problem

Are Fellows able to enter for the intercalation of the year? Let us hear from the following: It happened that Rabban Gamliel said, call seven Elders to a meeting on the upper floor, but eight entered. He asked, who is the one who entered without permission? Samuel minor stood up and said, I came up here without permission since I have a practical problem and I have to ask advice on it. Rabban Gamliel told him, you compare to Eldad and Medad; if I had said “two”, you would have been one of them. Nevertheless, they did not intercalate on that day but talked about themes in the Torah and intercalated the next day.

One verse says, he made a libation for the Eternal, but another verse says, he covered. He who says ויסך, supports Rebbi Ḥiyya bar Abba. He who says, he made a libation, supports Bar Qappara. Rebbi Huna in the name of Rebbi Yose: He had a problem with the rules of captives. Rebbi Simeon ben Rebbi said, he desired to build the Temple

Rebbi Levi had a suit against a certain person about houses; they had it judged before Rebbi Eleazar. After a decision was reached he presented proof. He asked Rebbi Joḥanan, who told him, any time one brings proof he can demand a new trial. Rebbi Eumachos had a suit against a certain person about mills; they had it judged before Rebbi Eleazar. After a decision was reached he presented witnesses. He asked Rebbi Joḥanan, who said to him, is that still a problem for you? Any time one brings proof he can demand a new trial. Why did it need two cases? In Rebbi Levy’s case, no formal verdict had been rendered, in Rebbi Eumachos’s case, a formal verdict had been rendered.

But Rebbi Joḥanan himself had a problem: from where does one prove it? Rebbi Abbahu in the name of Rebbi Eleazar in the name of Rebbi Hoshaia: Two prohibitions and one extirpation, the prohibitions split the extirpation. For example, it should not be used to be rubbed on anybody’s skin and in its proportions you shall not imitate it, and it is written, a person who would compound similarly, or who would put it on a stranger, will be extirpated from his people, that is two prohibitions and one extirpation. The prohibitions split the extirpation. Also from the following: Samuel bar Abba asked before Rebbi Ze`ura, should not well-being sacrifices, being treated separately, split all sancta regarding impurity? He told him, it was necessary that they be treated separately, to eliminate sancta destined for the upkeep of the Temple [regarding larceny], lest one be liable for them because of mushiness, leftovers, and impurity. But is that not a Mishnah? “All sancta destined for the altar combine with one another with respect to liability for mushiness, leftovers, and impurity,” in contrast to sancta destined for the upkeep of the Temple. Since they do not combine, they do (not) split. Rebbi Ḥanina said, what he really questioned, should they not split but combine ?

Example. Rebbi Eliezer, and Rebbi Joshua, and Rabban Gamliel travelled to Rome. They came to a place where they found children making stone heaps and saying as follows: What they do in the Land of Israel is to say, this is heave, this is tithe. They said, it is clear that Jews live here. They entered a place and were received at a house. They sat down to eat. It happened that no dish was brought to them unless it was brought [first] to a certain bedroom. They became afraid that perhaps they were eating offerings to the dead. They asked him, why is it that you bring no dish before us unless you brought it first to that bedroom? He told them, I have an old father who vowed not to leave that bedroom until he might see the Sages of Israel. They told him, go and tell him to come out because they are here. He came out; they asked him, what is your problem? He told them, pray for my son because he is sterile. Rebbi Eliezer said to Rebbi Joshua: Joshua ben Ḥanania, look what you can do. He told them, bring me linseed; they brought him linseed. It appeared to them as if he was sowing it on a table. It appeared as if he was watering it; it appeared to grow; it appeared that he was plucking out of it, until there appeared a woman with braided hair. He told her, undo what you did. She answered, I shall not undo. He told her, then I shall make you known. She said, I cannot, because they were thrown into the sea. Rebbi Joshua commanded the prince of the sea who disgorged them. Then they prayed for him and he had the merit of raising Rebbi Jehudah ben Bathyra. They said, if we came here only to bring the just person to the world, it would have been enough.

HALAKHAH: “What is the positive commandment about the menstruating woman,” etc. Cahana said, is it impossible that there was knowledge at the beginning and knowledge at the end and oblivion in between? Rebbi Samuel ben Eudaimon objected before Rebbi Mana: Could that be for the teachers? He told him, we have a problem with those entering and you bring us teachers? What about it? Rebbi Samuel bar Rav Isaac said, commandments, commandments. Since commandments mentioned there are about fixed-value [offerings], here also about fixed-value [offerings].

