mishnah

Rebbi Yannai in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah: “If [in the document] it was not written ‘bedridden’ but he says, I was bedridden,” etc. Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” etc. A young man was selling his properties. The case came before Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan. Rebbi Ḥiyya bar Joseph said, the presumption is that they signed for a mentally capable person. Rebbi Joḥanan said, since he undertook to uproot the properties from the family, he has to bring proof. Rebbi Joḥanan said, the holder of documents is advantaged. Rebbi Yasa asked before Rebbi Joḥanan, how about Rebbi, since Rebbi said, the holder of documents is disadvantaged? He told him, everybody agrees that the holder of documents is advantaged. But how could you say that a case came before Rebbi Ḥiyya bar Joseph who said, the presumption is that they signed for a mentally capable person. And you said, since he undertook to uproot the properties from the family to another family, he has to bring proof! He told him, I never said this. Rebbi Ze‘ira said before Rebbi Yasa, even if Rebbi Joḥanan wants to deny it, did not Rebbi Yannai say in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah? This is the opinion of the Sages who follow Rebbi.

Rebbi Yannai in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah: “If [in the document] it was not written ‘bedridden’ but he says, I was bedridden,” etc. Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” etc. A young man was selling his properties. The case came before Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan. Rebbi Ḥiyya bar Joseph said, the presumption is that they signed for a mentally capable person. Rebbi Joḥanan said, since he undertook to uproot the properties from the family, he has to bring proof. Rebbi Joḥanan said, the holder of documents is advantaged. Rebbi Yasa asked before Rebbi Joḥanan, how about Rebbi, since Rebbi said, the holder of documents is disadvantaged? He told him, everybody agrees that the holder of documents is advantaged. But how could you say that a case came before Rebbi Ḥiyya bar Joseph who said, the presumption is that they signed for a mentally capable person. And you said, since he undertook to uproot the properties from the family to another family, he has to bring proof! He told him, I never said this. Rebbi Ze‘ira said before Rebbi Yasa, even if Rebbi Joḥanan wants to deny it, did not Rebbi Yannai say in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah? This is the opinion of the Sages who follow Rebbi.

Rav Jeremiah in the name of Rav: Practice follows Rebbi Meir. Samuel said, the Mishnah is inverted. In what is the Mishnah inverted? The senior colleagues said, “witnesses.” The junior colleagues said, no “witnesses”: did they only disagree about witnesses? Rebbi Aḥa said, since I told you to write “bedridden” and you did not write it, you are liers.

Rav Jeremiah in the name of Rav: Practice follows Rebbi Meir. Samuel said, the Mishnah is inverted. In what is the Mishnah inverted? The senior colleagues said, “witnesses.” The junior colleagues said, no “witnesses”: did they only disagree about witnesses? Rebbi Aḥa said, since I told you to write “bedridden” and you did not write it, you are liers.

MISHNAH: If somebody distributes his property orally, Rebbi Eliezer says that whether he is healthy or critical, guaranteed properties can be acquired by money, or contract, or possession. Not guaranteed properties can only be acquired by drawing close. They said to him, it happened that the mother of the Bene Rokhel was sick and said, give my bonnet to my daughter, it is worth twelve minas. She died and the Sages confirmed her words. He answered them, the Bene Rokhel should have been buried by their mother.

MISHNAH: But the Sages say, on the Sabbath, his words are confirmed since he cannot write, but not on weekdays. Rebbi Joshua says, they said that for the Sabbath, so much more for weekdays. Similarly, one may acquire for an underage person but not for an adult. Rebbi Joshua says, they said that for an underage person, so much more for an adult.

HALAKHAH: “But the Sages say, on the Sabbath, his words are confirmed,” etc. Some Tannaїm state it inversely. Rebbi Joshua ben Levi said, so is the Mishnah: if they said that for the Sabbath, so much more for weekdays. Some Tannaїm state it inversely. Rebbi Joshua ben Levi said, so is the Mishnah: if they said that for an underage person, so much more for an adult.

HALAKHAH: “But the Sages say, on the Sabbath, his words are confirmed,” etc. Some Tannaїm state it inversely. Rebbi Joshua ben Levi said, so is the Mishnah: if they said that for the Sabbath, so much more for weekdays. Some Tannaїm state it inversely. Rebbi Joshua ben Levi said, so is the Mishnah: if they said that for an underage person, so much more for an adult.

MISHNAH: If the house collapsed on him and his father, or on him and his heirs, or on him and one from whom he inherits, and a woman’s ketubah and documents of indebtedness were on him. The father’s heirs say that the son died first and then the father; the holders of the debt say that the father died first and then the son. The House of Shammai say that they shall split; the House of Hillel say the properties are in the possession of their holders. If the house collapsed on him and his wife; the father’s heirs say that the wife died first and then the husband. The wife’s heirs say that the man died first and then the wife. The House of Shammai say that they shall split; the House of Hillel say the properties are in the possession of their holders, the ketubah is in the hands of the husband’s heirs; properties that enter and leave with her are in the hands of her father’s heirs. If the house collapsed on him and his wife; the father’s heirs say that the wife died first and then the husband. The wife’s heirs say that the man died first and then the wife. The House of Shammai say that they shall split; the House of Hillel say the properties are in the possession of their holders, the ketubah is in the hands of the husband’s heirs; properties that enter and leave with her are in the hands of her father’s heirs.

MISHNAH: The witnesses to an simple document sign inside, to a knotted one on its back. A simple document whose witnesses signed on its back and a knotted one whose witnesses signed on its interior both are invalid. Rebbi Ḥananiah ben Gamliel says, a knotted one whose witnesses signed inside is valid since one can turn it into a simple one. Rabban Simeon ben Gamliel says, everything follows local custom.

