jail

Rebbi Samuel said in the name of Rebbi Zeïra, it is Rebbi Simeon’s, for Rebbi Simeon said, nobody can sanctify property that is not his own. Rav said, nobody can jail property that is not his own. Rebbi Jonah said, Rav comes out like Rebbi Simeon; just as Rebbi Simeon said, nobody can sanctify property that is not his own; so Rav said, nobody can jail property that is not his own. But it cannot be explained following the Sages.

Rebbi Samuel said in the name of Rebbi Zeïra, it is Rebbi Simeon’s, for Rebbi Simeon said, nobody can sanctify property that is not his own. Rav said, nobody can jail property that is not his own. Rebbi Jonah said, Rav comes out like Rebbi Simeon; just as Rebbi Simeon said, nobody can sanctify property that is not his own; so Rav said, nobody can jail property that is not his own. But it cannot be explained following the Sages.

HALAKHAH: (Is. 61:11) “Its sown seeds,” the minimum of seeds are two. Rebbi Samuel bar Sisarṭa said, from two you infer four. Just as for two you start at the beginning of six and reduce continuously, so for four you start at the beginning of six and reduce continuously. It is impossible that there should not be a free space to plant in the middle. Rebbi Jonah said, working space joins working space but a kind does not meet another kind to jail it. Rebbi Joshua ben Levi: “Its seed, its seeds, its sown seeds.” That follows Rebbi Jehudah, since Rebbi Jehudah said six, “seed, its seed, its seeds, its sown seeds.” Rebbi Ḥaggai said, זרעיה has five letters; everywhere I find ו,י I delete them. This was asked of Rav Huna, the scribe of the assembly, and he said, זרועיה is written plene. Rebbi Joḥanan in the name of Rebbi Yannai: All inside of six. Cahana in the name of Rebbi Simeon ben Laqish: All at the outside of six. Then we should state “nine!” Rebbi Tanḥum from Bostra said, that is true. But our Mishnah speaks of a garden bed in the middle of garden beds.

Rebbi Zeïra said, they made every single hand-breadth on the border wall a domain for itself. Then there should be 25, six on each side of the border wall and one in the middle! Is that so? Rebbi Abun bar Ḥiyya in the name of Rebbi Samuel bar Rav Isaac objected: Did we not state that “in a furrow or a water canal one hand-breadth deep one may sow (two) kinds of seeds, one on each side and one in the middle.” Should one not state five, two on each side and one in the middle? That is impossible; the two sides jail the middle one.

How long does it have to be to jail? Rebbi Zeïra said, let us infer it from a vineyard. Just as you say in regard to a vineyard that there is no difference between length and separation, so here also there is no difference between length and separation. That is fine according to the opinion of Ḥizqiah; there eight and here also eight. According to Rebbi Joḥanan, with how much will it jail? If you say with eight, is there an argument a fortiori that a strip of melons among onions will jail only with twelve? But a melon strip, which you empowered among melon strips to save by a mere eight, will be jailed by eight, melon strips among onions, which you weakened to save only by twelve, certainly will be jailed only by eight. If you say that a melon strip among onions will be jailed only by twelve, then an argument a fortiori shows that a melon strip among melons should be jailed only by twelve.

How long does it have to be to jail? Rebbi Zeïra said, let us infer it from a vineyard. Just as you say in regard to a vineyard that there is no difference between length and separation, so here also there is no difference between length and separation. That is fine according to the opinion of Ḥizqiah; there eight and here also eight. According to Rebbi Joḥanan, with how much will it jail? If you say with eight, is there an argument a fortiori that a strip of melons among onions will jail only with twelve? But a melon strip, which you empowered among melon strips to save by a mere eight, will be jailed by eight, melon strips among onions, which you weakened to save only by twelve, certainly will be jailed only by eight. If you say that a melon strip among onions will be jailed only by twelve, then an argument a fortiori shows that a melon strip among melons should be jailed only by twelve.

How long does it have to be to jail? Rebbi Zeïra said, let us infer it from a vineyard. Just as you say in regard to a vineyard that there is no difference between length and separation, so here also there is no difference between length and separation. That is fine according to the opinion of Ḥizqiah; there eight and here also eight. According to Rebbi Joḥanan, with how much will it jail? If you say with eight, is there an argument a fortiori that a strip of melons among onions will jail only with twelve? But a melon strip, which you empowered among melon strips to save by a mere eight, will be jailed by eight, melon strips among onions, which you weakened to save only by twelve, certainly will be jailed only by eight. If you say that a melon strip among onions will be jailed only by twelve, then an argument a fortiori shows that a melon strip among melons should be jailed only by twelve.

