jehudah

Rebbi Eleazar asked: Do the daughters of the rape victim have the rights given by the ketubah stipulations? It is clear to me that the rape victim has no [ketubah] of the male children, and that the seduced victim has no [ketubah] of the male children. If you say that he questions in both cases, we could ask, do the daughters of the rape victim and the daughters of the seduced girl have the rights given by the ketubah stipulations? That is a problem following the rabbis, but it is obvious following Rebbi Yose ben Rebbi Jehudah; as it was stated: Rebbi Yose ben Rebbi Jehudah says, the rapist gives a mina as ketubah.

Rebbi Eleazar asked: Do the daughters of the rape victim have the rights given by the ketubah stipulations? It is clear to me that the rape victim has no [ketubah] of the male children, and that the seduced victim has no [ketubah] of the male children. If you say that he questions in both cases, we could ask, do the daughters of the rape victim and the daughters of the seduced girl have the rights given by the ketubah stipulations? That is a problem following the rabbis, but it is obvious following Rebbi Yose ben Rebbi Jehudah; as it was stated: Rebbi Yose ben Rebbi Jehudah says, the rapist gives a mina as ketubah.

MISHNAH: If somebody gives his daughter in preliminary marriage and she was divorced, in preliminary marriage and she was widowed, the ketubah belongs to him. If he gave her in definitive marriage and she was divorced, in definitive marriage and she was widowed, the ketubah belongs to her. Rebbi Jehudah says, the first ketubah is his. They said to him, from the moment he gave her in definitive marriage, he no longer has any power over her.

HALAKHAH: “If somebody gives his daughter in preliminary marriage,” etc. Rebbi Abun bar Ḥiyya said, the reason of Rebbi Jehudah is to encourage a man to give an ample dowry to his daughter. Rebbi Jacob bar Aḥa in the name of Rebbi Isaac: Rebbi (Meïr) learned from the calumniator. Did not Rebbi Ḥiyya state: If she whored while in her father’s house and he calumniated her after she became an adult, he is not flogged nor does he pay 100 tetradrachmas but either she or the false witnesses are executed by stoning? Rebbi Mana asked before Rebbi Yose: Think of it, if he calumniated her when she was an adolescent and now she is an adult? He said to him, we heard that he pays to her father. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how could the rabbis compare a ketubah to a fine when they are not comparable! For the ketubah is an obligation from the first hour but the fine is only at the end; and you say so? He said to him, who says that to you? Even the [obligation of the] fine is from the first moment. It turns out that Rebbi Mana is like Rebbi Jeremiah and (like Rebbi Yose ben Ze‘ira).

MISHNAH: The father has the benefit to give his daughter in preliminary marriage by money, contract, or intercourse; he has the right to what she finds and to her earnings, to dissolve her vows, and to receive her bill of divorce, but cannot eat usufruct in her lifetime. If she is definitively married, the husband in addition eats usufruct in her lifetime but is required to pay for her upkeep, her ransom, and her burial. Rebbi Jehudah says, even the poorest in Israel should not provide for her less than two flutes and one wailing woman.

Rebbi Simeon ben Laqish in the name of Rebbi Jehudah ben Ḥananiah: They voted at Usha that a man has to feed his underage children. Rebbi Joḥanan said, we know who participated in that vote. Uqba came before Rebbi Joḥanan who said to him: Uqba, feed your children. He answered, Master, why? He said to him: Evil Uqba, feed your children. Rebbi Ulla said, a Mishnah confirms that a man has to feed his underage children, since we have stated there: “If she is nursing, she has to work less and one adds to her food.”

Rebbi Simeon ben Laqish in the name of Rebbi Jehudah ben Ḥananiah: They voted in Usha that if one writes all his property over to his sons, he and his wife are supported by them. What is the situation of underage children? Rebbi Abbahu in the name of Rebbi Yose ben Rebbi Jehudah, but some say it in the name of Rebbi Judah ben Ḥanina: He, his wife and his underage children are supported by them. What about his widow? Rebbi Ze‘ira said, this was asked but not resolved. Rebbi Abba bar Mamal said, it was asked and resolved, Rebbi Abba said, it seems reasonable that if she ate during her husband’s lifetime then she eats; otherwise, she does not eat. It says only “if one writes”; that excludes the seller. If he wrote to his sons and sold to others, what is here reasonable? Rebbi Ḥanina said, I would not give him anything. Rebbi Mana: Is it not reasonable that they hire him a servant and marry a wife to him so she should serve him?

Rebbi Simeon ben Laqish in the name of Rebbi Jehudah ben Ḥananiah: They voted in Usha that if one writes all his property over to his sons, he and his wife are supported by them. What is the situation of underage children? Rebbi Abbahu in the name of Rebbi Yose ben Rebbi Jehudah, but some say it in the name of Rebbi Judah ben Ḥanina: He, his wife and his underage children are supported by them. What about his widow? Rebbi Ze‘ira said, this was asked but not resolved. Rebbi Abba bar Mamal said, it was asked and resolved, Rebbi Abba said, it seems reasonable that if she ate during her husband’s lifetime then she eats; otherwise, she does not eat. It says only “if one writes”; that excludes the seller. If he wrote to his sons and sold to others, what is here reasonable? Rebbi Ḥanina said, I would not give him anything. Rebbi Mana: Is it not reasonable that they hire him a servant and marry a wife to him so she should serve him?

Rebbi Simeon ben Laqish in the name of Rebbi Jehudah bar Ḥaninah: They voted in Usha that one who insults an Elder or hits him has to indemnify him fully for his shame. It happened, that somebody who insulted an Elder and hit him had to indemnify him fully for his shame. They said, it happened to Rebbi Jehudah ben Ḥanina.

Rebbi Simeon ben Laqish in the name of Rebbi Jehudah bar Ḥaninah: They voted in Usha that one who insults an Elder or hits him has to indemnify him fully for his shame. It happened, that somebody who insulted an Elder and hit him had to indemnify him fully for his shame. They said, it happened to Rebbi Jehudah ben Ḥanina.

Rebbi Simeon bar Laqish said in the name of Rebbi Jehudah ben Ḥanina: They voted at Usha that a person may donate a fifth of his property for good deeds. How far down? Rebbi Jeremiah and Rebbi Abba bar Cahana; one said corresponding to terumah and the terumah of the tithe, the other said (Prov. 3:9): “Honor the Eternal with your property” … “corresponding to the first of all your yield”. Rebbi Gamliel bar Ininia asked before Rebbi Mana: Does it mean one fifth every year? {One studies this in the first Halakhah of Peah.} Will he not die? But lest he die in the future.

Rebbi Jehudah insists on interpreting the contract text. Rebbi Jehudah explained: A man brings for his wife any sacrifice she is obligated for, even if she ate suet or desecrated the Sabbath. Also, Rebbi Jehudah says, once he divorces her, he is no longer obligated for her, for she writes to him “any other obligations that may come to you from me from earlier times.”

Rebbi Jehudah insists on interpreting the contract text. Rebbi Jehudah explained: A man brings for his wife any sacrifice she is obligated for, even if she ate suet or desecrated the Sabbath. Also, Rebbi Jehudah says, once he divorces her, he is no longer obligated for her, for she writes to him “any other obligations that may come to you from me from earlier times.”

Rebbi Jehudah insists on interpreting the contract text. Rebbi Jehudah explained: A man brings for his wife any sacrifice she is obligated for, even if she ate suet or desecrated the Sabbath. Also, Rebbi Jehudah says, once he divorces her, he is no longer obligated for her, for she writes to him “any other obligations that may come to you from me from earlier times.”

“If somebody who works his wife’s property has the intention of divorcing her and goes and takes from the ground, he is quick and is rewarded. If somebody who works the property of prisoners heard that they prepare to return, goes and takes from the ground, he is quick and is rewarded. These are properties of prisoners: In any case where his father, brother, or any person from whom he might inherit, went overseas; it was heard that they died, and he went to work the inheritance. But property of abandoning persons one takes out of their hands. These are properties of abandoning persons: In any case where his father or any person from whom he might inherit went overseas, he did not hear that they died, but he went to work the inheritance. Rabban Simeon ben Gamliel said, I heard that there is no difference between prisoners and abandoning persons. But property of broken persons one takes out of their hands. These are properties of broken persons: In any case where his father, brother, or any person from whom he might inherit, went overseas, and his whereabouts are not known. Samuel says, the prisoner is one who left involuntarily. If he had left voluntarily he would have given him instructions. The abandoning person is one who left voluntarily. You should know that he had the intention of keeping [the relative] off his property since he left voluntarily and did not give him instructions. Rebbi Abba, Rav Jehudah in the name of Samuel: Movables do not fall under the rules of broken people. Rebbi Jacob bar Aḥa in the name of Rav: Those date palms of Babylonia which do not need grafting, is it not reasonable that we should treat them like standing grain ready to be harvested and grapes ready to be harvested?

