judan

It has been stated: One may take a minor and a Torah scroll as appendix. Rebbi Judan said: So is the baraita: One may take a minor as appendix for the purpose of Torah reading.

Rebbi Judan said in his own name: Flesh and blood has a protector. If someone is in trouble, he does not enter the protector’s place suddenly but rather stands at his door and calls his slave or familiar and that one will say: the man X is standing at the door of your courtyard. Maybe he will make him enter, maybe he will let him stand. But the Holy One, praise to Him, is not like this: If a human is in trouble, he should cry neither to Michael nor to Gabriel, rather he should cry to Me and I shall answer him immediately; that is what is written (Joel 3:5): “Every one who calls on the name of the Eternal will escape.”

If he reserved slaves, about that R. Judan bar Pazi from Bar Delaiah stated something, but we do not know what he stated.

Rebbi Eleazar said, the same is valid for an eruv. Rebbi Ḥinena said, this is for wine, but oil for an eruv must be enough for two meals. It was stated: One may use for eruv vinegar enough for two meals. It was stated: One may use for eruv oil enough for two meals. Rebbi Jeremiah in the name of Rebbi Samuel bar Rav Isaac: For dipping in it bundled vegetables for two meals. Rebbi Isaac Aṭoshaya said before Rebbi Zeïra in the name of the House of Rebbi Yannai: One may use for eruv raw peas enough for two meals. For whom is this statement necessary? For Rebbi Meïr, that one should not say because they produce bad mouth odor one may not use them for eruv. One may use salted fish for eruv. One may use salted meat for eruv. Fresh meat, as we have stated: The Babylonians eat it raw because their taste is strange. Rebbi Judan asked: May one use χαλκίς for eruv since the Samaritans eat it raw? Samuel bar Shilat in the name of Rav: One may use for eruv pa‘apu‘in,gudganiot, and ḥaluglugot. They asked him: what are these? He said to them, καυκαλίς, melilot, and purslain.

Rebbi Ḥalaphta ben Shaul stated: One may redeem demay in the bathhouse since it does not need a benediction. Hence, if the produce is certain it needs a benediction. Rebbi Mana asked before Rebbi Judan, what does he recite? If it was produce, “on the redemption of Second Tithe,” if it was money, “on turning Second Tithe profane.”

It was stated: “A Gentile who was calling out, ‘come and buy fruits from me, they are from an orlah tree, they are from a vineyard in its fourth year,’ cannot be believed. If he says, ‘I brought them from a certain Gentile,’ he may be trusted for restrictions, the words of Rebbi. The Sages say, the words of a Gentile are irrelevant.” Rebbi Judan asked, what if he calls out when he is uninformed? Rebbi Judan asked, what if one holds that a Samaritan is like a Gentile, since they disagreed: “A Samaritan is like a Gentile, the words of Rebbi. Rabban Simeon ben Gamliel says, a Samaritan is like a Jew in all respects”?

It was stated: “A Gentile who was calling out, ‘come and buy fruits from me, they are from an orlah tree, they are from a vineyard in its fourth year,’ cannot be believed. If he says, ‘I brought them from a certain Gentile,’ he may be trusted for restrictions, the words of Rebbi. The Sages say, the words of a Gentile are irrelevant.” Rebbi Judan asked, what if he calls out when he is uninformed? Rebbi Judan asked, what if one holds that a Samaritan is like a Gentile, since they disagreed: “A Samaritan is like a Gentile, the words of Rebbi. Rabban Simeon ben Gamliel says, a Samaritan is like a Jew in all respects”?

