minors

Women, slaves and minors are exempt from reciting the Shema and putting on tefillin, but are obligated for tefillah, mezuzah, and Birkat Hamazon (the blessing after meals).

One who feeds [terumah] to his small children, or to his slaves whether they are of majority age or minors, or one who eats terumah from outside the land, or less than an olive’s bulk of terumah, must repay the value, but not the fifth; and the repayment remains hullin. Therefore, if the priest wishes to forgive the repayment, he may.

One may act in a deceptive manner when it comes to maaser sheni. How so? A man may say to his grown-up son or daughter, or to his Hebrew slave or female slave, “Take this money and redeem this maaser sheni for yourself.” But he may not say so to his son or daughter who are minors or to his Canaanite slave or female slave, because their hand is as his own hand.

They may not slaughter the pesah for a single person, the words of Rabbi Judah. But Rabbi Yose permits it. And even a company of a hundred who cannot eat as much as an olive, one may not slaughter [a pesah] for them. And one may not form a company of women and slaves and minors.

On the fifteenth of [Adar] they would set up tables [of money changers] in the provinces. On the twenty-fifth they set them up in the Temple. When [the tables] were set up in the Temple, they began to exact pledges [from those who had not paid]. From whom did they exact pledges? From Levites and Israelites, converts and freed slaves, but not women or slaves or minors. Any minor on whose behalf his father has begun to pay the shekel, may not discontinue it again. But they did not exact pledges from the priests, because of the ways of peace.

Even though they said, “they don’t exact pledges from women, slaves or minors, [yet] if they paid the shekel it is accepted from them. If a non-Jew or a Samaritan paid the shekel they do not accept it from them. And they do not accept from them the bird-offerings of zavin or bird-offerings of zavot or bird-offerings of women after childbirth, Or sin-offerings or guilt-offerings. But vow-offerings and freewill-offerings they do accept from them. This is the general rule: all offerings which can be made as a vow-offering or a freewill-offering they do accept from them, but offerings which cannot be made as a vow-offering or a freewill-offering they do not accept from them. And thus it is explicitly stated by Ezra, as it is said: “You have nothing to do with us to build a house unto our God” (Ezra 4:3).

The following are liable [to pay] the kalbon (surcharge): Levites and Israelites and converts and freed slaves; but not priests or women or slaves or minors. If a man paid the shekel on behalf of a priest, or on behalf of a woman, or on behalf of a slave, or on behalf of a minor, he is exempt. If a man paid the shekel on his own behalf and on behalf of his fellow he is liable for one kalbon. Rabbi Meir says: two kalbons. If one gave a sela and received a shekel, he is liable to pay two kalbons.

Women, slaves and minors are exempt from the [commandment] of the sukkah. A minor who no longer relies on his mother is obligated in the [commandment] of the sukkah. It happened that the daughter-in-law of Shammai the elder gave birth and he opened up the ceiling and put skhakh on top of the bed[posts] on behalf of the minor.

If two men betrothed two women, and as they were entering into the bridal chamber, they exchanged the one for the other, behold, they are guilty of having relations with a married woman. If they were brothers they are guilty of having relations with a brother’s wife. If they were sisters, they are guilty of having relations with a wife’s sister. If they were menstruants [they are guilty] of having relations with a menstruant. They must be kept apart for three months, lest they are pregnant. If they were minors incapable of bearing children, they may be returned [to their rightful husband] at once. If the women were of priestly families they are disqualified from eating terumah.

If two brothers were married to two sisters who were minors and orphans, and the husband of one of them died, [the widow] is free since she is the [the yavam’s] wife’s sister. Similarly in the case of two deaf-mute [sisters]. [If the two brothers were married to two sisters one of whom was] of age and [the other] a minor, if the husband of the minor died, the minor is free since she is the [the yavam’s] wife’s sister. If the husband of the elder sister died: Rabbi Eliezer says the minor is to be instructed to make a declaration of refusal against him. Rabban Gamaliel says: If she made a declaration of refusal, then she did so; but if [she did] not, let her wait until she is of age and then she will be free since she is the [the yavam’s] wife's sister. Rabbi Joshua says: Woe to him because of his wife and woe to him because of his brother’s wife! He must allow his wife to go by [giving her] a get, and [he must let go] his brother’s wife through halitzah.

