she collects. He changed his mind and said, she collects even at a place where one writes a ketubah; let anyone powerful object to this! Rebbi Yose objected: Was it not stated: She might collect on her divorce document, hide her ketubah, and collect a second time? If those died. Are there not witnesses? Bring them! They went overseas. Is there not an agreement? Is there no registrar of agreements? There is a registrar of agreements; as you say, if a document is lost, one writes a replacement. This is what one says, if the ketubah was lost, one writes a new one. Rebbi Abba objected: Was it not stated, she might collect on her divorce document, hide her ketubah, wait until he dies, and collect a second time? Rebbi Yose bar Abun said to him: Would she not have to prove that she lived with him until he died?

Rebbi Ḥiyya bar Abba found Rebbi Jonathan’s prozbol and ran to give it to him. He said to him, I do not need it, as it was stated: The creditor can be believed if he says, I discarded this document and tore it up. Rebbi Jeremiah in the name of Rebbi Ḥiyya: The Mishnah says so: “Since the times of the persecution, a woman collects without the bill of divorce and the creditor collects without prozbol.” Is that not impossible? I tore it without discarding? Here, I discarded and tore it.

Rebbi Ḥiyya bar Abba found Rebbi Jonathan’s prozbol and ran to give it to him. He said to him, I do not need it, as it was stated: The creditor can be believed if he says, I discarded this document and tore it up. Rebbi Jeremiah in the name of Rebbi Ḥiyya: The Mishnah says so: “Since the times of the persecution, a woman collects without the bill of divorce and the creditor collects without prozbol.” Is that not impossible? I tore it without discarding? Here, I discarded and tore it.

“Similarly, if three who invested together lost or gained they would split in this manner.” Rebbi Eleazar said: You say that in case the tetradrachma lost or added value. But for earnings or losses they split evenly. That is difficult! One gave 100 denars and the other gave ten, and you say so? The colleagues say, he may say to him, by my contribution the merchandise rose. So far, if they ran after little merchandise. If there was much merchandise? Rebbi Abun bar Ḥiyya said, he may say to him, by the time you sold one piece, I am selling ten. That is, at a nearby place. If it was far away? Rebbi Hila said, he may say to him, by the time you go and return once, I am going and returning ten times. There, we have stated: “If [the ox] gored an ox worth 200, the last one takes 100, the one before him 50, and the two first ones a gold denar.” Rebbi Samuel in the name of Rebbi [Ze‘ira]: The same holds for earnings. Rebbi Yose said, the statement of Rebbi Ze‘ira disagrees with Rebbi Eleazar. Rebbi Mana said before Rebbi Yudan: Does Rebbi Eleazar not agree if they contracted between themselves that each can take according to his contribution? Oxen are as if contracted. He turned around and said, they disagree explicitly: Rebbi Eleazar said, if nothing was said, they split evenly; Rebbi Ze‘ira said, if nothing was said, each takes according to his contribution.

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.

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.

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 Yasa fasted eighty days to see the old Rebbi Ḥiyya. In the end, he saw his bier and him sleeping on it. If you say that Rebbi Assi was an insignificant person, one tanner came to Rebbi Joḥanan and said, I saw the sky falling but one of your students supported it. He asked him, could you recognize him? He said, if I would see him, I would recognize him. He made all his students pass before him [the tanner], and he recognized Rebbi Assi. Rebbi Simeon ben Laqish fasted three hundred fasts to see the old Rebbi Ḥiyya but did not see him. In the end, he started to feel badly and said, did he study Torah more than I did? They said to him, he spread Torah more than you did and in addition he went into exile. He said to them, did I not also go into exile? They said to him, you went into exile to study, he went into exile to teach.

Rebbi Yasa fasted eighty days to see the old Rebbi Ḥiyya. In the end, he saw his bier and him sleeping on it. If you say that Rebbi Assi was an insignificant person, one tanner came to Rebbi Joḥanan and said, I saw the sky falling but one of your students supported it. He asked him, could you recognize him? He said, if I would see him, I would recognize him. He made all his students pass before him [the tanner], and he recognized Rebbi Assi. Rebbi Simeon ben Laqish fasted three hundred fasts to see the old Rebbi Ḥiyya but did not see him. In the end, he started to feel badly and said, did he study Torah more than I did? They said to him, he spread Torah more than you did and in addition he went into exile. He said to them, did I not also go into exile? They said to him, you went into exile to study, he went into exile to teach.

When Rav Huna, the Head of the Diaspora, died they brought him here. They said, where shall we put him? They said, let us put him next to Rebbi Ḥiyya the elder for he is one of them. They said, who might want to bring him there? Rebbi Ḥaggai said, I shall go up to put him there. They said to him, you are looking for a pretext, for you are an old man and you want to go to rest there yourself. He said to them, put some string on my feet and when I shall be weak you pull. He went in and found the three arguing. “Jehudah my son, after you, and no more. Ḥizqiah my son, after you, and no more. Joseph ben Israel, after you, and no more.” He [R. Ḥaggai] lifted his eyes to look, it was said to him lower [your eyes], turn around. Rebbi Ḥiyya the elder [who said to] his son Jehudah, make space for Rav Ḥuna that he may rest there. But [Rav Ḥuna] did not accept this. They said, since he did not accept that one made space for him, so his descendants will never end. He [R. Ḥaggai] exited from there eighty years old and his years were doubled.

When Rav Huna, the Head of the Diaspora, died they brought him here. They said, where shall we put him? They said, let us put him next to Rebbi Ḥiyya the elder for he is one of them. They said, who might want to bring him there? Rebbi Ḥaggai said, I shall go up to put him there. They said to him, you are looking for a pretext, for you are an old man and you want to go to rest there yourself. He said to them, put some string on my feet and when I shall be weak you pull. He went in and found the three arguing. “Jehudah my son, after you, and no more. Ḥizqiah my son, after you, and no more. Joseph ben Israel, after you, and no more.” He [R. Ḥaggai] lifted his eyes to look, it was said to him lower [your eyes], turn around. Rebbi Ḥiyya the elder [who said to] his son Jehudah, make space for Rav Ḥuna that he may rest there. But [Rav Ḥuna] did not accept this. They said, since he did not accept that one made space for him, so his descendants will never end. He [R. Ḥaggai] exited from there eighty years old and his years were doubled.

“Seven seas surround the Land of Israel: The ocean, lake Tiberias, lake Samkho, the salt sea, lake Ḥolata, lake Sheliat, lake Apamea.” But does there not also exist the lake of Ḥomṣ? Diocletian dammed up rivers and created it. It is written (Num. 21:20): “Looking down on the desert.” Rebbi Ḥiyya bar Abba said, if one ascends the desert mountain one finds the likeness of a sieve in lake Tiberias, that is the well of Miryam. Rebbi Joḥanan bar Mara said, the rabbis estimated it and it is assessed opposite the middle gate of the old synagogue of Imdvtgyn.

