obligation

MISHNAH: The obligation of levirate is on the oldest [brother]. If he refuses, one goes to all the other brothers. If they refuse, one returns to the oldest and tells him, the obligation is yours, either give ḥalîṣah or marry in levirate.

MISHNAH: The obligation of levirate is on the oldest [brother]. If he refuses, one goes to all the other brothers. If they refuse, one returns to the oldest and tells him, the obligation is yours, either give ḥalîṣah or marry in levirate.

MISHNAH: If he made it dependent on a minor until he grows up, or on the oldest when he returns from overseas, or on a deaf-mute or on an insane [brother], one does not listen to him but tells him, the obligation is yours, either give ḥalîṣah or marry in levirate.

Rebbi Abba bar Mamal said, this means that there is an obligation first to give qiddushin and only after that to cohabit. Since here, where qiddushin are not written, you say “that is as it is commanded”, for a wife, where it is written, not so much more!

HALAKHAH: “If she performed ḥalîṣah with a sandal that was not his,” etc. Rebbi Eleazar says, a ram’s horn belonging to idolatry or to a “seduced city” is valid. Rebbi Ḥiyya stated, it is valid. Rebbi Hoshaia stated, it is invalid. Everybody agrees that such a palmbranch is invalid. What is the difference between a ram’s horn and a palmbranch? Rebbi Yose said, for a palmbranch it is written: “You shall take for yourselves,” from your own money. But here, “a day of horn blowing it shall be for you,” from any source. Rebbi Eleazar said, there he fulfills his obligation with the article itself, but here with its sound. Is any sound forbidden usufruct? Everybody agrees that a sandal from a “seduced city” is valid. For it is written “stripped of shoe,” from any source. Rebbi Mana said, as you say there, “a day of horn blowing it shall be for you,” from any source, so you say here, “stripped of shoe,” from any source.

MISHNAH: The commandment of ḥalîṣah: He and his sister-in-law come to the court of law and they give him appropriate counsel, as it is said: “The Elders of his city shall call him and speak to him”. She says: “My levir refuses to erect a name in Israel for his brother, my levir does not want;” and he says: “I do not desire to take her.” They have to speak in the holy language. “His sister-in-law comes to him before the Elders’ eyes, strips his shoe from his foot, and spits out before him,” spittle that is visible to the judges. She has to declare and say: “So should be done to a man who would not build his brother’s house.” Up to this sentence they were reading to them but when it was read for Rebbi Hyrkanos under the oak tree in Kefar Abus he finished the paragraph; they established to finish the entire paragraph, “his house shall be called in Israel the house of the one stripped of shoe.” The obligation is on the judges, not on the students. Rebbi Jehudah said, everyone present has the obligation to say,” the one stripped of shoe, the one stripped of shoe”.

MISHNAH: The commandment of ḥalîṣah: He and his sister-in-law come to the court of law and they give him appropriate counsel, as it is said: “The Elders of his city shall call him and speak to him”. She says: “My levir refuses to erect a name in Israel for his brother, my levir does not want;” and he says: “I do not desire to take her.” They have to speak in the holy language. “His sister-in-law comes to him before the Elders’ eyes, strips his shoe from his foot, and spits out before him,” spittle that is visible to the judges. She has to declare and say: “So should be done to a man who would not build his brother’s house.” Up to this sentence they were reading to them but when it was read for Rebbi Hyrkanos under the oak tree in Kefar Abus he finished the paragraph; they established to finish the entire paragraph, “his house shall be called in Israel the house of the one stripped of shoe.” The obligation is on the judges, not on the students. Rebbi Jehudah said, everyone present has the obligation to say,” the one stripped of shoe, the one stripped of shoe”.

HALAKHAH: “If a man declares his jealousy to his wife,” etc. It is written: “A spirit of jealousy overcame him and he declared his jealousy to his wife;” this implies that he should not declare his jealousy jokingly, or in the middle of a conversation, or lightly, or in a friendly manner but in a way that inspires fear. If he transgressed and declared his jealousy in one of the aforementioned ways: was this said as an obligation or as a necessity? If you say as an obligation, his declaration of jealousy is valid. If you say as a necessity, his declaration of jealousy is invalid. This is resolved referring to the statement: Anywhere “law” or “teaching” is mentioned, it is an absolute necessity.

HALAKHAH: “If a man declares his jealousy to his wife,” etc. It is written: “A spirit of jealousy overcame him and he declared his jealousy to his wife;” this implies that he should not declare his jealousy jokingly, or in the middle of a conversation, or lightly, or in a friendly manner but in a way that inspires fear. If he transgressed and declared his jealousy in one of the aforementioned ways: was this said as an obligation or as a necessity? If you say as an obligation, his declaration of jealousy is valid. If you say as a necessity, his declaration of jealousy is invalid. This is resolved referring to the statement: Anywhere “law” or “teaching” is mentioned, it is an absolute necessity.

“And the recitation of the Šema‘.” For it is written: “You shall talk about them.” Rebbi says, I say that the Šema‘ is recited only in the holy language. What is the reason? “The words shall be”. Rebbi Levi bar Ḥaita went to Caesarea. He heard their voices when they were reading the Šema‘ in Hellenistic manner. He wanted to hinder them, but Rebbi Yose heard of it and was offended. He said, do I say that someone who does not know to read Assyrian letters should not recite it at all? But he fulfills his duty in any language he knows. Rebbi Berekhiah objected: But there is the Esther scroll, where somebody who knows to read both Asssyrian script and Greek can fulfill his obligation only from Assyrian script. Rebbi Mana said: About the Esther scroll, somebody who knows to read both Asssyrian script and Greek can fulfill his obligation only from Assyrian script; Greek only, he fulfills his obligation in Greek; and so he can fulfill his obligation in any language he understands.

“And the recitation of the Šema‘.” For it is written: “You shall talk about them.” Rebbi says, I say that the Šema‘ is recited only in the holy language. What is the reason? “The words shall be”. Rebbi Levi bar Ḥaita went to Caesarea. He heard their voices when they were reading the Šema‘ in Hellenistic manner. He wanted to hinder them, but Rebbi Yose heard of it and was offended. He said, do I say that someone who does not know to read Assyrian letters should not recite it at all? But he fulfills his duty in any language he knows. Rebbi Berekhiah objected: But there is the Esther scroll, where somebody who knows to read both Asssyrian script and Greek can fulfill his obligation only from Assyrian script. Rebbi Mana said: About the Esther scroll, somebody who knows to read both Asssyrian script and Greek can fulfill his obligation only from Assyrian script; Greek only, he fulfills his obligation in Greek; and so he can fulfill his obligation in any language he understands.

“And the recitation of the Šema‘.” For it is written: “You shall talk about them.” Rebbi says, I say that the Šema‘ is recited only in the holy language. What is the reason? “The words shall be”. Rebbi Levi bar Ḥaita went to Caesarea. He heard their voices when they were reading the Šema‘ in Hellenistic manner. He wanted to hinder them, but Rebbi Yose heard of it and was offended. He said, do I say that someone who does not know to read Assyrian letters should not recite it at all? But he fulfills his duty in any language he knows. Rebbi Berekhiah objected: But there is the Esther scroll, where somebody who knows to read both Asssyrian script and Greek can fulfill his obligation only from Assyrian script. Rebbi Mana said: About the Esther scroll, somebody who knows to read both Asssyrian script and Greek can fulfill his obligation only from Assyrian script; Greek only, he fulfills his obligation in Greek; and so he can fulfill his obligation in any language he understands.

“And the recitation of the Šema‘.” For it is written: “You shall talk about them.” Rebbi says, I say that the Šema‘ is recited only in the holy language. What is the reason? “The words shall be”. Rebbi Levi bar Ḥaita went to Caesarea. He heard their voices when they were reading the Šema‘ in Hellenistic manner. He wanted to hinder them, but Rebbi Yose heard of it and was offended. He said, do I say that someone who does not know to read Assyrian letters should not recite it at all? But he fulfills his duty in any language he knows. Rebbi Berekhiah objected: But there is the Esther scroll, where somebody who knows to read both Asssyrian script and Greek can fulfill his obligation only from Assyrian script. Rebbi Mana said: About the Esther scroll, somebody who knows to read both Asssyrian script and Greek can fulfill his obligation only from Assyrian script; Greek only, he fulfills his obligation in Greek; and so he can fulfill his obligation in any language he understands.

