questionable

If one buys an animal from a non-Jew and it is not known whether it had given birth or had not given birth: Rabbi Ishmael says: that born of a goat in its first year certainly belongs to the priest; after that, it is a questionable case [of a first-born]. That born of a ewe two years old certainly belongs to the priest; after that, it is a questionable case [of a first born]. That born of a cow or a donkey three years old certainly belongs to the priest; after that, it is a questionable case [of a first born]. Rabbi Akiva to him: if an animal were exempted [from the law of the first born] only with the birth of [actual] offspring, it would be as you say. But they said: the sign of offspring in small cattle is a discharge [from the womb]. In large cattle, the after-birth; in a woman, the signs are the fetus and the after-birth. This is the general rule: Whenever it is known that it had given birth, the priest receives nothing. Whenever it had never given birth, it belongs to the priest. If there is a doubt, it shall be eaten blemished by the owners. Rabbi Eliezer ben Jacob says: if a large domestic animal has discharged a clot of blood, it [the clot] shall be buried, and it [the mother] is exempted from the law of the first born.

If one buys an animal from a non-Jew and it is not known whether it had given birth or had not given birth: Rabbi Ishmael says: that born of a goat in its first year certainly belongs to the priest; after that, it is a questionable case [of a first-born]. That born of a ewe two years old certainly belongs to the priest; after that, it is a questionable case [of a first born]. That born of a cow or a donkey three years old certainly belongs to the priest; after that, it is a questionable case [of a first born]. Rabbi Akiva to him: if an animal were exempted [from the law of the first born] only with the birth of [actual] offspring, it would be as you say. But they said: the sign of offspring in small cattle is a discharge [from the womb]. In large cattle, the after-birth; in a woman, the signs are the fetus and the after-birth. This is the general rule: Whenever it is known that it had given birth, the priest receives nothing. Whenever it had never given birth, it belongs to the priest. If there is a doubt, it shall be eaten blemished by the owners. Rabbi Eliezer ben Jacob says: if a large domestic animal has discharged a clot of blood, it [the clot] shall be buried, and it [the mother] is exempted from the law of the first born.

If one buys an animal from a non-Jew and it is not known whether it had given birth or had not given birth: Rabbi Ishmael says: that born of a goat in its first year certainly belongs to the priest; after that, it is a questionable case [of a first-born]. That born of a ewe two years old certainly belongs to the priest; after that, it is a questionable case [of a first born]. That born of a cow or a donkey three years old certainly belongs to the priest; after that, it is a questionable case [of a first born]. Rabbi Akiva to him: if an animal were exempted [from the law of the first born] only with the birth of [actual] offspring, it would be as you say. But they said: the sign of offspring in small cattle is a discharge [from the womb]. In large cattle, the after-birth; in a woman, the signs are the fetus and the after-birth. This is the general rule: Whenever it is known that it had given birth, the priest receives nothing. Whenever it had never given birth, it belongs to the priest. If there is a doubt, it shall be eaten blemished by the owners. Rabbi Eliezer ben Jacob says: if a large domestic animal has discharged a clot of blood, it [the clot] shall be buried, and it [the mother] is exempted from the law of the first born.

Rebbi Yose and Rebbi Aḥa were sitting together. Rebbi Yose said to Rebbi Aḥa: Is it not reasonable that the end of the half a mil of Rebbi Neḥemiah is the moment (of Rebbi Yose)? He answered: I also am of that opinion. Rebbi Ḥizqiah does not say so but every single moment in the half a mil of Rebbi Neḥemiah is in doubt. Rebbi Mana said: I pointed out the difficulty before Rebbi Ḥizqiah from what we have taught (Zabim I,6): “He saw one emission during daytime and one at dusk or one at dusk and the next one the next day; if he knows that the emission at dusk was partially during daytime and partially during nighttime, he certainly is impure and needs a sacrifice but if it is questionable whether the emission occurred partially during daytime and partially during nighttime he certainly is impure but it is questionable whether he owes a sacrifice.” Rebbi Ḥiyya bar Josef asked before Rebbi Yoḥanan: Who is the Tanna who will split an emission into two? Rebbi Yose! I said to him: Here is your problem since you say that every single moment in the half a mil of Rebbi Neḥemiah is in doubt. What is his question good for? For the time when Elijah will come and say: that is dusk.

Rebbi Yose and Rebbi Aḥa were sitting together. Rebbi Yose said to Rebbi Aḥa: Is it not reasonable that the end of the half a mil of Rebbi Neḥemiah is the moment (of Rebbi Yose)? He answered: I also am of that opinion. Rebbi Ḥizqiah does not say so but every single moment in the half a mil of Rebbi Neḥemiah is in doubt. Rebbi Mana said: I pointed out the difficulty before Rebbi Ḥizqiah from what we have taught (Zabim I,6): “He saw one emission during daytime and one at dusk or one at dusk and the next one the next day; if he knows that the emission at dusk was partially during daytime and partially during nighttime, he certainly is impure and needs a sacrifice but if it is questionable whether the emission occurred partially during daytime and partially during nighttime he certainly is impure but it is questionable whether he owes a sacrifice.” Rebbi Ḥiyya bar Josef asked before Rebbi Yoḥanan: Who is the Tanna who will split an emission into two? Rebbi Yose! I said to him: Here is your problem since you say that every single moment in the half a mil of Rebbi Neḥemiah is in doubt. What is his question good for? For the time when Elijah will come and say: that is dusk.

If one connected the letters; there is a Tanna who stated: it is valid, and there is a Tanna who stated: it is invalid. Rebbi Idi in the name of Rebbi Simeon in the name of Rebbi Yoḥanan: He who says it is valid, below; he who said it is invalid, on top. For example, ארצך .ארצנו, תפארתנוּ is questionable, תפארתך is questionable.

