precedence
175 occurrences across the corpus
OT Pseudepigrapha
And he replied to the question, 'If he observed whether the bearing of those about him was natural and whether they maintained the proper rule of precedence at receptions and councils, and in their general intercourse, never going beyond the bounds of propriety in congratulations or in other matters of deportment. But God will incline your mind, O King, to all that is noble.'
The Mishnah
From where do we derive that first-fruits must precede terumah, seeing that this one is called “terumah” and “the first” and the other is [also] called “terumah” and “the first”? Rather first-fruits take precedence since they are the first fruits of all produce. And terumah comes before the first tithe also because it is called “first.” And first tithe [precedes second tithe,] because it includes that which is called “first.”
If a man was married to two wives and died, the first wife takes precedence over the second, and the heirs of the first wife take precedence over the heirs of the second. If he married a first wife and she died and then he married a second wife and he died, the second wife and her heirs take precedence over the heirs of the first wife.
If a man was married to two wives and died, the first wife takes precedence over the second, and the heirs of the first wife take precedence over the heirs of the second. If he married a first wife and she died and then he married a second wife and he died, the second wife and her heirs take precedence over the heirs of the first wife.
If a man was married to two wives and died, the first wife takes precedence over the second, and the heirs of the first wife take precedence over the heirs of the second. If he married a first wife and she died and then he married a second wife and he died, the second wife and her heirs take precedence over the heirs of the first wife.
If a man who was married to four wives died, his first wife takes precedence over the second, the second over the third and the third over the fourth. The first must take an oath to the second, the second to the third, and the third to the fourth, and the fourth recovers payment without an oath. Ben Nannus says: Should she be rewarded because she is the last? She too may not exact payment except by an oath. If all were issued on the same day then the woman [whose kethubah] preceded that of the other, even if only by one hour, gets [her ketubah first]. And so it was the custom in Jerusalem to write the hours. If all kethuboth were issued at the same hour and the estate is worth no more than a maneh, they divide it equally.
Shaving in a case of purity: How was it done? He would bring three animals, a sin-offering, a burnt-offering, and a well-being offering, slaughter the peace-offering and shave thereafter, the words of Rabbi Judah. Rabbi Elazar says: he shaves after the sin-offering, for in all cases [the sacrifice of] the sin-offering takes precedence. But if he shaved after [the slaughter] of any one of the three he has fulfilled his obligation.
This is the order of inheritance: “If a man dies without leaving a son, you shall transfer his property to his daughter” (Numbers 27:8) the son precedes the daughter, and all the son’s offspring precede the daughter. The daughter precedes the brothers and the daughters’ offspring precede the brothers.’ Brothers precede the father’s brothers and the brothers’ offspring precede the father’s brothers. This is the general rule: whosoever has precedence in inheritance, his offspring also has precedence. The father has precedence over all his offspring.
This is the order of inheritance: “If a man dies without leaving a son, you shall transfer his property to his daughter” (Numbers 27:8) the son precedes the daughter, and all the son’s offspring precede the daughter. The daughter precedes the brothers and the daughters’ offspring precede the brothers.’ Brothers precede the father’s brothers and the brothers’ offspring precede the father’s brothers. This is the general rule: whosoever has precedence in inheritance, his offspring also has precedence. The father has precedence over all his offspring.
This is the order of inheritance: “If a man dies without leaving a son, you shall transfer his property to his daughter” (Numbers 27:8) the son precedes the daughter, and all the son’s offspring precede the daughter. The daughter precedes the brothers and the daughters’ offspring precede the brothers.’ Brothers precede the father’s brothers and the brothers’ offspring precede the father’s brothers. This is the general rule: whosoever has precedence in inheritance, his offspring also has precedence. The father has precedence over all his offspring.
Whatever is more frequent than another takes precedence over that other; And whatever is more sacred than another takes precedence over that other. If the bull of the anointed priest and the bull of the congregation are standing [to be sacrificed], the bull of the anointed priest precedes that of the congregation in all its details.
Whatever is more frequent than another takes precedence over that other; And whatever is more sacred than another takes precedence over that other. If the bull of the anointed priest and the bull of the congregation are standing [to be sacrificed], the bull of the anointed priest precedes that of the congregation in all its details.
A man takes precedence over a woman in matters concerning the saving of life and the restoration of lost property, and a woman takes precedence over a man in respect of clothing and ransom from captivity. When both are exposed to degradation in their captivity the man takes precedence over the woman.
A man takes precedence over a woman in matters concerning the saving of life and the restoration of lost property, and a woman takes precedence over a man in respect of clothing and ransom from captivity. When both are exposed to degradation in their captivity the man takes precedence over the woman.
A man takes precedence over a woman in matters concerning the saving of life and the restoration of lost property, and a woman takes precedence over a man in respect of clothing and ransom from captivity. When both are exposed to degradation in their captivity the man takes precedence over the woman.
A priest takes precedence over a levite, a levite over an israelite, an israelite over a mamzer, a mamzer over a natin, a natin over a convert, and a convert over a freed slave. When is this so? When all these were in other respects equal. However, if the mamzer was a scholar and the high priest an ignoramus, the scholar mamzer takes precedence over the ignorant high priest.
A priest takes precedence over a levite, a levite over an israelite, an israelite over a mamzer, a mamzer over a natin, a natin over a convert, and a convert over a freed slave. When is this so? When all these were in other respects equal. However, if the mamzer was a scholar and the high priest an ignoramus, the scholar mamzer takes precedence over the ignorant high priest.
Whatever is more frequent than another, takes precedence over the other. The daily offerings precede the additional offerings; The additional offerings of Shabbat precede the additional offerings of Rosh Hodesh; The additional offerings of Rosh Hodesh precede the additional offerings of Rosh Hashanah. As it is said, “You shall present these in addition to the morning portion of the regular burnt offering” (Numbers 28:23).
Just as they take precedence in being offered, so they take precedence in being eaten. Yesterday’s shelamim and today’s shelamim, yesterday’s takes precedence. Yesterday’s shelamim and today’s hatat and asham, yesterday's shelamim takes precedence, the words of Rabbi Meir. But the sages say: the hatat takes precedence, because it is a most sacred sacrifice.
Just as they take precedence in being offered, so they take precedence in being eaten. Yesterday’s shelamim and today’s shelamim, yesterday’s takes precedence. Yesterday’s shelamim and today’s hatat and asham, yesterday's shelamim takes precedence, the words of Rabbi Meir. But the sages say: the hatat takes precedence, because it is a most sacred sacrifice.
Just as they take precedence in being offered, so they take precedence in being eaten. Yesterday’s shelamim and today’s shelamim, yesterday’s takes precedence. Yesterday’s shelamim and today’s hatat and asham, yesterday's shelamim takes precedence, the words of Rabbi Meir. But the sages say: the hatat takes precedence, because it is a most sacred sacrifice.
Just as they take precedence in being offered, so they take precedence in being eaten. Yesterday’s shelamim and today’s shelamim, yesterday’s takes precedence. Yesterday’s shelamim and today’s hatat and asham, yesterday's shelamim takes precedence, the words of Rabbi Meir. But the sages say: the hatat takes precedence, because it is a most sacred sacrifice.
Just as they take precedence in being offered, so they take precedence in being eaten. Yesterday’s shelamim and today’s shelamim, yesterday’s takes precedence. Yesterday’s shelamim and today’s hatat and asham, yesterday's shelamim takes precedence, the words of Rabbi Meir. But the sages say: the hatat takes precedence, because it is a most sacred sacrifice.
If one woman had given birth before and the other had never before given birth, the two women belonging to two husbands, and they gave birth to two males, the one whose wife had never before given birth gives five selas to the priest. If they gave birth to a male and a female, the priest receives nothing. If the son dies within thirty days although he gave the priest [the five selas], he must return them. If he dies after thirty days, although he has not yet given the five selas, he (the father) must give them. If he dies on the thirtieth day, it is as if he died on the previous day. But Rabbi Akiva says: if he gave [the five selas] he cannot reclaim them, but if he had not yet given, he need not give. If the father dies within thirty days, [the infant] is under the presumption of not having been redeemed until proof is brought that he has been redeemed. If the father dies after thirty days, the infant is under the presumption of having been redeemed until he [the son] is told that he was not redeemed. If both he and his son need to be redeemed, the father takes precedence over his son. Rabbi Judah says: his son comes first for the command to redeem him was upon his father, and the command of his son is upon him.
