iyya

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, and they report in the name of the old Rebbi Dositheus: He wrote him the following. Here we are sending you a great personality. What is his greatness? He will not be ashamed to say “I did not learn this”.

“Nor the Chariot to one.” Is this still Rebbi Aqiba’s? It is the opinion of everybody, so that a person know how to take care of the glory of his Maker. Did not Rav say, nobody is permitted to pronounce anything (about skin disease) [against his teacher] unless either he saw or he served. How does one proceed? At the start his teacher indicates the topics of the verses and summarizes. Rebbi Ḥiyya in the name of Rebbi Joḥanan: Rebbi had a competent student who explained one Chapter in the Work of the Chariot to which Rebbi did not concur; he was stricken with scabies. This teaching may be compared to two roads, one of fire and the other of snow. If he takes one he dies in fire, if he takes the other he dies in snow. What should he do? Walk in the middle.

Rebbi Jonah [in the name of] Rebbi Abba: It is written, but ask the first days which were before you, I could think before the Creation. The verse says, from the day that God created Man on the Earth. I could think starting with the Sixth Day, the verse says, the first. After the verse added, it subtracted. Therefore we infer from the Sixth. Since the Sixth is particular that it is one of the Six Days of Creation, also you may not bring to me only ones similar to the Sixth. I could think, to know what is higher than heaven and lower than the abyss, the verse says, from end of heaven to end of heaven. But before the world was created you may investigate privately; after the world was created your voice may go from one end of the world to the other end. Bar Qappara stated, “and from the day.” It comes that Rebbi Jehudah bar Pazi parallels Bar Qappara, and what Rebbi Ḥiyya stated parallels Rebbi Abba.

Rebbi Ḥiyya in the name of Rebbi Joḥanan: Rabbinic Sabbath prohibitions shall not be unimportant in your eyes, since leaning on is only a meritorious act and the fathers of the world disagreed about it. Rebbi Yose said, this implies that one has to press down with all his weight. If it were not so we would have to say that it is forbidden to touch an animal on the Sabbath.

HALAKHAH: “Sancta are more stringent than heave,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan, because eaters of heave are vigilant but eaters of sancta are not vigilant. Rebbi Ḥanania said before Rebbi Mana, is that eminence? If it were a thing equal for both but impure for one and pure for the other, that would be eminence. He said to him, explain it if it is connected to sancta. Rebbi La in the name of Rebbi Joḥanan, if the impure was [heavy] a lb. one does not immerse it. Abba Shaul said, also for heave one immerses only a basked or a willow-basket. Rebbi Joḥanan said, Abba Shaul and Rebbi Simeon said the same, as we have stated there, “if one holds a human or vessels and immerses them, they are impure, but if he had rinsed his hands in water they are pure. Rebbi Simeon said, he should hold them loosely so the water may come into them.” Rebbi Joḥanan said, it is reasonable that Rebbi Joḥanan would agree with Abba Shaul but Abba Shaul not with Rebbi Simeon. The rabbis of Caesarea in the name of Rebbi Joḥanan: Practice follows Abba Shaul. It was stated thus: Practice follows his words. Rebbi Jonah said, the Mishnah is Rebbi Meïr’s, but the words of the Sages are that one acts thus even for sancta, since finger-holes are no interior; for vessels of sancta all is interior.

Rebbi Jonah in the name of Rebbi Ḥiyya bar Abba: It happened that seven Elders assembled in the valley of Rimmon. Who were they? Rebbi Meïr, and Rebbi Jehudah, and Rebbi Yose, and Rebbi Simeon, and Rebbi Neḥemiah, and Rebbi Eliezer ben Jacob, and Rebbi Joḥanan the Alexandrian. They said, how many distinctions have sancta compared to heave? Rebbi Meïr says, thirteen. Rebbi Yose says, twelve. Rebbi Meïr said, so I heard from Rebbi Aqiba, thirteen. Rebbi Joḥanan the Alexandrian said, I served Rebbi Aqiba standing more than you served sitting. They said, Rebbi Joḥanan the Alexandrian is a true Alexandrian. They rose kissing, and if any of them had no kaftan, his colleague cut half of his kaftan and gave it to him. And why did they do this? Because all of them were explaining the following verse, each one in seven ways: I shall sing to my beloved, my beloved’s song for his vineyard. They acclaimed the last one for the versions he found in it. They said, this was Rebbi Simeon ben Yoḥai. Why were they exerting themselves in this matter? They were explaining, saying, molten gods you shall not make for yourself. What is written next? The holiday of unleavened bread you shall observe. They said, anybody able to intercalate a year and he does not intercalate is as if he worshipped strange gods. When they were leaving they said, come and let us record our act. A rock of marble was there. Each of them took a nail and fixed it in it; it descended and sank in as in dough. Until now it is called the rock of nails.

Rebbi Joḥanan said, the finger-holes which they mentioned, whether inside or outside, in the manner in which cleanly people hold it. Rebbi Ze`ira said, “it is impossible to say, about one which is wiped dry, for hands are not made impure by anything wiped dry. In truth it is impossible to say, if it is full of fluid, for in the moment he touched it he made it impure. But we must hold that [it was dirtied] by fluid.” Rebbi Joḥanan in the name of Rebbi Banaiah: They treated fluid in a finger-hole like fluid at the slaughtering place. As you are saying there that fluids of the slaughtering place are pure at their proper place but impure at any other place, [so here, fluids in a finger-hole are pure at their proper place but impure at any other place.] Rebbi Simon in the name of Rebbi Joshua ben Levi: fluids of the slaughtering place which came outside {the Temple courtyards} become impure. But did we not state, fluids of the slaughtering place which came outside continue in their sanctity? Rebbi Yose said, Rebbi Simon explained it. Rebbi Ḥinena, Rebbi Simon in the name of Rebbi Joshua ben Levi. If they came out and returned. If the upper fluid became impure and flowed down, Rebbi Abba and Rebbi Abun bar Ḥiyya. One said, at its place it is pure, if it flows down it is impure. The other one said, since it comes from purity it is pure.

Rebbi Abun bar Ḥiyya asked: may a fistful be offered from two vessels? Rebbi Ḥanin objected, did we not state, “the vessel combines”? If you would say that a fistful can be offered from two vessels, for which purpose did we state “the vessel combines”? Rebbi Eleazar the Southerner said, did not Rebbi Yose bar Zamina say in the name of Rebbi Joḥanan, why did they say, leftovers of flour-offerings do combine together? Because they need their vessel. Here also because they have to be in their vessel. Rebbi Mattaniah said, are not fine flour, and incense, and frankincense, and coals offered in many vessels? Nevertheless you are saying, “the vessel combines”; and here “the vessel combines”. Cahana asked the rabbis there, a flour-offering split in the mixing bowl, if one became impure did the other become impure? They said to him, if one became impure the other became impure. Did impurity jump? They said to him, impurity did jump. Even if another {vessel} was in between? They said to him, even if another {vessel} was in between. Taking a fistful from one on the other? They said to him, we did not hear any tradition, we studied a Mishnah, as what we did state there, “if two flour offerings from which no fistfuls were taken were combined together, if he is able to take a fistful from one separately and from the other separately they are qualified, otherwise disqualified.” Do not the remainders of one interrupt between one and the other? There came Rebbi Jacob bar Aḥa, Rebbi Yasa in the name of Rebbi Joḥanan: If a fistful was taken from one for the other, if one became impure he other became impure. Anything in-between did not become impure. Was it not stated, “one cup? Which makes its contents one.” Rebbi Ḥinena said, a vessel combines only what is tied to it.

Rebbi Jonathan in the name of Rebbi: If somebody eats food which is third degree impure for heave, his body is disqualified from eating heave. Rebbi Samuel bar Rav Isaac asked, how? Rebbi follows Rebbi Eliezer? As we have stated there, “He who eats food impure in the first degree is impure in the first degree. He who eats food impure in the second degree is impure in the second degree. He who eats food impure in the third degree is impure in the third degree.” It is everybody’s opinion, so he should stay away from heave. And similarly, if somebody eats food which is second degree impure for tithe, is his body disqualified from eating tithe? Let us hear from the following: “But the Sages forbid for tithe.” They had not heard that Rebbi Samuel said in the name of Rebbi Ze`ira, what means “but the Sages forbid for tithe”? His body is disqualified from eating tithe. And similarly, if somebody eats food which is fourth degree impure for sancta, is his body disqualified from eating sancta? Let us hear from the following, as Rebbi Jeremiah said in the name of Rebbi Abba bar Mamal, they made him like one eating fourth degree impure food for sancta. This implies, if somebody eats food which is fourth degree impure for sancta, his body is disqualified from eating sancta. So far in Temple sancta which were sanctified. Or also for profane food prepared in the standards of sancta? Let us hear from the following, [as we stated there]: “If somebody slaughters domestic animals, wild animals, or birds, and no blood came out from them, they are qualified and may be eaten with unclean hands, since they were not prepared by blood. Rebbi Simeon says, they were prepared by slaughter.” Rebbi Eleazar in the name of Rebbi Hoshaia: The Mishnah is about profane food prepared in the standards of sancta following Rebbi Joshua. Rebbi Ze`ira, Rebbi Yasa, Rebbi Joḥanan, Rebbi Yannai in the name of Rebbi: If somebody eats food which is third degree impure for heave, his body is disqualified from eating heave. Is that not a Mishnah that third degree impurity is second degree impurity for sancta? The Mishnah is about Temple sancta which were sanctified. He tells you in addition, even for profane food prepared in the standards of sancta. Rebbi Abun bar Ḥiyya said before Rebbi Ze`ira: The Mishnah says so, “loaves of sancta bread; the water in their cavities is sanctified.” Does it displease you that it comes to tell you that he makes fluid by your pronouncement like sanctified fluid? Rebbi Ze`ira said, as you are saying there, one made one pure for the ashes of the Red Cow equal to the water for the ashes of the Red Cow and to the ashes of the Red Cow, and here one made fluid by your pronouncement like sanctified fluid. Rebbi Ze`ira, Rebbi Yasa, Rebbi Joḥanan, Rebbi Yannai, and it is unknown whether this is in the name of Rebbi: There is a Mishnah which is both confirmation and disproof. From it confirmation: “For third degree impurity is second degree impurity for sancta, but not second degree impurity for heave, if it was prepared by the standards of heave.” But if it was prepared in the standards of sancta, his body is second degree impure for sancta. From it disproof: For third degree impurity is second degree impurity for sancta, but not second degree impurity for heave, if it was prepared by the standards of sancta. But if it was prepared in the standards of heave, his body is second degree impure for heave and a fortiori for sancta.

If food prepared in purity touched it, from Modiin and closer the fluid made the vessel impure. If it was filled with water, Rebbi Simeon ben Laqish said, he is trustworthy about the vessel but not trustworthy about the fluid. Rebbi Joḥanan said, he is trustworthy about both. A Mishnah disagrees with Rebbi Simeon ben Laqish: “Only if he said, I put into it a quartarius of sanctum he is trustworthy.” Rebbi Ze`ira said, explain it about one who said, I separated it when I was fellow. The rabbis of Caesarea in the name of Rebbi Abun bar Ḥiyya: The reason of Rebbi Simeon ben Laqish, there is no fellowship for water.

Rebbi Samuel bar Naḥman in the name of Rebbi Joḥanan: Where do they disagree? About a wine barrel. But about an oil barrel everybody agrees that he does not finish. What does he do? Rebbi Ḥiyya stated, he pours it out. Bar Qappara stated, he breaks it. However Rebbi Ḥalaphta ben Shaul stated, he leaves it for the next holiday.

HALAKHAH: Do vessels need immersion? Rebbi Abba said, I am saying that possibly one of the vessels there was not sprinkled upon. Then should we not suspect all of them? Rebbi Abun bar Ḥiyya said, I am saying that there was one of the Cohanim who left to speak with a woman about her nest and a drop of spittle fell on his clothing from her mouth and made him impure. Then should we not suspect all of them? Explain it if it became impure by fluids of uncertain status. There we have stated: “Fluids of uncertain status, to become impure they are impure, to make impure they are pure.” There about heave, here about sancta. One is restrictive for sancta.

