minor

If one lowered wheels or the gear of oxen into water at the time of the hot east wind in order that they might become tightened, this comes under the law of ‘if water be put’. If one took down a beast to drink, the water which came up on its mouth comes under the law of ‘if water be put’, but that which came up on its feet does not come under the law of ‘if water be put’. If he intended that its feet should be washed, even the water that came up on its feet comes under the law of ‘if water be put’. At the time of footsoreness or of threshing it always causes susceptibility to uncleanness. If a deaf-mute, an imbecile or a minor took it down, even though his intention was that its feet should be washed, it does not come under the law of ‘if water be put’, because with these the act alone counts, but not the intention.

One who carries his produce up to the roof because of maggots, and dew came down upon it, it does not come under the law of ‘if water be put’; But if he intended for this to happen, it does come under the law of ‘if water be put’. If a deaf-mute, or a person not of sound senses, or a minor carried it up, although he expected that dew should come down upon it, it does not come under the law of ‘if water be put’, because with these the act alone counts, but not the intention.

All persons become unclean through zivah, even converts, even slaves whether freed or not, a deaf-mute, a person of unsound senses, and a minor, a eunuch whether [he had been castrated] by man, or was a eunuch from [the time of seeing] the sun. With regard to a tumtum and an androgynous [person], they place upon him the stringencies for a man and the stringencies for a woman: they defile through blood like a woman, and through eggy [substance] like a man. Their uncleanness still remains in doubt.

He who has had a seminal emission is like one who has touched a dead sheretz. And one who has had sex with a menstruant is like one who has suffered corpse uncleanness. But one who has had sex with a menstruant is more stringent in that he conveys minor grades of uncleanness to what he lies or sits upon, so as to make foods and liquids unclean.

If one had collected hallah [portions] with the intention of keeping them separate, but in the meantime they had become stuck together: Bet Shammai say: they are connected in the case of a tevul yom. But Bet Hillel say: they are not connected. Pieces of dough [of terumah] that had become stuck together, Or loaves that had become joined, or one who bakes a batter-cake on top of another batter-cake before it could form a crust in the oven, or the froth on the water that was bubbling, or the first scum that rises when boiling groats of beans, or the scum of new wine (r. Judah says: also that of rice): Bet Shammai say: they are connected in the case of a tevul yom. But Bet Hillel say: they are not connected. They agree [that they serve as connectives] if they come into contact with other kinds of uncleanness, whether they be of minor or major grades.

Liquids that come out of a tevul yom are like those which he has touched: neither of them causes defilement. With regard to all others that are unclean, be they of minor or major [degree], the liquids that come out of them are like those they touch; both have first degree impurity. Except for liquid that is a "father of impurity."

Water in which the baker dips his loaves is invalid; but if he moistened his hands in the water it is valid. All are fit to pour water over the hands, even a deaf-mute, an imbecile, or a minor. A person may place the jug between his knees and pour out the water, or he may turn the jug on its side and pour it out. A monkey may pour water over the hands. Rabbi Yose declares these [latter] two cases invalid.

Rebbi Yose asked, which rabbis? The rabbis here or the rabbis in the South? If you say the rabbis of here, it is fine. If you would say the rabbis from the South, would he have asked minor authorities when greater ones were before him? If you say the rabbis of the South, some of them would allow and some of them would forbid, as we have stated: “At a place where it is customary to bathe after a funeral, one may bathe; in the South one bathes.” Rebbi Yose bar Abun said: He who permits that bath makes it like eating and drinking.

It is stated: In truth, they said a woman may say Grace for her husband, a slave for his master, and a minor for his father. Did not Rebbi Aḥa say in the name of Rebbi Yose bar Nahoraï: All they said about a minor is for the latter’s education? Explain it that he recites after him, as we stated there: “He for whom a slave, a woman, or a minor were reading it, repeats after them what they are saying, and may it be a curse for him. In truth, they said there should be a curse on the man of twenty years who needs the child of ten.”

It is stated: In truth, they said a woman may say Grace for her husband, a slave for his master, and a minor for his father. Did not Rebbi Aḥa say in the name of Rebbi Yose bar Nahoraï: All they said about a minor is for the latter’s education? Explain it that he recites after him, as we stated there: “He for whom a slave, a woman, or a minor were reading it, repeats after them what they are saying, and may it be a curse for him. In truth, they said there should be a curse on the man of twenty years who needs the child of ten.”

It is stated: In truth, they said a woman may say Grace for her husband, a slave for his master, and a minor for his father. Did not Rebbi Aḥa say in the name of Rebbi Yose bar Nahoraï: All they said about a minor is for the latter’s education? Explain it that he recites after him, as we stated there: “He for whom a slave, a woman, or a minor were reading it, repeats after them what they are saying, and may it be a curse for him. In truth, they said there should be a curse on the man of twenty years who needs the child of ten.”

Rebbi Aḥa and Rebbi Judah ben Pazy were sitting in a synagogue. One came and stood before the arc and forgot one benediction. They went and asked Rebbi Simon. Rebbi Simon said to them in the name of Rebbi Joshua ben Levi: One does not remove an emissary of the congregation who forgot two or three benedictions. They found a formulation that made a difference: One does not remove him for anything except if he did not say “He Who revives the dead”, “He Who subdues evildoers”, “He Who builds Jerusalem;” I say that he is a sectarian. Samuel Minor stood before the ark and forgot “He Who subdues evildoers.” At the end he started looking at them. They said to him, the Sages did not take you as a yardstick.

HALAKHAH: Rebbi Simon in the name of Rebbi Joshua ben Levi, Rebbi Yose ben Shaul in the name of Rebbi: One makes a minor an appendix for ten. But did we not state: One does not investigate a minor? Rebbi Yose said, one confirms Rebbi Simon, Rebbi Ḥanina, Rebbi Simon in the name of Rebbi Joshua ben Levi: it is needed for two minors; if he is a minor, one considers him doubtful, if he is doubtful, one considers him certain. Rebbi Yehudah ben Pazi in the name of Rebbi Yose: nine that look like ten, does one “invite” only those that are certain? Also if a minor was among them?

HALAKHAH: Rebbi Simon in the name of Rebbi Joshua ben Levi, Rebbi Yose ben Shaul in the name of Rebbi: One makes a minor an appendix for ten. But did we not state: One does not investigate a minor? Rebbi Yose said, one confirms Rebbi Simon, Rebbi Ḥanina, Rebbi Simon in the name of Rebbi Joshua ben Levi: it is needed for two minors; if he is a minor, one considers him doubtful, if he is doubtful, one considers him certain. Rebbi Yehudah ben Pazi in the name of Rebbi Yose: nine that look like ten, does one “invite” only those that are certain? Also if a minor was among them?

HALAKHAH: Rebbi Simon in the name of Rebbi Joshua ben Levi, Rebbi Yose ben Shaul in the name of Rebbi: One makes a minor an appendix for ten. But did we not state: One does not investigate a minor? Rebbi Yose said, one confirms Rebbi Simon, Rebbi Ḥanina, Rebbi Simon in the name of Rebbi Joshua ben Levi: it is needed for two minors; if he is a minor, one considers him doubtful, if he is doubtful, one considers him certain. Rebbi Yehudah ben Pazi in the name of Rebbi Yose: nine that look like ten, does one “invite” only those that are certain? Also if a minor was among them?

HALAKHAH: Rebbi Simon in the name of Rebbi Joshua ben Levi, Rebbi Yose ben Shaul in the name of Rebbi: One makes a minor an appendix for ten. But did we not state: One does not investigate a minor? Rebbi Yose said, one confirms Rebbi Simon, Rebbi Ḥanina, Rebbi Simon in the name of Rebbi Joshua ben Levi: it is needed for two minors; if he is a minor, one considers him doubtful, if he is doubtful, one considers him certain. Rebbi Yehudah ben Pazi in the name of Rebbi Yose: nine that look like ten, does one “invite” only those that are certain? Also if a minor was among them?

