tarphon

HALAKHAH: In the name of Rebbi Yoḥanan: The words of the scribes are related to the words of Scripture and are pleasant like the words of Scripture. (Song of Songs 7:10) “Your throat is like the good wine”; Simeon ben Abba in the name of R. Yoḥanan: The words of the scribes are related to the words of Scripture and are more pleasant than the words of Scripture. (Song of Songs 1:2) “Since your friendship is better than wine”; Rebbi Abba bar Cohen in the name of Rebbi Judah ben Pazi: You can know that the words of the scribes are more pleasant than those of Scripture because if Rebbi Tarphon did not recite at all he would have transgressed only a positive commandment. But because he transgressed the words of the school of Hillel he should have suffered death since it says: (Proverbs 10:8) “He who breaches a fence will be bitten by a snake.”

MISHNAH: One who ate figs, grapes, or pomegranates recites for them three benedictions, the words of Rabban Gamliel; but the Sagessay, one benediction imitating three. Rebbi Aqiba says, even if one ate cooked food and that is his meal he recites for it three benedictions. He who drinks water for his thirst says “By Whose word everything was created.” Rebbi Tarphon said, “Creator of many living things”.

Rebbi Tarphon’s mother went to promenade in her backyard on the Sabbath. Rebbi Tarphon went and put his two hands under her feet and she walked on them until she got to her couch. Once he fell ill and the sages came to visit him. She told them: Pray for my son Tarphon because he honors me too much. They asked her, what did he do for you? She told them what had happened. They said to her, even if he did this a million times, he did not yet reach even half of the honor that the Torah requires.

Rebbi Tarphon’s mother went to promenade in her backyard on the Sabbath. Rebbi Tarphon went and put his two hands under her feet and she walked on them until she got to her couch. Once he fell ill and the sages came to visit him. She told them: Pray for my son Tarphon because he honors me too much. They asked her, what did he do for you? She told them what had happened. They said to her, even if he did this a million times, he did not yet reach even half of the honor that the Torah requires.

Rebbi Tarphon’s mother went to promenade in her backyard on the Sabbath. Rebbi Tarphon went and put his two hands under her feet and she walked on them until she got to her couch. Once he fell ill and the sages came to visit him. She told them: Pray for my son Tarphon because he honors me too much. They asked her, what did he do for you? She told them what had happened. They said to her, even if he did this a million times, he did not yet reach even half of the honor that the Torah requires.

Rebbi Mana said: The millers are correct when they say that each and every person has in his chest that which is appropriate for him. Rebbi Tarphon’s mother said so and they answered her appropriately, Rebbi Ismael’s mother said so and they answered her appropriately. Rebbi Zeïra was sorry and said, if only I had father or mother that I could honor them and inherit paradise. When he heard these two instructions, he said: Praise to the All-Merciful that I have neither father nor mother. I could not have done as Rebbi Tarphon did and I could not accept what Rebbi Ismael accepted. Rebbi Abun said, I am free from honoring father and mother. They said, his father died when his mother was pregnant and she died in giving birth.

Rebbi Mana said: The millers are correct when they say that each and every person has in his chest that which is appropriate for him. Rebbi Tarphon’s mother said so and they answered her appropriately, Rebbi Ismael’s mother said so and they answered her appropriately. Rebbi Zeïra was sorry and said, if only I had father or mother that I could honor them and inherit paradise. When he heard these two instructions, he said: Praise to the All-Merciful that I have neither father nor mother. I could not have done as Rebbi Tarphon did and I could not accept what Rebbi Ismael accepted. Rebbi Abun said, I am free from honoring father and mother. They said, his father died when his mother was pregnant and she died in giving birth.

Rebbi Tarphon sat down to eat when he dropped his bread. They asked him, what is this? He said to them, I borrowed an axe and I prepared food in purity with it.

MISHNAH: If somebody keeps thistles growing in a vineyard, Rebbi Eliezer says he sanctified, but the Sages say only produce apt to be stored sanctifies. Iris, ivy, king’s lily, and all kinds of seed-plants are not kilaim in a vineyard. Hemp, Rebbi Tarphon says it is not kilaim but the Sages say it is kilaim. Artichokes are kilaim in a vineyard.

A similar case: When does a man acquire Sabbatical fruit? Rebbi Jeremiah wanted to say, when he puts them in his vessels. Rebbi Yose wanted to say, even if he puts them into his vessels he did not acquire them; he thinks that they are his but they are not his. Compare the following: Rebbi Tarphon went to eat single figs from somebody’s property without reciprocity, following the House of Shammai. The watchmen saw him and started whipping him. When he saw himself in danger, he said to them, by your lives, tell in Tarphon’s house to have his burial shrouds ready. When they heard this, they prostrated themselves before him and said, Rebbi, forgive us. He said to them, so and so should come upon me if I did not forgive you beforehand every stick that was coming down on me. In these two instances did Rebbi Tarphon follow the House of Shammai and endangered himself, in the case here and in the recitation of Shema'. Rebbi Abbahu in the name of Rebbi Ḥanina ben Gamliel: All his life did Rebbi Tarphon repent about this happening and said, woe to me that I used the Crown of the Torah.

A similar case: When does a man acquire Sabbatical fruit? Rebbi Jeremiah wanted to say, when he puts them in his vessels. Rebbi Yose wanted to say, even if he puts them into his vessels he did not acquire them; he thinks that they are his but they are not his. Compare the following: Rebbi Tarphon went to eat single figs from somebody’s property without reciprocity, following the House of Shammai. The watchmen saw him and started whipping him. When he saw himself in danger, he said to them, by your lives, tell in Tarphon’s house to have his burial shrouds ready. When they heard this, they prostrated themselves before him and said, Rebbi, forgive us. He said to them, so and so should come upon me if I did not forgive you beforehand every stick that was coming down on me. In these two instances did Rebbi Tarphon follow the House of Shammai and endangered himself, in the case here and in the recitation of Shema'. Rebbi Abbahu in the name of Rebbi Ḥanina ben Gamliel: All his life did Rebbi Tarphon repent about this happening and said, woe to me that I used the Crown of the Torah.

A similar case: When does a man acquire Sabbatical fruit? Rebbi Jeremiah wanted to say, when he puts them in his vessels. Rebbi Yose wanted to say, even if he puts them into his vessels he did not acquire them; he thinks that they are his but they are not his. Compare the following: Rebbi Tarphon went to eat single figs from somebody’s property without reciprocity, following the House of Shammai. The watchmen saw him and started whipping him. When he saw himself in danger, he said to them, by your lives, tell in Tarphon’s house to have his burial shrouds ready. When they heard this, they prostrated themselves before him and said, Rebbi, forgive us. He said to them, so and so should come upon me if I did not forgive you beforehand every stick that was coming down on me. In these two instances did Rebbi Tarphon follow the House of Shammai and endangered himself, in the case here and in the recitation of Shema'. Rebbi Abbahu in the name of Rebbi Ḥanina ben Gamliel: All his life did Rebbi Tarphon repent about this happening and said, woe to me that I used the Crown of the Torah.

A similar case: When does a man acquire Sabbatical fruit? Rebbi Jeremiah wanted to say, when he puts them in his vessels. Rebbi Yose wanted to say, even if he puts them into his vessels he did not acquire them; he thinks that they are his but they are not his. Compare the following: Rebbi Tarphon went to eat single figs from somebody’s property without reciprocity, following the House of Shammai. The watchmen saw him and started whipping him. When he saw himself in danger, he said to them, by your lives, tell in Tarphon’s house to have his burial shrouds ready. When they heard this, they prostrated themselves before him and said, Rebbi, forgive us. He said to them, so and so should come upon me if I did not forgive you beforehand every stick that was coming down on me. In these two instances did Rebbi Tarphon follow the House of Shammai and endangered himself, in the case here and in the recitation of Shema'. Rebbi Abbahu in the name of Rebbi Ḥanina ben Gamliel: All his life did Rebbi Tarphon repent about this happening and said, woe to me that I used the Crown of the Torah.

It was stated: “Rebbi Jehudah said, it happened that we were at Ein Kushin and ate arum at the end of the holiday at the end of the Sabbatical following instructions by Rebbi Tarphon. Rebbi Yose told him, I was with you but it was only the end of Passover.”

MISHNAH: One does not kindle with oil to be burned on a holiday. Rebbi Ismael says, one does not kindle with ˋiṭran because of the honor of the Sabbath. But the Sages permit all kinds of oil, sesame oil, nut oil, radish oil, fish oil, colocynth oil, ˋiṭran, and naphtha. Rebbi Tarphon says, one kindles only with olive oil.

“Rebbi Tarphon says, one kindles only with olive oil.” “Rebbi Joḥanan ben Nuri got on his feet and said, if it is so what should the people of Babylonia do who have only sesame oil? What should the people of Media do who have only nut oil? What should the people of Alexandria do who have only radish oil? What should the people of Kappadokia do who have neither one nor the other (but naphtha)? But you have only what the earlier ones permitted.”

“Gospels and books of heretics, some Tannaim say, one tears out the Names and burns them; some Tannaim say, one burns them with their Names. Rebbi Tarphon said, I would hit my sons; if they came into my house I would burn them together with their Names. For if a persecutor would persecute me I would seek asylum in a pagan temple but would not seek asylum in heretics’ houses, for the worshippers of idolatry do not know about Him, how could they disavow Him? But the heretics know Him and disavow Him; about them David said, Your haters,o Eternal, I shall hate, etc. This homily they preached: If in order to bring peace between a man and his wife the verse commands that the Name written in holiness be erased, it is only logical that the books of heretics which propagate ill will and quarrel between Israel and their Father in Heaven should be burned with their Names.”