Simeon bar Abba in the name of Rebbi Joḥanan: An empty space of two lines in a text about one subject in any case [invalidates]. Rebbi Samuel bar Rav Isaac said: The Mishnah says so: “One Hebrew- and one Greek-writing witness …” Is not Hebrew combined with Greek one item? “How far from the text should the witnesses sign? That they can be read with it, the words of Rebbi. Rebbi Simeon ben Eleazar says, one full line. Rebbi Dositheos ben Jehudah says, the width of the witnesses’ handwriting.” Rav Jeremiah said in the name of Rav: One estimates לך ולך. Rebbi Yasa in the name of Rebbi Sabbatai: the width of the witnesses’ handwriting.

MISHNAH: A simple document has two witnesses and a knotted one three. A simple [document] in which one [witness] signed or a knotted one where two signed are both invalid. If there is written in it “100 zuz which are 20 tetradrachmas,” he only has 20. “100 zuz which are 30 tetradrachmas,” he only has a mina. “Silver zuzim which are” and the rest is erased, is for no less than two. “Silver tetradrachmas which are” and the rest is erased, is for no less than two. “Dareikos which are” and the rest is erased, is for no less than two.

MISHNAH: If at the start there was written a mina but at the end 200, or at the start 200 and at the end a mina, everything goes according to the end. If this is so, why does one write at the start? That if at the end a letter should become illegible, one may recoup it from the start.

MISHNAH: One writes a bill of divorce for a man even though his wife not be present, and a receipt for the wife even though he husband not be present on condition that he know her. The husband pays the fee. One writes a document of indebtedness for the borrower even though the creditor not be present, but one does not write a document of indebtedness for the creditor if the borrower not be present. The borrower pays the fee. One writes a sale contract for the seller even though the buyer not be present, but one does not write a sale contract for the buyer if the seller not be present. The buyer pays the fee. Documents of preliminary and definitive marriage one only writes on the orders of both parties; the groom pays the fee. Documents of share-cropping and leases one only writes on the orders of both parties; the tenant pays the fee. Documents of arbitration and court decisions one only writes on the orders of both parties; both of them pay the fee. Rabban Simeon ben Gamliel says, one writes them in duplicate, one for each party.

HALAKHAH: “One writes a bill of divorce for a man,” etc. Rebbi Abba said: He has to know both of them. Rebbi La said, he has to know the husband for his bill of divorce and the woman for her receipt. A Mishnah disagrees with Rebbi Abba: “Rabban Gamliel the Elder instituted that one should write Mr. X and all his names, Mrs. Y and all her names, for the public good.” But even with Rebbi [La] it does not disagree: “In earlier times, his name and her name and the names of his and her towns could change.”

MISHNAH: If somebody paid off part of his debt, deposited his bond with a third party, and told him, if I have not paid him by date x, return the bond to him. If the time has passed while he did not pay, Rebbi Yose says, he shall return it; Rebbi Jehudah says, he shall not return it. If somebody’s bond became illegible, he presents witnesses about it to the court and they confirm for him: The bond of Mr. X, son of Mr. Y, dated from day Z became illegible; U and V were his witnesses.

MISHNAH: If somebody paid off part of his debt, Rebbi Jehudah said, he shall exchange [his bond], but Rebbi Yose said, he shall write a receipt. Said Rebbi Jehudah, but then this one must guard his receipt from the rats! Rebbi Yose answered him, that comes to him rightly, not to impair the other one’s rights.

MISHNAH: Two brothers, one poor and one rich, to whom their father left a bath house and an olive press. If they were built to be rented out, the rental fees are common property. If he built them for his own use, the rich one tells the poor, buy yourself slaves and have them bathe in the bathhouse, buy yourself olives and process them in the olive press. If two people lived in the same town, both called Yose ben Simeon, they cannot write a bond one on the other or a third party on one of them. If somebody found between his bonds a bond of Yose ben Simeon which was paid off, the bonds of both of them are paid off. What can they do? They write three generations. If their names were identical for three generations, they should write a characteristic mark. If they had identical charateristic marks, they should write “Cohen”. If somebody said to his son, a bond among my bonds is paid, but it is not known which one it is, all his bonds are paid. If one finds there two [bonds] given by the same [debtor], the larger one is paid, the smaller one is not paid.

MISHNAH: Somebody who gives a loan to another person with a guarantor may not request payment from the guarantor. If he said, on condition that I may request payment from whom I choose, he may ask payment from the guarantor. Rabban Simeon ben Gamliel said, if the debtor has real estate then in no case may he request payment from the guarantor.

There, they instruct that practice everywhere follows Rabban Simeon ben Gamliel except for the guarantor, Sidon, and the last proof. They say, only in the Mishnah. Rebbi Immi bar Qorḥa in the name of Rav: Why did they say, practice everywhere follows Rabban Simeon ben Gamliel? For he pronounced specific practices decided by his court.

MISHNAH: Similarly did Rabban Simeon ben Gamliel say that if a person was guarantor for a woman’s ketubah and her husband divorced her, the latter has to make a vow not to have any usufruct from her so they could not plan a partnership against that person’s property and then he would take back his wife.

MISHNAH: Somebody who lent to another by a document collects from encumbered property, by witnesses collects from free property. If he presents a note in his own handwriting that he owes him, he collects from free property. From a guarantor who endorsed after the signature of the witnesses, one collects from free property. This case came before Rebbi Ismael who said, he collects from free property. Ben Nannas said to him, he collects neither from encumbered nor from free property. He asked, why? He answered, if one would strangle another in the market place and a third person would say, let him go, I shall pay you, he is not liable since the loan was not made on his faith. Who is the guarantor who is liable? If he told him, “lend to him and I shall pay you,” he is liable because the loan was extended on his faith. Rebbi Ismael said, anybody who wants to train to become wise should study the laws of money matters since nothing greater is there in the Torah; they are like a flowing source, and anybody wanting to study the laws of money matters should serve Simeon ben Nannas.

MISHNAH: Money matters are judged by three [judges]; robberies and injuries by three [judges], damages, half damages, double restitution quadruple and quintuple restitution. The rapist, the seducer, and the calumniator are judged by three [judges], the words of Rebbi Meïr; but the Sages say that the calumniator is judged by 23 because it might be a capital case.