HALAKHAH: “All the time she lives in her father’s house,” etc. For the good she received; her properties became delivered during her husband’s lifetime and after 25 years she gave up the claim to her ketubah. Rav Ḥiyya bar Ashi in the name of Rav Ḥiyya asked before Rebbi La: One understands for a woman who has no ketubah. But should a woman who has a ketubah not be able to collect forever? He answered him, it tells you more: Even a woman who has a ketubah collects only up to 25 years. The statement of Rebbi Eleazar says, the creditor collects forever. He said only, “the creditor”; but a woman can collect only up to years. Rebbi Abin said, this is reasonable only for a woman who is not being supported. But for a woman who is being supported, I say that she did not claim it because of her support.

HALAKHAH: “All the time she lives in her father’s house,” etc. For the good she received; her properties became delivered during her husband’s lifetime and after 25 years she gave up the claim to her ketubah. Rav Ḥiyya bar Ashi in the name of Rav Ḥiyya asked before Rebbi La: One understands for a woman who has no ketubah. But should a woman who has a ketubah not be able to collect forever? He answered him, it tells you more: Even a woman who has a ketubah collects only up to 25 years. The statement of Rebbi Eleazar says, the creditor collects forever. He said only, “the creditor”; but a woman can collect only up to years. Rebbi Abin said, this is reasonable only for a woman who is not being supported. But for a woman who is being supported, I say that she did not claim it because of her support.

Rebbi Joshua ben Levi says, nobody is held responsible for his neighbor except for annona and head-tax. Rav said, anything for which one is held responsible for one’s neighbor has to be repaid. The strength of Rav is from the following: “He who appropriated a field and oppressors took it.” He did not hear that Rebbi Joḥanan said, they exacted a fine from a robber. Rebbi Abin asked, what is greater? Rebbi Yose ben Rebbi Abun, and Rebbi Ḥiyya ben Julianus both said in the name of Samuel; one said, it is like annona and head-tax; the other said, it is not like annona and head-tax.

Who is the Tanna of “the gain should be given to the sacred fund”? Rebbi Meïr! For Rebbi Meïr said, one commits sacrilege with prohibitions. Rebbi Abun bar Ḥiyya asked: If somebody made a vow [to forbid] a loaf to himself, can he use it to warm his hands? Let us hear from the following: “If he said, this loaf shall be dedicated, if he or another person ate it, they committed sacrilege; therefore, it can be redeemed. But if he said, it is for me [as if dedicated], if he ate it he committed sacrilege on goodwill but others would not commit sacrilege.” He said only, if he ate it. Therefore, to warm his hands is permitted. The students of Rebbi Jonah in the name of Rebbi Abun bar Ḥiyya: That is if he said I shall not eat it nor taste it; if he forbade only eating to himself. But the question was, if somebody made a vow [to forbid] a loaf to himself, can he use it to warm his hands?

Who is the Tanna of “the gain should be given to the sacred fund”? Rebbi Meïr! For Rebbi Meïr said, one commits sacrilege with prohibitions. Rebbi Abun bar Ḥiyya asked: If somebody made a vow [to forbid] a loaf to himself, can he use it to warm his hands? Let us hear from the following: “If he said, this loaf shall be dedicated, if he or another person ate it, they committed sacrilege; therefore, it can be redeemed. But if he said, it is for me [as if dedicated], if he ate it he committed sacrilege on goodwill but others would not commit sacrilege.” He said only, if he ate it. Therefore, to warm his hands is permitted. The students of Rebbi Jonah in the name of Rebbi Abun bar Ḥiyya: That is if he said I shall not eat it nor taste it; if he forbade only eating to himself. But the question was, if somebody made a vow [to forbid] a loaf to himself, can he use it to warm his hands?

“That I will not eat from yours, that I will not taste from yours.” Rebbi Eleazar in the name of Rebbi Hoshaiah. One catches him because of a handle for qorbān. Rebbi Abun bar Ḥiyya asked, if he said, I shall not eat from you, does one catch him because of a handle of an oath? Rebbi Yose said, people usually say “handle of an axe”, do they ever say “axe of a handle”?

It was stated: šĕbutâ, šĕquqâ; Rebbi Ḥiyya stated: šĕbuqa, šĕqu‘â, šĕqurâ. “A vow”, when he made a vow by Moy, by the oath which Moses vowed, “and Moses accepted the curse.” Rebbi Jonah asked, why do we not say, by the oath which Saul vowed, “Saul menaced the people with a curse”? By my right hand, that is a vow, by my left hand, that is a vow. Rebbi Mattaniah said, for it is written: “He lifted his right hand and his left hand to the Heavens and swore by the Eternally Living.”

“Like a sheep.” Rebbi Joḥanan said, like the sheep of the daily offering. There, they say, like the young of a purification offering. Rebbi Simeon ben Laqish said, like our father Abraham’s ram. What Rebbi Ḥiyya stated supports Rebbi Simeon ben Laqish: Like a sheep which never suckled. Following the opinions of the rabbis there, one could state: Like the Temple courtyard. Rebbi Abin said, following the opinion of Rebbi Simeon ben Laqish one could state: Like the sacrifices on the altar. Rebbi Yose ben Abun said, following Rebbi Joḥanan one could state: Like the cleansing of the inner altar and the candelabra.

HALAKHAH: “Indeterminate oaths are interpreted restrictively,” etc. They wanted to say, salted for preservation, not short-term salted. Rebbi Yudan said, since we have stated: “this is for me like salted meat, like libation wine,” this imples that short-term salted is called “salted”. What is short-term salted? As it was stated: “He puts the limbs on the salt and turns them over.” Rebbi Abba Mari said, there is a difference, for if he leaves them there, they become salted meat. But which text says it? As Rebbi Ḥiyya bar Abba said, “one who takes olives from the vat dips each single one in salt and eats it.” That implies that short-term salted is called “salted”.

Do the Sages permit all kinds of vows? “Four kinds of vows did the Sages dissolve”! Rebbi Eleazar in the name of the elder Rebbi Ḥiyya: Those do not need the permission of a Sage. Rav and Samuel both say that these need the permission of a Sage. Issy objected: Did we not find an opening for vows from there only? Samuel said to him, bind a rope on it. A Mishnah disagrees with Issy: “This one also can dissolve his vow without asking a Sage.” He explains it, that all vows need an opening from another place but these have their openings in themselves. Rebbi Ze‘ira said, that is, if they do not insist. But if they did insist they need the permission of a Sage. If one did insist but the other did not insist, since this one’s is invalid, the other one’s also should be invalid. A student of Rebbi Ḥiyya bar Julianus said [after] Rebbi Yudan: If one asked a tetradrachma, one was ready to give him three, and another one said a sheqel. (Does he insist?) Since he renounces one denar for this one he may renounce another one for the other one and give it to him for two.