If a man who was married to two minors orphans died, intercourse or halitzah with one of them exempts her rival. And the same is true with regard to two deaf women. [If a man was married to] a minor and to a deaf woman [and then died], intercourse with one of them does not exempt her rival. If one was of sound senses and one was deaf, intercourse with the woman of sound senses exempts the deaf woman, but intercourse with the deaf woman does not exempt the woman of sound senses. If one was of age and the other a minor, intercourse with the one of age exempts the minor, but intercourse with the minor does not exempt the one of age.

If a man who was married to two orphans who were minors died, and the yavam had intercourse with one, and then he also had intercourse with the other, or his [the yavam’s] brother had intercourse with the other, he has not thereby disqualified the first [for him]; And the same is true with regard to two deaf women. [If one was] a minor and the other deaf, and the yavam had intercourse with the minor and then he had intercourse with the deaf widow, or a brother of his had intercourse with the deaf widow, he has not disqualified the minor [for him]. If the yavam had intercourse with the deaf widow and then he also had intercourse with the minor, or a brother of his had intercourse with the minor, he has disqualified the deaf widow [for him].

If witnesses said, “This is our handwriting, but we were forced, [or] we were minors, [or] we were disqualified witnesses” they are believed. But if there are witnesses that it is their handwriting, or their handwriting comes out from another place, they are not believed.

The following are believed to testifying when they are grown-up about what they saw when they were minors: A person is believed to say “This is the handwriting of my father”, “This is the handwriting of my teacher”, “This is the handwriting of my brother”; “I remember that that woman went out with a hinuma and an uncovered head”; “That that man used to go out from school to immerse in order to eat terumah”; “That he used to take a share with us at the threshing floor”; “That this place was a bet ha-peras”; “That up to here we used to go on Shabbat”; But a man is not believed when he says: “So-and-so had a path in this place”; “That man had a place of standing up and eulogy in this place”.

If a man left money in his fellow’s keeping and his fellow bound it up and hung it over his back, or delivered it to his son or his daughter who were minors, or locked it up improperly, he is liable since he did not guard in the way of guardians. If he guarded it in the way of guardians he is exempt.

The inhabitants of a city seduced into worshipping idols have no portion in the world to come, as it says, “Certain men, wicked persons, have gone out from among you and seduced the inhabitants of their town” (Deuteronomy 13:14). They are not executed unless the seducers are of that city and that tribe, and until the majority of the city are seduced, and the seducers are men. If women or minors seduced it, or if a minority of the city were seduced, or if the seducers were from outside the city, they are treated as individuals, and therefore two witnesses and a formal warning are necessary for each [offender]. In this [the penalty of] individuals is severer than [that of] the multitudes, for individuals are stoned, therefore their property is saved; but the multitudes are decapitated; hence their possessions are destroyed.

Rabbi Judah ben Bava testified concerning five things: That women who are minors are made to declare an annulment of their marriage; That a woman is allowed to re-marry on the evidence of one witness; That a rooster was stoned in Jerusalem because it had killed a human being; And about wine forty days old, that it was used as a libation on the altar; And about the morning tamid offering, that it is offered at the fourth hour.

Rabbi Akiba said: I asked Rabbi Eliezer: if one performed many acts of forbidden work of the same category on different Shabbats but in one spell of unawareness, what is the law? Is he liable only to one [offering] for all of them, or to a separate one for each of them? He replied to me: he is liable to a separate one for each of them. And this can be derived by through a kal vehomer. If with regard to relations with a menstruant, for which there are neither many categories nor many ways of sinning, one is still liable for each act, how much more must one be liable to separate offerings in the case of Shabbat, for which there are many categories [of work] and many ways of sinning! I said to him: No, you may hold this view in the case of the menstruant, since in that case there are two warnings: the man is warned with regard to the menstruant woman, and the menstruant woman is warned with a man; but can you hold the same in the case of the Shabbat where there is only one warning? He said to me: One who has relations with [menstruant] minors can prove the point, where there is but one warning, and yet one is liable for each act. I responded to him: No, you may hold this view in the case of minors because although no prohibition now applies, it will apply later; but can you hold the same view with regard to Shabbat where neither now nor later [is there more than one warning]? He said to me: Let the law concerning intercourse with an animal prove my point. I replied to him: the law concerning intercourse with an animal is indeed comparable to [that concerning] Shabbat.

