sages

There, we have stated: “One does not make the proselyte drink, etc. But the Sages say, one makes her drink.” Where do we hold? If about an Israel who married a proselyte, it already is written: “The sons of Israel” (not proselytes). If about a proselyte who married a Jewish girl, it already is written: “The man has to bring his wife to the Cohen.” But we must hold about a proselyte who married a proselyte. What is the reason of Rebbi Aqiba? “The children of Israel”, not proselytes. What is the reason of the Sages? “You shall say to them”, to add everything written in that paragraph. What is written in that paragraph? “A man slept with her”. His lying with her makes her forbidden, then her husband declares his jealousy and makes her drink.

HALAKHAH: “He gives her to drink and after that he sacrifices her offering,” etc. What is the reason of the rabbis? “They shall come into her.” What is the reason of Rebbi Simeon? “After that he shall give to the woman to drink.” How does Rebbi Simeon explain the rabbis’ reason, “they shall come into her”? All of them, not part only How do the rabbis explain Rebbi Simeon’s reason, “after that he shall give the water to the woman to drink”? Against her will, without her agreement. Rebbi Simeon agrees with the rabbis that if he gave her to drink and after that presented her offering, it is valid. The rabbis agree with Rebbi Simeon that if he presented her offering and after that gave her to drink, it is valid. What is the difference between them? The commandment. The rabbis say that the flour offering checks her out but Rebbi Simeon says, the water is what checks her out. What is the reason of the Sages? “A flour offering of remembrance remembering iniquity.” What is the reason of Rebbi Simeon? “They shall come into her.” How do the rabbis explain Rebbi Simeon’s reason, “they shall come into her”? This teaches that it shakes all her limbs. How does Rebbi Simeon explain the rabbis’ reason, “a flour offering of remembrance remembering iniquity”? This teaches that all iniquities she has committed are remembered at that time.

MISHNAH: A woman pregnant by another man or nursing another man’s [child] may neither drink nor collect her ketubah, the words of Rebbi Meïr, but the Sages say, he may separate from her and take her back later. A she-ram, an old woman, or a sterile one, neither drinks nor collects her ketubah; Rebbi Eleazar says, he may marry another wife and be fruitful and multiply with her. All other women either drink or cannot collect their ketubah.

HALAKHAH: A woman pregnant by another man or nursing another man’s [child],” etc. A man should not marry a woman pregnant by another man or nursing another man’s [child], but if he did marry her, the verse says about him: “Do not remove the eternal boundaries and do not enter the orphans’ field.” He who marries a woman pregnant by another man or nursing another man’s [child] has to divorce her and should never retake her, the words of Rebbi Meĩr, but the Sages say, he may separate from her and take her back later. Does Rebbi Meїr always fine people? Let us hear from the following: “The underage woman who performed ḥalîṣah should repeat ḥalîṣah once she becomes of age but if she did not repeat it, the ḥalîṣah is valid.” Rebbi Mana said it without attribution, Rebbi Isaac the son of Rebbi Ḥiyya the scribe in the name of Rebbi Joḥanan: It is Rebbi Meїr who said that one does not perform ḥalîṣah or levirate with an underage girl because she might turn out to be a she-ram.

The Sages agree with Rebbi Eleazar that if he had [another] wife and children, she drinks and collects her ketubah. If he had [another] wife and children but they died between the declaration of jealousy and her secret rendez-vous, she already was eligible to drink. If he did not have [another] wife and children but they died between the declaration of jealousy and her secret rendez-vous, she already was barred from drinking.

HALAKHAH: “Rebbi Joshua said, who would remove the dust from your eyes, Rabban Joḥanan ben Zakkai,” etc. When was Job? Rebbi Simeon ben Laqish in the name of Bar Qappara: He was in the days of our father Abraham; that is what is written: “ A man was in the land of Oz, his name was Job.” And it is written, “ Oz his firstborn.” Rebbi Abba said, in the days of our father Jacob and Dinah was his wife; that is what is written: “ You speak like one of the impious ones”, and it is written: “ For an impiety he did in Israel.” Rebbi Levi said, he was in the days of the tribes; that is what is written: “ What Sages would tell, they did not conceal from their fathers.” Rebbi Yose ben Ḥalaphta said, he was born when they descended into Egypt and he died when they left. A parable of a shepherd when a wolf came and attacked his flock. What did he do? He put up a ram against him. That is what is written: “ He delivered me to the evil one, he threw me amongst evildoers.” Rebbi Ismael stated: Job was one of Pharao’s servants, a great one in his government’. That is what is written: “ One who feared the word of the Eternal etc.”, and it is written about him, “ a man, artless and straight, fearing God and fleeing from evil”. Rebbi Yose bar Jehudah says, he was in the days when the Judges judged; that is what is written: “Behold, you all did see, why do you turn all into vapor.” You saw what my generation did, that they collect tithes on the threshing floors; “you loved whore’s wages on all grain threshing floors.” Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: He was in the days of the queen of Seba, as it is said: “Seba attacked and took them.” Rebbi Nathan said, he was in the days of the Chaldeans, as it is said: “The Chaldeans attacked from three sides.” Rebbi Joshua ben Qorḥa said, he was in the days of Asuerus, as it is said: “One shall look for beautiful virgins for the king.” And it is written, “no women were found like Job’s daughters.” Rebbi Joshua ben Levi said, he was of the returnees of the diaspora. Rebbi Joḥanan said, He was of the returnees from the diaspora and was a Jew. Therefore Rebbi Joḥanan learned from him the rules of mourning. “Job got up and tore his coat”; Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan: From here [one learns] that a mourner has to tear [his garment] while standing. Rebbi Ḥiyya stated: In My world I had one just Gentile, I gave him his reward and removed him from My world. Rebbi Simeon ben Laqish said, Job did not exist and will never live. The opinion of Rebbi Simeon ben Laqish is inconsistent: There, Rebbi Simeon ben Laqish said in the name of Bar Qappara: He was in the days of our father Abraham, but here he says so? But he did exist but his suffering did not. Then why is it written about him? To tell you that if it had come upon him, he would have withstood it.

MISHNAH: How does the reading of the king proceed? At the end of the last day of Tabernacles, on the eighth, at the end of the Sabbatical year, one makes a wooden platform for him and he sits on it, as it is said: “At the end of seven years, at the assembly of the Sabbatical years at the festival of Tabernacles, when all of Israel appears.” The organizer of the synagogue takes a Torah scroll and gives it to the president of the synagogue; the president of the synagogue gives it to the Second; the Second gives it to the High Priest, the High Priest gives it to the king. The king stands to receive it, he reads sitting down. King Agrippas stood to receive, he read while standing, and the Sages praised him. When he reached “you cannot put over yourselves a strange man who is not your brother”, tears flowed from his eyes. They said to him, do not fear Agrippas, you are our brother, you are our brother.

MISHNAH: If [the corpse] was found hidden in a heap, or hanging from a tree, or floating on the water, one did not break the neck as it is written “on the earth” but not hidden in a heap, “fallen” but not hanging from a tree, “on the field” but not floating on the water. If he was found close to the border, a town in which Gentiles live, or a town without a court, one did measure only from a town with a court. If he was found exactly in the middle between two towns, both bring a total of two calves, the words of Rebbi Eliezer; but the Sages say that one town brings one calf whose neck is broken but two towns do not bring two calves, and Jerusalem does not bring a calf whose neck is broken.

It was stated: It is possible to raise questions about all couples from the time that Moses died until Yose ben Yoezer from Ṣereda and Joseph ben Joḥanan from Jerusalem. It is possible to raise questions about all couples from the time that Yose ben Yoezer from Ṣereda and Joseph ben Joḥanan from Jerusalem died until Rebbi Jehudah ben Baba arose. They said about Rebbi Jehudah ben Baba that all he did was in the name of Heaven except that he raised an animal of the flock. This happened the following way. Once he fell sick and the medical men went to visit him. They told him: there is no healing for you except freshly warm milk, because he had angina pectoris. What did he do? He bought a goat and bound it to the legs of his bed and when he had an attack of angina he sucked from it freshly warm milk. But when the Sages wanted to visit him, they said how could we enter when the robber dwells with him in the house? When he died, he said: I did never sin except that in this case I disregarded the words of my colleagues. After his death they checked all he had done and did not find any sin except that goat alone.

It was stated: “Rebbi Simeon ben Eleazar says, purity took away taste and smell, tithes took away the fat of grain.” From what was taken most? Rebbi Levi ben Ḥaita said, let us hear from the following: “One thought to come to a heap of twenty and it was ten. He came to the winepress to draw 50 pitchers,” it does not say ‘and there were 25’ but “and there were 20.” “ But the Sages say, immorality and sorcery killed everything.”

