mishnah
4034 occurrences across the corpus
The Jerusalem Talmud
MISHNAH: If his wife had a miscarriage, he is not a nazir. Rebbi Simeon says, he should say: If it was a viable child, I am a nazir as an obligation, if not, I am a nazir voluntarily. If afterwards she had a child, he is a nazir. Rebbi Simeon says, he should say: If the earlier one was a viable child, I earlier was a nazir as an obligation, and now I am a nazir voluntarily; otherwise, I earlier was a nazir voluntarily, and now I am a nazir as an obligation.
HALAKHAH: “If his wife had a miscarriage,” etc. Should one not be afraid that he might have been viable? Rebbi Joḥanan said, [the Mishnah] is Rebbi Jehudah’s, since Rebbi Jehudah said, any doubt of nezirut is permitted. It was said to him that Rebbi Jehudah said so only for the end; but for the start even Rebbi Jehudah will agree. What is beginning and what is end? Rebbi Samuel ben Rav Isaac said, everybody agrees that “I do not know whether I made a vow of nazir or not,” is at the beginning, “whether it was for 30 or 50 days”, is at the end. Rebbi Yose ben Rebbu Abun said: Rebbi Ḥiyya bar Abba and Rebbi Samuel ben Rav Isaac disagreed: Everybody agrees that “I do not know whether I made a vow of nazir or not,” is at the beginning, “whether it was for 30 or 50 days”, is at the end. Where do they disagree? If it was once or twice. Rebbi Ḥiyya bar Abba considered it the end, Rebbi Samuel considered it the beginning. Rebbi Mana: The problem for Rebbi Samuel ben Rav Isaac about one or two times is whether it is the beginning or the end.
MISHNAH: “I am a nazir and a nazir when a son is born to me.” If he started counting for himself when a son was born to him, he finishes his own and then counts for his son. “I am a nazir when a son is born to me, and a nazir.” If he had started counting for himself when a son was born to him he interrupts his own, counts for his son, and then finishes for himself.
HALAKHAH: “ “I am a nazir and a nazir when a son is born to me,” etc. Rebbi Yose asked: If he said, “I am a nazir for these 30 days and those 30 days.” Rebbi Ze‘ira said before Rebbi Mana: Is that not the Mishnah? “He interrupts his own, counts for his son, and then finishes for himself.” Not even if his wife is in the process of giving birth? He said to him, his nezirut is not comparable to his son’s nezirut, but to the case that he said, “I am already a nazir and a nazir after twenty days.” Rebbi Eleazar and Rebbi Yose ben Ḥanina both say: If he finished his nezirut, his son’s nezirut cannot start for him before he was shaving with a sacrifice. About a nazir who became impure, the opinions of Rebbi Yose ben Ḥanina seem contradictory. There, he says, if a person impure by the impurity of the dead made a vow of nazir, his seventh day is counted. If a nazir becomes impure, his seventh day is not counted. In our case, is he not like a person impure by the impurity of the dead, who made a vow of nazir? And is not the seventh day counted for a person impure by the impurity of the dead, who made a vow of nazir? Would this obligate him to bring a sacrifice for his impurity? But if a nazir who becomes impure, his seventh day is not counted; does it not obligate him to bring a sacrifice for his impurity? And here, because he is obligated to bring a sacrifice (of impurity), the seventh day is [not] counted for him.
MISHNAH: “I shall be a nazir if a son is born to me and a nazir for 100 days.” If a son is born to him in less than 70 [days], he should not lose anything. After 70 [days], he reduces to 70 since no shaving is for less than 30 days.
HALAKHAH: ““I shall be a nazir if a son is born to me,” etc. It is obvious that the end of a day is counted as a full [day]. Is the start of a day counted as a full day? Is that not the Mishnah: “after 70 [days], he reduces to 70,” not even a part? This implies that the start of a day is counted as a full day.
MISHNAH: If somebody said, “I am a nazir,” he shaves on the 31 day, but if he shaved on the 30 day, he has fulfilled his obligation. “I am a nazir for 30 days,” if he shaved on the 30th day, he did not fulfill his obligation.
Something happened to Rebbi Immi and he shaved on the 30 day, and something happened to Rebbi Immi and he shaved on the 31 day. Rebbi Zeriqa said, Rebbi Immi learned this from the Mishnah, as we have stated there: “If somebody vowed two neziriot, he shaves for the first on the 31 day, for the second on the 61 day.” Rebbi Yose said, there when it happened, here from the start. Rebbi Jeremiah instructed Rebbi Isaac Aṭoshia, and some say, Rav Ḥiyya bar Rav Isaac Aṭoshia, to shave on the 30th day, following the Mishnah: “Eight days, the decree of 30 days is waived for him.” The eighth has the same status as the 30 day. Rebbi Yose said, there is a difference; there they permitted in order to honor the holiday. You should know this, since Rebbi Ḥelbo bar Ḥuna said in the name of Rebbi Joḥanan: If his eighth day falls on the Sabbath, he shaves Sabbath eve. If you say that they did not permit in order to honor the holiday, then even if his 30 day falls on the Sabbath, he should shave Sabbath eve. In addition, from what Rebbi Joḥanan had said: “For all deceased he stitches together after seven days and mends after 30.” Why should he not stitch on the seventh day and mend on the 30 day? Rebbi Ḥaggai said, this has been transmitted in this way and that has been transmitted in that way.
Something happened to Rebbi Immi and he shaved on the 30 day, and something happened to Rebbi Immi and he shaved on the 31 day. Rebbi Zeriqa said, Rebbi Immi learned this from the Mishnah, as we have stated there: “If somebody vowed two neziriot, he shaves for the first on the 31 day, for the second on the 61 day.” Rebbi Yose said, there when it happened, here from the start. Rebbi Jeremiah instructed Rebbi Isaac Aṭoshia, and some say, Rav Ḥiyya bar Rav Isaac Aṭoshia, to shave on the 30th day, following the Mishnah: “Eight days, the decree of 30 days is waived for him.” The eighth has the same status as the 30 day. Rebbi Yose said, there is a difference; there they permitted in order to honor the holiday. You should know this, since Rebbi Ḥelbo bar Ḥuna said in the name of Rebbi Joḥanan: If his eighth day falls on the Sabbath, he shaves Sabbath eve. If you say that they did not permit in order to honor the holiday, then even if his 30 day falls on the Sabbath, he should shave Sabbath eve. In addition, from what Rebbi Joḥanan had said: “For all deceased he stitches together after seven days and mends after 30.” Why should he not stitch on the seventh day and mend on the 30 day? Rebbi Ḥaggai said, this has been transmitted in this way and that has been transmitted in that way.
MISHNAH: If somebody vowed two neziriot, he shaves for the first on the 31 day, for the second on the 61 day, but if he shaved for the first on the 30 day, he shaves for the second on the 60, and if he shaved on the day before the 6018, he has fulfilled his obligation. The following testimony did Rebbi Pappaias give: if somebody vowed two neziriot, he shaves for the first on the 31st day, for the second on the 61st day, but if he shaved for the first on the 30th day, he shaves for the second on the 60th, and if he shaved on the day before the 60th, he has fulfilled his obligation since the 30th day is counted for him.
MISHNAH: If somebody says, “I am a nazir” and became impure on the 30 day, he invalidated everything; Rebbi Eliezer says, he invalidated only seven. “I am a nazir for 30 days,” if he became impure on the 30 day, he invalidated everything.
MISHNAH: “I am a nazir for 100 days,” if he became impure on day 100 he invalidated everything but Rebbi Eliezer said, he invalidated only 30. If he became impure on day 101, he invalidated 30; Rebbi Eliezer said, he invalidated only seven.
MISHNAH: If somebody made a vow of nazir while he was in a cemetery, even if he stayed there for thirty days, they are not counted and he does not bring a sacrifice for impurity. If he left and re-entered, they are counted and he has to bring a sacrifice for impurity. Rebbi Eliezer said, not on that day, since it is said: “The earlier days fall away,” until he has earlier days.
If he is still there, Rebbi Joḥanan said, one warns him about everything for every possible leaving, and he is whipped. Rebbi Eleazar said, he does not accept [warning] unless he leaves and returns. Rebbi Abba said: So did Rebbi Joḥanan answer Rebbi Eleazar: Is it not written, “he shall not come” and “he may not defile himself”? He said to him, if they warned him because of “he shall not come”, he is whipped; because of “he shall not defile himself” he is not whipped. Rebbi Hila said, Rebbi Joḥanan learned from prostrating, as we have stated there: “If he prostrated himself or stayed there long enough to prostrate himself.” Rebbi Mattaniah said, we thought that was where they do disagree? About lashes, but not about a sacrifice. Since Rebbi Hila said, Rebbi Joḥanan learned from prostrating, that means that lashes and sacrifices are one and the same. A Mishnah disagrees with Rebbi Joḥanan: “A nazir who drank wine the entire day is guilty only once.” He explains it, that his throat was never empty. A Mishnah disagrees with Rebbi Joḥanan: “If he was defiling himself for the dead the entire day, he is guilty only once.” He explains it about one who waits before every leaving, who is whipped. A baraita disagrees with Rebbi Joḥanan: If a Cohen was standing in a cemetery and they were handing another corpse to him, could he accept? The verse says, “the husband shall be defiled for his family.” If he accepted it, I could think that he was guilty. The verse says, “to be profaned”. One who adds impurity to the impurity; that excludes him who does not add impurity to his impurity. Rebbi Ze‘ira said, Rebbi Neḥemiah said, “to be profaned”, that excludes him who does not add impurity to his impurity, lest he say, because I became defiled for my father I may go and collect the bones of X. “To be profaned”, at the time of death; Rebbi said, also “in their death.” Rebbi Simeon ben Laqish said, they disagree. It follows that Rebbi Simeon bar Abba follows Rebbi Simeon ben Laqish. When Simeon bar Abba was dying, he said, this should be taken out here, that should be taken out there.
