leniencies

Every kind of flesh is forbidden to be cooked in milk, except for the flesh of fish and of locusts. And it is also forbidden to place it upon the table with cheese, except for the flesh of fish and of locusts. One who vows not to eat meat, he is allowed to eat the flesh of fish and locusts. Fowl may be placed upon the table together with cheese but may not be eaten with it, the words of Bet Shammai. Bet Hillel say: it may neither be placed [upon the table together with cheese] nor eaten with it. Rabbi Yose said: this is one of the leniencies of Bet shammai and the stringencies of Bet Hillel. Concerning what table did they speak? Concerning the table upon which one eats; but on the table whereon the food is set out one may place the one beside the other, and not be concerned.

A scroll on which the writing has become erased and eighty-five letters remain, as many as are in the section beginning, "And it came to pass when the ark set forward" (Numbers 10:35-36) defiles the hands. A single sheet on which there are written eighty-five letters, as many as are in the section beginning, "And it came to pass when the ark set forward", defiles the hands. All the Holy Scriptures defile the hands. The Song of Songs and Kohelet (Ecclesiastes) defile the hands. Rabbi Judah says: the Song of Songs defiles the hands, but there is a dispute about Kohelet. Rabbi Yose says: Kohelet does not defile the hands, but there is a dispute about the Song of Songs. Rabbi Shimon says: [the ruling about] Kohelet is one of the leniencies of Bet Shammai and one of the stringencies of Bet Hillel. Rabbi Shimon ben Azzai said: I have received a tradition from the seventy-two elders on the day when they appointed Rabbi Elazar ben Azariah head of the academy that the Song of Songs and Kohelet defile the hands. Rabbi Akiba said: Far be it! No man in Israel disputed that the Song of Songs [saying] that it does not defile the hands. For the whole world is not as worthy as the day on which the Song of Songs was given to Israel; for all the writings are holy but the Song of Songs is the holy of holies. If they had a dispute, they had a dispute only about Kohelet. Rabbi Yohanan ben Joshua the son of the father-in-law of Rabbi Akiva said in accordance with the words of Ben Azzai: so they disputed and so they reached a decision.

That means after the divine voice was heard. But before the divine voice was heard, it was said of anyone who wanted to restrict himself and follow the restrictions both of the school of Shammai and that of Hillel: (Eccl. 2:14) “the fool walks in darkness;” anyone who followed the leniencies of both of them was called an evildoer. But one had to follow either the leniencies and restrictions of one school or the leniencies and restrictions of the other. That was before the divine voice was heard. But after the divine voice was heard, practice always follows the school of Hillel and everyone who transgresses the rulings of the school of Hillel merits death. We have stated: “A divine voice came and said: Both of them are the words of the Living God but practice follows the school of Hillel”. Where was the divine voice heard? Rebbi Bibi in the name of Rebbi Yoḥanan: The divine voice came in Jabneh.

That means after the divine voice was heard. But before the divine voice was heard, it was said of anyone who wanted to restrict himself and follow the restrictions both of the school of Shammai and that of Hillel: (Eccl. 2:14) “the fool walks in darkness;” anyone who followed the leniencies of both of them was called an evildoer. But one had to follow either the leniencies and restrictions of one school or the leniencies and restrictions of the other. That was before the divine voice was heard. But after the divine voice was heard, practice always follows the school of Hillel and everyone who transgresses the rulings of the school of Hillel merits death. We have stated: “A divine voice came and said: Both of them are the words of the Living God but practice follows the school of Hillel”. Where was the divine voice heard? Rebbi Bibi in the name of Rebbi Yoḥanan: The divine voice came in Jabneh.

