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HALAKHAH: “One who hires workers,” etc. Rav Hoshaia said, this means that usage supersedes practice. Rebbi Immi said, everywhere the burden of proof is on the claimant except here.

In Tiberias one does not work early or late. In Bet Ma‘on one works early and late. People from Tiberias who climb up to be hired in Bet Ma‘on are hired on the terms of Bet Maon. People from Bet Ma‘on who descend to Tiberias are hired on the terms of Tiberias. But an employer from Tiberias who climbs up to hire workers in Bet Maon can tell them, you should not think that I could not find workers to hire in Tiberias but came up because I heard that you start early and work late. At a place where there is no common usage, Jehudah ben Buni, Rebbi Immi, Rav Jehudah: It is a stipulation of the court that the early part of morning belong to the workers and the late part of evening to the employer. What is the reason? “You make darkness, there is night; the young lions roar for prey; You give to them, they are collecting; the sun shines, they return; man leaves for his work.” (In the evening) [Fridays] both early rising and late going is at the employer’s expense. How much? That he may fill an amphora of water, fry himself a fish, and light the candle.

HALAKHAH: “Watchmen of produce eat because of local practice,” etc. Rav Huna said, the Mishnah refers to watchmen of produce. But watchmen of vegetable gardens and orchards eat by Torah law. Samuel said, the Mishnah refers to watchmen of vegetable gardens and orchards. But watchmen of produce eat neither by Torah law nor by local practice. Rebbi Ḥiyya stated in support of Rav Huna: “The Cohen shall be impure until evening,” to include watchmen, that they make their garments impure.

HALAKHAH: “Watchmen of produce eat because of local practice,” etc. Rav Huna said, the Mishnah refers to watchmen of produce. But watchmen of vegetable gardens and orchards eat by Torah law. Samuel said, the Mishnah refers to watchmen of vegetable gardens and orchards. But watchmen of produce eat neither by Torah law nor by local practice. Rebbi Ḥiyya stated in support of Rav Huna: “The Cohen shall be impure until evening,” to include watchmen, that they make their garments impure.

Rav Huna said, if it swept them away in their earth. Rebbi Yose ben Ḥanina said, the years of ‘orlah are their dispute.

HALAKHAH: “He who leases a dwelling to another person,” etc. Why? If he came to claim at the end of the month, can he collect everything? And if he came to him at the beginning of the month, he can tell him, get out. Samuel says, the Mishnah is so: If he came to claim in the middle of the month. Rav said, a rule to collect. Rebbi La said, this clearly does not follow the rule of Ben Nannas who said, the later language supersedes the earlier one.

HALAKHAH: “One who contracts with another for a field,” etc. Rav Huna said, if the entire area in that direction was scorched. Simeon bar Abba in the name of Rebbi Joḥanan. But only if it was sown. [But if he did not sow], the other can tell him, if you had sown it would have produced a lot. Think of it, if there were other fields [which were not hit]? He may tell him, the Holy One, praise to Him, is forbearing with the evildoers. If there were other fields which were damaged? He may tell him, so far I was liable in the case; from now on I am no longer liable.

A wall between two partitions which was breached. Rav and Samuel, one said, half belongs to one party, the other half to the other party. The other said, both own it entirely. What is the difference between them? If one found a find. For him who said that half belongs to one party, the other half to the other party, if it was on one side it belongs to this party, one the other side it belongs to the other party. For him who said that both own it entirely, the finder acquired it.

HALAKHAH: “Somebody’s [property] surrounded another’s,” etc. Halakhah 5: “If the wall of a courtyard collapsed,” etc. Rav Ḥuna said, only at the rate he is building now. For if he built it arched, he had to build arched. But here if it was built arched and he built it with bricks, he can collect the cost of arches, and if it should collapse, he has to rebuild it.

“Rebbi Yose said, if the latter then fenced in the fourth side, one rolls everything over to him.” Rav Ḥuna said, one rolls over the length of the wall to him.

Rav Huna said, a courtyard is divided by the number of doors. Rav Ḥisda said, the baraita refers to manure. It was stated as follows: “For the cooking stove one handbreadth, for manure according to doors, for the covered walkway according to people.” “Five courtyards which were using a water conduit and it broke. All of them repair together with the uppermost. The uppermost repairs at its place; the others with the second one. The second one repairs at its place; the lowest one repairs with all of them and at its place.” “Five apartments are built above a house which broke. All of them repair with the lowest. The lowest repairs at its place; the others with the second one. The second one repairs at its place; the uppermost repairs with all of them and at its place. If it was a storm sewer they can prevent it being used for laundry. For laundry they cannot prevent it being used as storm sewer.”

Rav Huna said, a courtyard is divided by the number of doors. Rav Ḥisda said, the baraita refers to manure. It was stated as follows: “For the cooking stove one handbreadth, for manure according to doors, for the covered walkway according to people.” “Five courtyards which were using a water conduit and it broke. All of them repair together with the uppermost. The uppermost repairs at its place; the others with the second one. The second one repairs at its place; the lowest one repairs with all of them and at its place.” “Five apartments are built above a house which broke. All of them repair with the lowest. The lowest repairs at its place; the others with the second one. The second one repairs at its place; the uppermost repairs with all of them and at its place. If it was a storm sewer they can prevent it being used for laundry. For laundry they cannot prevent it being used as storm sewer.”

HALAKHAH: “A person should not put,” etc. It was stated: Nor a smithy. Rav Qarna stated: If he was like a metal worker, or it was built originally as a smithy, it is permitted. How is it in front of his dwelling? Rebbi Aḥa said, certainly not in front of his dwelling. Rebbi Jonathan said, a person causing damage has no claim of undisturbed posession. Rebbi Joshua said, the rabbis object to permanent smoke. As the following: A woman was burning sand below [the apartment of] Rebbi Ilfay. He wanted to object to her. The case came before Rebbi Nasa who said, they said it only about continuous smoke.

It was stated: In truth, they permitted for wine even though it diminishes it because it improves it. Rav Hoshaia when he heard this statement put his wine in the attic of the bath house. His wine became foul-smelling. He said, the Mishnah led me astray. But the Mishnah did not lead him astray; the smell of the bath house made his wine foulsmelling.

It was stated: About his neighbor he may change his mind. Once he accepted it he can no longer change his mind. Rabban Simeon ben Gamliel says, even after he accepted it, he can change his mind, for he can tell him, they come and go here, they are looking for you and do not find you, and they increase traffic here. Rebbi Ḥanina and Rebbi Mana, one said, what is “his neighbor”? He let him live in his house. Once he accepted it he can no longer change his mind. Rav Huna said, one said, what is “his neighbor”? He opened a store for him. Once he accepted it he can no longer change his mind. Rabban Simeon ben Gamliel parallels Rebbi Meïr, as we have stated there: “For all of these says Rebbi Meїr that, even if he contracted with her, she can say ‘I thought that I could stand it, now I cannot.’ ”

Simeon bar Abba in the name of Rebbi Joḥanan: If someboldy is selling a house to another, when he delivered the key [the buyer] took possession. Rebbi Immi in the name of Rebbi Joḥanan: If somebody is selling a house to another, when [the buyer] stored produce there, he took possession. Rebbi Samuel bar Rav Isaac said, only produce usually stored. Rebbi Joḥanan in the name of Rebbi Yannai: If somebody is selling a cistern to another, when he handed over its pails [the buyer] took possession. Rebbi Joshua ben Levi in the name of Rebbi Simeon ben Laqish: If somebody sold a flock to another person, when [the seller] delivered the maškokît, [the buyer] took possession. What is maškokît? Some say, the shepherd’s staff. But some say, a pandura. And some say, the bell-wether. Rebbi Simeon ben Laqish in the name of Bar Qappara: If somebody is selling a burial chamber to another, when that one buried there one dead it is confirmation of claim for the entire chamber. When he buried three dead in three chambers, it is confirmation of claim for the entire burial cavern.