It was stated in the name of Rebbi Eleazar: “The Gentile may sow and wear kilaim, but he may not mate his animals as kilaim or graft his tree kilaim.” Why? Because about these, it is written “by their kinds.” But is it not also written for grasses “by their kinds?” It is not written for the commandment, only at the realization. If this is so, why was Earth cursed? Rebbi Judan bar Shalom said, because it transgressed the orders of the Holy One, praise to Him! (Gen. 1:11) “The earth should produce lawns, grasses producing seed,” but it produced only (Gen. 1:12) “lawns, grasses producing seed by their kinds.” Rebbi Phineas said, it enjoyed the commandment and added shade trees. In the opinion of Rebbi Yudan bar Shalom, Earth was justly cursed. In the opinion of Rebbi Phineas, why was Earth cursed? Like a man who said: The breastnipples should be cursed that this one suckled from. This follows Rebbi Nathan: Three stood in judgment and four went out cursed, (Gen. 3:17) “Earth is cursed because of you.”

Rebbi Judan asked: Do dry land and length add together? How is that? If there was space ten and a half cubits long and six hand-breadths wide, one does not have to have dry land. If dry land was added on both sides, one may sow close on both sides.

Rebbi Judan said: Rebbi Ḥiyya bar Abba and Rebbi Samuel bar Rav Isaac disagree. One says, even three in a width of six, the other said, one on one side, the other on the other side, and the third in the middle. We do not know who said what. Since Rebbi Yose said, Rebbi Ḥiyya in the name of Rebbi Joḥanan, only if there is no dry patch, that means that Rebbi Samuel bar Rav Isaac said: One on one side, the other on the other side, and the third in the middle. If the sides were more than the dry patch, it is permitted.

Rebbi Abun bar Ḥiyya in the name of Rebbi Samuel bar Rav Isaac asked: Does the border wall save vegetables from melons? If the border wall does not save different kinds of grains that are saved by 10.5 cubits, does this not apply a fortiori to melons that are saved only by twelve cubits? Does planting melon save on top of the border wall? If different kinds of grains that are saved by 10.5 cubits are not saved on top of the border wall, does this not apply a fortiori to melons that are saved by eight cubits? Rebbi Judan, the father of Rebbi Mattaniah, said, is that a reasoning a fortiori? It must be as follows: If different kinds of grains that are saved by 12.5 cubits are not saved on top of the border wall, does this not apply a fortiori to melons that are saved only by twelve cubits?

Rebbi Judan asked: What if he made a fence inside a fence? He said, if there are three hand-breadths one may sow there, otherwise one may not sow there. Rebbi Jacob bar Idi in the name of Rebbi Simeon ben Laqish: If there was a place of twelve cubits there, the circumference would be eliminated. Rebbi Ḥizqiah said, only if it is twelve by twelve. Rebbi Mana said, even if it continuously narrows.

Rebbi Zeïra, Rebbi Eudaimon of Haifa, in the name of Rebbi Simeon ben Laqish: In height even one hundred cubits. Rebbi Judan said, that is, for kilaim, but as regards the Sabbath, a symbolic fence should not be better than a beam. Rebbi Yose said, it is the same for kilaim and Sabbath. According to Rebbi Yose, what is the difference between a beam and a symbolic fence? A symbolic fence does not save from one side unless it is used to close all four sides; a beam saves in one direction. This may be compared to what Rebbi Zeïra said in the name of Rav Hamnuna: A symbolic fence does not save unless it seals all four sides.

Rebbi Yose in the name of Rebbi Joḥanan: It turns out that the statement of Rebbi Eliezer ben Jacob is like that of the House of Shammai. Just as the House of Shammai say that one row constitutes a vineyard, so Rebbi Eliezer ben Jacob says that one row constitutes a vineyard. What do you want to say? A large vineyard is forbidden by eight, a small vineyard is forbidden by eight! Rebbi Judan did not say so but taught that eight cubits is forbidden, eight cubits plus any length is permitted. Some want to state: “But if someone newly planted sixteen by sixteen, it would be permitted with eight cubits.” Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan: It turns out that the statement of Rebbi Eliezer ben Jacob is like that of the House of Shammai. Just as the House of Shammai are more restrictive when it is dried up than when it is planted, so Rebbi Eliezer ben Jacob is more restrictive when it is dried up than when it is planted.