That means after the divine voice was heard. But before the divine voice was heard, it was said of anyone who wanted to restrict himself and follow the restrictions both of the school of Shammai and that of Hillel: (Eccl. 2:14) “the fool walks in darkness;” anyone who followed the leniencies of both of them was called an evildoer. But one had to follow either the leniencies and restrictions of one school or the leniencies and restrictions of the other. That was before the divine voice was heard. But after the divine voice was heard, practice always follows the school of Hillel and everyone who transgresses the rulings of the school of Hillel merits death. We have stated: “A divine voice came and said: Both of them are the words of the Living God but practice follows the school of Hillel”. Where was the divine voice heard? Rebbi Bibi in the name of Rebbi Yoḥanan: The divine voice came in Jabneh.

There we have stated: “A woman who inherited property before she was betrothed, the Houses of Shammai and Hillel both are of the opinion that she may sell or give away and her actions are valid. If she inherited after she was betrothed, the House of Shammai say, she may sell, but the House of Hillel say, she may not sell.” Rebbi Phineas asked before Rebbi Yose, why did we not state it with the leniencies of the House of Shammai and the stringencies of the House of Hillel? He said to him, the Mishnaiot come only for circumstances that are either stringent on both sides or lenient on both sides. But here it is a stringency on one side and a leniency on the other side. But did we not state: “The House of Shammai say, property abandoned to the poor is abandoned?” Is this not lenient for the poor and stringent for the householder, and it was stated! It is lenient for the poor and not stringent for the householder, since it was abandoned by his intent. He said to him, did we not state: “The sheaf that was near a closure, a stack, cattle, or vessels, if it was forgotten,” is this not lenient for the householder and stringent for the poor, and it was stated! He said to him, it is lenient for the householder but not stringent for the poor, because they did not acquire it yet. You may also say here, it is lenient for the woman and not stringent for the husband since he did not yet acquire property rights to it. He said to him, since he became betrothed to her, the inheritance fell to both of them.

The House of Yannai said, on the fence one may sow all kinds of mixtures. A fence implies leniencies and stringencies. How is this? Less than a bet rova‘ shaven in a grain field may not be sown; if surrounded with a fence it may be sown. A bet rova‘ in open country may be sown with two kinds; if surrounded with a fence this is forbidden.

Why did we not state this with the leniencies of the House of Shammai and the stringencies of the House of Hillel? Sometimes there is no rain and no moisture and he would plough only before Pentecost following the House of Shammai. The House of Hillel say, until Pentecost.

MISHNAH: A field that had been cleared of thistles may be sown at the end of the Sabbatical year. [A field] improved or fertilized should not be sown at the end of the Sabbatical year. A field that was improved, the House of Shammai say one does not eat its produce in the Sabbatical year, but the House of Hillel say one does. The House of Shammai say one does not eat Sabbatical produce in reciprocity, but the House of Hillel say in reciprocity and without reciprocity. Rebbi Jehudah says it the other way around; this is one of the leniencies of the House of Shammai and stringencies of the House of Hillel.

HALAKHAH: Paragraph. “When may one start giving away rights? The House of Shammai say,” etc. “When may one start giving away rights?” Is the Mishnah so: “When may one start ceding rights? The House of Shammai say as long as it is daylight, but the House of Hillel say, when it gets dark”? So is the Mishnah: The House of (Shammai) [Hillel] say, when it gets dark; because otherwise it would be of the leniencies of the House of Shammai and the strictures of the House of Hillel.

And it was stated: “What is deep mourning? From the moment of death until the moment of burial, the word of Rebbi. But the Sages say, the entire day.” It turns out that one describes leniencies and stringencies following Rebbi, leniencies and stringencies following the rabbis. What leniencies following Rebbi? If he died and was buried within the hour. Following Rebbi he is forbidden only that hour, following the rabbis he is forbiddden the entire day. Leniencies following the rabbis? If he died and was buried after three days. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden up to three days. There came Rebbi Abbahu in the name of Rebbi Joḥanan, and Rav Ḥuna, both of whom said that Rebbi agrees with the Sages that he is forbidden only during the first day, as it was stated: Rebbi said, you know that deep mourning [in the night] is not biblical, since they said, “the deep mourner immerses himself and eats his Pesaḥ in the evening.” But they declared deep mourning during daytime as biblical. Rebbi Yose ben Rebbi Abun in the name of Rav Ḥisda: Explain it that he was buried close to sundown and one cannot infer anything.

