split
384 occurrences across the corpus
The Jerusalem Talmud
The waiter who ate the volume of an olive when he was near the oven, if he is intelligent he fills his belly from it. If they want to honor him, they come and eat with him near the oven; otherwise they give him his part and he eats at his place. There, they are saying, this is Rebbi Simeon’s, since they did not hear what Rebbi Hila, Rebbi Issy, Rebbi Eleazar said in the name of Rebbi Hoshaia: Everybody agrees that at the start they may split, at the end they may not split. Where do they disagree? When they were sitting and a beam cracked over them. Rebbi Simeon says, part of them remove themselves and eat at another place, but the rabbis say, no part of them may remove themselves and eat at another place.
MISHNAH: What did he do? He split the shiny strip; half of it he bound on the rock and half of it he bound between its horns. Then he pushed it backwards, it rolled descending. It did not reach half of the declivity before it dissolved into limbs. He goes and sits under the last hut until nightfall. From when on does he make garments impure? From when he exits the wall of Jerusalem; Rebbi Simeon says, from when he pushes on the crag.
Only if he wants that the loss be his and the gain for the endowment it is permitted. As the following: Bar Zemina was appointed for property of orphans. He came and asked Rebbi Mana, who told him, if you want that the loss be yours and the gain be split among you it is permitted. Rebbi Ḥiyya bar Ada was appointed for property of orphans and acted in this way.
Rebbi Maluk in the name of Rebbi Joshua ben Levi: If the spine is split it is as if the leaves were spread out. Date-palm palms. Rebbi Tarphon says, tied date-palms. Rebbi Aqiba says, palms of date palms as they are called. Rebbi Jehudah says, if they are spread out he shall tie them together.
HALAKHAH: Rav and Samuel. One said hallelu yah, and the other one said hallēluja. For him who said hallelu yah it is split but cannot be erased. For him who said hallelujah it may be erased but cannot be split. We do not know who said what. Since Rav said, I heard from my uncle, if somebody would give me a book of Psalms written by Rebbi Meïr I could erase all hallelujah in it since he did not intend to sanctify them. This implies that he said hallelujah. The words of the rabbis disagree, as Rebbi Simon said in the name of Rebbi Joshua ben Levi, the book of Psalms was said with ten expressions of praise, with “hail”, with “excellence”, with melody, with song, with chant, with instruction, with shout, with thanksgiving, with prayer, with blessing. The most beatific of all of them is hallelujah since both the Name and praise are contained in it.
HALAKHAH: Rav and Samuel. One said hallelu yah, and the other one said hallēluja. For him who said hallelu yah it is split but cannot be erased. For him who said hallelujah it may be erased but cannot be split. We do not know who said what. Since Rav said, I heard from my uncle, if somebody would give me a book of Psalms written by Rebbi Meïr I could erase all hallelujah in it since he did not intend to sanctify them. This implies that he said hallelujah. The words of the rabbis disagree, as Rebbi Simon said in the name of Rebbi Joshua ben Levi, the book of Psalms was said with ten expressions of praise, with “hail”, with “excellence”, with melody, with song, with chant, with instruction, with shout, with thanksgiving, with prayer, with blessing. The most beatific of all of them is hallelujah since both the Name and praise are contained in it.
Rebbi Ze`ira, Ulla bar Ismael in the name of Rebbi Eleazar: With pilgrimage well-being offerings which were slaughtered on the eve of a festival one does not satisfy his obligation for the pilgrimage. Rebbi Abba objected, was it not stated: With the pilgrimage offering of the Fourteenth one fulfills the obligation of joy but one does not fulfill the one of well-being offerings? Rebbi Ze`ira said, explain it that he slaughtered it on the holiday. Rebbi Abba said, if he slaughtered it on the holiday it is not a festival offering of the Fourteenth. What about it? Rebbi Ze`ira said, when we still were there, we heard stated Ulla bar Ismael in the name of Rebbi Eleazar. When we came up to here we heard stated, Rebbi Ḥiyya in the name of Rebbi Eleazar: only be joyful, to add the night of the (last) [first] festival day for joy. Or maybe also the nights of the (first) [last] day of the festival? Only split. Rebbi Ḥiyya in the name of Rebbi Eleazar: and you shall be jouyouson your festival of pilgrimage. When you are obligated for a sacrifice of pilgrimage you are obligated for joy. They objected, did we not state, hallel and joy eight? Think of it, if the first day of the holiday falls on a Sabbath! He cannot slaughter on the eve of the holiday since Rebbi Ze`ira, Ulla bar Ismael in the name of Rebbi Eleazar said, with pilgrimage well-being offerings which were slaughtered on the eve of a festival one does not satisfy his obligation for the pilgrimage. He cannot slaughter on the holiday since we already have learned that the pilgrimage offering does not push aside the Sabbath. When did they say, Hallel and joy eight? Rebbi Yose said, Rav Eudaimon the emigrant explained it for Cohanim and the goat.
Did they not already go for Elul? But to announce that the new Moon has been sanctified. Rebbi Joshua ben Levi said, I am a guarantor for those who go to Nemurin that none of them will die when going. There they were concerned about the Great Fast two days. Rav Ḥisda told them, why do you bring yourselves into this serious doubt? The presumption is that the Court will not tarry in this matter. The father of Rebbi Samuel bar Rav Isaac was concerned for himself and fasted two days. His intestine split and he died.
HALAKHAH: They wanted to say that they do not disagree. It was found stated , Rebbi Yose qualifies one from cattle but the Sages disqualify. What is the reason (of the rabbis) [of Rebbi Yose]? It will be when the ram’s horn sounds. What is the reason (of Rebbi Yose) [of the rabbis]? Better than a cattle bull, sporting a horn, split-hoofed. It is written “of horn”. And the rabbis? All shofarot are called horn and are called shofar except from cattle which is called horn but is not called shofar. They objected, there is that from mountain goat which is called neither horn nor shofar! What about it? Following what Rebbi Levi said, there is a difference because no accuser becomes a defense attorney.
MISHNAH: A shofar which was split and glued together is disqualified. If one glued together pieces of shofarot it is disqualified. If it was pierced and he plugged it, if it obstructs blowing it is disqualified, otherwise it is qualified.
HALAKHAH: “A shofar which was split and glued together is disqualified.” For whom is this needed? For Rebbi Nathan. “If one glued together pieces of shofarot it is disqualified.” This also is Rebbi Nathan’s. “If it was pierced and he plugged it,” Rebbi Ḥiyya in the name of Rebbi Joḥanan, it is Rebbi Nathan’s, as it was stated, if it was pierced and then repaired, whether with its own kind or another kind, if it obstructs blowing it is disqualified, otherwise it is qualified; Rebbi Nathan says, with its own kind it is qualified, not with its own kind it is disqualified. Rebbi Ḥiyya in the name of Rebbi Joḥanan: so is the Mishnah: “if it was obstructing blowing it is disqualified, otherwise it is qualified.” Rebbi Abba bar Zemina in the name of Rebbi Ze`ira: Only if he plugged it. But if he did not plug it it is qualified since all sounds of a shofar are qualified.
A calf born on a holiday is permitted since it permits itself by slaughter. Rebbi Ze`ira asked, in that case an animal kept outside should be permitted since it permits itself by slaughter, deer should be permitted since it permits itself by slaughter. Rebbi Ze`ira came back and said, a calf is fully formed the day before, but here it was born on the day it was fully formed. Rebbi Abba said, this follows him who said that an animal gives birth after split months; but what is for him who said, an animal gives birth after a fixed number of months? Think of it, that he knew when a male had mounted it. A pigeon chick born on a holiday is permitted since it permits itself by slaughter; did we not state, an egg which had started to develop, and chicks which do not yet have wings are forbidden as abomination, but one does not whip because of carcass meat? And Rebbi Ḥaggai said, even if he slaughtered them. Rebbi Abun said, explain it about those born with wings.
Rebbi said to his son Rebbi Simeon, climb up and bring us dried figs from the upper floor. He said to him, is it not forbidden because of muqṣeh? He retorted, are you still holding that? Nothing but figs and grapes can be forbidden because of muqzeh! Rebbi Samuel bar Sosartai: Because they stink in between. Rebbi Ze`ira asked before Rebbi Yasa: Is it not reasonable to hold that the case involved split dates? He said to him, that is my opinion also. Rebbi Yose ben Rebbi Abun, Rebbi Isaac bar Bisna in the name of Rebbi Joḥanan: The case involved split dates.
Rebbi said to his son Rebbi Simeon, climb up and bring us dried figs from the upper floor. He said to him, is it not forbidden because of muqṣeh? He retorted, are you still holding that? Nothing but figs and grapes can be forbidden because of muqzeh! Rebbi Samuel bar Sosartai: Because they stink in between. Rebbi Ze`ira asked before Rebbi Yasa: Is it not reasonable to hold that the case involved split dates? He said to him, that is my opinion also. Rebbi Yose ben Rebbi Abun, Rebbi Isaac bar Bisna in the name of Rebbi Joḥanan: The case involved split dates.
MISHNAH: One does not split logs nor a log which broke on the holiday. Also one does split neither with a hatchet, nor with a sickle, nor with a plane, but with a dagger. From a room full of produce which was blocked but became accessible one takes from the opening. Rebbi Meïr says, also one freshly makes accessible and takes.
MISHNAH: One does not split logs nor a log which broke on the holiday. Also one does split neither with a hatchet, nor with a sickle, nor with a plane, but with a dagger. From a room full of produce which was blocked but became accessible one takes from the opening. Rebbi Meïr says, also one freshly makes accessible and takes.
HALAKHAH: “One does not split logs nor a log which broke.” That is, a log which broke on the holiday. But a log which broke on the eve of a holiday is permitted if it cannot be called an implement. But if it can be called an implement even if it broke on the eve of a holiday it is forbidden.
“Nor with a sickle.” There are Tannaim who state that one splits, and [there are Tannaim who state that one does not split. Rav Ḥisda said,] he who said one splits, with a hand-held sickle; he who says one does not split, with a scythe.
“Nor with a sickle.” There are Tannaim who state that one splits, and [there are Tannaim who state that one does not split. Rav Ḥisda said,] he who said one splits, with a hand-held sickle; he who says one does not split, with a scythe.
