obligations

Wherefore, since it is acknowledged that we are accustomed to render justice to all men and especially to those who are unfairly in a condition of servitude, and since we strive to deal fairly with all men according to the demands of justice and piety, we have decreed, in reference to the persons of the Jews who are in any condition of bondage in any part of our dominion, that those who possess them shall receive the stipulated sum of money and set them at liberty and that no man shall show any tardiness in discharging his obligations.

Now, a few days after this, as the Parental solemnities were just at hand, the Roman multitude made their usual oblations to their several ghosts, and put portions into the fire in honor of Cherea, and besought him to be merciful to them, and not continue his anger against them for their ingratitude. And this was the end of the life that Cherea came to. But for Sabinus, although Claudius not only set him at liberty, but gave him leave to retain his former command in the army, yet did he think it would be unjust in him to fail of performing his obligations to his fellow confederates; so he fell upon his sword, and killed himself, the wound reaching up to the very hilt of the sword.

With this advice Pheroras complied, and putting himself into such a habit as might most move compassion, he came with black cloth upon his body, and tears in his eyes, and threw himself down at Herod's feet, and begged his pardon for what he had done, and confessed that he had acted very wickedly, and was guilty of every thing that he had been accused of, and lamented that disorder of his mind, and distraction which his love to a woman, he said, had brought him to. So when Archelaus had brought Pheroras to accuse and bear witness against himself, he then made an excuse for him, and mitigated Herod's anger towards him, and this by using certain domestical examples; for that when he had suffered much greater mischiefs from a brother of his own, he prefered the obligations of nature before the passion of revenge; because it is in kingdoms as it is in gross bodies, where some member or other is ever swelled by the body's weight, in which case it is not proper to cut off such member, but to heal it by a gentle method of cure.

Now the next day was the festival of Xylophory; upon which the custom was for every one to bring wood for the altar [that there might never be a want of fuel for that fire which was unquenchable and always burning]. Upon that day they excluded the opposite party from the observation of this part of religion. And when they had joined to themselves many of the Sicarii, who crowded in among the weaker people, [that was the name for such robbers as had under their bosoms swords called Sicae,] they grew bolder, and carried their undertaking further; insomuch that the king's soldiers were overpowered by their multitude and boldness; and so they gave way, and were driven out of the upper city by force. The others then set fire to the house of Ananias the high priest, and to the palaces of Agrippa and Bernice; after which they carried the fire to the place where the archives were reposited, and made haste to burn the contracts belonging to their creditors, and thereby to dissolve their obligations for paying their debts; and this was done in order to gain the multitude of those who had been debtors, and that they might persuade the poorer sort to join in their insurrection with safety against the more wealthy; so the keepers of the records fled away, and the rest set fire to them. And when they had thus burnt down the nerves of the city, they fell upon their enemies; at which time some of the men of power, and of the high priests, went into the vaults under ground, and concealed themselves, while others fled with the king's soldiers to the upper palace, and shut the gates immediately; among whom were Ananias the high priest, and the ambassadors that had been sent to Agrippa. And now the seditious were contented with the victory they had gotten, and the buildings they had burnt down, and proceeded no further.

