tarfon

Bet Shammai say: in the evening every man should recline and recite [the Shema], and in the morning he should stand, as it says, “And when you lie down and when you get up” (Deuteronomy 6:7). Bet Hillel say that every man should recite in his own way, as it says, “And when you walk by the way” (ibid). Why then is it said, “And when you lies down and when you get up?” At the time when people lie down and at the time when people rise up. Rabbi Tarfon said: I was once walking by the way and I reclined to recite the Shema according to the words of Bet Shammai, and I incurred danger from robbers. They said to him: you deserved to come to harm, because you acted against the words of Bet Hillel.

If one has eaten grapes, figs or pomegranates he blesses after them three blessings, the words of Rabban Gamaliel. The sages say: one blessing which includes three. Rabbi Akiva says: even if one ate only boiled vegetables and that is his meal, he says after it the three blessings. If one drinks water to quench his thirst, he says “By Whose word all things exist.” Rabbi Tarfon says: “Who creates many living things and their requirements.”

Rabbi Eliezer says: a piece of ground [large enough to plant] one fourth of a kav is liable for peah. Rabbi Joshua says: it must [be large enough] to grow two seahs. Rabbi Tarfon says: it must be six by six handbreadths. R. Judah ben Batera says: [it must be large enough] for a sickle to cut at least two handfuls and the halakhah is according to his words. Rabbi Akiva says: any size of land is liable for peah and for first-fruits, and [is sufficient] for the writing of the prozbul, and also to acquire through it movable property by money, by deed, or by a claim based on undisturbed possession.

One who allows thorns to remain growing in a vineyard: Rabbi Eliezer says: he [thereby] prohibits [the vineyard]. But the sages say: he does not prohibit except if it something that is generally allowed to grow. Iris, ivy, and the king’s lily, and all manner of seeds are not kilayim in a vineyard. [As for] hemp: Rabbi Tarfon said: it is not kilayim, But the sages say it is kilayim. Artichokes are kilayim in a vineyard.

One who wishes to give more terumah: Rabbi Eliezer says: he may give up to a tenth part, as in the case of heave-offering of tithe. [If he gave] more than this [measure] he must make it terumah of tithe for other produce. Rabbi Ishmael says: half non-sacred produce and half terumah. Rabbi Tarfon and Rabbi Akiba say: as long as he retains a part as non-sacred produce.

And it is subject to gleanings, the forgotten sheaf and peah. Poor Israelites and poor priests may glean them, but the poor Israelites must sell theirs to priests for the price of terumah and the money becomes theirs. Rabbi Tarfon says: only poor priests may glean them, lest [the others] forget and put it into their mouths. Rabbi Akiva said to him: if that be so, then only those who are clean should be allowed to glean.

A vine which was planted in a courtyard: one may take a whole cluster [and eat it without tithing]. Similarly with a pomegranate, or a melon, the words of Rabbi Tarfon. Rabbi Akiva says: he can pick single berries from the cluster, or split the pomegranate into slices, or cut slices of melon [and eat without tithing]. Coriander which was sown in a courtyard: one may pluck leaf by leaf and eat [without tithing], but if he ate them together he is liable [for tithes]. Savory and hyssop, and thyme which are in the courtyard, if they are kept watch over, they are liable for tithe.

Vetches of second tithe may be eaten when still tender. And they may be brought into Jerusalem and taken out again. If they became unclean: Rabbi Tarfon says: they must be divided among pieces of dough. But the sages say: they may be redeemed. [Vetches] of terumah: Bet Shammai says: they must be soaked and rubbed in a state of purity, but may be given as food [to an animal] in a state of impurity. Bet Hillel says: they must be soaked [only] in a state of purity, but they may be rubbed and given as food [to an animal] in a state of impurity. Shammai says: they must be eaten dry [only]. Rabbi Akiba says: whatever is done with them may be done in a state of impurity.

One who exchanges a sela of second tithe in Jerusalem: Bet Shammai says: he may exchange the whole sela for copper coins. Bet Hillel says: a shekel of silver and a shekel’s worth of copper coins [can be exchanged for the sela]. Those discussing before the sages say: silver for three dinars and copper coins for one denar. Rabbi Akiva says: silver for three denars and copper coins for a fourth [of the fourth denar]. Rabbi Tarfon says: four aspers in silver. Shammai says: he must leave it in a shop and eat as much as it is worth.

They may not kindle [the Shabbat light] with [terumah] oil [which must be] burnt on festivals. Rabbi Ishmael says: they may not light with tar, because of the honor of the Shabbat. But the sages permit with all oils: with sesame oil, nut oil, radish oil, fish oil, gourd oil, tar and naphtha. Rabbi Tarfon says: they don’t light with anything but olive oil.

One who sat down on the road [at dusk on Friday eve] and then got up and saw that he was near a town he may not enter it, since it had not been his intention to do so, the words of Rabbi Meir. Rabbi Judah says: he may enter it. Rabbi Judah said: it once actually happened and Rabbi Tarfon entered the town, even though this was not his intention [when Shabbat had begun].

How far does one recite it? Bet Shammai say: Until “As a joyous mother of children” (Psalms 113:9). But Bet Hillel say: Until “The flinty rock into a fountain of waters” (Psalms 114:8). And he concludes with [a formula of] redemption. Rabbi Tarfon says: “Who redeemed us and redeemed our fathers from Egypt”, but he did not conclude [with a blessing]. Rabbi Akiva says: “So may the Lord our God and the God of our fathers bring us to other appointed times and festivals which come towards us for peace, rejoicing in the rebuilding of Your city and glad in Your service, and there we will eat of the sacrifices and the pesahim” etc. until “Blessed are You who has redeemed Israel.”

Rabbi Ishmael says: three hadasim, two aravot, one lulav and one etrog, even if two [of the hadasim] have their tips broken off and [only] one is whole. Rabbi Tarfon says: even if all three have their tips broken off. Rabbi Akiva says: just as there is one lulav and one etrog, so too only one hadas and one aravah.

If a beast died [on Yom Tov] it may not be moved from its place. And it happened that they once asked Rabbi Tarfon concerning this and concerning hallah that had become defiled. He went into the bet midrash and inquired, and they answered him: they may not be moved from their place.

If while they are fasting rain falls: If before sunrise they do not complete the fast, If after sunrise, they do complete the fast. Rabbi Eliezer says: if before noon they do not complete the fast, if after noon they do complete it. It happened that the rabbis decreed a fast in Lod and rain fell before noon. Rabbi Tarfon said to them: go, eat and drink and make a holiday. They went and ate and drank and observed the day as a holiday and at evening time they came and recited the Hallel Hagadol.