The Jerusalem Talmud
Rebbi Ḥiyya in the name of Rebbi Yoḥanan: Minḥah and Musaph prayers, the Minḥah prayer has precedence. They wanted to say, that is if there is no time in the day to pray both of them; but if there is time in the day to pray both of them then the Musaph prayer has precedence. Rebbi Zeïra in the name of Rebbi Yoḥanan: Even if there is time in the day to pray both of them, the Minḥah prayer has precedence. Rebbi Nathan bar Ṭobi in the name of Rebbi Yoḥanan: Even if there is time in the day to pray both of them, the Minḥah prayer has precedence. But did we not state: “If somebody made Minḥah prayer precede Musaph prayer, he has done his duty.” Retrospectively, but from the start, not so. Explain it if the time for prayer has not yet arrived, as in the following: Rebbi Joshua ben Levi commanded his students: If you have lunch and the day progressed to six hours before you entered, then pray Minḥah before you enter.
Rebbi Ḥiyya in the name of Rebbi Yoḥanan: Minḥah and Musaph prayers, the Minḥah prayer has precedence. They wanted to say, that is if there is no time in the day to pray both of them; but if there is time in the day to pray both of them then the Musaph prayer has precedence. Rebbi Zeïra in the name of Rebbi Yoḥanan: Even if there is time in the day to pray both of them, the Minḥah prayer has precedence. Rebbi Nathan bar Ṭobi in the name of Rebbi Yoḥanan: Even if there is time in the day to pray both of them, the Minḥah prayer has precedence. But did we not state: “If somebody made Minḥah prayer precede Musaph prayer, he has done his duty.” Retrospectively, but from the start, not so. Explain it if the time for prayer has not yet arrived, as in the following: Rebbi Joshua ben Levi commanded his students: If you have lunch and the day progressed to six hours before you entered, then pray Minḥah before you enter.
Rebbi Ḥiyya in the name of Rebbi Yoḥanan: Minḥah and Musaph prayers, the Minḥah prayer has precedence. They wanted to say, that is if there is no time in the day to pray both of them; but if there is time in the day to pray both of them then the Musaph prayer has precedence. Rebbi Zeïra in the name of Rebbi Yoḥanan: Even if there is time in the day to pray both of them, the Minḥah prayer has precedence. Rebbi Nathan bar Ṭobi in the name of Rebbi Yoḥanan: Even if there is time in the day to pray both of them, the Minḥah prayer has precedence. But did we not state: “If somebody made Minḥah prayer precede Musaph prayer, he has done his duty.” Retrospectively, but from the start, not so. Explain it if the time for prayer has not yet arrived, as in the following: Rebbi Joshua ben Levi commanded his students: If you have lunch and the day progressed to six hours before you entered, then pray Minḥah before you enter.
Rebbi Ḥiyya in the name of Rebbi Yoḥanan: Minḥah and Musaph prayers, the Minḥah prayer has precedence. They wanted to say, that is if there is no time in the day to pray both of them; but if there is time in the day to pray both of them then the Musaph prayer has precedence. Rebbi Zeïra in the name of Rebbi Yoḥanan: Even if there is time in the day to pray both of them, the Minḥah prayer has precedence. Rebbi Nathan bar Ṭobi in the name of Rebbi Yoḥanan: Even if there is time in the day to pray both of them, the Minḥah prayer has precedence. But did we not state: “If somebody made Minḥah prayer precede Musaph prayer, he has done his duty.” Retrospectively, but from the start, not so. Explain it if the time for prayer has not yet arrived, as in the following: Rebbi Joshua ben Levi commanded his students: If you have lunch and the day progressed to six hours before you entered, then pray Minḥah before you enter.
If there were before him of the Seven Kinds, on which one does he recite the benediction? There they say: Everything that has precedence in the verse has precedence for benediction and everything that is close to “the Land” has precedence over everything else.
If there were before him of the Seven Kinds, on which one does he recite the benediction? There they say: Everything that has precedence in the verse has precedence for benediction and everything that is close to “the Land” has precedence over everything else.
If there were before him of the Seven Kinds, on which one does he recite the benediction? There they say: Everything that has precedence in the verse has precedence for benediction and everything that is close to “the Land” has precedence over everything else.
Rebbi Tanḥum bar Yudan said: The honor of the day takes precedence over the honor of the night. The Qiddush of the night takes precedence over the Qiddush of the day. What is the honor of the day? Rebbi Yosi in the name of Rebbi Jacob bar Aḥa, and Rebbi Eleazar bar Joseph in the name of Rav: “He Who created the fruit of the vine.”
Rebbi Tanḥum bar Yudan said: The honor of the day takes precedence over the honor of the night. The Qiddush of the night takes precedence over the Qiddush of the day. What is the honor of the day? Rebbi Yosi in the name of Rebbi Jacob bar Aḥa, and Rebbi Eleazar bar Joseph in the name of Rav: “He Who created the fruit of the vine.”
Rebbi Yose said: From the words of both of them it follows that for wine and Havdalah, the wine comes first. Is not the reason of the House of Shammai that the Sanctification of the Day causes the wine to be served? But here, Havdalah does not cause the wine to be served; wine therefore has precedence. Is not the reason of the House of Hillel that the wine is frequent, Sanctification of the Day is less frequent? Also here, wine is frequent and Havdalah is less frequent: the wine has precedence. Rebbi Mana said: From the words of both of them it follows that for wine and Havdalah,Havdalah comes first. Is not the reason of the House of Shammai that he was obligated for the Sanctification of the Day before the wine came? Also here, since he is obligated for Havdalah before the wine came, Havdalah has precedence. Is not the reason of the House of Hillel that the wine causes the Sanctification of the Day to be recited? But here, the wine does not cause Havdalah to be recited: Havdalah has precedence.
Rebbi Yose said: From the words of both of them it follows that for wine and Havdalah, the wine comes first. Is not the reason of the House of Shammai that the Sanctification of the Day causes the wine to be served? But here, Havdalah does not cause the wine to be served; wine therefore has precedence. Is not the reason of the House of Hillel that the wine is frequent, Sanctification of the Day is less frequent? Also here, wine is frequent and Havdalah is less frequent: the wine has precedence. Rebbi Mana said: From the words of both of them it follows that for wine and Havdalah,Havdalah comes first. Is not the reason of the House of Shammai that he was obligated for the Sanctification of the Day before the wine came? Also here, since he is obligated for Havdalah before the wine came, Havdalah has precedence. Is not the reason of the House of Hillel that the wine causes the Sanctification of the Day to be recited? But here, the wine does not cause Havdalah to be recited: Havdalah has precedence.
Rebbi Yose said: From the words of both of them it follows that for wine and Havdalah, the wine comes first. Is not the reason of the House of Shammai that the Sanctification of the Day causes the wine to be served? But here, Havdalah does not cause the wine to be served; wine therefore has precedence. Is not the reason of the House of Hillel that the wine is frequent, Sanctification of the Day is less frequent? Also here, wine is frequent and Havdalah is less frequent: the wine has precedence. Rebbi Mana said: From the words of both of them it follows that for wine and Havdalah,Havdalah comes first. Is not the reason of the House of Shammai that he was obligated for the Sanctification of the Day before the wine came? Also here, since he is obligated for Havdalah before the wine came, Havdalah has precedence. Is not the reason of the House of Hillel that the wine causes the Sanctification of the Day to be recited? But here, the wine does not cause Havdalah to be recited: Havdalah has precedence.
