shimon

If an ox intended [to gore] another ox and struck a woman and her offspring came forth [as a miscarriage], its owner is not liable for the value of the offspring. But if a man intended to strike his fellow and struck a woman and her offspring came forth [as a miscarriage], he must pay the value of the offspring. How does he pay the value of the offspring? They assess the value of the woman before she gave birth and the value after she gave birth. Rabban Shimon ben Gamaliel said: “If so, once a woman gives birth she is more valuable. Rather, they assess how much the offspring would be worth, and he pays it to the husband, or if she has no husband to his heirs.” If she was a freed bondwoman or a proselyte no penalty is incurred.

If he left the flock in the sun, or he delivered it to the care of a deaf-mute, an idiot or a minor, and it came out and caused damage, he is liable. If he delivered it to a shepherd, the shepherd takes the place of the owner. If the flock fell into a garden and derived any benefit, he pays for the benefit. If the flock went down [into the garden] in its usual way and caused damage, he must pay for the damage it caused. How does he pay for the damage it caused? They assess what a seah’s space of ground in that field was worth before and what it is worth now. Rabbi Shimon says: “If they consumed fully grown produce he must repay with fully grown produce; if they destroyed on seah he must repay one seah, if two seah, two seahs.

If a person sends forth fire in the hands of a deaf-mute, an idiot or a minor he is not liable by the laws of man, but he is liable by the laws of Heaven. If he sent it forth in the hands of a person of sound senses, the one of sound senses is liable. If one brought the fire, and then another brought the wood, he that brought the wood is liable. If one brought the wood and then another brought fire, he that brought the fire is liable. If another came and fanned the flames, the one who fanned the flame is liable. If the wind fanned the flame, they are all exempt. If a man sent forth fire, and it consumed wood or stones or dust, he is liable, for it says: “When a fire breaks out and spreads to thorns so that the stacked corn is consumed, or the standing corn, or the field, he that kindled the fire shall surely make restitution.” If it passed over a fence four cubits high, or over a public way, or over a river, he is exempt. If a man kindled fire within his own domain, how far may it spread [and he will still be liable]? Rabbi Eleazar ben Azariah says: “It is looked at as if it was in the middle of a kor’s space.” [ Rabbi Eliezer says: “Sixteen cubits [in every direction] like a public highway.” Rabbi Akiva says: “Fifty cubits.” Rabbi Shimon says: “[It is said] ‘He that kindled the fire shall surely make restitution’, all is in accordance with the nature of the fire.”

If a man stole [an ox or a sheep] according to the evidence of two witnesses and killed it or sold it according to the evidence of two others, he must make fourfold or fivefold restitution. If a man stole [an ox or a sheep] and sold it on the Sabbath, or stole it and sold it for idolatrous use or stole it and slaughtered it on the Day of Atonement; if he stole what was his father’s and slaughtered it or sold it, and afterward his father died; if he stole it and slaughtered it and then he dedicated it to the Temple he must make fourfold or fivefold restitution. If he stole it and then killed it for use in healing, or for food for dogs; or if he slaughtered it and it was found to be terefah, or if he slaughtered it in the Temple Court [intending to eat it] as common food, he must make fourfold or fivefold restitution. In these last two cases Rabbi Shimon exempts.

If he stole [an ox or a sheep] according to the evidence of two witnesses, and slaughtered it or sold it according to the evidence of one witness or according to his own evidence, he makes twofold restitution, but not fourfold or fivefold restitution. If he stole [an ox or a sheep] and slaughtered it on the Sabbath, or stole it and slaughtered it for idolatrous use, or stole what was his father’s and his father died, and he afterward slaughtered or sold it, or if he stole it and then dedicated it, and afterward slaughtered it or sold it, he makes twofold restitution but not fourfold or fivefold restitution. Rabbi Shimon says: “If they were Holy Things which must be replaced [if damaged or lost] he must make fourfold or fivefold restitution; but if they were Holy Things which need not be replaced, he is exempt.”

If a man found letters of evaluation, or letters of sustenance, or documents of halitzah or refusal, or documents of arbitration or any document drawn out by the court he should return them. If he found documents in a satchel or bag, or a bundle of documents he should return them. How many count as a bundle of documents? Three tied up together. Rabban Shimon ben Gamaliel says: [If one found three documents in which] one borrowed from three others, they should be returned to the borrower. But if [one found three documents in which] one loaned to three, they should be returned to the lender. If a man found a document among his documents and he does not know what is its nature, it must be left until Elijah comes. If there were postscripts amongst them, he should do what is stated in the postscript.

Which found objects belong to the finder and which ones must be proclaimed [in the lost and found]? These found objects belong to the finder: if a man found scattered fruit, scattered money, small sheaves in the public domain, cakes of figs, bakers’ loaves, strings of fish, pieces of meat, wool shearings [as they come] from the country of origin, stalks of flax and strips of purple wool, according to Rabbi Meir. Rabbi Judah says: “Anything which has in it something unusual, must be proclaimed. How is this so? If he found a fig cake with a potsherd in it or a loaf with coins in it [he must proclaim them].” Rabbi Shimon ben Elazar says: “New merchandise need not be proclaimed.”

If he found an [animal] in a stable, he is not responsible for it [even though the stable door was loose and unguarded. But if he found it in the public domain he is responsible for it. If it was in a cemetery he need not contract uncleanness because of it. If his father said to him, “Contract uncleanness”, or if he said to him, “Do not return it”, he may not listen to him. If he unloaded [the ass fallen under its load] and reloaded it and again unloaded it and reloaded it, even four or five times he is still obligated, for it is written, “You must surely raise it with him”. If the owner went and sat down and said, “Since the commandment is upon you, if you wish to unload, unload”, he is not obligated, for it is written “with him”. But if the owner was aged or sick, he is obligated. It is a commandment from the Torah to unload but not to reload. Rabbi Shimon says, “To reload as well.” Rabbi Yose the Galilean says, “If the beast was carrying more than its proper load he is not obligated [to help unload it], for it is written, “under its load”, [which is to say] a load which it is able to endure.

If a man deposited produce with his fellow, even if it should perish he may not touch it. Rabban Shimon ben Gamaliel says: “He may sell it before a court of law, since he is like someone who returns a lost object to its owners.”

How is this so? If [the buyer] drew the produce away from [the seller] but did not give over the money, he cannot retract. If [the buyer] gave the money but did not draw the produce away from [the seller], he can retract. But they said: “He that exacted punishment from the generation of the flood and the generation of the dispersion (at the time of the Tower of Babel) will exact punishment from one who does not keep by his word. Rabbi Shimon says: “He that has the money has the upper hand.”

How much may be missing from a sela and still not fall within the rule of fraud? Rabbi Meir says: “Four issars, one issar per dinar.” Rabbi Judah says: “Four pondions, one pondion per dinar.” Rabbi Shimon says: “Eight pondions, two pondions per dinar.”

These are the things to which the laws of fraud through overcharging do not apply: The sale of slaves, debt documents, land and what belongs to the Temple. They are not subject to twofold restitution, nor fourfold or fivefold restitution. An unpaid guardian does not take an oath [on their account, that he did not damage them] nor does a paid guardian make compensation [if they are lost on his watch]. Rabbi Shimon says: “Holy Things for which he is responsible, are subject to the laws of fraud through overcharging, and Holy Things for which he is not responsible are not subject to the laws of fraud through overcharging.” Rabbi Judah says: “Also one who sells a Torah scroll, and an animal or a pearl they are not subject to the laws of fraud through overcharging.” They (the Sages) said to him: “They only said these.”

One may evaluate cows and donkeys and anything that works and eats [and give them to one’s fellow to raise] in order to share the profit. Where the custom is to share the offspring immediately at birth, they do so; and where the custom is to first rear them [and then give them over to the owner], they do so. Rabban Shimon ben Gamaliel says: “One may evaluate a calf with its mother, and a foal with its mother [and give them to one’s fellow to raise in order to share the profit.] A tenant may offer increased rent in exchange for a loan to improve his field, without fearing that this is usury.

One may say to his fellow, “Help me weed and I will help you weed” or “Help me hoe and I will help you hoe.” But one may not say, “Help me weed and I will help you hoe”, or “Help me hoe and I will help you weed”. All days of the dry season are accounted alike, and all days of the rainy season are accounted alike. One may not say to another, “Help me plow in the dry season and I will help you plow in the rainy season.” Rabban Gamaliel says: “There is interest that is paid in advance and interest that is paid afterward. How is this so? If a one intended to borrow from another and made him a present and said, “This is so that you will lend to me”, this is interest that is paid in advance. If one borrowed from another and repaid it to him, and then sent a present and said, “This is for your money of which you have not had use while it was with me”, this is interest that is paid afterward. Rabbi Shimon says: “There is interest paid in words: one may not say to his creditor, “Know that such and such a person has come form such and such a place.”