There, we have stated: “If somebody takes a fee to judge, his judgments are invalid.” So is the Mishnah: “He who is suspected of taking a fee but he judges.”

MISHNAH: Whipping by three [judges]; in the name of Rebbi Ismael they said, by 23. The lengthening of a month by three [judges], the intercalation of a year by three [judges], the words of Rebbi Meïr. Rabban Simeon ben Gamliel says, one starts with three, one discusses with five, and one votes with seven. But if they voted with three, it is intercalated. The leaning of Elders and the breaking of the calf’s neck by three [judges], the words of Rebbi Simeon, but Rebbi Jehudah says, by five. Ḥalîṣah and repudiations by three [judges], [redemption of] the growth of the fourth year and Second Tithe whose value is not known by three [appraisers], also of Temple dedications by three. Estimations of movables by three [appraisers], Rebbi Jehudah says that one of them must be a Cohen; of real estate nine and a Cohen. The same holds for humans. Capital crimes [are judged] by 23. The participants in active or passive bestiality [is judged] by 23, as it is said, you shall slay the woman and the animal, and it says, and you shall slay the animal. The bull to be stoned [is judged] by 23, as it is said, the bull shall be stoned, also its owner shall die; like the owner’s death sentence so is the ox’s death sentence. The wolf and the lion, the bear, and the tiger, and the panther, and the snake are sentenced to death by 23. Rebbi Eliezer says, anyone quick to kill them is meritorious; Rebbi Aqiba says, they are sentenced by 23.

Rebbi Simeon ben Ioḥai stated: You shall sanctify the Fiftieth Year. You shall sanctify years but not months. But did we not state: “The president of the court says: sanctified”? What means sanctified? Confirmed. It was stated: For sanctifying months one starts with the most senior person. Rebbi Ḥiyya bar Ada said, the Mishnah says this: “The president of the court says: sanctified.” It was stated, for intercalation of the (month) [year] one starts from the side. Rebbi Zebida said, but this lower house do not proceed in this way, for they did not hear what Rebbi Ḥiyya bar Marius and Rebbi Jonah, Rebbi Abba bar Ḥiyya said in the name of Rebbi Joḥanan: For lengthening the month one starts with the most senior person, for intercalating the year one starts from the side. When Rebbi Joḥanan was participating as the most junior person, they told him, say: “this year is sanctified in its intercalation.” He said, “this year is sanctified in intercalation.” Rebbi Jonathan said, look at the language which the smith’s son taught us. If he had said, “in its intercalation,” I would have said that this refers to the eleven days by which the solar year exceeds the lunar one, but [he said] “in intercalation”, that the Sages added thirty days to it. Rebbi Jacob bar Aḥa, Rebbi Yasa in the name of Rebbi Joḥanan: For intercalation one follows the date of ordination. In the Academy one follows usage; each one gives his opinion at his place and sums up. For example, Rebbi Ḥanina started, Rebbi Joḥanan and Rebbi Simeon ben Laqisch summed up. Rebbi Abba bar Zavda started, Rebbi Yasa and Rebbi Immi summed up. Rebbi Ḥaggai started, Rebbi Jonah and Rebbi Yose summed up. Rebbi Cahana was ordained before Rebbi Jacob bar Aḥa, but Rebbi Jacob bar Aḥa participated in intercalation before Rebbi Cahana was invited. He said, the person who formulated the tradition does not respect it for himself.

MISHNAH: One judges neither a tribe, nor a false prophet, nor the High Priest, except by the court of 71 [judges]. One may start a war of choice only by the court of 71 [judges]. One may add to the City or to the Temple courtyards only by the court of 71 [judges]. One appoints high courts for the tribes only by the court of 71 [judges]. One declares a town as deviant only by the court of 71 [judges]; one does not declare a border town as deviant, nor three together, but one may declare one or two.

HALAKHAH: “One judges neither a tribe,” etc. Come and look: One does not try two people together, so much less an entire tribe? Rebbi Mattaniah said, the Mishnah speaks of the head of the tribe. Rebbi Eliezer said, the Mishnah speaks about a forested area between two tribes.

HALAKHAH: “One judges neither a tribe,” etc. Come and look: One does not try two people together, so much less an entire tribe? Rebbi Mattaniah said, the Mishnah speaks of the head of the tribe. Rebbi Eliezer said, the Mishnah speaks about a forested area between two tribes.

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

MISHNAH: The High Priest judges and one judges him; he testifies and one testifies against him. He gives ḥalîṣah and one gives ḥalîṣah to his wife, and one marries his wife in levirate marriage. But he may not marry in levirate marriage since a widow is forbidden to him. If a family member of his dies, he cannot follow the bier but if they are unseen he can be seen; if they are seen he must be unseen. He leaves with them up to the city gate, the words of Rebbi Meïr; Rebbi Jehudah said, he does not leave the Temple since it is said: The Sanctuary he shall not leave.

MISHNAH: If he consoles others, common behavior requires the people to come in single file and the executive officer becomes a partition between himself and the people. If he is consoled by others, everybody tells him, we are his atonement; he answers them, may you be blessed by Heaven. If one brings him the first meal, the people sit in a circle on the ground and he sits in their circle on a footstool.

It is stated: The eulogizer and all who participate in a eulogy interrupt for the recitation of Shemaˋ but do not interrupt for prayer. It happened that our teachers interrupted for the recitation of Shemaˋ and prayer. Did we not state: “If they are able to start and finish”? Our Mishnah refers to the first day; that the Tanna stated for the second day.

MISHNAH: The king does not judge, nor may one judge him; he does not testify, nor may one testify against him; he does not give ḥalîṣah, nor does one give ḥalîṣah to his wife. He does not marry in levirate, nor may one marry his wife in levirate. Rebbi Jehudah says, if he wants to give ḥalîṣah or marry in levirate, let his good deeds be remembered. They told him, even if he wants to, one does not listen to him. One may not marry his widow; Rebbi Jehudah says, a king may marry a king’s widow, since we find that David married Saul’s widow, as it is said: I gave your master’s house to you and your master’s wives on your breast.

