jumped

If a dog or a goat jumped from a roof and broke vessels, [the owner] must pay full damages, since they are attested dangers. A dog that took a cake [while there was a cinder attached] and went to a stack of grain and ate the cake and burned the stack of grain, For the cake [the owner] pays full damages And for the stack of grain [the owner] pays half damages.

How does one tithe animals? He brings them to a shed and makes for them a small opening so that two cannot go out at the same time. And he counts them with a rod: one, two, three, four, five, six, seven, eight, nine. And the one that comes out tenth he marks with red chalk and he says: “Behold, this is [the tithe].” If he did not mark it, or if he did not count them with a rod, or if he counted them while they were crouching or standing, they are still considered tithed. If he had one hundred [lambs] and he took ten or if he had ten and he took one [without counting], this is not [a valid] tithe. Rabbi Yose bar Judah says: this is a [valid] tithe. If one [of the lambs] already counted jumped back into the flock [in the shed] they are all exempt. If one of the lambs that was a tithe jumped back into the flock [in the shed], they all go to pasture until they become unfit for sacrifice, and the owners may eat them in their unfit state.

How does one tithe animals? He brings them to a shed and makes for them a small opening so that two cannot go out at the same time. And he counts them with a rod: one, two, three, four, five, six, seven, eight, nine. And the one that comes out tenth he marks with red chalk and he says: “Behold, this is [the tithe].” If he did not mark it, or if he did not count them with a rod, or if he counted them while they were crouching or standing, they are still considered tithed. If he had one hundred [lambs] and he took ten or if he had ten and he took one [without counting], this is not [a valid] tithe. Rabbi Yose bar Judah says: this is a [valid] tithe. If one [of the lambs] already counted jumped back into the flock [in the shed] they are all exempt. If one of the lambs that was a tithe jumped back into the flock [in the shed], they all go to pasture until they become unfit for sacrifice, and the owners may eat them in their unfit state.

There are seven ways in which a zav is examined as long as he had not become subject to zivah: With regard to food, drink, as [to what] he had carried, whether he had jumped, whether he had been ill, what he had seen, or what he had thought. [It doesn't matter] whether he had thoughts before seeing [a woman], or whether he had seen [a woman] before his thoughts. Rabbi Judah says: even if he had watched beasts, wild animals or birds having intercourse with each other, and even when he had seen a woman's dyed garments. Rabbi Akiva says: even if he had eaten any kind of food, be it good or bad, or had drunk any kind of liquid. They said to him: Then there will be no zavim in the world!’ He replied to them: you are not held responsible for the existence of zavim!’ Once he had become subject to zivah, no further examination takes place. [Zov] resulting from an accident, or that was at all doubtful, or an issue of semen, these are unclean, since there are grounds for the assumption [that it is zivah]. If he had at a first [issue] they examine him; On the second [issue] they examine him, but on the third [issue] they don't examine him. Rabbi Eliezer says: even on the third [issue] they examine him because of the sacrifice.

Rebbi Levi said: Also in the days of the present evil government they lowered them two boxes with gold and they gave them two sheep to pull up. Once they lowered them two boxes with gold and they let them pull up two swine. They did not manage to get to half the height of the wall when the swine clawed the wall; the wall trembled, and [the swine] jumped 40 parasangs from the Land of Israel. At that time the sins caused that the perpetual sacrifice was stopped and the Temple destroyed.

Rav Yehudah in the name of Abba bar bar Ḥana: Bar Qappara and two of his students were with the innkeeper at the “inn of blessings”. He brought before them partridge, orach, and leeks. They said, if we recite the benediction on leeks, it will serve also for orach but not for the partridge. If we recite on orach, it will not serve for anything else. One of them jumped the gun and recited “by Whose word everything was created” on the partridge. His colleague laughed at him. Bar Qappara said to that one, not about that glutton but about you scoffer. This one acted in his gluttony, why did you laugh? And to the other one he said, is there no rabbi here, is there no old man here? They said, within a year they both died. Rebbi Yose said, there two are gone and we did not learn anything from the incident. What is it? It is reasonable that one recites the benediction on leeks because “By Whose word everything was created” is secondary for vegetables.

Rav Huna said, one is permitted to drink asa foetida water on the Sabbath. Samuel said, asa foetida in itself is healthy persons’ food. Rav Huna said, he who eats the weight of a zuz from it is in danger and his skin is loosened. Rebbi Abba ate the weight of a zuz from it and jumped in the river.