There, we have stated: “A door-bolt, Rebbi Joshua says one may slip it off one door and hang it on another on the Sabbath. Rebbi Tarphon says, it is like any other implement and may be moved in the courtyard.” In the House of Rebbi Yannai they say, the Mishnah is about a courtyard without an eruv. If it is about a courtyard without an eruv, is that what we did state, “it is like any other implement and may be moved in the courtyard”? Rebbi Yose in the name of Rebbi Jeremiah, Rebbi Ḥananiah reaches it in the name of Rebbi Eleazar: they formulated before implements were permitted. (If they formulated before implements were permitted,) is that what we have stated: “it is like any other implement and may be moved in the courtyard”? Like the “three implements which can be carried in a courtyard: a small knife, the chopper of fig cake, and the soup ladle.”

MISHNAH: Somebody who sat down on the road; when he gets up, behold, he is close to a town: since it was not his intention he may not enter, the words of Rebbi Meïr. Rebbi Jehudah says, he may enter. Rebbi Jehudah said, it happened that Rebbi Tarphon entered without intention.

HALAKHAH: Paragraph. “If somebody slept on the road,” etc. They said, was not Rebbi Tarphon’s house of study within 2’000 cubits? Or maybe he made himself part of his town when it was still daytime? It was found stated: In the morning the sun shone. They told him, rabbi, here the town is before you, please enter.

Inside-out, the words of Rebbi Tarphon. Rebbi Ismael says, helmeted. It turns out that Rebbi Tarphon parallels Rebbi Aqiba, and Rebbi Ismael Rebbi Yose the Galilean; as we have stated: Rebbi Yose the Galilean said, “what is a helmeted kid-goat? Entirely roasted, its head, on its hooves, and on its innards. If he parboiled part of it, or cooked part of it, this is not a helmeted kid-goat. One serves helmeted kid-goat in the evening of the first day of Tabernacles, and on the last day of Passover. One serves helmeted calf on the first night of Passover but not helmeted kid-goat.”

Inside-out, the words of Rebbi Tarphon. Rebbi Ismael says, helmeted. It turns out that Rebbi Tarphon parallels Rebbi Aqiba, and Rebbi Ismael Rebbi Yose the Galilean; as we have stated: Rebbi Yose the Galilean said, “what is a helmeted kid-goat? Entirely roasted, its head, on its hooves, and on its innards. If he parboiled part of it, or cooked part of it, this is not a helmeted kid-goat. One serves helmeted kid-goat in the evening of the first day of Tabernacles, and on the last day of Passover. One serves helmeted calf on the first night of Passover but not helmeted kid-goat.”

It was stated: “A man has to make his family happy on a feast of pilgrimage. How does he make them happy? With wine. Rebbi Jehudah used to say, women with what is appropriate for them, and minors with what is appropriate for them. Women with what is appropriate for them, for example shoes and belts, and minors with what is appropriate for them, for example nuts and pistachios.” They said, Rebbi Tarphon acted in this way.

MISHNAH: How far does he say? The House of Shammai say, up to a happy mother of children. But the House of Hillel are saying, up to the pebble into a source of water, and he finishes with “redemption.” Rebbi Tarphon says, “Who freed us and freed our forefathers from Egypt and let us reach this night”, and does not seal. Rebbi Aqiba says, “so Eternal, our God, let us reach other festivals coming towards us in peace, happy in the rebuilding of Your city, enjoying Your service, and the renewal of Your Temple. There may we eat from the Pesaḥ and well-being offerings whose blood will reach to the wall of Your altar for pleasure and we shall thank You for our redemption. Praise to You, Eternal, Who redeems Israel.”

And from where that he was asked in eight? Rebbi Ḥiyya in the name of Rebbi Joḥanan : And Aaron’s holy garments shall be for his descendants [in his stead]. Why does the verse say, in his stead? For greatness after him. And from where that he officiated in eight? Rebbi Jeremiah in the name of Rebbi Joḥanan : And Aaron’s holy garments shall be for his descendants. Why does the verse say, in his stead? For sanctity after him. Rebbi Jonah said to him, I was with you; he did not say “officiated” but “was asked”. [In how many was he asked?] Rav Hoshaia brought a Mishnah of Bar Qappara from the South which stated: He officiates neither in the eight of a High Priest nor in the four of a common priest. Rebbi Abba said, it would be logical that he officiate in four. Why did they say that he did not officiate? Lest people say, we saw a High Priest who sometimes officiated in four like a simple priest. Rebbi Jonah said, would he not officiate inside and would he not be asked outside? Does one err between inside and outside? But did Rebbi Tarphon, the father of all of Israel, not err between blowing for assembly and the blowing for a sacrifice? As it is written: The descendants of Aaron, the priests, shall blow the trumpets, blameless ones, not with bodily defects, the words of Rebbi Aqiba. Rebbi Tarphon said to him, I would hit my sons if I did not see my mother’s brother, lame in one of his legs, standing in the Temple court with his trumpet in his hand and blowing! Rebbi Aqiba answered him, Rebbi, maybe you saw him only at the time of assembly; but I was saying, at the time of sacrifices. Rebbi Tarphon said to him, I would hit my sons but you did not deviate right or left. I am the one who heard but I could not explain. You derive it and agree with tradition. Therefore, anybody who separates from you is as if he separated himself from his life.

And from where that he was asked in eight? Rebbi Ḥiyya in the name of Rebbi Joḥanan : And Aaron’s holy garments shall be for his descendants [in his stead]. Why does the verse say, in his stead? For greatness after him. And from where that he officiated in eight? Rebbi Jeremiah in the name of Rebbi Joḥanan : And Aaron’s holy garments shall be for his descendants. Why does the verse say, in his stead? For sanctity after him. Rebbi Jonah said to him, I was with you; he did not say “officiated” but “was asked”. [In how many was he asked?] Rav Hoshaia brought a Mishnah of Bar Qappara from the South which stated: He officiates neither in the eight of a High Priest nor in the four of a common priest. Rebbi Abba said, it would be logical that he officiate in four. Why did they say that he did not officiate? Lest people say, we saw a High Priest who sometimes officiated in four like a simple priest. Rebbi Jonah said, would he not officiate inside and would he not be asked outside? Does one err between inside and outside? But did Rebbi Tarphon, the father of all of Israel, not err between blowing for assembly and the blowing for a sacrifice? As it is written: The descendants of Aaron, the priests, shall blow the trumpets, blameless ones, not with bodily defects, the words of Rebbi Aqiba. Rebbi Tarphon said to him, I would hit my sons if I did not see my mother’s brother, lame in one of his legs, standing in the Temple court with his trumpet in his hand and blowing! Rebbi Aqiba answered him, Rebbi, maybe you saw him only at the time of assembly; but I was saying, at the time of sacrifices. Rebbi Tarphon said to him, I would hit my sons but you did not deviate right or left. I am the one who heard but I could not explain. You derive it and agree with tradition. Therefore, anybody who separates from you is as if he separated himself from his life.

And from where that he was asked in eight? Rebbi Ḥiyya in the name of Rebbi Joḥanan : And Aaron’s holy garments shall be for his descendants [in his stead]. Why does the verse say, in his stead? For greatness after him. And from where that he officiated in eight? Rebbi Jeremiah in the name of Rebbi Joḥanan : And Aaron’s holy garments shall be for his descendants. Why does the verse say, in his stead? For sanctity after him. Rebbi Jonah said to him, I was with you; he did not say “officiated” but “was asked”. [In how many was he asked?] Rav Hoshaia brought a Mishnah of Bar Qappara from the South which stated: He officiates neither in the eight of a High Priest nor in the four of a common priest. Rebbi Abba said, it would be logical that he officiate in four. Why did they say that he did not officiate? Lest people say, we saw a High Priest who sometimes officiated in four like a simple priest. Rebbi Jonah said, would he not officiate inside and would he not be asked outside? Does one err between inside and outside? But did Rebbi Tarphon, the father of all of Israel, not err between blowing for assembly and the blowing for a sacrifice? As it is written: The descendants of Aaron, the priests, shall blow the trumpets, blameless ones, not with bodily defects, the words of Rebbi Aqiba. Rebbi Tarphon said to him, I would hit my sons if I did not see my mother’s brother, lame in one of his legs, standing in the Temple court with his trumpet in his hand and blowing! Rebbi Aqiba answered him, Rebbi, maybe you saw him only at the time of assembly; but I was saying, at the time of sacrifices. Rebbi Tarphon said to him, I would hit my sons but you did not deviate right or left. I am the one who heard but I could not explain. You derive it and agree with tradition. Therefore, anybody who separates from you is as if he separated himself from his life.

Ten times did the High Priest pronounce the Name on the Day of Atonement: Six times with the bull, and three with the he-goat, and once with the lots. Those near were falling on their faces, those farther away were saying “Praised be the glory of His Kingdom forever and ever”. These and those did not move away from there before they forgot it. This is My Name forever, “this is My Name to conceal.” In earlier times he was saying it aloud. Since the lawless increased, he said it softly. Rebbi Tarphon said, I was standing in a row with my brothers the Cohanim and turned my ear towards the High Priest, when I heard him mixing it with the song of the Cohanim. In earlier times it was given to everybody. Since the lawless increased, it was given only to qualified ones.

HALAKHAH: At first one dips it in sauce. If she feels well again it is good. Otherwise one gives her of the body of forbidden food. Two pregnant women came before Rebbi Tarphon. He sent two students to them and told them, go and tell them, it is the Great Fast-day. They said it to the first one and she quieted down. They said about him, from my mother’swomb You are my God. They said it to the second, who did not quiet down. They said about him, The wicked are perverts from the womb; they err from the belly, the speakers of lies!

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.