MISHNAH: If a relative of his died, he does not leave his palace. Rebbi Jehudah says, if he wants to follow the bier, he may follow it, as we find that David followed Abner’s bier, as it is said: King David followedthe bier. They told him, this was only to quiet. When one brings him the first meal, the people sit in a circle on the floor and he sits in their circle on a couch.

MISHNAH: He goes to a war of choice by the word of the Court of 71. He breaches fences on his way and one may not protest against him. The king’s highway has no measure. When all people plunder, it is put before him and he selects his part first.

MISHNAH: He shall not add wives, only eighteen. Rebbi Jehudah says, he may have many on condition that they not deflect his mind. Rebbi Simeon says, he should not marry even one if she deflects his mind. Then why was it said, he shall not add wives? Even one like Abigail. He shall not add horses, over and above what he needs for his chariots. And silver and gold he shall not add excessively, over and above what he needs for his payroll. And he shall write a Torah scroll for himself. If he goes to war, it is with him; if he returns, it is with him; if he sits in court, it is with him; if he sits down for dinner, it is with him, as it is said: It shall be with him, and he shall read in it all the days of his life. One does not ride on his horse, nor does one sit on his throne, nor does one use his scepter. One may not see him when he is barbered, nor when he is naked, nor when he is in the bath, as it is said: You certainly shall put a king over you, that his fear be upon you.

MISHNAH: Money matters by three [judges]. Each party selects one judge and both together select a third, the words of Rebbi Meïr. But the Sages say, the two judges together select a third.

MISHNAH: Each of them disqualifies the other’s judge, the words of Rebbi Meïr. But the Sages say, when is this? If he brings proof that they are relatives or disqualified. But if they are unexceptionable or qualified by the court he cannot disqualify them.

HALAKHAH: “Each of them disqualifies the other’s judge,” etc. So is the Mishnah: Each of them disqualifies the other’s judge, but not his own. Rebbi Simeon ben Laqish said, they spoke about Syrian courts, but not about following Torah law. Rebbi Joḥanan said, even following Torah law. How was this said? Two people had a case in Antioch. One said to the other, I am accepting everything which Rebbi Joḥanan will decide. Rebbi Joḥanan heard it and said, he is not empowered to tear apart his opponent, but they shall hear their arguments there and if need be they should write and send the case before the rabbis. Rebbi Eleazar said, if one says in Tiberias, but the other said in Sepphoris, one listens to the one who says in Tiberias.

MISHNAH: Each of them disqualifies the other’s witnesses, the words of Rebbi Meïr. But the Sages say, when is this? If he brings proof that they are relatives or disqualified. But if they are unexceptionable or qualified by the court he cannot disqualify them.

HALAKHAH: “Each of them disqualifies the other’s witnesses,” etc. Rebbi Simeon ben Laqish said, so is the Mishnah: “His witness,” but not his witnesses. But Rebbi Joḥanan said, even his witnesses, as it was stated: “One always adds judges until judgment is rendered, and the judges may change their opinions. After judgment is rendered they may no longer change their opinions.” Rebbi Joḥanan agrees, that if these were the only ones, he cannot disqualify them. Zeˋira said, he and a person from the street can team up to disqualify this testimony. Rebbi Ḥanina asked, does not one witness force an oath everywhere? Rebbi Zeˋira said, by disqualification one can only be disqualified by a court. A relative does not have to be disqualified by the court. Rava bar Binah said in the name of Rav: Three are like final judgment.

MISHNAH: If somebody said, I am accepting my father; I am accepting your father; I am accepting three cowboys; Rebbi Meïr says, he may change his opinion, but the Sages say, he may not change his opinion. If one was obligated to swear to another, who asked him to make a vow “by his life”, Rebbi Meïr says, he may change his opinion, but the Sages say, he may not change his opinion.

MISHNAH: The following are disqualified: The dice-player, the lender on interest, participants in pigeon contests, dealers in sabbatical produce, and slaves. Rebbi Simeon said, earlier they were listing harvesters of sabbatical produce; but since the increase of oppressors they returned to list only dealers in sabbatical produce. Rebbi Jehudah said, when? If he has no profession but this; but if he has another profession, he is qualified.

“Rebbi Simeon says, earlier they were listing harvesters of sabbatical produce; but since the increase of oppressors they returned to list only dealers in sabbatical produce. Rebbi Jehudah said, when? If he has no profession but this; but if he has another profession, he is qualified.” How is this implemented? If he was sitting idle all the years of the sabbatical cycle but when the Sabbatical began he became active and traded in sabbatical produce. If at the same time he is engaged in another occupation, he is qualified; otherwise he is disqualified. But if he was working in his profession all the years of the sabbatical cycle and when the Sabbatical began he became active and traded in sabbatical produce, even if he has no other profession on the side he is qualified. Rebbi Abba bar Zavda, Rebbi Abbahu in the name of Rebbi Eleazar: Practice follows Rebbi Jehudah of our Mishnah. Rebbi Abba bar Zavda was praised for formulating the tradition in the name of a person younger than himself.

Rebbi Ḥiyya stated restrictively. How is this implemented? If he was working in his profession all the years of the sabbatical cycle but when the Sabbatical began he became active and traded in sabbatical produce. Even if he has another profession on the side he is disqualified. This is not what Rebbi Abba bar Zavda, Rebbi Abbahu said in the name of Rebbi Eleazar: Practice follows Rebbi Jehudah of our Mishnah. Rebbi Abba bar Zavda was praised for formulating the tradition in the name of a person younger than himself. Here also should it be so? Rebbi Yose ben Rebbi Abun said, there the government is not oppressive, here the government is oppressive.

MISHNAH: The following are the relatives: His brother, his father’s brother and his mother’s brother, his sister’s husband, his father’s sister’s husband and his mother’s sister’s husband, his father-in-law, and his brother-in-law; these, their sons and sons-in-law, but his steps alone. Rebbi Yose said, this is Rebbi Aqiba’s teaching; but the original Mishnah was: His uncle and his uncle’s son, and anybody in line to inherit from him, and any related to him at that moment. If he had been related but became unrelated, he is qualified. Rebbi Jehudah says, even if his daughter had died but he had children from him, he remains a relative.