CONFESSION. O LORD of Heaven and of Earth, before thee do I confess my sins, and lament them, cast down and humbled in thy presence. For I have sinned before thee by pride, avarice, and boundless desire of honours and riches; by idleness, gluttony, greed, debauchery, and drunkenness; because I have offended thee by all kinds of sins of the flesh, adulteries, and pollutions, which I have committed myself, and consented that others should commit; by sacrilege, thefts, rapine, violation, and homicide; by the evil use I have made of my possessions, by my prodigality, by the sins which I have committed against Hope and Charity, by my evil advice, flatteries, bribes, and the ill distribution which I have made of the goods of which I have been possessed; by repulsing and maltreating the poor, in the distribution which I have made of the goods committed to my charge, by afflicting those over whom I have been set in authority, by not visiting the prisoners, by depriving the dead of burial, by not receiving the poor, by neither feeding the hungry nor giving drink to the thirsty, by never keeping the Sabbath and the other feasts, by not living chastely and piously on those days, by the easy consent which I have given to those who incited me to evil deeds, by injuring instead of aiding those who demanded help from me, by refusing to give ear unto the cry of the poor, by not respecting the aged, by not keeping my word, by disobedience to my parents, by ingratitude towards those from whom I have received kindness, by indulgence in sensual pleasures, by irreverent behaviour in the Temple of God, by unseemly gestures thereat, by entering therein without reverence, by vain and unprofitable discourse when there, by despising the sacred vessels of the temple, by turning the holy Ceremonies into ridicule, by touching and eating the sacred bread with impure lips and with profane hands, and by the neglect of my prayers and adorations. I detest also the crimes which I have committed by evil thoughts, vain and impure meditations, false suspicions, and rash judgments; by the evil consent which I have readily given unto the advice of the wicked, by lust of impure and sensual pleasures; by my idle words, my lies, and my deceit; by my false vows in various ways; and by my continual slander and calumny. I detest also the crimes which I have committed within; the treachery and discord which I have incited; my curiosity, greed, false speaking, violence, malediction, murmurs, blasphemies, vain words, insults, dissimulations; my sins against God by the transgression of the ten commandments, by neglect of my duties and obligations, and by want of love towards God and towards my neighbour. Furthermore I hate the sins which I have committed in all my senses, by sight, by hearing, by taste, by smell, and by touch, in every way that human weakness can offend the creator; by my carnal thoughts, deeds, and meditations. In which I humbly confess that I have sinned, and recognise myself as being in the sight of God the most criminal of all men. I accuse myself before thee, O God, and I adore thee with all humility. O ye, holy angels, and ye, children of God, in your presence I publish my sins, so that mine enemy may have no advantage over me, and may not be able to reproach me at the last day; that he may not be able to say that I have concealed my sins, and that I be not then accused in the presence of the Lord; but, on the contrary, that on my account there may be joy in Heaven, as over the just who have confessed their sins in thy presence. O most mighty and all powerful Father, grant through thine unbounded mercy that I may both see and know all the spirits which I invoke, so that by their means I may see my will and desire accomplished, by the sovereign grandeur, and by thine ineffable and eternal glory, thou who art and who wilt be for ever the pure and ineffable father of all. The confession having been finished with great humility, and with the inward feeling of the heart, the master will recite the following prayer:— PRAYER. O Lord all powerful, eternal God and father of all creatures, shed upon me the divine influence of thy mercy, for I am thy creature. I beseech thee to defend me from mine enemies, and to confirm in me true and steadfast faith. O Lord, I commit my body and my soul unto thee, seeing I put my trust in none beside thee; it is on thee alone that I rely; O Lord my God aid me; O Lord hear me in the day and hour wherein I shall invoke thee. I pray thee by thy mercy not to put me in oblivion, nor to remove me from thee. O Lord be thou my succor, thou who art the God of my salvation. O Lord make me a new heart according unto thy loving kindness. These, O Lord, are the gifts which I await from thee, O my God and my master, thou who livest and reignest unto the Ages of the Ages. Amen. O Lord God the all powerful one, who hast formed unto thyself great and ineffable wisdom, and co-eternal with thyself before the countless ages; thou who in the birth of time hast created the Heavens, and the Earth, the sea, and things that they contain; thou who hast vivified all things by the breath of thy mouth, I praise thee, I bless thee, I adore thee, and I glorify thee. Be thou propitious unto me who am but a miserable sinner, and despise me not; save me and succor me, even me the work of thine hands. I conjure and entreat thee by thy Holy name to banish from my spirit the darkness of Ignorance, and to enlighten me with the Fire of thy Wisdom; take away from me all evil desires, and let not my speech be as that of the foolish. O thou, God the Living One, whose Glory, Honour, and Kingdom shall extend unto the Ages of the Ages. Amen.

One who slaughters a cow and divides it up on Rosh Hashanah [at the end of the seventh year]: If the month had been intercalated, [the debt] is remitted. But if it had not been intercalated, it is not remitted. [Fines for] rape, for seduction, for defamation, and all other obligations arising from legal procedure, are not remitted. One who loans and takes a pledge, and one who hands over his debt documents to a court, [these debts] are not remitted.

They may also surround [the camp] with reeds, provided there is no [gap of] three handbreadths between one reed and the next. [The rabbis] spoke only of a caravan, the words of Rabbi Judah. But the sages say that they only spoke of a caravan because it is a usual occurrence. Any partition that is not [made up of] both vertical and horizontal [pieces] is not a valid partition, the words of Rabbi Yose bar Judah. But the sages say: one of the two [is sufficient]. They exempted four obligations [to soldiers] in an encampment: They may bring wood from anywhere; they are exempt from the washing of the hands, and from [separating tithes from] doubtfully tithed produce (demai) and from the setting up an eruv.

If one makes his sukkah between trees, so that the trees form its walls, it is valid. Those who are agents to perform a mitzvah are exempt from [the obligations of] sukkah. People who are sick and their attendants are exempt from [the obligations of] sukkah. One may eat and drink casually outside the sukkah.

If one makes his sukkah between trees, so that the trees form its walls, it is valid. Those who are agents to perform a mitzvah are exempt from [the obligations of] sukkah. People who are sick and their attendants are exempt from [the obligations of] sukkah. One may eat and drink casually outside the sukkah.

If he did not write for her, “if you are taken captive I will ransom you and take you again as my wife”, or in the case of a priest’s wife, “I will restore you to your people”, he is liable [to carry out these obligations], because it is a condition laid down by court.

All obligations of the son upon the father, men are obligated, but women are exempt. But all obligations of the father upon the son, both men and women are obligated. All positive, time-bound commandments, men are obligated and women are exempt. But all positive non-time-bound commandments both men and women are obligated. And all negative commandments, whether time-bound or not time-bound, both men and women are obligated, except for, the prohibition against rounding [the corners of the head], and the prohibition against marring [the corner of the beard], and the prohibition [for a priest] to become impure through contact with the dead.