MISHNAH: When Rabban Joḥanan ben Zakkai died, the splendor of wisdom disappeared. When the elder Rabban Gamliel died, the honor of Torah disappeared, purity and self-discipline died. When Ismael ben Phiabi died, the splendor of priesthood died. When Rebbi died, meekness and fear of sin died. When Rebbi Meїr died, the inventors of parables disappeared. When Rebbi Aqiba died, the preachers disappeared. When Ben Azai died, the perseverers disappeared. When Ben Zoma died, the students disappeared. When Rebbi Joshua died, good disappeared from the world When Rebbi Eleazar ben Azariah died, wealth disappeared from the Sages. When Rabban Gamliel died, locusts came and troubles increased. When Rebbi Ḥanina ben Dosa and Yose the small died, piety disappeared. Why was he called Yose of the small room? For he was the concentrate of pious men. Rebbi Phineas ben Yaїr says, after the Temple was destroyed, fellows and freeborn were ashamed and covered their heads, people of [good] deeds shrivelled, strong-armed people and informers became dominant, nobody explains, nobody desires and nobody asks. On whom can we rely? On our Father in Heaven. The great Rebbi Eliezer says, from the day the Temple was destroyed, the Sages were diminished to be like scribes, the scribes like community servants, the community servants like common people; the common people go and degenerate, nobody desires and nobody asks. On whom can we rely? On our Father in Heaven. On the heels of the Messiah impertinence will grow, inflation will lead, the vine will give its fruit but the wine will be expensive, the government will turn heretic, nobody rebukes, the assembly hall will be a brothel, Galilee will be destroyed and Gaulanitis become deserted, frontier dwellers will move from city to city and nobody will have mercy on them, the wisdom of scholars will be defective, those who fear sin will be despised, truth will be absent, young men will insult Elders, Elders will stand before the young, “a son will abuse his father, a daughter rebel against her mother and a daughter-in-law against her mother-in-law, the enemies of a person are his family”, the generation is dog-faced, a son is not ashamed before his father. What do we have to rely on? Our Father in Heaven.

MISHNAH: When Rabban Joḥanan ben Zakkai died, the splendor of wisdom disappeared. When the elder Rabban Gamliel died, the honor of Torah disappeared, purity and self-discipline died. When Ismael ben Phiabi died, the splendor of priesthood died. When Rebbi died, meekness and fear of sin died. When Rebbi Meїr died, the inventors of parables disappeared. When Rebbi Aqiba died, the preachers disappeared. When Ben Azai died, the perseverers disappeared. When Ben Zoma died, the students disappeared. When Rebbi Joshua died, good disappeared from the world When Rebbi Eleazar ben Azariah died, wealth disappeared from the Sages. When Rabban Gamliel died, locusts came and troubles increased. When Rebbi Ḥanina ben Dosa and Yose the small died, piety disappeared. Why was he called Yose of the small room? For he was the concentrate of pious men. Rebbi Phineas ben Yaїr says, after the Temple was destroyed, fellows and freeborn were ashamed and covered their heads, people of [good] deeds shrivelled, strong-armed people and informers became dominant, nobody explains, nobody desires and nobody asks. On whom can we rely? On our Father in Heaven. The great Rebbi Eliezer says, from the day the Temple was destroyed, the Sages were diminished to be like scribes, the scribes like community servants, the community servants like common people; the common people go and degenerate, nobody desires and nobody asks. On whom can we rely? On our Father in Heaven. On the heels of the Messiah impertinence will grow, inflation will lead, the vine will give its fruit but the wine will be expensive, the government will turn heretic, nobody rebukes, the assembly hall will be a brothel, Galilee will be destroyed and Gaulanitis become deserted, frontier dwellers will move from city to city and nobody will have mercy on them, the wisdom of scholars will be defective, those who fear sin will be despised, truth will be absent, young men will insult Elders, Elders will stand before the young, “a son will abuse his father, a daughter rebel against her mother and a daughter-in-law against her mother-in-law, the enemies of a person are his family”, the generation is dog-faced, a son is not ashamed before his father. What do we have to rely on? Our Father in Heaven.

HALAKHAH: “When Rebbi Eliezer died, the book of wisdom was hidden. When Rebbi Joshua died, good counsel and good deeds disappeared from Israel. When Rebbi Aqiba died, the souces of wisdom disappeared. When Rebbi Eleazar ben Azariah died, wealth disappered from the Sages. When Rebbi Yose died, insight disappeared. When Ben Azai died, the perseverers disappeared. When Ben Zoma died, the preachers disappeared. When Rebbi Joshua died, good disappeared from the world. When Rebbi Ḥanina ben Dosa died, the workers [of wonders] disappeared. When Rebbi Yose the pious and Rebbi Yose the minor died, pious men disappeared. Why is he called minor? For he was the concentrate of the just and the pious. When Rabban Simeon ben Gamliel died, locusts came and troubles increased. When Rebbi died, troubles were doubled.”

Rebbi Eleazar explains the reason given in the Mishnah, that if he has a complaint about virginity he can quickly go to court. A baraita supports Rebbi Eleazar: Since the time of danger they used to marry on Tuesdays and the Sages did not object; about Monday one does not listen to him, but if it was because of a danger it is permitted. What is “because of a danger”? because of sorcery. What is the difference between Monday and Tuesday? One who waits one day cannot be compared to one who waits two days. Why not let him wait two days? That his acquisition should not be sweet for him. Why should his acquisition not be sweet for him? One cannot tolerate it, since Rebbi Hila said in the name of Rebbi Eleazar, if he found the door open, he is forbidden to keep her because she might have been unfaithful. Could we not suspect that she was raped? A rape is public knowledge. And even if you suspect that she was raped, there is no other doubt. There is a doubt whether she was raped or whether she was [willingly] opened. From the words of the Torah one has to be stringent. Rebbi Yose said, if you suspect that she was raped, there are two doubts. There is a doubt whether she was raped or whether she was [willingly] opened; there is a doubt whether it happened after she was preliminarily married or before. From the words of the Torah, with two doubts one has to be lenient.

MISHNAH: If an adult male had sexual relations with an underage girl, or an underage boy with an adult female, or one injured by wood, their ketubot are 200 [zuz], the words of Rebbi Meïr. But the Sages say, the ketubah of one injured by wood is a mina.

It was stated: A claim of non-virginity may be brought within thirty days, the words of Rebbi Meïr. But the Sages say, immediately. Where do we hold? If he copulated, immediately. If he did not copulate, even after a longer delay. But we must deal with the case that it was not spelled out. Rebbi Meïr said, it is credible that a man may hold himself back for thirty days. But the Sages say, a man does not hold himself back even for one day. Rebbi Jeremiah asked: According to Rebbi Meïr, would a man be believed to assert that he held himself back for thirty days in order to make the child of unknown paternity? Let us hear from the following: “If the sister-in-law claims within thirty days that she was not copulated with, one forces him to perform ḥalîṢah with her. After thirty days, one asks him to perform ḥalîṢah with her.” And Rebbi Eleazar said, this is Rebbi Meïr’s. And Rebbi Eleazar said, that refers only to her, but not to her co-wife. As you say there, she is not believed to damage her co-wife, so here, he is not believed to damage his son.

It was stated: A claim of non-virginity may be brought within thirty days, the words of Rebbi Meïr. But the Sages say, immediately. Where do we hold? If he copulated, immediately. If he did not copulate, even after a longer delay. But we must deal with the case that it was not spelled out. Rebbi Meïr said, it is credible that a man may hold himself back for thirty days. But the Sages say, a man does not hold himself back even for one day. Rebbi Jeremiah asked: According to Rebbi Meïr, would a man be believed to assert that he held himself back for thirty days in order to make the child of unknown paternity? Let us hear from the following: “If the sister-in-law claims within thirty days that she was not copulated with, one forces him to perform ḥalîṢah with her. After thirty days, one asks him to perform ḥalîṢah with her.” And Rebbi Eleazar said, this is Rebbi Meïr’s. And Rebbi Eleazar said, that refers only to her, but not to her co-wife. As you say there, she is not believed to damage her co-wife, so here, he is not believed to damage his son.

MISHNAH: If somebody eats at his father-in-law’s in Judea without chaperones cannot claim missing virginity since he is alone with her. Both for an Israel widow as a Cohanim widow the ketubah is a mina. The court of priests collected 400 zuz for a virgin, to which the Sages did not object.