MISHNAH: The following are the relatives: His brother, his father’s brother and his mother’s brother, his sister’s husband, his father’s sister’s husband and his mother’s sister’s husband, his father-in-law, and his brother-in-law; these, their sons and sons-in-law, but his steps alone. Rebbi Yose said, this is Rebbi Aqiba’s teaching; but the original Mishnah was: His uncle and his uncle’s son, and anybody in line to inherit from him, and any related to him at that moment. If he had been related but became unrelated, he is qualified. Rebbi Jehudah says, even if his daughter had died but he had children from him, he remains a relative.

MISHNAH: The lover and the hater. The lover, that is the best man. The hater, anyone who did not talk to him for three days because of ill-will. They told him, Israel are not suspected of this.

MISHNAH: How does one check out the witnesses? One brings them to court and instills fear into them, then removes them but retains the greatest among them. One says to him, tell why you know that this person owes to the other one. If he said, he himself confessed to me that he owes the money, or another person told me that he owes it, he did not say anything until he says, before us he confessed to him that he owed him 200 denar.

MISHNAH: One calls in the second [witness] and examines him. If their testimonies are found consistent, one argues the case. Two say not guilty and one says guilty, he is not guilty. Two say guilty and one says not guilty, he is guilty. One says not guilty, one says guilty, and one says “I do not know”, they shall add judges. Even if two say not guilty or guilty but one says “I do not know”, they shall add judges

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

HALAKHAH: “When they have come to a decision,” etc. Rebbi Joḥanan said, one forces the one who finds guilty to write “not guilty.” Rebbi Simeon ben Laqish says, the one who finds guilty, writes “guilty”; the one who finds not guilty, writes “not guilty”. The Mishnah disagrees with Rebbi Simeon ben Laqish: “From where that afterwards, one may not say, I had found for you but my colleagues found you guilty.” What does Rebbi Joḥanan do with this? That nobody could say, I really wanted to justify X in his suit but they did not let me do it. What is Rebbi Simeon ben Laqish’s reason? That no other person should come, reason as he did, and say, also that one was there and he erred.

MISHNAH: Any time one produces a proof he may demand a new trial. If they told him, produce all your proofs within thirty days, if he produced within thirty days, he gets a new trial, after thirty days he does not get a new trial. Rabban Simeon ben Gamliel said, what can one do if he did not find within thirty [days] but found after thirty [days]?

MISHNAH: If they told him, produce witnesses; he said, I have no witness; produce proofs; he said, I have no proofs. If later he found a proof, or he found witnesses, this is irrelevant. Rabban Gamliel said, what should he do who did not know that he had witnesses but found witnesses; he did not know that he had proof, but he found proof? If they told him, produce witnesses; he said, I have no witness; produce proofs; he said, I have no proofs; when he saw that the decision would go against him he said, X and Y shall come and testify for me, or he produced proof from his money belt, this is irrelevant.

MISHNAH: Both civil suits and criminal suits require cross-examination and investigation, as it is said: One set of rules shall be for you. What is the difference between civil suits and criminal suits? Civil suits are tried before three judges, criminal suits before 23. In civil suits one starts with arguments either for acquittal or conviction; in criminal courts one starts with arguments for acquittal but not for conviction.

MISHNAH: Civil suits are decided by one witness whether for credit or debit; criminal suits are decided by one witness for acquittal and two for conviction.

MISHNAH: Civil suits can be retried both for credit and for debit. Criminal suits can be retried for acquittal but not for conviction.

MISHNAH: In civil suits, anybody may argue for credit or debit. In criminal suits, anybody may argue for acquittal but not everybody may argue for conviction. In civil suits, one who argued for credit may argue for debit and one who argued for debit may argue for credit; but in criminal suits one who argued for conviction may argue for acquittal but one who argued for acquittal is barred from arguing for conviction.

MISHNAH: Civil suits are tried during the day and may be decided in the night but criminal suits are tried during the day and decided during daytime.

MISHNAH: Civil suits are decided on the same day, whether for credit or debit. But criminal suits are decided the same day for acquittal, the next day for conviction. Therefore one does not judge on Sabbath eve or holiday eve.

Rebbi Ḥizqiah, Rebbi Aḥa, said in the name of Rebbi Abbahu: It is forbidden to judge money matters on Friday. Does not a Mishnah object: “Therefore one does not judge [criminal matters] on Sabbath eve or holiday eve”? Hence, one judges money matters! Also, Rebbi Ḥiyya stated thus: One judges money matters on Friday but not criminal matters. One is for practice, the other for action.

MISHNAH: In cases of money matters, purity, and impurity, one starts with the greatest. In criminal cases, one starts from the side. Everybody is qualified to judge money matters but not everybody is qualified to judge criminal matters, but only Cohanim, Levites and Israel whose daughters may marry into the priesthood.

MISHNAH: The Synhedrion was like a semicircular threshing floor, so that they could see one another. Two court reporters were standing before them, one to the right and one to the left, and they wrote down the arguments of those who argued for acquittal and those who argued for conviction. Rebbi Jehudah says, there were three. One wrote the arguments for conviction, one wrote the arguments for acquittal, and one wrote the arguments for acquittal and for conviction. Three rows of students of the Sages were sitting before them; each one of them knew his place. If they needed to ordain, they ordained one from the first row. One of the second row came to sit in the first, and one of the third came to sit in the second. They chose a person from the general public and placed him in the third row; he did not sit in the place of the one promoted but in the place befitting him.

HALAKHAH: “Three rows of students of the Sages,” etc. Rebbi Abba (bar) [Rebbi] Yasa in the name of Rebbi Joḥanan: It says here congregation, and it says there congregation. Rav brought it from a Mishnah; the Mishnah says “be a tail of lions and not a head of jackals.” The parable says, be a head of jackals but not a tail of lions. But we have stated: “If they needed to ordain, they ordained one from the first row.”