Rebbi Ḥanina bar Yaqqa in the name of Rav Jehudah: The roots of wheat split the earth to a depth of 50 cubits. The soft roots of a fig tree split rock. If this is so, what do the roots of the carob or the roots of the sycamore do? Rebbi Ḥanina said, once every thirty days the abyss wells up and drenches them. What is the reason? I, the Eternal, watch over it and water it in.” [It has been stated: Rebbi Simeon ben Eleazar says, the earth drinks only according to its hardness.]
Rebbi Ḥanina bar Yaqqa in the name of Rav Jehudah: The roots of wheat split the earth to a depth of 50 cubits. The soft roots of a fig tree split rock. If this is so, what do the roots of the carob or the roots of the sycamore do? Rebbi Ḥanina said, once every thirty days the abyss wells up and drenches them. What is the reason? I, the Eternal, watch over it and water it in.” [It has been stated: Rebbi Simeon ben Eleazar says, the earth drinks only according to its hardness.]
HALAKHAH: Rav Ḥuna said, three people reading in the Torah shall not do less than ten verses. Ḥizqiah said, corresponding to the Ten Commandments. But did we not state, “on Sunday, In the Beginning and there shall be a spread”? And these are only eight! Rebbi Idi said, Cahana and Assi disagreed. One said, he repeats. But the other said, he splits. He who says that he repeats, he repeats two verses. He who says he splits, he splits it was evening, it was morning, as a separate verse. But did we not state, “on Monday, there shall be a spread and the waters shall come together”? One said, he repeats. But the other said, he splits. He who says that he repeats, he repeats two verses. He who says he splits, he could not split. Rebbi Philippos ben Perita objected before Rebbi Ze`ira, is there not the paragraph about Amalek? He said to him, there is a difference since this is the topic of the day. Rebbi Eleazar from Merom asked before Rebbi Jonah; was it not stated, the one who reads the conclusion from Prophets should not do less than 21 verses?
It was stated: The people of the watch are fasting every day. On Monday they were fasting for travellers at sea; God commanded, there shall be a spread in midst of the water. On Tuesday they are fasting for road travellers; God commanded, the waters under the sky shall congregate. On Wednesday they are fasting for children that diphteria should not develop in their mouths; God commanded, there shall be lights. “Curses” is written. On Thursday they are fasting that pregnant women should not miscarry and that the children of nursing women should not die; God commanded, let the waters teem with living creepers. They fasted neither on Friday nor on Sunday in order to honor the Sabbath. It was stated: The Great Synhedrion was fasting with them. Can the Synhedrion fast every day? They split themselves into clans. “One does not fast for two reasons simultaneously, from the following: we rose and asked of our God for this.” Rebbi Tanḥuma said, not because of this but because of the following, to ask for mercy from the God of Heaven for this secret. For if there were two reasons, such as a drought and locusts, one blows the shofar about them. When Rebbi Ḥaggai went for a fast, he said before them: Our brothers, even though in our hearts are many worries, this is for what we came.
HALAKHAH: Therefore vessels used to prepare food are forbidden. But did he not make the vow about food? Rebbi Simeon ben Laqish: so is the Mishnah: The only difference between one who is under a vow {not to have} usufruct from another and one who is under a vow about use for food. In the House of Rebbi it was stated thus: “One who is under a vow about use of food should not borrow from him a fine or coarse sieve, a grindstone, or an oven.” It was stated: But he may borrow from him cups and bowls and fruit bowls, since these are not used to prepare food, only to serve food. Pans and pots are forbidden. To mill grain and to press grapes is forbidden. Harvesting grain is a problem, harvesting grapes is a problem. What kind of usufruct of food? It was stated: But he may borrow an axe from him. We wanted to say, an axe to split. Explain it by a hatchet for weeding, and you cannot infer anything. Rebbi Abuna said, that zwsta since one removes and separates the bran from flour with it, it is like a sieve.
It is required that he write on leather on the place of the hair and on parchment on the place of its split. If he changed this, he disqualified it. One should not write half of it on leather and half of it on parchment, but he may write on leather from a pure domestic animal and half on leather from a pure wild animal. One only writes on leather from a pure animal. What is the reason? That the Eternal’s teaching be in your mouth, from what you are putting into your mouth. But was it not stated, one writes on leather from carcasses and torn animals? The kind which you are putting into your mouth. One makes a staff at the end of a book, but for the Torah one on both sides. Therefore one rolls a book up to its beginning but the Torah to its middle. Rebbi Samuel, Rebbi Ze`ira in the name of Rav Ḥiyya bar Joseph: Even two sheets. Rebbi Ze`ira, Samuel bar Shilat in the name of Kahana: but only at the place of the suture. Rebbi Aḥa in the name of Rebbi Samuel bar Naḥman: A scroll which has no cover one turns on the writing so the writing should not be degraded.
It was stated: Rebbi Yose says, the family Ḥagira were professional scribes in Jerusalem, who were erasing Sabaoth since it is a profane substantive at another place, the military commanders take position at the head of the people. All Names written regarding our father Abraham are holy except one which is profane, it was when the gods made me err from my father’s house. But some are saying, this one also is holy, “for unless God, they already would have made me err.” All Names written regarding Micha are profane, even though they are written with YH, except one which is holy, all time that the House of God was at Siloh. All Names written regarding Naboth, even though they are written with EL are holy, Naboth cursed God and King. But “merciful and compassionate, patient and full of grace, King of kings, elevated, and great, and awesone, and supreme, powerful, just, straight, saintly, flawless, strong,” these are profane. The following are the names which cannot be split: Amiel, Amishadday, Ṣuriel, Ṣurishaddai, Gamliel, Pedahzur, Pedahel, may not be split These are names that may be split, Beth-El, Beth-Awen, getting angry, I shall get angry, Poti-phera, Ṣafenath-Paneaḥ.
It was stated: Rebbi Yose says, the family Ḥagira were professional scribes in Jerusalem, who were erasing Sabaoth since it is a profane substantive at another place, the military commanders take position at the head of the people. All Names written regarding our father Abraham are holy except one which is profane, it was when the gods made me err from my father’s house. But some are saying, this one also is holy, “for unless God, they already would have made me err.” All Names written regarding Micha are profane, even though they are written with YH, except one which is holy, all time that the House of God was at Siloh. All Names written regarding Naboth, even though they are written with EL are holy, Naboth cursed God and King. But “merciful and compassionate, patient and full of grace, King of kings, elevated, and great, and awesone, and supreme, powerful, just, straight, saintly, flawless, strong,” these are profane. The following are the names which cannot be split: Amiel, Amishadday, Ṣuriel, Ṣurishaddai, Gamliel, Pedahzur, Pedahel, may not be split These are names that may be split, Beth-El, Beth-Awen, getting angry, I shall get angry, Poti-phera, Ṣafenath-Paneaḥ.
It was stated: Rebbi Yose says, the family Ḥagira were professional scribes in Jerusalem, who were erasing Sabaoth since it is a profane substantive at another place, the military commanders take position at the head of the people. All Names written regarding our father Abraham are holy except one which is profane, it was when the gods made me err from my father’s house. But some are saying, this one also is holy, “for unless God, they already would have made me err.” All Names written regarding Micha are profane, even though they are written with YH, except one which is holy, all time that the House of God was at Siloh. All Names written regarding Naboth, even though they are written with EL are holy, Naboth cursed God and King. But “merciful and compassionate, patient and full of grace, King of kings, elevated, and great, and awesone, and supreme, powerful, just, straight, saintly, flawless, strong,” these are profane. The following are the names which cannot be split: Amiel, Amishadday, Ṣuriel, Ṣurishaddai, Gamliel, Pedahzur, Pedahel, may not be split These are names that may be split, Beth-El, Beth-Awen, getting angry, I shall get angry, Poti-phera, Ṣafenath-Paneaḥ.
Rav and Samuel. One said hallelu yah, and the other one said hallēluja. For him who said hallelu yah it is split but cannot be erased. For him who said hallelujah it may be erased but cannot be split. We do not know who said what. Since Rav said, I heard from my uncle, if somebody would give me a book of Psalms written by Rebbi Meïr I could erase all hallelujah in it since he did not intend to sanctify them. This implies that he said hallelujah. The words of the rabbis disagree, as Rebbi Simon said in the name of Rebbi Joshua ben Levi, the book of Psalms was said with ten expressions of praise, with “hail”, with “excellence”, with melody, with song, with chant, with instruction, with shout, [with thanksgiving,] with prayer, with blessing. The most beatific of all of them is hallelujah since both the Name and praise are contained in it.
Rav and Samuel. One said hallelu yah, and the other one said hallēluja. For him who said hallelu yah it is split but cannot be erased. For him who said hallelujah it may be erased but cannot be split. We do not know who said what. Since Rav said, I heard from my uncle, if somebody would give me a book of Psalms written by Rebbi Meïr I could erase all hallelujah in it since he did not intend to sanctify them. This implies that he said hallelujah. The words of the rabbis disagree, as Rebbi Simon said in the name of Rebbi Joshua ben Levi, the book of Psalms was said with ten expressions of praise, with “hail”, with “excellence”, with melody, with song, with chant, with instruction, with shout, [with thanksgiving,] with prayer, with blessing. The most beatific of all of them is hallelujah since both the Name and praise are contained in it.
One writes Torah and Prophets together, the words of Rebbi Meïr. But the Sages are saying, one does not write Torah and Prophets together, but one may write Torah, Prophets, and Hagiographs together. Rebbi Jeremiah in the name of Rebbi Samuel bar Rav Isaac: Torah and Ḥumashim have the same sanctity. One does not split a Torah into Ḥumashim, but one turns Ḥumashim into a Torah. Rebbi Yose said, this implies that a Torah which was split into Ḥumashim remains in its sanctity. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: One does not read in public from an incomplete Torah. But was it not stated: It is permitted to read in public in Genesis up to the deluge, in Leviticus up to it was on the eighth day, in Numbers up to it was when the Ark travelled? This Ursicinus set fire to the Torah of the Sennabarites. They came and asked Rebbi Jonah and Rebbi Yose, whether one may read from the scroll in public. They told them, it is forbidden. Not that it is forbidden but since they will feel so badly they will buy another one.