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

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

Rebbi Zeïra said: Rebbi Eleazar (about one’s friend), Rebbi Joḥanan, and Rebbi Joshua ben Levi said the same thing. Rebbi Eleazar, as Rebbi Zeïra said in the name of Rebbi Eleazar: A man may acquire a find for his friend. Rebbi Joḥanan, as we have stated there (Mishnah Baba Meẓiah 1:5): “The finds of his minor sons and daughters, of his Gentile slaves and slave girls, and of his wife, belong to him. The finds of his adult sons and daughters, of his Jewish slaves and slave girls, and of his divorced wife in case that he had not yet paid her ketubah, belong to them. Rebbi Joḥanan said, if they are not dependents. But if they are dependent on their father, their finds belong to him. Rebbi Joshua ben Levi, as Rebbi Joshua ben Levi said: They disagree about a rich owner. But if the owner is poor, since he has the right to take it, the other person acquired it.

A Mishnah disagrees with him who says that he who may take may acquire, since we have stated: “Give this divorce document to my wife …,” because he may receive the divorce document of his minor daughter. “And the document of manumission to my slave …,” since he may receive his own document of manumission. But did we not state: “Receive this divorce document for my wife or bring this divorce document to my wife; if he wants to change his mind … he may not do so.” Is a slave empowered to bring a divorce document? Explain it by different cases.

Ḥiyya ben Rebbi Abun in the name of Rebbi Joḥanan: One does not remove from fellowship a ḥaver who went outside the Land. Hence, a minor does not need to be brought close.

Rebbi Abun and the rabbis asked before Rebbi Zeïra, does a symbolic fence save in a sukkah? He said to them, a symbolic fence saves in a sukkah. Does the end of the roofing save in a sukkah? He said to them, the end of the roofing does not save in a sukkah. What is the difference between them? One is made for the purpose, the other one is not made for the purpose. Rebbi Abbahu said, all these things are for discussion’s sake, but as far as teaching, it is forbidden to teach it. If this is forbidden for the minor commandment of sukkah, so much more for the strict commandment of Sabbath!

MISHNAH: Five [persons] cannot give heave and if they gave it is not heave: the deaf and dumb, the insane, the minor, and one who gives heave from what is not his. The Gentile who gave heave for a Jew’s property, even with the latter’s authorization his heave is not heave. A deaf person who speaks but cannot hear should not give heave, but if he did, his heave is heave. A “deaf person” mentioned anywhere by the Sages is a deaf-mute. Rebbi Jehudah says, the heave given by a minor who has not yet grown two pubic hairs is heave. Rebbi Yose says, before he came to the time of vows, his heave is not heave. After he has reached the time of vows, his heave is heave.

MISHNAH: Five [persons] cannot give heave and if they gave it is not heave: the deaf and dumb, the insane, the minor, and one who gives heave from what is not his. The Gentile who gave heave for a Jew’s property, even with the latter’s authorization his heave is not heave. A deaf person who speaks but cannot hear should not give heave, but if he did, his heave is heave. A “deaf person” mentioned anywhere by the Sages is a deaf-mute. Rebbi Jehudah says, the heave given by a minor who has not yet grown two pubic hairs is heave. Rebbi Yose says, before he came to the time of vows, his heave is not heave. After he has reached the time of vows, his heave is heave.

HALAKHAH: “Five [persons] cannot give heave,” etc. Rebbi Samuel bar Naḥman understood all of these from here (Ex. 25:2–3): “Speak to the Children of Israel that they should give heave for Me”, excluding the Gentile, “from every man”, excluding the minor, “whose intention is to volunteer”, excluding the deaf-mute and the insane. “The following is the heave you shall accept from them”, except from one who gives heave for what is not his.

Should not their action be proof of their intentions? As we have stated there: “If a deaf-mute, insane, or minor person brought them up, they are not under the category of ‘when given’ because they have action but no intention.” What is their action? Rebbi Ḥuna said, when he grabs it while full of dew. We also have stated there: “If a deaf-mute, insane, or minor person brought them down, even if he thought that [his animals’] feet should be doused, it is not under the category of ‘when given’ because they have action but no intention.” What is their action? Rebbi Ḥuna said, when he rubs them with water. We should also say here, let their action be proof of their intentions! Rebbi Samuel, Rebbi Abbahu, in the name of Rebbi Joḥanan; Rebbi Zeïra in the name of the rabbis (Num. 18:27): “Your heave will be credited to you.” When thought is mentioned in the verse, his action cannot prove his intentions; when thought is not mentioned in the verse, his action can prove his intentions. Since here thought is mentioned in the verse, his action cannot prove his intentions.

Should not their action be proof of their intentions? As we have stated there: “If a deaf-mute, insane, or minor person brought them up, they are not under the category of ‘when given’ because they have action but no intention.” What is their action? Rebbi Ḥuna said, when he grabs it while full of dew. We also have stated there: “If a deaf-mute, insane, or minor person brought them down, even if he thought that [his animals’] feet should be doused, it is not under the category of ‘when given’ because they have action but no intention.” What is their action? Rebbi Ḥuna said, when he rubs them with water. We should also say here, let their action be proof of their intentions! Rebbi Samuel, Rebbi Abbahu, in the name of Rebbi Joḥanan; Rebbi Zeïra in the name of the rabbis (Num. 18:27): “Your heave will be credited to you.” When thought is mentioned in the verse, his action cannot prove his intentions; when thought is not mentioned in the verse, his action can prove his intentions. Since here thought is mentioned in the verse, his action cannot prove his intentions.

Rebbi Yose said, I questioned before Samuel: But with bills of divorce, thought is not written and his action cannot prove his intention! As we have stated: “Everybody is permitted to write a bill of divorce, even an insane person, a deaf-mute, and a minor.” Rebbi Huna said, if a sane person directs him. Rebbi Joḥanan asked, is that (Deut. 24:1,3): “he writes for her”, for her personally? Rebbi Yose came back and said, there one person writes and another person divorces. But here, the same person thinks and takes heave. Rebbi Jacob bar Aḥa said, there, if he would write himself and divorce, would that not be a divorce? But here, he thinks and takes heave.

Rebbi Jacob bar Aḥa, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: One disagrees with this Mishnah teacher. How is that? It turns out that Rebbi Joḥanan concerning heaves parallels Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa concerning sanctification, and Rebbi Joḥanan concerning divorces parallels the rabbis concerning sanctification, as we have stated: “The sanctifications of a deaf-mute person, an insane, and a minor who sanctified are no sanctifications. Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa says, if they are alone, their sanctifications are no sanctifications. Together with others, their sanctifications are sanctifications.”

Who states “the deaf-mute?” Not Rebbi Jehudah, since it was stated: “Rebbi Jehudah said, it happened that the sons of Rebbi Joḥanan ben Gudgada were all deaf-mutes and all purities in Jerusalem were handled by them. They said to him, because purities do not need thought and may be produced by a deaf-mute, an insane, and a minor. But heaves and tithes need thought and do not become invalidated by absent-mindedness.” Rebbi Yose in the name of Rebbi La: Thought is not written in regard to them, only watching.

Who stated “a minor”? This does not follow Rebbi Jehudah, as we have stated: “A minor whom his father put in a melon field where he was giving heave and his father sold on that basis, his heave is heave. He did not give heave but his father confirmed his action.” When the father came and confirmed his action, is heave made retroactively or for the future? Rebbi Shammai said, let us hear from the following: “When the owner came and found him standing on his property, if he said to him, take from these nice [fruits], if they are nice he does not worry about robbery, otherwise he has to worry. But if he collected and gave to him, in no case does he have to worry about robbery.” Can you say it became heave retroactively? No, from now into the future! Here also, it will be made heave from now on into the future.