Do the Sages permit all kinds of vows? “Four kinds of vows did the Sages dissolve”! Rebbi Eleazar in the name of the elder Rebbi Ḥiyya: Those do not need the permission of a Sage. Rav and Samuel both say that these need the permission of a Sage. Issy objected: Did we not find an opening for vows from there only? Samuel said to him, bind a rope on it. A Mishnah disagrees with Issy: “This one also can dissolve his vow without asking a Sage.” He explains it, that all vows need an opening from another place but these have their openings in themselves. Rebbi Ze‘ira said, that is, if they do not insist. But if they did insist they need the permission of a Sage. If one did insist but the other did not insist, since this one’s is invalid, the other one’s also should be invalid. A student of Rebbi Ḥiyya bar Julianus said [after] Rebbi Yudan: If one asked a tetradrachma, one was ready to give him three, and another one said a sheqel. (Does he insist?) Since he renounces one denar for this one he may renounce another one for the other one and give it to him for two.

Rebbi Abba in the name of Rebbi Ze‘ira: Because it is as if he gave him money to buy a loaf with. Rebbi Abun bar Ḥiyya asked: Then is it forbidden to borrow money from him, for it is as if he gave him money to buy a loaf with? Rebbi Abina said, Rebbi Ze‘ira asked: That jewellery on them, is it forbidden to lend to them?

Rebbi Joshua ben Levi says, nobody is held responsible for his neighbor except for annona and head-tax. Rav said, anything for which one is held responsible for one’s neighbor has to be repaid. The strength of Rav is from the following: “He who appropriated a field and oppressors took it.” He did not hear that Rebbi Joḥanan said, they exacted a fine from a robber. Rebbi Abin asked, (who was the father of) Rebbi Yose ben Rebbi Abun, and Rebbi Ḥiyya ben Julianus both said in the name of Samuel; one said, it is like annona and head-tax; the other one said, it is not like annona and head-tax.

Who is the Tanna of “the gain should be given to the sacred fund”? Rebbi Meïr! For Rebbi Meïr said, one commits sacrilege with prohibitions. Rebbi Abun bar Ḥiyya asked: If somebody made a vow [to forbid] a loaf to himself, can he use it to warm his hands? Let us hear from the following: “If he said, this loaf shall be dedicated, if he or another person ate it, they committed sacrilege; therefore, it can be redeemed. But if he said, it is for me [as if dedicated], if he ate it he committed sacrilege on goodwill but others would not commit sacrilege.” He said only, if he ate it. Therefore, to warm his hands is permitted. The students of Rebbi Jonah in the name of Rebbi Abun bar Ḥiyya: That is if he said I shall not eat it nor taste it; if he forbade only eating to himself. But the question was, if somebody made a vow [to forbid] a loaf to himself, can he use it to warm his hands?

Who is the Tanna of “the gain should be given to the sacred fund”? Rebbi Meïr! For Rebbi Meïr said, one commits sacrilege with prohibitions. Rebbi Abun bar Ḥiyya asked: If somebody made a vow [to forbid] a loaf to himself, can he use it to warm his hands? Let us hear from the following: “If he said, this loaf shall be dedicated, if he or another person ate it, they committed sacrilege; therefore, it can be redeemed. But if he said, it is for me [as if dedicated], if he ate it he committed sacrilege on goodwill but others would not commit sacrilege.” He said only, if he ate it. Therefore, to warm his hands is permitted. The students of Rebbi Jonah in the name of Rebbi Abun bar Ḥiyya: That is if he said I shall not eat it nor taste it; if he forbade only eating to himself. But the question was, if somebody made a vow [to forbid] a loaf to himself, can he use it to warm his hands?

Rebbi Joḥanan explained the Mishnah: If somebody is forbidden any profit from another person by a vow made before the Sabbatical year, he cannot enter that person’s field nor can he eat from the overhang. In the Sabbatical year, he can enter his field and eat of the fruits. If he vowed during the Sabbatical year, he enters and eats. Rebbi Simeon ben Laqish explains the Mishnah: If somebody is forbidden any profit from another person by a vow made before the Sabbatical year, he cannot enter that person’s field nor can he eat of its fruits. If he made the vow in the Sabbatical year, he cannot enter his field but he can eat of the fruits. If he vowed not to eat from the other before the Sabbatical year, he can enter his field but he cannot eat of its fruits. If he made the vow during the Sabbatical year he enters and eats. That statement of Rebbi Simeon ben Laqish follows Rebbi Yose, for Rebbi Yose said, for his vow preceded his abandoning, his abandoning his vow. Rebbi Jonah, Rebbi Abba bar Ḥiyya, in the name of Rebbi Joḥanan: Rebbi Yose agrees that he is permitted in the case of biblical abandoning.

HALAKHAH: It was stated: Rebbi Meïr says that as soon as a person abandons anything from his property, it is no longer in his possession. Rebbi Yose says, nothing may leave the hands of its owners except if it is taken up by another person. Rebbi Jeremiah, Rebbi Abba bar Ḥiyya, both say, Rebbi Joḥanan in the name of Rebbi Yannai: The words of Rebbi Yose [deal with the case] that a person gave a gift to ten people and this one was one of them. If somebody abandoned his field, some Tannaïm say, he can retract, but some Tannaïm say, he cannot retract. Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: The one who says that he can retract follows Rebbi Yose. But the one who says that he cannot retract follows Rebbi Meïr. Does this mean that abandoned property in the sense of Rebbi Yose is subject to tithes? What did he say? Abandoned property, not gift! Rebbi Jacob bar Aḥa came in the name of Rebbi Simeon ben Laqish: Abandoned property in the sense of Rebbi Yose is subject to tithes. There, they say that abandoned property in the sense of Rebbi Yose is not subject to tithes, since Rebbi Joḥanan said in the name of Rebbi Yannai: “The Levite shall come,” etc. You are obliged to give him from what you have but he has not. This excludes abandoned property for which your and his hands are equal. Gleanings, forgotten sheaves, peah, and abandoned property are all equal.