If he is still there, Rebbi Joḥanan said, one warns him about everything for every possible leaving, and he is whipped. Rebbi Eleazar said, he does not accept [warning] unless he leaves and returns. Rebbi Abba said: So did Rebbi Joḥanan answer Rebbi Eleazar: Is it not written, “he shall not come” and “he may not defile himself”? He said to him, if they warned him because of “he shall not come”, he is whipped; because of “he shall not defile himself” he is not whipped. Rebbi Hila said, Rebbi Joḥanan learned from prostrating, as we have stated there: “If he prostrated himself or stayed there long enough to prostrate himself.” Rebbi Mattaniah said, we thought that was where they do disagree? About lashes, but not about a sacrifice. Since Rebbi Hila said, Rebbi Joḥanan learned from prostrating, that means that lashes and sacrifices are one and the same. A Mishnah disagrees with Rebbi Joḥanan: “A nazir who drank wine the entire day is guilty only once.” He explains it, that his throat was never empty. A Mishnah disagrees with Rebbi Joḥanan: “If he was defiling himself for the dead the entire day, he is guilty only once.” He explains it about one who waits before every leaving, who is whipped. A baraita disagrees with Rebbi Joḥanan: If a Cohen was standing in a cemetery and they were handing another corpse to him, could he accept? The verse says, “the husband shall be defiled for his family.” If he accepted it, I could think that he was guilty. The verse says, “to be profaned”. One who adds impurity to the impurity; that excludes him who does not add impurity to his impurity. Rebbi Ze‘ira said, Rebbi Neḥemiah said, “to be profaned”, that excludes him who does not add impurity to his impurity, lest he say, because I became defiled for my father I may go and collect the bones of X. “To be profaned”, at the time of death; Rebbi said, also “in their death.” Rebbi Simeon ben Laqish said, they disagree. It follows that Rebbi Simeon bar Abba follows Rebbi Simeon ben Laqish. When Simeon bar Abba was dying, he said, this should be taken out here, that should be taken out there.
Rebbi Yose said, what is his problem? Of a pure nazir. But for an impure nazir, it is obvious to him that they cannot be combined. Rebbi Mana said before Rebbi Yose: Is that not an argument of “so much more”? Since for days which are counted neither for his nor for his son’s nezirut, you say that they are combined, days which are counted for his and for his son’s nezirut, it would only be logical that they should be combined! Rebbi Mana said, there he is not in a state to receive a warning, but here he is in a state to receive a warning. Rebbi Abun bar Ḥiyya asked: Since you say there about Rebbi Eliezer, at the start only if he has something to omit; at the end even if he has nothing to omit? Rebbi Ze‘ira said before Rebbi Mana, is that not a Mishnah? “If he became impure on day 101, he invalidated 30; Rebbi Eliezer said, he invalidated only seven.” He said, we hear that he invalidates; did we hear that he brings a sacrifice?
MISHNAH: If somebody vowed a lengthy nezirut, finished his nezirut, and then came to the Land, the House of Shammai say, he is a nazir for 30 days, but the House of Hillel say, he is a nazir from the start. It happened to Queen Helena that her son went to war and she said, if my son returns from the war, I shall be a nezirah for seven years. Her son returned from war and she was a nezirah for seven years. At the end of seven years, she came to the Land, and the House of Hillel instructed her to be a nezirah for another seven years. At the end of seven years she became impure and was nezirah for a total of 21 years. Rebbi Jehudah said, she was a nezirah only for fourteen years.
MISHNAH: If two groups of witnesses were testifying against a person, one group say that he vowed nazir two times, the others say that he vowed nazir five times. The House of Shammai say, the testimony is split and there is no nezirut here. But the House of Hillel say, five contains two; he should be a nazir twice.
HALAKHAH: “If two groups of witnesses,” etc. Rav said, they differ in the overall testimony. But in detail, everybody agrees that five contains two, and that he has to be a nazir for two periods. Rebbi Joḥanan said, they differ in counting. But in an overall testimony, everybody agrees that the testimonies contradict one another and there is no nezirut. What is overall and what is counting? Overall, this one says two, the other one says five. Counting, this one says one, two, the other one says three, four, five. Rav said, if testimony was contradictory in its essence, the testimony is not void. Rebbi Joḥanan said, if testimony was contradictory in itself, the testimony is void. In the opinion of everybody, if testimony was contradictory in some aspects that belong after the fact, the testimony is not void. Rebbi Joḥanan is consistent in what he said, since Rebbi Abba, Rebbi Ḥiyya, said in the name of Rebbi Joḥanan, if it was agreed that he counted but one [witness] said, he counted from a wallet and the other said, he counted from a bundle, that contradicts the essence of the testimony, and Rav will agree that the testimony is void. Where do they disagree? If there were two groups of witnesses, these say he counted from a wallet and the others say he counted from a bundle. That contradicts the essence of the testimony, the testimony is void, but according to Rav, the testimony is not void. If one [witness] said, he killed him with a mace, the other [witness] said, he killed him with a sword, that contradicts the essence of the testimony; the testimony is void and Rav will agree that the testimony is void. Where do they disagree? If there were two groups of witnesses, these say he killed him with a mace and the others say, he killed him with a sword. That contradicts the essence of the testimony; the testimony is void, but according to Rav, the testimony is not void. If these say, he ran away to the South and those say, he ran away to the North, everybody agrees that the testimony was contradictory in some aspects that refer [to] the facts, the testimony is not void. The strength of Rav comes from the following: “Rebbi Jehudah and Rebbi Simeon say, since both agree that he is not alive they can remarry.” He did nor hear that Rebbi Eleazar said, Rebbi Eliezer concedes in the case of witnesses. What is the difference between witnesses and the co-wife? They do not consider the co-wife’s words compared to that of her companion. A Mishnah disagrees with Rav: “Both in investigations and in cross examinations, if they contradict one another their testimony is void.” Rebbi Mana said, Rav will explain that as referring to single witness against single witness. Rebbi Abun said, even if you say groups and groups. There is a difference in criminal cases, as it is written: “Justice, justice you shall pursue”.
MISHNAH: If somebody said “I am a nazir” and another person heard it and said, “and so am I”, “and so am I”, “and so am I”, all of them are nezirim. If the first one was permitted, all are permitted; if the last was permitted, the last is permitted and all others forbidden. “I am a nazir” and another person heard it and said, “my mouth is as his mouth and my hair as his hair,” he is a nazir. “I am a nazir” and his wife heard it and said, “and so am I”, he can dissolve hers but his vow remains. “I am a nezirah” and her husband heard it and said, “and so am I”, he cannot dissolve.
HALAKHAH: “If somebody said ‘I am a nazir’ and another person heard it and said, ‘and so am I’,” etc. So is the Mishnah: “and so am I”, “and so am I”. Who is the Tanna of conjunctions? Rebbi Jehudah. But following Rebbi Meïr, “I am,” “I am”. Does the Mishnah require that all of them follow immediately after the speaking of the first? It was stated: If the middle one was permitted, all following him are permitted, all preceding him are forbidden. The Mishnah applies even if not all of them follow immediately after the speaking of the first, but each one follows immediately after the speaking of the preceding person. What means “to follow immediately after the speaking”? Rebbi Simon in the name of Rebbi Joshua ben Levi: The time needed for greeting between two people. Abba bar bar Ḥana in the name of Rebbi Joḥanan: The time needed for greeting between teacher and student, that he say to him, “peace upon you, my master.”
HALAKHAH: “If somebody said ‘I am a nazir’ and another person heard it and said, ‘and so am I’,” etc. So is the Mishnah: “and so am I”, “and so am I”. Who is the Tanna of conjunctions? Rebbi Jehudah. But following Rebbi Meïr, “I am,” “I am”. Does the Mishnah require that all of them follow immediately after the speaking of the first? It was stated: If the middle one was permitted, all following him are permitted, all preceding him are forbidden. The Mishnah applies even if not all of them follow immediately after the speaking of the first, but each one follows immediately after the speaking of the preceding person. What means “to follow immediately after the speaking”? Rebbi Simon in the name of Rebbi Joshua ben Levi: The time needed for greeting between two people. Abba bar bar Ḥana in the name of Rebbi Joḥanan: The time needed for greeting between teacher and student, that he say to him, “peace upon you, my master.”