Rebbi Jeremiah asked, what is the status of uninterrupted rest-water? Let us hear from the following: “What is rest-water? All the time that it rains and the mountains are muddy; after the rain stopped and the mountains still are muddy it is rest-water. When they are no longer muddy it is like cistern water.” How far? Ḥiyya bar Abun in the name of Rebbi Joḥanan: Until the soft soil produces flowers. Rebbi Eleazar ben Rebbi Yose in the name of Rebbi Tanḥum ben Rebbi Ḥiyya: Until they become like goose feet. Rebbi Jeremiah asked: If the soft soil produced flowers before it stopped? Is it considered like a source retroactively or only for the future? In which respect? If he immersed in it needles and hooks. If you are saying that retroactively it is considered like a source they are pure, only for the the future they are impure. Rebbi Eleazar ben Rebbi Yose asked, how do you treat these waterfalls? Like pumped water or not like pumped water? May one irrigate from a pond which was filled from a well, but water supply from the well stopped? Let us hear from the following: “but one irrigates neither from rain water nor from pumped water.” Where do we hold? If in a time when it rains, is it not as if irrigating the ocean? But we must hold in the time when the rain stopped. If it is in the time when the rain stopped, is this not like a pond which was filled from a well, but water supply from the well stopped? Since you are saying that one does not irrigate from it this implies that one does not irrigate from a pond which was filled from a well, but water supply from the well stopped. May one irrigate from a pond which was filled with pumped water but one channelled well water into it? Let us hear from the following: One irrigates from an irrigated field which drips into another irrigated field. Rebbi Jeremiah said, as long as it drips. Is one able to irrigate because of the dripping, is it not rather because it is full? This implies that one irrigates from a pond which was filled with pumped water but one channelled well water into it. Samuel stated thus: One does not irrigate on a holiday from pools and ponds which were filled before the holiday. But one irrigates without hesitation if a water channel passes through them.

Rebbi Jeremiah asked, what is the status of uninterrupted rest-water? Let us hear from the following: “What is rest-water? All the time that it rains and the mountains are muddy; after the rain stopped and the mountains still are muddy it is rest-water. When they are no longer muddy it is like cistern water.” How far? Ḥiyya bar Abun in the name of Rebbi Joḥanan: Until the soft soil produces flowers. Rebbi Eleazar ben Rebbi Yose in the name of Rebbi Tanḥum ben Rebbi Ḥiyya: Until they become like goose feet. Rebbi Jeremiah asked: If the soft soil produced flowers before it stopped? Is it considered like a source retroactively or only for the future? In which respect? If he immersed in it needles and hooks. If you are saying that retroactively it is considered like a source they are pure, only for the the future they are impure. Rebbi Eleazar ben Rebbi Yose asked, how do you treat these waterfalls? Like pumped water or not like pumped water? May one irrigate from a pond which was filled from a well, but water supply from the well stopped? Let us hear from the following: “but one irrigates neither from rain water nor from pumped water.” Where do we hold? If in a time when it rains, is it not as if irrigating the ocean? But we must hold in the time when the rain stopped. If it is in the time when the rain stopped, is this not like a pond which was filled from a well, but water supply from the well stopped? Since you are saying that one does not irrigate from it this implies that one does not irrigate from a pond which was filled from a well, but water supply from the well stopped. May one irrigate from a pond which was filled with pumped water but one channelled well water into it? Let us hear from the following: One irrigates from an irrigated field which drips into another irrigated field. Rebbi Jeremiah said, as long as it drips. Is one able to irrigate because of the dripping, is it not rather because it is full? This implies that one irrigates from a pond which was filled with pumped water but one channelled well water into it. Samuel stated thus: One does not irrigate on a holiday from pools and ponds which were filled before the holiday. But one irrigates without hesitation if a water channel passes through them.

HALAKHAH: There, we have stated: “Rebbi Eleazar ben Azariah forbids unless he raises or lowers by three {hand-breadths} or puts it on a rock.” One may give two explanations. If he had a small amount{of manure} in his house from before the Sabbatical and he wants to transport it to his field during the Sabbatical, he may continuously add to it after the sinning sinners stopped. Rebbi Eleazar ben Azariah forbids it. What is the reason of Rebbi Eleazar ben Azariah? Maybe there will be no more manure and it turns out that he fertilizes that place. It turns out that Rebbi Eleazar ben Azariah parallels Rebbi Yose. Just as Rebbi Yose says, manure is not easily found, so Rebbi Eleazar ben Azariah says, manure is not easily found. One may give another explanation: If he had a small amount{of manure} in his house from before the Sabbatical and he wants to transport it to his field during the Sabbatical, he may continuously add to it after the sinning sinners stopped. Rebbi Eleazar ben Azariah forbids it. What is the reason of Rebbi Eleazar ben Azariah? Maybe there will be no more manure and it turns out that he fertilizes that place. Is it not already fertilized from before the Sabbatical? Rebbi Jeremiah, Rebbi Abun bar Ḥiyya in the name of Rebbi Abba bar Mamal: because of the bad impression, unless he transports ten boxes together. Do the rabbis not care about bad impressions? Rebbi Idi said his stick, his basket, and his shovel prove that he intends to make a dungheap. Rebbi Yose ben Rebbi Abun applied these traditions from here, as we have stated: “Rebbi Eleazar ben Azariah says, one does not make new water canals on the holiday or in the Sabbatical year.” Rebbi Jeremiah said, because he would prepare its banks to be sown. Rebbi Jeremiah, Rebbi Abun bar Ḥiyya in the name of Rebbi Abba bar Mamal: because of the bad impression. They wanted to say, the one who says there “because of the bad impression” also here “because of the bad impression”. The one who says there “because he would prepare its banks to be sown”, what would you have here? The only answer would be, “maybe there will be no more manure and it turns out that he fertilizes that place.” What is the difference between them? If he dug a water canal for a building. They wanted to say that the one who said there “because of the bad impression” also here “because of the bad impression”. The one who says here “because he would prepare its banks to be sown”, clearly here its banks will not be prepared to be sown. Everybody agrees that if he assembled there stones, pebbles, lime, or cement it is permitted.

HALAKHAH: There, we have stated: “Rebbi Eleazar ben Azariah forbids unless he raises or lowers by three {hand-breadths} or puts it on a rock.” One may give two explanations. If he had a small amount{of manure} in his house from before the Sabbatical and he wants to transport it to his field during the Sabbatical, he may continuously add to it after the sinning sinners stopped. Rebbi Eleazar ben Azariah forbids it. What is the reason of Rebbi Eleazar ben Azariah? Maybe there will be no more manure and it turns out that he fertilizes that place. It turns out that Rebbi Eleazar ben Azariah parallels Rebbi Yose. Just as Rebbi Yose says, manure is not easily found, so Rebbi Eleazar ben Azariah says, manure is not easily found. One may give another explanation: If he had a small amount{of manure} in his house from before the Sabbatical and he wants to transport it to his field during the Sabbatical, he may continuously add to it after the sinning sinners stopped. Rebbi Eleazar ben Azariah forbids it. What is the reason of Rebbi Eleazar ben Azariah? Maybe there will be no more manure and it turns out that he fertilizes that place. Is it not already fertilized from before the Sabbatical? Rebbi Jeremiah, Rebbi Abun bar Ḥiyya in the name of Rebbi Abba bar Mamal: because of the bad impression, unless he transports ten boxes together. Do the rabbis not care about bad impressions? Rebbi Idi said his stick, his basket, and his shovel prove that he intends to make a dungheap. Rebbi Yose ben Rebbi Abun applied these traditions from here, as we have stated: “Rebbi Eleazar ben Azariah says, one does not make new water canals on the holiday or in the Sabbatical year.” Rebbi Jeremiah said, because he would prepare its banks to be sown. Rebbi Jeremiah, Rebbi Abun bar Ḥiyya in the name of Rebbi Abba bar Mamal: because of the bad impression. They wanted to say, the one who says there “because of the bad impression” also here “because of the bad impression”. The one who says there “because he would prepare its banks to be sown”, what would you have here? The only answer would be, “maybe there will be no more manure and it turns out that he fertilizes that place.” What is the difference between them? If he dug a water canal for a building. They wanted to say that the one who said there “because of the bad impression” also here “because of the bad impression”. The one who says here “because he would prepare its banks to be sown”, clearly here its banks will not be prepared to be sown. Everybody agrees that if he assembled there stones, pebbles, lime, or cement it is permitted.

HALAKHAH: What is readying a grave? Rebbi Yose ben Nehorai said, one whitewashes it with lime. Rav Ḥisda said, if it was long he shortens it. Rebbi Joshua ben Levi said, he enlarges it at one side and widens it at another side. Rebbi Ḥiyya stated, “he enlarges and widens it whether on one side or at two sides.”

“One tightens.” Rebbi Yasa said, Ḥizqiah and Rebbi Joḥanan disagree. Ḥisqiah said: making a lattice, warp and woof; tightening, either warp or woof. Rebbi Joḥanan said: making a lattice, either warp or woof; tightening, if it is loose he tightens it. Rebbi Ḥiyya bar Abba said, everybody agrees that making a lattice means warp and woof. Where do they disagree? About tightening. Ḥisqiah said: either warp or woof; Rebbi Joḥanan said: if it is loose he tightens it. Rebbi Yasa instructed Samuel bar Ḥanina that “making a lattice” means warp and woof. We do not know whether this follows Ḥizqiah or it follows Rebbi Ḥiyya bar Abba and everybody’s opinion. Rebbi Abun bar Ḥiyya said before Rebbi Ze`ira: a Mishnah says so that making a lattice means warp and woof, as we have stated there, “when is the rope connected to the bed? If he plaited three boxes.” Could you say warp without woof or woof without warp? Could one pitch woof and make a lattice?

“One tightens.” Rebbi Yasa said, Ḥizqiah and Rebbi Joḥanan disagree. Ḥisqiah said: making a lattice, warp and woof; tightening, either warp or woof. Rebbi Joḥanan said: making a lattice, either warp or woof; tightening, if it is loose he tightens it. Rebbi Ḥiyya bar Abba said, everybody agrees that making a lattice means warp and woof. Where do they disagree? About tightening. Ḥisqiah said: either warp or woof; Rebbi Joḥanan said: if it is loose he tightens it. Rebbi Yasa instructed Samuel bar Ḥanina that “making a lattice” means warp and woof. We do not know whether this follows Ḥizqiah or it follows Rebbi Ḥiyya bar Abba and everybody’s opinion. Rebbi Abun bar Ḥiyya said before Rebbi Ze`ira: a Mishnah says so that making a lattice means warp and woof, as we have stated there, “when is the rope connected to the bed? If he plaited three boxes.” Could you say warp without woof or woof without warp? Could one pitch woof and make a lattice?

“One tightens.” Rebbi Yasa said, Ḥizqiah and Rebbi Joḥanan disagree. Ḥisqiah said: making a lattice, warp and woof; tightening, either warp or woof. Rebbi Joḥanan said: making a lattice, either warp or woof; tightening, if it is loose he tightens it. Rebbi Ḥiyya bar Abba said, everybody agrees that making a lattice means warp and woof. Where do they disagree? About tightening. Ḥisqiah said: either warp or woof; Rebbi Joḥanan said: if it is loose he tightens it. Rebbi Yasa instructed Samuel bar Ḥanina that “making a lattice” means warp and woof. We do not know whether this follows Ḥizqiah or it follows Rebbi Ḥiyya bar Abba and everybody’s opinion. Rebbi Abun bar Ḥiyya said before Rebbi Ze`ira: a Mishnah says so that making a lattice means warp and woof, as we have stated there, “when is the rope connected to the bed? If he plaited three boxes.” Could you say warp without woof or woof without warp? Could one pitch woof and make a lattice?

“One smooths the fissures.” Rebbi Ḥiyya stated, he who smooths, smooths with his foot; he who uses a roller smooths with the hand. Our Mishnah is about a small roller, but what Rebbi Ḥiyya stated is about a large roller.

“One smooths the fissures.” Rebbi Ḥiyya stated, he who smooths, smooths with his foot; he who uses a roller smooths with the hand. Our Mishnah is about a small roller, but what Rebbi Ḥiyya stated is about a large roller.

HALAKHAH: “If one turned his olives over,” etc. We stated, “if one turned his olives over.” Rebbi Ḥiyya stated, he whose olives were turned over repeatedly. Our Mishnah needs the statement of Rebbi Ḥiyya, and the statement of Rebbi Ḥiyya needs our Mishnah.

HALAKHAH: “If one turned his olives over,” etc. We stated, “if one turned his olives over.” Rebbi Ḥiyya stated, he whose olives were turned over repeatedly. Our Mishnah needs the statement of Rebbi Ḥiyya, and the statement of Rebbi Ḥiyya needs our Mishnah.

HALAKHAH: “If one turned his olives over,” etc. We stated, “if one turned his olives over.” Rebbi Ḥiyya stated, he whose olives were turned over repeatedly. Our Mishnah needs the statement of Rebbi Ḥiyya, and the statement of Rebbi Ḥiyya needs our Mishnah.

Rebbi Phineas ben Rebbi Zakkai said, our Mishnah is about macerated ones, what Rebbi Ḥiyya stated is about berries. The rabbis of Caesarea are saying, the Mishnah follows Rebbi Jehudah, what Rebbi Ḥiyya stated follows Rebbi Yose. Rebbi Jehudah said, small amounts may be lost so large amounts would not be lost; Rebbi Yose says, nothing at all shall be lost.