“The daily sacrifice ceased.” Rebbi Simon said in the name of Rebbi Joshua ben Levi: In the time of the hellenistic government they lowered them two boxes with gold and they gave them two lambs to pull up. Once they lowered them two boxes with gold and they gave them two kid goats to pull up. At that moment the Holy One, praise to Him, enlightened their eyes and they found two lambs in the hall of lambs. About that time did Rebbi Yehudah bar Abba testify that the perpetual morning sacrifice was brought at four hours. Rebbi Levi said: Also in the days of the present evil government they lowered them two boxes with gold and they gave them two kid goats to pull up. Once they lowered them two boxes with gold and they gave them two swine to pull up. They did not manage to get to half the height of the wall when the swine (damaged) [clawed] the wall and jumped 40 parasangs from the Land of Israel. At that time the sins caused that the perpetual sacrifice was stopped and the Temple destroyed.

HALAKHAH: “If somebody brings a bill of divorce from overseas and says”, etc. About what is he trustworthy? Samuel says, he is trusted to give a bill of divorce. Assi said, he is trusted to marry. Rav Huna said in the name of Rav: He is trusted to marry. Rebbi Joḥanan said, he is trusted to marry but one does not infer from this ruling anything for another case. What means, one does not infer from this ruling anything for another case? I sold one of my fields but I do not remember to whom I sold it. If someone comes and says, I bought it, he is not trusted in any way. In qiddushin, the same holds. “ I betrothed one of my daughters but I do not remember to whom I betrothed her. If someone comes and says, I gave her qiddushin,” he is not trusted in any way. The Mishnah disagrees with Rav: “If somebody brings a bill of divorce from overseas and says, it was written and signed in my presence, he shall not marry the wife.” There, she is considered by everybody to be a married woman. Here, she is considered to be a married woman only by two persons. One waits until these two come and say, this is the man who gave her qiddushin. The Mishnah disagrees with Rebbi Joḥanan: “ This one says, I gave her qiddushin, and that one says, I gave her qiddushin. Both of them give a bill of divorce, but if they agree, one gives a bill of divorce and the other one marries.” He explains this, if [the father] says, I did betroth her to one of these two but I do not remember which one it was. Rebbi Ze‘ira, Rebbi Yasa, in the name of Rebbi Joḥanan: If one of them jumped the gun and married her, one does remove her from him. That is, if this one says, I gave her qiddushin, and that one says. I gave her qiddushin and one of them jumped the gun and married her. But if he said, I gave her qiddushin and married her, and another one comes and says, I gave her qiddushin, he is not trusted in any way. It was stated thus: If after the marriage another man comes and says, I gave her qiddushin, he is not trusted in any way.

HALAKHAH: “If somebody brings a bill of divorce from overseas and says”, etc. About what is he trustworthy? Samuel says, he is trusted to give a bill of divorce. Assi said, he is trusted to marry. Rav Huna said in the name of Rav: He is trusted to marry. Rebbi Joḥanan said, he is trusted to marry but one does not infer from this ruling anything for another case. What means, one does not infer from this ruling anything for another case? I sold one of my fields but I do not remember to whom I sold it. If someone comes and says, I bought it, he is not trusted in any way. In qiddushin, the same holds. “ I betrothed one of my daughters but I do not remember to whom I betrothed her. If someone comes and says, I gave her qiddushin,” he is not trusted in any way. The Mishnah disagrees with Rav: “If somebody brings a bill of divorce from overseas and says, it was written and signed in my presence, he shall not marry the wife.” There, she is considered by everybody to be a married woman. Here, she is considered to be a married woman only by two persons. One waits until these two come and say, this is the man who gave her qiddushin. The Mishnah disagrees with Rebbi Joḥanan: “ This one says, I gave her qiddushin, and that one says, I gave her qiddushin. Both of them give a bill of divorce, but if they agree, one gives a bill of divorce and the other one marries.” He explains this, if [the father] says, I did betroth her to one of these two but I do not remember which one it was. Rebbi Ze‘ira, Rebbi Yasa, in the name of Rebbi Joḥanan: If one of them jumped the gun and married her, one does remove her from him. That is, if this one says, I gave her qiddushin, and that one says. I gave her qiddushin and one of them jumped the gun and married her. But if he said, I gave her qiddushin and married her, and another one comes and says, I gave her qiddushin, he is not trusted in any way. It was stated thus: If after the marriage another man comes and says, I gave her qiddushin, he is not trusted in any way.

MISHNAH: There are four brothers, two of whom are married to two sisters. If those married to the sisters died, [the sisters] have ḥalîṣah but not levirate. If [the remaining brothers] jumped the gun and married, they must divorce them. Rebbi Eliezer said, the House of Shammai say, they shall keep them, but the House of Hillel say, they have to divorce.