HALAKHAH: “If somebody said ‘I am a nazir’ and another person heard it and said, ‘and so am I’,” etc. So is the Mishnah: “and so am I”, “and so am I”. Who is the Tanna of conjunctions? Rebbi Jehudah. But following Rebbi Meïr, “I am,” “I am”. Does the Mishnah require that all of them follow immediately after the speaking of the first? It was stated: If the middle one was permitted, all following him are permitted, all preceding him are forbidden. The Mishnah applies even if not all of them follow immediately after the speaking of the first, but each one follows immediately after the speaking of the preceding person. What means “to follow immediately after the speaking”? Rebbi Simon in the name of Rebbi Joshua ben Levi: The time needed for greeting between two people. Abba bar bar Ḥana in the name of Rebbi Joḥanan: The time needed for greeting between teacher and student, that he say to him, “peace upon you, my master.”
MISHNAH: “I am a nazir, and you?” If she said “amen”, he may dissolve hers, and his is void. “I am nezirah, and you?” If he said “amen”, he cannot dissolve.
MISHNAH: If a woman had made a vow of nazir but drank wine or defiled herself for the dead, she receives forty [lashes]. If her husband had dissolved her vow but she did not know that he had dissolved her vow when she drank wine or defiled herself for the dead, she does not receive forty [lashes]. Rebbi Jehudah said, if she does not receive forty, let her receive blows of rebelliousness.
MISHNAH: A woman who had made a vow of nazir and designated her animal when her husband dissolved her vow, if the animal was his, it leaves and grazes with the herd. But if the animal was hers, the purification offering shall die, the elevation offering shall be brought as an elevation offering, the well-being offering as a well-being offering, to be eaten on one day; it does not need bread. If she had money not designated, it should be given as a donation. If the monies were designated, the value of the purification offering shall be thrown into the Dead Sea; one may not use it but there can be no larceny. For the value of the elevation offering, they shall bring an elevation offering; it is subject to the law of larceny. For the value of the well-being offering, they shall bring a well-being offering, to be eaten on one day; it does not need bread.
MISHNAH: If one of the bloods was sprinkled for her, he cannot dissolve. Rebbi Aqiba says, even if one of the animals was slaughtered for her, he cannot dissolve. When has this been said? If she shaves in purity. But if she shaves in impurity he may dissolve since he can say, I cannot stand an unseemly wife. Rebbi says, he may dissolve even if she shaves in purity, since he can say, I cannot stand a shorn wife.
HALAKHAH: “If one of the bloods was sprinkled for her,” etc. He dissolves for her because of her hair. Rebbi Yose ben Rebbi Abun in the name of Rebbi Yose ben Ḥanina: It is a decision of Scripture: “He dissolved her vows,” he dissolves what is on her. Whenever he dissolves her vow, he dissolves what is on her. Rebbi Eleazar said, it follows Rebbi Simeon. Rebbi Joḥanan said, it is everybody’s opinion, after she was transferred from the prohibition to the positive commandment. The rabbis say, “afterwards, the nazir shall drink wine,” after all these actions. Rebbi Simeon says, even after a single action. Ḥizqiah said, the Mishnah supports Rebbi (Bevai). “When has this been said? If she shaves in purity. But if she shaves in impurity, he may dissolve since he can say, I cannot stand an unseemly wife.” Therefore, shaving in purity does not make her unseemly. Who holds that shaving does not make unseemly? Rebbi Simeon. Rebbi Yose bar Abun said, even Rebbi thinks so: “Rebbi says, he may dissolve even if she shaves [in purity], since he can say, I cannot stand a shorn wife.” Should he not say, I cannot stand an unseemly and shorn wife? Rebbi Joḥanan said, Rebbi (Jehudah) said that only for the purification sacrifice, since a purification sacrifice would be invalid if not in her name. That means, as long as it is alive it is surrendered to Heaven only by slaughter.
MISHNAH: A man can declare his son a nazir but a woman cannot declare her son a nazir. How is this? If he shaved him or relatives shaved him; if he protested or relatives protested, if he had designated animals, the purification offering shall die; the elevation offering shall be brought as elevation offering; the well-being offering shall be brought as elevation offering; it may be eaten for one day and does not need bread. If he had money not designated, it should be given as donation. If the monies were designated, the money’s worth of the purification offering shall be thrown into the Dead Sea; one may not use it but there can be no larceny. For the value of the elevation offering, he shall bring an elevation offering; it is subject to the law of larceny. For the value of the well-being offering, he shall bring a well-being offering, to be eaten on one day; it does not need bread. A man may shave on the basis of his father’s nezirut, but a woman may not shave on the basis of her father’s nezirut. How is this? If his father was a nazir and had set aside unspecified money for his nezirut when he died, and he said, I am a nazir on condition that I may shave on my father’s money, Rebbi Yose said, the money shall be given as donation, for he cannot shave on his father’s money. Who may shave based on his father’s nezirut? If both he and his father were nezirim and his father had set aside unspecified money for his nezirut when he died; this one shaves on his father’s nezirut.
MISHNAH: The house of Shammai say, dedication in error is dedication, but the House of Hillel say, dedication in error is not dedication. How? If one said, the black ox which comes out of my house first shall be dedicated, and a white one came out; the house of Shammai say, it is dedicated, but the House of Hillel say, it is not dedicated. The gold denar which first comes into my hand shall be dedicated, but it was a silver one; the house of Shammai say, it is dedicated, but the House of Hillel say, it is not dedicated. The wine amphora which first comes into my hand shall be dedicated, but it was a one of oil; the house of Shammai say, it is dedicated, but the House of Hillel say, it is not dedicated.
HALAKHAH: “The House of Shammai say, dedication in error is dedication.” There, we have stated: “If somebody intends to say heave but says tithe, tithe but says heave, fire offering but says well-being offering, well-being offering but says fire offering.” Rebbi Jeremiah said, if he intends to say “profane” and says “fire sacrifice”, he dedicated it. Rebbi Yose said, we consider only whether he intended to dedicate but erred because of something else. What is the status of this Mishnah? In the opinion of Rebbi Jeremiah it is in dispute, in the opinion of Rebbi Yose it is everybody’s opinion.
There, we have stated: “If somebody collects coins and says, ‘these are for my Temple tax,’ the House of Shammai say, the excess should be given as a donation, but the House of Hillel say, the excess is profane. ‘That I shall be able to pay my Temple tax,’ they agree that the excess is profane. ‘These [monies] are for my purification offering’, they agree that the excess is profane.” Rebbi Yose in the name of Rebbi Eleazar: When do they disagree? If he collects little by little. But if he says “these,” everybody agrees that the excess should be given as a donation. Rebbi Ḥizqiah, Rebbi Bevai in the name of Rebbi Eleazar: When do they disagree? If he collects little by little. But if he says “these,” everybody agrees that the excess is profane. Rebbi Ḥizqiah said, the Mishnah supports Rebbi Bevai: “Rebbi Simeon says, what is the difference between Temple tax and purification sacrifices? Only that the Temple tax is a fixed amount.” Where do we hold? If he says, “that I shall use it for the Temple tax,” everybody agrees that the excess should be given as a donation. If he says, “that I shall use it for my purification offering,” everybody agrees that the excess is profane. But we are considering one who says “these.” Since the Temple tax has a fixed rate from the Torah, the excess is profane. Since purification offerings do not have a fixed rate from the Torah, the excess should be given as a donation. How does Rebbi Yose handle this? He explains it if he collects little by little, following the House of Hillel.
MISHNAH: A person who made a vow of nazir, asked the Sages and they forbade, counts from the moment of his vow. If he asked the Sages and they permitted, if he had an animal designated, it leaves and grazes with the herd. The house of Hillel said to the House of Shammai: Do you not agree that this is dedication in error, it leaves and grazes in the herd? The House of Shammai anwered, do you not agree that if somebody erred and designated the ninth as the tenth, or the tenth as ninth, or the eleventh as tenth, it is sanctified? The House of Hillel anwered, not the staff sanctified it, for if he erred and put his staff on the eighth or the twelth, did he do anything? But the verse which sanctified the tenth sanctified the ninth and the eleventh.
So far, if he thought that it was the tenth which he called “tenth”. If he knew that it was the ninth and called it “tenth”? The colleagues say, it is sanctified. Rebbi Yudan said, it is not sanctified. The Mishnah supports the colleagues: “The House of Hillel said to the House of Shammai: Do you not agree that it leaves and grazes with the herd? The House of Shammai anwered them, do you not agree that if somebody erred and designated the ninth as the tenth, or the tenth as ninth, or the eleventh as tenth, it is sanctified.” And they do not accept it! Otherwise, they could have answered: Why do you answer us from something which is sanctified only if not in [willful] error about something which will be sanctified both in error and not in error! As Rebbi Immi said, they were rich in answer, or as Rebbi Nasa said, like somebody who has two reasons and he responds by giving one of them.
MISHNAH: A person vowed to be a nazir and went to bring his animal when he found that it was stolen; if he vowed before the animal was stolen he is a nazir, after the animal was stolen he is not a nazir. This error was made by Naḥum from Media: When nezirim came from the Diaspora and found that the Temple had been destroyed, Naḥum from Media asked them: If you had known that the Temple would be destroyed, would you have made a vow of nazir? They said to him, no, and Naḥum from Media permitted them. When the case came before the Sages they said, anyone who made his vow before the Temple was destroyed is a nazir, after the Temple was destroyed he is not a nazir.