Rabbi Akiba said: I asked Rabbi Eliezer: if one performed many acts of forbidden work of the same category on different Shabbats but in one spell of unawareness, what is the law? Is he liable only to one [offering] for all of them, or to a separate one for each of them? He replied to me: he is liable to a separate one for each of them. And this can be derived by through a kal vehomer. If with regard to relations with a menstruant, for which there are neither many categories nor many ways of sinning, one is still liable for each act, how much more must one be liable to separate offerings in the case of Shabbat, for which there are many categories [of work] and many ways of sinning! I said to him: No, you may hold this view in the case of the menstruant, since in that case there are two warnings: the man is warned with regard to the menstruant woman, and the menstruant woman is warned with a man; but can you hold the same in the case of the Shabbat where there is only one warning? He said to me: One who has relations with [menstruant] minors can prove the point, where there is but one warning, and yet one is liable for each act. I responded to him: No, you may hold this view in the case of minors because although no prohibition now applies, it will apply later; but can you hold the same view with regard to Shabbat where neither now nor later [is there more than one warning]? He said to me: Let the law concerning intercourse with an animal prove my point. I replied to him: the law concerning intercourse with an animal is indeed comparable to [that concerning] Shabbat.

MISHNAH: Women, slaves, and minors are exempt from reciting the Shema‘ and from phylacteries but are obliged for prayer, mezuzah, and Grace for food.

Minors from where? (Ex. 13:9) “So that the Torah of the Eternal should stay in your mouth”, at a time when he is permanent in it.

MISHNAH: One does not ‘invite’ women, slaves, and minors. What is the minimum to ‘invite’? Down to the size of an olive, Rebbi Yehudah says to the size of an egg.

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?

Rebbi Aḥa said, “Who is it that has been connected?” Even those that stretched out their arms against the Sanctuary have certitude. It is impossible to bring them near since they stretched out their arms against the Sanctuary. It is impossible to keep them far since they repented. On them it says (Jer. 51:39): “They will sleep eternal sleep and never awake.” The rabbis of Caesarea say, Gentile minors and the armies of Nebuchadnezzar will not live, but never will they be judged. On them Scripture says: “They will sleep eternal sleep, etc.”

It was stated: “He answers to the fellowship, his sons and household answer to him.” Some Tannaïm state: “He, his sons, and his household answer to the fellowship.” They do not disagree: the first, if they are dependent on their father, the second, if they do not depend on their father. Rebbi Ḥalaphta ben Saul stated, adults answer to the fellowship, minors answer to him.

The rabbis of Caesarea say, Gentile minors and the armies of Nebucadnezzar will not live and will not be judged; about them it says (Jer. 51:39,57): “They will sleep an eternal sleep and never wake up.” From when do Jewish minors live? The elder Rebbi Ḥiyya and Rebbi Simeon ben Rebbi, one said from when they are born, the other said from when they talk. He who says from when they are born (Ps. 22:32): “they shall come and tell His justice to the born people He made.” He who says from when they talk (Ps. 22:31): “Seed will worship Him, it will by told to the Master by the generation.” It was stated in the name of Rebbi Meïr: From the time [the child] knows to answer Amen in the synagogue. What is the reason? (Is. 26:2) “Open the gates, let the just people come who keep trust.” There they say, from when they are circumcised (Ps. 88:16): “I carried your fear, I cease” But the rabbis from here say, from when they are born (Ps. 87:5): “He will say to Zion, everybody [who] was born [is] in it.” Rebbi Eleazar says, even the still-born, what is the reason? (Is. 49:6) “The watched ones of Israel to return”, the created ones of Israel to return.

The rabbis of Caesarea say, Gentile minors and the armies of Nebucadnezzar will not live and will not be judged; about them it says (Jer. 51:39,57): “They will sleep an eternal sleep and never wake up.” From when do Jewish minors live? The elder Rebbi Ḥiyya and Rebbi Simeon ben Rebbi, one said from when they are born, the other said from when they talk. He who says from when they are born (Ps. 22:32): “they shall come and tell His justice to the born people He made.” He who says from when they talk (Ps. 22:31): “Seed will worship Him, it will by told to the Master by the generation.” It was stated in the name of Rebbi Meïr: From the time [the child] knows to answer Amen in the synagogue. What is the reason? (Is. 26:2) “Open the gates, let the just people come who keep trust.” There they say, from when they are circumcised (Ps. 88:16): “I carried your fear, I cease” But the rabbis from here say, from when they are born (Ps. 87:5): “He will say to Zion, everybody [who] was born [is] in it.” Rebbi Eleazar says, even the still-born, what is the reason? (Is. 49:6) “The watched ones of Israel to return”, the created ones of Israel to return.

