precedence

MISHNAH: If somebody empowered his agent to contract preliminary marriage for his daughter and then went himself and contracted for her, ifhe was first, his preliminary marriage is valid, but if his agent was first, that preliminary marriage is valid. If precedence cannot be established, both give a bill of divorce or, if they agree, one gives a bill of divorce and one marries definitively. Similarly, if a woman empowered her agent to contract preliminary marriage for her and then went and contracted for herself, if she was first, her preliminary marriage is valid, but if her agent’s was first, that preliminary marriage is valid. If precedence cannot be established, both give a bill of divorce or, if they agree, one gives a bill of divorce and one marries definitively.

MISHNAH: If somebody empowered his agent to contract preliminary marriage for his daughter and then went himself and contracted for her, ifhe was first, his preliminary marriage is valid, but if his agent was first, that preliminary marriage is valid. If precedence cannot be established, both give a bill of divorce or, if they agree, one gives a bill of divorce and one marries definitively. Similarly, if a woman empowered her agent to contract preliminary marriage for her and then went and contracted for herself, if she was first, her preliminary marriage is valid, but if her agent’s was first, that preliminary marriage is valid. If precedence cannot be established, both give a bill of divorce or, if they agree, one gives a bill of divorce and one marries definitively.

HALAKHAH: “Two potters were walking one behind the other,” etc. Rebbi Joḥanan asked: Does one give time to the first to get up? Rebbi Yose said, it is obvious for Rebbi Joḥanan to give time to the first to stand up. But it is reasonable otherwise from the second one onwards, does one give time to the second to stand up? Let us hear from the following: “Potters were walking one behind the other. The first stumbled and fell, the next one stumbled and fell, the next one stumbled and fell. The first one pays to the second, and the second to the third. But if all fell because of the first, he pays for all of them. They are liable for damage to humans but not liable for damage to vessels. But if they (damaged) [warned] one another, none are liable. Donkey drivers were walking one behind the other. The first stumbled and fell, the next one stumbled and fell, the next one stumbled and fell. The first one pays to the second, and the second to the third. But if all fell because of the first, he pays for all of them. Donkeys were walking one behind the other. The first stumbled and fell, the next one stumbled and fell: even 100, all are liable.” Some Tannaïm state, none are liable. Rebbi La said, he who says ‘liable’, if their owner let them lie down. He who says ‘not liable’, if they fell, since animals are not responsible for accidents. “If the feet of a donkey were bad, one is not allowed to step over him. [ ]” What does it mean, ‘to step over him?’ They step on his body and pass by. “If one was free, the other loaded, the loaded one has the right of way before the free one. One unloaded, the other one loaded, the loaded one has the right of way before the unloaded one. If both were loaded or both unloaded, let them agree between themselves. Two carriages or two ships, one empty, the other loaded, the loaded one has the right of way before the unloaded one. If both were unloaded or loaded, let them agree between themselves.” “The person entering the bath house gives precedence to the person leaving; the person leaving the toilet gives precedence to the person entering.”

HALAKHAH: “Two potters were walking one behind the other,” etc. Rebbi Joḥanan asked: Does one give time to the first to get up? Rebbi Yose said, it is obvious for Rebbi Joḥanan to give time to the first to stand up. But it is reasonable otherwise from the second one onwards, does one give time to the second to stand up? Let us hear from the following: “Potters were walking one behind the other. The first stumbled and fell, the next one stumbled and fell, the next one stumbled and fell. The first one pays to the second, and the second to the third. But if all fell because of the first, he pays for all of them. They are liable for damage to humans but not liable for damage to vessels. But if they (damaged) [warned] one another, none are liable. Donkey drivers were walking one behind the other. The first stumbled and fell, the next one stumbled and fell, the next one stumbled and fell. The first one pays to the second, and the second to the third. But if all fell because of the first, he pays for all of them. Donkeys were walking one behind the other. The first stumbled and fell, the next one stumbled and fell: even 100, all are liable.” Some Tannaïm state, none are liable. Rebbi La said, he who says ‘liable’, if their owner let them lie down. He who says ‘not liable’, if they fell, since animals are not responsible for accidents. “If the feet of a donkey were bad, one is not allowed to step over him. [ ]” What does it mean, ‘to step over him?’ They step on his body and pass by. “If one was free, the other loaded, the loaded one has the right of way before the free one. One unloaded, the other one loaded, the loaded one has the right of way before the unloaded one. If both were loaded or both unloaded, let them agree between themselves. Two carriages or two ships, one empty, the other loaded, the loaded one has the right of way before the unloaded one. If both were unloaded or loaded, let them agree between themselves.” “The person entering the bath house gives precedence to the person leaving; the person leaving the toilet gives precedence to the person entering.”

HALAKHAH: “What is a lost animal,” etc. “If one found it in the cowshed, he has no obligation; in the public domain he is obligated. Between graves, he may not defile himself. If his father told him to defile himself, or told him not to return it, he should not listen to him.” Everywhere you say that a positive commandment has precedence over a prohibition, but here, you say that a positive commandment does not have precedence over a prohibition? There is a difference since both he and his father are required to honor the Omnipresent.

HALAKHAH: “What is a lost animal,” etc. “If one found it in the cowshed, he has no obligation; in the public domain he is obligated. Between graves, he may not defile himself. If his father told him to defile himself, or told him not to return it, he should not listen to him.” Everywhere you say that a positive commandment has precedence over a prohibition, but here, you say that a positive commandment does not have precedence over a prohibition? There is a difference since both he and his father are required to honor the Omnipresent.

MISHNAH: Between his lost property and his father’s lost property, his own has precedence. Between his lost property and his teacher’s lost property, his own has precedence. Between his father’s lost property and his teacher’s lost property, his teacher’s lost property has precedence, for his father brought him to the life of this world, but his teacher who taught him wisdom brought him to the life of the future world. But if his father was his teacher’s equal, his father’s lost property has precedence. If his father and his teacher were carrying loads, he unloads his teacher’s and after that his father’s. If his father and his teacher were jailed, he redeems his teacher and after that redeems his father; but if his father was learned he redeems his father and after that redeems his teacher.

MISHNAH: Between his lost property and his father’s lost property, his own has precedence. Between his lost property and his teacher’s lost property, his own has precedence. Between his father’s lost property and his teacher’s lost property, his teacher’s lost property has precedence, for his father brought him to the life of this world, but his teacher who taught him wisdom brought him to the life of the future world. But if his father was his teacher’s equal, his father’s lost property has precedence. If his father and his teacher were carrying loads, he unloads his teacher’s and after that his father’s. If his father and his teacher were jailed, he redeems his teacher and after that redeems his father; but if his father was learned he redeems his father and after that redeems his teacher.

MISHNAH: Between his lost property and his father’s lost property, his own has precedence. Between his lost property and his teacher’s lost property, his own has precedence. Between his father’s lost property and his teacher’s lost property, his teacher’s lost property has precedence, for his father brought him to the life of this world, but his teacher who taught him wisdom brought him to the life of the future world. But if his father was his teacher’s equal, his father’s lost property has precedence. If his father and his teacher were carrying loads, he unloads his teacher’s and after that his father’s. If his father and his teacher were jailed, he redeems his teacher and after that redeems his father; but if his father was learned he redeems his father and after that redeems his teacher.

