iyya

Rav commanded to the family of Rav Aḥa, Rebbi Immi commanded to his own family, if you go out on the fast day you should not incline normally. Rebbi Jonah inclined on his side; Rebbi Aḥa inclined on his side. Rebbi Samuel said, I saw Rebbi Abbahu inclining normally. Rebbi Yose said, I pointed out a difficulty before Rebbi Abbahu, is it not written, a maskit stone you shall not put up in your land to bow down on it. Explain it if he fixed a place for it. But is it not written, it was when David arrived at the mountaintop where one bows down before God? Except bowing down which is not on the ground. Does there exist bowing down which is not on the ground? They fell down with their faces to the ground and bowed down. Rebbi Abbahu added up to give thanks to the Eternal for He is good; Rebbi Mana added up to for eternal is His kindness to Israel. Rebbi Joḥanan said to Rebbi Ḥiyya bar Abba: Babylonian, two things came from you, the stretching out on the Fast Day, and the willow of the Seventh Day. The rabbis of Caesarea say, also this blood letting. It follows what Rebbi Immi said, the Babylonians in the name of the rabbis there: They permitted prostrating only on a public fast, and only on the side. The younger Rebbi Yannai in the name of his fathers: Anybody who is not qualified like Joshua that if he falls on his face the Holy One, praise to Him, would tell him, get up, should not fall down, in the case of an individual [praying] for the community.

How does one nullify it? Rebbi Ḥiyya bar Ada said, by spit. But did not Rebbi Ḥiyya state: Scattered stones of Mercurius have no nullification? Rebbi Phineas said, here those which where thrown at it; there those which were not thrown at it. As this: Rebbi Simeon ben Rebbi had a Mercurius on his field. He came to his burgonar and told him, since I heard that the magistrate wants to pass by here tomorrow, by your life lift these stones. After he had lifted them, he wanted to take them away. He told him, they are mine. Rebbi Ḥiyya bar Abba heard this and said, did not the Elder Rebbi Ḥiyya state this? But since he had heard it from him, he reinforced and fixed it.

How does one nullify it? Rebbi Ḥiyya bar Ada said, by spit. But did not Rebbi Ḥiyya state: Scattered stones of Mercurius have no nullification? Rebbi Phineas said, here those which where thrown at it; there those which were not thrown at it. As this: Rebbi Simeon ben Rebbi had a Mercurius on his field. He came to his burgonar and told him, since I heard that the magistrate wants to pass by here tomorrow, by your life lift these stones. After he had lifted them, he wanted to take them away. He told him, they are mine. Rebbi Ḥiyya bar Abba heard this and said, did not the Elder Rebbi Ḥiyya state this? But since he had heard it from him, he reinforced and fixed it.

How does one nullify it? Rebbi Ḥiyya bar Ada said, by spit. But did not Rebbi Ḥiyya state: Scattered stones of Mercurius have no nullification? Rebbi Phineas said, here those which where thrown at it; there those which were not thrown at it. As this: Rebbi Simeon ben Rebbi had a Mercurius on his field. He came to his burgonar and told him, since I heard that the magistrate wants to pass by here tomorrow, by your life lift these stones. After he had lifted them, he wanted to take them away. He told him, they are mine. Rebbi Ḥiyya bar Abba heard this and said, did not the Elder Rebbi Ḥiyya state this? But since he had heard it from him, he reinforced and fixed it.

How does one nullify it? Rebbi Ḥiyya bar Ada said, by spit. But did not Rebbi Ḥiyya state: Scattered stones of Mercurius have no nullification? Rebbi Phineas said, here those which where thrown at it; there those which were not thrown at it. As this: Rebbi Simeon ben Rebbi had a Mercurius on his field. He came to his burgonar and told him, since I heard that the magistrate wants to pass by here tomorrow, by your life lift these stones. After he had lifted them, he wanted to take them away. He told him, they are mine. Rebbi Ḥiyya bar Abba heard this and said, did not the Elder Rebbi Ḥiyya state this? But since he had heard it from him, he reinforced and fixed it.

Rebbi Ḥiyya bar Ashi in the name of Rav: Rebbi was sitting and teaching his son Rebbi Simeon. The Gentile annuls his own idol and that of his neighbor. He said to him, when you still were in full mental powers you quoted Tannaim stating that a Gentile annuls his own idol and that of a Jew. He answered him, no, my son. An idol which a Jew had worshipped can never be annulled. And it was stated so: “Rebbi Simeon ben Menassia says, an idol which a Jew had worshipped can never be annulled.” Rav stated in the name of the reason of this Tanna: Cursed be the man who makes a hewn or molten image, forever.

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

It is written, do not make idols for yourselves, statue and stele you shall not erect for yourselves. Is not making the same as erecting? Rebbi Hila said, making is from new; erecting, if it falls down one shall not re-erect it. It is written, you shall tear down their altars and break their steles. From where to apply one to the other? Rebbi Abun bar Ḥiyya said, it was said to refer to both sides; either breaking, or cutting down, or tearing down for each of them.

Simeon bar Ḥiyya was instructing Ḥiyya bar Rav. Starting when does a Gentile make libation wine? He told him, from when he knows the nature of idol worship. (Rav Joshia left) [Rav put out his head] from the curtain and told him, you may say this if one buys grapes from the Gentile. But the Gentile proper makes libation wine when he is one day old.

Simeon bar Ḥiyya was instructing Ḥiyya bar Rav. Starting when does a Gentile make libation wine? He told him, from when he knows the nature of idol worship. (Rav Joshia left) [Rav put out his head] from the curtain and told him, you may say this if one buys grapes from the Gentile. But the Gentile proper makes libation wine when he is one day old.

Rebbi Ḥiyya and Rebbi Immi. One said, “plough it well; then I will rent it from you after the Sabbatical.” The other one said, “may you succeed.” For him who said, plough it well; then I will rent it from you after the Sabbatical, what means “one greets them”? “May you succeed.” But he who said that one says to a Gentile, may you succeed, what means that one greets Jews? “Peace be on you.”

Rebbi Jeremiah in the name of Rebbi Ḥiyya bar Abba. One who mixes wine, with hot water it is forbidden, with cold water it is permitted. It should come over me, if I ever did this. Rebbi Yasa went to Tyre. He saw them drinking wine with hot water and an Aramean was mixing. He told them, what did allow you?

Rebbi Aḥa went to Emmaus and ate something made in boiling water. Rebbi Jeremiah ate pickles. Rebbi Ḥizqiah ate locusts. Rebbi Abbahu forbade their wine on the testimony of Rebbi Ḥiyya, Rebbi Assi, and Rebbi Immi who went up King’s Mountain and saw a Gentile who was suspected because of wine. They came and said it before him. He told them, but not as a pretext. But some say, one Sabbath eve no wine was found in all of Samaria. When Sabbath ended, it was found full from what the Arameans brought and the Samaritans accepted from them. But some say, when King Diocletian came here he decided and said, all peoples have to offer libations except the Jews. The Samaritans offered libations and their wine was forbidden. But some say, they have a kind of dove and they offer libations to it.

