majority

Rebbi Zeïra said, once the new growth is the majority it is permitted; Rebbi Hila and Rebbi Immi both say it is forbidden. A baraita disagrees with Rebbi Hila and Rebbi Immi, as it was stated: “This is the rule Rebbi Simeon proclaimed in the name of Rebbi Joshua: For everything that may become permitted through some action, such as ṭevel, Second Tithe, donations to the Temple, and new grain, the Sages did not fix any limits, but a kind with its own is forbidden in the minutest amount, a kind with a different kind if it can be tasted. But for everything that cannot become permitted through any action, such as heave, ḥallah, and orlah, the Sages did fix as limit both a kind with itself or with a different kind if it can be tasted. They objected: but there is the Sabbatical that admits no act to permit it and the Sages did not fix a limit! He said to them, no. When you mention the Sabbatical, its produce is forbidden in the minutest amount only after it must be destroyed, but for food if it can be tasted.” What do they do with it? Rebbi Hila and Rebbi Immi explain it in mixtures, but as far as growing plants are concerned, this is more severe since Rebbi Zeïra said in the name of Rebbi Jonathan: An onion of kilaim in a vineyard, taken out of the ground and replanted, stays forbidden even if it grows enormously because growth of something forbidden cannot neutralize the prohibition. A Mishnah disagrees with Rebbi Zeïra as we have stated (Terumot 9:4): “A growth from heave is heave but the growth from its growth is profane. But the growth from ṭevel, First Tithe, aftergrowth of the Sabbatical, heave of the tithe, dema‘, and First Fruits is profane.” We have stated on this: “When is this true? If the seed disappears. But if the seed does not disappear even growth from growth is forbidden.” How does Rebbi Zeïra deal with this? He explains it that the sanctity of the Sabbatical applies when it must be destroyed, but for food once the new growth is the majority it is permitted.

Rebbi Zeïra said, once the new growth is the majority it is permitted; Rebbi Hila and Rebbi Immi both say it is forbidden. A baraita disagrees with Rebbi Hila and Rebbi Immi, as it was stated: “This is the rule Rebbi Simeon proclaimed in the name of Rebbi Joshua: For everything that may become permitted through some action, such as ṭevel, Second Tithe, donations to the Temple, and new grain, the Sages did not fix any limits, but a kind with its own is forbidden in the minutest amount, a kind with a different kind if it can be tasted. But for everything that cannot become permitted through any action, such as heave, ḥallah, and orlah, the Sages did fix as limit both a kind with itself or with a different kind if it can be tasted. They objected: but there is the Sabbatical that admits no act to permit it and the Sages did not fix a limit! He said to them, no. When you mention the Sabbatical, its produce is forbidden in the minutest amount only after it must be destroyed, but for food if it can be tasted.” What do they do with it? Rebbi Hila and Rebbi Immi explain it in mixtures, but as far as growing plants are concerned, this is more severe since Rebbi Zeïra said in the name of Rebbi Jonathan: An onion of kilaim in a vineyard, taken out of the ground and replanted, stays forbidden even if it grows enormously because growth of something forbidden cannot neutralize the prohibition. A Mishnah disagrees with Rebbi Zeïra as we have stated (Terumot 9:4): “A growth from heave is heave but the growth from its growth is profane. But the growth from ṭevel, First Tithe, aftergrowth of the Sabbatical, heave of the tithe, dema‘, and First Fruits is profane.” We have stated on this: “When is this true? If the seed disappears. But if the seed does not disappear even growth from growth is forbidden.” How does Rebbi Zeïra deal with this? He explains it that the sanctity of the Sabbatical applies when it must be destroyed, but for food once the new growth is the majority it is permitted.

Rebbi Abbahu went up to Arbel and was received by Abba bar Benjamin. They came and asked him about these onions; he taught them the statement of Rebbi Zeïra “once the new growth is the majority it is permitted.” He saw them relying on him; then he said to them: I was referring only to those that are bent down Rebbi Jehudah bar Pazi said, I know beginning and end; when he heard that Rebbi Hila and Rebbi Ammi disagreed, he shrank from it.

The colleagues in the name of Rebbi Eleazar: The first amphora following Rebbi Yose, the second following Rebbi Meïr. The colleagues say, the first amphora following Rebbi Yose but Rebbi Meïr will not agree; the second following Rebbi Meïr but Rebbi Yose will not agree. Rebbi Yose told them, be careful what you teach. The first amphora following Rebbi Yose; therefore, following Rebbi Meïr one burns and following Rebbi Simeon one burns. Then Rebbi Meïr and Rebbi Simeon should form a majority against Rebbi Yose and one should burn. In addition, we see that the rabbis, in cases which come before them, say, go and consider it suspended. We find that Rebbi Simeon says one burns, as we have stated: “Rebbi Eliezer and Rebbi Joshua agree that one burns each one separately.” On this, Rebbi Joḥanan said, Rebbi Simeon taught that. And if you want to say that Rebbi Meïr does not recognize suspension, have we not stated: “Suspended heave and impure heave are burned on Sabbath eve when it gets dark, the words of Rebbi Meïr; but the Sages say, at its appointed time.” Rebbi Zeïra said before Rebbi Mana, explain it if it is suspended because he intends to ask about it. He said to him, so said my teacher Rebbi Assi: All suspended [heave] we are dealing with here is suspended [heave] about which he has no intention of asking. But if he intends to ask about it, it has to be treated as pure. As we have stated: “If he said, it is pure or impure, then it is impure. But if he said, I am keeping it in order to ask about the situation, it is pure.” Rebbi Yose ben Rebbi Abun said, explain it if the doubt arose at sundown. Then you cannot infer anything.

“Rebbi Eliezer declares it impure as drink.” It was stated: “Rebbi Nathan said, Rebbi Eliezer does not declare it impure as drink; what did they disagree about? If some drink fell into it, then Rebbi Eliezer declares it impure as drink but the Sages say, it follows the majority.”

“ Pure heave olives should be made into oil, impure should not; grapes either pure or impure should not be processed [into wine], the words of Rebbi Meïr. Rebbi Jacob says in his name, Rebbi Eliezer and Rebbi Joshua did not disagree that pure olives should be processed; they disagreed about impure ones where Rebbi Eliezer says they should not be processed, but Rebbi Joshua said they should be processed, and pure grapes should be processed, but not impures ones. Rebbi Jehudah said, Rebbi Eliezer and Rebbi Joshua did not disagree that pure olives should be processed; they disagreed about impure ones where Rebbi Eliezer says they should not be processed, but Rebbi Joshua said they should be processed, and grapes should be processed, whether pure or impure. Rebbi (Joḥanan) said, Rebbi Eliezer and Rebbi Joshua did not disagree that pure olives should be processed and impure grapes should not be processed; they disagreed about impure olives and pure grapes where Rebbi Eliezer says they should not be processed, but Rebbi Joshua said they should be processed.” They all form a majority against Rebbi Meïr about pure grapes, that they should be processed. Why does he say, they should not be processed? They are more valuable as food than as drink. They all form a majority against Rebbi Jehudah about impure grapes, that they should not be processed. Why does he say, they should be processed? To be able to use seeds and skins. About impure olives, Rebbi and Rebbi Meïr form one group, Rebbi Jacob and Rebbi Jehudah another one. How does one act?

“ Pure heave olives should be made into oil, impure should not; grapes either pure or impure should not be processed [into wine], the words of Rebbi Meïr. Rebbi Jacob says in his name, Rebbi Eliezer and Rebbi Joshua did not disagree that pure olives should be processed; they disagreed about impure ones where Rebbi Eliezer says they should not be processed, but Rebbi Joshua said they should be processed, and pure grapes should be processed, but not impures ones. Rebbi Jehudah said, Rebbi Eliezer and Rebbi Joshua did not disagree that pure olives should be processed; they disagreed about impure ones where Rebbi Eliezer says they should not be processed, but Rebbi Joshua said they should be processed, and grapes should be processed, whether pure or impure. Rebbi (Joḥanan) said, Rebbi Eliezer and Rebbi Joshua did not disagree that pure olives should be processed and impure grapes should not be processed; they disagreed about impure olives and pure grapes where Rebbi Eliezer says they should not be processed, but Rebbi Joshua said they should be processed.” They all form a majority against Rebbi Meïr about pure grapes, that they should be processed. Why does he say, they should not be processed? They are more valuable as food than as drink. They all form a majority against Rebbi Jehudah about impure grapes, that they should not be processed. Why does he say, they should be processed? To be able to use seeds and skins. About impure olives, Rebbi and Rebbi Meïr form one group, Rebbi Jacob and Rebbi Jehudah another one. How does one act?

Rebbi Zeïra asked: Do Rebbi Joḥanan and Rebbi Simeon ben Laqish differ if it bites by itself but if he made it bite with his hand everybody agrees that biting is biblical? Even if you say that the disagreement arises if he made it bite with his hand, Rebbi Simeon ben Laqish sticks with his opinion since Rebbi Simeon ben Laqish said in the name of Ḥizqiah: ṭevel disappears in a plurality. Rebbi Yose ben Rebbi Nahorai said, ṭevel disappears in a plurality. Rebbi Joḥanan said, ṭevel does not disappear in a plurality. Rebbi Abba bar Mamal and Rebbi Hila brought a case before Rebbi Assi; they wanted to say that two form a majority against one. They had not heard that Rebbi Simon said in the name of Rebbi Joshua ben Levi that ṭevel does not disappear in a plurality. But did we not state: “Otherwise, he takes from one for all”? Rebbi Yose said, everybody agrees that he separates. Where do they differ? To worry about a second taking. For him who says ṭevel disappears in a plurality, if one lifted it out but if fell into another place, he does not worry to take it out a second time. For him who says ṭevel does not disappear in a plurality, if one lifted it out but if fell into another place, he worries to take it out a second time.

A buckthorn planted for buckthorn berries, a myrtle planted for myrtle berries, some Tannaïm stated: obligated, some Tannaïm stated: exempt. Rav Ḥisda said, he who said “obligated”, at a place where most are guarded; he who said “exempt”, at a place where the majority do not guard. Rebbi Yose asked, if it is at a place where most do guard why does he have to think, even if he did not think! Are we saying: Olive trees and fig trees only if the thinks about them? But even if one half do guard, one half do not guard! Rebbi Matthew understood this from the final statement: “At a place where the majority do not guard” even if he did not think it is exempt.