If one hired laborers and told them to work early or to work late, he has no right to compel them to do so where the custom is not to work early or not to work late. In a place where the custom is to give them their food he should give it to them, and where the custom is to provide them with sweet food, he must give it to them. Everything should follow local custom. It once happened that Rabbi Yochanan ben Mattia said to his son: “Go and hire laborers for us”. He went and struck a deal to provide them with food. When he came to his father, his father said to him, “My son, even if you make them a banquet like Solomon’s in his time you will not have fulfilled your obligation to them. For they are sons of Abraham, Isaac and Jacob. But, rather, before they begin to work go and say to them, “On condition that I am not bound to give you more than bread and beans only.” Rabban Shimon ben Gamaliel says: “It was not necessary to speak thus, for everything should follow local use.”

If one leased a house to his fellow in the rainy season, he cannot make him leave it [during the time] from Sukkot to Pesach. In the summer, [he must give him] thirty days [warning]. And in large cities, whether it is during the rainy season or the summer [he must give] twelve months [warning]. [If one leased] a shop [to his fellow], whether in large cities or small towns, [he must give] twelve months [warning]. Rabban Shimon ben Gamaliel says: “If it is a shop occupied by bakers or dyers [he must give] three years [warning].

If one rented a house to his fellow by the year and the year was made a leap year, the extra month goes to the tenant. If he rented it by the month and the year was made a leap year, the extra month goes to the owner. It once happened in Tzippori that a person leased a bath-house from his fellow at “twelve golden dinars a year, one dinar per month”, and [when the year became a leap year] the case came before Rabban Shimon ben Gamaliel and Rabbi Yose, and they said: “Let them share the extra month.”

If one leased a field from his fellow with the condition that he sow barley, he may not sow wheat; [But if he leased the field with the condition that he sow] wheat, he may sow barley. Rabban Shimon ben Gamaliel forbids this. If one leased a field from his fellow with the condition that he sow grain, he may not sow beans; [But if he leased the field with the condition that he sow] beans, he may sow grain. Rabban Shimon ben Gamaliel forbids this.

If one leased a field from his fellow with the condition that he sow barley, he may not sow wheat; [But if he leased the field with the condition that he sow] wheat, he may sow barley. Rabban Shimon ben Gamaliel forbids this. If one leased a field from his fellow with the condition that he sow grain, he may not sow beans; [But if he leased the field with the condition that he sow] beans, he may sow grain. Rabban Shimon ben Gamaliel forbids this.

If one lent one’s fellow, he may exact a pledge from him only with the permission of a court, and he may not enter his house to take the pledge, as it is states, “You shall stand outside” (Deut. 24:1. If the borrower had two utensils, he may take one but must give back the other. And he must give back the pillow at night and the plow during the day. And if the creditor dies he need not return the pledge to his heirs. Rabban Shimon ben Gamaliel says: “Even to the debtor himself he need only return the pledge within thirty days [of the loan], and after thirty days he may sell it with the consent of the court. A pledge may not be taken from a widow, whether she be rich or poor, as it states, “Do not take the a widow’s garment as a pledge” (Deut. 24:17). If one takes a millstone as a pledge he violates a negative commandment and he is also in violation of both parts [of the millstone], as it states, “Do not take a mill or an upper millstone as a pledge” (Deut. 24:6). And they didn’t say just an upper millstone or a mill but anything that is necessary for food, as it states, “for that would be taking someone’s life as a pledge” (ibid.).

If one’s wall was near his fellow’s garden and it fell down and his fellow said to him, “Clear away your stones”, and he answered, “They have become yours”, they do not listen to him. If after the other (the owner of the garden) had accepted he (the owner of the wall) said to him, “Here is your expenditures and I will take back what is mine”, they do not listen to him. If one hired a laborer to help him in his work with chopped straw and stubble, and the laborer said to him, “Give me my wages”, and he said to him, “Take as your wages that with which you have labored”, they do not listen to him. If after the other (the employee) had accepted he (the employer) said to him, “Here are your wages and I will take what is mine”, they do not listen to him. One who removes his manure into the public domain: from the time he removes it another may take it to manure [his fields]. One may not soak clay or make bricks in the public domain, but clay may be kneaded in the public domain but not bricks. One who builds in the public domain: one brings the stones and another builds (immediately). And if he causes damage, he pays what he has damaged. Rabban Shimon ben Gamaliel says: “He may, indeed, make preparation for his work for thirty days [in the public domain].

If there were two gardens [in terraces] one above the other and vegetables grew between them: Rabbi Meir says: “They belong to the upper garden.” Rabbi Judah says: “They belong to the lower garden.” Rabbi Meir said: “If [the owner of] the upper garden wished to remove his soil there would be no vegetables.” Rabbi Judah said: “If [the owner of] the lower garden wished to fill up his garden [with soil] there would be no vegetables. Rabbi Meir said: “Since each is able to thwart the other, we should consider from where these vegetables derive their life.” Rabbi Shimon said: “Whatever [the owner of ] the upper garden can take by stretching out his hand belongs to him, and the rest belongs to [the owner of] the lower garden.

They compel [a partner in a courtyard to contribute to] the building of a gate-house and a door for the courtyard. Rabban Shimon ben Gamaliel says: “Not all courtyards are fit for a gate-house.” They compel [a resident of the town to contribute to] the building of a wall for the town and double doors and a bolt. Rabban Shimon ben Gamaliel says: “Not every town is fit for a wall.” How long must a man dwell in a town to count as one of the men of the town? Twelve months. If he has purchased a dwelling place he immediately counts as one of the men of the town.

They compel [a partner in a courtyard to contribute to] the building of a gate-house and a door for the courtyard. Rabban Shimon ben Gamaliel says: “Not all courtyards are fit for a gate-house.” They compel [a resident of the town to contribute to] the building of a wall for the town and double doors and a bolt. Rabban Shimon ben Gamaliel says: “Not every town is fit for a wall.” How long must a man dwell in a town to count as one of the men of the town? Twelve months. If he has purchased a dwelling place he immediately counts as one of the men of the town.

One may not set up an oven inside a house unless there is a space of four cubits above it. If he sets it up in the upper room, the flooring beneath it must be three handbreadths deep, or for a stove one handbreadth. And if it causes damage [to the floor] he must pay for the damage caused. Rabbi Shimon says: “They only mentioned these measurements so that if the object caused damage he would be exempt.”

If a tree stretches into the public domain enough must be cut away to allow a camel and its rider pass by. Rabbi Judah says: “A camel laden with flax or bundles of branches.” Rabbi Shimon says: “Every tree [must be cut away] according to the plumb line’s measure, because of impurity.

If a man sold a town, he has also sold the houses, cisterns, trenches, caves, bath houses, dovecotes, olive presses, and irrigated fields, but not the movable property. But if he had said: “It and all that is in it”, even if cattle and slaves were in it, all of these are sold. Rabban Shimon ben Gamaliel says: “If a man sold a town he has also sold the town watchman.”

But [one who sold a field] has not sold the stones that are not necessary to it or the canes in a vineyard that are not necessary to it or the produce that is already picked from the ground. But if he had said, “It and all that is in it” all of these are sold also. But in neither case has he sold any partition of reeds that covers a quarter-kav’s space of ground, or the watchman’s hut if it was not fastened down with mortar, or grafted carob trees or cropped sycamores, or any cistern or winepress or dovecote, whether they are lying waste or in use. And [the seller] must purchase [from the buyer] a way thereto, according to Rabbi Akiva. But the sages say: “He need not.” And Rabbi Akiva agrees that if he had said, “Excepting these”, he need not buy himself a way thereto. If he had sold them (the cistern, winepress or dovecote) to another, Rabbi Akiva says: “He [that bought them] need not buy himself a way thereto. But the Sages say: “He must buy himself a way thereto.” When is this so? With regards to he that sells his field. But if he gives it as a gift, he gives everything that is in it. If brothers who divided [an inheritance] came into possession of a field, they come into possession of everything that is in it. If a man secured title by possession of the property of a convert, and secured title by possession of the [convert’s] field, he secures title to everything that is in it. If a man dedicated a field [to the Temple] he has dedicated everything in it. Rabbi Shimon says: “If a man dedicated a field, he has dedicated only the grafted carob trees and cropped sycamores.”

The wholesaler must clean out his measures once every thirty days and the householder once every twelve months. Rabban Shimon ben Gamaliel says: “The rule is just the opposite.” The shopkeeper must clean out his measures twice in the week and polish his weights once a week and clean out his scales after every weighing.

Rabban Shimon ben Gamaliel said: “When is this so (that one needs to clean out measures)? With regards to liquid measures, but with regards to dry measures it is not necessary. [And a shopkeeper] must let the scales sink down a handbreadth [to the buyer’s advantage]. If he gave him an exact measure, he must give him his overweight, a tenth for liquid measures and a twentieth for dry measures. Where the custom is to measure with small measures they should not measure with large measures and where the custom is to measure with large measures they should not measure with small measures. Where the custom is to smooth down [what is in the measure] they should not heap it up, and [where the custom is] to heap it up, they should not smooth it down.

If a man sold grain to his fellow [and after it was sown] it did not sprout, even if it was flax-seed he is not liable. Rabban Shimon ben Gamaliel says: “If it was garden-seeds, which are not used for food, he is liable.”