So far when they fell in one after the other. What can one say if they fell together? Let us hear from the following: “When is leavened matter of Samaritans permitted after Passover? Of private persons after three weekly bakings, of city bakers after three days, of rural ones after three baking loads.” Rebbi Simeon ben Eleazar says, even when they said of private persons after three weekly bakings, if he was an important personality or he married off his son, if he baked three loads in one week one after the other it is permitted. Even when they said of (rural) [city] bakers after three days, if he was under pressure and baked three loads one after the other, it is permitted. It was stated: Rebbi Simeon says, even when they said of rural bakers after three baking loads, it is forbidden at least three days since in the morning he prepares sourdough for the entire day.” Does the second dough not become sour from forbidden and permitted? And Rebbi Jeremiah said in the name of Rebbi Simeon ben Laqish, who is the Tanna of “the leavened matter of the Samaritans”? Rebbi Eliezer! And Rebbi Yose said to Rebbi Ḥanina Eyntanaya: Do you remember that you and Rebbi Jeremiah were instructing in the name of Rebbi Simeon ben Laqish, who is the Tanna of “the leavened matter of the Samaritans”? Rebbi Eliezer! But here we do not instruct so but Rebbi Hila in the name of Rebbi Simeon ben Laqish, they treated leavened matter of the Samaritans following Rebbi Eliezer. In addition from the following:: Rebbi Ḥananiah bar Rebbi Abbahu said, my father had a case; he sent to Rebbi Ḥiyya, and Rebbi Immi, and Rebbi Yasa, and they instructed him following Rebbi Eliezer. How? Would they instruct following an isolated opinion? No, since they treated leavened matter of the Samaritans following Rebbi Eliezer.

HALAKHAH: “A wine press of stone which a Gentile had pitched,” etc. Our Mishnah is Rebbi’s. “One of wood, Rebbi said he shall wipe it dry but the Sages say he must remove the pitch.” For pottery it is not following Rebbi, as it was stated: A Gentile’s wine-press, bucket, and funnel, Rebbi permits but the Sa (say). Rebbi agrees that pitchers are forbidden. Why are these forbidden and those permitted? These one fills with it, the others one does not fill with it. Rebbi Yose in the name of Rebbi Joḥanan: practice follows Rebbi. If a Gentile pitched a papyrus vessel. Rebbi Yose ben Rebbi Abun in the name of Samuel, practice follows Rebbi. It is the disagreement of Rebbi and the Sages, as we have stated: “If somebody’s wine-press was impure and he wants to purify it, the brooms, the planks, and the lentil one rubs dry and they are pure. The wicker-work of wood splinters, or of hemp, or of wood, or of bark, of threads, of bast, one lets age a full twelve months; Rabban Simeon ben Gamliel said, from one olive pressing to the next, from one wine pressing to the next. Rabban Simeon ben Gamliel said, if he wants to purify it immediately, he puts it for a period in a pipe where water streams, or in a brook whose water flows. Just as one wipes dry for purity so one wipes dry for libation wine.” How much is a period? Rebbi Yose in the name of Rebbi Joḥanan, half a day or half a night. Rebbi Ḥiyya stated, either a day or a night. Do they disagree? But one when day and night are equal, the other when day and night are unequal.

HALAKHAH: “Witnesses become plotters,” etc. Rebbi Abba bar Mamal: Only if he was killed. But not if he was not killed. That is what we have stated: “Only the first group is executed.” Rebbi Abun bar Ḥiyya asked before Rebbi Zeˋira: If they were standing, testifying that he killed a person in Lydda. Others came and told them, how can you testify since you were with us in Caesarea on the fifth of the month? Then others came and told them, how can you testify since you were with us in Sepphoris on the tenth of the month? The murderer cannot be executed since possibly they are plotting witnesses. The witnesses cannot be executed since possibly they are telling the truth.

Rebbi Yose ben Ḥanina said, if he was splitting wood in his courtyard, when a worker entered to collect his wages, and a splinter ricocheted and injured him, he is liable. If he died, he does not go into exile, for it is not like a forest. Rebbi Ḥanina stated, he is not liable. They do not disagree. What Rebbi Yose ben Ḥanina said, when they did not see him. But what Rebbi Ḥiyya stated, when they saw him. When they did not see him, from the moment he told him: enter, should he not be liable? Rebbi Ḥiyya stated, he is not liable. Since he told him: enter, he has to take precautions. Some would say, since he told him to enter, it becomes like the courtyard of partners. Rebbi Ḥiyya in the name of Rebbi Joḥanan: Partners acquire from one another in a courtyard; they object to one another in a courtyard, and are mutually liable for damages. But did not Rav say, if he filled the entire public domain? This did not fill the entire public domain! Since they usually walk in the entire domain, it is as if he had filled the entire domain.

Rebbi Yose ben Ḥanina said, if he was splitting wood in his courtyard, when a worker entered to collect his wages, and a splinter ricocheted and injured him, he is liable. If he died, he does not go into exile, for it is not like a forest. Rebbi Ḥanina stated, he is not liable. They do not disagree. What Rebbi Yose ben Ḥanina said, when they did not see him. But what Rebbi Ḥiyya stated, when they saw him. When they did not see him, from the moment he told him: enter, should he not be liable? Rebbi Ḥiyya stated, he is not liable. Since he told him: enter, he has to take precautions. Some would say, since he told him to enter, it becomes like the courtyard of partners. Rebbi Ḥiyya in the name of Rebbi Joḥanan: Partners acquire from one another in a courtyard; they object to one another in a courtyard, and are mutually liable for damages. But did not Rav say, if he filled the entire public domain? This did not fill the entire public domain! Since they usually walk in the entire domain, it is as if he had filled the entire domain.

Rebbi Yose ben Ḥanina said, if he was splitting wood in his courtyard, when a worker entered to collect his wages, and a splinter ricocheted and injured him, he is liable. If he died, he does not go into exile, for it is not like a forest. Rebbi Ḥanina stated, he is not liable. They do not disagree. What Rebbi Yose ben Ḥanina said, when they did not see him. But what Rebbi Ḥiyya stated, when they saw him. When they did not see him, from the moment he told him: enter, should he not be liable? Rebbi Ḥiyya stated, he is not liable. Since he told him: enter, he has to take precautions. Some would say, since he told him to enter, it becomes like the courtyard of partners. Rebbi Ḥiyya in the name of Rebbi Joḥanan: Partners acquire from one another in a courtyard; they object to one another in a courtyard, and are mutually liable for damages. But did not Rav say, if he filled the entire public domain? This did not fill the entire public domain! Since they usually walk in the entire domain, it is as if he had filled the entire domain.