Rebbi Simeon bar Abba in the name of Rebbi Joḥanan. So is the Mishnah: If one can shake it, it is qualified. It was stated: Myrtle and willow twig three, and lulav four. It was stated, by the cubit of five {hand-breadths}, the words of Rebbi Tarphon, but the Sages are saying, by the cubit of six. For Rebbi Tarphon, large hand-breadths; in the opinion of the Sages, thin hand-breadths. Rebbi Jonah and Rebbi Simeon ben Laqish in the name of Rebbi Jehudah the Patriarch: The lulav a hand-breadth. Rebbi Simon in the name of Rebbi Joshua ben Levi: the hyssop a hand-breadth. Rebbi Ze`ira asked, the lulav a hand-breadth, the hyssop a hand-breadth? Rebbi Yose said, Rebbi Simon confirmed it. Rebbi Ḥinena, Rebbi Simon in the name of Rebbi Joshua ben Levi: the lulav a hand-breadth, the hyssop a hand-breadth, the ram’s horn a hand-breadth, the placenta a hand-breadth, and some are saying, also the third wall a hand-breadth. Rebbi Ze`ira asked, the lulav a hand-breadth except the spine? The hyssop a hand-breadth except for the stalk? Rebbi Yose, Rebbi Tabi in the name of Rav; Rebbi Ḥinena, Rebbi Parnakh, Rav Mattanah, Yose bar Manisha in the name of Rav: The lulav a hand-breadth except for the spine; the hyssop a hand-breadth except for its stalks.

Rebbi Simeon bar Abba in the name of Rebbi Joḥanan. So is the Mishnah: If one can shake it, it is qualified. It was stated: Myrtle and willow twig three, and lulav four. It was stated, by the cubit of five {hand-breadths}, the words of Rebbi Tarphon, but the Sages are saying, by the cubit of six. For Rebbi Tarphon, large hand-breadths; in the opinion of the Sages, thin hand-breadths. Rebbi Jonah and Rebbi Simeon ben Laqish in the name of Rebbi Jehudah the Patriarch: The lulav a hand-breadth. Rebbi Simon in the name of Rebbi Joshua ben Levi: the hyssop a hand-breadth. Rebbi Ze`ira asked, the lulav a hand-breadth, the hyssop a hand-breadth? Rebbi Yose said, Rebbi Simon confirmed it. Rebbi Ḥinena, Rebbi Simon in the name of Rebbi Joshua ben Levi: the lulav a hand-breadth, the hyssop a hand-breadth, the ram’s horn a hand-breadth, the placenta a hand-breadth, and some are saying, also the third wall a hand-breadth. Rebbi Ze`ira asked, the lulav a hand-breadth except the spine? The hyssop a hand-breadth except for the stalk? Rebbi Yose, Rebbi Tabi in the name of Rav; Rebbi Ḥinena, Rebbi Parnakh, Rav Mattanah, Yose bar Manisha in the name of Rav: The lulav a hand-breadth except for the spine; the hyssop a hand-breadth except for its stalks.

MISHNAH: Rebbi Ismael says, three myrtle branches and two willow twigs, one lulav and one etrog; even two truncated and one not chopped off. Rebbi Tarphon says, even all three truncated. Rebbi Aqiba says, just as there is one lulav and one etrog so there is one myrtle branch and one willow twig.

HALAKHAH: “Rebbi Ismael explained, a fruit of the splendor tree, one. Date-palm roped, one. A branch of the rope tree, three. And brook-willows, two. And two lifted ones; one which is not truncated. Rebbi Tarphon says, even if all three are truncated.” Rebbi Abba bar Mamal asked before Rebbi Immi: Since Rebbi Ismael adds for the myrtle, should he not add for the other kinds? He answered, you are thinking that Rebbi Ismael thinks that truncated is splendor, and we have stated, “Rebbi Tarphon says, even if all three are truncates.” Nobody says “even” if he does not accept the preceding statement. Rebbi Ḥaggai asked before Rebbi Jose: What does Rebbi Tarphon add to the words of Rebbi Ismael? He answered him, Rebbi Ismael does not think that truncated is splendor, but Rebbi Tarphon thinks that truncated is splendor. When Rebbi Yasa came up here he saw them being selective about myrtle branches. He said, why are the Westerners selective about myrtle branches? He had not heard thar Rebbi Simon said in the name of Rebbi Joshua ben Levi: And they made known and proclaimed in all cities etc. Myrtle is not the same as rope tree, but myrtle is for the sukkah, and rope tree for the lulav. Rebbi Ze`ira blew it.

HALAKHAH: “Rebbi Ismael explained, a fruit of the splendor tree, one. Date-palm roped, one. A branch of the rope tree, three. And brook-willows, two. And two lifted ones; one which is not truncated. Rebbi Tarphon says, even if all three are truncated.” Rebbi Abba bar Mamal asked before Rebbi Immi: Since Rebbi Ismael adds for the myrtle, should he not add for the other kinds? He answered, you are thinking that Rebbi Ismael thinks that truncated is splendor, and we have stated, “Rebbi Tarphon says, even if all three are truncates.” Nobody says “even” if he does not accept the preceding statement. Rebbi Ḥaggai asked before Rebbi Jose: What does Rebbi Tarphon add to the words of Rebbi Ismael? He answered him, Rebbi Ismael does not think that truncated is splendor, but Rebbi Tarphon thinks that truncated is splendor. When Rebbi Yasa came up here he saw them being selective about myrtle branches. He said, why are the Westerners selective about myrtle branches? He had not heard thar Rebbi Simon said in the name of Rebbi Joshua ben Levi: And they made known and proclaimed in all cities etc. Myrtle is not the same as rope tree, but myrtle is for the sukkah, and rope tree for the lulav. Rebbi Ze`ira blew it.

HALAKHAH: “Rebbi Ismael explained, a fruit of the splendor tree, one. Date-palm roped, one. A branch of the rope tree, three. And brook-willows, two. And two lifted ones; one which is not truncated. Rebbi Tarphon says, even if all three are truncated.” Rebbi Abba bar Mamal asked before Rebbi Immi: Since Rebbi Ismael adds for the myrtle, should he not add for the other kinds? He answered, you are thinking that Rebbi Ismael thinks that truncated is splendor, and we have stated, “Rebbi Tarphon says, even if all three are truncates.” Nobody says “even” if he does not accept the preceding statement. Rebbi Ḥaggai asked before Rebbi Jose: What does Rebbi Tarphon add to the words of Rebbi Ismael? He answered him, Rebbi Ismael does not think that truncated is splendor, but Rebbi Tarphon thinks that truncated is splendor. When Rebbi Yasa came up here he saw them being selective about myrtle branches. He said, why are the Westerners selective about myrtle branches? He had not heard thar Rebbi Simon said in the name of Rebbi Joshua ben Levi: And they made known and proclaimed in all cities etc. Myrtle is not the same as rope tree, but myrtle is for the sukkah, and rope tree for the lulav. Rebbi Ze`ira blew it.

HALAKHAH: “Rebbi Ismael explained, a fruit of the splendor tree, one. Date-palm roped, one. A branch of the rope tree, three. And brook-willows, two. And two lifted ones; one which is not truncated. Rebbi Tarphon says, even if all three are truncated.” Rebbi Abba bar Mamal asked before Rebbi Immi: Since Rebbi Ismael adds for the myrtle, should he not add for the other kinds? He answered, you are thinking that Rebbi Ismael thinks that truncated is splendor, and we have stated, “Rebbi Tarphon says, even if all three are truncates.” Nobody says “even” if he does not accept the preceding statement. Rebbi Ḥaggai asked before Rebbi Jose: What does Rebbi Tarphon add to the words of Rebbi Ismael? He answered him, Rebbi Ismael does not think that truncated is splendor, but Rebbi Tarphon thinks that truncated is splendor. When Rebbi Yasa came up here he saw them being selective about myrtle branches. He said, why are the Westerners selective about myrtle branches? He had not heard thar Rebbi Simon said in the name of Rebbi Joshua ben Levi: And they made known and proclaimed in all cities etc. Myrtle is not the same as rope tree, but myrtle is for the sukkah, and rope tree for the lulav. Rebbi Ze`ira blew it.

MISHNAH: An animal which dies one may not move from its place. It happened that Rebbi Tarphon was asked about this and about ḥallah which became impure. He entered the study hall and asked. They told him that one may not move them from their place.

HALAKHAH: Samuel said, the five Elders who instructed Rebbi Tarphon in Lydda erred. Rav Mattanah said, the case concerned a firstling Rebbi Abbin said, the Mishnah says so: “about this and about ḥallah which became impure.” Since that one was holy, so also this one was holy. They asked before Levi, may one inspect a torn animal in a dark house? He said, bring it outside. Rebbi Immi asked, we heard that one does not inspect cases of skin disease in a dark house. Did we hear that one does not inspect a torn animal in a dark house? Rebbi Yose ben Rebbi Abun said, it is not because of this reason, but lest it would be found ṭerefah and be forbidden to be moved. It turns out that Rav Mattanah follows Samuel, and Levi Rav. Rebbi Abba, Rav Jehudah in the name of Samuel said, practice follows Rebbi Jehudah.

MISHNAH: If they were fasting and it rained before sunrise, they do not finish; after sunrise they finish. Rebbi Eliezer says, before noon they do not finish, after noontime they finish. It happened that they decided on a fast at Lydda when it rained before noon. Rebbi Tarphon said to them, go, eat, drink, and make a holiday. They went, ate, drank, made a holiday, and returned in the evening and recited the Great Hallel. What is the Great Hallel? Give thanks to the supreme Power; truly, His kindness is forever. Give thanks to the Master of masters, etc.