If a woman and her husband went to a country beyond the sea, and she returned and stated, “my husband is dead”, she may be married again and she also receives her ketubah. However, her rival wife is forbidden to remarry. If [her rival wife] was the daughter of an Israelite [who was married] to a priest, she is permitted to eat terumah, the words of Rabbi Tarfon. Rabbi Akiva says: this is not a way that would lead her away from transgression, unless [it be enacted that] she shall be forbidden both to marry and to eat terumah.

If she stated, “my husband died first and my father-in-law died after him”, she may marry again and she also receives her ketubah, but her mother-in-law is forbidden [to remarry]. If [her mother-in-law] was the daughter of an Israelite [who was married] to a priest, she is permitted to eat terumah, the words of Rabbi Tarfon. Rabbi Akiva says: this is not a way that would lead her away from transgression, unless [it be enacted that] she shall be forbidden both to marry and to eat terumah. If a man betrothed one of five women and he does not know which of them he has betrothed, and each states, “he has betrothed me”, he gives a letter of divorce to every one of them, and he leaves one ketubah [sum] for them and withdraws, the words of Rabbi Tarfon. Rabbi Akiva says: this is not a way that would lead him away from transgression, unless he gives to each of them both a get and a ketubah. If a man robbed one of five persons and does not know which of them he has robbed, and each one states, “he has robbed me”, he leaves the [amount of] the robbery among them and withdraws, the words of Rabbi Tarfon. Rabbi Akiva says: this is not a way that would lead them away from transgression, unless one pays [the full amount of the robbery] to every one [of the persons involved].

If she stated, “my husband died first and my father-in-law died after him”, she may marry again and she also receives her ketubah, but her mother-in-law is forbidden [to remarry]. If [her mother-in-law] was the daughter of an Israelite [who was married] to a priest, she is permitted to eat terumah, the words of Rabbi Tarfon. Rabbi Akiva says: this is not a way that would lead her away from transgression, unless [it be enacted that] she shall be forbidden both to marry and to eat terumah. If a man betrothed one of five women and he does not know which of them he has betrothed, and each states, “he has betrothed me”, he gives a letter of divorce to every one of them, and he leaves one ketubah [sum] for them and withdraws, the words of Rabbi Tarfon. Rabbi Akiva says: this is not a way that would lead him away from transgression, unless he gives to each of them both a get and a ketubah. If a man robbed one of five persons and does not know which of them he has robbed, and each one states, “he has robbed me”, he leaves the [amount of] the robbery among them and withdraws, the words of Rabbi Tarfon. Rabbi Akiva says: this is not a way that would lead them away from transgression, unless one pays [the full amount of the robbery] to every one [of the persons involved].

If she stated, “my husband died first and my father-in-law died after him”, she may marry again and she also receives her ketubah, but her mother-in-law is forbidden [to remarry]. If [her mother-in-law] was the daughter of an Israelite [who was married] to a priest, she is permitted to eat terumah, the words of Rabbi Tarfon. Rabbi Akiva says: this is not a way that would lead her away from transgression, unless [it be enacted that] she shall be forbidden both to marry and to eat terumah. If a man betrothed one of five women and he does not know which of them he has betrothed, and each states, “he has betrothed me”, he gives a letter of divorce to every one of them, and he leaves one ketubah [sum] for them and withdraws, the words of Rabbi Tarfon. Rabbi Akiva says: this is not a way that would lead him away from transgression, unless he gives to each of them both a get and a ketubah. If a man robbed one of five persons and does not know which of them he has robbed, and each one states, “he has robbed me”, he leaves the [amount of] the robbery among them and withdraws, the words of Rabbi Tarfon. Rabbi Akiva says: this is not a way that would lead them away from transgression, unless one pays [the full amount of the robbery] to every one [of the persons involved].

A virgin is given twelve months from the [time her intended] husband claimed her, [in which] to prepare herself for marriage. Just as [such a period] is given to the woman, so is it given to the man to prepare himself. A widow is given thirty days. If the time has come and they were not married they are entitled to receive maintenance from the man’s estate and [if he is a priest] they may eat terumah. Rabbi Tarfon says: They give her [all of her food] in terumah. Rabbi Akiva says: One half unconsecrated food and one half terumah.

These leave [their marriage] without their ketubah: A wife who transgresses the law of Moses or Jewish law. And what is the law of Moses? Feeding her husband with untithed food, having intercourse with him while in the period of her menstruation, not separating dough offering, or making vows and not fulfilling them. And what is Jewish practice? Going out with her head uncovered, spinning wool in the marketplace or conversing with every man. Abba Shaul says: also one who curses her husband’s parents in his presence. Rabbi Tarfon says: also one who has a loud voice. And who is regarded as one who has a loud voice? A woman whose voice can be heard by her neighbors when she speaks inside her house.

A man died and left a wife, a creditor, and heirs and he also had a deposit or a loan in the possession of others: Rabbi Tarfon says: It shall be given to the one who is under the greatest disadvantage. Rabbi Akiva says: We do not show mercy in a matter of law. Rather it shall be given to the heirs, for whereas all the others must take an oath the heirs need not take any oath.

If he left produce that was detached from the ground, whoever seizes it first acquires possession. If the wife took possession of more than the amount of her ketubah, or a creditor of more than the value of his debt, the balance: Rabbi Tarfon says: it should be given to the one who is under the greatest disadvantage. Rabbi Akiva says: we do not show mercy in a matter of law. Rather it shall be given to the heirs, for whereas all the others must take an oath the heirs need not take any oath.

He who vows [abstinence] from meat may eat broth and meat sediment. But Rabbi Judah prohibits. Rabbi Judah said: it once happened that Rabbi Tarfon prohibited me from eating [even the] eggs boiled [with the meat]. They replied: That is so. When is this true? When he says “This meat is prohibited to me.” For if one vows [to abstain] from something, and it is mixed up with another thing, if there is a sufficient [amount of the prohibited food] to impart its taste [to the other] it is forbidden.

If [people] were walking along the road and [saw] someone coming towards them, and one said, “Behold, I am a nazirite if it is so-and-so,” and the other said, “Behold, I am a nazirite if it is not so-and-so,” [and a third said,] “Behold I am a nazirite if one of you is a nazirite,” [and a fourth said, “Behold I am a nazirite] if neither of you is a nazirite,” [and a fifth said, “Behold I am a nazirite] if both of you are nazirites,” [and a sixth said, “Behold I am a nazirite] if all of you are nazirites”: Beth Shammai says: all of them are nazirites. Beth Hillel says only those whose words were [not] fulfilled are nazirites. Rabbi Tarfon says: not one of them is a nazirite.