“This one can come and eat, but Rebbi Yose forbids.” What is Rebbi Yose’s reason? Because his vow preceded his abandonment. Therefore, not if his abandonment preceded his vow. They asked before Rebbi Yose: What is the difference if his vow preceded his abandonment? He said to them, it did not occur to him to forbid what he abandoned. Rebbi Jonah said, so they asked before him: That means, not if it applies to a single person? But did we not state: “This one can come and eat, but Rebbi Yose forbids”? He said to them, it did not occur to him to forbid what he abandoned. Rebbi Jonah, Rebbi Abba, Rebbi Ḥiyya, in the name of Rebbi Simeon ben Joṣadaq: If somebody abandons his field to ten persons he cannot retract. Rebbi Yose said, that follows Rebbi Meïr. Rebbi Mana asked: When you said, “to three,” [did you not mean] “in the presence of three”? Instead of asking about Rebbi Meïr, ask about Rebbi Yose! When you said, “to ten,” [did you not mean] “in the presence of ten”? He said to him, if he abandoned it before two persons, he can retract and it remains subject to tithes. If he abandoned it before three persons, he cannot retract and it is free from tithes.

HALAKHAH: “If anyone from outside was,” etc. And we did not state “one forces”! Rebbi Ḥiyya stated: “If he was a frequent maker of vows, one forces him,” because the other [partner] can say to him, one came to me and you did such and such to him; a second person and you did such and such to him; the third time he tells him either you undo your vow or sell your part.

Rebbi Ḥiyya bar Abba said, Rebbi Joḥanan ate bake-meats and said, I did not taste food on that day. But did we not state: “He who made a vow not to eat food is permitted water and salt”? Explain it following Rebbi Joshia, who said, in matters of vows one follows biblical usage. And from where that everything is called food? Rebbi Aḥa bar Ulla said: “And ten female donkeys carrying grain, bread, and food.” Why does the verse say, “and food”? From here that everything is called food.

HALAKHAH: “ ‘From the salted’ he is forbidden only salted fish,” etc. They wanted to say, salted for preservation, not short-term salted. Rebbi Yudan said, since we have stated: “this is for me like salted meat, like libation wine,” this imples that short-term salted is called “salted”. What is short-term salted? As it was stated: “He puts the limbs on the salt and turns them over.” Rebbi Abba Mari said, there is a difference, for if he left them there, they would become salted meat. But which text says it? As Rebbi Ḥiyya bar Zabda said, “one who takes olives from the vat dips each single one in salt and eats it.” This implies that short-term salted is called “salted”.

Rebbi Jacob bar Idi, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: It turns out that the minority opinion here is the majority opinion there and vice-versa. As it was stated: “One who makes a vow to abstain from meat is forbidden all kinds of meat, is forbidden head, feet, neck, heart, and liver. But he is permitted fish meat and grasshoppers. In this vein, Rabban Simeon ben Gamliel said, intestines are not meat and those who eat them are not humans.”

He who makes a vow not to use bread or produce is forbidden them, the words of Rebbi Meїr. Therefore, is he who makes a vow not to use bread or produce forbidden everything according to the rabbis? Rebbi Ḥiyya in the name of Rebbi Joḥanan, so is the Mishnah: “He who makes a vow not to use flour is only forbidden these.” How do we hold? If he uses “bread” in the biblical sense, then also if he says “produce” it is meant in the biblical sense. He should be forbidden everything since it is written (Deut. 22:9): “The produce of the vineyard.” If he simply says “bread”; only from wheat or barley is it simply called “bread”. Rebbi Yose said, I confirmed it, at a place where one eats bread from all [kinds], only from the five kinds it is simply called “bread”.

A private person who committed himself for a fast day, eats and drinks after nightfall. But if he said a public fast day, he eats and drinks only during daytime. If he made a vow to fast and it turned out to fall on Sabbath days or holidays, he is whipped but does not need permission from a Sage. If he made a vow to fast and it turned out to fall on days written in the Scroll of Fasts, Rebbi Ḥizqia and Rebbi Yudan in the name of Rebbi Ḥiyya bar Abba: One said, he fasts but does not finish, but the other one said, he is whipped but does not need permission from a Sage. That is, you say that before the scroll of fasts was abolished. But when the Scroll of Fasts was abolished, all this was abolished. Rebbi Ḥanania and Rebbi Joḥanan both say that the Scroll of Fasts was abolished. Rebbi Joshua ben Levi said, the Scroll of Fasts was abolished. Rebbi Joḥanan said, yesterday I was sitting and stating: “It happened that they decreed a fast day at Lod during Ḥanukka. Rebbi Eliezer went and had a haircut, Rebbi Joshua went and took a hot bath. Rebbi Joshua said to them, go and fast for what you fasted.” And you say, the Scroll of Fasts was abolished? Rebbi Abba said, even though you say that the Scroll of Fasts was abolished, Ḥanukka and Purim were not abolished. The acts of the rabbis imply that the Scroll of Fasts was abolished: Rebbi Jonathan fasted on the day before New Year’s Day. Rebbi Abin fasted on the day before Tabernacles. Rebbi Ze‘ira fasted 300 fast days, and some say 900 fast days and did not care about the Scroll of Fasts. Rebbi Jacob bar Aḥa told the scribes: If a woman comes to ask you, tell her that one may fast any day except Sabbaths, holidays, New Moons, the intermediary days of holidays, Ḥanukka, and Purim.

HALAKHAH: “ ‘Until Passover’, he is forbidden,” etc. Rebbi Jeremiah asked before Rebbi Ze‘ira: The opinion of Rebbi Yose seems to be inverted. There, he says “until all the elder possibilities are exhausted, until all the younger possibilities are exhausted,” and here, he says so? He said to him: Since Ben Azai and Ben Zoma died, the perseverers disappeared; no perseverer was there until Jeremiah appeared. Rebbi Abba, son of Rebbi Ḥiyya bar Abba, said, why does he needle him? Did not Rebbi Eleazar already ask before Rebbi Joḥanan, the opinion of Rebbi Yose seems to be inverted? He said to him, it is not inverted, the Mishnah is inverted, for in the House of Rebbi they stated: “ ‘Until before Passover’, Rebbi Meїr says, until it passed, Rebbi Yose says, until it comes.” We ask “until before”, and you say so? He said to him, this is a Nabatean expression, “much before Passover”. Rebbi Abin said, everybody agrees that he is permitted on Passover. Where do they disagree? The day before Passover. One of them says, until it comes, the other until it passed.

HALAKHAH: Rebbi Ḥiyya in the name of Rebbi Joḥanan: The first case also is in dispute. Rebbi Ze‘ira said, they disagree when it was undetermined. Where do we hold? If each one of them said, because of my honor, everybody agrees that he is forbidden. If one of them said, because of my honor, and the other said, I said it in your honor, everybody agrees he is permitted. But we hold if it is undetermined. Rebbi says, undetermined is as if [every] one said, because of my honor. But the Sages say, undetermined is as if one said, because of my honor, and the other said, I said it in your honor.