“And slaves.” Rebbi Simon the brother of Rebbi Jehudah bar Zavdi in the name of Rav: As long as a baby lies in the public domain, his father or his mother can testify about him. Once he has been collected from the public domain, one needs two witnesses and its father and mother are like two witnesses. Rebbi Abbahu said, can a person be suspected to say about one who is not his son that he is his son? Maybe it was said about the property of a convert? He told him, but all our teachers in the Diaspora testify that in this form we heard it from Rav Ada bar Abuh. Rav Ḥisda said: That is, if the baby is not moving. But [the case of] a baby which is moving refers to what Rebbi Joḥanan said: property rights on jumping calves and lambs which move from place to place cannot be proven by possession.

“And slaves.” Rebbi Simon the brother of Rebbi Jehudah bar Zavdi in the name of Rav: As long as a baby lies in the public domain, his father or his mother can testify about him. Once he has been collected from the public domain, one needs two witnesses and its father and mother are like two witnesses. Rebbi Abbahu said, can a person be suspected to say about one who is not his son that he is his son? Maybe it was said about the property of a convert? He told him, but all our teachers in the Diaspora testify that in this form we heard it from Rav Ada bar Abuh. Rav Ḥisda said: That is, if the baby is not moving. But [the case of] a baby which is moving refers to what Rebbi Joḥanan said: property rights on jumping calves and lambs which move from place to place cannot be proven by possession.

“And slaves.” Rebbi Simon the brother of Rebbi Jehudah bar Zavdi in the name of Rav: As long as a baby lies in the public domain, his father or his mother can testify about him. Once he has been collected from the public domain, one needs two witnesses and its father and mother are like two witnesses. Rebbi Abbahu said, can a person be suspected to say about one who is not his son that he is his son? Maybe it was said about the property of a convert? He told him, but all our teachers in the Diaspora testify that in this form we heard it from Rav Ada bar Abuh. Rav Ḥisda said: That is, if the baby is not moving. But [the case of] a baby which is moving refers to what Rebbi Joḥanan said: property rights on jumping calves and lambs which move from place to place cannot be proven by possession.

Rebbi Yasa in the name of Rebbi Joḥanan: If two fields of a proselyte were involved, with a boundary strip in between. If he cut off from one of them with the intent of taking possession also of the other but not the boundary strip in between, the one was acquired by him but not the other. Rebbi Ze‘ira asked before Rebbi Yasa: If he intended to acquire starting [from] the boundary strip and below? Rav Ḥisda said, property of a proselyte which he took possession of in the North by cutting off with the intent of also acquiring the one to the South, but did not have the intent of acquiring the strip in the middle, he acquired the one to the North but not the one to the South. There, we have stated: “If it was connected to the ground and he cut off anything, he acquired.” Samuel said, he acquired only what he cut off. Rebbi Eudaimon the Emigrant said, this was said concerning the property of a proselyte. Rav Ḥisda said, Rebbi Isaac: It was reported that this was said concerning the property of a proselyte, so it should present no difficulty for Samuel.

Rebbi Yasa in the name of Rebbi Joḥanan: If two fields of a proselyte were involved, with a boundary strip in between. If he cut off from one of them with the intent of taking possession also of the other but not the boundary strip in between, the one was acquired by him but not the other. Rebbi Ze‘ira asked before Rebbi Yasa: If he intended to acquire starting [from] the boundary strip and below? Rav Ḥisda said, property of a proselyte which he took possession of in the North by cutting off with the intent of also acquiring the one to the South, but did not have the intent of acquiring the strip in the middle, he acquired the one to the North but not the one to the South. There, we have stated: “If it was connected to the ground and he cut off anything, he acquired.” Samuel said, he acquired only what he cut off. Rebbi Eudaimon the Emigrant said, this was said concerning the property of a proselyte. Rav Ḥisda said, Rebbi Isaac: It was reported that this was said concerning the property of a proselyte, so it should present no difficulty for Samuel.

Rav Ḥisda said, “draw this animal close to you in order to take possession,” he took possession. “To take possession of its offspring,” he did [not] take possession. “To take possession of it together with its offspring,” he did (not) take possession. Rebbi Nasa said, that is, if it was not pregnant. But if it was pregnant, they treated [the fetus] as one of its limbs, as we did state: He who sells the fetus of his animal to another person did not do anything; the future children of his slave girl to another person, he did not do anything; the tithes of his field to another person, he did not do anything; the airspace of his dry land to another person, he did not do anything. But he may sell him an animal and reserve her fetus for himself, sell him a slave girl and reserve her children for himself, sell him a field and reserve the tithes for himself, sell him dry land and reserve the airspace for himself.

Rebbi Abba in the name of Rav Ḥisda: Three are trustworthy immediately: a midwife, a caravan, and the one who purifies her colleagues. A midwife as long as [the woman] sits on the birthing chair, from the verse: “The midwife took and wound, etc.” A caravan, as Rebbi Simon, the brother of Rebbi Jehudah bar Zavdi, said in the name of Rav: As long as [a baby] lies in the public domain, either its father or its mother can testify about him. Once he has been collected from the public domain, one needs two witnesses; its father and mother may become its two witnesses. The one who purifies her colleagues, as we have stated there: “Three women sleep on one bed. If blood was found under one of them, all three are impure. If one of them checked herself out and found herself impure, she is impure and the other two are pure.” Rebbi Abba said, only within 24 hours.

Rebbi Abba in the name of Rav Ḥisda: Three are trustworthy immediately: a midwife, a caravan, and the one who purifies her colleagues. A midwife as long as [the woman] sits on the birthing chair, from the verse: “The midwife took and wound, etc.” A caravan, as Rebbi Simon, the brother of Rebbi Jehudah bar Zavdi, said in the name of Rav: As long as [a baby] lies in the public domain, either its father or its mother can testify about him. Once he has been collected from the public domain, one needs two witnesses; its father and mother may become its two witnesses. The one who purifies her colleagues, as we have stated there: “Three women sleep on one bed. If blood was found under one of them, all three are impure. If one of them checked herself out and found herself impure, she is impure and the other two are pure.” Rebbi Abba said, only within 24 hours.

HALAKHAH: “Rebbi Ismael says, the first three months,” etc. Samuel said, these are the words of Rebbi Ismael and Rebbi Aqiba. But the Sages say, three years grain cutting, three years grape harvesting, three years olive harvesting. Rav said, these are the words of Rebbi Ismael and Rebbi Aqiba. But the Sages say, three years from day to day. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: Just as they disagree here, so they disgree about Elijah’s years.

HALAKHAH: “There are three regions for claims of undisturbed possession,” etc. Rav said, this was taught in emergency situations.

Rav said, there can be no claim of undisturbed possession from a fugitive, nor one made from one country to another. Samuel said, there can be a claim of undisturbed possession from a fugitive, and a claim of undisturbed possession made from one country to another. Rav Naḥman bar Rav Isaac said, a verse supports what Samuel said: “The king gave her an adjutant,” etc.

Rav said, there can be no claim of undisturbed possession from a fugitive, nor one made from one country to another. Samuel said, there can be a claim of undisturbed possession from a fugitive, and a claim of undisturbed possession made from one country to another. Rav Naḥman bar Rav Isaac said, a verse supports what Samuel said: “The king gave her an adjutant,” etc.

Rav said, there can be no claim of undisturbed possession from a fugitive, nor one made from one country to another. Samuel said, there can be a claim of undisturbed possession from a fugitive, and a claim of undisturbed possession made from one country to another. Rav Naḥman bar Rav Isaac said, a verse supports what Samuel said: “The king gave her an adjutant,” etc.

Rav said, the main confirmation of a claim of possession is storing the produce. Does Rav not agree about weeding and turning the soil? Rav agrees about weeding and turning the soil. What does it mean that Rav said, the main indication of a claim of possession is storing the produce? That if they saw him ploughing, and harvesting, and binding into sheaves, and threshing, and grading, but did not see him storing the produce, there is no claim of possession without storing the produce.

Rav said, the main confirmation of a claim of possession is storing the produce. Does Rav not agree about weeding and turning the soil? Rav agrees about weeding and turning the soil. What does it mean that Rav said, the main indication of a claim of possession is storing the produce? That if they saw him ploughing, and harvesting, and binding into sheaves, and threshing, and grading, but did not see him storing the produce, there is no claim of possession without storing the produce.