One writes Torah and Prophets together, the words of Rebbi Meïr. But the Sages are saying, one does not write Torah and Prophets together, but one may write Torah, Prophets, and Hagiographs together. Rebbi Jeremiah in the name of Rebbi Samuel bar Rav Isaac: Torah and Ḥumashim have the same sanctity. One does not split a Torah into Ḥumashim, but one turns Ḥumashim into a Torah. Rebbi Yose said, this implies that a Torah which was split into Ḥumashim remains in its sanctity. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: One does not read in public from an incomplete Torah. But was it not stated: It is permitted to read in public in Genesis up to the deluge, in Leviticus up to it was on the eighth day, in Numbers up to it was when the Ark travelled? This Ursicinus set fire to the Torah of the Sennabarites. They came and asked Rebbi Jonah and Rebbi Yose, whether one may read from the scroll in public. They told them, it is forbidden. Not that it is forbidden but since they will feel so badly they will buy another one.
HALAKHAH: “One does not interrupt curses.” Rebbi Ḥiyya bar Gamda said, do not be repelled by his reproach, do not split it into many thorns. Rebbi Levi said, the Holy One, praise to Him, said that it is not logical that My children be cursed and I praised. Rebbi Yose ben Rebbi Abun said, not because of that reason but because one who stands up to read in the Torah needs to start with something good and conclude with something good. Levi bar Paṭi asked Rav Ḥuna: these curses which we read as one, should one recite a benediction before and after? He said to him, nothing needs a benediction before and after except the curses in Leviticus and the curses in Deuteronomy. Rebbi Jonathan the scribe of Gufta came down here; he saw Bar Abuna reading the Song of the Well and recite a benediction before and after. He said to him, does one do this? He answered him, you still are about this? All songs need a benediction before and after. Rebbi Simon was asked. Rebbi Simon told them in the name of Rebbi Joshua ben Levi, only the Song on the Sea, and the Ten Commandments, and the curses [in Leviticus and the curses] in Deuteronomy need a benediction before and after. Rebbi Abbahu said, I did not hear. It seems reasonable for the Ten Commandments. Rebbi Yose ben Rebbi Abun: the eight verses in Deuteronomy need a benediction before and after. Without this do not the one who starts and the one who finishes recite the benediction before and after? But it is needed for a New Moon which falls on a Sabbath.
HALAKHAH: Rav Ḥuna said, three people reading in the Torah shall not do less than ten verses. Ḥizqiah said, corresponding to the Ten Commandments [But did we not state, “on Sunday, In the Beginning and there shall be a spread”? And these are only eight! Rebbi Idi said, Cahana and Assi disagreed. One said, he repeats. But the other said, he splits. He who says that he repeats, he repeats two verses. He who says he splits, he splits it was evening, it was morning, as a separate verse. But did we not state, “on Monday, there shall be a spread and the waters shall come together”? He who says that he repeats, he repeats two verses. He who says he splits, he could not split. Rebbi Philippos ben Protos objected before Rebbi Jonah, is there not the paragraph about Amalek? He said to him, there is a difference since this is the topic of the day.] Rebbi Eleazar from Merom asked, was it not stated, the one who reads the conclusion from Prophets should not do less than 21 verses. Should there not be 23? Three for ten, three for ten, and one three.
MISHNAH: One does not split the Shema`, nor stand in front of the Ark, nor lift his hands nor read in the Torah, nor close with Prophets, nor proceed standing and sitting, nor recite benedictions for mourners or bridegrooms, nor say Grace invoking the Name, with less than ten attendants; in matters of real estate nine and a Cohen, and similarly about humans.
“The child.” Rebbi Jeremiah and Rebbi Ayvo bar Naggari were sitting. They said, we have stated: Who is a child? Any who cannot ride on his father’s shoulder.” And can a child hear and can a child speak? They turned around and said, all your males, to include the child. Or should we say, to include the deaf-mute? So they should hear and learn, to exclude (the child) [the deaf-mute. Or should we say, so they should hear and learn, to exclude the child?] Rebbi Yose said, since one verse excludes and one verse includes, I am including the child who will be able to come in the future, and excluding the deaf-mute who will not be able to come in the future. Samuel bar Abba asked before Rebbi Ze`ira: May a deaf-mute child be liable? He said to him, come and see; the permanent dweller (in Heaven) [on earth] and the traveller in the highest Heaven? Since an adult deaf-mute is not liable, a child deaf-mute not a fortiori? Rebbi Jeremiah said, it would have been logical that a child who is no deaf-mute should be not liable. It is the decision of the verse, all your males, to include the child. I would say, but a (child) [adult] deaf-mute should be liable, not to split the practice of males. Therefore what Rebbi Yose said is necessary: since one verse excludes and one verse includes, I am including the child who will be able to come in the future, and excluding the deaf-mute who will not be able to come in the future.
Rebbi Joḥanan said: “One silver obolus and two silver coins are words of the Torah.” Rebbi Yasa stated before Rebbi Joḥanan: The appearance is with anything; the Sages only said: “One silver obolus, two silver coins.” He said to him: Is there anything like that? Rebbi Jonah said, are not all measures determined by the Sages? They said: The volume of an olive from a corpse, the volume of an olive from a cadaver, the volume of a lentil from a dead reptile. The question here is only what Rebbi Hoshaia stated: They should not be seen before Me empty-handed, with anything; the Sages only said: “A silver obolus, two silver coins.” The difficulty is that this is support for the opinion that it is based on words of the Torah. He said that only the Sages instituted: “one silver obolus, two silver coins.” Rebbi Yose ben Rebbi Abun said: Rebbi Joḥanan follows his own opinion and Rebbi Hoshaia follows his own opinion. Rebbi Joḥanan follows his own opinion since Rebbi Joḥanan said that all measures are practice taught by Moses at Sinai; he says that “one obolus and two silver coins are the word of the Torah.” Rebbi Hoshaia follows his own opinion; Rebbi Hoshaia is the one who said: he who eats forbidden food in the present time has to study the quantities; maybe a new court will arise and change the measures for him; then he will know what measure he ate. Therefore he is the one who said, the appearance is with anything; the Sages only said: “one silver obolus, two silver coins.” They said, Rebbi Joḥanan changed his mind about this. Rebbis Jonah and Jonathan said, he did not change his mind; additionally, Rebbi La said in the name of Rebbi Ammi: Ḥizqiah and Rebbi Joḥanan disagreed. Ḥizqiah said, a man may split his obligation for two animals. Rebbi Joḥanan said, nobody may split his obligation for two animals, but for each one he has to have two silver coins in his hand. Rebbi Simeon ben Laqish in the name of Ḥizqiah: A person adjoins an animal to an animal but no person may adjoin money to money. Rebbi Joḥanan said, a person may adjoin money to money but no person may adjoin animals to an animal. What may be done? There were before him ten animals, he sacrificed five of them on the first holiday. May the remainder push aside the last holiday? Rebbi Crispus said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. One said, they push; the other one said, they do not push. We do not know who said what. Rebbi Ze`ira said, we may explain the words of the rabbis by their own words. Rebbi Joḥanan said: a person may adjoin coins to coins but not animals to an animal; he must say, they push. But Rebbi Simeon ben Laqish said, a person adjoins an animal to an animal but no person may adjoin money to money; he must say, they do not push. Simeon bar Abba came in the name of Rebbi Joḥanan: He adds and pushes the holiday further until he says: I do not intend to add further.
Rebbi Joḥanan said: “One silver obolus and two silver coins are words of the Torah.” Rebbi Yasa stated before Rebbi Joḥanan: The appearance is with anything; the Sages only said: “One silver obolus, two silver coins.” He said to him: Is there anything like that? Rebbi Jonah said, are not all measures determined by the Sages? They said: The volume of an olive from a corpse, the volume of an olive from a cadaver, the volume of a lentil from a dead reptile. The question here is only what Rebbi Hoshaia stated: They should not be seen before Me empty-handed, with anything; the Sages only said: “A silver obolus, two silver coins.” The difficulty is that this is support for the opinion that it is based on words of the Torah. He said that only the Sages instituted: “one silver obolus, two silver coins.” Rebbi Yose ben Rebbi Abun said: Rebbi Joḥanan follows his own opinion and Rebbi Hoshaia follows his own opinion. Rebbi Joḥanan follows his own opinion since Rebbi Joḥanan said that all measures are practice taught by Moses at Sinai; he says that “one obolus and two silver coins are the word of the Torah.” Rebbi Hoshaia follows his own opinion; Rebbi Hoshaia is the one who said: he who eats forbidden food in the present time has to study the quantities; maybe a new court will arise and change the measures for him; then he will know what measure he ate. Therefore he is the one who said, the appearance is with anything; the Sages only said: “one silver obolus, two silver coins.” They said, Rebbi Joḥanan changed his mind about this. Rebbis Jonah and Jonathan said, he did not change his mind; additionally, Rebbi La said in the name of Rebbi Ammi: Ḥizqiah and Rebbi Joḥanan disagreed. Ḥizqiah said, a man may split his obligation for two animals. Rebbi Joḥanan said, nobody may split his obligation for two animals, but for each one he has to have two silver coins in his hand. Rebbi Simeon ben Laqish in the name of Ḥizqiah: A person adjoins an animal to an animal but no person may adjoin money to money. Rebbi Joḥanan said, a person may adjoin money to money but no person may adjoin animals to an animal. What may be done? There were before him ten animals, he sacrificed five of them on the first holiday. May the remainder push aside the last holiday? Rebbi Crispus said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. One said, they push; the other one said, they do not push. We do not know who said what. Rebbi Ze`ira said, we may explain the words of the rabbis by their own words. Rebbi Joḥanan said: a person may adjoin coins to coins but not animals to an animal; he must say, they push. But Rebbi Simeon ben Laqish said, a person adjoins an animal to an animal but no person may adjoin money to money; he must say, they do not push. Simeon bar Abba came in the name of Rebbi Joḥanan: He adds and pushes the holiday further until he says: I do not intend to add further.
HALAKHAH: Originally the only disagreement in Israel was about leaning on. Then rose Hillel and Shammai and made it four. After the students of the House of Shammai and students of the House of Hillel increased who did not sufficiently serve their teachers, disagreements increased in Israel and they were split into two sects; these declare impure and those declare pure, and the prior state will not be reconstituted until the arrival of David’s son.