If one connected the letters; there is a Tanna who stated: it is valid, and there is a Tanna who stated: it is invalid. Rebbi Idi in the name of Rebbi Simeon in the name of Rebbi Yoḥanan: He who says it is valid, below; he who said it is invalid, on top. For example, ארצך .ארצנו, תפארתנוּ is questionable, תפארתך is questionable.

Rebbi Isaac ben Ḥaqolah and Rebbi Joshua ben Levi both say taro is like a vegetable for tithes, the sabbatical year, peah, and first fruits. For vows it is questionable.

Rebbi Yose of Kefar Dan in the name of Rebbi from Meadiah, the kinds forbidden in Beth Shean: Nigella, sesame, mustard, garlic, bulbs, black peas, commercial onions, local ones that are sold by weight, Egyptian beans bound with bast, mint bundled separately, carrot always, leeks from Pentecost to Ḥanukkah. Rebbi Zeïra said, from Pentecost to Ḥanukkah the forbidden ones outnumber the permitted ones, from Ḥanukkah to Pentecost the permitted ones outnumber the forbidden ones. In the matter of aftergrowth, from New Year’s Day to Ḥanukkah prohibition of aftergrowth, from Ḥanukkah to Pentecost permission of aftergrowth, from Pentecost to New Year’s Day questionable. Zucchini, squash, water melon, apple melon, wine, oil, Ephesian dates, somebody also says lupines. Bread always requires hallah. These are Sabbatical in a Sabbatical year. In the other years of the cycle? Rebbi Jonah said, demay; Rebbi Yose said, certain. They have no disagreement over tithes; Rebbi Jonah said demay for him who buys from a person making house calls, Rebbi Yose said certain for him who bought from the garden.

What does Rebbi Jehudah say about green melon and water melon? Let us hear from the following: “Green melon, water melon, and sweet melon are not kilaim [if combined] one with the other; Rebbi Jehudah says, they are kilaim.” It has been said that green melon and water melon are not kilaim one with the other, and water melon and sweet melon are not kilaim one with the other; Rebbi Jehudah says they are kilaim. Green melon and water melon are questionable.

It is obvious that the gound cannot be forbidden. If one painted a figure on the ground it is forbidden. If he colored a living being, if he worshipped it, it is not forbidden; because he colored it did he make it forbidden? Hence, if he colored it it is of questionable status.

MISHNAH: Three things a person has to say in his house Friday afternoon before it gets dark: Did you give tithe, did you make an eruv, kindle the light! If there is a doubt whether it is dark or not dark one does not tithe what is certain, nor immerse vessels, not kindle lights, but one may tithe what is questionable, and make an eruv, and store away hot food.

Mishnah: “But one may tithe what is questionable.” Rebbi Yose in the name of Rebbi Abbahu, Rebbi Ḥizqiah in the name of Rebbi Jehudah bar Pazi: “maybe it was put in order, maybe it was not put in order.”

If he covered it with ashes and it started burning, what? The Elder Rebbi Ḥiyya went to his house and instructed: it is permitted. They asked before Rebbi Zeˋira, and Rebbi Hoshaia, and Rebbi Ḥanania the colleagues of the rabbis, “it started burning”, in the past. Rebbi Immi passed by; the colleagues were scattered; then they wanted to return to it. Rebbi Ḥanania the colleague of the rabbis said to them, as the case happened so it happened. Rebbi Samuel bar Sisartai said, it is questionable for the future. Rebbi Mana said, I objected before Rebbi Abba the son of Rebbi Pappaios: If you say for the past, even if he did not cook on it earlier.

Rebbi Abba bar Mamal said, if one crushed an onion, if it was to give taste it is forbidden, if to reduce its sharpness it is permitted. Rebbi Zeˋira in the name of Rav Huna: One may hide a radish in salt on condition not to leave it there. Rebbi Zeˋira in the name of Rav Huna: [If there came] his clothes from the tailor he may wear them; if they tore they tore. Rebbi Zeˋira in the name of Rav Huna: If his garments were entangled with thorns he straightens them out in a guarded place on condition that he not tear. Rebbi Zeˋira said in the name of Rav Huna: If (he took) mortar [fell] on his garments he may rub it off with one hand, on condition that he not grind down. Rebbi Zeˋira in the name of Rav Huna: mint, one is permitted, three is forbidden, two is questionable. One who bathes, Rav Huna and Rav Jehudah. One said, so it is permitted and so it is forbidden. But the other one said, so and so it is forbidden. Rebbi Abba bar Zamina went bathing with Rebbi Zeˋira; he did not let him do either one or the other.

Isaac bar Orion said, where do they disagree? If he did not pluck it off over the hole. But if he plucked it off over the hole also Rebbi Simeon will agree. Rebbi Jeremiah asked: If everything was in the Land but the hole outside the Land? It turns out that you may say what was questionable for Rebbi Jeremiah was obvious for Isaac bar Orion. These are it. But there are others! “A flower pot with a hole sanctifies in a vineyard, one without a hole does not sanctify.” “A flower pot with a hole cannot prepare plants, one without a hole prepares.” “He who plucks from a flower pot with a hole is liable, from one without a hole he is not liable.” Rebbi Yose referred to it as anonymous statement, Rebbi Ḥanania quoted it in the name of Rebbi Samuel bar Rav Isaac: The Torah extended the purity of growing plants: If any of their cadavers falls on any sown seed apt to be sown, etc.