HALAKHAH: “ “You stole my ox,” etc. to the end of the Chapter. Rebbi Isaac asked, should one have to pay the value of the slave by his admission? But what is his problem? Are the entire thirty a fine or is only the excess over his value a fine? If you say, all the thirty are a fine, he does not pay. If you say, the excess over his value is a fine, he pays. There, we have stated: “ ‘Your ox killed my slave’, but he says ‘he did not kill;’ ‘I am asking you to swear’ and he says ‘Amen’, he is not liable.” Rebbi Ḥaggai said before Rebbi Yose: Explain it if he killed a slave covered with boils. He said to him, but it says afterwards, “ ‘Your ox killed my son’, but he says ‘he did not kill;’ ‘I am asking you to swear’ and he says ‘Amen’, he is liable.” You could explain it if he was covered with boils, then he would not be liable! You cannot do this, as we have stated: “If he killed a human, he has to pay his worth.” Rebbi Ezra said before Rebbi Mana Explain it following him who said, he shall pay redemption of his person; of the injured. He said to him, if following him who said, he shall pay redemption of his person; of the injured, all is a fine

It was said, if its owners were with him, he does not have to pay. Does he have to swear? Rebbi Ze`ira said, he swears. Rebbi Ḥanina and Rebbi La both are saying, he does not swear. A baraita supports Rebbi Ḥanina and Rebbi La: “Breakage, abduction, and death for which he is not liable in the cases of the paid keeper and the renter, and the borrower with the owner is not liable, without the owner is liable; loss and theft where the paid keeper and the renter are liable, is it not that a fortiori the borrower be not liable with the owner but liable without the owner?” For him who says it is obvious that he swears, should he not have to pay? Rebbi Ḥanina in the name of Rebbi Yudan: A baraita supports Rebbi Ze`ira. “The borrower, for whom the Torah was restrictive, with the owner is not liable, without the owner is liable; the paid keeper, for whom the Torah was lenient, a fortiori with the owner should not be liable, without the owner should be liable.” If you are saying, his problem was swearing, he should have stated “the paid keeper and the renter.” That means he only needs it for payment. It is difficult for Rebbi Ze`ira: the borrower swears if the owner was with him; if the owner was not with him he must pay. The unpaid keeper swears, whether the owner was with him or was not with him. You are saying that where the borrower pays the paid keeper swears. Where the paid keeper swears, the unpaid keeper should not be liable. Where the paid keeper pays, the unpaid keeper swears. What do you state about an unpaid keeper when the owner be with him? But some are asking, what do you state about an unpaid and a paid keeper, whether or not the owner be with him? Rebbi Abin said, any word of criminality. Rebbi Mana said, do we not find that the Torah treated loss and theft equally for the borrower? Therefore, we shall treat breakage, abduction, and death equally both for the unpaid and the paid keepers.

They asked before Rebbi Abbahu, what is the rule for uncovered cooked [wine]? He told them, Rebbi Joḥanan had a problem with carenum and you are asking me this? They asked Rebbi Isaac and he forbade it to them. Then Rebbi Abbahu remembered that Rebbi Joḥanan had said, it is forbidden.

Rebbi Ḥaggai asked the colleagues: From where that he who eats with permission be not liable? What is the difference between him who thought that it was profane but it turned out to be heave, who is liable, and him who thought that he was a Cohen but it turned out that he was an Israel, who is not liable? They said to him, by the instruction of the court. He said to them, still I am having a problem. What is the difference between him who thought that it was weekday but it turned out that it was Sabbath, who is liable, and him who thought that it was a Passover sacrifice but it turned out to be a well-being offering, who is not liable. They said to him, because he slaughtered with permission. He said to them, still I am having a problem. What is the difference between him who thought that it was permitted but it turned out to be forbidden, who is liable, and him who thought that it was forbidden fat and it turned out to be permitted fat, who is not liable. They did not answer at all. He told them, let me tell you from myself: Or his transgression in which he sinned was made known to him; he has to bring. Rebbi Yossi came to visit them; they told him, that problem is hard for us. He asked them, why did you not answer him, or his transgression in which hesinned was made known to him; he has to bring? They told him, Ḥaggai asked the question, Ḥaggai gave the answer.