A buckthorn planted for buckthorn berries, a myrtle planted for myrtle berries, some Tannaïm stated: obligated, some Tannaïm stated: exempt. Rav Ḥisda said, he who said “obligated”, at a place where most are guarded; he who said “exempt”, at a place where the majority do not guard. Rebbi Yose asked, if it is at a place where most do guard why does he have to think, even if he did not think! Are we saying: Olive trees and fig trees only if the thinks about them? But even if one half do guard, one half do not guard! Rebbi Matthew understood this from the final statement: “At a place where the majority do not guard” even if he did not think it is exempt.

Rebbi Joḥanan said, pigments in pigments become insignificant in 200. Fluid dyes in fluid dyes by a majority.

Rebbi Abba bar Mamal said, the use of ‘orlah in Tiberias [is judged] by a majority. A Mishnah disagrees with Rebbi Abba bar Mamal: “A dish cooked with ‘orlah shells must be burned.” He explains it by a clay vessel among pots. Rebbi Yose said, does Rebbi Abba bar Mamal say that it is permitted to do so from the start? No, to correct the past. How is that? If it is enough to dye, you consider the permitted [dye] as nonexistent. The prohibited is enough to prohibit. If it is not enough to dye, you consider the permitted [dye] as nonexistent. The prohibited is not enough to prohibit.

MISHNAH: These are of the practices which were pronounced at the upper floor of Ḥananiah ben Ḥizqiah ben Garon, when they came to visit him. They voted and the House of Shammai had the majority over the House of Hillel; eighteen items they decided on that day.

It was stated, eighteen things they decided, in eighteen they were a majority and in eighteen they were divided. The following they decided: About Gentiles’ bread, and about their cheeses, and about their oil, and about their daughters, and about their semen, and about their urine, and about the rules of a person with an emission, and about the rules of the land of Gentiles. There we have stated: “The following make heave unusable. One who eats food impure in the first degree, and one who eats food impure in the second degree, and one who drinks impure drinks, and one who comes with his head and most of his body in drawn water, and a pure person on whose head and most of his body fell three log drawn water, and a scroll, and hands, and the Ṭevul yom, and food and vessels which became impure by fluids.”

The rabbis of Caesarea said, of those which they decided there were seven of those where they had a majority. The others are the following: A person being on the road when it gets dark gives his wallet to a Non-Jew. Similarly, the male sufferer from gonorrhea should not eat with a female sufferer from flux because of inducement to sin. All movables transmit impurity by the thickness of the yoke. How one harvests grapes on a broken field. One who puts vessels under the pipe. For six doubts one burns heave. Rebbi Yose ben Rebbi Abun said, also the growth of heave. The following they decided: the first ten and the remainder from what Rebbi Simeon ben Yoḥai stated: On that day they decided about their bread, and their cheeses, and their wine, and their vinegar, and their fish brine, and their muries, and their preserves, and their parboiled food, and their corned food, and on split grain, and on ground food, and on peeled barley, on their speech, and on their testimony, and on their gifts, on their sons, and on their daughters, and on their firstlings.

And who permitted it? Rebbi and his court permitted it. At three places is Rebbi Jehudah the Prince called “our teachers,” in divorce documents, oil, and a sole. They should have called him “a permissive court”, for any court which permits three [previously forbidden] things is called “permissive court.” Rebbi Yudan ben Rebbi Ismael said, his court disagreed with him about bills of divorce.Rebbi Joḥanan asked: Did we not state, “for no court may invalidate the words of another court unless it be greater in wisdom and numbers”? And Rebbi and his court permit what Daniel and his companions forbade? Rebbi Joḥanan follows his own opinion, for Rebbi Joḥanan said in the name of Rebbi Eleazar ben Rebbi Ṣadoq, I have a tradition that any restrictive edict passed by a court which is not accepted by the majority of the public is not an edict. They checked and found in the matter of the edict about oil and did not find that a majority of the public followed it.

And who permitted it? Rebbi and his court permitted it. At three places is Rebbi Jehudah the Prince called “our teachers,” in divorce documents, oil, and a sole. They should have called him “a permissive court”, for any court which permits three [previously forbidden] things is called “permissive court.” Rebbi Yudan ben Rebbi Ismael said, his court disagreed with him about bills of divorce.Rebbi Joḥanan asked: Did we not state, “for no court may invalidate the words of another court unless it be greater in wisdom and numbers”? And Rebbi and his court permit what Daniel and his companions forbade? Rebbi Joḥanan follows his own opinion, for Rebbi Joḥanan said in the name of Rebbi Eleazar ben Rebbi Ṣadoq, I have a tradition that any restrictive edict passed by a court which is not accepted by the majority of the public is not an edict. They checked and found in the matter of the edict about oil and did not find that a majority of the public followed it.

Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi: A willow basket full of pits is in a minimal amount. Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi: A willow basket full of pits, if they are collection, by their majority; if they are distributed, by the majority of each heap. Do they disagree? Here fat ones, there lean ones.

Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi: A willow basket full of pits is in a minimal amount. Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi: A willow basket full of pits, if they are collection, by their majority; if they are distributed, by the majority of each heap. Do they disagree? Here fat ones, there lean ones.

Rebbi Ḥelbo in the name of Rav Huna: A log and most of it by the majority of its circumference. What means by the majority of its circumference? At one place or at most of its entire surface area? It was found stated: Until it became unfit for work.

Rebbi Ḥelbo in the name of Rav Huna: A log and most of it by the majority of its circumference. What means by the majority of its circumference? At one place or at most of its entire surface area? It was found stated: Until it became unfit for work.

The colleagues in the name of Rebbi Eleazar: The first amphora following Rebbi Yose, the second following Rebbi Meïr. The colleagues say, the first amphora following Rebbi Yose but Rebbi Meïr will not agree; the second following Rebbi Meïr but Rebbi Yose will not agree. Rebbi Yose told them, be careful what you are saying. The first amphora following Rebbi Yose, but following Rebbi Meïr one burns and following Rebbi Simeon one burns. Then Rebbi Meïr and Rebbi Simeon should form a majority against Rebbi Yose and one should burn. In addition, we understand from the following: we see the rabbis, if a case comes before them, they say, go and suspend. Where do we find that Rebbi Simeon says, one burns? It is what we have stated: “Rebbi Eliezer and Rebbi Joshua agree that each of these is burned separately.” Rebbi Joḥanan said, Rebbi Simeon stated this. If you want to say that Rebbi Meïr does not recognize suspension, have we not stated: “Suspended (pure) heave is burned on Sabbath eve when it gets dark, the words of Rebbi Meïr; but the Sages say, at its appointed time.” Rebbi Ezra said before Rebbi Mana, explain it that it is suspended because he does not intend to ask about it. He said to him, so also said Rebbi Yose: All we are occupied with here is with suspended [heave] about which he does not intend to ask; but suspended [heave] about which he intends to ask is pure. It was stated thus: “Suspended heave about which they said, is it pure? It is impure. If he said, I am keeping it in order to ask about it, it is pure.” What about it? Rebbi Yose ben Rebbi Abun said, explain it if the doubt arose at sundown. Then one cannot infer anything.

MISHNAH: If the public or a majority of it were impure or the Cohanim were impure and the public pure, it should be brought in impurity. If a minority of the public were impure, the pure people make the first and the impure the second.

HALAKHAH: Who is the Tanna of “majority”? Rebbi Meïr, as it was stated: Either half of the tribes or half of each tribe, if only it be a majority. Rebbi Jehudah says, half of each tribe, but only a majority of entire tribes. One tribe drags all tribes. Rebbi Meïr says, all tribes are called “the public”. Rebbi Jehudah says, each single tribe is called “public”. What is between them? Dragging. Rebbi Meïr says, a single tribe does not drag all tribes, but Rebbi Jehudah says, one tribe drags all tribes. And Rebbi Jehudah follows Rebbi Simeon. Just as Rebbi Simeon said, one tribe drags all tribes, so Rebbi Jehudah says, one tribe drags all tribes. Even though Rebbi Jehudah says, one tribe drags all tribes, he agrees that only if the ruling came from the ashlar hall. Rebbi Yose said, the reason of that Tanna: From this place which the Eternal will choose. What is the reason of Rebbi Jehudah? The entire community of the Children of Israel will be forgiven. What is the reason of Rebbi Simeon? Since the entire people acted in error. How does Rebbi Simeon uphold Rebbi Jehudah’s reason, the entire community of the Children of Israel will be forgiven? Except women and children. How does Rebbi Jehudah uphold Rebbi Simeon’s reason, since the entire people acted in error? Except if the beginning was criminal and the conclusion in error. Rebbi Abun in the name of Rebbi Benjamin bar Levi: The verse supports him who said that each tribe is called “public”, as it is written: A people and a public of peoples will come from you, and Benjamin was not yet born. Rebbi Ḥiyya bar Abba said, just as they differ here, so they differ about impurity, as it was stated: If the public was half pure and half impure; pure [people] celebrate the first [Pesaḥ] and impure the second, the words of Rebbi Meïr. Rebbi Jehudah says, the pure ones celebrate for themselves, and the impure ones celebrate for themselves. They told him, there is no split Passover; either all celebrate in purity or all celebrate in impurity. Who is “they told him”? Rebbi Meïr. The argument of Rebbi Jehudah seems inverted, as we have stated there: “If one of the loaves or one of the orders became impure, Rebbi Jehudah said, both have to be brought to be burned for a public offering cannot be split. But the Sages say, the impure in its impurity, and the pure shall be eaten.” Rebbi Yose ben Rebbi Abun in the name of Rebbi Joḥanan: who is “they told him”? The Sages who argue like Rebbi Meïr.