HALAKHAH: Rebbi Aḥai said, does this not disagree with Rebbi Simeon, for Rebbi Simeon said, nobody can sanctify property that is not his own? There, he said that nobody can sanctify property that is not his own, but here, his and his neighbor’s property are counted together to forbid the ground in the middle. Rebbi Mana did not say so, but did not Rebbi Samuel say in the name of Rebbi Zeïra: Rebbi Simeon follows his own opinion; just as Rebbi Simeon said that nobody can sanctify property that is not his own, so he said that nobody can jail property that is not his own, but here, his and his neighbor’s property are counted together to forbid the ground in the middle.

Rebbi Abin in the name of Samuel (Is. 42:22): “They were hidden in jail houses,” where one hides from kilaim.

Its sown seeds: the minimum of seeds are two. Rebbi Samuel bar Sisarta said, from two you infer four. Just as for two you start at the beginning of six and reduce continuously, so for four you start at the beginning of six and reduce continuously. It is impossible that there should not be a free space to plant in the middle. Rebbi Jonah said, working space joins working space but a kind does not meet another kind to jail it. Rebbi Joshua ben Levi: Its seed, its seeds, its sown seeds. That follows Rebbi Jehudah, since Rebbi Jehudah said six, seed, its seed, its seeds, its sown seeds. Rebbi Ḥaggai said, זרעיה has five letters; everywhere I find ו I delete it. This was asked of Rebbi Ḥuna, the scribe of the assembly, and he said, זירועיה is written plene. Rebbi Joḥanan in the name of Rebbi Yannai: [All inside of six. Cahana in the name of Rebbi Simeon ben Laqish:] All at the outside of six. Then we should state “nine!” Rebbi Tanḥum from Bostra said, that is true. But our Mishnah speaks of a garden bed in the middle of garden beds.

MISHNAH: One slaughters for the deep mourner, and one who digs out a collapsed building, and one who was promised that he would be freed from jail, the sick person or the old who are able to eat the volume of an olive. But for all of these one does not slaughter for themselves lest the Pesaḥ become disqualified. Therefore if a disqualification should occur they are not liable for the Second Pesaḥ except for one who digs out a collapsed building who from the start could expect to be impure.

“The people of the watch and those of the bystanders are forbidden to shave and to wash their garments, but on Thursday they are permitted because of the honor of the Sabbath.” Therefore on all other days they are forbidden? Rebbi Yose, Rebbi Abbahu in the name of Rebbi Joḥanan; Rebbi Abun, Rebbi Yasa in the name of Ḥizqiah: They decreed about them so they should not enter their week badly groomed. There, we have stated: “The following do (wash their garments) [shave] on the holiday: He who comes from overseas, or from captivity, or who leaves the jail, or the excommunicated one from whom the Sages lifted {the excommunication.}” Therefore all other people are forbidden? Rebbi Simon said, they decreed about them so they should not enter the holiday badly groomed.

MISHNAH: And the following shave on the holiday: He who comes from overseas, or from being kidnapped, or leaves jail, and one whose excommunication was lifted by the Sages, and also who asked the Sages and was permitted, and the nazir, and the sufferer from skin disease between his impurity and his purity.

HALAKHAH: “And the following shave on the holiday: He who comes from overseas, or from being kidnapped, or leaves jail.” Therefore all other people are forbidden? Rebbi Simon said, they decreed about them so they should not enter the holiday badly groomed. There, we have stated: “The people of the watch and those of the bystanders are forbidden to shave and to wash their garments, but on Thursday they are permitted because of the honor of the Sabbath.” Therefore on all other days they are forbidden? Rebbi Yose, Rebbi Abbahu in the name of Rebbi Joḥanan; Rebbi Abun, <rebbi yasa> in the name of Ḥizqiah: They decreed about them so they should not enter their week badly groomed.

“Or he leaves jail.” We thought to say, if he was jailed by Gentiles, but not if he was jailed by Jews. He comes to inform you, even if he was jailed by Jews. It is not agreeable to a person to groom in jail.

“Or he leaves jail.” We thought to say, if he was jailed by Gentiles, but not if he was jailed by Jews. He comes to inform you, even if he was jailed by Jews. It is not agreeable to a person to groom in jail.

MISHNAH: And the following may wash on the holiday: He who comes from overseas, or from being kidnapped, or leaves jail, and one whose excommunication was lifted by the Sages, and also who asked the Sages and was permitted. Hand towels, and barber’s cloths, and body towels, and all who ascend from impurity to purity are permitted to wash, but anybody else is forbidden.

MISHNAH: If she performed ḥalîṣah in front of two [judges] or of three when it turned out that one was a relative or unfit, the ḥalîṣah is invalid; Rebbi Simeon and Rebbi Joḥanan the Alexandrian declare it valid. If happened that she performed ḥalîṣah between herself and him in jail; the case came before Rebbi Aqiba and he declared it valid.

HALAKHAH: “If she performed ḥalîṣah in front of two,” etc. The case happened in a jail and was resolved in a jail. Rebbi Joḥanan the Alexandrian dressed up as a pedlar. One day, he passed in front of the place of confinement of Rebbi Aqiba, he cried aloud and said, “who needs needles, who needs hooks, what is if she performed ḥalîṣah between herself and him?” Rebbi Aqiba pushed himself tightly to the hole and said: “Do you have spindles? You have valid!”