“The only difference between Sabbath and the Day of Atonement is that in the first case its intentional desecration is punished by man and in the second case by extirpation.” Therefore, for payment both follow the same rules. This is by Rebbi Neḥoniah ben Haqanah since Rebbi Neḥoniah ben Haqanah says, the Day of Atonement follows the rules of Sabbath for payment. But Rebbi Simeon ben Menassiah says those subject to extirpation equal those subject to capital punishment. What is between them? Rebbi Aḥa in the name of Rebbi Abuna said, a menstruating adolescent girl is between them. Rebbi Mana said, also his wife’s sister is between them. In the opinion of Rebbi Neḥoniah ben Haqanah, just as the Sabbath does not become permitted after its prohibition started; so the Day of Atonement does not become permitted after its prohibition started. However, these may become permitted after their prohibition started, he has to pay. But Rebbi Simeon ben Menassiah said, extirpation applies to the Sabbath and the day of Atonement; extirpation does not apply to these, he has to pay. Rebbi Judah bar Pazi asked: What say these Tannaim about whipping and extirpation? Rebbi Yose said, that is a problem for the rabbis. Rebbi Jonah said, why can we not understand it from what Rebbi Simeon ben Yoḥai stated? As Rebbi Simeon ben Yoḥai stated: Rebbi Tarphon says, extirpation was mentioned for the Sabbath and the Day of Atonement. Since for extirpation mentioned for the Sabbath there can be no whipping connected to extirpation, so for extirpation mentioned for the Day of Atonement there is no whipping in a case involving extirpation. Rebbi Mana said before Rebbi Yose: When do we need this? Not for Rebbi Simeon ben Laqish? But for Rebbi Joḥanan, if he admits flogging in death penalty cases, certainly flogging in extirpation cases, since they disagreed: If somebody slaughters an animal and its young for idolatrous purposes. Rebbi Joḥanan says, if he was cautioned about an animal and its young, he is flogged, about idolatry, he is stoned to death. Rebbi Simeon ben Laqish said, even if he was cautioned about an animal and its young, he is not flogged since he would be stoned to death had he been cautioned about idolatry. He said to him, we need it even for Rebbi Joḥanan! Here are two cases, there it is one case.

And from where that he was asked in eight? Rebbi Abba, Rebbi Ḥiyya, Rebbi Ḥiyya in the name of Rebbi Joḥanan: And Aaron’s holy garments shall be for his descendants in his stead. Why does the verse say, in his stead? For greatness after him. And from where that he officiated in eight? Rebbi Immi in the name of Rebbi Joḥanan: And Aaron’s holy garments shall be for his descendants. Why does the verse say, in his stead? For greatness after him. Rebbi Jonah said to him, I was with you; he did not say “officiated” but “was asked”. Rav Hoshaia brought a Mishnah of Bar Qappara from the South which stated: But the Sages are saying that he is qualified neither in the four of a common priest nor in the eight of a High Priest. Rebbi Abba said, it would be logical that he officiate in four. Why did they say that he does not officiate? Lest people say, we saw a High Priest, sometimes he officiates in four, sometimes he officiates in eight. Rebbi Jonah said, would he not officiate inside and would he not be asked outside? Does one err between inside and outside? But did Rebbi Tarphon, the father of all of Israel, not err between blowing for assembly and the blowing for a sacrifice? As it is stated: The descendants of Aaron, the priests, shall blow the trumpets, blameless ones, not with bodily defects, the words of Rebbi Aqiba. Rebbi Tarphon said to him, I would hit my sons if I did not see Simeon, my mother’s brother, lame in one of his legs, standing in the Temple court with his trumpet in his hand and blowing! Rebbi Aqiba answered him, maybe you saw him only at the time of assembly; but I was saying, at the time of sacrifices. Rebbi Tarphon said to him, I would hit my sons but you did not deviate right or left. I am the one who saw the act and forgot. You derive it and agree with tradition. Therefore, anybody who separates from you is as if he separated himself from his life.

And from where that he was asked in eight? Rebbi Abba, Rebbi Ḥiyya, Rebbi Ḥiyya in the name of Rebbi Joḥanan: And Aaron’s holy garments shall be for his descendants in his stead. Why does the verse say, in his stead? For greatness after him. And from where that he officiated in eight? Rebbi Immi in the name of Rebbi Joḥanan: And Aaron’s holy garments shall be for his descendants. Why does the verse say, in his stead? For greatness after him. Rebbi Jonah said to him, I was with you; he did not say “officiated” but “was asked”. Rav Hoshaia brought a Mishnah of Bar Qappara from the South which stated: But the Sages are saying that he is qualified neither in the four of a common priest nor in the eight of a High Priest. Rebbi Abba said, it would be logical that he officiate in four. Why did they say that he does not officiate? Lest people say, we saw a High Priest, sometimes he officiates in four, sometimes he officiates in eight. Rebbi Jonah said, would he not officiate inside and would he not be asked outside? Does one err between inside and outside? But did Rebbi Tarphon, the father of all of Israel, not err between blowing for assembly and the blowing for a sacrifice? As it is stated: The descendants of Aaron, the priests, shall blow the trumpets, blameless ones, not with bodily defects, the words of Rebbi Aqiba. Rebbi Tarphon said to him, I would hit my sons if I did not see Simeon, my mother’s brother, lame in one of his legs, standing in the Temple court with his trumpet in his hand and blowing! Rebbi Aqiba answered him, maybe you saw him only at the time of assembly; but I was saying, at the time of sacrifices. Rebbi Tarphon said to him, I would hit my sons but you did not deviate right or left. I am the one who saw the act and forgot. You derive it and agree with tradition. Therefore, anybody who separates from you is as if he separated himself from his life.

And from where that he was asked in eight? Rebbi Abba, Rebbi Ḥiyya, Rebbi Ḥiyya in the name of Rebbi Joḥanan: And Aaron’s holy garments shall be for his descendants in his stead. Why does the verse say, in his stead? For greatness after him. And from where that he officiated in eight? Rebbi Immi in the name of Rebbi Joḥanan: And Aaron’s holy garments shall be for his descendants. Why does the verse say, in his stead? For greatness after him. Rebbi Jonah said to him, I was with you; he did not say “officiated” but “was asked”. Rav Hoshaia brought a Mishnah of Bar Qappara from the South which stated: But the Sages are saying that he is qualified neither in the four of a common priest nor in the eight of a High Priest. Rebbi Abba said, it would be logical that he officiate in four. Why did they say that he does not officiate? Lest people say, we saw a High Priest, sometimes he officiates in four, sometimes he officiates in eight. Rebbi Jonah said, would he not officiate inside and would he not be asked outside? Does one err between inside and outside? But did Rebbi Tarphon, the father of all of Israel, not err between blowing for assembly and the blowing for a sacrifice? As it is stated: The descendants of Aaron, the priests, shall blow the trumpets, blameless ones, not with bodily defects, the words of Rebbi Aqiba. Rebbi Tarphon said to him, I would hit my sons if I did not see Simeon, my mother’s brother, lame in one of his legs, standing in the Temple court with his trumpet in his hand and blowing! Rebbi Aqiba answered him, maybe you saw him only at the time of assembly; but I was saying, at the time of sacrifices. Rebbi Tarphon said to him, I would hit my sons but you did not deviate right or left. I am the one who saw the act and forgot. You derive it and agree with tradition. Therefore, anybody who separates from you is as if he separated himself from his life.

“Rebbi Jehudah qualifies the underage.” “Rebbi Jehudah said, I was a minor and read it in front of Rebbi Tarphon at Lydda. They said to him, you were a minor and there is no testimony from minors. Rebbi said, it happened and I read it in the presence of Rebbi Jehudah at Usha. They said to him, that is no proof since he is the one who permits it.” From then on the public used to read it in the synagogue. Bar Qappara said, one has to read it in front of women and children because they also were in the doubt. Rebbi Joshua ben Levi acted thus; he assembled his sons and the people of his house and read it in front of them.

There, we have stated: “All vessels have back and interior, and they have finger-holes. Rebbi Tarphon says, concerning a large wooden trough. Rebbi Aqiba says, concerning cups. Rebbi Meïr says, concerning impure and pure hands. Rebbi Yose says, they referred only to pure hands.” Following Rebbi Meïr, if his hands were impure and the back of the cup pure, fluid outside on the cup and he touches it in his finger-hole, it is obvious that the fluid does not become impure from his hands to make the cup impure. Just as the fluid does not become impure from his hands to make the cup impure, will the fluid not become impure from his hands to make a loaf impure at another place? Let us hear from the following. Pure fluids are on the ground. If an impure loaf touched them, it made them impure. In which respect did it make impure? Not to make a loaf impure at another place? Because they are on the ground; therefore not on a cup. But maybe fluid is on the hand and he holds at finger-holes, even so does the fluid become impure from the cup to make the hand impure? Let us hear from the following. Impure fluids are on the ground. If a pure loaf touched them, it became impure. It only says, a loaf; therefore not a hand. And following Rebbi Yose, if his hands were pure but the back of the cup impure, there is fluid on his hand, and he holds in the finger-holes, it is obvious that the fluid does not become impure from the cup to make the hand impure. Just as the fluid does not become impure from the cup to make the hand impure, will the fluid not become impure from his hands to make a loaf impure at another place? Let us hear from the following. Impure fluids are on the ground. If pure loaf touched them, it became impure. In which respect did it become impure? Not to make a loaf impure at another place? Because they are on the ground; therefore not on a hand. But maybe fluid is on the cup and he holds at finger-holes, even so does the fluid become impure from the hand to make the cup impure? Let us hear from the following. Impure fluids are in the finger-holes. If a cup whose back is pure touched its finger-holes it became impure.