MISHNAH: Rebbi Jehudah says, if he wants he writes for a virgin a contract of 200 [zuz] and she writes “I received 100 from you”, or for a widow a mina and she writes “I received 50 from you.” Rebbi Meïr says, anyone who diminishes [the ketubah] of a virgin below 200 or that of a widow below 100 is engaging in whoring copulation.

HALAKHAH: “Rebbi Jehudah says, if he wants he writes,” etc. Does Rebbi Jehudah think that the minimum for a virgin is a mina and for a widow 50 zuz? Should he not write so from the start? But it must be a diminution afterwards. Why can he not write that “I received from you such and such”? It was found that bar Kappara stated: “I received from you such and such”. Rebbi Joḥanan said: Rebbi Jehudah formulated this only for the end; but at the start, even Rebbi Jehudah agrees. What is the beginning and what is the end? The colleagues in the name of R. Joḥanan: Before he had intercourse, and after he had intercourse. Rebbi Ze‘ira in the name of R. Joḥanan: Before he took her in, and after he took her in. If he did not have intercourse with her, divorced her, and took her in again; that is before and after.

HALAKHAH: “Rebbi Jehudah says, if he wants he writes,” etc. Does Rebbi Jehudah think that the minimum for a virgin is a mina and for a widow 50 zuz? Should he not write so from the start? But it must be a diminution afterwards. Why can he not write that “I received from you such and such”? It was found that bar Kappara stated: “I received from you such and such”. Rebbi Joḥanan said: Rebbi Jehudah formulated this only for the end; but at the start, even Rebbi Jehudah agrees. What is the beginning and what is the end? The colleagues in the name of R. Joḥanan: Before he had intercourse, and after he had intercourse. Rebbi Ze‘ira in the name of R. Joḥanan: Before he took her in, and after he took her in. If he did not have intercourse with her, divorced her, and took her in again; that is before and after.

HALAKHAH: “Rebbi Jehudah says, if he wants he writes,” etc. Does Rebbi Jehudah think that the minimum for a virgin is a mina and for a widow 50 zuz? Should he not write so from the start? But it must be a diminution afterwards. Why can he not write that “I received from you such and such”? It was found that bar Kappara stated: “I received from you such and such”. Rebbi Joḥanan said: Rebbi Jehudah formulated this only for the end; but at the start, even Rebbi Jehudah agrees. What is the beginning and what is the end? The colleagues in the name of R. Joḥanan: Before he had intercourse, and after he had intercourse. Rebbi Ze‘ira in the name of R. Joḥanan: Before he took her in, and after he took her in. If he did not have intercourse with her, divorced her, and took her in again; that is before and after.

HALAKHAH: “Rebbi Jehudah says, if he wants he writes,” etc. Does Rebbi Jehudah think that the minimum for a virgin is a mina and for a widow 50 zuz? Should he not write so from the start? But it must be a diminution afterwards. Why can he not write that “I received from you such and such”? It was found that bar Kappara stated: “I received from you such and such”. Rebbi Joḥanan said: Rebbi Jehudah formulated this only for the end; but at the start, even Rebbi Jehudah agrees. What is the beginning and what is the end? The colleagues in the name of R. Joḥanan: Before he had intercourse, and after he had intercourse. Rebbi Ze‘ira in the name of R. Joḥanan: Before he took her in, and after he took her in. If he did not have intercourse with her, divorced her, and took her in again; that is before and after.

What is a wife and what is a concubine? Rebbi Meïr says, a wife has a ketubah, a concubine has no ketubah. Rebbi Jehudah says, both have a ketubah. A wife has a ketubah and the ketubah stipulations; a concubine has a ketubah but no ketubah stipulations. Rav Jehudah in the name of Rav: These are the opinions of Rebbi Meïr and Rebbi Jehudah. But the words of the Sages: “A man may marry a woman and stipulate with her not to feed her and not to provide for her. Not only that, but that she should feed and provide for him and teach him Torah. It happened that Rebbi Joshua, son of Rebbi Aqiba, married a woman and stipulated with her not to feed her and not to provide for her. Not only that, but that she should feed and provide for him and teach him Torah. But when years of famine came and they distributed the properties among themselves, she started complaining about him to the Sages of Israel. He said to them, for me she is trustworthy more than anybody. She told them, it is true that thus I stipulated with him. [They said to her], nothing comes after acquisition.”

What is a wife and what is a concubine? Rebbi Meïr says, a wife has a ketubah, a concubine has no ketubah. Rebbi Jehudah says, both have a ketubah. A wife has a ketubah and the ketubah stipulations; a concubine has a ketubah but no ketubah stipulations. Rav Jehudah in the name of Rav: These are the opinions of Rebbi Meïr and Rebbi Jehudah. But the words of the Sages: “A man may marry a woman and stipulate with her not to feed her and not to provide for her. Not only that, but that she should feed and provide for him and teach him Torah. It happened that Rebbi Joshua, son of Rebbi Aqiba, married a woman and stipulated with her not to feed her and not to provide for her. Not only that, but that she should feed and provide for him and teach him Torah. But when years of famine came and they distributed the properties among themselves, she started complaining about him to the Sages of Israel. He said to them, for me she is trustworthy more than anybody. She told them, it is true that thus I stipulated with him. [They said to her], nothing comes after acquisition.”

What is a wife and what is a concubine? Rebbi Meïr says, a wife has a ketubah, a concubine has no ketubah. Rebbi Jehudah says, both have a ketubah. A wife has a ketubah and the ketubah stipulations; a concubine has a ketubah but no ketubah stipulations. Rav Jehudah in the name of Rav: These are the opinions of Rebbi Meïr and Rebbi Jehudah. But the words of the Sages: “A man may marry a woman and stipulate with her not to feed her and not to provide for her. Not only that, but that she should feed and provide for him and teach him Torah. It happened that Rebbi Joshua, son of Rebbi Aqiba, married a woman and stipulated with her not to feed her and not to provide for her. Not only that, but that she should feed and provide for him and teach him Torah. But when years of famine came and they distributed the properties among themselves, she started complaining about him to the Sages of Israel. He said to them, for me she is trustworthy more than anybody. She told them, it is true that thus I stipulated with him. [They said to her], nothing comes after acquisition.”

“If she spent six months for her husband and six months for the levir, she cannot eat heave. Not only six months for the levir but even all the time for the levir except for one day, she cannot eat heave.” The Mishna follows neither the earliest not the last Mishnah, but the intermediate development. As it was stated: First, they were saying that a preliminarily married woman, daughter of an Israel, could eat heave, for they were explaining: “If a Cohen acquires a person, acquistion by money;” for what would be the difference between one who acquires a wife and one who acquires a slave girl? They changed, to say: after twelve months, when he becomes responsible for her upkeep. The court of the later ones said: A woman never eats heave before she enters the bridal chamber. ”Already Rebbi Joḥanan ben Bagbag sent to Rebbi Jehudah ben Bathyra at Nisibis: They say in your name that the preliminarily married daughter of an Israel eats heave. He sent back the following: I had been convinced that you are knowledgeable in the secrets of the Torah, but you do not even know the rules de minore ad majus! Since money can acquire a Gentile slave girl to permit her to eat heave, but she cannot be acquired by sexual relations to permit her to eat heave, whereas a wife can be acquired by sexual relations to permit her to eat heave, it is only logical that money can acquire a wife to permit her to eat heave! But what can I do? They said that no woman eats heave before she enters the bridal chamber,” and they supported it by the verse: “Every pure person in your household shall eat it.” Rebbi Yudan said, that is an argument de minore ad majus that can be reversed! Because he could say to him, since a Gentile slave girl can be acquired by active possession to permit her to eat heave, what can you say about a wife who cannot be acquired by active possession? If an argument de minore ad majus can be reversed, the argument is invalid.

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

MISHNAH: If a woman revolts against her husband, one reduces her ketubah by seven denars a week; Rebbi Jehudah says, by seven tropaïkes. For how long does one reduce? Up to the amount of her ketubah. Rebbi Yose says, he continues to reduce, for maybe an inheritance will come to her from outside and he would be able to collect from it. Similarly, if the husband revolts against his wife, one adds to her ketubah three denars a week; Rebbi Jehudah says three tropaїkes.