MISHNAH: If they were walking on the road and a person came towards them when one said, “I am a nazir unless he is Mr. X”, and another said, “I am a nazir if it is not he”; “I am a nazir unless one of you is a nazir”, “unless both of you are nezirim”, “unless all of you are nezirim”. The House of Shammai say, they are all nezirim, but the House of Hillel say, only those whose assertions prove wrong are nezirim. Rebbi Ṭarphon said, none of them is a nazir. If he suddenly returned, no one is a nazir. Rebbi Simeon says, one should say: If it was as I said, I am a nazir by obligation, otherwise I am a nazir voluntarily. If one saw a koy and said, “I am a nazir if this is a wild animal”, “I am a nazir if this is not a wild animal”, “I am a nazir if this is a domestic animal”, “I am a nazir if this is a not a domestic animal”, “I am a nazir if this is a wild and domestic animal”, “I am a nazir if this is neither a wild nor a domestic animal”, “I am a nazir if one of you is a nazir”, “if one of you is not a nazir”, “if both of you are nezirim”, then all of them are nezirim.
HALAKHAH: “If they were walking on the road,” etc. Should the Mishnah not read: “whose assertions are correct”? It is language of opposites, “that she did not bury her son.”
MISHNAH: Three kinds are forbidden for the nazir: Impurity, shaving, and anything coming from the vine. Everything coming from the vine is added together. He is only guilty when he eats grapes in the volume of an olive; according to the early Mishnah if he drinks a quartarius of wine. Rebbi Aqiba says, even if he dipped his bread in wine for a total volume of an olive, he is guilty.
MISHNAH: Three kinds are forbidden for the nazir: Impurity, shaving, and anything coming from the vine. Everything coming from the vine is added together. He is only guilty when he eats grapes in the volume of an olive; according to the early Mishnah if he drinks a quartarius of wine. Rebbi Aqiba says, even if he dipped his bread in wine for a total volume of an olive, he is guilty.
“According to the early Mishnah if he drinks a quartarius of wine.” They did explain “liquor”. Since “liquor” mentioned there means a quartarius, so “liquor” mentioned here also means a quartarius. They changed to say “he shall not eat, he shall not drink.” Since eating is defined by an olive’s size so drinking is by an olive’s size.
MISHNAH: One is guilty for wine separately, for grapes separately, for grape skins separately, for seeds separately. Rebbi Eleazar ben Azariah says, he is guilty only if he eats two חרצנים and their זגים. What are חרצנים and what זגים? חרצנים are the outer skins, זגים the inner (seeds), the words of Rebbi Jehudah. Rebbi Yose said, that you should make no mistake, like an animal’s bell, the outer shell is זוג, the inner the clapper.
MISHNAH: An unspecified nezirut is thirty days. If he shaved, or robbers shaved him, he starts again for thirty. A nazir who shaved any [hair], whether with scissors or razor knife, or cropped, is guilty. A nazir may wash his head and separate his hair but may not comb. Rebbi Ismael says, he cannot wash his hair with powder because that removes hair.
There, we have stated: “Three categories of people shave and their shaving is a commandment: the nazir, the sufferer from skin disease, and the Levites. All these, if they shaved not with a knife or left two hairs,did not do anything.” Rebbi Eleazar said: The Mishnah [speaks] about an impure nazir. But a pure nazir, once he shaved most of his head, even if not with a knife, has acquitted himself [of his obligation]. Rebbi Immi, following Rebbi Eleazar (ben Azariah), asked: The only place where a knife is mentioned is about a pure nazir: “A shaving knife shall not pass over his head until the days are fulfilled.” Therefore, after he fulfilled them he needs a knife! Perhaps it was said only about an impure nazir with regard to two hairs. Rebbi Yose said to Rebbi Jacob bar Aḥa: Do you remember when we were studying Nazir, we said that there was no difference between scissors and a knife, and Rebbi Eleazar said: The Mishnah [speaks] about an impure nazir! Why not about a pure nazir? The pure nazir shaves after the blood was sprinkled. When that was sanctified, his vow was completed. But it is as if fallen out.
There, we have stated: “Three categories of people shave and their shaving is a commandment: the nazir, the sufferer from skin disease, and the Levites. All these, if they shaved not with a knife or left two hairs,did not do anything.” Rebbi Eleazar said: The Mishnah [speaks] about an impure nazir. But a pure nazir, once he shaved most of his head, even if not with a knife, has acquitted himself [of his obligation]. Rebbi Immi, following Rebbi Eleazar (ben Azariah), asked: The only place where a knife is mentioned is about a pure nazir: “A shaving knife shall not pass over his head until the days are fulfilled.” Therefore, after he fulfilled them he needs a knife! Perhaps it was said only about an impure nazir with regard to two hairs. Rebbi Yose said to Rebbi Jacob bar Aḥa: Do you remember when we were studying Nazir, we said that there was no difference between scissors and a knife, and Rebbi Eleazar said: The Mishnah [speaks] about an impure nazir! Why not about a pure nazir? The pure nazir shaves after the blood was sprinkled. When that was sanctified, his vow was completed. But it is as if fallen out.
MISHNAH: A nazir who was drinking wine all day long is guilty only once. If he was told “do not drink, do not drink” and he did drink, he is guilty for each single infraction. One who shaved all day long is guilty only once. If he was told “do not shave, do not shave” and he did shave, he is guilty for each single infraction. One who defiled himself for the dead all day long is guilty only once. If he was told “do not defile yourself, do not defile yourself” and he did defile himself, he is guilty for each single infraction.
MISHNAH: Three kinds are forbidden for the nazir: Impurity, shaving, and consuming produce of the vine. Impurity and shaving are more severe than the prohibition of produce of the vine since impurity and shaving require him to start again, but produce of the vine does not require him to start again. The prohibition of produce of the vine is more severe than impurity and shaving since produce of the vine is never permitted but impurity and shaving are permitted for a commanded shaving and a corpse of obligation. Impurity is more severe than shaving since for impurity he has to start again from the beginning and is obligated for a sacrifice, but for shaving he has to start again for at most 30 days and is not obligated for a sacrifice.
MISHNAH: What is shaving in impurity? He was sprinkled on the third and seventh [days], shaves on the seventh, and brings his sacrifices on the eighth. If he shaved on the eighth, he may bring his sacrifices on the same day, the words of Rebbi Aqiba. Rebbi Ṭarphon asked him, what is the difference between this one and the sufferer from skin disease? He told him, the purification of this one is bound to his days, but the purification of the sufferer from skin disease is bound to his shaving. He cannot bring his sacrifices unless the sun had set for him.
MISHNAH: What is shaving in purity? He brings three animals, a purification sacrifice, an elevation sacrifice, and a well-being sacrifice. He slaughters the well-being sacrifice ands shaves for it, the words of Rebbi Jehudah. Rebbi Eleazar says, he only should shave for the purification sacrifice since that has precedence everywhere, but if he shaved for any of the three, he satisfied his obligation.
MISHNAH: Rabban Simeon ben Gamliel says, if he brought three animals but did not specify, the one proper for the purification offering shall be brought as purification offering, for the elevation offering shall be brought as elevation offering, for the well-being offering shall be brought as well-being offering. He took the hair shorn from his nazir head and sent it under the cooking pot; even if he shaved in the countryside he sent it under the cooking pot. When has this been said? If he shaved in purity. But if he shaved in impurity, he does not send it under the cooking pot. Rebbi Meïr says, all send under the cooking pot except the impure in the countryside.
MISHNAH: He cooked the well-being offering or scalded it. A Cohen takes the cooked fore-leg of the ram, one unleavened loaf from the basket, and one unleavened thin bread, places it on the nazir’s hands and waves it. Afterwards the nazir is permitted to drink wine and to defile himself with the dead. Rebbi Simeon says, when one of the bloods was sprinkled, the nazir is permitted to drink wine and to defile himself with the dead.
HALAKHAH: A Mishnah states that scalding is called cooking, as we have stated: “If he cooked the well-being offering or scalded it.” A verse [states] that “roasted” is called “cooked”: “They cooked the pesaḥ”, etc. If you say, against the rules, Rebbi Jonah from Bostra said, “as is the rule”. A Mishnah states that scalded is called cooked: “Is one who makes a vow to abstain from cooked food permitted roasted and scalded food”? Rebbi Joḥanan said, in matters of vows one follows common usage. Rebbi Joshia said, in matters of vows one follows biblical usage. What is the difference between them? ‘A qônām that I shall not taste wine on Tabernacles.’ In the opinion of Rebbi Joḥanan he is forbidden on the last day of the holiday. In the opinion of Rebbi Joshia, is he permitted? Rebbi Joshia also agrees that he is prohibited. Rebbi Joshia said it only for restrictions.
HALAKHAH: A Mishnah states that scalding is called cooking, as we have stated: “If he cooked the well-being offering or scalded it.” A verse [states] that “roasted” is called “cooked”: “They cooked the pesaḥ”, etc. If you say, against the rules, Rebbi Jonah from Bostra said, “as is the rule”. A Mishnah states that scalded is called cooked: “Is one who makes a vow to abstain from cooked food permitted roasted and scalded food”? Rebbi Joḥanan said, in matters of vows one follows common usage. Rebbi Joshia said, in matters of vows one follows biblical usage. What is the difference between them? ‘A qônām that I shall not taste wine on Tabernacles.’ In the opinion of Rebbi Joḥanan he is forbidden on the last day of the holiday. In the opinion of Rebbi Joshia, is he permitted? Rebbi Joshia also agrees that he is prohibited. Rebbi Joshia said it only for restrictions.