HALAKHAH: “Who built a house”, not only who built; if he bought, inherited, or it was given to him as a gift, from where? The verse says, “the man,” “who is the man”. From where he who builds a barn, a cow-shed, a wood-shed, a storage facility, from where? The verse says, “who builds”. I could think that one who builds a portico, a covered walkway, and a verandah would return; the verse says “house”; the house is distinguished by the fact that it can be used as a dwelling. This excludes those items which cannot be dwellings. It also excludes a house which does not enclose four by four cubits. As it was stated: A house which does not enclose four by four cubits is free from the obligation of a parapet, or a mezuzah, or an erub. It also does not induce ṭevel for tithes and one does not give it four cubits in front of its door, and it is not counted as a connection to the town, and one who forswears any use of a house is permitted to sit in it, and it does not remain with the buyer in the Jubilee year, and it cannot become impure by disease, and its owner does not become exempt from the war because of it.

Why does the verse say, “who built”? This excludes him whose house collapsed and he rebuilt it. (Rebbi Yose said, this implies that one who remarries his divorcee does not return.) One could think that somebody who builds a house outside the Land would return; the verse said, “and he did not inaugurate it,” meaning where there is an obligation of inauguration; this excludes cases where there is no obligation of inauguration. If he received prepaid rent, it is as if he inaugurated it; if [the rent is payable] only after twelve months, it is as if he had not inaugurated it. If he locked it, if it contains valuables for which one usually stops working, it is as if he inaugurated it; otherwise, it is as if he had not inaugurated it.

Why does the verse say, “who built”? This excludes him whose house collapsed and he rebuilt it. (Rebbi Yose said, this implies that one who remarries his divorcee does not return.) One could think that somebody who builds a house outside the Land would return; the verse said, “and he did not inaugurate it,” meaning where there is an obligation of inauguration; this excludes cases where there is no obligation of inauguration. If he received prepaid rent, it is as if he inaugurated it; if [the rent is payable] only after twelve months, it is as if he had not inaugurated it. If he locked it, if it contains valuables for which one usually stops working, it is as if he inaugurated it; otherwise, it is as if he had not inaugurated it.

HALAKHAH: “Who became betrothed”. Not only a young man who married a young woman. From where even a young man who married a widow, a widower who married a young woman, a widower who married a widow? From where? The verse says, “a woman”, of any kind. Why does the verse say, “new”? That excludes him who remarries his divorcee. Rebbi Yose said, this implies that one who marries a sheram does not return since he has no religious obligation to live with her.

MISHNAH: “When the policemen finish to speak to the people, the officers will have taken up position at the head of the people.” Behind the people one puts up people with backups armed with iron axes and they have permission to break the legs of anyone who desires to abandon his post since flight is the start of falling, as it is said: “Israel fled from before the Philistines and a great plague was among the people.” Further on it says, “the men of Israel fled from before the Philistines and slain fell on Mount Gilboa.” About what have these things be said? About a war of choice, but in a war of obligation everybody goes out, even a groom from his room and a bride from her bridal chamber. Rebbi Jehudah said, about what have these things been said? About a war of obligation, but in a war of duty everybody goes out, even a groom from his room and a bride from her bridal chamber.

MISHNAH: “When the policemen finish to speak to the people, the officers will have taken up position at the head of the people.” Behind the people one puts up people with backups armed with iron axes and they have permission to break the legs of anyone who desires to abandon his post since flight is the start of falling, as it is said: “Israel fled from before the Philistines and a great plague was among the people.” Further on it says, “the men of Israel fled from before the Philistines and slain fell on Mount Gilboa.” About what have these things be said? About a war of choice, but in a war of obligation everybody goes out, even a groom from his room and a bride from her bridal chamber. Rebbi Jehudah said, about what have these things been said? About a war of obligation, but in a war of duty everybody goes out, even a groom from his room and a bride from her bridal chamber.

Rebbi Joḥanan said, usage is between them; Rebbi Jehudah called a war of choice a war of obligation. “But in a war of duty everybody goes out, even a groom from his room and a bride from her bridal chamber.” Rav Ḥisda said, they disagree. The rabbis say, a war of obligation was the war of David. A war of duty was the war of Joshua. Rebbi Jehudah called it a war of obligation if we went out against them; a war of duty if they attacked us. It is written: “King Asa proclaimed in all of Jehudah, nobody is free”. What means “nobody is free”? Rebbi Simon and the rabbis. Rebbi Simon said, nobody is free to return home even for one hour. But the rabbis say, there is no exemption for a scholar, son of a scholar.

Rebbi Joḥanan said, usage is between them; Rebbi Jehudah called a war of choice a war of obligation. “But in a war of duty everybody goes out, even a groom from his room and a bride from her bridal chamber.” Rav Ḥisda said, they disagree. The rabbis say, a war of obligation was the war of David. A war of duty was the war of Joshua. Rebbi Jehudah called it a war of obligation if we went out against them; a war of duty if they attacked us. It is written: “King Asa proclaimed in all of Jehudah, nobody is free”. What means “nobody is free”? Rebbi Simon and the rabbis. Rebbi Simon said, nobody is free to return home even for one hour. But the rabbis say, there is no exemption for a scholar, son of a scholar.

Rebbi Joḥanan said, usage is between them; Rebbi Jehudah called a war of choice a war of obligation. “But in a war of duty everybody goes out, even a groom from his room and a bride from her bridal chamber.” Rav Ḥisda said, they disagree. The rabbis say, a war of obligation was the war of David. A war of duty was the war of Joshua. Rebbi Jehudah called it a war of obligation if we went out against them; a war of duty if they attacked us. It is written: “King Asa proclaimed in all of Jehudah, nobody is free”. What means “nobody is free”? Rebbi Simon and the rabbis. Rebbi Simon said, nobody is free to return home even for one hour. But the rabbis say, there is no exemption for a scholar, son of a scholar.

Rebbi Yose ben Rebbi Ḥanina said, a man who rapes or seduces an orphan girl does not have to pay. Rebbi Abba bar Mamai said, that is a disagreement, it follows Rebbi Yose the Galilean. But following Rebbi Aqiba she can claim the fine and the fine becomes her property. Rebbi Yose said, the Mishnah said “at less than three years and one day of age,” and is she not like an orphan? And did we not state: “Because he raped her,” that includes an orphan for a fine, the words of Rebbi Yose the Galilean? Rebbi Aḥai said, explain it that he had intercourse with her when her father was alive; when her father died, he already had the obligation to give to her father.

Rebbi Ḥinena said before Rebbi Mana: Even if Rebbi Simeon ben Laqish thought the entire Mishnaiot were Rebbi Meïr’s, does the verse agree with Rebbi Meïr? Is it not written (Lev. 22:14): “If a person ate consecrated food in error”? But Rebbi Simeon ben Laqish must hold that the fifth is a sacrifice. But even if he holds that the fifth is a sacrifice, can the principal be a sacrifice? Rebbi Yudan bar Shalom said, the Mishnah declares that the principal is a fine, as we have stated: “He does not pay in heave but in totally profane food which is turned into heave.” If he had to pay from what he ate, it would be fine. And it was stated: “If he ate impure heave, he has to pay in pure profane food, but if he paid in impure profane, he discharged his obligation.” Does he not owe him the price of wood? That shows that the principal is a fine and since the principal is a fine, the fifth also is a fine. But Rebbi Simeon ben Laqish follows his own opinion. Just as Rebbi Simeon ben Laqish said, there, everybody was under the obligation of (Ex. 20:16) “Do not become a false witness against your neighbor”, but this one was treated separately, (Deut. 19:19) “do to him what he intended to do to his brother”, to pay money; also here, everybody was under the obligation of (Lev. 22:10) “no outsider shall eat holy [food],” but this one was treated separately, (Lev. 22:14) “if somebody should eat holy [food] in error,” to pay money.