It was stated: “Abba Shaul says, the House of Hillel made this easy.” Is that a criticism? It is a praise, since people were saying, what is the prohibition here? It was found stated in the name of Rebbi Simeon: “If they jumped the gun and married, they should keep them.” But that is only if they had intercourse at the same time. In the opinion of Abba Shaul it is permitted to have intercourse without asking. In the opinion of Rebbi Simeon only if he transgressed and had intercourse. If the first [brother] married and had intercourse, he tells the second also to have intercourse. If that one did not have intercourse, the first [brother] is forbidden to have intercourse a second time; maybe one of them will die and it turns out that he had intercourse with the sister of his sister-in-law. It was stated: If the second [brother] died, the first one had to divorce his wife with a bill of divorce and his brother’s wife by ḥalîṣah. Even if the second one died? Does this not follow Rebbi Simeon? But Rebbi Simeon frees the second [sister] from ḥalîṣah and levirate! Rebbi Ze‘ira said, I confirmed this: Any sister-in-law who was to be freed by ḥalîṣah will never be permitted without ḥalîṣah.

What is the situation of grandchildren? Rebbi Mana said, [grandchildren are like children. Rebbi Yose said, grandchildren are not like children.] Rebbi Yose ben Rebbi Ḥanina and Rebbi Mattaniah were sitting together. They wanted to say, the same situation applies to grandchildren here as there. Rebbi Yose ben Rebbi Ḥanina said to him, inheritance by biblical law jumped on grandchildren.

Ben Azay says, the heirs of the first say to the heirs of the second: If you are creditors, take what is yours and leave; otherwise let us split evenly between yourselves and us. Rebbi Aqiba said to him: Biblical inheritance “jumped” on the sons of the second; they take their mother’s ketubah and come back to split. Rebbi Mana said, they disagree if there is an excess denar. But if there is no excess denar, even Rebbi Aqiba will agree with Ben Nanas that both parties split evenly. Rebbi Yose ben Rebbi Abun said to him, a situation which was stated without disagreement you turn into a disagreement. They must disagree if there is no excess denar. But if there is an excess denar even Ben Nanas agrees with Rebbi Aqiba that biblical inheritance “jumped” on the sons of the second; they take their mother’s ketubah and come back to split.

Ben Azay says, the heirs of the first say to the heirs of the second: If you are creditors, take what is yours and leave; otherwise let us split evenly between yourselves and us. Rebbi Aqiba said to him: Biblical inheritance “jumped” on the sons of the second; they take their mother’s ketubah and come back to split. Rebbi Mana said, they disagree if there is an excess denar. But if there is no excess denar, even Rebbi Aqiba will agree with Ben Nanas that both parties split evenly. Rebbi Yose ben Rebbi Abun said to him, a situation which was stated without disagreement you turn into a disagreement. They must disagree if there is no excess denar. But if there is an excess denar even Ben Nanas agrees with Rebbi Aqiba that biblical inheritance “jumped” on the sons of the second; they take their mother’s ketubah and come back to split.

What is the situation of grandchildren? Rebbi Mana said, grandchildren are like children. Rebbi Yose said, grandchildren are not like children. Rebbi Samuel, son of Rebbi Yose ben Rebbi Ḥanina and Rebbi Mattaniah were sitting together. They wanted to say, the same situation applies to grandchildren here as there. Rebbi Yose ben Rebbi Ḥanina said to them, inheritance by biblical law jumped on grandchildren.

MISHNAH: If somebody was thrown into a cistern and said, anybody hearing my voice should write a bill of divorce for my wife, they should write and deliver. If a healthy person said, write a bill of divorce for my wife, he wants to make fun of her. It happened to a healthy person who had said, write a bill of divorce for my wife, that he went on the roof, fell down, and died. Rabban Simeon ben Gamliel said, the Sages said that if he jumped, it is a bill of divorce; if the wind pushed him, it is no bill of divorce.

If it was doubtful whether he jumped or the wind pushed him? Let us hear from the following: Rabban Simeon ben Gamliel says, if he fell down immediately, it is a bill of divorce; if he fell after some time it is no bill of divorce. But is “immediately” not a case of doubt whether he jumped or the wind pushed him? This implies that in case of doubt whether he jumped or the wind pushed him, it is a bill of divorce.

