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81 occurrences across the corpus
The Mishnah
Rabbi Judah says: [the enclosure may be only] as large as two bet se'ah. They said to him: they only prescribed [the limit of] two beth se’ah for a garden or a karpaf only, but if [the enclosure] was a pen, or sahar, a backyard or courtyard even if it is five or ten bet kor, it is permitted. And it is permitted to remove [the posts] to any [distance] provided one increases the posts.
They may set up an eruv or a shittuf with all kinds [of food] except for water or salt, the words of Rabbi Eliezer. Rabbi Joshua says: a whole loaf of bread is a valid eruv. Even a baking of one se’ah, if it is a broken loaf, may not be used for eruv while a loaf of the size of an issar, provided it is whole, may be used for eruv.
What is the minimum measure [for Shabbat border eruvin]? Food for two meals for each person, for weekdays and not for Shabbat, the words of Rabbi Meir. Rabbi Judah says: for Shabbat and not for weekdays. And both intended to give a leniency. Rabbi Yohanan ben Beroka says: not less than a loaf that is purchased for a pondium when the price of wheat is four se’ah for a sela. Rabbi Shimon says: two thirds of a loaf, when three [loaves] are made from a kav [of wheat]. Half of this loaf is the size prescribed for a leprous house, and half of its half is the size that disqualifies one’s body [from eating terumah].
A courtyard which is less than four cubits: they may not pour out water in it on Shabbat unless they made a trough holding two se’ah from its drainage point downwards, regardless of whether [the trough] was outside or inside, except that if it was outside it is necessary to cover it and if it inside it is not necessary to cover it.
On other days he would take out [the cinders] with a silver coal-pan, and empty it into one of gold, but this day he took them out with a golden coal-pan and in it he brought them [into the Hekhal]. On other days he would take them up with a coal-pan containing four kabs, and empty it into one containing three kabs, but this day he took them out with one containing three kabs, and in it he brought them in. Rabbi Yose says: on other days he would take them out with a coal-pan containing one se’ah, and empty it into one containing three kabs, this day he took them out with one containing three kabs, and in it he brought them in. On other days the pan was heavy, today it was light. On other days its handle was short, today it was long. On other days it was of yellowish gold, today of reddish gold, the words of Rabbi Menahem. On other days he would offer half a mina in the morning and half a mina in the afternoon, today he adds also his two hands full. On other days [the incense] was finely ground, but today it was the most finely ground possible.
The Jerusalem Talmud
About a sick person who had intercourse, Rebbi Ammi said: If he caused it by himself, let him immerse himself and die; if it was forced upon him one does not bother him. Rebbi Ḥaggai in the name of Rebbi Abba bar Zavda: One does not bother him in any case. A sick person who does it habitually needs nine qab, a healthy person who does it habitually needs 40 sĕah. A sick person forced, one does not bother him. A healthy person forced needs nine qab.
Rebbi Mana said: Sometimes they need to be inside four cubits and sometimes they need to be inside ten handbreadths if they are planted ten to a bet se‘ah. How do you understand this? They need to be within four cubits of the fence; the crowns have to be within ten handbreadths of one another if they are planted ten to a bet se‘ah.
Rebbi Mana said: Sometimes they need to be inside four cubits and sometimes they need to be inside ten handbreadths if they are planted ten to a bet se‘ah. How do you understand this? They need to be within four cubits of the fence; the crowns have to be within ten handbreadths of one another if they are planted ten to a bet se‘ah.
What are we dealing with? If they are widely spaced, even the House of Shammai will agree that he gives one peah for all of them. If they are densely planted, the House of Hillel will agree that he gives peah from each single one. But we deal with the case of 10 plants on a bet se’ah. The House of Shammai compare it to widely spaced, the House of Hillel compare it to densely planted ones.
Two poor people entrusted two se’ah of barley to Rebbi Phineas ben Yaïr; he sowed them and harvested them. They came to him and wanted to take their barley. He said to them, bring camels and donkeys to carry their barley.
Also if he is in error it is so. If he thought that two se’ot were due but he owed only one, Rebbi Immi in the name of Rebbi Simeon ben Laqish: That [extra] seah which he separated he gives as heave for another place. But did we not state: “but not for another place”? Explain it if he increased the heave. It is acceptable if he increased the heave, but what about tithes? Rebbi Simeon ben Laqish did not state about tithes. But the reason of Rebbi Simeon ben Laqish must be that, since we say that all the ṭevel is now in his hands, what is the difference between taking from it its own heave or that for another place?
MISHNAH: If somebody’s produce was in a storage bin and he gave a seah to a Levite and a seah to a poor person, one may separate another eight se’ot and eat them, the words of Rebbi Meïr. But the Sages say, he separates only according to the computation.
It was stated: “A smooth stone the size of an olive, or a walnut, or an egg, he may take and cleanse his feet with it. Rebbi Ismael ben Rebbi Yose said in his father’s name: up to a full hand.” Rav Jehudah said, Boetius ben Zenon was sitting and repeating before Rebbi; he said, so we are saying, it is necessary that he sit down and take it in his hand. He told him, everything is permitted except what is formed like a small sack. Rebbi Ila in the name of Rebbi Yannai: it may be like the base of a small mortar of a spice dealer. Rebbi Yose said, they only said, of a spice. But not of spices. Rebbi Ila in the name of Rebbi Simeon ben Laqish: A pebble on which grasses grew he may take and cleanse his feet with it. But if he plucks off from it on the Sabbath he is liable for a purification sacrifice. Rebbi Ḥiyya stated: It is forbidden to cleanse oneself with any potsherd. Rebbi Yose ben Rebbi Abun said, not only potsherds but even handles of amphoras, and anything which was brought into the fire and came out again. Rebbi Yose ben Yose said, a pebble which had been used by another person and water in a volume of less than 40 se’ah one may not use to cleanse himself. Rebbi Ḥanania in the name of Rebbi Mana: It is forbidden to cleanse himself with water which a dog licked. And it was stated so: One cleans himself neither with a dog’s mouth, nor in presence of a dog, nor with water which the dog had licked off, nor with water in a volume of less than 40 se’ah. And if somebody washes in the bath house or washes in a bathtub, it is bad for hemorrhoids. Rebbi Yose ben Rebbi Abun in the name of Rav Ḥuna: Five things were said about a reed blade: One does not use it to slaughter, nor to circumcise, nor to clean teeth with it, nor does one use it to cut meat on the table, nor does one cleanse himself, because an evil spirit resides on it.