And it was stated: “What is deep mourning? From the moment of death until the moment of burial, the word of Rebbi. But the Sages say, the entire day.” It turns out that one describes leniencies and stringencies following Rebbi, leniencies and stringencies following the rabbis. What leniencies following Rebbi? If he died and was buried within the hour. Following Rebbi he is forbidden only that hour, following the rabbis he is forbiddden the entire day. Leniencies following the rabbis? If he died and was buried after three days. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden up to three days. There came Rebbi Abbahu in the name of Rebbi Joḥanan, and Rav Ḥuna, both of whom said that Rebbi agrees with the Sages that he is forbidden only during the first day, as it was stated: Rebbi said, you know that deep mourning [in the night] is not biblical, since they said, “the deep mourner immerses himself and eats his Pesaḥ in the evening.” But they declared deep mourning during daytime as biblical. Rebbi Yose ben Rebbi Abun in the name of Rav Ḥisda: Explain it that he was buried close to sundown and one cannot infer anything.

And it was stated: “What is deep mourning? From the moment of death until the moment of burial, the word of Rebbi. But the Sages say, the entire day.” It turns out that one describes leniencies and stringencies following Rebbi, leniencies and stringencies following the rabbis. What leniencies following Rebbi? If he died and was buried within the hour. Following Rebbi he is forbidden only that hour, following the rabbis he is forbiddden the entire day. Leniencies following the rabbis? If he died and was buried after three days. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden up to three days. There came Rebbi Abbahu in the name of Rebbi Joḥanan, and Rav Ḥuna, both of whom said that Rebbi agrees with the Sages that he is forbidden only during the first day, as it was stated: Rebbi said, you know that deep mourning [in the night] is not biblical, since they said, “the deep mourner immerses himself and eats his Pesaḥ in the evening.” But they declared deep mourning during daytime as biblical. Rebbi Yose ben Rebbi Abun in the name of Rav Ḥisda: Explain it that he was buried close to sundown and one cannot infer anything.

And it was stated: “What is deep mourning? From the moment of death until the moment of burial, the word of Rebbi. But the Sages say, the entire day.” It turns out that one describes leniencies and stringencies following Rebbi, leniencies and stringencies following the rabbis. What leniencies following Rebbi? If he died and was buried within the hour. Following Rebbi he is forbidden only that hour, following the rabbis he is forbiddden the entire day. Leniencies following the rabbis? If he died and was buried after three days. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden up to three days. There came Rebbi Abbahu in the name of Rebbi Joḥanan, and Rav Ḥuna, both of whom said that Rebbi agrees with the Sages that he is forbidden only during the first day, as it was stated: Rebbi said, you know that deep mourning [in the night] is not biblical, since they said, “the deep mourner immerses himself and eats his Pesaḥ in the evening.” But they declared deep mourning during daytime as biblical. Rebbi Yose ben Rebbi Abun in the name of Rav Ḥisda: Explain it that he was buried close to sundown and one cannot infer anything.

It was stated, “a full gulp.” Does this disagree? A full gulp, what is possible as one gulp. It was stated in the name of the House of Shammai, a full gulp is equivalent to a quartarius. Rebbi Ḥiyya bar Ada asked before Rebbi Mana, why was this not stated as one of the leniencies of the House of Shammai and restrictions of the House of Hillel? He told him, because of the gulp of Ben Avatiah which contained more than a quartarius.