MISHNAH: Between his lost property and his father’s lost property, his own has precedence. Between his lost property and his teacher’s lost property, his own has precedence. Between his father’s lost property and his teacher’s lost property, his teacher’s lost property has precedence, for his father brought him to the life of this world, but his teacher who taught him wisdom brought him to the life of the future world. But if his father was his teacher’s equal, his father’s lost property has precedence. If his father and his teacher were carrying loads, he unloads his teacher’s and after that his father’s. If his father and his teacher were jailed, he redeems his teacher and after that redeems his father; but if his father was learned he redeems his father and after that redeems his teacher.

So far the son [inherits from] the father. The father from the son? Since the son only inherits by the father’s power, is it not logical that the father on whom the son depends inherit from him? The verse says, “close”; the closer relative has precedence.

HALAKHAH: “If somebody injures another person,” etc. So is the Mishnah: “Rebbi Neḥemiah declares him not [criminally] liable but the Sages declare him [criminally] liable 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 one is executed because of him? But even if he dies 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 did not estimate that he would die. If they did not estimate that he would die, that is what is written: If he gets up and walks outside on his cane, the attacker is exonerated. Therefore, if he does not get up, [the attacker] is [criminally] liable. But if they estimated that he would die? If they estimated that he would die, that is what is written: But he has to pay for his disability and the medical costs. Rebbi Hila 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? “But he got better and only afterwards deteriorated and died; he is [criminally] liable. Rebbi Neḥemiah declares him not liable since it is not unsubstantiated.” For him who said, it is an extraordinary decree of Scripture that he has to pay; if he paid, he paid. If he did not pay, does he have to pay? For him who said, 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? A baraita supports one and a baraita supports the other. A baraita supports Rebbi Yose bar Ḥanina: If they estimated that he would live but he died, from when does one count for him? From the moment he turns worse. This implies that the estimate was wrong. If you would say, it is an extraordinary decree of Scripture that he has to pay, he should pay from the first moment. A baraita supports Rebbi Simeon ben Laqish: If they estimated that he would die but he lived, from when does one count for 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.” That means, it is an extraordinary decree of Scripture that he has to pay. But if you say, it was an erroneous estimation, he has to pay until [the victim] dies.

HALAKHAH: “If somebody injures another person,” etc. So is the Mishnah: “Rebbi Neḥemiah declares him not [criminally] liable but the Sages declare him [criminally] liable 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 one is executed because of him? But even if he dies 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 did not estimate that he would die. If they did not estimate that he would die, that is what is written: If he gets up and walks outside on his cane, the attacker is exonerated. Therefore, if he does not get up, [the attacker] is [criminally] liable. But if they estimated that he would die? If they estimated that he would die, that is what is written: But he has to pay for his disability and the medical costs. Rebbi Hila 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? “But he got better and only afterwards deteriorated and died; he is [criminally] liable. Rebbi Neḥemiah declares him not liable since it is not unsubstantiated.” For him who said, it is an extraordinary decree of Scripture that he has to pay; if he paid, he paid. If he did not pay, does he have to pay? For him who said, 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? A baraita supports one and a baraita supports the other. A baraita supports Rebbi Yose bar Ḥanina: If they estimated that he would live but he died, from when does one count for him? From the moment he turns worse. This implies that the estimate was wrong. If you would say, it is an extraordinary decree of Scripture that he has to pay, he should pay from the first moment. A baraita supports Rebbi Simeon ben Laqish: If they estimated that he would die but he lived, from when does one count for 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.” That means, it is an extraordinary decree of Scripture that he has to pay. But if you say, it was an erroneous estimation, he has to pay until [the victim] dies.

The haughtiness of Jeroboam damned him absolutely. Rebbi Yose ben Jacob said, Jeroboam became king at the end of a Sabbatical year. This refers to what is written, at the end of seven years, at the time of the Sabbatical year, on the festival of Tabernacles, when all of Israel comes to appear before the Eternal, your God, at the place which He shall choose, you shall read this Torah in the presence of all of Israel to their ears. He said, if I am asked to read, I have to stand. They will say, the local king has precedence. But if I am reading as second, it is a shame for me. If I do not read, it is a disgrace for me. And if I let them go, they will ascend and desert me. They will go to Rehabeam, Solomon’s son. This is what is written: If this people would go up to sacrifice in the Temple in Jerusalem will this people’s heart return to their master, to Rehabeam. What did he do? He made two golden calves and wrote on their hearts, “they will kill you.” He said, any king who will succeed me will look at them. Rebbi Ḥuna said, companions of ingenious conjurations. Anybody who joined with him he will make a coconspirator. Rebbi Ḥuna said, a slaughtering place deepened by seducers, for he deepened in crime. He said, anybody, I shall kill anybody who makes this public.

HALAKHAH: “Anything which is more frequent than another,” etc. [“If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull”,] for one is atoning, the other is being atoned for. It is preferable that the atoner precede the atoned for, as it is written, he shall atone for himself, and for his house, and for all the congregation of Israel. Between a voluntary gift of the Anointed and a voluntary gift of the prince, the voluntary gift of the Anointed has precedence. Between a voluntary gift of the community and a voluntary gift of the prince, the voluntary gift of the prince has precedence. Between a voluntary gift of the Anointed and a voluntary gift of the community, which one has precedence? Let us hear from the following: A voluntary gift of the Anointed and rams of idolatry were standing. The rams of idolatry have precedence since their blood enters inside. He only said “since their blood enters inside;” this implies that between a voluntary gift of the Anointed and a voluntary gift of the community, the voluntary gift of the Anointed has precedence. If there were standing the bull of idolatry, the ram which accompanies it, and another purification sacrifice. The bull precedes the ram, the ram precedes the other purification sacrifice, and the other purification sacrifice precedes the bull. How is this done? Rebbi Yose said, since the ram is dependent in time on the bull, it is as if the bull preceded it, and the other purification sacrifice precedes the bull. The bull of idolatry precedes the ram because it precedes in Scripture. Rebbi Samuel the brother of Rebbi Berekhiah asked: But then that of the New Moon should precede the ram which comes with it because it precedes [in Scripture.] Rebbi Abba Mari said, you cannot do this; its purification sacrifice is defective: After the permanent elevation offering it shall be made, with its libation; it made it lean on the permanent elevation offering. Between the sacrifice of a man and the sacrifice of a woman, the man’s sacrifice has precedence. That is, if both were equal. But if one was a bull and the other a lamb, it is what Rebbi Phineas said in the name of Rebbi Hoshaia: A slave brings a bull and his master brings a bull, the slave’s precedes the master’s, as we have stated there: “If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull in all its ceremonies.”