If it was doubtful whether he jumped or the wind pushed him? Let us hear from the following: Rabban Simeon ben Gamliel says, if he fell down immediately, it is a bill of divorce; if he fell after some time it is no bill of divorce. But is “immediately” not a case of doubt whether he jumped or the wind pushed him? This implies that in case of doubt whether he jumped or the wind pushed him, it is a bill of divorce.

If it was doubtful whether he jumped or the wind pushed him? Let us hear from the following: Rabban Simeon ben Gamliel says, if he fell down immediately, it is a bill of divorce; if he fell after some time it is no bill of divorce. But is “immediately” not a case of doubt whether he jumped or the wind pushed him? This implies that in case of doubt whether he jumped or the wind pushed him, it is a bill of divorce.

HALAKHAH: “If one says, I preliminarily married off my daughter”, etc. About what is he trustworthy? Samuel says, he is trusted to give a bill of divorce. Assi said, he is trusted to marry. Rav Huna said in the name of Rav: He is trusted to marry. Rebbi Joḥanan said, he is trusted to marry but one does not infer anything for another case from this ruling. What means, one does not infer anything for another case from this ruling? I sold one of my fields but I do not remember to whom I sold it. If someone comes and says, I bought it, he is not trusted in any way. In preliminary marriage, the same holds true. “I betrothed one of my daughters but I do not remember to whom I betrothed her. If someone comes and says, I married her preliminarily,” he is not trusted in any way. The Mishnah disagrees with Rav: “If somebody brings a bill of divorce from overseas and says, it was written and signed in my presence, he shall not marry that woman.” There, she is considered by everybody to be a married woman. Here, she is considered to be a married woman only by two persons. One waits until these two come and say, this is the man who gave her qiddushin. The Mishnah disagrees with Samuel: “This one says, I married her preliminarily, and that one says, I married her preliminarily. Both of them give a bill of divorce, but if they agree, one gives a bill of divorce and the other one marries.” He explains this, if [the father] says, I did betrothe her to one of these two but I do not remember which one it was. Rebbi Ze‘ira, Rebbi Yasa, in the name of Rebbi Joḥanan: If one of them jumped the gun and married her, one does remove her from him. That is, if this one says, I married her preliminarily, and that one says, I married her preliminarily, and one of them jumped the gun and married her definitively. But if he said, I married her preliminarily and then married her definitively, and another one comes and says, I married her preliminarily, he is not trusted in any way. It was stated thus: If after the marriage another man comes and says, I married her preliminarily, he is not trusted in any way.

HALAKHAH: “If one says, I preliminarily married off my daughter”, etc. About what is he trustworthy? Samuel says, he is trusted to give a bill of divorce. Assi said, he is trusted to marry. Rav Huna said in the name of Rav: He is trusted to marry. Rebbi Joḥanan said, he is trusted to marry but one does not infer anything for another case from this ruling. What means, one does not infer anything for another case from this ruling? I sold one of my fields but I do not remember to whom I sold it. If someone comes and says, I bought it, he is not trusted in any way. In preliminary marriage, the same holds true. “I betrothed one of my daughters but I do not remember to whom I betrothed her. If someone comes and says, I married her preliminarily,” he is not trusted in any way. The Mishnah disagrees with Rav: “If somebody brings a bill of divorce from overseas and says, it was written and signed in my presence, he shall not marry that woman.” There, she is considered by everybody to be a married woman. Here, she is considered to be a married woman only by two persons. One waits until these two come and say, this is the man who gave her qiddushin. The Mishnah disagrees with Samuel: “This one says, I married her preliminarily, and that one says, I married her preliminarily. Both of them give a bill of divorce, but if they agree, one gives a bill of divorce and the other one marries.” He explains this, if [the father] says, I did betrothe her to one of these two but I do not remember which one it was. Rebbi Ze‘ira, Rebbi Yasa, in the name of Rebbi Joḥanan: If one of them jumped the gun and married her, one does remove her from him. That is, if this one says, I married her preliminarily, and that one says, I married her preliminarily, and one of them jumped the gun and married her definitively. But if he said, I married her preliminarily and then married her definitively, and another one comes and says, I married her preliminarily, he is not trusted in any way. It was stated thus: If after the marriage another man comes and says, I married her preliminarily, he is not trusted in any way.

MISHNAH: For a dog or a kid goat which jumped from a roof and broke vessels one pays full damages because they are notorious. If a dog stole a hot pitta and went to a stack of sheaves; while it was eating the hot pitta it ignited the stack. For the pitta [its owner] pays full damages, for the stack he pays half damages.

HALAKHAH: “For a dog or a kid goat which jumped from a roof,” etc. There are Tannaïm who state: “jumped”. There are Tannaïm who state: “fell”. Rebbi Joḥanan said, so is the Mishnah: “jumped”. But “fell” does not apply.

