presumed

But they presumed to go up unto the hill top: nevertheless the ark of the covenant of the LORD, and Moses, departed not out of the camp.

Now as he was there present himself with his guard about the treasury, the Lord of spirits, and the Prince of all power, caused a great apparition, so that all that presumed to come in with him were astonished at the power of God, and fainted, and were sore afraid.

Yet was he not content with this, but presumed to go into the most holy temple of all the world; Menelaus, that traitor to the laws, and to his own country, being his guide:

If ancient illustrations of faith which both testify to God’s grace and tend to man’s edification are collected in writing, so that by the perusal of them, as if by the reproduction of the facts, as well God may be honoured, as man may be strengthened; why should not new instances be also collected, that shall be equally suitable for both purposes,—if only on the ground that these modern examples will one day become ancient and available for posterity, although in their present time they are esteemed of less authority, by reason of the presumed veneration for antiquity? But let men look to it, if they judge the power of the Holy Spirit to be one, according to the times and seasons; since some things of later date must be esteemed of more account as being nearer to the very last times, in accordance with the exuberance of grace manifested to the final periods determined for the world. For “in the last days, saith the Lord, I will pour out of my Spirit upon all flesh; and their sons and their daughters shall prophesy. And upon my servants and my handmaidens will I pour out of my Spirit; and your young men shall see visions, and your old men shall dream dreams.” And thus we—who both acknowledge and reverence, even as we do the prophecies, modern visions as equally promised to us, and consider the other powers of the Holy Spirit as an agency of the Church for which also He was sent, administering all gifts in all, even as the Lord distributed to every one as well needfully collect them in writing, as commemorate them in reading to God’s glory; that so no weakness or despondency of faith may suppose that the divine grace abode only among the ancients, whether in respect of the condescension that raised up martyrs, or that gave revelations; since God always carries into effect what He has promised, for a testimony to unbelievers, to believers for a benefit. And we therefore, what we have heard and handled, declare also to you, brethren and little children, that as well you who were concerned in these matters may be reminded of them again to the glory of the Lord, as that you who know them by report may have communion with the blessed martyrs, and through them with the Lord Jesus Christ, to whom be glory and honour, for ever and ever. Amen.

And now the multitude were going to rise against them already; for Ananus, the ancientest of the high priests, persuaded them to it. He was a very prudent man, and had perhaps saved the city if he could but have escaped the hands of those that plotted against him. These men made the temple of God a strong hold for them, and a place whither they might resort, in order to avoid the troubles they feared from the people; the sanctuary was now become a refuge, and a shop of tyranny. They also mixed jesting among the miseries they introduced, which was more intolerable than what they did; for in order to try what surprise the people would be under, and how far their own power extended, they undertook to dispose of the high priesthood by casting lots for it, whereas, as we have said already, it was to descend by succession in a family. The pretense they made for this strange attempt was an ancient practice, while they said that of old it was determined by lot; but in truth, it was no better than a dissolution of an undeniable law, and a cunning contrivance to seize upon the government, derived from those that presumed to appoint governors as they themselves pleased.

If he immersed for unconsecrated [food], and was presumed to be fit to eat unconsecrated [food], he is prohibited from [eating second] tithe. If he immersed for [second] tithe, and was presumed to be fit to eat [second] tithe, he is prohibited from [eating] terumah. If he immersed for terumah, and was presumed to be fit to eat terumah, he is prohibited from [eating] holy things. If he immersed for holy things, and was presumed to be fit to eat holy things he is prohibited from [touching the waters of] purification. If one immersed for something possessing a stricter [degree of holiness], one is permitted [to have contact with] something possessing a lighter [degree of holiness]. If he immersed but without special intention, it is as though he had not immersed.

If he immersed for unconsecrated [food], and was presumed to be fit to eat unconsecrated [food], he is prohibited from [eating second] tithe. If he immersed for [second] tithe, and was presumed to be fit to eat [second] tithe, he is prohibited from [eating] terumah. If he immersed for terumah, and was presumed to be fit to eat terumah, he is prohibited from [eating] holy things. If he immersed for holy things, and was presumed to be fit to eat holy things he is prohibited from [touching the waters of] purification. If one immersed for something possessing a stricter [degree of holiness], one is permitted [to have contact with] something possessing a lighter [degree of holiness]. If he immersed but without special intention, it is as though he had not immersed.