Rebbi Ḥinena said before Rebbi Mana: Even if Rebbi Simeon ben Laqish thought the entire Mishnaiot were Rebbi Meïr’s, does the verse agree with Rebbi Meïr? Is it not written (Lev. 22:14): “If a person ate consecrated food in error”? But Rebbi Simeon ben Laqish must hold that the fifth is a sacrifice. But even if he holds that the fifth is a sacrifice, can the principal be a sacrifice? Rebbi Yudan bar Shalom said, the Mishnah declares that the principal is a fine, as we have stated: “He does not pay in heave but in totally profane food which is turned into heave.” If he had to pay from what he ate, it would be fine. And it was stated: “If he ate impure heave, he has to pay in pure profane food, but if he paid in impure profane, he discharged his obligation.” Does he not owe him the price of wood? That shows that the principal is a fine and since the principal is a fine, the fifth also is a fine. But Rebbi Simeon ben Laqish follows his own opinion. Just as Rebbi Simeon ben Laqish said, there, everybody was under the obligation of (Ex. 20:16) “Do not become a false witness against your neighbor”, but this one was treated separately, (Deut. 19:19) “do to him what he intended to do to his brother”, to pay money; also here, everybody was under the obligation of (Lev. 22:10) “no outsider shall eat holy [food],” but this one was treated separately, (Lev. 22:14) “if somebody should eat holy [food] in error,” to pay money.

Rebbi Ḥinena said before Rebbi Mana: Even if Rebbi Simeon ben Laqish thought the entire Mishnaiot were Rebbi Meïr’s, does the verse agree with Rebbi Meïr? Is it not written (Lev. 22:14): “If a person ate consecrated food in error”? But Rebbi Simeon ben Laqish must hold that the fifth is a sacrifice. But even if he holds that the fifth is a sacrifice, can the principal be a sacrifice? Rebbi Yudan bar Shalom said, the Mishnah declares that the principal is a fine, as we have stated: “He does not pay in heave but in totally profane food which is turned into heave.” If he had to pay from what he ate, it would be fine. And it was stated: “If he ate impure heave, he has to pay in pure profane food, but if he paid in impure profane, he discharged his obligation.” Does he not owe him the price of wood? That shows that the principal is a fine and since the principal is a fine, the fifth also is a fine. But Rebbi Simeon ben Laqish follows his own opinion. Just as Rebbi Simeon ben Laqish said, there, everybody was under the obligation of (Ex. 20:16) “Do not become a false witness against your neighbor”, but this one was treated separately, (Deut. 19:19) “do to him what he intended to do to his brother”, to pay money; also here, everybody was under the obligation of (Lev. 22:10) “no outsider shall eat holy [food],” but this one was treated separately, (Lev. 22:14) “if somebody should eat holy [food] in error,” to pay money.

“The seducer only if he divorces her,” etc. Rav Ḥisda said, if he does not want to keep her. But if he decides to keep her, he does not give anything. Rebbi Ismael stated: “He should weigh silver appropriate for the bride-price of virgins”, which indicates that his obligation is for him that of bride-price, and bride-price is the ketubah; as it also says “add for me much bride-price and gifts.”

HALAKHAH: “If somebody gives his daughter in preliminary marriage,” etc. Rebbi Abun bar Ḥiyya said, the reason of Rebbi Jehudah is to encourage a man to give an ample dowry to his daughter. Rebbi Jacob bar Aḥa in the name of Rebbi Isaac: Rebbi (Meïr) learned from the calumniator. Did not Rebbi Ḥiyya state: If she whored while in her father’s house and he calumniated her after she became an adult, he is not flogged nor does he pay 100 tetradrachmas but either she or the false witnesses are executed by stoning? Rebbi Mana asked before Rebbi Yose: Think of it, if he calumniated her when she was an adolescent and now she is an adult? He said to him, we heard that he pays to her father. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how could the rabbis compare a ketubah to a fine when they are not comparable! For the ketubah is an obligation from the first hour but the fine is only at the end; and you say so? He said to him, who says that to you? Even the [obligation of the] fine is from the first moment. It turns out that Rebbi Mana is like Rebbi Jeremiah and (like Rebbi Yose ben Ze‘ira).

HALAKHAH: “If somebody gives his daughter in preliminary marriage,” etc. Rebbi Abun bar Ḥiyya said, the reason of Rebbi Jehudah is to encourage a man to give an ample dowry to his daughter. Rebbi Jacob bar Aḥa in the name of Rebbi Isaac: Rebbi (Meïr) learned from the calumniator. Did not Rebbi Ḥiyya state: If she whored while in her father’s house and he calumniated her after she became an adult, he is not flogged nor does he pay 100 tetradrachmas but either she or the false witnesses are executed by stoning? Rebbi Mana asked before Rebbi Yose: Think of it, if he calumniated her when she was an adolescent and now she is an adult? He said to him, we heard that he pays to her father. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how could the rabbis compare a ketubah to a fine when they are not comparable! For the ketubah is an obligation from the first hour but the fine is only at the end; and you say so? He said to him, who says that to you? Even the [obligation of the] fine is from the first moment. It turns out that Rebbi Mana is like Rebbi Jeremiah and (like Rebbi Yose ben Ze‘ira).

“I took”, that excludes assignations. Rebbi Jonah said, even following him who says that the money from the start was given for assignation. “I took”, to exclude the one waiting for her levir; not only for the earlier teachings that the obligation of the levirate precedes that of ḥalîṣah, but even according to the later teachings that the obligation of ḥalîṣah precedes the obligation of levirate. “I took”, to exclude the preliminarily married one.

“I took”, that excludes assignations. Rebbi Jonah said, even following him who says that the money from the start was given for assignation. “I took”, to exclude the one waiting for her levir; not only for the earlier teachings that the obligation of the levirate precedes that of ḥalîṣah, but even according to the later teachings that the obligation of ḥalîṣah precedes the obligation of levirate. “I took”, to exclude the preliminarily married one.

“I took”, that excludes assignations. Rebbi Jonah said, even following him who says that the money from the start was given for assignation. “I took”, to exclude the one waiting for her levir; not only for the earlier teachings that the obligation of the levirate precedes that of ḥalîṣah, but even according to the later teachings that the obligation of ḥalîṣah precedes the obligation of levirate. “I took”, to exclude the preliminarily married one.

”The period mentioned in the Torah.” Some Tannaïm state: שְׁאֵר that is intercourse; עוֹנָה that is food. Some Tannaïm state: עוֹנָה that is intercourse; שְׁאֵר that is food. He who said שְׁאֵר is intercourse: “No person to the שְׁאֵר of his flesh;” עוֹנָה is food: “He fed you and made you hunger”. He who said שְׁאֵר is food: “He let rain on them שְׁאֵר like dust”; עוֹנָה that is intercourse, “that you should not deprive my daughters,” that refers to intercourse. Rebbi Eliezer ben Jacob explains the verse, “her flesh her garment”, that her garment should fit her flesh, that he should not give a young woman clothes of an old woman nor an old woman clothes of a young one. “Her garment her season”, that he should not give summer clothing for the rainy season nor that for the rainy season in summer. From where does he get food? Since he is not permitted to withhold from her things that are not necessities of life, not so much more things that are necessities of life! From where does he get the obligation of periodic intercourse? Since he may not withhold from her things which do not constitute the main reason for marriage, so certainly he may not withhold the things which constitute the main reason for marriage!

MISHNAH: If somebody performed the preliminary marriage with a woman on condition that she had no obligation of vows on her and it turned out that she had vows to fulfill, she is not preliminarily married. If he married her definitively without inquiry and she had vows to fulfill, she should leave without ketubah. If somebody performed the preliminary marriage with a woman on condition that she had no bodily defects and it turned out that she had bodily defects, she is not preliminarily married. If he married her definitively without inquiry and she had bodily defects, she should leave without ketubah; and all defects which disqualify a priest disqualify a woman. If she had bodily defects, as long as she is in her father’s house, the father has to prove that the defects developed after she was preliminarily married and his field was swamped; once she entered her husband’s domain, the husband has to prove that she had the defects before the preliminary wedding so that his acquisition was in error, the words of Rebbi Meïr. But the Sages say, when was this said? For hidden defects, but he has no claim about visible defects, and if there is a public bathhouse in his town he has no claim for hidden defects since he checks her out through his female relatives.