All obligations of the son upon the father, men are obligated, but women are exempt. But all obligations of the father upon the son, both men and women are obligated. All positive, time-bound commandments, men are obligated and women are exempt. But all positive non-time-bound commandments both men and women are obligated. And all negative commandments, whether time-bound or not time-bound, both men and women are obligated, except for, the prohibition against rounding [the corners of the head], and the prohibition against marring [the corner of the beard], and the prohibition [for a priest] to become impure through contact with the dead.

On that day they said: all animal sacrifices which have been sacrificed under the name of some other offering are [nevertheless] valid, but they are not accounted to their owners as a fulfillment of their obligations, with the exception of the pesah and the sin-offering. [This is true of] the pesah in its correct time and the sin-offering at any time. Rabbi Eliezer says: [with the exception] also of the guilt-offering; [so that this refers to] the pesah in its correct time and to the sin- and guilt-offerings at any time. Rabbi Shimon ben Azzai said: I received a tradition from the seventy-two elders on the day when they appointed Rabbi Elazar ben Azariah head of the college that all animal sacrifices which are eaten and which have not been sacrificed under their own name are nevertheless valid, but they are not accounted to their owners as a fulfillment of their obligations, with the exception of the pesah and the sin-offering. Ben Azzai only added [to these exceptions] the wholly burnt-offering, but the sages did not agree with him.

On that day they said: all animal sacrifices which have been sacrificed under the name of some other offering are [nevertheless] valid, but they are not accounted to their owners as a fulfillment of their obligations, with the exception of the pesah and the sin-offering. [This is true of] the pesah in its correct time and the sin-offering at any time. Rabbi Eliezer says: [with the exception] also of the guilt-offering; [so that this refers to] the pesah in its correct time and to the sin- and guilt-offerings at any time. Rabbi Shimon ben Azzai said: I received a tradition from the seventy-two elders on the day when they appointed Rabbi Elazar ben Azariah head of the college that all animal sacrifices which are eaten and which have not been sacrificed under their own name are nevertheless valid, but they are not accounted to their owners as a fulfillment of their obligations, with the exception of the pesah and the sin-offering. Ben Azzai only added [to these exceptions] the wholly burnt-offering, but the sages did not agree with him.

It was stated: “He who did pray and did not make his ear hear did fulfill his obligation.” For whom do we need that? For Rebbi Yose! For which statement of Rebbi Yose? For that which we have stated: “He who recites the Shema‘ and did not make his ear hear has fulfilled his obligation, Rebbi Yose says that he has not fulfilled his obligation.” Rav Mattanah said: That formulation is Rebbi Yose’s. Rebbi Yose said: We could be of the opinion that the rabbis and Rebbi Yose disagree only about Shema‘ since there it is written: “hear!”, but not about any other obligations. Since Rav Mattanah said “that formulation is Rebbi Yose’s”, it is the same for all obligations. What is the reason of Rebbi Yose? (Ex. 15:26) “Bend your ear to His commandments”, your ears should hear what your mouth says.

It was stated: “He who did pray and did not make his ear hear did fulfill his obligation.” For whom do we need that? For Rebbi Yose! For which statement of Rebbi Yose? For that which we have stated: “He who recites the Shema‘ and did not make his ear hear has fulfilled his obligation, Rebbi Yose says that he has not fulfilled his obligation.” Rav Mattanah said: That formulation is Rebbi Yose’s. Rebbi Yose said: We could be of the opinion that the rabbis and Rebbi Yose disagree only about Shema‘ since there it is written: “hear!”, but not about any other obligations. Since Rav Mattanah said “that formulation is Rebbi Yose’s”, it is the same for all obligations. What is the reason of Rebbi Yose? (Ex. 15:26) “Bend your ear to His commandments”, your ears should hear what your mouth says.

All the time that his deceased in lying before him, he eats at his neighbor’s, and if he has no neighbor, he eats in another room. If he has no other room, he makes a wall of separation and eats. If he is unable to make a wall of separation, he turns his face towards the wall and eats. He does not eat reclining; he does neither eat nor drink his fill. He eats neither meat nor drinks wine. One does not allow him to participate in a group to say Grace. If he recited Grace, one does not answer “amen” after him. If others recited Grace, he does not anwer “amen”. That is meant on weekdays. But on the Sabbath, he does eat reclining; he eats meat and drinks wine, eats and drinks his fill. One lets him participate in a group to say Grace. If he recited Grace, one does answer “amen” after him. If others recited Grace, he answers “amen”. Rabban Simeon ben Gamliel said: Because I allowed all of these, oblige him for all other obligations of the Torah. If I permitted him temporary life, so much more eternal life. Rebbi Judah ben Pazi in the name of Rebbi Joshua ben Levi: Practice follows Rabban Simeon ben Gamliel.