Rebbi Joḥanan said, earlier generations were asking, may a man ask about his confirmation? How is that? If his wife made a vow, her husband heard it and did not dissolve for her. It is obvious that he cannot dissolve as a husband. May he dissolve as an Elder? What are we talking about? If it is about vows between him and her, these are vows of himself. But we must talk about vows between her and others. [Is that not a Mishnah? “Not his wife’s vows between her and others!”] Is that not Rebbi Jehudah’s? It was stated in the name of Rebbi Judah; Rebbi Ḥiyya stated it in the name of the Sages.

May one appoint Elders for a fixed time? Let us hear from the following: Rebbi Ḥiyya bar Abba went to Rebbi Eleazar and asked him to intervene with the Patriarch Rebbi Jehudah, that the latter should write him a letter of recommendation for seeking a livelihood in a foreign country. He intervened, and [the Patriarch] wrote for him: Here we are sending you as our representative a great personality with all our powers until he shall return to us. Rebbi Ḥizqiah, Rebbi Dositheus, Rebbi Abba bar Zamina in the name of the old Rebbi Dositheus: He wrote him the following. Here we are sending you a great personality who will not be ashamed to say “1 did not learn this”.

“Naziq,naziaḥ,paziq”. Rebbi Joḥanan said, these are expressions chosen by earlier generations and nobody has the right to add to them. But did not Rebbi Ḥiyya state: raziaḥ,haziaḥ? Rebbi Shila said, also to expressions chosen by earlier secondary ones nobody has the right to add. But did not Bar Qappara state ḥeres? Rebbi Ze‘ira said, that is a name relating to the High One: “If He commands the sun: would it not shine?”. Rebbi Simeon ben Laqish said, these are Gentile words, like those Nabateans who say khaspa for ḥaspa. Rebbi Yose said, it is reasonable in other places, but in a place where the nazir is called naziq, do I say that a nazir of people with speech defects should not be a nazir?

“I am” is a handle for nezirut, “I am obligated” is a handle for qorban. Rebbi Eleazar in the name of Rebbi Hoshaiah: one catches him because of a handle for qorbān. Rebbi Abun bar Ḥiyya asked, if he said, I shall not eat from you, does one catch him because of a handle of an oath? Rebbi Yose said, people usually say “an oath that I shall not eat from yours;” do they ever say “that I shall not eat from yours, an oath”? Rebbi Mattaniah said, people usually say “handle of an axe”; do they ever say “axe of a handle”?

“I did not vow as a nazir,” he is permitted. “I already had been a nazir,” he is forbidden. Rebbi Abun bar Ḥiyya in the name of Rebbi Avina, Rebbi Immi in the name of Rebbi Yose bar Ḥanina: If somebody says, I am like ‘orlah juice, he did not say anything. The colleagues say, that follows Rebbi Simeon in a disagreement. As we have stated there: “If somebody said, an oath that I shall not eat, but he ate carcass or torn meat, abominations or crawling things, he is guilty. But Rebbi Simeon declares him free from prosecution.” Rebbi Ze‘ira said, they disagree if it is an inclusive statement. But if it is a detailed statement, everybody agrees that no oath can be applied to prohibitions. And here, we consider an inclusive statement. Rebbi Yudan said, one is about vows, the other about oaths. Vows can be applied to prohibitions but no oaths can be applied to prohibitions.

HALAKHAH: “I shall be a nazir and obligate myself to shave a nazir,” etc. This “I also”, what do you subsume under it? Does “I also” refer to the entire sentence, or does “I also” only refer to part of the sentence? If “I also” refers to the entire sentence, he says “I also am a nazir.” If “I also” only refers to part of the sentence, he said “I am a nazir.” It was stated in the House of Rebbi: “ ‘I also’ refers to the entire sentence.” Rebbi Yose said, this implies that if some person said, I am a nazir for 100 days, and another person heard him and said, “I also”; the first one is a nazir for 100 days, the other is a nazir for 30 days unless he says, “I am like him, I am the same as he is.” Rebbi Ḥiyya stated: “I am obligated to shave half [a nazir]. Then he said, I am a nazir. If he shaved after 30 days he has fulfilled his obligation.” Rebbi Yose said, the Mishnah implies this: “ ‘I shall be a nazir and obligate myself to shave a nazir,’ if another heard him and said: ‘I also shall be and I obligate myself to shave another nazir,’ if they are clever, they will shave one another.” But not themselves. Because he said, “I shall be a nazir and obligate myself to shave a nazir”. But if he said, “I obligate myself to shave half a nazir” and then he said, “I shall be a nazir,” if he shaved himself he has acquitted himself of his obligation. One understands that the second one can shave the first, but can the first shave the second? Rebbi Yose in the name of Rebbi Ze‘ira: This means that a person can take upon himself the sacrifice of a nazir who only in the future will make his vow. Rebbi Ḥinena in the name of Rebbi Ze‘ira inferred three [statements]: It implies that if he shaved himself he acquitted himself. It implies that a person obligates himself for another’s nezirut sacrifices of a future vow. It implies that a person chooses another’s nezirut sacrifices without the other’s knowledge. But he cannot dedicate [the animals] without the other’s knowledge.

HALAKHAH: “If his wife had a miscarriage,” etc. Should one not be afraid that he might have been viable? Rebbi Joḥanan said, [the Mishnah] is Rebbi Jehudah’s, since Rebbi Jehudah said, any doubt of nezirut is permitted. It was said to him that Rebbi Jehudah said so only for the end; but for the start even Rebbi Jehudah will agree. What is beginning and what is end? Rebbi Samuel ben Rav Isaac said, everybody agrees that “I do not know whether I made a vow of nazir or not,” is at the beginning, “whether it was for 30 or 50 days”, is at the end. Rebbi Yose ben Rebbu Abun said: Rebbi Ḥiyya bar Abba and Rebbi Samuel ben Rav Isaac disagreed: Everybody agrees that “I do not know whether I made a vow of nazir or not,” is at the beginning, “whether it was for 30 or 50 days”, is at the end. Where do they disagree? If it was once or twice. Rebbi Ḥiyya bar Abba considered it the end, Rebbi Samuel considered it the beginning. Rebbi Mana: The problem for Rebbi Samuel ben Rav Isaac about one or two times is whether it is the beginning or the end.