MISHNAH: If a woman revolts against her husband, one reduces her ketubah by seven denars a week; Rebbi Jehudah says, by seven tropaïkes. For how long does one reduce? Up to the amount of her ketubah. Rebbi Yose says, he continues to reduce, for maybe an inheritance will come to her from outside and he would be able to collect from it. Similarly, if the husband revolts against his wife, one adds to her ketubah three denars a week; Rebbi Jehudah says three tropaїkes.

MISHNAH: What a woman finds or makes with her hands belongs to her husband. Of what she inherits he eats the yield during her lifetime. [Payments she receives for] settlements for shame and diminution of value belong to her; Rebbi Jehudah ben Bathyra says, in case it is covered, she receives two thirds and he one third; in case it is visible, he receives two thirds and she one third. His part shall be given immediately; her part shall be invested in real estate and he eats its yield.

MISHNAH: If an orphan girl was married off by her mother or her brothers and they wrote her 100 or 50 zuz, after she becomes an adult she can claim from them what is appropriate to be given to her. Rebbi Jehudah says, if he married off his first daughter, the second should be given in the way the first had been given. But the Sages say, sometimes it happens that a person was poor and became rich, or was rich and became poor. But one appraises the property and gives to her

MISHNAH: If somebody makes a vow that his wife should not have any usufruct from him, up to thirty days he shall appoint a provider, more than that he has to divorce her and pay the ketubah. Rebbi Jehudah says, if he is an Israel, for one month he should keep her, for two he has to divorce her and pay the ketubah; in the case of the wife of a Cohen for two months he should keep her, for three he has to divorce her and pay the ketubah.

Rebbi Yose said, they differ about wives of Cohanim. “Beyond that he has to divorce her and pay the ketubah,” at the end of the second [month]. “Rebbi Jehudah says, if he is an Israel, for one month he should keep her, for two he has to divorce her and pay the ketubah,” at the end of the second [month]. “In the case of the wife of a Cohen for two months he should keep her, for three he has to divorce her and pay the ketubah,” at the beginning of the third. And a disagreement was stated, at the end of three [months], the words of Rebbi Meïr. Rebbi Mana said to him, where no disagreement was stated, you introduce a disagreement. But they disagree if he is an Israel. “Beyond that he has to divorce her and pay the ketubah,” at the beginning of the second [month]. “Rebbi Jehudah says, if he is an Israel, for one month he should keep her, for two he has to divorce her and pay the ketubah,” at the beginning of the second. “In the case of the wife of a Cohen for two months he should keep her, for three he has to divorce her and pay the ketubah,” at the end of three [months]. It was stated thus: At the end of three by everybody’s opinion.

Rebbi Yose said, they differ about wives of Cohanim. “Beyond that he has to divorce her and pay the ketubah,” at the end of the second [month]. “Rebbi Jehudah says, if he is an Israel, for one month he should keep her, for two he has to divorce her and pay the ketubah,” at the end of the second [month]. “In the case of the wife of a Cohen for two months he should keep her, for three he has to divorce her and pay the ketubah,” at the beginning of the third. And a disagreement was stated, at the end of three [months], the words of Rebbi Meïr. Rebbi Mana said to him, where no disagreement was stated, you introduce a disagreement. But they disagree if he is an Israel. “Beyond that he has to divorce her and pay the ketubah,” at the beginning of the second [month]. “Rebbi Jehudah says, if he is an Israel, for one month he should keep her, for two he has to divorce her and pay the ketubah,” at the beginning of the second. “In the case of the wife of a Cohen for two months he should keep her, for three he has to divorce her and pay the ketubah,” at the end of three [months]. It was stated thus: At the end of three by everybody’s opinion.

MISHNAH: If somebody causes a vow of his wife that she should not taste any kind of fruits has to divorce her and pay the ketubah. Rebbi Jehudah says, if he is an Israel, for one month he should keep her, for two he has to divorce her and pay the ketubah; in the case of the wife of a Cohen for two [months] he should keep her, for three he has to divorce her and pay the ketubah.

Rebbi Eleazar in the name of Rebbi Ḥanina: If they saw her putting on her underpants and the pedlar leaves her house, the thing is ugly, she should leave. There is slime on her bed, the thing is ugly, she should leave. There is slime on his bed, the thing is ugly, she should leave. His sandal is in front of her bed, the thing is ugly, she should leave. Her sandal is in front of his bed, the thing is ugly, she should leave. Both leave the same dark place, the thing is ugly, she should leave. They lift one another from the cistern, the thing is ugly, she should leave. Both of them clap on her thighs in the bathhouse, the thing is ugly, she should leave. Ḥanina bar Iqa in the name of Rebbi Jehudah, in all these cases, if she brings an explanation for her behavior she is believed. Rav Ada bar Aḥawa in the name of Rav: A case came before Rebbi and he said, what of it? They asked before him: Even if they saw him putting his mouth on her mouth? He said, this did happen, that they saw a man putting his mouth on her mouth. The case came befote Rebbi Yose, who said that she should leave without ketubah. Her relatives appealed the case and said, if she is deviant, she should leave without ketubah. If she is not deviant, she should take the entire ketubah. Rebbi Mana said to them, bring the ketubah that we may read it. They brought the ketubah and found written in it: If this X marries this Y as her husband and should no longer desire his company, she shall take half the ketubah sum. Rebbi Abun said, since she agreed that he should put his mouth on her mouth it is as if she hated him; she has only half the ketubah. She lies in his bosom or he lies in her bosom, she is deviant. If they embrace, she is deviant. If they kiss, she is deviant. If the door is locked, she is deviant. If it is blocked, that is a problem.

HALAKHAH: “If a man developed defects,” etc. Rav Jehudah in the name of Rav: So is the Mishnah, “if he had.” But if they developed newly, one forces him to divorce. Rebbi Abba bar Cahana in the name of Rebbi Joḥanan: Practice follows Rabban Simeon ben Gamliel. There came a case before Rebbi Jeremiah about a kopeaḥ, and he forced him. It turns out that following Rav if he did not become so, following Rabban Simeon ben Gamliel if he became so. Rebbi Ze‘ira said, Rabban Simeon ben Gamliel follows Rebbi Meïr. Which [statement of] Rebbi Meïr? The former or the later? If the former, until she made a condition. If the later, even if he made a condition it is nothing. But this Mishnah turns out following Rabban Simeon ben Gamliel; does “the following one forces to divorce” [follows] the rabbis? Let us hear from the following: “Rabban Simeon ben Gamliel says, if it was a major defect, e. g., blind in one eye, amputated of one of his hands, lame in one of his legs, immediately he shall divorce and pay the ketubah.” This Mishnah turns out following Rabban Simeon ben Gamliel; “the following one forces to divorce” [follows] the rabbis.

MISHNAH: If a woman inherited property before she became preliminarily married, the Houses of Shammai and Hillel agree that if she sells or gives it away it is valid. If she inherited after she became preliminarily married, the House of Shammai say she may sell, the House of Hillel say she should not sell, but both of them agree that if she sold or gave it away it is valid. Rebbi Jehudah said: They said before Rabban Gamliel: If he obtained the right to the woman, should he not also acquire the right to the property? He said to them, are we not ashamed about the new [properties] and you want to burden us with the old ones?

Rebbi Jehudah said, they argued before Rabban Gamliel: Because preliminarily married she is his wife and definitively married she is his wife; just as the sale by the latter is void, the sale by the former also should be void. He said to them, we are ashamed of the new ones, now you want to roll the new on over the old ones! The new ones, after the definitive marriage; the old ones before the definitive marriage, when she was married in the second ceremony.

MISHNAH: If she inherited old vines or olive trees, they should be sold for their wood and real estate bought with the proceeds, of which he eats the yield. Rebbi Jehudah says, she does not have to sell because they are the glory of her father’s house.

Simeon ben Sheṭaḥ decreed three things: That a person should use his wife’s ketubah in his business dealings. And that children have to go to school. Also, he decreed impurity for glass ware. But did not Rebbi Ze‘ira, Rebbi Abuna say in the name of Rav Jeremiah: Yose ben Yo‘ezer from Ṣereda and Yose ben Joḥanan from Jerusalem decreed impurity for Gentile lands and glass ware; Rebbi Yose said, Rebbi Jehudah bar Ṭabbai? Rebbi Jonah said, Jehudah bar Ṭabbai and Simeon ben Sheṭaḥ decreed on metal vessels; Hillel and Shammai decreed on the purity of hands. Rebbi Yose ben Rebbi Abun in the name of Levi: That was the current practice; they forgot it, but the later ones got up and agreed to the opinion of the earlier ones to teach you that everything the Court insists on will come to be in the end just as Moses was told on Sinai; as Rebbi Mana said (Deut. 32:47): “For it is not an empty word, from you,” if it is empty it is from you because you do not exert yourself about it. “Because it is your life,” when is it your life? At the time that you exert yourself!