HALAKHAH: In the days of Rebbi Immi there was a fire in the village. Rebbi Immi sent a crier to the markets of the Gentiles saying: “He who works will not lose.” Rebbi Eleazar ben Rebbi Yose said, that was danger to life. But if there was danger to life, Rebbi Immi himself should have fought the fire! Did we not state, in any case of danger to life one does not say that [the necessary work] be done by women or minors, but [it should be done] even by adults, even by Jewish persons. “It happened that there was a fire in the courtyard of Yose ben Simai in Shiḥin, and the garrison of the barracks of Sepphoris came to fight it but he did not let them fight it; he said, let the collector collect his due. Immediately there formed a cloud which extinguished it. After the Sabbath he sent to each of them a tetradrachma and to their commander 50 denarii.” The Sages said, there was no need for him to do that. A Nabatean was in the neighborhood of Rebbi Jonah. There was a fire in Rebbi Jonah’s neighborhood; the Nabatean wanted to fight it but Rebbi Jonah did not let him. He said to him, because of my property! He said, yes. And everything was saved. Rebbi Jonah from Kefar-Immi spread his garment over the grain stack and the fire retreated from it.

MISHNAH: One does not slaughter the Pesaḥ for a single person, the words of Rebbi Jehudah; but Rebbi Yose permits. One does not slaughter for a group, even of a hundred, if none of them can eat the volume of an olive, and one does not form a group of women, slaves, and minors.

It was stated: one does not form a group of women, slaves, and minors, since they increase lewd behavior. Bar Qappara stated, because they bring sancta to disqualification. Rebbi Jacob bar Aḥa in the name of Rebbi Issy: One does not form a group from proselytes. Since they are [faulty they are not] diligent about it and bring it to disqualification.

It was stated: “A man has to make his family happy on a feast of pilgrimage. How does he make them happy? With wine. Rebbi Jehudah used to say, women with what is appropriate for them, and minors with what is appropriate for them. Women with what is appropriate for them, for example shoes and belts, and minors with what is appropriate for them, for example nuts and pistachios.” They said, Rebbi Tarphon acted in this way.

It was stated: “A man has to make his family happy on a feast of pilgrimage. How does he make them happy? With wine. Rebbi Jehudah used to say, women with what is appropriate for them, and minors with what is appropriate for them. Women with what is appropriate for them, for example shoes and belts, and minors with what is appropriate for them, for example nuts and pistachios.” They said, Rebbi Tarphon acted in this way.

It was stated: In any case of danger to life one does not say that the work be done by Gentiles or minors, but even by adult Jewish persons. “It happened that there was a fire in the courtyard of Yose ben Simai in Shihin, and the garrison of the barracks of Sepphoris came to fight it but he did not let them fight it; he said, let the collector collect his due. Immediately there formed a cloud which extinguished it. After the Sabbath he sent to each of them a tetradrachma and to their commander 50 denarii.” The Sages said, there was no need for him to do that. A Nabatean was a neighbor of Rebbi Jonah. There was a fire in Rebbi Jonah’s neighborhood; the Nabatean wanted to fight it but Rebbi Jonah did not let him. He said to him, because of my property! He said, yes. And everything was saved. Rebbi Jonah from Kefar-Immi spread his garment over the burning grain stack and the fire retreated from it.

MISHNAH: On the Fifteenth, money changers were sitting in the country side; on the Twenty Fifth they were sitting in the Temple. From the date they were sitting in the Temple one started to take pledges. From whom does one take pledges? From Levites, Israel, proselytes, and freed slaves, but not from women, slaves, and minors. Any minor for whom his father started to give the sheqel does not stop any more. However one does not take pledges from Cohanim because of communal peace. Rebbi Jehudah said: “Ben Kukhri testified at Jabneh that any Cohen who pays the sheqel does not sin. Rabban Joḥanan ben Zakkai told him, on the contrary, any Cohen who does not pay the sheqel does sin, only the Cohanim explain the following verse for their benefit: Any flour offering of a Cohen shall be totalled, it may not be eatenl. If the `omer, the two breads, and the shew bread are ours, how may they be eaten?l”