HALAKHAH: “If she performed ḥalîṣah in front of two,” etc. The case happened in a jail and was resolved in a jail. Rebbi Joḥanan the Alexandrian dressed up as a pedlar. One day, he passed in front of the place of confinement of Rebbi Aqiba, he cried aloud and said, “who needs needles, who needs hooks, what is if she performed ḥalîṣah between herself and him?” Rebbi Aqiba pushed himself tightly to the hole and said: “Do you have spindles? You have valid!”

MISHNAH: For the following the court will declare jealousy: One whose husband had become a deaf-mute, or insane, or was confined in a jail; not to make her drink but to make her ineligible for her ketubah. Rebbi Yose says, also to make her drink: When her husband will be freed from jail he should make her drink.

MISHNAH: For the following the court will declare jealousy: One whose husband had become a deaf-mute, or insane, or was confined in a jail; not to make her drink but to make her ineligible for her ketubah. Rebbi Yose says, also to make her drink: When her husband will be freed from jail he should make her drink.

MISHNAH: If one said to two persons, give a bill of divorce to my wife, or to three persons, write a bill of divorce and deliver to my wife, they should write and deliver. If he said to three persons, deliver a bill of divorce to my wife, they shall ask others to write since he appointed them as a court, the words of Rebbi Meïr. This instructions for practice did Ḥananiah from Ono send from jail: I know from tradition that if someone said to three persons, deliver a bill of divorce to my wife, they shall ask others to write since he appointed them as a court. Rebbi Yose said, we told the messenger that we also know from tradition that even if he said to the Supreme Court in Jerusalem, deliver a bill of divorce to my wife, they shall learn, write, and deliver. If he said to ten persons, write a bill of divorce for my wife, one writes and two sign. All of you shall write, one writes and all sign. Therefore, if one of them died, the bill of divorce would be void.

HALAKHAH: “Somebody sent his son to a grocer,” etc. Rebbi Abba bar Mamal said, for the tenths he has to let bend down a handbreadth. It is written: “Fair scales, fair weights.” From here the Sages said that any commandment whose reward is noted, the court is not warned about. “You shall have,” appoint market overseers over this. Rebbi Abun bar Ḥiyya said, so is the baraita: Any commandment whose reward is noted the court is not punished about. Rav was appointed market overseer by the Head of the Diaspora; he intervened about measuring vessels but not prices. The Head of the Diaspora jailed him. Rav Qarna went to see him and said, the market overseer about whom they spoke was for measures but not prices. He answered, but you had stated: the market overseer is for both measures and prices. He said to him, go out and tell them, the market overseer is for measures but not prices. He went out and said to them, a person who teaches hidden things they send to jail!

MISHNAH: If a murderer was mixed up with others, none of them are criminally liable. Rebbi Jehudah says, one keeps them in jail. Any condemned to death who were mixed up with others shall be executed by the easier way. Those to be stoned with those to be burned, Rebbi Simeon says they shall be stoned because burning is more painful, but the Sages say they shall be burned since stoning is more painful. Rebbi Simeon told them, if burning were not more painful it would not have been prescribed for a Cohen’s daughter who committed adultery. They answered him, if stoning were not more painful, it would not have been prescribed for the blasphemer and those who worship strange cults. Those to be slain with those to be strangled, Rebbi Simeon says by the sword, but the Sages say by strangulation.

HALAKHAH: “If a murderer was mixed up with others,” etc. Rebbi Joḥanan said, the Mishnah deals with a murderer mixed up with innocent people. Rebbi Simeon ben Laqish said, the Mishnah deals with a murderer being tried mixed up with a murderer who already was convicted. Samuel said, the Mishnah deals with a bull mixed up with other bulls. If the Mishnah referred to a bull mixed up with other bulls, would we state about them that “one keeps them in jail”?

MISHNAH: Somebody who was found guilty of two death penalties shall be convicted to the more painful one. One who committed one crime punishable by two death penalties shall be convicted to the more painful one. Rebbi Yose says, he shall be convicted for the first connection. If somebody was repeatedly whipped, the court sends him to jail where he is fed barley until his belly bursts. One sends the murderer without witnesses to jail and feeds him scanty bread and sparing water.

MISHNAH: Somebody who was found guilty of two death penalties shall be convicted to the more painful one. One who committed one crime punishable by two death penalties shall be convicted to the more painful one. Rebbi Yose says, he shall be convicted for the first connection. If somebody was repeatedly whipped, the court sends him to jail where he is fed barley until his belly bursts. One sends the murderer without witnesses to jail and feeds him scanty bread and sparing water.

MISHNAH: The day of the first shaving of his beard and his locks, the day he arrived from a trip at sea, the day he was freed from jail, or a Gentile wedding feast for his son, are forbidden only on the day itself and for this man.