HALAKHAH: “If somebody performed the preliminary marriage with a woman on condition that she had no obligation of vows on her,” etc. “If she had bodily defects, as long as she is in her father’s house,” etc. We have stated defects. Which vows? Rebbi Joḥanan said in the name of Rebbi Simeon ben Yoṣadaq: If she vowed not to eat, or not to drink wine, or not to wear dyed garments. Rebbi Ze‘ira said, the fine linen garments which come from Bet She‘an have the status of dyed garments. Rebbi Yose said, the Mishnah deals with the case that he said to her, “on condition that you have no obligation of vows on you.” But if he said, “on condition that you have no obligation of any vow on you,” then even if she made a vow not to eat carob fruit it is a vow.

HALAKHAH: “If somebody performed the preliminary marriage with a woman on condition that she had no obligation of vows on her,” etc. “If she had bodily defects, as long as she is in her father’s house,” etc. We have stated defects. Which vows? Rebbi Joḥanan said in the name of Rebbi Simeon ben Yoṣadaq: If she vowed not to eat, or not to drink wine, or not to wear dyed garments. Rebbi Ze‘ira said, the fine linen garments which come from Bet She‘an have the status of dyed garments. Rebbi Yose said, the Mishnah deals with the case that he said to her, “on condition that you have no obligation of vows on you.” But if he said, “on condition that you have no obligation of any vow on you,” then even if she made a vow not to eat carob fruit it is a vow.

HALAKHAH: “If somebody performed the preliminary marriage with a woman on condition that she had no obligation of vows on her,” etc. “If she had bodily defects, as long as she is in her father’s house,” etc. We have stated defects. Which vows? Rebbi Joḥanan said in the name of Rebbi Simeon ben Yoṣadaq: If she vowed not to eat, or not to drink wine, or not to wear dyed garments. Rebbi Ze‘ira said, the fine linen garments which come from Bet She‘an have the status of dyed garments. Rebbi Yose said, the Mishnah deals with the case that he said to her, “on condition that you have no obligation of vows on you.” But if he said, “on condition that you have no obligation of any vow on you,” then even if she made a vow not to eat carob fruit it is a vow.

If a father became obligated to swear in court and died, his son cannot collect. If it were otherwise, what could we say? Can a man let his son inherit an obligation to swear? Rebbi Avin said, you mean, if a man compromised his document in court, his son cannot collect. Rav Ḥisda asked: Because he walked those two steps, he loses? If he compromised it outside the court, he collects. Because he compromised it in court, he cannot collect?

MISHNAH: The following vows are permitted: Profane I would eat with you; like pork, like idolatry, like carcasses, like meat from a torn animal, like abominations, like crawling things, like Aaron’s ḥallah and his heave, are permitted. One who says to his wife, you are for me like my mother, one finds for him an opening from another place that he should not be flippant about this. A qônām that I shall not sleep, that I shall not speak, that I shall not walk, or one who says to his wife, a qônām that I shall not sleep with you, he is under the obligation “he shall not profanate his word.” An oath that I shall not sleep, that I shall not speak, that I shall not walk, he is forbidden.

Because Moses was lazy for circumcision, the angel tried to kill kim. That is what is written: “The Eternal met him and wanted to kill him.” Rebbi Yose said, far be the thought that Moses was lazy for circumcision but he argued on his own: To perform circumcision and leave would be dangerous. To wait, the Holy One, praise to Him, told him: “Go, return to Egypt.” But because he was lazy in preparing for the overnight stay before circumcision; that is what is written: “It was on the way, at the overnight stay.” Rabban Simeon ben Gamliel said, far be the thought that the angel wanted to kill Moses; it was the baby. Come and see, who is called ḥātān? Moses or the baby? There are Tannaïm who state that Moses is called ḥātān. There are Tannaïm who state that the baby is called ḥātān. He who said that Moses is called ḥātān: Ḥātān, blood is required from you. And he said that the baby is called ḥātān: Ḥātān, in blood you are preserved for me. “Ṣippora took a flintstone and cut her son’s prepuce and touched his feet.” Rebbi Jehudah, Rebbi Neḥemiah, and the rabbis. One said, Moses’s feet. Another said, the angel’s feet. Another said, the baby’s feet. He who said Moses’s feet: Here I cut your obligation for you. He who said, the angel’s feet: Here your mission was accomplished. He who said the baby’s feet, she touched the baby’s body. “He left off from him; then she said, a blood ḥātān for circumcisions.” From here that there are two circumcisions; one for baring the gland and one for the fibers.

HALAKHAH: “ ‘Until the rains,’ ” etc. Rebbi Ze‘ira asked: If one said ‘until the rain’, is he forbidden until another rainfall came down? There, we have stated: “One who said, I take upon me [the obligation to bring] wood, should not bring less that two cut logs.” Rebbi Yose the important said that Rebbi Abba bar Mamai asked, if he said, I take upon me [the obligation to bring] to bring wood, does he bring one cut log? Rebbi Eleazar said, a Mishnah explains that each one is a separate sacrifice, as we have stated there: “Two in whose hands are two cut logs.” In order to increase the number of logs.

HALAKHAH: “ ‘Until the rains,’ ” etc. Rebbi Ze‘ira asked: If one said ‘until the rain’, is he forbidden until another rainfall came down? There, we have stated: “One who said, I take upon me [the obligation to bring] wood, should not bring less that two cut logs.” Rebbi Yose the important said that Rebbi Abba bar Mamai asked, if he said, I take upon me [the obligation to bring] to bring wood, does he bring one cut log? Rebbi Eleazar said, a Mishnah explains that each one is a separate sacrifice, as we have stated there: “Two in whose hands are two cut logs.” In order to increase the number of logs.

“I shall be like this one”; Rebbi Yose bar Ḥanina said, if he grabs [a nazir’s] hair and says, “I shall be like this one.” “I shall tend my hair, I shall groom my hair”. If he says, I shall be of those who have to tend or grow their hair. “I shall tend my hair and I shall groom my hair”, if he says I shall neither tend nor grow my hair for less than thirty [days], he means thirty. “It shall be my obligation neither to tend nor to grow my hair,” if he says, it shall be my obligation neither to tend nor to grow my hair more than thirty [days], he means thirty. “I shall be obligated to grow my hair”, means “I shall tend my hair, I shall groom my hair”. Or “It shall be my obligation neither to tend nor to groom my hair, but to let it grow wildly.”

“I shall be like this one”; Rebbi Yose bar Ḥanina said, if he grabs [a nazir’s] hair and says, “I shall be like this one.” “I shall tend my hair, I shall groom my hair”. If he says, I shall be of those who have to tend or grow their hair. “I shall tend my hair and I shall groom my hair”, if he says I shall neither tend nor grow my hair for less than thirty [days], he means thirty. “It shall be my obligation neither to tend nor to grow my hair,” if he says, it shall be my obligation neither to tend nor to grow my hair more than thirty [days], he means thirty. “I shall be obligated to grow my hair”, means “I shall tend my hair, I shall groom my hair”. Or “It shall be my obligation neither to tend nor to groom my hair, but to let it grow wildly.”

“I shall be like this one”; Rebbi Yose bar Ḥanina said, if he grabs [a nazir’s] hair and says, “I shall be like this one.” “I shall tend my hair, I shall groom my hair”. If he says, I shall be of those who have to tend or grow their hair. “I shall tend my hair and I shall groom my hair”, if he says I shall neither tend nor grow my hair for less than thirty [days], he means thirty. “It shall be my obligation neither to tend nor to grow my hair,” if he says, it shall be my obligation neither to tend nor to grow my hair more than thirty [days], he means thirty. “I shall be obligated to grow my hair”, means “I shall tend my hair, I shall groom my hair”. Or “It shall be my obligation neither to tend nor to groom my hair, but to let it grow wildly.”

HALAKHAH: “An unspecified nezirut is for thirty days,” etc. Bar Qappara said “ιʼεʼιʼεʼ” is thirty. Rebbi Samuel bar Rav Naḥman in the name of Rebbi Jonathan: Corresponding to the 29 times that in the Chapter about the nazir in the Torah is written “vow, nazir, to vow as nazir”. Are they not 30? Rebbi Yose ben Rebbi Abun said, one has to be removed for its definition. In the opinion of Bar Qappara, if he shaved on the 30th day, he did not fulfill his obligation. In the opinion of Rebbi Joḥanan, if he shaved on the 30th day, he fulfilled his obligation. Some want to understand it from here: “To let his head’s hair grow wildly.” How much is a hair growth? 30 days. Some want to understand it from here: “She shall cry for her father and her mother the days of a month.” Since “days” mentioned there are 30, so also “days” mentioned here. Some want to understand it from here: “The prior days shall fall, for his nezirut is impure.” The days which became permitted, which Moses and his court had permitted, and that is no less than 30 days. Some want to understand it from here: “Until the days are fulfilled”. How much are full days? 30 days. Then if he shaved on the 30th day, he did not fulfill his obligation! Rebbi Isaac bar Eleazar said, “days” are written defectively יָמִם, with a letter י missing.

