unintentionally

Now Herod had said unto Archelaus his son, and unto Shalom his sister, “ Immediately I am dead, let those whom I have fettered in prison be slain ’’—now he had imprisoned one person from every house. And he said, “I know that the Jews will feel great joy at my death. But in order that they may not rejoice and be glad whilst ye are sorrowful and are weeping, let all those whom I have shut up in prison be slain, so that through their death they may cause lamentation unintentionally.”” And Archelaus and Shalém did as Herod commanded them, and when this order had been carried out in all Judea there remained not one house in which there was not lamentation, even as it was in Egypt [in days of old].

MISHNAH: One does not give heave from pure produce for impure, but if heave was given it is heave. In truth, they said if a cake of dried figs became partially impure one may give heave from its pure part for its impure part, and similarly for a bunch of vegetable or a heap [of grain]. If there were two cakes, two bundles, two heaps, one pure and one impure, one should not give heave from one for the other. Rebbi Eliezer says, one may give heave from pure produce for impure. One may not give heave from impure produce for pure, but if he gave in error, his heave is heave, if intentionally, he did not do anything. Similarly, a Levite who has ṭevel tithe which he continually uses to give, if he is in error, what he did is done, if intentionally, he did nothing. Rebbi Jehudah says, if he had known of it earlier, even if he did it in error, he did not do anything. He who immerses vessels on the Sabbath, if unintentionally he may use them, if intentionally he may not use them. He who tithes or cooks on the Sabbath, if in error it may be eaten, if intentionally it may not be eaten. He who plants on the Sabbath, if unintentionally he may keep it, if intentionally it must be uprooted. In the Sabbatical year it must be uprooted, whether in error or intentionally.

MISHNAH: One does not give heave from pure produce for impure, but if heave was given it is heave. In truth, they said if a cake of dried figs became partially impure one may give heave from its pure part for its impure part, and similarly for a bunch of vegetable or a heap [of grain]. If there were two cakes, two bundles, two heaps, one pure and one impure, one should not give heave from one for the other. Rebbi Eliezer says, one may give heave from pure produce for impure. One may not give heave from impure produce for pure, but if he gave in error, his heave is heave, if intentionally, he did not do anything. Similarly, a Levite who has ṭevel tithe which he continually uses to give, if he is in error, what he did is done, if intentionally, he did nothing. Rebbi Jehudah says, if he had known of it earlier, even if he did it in error, he did not do anything. He who immerses vessels on the Sabbath, if unintentionally he may use them, if intentionally he may not use them. He who tithes or cooks on the Sabbath, if in error it may be eaten, if intentionally it may not be eaten. He who plants on the Sabbath, if unintentionally he may keep it, if intentionally it must be uprooted. In the Sabbatical year it must be uprooted, whether in error or intentionally.

Rebbi Samuel in the name of Rebbi Abbahu: “Unintentionally”, when it is forbidden, “intentionally” when it is forbidden. Rebbi Yose said, the Mishnah states this: “He who tithes or cooks on the Sabbath, if unintentionally it may be eaten, if intentionally it may not be eaten”; “unintentionally”, when it is forbidden, “intentionally”, when it is [equally] forbidden. It was stated: “What was cooked on the Sabbath, if it was done unintentionally it may be eaten, intentionally it may not be eaten, the words of Rebbi Meïr. Rebbi Jehudah said, unintentionally it may be eaten at the end of the Sabbath, intentionally never. Rebbi Joḥanan the Alexandrian said, unintentionally it may be eaten at the end of the Sabbath by others but not by himself, intentionally neither by him nor by others.” Samuel followed Rebbi Joḥanan the Alexandrian. Rav in his own group instructed following Rebbi Meïr, in public following Rebbi Joḥanan the Alexandrian. Rebbi Simeon bar Karsana said, he instructed us following Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa. As it was stated: “Rebbi Joḥanan ben Beroqa said, in any case where an intentional sin is punished by extirpation and an unintentional sin by an expiatory offering, if the sin was committed on the Sabbath unintentionally or intentionally, the result is forbidden both for him and for others; it may not be eaten. In any case an intentional sin is not punished by extirpation and for the unintentional sin no expiatory offering is due; if it was done on the Sabbath unintentionally the result may be eaten by others after the end of the Sabbath but not by him, intentionally neither by him nor by others.” They asked before Rebbi Joḥanan: What do you say? He said, I have only the Mishnah: “He who tithes or cooks on the Sabbath, if in error it may be eaten, if intentionally it may not be eaten”. Rav Ḥisda heard this and said, the Sabbaths have been permitted! Did not Rav Huna say in the name of Rav and did not Rebbi Ḥiyya state: “In earlier times they said, one who forgets some dish on his stove on the Sabbath, unintentionally it may be eaten, intentionally it may not be eaten. People were suspected that they left it intentionally and said, it was forgotten; they forbade it to them when it was forgotten.” And here, you say so? Rebbi Ila said, they were suspected to leave it on, they were not suspected to cook. They imposed a fine for forgetting but not for cooking.

Rebbi Samuel in the name of Rebbi Abbahu: “Unintentionally”, when it is forbidden, “intentionally” when it is forbidden. Rebbi Yose said, the Mishnah states this: “He who tithes or cooks on the Sabbath, if unintentionally it may be eaten, if intentionally it may not be eaten”; “unintentionally”, when it is forbidden, “intentionally”, when it is [equally] forbidden. It was stated: “What was cooked on the Sabbath, if it was done unintentionally it may be eaten, intentionally it may not be eaten, the words of Rebbi Meïr. Rebbi Jehudah said, unintentionally it may be eaten at the end of the Sabbath, intentionally never. Rebbi Joḥanan the Alexandrian said, unintentionally it may be eaten at the end of the Sabbath by others but not by himself, intentionally neither by him nor by others.” Samuel followed Rebbi Joḥanan the Alexandrian. Rav in his own group instructed following Rebbi Meïr, in public following Rebbi Joḥanan the Alexandrian. Rebbi Simeon bar Karsana said, he instructed us following Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa. As it was stated: “Rebbi Joḥanan ben Beroqa said, in any case where an intentional sin is punished by extirpation and an unintentional sin by an expiatory offering, if the sin was committed on the Sabbath unintentionally or intentionally, the result is forbidden both for him and for others; it may not be eaten. In any case an intentional sin is not punished by extirpation and for the unintentional sin no expiatory offering is due; if it was done on the Sabbath unintentionally the result may be eaten by others after the end of the Sabbath but not by him, intentionally neither by him nor by others.” They asked before Rebbi Joḥanan: What do you say? He said, I have only the Mishnah: “He who tithes or cooks on the Sabbath, if in error it may be eaten, if intentionally it may not be eaten”. Rav Ḥisda heard this and said, the Sabbaths have been permitted! Did not Rav Huna say in the name of Rav and did not Rebbi Ḥiyya state: “In earlier times they said, one who forgets some dish on his stove on the Sabbath, unintentionally it may be eaten, intentionally it may not be eaten. People were suspected that they left it intentionally and said, it was forgotten; they forbade it to them when it was forgotten.” And here, you say so? Rebbi Ila said, they were suspected to leave it on, they were not suspected to cook. They imposed a fine for forgetting but not for cooking.