If somebody had selected his purification sacrifice when he became a deaf-mute, or insane, or an apostate, or the Court rules that fat may be eaten, Rebbi Joḥanan said, his sacrifice of purification is pushed aside, Rebbi Simeon ben Laqish said, his sacrifice of purification is not pushed aside. Rebbi Yose ben Rebbi Abun said, Rebbi Aḥa switches traditions, to avoid that a word of Rebbi Joḥanan contradict his own word. For Rebbi Simeon bar Abba said in the name of Rebbi Joḥanan: One sprinkles the blood of a purification sacrifice or a reparation sacrifice for a person [terminally ill]. The Rebbi of Caesarea said, Rebbi Ḥiyya and [Rebbi] Immi, [one] switches and one says like [this] Tanna.

In Rebbi Aqiba’s opinion it remains a doubt. Rebbi Abun bar Ḥiyya said, if he stands between two domains, between two domains of the Land of Israel and domains of the Land of Israel.

But would you not have eliminated the entire notion of one who watches a day for the next day? If they said, the night is permitted but the day is forbidden. Would you not have eliminated the entire notion of bending? Samuel bar Abba said, if they said, one cubit is permitted but two are forbidden. Would you not have eliminated the entire notion of prostrating? If they said, it is permitted to prostrate oneself but forbidden to sink down. Would you not have eliminated the entire notion of taking out? Rebbi Samuel ben Rav Isaac said, if they said, one dried fig is permitted but two dried figs are forbidden. This follows him who said that bringing in and taking out are the same. But for him who said that bringing in and taking out are two notions, would you not have eliminated the entire notion of bringing in? Rebbi Yose said, not that they said that it was permitted to eat fat; they knew that it is forbidden to eat fat, but the Torah gave permission to the Court to instruct. Rebbi Abun bar Ḥiyya asked, the [amount of] an olive today and of two olives tomorrow? What about a prophet and seducer? I could think that if they said to you, do not put on phylacteries today, put them on tomorrow, that you should listen to them. The verse says, to walk in them, in all of them, not only in part of them; you would have eliminated the notion of that entire day. You can say that this is not elimination of the entire subject. And here it is not elimination of the entire subject. Rebbi Mana understood it from the following; Samuel bar Abba said, if they said, one cubit is permitted but two are forbidden. You can say that this is not elimination of the entire subject. And here it is not elimination of the entire subject.

HALAKHAH: “If the Court ruled and all the public acted,” etc. Who stated “a majority”? Rebbi Meïr, as it was stated: Either half of the tribes or half of each tribe, if only it be a majority. Rebbi Jehudah says, half of each tribe, but only a majority of entire tribes. One tribe drags all tribes. Rebbi Meïr says, all tribes are called “the public”. Rebbi Jehudah says, each single tribe is called “public”. And Rebbi Simeon follows Rebbi Jehudah. Just as Rebbi Jehudah said, each single tribe is called “public”, so Rebbi Simeon says, each single tribe is called “public”. What is between them? Dragging. Rebbi Jehudah says, one tribe drags all tribes. Rebbi Simeon says, one tribe does not drag all tribes. [Even though Rebbi Jehudah says, one tribe drags all tribes,] he agrees that only if the ruling came from the ashlar hall. Rebbi Yose said, the reason of that Tanna: From this place which the Eternal will choose. Rebbi Abun in the name of Rebbi Bejamin ben Levi: The verse supports him who said that each tribe is called “public”, as it is written: A people and a public of peoples will come from you, and Benjamin was not yet born. Rebbi Ḥiyya bar Abba said, just as they differ here, so they differ about impurity, as we have stated: If the public was half pure and half impure; pure [people] celebrate the first [Passover] and impure the second. Rebbi Jehudah said, the pure ones celebrate for themselves, and the impure ones celebrate for themselves. They told him, there is no split Passover; either all celebrate in impurity or all celebrate in purity. Who is “they told him”? Following Rebbi Jehudah? As it was stated: “If one of the loaves or one of the (leftovers) [orders] became impure, Rebbi Jehudah said, both have to be brought to be burned for a public offering cannot be split. But the Sages say, the impure in its impurity, and the pure shall be eaten.” Rebbi Yose ben Rebbi Abun said in the name of Rebbi Joḥanan, who is “they told him”? The Sages who argue like Rebbi Jehudah.

Rebbi Joḥanan asked: If one of the public died, can it be brought in his stead? They answered, is it not written, those who came from captivity? Is a purification offering an elevation offering? But just as an elevation offering is not eaten, this purification offering was not eaten. Rebbi Jehudah says, they brought it for idolatry; Rebbi Ḥizqiah, Rebbi Jeremiah, Rebbi Ḥiyya in the name of Rebbi Joḥanan, it was a temporary ruling. Rebbi Jeremiah (learned) [did not say] so but the bull needs laying on of hands by the Elders while the goats of idolatry do not need laying on of hands by the Elders. By whom? Rebbi Jeremiah wanted to say, by Aaron and his sons. Rebbi Yose told him, Rebbi Ḥiyya also stated, he shall put his hands on, they shall put their hands on, to include the goats of idolatry for laying on hands but not by the Elders. Rebbi Yose (learned) [did not say] so but the living [goat] needs laying on of hands by Aaron, but the goats of idolatry do not need laying on of hands by Aaron. It is written so, “Aaron shall lean with both his hands on the living goat’s head; the living [goat] needs laying on of hands by Aaron, but he goats of idolatry do not need laying on of hands by Aaron.” What does Rebbi Jeremiah do with this? He explains it, for a common priest.

Rebbi Joḥanan asked: If one of the public died, can it be brought in his stead? They answered, is it not written, those who came from captivity? Is a purification offering an elevation offering? But just as an elevation offering is not eaten, this purification offering was not eaten. Rebbi Jehudah says, they brought it for idolatry; Rebbi Ḥizqiah, Rebbi Jeremiah, Rebbi Ḥiyya in the name of Rebbi Joḥanan, it was a temporary ruling. Rebbi Jeremiah (learned) [did not say] so but the bull needs laying on of hands by the Elders while the goats of idolatry do not need laying on of hands by the Elders. By whom? Rebbi Jeremiah wanted to say, by Aaron and his sons. Rebbi Yose told him, Rebbi Ḥiyya also stated, he shall put his hands on, they shall put their hands on, to include the goats of idolatry for laying on hands but not by the Elders. Rebbi Yose (learned) [did not say] so but the living [goat] needs laying on of hands by Aaron, but the goats of idolatry do not need laying on of hands by Aaron. It is written so, “Aaron shall lean with both his hands on the living goat’s head; the living [goat] needs laying on of hands by Aaron, but he goats of idolatry do not need laying on of hands by Aaron.” What does Rebbi Jeremiah do with this? He explains it, for a common priest.