It was stated: “A smooth stone the size of an olive, or a walnut, or an egg, he may take and cleanse his feet with it. Rebbi Ismael ben Rebbi Yose said in his father’s name: up to a full hand.” Rav Jehudah said, Boetius ben Zenon was sitting and repeating before Rebbi; he said, so we are saying, it is necessary that he sit down and take it in his hand. He told him, everything is permitted except what is formed like a small sack. Rebbi Ila in the name of Rebbi Yannai: it may be like the base of a small mortar of a spice dealer. Rebbi Yose said, they only said, of a spice. But not of spices. Rebbi Ila in the name of Rebbi Simeon ben Laqish: A pebble on which grasses grew he may take and cleanse his feet with it. But if he plucks off from it on the Sabbath he is liable for a purification sacrifice. Rebbi Ḥiyya stated: It is forbidden to cleanse oneself with any potsherd. Rebbi Yose ben Rebbi Abun said, not only potsherds but even handles of amphoras, and anything which was brought into the fire and came out again. Rebbi Yose ben Yose said, a pebble which had been used by another person and water in a volume of less than 40 se’ah one may not use to cleanse himself. Rebbi Ḥanania in the name of Rebbi Mana: It is forbidden to cleanse himself with water which a dog licked. And it was stated so: One cleans himself neither with a dog’s mouth, nor in presence of a dog, nor with water which the dog had licked off, nor with water in a volume of less than 40 se’ah. And if somebody washes in the bath house or washes in a bathtub, it is bad for hemorrhoids. Rebbi Yose ben Rebbi Abun in the name of Rav Ḥuna: Five things were said about a reed blade: One does not use it to slaughter, nor to circumcise, nor to clean teeth with it, nor does one use it to cut meat on the table, nor does one cleanse himself, because an evil spirit resides on it.
From a rock in the sea higher than ten hand-breadths one transports neither from it to the sea nor from the sea onto it. If it was less than this it is permitted. What is the difference between a rock and a ship? A ship rises and falls; a rock stays in its place. But is it not karmelit? Is it permitted to move on karmelit only four cubits? Rebbi Ila said, it refers to the beginning: “from a rock in the sea higher than ten hand-breadths one moves neither from it to the sea nor from the sea onto it.” If it was higher it becomes like a fence made for agriculture where inside one is permitted to transport only four cubits. If it was lower one transports from it to the sea and from the sea onto it, and one transports up to two bet se’ah. Rebbi Abun bar Ḥiyya asked, two adjacent karmeliot, may one transport from one to the other? Rebbi Ḥananiah the son of Rebbi Hillel said, since the sea surrounds it from all sides it is considered as a single karmelit.
HALAKHAH: “An alley which is higher than twenty,” etc. Rebbi Yose said it without attribution, Rebbi Aḥa in the name of Rav: The rabbis inferred it from the door of the Sanctuary, but Rebbi Jehudah inferred it from the door of the Hall. An argument from the door of the Hall is sufficient only up to forty cubits, as we have stated there: “The door of the Hall was forty cubits high and twenty cubits wide.” Rebbi Ḥiyya stated, even forty or fifty cubits; Bar Qappara stated, even a hundred cubits. Rebbi Abin said, Rebbi Jehudah follows his opinion and the rabbis follow their opinion, as we have stated there, “and similarly one carries under panelled bridges on the Sabbath, the words of Rebbi Jehudah, but the Sages forbid it.” As you are saying there, one considers the cross-beam as if it came down and closed, here also one considers the roof as if it came down and closed. This is the opinion of Rebbi Jehudah in the case of a sukkah, this is his opinion in the case of an alley. Also the opinion of the rabbis in the case of a sukkah is their opinion in the case of an alley. But they do not compare. There are items qualified for a sukkah which are disqualified for an alley and those qualified for an alley but disqualified for a sukkah. Double pointed stakes are qualified for a sukkah but disqualified for an alley, and it was stated thus: If he brought four double pointed stakes and thatched over them it is qualified as a sukkah but disqualified for an alley. That is, if they are higher by more than three [hand-breadths] than the walls of the alley. But if they are not higher by more than three [hand-breadths] than the walls of the alley it is qualified. If they are not, but if they are four [hand-breadths] wide they are qualified even if arbitrarily high. Walls may be qualified for a sukkah but disqualified for an alley, and it was stated thus: “Two regular and the third even one hand-breadth is qualified.” Rebbi Ḥiyya in the name of Rebbi Joḥanan: Two of four hand-breadths each and the third even one hand-breadth is qualified. But for an alley only if it is closed in its four directions. Wider than ten cubits is qualified for a sukkah but disqualified for an alley. “If he drew a vine or squash.” That means, up to an area of two bet se’ah. But more than an area of two bet se’ah it is a partition made for agriculture where one may transport only four cubits. If its sunshine is more than its shadow it is disqualified as sukkah but qualified for an alley. A roofed sukkah is disqualified, a roofed alley is qualified. Rebbi Immi in the name of Rav Oshaia: Not only roofed, but if he put there a cross beam four hand-breadths wide, it makes the alley permitted.
HALAKHAH: “An alley which is higher than twenty,” etc. Rebbi Yose said it without attribution, Rebbi Aḥa in the name of Rav: The rabbis inferred it from the door of the Sanctuary, but Rebbi Jehudah inferred it from the door of the Hall. An argument from the door of the Hall is sufficient only up to forty cubits, as we have stated there: “The door of the Hall was forty cubits high and twenty cubits wide.” Rebbi Ḥiyya stated, even forty or fifty cubits; Bar Qappara stated, even a hundred cubits. Rebbi Abin said, Rebbi Jehudah follows his opinion and the rabbis follow their opinion, as we have stated there, “and similarly one carries under panelled bridges on the Sabbath, the words of Rebbi Jehudah, but the Sages forbid it.” As you are saying there, one considers the cross-beam as if it came down and closed, here also one considers the roof as if it came down and closed. This is the opinion of Rebbi Jehudah in the case of a sukkah, this is his opinion in the case of an alley. Also the opinion of the rabbis in the case of a sukkah is their opinion in the case of an alley. But they do not compare. There are items qualified for a sukkah which are disqualified for an alley and those qualified for an alley but disqualified for a sukkah. Double pointed stakes are qualified for a sukkah but disqualified for an alley, and it was stated thus: If he brought four double pointed stakes and thatched over them it is qualified as a sukkah but disqualified for an alley. That is, if they are higher by more than three [hand-breadths] than the walls of the alley. But if they are not higher by more than three [hand-breadths] than the walls of the alley it is qualified. If they are not, but if they are four [hand-breadths] wide they are qualified even if arbitrarily high. Walls may be qualified for a sukkah but disqualified for an alley, and it was stated thus: “Two regular and the third even one hand-breadth is qualified.” Rebbi Ḥiyya in the name of Rebbi Joḥanan: Two of four hand-breadths each and the third even one hand-breadth is qualified. But for an alley only if it is closed in its four directions. Wider than ten cubits is qualified for a sukkah but disqualified for an alley. “If he drew a vine or squash.” That means, up to an area of two bet se’ah. But more than an area of two bet se’ah it is a partition made for agriculture where one may transport only four cubits. If its sunshine is more than its shadow it is disqualified as sukkah but qualified for an alley. A roofed sukkah is disqualified, a roofed alley is qualified. Rebbi Immi in the name of Rav Oshaia: Not only roofed, but if he put there a cross beam four hand-breadths wide, it makes the alley permitted.