Rebbi Phineas ben Rebbi Zakkai said, our Mishnah is about macerated ones, what Rebbi Ḥiyya stated is about berries. The rabbis of Caesarea are saying, the Mishnah follows Rebbi Jehudah, what Rebbi Ḥiyya stated follows Rebbi Yose. Rebbi Jehudah said, small amounts may be lost so large amounts would not be lost; Rebbi Yose says, nothing at all shall be lost.

Rav Ḥiyya bar Ashi in the name of Rav: One is permitted to knit a net on the holiday to catch fish on the holiday. Rav Jehudah instructed that sieves may be made on the holiday for the needs of the holiday. Rebbi Immi instructed that pompa may be made on the holiday for the needs of the holiday. The rabbis of Caesarea are saying, one fires pans and pots for the needs of the holiday. Samuel said, one pitches barrels but one does not pitch pitchers. One pitches barrels since the pitch is thin; one does not pitch pitchers since the pitch is glazed. Some do switch: one pitches pitchers but one does not pitch barrels. One pitches pitchers since this is for immediate use; one does not pitch barrels, since this is for storage.

Who permits? Did we not state, if one of the excommunicators died one may not permit him? Rebbi Joshua ben Levi said, this you are saying in the absence of a Patriarch. But if there is a Patriarch, the Patriarch permits. Rebbi Jacob bar Aḥa in the name of Rebbi Abba bar Mamal: It happened that one of the excommunicators died and they did not permit him. Did not Rebbi Joshua ben Levi say, this you are saying in the absence of a Patriarch, but if there is a Patriarch, the Patriarch permits? What Rebbi Jacob bar Aḥa in the name of Rebbi Abba bar Mamal said is confirmed if he did not reform. Rebbi Jacob bat Abbay in the name of Rav Sheshet: At Usha they voted not to excommunicate an ordained rabbi. This parallels what Rebbi Samuel said in the name of Rebbi Abbahu: One does not strip an ordained rabbi who is guilty of something of his title but tells him, respect yourself and sit in your house. Rebbi Jacob bat Abbay in the name of Rebbi Aḥa: One treats an ordained rabbi who forgot his learning by an act of God with the holiness of the Ark. Rebbi Aḥa, Rebbi Tanḥum, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Excommunication by an ordained rabbi who excommunicated for his personal benefit is no excommunication.

In the days of Rebbi Jeremiah there came a calamity on the Tiberians. He sent and demanded a silver candelabrum from Rebbi Jacob ben Rebbi Abun. He sent to tell him, Jeremiah still does not change from his evil ways. He wanted to excommunicate him. Rebbi Ḥiyya ben Rebbi Isaac from Atoshia was sitting there. He said to him, I heard that one may excommunicate an ordained rabbi only if he acted like Jerobeam ben Nebaṭ and his colleagues. He answered, “They let her drink dikma.” Did he act like Jerobeam ben Nebaṭ and his colleagues? They excommunicated one another, worried one about the other, and needed permission from one another.

Mustachios and cutting fingernails. There are Tannaim who state, permitted on a holiday and forbidden in mourning. There are Tannaim who state, forbidden on a holiday and permitted in mourning. He who said permitted on a holiday, if there happens to be a holiday; and forbidden in mourning, if there is no holiday. He who said forbidden on a holiday, if it involves trickery; and permitted in mourning, without trickery. Rav Ḥiyya bar Ashi in the name of Rav: practice follows him who is lenient at both occasions. Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: practice follows him who is lenient in the rules of mourning. Rav said, the lips follow cutting fingernails in all respects. Rebbi Jeremiah said, only if they interfere. Rebbi Isaac bar Naḥman in the name of Rebbi Ḥanina: A pair came before Rebbi about lips and cutting fingernails and Rebbi permitted it to them. Rebbi Simon in the name of Rebbi Ḥanina: There were two pairs, one from Amatheh and one from Yedid-Aleh, one about lips and one about cutting fingernails, and Rebbi permitted to them. As the following. The sister of Rebbi Samuel bar Abba died and he was sitting cutting his fingernails. Rebbi Eleazar visited him and he did not cover them. Rebbi Nathan bar Abba visited him and he was covering them. He said to him, you did not cover them in front of Rebbi Eleazar; but in front of me you are covering them? He answered him, do you think that you are as dear to me as Rebbi Eleazar?

Something happened to Rebbi Immi and he shaved on the 30th day. Something happened [to one rabbi] and he shaved on the 31st day. Rebbi Zeriqan said, Rebbi Immi learned this from our Mishnah, as we have stated there: “If somebody vowed two neziriot, he shaves for the first on the 31st day, for the second on the 61st day.” Rebbi Yose said, there after it happened, here from the start. Rebbi Jeremiah instructed Rebbi Isaac from Aṭoshia, and some say, Rav Ḥiyya ben Rebbi Isaac from 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 30th day. Rebbi Yose said, there is a difference; there they permitted in order to honor the holiday. You should know this, since Rebbi Ḥelbo, Rav Ḥuna said in the name of Rav: If his eighth day fell on the Sabbath, he shaves Friday. If you say that they did permit not in order to honor the holiday, then even if his 30th day falls on the Sabbath, he should shave Sabbath eve. In addition, from what was stated: “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 30th day? Rebbi Ḥaggai said, this has been transmitted in this way and that has been transmitted in that way.

From where in the Torah that mourning is seven {days}? He organized seven days of mourning for his father. Can you infer anything from before the giving of the Torah? Rebbi Jacob bar Aḥa in the name of Rebbi Ze`ira understood it from the following: At the door of the Tent of Meeting you shall sit day and night for seven days, and keep the watch of the Eternal’ s sanctuary. Just as the Holy One, praise to Him, watched over His World for seven {days}, so you shall watch for your brothers for seven {days}. And from where that the Holy One, praise to Him, watched over His World for seven {days}? It was after seven days that the Deluge came over the world. May one mourn before the dying person dies? Only flesh and blood who do not know what will be in the future do not mourn until the dying person dies. But the Holy One, praise to Him, Who knows what will be in the future did first watch for His world. Some want to say, these are the seven days of mourning for Methusela the Just. Rebbi Hoshaia said, for the Eternal’s anointing oil is on you. Just as you were anointed with the anointing oil all of seven, so watch for your brothers all of seven. Rebbi Abbahu in the name of Rebbi Joḥanan: please let her not be like the dead. She shall be locked away. Just as the day of isolation for the dead are seven, so the days of quarantine are seven. One student reported this from Rebbi Joḥanan before Rebbi Simeon ben Laqish, who did not accept it. He said, here he uses it for isolation, but there he uses it for making absolute, as Rebbi Joḥanan said in the name of Rebbi Yannai, please let her not be like the dead: just as the days of the dead are not counted, so the days of being absolute are not counted. Rebbi Jeremiah and Rebbi Ḥiyya in the name of Rebbi Simeon ben Laqish; Rebbi Abbahu, Rebbi Yose ben Ḥanina in the name of Rebbi Simeon ben Laqish: the days of crying of the mourning for Moses ended. “The days”, seven. “Of crying”, two. “Mourning”, thirty. Some switch, “the days”, two, “of crying”, seven, “mourning”, thirty. Rebbi Yose, Rebbi Ḥiyya, and Rebbi Simeon ben Laqish in the name of Rebbi Judah the Patriarch: I shall turn your holiday into mourning. Since the days of Tabernacles are seven, also the days of mourning are seven. Rebbi Immi said to Rebbi Ḥiyya bar Abba: Maybe since the days of Tabernacles are eight, also the days of mourning are eight? He answered him, the eighth day is a separate holiday Or since Pentecost is one day, also mourning is one day? He answered him, from here about a deferred information. And it was stated such: Current information requires Seven and Thirty. Deferred information does not require Seven and Thirty.

From where in the Torah that mourning is seven {days}? He organized seven days of mourning for his father. Can you infer anything from before the giving of the Torah? Rebbi Jacob bar Aḥa in the name of Rebbi Ze`ira understood it from the following: At the door of the Tent of Meeting you shall sit day and night for seven days, and keep the watch of the Eternal’ s sanctuary. Just as the Holy One, praise to Him, watched over His World for seven {days}, so you shall watch for your brothers for seven {days}. And from where that the Holy One, praise to Him, watched over His World for seven {days}? It was after seven days that the Deluge came over the world. May one mourn before the dying person dies? Only flesh and blood who do not know what will be in the future do not mourn until the dying person dies. But the Holy One, praise to Him, Who knows what will be in the future did first watch for His world. Some want to say, these are the seven days of mourning for Methusela the Just. Rebbi Hoshaia said, for the Eternal’s anointing oil is on you. Just as you were anointed with the anointing oil all of seven, so watch for your brothers all of seven. Rebbi Abbahu in the name of Rebbi Joḥanan: please let her not be like the dead. She shall be locked away. Just as the day of isolation for the dead are seven, so the days of quarantine are seven. One student reported this from Rebbi Joḥanan before Rebbi Simeon ben Laqish, who did not accept it. He said, here he uses it for isolation, but there he uses it for making absolute, as Rebbi Joḥanan said in the name of Rebbi Yannai, please let her not be like the dead: just as the days of the dead are not counted, so the days of being absolute are not counted. Rebbi Jeremiah and Rebbi Ḥiyya in the name of Rebbi Simeon ben Laqish; Rebbi Abbahu, Rebbi Yose ben Ḥanina in the name of Rebbi Simeon ben Laqish: the days of crying of the mourning for Moses ended. “The days”, seven. “Of crying”, two. “Mourning”, thirty. Some switch, “the days”, two, “of crying”, seven, “mourning”, thirty. Rebbi Yose, Rebbi Ḥiyya, and Rebbi Simeon ben Laqish in the name of Rebbi Judah the Patriarch: I shall turn your holiday into mourning. Since the days of Tabernacles are seven, also the days of mourning are seven. Rebbi Immi said to Rebbi Ḥiyya bar Abba: Maybe since the days of Tabernacles are eight, also the days of mourning are eight? He answered him, the eighth day is a separate holiday Or since Pentecost is one day, also mourning is one day? He answered him, from here about a deferred information. And it was stated such: Current information requires Seven and Thirty. Deferred information does not require Seven and Thirty.

From where in the Torah that mourning is seven {days}? He organized seven days of mourning for his father. Can you infer anything from before the giving of the Torah? Rebbi Jacob bar Aḥa in the name of Rebbi Ze`ira understood it from the following: At the door of the Tent of Meeting you shall sit day and night for seven days, and keep the watch of the Eternal’ s sanctuary. Just as the Holy One, praise to Him, watched over His World for seven {days}, so you shall watch for your brothers for seven {days}. And from where that the Holy One, praise to Him, watched over His World for seven {days}? It was after seven days that the Deluge came over the world. May one mourn before the dying person dies? Only flesh and blood who do not know what will be in the future do not mourn until the dying person dies. But the Holy One, praise to Him, Who knows what will be in the future did first watch for His world. Some want to say, these are the seven days of mourning for Methusela the Just. Rebbi Hoshaia said, for the Eternal’s anointing oil is on you. Just as you were anointed with the anointing oil all of seven, so watch for your brothers all of seven. Rebbi Abbahu in the name of Rebbi Joḥanan: please let her not be like the dead. She shall be locked away. Just as the day of isolation for the dead are seven, so the days of quarantine are seven. One student reported this from Rebbi Joḥanan before Rebbi Simeon ben Laqish, who did not accept it. He said, here he uses it for isolation, but there he uses it for making absolute, as Rebbi Joḥanan said in the name of Rebbi Yannai, please let her not be like the dead: just as the days of the dead are not counted, so the days of being absolute are not counted. Rebbi Jeremiah and Rebbi Ḥiyya in the name of Rebbi Simeon ben Laqish; Rebbi Abbahu, Rebbi Yose ben Ḥanina in the name of Rebbi Simeon ben Laqish: the days of crying of the mourning for Moses ended. “The days”, seven. “Of crying”, two. “Mourning”, thirty. Some switch, “the days”, two, “of crying”, seven, “mourning”, thirty. Rebbi Yose, Rebbi Ḥiyya, and Rebbi Simeon ben Laqish in the name of Rebbi Judah the Patriarch: I shall turn your holiday into mourning. Since the days of Tabernacles are seven, also the days of mourning are seven. Rebbi Immi said to Rebbi Ḥiyya bar Abba: Maybe since the days of Tabernacles are eight, also the days of mourning are eight? He answered him, the eighth day is a separate holiday Or since Pentecost is one day, also mourning is one day? He answered him, from here about a deferred information. And it was stated such: Current information requires Seven and Thirty. Deferred information does not require Seven and Thirty.