Rebbi Eleazar said to him: Is not the dough widow qualified but her daughter is disqualified? He said to him, whoever declares her to be qualified, declares her daughter to be qualified. Rebbi Jacob bar Aḥa said, did he not say “whoever declares her to be qualified”? This implies that there is another who disqualifies! Who declares qualified? Rebbi Meïr. Who disqualifies? The rabbis. As we have stated: What is qualified dough, anyone about whom there is [no suspicion of descent from] a desecrated, a bastard, or a Gibeonite. Rebbi Meïr says, the daughter of any woman not tainted with one of these is qualified for thepriesthood. But about a family in which a disability had disappeared, Rebbi Meïr says he checks up to four mothers and marries, but the Sages say, he checks forever.

If somebody claimed a mina, the [defendant] denied it, and the [claimant] produced witnesses that the [defendant] owes him 50 [zuz]. The older Rebbi Ḥiyya said, [the defendant] has to swear about the remainder. Rebbi Joḥanan says, he does not have to swear. The older Rebbi Ḥiyya learned it from two who are grabbing a toga, as we have stated there: “Two are grabbing a toga, one says, I found it, and the other says, I found it.” The one who grabs half of it is as if he brought witnesses that that half belongs to him. The other says, “it belongs to me entirely”, and the fact that he grabs half of it is as if he brought witnesses that this half belongs to him. The one who says, “it belongs to me entirely”, swears that not the entire [toga] is the other’s. But he did not hear that Rebbi Hila said in the name of Rebbi Joḥanan that this oath is a rabbinic institution, that a man should not see another in the market and tell him, the toga which you are wearing is mine, come and split your toga with me! Rebbi Abin in the name of Rav: My uncle agrees in the case of a document. How is that? He claimed a mina, the [defendant] denied it, and the [claimant] produced a document that the [defendant] owed him 50 [zuz]. He has only fifty. And Rebbi Yose ben Rebbi Abun said, we can understand it from the following: “‘The amount of … tetradrachmas’ and it was illegible, he owes no less than two. “If it is more, if the lender says five but the borrower says three, Ben Azzay says since he partially agreed to the claim, he has to swear, but the Sages say, what he agreed to is not of the kind which was claimed. Because it was not of the kind which was claimed! Therefore, if it were of the kind which was claimed, he would be obligated. And is it not here that the agreed sum was part of the claim? Everybody agrees that he owes her a mina. But she claimsanother mina from him, to which he does not agree. The burden of proof is on the claimant.

MISHNAH: If one says, this is my signature and that is my colleague’s signature, and the other says, this is my signature and that is my colleague’s signature, they are trustworthy. If each of them says, that ismy signature, each of them needs another with him, the words of Rebbi, but the Sages say, everybody is trustworthy to confirm his own signature.

Rebbi Ze‘ira said: It was stated in Rav’s Ketubot: The words of Rebbi (Eleazar) that he testifies about the document, the words of the Sages that he testifies about the loan’.

It was stated: A person may write down his testimony and testify about it even some years later. Rav Ḥuna said, only if he remembers his testimony. Rebbi Joḥanan said, even if he does not remember his testimony. It turns out that Rav Ḥuna follows Rebbi and Rebbi Joḥanan the Sages.

Rebbi Ḥaggai said that Rebbi Ze‘ira asked: Can one witness testifying orally and one by a document be taken together? Is a single witness on a written document worth anything? Therefore, his question was, if there are two. They managed to confirm the first signature but not the second. Rebbi Mana asked, is one witness on a written document enough to force anybody to swear? Is a single witness on a written document worth anything? Therefore, his question was, if there are two. They managed to confirm the first signature but not the second. Parallel to it: One does not accept testimony from witnesses unless they had seen together. Rebbi Joshua ben Qorḥa says, even if they saw one after the other. Rebbi Jeremiah, Rebbi Samuel bar Rav Isaac, in the name of Rav: The Sages agree with Rebbi Joshua ben Qorḥa for witnesses about primogeniture and rights of possession.

Did we not state: The Sages admit to Rebbi Meïr that one who stole his neighbor’s heave is flogged and has to pay since whoever eats heave is flogged. Did we not state: The Sages admit to Rebbi Meïr that one who stole his neighbor’s fat is flogged and has to pay since whoever eats fat is flogged. Did we not state: The Sages admit to Rebbi Meïr that one who muzzled his neighbor’s cow is flogged and has to pay six qab per cow and four qab for a donkey since whoever muzzles his cow is flogged. Rebbi Yose said, the same holds if death is the penalty. If he stole Temple heave and ate it, he is whipped and has to pay since in any case he caused monetary loss.

Did we not state: The Sages admit to Rebbi Meïr that one who stole his neighbor’s heave is flogged and has to pay since whoever eats heave is flogged. Did we not state: The Sages admit to Rebbi Meïr that one who stole his neighbor’s fat is flogged and has to pay since whoever eats fat is flogged. Did we not state: The Sages admit to Rebbi Meïr that one who muzzled his neighbor’s cow is flogged and has to pay six qab per cow and four qab for a donkey since whoever muzzles his cow is flogged. Rebbi Yose said, the same holds if death is the penalty. If he stole Temple heave and ate it, he is whipped and has to pay since in any case he caused monetary loss.

Did we not state: The Sages admit to Rebbi Meïr that one who stole his neighbor’s heave is flogged and has to pay since whoever eats heave is flogged. Did we not state: The Sages admit to Rebbi Meïr that one who stole his neighbor’s fat is flogged and has to pay since whoever eats fat is flogged. Did we not state: The Sages admit to Rebbi Meïr that one who muzzled his neighbor’s cow is flogged and has to pay six qab per cow and four qab for a donkey since whoever muzzles his cow is flogged. Rebbi Yose said, the same holds if death is the penalty. If he stole Temple heave and ate it, he is whipped and has to pay since in any case he caused monetary loss.

Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: If the father brought witnesses to prove the perjury of the husband’s witnesses; but the father’s witnesses were proven perjurers, is he flogged and pays 100 tetradrachmas by the judgment of three and the witnesses are stoned by the judgment of 23? He said to him, if the father’s witnesses are not proven perjurers, is not the husband flogged and pays 100 tetradrachmas by the judgment of three and the witnesses are stoned by the judgment of 23? Rebbi Ze‘ira is of the opinion that there are two different proceedings. Rebbi Jeremiah in the name of Rebbi Abbahu: There is only one proceeding. A baraita disagrees with Rebbi Abbahu: “To the town’s Elders”, that is a court of three members; “to the gate”, that is a court of 23. He explains it following Rebbi Meïr, since Rebbi Meïr says that he is flogged and pays. There, we have stated: “The seducer, the rapist, and the calumniator [are judged] by three [judges], the words of Rebbi Meïr; but the Sages say, the calumniator by 23 since it is a potential capital case.” Rebbi Mana said, they disagree about the preliminarily married adolescent. Rebbi Meïr says, she loses her ketubah in a court of three and is stoned by a court of 23; but the Sages say, at the same place which sentences her to be stoned she loses her ketubah. But in the case of the calumniator, everybody agrees that by the court in which the witnesses are stoned, the husband is flogged and pays 100 tetradrachmas. Rebbi Yose ben Rebbi Abun said to him, would they differ where it was not stated? But they differ about the calumniator! Rebbi Meïr says, he is flogged and pays 100 tetradrachmas by the judgment of three and the witnesses are stoned by the judgment of 23; but the rabbis say, by the court in which the witnesses are stoned, the husband is flogged and pays 100 tetradrachmas. But by the case of the preliminarily married adolescent, everybody agrees that at the same place which sentences her to be stoned she loses her ketubah. [It turns out that Rebbi Yose ben Rebbi Abun follows Rebbi Ze‘ira and Rebbi Mana [follows] Rebbi Abbahu].

Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: If the father brought witnesses to prove the perjury of the husband’s witnesses; but the father’s witnesses were proven perjurers, is he flogged and pays 100 tetradrachmas by the judgment of three and the witnesses are stoned by the judgment of 23? He said to him, if the father’s witnesses are not proven perjurers, is not the husband flogged and pays 100 tetradrachmas by the judgment of three and the witnesses are stoned by the judgment of 23? Rebbi Ze‘ira is of the opinion that there are two different proceedings. Rebbi Jeremiah in the name of Rebbi Abbahu: There is only one proceeding. A baraita disagrees with Rebbi Abbahu: “To the town’s Elders”, that is a court of three members; “to the gate”, that is a court of 23. He explains it following Rebbi Meïr, since Rebbi Meïr says that he is flogged and pays. There, we have stated: “The seducer, the rapist, and the calumniator [are judged] by three [judges], the words of Rebbi Meïr; but the Sages say, the calumniator by 23 since it is a potential capital case.” Rebbi Mana said, they disagree about the preliminarily married adolescent. Rebbi Meïr says, she loses her ketubah in a court of three and is stoned by a court of 23; but the Sages say, at the same place which sentences her to be stoned she loses her ketubah. But in the case of the calumniator, everybody agrees that by the court in which the witnesses are stoned, the husband is flogged and pays 100 tetradrachmas. Rebbi Yose ben Rebbi Abun said to him, would they differ where it was not stated? But they differ about the calumniator! Rebbi Meïr says, he is flogged and pays 100 tetradrachmas by the judgment of three and the witnesses are stoned by the judgment of 23; but the rabbis say, by the court in which the witnesses are stoned, the husband is flogged and pays 100 tetradrachmas. But by the case of the preliminarily married adolescent, everybody agrees that at the same place which sentences her to be stoned she loses her ketubah. [It turns out that Rebbi Yose ben Rebbi Abun follows Rebbi Ze‘ira and Rebbi Mana [follows] Rebbi Abbahu].