Rav said, the main confirmation of a claim of possession is storing the produce. Does Rav not agree about weeding and turning the soil? Rav agrees about weeding and turning the soil. What does it mean that Rav said, the main indication of a claim of possession is storing the produce? That if they saw him ploughing, and harvesting, and binding into sheaves, and threshing, and grading, but did not see him storing the produce, there is no claim of possession without storing the produce.

Rav said, the main confirmation of a claim of possession is storing the produce. Does Rav not agree about weeding and turning the soil? Rav agrees about weeding and turning the soil. What does it mean that Rav said, the main indication of a claim of possession is storing the produce? That if they saw him ploughing, and harvesting, and binding into sheaves, and threshing, and grading, but did not see him storing the produce, there is no claim of possession without storing the produce.

Rav said, the essence of ḥalîṣah is the untying of the shoelace. Did not Rebbi Abba say in the name of Rav Jehudah, Rebbi Zeriqan turns to it in the name of Rav: The words of the Sages: If she slips off but did not spit, or spat but did not take off, the ḥaliṣah is invalid unless she slips off and spits. Rav agrees “unless she slips off and spits”; it is implied by what Rav said, the essence of slipping off is untying the shoelaces.

Rav said, the essence of ḥalîṣah is the untying of the shoelace. Did not Rebbi Abba say in the name of Rav Jehudah, Rebbi Zeriqan turns to it in the name of Rav: The words of the Sages: If she slips off but did not spit, or spat but did not take off, the ḥaliṣah is invalid unless she slips off and spits. Rav agrees “unless she slips off and spits”; it is implied by what Rav said, the essence of slipping off is untying the shoelaces.

Rav said, the essence of ḥalîṣah is the untying of the shoelace. Did not Rebbi Abba say in the name of Rav Jehudah, Rebbi Zeriqan turns to it in the name of Rav: The words of the Sages: If she slips off but did not spit, or spat but did not take off, the ḥaliṣah is invalid unless she slips off and spits. Rav agrees “unless she slips off and spits”; it is implied by what Rav said, the essence of slipping off is untying the shoelaces.

Rav said, the essence of ḥalîṣah is the untying of the shoelace. Did not Rebbi Abba say in the name of Rav Jehudah, Rebbi Zeriqan turns to it in the name of Rav: The words of the Sages: If she slips off but did not spit, or spat but did not take off, the ḥaliṣah is invalid unless she slips off and spits. Rav agrees “unless she slips off and spits”; it is implied by what Rav said, the essence of slipping off is untying the shoelaces.

Rav said, the essence of ḥalîṣah is the untying of the shoelace. Did not Rebbi Abba say in the name of Rav Jehudah, Rebbi Zeriqan turns to it in the name of Rav: The words of the Sages: If she slips off but did not spit, or spat but did not take off, the ḥaliṣah is invalid unless she slips off and spits. Rav agrees “unless she slips off and spits”; it is implied by what Rav said, the essence of slipping off is untying the shoelaces.

Rebbi Yose ben Ḥanina asked Rebbi Joḥanan: Must a protest be filed before a court? Rebbi Yose in the name of Rebbi Joḥanan: a protest does not have to be filed before a court. But some say, Rebbi Yose ben Ḥanina asked Rebbi Joḥanan’s student: Must a protest be filed before a court? Rebbi Ḥiyya in the name of Rebbi Joḥanan: a protest must be filed before a court. Samuel said, even if he protested against him in front of workers, it is a protest, but he has to protest in each one of the three years. Giddul ben Minyamin had a case; his judges were Ḥilqiah bar Tobi, Rav Huna, and Ḥiyya bar Rav. Ḥiyya bar Rav told them, so said my father: Once he protested the first three years, he is not required to protest further. It was stated thus: “If he ate it as his own for six years, he protested against him the first three years; then he said, you sold it to me, you gave it to me as a gift, there is no claim of undisturbed possession. Because of an initial claim it would have been a claim of undisturbed possession since any claim of undisturbed possession not accompanied by a claim of legal ownership is not a claim of undisturbed possession.” Samuel said, if it is so, nothing would be left for the great people of the Land of Israel.

Rebbi Yose ben Ḥanina asked Rebbi Joḥanan: Must a protest be filed before a court? Rebbi Yose in the name of Rebbi Joḥanan: a protest does not have to be filed before a court. But some say, Rebbi Yose ben Ḥanina asked Rebbi Joḥanan’s student: Must a protest be filed before a court? Rebbi Ḥiyya in the name of Rebbi Joḥanan: a protest must be filed before a court. Samuel said, even if he protested against him in front of workers, it is a protest, but he has to protest in each one of the three years. Giddul ben Minyamin had a case; his judges were Ḥilqiah bar Tobi, Rav Huna, and Ḥiyya bar Rav. Ḥiyya bar Rav told them, so said my father: Once he protested the first three years, he is not required to protest further. It was stated thus: “If he ate it as his own for six years, he protested against him the first three years; then he said, you sold it to me, you gave it to me as a gift, there is no claim of undisturbed possession. Because of an initial claim it would have been a claim of undisturbed possession since any claim of undisturbed possession not accompanied by a claim of legal ownership is not a claim of undisturbed possession.” Samuel said, if it is so, nothing would be left for the great people of the Land of Israel.

Rebbi Yose ben Ḥanina asked Rebbi Joḥanan: Must a protest be filed before a court? Rebbi Yose in the name of Rebbi Joḥanan: a protest does not have to be filed before a court. But some say, Rebbi Yose ben Ḥanina asked Rebbi Joḥanan’s student: Must a protest be filed before a court? Rebbi Ḥiyya in the name of Rebbi Joḥanan: a protest must be filed before a court. Samuel said, even if he protested against him in front of workers, it is a protest, but he has to protest in each one of the three years. Giddul ben Minyamin had a case; his judges were Ḥilqiah bar Tobi, Rav Huna, and Ḥiyya bar Rav. Ḥiyya bar Rav told them, so said my father: Once he protested the first three years, he is not required to protest further. It was stated thus: “If he ate it as his own for six years, he protested against him the first three years; then he said, you sold it to me, you gave it to me as a gift, there is no claim of undisturbed possession. Because of an initial claim it would have been a claim of undisturbed possession since any claim of undisturbed possession not accompanied by a claim of legal ownership is not a claim of undisturbed possession.” Samuel said, if it is so, nothing would be left for the great people of the Land of Israel.

HALAKHAH: “Any claim of undisturbed possession not accompanied by a claim of legal ownership,” etc. But it needs proof of undisturbed possession. There, we have stated: “Rebbi Joshua agrees that if somebody says to anothet, ‘this field’, etc.” As the following. Reuben ate from a field claiming that it was his. Simeon brought witnesses that his father died in possession. One removes [the field] from Reuben and hands it over to Simeon. Reuben went and brought witnesses that [Simeon’s] father did not die in possession. Rebbi Naḥman ben Jacob said, I took it from Reuben, I am returning it to him. Rav said, when you gave it to him, you gave it on the basis of a court decree. From there on the burden of proof is on the claimant.

“Sharecroppers.” Rav Huna said, a permanent sharecropper, but a temporary sharecropper has a claim of undisturbed possession. Rebbi Joḥanan and Rebbi Simeon ben Laqish both teach that even a temporary sharecropper has no claim of undisturbed possession, for we may say that he is satisfied with him and let him have it. There, they say that a sharecropper has no claim of undisturbed possession but a sharecropper’s son has a claim of undisturbed possession; Rebbi Joḥanan and Rebbi Simeon ben Laqish say, neither a sharecropper nor a sharecropper’s son have a claim of undisturbed possession, for we may say that he was satisfied with his father and let the son have it. As Rebbi Joḥanan said, a sharecropper who engaged another sharecropper has no claim of undisturbed possession since it is common for sharecroppers to engage sub-sharecroppers.

Rav said, if he lowered it below ten [handbreadths] or increased above ten. Samuel said, even if he made a breach at a place where a breach was irrelevant or a fence where a fence was irrelevant, it is legally taking possession.