Simeon ben Sheṭaḥ decreed three things: That a person should use his wife’s ketubah in his business dealings. And that children have to go to school. Also, he decreed impurity for glass ware. But did not Rebbi Ze‘ira, Rebbi Abuna say in the name of Rav Jeremiah: Yose ben Yo‘ezer from Ṣereda and Yose ben Joḥanan from Jerusalem decreed impurity for Gentile lands and glass ware; Rebbi Yose said, Rebbi Jehudah bar Ṭabbai? Rebbi Jonah said, Jehudah bar Ṭabbai and Simeon ben Sheṭaḥ decreed on metal vessels; Hillel and Shammai decreed on the purity of hands. Rebbi Yose ben Rebbi Abun in the name of Levi: That was the current practice; they forgot it, but the later ones got up and agreed to the opinion of the earlier ones to teach you that everything the Court insists on will come to be in the end just as Moses was told on Sinai; as Rebbi Mana said (Deut. 32:47): “For it is not an empty word, from you,” if it is empty it is from you because you do not exert yourself about it. “Because it is your life,” when is it your life? At the time that you exert yourself!

MISHNAH: If somebody writes to his wife: “I shall have nothing to do with your properties,” he receives their revenues and if she should die, he inherits from her. In this case, why did he write “I shall have nothing to do with your properties”? If she sold or gave away, it is valid. If he wrote to her: “I shall have nothing to do with your properties, nor with their revenues,” he does not receive their revenues during her lifetime but if she should die, he inherits from her. Rebbi Jehudah says, he continues to receive the investment results of her revenues unless he writes: “I shall have nothing to do with your properties, nor with their revenues, nor with revenues derived from revenues, without limits.” If he wrote “I shall have nothing to do with your properties, nor with their revenues, nor with revenues derived from revenues during your lifetime and after your death,” he does not receive the revenues during her lifetime and does not inherit from her after her death. Rabban Simeon ben Gamliel says, if she dies, he should inherit from her since he made a condition contradicting what is written in the Torah, and anybody’s condition contradicting what is written in the Torah is invalid.

If she sold produce connected to the ground: Rav Aḥa said, as if she sold harvested [produce]; Rebbi Yose said, as if she sold a tenth of the ground. Rebbi Ze‘ira, Rav Jehudah in the name of Rav: If somebody writes a field over to his wife, she cannot sell the produce. Rebbi Ze‘ira said, a baraita says so “What are revenues derived from revenues? He sells the produce, buys real estate, and eats its revenue.” Rebbi Immi asked: If another person had written [real estate] over to her, would he not receive the revenue? If he himself wrote, not so much more! He said only “wrote over”, but not “sold”. What is the difference between one who writes and one who sells? He tried to find a reason to hide food from the wife.

It is reasonable according to Rebbi Jehudah, if he wrote: “I shall have nothing to do with your properties and the revenues,” that he cannot take the revenues. Even if he wrote: “I shall have nothing to do with this field and its yield,” he cannot eat its yield. It is reasonable according to the rabbis; if he wrote: “I shall have nothing to do with this field and its yield,” can he eat its yield? Even if he wrote, “I shall have nothing to do with your properties and its yields,” can he eat its yield? Let us hear from the following, as Rebbi Ze‘ira, Rav Jehudah said in the name of Rav: If somebody writes a field over to his wife, he has no right to its yield. Rebbi Ze‘ira said, a baraita says so “What are revenues derived from revenues? He sells the produce, buys real estate, and eats its revenue.” Since he wrote, “I shall have nothing to do with your properties and their yields,” is that not as if he wrote a field over to his wife, and you say, he has neither revenue nor revenue from revenue! That means, there is no difference in the opinion of Rebbi Jehudah whether he wrote “I shall have nothing to do with this field and its yield,” or he wrote “I shall have nothing to do with your properties and their revenues,” he cannot take any revenue. Similarly, for the rabbis it makes no difference whether he wrote “I shall have nothing to do with your properties and their revenues,” or he wrote “I shall have nothing to do with this field and its yield,” he can take its yield.

It is reasonable according to Rebbi Jehudah, if he wrote: “I shall have nothing to do with your properties and the revenues,” that he cannot take the revenues. Even if he wrote: “I shall have nothing to do with this field and its yield,” he cannot eat its yield. It is reasonable according to the rabbis; if he wrote: “I shall have nothing to do with this field and its yield,” can he eat its yield? Even if he wrote, “I shall have nothing to do with your properties and its yields,” can he eat its yield? Let us hear from the following, as Rebbi Ze‘ira, Rav Jehudah said in the name of Rav: If somebody writes a field over to his wife, he has no right to its yield. Rebbi Ze‘ira said, a baraita says so “What are revenues derived from revenues? He sells the produce, buys real estate, and eats its revenue.” Since he wrote, “I shall have nothing to do with your properties and their yields,” is that not as if he wrote a field over to his wife, and you say, he has neither revenue nor revenue from revenue! That means, there is no difference in the opinion of Rebbi Jehudah whether he wrote “I shall have nothing to do with this field and its yield,” or he wrote “I shall have nothing to do with your properties and their revenues,” he cannot take any revenue. Similarly, for the rabbis it makes no difference whether he wrote “I shall have nothing to do with your properties and their revenues,” or he wrote “I shall have nothing to do with this field and its yield,” he can take its yield.

It is reasonable according to Rebbi Jehudah, if he wrote: “I shall have nothing to do with your properties and the revenues,” that he cannot take the revenues. Even if he wrote: “I shall have nothing to do with this field and its yield,” he cannot eat its yield. It is reasonable according to the rabbis; if he wrote: “I shall have nothing to do with this field and its yield,” can he eat its yield? Even if he wrote, “I shall have nothing to do with your properties and its yields,” can he eat its yield? Let us hear from the following, as Rebbi Ze‘ira, Rav Jehudah said in the name of Rav: If somebody writes a field over to his wife, he has no right to its yield. Rebbi Ze‘ira said, a baraita says so “What are revenues derived from revenues? He sells the produce, buys real estate, and eats its revenue.” Since he wrote, “I shall have nothing to do with your properties and their yields,” is that not as if he wrote a field over to his wife, and you say, he has neither revenue nor revenue from revenue! That means, there is no difference in the opinion of Rebbi Jehudah whether he wrote “I shall have nothing to do with this field and its yield,” or he wrote “I shall have nothing to do with your properties and their revenues,” he cannot take any revenue. Similarly, for the rabbis it makes no difference whether he wrote “I shall have nothing to do with your properties and their revenues,” or he wrote “I shall have nothing to do with this field and its yield,” he can take its yield.

HALAKHAH: “If a widow is supported by the orphans’ property,” etc. Rav Jehudah in the name of Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan: What she finds belongs to herself. If she had sustenance left over? Since her finds belong to her husband, the married woman’s leftover sustenance belongs to her husband. Since a widow’s finds belong to herself, her leftover sustenance belongs to herself. Her worn-out clothing belongs to her. Since even a married woman, whose leftover sustenance belongs to her husband, keeps her worn-out clothing to herself, the widow, whose leftover food belongs to herself, her worn-out clothing so much more! There, she needs them for the time of her period. Here also, she needs them for the time of her period.

Rav Jehudah in the name of Samuel: The one who renounced her ketubah in favor of the orphans is sustained by them. This is difficult. If there were a woman without ketubah, does she not have claim to sustenance? A woman without ketubah has claim to sustenance. But here is it not enough that she renounced her ketubah in favor of the orphans, that you want to cheat her of her sustenance?

Rav Jehudah in the name of Rav: If she requested her ketubah in court, she lost her claim to sustenance. Rebbi Yose said, but only from a clear mind; not if forced. As in the case of the widow of Rebbi Eudaimon from Mozva to whom they said, Rebbi Abba bar Cohen wants you. She requested her ketubah and lost her sustenance. After the matter became known, it was brought before Rebbi Yose and she returned to her sustenance.

HALAKHAH: “If she sold her ketubah entirely or partially,” etc. It was stated: “She sells and writes ‘this I sold for ketubah’ and ‘this I sold for sustenance,’ the words of Rebbi Jehudah. Rebbi Yose said, she sells and writes non-specifically; in this she is empowered.” If a loan before witnesses [comes due], she says, I sold for sustenance. If a loan by contract [comes due], she says, I sold for my ketubah. And even if a loan before witnesses [comes due], she sells for sustenance and turns around and forecloses it for her ketubah; could one not say to her, show your sale? Explain it, if the object increased in value.