Rebbi Ḥaggai asked the colleagues: From where that he who eats with permission be not liable? What is the difference between him who thought that it was profane but it turned out to be heave, who is liable, and him who thought that he was a Cohen but it turned out that he was an Israel, who is not liable? They said to him, by the instruction of the court. He said to them, still I am having a problem. What is the difference between him who thought that it was weekday but it turned out that it was Sabbath, who is liable, and him who thought that it was a Passover sacrifice but it turned out to be a well-being offering, who is not liable. They said to him, because he slaughtered with permission. He said to them, still I am having a problem. What is the difference between him who thought that it was permitted but it turned out to be forbidden, who is liable, and him who thought that it was forbidden fat and it turned out to be permitted fat, who is not liable. They did not answer at all. He told them, let me tell you from myself: Or his transgression in which he sinned was made known to him; he has to bring. Rebbi Yossi came to visit them; they told him, that problem is hard for us. He asked them, why did you not answer him, or his transgression in which hesinned was made known to him; he has to bring? They told him, Ḥaggai asked the question, Ḥaggai gave the answer.

Rebbi Ḥaggai asked the colleagues: From where that he who eats with permission be not liable? What is the difference between him who thought that it was profane but it turned out to be heave, who is liable, and him who thought that he was a Cohen but it turned out that he was an Israel, who is not liable? They said to him, by the instruction of the court. He said to them, still I am having a problem. What is the difference between him who thought that it was weekday but it turned out that it was Sabbath, who is liable, and him who thought that it was a Passover sacrifice but it turned out to be a well-being offering, who is not liable. They said to him, because he slaughtered with permission. He said to them, still I am having a problem. What is the difference between him who thought that it was permitted but it turned out to be forbidden, who is liable, and him who thought that it was forbidden fat and it turned out to be permitted fat, who is not liable. They did not answer at all. He told them, let me tell you from myself: Or his transgression in which he sinned was made known to him; he has to bring. Rebbi Yossi came to visit them; they told him, that problem is hard for us. He asked them, why did you not answer him, or his transgression in which hesinned was made known to him; he has to bring? They told him, Ḥaggai asked the question, Ḥaggai gave the answer.

HALAKHAH: “They are not liable for a positive commandment or a prohibition in the Temple,” etc. Cahana said, is it impossible that there was knowledge at the beginning and knowledge at the end and oblivion in between? Rebbi Samuel ben Eudaimon objected before Rebbi Mana: Could that be for the teachers? He told him, we have a problem with those entering and you bring us teachers? What about it? Rebbi Samuel bar Rav Isaac said, commandments, commandments. Since commandments mentioned there are about fixed-value [offerings], here also about fixed-value [offerings].

“What is the positive commandment about the menstruating woman?” Rebbi Abin said, Keep the Children of Israel away from their impurities. Rebbi Jonathan sent to ask Rebbi Simeon ben Rebbi Yose bar Lakonia, from where a warning for one having sex with an impure woman? He wanted to throw a stone after him; he told him, you are asking me something that children recite every day in the synagogue: To a woman in the separation ofher impurity you shall not come near to uncover her nakedness. He answered him, that is not my problem. My only problem is rather “if he was having sex with an impure woman, he is liable. If he was having sex with a pure one and she said to him, I became impure,” if he separates immediately, is he liable? He told him, I and you have the same problem. Let us go out and learn. They went out and heard the voice of a Tanna who stated following Ḥiskiah: If lying a man will lie with her. Not only that if he was having sex with an impure woman, he is liable. If he was having sex with a pure one and she said to him, I became impure, if he separates immediately, is he liable? The verse says, her secretion shall be, even if her secretion starts with him. What should he do? Rav Hoshaia, Rav Jehudah in the name of Samuel, he shall cool down. If he did not cool down? Rebbi Yose said, for him I am reading do not come near as “do not separate”. Closeness is separation. Rav Ḥuna in the name of Rav Abba: Those who say, be close to yourself, do not touch me for I sanctified you. Rebbi Zeˋira said, he should imagine that a sword is cutting into his flesh. Is everybody Rebbi Zeˋira? Rebbi Tanḥuma in the name of Rav Ḥuna: He shall press his fingertips on the wall, then he will cool down.

“What is the positive commandment about the menstruating woman?” Rebbi Abin said, Keep the Children of Israel away from their impurities. Rebbi Jonathan sent to ask Rebbi Simeon ben Rebbi Yose bar Lakonia, from where a warning for one having sex with an impure woman? He wanted to throw a stone after him; he told him, you are asking me something that children recite every day in the synagogue: To a woman in the separation ofher impurity you shall not come near to uncover her nakedness. He answered him, that is not my problem. My only problem is rather “if he was having sex with an impure woman, he is liable. If he was having sex with a pure one and she said to him, I became impure,” if he separates immediately, is he liable? He told him, I and you have the same problem. Let us go out and learn. They went out and heard the voice of a Tanna who stated following Ḥiskiah: If lying a man will lie with her. Not only that if he was having sex with an impure woman, he is liable. If he was having sex with a pure one and she said to him, I became impure, if he separates immediately, is he liable? The verse says, her secretion shall be, even if her secretion starts with him. What should he do? Rav Hoshaia, Rav Jehudah in the name of Samuel, he shall cool down. If he did not cool down? Rebbi Yose said, for him I am reading do not come near as “do not separate”. Closeness is separation. Rav Ḥuna in the name of Rav Abba: Those who say, be close to yourself, do not touch me for I sanctified you. Rebbi Zeˋira said, he should imagine that a sword is cutting into his flesh. Is everybody Rebbi Zeˋira? Rebbi Tanḥuma in the name of Rav Ḥuna: He shall press his fingertips on the wall, then he will cool down.