Rebbi Zeˋira asked, what kind of threshold? Like a permitted threshold or a forbidden threshold? Rebbi Zeˋira said, when I was still there it was questionable for me, but when I came here I heard Rebbi Yasa in the name of Rebbi Joḥanan: If a threshold is ten [hand-breadths] high but less than four wide it is permitted for both domains; only one should not exchange. Rebbi Mana said before Rebbi Yose, look what he is saying! He only said, if it is less than four wide. But if it is four wide it is forbidden. He said to him, is that not the case of a cross-beam? Is it not permitted under a cross-beam? Rebbi Zeˋira said, Samuel and Rebbi Joḥanan. Samuel said, under the beam it is forbidden, but Rebbi Joḥanan said, it is permitted. Everybody agrees that between laths it is forbidden, and it was stated thus: If an alley is made of laths, if between one and the next are four hand-breadths one carries up to the outer one; otherwise one carries up to the inner one. The Rabbis of Caesarea in the name of Rebbi Uqba, unless the outer one is wider. But if the outer one was wider one carries up to the outer one.

HALAKHAH: Would not Temple property be redeemed by Temple property? What does he do? Rebbi Simeon bar Carsana said, he brings coins and redeems them for the building; brings incense and redeems it for them, and gives it to the artisans as their wages. What should be done with those coins? Rebbi says, I am saying that they should be given to the family Garmu and the family Eutinos who were experts in compounding the incense and in making the shew-bread. Rebbi Samuel bar Rav <isaac< said, only if they were due to them beforehand. Rebbi Ḥiyya bar Abba asked, what if they were not due beforehand? There came Rebbi Abba in the name of Rebbi Ḥiyya in the name of Rebbi Joḥanan: One uses them to adorn the altar. Rebbi Abba bar Cohen asked before Rebbi Yose: The opinion of Rebbi Ḥiyya bar Abba seems inverted. Here it is questionable for him; there it is obvious for him. He told him, where it is questionable for him, for Service vessels; where it is obvious for him, to adorn the altar.

HALAKHAH: Would not Temple property be redeemed by Temple property? What does he do? Rebbi Simeon bar Carsana said, he brings coins and redeems them for the building; brings incense and redeems it for them, and gives it to the artisans as their wages. What should be done with those coins? Rebbi says, I am saying that they should be given to the family Garmu and the family Eutinos who were experts in compounding the incense and in making the shew-bread. Rebbi Samuel bar Rav <isaac< said, only if they were due to them beforehand. Rebbi Ḥiyya bar Abba asked, what if they were not due beforehand? There came Rebbi Abba in the name of Rebbi Ḥiyya in the name of Rebbi Joḥanan: One uses them to adorn the altar. Rebbi Abba bar Cohen asked before Rebbi Yose: The opinion of Rebbi Ḥiyya bar Abba seems inverted. Here it is questionable for him; there it is obvious for him. He told him, where it is questionable for him, for Service vessels; where it is obvious for him, to adorn the altar.

What spoiling was there? Because they were saying, Pentecost is after the Sabbath; one always was going out in the evening on the presumption that it would be sanctified. Then for Nisan they should not accept, for the other months they should accept. Rebbi Yose ben Rebbi Abun said, the main spoiling was in Adar. Then if it conforms with ours they should accept, if it does not conform with ours they should not accept. One because of the other. “It happened that the Boethusian hired two false witnesses to testify on the new moon that it be sanctified. The first came, delivered his testimony, and left. The other one said, I was climbing Maaleh Adumim when I saw it lying down between two rocks, its head resembling a calf, its ears resembling a kid goat. Is saw it, was taken aback, and stepped backward, and there were 200 denar tied in my money belt. They told him, the 200 denar are given to you as a gift, but those who sent you should come and be flogged. Why did you put yourself in this questionable situation? He said to them, I saw them trying to trip up the Sages. I said, it is better that I should go and inform the Sages.”

Samuel pounded on the side of the mortar. Rav said, anything that is pounded may be pounded in its ordinary way. Rav Huna, Rebbi Jeremiah, Rebbi Immi in the name of Rebbi Joḥanan: Garlic, and cress, and mustard seed are pounded in their ordinary way. Rebbi Abbahu in the name of Rebbi Joḥanan: He who makes oenanthium on a Sabbath is liable because of compounding. Is it therefore permitted on a holiday? Rebbi Ḥizqiah in the name of Rebbi Jeremiah: Making oenanthium on a holiday is forbidden because of compounding. Isaac Gold asked Rebbi Joḥanan, may one pound for spice wine on a holiday? He said to him, it is permitted. <rebbi isaac from atosha asked rebi simeon be laqish, may one pound to make spice wine on a holiday? he said to him, it is permitted;> give it to me and I shall drink. Rebbi Ze`ira asked before Rebbi Abbahu: Would one not act well in pounding it the day before? He said to him, yes. The argument of Rebbi Abbahu is inverted. Here he says permitted, and there he says forbidden. But since Rebbi Abbahu knew that Rebbi Ze`ira was restrictive, and that they are restrictive, therefore he agreed with them. Some want to say that so he said to him: If one wants that it be good he will not pound it the day before. Rebbi Ze`ira asked Kallidromos, the slave of Rebbi Judah the Prince, does your master pound to make spice wine on a holiday? He said to him yes, and all kinds of cuts of meat. Rebbi Isaac ben Rebbi Elazar in the name of Rebbi Immi, the father of Rebbi Eudaimon of Sepphoris. Where do they disagree? For grilling. Put for the pot it is permitted. Rebbi Naḥum said, Rebbi Samuel bar Abba asked about noodle dough. To let it dry is forbidden, for the pot it is permitted, part and part is questionable.