HALAKHAH: “Three rows of students of the Sages,” etc. Rebbi Abba (bar) [Rebbi] Yasa in the name of Rebbi Joḥanan: It says here congregation, and it says there congregation. Rav brought it from a Mishnah; the Mishnah says “be a tail of lions and not a head of jackals.” The parable says, be a head of jackals but not a tail of lions. But we have stated: “If they needed to ordain, they ordained one from the first row.”

MISHNAH: How does one instill fear in witnesses in criminal cases? One brings them in and instills fear in them. Maybe you would testify by a guess, or by a rumor, or from the mouth of a witness, or you heard it from a trustworthy source, or maybe you do not know that we shall examine you by cross-examination and interrogation. You should know that criminal trials are not like civil trials. In civil trials a person pays money and is forgiven. In criminal trials, his blood and the blood of all his descendants hang in the balance, to the end of all generations. So we find when Cain slew his brother, it is said: The sounds of your brother’s bloods cry to me from the earth. It does not say your brother’s blood but your brother’s bloods, his blood and that of his descendants. Another explanation: Your brother’s bloods, the blood was splashed on trees and stones. Therefore man was created single in the world to teach that for anybody who destroys a single life it is counted as if he destroyed an entire world, and for anybody who preserves a single life it is counted as if he preserved an entire world. And because of peace among men, that nobody could say to another, my father was greater than your father. And that sectarians could not say, there are a plurality of powers in Heaven. And to proclaim the greatness of the King over kings of kings, the Holy One, praise to Him. For a man coins many coins with one die; they are one like the other. But the King over kings of kings, the Holy One, praise to Him, stamps every man with the stamp of the first man, but no one is like any other. Therefore, everybody is required to say, the world was created for me. Maybe you will say, why should we go to all this trouble? There already is written: If he is a witness, or saw, or knew, etc. Maybe you will say, why should we be guilty of this man’s blood? There already is written: In destruction of evildoers is clamor.

MISHNAH: They were investigating him in seven ways: In which Sabbatical period, in which year, in which month, which day of the month, which day, which hour, at which place? Rebbi Yose said, which day, which hour, which place, do you recognize him, and did you warn him? If one worshipped idols, what did he worship and how did he worship?

MISHNAH: Anybody who adds inquiries is praiseworthy. It happened that Ben Zakkai cross-examined about fig stalks. What is the difference between investigations and cross-examinations? In investigations, if one said “I do not know”, their testimony is worthless. In cross-examinations, if one said “I do not know”, or even two say “we do not know,” their testimony remains valid. Both in investigations and cross-examinations, if they contradict one another their testimony is worthless.

Rav said, if testimony was contradictory in its essence, the testimony is not void. Rebbi Joḥanan said, if testimony is contradictory in itself, the testimony is void. In the opinion of everybody, if testimony was contradictory in aspects that belong after the fact, the testimony is not void. The strength of Rebbi Joḥanan is consistent with what Rebbi Abba bar 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 be void. Where do they disagree? If there were two groups of witnesses, one says he counted from a wallet and the other says 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. One said, he counted into his bosom, but the other said, he counted into his money-belt: everybody agrees that this contradicts the essence of the testimony but the testimony is not void. If one [witness] said, he killed him with a sword, the other [witness] said, he killed him with a mace, that contradicts the essence of the testimony; Rav will agree that the testimony be void. Where do they disagree? If there were two groups of witnesses, one says he killed him with a sword and the other says, he killed him with a mace. That contradicts the essence of the testimony, the testimony is void, but according to Rav, the testimony is not void. One says, he turned to the North and one says, he ran away to the South, everybody agrees that the testimony was contradictory in aspects that belong after the fact, and the testimony is not void. The strength of Rav comes from what we have stated there: “Rebbi Jehudah and Rebbi Simeon say, since both agree that he is not alive they can be remarried.” He did not hear that Rebbi Eleazar said, Rebbi Jehudah and Rebbi Simeon concede 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 those of her companion. Rebbi Joḥanan said, if Rebbi Eleazar said this, he said it because he had heard it from me. The Mishnah disagrees with Rav: “Both in investigations and cross-examinations, if they contradict one another their testimony is worthless.” What does Rav do with this? Rebbi Mana said, Rav will explain it 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: One says, on the second of the month, but the other says, on the third of the month, their testimony may be valid, since one knew about the addition to the month but the other did not know. One says on the third, the other says on the fifth, their testimony is invalid. One says, at two hours but the other said at three hours, their testimony is valid. One says at three but the other says at five, their testimony is invalid; Rebbi Jehudah says it is valid. One says at five but the other says at seven, their testimony is invalid since at five hours the sun is in the East but at seven in the West.

MISHNAH: They brought in the second [witness] and examined him. If their testimonies were coherent, one starts with arguing for acquittal. If one of the witnesses said, I have an argument for his acquittal, or one of the students said, I have an argument for his conviction, one forces them to be silent. If one of the students said, I have an argument for his acquittal, one brings him up and lets him sit among them. He was not demoted from there the entire day; if his argument has substance, one listens to him. Even if he said, I have to argue for my acquittal, one listens to him if there is substance to his words.

MISHNAH: If they found him innocent, they free him. Otherwise they hold his case over to the next day, split into groups of two, eat little and refrain from wine the entire day, and discuss during the entire night. The next morning they start early. One who voted for acquittal says, I am for acquittal and I remain for acquittal. One who voted for conviction says, I am for conviction and I remain for conviction. He who voted for conviction may vote for acquittal; but he who voted for acquittal may not change and vote for conviction. If they erred in the matter, the two clerks of court will remind them. If they found him innocent, they free him; otherwise they tally the vote. If twelve are for acquittal and eleven for conviction, he is found innocent. If twelve are for conviction and eleven for acquittal, or even twenty-two are for acquittal or conviction and one says, I do not know, they shall add judges. Up to what number does one add? [One adds] two and two up to 71. If 36 vote for acquittal and 35 for conviction, he is found innocent. If 36 vote for conviction and 35 for acquittal, they have to continue to argue with one another until one of the voters for conviction is convinced by the arguments of those in favor of acquittal.