“And one announces mornings and evenings,” at the time when [agricultural] workers go out or come back, and he mentions the field and its description. Rebbi Yose said, if they do not get their estimated price, they can conclude the sale. Is that the Mishnah, “if the judges estimated one sixth too little or too much, their sale is invalid”? Becausethey sold too low or too high, but if they found their estimate they close the deal. Rebbi Ḥananiah said before Rebbi Mana: What can you say, we deal with the case that they did not announce in public! From what is said afterwards: “Except if they offered public tender.” What is public tender? Rebbi Jehudah bar Pazi said, announcement.

Rebbi dwelt in Sepphoris seventeen years and applied to himself (Gen. 47:28): “Jacob lived in Egypt seventeen years,” Jehudah lived in Sepphoris seventeen years. Of these he suffered from toothache for thirteen years. {Rebbi Yose ben Rebbi Abun said, all these thirteen years no woman lying-in died in the Land of Israel and no pregnant woman had a miscarriage in the Land of Israel.} Why did he have a toothache? Once he saw a calf to be slaughtered when it bellowed and said to him, Rebbi, save me! He said to it, for that you were created. At the end, how was he healed? He saw them killing a burrow of rats. He said to them, let them live, it is written (Ps. 145:9) “His mercy extends to all His creatures.”

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

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

Rebbi Berekhiah asked Rebbi Ḥelbo. Rebbi Ḥelbo asked Rebbi Immi. Rebbi Immi asked Rebbi Eleazar. Rebbi Eleazar asked Rebbi Ḥanina, some say Rebbi Ḥanina asked Rebbi Joshua: Even those like Jeroboam and his kind? He said to him, (Deut. 29:22) “Sulphur and salt, conflagration throughout the country.” Rebbi Berekhiah said, one asked the other and we understand nothing from it. What does it mean? Since the Land of Israel was burned, judgment was executed on it. We have stated in the name of Rebbi Jehudah: Seven years was the Land of Israel burned; that is what is written (Dan. 9:27) “The Covenant overtook the public for one week.” What did the secondaries in it do? Pieces, pieces and it was burned.

HALAKHAH: “Admon promulgated seven [rules],” etc. How large is a large estate? Rebbi Ze‘ura, Rav Jehudah in the name of Rav: That there should be twelve months of sustenance for all of them. Samuel heard this and said, this is the opinion of Rabban Gamliel ben Rebbi, but the Sages say, until they reach adulthood or are married. They asked before Rebbi Yose, what did you hear from Rebbi Joḥanan? He said to them, let us explain the words of the Sages by their words! Nathan bar Hoshaia asked before Rebbi Joḥanan, if there was sustenance for twelve months but the estate diminished in value? He answered him, since the heirs started to eat with permission, they continue to eat until the last coin is gone.

It was stated: Rebbi Yose ben Rebbi Jehudah said, Admon and the rabbis did not disagree about one for whom the father had promised money but went bankrupt that she may sit until her hair grows white. Where did they disagree? If she promised herself. Admon says, she might say, “I was of the opinion that my father wants to give, but now my father does not want to give, what can I do? Marry definitively or divorce!” Rabban Simeon ben Gamliel said, I am convinced by Admon’s statement.

It was stated: “As to their free-will offerings, he did not say anything.” Does that mean that the wicked give free-will offerings? Since he gave a free-will offering, he is not wicked. The Mishnah follows Rebbi Jehudah, since it was stated in the name of Rebbi Jehudah: “It is better that you should not make a vow than that you make a vow but do not pay,” better in any case is that you should not make a vow at all. Rebbi Meїr says, “it is better that you should not make a vow than that you make a vow but do not pay,” better in any case is that you should make a vow and pay. And so it says, “make vows and pay to your God.” How does one handle a free-will offering? He brings his sheep to the Temple courtyard and says, that one is an elevation offering. Rebbi Abin said, Rebbi Jehudah used to open a door: If you had known that one who makes a vow is called wicked, would you have vowed? Rebbi Yannai said, “it is a trap for a human to call ‘sanctified’ and afterwards to check out the vows,” if one started to make vows, his account book is opened. Another explanation: “it is a trap for a human to call ‘sanctified’ and to be late to check out the vows,” if a person is in arrears with his vows, his account book is opened. It happened to one who said, I undertake to bring an elevation offering and he tarried to bring it. His ship sank at sea.

It was stated: “As to their free-will offerings, he did not say anything.” Does that mean that the wicked give free-will offerings? Since he gave a free-will offering, he is not wicked. The Mishnah follows Rebbi Jehudah, since it was stated in the name of Rebbi Jehudah: “It is better that you should not make a vow than that you make a vow but do not pay,” better in any case is that you should not make a vow at all. Rebbi Meїr says, “it is better that you should not make a vow than that you make a vow but do not pay,” better in any case is that you should make a vow and pay. And so it says, “make vows and pay to your God.” How does one handle a free-will offering? He brings his sheep to the Temple courtyard and says, that one is an elevation offering. Rebbi Abin said, Rebbi Jehudah used to open a door: If you had known that one who makes a vow is called wicked, would you have vowed? Rebbi Yannai said, “it is a trap for a human to call ‘sanctified’ and afterwards to check out the vows,” if one started to make vows, his account book is opened. Another explanation: “it is a trap for a human to call ‘sanctified’ and to be late to check out the vows,” if a person is in arrears with his vows, his account book is opened. It happened to one who said, I undertake to bring an elevation offering and he tarried to bring it. His ship sank at sea.

It was stated: “As to their free-will offerings, he did not say anything.” Does that mean that the wicked give free-will offerings? Since he gave a free-will offering, he is not wicked. The Mishnah follows Rebbi Jehudah, since it was stated in the name of Rebbi Jehudah: “It is better that you should not make a vow than that you make a vow but do not pay,” better in any case is that you should not make a vow at all. Rebbi Meїr says, “it is better that you should not make a vow than that you make a vow but do not pay,” better in any case is that you should make a vow and pay. And so it says, “make vows and pay to your God.” How does one handle a free-will offering? He brings his sheep to the Temple courtyard and says, that one is an elevation offering. Rebbi Abin said, Rebbi Jehudah used to open a door: If you had known that one who makes a vow is called wicked, would you have vowed? Rebbi Yannai said, “it is a trap for a human to call ‘sanctified’ and afterwards to check out the vows,” if one started to make vows, his account book is opened. Another explanation: “it is a trap for a human to call ‘sanctified’ and to be late to check out the vows,” if a person is in arrears with his vows, his account book is opened. It happened to one who said, I undertake to bring an elevation offering and he tarried to bring it. His ship sank at sea.

“Like vows of the good ones, he did not say anything.” Does this mean that good people make vows? Since that one made a vow, he is not a good one. The Mishnah follows Rebbi Jehudah since it was stated in the name of Rebbi Jehudah, the ancient pious ones desired to bring a purification offering, but the Omnipresent did not let a sin happen to them; so they made a vow of nazir in order to be able to bring a purification offering. Rebbi Simeon says, they became sinners because they made a vow of nazir, for it was said: “He shall atone for him for what he sinned about the person,” that one sinned against his own person because he barred himself from [drinking] wine. It turns out that that of Simeon the Just parallels Rebbi Simeon. As it was stated: Simeon the Just said, I never ate the reparation offering of a nazir except once. Once a man came to me from the South, I saw that he was reddish, with beautiful eyes and good looks, and his hair in nice rows of waves. I said to him, my son, what induced you to cut off that beautiful hair? He said to me: Great man, I was a shephard in my village and I went to fill the water vessel with water when I saw my mirror image in the water and my instinct rushed over me and tried to lose me from the World. I said to it, wicked! You are rushing me to something which is not yours; it is upon me to sanctify you to Heaven! I bent my head to him and said, my son, there should be many more in Israel who fulfill the Omnipresent’s will like you. About you the verse says, “man or woman, if he clearly articulates vowing a vow of nazir, to be a nazir for the Eternal.” Rebbi Mana asked: Why following Simeon the Just, even following Rebbi Simeon? Did Simeon the Just never eat a purification offering for suet? Did Simeon the Just never eat a purification offering for blood? Simeon the Just holds that people make a vow while they are upset. Since they make the vow while they are upset, in the end, they wonder. But if he wonders, his sacrifices become similar to one of those who slaughtered profane animals in the Temple courtyard. But this one made a well thought-out dedication, when his mouth and his thoughts were in unison.