HALAKHAH: “An unspecified nezirut is for thirty days,” etc. Bar Qappara said “ιʼεʼιʼεʼ” is thirty. Rebbi Samuel bar Rav Naḥman in the name of Rebbi Jonathan: Corresponding to the 29 times that in the Chapter about the nazir in the Torah is written “vow, nazir, to vow as nazir”. Are they not 30? Rebbi Yose ben Rebbi Abun said, one has to be removed for its definition. In the opinion of Bar Qappara, if he shaved on the 30th day, he did not fulfill his obligation. In the opinion of Rebbi Joḥanan, if he shaved on the 30th day, he fulfilled his obligation. Some want to understand it from here: “To let his head’s hair grow wildly.” How much is a hair growth? 30 days. Some want to understand it from here: “She shall cry for her father and her mother the days of a month.” Since “days” mentioned there are 30, so also “days” mentioned here. Some want to understand it from here: “The prior days shall fall, for his nezirut is impure.” The days which became permitted, which Moses and his court had permitted, and that is no less than 30 days. Some want to understand it from here: “Until the days are fulfilled”. How much are full days? 30 days. Then if he shaved on the 30th day, he did not fulfill his obligation! Rebbi Isaac bar Eleazar said, “days” are written defectively יָמִם, with a letter י missing.

HALAKHAH: “An unspecified nezirut is for thirty days,” etc. Bar Qappara said “ιʼεʼιʼεʼ” is thirty. Rebbi Samuel bar Rav Naḥman in the name of Rebbi Jonathan: Corresponding to the 29 times that in the Chapter about the nazir in the Torah is written “vow, nazir, to vow as nazir”. Are they not 30? Rebbi Yose ben Rebbi Abun said, one has to be removed for its definition. In the opinion of Bar Qappara, if he shaved on the 30th day, he did not fulfill his obligation. In the opinion of Rebbi Joḥanan, if he shaved on the 30th day, he fulfilled his obligation. Some want to understand it from here: “To let his head’s hair grow wildly.” How much is a hair growth? 30 days. Some want to understand it from here: “She shall cry for her father and her mother the days of a month.” Since “days” mentioned there are 30, so also “days” mentioned here. Some want to understand it from here: “The prior days shall fall, for his nezirut is impure.” The days which became permitted, which Moses and his court had permitted, and that is no less than 30 days. Some want to understand it from here: “Until the days are fulfilled”. How much are full days? 30 days. Then if he shaved on the 30th day, he did not fulfill his obligation! Rebbi Isaac bar Eleazar said, “days” are written defectively יָמִם, with a letter י missing.

HALAKHAH: “I shall be a nazir [abstaining] from dried figs and fig cake,” etc. Rebbi Joḥanan said, the reason of the House of Shammai: because he mentioned the state of nazir. Rebbi Simeon ben Laqish said, because of substitutes of substitutes. Rebbi Jehudah ben Pazi said, a verse supports Rebbi Simeon ben Laqish: “So says the Eternal, as cider is found in the grape bunch, etc.” The Torah called a grape bunch “cider”. And people call a dried fig cider, because of substitutes of substitutes. What is the difference between them? If he said, “I shall be a nazir[abstaining] from dried figs and fig cake.” In Rebbi Joḥanan’s opinion he is a nazir, in Rebbi Simeon’s opinion he is not a nazir. “I shall be a nazir[abstaining] from a loaf of bread,” in Rebbi Joḥanan’s opinion he is a nazir, in Rebbi Simeon ben Laqish’s opinion he is not a nazir. “From a loaf of bread,” he did not say anything. Rebbi Uqba asked before Rebbi Mana: The opinion of Rebbi Simeon ben Laqish seems to be inverted, as we have stated there: “ ‘I take upon myself the obligation to bring a flour offering from barley.’ He shall bring from wheat.” And Rebbi Abbahu said in the name of Rebbi Simeon ben Laqish, because he mentioned “flour offering.” And here, he says so? He accepts one and he accepts the other. He accepts because he mentioned the state of nazir, and he accepts because of substitutes of substitutes. You should know that it is so since we have stated: “If he said, the cow said.” She did not say anything; it is because he mentioned the state of nazir, and here he mentioned the state of nazir.

HALAKHAH: “I shall be a nazir and obligate myself to shave a nazir,” etc. This “I also”, what do you subsume under it? Does “I also” refer to the entire sentence, or does “I also” only refer to part of the sentence? If “I also” refers to the entire sentence, he says “I also am a nazir.” If “I also” only refers to part of the sentence, he said “I am a nazir.” It was stated in the House of Rebbi: “ ‘I also’ refers to the entire sentence.” Rebbi Yose said, this implies that if some person said, I am a nazir for 100 days, and another person heard him and said, “I also”; the first one is a nazir for 100 days, the other is a nazir for 30 days unless he says, “I am like him, I am the same as he is.” Rebbi Ḥiyya stated: “I am obligated to shave half [a nazir]. Then he said, I am a nazir. If he shaved after 30 days he has fulfilled his obligation.” Rebbi Yose said, the Mishnah implies this: “ ‘I shall be a nazir and obligate myself to shave a nazir,’ if another heard him and said: ‘I also shall be and I obligate myself to shave another nazir,’ if they are clever, they will shave one another.” But not themselves. Because he said, “I shall be a nazir and obligate myself to shave a nazir”. But if he said, “I obligate myself to shave half a nazir” and then he said, “I shall be a nazir,” if he shaved himself he has acquitted himself of his obligation. One understands that the second one can shave the first, but can the first shave the second? Rebbi Yose in the name of Rebbi Ze‘ira: This means that a person can take upon himself the sacrifice of a nazir who only in the future will make his vow. Rebbi Ḥinena in the name of Rebbi Ze‘ira inferred three [statements]: It implies that if he shaved himself he acquitted himself. It implies that a person obligates himself for another’s nezirut sacrifices of a future vow. It implies that a person chooses another’s nezirut sacrifices without the other’s knowledge. But he cannot dedicate [the animals] without the other’s knowledge.

HALAKHAH: “I shall be a nazir and obligate myself to shave a nazir,” etc. This “I also”, what do you subsume under it? Does “I also” refer to the entire sentence, or does “I also” only refer to part of the sentence? If “I also” refers to the entire sentence, he says “I also am a nazir.” If “I also” only refers to part of the sentence, he said “I am a nazir.” It was stated in the House of Rebbi: “ ‘I also’ refers to the entire sentence.” Rebbi Yose said, this implies that if some person said, I am a nazir for 100 days, and another person heard him and said, “I also”; the first one is a nazir for 100 days, the other is a nazir for 30 days unless he says, “I am like him, I am the same as he is.” Rebbi Ḥiyya stated: “I am obligated to shave half [a nazir]. Then he said, I am a nazir. If he shaved after 30 days he has fulfilled his obligation.” Rebbi Yose said, the Mishnah implies this: “ ‘I shall be a nazir and obligate myself to shave a nazir,’ if another heard him and said: ‘I also shall be and I obligate myself to shave another nazir,’ if they are clever, they will shave one another.” But not themselves. Because he said, “I shall be a nazir and obligate myself to shave a nazir”. But if he said, “I obligate myself to shave half a nazir” and then he said, “I shall be a nazir,” if he shaved himself he has acquitted himself of his obligation. One understands that the second one can shave the first, but can the first shave the second? Rebbi Yose in the name of Rebbi Ze‘ira: This means that a person can take upon himself the sacrifice of a nazir who only in the future will make his vow. Rebbi Ḥinena in the name of Rebbi Ze‘ira inferred three [statements]: It implies that if he shaved himself he acquitted himself. It implies that a person obligates himself for another’s nezirut sacrifices of a future vow. It implies that a person chooses another’s nezirut sacrifices without the other’s knowledge. But he cannot dedicate [the animals] without the other’s knowledge.