It was stated: The following are forbidden to the mourner all Seven {days}: Washing, anointing, wearing shoes, sexual relations, grooming, washing clothes, reading in the Torah, studying Midrash, practices, and homiletics, greeting, and working. Who stated that the mourner is forbidden to take a bath during the entire Seven? Rebbi Nathan. Something happened to Rebbi Immi; he asked Rebbi Ḥiyya bar Abba who instructed him “all Seven days following Rebbi Nathan”. Something happened to Rebbi Yose; he sent to Rebbi Abba bar Cohen who said to him: Rebbi, did you not so teach us that something happened to Rebbi Immi, he asked Rebbi Simeon ben Laqish who instructed him “all Seven following Rebbi Nathan”. He said to him, maybe these were two separate incidents, we say it in the name of Rebbi Ḥiyya bar Abba, you say it in the name of Rebbi Simeon ben Laqish. And also from the following: Something happened to Rebbi Ḥama, father of Rav Hoshaya, he asked the rabbis and they forbade it. Rebbi Yose asked, which rabbis? The rabbis here or the rabbis in the South? If you say the rabbis of here, it is fine. If you would say the rabbis from the South, would he have asked minor authorities when greater ones were available to him? If you say the rabbis of the South, we would allow and they would forbid, as we have stated: “At a place where it is customary to bathe after a funeral, one may bathe; in the South one bathes.” Rebbi Yose ben Rebbi Abun said: He who permits that bath makes it like eating and drinking. That means, about a bath for pleasure. But a bath that is not for pleasure is permitted. Samuel bar Abba developed scab. They came and asked Rebbi Yasa, what is the rule, may he bathe? He said to them: If he does not bathe, would he not die? If he needs it, even on the Ninth of Av. If he needs it, even on Yom Kippur. They saw Rebbi Yose, son of Rebbi Ḥanina, immersing himself. They did not know whether it was for his emission, they did not know whether it was to cool down because bathing in cold water is not called bathing. Rebbi Abba bar Cohen instructed following this statement.

It was stated: The following are forbidden to the mourner all Seven {days}: Washing, anointing, wearing shoes, sexual relations, grooming, washing clothes, reading in the Torah, studying Midrash, practices, and homiletics, greeting, and working. Who stated that the mourner is forbidden to take a bath during the entire Seven? Rebbi Nathan. Something happened to Rebbi Immi; he asked Rebbi Ḥiyya bar Abba who instructed him “all Seven days following Rebbi Nathan”. Something happened to Rebbi Yose; he sent to Rebbi Abba bar Cohen who said to him: Rebbi, did you not so teach us that something happened to Rebbi Immi, he asked Rebbi Simeon ben Laqish who instructed him “all Seven following Rebbi Nathan”. He said to him, maybe these were two separate incidents, we say it in the name of Rebbi Ḥiyya bar Abba, you say it in the name of Rebbi Simeon ben Laqish. And also from the following: Something happened to Rebbi Ḥama, father of Rav Hoshaya, he asked the rabbis and they forbade it. Rebbi Yose asked, which rabbis? The rabbis here or the rabbis in the South? If you say the rabbis of here, it is fine. If you would say the rabbis from the South, would he have asked minor authorities when greater ones were available to him? If you say the rabbis of the South, we would allow and they would forbid, as we have stated: “At a place where it is customary to bathe after a funeral, one may bathe; in the South one bathes.” Rebbi Yose ben Rebbi Abun said: He who permits that bath makes it like eating and drinking. That means, about a bath for pleasure. But a bath that is not for pleasure is permitted. Samuel bar Abba developed scab. They came and asked Rebbi Yasa, what is the rule, may he bathe? He said to them: If he does not bathe, would he not die? If he needs it, even on the Ninth of Av. If he needs it, even on Yom Kippur. They saw Rebbi Yose, son of Rebbi Ḥanina, immersing himself. They did not know whether it was for his emission, they did not know whether it was to cool down because bathing in cold water is not called bathing. Rebbi Abba bar Cohen instructed following this statement.

In any case mentioned in the Torah for whom a Cohen defiles himself an Israel mourns. They added to these his maternal brother and sister and his married sister; he mourns and is in deep mourning but would not defile himself. For his preliminarily wedded wife he neither mourns nor is a deep mourner nor defiles himself. It was stated: About any one would mourn one joins in the mourning. Rav’s sister died. He commanded to his son Ḥiyya, when you will visit us, take off your shoes. The sons of Rebbi Ḥanina the brother of Rebbi Mana, died. They came and asked Rebbi Yose, does one have to overturn the bed? He told them, it is unnecessary. Does one have to sleep on an overturned bed? He told them, it is unnecessary. What about reading the Shema` and praying? He told them, let us understand from the following: If he was occupied for corpse digging a grave and the time for reading the Shema` and praying arrived, he moves to a place of purity, puts on his tefillin, reads the Shema` and prays.

He who sees a dead scholar is like him who sees a Torah scroll burned. Rebbi Abbahu said, it should come over me if I tasted anything that whole day. Rebbi Jonah was in Tyre. He heard that Rebbi Abbahu’s son had died. Even though he had eaten and drunk water he kept it as fast day that whole day. Rebbi Abba and Rebbi Huna bar Ḥiyya were sitting. An ostrich came and snatched Rebbi Huna bar Ḥiyya’s tefillin. Rebbi Abba caught it and strangled it. Rebbi Huna bar Ḥiyya said to him, we almost came to burning the Torah. He said to him, do you still hold this? So said Rav Jeremiah in the name of Rav: One only rends his garment for a Torah scroll which an Israelite king burned forcibly, as e. g. Yehoyakim ben Josia the King of Judah. Ulla from Bireh, Rebbi Eleazar in the name of Rebbi Ḥanina: He who sees a Torah scroll burned has to rend his garment separately for the parchment and for the writing. What is the reason? After the king’s burning of the scroll and the words. The scroll, this is the parchment. And the words, that is the writing.

He who sees a dead scholar is like him who sees a Torah scroll burned. Rebbi Abbahu said, it should come over me if I tasted anything that whole day. Rebbi Jonah was in Tyre. He heard that Rebbi Abbahu’s son had died. Even though he had eaten and drunk water he kept it as fast day that whole day. Rebbi Abba and Rebbi Huna bar Ḥiyya were sitting. An ostrich came and snatched Rebbi Huna bar Ḥiyya’s tefillin. Rebbi Abba caught it and strangled it. Rebbi Huna bar Ḥiyya said to him, we almost came to burning the Torah. He said to him, do you still hold this? So said Rav Jeremiah in the name of Rav: One only rends his garment for a Torah scroll which an Israelite king burned forcibly, as e. g. Yehoyakim ben Josia the King of Judah. Ulla from Bireh, Rebbi Eleazar in the name of Rebbi Ḥanina: He who sees a Torah scroll burned has to rend his garment separately for the parchment and for the writing. What is the reason? After the king’s burning of the scroll and the words. The scroll, this is the parchment. And the words, that is the writing.

He who sees a dead scholar is like him who sees a Torah scroll burned. Rebbi Abbahu said, it should come over me if I tasted anything that whole day. Rebbi Jonah was in Tyre. He heard that Rebbi Abbahu’s son had died. Even though he had eaten and drunk water he kept it as fast day that whole day. Rebbi Abba and Rebbi Huna bar Ḥiyya were sitting. An ostrich came and snatched Rebbi Huna bar Ḥiyya’s tefillin. Rebbi Abba caught it and strangled it. Rebbi Huna bar Ḥiyya said to him, we almost came to burning the Torah. He said to him, do you still hold this? So said Rav Jeremiah in the name of Rav: One only rends his garment for a Torah scroll which an Israelite king burned forcibly, as e. g. Yehoyakim ben Josia the King of Judah. Ulla from Bireh, Rebbi Eleazar in the name of Rebbi Ḥanina: He who sees a Torah scroll burned has to rend his garment separately for the parchment and for the writing. What is the reason? After the king’s burning of the scroll and the words. The scroll, this is the parchment. And the words, that is the writing.

“And for Jerusalem, and for the Temple.” There came men from Sichem and from Shilo and from Samaria, eight men with shaved beards and torn garments, the first tear is one hand-breadth, the addition anything. One who was informed that Jerusalem was destroyed like one who sees Jerusalem in its destruction has to tear. He who sees Jerusalem from Mount Scopus has to tear. There are Tannaim who state, he adds to the tear. There are Tannaim who state, the first tear is one hand-breadth, the addition anything. There are Tannaim who state, the first tear is one hand-breadth, the addition three finger-breadths. Rebbi Yose, Rebbi Jeremiah in the name of Rebbi Ḥiyya bar Abba; Rebbi Ḥizkiah, Rebbi Jeremiah in the name of Rebbi Joḥanan: Practice follows him who said, the first tear is one hand-breadth, the addition anything.

Does one have to sever the trim? Rebbi Jeremiah, Rebbi Ḥiyya in the name of Rebbi Simeon ben Laqish: David grasped. There is no grasping less than a hand-breadth. And tore them, Rebbi Simon in the name of Rebbi Joshua ben Levi: From here that he has to sever the trim. If a relative died, he rends. If another relative died, even if he heard about his father or his mother, or his teacher who taught him wisdom, he rends one tear for all of them. Rebbi Jehudah ben Tema says, he rends for each one separately, only that he shall not make that for his father or his mother as an addition. Is that not the first {statement}? But he may not add to that for his father or his mother. Rebbi Ḥelbo and Rav Mattana, Yose ben Manisha in the name of Rav: Practice follows Rebbi Jehudah ben Tema. If a relative died, he rends. If another relative died, he adds to the tear and rends. How far? Rebbi Ḥanina said, until he reaches to his navel. An old man stated before Rebbi Ze`ira: Even if he receives another garment during all the Seven he is obligated to rend. Rebbi Ze`ira said to him, this you are saying about other relatives. But for his father and his mother even after the Seven he is required to rend. If a relative died, he rends. If another relative died, he moves three finger-widths and rends. If the front is full he starts in the back. If the upper part is full he starts with the bottom part. If both of them are full, Rebbi Ḥiyya the son of Rebbi Ada from Yafo says, he became shabby.

Does one have to sever the trim? Rebbi Jeremiah, Rebbi Ḥiyya in the name of Rebbi Simeon ben Laqish: David grasped. There is no grasping less than a hand-breadth. And tore them, Rebbi Simon in the name of Rebbi Joshua ben Levi: From here that he has to sever the trim. If a relative died, he rends. If another relative died, even if he heard about his father or his mother, or his teacher who taught him wisdom, he rends one tear for all of them. Rebbi Jehudah ben Tema says, he rends for each one separately, only that he shall not make that for his father or his mother as an addition. Is that not the first {statement}? But he may not add to that for his father or his mother. Rebbi Ḥelbo and Rav Mattana, Yose ben Manisha in the name of Rav: Practice follows Rebbi Jehudah ben Tema. If a relative died, he rends. If another relative died, he adds to the tear and rends. How far? Rebbi Ḥanina said, until he reaches to his navel. An old man stated before Rebbi Ze`ira: Even if he receives another garment during all the Seven he is obligated to rend. Rebbi Ze`ira said to him, this you are saying about other relatives. But for his father and his mother even after the Seven he is required to rend. If a relative died, he rends. If another relative died, he moves three finger-widths and rends. If the front is full he starts in the back. If the upper part is full he starts with the bottom part. If both of them are full, Rebbi Ḥiyya the son of Rebbi Ada from Yafo says, he became shabby.

Rebbi Ḥinena bar Pappus went to visit Rebbi Tanḥum ben Rebbi Ḥiyya. He went out to him in dishonorable garb. What is dishonorable garb? Garments which are short-sleeved. He said to him, from where do you have this? He said to him, so acted my teacher Rebbi Simon. He said to him, pray for me. He said, may your breach be fenced in. For all of this year judgment is directed towards this family, as Rebbi Joḥanan said: All Seven the sword is drawn. Up to Thirty it wavers. After twelve months it returns to its sheath. To what can this be likened? To a stone cupola. If one becomes loose, all are loose. But Rebbi Eleazar aid, if a male child was born to this family, the entire family is healed.

From where that the mourner has to rend while standing? As it is written, Job rose, rent his coat, and shore his head. Rebbi Judah bar Pazi in the name of Rebbi Joḥanan: From here that the mourner has to rend while standing. As Rebbi Joḥanan said, Rebbi Yasa instructed to patch up the next day. When Rebbi Yasa died, Rebbi Ḥiyya bar Abba instructed to wear shoes on the same day. Rebbi Ze`ira said, they do not disagree. He who says to patch up the next day, one shall wear shoes the next day. He who says to wear shoes today one patches the same day.

<If he was> exchanging garments all the Seven he is obligated to rend all of them. The Great Rebbi Ḥiyya and Rebbi Ḥama the father of Rebbi Hoshaia both say, all of them are forbidden to mend. Bar Qappara says, only the one of the first day is forbidden to mend. Rebbi Ḥuna said, there is another disagreement between them. He who says, all of them are forbidden to mend, makes the following days like the first day. Even if he wears several garments, he has to rend all of them. [Text of the Leiden scribe: He who says, only the one of the first day is forbidden to mend, makes the other days supplement. Even if he wears several garments, he rends only the outermost. Text of the Genizah scribe: For him who says, only the one of the first day is forbidden to mend, the other days are supplement; he rends only the outermost.]