Rebbi Yasa in the name of Rebbi Joshua ben Levi in the name of Bar Pedaiah: All sources of flavor one in a hundred. Rebbi Ḥiyya in the name of Rebbi Joshua ben Levi in the name of Bar Pedaiah: All sources of flavor one in sixty. Rebbi Samuel ben Rav Isaac said to Rebbi Ḥiyya bar Abba: Rebbi Yasa disagrees with you and the Mishnah disagrees with both of you: “Anything which sours, flavors, or creates dema‘? If you say about 100 or 200, even if it does not sour, flavor, or create dema‘! Therefore, we hold even more. Rebbi Jeremiah said, explain it for meat in meat. Rebbi Yose said, meat in meat is the same as all other prohibitions since Rebbi Abbahu said in the name of Rebbi Joḥanan, one estimates as if they were onion or leeks.
MISHNAH: If he shaved for one of the sacrifices and it turned out to be invalid, his shaving is invalid and his sacrifices are not counted for him. If he shaved for the purification offering not in its name but brought the other sacrifices in their names, his shaving is invalid and his sacrifices are not counted for him. If he shaved for the elevation or well-being offerings not in their names but then brought his sacrifices in their names, his shaving is invalid and his sacrifices are not counted for him. Rebbi Simeon says, that sacrifice is not counted for him but the others are counted for him. But if he shaved for all three and one of them is valid, his shaving is valid and he has to repeat the other sacrifices.
HALAKHAH: Is it counted for him and his shaving? If you would say that it is not counted for him and his shaving, then his sacrifices count for nothing. Rebbi Joḥanan asked: Following Rebbi Simeon, may he shave for his holiday well-being offerings? Is that not the Mishnah? “Rebbi Simeon says, that sacrifice is not counted for him but the others are counted for him.” When he slaughtered them are they not like voluntary well-being offerings? This means that he may shave for voluntary well-being offerings following Rebbi Simeon. Rebbi Yose bar Abun said, Rav Ada bar Aḥawa and Rebbi Joḥanan. For Rav Ada bar Aḥawa it is problematic, but for Rebbi Joḥanan it is obvious.
MISHNAH: If one of the bloods had been sprinkled for him when he became impure, Rebbi Eliezer says, he has to repeat everything. But the Sages say, he shall bring his remaining sacrifices once he became pure again. They told him, it happened with Miriam the Palmyrene, that one of the bloods had been sprinkled for her when she was informed that her daughter was dying; she went and found her dead; then the Sages said, she shall bring her remaining sacrifices once she becomes pure again.
So is the Mishnah: He shall become pure again and then bring his remaining sacrifices. So is the Mishnah: She shall become pure again and then bring her remaining sacrifices.
So is the Mishnah: He shall become pure again and then bring his remaining sacrifices. So is the Mishnah: She shall become pure again and then bring her remaining sacrifices.
MISHNAH: The High Priest and the nazir do not defile themselves for their relatives. If they were walking on a road and found a corpse of obligation, Rebbi Eliezer says, the High Priest shall defile himself but the nazir shall not defile himself. But the Sages say, the nazir shall defile himself but the High Priest shall not defile himself. Rebbi Eliezer said to them, the Priest shall defile himself, who does not bring a sacrifice for his defilement, but the nazir shall not defile himself, who has to bring a sacrifice for his defilement. They told him, the nazir shall defile himself, whose holiness is temporary, but the Priest shall not defile himself, whose holiness is permanent.
MISHNAH: The nazir shaves for the following impurities: For a corpse, for flesh in the volume of an olive of a corpse, and for the volume of an olive of decayed matter from a corpse, and for a spoonful of decay, for the spine and for the skull, for a limb from a corpse or a limb from the living on which there is sufficient flesh, for half a qab of bones, and for half a log of blood, if they are touched, or carried, or under a tent. Also for a bone in the volume of a barley grain if it is touched, or carried, (or under a tent.) For these, the nazir shaves, he sprinkles on the third and seventh [days], he disregards the preceding days and starts to count only after he purifies himself and brings all his sacrifices.
The Mishnah follows Rebbi Eleazar ben Azariah, as it was stated: “Rebbi Simeon ben Eleazar said, earlier the courts were divided; some said, a quartarius of blood, a quarter bones; some said, half a log of blood, a half a log of bones, for nezirut and the impurity of the Sanctuary and its sacred offerings.” Rebbi Jacob bar Idi in the name of Rebbi Simeon: They said this as explanation from the mouths of Ḥaggai, Zachariah, and Malachi.
MISHNAH: But for overhanging branches, or protuberances, or broken fields, or Gentile territory, or the cave door, or its frame, or a quartarius of blood, or a tent, or a quarter (qab) of bones, or objects that touched the corpse, or the days of his counting or his being absolute, the nazir does not shave but sprinkles on the third and seventh days, does not disregard the preceding, starts counting immediately, and has no sacrifice. In truth, the days of a male or female sufferer from flux and the days of quarantine of the sufferer from skin disease are counted for him.
MISHNAH: Rebbi Eleazar said in the name of Rebbi Joshua: For any impurity caused by a corpse for which the nazir shaves, one is guilty if entering the Sanctuary, but for any impurity caused by a corpse for which the nazir does not shave, one is not guilty if entering the Sanctuary. Rebbi Meïr said, this should not be less than the impurity of a dead reptile! Rebbi Aqiba said, I argued before Rebbi Eliezer: If for a barley-grain sized bone, which does not cause impurity to a human in a tent, a nazir shaves if he touches or carries it, should it not be logical that for a quartarius of blood, which causes impurity to a human in a tent, a nazir should have to shave if he touches or carries it? He said to me, what is that, Aqiba? This is not a place for an argument de minore ad majus! When I came and expounded that before Rebbi Joshua, he said to me, you have a good argument, but that is what they said was practice.
Rebbi Illa said: He himself, who touched the corpse, is guilty. He said it and gave its reason: “who became impure,” that refers to the impurity of a human. But is there not a third? As Rebbi Abun bar Ḥiyya said, for impurity of a person from a person a man is guilty for impurity in the Sanctuary. They objected: If objects touch the corpse, a human the objects, and objects the human. For impurity of a person from a person, not for impurity of a person from objects. Rebbi Zeriqa in the name of Rav Hamnuna: The Tanna there disagrees with Rebbi Illa: “For an object made half of cement־earth and half of dung one is not guilty for coming to the Sanctuary” Because it is half of earth and half of dung; but if it were totally of earth, one would be guilty. Who is guilty? Not the one who touches it? Is he not the second who touches the first? Rebbi Phineas said before Rebbi Yose: Explain it if he threw it. He answered him, about him who threw it we stated: For washing his body he is subject to extirpation, for washing his garments to the forty. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose, do we not have the Mishnah in support of that first Tanna, as is stated: “Rebbi Eleazar said in the name of Rebbi Joshua: For any impurity caused by a corpse for which the nazir shaves, one is guilty if entering the Sanctuary, but for any impurity caused by a corpse for which the nazir does not shave, one is not guilty if entering the Sanctuary.” For the first, for which the nazir shaves, one is guilty if entering the Sanctuary; for the second, for which the nazir does not shave, one is not guilty if entering the Sanctuary. Rebbi Joḥanan said, it is needed from what comes from the corpse: For a quartarius of blood or a quarter qab of bones, for which the nazir does not shave, one is not guilty if entering the Sanctuary; for half a log of blood and half a qab of bones, for which the nazir shaves, one is guilty if entering the Sanctuary. Rebbi Jeremiah said, we were of the opinion that they disagree about a sacrifice, but one whips even the third, even the fourth. Rebbi Yose from Sidon stated before Rebbi Jeremiah in opposition to Rebbi Jeremiah: “For any impurity caused by a corpse for which the nazir shaves, one is guilty if entering the Sanctuary, but for any impurity caused by a corpse for which the nazir does not shave, one is not guilty if entering the Sanctuary.” Rebbi Yose ben Rebbi Abun said, Rebbi Yannai, Rebbi Joḥanan: It is needed from what comes from the corpse: For a quartarius of blood or a quarter qab of bones, for which the nazir does not shave, one is not guilty; for half a log of blood and half a qab of bones, for which the nazir shaves, one is guilty.
MISHNAH: If a person said to two nezirim: I saw one of you becoming impure but I do not know which one of you it was, they bring one sacrifice of impurity and one of purity. One of them says, if I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is yours. Then they count another thirty days and bring one sacrifice of purity; (Mishnah 2) one of them says, if I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was yours, hence this is your sacrifice of purity. If one of them died, Rebbi Joshua said, he should seek out a person from the general public who would make a vow of nazir corresponding to his needs and say: If I was impure, you are a nazir immediately, but if I was pure, you are a nazir after 30 days. They count 30 days and bring one sacrifice of impurity and one of purity (Mishnah 3) and he says: If I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is questionable. Then they count another thirty days, bring one sacrifice of purity (Mishnah 4) and he says: If I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was questionable; hence this is your sacrifice of purity. Ben Zoma said to him, who would accommodate him to make a vow of nazir corresponding to his needs? But he brings a bird as purification offering and an animal as elevation offering and says: If I was impure, the purification offering is for my obligation and the elevation offering is voluntary. But if I was pure, the elevation offering is for my obligation and the purification offering is questionable. Then he counts 30 days and brings one sacrifice (of impurity and one) of purity (Mishnah 5) and says: If I was impure, the first elevation offering was voluntary and the one now is for my obligation. But if I was pure, the first elevation offering was for my obligation and now I am bringing the remainder of my sacrifices. Rebbi Joshua said, then it turns out that he brings his sacrifices piecemeal! But the Sages accepted the words of Ben Zoma.