Rebbi Abun bar Ḥiyya asked: may a fistful be offered from two vessels? Rebbi Ḥanin objected, did we not state, “the vessel combines”? If you would say that a fistful can be offered from two vessels, for which purpose did we state “the vessel combines”? Rebbi Eleazar the Southerner said, did not Rebbi Yose bar Zamina say in the name of Rebbi Joḥanan, why did they say, leftovers of flour-offerings do combine together? Because they need their vessel. Here also because they have to be in their vessel. Rebbi Mattaniah said, are not fine flour, and incense, and frankincense, and coals offered in many vessels? Nevertheless you are saying, “the vessel combines”; and here “the vessel combines”. Cahana asked the rabbis there, a flour-offering split in the mixing bowl, if one became impure did the other become impure? They said to him, if one became impure the other became impure. Did impurity jump? They said to him, impurity did jump. Even if another {vessel} was in between? They said to him, even if another {vessel} was in between. Taking a fistful from one on the other? They said to him, we did not hear any tradition, we studied a Mishnah, as what we did state there, “if two flour offerings from which no fistfuls were taken were combined together, if he is able to take a fistful from one separately and from the other separately they are qualified, otherwise disqualified.” Do not the remainders of one interrupt between one and the other? There came Rebbi Jacob bar Aḥa, Rebbi Yasa in the name of Rebbi Joḥanan: If a fistful was taken from one for the other, if one became impure he other became impure. Anything in-between did not become impure. Was it not stated, “one cup? Which makes its contents one.” Rebbi Ḥinena said, a vessel combines only what is tied to it.
If the uncertain [son] comes to take his part in his father’s [inheritance]. one says to him, the other one is your father. If the levir comes to take his part in his brother’s [inheritance], one says to him, that one is his son. How is that? They compromise between themselves and split the property of the deceased. One finds, compromise with his brother is loss to the brothers; competition between the brothers is catastrophy for the brothers. If the old man dies, one finds that certain sons and an uncertain grandson come. If the uncertain [son] dies there exists a certain son of his father’s brother and an uncertain mother. If one of the brothers dies, there is a certain son and an uncertain son of a brother. If the mother of the uncertain [son] dies, there is a certain son and an uncertain husband. If first the uncertain [son] dies and after that his mother, a son of the mother’s brother is certain but the husband uncertain. If the levir dies and the uncertain [son] comes to take his part in his father’s inheritance, if the first one was poor, they tell him, that one is your father. If he was rich, the tell him, we all are brothers, sons of his brother. Come and let us inherit our father’s part and the part of our father’s brother.
MISHNAH: If property came to a woman waiting for her levir, the House of Shammai agree with the House of Hillel that she may sell or give away and it is valid. If she dies, what does one do with her ketubah and property that enters and leaves with her? The House of Shammai say, the husband’s heirs should split with her father’s heirs. But the House of Hillel say that all property remains where it is; the ketubah in the hands of the husband’s heirs and property that enters and leaves with her in the hands of her father’s heirs.
HALAKHAH: “If property came to a woman waiting for her levir,” etc. Here, you say “she may sell or give away and it is valid. If she dies, what does one do with her ketubah?” And you also say “the husband’s heirs should split with her father’s heirs!” Rebbi Yose ben Ḥanina said, when do you say “she may sell or give away and it is valid”? If they came to her before she became a woman waiting for her levir. When do you say “the husband’s heirs should split with her father’s heirs”? If they came to her after she became a woman waiting for her levir. If they came to her before she became a woman waiting for her levir and produced revenue after she became a woman waiting for her levir, [that revenue is as if] they came to her after she became a woman waiting for her levir. Rebbi Ze‘ira said, the levir in this situation is a problem for the House of Shammai. If he is a husband, he inherits everything. If he is not a husband, he inherits nothing. Because of the doubt, “the husband’s heirs should split with her father’s heirs.” For the House of Hillel it is obvious that he is a husband and inherits everything. For even his brother had only the usufruct.
HALAKHAH: “If property came to a woman waiting for her levir,” etc. Here, you say “she may sell or give away and it is valid. If she dies, what does one do with her ketubah?” And you also say “the husband’s heirs should split with her father’s heirs!” Rebbi Yose ben Ḥanina said, when do you say “she may sell or give away and it is valid”? If they came to her before she became a woman waiting for her levir. When do you say “the husband’s heirs should split with her father’s heirs”? If they came to her after she became a woman waiting for her levir. If they came to her before she became a woman waiting for her levir and produced revenue after she became a woman waiting for her levir, [that revenue is as if] they came to her after she became a woman waiting for her levir. Rebbi Ze‘ira said, the levir in this situation is a problem for the House of Shammai. If he is a husband, he inherits everything. If he is not a husband, he inherits nothing. Because of the doubt, “the husband’s heirs should split with her father’s heirs.” For the House of Hillel it is obvious that he is a husband and inherits everything. For even his brother had only the usufruct.
HALAKHAH: “If property came to a woman waiting for her levir,” etc. Here, you say “she may sell or give away and it is valid. If she dies, what does one do with her ketubah?” And you also say “the husband’s heirs should split with her father’s heirs!” Rebbi Yose ben Ḥanina said, when do you say “she may sell or give away and it is valid”? If they came to her before she became a woman waiting for her levir. When do you say “the husband’s heirs should split with her father’s heirs”? If they came to her after she became a woman waiting for her levir. If they came to her before she became a woman waiting for her levir and produced revenue after she became a woman waiting for her levir, [that revenue is as if] they came to her after she became a woman waiting for her levir. Rebbi Ze‘ira said, the levir in this situation is a problem for the House of Shammai. If he is a husband, he inherits everything. If he is not a husband, he inherits nothing. Because of the doubt, “the husband’s heirs should split with her father’s heirs.” For the House of Hillel it is obvious that he is a husband and inherits everything. For even his brother had only the usufruct.
Rebbi Abbahu, Rebbi Eleazar in the name of Rebbi Hoshaiah. If there are two prohibitions and one liability to extirpation, the prohibitions split the extirpation. What is the reason? “On human flesh it may not be rubbed and in its proportions you should not make [a compound] like it.” And it is written: “A man who would compound like it”. Here are two prohibitions and one liability to extirpation. The prohibitions divide the extirpation. This follows Rebbi Ismael, since Rebbi Ismael said one infers from an argument de minore ad majus but one does not punish from an argument de minore ad majus. Where does he have that from? It comes following what Ḥizqiah stated: “If the daughter of a Cohen is desecrated by whoring.” Why does the verse say, “a man”? To include him who cohabits with his daughter’s daughter from a rape that she should be [under sentence of] burning. Rebbi Yose ben Rebbi Abun said, one may even understand this from the warning: “Do not desecrate your daughter.”
If he used it to sprinkle on the sufferer from skin disease, is it acceptable to use it for another sufferer from skin disease? If somebody said it is acceptable, Rebbi Jehudah and Rebbi Eleazar will agree with him. But with him who said, it is disqualified, Rebbi Jehudah and Rebbi Eleazar will disagree. It was stated: Rebbi Jehudah said, it was my Sabbath and I followed Rebbi Tarphon to his house. He said to me, Jehudah, my son, give me my sandals. I gave them to him. He reached with his hand to the window and gave me a stick from there. He said to me, Jehudah, my son, with this one I cleansed three sufferers from skin disease and I taught with it seven practices. That it is yabrut, on its head is a leaf, it is one cubit long, its width is about one fourth that of a bed’s leg (split one into two and two into four), and one sprinkles and repeats and does it a third time, and one purifies when there is a Temple and when there is no Temple, and one purifies in the countryside.
Cahana said, just as they divide here, so they divide at the beginning of the second book of the Pentateuch. Some Tannaïm state: Just as they divide here, so they divide in the standards. The sons of Leah on one side, the sons of Rachel one on one side, the other one on the other side, and the sons of the handmaidens in the middle. Rebbi Mattania said, the reason of this Tanna is: “Hear me, Jacob my servant, Israel my roofed in.” Just as on the roof the thick part of one [beam] is next to the slim part of the other [beam]. Some Tannaïm state: Just as they are split here, so they are split on the stones of the ephod. “In their fulnesses”, that there should be 25 on one side and 25 on the other side. But they are only 49! Rebbi Joḥanan said, “Benjamin” of “and their births” is plene. Rebbi Judah bar Zabida said, Jehoseph is plene, “He put it up as a testimony in Jehoseph.” But they are only 23 on one side and 27 on the other! Rebbi Joḥanan said, Benjamin was split, Ben on one side, Jamin on the other side. Rebbi Zabida said, this is fine. Does it say “their six names”? No, but, “of their names”, not their entire names! The first were written on the right hand side of the High Priest, to the left of the viewer. The last were written on the left hand side of the High Priest, to the right of the viewer. The first ones were not written in order, for Jehudah is king. The last ones were written in order.
Cahana said, just as they divide here, so they divide at the beginning of the second book of the Pentateuch. Some Tannaïm state: Just as they divide here, so they divide in the standards. The sons of Leah on one side, the sons of Rachel one on one side, the other one on the other side, and the sons of the handmaidens in the middle. Rebbi Mattania said, the reason of this Tanna is: “Hear me, Jacob my servant, Israel my roofed in.” Just as on the roof the thick part of one [beam] is next to the slim part of the other [beam]. Some Tannaïm state: Just as they are split here, so they are split on the stones of the ephod. “In their fulnesses”, that there should be 25 on one side and 25 on the other side. But they are only 49! Rebbi Joḥanan said, “Benjamin” of “and their births” is plene. Rebbi Judah bar Zabida said, Jehoseph is plene, “He put it up as a testimony in Jehoseph.” But they are only 23 on one side and 27 on the other! Rebbi Joḥanan said, Benjamin was split, Ben on one side, Jamin on the other side. Rebbi Zabida said, this is fine. Does it say “their six names”? No, but, “of their names”, not their entire names! The first were written on the right hand side of the High Priest, to the left of the viewer. The last were written on the left hand side of the High Priest, to the right of the viewer. The first ones were not written in order, for Jehudah is king. The last ones were written in order.
Cahana said, just as they divide here, so they divide at the beginning of the second book of the Pentateuch. Some Tannaïm state: Just as they divide here, so they divide in the standards. The sons of Leah on one side, the sons of Rachel one on one side, the other one on the other side, and the sons of the handmaidens in the middle. Rebbi Mattania said, the reason of this Tanna is: “Hear me, Jacob my servant, Israel my roofed in.” Just as on the roof the thick part of one [beam] is next to the slim part of the other [beam]. Some Tannaïm state: Just as they are split here, so they are split on the stones of the ephod. “In their fulnesses”, that there should be 25 on one side and 25 on the other side. But they are only 49! Rebbi Joḥanan said, “Benjamin” of “and their births” is plene. Rebbi Judah bar Zabida said, Jehoseph is plene, “He put it up as a testimony in Jehoseph.” But they are only 23 on one side and 27 on the other! Rebbi Joḥanan said, Benjamin was split, Ben on one side, Jamin on the other side. Rebbi Zabida said, this is fine. Does it say “their six names”? No, but, “of their names”, not their entire names! The first were written on the right hand side of the High Priest, to the left of the viewer. The last were written on the left hand side of the High Priest, to the right of the viewer. The first ones were not written in order, for Jehudah is king. The last ones were written in order.