Rebbi Eleazar said, even though the House of Hillel and the House of Shammai disagreed about co-wives, they agree that the child is not a bastard, since a bastard is only from a woman which is forbidden to [a man] by an incest prohibition and one is subject to extirpation for [sinning with] her. Rebbi Tarphon said, I would love to have a daughter’s co-wife to marry her into priesthood. They asked Rebbi Joshua, what are children of a daughter’s co-wife? He said to them, you bring my head between two large mountains, between the words of the House of Shammai and those of the House of Hillel, that they should smash my brain. But I testify about the family ‘Anubai from Bet Ṣeba‘im and the family Neqipai from Bet Meqošeš that they were sons of co-wives and their grandchildren were High Priests officiating on top of the altar.

Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: It happened that the Sages visited Rebbi Dosa ben Hyrkanos to ask him about the daughter’s co-wife. They said to him, are you the one who permits co-wives? He said to them, what did you hear? Dosa ben Hyrkanos? They said to him, ben Hyrkanos. He said to them, my brother Jonathan is exceedingly sharpminded and of the students of the House of Shammai. Be careful with him, he has three hundred arguments about the daughter’s co-wife. They went to him. He sent and wrote to him, be careful because the Sages of Israel will visit you. They came and he placed them before him. He lectured but they did not understand, repeatedly. They started to get drowsy. He said to them, why are you getting drowsy? He started pelting them with pebbles. But some people said, they entered in one door and left in three. He sent to say to him, why did you send to me, the people want to learn and you said to me, these are the Sages of Israel? They came to him and said to him, what do you say in the matter? He said, on this stone sat the prophet Ḥaggai and testified to three things: On the daughter’s co-wife that she can be married into priesthood, on Ammon and Moab that they tithe for the poor in a Sabbatical year, and on proselytes of Palmyra that they are acceptable to marry into the congregation. He said, lift my eyelids so I can see the Sages of Israel. He saw Rebbi Joshua and said to him: “To whom will one teach knowledge?” I remember that his mother brought his crib to the Synagogue that his ears should cling to the words of the Torah. [He saw] Rebbi Aqiba, and said to him: “Lion cubs will be poor and hungry.” I know of him that he is a man strong in Torah. He saw Rebbi Eleazar ben Azariah and said to him: “I was a youth but became an elder.” I know of him that he is the tenth generation from Ezra and their eyes are similar. Rebbi Ḥanina from Sepphoris said, Rebbi Tarphon also was with them and he addressed him as he did Rebbi Eleazar ben Azariah.

MISHNAH: If a woman went overseas with her husband and she returns and says “my husband died”, she can remarry and collect her ketubah, but her co-wife remains forbidden. If she was the daughter of an Israel married to a Cohen, she should eat heave, the words of Rebbi Tarphon. Rebbi Aqiba says, in this way one does not remove her from sin unless she be forbidden to remarry and forbidden to eat heave.

MISHNAH: If a woman went overseas with her husband and she returns and says “my husband died and then my father-in-law died”, she can remarry and collect her ketubah, but her mother-in-law remains forbidden. If she was the daughter of an Israel married to a Cohen, she should eat heave, the words of Rebbi Tarphon. Rebbi Aqiba says, in this way one does not remove her from sin unless she be forbidden to remarry and forbidden to eat heave.

MISHNAH: If he became betrothed to one of five women but it cannot be ascertained to which of them he became betrothed, and each one says he became betrothed to me, he gives a bill of divorce to each of them, puts up the amount of one ketubah between them and removes himself, the words of Rebbi Tarphon. Rebbi Aqiba says, in this way one does not remove him from sin unless he gives a bill of divorce and pays the ketubah to each of them. He robbed one of five people, it is not known which of them he robbed and each one says “I was robbed”, he puts up the amount of the robbery between them and removes himself, the words of Rebbi Tarphon. Rebbi Aqiba says, in this way one does not remove him from sin unless he pays the amount of the robbery to each of them.

MISHNAH: If he became betrothed to one of five women but it cannot be ascertained to which of them he became betrothed, and each one says he became betrothed to me, he gives a bill of divorce to each of them, puts up the amount of one ketubah between them and removes himself, the words of Rebbi Tarphon. Rebbi Aqiba says, in this way one does not remove him from sin unless he gives a bill of divorce and pays the ketubah to each of them. He robbed one of five people, it is not known which of them he robbed and each one says “I was robbed”, he puts up the amount of the robbery between them and removes himself, the words of Rebbi Tarphon. Rebbi Aqiba says, in this way one does not remove him from sin unless he pays the amount of the robbery to each of them.

“He robbed one of five people.” Rebbi Assi said, there is a Mishnah which follows Rebbi Aqiba against Rebbi Tarphon. As we have stated there: “If he said to two people, I robbed a mina from one of you but I do not know who of you it was; I received a deposit of a mina from the father of one of you but I do not know who of you it was; he gives to each of them a mina because he confessed himself.” Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: This is everybody’s opinion. One says, to be clean before Heaven. Rebbi Abba in the name of Rav Jehudah: Here, if witnesses know; there, if no witnesses know. Rebbi Hila in the name of Rebbi Eleazar: Here if they are silent; there if they are talking. Rebbi Jeremiah in the name of Rav: Here if he swore; there if he did not swear. Rebbi Joḥanan said, if he swore, he should have appointed an officer of the court and hand it over to him. Rebbi Joḥanan seems to say, a court which determined that one was a robber, not a court which determined that one was robbed. Rav said, a court which determined that one was robbed, not a court which determined that one was a robber. The strength of Rav is from the following, that Rebbi Simeon ben Eleazar said, a court which determined that one was robbed, not a court which determined that one was a robber. Otherwise he should have kept silent. Rebbi Jeremiah wanted to say, he should have kept silent and not confessed. Rebbi Yose wanted to say, he should have kept silent and not have sworn. Rebbi Yudan said, even following those who say that there is no difference between keeping silent and talking in matters of a robbery, for a deposit they agree that he who keeps silent is rewarded and he who talks loses. He who keeps silent is rewarded from the following: “Two people deposited with the same person, one a mina and one 200 [tetradrachmas]. This one says, the 200 belong to me, and that one says, the 200 belong to me. He gives each one a mina and the rest shall lie with him until Elijah comes.” He who talks loses, from this: “If he said to two people, I robbed a mina from one of you but I do not know which one of you.”

HALAKHAH: “I had a son overseas.” Rebbi Ḥanania asked before Rebbi Hila: Who is the one who stated that one takes her words into account and she performs ḥalîṣah? Rebbi Tarphon, but not Rebbi Aqibah! He said to him, it is the opinion of everybody and even Rebbi Aqiba agrees to it. What is the difference betweeen this statement and the first one? There, you say that she is not to be believed. But here, you say that she is believed! (When she left as included in the permission of levirate. But) where you say that she is not believed, when she left and was not included in the permission of levirate.

Rav Jehudah in the name of Rav: Practice does not follow Rebbi Jehudah ben Baba in the case of an Israel. The words of the Rabbis say the same since Rebbi Samuel, Rebbi Abbahu, Rebbi (Aqiba) [Jacob] bar Aḥa said in the name of Rebbi Yasa, one does not subject witnesses to a death to cross-examination. It happened that somebody came before Rebbi Tarphon about a woman who wanted to remarry. He said to him, my son, how can you testify for the woman that she can remarry? He said to him, Rabbi, he was with us in a caravan when we were attacked by an armed gang. He hung himself at a branch of an olive tree, tore it off, ran after the armed gang and returned. I said to him, my son, I am praising you as a lion. He said to me, you got my name well; in my city I am called Joḥanan ben Jonathan the lion from Kefar Shiḥla. I said to him, my son, you said very well Joḥanan ben Jonathan the lion from Kefar Shiḥla. He said to me, no, what I said was Joḥanan ben Jonathan the lion from Kefar Shiḥla. I said to him, did you not say Jonathan ben Joḥanan the lion from Kefar Shiḥla? He said to me, no, what I said was Joḥanan ben Jonathan the lion from Kefar Shiḥla. After some time he became sick and died; Rebbi Tarphon checked out his testimony and let his widow remarry. It was found stated: “One does not subject witnesses to a death to cross-examination, against Rebbi Tarphon, since Rebbi Tarphon said, one subjects witnesses to a death to cross-examination.

Rav Jehudah in the name of Rav: Practice does not follow Rebbi Jehudah ben Baba in the case of an Israel. The words of the Rabbis say the same since Rebbi Samuel, Rebbi Abbahu, Rebbi (Aqiba) [Jacob] bar Aḥa said in the name of Rebbi Yasa, one does not subject witnesses to a death to cross-examination. It happened that somebody came before Rebbi Tarphon about a woman who wanted to remarry. He said to him, my son, how can you testify for the woman that she can remarry? He said to him, Rabbi, he was with us in a caravan when we were attacked by an armed gang. He hung himself at a branch of an olive tree, tore it off, ran after the armed gang and returned. I said to him, my son, I am praising you as a lion. He said to me, you got my name well; in my city I am called Joḥanan ben Jonathan the lion from Kefar Shiḥla. I said to him, my son, you said very well Joḥanan ben Jonathan the lion from Kefar Shiḥla. He said to me, no, what I said was Joḥanan ben Jonathan the lion from Kefar Shiḥla. I said to him, did you not say Jonathan ben Joḥanan the lion from Kefar Shiḥla? He said to me, no, what I said was Joḥanan ben Jonathan the lion from Kefar Shiḥla. After some time he became sick and died; Rebbi Tarphon checked out his testimony and let his widow remarry. It was found stated: “One does not subject witnesses to a death to cross-examination, against Rebbi Tarphon, since Rebbi Tarphon said, one subjects witnesses to a death to cross-examination.