Shaving on account of defilement: How was it done? He would sprinkle [with purification water] on the third and seventh days, shave on the seventh day and bring his sacrifices on the eighth day. If he shaved on the eighth day, he would bring his sacrifices on that same day, the words of Rabbi Akiva. Rabbi Tarfon said to him: what difference is there between this one and a person with scale disease? He said to him: the purification of this one depends on his days, whereas the purification of one with scale disease depends on his shaving, and he cannot bring a sacrifice unless the sun has set upon him [after his purification].

Rabbi Tarfon says: mamzerim can be purified. How is this so? If a mamzer marries a slave woman, her son is a slave; if he frees him, it is found that the son is a free man. Rabbi Eliezer says: behold, he is a slave mamzer.

“An ox which causes damage in the private domain of him that is injured” how is this so? If it gored, pushed, bit, lay down, or kicked in the public domain its owner pays only half damages. But if in the private domain of him that is injured, Rabbi Tarfon says, “He pays full damages.” The Sages says, “Half damages.” Rabbi Tarfon said to them: “Now, in a case in which the law dealt leniently with regards to damages caused by the foot and tooth in the public domain, in which case he is exempt, and stringently in the private domain of him that is injured to pay full damages, then since they have dealt stringently with damage caused by the horn in the public domain, ought we not deal more stringently with damage cause by the horn in the private domain of him that was injured, so that full damages be imposed.” They (the sages) said to him: “It is enough if the inferred law is as strict as that from which it is inferred: if [for damages caused by the horn] in the public domain half damages [are imposed], so also [for like damages] in the private domain of him that was injured, half damages [are imposed]. He said to them: “I shall not derive the law in one case of damage caused by the horn from the law in another case of damage caused by the horn. Rather I will derive the law of damage caused by the horn from the law of damage caused by the foot. Now in a case in which the law dealt leniently with regards to damages caused by the foot or tooth in the public domain, they have dealt strictly with damage caused by the horn, ought we not deal more stringently with damage cause by the horn in the private domain. They (the sages) said to him: “It is enough if the inferred law is as strict as that from which it is inferred: if [for damages caused by the horn] in the public domain half damages [are imposed], so also [for like damages] in the private domain of him that was injured, half damages [are imposed].

“An ox which causes damage in the private domain of him that is injured” how is this so? If it gored, pushed, bit, lay down, or kicked in the public domain its owner pays only half damages. But if in the private domain of him that is injured, Rabbi Tarfon says, “He pays full damages.” The Sages says, “Half damages.” Rabbi Tarfon said to them: “Now, in a case in which the law dealt leniently with regards to damages caused by the foot and tooth in the public domain, in which case he is exempt, and stringently in the private domain of him that is injured to pay full damages, then since they have dealt stringently with damage caused by the horn in the public domain, ought we not deal more stringently with damage cause by the horn in the private domain of him that was injured, so that full damages be imposed.” They (the sages) said to him: “It is enough if the inferred law is as strict as that from which it is inferred: if [for damages caused by the horn] in the public domain half damages [are imposed], so also [for like damages] in the private domain of him that was injured, half damages [are imposed]. He said to them: “I shall not derive the law in one case of damage caused by the horn from the law in another case of damage caused by the horn. Rather I will derive the law of damage caused by the horn from the law of damage caused by the foot. Now in a case in which the law dealt leniently with regards to damages caused by the foot or tooth in the public domain, they have dealt strictly with damage caused by the horn, ought we not deal more stringently with damage cause by the horn in the private domain. They (the sages) said to him: “It is enough if the inferred law is as strict as that from which it is inferred: if [for damages caused by the horn] in the public domain half damages [are imposed], so also [for like damages] in the private domain of him that was injured, half damages [are imposed].

If he (the claimant) named what was lost but could not describe its distinctive marks, he should not give it back to him. And it should not be give to a [known] deceiver, even if he describes its distinctive marks, as it is said [in the verse, Deut. 22:2]: “Until your fellow claims it”, [which is to say] until you inquire about your fellow, if he is a deceiver or not. Whatsoever works and eats, let it work and eat [while in the finder’s care]. But whatsoever does not work and eat should be sold, as it is said [in the verse, Deut. 22:2]: “And you shall return it to him”, See how you can return it to him. What shall be with the money [from the sale]? Rabbi Tarfon says: “He may use it, therefore if it is lost he is responsible for it.” Rabbi Akiva says: “He may not use it, therefore if it is lost he is not responsible for it.”

Fraud is an overcharge of 4 pieces of silver out of 24 pieces of silver, which make up a sela, one-sixth of the purchase price. Until what time may [he that is defrauded] retract [the sale]? Until he [has time] to show [his purchase] to a merchant or to his kinsman. Rabbi Tarfon gave instruction in Lud: “Fraud is an overcharge of 8 pieces of silver to the seller, a third of the purchase price”, and the merchants of Lod celebrated. He said to them: “He may retract any time within a whole day.” They said to him: “Leave us as we were, Rabbi Tarfon”, and they reverted to the teaching of the Sages.

Fraud is an overcharge of 4 pieces of silver out of 24 pieces of silver, which make up a sela, one-sixth of the purchase price. Until what time may [he that is defrauded] retract [the sale]? Until he [has time] to show [his purchase] to a merchant or to his kinsman. Rabbi Tarfon gave instruction in Lud: “Fraud is an overcharge of 8 pieces of silver to the seller, a third of the purchase price”, and the merchants of Lod celebrated. He said to them: “He may retract any time within a whole day.” They said to him: “Leave us as we were, Rabbi Tarfon”, and they reverted to the teaching of the Sages.

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

One who exchanges a sela from second tithe in Jerusalem: Beth Shammai says: “Copper coin for the whole sela.” And Beth Hillel says: “Silver for one shekel and copper coin for one shekel.” The disputants before the Sages say: “Silver for three denars and copper coin for one denar.” Rabbi Akiva says: “Silver for three denars and for the fourth silver, copper coin.” Rabbi Tarfon says: “Four aspers in silver.” Shammai says: “He must leave it in the shop and eat on the credit thereof.”

Rabbi Tarfon said: the day is short, and the work is plentiful, and the laborers are indolent, and the reward is great, and the master of the house is insistent.

He [Rabbi Tarfon] used to say: It is not your duty to finish the work, but neither are you at liberty to neglect it; If you have studied much Torah, you shall be given much reward. Faithful is your employer to pay you the reward of your labor; And know that the grant of reward unto the righteous is in the age to come.