HALAKHAH: “I am taking upon myself to shave half a nazir,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan and Rav Ḥisda both say that they disagree if it was not spelled out. What are we dealing with? If he said, every half head, everybody agrees that he completely shaves a nazir. If he says, half of the obligation, everybody agrees that he shaves half a nazir. But we are dealing with the case that he says: “half”. Rebbi Meïr says, as if he said half a head, but the rabbis said, as if he said, half of the obligation. Rebbi Yudan said, it turns our that leniency is a restriction. In the opinion of Rebbi Meïr who said, as if he had said half a head, he brings one sacrifice since the nazir can shave on one sacrifice. In the opinion of the rabbis who said, half of the obligation, he has to pay for a sacrifice and a half, half of the obligation of a person.

HALAKHAH: “I am taking upon myself to shave half a nazir,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan and Rav Ḥisda both say that they disagree if it was not spelled out. What are we dealing with? If he said, every half head, everybody agrees that he completely shaves a nazir. If he says, half of the obligation, everybody agrees that he shaves half a nazir. But we are dealing with the case that he says: “half”. Rebbi Meïr says, as if he said half a head, but the rabbis said, as if he said, half of the obligation. Rebbi Yudan said, it turns our that leniency is a restriction. In the opinion of Rebbi Meïr who said, as if he had said half a head, he brings one sacrifice since the nazir can shave on one sacrifice. In the opinion of the rabbis who said, half of the obligation, he has to pay for a sacrifice and a half, half of the obligation of a person.

HALAKHAH: “I am taking upon myself to shave half a nazir,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan and Rav Ḥisda both say that they disagree if it was not spelled out. What are we dealing with? If he said, every half head, everybody agrees that he completely shaves a nazir. If he says, half of the obligation, everybody agrees that he shaves half a nazir. But we are dealing with the case that he says: “half”. Rebbi Meïr says, as if he said half a head, but the rabbis said, as if he said, half of the obligation. Rebbi Yudan said, it turns our that leniency is a restriction. In the opinion of Rebbi Meïr who said, as if he had said half a head, he brings one sacrifice since the nazir can shave on one sacrifice. In the opinion of the rabbis who said, half of the obligation, he has to pay for a sacrifice and a half, half of the obligation of a person.

HALAKHAH: “I am taking upon myself to shave half a nazir,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan and Rav Ḥisda both say that they disagree if it was not spelled out. What are we dealing with? If he said, every half head, everybody agrees that he completely shaves a nazir. If he says, half of the obligation, everybody agrees that he shaves half a nazir. But we are dealing with the case that he says: “half”. Rebbi Meïr says, as if he said half a head, but the rabbis said, as if he said, half of the obligation. Rebbi Yudan said, it turns our that leniency is a restriction. In the opinion of Rebbi Meïr who said, as if he had said half a head, he brings one sacrifice since the nazir can shave on one sacrifice. In the opinion of the rabbis who said, half of the obligation, he has to pay for a sacrifice and a half, half of the obligation of a person.

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.

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.

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.

Rebbi Judah asked before Rebbi Yose: Why should his nezirut not precede that of his son? Did not Rebbi Abbahu say in the name of Rebbi Joḥanan: “This animal shall be dedicated as elevation sacrifice after 30 days.” If he sold it within the thirty days, it is sold; its dedication sanctifies. He said, is that not, if one said “This”. Perhaps if he said: “I have the obligation”? But the one who says, “I am”, is like one who says, “I have the obligation.”

Rebbi Judah asked before Rebbi Yose: Why should his nezirut not precede that of his son? Did not Rebbi Abbahu say in the name of Rebbi Joḥanan: “This animal shall be dedicated as elevation sacrifice after 30 days.” If he sold it within the thirty days, it is sold; its dedication sanctifies. He said, is that not, if one said “This”. Perhaps if he said: “I have the obligation”? But the one who says, “I am”, is like one who says, “I have the obligation.”

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.

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.

HALAKHAH: “If somebody said, “I am a nazir,” etc. This supports Bar Qappara, that if he shaved on the 30 day, he did not fulfill his obligation. This supports Rebbi Jonathan, that if he shaved on the 30 day, he did fulfill his obligation. Both of them? It is only one opinion, “this testimony”. They knew that it was forbidden to shave on the 30th; they thought that if he shaved on the 30th day, he did not fulfill his obligation. He came to testify that if he shaved on the 30th day, he fulfilled his obligation.

HALAKHAH: “If somebody said, “I am a nazir,” etc. This supports Bar Qappara, that if he shaved on the 30 day, he did not fulfill his obligation. This supports Rebbi Jonathan, that if he shaved on the 30 day, he did fulfill his obligation. Both of them? It is only one opinion, “this testimony”. They knew that it was forbidden to shave on the 30th; they thought that if he shaved on the 30th day, he did not fulfill his obligation. He came to testify that if he shaved on the 30th day, he fulfilled his obligation.

HALAKHAH: “If somebody said, “I am a nazir,” etc. This supports Bar Qappara, that if he shaved on the 30 day, he did not fulfill his obligation. This supports Rebbi Jonathan, that if he shaved on the 30 day, he did fulfill his obligation. Both of them? It is only one opinion, “this testimony”. They knew that it was forbidden to shave on the 30th; they thought that if he shaved on the 30th day, he did not fulfill his obligation. He came to testify that if he shaved on the 30th day, he fulfilled his obligation.

HALAKHAH: “If somebody said, “I am a nazir,” etc. This supports Bar Qappara, that if he shaved on the 30 day, he did not fulfill his obligation. This supports Rebbi Jonathan, that if he shaved on the 30 day, he did fulfill his obligation. Both of them? It is only one opinion, “this testimony”. They knew that it was forbidden to shave on the 30th; they thought that if he shaved on the 30th day, he did not fulfill his obligation. He came to testify that if he shaved on the 30th day, he fulfilled his obligation.

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 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.

HALAKHAH: “If somebody vowed two neziriot,” etc. If he finished his first period of nezirut and started to lean on the second, when they did not find an opening for the first while they found an opening for the second, the second can be used for the first. Where do we hold? If he said, “I am a nazir twice,” a vow which is partially annulled is totally annulled. If he said, “I am a nazir for these 30 days and those 30 days,” in this case the second cannot be used for the first. But we must hold that he said, “I am a nazir and nazir.” If he said, “these are for nezirut.” But if he said, “these are for my nezirut; those are for the other nezirut,” in this case the second cannot be used for the first. Rebbi Eleazar said, if he finished the first nezirut, as soon as he brought a sacrifice and shaved, the first is credited for the second. Rebbi Jacob bar Aḥa commanded the colleagues: If you hear anything formulated by Rebbi Eleazar, you should know that Rebbi Joḥanan disagrees: not unless he brings all his sacrifices, following the rabbis; but following Rebbi Simeon even if he brings only one sacrifice. If he dedicated both together, he has only one in his hand. If he dedicated each of them separately or brought each of them for the other, he did not acquit himself [of his obligation]. This means that as far as holiness goes, they became holy. But did not Rebbi Ḥiyya state: “His sacrifice to the Eternal for his nezirut,” i. e., that his vow of nazir should precede his sacrifice, rather than that his sacrifice precede his vow of nazir. It is different, because he still is in nezirut. One understands the second for the first. The first for the second? Rebbi Jehudah said, this supports Rebbi Eleazar. But did not Rebbi Jacob bar Aḥa command the colleagues: If you hear anything formulated by Rebbi Eleazar, you should know that Rebbi Joḥanan disagrees; not unless he brings all his sacrifices. They wanted to say, following the rabbis. But here, we hold with Rebbi Simeon. Rebbi Ḥinena in the name of Rebbi Phineas: Explain it for his nezirut and the nezirut he pledged for his son. In that, the second can be used for the first. Rebbi Yose ben Rebbi Abun said, did we not argue about one who said, “I am a nazir”? He really should be a nazir only once. You were severe with him and obligated him to be a nazir twice. Is it not enough that you were severe with him and obligated him to be a nazir twice, that now you say, he has nothing in his hands?