If a man sold his fellow a place to build him a house, so, too, if a man contracted with his fellow to build him a bridal-house for his son, or a widow’s house for his daughter, he must build it four cubits by six cubits (80 inches x 120 inches), according to Rabbi Akiva. Rabbi Yishmael says: “This is a cattle-shed”. He who wants to build a cattle-shed, should build it four cubits by six. A small house six by eight (120 x. A large house eight by ten (160 x. An eating hall ten by ten (200 x. The height should be [the sum] of half its length and half its breadth. Proof of the matter is the sanctuary. Rabban Shimon ben Gamaliel says: “Should all [houses] be according to the building of the Sanctuary?”

If a man sold to his fellow a place in which to make a tomb, so, too, if a man was commissioned by his fellow to make a tomb, he must make the inside of the vault four cubits by six, and open within it eight niches, three on this side, three on that side, and two opposite [the doorway]. The niches must be four cubits long, seven handbreadths high, and six handbreadths wide. Rabbi Shimon says: “He must make the inside of the vault four cubits by eight, and open within it thirteen niches, four on this side, four on that side, three opposite [the doorway] and one to the right of the doorway and one to the left. He must make a courtyard at the opening of the vault, six cubits by six, space enough for the bier and its bearers. And he may open within it two vaults, one on either side. Rabbi Shimon says: “Four, one on each of its sides.” Rabban Shimon ben Gamaliel says: “All depends on the nature of the rock.”

If a man sold to his fellow a place in which to make a tomb, so, too, if a man was commissioned by his fellow to make a tomb, he must make the inside of the vault four cubits by six, and open within it eight niches, three on this side, three on that side, and two opposite [the doorway]. The niches must be four cubits long, seven handbreadths high, and six handbreadths wide. Rabbi Shimon says: “He must make the inside of the vault four cubits by eight, and open within it thirteen niches, four on this side, four on that side, three opposite [the doorway] and one to the right of the doorway and one to the left. He must make a courtyard at the opening of the vault, six cubits by six, space enough for the bier and its bearers. And he may open within it two vaults, one on either side. Rabbi Shimon says: “Four, one on each of its sides.” Rabban Shimon ben Gamaliel says: “All depends on the nature of the rock.”

If a man sold to his fellow a place in which to make a tomb, so, too, if a man was commissioned by his fellow to make a tomb, he must make the inside of the vault four cubits by six, and open within it eight niches, three on this side, three on that side, and two opposite [the doorway]. The niches must be four cubits long, seven handbreadths high, and six handbreadths wide. Rabbi Shimon says: “He must make the inside of the vault four cubits by eight, and open within it thirteen niches, four on this side, four on that side, three opposite [the doorway] and one to the right of the doorway and one to the left. He must make a courtyard at the opening of the vault, six cubits by six, space enough for the bier and its bearers. And he may open within it two vaults, one on either side. Rabbi Shimon says: “Four, one on each of its sides.” Rabban Shimon ben Gamaliel says: “All depends on the nature of the rock.”

If a man says, “So and so, my firstborn son, shall not receive a double portion”, or “So and so, my son, shall not inherit with his brothers”, he has said nothing, for he has made a condition contrary to what is written in the Torah. If a man apportioned his property to his sons by word of mouth, and gave much to one and little to another, or made them equal to the firstborn, his words are valid. But if he had said [that it should be so] “by inheritance”, he has said nothing. If he had written down, whether at the beginning or in the middle or at the end [of his will] that it should be as a gift, his words are valid. If a man said, “So and so a man shall inherit from me” and he has a daughter; or “My daughter shall inherit from me”, and he has a son, he has said nothing, for he has made a condition contrary to what is written in the Torah. Rabbi Johanan ben Baroka says: “If he said [that so and so shall inherit from me] of one that was qualified to inherit from him, his words are valid, but if of one that was not qualified to inherit from him his words do not remain valid.” If a man wrote away his property to others and passed over his sons, what he has done is done, but the Sages are not comfortable with it. Rabban Shimon ben Gamaliel says: “If has sons did not behave properly, it should be counted to his credit.”

A simple document has the signatures within (at the bottom of the page); a sewn document has signatures behind [each fold]. If in a simple document its witnesses signed behind, or if in a sewn document its witnesses signed within, they are invalid. Rabbi Hanina ben Gamaliel says: “If in a sewn document its witnesses signed within, it is valid, since it can be made into a simple document.” Rabban Shimon ben Gamaliel says: “Everything should follow local custom.”

They may not write documents of betrothal or marriage except with the consent of both parties. And the bridegroom pays the (scribe’s) fee. They may not write documents of tenancy and sharecropping except with the consent of both parties. And the tenant pays the (scribe’s) fee. They may not write documents of arbitration or any document drawn up before a court except with the consent of both parties. And both parties pay the (scribe’s) fee. Rabban Shimon ben Gamaliel says: “Two documents are written for the two parties, one copy for each.”

If there were two brothers, one poor and one rich, and their father left them a bath house or an olive press, if the father had made them for hire, the profit is split equally. But if he made them for his own use alone, the rich brother may say to the poor brother, “Buy for yourself slaves and they can wash in the bath house” or “Buy for yourself olives and prepare them in the olive press.” If there were two in the same town, and one’s name was Joseph the son of Shimon and other’s name was Joseph the son of Shimon, neither can bring forth a debt document on the other, and another person cannot bring forth a debt document against them. And if some person finds amongst his documents a document that states, “The [debt] document of Joseph ben Shimon is paid”, both of their [debt] documents are paid. What should they do? They should write their names to the third generation. And if the names are the same through the third generation, they should give themselves a sign. And if their signs are the same, they should write “Cohen”. If a man said to his son, “One of my debt documents is paid and I do not know which one”, then all are deemed to be paid. If two documents were found [amongst his documents] written to the same debtor, then the large one is paid and the small one is not paid. If a man lent money to his fellow on a guarantor’s security, he may not exact payment from the guarantor. But if he had said, “On the condition that I may exact payment from whom I wish”, then he may exact payment from the guarantor. Rabban Shimon ben Gamaliel says: “If the borrower had property, in neither case can he exact payment from the guarantor.” Moreover, Rabban Shimon ben Gamaliel used to say: “If a man was a guarantor for a woman’s ketubah and her husband divorced her, the husband must vow to derive no further benefit from her, lest he make a conspiracy against the property of the guarantor and take his wife back again.”

If there were two brothers, one poor and one rich, and their father left them a bath house or an olive press, if the father had made them for hire, the profit is split equally. But if he made them for his own use alone, the rich brother may say to the poor brother, “Buy for yourself slaves and they can wash in the bath house” or “Buy for yourself olives and prepare them in the olive press.” If there were two in the same town, and one’s name was Joseph the son of Shimon and other’s name was Joseph the son of Shimon, neither can bring forth a debt document on the other, and another person cannot bring forth a debt document against them. And if some person finds amongst his documents a document that states, “The [debt] document of Joseph ben Shimon is paid”, both of their [debt] documents are paid. What should they do? They should write their names to the third generation. And if the names are the same through the third generation, they should give themselves a sign. And if their signs are the same, they should write “Cohen”. If a man said to his son, “One of my debt documents is paid and I do not know which one”, then all are deemed to be paid. If two documents were found [amongst his documents] written to the same debtor, then the large one is paid and the small one is not paid. If a man lent money to his fellow on a guarantor’s security, he may not exact payment from the guarantor. But if he had said, “On the condition that I may exact payment from whom I wish”, then he may exact payment from the guarantor. Rabban Shimon ben Gamaliel says: “If the borrower had property, in neither case can he exact payment from the guarantor.” Moreover, Rabban Shimon ben Gamaliel used to say: “If a man was a guarantor for a woman’s ketubah and her husband divorced her, the husband must vow to derive no further benefit from her, lest he make a conspiracy against the property of the guarantor and take his wife back again.”

If there were two brothers, one poor and one rich, and their father left them a bath house or an olive press, if the father had made them for hire, the profit is split equally. But if he made them for his own use alone, the rich brother may say to the poor brother, “Buy for yourself slaves and they can wash in the bath house” or “Buy for yourself olives and prepare them in the olive press.” If there were two in the same town, and one’s name was Joseph the son of Shimon and other’s name was Joseph the son of Shimon, neither can bring forth a debt document on the other, and another person cannot bring forth a debt document against them. And if some person finds amongst his documents a document that states, “The [debt] document of Joseph ben Shimon is paid”, both of their [debt] documents are paid. What should they do? They should write their names to the third generation. And if the names are the same through the third generation, they should give themselves a sign. And if their signs are the same, they should write “Cohen”. If a man said to his son, “One of my debt documents is paid and I do not know which one”, then all are deemed to be paid. If two documents were found [amongst his documents] written to the same debtor, then the large one is paid and the small one is not paid. If a man lent money to his fellow on a guarantor’s security, he may not exact payment from the guarantor. But if he had said, “On the condition that I may exact payment from whom I wish”, then he may exact payment from the guarantor. Rabban Shimon ben Gamaliel says: “If the borrower had property, in neither case can he exact payment from the guarantor.” Moreover, Rabban Shimon ben Gamaliel used to say: “If a man was a guarantor for a woman’s ketubah and her husband divorced her, the husband must vow to derive no further benefit from her, lest he make a conspiracy against the property of the guarantor and take his wife back again.”