HALAKHAH: “For a dog or a kid goat which jumped from a roof,” etc. There are Tannaïm who state: “jumped”. There are Tannaïm who state: “fell”. Rebbi Joḥanan said, so is the Mishnah: “jumped”. But “fell” does not apply.

HALAKHAH: “For a dog or a kid goat which jumped from a roof,” etc. There are Tannaïm who state: “jumped”. There are Tannaïm who state: “fell”. Rebbi Joḥanan said, so is the Mishnah: “jumped”. But “fell” does not apply.

HALAKHAH: “If somebody starts a fire inside his property,” etc. “It happened that a fire crossed the Jordan, because it was a firestorm. How far may a fire spread? Rebbi Eliezer says sixteen cubits like a public road, if there is wind thirty cubits. Rebbi Jehudah says thirty cubits, if there is wind fifty cubits. Rebbi Aqiba says 50 cubits, if there is wind a hundred cubits. It happened in Arabia that a fire jumped more than three hundred cubits. When is this? If it jumps. But if there is wood or it burns continuously, he is liable even up to a mil. If it crossed a river or a pond eight cubits wide, he is not liable.”

“One who copulates with a Gentile woman,” etc. Rebbi Ismael stated: This is one who marries a Gentile woman, sires children, and from her raises enemies of the Omnipresent. It is written: Phineas ben Eleazar ben Aharon the priest saw. What did he see? He understood what happened and remembered practice: “One who copulates with a Gentile woman, zealots strike him.” It was stated: not with the agreement of the Sages. Would Phineas act against the Sages? Rebbi Jehudah bar Pazi said, they wanted to excommunicate him had not the Holy Spirit jumped on him and declared that an eternal covenant of priesthood shall be for him and his descendants after him, etc.

“He said to the recipient of a fee,” etc. Rebbi Joḥanan said, one who claims before his neighbor a claim of thief in a case of loss is liable. “Where is my lost object?” He told him, “it was stolen.” Rebbi Joḥanan said, one who claims before his neighbor a claim of thief is liable only after an oath. What is the reason? It is said here “grabbing” and it says there “grabbing.” Since “grabbing” mentioned there only applies after an oath, so also “grabbing” mentioned here only applies after an oath. Rebbi Joḥanan said, one who claims a claim of loss, swore to him, and afterwards claimed a claim of thief is not liable. Rebbi Joḥanan asked: May one be liable for a blurted oath in case of an oath regarding a claim of thief? The argument of Rebbi Joḥanan seems to be inverted. There he said, if he claimed a claim of loss, swore to him, and afterwards claimed a claim of thief is not liable. And here he says so? There it is obvious to him, here it is problematic for him. What is problematic for him? He saw and found it simple. Rebbi Ḥiyya bar Joseph said, one who claims before his neighbor a claim of thief is liable only after he denied in court. Where do we hold? If about him who already owes an oath to his neighbor, even if he was swearing out of court he is liable. But we must hold about him who saw them coming. They wanted to make him swear but he jumped in and swore. Rebbi Ḥiyya in the name of Rebbi Joḥanan: When it was standing at his feeding trough. Rebbi Ze`ira asked: how was it said? “If it was standing” or “even if it was standing”? If you say “even if it was standing,” it makes no difference. If you say “if it was standing,” then the argument of Rebbi Joḥanan is inverted. There, he said, if he claimed before him a claim of loss, had been swearing to him, selected a sacrifice, and then claimed a claim of duress, he is not liable. But here you are saying so? Rebbi La said, there is a difference since he absolved himself of confession by the oath. They objected to the opinion of Rebbi Ze`ira: “‘Where is my ox?’ He told him, ‘it was stolen.’ ‘I want you to swear;’ he answered ‘Amen’. Witnesses testify that he stole it: he has to pay double restitution. If he confessed himself he pays the value, and a fifth, and a reparation sacrifice.” But here when he moved it by claiming that it was lost. Afterwards he claimed a claim of thief and is not liable. Explain it that he swore to him but slaughtered it afterwards. The students of Rebbi Ḥiyya bar Julianus say, explain it that he slaughtered it when it was lying down. Is there slaughter without sale? Following Symmachos who said, there can be slaughter and sale without theft. Samuel said, if there came no witnesses of the theft, but there came witnesses of the slaughter; he is liable.

What was the height of Moses? Ten cubits. He took an axe ten cubits long, jumped to a height of ten cubits and struck Og on his ankle and killed him.