Rebbi Samuel in the name of Rebbi Abbahu: “Unintentionally”, when it is forbidden, “intentionally” when it is forbidden. Rebbi Yose said, the Mishnah states this: “He who tithes or cooks on the Sabbath, if unintentionally it may be eaten, if intentionally it may not be eaten”; “unintentionally”, when it is forbidden, “intentionally”, when it is [equally] forbidden. It was stated: “What was cooked on the Sabbath, if it was done unintentionally it may be eaten, intentionally it may not be eaten, the words of Rebbi Meïr. Rebbi Jehudah said, unintentionally it may be eaten at the end of the Sabbath, intentionally never. Rebbi Joḥanan the Alexandrian said, unintentionally it may be eaten at the end of the Sabbath by others but not by himself, intentionally neither by him nor by others.” Samuel followed Rebbi Joḥanan the Alexandrian. Rav in his own group instructed following Rebbi Meïr, in public following Rebbi Joḥanan the Alexandrian. Rebbi Simeon bar Karsana said, he instructed us following Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa. As it was stated: “Rebbi Joḥanan ben Beroqa said, in any case where an intentional sin is punished by extirpation and an unintentional sin by an expiatory offering, if the sin was committed on the Sabbath unintentionally or intentionally, the result is forbidden both for him and for others; it may not be eaten. In any case an intentional sin is not punished by extirpation and for the unintentional sin no expiatory offering is due; if it was done on the Sabbath unintentionally the result may be eaten by others after the end of the Sabbath but not by him, intentionally neither by him nor by others.” They asked before Rebbi Joḥanan: What do you say? He said, I have only the Mishnah: “He who tithes or cooks on the Sabbath, if in error it may be eaten, if intentionally it may not be eaten”. Rav Ḥisda heard this and said, the Sabbaths have been permitted! Did not Rav Huna say in the name of Rav and did not Rebbi Ḥiyya state: “In earlier times they said, one who forgets some dish on his stove on the Sabbath, unintentionally it may be eaten, intentionally it may not be eaten. People were suspected that they left it intentionally and said, it was forgotten; they forbade it to them when it was forgotten.” And here, you say so? Rebbi Ila said, they were suspected to leave it on, they were not suspected to cook. They imposed a fine for forgetting but not for cooking.

Rebbi Samuel in the name of Rebbi Abbahu: “Unintentionally”, when it is forbidden, “intentionally” when it is forbidden. Rebbi Yose said, the Mishnah states this: “He who tithes or cooks on the Sabbath, if unintentionally it may be eaten, if intentionally it may not be eaten”; “unintentionally”, when it is forbidden, “intentionally”, when it is [equally] forbidden. It was stated: “What was cooked on the Sabbath, if it was done unintentionally it may be eaten, intentionally it may not be eaten, the words of Rebbi Meïr. Rebbi Jehudah said, unintentionally it may be eaten at the end of the Sabbath, intentionally never. Rebbi Joḥanan the Alexandrian said, unintentionally it may be eaten at the end of the Sabbath by others but not by himself, intentionally neither by him nor by others.” Samuel followed Rebbi Joḥanan the Alexandrian. Rav in his own group instructed following Rebbi Meïr, in public following Rebbi Joḥanan the Alexandrian. Rebbi Simeon bar Karsana said, he instructed us following Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa. As it was stated: “Rebbi Joḥanan ben Beroqa said, in any case where an intentional sin is punished by extirpation and an unintentional sin by an expiatory offering, if the sin was committed on the Sabbath unintentionally or intentionally, the result is forbidden both for him and for others; it may not be eaten. In any case an intentional sin is not punished by extirpation and for the unintentional sin no expiatory offering is due; if it was done on the Sabbath unintentionally the result may be eaten by others after the end of the Sabbath but not by him, intentionally neither by him nor by others.” They asked before Rebbi Joḥanan: What do you say? He said, I have only the Mishnah: “He who tithes or cooks on the Sabbath, if in error it may be eaten, if intentionally it may not be eaten”. Rav Ḥisda heard this and said, the Sabbaths have been permitted! Did not Rav Huna say in the name of Rav and did not Rebbi Ḥiyya state: “In earlier times they said, one who forgets some dish on his stove on the Sabbath, unintentionally it may be eaten, intentionally it may not be eaten. People were suspected that they left it intentionally and said, it was forgotten; they forbade it to them when it was forgotten.” And here, you say so? Rebbi Ila said, they were suspected to leave it on, they were not suspected to cook. They imposed a fine for forgetting but not for cooking.

Rebbi Samuel in the name of Rebbi Abbahu: “Unintentionally”, when it is forbidden, “intentionally” when it is forbidden. Rebbi Yose said, the Mishnah states this: “He who tithes or cooks on the Sabbath, if unintentionally it may be eaten, if intentionally it may not be eaten”; “unintentionally”, when it is forbidden, “intentionally”, when it is [equally] forbidden. It was stated: “What was cooked on the Sabbath, if it was done unintentionally it may be eaten, intentionally it may not be eaten, the words of Rebbi Meïr. Rebbi Jehudah said, unintentionally it may be eaten at the end of the Sabbath, intentionally never. Rebbi Joḥanan the Alexandrian said, unintentionally it may be eaten at the end of the Sabbath by others but not by himself, intentionally neither by him nor by others.” Samuel followed Rebbi Joḥanan the Alexandrian. Rav in his own group instructed following Rebbi Meïr, in public following Rebbi Joḥanan the Alexandrian. Rebbi Simeon bar Karsana said, he instructed us following Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa. As it was stated: “Rebbi Joḥanan ben Beroqa said, in any case where an intentional sin is punished by extirpation and an unintentional sin by an expiatory offering, if the sin was committed on the Sabbath unintentionally or intentionally, the result is forbidden both for him and for others; it may not be eaten. In any case an intentional sin is not punished by extirpation and for the unintentional sin no expiatory offering is due; if it was done on the Sabbath unintentionally the result may be eaten by others after the end of the Sabbath but not by him, intentionally neither by him nor by others.” They asked before Rebbi Joḥanan: What do you say? He said, I have only the Mishnah: “He who tithes or cooks on the Sabbath, if in error it may be eaten, if intentionally it may not be eaten”. Rav Ḥisda heard this and said, the Sabbaths have been permitted! Did not Rav Huna say in the name of Rav and did not Rebbi Ḥiyya state: “In earlier times they said, one who forgets some dish on his stove on the Sabbath, unintentionally it may be eaten, intentionally it may not be eaten. People were suspected that they left it intentionally and said, it was forgotten; they forbade it to them when it was forgotten.” And here, you say so? Rebbi Ila said, they were suspected to leave it on, they were not suspected to cook. They imposed a fine for forgetting but not for cooking.

Rebbi Samuel in the name of Rebbi Abbahu: “Unintentionally”, when it is forbidden, “intentionally” when it is forbidden. Rebbi Yose said, the Mishnah states this: “He who tithes or cooks on the Sabbath, if unintentionally it may be eaten, if intentionally it may not be eaten”; “unintentionally”, when it is forbidden, “intentionally”, when it is [equally] forbidden. It was stated: “What was cooked on the Sabbath, if it was done unintentionally it may be eaten, intentionally it may not be eaten, the words of Rebbi Meïr. Rebbi Jehudah said, unintentionally it may be eaten at the end of the Sabbath, intentionally never. Rebbi Joḥanan the Alexandrian said, unintentionally it may be eaten at the end of the Sabbath by others but not by himself, intentionally neither by him nor by others.” Samuel followed Rebbi Joḥanan the Alexandrian. Rav in his own group instructed following Rebbi Meïr, in public following Rebbi Joḥanan the Alexandrian. Rebbi Simeon bar Karsana said, he instructed us following Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa. As it was stated: “Rebbi Joḥanan ben Beroqa said, in any case where an intentional sin is punished by extirpation and an unintentional sin by an expiatory offering, if the sin was committed on the Sabbath unintentionally or intentionally, the result is forbidden both for him and for others; it may not be eaten. In any case an intentional sin is not punished by extirpation and for the unintentional sin no expiatory offering is due; if it was done on the Sabbath unintentionally the result may be eaten by others after the end of the Sabbath but not by him, intentionally neither by him nor by others.” They asked before Rebbi Joḥanan: What do you say? He said, I have only the Mishnah: “He who tithes or cooks on the Sabbath, if in error it may be eaten, if intentionally it may not be eaten”. Rav Ḥisda heard this and said, the Sabbaths have been permitted! Did not Rav Huna say in the name of Rav and did not Rebbi Ḥiyya state: “In earlier times they said, one who forgets some dish on his stove on the Sabbath, unintentionally it may be eaten, intentionally it may not be eaten. People were suspected that they left it intentionally and said, it was forgotten; they forbade it to them when it was forgotten.” And here, you say so? Rebbi Ila said, they were suspected to leave it on, they were not suspected to cook. They imposed a fine for forgetting but not for cooking.