“What is the positive commandment about the menstruating woman?” Rebbi Abin said, Keep the Children of Israel away from their impurities. Rebbi Jonathan sent to ask Rebbi Simeon ben Rebbi Yose bar Lakonia, from where a warning for one having sex with an impure woman? He wanted to throw a stone after him; he told him, you are asking me something that children recite every day in the synagogue: To a woman in the separation ofher impurity you shall not come near to uncover her nakedness. He answered him, that is not my problem. My only problem is rather “if he was having sex with an impure woman, he is liable. If he was having sex with a pure one and she said to him, I became impure,” if he separates immediately, is he liable? He told him, I and you have the same problem. Let us go out and learn. They went out and heard the voice of a Tanna who stated following Ḥiskiah: If lying a man will lie with her. Not only that if he was having sex with an impure woman, he is liable. If he was having sex with a pure one and she said to him, I became impure, if he separates immediately, is he liable? The verse says, her secretion shall be, even if her secretion starts with him. What should he do? Rav Hoshaia, Rav Jehudah in the name of Samuel, he shall cool down. If he did not cool down? Rebbi Yose said, for him I am reading do not come near as “do not separate”. Closeness is separation. Rav Ḥuna in the name of Rav Abba: Those who say, be close to yourself, do not touch me for I sanctified you. Rebbi Zeˋira said, he should imagine that a sword is cutting into his flesh. Is everybody Rebbi Zeˋira? Rebbi Tanḥuma in the name of Rav Ḥuna: He shall press his fingertips on the wall, then he will cool down.

Rebbi Hoshaia stated: If [a woman] gave birth and then converted, she has no period of purity. Rebbi Yose said, this is correct. If Rebbi Hoshaia had not stated this, would it have been a problem for us? Since she has no period of impurity, she cannot have a period of purity. It was stated: The proselyte, the captive, and the slave woman who were redeemed, or converted, or freed, have to wait three months, the words of Rebbi Judah. Rebbi Yose says, they do not have to wait. Their blood, Rebbi Jehudah says, is timed exactly; Rebbi Yose says, it makes impure 24 hours retroactively. Rebbi said, the words of Rebbi Yose are reasonable for the blood, and the words of Rebbi Judah for the child. But Rebbi Ḥiyya in the name of Rebbi Yoḥanan, practice follows Rebbi Yose. Rebbi Abba bar Cohen asked before Rebbi Yose: For if it were not so, what could we say? Between Rebbi Jehudah and Rebbi Yose, practice does not follow Rebbi Yose? But because Rebbi said, “they are reasonable”. Did not Rebbi Abba say in the name of Rebbi Ze‘ira, every time Rebbi taught “they are reasonable”, the disagreement is unresolved except in the case of the fig cake where each party to the controversy accepts the opposition’s argument. Rebbi Yose said, I stated a difficulty before Rebbi Ḥanina ben Rebbi Abbahu: Even if it is certain that they had sex? He said to him, is a normal Gentile not like one who had sex?

Maremar said in the name of Mar Zutra: Deduce from this that they were laid upon the base [of the altar]. or if you were to assume that they were placed on the ground [then you have the following problem]: It (the altar) rose up one cubit and drew in one cubit, and this formed the base. It then rose up five cubits and drew in one cubit, and this formed the circuit; it [then] rose up three cubits, and this was the place of the horns. Now how could they bend over the altar? Consequently learn from this that they were placed on the base. This is conclusive.

R. Judah said in the name of Shmuel: If one reads from a Megillah written among the rest of the Writings, he has not fulfilled his obligation. Rava said: This is the case only if it is not a little shorter or longer than the rest, but if it is a little shorter or longer than the rest, there is no problem with it.

No [that's wrong], everybody agrees that it is a case of ascent. And this is not a problem [they still have a disagreement]. Here [one is talking about the issue of] damages [where he would be obligated to pay the compensation for damages caused] and the other [is talking about the issue of] exile [from which he would be exempted].