MISHNAH: Even though they said that one does not take pledges from women, slaves, and minors, but if they gave the sheqel one accepts it from them. One does not accept from the Non-Jew and the Samaritan, and from them one does not accept nests of male sufferers from gonorrhea, nests of female sufferers from flux, nests of women having given birth, and purification and reparation sacrifices. This is the principle: Anything which can be given as a vow or a gift one does accept from them; anything which\can be given neither as a vow nor a gift one does not accept from them. So it is spelled out by Ezra, it is not upon you and us to build our God’s House. The following are liable for agio: Levites, Israelites, proselytes, and freedmen, but not priests, women, slaves, and minors. He who pays the sheqel for a slave, a woman, a priest, or a minor, is not liable. He who paid the sheqel for himself and another person is liable for one agio; Rebbi Meïr says, two agios. He who gives a tetradrachma to receive back a sheqel is liable for two agios. A person who pays the sheqel for a poor person. a neighbor, or a dweller in his town is not liable for the agio, unless it is as a loan, then he is liable. Brothers who are partners who are liable for the agio are not liable for animal tithe; if they are liable for animal tithe they are not liable for the agio. How much is the agio? A silver obolos, the words of Rebbi Meïr; but the Sages say, half an obolos.

MISHNAH: Even though they said that one does not take pledges from women, slaves, and minors, but if they gave the sheqel one accepts it from them. One does not accept from the Non-Jew and the Samaritan, and from them one does not accept nests of male sufferers from gonorrhea, nests of female sufferers from flux, nests of women having given birth, and purification and reparation sacrifices. This is the principle: Anything which can be given as a vow or a gift one does accept from them; anything which\can be given neither as a vow nor a gift one does not accept from them. So it is spelled out by Ezra, it is not upon you and us to build our God’s House. The following are liable for agio: Levites, Israelites, proselytes, and freedmen, but not priests, women, slaves, and minors. He who pays the sheqel for a slave, a woman, a priest, or a minor, is not liable. He who paid the sheqel for himself and another person is liable for one agio; Rebbi Meïr says, two agios. He who gives a tetradrachma to receive back a sheqel is liable for two agios. A person who pays the sheqel for a poor person. a neighbor, or a dweller in his town is not liable for the agio, unless it is as a loan, then he is liable. Brothers who are partners who are liable for the agio are not liable for animal tithe; if they are liable for animal tithe they are not liable for the agio. How much is the agio? A silver obolos, the words of Rebbi Meïr; but the Sages say, half an obolos.

MISHNAH: Women, slaves, and minors are not obligated for the sukkah. Any minor who does not need his mother is obligated for the sukkah. It happened that the Elder Shammai’s daughter-in-law gave birth and he removed the roof insulation and thatched the roof over the bed for the minor.

HALAKHAH: He said only minors, therefore not adults. Did not Rebbi Avinna say in the name of Rav, if an etrog became disqualified on the first day of the holiday one is permitted to eat it? Rebbi Yose said, there while he cannot use it to fulfill his obligation, others might use it to fulfill their obligation. But here neither he nor others can use it to fulfill their obligation.

“Rebbi Jehudah qualifies the underage.” “Rebbi Jehudah said, I was a minor and read it in front of Rebbi Tarphon at Lydda. They said to him, you were a minor and there is no testimony from minors. Rebbi said, it happened and I read it in the presence of Rebbi Jehudah at Usha. They said to him, that is no proof since he is the one who permits it.” From then on the public used to read it in the synagogue. Bar Qappara said, one has to read it in front of women and children because they also were in the doubt. Rebbi Joshua ben Levi acted thus; he assembled his sons and the people of his house and read it in front of them.

MISHNAH: If two men gave qiddushin to two women and when they entered the bridal chamber they switched each of them to the other, they are guilty of [adultery with] a married woman. If they were brothers, they also are guilty because of [the prohibition of] the brother’s wife. If they were sisters, they are guilty also because of [the prohibition of] “a woman in addition to her sister”. If they were menstruating, they are guilty also because of [the prohibition of] menstruating women. And all of these one separates for three months to see whether they are pregnant. If they were minors not able yet to have children one returns them at once. If they were from priestly families they are disabled for heave.

Rebbi Ḥiyya stated: Sometimes four times, sometimes eight times, sometimes twelve times, sometimes sixteen times. They are guilty under the heading of adultery with a married woman, each couple for two. If they were brothers, under the heading of “brother’s wife”, each couple for four. If they were sisters, under the heading of “a wife together with her sister”, each couple six. If they were menstruating, under the heading of “menstruating”, each couple eight. If the men are minors and the women adults, they are free. If the men are adults and the women minors, they are obligated two by two because of menstruation. If their father married them off, for all eight. If one of the men was an adult and the other a minor, the one who had intercourse with the minor is guilty as wife of the adult but the one who had intercourse with the adult is free as wife of the minor.