Rebbi Abba Bar Zemina in the name of Rebbi Isaac: Because of these two things did R. Joḥanan descend from Sepphoris to Tiberias. He said, you brought this old judge who forbids what I permit and permits what I forbid! Rebbi Abba said, there came a case before Rebbi Assi and he wanted to act following Rebbi Joḥanan but when he heard that Rav and Rebbi Ḥanina disagreed he refrained. Because they disagree: May the remainders of a wick, a fire, or oil that burned out on the Sabbath be lit on the holiday? Rav and Rebbi Ḥanina both say it is forbidden, but Rebbi Joḥanan says, it is permitted. Rebbi Judan said before Rebbi Mana, is it the reverse regarding an egg? He said to him, since the rabbis compare it, it means that the cases are identical.

They said in the name of four elders: If somebody’s eruv was eaten on the first [day] he is like the people of his town on the second [day]. Rav Huna in the name of Rav: Practice follows the four elders. Rav Ḥisda asked: The arguments of Rav seem to be inverted. There, he makes it two sanctities, but here he makes it one sanctity. Because they disagree: May the remainders of a wick, a fire, or oil that burned out on the Sabbath be lit on the holiday? Rav and Rebbi Ḥanina both say it is forbidden, but Rebbi Joḥanan says it is permitted. Rebbi Mana said before Rebbi Judan, are the rules different for a wick and an egg? He said to him, since the rabbis compare it, it means that the cases are identical.

According to Rebbi Simeon ben Laqish, what is between these Tannaïm and those rabbis? Rebbi Judan said, Rebbi Simeon ben Laqish [is the one] who said following Rebbi Meïr, who said he is flogged and pays. Rebbi Ḥananiah said, he who puts fire to the grain stack of his neighbor on a holiday is between them. These Tannaïm think, since there is no extirpation, he pays. Those rabbis think, since there is flogging he does not pay. But then “these are the girls” cannot follow the rabbis! Rebbi Mattaniah said, he who sleeps with a bastard girl is between them.

Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: It happened that a family in the South was in bad reputation. Rebbi sent Romanus to investigate them. He investigated and found that a grandmother had been converted at less than three years and a day of age, and he declared them fit for the priesthood. Rav Hoshaia said, he declared them fit following Rebbi Simeon. Rebbi Zeïra said, here it is everybody’s opinion since Rebbi Zeïra said in the name of Rav Ada bar Ahava, Rebbi Judan brings it in the name of Rebbi Abbahu in the name of Rebbi Joḥanan: The child of an adult is fit since it is a prohibition deduced from a positive commandment. (Lev. 21:13) “But he shall take a wife in her virginity.” Any prohibition deduced from a positive commandment is a positive commandment. Analogously, (Lev. 21:14) “only a virgin from amidst his people he shall take as wife,” not a proselyte. Is any prohibition deduced from a positive commandment a positive commandment? Rebbi Hoshaia objected: But the second generation of an Egyptian is a prohibition deduced from a positive commandment! Rebbi Hoshaia turned around and said, a positive commandment for Israel cannot be compared to a positive commandment for Cohanim. A positive commandment for Israel implies a prohibition for everybody. A positive commandment for Cohanim implies a prohibition for Cohanim but a permission for Levites and Israel.

Rebbi Zeˋira, Rebbi Eudaimon of Haifa, in the name of Rebbi Simeon ben Laqish: In height even one hundred cubits. Rebbi Judan said, that is, for kilaim, but as regards the Sabbath, a symbolic fence should not be better than a beam. Rebbi Yose said (in the name of Rebbi), it is the same for kilaim and Sabbath. According to Rebbi [Yose], what is the difference between a beam and a symbolic fence? A beam saves in one direction; a symbolic fence does not save from one side unless it is used to close all four sides;. This follows what Rebbi Zeˋira said in the name of Rav Hamnuna: A symbolic fence does not save unless it seals all four sides.