Rebbi Zeˋira in the name of Rav Ḥisdai. There, it was stated: “If the Court ruled, and they themselves acted, and they realized what they ruled about. If they erred in what they ruled, would they be liable? The verse says, if the sin became known, not that the sinners became known.” Anyway you take it, if about fat [ they ruled they are liable, if about Sabbath they ruled they are liable. Rebbi Abun bar Ḥiyya said, this follows Rebbi Eliezer; it does not follow Rebbi Joshua. Rebbi Yose said, but] it follows Rebbi Joshua if they ruled and they did not know whether about idolatry or about any other commandment. If about idolatry by a bull, if about any other commandment a goat. Since it is in doubt whether a bull or [a bull and] a goat, it is a difference in sacrifice and he is not liable.

One anoints kings only at a spring, as it was said: Let Solomon, my son, ride on my mule and take him down to the Giḥon; there Ṣadoq the priest and Nathan the prophet shall anoint him as king over Israel. One anoints kings only because of disputes. Why was Solomon anointed? Because of the dispute of Adoniahu, Joash because of Athaliah, Jehu because of Joram. Is it not written, do anoint him, for this one is it, this one needs anointing, but the kings of Israel do not need anointing? But did not Josiah hide it? That means that they anointed with balsamum. Joaḥaz because of his brother Joakin who was two years his elder. One anoints kings only from a horn. Saul and Jehu were anointed from a can because their kingdom was temporary; David and Solomon were anointed from a horn because their kingdom was permanent. One does not anoint priests as kings. Rebbi Jehudah Antordiya said, because of the scepter shall not be removed from Jehudah. Rebbi Ḥiyya bar Abba said, because of he shall have many days of his kingdom, he and his sons in the midst of Israel. What is written after that? The levitic Cohanim should not.

And from where that he officiated in eight? Rebbi Abba bar Ḥiyya in the name of Rebbi Joḥanan: And Aaron’s holy garments shall be for his descendants in his stead. Why does the verse say, in his stead? For greatness after him. And from where that he was asked in eight? Rebbi Jeremiah, Rebbi Immi in the name of Rebbi Joḥanan: And Aaron’s holy garments shall be for his descendants in his stead. Why does the verse say, in his stead? For holiness after him. In what was he asked? They brought it, רבבהו, a Mishnah of Bar Qappara came from the South which stated: He officiates neither in the four of a common priest nor in the eight of a High Priest. Rebbi Abba said, it would be logical that he officiate in four. Why did they say that he did not officiate? Lest people say, we saw a simple priest who sometimes officiated in eight like a High Priest. Rebbi Jonah said, would he not officiate inside and would he not be asked outside? Does one err between inside and outside? But did Rebbi Tarphon, the teacher of all of Israel, not err between blowing for assembly and the blowing for a sacrifice? As it is written: The descendants of Aaron, the priests, shall blow the trumpets, blameless ones, not with bodily defects, the words of Rebbi Aqiba. Rebbi Tarphon said to him, I would hit my sons if I did not see Simeon, my mother’s brother, lame in one of his legs, standing in the Temple court with his trumpet in his hand and blowing! Rebbi Aqiba answered him, maybe you saw him only at the time of assembly; but I was saying, at the time of sacrifices. Rebbi Tarphon said to him, I would hit my sons but you did not deviate right or left. I am the one who heard but I could not explain. You derive it and agree with tradition. Therefore, anybody who separates from you is as if he separated himself from his life.

The priest shall atone who was anointed. Since the entire chapter is said about Aaron, from where [to include another priest? The verse says, who was anointed;] not only the anointed with the anointing oil; from where the one clothed in multiple garb? The verse says, who was inducted into office. And from where another who was appointed? The verse says, the priest shall atone. How is he being appointed? The rabbis of Caesarea in the name of Rebbi Ḥiyya bar Joseph, by mouth. Rebbi Zeˋira said, this implies that one may ordain Elders by word of mouth. Rebbi Ḥiyya bar Ada said, a Mishnah says so: “Recant the four things that you are used to say and we shall make you president of the Court for Israel.”

The priest shall atone who was anointed. Since the entire chapter is said about Aaron, from where [to include another priest? The verse says, who was anointed;] not only the anointed with the anointing oil; from where the one clothed in multiple garb? The verse says, who was inducted into office. And from where another who was appointed? The verse says, the priest shall atone. How is he being appointed? The rabbis of Caesarea in the name of Rebbi Ḥiyya bar Joseph, by mouth. Rebbi Zeˋira said, this implies that one may ordain Elders by word of mouth. Rebbi Ḥiyya bar Ada said, a Mishnah says so: “Recant the four things that you are used to say and we shall make you president of the Court for Israel.”

Rebbi Abbahu in the name of Rebbi Eleazar: “Deep sorrow” is only for the dead, for it is written: Its gates are in deep sorrow and mourning. Rebbi Ḥiyya bar Ada objected: Is it not written: the fishermen are in deep sorrow,mourning are all who throw a fish-hook into the Nile? Rebbi Ḥanina said, so is the baraita: there is no deep sorrow in impurity except for the dead. It was stated: “What is deep sorrow? From the moment of death until the moment of burial, the word of Rebbi. But the Sages say, the entire day.” It turns out that one describes leniencies and stringencies following Rebbi, leniencies and stringencies following the rabbis. What is the difference between them? If someone died and was buried within the hour. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden only that hour. If the person died and was buried after three days. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden up to three days. There came Rebbi Abbahu in the name of Rebbi Joḥanan, and Rav Ḥisda, both of whom said that Rebbi agrees with the Sages that he is forbidden only during the first day, as it was stated: Rebbi said, you know that deep mourning in the night is not biblical, since they said, “the deep mourner immerses himself and eats his Passover sacrifice in the evening.” But they said, deep mourning during daytime is biblical. Rebbi Yose ben Rebbi Abun in the name of Rebbi Huna: Explain it that the person was buried close to sundown and one cannot infer anything.

Rebbi Ḥiyya bar Abba held a pledging for a certain house of study at Tiberias. There was one there of the family of Bar Silene, who pledged a pound of gold. (The Elder Rebbi Ḥiyya) [Rebbi Ḥiyya bar Abba] took him, made him sit with him, and recited for him this verse: The gifts of a man put him at ease, etc.

Rebbi Ḥiyya bar Abba held a pledging for a certain house of study at Tiberias. There was one there of the family of Bar Silene, who pledged a pound of gold. (The Elder Rebbi Ḥiyya) [Rebbi Ḥiyya bar Abba] took him, made him sit with him, and recited for him this verse: The gifts of a man put him at ease, etc.

