jehudah

Rebbi Meïr was sitting and preaching in the House of Study of Tiberias when his teacher Elisha passed by riding on a horse on the Sabbath. They came and told him, your teacher is outside. He stopped his sermon and went out to him. He asked him, what did you preach today? He told him, and the Eternal blessed the end etc. He asked him, what did you explain about this? He answered him, and the Eternal added double all that Job had owned; that he doubled his money. He said, woe for those who are lost and not found, your teacher Aqiba did not preach this but, the Eternal blessed the end of Job from his beginning, by the merit of commandments and good works which were in his hand from his beginning. He asked him, and what did you preach further? He told him, the end of a matter is better than the beginning. He asked him, what did you explain about this? For example, a man who had children in his youth but they died, and in his old age they lived; that is the end of a matter is better than the beginning. For example, a man who traded in his youth and lost, and in his old age and gained; that is the end of a matter is better than the beginning. For example, a man who studied Torah in his youth and forgot, in his old age he remembered; that is the end of a matter is better than the beginning. He said, woe for those who are lost and not found, your teacher Aqiba did not preach this but, the end of a matter is good from the beginning, in case it is good from the start, and this applies to me. My father Abuya was one of the leading Jerusalemites. On the day he came to circumcise me he invited all the leading Jerusalemites and sat them in one room, and Rebbi Eliezer and Rebbi Joshua in another room. After they ate and drank they started to clap with their hands and dance. Rebbi Eliezer and Rebbi Joshua said, while they are occupied in theirs let us be occupied with ours. They sat occupied with words of the Torah, from the Torah to Prophets, from Prophets to Hagiographs. Fire descended from Heaven and surrounded them. Abuya told them, my teachers! Why do you come to burn down my house? They told him, Heaven forbid! But we were sitting reviewing the words of the Torah, from the Torah to Prophets, from Prophets to Hagiographs, and the words were joyful as at their giving on Sinai. And was the main giving on Sinai not in fire? And the Mountain burns in the fire up to the heart of Heaven. My father Abuya told them, my teachers! If that is the power of Torah, if this son of mine survives I dedicate him to Torah. Because his intent was not for Heaven, it did not succeed with this man. He asked him, and what did you preach further? He told him, it cannot be valued by gold or glass. He asked him, what did you explain about this? He told him, the words of the Torah are as difficult to acquire as golden vessels, and as easy to lose as glass vessels. And like golden and glass vessels when they are broken he can make them vessels as before, also the student of the Sages who forgot his learning can learn it anew. He said to him, this is enough, Meïr, up to here is the Sabbath domain. He asked him, how do you know? He told him, from the horse’s hooves which I continuously counted for 2’000 cubits. He said to him, all that wisdom is in you and you do not repent? He told him, I cannot. He asked him, why? He told him, once I was passing by the Holiest of Holies riding on a horse on the Day of Atonement which fell on a Sabbath and I heard an unembodied voice coming from the Holiest of Holies, saying, return, erring children, except for Elisha ben Abuya who knew My power and rebelled against Me. And all that came to him because he was sitting memorizing in the valley of Genezareth and saw a man climbing to the top of a date palm taking the mother with the chicks and descending safely. The next day he saw another man climbing to the top of a date palm, taking the chicks and sending away the mother. When climbing down he was bitten by a snake, and he died. He said, it is written, sending away you shall send the mother, but the chicks you may take for yourself, so it will be good for you and prolong your days. Where is the good for this one? Where is the prolongation of days of this one? He did not know that Rebbi Jacob had explained it preceding him, so it will be good for you in the future world which is all good, and prolong your days, in the future which is all long. But some are saying, because he saw the tongue of Rebbi Jehudah the baker in the mouth of a dog, oozing blood. He said, is this the Torah and this is its reward? This is the tongue which was delivering the words of the Torah correctly; this is the tongue which occupied itself with Torah all its days; [is this the Torah and this is its reward?] It appears that there is no reward and no resurrection of the dead. But some are saying, when his mother was pregnant with him she passed by pagan temples and smelled of this kind. And this smell was bubbling in her body like the poison of a viper. Later Elisha fell sick. They came and informed Rebbi Meïr, your teacher is sick. He went to visit him and found him sick. He asked him, are you not repenting? He asked, and if one repents, is one accepted? He told him, is it not written, man shall repent up to extinction, one receives up to the extinction of the breath. At that moment Elisha cried, passed away, and died. Rebbi Meïr was happy internally and said, it seems that my teacher passed away repentant. After they buried him, fire descended from Heaven and burned his grave. They came and informed Rebbi Meïr, your teacher’s grave is on fire. He went to visit it and found it burning. What did he do? He took his kaftan and spread it over it. He said, stay for the night, etc. Stay for this world which compares to the night, and it will be in the morning, this is the Future World which is all morning, if the Good One will redeem, this is the Holy One, praise to Him, who is Good, as it is written, the Eternal is good to all, and His mercies are on all His creatures. And if He does not want to redeem you I shall redeem you, living is the Eternal, and it was extinguished. They asked Rebbi Meïr, if they ask you in that World, whom do you want to visit, your father or your teacher? He told them, I shall visit my teacher first and afterwards my father. They said, will they listen to you? He told them, did we not state, “one saves the case of a scroll with the scroll, and the case of phylacteries with the phylacteries”? One saves Elisha Aher by the merit of his Torah. Later his daughters went to take charity from Rebbi. Rebbi decided and said, nobody shall show him grace nor be friendly to his orphans. They told him, Rebbi. Do not look at his deeds, do look at his Torah. At this moment Rebbi cried and decided for them that they be provided for. He said, if this one who toiled in Torah not for Heaven’s sake, see what he produced; one who toils in the Torah for itself not so much more?

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.

The House of Shammai are saying, heaven was created first and afterwards earth. But the House of Hillel are saying, earth was created first and afterwards heaven. These are bringing proof for their assertion, and those are bringing proof for their assertion. What is the reason of the House of Shammai? In the Beginning God created heaven and earth. {A parable} of a king who made a chair. After he had made it he made its footstool: the Heavens are My throne and the Earth My footstool. What is the reason of the House of Hillel? On the day of the Eternal’s, God’s, making of earth and heaven {A parable} of a king who made a palace. After he built the foundations he built the upper structure: also My left hand founded the Earth and My right hand tended the Heavens. Rebbi Jehudah bar Pazi said, also the following supports the House of Hillel: in earlier times You founded the Earth, and the Heavens are the work of Your hands. Rebbi Ḥanina said, from the place from where the House of Shammai prove their assertion, from there the House of Hillel remove them. What is the reason of the House of Shammai? In the Beginning God created heaven and earth. From there the House of Hillel remove them: and the earth was, it already was. Rebbi Joḥanan in the name of the Sages: As for creation, the heaven preceded. As for perfecting, the earth preceded. As for creation, the heaven preceded, in the Beginning God created. As for perfecting, the earth preceded, on the day of the Eternal’s, God’s, making of earth and heaven. According to the House of Shammai, the heaven after the First waited three days, First, Second, Third, to have offspring. On the Fourth, there shall be lights. According to the House of Shammai, the sea after the Second waited three days, Second, Third, Fourth, to have offspring. On the Fifth, the waters shall teem. According to the House of Shammai, the earth after the Third waited three days, Third, Fourth, Fifth, to have offspring. On the Sixth, the earth shall produce. According to the House of Hillel, the earth after the First waited two days, First and Second, to have offspring. On the Third, the earth shall be covered with grass. According to the House of Hillel, the sea after the Third waited two days, Third and Fourth, to have offspring. On the Fifth, the waters shall teem. Rebbi Simeon ben Yohai said, I am wondering how the fathers of the world could disagree about the creation of the world. Heaven and earth were only created like a pan and its cover. What is the reason? Also My left hand founded the Earth and My right hand tended the Heavens. Rebbi Eleazar ben Rebbi Simeon said, following this, my father’s opinion, sometimes heaven precedes earth, sometimes earth precedes heaven, which teaches that they are equivalent one to another.

