uqba

Some Tannaïm formulate: “Between wolf and dog, between domesticated and wild donkey.” But some Tannaïm formulate: “That a man should be four ammot distant from another man and recognize him”. That is what we have to say that he who says between wolf and dog, between domesticated and wild donkey is parallel to him who says between dark blue and the color of leeks; he who says that a man should be four ammot distant from another man and recognize him is parallel to him who says between dark blue and white. But they said that its preferred obligation is at sunrise so that one may join the mention of redemption to prayer and pray at daytime. Rebbi Zeïra said: I found the reason (Ps. 72:5): “They will fear You with the sun.” Mar Uqba said: The very religious were getting up early and reading the Shema‘ so that they could follow it directly at sunrise with the Amidah prayer.

Rebbi Jeremiah asked before Rebbi Zeïra: If it was used as bath house in summer but not in the rainy season, what is the rule? He said to him, a bath house even if it is not in use, a toilet even if it does not contain excrement. Mar Uqba said: a pig is a moving toilet. Rebbi Jonah investigated: A pebble on the sea shore, what is the rule? Rebbi Ammi the physician said: Rebbi Jeremiah taught that one may pass it by pylyvs, but one does not trust this ruling.

Rebbi Ḥama bar Uqba in the name of Rebbi Yose ben Ḥanina: Under the grapes it is forbidden and sanctifies but not under the leaves. Rebbi Yose said, even under the leaves it is forbidden and sanctifies.

There, we have stated: “One keeps seeds, the plough, and urine three hand-breadths away from a wall.” Rebbi Jeremiah said that Rebbi Ḥama bar Uqba raised a question: There, you say that the roots do not expand sideways and here you say, the roots do expand sideways! Rebbi Yose said, in both cases the roots do not expand sideways but they create soft earth and undermine the base of the wall. You can see that because we also stated “urine”. Does urine expand sideways? Rebbi Yose the son of Rebbi Abun explained, did we not also state “the plough”? Does the plough expand sideways?

Rebbi Ḥama bar Uqba said in the name of Rebbi Yose ben Rebbi Ḥanina, he who leads kilaim by voice will be whipped. We have stated so: “If he led it, if he made it draw, if he called it and it came, he is responsible to pay like a borrower.” But did not Samuel state: “If it was standing outside the Sabbath domain, he called it and it came after him, he is free.” There it comes of its own volition, here it is forced to walk But did we not state: “If he clapped before his [a slave’s] eye and blinded it, before his [a slave’s] ear and made it deaf, he [the slave] does not attain freedom.” Rebbi Eliezer ben Rebbi Yose said before Rebbi Yose, there is a difference because he [the slave] could have fled. Know that it is so because we have stated: “If he grabbed him he is guilty.”

“ ‘Field Stones’ is an animal.” Yassi from Arke: It is a mountain man and lives from its navel. If its umbilical cord is cut, it cannot live. Rebbi Ḥama bar Uqba in the name of Rebbi Yose ben Ḥanina: The reason of Rebbi Yose (Num. 19:16): “All that touches [a slain person] on the surface of the field”, when it grows on the field.

Rebbi Ḥiyya in the name of Rebbi Joḥanan: There are six unresolved doubts. The caper-bush among trees following the House of Shammai, clay vessels like potash vessels following the House of Shammai, the squirrel mole among the crawling things following the House of Shammai; the Egyptian bean among seed-vegetables, the hermaphrodite among humans, the koi among wild animals according to everybody. Rebbi Ḥama bar Uqba said, also the ṭrīqsīn cubit. What is the ṭrīqsīn cubit? Rebbi Jonah from Bostra said, confusion, “what is inside-outside?” Rebbi Yose said, since it is written (1K. 6:17) “forty cubits was the House, that is the inner Temple,” it means it is counted inside. Rebbi Mana said to him, but it is written (2Chr. 3:8) “He made the holiest of holies twenty cubits long and ten wide,” that means it is counted outside.

Rebbi Ḥuna in the name of Rab Naḥman bar Jacob: He who goes to do his needs and cannot relieve himself should walk around and he will be able to relieve himself. Rebbi Ḥuna in the name of Mar Uqba: Ḥafrita root is good for the intestines.