If there were two brothers, one poor and one rich, and their father left them a bath house or an olive press, if the father had made them for hire, the profit is split equally. But if he made them for his own use alone, the rich brother may say to the poor brother, “Buy for yourself slaves and they can wash in the bath house” or “Buy for yourself olives and prepare them in the olive press.” If there were two in the same town, and one’s name was Joseph the son of Shimon and other’s name was Joseph the son of Shimon, neither can bring forth a debt document on the other, and another person cannot bring forth a debt document against them. And if some person finds amongst his documents a document that states, “The [debt] document of Joseph ben Shimon is paid”, both of their [debt] documents are paid. What should they do? They should write their names to the third generation. And if the names are the same through the third generation, they should give themselves a sign. And if their signs are the same, they should write “Cohen”. If a man said to his son, “One of my debt documents is paid and I do not know which one”, then all are deemed to be paid. If two documents were found [amongst his documents] written to the same debtor, then the large one is paid and the small one is not paid. If a man lent money to his fellow on a guarantor’s security, he may not exact payment from the guarantor. But if he had said, “On the condition that I may exact payment from whom I wish”, then he may exact payment from the guarantor. Rabban Shimon ben Gamaliel says: “If the borrower had property, in neither case can he exact payment from the guarantor.” Moreover, Rabban Shimon ben Gamaliel used to say: “If a man was a guarantor for a woman’s ketubah and her husband divorced her, the husband must vow to derive no further benefit from her, lest he make a conspiracy against the property of the guarantor and take his wife back again.”

If there were two brothers, one poor and one rich, and their father left them a bath house or an olive press, if the father had made them for hire, the profit is split equally. But if he made them for his own use alone, the rich brother may say to the poor brother, “Buy for yourself slaves and they can wash in the bath house” or “Buy for yourself olives and prepare them in the olive press.” If there were two in the same town, and one’s name was Joseph the son of Shimon and other’s name was Joseph the son of Shimon, neither can bring forth a debt document on the other, and another person cannot bring forth a debt document against them. And if some person finds amongst his documents a document that states, “The [debt] document of Joseph ben Shimon is paid”, both of their [debt] documents are paid. What should they do? They should write their names to the third generation. And if the names are the same through the third generation, they should give themselves a sign. And if their signs are the same, they should write “Cohen”. If a man said to his son, “One of my debt documents is paid and I do not know which one”, then all are deemed to be paid. If two documents were found [amongst his documents] written to the same debtor, then the large one is paid and the small one is not paid. If a man lent money to his fellow on a guarantor’s security, he may not exact payment from the guarantor. But if he had said, “On the condition that I may exact payment from whom I wish”, then he may exact payment from the guarantor. Rabban Shimon ben Gamaliel says: “If the borrower had property, in neither case can he exact payment from the guarantor.” Moreover, Rabban Shimon ben Gamaliel used to say: “If a man was a guarantor for a woman’s ketubah and her husband divorced her, the husband must vow to derive no further benefit from her, lest he make a conspiracy against the property of the guarantor and take his wife back again.”

If a man lent his fellow money by using a document, he may recover the debt from mortgaged property. But if he had lent only before witnesses (and not through a document), he may recover the debt only from unmortgaged property. If the [creditor] brought forth [a loan document] upon which appeared his (the debtor’s) signature as evidence that he was indebted to him, the creditor may recover the debt only from unmortgaged property. If a man signed as a guarantor after the signatures of witnesses, the creditor may recover the debt only from [the guarantor’s] unmortgaged property. Such a case came before Rabbi Yishmael and he said, “He may recover only from unmortgaged property”. Ben Nanos said to him: “He may recover the debt neither from mortgaged nor unmortgaged property.” He said to him: “Why?” He answered, “If a man seized a debtor by the throat in the street and his fellow found him and said ‘Leave him alone (and I will pay), he is not liable, since not through trust in him did the creditor lend the debtor money.” Rather which type of guarantor is liable? [If a man said], “Lend him money and I will pay thee”, he is liable, for he lent him the money through his trust in the guarantor. And Rabbi Yishmael said, “He who wants to be wise let him occupy himself with cases dealing with monetary matters, for there is no greater branch of Torah than this; for they are like a welling fountain; and he who wishes to occupy himself with laws concerning monetary matters, let him serve [as a pupil] of Shimon ben Nanos.

[Cases concerning offenses punishable by] beating [are decided] by three. In the name of Rabbi Yishmael they said twenty-three. The intercalation of the month and intercalation of the year [are decided] by three, according to Rabbi Meir. Rabban Shimon ben Gamaliel says: “The matter is begun by three, discussed by five, and decided upon by seven. But if they decided upon it with three, the intercalation is valid.”

The laying on of the elders’ hands and the breaking of the heifer’s neck [are decided upon] by three, according to Rabbi Shimon. But Rabbi Judah says: “By five.” The rites of halitzah and “refusal” [are performed] before three. The fruit of fourth year plantings and Second Tithes whose value is not known [are redeemed] before three. Things dedicated to the Temple [are redeemed] before three. Vows of evaluation to be redeemed with movable property, [are evaluated] before three. Rabbi Judah says: “One must be a priest.” [Vows of evaluation], [to be redeemed] with land [are evaluated] before nine and a priest. And similarly [for the evaluation] of a man.

He may send forth the people to a battle waged of free choice by the decision of the court of seventy one. He may break through [the private domain of any man] to make himself a road and none may protest him. The king’s road has no limit. Whatsoever the people take in plunder they must place before him, and he may take first. “And he shall not have many wives” (Deut. 17:17) eighteen only. Rabbi Judah says: “He may take many wives provided they don’t turn his heart away [from worshipping God]. Rabbi Shimon says: “Even one that might turn his heart away, he should not marry. Why then does it say, “He shall not have many wives”, even if they are like Avigayil. “He shall not keep many horses” (Deut. 17:16) enough for his chariot only. “Nor shall he amass silver and gold to excess” (Deut. 17:17) enough to pay his soldier’s wages. He must write a Torah scroll for himself; when he goes forth to battle he shall take it with him, and when he returns he shall bring it back with him; when he sits in judgement it shall be with him, and when he sits to eat it shall be with him, as it says, “Let it remain with him and let him read it all his life” (Deut. 17:19)

And these are they which are not qualified [to be witnesses or judges]: A dice player, a usurer, pigeon racers, or traffickers in Seventh Year produce. Rabbi Shimon said: “In the beginning they called them ‘gatherers’ of Seventh Year produce, but after the oppressors grew many they changed this and called them ‘traffickers’ of Seventh Year produce.” Rabbi Judah said: “This applies only if they have no other trade, but if they have some other trade other than that, they are not disqualified.”

So long as a litigant can produce proof he may overturn the verdict. If they had said to him, “Bring all of the proofs that you have within thirty days” and he brought them within thirty days, the court may overturn the verdict. But if he brought any proof after thirty days, the court cannot reverse the verdict. Rabban Shimon ben Gamaliel said: “What could he have done that he did not find [the proof] within thirty days but found it after thirty days?” If they had said to him, “Bring witnesses” and he said, “I have no witnesses”, or [if they said], “Bring proof”, and he said, “I have no proof”, and he later found proof or witnesses, then they are totally invalid. Rabban Shimon ben Gamaliel said: “What could he have done that he did not know that he had witnesses, then found witnesses, or that he did not know that he had proof, then found proof? If they had said to him, “Bring witnesses” and he said, “I have no witnesses”, or [if they said], “Bring proof”, and he said, “I have no proof”, but when he saw that he was about to be found obligated, he said, “Come near, so-and-so and so-and-so and testify for me!”, or if he brought forth some proof from his wallet, then they are totally invalid.

So long as a litigant can produce proof he may overturn the verdict. If they had said to him, “Bring all of the proofs that you have within thirty days” and he brought them within thirty days, the court may overturn the verdict. But if he brought any proof after thirty days, the court cannot reverse the verdict. Rabban Shimon ben Gamaliel said: “What could he have done that he did not find [the proof] within thirty days but found it after thirty days?” If they had said to him, “Bring witnesses” and he said, “I have no witnesses”, or [if they said], “Bring proof”, and he said, “I have no proof”, and he later found proof or witnesses, then they are totally invalid. Rabban Shimon ben Gamaliel said: “What could he have done that he did not know that he had witnesses, then found witnesses, or that he did not know that he had proof, then found proof? If they had said to him, “Bring witnesses” and he said, “I have no witnesses”, or [if they said], “Bring proof”, and he said, “I have no proof”, but when he saw that he was about to be found obligated, he said, “Come near, so-and-so and so-and-so and testify for me!”, or if he brought forth some proof from his wallet, then they are totally invalid.