HALAKHAH: “Neither the cistern,” etc. Then why did he write “its bottom and height”? That if he wants to dig down, he may dig down and if he wants to increase its height, he may increase its height. Rav Abba bar Rav Huna in the name of Rav: Practice follows Rebbi Aqiba in our version which is following the rabbis in Rebbi Ḥiyya’s version. Rebbi Ze‘ira, Rav Jeremiah in the name of Rav: Practice follows Rebbi Aqiba in Rebbi Ḥiyya’s version which is following the rabbis in the Babylonians’ version.

HALAKHAH: “Neither the cistern,” etc. Then why did he write “its bottom and height”? That if he wants to dig down, he may dig down and if he wants to increase its height, he may increase its height. Rav Abba bar Rav Huna in the name of Rav: Practice follows Rebbi Aqiba in our version which is following the rabbis in Rebbi Ḥiyya’s version. Rebbi Ze‘ira, Rav Jeremiah in the name of Rav: Practice follows Rebbi Aqiba in Rebbi Ḥiyya’s version which is following the rabbis in the Babylonians’ version.

HALAKHAH: “Neither the cistern,” etc. Then why did he write “its bottom and height”? That if he wants to dig down, he may dig down and if he wants to increase its height, he may increase its height. Rav Abba bar Rav Huna in the name of Rav: Practice follows Rebbi Aqiba in our version which is following the rabbis in Rebbi Ḥiyya’s version. Rebbi Ze‘ira, Rav Jeremiah in the name of Rav: Practice follows Rebbi Aqiba in Rebbi Ḥiyya’s version which is following the rabbis in the Babylonians’ version.

HALAKHAH: “Neither the cistern,” etc. Then why did he write “its bottom and height”? That if he wants to dig down, he may dig down and if he wants to increase its height, he may increase its height. Rav Abba bar Rav Huna in the name of Rav: Practice follows Rebbi Aqiba in our version which is following the rabbis in Rebbi Ḥiyya’s version. Rebbi Ze‘ira, Rav Jeremiah in the name of Rav: Practice follows Rebbi Aqiba in Rebbi Ḥiyya’s version which is following the rabbis in the Babylonians’ version.

HALAKHAH: “Neither the cistern,” etc. Then why did he write “its bottom and height”? That if he wants to dig down, he may dig down and if he wants to increase its height, he may increase its height. Rav Abba bar Rav Huna in the name of Rav: Practice follows Rebbi Aqiba in our version which is following the rabbis in Rebbi Ḥiyya’s version. Rebbi Ze‘ira, Rav Jeremiah in the name of Rav: Practice follows Rebbi Aqiba in Rebbi Ḥiyya’s version which is following the rabbis in the Babylonians’ version.

HALAKHAH: “He who sells a village,” etc. It was stated: “He who sells a village. Rabban Simeon ben Gamliel says, he who sells a village sold the steward but did not sell the administrator. But if he said to him, ‘it and all it contains’? Even if he said to him, ‘it and all it contains’. In neither case did he sell ŝirah and its dependencies, and hard rocks hewn from it, and preserves of wild animals, birds, and fish.” Ŝirah means outlying houses, dependencies are hamlets. Its part in ocean or river, there are Tannaїm who state, it is sold, and there are Tannaїm who state, it is not sold. Rav Ḥisda said, he who says, it is sold, as long as it is within its domain; he who says, it is not sold, if it is not within its domain.

“When has this been said? For the seller. But one who gives a gift gives everything.” What is the difference between a seller and the giver of a gift? Rebbi Abba bar Ṭebelai in the name of Rav: Because the giver of a gift usually is magnanimous. Rebbi Samuel ben Rav Naḥman in the name of Rebbi Joḥanan: Because buyers care about minutiae. What is the difference between these opinions? A dedication to the Temple. He who says, because the giver of a gift usually is magnanimous, also the person vowing to the Temple usually is magnanimous. But he who says, because buyers care about minutiae, what does he say about a dedication to the Temple? Let us hear from the following: “Brothers who divided [an inheritance], if one acquired a field he acquired everything. Somebody taking possession of the property of a convert aquired it; if he took possession of a field, he took possession of everything. If somebody dedicated a field to the Temple, he dedicated everything. Rebbi Simeon says that he who dedicated a field to the Temple, only dedicated a grafted carob tree and an old sycamore tree.” Because they nurse from Temple property. Because he reserved access to himself? If he had not reserved access for himself, would they not feed from Temple property?

“When has this been said? For the seller. But one who gives a gift gives everything.” What is the difference between a seller and the giver of a gift? Rebbi Abba bar Ṭebelai in the name of Rav: Because the giver of a gift usually is magnanimous. Rebbi Samuel ben Rav Naḥman in the name of Rebbi Joḥanan: Because buyers care about minutiae. What is the difference between these opinions? A dedication to the Temple. He who says, because the giver of a gift usually is magnanimous, also the person vowing to the Temple usually is magnanimous. But he who says, because buyers care about minutiae, what does he say about a dedication to the Temple? Let us hear from the following: “Brothers who divided [an inheritance], if one acquired a field he acquired everything. Somebody taking possession of the property of a convert aquired it; if he took possession of a field, he took possession of everything. If somebody dedicated a field to the Temple, he dedicated everything. Rebbi Simeon says that he who dedicated a field to the Temple, only dedicated a grafted carob tree and an old sycamore tree.” Because they nurse from Temple property. Because he reserved access to himself? If he had not reserved access for himself, would they not feed from Temple property?

There, we have stated: “If somebody find a corpse in original position, lying as usual, he takes him and his surroundings.” Rav Ḥisda said, this implies that it is permitted to remove a corpse of obligation, since we have stated: “he takes him and his surroundings.” And how much? Rebbi Samuel in the name of Rebbi Jonathan: Up to three finger-breadths, the place where fluid penetrates. Rebbi Ze‘ira says, this is not reasonable; it is forbidden to remove a corpse of obligation. If you would say, it is permitted to remove him, since you are going to ruin the whole field, would it be permitted to remove him? Since it is obvious for the Tanna that it is forbidden to remove a corpse of obligation, therefore, one needs the Mishnah. Rav Ḥisda said, it follows him who said, it is permitted to remove a corpse of obligation; I am saying that he was buried on a permitted path. But whould one not have to worry that maybe he was a corpse of obligation? Corpses of obligation are infrequent.

There, we have stated: “If somebody find a corpse in original position, lying as usual, he takes him and his surroundings.” Rav Ḥisda said, this implies that it is permitted to remove a corpse of obligation, since we have stated: “he takes him and his surroundings.” And how much? Rebbi Samuel in the name of Rebbi Jonathan: Up to three finger-breadths, the place where fluid penetrates. Rebbi Ze‘ira says, this is not reasonable; it is forbidden to remove a corpse of obligation. If you would say, it is permitted to remove him, since you are going to ruin the whole field, would it be permitted to remove him? Since it is obvious for the Tanna that it is forbidden to remove a corpse of obligation, therefore, one needs the Mishnah. Rav Ḥisda said, it follows him who said, it is permitted to remove a corpse of obligation; I am saying that he was buried on a permitted path. But whould one not have to worry that maybe he was a corpse of obligation? Corpses of obligation are infrequent.

Rebbi Tanḥum from Kefar Gun in the name of Rebbi Eleazar ben Rebbi Yose: Four. One collects grasses from everywhere on condition that one not uproot. And one relieves himself behind a wall. Rebbi Eleazar ben Rebbi Yose in the name of Rebbi Tanḥum: Up to a place where he lets wind and is not heard. And one grazes in forests, even the tribe of Jehudah in the tribe of Naftali, and one gives Naftali an entire region South of the lake, as it is said, “lake and South of it he inherits,” the words of Rebbi Yose the Galilean. Rebbi Aqiba says, “lake” is Lake Samokhonites, “and South” is Lake Tiberias. And one may step to one side. Rav Jehudah in the name of Rav: Even into a field full of saffron. How? Does one have to pay or not? Since Rav Jehudah said, even into a field full of saffron, that means, one pays. Rebbi La said, since Rav Jehudah said, even into a field full of saffron, that means, one does not pay. But one cannot deviate more than necessary. Let us hear from the following: Rabban Gamliel and Rebbi Joshua were on the road [and stepped aside because of obstacles on the road] when they saw Jehudah ben Pappos, who was sinking, coming towards them. Rabban Gamliël said to Rebbi Joshua: Who is this one who makes an exhibition of himself? He answered: This is Jehudah ben Pappos, all whose deeds are done for Heaven’s sake.