The House of Hillel insist on interpretation of the ketubah. Hillel the Elder explained it, using the vernacular. In Alexandria they were writing that a man there became betrothed to a woman. Another man abducted her from a public place. When this came before the Sages, they intended to declare [the children] as bastards. Hillel the Elder told them, bring your mothers’ ketubah. They brough their mothers’ ketubah. They found written there: “When you enter my house you shall be my wife according to the laws of Moses and the Jews.”

There, we have stated: “Rebbi Joḥanan ben Beroqa says, if he speaks about somebody who is a legal heir, his statements are valid, but about somebody who is not a legal heir, his statements are invalid.” Rebbi Joḥanan said, Ben Beroqa spoke only about a son among sons or a (daughter) son among daughters, not about a daughter and brother or a brother among daughters. Rebbi Yasa in the name of Rebbi Joḥanan: There was a case and Rebbi decided following Rebbi Joḥanan ben Beroqa. Rebbi Ze‘ira, Rebbi Yasa in the name of Rebbi Joḥanan: Rebbi asked Nathan the Babylonian, why did they say that practice follows Rebbi Joḥanan ben Beroqa? Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: What is the reason? He asked Nathan the Babylonian, why did the Sages say that practice follows Rebbi Joḥanan ben Beroqa? Are you not the one who stated “shall inherit”? (He said to him, you stated “shall take”; he came to him). He said to him, there is no “shall inherit” but “shall take”. When he came to his father, he said to him: you disadvantaged Nathan the Bablylonian; there is no “shall take” but “shall inherit”. Rebbi Yose ben Rebbi Abun said, this is what he told him: I made an error in what I taught you; there is no “shall take” but “shall inherit”. Rebbi Ze‘ira said, this is one of the leniencies of the ketubah stipulations. In general, a person can transfer rights only by a document; here even verbally. In general, a person cannot transfer rights to somebody not yet existing; here to the non-existing. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how the rabbis can compare ketubah to inheritance, for inheritance is a biblical law but ketubah is from their words; how can one argue this? Even if you say that ketubah is a biblical law, do they not agree that the stipulations of the ketubah are from their words?

What is a wife and what is a concubine? Rebbi Meïr says, a wife has a ketubah, a concubine has no ketubah. Rebbi Jehudah says, both have a ketubah. A wife has a ketubah and the ketubah stipulations; a concubine has a ketubah but no ketubah stipulations. Rav Jehudah in the name of Rav: These are the opinions of Rebbi Meïr and Rebbi Jehudah. But the words of the Sages: “A man may marry a woman and stipulate with her not to feed her and not to provide for her. Not only that, but that she should feed and provide for him and teach him Torah. It happened that Rebbi Joshua, son of Rebbi Aqiba, married a woman and stipulated with her not to feed her and not to provide for her. Not only that, but that she should feed and provide for him and teach him Torah. But when years of famine came and they distributed the properties among themselves, she started complaining about him to the Sages of Israel. He said to them, for me she is trustworthy more than anybody. She told them, it is true that thus I stipulated with him. [They said to her], nothing comes after acquisition.”

What is a wife and what is a concubine? Rebbi Meïr says, a wife has a ketubah, a concubine has no ketubah. Rebbi Jehudah says, both have a ketubah. A wife has a ketubah and the ketubah stipulations; a concubine has a ketubah but no ketubah stipulations. Rav Jehudah in the name of Rav: These are the opinions of Rebbi Meïr and Rebbi Jehudah. But the words of the Sages: “A man may marry a woman and stipulate with her not to feed her and not to provide for her. Not only that, but that she should feed and provide for him and teach him Torah. It happened that Rebbi Joshua, son of Rebbi Aqiba, married a woman and stipulated with her not to feed her and not to provide for her. Not only that, but that she should feed and provide for him and teach him Torah. But when years of famine came and they distributed the properties among themselves, she started complaining about him to the Sages of Israel. He said to them, for me she is trustworthy more than anybody. She told them, it is true that thus I stipulated with him. [They said to her], nothing comes after acquisition.”

When the time came and they were not definitively married, they eat from his property and [do not] eat heave. If the husbands died, they eat from his property and eat heave. Samuel, the brother of Rebbi Berekhiah, said: Only if the time was up on a Wednesday. What if the time was up on Tuesday or Thursday? Rebbi Ḥama bar Uqba in the name of Rebbi Yose ben Rebbi Ḥanina and Levi: Both say that he is as if the Sages had jailed him. Rebbi Joshua ben Levi said, if the delay is his fault, she is fed from his property.

HALAKHAH: “These are the kinds of work a woman does for her husband,” etc. It was stated: Seven main labors did they enumerate; the rest the Sages did not need to specify.

She has no claim to wine since poor Jewish women do not drink wine. Do rich women drink? Did we not state: It happened that the Sages assigned to Martha bat Boethos two se‘ah of wine every day. How can the court assign wine? Rebbi Ḥiyya bar Ada said, because of “Whoring, wine, and cider will destroy the mind.” But did we not state: ”If she was nursing, one reduces the amount of her work and increases her food”? Rebbi Joshua ben Levi said wine, for it increases the milk. Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi Joḥanan: Also they assigned it for cooking. Nevertheless, she cursed them and said to them, so you should give to your daughters. Rebbi Aḥa said, and we answered her, Amen. Rebbi Eleazar ben Rebbi Ẓadoq said, I should not see consolation if I did not see her collecting barley grains between horses’ hooves at Acco. I quoted about her the verse: “The dainty one among you and the pampered, …” “If you have no experience, most beautiful of women, go following the flock …”. But did we not state: It happened that the Sages assigned to Miryam, the daughter of Simeon ben Gorion, a daily supply of perfume for 500 denar, when she was only waiting for her levir. Nevertheless, she cursed them and said to them, so you should give to your daughters. Rebbi Aḥa said, and we answered her, Amen. Rebbi Eleazar ben Rebbi Ẓadoq said, I should not see consolation if I did not see her bound with her hair to a horse’s tail at Acco. I quoted about her the verse: “The dainty one among you and the pampered, …”.

She has no claim to wine since poor Jewish women do not drink wine. Do rich women drink? Did we not state: It happened that the Sages assigned to Martha bat Boethos two se‘ah of wine every day. How can the court assign wine? Rebbi Ḥiyya bar Ada said, because of “Whoring, wine, and cider will destroy the mind.” But did we not state: ”If she was nursing, one reduces the amount of her work and increases her food”? Rebbi Joshua ben Levi said wine, for it increases the milk. Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi Joḥanan: Also they assigned it for cooking. Nevertheless, she cursed them and said to them, so you should give to your daughters. Rebbi Aḥa said, and we answered her, Amen. Rebbi Eleazar ben Rebbi Ẓadoq said, I should not see consolation if I did not see her collecting barley grains between horses’ hooves at Acco. I quoted about her the verse: “The dainty one among you and the pampered, …” “If you have no experience, most beautiful of women, go following the flock …”. But did we not state: It happened that the Sages assigned to Miryam, the daughter of Simeon ben Gorion, a daily supply of perfume for 500 denar, when she was only waiting for her levir. Nevertheless, she cursed them and said to them, so you should give to your daughters. Rebbi Aḥa said, and we answered her, Amen. Rebbi Eleazar ben Rebbi Ẓadoq said, I should not see consolation if I did not see her bound with her hair to a horse’s tail at Acco. I quoted about her the verse: “The dainty one among you and the pampered, …”.

MISHNAH: If somebody decided on money for his son-in-law and the son-in-law died, the Sages said that he can say, I was ready to give to your brother, but it is impossible for me to give to you.

MISHNAH: If an orphan girl was married off by her mother or her brothers and they wrote her 100 or 50 zuz, after she becomes an adult she can claim from them what is appropriate to be given to her. Rebbi Jehudah says, if he married off his first daughter, the second should be given in the way the first had been given. But the Sages say, sometimes it happens that a person was poor and became rich, or was rich and became poor. But one appraises the property and gives to her

HALAKHAH: “If an orphan girl was married off by her mother or her brothers,” etc. So is the Mishnah: If they married off the first one there should be given. The words of the Sages: ”Sometimes a man marries off his daughter and spends money on her, and sometimes a man marries off his daughter and collects money for her.”