Rabbi Shimon said: if you see oil being divided in the Temple courtyard, you don’t need to ask what it is for, for it is the remnant of oil of the wafers of the Israelite’s meal-offerings, or of the metzora’s log of oil. If you see oil being poured on to the fires, you don’t need not ask what it is for, for it is the remnant of the oil of the wafers of priests’ meal-offerings, or of the anointed priest's meal-offering; for one cannot voluntarily offer offer oil [alone]. Rabbi Tarfon say: oil can be voluntarily offered [alone].

Whether one boiled in it or poured boiling [sacrificial flesh] into it, whether most sacred sacrifices or lesser sacrifices, [the pot] requires scouring and rinsing. Rabbi Shimon says: lesser sacrifices do not require scouring and rinsing. Rabbi Tarfon says: if one boiled [sacrifices in a pot] at the beginning of a festival, he can boil in it during the whole festival. But the sages say: until the time of eating, scouring and rinsing. Scouring is done as the scouring of a goblet; and rinsing is as the rinsing of a goblet, Scouring [in hot water] and rinsing in cold [water]. The spit and the grill are cleansed with hot water.

One may offer wine but not oil, the words of Rabbi Akiva. But Rabbi Tarfon says: one may also offer oil. Rabbi Tarfon said: just as we find that wine is offered as an obligation may be offered as a freewill-offering, so oil which is offered as an obligation may be offered as a freewill-offering. Rabbi Akiva said to him: No, if you say so of wine it is because it is offered by itself even when offered as an obligation, can you say the same of oil which is not offered by itself when offered as an obligation? Two [men] may not jointly offer one tenth [of flour for a minhah]; but they may jointly offer an olah or a shelamim, and bird sacrifices even a single bird.

One may offer wine but not oil, the words of Rabbi Akiva. But Rabbi Tarfon says: one may also offer oil. Rabbi Tarfon said: just as we find that wine is offered as an obligation may be offered as a freewill-offering, so oil which is offered as an obligation may be offered as a freewill-offering. Rabbi Akiva said to him: No, if you say so of wine it is because it is offered by itself even when offered as an obligation, can you say the same of oil which is not offered by itself when offered as an obligation? Two [men] may not jointly offer one tenth [of flour for a minhah]; but they may jointly offer an olah or a shelamim, and bird sacrifices even a single bird.

If a ewe which never before had given birth bore two males and both heads came forth simultaneously: Rabbi Yose the Galilean says: both belong to the priest for scripture says: “The males shall be the Lord’s” (Exodus 13:12). But the sages say: it is impossible, therefore one remains [with the Israelite] and the other is for the priest. Rabbi Tarfon says: the priest chooses the better one. Rabbi Akiva says: we compromise between them. The second one [in the Israelite's possession] is left to pasture until it becomes blemished and the owner is liable for the [priest's] gifts. Rabbi Yose exempts him. If one of them died: Rabbi Tarfon says: they divide [the living one]. Rabbi Akiva says: the burden of proof is upon the claimant. If it gave birth to a male and a female, the priest receives nothing [in such circumstances].

If a ewe which never before had given birth bore two males and both heads came forth simultaneously: Rabbi Yose the Galilean says: both belong to the priest for scripture says: “The males shall be the Lord’s” (Exodus 13:12). But the sages say: it is impossible, therefore one remains [with the Israelite] and the other is for the priest. Rabbi Tarfon says: the priest chooses the better one. Rabbi Akiva says: we compromise between them. The second one [in the Israelite's possession] is left to pasture until it becomes blemished and the owner is liable for the [priest's] gifts. Rabbi Yose exempts him. If one of them died: Rabbi Tarfon says: they divide [the living one]. Rabbi Akiva says: the burden of proof is upon the claimant. If it gave birth to a male and a female, the priest receives nothing [in such circumstances].

If two ewes which had never previously given birth bore two males, both belong to the priest. [If they gave birth] to a male and a female, the male belongs to the priest. [If they gave birth] to two males and a female, one remains with him, and the other belongs to the priest. Rabbi Tarfon says: the priest chooses the better one. Rabbi Akiva says: we compromise between them. The second one [in the Israelite's possession] is left to pasture until it becomes blemished and the owner is liable for the [priest's] gifts. Rabbi Yose exempts him. If one of them died: Rabbi Tarfon says: they divide [the living one]. Rabbi Akiva says: the burden of proof is upon the claimant. [If they gave birth to] two females and a male or two males and two females, the priest receives nothing in such circumstances.

If two ewes which had never previously given birth bore two males, both belong to the priest. [If they gave birth] to a male and a female, the male belongs to the priest. [If they gave birth] to two males and a female, one remains with him, and the other belongs to the priest. Rabbi Tarfon says: the priest chooses the better one. Rabbi Akiva says: we compromise between them. The second one [in the Israelite's possession] is left to pasture until it becomes blemished and the owner is liable for the [priest's] gifts. Rabbi Yose exempts him. If one of them died: Rabbi Tarfon says: they divide [the living one]. Rabbi Akiva says: the burden of proof is upon the claimant. [If they gave birth to] two females and a male or two males and two females, the priest receives nothing in such circumstances.

If one [of the ewes] had given birth and the other had never previously given birth and they bore two males, one remains with him and the other belongs to the priest. Rabbi Tarfon says: the priest chooses the better one. Rabbi Akiva says: we compromise between them. The second one [in the Israelite's possession] is left to pasture until it becomes blemished and the owner is liable for the [priest's] gifts. Rabbi Yose exempts him. For Rabbi Yose says: wherever the priest receives [an animal] in its place, he is exempt from the priestly gifts. Rabbi Meir however makes him liable. If one of them died: Rabbi Tarfon says: they divide [the living one]. Rabbi Akiva says: the burden of proof is upon the claimant. If they gave birth to a male and a female, the priest receives nothing [in such circumstances].

If one [of the ewes] had given birth and the other had never previously given birth and they bore two males, one remains with him and the other belongs to the priest. Rabbi Tarfon says: the priest chooses the better one. Rabbi Akiva says: we compromise between them. The second one [in the Israelite's possession] is left to pasture until it becomes blemished and the owner is liable for the [priest's] gifts. Rabbi Yose exempts him. For Rabbi Yose says: wherever the priest receives [an animal] in its place, he is exempt from the priestly gifts. Rabbi Meir however makes him liable. If one of them died: Rabbi Tarfon says: they divide [the living one]. Rabbi Akiva says: the burden of proof is upon the claimant. If they gave birth to a male and a female, the priest receives nothing [in such circumstances].