It is stated (Tosephta Berakhot 2:12): “A sick person who had qeri on whom fell nine qab of water (and a pure one on whose head and body fell three log of drawn water) is clean for himself but he cannot lead the public in their obligations until he immersed himself in 40 seah. Rebbi Yehudah says, 40 seah in all cases.”

HALAKHAH: It was stated: He who recites the blessings for the Shema‘, he who stands before the ark, he who lifts his hands, he who reads in the Torah, he who recites Haphtarah from the prophets, and he who recites any blessing for obligations spelled out in the Torah, should not recite Amen after his own benediction. If he answered, he is uncivilized. Some Tannaïm have stated: he is uncivilized; and some Tannaïm have stated: he is wise. Rav Ḥisda said: He who said “he is wise” refers to him who answers at the end, but he who says “he is uncivilized” refers to him who answers every single benediction.

HALAKHAH: It is written (Deut. 12:1): “These are the statutes and the rules of law which you will be required to follow in the Land.” In the Land you are required to follow them but not outside the Land. Still we say obligations depending on the Land apply only in the Land, but we might think that obligations not depending on the Land also should apply only in the Land. The verse says (Deut. 11:16–18) “Guard yourselves, lest your heart be seduced … And the Eternal’s rage be inflamed against you, etc. Put these words on your hearts, etc.” Even if you are exiled. (Deut. 11:18) “Put these words on your hearts and your persons.” You have to say, for example tefillin and the study of Torah. Just as tefillin and the study of Torah do not depend on the Land and apply both in the Land and outside the Land, so everything not depending on the Land applies both in the Land and outside the Land.

HALAKHAH: It is written (Deut. 12:1): “These are the statutes and the rules of law which you will be required to follow in the Land.” In the Land you are required to follow them but not outside the Land. Still we say obligations depending on the Land apply only in the Land, but we might think that obligations not depending on the Land also should apply only in the Land. The verse says (Deut. 11:16–18) “Guard yourselves, lest your heart be seduced … And the Eternal’s rage be inflamed against you, etc. Put these words on your hearts, etc.” Even if you are exiled. (Deut. 11:18) “Put these words on your hearts and your persons.” You have to say, for example tefillin and the study of Torah. Just as tefillin and the study of Torah do not depend on the Land and apply both in the Land and outside the Land, so everything not depending on the Land applies both in the Land and outside the Land.

How does Rebbi Yose bar Ḥanina explain “In view of all this”? Since they accepted [the obligations] with good grace, the verse credits it to them as if they had accepted it voluntarily. How does Rebbi Eleazar explain “more than your forefathers?” He explains it for the future since Rebbi Ḥelbo, Simeon bar Abba said in the name of Rebbi Joḥanan: Your forefathers inherited the land of seven peoples, but you will in the future inherit the land of ten peoples. The three others are (Gen. 15:19) “the Qenites, the Qenizites and the Qadmonites.” Rebbi Jehudah said, [these are] Arabia, Salmaia and Nabataea. Rebbi Simeon says, Asia, Spain, and Damascus. Rebbi Eliezer ben Jacob says, Asia, Cartagena, and Thrace. Rebbi says, Edom, Moab, and the best of Ammon. “More than your forefathers”: Your forefathers, even though they were redeemed, were later subjugated again. But you when you are redeemed will not be subjugated again. What is the reason? (Jer. 30:6) “Inquire and see whether a male gives birth.” Just as a male cannot give birth so you, after you are redeemed, will not be subjugated again.

Who needs this? Rebbi Yose! Which [statement of] Rebbi Yose? What we had stated there: “He who did read the Shema‘ and did not make his ear hear did fulfill his obligation.” For whom do we need that? For Rebbi Yose! For which statement of Rebbi Yose? For that which we have stated: “He who recites the Shema‘ and does not make his ear hear has fulfilled his obligation, Rebbi Yose says that he has not fulfilled his obligation.” Rav Mattanah said: That formulation is Rebbi Yose’s. Rebbi Yose said: We could be of the opinion that the rabbis and Rebbi Yose disagree only about Shema‘ since there it is written: “hear!”, but not about any other obligations. Since Rav Mattanah said “that formulation is Rebbi Yose’s”, it is the same for all commandments of the Torah. What is the reason of Rebbi Yose? (Ex. 15:26) “Bend your ear to His commandments and keep all His basic laws”; your ears should hear what your mouth says.

Rebbi Abin said, only if the roof is at least four [cubits] square. Just as a house does not induce ṭevel unless it is at least four [cubits] square, so the roof does not exempt unless it is at least four [cubits] square, as it is stated: A house less than four [cubits] square is free from the obligations of mezuzah and the parapet, from the obligation of eruv, does not induce ṭevel, is not counted as a connection to a town; he who makes a vow not to be in a house may sit there; one does not give it four cubits before its entrance door; it does not remain with the buyer in the Jubilee; it cannot become impure by scale disease, and its owner does not return from the army because of it.