HALAKHAH: “Anything which is more frequent than another,” etc. [“If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull”,] for one is atoning, the other is being atoned for. It is preferable that the atoner precede the atoned for, as it is written, he shall atone for himself, and for his house, and for all the congregation of Israel. Between a voluntary gift of the Anointed and a voluntary gift of the prince, the voluntary gift of the Anointed has precedence. Between a voluntary gift of the community and a voluntary gift of the prince, the voluntary gift of the prince has precedence. Between a voluntary gift of the Anointed and a voluntary gift of the community, which one has precedence? Let us hear from the following: A voluntary gift of the Anointed and rams of idolatry were standing. The rams of idolatry have precedence since their blood enters inside. He only said “since their blood enters inside;” this implies that between a voluntary gift of the Anointed and a voluntary gift of the community, the voluntary gift of the Anointed has precedence. If there were standing the bull of idolatry, the ram which accompanies it, and another purification sacrifice. The bull precedes the ram, the ram precedes the other purification sacrifice, and the other purification sacrifice precedes the bull. How is this done? Rebbi Yose said, since the ram is dependent in time on the bull, it is as if the bull preceded it, and the other purification sacrifice precedes the bull. The bull of idolatry precedes the ram because it precedes in Scripture. Rebbi Samuel the brother of Rebbi Berekhiah asked: But then that of the New Moon should precede the ram which comes with it because it precedes [in Scripture.] Rebbi Abba Mari said, you cannot do this; its purification sacrifice is defective: After the permanent elevation offering it shall be made, with its libation; it made it lean on the permanent elevation offering. Between the sacrifice of a man and the sacrifice of a woman, the man’s sacrifice has precedence. That is, if both were equal. But if one was a bull and the other a lamb, it is what Rebbi Phineas said in the name of Rebbi Hoshaia: A slave brings a bull and his master brings a bull, the slave’s precedes the master’s, as we have stated there: “If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull in all its ceremonies.”

HALAKHAH: “Anything which is more frequent than another,” etc. [“If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull”,] for one is atoning, the other is being atoned for. It is preferable that the atoner precede the atoned for, as it is written, he shall atone for himself, and for his house, and for all the congregation of Israel. Between a voluntary gift of the Anointed and a voluntary gift of the prince, the voluntary gift of the Anointed has precedence. Between a voluntary gift of the community and a voluntary gift of the prince, the voluntary gift of the prince has precedence. Between a voluntary gift of the Anointed and a voluntary gift of the community, which one has precedence? Let us hear from the following: A voluntary gift of the Anointed and rams of idolatry were standing. The rams of idolatry have precedence since their blood enters inside. He only said “since their blood enters inside;” this implies that between a voluntary gift of the Anointed and a voluntary gift of the community, the voluntary gift of the Anointed has precedence. If there were standing the bull of idolatry, the ram which accompanies it, and another purification sacrifice. The bull precedes the ram, the ram precedes the other purification sacrifice, and the other purification sacrifice precedes the bull. How is this done? Rebbi Yose said, since the ram is dependent in time on the bull, it is as if the bull preceded it, and the other purification sacrifice precedes the bull. The bull of idolatry precedes the ram because it precedes in Scripture. Rebbi Samuel the brother of Rebbi Berekhiah asked: But then that of the New Moon should precede the ram which comes with it because it precedes [in Scripture.] Rebbi Abba Mari said, you cannot do this; its purification sacrifice is defective: After the permanent elevation offering it shall be made, with its libation; it made it lean on the permanent elevation offering. Between the sacrifice of a man and the sacrifice of a woman, the man’s sacrifice has precedence. That is, if both were equal. But if one was a bull and the other a lamb, it is what Rebbi Phineas said in the name of Rebbi Hoshaia: A slave brings a bull and his master brings a bull, the slave’s precedes the master’s, as we have stated there: “If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull in all its ceremonies.”

HALAKHAH: “Anything which is more frequent than another,” etc. [“If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull”,] for one is atoning, the other is being atoned for. It is preferable that the atoner precede the atoned for, as it is written, he shall atone for himself, and for his house, and for all the congregation of Israel. Between a voluntary gift of the Anointed and a voluntary gift of the prince, the voluntary gift of the Anointed has precedence. Between a voluntary gift of the community and a voluntary gift of the prince, the voluntary gift of the prince has precedence. Between a voluntary gift of the Anointed and a voluntary gift of the community, which one has precedence? Let us hear from the following: A voluntary gift of the Anointed and rams of idolatry were standing. The rams of idolatry have precedence since their blood enters inside. He only said “since their blood enters inside;” this implies that between a voluntary gift of the Anointed and a voluntary gift of the community, the voluntary gift of the Anointed has precedence. If there were standing the bull of idolatry, the ram which accompanies it, and another purification sacrifice. The bull precedes the ram, the ram precedes the other purification sacrifice, and the other purification sacrifice precedes the bull. How is this done? Rebbi Yose said, since the ram is dependent in time on the bull, it is as if the bull preceded it, and the other purification sacrifice precedes the bull. The bull of idolatry precedes the ram because it precedes in Scripture. Rebbi Samuel the brother of Rebbi Berekhiah asked: But then that of the New Moon should precede the ram which comes with it because it precedes [in Scripture.] Rebbi Abba Mari said, you cannot do this; its purification sacrifice is defective: After the permanent elevation offering it shall be made, with its libation; it made it lean on the permanent elevation offering. Between the sacrifice of a man and the sacrifice of a woman, the man’s sacrifice has precedence. That is, if both were equal. But if one was a bull and the other a lamb, it is what Rebbi Phineas said in the name of Rebbi Hoshaia: A slave brings a bull and his master brings a bull, the slave’s precedes the master’s, as we have stated there: “If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull in all its ceremonies.”

HALAKHAH: “Anything which is more frequent than another,” etc. [“If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull”,] for one is atoning, the other is being atoned for. It is preferable that the atoner precede the atoned for, as it is written, he shall atone for himself, and for his house, and for all the congregation of Israel. Between a voluntary gift of the Anointed and a voluntary gift of the prince, the voluntary gift of the Anointed has precedence. Between a voluntary gift of the community and a voluntary gift of the prince, the voluntary gift of the prince has precedence. Between a voluntary gift of the Anointed and a voluntary gift of the community, which one has precedence? Let us hear from the following: A voluntary gift of the Anointed and rams of idolatry were standing. The rams of idolatry have precedence since their blood enters inside. He only said “since their blood enters inside;” this implies that between a voluntary gift of the Anointed and a voluntary gift of the community, the voluntary gift of the Anointed has precedence. If there were standing the bull of idolatry, the ram which accompanies it, and another purification sacrifice. The bull precedes the ram, the ram precedes the other purification sacrifice, and the other purification sacrifice precedes the bull. How is this done? Rebbi Yose said, since the ram is dependent in time on the bull, it is as if the bull preceded it, and the other purification sacrifice precedes the bull. The bull of idolatry precedes the ram because it precedes in Scripture. Rebbi Samuel the brother of Rebbi Berekhiah asked: But then that of the New Moon should precede the ram which comes with it because it precedes [in Scripture.] Rebbi Abba Mari said, you cannot do this; its purification sacrifice is defective: After the permanent elevation offering it shall be made, with its libation; it made it lean on the permanent elevation offering. Between the sacrifice of a man and the sacrifice of a woman, the man’s sacrifice has precedence. That is, if both were equal. But if one was a bull and the other a lamb, it is what Rebbi Phineas said in the name of Rebbi Hoshaia: A slave brings a bull and his master brings a bull, the slave’s precedes the master’s, as we have stated there: “If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull in all its ceremonies.”