“Since nothing similar is growing wild on the fields.” And since nothing similar is growing wild on the fields should they be forbidden? Rebbi Ḥama bar Uqba in the name of Rebbi Yose bar Ḥanina said, because they usually grow layers. And because they usually grow layers should they be forbidden? Rebbi Samuel bar Rebbi Isaac said, for all other vegetables one can recognize whether they are new or old but here one should not go and bring from what is forbidden and say I brought from the layers.

Rebbi Ḥama bar Uqba in the name of Rebbi Yose bar Ḥanina: They were of the opinion that mountain wildlife does not develop in the valley, nor does valley wildlife develop on the mountains. Diocletian oppressed the people of Paneias; they told him: we are leaving. A Sophist told him, they will not go, and if they go they will return. If you want to check, bring deer and send them to a distant land; in the end they will return to their places. He did so, brought deer, covered their antlers with silver, and sent them to Africa. At the end of thirteen years they returned to their places.

Rebbi Ḥama bar Uqba in the name of Rebbi Yose bar Ḥanina: Since he transgresses a prohibition it follows that what he did is valid. Rebbi Ḥama bar Uqba said in the name of Rebbi Yose bar Ḥanina: He is whipped. Rebbi Zeïra said, they objected before Rebbi Joḥanan and he remained silent: If he transgresses, is he whipped or not? Rebbi Aḥa bar Jacob in the name of Rebbi Joḥanan: He is not whipped. How does Rebbi Joḥanan explain (Ex. 22:28): “Your fullness you should not make follow your dema‘”. He explains it for removal.

Rebbi Ḥama bar Uqba in the name of Rebbi Yose bar Ḥanina: Since he transgresses a prohibition it follows that what he did is valid. Rebbi Ḥama bar Uqba said in the name of Rebbi Yose bar Ḥanina: He is whipped. Rebbi Zeïra said, they objected before Rebbi Joḥanan and he remained silent: If he transgresses, is he whipped or not? Rebbi Aḥa bar Jacob in the name of Rebbi Joḥanan: He is not whipped. How does Rebbi Joḥanan explain (Ex. 22:28): “Your fullness you should not make follow your dema‘”. He explains it for removal.

Rebbi Ḥama bar Uqba in the name of Rebbi Yose ben Rebbi Ḥanina: With a vessel which inside is pure but impure outside one does not defile a small amount even to save a large amount. But did we not state: “Let it descend and become impure; he should not make it impure with his hands?” Rebbi Samuel bar Berekhiah said, explain for two vessels, one pure inside and impure outside, the other impure inside and pure outside. But that Mishnah speaks of one impure vessel! Rebbi Mana said, explain it if the vat is pure; the Mishnah deals with an impure vat. Did we not state: “Let it descend and be absorbed [into the ground]; he should not cause it to be absorbed by his hands’ [action].” Explain it if it rolled onto to a bet happĕrās.

“Second Tithe and dedicated [grain] that were redeemed”. Rebbi Zeïra, Rebbi Assi, Rebbi Ḥama bar Uqba, Rebbi Hillel ben Vales argued in the name of Rebbi Jehudah from the following: “First tithe given early, from ears, is free from [the obligation of] great heave”.

“If they became impure in the Temple court, he scatters them and cannot make the declaration.” Rebbi Ḥama bar Uqba in the name of Rebbi Yose bar Ḥanina: If the First Fruits became impure, the baskets are given to the priests since it is said (Deut. 26:4): “The Cohen shall take the basket from your hand.”

“And who tears down,” but only for a need. Rebbi Ḥama bar Uqba in the name of Rebbi Simeon ben Laqish: he who braids a palm-leaf basket is liable because of building. Rebbi Ila in the name of Rebbi Simeon ben Laqish: he who blows a glass vessel is liable because of building. The rabbis of Caesarea in the name of Rebbi Simeon ben Laqish: There are things which are close but far away; and there are things which are far away but close. He who braids a palm-leaf basket, and he who blows a glass vessel, and he who makes a vessel in a form, all are because of building. He who selects, who filters, and who sifts, all because of removing waste. Each of them is separately liable. And why was handing over not stated with them? Rebbi Simon in the name of Rebbi Joshua ben Levi: Because of the disagreement of Rebbi Aqiba and the Sages. Rebbi Ḥizqiah, Rebbi Jehudah ben Levi, Rebbi Joshua ben Levi in the name of Rebbi: In addition, there is handing over. And why was it not stated with them? All categories of work involve one, and this one two. All categories of work have derivatives, but this has no derivative.