Rebbi Ze`ira, Rebbi Eudaimon of Haifa in the name of Rebbi Simeon ben Laqish: In height even one hundred cubits. Rebbi Judan said, that is, for kilaim, but as regards (Peah), a symbolic fence should not be better than a beam. Rebbi Yose said, it is the same for kilaim and Sabbath. According to Rebbi Yose, what is the difference between a beam and a symbolic fence? A beam saves in one direction; a symbolic fence does not save from one side unless it is used to close all four sides;. This follows what Rebbi Ze`ira said in the name of Rav Hamnuna: A symbolic fence does not save unless it seals all four sides.

According to Rebbi Simeon ben Laqish, what is between these Tannaim and those rabbis? Prohibitions without extirpation. Rebbi Judan said, he who sleeps with a bastard girl is between them. Rebbi Ḥananiah said, he who puts fire to the grain stack of his neighbor on a holiday is between them. These Tannaim think, since there is no extirpation, he pays. Those rabbis think, since there is flogging he does not pay. But then “these are the adolescent girls who can claim a fine” cannot follow the rabbis! Rebbi Mattaniah said, explain it according to everybody if it refers to a bastard male who sleeps with a bastard girl But is his brother’s wife not his sister-in-law? Explain it that the man’s brother had children and had performed the preliminary wedding with a woman when he died and his brother came and raped her.

“If he was under age, his father or teacher do it in his stead.” But was it not stated, a minor may not spread out the Shema`? Rebbi Judan said, here if he grew two pubic hairs, there if he did not grow two pubic hairs.

Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: It happened that a family in Rhodes was in bad reputation. Rebbi sent Rebbi Romanus to investigate them. He investigated and found that a grandmother had been converted at less than three years and a day of age, and he declared them fit for the priesthood. Rav Hoshaia said, he declared them fit following Rebbi Simeon. Rebbi Zeїra said, here it is everybody’s opinion since Rebbi Zeїra said in the name of Rav Ada bar Ahava, Rebbi Judan brings it in the name of Rebbi Abbahu in the name of Rebbi Joḥanan: The child of an adult is fit since it is a prohibition deduced from a positive commandment. (Lev. 21:13) “But he shall take a wife in her virginity,” which is a prohibition deduced from a positive commandment. Similarly, (Lev. 21:14) “only a virgin from among his people he shall take as wife,” not a proselyte. Any prohibition deduced from a positive commandment is a positive commandment. Rebbi Hoshaia objected: But the second generation of an Egyptian is under a prohibition deduced from a positive commandment! Rebbi Hoshaia turned around and said, a positive commandment for an Israel cannot be compared to a positive commandment for Cohanim. A positive commandment for an Israel implies a prohibition for everybody. A positive commandment for Cohanim implies a prohibition for Cohanim but a permission for Levites and Israel.