HALAKHAH: “If his wife had a miscarriage,” etc. Should one not be afraid that he might have been viable? Rebbi Joḥanan said, [the Mishnah] is Rebbi Jehudah’s, since Rebbi Jehudah said, any doubt of nezirut is permitted. It was said to him that Rebbi Jehudah said so only for the end; but for the start even Rebbi Jehudah will agree. What is beginning and what is end? Rebbi Samuel ben Rav Isaac said, everybody agrees that “I do not know whether I made a vow of nazir or not,” is at the beginning, “whether it was for 30 or 50 days”, is at the end. Rebbi Yose ben Rebbu Abun said: Rebbi Ḥiyya bar Abba and Rebbi Samuel ben Rav Isaac disagreed: Everybody agrees that “I do not know whether I made a vow of nazir or not,” is at the beginning, “whether it was for 30 or 50 days”, is at the end. Where do they disagree? If it was once or twice. Rebbi Ḥiyya bar Abba considered it the end, Rebbi Samuel considered it the beginning. Rebbi Mana: The problem for Rebbi Samuel ben Rav Isaac about one or two times is whether it is the beginning or the end.

Simeon bar Abba in the name of Rebbi Joḥanan: If he polluted himself during his son’s nezirut but was warned because of his own nezirut, he is whipped. If he dedicated his sacrifices, they are sanctified. One does not consider what Rebbi Ḥiyya stated: “His sacrifice to the Eternal for his nezirut,” i. e., his vow of nazir should precede his sacrifice, rather than that his sacrifice precede his vow of nazir.

Rebbi Ḥiyya stated: “Nazir after twenty days and nazir 100 days from now on.” He counts twenty days, interrupts and counts another 30 days, and counts another 80 to complete his first nezirut.

If he was born on the eightieth day, he eliminates ten. If he was born on the ninetieth day, he eliminates twenty. If he finished his nezirut and came to complete his son’s nezirut and became impure within the first ten days, he eliminates everything. Within the last twenty days? Rebbi Abba in the name of Rab and Rebbi Joḥanan both say, he eliminates thirty. Rebbi Samuel said, he eliminates seven only. Samuel bar Abba asked before Rebbi Yose: Does Rebbi Joḥanan think that eliminating by a shaving knife is identical with substantial eliminating? Rebbi Ze‘ira said, if Rebbi Joḥanan thought that eliminating by a shaving knife is identical to substantial eliminating, why would he say that he eliminates thirty? Should he not invalidate everything? Rebbi Abin bar Ḥiyya said before Rebbi Ze‘ira: Explain it if he was born on a day unsuitable to bring a sacrifice. Think of it, if he was born in the night, is that not unsuitable to bring a sacrifice? It is suitable; the night caused it. Think of it, if he was born on the Sabbath, is that not unsuitable to bring a sacrifice? It is suitable; the Sabbath caused it. If he had finished his nezirut but did not manage to shave when [the son] was born on the Sabbath, is that not unsuitable to bring a sacrifice? It is suitable; the Sabbath caused it. If he had finished his nezirut but did not manage to shave before his son was born, he celebrates one shaving for both. If he had dedicated his sacrifices but did not manage to shave before his son was born. There, they say that he celebrates one shaving for both. Rebbi Joḥanan said, he shaves and then shaves a second time. A baraita disagrees with Rebbi Joḥanan: “They asked Rebbi Simeon ben Ioḥai: Assume that he was both a nazir and a sufferer from scale disease, may he shave once and have it counted for his nezirut and his scale disease? He said to them: If he shaved to remove hair, you would be correct. But the nazir shaves to remove hair whereas the sufferer from scale disease shaves to have hair grow. They said to him, if it cannot be counted for the days of his completeness, should it not be counted for the days of his count? Both of them shave to remove hair. (They said to him. If both of them shaved before the sprinkling of the blood, you would be correct. But the nazir shaves before the sprinkling of the blood and the sufferer from scale disease shaves after the sprinkling of the blood! They said to him, if it cannot be counted for the days of his completeness, should it not be counted for the days of his count? Both of them shave before the sprinkling of the blood!) He said to them, if both shaved before they immerse themselves in water, you would be correct. But the nazir shaves before he immerses himself in water and the sufferer from scale disease shaves after he immerses himself in water. They said to him, the matter is settled. It cannot be counted for the days of his completeness, it cannot be counted for the days of his count. It cannot be counted for purification; it cannot be counted for impurity. That is, if he was a nazir and sufferer from scale disease. But if he was a nazir and nazir, he may shave once for both.” What does Rebbi Joḥanan do with this? He explains that they disagree with Rebbi Simeon ben Laqish.

Something happened to Rebbi Immi and he shaved on the 30 day, and something happened to Rebbi Immi and he shaved on the 31 day. Rebbi Zeriqa said, Rebbi Immi learned this from the Mishnah, as we have stated there: “If somebody vowed two neziriot, he shaves for the first on the 31 day, for the second on the 61 day.” Rebbi Yose said, there when it happened, here from the start. Rebbi Jeremiah instructed Rebbi Isaac Aṭoshia, and some say, Rav Ḥiyya bar Rav Isaac Aṭoshia, to shave on the 30th day, following the Mishnah: “Eight days, the decree of 30 days is waived for him.” The eighth has the same status as the 30 day. Rebbi Yose said, there is a difference; there they permitted in order to honor the holiday. You should know this, since Rebbi Ḥelbo bar Ḥuna said in the name of Rebbi Joḥanan: If his eighth day falls on the Sabbath, he shaves Sabbath eve. If you say that they did not permit in order to honor the holiday, then even if his 30 day falls on the Sabbath, he should shave Sabbath eve. In addition, from what Rebbi Joḥanan had said: “For all deceased he stitches together after seven days and mends after 30.” Why should he not stitch on the seventh day and mend on the 30 day? Rebbi Ḥaggai said, this has been transmitted in this way and that has been transmitted in that way.

HALAKHAH: “If somebody vowed two neziriot,” etc. If he finished his first period of nezirut and started to lean on the second, when they did not find an opening for the first while they found an opening for the second, the second can be used for the first. Where do we hold? If he said, “I am a nazir twice,” a vow which is partially annulled is totally annulled. If he said, “I am a nazir for these 30 days and those 30 days,” in this case the second cannot be used for the first. But we must hold that he said, “I am a nazir and nazir.” If he said, “these are for nezirut.” But if he said, “these are for my nezirut; those are for the other nezirut,” in this case the second cannot be used for the first. Rebbi Eleazar said, if he finished the first nezirut, as soon as he brought a sacrifice and shaved, the first is credited for the second. Rebbi Jacob bar Aḥa commanded the colleagues: If you hear anything formulated by Rebbi Eleazar, you should know that Rebbi Joḥanan disagrees: not unless he brings all his sacrifices, following the rabbis; but following Rebbi Simeon even if he brings only one sacrifice. If he dedicated both together, he has only one in his hand. If he dedicated each of them separately or brought each of them for the other, he did not acquit himself [of his obligation]. This means that as far as holiness goes, they became holy. But did not Rebbi Ḥiyya state: “His sacrifice to the Eternal for his nezirut,” i. e., that his vow of nazir should precede his sacrifice, rather than that his sacrifice precede his vow of nazir. It is different, because he still is in nezirut. One understands the second for the first. The first for the second? Rebbi Jehudah said, this supports Rebbi Eleazar. But did not Rebbi Jacob bar Aḥa command the colleagues: If you hear anything formulated by Rebbi Eleazar, you should know that Rebbi Joḥanan disagrees; not unless he brings all his sacrifices. They wanted to say, following the rabbis. But here, we hold with Rebbi Simeon. Rebbi Ḥinena in the name of Rebbi Phineas: Explain it for his nezirut and the nezirut he pledged for his son. In that, the second can be used for the first. Rebbi Yose ben Rebbi Abun said, did we not argue about one who said, “I am a nazir”? He really should be a nazir only once. You were severe with him and obligated him to be a nazir twice. Is it not enough that you were severe with him and obligated him to be a nazir twice, that now you say, he has nothing in his hands?