Who stated “a minor”? This does not follow Rebbi Jehudah, as we have stated: “A minor whom his father put in a melon field where he was giving heave and his father sold on that basis, his heave is heave. He did not give heave but his father confirmed his action.” When the father came and confirmed his action, is heave made retroactively or for the future? Rebbi Shammai said, let us hear from the following: “When the owner came and found him standing on his property, if he said to him, take from these nice [fruits], if they are nice he does not worry about robbery, otherwise he has to worry. But if he collected and gave to him, in no case does he have to worry about robbery.” Can you say it became heave retroactively? No, from now into the future! Here also, it will be made heave from now on into the future.

There, we have stated: “Everybody is obligated for appearance except the deaf-mute, the insane, and the minor.” The colleagues in the name of Rebbi Eleazar (Deut. 31:12): “So they should hear and learn.” So far one who speaks but cannot hear; what about one who hears but cannot speak? Rebbi La in the name of Rebbi Eleazar (Deut. 31:12): “So they should learn,” so they should teach. Rebbi Jonah said, this means that the principles of Rebbi are no principles, since we have stated: “A ḥereš who speaks but cannot hear should not give heave,” and we thought that one who hears but does not speak is ḥereš, one who speaks but does not hear is not ḥereš. But we have stated: “The ḥereš whose shoe was taken off, the female ḥereš who took off the shoe, and she who takes off the shoe of a minor, all performed invalid ceremonies.” And Rebbi Joḥanan said, because they cannot say (Deut. 25:8): “he shall say”, (Deut. 25:7,9) “she shall say.” We also have stated: “A “deaf person” mentioned anywhere by the Sages is a deaf-mute.” This supports Rebbi Jonah, for Rebbi Jonah said, this means that the principles of Rebbi are no principles.

There, we have stated: “Everybody is obligated for appearance except the deaf-mute, the insane, and the minor.” The colleagues in the name of Rebbi Eleazar (Deut. 31:12): “So they should hear and learn.” So far one who speaks but cannot hear; what about one who hears but cannot speak? Rebbi La in the name of Rebbi Eleazar (Deut. 31:12): “So they should learn,” so they should teach. Rebbi Jonah said, this means that the principles of Rebbi are no principles, since we have stated: “A ḥereš who speaks but cannot hear should not give heave,” and we thought that one who hears but does not speak is ḥereš, one who speaks but does not hear is not ḥereš. But we have stated: “The ḥereš whose shoe was taken off, the female ḥereš who took off the shoe, and she who takes off the shoe of a minor, all performed invalid ceremonies.” And Rebbi Joḥanan said, because they cannot say (Deut. 25:8): “he shall say”, (Deut. 25:7,9) “she shall say.” We also have stated: “A “deaf person” mentioned anywhere by the Sages is a deaf-mute.” This supports Rebbi Jonah, for Rebbi Jonah said, this means that the principles of Rebbi are no principles.

It was stated: “Rebbi Jehudah said, about what was this said? About Great Heave which must be given from what is earmarked. But for the heave of the tithe, everything is supposed to be whole. If he gave Great Heave and heave of the tithe together, it is not whole.” Jehudah ben Rebbi said, he certainly did not want to overstep the words of the Torah in giving heave of the tithe before the Great Heave. Rebbi Abba bar Mamal objected: Did we not state that “one may not give heave from impure produce for pure”? Think about it, when he did it and said, I did not intend to transgress the words of the Torah! Rebbi Abba bar Mamal said, if you say so, you let him flee from a minor sin to a major one! Ṭevel is a deadly sin, but an impure person who ate pure food oversteps a positive commandment.

Rebbi Mana said before Rebbi Yose: If it is so, he who sleeps with his minor sister should be flogged and have to pay since if he sleeps with his adult sister he is flogged. Rebbi Mana reversed himself and said, there death and payment fall on him simultaneously. But here, from the first muzzling he is subject to flogging but only later for payment. Rebbi Ezra objected before Rebbi Mana: He who sets fire to his neighbor’s grain stack on the Sabbath is subject to capital punishment from the first ear but only later for payment! One cannot say so, for every single ear there is cautioning for the death penalty. Here also, for every moment of muzzling there is cautioning for flogging (and cautioning for payment). Rebbi Yose bar Abun said, two Amoraïm. One said, if he muzzled for heave which is Temple property. The other one said, if he muzzled through an agent. Then the agent is flogged and he is free (Lev. 17:4): “As a blood guilt it will be charged on this man,” not on his employers.

MISHNAH: The daughter of a Cohen married to an Israel who afterwards ate heave pays the principal but does not pay the fifth; her death is by burning. If she married one of the ineligible, she pays principal and fifth and her death is by strangulation, the words of Rebbi Meïr. But the Sages say, both pay principal but not the fifth and their deaths are by burning. He who feeds his minor children or his slaves, adult or minor, he who eats heave from outside the Land, and he who eats less than the volume of an olive of heave pays the principal but not the fifth. The payment is profane and if the Cohen wants to forgive it, he may forgive. This is the principle: In every case one pays the principal and the fifth, the payment is heave and although the Cohen may want to forgive, he may not forgive. In every case one pays the principal but not the fifth, the payment is profane and if the Cohen wants to forgive, he may do so.

MISHNAH: The daughter of a Cohen married to an Israel who afterwards ate heave pays the principal but does not pay the fifth; her death is by burning. If she married one of the ineligible, she pays principal and fifth and her death is by strangulation, the words of Rebbi Meïr. But the Sages say, both pay principal but not the fifth and their deaths are by burning. He who feeds his minor children or his slaves, adult or minor, he who eats heave from outside the Land, and he who eats less than the volume of an olive of heave pays the principal but not the fifth. The payment is profane and if the Cohen wants to forgive it, he may forgive. This is the principle: In every case one pays the principal and the fifth, the payment is heave and although the Cohen may want to forgive, he may not forgive. In every case one pays the principal but not the fifth, the payment is profane and if the Cohen wants to forgive, he may do so.

Rebbi Yose in the name of Rebbi Sheshet, Rebbi Eleazar in the name of Rebbi Yose in the name of Rebbi Abin: If somebody says to another I shall tithe for you, he does not have to be with him. There, we have stated: “If he put it in a tree, higher than ten hand-breadths it is not an eruv, lower than ten hand-breadths it is an eruv.” Rebbi Eleazar said, he has to be with him. And here, you say so? Rebbi Ḥiyya bar Ada said, here about an adult, there about a minor. Rebbi Ḥananiah said in the name of Rebbi Ḥanina, you may even say in both cases we deal with an adult or in both cases we deal with a minor. There, when he says, make an eruv for me! But here, he says I shall tithe for you. This learns from that and that learns from this. This learns from that, if he says I shall make an eruv for you, he does not have to be with him. That learns from this, if he says tithe for me, he has to be with him.

Rebbi Yose in the name of Rebbi Sheshet, Rebbi Eleazar in the name of Rebbi Yose in the name of Rebbi Abin: If somebody says to another I shall tithe for you, he does not have to be with him. There, we have stated: “If he put it in a tree, higher than ten hand-breadths it is not an eruv, lower than ten hand-breadths it is an eruv.” Rebbi Eleazar said, he has to be with him. And here, you say so? Rebbi Ḥiyya bar Ada said, here about an adult, there about a minor. Rebbi Ḥananiah said in the name of Rebbi Ḥanina, you may even say in both cases we deal with an adult or in both cases we deal with a minor. There, when he says, make an eruv for me! But here, he says I shall tithe for you. This learns from that and that learns from this. This learns from that, if he says I shall make an eruv for you, he does not have to be with him. That learns from this, if he says tithe for me, he has to be with him.

From here they said, “a person may renounce for himself, his adult son or daughter, or his adult male or female slave, or his wife, because they have a mind. But he may not renounce for his minor son or daughter, or his minor male or female slave, or his animal, because they have no mind.”