“About a wick three things were said as restrictions and three as leniencies. The following three were said as restrictions: One does not make it new on the holiday, nor does one cut one into two pieces, nor does one singe it by fire. The following three were said as leniencies: One softens it, and soaks it in oil, and divides it into two lights by fire.” Rebbi Ḥinena said, if he needs both of them. It was stated, Rebbi Jehudah bar Pazi in the name of Bar Delaia: He brings two candles, introduces it into both of them, and separates them by fire into two candles. Rebbi Jacob bar Aḥa, Ḥinena bar Idi in the name of Rav: One cleans the wick on a holiday.

“About a wick three things were said as restrictions and three as leniencies. The following three were said as restrictions: One does not make it new on the holiday, nor does one cut one into two pieces, nor does one singe it by fire. The following three were said as leniencies: One softens it, and soaks it in oil, and divides it into two lights by fire.” Rebbi Ḥinena said, if he needs both of them. It was stated, Rebbi Jehudah bar Pazi in the name of Bar Delaia: He brings two candles, introduces it into both of them, and separates them by fire into two candles. Rebbi Jacob bar Aḥa, Ḥinena bar Idi in the name of Rav: One cleans the wick on a holiday.

In this matter, it was stated: “About anybody who wants to take upon himself the stringencies both of the House of Shammai and the House of Hillel it was said: ‘The silly one walks in darkness’. The leniencies of both of them, he is called wicked. Only either following the words of the House of Shammai in their leniencies and stringencies, or following the words of the House of Hillel in their leniencies and stringencies.” That is, before there came the disembodied voice. But after the disembodied voice was heard, “practice follows the House of Hillel forever.” And any who transgresses the words of the House of Hillel is deserving of death. It was stated: There came the disembodied voice and said: Both of them are the words of the Living God, but practice follows the House of Hillel forever. Where was the disembodied voice heard? Rav Bebai in the name of Rebbi Joḥanan: The disembodied voice was heard at Yabneh.

In this matter, it was stated: “About anybody who wants to take upon himself the stringencies both of the House of Shammai and the House of Hillel it was said: ‘The silly one walks in darkness’. The leniencies of both of them, he is called wicked. Only either following the words of the House of Shammai in their leniencies and stringencies, or following the words of the House of Hillel in their leniencies and stringencies.” That is, before there came the disembodied voice. But after the disembodied voice was heard, “practice follows the House of Hillel forever.” And any who transgresses the words of the House of Hillel is deserving of death. It was stated: There came the disembodied voice and said: Both of them are the words of the Living God, but practice follows the House of Hillel forever. Where was the disembodied voice heard? Rav Bebai in the name of Rebbi Joḥanan: The disembodied voice was heard at Yabneh.

In this matter, it was stated: “About anybody who wants to take upon himself the stringencies both of the House of Shammai and the House of Hillel it was said: ‘The silly one walks in darkness’. The leniencies of both of them, he is called wicked. Only either following the words of the House of Shammai in their leniencies and stringencies, or following the words of the House of Hillel in their leniencies and stringencies.” That is, before there came the disembodied voice. But after the disembodied voice was heard, “practice follows the House of Hillel forever.” And any who transgresses the words of the House of Hillel is deserving of death. It was stated: There came the disembodied voice and said: Both of them are the words of the Living God, but practice follows the House of Hillel forever. Where was the disembodied voice heard? Rav Bebai in the name of Rebbi Joḥanan: The disembodied voice was heard at Yabneh.

HALAKHAH: “A man should not rest from being fruitful and multiply,” etc. The House of Shammai say two males, since “Gershom and Eliezer” are mentioned for Moses. The House of Hillel say a male and a female the way the world was created, as it is said “male and female He created them.” Rebbi Abun said, one has to understand “even a male and a female”. If it were not so, it should have been a Mishnah about the leniencies of the House of Shammai and the stringencies of the House of Hillel. Sons of sons are counted as sons, sons of daughters are not counted as sons. The son’s son and the daughter’s daughter count; the son’s daughter and the daughter’s son do not count. A she-ram, a castrate, and those who cannot have children are not counted.