If he immersed for unconsecrated [food], and was presumed to be fit to eat unconsecrated [food], he is prohibited from [eating second] tithe. If he immersed for [second] tithe, and was presumed to be fit to eat [second] tithe, he is prohibited from [eating] terumah. If he immersed for terumah, and was presumed to be fit to eat terumah, he is prohibited from [eating] holy things. If he immersed for holy things, and was presumed to be fit to eat holy things he is prohibited from [touching the waters of] purification. If one immersed for something possessing a stricter [degree of holiness], one is permitted [to have contact with] something possessing a lighter [degree of holiness]. If he immersed but without special intention, it is as though he had not immersed.

If he immersed for unconsecrated [food], and was presumed to be fit to eat unconsecrated [food], he is prohibited from [eating second] tithe. If he immersed for [second] tithe, and was presumed to be fit to eat [second] tithe, he is prohibited from [eating] terumah. If he immersed for terumah, and was presumed to be fit to eat terumah, he is prohibited from [eating] holy things. If he immersed for holy things, and was presumed to be fit to eat holy things he is prohibited from [touching the waters of] purification. If one immersed for something possessing a stricter [degree of holiness], one is permitted [to have contact with] something possessing a lighter [degree of holiness]. If he immersed but without special intention, it is as though he had not immersed.

Three statements were made by Rabbi Elazar ben Parta before the Sages, and they upheld his words. About [people in] a besieged town; And about [people on] a ship listing at sea; And a person who has been brought to court [in a capital case] that they are presumed to be alive. [However, concerning people] in a besieged town which has been captured; Or [people in] a ship which has been lost at sea; Or a person who has been led out to execution we put upon them all of the stringencies of their being alive and all of the stringencies of their being dead. The daughter of an Israelite who has married a priest or the daughter of a priest who has married an Israelite may not eat of the terumah.

If the wall of a courtyard fell down they obligate each of the partners to help in building it up to a height of four cubits. He is presumed to have paid [his share] unless the other brings proof that he has not paid. [If the fence was built] four cubits or higher, they do not obligate him [to help in building it.] If [the one who did not contribute] built another wall near it, even if he did not put a roof upon it, they obligate him to share in all of the costs. He is presumed not to have paid [his share] unless he brings proof that he has.

If the wall of a courtyard fell down they obligate each of the partners to help in building it up to a height of four cubits. He is presumed to have paid [his share] unless the other brings proof that he has not paid. [If the fence was built] four cubits or higher, they do not obligate him [to help in building it.] If [the one who did not contribute] built another wall near it, even if he did not put a roof upon it, they obligate him to share in all of the costs. He is presumed not to have paid [his share] unless he brings proof that he has.

If a non-Jew was transporting jars of wine together with a Jew from place to place, and it was presumed that [the wine] was under guard, it is permitted. But if [the Jew] informed him that he was going away [and he was absent a length of time] sufficient for the other to bore a hole [in a jar], stop it up and [the sealing clay] to become dry, [the wine is prohibited]. Rabban Shimon ben Gamaliel says: [a length of time] sufficient for him to open a cask, put a new stopper on and [the new stopper] to become dry.

If a deaf-mute, a person not of sound senses, or a minor was found in an alley way that contained something that was unclean, he is presumed to be clean. But any one of sound senses is presumed to be unclean. And anyone/anything that lacks understanding to be inquired of is in a case of doubtful uncleanness presumed to be clean.

If a deaf-mute, a person not of sound senses, or a minor was found in an alley way that contained something that was unclean, he is presumed to be clean. But any one of sound senses is presumed to be unclean. And anyone/anything that lacks understanding to be inquired of is in a case of doubtful uncleanness presumed to be clean.

If a deaf-mute, a person not of sound senses, or a minor was found in an alley way that contained something that was unclean, he is presumed to be clean. But any one of sound senses is presumed to be unclean. And anyone/anything that lacks understanding to be inquired of is in a case of doubtful uncleanness presumed to be clean.

If a mikveh was measured and was found lacking [in its prescribed quantity], all things which had been purified in it, whether in private domain or in a public domain, are accounted unclean retroactively. To what does this rule apply? To a serious uncleanness. But in the case of a lesser uncleanness, for instance if he ate unclean foods or drank unclean liquids, or if his head and the greater part of his body entered into drawn water, or if three logs of drawn water fell on his head and the greater part of his body, and he then went down to immerse himself and he is in doubt whether he immersed himself or not, or even if he did immerse himself there is [still] a doubt whether the mikveh contained forty seahs or not, or if there were two mikvehs, one containing forty seahs and not the other, and he immersed himself in one of them but does not know in which of them he immersed himself, in such a doubt he is accounted clean. Rabbi Yose considers him unclean, for Rabbi Yose says: anything which is presumed to be unclean always remains in a condition of unfitness until it is known that it has become clean; but if there is a doubt whether a person became unclean or caused uncleanness, it is to be accounted clean.