The place of stoning was twice a man’s height. One of the witnesses pushed him by the hips, [so that] he was overturned on his heart. He was then turned on his back. If that caused his death, he had fulfilled [his duty]; but if not, the second witness took a stone and threw it on his chest. If he died thereby, he had done [his duty]; but if not, he [the criminal] was stoned by all Israel, for it is says: “The hand of the witnesses shall be first upon him to put him to death, and afterwards the hand of all the people” (Deut. 17:7). All who are stoned are [afterwards] hanged, according to Rabbi Eliezer. But the sages say: “Only the blasphemer and the idolater are hanged.” A man is hanged with his face towards the spectators, but a woman with her face towards the gallows, according to Rabbi Eliezer. But the sages say: a man is hanged, but not a woman. Rabbi Eliezer said to them: “But did not Shimon ben Shetah hang women at ashkelon?” They said: “[On that occasion] he hanged eighty women, even though two must not be tried on the same day. How is he hanged? The post is sunk into the ground with a [cross-] piece branching off [at the top] and he brings his hands together one over the other and hangs him up [thereby]. R. Jose said: the post is leaned against the wall, and he hangs him up the way butchers do. He is immediately let down. If he is left [hanging] over night, a negative command is thereby transgressed, for it says, “You shall not let his corpse remain all night upon the tree, but you must bury him the same day because a hanged body is a curse against god” (Deut. 21:23). As if to say why was he hanged? because he cursed the name [of god]; and so the name of Heaven [God] is profaned.

If he intended to kill an animal but killed a man, or [he intended to kill] a non-Jew and he killed an Israelite, or [if he intended to kill] a prematurely born child [who was bound to die in any case] and he killed a viable child, he is not liable. If he intended to strike him on his loins, and the blow was insufficient to kill [when struck] on his loins, but struck the heart instead, where it was sufficient to kill, and he died he is not liable. If he intended to strike him on the heart, where it was sufficient to kill but struck him on the loins, where it was not sufficient to kill, and yet he died, he is not liable. If he intended to strike an adult, and the blow was insufficient to kill [an adult], but the blow landed on a child, whom it was enough to kill, and he died, he is not liable. If he intended to strike a child with a blow sufficient to kill a child, but struck an adult, for whom it was insufficient to kill, and yet he died, he is not liable. But if he intended to strike his loins with sufficient force to kill, but struck the heart instead, he is liable. If he intended to strike an adult with a blow sufficient to kill an adult, but struck a child instead, and he died, he is liable. Rabbi Shimon said: “Even if he intended to kill one but killed another, he is not liable.”

If a murderer became mixed up with others, they are all exempted [from the death penalty]. R. Judah said: they are placed in a cell. If a number of persons condemned to different types of sentences became mixed with one another, they are executed by the most lenient. If criminals condemned to stoning [became mixed up] with others condemned to burning, Rabbi Shimon said: they are stoned, because burning is severer. But the sages say they are burned, because stoning is severer. Rabbi Shimon said to them: “If burning was not severer, it would not be decreed for a priest's adulterous daughter.” They replied: “If stoning was not severer, it would not be the penalty of a blasphemer and an idolater.” If men condemned to decapitation became mixed up with others condemned to strangling, Rabbi Shimon said: “They are [all] decapitated.” The sages say: “They are [all] strangled.”

If a murderer became mixed up with others, they are all exempted [from the death penalty]. R. Judah said: they are placed in a cell. If a number of persons condemned to different types of sentences became mixed with one another, they are executed by the most lenient. If criminals condemned to stoning [became mixed up] with others condemned to burning, Rabbi Shimon said: they are stoned, because burning is severer. But the sages say they are burned, because stoning is severer. Rabbi Shimon said to them: “If burning was not severer, it would not be decreed for a priest's adulterous daughter.” They replied: “If stoning was not severer, it would not be the penalty of a blasphemer and an idolater.” If men condemned to decapitation became mixed up with others condemned to strangling, Rabbi Shimon said: “They are [all] decapitated.” The sages say: “They are [all] strangled.”

If a murderer became mixed up with others, they are all exempted [from the death penalty]. R. Judah said: they are placed in a cell. If a number of persons condemned to different types of sentences became mixed with one another, they are executed by the most lenient. If criminals condemned to stoning [became mixed up] with others condemned to burning, Rabbi Shimon said: they are stoned, because burning is severer. But the sages say they are burned, because stoning is severer. Rabbi Shimon said to them: “If burning was not severer, it would not be decreed for a priest's adulterous daughter.” They replied: “If stoning was not severer, it would not be the penalty of a blasphemer and an idolater.” If men condemned to decapitation became mixed up with others condemned to strangling, Rabbi Shimon said: “They are [all] decapitated.” The sages say: “They are [all] strangled.”

“And you shall gather all its spoil into the public square” (Deut. 13:17): if it had no public square, one is made for it; if the public square was outside of [the city], it is brought within it. “And you shall burn with fire the city, and all its spoil as a whole burnt offering for the Lord your God” (ibid.): “And all its spoil”, but not the spoil of heaven. From here they said, the holy objects in the city must be redeemed and the heave offerings (terumoth) allowed to rot; and the second tithe and the sacred writings hidden. “A whole burnt offering for the Lord your God”: Rabbi Shimon said: “The holy Blessed One declared, ‘If you execute judgment upon the seduced city, I will ascribe merit to you as though you had sacrificed to me a whole offering.’” “And it shall remain an everlasting ruin, never to be rebuilt”: it may not be made even into gardens and orchards, according to the words of Rabbi Yose the Galilean. Rabbi Akiva says: “Never to be rebuilt”: it may not be built as it was, but it may be made into gardens and orchards. “Let nothing that has been doomed stick to your hand, in order that the Lord may turn His blazing anger and show you compassion” (Deut. 13:18): as long as the wicked exist in the world, there is blazing anger in the world; when the wicked perish from the world, blazing anger disappears from the world.

“A person shall be put to death only on the testimony of two witnesses or three witnesses” (Deuteronomy 17:6). If the testimony is sufficiently established by two witnesses, why does Scripture [further] specify three? This is to compare two to three: just as three are competent to incriminate two as perjurers, so are two competent to incriminate three as perjurers. How do we know [that two or three can even incriminate] a hundred? The Torah states “witnesses”. Rabbi Shimon says: “Just as two witnesses are not put to death until both have been incriminated as perjurers, so three are not put to death until all three have been incriminated as perjurers. How do we know [that two or three can even incriminate] a hundred? The Torah states “witnesses”. Rabbi Akiba says: “The third witness was only mentioned in order to be stringent upon him and make his judgement the same as the other two. And if Scripture thus penalizes one who consorts with those who commit a transgression, as [if he is actually] one of those who commits the transgression, how much more so shall he who consorts with those who perform commandments receive a reward as [if he is actually] one of those who performs the commandments!”

If one fled after having been convicted at a court and again comes up before the same court, the [first] judgment is not set aside. Wherever two witnesses stand up and declare, “We testify that so and so was tried and convicted at a certain court and that so and so were the witnesses” the accused is executed. [Trials before] a sanhedrin are customary both in the land [of Israel] and outside it. A sanhedrin that executes once in seven years, is called murderous. Rabbi Eliezer b. Azariah Says: once in seventy years. Rabbi Tarfon and Rabbi Akiva say: “Had we been members of a sanhedrin, no person would ever be put to death. Rabban Shimon ben Gamaliel remarked: “They would also multiply murderers in Israel.”

The father goes into banishment for [the death of] his son, and the son goes into banishment for [that of] his father. All go into banishment for [the death of] an Israelite, and Israelites go into banishment on their account, except for a resident alien. And a resident alien does not go into banishment except for [the death of another] resident alien. A blind person does not go into banishment, the words of Rabbi Judah. Rabbi Meir says: “He goes into banishment.” An enemy does not go into banishment. Rabbi Yose bar Judah says: “An enemy is executed, for it is as if he has been warned.” Rabbi Shimon says: “There is an enemy that goes into banishment and there is an enemy that does not go into banishment: wherever it can be said that he had killed [his victim] wittingly, he goes not into banishment, and where he had slain unwittingly, he goes into banishment.

An unclean person who ate holy meat (Leviticus 7:20, 12:4); One who entered the sanctuary while unclean (Leviticus 12:4, Numbers 5:3, 19:13); One who ate forbidden fat or blood (Leviticus 3:16, 7:23-27); Or leftover sacrificial meats (Leviticus 19:6-8); Or sacrifices that had been offered up with improper intention (Leviticus 7:18); Or [an offering] that has became unclean (Leviticus 7:19); One who slaughters, or offers up a sacrifice, outside the Temple precincts (Leviticus 17:4); One who ate leavened [bread] during Passover (Exodus 12:15,; One who partakes of food [or drink] or does work on the Day of Atonement (Leviticus 23:27-31); One who puts together the ingredients for the [anointing] oil, or the ingredients for the incense, or anoints with the oil for anointing (Exodus 30:22-28): One who eats an animal that died a natural death (Deuteronomy 14:21); Or was improperly slaughtered (Exodus 22:30); Or any of the [creatures deemed] ‘abominable’ and ‘teeming’ (Leviticus 11:11,. One who eats non-tithed produce, or first-tithe from which heave offering has not been removed, or unredeemed second-tithe, or unredeemed sanctified property. How much untithed produce is one to eat to become liable? Rabbi Shimon says: “Any amount.” The Sages say: “An olive's size.” Rabbi Shimon said to them: “Do you not admit that if one ate the minutest ant that he would be liable? They said to him: “[Only] because it is a whole creature.” He said to them: “Even a grain of wheat is a whole entity.”