Rebbi Samuel in the name of Rebbi Abbahu: “Unintentionally”, when it is forbidden, “intentionally” when it is forbidden. Rebbi Yose said, the Mishnah states this: “He who tithes or cooks on the Sabbath, if unintentionally it may be eaten, if intentionally it may not be eaten”; “unintentionally”, when it is forbidden, “intentionally”, when it is [equally] forbidden. It was stated: “What was cooked on the Sabbath, if it was done unintentionally it may be eaten, intentionally it may not be eaten, the words of Rebbi Meïr. Rebbi Jehudah said, unintentionally it may be eaten at the end of the Sabbath, intentionally never. Rebbi Joḥanan the Alexandrian said, unintentionally it may be eaten at the end of the Sabbath by others but not by himself, intentionally neither by him nor by others.” Samuel followed Rebbi Joḥanan the Alexandrian. Rav in his own group instructed following Rebbi Meïr, in public following Rebbi Joḥanan the Alexandrian. Rebbi Simeon bar Karsana said, he instructed us following Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa. As it was stated: “Rebbi Joḥanan ben Beroqa said, in any case where an intentional sin is punished by extirpation and an unintentional sin by an expiatory offering, if the sin was committed on the Sabbath unintentionally or intentionally, the result is forbidden both for him and for others; it may not be eaten. In any case an intentional sin is not punished by extirpation and for the unintentional sin no expiatory offering is due; if it was done on the Sabbath unintentionally the result may be eaten by others after the end of the Sabbath but not by him, intentionally neither by him nor by others.” They asked before Rebbi Joḥanan: What do you say? He said, I have only the Mishnah: “He who tithes or cooks on the Sabbath, if in error it may be eaten, if intentionally it may not be eaten”. Rav Ḥisda heard this and said, the Sabbaths have been permitted! Did not Rav Huna say in the name of Rav and did not Rebbi Ḥiyya state: “In earlier times they said, one who forgets some dish on his stove on the Sabbath, unintentionally it may be eaten, intentionally it may not be eaten. People were suspected that they left it intentionally and said, it was forgotten; they forbade it to them when it was forgotten.” And here, you say so? Rebbi Ila said, they were suspected to leave it on, they were not suspected to cook. They imposed a fine for forgetting but not for cooking.

Rebbi Samuel in the name of Rebbi Abbahu: “Unintentionally”, when it is forbidden, “intentionally” when it is forbidden. Rebbi Yose said, the Mishnah states this: “He who tithes or cooks on the Sabbath, if unintentionally it may be eaten, if intentionally it may not be eaten”; “unintentionally”, when it is forbidden, “intentionally”, when it is [equally] forbidden. It was stated: “What was cooked on the Sabbath, if it was done unintentionally it may be eaten, intentionally it may not be eaten, the words of Rebbi Meïr. Rebbi Jehudah said, unintentionally it may be eaten at the end of the Sabbath, intentionally never. Rebbi Joḥanan the Alexandrian said, unintentionally it may be eaten at the end of the Sabbath by others but not by himself, intentionally neither by him nor by others.” Samuel followed Rebbi Joḥanan the Alexandrian. Rav in his own group instructed following Rebbi Meïr, in public following Rebbi Joḥanan the Alexandrian. Rebbi Simeon bar Karsana said, he instructed us following Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa. As it was stated: “Rebbi Joḥanan ben Beroqa said, in any case where an intentional sin is punished by extirpation and an unintentional sin by an expiatory offering, if the sin was committed on the Sabbath unintentionally or intentionally, the result is forbidden both for him and for others; it may not be eaten. In any case an intentional sin is not punished by extirpation and for the unintentional sin no expiatory offering is due; if it was done on the Sabbath unintentionally the result may be eaten by others after the end of the Sabbath but not by him, intentionally neither by him nor by others.” They asked before Rebbi Joḥanan: What do you say? He said, I have only the Mishnah: “He who tithes or cooks on the Sabbath, if in error it may be eaten, if intentionally it may not be eaten”. Rav Ḥisda heard this and said, the Sabbaths have been permitted! Did not Rav Huna say in the name of Rav and did not Rebbi Ḥiyya state: “In earlier times they said, one who forgets some dish on his stove on the Sabbath, unintentionally it may be eaten, intentionally it may not be eaten. People were suspected that they left it intentionally and said, it was forgotten; they forbade it to them when it was forgotten.” And here, you say so? Rebbi Ila said, they were suspected to leave it on, they were not suspected to cook. They imposed a fine for forgetting but not for cooking.

Rebbi Samuel in the name of Rebbi Abbahu: “Unintentionally”, when it is forbidden, “intentionally” when it is forbidden. Rebbi Yose said, the Mishnah states this: “He who tithes or cooks on the Sabbath, if unintentionally it may be eaten, if intentionally it may not be eaten”; “unintentionally”, when it is forbidden, “intentionally”, when it is [equally] forbidden. It was stated: “What was cooked on the Sabbath, if it was done unintentionally it may be eaten, intentionally it may not be eaten, the words of Rebbi Meïr. Rebbi Jehudah said, unintentionally it may be eaten at the end of the Sabbath, intentionally never. Rebbi Joḥanan the Alexandrian said, unintentionally it may be eaten at the end of the Sabbath by others but not by himself, intentionally neither by him nor by others.” Samuel followed Rebbi Joḥanan the Alexandrian. Rav in his own group instructed following Rebbi Meïr, in public following Rebbi Joḥanan the Alexandrian. Rebbi Simeon bar Karsana said, he instructed us following Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa. As it was stated: “Rebbi Joḥanan ben Beroqa said, in any case where an intentional sin is punished by extirpation and an unintentional sin by an expiatory offering, if the sin was committed on the Sabbath unintentionally or intentionally, the result is forbidden both for him and for others; it may not be eaten. In any case an intentional sin is not punished by extirpation and for the unintentional sin no expiatory offering is due; if it was done on the Sabbath unintentionally the result may be eaten by others after the end of the Sabbath but not by him, intentionally neither by him nor by others.” They asked before Rebbi Joḥanan: What do you say? He said, I have only the Mishnah: “He who tithes or cooks on the Sabbath, if in error it may be eaten, if intentionally it may not be eaten”. Rav Ḥisda heard this and said, the Sabbaths have been permitted! Did not Rav Huna say in the name of Rav and did not Rebbi Ḥiyya state: “In earlier times they said, one who forgets some dish on his stove on the Sabbath, unintentionally it may be eaten, intentionally it may not be eaten. People were suspected that they left it intentionally and said, it was forgotten; they forbade it to them when it was forgotten.” And here, you say so? Rebbi Ila said, they were suspected to leave it on, they were not suspected to cook. They imposed a fine for forgetting but not for cooking.