HALAKHAH: “One surrounds with sticks, on condition,” etc. One surrounds with sticks for a caravan, the words of Rebbi Jehudah. This implies that an individual needs woof and warp. So Rebbi Jehudah differentiates between an individual and a caravan; do the rabbis not differentiate between an individual and a caravan? Let us hear from the following: “If a caravan rested on a hill ten [hand-breadths] high, or in a depression ten [hand-breadths] deep, or in a garden fenced in by a stone wall, one carries in it even if it is a kor or two kor, (one carries in it up to two bet se’ah), on condition that they do not leave an area of two bet se’ah unoccupied.” Rebbi Aḥa in the name of Rebbi Ḥinena: even with camel saddles, even with tubs. The word of Rav Huna implies, only by humans. For Rebbi Abba said in the name of Rav Ḥuna, to one or two one gives two bet se’ah, to three one gives six bet se’ah, from there on by proportion.
HALAKHAH: “One surrounds with sticks, on condition,” etc. One surrounds with sticks for a caravan, the words of Rebbi Jehudah. This implies that an individual needs woof and warp. So Rebbi Jehudah differentiates between an individual and a caravan; do the rabbis not differentiate between an individual and a caravan? Let us hear from the following: “If a caravan rested on a hill ten [hand-breadths] high, or in a depression ten [hand-breadths] deep, or in a garden fenced in by a stone wall, one carries in it even if it is a kor or two kor, (one carries in it up to two bet se’ah), on condition that they do not leave an area of two bet se’ah unoccupied.” Rebbi Aḥa in the name of Rebbi Ḥinena: even with camel saddles, even with tubs. The word of Rav Huna implies, only by humans. For Rebbi Abba said in the name of Rav Ḥuna, to one or two one gives two bet se’ah, to three one gives six bet se’ah, from there on by proportion.
HALAKHAH: “One surrounds with sticks, on condition,” etc. One surrounds with sticks for a caravan, the words of Rebbi Jehudah. This implies that an individual needs woof and warp. So Rebbi Jehudah differentiates between an individual and a caravan; do the rabbis not differentiate between an individual and a caravan? Let us hear from the following: “If a caravan rested on a hill ten [hand-breadths] high, or in a depression ten [hand-breadths] deep, or in a garden fenced in by a stone wall, one carries in it even if it is a kor or two kor, (one carries in it up to two bet se’ah), on condition that they do not leave an area of two bet se’ah unoccupied.” Rebbi Aḥa in the name of Rebbi Ḥinena: even with camel saddles, even with tubs. The word of Rav Huna implies, only by humans. For Rebbi Abba said in the name of Rav Ḥuna, to one or two one gives two bet se’ah, to three one gives six bet se’ah, from there on by proportion.
HALAKHAH: “One surrounds with sticks, on condition,” etc. One surrounds with sticks for a caravan, the words of Rebbi Jehudah. This implies that an individual needs woof and warp. So Rebbi Jehudah differentiates between an individual and a caravan; do the rabbis not differentiate between an individual and a caravan? Let us hear from the following: “If a caravan rested on a hill ten [hand-breadths] high, or in a depression ten [hand-breadths] deep, or in a garden fenced in by a stone wall, one carries in it even if it is a kor or two kor, (one carries in it up to two bet se’ah), on condition that they do not leave an area of two bet se’ah unoccupied.” Rebbi Aḥa in the name of Rebbi Ḥinena: even with camel saddles, even with tubs. The word of Rav Huna implies, only by humans. For Rebbi Abba said in the name of Rav Ḥuna, to one or two one gives two bet se’ah, to three one gives six bet se’ah, from there on by proportion.
A caravan is no less than three people. The Gentile does not complement a caravan. Does an underage person complement a caravan? How is this? If there were two and they established one eruv, and a Gentile came and added; the Sabbath already had started in prohibition. If there were three but they established two eruvim and a Gentile came and opened; the Sabbath already had started in permission. Rebbi Redifa said that Rebbi Nisa asked, may they have three ox heads so that each of them may enter the two se’ah of another?
Rebbi Aḥa in the name of Rav Ḥasdai: Rebbi Yose ben Rebbi Jehudah follows the argument of his father and disagrees with his father. The argument of his father, about an individual more than two bet se’ah. And disagrees with his father, about a caravan less than two bet se’ah Did we not hear that Rebbi Jehudah said, an individual for more than two bet se’ah needs woof and warp? Let us hear from the following, that Rebbi Aḥa the Tanna, Rebbi Ḥanin, Rebbi Yose in the name of Rav Sheshet: Just as they differ here so they are differing about kilaim. And in Kilaim not even if it is a bet rova?
Rebbi Aḥa in the name of Rav Ḥasdai: Rebbi Yose ben Rebbi Jehudah follows the argument of his father and disagrees with his father. The argument of his father, about an individual more than two bet se’ah. And disagrees with his father, about a caravan less than two bet se’ah Did we not hear that Rebbi Jehudah said, an individual for more than two bet se’ah needs woof and warp? Let us hear from the following, that Rebbi Aḥa the Tanna, Rebbi Ḥanin, Rebbi Yose in the name of Rav Sheshet: Just as they differ here so they are differing about kilaim. And in Kilaim not even if it is a bet rova?
Rebbi Aḥa in the name of Rav Ḥasdai: Rebbi Yose ben Rebbi Jehudah follows the argument of his father and disagrees with his father. The argument of his father, about an individual more than two bet se’ah. And disagrees with his father, about a caravan less than two bet se’ah Did we not hear that Rebbi Jehudah said, an individual for more than two bet se’ah needs woof and warp? Let us hear from the following, that Rebbi Aḥa the Tanna, Rebbi Ḥanin, Rebbi Yose in the name of Rav Sheshet: Just as they differ here so they are differing about kilaim. And in Kilaim not even if it is a bet rova?
A wall, and a tree, and a copse of reeds are counted as double columns. If they grew by themselves one may carry there up to an area of two bet se’ah. If he planted them with his hands one may carry there even one or two bet kor. If there was one large well and he made [the double columns] for one half but not for the other half. For the half for which he made it it is permitted, for the half for which he did not make it it is forbidden. If there were two, could the space in-between be considered for both sides? What is his problem? If both were used to fill; but if only one was used to fill it is usable for both sides.
MISHNAH: Rebbi Jehudah says, up to two bet se’ah. They said to him, two bet se’ah were said only for a garden patch and a corral. But if there was a sheep-pen, or a sheep corral, or a backyard, or a front yard, even five bet kor, even ten bet kor are permitted and it is permitted to put them arbitrarily far away on condition to add planks.
MISHNAH: Rebbi Jehudah says, up to two bet se’ah. They said to him, two bet se’ah were said only for a garden patch and a corral. But if there was a sheep-pen, or a sheep corral, or a backyard, or a front yard, even five bet kor, even ten bet kor are permitted and it is permitted to put them arbitrarily far away on condition to add planks.