MISHNAH: Anything and participation except water and salt, the words of Rebbi Eliezer. Rebbi Joshua says, an eruv is a loaf of bread. Even if a se’ah was baked but is sliced one may not use it for eruv; a loaf the size of an as which is complete may be used for eruv. A person may give an obolus to a grocer or a baker to acquire part in his eruv, the words of Rebbi Eliezer. But the Sages say, his money did not acquire for him. They agree for anybody else that his money does acquire for him, because one makes an eruv for a person only with his agreement. Rebbi Jehudah explained, when has this been said? For eruv of domains, but eruvin of courtyards one makes with or without his agreement since one may give benefits to a person in his absence but impose obligations on him only in his presence.

Rebbi Ḥananiah the colleague of the rabbis asked: May one infer law of obligations from issaron? It was found stated, “he inferred law of obligations from issaron.” Rebbi Abun said, only he should not bring them in three vessels. Rebbi Abba Mamal said, even in many vessels.

Rebbi Ḥananiah the colleague of the rabbis asked: May one infer law of obligations from issaron? It was found stated, “he inferred law of obligations from issaron.” Rebbi Abun said, only he should not bring them in three vessels. Rebbi Abba Mamal said, even in many vessels.

“On the fifteenth of this month one reads the Esther scroll in fortified places.” But did not Rebbi Ḥelbo, Rav Ḥuna, Rav in the name of the Elder Rabbi Ḥiyya, say: Everybody may fulfill his obligation on the Fourteenth, which is the time of its reading? It only comes to teach you that (the obligations apply to the Second Adar) [all obligations which apply to the Second Adar apply to the First Adar.] Rebbi Yose and Rebbi Aḥa were sitting together. Rebbi Yose said to Rebbi Aḥa, it only is reasonable for the past, not for the future; as it was stated, at a place where one is used to read it both days one reads it both days. He said to him, I also am of this opinion. Rebbi Mana said, this is correct. If one read it on the Fourteenth and then wants to read it on the Fifteenth, would one not listen to him? If you are saying otherwise, you would eliminate the time of the fortified places with your hands.

“On the fifteenth of this month one reads the Esther scroll in fortified places.” But did not Rebbi Ḥelbo, Rav Ḥuna, Rav in the name of the Elder Rabbi Ḥiyya, say: Everybody may fulfill his obligation on the Fourteenth, which is the time of its reading? It only comes to teach you that (the obligations apply to the Second Adar) [all obligations which apply to the Second Adar apply to the First Adar.] Rebbi Yose and Rebbi Aḥa were sitting together. Rebbi Yose said to Rebbi Aḥa, it only is reasonable for the past, not for the future; as it was stated, at a place where one is used to read it both days one reads it both days. He said to him, I also am of this opinion. Rebbi Mana said, this is correct. If one read it on the Fourteenth and then wants to read it on the Fifteenth, would one not listen to him? If you are saying otherwise, you would eliminate the time of the fortified places with your hands.

It was stated: Rabban Simeon ben Gamliel says, Obligations which apply to the Second Adar do not apply to the First Adar except for eulogy and for fasting which are equal for both. Rebbi Abba, Rebbi Jeremiah in the name of Rav, Rebbi Simeon in the name of Rebbi Joshua ben Levi: Practice follows Rabban Simeon ben Gamliel. Rebbi Ḥuna, the rabbi of Sepphoris said, Rebbi Ḥanina made it a custom in Sepphoris following Rabban Simeon ben Gamliel. He only said custom, therefore not as practice.

Rebbi Ḥelbo, Rebbi Ḥuna in the name of the Great Rebbi Ḥiyya. Everybody may fulfill his obligation on the Fourteenth, which is the time of its reading. It only comes to teach you that the obligations apply to the Second Adar. Rebbi Yose and Rebbi Aḥa were sitting together. Rebbi Yose said to Rebbi Aḥa, it is only reasonable for the past; but for the future? And did we not state, at a place where one is used to read it on two days, one reads it on two days? He said to him, I also am of this opinion. Rebbi Mana said, this is correct. If somebody read it on the Fourteenth and read it again on the Fifteenth, would one not listen to him? If you are saying so, with your hand you uproot the time of walled places.

It was stated: Rabban Simeon ben Gamliel says, Obligations which apply to the Second Adar do not apply to the First Adar except for eulogy and for fasting which are equal for both. Rebbi Abba, Rebbi Jeremiah in the name of Rav, Rebbi Simeon in the name of Rebbi Joshua ben Levi: Practice follows Rabban Simeon ben Gamliel. Rebbi Ḥuna, the rabbi of Sepphoris said, Rebbi Ḥanina made it a custom in Sepphoris following Rabban Simeon ben Gamliel. He only said custom, therefore not as practice. But in matters of documents one writes the First Adar, the Second Adar, only that for the Second Adar one writes תִינָייָן. Rebbi Jehudah says, the Second Adar one writes ת, and it is enough.