It was stated: “A woman should not fill a pot with ‘assasiot and lupines and put them into the oven at the start of the Sabbath, at nightfall. If she did, they are forbidden after the end of the Sabbath until the time they could have been done.” Rebbi Aḥa said: intentionally, following Rebbi Meïr; Rebbi Yose said: unintentionally, following Rebbi Jehudah. Rebbi Mana said, that is correct, did not Rebbi Yose say, “ He who is planting on the Sabbath, if unintentional, he may keep it, if intentional, he must tear it out. In the Sabbatical year, he must tear it out whether [planting was] unintentional or intentional. Rebbi Jehudah says, it is the other way around. In the Sabbatical, if unintentional, he may keep it, if intentional, he must tear it out, on the Sabbath he must tear it out whether [planting was] unintentional or intentional because the profit of the Sabbath [is forbidden] to him.” And here, since you say that after the end of the Sabbath he has to wait until the time it could have been done, he did not gain anything from the Sabbath. What is the reason of the rabbis? People are suspected about the Sabbatical but not about the Sabbath. Another explanation: One counts Sabbaticals, one does not count Sabbaths. What is this about? If somebody planted less than thirty days before the Sabbatical and now it is the Sabbatical, if it is because of suspicion, there is no suspicion; if it is for counting, it is counted. Less than thirty days before the eighth year and now it is the eighth year, if it is because of suspicion, there is suspicion; can it be explained for counting? But you have to say because of suspicion; they fined for the unintentional because of the intentional.

Did not Rabbi Abbahu say in the name of Rebbi Joḥanan: If he is in error about fat but intentional about a sacrifice, he can be warned, is whipped, and brings a sacrifice. Say also here, if he has intention about heave but is inadvertent about the fifth, one should warn him and he should be whipped and bring a fifth. Rebbi Zeїra said, it is a decision of the verse, “if somebody eats heave in error,” that all his eating should be in error. If he is intentional in doubt it is as if he is unintentional in his certainty. Rebbi Yose said, this means that if somebody forgot after he knew, he is guilty unintentionally.

If somebody said, I would not touch the volume of an olive, but I will touch half the volume of an olive, Rebbi Abun bar Ḥiyya said, he is like a person who eats half the volume of an olive unintentionally and half the volume of an olive intentionally. Would Rebbi Abun bar Ḥiyya hold with Rebbi Simeon ben Laqish since Rebbi Simeon ben Laqish said, if he ate half the volume of an olive during one forgetting spell, he is free from punishment. So here, if he ate two times half the volume of an olive minus something, he is free from punishment. Rebbi Simeon ben Laqish agrees in the case of prohibitions of usufruct, Rebbi Simeon ben Laqish agrees in the case of the Day of Atonement, Rebbi Simeon ben Laqish agrees in case he would complete it in the future.

HALAKHAH: If they fell down and broke, whether unintentionally or intentionally they should not be lifted, the words of Rebbi Meïr. Rebbi Jehudah says, whether unintentionally or intentionally they may be lifted. Rebbi Yose says, unintentionally they may be lifted, intentionally they may not be lifted. What is the reason of Rebbi Meïr? They fined for the unintentional because of the intentional. What is the reason of Rebbi Jehudah? He already paid his fine. What is the reason of Rebbi Yose? As Rebbi Abbahu said in the name of Rebbi Joḥanan, any prohibited item to which [something permitted] was added, unintentionally it is permitted, intentionally it is forbidden.

HALAKHAH: If they fell down and broke, whether unintentionally or intentionally they should not be lifted, the words of Rebbi Meïr. Rebbi Jehudah says, whether unintentionally or intentionally they may be lifted. Rebbi Yose says, unintentionally they may be lifted, intentionally they may not be lifted. What is the reason of Rebbi Meïr? They fined for the unintentional because of the intentional. What is the reason of Rebbi Jehudah? He already paid his fine. What is the reason of Rebbi Yose? As Rebbi Abbahu said in the name of Rebbi Joḥanan, any prohibited item to which [something permitted] was added, unintentionally it is permitted, intentionally it is forbidden.

HALAKHAH: If they fell down and broke, whether unintentionally or intentionally they should not be lifted, the words of Rebbi Meïr. Rebbi Jehudah says, whether unintentionally or intentionally they may be lifted. Rebbi Yose says, unintentionally they may be lifted, intentionally they may not be lifted. What is the reason of Rebbi Meïr? They fined for the unintentional because of the intentional. What is the reason of Rebbi Jehudah? He already paid his fine. What is the reason of Rebbi Yose? As Rebbi Abbahu said in the name of Rebbi Joḥanan, any prohibited item to which [something permitted] was added, unintentionally it is permitted, intentionally it is forbidden.

HALAKHAH: If they fell down and broke, whether unintentionally or intentionally they should not be lifted, the words of Rebbi Meïr. Rebbi Jehudah says, whether unintentionally or intentionally they may be lifted. Rebbi Yose says, unintentionally they may be lifted, intentionally they may not be lifted. What is the reason of Rebbi Meïr? They fined for the unintentional because of the intentional. What is the reason of Rebbi Jehudah? He already paid his fine. What is the reason of Rebbi Yose? As Rebbi Abbahu said in the name of Rebbi Joḥanan, any prohibited item to which [something permitted] was added, unintentionally it is permitted, intentionally it is forbidden.

As it was stated: “He who tithes or cooks on the Sabbath, if it was done unintentionally it may be eaten, intentionally it may not be eaten, the words of Rebbi Meïr. Rebbi Jehudah says, unintentionally it may be eaten at the end of the Sabbath, intentionally it may not be eaten. Rebbi Joḥanan the Alexandrian said, unintentionally it may be eaten at the end of the Sabbath by others but not by himself, intentionally neither by him nor by others.” Samuel followed Rebbi Joḥanan the Alexandrian. When Rav was instructing his own group he said following Rebbi Meïr; in public he instructed following Rebbi Joḥanan the Alexandrian. Rebbi Simeon bar Karsana said, he explained to us following Rebbi Ismael ben Rebbi Yose, as it was stated: “Rebbi Ismael ben Rebbi Yose said in his father’s name, in any case where for an intentional sin one is liable for extirpation and an unintentional sin for a purification offering, if it was committed on the Sabbath unintentionally or intentionally, the result is forbidden both to him and to others. In any case where for an intentional sin one is not liable for extirpation and an unintentional sin no purification offering is due, if it was committed on the Sabbath unintentionally or intentionally, the result unintentional it may be eaten by others after the end of the Sabbath but not by him, intentionally neither by him nor by others.” They asked before Rebbi Joḥanan, what do you say? He said, I have only the Mishnah: “He who tithes or cooks on the Sabbath, if in error it may be eaten, if intentionally it may not be eaten.” Rav Ḥisda heard this and said, the Sabbaths have been permitted! Rav Huna in the name of Rav, and Rebbi Ḥiyya stated thus: “In earlier times they said, one who forgets some dish on his stove on the Sabbath, unintentionally it may be eaten, intentionally it may not be eaten. People were suspected that they left it intentionally and said, it was forgotten; they forbade it to them when it was forgotten.” And here, you say so? Rebbi Ila said, they were suspected to leave it on, they were not suspected to cook. They imposed a fine for forgetting but not for cooking.

As it was stated: “He who tithes or cooks on the Sabbath, if it was done unintentionally it may be eaten, intentionally it may not be eaten, the words of Rebbi Meïr. Rebbi Jehudah says, unintentionally it may be eaten at the end of the Sabbath, intentionally it may not be eaten. Rebbi Joḥanan the Alexandrian said, unintentionally it may be eaten at the end of the Sabbath by others but not by himself, intentionally neither by him nor by others.” Samuel followed Rebbi Joḥanan the Alexandrian. When Rav was instructing his own group he said following Rebbi Meïr; in public he instructed following Rebbi Joḥanan the Alexandrian. Rebbi Simeon bar Karsana said, he explained to us following Rebbi Ismael ben Rebbi Yose, as it was stated: “Rebbi Ismael ben Rebbi Yose said in his father’s name, in any case where for an intentional sin one is liable for extirpation and an unintentional sin for a purification offering, if it was committed on the Sabbath unintentionally or intentionally, the result is forbidden both to him and to others. In any case where for an intentional sin one is not liable for extirpation and an unintentional sin no purification offering is due, if it was committed on the Sabbath unintentionally or intentionally, the result unintentional it may be eaten by others after the end of the Sabbath but not by him, intentionally neither by him nor by others.” They asked before Rebbi Joḥanan, what do you say? He said, I have only the Mishnah: “He who tithes or cooks on the Sabbath, if in error it may be eaten, if intentionally it may not be eaten.” Rav Ḥisda heard this and said, the Sabbaths have been permitted! Rav Huna in the name of Rav, and Rebbi Ḥiyya stated thus: “In earlier times they said, one who forgets some dish on his stove on the Sabbath, unintentionally it may be eaten, intentionally it may not be eaten. People were suspected that they left it intentionally and said, it was forgotten; they forbade it to them when it was forgotten.” And here, you say so? Rebbi Ila said, they were suspected to leave it on, they were not suspected to cook. They imposed a fine for forgetting but not for cooking.