HALAKHAH: According to Rebbi Jehudah, is the well included in the measure of two [bet] se’ah? Let us hear from the following: If a well is two bet se’ah one may not go farther away than for the head and most of the body of a cow. This implies that the well is included in the measure of two [bet] se’ah.
HALAKHAH: According to Rebbi Jehudah, is the well included in the measure of two [bet] se’ah? Let us hear from the following: If a well is two bet se’ah one may not go farther away than for the head and most of the body of a cow. This implies that the well is included in the measure of two [bet] se’ah.
HALAKHAH: According to Rebbi Jehudah, is the well included in the measure of two [bet] se’ah? Let us hear from the following: If a well is two bet se’ah one may not go farther away than for the head and most of the body of a cow. This implies that the well is included in the measure of two [bet] se’ah.
HALAKHAH: Paragraph. “Rebbi Jehudah says, up to two bet se’ah,” etc. Rebbi Joḥanan said, the argument of Rebbi Jehudah is inverted, as we have stated there: “And similarly one carries under panelled bridges on the Sabbath, the words of Rebbi Jehudah, but the Sages forbid it”. Rebbi Eleazar said, it is not inverted. Rebbi Jeremiah said, for he is of Rav Jehudah’s opinion, as Rav Jehudah said, that is if it is open to a domain of difficult access. But if it was open to the public domain it is forbidden. Rebbi Yose said, everywhere Rebbi Eleazar seeks support from the Elder Rebbi Ḥiyya. Rebbi Ḥiyya stated, how does one permit public domain? Rebbi Jehudah says, a lath on each side or a beam at each side but the Sages say a lath and a beam on one side and he shall make a door frame on the other side. And here he says so? Here about ten [cubits], there about thirteen. The words of the rabbis disagree. Rebbi Aḥa said, Rav Hoshaia asked my father, how large can the breach of an alley be in the opinion of Rebbi Jehudah? And he told him, thirteen [cubits]. And here he says so? The Rabbis of Caesarea say, there what is standing is more than what is breached but here what is breached is more than what is standing.
In a corral which covers two bet se’ah one is permitted only to carry a distance of four cubits. If there were two, each one a bet se’ah minus four cubits; Rebbi Zeˋira in the name of Rebbi Joḥanan: one carries in the second as complement of the first. Rebbi La in the name of Rebbi Joḥanan, one may not carry in the second as complement of the first. Rebbi Zeˋira said, Rebbi La agrees that if there were three. Each of the three a bet se’ah, one agrees that one carries in the second as complement of the first.
In a corral which covers two bet se’ah one is permitted only to carry a distance of four cubits. If there were two, each one a bet se’ah minus four cubits; Rebbi Zeˋira in the name of Rebbi Joḥanan: one carries in the second as complement of the first. Rebbi La in the name of Rebbi Joḥanan, one may not carry in the second as complement of the first. Rebbi Zeˋira said, Rebbi La agrees that if there were three. Each of the three a bet se’ah, one agrees that one carries in the second as complement of the first.
In a corral which covers two bet se’ah one is permitted only to carry a distance of four cubits. If there were two, each one a bet se’ah minus four cubits; Rebbi Zeˋira in the name of Rebbi Joḥanan: one carries in the second as complement of the first. Rebbi La in the name of Rebbi Joḥanan, one may not carry in the second as complement of the first. Rebbi Zeˋira said, Rebbi La agrees that if there were three. Each of the three a bet se’ah, one agrees that one carries in the second as complement of the first.
A corral which covers up to two bet se’ah. Rebbi Abbahu said, since it can be permitted by a caravan, if somebody threw from the public domain into it he is liable. Rebbi Samuel bar Rav Isaac asked, (not after it was permitted) [if it was chosen by] the caravan it becomes forbidden in a prohibition; therefore here is no liability for a purification sacrifice. By the same argument, an alley whose beam is higher than twenty cubits since it is qualified in the opinion of Rebbi Jehudah (more than thirteen), if somebody threw from the public domain into it would he be liable? An alley which was breached more than ten [cubits], since a breach of an alley in the opinion of Rebbi Jehudah is more than thirteen, if somebody threw from the public domain into it would he be liable?
HALAKHAH: Paragraph. “Once they only entered the port,” etc. Rabban Gamliel had a telescope where he could estimate with his eyes in the plane. And why before nightfall? Even after nightfall; is this not Rabban Gamliel’s? Explain it if the port was larger than two bet se’ah, or the walls were not ten [hand-breadths] high but were not open wider than ten [cubits] nor what was standing was opposite what was standing and what was breached opposite the breached.
Rebbi Aḥa in the name of Rav Ḥinena: If the roof of the cave was 4’000 cubits he walks in its entirety and outside it 2’000 cubits, on top of a wall it is unlimited. If the roof of the cave was 6’000 cubits he walks in its entirety and outside it 2’000 cubits by the help of nibariot. What about tops of roofs? Rebbi Yose in the name of Rebbi Jacob bar Aḥa, Rebbi Aeneas bar Pazi in the name of Rebbi Jehudah, Rebbi Aḥa brings it in the name of Samuel. On top of the roofs one carries even a kor, even two kor. Rebbi Meïr said, one carries up to two bet se’ah. Rebbi Yose ben Rebbi Abun said, the word of Rav disagrees with him, as we have stated there: “All roofs of a city form a single domain.” Samuel said, up to two bet se’ah. Rav said, one carries there even a kor, even two kor. It is the same for tops of roofs and tops of ships.
Rebbi Aḥa in the name of Rav Ḥinena: If the roof of the cave was 4’000 cubits he walks in its entirety and outside it 2’000 cubits, on top of a wall it is unlimited. If the roof of the cave was 6’000 cubits he walks in its entirety and outside it 2’000 cubits by the help of nibariot. What about tops of roofs? Rebbi Yose in the name of Rebbi Jacob bar Aḥa, Rebbi Aeneas bar Pazi in the name of Rebbi Jehudah, Rebbi Aḥa brings it in the name of Samuel. On top of the roofs one carries even a kor, even two kor. Rebbi Meïr said, one carries up to two bet se’ah. Rebbi Yose ben Rebbi Abun said, the word of Rav disagrees with him, as we have stated there: “All roofs of a city form a single domain.” Samuel said, up to two bet se’ah. Rav said, one carries there even a kor, even two kor. It is the same for tops of roofs and tops of ships.
