rabban

MISHNAH: One writes a bill of divorce for a man even though his wife not be present, and a receipt for the wife even though he husband not be present on condition that he know her. The husband pays the fee. One writes a document of indebtedness for the borrower even though the creditor not be present, but one does not write a document of indebtedness for the creditor if the borrower not be present. The borrower pays the fee. One writes a sale contract for the seller even though the buyer not be present, but one does not write a sale contract for the buyer if the seller not be present. The buyer pays the fee. Documents of preliminary and definitive marriage one only writes on the orders of both parties; the groom pays the fee. Documents of share-cropping and leases one only writes on the orders of both parties; the tenant pays the fee. Documents of arbitration and court decisions one only writes on the orders of both parties; both of them pay the fee. Rabban Simeon ben Gamliel says, one writes them in duplicate, one for each party.

HALAKHAH: “One writes a bill of divorce for a man,” etc. Rebbi Abba said: He has to know both of them. Rebbi La said, he has to know the husband for his bill of divorce and the woman for her receipt. A Mishnah disagrees with Rebbi Abba: “Rabban Gamliel the Elder instituted that one should write Mr. X and all his names, Mrs. Y and all her names, for the public good.” But even with Rebbi [La] it does not disagree: “In earlier times, his name and her name and the names of his and her towns could change.”

“One writes a sale contract for the seller,” etc. Rebbi Uqba said, it was stated in Ketubot of the school of Levi: If one said, my document was lost, the court writes him a confirmation. It was stated: Rabban Simeon ben Gamliel said, even for documents of arbitration one writes him a confirmation.

MISHNAH: Somebody who gives a loan to another person with a guarantor may not request payment from the guarantor. If he said, on condition that I may request payment from whom I choose, he may ask payment from the guarantor. Rabban Simeon ben Gamliel said, if the debtor has real estate then in no case may he request payment from the guarantor.

There, they instruct that practice everywhere follows Rabban Simeon ben Gamliel except for the guarantor, Sidon, and the last proof. They say, only in the Mishnah. Rebbi Immi bar Qorḥa in the name of Rav: Why did they say, practice everywhere follows Rabban Simeon ben Gamliel? For he pronounced specific practices decided by his court.

There, they instruct that practice everywhere follows Rabban Simeon ben Gamliel except for the guarantor, Sidon, and the last proof. They say, only in the Mishnah. Rebbi Immi bar Qorḥa in the name of Rav: Why did they say, practice everywhere follows Rabban Simeon ben Gamliel? For he pronounced specific practices decided by his court.

MISHNAH: Similarly did Rabban Simeon ben Gamliel say that if a person was guarantor for a woman’s ketubah and her husband divorced her, the latter has to make a vow not to have any usufruct from her so they could not plan a partnership against that person’s property and then he would take back his wife.

HALAKHAH: “Similarly did Rabban Simeon ben Gamliel say,” etc. The father-in-law of Rebbi Ḥaggai’s daughter was guarantor for Rebbi Ḥaggai’s daughter’s ketubah. She turned out to be a spendthrift. The case came before Rebbi Aḥa, who said that he would have to make a vow not to have usufruct. Rebbi Yose said, he does not have to make a vow not to have usufruct. The colleagues said before Rebbi Yose, but if he would take her back, the creditor would come and seize it. He said, he would not take her back. But it could be transformed into movables or paraphernalia which the creditors could not seize. The case was decided following Rebbi Aḥa.

It was stated: “Rabban Simeon ben Gamliel says, judgment is passed by three [judges], a compromise is made by two. The compromise is stronger than the judgment in that two [judges] who judged can repeal their judgment but two who negotiated a compromise cannot repeal.

MISHNAH: Whipping by three [judges]; in the name of Rebbi Ismael they said, by 23. The lengthening of a month by three [judges], the intercalation of a year by three [judges], the words of Rebbi Meïr. Rabban Simeon ben Gamliel says, one starts with three, one discusses with five, and one votes with seven. But if they voted with three, it is intercalated. The leaning of Elders and the breaking of the calf’s neck by three [judges], the words of Rebbi Simeon, but Rebbi Jehudah says, by five. Ḥalîṣah and repudiations by three [judges], [redemption of] the growth of the fourth year and Second Tithe whose value is not known by three [appraisers], also of Temple dedications by three. Estimations of movables by three [appraisers], Rebbi Jehudah says that one of them must be a Cohen; of real estate nine and a Cohen. The same holds for humans. Capital crimes [are judged] by 23. The participants in active or passive bestiality [is judged] by 23, as it is said, you shall slay the woman and the animal, and it says, and you shall slay the animal. The bull to be stoned [is judged] by 23, as it is said, the bull shall be stoned, also its owner shall die; like the owner’s death sentence so is the ox’s death sentence. The wolf and the lion, the bear, and the tiger, and the panther, and the snake are sentenced to death by 23. Rebbi Eliezer says, anyone quick to kill them is meritorious; Rebbi Aqiba says, they are sentenced by 23.

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.

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.

“For three indications one intercalates a year: because of fresh grain, the equinox, and tree fruits. One intercalates because of two of them, because of a single one does not intercalate; but if they intercalated, it is intercalated. If fresh grain was one of the reasons, everybody was happy. Rabban Simeon ben Gamliel said, also because of the equinox.”

“One intercalates neither because of the cold, nor because of the rains; if they did intercalate it is not intercalated. One intercalates neither because of kid goats nor because of pigeon chicks, nor because of milk [lambs]; but all of them are ancillary reasons for the year. Rebbi Yannai said that Rabban Gamliel used to say: The sheep are thin and the pigeon chicks small; it appears good in my eyes and in those of my colleagues to add thirty days to the year.”

“Rebbi Jehudah said: it happened that Rabban Gamliel and the Elders were sitting on stairs on the Temple Mount; their scribe Joḥanan was sitting before them when Rabban Gamliel said to him, write: To our brothers in the Upper Southland and the Lower Southland, may you have much peace. We inform you that the time of liquidation has come, to deliver tithes from the sheaves of grain. To our brothers in the Upper Galilee and the Lower Galilee, may you have much peace. We inform you that the time of liquidation has come, to deliver tithes from the olive presses. To our brothers in the diaspora of Babylonia, the diaspora of Media, the diaspora of Greece, and all other diasporas of Israel, may you have much peace. We inform you that the sheep are thin, the pigeon chicks small, and springtime has not arrived; it appears good in my eyes and those of my colleagues to add thirty days to this year.”

“Rebbi Jehudah said: it happened that Rabban Gamliel and the Elders were sitting on stairs on the Temple Mount; their scribe Joḥanan was sitting before them when Rabban Gamliel said to him, write: To our brothers in the Upper Southland and the Lower Southland, may you have much peace. We inform you that the time of liquidation has come, to deliver tithes from the sheaves of grain. To our brothers in the Upper Galilee and the Lower Galilee, may you have much peace. We inform you that the time of liquidation has come, to deliver tithes from the olive presses. To our brothers in the diaspora of Babylonia, the diaspora of Media, the diaspora of Greece, and all other diasporas of Israel, may you have much peace. We inform you that the sheep are thin, the pigeon chicks small, and springtime has not arrived; it appears good in my eyes and those of my colleagues to add thirty days to this year.”