From here they said, “a person may renounce for himself, his adult son or daughter, or his adult male or female slave, or his wife, because they have a mind. But he may not renounce for his minor son or daughter, or his minor male or female slave, or his animal, because they have no mind.”

HALAKHAH: Rav Hamnuna said, if a child covered a harvesting basket for transport to the market, it became ṭevel; in any situation in which the intent of an adult has an effect, the action of a minor has an effect. Rebbi Zeïra asked: Since the intent of an adult does not have an effect until he opens on the market, the action of a minor should not have an effect until he opens on the market! The Mishnah disagrees with Rav Hamnuna: “If children hid figs for the Sabbath and he forgot to tithe them they may not be eaten after the Sabbath until they are tithed.” Rebbi Zeïra in the name of Rav Hamnuna: Explain if it they collected close to sundown when their action was proof of their intent!

HALAKHAH: Rav Hamnuna said, if a child covered a harvesting basket for transport to the market, it became ṭevel; in any situation in which the intent of an adult has an effect, the action of a minor has an effect. Rebbi Zeïra asked: Since the intent of an adult does not have an effect until he opens on the market, the action of a minor should not have an effect until he opens on the market! The Mishnah disagrees with Rav Hamnuna: “If children hid figs for the Sabbath and he forgot to tithe them they may not be eaten after the Sabbath until they are tithed.” Rebbi Zeïra in the name of Rav Hamnuna: Explain if it they collected close to sundown when their action was proof of their intent!

MISHNAH: One may circumvent about Second Tithe. How is this? A person may say to his neighbor, his adult son or daughter, his Hebrew male or female slave: Take these coins and redeem this tithe for yourself. But he should not say so to his minor son or daughter or his Canaanite male or female slave because their hand is like his hand. If somebody was standing on the threshing floor and no coins were in his hand, he says to a friend, this produce is given to you as a gift; then he goes on and says to him, it is redeemed by coins in the house.

How do we hold? If she is an adult, she acquired [her freedom] by the signs [of puberty]; if she is a minor, may a minor acquire? Rebbi Yudan bar Shalom said before Rebbi Yose, explain it following him who said, a minor may give heave. He said to him, even following him who said, a minor may give heave, may a minor acquire? Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not total robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “To his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Samuel ben Rav Isaac explained it by the method of small children. As we have stated there: “For school children, their buying is buying and their selling selling, for movables.” But did we not state: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

How do we hold? If she is an adult, she acquired [her freedom] by the signs [of puberty]; if she is a minor, may a minor acquire? Rebbi Yudan bar Shalom said before Rebbi Yose, explain it following him who said, a minor may give heave. He said to him, even following him who said, a minor may give heave, may a minor acquire? Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not total robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “To his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Samuel ben Rav Isaac explained it by the method of small children. As we have stated there: “For school children, their buying is buying and their selling selling, for movables.” But did we not state: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

How do we hold? If she is an adult, she acquired [her freedom] by the signs [of puberty]; if she is a minor, may a minor acquire? Rebbi Yudan bar Shalom said before Rebbi Yose, explain it following him who said, a minor may give heave. He said to him, even following him who said, a minor may give heave, may a minor acquire? Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not total robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “To his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Samuel ben Rav Isaac explained it by the method of small children. As we have stated there: “For school children, their buying is buying and their selling selling, for movables.” But did we not state: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

How do we hold? If she is an adult, she acquired [her freedom] by the signs [of puberty]; if she is a minor, may a minor acquire? Rebbi Yudan bar Shalom said before Rebbi Yose, explain it following him who said, a minor may give heave. He said to him, even following him who said, a minor may give heave, may a minor acquire? Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not total robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “To his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Samuel ben Rav Isaac explained it by the method of small children. As we have stated there: “For school children, their buying is buying and their selling selling, for movables.” But did we not state: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

How do we hold? If she is an adult, she acquired [her freedom] by the signs [of puberty]; if she is a minor, may a minor acquire? Rebbi Yudan bar Shalom said before Rebbi Yose, explain it following him who said, a minor may give heave. He said to him, even following him who said, a minor may give heave, may a minor acquire? Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not total robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “To his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Samuel ben Rav Isaac explained it by the method of small children. As we have stated there: “For school children, their buying is buying and their selling selling, for movables.” But did we not state: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

How do we hold? If she is an adult, she acquired [her freedom] by the signs [of puberty]; if she is a minor, may a minor acquire? Rebbi Yudan bar Shalom said before Rebbi Yose, explain it following him who said, a minor may give heave. He said to him, even following him who said, a minor may give heave, may a minor acquire? Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not total robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “To his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Samuel ben Rav Isaac explained it by the method of small children. As we have stated there: “For school children, their buying is buying and their selling selling, for movables.” But did we not state: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

How do we hold? If she is an adult, she acquired [her freedom] by the signs [of puberty]; if she is a minor, may a minor acquire? Rebbi Yudan bar Shalom said before Rebbi Yose, explain it following him who said, a minor may give heave. He said to him, even following him who said, a minor may give heave, may a minor acquire? Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not total robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “To his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Samuel ben Rav Isaac explained it by the method of small children. As we have stated there: “For school children, their buying is buying and their selling selling, for movables.” But did we not state: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

How do we hold? If she is an adult, she acquired [her freedom] by the signs [of puberty]; if she is a minor, may a minor acquire? Rebbi Yudan bar Shalom said before Rebbi Yose, explain it following him who said, a minor may give heave. He said to him, even following him who said, a minor may give heave, may a minor acquire? Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not total robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “To his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Samuel ben Rav Isaac explained it by the method of small children. As we have stated there: “For school children, their buying is buying and their selling selling, for movables.” But did we not state: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

How do we hold? If she is an adult, she acquired [her freedom] by the signs [of puberty]; if she is a minor, may a minor acquire? Rebbi Yudan bar Shalom said before Rebbi Yose, explain it following him who said, a minor may give heave. He said to him, even following him who said, a minor may give heave, may a minor acquire? Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not total robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “To his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Samuel ben Rav Isaac explained it by the method of small children. As we have stated there: “For school children, their buying is buying and their selling selling, for movables.” But did we not state: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Rebbi Zeïra understood it from here: “But he cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is not like his hand.” Does this not imply that a slave is not able to transfer rights from his master to another person? Explain it following Rebbi Meïr since Rebbi Meïr makes the hand of the slave the hand of his master. But did we not state “his wife”? Rebbi Meïr holds that the hand of the wife is the hand of her husband! Rebbi Ḥananiah said in the name of Rebbi Phineas, explain it following the Tanna who stated: “His wife cannot redeem Second Tithe for him. Rebbi Simeon ben Eleazar says in the name of Rebbi Meïr, his wife can redeem Second Tithe for him.” For that Tanna, Rebbi Meïr makes the hand of the slave the hand of his master but not the hand of the wife the hand of her husband!

The following Mishnah disagrees with him who says that he who may take may acquire, since we have stated: “Give this divorce document to my wife,” because he may receive the divorce document of his minor daughter. “And the document of manumission to my slave,” since he may receive his own document of manumission. But did we not state: “Receive this divorce document for my wife or bring this divorce document to my wife; if he wants to change his mind … he may do so.” Is a slave empowered to bring a divorce document? Explain it by different cases contained in the Mishnah.

Does it follow him who says the Pesaḥ of women is voluntary? It was stated: “A woman may make the First Pesaḥ by herself and the Second joining others, the words of Rebbi Meïr. Rebbi Yose says, a woman may make the Second Pesaḥ by herself, even on the Sabbath, and certainly the First. Rebbi Simeon ben Eleazar says, a woman may make the First Pesaḥ joining others but does not make the Second.” What is the reason of Rebbi Meïr? (Ex. 12:3) “Every man a sheep for the family,” if they want “a sheep for the house.” What is the reason of Rebbi Yose, “Every man a sheep for the family,” a fortiori “a sheep for the house.” What is the reason of Rebbi Simeon ben Eleazar? “Every man”, not woman. How do the rabbis uphold “man”? A man, not a minor. Rebbi Jonah said, even according to him who says it is an obligation, it is different here since the occasion was news, that it should not become an obligation. Did we not hold: “Before the Two Breads one should not bring but if somebody brought it is acceptable?” It is different here since the occasion was news, that it should not become an obligation. Did we not state: “If they were without blemish they should be sacrificed”? It is different here since the occasion was news, that it should not become an obligation.