HALAKHAH: “Everybody is qualified to read the Scroll except the deaf-and-dumb, the insane, and the underage.” Rav Mattanah said: That formulation is Rebbi Yose’s. Rebbi Yose said: We could be of the opinion that the rabbis and Rebbi Yose disagree only about Shema` since there it is written: hear!, but not about any other obligations. Since Rav Mattanah said “that formulation is Rebbi Yose’s”, it is the same for all obligations. What is the reason of Rebbi Yose? Bend your ear to His commandments, your ears should hear what your mouth says. Rav Ḥisda said: The deaf and dumb person is not mentioned, it is a formula. Rebbi Yose said: It is reasonable to think that Rav Ḥisda concedes that the statement from Terumot is from Rebbi Yose. Rabbi Ḥanania came in the name of Rav Ḥisda, this one is by Rebbi Yose. Rebbi Yose bar Rebbi Abun said: It must be said that that one is Rebbi Yose’s since we have stated the first five cases and did not include it, because their heave is no heave. Then we have stated the five later ones and did not include it. So in the end you must say, that one is by Rebbi Yose.

HALAKHAH: “Everybody is qualified to read the Scroll except the deaf-and-dumb, the insane, and the underage.” Rav Mattanah said: That formulation is Rebbi Yose’s. Rebbi Yose said: We could be of the opinion that the rabbis and Rebbi Yose disagree only about Shema` since there it is written: hear!, but not about any other obligations. Since Rav Mattanah said “that formulation is Rebbi Yose’s”, it is the same for all obligations. What is the reason of Rebbi Yose? Bend your ear to His commandments, your ears should hear what your mouth says. Rav Ḥisda said: The deaf and dumb person is not mentioned, it is a formula. Rebbi Yose said: It is reasonable to think that Rav Ḥisda concedes that the statement from Terumot is from Rebbi Yose. Rabbi Ḥanania came in the name of Rav Ḥisda, this one is by Rebbi Yose. Rebbi Yose bar Rebbi Abun said: It must be said that that one is Rebbi Yose’s since we have stated the first five cases and did not include it, because their heave is no heave. Then we have stated the five later ones and did not include it. So in the end you must say, that one is by Rebbi Yose.

All the time that his deceased is lying before him, he eats at his neighbor’s. If he has no neighbor, he eats in another room. If he has no other room, he makes a wall of separation and eats. If he is unable to make a wall of separation, he turns his face towards the wall and eats. He does not eat reclining; he does neither eat nor drink his fill. He eats neither meat nor drinks wine. One does not allow him to participate in a group to say Grace. If he recited Grace, one does not answer “amen” after him. If others recited Grace, he does not answer “amen”. That is on weekdays. But on the Sabbath, he does eat reclining; he eats meat and drinks wine, eats and drinks his fill. One lets him participate in a group to say Grace. If he recited Grace, one does answer “amen” after him. If others recited Grace, he answers “amen”. Rabban Simeon ben Gamliel said: Because you allowed all of these, oblige him for all other obligations of the Torah. If you permitted him temporary life, so much more eternal life. Rebbi Judah ben Pazi in the name of Rebbi Joshua ben Levi: Practice follows Rabban Simeon ben Gamliel. If he was handed over to the public, he may eat meat and drink wine. If he was handed over to the carriers it is as if he was handed to the public.

Rebbi Jehudah insists on interpreting the contract text. It was stated in the name of Rebbi Jehudah: A person brings for his wife any sacrifice she is obligated for, even if she ate suet or desecrated the Sabbath. Also, Rebbi Jehudah says, once he divorces her, he is no longer obligated for her, for she writes to him “any other obligations that come to you from earlier times.”

It was stated in the name of Rebbi Jehudah: A person brings for his wife any sacrifice she is obligated for, even if she ate suet or desecrated the Sabbath. Also, Rebbi Jehudah says, once he divorces her, he is no longer obligated for her, for he writes to her “any other obligations that come to me because of you from earlier times.”

“It was hidden from her husband’s eyes”, that excludes the blind man who has no eyes. It is the same for the blind man and the blind woman. This baraita follows Rebbi Jehudah who frees him from all obligations in the Torah.

Rebbi Jehudah insists on interpreting the contract text. Rebbi Jehudah explained: A man brings for his wife any sacrifice she is obligated for, even if she ate suet or desecrated the Sabbath. Also, Rebbi Jehudah says, once he divorces her, he is no longer obligated for her, for she writes to him “any other obligations that may come to you from me from earlier times.”

Rebbi Jeremiah asked before Rebbi Ze‘ira: If he wrote to her: “I shall have nothing to do with your properties,” and she inherited properties afterwards, what is the rule? Can a person put a condition on something not in existence? Rebbi Abun bar Ḥiyya said before Rebbi Ze‘ira: From his rights you can infer his obligations. If he had not written to her, would it make any difference, would he not receive its yield? That means, from his rights you can infer his obligations. Rebbi Levi bar Ḥaita asked: If he wrote to her: “I shall have nothing to do with your properties which you shall inherit in the future,” what is the rule? Can a person put a condition on something not in existence?