As it was stated. If he mixed the letters. There are Tannaim who state, it is qualified. There are Tannaim who state, it is disqualified. Rebbi Ada bar Simeon in the name of Rebbi Joḥanan: He who says qualified, at the top. He who says disqualified, at the bottom; for example ארצך. תפארתינו ,ארצינו is questionable, תפארתך is questionable.

As it was stated. If he mixed the letters. There are Tannaim who state, it is qualified. There are Tannaim who state, it is disqualified. Rebbi Ada bar Simeon in the name of Rebbi Joḥanan: He who says qualified, at the top. He who says disqualified, at the bottom; for example ארצך. תפארתינו ,ארצינו is questionable, תפארתך is questionable.

Rebbi Abba in the name of Rav Jehudah: if it was made like half a bagel. The uppermost line under which are two others must contain at least three words, the middle one two, the lowest one even [on the] earth. Rebbi Ze`ira in the name of Rav Ḥisda: if it was made like a double flute, the uppermost line under which are two others must contain at least three words, the lowest two. The middle one I do not know. Rebbi Jeremiah said it: Rebbi Ze`ira in the name of Rav Ḥisda; Rebbi Jonah and Rebbi Yose both say, Rebbi Ze`ura in the name of Ashian bar Nidba; the colleagues say, Rebbi Ze`ira in the name of Rav Ḥananel. If the ink comes out of the holes it is disqualified. What does he do? He licks it off with his tongue and it jells. If he made an error and omitted the Name. There are Tannaim who state, he suspends the Name. There are Tannaim who state, he erases the profane, writes the Name, and suspends the profane. Rebbi Ze`ira, Rav Ḥananel in the name of Rav: practice follows him who says, he erases the profane, writes the Name, and suspends the profane. Rebbi Ze`ira, Rav Ḥananel in the name of Rav: but if it was like I am the Eternal your God it is permitted. Why? Because these are three words or because part of it is profane? What is the difference between them? God, Highest Power, Eternal. If you are saying because they are three words, they are three words. If you are saying, because part of it is profane, nothing there is profane. For the Eternal is questionable, by the Eternal is questionable.

Rebbi Abba in the name of Rav Jehudah: if it was made like half a bagel. The uppermost line under which are two others must contain at least three words, the middle one two, the lowest one even [on the] earth. Rebbi Ze`ira in the name of Rav Ḥisda: if it was made like a double flute, the uppermost line under which are two others must contain at least three words, the lowest two. The middle one I do not know. Rebbi Jeremiah said it: Rebbi Ze`ira in the name of Rav Ḥisda; Rebbi Jonah and Rebbi Yose both say, Rebbi Ze`ura in the name of Ashian bar Nidba; the colleagues say, Rebbi Ze`ira in the name of Rav Ḥananel. If the ink comes out of the holes it is disqualified. What does he do? He licks it off with his tongue and it jells. If he made an error and omitted the Name. There are Tannaim who state, he suspends the Name. There are Tannaim who state, he erases the profane, writes the Name, and suspends the profane. Rebbi Ze`ira, Rav Ḥananel in the name of Rav: practice follows him who says, he erases the profane, writes the Name, and suspends the profane. Rebbi Ze`ira, Rav Ḥananel in the name of Rav: but if it was like I am the Eternal your God it is permitted. Why? Because these are three words or because part of it is profane? What is the difference between them? God, Highest Power, Eternal. If you are saying because they are three words, they are three words. If you are saying, because part of it is profane, nothing there is profane. For the Eternal is questionable, by the Eternal is questionable.

It was stated: “If the table became impure one immerses it at its time, even on the Sabbath, the words of Rebbi Meïr. But the Sages are saying, immediately.” You find to say, in Rebbi Meïr’s opinion it makes two breads impure; in the rabbis’ opinion it only makes one bread impure. Rebbi Jacob bar Sosai said before Rebbi Yose, even according to Rebbi Meïr it makes only one bread impure. Explain it if it became impure by fluids of questionable status. “Once they immersed the candelabrum. The Sadducees said, look the Pharisees immerse the ball of the sun.”

“Since they said, Sabbath is counted but does not interrupt, holidays interrupt but are not counted.” Rebbi Simon in the name of Rebbi Joḥanan: Because he is permitted sexual relations. Rebbi Jeremiah met Rebbi Judah ben Rebbi Simon. He said to him, (is that from) [so say] all students of Rebbi Joḥanan? Nobody heard this from him except your father. Rebbi Jacob said to him, if it was said, it only was said as one of the questionable statements. The word of Rebbi Joshua ben Levi implies that he is forbidden sexual relations. As Rebbi Simon said in the name of Rebbi Joshua ben Levi, even though they said that there is no mourning on a holiday, the public observe it in private. What means in private? That he is forbidden sexual relations. They objected: Since on a holiday he is forbidden sexual relations and it does not count, the Sabbath where he is forbidden sexual relations should not count. Rebbi Abba said, it is possible to have Seven without a holiday; it is impossible to have Seven without a Sabbath.

Text of the parallel Qiddušin 4:1: Rebbi Jacob bar Aḥa presented traditions: Rebbi Ḥanina and Rebbi Joshua ben Levi, one declares permissible and the other admits. He who declares permissible admits. But he who admits does not declare admissible. Rebbi Yose ben Rebbi Abun in the name of Rebbi Naḥman bar Jacob: Babylonia, as far as family pedigree is concerned, extends up to the zrvq canal. Rebbi Yose ben Rebbi Abun said, Rav and Samuel, one said up to the zrvq canal, the other said up to the Wani canal. Rav Jehudah said, between the rivers is like Nahardea as far as family pedigree is concerned. Rebbi Ḥanina ben Beroqa in the name of Rav Jehudah: The people of Mesene are questionable only because of doubts of desecrated women. The Cohanim amongst them did not care about divorcees. There, they called Mesene dead, Media sick, Elam and gbby dying. The maritime district is the purple-blue of Babylonia. Šny’, gbby’, and ṣrry are purple-blue of the maritime district.