“And are lifted by one and 100”. How do you treat it, as beginning of separation or end of separation? If you say as beginning of separation, no minor may lift, no unrelated person may lift, and it does not push away the Sabbath. If you treat it as end of separation, a minor may lift, an unrelated person may lift, and it does push away the Sabbath. There we have stated: “Rebbi Jehudah says, also one may lift dema‘ by one in a hundred.” On that, it was stated: “Rebbi Simeon ben Eleazar says, if he wishes he earmarks part of it and eats the remainder.” Rebbi Jonah said, Rebbi Judah treated it as end of separation and Rebbi Simeon ben Eleazar treated it as beginning of separation. Rebbi Yose said, even Rebbi Simeon ben Eleazar treated it as end of separation. Does not Rebbi Simeon ben Eleazar agree that it is forbidden to do so with certain [produce]? How is that? He should never do it on the Sabbath the way he does it on a weekday.

“And are lifted by one and 100”. How do you treat it, as beginning of separation or end of separation? If you say as beginning of separation, no minor may lift, no unrelated person may lift, and it does not push away the Sabbath. If you treat it as end of separation, a minor may lift, an unrelated person may lift, and it does push away the Sabbath. There we have stated: “Rebbi Jehudah says, also one may lift dema‘ by one in a hundred.” On that, it was stated: “Rebbi Simeon ben Eleazar says, if he wishes he earmarks part of it and eats the remainder.” Rebbi Jonah said, Rebbi Judah treated it as end of separation and Rebbi Simeon ben Eleazar treated it as beginning of separation. Rebbi Yose said, even Rebbi Simeon ben Eleazar treated it as end of separation. Does not Rebbi Simeon ben Eleazar agree that it is forbidden to do so with certain [produce]? How is that? He should never do it on the Sabbath the way he does it on a weekday.

A baraita supports both of them. The baraita supports Rebbi Eleazar. “(Ex. 13:3) ‘Sour bread shall not be eaten’, to make the feeder equal to the eater. You say for this, or is it only to forbid its usufruct? Since it says (Deut. 16:3): ‘You shall not eat sour bread with it,’ we learned that usufruct is forbidden. Therefore, why does the verse say, sour bread shall not be eaten? To make the feeder equal to the eater, the words of Rebbi Josia. Rebbi Isaac says, this is unnecessary. Since for crawling things, a minor prohibition, He made the feeder equal to the eater; regarding sour bread which is a major prohibition it should only be logical that he feeder be equal to the eater. Therefore, why does the verse say, sour bread shall not be eaten? The verse comes only to forbid its usufruct.” Since it is written “sour bread shall not be eaten.” Therefore, from “you shall not eat” one cannot infer anything. This supports Rebbi Joḥanan.

HALAKHAH: Rebbi Abba, Rav Huna in the name of Rav: If he was warned, he is whipped. But did we not state: “But one is not guilty because of the blood of crawling beings”? Rebbi Abba said, one is not subject to extirpation for it. But was it not stated: “The blood of two-legged beings which have no minor impurity, the blood of crawling things which have no major impurity”? Rebbi Ḥiyya bar Ada said, that is, if they warned him because of blood. But if they warned him because of abomination, he is whipped.

Rebbi Ḥanina said, a baraita implies that one does not heal through spilling blood, as we have stated there: “If most of his body was outside one does not touch him, for one does not push aside one life before another life.” Not only if one would say, kill this person, but even if he told him, injure that person. It was stated, a Gentile against a Jew, is prohibited; a Jew against a Gentile is permitted. Rav Ḥisda asked, may one save the life of an adult with the life of a minor? Rebbi Jeremiah objected, did we not state, “If most of his body was outside one does not touch him, for one does not push aside one life before another life”? Rebbi Yose ben Rebbi Abun in the name of Rav Ḥisda, there it is different for it is not known who is endangering whom.

MISHNAH: If a Gentile comes to extinguish one tells him neither to extinguish nor not to extinguish since you are not responsible for him resting. But if a minor comes to extinguish one may not listen to him since you are responsible for him resting.

“But if a minor comes to extinguish one may not listen to him.” But was it not stated, if one saw him going out and collecting grasses, one need not interfere? There he has no need for grasses; here he sees the need for fire fighting.

“One does not desecrate the Sabbath for a case of doubt or for a hermaphrodite; Rebbi Jehudah permits for the hermaphrodite.” There, we have stated: “Everybody is liable to be seen except the deaf-and-dumb, the insane, the minor, the sexless, and the hermaphrodite.”

Rebbi Abba bar Mamal said, it is forbidden to carry under the four-gated bowers in vineyards since they form the end of the roof and the end of a roof cannot save as a symbolic fence. Rebbi Phineas said, a case came before Rebbi Jeremiah of four pillars and on them four beams; he permitted to carry under them because of a symbolic fence. Rebbi Abun and Rebbi Abun asked before Rebbi Zeˋira, does a symbolic fence save in a sukkah? He said to them, a symbolic fence saves in a sukkah. Does the end of the roofing save in a sukkah? He said to them, the end of the roofing does not save in a sukkah. What is the difference between them? One is made for the purpose, the other one is [not] made for the purpose. Rebbi Abbahu said, all these things are for discussion’s sake, but as far as teaching, it is forbidden to teach it. If this is forbidden for the minor commandment of sukkah, so much more for the strict commandment of Sabbath! Rebbi Abun bar Ḥiyya asked before Rebbi Zeˋira: Is not the Tanna, according to whom a symbolic fence saves, Rebbi Joḥanan ben Nuri? He said to him, that is the Tanna.

MISHNAH: One may make an eruv with demay, and with First Tithe from which heave has been taken, and Second Tithe or dedicated [food] which was redeemed; Cohanim with ḥallah and with heave. But not with ṭevel, nor with First Tithe from which heave was not taken, and Second Tithe or dedicated [food] which was not redeemed. If somebody sends his eruv through a deaf-and-dumb or insane person, or a minor, or by somebody who does not accept eruvin, it is not an eruv. If he told a third person to receive it from him it is an eruv.

Paragraph. “If somebody sends his eruv through a deaf-and-dumb or insane person, or a minor,” etc. Rebbi Eleazar said, he has to be with him. There Rebbi Yose said in the name of Rebbi Sheshet, Rebbi Eleazar the son of Rebbi Yose in the name of Rebbi Abun: If somebody says to another I shall tithe for you, he does not have to be with him. And here, you say so? Rebbi Ḥiyya bar Ada said, here about an adult, there about a minor. Rebbi Aḥa said in the name of Rebbi Ḥinena, you may even say in both cases we deal with an adult or in both cases we deal with a minor. There, when he says, I shall tithe for you, he does not have to be with him. But here, he says make an eruv for me! This learns from that and that learns from this. This learns from that, if he says I shall tithe for you, he does not have to be with him. That learns from this, if he says make an eruv for me, he has to be with him.

Paragraph. “If somebody sends his eruv through a deaf-and-dumb or insane person, or a minor,” etc. Rebbi Eleazar said, he has to be with him. There Rebbi Yose said in the name of Rebbi Sheshet, Rebbi Eleazar the son of Rebbi Yose in the name of Rebbi Abun: If somebody says to another I shall tithe for you, he does not have to be with him. And here, you say so? Rebbi Ḥiyya bar Ada said, here about an adult, there about a minor. Rebbi Aḥa said in the name of Rebbi Ḥinena, you may even say in both cases we deal with an adult or in both cases we deal with a minor. There, when he says, I shall tithe for you, he does not have to be with him. But here, he says make an eruv for me! This learns from that and that learns from this. This learns from that, if he says I shall tithe for you, he does not have to be with him. That learns from this, if he says make an eruv for me, he has to be with him.