Rebbi Bun bar Ḥiyya asked before Rebbi Ze‘ira: Does a widow need ḥalîṣah? He said to him, is it possible to say that her qiddushin are legally recognized and you say she may not need ḥalîṣah? He answered him: But qiddushin of a she-ram are legally recognized and one says that she does not need ḥalîṣah! He said to him, the she-ram was removed because of another reason: “she will bear”, this excludes the one who cannot have children.

Levi bar Sisi asked before Rebbi: Should we not state “sixteen women”? One’s mother who was raped by his father married to his paternal halfbrother. He said to him, it is evident that this person has no brain in his head. And why? He said to him, because of Rebbi Jehudah, because Rebbi Jehudah forbids the one who was raped or seduced by his father. Does Rebbi Jehudah not agree that if [the halfbrother] gave her qiddushin, the preliminary marriage is legally recognized? But because we have stated: “Six incest prohibitions more severe than these; because they are married to others their co-wives are free.” And Rebbi Ḥiyya stated thereupon: “If they may marry his brother without sin their co-wives are freed from ḥalîṣah and levirate.” And among all of them there is only his mother who was raped by his father married to his paternal halfbrother. Why did we not state this? Because Rebbi Ḥiyya stated it, should we not state it? Certainly we should state it! But because we have stated: “Her sister who also is her sister-in-law either takes ḥalîṣah or accepts the levirate.” We find in all cases that her sister who also is her sister-in-law accepts the levirate except for his mother who was raped by his father married to his paternal halfbrother.

Levi bar Sisi asked before Rebbi: Should we not state “sixteen women”? One’s mother who was raped by his father married to his paternal halfbrother. He said to him, it is evident that this person has no brain in his head. And why? He said to him, because of Rebbi Jehudah, because Rebbi Jehudah forbids the one who was raped or seduced by his father. Does Rebbi Jehudah not agree that if [the halfbrother] gave her qiddushin, the preliminary marriage is legally recognized? But because we have stated: “Six incest prohibitions more severe than these; because they are married to others their co-wives are free.” And Rebbi Ḥiyya stated thereupon: “If they may marry his brother without sin their co-wives are freed from ḥalîṣah and levirate.” And among all of them there is only his mother who was raped by his father married to his paternal halfbrother. Why did we not state this? Because Rebbi Ḥiyya stated it, should we not state it? Certainly we should state it! But because we have stated: “Her sister who also is her sister-in-law either takes ḥalîṣah or accepts the levirate.” We find in all cases that her sister who also is her sister-in-law accepts the levirate except for his mother who was raped by his father married to his paternal halfbrother.

Isaac, the son of the isatis grower, said that Rebbi Simeon ben Laqish asked, should we state sixteen women? Ḥalîṣah frees her co-wife! Rebbi Jacob the Southerner said before Rebbi Yose, why was this not stated? Because of Rebbi Aqiba, since Rebbi Aqiba said there is a bastard from a woman who got ḥalîṣah. One should have stated it for the rabbis! We came to state only things everybody agreed to. It turns out that Isaac, the son of the isatis grower, holds with Rebbi Immi. Rebbi Yasa said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed. Rebbi Joḥanan said, he is not guilty for the woman who got ḥalîṣah, but the brothers are guilty for the woman who got ḥalîṣah. Both he and the brothers are guilty for the co-wife. Rebbi Simeon ben Laqish said, neither he nor the brothers are guilty for the woman who got ḥalîṣah or for the co-wife. Rebbi Immi switches the attributions. Rebbi Ze‘ira said before Rebbi Yasa, does not Rebbi Immi switch the attributions? But Rebbi Joḥanan had several opinions. Did Rebbi Simeon ben Laqish have several opinions? The statement of Isaac, the son of the isatis grower, supports Rebbi Immi and the statements of the rabbis support Rebbi Yasa, as both Rebbi Jeremiah, Rebbi Abba, said in the name of Rebbi Ḥiyya bar Abba: Everybody agrees about the co-wife that one is guilty. Where do they disagree? About the woman who got ḥalîṣah. Rebbi Joḥanan said, he is not guilty for the woman who got ḥalîṣah, but the brothers are guilty for the woman who got ḥalîṣah.

Rebbi Yudan asked: Following him who said, a man is not guilty for the woman who got ḥalîṣah but he is guilty for the co-wife, ḥalîṣah is freeing; is intercourse freeing? As you say, if he performed ḥalîṣah with her, she became forbidden to the brothers. Similarly, if he had intercourse with her, she became forbidden to the brothers. Rebbi Ḥiyya stated: If the first husband died, the second brother shall take her in levirate. If the second dies, the third shall take her in levirate! Rebbi Yose said, what do you think? That ḥalîṣah is the same as intercourse? Once he performed ḥalîṣah, the claim of the dead is removed from her retroactively. Retroactively fell on her the prohibition of the dead man regarding the brothers. But if he had intercourse with her, she is his wife. On that did Rebbi Ḥiyya state: If the first husband died, the second brother shall take her in levirate. If the second dies, the third shall take her in levirate.

Rebbi Yudan asked: Following him who said, a man is not guilty for the woman who got ḥalîṣah but he is guilty for the co-wife, ḥalîṣah is freeing; is intercourse freeing? As you say, if he performed ḥalîṣah with her, she became forbidden to the brothers. Similarly, if he had intercourse with her, she became forbidden to the brothers. Rebbi Ḥiyya stated: If the first husband died, the second brother shall take her in levirate. If the second dies, the third shall take her in levirate! Rebbi Yose said, what do you think? That ḥalîṣah is the same as intercourse? Once he performed ḥalîṣah, the claim of the dead is removed from her retroactively. Retroactively fell on her the prohibition of the dead man regarding the brothers. But if he had intercourse with her, she is his wife. On that did Rebbi Ḥiyya state: If the first husband died, the second brother shall take her in levirate. If the second dies, the third shall take her in levirate.

“Together”, this excludes the wife of his brother who did not live in his world. Rebbi Abun bar Ḥiyya said, Rebbi Abba bar Mamal asked: The she-ram and the wife of his brother who did not live in his world were in the paragraph. Why do you see fit to say that the co-wife of the she-ram is permitted but the co-wife of the wife of his brother who did not live in his world is forbidden? He said to him, the she-ram was removed because of another reason: “she will bear”, this excludes the one who cannot have children. Is it not enough that she cannot be eligible for the levirate but you also want to forbid her co-wife? But the wife of his brother who did not live in his world is under an incest prohibition and any incest prohibition frees the co-wife. Assi said, the co-wife of a she-ram is forbidden. The Mishnah disagrees with Assi: “All of these, if they died, or refused, or were divorced, or turned out to be she-rams, their co-wives are permitted.” Rebbi Abun bar Ḥiyya in the name of Rebbi Abba bar Mamal: Assi follows Rebbi Meїr since Rebbi Meїr said, in any case where you cannot take me in levirate you cannot take my co-wife.

“Together”, this excludes the wife of his brother who did not live in his world. Rebbi Abun bar Ḥiyya said, Rebbi Abba bar Mamal asked: The she-ram and the wife of his brother who did not live in his world were in the paragraph. Why do you see fit to say that the co-wife of the she-ram is permitted but the co-wife of the wife of his brother who did not live in his world is forbidden? He said to him, the she-ram was removed because of another reason: “she will bear”, this excludes the one who cannot have children. Is it not enough that she cannot be eligible for the levirate but you also want to forbid her co-wife? But the wife of his brother who did not live in his world is under an incest prohibition and any incest prohibition frees the co-wife. Assi said, the co-wife of a she-ram is forbidden. The Mishnah disagrees with Assi: “All of these, if they died, or refused, or were divorced, or turned out to be she-rams, their co-wives are permitted.” Rebbi Abun bar Ḥiyya in the name of Rebbi Abba bar Mamal: Assi follows Rebbi Meїr since Rebbi Meїr said, in any case where you cannot take me in levirate you cannot take my co-wife.

HALAKHAH: “All these free their co-wives and the co-wives of their co-wives from ḥalîṣah and levirate, etc.” Rebbi Joḥanan said, she may repudiate the levir to invalidate the claim of the dead brother, to permit the co-wife to her father, and the daughter-in-law to her father-in-law. Rav and Rebbi Simeon ben Laqish both say, she may not repudiate the levir to invalidate the claim of the dead brother, to permit the co-wife to her father, and the daughter-in-law to her father-in-law. Do Rav and Rebbi Simeon ben Laqish follow the house of Shammai, since the House of Shammai say “the husband”? Where do we hold? If she says, I can stand neither the marriage with your brother nor with you, everybody agrees that she invalidates. But we hold in case she says “I cannot stand marriage”. Rebbi Joḥanan said, I can stand neither the marriage with your brother nor with you. Rav and Rebbi Simeon ben Laqish both say, she says I cannot stand marriage with you but marriage with your brother I want. The Mishnah disagrees with Rebbi Joḥanan: “And all of these, if they died, or repudiated, or were divorced, or found to be she-rams, their co-wives are permitted.” Was she not divorced from him? Similarly, she repudiated him. Rebbi Ḥiyya stated: If they repudiated or were divorced in the husband’s lifetime, their co-wives are permitted. After the husband’s death their co-wives perform ḥalîṣah but not levirate.

Rebbi Aḥa, Rebbi Ḥanina, in the name of Rebbi Simeon ben Laqish: This means that a minor cannot give birth; because otherwise she could wait until she grew up, repudiate her husband, and permit her co-wife to her son-in-law. The daughter-in-law of Rebbi Ismael repudiated while her son was on her shoulder. Rebbi Ḥizqiah in the name of Rebbi Abbahu: Rebbi Jehudah, Rebbi Simeon, and Rebbi Ismael said the same. It was stated: Until when may the daughter repudiate? Until she grows two pubic hairs, the words of Rebbi Meїr. Rebbi Judah says until the black covers most. Rebbi Simeon says until the hill of Venus expands. Rebbi Ze‘ira, Rebbi Ḥiyya in the name of Rebbi Simeon ben Laqish: Until the mons Veneris enlarges and the black be more than the white.

HALAKHAH: “Six incest prohibitions are more stringent than these since they [concern women who] must be married to others”, etc. In what are they more stringent? Here there is extirpation, there is extirpation. Here there is bastardy, there there is bastardy. What is more stringent? That they cannot be married to the brothers without transgression. And Rebbi Ḥiyya stated thus: For all women who may be married to the brothers without transgression, their co-wives are free from ḥalîṣah and levirate.

Rebbi Ḥiyya stated: “A co-wife is only from a brother”. Rebbi Yose said, our Mishnah says the same: “Since they must be married to others, their co-wives are permitted.” Rebbi Jeremiah asked: Why can there not be a co-wife from the market place? Rebbi Yose said, did Rebbi Jeremiah not hear what Rebbi Ḥiyya said, did he not hear our Mishnah, “since they must be married to others, their co-wives are permitted”? He turned around and said, certainly did he hear. But he is a person who hears something and questions it.

Rebbi Ḥiyya stated: “A co-wife is only from a brother”. Rebbi Yose said, our Mishnah says the same: “Since they must be married to others, their co-wives are permitted.” Rebbi Jeremiah asked: Why can there not be a co-wife from the market place? Rebbi Yose said, did Rebbi Jeremiah not hear what Rebbi Ḥiyya said, did he not hear our Mishnah, “since they must be married to others, their co-wives are permitted”? He turned around and said, certainly did he hear. But he is a person who hears something and questions it.

Rebbi Ze‘ira in the name of Rav Sheshet: There, one stated: The words of Rebbi Simeon are that both are forbidden. This is difficult. If “bespeaking” acquires, are not both permitted? This is a question of acquiring not by “bespeaking” but by candidacy. This is difficult. If candidacy acquires, both are permitted. If candidacy does not acquire, the first one is forbidden but the second permitted. Maybe candidacy for Rebbi Simeon is like “bespeaking” for the rabbis. Just as the rabbis say, “bespeaking” acquires but leaves a remainder, so Rebbi Simeon says, candidacy acquires but leaves a remainder. This is difficult. That aspect which is acquired by candidacy implies a prohibition of an equal part of the co-wife, that part which is not acquired by candidacy implies permission of an equal aspect of the co-wife! Shammai said, is this kind of argument applicable to incest prohibitions? What does he mean? As Rebbi Aḥa said in the name of Rebbi Abun bar Ḥiyya, the aspect acquired in any sister-in-law which is not totally inside [the family] is considered to be under the incest prohibition and an incest prohibition frees her co-wife.