“Like vows of the good ones, he did not say anything.” Does this mean that good people make vows? Since that one made a vow, he is not a good one. The Mishnah follows Rebbi Jehudah since it was stated in the name of Rebbi Jehudah, the ancient pious ones desired to bring a purification offering, but the Omnipresent did not let a sin happen to them; so they made a vow of nazir in order to be able to bring a purification offering. Rebbi Simeon says, they became sinners because they made a vow of nazir, for it was said: “He shall atone for him for what he sinned about the person,” that one sinned against his own person because he barred himself from [drinking] wine. It turns out that that of Simeon the Just parallels Rebbi Simeon. As it was stated: Simeon the Just said, I never ate the reparation offering of a nazir except once. Once a man came to me from the South, I saw that he was reddish, with beautiful eyes and good looks, and his hair in nice rows of waves. I said to him, my son, what induced you to cut off that beautiful hair? He said to me: Great man, I was a shephard in my village and I went to fill the water vessel with water when I saw my mirror image in the water and my instinct rushed over me and tried to lose me from the World. I said to it, wicked! You are rushing me to something which is not yours; it is upon me to sanctify you to Heaven! I bent my head to him and said, my son, there should be many more in Israel who fulfill the Omnipresent’s will like you. About you the verse says, “man or woman, if he clearly articulates vowing a vow of nazir, to be a nazir for the Eternal.” Rebbi Mana asked: Why following Simeon the Just, even following Rebbi Simeon? Did Simeon the Just never eat a purification offering for suet? Did Simeon the Just never eat a purification offering for blood? Simeon the Just holds that people make a vow while they are upset. Since they make the vow while they are upset, in the end, they wonder. But if he wonders, his sacrifices become similar to one of those who slaughtered profane animals in the Temple courtyard. But this one made a well thought-out dedication, when his mouth and his thoughts were in unison.

MISHNAH: Not profane I shall not eat from yours, not usable, not pure, pure, or impure, leftover, or mushy, is forbidden. Like a sheep, like the storage places, like wood, like altar gifts, like the altar, like the Temple, like Jerusalem. If one made a vow by one of the serving pieces of the altar even though he did not mention “sacrifice”, it is as if he made a vow by the sacrifice. Rebbi Jehudah says, he who says “Jerusalem” did not say anything.

“Rebbi Jehudah says, he who says ‘like Jerusalem’ did not say anything,” since this one intended to refer only to its wood and stones. “Like the Torah,” that is permitted. “Like the sanctity of the Torah, like what is written in it,” that is forbidden like the sacrifices written in it. There are Tannaїm who state, “like the Torah and what is written in it,” is permitted. Rebbi Abin bar Cahana said, that is Rebbi Simeon’s, as Rebbi Joḥanan said, by the words of Rebbi Simeon, if it turns out that he had no wheat, he is free also for the rest. Rebbi Yose said, it is everybody’s opinion. “Like the Torah”, like the sanctity of the Torah. “Like what is written in it,” like the sanctity of the verses.

MISHNAH: If somebody says sacrifice, elevation offering, or flour offering, purification offering, or well-being offering, that I will not eat with you, he is forbidden; Rebbi Jehudah permits. The sacrifice, like a sacrifice, sacrifice if I would eat with you, he is forbidden. It is for sacrifice what I will not eat with you, Rebbi Meїr forbids. If somebody says to another person, a qônām that my mouth speaks with you, that my hand works with you, that my foot goes with you, he is forbidden.

HALAKHAH: “If somebody says sacrifice, elevation offering, or flour offering,” etc. Everybody agrees this sacrifice is permitted, like a sacrifice is forbidden. Where do they disagree? Sacrifice. Rebbi Jehudah says, he who says ‘sacrifice’ is as if he said ‘this sacrifice’ and is permitted; but the rabbis say, he who says ‘sacrifice’ is as if he said ‘like a sacrifice’ and is forbidden. Rebbi Jehudah said to them: Do you not agree that one who said “oath” is like one who said “this oath” and is forbidden? And here he who says ‘sacrifice’ is as if he said ‘this sacrifice’ and is permitted! But the rabbis throw restrictions on it. One who said “oath” is like one who said “this oath” and is forbidden. But here, he who says ‘sacrifice’ is as if he said ‘like a sacrifice’ and is forbidden.

HALAKHAH: “If somebody says sacrifice, elevation offering, or flour offering,” etc. Everybody agrees this sacrifice is permitted, like a sacrifice is forbidden. Where do they disagree? Sacrifice. Rebbi Jehudah says, he who says ‘sacrifice’ is as if he said ‘this sacrifice’ and is permitted; but the rabbis say, he who says ‘sacrifice’ is as if he said ‘like a sacrifice’ and is forbidden. Rebbi Jehudah said to them: Do you not agree that one who said “oath” is like one who said “this oath” and is forbidden? And here he who says ‘sacrifice’ is as if he said ‘this sacrifice’ and is permitted! But the rabbis throw restrictions on it. One who said “oath” is like one who said “this oath” and is forbidden. But here, he who says ‘sacrifice’ is as if he said ‘like a sacrifice’ and is forbidden.

HALAKHAH: “If somebody made a vow of ḥerem,” etc. A person made a vow by one of these expressions. He came before Rebbi Meїr who sent him to Rebbi Jehudah and told him, inform him that you came to me and I sent you to him. He came before Rebbi Jehudah who sent him to Rebbi Yose and told him, inform him that you came to Rebbi Meïr who sent you to me and I sent you to him. He came to Rebbi Yose, who told him, if the first one does not permit it, nobody else can permit it to you, for he holds that “if they do question, one punishes them and makes it difficult for them.” He returned before Rebbi Meïr and said to him, since you knew that, why did you not tell me from the start? He said to him, I saw you flippant and made it difficult for you.

HALAKHAH: “If somebody made a vow of ḥerem,” etc. A person made a vow by one of these expressions. He came before Rebbi Meїr who sent him to Rebbi Jehudah and told him, inform him that you came to me and I sent you to him. He came before Rebbi Jehudah who sent him to Rebbi Yose and told him, inform him that you came to Rebbi Meïr who sent you to me and I sent you to him. He came to Rebbi Yose, who told him, if the first one does not permit it, nobody else can permit it to you, for he holds that “if they do question, one punishes them and makes it difficult for them.” He returned before Rebbi Meïr and said to him, since you knew that, why did you not tell me from the start? He said to him, I saw you flippant and made it difficult for you.

HALAKHAH: “Four kinds of vows did the Sages dissolve,” etc. Do not the Sages permit all kinds of vows? It is written: “Moses spoke to the heads of the tribes.” He referred the paragraph to the heads of the tribes that they should dissolve the people’s vows. Rav Jehudah in the name of Samuel: “He shall not profane his word.” He cannot profane his word; this implies that others can profane his words. Who is that? That is the Sage who dissolves the vow. Ḥananiah the nephew of Rebbi Joshua said, “I swore and I shall keep it.” Sometimes I keep it. Rebbi Joshua said, “What I swore in my rage:” In my rage I swore; I change my mind.

So is the Mishnah: “Any vow which I make in the future shall be void, [it is void] if he remembers at the moment he makes the vow,” if he did not stipulate a reservation. But if he stipulated a reservation, then even if he does not remember. That is for vows; but for oaths? There are reservations for vows, there are no reservations for oaths, as it was stated about oaths imposed by judges: “According to our understanding, not according to your understanding.” Rebbi Jehudah said, he makes him swear according to his understanding. Why does he stipulate with him? Because of the uneducated, lest they say that there may be mental reservations for oaths.

Did not the snake of king Sapor swallow camels and carts? When they wanted to kill it, they filled camel bags with straw and put glowing coals inside; it swallowed them and died. Rebbi Jehudah bar Pazi said, I saw a snake skin which filled the space between two columns. Rebbi Samuel bar Jacob said, I saw a snake skin which covered the genii of government. Samuel said, square. Could you say it was not square, why must it be large? Even if it was small! Rebbi Mattaniah said, it is the way of this Tanna to speak only about large things. You should know that it is so, for we have stated: “A flying camel”. Could he not have stated “a flying rat”?

A vain oath, if one swears to change what is known to men; a false oath if he swears and changes. What is vain and what is false? Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: If it is known to two persons, that is a false oath, to three, it is vain. Rebbi Hila in the name of Rebbi Eleazar: If it is known to two persons and another one at the end of the earth knows about it, that is a vain oath. What is the difference between them? If he was untrue before two [persons], threw it into the sea, and they had warned him because of a vain oath, in the opinion of Rebbi Joḥanan he is not whipped, in the opinion of Rebbi Eleazar he is whipped. If they had warned him because of a false oath, in the opinion of Rebbi Joḥanan he is whipped, in the opinion of Rebbi Eleazar he is not whipped. Rebbi Abba in the name of Rav Jehudah: Even an egg and a pearl. What means even? But, for example an egg and a pearl.