MISHNAH: Yose ben Yoezer says not to lean on, Yose ben Joḥanan says to lean on. Joshua ben Perahia says not to lean on, Matthew from Arbel says to lean on. Jehudah ben Tabbai says not to lean on, Simeon ben Shetah says to lean on. Shemaiah says to lean on, Avtalion says not to lean on. Hillel and Menaḥem did not disagree. Menaḥem left and Shammai entered; Hillel says to lean on, Shammai says not to lean on. The first ones were Patriarchs, the second Presidents of the Court.

We have stated: Jehudah ben Ṭabbai was Patriarch, and Simeon ben Shetaḥ President of the Court; there are Tannaim who switch. What happened in Alexandria supports him who said, Jehudah ben Tabbai was Patriarch. [The people of Jerusalem] wanted to appoint him Patriarch in Jerusalem. The people from Jerusalem did write: From the great Jerusalem to the small Alexandria: How long still will my betrothed live in your midst and I am sitting sorrowful about him? He took leave and started on a ship. He said, I remember the lady of the house who received us; what is she missing? One of his students told him, her eye is damaged. He told him, you have sinned twice; first that you suspected me, and second that you looked at her. Did I say that she was beautiful in looks? I only said that about her deeds. He was taking offense and he left.

We have stated: Jehudah ben Ṭabbai was Patriarch, and Simeon ben Shetaḥ President of the Court; there are Tannaim who switch. What happened in Alexandria supports him who said, Jehudah ben Tabbai was Patriarch. [The people of Jerusalem] wanted to appoint him Patriarch in Jerusalem. The people from Jerusalem did write: From the great Jerusalem to the small Alexandria: How long still will my betrothed live in your midst and I am sitting sorrowful about him? He took leave and started on a ship. He said, I remember the lady of the house who received us; what is she missing? One of his students told him, her eye is damaged. He told him, you have sinned twice; first that you suspected me, and second that you looked at her. Did I say that she was beautiful in looks? I only said that about her deeds. He was taking offense and he left.

There, we have stated: “A staff which is full of impure fluids, when it touched the miqweh it is pure, the words of Rebbi Joshua. But the Sages are saying, only if he immerses it completely.” Rebbi Simeon ben Laqish said, where do they disagree? For easy impurity; but for severe impurity even Rebbi Joshua agrees. Rebbi Joḥanan said, they even disagree for severe impurity. A baraita disagrees with Rebbi Simeon ben Laqish: “As long as his feet are in the water, he may consider himself pure for any stage he chooses.” Explain it about one who ate impure food and drank impure drinks. Did not Rebbi Jacob bar Zavdi, Rebbi Abbahu say in the name of Rebbi Simeon ben Laqish, the body of one who ate impure food and drank impure drinks is pure without special intention? From the moment he intended elevated purity he (needs) [does not need] intention. A Mishnah disagrees with Rebbi Simeon ben Laqish: “A miqweh containing exactly 40 seah into two persons descended, [both are pure]. One after the other, the first one is pure, the second impure. Rebbi Jehudah says, if the feet of the first touched the water, the second one also is pure.” Still this is about one who ate impure food and drank impure drinks. A baraita disagrees with Rebbi Simeon ben Laqish: A woman in her period may rinse a radish in a cave and it is pure. If she lifted it in any way out of the water it is impure. And we have stated thereto: Rebbi Jehudah declares it pure in the name of Rebbi Joshua. And represents a menstruating woman not a severe impurity? This disagrees with Rebbi Simeon ben Laqish and it has no standing.

There, we have stated: “A staff which is full of impure fluids, when it touched the miqweh it is pure, the words of Rebbi Joshua. But the Sages are saying, only if he immerses it completely.” Rebbi Simeon ben Laqish said, where do they disagree? For easy impurity; but for severe impurity even Rebbi Joshua agrees. Rebbi Joḥanan said, they even disagree for severe impurity. A baraita disagrees with Rebbi Simeon ben Laqish: “As long as his feet are in the water, he may consider himself pure for any stage he chooses.” Explain it about one who ate impure food and drank impure drinks. Did not Rebbi Jacob bar Zavdi, Rebbi Abbahu say in the name of Rebbi Simeon ben Laqish, the body of one who ate impure food and drank impure drinks is pure without special intention? From the moment he intended elevated purity he (needs) [does not need] intention. A Mishnah disagrees with Rebbi Simeon ben Laqish: “A miqweh containing exactly 40 seah into two persons descended, [both are pure]. One after the other, the first one is pure, the second impure. Rebbi Jehudah says, if the feet of the first touched the water, the second one also is pure.” Still this is about one who ate impure food and drank impure drinks. A baraita disagrees with Rebbi Simeon ben Laqish: A woman in her period may rinse a radish in a cave and it is pure. If she lifted it in any way out of the water it is impure. And we have stated thereto: Rebbi Jehudah declares it pure in the name of Rebbi Joshua. And represents a menstruating woman not a severe impurity? This disagrees with Rebbi Simeon ben Laqish and it has no standing.

May the body of a Pharisee be considered like that of a sufferer from gonorrhea for heave? Rebbi Joḥanan asked, but did we not state, “somebody who let a vulgar watch his house, at times when he sees those who enter and those who leave, food, and drinks, and open clay vessels are impure. But couches and seats and clay vessels tightly wound closed are pure”? If you are saying, they considered the body of a Pharisee like that of a sufferer from gonorrhea for heave then even those tightly [wound] closed should be impure. Rebbi Jehudah bar Pazi said, explain it concerning a vulgar at a Pharisee’s, and you cannot infer anything. Rebbi Mana said, so said my teacher Rebbi Yose, all that we are considering here refers to heave. You may know that this is so, since we have stated there, “even moved, even tied, everything is impure.” Did they not say they are impure, not because moving? Did not Rebbi Joḥanan say, concerning heave there is neither separations, nor movings, nor [private domain, nor] vulgar. May heave itself be considered like a sufferer from gonorrhea in relation to sancta? Let us hear from the following. If one cuts a tube for sancta, he who cuts it and he who immerses it need immersion. One understands he who cuts. He who immerses? Could he not bind it with a (sit) [fiber] and immerse it? But explain it that he cut it in order to immerse it. May a sanctum itself be considered like a sufferer from gonorrhea in relation to the ashes of the Red Cow? Let us hear from the following. Two pitchers, one pure for sancta and one pure for heave, who touched one another are both pure. But does not a baraita disagree? They made that the person pure for the ashes of the Cow who moved spittle or semen of one pure for heave that it became impure. The same is pure for heave and pure for sancta.

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.

“He who carries “support” may carry heave but not sancta. Rebbi Abba in the name of Rav Jehudah, because of a happening. It happened to a person that his amphora sprung a leak and he plugged it with his sandal. Rebbi Ze`ira, Rebbi Yasa in the name of Rebbi Eleazar: If he transgressed and carried it, it is pure. This follows what Rebbi Eleazar said: some say, he shall not carry; if he transgressed and carried it is impure. [But some say,] he shall not carry; if he transgressed and carried it is pure. Rebbi Ze`ira said in front of Rebbi Mana does this not imply that they made his body not like a sufferer from gonorrhea? [If you would say, they made his body not like a sufferer from gonorrhea,] then if he transgressed and carried he would be impure. He answered him, explain it if it is connected to sancta.

“For heave, if one of his hands became impure the other remains pure.” “To make sancta impure, the words of Rebbi. Rebbi Yose ben Rebbi Jehudah says, to disqualify sancta.” How? Following Rebbi Joshua? As we have stated there, “anything which disqualifies heave makes hands impure in the second degree, and one hand makes the other one impure, the words of Rebbi Joshua.” And Rebbi Joshua says more than Rebbi, since what Rebbi said refers to sancta, but Rebbi Joshua refers to heave.

MISHNAH: If one opens a barrel, or one starts to sell his dough, on the holiday, Rebbi Jehudah says, he may finish, but the Sages say, he may not finish. After the holiday one proclaims the purity of the courtyard. If the holiday was over on a Friday one did not go over it because of the honor of the Sabbath. Rebbi Jehudah says, also not if the holiday was over on Thursday since the priests are not free.

MISHNAH: If one opens a barrel, or one starts to sell his dough, on the holiday, Rebbi Jehudah says, he may finish, but the Sages say, he may not finish. After the holiday one proclaims the purity of the courtyard. If the holiday was over on a Friday one did not go over it because of the honor of the Sabbath. Rebbi Jehudah says, also not if the holiday was over on Thursday since the priests are not free.

