overseas

HALAKHAH: “If one says, I preliminarily married off my daughter”, etc. About what is he trustworthy? Samuel says, he is trusted to give a bill of divorce. Assi said, he is trusted to marry. Rav Huna said in the name of Rav: He is trusted to marry. Rebbi Joḥanan said, he is trusted to marry but one does not infer anything for another case from this ruling. What means, one does not infer anything for another case from this ruling? I sold one of my fields but I do not remember to whom I sold it. If someone comes and says, I bought it, he is not trusted in any way. In preliminary marriage, the same holds true. “I betrothed one of my daughters but I do not remember to whom I betrothed her. If someone comes and says, I married her preliminarily,” he is not trusted in any way. The Mishnah disagrees with Rav: “If somebody brings a bill of divorce from overseas and says, it was written and signed in my presence, he shall not marry that woman.” There, she is considered by everybody to be a married woman. Here, she is considered to be a married woman only by two persons. One waits until these two come and say, this is the man who gave her qiddushin. The Mishnah disagrees with Samuel: “This one says, I married her preliminarily, and that one says, I married her preliminarily. Both of them give a bill of divorce, but if they agree, one gives a bill of divorce and the other one marries.” He explains this, if [the father] says, I did betrothe her to one of these two but I do not remember which one it was. Rebbi Ze‘ira, Rebbi Yasa, in the name of Rebbi Joḥanan: If one of them jumped the gun and married her, one does remove her from him. That is, if this one says, I married her preliminarily, and that one says, I married her preliminarily, and one of them jumped the gun and married her definitively. But if he said, I married her preliminarily and then married her definitively, and another one comes and says, I married her preliminarily, he is not trusted in any way. It was stated thus: If after the marriage another man comes and says, I married her preliminarily, he is not trusted in any way.

MISHNAH: If somebody left for overseas together with his wife; he returns with his wife and her children and says, “the wife with whom I left for overseas is this one and those are her children,” he does not have to bring proof either about the wife or the children. “She died and those are her children,” he has to bring proof about the children but not about the wife.

MISHNAH: If somebody left for overseas together with his wife; he returns with his wife and her children and says, “the wife with whom I left for overseas is this one and those are her children,” he does not have to bring proof either about the wife or the children. “She died and those are her children,” he has to bring proof about the children but not about the wife.

HALAKHAH: “If somebody left for overseas together with his wife,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: They considered a man and his wife as two witnesses since it is general knowledge that a woman will not be silent about another woman’s children. Rebbi Abun referred this to the later statement: “I married a wife overseas, this is she and those are her children;” Rebbi Abbahu in the name of Rebbi Joḥanan: They considered a man and his wife as two witnesses since it is general knowledge that a woman will not be silent about another woman’s children.

HALAKHAH: “If somebody left for overseas together with his wife,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: They considered a man and his wife as two witnesses since it is general knowledge that a woman will not be silent about another woman’s children. Rebbi Abun referred this to the later statement: “I married a wife overseas, this is she and those are her children;” Rebbi Abbahu in the name of Rebbi Joḥanan: They considered a man and his wife as two witnesses since it is general knowledge that a woman will not be silent about another woman’s children.

MISHNAH: “I married a wife overseas, this is she and those are her children,” he has to bring proof about the wife but not about her children. “She died and those are her children,” he has bring proof both about the wife and about the children.

HALAKHAH: “If somebody empowered his agent,” etc. It was stated: “If a man and a woman come from overseas; he says, she is my wife, and she says, he is my husband. One will not execute anybody because of her being a married woman. If they become generally known, one will execute because of her being a married woman.” How long does it take to be generally known? Rebbi Jonah, Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Up to thirty days. There, we have stated: “A toddler who is found near cake-dough with a piece of dough in his hand, Rebbi Meïr declares pure but the Sages declare it impure, for toddlers will slap their hands on cake-dough.” Does one burn because of general knowledge? Rebbi Yose in the name of Rebbi Ze‘ira: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan said, one executes because of general knowledge. Rebbi Simeon ben Laqish said, one does not execute because of general knowledge. Rebbi Yose ben Rebbi Abun in the name of Rebbi Ze‘ira: Everybody agrees that one executes because of general knowledge. Where do they disagree? About burning. Rebbi Joḥanan said, one executes because of general knowledge but one does not burn because of general knowledge. Rebbi Simeon ben Laqish said, since one executes because of general knowledge, one also burns because of general knowledge. And from where that one executes because of general knowledge? Rebbi Samuel, the son of Rebbi Yose ben Rebbi Abun said, it is written: “He who hits his father or his mother shall be put to death.” But is it certain that this one is his father? Is it not only general knowledge that he is his father? But it says, one executes. So here also one executes.