An unclean person who ate holy meat (Leviticus 7:20, 12:4); One who entered the sanctuary while unclean (Leviticus 12:4, Numbers 5:3, 19:13); One who ate forbidden fat or blood (Leviticus 3:16, 7:23-27); Or leftover sacrificial meats (Leviticus 19:6-8); Or sacrifices that had been offered up with improper intention (Leviticus 7:18); Or [an offering] that has became unclean (Leviticus 7:19); One who slaughters, or offers up a sacrifice, outside the Temple precincts (Leviticus 17:4); One who ate leavened [bread] during Passover (Exodus 12:15,; One who partakes of food [or drink] or does work on the Day of Atonement (Leviticus 23:27-31); One who puts together the ingredients for the [anointing] oil, or the ingredients for the incense, or anoints with the oil for anointing (Exodus 30:22-28): One who eats an animal that died a natural death (Deuteronomy 14:21); Or was improperly slaughtered (Exodus 22:30); Or any of the [creatures deemed] ‘abominable’ and ‘teeming’ (Leviticus 11:11,. One who eats non-tithed produce, or first-tithe from which heave offering has not been removed, or unredeemed second-tithe, or unredeemed sanctified property. How much untithed produce is one to eat to become liable? Rabbi Shimon says: “Any amount.” The Sages say: “An olive's size.” Rabbi Shimon said to them: “Do you not admit that if one ate the minutest ant that he would be liable? They said to him: “[Only] because it is a whole creature.” He said to them: “Even a grain of wheat is a whole entity.”

He who writes an incision on his skin [is flogged]. If he writes [on his flesh] without incising, or incises without writing, he is not liable, until he writes and incises with ink, eye-paint or anything that lasts. Rabbi Shimon ben Judah says in the name of Rabbi Shimon: “He is not liable until he has written there the name [of a god], as it is says: “Nor shall you incise any marks on yourselves; I am the Lord” (Leviticus 19:28).

He who writes an incision on his skin [is flogged]. If he writes [on his flesh] without incising, or incises without writing, he is not liable, until he writes and incises with ink, eye-paint or anything that lasts. Rabbi Shimon ben Judah says in the name of Rabbi Shimon: “He is not liable until he has written there the name [of a god], as it is says: “Nor shall you incise any marks on yourselves; I am the Lord” (Leviticus 19:28).

All who have incurred [the penalty of] kareth, on being flogged are exempt from their punishment of kareth, for it says, “[He may be given up to forty lashes, but not more] ... lest your brother shall be dishonored before your eyes” (Deut. 25;3) once he has been lashed he is [considered] “your brother”, the words of Rabbi Hananiah ben Gamaliel. Rabbi Hananiah ben Gamaliel said: “Just as one who transgresses one transgression forfeits his life, how much more does one who performs one commandment have his life granted him.” Rabbi Shimon says: “You can learn this from its own passage; as it says: “[All who do any of those abhorrent things] such persons shall be cut off from their people” (Lev. 18:29), and it says: “You shall keep my statutes and my ordinances which if a man do, he shall live by them” (Lev. 18:5), which means that one who desists from transgressing is granted reward like one who performs a precept. Rabbi Shimon bar Rabbi says: Behold [the Torah] says, “But makes sure that you do not partake of the blood; for the blood is the life, and you must not consume the life with the flesh…[that it may go well with you and with your descendents to come..” (Deut. 12:23-25”-- now, if in the case of blood which a person’s soul loathes, anyone who refrains from it receives reward, how much more so in regard to robbery and sexual sin for which a person’s soul craves and longs shall one who refrains from them acquire merit for himself and for generations and generations to come, to the end of all generations!

All who have incurred [the penalty of] kareth, on being flogged are exempt from their punishment of kareth, for it says, “[He may be given up to forty lashes, but not more] ... lest your brother shall be dishonored before your eyes” (Deut. 25;3) once he has been lashed he is [considered] “your brother”, the words of Rabbi Hananiah ben Gamaliel. Rabbi Hananiah ben Gamaliel said: “Just as one who transgresses one transgression forfeits his life, how much more does one who performs one commandment have his life granted him.” Rabbi Shimon says: “You can learn this from its own passage; as it says: “[All who do any of those abhorrent things] such persons shall be cut off from their people” (Lev. 18:29), and it says: “You shall keep my statutes and my ordinances which if a man do, he shall live by them” (Lev. 18:5), which means that one who desists from transgressing is granted reward like one who performs a precept. Rabbi Shimon bar Rabbi says: Behold [the Torah] says, “But makes sure that you do not partake of the blood; for the blood is the life, and you must not consume the life with the flesh…[that it may go well with you and with your descendents to come..” (Deut. 12:23-25”-- now, if in the case of blood which a person’s soul loathes, anyone who refrains from it receives reward, how much more so in regard to robbery and sexual sin for which a person’s soul craves and longs shall one who refrains from them acquire merit for himself and for generations and generations to come, to the end of all generations!

Where there is no knowledge [of the impurity] either at the beginning or at the end, the goats offered as sin-offerings on festivals and new months bring atonement, the words of Rabbi Judah. Rabbi Shimon says: “The festival goats atone [for such sins] and not the new moon goats. And for what do the new month goats bring atonement? For a pure man who ate impure holy food.” Rabbi Meir says: “All the goats have equal powers of atonement for imparting impurity to the Temple and holy food. Rabbi Shimon used to say: “The new month goats bring atonement for a pure man who ate impure holy food; and the festival goats atone for transgression of the laws of impurity where there was no knowledge either at the beginning or at the end; and the ‘outer’ goat of the Day of Atonement atones for transgression of these laws where there was no knowledge at the beginning but there was knowledge at the end. They said to him: “Is it permitted to offer up the goat set apart for one day on another?” He said to them: “Let it be offered.” They said to him: “Since they are not equal in the atonement they bring how can they take each other's place?” He replied: “They are all at least equal [in the wider sense] in that they bring atonement for transgressions of the laws of impurity in connection with the temple and holy food.”

Where there is no knowledge [of the impurity] either at the beginning or at the end, the goats offered as sin-offerings on festivals and new months bring atonement, the words of Rabbi Judah. Rabbi Shimon says: “The festival goats atone [for such sins] and not the new moon goats. And for what do the new month goats bring atonement? For a pure man who ate impure holy food.” Rabbi Meir says: “All the goats have equal powers of atonement for imparting impurity to the Temple and holy food. Rabbi Shimon used to say: “The new month goats bring atonement for a pure man who ate impure holy food; and the festival goats atone for transgression of the laws of impurity where there was no knowledge either at the beginning or at the end; and the ‘outer’ goat of the Day of Atonement atones for transgression of these laws where there was no knowledge at the beginning but there was knowledge at the end. They said to him: “Is it permitted to offer up the goat set apart for one day on another?” He said to them: “Let it be offered.” They said to him: “Since they are not equal in the atonement they bring how can they take each other's place?” He replied: “They are all at least equal [in the wider sense] in that they bring atonement for transgressions of the laws of impurity in connection with the temple and holy food.”

Rabbi Shimon ben Judah said in his name [of Rabbi Shimon (bar Yohai)]: “The new month goats bring atonement for a pure person who ate impure holy food; the festival goats, in addition to bringing atonement for a pure person who ate impure holy food, atone also for a case where there was no knowledge either at the beginning or at the end; the ‘outer’ goat of the Day of Atonement, in addition to bringing atonement for a pure person who ate impure holy food and for a case where there was no knowledge either at the beginning or at the end, atones also for a case where there was no knowledge at the beginning but there was knowledge at the end. They said to him: “Is it permitted to offer up the goat set apart for one day on another?” He said, “Yes.” They [further] said to him: “Granted that the Day of Atonement goat may be offered up on the new month, but how can the new month goat be offered up on the Day of Atonement to bring atonement for a sin that is not within its scope?” He replied: “They are all at least equal [in the wider sense] in that they bring atonement for transgressions of the laws of impurity in connection with the temple and holy food.”

Rabbi Shimon ben Judah said in his name [of Rabbi Shimon (bar Yohai)]: “The new month goats bring atonement for a pure person who ate impure holy food; the festival goats, in addition to bringing atonement for a pure person who ate impure holy food, atone also for a case where there was no knowledge either at the beginning or at the end; the ‘outer’ goat of the Day of Atonement, in addition to bringing atonement for a pure person who ate impure holy food and for a case where there was no knowledge either at the beginning or at the end, atones also for a case where there was no knowledge at the beginning but there was knowledge at the end. They said to him: “Is it permitted to offer up the goat set apart for one day on another?” He said, “Yes.” They [further] said to him: “Granted that the Day of Atonement goat may be offered up on the new month, but how can the new month goat be offered up on the Day of Atonement to bring atonement for a sin that is not within its scope?” He replied: “They are all at least equal [in the wider sense] in that they bring atonement for transgressions of the laws of impurity in connection with the temple and holy food.”