Rebbi Simon in the name of Rebbi Joshua ben Levi: If a holiday falls on a Friday, one eats making Sabbath after the holiday like the holiday. Rebbi Ze`ira said, a baraita states this: The eve of Passover is like Passover, the day of slaughter is like Pentecost. Rebbi Ḥananiah said, we also stated more than this: “Rebbi Jehudah says, also not if the holiday was over on Thursday since the priests are not free.”

MISHNAH: One may catch the mole and rats from an orchard or a white field normally on the holiday or in the Sabbatical; Rebbi Jehudah says from an orchard normally but from a white field with a change. One mends a breach on the holiday; but in the Sabbatical he builds normally.

MISHNAH: One does not dig niches and graves on the holiday but one may ready them for use. One makes a temporary grave and a coffin for the deceased in the courtyard; Rebbi Jehudah forbids unless he has boards ready.

“And a coffin for the deceased in the courtyard;” this is what you are saying about a deceased who is not famous. But for a famous deceased one makes a coffin even in public. When Rebbi Ḥanina the colleague of the rabbis expired they made him a coffin in public. Everybody agrees that one may not cut down cedars for him, and similarly not quarry stones for him. If they had been quarried, the disagreement between Rebbi Jehudah and the rabbis.

MISHNAH: One does not marry women on a holiday, neither virgins nor widows, nor does one enter into levirate marriage, because it is a joy for him. But he may take back his divorcee, and a woman does adorn herself on the holiday. Rebbi Jehudah says, she may not use lime because it disfigures her.

“Rebbi Jehudah says, she may not use lime because it disfigures her.” Two Amoraim, Rebbi Ḥanina and Rebbi Mana. One said, they disagreed about lime which she removed on the holiday, but lime which she removes after the holiday everybody agrees that it is forbidden. But the other says, they disagreed about lime which she removes after the holiday. But lime which she removes during the holiday everybody agrees that it is permitted. We did not know who said what. From what R. Ḥanina, Rebbi Yasa said in the name of Rebbi Joḥanan, Rebbi Jehudah is consistent: just as Rebbi Jehudah said there, temporary pain is pain, so he says here, temporary disfiguration is disfiguration. This implies that they disagreed about lime which she removed on the holiday, but lime which she removes after the holiday is forbidden.

“Rebbi Jehudah says, she may not use lime because it disfigures her.” Two Amoraim, Rebbi Ḥanina and Rebbi Mana. One said, they disagreed about lime which she removed on the holiday, but lime which she removes after the holiday everybody agrees that it is forbidden. But the other says, they disagreed about lime which she removes after the holiday. But lime which she removes during the holiday everybody agrees that it is permitted. We did not know who said what. From what R. Ḥanina, Rebbi Yasa said in the name of Rebbi Joḥanan, Rebbi Jehudah is consistent: just as Rebbi Jehudah said there, temporary pain is pain, so he says here, temporary disfiguration is disfiguration. This implies that they disagreed about lime which she removed on the holiday, but lime which she removes after the holiday is forbidden.

“Rebbi Jehudah says, she may not use lime because it disfigures her.” Two Amoraim, Rebbi Ḥanina and Rebbi Mana. One said, they disagreed about lime which she removed on the holiday, but lime which she removes after the holiday everybody agrees that it is forbidden. But the other says, they disagreed about lime which she removes after the holiday. But lime which she removes during the holiday everybody agrees that it is permitted. We did not know who said what. From what R. Ḥanina, Rebbi Yasa said in the name of Rebbi Joḥanan, Rebbi Jehudah is consistent: just as Rebbi Jehudah said there, temporary pain is pain, so he says here, temporary disfiguration is disfiguration. This implies that they disagreed about lime which she removed on the holiday, but lime which she removes after the holiday is forbidden.

MISHNAH: Rebbi Jehudah says, she may not use lime because it disfigures her.

MISHNAH: One installs an oven and a stove on the holiday. Rebbi Jehudah says, one does not roughen millstones initially on the holiday. One makes a railing for the roof or the balustrade unprofessionally but not professionally. One smooths the fissures and works them with a roller, with hand, or with foot, but not with a spatula.

MISHNAH: If one turned his olives over and mourning or an emergency happened to him, or he was mislead, loads the crossbar a first time and leaves it until after the holiday, the words of Rebbi Jehudah. Rebbi Yose says, he removes the fluid, and finishes as usual.

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.

Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan: Just as they differ here they differ in the rules of mourning. As it was stated: The following things one does for the mourner in his mourning period. One presses his vat, and stirs his wine, and plugs his amphoras, and his repeatedly turned olives one grinds as usual, and one waters his irrigated fields if it is time for them to be irrigated, and one sows his field flax at the start of the rainy season, the words of Rebbi Jehudah. They told him, if it is not sown with flax it can be sown with another kind; if it was not sown in this week it can be sown in another week. Who is “they told him”? Rebbi Yose. The argument of Rebbi Jehudah seems inverted. There he said, small amounts may be lost so large amounts not be lost, and here he says so? There is a difference since there he is wont to be tricky. So much more the argument of Rebbi Jehudah seems inverted, since there where he is wont to be tricky he says it is permitted, here where he is not wont to be tricky, not so much more? Rebbi Ḥinnena said, who is “they told him”? The Sages following Rebbi Jehudah’s argument for the holiday.

Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan: Just as they differ here they differ in the rules of mourning. As it was stated: The following things one does for the mourner in his mourning period. One presses his vat, and stirs his wine, and plugs his amphoras, and his repeatedly turned olives one grinds as usual, and one waters his irrigated fields if it is time for them to be irrigated, and one sows his field flax at the start of the rainy season, the words of Rebbi Jehudah. They told him, if it is not sown with flax it can be sown with another kind; if it was not sown in this week it can be sown in another week. Who is “they told him”? Rebbi Yose. The argument of Rebbi Jehudah seems inverted. There he said, small amounts may be lost so large amounts not be lost, and here he says so? There is a difference since there he is wont to be tricky. So much more the argument of Rebbi Jehudah seems inverted, since there where he is wont to be tricky he says it is permitted, here where he is not wont to be tricky, not so much more? Rebbi Ḥinnena said, who is “they told him”? The Sages following Rebbi Jehudah’s argument for the holiday.

Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan: Just as they differ here they differ in the rules of mourning. As it was stated: The following things one does for the mourner in his mourning period. One presses his vat, and stirs his wine, and plugs his amphoras, and his repeatedly turned olives one grinds as usual, and one waters his irrigated fields if it is time for them to be irrigated, and one sows his field flax at the start of the rainy season, the words of Rebbi Jehudah. They told him, if it is not sown with flax it can be sown with another kind; if it was not sown in this week it can be sown in another week. Who is “they told him”? Rebbi Yose. The argument of Rebbi Jehudah seems inverted. There he said, small amounts may be lost so large amounts not be lost, and here he says so? There is a difference since there he is wont to be tricky. So much more the argument of Rebbi Jehudah seems inverted, since there where he is wont to be tricky he says it is permitted, here where he is not wont to be tricky, not so much more? Rebbi Ḥinnena said, who is “they told him”? The Sages following Rebbi Jehudah’s argument for the holiday.

Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan: Just as they differ here they differ in the rules of mourning. As it was stated: The following things one does for the mourner in his mourning period. One presses his vat, and stirs his wine, and plugs his amphoras, and his repeatedly turned olives one grinds as usual, and one waters his irrigated fields if it is time for them to be irrigated, and one sows his field flax at the start of the rainy season, the words of Rebbi Jehudah. They told him, if it is not sown with flax it can be sown with another kind; if it was not sown in this week it can be sown in another week. Who is “they told him”? Rebbi Yose. The argument of Rebbi Jehudah seems inverted. There he said, small amounts may be lost so large amounts not be lost, and here he says so? There is a difference since there he is wont to be tricky. So much more the argument of Rebbi Jehudah seems inverted, since there where he is wont to be tricky he says it is permitted, here where he is not wont to be tricky, not so much more? Rebbi Ḥinnena said, who is “they told him”? The Sages following Rebbi Jehudah’s argument for the holiday.

Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan: Just as they differ here they differ in the rules of mourning. As it was stated: The following things one does for the mourner in his mourning period. One presses his vat, and stirs his wine, and plugs his amphoras, and his repeatedly turned olives one grinds as usual, and one waters his irrigated fields if it is time for them to be irrigated, and one sows his field flax at the start of the rainy season, the words of Rebbi Jehudah. They told him, if it is not sown with flax it can be sown with another kind; if it was not sown in this week it can be sown in another week. Who is “they told him”? Rebbi Yose. The argument of Rebbi Jehudah seems inverted. There he said, small amounts may be lost so large amounts not be lost, and here he says so? There is a difference since there he is wont to be tricky. So much more the argument of Rebbi Jehudah seems inverted, since there where he is wont to be tricky he says it is permitted, here where he is not wont to be tricky, not so much more? Rebbi Ḥinnena said, who is “they told him”? The Sages following Rebbi Jehudah’s argument for the holiday.

MISHNAH: Similarly, if his wine was in the cistern and mourning or an emergency happened to him, or he was mislead, he may stir and treat and plug normally, the words of Rebbi Yose. Rebbi Jehudah says, he makes planks for it so it should not turn into vinegar.

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.

HALAKHAH: And not following Rebbi Jehudah, since Rebbi Jehudah said, he sits and watches. Rebbi Jacob bar Aḥa in the name of the rabbis: merchandise in danger of spoilage may be moved on the holiday. Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: it is permitted to buy from a caravan on the intermediate days of a holiday, if he knows that the caravan comes and depresses the prices. Rebbi Mana said, if he knows that not buying would depress his earnings he may buy; otherwise he may not buy. [Rebbi Yose bar Abun said, earnings and capital are capital. If he knows that not buying would depress his capital he may buy; if not he may not buy.] Rebbi Jonah and Rebbi Yose instructed in the matter of fine tissues that one may buy them on the holiday to be used on he holiday. Rebbi Isaac ben Rebbi Eleazar commanded to Rebbi Hoshaia ben Rebbi Shammai who was coming from a ship: Sell if you know that if you are selling the ship will wait for you when you come to drink with us; otherwise do not sell. Rebbi Jonah from Bostra had books. He asked Rebbi Huna, may I sell them on the holiday? He told him, enjoy the holiday, drink spiced wine.

HALAKHAH: And not following Rebbi Jehudah, since Rebbi Jehudah said, he sits and watches. Rebbi Jacob bar Aḥa in the name of the rabbis: merchandise in danger of spoilage may be moved on the holiday. Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: it is permitted to buy from a caravan on the intermediate days of a holiday, if he knows that the caravan comes and depresses the prices. Rebbi Mana said, if he knows that not buying would depress his earnings he may buy; otherwise he may not buy. [Rebbi Yose bar Abun said, earnings and capital are capital. If he knows that not buying would depress his capital he may buy; if not he may not buy.] Rebbi Jonah and Rebbi Yose instructed in the matter of fine tissues that one may buy them on the holiday to be used on he holiday. Rebbi Isaac ben Rebbi Eleazar commanded to Rebbi Hoshaia ben Rebbi Shammai who was coming from a ship: Sell if you know that if you are selling the ship will wait for you when you come to drink with us; otherwise do not sell. Rebbi Jonah from Bostra had books. He asked Rebbi Huna, may I sell them on the holiday? He told him, enjoy the holiday, drink spiced wine.

MISHNAH: One covers cut figs with straw; Rebbi Jehudah says, also one thickens. The sellers of produce, clothing, and vessels, sell privately for holiday needs. Hunters, grain splitters and farina millers do their work privately on the holiday. Rebbi Yose said, they restricted themselves.

HALAKHAH: So is the Mishnah: one thickens; Rebbi Jehudah said, small amounts may be lost so large amounts not be lost; Rebbi Yose says, nothing at all shall be lost. Cahana said, there are things in holidays more difficult than “tent coverings” and “skin diseases”. There, Rav Jeremiah said in the name of Rav, one spreads a mat over rows <of any bricks> on the Sabbath. And here he says so? The rabbis of Caesarea in the name of Rebbi Jacob bar Aḥa: To pluck from the ground is between them. The rabbis are saying, he plucks and thickens. Rebbi Jehudah says, he may not pluck but may thicken.

HALAKHAH: So is the Mishnah: one thickens; Rebbi Jehudah said, small amounts may be lost so large amounts not be lost; Rebbi Yose says, nothing at all shall be lost. Cahana said, there are things in holidays more difficult than “tent coverings” and “skin diseases”. There, Rav Jeremiah said in the name of Rav, one spreads a mat over rows <of any bricks> on the Sabbath. And here he says so? The rabbis of Caesarea in the name of Rebbi Jacob bar Aḥa: To pluck from the ground is between them. The rabbis are saying, he plucks and thickens. Rebbi Jehudah says, he may not pluck but may thicken.

It was stated in the name of Rebbi Jehudah: Shaving is forbidden to someone who comes from overseas. Rebbi Jehudah follows his own opinion since Rebbi Jehudah said, it is forbidden to sail on the ocean. Then a Cohen who left for outside the Land and left against the will of the Sages should be forbidden to shave. A Cohen came to Rebbi Ḥanina. He said to him, may one leave for Tyre for as religious obligation, to give ḥaliṣah or to enter levirate marriage? He answered him, this man’s brother left; praised be the Omnipresent Who smote him. And you want to do what he did. Some want to say, so he spoke to him: This man’s brother disdained his mother’s bosom and embraced another’s bosom, and you want to do what he did. Simeon bar Abba came to Rebbi Ḥanina and asked him to write a letter of recommendation so he could leave for his sustenance outside the Land. He said to him, tomorrow I shall go to your forefathers; they would say to me, one desirable plant we had in the Land of Israel and you permitted it to leave the Land.

It was stated in the name of Rebbi Jehudah: Shaving is forbidden to someone who comes from overseas. Rebbi Jehudah follows his own opinion since Rebbi Jehudah said, it is forbidden to sail on the ocean. Then a Cohen who left for outside the Land and left against the will of the Sages should be forbidden to shave. A Cohen came to Rebbi Ḥanina. He said to him, may one leave for Tyre for as religious obligation, to give ḥaliṣah or to enter levirate marriage? He answered him, this man’s brother left; praised be the Omnipresent Who smote him. And you want to do what he did. Some want to say, so he spoke to him: This man’s brother disdained his mother’s bosom and embraced another’s bosom, and you want to do what he did. Simeon bar Abba came to Rebbi Ḥanina and asked him to write a letter of recommendation so he could leave for his sustenance outside the Land. He said to him, tomorrow I shall go to your forefathers; they would say to me, one desirable plant we had in the Land of Israel and you permitted it to leave the Land.

It was stated in the name of Rebbi Jehudah: Shaving is forbidden to someone who comes from overseas. Rebbi Jehudah follows his own opinion since Rebbi Jehudah said, it is forbidden to sail on the ocean. Then a Cohen who left for outside the Land and left against the will of the Sages should be forbidden to shave. A Cohen came to Rebbi Ḥanina. He said to him, may one leave for Tyre for as religious obligation, to give ḥaliṣah or to enter levirate marriage? He answered him, this man’s brother left; praised be the Omnipresent Who smote him. And you want to do what he did. Some want to say, so he spoke to him: This man’s brother disdained his mother’s bosom and embraced another’s bosom, and you want to do what he did. Simeon bar Abba came to Rebbi Ḥanina and asked him to write a letter of recommendation so he could leave for his sustenance outside the Land. He said to him, tomorrow I shall go to your forefathers; they would say to me, one desirable plant we had in the Land of Israel and you permitted it to leave the Land.

MISHNAH: One does not write debt documents on the holiday, but if he does not trust him or if he has nothing to eat, he shall write. One does not write Torah scrolls, tefillin and mezuzzot on the holiday; also one does not correct even a single letter in the Temple Courtyard Scroll. Rebbi Jehudah says, a person may write tefillin and mezuzzot for himself, and spin for himself the blue string for his ṣiṣit.

“And spins on his hip the blue string for his ṣiṣit.” Rav Jehudah in the name of Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan: he spins even using a spindle. Rav said, he spins using a spindle both for himself or for others. The Mishnah disagrees with Rav: “and spins on his hip the blue string for his ṣiṣit;” therefore not for others. He explains it: spinning for supply.