“ “I married a wife overseas.” It was stated: If he brought proof about the older ones, he still has to bring proof about the younger ones. Why? Rebbi Jonah said, I say that perhaps she was divorced in the meantime.

Rebbi wanted to permit the ocean’s absorption but Rebbi Ismael ben Rebbi Yose did not admit it; some say that Rebbi Ismael ben Rebbi Yose wanted to permit but Rebbi did not admit it. What is the ocean’s absorption? A person gave 100 denars to another. [He tells him, my yield is 20 denars. If it is less, it is on your account, if it is more, it is for your account. If it is lost, it is of both. Rebbi Ḥuna said,] for instance those who give merchandise to those who depart overseas to the stadia for two or three xestes. That is not interest but property.

Rebbi Eleazar said, just as a nail cannot be taken out of a door without [loss of] wood, so it is impossible to get rid of Peˋor without [loss of] life. It happened that Sabbatai from Ulam leased his donkey to a Gentile woman to bow down before Peˋor. When they arrived at Peˋor’s temple, she told him, wait here for me while I am entering and bowing down before Peˋor. After she came out, he told her, wait here for me while I am entering and do what you did. What did he do? He entered, relieved himself, and cleansed himself on Peˋor’s nose. All were praising him and said, nobody yet had done what this man did. It happened that Menaḥem from Guvta-Ariaḥ was occupied with amphoras when the spirit of Peˋor came to him in the night. What did he do? He took a spit, stood up against him; he fled. He came to him in the second night and asked him, Menaḥem, why do you curse me? He was afraid of him and promised him, I shall not curse you in the future. It happened that a ruler came from overseas to bow down before Peˋor. He told them, bring one bull, one ram, and one sheep, to bow down before Peˋor. They told him, you have no need for all of these; you only have to strip yourself for him. What did he do? He provoked סניגורים against them; they were hitting them and smashing their brains with bats, saying to them: woe to you and your error.

MISHNAH: If the Court gave an instruction; then they realized that they erred and reversed themselves; whether they brought their atonement or they did not bring their atonement, another person went and acted on their instructions, Rebbi Simeon declares him not liable, but Rebbi Eliezer says, it is in doubt. What is the doubt? If he remained at home, he is liable; if he went overseas he is not liable. Rebbi Aqiba said, I agree in this case that he is closer to not being liable than being liable. Ben Azzai asked him, what is the difference between him and the one staying at home? For one who stays at home might be informed but the other one could not be informed.

“And black, like ink-stone.” How do you check that? Rebbi Abba in the name of Rav Jehudah: One takes the ink-stone and puts in on white leather. Rebbi Yose ben Rebbi Abun said, on colored leather. Rebbi Ze‘ira in the name of the rabbis: Black like a raven, black like a grape berry, black like asphalt are pure. The colleagues in the name of Rebbi Joḥanan: Black like liquid ink is pure. Rebbi Immi in the name of Rebbi Joḥanan: Like a felt hat imported from overseas is impure. Rebbi Ze‘ira asked before Rebbi Immi: Are all these facts to be acted upon? He answered him, yes. Rebbi Simeon ben Laqish said, all of them, if they are lighter than the standard they are pure, darker than the standard impure. Rebbi Joḥanan said, all of them, if they are lighter than the standard they are pure, darker than the standard pure except for black. The Mishnah supports Rebbi Joḥanan, as we have stated: “And black like ink-stone is impure, lighter than that is pure.” Therefore, darker than that is impure, but only black was mentioned in that connection. Therefore, all others, even if they are darker than the standards, are pure. The town of Rav Jehudah followed Rebbi Simeon ben Laqish but Rav Jehudah himself followed Rebbi Joḥanan. Bar Qappara stated a support for Rebbi Simeon ben Laqish but one does not follow him in practice, since Rebbi Ḥanina mixed wine for Bar Qappara and asked him, if it is like that, what is its status? He answered, impure. He lightened it, then he answered, pure. He said to him, peace shall be on him who erred with his mouth but not with his eyes. They wanted to say that he who says pure, refers to when it was polished. But he who says impure , if it is not polished. Let us hear from the following: It happened that a woman from the Patriarchate had a discharge of black blood. The case came before Rebbi Jacob bar Zabdi and Rebbi Isaac bar Ṭabelai; they wanted to declare her impure. Rebbi Ḥelbo told them: So says Rav Huna in the name of Rav: Black which penetrates is pure, that which polishes is impure. He said that only about black. Therefore, all others are pure even if they polish.