The word of Rebbi Joshua ben Levi implies some are censure and some praise. Since Rebbi Yose said in the name of Rebbi Tanḥum bar Ḥiyya, Rebbi Ḥizqiah, Rebbi Eleazar ben Rebbi Yose, Rebbi Tanḥum, Rebbi Ḥiyya in the name of Rebbi Joshua ben Levi, originally tithe was split into three parts. One third to his acquaintances among Cohanim and Levites, one third to the public treasury, one third to the poor and the fellows in Jerusalem. Rebbi Yose ben Rebbi Abun said, a person who went to court in Jerusalem, up to three letters he paid for himself, from there on from the public treasury. When Eleazar ben Paḥora and Judah ben Pakora came, they took it by force and it would have been in his hand to stop this but he did not but disestablished the declaration of tithes, and this is for censure. But the arousers for praise and the hitters for praise.
It was stated: Rebbi Jehudah said, what was this shamir? It is a creature that existed from the creation of the world and if one shows it stones those would open themselves like the two boards of a pinax, and Solomon built the Temple with it. That is what is written: “During the building of the House, it was built from whole carried stones, and hammers or axe or any iron implement was not heard in the House when it was built.” Rebbi Nehemiah says, they were sawed. That is what is written: “All these were expensive stones, in the measure of ashlars, sawed with a saw inside and out.” Say now, at the building site they were not treated at all but they were finished outside and then brought inside. Rebbi says, the words of Rebbi Jehudah are convincing for the stones of the Temple and those of Rebbi Nehemiah for the stones of Solomon’s palace. But since nothing can withstand it, and even when it was put on a stone or a box sheet it would split it and fall down, what did they do to restrain it? One was binding it with wool fibers and put it into a lead cylinder filled with barley bran. That is what is written: “He enjoys robbing the strong.”
If somebody claimed a mina, the [defendant] denied it, and the [claimant] produced witnesses that the [defendant] owes him 50 [zuz]. The older Rebbi Ḥiyya said, [the defendant] has to swear about the remainder. Rebbi Joḥanan says, he does not have to swear. The older Rebbi Ḥiyya learned it from two who are grabbing a toga, as we have stated there: “Two are grabbing a toga, one says, I found it, and the other says, I found it.” The one who grabs half of it is as if he brought witnesses that that half belongs to him. The other says, “it belongs to me entirely”, and the fact that he grabs half of it is as if he brought witnesses that this half belongs to him. The one who says, “it belongs to me entirely”, swears that not the entire [toga] is the other’s. But he did not hear that Rebbi Hila said in the name of Rebbi Joḥanan that this oath is a rabbinic institution, that a man should not see another in the market and tell him, the toga which you are wearing is mine, come and split your toga with me! Rebbi Abin in the name of Rav: My uncle agrees in the case of a document. How is that? He claimed a mina, the [defendant] denied it, and the [claimant] produced a document that the [defendant] owed him 50 [zuz]. He has only fifty. And Rebbi Yose ben Rebbi Abun said, we can understand it from the following: “‘The amount of … tetradrachmas’ and it was illegible, he owes no less than two. “If it is more, if the lender says five but the borrower says three, Ben Azzay says since he partially agreed to the claim, he has to swear, but the Sages say, what he agreed to is not of the kind which was claimed. Because it was not of the kind which was claimed! Therefore, if it were of the kind which was claimed, he would be obligated. And is it not here that the agreed sum was part of the claim? Everybody agrees that he owes her a mina. But she claimsanother mina from him, to which he does not agree. The burden of proof is on the claimant.
MISHNAH: If a woman waiting for her levir inherited property, the House of Shammai and the House of Hillel agree that if she sells or gives away it is valid. If she died, what shall be done with her ketubah and the properties which enter and leave with her? The House of Shammai say, the husband’s and the father’s heirs shall split it. But the House of Hillel say, the properties are in the hands of the holders; the ketubah in the hands of the husband’s heirs and the properties which enter and leave with her in the hands of the father’s heirs.
HALAKHAH: “If property came to a woman waiting for her levir,” etc. Here, you say “she may sell or give away and it is valid.” And you also say “the husband’s heirs should split with her father’s heirs!” Rebbi Yose ben Ḥanina said, when do you say “she may sell or give away and it is valid”? If they came to her before she became a woman waiting for her levir. When do you say “the husband’s heirs should split with her father’s heirs”? If they came to her after she became a woman waiting for her levir. If they came to her before she became a woman waiting for her levir and produced revenue after she became a woman waiting for her levir, [that revenue is as if] they came to her after she became a woman waiting for her levir. Rebbi Ze‘ira said, the levir in this situation is a problem for the House of Shammai. If he is a husband, he inherits everything. If he is not a husband, he inherits nothing. Because of the doubt, “the husband’s heirs should split with her father’s heirs.” For the House of Hillel it is obvious that he is a husband and inherits everything. For even his brother had only the usufruct.
HALAKHAH: “If property came to a woman waiting for her levir,” etc. Here, you say “she may sell or give away and it is valid.” And you also say “the husband’s heirs should split with her father’s heirs!” Rebbi Yose ben Ḥanina said, when do you say “she may sell or give away and it is valid”? If they came to her before she became a woman waiting for her levir. When do you say “the husband’s heirs should split with her father’s heirs”? If they came to her after she became a woman waiting for her levir. If they came to her before she became a woman waiting for her levir and produced revenue after she became a woman waiting for her levir, [that revenue is as if] they came to her after she became a woman waiting for her levir. Rebbi Ze‘ira said, the levir in this situation is a problem for the House of Shammai. If he is a husband, he inherits everything. If he is not a husband, he inherits nothing. Because of the doubt, “the husband’s heirs should split with her father’s heirs.” For the House of Hillel it is obvious that he is a husband and inherits everything. For even his brother had only the usufruct.
HALAKHAH: “If property came to a woman waiting for her levir,” etc. Here, you say “she may sell or give away and it is valid.” And you also say “the husband’s heirs should split with her father’s heirs!” Rebbi Yose ben Ḥanina said, when do you say “she may sell or give away and it is valid”? If they came to her before she became a woman waiting for her levir. When do you say “the husband’s heirs should split with her father’s heirs”? If they came to her after she became a woman waiting for her levir. If they came to her before she became a woman waiting for her levir and produced revenue after she became a woman waiting for her levir, [that revenue is as if] they came to her after she became a woman waiting for her levir. Rebbi Ze‘ira said, the levir in this situation is a problem for the House of Shammai. If he is a husband, he inherits everything. If he is not a husband, he inherits nothing. Because of the doubt, “the husband’s heirs should split with her father’s heirs.” For the House of Hillel it is obvious that he is a husband and inherits everything. For even his brother had only the usufruct.
Ben Azay says, the heirs of the first say to the heirs of the second: If you are creditors, take what is yours and leave; otherwise let us split evenly between yourselves and us. Rebbi Aqiba said to him: Biblical inheritance “jumped” on the sons of the second; they take their mother’s ketubah and come back to split. Rebbi Mana said, they disagree if there is an excess denar. But if there is no excess denar, even Rebbi Aqiba will agree with Ben Nanas that both parties split evenly. Rebbi Yose ben Rebbi Abun said to him, a situation which was stated without disagreement you turn into a disagreement. They must disagree if there is no excess denar. But if there is an excess denar even Ben Nanas agrees with Rebbi Aqiba that biblical inheritance “jumped” on the sons of the second; they take their mother’s ketubah and come back to split.
Ben Azay says, the heirs of the first say to the heirs of the second: If you are creditors, take what is yours and leave; otherwise let us split evenly between yourselves and us. Rebbi Aqiba said to him: Biblical inheritance “jumped” on the sons of the second; they take their mother’s ketubah and come back to split. Rebbi Mana said, they disagree if there is an excess denar. But if there is no excess denar, even Rebbi Aqiba will agree with Ben Nanas that both parties split evenly. Rebbi Yose ben Rebbi Abun said to him, a situation which was stated without disagreement you turn into a disagreement. They must disagree if there is no excess denar. But if there is an excess denar even Ben Nanas agrees with Rebbi Aqiba that biblical inheritance “jumped” on the sons of the second; they take their mother’s ketubah and come back to split.
Ben Azay says, the heirs of the first say to the heirs of the second: If you are creditors, take what is yours and leave; otherwise let us split evenly between yourselves and us. Rebbi Aqiba said to him: Biblical inheritance “jumped” on the sons of the second; they take their mother’s ketubah and come back to split. Rebbi Mana said, they disagree if there is an excess denar. But if there is no excess denar, even Rebbi Aqiba will agree with Ben Nanas that both parties split evenly. Rebbi Yose ben Rebbi Abun said to him, a situation which was stated without disagreement you turn into a disagreement. They must disagree if there is no excess denar. But if there is an excess denar even Ben Nanas agrees with Rebbi Aqiba that biblical inheritance “jumped” on the sons of the second; they take their mother’s ketubah and come back to split.
Ben Azay says, the heirs of the first say to the heirs of the second: If you are creditors, take what is yours and leave; otherwise let us split evenly between yourselves and us. Rebbi Aqiba said to him: Biblical inheritance “jumped” on the sons of the second; they take their mother’s ketubah and come back to split. Rebbi Mana said, they disagree if there is an excess denar. But if there is no excess denar, even Rebbi Aqiba will agree with Ben Nanas that both parties split evenly. Rebbi Yose ben Rebbi Abun said to him, a situation which was stated without disagreement you turn into a disagreement. They must disagree if there is no excess denar. But if there is an excess denar even Ben Nanas agrees with Rebbi Aqiba that biblical inheritance “jumped” on the sons of the second; they take their mother’s ketubah and come back to split.
MISHNAH: If somebody was married to two women who both died, and then he died, and the orphans demand their mothers’ ketubot, if [the estate] is sufficient only for both ketubot they split evenly. If there was an excess denar, these take their mother’s ketubah and those take their mother’s ketubah. If the orphans say, we accept the properties of our father for the value of an extra denar in order to take their mother’s ketubah; one does not listen to them but one appraises the properties in court.