Rebbi Yose said: From the words of both of them it follows that for wine and Havdalah, the wine comes first. Is not the reason of the House of Shammai that the Sanctification of the Day causes the wine to be served? But here, Havdalah does not cause the wine to be served; wine therefore has precedence. Is not the reason of the House of Hillel that the wine is frequent, Sanctification of the Day is less frequent? Also here, wine is frequent and Havdalah is less frequent: the wine has precedence. Rebbi Mana said: From the words of both of them it follows that for wine and Havdalah,Havdalah comes first. Is not the reason of the House of Shammai that he was obligated for the Sanctification of the Day before the wine came? Also here, since he is obligated for Havdalah before the wine came, Havdalah has precedence. Is not the reason of the House of Hillel that the wine causes the Sanctification of the Day to be recited? But here, the wine does not cause Havdalah to be recited: Havdalah has precedence.
It is difficult in the opinion of the House of Shammai, how to proceed on Friday evening if someone was sitting and eating on Friday afternoon, it got dark, and there was only one cup of wine? You must say that he reserves the cup until after the recitation of Grace and includes all other benedictions. Obviously, if he would want to pronounce the benediction for the day, Grace has precedence. If he wants to recite the benediction over wine, the day has precedence. One may infer this from the following (Mishnah 8:9): “If wine was brought to them after the meal and there was only one cup.” Rebbi Abba said: Because it is a very short benediction, he might forget and drink. But here, he connects everything with the cup of wine and he will not forget. How should he proceed according to the House of Shammai? He should recite Grace first, after that he makes Qidddush, and only after that he recites the benediction over the wine.
It is difficult in the opinion of the House of Shammai, how to proceed on Friday evening if someone was sitting and eating on Friday afternoon, it got dark, and there was only one cup of wine? You must say that he reserves the cup until after the recitation of Grace and includes all other benedictions. Obviously, if he would want to pronounce the benediction for the day, Grace has precedence. If he wants to recite the benediction over wine, the day has precedence. One may infer this from the following (Mishnah 8:9): “If wine was brought to them after the meal and there was only one cup.” Rebbi Abba said: Because it is a very short benediction, he might forget and drink. But here, he connects everything with the cup of wine and he will not forget. How should he proceed according to the House of Shammai? He should recite Grace first, after that he makes Qidddush, and only after that he recites the benediction over the wine.
It is difficult in the opinion of the House of Hillel, how may one proceed at the end of the Sabbath if someone was sitting and eating on Sabbath, it got dark, and there was only one cup of wine? You say, he reserves it until after the meal and connects everything to it. What can you say? Shall he recite the benediction for the wine, Grace has precedence. Shall he recite Grace, the light has precedence. Shall he recite for the light, Havdalah has precedence. We may infer from the following: “Rebbi Yehudah said, the house of Shammai and the house of Hillel do not disagree that Grace comes first and Havdalah at the end. They disagree only over light and spices because the House of Shammai say spices and afterwards light, but the house of Hillel say light and afterwards spices.” Rebbi Abba and Rav Jehudah: Practice follows him who says spices and afterwards light. What should he do following the opinion of the House of Hillel? He should say Grace first, afterwards he should recite the benediction over wine and afterwards Havdalah.
It is difficult in the opinion of the House of Hillel, how may one proceed at the end of the Sabbath if someone was sitting and eating on Sabbath, it got dark, and there was only one cup of wine? You say, he reserves it until after the meal and connects everything to it. What can you say? Shall he recite the benediction for the wine, Grace has precedence. Shall he recite Grace, the light has precedence. Shall he recite for the light, Havdalah has precedence. We may infer from the following: “Rebbi Yehudah said, the house of Shammai and the house of Hillel do not disagree that Grace comes first and Havdalah at the end. They disagree only over light and spices because the House of Shammai say spices and afterwards light, but the house of Hillel say light and afterwards spices.” Rebbi Abba and Rav Jehudah: Practice follows him who says spices and afterwards light. What should he do following the opinion of the House of Hillel? He should say Grace first, afterwards he should recite the benediction over wine and afterwards Havdalah.
It is difficult in the opinion of the House of Hillel, how may one proceed at the end of the Sabbath if someone was sitting and eating on Sabbath, it got dark, and there was only one cup of wine? You say, he reserves it until after the meal and connects everything to it. What can you say? Shall he recite the benediction for the wine, Grace has precedence. Shall he recite Grace, the light has precedence. Shall he recite for the light, Havdalah has precedence. We may infer from the following: “Rebbi Yehudah said, the house of Shammai and the house of Hillel do not disagree that Grace comes first and Havdalah at the end. They disagree only over light and spices because the House of Shammai say spices and afterwards light, but the house of Hillel say light and afterwards spices.” Rebbi Abba and Rav Jehudah: Practice follows him who says spices and afterwards light. What should he do following the opinion of the House of Hillel? He should say Grace first, afterwards he should recite the benediction over wine and afterwards Havdalah.
We have stated ḥallah between First and Second Tithes. Rebbi Jonah in the name of Rebbi Zeïra: This means that ḥallah is not subject to “do not give too late.” Rebbi Yose in the name of Rebbi Zeïra: The Mishnah is not formulated in sequence, do we not deal with demay? Did not Rebbi Abba, son of Rebbi Ḥiyya, say in the name of Rebbi Joḥanan that the Mishnah deals with demay; hence, not with certain produce? And here we deal with demay. Rebbi Ḥiyya stated: Also for certain. On that, Rebbi Jonah in the name of Rebbi Zeïra said, this means that ḥallah is not subject to “do not give too late.” Rebbi Yose in the name of Rebbi Zeïra: The Mishnah is not formulated in sequence, should not ḥallah precede the First Tithe? Then ḥallah should be subject to tithes but not tithes to ḥallah, because everything that precedes another, the other is obligated for it. And we have stated in this respect: “He who makes dough from ṭevel, whether he takes ḥallah before heave or heave before ḥallah, what he did is done. Ḥallah should not be eaten until he take heave for it, heave should not be eaten until he separate ḥallah for it.” But why does First Tithe have precedence? Because it started at the threshing floor. But does the Second Tithe not start at the threshing floor? Rebbi Mattaniah said, it would have been logical that ḥallah should precede everything else. Why does First Heave have precedence? Because it started at the threshing floor and it is called “beginning.” Second Tithe, even though it started at the threshing floor, is not called “beginning.”
We have stated ḥallah between First and Second Tithes. Rebbi Jonah in the name of Rebbi Zeïra: This means that ḥallah is not subject to “do not give too late.” Rebbi Yose in the name of Rebbi Zeïra: The Mishnah is not formulated in sequence, do we not deal with demay? Did not Rebbi Abba, son of Rebbi Ḥiyya, say in the name of Rebbi Joḥanan that the Mishnah deals with demay; hence, not with certain produce? And here we deal with demay. Rebbi Ḥiyya stated: Also for certain. On that, Rebbi Jonah in the name of Rebbi Zeïra said, this means that ḥallah is not subject to “do not give too late.” Rebbi Yose in the name of Rebbi Zeïra: The Mishnah is not formulated in sequence, should not ḥallah precede the First Tithe? Then ḥallah should be subject to tithes but not tithes to ḥallah, because everything that precedes another, the other is obligated for it. And we have stated in this respect: “He who makes dough from ṭevel, whether he takes ḥallah before heave or heave before ḥallah, what he did is done. Ḥallah should not be eaten until he take heave for it, heave should not be eaten until he separate ḥallah for it.” But why does First Tithe have precedence? Because it started at the threshing floor. But does the Second Tithe not start at the threshing floor? Rebbi Mattaniah said, it would have been logical that ḥallah should precede everything else. Why does First Heave have precedence? Because it started at the threshing floor and it is called “beginning.” Second Tithe, even though it started at the threshing floor, is not called “beginning.”
It was stated: “A water source belonging to the townspeople, between them and outsiders, they have precedence over outsiders. Between outsiders and their animals, the outsiders have precedence. Their washing and the lives of outsiders, their washing has precedence over the lives of outsiders.” Rebbi Joḥanan said, who is the Tanna who saidthat washing is a necessity for survival? Rebbi Yose! As it was stated: “One may use it neither for steeping nor for washing. But Rebbi Yose permits it for washing.” The opinions of Rebbi Yose are contradictory. There he says, washing oneself is not a necessity of life. And here, he says washing one’s garments is a necessity of life. Rebbi Mana said, a person might put off washing himself but nobody puts off washing his clothes.