HALAKHAH: Paragraph. “Brothers sharing property who were eating at their father’s table,” etc. Where is the main dwelling? Rebbi Jonah said, Rav and Samuel disagreed. One said, at the place of their bread, but the other said, at the place of sleeping. We did not know who said what but since Samuel said, higher than ten [hand-breadths] is rabbinically forbidden, he must say, at the place of their bread. The Mishnah disagrees with Samuel, “Brothers who were eating”. Rav Ḥiyya bar Ashi in the name of Rav: The Mishnah is if they are sustained by their father. In any case, are they not partners in what they are eating? Rebbi Abba said, Rebbi Samuel explained to me that their father gives them property rights only for what they are eating. Then even if the eruv does not come to them? They treated it as a house where they deposited the eruv. Samuel said, he and his sons and the people of his house make an eruv with one loaf. Does he disagree? There he says, at the place of their bread, and here he says so? He explains it if two persons were partners in it. This is similar to what Rebbi Aḥawa bar Rebbi Ze`ira said, one may make an eruv with half a loaf. But we have stated: “Even if it was baked from a se’ah and was sliced one may not use it for eruv”, and you are saying so? He explains it if two persons were partners in it.
They asked before Rebbi Abba: Concerning what you are saying about a window between two courtyards, is it the same for a window between two houses? He told them, yes. Is it the same for a window between two roofs? He told them, yes. May one make an eruv across skylights? Rebbi Abba Mari said, it is a disagreement between Rav and Samuel, as we have stated there: “All roofs of a city are one domain.” Samuel said, up to two bet se’ah; Rav said, one may move inside them even a kor, even two kor.
MISHNAH: Anything and participation except water and salt, the words of Rebbi Eliezer. Rebbi Joshua says, an eruv is a loaf of bread. Even if a se’ah was baked but is sliced one may not use it for eruv; a loaf the size of an as which is complete may be used for eruv. A person may give an obolus to a grocer or a baker to acquire part in his eruv, the words of Rebbi Eliezer. But the Sages say, his money did not acquire for him. They agree for anybody else that his money does acquire for him, because one makes an eruv for a person only with his agreement. Rebbi Jehudah explained, when has this been said? For eruv of domains, but eruvin of courtyards one makes with or without his agreement since one may give benefits to a person in his absence but impose obligations on him only in his presence.
HALAKHAH: Paragraph. They estimated (the place of) what a person uses is two se’ah and four cubits absorb two se’ah. If the sump sprung a hole, there are Tannaïm who state that one does not have to plug; there are Tannaïm who state that one has to plug. If the sump was full, there are Tannaïm who state that one has to empty, there are Tannaïm who state that one does not have to. Rebbi Mana said, it is one Tanna. He who says that one has to plug forbids to pour out, he who says that one does not have to plug permits to pour out. Rehhi Ḥiyya bar Marius said to Rebbi Mana: So said your father Rebbi Jonah, thinking about it: If it is sloping inside, even more than ten is permitted; outside even less than ten is permitted. What we are dealing with if it is level.
HALAKHAH: Paragraph. They estimated (the place of) what a person uses is two se’ah and four cubits absorb two se’ah. If the sump sprung a hole, there are Tannaïm who state that one does not have to plug; there are Tannaïm who state that one has to plug. If the sump was full, there are Tannaïm who state that one has to empty, there are Tannaïm who state that one does not have to. Rebbi Mana said, it is one Tanna. He who says that one has to plug forbids to pour out, he who says that one does not have to plug permits to pour out. Rehhi Ḥiyya bar Marius said to Rebbi Mana: So said your father Rebbi Jonah, thinking about it: If it is sloping inside, even more than ten is permitted; outside even less than ten is permitted. What we are dealing with if it is level.
HALAKHAH: “All rooftops of a town form one domain,” etc. Rebbi Yose ben Rebbi Abun said, Rav and Samuel disagree. Samuel said, up to two bet se’ah. Rav said, one carries there even a kor, even two kor. They wanted to say, where do Rebbi Meïr and the rabbis disagree? If they made an eruv. But if they did not have to make an eruv, he explains it if all [houses] were the property of one person. Our Mishnah if all of them were climbing up either on a Tyrian or an Egyptian ladder. But if all were climbing up using an Egyptian ladder except for one using a Tyrian, the Tyrian becomes a door and the remaining ones are as if climbing up and climbing down.
Paragraph. The rabbis of Caesarea in the name of Rebbi Yose ben Rebbi Abun: It follows that Samuel and Rav both disagree with the opinion of Rebbi Joḥanan, as we have stated: “All rooftops of a town form one domain.” Samuel said, up to two bet se’ah. Rav said, one carries there even a kor, even two kor.
HALAKHAH: Only it should be no larger than two bet se’ah, or the walls ten [hand-breadths] high, nor the opening wider than ten [cubits], nor what was standing was opposite what was standing and what was breached opposite the breached.
“When Israel returned from the Babylonian exile they gave as Temple tax darics,” denars, “they continued to give sela`im,” as their meaning, “they continued to give minted coins,” half tetradrachmas, they wanted to give denars,” quarters, but these were not accepted by the following: and we accepted for us as commandment to give a sheqel three times in the year for the service in our God’s House. Rebbi Ḥilkiah in the name of Rebbi Aḥa: From here that a person has to give his sheqel three times a year; <from here that a person is responsible for the alienation of his sheqel three times a year;> from here that one does not importune people more than three times a year. Rebbi Abbin said, from here the three se`ah, from here the three boxes, from here the three collection times.
HALAKHAH: “An alley which is higher than twenty,” etc. Rebbi Yose said it without attribution, Rebbi Aḥa in the name of Rav: The rabbis inferred it from the door of the Sanctuary, but Rebbi Jehudah inferred it from the door of the Hall. An argument from the door of the Hall is sufficient only up to forty cubits, as we have stated there: “The door of the Hall was forty cubits high and twenty cubits wide.” Rebbi Ḥiyya stated, even forty or fifty cubits; Bar Qappara stated, even a hundred cubits. Rebbi Abin said, Rebbi Jehudah follows his opinion and the rabbis follow their opinion, as we have stated there, “and similarly one carries under panelled bridges on the Sabbath, the words of Rebbi Jehudah, but the Sages forbid it.” As you are saying there, one considers the roof as if it came down and closed, here also one considers the cross-beam as if it came down and closed. This is the opinion of Rebbi Jehudah in the case of a sukkah, this is his opinion in the case of an alley. Also the opinion of the rabbis in the case of a sukkah is their opinion in the case of an alley. But they are not comparable. There are items qualified for a sukkah which are disqualified for an alley and those qualified for an alley but disqualified for a sukkah. Double pointed poles are qualified for a sukkah but disqualified for an alley, and it was stated thus: If he brought four double pointed stakes and thatched over them it is qualified as a sukkah but disqualified for an alley. That is, if they are higher by more than three {hand-breadths} than the walls of the alley. But if they are not higher by more than three {hand-breadths} than the walls of the alley it is qualified. If they are not, but if they are four [hand-breadths] wide they are qualified even if arbitrarily high. Walls may be qualified for a sukkah but disqualified for an alley, and it was stated thus: “Two regular and the third even one hand-breadth is qualified.” Rebbi Ḥiyya in the name of Rebbi Joḥanan: Two of four hand-breadths each and the third even one hand-breadth is qualified. But for an alley only if it is closed in its four directions. Wider than ten cubits is qualified for a sukkah but disqualified for an alley. “If he drew a vine, or squash, or ivy, and used it as roofing it is disqualified.” That means, up to an area of two bet se’ah. But more than an area of two bet se’ah it is a partition made for agriculture where one may transport only four cubits. If its sunshine is more than its shade it is disqualified as sukkah but qualified for an alley. A roofed sukkah is disqualified, a roofed alley is qualified. Rebbi Immi in the name of Rebbi Hoshaia: Not only roofed, but if he put there a cross beam four hand-breadths wide, it makes the alley permitted.