HALAKHAH: Who is the Tanna of “majority”? Rebbi Meïr, as it was stated: Either half of the tribes or half of each tribe, if only it be a majority. Rebbi Jehudah says, half of each tribe, but only a majority of entire tribes. One tribe drags all tribes. Rebbi Meïr says, all tribes are called “the public”. Rebbi Jehudah says, each single tribe is called “public”. What is between them? Dragging. Rebbi Meïr says, a single tribe does not drag all tribes, but Rebbi Jehudah says, one tribe drags all tribes. And Rebbi Jehudah follows Rebbi Simeon. Just as Rebbi Simeon said, one tribe drags all tribes, so Rebbi Jehudah says, one tribe drags all tribes. Even though Rebbi Jehudah says, one tribe drags all tribes, he agrees that only if the ruling came from the ashlar hall. Rebbi Yose said, the reason of that Tanna: From this place which the Eternal will choose. What is the reason of Rebbi Jehudah? The entire community of the Children of Israel will be forgiven. What is the reason of Rebbi Simeon? Since the entire people acted in error. How does Rebbi Simeon uphold Rebbi Jehudah’s reason, the entire community of the Children of Israel will be forgiven? Except women and children. How does Rebbi Jehudah uphold Rebbi Simeon’s reason, since the entire people acted in error? Except if the beginning was criminal and the conclusion in error. Rebbi Abun in the name of Rebbi Benjamin bar Levi: The verse supports him who said that each tribe is called “public”, as it is written: A people and a public of peoples will come from you, and Benjamin was not yet born. Rebbi Ḥiyya bar Abba said, just as they differ here, so they differ about impurity, as it was stated: If the public was half pure and half impure; pure [people] celebrate the first [Pesaḥ] and impure the second, the words of Rebbi Meïr. Rebbi Jehudah says, the pure ones celebrate for themselves, and the impure ones celebrate for themselves. They told him, there is no split Passover; either all celebrate in purity or all celebrate in impurity. Who is “they told him”? Rebbi Meïr. The argument of Rebbi Jehudah seems inverted, as we have stated there: “If one of the loaves or one of the orders became impure, Rebbi Jehudah said, both have to be brought to be burned for a public offering cannot be split. But the Sages say, the impure in its impurity, and the pure shall be eaten.” Rebbi Yose ben Rebbi Abun in the name of Rebbi Joḥanan: who is “they told him”? The Sages who argue like Rebbi Meïr.

HALAKHAH: Who is the Tanna of “majority”? Rebbi Meïr, as it was stated: Either half of the tribes or half of each tribe, if only it be a majority. Rebbi Jehudah says, half of each tribe, but only a majority of entire tribes. One tribe drags all tribes. Rebbi Meïr says, all tribes are called “the public”. Rebbi Jehudah says, each single tribe is called “public”. What is between them? Dragging. Rebbi Meïr says, a single tribe does not drag all tribes, but Rebbi Jehudah says, one tribe drags all tribes. And Rebbi Jehudah follows Rebbi Simeon. Just as Rebbi Simeon said, one tribe drags all tribes, so Rebbi Jehudah says, one tribe drags all tribes. Even though Rebbi Jehudah says, one tribe drags all tribes, he agrees that only if the ruling came from the ashlar hall. Rebbi Yose said, the reason of that Tanna: From this place which the Eternal will choose. What is the reason of Rebbi Jehudah? The entire community of the Children of Israel will be forgiven. What is the reason of Rebbi Simeon? Since the entire people acted in error. How does Rebbi Simeon uphold Rebbi Jehudah’s reason, the entire community of the Children of Israel will be forgiven? Except women and children. How does Rebbi Jehudah uphold Rebbi Simeon’s reason, since the entire people acted in error? Except if the beginning was criminal and the conclusion in error. Rebbi Abun in the name of Rebbi Benjamin bar Levi: The verse supports him who said that each tribe is called “public”, as it is written: A people and a public of peoples will come from you, and Benjamin was not yet born. Rebbi Ḥiyya bar Abba said, just as they differ here, so they differ about impurity, as it was stated: If the public was half pure and half impure; pure [people] celebrate the first [Pesaḥ] and impure the second, the words of Rebbi Meïr. Rebbi Jehudah says, the pure ones celebrate for themselves, and the impure ones celebrate for themselves. They told him, there is no split Passover; either all celebrate in purity or all celebrate in impurity. Who is “they told him”? Rebbi Meïr. The argument of Rebbi Jehudah seems inverted, as we have stated there: “If one of the loaves or one of the orders became impure, Rebbi Jehudah said, both have to be brought to be burned for a public offering cannot be split. But the Sages say, the impure in its impurity, and the pure shall be eaten.” Rebbi Yose ben Rebbi Abun in the name of Rebbi Joḥanan: who is “they told him”? The Sages who argue like Rebbi Meïr.

In Rebbi Meïr’s opinion, how does one act if they are half and half? As majority or as minority? If you are saying as a majority, the pure persons cannot make the First. If you are saying as a minority, the impure persons cannot make the Second. Rebbi Yose said, he did not say that a majority of pure persons cannot make the First, a majority of impure persons cannot make the Second. He only said, a majority of impure persons is not pushed to the Second Pesaḥ.

In Rebbi Meïr’s opinion, how does one act if they are half and half? As majority or as minority? If you are saying as a majority, the pure persons cannot make the First. If you are saying as a minority, the impure persons cannot make the Second. Rebbi Yose said, he did not say that a majority of pure persons cannot make the First, a majority of impure persons cannot make the Second. He only said, a majority of impure persons is not pushed to the Second Pesaḥ.

In Rebbi Meïr’s opinion, how does one act if they are half and half? As majority or as minority? If you are saying as a majority, the pure persons cannot make the First. If you are saying as a minority, the impure persons cannot make the Second. Rebbi Yose said, he did not say that a majority of pure persons cannot make the First, a majority of impure persons cannot make the Second. He only said, a majority of impure persons is not pushed to the Second Pesaḥ.

In Rebbi Meïr’s opinion, how does one act if they are half and half? As majority or as minority? If you are saying as a majority, the pure persons cannot make the First. If you are saying as a minority, the impure persons cannot make the Second. Rebbi Yose said, he did not say that a majority of pure persons cannot make the First, a majority of impure persons cannot make the Second. He only said, a majority of impure persons is not pushed to the Second Pesaḥ.

In Rebbi Meïr’s opinion, how does one act if they are half and half? As majority or as minority? If you are saying as a majority, the pure persons cannot make the First. If you are saying as a minority, the impure persons cannot make the Second. Rebbi Yose said, he did not say that a majority of pure persons cannot make the First, a majority of impure persons cannot make the Second. He only said, a majority of impure persons is not pushed to the Second Pesaḥ.

If the public were one third sufferers from gonorrhea, one third impure, and one third pure. Rebbi Mana in the name of Ḥizqiah: The sufferers from gonorrhea and the impure form a majority against the pure and one brings in impurity. The sufferers from gonorrhea bring neither the First nor the Second. Rebbi Zeˋira said, they made the sufferer from gonorrhea like the apostate for ruling. As one says there, the apostate in matters of ruling neither adds nor subtracts, also here he neither adds nor subtracts.

Rebbi Immi in the name of Rebbi Simeon ben Laqish: For ruling they went after the population of the Land of Israel; for impurity they went after a majority of those entering the Temple courtyard. Does one estimate according to all groups or does one estimate only for the first group? Rebbi Yose ben Rebbi Abun said, they have to estimate by themselves as long as they are outside. Rebbi Joshua ben Levi said, for appearance they went from Lavo-Hamat to the Brook of Egypt. Rebbi Tanḥuma in the name of Rebbi Ḥuna: The reason of Rebbi Joshua ben Levi, At that time Solomon made the pilgrimage holiday, and all of Israel with him, etc.

Could they make spouts one on top of the other? Rebbi Jonah said, for the maximum day of the daily sacrifice. The top because of a vessel reduced in its majority. But is the lower not in the category of volume inside a vessel? Rebbi Joshua ben Levi said, a water canal was drawing from Etam, and the feet to the South were reduced in the size of pomegranates. Rebbi Simeon ben Carsana in the name of Rebbi Aḥa: The Sea was a place of immersion of the Cohanim, and the Sea for the Cohanim to wash in it. But was it not a vessel? A water canal was drawing from Etam, and the feet to the South were reduced in the size of pomegranates.

Rebbi Abun bar Ḥiyya said, Rebbi Eleazar asked: If of bulls and he-goats to be burned a limb left which completes a majority? His question implies that the matter depends on a majority. The following is obvious: If most of it left and after this a limb left which completes a majority. [This must be: It left limb by limb and after this a limb left which completes a majority..]

Rebbi Abun bar Ḥiyya said, Rebbi Eleazar asked: If of bulls and he-goats to be burned a limb left which completes a majority? His question implies that the matter depends on a majority. The following is obvious: If most of it left and after this a limb left which completes a majority. [This must be: It left limb by limb and after this a limb left which completes a majority..]

Rebbi Abun bar Ḥiyya said, Rebbi Eleazar asked: If of bulls and he-goats to be burned a limb left which completes a majority? His question implies that the matter depends on a majority. The following is obvious: If most of it left and after this a limb left which completes a majority. [This must be: It left limb by limb and after this a limb left which completes a majority..]

Rebbi Abun bar Ḥiyya said, Rebbi Eleazar asked: If of bulls and he-goats to be burned a limb left which completes a majority? His question implies that the matter depends on a majority. The following is obvious: If most of it left and after this a limb left which completes a majority. [This must be: It left limb by limb and after this a limb left which completes a majority..]

“A person who pays the sheqel for a poor person,” etc. Rebbi Eleazar said, only if they counted lambs against rams and rams against lambs, but if they counted lambs against lambs and rams against rams, it was his part from the first hour. Rebbi Joḥanan said, even if they counted lambs against lambs and rams against rams, they are like buyers, as we have stated there: “The buyer or recipient of a gift is not liable for animal tithe. Rebbi Ḥizkiah said that Rebbi Jeremiah asked: And why are we not saying that sometimes they are liable for both and sometimes they are not liable for either. How is this done? If they distributed the properties and afterwards distributed the animals they are liable for both. If they distributed the animals and afterwards distributed the properties they are not liable for either. Rebbi Mana said, this holds only if the animals were not a majority, but if the animals were a majority they form the main property. Rebbi Abun said that Rebbi Shammai asked: Because you made them like one person for animal tithe, you made them not liable for agios? He said to him, no. There is a difference because he is giving a complete tetradrachma. Then even if they distributed and then formed a partnership, they should be liable for animal tithe and not liable for the agio. But we have stated, “they are liable for the agio, not liable for animal tithe.” Rebbi Abba in the name of Abba bar Rav Huna it is the same for two brothers inheriting from their father or two brothers-in-law inheriting from their father-in-law.

“A person who pays the sheqel for a poor person,” etc. Rebbi Eleazar said, only if they counted lambs against rams and rams against lambs, but if they counted lambs against lambs and rams against rams, it was his part from the first hour. Rebbi Joḥanan said, even if they counted lambs against lambs and rams against rams, they are like buyers, as we have stated there: “The buyer or recipient of a gift is not liable for animal tithe. Rebbi Ḥizkiah said that Rebbi Jeremiah asked: And why are we not saying that sometimes they are liable for both and sometimes they are not liable for either. How is this done? If they distributed the properties and afterwards distributed the animals they are liable for both. If they distributed the animals and afterwards distributed the properties they are not liable for either. Rebbi Mana said, this holds only if the animals were not a majority, but if the animals were a majority they form the main property. Rebbi Abun said that Rebbi Shammai asked: Because you made them like one person for animal tithe, you made them not liable for agios? He said to him, no. There is a difference because he is giving a complete tetradrachma. Then even if they distributed and then formed a partnership, they should be liable for animal tithe and not liable for the agio. But we have stated, “they are liable for the agio, not liable for animal tithe.” Rebbi Abba in the name of Abba bar Rav Huna it is the same for two brothers inheriting from their father or two brothers-in-law inheriting from their father-in-law.