“A sly wicked man.” Rebbi Zeriqan in the name of Rav Huna: That is one who chooses leniencies for himself and teaches restrictions to others. In this matter, it was stated: “About anybody who wants to take upon himself the stringencies both of the House of Shammai and the House of Hillel it was said: ‘The silly one walks in darkness’. The leniencies of both of them, he is called wicked. Only either following the words of the House of Shammai in their leniencies and stringencies, or following the words of the House of Hillel in their leniencies and stringencies.” That is, before there came the disembodied voice. But after the disembodied voice was heard, “practice follows the House of Hillel forever.” And any who transgresses the words of the House of Hillel is deserving of death. It was stated: There came the disembodied voice and said: “Both of them are the words of the Living God, but practice follows the House of Hillel forever.” Where was the disembodied voice heard? Rav Bebai in the name of Rebbi Joḥanan: The disembodied voice was heard at Yabneh.

“A sly wicked man.” Rebbi Zeriqan in the name of Rav Huna: That is one who chooses leniencies for himself and teaches restrictions to others. In this matter, it was stated: “About anybody who wants to take upon himself the stringencies both of the House of Shammai and the House of Hillel it was said: ‘The silly one walks in darkness’. The leniencies of both of them, he is called wicked. Only either following the words of the House of Shammai in their leniencies and stringencies, or following the words of the House of Hillel in their leniencies and stringencies.” That is, before there came the disembodied voice. But after the disembodied voice was heard, “practice follows the House of Hillel forever.” And any who transgresses the words of the House of Hillel is deserving of death. It was stated: There came the disembodied voice and said: “Both of them are the words of the Living God, but practice follows the House of Hillel forever.” Where was the disembodied voice heard? Rav Bebai in the name of Rebbi Joḥanan: The disembodied voice was heard at Yabneh.

“A sly wicked man.” Rebbi Zeriqan in the name of Rav Huna: That is one who chooses leniencies for himself and teaches restrictions to others. In this matter, it was stated: “About anybody who wants to take upon himself the stringencies both of the House of Shammai and the House of Hillel it was said: ‘The silly one walks in darkness’. The leniencies of both of them, he is called wicked. Only either following the words of the House of Shammai in their leniencies and stringencies, or following the words of the House of Hillel in their leniencies and stringencies.” That is, before there came the disembodied voice. But after the disembodied voice was heard, “practice follows the House of Hillel forever.” And any who transgresses the words of the House of Hillel is deserving of death. It was stated: There came the disembodied voice and said: “Both of them are the words of the Living God, but practice follows the House of Hillel forever.” Where was the disembodied voice heard? Rav Bebai in the name of Rebbi Joḥanan: The disembodied voice was heard at Yabneh.

“A sly wicked man.” Rebbi Zeriqan in the name of Rav Huna: That is one who chooses leniencies for himself and teaches restrictions to others. In this matter, it was stated: “About anybody who wants to take upon himself the stringencies both of the House of Shammai and the House of Hillel it was said: ‘The silly one walks in darkness’. The leniencies of both of them, he is called wicked. Only either following the words of the House of Shammai in their leniencies and stringencies, or following the words of the House of Hillel in their leniencies and stringencies.” That is, before there came the disembodied voice. But after the disembodied voice was heard, “practice follows the House of Hillel forever.” And any who transgresses the words of the House of Hillel is deserving of death. It was stated: There came the disembodied voice and said: “Both of them are the words of the Living God, but practice follows the House of Hillel forever.” Where was the disembodied voice heard? Rav Bebai in the name of Rebbi Joḥanan: The disembodied voice was heard at Yabneh.