HALAKHAH: “The decree of seven”, sandal and soap. “The decree of thirty,” mending, and pressing, and shaving. What is pressing? New pressed woolen garments, and pressed white linen garments. Rebbi Ḥelbo, Rav Ḥuna in the name of Rav: If his eighth day fell on a Sabbath, he shaves on Friday. How is this possible? Explain it if he had been dragged away by a wild animal and they gave up hope to look after him. It was stated thus: When do you start to count for somebody who was dragged away by a wild animal? When they gave up hope to look after him. If they found separate limbs of him one counts when his head and most of his body had been found. Rebbi Jehudah says, spine and skull form the majority. Rebbi Abun said, explain it that the cover plate was laid Friday evening at the start of darkness. How is this possible? Rebbi Aḥa said, explain it if it was closed by a Gentile. Some wanted to say that he received a current notice on the Sabbath.

It was stated: These are the words of Abba Shaul. Rav Jehudah in the name of Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan: Practice follows Abba Shaul. Rebbi Abba in the name of Rav: The word of Abba Shaul: both days and decrees are cancelled. But the words of the Sages: the days are cancelled but the decrees are not cancelled. What is the difference between them? Rav Ḥuna said, the eve of a holiday is between them. If he shaved before the holiday he may shave after the holiday. If he did not shave before the holiday he may not shave after the holiday. Rebbi Joḥanan said, even if he did not shave before the holiday he may shave after the holiday. Rebbi Eleazar instructed Rebbi Simeon bar Abba to shave after the holiday, but we do not know whether following Abba Shaul or following the consensus of the rabbis.

The mourner does not go to the synagogue on the first Sabbath. On the second he goes but does not sit in his place. On the third he sits in his place and does not talk. On the fourth he is equal to everybody. Rebbi Jehudah says, it is impossible to speak of the first Sabbath since the public cares for him, but the second is the first, the third is the second, the fourth is the third. Rebbi Simeon says, the mourner goes to the synagogue on the first Sabbath but does not sit on his place. On the second he sits on his place and does not talk. On the third he is equal to everybody. Rebbi Joshua ben Levi said, practice follows him who adds days.

If he came and found mourning in his house. On the second or third {day} he finishes with them. On the fourth he counts by himself. Rebbi Simeon says, even on the (sixth) [fourth] he finishes with them. Rebbi Joshua ben Levi said, practice follows Rebbi Simeon if he was not the head of the family. But the head of the family counts by himself. As the following: Rebbi Mana instructed Rebbi <jacob in> Armenia: since you are the head of the family, count by yourself. <this you are saying> if he did not see most of the people. But if most of the people were seen by him one takes him to the bath house. As the following: Rav <rebbi> Huna instructed the brother of Rebbi Jehudah bar Zavdi, since most of the people were seen by him, take him to the bath house.

“Reading in the Torah.” Rebbi Joḥanan said, nobody was saying anything to him, not even a word from the Torah. Rebbi Simeon ben Laqish said to him, he himself would not have died if he had stated. What about it? As Rebbi Jehudah bar Pazi said in the name of Rebbi Joḥanan, because they were at a loss how to start with him, whether about his body, or his money, or the souls of his sons and daughters. A student of Rav Ḥisda became sick. He sent him two students to study with him. He turned before them into a kind of snake; they interrupted and he died. A student of Bar Pedaya became sick. He sent him two students to study with him. He turned before them into a kind of (oil cake) [a star]; they interrupted and he died. It was stated: But he may study a subject not familiar to him. As the following: Something happened to Rebbi Yasa. Rebbi Joḥanan sent him two students to study with him. If because it is permitted we do not know; or if because it was a subject not familiar to him we do not know. What was not familiar to Rebbi Yasa? But for example rabbinic decisions people are asked about and it is for him as if not familiar. Something happened to Rebbi Yose bar Petrus the first father-in-law of Rebbi Joshua ben Levi. Bar Qappara sent him two students to study with him. If because it is permitted we do not know; or if because he was ardent for words of the Torah we do not know. And it was stated thus: If he was ardent for words of the Torah it is permitted.

“Who is his teacher? The one who taught him first, the words of Rebbi Meïr. Rebbi Jehudah said, the one from whom he received most of his instruction. Rebbi Yose said, anyone who explained a Mishnah to him.” What means, who explained a Mishnah to him? Rebbi Abbahu came in the name of Rebbi Joḥanan: Practice follows him who said, the one from whom he received most of his instruction. Why did he not explain that this follows Rebbi Jehudah? There are Tannaïm who state it switched. Rebbi Eleazar tore his garment for his first teacher. Samuel took off {his shoes} for one who had explained a Mishnah to him. What Mishnah did he explain to him? Rebbi Yose ben Rebbi Abun said, “There are two keys. For one he has to go down to his arm-pit and one opens straight.” What means “for one he has to go down to his arm-pit”? He had to lower his hand under his arm-pit until it could be opened.

“Who is his teacher? The one who taught him first, the words of Rebbi Meïr. Rebbi Jehudah said, the one from whom he received most of his instruction. Rebbi Yose said, anyone who explained a Mishnah to him.” What means, who explained a Mishnah to him? Rebbi Abbahu came in the name of Rebbi Joḥanan: Practice follows him who said, the one from whom he received most of his instruction. Why did he not explain that this follows Rebbi Jehudah? There are Tannaïm who state it switched. Rebbi Eleazar tore his garment for his first teacher. Samuel took off {his shoes} for one who had explained a Mishnah to him. What Mishnah did he explain to him? Rebbi Yose ben Rebbi Abun said, “There are two keys. For one he has to go down to his arm-pit and one opens straight.” What means “for one he has to go down to his arm-pit”? He had to lower his hand under his arm-pit until it could be opened.

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.

For no deceased one he rends the trim except for father and mother, the words of Rebbi Meïr. Rebbi Jehudah says, any tear which does not completely sever the trim is a frivolous tear. Rebbi Joḥanan disagrees with Rebbi Jehudah in two things. Rebbi Joḥanan heard that Rebbi Ḥanina was weak. He was going up to visit him. On the road he heard that he had died. He descended from his donkey, took out the good Sabbath garment, and tore it. As we have stated there: “The High Priest rends his garment below, the common priest above.” Rebbi Eleazar in the name of Cahana: On top, high starting with the seam, below, low starting with the seam. Rebbi Joḥanan said, really low. Rebbi Eleazar in the name of Cahana follows Rebbi Jehudah. If following Rebbi Jehudah, he should not tear at all! How about this? It is a stringency for the High Priest that he shall sever the seam completely.

For no deceased one he rends the trim except for father and mother, the words of Rebbi Meïr. Rebbi Jehudah says, any tear which does not completely sever the trim is a frivolous tear. Rebbi Joḥanan disagrees with Rebbi Jehudah in two things. Rebbi Joḥanan heard that Rebbi Ḥanina was weak. He was going up to visit him. On the road he heard that he had died. He descended from his donkey, took out the good Sabbath garment, and tore it. As we have stated there: “The High Priest rends his garment below, the common priest above.” Rebbi Eleazar in the name of Cahana: On top, high starting with the seam, below, low starting with the seam. Rebbi Joḥanan said, really low. Rebbi Eleazar in the name of Cahana follows Rebbi Jehudah. If following Rebbi Jehudah, he should not tear at all! How about this? It is a stringency for the High Priest that he shall sever the seam completely.

For no deceased one he rends the trim except for father and mother, the words of Rebbi Meïr. Rebbi Jehudah says, any tear which does not completely sever the trim is a frivolous tear. Rebbi Joḥanan disagrees with Rebbi Jehudah in two things. Rebbi Joḥanan heard that Rebbi Ḥanina was weak. He was going up to visit him. On the road he heard that he had died. He descended from his donkey, took out the good Sabbath garment, and tore it. As we have stated there: “The High Priest rends his garment below, the common priest above.” Rebbi Eleazar in the name of Cahana: On top, high starting with the seam, below, low starting with the seam. Rebbi Joḥanan said, really low. Rebbi Eleazar in the name of Cahana follows Rebbi Jehudah. If following Rebbi Jehudah, he should not tear at all! How about this? It is a stringency for the High Priest that he shall sever the seam completely.