Rebbi Crispus in the name of Rebbi Yose ben Rebbi Ḥanina: If they were strung they are permitted. Ten stores, nine sell carrion and one sells kosher slaughtered meat, if it was switched, he worries. For what is found, one follows the majority. Ten stores, nine sell kosher slaughtered meat and one sells carrion, if it was switched, he worries. For what is found, one follows the majority.

Rebbi Crispus in the name of Rebbi Yose ben Rebbi Ḥanina: If they were strung they are permitted. Ten stores, nine sell carrion and one sells kosher slaughtered meat, if it was switched, he worries. For what is found, one follows the majority. Ten stores, nine sell kosher slaughtered meat and one sells carrion, if it was switched, he worries. For what is found, one follows the majority.

A roast kid goat was found in the main street of Gufta. They permitted it because of two things, as a find, and because of the majority of passers-by. As a find, as it was stated: If one saves from before a lion, from before an army, from a surge of the sea, or the surge of a river, from a wide road, or a wide plaza, it belongs to him, since the owners give up on them. Because of the majority of passers-by, because of a Gentile’s slaughter. It turned out that it was from the House of Rebbi.

A roast kid goat was found in the main street of Gufta. They permitted it because of two things, as a find, and because of the majority of passers-by. As a find, as it was stated: If one saves from before a lion, from before an army, from a surge of the sea, or the surge of a river, from a wide road, or a wide plaza, it belongs to him, since the owners give up on them. Because of the majority of passers-by, because of a Gentile’s slaughter. It turned out that it was from the House of Rebbi.

A wheel of cheese was found in the hostelry of Levi. They permitted it because of two things, as a find, and because of the majority of passers-by. As a find, as it was stated: If one saves from before a lion, from before an army, from a surge of the sea, or the surge of a river, from a wide road, or a wide plaza, it belongs to him, since the owners give up on them. Because of the majority of passers-by, because of Gentile’s cheese. It turned out that it was from Rebbi Eleazar ben Rebbi Yose.

A wheel of cheese was found in the hostelry of Levi. They permitted it because of two things, as a find, and because of the majority of passers-by. As a find, as it was stated: If one saves from before a lion, from before an army, from a surge of the sea, or the surge of a river, from a wide road, or a wide plaza, it belongs to him, since the owners give up on them. Because of the majority of passers-by, because of Gentile’s cheese. It turned out that it was from Rebbi Eleazar ben Rebbi Yose.

HALAKHAH: The elder Rebbi Hoshaia said (more)<to his son>` this was taught for their monetary value. Rebbi Joḥanan said to him, does one say to a person, go and commit larceny with sacrifices? But they followed the majority of cases: If most are male, they are elevation offerings, if most are female, well-being offerings. But do not well-being offerings come from males and females? What does he do? He redeems them as profane and then turns them into elevation offerings. Rebbi Ze`ira said, it is a stipulation by the court that all redundant animals should be brought as elevation offerings, so it is a stipulation by the court that lost animals should be brought as elevation offerings. Rebbi Yose said to Rebbi Jacob bar Aḥa, is that not intentional misuse? He said to him, since it is a stipulation by the court, it is not intentional misuse.

There, we have stated: “About rural pans, that they are pure in a tent with a corpse but impure if carried by a person afflicted with gonorrhea. Rebbi Eleazar ben Rebbi Ṣadoq says, even if carried by a person afflicted with gonorrhea they are pure since their production was not finished.” It turns out that the minority opinion here corresponds to the majority opinion there and the minority opinion there corresponds to the majority opinion here.

There, we have stated: “About rural pans, that they are pure in a tent with a corpse but impure if carried by a person afflicted with gonorrhea. Rebbi Eleazar ben Rebbi Ṣadoq says, even if carried by a person afflicted with gonorrhea they are pure since their production was not finished.” It turns out that the minority opinion here corresponds to the majority opinion there and the minority opinion there corresponds to the majority opinion here.

Rebbi Ze`ira in the name of Rebbi Ḥanina: What should the great men of a generation do since the public is judged only according to its majority? So we find that during the 38 years during which Israel were as in a ban, He did not speak with Moses, as it is said: It was when all the warriors finished dying from inside the camp. What is written next? The Eternal spoke to me to give orders. Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: What should the great men of a generation do since the public is judged only according to its majority? So we find that if Israel had not said, The Eternal is the supreme power, the Eternal is the supreme power, no fire would have come down from heaven and burned the sacrifices.

Rebbi Ze`ira in the name of Rebbi Ḥanina: What should the great men of a generation do since the public is judged only according to its majority? So we find that during the 38 years during which Israel were as in a ban, He did not speak with Moses, as it is said: It was when all the warriors finished dying from inside the camp. What is written next? The Eternal spoke to me to give orders. Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: What should the great men of a generation do since the public is judged only according to its majority? So we find that if Israel had not said, The Eternal is the supreme power, the Eternal is the supreme power, no fire would have come down from heaven and burned the sacrifices.

They wanted to excommunicate Rebbi Eliezer. They said, who will go and inform him? Rebbi Aqiba said, I shall go and inform him. He went to him and said to him, my teacher, my teacher, your colleagues are excommunicating you. He took him outside, saying: Carob tree, carob tree, if practice has to follow their words, be uprooted. It was not uprooted. If practice has to follow my words, be uprooted. It was uprooted. If practice has to follow their words, turn back. It did not turn back. If practice has to follow my words, turn back. It turned back. All these extraordinary happenings and practice do not follow Rebbi Eliezer. Rebbi Ḥanina said, when it was given, it also was given to follow the majority opinion. [Did Rebbi Eliezer not know that practice has to follow the majority opinion?] He was offended only because they burned his food prepared in purity in his presence. There we have stated: “If it was cut into strips and sand was placed between any two strips, Rebbi Eliezer declares pure but the Sages declare impure. This is the Ḥakhinai oven.” Rebbi Jeremiah said, a big itching was happening on that day: Everything on which Rebbi Eliezer gazed was burned. Not only that, but a grain of wheat might have been half burned and half not burned, and the walls of the house of assembly were weakened. Rebbi Joshua said to them, if colleagues are fighting, what does this concern you? There came an unembodied voice and said, practice follows My son Eliezer. Rebbi Joshua said, it is not in Heaven. Rebbi Crispus, Rebbi Joḥanan in the name of Rebbi: If a person would say to me, that is how Rebbi Eliezer stated, I am stating following his words since the Tannaïm switch. Once he was walking in public and he saw a woman when sweeping her house throwing it out, it fell on his head. He said, it seems that today my colleagues are befriending me, for it is written: He lifts the downtrodden from the dung heap.

They wanted to excommunicate Rebbi Eliezer. They said, who will go and inform him? Rebbi Aqiba said, I shall go and inform him. He went to him and said to him, my teacher, my teacher, your colleagues are excommunicating you. He took him outside, saying: Carob tree, carob tree, if practice has to follow their words, be uprooted. It was not uprooted. If practice has to follow my words, be uprooted. It was uprooted. If practice has to follow their words, turn back. It did not turn back. If practice has to follow my words, turn back. It turned back. All these extraordinary happenings and practice do not follow Rebbi Eliezer. Rebbi Ḥanina said, when it was given, it also was given to follow the majority opinion. [Did Rebbi Eliezer not know that practice has to follow the majority opinion?] He was offended only because they burned his food prepared in purity in his presence. There we have stated: “If it was cut into strips and sand was placed between any two strips, Rebbi Eliezer declares pure but the Sages declare impure. This is the Ḥakhinai oven.” Rebbi Jeremiah said, a big itching was happening on that day: Everything on which Rebbi Eliezer gazed was burned. Not only that, but a grain of wheat might have been half burned and half not burned, and the walls of the house of assembly were weakened. Rebbi Joshua said to them, if colleagues are fighting, what does this concern you? There came an unembodied voice and said, practice follows My son Eliezer. Rebbi Joshua said, it is not in Heaven. Rebbi Crispus, Rebbi Joḥanan in the name of Rebbi: If a person would say to me, that is how Rebbi Eliezer stated, I am stating following his words since the Tannaïm switch. Once he was walking in public and he saw a woman when sweeping her house throwing it out, it fell on his head. He said, it seems that today my colleagues are befriending me, for it is written: He lifts the downtrodden from the dung heap.

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

HALAKHAH: “if she says ‘my husband died’,” etc. Gidul bar Miniamin in the name of Rav: Anywhere they accepted the testimony of a woman parallel to that of a man, a man can contradict a woman and a woman can contradict a man. Then one should state: “A witness says that he died, and a woman says that he did not die; a woman said that he died and a witness said that he did not die.” In the House of Rebbi they stated it this way. It was stated in the name of Rebbi Neḥemiah: One follows the majority of the testimonies. How is that? Two women against one woman they considered as if there were two witnesses against one witness. What you say refers to a woman and women. But if there were a hundred women against one [male] witness, they are like one witness.

“And because he stole three steals, his father’s opinion, the court’s opinion, and Israel’s opinion.” His father’s opinion, as it is written: “It was after forty years.” David himself did not rule more than forty years, and here, it says so? But it is from the time that Israel demanded a king. “For your servant made a vow.” He said to him, what else do you want? He said to him, write me a tablet that two men should go with me. He said to him, tell me whom you want and I shall write. He said to him, write it to open and I shall take whom I want. He wrote it open. He went and added two people each until he had added 200 people. That is what is written, “with Absalom went 200 invited people from Jerusalem, going in their simplicity.” Invited, from David. Going in their simplicity, of Absalom. “They did not know anything,” of Aḥitophel’s counsel. Rebbi Huna in the name of Rebbi Aḥa: They all were presiding judges. Then they saw the things. They went to change sides. They said: Master of all universes: Let us fall in David’s hand and do not let fall David in our hands! For if we fall in David’s hand, he will have mercy on us. But if, Heaven forbid, David would fall in our hands, we would not have mercy on him. That is what David said, “He saved me in peace from my confidant, for the majority were with me!” “The court’s opinion”. “And Absalom said, who would make me the judge of the land.” “So Absalom would act.” “And Israel’s opinion.” Absalom insinuated himself with the men of Israel.”