It was stated: “A water source belonging to the townspeople, between them and outsiders, they have precedence over outsiders. Between outsiders and their animals, the outsiders have precedence. Their washing and the lives of outsiders, their washing has precedence over the lives of outsiders.” Rebbi Joḥanan said, who is the Tanna who saidthat washing is a necessity for survival? Rebbi Yose! As it was stated: “One may use it neither for steeping nor for washing. But Rebbi Yose permits it for washing.” The opinions of Rebbi Yose are contradictory. There he says, washing oneself is not a necessity of life. And here, he says washing one’s garments is a necessity of life. Rebbi Mana said, a person might put off washing himself but nobody puts off washing his clothes.
It was stated: “A water source belonging to the townspeople, between them and outsiders, they have precedence over outsiders. Between outsiders and their animals, the outsiders have precedence. Their washing and the lives of outsiders, their washing has precedence over the lives of outsiders.” Rebbi Joḥanan said, who is the Tanna who saidthat washing is a necessity for survival? Rebbi Yose! As it was stated: “One may use it neither for steeping nor for washing. But Rebbi Yose permits it for washing.” The opinions of Rebbi Yose are contradictory. There he says, washing oneself is not a necessity of life. And here, he says washing one’s garments is a necessity of life. Rebbi Mana said, a person might put off washing himself but nobody puts off washing his clothes.
Jehudah from Ḥuṣī hid himself in a cave for three days because he wanted to find the reason why the necessities of life of one’s town have precedence over the necessities of life of another town. He came to Rabbi Yose bar Ḥalaphta who asked him, where have you been? He said, I was hiding in a cave for three days because I wanted to find the reason why the necessities of life of one’s town have precedence over the necessities of life of another town. He called his son Rebbi Vardimos and said to him, answer, what is the reason why the necessities of life of one’s town have precedence over the necessities of life of another town. He said to him (Num. 35:15): “These [six] cities shall be”, each town shall live, and only afterwards their surroundings around them. He [R. Yose] said to him [Jehudah from Ḥuṣi], what did cause you [this embarassment]? That you did not search with your companions!
Jehudah from Ḥuṣī hid himself in a cave for three days because he wanted to find the reason why the necessities of life of one’s town have precedence over the necessities of life of another town. He came to Rabbi Yose bar Ḥalaphta who asked him, where have you been? He said, I was hiding in a cave for three days because I wanted to find the reason why the necessities of life of one’s town have precedence over the necessities of life of another town. He called his son Rebbi Vardimos and said to him, answer, what is the reason why the necessities of life of one’s town have precedence over the necessities of life of another town. He said to him (Num. 35:15): “These [six] cities shall be”, each town shall live, and only afterwards their surroundings around them. He [R. Yose] said to him [Jehudah from Ḥuṣi], what did cause you [this embarassment]? That you did not search with your companions!
Jehudah from Ḥuṣī hid himself in a cave for three days because he wanted to find the reason why the necessities of life of one’s town have precedence over the necessities of life of another town. He came to Rabbi Yose bar Ḥalaphta who asked him, where have you been? He said, I was hiding in a cave for three days because I wanted to find the reason why the necessities of life of one’s town have precedence over the necessities of life of another town. He called his son Rebbi Vardimos and said to him, answer, what is the reason why the necessities of life of one’s town have precedence over the necessities of life of another town. He said to him (Num. 35:15): “These [six] cities shall be”, each town shall live, and only afterwards their surroundings around them. He [R. Yose] said to him [Jehudah from Ḥuṣi], what did cause you [this embarassment]? That you did not search with your companions!
Two families were in Sepphoris, one of city councillors and one rural, who were greeting the Patriarch every day. The councillors went in first and left first. The rural ones went and acquired [knowledge in] Torah. They came and wanted to have precedence. It was asked before Rebbi Simeon ben Laqish. Rebbi Simeon ben Laqish asked it from Rebbi Joḥanan. Rebbi Joḥanan went up and preached in Rebbi Benaiah’s house of study: “But if the bastard was learned and the High Priest ignorant, the learned bastard precedes the ignorant High Priest.” They wanted to say, to be redeemed, for clothing, and for livelihood, but not for the Academy. Rebbi Abbin said, even for the Academy. What is the reason? It is more precious than pearls, even than he who enters into the Most Holy [of the Sanctuary.]
Then at a place where there is a House of Study one should not read, at a place where there is no House of Study one should read? You only have what Rebbi Neḥemiah stated, as Rebbi Neḥemiah stated, why may one only read Hagiographa after afternoon prayers? Because of persons’ documents. Because if you were telling him that it is permitted, then he would say, there is nothing wrong if I would occupy myself with my documents. Since you are telling him that it is forbidden, then he will say, since Hagiographa are forbidden, so much more private documents. This implies that Mishnah has precedence over Bible. This supports what Rebbi Simeon ben Yoḥai stated, as Rebbi Simeon ben Yoḥai stated, he who studies the written Torah does himself good that is not so good; he who studies Mishnah is occupied in an endeavor which deserves reward; he who studies Talmud could not endeavor anything greater than this, always a person should pursue Mishnah more than Talmud. Rebbi Yose ben Rebbi Abun said, this was before Rebbi incorporated most of the Mishnah in the Talmud, but since Rebbi incorporated most of the Mishnah in the Talmud, a person should pursue Talmud more than Mishnah.
His son’s circumcision and the slaughter of his Passover sacrifice. what has precedence? Rebbi Phineas said, since it is written, all his males have to be circumcided, then he will be admitted to nake it, this implies that his sons’ circumcisions has priority over the slaughter of his Passover sacrifice.
Rebbi Abbahu sent his son Rebbi Ḥanina to acquire merit in Tiberias. They came and said to him, he does works of charity. He sent to tell him, are there no graves in Caesarea that I sent you to Tiberias? For they already voted and decided in the upper floor of the house of Arius in Lydda that study precedes action. The rabbis of Caesaria say, that is, if there is somebody there who will do it. But if nobody is there who will do it, the action has precedence. Example. Rebbi Ḥiyya, Rebbi Yasa, Rebbi Immi, were late in coming to Rebbi Eleazar. He asked them, where have you been? They told him, performing an act of charity. He asked them, where there no others? They answered him, it was a neighbor.
Rebbi Jonah said, these daily sacrifices are the offerings of all of Israel. Could all of Israel ascend to Jerusalem? Is it not written, three times a year all your males shall be seen? If all of Israel would sit there and do nothing, is there not written, you shall harvest your grain? Who would harvest their grain? But the early prophets instituted 24 watches; from each watch there were [Cohanim, Levites, and Israel] present in Jerusalem. It was stated, twenty-four thousand. A stand-by group from Jerusalem, and half a stand-by group from Jericho. Jericho also could have produced a full stand-by group, but to give precedence to Jerusalem it only produced half a stand-by group. The Cohanim for service, the Levites for the podium, and the Israel as proof that they are the agents for all of Israel.
Rebbi Yose said: From the words of both of them it follows that for wine and Havdalah, the wine comes first. Is not the reason of the House of Shammai that the Sanctification of the Day causes the wine to be served? But here, Havdalah does {not} cause the wine to be served; wine therefore has precedence. Is not the reason of the House of Hillel that the wine is frequent, Sanctification of the Day is less frequent? Also here, wine is frequent and Havdalah is less frequent: the wine has precedence. Rebbi Mana said: From the words of both of them it follows that for wine and Havdalah, Havdalah comes first. Is not the reason of the House of Shammai that he was obligated for the Sanctification of the Day before the wine came? Also here, since he is obligated for Havdalah before the wine came, Havdalah has precedence. Is not the reason of the House of Hillel that the wine causes the Sanctification of the Day to be recited? But here, the wine does {not} cause Havdalah to be recited: Havdalah has precedence.