“When they sanctified the year at Usha, on the first day Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa, led and recited following the opinion of Rebbi Joḥanan ben Nuri. Rabban Simeon ben Gamliel said, we did not follow this at Jabneh. On the second day, Rebbi Ḥananiah, the son of Rebbi Yose the Galilean, led and recited following Rebbi Aqiba. Rabban Simeon ben Gamliel said, this we did follow at Jabneh.” But does this not mean that they sanctified it on the first and the second day? Rebbi Zeˋira in the name of Rav Ḥisda: That year was disorganized. What is “on the first, on the second”? Rav Abba in the name of Rav: The first year, the second year! But was it not stated: the first day, the second day?

“When they sanctified the year at Usha, on the first day Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa, led and recited following the opinion of Rebbi Joḥanan ben Nuri. Rabban Simeon ben Gamliel said, we did not follow this at Jabneh. On the second day, Rebbi Ḥananiah, the son of Rebbi Yose the Galilean, led and recited following Rebbi Aqiba. Rabban Simeon ben Gamliel said, this we did follow at Jabneh.” But does this not mean that they sanctified it on the first and the second day? Rebbi Zeˋira in the name of Rav Ḥisda: That year was disorganized. What is “on the first, on the second”? Rav Abba in the name of Rav: The first year, the second year! But was it not stated: the first day, the second day?

Rebbi Abba said, in earlier times, every one was ordinating his students; for example Rabban Joḥanan ben Zakkai ordained Rebbi Eliezer and Rebbi Joshua, Rebbi Joshua Rebbi Aqiba, and Rebbi Aqiba Rebbi Meïr and Rebbi Simeon. He said, Rebbi Meïr shall preside; the face of Rebbi Simeon became yellow. Rebbi Aqiba told him, it is enough that I and your Creator recognize your power. They changed and honored this dynasty, saying: If a court ordained without the consent of the Patriarch, their ordination is no ordination, but if the Patriarch ordained without consent of the court, his ordination is ordination. They changed again and instituted that neither shall the Court ordain without consent of the Patriarch, nor the Patriarch without consent of the Court.

It was stated: One does not make public tender for slaves, securities, and movables. [What is public tender?] Rebbi Jehudah ben Pazi said, announcement. Ulla bar Ismael said, slaves lest they flee, securities and movables lest they be stolen. Rebbi Abba bar Cohen asked before Rebbi Yose: Does this not imply that a slave be redeemed in front of three people? He answered him, yes. But did we not state: “Real estate nine and a Cohen. The same holds for humans”? He answered him, but the human here is a free person. Ḥanania bar Šelemiah in the name of Rav: A case came before Rebbi who wanted to act following the rabbis. Rebbi Eleazar ben Proteus, the grandson of Rebbi Eleazar ben Proteus, said to him: Rebbi, did you not teach us in your grandfather’s name, “except if he offered public tender”? He answered, yes, changed his mind, and acted following Rabban Gamliel.

“From where that one adds another three, etc. It was stated: Rabban Simeon ben Gamliel said, in earlier times the ketubah of qualified women was signed only by priests, Levites, or Israel whose daughters were qualified to marry into the priesthood. Rebbi Yose said, in earlier times there was no disagreement in Israel but the Synhedrion of 71 members were sitting in the free-stone hall; two courts of three members each were sitting, one in the glacis and one on the Temple Mount; and a court of 23 was sitting in every town of the Land of Israel. If somebody had a question of religious practice, he went and asked it from the court in his town. If they had heard [the answer], they told him; otherwise he and their distinguished member went and asked a court in their neighborhood. If these had heard [the answer], they told him; otherwise he and their distinguished member went and asked from the court on the Temple Mount. If these had heard [the answer], they told him; otherwise he and their distinguished member went and asked from the court on the glacis. If these had heard [the answer], they told him; otherwise they together entered the High Court in the free-stone hall since from there instruction came accepted in all of Israel, as it is said: From this place which the Eternal will choose. Even though the Synhedrion in the free-stone hall had 71 members, those present never numbered less than 23. If one of them had to leave, he was looking around; if 23 others were present, he would leave, otherwise he would not leave. They were in session from the daily morning sacrifice to the daily evening sacrifice. On Sabbaths and holidays, they were sitting in the study hall on the Temple Mount. If a question of practice came up, if they had heard the answer, they told them; otherwise they prepared to vote. If a majority was for acquitting, they acquitted. If a majority was for a guilty verdict, they rendered a verdict of guilty. If a majority was for declaring pure, they declared pure. If a majority was for declaring impure, they declared impure. From the time that there were many students of Shammai and Hillel who did not study enough under their teachers, many disagreements arose and two doctrines developed. From there, they were sending to all towns in the Land of Israel; any time they found a person who was wise, meek, even-tempered, benevolent, pleasing, humble, good-hearted, with good intentions, and well endowed, they were placing him on the court of the Temple Mount, from there to the court on the glacis, and from there to the High Court in the free-stone hall.

The Synhedrion was like a threshing floor in the shape of a semi-circle; the president sat in the middle so they might see him and hear his voice. Rebbi Eleazar ben Rebbi Ṣadoq said, when Rabban Gamliel was sitting at Jabneh, my father and his brother were sitting to his right and the Elders to his left, to honor the old man.

General Antoninus asked Rabban Joḥanan ben Zakkai: The sum is deficient, the details are excessive. He told him, these 300 were firstborn of the priesthood; no holy one redeems a holy one.

General Antigonos asked Rabban Joḥanan ben Zakkai: Your teacher Moses either was a thief or he did not know how to compute, for it is written: a beqaˋ per head. If you make the centenarius 100 pounds, he stole one sixth. If you make it 60 pounds, he stole half. He answered him, our teacher Moses was a trustworthy treasurer expert in computations. He answered him, is it not written, they contributed bronze twenty talents; for us that makes 96 pounds and he mentions them in detail. He answered back, because it does not add up to a centenarius; if you would say that it added up to a centenarius, he would have stolen half. He told him, but it is written 1’775, would that not make 71 pounds and he mentions it in detail. He answered back, if you would say that it added up to a centenarius, he would have stolen half. He told him, but it is written, the sheqel is 20 gera, twenty sheqel, twenty-five sheqel, twenty-five sheqel the manehshall be for you; the talent of the Holy One, praise to Him, was double. He answered back, he was a trustworthy treasurer and expert in computations.

MISHNAH: Any time one produces a proof he may demand a new trial. If they told him, produce all your proofs within thirty days, if he produced within thirty days, he gets a new trial, after thirty days he does not get a new trial. Rabban Simeon ben Gamliel said, what can one do if he did not find within thirty [days] but found after thirty [days]?

MISHNAH: If they told him, produce witnesses; he said, I have no witness; produce proofs; he said, I have no proofs. If later he found a proof, or he found witnesses, this is irrelevant. Rabban Gamliel said, what should he do who did not know that he had witnesses but found witnesses; he did not know that he had proof, but he found proof? If they told him, produce witnesses; he said, I have no witness; produce proofs; he said, I have no proofs; when he saw that the decision would go against him he said, X and Y shall come and testify for me, or he produced proof from his money belt, this is irrelevant.