HALAKHAH: “There would now be an argument de minore ad majus for the first testimony,” etc. Gidul bar Miniamin in the name of Rav: Anywhere they accepted the testimony of a woman parallel to that of a man, a man can contradict a woman and a woman can contradict a man. Then one should state: “A witness says that she became impure, and a woman says that she did not become impure; a woman said that she became impure and a witness said that she did not become impure.” In the House of Rebbi they stated it this way. It was stated in the name of Rebbi Neḥemiah: One follows the majority of the testimonies. How is that? Two women against one woman they considered as if there were two witnesses against one witness. What you say refers to a woman and women. But if there were a hundred women against one [male] witness, they are like one witness.

Why does the verse say: “and the half of it”? This teaches that a minority was on Mount Gerizim and a majority on Mount Ebal. Why? Because the tribe of Levi was not completely there. For if the tribe of Levi had been completely there, they would have been equal. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: If the tribe of Levi had been completely there, they would not have been equal. Why? Since already 24’000 had fallen at Shiṭṭim from the tribe of Simeon. Rebbi Yose ben Rebbi Abun said, if the tribe of Levi had been completely there, they would have been equal. Why? Because from the tribes of Reuben and Gad only 40’000 front line troops came there.

Rebbi Simeon ben Laqish said, in the Jordan they accepted the secret matters. Joshua told them, if you do not accept the secret matters, the waters will come and sweep you away. Rebbi Simon bar Zabida said, that is correct. You should know that this is so, for Akhan sinned and the majority of the Synhedrion fell at Ai. Rebbi Levi said, at Jabneh the rope was untied; there came a disembodied voice and said: You have nothing to do with secret matters.

HALAKHAH: Gidul bar Benjamin in the name of Rav: Anywhere they accepted the testimony of a woman parallel to that of a man, a man can contradict a woman and a woman can contradict a man. One should state: “A witness says that he saw the murderer, and a woman says that she did not see; a woman said that he saw and a witness said that he did not see,” as it was stated in the name of Rebbi Neḥemiah: One follows the majority of the testimonies. How is that? Two women against one woman they considered as if there were two witnesses against one witness. What you say refers to a woman and women. But if there were a hundred women against one [male] witness, they are like one witness.

Rebbi Jacob bar Aḥa in the name of Rebbi Joshia: Practice follows Rabban Gamliel and Rebbi Eliezer since two form a majority against one. Rebbi Yose asked: If it is practice, why two? And if two, why practice? Would that mean if Rebbi Joḥanan would hold with Rebbi Joshua that practice would not follow Rabban Gamliel and Rebbi Eliezer but Rebbi Joshua? What about it? It is a testimony for which a woman in empowered. They wanted to say, when does Rebbi Joshua disagree with these rabbis? At a place where most are disabling, but at a place where most are qualified, even Rebbi Joshua will agree. There came Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, Rebbi Hila in the name of Rebbi Eleazar: There is disagreement even at a place where most are qualified. Does Rebbi Joshua think that immorality runs after the disabling? Rebbi Ze‘ira said, a baraita stated that even qualified people whore, as it was stated: Even the most pious man cannot be appointed guardian for illicit sex.

Rebbi Hila said in the name of Rebbi Yannai: He cohabited with her inside of Sepphoris. Rebbi Abba in the name of Rebbi Yannai: If he was seen coming out of Sepphoris and he cohabited, the presumption is that he disqualifies since he cohabited there. What about a thoroughfare? Rebbi Jeremiah bar Abba, Rebbi Yose says: By a majority. The force of Rebbi Jeremiah comes from the following which Rebbi Ḥiyya had said in the name of Rebbi Joḥanan: If a wall fell in a dead-end street populated by Gentiles, but where one Jew lived, one digs there because of the Jew; but in a thoroughfare one follows the majority. And what is the interpretation of what Rebbi Abba said in the name of Rebbi Yannai, if he was seen coming out of Sepphoris and he cohabited, the presumption is that he is disqualified since he cohabited there? In the opinion of Rebbi Jeremiah, if one saw him coming out of a house. In the opinion of Rebbi Yose, even in a thoroughfare. If Sepphoris was locked. Rebbi Yose says, until there is proof. But here, Rebbi Yose says, by a majority! The force of Rebbi Yose comes from the following, which Rebbi Ze‘ira had said: Rebbi [Ḥiyya] (Yose) in the name of Rebbi Joḥanan: If his [box] (bread) was exchanged at the miller’s, if it was established that an am haäreẓ gave [grain] to be milled there that day, he has to worry; otherwise, he does not have to worry. Should he not worry? What is the difference between this and the Saracens? Was it not stated: “If a group of Saracens one day provisioned themselves from forbidden supplies, then that day becomes a proof for all days.” It is impossible for Saracens not to supply themselves. But here it was not established that the am haäreẓ was milling there that day. And here, I am saying that the disqualified person went to draw water only that day, and one has to worry. And here, Rebbi Hila said in the name of Rebbi Yannai: He cohabited with her inside of Sepphoris. And here, Rebbi Abba said in the name of Rebbi Yannai: If he was seen coming out of Sepphoris and he cohabited, the presumption is that he is disqualified since he cohabited there.

Rebbi Hila said in the name of Rebbi Yannai: He cohabited with her inside of Sepphoris. Rebbi Abba in the name of Rebbi Yannai: If he was seen coming out of Sepphoris and he cohabited, the presumption is that he disqualifies since he cohabited there. What about a thoroughfare? Rebbi Jeremiah bar Abba, Rebbi Yose says: By a majority. The force of Rebbi Jeremiah comes from the following which Rebbi Ḥiyya had said in the name of Rebbi Joḥanan: If a wall fell in a dead-end street populated by Gentiles, but where one Jew lived, one digs there because of the Jew; but in a thoroughfare one follows the majority. And what is the interpretation of what Rebbi Abba said in the name of Rebbi Yannai, if he was seen coming out of Sepphoris and he cohabited, the presumption is that he is disqualified since he cohabited there? In the opinion of Rebbi Jeremiah, if one saw him coming out of a house. In the opinion of Rebbi Yose, even in a thoroughfare. If Sepphoris was locked. Rebbi Yose says, until there is proof. But here, Rebbi Yose says, by a majority! The force of Rebbi Yose comes from the following, which Rebbi Ze‘ira had said: Rebbi [Ḥiyya] (Yose) in the name of Rebbi Joḥanan: If his [box] (bread) was exchanged at the miller’s, if it was established that an am haäreẓ gave [grain] to be milled there that day, he has to worry; otherwise, he does not have to worry. Should he not worry? What is the difference between this and the Saracens? Was it not stated: “If a group of Saracens one day provisioned themselves from forbidden supplies, then that day becomes a proof for all days.” It is impossible for Saracens not to supply themselves. But here it was not established that the am haäreẓ was milling there that day. And here, I am saying that the disqualified person went to draw water only that day, and one has to worry. And here, Rebbi Hila said in the name of Rebbi Yannai: He cohabited with her inside of Sepphoris. And here, Rebbi Abba said in the name of Rebbi Yannai: If he was seen coming out of Sepphoris and he cohabited, the presumption is that he is disqualified since he cohabited there.

Rebbi Hila said in the name of Rebbi Yannai: He cohabited with her inside of Sepphoris. Rebbi Abba in the name of Rebbi Yannai: If he was seen coming out of Sepphoris and he cohabited, the presumption is that he disqualifies since he cohabited there. What about a thoroughfare? Rebbi Jeremiah bar Abba, Rebbi Yose says: By a majority. The force of Rebbi Jeremiah comes from the following which Rebbi Ḥiyya had said in the name of Rebbi Joḥanan: If a wall fell in a dead-end street populated by Gentiles, but where one Jew lived, one digs there because of the Jew; but in a thoroughfare one follows the majority. And what is the interpretation of what Rebbi Abba said in the name of Rebbi Yannai, if he was seen coming out of Sepphoris and he cohabited, the presumption is that he is disqualified since he cohabited there? In the opinion of Rebbi Jeremiah, if one saw him coming out of a house. In the opinion of Rebbi Yose, even in a thoroughfare. If Sepphoris was locked. Rebbi Yose says, until there is proof. But here, Rebbi Yose says, by a majority! The force of Rebbi Yose comes from the following, which Rebbi Ze‘ira had said: Rebbi [Ḥiyya] (Yose) in the name of Rebbi Joḥanan: If his [box] (bread) was exchanged at the miller’s, if it was established that an am haäreẓ gave [grain] to be milled there that day, he has to worry; otherwise, he does not have to worry. Should he not worry? What is the difference between this and the Saracens? Was it not stated: “If a group of Saracens one day provisioned themselves from forbidden supplies, then that day becomes a proof for all days.” It is impossible for Saracens not to supply themselves. But here it was not established that the am haäreẓ was milling there that day. And here, I am saying that the disqualified person went to draw water only that day, and one has to worry. And here, Rebbi Hila said in the name of Rebbi Yannai: He cohabited with her inside of Sepphoris. And here, Rebbi Abba said in the name of Rebbi Yannai: If he was seen coming out of Sepphoris and he cohabited, the presumption is that he is disqualified since he cohabited there.

“And everything found is judged by a majority.” In difficult cases the rabbis compare this to crawling things, as it was stated: “Nine frogs and one crawling thing in a private domain, if somebody touched one of them and it is not known which one he touched, in doubt he is impure. If he transferred to the public domain and touched, in doubt he is pure. If he returned to the private domain and touched, in doubt he is impure. And for what is found one follows the majority.” Rav Ḥisda said, no valiant person can find his hands. Rebbi Immi said, praise to Him Who chose them and their words; do not compare this to a private domain but to the public domain! As it was stated: “Nine crawling things and one frog between them in the public domain, if somebody touched one of them and it is not known which one he touched, in doubt he is pure. If he transferred to a private domain and touched, in doubt he is impure. If he returned to the public domain and touched, in doubt he is pure. And for what is found one follows the majority.” Rav Ḥisda said, no valiant person can find his hands. Rebbi Immi said, praise to Him Who chose them and their words; is the spring of Sepphoris not public domain? Rebbi Yose said, since the two could be alone together it is treated as private domain.

“And everything found is judged by a majority.” In difficult cases the rabbis compare this to crawling things, as it was stated: “Nine frogs and one crawling thing in a private domain, if somebody touched one of them and it is not known which one he touched, in doubt he is impure. If he transferred to the public domain and touched, in doubt he is pure. If he returned to the private domain and touched, in doubt he is impure. And for what is found one follows the majority.” Rav Ḥisda said, no valiant person can find his hands. Rebbi Immi said, praise to Him Who chose them and their words; do not compare this to a private domain but to the public domain! As it was stated: “Nine crawling things and one frog between them in the public domain, if somebody touched one of them and it is not known which one he touched, in doubt he is pure. If he transferred to a private domain and touched, in doubt he is impure. If he returned to the public domain and touched, in doubt he is pure. And for what is found one follows the majority.” Rav Ḥisda said, no valiant person can find his hands. Rebbi Immi said, praise to Him Who chose them and their words; is the spring of Sepphoris not public domain? Rebbi Yose said, since the two could be alone together it is treated as private domain.