HALAKHAH: “Anything which is more frequent than another,” etc. [“If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull”,] for one is atoning, the other is being atoned for. It is preferable that the atoner precede the atoned for, as it is written, he shall atone for himself, and for his house, and for all the congregation of Israel. Between a voluntary gift of the Anointed and a voluntary gift of the prince, the voluntary gift of the Anointed has precedence. Between a voluntary gift of the community and a voluntary gift of the prince, the voluntary gift of the prince has precedence. Between a voluntary gift of the Anointed and a voluntary gift of the community, which one has precedence? Let us hear from the following: A voluntary gift of the Anointed and rams of idolatry were standing. The rams of idolatry have precedence since their blood enters inside. He only said “since their blood enters inside;” this implies that between a voluntary gift of the Anointed and a voluntary gift of the community, the voluntary gift of the Anointed has precedence. If there were standing the bull of idolatry, the ram which accompanies it, and another purification sacrifice. The bull precedes the ram, the ram precedes the other purification sacrifice, and the other purification sacrifice precedes the bull. How is this done? Rebbi Yose said, since the ram is dependent in time on the bull, it is as if the bull preceded it, and the other purification sacrifice precedes the bull. The bull of idolatry precedes the ram because it precedes in Scripture. Rebbi Samuel the brother of Rebbi Berekhiah asked: But then that of the New Moon should precede the ram which comes with it because it precedes [in Scripture.] Rebbi Abba Mari said, you cannot do this; its purification sacrifice is defective: After the permanent elevation offering it shall be made, with its libation; it made it lean on the permanent elevation offering. Between the sacrifice of a man and the sacrifice of a woman, the man’s sacrifice has precedence. That is, if both were equal. But if one was a bull and the other a lamb, it is what Rebbi Phineas said in the name of Rebbi Hoshaia: A slave brings a bull and his master brings a bull, the slave’s precedes the master’s, as we have stated there: “If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull in all its ceremonies.”

“The man precedes the woman,” etc. So far if each one was to be kept alive or each one was for clothing. If one was to be kept alive and the other for clothing? Let us hear from the following, as Rebbi Joshua ben Levi said in the name of Rebbi [Ḥanina ben] Antigonos, the clothing of the wife of a fellow and the life of a vulgar; the clothing of the wife of a fellow has precedence over the life of a vulgar because of the dignity of the fellow. He only said that the clothing of the wife of a fellow was like the life of the fellow. But if there was one to be kept alive and one for clothing, the one to be kept alive has precedence.

“The man precedes the woman,” etc. So far if each one was to be kept alive or each one was for clothing. If one was to be kept alive and the other for clothing? Let us hear from the following, as Rebbi Joshua ben Levi said in the name of Rebbi [Ḥanina ben] Antigonos, the clothing of the wife of a fellow and the life of a vulgar; the clothing of the wife of a fellow has precedence over the life of a vulgar because of the dignity of the fellow. He only said that the clothing of the wife of a fellow was like the life of the fellow. But if there was one to be kept alive and one for clothing, the one to be kept alive has precedence.

“Between his lost property and his father’s lost property, his own has precedence. Between his lost property and his teacher’s lost property, his own has precedence. Between his father’s lost property and his teacher’s lost property, his teacher’s lost property has precedence, for his father brought him to the life of this world, but his teacher who taught him wisdom brought him to the life of the future world.” The teacher who taught him (Mishnah) [wisdom], not the teacher who taught him Scripture. “But if his father was his teacher’s equal, his father’s lost property has precedence.”

“Between his lost property and his father’s lost property, his own has precedence. Between his lost property and his teacher’s lost property, his own has precedence. Between his father’s lost property and his teacher’s lost property, his teacher’s lost property has precedence, for his father brought him to the life of this world, but his teacher who taught him wisdom brought him to the life of the future world.” The teacher who taught him (Mishnah) [wisdom], not the teacher who taught him Scripture. “But if his father was his teacher’s equal, his father’s lost property has precedence.”

“Between his lost property and his father’s lost property, his own has precedence. Between his lost property and his teacher’s lost property, his own has precedence. Between his father’s lost property and his teacher’s lost property, his teacher’s lost property has precedence, for his father brought him to the life of this world, but his teacher who taught him wisdom brought him to the life of the future world.” The teacher who taught him (Mishnah) [wisdom], not the teacher who taught him Scripture. “But if his father was his teacher’s equal, his father’s lost property has precedence.”

“Between his lost property and his father’s lost property, his own has precedence. Between his lost property and his teacher’s lost property, his own has precedence. Between his father’s lost property and his teacher’s lost property, his teacher’s lost property has precedence, for his father brought him to the life of this world, but his teacher who taught him wisdom brought him to the life of the future world.” The teacher who taught him (Mishnah) [wisdom], not the teacher who taught him Scripture. “But if his father was his teacher’s equal, his father’s lost property has precedence.”

What does it help? Rebbi Yose ben Rebbi Abun said, if half of his learning was from one and half of his learning from the other. His father’s lost property if half of his learning was from him and his mother’s lost property if she was divorced from his father, which has precedence? Does his father’s have precedence or only if all his learning was from him? His teacher’s lost property if half of his learning was from him and his mother’s lost property if she was divorced from his father, which has precedence? Does his teacher’s have precedence or only if all his learning was from him? His lost property, and his father’s lost property, and his mother’s lost property, and his teacher’s lost property. His own precedes his father’s, his father’s his mother’s, and his mother’s his teacher’s. Is that not a Mishnah, “the man precedes the woman to be kept alive and to return his lost property”? They wanted to say, if his teacher was not there. He comes to tell you, even if his teacher was there. He, and his mother, and his teacher, and his father, were in captivity. He precedes his mother, his mother his teacher, and his teacher his father. Is that not a Mishnah, “but the woman precedes the man for clothing and to be freed from captivity”? They wanted to say, if his teacher was not there. He comes to tell you, even if his teacher was there.

What does it help? Rebbi Yose ben Rebbi Abun said, if half of his learning was from one and half of his learning from the other. His father’s lost property if half of his learning was from him and his mother’s lost property if she was divorced from his father, which has precedence? Does his father’s have precedence or only if all his learning was from him? His teacher’s lost property if half of his learning was from him and his mother’s lost property if she was divorced from his father, which has precedence? Does his teacher’s have precedence or only if all his learning was from him? His lost property, and his father’s lost property, and his mother’s lost property, and his teacher’s lost property. His own precedes his father’s, his father’s his mother’s, and his mother’s his teacher’s. Is that not a Mishnah, “the man precedes the woman to be kept alive and to return his lost property”? They wanted to say, if his teacher was not there. He comes to tell you, even if his teacher was there. He, and his mother, and his teacher, and his father, were in captivity. He precedes his mother, his mother his teacher, and his teacher his father. Is that not a Mishnah, “but the woman precedes the man for clothing and to be freed from captivity”? They wanted to say, if his teacher was not there. He comes to tell you, even if his teacher was there.

What does it help? Rebbi Yose ben Rebbi Abun said, if half of his learning was from one and half of his learning from the other. His father’s lost property if half of his learning was from him and his mother’s lost property if she was divorced from his father, which has precedence? Does his father’s have precedence or only if all his learning was from him? His teacher’s lost property if half of his learning was from him and his mother’s lost property if she was divorced from his father, which has precedence? Does his teacher’s have precedence or only if all his learning was from him? His lost property, and his father’s lost property, and his mother’s lost property, and his teacher’s lost property. His own precedes his father’s, his father’s his mother’s, and his mother’s his teacher’s. Is that not a Mishnah, “the man precedes the woman to be kept alive and to return his lost property”? They wanted to say, if his teacher was not there. He comes to tell you, even if his teacher was there. He, and his mother, and his teacher, and his father, were in captivity. He precedes his mother, his mother his teacher, and his teacher his father. Is that not a Mishnah, “but the woman precedes the man for clothing and to be freed from captivity”? They wanted to say, if his teacher was not there. He comes to tell you, even if his teacher was there.