”If somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a tetradrachma. Do not give them more than one šeqel per week, one gives them a šeqel. But for the support of the wife and the daughters, whether he says give or do not give, one gives them a šeqel. It was stated: Rabban Simeon ben Gamliel says, Meïr used to say, if somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a šeqel, and for the remainder they should be provided for by charity. But the Sages say, one takes continuously until the property is used up and after that they should be provided by charity.” Rebbi Yose said, that gives a simple example for Ḥilfai’s question. He said, I shall sit on the river bank and if I cannot extract the teachings of the elder Rebbi Ḥiyya from the Mishnah, throw me into the river. What could he say? “The trustee should execute what he was entrusted with.”

MISHNAH: If somebody performed the preliminary marriage with a woman on condition that she had no obligation of vows on her and it turned out that she had vows to fulfill, she is not preliminarily married. If he married her definitively without inquiry and she had vows to fulfill, she should leave without ketubah. If somebody performed the preliminary marriage with a woman on condition that she had no bodily defects and it turned out that she had bodily defects, she is not preliminarily married. If he married her definitively without inquiry and she had bodily defects, she should leave without ketubah; and all defects which disqualify a priest disqualify a woman. If she had bodily defects, as long as she is in her father’s house, the father has to prove that the defects developed after she was preliminarily married and his field was swamped; once she entered her husband’s domain, the husband has to prove that she had the defects before the preliminary wedding so that his acquisition was in error, the words of Rebbi Meïr. But the Sages say, when was this said? For hidden defects, but he has no claim about visible defects, and if there is a public bathhouse in his town he has no claim for hidden defects since he checks her out through his female relatives.

MISHNAH: The following one forces to divorce: Those smitten with boils, the one afflicted with a polyp, the dung collector, the brass refiner, and the tanner, whether they were in this before they married or they came to it after they married. For all of these says Rebbi Meïr that, even if he contracted with her, she can say “I thought that I could stand it, now I cannot stand it.” But the Sages say, she is forced to stand it except for the one smitten with boils because she causes him consumption. It happened in Sidon that a tanner died who had a brother tanner; there the Sages said, she can say: “I could stand that in your brother, I cannot stand it in you.”

MISHNAH: The following one forces to divorce: Those smitten with boils, the one afflicted with a polyp, the dung collector, the brass refiner, and the tanner, whether they were in this before they married or they came to it after they married. For all of these says Rebbi Meïr that, even if he contracted with her, she can say “I thought that I could stand it, now I cannot stand it.” But the Sages say, she is forced to stand it except for the one smitten with boils because she causes him consumption. It happened in Sidon that a tanner died who had a brother tanner; there the Sages said, she can say: “I could stand that in your brother, I cannot stand it in you.”

MISHNAH: If she inherited money; real estate should be bought with it and he eats its yield. For produce cut from the ground, real estate should be bought and he eats its yield; with produce connected to the ground, Rebbi Meïr says one has to estimate how much the property is worth with produce and how much without, for the difference real estate should be bought and he eats its yield. But the Sages say, standing produce is his, cut it is hers; real estate should be bought from it and he eats its yield.

MISHNAH: If his brother left money, real estate should be bought with it and he eats its yield. For produce cut from the ground, real estate should be bought and he eats its yield; connected to the ground, Rebbi Meïr says one has to estimate how much it is worth with produce and how much without, for the difference real estate should be bought and he eats its yield. But the Sages say, standing produce is his, cut it is up for grabs. If he took possession first, it is his; if she took possession first, real estate should be bought for the proceeds and he eats its yield. If he married her, she is his wife in every respect except that her ketubah is a lien on the property of her first husband.

They asked before Rebbi Joḥanan: Following the Sages, if she died who inherits from her? Those, her brothers, inherit from her.

HALAKHAH: “A widow, whether after preliminary or definitive marriage,” etc. Rebbi Simeon is of the opinion that everything depends on sustenance. If he had agreed to sustain her after preliminary marriage, she may sell without court supervision If he had agreed to sustain her after definitive marriage, she may sell only under court supervision. The words of the Sages? Rebbi Aḥa, Rebbi Ḥinena in the name of Rebbi Joḥanan: A person is concerned for his widow’s dignity whether after preliminary or after definitive marriage.

MISHNAH: If she sold her ketubah entirely or partially, or donated her ketubah to another, entirely or partially, she cannot sell the remainder except under court supervision. But the Sages say, she may sell even four or five times, and may sell for sustenance without court supervision but writes in the document that “I sold for sustenance.” A divorcee may sell only under court supervision.

MISHNAH: All the time she lives in her father’s house, she always can collect her ketubah; if she she lives in her husband’s house, she can collect her ketubah for 25 years, for in 25 years she will have received benefits in the value of her ketubah, the words of Rebbi Meïr who spoke in the name of Rabban Simeon ben Gamliel. But the Sages say, all the time she lives in her husband’s house, she always can collect her ketubah; if she lives in her father’s house, she can collect her ketubah for 25 years. If she died, her heirs can sell her ketubah for up to 25 years.

HALAKHAH: “Admon promulgated seven [rules],” etc. How large is a large estate? Rebbi Ze‘ura, Rav Jehudah in the name of Rav: That there should be twelve months of sustenance for all of them. Samuel heard this and said, this is the opinion of Rabban Gamliel ben Rebbi, but the Sages say, until they reach adulthood or are married. They asked before Rebbi Yose, what did you hear from Rebbi Joḥanan? He said to them, let us explain the words of the Sages by their words! Nathan bar Hoshaia asked before Rebbi Joḥanan, if there was sustenance for twelve months but the estate diminished in value? He answered him, since the heirs started to eat with permission, they continue to eat until the last coin is gone.

HALAKHAH: “Admon promulgated seven [rules],” etc. How large is a large estate? Rebbi Ze‘ura, Rav Jehudah in the name of Rav: That there should be twelve months of sustenance for all of them. Samuel heard this and said, this is the opinion of Rabban Gamliel ben Rebbi, but the Sages say, until they reach adulthood or are married. They asked before Rebbi Yose, what did you hear from Rebbi Joḥanan? He said to them, let us explain the words of the Sages by their words! Nathan bar Hoshaia asked before Rebbi Joḥanan, if there was sustenance for twelve months but the estate diminished in value? He answered him, since the heirs started to eat with permission, they continue to eat until the last coin is gone.

MISHNAH: If somebody sues another for amphoras of oil, and the defendant admits [that he owes him] vessels, Admon says, since he admitted part of the claim he is made to swear, but the Sages say, what he admitted was not of the kind that was claimed. Rabban Simeon ben Gamliel said, I am convinced by Admon’s statement,

MISHNAH: If somebody protests about a field when he himself had signed as a witness, Admon says: “The second one fits me, the first one was harder”; but the Sages say, he lost his right [of appeal]. If he made [the field] a marker for another, he lost his right.

MISHNAH: If somebody went overseas and lost the way to his field, Admon says, he shall go the shortest way but the Sages say, he has to buy a right of access for a hunded minas or fly through the air.

Rebbi Jeremiah said, both Admon and Rebbi Aqiba said the same thing, as we have stated there: “If he sold them to another person, Rebbi Aqiba said, he does not have to buy access, but the Sages say, he has to buy access.” He had not heard that Rebbi Hila said, Rebbi Yasa in the name of Rebbi Joḥanan: They disagree when nothing was mentioned. Where do we hold? If it is obvious that access was included, everybody agrees that he does not have to pay for access. If it is obvious that access was not included, everybody agrees that he has to pay for access. But we must hold that nothing was mentioned. Then Rebbi Aqiba said, he does not have to buy access, but the rabbis say, he has to buy access. But in the case here, even while it is clear that he had access, everybody agrees that he has to pay for access.

MISHNAH: If somebody produces a promissory note on another person who in his turn produces a document that [the creditor] sold him a field, Admon says, “if I really owed you, you should have collected what is yours when you sold me the field;” but the Sages say, that one was smart when he sold him real estate because he can take it as a pledge.

MISHNAH: If two people mutually produced promissory notes of one on the other, Admon says: “If I owed you, how come you borrowed from me?” But the Sages say, each collects the amount of his note.