Just as the woman accused of infidelity is forbidden to her husband, so she is forbidden to her paramour. Just as she is forbidden to her husband’s brother, so she is forbidden to her paramour’s brother. I might think that just as the co-wife of a woman accused of infidelity is forbidden to her husband’s brother, so she should be forbidden to her paramour’s brother. Let us hear from the following: “A woman’s husband went overseas; they came and told her that her husband had died, and she had a levir here; he married her in levirate and died. Then her husband returned. She is forbidden to him but her co-widow is permitted to him; she is forbidden to him but his brother’s wife is permitted to him.” Is his brother’s wife not like the co-wife of a woman accused of infidelity? That means that the co-wife of a woman accused of infidelity is permitted to her paramour’s brother. Rebbi Judan said, this follows the rabbis there, as Rebbi Hila said, one states there, for incestuous relationships no divorce is needed except for a married woman; Rebbi Aqiba says also from his wife’s sister and his brother’s wife (not like the co-wife of a woman accused of infidelity? That implies that the co-wife of a woman accused of infidelity is permitted to her paramour’s brother.) But following the rabbis here? Rebbi Ḥiyya said in the name of Rebbi Joḥanan, everybody agrees that his brother’s wife needs a bill of divorce from him because of the rule of a married wife. He married a person forbidden by the incest rules, and an incest-prohibited woman frees her co-wife. Rebbi Ḥananiah said, it is accepted even according to the rabbis here. They fined her but not her heirs. Rebbi Ḥananiah, the son of Rebbi Hillel, said, according to the rabbis there, she should be permitted to him. Rebbi Ze‘ira in the name of Rebbi Joḥanan, the co-wife of a woman accused of infidelity is forbidden, the co-wife of a divorcee is permitted. Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: All co-wives are permitted except the co-wife of a woman accused of infidelity. Samuel said, the divorcee herself is permitted in her house. Does he disagree? Since they were discussing co-wives they did not mention divorcees. Why is the co-wife of a woman accused of infidelity forbidden? Rebbi Joḥanan said, they touched this case because it looks like adultery. Rav said, because impurity is written there parallel to incest prohibitions.

“If he injured both of them at the same time or cursed them at the same time, he is guilty. Rebbi Jehudah frees him.” Rebbi Joḥanan asked: Is not the argument of Rebbi Jehudah inverted? As we have stated there: “If he ate the volume of an olive of one of them and the volume of an olive of the other, he absorbs eighty [lashes]; Rebbi Jehudah says, he absorbs only forty [lashes].” Rebbi Crispus said, it is not inverted. There, it was in doubt what is forbidden. Here, it was certain but it became doubtful for him. Rebbi Judan asked: If it is so, in case carcass meat was mixed up with slaughtered meat, since it was certain but became doubtful for him, should he be free if he ate it? Rebbi Yose said, Rebbi Jehudah agrees for all other prohibitions that he is (free). But here, Rebbi Jehudah is interpreting verses: “His father,” certain but not uncertain, “his mother”, certain but not uncertain.

Just as the woman accused of infidelity is forbidden to her husband, so she is forbidden to her paramour. Just as she is forbidden to her husband’s brother, so she is forbidden to her paramour’s brother. I might think that just as the co-wife of a woman accused of infidelity is forbidden to her husband’s brother, so she should be forbidden to her paramour’s brother. Let us hear from the following: “A woman’s husband went overseas; they came and told her that her husband had died, and she had a levir here; he married her in levirate and died. Then her husband returned. She is forbidden to him but her co-widow is permitted to him; she is forbidden to him but his brother’s wife is permitted to him.” Is his brother’s wife not like the co-wife of a woman accused of infidelity? That means that the co-wife of a woman accused of infidelity is permitted to her paramour’s brother. Rebbi Judan said, this follows the rabbis there, as Rebbi Hila said, one states there, for incestuous relationships no divorce is needed except for a married woman; Rebbi Aqiba says also from his wife’s sister. But following the rabbis here? Rebbi Ḥiyya in the name of Rebbi Joḥanan: everybody agrees that his brother’s wife needs a bill of divorce from him because of the rule of a married wife. She is forbidden by the incest rules, and an incest-prohibited woman frees her co-wife. Rebbi Ḥinenah said, it is accepted even according to the rabbis here. They fined her but not her heirs. Rebbi Ḥananiah, the son of Rebbi Hillel, said, according to the rabbis there, she should be permitted to him. Rebbi Ze‘ira in the name of Rebbi Joḥanan, the co-wife of a woman accused of infidelity is forbidden, the co-wife of a divorcee is permitted. Rebbi Jacob [bar Aḥa] in the name of Rebbi Joḥanan: All co-wives are permitted except the co-wife of a woman accused of infidelity. Samuel said, the divorcee herself is permitted to her house. Does he disagree? Since they were discussing co-wives they did not mention divorcees. Why is the co-wife of a woman accused of infidelity forbidden? Rebbi Joḥanan said, they touched this case because it looks like adultery. Rav said, because impurity is written there parallel to incest prohibitions.