What does it help? Rebbi Yose ben Rebbi Abun said, if half of his learning was from one and half of his learning from the other. His father’s lost property if half of his learning was from him and his mother’s lost property if she was divorced from his father, which has precedence? Does his father’s have precedence or only if all his learning was from him? His teacher’s lost property if half of his learning was from him and his mother’s lost property if she was divorced from his father, which has precedence? Does his teacher’s have precedence or only if all his learning was from him? His lost property, and his father’s lost property, and his mother’s lost property, and his teacher’s lost property. His own precedes his father’s, his father’s his mother’s, and his mother’s his teacher’s. Is that not a Mishnah, “the man precedes the woman to be kept alive and to return his lost property”? They wanted to say, if his teacher was not there. He comes to tell you, even if his teacher was there. He, and his mother, and his teacher, and his father, were in captivity. He precedes his mother, his mother his teacher, and his teacher his father. Is that not a Mishnah, “but the woman precedes the man for clothing and to be freed from captivity”? They wanted to say, if his teacher was not there. He comes to tell you, even if his teacher was there.

HALAKHAH: “A priest precedes a Levite, a Levite an Israel, an Israel a bastard,” etc. “A Sage has precedence over the king, the king has precedence over the High Priest, the High Priest has precedence over a prophet, a prophet has precedence over the Anointed for War, the Anointed for war has precedence over the head of the watch, the head of the watch has precedence over the [head of a] clan, the [head of a] clan has precedence over the executive officer, the executive officer has precedence over the treasurer, the treasurer has precedence over a common priest, a common priest has precedence over a Levite, a Levite over an Israel, an Israel over a bastard, a bastard over a Gibeonite, a Gibeonite over a proselyte, a proselyte over a manumitted slave. When? If they are all equal. But if the bastard was learned and the High Priest ignorant, the learned bastard precedes the ignorant High Priest.”

HALAKHAH: “A priest precedes a Levite, a Levite an Israel, an Israel a bastard,” etc. “A Sage has precedence over the king, the king has precedence over the High Priest, the High Priest has precedence over a prophet, a prophet has precedence over the Anointed for War, the Anointed for war has precedence over the head of the watch, the head of the watch has precedence over the [head of a] clan, the [head of a] clan has precedence over the executive officer, the executive officer has precedence over the treasurer, the treasurer has precedence over a common priest, a common priest has precedence over a Levite, a Levite over an Israel, an Israel over a bastard, a bastard over a Gibeonite, a Gibeonite over a proselyte, a proselyte over a manumitted slave. When? If they are all equal. But if the bastard was learned and the High Priest ignorant, the learned bastard precedes the ignorant High Priest.”

HALAKHAH: “A priest precedes a Levite, a Levite an Israel, an Israel a bastard,” etc. “A Sage has precedence over the king, the king has precedence over the High Priest, the High Priest has precedence over a prophet, a prophet has precedence over the Anointed for War, the Anointed for war has precedence over the head of the watch, the head of the watch has precedence over the [head of a] clan, the [head of a] clan has precedence over the executive officer, the executive officer has precedence over the treasurer, the treasurer has precedence over a common priest, a common priest has precedence over a Levite, a Levite over an Israel, an Israel over a bastard, a bastard over a Gibeonite, a Gibeonite over a proselyte, a proselyte over a manumitted slave. When? If they are all equal. But if the bastard was learned and the High Priest ignorant, the learned bastard precedes the ignorant High Priest.”

HALAKHAH: “A priest precedes a Levite, a Levite an Israel, an Israel a bastard,” etc. “A Sage has precedence over the king, the king has precedence over the High Priest, the High Priest has precedence over a prophet, a prophet has precedence over the Anointed for War, the Anointed for war has precedence over the head of the watch, the head of the watch has precedence over the [head of a] clan, the [head of a] clan has precedence over the executive officer, the executive officer has precedence over the treasurer, the treasurer has precedence over a common priest, a common priest has precedence over a Levite, a Levite over an Israel, an Israel over a bastard, a bastard over a Gibeonite, a Gibeonite over a proselyte, a proselyte over a manumitted slave. When? If they are all equal. But if the bastard was learned and the High Priest ignorant, the learned bastard precedes the ignorant High Priest.”

HALAKHAH: “A priest precedes a Levite, a Levite an Israel, an Israel a bastard,” etc. “A Sage has precedence over the king, the king has precedence over the High Priest, the High Priest has precedence over a prophet, a prophet has precedence over the Anointed for War, the Anointed for war has precedence over the head of the watch, the head of the watch has precedence over the [head of a] clan, the [head of a] clan has precedence over the executive officer, the executive officer has precedence over the treasurer, the treasurer has precedence over a common priest, a common priest has precedence over a Levite, a Levite over an Israel, an Israel over a bastard, a bastard over a Gibeonite, a Gibeonite over a proselyte, a proselyte over a manumitted slave. When? If they are all equal. But if the bastard was learned and the High Priest ignorant, the learned bastard precedes the ignorant High Priest.”

HALAKHAH: “A priest precedes a Levite, a Levite an Israel, an Israel a bastard,” etc. “A Sage has precedence over the king, the king has precedence over the High Priest, the High Priest has precedence over a prophet, a prophet has precedence over the Anointed for War, the Anointed for war has precedence over the head of the watch, the head of the watch has precedence over the [head of a] clan, the [head of a] clan has precedence over the executive officer, the executive officer has precedence over the treasurer, the treasurer has precedence over a common priest, a common priest has precedence over a Levite, a Levite over an Israel, an Israel over a bastard, a bastard over a Gibeonite, a Gibeonite over a proselyte, a proselyte over a manumitted slave. When? If they are all equal. But if the bastard was learned and the High Priest ignorant, the learned bastard precedes the ignorant High Priest.”

HALAKHAH: “A priest precedes a Levite, a Levite an Israel, an Israel a bastard,” etc. “A Sage has precedence over the king, the king has precedence over the High Priest, the High Priest has precedence over a prophet, a prophet has precedence over the Anointed for War, the Anointed for war has precedence over the head of the watch, the head of the watch has precedence over the [head of a] clan, the [head of a] clan has precedence over the executive officer, the executive officer has precedence over the treasurer, the treasurer has precedence over a common priest, a common priest has precedence over a Levite, a Levite over an Israel, an Israel over a bastard, a bastard over a Gibeonite, a Gibeonite over a proselyte, a proselyte over a manumitted slave. When? If they are all equal. But if the bastard was learned and the High Priest ignorant, the learned bastard precedes the ignorant High Priest.”

HALAKHAH: “A priest precedes a Levite, a Levite an Israel, an Israel a bastard,” etc. “A Sage has precedence over the king, the king has precedence over the High Priest, the High Priest has precedence over a prophet, a prophet has precedence over the Anointed for War, the Anointed for war has precedence over the head of the watch, the head of the watch has precedence over the [head of a] clan, the [head of a] clan has precedence over the executive officer, the executive officer has precedence over the treasurer, the treasurer has precedence over a common priest, a common priest has precedence over a Levite, a Levite over an Israel, an Israel over a bastard, a bastard over a Gibeonite, a Gibeonite over a proselyte, a proselyte over a manumitted slave. When? If they are all equal. But if the bastard was learned and the High Priest ignorant, the learned bastard precedes the ignorant High Priest.”