“And everything found is judged by a majority.” In difficult cases the rabbis compare this to crawling things, as it was stated: “Nine frogs and one crawling thing in a private domain, if somebody touched one of them and it is not known which one he touched, in doubt he is impure. If he transferred to the public domain and touched, in doubt he is pure. If he returned to the private domain and touched, in doubt he is impure. And for what is found one follows the majority.” Rav Ḥisda said, no valiant person can find his hands. Rebbi Immi said, praise to Him Who chose them and their words; do not compare this to a private domain but to the public domain! As it was stated: “Nine crawling things and one frog between them in the public domain, if somebody touched one of them and it is not known which one he touched, in doubt he is pure. If he transferred to a private domain and touched, in doubt he is impure. If he returned to the public domain and touched, in doubt he is pure. And for what is found one follows the majority.” Rav Ḥisda said, no valiant person can find his hands. Rebbi Immi said, praise to Him Who chose them and their words; is the spring of Sepphoris not public domain? Rebbi Yose said, since the two could be alone together it is treated as private domain.

Should one follow the majority, and most women are married as virgins. Say then that she was married as a virgin! This implies that in criminal cases and in money matters one does not apply a majority argument. There, we have stated: “If an ox gored a cow and one finds her fetus beside her.” Do most cows have miscarriages? Say therefore that the goring induced the miscarriage. Rebbi Abbahu said, this implies that in criminal cases and in money matters one does not apply a majority argument. Rebbi Abun said, in one case they applied a majority argument, as Rebbi Aḥa stated: If a camel was in heat among camels and one finds one of them dead, I am saying that the one in heat bit it.

Should one follow the majority, and most women are married as virgins. Say then that she was married as a virgin! This implies that in criminal cases and in money matters one does not apply a majority argument. There, we have stated: “If an ox gored a cow and one finds her fetus beside her.” Do most cows have miscarriages? Say therefore that the goring induced the miscarriage. Rebbi Abbahu said, this implies that in criminal cases and in money matters one does not apply a majority argument. Rebbi Abun said, in one case they applied a majority argument, as Rebbi Aḥa stated: If a camel was in heat among camels and one finds one of them dead, I am saying that the one in heat bit it.

Should one follow the majority, and most women are married as virgins. Say then that she was married as a virgin! This implies that in criminal cases and in money matters one does not apply a majority argument. There, we have stated: “If an ox gored a cow and one finds her fetus beside her.” Do most cows have miscarriages? Say therefore that the goring induced the miscarriage. Rebbi Abbahu said, this implies that in criminal cases and in money matters one does not apply a majority argument. Rebbi Abun said, in one case they applied a majority argument, as Rebbi Aḥa stated: If a camel was in heat among camels and one finds one of them dead, I am saying that the one in heat bit it.

Should one follow the majority, and most women are married as virgins. Say then that she was married as a virgin! This implies that in criminal cases and in money matters one does not apply a majority argument. There, we have stated: “If an ox gored a cow and one finds her fetus beside her.” Do most cows have miscarriages? Say therefore that the goring induced the miscarriage. Rebbi Abbahu said, this implies that in criminal cases and in money matters one does not apply a majority argument. Rebbi Abun said, in one case they applied a majority argument, as Rebbi Aḥa stated: If a camel was in heat among camels and one finds one of them dead, I am saying that the one in heat bit it.

Rebbi Jacob bar Idi, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: It turns out that the minority opinion here is the majority opinion there and vice-versa. As it was stated: “One who makes a vow to abstain from meat is forbidden all kinds of meat, is forbidden head, feet, neck, heart, and liver. But he is permitted fish meat and grasshoppers. In this vein, Rabban Simeon ben Gamliel said, intestines are not meat and those who eat them are not humans.”

Ben Azai preached: “A dead fly will permanently spoil perfumer’s oil.” Does not one dead fly spoil perfumer’s oil? And this person by one sin spoiled all merits he had. Rebbi Aqiba preached: “ So the abyss opened wide and its mouth swallowed the one without law.” It does not say “without laws”, but “without law”, him who has not a single merit that should help him on the scale of merit. That is, for the Future World. But in this world, even if 999 angels plead for his conviction and one angel pleads for his acquittal, the Holy One, praise to Him, lends His weight to the scale of merit. What is the reason? “If there is for him one angel out of a thousand, to tell a man his straightness. He will act with him in grace and say, let him be redeemed, not go down to destruction; I found weregilt.” Rebbi Joḥanan said, if you find a saying of Rebbi Eliezer, son of Rebbi Yose the Galilean, bend your ear like this funnel and listen, since Rebbi Joḥanan reported that Rebbi Eliezer, the son of Rebbi Yose the Galilean, said: Even if 999 angles plead for his conviction and one angel pleads for his acquittal, the Holy One, praise to Him, lends His weight to the scale of merit. Not only this entire angel, but if 999 aspects of that angel plead for conviction and one aspect for acquittal, the Holy One, praise to Him, lends His weight to the scale of merit. What is the reason? It does not say, “if there is for him one angel of a thousand,” but “one out of a thousand”, one aspect out of a thousand aspects of that angel. What is written afterwards? “He will act with him in grace and say, let him be hurt, not go down to destruction; I found weregilt.” “Let him be hurt,” by suffering. “I found weregilt,” he found means to redeem himself. That is, in this world. But in the Future World, if he has a majority of merits, he inherits paradise; a majority of sins, he inherits hell. If he was 50–50. Rebbi Yose ben Ḥanina said, “he carries his iniquity.” Rebbi Abbahu said, it is written: “He carries.” What does the Holy One, praise to Him, do? He grabs one of his demerits, and the merits decide. Rebbi Eleazar said: “You, Eternal, are acting in grace, for You will complete for everybody according to his deeds.” And if he has none, You will give him from Yours. That is Rebbi Eleazar’s opinion, for Rebbi Eleazar said, “You, Eternal, are acting in grace,” this teaches that He turns to the aspect of grace.

Ben Azai preached: “A dead fly will permanently spoil perfumer’s oil.” Does not one dead fly spoil perfumer’s oil? And this person by one sin spoiled all merits he had. Rebbi Aqiba preached: “ So the abyss opened wide and its mouth swallowed the one without law.” It does not say “without laws”, but “without law”, him who has not a single merit that should help him on the scale of merit. That is, for the Future World. But in this world, even if 999 angels plead for his conviction and one angel pleads for his acquittal, the Holy One, praise to Him, lends His weight to the scale of merit. What is the reason? “If there is for him one angel out of a thousand, to tell a man his straightness. He will act with him in grace and say, let him be redeemed, not go down to destruction; I found weregilt.” Rebbi Joḥanan said, if you find a saying of Rebbi Eliezer, son of Rebbi Yose the Galilean, bend your ear like this funnel and listen, since Rebbi Joḥanan reported that Rebbi Eliezer, the son of Rebbi Yose the Galilean, said: Even if 999 angles plead for his conviction and one angel pleads for his acquittal, the Holy One, praise to Him, lends His weight to the scale of merit. Not only this entire angel, but if 999 aspects of that angel plead for conviction and one aspect for acquittal, the Holy One, praise to Him, lends His weight to the scale of merit. What is the reason? It does not say, “if there is for him one angel of a thousand,” but “one out of a thousand”, one aspect out of a thousand aspects of that angel. What is written afterwards? “He will act with him in grace and say, let him be hurt, not go down to destruction; I found weregilt.” “Let him be hurt,” by suffering. “I found weregilt,” he found means to redeem himself. That is, in this world. But in the Future World, if he has a majority of merits, he inherits paradise; a majority of sins, he inherits hell. If he was 50–50. Rebbi Yose ben Ḥanina said, “he carries his iniquity.” Rebbi Abbahu said, it is written: “He carries.” What does the Holy One, praise to Him, do? He grabs one of his demerits, and the merits decide. Rebbi Eleazar said: “You, Eternal, are acting in grace, for You will complete for everybody according to his deeds.” And if he has none, You will give him from Yours. That is Rebbi Eleazar’s opinion, for Rebbi Eleazar said, “You, Eternal, are acting in grace,” this teaches that He turns to the aspect of grace.

There, we have stated: “An animal that is found as from Jerusalem to Migdal-Eder in every direction.” The elder Rebbi Hoshaia said, this was taught for their monetary value. Rebbi Joḥanan said to him, does one say to a person, go and commit larceny with sacrifices? But in every case they followed the majority of cases: If most are male, they are elevation offerings, if most are female, well-being offerings. But do not well-being offerings come from males and females? What does he do? He redeems them as profane and then turns them into elevation offerings. This is difficult. Can a purification offering become an elevation offering? Rebbi Ḥanina said, it is a stipulation by the court that all redundant animals should be brought as elevation offerings. Rebbi Yose said to Rebbi Jacob bar Ḥama, is that not intentional [misuse]? He said to him, since it is a stipulation by the court, it is not intentional [misuse]. Rebbi Ze‘ira said, as you say there, it is a stipulation by the court that lost animals should be brought as elevation offerings.

HALAKHAH: “A bull gored a cow”, etc. Do all cows have miscarriages? Should we follow the majority of cases? This implies that in criminal cases and in money matters one does not apply a majority argument. Rebbi Yose said, in another case they applied a majority argument in criminal cases and in money matters, as Rebbi Aḥa stated: “If a camel was in heat among camels and one finds one of them dead, I am saying that certainly the one in heat killed it.”

HALAKHAH: “A bull gored a cow”, etc. Do all cows have miscarriages? Should we follow the majority of cases? This implies that in criminal cases and in money matters one does not apply a majority argument. Rebbi Yose said, in another case they applied a majority argument in criminal cases and in money matters, as Rebbi Aḥa stated: “If a camel was in heat among camels and one finds one of them dead, I am saying that certainly the one in heat killed it.”

HALAKHAH: “A bull gored a cow”, etc. Do all cows have miscarriages? Should we follow the majority of cases? This implies that in criminal cases and in money matters one does not apply a majority argument. Rebbi Yose said, in another case they applied a majority argument in criminal cases and in money matters, as Rebbi Aḥa stated: “If a camel was in heat among camels and one finds one of them dead, I am saying that certainly the one in heat killed it.”