MISHNAH: In all cases in which there were questionable qiddushin or divorces, the [co-wives] must perform ḥalîṣah but cannot have levirate. What are questionable qiddushin? If he threw the betrothal gift to her and there is a doubt whether it fell closer to him or to her, that are questionable qiddushin. What is a questionable divorce? If [the divorce document] was written in his handwriting but without witnesses, or there are witnesses but no date, or there is a date but only one witness, these are questionable divorces.

MISHNAH: In all cases in which there were questionable qiddushin or divorces, the [co-wives] must perform ḥalîṣah but cannot have levirate. What are questionable qiddushin? If he threw the betrothal gift to her and there is a doubt whether it fell closer to him or to her, that are questionable qiddushin. What is a questionable divorce? If [the divorce document] was written in his handwriting but without witnesses, or there are witnesses but no date, or there is a date but only one witness, these are questionable divorces.

MISHNAH: In all cases in which there were questionable qiddushin or divorces, the [co-wives] must perform ḥalîṣah but cannot have levirate. What are questionable qiddushin? If he threw the betrothal gift to her and there is a doubt whether it fell closer to him or to her, that are questionable qiddushin. What is a questionable divorce? If [the divorce document] was written in his handwriting but without witnesses, or there are witnesses but no date, or there is a date but only one witness, these are questionable divorces.

MISHNAH: In all cases in which there were questionable qiddushin or divorces, the [co-wives] must perform ḥalîṣah but cannot have levirate. What are questionable qiddushin? If he threw the betrothal gift to her and there is a doubt whether it fell closer to him or to her, that are questionable qiddushin. What is a questionable divorce? If [the divorce document] was written in his handwriting but without witnesses, or there are witnesses but no date, or there is a date but only one witness, these are questionable divorces.

MISHNAH: In all cases in which there were questionable qiddushin or divorces, the [co-wives] must perform ḥalîṣah but cannot have levirate. What are questionable qiddushin? If he threw the betrothal gift to her and there is a doubt whether it fell closer to him or to her, that are questionable qiddushin. What is a questionable divorce? If [the divorce document] was written in his handwriting but without witnesses, or there are witnesses but no date, or there is a date but only one witness, these are questionable divorces.

HALAKHAH: “In all cases in which there were questionable qiddushin or divorces, the [co-wives] must perform ḥalîṣah but cannot have levirate,” etc. There really is no questionable divorce here. What are questionable qiddushin? If he threw the betrothal gift to her and there is a doubt whether it fell closer to him or to her, that are questionable qiddushin. And here, if he threw the divorce document to her and there is a doubt whether it fell closer to him or to her, that is a questionable divorce.

HALAKHAH: “In all cases in which there were questionable qiddushin or divorces, the [co-wives] must perform ḥalîṣah but cannot have levirate,” etc. There really is no questionable divorce here. What are questionable qiddushin? If he threw the betrothal gift to her and there is a doubt whether it fell closer to him or to her, that are questionable qiddushin. And here, if he threw the divorce document to her and there is a doubt whether it fell closer to him or to her, that is a questionable divorce.

HALAKHAH: “In all cases in which there were questionable qiddushin or divorces, the [co-wives] must perform ḥalîṣah but cannot have levirate,” etc. There really is no questionable divorce here. What are questionable qiddushin? If he threw the betrothal gift to her and there is a doubt whether it fell closer to him or to her, that are questionable qiddushin. And here, if he threw the divorce document to her and there is a doubt whether it fell closer to him or to her, that is a questionable divorce.

HALAKHAH: “In all cases in which there were questionable qiddushin or divorces, the [co-wives] must perform ḥalîṣah but cannot have levirate,” etc. There really is no questionable divorce here. What are questionable qiddushin? If he threw the betrothal gift to her and there is a doubt whether it fell closer to him or to her, that are questionable qiddushin. And here, if he threw the divorce document to her and there is a doubt whether it fell closer to him or to her, that is a questionable divorce.

HALAKHAH: “In all cases in which there were questionable qiddushin or divorces, the [co-wives] must perform ḥalîṣah but cannot have levirate,” etc. There really is no questionable divorce here. What are questionable qiddushin? If he threw the betrothal gift to her and there is a doubt whether it fell closer to him or to her, that are questionable qiddushin. And here, if he threw the divorce document to her and there is a doubt whether it fell closer to him or to her, that is a questionable divorce.

Rav Jehudah in the name of Rav: Practice follows Rebbi Eliezer. The words of the Sages? Rebbi Jeremiah in the name of Rebbi Samuel bar Rav Isaac, it is written: “No bastard shall marry into the Eternal’s congregation”. He cannot marry into a congregation which is certain. He may marry if the membership in the congregation is questionable.

What are palisades? Rebbi Abba in the name of Rav Ḥiyya bar Ashi: For examples if bells, chains, and ropes, and geese, and chickens and machinery surround the town. And Rebbi Abba in the name of Rav Ḥama bar Ashi said, it happened that a blind woman was able to flee from there. If there was one breach, it saves all. If there were hiding places, it is questionable. Rebbi Ze‘ira, Rebbi Abba bar Zavda, Rebbi Isaac bar Ḥaqula, in the name of Rebbi Yudan the prince: Only if there were palisades of that government. But palisades from another government are like robbers.