HALAKHAH: “If two people mutually produced promissory notes of one on the other,” etc. If one borrowed a mina from the other, but the other borrowed from him 200 [zuz]. Rav Huna said, Rav Naḥman bar Jacob and Rab Sheshet disagree. One says, one counts one mina against the other mina, but the other says, each one collects the amount of his note. He who says, one counts one mina against the other mina, learns it from tame oxen who injured one another, where half of the excess damage is paid. He who says, each one collects the amount of his note, learns it from the Sages and Admon. Can the Sages and Admon not agree that one counts one mina against the other mina? Because we have stated: Admon says: “If I owed you, how come you borrowed from me?” Therefore it was necessary to say, each one collects the amount of his note. If the holder of the note of 200 forgave a mina, but the holder of the note of a mina did not forgive. For him who says, one counts one mina against the other mina, already one mina against the other mina was counted. But for him who says, each one collects the amount of his note, then what he forgave he cannot collect but what was not forgiven he can collect. If the note for 200 was written in a document but the loan for a mina was not written. For him who says, one counts one mina against the other mina, already one mina against the other mina was counted. But for him who says, each one collects the amount of his note, the holder of the written note can collect but the recipient of the oral promise cannot collect.

HALAKHAH: “If two people mutually produced promissory notes of one on the other,” etc. If one borrowed a mina from the other, but the other borrowed from him 200 [zuz]. Rav Huna said, Rav Naḥman bar Jacob and Rab Sheshet disagree. One says, one counts one mina against the other mina, but the other says, each one collects the amount of his note. He who says, one counts one mina against the other mina, learns it from tame oxen who injured one another, where half of the excess damage is paid. He who says, each one collects the amount of his note, learns it from the Sages and Admon. Can the Sages and Admon not agree that one counts one mina against the other mina? Because we have stated: Admon says: “If I owed you, how come you borrowed from me?” Therefore it was necessary to say, each one collects the amount of his note. If the holder of the note of 200 forgave a mina, but the holder of the note of a mina did not forgive. For him who says, one counts one mina against the other mina, already one mina against the other mina was counted. But for him who says, each one collects the amount of his note, then what he forgave he cannot collect but what was not forgiven he can collect. If the note for 200 was written in a document but the loan for a mina was not written. For him who says, one counts one mina against the other mina, already one mina against the other mina was counted. But for him who says, each one collects the amount of his note, the holder of the written note can collect but the recipient of the oral promise cannot collect.

HALAKHAH: “Qorbān [shall be] what I shall not eat at your place,” etc. Why did we not state: An oath that I shall eat from you, he is permitted? Only because we stated: “That is more restrictive for oaths than for vows.” We wanted to say about “an oath that I shall not eat of yours,” that the words of the Sages are: he is forbidden. Therefore it was not stated.

MISHNAH: Indeterminate oaths are interpreted restrictively and explicit ones liberally. How is this? If one said, this is for me like salted meat, like libation wine, if his intent was for Heaven, he is forbidden, if for idolatry, he is permitted, if indeterminate he is forbidden. This is for me like a ban, if by a ban for Heaven, he is forbidden, if priest’s, he is permitted, if indeterminate he is forbidden. This is for me like tithe, if animal tithe, he is forbidden, if from grain, he is permitted, if indeterminate he is forbidden. This is for me like heave, if Temple heave, he is forbidden, if heave from the threshing floor, he is permitted, if indeterminate he is forbidden, the words of Rebbi Meїr. But the Sages say, indeterminate heave in Judea is prohibited, in Galilee permitted, since Galileans do not know of Temple heave. Indeterminate bans in Judea are permitted, in Galilee prohibited, since Galileans do not know of priest’s bans.

“But the Sages say, indeterminate heave in Judea is prohibited, in Galilee permitted, since Galileans do not know of Temple heave.” But if they did know it, the indeterminate would be forbidden. “Indeterminate bans in Judea are permitted, in Galilee prohibited, since Galileans do not know of priest’s bans.” But if they did know it, the indeterminate would be permitted. Here you say permitted, but there you say forbidden. Rebbi Eleazar says, these are statements of two Tannaïm. Rebbi Jeremiah said, all is from one Tanna, following the one who said: “indeterminate bans are for the upkeep of the Temple.” But for the one who said, “indeterminate bans are for priests,” even in Galilee they would be permitted. In Galilee where they are used to invoke Akhan’s ban, you have to say forbidden; in Judea where they are not used to invoke Akhan’s ban, you have to say permitted.

MISHNAH: If somebody made a vow of ḥerem and said, I referred the vow only to mariner’s nets, or made a vow of qorbān and said, I referred the vow only to the gifts for kings, or said, my bone is qorbān and said, I referred the vow only to the bone that I keep in my house for purposes of vows, [or said] a qônām that my wife may not have any use from me and said, I referred the vow only to my first wife whom I divorced, all these do not need a question. If they do question, one punishes them and makes it difficult for them, the words of Rebbi Meïr, but the Sages say, one finds for them an opening from another place and teaches them that they should not be flippant about vows.

MISHNAH: Four kinds of vows did the Sages dissolve: Speeding-up vows, exaggeration vows, vows in error, and vows about acts of God. What are speeding-up vows? One who has something to sell says, a qônām that I shall not reduce the price below a tetradrachma, and the other one says, a qônām that I shall not increase my bid to more than a sheqel; both of them intend three denarii. Rebbi Eliezer ben Jacob says, also one who wants by a vow to get his neighbor to eat at his place. If he says to himself: any vow which I make in the future shall be void, [it is void] if he remembers at the moment he makes the vow.

HALAKHAH: “Four kinds of vows did the Sages dissolve,” etc. Do not the Sages permit all kinds of vows? It is written: “Moses spoke to the heads of the tribes.” He referred the paragraph to the heads of the tribes that they should dissolve the people’s vows. Rav Jehudah in the name of Samuel: “He shall not profane his word.” He cannot profane his word; this implies that others can profane his words. Who is that? That is the Sage who dissolves the vow. Ḥananiah the nephew of Rebbi Joshua said, “I swore and I shall keep it.” Sometimes I keep it. Rebbi Joshua said, “What I swore in my rage:” In my rage I swore; I change my mind.

HALAKHAH: “Four kinds of vows did the Sages dissolve,” etc. Do not the Sages permit all kinds of vows? It is written: “Moses spoke to the heads of the tribes.” He referred the paragraph to the heads of the tribes that they should dissolve the people’s vows. Rav Jehudah in the name of Samuel: “He shall not profane his word.” He cannot profane his word; this implies that others can profane his words. Who is that? That is the Sage who dissolves the vow. Ḥananiah the nephew of Rebbi Joshua said, “I swore and I shall keep it.” Sometimes I keep it. Rebbi Joshua said, “What I swore in my rage:” In my rage I swore; I change my mind.

Do the Sages permit all kinds of vows? “Four kinds of vows did the Sages dissolve”! Rebbi Eleazar in the name of the elder Rebbi Ḥiyya: Those do not need the permission of a Sage. Rav and Samuel both say that these need the permission of a Sage. Issy objected: Did we not find an opening for vows from there only? Samuel said to him, bind a rope on it. A Mishnah disagrees with Issy: “This one also can dissolve his vow without asking a Sage.” He explains it, that all vows need an opening from another place but these have their openings in themselves. Rebbi Ze‘ira said, that is, if they do not insist. But if they did insist they need the permission of a Sage. If one did insist but the other did not insist, since this one’s is invalid, the other one’s also should be invalid. A student of Rebbi Ḥiyya bar Julianus said [after] Rebbi Yudan: If one asked a tetradrachma, one was ready to give him three, and another one said a sheqel. (Does he insist?) Since he renounces one denar for this one he may renounce another one for the other one and give it to him for two.

Do the Sages permit all kinds of vows? “Four kinds of vows did the Sages dissolve”! Rebbi Eleazar in the name of the elder Rebbi Ḥiyya: Those do not need the permission of a Sage. Rav and Samuel both say that these need the permission of a Sage. Issy objected: Did we not find an opening for vows from there only? Samuel said to him, bind a rope on it. A Mishnah disagrees with Issy: “This one also can dissolve his vow without asking a Sage.” He explains it, that all vows need an opening from another place but these have their openings in themselves. Rebbi Ze‘ira said, that is, if they do not insist. But if they did insist they need the permission of a Sage. If one did insist but the other did not insist, since this one’s is invalid, the other one’s also should be invalid. A student of Rebbi Ḥiyya bar Julianus said [after] Rebbi Yudan: If one asked a tetradrachma, one was ready to give him three, and another one said a sheqel. (Does he insist?) Since he renounces one denar for this one he may renounce another one for the other one and give it to him for two.

MISHNAH: One who makes a vow away from those who see the sun is also forbidden the blind since he intended only that seen by the sun. One who makes a vow away from those who see the sun is also forbidden the blind since he intended only that seen by the sun. One who makes a vow away from those who will be born is permitted those who are already born. From those who are born, Rebbi Meïr permits even those who will be born, but the Sages say, he intended only those in whose nature it is to be born.