HALAKHAH: “One makes a vow to assessors and to people who condemn property,” etc. To assessors in time of indiction; to condemners in times of expropriations. Rebbi Jehudah ben Pazi stated in the name of Rebbi Joḥanan: If it was a dangerous situation, it is permitted. Rebbi Aḥa, Rebbi Ḥinena in the name of Rebbi Joḥanan: If it was civilized, it is forbidden. It was stated: One hangs on Gentiles and government but not on Jews, because the strong-armed will fall and he should not risk that the prior [obligations] fall on him.

Because Moses was lazy for circumcision, the angel tried to kill kim. That is what is written: “The Eternal met him and wanted to kill him.” Rebbi Yose said, far be the thought that Moses was lazy for circumcision but he argued on his own: To perform circumcision and leave would be dangerous. To wait, the Holy One, praise to Him, told him: “Go, return to Egypt.” But because he was lazy in preparing for the overnight stay before circumcision; that is what is written: “It was on the way, at the overnight stay.” Rabban Simeon ben Gamliel said, far be the thought that the angel wanted to kill Moses; it was the baby. Come and see, who is called ḥātān? Moses or the baby? There are Tannaïm who state that Moses is called ḥātān. There are Tannaïm who state that the baby is called ḥātān. He who said that Moses is called ḥātān: Ḥātān, blood is required from you. And he said that the baby is called ḥātān: Ḥātān, in blood you are preserved for me. “Ṣippora took a flintstone and cut her son’s prepuce and touched his feet.” Rebbi Jehudah, Rebbi Neḥemiah, and the rabbis. One said, Moses’s feet. Another said, the angel’s feet. Another said, the baby’s feet. He who said Moses’s feet: Here I cut your obligation for you. He who said, the angel’s feet: Here your mission was accomplished. He who said the baby’s feet, she touched the baby’s body. “He left off from him; then she said, a blood ḥātān for circumcisions.” From here that there are two circumcisions; one for baring the gland and one for the fibers.

MISHNAH: If somebody is forbidden by a vow any profit from another person and that one comes to make a visit, he may stand but not sit down. He heals him in the sense of personal healing but not in the sense of financial healing, and may bathe with him in a large pool but not in a small one, and he may sleep with him on the same couch. Rebbi Jehudah says, in summer but not in the rainy season because he would profit. He can lie with him [at a dinner] on the same couch and eat with him at one table but not from the same pot. But he may eat with him from a returning pot.

It turns out that one disagreement is like an other other disagreement, as it was stated: On the Day of Atonement, one has to detail one’s deeds, the words of Rebbi Jehudah ben Bathyra. Rebbi Aqiba says, one does not have to detail the sin. Some Tannïm state, one has to detail the vow; some Tannïm state, one does not have to detail the vow. A person made a vow not to earn money. He came before Rebbi Yudan bar Shalom. He asked him, what did you forswear to yourself? He said to him, not to earn money. Rebbi Yudan said to him, is there anyone doing that? He said to him, as a gambler. He said, praise to Him Who chose the Torah and the Sages who said, one has to detail the vow.

MISHNAH: What are the institutions of the returnees from Babylonia? For example, the Temple Mount, the courtyards, and the cistern in the middle of the road. What are the institutions of that town? For example, the town square, the bathhouse, the synagogue with the ark and the scrolls. And he writes his part to the Patriarch. Rebbi Jehudah says, one of them writes to the Patriarch and the other to a private person. What is the difference between him who writes to the Patriarch and him who writes to a private person? The one who writes to the Patriarch does not have to perform an act of delivery, the one who writes to a private person has to perform an act of delivery. But the Sages say, in either case one has to perform an act of delivery. Rebbi Jehudah says, the people of Galilee do not have to write since their forefathers already wrote for them.

MISHNAH: What are the institutions of the returnees from Babylonia? For example, the Temple Mount, the courtyards, and the cistern in the middle of the road. What are the institutions of that town? For example, the town square, the bathhouse, the synagogue with the ark and the scrolls. And he writes his part to the Patriarch. Rebbi Jehudah says, one of them writes to the Patriarch and the other to a private person. What is the difference between him who writes to the Patriarch and him who writes to a private person? The one who writes to the Patriarch does not have to perform an act of delivery, the one who writes to a private person has to perform an act of delivery. But the Sages say, in either case one has to perform an act of delivery. Rebbi Jehudah says, the people of Galilee do not have to write since their forefathers already wrote for them.

“Rebbi Jehudah says, even if only one signs over his part to the Patriarch,” etc. So is the Mishnah: One of them has to sign over his part to the Patriarch.

May one who made a vow not to have anything cooked be permitted smoked? May he be permitted fried? May he be permitted anything cooked in the hot springs of Tiberias? The rabbis of Caesarea asked: Is anything smoked forbidden because of Gentile cooking? Is it forbidden because of cooking on the Sabbath? Is it forbidden because of meat and milk? Does it cause ṭevel for tithes? If somebody made a vow not to have anything smoked, is he permitted cooked? Rebbi Abba, Rav Jehudah in the name of the House of Rav Assi: Ḥabiṣ is unproblematic as Gentile cooking and is acceptable as eruv tavšīlīn. Rebbi Yose ben Rebbi Abun in the name of Rav Huna: Anything which can be eaten raw is unproblematic as Gentile cooking and is acceptable as eruv tavšīlīn.

MISHNAH: If somebody makes a vow to forbid himself anything made in a pot, he is forbidden only what is made in its heat. If he said, a qônām that I shall not taste anything going into the pot, he is forbidden anything that may be cooked in any pot. ‘From the pickled’, he is forbidden only pickled vegetables. ‘That I shall not taste anything pickled’, he is forbidden everything pickled. ‘From the scalded’ he is forbidden only scalded meat, the words of Rebbi Jehudah. ‘That I shall not taste anything scalded’, he is forbidden everything scalded. ‘From the roast’ he is forbidden only roasted meat, the words of Rebbi Jehudah. ‘That I shall not taste anything roasted’, he is forbidden everything roasted.

MISHNAH: If somebody makes a vow to forbid himself anything made in a pot, he is forbidden only what is made in its heat. If he said, a qônām that I shall not taste anything going into the pot, he is forbidden anything that may be cooked in any pot. ‘From the pickled’, he is forbidden only pickled vegetables. ‘That I shall not taste anything pickled’, he is forbidden everything pickled. ‘From the scalded’ he is forbidden only scalded meat, the words of Rebbi Jehudah. ‘That I shall not taste anything scalded’, he is forbidden everything scalded. ‘From the roast’ he is forbidden only roasted meat, the words of Rebbi Jehudah. ‘That I shall not taste anything roasted’, he is forbidden everything roasted.

MISHNAH: If somebody vows not to eat meat, he is permitted clear bouillon and coagulated fibers, but Rebbi Jehudah forbids. Rebbi Jehudah said, it happened that Rebbi Ṭarphon forbade to me eggs that were cooked in it. They said to him, that is correct; when? If he would say, that piece of meat [is forbidden] to me. In truth, if somebody forbids himself something by a vow and it became mixed with something else, if it can be tasted it is forbidden If somebody vows not to drink wine he is permitted a dish prepared with wine. If he said, a qônām that I shall not taste this wine, if it fell into a dish and it can be tasted, that is forbidden.

MISHNAH: If somebody vows not to eat meat, he is permitted clear bouillon and coagulated fibers, but Rebbi Jehudah forbids. Rebbi Jehudah said, it happened that Rebbi Ṭarphon forbade to me eggs that were cooked in it. They said to him, that is correct; when? If he would say, that piece of meat [is forbidden] to me. In truth, if somebody forbids himself something by a vow and it became mixed with something else, if it can be tasted it is forbidden If somebody vows not to drink wine he is permitted a dish prepared with wine. If he said, a qônām that I shall not taste this wine, if it fell into a dish and it can be tasted, that is forbidden.

MISHNAH: If somebody vows not to eat dates, he is permitted date honey; from winter grapes, he is permitted winter grape vinegar. Rebbi Jehudah ben Bathyra says, if he vowed to forbid to himself anything which is called by the name of its derivative, he also is forbidden the derivative, but the Sages permit it.

HALAKHAH: “If somebody vows not to eat dates,” etc. What is the reason of Rebbi Yose? The name of its father is called over it. What is the reason of Rebbi Jehudah ben Bathyra? The name of its descendant is called over it. It is reasonable that Rebbi Jehudah ben Bathyra should agree with Rebbi Yose but Rebbi Yose would not agree with Rebbi Jehudah ben Bathyra. Rebbi Jehudah ben Bathyra should agree with Rebbi Yose: The name of its descendant, so certainly also the name of its father. Rebbi Yose would not agree with Rebbi Jehudah ben Bathyra: He says only, the name of its father. This implies: not the name of its descendant.