As it was stated: “He who tithes or cooks on the Sabbath, if it was done unintentionally it may be eaten, intentionally it may not be eaten, the words of Rebbi Meïr. Rebbi Jehudah says, unintentionally it may be eaten at the end of the Sabbath, intentionally it may not be eaten. Rebbi Joḥanan the Alexandrian said, unintentionally it may be eaten at the end of the Sabbath by others but not by himself, intentionally neither by him nor by others.” Samuel followed Rebbi Joḥanan the Alexandrian. When Rav was instructing his own group he said following Rebbi Meïr; in public he instructed following Rebbi Joḥanan the Alexandrian. Rebbi Simeon bar Karsana said, he explained to us following Rebbi Ismael ben Rebbi Yose, as it was stated: “Rebbi Ismael ben Rebbi Yose said in his father’s name, in any case where for an intentional sin one is liable for extirpation and an unintentional sin for a purification offering, if it was committed on the Sabbath unintentionally or intentionally, the result is forbidden both to him and to others. In any case where for an intentional sin one is not liable for extirpation and an unintentional sin no purification offering is due, if it was committed on the Sabbath unintentionally or intentionally, the result unintentional it may be eaten by others after the end of the Sabbath but not by him, intentionally neither by him nor by others.” They asked before Rebbi Joḥanan, what do you say? He said, I have only the Mishnah: “He who tithes or cooks on the Sabbath, if in error it may be eaten, if intentionally it may not be eaten.” Rav Ḥisda heard this and said, the Sabbaths have been permitted! Rav Huna in the name of Rav, and Rebbi Ḥiyya stated thus: “In earlier times they said, one who forgets some dish on his stove on the Sabbath, unintentionally it may be eaten, intentionally it may not be eaten. People were suspected that they left it intentionally and said, it was forgotten; they forbade it to them when it was forgotten.” And here, you say so? Rebbi Ila said, they were suspected to leave it on, they were not suspected to cook. They imposed a fine for forgetting but not for cooking.

As it was stated: “He who tithes or cooks on the Sabbath, if it was done unintentionally it may be eaten, intentionally it may not be eaten, the words of Rebbi Meïr. Rebbi Jehudah says, unintentionally it may be eaten at the end of the Sabbath, intentionally it may not be eaten. Rebbi Joḥanan the Alexandrian said, unintentionally it may be eaten at the end of the Sabbath by others but not by himself, intentionally neither by him nor by others.” Samuel followed Rebbi Joḥanan the Alexandrian. When Rav was instructing his own group he said following Rebbi Meïr; in public he instructed following Rebbi Joḥanan the Alexandrian. Rebbi Simeon bar Karsana said, he explained to us following Rebbi Ismael ben Rebbi Yose, as it was stated: “Rebbi Ismael ben Rebbi Yose said in his father’s name, in any case where for an intentional sin one is liable for extirpation and an unintentional sin for a purification offering, if it was committed on the Sabbath unintentionally or intentionally, the result is forbidden both to him and to others. In any case where for an intentional sin one is not liable for extirpation and an unintentional sin no purification offering is due, if it was committed on the Sabbath unintentionally or intentionally, the result unintentional it may be eaten by others after the end of the Sabbath but not by him, intentionally neither by him nor by others.” They asked before Rebbi Joḥanan, what do you say? He said, I have only the Mishnah: “He who tithes or cooks on the Sabbath, if in error it may be eaten, if intentionally it may not be eaten.” Rav Ḥisda heard this and said, the Sabbaths have been permitted! Rav Huna in the name of Rav, and Rebbi Ḥiyya stated thus: “In earlier times they said, one who forgets some dish on his stove on the Sabbath, unintentionally it may be eaten, intentionally it may not be eaten. People were suspected that they left it intentionally and said, it was forgotten; they forbade it to them when it was forgotten.” And here, you say so? Rebbi Ila said, they were suspected to leave it on, they were not suspected to cook. They imposed a fine for forgetting but not for cooking.

As it was stated: “He who tithes or cooks on the Sabbath, if it was done unintentionally it may be eaten, intentionally it may not be eaten, the words of Rebbi Meïr. Rebbi Jehudah says, unintentionally it may be eaten at the end of the Sabbath, intentionally it may not be eaten. Rebbi Joḥanan the Alexandrian said, unintentionally it may be eaten at the end of the Sabbath by others but not by himself, intentionally neither by him nor by others.” Samuel followed Rebbi Joḥanan the Alexandrian. When Rav was instructing his own group he said following Rebbi Meïr; in public he instructed following Rebbi Joḥanan the Alexandrian. Rebbi Simeon bar Karsana said, he explained to us following Rebbi Ismael ben Rebbi Yose, as it was stated: “Rebbi Ismael ben Rebbi Yose said in his father’s name, in any case where for an intentional sin one is liable for extirpation and an unintentional sin for a purification offering, if it was committed on the Sabbath unintentionally or intentionally, the result is forbidden both to him and to others. In any case where for an intentional sin one is not liable for extirpation and an unintentional sin no purification offering is due, if it was committed on the Sabbath unintentionally or intentionally, the result unintentional it may be eaten by others after the end of the Sabbath but not by him, intentionally neither by him nor by others.” They asked before Rebbi Joḥanan, what do you say? He said, I have only the Mishnah: “He who tithes or cooks on the Sabbath, if in error it may be eaten, if intentionally it may not be eaten.” Rav Ḥisda heard this and said, the Sabbaths have been permitted! Rav Huna in the name of Rav, and Rebbi Ḥiyya stated thus: “In earlier times they said, one who forgets some dish on his stove on the Sabbath, unintentionally it may be eaten, intentionally it may not be eaten. People were suspected that they left it intentionally and said, it was forgotten; they forbade it to them when it was forgotten.” And here, you say so? Rebbi Ila said, they were suspected to leave it on, they were not suspected to cook. They imposed a fine for forgetting but not for cooking.

As it was stated: “He who tithes or cooks on the Sabbath, if it was done unintentionally it may be eaten, intentionally it may not be eaten, the words of Rebbi Meïr. Rebbi Jehudah says, unintentionally it may be eaten at the end of the Sabbath, intentionally it may not be eaten. Rebbi Joḥanan the Alexandrian said, unintentionally it may be eaten at the end of the Sabbath by others but not by himself, intentionally neither by him nor by others.” Samuel followed Rebbi Joḥanan the Alexandrian. When Rav was instructing his own group he said following Rebbi Meïr; in public he instructed following Rebbi Joḥanan the Alexandrian. Rebbi Simeon bar Karsana said, he explained to us following Rebbi Ismael ben Rebbi Yose, as it was stated: “Rebbi Ismael ben Rebbi Yose said in his father’s name, in any case where for an intentional sin one is liable for extirpation and an unintentional sin for a purification offering, if it was committed on the Sabbath unintentionally or intentionally, the result is forbidden both to him and to others. In any case where for an intentional sin one is not liable for extirpation and an unintentional sin no purification offering is due, if it was committed on the Sabbath unintentionally or intentionally, the result unintentional it may be eaten by others after the end of the Sabbath but not by him, intentionally neither by him nor by others.” They asked before Rebbi Joḥanan, what do you say? He said, I have only the Mishnah: “He who tithes or cooks on the Sabbath, if in error it may be eaten, if intentionally it may not be eaten.” Rav Ḥisda heard this and said, the Sabbaths have been permitted! Rav Huna in the name of Rav, and Rebbi Ḥiyya stated thus: “In earlier times they said, one who forgets some dish on his stove on the Sabbath, unintentionally it may be eaten, intentionally it may not be eaten. People were suspected that they left it intentionally and said, it was forgotten; they forbade it to them when it was forgotten.” And here, you say so? Rebbi Ila said, they were suspected to leave it on, they were not suspected to cook. They imposed a fine for forgetting but not for cooking.