HALAKHAH: “They formulated a principle about a sister-in-law: Any woman forbidden,” etc. Rebbi Ze‘ira said: When I was still there, we extracted fourteen cases from “her sister which is also her sister-in-law has levirate”, except his daughter. When we came up here, we heard what Rebbi Ḥiyya stated, since Rebbi Ḥiyya stated: His daughter from a woman he raped was married to a paternal halfbrother; she also has a maternal sister from a different father married to a second brother who died childless. His daughter is forbidden to him but her sister, who is her sister-in-law, is permitted to him. That is, “her sister which is also her sister-in-law has levirate”.

HALAKHAH: “They formulated a principle about a sister-in-law: Any woman forbidden,” etc. Rebbi Ze‘ira said: When I was still there, we extracted fourteen cases from “her sister which is also her sister-in-law has levirate”, except his daughter. When we came up here, we heard what Rebbi Ḥiyya stated, since Rebbi Ḥiyya stated: His daughter from a woman he raped was married to a paternal halfbrother; she also has a maternal sister from a different father married to a second brother who died childless. His daughter is forbidden to him but her sister, who is her sister-in-law, is permitted to him. That is, “her sister which is also her sister-in-law has levirate”.

It is obvious that if somebody had ḥalîṣah with a woman forbidden by a commandment or because of sanctity, the co-widow was freed. When he had intercourse with her? Rebbi Yose said, Rebbi Eleazar and Rebbi Joḥanan disagree; they say the co-widow was not freed. Rebbi Shammai switches the [names] of this tradition. The position of Rebbi Shammai is reasonable since everywhere Rebbi Eleazar seeks support from the great Rebbi Ḥiyya and Rebbi Ḥiyya stated for women forbidden by a commandment or because of sanctity, if he had ḥalîṣah or intercourse with her, the co-widow was freed.

It is obvious that if somebody had ḥalîṣah with a woman forbidden by a commandment or because of sanctity, the co-widow was freed. When he had intercourse with her? Rebbi Yose said, Rebbi Eleazar and Rebbi Joḥanan disagree; they say the co-widow was not freed. Rebbi Shammai switches the [names] of this tradition. The position of Rebbi Shammai is reasonable since everywhere Rebbi Eleazar seeks support from the great Rebbi Ḥiyya and Rebbi Ḥiyya stated for women forbidden by a commandment or because of sanctity, if he had ḥalîṣah or intercourse with her, the co-widow was freed.

HALAKHAH: “If two [men] gave qiddushin to two sisters,” etc. It was stated: These rules apply both for Israel and for Cohanim. That is, if ḥalîṣah was performed first and the levirate afterwards. But to perform levirate first is forbidden; maybe his brother will die and it will turn out that he cohabited with the sister of his sister-in-law. Rav Ḥisda said, that means that having relations with the sister of his sister-in-law does not make her unfit for [marriage into] priesthood. Rebbi Yose bar Abba said, Rebbi Ḥiyya stated: He who cohabited with the sister of a woman for whom he had performed ḥalîṣah did not make her unfit for [marriage into] priesthood.

HALAKHAH: “A rabbi who forbade a woman to her husband because of a vow”, etc. “A rabbi who forbade a woman to her husband because of a vow cannot marry her.” I would say, that was his intention from the start. “If she repudiated or performed ḥalîṣah before him he may marry her since he acts as a court”, because two will not usually sin for the benefit of a third. There, we have stated: “If somebody deposits fruit with another person, that one should not touch it even if it spoils. Rabban Simeon ben Gamliel said, he shall sell it under the supervision of a court because one is obliged to return a find to its owners.” Rebbi Abba bar Jacob said in the name of Rebbi Joḥanan, practice follows Rabban Simeon ben Gamliel. What does one do with the money? Rav Jehudah said, the disagreement of Rebbi Aqiba and Rebbi Ṭarphon. It is a condition that the members of the court cannot buy. Rebbi Aqiba said, Rebbi Ḥiyya ben Rebbi Sabbatai asked: Here, you say, “if she repudiated or performed ḥalîṣah before him he may marry her since he acts as a court,” and here, you say so? Rebbi Yose said, there, the buy could be in thirds, but here, two will not usually sin for the benefit of a third.

Rebbi Yose ben Ḥanina asked before Rebbi Joḥanan: Here, you say, if his sister-in-law died, his wife is permitted to him, if his wife died, his sister-in-law is permitted to him, and here you say so? He said to him, I do not know the reason for [the rule regarding] sisters. Rebbi Abba, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: I do not know the reason for [the rule regarding] sisters who are sisters-in-law. Rebbi Hila, Rebbi Yasa, in the name of Rebbi Joḥanan: The prohibition of sisters who are sisters-in-law cannot be compared to the prohibition of sisters who are not sisters-in-law. Rebbi Jeremiah said, explain it that the house fell on both [brothers] at the same time. Rebbi Yose asked, did Rebbi Joḥanan say, I do not know the reason for [the rule regarding] sisters who are sisters-in-law if the house fell on both [brothers] at the same time? Only if they died one after the other. They wanted to say, what was the problem of Rebbi Joḥanan? If the second one died, why should the first one not be permitted to him? But if the first one died, the second should be forbidden to him. Rebbi Yudan said, both cases are the same problem for him. And candidacy counts for nothing since if there are three brothers,two of them paternal but not maternal halfbrothers, and two maternal but not paternal halfbrothers. If the paternal halfbrother died first and the second brother had no time to perform ḥalîṣah or levirate before he died, and she became eligible for his maternal halfbrother, may he not take her? This shows that candidacy is nothing, [otherwise] she should be forbidden as the maternal halfbrother’s wife.

HALAKHAH: “Three brothers married to three women,” etc. Can a woman waiting for a levir who became available to several brothers-in-law not be married in levirate? Rebbi Ḥiyya stated: The wife of one [dead husband] is married in levirate, not the wife of two dead. One understands that he has to perform ḥalîṣah with the “bespoken” because the wife of one [dead husband] is married in levirate, not the wife of two dead. Why can the other one not be married in levirate? Rebbi Eleazar said, this follows Rebbi Meïr, since Rebbi Meïr said, of any one you cannot marry in levirate, you cannot marry the co-wife in levirate. Rebbi Joḥanan said, if Rebbi Eleazar formulated this, he formulated what he had heard from me. Rebbi Yose said, a Mishnah said so: “ A boy at least nine years and one day old who had intercourse with his sister-in-law and when he grew up he married another wife; if he never had intercourse with the first again after he became an adult, the second [wife] may perform ḥalîṣah or be married in levirate. The first one must perform ḥalîṣah and cannot be married in levirate.” Here you say, she performs ḥalîṣah; there you say, she is married in levirate! Where you say she performs ḥalîṣah, Rebbi Meïr and Rebbi Simeon; where you say, she is married in levirate, Rebbi Simeon and the rabbis. Rebbi Abun bar Bisna in the name of Rebbi Aḥa, but only if first he married in levirate and then performed ḥalîṣah. But if he performed ḥalîṣah first, it is forbidden; perhaps “bespeaking” acquired and she was freed by her co-wife’s ḥalîṣah.

Rebbi Ḥiyya stated: Sometimes four times, sometimes eight times, sometimes twelve times, sometimes sixteen times. They are guilty under the heading of adultery with a married woman, each couple for two. If they were brothers, under the heading of “brother’s wife”, each couple for four. If they were sisters, under the heading of “a wife together with her sister”, each couple six. If they were menstruating, under the heading of “menstruating”, each couple eight. If the men are minors and the women adults, they are free. If the men are adults and the women minors, they are obligated two by two because of menstruation. If their father married them off, for all eight. If one of the men was an adult and the other a minor, the one who had intercourse with the minor is guilty as wife of the adult but the one who had intercourse with the adult is free as wife of the minor.

HALAKHAH: “If somebody performed ḥalîṣah with his sister-in-law but she turns out to have been pregnant,” etc. If he transgressed, but not from the start. That follows the Mishnah: “The widow should not perform ḥalîṣah or have levirate until after three months.” Why can she not have ḥalîṣah immediately? As you take it, if she has a live birth, ḥalîṣah did not affect her. If she has a still birth, she holds ḥalîṣah in her hand. Rebbi Ze‘ira, Rebbi Ḥiyya, Rebbi Abun in the name of Rebbi Joḥanan, that she should not need a proclamation for the priesthood. Rebbi Abba, Rebbi Jacob bar Idi, in the name of Rebbi Hoshaiah, that she should not need a proclamation for the priesthood. Rebbi Hoshaiah stated: “My levir refuses.” To the one to whom one says: perform levirate, to him one says: perform ḥalîṣah; but to the one to whom one cannot say: perform levirate, to him one cannot say: perform ḥalîṣah! What is the difference between them? If she had been acceptable and was desecrated, e. g., a widow for the High Priest or a divorcee or one who had performed ḥalîṣah for a common priest. According to him who says that she should not need a proclamation for the priesthood; that one, who does not need a proclamation for the priesthood, should have ḥalîṣah. According to him who says that to the one to whom one says: perform levirate, to him does one say: perform ḥalîṣah?

If there was ḥalîṣah during these three months, does she need another one after three months? Let us hear from the following: “A minor who performed ḥalîṣah should perform ḥalîṣah after she grows up; if she performed [only one] ḥalîṣah, the ḥalîṣah she performed is valid.” Rebbi Mana said it anonymously, Rebbi Isaac the son of Rebbi Ḥiyya brought it in the name of Rebbi Joḥanan; this is Rebbi Meïr‘s, since Rebbi Meïr says one does neither perform ḥalîṣah nor levirate with a minor: maybe she would turn out to be a she-ram. As you say there, even though she already performed ḥalîṣah, she again performs ḥalîṣah; so here also though she did perform ḥalîṣah, she performs ḥalîṣah.

Samuel said, one can transfer benefits to fetuses; Rebbi Eleazar said, one cannot transfer benefits to fetuses. Rebbi Yose said, even though Samuel said, one can transfer benefits to fetuses, he agrees that most of [the fetus’s] head and body must come out alive. That is the Mishnah, “if somebody performed ḥalîṣah with his sister-in-law but she turns out to have been pregnant,” as you say here, retroactively ḥalîṣah did not touch her, so retroactively the child is a son and receives the benefit. There, we have stated: “If somebody says, if my wife gives birth to a male, he shall take a mina, if she gave birth to a male, [the male baby] will take a mina. If a female, 200 [drachmae], if she gave birth to a female, that one will take 200.” Rebbi Eleazar said, this is only for his son, but not for any other. Rebbi Yasa said, even any other. In the opinion of Rebbi Eleazar, only from a sick person, but not a healthy one; only movables but not real estate. A baraita disagrees with Rebbi Eleazar. “ If a proselyte died and Jews plundered his estate, then it became known that he had a son overseas or that [his wife] was pregnant, everybody is required to return [what he took].” What does Rebbi Eleazar do with this? There is a difference because it is his child. The second part [of the Mishnah] disagrees with Samuel in the interpretation of Rebbi Yose: “If they returned everything and then the son died or she had a miscarriage, anybody who takes first after that acquires it.” The first group did not acquire. Even at the beginning they should not have acquired! Did not Rebbi Yose say, even though Samuel said, one can transfer benefits to fetuses, he agrees that most of [the fetus’s] head and body must come out alive. He was not living! Rebbi Isaac bar Eleazar said, because of abandoning. The rabbis of Caesarea, R. Ḥiyya bar Abba, Rebbi Abba bar Natan: Rebbi Natan changed his mind because of that Mishnah: “If a male, a mina, if a female, 200.” Is a female in this situation not like an outsider? Bar Qappara stated: “On transfers benefit to a one day old.”

Rav said, in any case where the true fact can never be established, one does not have to bring a reparation offering for the doubt. How is that? If there were before him two olive-sized pieces, one of suet and one of fat, he ate one of them, and then a raven ate the other. Since he cannot ascertain the true fact, one does not have to bring a reparation offering for this doubt. But if the raven ate first and then he ate, since he could have ascertained the true fact, one has to bring a reparation offering for the doubt. But did not Rav say, only if he made sure that it certainly was suet? Even though Rav said, only if he made sure that it certainly was suet, he agrees here that he could have ascertained the true fact. A baraita disagrees with Rav: “As Rebbi Eleazar says, one must bring a reparation offering for the doubt of suet.” What does Rav do with that? They disagree with the words of Rebbi Eleazar. A baraita disagrees with Rav: “If there were both a piece of profane [meat] and a piece of sacrificial [meat], he ate one of them and it is not known which one, he brings a reparation offering for the doubt. If he [then] ate the second piece, he brings a reparation offering for a certain transgression. If he ate the first piece and another person came and ate the second, each one brings a reparation offering for the doubt.” One understands that the first brings a reparation offering for the doubt. Why the second? Rebbi Yose said, explain it that the piece was large, he ate half of it and left the other half. A Mishnah disagrees with Rav: “If it is doubtful whether [the child is] a nine-month child of the first [brother] or a seven-month of the second, he has to divorce her, the child is legitimate, and they are obligated for a reparation offering for the doubt.” Here it is impossible to ascertain the true fact and they are obligated for a reparation offering for the doubt! Rebbi Yose said, Rebbi Ze‘ira explained it before Rebbi Ḥiyya bar Abba; Rebbi Ḥizqiah, Rebbi Ḥiyya bar Abba: Rebbi Ze‘ira explained it before us. Since he could just have touched her and then separated, he could have known whether it is his or the other’s, it is as if he could have ascertained the true fact!