HALAKHAH: “Rabban Simeon ben Gamliel said,” etc. Rebbi Joḥanan in the name of Rav Hoshaiah: Three Amoraïm. One said, any time he brings proof he can demand a new trial. The other said, if he brought within 30 days, he can demand a new trial, after 30 days he cannot demand a new trial. The other said, he never can demand a new trial unless he prove that he absolutely had no knowledge of it. But did we not state: “Rabban Gamliel said, what should he do who did not know that he had witnesses but found witnesses; that he had no proof, but found proof?” Rebbi La and Rebbi Zeˋira: One said, unless he voided his proofs; the other said, until he disclaimed his proofs.

HALAKHAH: “Rabban Simeon ben Gamliel said,” etc. Rebbi Joḥanan in the name of Rav Hoshaiah: Three Amoraïm. One said, any time he brings proof he can demand a new trial. The other said, if he brought within 30 days, he can demand a new trial, after 30 days he cannot demand a new trial. The other said, he never can demand a new trial unless he prove that he absolutely had no knowledge of it. But did we not state: “Rabban Gamliel said, what should he do who did not know that he had witnesses but found witnesses; that he had no proof, but found proof?” Rebbi La and Rebbi Zeˋira: One said, unless he voided his proofs; the other said, until he disclaimed his proofs.

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.

And like planted nails. Why does he not say, “like fixed nails and planted trees”? They chose and selected the iron and improved the planting of iron rods. Another explanation, and like planted nails. Just as this nail, once it has been fixed, if you then remove it from its place, its place remains visible; so everybody against whom the rabbis stretched out their hand, even if afterwards they took him back, in the end he will take what is coming to him from their hands. Another explanation, and like planted nails; it is written watches. Since there are 24 watches, there should be 24 nails. How many nails should it have? Rebbi Joḥanan said five, corresponding to the five books of the Torah. Rebbi Ḥinena said seven, corresponding to your days are your steps. Rebbi Aḥa explained following Rebbi Ḥanina: nine. Rebbi put eleven on one [shoe] and thirteen on the other, for the number of watches. Rebbi Yose ben Ḥanina said, a crooked nail is not counted with the nails. Rebbi Abba bar Zavda asked before Rebbi Zeˋira: may one put all of them on one boot? He told him, it is permitted. May one put all of them on one sandal? He told him, it is permitted. It was stated: One does not scrape old boots or sandals but one may anoint them or dip them in water. Rebbi Crispus in the name of Rebbi Joḥanan: The students of the Elder Rebbi Ḥiyya say that those of first rank said, one may scrape, those of second rank said, one may not scrape. They asked Rebbi, who told them, one does not scrape. Rebbi Zeˋira said, here goes one of the students of the Elder Rebbi Ḥiyya. Rebbi Ḥiyya bar Ashi said, we used to sit before Rav and were anointing and rinsing, but not scraping. It was stated: A person should wear new boots and sandals only if he walked in them during daytime. How far should he walk? The people from the house of Bar Qappara said, from the House of Study of Bar Qappara to the House of Study of Rebbi Hoshaia. The Sepphoreans say, from the Babylonian synagogue to Rebbi Ḥama bar Ḥanina’s house. The Tiberians say, from the Academy to Rebbi Hoshaia’s store. It was stated: Nobody should anoint his foot in a shoe or sandal but he may anoint his foot and step into his shoe or his sandal. One may anoint himself and roll on a tarpaulin without worry. One should not put it on a marble slab to roll himself in it, but Rabban Gamliel permits it. Another explanation, and like planted nails. If words about Torah are spelled out clearly by their authors, they are sweet to their listeners like well-ordered saplings. But if they come out confused, they are as bitter for their listeners as nails.

Rebbi Simeon ben Menasia says: Beauty, and vigor, and riches, and wisdom, and white hair, and honor, and children, are an adornment for the just. What is the reason? A crown of glory is white hair; on the way of piety it is found. A crown of the elderly are grandchildren; the glory of children are their parents. The glory of the young is their force; the splendor of the elderly is white hair. And it says, before his Elders in honor. It was stated: Rabban Simeon ben Gamliel says, these seven qualities which the Sages enumerated for the just were all realized by Rebbi and his sons. Rebbi Joḥanan said, all seven qualities which the Sages enunciated about the just were in Rebbi. Who was Rebbi? Rebbi is Rebbi Jehudah the Prince. Rebbi Abbahu said, Rebbi is Rebbi Yudan the Prince, is Our Teacher.

It was stated: Rabban Simeon ben Gamliel says, there is nothing square from the six Days of Creation. Rebbi Berekhiah objected: Did we not state: “The body of baheret is like a square Cilician grit. The place for a grit is nine lentils. The space for a lentil is four hairwidths; in all 36 hairwidths.” Rebbi (Yosna) said, that in itself says that there is no square. Why was it stated “squared”? That he should square it. And כגעה? It is full of knots. But there is the bunch of pila! It is round below. Some wanted to say, Rabban Simeon ben Gamliel said this only about creatures, There is square in foods, there is no square in creatures.

It was stated: Rabban Simeon ben Gamliel says, there is nothing square from the six Days of Creation. Rebbi Berekhiah objected: Did we not state: “The body of baheret is like a square Cilician grit. The place for a grit is nine lentils. The space for a lentil is four hairwidths; in all 36 hairwidths.” Rebbi (Yosna) said, that in itself says that there is no square. Why was it stated “squared”? That he should square it. And כגעה? It is full of knots. But there is the bunch of pila! It is round below. Some wanted to say, Rabban Simeon ben Gamliel said this only about creatures, There is square in foods, there is no square in creatures.

Does one tell him, be in the clear with Heaven? Let us hear from the following: “It happened that Rabban Gamliel knocked out a tooth of his slave Tabi. He came to Rebbi Joshua and said to him, I found a reason to manumit my slave Tabi. He told him, you have nothing in your hand; fines only are imposed through witnesses and in court.” This implies that one does not tell him, be in the clear with Heaven. Rebbi Gamliel ben Rebbi Illai asked before Rebbi Mana, does Rabban Gamliel hold with him who says, one is permitted to manumit? He told him, in itself it says that it is forbidden to manumit, for otherwise he should have manumitted him immediately.

Does one tell him, be in the clear with Heaven? Let us hear from the following: “It happened that Rabban Gamliel knocked out a tooth of his slave Tabi. He came to Rebbi Joshua and said to him, I found a reason to manumit my slave Tabi. He told him, you have nothing in your hand; fines only are imposed through witnesses and in court.” This implies that one does not tell him, be in the clear with Heaven. Rebbi Gamliel ben Rebbi Illai asked before Rebbi Mana, does Rabban Gamliel hold with him who says, one is permitted to manumit? He told him, in itself it says that it is forbidden to manumit, for otherwise he should have manumitted him immediately.

If somebody produced both a document and ḥazaqah. Rebbi says, it should be judged by the document. Rabban Simeon ben Gamliel says, it should be judged by ḥazaqah. Rebbi Ze`ira in the name of Rav Jeremiah: A case came before Rebbi Jehudah following Rabban Simeon ben Gamliel. Rebbi Jeremiah asked before Rebbi Ze`ira: How? Did Rebbi switch his opinion? There he said, it should be judged by the document. But here he said it should be judged by ḥazaqah. Would we say, before he changed his opinion? Even if you say, after he changed his opinion. Rebbi only wanted to determine the truth of the matter. “If somebody occupied real estate on the basis of a document of sale and it was found invalid, this is not ḥazaqah.” Rebbi Jeremiah said, in dispute. Rebbi Samuel said, Rebbi Ze`ira, Rebbi Jacob bar Aḥa in the name of Rebbi Abinna: it is everybody’s opinion. Rebbi Yose said, there if one produced both a document and ḥazaqah. Here if he came with a document. Rebbi Yudan said, there if he presented two groups of witnesses; here one who contradicts his own proofs.