There, we have stated: “Rebbi Joḥanan ben Beroqa says, if he speaks about somebody who is a legal heir, his statements are valid, but about somebody who is not a legal heir, his statements are invalid.” Rebbi Joḥanan said, Ben Beroqa spoke only about a son among sons or a (daughter) son among daughters, not about a daughter and brother or a brother among daughters. Rebbi Yasa in the name of Rebbi Joḥanan: There was a case and Rebbi decided following Rebbi Joḥanan ben Beroqa. Rebbi Ze‘ira, Rebbi Yasa in the name of Rebbi Joḥanan: Rebbi asked Nathan the Babylonian, why did they say that practice follows Rebbi Joḥanan ben Beroqa? Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: What is the reason? He asked Nathan the Babylonian, why did the Sages say that practice follows Rebbi Joḥanan ben Beroqa? Are you not the one who stated “shall inherit”? (He said to him, you stated “shall take”; he came to him). He said to him, there is no “shall inherit” but “shall take”. When he came to his father, he said to him: you disadvantaged Nathan the Bablylonian; there is no “shall take” but “shall inherit”. Rebbi Yose ben Rebbi Abun said, this is what he told him: I made an error in what I taught you; there is no “shall take” but “shall inherit”. Rebbi Ze‘ira said, this is one of the leniencies of the ketubah stipulations. In general, a person can transfer rights only by a document; here even verbally. In general, a person cannot transfer rights to somebody not yet existing; here to the non-existing. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how the rabbis can compare ketubah to inheritance, for inheritance is a biblical law but ketubah is from their words; how can one argue this? Even if you say that ketubah is a biblical law, do they not agree that the stipulations of the ketubah are from their words?

Rebbi Phineas asked before Rebbi Yose, why did we not state it with the leniencies of the House of Shammai and the stringencies of the House of Hillel? He said to him, the Mishnaiot apply only to circumstances that are either stringent on both sides or lenient on both sides. But here it is a stringency on one side and a leniency on the other side. But did we not state: “The House of Shammai say, property abandoned to the poor [is abandoned]?” Is this not lenient for the poor and stringent for the householder, and it was stated! He said to him, it is lenient for the poor and not stringent for the householder, since he intentionally abandoned it. He said to him, did we not state: “If the sheaf that was near a closure, a stack, cattle, or vessels was forgotten,” is this not lenient for the householder and stringent for the poor, and it was stated! He said to him, it is lenient for the householder but not stringent for the poor, because they did not acquire it yet. You may also say here, it is lenient for the woman and not stringent for the husband since he did not yet acquire property rights to it. He said to him, since he became betrothed to her, the inheritance fell to both of them.

In this matter, it was stated: “About anybody who wanted to take upon himself the stringencies both of the House of Shammai and the House of Hillel it was said: ‘The silly one walks in darkness’. The leniencies of both of them, he is called wicked. Either following the words of the House of Shammai in their leniencies and stringencies, or following the words of the House of Hillel in their leniencies and stringencies.” That is, before there came the disembodied voice. But after the disembodied voice was heard, “practice follows the House of Hillel forever.” And any who transgress the words of the House of Hillel are deserving of death. It was stated: There came the disembodied voice and said: Both of them are the words of God, but practice follows the House of Hillel. Where was the disembodied voice heard? Rebbi Bebai in the name of Rebbi Joḥanan: The disembodied voice was heard at Yabneh.

In this matter, it was stated: “About anybody who wanted to take upon himself the stringencies both of the House of Shammai and the House of Hillel it was said: ‘The silly one walks in darkness’. The leniencies of both of them, he is called wicked. Either following the words of the House of Shammai in their leniencies and stringencies, or following the words of the House of Hillel in their leniencies and stringencies.” That is, before there came the disembodied voice. But after the disembodied voice was heard, “practice follows the House of Hillel forever.” And any who transgress the words of the House of Hillel are deserving of death. It was stated: There came the disembodied voice and said: Both of them are the words of God, but practice follows the House of Hillel. Where was the disembodied voice heard? Rebbi Bebai in the name of Rebbi Joḥanan: The disembodied voice was heard at Yabneh.