There, we have stated: “Rebbi Eleazar says, only if he mentions ‘oath’ at the end. Rebbi Simeon says, only if he mentions ‘oath’ for every item.” Rebbi Joḥanan said, [Rebbi Simeon implies] if it turns out that he had no wheat, he is not prosecutable for the rest. Rebbi Abba said, even Rebbi Jehudah will agree with this. If it turns out that he had no wheat, does [the oath] refer to the other kinds? The colleagues said, it does not; Rebbi Ze‘ira said, it does. Rebbi Jacob bar Aḥa said, the baraita supports the colleagues: “A woman made a vow as nazir and her friend heard it and said, ‘so am I;’ if the first’s husband heard and told her, ‘it is permitted to you,’ the first one is permitted and the second forbidden. Rebbi Simeon says, if she said, my intention was only to be like her, in her state, the second also is permitted.” Because she said “to be like her, in her state;” therefore, if she did not say “to be like her, in her state,” the first is permitted and the second forbidden. Since there, where there was no original nezirut, you say it applies, here, where there was an original oath, not so much more? When Rebbi Joḥanan said, Rebbi Simeon implies that if it turns out that he had no wheat, he is not prosecutable for the rest, if he attaches: If he says, [my obligation for] barley shall be like that for wheat; [my obligation for] spelt shall be like that for wheat.

There, we have stated: “Rebbi Eleazar says, only if he mentions ‘oath’ at the end. Rebbi Simeon says, only if he mentions ‘oath’ for every item.” Rebbi Joḥanan said, [Rebbi Simeon implies] if it turns out that he had no wheat, he is not prosecutable for the rest. Rebbi Abba said, even Rebbi Jehudah will agree with this. If it turns out that he had no wheat, does [the oath] refer to the other kinds? The colleagues said, it does not; Rebbi Ze‘ira said, it does. Rebbi Jacob bar Aḥa said, the baraita supports the colleagues: “A woman made a vow as nazir and her friend heard it and said, ‘so am I;’ if the first’s husband heard and told her, ‘it is permitted to you,’ the first one is permitted and the second forbidden. Rebbi Simeon says, if she said, my intention was only to be like her, in her state, the second also is permitted.” Because she said “to be like her, in her state;” therefore, if she did not say “to be like her, in her state,” the first is permitted and the second forbidden. Since there, where there was no original nezirut, you say it applies, here, where there was an original oath, not so much more? When Rebbi Joḥanan said, Rebbi Simeon implies that if it turns out that he had no wheat, he is not prosecutable for the rest, if he attaches: If he says, [my obligation for] barley shall be like that for wheat; [my obligation for] spelt shall be like that for wheat.

Who dissolves her obligations? Rebbi Yose ben Ḥanina said, it is a decree of Scripture: “He dissolved her vow;” he dissolved her obligation. The one who dissolved her vow dissolved her obligation.

Who dissolves her obligations? Rebbi Yose ben Ḥanina said, it is a decree of Scripture: “He dissolved her vow;” he dissolved her obligation. The one who dissolved her vow dissolved her obligation.

Rebbi Abba in the name of Rav: Money can be non-designated, no animal can be non-designated. Rav Sheshet said, it was stated thus: “I might think that one could not satisfy his obligation with his father’s sacrifice, with an animal which he dedicated, whether from a minor sin for a major sin, or from a major sin for a minor sin, or from a minor sin for a minor sin, or from a major sin for a major sin, since he cannot shave for his nezirut with his father’s animal; but he could satisfy his obligation with his father’s sacrifice, with money he dedicated, whether from a minor sin for a major sin, or from a major sin for a minor sin, or from a minor sin for a minor sin, or from a major sin for a major sin, since he can shave on money for his nezirut, any time it is not designated, but not if it is designated. The verse says, ‘his sacrifice’, he can only satisfy his obligation with his sacrifice, not with his father’s sacrifice.” Talking about money, one mentions “not designated”.

Rebbi Abba in the name of Rav: Money can be non-designated, no animal can be non-designated. Rav Sheshet said, it was stated thus: “I might think that one could not satisfy his obligation with his father’s sacrifice, with an animal which he dedicated, whether from a minor sin for a major sin, or from a major sin for a minor sin, or from a minor sin for a minor sin, or from a major sin for a major sin, since he cannot shave for his nezirut with his father’s animal; but he could satisfy his obligation with his father’s sacrifice, with money he dedicated, whether from a minor sin for a major sin, or from a major sin for a minor sin, or from a minor sin for a minor sin, or from a major sin for a major sin, since he can shave on money for his nezirut, any time it is not designated, but not if it is designated. The verse says, ‘his sacrifice’, he can only satisfy his obligation with his sacrifice, not with his father’s sacrifice.” Talking about money, one mentions “not designated”.

Rebbi Abba in the name of Rav: Money can be non-designated, no animal can be non-designated. Rav Sheshet said, it was stated thus: “I might think that one could not satisfy his obligation with his father’s sacrifice, with an animal which he dedicated, whether from a minor sin for a major sin, or from a major sin for a minor sin, or from a minor sin for a minor sin, or from a major sin for a major sin, since he cannot shave for his nezirut with his father’s animal; but he could satisfy his obligation with his father’s sacrifice, with money he dedicated, whether from a minor sin for a major sin, or from a major sin for a minor sin, or from a minor sin for a minor sin, or from a major sin for a major sin, since he can shave on money for his nezirut, any time it is not designated, but not if it is designated. The verse says, ‘his sacrifice’, he can only satisfy his obligation with his sacrifice, not with his father’s sacrifice.” Talking about money, one mentions “not designated”.

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.

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.

Rebbi Jeremiah asked: If he shaved everything but left two hairs which were long enough each to bend its end to its root twice; he shaved to reduce it to one. Since he cut the required length, has he fulfilled his obligation, or because he omitted what was required, did he not fulfill his obligation?

Rebbi Jeremiah asked: If he shaved everything but left two hairs which were long enough each to bend its end to its root twice; he shaved to reduce it to one. Since he cut the required length, has he fulfilled his obligation, or because he omitted what was required, did he not fulfill his obligation?

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.

He is permitted commanded shavings. Not only to signify his skin disease but also to signify his scall, to know whether it spread or did not spread. “And a corpse of obligation.” That is what we have stated: “If they were walking and came upon a corpse of obligation.”

He is permitted commanded shavings. Not only to signify his skin disease but also to signify his scall, to know whether it spread or did not spread. “And a corpse of obligation.” That is what we have stated: “If they were walking and came upon a corpse of obligation.”

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.

HALAKHAH: Rebbi Joshua ben Levi said: “The ram he shall offer, etc.” Why does the verse say, “he shall offer”? Start the procedure with it. Rebbi Ḥinena objected before Rebbi Mana: But is it not written: “He shall offer his flour offering and his libation”? Should he not start with them? How is that? Rebbi Ḥinena in the name of Rebbi Joshua ben Levi: If he shaved for any of the three, he satisfied his obligation. Rebbi Ze‘ira asked before Rebbi Mana: Who is the Tanna of: “All purification offerings in the Torah precede the reparation offerings”? Rebbi Eleazar said, it is everybody’s opinion, “all purification offerings in the Torah precede the reparation offerings.”

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.

HALAKHAH: “The High Priest and the nazir,” etc. It is written: “He shall not go close to a dead body.” Where do we hold? If to forbid non-relatives, is he not also under the rules of a simple priest? If it cannot refer to non-relatives, refer it to relatives. It is written: “Not to go close to a dead body,” and you say so? Rebbi Ḥiyya bar Gamda said, from here repeated prohibitions in the Torah. But it is to permit the corpse of obligation. Some understand it from the following: “ The man shall not defile himself, in the midst of his people” he may not defile himself. But he defiles himself for a corpse of obligation. Some understand it from the following: “ To profane himself.” He may not defile himself to profane himself; he defiles himself for a corpse of obligation.

HALAKHAH: “The High Priest and the nazir,” etc. It is written: “He shall not go close to a dead body.” Where do we hold? If to forbid non-relatives, is he not also under the rules of a simple priest? If it cannot refer to non-relatives, refer it to relatives. It is written: “Not to go close to a dead body,” and you say so? Rebbi Ḥiyya bar Gamda said, from here repeated prohibitions in the Torah. But it is to permit the corpse of obligation. Some understand it from the following: “ The man shall not defile himself, in the midst of his people” he may not defile himself. But he defiles himself for a corpse of obligation. Some understand it from the following: “ To profane himself.” He may not defile himself to profane himself; he defiles himself for a corpse of obligation.