HALAKHAH: “A priest precedes a Levite, a Levite an Israel, an Israel a bastard,” etc. “A Sage has precedence over the king, the king has precedence over the High Priest, the High Priest has precedence over a prophet, a prophet has precedence over the Anointed for War, the Anointed for war has precedence over the head of the watch, the head of the watch has precedence over the [head of a] clan, the [head of a] clan has precedence over the executive officer, the executive officer has precedence over the treasurer, the treasurer has precedence over a common priest, a common priest has precedence over a Levite, a Levite over an Israel, an Israel over a bastard, a bastard over a Gibeonite, a Gibeonite over a proselyte, a proselyte over a manumitted slave. When? If they are all equal. But if the bastard was learned and the High Priest ignorant, the learned bastard precedes the ignorant High Priest.”

HALAKHAH: “A priest precedes a Levite, a Levite an Israel, an Israel a bastard,” etc. “A Sage has precedence over the king, the king has precedence over the High Priest, the High Priest has precedence over a prophet, a prophet has precedence over the Anointed for War, the Anointed for war has precedence over the head of the watch, the head of the watch has precedence over the [head of a] clan, the [head of a] clan has precedence over the executive officer, the executive officer has precedence over the treasurer, the treasurer has precedence over a common priest, a common priest has precedence over a Levite, a Levite over an Israel, an Israel over a bastard, a bastard over a Gibeonite, a Gibeonite over a proselyte, a proselyte over a manumitted slave. When? If they are all equal. But if the bastard was learned and the High Priest ignorant, the learned bastard precedes the ignorant High Priest.”

“A Sage has precedence over the king.” If a Sage dies, we do not have a replacement. If a king dies, all of Israel are qualified for the kingdom.

The king has precedence over the High Priest, as it is written: You shall let my son Solomon ride, etc. The High Priest over the prophet, as it is written: There, Ṣadoq the Priest and Nathan the Prophet shall anoint him as king, etc. He mentioned Ṣadoq before Nathan. Rebbi Jonah in the name of Rebbi Ḥama bar Ḥanina: The prophet folds his hands and feet and sits before the High Priest. What is his reason? Listen, Joshua the High Priest, you and your friends who are sitting before you. I could think that they were common people; the verse says, because they are men of miracle, and “miracle” only means prophecy, as you say, and he gave you a sign or a miracle.

“A prophet has precedence over the Anointed for War, the Anointed for War has precedence over the head of the watch, the head of the watch has precedence over the head of a clan, the head of a clan has precedence over the executive officer, the executive officer has precedence over the treasurer, the treasurer has precedence over a common priest, a common priest has precedence over a Levite, a Levite over an Israel (an Israel over a bastard).” Is not the Levite equal [to an Israel]? Rebbi Abun said, this was taught in the days of the podium. Rebbi Abun said, a proselyte and an apostate, the apostate has preference because of what had happened. “Why does everybody run after a proselyte woman, but not after a freedwoman? For the proselyte is presumed to have been guarding herself but the freedwoman is presumed to be irresponsible.” And why does everybody (run after a rat) [inquire after a slave]? Because his dealings are bad for people. Rebbi Joḥanan said, do not believe a slave up to sixteen generations. Ismael ben Netaniah ben Elishama of royal descent came and slew Gedaliahu at Miṣpah.

“A prophet has precedence over the Anointed for War, the Anointed for War has precedence over the head of the watch, the head of the watch has precedence over the head of a clan, the head of a clan has precedence over the executive officer, the executive officer has precedence over the treasurer, the treasurer has precedence over a common priest, a common priest has precedence over a Levite, a Levite over an Israel (an Israel over a bastard).” Is not the Levite equal [to an Israel]? Rebbi Abun said, this was taught in the days of the podium. Rebbi Abun said, a proselyte and an apostate, the apostate has preference because of what had happened. “Why does everybody run after a proselyte woman, but not after a freedwoman? For the proselyte is presumed to have been guarding herself but the freedwoman is presumed to be irresponsible.” And why does everybody (run after a rat) [inquire after a slave]? Because his dealings are bad for people. Rebbi Joḥanan said, do not believe a slave up to sixteen generations. Ismael ben Netaniah ben Elishama of royal descent came and slew Gedaliahu at Miṣpah.

“A prophet has precedence over the Anointed for War, the Anointed for War has precedence over the head of the watch, the head of the watch has precedence over the head of a clan, the head of a clan has precedence over the executive officer, the executive officer has precedence over the treasurer, the treasurer has precedence over a common priest, a common priest has precedence over a Levite, a Levite over an Israel (an Israel over a bastard).” Is not the Levite equal [to an Israel]? Rebbi Abun said, this was taught in the days of the podium. Rebbi Abun said, a proselyte and an apostate, the apostate has preference because of what had happened. “Why does everybody run after a proselyte woman, but not after a freedwoman? For the proselyte is presumed to have been guarding herself but the freedwoman is presumed to be irresponsible.” And why does everybody (run after a rat) [inquire after a slave]? Because his dealings are bad for people. Rebbi Joḥanan said, do not believe a slave up to sixteen generations. Ismael ben Netaniah ben Elishama of royal descent came and slew Gedaliahu at Miṣpah.

“A prophet has precedence over the Anointed for War, the Anointed for War has precedence over the head of the watch, the head of the watch has precedence over the head of a clan, the head of a clan has precedence over the executive officer, the executive officer has precedence over the treasurer, the treasurer has precedence over a common priest, a common priest has precedence over a Levite, a Levite over an Israel (an Israel over a bastard).” Is not the Levite equal [to an Israel]? Rebbi Abun said, this was taught in the days of the podium. Rebbi Abun said, a proselyte and an apostate, the apostate has preference because of what had happened. “Why does everybody run after a proselyte woman, but not after a freedwoman? For the proselyte is presumed to have been guarding herself but the freedwoman is presumed to be irresponsible.” And why does everybody (run after a rat) [inquire after a slave]? Because his dealings are bad for people. Rebbi Joḥanan said, do not believe a slave up to sixteen generations. Ismael ben Netaniah ben Elishama of royal descent came and slew Gedaliahu at Miṣpah.

“A prophet has precedence over the Anointed for War, the Anointed for War has precedence over the head of the watch, the head of the watch has precedence over the head of a clan, the head of a clan has precedence over the executive officer, the executive officer has precedence over the treasurer, the treasurer has precedence over a common priest, a common priest has precedence over a Levite, a Levite over an Israel (an Israel over a bastard).” Is not the Levite equal [to an Israel]? Rebbi Abun said, this was taught in the days of the podium. Rebbi Abun said, a proselyte and an apostate, the apostate has preference because of what had happened. “Why does everybody run after a proselyte woman, but not after a freedwoman? For the proselyte is presumed to have been guarding herself but the freedwoman is presumed to be irresponsible.” And why does everybody (run after a rat) [inquire after a slave]? Because his dealings are bad for people. Rebbi Joḥanan said, do not believe a slave up to sixteen generations. Ismael ben Netaniah ben Elishama of royal descent came and slew Gedaliahu at Miṣpah.