Rebbi Jeremiah asked before Rebbi Ze‘ira: If he wrote to her: “I shall have nothing to do with your properties,” and she inherited properties afterwards, what is the rule? Can a person put a condition on something not in existence? Rebbi Abun bar Ḥiyya said before Rebbi Ze‘ira: From his rights you can infer his obligations. If he had not written to her, would it make any difference, would he not receive its yield? That means, from his rights you can infer his obligations. Rebbi Levi bar Ḥaita asked: If he wrote to her: “I shall have nothing to do with your properties which you shall inherit in the future,” what is the rule? Can a person put a condition on something not in existence?

HALAKHAH: “One makes a vow to assessors and to people who condemn property,” etc. To assessors in time of indiction; to condemners in times of expropriations. Rebbi Jehudah ben Pazi stated in the name of Rebbi Joḥanan: If it was a dangerous situation, it is permitted. Rebbi Aḥa, Rebbi Ḥinena in the name of Rebbi Joḥanan: If it was civilized, it is forbidden. It was stated: One hangs on Gentiles and government but not on Jews, because the strong-armed will fall and he should not risk that the prior [obligations] fall on him.

The words of Rebbi Joḥanan imply that one may fast for hours, for Rebbi Joḥanan said, I shall fast until I finish studying this chapter, until I finish studying this text. The words of Rebbi Jonah imply that one may fast for hours, for Rebbi Jonah was in Tyre when he heard that Rebbi Yose’s son had died. Even though he had eaten cheese and drunk water, he finished that day fasting. The words of Rav imply that one may fast for hours, for Rav said, one may borrow his fast day and pay back. Samuel said to him, is that a vow? If he had vowed to fast but forgot and ate the volume of an olive, he lost his fast day. Rebbi Abba in the name of the rabbis there: That is, if he said simply “a day”. But if he said “this day”, he has to continue fasting until the end. He spoke only of eating; that excludes tasting. Rebbi Abba Ḥasida in the name of Rebbi Ze‘ira: Tasting does not create obligations of benediction, robbery, nor of demay, nor of the interruption of a fast day.

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 Joḥanan asked: Can movables be taken into possession by dragging? Rebbi Abba bar Mamal said, what is his problem? With hard hides. But soft hides are not taken into posession until lifted. A baraita disagrees with Rebbi Abba bar Mamal: If somebody steals another person’s pouch and removes it on the Sabbath, he is obligated since he already is obligated for the theft of the wallet before he comes in conflict with the holiness of the Sabbath. But if he was dragging it until he left, he is free since the obligations of capital crime and restitution fall on him simultaneously. Therefore, if the obligations of capital crime and restitution do not fall on him simultaneously he is obligated. Rebbi Mattania said, explain it with large pouches which usually are dragged.

Rebbi Joḥanan asked: Can movables be taken into possession by dragging? Rebbi Abba bar Mamal said, what is his problem? With hard hides. But soft hides are not taken into posession until lifted. A baraita disagrees with Rebbi Abba bar Mamal: If somebody steals another person’s pouch and removes it on the Sabbath, he is obligated since he already is obligated for the theft of the wallet before he comes in conflict with the holiness of the Sabbath. But if he was dragging it until he left, he is free since the obligations of capital crime and restitution fall on him simultaneously. Therefore, if the obligations of capital crime and restitution do not fall on him simultaneously he is obligated. Rebbi Mattania said, explain it with large pouches which usually are dragged.

HALAKHAH: “Any commandment which does not refer to the Land,” etc. It is written (Deut. 12:1): “These are the statutes and the rules of law which you will be required to follow in the Land.” In the Land you are required to follow them but not outside the Land. Still we say obligations depending on the Land only apply in the Land, but we might think that obligations not depending on the Land also should only apply in the Land. The verse says (Deut. 11:16–18) “Be careful, lest your heart be seduced … and the Eternal’s rage be inflamed against you, etc. Put these words on your hearts,”. Even if you are exiled. (Deut. 11:18) “Put these words on your hearts and your persons.” You have to say, for example tefillin and the study of Torah. Just as tefillin and the study of Torah do not depend on the Land and apply both in the Land and outside the Land, so everything not depending on the Land applies both in the Land and outside the Land.

HALAKHAH: “Any commandment which does not refer to the Land,” etc. It is written (Deut. 12:1): “These are the statutes and the rules of law which you will be required to follow in the Land.” In the Land you are required to follow them but not outside the Land. Still we say obligations depending on the Land only apply in the Land, but we might think that obligations not depending on the Land also should only apply in the Land. The verse says (Deut. 11:16–18) “Be careful, lest your heart be seduced … and the Eternal’s rage be inflamed against you, etc. Put these words on your hearts,”. Even if you are exiled. (Deut. 11:18) “Put these words on your hearts and your persons.” You have to say, for example tefillin and the study of Torah. Just as tefillin and the study of Torah do not depend on the Land and apply both in the Land and outside the Land, so everything not depending on the Land applies both in the Land and outside the Land.