Rebbi Tanḥum from Kefar Gun in the name of Rebbi Eleazar ben Rebbi Yose: Four. One collects grasses from everywhere on condition that one not uproot. And one relieves himself behind a wall. Rebbi Eleazar ben Rebbi Yose in the name of Rebbi Tanḥum: Up to a place where he lets wind and is not heard. And one grazes in forests, even the tribe of Jehudah in the tribe of Naftali, and one gives Naftali an entire region South of the lake, as it is said, “lake and South of it he inherits,” the words of Rebbi Yose the Galilean. Rebbi Aqiba says, “lake” is Lake Samokhonites, “and South” is Lake Tiberias. And one may step to one side. Rav Jehudah in the name of Rav: Even into a field full of saffron. How? Does one have to pay or not? Since Rav Jehudah said, even into a field full of saffron, that means, one pays. Rebbi La said, since Rav Jehudah said, even into a field full of saffron, that means, one does not pay. But one cannot deviate more than necessary. Let us hear from the following: Rabban Gamliel and Rebbi Joshua were on the road [and stepped aside because of obstacles on the road] when they saw Jehudah ben Pappos, who was sinking, coming towards them. Rabban Gamliël said to Rebbi Joshua: Who is this one who makes an exhibition of himself? He answered: This is Jehudah ben Pappos, all whose deeds are done for Heaven’s sake.

Rebbi Tanḥum from Kefar Gun in the name of Rebbi Eleazar ben Rebbi Yose: Four. One collects grasses from everywhere on condition that one not uproot. And one relieves himself behind a wall. Rebbi Eleazar ben Rebbi Yose in the name of Rebbi Tanḥum: Up to a place where he lets wind and is not heard. And one grazes in forests, even the tribe of Jehudah in the tribe of Naftali, and one gives Naftali an entire region South of the lake, as it is said, “lake and South of it he inherits,” the words of Rebbi Yose the Galilean. Rebbi Aqiba says, “lake” is Lake Samokhonites, “and South” is Lake Tiberias. And one may step to one side. Rav Jehudah in the name of Rav: Even into a field full of saffron. How? Does one have to pay or not? Since Rav Jehudah said, even into a field full of saffron, that means, one pays. Rebbi La said, since Rav Jehudah said, even into a field full of saffron, that means, one does not pay. But one cannot deviate more than necessary. Let us hear from the following: Rabban Gamliel and Rebbi Joshua were on the road [and stepped aside because of obstacles on the road] when they saw Jehudah ben Pappos, who was sinking, coming towards them. Rabban Gamliël said to Rebbi Joshua: Who is this one who makes an exhibition of himself? He answered: This is Jehudah ben Pappos, all whose deeds are done for Heaven’s sake.

Rebbi Tanḥum from Kefar Gun in the name of Rebbi Eleazar ben Rebbi Yose: Four. One collects grasses from everywhere on condition that one not uproot. And one relieves himself behind a wall. Rebbi Eleazar ben Rebbi Yose in the name of Rebbi Tanḥum: Up to a place where he lets wind and is not heard. And one grazes in forests, even the tribe of Jehudah in the tribe of Naftali, and one gives Naftali an entire region South of the lake, as it is said, “lake and South of it he inherits,” the words of Rebbi Yose the Galilean. Rebbi Aqiba says, “lake” is Lake Samokhonites, “and South” is Lake Tiberias. And one may step to one side. Rav Jehudah in the name of Rav: Even into a field full of saffron. How? Does one have to pay or not? Since Rav Jehudah said, even into a field full of saffron, that means, one pays. Rebbi La said, since Rav Jehudah said, even into a field full of saffron, that means, one does not pay. But one cannot deviate more than necessary. Let us hear from the following: Rabban Gamliel and Rebbi Joshua were on the road [and stepped aside because of obstacles on the road] when they saw Jehudah ben Pappos, who was sinking, coming towards them. Rabban Gamliël said to Rebbi Joshua: Who is this one who makes an exhibition of himself? He answered: This is Jehudah ben Pappos, all whose deeds are done for Heaven’s sake.

HALAKHAH: “Four situations for sellers.,” etc. How is this? If the measuring vessel belonged to the seller, he has the property rights, if to the buyer, he has the property rights. Rav Jehudah in the name of Samuel, Rebbi La in the name of the Great Rebbi Jehudah, so is the Mishnah: If the measuring vessel belonged to a third person. It was stated: Rebbi Jehudah says, Friday evenings close to sundown he is not liable since he has permission, but the Sages say, in any case he is liable. What is the reason for what Rebbi Jehudah said? “If he is hired, it is paid for by his wages.”

HALAKHAH: “Somebody sent his son to a grocer,” etc. Rebbi Abba bar Mamal said, for the tenths he has to let bend down a handbreadth. It is written: “Fair scales, fair weights.” From here the Sages said that any commandment whose reward is noted, the court is not warned about. “You shall have,” appoint market overseers over this. Rebbi Abun bar Ḥiyya said, so is the baraita: Any commandment whose reward is noted the court is not punished about. Rav was appointed market overseer by the Head of the Diaspora; he intervened about measuring vessels but not prices. The Head of the Diaspora jailed him. Rav Qarna went to see him and said, the market overseer about whom they spoke was for measures but not prices. He answered, but you had stated: the market overseer is for both measures and prices. He said to him, go out and tell them, the market overseer is for measures but not prices. He went out and said to them, a person who teaches hidden things they send to jail!

HALAKHAH: “Somebody sent his son to a grocer,” etc. Rebbi Abba bar Mamal said, for the tenths he has to let bend down a handbreadth. It is written: “Fair scales, fair weights.” From here the Sages said that any commandment whose reward is noted, the court is not warned about. “You shall have,” appoint market overseers over this. Rebbi Abun bar Ḥiyya said, so is the baraita: Any commandment whose reward is noted the court is not punished about. Rav was appointed market overseer by the Head of the Diaspora; he intervened about measuring vessels but not prices. The Head of the Diaspora jailed him. Rav Qarna went to see him and said, the market overseer about whom they spoke was for measures but not prices. He answered, but you had stated: the market overseer is for both measures and prices. He said to him, go out and tell them, the market overseer is for measures but not prices. He went out and said to them, a person who teaches hidden things they send to jail!

Rav Hamnuna the scribe asked Rebbi Ḥanina: One verse says, “its height thirty cubits,” and another verse says, “its height twenty cubits.” He had never heard this and they could not answer him anything. He asked Rebbi Jeremiah, who told him, from the ground up thirty cubits, from the inner room up twenty cubits. Rebbi Abbahu said, destroy the inner room! The inner room was standing from the ground to the beams, as it is written, “covered with cedar from the ground to the beams.” But from the ground up thirty cubits, from the Cherub up twenty cubits. Rebbi Tanḥuma said, it is an aggadic tradition that the space in the inner room not be counted. Rebbi Levi said, the space occupied by the Ark is not counted. Rebbi Levi said, and it was stated in the name of Rebbi Jehudah ben Rebbi Illai, the Ark stands in the middle and divides the room, ten cubits in every direction of the compass.