The sages spoke of a woman through a metaphor: A chamber, a vestibule and an upper chamber. The blood of the chamber is unclean, If blood is found in the vestibule, and there arises a doubt about its character, it is deemed unclean, because it is presumed to have come from the source.

Throughout all the eleven days a woman is in a presumption of cleanness. If she did not examine herself if this was unwittingly, under duress or intentionally, she is clean. If the time of her regular period arrived and she did not examine herself she is unclean. Rabbi Meir says: if a woman was in a hiding place when the time of her regular period arrived and she didn't examine herself she is clean, because fear suspends the flow of blood. But during the days prescribed for a zav or a zavah or for one who waits day against day, these are presumed to be unclean.

If three women slept in one bed, and blood was found under the middle one, they are all unclean. If it was found under the inner one, the two inner ones are unclean while the outer one is clean. If it was found under the outer one, the two outer ones are unclean while the inner one is clean. Rabbi Judah said: when is this so? When they passed by way of the foot of the bed, but if they passed across it, they are all unclean. If one of them examined herself and was found clean, she remains clean while the two others are unclean. If two examined themselves and were found to be clean they remain clean while the third is unclean. If the three examined themselves and were found to be clean, they are all unclean. To what may this be compared? To an unclean heap that was mixed up with two clean heaps: If they examined one of them and found it to be clean, it is clean while the two others are unclean; If they examined two of the heaps and found them to be clean, they are clean while the third one is unclean; And if they examined the three and they were all found to be clean, they are all unclean, the words of Rabbi Meir, For Rabbi Meir used to say: any object that is presumed to be unclean remains unclean until it is known to you where the uncleanness is. But the sages say: one continues the examination of the heap until one reaches bedrock or virgin soil.

All eggs are presumed to be clean except those of sellers of liquids. But if they sold with them dry produce, they are clean. All fish are presumed unclean. Rabbi Judah says: pieces of aylatit and Egyptian fish which arrives in a basket, and Spanish tunny, these may be presumed clean. All kinds of brine may be presumed unclean. Concerning all these an am ha-aretz may be trusted when he declares them to be clean, except in the case of small fish, since they are usually stored with any am ha-aretz. Rabbi Eliezer ben Jacob says: clean brine into which water fell in any quantity must be deemed unclean.

All eggs are presumed to be clean except those of sellers of liquids. But if they sold with them dry produce, they are clean. All fish are presumed unclean. Rabbi Judah says: pieces of aylatit and Egyptian fish which arrives in a basket, and Spanish tunny, these may be presumed clean. All kinds of brine may be presumed unclean. Concerning all these an am ha-aretz may be trusted when he declares them to be clean, except in the case of small fish, since they are usually stored with any am ha-aretz. Rabbi Eliezer ben Jacob says: clean brine into which water fell in any quantity must be deemed unclean.

All eggs are presumed to be clean except those of sellers of liquids. But if they sold with them dry produce, they are clean. All fish are presumed unclean. Rabbi Judah says: pieces of aylatit and Egyptian fish which arrives in a basket, and Spanish tunny, these may be presumed clean. All kinds of brine may be presumed unclean. Concerning all these an am ha-aretz may be trusted when he declares them to be clean, except in the case of small fish, since they are usually stored with any am ha-aretz. Rabbi Eliezer ben Jacob says: clean brine into which water fell in any quantity must be deemed unclean.

All eggs are presumed to be clean except those of sellers of liquids. But if they sold with them dry produce, they are clean. All fish are presumed unclean. Rabbi Judah says: pieces of aylatit and Egyptian fish which arrives in a basket, and Spanish tunny, these may be presumed clean. All kinds of brine may be presumed unclean. Concerning all these an am ha-aretz may be trusted when he declares them to be clean, except in the case of small fish, since they are usually stored with any am ha-aretz. Rabbi Eliezer ben Jacob says: clean brine into which water fell in any quantity must be deemed unclean.

Rebbi Simeon bar Abba in the name of Rebbi Ḥanina: Any travel is presumed to be dangerous. Rebbi Yannai, when he went abroad, commanded his household. Rebbi Mana commanded his household when he went to a bathhouse that was heated. Rebbi Ḥanina the son of Rebbi Abbahu, Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: Every sickness is presumed to be dangerous.