HALAKHAH: “If somebody vows not to eat dates,” etc. What is the reason of Rebbi Yose? The name of its father is called over it. What is the reason of Rebbi Jehudah ben Bathyra? The name of its descendant is called over it. It is reasonable that Rebbi Jehudah ben Bathyra should agree with Rebbi Yose but Rebbi Yose would not agree with Rebbi Jehudah ben Bathyra. Rebbi Jehudah ben Bathyra should agree with Rebbi Yose: The name of its descendant, so certainly also the name of its father. Rebbi Yose would not agree with Rebbi Jehudah ben Bathyra: He says only, the name of its father. This implies: not the name of its descendant.

HALAKHAH: “If somebody vows not to eat dates,” etc. What is the reason of Rebbi Yose? The name of its father is called over it. What is the reason of Rebbi Jehudah ben Bathyra? The name of its descendant is called over it. It is reasonable that Rebbi Jehudah ben Bathyra should agree with Rebbi Yose but Rebbi Yose would not agree with Rebbi Jehudah ben Bathyra. Rebbi Jehudah ben Bathyra should agree with Rebbi Yose: The name of its descendant, so certainly also the name of its father. Rebbi Yose would not agree with Rebbi Jehudah ben Bathyra: He says only, the name of its father. This implies: not the name of its descendant.

HALAKHAH: “If somebody vows not to eat dates,” etc. What is the reason of Rebbi Yose? The name of its father is called over it. What is the reason of Rebbi Jehudah ben Bathyra? The name of its descendant is called over it. It is reasonable that Rebbi Jehudah ben Bathyra should agree with Rebbi Yose but Rebbi Yose would not agree with Rebbi Jehudah ben Bathyra. Rebbi Jehudah ben Bathyra should agree with Rebbi Yose: The name of its descendant, so certainly also the name of its father. Rebbi Yose would not agree with Rebbi Jehudah ben Bathyra: He says only, the name of its father. This implies: not the name of its descendant.

HALAKHAH: “If somebody vows not to eat dates,” etc. What is the reason of Rebbi Yose? The name of its father is called over it. What is the reason of Rebbi Jehudah ben Bathyra? The name of its descendant is called over it. It is reasonable that Rebbi Jehudah ben Bathyra should agree with Rebbi Yose but Rebbi Yose would not agree with Rebbi Jehudah ben Bathyra. Rebbi Jehudah ben Bathyra should agree with Rebbi Yose: The name of its descendant, so certainly also the name of its father. Rebbi Yose would not agree with Rebbi Jehudah ben Bathyra: He says only, the name of its father. This implies: not the name of its descendant.

It was stated: “One does not intercalate for a year because of impurity; Rebbi Jehudah says, one does, since we find that Hezekia intercalated because of impurity, as it was said: ‘For most of the people, etc.’ Rebbi Simeon said, even though they intercalated in Nisan, only Adar was intercalated. Rebbi Simeon ben Jehudah said in the name of Rebbi Simeon, Hezekia forced the multitude to celebrate the Second Passover.” Some Tannaïm state: One intercalates for the year because of impurity. Some Tannaïm state: One does not intercalate. He who says, one does not intercalate, from the following: “For they ate the pesaḥ not as it was written.” How does the one who says one does intercalate, explain “for they ate the pesaḥ”? They intercalated in Nisan but only Adar was intercalated. This follows what Rebbi Simon bar Zavdi said, they found the skull of Oman the Jebusite under the altar.

It was stated: “One does not intercalate for a year because of impurity; Rebbi Jehudah says, one does, since we find that Hezekia intercalated because of impurity, as it was said: ‘For most of the people, etc.’ Rebbi Simeon said, even though they intercalated in Nisan, only Adar was intercalated. Rebbi Simeon ben Jehudah said in the name of Rebbi Simeon, Hezekia forced the multitude to celebrate the Second Passover.” Some Tannaïm state: One intercalates for the year because of impurity. Some Tannaïm state: One does not intercalate. He who says, one does not intercalate, from the following: “For they ate the pesaḥ not as it was written.” How does the one who says one does intercalate, explain “for they ate the pesaḥ”? They intercalated in Nisan but only Adar was intercalated. This follows what Rebbi Simon bar Zavdi said, they found the skull of Oman the Jebusite under the altar.

Jeremiah intercalated outside the Land. Ezechiel intercalated outside the Land. Baruch intercalated outside the Land. Ḥanania the nephew of Rebbi Joshua intercalated outside the Land. Rebbi sent him three letters through Rebbi Isaac and Rebbi Nathan. In one he wrote, to His holiness Ḥanania. And in one he wrote, the kid goats you left behind became rams. And in one he wrote, if you do not accept, go to the thistle desert, do slaughter and let Onias sprinkle. After the first [letter], he honored them. After the second, he honored them. After the third, he wanted to disgrace them. They said to him, you cannot do that since you already did honor us. Rebbi Isaac rose and quoted, it is written in the Torah: These are the holidays of Ḥanania the nephew of Rebbi Joshua. They said to him, “the holdays of the Eternal”. He said to them, that is with us. Rebbi Nathan rose and finished: “For from Babylonia will go Torah forth and the Eternal’s word from Nahar-Peqod.” They said to him, “for from Zion will Torah go forth and the Eternal’s word from Jerusalem”. He said to them, that is with us. He went to complain about them to Rebbi Jehudah ben Bathyra at Nisibis. He said to him, follow them, follow them. He said to him, I do not know whom I left there. Who would tell me that they are wise to the computations as I am? If he had said, they are not wise, they should listen to him. Since they are wise to the computations as he is, he has to listen to them. He got up and rode on a horse. Where he reached, he reached. Where he did not reach, they continued following the corrupt [calendar].

MISHNAH: ‘That I shall not taste wheat or wheats: he is forbidden both flour and bread. ‘That I shall not taste groat or groats: he is forbidden both raw and cooked. Rebbi Jehudah says, ‘a qônām that I shall not taste groat or wheat’, he is permitted to chew them raw.

HALAKHAH: ‘That I shall not taste groat or groats, etc. It was stated: “Rebbi Jehudah says, ‘a qônām that I shall not taste a groat kernel,’ he is forbidden to chew and permitted soup. ‘That I shall not taste groats,’ he is forbidden soup and permitted to chew. ‘That I shall not taste a wheat kernel,’ he is forbidden to chew and permitted bread. ‘That I shall not taste wheats,’ he is forbidden bread and permitted to chew.

Everybody agrees that a person who vows to forbid gourd to himself is permitted vegetables, as it was stated: A person who makes a vow to abstain from a main object is forbidden the peripherals; if he vows from the peripherals, he is permitted the main object. One who vows to abstain from meat is forbidden sinews, he who vows to abstain from sinews is permitted meat. Where do they disagree? About Egyptian gourd. But everybody agrees that Greek gourds are vegetables. Rebbi Crispus in the name of Rebbi Joḥanan: All sorts of gourd and cabbage which we eat are Greek gourds. Rebbi Jehudah bar Ṣeradia says, qarmals are vegetables. Rebbi Jonah and Rebbi Yose asked, are qarmals subject to tithes? Bar Qappara stated, qarmals are free from tithes. That is, as long as they did not form gourds; but when they formed gourds they are like vegetables. Rebbi Yose instructed that it is forbidden to sip water from colocasia leaves because they are food for deer.

MISHNAH: One who made a vow to abstain from garments is permitted sack-cloth, carpets, and goat’s hair cloth. If he said, a qônām that wool shall not come onto me, he is permitted to cover himself with shorn wool; that linen should not come upon me, he is permitted to cover himself with linen fibers. Rebbi Jehudah says, everything refers to the vow. If he was carrying and sweating and smelling badly, when he said, a qônām that no wool or flax should be on me, he is permitted to wear but forbidden to carry on his back.

MISHNAH: ‘Until the rains, until there be rain,’ until the second rainy spell; Rabban Simeon ben Gamliel said, until the time of the second rainy spell. ‘Until the rains stop’, until the end of the Month of Nisan, the words of Rebbi Meїr; Rebbi Jehudah says, until after Passover.

“A qônām wine,” etc. Rebbi Meїr follows his opinion and Rebbi Jehudah follows his opinion, as we have stated there: “Until when does one pray for rain? Rebbi Jehudah says, until after Passover; Rebbi Meїr says until the end of the Month of Nisan.”

“A qônām wine,” etc. Rebbi Meїr follows his opinion and Rebbi Jehudah follows his opinion, as we have stated there: “Until when does one pray for rain? Rebbi Jehudah says, until after Passover; Rebbi Meїr says until the end of the Month of Nisan.”