HALAKHAH: “If somebody says to another: I am selling you a bet kor of dust,” etc. Rebbi Yasa said in the name of Rebbi Joḥanan: Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it is in the middle, it is measured, at the side it is not measured. What is a side and what is in the middle? In the House of Rebbi Yannai they said, any place surrounded by a ploughed area is in the middle; any place not surrounded by a ploughed area is to the side. Rebbi Yose came in the name of Rebbi Joḥanan: If it was a majority on one side, but if you spread it, it becomes a smaller part, and it is measured with it. How wide? Rebbi Ḥaggai said, up to four cubits. Rebbi Yose ben Rebbi Abun said, up to ten handbreadths. If there was a depression ten handbreadths deep but less than four wide, what is the rule? Let us hear from the following, what Rebbi Yasa said in the name of Rebbi Joḥanan: “Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it was split, it is measured with it.” This means that if the greater part of it was on one side, but if you spread it, it becomes the smaller part and is not measured with it. If there was a long depression which added up to a bet rova‘? Rebbi Ḥiyya bar Abba asked: If it was shaped like sticks, is it measured with it or not? Rebbi Yudan bar Ismael asked: If it was like marble plates, is it measured with it or not? Rebbi Isaac bar Tebelai asked: If it was formed like chairs, does he measure from the place of its wall or does he measure from its declivity? Rav Huna in the name of Rav, [Rebbi] Ḥiyya in the name of Rebbi Joḥanan: Only if the total agricultural area was four bet kor.

HALAKHAH: “If somebody says to another: I am selling you a bet kor of dust,” etc. Rebbi Yasa said in the name of Rebbi Joḥanan: Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it is in the middle, it is measured, at the side it is not measured. What is a side and what is in the middle? In the House of Rebbi Yannai they said, any place surrounded by a ploughed area is in the middle; any place not surrounded by a ploughed area is to the side. Rebbi Yose came in the name of Rebbi Joḥanan: If it was a majority on one side, but if you spread it, it becomes a smaller part, and it is measured with it. How wide? Rebbi Ḥaggai said, up to four cubits. Rebbi Yose ben Rebbi Abun said, up to ten handbreadths. If there was a depression ten handbreadths deep but less than four wide, what is the rule? Let us hear from the following, what Rebbi Yasa said in the name of Rebbi Joḥanan: “Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it was split, it is measured with it.” This means that if the greater part of it was on one side, but if you spread it, it becomes the smaller part and is not measured with it. If there was a long depression which added up to a bet rova‘? Rebbi Ḥiyya bar Abba asked: If it was shaped like sticks, is it measured with it or not? Rebbi Yudan bar Ismael asked: If it was like marble plates, is it measured with it or not? Rebbi Isaac bar Tebelai asked: If it was formed like chairs, does he measure from the place of its wall or does he measure from its declivity? Rav Huna in the name of Rav, [Rebbi] Ḥiyya in the name of Rebbi Joḥanan: Only if the total agricultural area was four bet kor.

HALAKHAH: It was stated: If somebody says to another: I am selling you half a field, and X and Y and half of Z surround you. Rav Huna, and Rav Jehudah, and Rebbi Jeremiah. One said, he gives him [an area shaped] like a pandur. And one said, he gives him something like a strip of cloth. And one said, he gives him something like patches.

HALAKHAH: It was stated: If somebody says to another: I am selling you half a field, and X and Y and half of Z surround you. Rav Huna, and Rav Jehudah, and Rebbi Jeremiah. One said, he gives him [an area shaped] like a pandur. And one said, he gives him something like a strip of cloth. And one said, he gives him something like patches.

So far a daughter. A son? Since the daughter, whose power is diminished regarding the father’s property, has her power increased regarding the mother’s property, should the son’s power not be increased regarding the mother’s property, since his power is increased regarding the father’s property? It turns out that for the daughter one infers from the verse and for the son from an argument de minore ad majus. Does the son precede the daughter? Rebbi Simeon ben Eleazar said in the name of Rebbi Zachariah the butcher’s son: So did Rebbi Simeon ben Jehudah say in the name of Rebbi Simeon: Both son and daughter are equal for the mother’s tribe Rebbi Mallukh in the name of Rebbi Joshua ben Levi: Practice follows Rebbi Zachariah. Rebbi Yannai the Kappadokian had a case; the judges were Rav Huna, Rebbi Jehudah ben Pazi, and Rebbi Aḥa. Rebbi Aḥa told them: Our brothers outside the Land are unqualified and err in practice; in particular they rely on Rebbi Mallukh in the name of Rebbi Joshua ben Levi, but it is not so. Rebbi Simon in the name of Rebbi Joshua ben Levi: Practice does not follow Rebbi Zachariah. Rebbi Abba the son of Rebbi Ḥiyya in the name of Rebbi Joḥanan: Practice does not follow Rebbi Zachariah. Rebbi Eleazar the father of Rebbi Isaac bar Naḥman in the name of Rebbi Hoshaiah: Practice does not follow Rebbi Zachariah. Rebbi Yannai and Rebbi Joḥanan were sitting when Rebbi Yudan the Prince came and asked concerning: “Any daughter who is an heiress of the tribes,” what is the rule? He said to him, it binds the father’s tribe together with the mother’s tribe. Since from the father’s tribe there is nothing for the daughter when there is a son, so also from the mother’s tribe there is nothing for the daughter when there is a son. Or is it the other way around? Since from the mother’s tribe there is something for the daughter when there is a son, so also from the father’s tribe is there something for the daughter when there is a son? Rebbi Joḥanan said to him, let us leave; that man does not want to listen to words of instruction.

Samuel asked Rav Huna: if one wrote a gift in the language of a sale? He answered, he made it ride on two racing horses; Rebbi Ḥizqiah said, they only said that one brings two white horses and makes it ride on both. One goes in one direction and the other in another; it turns out that he caught nothing.

There, we have stated: “Rabban Simeon ben Gamliel said, if she dies, he should inherit from her since he made a condition contradicting what is written in the Torah.” Rav Jeremiah in the name of Rav: “Since he made a condition contradicting what is written in the Torah and anybody’s condition contradicting what is written in the Torah is invalid”? Conditions other than for money matters. But here we are dealing with a money matter! What is Rav’s reason? Because in the end he acquired it. Rebbi Joḥanan said, practice follows Rebbi Joḥanan ben Beroqa, for Rebbi Joḥanan said, if she sold or gave away, the rule should be that it is valid. Then why did they say that her sale is invalid? Lest she smuggle away her properties from her husband and say, they are mine. Rebbi Justinus had a case before the rabbis and they obligated him. He came before Rebbi Simeon ben Laqish who told him, enter your properties. Rebbi Jeremiah asked before Rebbi Ze‘ira: Did not Rav say, because in the end he acquired it. Did not Rebbi Joḥanan say, practice follows Rebbi Joḥanan ben Beroqa? Did not Rebbi Simeon ben Laqish say, go and enter your properties? Who are these rabbis? The rabbis of Rebbi Justinus.

There, we have stated: “Rabban Simeon ben Gamliel said, if she dies, he should inherit from her since he made a condition contradicting what is written in the Torah.” Rav Jeremiah in the name of Rav: “Since he made a condition contradicting what is written in the Torah and anybody’s condition contradicting what is written in the Torah is invalid”? Conditions other than for money matters. But here we are dealing with a money matter! What is Rav’s reason? Because in the end he acquired it. Rebbi Joḥanan said, practice follows Rebbi Joḥanan ben Beroqa, for Rebbi Joḥanan said, if she sold or gave away, the rule should be that it is valid. Then why did they say that her sale is invalid? Lest she smuggle away her properties from her husband and say, they are mine. Rebbi Justinus had a case before the rabbis and they obligated him. He came before Rebbi Simeon ben Laqish who told him, enter your properties. Rebbi Jeremiah asked before Rebbi Ze‘ira: Did not Rav say, because in the end he acquired it. Did not Rebbi Joḥanan say, practice follows Rebbi Joḥanan ben Beroqa? Did not Rebbi Simeon ben Laqish say, go and enter your properties? Who are these rabbis? The rabbis of Rebbi Justinus.

There, we have stated: “Rabban Simeon ben Gamliel said, if she dies, he should inherit from her since he made a condition contradicting what is written in the Torah.” Rav Jeremiah in the name of Rav: “Since he made a condition contradicting what is written in the Torah and anybody’s condition contradicting what is written in the Torah is invalid”? Conditions other than for money matters. But here we are dealing with a money matter! What is Rav’s reason? Because in the end he acquired it. Rebbi Joḥanan said, practice follows Rebbi Joḥanan ben Beroqa, for Rebbi Joḥanan said, if she sold or gave away, the rule should be that it is valid. Then why did they say that her sale is invalid? Lest she smuggle away her properties from her husband and say, they are mine. Rebbi Justinus had a case before the rabbis and they obligated him. He came before Rebbi Simeon ben Laqish who told him, enter your properties. Rebbi Jeremiah asked before Rebbi Ze‘ira: Did not Rav say, because in the end he acquired it. Did not Rebbi Joḥanan say, practice follows Rebbi Joḥanan ben Beroqa? Did not Rebbi Simeon ben Laqish say, go and enter your properties? Who are these rabbis? The rabbis of Rebbi Justinus.