For no deceased one he rends the trim except for father and mother, the words of Rebbi Meïr. Rebbi Jehudah says, any tear which does not completely sever the trim is a frivolous tear. Rebbi Joḥanan disagrees with Rebbi Jehudah in two things. Rebbi Joḥanan heard that Rebbi Ḥanina was weak. He was going up to visit him. On the road he heard that he had died. He descended from his donkey, took out the good Sabbath garment, and tore it. As we have stated there: “The High Priest rends his garment below, the common priest above.” Rebbi Eleazar in the name of Cahana: On top, high starting with the seam, below, low starting with the seam. Rebbi Joḥanan said, really low. Rebbi Eleazar in the name of Cahana follows Rebbi Jehudah. If following Rebbi Jehudah, he should not tear at all! How about this? It is a stringency for the High Priest that he shall sever the seam completely.

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.

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.

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.

Rebbi Abbahu, Rebbi Eleazar, in the name of Rebbi Hoshaia: Practice follows Rebbi Jehudah. Rebbi Joshua ben Levi said, practice follows Rebbi Jehudah. A case came before Rebbi Yasa; he said, go to Rebbi Abbahu since he has learned that practice follows Rebbi Jehudah; we did not learn that practice follows Rebbi Jehudah. Rebbi Ḥanina said, practice follows Rebbi Jehudah. Rebbi Joḥanan said to the Sepphoreans, you say in the name of Rebbi Ḥanina that practice follows Rebbi Jehudah, but it is not so. How is it? The colleagues in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she had intercourse after she grew two hairs, she cannot repudiate. Rebbi Ze‘ira in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she received qiddushin after she grew two hairs, she cannot repudiate. According to Rebbi Ze‘ira who said “she received qiddushin after she grew two hairs”, it follows that if she received qiddushin before she grew two hairs and had intercourse after she grew two hairs, she can repudiate. That fits. According to the colleagues who say “she had intercourse after she grew two hairs”, it follows that if she had intercourse before she grew two hairs, she can repudiate.

Rebbi Abbahu, Rebbi Eleazar, in the name of Rebbi Hoshaia: Practice follows Rebbi Jehudah. Rebbi Joshua ben Levi said, practice follows Rebbi Jehudah. A case came before Rebbi Yasa; he said, go to Rebbi Abbahu since he has learned that practice follows Rebbi Jehudah; we did not learn that practice follows Rebbi Jehudah. Rebbi Ḥanina said, practice follows Rebbi Jehudah. Rebbi Joḥanan said to the Sepphoreans, you say in the name of Rebbi Ḥanina that practice follows Rebbi Jehudah, but it is not so. How is it? The colleagues in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she had intercourse after she grew two hairs, she cannot repudiate. Rebbi Ze‘ira in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she received qiddushin after she grew two hairs, she cannot repudiate. According to Rebbi Ze‘ira who said “she received qiddushin after she grew two hairs”, it follows that if she received qiddushin before she grew two hairs and had intercourse after she grew two hairs, she can repudiate. That fits. According to the colleagues who say “she had intercourse after she grew two hairs”, it follows that if she had intercourse before she grew two hairs, she can repudiate.

Rebbi Abbahu, Rebbi Eleazar, in the name of Rebbi Hoshaia: Practice follows Rebbi Jehudah. Rebbi Joshua ben Levi said, practice follows Rebbi Jehudah. A case came before Rebbi Yasa; he said, go to Rebbi Abbahu since he has learned that practice follows Rebbi Jehudah; we did not learn that practice follows Rebbi Jehudah. Rebbi Ḥanina said, practice follows Rebbi Jehudah. Rebbi Joḥanan said to the Sepphoreans, you say in the name of Rebbi Ḥanina that practice follows Rebbi Jehudah, but it is not so. How is it? The colleagues in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she had intercourse after she grew two hairs, she cannot repudiate. Rebbi Ze‘ira in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she received qiddushin after she grew two hairs, she cannot repudiate. According to Rebbi Ze‘ira who said “she received qiddushin after she grew two hairs”, it follows that if she received qiddushin before she grew two hairs and had intercourse after she grew two hairs, she can repudiate. That fits. According to the colleagues who say “she had intercourse after she grew two hairs”, it follows that if she had intercourse before she grew two hairs, she can repudiate.

Rebbi Abbahu, Rebbi Eleazar, in the name of Rebbi Hoshaia: Practice follows Rebbi Jehudah. Rebbi Joshua ben Levi said, practice follows Rebbi Jehudah. A case came before Rebbi Yasa; he said, go to Rebbi Abbahu since he has learned that practice follows Rebbi Jehudah; we did not learn that practice follows Rebbi Jehudah. Rebbi Ḥanina said, practice follows Rebbi Jehudah. Rebbi Joḥanan said to the Sepphoreans, you say in the name of Rebbi Ḥanina that practice follows Rebbi Jehudah, but it is not so. How is it? The colleagues in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she had intercourse after she grew two hairs, she cannot repudiate. Rebbi Ze‘ira in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she received qiddushin after she grew two hairs, she cannot repudiate. According to Rebbi Ze‘ira who said “she received qiddushin after she grew two hairs”, it follows that if she received qiddushin before she grew two hairs and had intercourse after she grew two hairs, she can repudiate. That fits. According to the colleagues who say “she had intercourse after she grew two hairs”, it follows that if she had intercourse before she grew two hairs, she can repudiate.

Rebbi Abbahu, Rebbi Eleazar, in the name of Rebbi Hoshaia: Practice follows Rebbi Jehudah. Rebbi Joshua ben Levi said, practice follows Rebbi Jehudah. A case came before Rebbi Yasa; he said, go to Rebbi Abbahu since he has learned that practice follows Rebbi Jehudah; we did not learn that practice follows Rebbi Jehudah. Rebbi Ḥanina said, practice follows Rebbi Jehudah. Rebbi Joḥanan said to the Sepphoreans, you say in the name of Rebbi Ḥanina that practice follows Rebbi Jehudah, but it is not so. How is it? The colleagues in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she had intercourse after she grew two hairs, she cannot repudiate. Rebbi Ze‘ira in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she received qiddushin after she grew two hairs, she cannot repudiate. According to Rebbi Ze‘ira who said “she received qiddushin after she grew two hairs”, it follows that if she received qiddushin before she grew two hairs and had intercourse after she grew two hairs, she can repudiate. That fits. According to the colleagues who say “she had intercourse after she grew two hairs”, it follows that if she had intercourse before she grew two hairs, she can repudiate.

Rebbi Abbahu, Rebbi Eleazar, in the name of Rebbi Hoshaia: Practice follows Rebbi Jehudah. Rebbi Joshua ben Levi said, practice follows Rebbi Jehudah. A case came before Rebbi Yasa; he said, go to Rebbi Abbahu since he has learned that practice follows Rebbi Jehudah; we did not learn that practice follows Rebbi Jehudah. Rebbi Ḥanina said, practice follows Rebbi Jehudah. Rebbi Joḥanan said to the Sepphoreans, you say in the name of Rebbi Ḥanina that practice follows Rebbi Jehudah, but it is not so. How is it? The colleagues in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she had intercourse after she grew two hairs, she cannot repudiate. Rebbi Ze‘ira in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she received qiddushin after she grew two hairs, she cannot repudiate. According to Rebbi Ze‘ira who said “she received qiddushin after she grew two hairs”, it follows that if she received qiddushin before she grew two hairs and had intercourse after she grew two hairs, she can repudiate. That fits. According to the colleagues who say “she had intercourse after she grew two hairs”, it follows that if she had intercourse before she grew two hairs, she can repudiate.