According to Rebbi Simeon ben Laqish, what is between these Tannaïm and those rabbis? Prohibitions without extirpation. Rebbi Judan said, he who sleeps with a bastard girl is between them. Rebbi Ḥananiah said, he who puts fire to the grain stack of his neighbor on a holiday is between them. These Tannaïm think, since there is no extirpation, he pays. Those rabbis think, since there is flogging he does not pay. But then “these are the adolescent girls who can claim a fine” cannot follow the rabbis! Rebbi Mattaniah said, explain it according to everybody if it refers to a bastard male who sleeps with a bastard girl.

There, we have stated: “He heals him in the sense of personal healing but not in the sense of financial healing.” Rebbi Judan and Rebbi Yose. One of them said, here if the vow refers to his body, there if the vow refers to his property. But the other said, here if he has somebody else who can heal him, there if there is nobody else who can heal him. If he has somebody else who can heal him, he should not be able to heal him personally! Not by everybody is a person successfully healed.

There, we have stated: “He heals him in the sense of personal healing but not in the sense of financial healing.” Rebbi Judan and Rebbi Yose. One of them said, here if the vow refers to his body, there if the vow refers to his property. But the other one said, here if he has somebody else who can heal him, there if there is nobody else who can heal him. If he has somebody else who can heal him, he should not be able to heal him personally! Not by everybody is a person successfully healed.

HALAKHAH: “One who vows not to use a town,” etc. From where that the suburbs of a town are like the town? It is written, “it happened when Joshua was in Jericho.” How could he have been in Jericho? Is it not written that “Jericho was closed and besieged,” and you say so? Rebbi Judan bar Shalom said, he was in a suburb. Rebbi Abun in the name of Rebbi Aḥa: It happened in Jericho.

Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: It happened that a family in the South had a bad reputation. Rebbi sent Romanus to investigate them. He investigated and found that a grandmother had been converted at less than three years and a day of age, and he declared them fit for the priesthood. Rav Hoshaia said, he declared them fit following Rebbi Simeon. Rebbi Ze‘ira said, here it is everybody’s opinion since Rebbi Ze‘ira said in the name of Rav Ada bar Ahava, Rebbi Judan brings it in the name of Rebbi Abbahu in the name of Rebbi Joḥanan: The child of an adult is fit since it is a prohibition deduced from a positive commandment. (Lev. 21:13) “But he shall take a wife in her virginity.” Any prohibition deduced from a positive commandment is a positive commandment. Analogously, (Lev. 21:14) “only a virgin from amidst his people he shall take as wife,” not a proselyte. Is any prohibition deduced from a positive commandment a positive commandment? Rebbi Hoshaia objected: But the second generation of an Egyptian is a prohibition deduced from a positive commandment! Rebbi Hoshaia turned around and said, a positive commandment for Israel cannot be compared to a positive commandment for Cohanim. A positive commandment for Israel implies a prohibition for everybody. A positive commandment for Cohanim implies a prohibition for Cohanim but a permission for Levites and Israel.

A ducenarius honored Rebbi Jehudah the Prince with a plate full of denarii. He took one of them and sent the remainder to him. He asked Rebbi Simeon ben Laqish who said, he shall bring the value to the Dead Sea. But was he not an acquaintance and it was in the past? Rebbi Abbahu said, did not Rabban Gamliel ben Rebbi asked me, may one go to a fair, and I forbade it to him, although it was stated: “one goes to fairs and buys there male and female slaves.” Rebbi Simeon ben Laqish said, not only Jewish slaves but even Gentiles, because he brings them under the wings of the Shekhina. What about this? Rabban Gamliel was a minor personality and Rebbi Abbahu desired to confine him. But Rebbi Judan the Prince was an important person and Rebbi Simeon ben Laqish wanted to limit the matter.