With regard to [an animal] that was born through a cesarean section and the first born which came after it: Rabbi Tarfon says: both go out to pasture until blemished and are eaten with their blemishes by the owners. But Rabbi Akiva says: neither of them is a first born; the first because it did not open its mother’s womb, and the second, because another preceded it.

If one who is not an expert sees a first born and it was slaughtered by his instructions, in such a case it shall be buried and he shall make reparation from his own pocket. If a [non-expert] judge gave a judgment and declared innocent a person who was really liable or made liable a person who was really innocent, declared unclean a thing which was clean or declared clean a thing which was really unclean, his decision stands but he has to make reparation from his own pocket. If the judge was an expert [sanctioned by the] court, he is exempt from making reparation. It happened once that a cow's womb was removed and Rabbi Tarfon gave it [the cow] to the dogs to eat. The matter came before the sages at Yavneh and they permitted the animal. Todos the physician said: no cow or pig leaves Alexandria of Egypt before its womb is removed in order that it may not breed. Rabbi Tarfon said: “There goes your donkey, Tarfon.” Rabbi Akiva said to him: you are exempt, for you are an expert and whoever is an expert sanctioned by the court is exempt from reparation.

If one who is not an expert sees a first born and it was slaughtered by his instructions, in such a case it shall be buried and he shall make reparation from his own pocket. If a [non-expert] judge gave a judgment and declared innocent a person who was really liable or made liable a person who was really innocent, declared unclean a thing which was clean or declared clean a thing which was really unclean, his decision stands but he has to make reparation from his own pocket. If the judge was an expert [sanctioned by the] court, he is exempt from making reparation. It happened once that a cow's womb was removed and Rabbi Tarfon gave it [the cow] to the dogs to eat. The matter came before the sages at Yavneh and they permitted the animal. Todos the physician said: no cow or pig leaves Alexandria of Egypt before its womb is removed in order that it may not breed. Rabbi Tarfon said: “There goes your donkey, Tarfon.” Rabbi Akiva said to him: you are exempt, for you are an expert and whoever is an expert sanctioned by the court is exempt from reparation.

If one who is not an expert sees a first born and it was slaughtered by his instructions, in such a case it shall be buried and he shall make reparation from his own pocket. If a [non-expert] judge gave a judgment and declared innocent a person who was really liable or made liable a person who was really innocent, declared unclean a thing which was clean or declared clean a thing which was really unclean, his decision stands but he has to make reparation from his own pocket. If the judge was an expert [sanctioned by the] court, he is exempt from making reparation. It happened once that a cow's womb was removed and Rabbi Tarfon gave it [the cow] to the dogs to eat. The matter came before the sages at Yavneh and they permitted the animal. Todos the physician said: no cow or pig leaves Alexandria of Egypt before its womb is removed in order that it may not breed. Rabbi Tarfon said: “There goes your donkey, Tarfon.” Rabbi Akiva said to him: you are exempt, for you are an expert and whoever is an expert sanctioned by the court is exempt from reparation.

Rabbi Akiva declares one liable to an asham talui for sacrilege; But the sages declare him exempt. Rabbi Akiba admits that he does not bring his restitution money until he becomes aware [of his trespass], when he must bring with it a certain asham. Rabbi Tarfon: Why should he bring two ashams? Rather, let him set aside the principal with an added fifth, and bring an asham the value of two sela's and stipulate: “If I did commit sacrilege, here is my restitution and this my asham; and if the sacrilege was doubtful, let the money be a freewill gift and the [offering an] asham talui;” since the same type of sacrifice he brings for a case where he doesn’t know, he brings for one where he does know.

Rabbi Akiba: Your words seem plausible in the case of a minor amount of sacrilege; but if it was a case of doubtful sacrilege of a hundred manehs, would it not be more advantageous for him to bring an asham for two sela's rather than restore out of doubt the sum of a hundred manehs? Rabbi Akiba agrees with Rabbi Tarfon in the case of a minor amount of sacrilege. If a woman brought a bird hatat for a case of a doubtful miscarriage, and prior to the pinching of its neck she learned that the birth was a certainty, she can offer it as a certain hatat, for that which she offers in the case of certainty is of the same kind as that which she offers in the case of doubt.

If unclean iron was smelted together with clean iron and the greater part was from the unclean iron, [the vessel made of the mixture] is unclean; If the greater part was from the clean iron, the vessel is clean. If each was half, it is unclean. The same law also applies to a mixture of cement and cattle dung. A door bolt is susceptible to impurity, but [one of wood] that is only plated with metal is not susceptible to impurity. The clutch and the crosspiece [of a lock] are susceptible to impurity. A door-bolt: Rabbi Joshua says: he may remove it from one door and hang it on another on Shabbat. Rabbi Tarfon says: it is like all other vessels and may be carried about in a courtyard.

A curved horn is susceptible to impurity but a straight one is clean. If its mouthpiece was covered with metal it is unclean. If its broad side [is covered with metal]: Rabbi Tarfon says it is susceptible to impurity But the sages say it is clean. While they are joined together the whole is susceptible to impurity. Similarly: the branches of a candlestick are clean. And the cups and the base are susceptible to impurity, But while they are joined together the whole is susceptible to impurity.

All vessels have outer and inner sides and have a part by which they are held. Rabbi Tarfon says: this applies only to a large wooden [kneading] trough. Rabbi Akiva says: it applies to cups. Rabbi Meir says: it applies to unclean and clean hands. Rabbi Yose says: they said this only concerning clean hands.

[With regard to] a hole in the door: Its minimum size is that of a fist, the words of Rabbi Akiva. Rabbi Tarfon says: one handbreadth square. If the carpenter had left a space at the bottom or the top [of the door] or if one had shut [the door] but not closed it tightly, or if the wind blew it open, the minimum size is that of a fist.

All movable things convey uncleanness when they are of the thickness of an ox-goad. Rabbi Tarfon said: May I [see the] demise of my sons if this is [not] a demised halakhah which someone heard and misunderstood. For a farmer was passing by and over his shoulder was an ox-goad, and one end overshadowed a grave. He was declared unclean on account of vessels that were overshadowing a corpse. Rabbi Akiva said: I can fix [the halakhah] so that the words of the sages can exist [as they are]: All movable things convey uncleanness to come upon a person carrying them, when they are of the thickness of an ox-goad; Upon themselves when they are of whatever thickness; And upon other men or vessels [which they overshadow] when they are one handbreadth wide.