Rebbi Abbahu, Rebbi Eleazar, in the name of Rebbi Hoshaia: Practice follows Rebbi Jehudah. Rebbi Joshua ben Levi said, practice follows Rebbi Jehudah. A case came before Rebbi Yasa; he said, go to Rebbi Abbahu since he has learned that practice follows Rebbi Jehudah; we did not learn that practice follows Rebbi Jehudah. Rebbi Ḥanina said, practice follows Rebbi Jehudah. Rebbi Joḥanan said to the Sepphoreans, you say in the name of Rebbi Ḥanina that practice follows Rebbi Jehudah, but it is not so. How is it? The colleagues in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she had intercourse after she grew two hairs, she cannot repudiate. Rebbi Ze‘ira in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she received qiddushin after she grew two hairs, she cannot repudiate. According to Rebbi Ze‘ira who said “she received qiddushin after she grew two hairs”, it follows that if she received qiddushin before she grew two hairs and had intercourse after she grew two hairs, she can repudiate. That fits. According to the colleagues who say “she had intercourse after she grew two hairs”, it follows that if she had intercourse before she grew two hairs, she can repudiate.

Rebbi Abbahu, Rebbi Eleazar, in the name of Rebbi Hoshaia: Practice follows Rebbi Jehudah. Rebbi Joshua ben Levi said, practice follows Rebbi Jehudah. A case came before Rebbi Yasa; he said, go to Rebbi Abbahu since he has learned that practice follows Rebbi Jehudah; we did not learn that practice follows Rebbi Jehudah. Rebbi Ḥanina said, practice follows Rebbi Jehudah. Rebbi Joḥanan said to the Sepphoreans, you say in the name of Rebbi Ḥanina that practice follows Rebbi Jehudah, but it is not so. How is it? The colleagues in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she had intercourse after she grew two hairs, she cannot repudiate. Rebbi Ze‘ira in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she received qiddushin after she grew two hairs, she cannot repudiate. According to Rebbi Ze‘ira who said “she received qiddushin after she grew two hairs”, it follows that if she received qiddushin before she grew two hairs and had intercourse after she grew two hairs, she can repudiate. That fits. According to the colleagues who say “she had intercourse after she grew two hairs”, it follows that if she had intercourse before she grew two hairs, she can repudiate.

When was it? She became pregnant and gave birth before she grew two hairs. Could she have lived? Did not Rebbi Redifa, Rebbi Jonah, say in the name of Rebbi Hila: If a woman became pregnant and gave birth before she grew two hairs, she and her son will die. After she grew two hairs, she and her son will live. If she became pregnant before she grew two hairs and gave birth after she grew two hairs, she will live but her son will die. How is the situation? Rebbi Ismael follows RebbiJehudah, until the black covers most [and] Rebbi Simeon, that intercourse occurred with the idea of the prior qiddushin. Following the opinions of Rebbi Meїr and Rebbi Jehudah who say that her status depends on the signs of development, it fits. Following the opinion of Rebbi Simeon who says, if he adds another act of acquisition, then even if she is an adult! Rebbi Isaac said, that is so. Only that the daughters of Israel should not be unbridled in breaking tabus.

There came a case before Rebbi Yose. He said: One should examine her breasts. How? Following Rebbi Jehudah! Since Rebbi Jehudah said, until the black covers most. Is not that what Rebbi Joshua ben Levi said, between maidenhood and adulthood thare are only six months, and Rebbi Abbahu said in the name of Rebbi Joḥanan, one does not act on this? This means during that period. But after that period one acts. But in this case where there was a doubt whether the black covered most or the black did not cover most, I force him to give a bill of divorce. When the black covers most one does not touch a bill of divorce.

There came a case before Rebbi Yose. He said: One should examine her breasts. How? Following Rebbi Jehudah! Since Rebbi Jehudah said, until the black covers most. Is not that what Rebbi Joshua ben Levi said, between maidenhood and adulthood thare are only six months, and Rebbi Abbahu said in the name of Rebbi Joḥanan, one does not act on this? This means during that period. But after that period one acts. But in this case where there was a doubt whether the black covered most or the black did not cover most, I force him to give a bill of divorce. When the black covers most one does not touch a bill of divorce.

Text of the parallel Qiddušin 4:1: Rebbi Jacob bar Aḥa presented traditions: Rebbi Ḥanina and Rebbi Joshua ben Levi, one declares permissible and the other admits. He who declares permissible admits. But he who admits does not declare admissible. Rebbi Yose ben Rebbi Abun in the name of Rebbi Naḥman bar Jacob: Babylonia, as far as family pedigree is concerned, extends up to the zrvq canal. Rebbi Yose ben Rebbi Abun said, Rav and Samuel, one said up to the zrvq canal, the other said up to the Wani canal. Rav Jehudah said, between the rivers is like Nahardea as far as family pedigree is concerned. Rebbi Ḥanina ben Beroqa in the name of Rav Jehudah: The people of Mesene are questionable only because of doubts of desecrated women. The Cohanim amongst them did not care about divorcees. There, they called Mesene dead, Media sick, Elam and gbby dying. The maritime district is the purple-blue of Babylonia. Šny’, gbby’, and ṣrry are purple-blue of the maritime district.

Text of the parallel Qiddušin 4:1: Rebbi Jacob bar Aḥa presented traditions: Rebbi Ḥanina and Rebbi Joshua ben Levi, one declares permissible and the other admits. He who declares permissible admits. But he who admits does not declare admissible. Rebbi Yose ben Rebbi Abun in the name of Rebbi Naḥman bar Jacob: Babylonia, as far as family pedigree is concerned, extends up to the zrvq canal. Rebbi Yose ben Rebbi Abun said, Rav and Samuel, one said up to the zrvq canal, the other said up to the Wani canal. Rav Jehudah said, between the rivers is like Nahardea as far as family pedigree is concerned. Rebbi Ḥanina ben Beroqa in the name of Rav Jehudah: The people of Mesene are questionable only because of doubts of desecrated women. The Cohanim amongst them did not care about divorcees. There, they called Mesene dead, Media sick, Elam and gbby dying. The maritime district is the purple-blue of Babylonia. Šny’, gbby’, and ṣrry are purple-blue of the maritime district.

Rebbi Jehudah ben Pazi said, why did Scripture put the incest chapter next to the holiness chapter? To teach you that every one who shies away from incest is called “holy”. In this sense, the woman of Shunem said to her husband: “ Lo, I know that he is a holy man of God”. Rebbi Jonah said, “he is holy”, but not his student. Rebbi Abin said, that he never looked at her. But the rabbis say that he he never had an involuntary emission. {The slave girl of Rebbi Samuel ben Rav Isaac said, I never saw a bad thing on my master’s garments.} It is written “Geḥazi drew near to push her away”. What is לְהָדְפָהּ? Rebbi Yose ben Ḥanina said, he put his hand on her beauty spot, between her breasts.

MISHNAH: If somebody brings a bill of divorce from overseas and says “it was written and signed in my presence”, he shall not marry the wife. “He died”, “I killed him”, or “we killed him”, he shall not marry the wife. Rebbi Jehudah said, “I killed him”, the wife cannot be married, “we killed him”, the wife can be married.

“We killed him,” she should be married to others but not to him. “They said before Rebbi Jehudah, it happened that a robber was caught in Kappadokian Caesarea. When he went out to be executed, he said to them, go and tell the wife of Simeon ben Cahana that I killed him when he was coming into Lydda. The case came before the Sages and they confirmed his words. Rebbi Jehudah said to them: Is that a proof? He only said, we killed him.”

“We killed him,” she should be married to others but not to him. “They said before Rebbi Jehudah, it happened that a robber was caught in Kappadokian Caesarea. When he went out to be executed, he said to them, go and tell the wife of Simeon ben Cahana that I killed him when he was coming into Lydda. The case came before the Sages and they confirmed his words. Rebbi Jehudah said to them: Is that a proof? He only said, we killed him.”

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.

There, we have stated: “If a brother gave qiddushin to the sister of a woman waiting for the levir, they said in the name of Rebbi Jehudah ben Bathyra: One says to him, wait until your brother has acted. If [one of the] brothers performed ḥalîṣah or married her, he may marry his wife. If the sister-in-law died, he may marry his wife. If the levir died, he has to send away his wife by a bill of divorce and his brother’s widow by ḥalîṣah.” It says only: If the sister-in-law died, his wife is permitted to him. But if his wife died, his sister-in-law is forbidden to him. Rebbi Joḥanan said, these are the words of Rebbi Eliezer. But the Sages 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. Rebbi Joḥanan said, the Sages hold that for anything induced by a cause, if the cause is removed the prohibition is removed. But for Rebbi Eliezer, if the cause is removed the prohibition remains.