Ḥizqiah said, if he redeemed them they revert to their sanctity. Rebbi Joḥanan said, if he redeemed them they are redeemed. The Mishnah disagrees with Rebbi Joḥanan: “These have no redemption.” He explains thus: After they have been cut they do not need redemption. Rebbi Yose said, what Ḥizqiah said refers to the case that he himself redeemed them. But if another person redeemed them, the sanctity is removed from them. The argument of Rebbi Yose is switched: There, he says that if [another] redeemed them, the sanctity is removed from them, but here, he says that if she was married to another man the qiddušin [of the first] were not removed! All that is questionable for him is if he gave her two peruṭot, one for the moment and one for after he has divorced her, what is the situation?

It was stated: “All substitute names for nazir vows are like nazir vows, and one whips because of them.” Even though Rebbi Joḥanan said, one does not whip for prohibitions, he agrees in this case that he is whipped. Even though Rebbi Simeon said, he does not bring a sacrifice, he agrees in this case that he be whipped. Even though Rebbi Jehudah said, a questionable nazir vow is permitted, he agrees in this case that he be whipped. Where do we hold? If he has the intention of becoming a nazir, even if he only said, I shall be a nazir if I mention bread, he is a nazir. Similarly, if he had no intention of becoming a nazir, even if he mentioned nazir, he is no nazir; for example if he was reading the Torah and mentioned nazir,naziq. But we hold about one who says, I declared my vow of nazir by any of these expressions. If one of them is a valid expression of a vow of nazir, it will fall on him, otherwise, will the vow of nazir not fall on him? One tells him: keep the discipline.

HALAKHAH: “I shall be a nazir if I have a son,” etc. A daughter counts for nothing, a sexless or a hermaphrodite are questionable.

MISHNAH: If a person said to two nezirim: I saw one of you becoming impure but I do not know which one of you it was, they bring one sacrifice of impurity and one of purity. One of them says, if I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is yours. Then they count another thirty days and bring one sacrifice of purity; (Mishnah 2) one of them says, if I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was yours, hence this is your sacrifice of purity. If one of them died, Rebbi Joshua said, he should seek out a person from the general public who would make a vow of nazir corresponding to his needs and say: If I was impure, you are a nazir immediately, but if I was pure, you are a nazir after 30 days. They count 30 days and bring one sacrifice of impurity and one of purity (Mishnah 3) and he says: If I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is questionable. Then they count another thirty days, bring one sacrifice of purity (Mishnah 4) and he says: If I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was questionable; hence this is your sacrifice of purity. Ben Zoma said to him, who would accommodate him to make a vow of nazir corresponding to his needs? But he brings a bird as purification offering and an animal as elevation offering and says: If I was impure, the purification offering is for my obligation and the elevation offering is voluntary. But if I was pure, the elevation offering is for my obligation and the purification offering is questionable. Then he counts 30 days and brings one sacrifice (of impurity and one) of purity (Mishnah 5) and says: If I was impure, the first elevation offering was voluntary and the one now is for my obligation. But if I was pure, the first elevation offering was for my obligation and now I am bringing the remainder of my sacrifices. Rebbi Joshua said, then it turns out that he brings his sacrifices piecemeal! But the Sages accepted the words of Ben Zoma.

MISHNAH: If a person said to two nezirim: I saw one of you becoming impure but I do not know which one of you it was, they bring one sacrifice of impurity and one of purity. One of them says, if I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is yours. Then they count another thirty days and bring one sacrifice of purity; (Mishnah 2) one of them says, if I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was yours, hence this is your sacrifice of purity. If one of them died, Rebbi Joshua said, he should seek out a person from the general public who would make a vow of nazir corresponding to his needs and say: If I was impure, you are a nazir immediately, but if I was pure, you are a nazir after 30 days. They count 30 days and bring one sacrifice of impurity and one of purity (Mishnah 3) and he says: If I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is questionable. Then they count another thirty days, bring one sacrifice of purity (Mishnah 4) and he says: If I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was questionable; hence this is your sacrifice of purity. Ben Zoma said to him, who would accommodate him to make a vow of nazir corresponding to his needs? But he brings a bird as purification offering and an animal as elevation offering and says: If I was impure, the purification offering is for my obligation and the elevation offering is voluntary. But if I was pure, the elevation offering is for my obligation and the purification offering is questionable. Then he counts 30 days and brings one sacrifice (of impurity and one) of purity (Mishnah 5) and says: If I was impure, the first elevation offering was voluntary and the one now is for my obligation. But if I was pure, the first elevation offering was for my obligation and now I am bringing the remainder of my sacrifices. Rebbi Joshua said, then it turns out that he brings his sacrifices piecemeal! But the Sages accepted the words of Ben Zoma.

MISHNAH: If a person said to two nezirim: I saw one of you becoming impure but I do not know which one of you it was, they bring one sacrifice of impurity and one of purity. One of them says, if I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is yours. Then they count another thirty days and bring one sacrifice of purity; (Mishnah 2) one of them says, if I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was yours, hence this is your sacrifice of purity. If one of them died, Rebbi Joshua said, he should seek out a person from the general public who would make a vow of nazir corresponding to his needs and say: If I was impure, you are a nazir immediately, but if I was pure, you are a nazir after 30 days. They count 30 days and bring one sacrifice of impurity and one of purity (Mishnah 3) and he says: If I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is questionable. Then they count another thirty days, bring one sacrifice of purity (Mishnah 4) and he says: If I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was questionable; hence this is your sacrifice of purity. Ben Zoma said to him, who would accommodate him to make a vow of nazir corresponding to his needs? But he brings a bird as purification offering and an animal as elevation offering and says: If I was impure, the purification offering is for my obligation and the elevation offering is voluntary. But if I was pure, the elevation offering is for my obligation and the purification offering is questionable. Then he counts 30 days and brings one sacrifice (of impurity and one) of purity (Mishnah 5) and says: If I was impure, the first elevation offering was voluntary and the one now is for my obligation. But if I was pure, the first elevation offering was for my obligation and now I am bringing the remainder of my sacrifices. Rebbi Joshua said, then it turns out that he brings his sacrifices piecemeal! But the Sages accepted the words of Ben Zoma.