Rebbi Judah bar Pazi in the name of Rebbi Yose ben Ḥanina: If one of the brothers died, they all split evenly. Rebbi Mana said, that is necessary if they did not yet divide the estate. You should not say that he should be considered nonexistent and his house should inherit from him. If there was a (male) firstborn, you say the firstborn takes a double portion. What does he take? A double portion among his house or among all brothers? Rebbi Hoshaia stated: If there were two groups of daughters, they all split evenly. If there was a firstborn, you say the firstborn takes a double portion. What does he take? A double portion among his house or among all ketubot?
Rebbi Judah bar Pazi in the name of Rebbi Yose ben Ḥanina: If one of the brothers died, they all split evenly. Rebbi Mana said, that is necessary if they did not yet divide the estate. You should not say that he should be considered nonexistent and his house should inherit from him. If there was a (male) firstborn, you say the firstborn takes a double portion. What does he take? A double portion among his house or among all brothers? Rebbi Hoshaia stated: If there were two groups of daughters, they all split evenly. If there was a firstborn, you say the firstborn takes a double portion. What does he take? A double portion among his house or among all ketubot?
MISHNAH: If somebody was married to three women when he died, the ketubah of one was a mina, of the other one 200, and of the other one 300. If the estate is only 100, they divide equally. If it was 200, the one who claims a mina takes 50, and those who claim 200 and 300 each take three gold denars. If it was 300, the one who claims a mina takes 50, the one who claims 200 takes a mina, and the one who claims 300 takes six gold denars. Similarly, if three who invested together lost or gained they would split in this manner.
“Similarly, if three who invested together lost or gained they would split in this manner.” Rebbi Eleazar said: You say that in case the tetradrachma lost or added value. But for earnings or losses they split evenly. That is difficult! One gave 100 denars and the other gave ten, and you say so? The colleagues say, he may say to him, by my contribution the merchandise rose. So far, if they ran after little merchandise. If there was much merchandise? Rebbi Abun bar Ḥiyya said, he may say to him, by the time you sold one piece, I am selling ten. That is, at a nearby place. If it was far away? Rebbi Hila said, he may say to him, by the time you go and return once, I am going and returning ten times. There, we have stated: “If [the ox] gored an ox worth 200, the last one takes 100, the one before him 50, and the two first ones a gold denar.” Rebbi Samuel in the name of Rebbi [Ze‘ira]: The same holds for earnings. Rebbi Yose said, the statement of Rebbi Ze‘ira disagrees with Rebbi Eleazar. Rebbi Mana said before Rebbi Yudan: Does Rebbi Eleazar not agree if they contracted between themselves that each can take according to his contribution? Oxen are as if contracted. He turned around and said, they disagree explicitly: Rebbi Eleazar said, if nothing was said, they split evenly; Rebbi Ze‘ira said, if nothing was said, each takes according to his contribution.
“Similarly, if three who invested together lost or gained they would split in this manner.” Rebbi Eleazar said: You say that in case the tetradrachma lost or added value. But for earnings or losses they split evenly. That is difficult! One gave 100 denars and the other gave ten, and you say so? The colleagues say, he may say to him, by my contribution the merchandise rose. So far, if they ran after little merchandise. If there was much merchandise? Rebbi Abun bar Ḥiyya said, he may say to him, by the time you sold one piece, I am selling ten. That is, at a nearby place. If it was far away? Rebbi Hila said, he may say to him, by the time you go and return once, I am going and returning ten times. There, we have stated: “If [the ox] gored an ox worth 200, the last one takes 100, the one before him 50, and the two first ones a gold denar.” Rebbi Samuel in the name of Rebbi [Ze‘ira]: The same holds for earnings. Rebbi Yose said, the statement of Rebbi Ze‘ira disagrees with Rebbi Eleazar. Rebbi Mana said before Rebbi Yudan: Does Rebbi Eleazar not agree if they contracted between themselves that each can take according to his contribution? Oxen are as if contracted. He turned around and said, they disagree explicitly: Rebbi Eleazar said, if nothing was said, they split evenly; Rebbi Ze‘ira said, if nothing was said, each takes according to his contribution.
“Similarly, if three who invested together lost or gained they would split in this manner.” Rebbi Eleazar said: You say that in case the tetradrachma lost or added value. But for earnings or losses they split evenly. That is difficult! One gave 100 denars and the other gave ten, and you say so? The colleagues say, he may say to him, by my contribution the merchandise rose. So far, if they ran after little merchandise. If there was much merchandise? Rebbi Abun bar Ḥiyya said, he may say to him, by the time you sold one piece, I am selling ten. That is, at a nearby place. If it was far away? Rebbi Hila said, he may say to him, by the time you go and return once, I am going and returning ten times. There, we have stated: “If [the ox] gored an ox worth 200, the last one takes 100, the one before him 50, and the two first ones a gold denar.” Rebbi Samuel in the name of Rebbi [Ze‘ira]: The same holds for earnings. Rebbi Yose said, the statement of Rebbi Ze‘ira disagrees with Rebbi Eleazar. Rebbi Mana said before Rebbi Yudan: Does Rebbi Eleazar not agree if they contracted between themselves that each can take according to his contribution? Oxen are as if contracted. He turned around and said, they disagree explicitly: Rebbi Eleazar said, if nothing was said, they split evenly; Rebbi Ze‘ira said, if nothing was said, each takes according to his contribution.
MISHNAH: If somebody was married to four women when he died, the first one precedes the second, the second the third, and the third the fourth. The first one swears to the second, the second to the third, and the third to the fourth; the fourth is paid out without an oath. Ben Nanas said, should she be preferred because she is the last one? She also should be paid only after an oath. If all [ketubot] were executed on the same day, one who precedes another one even if only by an hour has acquired [precedence]; therefore in Jerusalem one used to note hours. If [the documents] were all executed at the same hour and there is only one mina, they split evenly.
HALAKHAH: “If somebody makes a vow to forbid himself anything made in a pot,” etc. What is made in its heat? For example split spelt, porridge, barley gruel, farina, rice, groats and mashed cereal.
Rebbi Abin in the name of Rebbi Hila: That is only if he vowed before they intercalated. But if they intercalated and then he vowed, that is not so. Is it no different for rent of houses? If one said, the First Adar, and the other one says, the Second Adar, they should split the intercalary month. Come and see, for vows you have no problem but for money matters you have a problem? Rebbi Hila said, that is, if they intercalated and after that he leased. But if he leased and after that they intercalated, that is not so. And in matters of documents one writes First Adar, Second Adar, only that for Second Adar one writes תניין. Rebbi Jehudah says, for Second Adar one writes ת̇ and that is enough.
MISHNAH: If two groups of witnesses were testifying against a person, one group say that he vowed nazir two times, the others say that he vowed nazir five times. The House of Shammai say, the testimony is split and there is no nezirut here. But the House of Hillel say, five contains two; he should be a nazir twice.
It was stated: “Rebbi Ismael and Rebbi Aqiba do not disagree about a person about whom two groups of witnesses testify, that he should be nazir according to the minimal testimony. Where do they disagree? About two witnesses, where the House of Shammai say, the testimony is split and there is no nezirut, but the House of Hillel say, five contains two and he shall be a nazir twice.”
Rebbi [Yose] said to the colleagues: You should know that Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree: If somebody split a limb from a living animal and ate it, everybody agrees that he is free from prosecution. Where do they disagree? If he split it in his mouth before he ate it. Rebbi Joḥanan considers his mouth as inside, Rebbi Simeon ben Laqish considers his mouth as outside. They asked him, what do you say? He answered them, I informed you that mighty mountains disagree, and you ask this? If it is so, even if he split it outside and then ate, he should be guilty! Why? That is how one eats. If somebody split an ant in his mouth and ate it, that is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Maisha asked Rebbi Ze‘ira: If he split a grape in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? He answered, there it is something for which there is a prohibition and impurity. In a circumstance in which its impurity disappeard, its prohibition disappeared. But here is a prohibition and no impurity. Rebbi Abba ben Rebbi Mamal asked: If he split an olive-sized bit of mazzah in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Rebbi Yose ben Rebbi Abun said, in the other cases, his palate did not enjoy an olive sized bit. The rabbis of Caesarea said that Rebbi Nisa asked: If he split in his mouth pomegranate berries which are ‘orlah and ate them, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Where do we hold? If because of fluids, we already did state: “Nothing makes impure as a drink except what comes from olives and grapes.” The rabbis of Caesarea said, explain it if he swallowed them.
Rebbi [Yose] said to the colleagues: You should know that Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree: If somebody split a limb from a living animal and ate it, everybody agrees that he is free from prosecution. Where do they disagree? If he split it in his mouth before he ate it. Rebbi Joḥanan considers his mouth as inside, Rebbi Simeon ben Laqish considers his mouth as outside. They asked him, what do you say? He answered them, I informed you that mighty mountains disagree, and you ask this? If it is so, even if he split it outside and then ate, he should be guilty! Why? That is how one eats. If somebody split an ant in his mouth and ate it, that is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Maisha asked Rebbi Ze‘ira: If he split a grape in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? He answered, there it is something for which there is a prohibition and impurity. In a circumstance in which its impurity disappeard, its prohibition disappeared. But here is a prohibition and no impurity. Rebbi Abba ben Rebbi Mamal asked: If he split an olive-sized bit of mazzah in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Rebbi Yose ben Rebbi Abun said, in the other cases, his palate did not enjoy an olive sized bit. The rabbis of Caesarea said that Rebbi Nisa asked: If he split in his mouth pomegranate berries which are ‘orlah and ate them, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Where do we hold? If because of fluids, we already did state: “Nothing makes impure as a drink except what comes from olives and grapes.” The rabbis of Caesarea said, explain it if he swallowed them.