There, we have stated: “Rabban Simeon ben Gamliel said, if she dies, he should inherit from her since he made a condition contradicting what is written in the Torah.” Rav Jeremiah in the name of Rav: “Since he made a condition contradicting what is written in the Torah and anybody’s condition contradicting what is written in the Torah is invalid”? Conditions other than for money matters. But here we are dealing with a money matter! What is Rav’s reason? Because in the end he acquired it. Rebbi Joḥanan said, practice follows Rebbi Joḥanan ben Beroqa, for Rebbi Joḥanan said, if she sold or gave away, the rule should be that it is valid. Then why did they say that her sale is invalid? Lest she smuggle away her properties from her husband and say, they are mine. Rebbi Justinus had a case before the rabbis and they obligated him. He came before Rebbi Simeon ben Laqish who told him, enter your properties. Rebbi Jeremiah asked before Rebbi Ze‘ira: Did not Rav say, because in the end he acquired it. Did not Rebbi Joḥanan say, practice follows Rebbi Joḥanan ben Beroqa? Did not Rebbi Simeon ben Laqish say, go and enter your properties? Who are these rabbis? The rabbis of Rebbi Justinus.

“And he shall inherit from her.” I could think that just as he inherits from her, she should inherit from him. The verse says, “from her.” He inherits from her, she does not inherit from him. Rebbi Joḥanan said, the words of the Sages are that her father inherits from her, her brothers inherit from her. Rebbi Abba bar Mamal objected: If you say that the inheritance status of a woman is not from the Torah, should he not inherit from his preliminarily wedded wife? As you say there, “the one close to him,” not the preliminarily wedded one, so also here, “the one close to him,” not the preliminarily wedded one. Rav Hamnuna objected: If you say that a woman does not inherit by the word of the Torah, should not the husband inherit the expectancy like existing property? Rebbi Yose said, so did Rebbi teach: The husband does not take the expectancy like that which is at hand. Rebbi Yose ben Rebbi Abun said, there is the first-born whose inheritance is from the Torah but he does not take the expectancy like that which is at hand.

Rav Jeremiah in the name of Rav: That there should be twelve months of sustenance for all of them. Samuel said, this is the opinion of Rabban Gamliel ben Rebbi, but the words of the Sages are, until they reach adulthood or are married. That is both a leniency and a restriction. Sometimes they are close to adulthood, sometimes far from adulthood. They asked before Rebbi Ḥiyya bar Abba, what did you hear from Rebbi Joḥanan? He said to them, I did not hear anything from him concerning this matter except what Nathan bar Hoshaia asked before Rebbi Joḥanan: what if there was sustenance for twelve months but the estate diminished in value? He answered him, since they started with permission, they started.

Rav Jeremiah in the name of Rav: That there should be twelve months of sustenance for all of them. Samuel said, this is the opinion of Rabban Gamliel ben Rebbi, but the words of the Sages are, until they reach adulthood or are married. That is both a leniency and a restriction. Sometimes they are close to adulthood, sometimes far from adulthood. They asked before Rebbi Ḥiyya bar Abba, what did you hear from Rebbi Joḥanan? He said to them, I did not hear anything from him concerning this matter except what Nathan bar Hoshaia asked before Rebbi Joḥanan: what if there was sustenance for twelve months but the estate diminished in value? He answered him, since they started with permission, they started.

Rebbi Ḥanina and Rebbi Mana. One said, only if at the end there be sustenance for twelve months. But the other said, even from the start. If there was not sustenance for all of them for twelve months but they increased it so that how there is sustenance for all of them for twelve months? Rebbi Immi the Babylonian said, let us hear from the following: If the heirs sold, they sold from their own property. So much more, if they increased it, they should be able to divide it. If there was sustenance for all of them for twelve months and a widow to support, may the sons say to the daughters: you have sustenance only for twelve months? Rebbi Eudaimon said, let us hear from the following: “If the orphans said, we accept the properties of our father for the value of an extra denar, one does not listen to them.” Rav Ḥisda asked: if there was sustenance for all of them for twelve months and a widow to support, may the sons say to the daughters: you have sustenance only for twelve months? But this means, only if there was sustenance for all of them for twelve months, except for ketubah of the wife, except for the sustenance of the widow, except for the dowries of the daughters, except for loans by document, except for loans by witnesses, except for her burial. The widow and the daughters are of equal rank. The widow and the sons are of equal rank. The widow does not push the daughters aside and the daughters do not push the widow aside. Sometimes the widow pushes the daughters out by means of the sons. Just as the widow pushes out the daughters by means of the sons, should the widow not push out the sons? She might claim her ketubah and lose her right to sustenance.

Rav Ḥananel in the name of [Rav]; Rebbi Ze‘ira in the name of Abba bar Jeremiah: Practice follows Ḥanan in his two statements; practice does not follow Admon in his seven statements. Rebbi Abba bar Zavda in the name of Rebbi Isaac bar Ḥaqula: In every case in which Rabban Simeon ben Gamliel said, I am convinced by Admon’s statement, practice follows Admon.

Rav Ḥananel in the name of [Rav]; Rebbi Ze‘ira in the name of Abba bar Jeremiah: Practice follows Ḥanan in his two statements; practice does not follow Admon in his seven statements. Rebbi Abba bar Zavda in the name of Rebbi Isaac bar Ḥaqula: In every case in which Rabban Simeon ben Gamliel said, I am convinced by Admon’s statement, practice follows Admon.

HALAKHAH: “If he is survived by adult and underage children,” etc. Rebbi La said, “if they said” in court. In the House of Rebbi Yannai they said, even a jug. Rav said, even a basket, even an axe. Rebbi Ḥiyya stated: Even a needle, even a thread to tie down.

Rebbi Joshua ben Levi said: One divides for the underaged because of the adults. But if the underaged found something additional and protested? Rebbi Abbahu said, they have to swear for them. Rebbi Mana said, everywhere the burden of proof is on the claimant except in this case. The Great Rebbi Ḥiyya says, without contract brothers are co-owners up to three generations. Rebbi [Yose] bar Abun said, also Rav Hamnuna did instruct in this sense.

HALAKHAH: “If one of co-owning brothers,” etc. It was stated: If one of co-owning brothers was requisitioned for government service. If this was because of the sharecroppper, he takes because of the sharecropper. If because of the head of household, he takes as head of household. As the following: Rav Naḥman bar Samuel bar Naḥman was appointed to the city council. The case came before Rebbi Immi. He said, if Naḥman who was caught has enough property, it should be given from his property; otherwise it should be given to him from the common estate.

HALAKHAH: “If a bedridden person distributed all his properties to others,” etc. Rav Jeremiah in the name of Rav: If he reserved any movables, he did not do anything. But if he reserved money and bought real estate it is as if he reserved real estate. And what you say that if he did not reserve any real estate his gift is not a gift, if he did (not) recuperate. But if he did [not] recuperate, that is the case about which Rebbi Joḥanan said in the name of Rebbi Yannai, they treated words of a bedridden person like those of a healthy person who wrote and delivered; but only if he died from that sickness. If a critically ill person distributed his property, whether on a weekday or on the Sabbath, what he did is valid. But if he was healthy [it is valid] only if he wrote “by money, or contract, or possession.”