Paragraph. “If somebody sends his eruv through a deaf-and-dumb or insane person, or a minor,” etc. Rebbi Eleazar said, he has to be with him. There Rebbi Yose said in the name of Rebbi Sheshet, Rebbi Eleazar the son of Rebbi Yose in the name of Rebbi Abun: If somebody says to another I shall tithe for you, he does not have to be with him. And here, you say so? Rebbi Ḥiyya bar Ada said, here about an adult, there about a minor. Rebbi Aḥa said in the name of Rebbi Ḥinena, you may even say in both cases we deal with an adult or in both cases we deal with a minor. There, when he says, I shall tithe for you, he does not have to be with him. But here, he says make an eruv for me! This learns from that and that learns from this. This learns from that, if he says I shall tithe for you, he does not have to be with him. That learns from this, if he says make an eruv for me, he has to be with him.

MISHNAH: How may one participate in an alley? One puts down an amphora and says, this shall be for all dwellers in the alley, and transfers rights through his adult son or daughter or his male or female Hebrew slave or through his wife. But he cannot transfer rights through his minor son or daughter or his Canaanite male or female slave because their hand is like his own.

Where do we hold? If she is an adult, she becomes free by the signs [of puberty]. If she is underage, may an underage person transfer rights? Rebbi Yudan bar Shalom said before Rebbi Yose: Explain it following him who said that a minor may give heave. He answered him, but even according to him who says that a minor cannot give heave, the minor can acquire rights. This is acceptable following the opinion of the rabbis there. There, they are saying in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what one finds in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what one robs from him is robbery because of the ways of peace; a nut or a pebble and he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift, since it is written, if a man give, a man’s gift is a gift, the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan, Rebbi Jacob [bar Aḥa] in the name of Rebbi Joḥanan: Robbing from him is never clear robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan: That which you say is to make one pay by a law suit; but to have to bring a sacrifice for a [false] oath everybody agrees only after he grew two pubic hairs. But following to the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written to his neighbor, only if he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac: They came to it by the rules of school children as we have stated: “School children’s buying is buying and their selling is selling, for movables.” But did we not state: “But he cannot transfer rights through his minor son or daughter or his Canaanite male or female slave because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Where do we hold? If she is an adult, she becomes free by the signs [of puberty]. If she is underage, may an underage person transfer rights? Rebbi Yudan bar Shalom said before Rebbi Yose: Explain it following him who said that a minor may give heave. He answered him, but even according to him who says that a minor cannot give heave, the minor can acquire rights. This is acceptable following the opinion of the rabbis there. There, they are saying in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what one finds in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what one robs from him is robbery because of the ways of peace; a nut or a pebble and he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift, since it is written, if a man give, a man’s gift is a gift, the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan, Rebbi Jacob [bar Aḥa] in the name of Rebbi Joḥanan: Robbing from him is never clear robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan: That which you say is to make one pay by a law suit; but to have to bring a sacrifice for a [false] oath everybody agrees only after he grew two pubic hairs. But following to the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written to his neighbor, only if he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac: They came to it by the rules of school children as we have stated: “School children’s buying is buying and their selling is selling, for movables.” But did we not state: “But he cannot transfer rights through his minor son or daughter or his Canaanite male or female slave because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Where do we hold? If she is an adult, she becomes free by the signs [of puberty]. If she is underage, may an underage person transfer rights? Rebbi Yudan bar Shalom said before Rebbi Yose: Explain it following him who said that a minor may give heave. He answered him, but even according to him who says that a minor cannot give heave, the minor can acquire rights. This is acceptable following the opinion of the rabbis there. There, they are saying in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what one finds in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what one robs from him is robbery because of the ways of peace; a nut or a pebble and he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift, since it is written, if a man give, a man’s gift is a gift, the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan, Rebbi Jacob [bar Aḥa] in the name of Rebbi Joḥanan: Robbing from him is never clear robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan: That which you say is to make one pay by a law suit; but to have to bring a sacrifice for a [false] oath everybody agrees only after he grew two pubic hairs. But following to the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written to his neighbor, only if he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac: They came to it by the rules of school children as we have stated: “School children’s buying is buying and their selling is selling, for movables.” But did we not state: “But he cannot transfer rights through his minor son or daughter or his Canaanite male or female slave because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Where do we hold? If she is an adult, she becomes free by the signs [of puberty]. If she is underage, may an underage person transfer rights? Rebbi Yudan bar Shalom said before Rebbi Yose: Explain it following him who said that a minor may give heave. He answered him, but even according to him who says that a minor cannot give heave, the minor can acquire rights. This is acceptable following the opinion of the rabbis there. There, they are saying in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what one finds in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what one robs from him is robbery because of the ways of peace; a nut or a pebble and he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift, since it is written, if a man give, a man’s gift is a gift, the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan, Rebbi Jacob [bar Aḥa] in the name of Rebbi Joḥanan: Robbing from him is never clear robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan: That which you say is to make one pay by a law suit; but to have to bring a sacrifice for a [false] oath everybody agrees only after he grew two pubic hairs. But following to the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written to his neighbor, only if he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac: They came to it by the rules of school children as we have stated: “School children’s buying is buying and their selling is selling, for movables.” But did we not state: “But he cannot transfer rights through his minor son or daughter or his Canaanite male or female slave because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Where do we hold? If she is an adult, she becomes free by the signs [of puberty]. If she is underage, may an underage person transfer rights? Rebbi Yudan bar Shalom said before Rebbi Yose: Explain it following him who said that a minor may give heave. He answered him, but even according to him who says that a minor cannot give heave, the minor can acquire rights. This is acceptable following the opinion of the rabbis there. There, they are saying in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what one finds in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what one robs from him is robbery because of the ways of peace; a nut or a pebble and he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift, since it is written, if a man give, a man’s gift is a gift, the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan, Rebbi Jacob [bar Aḥa] in the name of Rebbi Joḥanan: Robbing from him is never clear robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan: That which you say is to make one pay by a law suit; but to have to bring a sacrifice for a [false] oath everybody agrees only after he grew two pubic hairs. But following to the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written to his neighbor, only if he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac: They came to it by the rules of school children as we have stated: “School children’s buying is buying and their selling is selling, for movables.” But did we not state: “But he cannot transfer rights through his minor son or daughter or his Canaanite male or female slave because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Where do we hold? If she is an adult, she becomes free by the signs [of puberty]. If she is underage, may an underage person transfer rights? Rebbi Yudan bar Shalom said before Rebbi Yose: Explain it following him who said that a minor may give heave. He answered him, but even according to him who says that a minor cannot give heave, the minor can acquire rights. This is acceptable following the opinion of the rabbis there. There, they are saying in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what one finds in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what one robs from him is robbery because of the ways of peace; a nut or a pebble and he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift, since it is written, if a man give, a man’s gift is a gift, the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan, Rebbi Jacob [bar Aḥa] in the name of Rebbi Joḥanan: Robbing from him is never clear robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan: That which you say is to make one pay by a law suit; but to have to bring a sacrifice for a [false] oath everybody agrees only after he grew two pubic hairs. But following to the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written to his neighbor, only if he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac: They came to it by the rules of school children as we have stated: “School children’s buying is buying and their selling is selling, for movables.” But did we not state: “But he cannot transfer rights through his minor son or daughter or his Canaanite male or female slave because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Where do we hold? If she is an adult, she becomes free by the signs [of puberty]. If she is underage, may an underage person transfer rights? Rebbi Yudan bar Shalom said before Rebbi Yose: Explain it following him who said that a minor may give heave. He answered him, but even according to him who says that a minor cannot give heave, the minor can acquire rights. This is acceptable following the opinion of the rabbis there. There, they are saying in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what one finds in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what one robs from him is robbery because of the ways of peace; a nut or a pebble and he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift, since it is written, if a man give, a man’s gift is a gift, the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan, Rebbi Jacob [bar Aḥa] in the name of Rebbi Joḥanan: Robbing from him is never clear robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan: That which you say is to make one pay by a law suit; but to have to bring a sacrifice for a [false] oath everybody agrees only after he grew two pubic hairs. But following to the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written to his neighbor, only if he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac: They came to it by the rules of school children as we have stated: “School children’s buying is buying and their selling is selling, for movables.” But did we not state: “But he cannot transfer rights through his minor son or daughter or his Canaanite male or female slave because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