If somebody produced both a document and ḥazaqah. Rebbi says, it should be judged by the document. Rabban Simeon ben Gamliel says, it should be judged by ḥazaqah. Rebbi Ze`ira in the name of Rav Jeremiah: A case came before Rebbi Jehudah following Rabban Simeon ben Gamliel. Rebbi Jeremiah asked before Rebbi Ze`ira: How? Did Rebbi switch his opinion? There he said, it should be judged by the document. But here he said it should be judged by ḥazaqah. Would we say, before he changed his opinion? Even if you say, after he changed his opinion. Rebbi only wanted to determine the truth of the matter. “If somebody occupied real estate on the basis of a document of sale and it was found invalid, this is not ḥazaqah.” Rebbi Jeremiah said, in dispute. Rebbi Samuel said, Rebbi Ze`ira, Rebbi Jacob bar Aḥa in the name of Rebbi Abinna: it is everybody’s opinion. Rebbi Yose said, there if one produced both a document and ḥazaqah. Here if he came with a document. Rebbi Yudan said, there if he presented two groups of witnesses; here one who contradicts his own proofs.

MISHNAH: “You are holding for me a kor of grain;” “I am holding for you only a letek of legumes;” he is not liable. “You are holding for me a kor of produce;” “I am holding for you only a letek of legumes;” he is liable since legumes are subsumed under produce. If one sued for wheat and the other acknowledged barley, he is not liable, but Rebbi Simeon declares him liable. Somebody who sued for amphoras of oil and the other admitted to pitchers, Admon says since he admitted of the kind of the claim he has to swear. But the Sages say, the admission is not of the kind of the claim. Rabban Gamliel said, I see the words of Admon. If somebody sued for both vessels and real estate; if [the other] admitted the vessels but denied the real estate, or the real estate and denied the vessels, he is not liable. If he admitted part of the real estate he is not liable. Part of the vessels he is liable since non-guaranteed property obligates guaranteed property to be sworn about.

HALAKHAH: “You are holding for me a kor of grain;” etc. Rebbi Immi in the name of Rebbi Joḥanan: Our Mishnah if he sued him for wheat and he admitted barley; but if he sued him for two kinds and he admitted one of them, everybody agrees that he is not liable. Rebbi Abbahu said about that of Rebbi Immi: Why did we state, “Rabban Gamliel declares him liable”? It comes to inform you of the power of Rabban Gamliel, how far he declares liable. Rebbi Ḥiyya in the name of Rebbi Joḥanan: Not only if he claimed wheat and he admitted barley to him, but if he claimed two kinds and he admitted one of them, the words of the Sages are that he is not liable. Rebbi Simeon ben Laqish said, it is only if he claimed two kinds and he admitted one of them, but if he sued for wheat and he admitted barley according to everybody he is liable. Following Rebbi Simeon ben Laqish: A person went to court before Rav: When he claimed from another wheat, barley, and spelt. Rav told him, wait until he charged you with anything he has to charge, and in the end you will swear one oath about everything. Rebbi Abbahu said, so argued Rebbi Simeon ben Laqish against Rebbi Joḥanan: In your opinion, since you say that if he claimed two kinds and he admitted one of them, according to the Sages he is not liable, did we not state “if he claimed vessels and real estate; if he admitted the vessels and denied the real estate, the real estate and denied the vessels”? For vessels about vessels he is liable, not so much more for vessels and real estate? He answered him, to transfer an oath to him by the following Mishnah, “since guaranteed property obligates non-guaranteed property to be sworn about.” This does not even disagree with Rebbi Simeon ben Laqish. But did we not state: “Somebody who sued for amphoras of oil and he admitted to vessels”? How do we hold? If he sued him for vessels and oil, and he admitted one of them, everybody agrees that this refers to the claim. But if he sued him for vessels and he did (not) admit oil, everybody agrees that what he admitted did not refer to the claim. Rebbi Ze`ira and Rebbi Abbahu in the name of Samuel: If he sued for vessels full of oil, one said vessels but not oil, the other said oil but not vessels. (Thrown) vessels but not oil. Oil but not vessels? Rebbi Eleazar in the name of Rebbi Abin formulates it as oil buckets. Can one not ask him? If he was paralyzed.

HALAKHAH: “You are holding for me a kor of grain;” etc. Rebbi Immi in the name of Rebbi Joḥanan: Our Mishnah if he sued him for wheat and he admitted barley; but if he sued him for two kinds and he admitted one of them, everybody agrees that he is not liable. Rebbi Abbahu said about that of Rebbi Immi: Why did we state, “Rabban Gamliel declares him liable”? It comes to inform you of the power of Rabban Gamliel, how far he declares liable. Rebbi Ḥiyya in the name of Rebbi Joḥanan: Not only if he claimed wheat and he admitted barley to him, but if he claimed two kinds and he admitted one of them, the words of the Sages are that he is not liable. Rebbi Simeon ben Laqish said, it is only if he claimed two kinds and he admitted one of them, but if he sued for wheat and he admitted barley according to everybody he is liable. Following Rebbi Simeon ben Laqish: A person went to court before Rav: When he claimed from another wheat, barley, and spelt. Rav told him, wait until he charged you with anything he has to charge, and in the end you will swear one oath about everything. Rebbi Abbahu said, so argued Rebbi Simeon ben Laqish against Rebbi Joḥanan: In your opinion, since you say that if he claimed two kinds and he admitted one of them, according to the Sages he is not liable, did we not state “if he claimed vessels and real estate; if he admitted the vessels and denied the real estate, the real estate and denied the vessels”? For vessels about vessels he is liable, not so much more for vessels and real estate? He answered him, to transfer an oath to him by the following Mishnah, “since guaranteed property obligates non-guaranteed property to be sworn about.” This does not even disagree with Rebbi Simeon ben Laqish. But did we not state: “Somebody who sued for amphoras of oil and he admitted to vessels”? How do we hold? If he sued him for vessels and oil, and he admitted one of them, everybody agrees that this refers to the claim. But if he sued him for vessels and he did (not) admit oil, everybody agrees that what he admitted did not refer to the claim. Rebbi Ze`ira and Rebbi Abbahu in the name of Samuel: If he sued for vessels full of oil, one said vessels but not oil, the other said oil but not vessels. (Thrown) vessels but not oil. Oil but not vessels? Rebbi Eleazar in the name of Rebbi Abin formulates it as oil buckets. Can one not ask him? If he was paralyzed.

MISHNAH: If she had compromised her ketubah, she shall not be able to collect without an oath. If one witness testifies that [the ketubah] was paid, she shall not be able to collect without an oath. From encumbered property, or from orphans’ property, she shall not be able to collect without an oath. If she collects in his absence, she shall not be able to collect without an oath. Similarly, the orphans can collect only by an oath; “an oath that our father did not instruct us, our father did not tell us, and we found nothing in our father’s documents that this note of indebtedness was paid.” Rebbi Joḥanan ben Beroqa testified that even if the son was born after the father’s death he swears and collects. Rabban Simeon ben Gamliel said, if there are witnesses that the father said on his death bed that this note of indebtedness was not paid, he collects without oath.