Rebbi Ḥiyya bar Abba held a pledging for a certain house of study at Tiberias. There was one there of the family of Bar Silene, who pledged a pound of gold. (The Elder Rebbi Ḥiyya) [Rebbi Ḥiyya bar Abba] took him, made him sit with him, and recited for him this verse: The gifts of a man put him at ease, etc.

Who is the teacher who taught him wisdom? The one who taught him first, the words of Rebbi Meïr. Rebbi Jehudah said, the one from whom he received most of his instruction. Rebbi Yose said, anyone who explained a Mishnah to him.” Rebbi Abbahu came in the name of Rebbi Joḥanan: Practice follows him who said, the one from whom he received most of his instruction. Why did he not explain that this follows Rebbi Jehudah? There are Tannaïm who state it switched. Rebbi Eleazar tore his garment for his first teacher. Samuel took off [his phylacteries] for one who had explained a Mishnah to him. What Mishnah did he explain to him? Rebbi Yose ben Rebbi Abun said, “for one key he has to go down to his arm-pit and one opens straight.” What means “for one he has to gown to his arm-pit,” he had to lower his hand under his arm-pit until it could be opened. Rebbi Ḥanania was leaning on Rebbi Ḥiyya bar Abba in Sepphoris, when he saw everybody running. He asked him, why is everybody running? He answered, Rebbi Joḥanan is sitting preaching in Rebbi Banaia’s house of study and everybody is running to hear him. He said, praised be the Merciful Who showed me fruits while I am alive. In Agadah I explained him everything except Proverbs and Ecclesiastes.

Huna bar Ḥiyya said, the 24 hours which were quoted refer to sacrifices but not to pure food. Rav Ḥisda objected, was it not stated: “It happened with a girl in Aitlo that she missed for three periods and then had a period. When the case came before the Sages, they said that her timing is exact.” Are there sacrifices in Aitlo? But it must be food prepared in the purity of sacrifices! Is that not really profane food? Explain it if it was prepared in the purity of purifying water, since purifying water has more restrictive rules than sacrifices.

How long is it until a pregnancy is recognized? Symmachos said in the name of Rebbi Meïr: After three months. Even though it is no proof, there is a hint: “It was after about three months, etc.” Rebbi Yudan said, even for a phantom pregnancy, “we were pregnant, we were sick, as if we gave birth to wind,” “get pregnant with dry grass, give birth to straw”, etc. Rebbi Ze‘ira, Rebbi Abba bar Zuṭra said, Rebbi Ḥanina in the name of the Great Rebbi Ḥiyya: Even most of the first, most of the last, and the middle one complete. Assi said, a full 90 days. Samuel said, they in their fulness. A case came before the rabbis there; we do not know if thirteen of the first and seventeen of the last or seventeen of the first and thirteen of the last, and five complete ones in the middle; they wanted to touch the child because of a doubt of bastardy. Rav Naḥman bar Jacob told them, such a case came before Abba bar Abba and he declared it acceptable. Does Abba bar Abba disagree with his son Samuel? Rebbi Abba said, there is a difference between recognizing a pregnancy and giving birth. A pregnancy is recognized after full months, a birth can happen after fractional months. There, we have stated: “How long can labor be? Rebbi Meïr said, even 40 to 50 days. Rebbi Jehudah said, her month is sufficient. Rebbi Yose and Rebbi Simeon say, no labor lasts longer than two weeks.” Rebbi Yose in the name of Rebbi Abba: This implies that a woman gives birth after fractional months. Since otherwise one should have stated “thirty days”. Rebbi Yose ben Rebbi Abun in the name of Samuel: This implies that a woman gives birth after full months. Since we have stated: “Her month is sufficient.”

Rav Ḥiyya bar Ashi was sitting before Rav who saw him disturbed. He said to him, what is the matter? He said to him, my female donkey is pregnant and will give birth; then I have to get her to copulate before she is out of heat. He said to him, when did the male mount her? He said, on day X. He calculated and said, she still has some time until then. It was stated so: A quick one does not need less than the days of the moon and one who is late is not later than the days of the sun. The words of Rebbi Joshua disagree, since Rebbi Joshua ben Levi said, the cattle herd of Antoninus passed by and those of the house of Rebbi took bulls from them to copulate. Some cows gave birth soon and some of them later. Here it is about an impure animal, there about a pure animal. But is it not written, “do you know the time the mountain goats will give birth, watch the birthing of gazelles,” “count months, make them complete, you will know the time of their giving birth.” He told him: A pure wild animal is like a domestic impure animal.

HALAKHAH: “What is an old woman,” etc. Rebbi Meïr says, the blood disappears because of the milk. Rebbi Yose says, the blood disappears because of the pain. You find a leniency and a stringency following Rebbi Meïr, and a leniency and a stringency following Rebbi Yose. A leniency following Rebbi Meïr, for if the baby was continuing to suckle for four ot five years, her timing continues exact. And a stringency, if she handed her child to a wet-nurse or it died, she [makes impure] for 24 hours. A leniency for Rebbi Yose, for if she handed her child to a wet-nurse or it died, her timing is exact. And a stringency, for if the baby was continuing to suckle for four ot five years, it is forbidden after 24 months. But did not Rebbi Meïr say, she makes impure for 24 hours? When? Immediately or if the baby stops and cannot start again? Let us hear from the following: “A baby can nurse until 24 complete months, after that it is as if an abomination suckled, the words of Rebbi Eliezer. Rebbi Joshua said, a baby can nurse even four or five years; this is permitted. If he stopped, one cannot return him.” How long? Rebbi Jacob bar Aḥa, Rebbi Ḥiyya in the name of Rebbi Joḥanan: up to 24 hours. Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi Simeon ben Laqish, up to three times 24 hours. When was this said? If he stopped when healthy. But if he stopped because of sickness, one can return him immediately. And for a baby which was not in danger. But a baby who was in danger one can return him immediately even after a longer time.

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

What is the period that is counted for her? An average period. Rebbi Simeon ben Laqish in the name of Rebbi Yudan Neśia: One gives her 30 days as average period. Can she not have a personal period? Since it cannot be verified by blood, she has no period. Should she [become impure] by stains? Hizqiah said, since you made her a full water pitcher, she has stains. Samuel said, even if the entire bedsheet is full of drops of blood she has no stains. Rebbi Joḥanan in the name of Rebbi Yannai: Even if she bled a hundred times, she has no stains. How long? Until she reaches the age of puberty. What is the age of puberty? When she grows two pubic hairs. Rebbi Abba, Rebbi Ḥiyya, Rebbi Joḥanan in the name of Rebbi Simeon ben Yoṣadaq: Her spittle is pure, what she sits on is pure, what she touches in the public domain is pure. They interpreted this: no 24 hours.