HALAKHAH: “If a bedridden person distributed all his properties to others,” etc. Rav Jeremiah in the name of Rav: If he reserved any movables, he did not do anything. But if he reserved money and bought real estate it is as if he reserved real estate. And what you say that if he did not reserve any real estate his gift is not a gift, if he did (not) recuperate. But if he did [not] recuperate, that is the case about which Rebbi Joḥanan said in the name of Rebbi Yannai, they treated words of a bedridden person like those of a healthy person who wrote and delivered; but only if he died from that sickness. If a critically ill person distributed his property, whether on a weekday or on the Sabbath, what he did is valid. But if he was healthy [it is valid] only if he wrote “by money, or contract, or possession.”

Rav Jeremiah in the name of Rav: Practice follows Rebbi Meir. Samuel said, the Mishnah is inverted. In what is the Mishnah inverted? The senior colleagues said, “witnesses.” The junior colleagues said, no “witnesses”: did they only disagree about witnesses? Rebbi Aḥa said, since I told you to write “bedridden” and you did not write it, you are liers.

Rav Jeremiah in the name of Rav: Practice follows Rebbi Meir. Samuel said, the Mishnah is inverted. In what is the Mishnah inverted? The senior colleagues said, “witnesses.” The junior colleagues said, no “witnesses”: did they only disagree about witnesses? Rebbi Aḥa said, since I told you to write “bedridden” and you did not write it, you are liers.

HALAKHAH: “If the house collapsed on him and his father,” etc. Rebbi Samuel ben Rav Isaac said, this implies that Ben Azzai was a colleague and student of Rebbi Aqiba.

Rebbi Idi in the name of Rebbi Jeremiah. The practice for a knotted one is the following. One writes the lender’s name, and the borrower’s name, the witnesses’ names, and the time. Then one knots it and repeats the text below. But should one not be afraid that maybe he falsifies? Rav Huna said, witnesses never sign below unless they first read in the text above: “I X son of Y accept everything written above.”

Rebbi Abba in the name of Rav Jeremiah: The signatures of the witnesses must be two blank lines away from the text. Rebbi Idi in the name of Rav Jeremiah: On a knotted document the witnesses sign lengthwise; on a simple document the witnesses sign across. The first one on the outside, the latter one on the inside. Rebbi Mana said, [ ]. How do the witnesses sign on a knotted document? Rav Huna said, between two knots. Rebbi Idi said, but between witnesses’ signatures and the document there may not be space for two lines.

Rebbi Abba in the name of Rav Jeremiah: The signatures of the witnesses must be two blank lines away from the text. Rebbi Idi in the name of Rav Jeremiah: On a knotted document the witnesses sign lengthwise; on a simple document the witnesses sign across. The first one on the outside, the latter one on the inside. Rebbi Mana said, [ ]. How do the witnesses sign on a knotted document? Rav Huna said, between two knots. Rebbi Idi said, but between witnesses’ signatures and the document there may not be space for two lines.

Rebbi Abba in the name of Rav Jeremiah: The signatures of the witnesses must be two blank lines away from the text. Rebbi Idi in the name of Rav Jeremiah: On a knotted document the witnesses sign lengthwise; on a simple document the witnesses sign across. The first one on the outside, the latter one on the inside. Rebbi Mana said, [ ]. How do the witnesses sign on a knotted document? Rav Huna said, between two knots. Rebbi Idi said, but between witnesses’ signatures and the document there may not be space for two lines.

Simeon bar Abba in the name of Rebbi Joḥanan: An empty space of two lines in a text about one subject in any case [invalidates]. Rebbi Samuel bar Rav Isaac said: The Mishnah says so: “One Hebrew- and one Greek-writing witness …” Is not Hebrew combined with Greek one item? “How far from the text should the witnesses sign? That they can be read with it, the words of Rebbi. Rebbi Simeon ben Eleazar says, one full line. Rebbi Dositheos ben Jehudah says, the width of the witnesses’ handwriting.” Rav Jeremiah said in the name of Rav: One estimates לך ולך. Rebbi Yasa in the name of Rebbi Sabbatai: the width of the witnesses’ handwriting.

Simeon bar Abba in the name of Rebbi Joḥanan: An empty space of two lines in a text about one subject in any case [invalidates]. Rebbi Samuel bar Rav Isaac said: The Mishnah says so: “One Hebrew- and one Greek-writing witness …” Is not Hebrew combined with Greek one item? “How far from the text should the witnesses sign? That they can be read with it, the words of Rebbi. Rebbi Simeon ben Eleazar says, one full line. Rebbi Dositheos ben Jehudah says, the width of the witnesses’ handwriting.” Rav Jeremiah said in the name of Rav: One estimates לך ולך. Rebbi Yasa in the name of Rebbi Sabbatai: the width of the witnesses’ handwriting.

Simeon bar Abba in the name of Rebbi Joḥanan: An empty space of two lines in a text about one subject in any case [invalidates]. Rebbi Samuel bar Rav Isaac said: The Mishnah says so: “One Hebrew- and one Greek-writing witness …” Is not Hebrew combined with Greek one item? “How far from the text should the witnesses sign? That they can be read with it, the words of Rebbi. Rebbi Simeon ben Eleazar says, one full line. Rebbi Dositheos ben Jehudah says, the width of the witnesses’ handwriting.” Rav Jeremiah said in the name of Rav: One estimates לך ולך. Rebbi Yasa in the name of Rebbi Sabbatai: the width of the witnesses’ handwriting.

Rebbi Idi in the name of Rebbi Jeremiah: One has to expand two lines from an erasure. Rebbi Isaac said, even for a simple document. Rav said, an erasure or an insertion must be confirmed in writing. Rav said, “this is its confirmation”. Rebbi Abbahu in the name of Rebbi Isaac ben Haqula: Any erasure has to be given a maximal interpretation. What means, any erasure has to be given a maximal interpretation? Rebbi Yasa the fuller, son-in-law to Rebbi Yose, in the name of Rebbi Yose: “Contract” is written on top, “contract” erased below. I am saying, they decided to make it an unconditional preliminary marriage. They erased it in order not to make an insertion in the document, because the rabbis are suspicious of insertions in documents.

Rebbi Idi in the name of Rebbi Jeremiah: One has to expand two lines from an erasure. Rebbi Isaac said, even for a simple document. Rav said, an erasure or an insertion must be confirmed in writing. Rav said, “this is its confirmation”. Rebbi Abbahu in the name of Rebbi Isaac ben Haqula: Any erasure has to be given a maximal interpretation. What means, any erasure has to be given a maximal interpretation? Rebbi Yasa the fuller, son-in-law to Rebbi Yose, in the name of Rebbi Yose: “Contract” is written on top, “contract” erased below. I am saying, they decided to make it an unconditional preliminary marriage. They erased it in order not to make an insertion in the document, because the rabbis are suspicious of insertions in documents.

“Rebbi answered to confirm the words of Rebbi Ḥananiah ben Gamliel: The main text of the document proves whether it is simple or not simple.” What is the main text of a document? Rebbi Abba said, as Rav Huna said: witnesses never sign below unless they first read before them: “I X son of Y accept everything written above.” And did we not state: this is the formula for documents of indebtedness? Rebbi Mani said, this is the formula for knotted documents of indebtedness. Rebbi Abbin said, even if you say, it is the same for simple and knotted, for a simple document it is indispensable, for a knotted one it is not indispensable. Rebbi Jehudah says, if one adds to the practice. A simple document has two [winesses], a knotted one three, but they do it with three. A simple document inside, a knotted one on its back, but they do it inside and on its back.

HALAKHAH: “If somebody paid off part of his debt,” etc. Rav said, the court writes him a confirmation. Rebbi Ḥiyya stated: the court does not write a confirmation. Rebbi Jeremiah said, if Rav had heard this baraita, he would not have said what he did.

HALAKHAH: “If somebody paid off part of his debt,” etc. Rav said, the court writes him a confirmation. Rebbi Ḥiyya stated: the court does not write a confirmation. Rebbi Jeremiah said, if Rav had heard this baraita, he would not have said what he did.

Rav said, one has to mention the earlier date in the second document. But Samuel said, one does not have to mention the earlier date in the second document. Rebbi Ḥiyya stated, one does not have to mention the earlier date in the second document. Rebbi Joḥanan asked, if one had to mention the earlier date in the second document, would Rebbi Yose have said, “that comes to him rightly, not to impair the other one’s rights”?

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.