Rebbi Yose said: From the words of both of them it follows that for wine and Havdalah, the wine comes first. Is not the reason of the House of Shammai that the Sanctification of the Day causes the wine to be served? But here, Havdalah does {not} cause the wine to be served; wine therefore has precedence. Is not the reason of the House of Hillel that the wine is frequent, Sanctification of the Day is less frequent? Also here, wine is frequent and Havdalah is less frequent: the wine has precedence. Rebbi Mana said: From the words of both of them it follows that for wine and Havdalah, Havdalah comes first. Is not the reason of the House of Shammai that he was obligated for the Sanctification of the Day before the wine came? Also here, since he is obligated for Havdalah before the wine came, Havdalah has precedence. Is not the reason of the House of Hillel that the wine causes the Sanctification of the Day to be recited? But here, the wine does {not} cause Havdalah to be recited: Havdalah has precedence.
Rebbi Yose said: From the words of both of them it follows that for wine and Havdalah, the wine comes first. Is not the reason of the House of Shammai that the Sanctification of the Day causes the wine to be served? But here, Havdalah does {not} cause the wine to be served; wine therefore has precedence. Is not the reason of the House of Hillel that the wine is frequent, Sanctification of the Day is less frequent? Also here, wine is frequent and Havdalah is less frequent: the wine has precedence. Rebbi Mana said: From the words of both of them it follows that for wine and Havdalah, Havdalah comes first. Is not the reason of the House of Shammai that he was obligated for the Sanctification of the Day before the wine came? Also here, since he is obligated for Havdalah before the wine came, Havdalah has precedence. Is not the reason of the House of Hillel that the wine causes the Sanctification of the Day to be recited? But here, the wine does {not} cause Havdalah to be recited: Havdalah has precedence.
Rebbi Yose said: From the words of both of them it follows that for wine and Havdalah, the wine comes first. Is not the reason of the House of Shammai that the Sanctification of the Day causes the wine to be served? But here, Havdalah does {not} cause the wine to be served; wine therefore has precedence. Is not the reason of the House of Hillel that the wine is frequent, Sanctification of the Day is less frequent? Also here, wine is frequent and Havdalah is less frequent: the wine has precedence. Rebbi Mana said: From the words of both of them it follows that for wine and Havdalah, Havdalah comes first. Is not the reason of the House of Shammai that he was obligated for the Sanctification of the Day before the wine came? Also here, since he is obligated for Havdalah before the wine came, Havdalah has precedence. Is not the reason of the House of Hillel that the wine causes the Sanctification of the Day to be recited? But here, the wine does {not} cause Havdalah to be recited: Havdalah has precedence.
He shall bring it, before the additional sacrifices, but when he repeats you shall sacrifice even after the libations. There are Tannaim who state, before the libations. He who says before the libations, before the wine libations. He who says after the libations, after the libations of fine flour. The fine flour precedes the pan-baked breads; even though this is for the fire and that is for the fire, this is a private sacrifice and the other a public sacrifice. The pan-baked bread precede the cups; even though this is a private sacrifice and the other a public sacrifice, this is frequent but the other is not frequent. The pan-baked breads precede the wine since this is for the fire but that is for the bowls. Cups and wine, which one has precedence? Is that not the Mishnah, incense before the wine? Here for a private offering, there for public offering.
HALAKHAH: Rebbi Joḥanan said, these are the words of Rebbi Eliezer and Rebbi Aqiba. But the words of the Sages, all of them were brought with the daily morning offering. Rebbi Ḥuna in the name of Rav Joseph: Rebbi Eliezer follows the House of Shammai. Just as the House of Shammai say, frequent and holy, holy has precedence, so Rebbi Eliezer says, frequent and holy, holy has precedence. How is this? The service of the Day is holier and the day’s musaf sacrifices are more frequent; the service of the Day has precedence over the day’s musaf sacrifices.
HALAKHAH: Rebbi Joḥanan said, these are the words of Rebbi Eliezer and Rebbi Aqiba. But the words of the Sages, all of them were brought with the daily morning offering. Rebbi Ḥuna in the name of Rav Joseph: Rebbi Eliezer follows the House of Shammai. Just as the House of Shammai say, frequent and holy, holy has precedence, so Rebbi Eliezer says, frequent and holy, holy has precedence. How is this? The service of the Day is holier and the day’s musaf sacrifices are more frequent; the service of the Day has precedence over the day’s musaf sacrifices.
HALAKHAH: Rebbi Joḥanan said, these are the words of Rebbi Eliezer and Rebbi Aqiba. But the words of the Sages, all of them were brought with the daily morning offering. Rebbi Ḥuna in the name of Rav Joseph: Rebbi Eliezer follows the House of Shammai. Just as the House of Shammai say, frequent and holy, holy has precedence, so Rebbi Eliezer says, frequent and holy, holy has precedence. How is this? The service of the Day is holier and the day’s musaf sacrifices are more frequent; the service of the Day has precedence over the day’s musaf sacrifices.
Which of the musaf sacrifices of the Sabbath and of the New Moon has precedence? Rebbi Jeremiah wanted to say, between the musaf sacrifices of the Sabbath and of the New Month, the musaf sacrifices of the New Month have precedence. The strength of Rebbi Jeremiah is from the following: Between the song of the Sabbath and the song of the New Month, the song of the New Month has precedence. Rebbi Yose said, there is a difference there since Rebbi Ḥiyya said in the name of Rebbi Joḥanan: To make a proclamation to publicize that it is the start of a new month. How does one do it? One slaughters the musaf sacrifices of the Sabbath and says for them the song of the New Month. But here, between the musaf sacrifices of the Sabbath and of the New Month, the musaf sacrifices of the Sabbath have precedence, under the category: what is more frequent than another precedes the other.
Which of the musaf sacrifices of the Sabbath and of the New Moon has precedence? Rebbi Jeremiah wanted to say, between the musaf sacrifices of the Sabbath and of the New Month, the musaf sacrifices of the New Month have precedence. The strength of Rebbi Jeremiah is from the following: Between the song of the Sabbath and the song of the New Month, the song of the New Month has precedence. Rebbi Yose said, there is a difference there since Rebbi Ḥiyya said in the name of Rebbi Joḥanan: To make a proclamation to publicize that it is the start of a new month. How does one do it? One slaughters the musaf sacrifices of the Sabbath and says for them the song of the New Month. But here, between the musaf sacrifices of the Sabbath and of the New Month, the musaf sacrifices of the Sabbath have precedence, under the category: what is more frequent than another precedes the other.
Which of the musaf sacrifices of the Sabbath and of the New Moon has precedence? Rebbi Jeremiah wanted to say, between the musaf sacrifices of the Sabbath and of the New Month, the musaf sacrifices of the New Month have precedence. The strength of Rebbi Jeremiah is from the following: Between the song of the Sabbath and the song of the New Month, the song of the New Month has precedence. Rebbi Yose said, there is a difference there since Rebbi Ḥiyya said in the name of Rebbi Joḥanan: To make a proclamation to publicize that it is the start of a new month. How does one do it? One slaughters the musaf sacrifices of the Sabbath and says for them the song of the New Month. But here, between the musaf sacrifices of the Sabbath and of the New Month, the musaf sacrifices of the Sabbath have precedence, under the category: what is more frequent than another precedes the other.
Which of the musaf sacrifices of the Sabbath and of the New Moon has precedence? Rebbi Jeremiah wanted to say, between the musaf sacrifices of the Sabbath and of the New Month, the musaf sacrifices of the New Month have precedence. The strength of Rebbi Jeremiah is from the following: Between the song of the Sabbath and the song of the New Month, the song of the New Month has precedence. Rebbi Yose said, there is a difference there since Rebbi Ḥiyya said in the name of Rebbi Joḥanan: To make a proclamation to publicize that it is the start of a new month. How does one do it? One slaughters the musaf sacrifices of the Sabbath and says for them the song of the New Month. But here, between the musaf sacrifices of the Sabbath and of the New Month, the musaf sacrifices of the Sabbath have precedence, under the category: what is more frequent than another precedes the other.