A ducenarius honored Rebbi Jehudah the Prince with a plate full of denarii. He took one of them and sent the remainder to him. He asked Rebbi Simeon ben Laqish who said, he shall bring the value to the Dead Sea. But was he not an acquaintance and it was in the past? Rebbi Abbahu said, did not Rabban Gamliel ben Rebbi asked me, may one go to a fair, and I forbade it to him, although it was stated: “one goes to fairs and buys there male and female slaves.” Rebbi Simeon ben Laqish said, not only Jewish slaves but even Gentiles, because he brings them under the wings of the Shekhina. What about this? Rabban Gamliel was a minor personality and Rebbi Abbahu desired to confine him. But Rebbi Judan the Prince was an important person and Rebbi Simeon ben Laqish wanted to limit the matter.

A ducenarius honored Rebbi Jehudah the Prince with a plate full of denarii. He took one of them and sent the remainder to him. He asked Rebbi Simeon ben Laqish who said, he shall bring the value to the Dead Sea. But was he not an acquaintance and it was in the past? Rebbi Abbahu said, did not Rabban Gamliel ben Rebbi asked me, may one go to a fair, and I forbade it to him, although it was stated: “one goes to fairs and buys there male and female slaves.” Rebbi Simeon ben Laqish said, not only Jewish slaves but even Gentiles, because he brings them under the wings of the Shekhina. What about this? Rabban Gamliel was a minor personality and Rebbi Abbahu desired to confine him. But Rebbi Judan the Prince was an important person and Rebbi Simeon ben Laqish wanted to limit the matter.

לֹא תְחָנֵּֽם do not give them free gifts. But was it not stated: “It happened that Rabban Gamliel was walking on the road and saw a loaf of bread thrown on the road. He said to his slave Tabi, pick up this loaf. He saw a Gentile coming towards him and said to him, Mabgai, take this loaf. Rebbi Illai ran after him and asked him, what is your name? He told him, Mabgai. From where are you? He told him, from the guard-tower villages. Did Rabban Gamliel ever come to know you?, He told him, no. Rabban Gamliel had it right by the Holy Spirit. We learned from him three things. We learned that one does not pass over food. And that leavened matter of a Gentile is permitted immediately after Passover. And that one follows the majority of travelers.” Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: That is, in earlier times. But today we pass over edibles because of sorcery.

לֹא תְחָנֵּֽם do not give them free gifts. But was it not stated: “It happened that Rabban Gamliel was walking on the road and saw a loaf of bread thrown on the road. He said to his slave Tabi, pick up this loaf. He saw a Gentile coming towards him and said to him, Mabgai, take this loaf. Rebbi Illai ran after him and asked him, what is your name? He told him, Mabgai. From where are you? He told him, from the guard-tower villages. Did Rabban Gamliel ever come to know you?, He told him, no. Rabban Gamliel had it right by the Holy Spirit. We learned from him three things. We learned that one does not pass over food. And that leavened matter of a Gentile is permitted immediately after Passover. And that one follows the majority of travelers.” Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: That is, in earlier times. But today we pass over edibles because of sorcery.

לֹא תְחָנֵּֽם do not give them free gifts. But was it not stated: “It happened that Rabban Gamliel was walking on the road and saw a loaf of bread thrown on the road. He said to his slave Tabi, pick up this loaf. He saw a Gentile coming towards him and said to him, Mabgai, take this loaf. Rebbi Illai ran after him and asked him, what is your name? He told him, Mabgai. From where are you? He told him, from the guard-tower villages. Did Rabban Gamliel ever come to know you?, He told him, no. Rabban Gamliel had it right by the Holy Spirit. We learned from him three things. We learned that one does not pass over food. And that leavened matter of a Gentile is permitted immediately after Passover. And that one follows the majority of travelers.” Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: That is, in earlier times. But today we pass over edibles because of sorcery.

“When he was leaving Akzib there came a person to ask about his vow. He asked his travel companion, would you say that we drank a quartarius of Italian wine? He said to him, yes. He told the person who asked, walk with us until we dissipate our wine. When they came to the Tyrian Ladder Rabban Gamliel dismounted, covered himself, sat down, and dissolved his vow. From his words we learned that a quartarius of wine intoxicates and that travelling dissipates the wine. Also that one does not ask about vows and gives no instruction after drinking wine. Also one does not dissolve vows while walking but covered and sitting.” Rebbi Joḥanan said, so he opened for him: Some blurt out unthinkingly like sword piercing etc. For example, one who made a vow not [to eat] a loaf. Woe if he eats, woe if he does not eat. If he eats he violates his vow. If he does not eat he sins against himself. What should he do? He should go to the Sages who will dissolve his vow as is written, but the sayings of the Sages are healing.

לֹא תְחָנֵּֽם do not credit them with charm. But was it not stated: It happened that Rabban Gamliel while walking on the Temple Mount saw a beautiful Gentile woman and recited a blessing over her. Does Rabban Gamliel usually look at women? It was a curved road, like a pswros, he looked at her because he could not avoid her. But did not Rebbi Ze‘ura in the name of Rebbi Yose ben Ḥanina, Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan say: לֹא תְחָנֵּֽם do not credit them with charm? What did he say? He did not say ἀβάσκαντα but “praised be He Who has beautiful creatures in His world,” because even if one saw a beautiful donkey, a beautiful camel, a beautiful horse, one says “praised be He Who has such beautiful creatures in His world.”

לֹא תְחָנֵּֽם do not credit them with charm. But was it not stated: It happened that Rabban Gamliel while walking on the Temple Mount saw a beautiful Gentile woman and recited a blessing over her. Does Rabban Gamliel usually look at women? It was a curved road, like a pswros, he looked at her because he could not avoid her. But did not Rebbi Ze‘ura in the name of Rebbi Yose ben Ḥanina, Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan say: לֹא תְחָנֵּֽם do not credit them with charm? What did he say? He did not say ἀβάσκαντα but “praised be He Who has beautiful creatures in His world,” because even if one saw a beautiful donkey, a beautiful camel, a beautiful horse, one says “praised be He Who has such beautiful creatures in His world.”

MISHNAH: The following Gentile properties are forbidden and the prohibition is of usufruct: Wine, and vinegar which originally was wine, and Hadrianic pottery, and heart-removed skins. Rabban Simeon ben Gamliel says, if the tear is circular they are forbidden, oblong permitted. Meat brought into a pagan Temple is permitted but what leaves is forbidden because it is sacrifice to the dead, the words of Rebbi Aqiba. It is forbidden to trade with those who go to ugliness.

“And heart-removed skins.” Rebbi Jeremiah in the name of Rav: Practice follows Rabban Simeon ben Gamliel.

MISHNAH: All statues are prohibited because they are worshipped once a year, the words of Rebbi Meïr, but the Sages say, prohibited are only those in whose hand is a rod, or a bird, or a globe. Rabban Simeon ben Gamliel says, any in whose hand is anything.

Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: When Rabban Joḥanan ben Zakkai died, he said, clear the house because of impurity and prepare a chair for Hezekiah, the king of Judah. When his student Rebbi Eliezer died, he said, clear the house because of impurity and prepare a chair for Rabban Joḥanan ben Zakkai. But some say, what his teacher saw, he saw.

Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: When Rabban Joḥanan ben Zakkai died, he said, clear the house because of impurity and prepare a chair for Hezekiah, the king of Judah. When his student Rebbi Eliezer died, he said, clear the house because of impurity and prepare a chair for Rabban Joḥanan ben Zakkai. But some say, what his teacher saw, he saw.

“Rabban Simeon ben Gamliel says, any in whose hand is anything.” But only matters of honor. A basket, laced shoes, and rags are matters of dishonor. Papyrus and reed pen are matters of honor. The pen-case is problematic.

MISHNAH: If somebody finds vessels and on them the form of the sun, the form of the moon, the form of a dragon, he should bring them to the Dead Sea. Rabban Simeon ben Gamliel says, on honored ones it is forbidden, on contemptible ones permitted. Rebbi Yose said, he grinds them and disperses them into the wind or throws them into the Sea. They told him, but then it becomes fertilizer and it was said, nothing of the ban should cling to your hand.

MISHNAH: Proclos ben Ploslos asked Rabban Gamliel in Acco when he was taking a bath in the Bath of Aphrodite. He said to him, it is written in your Torah, nothing banned should stick to your hand: why are you bathing in the Bath of Aphrodite? He said to him, one does not answer in the bath. When he left he told him, I did not come into her domain, she came into my domain. One does not say, the bath was built as adornment for Aphrodite but one says, Aphrodite was made as adornment of the bath. Another explanation. If one gave you lots of money, would you enter your temple naked, after an emission, or urinating before it? But this one stands over the sewer and everybody is urinating in its presence. It only says their gods; what is treated as a divinity is forbidden, what is not treated as a divinity is not forbidden.

Why is its shadow forbidden? Because it is an enjoyment. But a grave is forbidden for usufruct and its shadow is permitted! But the Temple Hall is forbidden for usufruct and Rabban Joḥanan ben Zakkai was sitting and teaching in the shadow of the Temple Hall! Therefore the reason cannot be that it is forbidden for usufruct. Rav Abin in the name of the rabbis there: This implies that this impurity of the dead is not logically consistent. For otherwise if a grave were robbing the public and one passed under it one would be pure.

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.

You may be of the opinion that Rabban Simeon ben Gamliel’s statement was a leniency, but rather it is a stringency. For the opening of the rabbis leaves little of the cover.

MISHNAH: If somebody leaves his wine on a cart or a ship and went by a short-cut, [even if] he entered a town and took a bath, 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.

MISHNAH: If somebody leaves a Gentile in charge of his store, even though he [intermittently] leaves and returns, [the wine] 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.

MISHNAH: If libation wine fell into a cistern, the entire cistern is forbidden for usufruct. Rabban Simeon ben Gamliel said, all of it shall be sold to a Gentile except for the value of libation wine contained in it.

HALAKHAH: “If libation wine fell into a cistern,” etc. Rebbi Yose, Rebbi Joḥanan in the name of ben Bathyra: If libation wine fell into a cistern, all of it shall be sold to a Gentile except for the value of libation wine. Rebbi Samuel bar Nathan in the name of Rebbi Ḥama: practice follows Rabban Simeon ben Gamliel. Rebbi Yasa said, one of the rabbis came out from the house of assembly and said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. One said, practice follows Rabban Simeon ben Gamliel, and one said, practice does not follow Rabban Simeon ben Gamliel, but Rabban Simeon ben Gamliel agrees that as wine for cooking it is forbidden. Rebbi Bun in the name of Rav: The Sages agree with Rabban Simeon ben Gamliel if it was an amphora among amphoras that all of it shall be sold to a Gentile except for the value of libation wine. Rebbi Ze`ira said before Rebbi Immi: Before this was said did we not know that it was so? Was it said that the Sages agree with Rabban Simeon ben Gamliel, or perhaps was only said that Rabban Gamliel agrees with the Sages? Rebbi Yudan said, Rebbi Ze`ira knew that it was so, but he is like a person who hears something and objects to it.

HALAKHAH: “If libation wine fell into a cistern,” etc. Rebbi Yose, Rebbi Joḥanan in the name of ben Bathyra: If libation wine fell into a cistern, all of it shall be sold to a Gentile except for the value of libation wine. Rebbi Samuel bar Nathan in the name of Rebbi Ḥama: practice follows Rabban Simeon ben Gamliel. Rebbi Yasa said, one of the rabbis came out from the house of assembly and said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. One said, practice follows Rabban Simeon ben Gamliel, and one said, practice does not follow Rabban Simeon ben Gamliel, but Rabban Simeon ben Gamliel agrees that as wine for cooking it is forbidden. Rebbi Bun in the name of Rav: The Sages agree with Rabban Simeon ben Gamliel if it was an amphora among amphoras that all of it shall be sold to a Gentile except for the value of libation wine. Rebbi Ze`ira said before Rebbi Immi: Before this was said did we not know that it was so? Was it said that the Sages agree with Rabban Simeon ben Gamliel, or perhaps was only said that Rabban Gamliel agrees with the Sages? Rebbi Yudan said, Rebbi Ze`ira knew that it was so, but he is like a person who hears something and objects to it.

HALAKHAH: “If libation wine fell into a cistern,” etc. Rebbi Yose, Rebbi Joḥanan in the name of ben Bathyra: If libation wine fell into a cistern, all of it shall be sold to a Gentile except for the value of libation wine. Rebbi Samuel bar Nathan in the name of Rebbi Ḥama: practice follows Rabban Simeon ben Gamliel. Rebbi Yasa said, one of the rabbis came out from the house of assembly and said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. One said, practice follows Rabban Simeon ben Gamliel, and one said, practice does not follow Rabban Simeon ben Gamliel, but Rabban Simeon ben Gamliel agrees that as wine for cooking it is forbidden. Rebbi Bun in the name of Rav: The Sages agree with Rabban Simeon ben Gamliel if it was an amphora among amphoras that all of it shall be sold to a Gentile except for the value of libation wine. Rebbi Ze`ira said before Rebbi Immi: Before this was said did we not know that it was so? Was it said that the Sages agree with Rabban Simeon ben Gamliel, or perhaps was only said that Rabban Gamliel agrees with the Sages? Rebbi Yudan said, Rebbi Ze`ira knew that it was so, but he is like a person who hears something and objects to it.

HALAKHAH: “If libation wine fell into a cistern,” etc. Rebbi Yose, Rebbi Joḥanan in the name of ben Bathyra: If libation wine fell into a cistern, all of it shall be sold to a Gentile except for the value of libation wine. Rebbi Samuel bar Nathan in the name of Rebbi Ḥama: practice follows Rabban Simeon ben Gamliel. Rebbi Yasa said, one of the rabbis came out from the house of assembly and said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. One said, practice follows Rabban Simeon ben Gamliel, and one said, practice does not follow Rabban Simeon ben Gamliel, but Rabban Simeon ben Gamliel agrees that as wine for cooking it is forbidden. Rebbi Bun in the name of Rav: The Sages agree with Rabban Simeon ben Gamliel if it was an amphora among amphoras that all of it shall be sold to a Gentile except for the value of libation wine. Rebbi Ze`ira said before Rebbi Immi: Before this was said did we not know that it was so? Was it said that the Sages agree with Rabban Simeon ben Gamliel, or perhaps was only said that Rabban Gamliel agrees with the Sages? Rebbi Yudan said, Rebbi Ze`ira knew that it was so, but he is like a person who hears something and objects to it.