Rav said, in any case where the true fact can never be established, one does not have to bring a reparation offering for the doubt. How is that? If there were before him two olive-sized pieces, one of suet and one of fat, he ate one of them, and then a raven ate the other. Since he cannot ascertain the true fact, one does not have to bring a reparation offering for this doubt. But if the raven ate first and then he ate, since he could have ascertained the true fact, one has to bring a reparation offering for the doubt. But did not Rav say, only if he made sure that it certainly was suet? Even though Rav said, only if he made sure that it certainly was suet, he agrees here that he could have ascertained the true fact. A baraita disagrees with Rav: “As Rebbi Eleazar says, one must bring a reparation offering for the doubt of suet.” What does Rav do with that? They disagree with the words of Rebbi Eleazar. A baraita disagrees with Rav: “If there were both a piece of profane [meat] and a piece of sacrificial [meat], he ate one of them and it is not known which one, he brings a reparation offering for the doubt. If he [then] ate the second piece, he brings a reparation offering for a certain transgression. If he ate the first piece and another person came and ate the second, each one brings a reparation offering for the doubt.” One understands that the first brings a reparation offering for the doubt. Why the second? Rebbi Yose said, explain it that the piece was large, he ate half of it and left the other half. A Mishnah disagrees with Rav: “If it is doubtful whether [the child is] a nine-month child of the first [brother] or a seven-month of the second, he has to divorce her, the child is legitimate, and they are obligated for a reparation offering for the doubt.” Here it is impossible to ascertain the true fact and they are obligated for a reparation offering for the doubt! Rebbi Yose said, Rebbi Ze‘ira explained it before Rebbi Ḥiyya bar Abba; Rebbi Ḥizqiah, Rebbi Ḥiyya bar Abba: Rebbi Ze‘ira explained it before us. Since he could just have touched her and then separated, he could have known whether it is his or the other’s, it is as if he could have ascertained the true fact!

Rebbi Isaac ben Tevele in the name of Rebbi Eleazar: The reason of Rebbi Jehudah: “ The first-born whom she will bear shall be”; He compared it to a first-born. Since the first-born does not inherit during his father’s lifetime, so this one does not inherit during his father’s lifetime. But since the first-born inherits after his father’s death, does this one inherit after his father’s death? Rebbi Ze‘ira said, since the first-born does not inherit when it was time to inherit, so this one does not inherit when it was time to inherit. Afterwards he cannot inherit. Rebbi Abba bar Cahana, Rebbi Ḥiyya bar Ashi in the name of Rav: Practice follows Rebbi Jehudah. Rebbi Joshua ben Levi said, practice follows Rebbi Judah. Rebbi Abbahu, Rebbi Eleazar in the name of Rebbi Hoshaia, practice follows Rebbi Judah. Rebbi Joḥanan said, many times I sat before Rebbi Hoshaia and never heard that from him. He said to him, does nobody exist who heard something his partner did not hear?

HALAKHAH: “No sister-in-law should be a party to ḥalîṣah,” etc. How long is it until a pregnancy is recognized? Symmachos said in the name of Rebbi Meїr: After three months. Even though it is no proof, there is a hint: “It was after about three months.” 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.” 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. Rav 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 Meїr said, even 40 to 50 days. Rebbi Jehudah said, her month is sufficient. Rebbi Yose and Rebbi Simeon say, no labor is 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 Rebbi Abba: This implies that a woman gives birth after full months. Since we have stated: “Her month is sufficient.”

Rab 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 female donkey 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 ben Levi disagree, since Rebbi Joshua ben Levi said, the cattle herd of the government was there for copulating and those of the house of Rebbi took bulls from them to copulate. Some of them gave birth soon and some of them later. Here it is about a pure animal, there about an impure animal. But is it not written, “do you know the time the mountain goats will give birth, etc.” “Count months, make them complete, you will know the time of their giving birth.” “Do you know the time of giving birth?” A pure wild animal is like a domestic impure animal.

Rebbi Meїr is suspicious about bills of divorce. Rebbi Jehudah is suspicious about a child. Rebbi Yose is suspicious about bills of divorce and a child. Could you say that Rebbi Meїr is not suspicious about bills of divorce, as we have stated: “Those that had received qiddushin can be married.” Rebbi Ze‘ira in the name of Rebbi Gedula: The one who repudiates does not have to wait three months; the one who leaves by a bill of divorce needs to wait three months. This supports Rebbi Me‘ir since Rebbi Meїr is suspicious about bills of divorce. Rebbi Abba in the name of Rebbi Abba bar Jeremiah: A woman who has been raped does not have to wait three months. This supports Rebbi Yose, since Rebbi Yose is suspicious about bills of divorce and a child. It was stated: The proselyte, the captive, and the slave woman who were redeemed, or converted, or freed, have to wait three months, the words of Rebbi Judah. Rebbi Yose says, they do not have to wait. Their blood, Rebbi Jehudah says, makes impure 24 hours retroactively; Rebbi Yose says, from its moment onwards. Rebbi said, the words of Rebbi Judah are reasonable for the blood, and the words of Rebbi Yose for the child. Rebbi Ḥanina ben Rebbi Abbahu said, my father had a case and he asked Rebbi Ḥiyya, Rebbi Yasa, and Rebbi Immi, and they instructed him following Rebbi Yose for the child. For if it were not so, what could we say? Between Rebbi Jehudah and Rebbi Yose, practice does not follow Rebbi Yose? But because Rebbi said, “they are reasonable”. Did not Rebbi Abba say in the name of Rebbi Ze‘ira, every time Rebbi taught “they are reasonable”, the disagreement is unresolved except in the case of the fig cake where each party to the controversy accepts the opposition’s argument. Rebbi Yose said, I stated a difficulty before Rebbi Ḥanina ben Rebbi Abbahu: Even if it is certain that they had sex? He said to him, is a normal Gentile not like one who had sex? Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, one disregards the anonymous [Mishnah] and follows an isolated opinion! He found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He understood that following Rebbi Simeon, he found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He said, the old man certainly understands the chapters about bills of divorce.

Rebbi Meїr is suspicious about bills of divorce. Rebbi Jehudah is suspicious about a child. Rebbi Yose is suspicious about bills of divorce and a child. Could you say that Rebbi Meїr is not suspicious about bills of divorce, as we have stated: “Those that had received qiddushin can be married.” Rebbi Ze‘ira in the name of Rebbi Gedula: The one who repudiates does not have to wait three months; the one who leaves by a bill of divorce needs to wait three months. This supports Rebbi Me‘ir since Rebbi Meїr is suspicious about bills of divorce. Rebbi Abba in the name of Rebbi Abba bar Jeremiah: A woman who has been raped does not have to wait three months. This supports Rebbi Yose, since Rebbi Yose is suspicious about bills of divorce and a child. It was stated: The proselyte, the captive, and the slave woman who were redeemed, or converted, or freed, have to wait three months, the words of Rebbi Judah. Rebbi Yose says, they do not have to wait. Their blood, Rebbi Jehudah says, makes impure 24 hours retroactively; Rebbi Yose says, from its moment onwards. Rebbi said, the words of Rebbi Judah are reasonable for the blood, and the words of Rebbi Yose for the child. Rebbi Ḥanina ben Rebbi Abbahu said, my father had a case and he asked Rebbi Ḥiyya, Rebbi Yasa, and Rebbi Immi, and they instructed him following Rebbi Yose for the child. For if it were not so, what could we say? Between Rebbi Jehudah and Rebbi Yose, practice does not follow Rebbi Yose? But because Rebbi said, “they are reasonable”. Did not Rebbi Abba say in the name of Rebbi Ze‘ira, every time Rebbi taught “they are reasonable”, the disagreement is unresolved except in the case of the fig cake where each party to the controversy accepts the opposition’s argument. Rebbi Yose said, I stated a difficulty before Rebbi Ḥanina ben Rebbi Abbahu: Even if it is certain that they had sex? He said to him, is a normal Gentile not like one who had sex? Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, one disregards the anonymous [Mishnah] and follows an isolated opinion! He found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He understood that following Rebbi Simeon, he found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He said, the old man certainly understands the chapters about bills of divorce.

Rebbi Meїr is suspicious about bills of divorce. Rebbi Jehudah is suspicious about a child. Rebbi Yose is suspicious about bills of divorce and a child. Could you say that Rebbi Meїr is not suspicious about bills of divorce, as we have stated: “Those that had received qiddushin can be married.” Rebbi Ze‘ira in the name of Rebbi Gedula: The one who repudiates does not have to wait three months; the one who leaves by a bill of divorce needs to wait three months. This supports Rebbi Me‘ir since Rebbi Meїr is suspicious about bills of divorce. Rebbi Abba in the name of Rebbi Abba bar Jeremiah: A woman who has been raped does not have to wait three months. This supports Rebbi Yose, since Rebbi Yose is suspicious about bills of divorce and a child. It was stated: The proselyte, the captive, and the slave woman who were redeemed, or converted, or freed, have to wait three months, the words of Rebbi Judah. Rebbi Yose says, they do not have to wait. Their blood, Rebbi Jehudah says, makes impure 24 hours retroactively; Rebbi Yose says, from its moment onwards. Rebbi said, the words of Rebbi Judah are reasonable for the blood, and the words of Rebbi Yose for the child. Rebbi Ḥanina ben Rebbi Abbahu said, my father had a case and he asked Rebbi Ḥiyya, Rebbi Yasa, and Rebbi Immi, and they instructed him following Rebbi Yose for the child. For if it were not so, what could we say? Between Rebbi Jehudah and Rebbi Yose, practice does not follow Rebbi Yose? But because Rebbi said, “they are reasonable”. Did not Rebbi Abba say in the name of Rebbi Ze‘ira, every time Rebbi taught “they are reasonable”, the disagreement is unresolved except in the case of the fig cake where each party to the controversy accepts the opposition’s argument. Rebbi Yose said, I stated a difficulty before Rebbi Ḥanina ben Rebbi Abbahu: Even if it is certain that they had sex? He said to him, is a normal Gentile not like one who had sex? Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, one disregards the anonymous [Mishnah] and follows an isolated opinion! He found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He understood that following Rebbi Simeon, he found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He said, the old man certainly understands the chapters about bills of divorce.

Rebbi Joḥanan said, everywhere one taught anonymous Mishnaiot, it follows the rabbis unless one’s teacher explains it [differently]. Rebbi Simeon ben Laqish says, all anonymous Mishnaiot follow Rebbi Meїr unless one’s teacher explains it [differently]. Rebbi Ze‘ira said before Rebbi Yasa, not that Rebbi Simeon ben Laqish disagrees, only he saw that most anonymous Mishnaiot follow Rebbi Meїr. Rebbi Ze‘ira asked before Rebbi Mana: What kind of teacher? The teacher of the baraita or the teacher of study? Does not the story of Rebbi Eleazar imply, the teacher of the baraita? “Following Rebbi Simeon, he found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He said, the old man certainly understands his chapters.” We have to say that he received instruction from the teacher of the baraita when he understood that Rebbi Ḥiyya stated it in the name of Rebbi Meїr.

Rebbi Joḥanan said, everywhere one taught anonymous Mishnaiot, it follows the rabbis unless one’s teacher explains it [differently]. Rebbi Simeon ben Laqish says, all anonymous Mishnaiot follow Rebbi Meїr unless one’s teacher explains it [differently]. Rebbi Ze‘ira said before Rebbi Yasa, not that Rebbi Simeon ben Laqish disagrees, only he saw that most anonymous Mishnaiot follow Rebbi Meїr. Rebbi Ze‘ira asked before Rebbi Mana: What kind of teacher? The teacher of the baraita or the teacher of study? Does not the story of Rebbi Eleazar imply, the teacher of the baraita? “Following Rebbi Simeon, he found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He said, the old man certainly understands his chapters.” We have to say that he received instruction from the teacher of the baraita when he understood that Rebbi Ḥiyya stated it in the name of Rebbi Meїr.

HALAKHAH: “He who takes back his divorcee,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan: He who takes back his divorcee after she had remarried makes her blemished for the priesthood. Without that, is she not blemished for the priesthood? But, she is blemished in that she cannot eat heave. Rebbi Ze‘ira, Rebbi Ḥiyya in the name of Rebbi Joḥanan: The daughet of a man who takes back his divorcee after she had remarried is acceptable for the priesthood. What is the reason? “She is an abomination”. She is an abomination, the child is not an abomination.