A Mishnah disagrees with Samuel: “If somebody performs ḥalîṣah with his sister-in-law, her relatives are forbidden to him and his relatives are forbidden to her.” There is a difference here, since he already is available to free himself from her. A Mishnah disagrees with Rav: “If somebody performs ḥalîṣah with his sister-in-law, then his brother marries her sister and dies, she performs ḥalîṣah but cannot have levirate.” This supports him who says that ḥalîṣah is freeing. But according to him who says, ḥalîṣah is acquisiton, is there anybody who wants to acquire two sisters together? Explain it, after her death. Is there no levirate after death? Explain it following Rebbi Eleazar, since Rebbi Eleazar said, if the cause is removed the prohibition remains. A Mishnah disagrees with Rav: “Three brothers, two of them are married to two sisters and the third is free. One of the sisters’ husbands died, the free [brother] “bespoke” her, then the second brother died. The House of Shammai say, his wife is with him and the other one should leave as the wife’s sister. The House of Hillel say, he divorces his wife with a bill of divorce (and ḥalîṣah), and his wife’s sister with ḥalîṣah. This supports him who says that ḥalîṣah is (acquisiton) [freeing]. But according to him who says, ḥalîṣah is acquisiton, is there anybody who wants to acquire two sisters together? Explain it, after her death. Is there no levirate after death? Explain it following Rebbi Eleazar, since Rebbi Eleazar said, if the cause is removed the prohibition remains. A Mishnah disagrees with Rav: “If a brother gives qiddushin to the sister of a woman waiting for the levir, they said in the name of Rebbi Jehudah ben Bathyra: One says to him, wait until your brother has acted. If one of the brothers performed ḥalîṣah or married her, he may marry his wife. If the sister-in-law died, he may marry his wife. If the levir died, he has to remove his wife by a bill of divorce and his brother’s widow by ḥalîṣah.”. This supports him who says that ḥalîṣah is freeing. But according to him who says, ḥalîṣah is acquisiton, is there anybody who wants to acquire two sisters together? Explain it following Rebbi Eleazar, since Rebbi Eleazar said, if the cause is removed the prohibition remains. A Mishnah disagrees with Rav: “If a brother of the High Priest dies, he performs ḥalîṣah but not levirate.” This supports him who says that ḥalîṣah is freeing. But according to him who says, ḥalîṣah is acquisiton, does one say to him, transgress the words of the Torah? Rebbi Ḥama, the colleague of the rabbis, objected: Does not a Mishnah disagree with Rav? “Three brothers, two of them married to two sisters or a woman and her daughter or a woman and her daughter’s or her son’s daughter. These perform ḥalîṣah but not levirate.” There is a difference since the prohibition of a woman and her daughter applies both when she is alive as also after her death. These last two disagree with Rav and one cannot explain them away.

MISHNAH: He who performs ḥalîṣah with his sister-in-law is like any of the other brothers for the inheritance and, if there is a father, the property goes to the father. He who marries his sister-in-law acquires his brother’s property. Rebbi Jehudah says, in any case if there is a father, the property goes to the father.

Rav Jehudah said in the name of Samuel: He who “bespeaks” his sister-in-law does not acquire his brother’s property. Even the House of Shammai agree to that; even Rebbi Simeon agrees to that, but not Rebbi Eleazar ben Arakh. As Rebbi Eleazar ben Arakh said, “bespeaking” acquires the sister-in-law totally. If there were two sisters-in-law, he “bespoke” one and came to the other. As you take it, either by “bespeaking” he acquires or by intercourse he acquires. Rebbi Yose said, since he cannot keep either one, he did not acquire his brother’s property.

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?

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?

MISHNAH: If a brother gave qiddushin to the sister of a woman waiting for the levir, they said in the name of Rebbi Jehudah ben Bathyra: One says to him wait until your older brother has acted. If [one of the] brothers performed ḥalîṣah or married her, he may marry his wife. If the sister-in-law died, he may marry. If the levir died, he has to remove himself from his wife by a bill of divorce and his brother’s widow by ḥalîṣah.

MISHNAH: No sister-in-law should be a party to ḥalîṣah or levirate until after three months. Similarly, no woman should be married or receive qiddushin until after three months, whether virgin or not virgin, widow or divorcee, married or betrothed. Rebbi Jehudah says, those that had been married may receive qiddushin and those that had received qiddushin can be married except those that had received qiddushin in Judea because he is familiar with her. Rebbi Yose said, any woman may receive qiddushin except a widow because of her mourning.

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.”

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.

Even though Rebbi Joshua said, the child of him who sleeps with his sister is acceptable, he agrees that if the child was female that she is blemished for the priesthood. Even though Rebbi Simeon ben Jehudah [says] in the name of Rebbi Simeon: If a Gentile or a slave came to a daughter of Israel, the child is acceptable, they agree that if she was female, she is blemished for the priesthood. A man came to Rav and said, since the children of this man’s mother are from an Aramean? He said, acceptable. Rav Ḥama bar Guria said to him, let your feet carry you away before Samuel comes and declares you blemished. Even though Rav said, if a Gentile or a slave came to a daughter of Israel, the child is acceptable, he agrees that if she was female, she is blemished for the priesthood.

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.”

MISHNAH: A private priest should not marry a she-ram unless he has a wife and children. Rebbi Jehudah says, even one who has a wife and children should not marry a she-ram since she is the harlot mentioned in the Torah. But the Sages say, a harlot is only a convert, a freedwoman, and one who copulated in harlotry.

Rebbi Jehudah ben Pazi said, it is written: “Between their rows they make oil,” “they to not turn to the way of vineyards”, that their copulation was not for children. Rebbi Simon said, it is written: “They ate and were not satiated, they whored and did not spread,” that their copulation was not for children. It is written: “Lemekh took for himself two wives”, “Adah” who was beautifying her body. “Ṣillah”, who was sitting in the shadow of children.

They objected to Rebbi Jehudah: Think of it, if she was sterile and could not give birth. Think of it, if she was old. Rebbi Eleazar said, intercourse of an unmarried man with an unmarried woman not with the intent of marriage is intercourse of harlotry. Rebbi Abba bar Mamal said, that implies that the High Priest who performed qiddushin by copulation is not having intercourse with a deflowered one.

Rebbi Eleazar in the name of Rebbi Yose ben Zimra: The reason of that Tanna: “Be fruitful and multiply, fill the earth and conquer it.” It is written “he shall conquer it.” Who usually conquers? The man, not the woman. Rebbi Jeremiah, Rebbi Abbahu, Rebbi Isaac bar Marion, in the name of Rebbi Ḥanina: Practice follows Rebbi Joḥanan ben Beroqa. Rebbi Jacob bar Aḥa and Rebbi Jacob bar Idi, Rebbi Isaac bar Ḥaqula in the name of Rebbi Jehudah Neśia: If she requests to be married, she has the law on her side. Rebbi Eleazar in the name of Rebbi Ḥanina: Practice follows Rebbi Joḥanan ben Beroqa. Rebbi Abba bar Zavda said to him, I was with you and it was only said that if she requests to be married, she has the law on her side. In a similar case, referring to what we have stated there: “In the week in which the Ninth of Av falls, it is forbidden to get a haircut and to wash. But on Thursday one is permitted, in preparation for the Sabbath.” Rebbi Abba bar Zavda in the name of Rebbi Ḥanina: Rebbi wanted to do away with the Ninth of Av but they did not let him. Rebbi Eleazar said to him, I was with you and it was only said that Rebbi wanted to do away with the Ninth of Av which happened to be on the Sabbath but they did not let him. He said, since it is pushed away, let it be pushed away. They said to him, it should be pushed to the next day. He recited on these: “Two are better than one.”

Rebbi Isaac bar Naḥman also said: Rebbi Joshua ben Levi was in Laodicea and met there Rebbi Jehudah the Patriarch. He wanted to leave early, when he said to him wait for us tomorrow to immerse this woman convert. Rebbi Zera asked Rebbi Isaac bar Naḥman: Was that to honor the old man or because one does not immerse a woman convert at night? He said to him, because one does not immerse a woman convert at night. A case came before Rebbi Yose whether one may immerse converts at night. They could not agree.

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.