Rebbi Zeˋira asked, what kind of threshold? Like a permitted threshold or a forbidden threshold? Rebbi Zeˋira said, when I was still there it was questionable for me, but when I came here I heard Rebbi Yasa in the name of Rebbi Joḥanan: If a threshold is ten [hand-breadths] high but less than four wide it is permitted for both domains; only one should not exchange. Rebbi Mana said before Rebbi Yose, look what he is saying! He only said, if it is less than four wide. But if it is four wide it is forbidden. He said to him, is that not the case of a cross-beam? Is it not permitted under a cross-beam? Rebbi Zeˋira said, Samuel and Rebbi Joḥanan. Samuel said, under the beam it is forbidden, but Rebbi Joḥanan said, it is permitted. Everybody agrees that between laths it is forbidden, and it was stated thus: If an alley is made of laths, if between one and the next are four hand-breadths one carries up to the outer one; otherwise one carries up to the inner one. The Rabbis of Caesarea in the name of Rebbi Uqba, unless the outer one is wider. But if the outer one was wider one carries up to the outer one.

[Rebbi] Aḥa told him, so says Rebbi Simeon ben Laqish: One does not use as support any Mishnah which is not accepted by a group. Rebbi Yose said, it follows him who said, a courtyard becomes permitted by two planks on condition that there be a plank of four hand-breadths on each side. Rebbi Yose ben Rebbi Bun said, even you have to say that it follows him who said, a courtyard becomes permitted by two planks on condition that there be a plank of four hand-breadths on either side. (Rav) [Rebbi Mar] Uqba in the name of the rabbis there: They are considered only for the large one but are not considered for the small one.

There we have stated: “A flask which had been immersed on the same day and [they filled it] from an amphora with ṭevel tithe, if he said that this shall be heave of the tithe after nightfall then it is heave of the tithe. If he said this is eruv, he did not say anything.” Rebbi Jonah said, Rebbi Ḥama bar (Aqiba) [Uqba] asked, is this Mishnah not following Rebbi Eliezer, since Rebbi Eliezer said, one does not make an eruv for a person after nightfall? Rebbi Jeremiah in the name of Rebbi Zeˋira: There it is everybody’s opinion. But here he acquires a place for Sabbath rest for two days while it still is a working day. Rebbi Ḥaggai asked, if it was Thursday and he said, this should acquire for me a place for Sabbath rest, in Rebbi Eliezer’s opinion he acquired, in (Rav’s) [the rabbis’] opinion did he not acquire? Rebbi Yose said, why can a person not make an eruv from holiday to Sabbath? Because a person makes an eruv from Sabbath eve to the Sabbath. But here, since he can make an eruv from Sabbath eve to the Sabbath, he may make an eruv even from Thursday to the Sabbath. “Rebbi Eliezer said to them, do you not agree with me that if he used a loaf to make an eruv for the first day, that he may use a loaf to make an eruv for the second day, that if he ate it on the first day it is an eruv for the first day but is not an eruv for the second? Therefore these are two sanctities. They answered him, do you not agree with us that a person does not make a new eruv on a holiday? Therefore it is one sanctity.”

Rebbi Abba in the name of Rebbi Jehudah, Rebbi Zeˋira in the name of Mar Uqba: One strip-measures only with a rope of 50 cubits. Rebbi Zeˋira in the name of Rav Ḥasdai: One strip-measures (only in mountains but) not for the place of breaking the calf’s neck. This would be acceptable for him who says, 1000 cubits of open space and 2000 cubits of Sabbath domain. But for him who says, 1000 cubits of open space and 2000 cubits of fields and vineyards, did they not learn the Sabbath domain from the Levitic cities? For the main thing one does not strip-measure; does one strip-measure for the derivative?

Rebbi Joḥanan said, it is Rebbi Simeon’s. Rebbi Jacob bar Aḥa, Rebbi Immi in the name of Rebbi Simeon ben Laqish, it is Rebbi Simeon’s. Rebbi Ḥama bar Uqba in the name of Rebbi Yose ben Rebbi Ḥanina: If somebody became disinterested in his Pesaḥ, its body is brought as well-being offering. Rebbi Jonah said, qualified well-being offering. Rebbi Yose said, disqualified well-being offering. But did we not state, “not liable”? They wanted to say, not liable and qualified. They explain it, not liable and disqualified. Rebbi Yasa in the name of Rebbi Joḥanan, the only Pesaḥ which itself is brought as well-being offering is what was lost and found after the owner had fulfilled his obligation. But did we not state, “not liable”? They wanted to say, not liable and qualified. They explain it, not liable and disqualified. Samuel said, in any case where they said that a purification sacrifice is allowed to die, a Pesaḥ will be brought as well-being sacrifice. But did we not state, “not liable”? They wanted to say, not liable and disqualified. They explain it, not liable and qualified.