If she checked and deposited it in a glass box, Rebbi Ḥiyya said, a stain; Rebbi said, an episode of bleeding. Rebbi Ḥiyya objected to Rebbi: Do you not give her the possibility of an explanation? Rebbi Abun bar Ḥiyya said, Rebbi’s reason is that a box is safe from crawling things, it is not safe from lice. Up to the size of a broken bean she explains it; if it is larger, by what can it be explained?

If she checked and deposited it in a glass box, Rebbi Ḥiyya said, a stain; Rebbi said, an episode of bleeding. Rebbi Ḥiyya objected to Rebbi: Do you not give her the possibility of an explanation? Rebbi Abun bar Ḥiyya said, Rebbi’s reason is that a box is safe from crawling things, it is not safe from lice. Up to the size of a broken bean she explains it; if it is larger, by what can it be explained?

If she checked and deposited it in a glass box, Rebbi Ḥiyya said, a stain; Rebbi said, an episode of bleeding. Rebbi Ḥiyya objected to Rebbi: Do you not give her the possibility of an explanation? Rebbi Abun bar Ḥiyya said, Rebbi’s reason is that a box is safe from crawling things, it is not safe from lice. Up to the size of a broken bean she explains it; if it is larger, by what can it be explained?

HALAKHAH: Abba bar Jeremiah, Cahana in the name of Samuel: Any woman without a definite period is forbidden to her house unless she checked herself. But did we not state: “All women are presumed pure for their husbands.” He explains it, for those who come from a trip. But did we not state: “The wives of men coming from a trip are presumed pure”? Rebbi Abun bar Ḥiyya said, explain it if he came and found her awake. But was it not stated: Whether he found her awake or found her sleeping. Rebbi Abba said, explain it if he left her in a state of purity. {What is the period that is counted for her? Rebbi Simeon ben Laqish said: One gives her 30 days as average period.} Rebbi Joḥanan said, I am stating that it is permitted even after three years, but only for a woman who has a regular period. Rebbi Abbahu said, only if it was seven days after the onset of her period. Are you not worried that maybe she did not immerse herself? Rebbi Ḥanina said, that means that it is forbidden for a woman to stay in her impurity. Samuel bar Abba asked: Even if it was certain that she had given birth? Rebbi Yose said, so we are saying, even if she became impure. But since her prior state was invalidated when she gave birth, so her prior state was invalidated when she became impure.

“The House of Shammai say, she needs two cloths for each intercourse or she should have sex by candle light.” But was it not stated: The person who engages in sex by light is blameworthy? So is the Mishnah: She may have sex and [then] check by candle light. Rebbi Ze‘ira, Rav Ḥiyya bar Ashi in the name of Rav: If she had intercourse using a cloth, she is forbidden to her house. Rebbi Ze‘ira said, if her proof exists, she is permitted; if there is no proof, not so much more? Rebbi Yose said, there, you can determine the facts; here, you cannot determine the facts.

If she saw on the bedsheet, is she trustworthy if she says, it looked like such and such? Rebbi Abba in the name of Rav Jehudah; Rebbi Ḥelbo, Rebbi Ḥiyya in the name of Rebbi Joḥanan: if she saw on the bedsheet, she is trustworthy if she says, it looked like such and such. It was stated so: She is trustworthy. I could think that in the same way she shows the looks of her stain so she shows the looks of skin disease, the verse says: “He shall be brought to Aaron the priest or to one of his descendants, the priests.”

Rebbi Ḥanina the son of Rebbi Abbahu said, Rebbi Meïr’s reason is that “shaping” is written for them as for humans. “The Eternal God shaped man as dust from the earth.” Rebbi Immi asked, because “shaping” is written for them as for animals, “the Eternal God shaped from the earth all animals of the field and the birds of the sky”? But is it not written “for behold the Shaper of mountains and Creator of wind”? Then, if she has a miscarriage in the shape of a mountain, she should be impure because of birth! There is a difference, for shaping is not written for them in the Creation story. Rebbi Yasa in the name of Rebbi Joḥanan: Because they look forward as humans do. Abba bar bar Ḥana said in the name of Rebbi Joḥanan: Because they walk forward as humans do. Rebbi Abun bar Ḥiyya objected: Did we not state, “if his eyeball is round like that of a human,” is that not a defect? Rebbi Yose said, did we not state, look forward; did we not state, walk? What about it? Human eyeballs are round, animal eyeballs are elongated. Rebbi Yose ben Rebbi Abun said, human eyes have more white than black, animal eyes have more black than white.

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

Rav Jehudah asked Samuel: Since I am learned, can I judge the signs of an amnion? He said to him, your head’s head can be scalded by boiling water, you should not be scalded even by lukewarm water. Rebbi Ḥiyya in the name of Rebbi Joḥanan, we do not rely on women who say, its completion would have been male, its completion would have been female. Rebbi Jacon bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan: A woman is trustworthy if she said, I gave birth or I did not give birth. But she is not trustworthy if she says, it was male or it was female.

HALAKHAH: “If a woman miscarried a sole or a placenta,” etc. Rebbi Abba in the name of Rav Jehudah: There only is a sole because it was weighed down by a living [fetus]; it comes out not with a living but with a dead [child]. Rebbi Abun bar Ḥiyya objected: did we not state, “if a woman miscarried a sole or a placenta, she should observe for male and female birth”? That means, it is a child! Rebbi Huna said, I explained it before Rebbi Jeremiah. Explain it if the child was born through the wall of the womb and the sole from the womb. The child within fulfilling, the sole after fulfilling. The child before she converted, the sole after she converted. But even you may say, both were born from the womb, both were born after she converted. Explain that the child was born first and she designated a sacrifice for it. Before she could bring the sacrifice, the sole came out and the first sacrifice was pushed away. It turns out that she brings the sacrifice for the sole.

Rebbi Joḥanan said, this follows Rebbi Simeon, since Rebbi Simeon said, the child was dissolved before it came out. Rebbi Joḥanan said, Rebbi Simeon agrees that he causes his mother the days of birth. Then the house should be impure? Rebbi Abun bar Ḥiyya said, explain it if it came out partially dissolved. Rebbi Simeon said to the Sages: Do you not agree with me that if the basin is carried from the inner to an outer room it is pure? They said to him, because it becomes scrambled. He said to them, this one is already scrambled. What is the rule about vessels which were there at the time of delivery? Let us hear from the following which we stated there: “Rebbi Eliezer ben Jacob says, if a cow brought forth a cake of blood, that should be buried and she is freed from the rule of firstlings.” It was stated on this: It does not bring impurity by being carried. Rebbi Joḥanan said, Rebbi Simeon and Rebbi Eliezer ben Jacob said the same thing. This implies that vessels which were there at the time of delivery are pure.

R. Tanḥum son of R. Ḥiyya of Kefar 'Akko said: Rain is not withheld unless the enemies of Israel have been condemned to destruction, as it is said (Job, 24, 19): "Drought and heat consume the snow waters, so doth the nether-world those that have sinned." Said Ze'iri of Dahabat to Rabina: You derive this teaching from that verse, we derive it from this (Deut., 11.17): "And He will shut up the heaven, that there be no rain, etc., and ye perish quickly."