[The scapegoat] brings atonement to Israelites, priests, and the anointed high priest alike. What [then] is the difference between Israelites, priests, and the anointed high priest? [None], save that the bullock [offered on the Day of Atonement] brings atonement to the priests for transgressions of the laws of impurity in connection with the temple and holy food. Rabbi Shimon says: “Just as the blood of the goat that is offered within [the Holy of Holies] brings atonement for Israelites, so the blood of the bullock [offered on the Day of Atonement] brings atonement for priests; and just as the confession of sins pronounced over the scapegoat brings atonement for Israelites, so the confession pronounced over the bullock brings atonement for priests.

“I swear I shall not eat,” and he ate foods which are not fit to be eaten, and drank liquids which are not fit to be drunk, he is exempt. “I swear I shall not eat,” and he ate carrion, trefot, and reptiles and creepy things, he is liable. Rabbi Shimon exempts him. He said, “I vow that my wife shall not benefit from me, if I have eaten today,” and he had eaten carrion, trefot, forbidden animals, or reptiles, his wife is prohibited to him.

The oath of testimony: How is it done? If he said to two [persons]: “Come and bear testimony for me”; [and they replied:] “We swear we know no testimony for you”; Or they said to him: “We know no testimony for you”, [and he said:] “I adjure you” and they said, “Amen! “, they are liable. If he adjured them five times outside the court, and the they came to the court and admitted [knowledge of testimony], they are exempt. If they denied, they are liable for each [oath]. If he adjured them five times before the court, and they denied [knowledge of testimony], they are liable only once. Said Rabbi Shimon: “What is the reason? Because they cannot afterwards admit [knowledge].

The oath of deposit how? If he said to him: “Give me my deposit which I have in your possession” [and the other replied:] “I swear that you have nothing in my possession”; or he replied to him; “You have nothing in my possession,” [and the depositor said:] “I adjure you”, and he responded, “Amen!”, he is liable. If he adjured him five times, whether before the court or not before the court, and he denied, he is liable for each one. Rabbi Shimon said: “What is the reason? Because he can retract and admit.”

If five claimed from him, and said to him: “Give us the deposit that we have in your possession,” [and he replied:] “I swear that you have nothing in my possession,” he is liable only once. [If he said:] “I swear that you have nothing in my possession, nor you, nor you,” he is liable for each one. Rabbi Eliezer says: “Only if he says, ‘I swear’ at the end.” Rabbi Shimon says: “Only if he says, ‘I swear’ to each one.” “Give me the deposit, loan, theft, and lost object that I have in your possession,” [and he replied], “I swear that you do not have these in my possession,” he is liable only once. “I swear that you do not have in my possession a deposit, a loan, a theft, and a lost object,” he is liable for each one. “Give me the wheat, barley, and spelt that I have in your possession”, [and he replied], “I swear that you do not have these in my possession,” he is liable only once. “I swear that you do not have in my possession wheat, barley, and spelt,” he is liable for each one. Rabbi Meir said: “Even if he said, ‘... A grain of wheat, barley and spelt,’ he is liable for each one.

“You raped or seduced my daughter” and the other says, “I did not rape, nor seduce,” “I adjure you,” and he responds, “Amen!” he is liable. Rabbi Shimon exempts him, for he does not pay a fine on his own admission. They said to him: “Even though he does not pay a fine on his own admission, he still pays for the shame and blemish [to the girl], based on his own admission.

And these are the things for which no oath is imposed: slaves, bonds, lands, and dedicated objects. [The law of] paying double, or four or five times the value, does not apply to them. An unpaid guardian does not take an oath, and a paid guardian does not pay. Rabbi Shimon says: “For dedicated objects for which he is responsible an oath is imposed and for [dedicated objects] for which he is not responsible an oath is not imposed.

So too they have said that she who impairs her kethubah [by admitting that it had already been partially paid] cannot receive [the remainder of the] payment except on oath; And that if one witness testifies against her that it [the kethubah] has been paid [in full], she cannot receive payment except on oath; And that from assigned property or orphans’ property she cannot exact payment [for her kethubah] except on oath; And that if she claims [her kethubah] not in his presence, she cannot receive payment except on oath. So, too, orphans cannot receive payment except on oath [namely]: “We swear that our father did not enjoin in his will, neither did our father say unto us, nor did we find [written] among the documents of our father that this document is paid.” Rabbi Yochanan ben Beroka says: “Even if the son was born after his father’s death he may take an oath, and collect his claim.” Rabban Shimon ben Gamaliel said: “If there are witnesses that the father said at the time of his death that this document was not paid, he receives [his claim] without an oath.”

Rabbi Joshua ben. Bathyra testified concerning the blood of carcasses that it was pure. Rabbi Shimon ben Bathyra testified concerning the ashes of purification, that if a defiled person had touched part of them he had defiled the whole of them. Rabbi Akiva added in regard to the fine flour, the incense, the frankincense, and the coals, that if a tevul yom had touched part of them he had made the whole of them unfit.

Rabbi Joshua said: I have received a tradition from Rabban Yohanan ben Zakkai, who heard it from his teacher, and his teacher [heard it] from his teacher, as a halakhah [given] to Moses from Sinai, that Elijah will not come to pronounce unclean or to pronounce clean, to put away or to bring near, but to put away those brought near by force and to bring near those put away by force. The family of Beth Tzriphah was on the other side of the Jordan and Ben Zion put it away by force; and yet another family was there, and Ben Zion brought it near by force. It is such as these that Elijah will come to pronounce unclean or to pronounce clean, to put away or to bring near. Rabbi Judah says: to bring near, but not to put away. Rabbi Shimon says: to conciliate disputes. And the Sages say: neither to put away nor to bring near, but to make peace in the world, for it is said, “Behold I send to you Elijah the prophet”, etc., “and he shall turn the heart of the fathers to the children and the heart of the children to their fathers” (Malachi 3:23-2.

The following things belonging to non-Jews are forbidden [for Jews to use] and the prohibition extends to any benefit that may be derived from them: wine, or a non-Jew’s vinegar that was formerly wine, Hadrianic earthenware, skins pierced at the animal’s heart. Rabban Shimon ben Gamaliel says: when its tear is round, [the skin] is forbidden, but if oblong it is permitted. Meat which is being brought into a place of idol worship is permitted, but that which is brought out is forbidden, because it is like a sacrifice to the dead, this is the opinion of Rabbi Akiba. With non-Jews going on a pilgrimage [to worship idols] it is forbidden to have any business transactions, but with those returning it is permitted.

All images are prohibited because they are worshipped once a year, according to the opinion of Rabbi Meir; But the Sages say: [an image] is not prohibited except one that has a staff or bird or orb in its hand. Rabban Shimon b. Gamaliel says: any [image] which has anything in its hand [is prohibited].

If one finds utensils upon which is the figure of the sun or moon or a dragon, he casts them into the Dead Sea. Rabban Shimon ben Gamaliel says: if [one of these figures] is upon precious utensils they are prohibited, but if upon common utensils they are permitted. Rabbi Yose says: he may grind [an idol] to powder and scatter it to the wind or throw it into the sea. They said to him, even so it may then become manure, as it says, “let nothing that has been proscribed stick to your hand (Deuteronomy 13:18)”.

There are three types of shrines: A shrine originally built for idolatrous worship behold this is prohibited. If one plastered and tiled [an ordinary house] for idolatry and renovated it, one may remove the renovations. If he had only brought an idol into it and taken it out again, [the house] is permitted. There are three kinds of [idolatrous] stones: A stone which a man hewed originally to serve as a pedestal [for an idol] behold this is prohibited. If one plastered and tiled [a stone] for idolatry, one may remove the plaster and tile, and it is then permitted. If he set an idol upon it and took it off, behold [the stone] is permitted. There are three kinds of asherah: a tree which has originally been planted for idolatry behold this is prohibited. If he chopped and trimmed [a tree] for idolatry, and its sprouted afresh, he removes the new growth. If he only set [an idol] under it and took it away, behold the tree is permitted. What is an asherah? Any [tree] beneath which there is an idol. Rabbi Shimon says: any [tree] which is worshipped. It happened at Sidon that there was a tree which was worshipped and they found a heap of stones beneath it. Rabbi Shimon said to them, “examine this heap.” They examined it and discovered an image in it. He said to them, “since it is the image that they worship, we permit the tree for you.”