Rebbi Simeon bar Abba in the name of Rebbi Ḥanina: Any travel is presumed to be dangerous. Rebbi Yannai, when he went abroad, commanded his household. Rebbi Mana commanded his household when he went to a bathhouse that was heated. Rebbi Ḥanina the son of Rebbi Abbahu, Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: Every sickness is presumed to be dangerous.

It was stated: “If somebody saw a bird pecking at a fig or a rat nibbling at a watermelon, it is forbidden [to eat from them] for I say, they might have eaten from the place of a pecking hole.” Rebbi Abba said, that means that a snake spits out repeatedly. Rebbi Jonah said, who considers for us commandments for peckings? But for torn [animals], Rebbi Abba said in the name of the rabbis from there, “if it was slaughtered and the wolves took its innards, it is in order because intestines are presumed to be in order.” Should one not question whether they were pierced? Intestines are presumed to be in order. But here, you say so? It is worse if there is danger to life; for peckings they went all the way with Rabban Gamliel.

It was stated: “If somebody saw a bird pecking at a fig or a rat nibbling at a watermelon, it is forbidden [to eat from them] for I say, they might have eaten from the place of a pecking hole.” Rebbi Abba said, that means that a snake spits out repeatedly. Rebbi Jonah said, who considers for us commandments for peckings? But for torn [animals], Rebbi Abba said in the name of the rabbis from there, “if it was slaughtered and the wolves took its innards, it is in order because intestines are presumed to be in order.” Should one not question whether they were pierced? Intestines are presumed to be in order. But here, you say so? It is worse if there is danger to life; for peckings they went all the way with Rabban Gamliel.

HALAKHAH: “If a window between two courtyards,” etc. Lattice work diminishes it for the laws of Sabbath, but it does not diminish for the laws of presumed possession. Straw and provender do not diminish in it; pebbles and provender do diminish in it. Rebbi Yose ben Rebbi Abun said, if grasses grew in it, they do not diminish it.

“She nurses her baby.” Rebbi Ḥaggai said, is says only “her baby,” therefore not twins. Why does it say “her baby”? As it was stated: “A man cannot force his wife to nurse another man’s child, nor can a woman force her husband to let her nurse another woman’s child. If she made a vow not to nurse her baby, the House of Shammai say that one removes the breast nipple from his mouth, but the House of Hillel say, one forces her. If she was divorced, one cannot force her if [the baby] is not used to her, but if he is used to her one forces her and pays her wages to nurse her baby.” How old is the baby if he can be presumed to know her? Rebbi Jeremiah in the name of Rav: Three months. But Rebbi Ze‘ira was staring at him. He asked him, why are you staring at me? Should I say to you following Samuel, since Samuel said, three days? Samuel follows his opinion, since Samuel said, I recognized the midwives who delivered me. Rebbi Joshua ben Levi said, I recognized the circumciser who circumcised me. Rebbi Joḥanan said, I recognized the women who kept my mother company.

“Both are forbidden to put a grindstone or an oven up there, or to raise chickens there.” This is needed for Rebbi Eliezer ben Jacob, for what he states about “partners who mutually made vows not to have usufruct from one another.” Because they mutually made vows not to have usufruct from one another, does this imply that if they had not made vows not to have usufruct from one another, they would be presumed to concede one to the other? Rebbi Jeremiah said, partners have the custom to concede one to the other in these matters. There, we have stated: “The following establish presumption of ownership.” Rebbi Eleazar said, if somebody raises chickens in a courtyard in which he does not dwell, this establishes presumption of ownership. Rebbi Yose said, this is correct. As you look at it, if he had the right to raise them, he raised them. If he had no right to raise them, he established a presumption of ownership. Rebbi Joḥanan in the name of Rebbi Benaiah: Partners can veto any activity of the other party in a courtyard except for washing, for the honor of the daughters of Israel. Rebbi Mattaniah said, that is, at a place where women wash, but not at a place where men wash. And what you say except for washing in the courtyard [applies to] the entire courtyard except for the four cubits of that party where one cannot hinder anything. But if the place was at an incline, one can veto even within the four cubits of another party since one might say to him, you pour out and it flows down to my place. It was stated: The place of an oven or a hearth does not establish a presumption of ownership, but roofing of any size on top of them establishes a presumption of ownership. Rebbi Ze‘ira said, only if the wall is useful for the oven.