HALAKHAH: Rebbi Ḥama bar Uqba in the name of Rebbi Yose ben Ḥanina: To publicize him, to make it known that he spoiled it. If he said, I am going to burn it before the citadel on my own wood, one does not listen to him; it is not necessary to note that if he says, I will burn it on my roof on my own wood that one does not listen to him.

Rebbi Ḥama bar Uqba in the name of Rebbi Yose bar Ḥanina: Rebbi Nehemiah and Rebbi Joḥanan ben Beroqa both said the same, as it was stated: “it was burned because of deep mourning? Was it not burned only because of impurity? But it was not burned because of impurity, since if it had been burned because of mourning, all three of them should have been burned. Another opinion, was not Phineas with them? Another opinion, would it not have been permitted to be eaten in the evening?” In the opinion of Rebbi Nehemiah it should be burned but be counted. Rebbi Nehemiah is of the opinion that all three of them were burned. Should not Phineas have eaten? He was not yet appointed {High} Priest. Should not Aaron have eaten in the evening? Rebbi Nehemiah is of the opinion that deeo mourning in the night is from the Torah. Rebbi Jeremiah said, also Rebbi Yose the Galilean is with them. And we have stated there: “A purification sacrifice whose blood was received in two cups, of which one was brought outside; the one inside is qualified. If one of them was brought to the interior, Rebbi Yose the Galilean declares qualified but the Sages declare disqualified. [Rebbi Yose the Galilean said, since in a case where intent disqualifies outside the remainder was not made equal to what was brought outside, in a case where intent does not disqualify in the interior is it not logical that we not make the remainder to what was brought inside? If it was brought into the interior to atone, even if it did not atone it is disqualified, the words of Rebbi Eliezer. Rebbi Simeon says, only if it atones. Rebbi Jehudah says, if it was brought into the interior in error, it remains qualified. Of all disqualified blood which one gave on the altar, the diadem only makes the impure acceptable; for the diadem makes the impure acceptable but not what was brought outside.”] Rebbi Eleazar said, you have to know that for Rebbi Yose the Galilean it is disqualification of the enabler since the other part is outside and it is qualified. You have to know that for the rabbis it is disqualification of the body since it is within its enclosure and it is disqualified. The rabbis explain, since nothing of the blood was brought to the interior, you shall certainly eat it. Therefore if some of the blood had been brought to the interior, you [would have done well] in burning it. Rebbi Yose the Galilean explains, since not all of the blood was brought to the interior, [you shall certainly eat it. Therefore if all of the blood had been brought inside,] you would have done well in burning it. What is the rabbis’ reason? Any purification offering of whose blood was brought; even part of the blood. What is Rebbi Yose the Galilean’s reason? Behold, its blood was not brought inside the Sanctuary. [This fits with] what was stated: Rebbi Yose the Galilean says, the entire matter only speaks of bulls to be burned and goats to be burned, to prohibit eating them and to teach that if they are disqualified they are burned inside the citadel. They asked him, from where that a purification sacrifice becomes disqualified if some of its blood is brought inside? Not from this verse, behold, its blood was not brought inside the Sanctuary? There it does not say of whose blood but all of its blood. An answer to Rebbi Aqiba who was saying, of whose blood, not all of its blood.

Rebbi Yose ben Rebbi Abun in the name of Rebbi Joshua ben Levi: Every day the High Priest dresses in his robes, comes, and sacrifices the daily morning sacrifice. If there are vows or voluntary sacrifices, he offers them. Then he goes to his house, and returns to bring the daily evening sacrifice, and comes to stay overnight in the Palhedrin lodge. Rebbi Uqba in the name of Rebbi Joshua ben Levi: He did this only on Sabbath and holidays.

There are Tannaim who state: the diadem propitiates on his forehead. There are Tannaim who state: even in a corner. He who says, the diadem propitiates on his forehead, it always shall be on his forehead. But he who says, even in a corner, from the Day of Atonement. He who says, the diadem propitiates on his forehead, supports Rebbi Yose ben Rebbi Abun; he who says, even in a corner, supports Rebbi Uqba.