Lambs no more than one year old, And rams no more than two years old. And all these years are reckoned from day to day. One that is thirteen months old is not valid, neither as a ram nor as a lamb. Rabbi Tarfon called it palges. Ben Azzai called it noked. Rabbi Ishmael called it parakhrigma. If a man offered it he must bring for it the libation of a ram, but it is not counted as his offering. One that is thirteen months old behold it is a ram.

Any handles of vessels which are too long and which will be cut short, need only be immersed up to the point of their proper measure. Rabbi Judah says: [they are unclean] until the whole of them is immersed. The chain of a large bucket, to the length of four handbreadths, and a small bucket, to the length of ten handbreadths, and they need only be immersed up to the point of their proper measure. Rabbi Tarfon says: it is not clean unless the whole of the chain-ring is immersed. The rope bound to a basket is not counted as a connection unless it has been sewn on.

One who measures a cistern whether for its depth of for its breadth, it comes under the law of ‘if water be put' the words of Rabbi Tarfon. But Rabbi Akiva says: if [it was measured] for its depth, it comes under the law of ‘if water be put’; but if for its breadth, it does not come under the law of ‘if water be put’.

On that day they said: what is the law applying to Ammon and Moab in the seventh year? Rabbi Tarfon decreed tithe for the poor. And Rabbi Elazar ben Azariah decreed second tithe. Rabbi Ishmael said: Elazar ben Azariah, you must produce your proof because you are expressing the stricter view and whoever expresses a stricter view has the burden to produce the proof. Rabbi Elazar ben Azariah said to him: Ishmael, my brother, I have not deviated from the sequence of years, Tarfon, my brother, has deviated from it and the burden is upon him to produce the proof. Rabbi Tarfon answered: Egypt is outside the land of Israel, Ammon and Moab are outside the land of Israel: just as Egypt must give tithe for the poor in the seventh year, so must Ammon and Moab give tithe for the poor in the seventh year. Rabbi Elazar ben Azariah answered: Babylon is outside the land of Israel, Ammon and Moab are outside the land of Israel: just as Babylon must give second tithe in the seventh year, so must Ammon and Moab give second tithe in the seventh year. Rabbi Tarfon said: on Egypt which is near, they imposed tithe for the poor so that the poor of Israel might be supported by it during the seventh year; so on Ammon and Moab which are near, we should impose tithe for the poor so that the poor of Israel may be supported by it during the seventh year. Rabbi Elazar ben Azariah said to him: Behold, you are like one who would benefit them with gain, yet you are really as one who causes them to perish. Would you rob the heavens so that dew or rain should not descend? As it is said, "Will a man rob God? Yet you rob me. But you: How have we robbed You? In tithes and heave-offerings" (Malakhi 3:8). Rabbi Joshua said: Behold, I shall be as one who replies on behalf of Tarfon, my brother, but not in accordance with the substance of his arguments. The law regarding Egypt is a new act and the law regarding Babylon is an old act, and the law which is being argued before us is a new act. A new act should be argued from [another] new act, but a new act should not be argued from an old act. The law regarding Egypt is the act of the elders and the law regarding Babylon is the act of the prophets, and the law which is being argued before us is the act of the elders. Let one act of the elders be argued from [another] act of the elders, but let not an act of the elders be argued from an act of the prophets. The votes were counted and they decided that Ammon and Moab should give tithe for the poor in the seventh year. And when Rabbi Yose ben Durmaskit visited Rabbi Eliezer in Lod he said to him: what new thing did you have in the house of study today? He said to him: their votes were counted and they decided that Ammon and Moab must give tithe for the poor in the seventh year. Rabbi Eliezer wept and said: "The counsel of the Lord is with them that fear him: and his covenant, to make them know it" (Psalms 25:14). Go and tell them: Don't worry about your voting. I received a tradition from Rabbi Yohanan ben Zakkai who heard it from his teacher, and his teacher from his teacher, and so back to a halachah given to Moses from Sinai, that Ammon and Moab must give tithe for the poor in the seventh year.

On that day they said: what is the law applying to Ammon and Moab in the seventh year? Rabbi Tarfon decreed tithe for the poor. And Rabbi Elazar ben Azariah decreed second tithe. Rabbi Ishmael said: Elazar ben Azariah, you must produce your proof because you are expressing the stricter view and whoever expresses a stricter view has the burden to produce the proof. Rabbi Elazar ben Azariah said to him: Ishmael, my brother, I have not deviated from the sequence of years, Tarfon, my brother, has deviated from it and the burden is upon him to produce the proof. Rabbi Tarfon answered: Egypt is outside the land of Israel, Ammon and Moab are outside the land of Israel: just as Egypt must give tithe for the poor in the seventh year, so must Ammon and Moab give tithe for the poor in the seventh year. Rabbi Elazar ben Azariah answered: Babylon is outside the land of Israel, Ammon and Moab are outside the land of Israel: just as Babylon must give second tithe in the seventh year, so must Ammon and Moab give second tithe in the seventh year. Rabbi Tarfon said: on Egypt which is near, they imposed tithe for the poor so that the poor of Israel might be supported by it during the seventh year; so on Ammon and Moab which are near, we should impose tithe for the poor so that the poor of Israel may be supported by it during the seventh year. Rabbi Elazar ben Azariah said to him: Behold, you are like one who would benefit them with gain, yet you are really as one who causes them to perish. Would you rob the heavens so that dew or rain should not descend? As it is said, "Will a man rob God? Yet you rob me. But you: How have we robbed You? In tithes and heave-offerings" (Malakhi 3:8). Rabbi Joshua said: Behold, I shall be as one who replies on behalf of Tarfon, my brother, but not in accordance with the substance of his arguments. The law regarding Egypt is a new act and the law regarding Babylon is an old act, and the law which is being argued before us is a new act. A new act should be argued from [another] new act, but a new act should not be argued from an old act. The law regarding Egypt is the act of the elders and the law regarding Babylon is the act of the prophets, and the law which is being argued before us is the act of the elders. Let one act of the elders be argued from [another] act of the elders, but let not an act of the elders be argued from an act of the prophets. The votes were counted and they decided that Ammon and Moab should give tithe for the poor in the seventh year. And when Rabbi Yose ben Durmaskit visited Rabbi Eliezer in Lod he said to him: what new thing did you have in the house of study today? He said to him: their votes were counted and they decided that Ammon and Moab must give tithe for the poor in the seventh year. Rabbi Eliezer wept and said: "The counsel of the Lord is with them that fear him: and his covenant, to make them know it" (Psalms 25:14). Go and tell them: Don't worry about your voting. I received a tradition from Rabbi Yohanan ben Zakkai who heard it from his teacher, and his teacher from his teacher, and so back to a halachah given to Moses from Sinai, that Ammon and Moab must give tithe for the poor in the seventh year.