There, we have stated: “If somebody borrows a cow and [the lender] sent her to him through his son, his slave, or his agent, in case it died he is not liable.” Does this not say that a slave is able to transfer rights from his master to another person? Rebbi Eleazar said, explain it about a Hebrew slave. Rebbi Joḥanan said, you can even explain it for a Canaanite slave, it he told him, open the gate for her and she will go by herself, as we have stated: If he led her, drew her, called her and she followed him, he is required to pay as a borrower. Rebbi Ze`ira understood it from here: “But he cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is not like his hand.” Does this not imply that a slave is not able to transfer rights from his master to another person? Explain it following Rebbi Meïr since Rebbi Meïr makes the hand of the slave the hand of his master. But did we not state “his wife”? Rebbi Meïr holds that the hand of the wife is the hand of her husband! Rebbi Ḥananiah said in the name of Rebbi Phineas, explain it following the Tanna who stated: “His wife cannot redeem Second Tithe for him. Rebbi Simeon ben Eleazar says in the name of Rebbi Meïr, his wife can redeem Second Tithe for him.” For that Tanna, Rebbi Meïr makes the hand of the slave the hand of his master but not the hand of the wife the hand of her husband!

A baraita supports both of them. The baraita supports Rebbi Eleazar. Sour bread shall not be eaten, to make the feeder equal to the eater. And you say for this, or is it only to forbid its usufruct? Since it says: You shall not eat sour bread with it, we learned that usufruct is forbidden. Therefore, why does the verse say, sour bread shall not be eaten? To make the feeder equal to the eater, the words of Rebbi Josia. Rebbi Isaac says, this is unnecessary. Since for crawling things, a minor prohibition, He made the feeder equal to the eater; regarding sour bread which is a major prohibition it should only be logical that we consider the feeder to be equal to the eater. Therefore, why does the verse say, sour bread shall not be eaten? The verse serves only to forbid its usufruct. Since it is written, sour bread shall not be eaten, therefore from you shall not eat one cannot infer anything. This supports Rebbi Joḥanan .

(If he beat) four quarters for themselves and made them leavened, and another four quarters for themselves, and mixed them. If one warned him because of eating ṭevel, he is not flogged, because of one who eats leavened matter on Passover, he is flogged. A severe prohibition falls upon a minor prohibition but a minor prohibition does not fall on a severe prohibition. But if he mixed them and afterwards made them leavened, if one warned him because of eating ṭevel. he is flogged, because of one who eats leavened matter on Passover, he is flogged. A severe prohibition falls upon a minor prohibition but a minor prohibition does not fall on a severe prohibition.

(If he beat) four quarters for themselves and made them leavened, and another four quarters for themselves, and mixed them. If one warned him because of eating ṭevel, he is not flogged, because of one who eats leavened matter on Passover, he is flogged. A severe prohibition falls upon a minor prohibition but a minor prohibition does not fall on a severe prohibition. But if he mixed them and afterwards made them leavened, if one warned him because of eating ṭevel. he is flogged, because of one who eats leavened matter on Passover, he is flogged. A severe prohibition falls upon a minor prohibition but a minor prohibition does not fall on a severe prohibition.

(If he beat) four quarters for themselves and made them leavened, and another four quarters for themselves, and mixed them. If one warned him because of eating ṭevel, he is not flogged, because of one who eats leavened matter on Passover, he is flogged. A severe prohibition falls upon a minor prohibition but a minor prohibition does not fall on a severe prohibition. But if he mixed them and afterwards made them leavened, if one warned him because of eating ṭevel. he is flogged, because of one who eats leavened matter on Passover, he is flogged. A severe prohibition falls upon a minor prohibition but a minor prohibition does not fall on a severe prohibition.

(If he beat) four quarters for themselves and made them leavened, and another four quarters for themselves, and mixed them. If one warned him because of eating ṭevel, he is not flogged, because of one who eats leavened matter on Passover, he is flogged. A severe prohibition falls upon a minor prohibition but a minor prohibition does not fall on a severe prohibition. But if he mixed them and afterwards made them leavened, if one warned him because of eating ṭevel. he is flogged, because of one who eats leavened matter on Passover, he is flogged. A severe prohibition falls upon a minor prohibition but a minor prohibition does not fall on a severe prohibition.

If he made a grain heap and worshipped it, then smoothed it, and then ate from it: if one warned him because of eating ṭevel, he is not flogged, because of one who eats idolatrical food, he is flogged. A severe prohibition falls upon a minor prohibition but a minor prohibition does not fall on a severe prohibition. [But if he smoothed it and then worshipped it, if one warned him because of eating ṭevel, he is flogged, because of idolatrical food, he is flogged. A severe prohibition falls upon a minor prohibition but a minor prohibition does not fall on a severe prohibition.]

If he made a grain heap and worshipped it, then smoothed it, and then ate from it: if one warned him because of eating ṭevel, he is not flogged, because of one who eats idolatrical food, he is flogged. A severe prohibition falls upon a minor prohibition but a minor prohibition does not fall on a severe prohibition. [But if he smoothed it and then worshipped it, if one warned him because of eating ṭevel, he is flogged, because of idolatrical food, he is flogged. A severe prohibition falls upon a minor prohibition but a minor prohibition does not fall on a severe prohibition.]

If he made a grain heap and worshipped it, then smoothed it, and then ate from it: if one warned him because of eating ṭevel, he is not flogged, because of one who eats idolatrical food, he is flogged. A severe prohibition falls upon a minor prohibition but a minor prohibition does not fall on a severe prohibition. [But if he smoothed it and then worshipped it, if one warned him because of eating ṭevel, he is flogged, because of idolatrical food, he is flogged. A severe prohibition falls upon a minor prohibition but a minor prohibition does not fall on a severe prohibition.]

If he made a grain heap and worshipped it, then smoothed it, and then ate from it: if one warned him because of eating ṭevel, he is not flogged, because of one who eats idolatrical food, he is flogged. A severe prohibition falls upon a minor prohibition but a minor prohibition does not fall on a severe prohibition. [But if he smoothed it and then worshipped it, if one warned him because of eating ṭevel, he is flogged, because of idolatrical food, he is flogged. A severe prohibition falls upon a minor prohibition but a minor prohibition does not fall on a severe prohibition.]

I could think that they may fulfill their obligation with flat cakes for a thanksgiving offering and wafers of a nazir.The verse says, seven days you shall eat mazzot; mazzah which may be eaten all seven days. But flat cakes for a thanksgiving offering and wafers of a nazir may not be eaten all seven days. Rebbi Jonah in the name of Rebbi Simeon ben Laqish: since flat cakes for a thanksgiving offering and wafers of a nazir may be eaten in the entire domain of the Land of Israel, the presenter could not exclude because of “dwelling place”. Rebbi Yose in the name of Rebbi Simeon ben Laqish: this implies that wafers of a nazir may be eaten in the entire domain of the Land of Israel, the presenter could not exclude because of “dwelling place”. One understands about flat cakes for a thanksgiving offering. But it is not so for wafers of a nazir. Rebbi Joḥanan said, there is no nazir here; nezirut is an obligation. Rebbi Abun bar Cahana said, explain it if his purification offering was presented in Shiloh but his elevation and well-being offerings in Nob or Gibeon. Rebbi Ḥananiah, Rebbi [Azariah] asked before Rebbi Mana: Did not the teacher say in the name of Rebbi Yose: Holiday well-being offerings brought at an elevated place are qualified but they are not counted against an obligation of the owner? But it must be for Rebbi Jehudah, as Rebbi Jehudah said, purification and Passover offerings of individuals at a principal elevated place, but no purification and Passover offerings of individuals at a minor elevated place. It only follows Rebbi Simeon, since “Rebbi Simeon said, when one of the bloods was sprinkled, the nazir is permitted to drink wine and to defile himself for the dead.”