Rebbi Ḥiyya stated: Sometimes four times, sometimes eight times, sometimes twelve times, sometimes sixteen times. They are guilty under the heading of adultery with a married woman, each couple for two. If they were brothers, under the heading of “brother’s wife”, each couple for four. If they were sisters, under the heading of “a wife together with her sister”, each couple six. If they were menstruating, under the heading of “menstruating”, each couple eight. If the men are minors and the women adults, they are free. If the men are adults and the women minors, they are obligated two by two because of menstruation. If their father married them off, for all eight. If one of the men was an adult and the other a minor, the one who had intercourse with the minor is guilty as wife of the adult but the one who had intercourse with the adult is free as wife of the minor.

Rebbi Abba in the name of Rebbi Jeremiah: A rape victim does not have to wait three months. But did we not state: “One separates them for three month to see whether they are pregnant. If they were minors not yet able to have children one returns them at once.” That is different, it is for the benefit of the child.

HALAKHAH: “A woman’s husband went overseas,” etc. As you say there, “these women one separates for three months to see whether they are pregnant. If they were minors not yet able to have a child one returns them at once.” Should one not say the same here? There is a difference, since there others deceived them. Did here not also others deceive them? They instituted a fine so that she should investigate carefully. Then they should fine her with respect to the second [husband] but not with respect to the first! Rebbi Joḥanan said, they touched this case because it looks like adultery. Then she should not need a bill of divorce from him! There is a difference since she was married to him in a lawful manner. Samuel said, I say, maybe he sent her a bill of divorce from overseas. Rebbi Ḥaggai objected before Rebbi Ze‘ira: Did we not state: “If they said to her, your husband has died, she was betrothed and then her husband came, she is permitted to return to him.” If you say, maybe he sent her a bill of divorce from overseas; should she not be forbidden to return to him? But it must follow Rebbi Yose ben Kipper, as Rebbi Yose ben Kipper said, from betrothal it is permitted. Did Rebbi Yose ben Kipper not agree that if the second husband gave her a bill of divorce that she was not disabled from priesthood? As we have stated, “even if the second husband gave her a bill of divorce, she was not disabled from priesthood.” The rabbis of Caesarea in the name of Rebbi Hila: In order to make clear the prohibition of the first.

“In the following cases, one is trustworthy to testify as an adult about what he saw in his minority,” etc. They are only trustworthy as adults about what they saw as minors; therefore, not as minors! There, we have stated: “A woman or a minor are trustworthy when they said, from there a swarm of bees left. He then can enter another’s field and take his swarm.” And here, you say so? Rebbi Aḥa, Rebbi Ḥananiah in the name of Rebbi Joḥanan: Rebbi Joḥanan ben Beroqa said this only about a swarm of bees because taking it is not robbery by biblical standards. Rav Oshaiah stated, only if it is swarming. But not if it clings to a branch. Rebbi Ze‘ira asked before Rebbi Mana: Is that not reasonable only when it happens, but not after some time? He said to him, I agree. And we have stated: When is this said? When they testified to what they said. But if they left and came back, I am saying that they speak out of fear or were seduced.

“In the following cases, one is trustworthy to testify as an adult about what he saw in his minority,” etc. They are only trustworthy as adults about what they saw as minors; therefore, not as minors! There, we have stated: “A woman or a minor are trustworthy when they said, from there a swarm of bees left. He then can enter another’s field and take his swarm.” And here, you say so? Rebbi Aḥa, Rebbi Ḥananiah in the name of Rebbi Joḥanan: Rebbi Joḥanan ben Beroqa said this only about a swarm of bees because taking it is not robbery by biblical standards. Rav Oshaiah stated, only if it is swarming. But not if it clings to a branch. Rebbi Ze‘ira asked before Rebbi Mana: Is that not reasonable only when it happens, but not after some time? He said to him, I agree. And we have stated: When is this said? When they testified to what they said. But if they left and came back, I am saying that they speak out of fear or were seduced.

HALAKHAH: “If he had his house to build, his fence to repair,” etc. May he say, he who works will not lose? Let us hear from the following. In the days of Rebbi Immi there was a fire in the village. Rebbi Immi sent a crier to the markets of the Gentiles saying: “He who works will not lose.” Rebbi Eleazar ben Rebbi Yose said, that was danger to life. But if there was danger to life, Rebbi Immi himself should have fought the fire! Did we not state, in any case of danger to life one does not say that [the necessary work] be done by Gentiles or minors, but [it should be done] even by important Jewish persons. It happened that there was a fire in the courtyard of Yose ben Simai in Šiḥin, and the garrison of the barracks of Sepphoris came to fight it but he did not let them fight it; he said, let the collector collect his due. Immediately there formed a cloud, there was rain which extinguished it. After the Sabbath he sent to each of them a tetradrachma and to their commander 50 denarii. Rebbi Ḥanina said, there was no need for him to do that A Samaritan was a neighbor of Rebbi Jonah. There was a fire in Rebbi Jonah’s neighborhood; he wanted to fight it but Rebbi Jonah did not let him. He said to him, because of my property! He said, yes. And everything was saved. Rebbi Jonah from Kefar-Immi spread his garment over the grain stack and the fire retreated from it.