HALAKHAH: “One who sleeps under the bed,” etc. There, we have stated: “But one may spread it over single posts of the bed.” And here he says so? Rebbi Eliezer said, there he and his toga are under the sukkah, but here he and his (bed) [toga] are under the (sukkah) [bed]. The argument of Rebbi Jehudah seems inverted. There he said, action has precedence over study, and here he says so? Rebbi Jehudah thinks that one sleeping under the bed is like the one sleeping under the sukkah. So much more is Rebbi Jehudah’s argument inverted, as we have stated there, “[Rebbi Jehudah says,] if there are no dwellers in the upper one the lower is qualified.” Therefore if there are dwellers in the upper one the lower is disqualified. Rebbi Yose said, there is another space, but here there is no other space.
Which of the musaf sacrifices of the Sabbath and of the New Moon has precedence? Rebbi Jeremiah wanted to say, between the musaf sacrifices of the Sabbath and of the New Month, the musaf sacrifices of the New Month have precedence. The strength of Rebbi Jeremiah is from the following: Between the song of the Sabbath and the song of the New Month, the song of the New Month has precedence. Rebbi Yose said, there is a difference there since Rebbi Ḥiyya said in the name of Rebbi Joḥanan: To make a proclamation to make known that it is the start of a new month. How does one do it? One slaughters the musaf sacrifices of the Sabbath and says for them the song of the New Month. But here, between the musaf sacrifices of the Sabbath and of the New Month, the musaf sacrifices of the Sabbath have precedence, under the category: what is more frequent than another precedes the other.
Which of the musaf sacrifices of the Sabbath and of the New Moon has precedence? Rebbi Jeremiah wanted to say, between the musaf sacrifices of the Sabbath and of the New Month, the musaf sacrifices of the New Month have precedence. The strength of Rebbi Jeremiah is from the following: Between the song of the Sabbath and the song of the New Month, the song of the New Month has precedence. Rebbi Yose said, there is a difference there since Rebbi Ḥiyya said in the name of Rebbi Joḥanan: To make a proclamation to make known that it is the start of a new month. How does one do it? One slaughters the musaf sacrifices of the Sabbath and says for them the song of the New Month. But here, between the musaf sacrifices of the Sabbath and of the New Month, the musaf sacrifices of the Sabbath have precedence, under the category: what is more frequent than another precedes the other.
Which of the musaf sacrifices of the Sabbath and of the New Moon has precedence? Rebbi Jeremiah wanted to say, between the musaf sacrifices of the Sabbath and of the New Month, the musaf sacrifices of the New Month have precedence. The strength of Rebbi Jeremiah is from the following: Between the song of the Sabbath and the song of the New Month, the song of the New Month has precedence. Rebbi Yose said, there is a difference there since Rebbi Ḥiyya said in the name of Rebbi Joḥanan: To make a proclamation to make known that it is the start of a new month. How does one do it? One slaughters the musaf sacrifices of the Sabbath and says for them the song of the New Month. But here, between the musaf sacrifices of the Sabbath and of the New Month, the musaf sacrifices of the Sabbath have precedence, under the category: what is more frequent than another precedes the other.
Which of the musaf sacrifices of the Sabbath and of the New Moon has precedence? Rebbi Jeremiah wanted to say, between the musaf sacrifices of the Sabbath and of the New Month, the musaf sacrifices of the New Month have precedence. The strength of Rebbi Jeremiah is from the following: Between the song of the Sabbath and the song of the New Month, the song of the New Month has precedence. Rebbi Yose said, there is a difference there since Rebbi Ḥiyya said in the name of Rebbi Joḥanan: To make a proclamation to make known that it is the start of a new month. How does one do it? One slaughters the musaf sacrifices of the Sabbath and says for them the song of the New Month. But here, between the musaf sacrifices of the Sabbath and of the New Month, the musaf sacrifices of the Sabbath have precedence, under the category: what is more frequent than another precedes the other.
Rebbi Jonah said, these daily sacrifices are the offerings of all of Israel. Could all of Israel ascend to Jerusalem? Is it not written, three times a year all your males shall be seen? If all of Israel would sit there and do nothing, is there not written, you shall harvest your grain? Who would harvest their grain? But the early prophets instituted 24 watches; from each watch there were [Cohanim, Levites, and Israel] present in Jerusalem. It was stated, twenty-four thousand. A stand-by group from Jerusalem, and half a stand-by group from Jericho. Jericho also could have produced a full stand-by group, but to give precedence to Jerusalem it only produced half a stand-by group. The Cohanim for service, the Levites for the podium, and the Israel as proof that they are the agents for all of Israel.
The Mishnah is Rebbi Meïr’s, as Rebbi Meïr said, one prays and reads, one prays and reads. But following the Rabbis, one prays and reads, one prays and leaves. Therefore on it is a musaf. Is the Mishnah Rebbi Meïr’s since Rebbi Meïr said, one prays and reads? There are Tannaim who state it inversely. Rebbi Aḥa in the name of Rebbi Yasa following our Mishnah. Rebbi Simon said, is the load of firewood such an exertion? Rebbi Mana said, because of the meal of the New Moon. Rebbi Eleazar said, because of “what is more frequent than something else has precedence over the other.”
Tefillin and mezuzzah, which one has precedence? Samuel said, mezuzzah has precedence. Rav Ḥuna said, tefillin have precedence. What is Samuel’s reason? Since it applies on holidays and Sabbath. What is Rav Ḥuna’s reason? Since it applies to travellers on the Seas and those who cross deserts. A baraita supports Samuel: “A worn-out tefillah one may make into mezuzzah, a worn out mezuzzah one may not make into a tefillah. Why? Because one increases in holiness but may not decrease.”
Tefillin and mezuzzah, which one has precedence? Samuel said, mezuzzah has precedence. Rav Ḥuna said, tefillin have precedence. What is Samuel’s reason? Since it applies on holidays and Sabbath. What is Rav Ḥuna’s reason? Since it applies to travellers on the Seas and those who cross deserts. A baraita supports Samuel: “A worn-out tefillah one may make into mezuzzah, a worn out mezuzzah one may not make into a tefillah. Why? Because one increases in holiness but may not decrease.”
Tefillin and mezuzzah, which one has precedence? Samuel said, mezuzzah has precedence. Rav Ḥuna said, tefillin have precedence. What is Samuel’s reason? Since it applies on holidays and Sabbath. What is Rav Ḥuna’s reason? Since it applies to travellers on the Seas and those who cross deserts. A baraita supports Samuel: “A worn-out tefillah one may make into mezuzzah, a worn out mezuzzah one may not make into a tefillah. Why? Because one increases in holiness but may not decrease.”
They voted in the upper floor of the house of Arius that study precedes action. Rebbi Abbahu dwelt in Caesarea. He sent his son Rebbi Ḥanina to acquire merit in Tiberias. They sent and said to him, he does works of charity. He wrote to him, are there no graves in Caesarea that I sent you to Tiberias? For they already voted in the upper floor of the house of Arius in Lydda that study precedes action. The rabbis of Caesaria say, that is, if there is somebody there who will do it. But if nobody is there who will do it, the action has precedence. Example. Rebbi Ḥiyya, Rebbi Yasa, Rebbi Immi, were late in coming to Rebbi Eleazar. He asked them, where have you been? They told him, performing an act of charity. He asked them, where there no others? They answered him, it was a neighbor.
HALAKHAH: “If somebody was married to two women,” etc. The Mishnah refers to ketubah, but for sustenance both are equal. Between ketubah and burial, what has precedence? Between ketubah and a loan attested to by witnesses, what has precedence? Between ketubah and daughters’ dowry, what has precedence? For him who says, one collects for dowry from mortgaged property, daughters’ dowry has precedence. But for him who says, one does not collect for dowry from mortgaged property, daughters’ dowry does not have precedence.
HALAKHAH: “If somebody was married to two women,” etc. The Mishnah refers to ketubah, but for sustenance both are equal. Between ketubah and burial, what has precedence? Between ketubah and a loan attested to by witnesses, what has precedence? Between ketubah and daughters’ dowry, what has precedence? For him who says, one collects for dowry from mortgaged property, daughters’ dowry has precedence. But for him who says, one does not collect for dowry from mortgaged property, daughters’ dowry does not have precedence.