“A prophet has precedence over the Anointed for War, the Anointed for War has precedence over the head of the watch, the head of the watch has precedence over the head of a clan, the head of a clan has precedence over the executive officer, the executive officer has precedence over the treasurer, the treasurer has precedence over a common priest, a common priest has precedence over a Levite, a Levite over an Israel (an Israel over a bastard).” Is not the Levite equal [to an Israel]? Rebbi Abun said, this was taught in the days of the podium. Rebbi Abun said, a proselyte and an apostate, the apostate has preference because of what had happened. “Why does everybody run after a proselyte woman, but not after a freedwoman? For the proselyte is presumed to have been guarding herself but the freedwoman is presumed to be irresponsible.” And why does everybody (run after a rat) [inquire after a slave]? Because his dealings are bad for people. Rebbi Joḥanan said, do not believe a slave up to sixteen generations. Ismael ben Netaniah ben Elishama of royal descent came and slew Gedaliahu at Miṣpah.

“A prophet has precedence over the Anointed for War, the Anointed for War has precedence over the head of the watch, the head of the watch has precedence over the head of a clan, the head of a clan has precedence over the executive officer, the executive officer has precedence over the treasurer, the treasurer has precedence over a common priest, a common priest has precedence over a Levite, a Levite over an Israel (an Israel over a bastard).” Is not the Levite equal [to an Israel]? Rebbi Abun said, this was taught in the days of the podium. Rebbi Abun said, a proselyte and an apostate, the apostate has preference because of what had happened. “Why does everybody run after a proselyte woman, but not after a freedwoman? For the proselyte is presumed to have been guarding herself but the freedwoman is presumed to be irresponsible.” And why does everybody (run after a rat) [inquire after a slave]? Because his dealings are bad for people. Rebbi Joḥanan said, do not believe a slave up to sixteen generations. Ismael ben Netaniah ben Elishama of royal descent came and slew Gedaliahu at Miṣpah.

Rebbi Joshua ben Levi said: A head and an Elder, the (Elder) [head] has precedence, for nobody is a head if he is not an Elder. What is his reason? All of you are standing today, etc. Joshua assembled all Elders of Israel at Sichem. Moses preferred heads over Elders; Joshua preferred Elders over heads. Moses preferred heads over Elders because all were his students. Joshua preferred Elders over heads because not all were his students. Moses preferred heads over Elders because he did not need them in conquering the Land; Joshua preferred Elders over heads because be needed them in conquering the Land. Moses preferred heads over Elders because he needed no exertion in the study of Torah, Joshua preferred Elders over heads because he had to exert himself in the study of Torah. Rebbi Joshua of Sikhnin in the name of Rebbi Levi: Moses preferred heads over Elders because he saw by the Holy Ghost that in the future Israel will be (reasonable) [in trouble] with governments and their heads will stand up for them.

It was stated: The systematizer has precedence over the dialectician. Rebbi Samuel, Rebbi Berekhia’s brother, asked: Even like Rebbi Immi? He told him, what do you want from Rebbi Immi? He is a dialectician. This means, the Mishnah has precedence over Scripture. The following supports this, as Rebbi Simeon ben Ioḥai stated, one who studies Scripture is a qualification which is not a qualification. But the rabbis consider Scripture equally with the Mishnah. Rebbi Samuel bar Naḥman said, the Mishnah has precedence over the Talmud. What is the reason? Acquire wisdom, acquire understanding, etc. Rebbi Joḥanan said, the Talmud has precedence over the Mishnah. What is the reason? Is acquiring wisdom not better than pure gold? How does Rebbi Joḥanan explain Rebbi Samuel bar Naḥman’s reason? Water is cheap, wine is expensive. It is possible for the world to exist without wine; it is impossible for the world to exist without water. How does Rebbi Samuel bar Naḥman explain Rebbi Joḥanan’s reason? Salt is cheap, pepper is expensive. It is possible for the world to exist without pepper; it is impossible for the world to exist without salt. Always pursue the Mishnah more than the Talmud. That is, before Rebbi incorporated most Mishnaiot into it. But since Rebbi incorporated most Mishnaiot into it, pursue the Talmud more than the Mishnah.

It was stated: The systematizer has precedence over the dialectician. Rebbi Samuel, Rebbi Berekhia’s brother, asked: Even like Rebbi Immi? He told him, what do you want from Rebbi Immi? He is a dialectician. This means, the Mishnah has precedence over Scripture. The following supports this, as Rebbi Simeon ben Ioḥai stated, one who studies Scripture is a qualification which is not a qualification. But the rabbis consider Scripture equally with the Mishnah. Rebbi Samuel bar Naḥman said, the Mishnah has precedence over the Talmud. What is the reason? Acquire wisdom, acquire understanding, etc. Rebbi Joḥanan said, the Talmud has precedence over the Mishnah. What is the reason? Is acquiring wisdom not better than pure gold? How does Rebbi Joḥanan explain Rebbi Samuel bar Naḥman’s reason? Water is cheap, wine is expensive. It is possible for the world to exist without wine; it is impossible for the world to exist without water. How does Rebbi Samuel bar Naḥman explain Rebbi Joḥanan’s reason? Salt is cheap, pepper is expensive. It is possible for the world to exist without pepper; it is impossible for the world to exist without salt. Always pursue the Mishnah more than the Talmud. That is, before Rebbi incorporated most Mishnaiot into it. But since Rebbi incorporated most Mishnaiot into it, pursue the Talmud more than the Mishnah.

It was stated: The systematizer has precedence over the dialectician. Rebbi Samuel, Rebbi Berekhia’s brother, asked: Even like Rebbi Immi? He told him, what do you want from Rebbi Immi? He is a dialectician. This means, the Mishnah has precedence over Scripture. The following supports this, as Rebbi Simeon ben Ioḥai stated, one who studies Scripture is a qualification which is not a qualification. But the rabbis consider Scripture equally with the Mishnah. Rebbi Samuel bar Naḥman said, the Mishnah has precedence over the Talmud. What is the reason? Acquire wisdom, acquire understanding, etc. Rebbi Joḥanan said, the Talmud has precedence over the Mishnah. What is the reason? Is acquiring wisdom not better than pure gold? How does Rebbi Joḥanan explain Rebbi Samuel bar Naḥman’s reason? Water is cheap, wine is expensive. It is possible for the world to exist without wine; it is impossible for the world to exist without water. How does Rebbi Samuel bar Naḥman explain Rebbi Joḥanan’s reason? Salt is cheap, pepper is expensive. It is possible for the world to exist without pepper; it is impossible for the world to exist without salt. Always pursue the Mishnah more than the Talmud. That is, before Rebbi incorporated most Mishnaiot into it. But since Rebbi incorporated most Mishnaiot into it, pursue the Talmud more than the Mishnah.

It was stated: The systematizer has precedence over the dialectician. Rebbi Samuel, Rebbi Berekhia’s brother, asked: Even like Rebbi Immi? He told him, what do you want from Rebbi Immi? He is a dialectician. This means, the Mishnah has precedence over Scripture. The following supports this, as Rebbi Simeon ben Ioḥai stated, one who studies Scripture is a qualification which is not a qualification. But the rabbis consider Scripture equally with the Mishnah. Rebbi Samuel bar Naḥman said, the Mishnah has precedence over the Talmud. What is the reason? Acquire wisdom, acquire understanding, etc. Rebbi Joḥanan said, the Talmud has precedence over the Mishnah. What is the reason? Is acquiring wisdom not better than pure gold? How does Rebbi Joḥanan explain Rebbi Samuel bar Naḥman’s reason? Water is cheap, wine is expensive. It is possible for the world to exist without wine; it is impossible for the world to exist without water. How does Rebbi Samuel bar Naḥman explain Rebbi Joḥanan’s reason? Salt is cheap, pepper is expensive. It is possible for the world to exist without pepper; it is impossible for the world to exist without salt. Always pursue the Mishnah more than the Talmud. That is, before Rebbi incorporated most Mishnaiot into it. But since Rebbi incorporated most Mishnaiot into it, pursue the Talmud more than the Mishnah.