Rebbi Yose said, what is his problem? Of a pure nazir. But for an impure nazir, it is obvious to him that they cannot be combined. Rebbi Mana said before Rebbi Yose: Is that not an argument of “so much more”? Since for days which are counted neither for his nor for his son’s nezirut, you say that they are combined, days which are counted for his and for his son’s nezirut, it would only be logical that they should be combined! Rebbi Mana said, there he is not in a state to receive a warning, but here he is in a state to receive a warning. Rebbi Abun bar Ḥiyya asked: Since you say there about Rebbi Eliezer, at the start only if he has something to omit; at the end even if he has nothing to omit? Rebbi Ze‘ira said before Rebbi Mana, is that not a Mishnah? “If he became impure on day 101, he invalidated 30; Rebbi Eliezer said, he invalidated only seven.” He said, we hear that he invalidates; did we hear that he brings a sacrifice?

HALAKHAH: “If somebody vowed,” etc. Rebbi Yose ben Rebbi Abun said, Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan disagreed. One said, Rebbi Jehudah follows the House of Shammai. But the other said, Rebbi Jehudah thinks that she never became impure. If you say, Rebbi Jehudah follows the House of Shammai, should he not have stated 30 days and forteen years? One does not state months while reporting years.

HALAKHAH: “If two groups of witnesses,” etc. Rav said, they differ in the overall testimony. But in detail, everybody agrees that five contains two, and that he has to be a nazir for two periods. Rebbi Joḥanan said, they differ in counting. But in an overall testimony, everybody agrees that the testimonies contradict one another and there is no nezirut. What is overall and what is counting? Overall, this one says two, the other one says five. Counting, this one says one, two, the other one says three, four, five. Rav said, if testimony was contradictory in its essence, the testimony is not void. Rebbi Joḥanan said, if testimony was contradictory in itself, the testimony is void. In the opinion of everybody, if testimony was contradictory in some aspects that belong after the fact, the testimony is not void. Rebbi Joḥanan is consistent in what he said, since Rebbi Abba, Rebbi Ḥiyya, said in the name of Rebbi Joḥanan, if it was agreed that he counted but one [witness] said, he counted from a wallet and the other said, he counted from a bundle, that contradicts the essence of the testimony, and Rav will agree that the testimony is void. Where do they disagree? If there were two groups of witnesses, these say he counted from a wallet and the others say he counted from a bundle. That contradicts the essence of the testimony, the testimony is void, but according to Rav, the testimony is not void. If one [witness] said, he killed him with a mace, the other [witness] said, he killed him with a sword, that contradicts the essence of the testimony; the testimony is void and Rav will agree that the testimony is void. Where do they disagree? If there were two groups of witnesses, these say he killed him with a mace and the others say, he killed him with a sword. That contradicts the essence of the testimony; the testimony is void, but according to Rav, the testimony is not void. If these say, he ran away to the South and those say, he ran away to the North, everybody agrees that the testimony was contradictory in some aspects that refer [to] the facts, the testimony is not void. The strength of Rav comes from the following: “Rebbi Jehudah and Rebbi Simeon say, since both agree that he is not alive they can remarry.” He did nor hear that Rebbi Eleazar said, Rebbi Eliezer concedes in the case of witnesses. What is the difference between witnesses and the co-wife? They do not consider the co-wife’s words compared to that of her companion. A Mishnah disagrees with Rav: “Both in investigations and in cross examinations, if they contradict one another their testimony is void.” Rebbi Mana said, Rav will explain that as referring to single witness against single witness. Rebbi Abun said, even if you say groups and groups. There is a difference in criminal cases, as it is written: “Justice, justice you shall pursue”.

What about, “and so am I,” how do you treat this? As “amen, it is confirmed for you,” or “you did well”? The elder [Rebbi] Ḥiyya and the elder Rebbi Hoshaia. It is stated: If a woman made a vow to be anazir; her husband heard and said to her, “why did you make a vow of nazir? What did you do to make a vow of nazir? I would not like that you made a vow of nazir! There is neither vow nor oath here;” he did not say anything. But if he said, “you did well that you did make a vow of nazir; I liked that you did make a vow of nazir; if you had not made a vow of nazir I would have told you to make one”, Rebbi Ḥiyya stated on this, in all of these cases he cannot dissolve. But Rebbi Hoshaia stated: In all these cases, he can dissolve unless he said “amen” or “it is confirmed for you”, then he can no longer dissolve.

What about, “and so am I,” how do you treat this? As “amen, it is confirmed for you,” or “you did well”? The elder [Rebbi] Ḥiyya and the elder Rebbi Hoshaia. It is stated: If a woman made a vow to be anazir; her husband heard and said to her, “why did you make a vow of nazir? What did you do to make a vow of nazir? I would not like that you made a vow of nazir! There is neither vow nor oath here;” he did not say anything. But if he said, “you did well that you did make a vow of nazir; I liked that you did make a vow of nazir; if you had not made a vow of nazir I would have told you to make one”, Rebbi Ḥiyya stated on this, in all of these cases he cannot dissolve. But Rebbi Hoshaia stated: In all these cases, he can dissolve unless he said “amen” or “it is confirmed for you”, then he can no longer dissolve.

It was stated: They need neither bread nor foreleg. Rebbi Abun bar Ḥiyya asked: Do well-being sacrifices which are brought after death need bread? He turned around and said, is it not the same during his lifetime, do they not come for nothing? You say, they need bread, and here they need bread. Rebbi Yose said, it is obvious for Rebbi Abun bar Ḥiyya that well-being sacrifices which are brought after dissolution do not need bread. What is the difference between death and dissolution? In the case of death, they already were prepared to need bread; In the case of dissolution, they never were prepared to need bread. It was stated: There is a reparation sacrifice after dissolution; there is no reparation sacrifice after death. If she died, her reparation sacrifice is not offered, since there is no reparation sacrifice after death. If he dissolved for her, her reparation sacrifice is offered since that reparation sacrifice does not come for nothing.