HALAKHAH: “He who takes back his divorcee,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan: He who takes back his divorcee after she had remarried makes her blemished for the priesthood. Without that, is she not blemished for the priesthood? But, she is blemished in that she cannot eat heave. Rebbi Ze‘ira, Rebbi Ḥiyya in the name of Rebbi Joḥanan: The daughet of a man who takes back his divorcee after she had remarried is acceptable for the priesthood. What is the reason? “She is an abomination”. She is an abomination, the child is not an abomination.

HALAKHAH: “If somebody comes to his sister-in-law,” etc. We have stated: “Even if he is in error and she acts criminally, or he does it criminally but she is in error.” Rebbi Ḥiyya stated: Even if both act in error, even if both act criminally. They wanted to say, a hearing person who is competent acquires both if he has the intention and if he does not have the intention but the deaf-mute, who is not competent, should acquire only if he has the intention. It was found that Rebbi Ḥiyya stated: Both the deaf-mute and the insane who copulated acquired [the widow] and freed the co-wives.

HALAKHAH: “If somebody comes to his sister-in-law,” etc. We have stated: “Even if he is in error and she acts criminally, or he does it criminally but she is in error.” Rebbi Ḥiyya stated: Even if both act in error, even if both act criminally. They wanted to say, a hearing person who is competent acquires both if he has the intention and if he does not have the intention but the deaf-mute, who is not competent, should acquire only if he has the intention. It was found that Rebbi Ḥiyya stated: Both the deaf-mute and the insane who copulated acquired [the widow] and freed the co-wives.

What is touching? Rav Jehudah in the name of Samuel: That the finger should be seen between the lips. Rebbi Joḥanan said, until the gland enters. Rebbi Abba bar Ḥiyya in the name of Rebbi Joḥanan: When the gland has entered that is completion of intercourse. What are we dealing with? If about incest prohibitions, He made the one who touches equal to him who finishes. If for a bound slave girl, until he ejaculates, since Rebbi Jeremiah, Rebbi Abba bar Mamal, said in the name of Rav: “Flow of semen”, until he ejaculates. But we must deal with a widow for the High Priest. When he touched her, he became guilty for desecrating her. When the gland entered, he became guilty for having intercourse. When he ejaculated, he became guilty because “he shall not desecrate his semen in his people.”

Rebbi Ḥiyya bar Ada asked Rebbi Mana: What is the etymology of “mĕlōg slaves”? He said to him, as you say: strip off, strip off!

“The deaf-and-dumb disables.” Did not Rebbi Ḥiyya state: “The wife of the deaf-and-dumb or the insane immerses herself from her husband’s bosom and eats”? Rebbi Abba Mari and Rebbi Mattaniah, one said, a disqualified deaf-and-dumb, the other said, a deaf-and-dumb levir.

This supports what Rebbi Ḥiyya stated: The wife of the deaf-and-dumb or the insane immerses herself from her husband’s bosom and eats, against Rebbi Eleazar, since Rebbi Eleazar said, also if an unmarried man had intercourse with an unmarried woman not for the purpose of marriage it is copulation of harlotry.

A slave may be a permanent sojourner. A sojourner is like a Gentile in every respect. Rebbi Samuel bar Ḥiyya bar Jehudah in the name of Rebbi Ḥanina: One keeps the sojourner for twelve months. If he changes his mind, that is fine; otherwise he is like a Gentile in all respects. Rebbi Samuel bar Ḥiyya bar Jehudah, Rebbi Ḥanina in the name of Rebbi: The sojourner has to accept on condition that he may eat cadaver meat. Rebbi Hila said, one would then say, the words are [interpreted] as they are written. What does it mean, the words are [interpreted] as they are written? Rebbi Yose ben Ḥanina said, “You shall not eat any cadaver; to the sojourner in your midst you shall give it that he eat it.” Some Tannaim state: One does not receive a sojourner unless he accepts all commandments written in the Torah. Some Tannaim state: One does not receive a sojourner unless he renounces his idolatry. Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi: One does not receive a sojourner unless he renounces his idolatry as a Gentile. Rebbi Ze‘ira said, from their consensus: unless he renounces his idolatry as a Gentile. For if it were not so, what would we say? Since he is forbidden idolatry he cannot render profane. But are Gentiles not also forbidden idolatry and they do render profane? Rebbi Yose said, that you should not say, since he is equal to an Israel in three respects, do not oppress, do not cheat, and he is exiled like an Israel, that he has no power to render profane. Therefore, it was necessary to spell out that he renders idols profane like a Gentile. Who is the Tanna who includes “do not oppress”? He is Rebbi Yose ben Rebbi Jehudah, as it was stated: The sojourner is protected by the prohibition, the words of Rebbi Yose ben Rebbi Jehudah.

A slave may be a permanent sojourner. A sojourner is like a Gentile in every respect. Rebbi Samuel bar Ḥiyya bar Jehudah in the name of Rebbi Ḥanina: One keeps the sojourner for twelve months. If he changes his mind, that is fine; otherwise he is like a Gentile in all respects. Rebbi Samuel bar Ḥiyya bar Jehudah, Rebbi Ḥanina in the name of Rebbi: The sojourner has to accept on condition that he may eat cadaver meat. Rebbi Hila said, one would then say, the words are [interpreted] as they are written. What does it mean, the words are [interpreted] as they are written? Rebbi Yose ben Ḥanina said, “You shall not eat any cadaver; to the sojourner in your midst you shall give it that he eat it.” Some Tannaim state: One does not receive a sojourner unless he accepts all commandments written in the Torah. Some Tannaim state: One does not receive a sojourner unless he renounces his idolatry. Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi: One does not receive a sojourner unless he renounces his idolatry as a Gentile. Rebbi Ze‘ira said, from their consensus: unless he renounces his idolatry as a Gentile. For if it were not so, what would we say? Since he is forbidden idolatry he cannot render profane. But are Gentiles not also forbidden idolatry and they do render profane? Rebbi Yose said, that you should not say, since he is equal to an Israel in three respects, do not oppress, do not cheat, and he is exiled like an Israel, that he has no power to render profane. Therefore, it was necessary to spell out that he renders idols profane like a Gentile. Who is the Tanna who includes “do not oppress”? He is Rebbi Yose ben Rebbi Jehudah, as it was stated: The sojourner is protected by the prohibition, the words of Rebbi Yose ben Rebbi Jehudah.

A slave may be a permanent sojourner. A sojourner is like a Gentile in every respect. Rebbi Samuel bar Ḥiyya bar Jehudah in the name of Rebbi Ḥanina: One keeps the sojourner for twelve months. If he changes his mind, that is fine; otherwise he is like a Gentile in all respects. Rebbi Samuel bar Ḥiyya bar Jehudah, Rebbi Ḥanina in the name of Rebbi: The sojourner has to accept on condition that he may eat cadaver meat. Rebbi Hila said, one would then say, the words are [interpreted] as they are written. What does it mean, the words are [interpreted] as they are written? Rebbi Yose ben Ḥanina said, “You shall not eat any cadaver; to the sojourner in your midst you shall give it that he eat it.” Some Tannaim state: One does not receive a sojourner unless he accepts all commandments written in the Torah. Some Tannaim state: One does not receive a sojourner unless he renounces his idolatry. Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi: One does not receive a sojourner unless he renounces his idolatry as a Gentile. Rebbi Ze‘ira said, from their consensus: unless he renounces his idolatry as a Gentile. For if it were not so, what would we say? Since he is forbidden idolatry he cannot render profane. But are Gentiles not also forbidden idolatry and they do render profane? Rebbi Yose said, that you should not say, since he is equal to an Israel in three respects, do not oppress, do not cheat, and he is exiled like an Israel, that he has no power to render profane. Therefore, it was necessary to spell out that he renders idols profane like a Gentile. Who is the Tanna who includes “do not oppress”? He is Rebbi Yose ben Rebbi Jehudah, as it was stated: The sojourner is protected by the prohibition, the words of Rebbi Yose ben Rebbi Jehudah.

“If he did not know her carnally after he was injured in his testicles or his penis was cut off, they may eat.” Rebbi Eleazar said, this is Rebbi Eleazar’s and Rebbi Simeon’s. Rebbi Joḥanan said, it is everybody’s opinion; there is a difference since he did not add an acquisition to disable. It turns out that this disagreement parallels the other disagreement, since they disagreed: A priestly woman waiting for her levir who became eligible to two priestly levirs. If one of them “bespoke” her but did not have occasion to bring her to the marriage chamber before he became injured in his testicles or his penis was damaged, Rebbi Simeon ben Laqish said, since she is a candidate for disabling intercourse, she is disabled. Rebbi Joḥanan said, when he will copulate. If one of them was qualified but the other disqualified, even Rebbi Joḥanan agrees. Rebbi Ḥiyya bar Ada asked before Rebbi Mana, if the qualified one “bespoke” her? He said to him, the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish.

“The one whose urethra is cut off, anyone whose penis is cut, but he is qualified if there is a thread’s [breath] left of the corona,” etc. Rebbi Yose in the name of Rebbi Ḥanina: Of the upper side of the corona. Rebbi Ḥiyya in the name of Rebbi Ḥanina: Of the lower side of the corona. Rebbi Joshua ben Levi said, of the lower side of the corona. There, they said, if it has the shape of a drainpipe, he is qualified. Rebbi Hila in the name of Rebbi Joḥanan, if it has the shape of a writing reed, he is qualified, of an inverted writing reed, he is disqualified. If it is punctured, from the inside he is disqualified, from the outside he is qualified. Rebbi Abba in the name of Rav Jehudah, “inside” [means] from the corona towards the body; “outside” [means] from the corona away from the body. If it is punctured, he is disqualified; if it became blocked, he is qualified. If [the urethra] is punctured, he is disqualified, because it pours out; if it became blocked, he is qualified because he can be fertile. That is a disqualification which can revert to a qualification. The only difference between one injured in his lower parts and one whose testicles are injured are medical rules since an injured testicle may heal, an injured urethra does not heal. What can he do? Rebbi Jacob bar Aḥa in the name of Rav Jehudah: He brings ants, lets them bite, and cuts them off.

HALAKHAH: “Rebbi Joshua said, I heard,” etc. “That the castrate does not perform ḥalîṣah” etc. “Similarly, if the brothers performed ḥalîṣah for a she-ram,” etc. What is a sun-castrate? Rebbi Ḥiyya in the name of Rebbi Joḥanan, anybody whom the sun did not see qualified even for one hour. If somebody stretched out his hand and castrated [the not yet born baby] in the womb, everybody agrees that [when born] he is prohibited from marrying into the congregation and he cannot perform either ḥalîṣah or levirate. One imposes upon him the restrictions of both castrate by human action and sun-castrate in this disagreement.

Rebbi Ḥiyya in the name of Rebbi Joḥanan: These are the words of Rebbi Eliezer, Rebbi Aqiba, and Rebbi Joshua. But the words of the Sages are that neither the castrate by human action nor the congenital castrate is able to perform ḥalîṣah nor does one perform ḥalîṣah for his wife. He cannot perform levirate, nor does one marry his wife in levirate. That is the Mishnah: “The castrate who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her, he disabled her because it is incestuous.” The hermaphrodite who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her, he disabled her because it is incestuous. “Similarly, if the brothers performed ḥalîṣah for a she-ram, they did not disable her; if they copulated with her, they disabled her because it is incestuous.”

HALAKHAH: “A Cohen’s daughter married to an Israel,” etc. Rebbi Leontes asked before Rebbi Yose: One understands that a Cohen’s daughter who was married to an Israel returns to eat. But why does the daughter of an Israel married to a Cohen not eat when she should be enabled to eat? He said to him, so said Rebbi Ze‘ira, Rav Anan in the name of Rav: What means “a Cohen’s daughter”, one who is trained by a Cohen. As you say, “Babylon’s ransacked daughter,” was she the daughter of Babylon? But she behaved in Babylon’s way. Rebbi Yose ben Rebbi Abun in the name of Rav: Two daughters are mentioned in the paragraph. One returns and eats, the other returns but does not eat. A Cohen’s daughter who was married to an Israel returns to eat. A daughter of an Israel married to a Cohen returns but does not eat. Say also, if she was married to a qualified person, she returns and eats, to a disqualified person she returns but does not eat. Rav said, practice is that she returns to eat heave but not to eat breast and foreleg. Rebbi Joḥanan said, she eats breast and foreleg. Rebbi Ḥiyya stated a support for Rav: “of food,” not all the food. Rebbi Simeon ben Ioḥai stated a support for Rebbi Joḥanan: “of her father’s food she shall eat,” to include the loaves of the thanksgiving sacrifice and the cakes of the nazir.

“Neither of them may defile himself for her.” That is what Rebbi Ḥiyya stated: “A man defiles himself for his acceptable wife but he does not defile himself for his disqualified wife.”