In this matter, it was stated: “About anybody who wanted to take upon himself the stringencies both of the House of Shammai and the House of Hillel it was said: ‘The silly one walks in darkness’. The leniencies of both of them, he is called wicked. Either following the words of the House of Shammai in their leniencies and stringencies, or following the words of the House of Hillel in their leniencies and stringencies.” That is, before there came the disembodied voice. But after the disembodied voice was heard, “practice follows the House of Hillel forever.” And any who transgress the words of the House of Hillel are deserving of death. It was stated: There came the disembodied voice and said: Both of them are the words of God, but practice follows the House of Hillel. Where was the disembodied voice heard? Rebbi Bebai in the name of Rebbi Joḥanan: The disembodied voice was heard at Yabneh.

Rebbi Abbahu in the name of Rebbi Eleazar: “Deep sorrow” is only for the dead, for it is written: Its gates are in deep sorrow and mourning. Ḥiyya bar Ada objected: Is it not written: the fishermen are in deep sorrow? Rebbi Ḥanina said, so is the baraita: there is no deep sorrow in impurity except for the dead. It was stated: “What is deep sorrow? From the moment of death until the moment of burial, the word of Rebbi. But the Sages say, the entire day.” It turns out that one describes leniencies and stringencies following Rebbi, leniencies and stringencies following the rabbis. What is the difference between them? If he died and was buried within the hour. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden only that hour. If he died and was buried after three days. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden up to three days. There came Rebbi Abbahu in the name of Rebbi Joḥanan, and Rav Ḥisda, both of whom said that Rebbi agrees with the Sages that he is forbidden only during the first day, as it was stated: Rebbi said, you know that deep mourning in the night is not biblical, since they said, “the deep mourner immerses himself and eats his Passover sacrifice in the evening.” But they said, deep mourning [during daytime] is biblical. Rebbi Yose ben Rebbi Abun in the name of Rebbi Huna: Explain it that he was buried close to sundown [and one cannot infer anything.]

Rebbi Abbahu in the name of Rebbi Eleazar: “Deep sorrow” is only for the dead, for it is written: Its gates are in deep sorrow and mourning. Ḥiyya bar Ada objected: Is it not written: the fishermen are in deep sorrow? Rebbi Ḥanina said, so is the baraita: there is no deep sorrow in impurity except for the dead. It was stated: “What is deep sorrow? From the moment of death until the moment of burial, the word of Rebbi. But the Sages say, the entire day.” It turns out that one describes leniencies and stringencies following Rebbi, leniencies and stringencies following the rabbis. What is the difference between them? If he died and was buried within the hour. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden only that hour. If he died and was buried after three days. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden up to three days. There came Rebbi Abbahu in the name of Rebbi Joḥanan, and Rav Ḥisda, both of whom said that Rebbi agrees with the Sages that he is forbidden only during the first day, as it was stated: Rebbi said, you know that deep mourning in the night is not biblical, since they said, “the deep mourner immerses himself and eats his Passover sacrifice in the evening.” But they said, deep mourning [during daytime] is biblical. Rebbi Yose ben Rebbi Abun in the name of Rebbi Huna: Explain it that he was buried close to sundown [and one cannot infer anything.]

Rebbi Abbahu in the name of Rebbi Eleazar: “Deep sorrow” is only for the dead, for it is written: Its gates are in deep sorrow and mourning. Rebbi Ḥiyya bar Ada objected: Is it not written: the fishermen are in deep sorrow,mourning are all who throw a fish-hook into the Nile? Rebbi Ḥanina said, so is the baraita: there is no deep sorrow in impurity except for the dead. It was stated: “What is deep sorrow? From the moment of death until the moment of burial, the word of Rebbi. But the Sages say, the entire day.” It turns out that one describes leniencies and stringencies following Rebbi, leniencies and stringencies following the rabbis. What is the difference between them? If someone died and was buried within the hour. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden only that hour. If the person died and was buried after three days. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden up to three days. There came Rebbi Abbahu in the name of Rebbi Joḥanan, and Rav Ḥisda, both of whom said that Rebbi agrees with the Sages that he is forbidden only during the first day, as it was stated: Rebbi said, you know that deep mourning in the night is not biblical, since they said, “the deep mourner immerses himself and eats his Passover sacrifice in the evening.” But they said, deep mourning during daytime is biblical. Rebbi Yose ben Rebbi Abun in the name of Rebbi Huna: Explain it that the person was buried close to sundown and one cannot infer anything.