Rav Jehudah in the name of Rav: Practice does not follow Rebbi Jehudah ben Baba in the case of an Israel. The words of the Rabbis say the same since Rebbi Samuel, Rebbi Abbahu, Rebbi (Aqiba) [Jacob] bar Aḥa said in the name of Rebbi Yasa, one does not subject witnesses to a death to cross-examination. It happened that somebody came before Rebbi Tarphon about a woman who wanted to remarry. He said to him, my son, how can you testify for the woman that she can remarry? He said to him, Rabbi, he was with us in a caravan when we were attacked by an armed gang. He hung himself at a branch of an olive tree, tore it off, ran after the armed gang and returned. I said to him, my son, I am praising you as a lion. He said to me, you got my name well; in my city I am called Joḥanan ben Jonathan the lion from Kefar Shiḥla. I said to him, my son, you said very well Joḥanan ben Jonathan the lion from Kefar Shiḥla. He said to me, no, what I said was Joḥanan ben Jonathan the lion from Kefar Shiḥla. I said to him, did you not say Jonathan ben Joḥanan the lion from Kefar Shiḥla? He said to me, no, what I said was Joḥanan ben Jonathan the lion from Kefar Shiḥla. After some time he became sick and died; Rebbi Tarphon checked out his testimony and let his widow remarry. It was found stated: “One does not subject witnesses to a death to cross-examination, against Rebbi Tarphon, since Rebbi Tarphon said, one subjects witnesses to a death to cross-examination.

Rav Jehudah in the name of Rav: Practice does not follow Rebbi Jehudah ben Baba in the case of an Israel. The words of the Rabbis say the same since Rebbi Samuel, Rebbi Abbahu, Rebbi (Aqiba) [Jacob] bar Aḥa said in the name of Rebbi Yasa, one does not subject witnesses to a death to cross-examination. It happened that somebody came before Rebbi Tarphon about a woman who wanted to remarry. He said to him, my son, how can you testify for the woman that she can remarry? He said to him, Rabbi, he was with us in a caravan when we were attacked by an armed gang. He hung himself at a branch of an olive tree, tore it off, ran after the armed gang and returned. I said to him, my son, I am praising you as a lion. He said to me, you got my name well; in my city I am called Joḥanan ben Jonathan the lion from Kefar Shiḥla. I said to him, my son, you said very well Joḥanan ben Jonathan the lion from Kefar Shiḥla. He said to me, no, what I said was Joḥanan ben Jonathan the lion from Kefar Shiḥla. I said to him, did you not say Jonathan ben Joḥanan the lion from Kefar Shiḥla? He said to me, no, what I said was Joḥanan ben Jonathan the lion from Kefar Shiḥla. After some time he became sick and died; Rebbi Tarphon checked out his testimony and let his widow remarry. It was found stated: “One does not subject witnesses to a death to cross-examination, against Rebbi Tarphon, since Rebbi Tarphon said, one subjects witnesses to a death to cross-examination.

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.

“An offering of remembrance,” a general statement; “referring to sin”, a detailed statement. If a general statement is followed by a specific one, the general does not mean more than the specific. If you say so, do you not find the argument disadvantaged? If punishment, which is given out sparingly, can refer, then reward, which is given out in abundance, should do so much more! But, “an offering of remembrance,” if she has merit, “referring to sin”, if she has no merit. It was stated: Rebbi Tarphon said, all statements of “remembrance” in the Torah have a good meaning except this one which is for punishment. Rebbi Aqiba said to him: If it only said, “referring to sin”, and then was silent, I would agree with your statement. But since it says “an offering of remembrance,” this must be for a good [purpose].

MISHNAH: The following leave without ketubah: Any one violating the laws of Moses or Jews. What is the law of Moses? She feeds him what is not tithed, or makes him sleep with her when she is menstruating, or does not cut ḥallah, or makes vows which she does not keep. And what is the law of Jews: She leaves home with her hair in disorder, or spins in public, or speaks with everybody. Abba Saul says, also one who curses his parents in his presence. Rebbi Tarphon says, also the big-voiced. What is the big-voiced? Any who speaks inside her house and her neighbors hear her voice.

Abba Saul says, also one who curses their child in his parents’ presence. Rebbi Tarphon says, also the big-voiced. What is the big-voiced? Samuel says, any who speaks and her women neighbors hear her voice. Rav says, any one whose voice is heard by other people from bed to bed during intercourse.

Rebbi Immi said, who is the Tanna of speeding-up vows? Rebbi Tarphon! For he explains it for those who insist. Rebbi Abba said, explain it according to everybody for those who do not insist. If you say for those who insist, one should have stated that Rebbi Eliezer ben Jacob and Rebbi Tarphon say the same thing. Some Tannaїm say, “one who wants”; some Tannaïm say, “also one who wants”. He who says “one who wants” supports Rebbi Abba; he who says “also one who wants”, supports Rebbi Immi. Rebbi Pedat in the name of Rebbi Joḥanan: who is the Tanna of speeding-up vows? Rebbi Tarphon!

Rebbi Immi said, who is the Tanna of speeding-up vows? Rebbi Tarphon! For he explains it for those who insist. Rebbi Abba said, explain it according to everybody for those who do not insist. If you say for those who insist, one should have stated that Rebbi Eliezer ben Jacob and Rebbi Tarphon say the same thing. Some Tannaїm say, “one who wants”; some Tannaïm say, “also one who wants”. He who says “one who wants” supports Rebbi Abba; he who says “also one who wants”, supports Rebbi Immi. Rebbi Pedat in the name of Rebbi Joḥanan: who is the Tanna of speeding-up vows? Rebbi Tarphon!

Rebbi Immi said, who is the Tanna of speeding-up vows? Rebbi Tarphon! For he explains it for those who insist. Rebbi Abba said, explain it according to everybody for those who do not insist. If you say for those who insist, one should have stated that Rebbi Eliezer ben Jacob and Rebbi Tarphon say the same thing. Some Tannaїm say, “one who wants”; some Tannaïm say, “also one who wants”. He who says “one who wants” supports Rebbi Abba; he who says “also one who wants”, supports Rebbi Immi. Rebbi Pedat in the name of Rebbi Joḥanan: who is the Tanna of speeding-up vows? Rebbi Tarphon!

After Rebbi Eliezer’s death, four Elders assembled to object to Rebbi Eliezer’s words: Rebbi Eleazar ben Azariah, Rebbi Yose the Galilean, Rebbi Tarphon, and Rebbi Aqiba. Rebbi Joshua told them, one does not contradict the lion after his death. Rebbi Tarphon objected: If he said to her, you are permitted to any man except Mr. X; she went and married [the latter’s brother who] died childless; how can she contract the levirate marriage? Does it not turn out that he stipulated against what is written in the Torah, and anybody’s condition contradicting what is written in the Torah is invalid. Then nobody should be permitted to marry his brother’s daughter, lest he come to stipulate against what is written in the Torah. Rebbi Yose ben Rebbi Abun said, one understands the reason. There, the Torah forbade her to him. But here, he forbids to him! Rebbi Ḥananiah objected in the name of Rebbi Phineas: Should one not state “sixteen women” following Rebbi Eliezer? Rebbi Mana said, the reason was already explained: there, the Torah forbade her to him. But here, he forbids to him! Rebbi Jeremiah asked: If he said to her, you are permitted to any man except Mr. X; she went and married the latter’s brother who died childless, how can the latter permit what the first forbade? His words imply that death and divorce permit what the first [husband] prohibited. Rebbi Jeremiah said, he said only death and divorce; therefore, not marriage.

After Rebbi Eliezer’s death, four Elders assembled to object to Rebbi Eliezer’s words: Rebbi Eleazar ben Azariah, Rebbi Yose the Galilean, Rebbi Tarphon, and Rebbi Aqiba. Rebbi Joshua told them, one does not contradict the lion after his death. Rebbi Tarphon objected: If he said to her, you are permitted to any man except Mr. X; she went and married [the latter’s brother who] died childless; how can she contract the levirate marriage? Does it not turn out that he stipulated against what is written in the Torah, and anybody’s condition contradicting what is written in the Torah is invalid. Then nobody should be permitted to marry his brother’s daughter, lest he come to stipulate against what is written in the Torah. Rebbi Yose ben Rebbi Abun said, one understands the reason. There, the Torah forbade her to him. But here, he forbids to him! Rebbi Ḥananiah objected in the name of Rebbi Phineas: Should one not state “sixteen women” following Rebbi Eliezer? Rebbi Mana said, the reason was already explained: there, the Torah forbade her to him. But here, he forbids to him! Rebbi Jeremiah asked: If he said to her, you are permitted to any man except Mr. X; she went and married the latter’s brother who died childless, how can the latter permit what the first forbade? His words imply that death and divorce permit what the first [husband] prohibited. Rebbi Jeremiah said, he said only death and divorce; therefore, not marriage.

Rebbi Tarphon’s mother went to promenade in her backyard on the Sabbath when her slipper broke. Rebbi Tarphon went and put his two hands under her feet and she walked on them until she got to her couch. Once the Sages came to visit him. She told them: Pray for my son Tarphon because he honors me too much. They asked her, what did he do for you? She told them what had happened. They said to her, even if he did this a million times, he did not yet reach even half of the honor that the Torah requires.

Rebbi Tarphon’s mother went to promenade in her backyard on the Sabbath when her slipper broke. Rebbi Tarphon went and put his two hands under her feet and she walked on them until she got to her couch. Once the Sages came to visit him. She told them: Pray for my son Tarphon because he honors me too much. They asked her, what did he do for you? She told them what had happened. They said to her, even if he did this a million times, he did not yet reach even half of the honor that the Torah requires.

Rebbi Tarphon’s mother went to promenade in her backyard on the Sabbath when her slipper broke. Rebbi Tarphon went and put his two hands under her feet and she walked on them until she got to her couch. Once the Sages came to visit him. She told them: Pray for my son Tarphon because he honors me too much. They asked her, what did he do for you? She told them what had happened. They said to her, even if he did this a million times, he did not yet reach even half of the honor that the Torah requires.