MISHNAH: If a person said to two nezirim: I saw one of you becoming impure but I do not know which one of you it was, they bring one sacrifice of impurity and one of purity. One of them says, if I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is yours. Then they count another thirty days and bring one sacrifice of purity; (Mishnah 2) one of them says, if I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was yours, hence this is your sacrifice of purity. If one of them died, Rebbi Joshua said, he should seek out a person from the general public who would make a vow of nazir corresponding to his needs and say: If I was impure, you are a nazir immediately, but if I was pure, you are a nazir after 30 days. They count 30 days and bring one sacrifice of impurity and one of purity (Mishnah 3) and he says: If I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is questionable. Then they count another thirty days, bring one sacrifice of purity (Mishnah 4) and he says: If I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was questionable; hence this is your sacrifice of purity. Ben Zoma said to him, who would accommodate him to make a vow of nazir corresponding to his needs? But he brings a bird as purification offering and an animal as elevation offering and says: If I was impure, the purification offering is for my obligation and the elevation offering is voluntary. But if I was pure, the elevation offering is for my obligation and the purification offering is questionable. Then he counts 30 days and brings one sacrifice (of impurity and one) of purity (Mishnah 5) and says: If I was impure, the first elevation offering was voluntary and the one now is for my obligation. But if I was pure, the first elevation offering was for my obligation and now I am bringing the remainder of my sacrifices. Rebbi Joshua said, then it turns out that he brings his sacrifices piecemeal! But the Sages accepted the words of Ben Zoma.
MISHNAH: If a person said to two nezirim: I saw one of you becoming impure but I do not know which one of you it was, they bring one sacrifice of impurity and one of purity. One of them says, if I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is yours. Then they count another thirty days and bring one sacrifice of purity; (Mishnah 2) one of them says, if I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was yours, hence this is your sacrifice of purity. If one of them died, Rebbi Joshua said, he should seek out a person from the general public who would make a vow of nazir corresponding to his needs and say: If I was impure, you are a nazir immediately, but if I was pure, you are a nazir after 30 days. They count 30 days and bring one sacrifice of impurity and one of purity (Mishnah 3) and he says: If I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is questionable. Then they count another thirty days, bring one sacrifice of purity (Mishnah 4) and he says: If I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was questionable; hence this is your sacrifice of purity. Ben Zoma said to him, who would accommodate him to make a vow of nazir corresponding to his needs? But he brings a bird as purification offering and an animal as elevation offering and says: If I was impure, the purification offering is for my obligation and the elevation offering is voluntary. But if I was pure, the elevation offering is for my obligation and the purification offering is questionable. Then he counts 30 days and brings one sacrifice (of impurity and one) of purity (Mishnah 5) and says: If I was impure, the first elevation offering was voluntary and the one now is for my obligation. But if I was pure, the first elevation offering was for my obligation and now I am bringing the remainder of my sacrifices. Rebbi Joshua said, then it turns out that he brings his sacrifices piecemeal! But the Sages accepted the words of Ben Zoma.
MISHNAH: If a person said to two nezirim: I saw one of you becoming impure but I do not know which one of you it was, they bring one sacrifice of impurity and one of purity. One of them says, if I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is yours. Then they count another thirty days and bring one sacrifice of purity; (Mishnah 2) one of them says, if I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was yours, hence this is your sacrifice of purity. If one of them died, Rebbi Joshua said, he should seek out a person from the general public who would make a vow of nazir corresponding to his needs and say: If I was impure, you are a nazir immediately, but if I was pure, you are a nazir after 30 days. They count 30 days and bring one sacrifice of impurity and one of purity (Mishnah 3) and he says: If I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is questionable. Then they count another thirty days, bring one sacrifice of purity (Mishnah 4) and he says: If I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was questionable; hence this is your sacrifice of purity. Ben Zoma said to him, who would accommodate him to make a vow of nazir corresponding to his needs? But he brings a bird as purification offering and an animal as elevation offering and says: If I was impure, the purification offering is for my obligation and the elevation offering is voluntary. But if I was pure, the elevation offering is for my obligation and the purification offering is questionable. Then he counts 30 days and brings one sacrifice (of impurity and one) of purity (Mishnah 5) and says: If I was impure, the first elevation offering was voluntary and the one now is for my obligation. But if I was pure, the first elevation offering was for my obligation and now I am bringing the remainder of my sacrifices. Rebbi Joshua said, then it turns out that he brings his sacrifices piecemeal! But the Sages accepted the words of Ben Zoma.
MISHNAH: If a person said to two nezirim: I saw one of you becoming impure but I do not know which one of you it was, they bring one sacrifice of impurity and one of purity. One of them says, if I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is yours. Then they count another thirty days and bring one sacrifice of purity; (Mishnah 2) one of them says, if I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was yours, hence this is your sacrifice of purity. If one of them died, Rebbi Joshua said, he should seek out a person from the general public who would make a vow of nazir corresponding to his needs and say: If I was impure, you are a nazir immediately, but if I was pure, you are a nazir after 30 days. They count 30 days and bring one sacrifice of impurity and one of purity (Mishnah 3) and he says: If I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is questionable. Then they count another thirty days, bring one sacrifice of purity (Mishnah 4) and he says: If I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was questionable; hence this is your sacrifice of purity. Ben Zoma said to him, who would accommodate him to make a vow of nazir corresponding to his needs? But he brings a bird as purification offering and an animal as elevation offering and says: If I was impure, the purification offering is for my obligation and the elevation offering is voluntary. But if I was pure, the elevation offering is for my obligation and the purification offering is questionable. Then he counts 30 days and brings one sacrifice (of impurity and one) of purity (Mishnah 5) and says: If I was impure, the first elevation offering was voluntary and the one now is for my obligation. But if I was pure, the first elevation offering was for my obligation and now I am bringing the remainder of my sacrifices. Rebbi Joshua said, then it turns out that he brings his sacrifices piecemeal! But the Sages accepted the words of Ben Zoma.
HALAKHAH: “If a person said to two nezirim,” etc. Not only if he said to one of them, “I saw one of you becoming impure but I do not know which one of you it was,” but even if he said, “I saw one of you vowing to be a nazir but I do not know which one of you it was,” both of them have to follow the rules of nazir because of his testimony. If they do not contradict him. But if they contradict him, this does not apply. If both of them contradict, it parallels the following: “If one witness says, he became impure, but he says, I did not become impure, he is pure. If two witnesses say, he became impure, but he says, I did not become impure, the two are believed more than he is, the words of Rebbi Meïr. But the Sages say, everybody is believed about himself.” Rav Jehudah in the name of Rav: So is the Mishnah: Rebbi Meïr declares impure, Rebbi Jehudah and the Sages declare pure. Rebbi Joḥanan said, so is the Mishnah: Rebbi Meïr declares impure, Rebbi Jehudah declares pure. The rabbis’ words support Rebbi Joḥanan, since Rebbi Gurion said in the name of Rebbi Yose ben Ḥanina: Rebbi Jehudah said this only about an old impurity, for he can say to them, I had been impure but I purified myself, and we have stated: The same holds for eating suet; the same holds for entering the Sanctuary. Should they not accept his position for impurity? Because of the impurity of a nazir, could they not say, where is the sacrifice which you brought? Then should they not accept his position for heave? So far the questions of Rebbi Ḥanina.
HALAKHAH: “If a person said to two nezirim,” etc. Not only if he said to one of them, “I saw one of you becoming impure but I do not know which one of you it was,” but even if he said, “I saw one of you vowing to be a nazir but I do not know which one of you it was,” both of them have to follow the rules of nazir because of his testimony. If they do not contradict him. But if they contradict him, this does not apply. If both of them contradict, it parallels the following: “If one witness says, he became impure, but he says, I did not become impure, he is pure. If two witnesses say, he became impure, but he says, I did not become impure, the two are believed more than he is, the words of Rebbi Meïr. But the Sages say, everybody is believed about himself.” Rav Jehudah in the name of Rav: So is the Mishnah: Rebbi Meïr declares impure, Rebbi Jehudah and the Sages declare pure. Rebbi Joḥanan said, so is the Mishnah: Rebbi Meïr declares impure, Rebbi Jehudah declares pure. The rabbis’ words support Rebbi Joḥanan, since Rebbi Gurion said in the name of Rebbi Yose ben Ḥanina: Rebbi Jehudah said this only about an old impurity, for he can say to them, I had been impure but I purified myself, and we have stated: The same holds for eating suet; the same holds for entering the Sanctuary. Should they not accept his position for impurity? Because of the impurity of a nazir, could they not say, where is the sacrifice which you brought? Then should they not accept his position for heave? So far the questions of Rebbi Ḥanina.