Rebbi [Yose] said to the colleagues: You should know that Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree: If somebody split a limb from a living animal and ate it, everybody agrees that he is free from prosecution. Where do they disagree? If he split it in his mouth before he ate it. Rebbi Joḥanan considers his mouth as inside, Rebbi Simeon ben Laqish considers his mouth as outside. They asked him, what do you say? He answered them, I informed you that mighty mountains disagree, and you ask this? If it is so, even if he split it outside and then ate, he should be guilty! Why? That is how one eats. If somebody split an ant in his mouth and ate it, that is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Maisha asked Rebbi Ze‘ira: If he split a grape in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? He answered, there it is something for which there is a prohibition and impurity. In a circumstance in which its impurity disappeard, its prohibition disappeared. But here is a prohibition and no impurity. Rebbi Abba ben Rebbi Mamal asked: If he split an olive-sized bit of mazzah in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Rebbi Yose ben Rebbi Abun said, in the other cases, his palate did not enjoy an olive sized bit. The rabbis of Caesarea said that Rebbi Nisa asked: If he split in his mouth pomegranate berries which are ‘orlah and ate them, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Where do we hold? If because of fluids, we already did state: “Nothing makes impure as a drink except what comes from olives and grapes.” The rabbis of Caesarea said, explain it if he swallowed them.
Rebbi [Yose] said to the colleagues: You should know that Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree: If somebody split a limb from a living animal and ate it, everybody agrees that he is free from prosecution. Where do they disagree? If he split it in his mouth before he ate it. Rebbi Joḥanan considers his mouth as inside, Rebbi Simeon ben Laqish considers his mouth as outside. They asked him, what do you say? He answered them, I informed you that mighty mountains disagree, and you ask this? If it is so, even if he split it outside and then ate, he should be guilty! Why? That is how one eats. If somebody split an ant in his mouth and ate it, that is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Maisha asked Rebbi Ze‘ira: If he split a grape in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? He answered, there it is something for which there is a prohibition and impurity. In a circumstance in which its impurity disappeard, its prohibition disappeared. But here is a prohibition and no impurity. Rebbi Abba ben Rebbi Mamal asked: If he split an olive-sized bit of mazzah in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Rebbi Yose ben Rebbi Abun said, in the other cases, his palate did not enjoy an olive sized bit. The rabbis of Caesarea said that Rebbi Nisa asked: If he split in his mouth pomegranate berries which are ‘orlah and ate them, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Where do we hold? If because of fluids, we already did state: “Nothing makes impure as a drink except what comes from olives and grapes.” The rabbis of Caesarea said, explain it if he swallowed them.
Rebbi [Yose] said to the colleagues: You should know that Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree: If somebody split a limb from a living animal and ate it, everybody agrees that he is free from prosecution. Where do they disagree? If he split it in his mouth before he ate it. Rebbi Joḥanan considers his mouth as inside, Rebbi Simeon ben Laqish considers his mouth as outside. They asked him, what do you say? He answered them, I informed you that mighty mountains disagree, and you ask this? If it is so, even if he split it outside and then ate, he should be guilty! Why? That is how one eats. If somebody split an ant in his mouth and ate it, that is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Maisha asked Rebbi Ze‘ira: If he split a grape in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? He answered, there it is something for which there is a prohibition and impurity. In a circumstance in which its impurity disappeard, its prohibition disappeared. But here is a prohibition and no impurity. Rebbi Abba ben Rebbi Mamal asked: If he split an olive-sized bit of mazzah in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Rebbi Yose ben Rebbi Abun said, in the other cases, his palate did not enjoy an olive sized bit. The rabbis of Caesarea said that Rebbi Nisa asked: If he split in his mouth pomegranate berries which are ‘orlah and ate them, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Where do we hold? If because of fluids, we already did state: “Nothing makes impure as a drink except what comes from olives and grapes.” The rabbis of Caesarea said, explain it if he swallowed them.
Rebbi [Yose] said to the colleagues: You should know that Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree: If somebody split a limb from a living animal and ate it, everybody agrees that he is free from prosecution. Where do they disagree? If he split it in his mouth before he ate it. Rebbi Joḥanan considers his mouth as inside, Rebbi Simeon ben Laqish considers his mouth as outside. They asked him, what do you say? He answered them, I informed you that mighty mountains disagree, and you ask this? If it is so, even if he split it outside and then ate, he should be guilty! Why? That is how one eats. If somebody split an ant in his mouth and ate it, that is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Maisha asked Rebbi Ze‘ira: If he split a grape in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? He answered, there it is something for which there is a prohibition and impurity. In a circumstance in which its impurity disappeard, its prohibition disappeared. But here is a prohibition and no impurity. Rebbi Abba ben Rebbi Mamal asked: If he split an olive-sized bit of mazzah in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Rebbi Yose ben Rebbi Abun said, in the other cases, his palate did not enjoy an olive sized bit. The rabbis of Caesarea said that Rebbi Nisa asked: If he split in his mouth pomegranate berries which are ‘orlah and ate them, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Where do we hold? If because of fluids, we already did state: “Nothing makes impure as a drink except what comes from olives and grapes.” The rabbis of Caesarea said, explain it if he swallowed them.
Rebbi [Yose] said to the colleagues: You should know that Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree: If somebody split a limb from a living animal and ate it, everybody agrees that he is free from prosecution. Where do they disagree? If he split it in his mouth before he ate it. Rebbi Joḥanan considers his mouth as inside, Rebbi Simeon ben Laqish considers his mouth as outside. They asked him, what do you say? He answered them, I informed you that mighty mountains disagree, and you ask this? If it is so, even if he split it outside and then ate, he should be guilty! Why? That is how one eats. If somebody split an ant in his mouth and ate it, that is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Maisha asked Rebbi Ze‘ira: If he split a grape in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? He answered, there it is something for which there is a prohibition and impurity. In a circumstance in which its impurity disappeard, its prohibition disappeared. But here is a prohibition and no impurity. Rebbi Abba ben Rebbi Mamal asked: If he split an olive-sized bit of mazzah in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Rebbi Yose ben Rebbi Abun said, in the other cases, his palate did not enjoy an olive sized bit. The rabbis of Caesarea said that Rebbi Nisa asked: If he split in his mouth pomegranate berries which are ‘orlah and ate them, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Where do we hold? If because of fluids, we already did state: “Nothing makes impure as a drink except what comes from olives and grapes.” The rabbis of Caesarea said, explain it if he swallowed them.
Rebbi Ezra asked before Rebbi Mana: If a man and his wife held on to a bill of divorce; she says, I acquired it, but he says, you did not acquire. Does this refer to the disagreement between Rebbi and Rabban Simeon ben Gamliel? Since they disagreed: If creditor and borrower both hold on to the bond; the creditor says it is mine; I had lost it. The borrower says, it is mine because I paid it off. The document should be verified by its signatories, the words of Rebbi. Rabban Simeon ben Gamliel says, they should split. Rebbi Eleazar said, everything depends on who actually holds the signatures of the witnesses. Where do they disagree? If it was written lengthwise and both hold part of the signatures of the witnesses. He said to him, it is everybody’s opinion that it is not a bill of divorce if all is in her hand but a thread is in his hand, for it is written: “He shall deliver it into her hand,” not unless all be in her hand.
HALAKHAH: “If somebody sells his slave to Gentiles,” etc. To a Gentile even in the Land. Who frees him? His original owner pays for him and the second frees him. “Or outside the Land,” even to a Jew. Let us say that if the second owner knew, both of them split the price; otherwise the first pays for him and the second frees him. “I X ben Y sold my slave Z to Antiochia”, he gains his freedom. But if he is in Lydda, he did not gain his freedom. It was stated: A slave goes outside the Land with his master. Therefore, if he sold him there, he is sold. If he came from outside the Land to the Land with the intention to return, one forces him to return. With the intention not to return, one does not force him to return. If he fled from outside the Land to the Land, he may return him. If he fled from the Land to outside the Land, Rebbi Joshia in the name of the Elder Rebbi Ḥiyya said, it is permigtted. The great Rebbi Hoshaia said, it is permitted. Rebbi Marinos, the son of the great Rebbi Hoshaia said, it is forbidden. Rebbi Ze‘ira said, they do not disagree. He who says, it is permitted, if he is used to flee there. But he who says, it is forbidden, if he is not used to flee there. Rebbi Yose said, they do not disagree. He who says, it is permitted, if he can return him from there; but he who says, it is forbidden, if he cannot return him from there.
Rav Jehudah sent asking from Rebbi Eleazar: If brothers split [the estate] and then one of them entered a levirate marriage? He answered, the property of the deceased is like common property. Ulla bar Ismael said, it is found that in Rebbi Eleazar’s opinion there is no difference whether they split and then one of them entered a levirate marriage or one of them entered a levirate marriage and then they split, but all of them share in the property of the deceased. Why did he not say so? He answered what was asked of him. And why did he not ask? Because of what Rebbi Abinna said in the name of Rebbi Assi: If a first-born shared as a common son, it is prima facie evidence that he renounced his prerogative.
Rav Jehudah sent asking from Rebbi Eleazar: If brothers split [the estate] and then one of them entered a levirate marriage? He answered, the property of the deceased is like common property. Ulla bar Ismael said, it is found that in Rebbi Eleazar’s opinion there is no difference whether they split and then one of them entered a levirate marriage or one of them entered a levirate marriage and then they split, but all of them share in the property of the deceased. Why did he not say so? He answered what was asked of him. And why did he not ask? Because of what Rebbi Abinna said in the name of Rebbi Assi: If a first-born shared as a common son, it is prima facie evidence that he renounced his prerogative.
Rav Jehudah sent asking from Rebbi Eleazar: If brothers split [the estate] and then one of them entered a levirate marriage? He answered, the property of the deceased is like common property. Ulla bar Ismael said, it is found that in Rebbi Eleazar’s opinion there is no difference whether they split and then one of them entered a levirate marriage or one of them entered a levirate marriage and then they split, but all of them share in the property of the deceased. Why did he not say so? He answered what was asked of him. And why did he not ask? Because of what Rebbi Abinna said in the name of Rebbi Assi: If a first-born shared as a common son, it is prima facie evidence that he renounced his prerogative.
Rav Jehudah sent and asked Rebbi Eleazar: Brothers who split? He answered, they divide what they are wearing but not what their sons and daughters are wearing. Rebbi Immi said, if one makes an appraisal for his wife, this is counted for himself and becomes part of the common estate to be distributed. If one makes a necklace for his wife, this is not of the common estate to be distributed if it is to be used on weekdays. But if it is made to be used on holidays, it becomes part of the common estate to be distributed. Rebbi Mana said, holiday dresses are distributed. Sabbath dresses are problematic. It is obvious for Rebbi Abin that both holiday and Sabbath dresses become part of the common estate and are distributed. Rebbi Ze‘ira asked before Rebbi Mana: What about spherules? He answered, you understand this since you own many spherules. He said to him, they become part of the common estate to be distributed.