R. Johanan said: He who conducts himself righteously here below is judged strictly in the heaven above, as it is said, "Truth springeth out of the earth and righteousness hath looked down from heaven." R. Ḥiyya b. 'Abba derives this lesson from this verse (Ps., 90.11): "And Thy wrath according to the fear that is due unto Thee." Resh Laḳish derives it from this verse (Is., 64.4): "Thou didst take away him that joyfully worked righteousness."

R. Samuel b. 'Idi, R. Huna b. Manoah and R. Ḥiyya of Vastania used to study under Raba. After Raba's death they studied under R. Papa. Whenever the latter taught them something which did not appeal to them, he noticed that they were winking to one another. R. Papa therefore felt discouraged,

A Baraita reads: Ḥananiah said, in the diaspora we must wait until the sixtieth day after the autumnal equinox. R. Huna b. Ḥiyya said in the name of Samuel, the law follows Ḥananiah. This cannot be so! For when Samuel was asked when we must begin to say: "And give dew and rain," he replied: From the time when the employees of Ṭabūt the Fowler begin to carry in the twigs! Answer: Both of these time-limits may be the same.

R. Judah said in the name of Rab, who received it from R. Ḥiyya: One who travels on the road must not eat more than one eats in years of famine. What is the reason therefor? Here (in Babylonia) it was explained that it is in order to prevent disorder of the bowels; in Palestine they said that it is in order to prevent shortage of provisions. Does it make any practical difference what reason we adopt? Answer: The difference arises with regard

R. Judah said in the name of Rab, who said it in the name of R. Ḥiyya: He who denies himself food in years of famine will be saved from an unnatural death, for it is said (Job, 5. 20): "In famine He will redeem thee from death, and in war from the power of the sword." Now, for "In famine He shall redeem thee from death" he should have said "from famine"! The meaning, therefore, is that for denying food to oneself in years of famine one will be saved from an unnatural death.

R. Ḥiyya and R. Simeon b. Rabbi disagree with regard to this matter. One reads yēsar (he bound himself by a vow), the other reads yĕ'ĕsar (is forbidden). If we read yēsar we must understand it in the way we explained it above, but if we read yĕ'ĕsar, we must understand it in accordance with the following Baraita: "'People for whom the time of fasting has arrived because of previous resolutions are required to fast only in case they bound themselves by a vow during prayer.' This means that if an individual has taken upon himself to fast on Mondays and Thursdays of the whole year, and it happens that those days conflict with some of the holidays recorded in the Scroll of Fasts, the following rule is to be observed. If his vow preceded our proclamation of the holidays, our proclamation must be disregarded on account of his vow, but if our proclamation preceded his vow, his vow must be disregarded on account of our proclamation."

What has been decided about the matter? Said R. Samuel b. Sasarṭai in the name of R. Ḥiyya b. 'Ashi, who said it in the name of Rab: The benediction should be inserted between "Redeemer" and "Healer" (of Israel), but R. 'Asi said in the name of R. Jannai b. Ishmael, it should be included in the benediction: "Who hearest prayer," and this is the accepted law.

ordained thirteen fast days, but the prayers were not answered. He therefore intended to ordain more fasts, but R. 'Ami said to him, has it not been said that it is not proper to trouble the community too much? Said R. 'Abba son of R. Ḥiyya b. 'Abba: R. 'Ami was thinking of his own convenience (because he did not want to fast), for thus said R. Ḥiyya b. 'Abba in the name of R. Johanan, that statement (quoted by R. 'Ami) applies only to fasts ordained on account of lack of rain, but in the case of other calamities the people must continue fasting until their prayer is answered. The same was taught in a Baraita: When it was ordained that the people should fast (twice) three days and again seven days, it had reference to drought, but in case of other kinds of calamities they must continue fasting until their prayers are answered. Should we say that this Baraita is a refutation of R. 'Ami? Answer: R. 'Ami can defend himself by replying that the matter is the subject of dispute between different Tannaim, for a Baraita states: No more than thirteen fasts should be enjoined upon the community, as it is not proper to trouble the community too much; this is the opinion of Rabbi; Rabban Simeon b. Gamaliel says, this is not the reason, but it is because (after the thirteen fasts) the time for rainfall is passed.

ordained thirteen fast days, but the prayers were not answered. He therefore intended to ordain more fasts, but R. 'Ami said to him, has it not been said that it is not proper to trouble the community too much? Said R. 'Abba son of R. Ḥiyya b. 'Abba: R. 'Ami was thinking of his own convenience (because he did not want to fast), for thus said R. Ḥiyya b. 'Abba in the name of R. Johanan, that statement (quoted by R. 'Ami) applies only to fasts ordained on account of lack of rain, but in the case of other calamities the people must continue fasting until their prayer is answered. The same was taught in a Baraita: When it was ordained that the people should fast (twice) three days and again seven days, it had reference to drought, but in case of other kinds of calamities they must continue fasting until their prayers are answered. Should we say that this Baraita is a refutation of R. 'Ami? Answer: R. 'Ami can defend himself by replying that the matter is the subject of dispute between different Tannaim, for a Baraita states: No more than thirteen fasts should be enjoined upon the community, as it is not proper to trouble the community too much; this is the opinion of Rabbi; Rabban Simeon b. Gamaliel says, this is not the reason, but it is because (after the thirteen fasts) the time for rainfall is passed.

Why did they go out for these ceremonies to the open place of the town? Said R. Ḥiyya b. 'Abba: Because they wished to say thereby: We have cried privately and were not answered, now let us humiliate ourselves publicly. Resh Laḳish said, they meant to say: We have exiled ourselves from our synagogues, and exile atones for sin. Does it make any practical difference what reason we adopt? The difference arises with regard to a case where the community leave one synagogue and enter another.