HALAKHAH: “If libation wine fell into a cistern,” etc. Rebbi Yose, Rebbi Joḥanan in the name of ben Bathyra: If libation wine fell into a cistern, all of it shall be sold to a Gentile except for the value of libation wine. Rebbi Samuel bar Nathan in the name of Rebbi Ḥama: practice follows Rabban Simeon ben Gamliel. Rebbi Yasa said, one of the rabbis came out from the house of assembly and said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. One said, practice follows Rabban Simeon ben Gamliel, and one said, practice does not follow Rabban Simeon ben Gamliel, but Rabban Simeon ben Gamliel agrees that as wine for cooking it is forbidden. Rebbi Bun in the name of Rav: The Sages agree with Rabban Simeon ben Gamliel if it was an amphora among amphoras that all of it shall be sold to a Gentile except for the value of libation wine. Rebbi Ze`ira said before Rebbi Immi: Before this was said did we not know that it was so? Was it said that the Sages agree with Rabban Simeon ben Gamliel, or perhaps was only said that Rabban Gamliel agrees with the Sages? Rebbi Yudan said, Rebbi Ze`ira knew that it was so, but he is like a person who hears something and objects to it.

HALAKHAH: “If libation wine fell into a cistern,” etc. Rebbi Yose, Rebbi Joḥanan in the name of ben Bathyra: If libation wine fell into a cistern, all of it shall be sold to a Gentile except for the value of libation wine. Rebbi Samuel bar Nathan in the name of Rebbi Ḥama: practice follows Rabban Simeon ben Gamliel. Rebbi Yasa said, one of the rabbis came out from the house of assembly and said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. One said, practice follows Rabban Simeon ben Gamliel, and one said, practice does not follow Rabban Simeon ben Gamliel, but Rabban Simeon ben Gamliel agrees that as wine for cooking it is forbidden. Rebbi Bun in the name of Rav: The Sages agree with Rabban Simeon ben Gamliel if it was an amphora among amphoras that all of it shall be sold to a Gentile except for the value of libation wine. Rebbi Ze`ira said before Rebbi Immi: Before this was said did we not know that it was so? Was it said that the Sages agree with Rabban Simeon ben Gamliel, or perhaps was only said that Rabban Gamliel agrees with the Sages? Rebbi Yudan said, Rebbi Ze`ira knew that it was so, but he is like a person who hears something and objects to it.

HALAKHAH: “If libation wine fell into a cistern,” etc. Rebbi Yose, Rebbi Joḥanan in the name of ben Bathyra: If libation wine fell into a cistern, all of it shall be sold to a Gentile except for the value of libation wine. Rebbi Samuel bar Nathan in the name of Rebbi Ḥama: practice follows Rabban Simeon ben Gamliel. Rebbi Yasa said, one of the rabbis came out from the house of assembly and said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. One said, practice follows Rabban Simeon ben Gamliel, and one said, practice does not follow Rabban Simeon ben Gamliel, but Rabban Simeon ben Gamliel agrees that as wine for cooking it is forbidden. Rebbi Bun in the name of Rav: The Sages agree with Rabban Simeon ben Gamliel if it was an amphora among amphoras that all of it shall be sold to a Gentile except for the value of libation wine. Rebbi Ze`ira said before Rebbi Immi: Before this was said did we not know that it was so? Was it said that the Sages agree with Rabban Simeon ben Gamliel, or perhaps was only said that Rabban Gamliel agrees with the Sages? Rebbi Yudan said, Rebbi Ze`ira knew that it was so, but he is like a person who hears something and objects to it.

HALAKHAH: “A wine press of stone which a Gentile had pitched,” etc. Our Mishnah is Rebbi’s. “One of wood, Rebbi said he shall wipe it dry but the Sages say he must remove the pitch.” For pottery it is not following Rebbi, as it was stated: A Gentile’s wine-press, bucket, and funnel, Rebbi permits but the Sa (say). Rebbi agrees that pitchers are forbidden. Why are these forbidden and those permitted? These one fills with it, the others one does not fill with it. Rebbi Yose in the name of Rebbi Joḥanan: practice follows Rebbi. If a Gentile pitched a papyrus vessel. Rebbi Yose ben Rebbi Abun in the name of Samuel, practice follows Rebbi. It is the disagreement of Rebbi and the Sages, as we have stated: “If somebody’s wine-press was impure and he wants to purify it, the brooms, the planks, and the lentil one rubs dry and they are pure. The wicker-work of wood splinters, or of hemp, or of wood, or of bark, of threads, of bast, one lets age a full twelve months; Rabban Simeon ben Gamliel said, from one olive pressing to the next, from one wine pressing to the next. Rabban Simeon ben Gamliel said, if he wants to purify it immediately, he puts it for a period in a pipe where water streams, or in a brook whose water flows. Just as one wipes dry for purity so one wipes dry for libation wine.” How much is a period? Rebbi Yose in the name of Rebbi Joḥanan, half a day or half a night. Rebbi Ḥiyya stated, either a day or a night. Do they disagree? But one when day and night are equal, the other when day and night are unequal.

HALAKHAH: “A wine press of stone which a Gentile had pitched,” etc. Our Mishnah is Rebbi’s. “One of wood, Rebbi said he shall wipe it dry but the Sages say he must remove the pitch.” For pottery it is not following Rebbi, as it was stated: A Gentile’s wine-press, bucket, and funnel, Rebbi permits but the Sa (say). Rebbi agrees that pitchers are forbidden. Why are these forbidden and those permitted? These one fills with it, the others one does not fill with it. Rebbi Yose in the name of Rebbi Joḥanan: practice follows Rebbi. If a Gentile pitched a papyrus vessel. Rebbi Yose ben Rebbi Abun in the name of Samuel, practice follows Rebbi. It is the disagreement of Rebbi and the Sages, as we have stated: “If somebody’s wine-press was impure and he wants to purify it, the brooms, the planks, and the lentil one rubs dry and they are pure. The wicker-work of wood splinters, or of hemp, or of wood, or of bark, of threads, of bast, one lets age a full twelve months; Rabban Simeon ben Gamliel said, from one olive pressing to the next, from one wine pressing to the next. Rabban Simeon ben Gamliel said, if he wants to purify it immediately, he puts it for a period in a pipe where water streams, or in a brook whose water flows. Just as one wipes dry for purity so one wipes dry for libation wine.” How much is a period? Rebbi Yose in the name of Rebbi Joḥanan, half a day or half a night. Rebbi Ḥiyya stated, either a day or a night. Do they disagree? But one when day and night are equal, the other when day and night are unequal.