There are three types of shrines: A shrine originally built for idolatrous worship behold this is prohibited. If one plastered and tiled [an ordinary house] for idolatry and renovated it, one may remove the renovations. If he had only brought an idol into it and taken it out again, [the house] is permitted. There are three kinds of [idolatrous] stones: A stone which a man hewed originally to serve as a pedestal [for an idol] behold this is prohibited. If one plastered and tiled [a stone] for idolatry, one may remove the plaster and tile, and it is then permitted. If he set an idol upon it and took it off, behold [the stone] is permitted. There are three kinds of asherah: a tree which has originally been planted for idolatry behold this is prohibited. If he chopped and trimmed [a tree] for idolatry, and its sprouted afresh, he removes the new growth. If he only set [an idol] under it and took it away, behold the tree is permitted. What is an asherah? Any [tree] beneath which there is an idol. Rabbi Shimon says: any [tree] which is worshipped. It happened at Sidon that there was a tree which was worshipped and they found a heap of stones beneath it. Rabbi Shimon said to them, “examine this heap.” They examined it and discovered an image in it. He said to them, “since it is the image that they worship, we permit the tree for you.”

If a non-Jew was found standing by the side of a vat of wine, if he had loaned money to the Jew, then [the wine] is prohibited; but should he not have loaned money to the Jew, then it is permitted. If [a non-Jew] fell into a vat and climbed out, or measured it with a reed, or flicked out a hornet with a reed, or tapped on the top of a frothing cask All of these things actually happened, and [the Rabbis] said that the wine may be sold, but Rabbi Shimon permits it [even to be drunk]. If [a non-Jew] took a cask, and in his anger threw it into the vat this actually happened and [the Rabbis] declared it fit [for drinking].

If [an Jew] prepares a non-Jew's wine in a state of ritual purity and leaves it in [the non-Jew’s] domain, in a house which is open to the public domain, should it be in a city where non-Jews and Jews reside, it is permitted. But should it be in a city where only non-Jews reside it is prohibited unless [an Jew] sits and guard. There is no need for the guard to sit and watch [the whole time]; even if he keeps going out and coming in it is permitted. Rabbi Shimon ben Eleazar says: it is all one with the domain of a non-Jew.

If a non-Jew was transporting jars of wine together with a Jew from place to place, and it was presumed that [the wine] was under guard, it is permitted. But if [the Jew] informed him that he was going away [and he was absent a length of time] sufficient for the other to bore a hole [in a jar], stop it up and [the sealing clay] to become dry, [the wine is prohibited]. Rabban Shimon ben Gamaliel says: [a length of time] sufficient for him to open a cask, put a new stopper on and [the new stopper] to become dry.

If [a Jew] left his wine in a wagon or on a ship while he went along a short cut, entered a town and bathed, it is permitted. But if [the Jew] informed him that he was going away [and he was absent a length of time] sufficient for the other to bore a hole [in a jar], stop it up and [the sealing clay] to become dry, [the wine is prohibited]. Rabban Shimon ben Gamaliel says: [a length of time] sufficient for him to open a cask, put a new stopper on and [the new stopper] to become dry. If [a Jew] left a non-Jew in his shop, although he kept going in and out, [the wine there] is permitted. But if [the Jew] informed him that he was going away [and he was absent a length of time] sufficient for the other to bore a hole [in a jar], stop it up and [the sealing clay] to become dry, [the wine is prohibited]. Rabban Shimon ben Gamaliel says: [a length of time] sufficient for him to open a cask, put a new stopper on and [the new stopper] to become dry.

If [a Jew] left his wine in a wagon or on a ship while he went along a short cut, entered a town and bathed, it is permitted. But if [the Jew] informed him that he was going away [and he was absent a length of time] sufficient for the other to bore a hole [in a jar], stop it up and [the sealing clay] to become dry, [the wine is prohibited]. Rabban Shimon ben Gamaliel says: [a length of time] sufficient for him to open a cask, put a new stopper on and [the new stopper] to become dry. If [a Jew] left a non-Jew in his shop, although he kept going in and out, [the wine there] is permitted. But if [the Jew] informed him that he was going away [and he was absent a length of time] sufficient for the other to bore a hole [in a jar], stop it up and [the sealing clay] to become dry, [the wine is prohibited]. Rabban Shimon ben Gamaliel says: [a length of time] sufficient for him to open a cask, put a new stopper on and [the new stopper] to become dry.

If yen nesekh fell into a vat, the whole of it is prohibited for use. Rabban Shimon ben Gamaliel says: the whole of it may be sold to non-Jews with the exception of [a quantity corresponding to] the value of the yen nesekh in it.

Shimon the Righteous was one of the last of the men of the great assembly. He used to say: the world stands upon three things: the Torah, the Temple service, and the practice of acts of piety.

Antigonus a man of Socho received [the oral tradition] from Shimon the Righteous. He used to say: do not be like servants who serve the master in the expectation of receiving a reward, but be like servants who serve the master without the expectation of receiving a reward, and let the fear of Heaven be upon you.

Yose ben Yoezer (a man) of Zeredah and Yose ben Yohanan (a man) of Jerusalem received [the oral tradition] from them [i.e. Shimon the Righteous and Antigonus]. Yose ben Yoezer used to say: let thy house be a house of meeting for the Sages and sit in the very dust of their feet, and drink in their words with thirst.

Judah ben Tabbai and Shimon ben Shetach received [the oral tradition] from them. Judah ben Tabbai said: do not [as a judge] play the part of an advocate; and when the litigants are standing before you, look upon them as if they were [both] guilty; and when they leave your presence, look upon them as if they were [both] innocent, when they have accepted the judgement.

Shimon ben Shetach used to say: be thorough in the interrogation of witnesses, and be careful with your words, lest from them they learn to lie.

Shimon, his son, used to say: all my days I grew up among the sages, and I have found nothing better for a person than silence. Study is not the most important thing, but actions; whoever indulges in too many words brings about sin.

Rabban Shimon ben Gamaliel used to say: on three things does the world stand: On justice, on truth and on peace, as it is said: “execute the judgment of truth and peace in your gates” (Zechariah 8:16).

Rabban Yohanan ben Zakkai received [the oral tradition] from Hillel and Shammai. He used to say: if you have learned much Torah, do not claim credit for yourself, because for such a purpose were you created. Rabban Yohanan ben Zakkai had five disciples and they were these: Rabbi Eliezer ben Hyrcanus, Rabbi Joshua ben Hananiah, Rabbi Yose, the priest, Rabbi Shimon ben Nethaneel and Rabbi Eleazar ben Arach. He [Rabbi Johanan] used to list their outstanding virtues: Rabbi Eliezer ben Hyrcanus is a plastered cistern which loses not a drop; Rabbi Joshua ben Hananiah happy is the woman that gave birth to him; Rabbi Yose, the priest, is a pious man; Rabbi Simeon ben Nethaneel is one that fears sin, And Rabbi Eleazar ben Arach is like a spring that [ever] gathers force. He [Rabbi Yohanan] used to say: if all the sages of Israel were on one scale of the balance and Rabbi Eliezer ben Hyrcanus on the other scale, he would outweigh them all. Abba Shaul said in his name: if all the sages of Israel were on one scale of the balance, and Rabbi Eliezer ben Hyrcanus also with them, and Rabbi Eleazar ben Arach on the other scale, he would outweigh them all.

He [Rabban Yohanan] said unto them: go forth and observe which is the right way to which a man should cleave? Rabbi Eliezer said, a good eye; Rabbi Joshua said, a good companion; Rabbi Yose said, a good neighbor; Rabbi Shimon said, foresight. Rabbi Elazar said, a good heart. He [Rabban Yohanan] said to them: I prefer the words of Elazar ben Arach, for in his words your words are included. He [Rabban Yohanan] said unto them: go forth and observe which is the evil way which a man should shun? Rabbi Eliezer said, an evil eye; Rabbi Joshua said, an evil companion; Rabbi Yose said, an evil neighbor; Rabbi Shimon said, one who borrows and does not repay for he that borrows from man is as one who borrows from God, blessed be He, as it is said, “the wicked borrow and do not repay, but the righteous deal graciously and give” (Psalms 37:21). Rabbi Elazar said, an evil heart. He [Rabban Yohanan] said to them: I prefer the words of Elazar ben Arach, for in his words your words are included.

He [Rabban Yohanan] said unto them: go forth and observe which is the right way to which a man should cleave? Rabbi Eliezer said, a good eye; Rabbi Joshua said, a good companion; Rabbi Yose said, a good neighbor; Rabbi Shimon said, foresight. Rabbi Elazar said, a good heart. He [Rabban Yohanan] said to them: I prefer the words of Elazar ben Arach, for in his words your words are included. He [Rabban Yohanan] said unto them: go forth and observe which is the evil way which a man should shun? Rabbi Eliezer said, an evil eye; Rabbi Joshua said, an evil companion; Rabbi Yose said, an evil neighbor; Rabbi Shimon said, one who borrows and does not repay for he that borrows from man is as one who borrows from God, blessed be He, as it is said, “the wicked borrow and do not repay, but the righteous deal graciously and give” (Psalms 37:21). Rabbi Elazar said, an evil heart. He [Rabban Yohanan] said to them: I prefer the words of Elazar ben Arach, for in his words your words are included.