On that day they said: what is the law applying to Ammon and Moab in the seventh year? Rabbi Tarfon decreed tithe for the poor. And Rabbi Elazar ben Azariah decreed second tithe. Rabbi Ishmael said: Elazar ben Azariah, you must produce your proof because you are expressing the stricter view and whoever expresses a stricter view has the burden to produce the proof. Rabbi Elazar ben Azariah said to him: Ishmael, my brother, I have not deviated from the sequence of years, Tarfon, my brother, has deviated from it and the burden is upon him to produce the proof. Rabbi Tarfon answered: Egypt is outside the land of Israel, Ammon and Moab are outside the land of Israel: just as Egypt must give tithe for the poor in the seventh year, so must Ammon and Moab give tithe for the poor in the seventh year. Rabbi Elazar ben Azariah answered: Babylon is outside the land of Israel, Ammon and Moab are outside the land of Israel: just as Babylon must give second tithe in the seventh year, so must Ammon and Moab give second tithe in the seventh year. Rabbi Tarfon said: on Egypt which is near, they imposed tithe for the poor so that the poor of Israel might be supported by it during the seventh year; so on Ammon and Moab which are near, we should impose tithe for the poor so that the poor of Israel may be supported by it during the seventh year. Rabbi Elazar ben Azariah said to him: Behold, you are like one who would benefit them with gain, yet you are really as one who causes them to perish. Would you rob the heavens so that dew or rain should not descend? As it is said, "Will a man rob God? Yet you rob me. But you: How have we robbed You? In tithes and heave-offerings" (Malakhi 3:8). Rabbi Joshua said: Behold, I shall be as one who replies on behalf of Tarfon, my brother, but not in accordance with the substance of his arguments. The law regarding Egypt is a new act and the law regarding Babylon is an old act, and the law which is being argued before us is a new act. A new act should be argued from [another] new act, but a new act should not be argued from an old act. The law regarding Egypt is the act of the elders and the law regarding Babylon is the act of the prophets, and the law which is being argued before us is the act of the elders. Let one act of the elders be argued from [another] act of the elders, but let not an act of the elders be argued from an act of the prophets. The votes were counted and they decided that Ammon and Moab should give tithe for the poor in the seventh year. And when Rabbi Yose ben Durmaskit visited Rabbi Eliezer in Lod he said to him: what new thing did you have in the house of study today? He said to him: their votes were counted and they decided that Ammon and Moab must give tithe for the poor in the seventh year. Rabbi Eliezer wept and said: "The counsel of the Lord is with them that fear him: and his covenant, to make them know it" (Psalms 25:14). Go and tell them: Don't worry about your voting. I received a tradition from Rabbi Yohanan ben Zakkai who heard it from his teacher, and his teacher from his teacher, and so back to a halachah given to Moses from Sinai, that Ammon and Moab must give tithe for the poor in the seventh year.

On that day they said: what is the law applying to Ammon and Moab in the seventh year? Rabbi Tarfon decreed tithe for the poor. And Rabbi Elazar ben Azariah decreed second tithe. Rabbi Ishmael said: Elazar ben Azariah, you must produce your proof because you are expressing the stricter view and whoever expresses a stricter view has the burden to produce the proof. Rabbi Elazar ben Azariah said to him: Ishmael, my brother, I have not deviated from the sequence of years, Tarfon, my brother, has deviated from it and the burden is upon him to produce the proof. Rabbi Tarfon answered: Egypt is outside the land of Israel, Ammon and Moab are outside the land of Israel: just as Egypt must give tithe for the poor in the seventh year, so must Ammon and Moab give tithe for the poor in the seventh year. Rabbi Elazar ben Azariah answered: Babylon is outside the land of Israel, Ammon and Moab are outside the land of Israel: just as Babylon must give second tithe in the seventh year, so must Ammon and Moab give second tithe in the seventh year. Rabbi Tarfon said: on Egypt which is near, they imposed tithe for the poor so that the poor of Israel might be supported by it during the seventh year; so on Ammon and Moab which are near, we should impose tithe for the poor so that the poor of Israel may be supported by it during the seventh year. Rabbi Elazar ben Azariah said to him: Behold, you are like one who would benefit them with gain, yet you are really as one who causes them to perish. Would you rob the heavens so that dew or rain should not descend? As it is said, "Will a man rob God? Yet you rob me. But you: How have we robbed You? In tithes and heave-offerings" (Malakhi 3:8). Rabbi Joshua said: Behold, I shall be as one who replies on behalf of Tarfon, my brother, but not in accordance with the substance of his arguments. The law regarding Egypt is a new act and the law regarding Babylon is an old act, and the law which is being argued before us is a new act. A new act should be argued from [another] new act, but a new act should not be argued from an old act. The law regarding Egypt is the act of the elders and the law regarding Babylon is the act of the prophets, and the law which is being argued before us is the act of the elders. Let one act of the elders be argued from [another] act of the elders, but let not an act of the elders be argued from an act of the prophets. The votes were counted and they decided that Ammon and Moab should give tithe for the poor in the seventh year. And when Rabbi Yose ben Durmaskit visited Rabbi Eliezer in Lod he said to him: what new thing did you have in the house of study today? He said to him: their votes were counted and they decided that Ammon and Moab must give tithe for the poor in the seventh year. Rabbi Eliezer wept and said: "The counsel of the Lord is with them that fear him: and his covenant, to make them know it" (Psalms 25:14). Go and tell them: Don't worry about your voting. I received a tradition from Rabbi Yohanan ben Zakkai who heard it from his teacher, and his teacher from his teacher, and so back to a halachah given to Moses from Sinai, that Ammon and Moab must give tithe for the poor in the seventh year.