HALAKHAH: “If somebody was married to two women,” etc. The Mishnah refers to ketubah, but for sustenance both are equal. Between ketubah and burial, what has precedence? Between ketubah and a loan attested to by witnesses, what has precedence? Between ketubah and daughters’ dowry, what has precedence? For him who says, one collects for dowry from mortgaged property, daughters’ dowry has precedence. But for him who says, one does not collect for dowry from mortgaged property, daughters’ dowry does not have precedence.
HALAKHAH: “If somebody was married to two women,” etc. The Mishnah refers to ketubah, but for sustenance both are equal. Between ketubah and burial, what has precedence? Between ketubah and a loan attested to by witnesses, what has precedence? Between ketubah and daughters’ dowry, what has precedence? For him who says, one collects for dowry from mortgaged property, daughters’ dowry has precedence. But for him who says, one does not collect for dowry from mortgaged property, daughters’ dowry does not have precedence.
HALAKHAH: “If somebody was married to two women,” etc. The Mishnah refers to ketubah, but for sustenance both are equal. Between ketubah and burial, what has precedence? Between ketubah and a loan attested to by witnesses, what has precedence? Between ketubah and daughters’ dowry, what has precedence? For him who says, one collects for dowry from mortgaged property, daughters’ dowry has precedence. But for him who says, one does not collect for dowry from mortgaged property, daughters’ dowry does not have precedence.
It says only, “she died”. Therefore, if she was divorced, her status is that of a creditor. As it was stated: “He married a woman and wrote her a ketubah. He divorced her but did not pay the ketubah. He married another woman and wrote her a ketubah. He took back the first one and wrote her a ketubah in addition to the first ketubah. The [second ketubah] of the first [wife] has precedence over that of the second [wife] and her heirs, and the second [wife] and her heirs have precedence over the heirs of the first.”
It says only, “she died”. Therefore, if she was divorced, her status is that of a creditor. As it was stated: “He married a woman and wrote her a ketubah. He divorced her but did not pay the ketubah. He married another woman and wrote her a ketubah. He took back the first one and wrote her a ketubah in addition to the first ketubah. The [second ketubah] of the first [wife] has precedence over that of the second [wife] and her heirs, and the second [wife] and her heirs have precedence over the heirs of the first.”
How is that? If he preliminarily married Rachel, definitively married Leah, and only then definitively married Rachel. In the opinion of the rabbis, Rachel has precedence; in the opinion of Rebbi Eleazar ben Azariah she does not have precedence. They say, even Rebbi Eleazar will agree that since in the end he definitively married Rachel, Rachel has precedence. To what can this be compared? To one who took out a loan from another person and said to him, if I have not paid it back by twelve months, all my properties shall be mortgaged to you. If the twelfth month arrived and he has not paid back, his properties become mortgaged from that moment on. But if he said, all my properties shall be mortgaged to you only after twelve months, they become mortgaged only after twelve months. The status of the days in between is in dispute between Rebbi Meïr and the rabbis. In Rebbi Meïr’s opinion, the properties became pledged by the document. In the rabbis’ opinion, the properties became pledged by the money.
How is that? If he preliminarily married Rachel, definitively married Leah, and only then definitively married Rachel. In the opinion of the rabbis, Rachel has precedence; in the opinion of Rebbi Eleazar ben Azariah she does not have precedence. They say, even Rebbi Eleazar will agree that since in the end he definitively married Rachel, Rachel has precedence. To what can this be compared? To one who took out a loan from another person and said to him, if I have not paid it back by twelve months, all my properties shall be mortgaged to you. If the twelfth month arrived and he has not paid back, his properties become mortgaged from that moment on. But if he said, all my properties shall be mortgaged to you only after twelve months, they become mortgaged only after twelve months. The status of the days in between is in dispute between Rebbi Meïr and the rabbis. In Rebbi Meïr’s opinion, the properties became pledged by the document. In the rabbis’ opinion, the properties became pledged by the money.
How is that? If he preliminarily married Rachel, definitively married Leah, and only then definitively married Rachel. In the opinion of the rabbis, Rachel has precedence; in the opinion of Rebbi Eleazar ben Azariah she does not have precedence. They say, even Rebbi Eleazar will agree that since in the end he definitively married Rachel, Rachel has precedence. To what can this be compared? To one who took out a loan from another person and said to him, if I have not paid it back by twelve months, all my properties shall be mortgaged to you. If the twelfth month arrived and he has not paid back, his properties become mortgaged from that moment on. But if he said, all my properties shall be mortgaged to you only after twelve months, they become mortgaged only after twelve months. The status of the days in between is in dispute between Rebbi Meïr and the rabbis. In Rebbi Meïr’s opinion, the properties became pledged by the document. In the rabbis’ opinion, the properties became pledged by the money.
MISHNAH: If somebody was married to four women when he died, the first one precedes the second, the second the third, and the third the fourth. The first one swears to the second, the second to the third, and the third to the fourth; the fourth is paid out without an oath. Ben Nanas said, should she be preferred because she is the last one? She also should be paid only after an oath. If all [ketubot] were executed on the same day, one who precedes another one even if only by an hour has acquired [precedence]; therefore in Jerusalem one used to note hours. If [the documents] were all executed at the same hour and there is only one mina, they split evenly.
“If I wash, if I do not wash.” It was stated: “If I wash, if I do not wash; if I wear jewels, if I do not wear jewels”, these are vows of mortification. Both according to Rebbi Ze‘ira or according to Rebbi Hila, Rebbi Yose seems to contradict his own opinion, as it was stated: “A water source belonging to the townspeople, between them and outsiders, they have precedence over outsiders. Between outsiders and their animals, the outsiders have precedence over their animals. Their washing and the lives of outsiders, their washing has precedence over the lives of outsiders.” Rebbi Joḥanan said, who is the Tanna who said that washing is a necessity for survival? Rebbi Yose! As it was stated: “One may use it neither for steeping nor for washing. But Rebbi Yose permits it for washing.” The opinions of Rebbi Yose are contradictory. There he says, washing oneself is not a necessity of life. And here, he says washing one’s garments is a necessity of life! Rebbi Mana said, a person might put off washing himself but nobody puts off washing his clothes.
“If I wash, if I do not wash.” It was stated: “If I wash, if I do not wash; if I wear jewels, if I do not wear jewels”, these are vows of mortification. Both according to Rebbi Ze‘ira or according to Rebbi Hila, Rebbi Yose seems to contradict his own opinion, as it was stated: “A water source belonging to the townspeople, between them and outsiders, they have precedence over outsiders. Between outsiders and their animals, the outsiders have precedence over their animals. Their washing and the lives of outsiders, their washing has precedence over the lives of outsiders.” Rebbi Joḥanan said, who is the Tanna who said that washing is a necessity for survival? Rebbi Yose! As it was stated: “One may use it neither for steeping nor for washing. But Rebbi Yose permits it for washing.” The opinions of Rebbi Yose are contradictory. There he says, washing oneself is not a necessity of life. And here, he says washing one’s garments is a necessity of life! Rebbi Mana said, a person might put off washing himself but nobody puts off washing his clothes.
“If I wash, if I do not wash.” It was stated: “If I wash, if I do not wash; if I wear jewels, if I do not wear jewels”, these are vows of mortification. Both according to Rebbi Ze‘ira or according to Rebbi Hila, Rebbi Yose seems to contradict his own opinion, as it was stated: “A water source belonging to the townspeople, between them and outsiders, they have precedence over outsiders. Between outsiders and their animals, the outsiders have precedence over their animals. Their washing and the lives of outsiders, their washing has precedence over the lives of outsiders.” Rebbi Joḥanan said, who is the Tanna who said that washing is a necessity for survival? Rebbi Yose! As it was stated: “One may use it neither for steeping nor for washing. But Rebbi Yose permits it for washing.” The opinions of Rebbi Yose are contradictory. There he says, washing oneself is not a necessity of life. And here, he says washing one’s garments is a necessity of life! Rebbi Mana said, a person might put off washing himself but nobody puts off washing his clothes.