MISHNAH: If somebody escaped after sentence was passed, if he is returned to the same court, his case is not reopened. Anywhere two [people] will come forward and say, we testify against this man that he was condemned in court X on the testimony of Y and Z, he shall be executed. Criminal courts apply in the Land and outside the Land. A criminal court which hands out a death sentence once in a Sabbatical period is called terrorist. Rebbi Eleazar ben Azariah said, once in seventy years. Rebbi Tarphon and Rebbi Aqiba say, if we had been members of a criminal court, nobody ever would have been condemned to death there. Rabban Simeon ben Gamliel said, they would have increased the number of murderers in Israel.

Rabban Simeon ben Gamliel stated: People sentenced to death who fled from the Land to outside the Land one executes immediately. People sentenced to death who fled from outside the Land to the Land one does not execute immediately but gives them a new trial.

[It is written]: If the Prince sin. Rabban Joḥanan ben Zakkai said, fortunate [is the generation] whose Prince brings a purification sacrifice. He brings it for his inadvertent sin, not so much more for his intentional one? If its Prince brings, not so much more the commoner?

It was stated: “There are three virgins: a human virgin, a virgin sycamore, and virgin soil. A human virgin, who never had intercourse. A virgin sycamore, which never was cut. Virgin soil, which never was ploughed; Rabban Simeon ben Gamliel says, which has no groove’.”

It was stated: One does not call male or female slaves “little father X” or “little mother Y”. In the house of Rabban Gamliel they used to call their male and female slaves “little father Tabi” and “little mother Tabitha”.

The religious women were checking themselves out for every amphora and every loaf. It happened that Tabitha, the slave girl of Rabban Gamliel, was carrying wine for libations and checked herself for every amphora. She said to him, my master, I detected a stain. Rabban Gamliel started. She said to him, I was checking myself for every amphora and was impure only for that amphora.

The religious women were checking themselves out for every amphora and every loaf. It happened that Tabitha, the slave girl of Rabban Gamliel, was carrying wine for libations and checked herself for every amphora. She said to him, my master, I detected a stain. Rabban Gamliel started. She said to him, I was checking myself for every amphora and was impure only for that amphora.

“What is the sole which they mentioned? Anything which looks like the sole, a sea fish. Rabban Simeon ben Gamliel says, anything which looks like an ox tongue. Our teachers voted about this to say, only if it exhibits human traits.” Who are “our teachers”? Rebbi Jehudah the Prince and his court. At three places is Rebbi Jehudah the Prince called “our teachers”, about bills of divorce, oil, and a sole. About a sole, as we just said. About oil, as we have stated: “Rebbi and his court permitted oil.” About bills of divorce, as we have stated there: “This is your bill of divorce if I die, this is your bill of divorce if [I die from this] sickness, this is your bill of divorce after my death; he did not say anything.” But our teachers said, this is a bill of divorce. Who are “our teachers”? Rebbi Jehudah the Prince and his court. They should have called him “permissive court” since any court which permits three [previously forbidden] things is called “permissive court.” Rebbi Yudan said, his court disagreed with him about the bills of divorce. Rebbi Yannai shouted, you purified the women giving birth! Rebbi Simon in the name of Rebbi Joshua ben Levi: This is part of the testimony of Rebbi Onias from Hauran; as from Rebbi Ze‘ira: If this is part of the testimony of Rebbi Onias from Hauran then it was Rebbi Ḥanina who shouted, you purified the women giving birth!

“What is the placenta they mentioned? Anything looking like a thread of woof and its head is blown up like a lupine. Rabban Gamliel says, anything looking like chicken intestines and its head is blown up like a crop and it is hollow like a trumpet. No placenta is shorter than a hand-breadth.”

Rabban Gamaliel says: Until the rise of dawn.

if with Rabban Gamaliel's, let them express themselves like Rabban Gamaliel!

if with Rabban Gamaliel's, let them express themselves like Rabban Gamaliel!

They certainly agree with Rabban Gamaliel, and the reason they say Until midnight is to keep a man far from transgression. This is like the teaching: The Sages made a "fence" to their words, so that a man shall not come from the field in the evening and say, "I will go home, eat a little, drink a little, sleep a little, and after that I will read the Shema' and say the Tefillah"; for slumber may overcome him and as a result he may sleep through all the night. Rather should a man come from the field in the evening and enter a Synagogue ; if he is accustomed to read [the Scriptures], let him read; if he is accustomed to study, let him study. Then let him read the Shema' and say the Tefillah; after that he should eat his meal and say Grace.

There is a teaching : Rabban Gamaliel said : For three things I admire the Persians : They are temperate with their food, modest in the privy, and modest in another matter.

Rabban Gamaliel said : Until the rise of dawn. Rab Judah said in the name of Samuel : The Halakah is in accord with Rabban Gamaliel.

Rabban Gamaliel said : Until the rise of dawn. Rab Judah said in the name of Samuel : The Halakah is in accord with Rabban Gamaliel.

Before then, had they never heard this teaching of Rabban Gamaliel ?

But did Rabban Gamaliel say "Until midnight" that he teaches "and not only in this connection do they so decide"?

Nay, thus spake Rabban Gamaliel to his sons : Even according to the Rabbis who say "Until midnight," the obligation continues until the rise of dawn ; and the reason they say "Until midnight" is to keep a man far from transgression.

A bridegroom is exempt from the obligation of reading the Shema' on the first night [of his marriage], and until the termination of the ensuing Sabbath, if he has not consummated the marriage. It happened that when Rabban Gamaliel married, he read the Shema' on the first night. His disciples said to him, "Our teacher ! thou hast taught us that a bridegroom is exempt from the obligation of reading the Shema'." He replied, "I will not hearken to you to annul the kingdom of heaven from myself even a single hour."

But lo, there is a teaching: [Such men are to say] an abstract of the Eighteen Benedictions! Rab Sheshet said : There is no contradiction ; the first being Rabban Gamaliel's view, the latter R. Joshua's.

But [we have to assume that] both are Rabban Gamaliel's, and there is no contradiction; the latter treating of one who works for a wage, the former of one who works for his keep.

MISHNAH [Rabban Gamaliel] bathed on the first night of his wife's death. His disciples said to him, "Our master! Thou hast taught us that a mourner is forbidden to bathe !" He replied, "I am not like other men ; I am in delicate health."

If a bridegroom wishes to read the Shema' on the first night [of his marriage], he may do so. Rabban Simeon b. Gamaliel says : "Not everybody who wishes to assume the name may do so."

GEMARA What was Rabban Gamaliel's reason? He was of the opinion that the application of the laws of mourning in the night is a Rabbinical injunction; for it is written, "And the end thereof as a bitter day" (Amos viii. 10); and in the case of a person in delicate health, the Rabbis do not so decree.

There is a further teaching : We do not call male and female slaves "Father so-and-so" or "Mother so-and-so." But Rabban Gamaliel's [slaves] used to be called in this manner.

They say of Rabban Johanan b. Zakkai that nobody ever greeted him first, not even the heathen in the street.

It is to be inferred that Rabban Simeon b. Gamaliel is concerned lest a charge of presumption [be brought against a bridegroom who reads the Shema' on the first night of his marriage and therefore forbids it], whereas the Rabbis have no such concern [and permit it]. But we understood just the opposite of them ! For there is a Mishnaic teaching : In a place where they are accustomed to work on the ninth of Ab, we may work ; but in a place where they are not accustomed to work, we may not. Disciples of the wise must cease work in every place. Rabban Simeon b. Gamaliel says : Everyone should regard himself as a disciple of the wise.