Rebbi Abbahu in the name of Rebbi Eleazar: “Deep sorrow” is only for the dead, for it is written: Its gates are in deep sorrow and mourning. Rebbi Ḥiyya bar Ada objected: Is it not written: the fishermen are in deep sorrow,mourning are all who throw a fish-hook into the Nile? Rebbi Ḥanina said, so is the baraita: there is no deep sorrow in impurity except for the dead. It was stated: “What is deep sorrow? From the moment of death until the moment of burial, the word of Rebbi. But the Sages say, the entire day.” It turns out that one describes leniencies and stringencies following Rebbi, leniencies and stringencies following the rabbis. What is the difference between them? If someone died and was buried within the hour. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden only that hour. If the person died and was buried after three days. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden up to three days. There came Rebbi Abbahu in the name of Rebbi Joḥanan, and Rav Ḥisda, both of whom said that Rebbi agrees with the Sages that he is forbidden only during the first day, as it was stated: Rebbi said, you know that deep mourning in the night is not biblical, since they said, “the deep mourner immerses himself and eats his Passover sacrifice in the evening.” But they said, deep mourning during daytime is biblical. Rebbi Yose ben Rebbi Abun in the name of Rebbi Huna: Explain it that the person was buried close to sundown and one cannot infer anything.

“Rebbi Eliezer says, the timing of any woman who misses three periods is exact.” But we stated on this: They said to him, the Sages said this only for the old woman. But did we not state: “Rebbi Eliezer said, it happened with a girl in Aitlo that she missed for three periods and then had a period. When the case came before the Sages, they said that her timing was exact.” They said to him, you were underage, and an underage boy cannot testify. Once did Rebbi decide to follow Rebbi Eliezer and he regretted it. Rebbi Mana said before Rebbi Yose: Come and see, when he instructed following the leniencies of Rebbi Meïr and Rebbi Yose, he did not regret it, but in this case he regretted? He said to him, there we deal with isolated opinions. You can say, we add his opinion to that of Rebbi Meïr to form a plurality against Rebbi Yose, and we add his opinion to that of Rebbi Yose to form a plurality against Rebbi Meïr; can you say here that we add his opinion to that of Rebbi Eliezer to form a plurality against the Sages? And in addition, it was stated on this: “It was an emergency decision.”

HALAKHAH: “Under which circumstances did they say that her timing is exact,” etc. Samuel said, they taught only about a virgin and an old woman. But to a pregnant or nursing woman they give all during preganncy and nursing time. Both Rav and Rebbi Joḥanan say, the rules are identical for virgin, post-menopausal, pregnant, or nursing woman. Rebbi Ze‘ira said, Rav and Rebbi Joḥanan parallel Rebbi Ḥanina’s and they all disagree with Samuel’s opinion, since Rebbi Eleazar said in the name of Rebbi Ḥanina: Once Rebbi instructed following the leniencies both of Rebbi Meïr and of Rebbi Yose. How was this? If the fetus was noticed and after that she bled, Rebbi Meïr says, her timing is exact; Rebbi Yose says, she retroactively makes impure for 24 hours. If she then bled frequently, interrupted for three periods, and then bled, Rebbi Meïr says, she retroactively makes impure for 24 hours; Rebbi Yose says, her timing is exact. If you say, one gives her all the time during pregnancy, why would we need Rebbi Yose’s leniency? Is not that of Rebbi Meïr less weighty than that of Rebbi Yose? Rebbi Mana said before Rebbi Yose: Might we say, following Rebbi Meïr and Rebbi Yose of milk? He said to him, it was said so explicitly.