MISHNAH: A nazir who was doubtfully impure and doubtfully definitely [suffering from skin disease] may eat sacrificial meat after 60 days and drink wine and become impure by the dead after 120 days, since the shaving for skin disease supersedes the shaving of the nazir when it is certain, but when it is in doubt it does not supersede.
Does the obligatory shaving push aside the rules of voluntary shaving? Let us hear from the following: “He shaves his head, his beard, and his eyebrows in the way sufferers from skin disease shave.” But there one could say, maybe it was an obligatory shaving. Rebbi Ze‘ira in the name of Rebbi Yudan: The Mishnah says so; “for Rebbi Simeon says, when one of the bloods was sprinkled, the nazir is permitted to drink wine and to defile himself with the dead.” Is he not forbidden because of “do not destroy”? Samuel bar Abba said, explain it if he was a eunuch. But did we not state “the beard”? How can you say, a eunuch? You have only what Rebbi Jacob said in the name of Rebbi Joḥanan: If he removed it from bottom to top it is forbidden. Rebbi Yose bar Abin said, there is no difference between bottom to top or top to bottom.
MISHNAH: Gentiles cannot take a vow as nazir. Women and slaves can take a vow as nazir. A man’s power is restricted for his wives more than for his slaves since he can force his slave but he cannot force his wife. His power is restricted for his slaves more than for his wives since he can dissolve his wife’s vows but not his slave’s vows. If he dissolved his wife’s, they are eternally dissolved. If he dissolved his slave’s, once the slave gains his freedom he has to fulfill his nezirut. If [the slave] is not in the presence of his master, Rebbi Meïr says, he cannot drink, but Rebbi Yose says, he may drink.
MISHNAH: If a nazir was informed that he was impure after he had shaved and it was a known impurity he cancels, but if it was impurity of the abyss he does not cancel. If it was before he shaved, he cancels in any case. How is that? If he went to immerse himself in a cave where a corpse was floating at the entrance, he is impure. If it was found buried in the ground and he went there to refresh himself, he is pure, but to purify himself from the impurity of the dead he is impure since the presumptive state of the impure is impure and the presumptive state of the pure is pure, for it is not unsubstantiated.
If he completed his nezirut but did not manage to shave before he was informed about a possible case of a grave in the abyss, he cancels. If he designated his sacrifices but did not manage to shave before he was informed about a grave in the abyss? Rebbi Ze‘ira said before Rebbi Mana: Is that not the Mishnah? Whether he shaved or did not shave following Rebbi Eliezer, or whether it happened before or after blood was sprinkled according to the rabbis!
“What is a grave of the abyss? A corpse buried in stubble, straw, dust, or pebbles. But if it was buried in water, a dark spot, or rock crevasses, it does not create a grave of the abyss.” The principle: Any place from where it can be removed creates a grave of the abyss; any place from where it cannot be removed does not create a grave of the abyss. Can stubbles and straw not be removed? Does the Mishnah not follow Rebbi Yose, since Rebbi Yose said, straw said to be disregarded is disregarded. Rebbi Yose ben Rebbi Abun in the name of Rav Ḥisda: It is everybody’s opinion. What Rebbi Yose said, if he mixed it with dust. “There is straw which is treated like dust and dust which is treated like straw. Straw not to be removed is like dust; dust to be removed is like straw.” In the House of Rebbi Yannai they said: If he covered it with mats it is disregarded. Come and see: If he [filled] it with mats it is not disregarded, if he covered it with mats it is disregarded. If he filled it with branches of date palms it is problematic. Rebbi Zeriqan, Rebbi Immi, in the name of Rebbi Simeon ben Laqish: Even thin sheets.
MISHNAH: If somebody finds a corpse in original position, lying as usual, he takes him and his surroundings. If he finds two, he takes them and their surroundings. If he finds three and between one and the next is a distance of between four and eight cubits, enough for the bier and the people who bury, that is a cemetery. He has to check on both sides for another 20 cubits. If he finds a grave at the end of 20 cubits, he has to check another 20 cubits since it is obvious that if this were a new burial ground, one would have taken him and his surroundings there.
Rav Ḥisda said, [the Mishnah] implies that it is permitted to remove a corpse of obligation. Rebbi Ze‘ira said, explain it if the burial was unauthorized or subject to question. Should one not be afraid that it might be a corpse of obligation? Rebbi Ze‘ira thinks that corpses of obligation are infrequent. “It turns out that there are three kinds of burials. A grave which is found one removes; after removal the place is impure and forbidden for use. A known grave may not be removed; but if it was removed the place is pure and permitted for use. A grave which endangers the public is removed; after removal the place is impure and forbidden for use.” Rebbi Abba bar Cohen instructed in Kefar Aqabia that its place is permitted for use. Does he disagree? There if it preceded the village, here if the village preceded it. It was stated: “A grave surrounded by a village on three sides can be removed,” on two sides, some Tannaïm state that one removes it, some state that one may not remove it. Rav Ḥisda said, he who says that one removes it, if it is within slightly more than 70 cubits. He who says that one does not remove it, if it is outside slightly more than 70 cubits. He who says that one removes it, if [the village] is built in the form of a Γ. He who says that one does not remove it, if [the village] is built in the form of a ה. “All kinds of graves may be removed except the graves of a king or a prophet. They said to him, were not the graves of David’s sons removed but the graves of the sons of Ḥulda were in Jerusalem and nobody ever touched them to remove them. Rebbi Aqiba told them, is that a proof? A duct was there and the impurity exited from there horizontally into the Qidron valley.”
MISHNAH: Any person with initially doubtful skin disease is pure as long as he was not declared impure. After he was declared impure, in doubt he is impure. In seven ways does one check the sufferer from a genital discharge before he becomes impure: About eating and drinking, carrying a load or jumping, sickness, looking, and thought. After he becomes impure one does not check him; his accident, doubtful case, and semen are impure since the matter is not unsubstantiated.
MISHNAH: If somebody injured another person who was judged dying and then this person’s state improved but later he died, he is guilty. Rebbi Neḥemiah says, he cannot be prosecuted since it is not unsubstantiated.
HALAKHAH: So is the Mishnah: Rebbi Neḥemia declares him not prosecutable but the Sages declare him guilty since it is not unsubstantiated. The Sages say, two estimations have precedence over one estimation; Rebbi Neḥemiah says, the intermediate estimation has precedence over the two. What is Rebbi Neḥemiah’s reason? “ ‘If he gets up and walks outside on his cane, the attacker is exonerated.’ Could you think that this one walks in the market and the other is executed because of him? But even if he died according to the first estimation he cannot be prosecuted.” What is the rabbi’s reason? “If he does not die but is bedridden.” Would we not know that even if he does not die that he will be bedridden? But if they estimated that he would die. If they estimated that he would die, that is what is written: “If he gets up and walks outside on his cane.” Therefore, if he does not get up, [the attacker] is guilty. But if they did not estimate that he would die? If they did not estimate that he would die, that is what is written: “But he has to pay for his disability.” Rebbi Ila in the name of Rebbi Simeon ben Laqish: It is an extraordinary decree of Scripture that he has to pay. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: It was an erroneous estimation. What is the difference between them? If his state improved. For him who says, it is an extraordinary decree of Scripture that he has to pay; if he paid, he paid. If he did not pay, the verse makes him pay. A baraita supports one and a baraita supports the other. A baraita supports Rebbi Yose ben Ḥanina: If they estimated that he would die, when does he have to pay him? From the moment he improves. For him who says, it was an erroneous estimation; if he did not pay one does not order him to pay. If he paid, can he take it back? This supports Rebbi Simeon ben Laqish: If they estimated that he would live but he died. From when does one have to pay him? From the moment he turns worse. Rebbi Yose said, it does not say here, “from the moment he turns worse” but “from the moment he turns better.”
MISHNAH: Samuel was a nazir following the words of Rebbi Nahorai, as it is said: “A shaving knife shall not come on his head.” It is said about Samson “a shaving knife”, and it is said about Samuel “a shaving knife”. Since “a shaving knife” mentioned for Samson refers to nazir, so “a shaving knife” mentioned for Samuel refers to nazir. Rebbi Yose said, but fear is only of flesh and blood! Rebbi Nahorai answered him: Was it not said: “Samuel said, how can I go? Will not Saul hear of it and kill me?” The fear of flesh and blood already was on him.
MISHNAH: Somebody who brings a bill of divorce from overseas must be able to say: “It was written and signed before me.” Rabban Gamliel says, even somebody who brings from Reqam and Ḥeger; Rebbi Eliezer says, even from Kefar Ludim to Lydda; but the Sages say that the only one who has to be able to say that it was written and signed before him is one who brings from overseas or to overseas. One who brings from one province to another overseas has to say that it was written and signed before him; Rabban Simeon ben Gamliel says, even from one district to the next.