If a convert died and Jews plundered his property, if there were slaves, either adult or underage, they gain their freedom. Abba Shaul said, the adults gain their freedom, the minors do not become free. Why? They are no longer property after their owner’s death. Then even adults? Rebbi Abba said, since adults are competent to acquire themselves, they gain their freedom. Minors, who are not competent to acquire for themselves, do not gain their freedom. Rebbi Joshua ben Levi said, practice follows Abba Shaul. The opinions of Rebbi Joshua ben Levi are contradictory. There, Rebbi Simon in the name of Rebbi Joshua ben Levi and Rebbi Yossi ben Shaul in the name of Rebbi said: A person who has given up hope to recover his slave is not entitled to enslave him. They said, what Rebbi Joshua said about enslaving, if he did not give, he did not give; perhaps practice would be to enslave him, therefore he has to write him a bill of manumission. And here, he says so! We heard that Rebbi Joḥanan said, Rebbi Joshua ben Levi taught us that correctly, perhaps practice follows Abba Shaul. The slave girl of Rabba bar Zuṭra ran away and he gave up hope to recover her. He went to ask Rebbi Ḥanina and Rebbi Joshua ben Levi. They said, he is not entitled to enslave her. How is it to write her a bill of manumission? They said to him, if you wrote, you did the right thing. Rebbi Ḥanina in the name of Rebbi Ismael ben Rebbi Yose: A slave who married as a free person in the presence of his master gained his freedom. Rebbi Joḥanan said, yesterday I was sitting and formulating: If somebody writes a document of preliminary marriage for his slave or a document of definitive marriage for his girl slave, Rebbi says, they acquired, but the Sages say, they did not acquire. The first Tanna follows Rebbi: he acquired.

If a convert died and Jews plundered his property, if there were slaves, either adult or underage, they gain their freedom. Abba Shaul said, the adults gain their freedom, the minors do not become free. Why? They are no longer property after their owner’s death. Then even adults? Rebbi Abba said, since adults are competent to acquire themselves, they gain their freedom. Minors, who are not competent to acquire for themselves, do not gain their freedom. Rebbi Joshua ben Levi said, practice follows Abba Shaul. The opinions of Rebbi Joshua ben Levi are contradictory. There, Rebbi Simon in the name of Rebbi Joshua ben Levi and Rebbi Yossi ben Shaul in the name of Rebbi said: A person who has given up hope to recover his slave is not entitled to enslave him. They said, what Rebbi Joshua said about enslaving, if he did not give, he did not give; perhaps practice would be to enslave him, therefore he has to write him a bill of manumission. And here, he says so! We heard that Rebbi Joḥanan said, Rebbi Joshua ben Levi taught us that correctly, perhaps practice follows Abba Shaul. The slave girl of Rabba bar Zuṭra ran away and he gave up hope to recover her. He went to ask Rebbi Ḥanina and Rebbi Joshua ben Levi. They said, he is not entitled to enslave her. How is it to write her a bill of manumission? They said to him, if you wrote, you did the right thing. Rebbi Ḥanina in the name of Rebbi Ismael ben Rebbi Yose: A slave who married as a free person in the presence of his master gained his freedom. Rebbi Joḥanan said, yesterday I was sitting and formulating: If somebody writes a document of preliminary marriage for his slave or a document of definitive marriage for his girl slave, Rebbi says, they acquired, but the Sages say, they did not acquire. The first Tanna follows Rebbi: he acquired.

There could be terms. If he entered into terms with him, it is permitted. That means, with adults. With minors, the terms can be with their masters. That is, if the master was a Jew. If he was Gentile? Rebbi Tevele sold his slave and entered into terms with his master. Rebbi Isaac the goldsmith had slaves who fled to Bnoton. He came and asked Rebbi Immi who instructed him that a sales contract is forbidden, a loan for use is permitted, a cession is questionable. The slave girl of Rebbi Abba bar Ada fled to Cilicia. He came and asked Rebbi Mana, who instructed him following Rebbi Immi: a sales contract is forbidden, a loan for use is permitted, a cession is questionable.