It was stated: They need neither bread nor foreleg. Rebbi Abun bar Ḥiyya asked: Do well-being sacrifices which are brought after death need bread? He turned around and said, is it not the same during his lifetime, do they not come for nothing? You say, they need bread, and here they need bread. Rebbi Yose said, it is obvious for Rebbi Abun bar Ḥiyya that well-being sacrifices which are brought after dissolution do not need bread. What is the difference between death and dissolution? In the case of death, they already were prepared to need bread; In the case of dissolution, they never were prepared to need bread. It was stated: There is a reparation sacrifice after dissolution; there is no reparation sacrifice after death. If she died, her reparation sacrifice is not offered, since there is no reparation sacrifice after death. If he dissolved for her, her reparation sacrifice is offered since that reparation sacrifice does not come for nothing.

An animal is not subject to the rules of the non-designated at the beginning, but it is subject to the rules of the non-designated at the end. Money is subject to the rules of the non-designated at the beginning, but it is not subject to the rules of the non-designated at the end. Money is subject to the rules of the non-designated at the beginning, as we have stated: “If he had money not designated, it should be given as donation.” An animal is subject to the rules of the non-designated at the end, as we have stated: “Rabban Simeon ben Gamliel says, if he brought three animals but did not explain.” They are subject to the rules of the non-designated at the beginning, as we have stated: “ ‘These are for my purification offering, the remainder is for the rest of my nezirut’, when he died. One commits larceny about all but one cannot commit larceny about a part.” It is not subject to the rules of the non-designated at the end, when he brought money and redeemed it for an animal. If he designated a donkey, it is as if he designated money. If he designated an ox, Rebbi Yose ben Rebbi Abun and Rebbi Ḥiyya ben Julianus, both speak in Shammai’s name. One says, he is like one who designates money; the other says, he is like one who designates an animal.

There, we have stated: “Rebbi Yose ben Rebbi Jehudah says, He made error equal to intent for substitution, but not for sacrifices.” Ḥizqiah said, in error: a prohibition, the one who substitutes: a prohibition. If he wants to say “profane” but said “an elevation sacrifice”, it is sanctified. If he wants to say “an elevation sacrifice” but said “profane”, it is not sanctified. It follows that Rebbi Joḥanan, interpreting Rebbi Yose ben Rebbi Jehudah, parallels Rebbi Jeremiah’s explanation regarding the House of Shammai on sacrifices. In Rebbi Joḥanan’s opinion, may one understand that “He made error equal to intent for substitution, but not for sacrifices,” if somebody dedicates a firstling? Can it be dedicated? Did not Rebbi Ḥiyya, Rebbi Aḥa, and Rebbi Yasa say in the name of Rebbi Joḥanan: If somebody dedicated a firstling and it was brought to the altar, it is not sanctified even for its money’s worth. If somebody dedicated a blemished animal for the altar, even as a substitute it is not sanctified. But if somebody dedicated an animal with a temporary blemish. Is that consistent with whipping? Rebbi Yudan, Rebbi Mattaniah’s father, said, explain it if he gave unblemished animals for the upkeep of the Temple.

HALAKHAH: “If a person vowed to be a nazir and went to bring his animal,” etc. Where do we hold? If he saw an animal passing on the market and said, I am a nazir on that animal which passed by, he is a nazir even if the animal was stolen. If he thought that he had one and it turned out that he did not, would we say if he was rich and became poor, the nezirut would be invalidated? But we must hold that he said, I am a nazir on the animal I have at home, then went and found it stolen. If he vowed before the animal was stolen he is a nazir, after the animal was stolen he is not a nazir. The students of Rebbi Ḥiyya bar Julianus say: Rebbi Jehudah asked: If the thieves returned it in the night, did his nezirut return to him retroactively or for the future?

A “torn” [creature] that was turned into a carcass. Rebbi Yasa, the son of Rebbi Yasa’s daughter, in the name of Rebbi Jeremiah: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan says, he is guilty twice; Rebbi Simeon ben Laqish said, he is guilty only once. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose, the following supports Rebbi Joḥanan: “ ‘Any person who would eat any carcass meat,’ why does the verse say ‘and torn’? If a ‘torn’ animal can survive, was ‘carcass meat’ mentioned before? If a ‘torn’ animal must die, is it not included in ‘carcass meat’ ”? Should he not say, it is carcass meat? Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: The reason of Rebbi Yose: “Do not defile yourself by animals and birds,” but only the Eight Reptiles impart impurity! But the measure of their impurities is the measure of their uses as food. Rebbi Eleazar objected: May not the limbs of pure animals impart impurity in the most minute amount but as food only in the volume of an olive? He accepted it. What is meant by “he accepted it”? Like a person who said, the opponent accepted it. Ḥiyya bar Abba said: “You shall not [eat] any carcass meat.” The Torah identified all eating together. Rebbi Ḥanina objected: Is not the impurity of the Eight Reptiles in the size of a lentil, but as food in the volume of an olive, whether for blood or for meat?

HALAKHAH: It is written: “He has to vow to the Eternal the days of his nezirut,” from the day he brings his sacrifices, the words of Rebbi. Rebbi Yose ben Rebbi Jehudah says, from the time of his shaving. Rebbi Ze‘ira in the name of Rav Hoshaia, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Where do they disagree? If he shaved on the seventh and brought his sacrifices on the eighth. But if he shaved on the eighth and brought his sacrifices on the same day, everybody agrees on the day he brings his sacrifices. Rebbi Yose said, that is, if he immersed himself on the seventh. But if he immersed himself on the eighth, the eighth takes the place of the seventh and the seventh of the eighth; he counts only from that “seventh”. If he became impure and impure again, he brings a sacrifice for each occurrence. Rebbi Ze‘ira said, that statement follows Rebbi Yose ben Rebbi Jehudah, but following Rebbi this person still stays in impure nezirut. Rebbi Hila said, where do they disagree? To count nezirut in purity. “He has to vow to the Eternal the days of his nezirut and bring.” Rebbi said, until he actually brought. Rebbi Yose ben Rebbi Jehudah says, even if he was enabled to bring the sacrifice for impurity. Everybody agrees that he brings a sacrifice for impurity. It was stated thus: If he became impure on the seventh, and again impure on the eighth, he brings a sacrifice for each occurrence. In Rebbi Ze‘ira’s opinion, following Rebbi the first sacrifice is superseded and he brings the second; following Rebbi Yose ben Rebbi Jehudah it was not superseded. In Rebbi Hila’s opinion, everybody agrees that nothing is superseded and he brings another.