MISHNAH: If it became impure whole or most of it, one burns it before the citadel on altar wood. If a minor part became impure or leftovers one burns in the courtyards or on their roofs on their own wood. The misers burn it before the citadel in order to profit from altar wood.

HALAKHAH: “A woman living in her husband’s house,” etc. Rebbi Joḥanan said, for the four who are missing atonement others may dedicate without their knowledge; these are the following: Man or woman [healed from] genital discharges, the woman after childbirth and one [healed from] skin disease, since a father may dedicate for his small son who is lying in a crib. One understands man or woman [healed from] genital discharges or [healed from] skin disease, but a woman after childbirth? May a minor give birth? Did not Rebbi Redifa, Rebbi Jonah, say in the name of Rav Ḥuna: If a woman became pregnant and gave birth before she grew two hairs, she and her son will die. After she grew two hairs, she and her son will live. If she became pregnant before she grew two hairs and gave birth after she grew two hairs, she will live but her son will die. How is the situation? Since a man may dedicate for his underage daughter. Since he married her off, she already left his power. But it must be since a man may dedicate for his deaf-mute wife. Here, in the case of the suspected wife, the case of the minor does not apply since Rebbi Zeˋira, Rebbi Yosa said in the name of Rebbi Joḥanan : An underage girl who whored has no will to be forbidden to her husband. The case of the deaf-mute does not apply since it is written: The woman shall say: Amen, amen. Rebbi Abun said, since it is written: You shall enjoy together with your house.

HALAKHAH: “A woman living in her husband’s house,” etc. Rebbi Joḥanan said, for the four who are missing atonement others may dedicate without their knowledge; these are the following: Man or woman [healed from] genital discharges, the woman after childbirth and one [healed from] skin disease, since a father may dedicate for his small son who is lying in a crib. One understands man or woman [healed from] genital discharges or [healed from] skin disease, but a woman after childbirth? May a minor give birth? Did not Rebbi Redifa, Rebbi Jonah, say in the name of Rav Ḥuna: If a woman became pregnant and gave birth before she grew two hairs, she and her son will die. After she grew two hairs, she and her son will live. If she became pregnant before she grew two hairs and gave birth after she grew two hairs, she will live but her son will die. How is the situation? Since a man may dedicate for his underage daughter. Since he married her off, she already left his power. But it must be since a man may dedicate for his deaf-mute wife. Here, in the case of the suspected wife, the case of the minor does not apply since Rebbi Zeˋira, Rebbi Yosa said in the name of Rebbi Joḥanan : An underage girl who whored has no will to be forbidden to her husband. The case of the deaf-mute does not apply since it is written: The woman shall say: Amen, amen. Rebbi Abun said, since it is written: You shall enjoy together with your house.

Does it follow him who says the Pesaḥ of women is voluntary? It was stated: “A woman may make the First Pesaḥ by herself and the Second joining \others, the words of Rebbi Meïr. Rebbi Yose says, a woman may make the Second Pesaḥ by herself, and certainly the First. Rebbi Simeon ben Eleazar says, a woman may make the First Pesaḥ joining others but does not make the Second.” What is the reason of Rebbi Meïr? Every man a sheep for the family, if they want for the house. What is the reason of Rebbi Yose, every man a sheep for the family, a fortiori for the house. What is the reason of Rebbi Eleazar ben Rebbi Simeon? “Every man”, not a woman. How do the rabbis uphold “man”? A man, not a minor. Rebbi Jonah said, even according to him who says it is an obligation, it is different here since the occasion was news, lest it become an obligation.

Rebbi Zeˋira said, should not making the benediction for Pesaḥ not exempt the sacrifice, but for the sacrifice exempt the Pesaḥ, since the Pesaḥ is included in the notion of sacrifice? Rebbi Mana said, the Pesaḥ is the main item, the {family} sacrifice a minor part.

Rebbi Simeon ben Laqish asked, what could He have said instead of will not be deprived? “Shall not eat”? All eating in the Torah is by the volume of an olive, but here by the volume of a date. Rav Hoshaia said, “watch yourself, lest, not be deprived,” would be three warnings. Rebbi Ḥuna said, watch yourself regarding the saying which I said to you, watch yourself in matters of skin disease to be very careful and act, etc. Rebbi Ḥiyya stated: Punishment could [not] have been said about work since it is unnecessary. I could have inferred it from deprivation. [Since for deprivation] which is minor one is liable to extirpation, for work which is major it should be logical that one should be liable for extirpation. Therefore punishment was spelled out for work only to imply a warning preceding it. Since the punishment indicated for work is preceded by a warning, also the punishment indicated for deprivation is preceded by a warning. Rebbi Zeˋira said, this implies that one may infer about an “equal cut” even if it is free only on one side. Rebbi Yudan said, Is that not Rebbi Aqiba’s? And Rebbi Aqiba said, one infers about an “equal cut” even if it is not free.

MISHNAH: A purification sacrifice and a definitive reparation sacrifice atone. Death or the Day of Atonement atone if accompanied by repentance. Repentance atones for minor infractions, positive commandments, and prohibitions. But for severe ones it suspends until the next Day of Atonement arrives and atones.

HALAKHAH: There we stated: Intentional [impurity] of the Sanctuary and its sancta is atoned by the he-goat whose blood is brought inside and the Day of Atonement. The remainder of the transgressions mentioned in the Torah, minor or severe ones, intentional and unintentional, [known and unknown, positive commandments and prohibitions, extirpations and capital crimes, the scapegoat atones.]

Are not minor sins positive commandments and prohibitions; are not serious ones extirpations and capital crimes? Rebbi Jehudah said, so is the Mishnah: “Minor or serious ones. Those minor ones, whether he committed them intentionally or did not commit them intentionally. Those severe ones, whether he obtained knowledge of them or did not obtain knowledge of them. The following are minor sins: positive commandments and prohibitions. Severe ones, extirpations and capital crimes. Just as the he-goat whose blood is brought inside atones for intentional infractions and suspends for the unintentional ones in cases where a sacrifice is required, also the scapegoat atones in the same way.”

Are not minor sins positive commandments and prohibitions; are not serious ones extirpations and capital crimes? Rebbi Jehudah said, so is the Mishnah: “Minor or serious ones. Those minor ones, whether he committed them intentionally or did not commit them intentionally. Those severe ones, whether he obtained knowledge of them or did not obtain knowledge of them. The following are minor sins: positive commandments and prohibitions. Severe ones, extirpations and capital crimes. Just as the he-goat whose blood is brought inside atones for intentional infractions and suspends for the unintentional ones in cases where a sacrifice is required, also the scapegoat atones in the same way.”

Are not minor sins positive commandments and prohibitions; are not serious ones extirpations and capital crimes? Rebbi Jehudah said, so is the Mishnah: “Minor or serious ones. Those minor ones, whether he committed them intentionally or did not commit them intentionally. Those severe ones, whether he obtained knowledge of them or did not obtain knowledge of them. The following are minor sins: positive commandments and prohibitions. Severe ones, extirpations and capital crimes. Just as the he-goat whose blood is brought inside atones for intentional infractions and suspends for the unintentional ones in cases where a sacrifice is required, also the scapegoat atones in the same way.”