HALAKHAH: “The High Priest and the nazir,” etc. It is written: “He shall not go close to a dead body.” Where do we hold? If to forbid non-relatives, is he not also under the rules of a simple priest? If it cannot refer to non-relatives, refer it to relatives. It is written: “Not to go close to a dead body,” and you say so? Rebbi Ḥiyya bar Gamda said, from here repeated prohibitions in the Torah. But it is to permit the corpse of obligation. Some understand it from the following: “ The man shall not defile himself, in the midst of his people” he may not defile himself. But he defiles himself for a corpse of obligation. Some understand it from the following: “ To profane himself.” He may not defile himself to profane himself; he defiles himself for a corpse of obligation.

Some want to derive it from the following: “For a hanged person is blasphemy.” Anybody warned about blasphemy is warned about a corpse of obligation. Anybody not warned about blasphemy is not warned about a corpse of obligation. They objected, are there not Gentiles? Those executed by hanging, this exludes those executed by the sword. “Bury!” A positive commandment. From where do you add the sword he was killed with, the gallows on which he was hanged, the towel with which he was strangled? Why does the verse say, “you shall bury him”? I could think he alone is buried; the verse says “bury, you shall bury him”, a burial for him, and his gallows, and his stone. How does one do it? One digs down three [handbreadths], so the plough shall not unearth him. “You shall bury him”, whole and not partially. “You shall bury him”, from here that if he left anything [unburied], he did not do anything, for it is said “bury, you shall bury him”. From here that it is not a corpse of obligation unless it consists of his head with most of the body.

Some want to derive it from the following: “For a hanged person is blasphemy.” Anybody warned about blasphemy is warned about a corpse of obligation. Anybody not warned about blasphemy is not warned about a corpse of obligation. They objected, are there not Gentiles? Those executed by hanging, this exludes those executed by the sword. “Bury!” A positive commandment. From where do you add the sword he was killed with, the gallows on which he was hanged, the towel with which he was strangled? Why does the verse say, “you shall bury him”? I could think he alone is buried; the verse says “bury, you shall bury him”, a burial for him, and his gallows, and his stone. How does one do it? One digs down three [handbreadths], so the plough shall not unearth him. “You shall bury him”, whole and not partially. “You shall bury him”, from here that if he left anything [unburied], he did not do anything, for it is said “bury, you shall bury him”. From here that it is not a corpse of obligation unless it consists of his head with most of the body.

Some want to derive it from the following: “For a hanged person is blasphemy.” Anybody warned about blasphemy is warned about a corpse of obligation. Anybody not warned about blasphemy is not warned about a corpse of obligation. They objected, are there not Gentiles? Those executed by hanging, this exludes those executed by the sword. “Bury!” A positive commandment. From where do you add the sword he was killed with, the gallows on which he was hanged, the towel with which he was strangled? Why does the verse say, “you shall bury him”? I could think he alone is buried; the verse says “bury, you shall bury him”, a burial for him, and his gallows, and his stone. How does one do it? One digs down three [handbreadths], so the plough shall not unearth him. “You shall bury him”, whole and not partially. “You shall bury him”, from here that if he left anything [unburied], he did not do anything, for it is said “bury, you shall bury him”. From here that it is not a corpse of obligation unless it consists of his head with most of the body.

Rebbi Yasa stated before Rebbi Joḥanan: Just as one defiles himself for a corpse of obligation, so one defiles himself for a limb of a corpse of obligation. Rebbi Joḥanan answered him: Is that so? Rebbi Jacob bar Aḥa in the name of Rebbi Ze‘ira: Explain it if he returns. It was stated: Rebbi Yose said, nobody has to defile himself for a limb from his living father, but one has to defile himself for bone the size of a barley corn from his father. Rebbi Jehudah says, just as one has to defile himself for bone the size of a barley corn from his father, so one has to defile himself for a limb from his living father. “It happened that Yose ben Paxas developed a growth on his foot. When the surgeon came to remove it, he told him to inform him when only a hair’s breadth was left. He cut until only a hair’s breadth was left, and informed him. He addressed his son Onias and told him, Onias my son, up to now you had to care for me, but leave now since nobody has to defile himself for a limb from his living father. When this came before the Sages, they said, about him it was said: “It happens that a just man is lost in his merit;” the just is lost and his merit accompanies him.

Rebbi Yasa stated before Rebbi Joḥanan: Just as one defiles himself for a corpse of obligation, so one defiles himself for a limb of a corpse of obligation. Rebbi Joḥanan answered him: Is that so? Rebbi Jacob bar Aḥa in the name of Rebbi Ze‘ira: Explain it if he returns. It was stated: Rebbi Yose said, nobody has to defile himself for a limb from his living father, but one has to defile himself for bone the size of a barley corn from his father. Rebbi Jehudah says, just as one has to defile himself for bone the size of a barley corn from his father, so one has to defile himself for a limb from his living father. “It happened that Yose ben Paxas developed a growth on his foot. When the surgeon came to remove it, he told him to inform him when only a hair’s breadth was left. He cut until only a hair’s breadth was left, and informed him. He addressed his son Onias and told him, Onias my son, up to now you had to care for me, but leave now since nobody has to defile himself for a limb from his living father. When this came before the Sages, they said, about him it was said: “It happens that a just man is lost in his merit;” the just is lost and his merit accompanies him.

What is a corpse of obligation? Anyone for whom he shouts and nobody comes. If the villagers come, he refrains. How many? For the carriers of the bier, their replacements, and the replacements of their replacements. If he is not needed; but if he is needed, it is different. If [the deceased] is not recognized. But if he is recognized, it is different. If it is not according to his honor; but if it is according to his honor, it is different. For the Patriarch it is his honor.

May a Cohen defile himself for the Patriarch? When Rebbi Judah the Prince died, Rebbi Yannai proclaimed and said: “There is no priesthood today.” When Rebbi Judah the Prince, grandson of Rebbi Judah the Prince, died, Rebbi Ḥiyya bar Abba did push Rebbi Zeïra in the Gufna synagogue of Sepphoris and defiled him. When Yehudinai, the sister of Rebbi Judah the Prince, died, Rebbi Ḥanina sent for Rebbi Mana but the latter did not come. He said to him, if one does not defile himself for them during their lifetime, so much less in their death. Rebbi Nassa said, in their death they treated them like a corpse of obligation.

Rebbi Yannai said: A Cohen defiles himself in order to see the King. When King Diocletian visited here, Rebbi Ḥiyya bar Abba was seen stepping over graves at Tyre in order to see him. Rebbi Ḥizqiah and Rebbi Jeremiah in the name of Rebbi Joḥanan: There is an obligation to see great persons of government, so that when the kingdom of the dynasty of David will return one will know how to distinguish one government from the other.

If somebody finds a corpse of obligation, he has to take care of it and bury it at its place. When is that? If he finds it outside the town limits. But if he found it inside the town limits, he brings it to the cemetary to bury it.

Rebbi Aqiba said, the start of my practice before the Sages was the following. Once I was on the road when I found a corpse of obligation; I carried it about four mil to a cemetery and buried it. When I came to Rebbi Eliezer and Rebbi Joshua and told them, they said to me that every step that you walked is counted against you as if you were shedding blood. I said, if I became guilty when I intended to acquire merit, how much worse is it if I do not intend to acquire merit. From that time on I did not interrupt practicing before Sages. He used to say, anybody who did not practice before Sages deserves the death penalty.

The corpse of obligation acquired its place, four cubits even in a field of saffron, for on this condition did Joshua distribute the Land to Israel. When is this? If he found it in the field. But if he found it on the road, he buries it either to the right or to the left of the road. A fallow and a ploughed field, he buries it in the fallow field. A ploughed and a sown field, he buries it in the ploughed field. A vineyard and a sown field, he buries it in the sown field. A vineyard and an orchard, some Tannaïm state, he buries it in the vineyard; some Tannaïm state, he buries it in the orchard. He who says, he buries it in the vineyard but not in the orchard, because of a tent over the corpse. He who says, he buries it in the orchard but not in the vineyard because of the preparation of the grape harvest. If he switched, Rebbi Immi said in the name of Rebbi Simeon ben Laqish: He transgressed “do not defile your land.” If both were fallow, or ploughed, or sown, he buries in the one he chooses.