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 livelihood, and for clothing, but not for the Academy. Rebbi Abun 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.]

There is a teaching : R. Simeon b. Johai says : It is right that precedence should be given to "Hear O Israel" over "And it shall come to pass," because the former speaks of learning, the latter of teaching; and to "It shall come to pass" over "And the Lord spake," because the former speaks of teaching and the latter of performing.

Nay; but this is what he means to say : It is right that precedence should be given to "Hear O Israel" over "And it shall come to pass," because the former contains a reference to learning, teaching and performing ; and to "And it shall come to pass" over "And the Lord spake," because the former contains a reference to teaching and performing, whereas "And the Lord spake" refers only to performing.

Is it not that they differed in the following point : He who said the benediction thought that for cooked vegetables and poultry it is "...By Whose word all things exist," and therefore what is best liked is to be preferred [for the benediction] ; but he who laughed thought that for cooked vegetables it is "...Who createst the fruit of the ground" and for poultry "...By Whose word all things exist," and therefore the fruit should be given precedence ?

No ; they both agreed that for cooked vegetables and poultry it is "...By Whose word all things exist" ; and here they differed on the following point : One thought that what is best liked is to be preferred [for the benediction], whereas the other thought that the cabbage should receive precedence

for Rab Joseph (another version : R. Isaac) said : Whatever is given precedence in the Scriptural verse must take precedence for the benediction ; as it is said, "A land of wheat and barley, and vines and fig-trees and pomegranates, a land of olive trees and honey" (Deut. viii. 8).

for Rab Joseph (another version : R. Isaac) said : Whatever is given precedence in the Scriptural verse must take precedence for the benediction ; as it is said, "A land of wheat and barley, and vines and fig-trees and pomegranates, a land of olive trees and honey" (Deut. viii. 8).

Rab Hisda and Rab Hamnuna were sitting at a meal, when dates and pomegranates were set before them. Rab Hamnuna took and pronounced the benediction over the dates first. Rab Hisda said to him, "Does not the master agree with the statement of Rab Joseph (another version : R. Isaac), viz. : That which is given precedence in the verse (Deut. viii. 8) must precede for the benediction?"

But Bet Hillel say : One pronounces the benediction over the wine and then over the day, because the wine causes the Sanctification to be said. Another reason is : The benediction over the wine is constant but that over the day is not constant, and when we have that which is constant and not constant, the former takes precedence. The Halakah is in agreement with Bet Hillel.

Why is this other reason necessary ? Shouldest thou say that there [Bet Shammai offer] two reasons but here [Bet Hillel offer] only one, therefore here also we have two reasons. "The benediction over the wine is constant but that over the day is not constant, and when we have that which is constant and not constant, the former takes precedence.

R. Safra replied: What is meant by “supersedes”? It supersedes it to be recited first. But why? That which is frequent takes precedence over that which is not frequent?

Beth Shammai says that one recites the blessing of the day and then the blessing over the wine since it is the day which causes the wine to be brought and the day has been sanctified before the wine was brought. Whereas Bet Hillel says that one recites the blessing over the wine first and then the blessing of the day, since the wine is the cause of the sanctification being recited. Another reason: The blessing over wine is frequent,and the blessing of the day is infrequent,and that which is frequent takes precedence over that which is infrequent.

The collectors of charity funds used to hide themselves whenever they saw Eleazar of the village of Bartota, because he was in the habit of giving them everything he happened to possess. One day he was going to the market in order to buy a wedding outfit for his daughter, when the collectors espied him and tried to hide themselves. Eleazar, however, followed them and said: "I adjure you to tell me for what purpose you are collecting?" "For a marriage between an orphaned boy and an orphaned girl," they replied. "By the Service of the Temple! they have precedence over my daughter," exclaimed he, and putting together all that he had, he gave it to them, except one zuz that remained in his possession. For this he bought wheat and deposited it in the granary. Thereupon his wife inquired of her daughter what her father had brought her. "All that he brought he took up to the granary," the daughter replied. The wife then went up to the granary and found it full of wheat, to the extent that it came through the door hinges. When Eleazar returned from the Bet ha-Midrash, she said to him, "Come and see what thy Friend (God) has done for thee!" Said he: "By the service of the Temple! This wheat shall be sacred property and thy share in it shall not be more than that of any among the poor of Israel."

As between the study of the Torah and attending to a met mitzvah, attending to a met mitzvah takes precedence, since it has been taught: The study of the Torah may be neglected in order to take out a dead body or to bring a bride to the canopy. As between the Temple service and attending to a met mitzvah, attending to a met mitzvah takes precedence,

As between the study of the Torah and attending to a met mitzvah, attending to a met mitzvah takes precedence, since it has been taught: The study of the Torah may be neglected in order to take out a dead body or to bring a bride to the canopy. As between the Temple service and attending to a met mitzvah, attending to a met mitzvah takes precedence,

Rava asked: Is between the reading of the Megillah and [attending to] a met mitzvah, which takes precedence? Shall I say that the reading of the Megillah takes precedence in order to publicize the miracle, or does perhaps [the burying of] the met mitzvah take precedence because of the respect due to human beings? After he asked the question, he himself answered it saying, Burying] the met mitzvah takes precedence, since a Master has said: Great is the [obligation to pay due] respect to human beings, since it overrides a negative precept of the Torah.

Rava asked: Is between the reading of the Megillah and [attending to] a met mitzvah, which takes precedence? Shall I say that the reading of the Megillah takes precedence in order to publicize the miracle, or does perhaps [the burying of] the met mitzvah take precedence because of the respect due to human beings? After he asked the question, he himself answered it saying, Burying] the met mitzvah takes precedence, since a Master has said: Great is the [obligation to pay due] respect to human beings, since it overrides a negative precept of the Torah.

Rava asked: Is between the reading of the Megillah and [attending to] a met mitzvah, which takes precedence? Shall I say that the reading of the Megillah takes precedence in order to publicize the miracle, or does perhaps [the burying of] the met mitzvah take precedence because of the respect due to human beings? After he asked the question, he himself answered it saying, Burying] the met mitzvah takes precedence, since a Master has said: Great is the [obligation to pay due] respect to human beings, since it overrides a negative precept of the Torah.

Rava asked: Is between the reading of the Megillah and [attending to] a met mitzvah, which takes precedence? Shall I say that the reading of the Megillah takes precedence in order to publicize the miracle, or does perhaps [the burying of] the met mitzvah take precedence because of the respect due to human beings? After he asked the question, he himself answered it saying, Burying] the met mitzvah takes precedence, since a Master has said: Great is the [obligation to pay due] respect to human beings, since it overrides a negative precept of the Torah.

I can understand that R. Huna read as kohen, because even R. Assi and R. Ammi who were important kohanim of Eretz Israel were subject to the authority of R. Huna. But as for Rav, there was Shmuel, who was a kohen and who took precedence over him?

R. Mani said: The opinion of R. Isaac Nappaha is the more reasonable, because when it is a question between the frequent and the infrequent, the frequent takes precedence.