It was reported: R. Ḥiyya b. 'Ashi said in the name of Rab, the law is in accordance with R. Jose, but Samuel said, it is in accordance with R. Meir. Did Samuel say so? Is it not stated in a Baraita: R. Simeon b. Gamaliel said: Why is the word behon (בהון = on them) used (in the Scroll of Fasts) twice in succession? In order to indicate that the prohibition applies only to the days specified, but not to the days immediately preceding or following them—to which Samuel remarked that the law is in accordance with R. Simeon b. Gamaliel! Answer: Originally Samuel was of the opinion that there was no authority as lenient in the matter as was R. Meir, and therefore he said that the law is in accordance with R. Meir, but when he heard of the view of R. Simeon b. Gamaliel, who is still more lenient, he said, the law is in accordance with R. Simeon b. Gamaliel. Bali, too, said in the name of R. Ḥiyya b. 'Abba, who had it from R. Johanan: The law is in accordance with R. Jose, whereupon R. Ḥiyya b. Abba said to Bali, I must inform you that when R. Johanan said the law is in accordance with R. Jose, he referred only to those days on which the Scroll of Fasts forbids fasting (but not mourning). Did R. Johanan say so? Did he not say, the law always follows the anonymous opinion of a Mishnah? Now, we read in an anonymous Mishnah: Although it has been decided that under certain circumstances the Megillah of Esther should be read several days before, instead of after, Purim,

It was reported: R. Ḥiyya b. 'Ashi said in the name of Rab, the law is in accordance with R. Jose, but Samuel said, it is in accordance with R. Meir. Did Samuel say so? Is it not stated in a Baraita: R. Simeon b. Gamaliel said: Why is the word behon (בהון = on them) used (in the Scroll of Fasts) twice in succession? In order to indicate that the prohibition applies only to the days specified, but not to the days immediately preceding or following them—to which Samuel remarked that the law is in accordance with R. Simeon b. Gamaliel! Answer: Originally Samuel was of the opinion that there was no authority as lenient in the matter as was R. Meir, and therefore he said that the law is in accordance with R. Meir, but when he heard of the view of R. Simeon b. Gamaliel, who is still more lenient, he said, the law is in accordance with R. Simeon b. Gamaliel. Bali, too, said in the name of R. Ḥiyya b. 'Abba, who had it from R. Johanan: The law is in accordance with R. Jose, whereupon R. Ḥiyya b. Abba said to Bali, I must inform you that when R. Johanan said the law is in accordance with R. Jose, he referred only to those days on which the Scroll of Fasts forbids fasting (but not mourning). Did R. Johanan say so? Did he not say, the law always follows the anonymous opinion of a Mishnah? Now, we read in an anonymous Mishnah: Although it has been decided that under certain circumstances the Megillah of Esther should be read several days before, instead of after, Purim,

It was reported: R. Ḥiyya b. 'Ashi said in the name of Rab, the law is in accordance with R. Jose, but Samuel said, it is in accordance with R. Meir. Did Samuel say so? Is it not stated in a Baraita: R. Simeon b. Gamaliel said: Why is the word behon (בהון = on them) used (in the Scroll of Fasts) twice in succession? In order to indicate that the prohibition applies only to the days specified, but not to the days immediately preceding or following them—to which Samuel remarked that the law is in accordance with R. Simeon b. Gamaliel! Answer: Originally Samuel was of the opinion that there was no authority as lenient in the matter as was R. Meir, and therefore he said that the law is in accordance with R. Meir, but when he heard of the view of R. Simeon b. Gamaliel, who is still more lenient, he said, the law is in accordance with R. Simeon b. Gamaliel. Bali, too, said in the name of R. Ḥiyya b. 'Abba, who had it from R. Johanan: The law is in accordance with R. Jose, whereupon R. Ḥiyya b. Abba said to Bali, I must inform you that when R. Johanan said the law is in accordance with R. Jose, he referred only to those days on which the Scroll of Fasts forbids fasting (but not mourning). Did R. Johanan say so? Did he not say, the law always follows the anonymous opinion of a Mishnah? Now, we read in an anonymous Mishnah: Although it has been decided that under certain circumstances the Megillah of Esther should be read several days before, instead of after, Purim,

'Ilfa and R. Johanan were greatly distressed by poverty and therefore said to one another, let us go into business and thus make true in our own lives the words (Deut., 15. 4): "Howbeit there shall be no needy among you." They then went and sat down under a ruined wall. While eating, R. Johanan overheard one angel saying to another, "Let us throw down the wall upon them and kill them, for they are going to neglect the life everlasting and busy themselves with the life of the moment." The other angel, however, replied, "Let them alone, for one of them has a great future before him." Said R. Johanan to 'Ilfa: "Did you hear anything?" 'Ilfa replied, "No." R. Johanan then said to himself, "I must be the one with the great future before him; I will therefore go back (to my studies) and make true of myself the words (Deut., 15. 11): 'For the poor shall never cease out of the land.'" Before 'Ilfa returned to the city, R. Johanan had been appointed head of the academy, and when 'Ilfa came, the people of the town said to him: "Had you remained here and devoted yourself to study, you would have been made the head." 'Ilfa thereupon climbed up to the top of the mast and said: "If any one will put to me a question regarding a Baraita handed down by R. Ḥiyya and R. 'Osha'ya and I will be unable to answer it by quoting a corroborating parallel from the Mishnah, I will throw myself from the mast into the water and drown." An old man appeared and recited to him the Baraita: If a dying man says (to the trustees of his estate), "Give to my children one sheḳel a week," and it happens that the children need a sela', the trustees may give them a sela', but if he said, "Do not give them more than a sheḳel a week," the trustees are not allowed to give them more than a sheḳel; if the father adds: "In case my children die, others shall inherit the amount in their place," they should give them only a sheḳel, no matter whether the father said, "give them a sheḳel" or "Do not give them more than a sheḳel." "The authority of this Baraita," exclaimed 'Ilfa, "is none other than R. Meir, who holds that it is a religious duty to carry out the request of the dead."

R. Ḥiyya b. Luliani overheard the clouds saying: "Let us pour rain on Ammon and Moab." Said he to them: When the Holy One, blessed be He, offered His Torah to the various nations and tongues they did not accept it, until Israel came and accepted it. Now ye are ready to pass over Israel and pour your rain upon Ammon and Moab! Pour down the rain on the spot below you! And they did so.

R. Ḥiyya b. Luliani once discoursed: Why is it written (Ps., 92. 13): "The righteous shall flourish like the palm-tree; he shall grow like a cedar in Lebanon?" If the righteous is compared to a palm-tree, why is he compared to a cedar, and if he is compared to a cedar why should he be compared to a palm-tree? Because if Scripture had only mentioned the palm-tree and not the cedar, one might have said that just as a palm-tree

Does a cedar produce young shoots? Do we not read in a Baraita: He who buys a tree from his neighbor in order to fell it, must cut it a hand-breadth above the ground; if the tree is a virgin-sycamore, he must cut it three hand-breadths above the ground; and if it is a truncated sycamore, he must cut it two hand-breadths above ground; if he buys reeds and vine, he must cut them above the knot; in case of palm-trees and cedars he may dig deep in the ground and uproot them, because they do not produce young shoots! Answer. In the passage above (of R. Ḥiyya) reference is had to different kinds of cedars, which is in keeping with a statement of Rabbah b. R. Huna; for Rabbah b. R. Huna said that it was taught in the School of Rab: There are ten kinds of cedars, as it is said (Is., 41. 19): "I will plant in the wilderness the cedar, the acacia-tree, and the myrtle, and the oil-tree; I will set in the desert the cypress, the plane-tree and the larch together."