HALAKHAH: “If somebody says to another: I am selling you a bet kor of dust,” etc. Rebbi Yasa said in the name of Rebbi Joḥanan: Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it is in the middle, it is measured, at the side it is not measured. What is a side and what is in the middle? In the House of Rebbi Yannai they said, any place surrounded by a ploughed area is in the middle; any place not surrounded by a ploughed area is to the side. Rebbi Yose came in the name of Rebbi Joḥanan: If it was a majority on one side, but if you spread it, it becomes a smaller part, and it is measured with it. How wide? Rebbi Ḥaggai said, up to four cubits. Rebbi Yose ben Rebbi Abun said, up to ten handbreadths. If there was a depression ten handbreadths deep but less than four wide, what is the rule? Let us hear from the following, what Rebbi Yasa said in the name of Rebbi Joḥanan: “Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it was split, it is measured with it.” This means that if the greater part of it was on one side, but if you spread it, it becomes the smaller part and is not measured with it. If there was a long depression which added up to a bet rova‘? Rebbi Ḥiyya bar Abba asked: If it was shaped like sticks, is it measured with it or not? Rebbi Yudan bar Ismael asked: If it was like marble plates, is it measured with it or not? Rebbi Isaac bar Tebelai asked: If it was formed like chairs, does he measure from the place of its wall or does he measure from its declivity? Rav Huna in the name of Rav, [Rebbi] Ḥiyya in the name of Rebbi Joḥanan: Only if the total agricultural area was four bet kor.

Rebbi Abbahu asked. According to Rebbi, should not civil suits be heard by five; should sentence not be passed by 23? It was found stated by (Rebbi) Ḥizqiah: Since the Torah said, kill by a vote of the majority, kill by the testimony of witnesses. Since witnesses must be two, a majority also must be two. No court can be even-numbered; one adds another one. This makes five.

Rebbi Abbahu asked. According to Rebbi, should not civil suits be heard by five; should sentence not be passed by 23? It was found stated by (Rebbi) Ḥizqiah: Since the Torah said, kill by a vote of the majority, kill by the testimony of witnesses. Since witnesses must be two, a majority also must be two. No court can be even-numbered; one adds another one. This makes five.

MISHNAH: The High Synhedrion had 71 members and a lower one 23 members. From where that the High Court has 71 members? For it is said: Assemble for me 70 men of the Elders of Israel, and Moses was presiding, that makes 71. Rebbi Jehudah says, 70. From where that a lower court has 23 members? For it is said, the congregation shall judge, the congregation shall save. One congregation judges, one congregation saves, this makes twenty. And from where that a congregation consists of ten persons? As it is said, how long this evil congregation, without Joshua and Caleb. From where that one adds another three? From the interpretation of what is said, do not follow the majority to be unfavorable, I understand that He said, follow them to be favorable. Then why was it said, to bend after the majority? Your bending to be favorable is not equal to your bending to be unfavorable. Your bending to be favorable shall be by one [vote] (witness), your bending to be unfavorable shall be by two. Since no court may be even-numbered, one adds another one to obtain 23. How many people shall live in a town that it may have a criminal court? 120. Rebbi Nehemiah said 230, that they might be commanders over tens.

MISHNAH: The High Synhedrion had 71 members and a lower one 23 members. From where that the High Court has 71 members? For it is said: Assemble for me 70 men of the Elders of Israel, and Moses was presiding, that makes 71. Rebbi Jehudah says, 70. From where that a lower court has 23 members? For it is said, the congregation shall judge, the congregation shall save. One congregation judges, one congregation saves, this makes twenty. And from where that a congregation consists of ten persons? As it is said, how long this evil congregation, without Joshua and Caleb. From where that one adds another three? From the interpretation of what is said, do not follow the majority to be unfavorable, I understand that He said, follow them to be favorable. Then why was it said, to bend after the majority? Your bending to be favorable is not equal to your bending to be unfavorable. Your bending to be favorable shall be by one [vote] (witness), your bending to be unfavorable shall be by two. Since no court may be even-numbered, one adds another one to obtain 23. How many people shall live in a town that it may have a criminal court? 120. Rebbi Nehemiah said 230, that they might be commanders over tens.

“From where that one adds another three, etc. It was stated: Rabban Simeon ben Gamliel said, in earlier times the ketubah of qualified women was signed only by priests, Levites, or Israel whose daughters were qualified to marry into the priesthood. Rebbi Yose said, in earlier times there was no disagreement in Israel but the Synhedrion of 71 members were sitting in the free-stone hall; two courts of three members each were sitting, one in the glacis and one on the Temple Mount; and a court of 23 was sitting in every town of the Land of Israel. If somebody had a question of religious practice, he went and asked it from the court in his town. If they had heard [the answer], they told him; otherwise he and their distinguished member went and asked a court in their neighborhood. If these had heard [the answer], they told him; otherwise he and their distinguished member went and asked from the court on the Temple Mount. If these had heard [the answer], they told him; otherwise he and their distinguished member went and asked from the court on the glacis. If these had heard [the answer], they told him; otherwise they together entered the High Court in the free-stone hall since from there instruction came accepted in all of Israel, as it is said: From this place which the Eternal will choose. Even though the Synhedrion in the free-stone hall had 71 members, those present never numbered less than 23. If one of them had to leave, he was looking around; if 23 others were present, he would leave, otherwise he would not leave. They were in session from the daily morning sacrifice to the daily evening sacrifice. On Sabbaths and holidays, they were sitting in the study hall on the Temple Mount. If a question of practice came up, if they had heard the answer, they told them; otherwise they prepared to vote. If a majority was for acquitting, they acquitted. If a majority was for a guilty verdict, they rendered a verdict of guilty. If a majority was for declaring pure, they declared pure. If a majority was for declaring impure, they declared impure. From the time that there were many students of Shammai and Hillel who did not study enough under their teachers, many disagreements arose and two doctrines developed. From there, they were sending to all towns in the Land of Israel; any time they found a person who was wise, meek, even-tempered, benevolent, pleasing, humble, good-hearted, with good intentions, and well endowed, they were placing him on the court of the Temple Mount, from there to the court on the glacis, and from there to the High Court in the free-stone hall.

“From where that one adds another three, etc. It was stated: Rabban Simeon ben Gamliel said, in earlier times the ketubah of qualified women was signed only by priests, Levites, or Israel whose daughters were qualified to marry into the priesthood. Rebbi Yose said, in earlier times there was no disagreement in Israel but the Synhedrion of 71 members were sitting in the free-stone hall; two courts of three members each were sitting, one in the glacis and one on the Temple Mount; and a court of 23 was sitting in every town of the Land of Israel. If somebody had a question of religious practice, he went and asked it from the court in his town. If they had heard [the answer], they told him; otherwise he and their distinguished member went and asked a court in their neighborhood. If these had heard [the answer], they told him; otherwise he and their distinguished member went and asked from the court on the Temple Mount. If these had heard [the answer], they told him; otherwise he and their distinguished member went and asked from the court on the glacis. If these had heard [the answer], they told him; otherwise they together entered the High Court in the free-stone hall since from there instruction came accepted in all of Israel, as it is said: From this place which the Eternal will choose. Even though the Synhedrion in the free-stone hall had 71 members, those present never numbered less than 23. If one of them had to leave, he was looking around; if 23 others were present, he would leave, otherwise he would not leave. They were in session from the daily morning sacrifice to the daily evening sacrifice. On Sabbaths and holidays, they were sitting in the study hall on the Temple Mount. If a question of practice came up, if they had heard the answer, they told them; otherwise they prepared to vote. If a majority was for acquitting, they acquitted. If a majority was for a guilty verdict, they rendered a verdict of guilty. If a majority was for declaring pure, they declared pure. If a majority was for declaring impure, they declared impure. From the time that there were many students of Shammai and Hillel who did not study enough under their teachers, many disagreements arose and two doctrines developed. From there, they were sending to all towns in the Land of Israel; any time they found a person who was wise, meek, even-tempered, benevolent, pleasing, humble, good-hearted, with good intentions, and well endowed, they were placing him on the court of the Temple Mount, from there to the court on the glacis, and from there to the High Court in the free-stone hall.

“From where that one adds another three, etc. It was stated: Rabban Simeon ben Gamliel said, in earlier times the ketubah of qualified women was signed only by priests, Levites, or Israel whose daughters were qualified to marry into the priesthood. Rebbi Yose said, in earlier times there was no disagreement in Israel but the Synhedrion of 71 members were sitting in the free-stone hall; two courts of three members each were sitting, one in the glacis and one on the Temple Mount; and a court of 23 was sitting in every town of the Land of Israel. If somebody had a question of religious practice, he went and asked it from the court in his town. If they had heard [the answer], they told him; otherwise he and their distinguished member went and asked a court in their neighborhood. If these had heard [the answer], they told him; otherwise he and their distinguished member went and asked from the court on the Temple Mount. If these had heard [the answer], they told him; otherwise he and their distinguished member went and asked from the court on the glacis. If these had heard [the answer], they told him; otherwise they together entered the High Court in the free-stone hall since from there instruction came accepted in all of Israel, as it is said: From this place which the Eternal will choose. Even though the Synhedrion in the free-stone hall had 71 members, those present never numbered less than 23. If one of them had to leave, he was looking around; if 23 others were present, he would leave, otherwise he would not leave. They were in session from the daily morning sacrifice to the daily evening sacrifice. On Sabbaths and holidays, they were sitting in the study hall on the Temple Mount. If a question of practice came up, if they had heard the answer, they told them; otherwise they prepared to vote. If a majority was for acquitting, they acquitted. If a majority was for a guilty verdict, they rendered a verdict of guilty. If a majority was for declaring pure, they declared pure. If a majority was for declaring impure, they declared impure. From the time that there were many students of Shammai and Hillel who did not study enough under their teachers, many disagreements arose and two doctrines developed. From there, they were sending to all towns in the Land of Israel; any time they found a person who was wise, meek, even-tempered, benevolent, pleasing, humble, good-hearted, with good intentions, and well endowed, they were placing him on the court of the Temple Mount, from there to the court on the glacis, and from there to the High Court in the free-stone hall.