HALAKHAH: “One who makes a vow away from those who will be born,” etc. What is Rebbi Meïr’s reason? “And now your two sons born to you”, and they already were born. What is the Sages’ reason? “Lo, a son is born to the House of David, Josiah his name,” and he was not yet born.

MISHNAH: He should not eat with him from the common pot set before the workers nor work with him in a profession, the words of Rebbi Meïr. But the Sages say, he can work at a distance from him.

It turns out that one disagreement is like an other other disagreement, as it was stated: On the Day of Atonement, one has to detail one’s deeds, the words of Rebbi Jehudah ben Bathyra. Rebbi Aqiba says, one does not have to detail the sin. Some Tannïm state, one has to detail the vow; some Tannïm state, one does not have to detail the vow. A person made a vow not to earn money. He came before Rebbi Yudan bar Shalom. He asked him, what did you forswear to yourself? He said to him, not to earn money. Rebbi Yudan said to him, is there anyone doing that? He said to him, as a gambler. He said, praise to Him Who chose the Torah and the Sages who said, one has to detail the vow.

MISHNAH: What are the institutions of the returnees from Babylonia? For example, the Temple Mount, the courtyards, and the cistern in the middle of the road. What are the institutions of that town? For example, the town square, the bathhouse, the synagogue with the ark and the scrolls. And he writes his part to the Patriarch. Rebbi Jehudah says, one of them writes to the Patriarch and the other to a private person. What is the difference between him who writes to the Patriarch and him who writes to a private person? The one who writes to the Patriarch does not have to perform an act of delivery, the one who writes to a private person has to perform an act of delivery. But the Sages say, in either case one has to perform an act of delivery. Rebbi Jehudah says, the people of Galilee do not have to write since their forefathers already wrote for them.

MISHNAH: If a person who by a vow was forbidden usufruct from another has nothing to eat, the other donates [food] as a gift to a third party and the person is permitted it. It happened in Bet Ḥoron with a person whose father was by a vow forbidden usufruct from him; when he married off his son he said to a friend, here the courtyard and the meal are given to you as a gift and they shall be yours until my father has come and eaten with us at the [wedding] meal. He said to him, if they are mine, they are dedicated to Heaven. He said, I did not give you my property that you should dedicate it to Heaven. He said to him, you gave me your property only that you and your father should eat, drink, and be friendly with one another and let the sin hang on my head. When the case came before the Sages they said, any gift with the proviso that if [the recipient] dedicated, it was not sanctified, is no gift.

“This is the rule Rebbi Simeon declared in the name of Rebbi Joshua: For everything that may become permitted through some action, such as ṭevel, Second Tithe, donations to the Temple, and “new grain”, the Sages did not fix any limits, but a kind with its own is forbidden in the minutest amount, a kind with a different kind if it can be tasted. But for everything that cannot become permitted through any action, such as heave, ḥallah, orlah, and kilaim in a vineyard, the Sages did fix as limit both a kind with itself or with a different kind if it can be tasted.” How do you treat vows? As referring to something that can become permitted or to something that cannot become permitted? It seems reasonable that we treat them as referring to things that can become permitted, as we have stated there “for the Elder uproots the vow from the start.” They said, he only uproots for the future. Certainly a Mishnah treats it as referring to something that cannot become permitted, as we have stated there: “The growth from heave is heave; the growth from their growth is profane. But the growths from ṭevel, First Tithe, aftergrowth of the Sabbatical, heaves from outside the Land, dema‘, and First Fruits are profane as are growths from their growths. Growths from dedicated [seeds] and Second Tithe become profane; one redeems them corresponding to the time of sowing.” We have stated on this: When has this been said? Anything whose seeds disappear. But in produce whose seeds do not disappear, the growth from their growth is forbidden. There is a restriction on growth, as Rebbi Zeïra said in the name of Rebbi Jonathan: An onion of kilaim in a vineyard, taken out of the ground and replanted, stays forbidden even if it grows enormously because growth of something forbidden cannot neutralize the prohibition. But another Mishnah treats it as something that can become permitted, as we have stated there: “For if somebody vowed not to have a certain thing and it became mixed with something else, if it can be tasted it is forbidden.” This explains that it was mixed with another kind, following the rules of something that can become permitted.

“This is the rule Rebbi Simeon declared in the name of Rebbi Joshua: For everything that may become permitted through some action, such as ṭevel, Second Tithe, donations to the Temple, and “new grain”, the Sages did not fix any limits, but a kind with its own is forbidden in the minutest amount, a kind with a different kind if it can be tasted. But for everything that cannot become permitted through any action, such as heave, ḥallah, orlah, and kilaim in a vineyard, the Sages did fix as limit both a kind with itself or with a different kind if it can be tasted.” How do you treat vows? As referring to something that can become permitted or to something that cannot become permitted? It seems reasonable that we treat them as referring to things that can become permitted, as we have stated there “for the Elder uproots the vow from the start.” They said, he only uproots for the future. Certainly a Mishnah treats it as referring to something that cannot become permitted, as we have stated there: “The growth from heave is heave; the growth from their growth is profane. But the growths from ṭevel, First Tithe, aftergrowth of the Sabbatical, heaves from outside the Land, dema‘, and First Fruits are profane as are growths from their growths. Growths from dedicated [seeds] and Second Tithe become profane; one redeems them corresponding to the time of sowing.” We have stated on this: When has this been said? Anything whose seeds disappear. But in produce whose seeds do not disappear, the growth from their growth is forbidden. There is a restriction on growth, as Rebbi Zeïra said in the name of Rebbi Jonathan: An onion of kilaim in a vineyard, taken out of the ground and replanted, stays forbidden even if it grows enormously because growth of something forbidden cannot neutralize the prohibition. But another Mishnah treats it as something that can become permitted, as we have stated there: “For if somebody vowed not to have a certain thing and it became mixed with something else, if it can be tasted it is forbidden.” This explains that it was mixed with another kind, following the rules of something that can become permitted.

MISHNAH: If somebody vows not to eat dates, he is permitted date honey; from winter grapes, he is permitted winter grape vinegar. Rebbi Jehudah ben Bathyra says, if he vowed to forbid to himself anything which is called by the name of its derivative, he also is forbidden the derivative, but the Sages permit it.

HALAKHAH: Rebbi Yasa went to Rebbi Yose who brought roasted lentils out for him, ground them, formed them into a dough with honey, and fried them. He said to him, these are the ašišim mentioned by the Sages.

MISHNAH: One who makes a vow to abstain from flour is forbidden dry Egyptian beans, the words of Rebbi Meїr. But the Sages say, he is forbidden only the Five Kinds. Rebbi Meїr says, one who makes a vow to abstain from produce is forbidden only the Five Kinds but he who makes a vow to abstain from flour is forbidden everything, but permitted tree fruits and vegetables.

MISHNAH: One who vows not to use the house is permitted the upper floor, the words of Rebbi Meïr; but the Sages say that the upper floor is part of the house. One who vows not to use the upper floor is permitted the house.

MISHNAH: One who vows not to use the bed is permitted the couch, the words of Rebbi Meïr, but the Sages say, a couch is included in the notion of bed. One who vows not to use the couch is permitted the bed.

MISHNAH: Rebbi Jehudah says, if one said ‘a qônām that I shall not taste wine until Passover has come’, he is forbidden only until the night of Passover since he intended only until the time everybody drinks wine. If one said, “a qônām that I shall not taste meat until the fast,’ he is forbidden only until the evening before the fast since he intended only until the time everybody eats meat. His son Rebbi Yose said, if one said ‘a qônām that I shall not taste garlic until the Sabbath,’ he is forbidden only until Friday evening, since he intended only until the time everybody eats garlic. If one says to his friend: A qônām that I shall not have any usufruct from you if you do not come and take for your children a kor of wheat and two amphoras of wine, he can undo his vow without referring to a Sage by saying, you did that only to honor me, that is my honor. Similarly, if one says to his friend: A qônām that you shall not have any usufruct from me if you do not come and give to my child a kor of wheat and two amphoras of wine. Rebbi Meïr says, he is forbidden until he gives, but the Sages say, this one also can undo his vow without referring to a Sage by saying, it is as if I received it.

HALAKHAH: Rebbi Ḥiyya in the name of Rebbi Joḥanan: The first case also is in dispute. Rebbi Ze‘ira said, they disagree when it was undetermined. Where do we hold? If each one of them said, because of my honor, everybody agrees that he is forbidden. If one of them said, because of my honor, and the other said, I said it in your honor, everybody agrees he is permitted. But we hold if it is undetermined. Rebbi says, undetermined is as if [every] one said, because of my honor. But the Sages say, undetermined is as if one said, because of my honor, and the other said, I said it in your honor.