It was stated: “A woman should not fill a pot with ˋassisiot and lupines and put them into the oven at the start of the Sabbath, at nightfall. If she did, they are forbidden after the end of the Sabbath until the time they could have been done.” Rebbi Aḥa said: intentionally, following Rebbi Meïr; Rebbi Yose said: unintentionally, following Rebbi Jehudah. Rebbi Mana said, what my teacher Rebbi Yose said is correct: “He who is planting on the Sabbath, if unintentional, he may keep it, if intentional, he must tear it out. In the Sabbatical year, he must tear it out whether [planting was] unintentional or intentional. Rebbi Jehudah says, it is the other way around. If he was planting on the Sabbath he must tear it out whether it was unintentional or intentional; in the Sabbatical, if unintentional, he may keep it, if intentional, he must tear it out. Why? Because the profit of the Sabbath [is forbidden] to him.” And here, since you say that after the end of the Sabbath he has to wait until the time it could have been done, he did not gain anything from the Sabbath. What is the reason of the rabbis? People are suspected about the Sabbatical but not about the Sabbath. Another explanation: One counts Sabbaticals, one does not count Sabbaths. What is this about? If somebody planted less than thirty days before the Sabbatical and now it is the Sabbatical, if it is because of suspicion, there is no suspicion; if it is for counting, it is not counted. Less than thirty days before the eighth year and now it is the eighth year, if it is because of suspicion, there is suspicion; if it is because of counting, there is counting. It follows him who says because of suspicion, but for him who says because of counting they fined the unintentional because of the intentional.

Rebbi Yose ben Ḥanina said, unintentionally a prohibition, intentionally a prohibition. Rebbi Joshua ben Levi said, unintentionally extirpation, intentionally extirpation. Rebbi Simeon ben Yoḥai stated, a support of Rebbi Joshua ben Levi: He blasphemes the Eternal and will be extirpated. Think of it; even if he was intentional in a matter of extirpation and he was warned and is being flogged, may he bring a sacrifice? Rebbi Abbahu in the name of Rebbi Joḥanan: If he was unintentional about fat but intentional about the purification sacrifice one warns him and he is flogged.

Rebbi Yose ben Ḥanina said, unintentionally a prohibition, intentionally a prohibition. Rebbi Joshua ben Levi said, unintentionally extirpation, intentionally extirpation. Rebbi Simeon ben Yoḥai stated, a support of Rebbi Joshua ben Levi: He blasphemes the Eternal and will be extirpated. Think of it; even if he was intentional in a matter of extirpation and he was warned and is being flogged, may he bring a sacrifice? Rebbi Abbahu in the name of Rebbi Joḥanan: If he was unintentional about fat but intentional about the purification sacrifice one warns him and he is flogged.

HALAKHAH: “One which never had been used for work,” intentionally, “which never had drawn under a yoke,” intentionally or unintentionally. Rebbi Jonah explains the Mishnah: “One which never had been used for work,” intentionally, “which never had drawn under a yoke,” intentionally or unintentionally, if it actually had drawn. Rebbi Yose explained the Mishnah: Intentionally even if it had not drawn, unintentionally if it actually had drawn. It turns out that Rebbi Jonah follows Rebbi Ismael and Rebbi Yose the rabbis. Rebbi Jonah follows Rebbi Ismael, since Rebbi Ismael says, anything which was in a set and left the set to teach leaves its set and stands in its new meaning. Therefore, he has to spell out “one which never had been used for work,” intentionally, “which never had drawn under a yoke,” intentionally or unintentionally, if it actually had drawn. Rebbi Yose follows the rabbis, since the rabbis say, anything which was in a set and left the set to teach remains in its set and in its new meaning. Therefore, he has to spell out: intentionally even if it had not drawn, unintentionally if it actually had drawn.

HALAKHAH: “One which never had been used for work,” intentionally, “which never had drawn under a yoke,” intentionally or unintentionally. Rebbi Jonah explains the Mishnah: “One which never had been used for work,” intentionally, “which never had drawn under a yoke,” intentionally or unintentionally, if it actually had drawn. Rebbi Yose explained the Mishnah: Intentionally even if it had not drawn, unintentionally if it actually had drawn. It turns out that Rebbi Jonah follows Rebbi Ismael and Rebbi Yose the rabbis. Rebbi Jonah follows Rebbi Ismael, since Rebbi Ismael says, anything which was in a set and left the set to teach leaves its set and stands in its new meaning. Therefore, he has to spell out “one which never had been used for work,” intentionally, “which never had drawn under a yoke,” intentionally or unintentionally, if it actually had drawn. Rebbi Yose follows the rabbis, since the rabbis say, anything which was in a set and left the set to teach remains in its set and in its new meaning. Therefore, he has to spell out: intentionally even if it had not drawn, unintentionally if it actually had drawn.

HALAKHAH: “One which never had been used for work,” intentionally, “which never had drawn under a yoke,” intentionally or unintentionally. Rebbi Jonah explains the Mishnah: “One which never had been used for work,” intentionally, “which never had drawn under a yoke,” intentionally or unintentionally, if it actually had drawn. Rebbi Yose explained the Mishnah: Intentionally even if it had not drawn, unintentionally if it actually had drawn. It turns out that Rebbi Jonah follows Rebbi Ismael and Rebbi Yose the rabbis. Rebbi Jonah follows Rebbi Ismael, since Rebbi Ismael says, anything which was in a set and left the set to teach leaves its set and stands in its new meaning. Therefore, he has to spell out “one which never had been used for work,” intentionally, “which never had drawn under a yoke,” intentionally or unintentionally, if it actually had drawn. Rebbi Yose follows the rabbis, since the rabbis say, anything which was in a set and left the set to teach remains in its set and in its new meaning. Therefore, he has to spell out: intentionally even if it had not drawn, unintentionally if it actually had drawn.

HALAKHAH: “One which never had been used for work,” intentionally, “which never had drawn under a yoke,” intentionally or unintentionally. Rebbi Jonah explains the Mishnah: “One which never had been used for work,” intentionally, “which never had drawn under a yoke,” intentionally or unintentionally, if it actually had drawn. Rebbi Yose explained the Mishnah: Intentionally even if it had not drawn, unintentionally if it actually had drawn. It turns out that Rebbi Jonah follows Rebbi Ismael and Rebbi Yose the rabbis. Rebbi Jonah follows Rebbi Ismael, since Rebbi Ismael says, anything which was in a set and left the set to teach leaves its set and stands in its new meaning. Therefore, he has to spell out “one which never had been used for work,” intentionally, “which never had drawn under a yoke,” intentionally or unintentionally, if it actually had drawn. Rebbi Yose follows the rabbis, since the rabbis say, anything which was in a set and left the set to teach remains in its set and in its new meaning. Therefore, he has to spell out: intentionally even if it had not drawn, unintentionally if it actually had drawn.