Rebbi Yose said, one understands from here: If three sat in judgment and one of them died, two sign and note: Even though we are two who sign, we were three in judging. Rebbi Ḥaggai said, a Mishnah implies this: “The judges sign at the bottom or the witnesses.” Does one learn court documents from prozbol? It was found stated: This about court documents he inferred from the rules of prozbol.

MISHNAH: If sentence was passed, one brings him out to be stoned. The place for stoning was outside the court as it is said: Bring the blasphemer outside the camp. One person was standing outside the court building with towels in his hand; a horse was standing ready at a distance but so he could see him. If one said, I have an argument in his favor, that one waves his towels, the horse gallops and stops him. Even if he himself says, I have an exculpatory argument for myself, one returns him even four or five times, on condition that his argument be substantial.

HALAKHAH: “If sentence was passed,” etc. The Mishnah either follows Rebbi or the rabbis in a Gentile city. As we have stated: Rebbi said, at your gates, at the gate they were found. You are saying so, or maybe at the gate they were judged? It is said here, at your gates, and it says there, if there be found in your midst, at one of your gates. Since gates mentioned there refers to the gate where he was found, gates mentioned here also refers to the gate where he was found. But the rabbis say, at your gates, at the gate where he was judged. You are saying so, or maybe at the gate were he was found? It is said here, at your gates, and it says there, take this man or this woman … to your gates. Since gates mentioned there refers to the gate where he was judged, gates mentioned here also refers to the gate where he was judged.

MISHNAH: If they found him innocent, they free him, otherwise he is led to be stoned. The herald goes before him: “X ben Y is led to be stoned because he committed crime Z; U and V testified against him. Anybody who knows of his innocence shall come and argue.”

MISHNAH: Ten cubits’ distance from the place of stoning one tells him: confess! So is the way of any dying person to confess, since anyone who confesses has part in the World to Come. For so we find about Achan towhom Joshua said, my son, honor the Eternal, the God of Israel, confess to Him, and tell me what you did, do not hide it from me. Achan answered Joshua and said, in fact I sinned against the Eternal, the God of Israel, and such and such I did. From where that his confession atoned for him? For it is said, Joshua said to him, how did you devastate us; may the Eternal devastate you on this day. This day you are devastated; you are not devastated in the Future World. If he does not know how to confess, one tells him, say: “My death shall be atonement for all my sins.” Rebbi Jehudah said, if he knows that he was the victim of perjurers, he says: “My death shall be atonement for all my sins except this one.” They told him, if so, everybody would say so to declare themselves innocent.

MISHNAH: At a distance of four cubits from the place of stoning one removes his clothes. One covers a man in front, a woman one covers front and back, the words of Rebbi Jehudah; but the Sages say, a man is stoned naked, but no woman is stoned naked.

MISHNAH: The place of stoning was two man-sizes high; one of the witnesses pushed him at his hips. If he fell on his breast, he turns him around on his back. If he died from this, it is sufficient; otherwise he takes the stone and puts it on his breast. If he died from this, it is sufficient; otherwise the second witness takes the stone and puts it on his breast. If he died from this, it is sufficient; otherwise the stoning is on all of Israel as it is said: The witnesses’ hand shall be first on him to kill him,the hand of the entire people afterwards.

MISHNAH: Anyone who was stoned is hanged, the words of Rebbi Eliezer. But the Sages say, only the blasphemer and the idolator are hanged. A man is hanged face to the people and a woman face to the pole, the words of Rebbi Eliezer. But the Sages say, a man is hanged, a woman is not hanged. Rebbi Eliezer said, it happened that Simeon ben Shetaḥ hanged women in Ascalon. They told him, he hanged eighty women, but one does not try two on the same day.

MISHNAH: How does one hang him? One sinks a stake into the ground, wood is sticking out from there. One binds both hands, one on top of the other, and hangs him. Rebbi Yose says, the beam is leaning on the wall; one hangs him in the way butchers do. One hangs him and takes him down immediately; if he were left overnight, one would transgress a prohibition, as it is said: Do not leave his corpse on the wood overnight, but certainly bury him on the same day, for a hanged person is blasphemy. This means, why was he hanged? Because he blasphemed; it turns out that the name of Heaven would be desecrated.

MISHNAH: Rebbi Meïr said: When a human suffers, how does the Divine presence express Itself? If it could be said, my head is light, my arm is light. If Scripture says so, I am suffering about the blood of evildoers, so much more if blood of the just is spilled.

The Mishnah does not follow Rebbi Meïr because he said, also for the blasphemer one violates a prohibition.

MISHNAH: Not only this, but anybody who leaves his dead overnight violates a prohibition. If he left him overnight for his honor, to provide him with a coffin and shrouds, he does not violate a prohibition in his regard. They did not bury them in their family graves, but two graves were prepared, one for those stoned or burned, the other for those beheaded or strangled.

MISHNAH: If the flesh has rotted away, one collects the bones and buries them at their place. The relatives come and greet the witnesses and judges, implying that “we hold no grudge against you because you delivered a true judgment.” They did not mourn but were in deep sorrow, since deep sorrow is only in the mind.

MISHNAH: Four kinds of execution was the court empowered to impose: Stoning, burning, decapitation, and strangling. Rebbi Simeon says: Burning, stoning, strangling, and decapitation. The preceding was prescribed for stoning.

MISHNAH: The order of burning: One makes him sink into manure up to his knees, puts a stiff cloth into soft ones and winds them around his throat. One person draws in his direction, the other draws in his direction until he opens his mouth. Then one lights a wick and throws it into his mouth that it enters his innards and chars his intestines. Rebbi Jehudah says, in that case, if he would die in their hands they would not have fulfilled the duty of burning; one opens his mouth forcefully with tongs, lights a wire and throws it into his mouth that it enters his innards and chars his intestines. Rebbi Eleazar ben Ṣadoq said, it happened that a Cohen’s daughter whored; they surrounded her with firewood and burned her. They told him, because the court at that time was incompetent.