Jehudah from Ḥusa hid himself in a cave for three days because he wanted to find the reason why the necessities of life of one’s town have precedence over the necessities of life of another town. He came to Rabbi Yose bar Ḥalaphta and said, I was hiding in a cave for three days because I wanted to find the reason why the necessities of life of one’s town have precedence over the necessities of life of another town. He called his son Rebbi Abba and asked him about the reason why the necessities of life of one’s town have precedence over the necessities of life of another town. He said to him (Num. 35:15): “These [six] cities shall be”, each town shall be, and only afterwards their surroundings around them. He [R. Yose] said to him [Jehudah from Huṣa], what did cause you [this emharassment]? That you did not study with your companions!
Jehudah from Ḥusa hid himself in a cave for three days because he wanted to find the reason why the necessities of life of one’s town have precedence over the necessities of life of another town. He came to Rabbi Yose bar Ḥalaphta and said, I was hiding in a cave for three days because I wanted to find the reason why the necessities of life of one’s town have precedence over the necessities of life of another town. He called his son Rebbi Abba and asked him about the reason why the necessities of life of one’s town have precedence over the necessities of life of another town. He said to him (Num. 35:15): “These [six] cities shall be”, each town shall be, and only afterwards their surroundings around them. He [R. Yose] said to him [Jehudah from Huṣa], what did cause you [this emharassment]? That you did not study with your companions!
Jehudah from Ḥusa hid himself in a cave for three days because he wanted to find the reason why the necessities of life of one’s town have precedence over the necessities of life of another town. He came to Rabbi Yose bar Ḥalaphta and said, I was hiding in a cave for three days because I wanted to find the reason why the necessities of life of one’s town have precedence over the necessities of life of another town. He called his son Rebbi Abba and asked him about the reason why the necessities of life of one’s town have precedence over the necessities of life of another town. He said to him (Num. 35:15): “These [six] cities shall be”, each town shall be, and only afterwards their surroundings around them. He [R. Yose] said to him [Jehudah from Huṣa], what did cause you [this emharassment]? That you did not study with your companions!
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.
A Cohen and a Levite, the Levite shall defile himself. A Levite and an Israel, the Israel shall defile himself. No, is not the Levite like the Israel? Rebbi Abin said, it was taught in the time of the platform. The Sages agree with Rebbi Eliezer that between a High Priest and a nazir, the nazir shall defile himself but not the High Priest. Rebbi Eliezer agrees with the Sages that between a High Priest and a nazir, the nazir shall defile himself but not the High Priest. Think of it, if his father sanctified him from birth. The one is from the Torah, the other is not from the Torah. Rebbi Huna in the name of Rav Joseph: Rebbi Eliezer parallels the House of Shammai. As the House of Shammai say, between holy and frequent the holy has precedence, so Rebbi Eliezer says, between holy and frequent the holy has precedence. A nazir for 30 days and a nazir for 100, the nazir for 30 days shall defile himself. A nazir for 100 days and a nazir forever, the nazir for 100 days shall defile himself. A nazir forever, and a nazir of neziriot, some Tannaïm state, the nazir forever shall defile himself; but some Tannaïm state, the nazir of neziriot shall defile himself. He who says, the nazir forever shall defile himself but not the nazir of neziriot, since he shaves more frequently. He who says, the nazir of neziriot shall defile himself but not the nazir forever, since he brings more sacrifices. If he switched, it should be as Rebbi Immi said in the name of Rebbi Simeon ben Laqish: He transgressed “do not defile your land.” Here it is the same.
A Cohen and a Levite, the Levite shall defile himself. A Levite and an Israel, the Israel shall defile himself. No, is not the Levite like the Israel? Rebbi Abin said, it was taught in the time of the platform. The Sages agree with Rebbi Eliezer that between a High Priest and a nazir, the nazir shall defile himself but not the High Priest. Rebbi Eliezer agrees with the Sages that between a High Priest and a nazir, the nazir shall defile himself but not the High Priest. Think of it, if his father sanctified him from birth. The one is from the Torah, the other is not from the Torah. Rebbi Huna in the name of Rav Joseph: Rebbi Eliezer parallels the House of Shammai. As the House of Shammai say, between holy and frequent the holy has precedence, so Rebbi Eliezer says, between holy and frequent the holy has precedence. A nazir for 30 days and a nazir for 100, the nazir for 30 days shall defile himself. A nazir for 100 days and a nazir forever, the nazir for 100 days shall defile himself. A nazir forever, and a nazir of neziriot, some Tannaïm state, the nazir forever shall defile himself; but some Tannaïm state, the nazir of neziriot shall defile himself. He who says, the nazir forever shall defile himself but not the nazir of neziriot, since he shaves more frequently. He who says, the nazir of neziriot shall defile himself but not the nazir forever, since he brings more sacrifices. If he switched, it should be as Rebbi Immi said in the name of Rebbi Simeon ben Laqish: He transgressed “do not defile your land.” Here it is the same.
HALAKHAH: So is the Mishnah: Rebbi Neḥemia declares him not prosecutable but the Sages declare him guilty since it is not unsubstantiated. The Sages say, two estimations have precedence over one estimation; Rebbi Neḥemiah says, the intermediate estimation has precedence over the two. What is Rebbi Neḥemiah’s reason? “ ‘If he gets up and walks outside on his cane, the attacker is exonerated.’ Could you think that this one walks in the market and the other is executed because of him? But even if he died according to the first estimation he cannot be prosecuted.” What is the rabbi’s reason? “If he does not die but is bedridden.” Would we not know that even if he does not die that he will be bedridden? But if they estimated that he would die. If they estimated that he would die, that is what is written: “If he gets up and walks outside on his cane.” Therefore, if he does not get up, [the attacker] is guilty. But if they did not estimate that he would die? If they did not estimate that he would die, that is what is written: “But he has to pay for his disability.” Rebbi Ila in the name of Rebbi Simeon ben Laqish: It is an extraordinary decree of Scripture that he has to pay. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: It was an erroneous estimation. What is the difference between them? If his state improved. For him who says, it is an extraordinary decree of Scripture that he has to pay; if he paid, he paid. If he did not pay, the verse makes him pay. A baraita supports one and a baraita supports the other. A baraita supports Rebbi Yose ben Ḥanina: If they estimated that he would die, when does he have to pay him? From the moment he improves. For him who says, it was an erroneous estimation; if he did not pay one does not order him to pay. If he paid, can he take it back? This supports Rebbi Simeon ben Laqish: If they estimated that he would live but he died. From when does one have to pay him? From the moment he turns worse. Rebbi Yose said, it does not say here, “from the moment he turns worse” but “from the moment he turns better.”
HALAKHAH: So is the Mishnah: Rebbi Neḥemia declares him not prosecutable but the Sages declare him guilty since it is not unsubstantiated. The Sages say, two estimations have precedence over one estimation; Rebbi Neḥemiah says, the intermediate estimation has precedence over the two. What is Rebbi Neḥemiah’s reason? “ ‘If he gets up and walks outside on his cane, the attacker is exonerated.’ Could you think that this one walks in the market and the other is executed because of him? But even if he died according to the first estimation he cannot be prosecuted.” What is the rabbi’s reason? “If he does not die but is bedridden.” Would we not know that even if he does not die that he will be bedridden? But if they estimated that he would die. If they estimated that he would die, that is what is written: “If he gets up and walks outside on his cane.” Therefore, if he does not get up, [the attacker] is guilty. But if they did not estimate that he would die? If they did not estimate that he would die, that is what is written: “But he has to pay for his disability.” Rebbi Ila in the name of Rebbi Simeon ben Laqish: It is an extraordinary decree of Scripture that he has to pay. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: It was an erroneous estimation. What is the difference between them? If his state improved. For him who says, it is an extraordinary decree of Scripture that he has to pay; if he paid, he paid. If he did not pay, the verse makes him pay. A baraita supports one and a baraita supports the other. A baraita supports Rebbi Yose ben Ḥanina: If they estimated that he would die, when does he have to pay him? From the moment he improves. For him who says, it was an erroneous estimation; if he did not pay one does not order him to pay. If he paid, can he take it back? This supports Rebbi Simeon ben Laqish: If they estimated that he would live but he died. From when does one have to pay him? From the moment he turns worse. Rebbi Yose said, it does not say here, “from the moment he turns worse” but “from the moment he turns better.”