On that day they said: what is the law applying to Ammon and Moab in the seventh year? Rabbi Tarfon decreed tithe for the poor. And Rabbi Elazar ben Azariah decreed second tithe. Rabbi Ishmael said: Elazar ben Azariah, you must produce your proof because you are expressing the stricter view and whoever expresses a stricter view has the burden to produce the proof. Rabbi Elazar ben Azariah said to him: Ishmael, my brother, I have not deviated from the sequence of years, Tarfon, my brother, has deviated from it and the burden is upon him to produce the proof. Rabbi Tarfon answered: Egypt is outside the land of Israel, Ammon and Moab are outside the land of Israel: just as Egypt must give tithe for the poor in the seventh year, so must Ammon and Moab give tithe for the poor in the seventh year. Rabbi Elazar ben Azariah answered: Babylon is outside the land of Israel, Ammon and Moab are outside the land of Israel: just as Babylon must give second tithe in the seventh year, so must Ammon and Moab give second tithe in the seventh year. Rabbi Tarfon said: on Egypt which is near, they imposed tithe for the poor so that the poor of Israel might be supported by it during the seventh year; so on Ammon and Moab which are near, we should impose tithe for the poor so that the poor of Israel may be supported by it during the seventh year. Rabbi Elazar ben Azariah said to him: Behold, you are like one who would benefit them with gain, yet you are really as one who causes them to perish. Would you rob the heavens so that dew or rain should not descend? As it is said, "Will a man rob God? Yet you rob me. But you: How have we robbed You? In tithes and heave-offerings" (Malakhi 3:8). Rabbi Joshua said: Behold, I shall be as one who replies on behalf of Tarfon, my brother, but not in accordance with the substance of his arguments. The law regarding Egypt is a new act and the law regarding Babylon is an old act, and the law which is being argued before us is a new act. A new act should be argued from [another] new act, but a new act should not be argued from an old act. The law regarding Egypt is the act of the elders and the law regarding Babylon is the act of the prophets, and the law which is being argued before us is the act of the elders. Let one act of the elders be argued from [another] act of the elders, but let not an act of the elders be argued from an act of the prophets. The votes were counted and they decided that Ammon and Moab should give tithe for the poor in the seventh year. And when Rabbi Yose ben Durmaskit visited Rabbi Eliezer in Lod he said to him: what new thing did you have in the house of study today? He said to him: their votes were counted and they decided that Ammon and Moab must give tithe for the poor in the seventh year. Rabbi Eliezer wept and said: "The counsel of the Lord is with them that fear him: and his covenant, to make them know it" (Psalms 25:14). Go and tell them: Don't worry about your voting. I received a tradition from Rabbi Yohanan ben Zakkai who heard it from his teacher, and his teacher from his teacher, and so back to a halachah given to Moses from Sinai, that Ammon and Moab must give tithe for the poor in the seventh year.

No. As it is taught is his reasoning: "Rabbi Yehudah says in the name of Rabbi Tarfon, 'Palm fronds (Kapot)'- if they were splitting, he should tie them (Yikhtephenu, from root K.p.t)."

If the central leaf is split, it is as though it is removed, and [the lulav] is invalid. R. Judah says It has been taught: R. Judah said in the name of R. Tarfon, “Branches (kapot) of palm-trees,” kapot [means that if palm-branches must be] were separated, he must tie them up (yikhtefenu).

The main text: The [minimum] length of the hadas and the aravah is three [handbreadths], and that of the lulav four. R. Tarfon says. A cubit consisting of five handbreadths.

Rava said: May the master forgive R. Tarfon! Now that we cannot find a valid hadas three [handbreadths] long, would one of five handbreadths be required?

When R. Dimi came he said. [R. Tarfon meant]: Take a cubit which has [normally] six handbreadths, into five. Deduct from these the three for the myrtle and the remainder is for the palm-branch. How much then is it? Three and three fifths?

Do not then two statements of Shmuel contradict one another, for here Rav Judah says in the name of Shmuel, The [minimum] length of the hadas and the aravah is three [normal handbreadths], and elsewhere R. Huna said in the name of Shmuel that the halakhah is in accordance with R. Tarfon? [Shmuel] was not precise. Say that we can say that one is not precise when [this results in] a stringency but not when [it results in] a leniency?

When Rabin came he said: [R. Tarfon meant]: Take a cubit of five normal handbreadths and make it into one of six handbreadths. Deduct of these three for the hadas, and the remainder is for the lulav How much is it? Two and a half.

Is there not still a difficulty between [the two statements of] Shmuel? He was not precise, and in this case his lack of precision results in a stringency since R. Huna said in the name of Shmuel that the halakhah is according to R. Tarfon.

Mishnah: Rabbi Ishmael says: three hadasim, two aravot, one lulav and one etrog, even if two [of the hadasim] have their tips broken off and [only] one is whole. Rabbi Tarfon says: even if all three have their tips broken off. Rabbi Akiva says: just as there is one lulav and one etrog, so too only one hadas and one aravah.

Gemara. It has been taught: R. Ishmael said: "the fruit of a goodly tree" implies one; "branches of palm-trees" implies one; "the bough of a thick tree" implies three; "willows of the brook" implies two, and even if two [of the hadasim] have their tips broken off, and only one is whole [the lulav is valid] R. Tarfon said: : three, even if all have their tips broken off. R. Akiva said: Just as there is one lulav and one etrog, so there is one hadas and one aravah.

R. Judah said in the name of Shmuel: The halakhah is according to R. Tarfon. And Shmuel is consistent with his own opinion, or Shmuel said to those who sold hadasim, "Sell at the normal price, for if not, I will expound to you as R. Tarfon."

R. Judah said in the name of Shmuel: The halakhah is according to R. Tarfon. And Shmuel is consistent with his own opinion, or Shmuel said to those who sold hadasim, "Sell at the normal price, for if not, I will expound to you as R. Tarfon."

9. If the people begin to fast and then rain begins to fall, if this happens before sunrise, they need not continue the fast to the end of the day, but if it was after sunrise they must complete the fast; R. Eliezer said, (if the rain came) before noon they need not complete the fast, but (if it came) after noon they must complete it. It happened that a fast was ordered in Lydda and the rain came before noon; R. Tarfon then said to the people: Go out, eat and drink and make a holiday. They went out, ate and drank and made a holiday. In the afternoon they assembled and recited the great hallel.

R. Judah declares a minor qualified. It has been taught: R. Judah said: When I was a young boy, I read it [the Megillah] in front of R. Tarfon and the elders in Lod. They said to him: Proof cannot be brought from the testimony of a minor.

We establish courts both in Israel and in Diaspora. A court that executes once in seven years is called a "killing [court]" Rebbi Eliezer ben Azarya says, Once in seventy years. Rebbi Tarfon and Rebbi Akiva say, If we were in court no one would ever get executed. Raban Shimon ben Gamlial responded, Then you would be increasing murder in Israel.

Rebbi Tarfon and Rebbi Akiva said, If we were part of court...etc.: What would they have done? Rebbi Yochanon and Rebbi Elezer said together, [they would ask the witnesses,] did you see if the victim was a Terefah or viable?