HALAKHAH: “If anything is given instead of money,” etc. There, we have stated: “This is the principle: All movables acquire one another.” Rebbi Abba, Rav Ḥuna in the name of Rav: Even heaps among heaps. Rebbi Eleazar said to him, we have stated only: “If anything is given instead of money,” anything that needs estimation. It turns out that Rebbi Abba follows Rebbi Joḥanan and Rebbi Eleazar his own opinion, as we have stated there: “Brothers having common property who are obligated for agio are free from animal tithe, but if they are obligated for animal tithe they are free from agio.” Rebbi Eleazar said, only if they exchanged kid goats against rams and rams against kid goats. But if they exchanged kid goats against kid goats and rams against rams, that was [the recipient’s] part from the first moment. Rebbi Joḥanan said, even if they exchanged kid goats against kid goats and rams against rams, they are buyers. But we have stated there: “The buyer and the recipient of a gift are free from animal tithe. Brothers having common property who are obligated for agio are free from animal tithe.” When they split and then joined again. “But if they are obligated for animal tithe they are free from agio.” If they never split.
HALAKHAH: “If anything is given instead of money,” etc. There, we have stated: “This is the principle: All movables acquire one another.” Rebbi Abba, Rav Ḥuna in the name of Rav: Even heaps among heaps. Rebbi Eleazar said to him, we have stated only: “If anything is given instead of money,” anything that needs estimation. It turns out that Rebbi Abba follows Rebbi Joḥanan and Rebbi Eleazar his own opinion, as we have stated there: “Brothers having common property who are obligated for agio are free from animal tithe, but if they are obligated for animal tithe they are free from agio.” Rebbi Eleazar said, only if they exchanged kid goats against rams and rams against kid goats. But if they exchanged kid goats against kid goats and rams against rams, that was [the recipient’s] part from the first moment. Rebbi Joḥanan said, even if they exchanged kid goats against kid goats and rams against rams, they are buyers. But we have stated there: “The buyer and the recipient of a gift are free from animal tithe. Brothers having common property who are obligated for agio are free from animal tithe.” When they split and then joined again. “But if they are obligated for animal tithe they are free from agio.” If they never split.
Rebbi Zeïra said, but only if the person does not revert. What is the reason? It does not say “The triple thread will never snap” but rather “The triple thread will not quickly snap.” If you work on it, it will split. Rebbi Ḥuna said in the name of Rebbi Abbahu: There is no forgetting before the Holy One, praise to Him, but for Israel He becomes forgetful. What is the reason? It is written “He forgets sin.” And so David says: “You forgot Your people’s sin, You covered up all their misdeeds, Selah.”
A person gave a pledge to another; the other reneged on it. Rebbi Abba, Rebbi Hila, and Rebbi Jacob bar Aḥa all three say it was a deal about flax seed and he had given partial payment. The case came before Rebbi Joḥanan, who said: Either he delivers the entire contract or one may turn him over to “Him Who exacted retribution.” Rebbi Ḥiyya bar Joseph said, either he delivers for the amount of the pledge or ome may turn him over to “Him Who exacted retribution.” Rebbi Ḥiyya bar Joseph agrees with Rebbi Joḥanan in a sale which is not usually split, such as of a cow or a stole. Is a woman usually acquired split? Rebbi Ḥaggai and Rebbi Yudan both said, a sale usually may be split, the acquisition of a wife cannot be split.
A person gave a pledge to another; the other reneged on it. Rebbi Abba, Rebbi Hila, and Rebbi Jacob bar Aḥa all three say it was a deal about flax seed and he had given partial payment. The case came before Rebbi Joḥanan, who said: Either he delivers the entire contract or one may turn him over to “Him Who exacted retribution.” Rebbi Ḥiyya bar Joseph said, either he delivers for the amount of the pledge or ome may turn him over to “Him Who exacted retribution.” Rebbi Ḥiyya bar Joseph agrees with Rebbi Joḥanan in a sale which is not usually split, such as of a cow or a stole. Is a woman usually acquired split? Rebbi Ḥaggai and Rebbi Yudan both said, a sale usually may be split, the acquisition of a wife cannot be split.
A person gave a pledge to another; the other reneged on it. Rebbi Abba, Rebbi Hila, and Rebbi Jacob bar Aḥa all three say it was a deal about flax seed and he had given partial payment. The case came before Rebbi Joḥanan, who said: Either he delivers the entire contract or one may turn him over to “Him Who exacted retribution.” Rebbi Ḥiyya bar Joseph said, either he delivers for the amount of the pledge or ome may turn him over to “Him Who exacted retribution.” Rebbi Ḥiyya bar Joseph agrees with Rebbi Joḥanan in a sale which is not usually split, such as of a cow or a stole. Is a woman usually acquired split? Rebbi Ḥaggai and Rebbi Yudan both said, a sale usually may be split, the acquisition of a wife cannot be split.
A person gave a pledge to another; the other reneged on it. Rebbi Abba, Rebbi Hila, and Rebbi Jacob bar Aḥa all three say it was a deal about flax seed and he had given partial payment. The case came before Rebbi Joḥanan, who said: Either he delivers the entire contract or one may turn him over to “Him Who exacted retribution.” Rebbi Ḥiyya bar Joseph said, either he delivers for the amount of the pledge or ome may turn him over to “Him Who exacted retribution.” Rebbi Ḥiyya bar Joseph agrees with Rebbi Joḥanan in a sale which is not usually split, such as of a cow or a stole. Is a woman usually acquired split? Rebbi Ḥaggai and Rebbi Yudan both said, a sale usually may be split, the acquisition of a wife cannot be split.
MISHNAH: If somebody split [wood] in a private domain and caused damage in the public domain, in the public domain and caused damage in a private domain, in a private domain and caused damage in another private domain, he is liable.
HALAKHAH: “If somebody split [wood] in a private domain,” etc. Rebbi Yose ben Ḥanina said, if he was splitting wood in his courtyard when a worker entered to claim his wages, and a splinter ricocheted and damaged him, he is liable. If he died he does not go into exile. But did not Rebbi Ḥiyya state, “he is not liable”? They do not disagree. What Rebbi Yose said, if he had seen him, but what Rebbi Ḥiyya said, if he had not seen him. If he had not seen him, once he said to him: enter, {should he not be liable? But did not Rebbi Ḥiyya state, “he is not liable”? Since he told him: enter, he has to take precautions. Some want to say, since he told him to enter it} becomes like the courtyard of partners, about which Rebbi Joḥanan said in the name of Rebbi Yannai: Partners acquire from one another in a courtyard and are mutually liable for damages. But did not Rav say: If he filled the entire public domain? And did this fill the entire public domain? They said, since he walks in the entire courtyard, it is as if he had filled the entire courtyard.
MISHNAH: Two tame bulls which injured one another; one pays half for the excess damage. If both are notorious, one pays in full for the excess damage. One tame and one notorious; the notorious over the tame pays in full for the excess damage; the tame over the notorious pays half for the excess damage. Similarly, two people who injured one another pay in full for the excess damage. A human and a notorious animal, or a notorious animal and a human, one pays in full for the excess damage. A human and a tame animal; the human over the tame pays in full for the excess damage; the tame over the human pays half for the excess damage. Rebbi Akiba says, also a tame animal which injured a human pays the excess damage in full. A bull worth a mina which gored a bull worth 200 and the cadaver is not worth anything; he takes the bull. A bull worth 200 which gored a bull worth 200 and the cadaver is not worth anything; Rebbi Meïr said, about this case it was said: “They shall sell the living bull and split the proceeds.” Rebbi Jehudah said to him, you upheld “they shall sell the living bull and split the proceeds,” but you did not uphold “and also the cadaver they shall split.” What is this? That is a bull worth 200 which gored a bull worth 200 and the cadaver is worth 50 zuz, in which case each owner takes half of the living bull and half from the cadaver.
MISHNAH: Two tame bulls which injured one another; one pays half for the excess damage. If both are notorious, one pays in full for the excess damage. One tame and one notorious; the notorious over the tame pays in full for the excess damage; the tame over the notorious pays half for the excess damage. Similarly, two people who injured one another pay in full for the excess damage. A human and a notorious animal, or a notorious animal and a human, one pays in full for the excess damage. A human and a tame animal; the human over the tame pays in full for the excess damage; the tame over the human pays half for the excess damage. Rebbi Akiba says, also a tame animal which injured a human pays the excess damage in full. A bull worth a mina which gored a bull worth 200 and the cadaver is not worth anything; he takes the bull. A bull worth 200 which gored a bull worth 200 and the cadaver is not worth anything; Rebbi Meïr said, about this case it was said: “They shall sell the living bull and split the proceeds.” Rebbi Jehudah said to him, you upheld “they shall sell the living bull and split the proceeds,” but you did not uphold “and also the cadaver they shall split.” What is this? That is a bull worth 200 which gored a bull worth 200 and the cadaver is worth 50 zuz, in which case each owner takes half of the living bull and half from the cadaver.
MISHNAH: Two tame bulls which injured one another; one pays half for the excess damage. If both are notorious, one pays in full for the excess damage. One tame and one notorious; the notorious over the tame pays in full for the excess damage; the tame over the notorious pays half for the excess damage. Similarly, two people who injured one another pay in full for the excess damage. A human and a notorious animal, or a notorious animal and a human, one pays in full for the excess damage. A human and a tame animal; the human over the tame pays in full for the excess damage; the tame over the human pays half for the excess damage. Rebbi Akiba says, also a tame animal which injured a human pays the excess damage in full. A bull worth a mina which gored a bull worth 200 and the cadaver is not worth anything; he takes the bull. A bull worth 200 which gored a bull worth 200 and the cadaver is not worth anything; Rebbi Meïr said, about this case it was said: “They shall sell the living bull and split the proceeds.” Rebbi Jehudah said to him, you upheld “they shall sell the living bull and split the proceeds,” but you did not uphold “and also the cadaver they shall split.” What is this? That is a bull worth 200 which gored a bull worth 200 and the cadaver is worth 50 zuz, in which case each owner takes half of the living bull and half from the cadaver.
What is Rebbi Meïr’s reason? The verse says, “they shall sell the living bull and split its proceeds.” How does Rebbi Jehudah support “and also the cadaver they shall split”? From here that each one loses half the damages.
What is Rebbi Meïr’s reason? The verse says, “they shall sell the living bull and split its proceeds.” How does Rebbi Jehudah support “and also the cadaver they shall split”? From here that each one loses half the damages.