“From where that one adds another three, etc. It was stated: Rabban Simeon ben Gamliel said, in earlier times the ketubah of qualified women was signed only by priests, Levites, or Israel whose daughters were qualified to marry into the priesthood. Rebbi Yose said, in earlier times there was no disagreement in Israel but the Synhedrion of 71 members were sitting in the free-stone hall; two courts of three members each were sitting, one in the glacis and one on the Temple Mount; and a court of 23 was sitting in every town of the Land of Israel. If somebody had a question of religious practice, he went and asked it from the court in his town. If they had heard [the answer], they told him; otherwise he and their distinguished member went and asked a court in their neighborhood. If these had heard [the answer], they told him; otherwise he and their distinguished member went and asked from the court on the Temple Mount. If these had heard [the answer], they told him; otherwise he and their distinguished member went and asked from the court on the glacis. If these had heard [the answer], they told him; otherwise they together entered the High Court in the free-stone hall since from there instruction came accepted in all of Israel, as it is said: From this place which the Eternal will choose. Even though the Synhedrion in the free-stone hall had 71 members, those present never numbered less than 23. If one of them had to leave, he was looking around; if 23 others were present, he would leave, otherwise he would not leave. They were in session from the daily morning sacrifice to the daily evening sacrifice. On Sabbaths and holidays, they were sitting in the study hall on the Temple Mount. If a question of practice came up, if they had heard the answer, they told them; otherwise they prepared to vote. If a majority was for acquitting, they acquitted. If a majority was for a guilty verdict, they rendered a verdict of guilty. If a majority was for declaring pure, they declared pure. If a majority was for declaring impure, they declared impure. From the time that there were many students of Shammai and Hillel who did not study enough under their teachers, many disagreements arose and two doctrines developed. From there, they were sending to all towns in the Land of Israel; any time they found a person who was wise, meek, even-tempered, benevolent, pleasing, humble, good-hearted, with good intentions, and well endowed, they were placing him on the court of the Temple Mount, from there to the court on the glacis, and from there to the High Court in the free-stone hall.

MISHNAH: When they have come to a decision, they bring the parties in. The chief judge says, Mr. X, you are not guilty, Mr. X, you are guilty. From where that afterwards, one may not say, I had found for you but my colleagues found you guilty, but what can I do since they were a majority against me? On such a one it was said: The gossip uncovers secrets.

HALAKHAH: “Civil suits are decided,” etc. Rebbi Yannai said, if the Torah had been given decided, no foot could stand. What is the reason? The Eternal spoke to Moses. He said before Him: Master of the Universe, inform me what is the practice. He told him, to bend after the majority. If there was a majority for acquitting, they acquitted; if there was a majority for convicting, they convicted; so that the Torah could be explained in 49 ways impure and 49 ways pure, the numerical value of ודגלו. And so it says: the commands of the Eternal are pure sayings; molten silver in an earthenware crucible, refined sevenfold. And it says, the straightforward love You.

HALAKHAH: “Civil suits are decided,” etc. Rebbi Yannai said, if the Torah had been given decided, no foot could stand. What is the reason? The Eternal spoke to Moses. He said before Him: Master of the Universe, inform me what is the practice. He told him, to bend after the majority. If there was a majority for acquitting, they acquitted; if there was a majority for convicting, they convicted; so that the Torah could be explained in 49 ways impure and 49 ways pure, the numerical value of ודגלו. And so it says: the commands of the Eternal are pure sayings; molten silver in an earthenware crucible, refined sevenfold. And it says, the straightforward love You.

HALAKHAH: “Civil suits are decided,” etc. Rebbi Yannai said, if the Torah had been given decided, no foot could stand. What is the reason? The Eternal spoke to Moses. He said before Him: Master of the Universe, inform me what is the practice. He told him, to bend after the majority. If there was a majority for acquitting, they acquitted; if there was a majority for convicting, they convicted; so that the Torah could be explained in 49 ways impure and 49 ways pure, the numerical value of ודגלו. And so it says: the commands of the Eternal are pure sayings; molten silver in an earthenware crucible, refined sevenfold. And it says, the straightforward love You.

A majority of merits and a minority of transgressions: they let him pay for the minority of transgressions in this world in order to give him his complete recompense in the Future World. A majority of transgressions and a minority of merits: they give him the reward for his merits in this world in order to make him pay completely in the Future World.

A majority of merits and a minority of transgressions: they let him pay for the minority of transgressions in this world in order to give him his complete recompense in the Future World. A majority of transgressions and a minority of merits: they give him the reward for his merits in this world in order to make him pay completely in the Future World.

MISHNAH: The people of a seduced town have no part in the World to Come, as it is said: Useless menleft your midstand seduced the inhabitants of their town as follows. Therefore they cannot be executed unless the seducers be from that town and from that tribe, unless the majority was seduced, unless the seducers were men. If women or minors seduced them, or if a minority were seduced, they are single individuals and need two witnesses and warning for each single one. This is more stringent for individuals than for the multitude since individuals are stoned, therefore their money escapes while the multitude is executed by the sword, therefore their money is lost.

HALAKHAH: “The people of a seduced town,” etc. A town but not a village, a town but not a fortified place. This means, from five to ten, the words of Rebbi Meïr; Rebbi Jehudah says, from one hundred up to a majority of the tribe. If two seduced two, is it possible to try the two who had seduced two both as seducers and as seduced? If there were proselytes and residents, are they counted for the majority? If there were menageries for wild animals, birds, or fish; birds flying higher than ten [handbreadths], what are the rules?

HALAKHAH: “The people of a seduced town,” etc. A town but not a village, a town but not a fortified place. This means, from five to ten, the words of Rebbi Meïr; Rebbi Jehudah says, from one hundred up to a majority of the tribe. If two seduced two, is it possible to try the two who had seduced two both as seducers and as seduced? If there were proselytes and residents, are they counted for the majority? If there were menageries for wild animals, birds, or fish; birds flying higher than ten [handbreadths], what are the rules?

HALAKHAH: “I am putting an oath on you,” etc. It was stated: Rebbi Yose the Galilean says, why does the verse say, and he is a witness, or saw, or knew, etc.? I said this only for testimony which may be accepted about knowing without seeing, or seeing without knowing. How is knowing without seeing in monetary claims? “Give me my 200 zuz which you are holding.” “I do not have anything of yours.” “But did you not confess before X and Y”? “They should testify and I shall pay.” This refers to knowing without seeing. They came and said, whether he confessed to him or whether he robbed him, we do not know. Whether he gave him a loan we do not know. How is seeing without knowing in monetary claims? “Give me my 200 zuz which you are holding.” “I do not have anything of yours.” “But did I not count them for you in a meeting with X and Y”? “They should testify and I shall pay.” This refers to seeing without knowing. They came and said, whether he counted for him or whether he robbed him, we do not know. Whether he took a loan from him, we do not know. “Give me the fine for my daughter which you owe me.” But he says, “I never in my life was found liable for a fine.” Witnesses testify that he was found liable for a fine, but we do not know whether the fine was for his daughter or the fine for another woman. “You raped or you seduced my daughter.” But he says, “I never in my life did rape or seduce a woman.” Witnesses testify that he raped a woman, but we do not know whether it was his daughter or another woman. “You killed my ox and cut down my orchard.” But he says, “I do not know.” He is liable. “You told me to kill and cut down,” one follows the majority of orchards. What means, one follows the majority of orchards? Rebbi Ḥaggai said, if his ox was goring, he would have told him; if the orchard was barren, he would have told him. Rebbi Yudan said, in matters of monetary claims, since he may tell him, you told me to kill and cut down, even if he told him “I did not kill, I did not cut down,” he is not liable.

HALAKHAH: “I am putting an oath on you,” etc. It was stated: Rebbi Yose the Galilean says, why does the verse say, and he is a witness, or saw, or knew, etc.? I said this only for testimony which may be accepted about knowing without seeing, or seeing without knowing. How is knowing without seeing in monetary claims? “Give me my 200 zuz which you are holding.” “I do not have anything of yours.” “But did you not confess before X and Y”? “They should testify and I shall pay.” This refers to knowing without seeing. They came and said, whether he confessed to him or whether he robbed him, we do not know. Whether he gave him a loan we do not know. How is seeing without knowing in monetary claims? “Give me my 200 zuz which you are holding.” “I do not have anything of yours.” “But did I not count them for you in a meeting with X and Y”? “They should testify and I shall pay.” This refers to seeing without knowing. They came and said, whether he counted for him or whether he robbed him, we do not know. Whether he took a loan from him, we do not know. “Give me the fine for my daughter which you owe me.” But he says, “I never in my life was found liable for a fine.” Witnesses testify that he was found liable for a fine, but we do not know whether the fine was for his daughter or the fine for another woman. “You raped or you seduced my daughter.” But he says, “I never in my life did rape or seduce a woman.” Witnesses testify that he raped a woman, but we do not know whether it was his daughter or another woman. “You killed my ox and cut down my orchard.” But he says, “I do not know.” He is liable. “You told me to kill and cut down,” one follows the majority of orchards. What means, one follows the majority of orchards? Rebbi Ḥaggai said, if his ox was goring, he would have told him; if the orchard was barren, he would have told him. Rebbi Yudan said, in matters of monetary claims, since he may tell him, you told me to kill and cut down, even if he told him “I did not kill, I did not cut down,” he is not liable.

לֹא תְחָנֵּֽם do not give them free gifts. But was it not stated: “It happened that Rabban Gamliel was walking on the road and saw a loaf of bread thrown on the road. He said to his slave Tabi, pick up this loaf. He saw a Gentile coming towards him and said to him, Mabgai, take this loaf. Rebbi Illai ran after him and asked him, what is your name? He told him, Mabgai. From where are you? He told him, from the guard-tower villages. Did Rabban Gamliel ever come to know you?, He told him, no. Rabban Gamliel had it right by the Holy Spirit. We learned from him three things. We learned that one does not pass over food. And that leavened matter of a Gentile is permitted immediately after Passover. And that one follows the majority of travelers.” Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: That is, in earlier times. But today we pass over edibles because of sorcery.

Rebbi Hoshaia said, why do we not explain it according to everybody, as Rav Huna said in the name of Rav: They weighed for me my (sheqels) [wages], thirty pieces of silver. These are the thirty commandments which the descendants of Noah will take upon themselves in the future. But the rabbis say, there are the 30 just persons which the world never will be lacking, as Rebbi Naḥman said in the name of Rebbi Mana, the world cannot be with less than 30 just men like our father Abraham. What is the reason? Abraham will certainly be, the numerical value of יהיה is 30. Sometimes the majority are in Babylonia and the minority in the Land of Israel; sometimes the majority are in the Land of Israel and the minority in Babylonia. It is a good sign for the world if most of them are in the Land. Rebbi Ḥiyya bar Julianus in the name of Rebbi Hoshaia: In the future the descendants of Noah will take all commandments upon themselves. What is the reason? Then I shall transform Gentiles’ purified lips. But at the end they will renege on it. What is the reason? Let us break their chains, and throw from us their ropes! That is the commandment of phylacteries; that is the commandment of ṣiṣit.