If [the bill of divorce] contained documentation of a gift and [the messenger] said, it was written and signed before me, is [the husband’s] protest about the gift void since it is void about the divorce? Or, since his protest is void [only] about the divorce, is it valid about the gift? We have stated later: “Bills of divorce for wives and documents of manumission are equal in the rules of carrying and bringing.” If [the document of manumission] contained documentation of a gift and [the messenger] said, it was written and signed before me, is [the master’s] protest about the gift void since it is void about the manumission? Or since his protest is void [only] about the manumission, is it valid about the gift? If somebody signed all his property over to his slave, you say that the gift is the document of manumission. How do you treat this? Is it a document of manumission and his protest is void or is it a gift and his protest is valid? This can be compared to the following: If somebody signed all his property over to two persons in one document and the testimony of the witnesses was valid for one but invalid for the other. Rebbi Ila in the name of Rebbi Immi: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed; one said, since it is invalid for one it is invalid for the other, but the other said, it is valid for one and invalid for the other. Rebbi Mana did not specify; Rebbi Abin specified: Rebbi Joḥanan said, since it is invalid for one it is invalid for the other; but Rebbi Simeon ben Laqish said, it is valid for one and invalid for the other. Rebbi Eleazar said, a Mishnah supports Rebbi Joḥanan: “Since testimony of two [witnesses] is invalid if one of them turns out to be related or disqualified, so also of three [witnesses] it is invalid if one of them turns out to be related or disqualified”. Rebbi Jacob bar Aḥa said, Rebbi Ḥanina the colleague of the rabbis and the rabbis disagree. One says, the argument of Rebbi Eleazar is correct, but the other says, Rebbi Eleazar is not correct. For him who says, the argument of Rebbi Eleazar is correct, it is a testimony about one person; as testimony it is totally invalid if it is partially invalid. For him who says, the argument of Rebbi Eleazar is not correct, it is as if two groups of witnesses came, valid for one and disqualified for the other.
MISHNAH: Rebbi Jehudah says, from Reqam to the East and Reqam belongs to the East, from Ascalon to the South and Ascalon belongs to the South, from Acco to the North and Acco belongs to the North. Rebbi Meïr says, Acco belongs to the Land of Israel in matters of bills of divorce.
HALAKHAH: “Rebbi Jehudah says, from Reqam to the East,” etc. Rebbi Joḥanan told the people of Sepphoris: You say in the name of Rebbi Joḥanan, even a person who brings a bill of divorce from Babylonia does not have to say “it was written and signed before me.” But I am saying that it is necessary, for there is a Mishnah: “Rebbi Jehudah says, from Reqam to the East and Reqam belongs to the East.” And even if you say that they disagree with Rebbi Jehudah and say that Reqam does not belong to the East, what about from Babylonia to here? Rav said, we consider ourselves as in the Land of Israel in the matter of bills of divorce. But Samuel said, even from one city quarter to another. He asked before him to change his opinion, when Cahana told him, what would we do with the earlier cases of women who remarried? He said to him, what do you have in your hand? For he was of Rebbi’s opinion as it was stated: If somebody brings a bill of divorce from overseas which was neither written nor signed in his presence, she has to leave under the thirteen penalties, the words of Rebbi. But the Sages did not agree in this matter.
MISHNAH: Somebody who brings a bill of divorce from the Land of Israel does not have to say: “It was written and signed before me.” If the document is contested, it should be confirmed by its signers. If somebody brings a bill of divorce from overseas and is unable to say: “it was written and signed before me,” it should be confirmed by its signers. Bills of divorce and slaves’ bills of manumission are equal in [the requirement] about those who carry and bring. This is one of the aspects in which bills of divorce, have the same rules as bills of manumission.
MISHNAH: Any document signed by a Samaritan is invalid, except bills of divorce and bills of manumission. It happened that they brought before Rabban Gamliel at Kefar Othnay a bill of divorce whose witnesses were Samaritans and he declared it valid. All documents confirmed by a Gentile recorder’s office are valid, even if they are signed by Gentiles, except bills of divorce and bills of manumission. Rebbi Simeon says, all are valid; they said it only when they were made by private persons.
MISHNAH: If one says, “give this bill of divorce to my wife or this document of manumission to my slave,” if he wants to change his mind in either case he can retract, the words of Rebbi Meïr. But the Sages say, only for women’s bills of divorce but not for slaves’ documents of manumission because one may bestow benefit on a person in his absence but put a detriment on him only in his presence; for if one chooses not to sustain his slave, he has the right not to do so, but not to sustain his wife he has no right. He said to them, but he disqualifies his slave for heave the same way he disqualifies his wife! They answered him, because he is his property. If one says, “give this bill of divorce to my wife or this document of manumission to my slave” and dies, they shall not be delivered after his death; “give this mina to Mr. X” and dies, they shall deliver it after his death.
HALAKHAH: If one says, “give this bill of divorce to my wife,” etc. Elsewhere you say that “give” means “bring”, but here you say that “give” means “acquire”! So is the Mishnah: “Acquire this bill of divorce for my wife; acquire this document of manumission for my slave.” The formulation of the Mishnah says so: “Because one may bestow benefit on a person in his absence but put a detriment on a person only in his presence.” Rebbi Meïr says, it is a detriment for either of them, but the Sages say it is a benefit for the slave but a detriment for the wife. Rebbi Ḥiyya bar Abba said, Rebbi Joḥanan asked: Think of it, if he was the slave of a rich person, would it not be a detriment for the slave? The colleagues said, Rebbi Joḥanan asked: Think of it, if she was the wife of a man suffering from boils, would it not be a benefit for the woman? You have only the following: If one sells his slave without the latter’s knowledge, is the sale of the slave not valid? If one divorces his wife without her knowledge, is the divorce valid because she was acquired by him? Rebbi Abin said, he is his property but he disqualifies him for heave.
HALAKHAH: If one says, “give this bill of divorce to my wife,” etc. Elsewhere you say that “give” means “bring”, but here you say that “give” means “acquire”! So is the Mishnah: “Acquire this bill of divorce for my wife; acquire this document of manumission for my slave.” The formulation of the Mishnah says so: “Because one may bestow benefit on a person in his absence but put a detriment on a person only in his presence.” Rebbi Meïr says, it is a detriment for either of them, but the Sages say it is a benefit for the slave but a detriment for the wife. Rebbi Ḥiyya bar Abba said, Rebbi Joḥanan asked: Think of it, if he was the slave of a rich person, would it not be a detriment for the slave? The colleagues said, Rebbi Joḥanan asked: Think of it, if she was the wife of a man suffering from boils, would it not be a benefit for the woman? You have only the following: If one sells his slave without the latter’s knowledge, is the sale of the slave not valid? If one divorces his wife without her knowledge, is the divorce valid because she was acquired by him? Rebbi Abin said, he is his property but he disqualifies him for heave.
“ ‘Give this mina to Mr. X’ and he dies, they shall deliver it after his death”. Rebbi Abin in the name of Rebbi Abba bar Mamal: The Mishnah refers to a sick person.
MISHNAH: If somebody brings a bill of divorce from overseas and says, “it was written before me,” but not “it was signed before me,” or “it was signed before me” but not “it was written before me”, “it was written before me but signed only partially before me”, “it was partially written before me but signed completely before me”, it is invalid. If one said “it was written before me” and another “it was signed before me”, it is invalid; if two people say, “it was written before us” but only one says, “it was signed before me,” it is invalid; but Rebbi Jehudah declares it valid. If one says, “it was written before me” but two say, “it was signed before us,” it is valid.
MISHNAH: If it was written during daytime and signed during daytime, in the night and signed in the night, in the night and signed during daytime, it is valid. During daytime and signed in the night it is invalid. Rebbi Simeon declares it valid since Rebbi Simeon says that all documents which were written during daytime and signed at night are invalid except for women’s bills of divorce.
MISHNAH: One writes with anything, with ink, with vermilion, with gum, and with copper sulfate, and anything that leaves a record. One does not write with drinks, or fruit juice, or anything not permanent. One writes on anything, on a leaf of the olive tree, on a cow’s horn if one delivers the cow to her, on a slave’s hand if one delivers the slave to her. Rebbi Yose the Galilean says, one does not write on anything living nor on food.
“On a cow’s horn.” The Mishnah in case he says to her, here is your bill of divorce. But if he says to her, here is your bill of divorce and the remainder is for your ketubah, her bill of divorce and the payment of her ketubah were received together. If he said to her, here is your bill of divorce and the payment of your ketubah together? Rebbi Ezra asked before Rebbi Mana: If he delivered the halter to her, what? In commercial law, the buy is acquired, do you say so here? Or is it a difference since it is written: “he shall deliver into her hand,” until it is completely in her hand!
MISHNAH: One does not write on anything connected to the ground. If he wrote on anything connected, detached it, signed, and delivered it, it is valid, but Rebbi Jehudah declares it invalid unless both writing and signing took place when it was detached. Rebbi Jehudah ben Bathyra says, one writes neither on erased papyrus nor on διφθέρα because these can be falsified but the Sages declare valid.
MISHNAH: Everybody is acceptable to write the bill of divorce, even an insane, a deaf-and-dumb, or a minor. The wife may write her bill of divorce and a man his receipt, for the certification of the bill of divorce is only effected by its signatures. Everybody is acceptable to bring the bill of divorce except an insane, a deaf-and-dumb, a minor, a blind person, or a Gentile.
MISHNAH: If the minor received it and became an adult, the deaf-and-dumb and started talking, the blind and became seeing, the insane and became sane, the Gentile and converted, it remains invalid. But if a hearing person became deaf-and-dumb, then regained his hearing, a seeing person became blind, then regained his vision, a sane person became insane, then regained his sanity, it is valid. This is the principle: Whenever the beginning and the end was in full competence, it is valid.