HALAKHAH: “One which never had been used for work,” intentionally, “which never had drawn under a yoke,” intentionally or unintentionally. Rebbi Jonah explains the Mishnah: “One which never had been used for work,” intentionally, “which never had drawn under a yoke,” intentionally or unintentionally, if it actually had drawn. Rebbi Yose explained the Mishnah: Intentionally even if it had not drawn, unintentionally if it actually had drawn. It turns out that Rebbi Jonah follows Rebbi Ismael and Rebbi Yose the rabbis. Rebbi Jonah follows Rebbi Ismael, since Rebbi Ismael says, anything which was in a set and left the set to teach leaves its set and stands in its new meaning. Therefore, he has to spell out “one which never had been used for work,” intentionally, “which never had drawn under a yoke,” intentionally or unintentionally, if it actually had drawn. Rebbi Yose follows the rabbis, since the rabbis say, anything which was in a set and left the set to teach remains in its set and in its new meaning. Therefore, he has to spell out: intentionally even if it had not drawn, unintentionally if it actually had drawn.

HALAKHAH: Rebbi Yudan did not go to the assembly. He was standing with Rebbi Mana and asked him, what new was said? He said: So says Rebbi Yose, a person causing impurity does not have the status of a perpetrator, fromthe following: “Heave which became impure.” He answered: Explain it, if it became impure by itself; then you cannot infer anything, because of a Mishnah: “If somebody judged, absolved the guilty and obligated the innocent, declared the pure impure and the impure pure.” For Rav Jeremiah said in the name of Rav: If he touched it with his hand. Samuel said: If he touched it with his hand. Rebbi Jehudah ben Rebbi says, it should have been logical that even intentionally he should have been free. Why did they say that he is obligated? That he should tell. And Rebbi Joḥanan said, it should have been logical that even unintentionally he should have been obligated. Why did they say that he is free? Because of a fine. The strength of Rebbi Joḥanan comes from this: “If someone causes anything to become impure, or dema‘, or libation wine, if it was unintentional he is free, intentional he is obligated,” and Rebbi Joḥanan said, he pays a fine. A baraita supports Rebbi Joḥanan: “A person who puts a yoke on another’s cow is free in human law but guilty in Heaven’s law.”

MISHNAH: If somebody uses his portion either from most holy or simply holy sacrifices for preliminary marriage, she is not preliminarily married. From Second Tithe there is no preliminary marriage whether unintentionally or intentionally, the words of Rebbi Meïr. Rebbi Jehudah says, intentionally he performed preliminary marriage, unintentionally he did not perform preliminary marriage. From Temple property, intentionally he performed preliminary marriage, unintentionally he did not perform preliminary marriage, the words of Rebbi Meïr. Rebbi Jehudah says, unintentionally he performed preliminary marriage, intentionally he did not perform preliminary marriage.

MISHNAH: If somebody uses his portion either from most holy or simply holy sacrifices for preliminary marriage, she is not preliminarily married. From Second Tithe there is no preliminary marriage whether unintentionally or intentionally, the words of Rebbi Meïr. Rebbi Jehudah says, intentionally he performed preliminary marriage, unintentionally he did not perform preliminary marriage. From Temple property, intentionally he performed preliminary marriage, unintentionally he did not perform preliminary marriage, the words of Rebbi Meïr. Rebbi Jehudah says, unintentionally he performed preliminary marriage, intentionally he did not perform preliminary marriage.

MISHNAH: If somebody uses his portion either from most holy or simply holy sacrifices for preliminary marriage, she is not preliminarily married. From Second Tithe there is no preliminary marriage whether unintentionally or intentionally, the words of Rebbi Meïr. Rebbi Jehudah says, intentionally he performed preliminary marriage, unintentionally he did not perform preliminary marriage. From Temple property, intentionally he performed preliminary marriage, unintentionally he did not perform preliminary marriage, the words of Rebbi Meïr. Rebbi Jehudah says, unintentionally he performed preliminary marriage, intentionally he did not perform preliminary marriage.

MISHNAH: If somebody uses his portion either from most holy or simply holy sacrifices for preliminary marriage, she is not preliminarily married. From Second Tithe there is no preliminary marriage whether unintentionally or intentionally, the words of Rebbi Meïr. Rebbi Jehudah says, intentionally he performed preliminary marriage, unintentionally he did not perform preliminary marriage. From Temple property, intentionally he performed preliminary marriage, unintentionally he did not perform preliminary marriage, the words of Rebbi Meïr. Rebbi Jehudah says, unintentionally he performed preliminary marriage, intentionally he did not perform preliminary marriage.

MISHNAH: If his jar was broken in the public domain and another person slipped on the water or was hurt by one of its shards, he must pay. Rebbi Jehudah said, if intentionally, he has to pay; if unintentionally, he is free.

One objects from the Mishnah; sometimes one objects in support of Rebbi Joḥanan, sometimes one objects in support of Rebbi Simeon ben Laqish. “A person may eat once and be liable for four purification and one reparation sacrifices: An impure person who ate suet which was leftover sacrifice on the Day of Atonement. Rebbi Meïr said, if it was a Sabbath and he took it out on the Sabbath. They told him, it is not from that category.” When they objected in support of Rebbi Joḥanan: If he took it out on the Sabbath, there is no putting down. Why did they say, it is not from that category? When they objected in support of Rebbi Simeon ben Laqish: Why is he not liable if he took it out on the Day of Atonement? Rebbi Yose ben Rebbi Abun said, Rebbi Meïr follows Rebbi Aqiba, as it was stated: From where that if one unintentionally worked on a Day of Atonement which fell on the Sabbath, he is liable for each one separately? The verse says, “it is Sabbath,” “it is the Day of Atonement.” Rebbi Ismael said, he is liable only once. If he took it out] on the Sabbath and put it down. Why did they say: “it is not from that category”? I would say in explanation that he ate it. Is eating not putting it down? Therefore, it is only reasonable that if he took it out on the Sabbath, he be liable. Then if he took it out [on the Day of Atonement why should he not be liable?

Rebbi Yasa said, I heard something from Rebbi Samuel ben Rav Isaac in this matter, but I do not remember what it was. Rebbi Ze‘ira told him, maybe it was the following: At the start the discussion refers to the tame animal. It added weregilt for the notorious. Then it added damages for both of them. I could think that as it added damages, it added the payment for the slave; the verse says “but the owner of the bull is free;” free from paying for a slave. Rebbi La said, everywhere you are more restrictive for a slave than anything else since even if he is scabbed one pays thirty tetradrachmas; I would have said also (for his father and his mother) the same; the verse says “but the owner of the bull is free;” free from paying for fetuses. Everywhere you are more restrictive for a notorious than for a tame one, would you be more restrictive here for a tame one than for a notorious? But it must be so: Men who act unintentionally are liable; bulls who act unintentionally are not liable. Does this mean that if they acted intentionally, they were liable? The verse says, “but the owner of the bull is free;” free from paying for a slave. Another Tanna stated: “But the owner of the bull is free;” free from paying for a slave. But is it not written: “If people quarrel”, people but not bulls. Rebbi Ḥaggai said, so is the baraita: Men who act unintentionally are liable; bulls who act unintentionally are not liable. Does this mean that if they acted intentionally, they were liable? The verse says, “but the owner of the bull is free;” free from paying for a slave. But is it not written: “When they quarrel,” “when they brawl”. Is not quarrel the same as brawl? Since there the act was intentional, so here the act was intentional; or since here the act was unintentional, so here the act was unintentional. What about this? As Rebbi Samuel ben Rav Isaac said, at the start it treats the tame animal, etc.