How does Rebbi Yose bar Ḥanina explain “In view of all this, we execute a contract and sign”? Since they accepted [the obligations] with good grace, the verse credits it to them as if they had accepted it voluntarily. How does Rebbi Eleazar explain “more than your forefathers?” He explains it for the future since Rebbi Ḥelbo, Simeon bar Abba said in the name of Rebbi Joḥanan: Your forefathers inherited the land of seven peoples, but you will in the future inherit the land of ten peoples. The three others are (Gen. 15:19) “the Qenites, the Qenizites and the Qadmonites.” Rebbi Jehudah said, [these are] Arabia, Salmaia and Nabataea. Rebbi Simeon says, Asia, Spain, and Damascus. Rebbi Eliezer ben Jacob says, Asia, Cartagena, and Thrace. Rebbi says, Edom, Moab, and the best of Ammon. “More than your forefathers”: Your forefathers, even though they were redeemed, were later subjugated again. But you when you are redeemed will not be subjugated again. What is the reason? (Jer. 30:6) “Inquire and see whether a male gives birth.” Just as a male cannot give birth so you, after you are redeemed, will not be subjugated again.

Rebbi Aḥa said, would that not be obvious from the reasoning of the rabbis? Is the rebellious son liable for double restitution for his first theft? Or since he is warned of a capital offense should he be freed? Let us hear from the following: If somebody steals another’s wallet and removes it on the Sabbath he is liable since he already is liable for the theft of the wallet before he comes in conflict with the holiness of the Sabbath. Is he not forewarned of a capital offense and you say, he is liable! Here also, even though he is forewarned of a capital offense, you say that he has to be liable. Rebbi Yannai bar Ismael said, Rebbi Hoshaia follows his own opinion, as we have stated: He who takes out is guilty even if he did not put down. Similarly, he who takes out is guilty even if he did not take up with the intent to take out, for warning is possible only at the moment of his taking out. It was stated: If he was dragging it until he left, he is free since the obligations of capital crime and restitution falls on him simultaneously. Therefore, if both obligations do not fall on him simultaneously, he is liable. Rebbi Yose ben Rebbi Abun said, explain it with large pouches which usually are dragged; one cannot infer anything from this.

Rebbi Aḥa said, would that not be obvious from the reasoning of the rabbis? Is the rebellious son liable for double restitution for his first theft? Or since he is warned of a capital offense should he be freed? Let us hear from the following: If somebody steals another’s wallet and removes it on the Sabbath he is liable since he already is liable for the theft of the wallet before he comes in conflict with the holiness of the Sabbath. Is he not forewarned of a capital offense and you say, he is liable! Here also, even though he is forewarned of a capital offense, you say that he has to be liable. Rebbi Yannai bar Ismael said, Rebbi Hoshaia follows his own opinion, as we have stated: He who takes out is guilty even if he did not put down. Similarly, he who takes out is guilty even if he did not take up with the intent to take out, for warning is possible only at the moment of his taking out. It was stated: If he was dragging it until he left, he is free since the obligations of capital crime and restitution falls on him simultaneously. Therefore, if both obligations do not fall on him simultaneously, he is liable. Rebbi Yose ben Rebbi Abun said, explain it with large pouches which usually are dragged; one cannot infer anything from this.

“And the blind person.” Rebbi Abba said, who stated “the blind person”? Rebbi Jehudah, for Rebbi Jehudah frees him from all obligations of the Torah, as we have stated there: “Rebbi Jehudah said, anyone who never saw light in his life may not cover the Shemaˋ.” Therefore, if he saw once he may cover. And both of them explained the same verse, without seeing. Rebbi Meïr says, to include the blind person. Rebbi Jehudah says, excluding the blind person. The argument of Rebbi Meïr seems inverted. There he says, excluding, but here he says, to include. Rebbi Ḥanina the son of Rebbi Hillel said, the Mishnah is about one sitting in a dark house. So we are saying, “one sitting in a dark house may not cover the Shemaˋ.” But here, without seeing, to include the blind person. How do the rabbis read without seeing? To include one who smites in the night.

Master says: ‘It is free from the obligations of Mezuzah, and parapet, does not become tamay from leprosy, is not irredeemable among the houses of a walled city, nor does one return on account [of it just being built] from the war’ What is the reason? Because the term ‘house’ occurs in all [these commandments].

It was objected: He who sleeps in a canopied bed in a Sukkah has not fulfilled his obligations? Here we are dealing with the case of one which has a roof.

How have you explained [the Mishnah]? As not agreeing with R. Meir. What about the end of the mishnah: There is no difference between a serving [high] priest and one whose time has passed except the bull of Yom HaKippurim and the tenth of the ephah. But we can infer that in all other matters they are the same; and so we come to the view of R. Meir, as it has been taught, If something happened to disqualify him and they appointed another priest to take his place, when the first returns to his service the second is still liable to all the obligations of the high priesthood, the words of R. Meir. R. Yose said: The first returns to his service whereas the second is not qualified to act as a high priest or as an ordinary priest.