HALAKHAH: “An alley which is higher than twenty,” etc. Rebbi Yose said it without attribution, Rebbi Aḥa in the name of Rav: The rabbis inferred it from the door of the Sanctuary, but Rebbi Jehudah inferred it from the door of the Hall. An argument from the door of the Hall is sufficient only up to forty cubits, as we have stated there: “The door of the Hall was forty cubits high and twenty cubits wide.” Rebbi Ḥiyya stated, even forty or fifty cubits; Bar Qappara stated, even a hundred cubits. Rebbi Abin said, Rebbi Jehudah follows his opinion and the rabbis follow their opinion, as we have stated there, “and similarly one carries under panelled bridges on the Sabbath, the words of Rebbi Jehudah, but the Sages forbid it.” As you are saying there, one considers the roof as if it came down and closed, here also one considers the cross-beam as if it came down and closed. This is the opinion of Rebbi Jehudah in the case of a sukkah, this is his opinion in the case of an alley. Also the opinion of the rabbis in the case of a sukkah is their opinion in the case of an alley. But they are not comparable. There are items qualified for a sukkah which are disqualified for an alley and those qualified for an alley but disqualified for a sukkah. Double pointed poles are qualified for a sukkah but disqualified for an alley, and it was stated thus: If he brought four double pointed stakes and thatched over them it is qualified as a sukkah but disqualified for an alley. That is, if they are higher by more than three {hand-breadths} than the walls of the alley. But if they are not higher by more than three {hand-breadths} than the walls of the alley it is qualified. If they are not, but if they are four [hand-breadths] wide they are qualified even if arbitrarily high. Walls may be qualified for a sukkah but disqualified for an alley, and it was stated thus: “Two regular and the third even one hand-breadth is qualified.” Rebbi Ḥiyya in the name of Rebbi Joḥanan: Two of four hand-breadths each and the third even one hand-breadth is qualified. But for an alley only if it is closed in its four directions. Wider than ten cubits is qualified for a sukkah but disqualified for an alley. “If he drew a vine, or squash, or ivy, and used it as roofing it is disqualified.” That means, up to an area of two bet se’ah. But more than an area of two bet se’ah it is a partition made for agriculture where one may transport only four cubits. If its sunshine is more than its shade it is disqualified as sukkah but qualified for an alley. A roofed sukkah is disqualified, a roofed alley is qualified. Rebbi Immi in the name of Rebbi Hoshaia: Not only roofed, but if he put there a cross beam four hand-breadths wide, it makes the alley permitted.
Rebbi Ḥanina ben Rebbi Abbahu said, in the book of Rebbi Meïr they found: a saying about Duma, “a saying about Domae, to me He called from Seïr. Rebbi Joḥanan said, He called to me because of Seïr. Rebbi Simeon ben Laqish said, from where was He inimical to me, from Seïr. Rebbi Joshua ben Levi said, if a person asks you, where is your God? Tell him, in the great fortification at Rome. What is the reason? To me He called from Seïr.
Rebbi Ḥanina ben Rebbi Abbahu said, in the book of Rebbi Meïr they found: a saying about Duma, “a saying about Domae, to me He called from Seïr. Rebbi Joḥanan said, He called to me because of Seïr. Rebbi Simeon ben Laqish said, from where was He inimical to me, from Seïr. Rebbi Joshua ben Levi said, if a person asks you, where is your God? Tell him, in the great fortification at Rome. What is the reason? To me He called from Seïr.
Rebbi Ḥanina ben Rebbi Abbahu said, in the book of Rebbi Meïr they found: a saying about Duma, “a saying about Domae, to me He called from Seïr. Rebbi Joḥanan said, He called to me because of Seïr. Rebbi Simeon ben Laqish said, from where was He inimical to me, from Seïr. Rebbi Joshua ben Levi said, if a person asks you, where is your God? Tell him, in the great fortification at Rome. What is the reason? To me He called from Seïr.
Rebbi Ḥanina ben Rebbi Abbahu said, in the book of Rebbi Meïr they found: a saying about Duma, “a saying about Domae, to me He called from Seïr. Rebbi Joḥanan said, He called to me because of Seïr. Rebbi Simeon ben Laqish said, from where was He inimical to me, from Seïr. Rebbi Joshua ben Levi said, if a person asks you, where is your God? Tell him, in the great fortification at Rome. What is the reason? To me He called from Seïr.
Rebbi Simeon ben Yoḥay stated: Every place to which Israel was exiled, the Divine Presence was exiled with them. They were exiled to Egypt and the Divine Presence was exiled with them. What is the reason? Was I not revealed to your Father’s house when they were in Egypt, the house of Pharaoh? They were exiled to Babylon and the Divine Presence was exiled with them. What is the reason? On your behalf I was sent to Babylon. They were exiled to Media and the Divine Presence was exiled with them. What is the reason? I installed My throne in Elam, but Elam is nothing else but Media as you are saying, when I was in the Capital city of Susa which is in the province of Elam. They were exiled to Ionia and the Divine Presence was exiled with them. What is the reason? I shall awake your sons, Zion, over your sons, Ionia. They were exiled to Rome and the Divine Presence was exiled with them. What is the reason? He calls to me from Se`ir: watchman, what time is it in the night? Israel said to Isaiah: our teacher Isaiah, what will lead us out from this night? He told them, wait until it will be asked. After he asked, he returned to them and they asked him, watchman, what time is it in the night? He said to them, the watchman said, there comes morning and also night. They said to him, and also night? He told them, not as you understand it. But “morning” for the just ones, and “night” for the evildoers. “Morning” for Israel and “night” for the peoples of the world. They asked him, when? He said to them, any time you want, He wants: if you desire to ask, ask. They asked him, what obstructs? He told them, repentance: repent, come.