Rebbi Mana said: The millers are correct when they say that each and every person has in his chest that which is appropriate for him. Rebbi Tarphon’s mother said so and they answered her appropriately, Rebbi Ismael’s mother said so and they answered her appropriately. Rebbi Zeïra was sorry and said, if only I had father or mother that I could honor them and inherit paradise. When he heard these two instructions, he said: Praise to the All-Merciful that I have neither father nor mother. I could not have done as Rebbi Tarphon did and I could not accept what Rebbi Ismael accepted. Rebbi Abun said, I am free from honoring father and mother. They said, his father died when his mother was pregnant and she died in giving birth.

Rebbi Mana said: The millers are correct when they say that each and every person has in his chest that which is appropriate for him. Rebbi Tarphon’s mother said so and they answered her appropriately, Rebbi Ismael’s mother said so and they answered her appropriately. Rebbi Zeïra was sorry and said, if only I had father or mother that I could honor them and inherit paradise. When he heard these two instructions, he said: Praise to the All-Merciful that I have neither father nor mother. I could not have done as Rebbi Tarphon did and I could not accept what Rebbi Ismael accepted. Rebbi Abun said, I am free from honoring father and mother. They said, his father died when his mother was pregnant and she died in giving birth.

MISHNAH: Rebbi Tarphon says, bastards can cleanse themselves. How is this? If the bastard married a slave girl, the child is a slave. When he is manumitted, the son is a free person. Rebbi Eliezer said, he is a slave and a bastard.

HALAKHAH: “Rebbi Tarphon says, bastards can cleanse themselves,” etc. So is the Mishnah: A bastard is permitted to marry a slave girl. Rav Jehudah in the name of Samuel: Practice follows Rebbi Tarphon. Rebbi Simlai instructed in Antiochia, Rebbi Simai instructed in Kefar Seforaia: Practice follows Rebbi Tarphon.

HALAKHAH: “Rebbi Tarphon says, bastards can cleanse themselves,” etc. So is the Mishnah: A bastard is permitted to marry a slave girl. Rav Jehudah in the name of Samuel: Practice follows Rebbi Tarphon. Rebbi Simlai instructed in Antiochia, Rebbi Simai instructed in Kefar Seforaia: Practice follows Rebbi Tarphon.

HALAKHAH: “Rebbi Tarphon says, bastards can cleanse themselves,” etc. So is the Mishnah: A bastard is permitted to marry a slave girl. Rav Jehudah in the name of Samuel: Practice follows Rebbi Tarphon. Rebbi Simlai instructed in Antiochia, Rebbi Simai instructed in Kefar Seforaia: Practice follows Rebbi Tarphon.

MISHNAH: How does one treat the bull of the person causing the damage in the domain of the person sustaining the damage? If it gored, hit, bit, wallowed, or kicked, in the public domain he pays half of the damages. In the domain of the person sustaining the damage, Rebbi Ṭarphon said, full damages; but the Sages say, half damages. Rebbi Tarphon said to them: Since in a case where He was lenient with [damage by] tooth or foot in the public domain, where one is free, He was restrictive for them in the domain of the person sustaining the damage, when full damages must be paid, and He was restrictive regarding damage by the horn in the public domain, where one has to pay half damages; is it not logical that we should be restrictive in this case in the domain of the person sustaining the damage, that full damages must be paid? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages. He said to them, I do not argue horn from horn, I argue horn from foot! Since in a case where He was lenient with [damage by] tooth or foot in the public domain, He was restrictive for damage by the horn, when He was restrictive with [damage by] tooth or foot in the domain of the person sustaining the damage; is it not logical that we should be restrictive [in case of damage] by the horn? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages.

MISHNAH: Anything which works and eats shall work and eat. What does not work but eats should be sold because it is said, “and return it to him,” plan to return it to him. What happens with the money? Rebbi Tarphon says, he may use it; therefore if it is lost he is liable for its alienation. Rebbi Aqiba says, he may not use it; therefore if it is lost he is not liable for its alienation.

HALAKHAH: “Anything which works and eats,” etc. It was stated: There should not be given food in the value of a calf to calves, a foal to foals, or a chicken to chickens. It happened that a man found five calves; he was selling and feeding until only one was left. Rav Jehudah in the name of Rav: Practice follows Rebbi Tarphon about objects with distinguishing marks. Rebbi Abba and Rav Jehudah in the name of Rav: It happened that Rebbi instructed following Rebbi Tarphon in a case about objects with distinguishing marks. Rav Jehudah said, a scholar does not have to indicate a distinguishing mark. Rav Huna said, everybody agrees that if it was a bundle of coins he may not touch them.

HALAKHAH: “Anything which works and eats,” etc. It was stated: There should not be given food in the value of a calf to calves, a foal to foals, or a chicken to chickens. It happened that a man found five calves; he was selling and feeding until only one was left. Rav Jehudah in the name of Rav: Practice follows Rebbi Tarphon about objects with distinguishing marks. Rebbi Abba and Rav Jehudah in the name of Rav: It happened that Rebbi instructed following Rebbi Tarphon in a case about objects with distinguishing marks. Rav Jehudah said, a scholar does not have to indicate a distinguishing mark. Rav Huna said, everybody agrees that if it was a bundle of coins he may not touch them.

MISHNAH: Cheating is four obols per tetradrachma of 24 obols, one sixth of the sale price. Until when may one return [the merchandise]? Until one can show it to a trader or a relative. Rebbi Tarphon instructed in Lydda that cheating is eight obols per tetradrachma, a third of the sale price, and the traders of Lydda were rejoicing. He told them, one may return [the merchandise] the entire day; they said, let Rebbi Tarphon keep our place quiet; they returned to the words of the Sages. Just as a private person can be cheated, so a trader can be cheated. Rebbi Jehudah says, a trader has no claim of being cheated. The person overcharged has the advantage; if he so desires, he says, give me my money back, or give me back by what you overcharged me.

MISHNAH: Cheating is four obols per tetradrachma of 24 obols, one sixth of the sale price. Until when may one return [the merchandise]? Until one can show it to a trader or a relative. Rebbi Tarphon instructed in Lydda that cheating is eight obols per tetradrachma, a third of the sale price, and the traders of Lydda were rejoicing. He told them, one may return [the merchandise] the entire day; they said, let Rebbi Tarphon keep our place quiet; they returned to the words of the Sages. Just as a private person can be cheated, so a trader can be cheated. Rebbi Jehudah says, a trader has no claim of being cheated. The person overcharged has the advantage; if he so desires, he says, give me my money back, or give me back by what you overcharged me.

HALAKHAH: “[Denial] about words of the Sopherim is more serious,” etc. Halakhah 6:“One executes him not,” etc. The colleagues in the name of Rebbi Joḥanan: The words of the Sopherim are related to the words of Scripture and are pleasant like the words of Scripture; your throat is like good wine. Simeon bar Abba in the name of Rebbi Joḥanan: The words of the Sopherim are related to the words of Scripture and are more pleasant than the words of Scripture, for your friendship is better than wine. Rebbi Abba bar Cohen in the name of Rebbi Judah bar Pazi: You may know that he words of the Sopherim are more pleasant than the words of Scripture, because if Rebbi Tarphon did not recite at all he would only have transgressed a positive commandment. But because he transgressed the words of the House of Hillel he should have suffered death since it says, if one breaches a wall he will be bitten by a snake.

“Because they curdle it,” etc. The colleagues in the name of Rebbi [Joḥanan]: The words of the Sopherim are related to the words of Scripture and are (more pleasant than) [pleasant like] the words of Scripture; your throat is like good wine. Simeon bar Abba in the name of Rebbi Joḥanan: The words of the Sopherim are related to the words of Scripture and are more pleasant than the words of Scripture, for your friends are better than wine. Rebbi Abba bar Cohen in the name of Bar Pazi: You may know that the words of the Sopherim are more pleasant than the words of Scripture, because if Rebbi Tarphon did not recite at all he would only have transgressed a positive commandment. But because he transgressed the words of the House of Hillel he should have suffered death since it says, if one breaches a wall he will be bitten by a snake.

MISHNAH: If somebody escaped after sentence was passed, if he is returned to the same court, his case is not reopened. Anywhere two [people] will come forward and say, we testify against this man that he was condemned in court X on the testimony of Y and Z, he shall be executed. Criminal courts apply in the Land and outside the Land. A criminal court which hands out a death sentence once in a Sabbatical period is called terrorist. Rebbi Eleazar ben Azariah said, once in seventy years. Rebbi Tarphon and Rebbi Aqiba say, if we had been members of a criminal court, nobody ever would have been condemned to death there. Rabban Simeon ben Gamliel said, they would have increased the number of murderers in Israel.

And from where that he officiated in eight? Rebbi Abba bar Ḥiyya in the name of Rebbi Joḥanan: And Aaron’s holy garments shall be for his descendants in his stead. Why does the verse say, in his stead? For greatness after him. And from where that he was asked in eight? Rebbi Jeremiah, Rebbi Immi in the name of Rebbi Joḥanan: And Aaron’s holy garments shall be for his descendants in his stead. Why does the verse say, in his stead? For holiness after him. In what was he asked? They brought it, רבבהו, a Mishnah of Bar Qappara came from the South which stated: He officiates neither in the four of a common priest nor in the eight of a High Priest. Rebbi Abba said, it would be logical that he officiate in four. Why did they say that he did not officiate? Lest people say, we saw a simple priest who sometimes officiated in eight like a High Priest. Rebbi Jonah said, would he not officiate inside and would he not be asked outside? Does one err between inside and outside? But did Rebbi Tarphon, the teacher of all of Israel, not err between blowing for assembly and the blowing for a sacrifice? As it is written: The descendants of Aaron, the priests, shall blow the trumpets, blameless ones, not with bodily defects, the words of Rebbi Aqiba. Rebbi Tarphon said to him, I would hit my sons if I did not see Simeon, my mother’s brother, lame in one of his legs, standing in the Temple court with his trumpet in his hand and blowing! Rebbi Aqiba answered him, maybe you saw him only at the time of assembly; but I was saying, at the time of sacrifices. Rebbi Tarphon said to him, I would hit my sons but you did not deviate right or left. I am the one who heard but I could not explain. You derive it and agree with tradition. Therefore, anybody who separates from you is as if he separated himself from his life.