HALAKHAH: “Rebbi Eleazar ben Azariah said three things before the Sages in the vineyard at Jabne: About [people in] a city which was surrounded by palisades.”What are palisades? Rebbi Abba in the name of Rav Ḥiyya bar Ashi: For example if bells, chains, and dogs, and geese, and chickens, and soldiers surround the town. And Rebbi Abba in the name of Rav Ḥiyya bar Ashi said, it happened that a blind woman was able to flee from there. If there was one breach, it saved all. If there were hiding places, it is questionable. Rebbi Ze‘ira, Rebbi Abba bar Zavda, Rebbi Isaac bar Ḥaqula, in the name of Rebbi Yudan the Prince: Only if there were palisades of that government. But palisades from another government are like robbers.

There could be terms. If he entered into terms with him, it is permitted. That means, with adults. With minors, the terms can be with their masters. That is, if the master was a Jew. If he was Gentile? Rebbi Tevele sold his slave and entered into terms with his master. Rebbi Isaac the goldsmith had slaves who fled to Bnoton. He came and asked Rebbi Immi who instructed him that a sales contract is forbidden, a loan for use is permitted, a cession is questionable. The slave girl of Rebbi Abba bar Ada fled to Cilicia. He came and asked Rebbi Mana, who instructed him following Rebbi Immi: a sales contract is forbidden, a loan for use is permitted, a cession is questionable.

There could be terms. If he entered into terms with him, it is permitted. That means, with adults. With minors, the terms can be with their masters. That is, if the master was a Jew. If he was Gentile? Rebbi Tevele sold his slave and entered into terms with his master. Rebbi Isaac the goldsmith had slaves who fled to Bnoton. He came and asked Rebbi Immi who instructed him that a sales contract is forbidden, a loan for use is permitted, a cession is questionable. The slave girl of Rebbi Abba bar Ada fled to Cilicia. He came and asked Rebbi Mana, who instructed him following Rebbi Immi: a sales contract is forbidden, a loan for use is permitted, a cession is questionable.

HALAKHAH: “You are permitted to any man,” etc. There really is no questionable divorce here. What are questionable qiddušin? As we have stated there: If he threw the betrothal gift to her and there is a doubt whether it fell closer to him or to her, those are questionable qiddušin. And here, if he threw the divorce document to her and there is a doubt whether it fell closer to him or to her, that is a questionable divorce.

HALAKHAH: “You are permitted to any man,” etc. There really is no questionable divorce here. What are questionable qiddušin? As we have stated there: If he threw the betrothal gift to her and there is a doubt whether it fell closer to him or to her, those are questionable qiddušin. And here, if he threw the divorce document to her and there is a doubt whether it fell closer to him or to her, that is a questionable divorce.

HALAKHAH: “You are permitted to any man,” etc. There really is no questionable divorce here. What are questionable qiddušin? As we have stated there: If he threw the betrothal gift to her and there is a doubt whether it fell closer to him or to her, those are questionable qiddušin. And here, if he threw the divorce document to her and there is a doubt whether it fell closer to him or to her, that is a questionable divorce.

HALAKHAH: “You are permitted to any man,” etc. There really is no questionable divorce here. What are questionable qiddušin? As we have stated there: If he threw the betrothal gift to her and there is a doubt whether it fell closer to him or to her, those are questionable qiddušin. And here, if he threw the divorce document to her and there is a doubt whether it fell closer to him or to her, that is a questionable divorce.

Ḥizqiah said, if he redeemed them they revert to their sanctity. Rebbi Joḥanan said, if he redeemed them they are redeemed. The Mishnah disagrees with Rebbi Joḥanan: “These have no redemption.” He explains thus: After they were cut they do not need redemption. Rebbi Yose said, what Ḥizqiah said refers to the case that he himself redeemed them. But if another person redeemed them, the sanctity is removed from them. The argument of Rebbi Yose is switched: There, he says that if [another] redeemed them, the sanctity is removed from them, but here, he says that if she was married to another man the qiddušin [of the first] were not removed! All that is questionable for him is if he gave her two peruṭot, one for the moment and one for after he divorced her; what is the situation?

Rebbi Jacob bar Aḥa presented traditions: Of Rebbi Ḥanina and Rebbi Joshua ben Levi, one declares permissible and the other admits. He who declares permissible admits. But he who admits does not declare admissible. Rebbi Yose ben Rebbi Abun in the name of Rebbi Naḥman: Babylonia, as far as family pedigree is concerned, extends up to the yzq canal. Rebbi Yose ben Rebbi Abun said, of Rav and Samuel, one said up to the yzq canal, the other said up to the Wani canal. Rav Jehudah said, between the rivers is like Nahardea as far as family pedigree is concerned. Rebbi Ḥanina ben Beroqa in the name of Rav Jehudah: The people of Moesia are questionable only because of doubts of desecrated women. The Cohanim amongst them did not care about divorcees. There they said, Moesia is dead, Media sick, Elam and gbby dying. The maritime district is the purple-blue of Babylonia. Šny’,gbby’,and ṣrry are purple-blue of the maritime district.

MISHNAH: Any who are forbidden to marry in the congregation are permitted to marry one another but Rebbi Jehudah forbids. Rebbi Eliezer says, certain with certain are permitted, certain with questionable, questionable with certain, and questionable with questionable are forbidden. The following are questionable: the silenced one, the foundling, and the Samaritan.