HALAKHAH: “The House of Shammai permit the co-wives to the brothers,” etc. Rebbi Simon in the name of Rebbi Yose in the name ofNehorai: The reason of the House of Shammai, “the outside wife of the deceased shall not belong to a strange man,” the “outer one” should not be another man’s. It turns out that the House of Shammai hold like those Samaritans who perform levirate with the betrothed but remove the married, for they explain “outside” as “the outer one.” How do the House of Shammai confirm “when he has no child”? Rebbi Jacob the Southerner said before Rebbi Yose, “when he has no child” from the married one, “the outer one shall not belong outside to a strange man.” He said to him, will not the Samaritans love you that you confirm their interpretations! Rebbi Simeon ben Eleazar stated: I told the learned Samaritans, what did cause you to err? That you did not explain following Rebbi Neḥemiah, since it was stated in the name of Rebbi Neḥemiah: Anything which needs a ל as a prefix but did not get it, we give it a ה at the end, e. g., to the outside חוּצָה, to Se‘ir שְׂעִירָה, to Succoth סוּכּוֹתָה. They objected to Rebbi Neḥemiah, is it not written: “The wicked shall return to the pit לִשְׁאוֹלָה.” Rabba bar Zabda said, to the lowest living space in Sheol.
HALAKHAH: “A slave disables because of intercourse,” etc. From where that the intercourse with a slave disables? Rebbi Joḥanan said in the name of Rebbi Ismael: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Jeremiah objected: But if a widow whored she has no widowhood or divorce and she returns! Rebbi Yose did not say so, but [he held] that the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or a slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says it in his own name but there he says it in the name of Rebbi Ismael! For also according to the words of the Sages the child is a bastard. Rebbi Ḥizqiah did not say so, but: the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says, from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Mattaniah said, I went to Seḥora and heard: Rebbi Joḥanan and Rebbi Ismael the sons of Jesua: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. And I said, that is correct, there is no bastard, following Rebbi Joshua, for a bastard is only from a woman which is for him under an incest prohibition and for whom one is punished by divine extirpation.
HALAKHAH: “On the same day, Rebbi Aqiba explained: “You shall measure outside the city”, etc. Rebbi Eliezer, the son of Rebbi Yose the Galilean, said, 2000 cubits the domain of the levitic cities. Deduct from them 1000 cubits open space, there results one quarter open space and the remainder fields. Rebbi Jeremiah, Rebbi Samuel bar Rav Isaac in the name of Rav: A quarter of 1000113. Rebbi Isaac said, even if you say a quarter from every side, it is a quarter. He who wants to make a square from four amphoras needs sixteen. Rebbi Mana estimated it from a brick, Rebbi Abin estimated it from a strip, Rebbi Oshaiah estimated it from a dish. Rebbi Yose ben Rebbi Abun said, 50 by 50 form a bet se’ah; 100 by 100 are four bet se’ah. As it happened to the Resh Galuta when it was imposed on him to fill a hall of 40 by 40 cubits with wheat. He came to Rav Huna who said to him, negotiate that they should take from you 20 by 20 now and 20 by 20 later; you will earn half.
HALAKHAH: “On the same day, Rebbi Aqiba explained: “You shall measure outside the city”, etc. Rebbi Eliezer, the son of Rebbi Yose the Galilean, said, 2000 cubits the domain of the levitic cities. Deduct from them 1000 cubits open space, there results one quarter open space and the remainder fields. Rebbi Jeremiah, Rebbi Samuel bar Rav Isaac in the name of Rav: A quarter of 1000113. Rebbi Isaac said, even if you say a quarter from every side, it is a quarter. He who wants to make a square from four amphoras needs sixteen. Rebbi Mana estimated it from a brick, Rebbi Abin estimated it from a strip, Rebbi Oshaiah estimated it from a dish. Rebbi Yose ben Rebbi Abun said, 50 by 50 form a bet se’ah; 100 by 100 are four bet se’ah. As it happened to the Resh Galuta when it was imposed on him to fill a hall of 40 by 40 cubits with wheat. He came to Rav Huna who said to him, negotiate that they should take from you 20 by 20 now and 20 by 20 later; you will earn half.
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 he left it in the sun or handed it over to a deaf-and-dumb, an insane, or an underage person, he is liable. If he handed it over to a shepherd, the shepherd takes his place. If it fell into a garden and caused damage, it pays for what it profited. If it entered in due course, it pays for what it damaged. How does it pay for what it damaged? One estimates a bet se’ah of the field; how much was it worth and how much is it worth. Rebbi Simeon says, if it ate ripe produce it pays for ripe produce, whether one or two se’ah.
MISHNAH: If he left it in the sun or handed it over to a deaf-and-dumb, an insane, or an underage person, he is liable. If he handed it over to a shepherd, the shepherd takes his place. If it fell into a garden and caused damage, it pays for what it profited. If it entered in due course, it pays for what it damaged. How does it pay for what it damaged? One estimates a bet se’ah of the field; how much was it worth and how much is it worth. Rebbi Simeon says, if it ate ripe produce it pays for ripe produce, whether one or two se’ah.
It was stated: “One does not estimate a bet kor because it would diminish, nor a bet qab because it would inflate. But one estimates a bet se’ah of the field in question, how much it was worth and how much is it worth now. Rebbi Jehudah said, when? If it ate shoots of the fig tree or plucked shoots of vines. But if it ate unripe grapes or unripe figs, one estimates them as fully grown fruits. Rebbi Jehudah said in the name of Rebbi Aqiba: If it ate fully grown produce, he pays for fully grown produce, [fruits of] trees, one estimates trees for him. Trees one estimates by the bet se’ah. Rebbi Simeon ben Jehudah said in the name of Rebbi Aqiba: Produce not yet one-third ripe is estimated under the rules of trees.” In the House of Rebbi Yannai they said, one estimates a three-qab in sixty three-qabs. Rebbi Yose ben Rebbi Ḥanina said, one estimates a stalk in sixty stalks.
It was stated: “One does not estimate a bet kor because it would diminish, nor a bet qab because it would inflate. But one estimates a bet se’ah of the field in question, how much it was worth and how much is it worth now. Rebbi Jehudah said, when? If it ate shoots of the fig tree or plucked shoots of vines. But if it ate unripe grapes or unripe figs, one estimates them as fully grown fruits. Rebbi Jehudah said in the name of Rebbi Aqiba: If it ate fully grown produce, he pays for fully grown produce, [fruits of] trees, one estimates trees for him. Trees one estimates by the bet se’ah. Rebbi Simeon ben Jehudah said in the name of Rebbi Aqiba: Produce not yet one-third ripe is estimated under the rules of trees.” In the House of Rebbi Yannai they said, one estimates a three-qab in sixty three-qabs. Rebbi Yose ben Rebbi Ḥanina said, one estimates a stalk in sixty stalks.
MISHNAH: If somebody deposits produce with another person, the latter returns it deducting losses, for wheat and rice 9/2 qab per kor, for barley and millet nine qab per kor, for spelt and linseed three se‘ah per kor; everything proportional to quantity and time elapsed. Rebbi Joḥanan ben Nuri said, do the rats care, do they not eat from much as from little? But he only deducts what corresponds to one kor. Rebbi Jehudah says, if it was a large quantity, he does not deduct because of the surplus. He deducts one sixth of wine; Rebbi Jehudah says a fifth. He deducts three log of oil per hundred, a log and a half lees, a log and a half absorption. If it was refined oil, he does not deduct lees; if the vessels were old, he does not deduct absorption. Rebbi Jehudah says, also if somebody sells refined oil during the entire year, [the buyer] accepts a log and a half lees per hundred.