Rebbi Yasa said, I heard something from Rebbi Samuel ben Rav Isaac in this matter, but I do not remember what it was. Rebbi Ze‘ira told him, maybe it was the following: At the start the discussion refers to the tame animal. It added weregilt for the notorious. Then it added damages for both of them. I could think that as it added damages, it added the payment for the slave; the verse says “but the owner of the bull is free;” free from paying for a slave. Rebbi La said, everywhere you are more restrictive for a slave than anything else since even if he is scabbed one pays thirty tetradrachmas; I would have said also (for his father and his mother) the same; the verse says “but the owner of the bull is free;” free from paying for fetuses. Everywhere you are more restrictive for a notorious than for a tame one, would you be more restrictive here for a tame one than for a notorious? But it must be so: Men who act unintentionally are liable; bulls who act unintentionally are not liable. Does this mean that if they acted intentionally, they were liable? The verse says, “but the owner of the bull is free;” free from paying for a slave. Another Tanna stated: “But the owner of the bull is free;” free from paying for a slave. But is it not written: “If people quarrel”, people but not bulls. Rebbi Ḥaggai said, so is the baraita: Men who act unintentionally are liable; bulls who act unintentionally are not liable. Does this mean that if they acted intentionally, they were liable? The verse says, “but the owner of the bull is free;” free from paying for a slave. But is it not written: “When they quarrel,” “when they brawl”. Is not quarrel the same as brawl? Since there the act was intentional, so here the act was intentional; or since here the act was unintentional, so here the act was unintentional. What about this? As Rebbi Samuel ben Rav Isaac said, at the start it treats the tame animal, etc.

Rebbi Yasa said, I heard something from Rebbi Samuel ben Rav Isaac in this matter, but I do not remember what it was. Rebbi Ze‘ira told him, maybe it was the following: At the start the discussion refers to the tame animal. It added weregilt for the notorious. Then it added damages for both of them. I could think that as it added damages, it added the payment for the slave; the verse says “but the owner of the bull is free;” free from paying for a slave. Rebbi La said, everywhere you are more restrictive for a slave than anything else since even if he is scabbed one pays thirty tetradrachmas; I would have said also (for his father and his mother) the same; the verse says “but the owner of the bull is free;” free from paying for fetuses. Everywhere you are more restrictive for a notorious than for a tame one, would you be more restrictive here for a tame one than for a notorious? But it must be so: Men who act unintentionally are liable; bulls who act unintentionally are not liable. Does this mean that if they acted intentionally, they were liable? The verse says, “but the owner of the bull is free;” free from paying for a slave. Another Tanna stated: “But the owner of the bull is free;” free from paying for a slave. But is it not written: “If people quarrel”, people but not bulls. Rebbi Ḥaggai said, so is the baraita: Men who act unintentionally are liable; bulls who act unintentionally are not liable. Does this mean that if they acted intentionally, they were liable? The verse says, “but the owner of the bull is free;” free from paying for a slave. But is it not written: “When they quarrel,” “when they brawl”. Is not quarrel the same as brawl? Since there the act was intentional, so here the act was intentional; or since here the act was unintentional, so here the act was unintentional. What about this? As Rebbi Samuel ben Rav Isaac said, at the start it treats the tame animal, etc.

Rebbi Yasa said, I heard something from Rebbi Samuel ben Rav Isaac in this matter, but I do not remember what it was. Rebbi Ze‘ira told him, maybe it was the following: At the start the discussion refers to the tame animal. It added weregilt for the notorious. Then it added damages for both of them. I could think that as it added damages, it added the payment for the slave; the verse says “but the owner of the bull is free;” free from paying for a slave. Rebbi La said, everywhere you are more restrictive for a slave than anything else since even if he is scabbed one pays thirty tetradrachmas; I would have said also (for his father and his mother) the same; the verse says “but the owner of the bull is free;” free from paying for fetuses. Everywhere you are more restrictive for a notorious than for a tame one, would you be more restrictive here for a tame one than for a notorious? But it must be so: Men who act unintentionally are liable; bulls who act unintentionally are not liable. Does this mean that if they acted intentionally, they were liable? The verse says, “but the owner of the bull is free;” free from paying for a slave. Another Tanna stated: “But the owner of the bull is free;” free from paying for a slave. But is it not written: “If people quarrel”, people but not bulls. Rebbi Ḥaggai said, so is the baraita: Men who act unintentionally are liable; bulls who act unintentionally are not liable. Does this mean that if they acted intentionally, they were liable? The verse says, “but the owner of the bull is free;” free from paying for a slave. But is it not written: “When they quarrel,” “when they brawl”. Is not quarrel the same as brawl? Since there the act was intentional, so here the act was intentional; or since here the act was unintentional, so here the act was unintentional. What about this? As Rebbi Samuel ben Rav Isaac said, at the start it treats the tame animal, etc.

And from where that it speaks only about the impurity of the Sanctuary and its sancta? He warned and punished about impurity and required a sacrifice about impurity. Since punishment and warning spelled out later on refer to impurity of the Sanctuary and its sancta, also when He made liable for a sacrifice it is about impurity of the Sanctuary and its sancta. Rebbi Eliezer ben Jacob says, since it says, I did not eat from it in my deep mourning, I could think that an Israel who ate tithe in deep mourning should bring a sacrifice. The verse says, from thes e. For some of these he is liable, for some of these he is not liable. I will exclude tithe which is not a deadly sin but will not exclude heave which is a deadly sin as it is said, they would die from it for they desecrated it. The verse says from thes e; for some of these he is liable, for some of these he is not liable. Or since there [one speaks about] heave, also here heave. But did you not learn it from foreign worship? Since foreign worship teaches about all transgressions in the Torah, to say that as foreign worship is special that one is liable for extirpation if done intentionally and for a sacrifice if done unintentionally. This excludes heave which only is a deadly sin.

Are not minor sins [positive commandments and] prohibitions; are not serious ones extirpations and capital crimes? Rav Jehudah said, so is the Mishnah: “Minor or serious ones. Those minor ones, whether he committed them intentionally or committed them unintentionally. Those intentional ones, whether he obtained knowledge of them or did not obtain knowledge of them. The following are minor sins: positive commandments and prohibitions. Serious ones, extirpations and capital crimes. Just as the he-goat whose blood is brought inside atones for intentional infractions and suspends for the unintentional, the same holds for the scapegoat.”

MISHNAH: An oath about testimony applies to men but not to women, to unrelated persons but not to relatives, to qualified but not to disqualified ones; it applies only to those admitted to testify, in court and out of court, and by the person’s own words. By the words of others they only become liable if they renege before a court, the words of Rebbi Meїr. But the Sages say, whether by the person’s own words or by the words of others they only become liable if they renege before a court. They are liable both for intentional [violation of the] oath and for erroneous one, and for intentional [refusal of] testimony, but one is not liable unintentionally. What is one liable for if intentional? A variable value sacrifice.

Their roasted egg, Bar Qappara permitted, Ḥizqiah forbade. So far if it was roasted intentionally. If it was roasted unintentionally? Let us hear from the following: There was a fire in an under-growth of reeds and a swamp of date palms where there were locusts which were roasted. The case came before Rebbi Mana, who forbade them. Rebbi Abbahu said, because of admixture of impure locusts. Rebbi Yose ben Rebbi Abun said, and this is of the stringencies of Rav. Rav returned there and saw them taking things lightly and was restrictive with them. A man was carrying meat while walking on the market. There came a vulture, seized it from his hand, and it dropped off under him. He went and wanted to sell it. Rav told him, it is forbidden to you, for I am saying that it was carrying carcass meat, dropped it and took the other instead. A man went to wash a piece of meat in the river. He forgot it and left. Then he went and wanted to sell it. Rav told him, it is forbidden to you, for I am saying the other one was carried away by the river and it brought another piece of carcass meat in its place.

MISHNAH: The father is exiled for his son, and the son for the father. Everybody is exiled for an Israel, and an Israel for everybody except a sojourner. A sojourner is exiled for a sojourner. A blind person is not exiled, the words of Rebbi Jehudah; Rebbi Meïr says, he is exiled. Rebbi Yose ben Rebbi Jehudah says, the hater is executed for he is as if notorious. Rebbi Simeon says, there is a hater who is exiled and one who is not exiled. In any case where one can say that he killed intentionally, he is not exiled; unintentionally, he is exiled.