MISHNAH: Any who are forbidden to marry in the congregation are permitted to marry one another but Rebbi Jehudah forbids. Rebbi Eliezer says, certain with certain are permitted, certain with questionable, questionable with certain, and questionable with questionable are forbidden. The following are questionable: the silenced one, the foundling, and the Samaritan.

MISHNAH: Any who are forbidden to marry in the congregation are permitted to marry one another but Rebbi Jehudah forbids. Rebbi Eliezer says, certain with certain are permitted, certain with questionable, questionable with certain, and questionable with questionable are forbidden. The following are questionable: the silenced one, the foundling, and the Samaritan.

MISHNAH: Any who are forbidden to marry in the congregation are permitted to marry one another but Rebbi Jehudah forbids. Rebbi Eliezer says, certain with certain are permitted, certain with questionable, questionable with certain, and questionable with questionable are forbidden. The following are questionable: the silenced one, the foundling, and the Samaritan.

MISHNAH: Any who are forbidden to marry in the congregation are permitted to marry one another but Rebbi Jehudah forbids. Rebbi Eliezer says, certain with certain are permitted, certain with questionable, questionable with certain, and questionable with questionable are forbidden. The following are questionable: the silenced one, the foundling, and the Samaritan.

Rav Jehudah in the name of Rav: Practice follows Rebbi Eliezer. The words of the Sages? Rebbi Jeremiah in the name of Rebbi Samuel bar Rav Isaac: “No bastard shall marry into the Eternal’s congregation”. He cannot marry into a congregation which is certain. He may marry if the membership in the congregation is questionable.

Rebbi Yudan asked: If he claimed the claim of a thief and duress? He told him, an armed robber came and took it; does he have to pay double restitution of duress? Rebbi Yose said, if it were so one should state “the paid keeper and the renter;” but we have stated: We do not find that the paid keeper and the renter pay double restitution of duress. On this we have stated, “this is an argument de minore ad majus which is questionable”. Rebbi Ḥanina said, if you say so, should you say, this is an argument de minore ad majus which is questionable, for he can tell him, let us say that the borrower pays double restitution. On this it was stated, this is an argument de minore ad majus which cannot be challenged.

Rebbi Yudan asked: If he claimed the claim of a thief and duress? He told him, an armed robber came and took it; does he have to pay double restitution of duress? Rebbi Yose said, if it were so one should state “the paid keeper and the renter;” but we have stated: We do not find that the paid keeper and the renter pay double restitution of duress. On this we have stated, “this is an argument de minore ad majus which is questionable”. Rebbi Ḥanina said, if you say so, should you say, this is an argument de minore ad majus which is questionable, for he can tell him, let us say that the borrower pays double restitution. On this it was stated, this is an argument de minore ad majus which cannot be challenged.

Rav said, Calendae are forbidden for everybody. Rebbi Joḥanan said, it is forbidden only for those worshipping on them. Saturnalia are forbidden for everybody. Rebbi Joḥanan said, both Calendae and Saturnalia are forbidden only for those worshipping on them. The colleagues asked: are wives of worshippers like worshippers? Rebbi Abbahu asked: is the parade of Caesarea like worship, since it is full of Samaritans? The parade of Duqim is questionable. Rebbi Ze‘ira sent Rebbi Bevai that he should buy him a small web from the Saturnalia of Bet-Shean. He came to Rebbi Yose. He thought that he would instruct him following Rebbi Joshua ben Levi who permitted it. But he instructed him following Rebbi Joḥanan that it was forbidden. Rav said, Calends are eight days before the solstice, Saturnalia eight days after the solstice. Rebbi Joḥanan said, prwqṭw is the head of the turning point.

because he had done a lav sh'ein bo maiseh [no action] and any lav sh'ein bo maiseh is not punishable with flogging. Reish Lakash says he is not flogged because it involved only a questionable warning, and a questionable warning does not constitute a valid warning.

because he had done a lav sh'ein bo maiseh [no action] and any lav sh'ein bo maiseh is not punishable with flogging. Reish Lakash says he is not flogged because it involved only a questionable warning, and a questionable warning does not constitute a valid warning.

And they both derive their views from [the same statement] of Rebbi Yehudah. For It was taught in a barasia, (Exodus 12, 10) "And do not leave anything over until morning. And anything leftover until morning [must be burned in fire] etc." the Torah comes to give a positive commandment following a negative commandment to teach that he is not liable to malkus. These are the words of Rebbi Yehudah. Rebbi Yochanon expounds thus, the reason [Rebbi Yehudah says that he isn't flogged] is because the Torah comes [with a remedial positive commandment], but if the Torah would not have came then he would be flogged. We therefore see that a questionable warning constitutes as a valid warning.

But according to Reish Lakash, this certainly is also a case of a questionable warning. [Why then does he not make the diuk that Rebbi Yochanon made?]

he holds like the other opinion of Rebbi Yehudah's views, that it was taught in a baraisa If one hit this [person who might have been his father] and then hit the other [person who might have been his father], or if he cursed this one and then that one, or if he hit them both simultaneously, or cursed them both simultaneously, Rebbi Yehudah says, If it was simultaneously he is liable, if not he is exempt [because it would be only an questionable warning.]

Rav Yosef says, It is subject to a tannaic dispute. Rebbi Meir says One need not designate by name maiser ani of demai [questionable produce bought from an ignoramus], but the sages say

is it not that in this facet they are arguing, that one holds [produce is still] considered tevel [i.e. untithed, until maser ani is removed as well]. And the other one holds [maser ani] does not render the produce tevel. Abaye said to him. If so [that they argue about whether maser ani can render the produce tevel], then rather than arguing in a case of questionable produce [demai] they should argue in a case where it was known [that maser ani] was not separated.