HALAKHAH: “If it became public knowledge in town that she was preliminarily married, she is preliminarily married”. Rebbi Yasa in the name of Rebbi Joḥanan: If lights are burning and people talk. Rebbi Ze‘ira objected before Rebbi Yasa: But did we not state: “If it became public knowledge in town that she was preliminarily married, she is preliminarily married; divorced, she is divorced”? Can you say that lights are burning? No, people talk. So here also, people talk. Rebbi Yasa in the name of Rebbi Joḥanan: If the title was checked and found to be from the mouth of women or minors, the title is abolished. Rav said, they permitted only in case of a hearsay witness.

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

MISHNAH Women, slaves and minors are exempt from reading the Shema'

It is quoted in objection: If two sleep in one bed, one turns his face away and reads [the Shema'] and the other acts likewise. But there is another teaching: One who sleeps in a bed with his children or members of his household by his side should not read the Shema' unless a sheet separates between them ; but if his children or the members of his household are minors, then he is permitted [to read the Shema' without such separation]!

The master said above, "If his children or members of his household are minors, it is permitted." Up to what age? Rab Hisda said: With females, three years and one day; with a male, nine years and one day. Others declare : With females, eleven years and one day ; with a male, twelve years and one day — i.e. with both of them until the age when "the breasts were fashioned and the hair grown" (Ezek. xvi. 7).

One who has eaten of the untithed, or the first tithe from which Terumah has not been taken, or the second tithe or food belonging to the Sanctuary which had not been redeemed, and the attendant who has eaten Iess than the size of an olive, and the idolator may not be included for Zimmun. Women, slaves and minors may not be included. How much [must one have eaten at the meal] to be included for Zimmun ? The size of an olive. R. Judah says : The size of an egg.

Come and hear: Women may arrange Zimmun for themselves and slaves for themselves; but women, slaves and minors may not include each other should they desire Zimmun. And although a hundred women are like two men, yet it teaches "Women arrange Zimmun for themselves and slaves for themselves" !

Women, slaves and minors may not be included for Zimmun, R. Jose said : An infant lying in the cradle may be included for Zimmun.

But lo, there is our Mishnaic teaching : Women, slaves and minors may not be included!

Thus he said to them: If you will answer [with regard to her seven sons] that her sons were minors, and minors are free from [the mitzvah of] the sukkah, since [however] she had seven, there must have been at least one who was [old enough] not to be dependent on his mother;

Thus he said to them: If you will answer [with regard to her seven sons] that her sons were minors, and minors are free from [the mitzvah of] the sukkah, since [however] she had seven, there must have been at least one who was [old enough] not to be dependent on his mother;

1) Women, slaves and minors are exempt from the [commandment] of the sukkah. 2) A minor who no longer relies on his mother is obligated in the [commandment] of the sukkah. 3) It happened that the daughter-in-law of Shammai the elder gave birth and he opened up the ceiling and put skhakh on top of the bed[posts] on behalf of the minor.

Gemara. From where do we know this? For our Rabbis taught: [If Scripture had said] "Homeborn" [it would have included] every homeborn [Jew], [but since it says] "the homeborn" it excludes women. "Every" includes minors.

The master said, [The word] "every" comes to include minors. But have we not learned: women, slaves and minors are exempt from the sukkah? There is no difficulty. One source refers to a minor who has reached the age of education, and one source refers to where he has not yet reached the age of being trained. But is not the obligation of a minor who has reached the age of being trained a derabanan (from the rabbis) commandment? It is indeed of rabbinical origin, the Scriptural verse was merely a support.

The master said, [The word] "every" comes to include minors. But have we not learned: women, slaves and minors are exempt from the sukkah? There is no difficulty. One source refers to a minor who has reached the age of education, and one source refers to where he has not yet reached the age of being trained. But is not the obligation of a minor who has reached the age of being trained a derabanan (from the rabbis) commandment? It is indeed of rabbinical origin, the Scriptural verse was merely a support.

But perhaps the whole [of the Mishnah] is R. Judah, and he teaches of two kinds of minors, and the Mishnah is lacking and it should teach this: All are qualified to read the Megillah, except a deaf man, an imbecile and a minor. What is this speaking of? Of a minor who is not old enough to be educated in the mitzvot. But a minor who is old enough to be educated in the mitzvot may read even ab initio, since R. Judah declares a minor qualified!