MISHNAH: Rebbi Eleazar ben Parṭa said three things before the Sages and they confirmed his words: [People in] a city which was surrounded by palisades, on a ship in emergency at sea, or a person about to be judged, are presumed to be alive. But on [people in] a city conquered from palisades, a ship lost at sea, or a person led to execution, one puts the restrictions of the living and the dead: neither an Israel’s daughter married to a Cohen nor a Cohen’s daughter married to an Israel may eat heave.

MISHNAH: A Non-Jew who with a Jew was transporting wine jugs from one place to another, if it can be presumed to be watched it is permitted. If he told him that he was leaving, the time needed to open, close, and fill the hole; Rabban Simeon ben Gamliel says, to open, and close, and dry.

“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.

MISHNAH: All women are presumed pure for their husbands. The wives of men coming from a trip are presumed pure. The House of Shammai say, she needs two cloths for each intercourse or she should have sex by candle light. The House of Hillel say, two cloths for entire night suffice.

MISHNAH: All women are presumed pure for their husbands. The wives of men coming from a trip are presumed pure. The House of Shammai say, she needs two cloths for each intercourse or she should have sex by candle light. The House of Hillel say, two cloths for entire night suffice.

HALAKHAH: Abba bar Jeremiah, Cahana in the name of Samuel: Any woman without a definite period is forbidden to her house unless she checked herself. But did we not state: “All women are presumed pure for their husbands.” He explains it, for those who come from a trip. But did we not state: “The wives of men coming from a trip are presumed pure”? Rebbi Abun bar Ḥiyya said, explain it if he came and found her awake. But was it not stated: Whether he found her awake or found her sleeping. Rebbi Abba said, explain it if he left her in a state of purity. {What is the period that is counted for her? Rebbi Simeon ben Laqish said: One gives her 30 days as average period.} Rebbi Joḥanan said, I am stating that it is permitted even after three years, but only for a woman who has a regular period. Rebbi Abbahu said, only if it was seven days after the onset of her period. Are you not worried that maybe she did not immerse herself? Rebbi Ḥanina said, that means that it is forbidden for a woman to stay in her impurity. Samuel bar Abba asked: Even if it was certain that she had given birth? Rebbi Yose said, so we are saying, even if she became impure. But since her prior state was invalidated when she gave birth, so her prior state was invalidated when she became impure.

HALAKHAH: Abba bar Jeremiah, Cahana in the name of Samuel: Any woman without a definite period is forbidden to her house unless she checked herself. But did we not state: “All women are presumed pure for their husbands.” He explains it, for those who come from a trip. But did we not state: “The wives of men coming from a trip are presumed pure”? Rebbi Abun bar Ḥiyya said, explain it if he came and found her awake. But was it not stated: Whether he found her awake or found her sleeping. Rebbi Abba said, explain it if he left her in a state of purity. {What is the period that is counted for her? Rebbi Simeon ben Laqish said: One gives her 30 days as average period.} Rebbi Joḥanan said, I am stating that it is permitted even after three years, but only for a woman who has a regular period. Rebbi Abbahu said, only if it was seven days after the onset of her period. Are you not worried that maybe she did not immerse herself? Rebbi Ḥanina said, that means that it is forbidden for a woman to stay in her impurity. Samuel bar Abba asked: Even if it was certain that she had given birth? Rebbi Yose said, so we are saying, even if she became impure. But since her prior state was invalidated when she gave birth, so her prior state was invalidated when she became impure.

MISHNAH: The Sages gave a simile about a woman’s anatomy: The room, the anteroom, and the upper floor. The blood from the room is impure. If it is found in the anteroom it is impure even in the case of a doubt since it is presumed to come from the source.

If he had said, "the halachah is according to R. Judah," I might have presumed that this applies only to a bed which is made [to be slept] upon, but not to a canopied bed which, is made [to be slept] within, hence he teaches us that the reason of R. Judah is that a temporary tent cannot nullify a permanent one, no matter whether it be an ordinary bed or a canopied bed.

It may be presumed that it was R. Joshua b. Levi who said, “the place where Torah is magnified”, since R. Joshua b. Levi said that a synagogue may be turned into a bet ha-midrash; learn from this.

It is all right as regards R. El'azar son of R. Zadok. For we may observe that each woman says, My neighbour is wife of a common person, and she turns her attention from her. It is all right as regards R. Jonathan ben Amram also. For we may observe that inasmuch as a man pays great attention to his Sabbath clothes, he has taken his thoughts from the others. But as to R. Jonathan ben El'azar, we may observe that a man will pay attention to the hands of his neighbour. R. Jochanan said, It may be presumed that no man attends to what is in the hand of his neighbour? Does he not?