MISHNAH: What is biting and what is increase? What is biting, lending a tetradrachma for five denars, two se’ah of wheat for three; because this bites. What is increase? Paying more for produce. How is this? One bought from another wheat for a gold denar the kor at the going rate. Wheat appreciated to thirty denars. He told him, deliver my wheat, for I want to sell it and buy wine with the proceeds. The other said, let your wheat be given to me for thirty denars and you have wine with me, but he has no wine. A creditor may not dwell on the debtor’s premises for free or rent it below the going rate, for this would be interest.
MISHNAH: Somebody who rented a donkey to use it to transport wheat but transported barley, grain but transported straw, is liable. How much did one add to the load that he became liable? Symmachos said in the name of Rebbi Meïr: one se’ah for a camel, three qab for a donkey.
HALAKHAH: “Somebody who rented a donkey,” etc. “How much did one add to the load that he became liable? Symmachos said in the name of Rebbi Meïr: one se’ah for a camel, three qab for a donkey, one qab for a porter, and three se‘ah for a cart. But a ship according to its size”.
HALAKHAH: “Somebody who rented a donkey,” etc. “How much did one add to the load that he became liable? Symmachos said in the name of Rebbi Meïr: one se’ah for a camel, three qab for a donkey, one qab for a porter, and three se‘ah for a cart. But a ship according to its size”.
MISHNAH: Somebody sold his olive trees for their wood. If they produced less than a quartarius [of oil] per se‘ah, it belongs to the owner of the olive trees. A quartarius [of oil] per se‘ah, one says, my olive trees grew [the olives], the other says, my land grew them: they shall split evenly. If a river flooded his olive trees and carried them to another’s field; one says, my olive trees grew them, the other says, my land grew them: they shall split evenly.
MISHNAH: Somebody sold his olive trees for their wood. If they produced less than a quartarius [of oil] per se‘ah, it belongs to the owner of the olive trees. A quartarius [of oil] per se‘ah, one says, my olive trees grew [the olives], the other says, my land grew them: they shall split evenly. If a river flooded his olive trees and carried them to another’s field; one says, my olive trees grew them, the other says, my land grew them: they shall split evenly.
“The orchard was cut down.” Rebbi Isaac said, if the entire orchard was cut down. But if there remained ten trees standing per bet se’ah he may tell him: At the beginning they were sickly and were not bearing much. But now they are sparse and will be productive.
MISHNAH: If somebody sells grain to another and it did not sprout, or even flax seed, he is not responsible for it. Rabban Simeon ben Gamliel said, for garden seeds which are not edible he is responsible. If somebody sells produce to another he has to accept a quarter [qab] of chaff per se’ah; for figs he has to accept ten worm-bitten ones per hundred; with a wine cellar he has to accept ten sour ones per hundred; with vessels in the Sharon he has to accept ten pitassaot per hundred. If somebody sells wine to another and it turned into vinegar, he is not responsible for it. But if it was known that his wine turns into vinegar, it is a buy in error. If he told him, I am selling you spice wine, it has to keep until Pentecost. “Old” is from the year before, “aged” from three years.
Rebbi Ḥiyya bar Abba asked: One se’ah of wheat which fell into one hundred of barley, do the Cohen and the Israel split the increase in value? Rebbi Isaac bar Tebelai asked: One se’ah of heave which fell into one hundred of profane grain, do the seller and the buyer split the remainder? Rebbi Abun bar Ḥiyya said, let us hear from the following: He who takes out impurities from his neighbor’s heap has to give him good grain in their stead.
Rebbi Ḥiyya bar Abba asked: One se’ah of wheat which fell into one hundred of barley, do the Cohen and the Israel split the increase in value? Rebbi Isaac bar Tebelai asked: One se’ah of heave which fell into one hundred of profane grain, do the seller and the buyer split the remainder? Rebbi Abun bar Ḥiyya said, let us hear from the following: He who takes out impurities from his neighbor’s heap has to give him good grain in their stead.
MISHNAH: “I am selling you a bet kor of dust measured by the surveyor’s measuring tape,” if a little bit be missing, he deducts, if it be a little more, he has to refund. If he said “more or less,” even if it was deficient by a quarter [qab] per se’ah or redundant by a quarter [qab] per se’ah, he received it. For more than that one makes a computation. What does he return? Money. But if he agreed, he returns land to him. Then why did they say, he returns money to him? To empower the seller, for if this one retained for himself a space for nine qab, or in a vegetable garden the space for half a qab (or following Rebbi Aqiba a bet rova‘) he returns land to him. Not only the quarter [qab] he has to return but all the excess.
MISHNAH: “I am selling you a bet kor of dust measured by the surveyor’s measuring tape,” if a little bit be missing, he deducts, if it be a little more, he has to refund. If he said “more or less,” even if it was deficient by a quarter [qab] per se’ah or redundant by a quarter [qab] per se’ah, he received it. For more than that one makes a computation. What does he return? Money. But if he agreed, he returns land to him. Then why did they say, he returns money to him? To empower the seller, for if this one retained for himself a space for nine qab, or in a vegetable garden the space for half a qab (or following Rebbi Aqiba a bet rova‘) he returns land to him. Not only the quarter [qab] he has to return but all the excess.
It was stated: “Rebbi Eliezer ben Jacob says, why does the verse say, he who blesses unlawful gain slanders the Eternal? They gave a parable, to what can this be compared? To one who stole a se’ah of wheat, brought it to the baker, separated its ḥallah, and fed it to his children. He pronounces blessings but it is blasphemy.
Another explanation: Hand to hand will not cleanse evil. Rebbi Phineas said, that is one who gives alms and expects an immediate reward. Rebbi Simon said, like a man who says, here is a sack, here is a tetradrachma, and here is a se`ah, go and fill it. You should know that this is so, for if the patriarchs had demanded to receive the reward in this world for the good deeds which they did, from where would their merit remain for their descendants after them? That is what Moses told Israel: I shall remember My covenant with Jacob, etc.
MISHNAH: The grocer on his account book, how? Not that he says to him, it is written in my account book that you owe me 200 denars, but he said to him, give my son two se’ah of wheat, or my worker small change for a tetradrachma. He says, I gave, but they say, we did not take. He swears and collects, and they swear and collect. Ben Nannas said, how? Both are induced to swear falsely! But he takes without an oath and they take without an oath.
The Babylonian Talmud
“If the first reads four verses he is praiseworthy”, as we have learned “There were three baskets holding three se’ahs each, in which the priests take up the money-offerings out of the [shekel] chamber, and on them were written Aleph, Beth, Gimel, so as to show which was taken out first, so that sacrifices could be brought from that one first, since it is a mitzvah to offer from the first.