Rebbi Crispus in the name of Rebbi Joḥanan: The Mishnah speaks of a ba `aṣ wire. What is a ba `aṣ wire? The rabbis of Caesarea say, a mixture of lead and tin. Rebbi Yose ben Rebbi Abun said, this follows him who said, “one lights a wire and throws it into his mouth.” But for him, who says, “it enters his innards and chars his intestines,” the Mishnah speaks of a wick of Naphtha.

Rebbi Crispus in the name of Rebbi Joḥanan: The Mishnah speaks of a ba `aṣ wire. What is a ba `aṣ wire? The rabbis of Caesarea say, a mixture of lead and tin. Rebbi Yose ben Rebbi Abun said, this follows him who said, “one lights a wire and throws it into his mouth.” But for him, who says, “it enters his innards and chars his intestines,” the Mishnah speaks of a wick of Naphtha.

MISHNAH: The order of beheading. They were chopping off his head with a sword just as the [Roman] government does. Rebbi Jehudah says, this is ugliness but one puts his head on the block and cuts it with a butcher knife. They told him, there is no death uglier than this.

MISHNAH: The order of the strangled: One makes him sink into manure up to his knees, puts a stiff cloth into soft ones and winds them around his throat. One person draws in his direction, the other one draws in his direction until he expires.

MISHNAH: The following are stoned: A male having sexual relations with the mother, or the father’s wife, or the daughter-in-law, or a male, or an animal; or a female bringing an animal onto herself. Also the blasphemer, the worshipper of idols, he who gives one of his descendants to the Moloch, and the necromancer, and the medium. Also one who desecrates the Sabbath, or who curses father or mother, or who has sexual relations with a preliminarily married maiden, or who leads astray, or who seduces, or the sorcerer, or the deviant and rebellious son.

HALAKHAH: “The following are stoned,” etc. It is necessary in one forgetting, but in two forgettings? Since even for one woman, if he had relations with her several times in one forgetting, he is liable for each one. Rebbi Simeon ben Rebbi Hillel ben Pazi asked before Rebbi Hillel ben Pazi: The Mishnah refers to one woman who is forbidden under many names. But if there were many women, or many forgettings, is that in one forgetting? He told him, it is necessary to state for one forgetting, since they disagreed: He acts in one forgetting but she in five forgettings. Rebbi Joḥanan said, he brings one sacrifice but she brings five sacrifices. Rebbi Simeon ben Laqish said, since he brings [only] one sacrifice, she brings only one sacrifice; lest you say that many women, or many forgettings, be treated as one forgetting. Therefore, it is necessary to say, he is liable for each one.

But Rebbi Joḥanan himself had a problem: from where does one prove it? Rebbi Abbahu in the name of Rebbi Eleazar in the name of Rebbi Hoshaia: Two prohibitions and one extirpation, the prohibitions split the extirpation. For example, it should not be used to be rubbed on anybody’s skin and in its proportions you shall not imitate it, and it is written, a person who would compound similarly, or who would put it on a stranger, will be extirpated from his people, that is two prohibitions and one extirpation. The prohibitions split the extirpation. Also from the following: Samuel bar Abba asked before Rebbi Ze`ura, should not well-being sacrifices, being treated separately, split all sancta regarding impurity? He told him, it was necessary that they be treated separately, to eliminate sancta destined for the upkeep of the Temple [regarding larceny], lest one be liable for them because of mushiness, leftovers, and impurity. But is that not a Mishnah? “All sancta destined for the altar combine with one another with respect to liability for mushiness, leftovers, and impurity,” in contrast to sancta destined for the upkeep of the Temple. Since they do not combine, they do (not) split. Rebbi Ḥanina said, what he really questioned, should they not split but combine ?

MISHNAH: A person having sexual relations with the mother is guilty because of mother and because of father’s wife. Rebbi Jehudah say, he is guilty only because of mother. A person having sexual relations with the father’s wife is guilty because of father’s wife and because of married woman, whether during his father’s lifetime or after his father’s death, whether preliminarily married or definitively married. A person having sexual relations with his daughter-in-law is guilty because of his daughter-in-law and because of a married woman, whether during his son’s lifetime or after his son’s death, whether preliminarily married or definitively married.

MISHNAH: A man who had sexual relations with a male or an animal, or a woman who brings an animal [upon herself]. If a human sinned, what did the animal sin? But because it caused a mishap to a human, therefore the verse decreed that it should be stoned. Another explanation: Lest the animal be seen in public and people say, this is the one because of which X was stoned.

MISHNAH: The blasphemer is not liable unless he explicitly use the Name. Rebbi Joshua ben Qorḥa said, during the trial one deals with the witnesses by substitute name, may Yose hit Yose. At the end of the proceedings one does not sentence him to death by substitute name but one dismisses the public, retains the most prestigious among them and says to him, tell us explicitly what you heard. He says it while the judges are standing; they tear their garments and never mend them. The second one says, also I [heard] like him; the third one says, also I [heard] like him.

MISHNAH: The worshipper of strange worship whether he worships, or sacrifices, or burns incense, or makes a libation, or prostrates himself; also one who accepts it as a god and says to it: you are my god. But one who embraces, or kisses, or sweeps clean, or sprinkles water; one who washes, rubs with oil, clothes, or puts shoes on it, violates a prohibition. He who makes a vow in its name or keeps one in its name violates a prohibition. One who defecates in front of Baal Pe`or follows its worship. One who throws a stone at a statue of Mercury follows its worship.

MISHNAH: One who gives any of his descendants to the Moloch is only guilty if he delivers him to the Moloch and makes him pass through fire. If he delivered him to the Moloch but did not make him pass through fire, or made him pass though fire but did not deliver him to the Moloch, is only guilty if he delivers him to the Moloch and makes him pass through fire. The necromancer is the Πύθων and one who speaks from his armpit. The medium speaks through his mouth. These are stoned but one who consults them is forewarned.