And from where that he officiated in eight? Rebbi Abba bar Ḥiyya in the name of Rebbi Joḥanan: And Aaron’s holy garments shall be for his descendants in his stead. Why does the verse say, in his stead? For greatness after him. And from where that he was asked in eight? Rebbi Jeremiah, Rebbi Immi in the name of Rebbi Joḥanan: And Aaron’s holy garments shall be for his descendants in his stead. Why does the verse say, in his stead? For holiness after him. In what was he asked? They brought it, רבבהו, a Mishnah of Bar Qappara came from the South which stated: He officiates neither in the four of a common priest nor in the eight of a High Priest. Rebbi Abba said, it would be logical that he officiate in four. Why did they say that he did not officiate? Lest people say, we saw a simple priest who sometimes officiated in eight like a High Priest. Rebbi Jonah said, would he not officiate inside and would he not be asked outside? Does one err between inside and outside? But did Rebbi Tarphon, the teacher of all of Israel, not err between blowing for assembly and the blowing for a sacrifice? As it is written: The descendants of Aaron, the priests, shall blow the trumpets, blameless ones, not with bodily defects, the words of Rebbi Aqiba. Rebbi Tarphon said to him, I would hit my sons if I did not see Simeon, my mother’s brother, lame in one of his legs, standing in the Temple court with his trumpet in his hand and blowing! Rebbi Aqiba answered him, maybe you saw him only at the time of assembly; but I was saying, at the time of sacrifices. Rebbi Tarphon said to him, I would hit my sons but you did not deviate right or left. I am the one who heard but I could not explain. You derive it and agree with tradition. Therefore, anybody who separates from you is as if he separated himself from his life.

And from where that he officiated in eight? Rebbi Abba bar Ḥiyya in the name of Rebbi Joḥanan: And Aaron’s holy garments shall be for his descendants in his stead. Why does the verse say, in his stead? For greatness after him. And from where that he was asked in eight? Rebbi Jeremiah, Rebbi Immi in the name of Rebbi Joḥanan: And Aaron’s holy garments shall be for his descendants in his stead. Why does the verse say, in his stead? For holiness after him. In what was he asked? They brought it, רבבהו, a Mishnah of Bar Qappara came from the South which stated: He officiates neither in the four of a common priest nor in the eight of a High Priest. Rebbi Abba said, it would be logical that he officiate in four. Why did they say that he did not officiate? Lest people say, we saw a simple priest who sometimes officiated in eight like a High Priest. Rebbi Jonah said, would he not officiate inside and would he not be asked outside? Does one err between inside and outside? But did Rebbi Tarphon, the teacher of all of Israel, not err between blowing for assembly and the blowing for a sacrifice? As it is written: The descendants of Aaron, the priests, shall blow the trumpets, blameless ones, not with bodily defects, the words of Rebbi Aqiba. Rebbi Tarphon said to him, I would hit my sons if I did not see Simeon, my mother’s brother, lame in one of his legs, standing in the Temple court with his trumpet in his hand and blowing! Rebbi Aqiba answered him, maybe you saw him only at the time of assembly; but I was saying, at the time of sacrifices. Rebbi Tarphon said to him, I would hit my sons but you did not deviate right or left. I am the one who heard but I could not explain. You derive it and agree with tradition. Therefore, anybody who separates from you is as if he separated himself from his life.

R. Tarphon said : I was once journeying by the way and I reclined to read [the Shema'], according to the view of Bet Shammai, and I placed myself in danger on account of robbers.

Rab Nahman b. Isaac said : If one acted according to the view of Bet Shammai, he is worthy of death ; for we have learnt in our Mishnah: R. Tarphon said: I was once journeying by the way and I reclined to read [the Shema'] according to the view of Bet Shammai, and I placed myself in danger on account of robbers. They said to him : Thou didst justly incur a penalty for thyself, in that thou didst transgress the view of Bet Hillel.

MISHNAH If one ate grapes, figs or pomegranates, he says after them the three benedictions. These are the words of Rabban Gamaliel ; but the Sages declare : One benediction which is an abstract of three. R. 'Akiba says : Even if one eats [nothing but] boiled vegetables and makes a meal of it, he pronounces thereover the three benedictions. If one drinks water to slake his thirst, he says the benediction "...By Whose word all things exist "; R. Tarphon says : "...Who createst many living beings and their wants."

R. Tarphon says : "...Who createst many living beings and their wants." Raba b. Rab Hanan said to Abbai (another version : to Rab Joseph) : How is the Halakah? He replied : Go and see how the people act.

There is a Baraitha. R. Eliezer says, They have something upon which they may rest, for it is said, "when he shall separate," "when he shall separate," twice (Lev. xxvii. 2, Numb. vi. 2). One separation has to do with binding and one separation with dissolving. R. Joshua says, They have something upon which they may rest, for it is said, "Wherefore I sware in my wrath" (Ps. xcv. 11). In my wrath I sware, and I relented. R. Isaac says, They have something upon which they may rest, for it is said, "Whosoever is of a willing heart" (Exod. xxxv. 5). Chănaniah, nephew of R. Joshua, says, They have something on which they may rest, for it is said, "I have sworn and have fulfilled it, that I will observe thy righteous judgments" (Ps. cxix. 106). R. Jehudah said that R. Samuel said, If I had been there, I would have said to them, Mine is much better than yours, for it is said, "He shall not break his word" (Numb. xxx. 3, E.V. 2). He is not to break it, but afterwards it may be broken for him. Rabba said, There is an objection to all of them except Samuel's, for there is no objection to his. For if we take that of R. Eliezer, perhaps the truth rests with R. Jehudah, who said it in the name of R. Tarphon, for there is a Baraitha, R. Jehudah says in the name of R. Tarphon, I grant fully that neither of them is a Nazirite, for the state of a Nazirite is not given except on condition of separation. If we take the words of R. Joshua, perhaps the meaning is this, I sware in my wrath, and I will not relent. If we take the words of R. Isaac, perhaps it is to exclude the explanation of Samuel, for Samuel said, If a man has determined in his heart, it is further needful that he should utter it with his lips. Lo, we learn from this, that even though he has not uttered it with his lips, he is bound. If we take the words of Chănaniah, nephew of R. Joshua, perhaps it is as R. Gidel reported that Rab said; for R. Gidel said that Rab said, Whence do we find that an oath is meritorious? Because it is said, "I have sworn and have fulfilled it that I will observe thy righteous judgments" (Ps. cxix. 106). But the words of Samuel are open to no objection. Rabba said, or, if you like, R. Nachman bar Isaac said, This accords with the proverbial saying, Better is one grain of pepper than a basket full of dates.

There is a Baraitha. R. Eliezer says, They have something upon which they may rest, for it is said, "when he shall separate," "when he shall separate," twice (Lev. xxvii. 2, Numb. vi. 2). One separation has to do with binding and one separation with dissolving. R. Joshua says, They have something upon which they may rest, for it is said, "Wherefore I sware in my wrath" (Ps. xcv. 11). In my wrath I sware, and I relented. R. Isaac says, They have something upon which they may rest, for it is said, "Whosoever is of a willing heart" (Exod. xxxv. 5). Chănaniah, nephew of R. Joshua, says, They have something on which they may rest, for it is said, "I have sworn and have fulfilled it, that I will observe thy righteous judgments" (Ps. cxix. 106). R. Jehudah said that R. Samuel said, If I had been there, I would have said to them, Mine is much better than yours, for it is said, "He shall not break his word" (Numb. xxx. 3, E.V. 2). He is not to break it, but afterwards it may be broken for him. Rabba said, There is an objection to all of them except Samuel's, for there is no objection to his. For if we take that of R. Eliezer, perhaps the truth rests with R. Jehudah, who said it in the name of R. Tarphon, for there is a Baraitha, R. Jehudah says in the name of R. Tarphon, I grant fully that neither of them is a Nazirite, for the state of a Nazirite is not given except on condition of separation. If we take the words of R. Joshua, perhaps the meaning is this, I sware in my wrath, and I will not relent. If we take the words of R. Isaac, perhaps it is to exclude the explanation of Samuel, for Samuel said, If a man has determined in his heart, it is further needful that he should utter it with his lips. Lo, we learn from this, that even though he has not uttered it with his lips, he is bound. If we take the words of Chănaniah, nephew of R. Joshua, perhaps it is as R. Gidel reported that Rab said; for R. Gidel said that Rab said, Whence do we find that an oath is meritorious? Because it is said, "I have sworn and have fulfilled it that I will observe thy righteous judgments" (Ps. cxix. 106). But the words of Samuel are open to no objection. Rabba said, or, if you like, R. Nachman bar Isaac said, This accords with the proverbial saying, Better is one grain of pepper than a basket full of dates.

But it is allowed in case of a mourning or of a fast, but this is not to confirm the words of those who say, Pentecost is after the Sabbath. And here there is a matter told as follows: And Alexis died in Lod, and all Israel assembled to mourn him, and R. Tarphon forbad them because it was the high holiday of Pentecost. "High holiday". Thou mightest have thought, If it was a high holiday, how could the people have come? But I will tell you. It was because it was the day of sacrificing. There is no difficulty. The one case was that in which the holiday had fallen upon the first day of the week, the other case is that in which the holiday has fallen on the Sabbath.