MISHNAH: Rebbi Eliezer says, one opens for a man by the honor of his father and mother, but the Sages forbid it. Rebbi Ṣadoq said, before one opens by the honor of his father and mother one should open by the honor of the Omnipresent; then there are no vows. The Sages agree with Rebbi Eliezer that if was a matter between a man and his father and mother, that one opens for him by the honor of his father and mother.

MISHNAH: Rebbi Eliezer says, one opens for a man by the honor of his father and mother, but the Sages forbid it. Rebbi Ṣadoq said, before one opens by the honor of his father and mother one should open by the honor of the Omnipresent; then there are no vows. The Sages agree with Rebbi Eliezer that if was a matter between a man and his father and mother, that one opens for him by the honor of his father and mother.

Rebbi Simeon ben Laqish provided an opening: If you had known that one who makes a vow is as if he put a neck-iron on his neck, would you have made the vow? It is as if a gang of prisoners was passing by, he saw that there was one unused neck-iron and put his head into it! “To bind a prohibition onto himself”, as you say, “he was bound with chains.” Rebbi Jonathan provided an opening: If you had known that one who makes a vow is like one who builds an idolatrous altar and one who continues in it is like one who sacrifices there, would you have made the vow? That is difficult to understand. Idolatry is a capital crime but vows are a simple prohibition; how can you say that? You have only what Rebbi Yannai said, one who listens to his urges is as if he worshipped idols. Rebbi Isaac provided an opening: If you had known that one who makes a vow is like one who takes a sword and sticks it in his heart, would you have made the vow? “Some talk bluntly like sword piercings.” Rebbi Ḥanina from Sepphoris in the name of Rebbi Phineas: It does not say “piercing” but “sword piercings”. 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 transgresses his vow. If he does not eat he sins against himself. What can he do? He goes to a Sage who will dissolve his vow, “but the speech of Sages is healing. Rebbi Eudaimon in the name of Rebbi Isaac: Is it not enough what the Torah forbade you that you want to forbid other things for yourself? “To forbid a prohibition”.

MISHNAH: In addition, Rebbi Eliezer said, one finds an opening in changed circumstances, but the Sages forbid it. How is this? If he said, a qônām that I shall not benefit from Mr. X, who then becomes a public scribe or who marries off his son to one of [the vower’s] relatives, and he said, if I had known that he will become a public scribe or marry off his son to a relative, I would not have vowed; or if he said, a qônām that I shall not enter this house and it was turned into a synagogue and he said, if I had known that it would become a synagogue, I would not have vowed; Rebbi Eliezer permits but the Sages prohibit.

MISHNAH: In addition, Rebbi Eliezer said, one finds an opening in changed circumstances, but the Sages forbid it. How is this? If he said, a qônām that I shall not benefit from Mr. X, who then becomes a public scribe or who marries off his son to one of [the vower’s] relatives, and he said, if I had known that he will become a public scribe or marry off his son to a relative, I would not have vowed; or if he said, a qônām that I shall not enter this house and it was turned into a synagogue and he said, if I had known that it would become a synagogue, I would not have vowed; Rebbi Eliezer permits but the Sages prohibit.

MISHNAH: Rebbi Meïr says, there are things like changed circumstances which are not really changed circumstances, and the Sagesagree with him. How is this? He said, a qônām that I shall not marry this woman for her father is evil, and they told him that he died or that he repented; a qônām that I shall not enter this house because it has a bad dog inside, or a snake; they said to him the dog died, the snake was killed; these there are things like changed circumstances which are not changed circumstances, and the Sages agree with him.

“One does not have to mention if one of them confirmed it.” Come and see; if the father dissolved, it is not dissolved, and you say so? Not on that it was said, but on the following: If the father dissolved his part but the husband did not have time to dissolve before he died, the father dissolves the husband’s part. Rebbi Nathan said, those are the words of the House of Shammai. But the statement of the Sages is that he does not need to dissolve if [the husband] did not confirm it. But if [the husband] confirmed, [the father] cannot void.

MISHNAH: “The way of learned people is that, before his daughter left his house, he told her: ‘Any vows which you had vowed in my house are dissolved’. Similarly, the husband tells her before she enters his domain: ‘Any vows which you had vowed before you enter my domain are dissolved,’ for after she enters his domain he cannot dissolve. An adult girl and one who had waited twelve months and a widow 30 days, Rebbi Eliezer says, since her husband is responsible for her upkeep he may dissolve but the Sages say that the husband dissolves only after she enters his domain.

HALAKHAH: “An adult girl and one who had waited twelve months,” etc. Rebbi Eliezer holds that the matter depends on the support. If he preliminarily married a woman on condition to support her, the husband dissolves for her. If he completely married a woman on condition that he support her, the father dissolves for her. The words of the Sages? Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: The husband never dissolves before she enters his domain.

MISHNAH: If somebody says to his wife, all vows that you might vow from now until I shall return from place X shall be confirmed, he did not say anything; [if he says] they shall be dissolved, Rebbi Eliezer says, they are dissolved, but the Sages say, they are not dissolved. Rebbi Eliezer said, if he can dissolve vows that came under the category of prohibition, should he not be able to dissolve vows that did not yet come under the category of prohibition? They said to him, it says ‘her husband may confirm them and her husband may dissolve them”. What can be confirmed can be dissolved; what cannot be confirmed cannot be dissolved.

Rebbi Joḥanan said, earlier generations were asking, may a man ask about his confirmation? How is that? If his wife made a vow, her husband heard it and did not dissolve for her. It is obvious that he cannot dissolve as a husband. May he dissolve as an Elder? What are we talking about? If it is about vows between him and her, these are vows of himself. But we must talk about vows between her and others. [Is that not a Mishnah? “Not his wife’s vows between her and others!”] Is that not Rebbi Jehudah’s? It was stated in the name of Rebbi Judah; Rebbi Ḥiyya stated it in the name of the Sages.

MISHNAH: ‘I knew that there are vows but I did not know that they can be dissolved.’ ‘I knew that one can dissolve but I did not realize that this was a vow.’ Rebbi Meĩr says, he cannot dissolve, but the Sages say, he can dissolve.

HALAKHAH: “ ‘A qônām that I shall not take any benefit from my father, or your father,” etc. It was stated: Rebbi Nathan says, he cannot dissolve, but the Sages say, he can dissolve. Why can he dissolve? The colleagues say, because of his mortification. Rebbi Ze‘ira and Rebbi Hila say, because of her mortification.

MISHNAH: All substitute names for nazir vows are like nazir vows. If somebody says “I shall be” he is a nazir, “I shall be beautiful”, he is a nazir; naziq,naziaḥ,paziaḥ, he is a nazir. “I shall be like this one”, “I shall tend my hair,” “I shall groom my hair”. “I shall be obligated to grow my hair”, he is a nazir. “I have to bring birds”, Rebbi Meїr says, he is a nazir, but the Sages say, he is not a nazir.

It was stated: “The House of Shammai say, both substitute names and substitutes of substitutes are forbidden. But the House of Hillel say, substitute names are forbidden, substitutes of substitutes are permitted.” What are substitutes of substitutes? Rebbi Abba bar Zavda said, menazaqa,menaziqna,mefaḥazna. Rebbi Yose said, these are not substitutes of substitutes, they are really substitute names, for is somebody who said menadarna not a nazir? But one who says menadarna is like one who said mefaḥazna. Following Rebbi Yose, these are substitutes of substitutes, as we have stated: “I have to bring birds’, Rebbi Meïr says, he is a nazir, but the Sages say, he is not a nazir. “Rebbi Joḥanan said, because of substitutes of substitutes: “Until his hair became mighty as an eagle’s and his fingernails like those of birds.”

“ ‘I have to bring birds’, Rebbi Meïr says, he is a nazir, but the Sages say, he is not a nazir.” Rebbi Joḥanan said, because of substitutes of substitutes: “Until his hair became mighty as an eagle’s and his fingernails like those of birds.” Rebbi Simeon ben Laqish said, because an impure nazir brings birds. Does he bring birds? He brings turtledoves or young pigeons. There are some Tannaïm who state that all pure birds are called צפור, and there are some Tannaïm who state that all birds, whether pure or impure, are called צפור. He who says that all pure birds are called צפור, “you may eat any pure bird.” He who says that all birds, whether pure or impure, are called צפור, “say to any winged bird. “What is the rabbi’s reason? He is like somebody offering birds for the upkeep of the Temple. What is Rebbi Meïr’s reason? He is like somebody offering a reparation sacrifice for the upkeep of the Temple. What is the difference between them? If somebody says, “I take upon myself to bring a reparation sacrifice.” In the opinion of Rebbi Meïr he is a nazir since one cannot bring a reparation sacrifice for the upkeep of the Temple. In the opinion of the rabbis he is a nazir since an impure nazir brings a reparation sacrifice.