If he lifted half of it, the disagreement between Rebbi Joḥanan and Rebbi Joshua ben Levi, since Rebbi Joḥanan said, if the fistful had been sanctified in a vessel, he did his duty if he burned even a sesame grain’s size of it. Rebbi Joshua ben Levi said, the Mishnah does not say so, only if he burned his fistful in two parts it is qualified. Rebbi Ḥama bar Uqba in the name of Rebbi Joshua ben Levi: A fistful is not less than the volume of two olives, no burning is less than the volume of (a fistful) [an olive]. Rebbi Isaac ben Rebbi Eleazar asked, then a Cohen whose hand could not hold the volume of two olives would be disqualified from the service?

HALAKHAH: Rebbi Ḥama bar Uqba in the name of Rebbi Yose ben Ḥanina: One blows the shofar for the failure of the flax crop. What is the reason? Horrible and execrable things happened in the land. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: One blows the shofar about hot East wind. What is the reason? I went black without sun, I rose in the assembly to pray. Rebbi Eleazar said, honor your healer before you need him. What is the reason? If your prayer had preceded your need, and all efforts of power. Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Joḥanan said, [if you prayed, no one up high will begrudge you, but all will reinforce your power, and all efforts of power. Rebbi Simeon ben Laqish said, if you prayed,] do not keep your mouth narrow, but open your mouth and I shall fill it.

Rebbi Levi in the name of Rebbi Ḥama bar Ḥanina: That year was intercalary. What is the reason? From day to day, and from month to month, to the twelfth month which is the month of Adar. Is the first Adar additional? Is the second Adar additional? What is the difference between them? Rebbi Samuel ben Rav Isaac said, the two lambs of Pentecost are between them. If it was born on the fifteenth of Adar in a non-intercalary year and it enters an intercalary year; if you are saying that the first Adar is additional, it is a long year. If you are saying that the second Adar is additional, it has only up to the fifteenth of the first Adar. Rebbi Ayvo bar Naggari said, a Mishnah states that the first Adar is additional, as we have stated there: “They testified that one may intercalate the year during all of Adar; for there were those who said, until Purim. They testified that one may intercalate the year conditionally.” This implies that the first Adar is additional. If you would say that the second Adar is the addition, it no longer is the year and he intercalates it? Mar Uqba found two letters. In one was written, “it is good in my eyes and the eyes of my colleagues to add thirty days to the year.” And in one it was written, “it is good in my eyes and the eyes of my colleagues to add a month to the year.” He who says “thirty days” implies that the first Adar is additional; he who says “a month” implies that the second Adar is additional. If from there, you cannot infer anything, as Rebbi Jacob bar Aḥa and Rebbi Yudan from Gezur, Rebbi Simon in the name of Rebbi Joshua ben Levi said, forever both months may be augmented. If he augmented the first and did not augment the second, what he did is well done. Always the Adar close to Nisan is defective.

If it spread while in quarantine, Rebbi Joḥanan said, he needs birds. Rebbi Eleazar said, he does not need birds. Rebbi Abba bar Mamal said, a baraita supports Rebbi Joḥanan: “From the sufferer from skin disease; to include one on whom it spread on his entire person that he needs birds. Is that not a logical argument? If a person became pure and the signs of what made him impure are not on him shall need birds, (should not) [is it not logical that] one who became pure and the signs of what made him impure are on him [shall] need birds? [But] the one on whom it was stable for two weeks shall disprove it, since he became pure and the signs of what made him impure are on him, but he does not need birds. So do not wonder if one on whom it spread while in quarantine and the signs of what made him impure are on him does not need birds. The verse says, from the sufferer of skin disease to include one on whom it spread on his entire person that he needs birds.” If you would say that one becoming pure in quarantine does not need birds, should he not have objected that it would have been better to argue spreading against spreadings and not staying stable against spreadings? Rebbi Ḥananiah the colleague of the rabbis: the baraita supports Rebbi Joḥanan since the Tanna answers his colleague, no. If you are saying about this one who never was up to be declared absolute, what can you say about the one who was to be declared absolute? Because he was to be declared absolute, he needs birds. Rebbi Jacob bar Aḥa said, the closing statement supports Rebbi Eleazar. The one becoming pure in quarantine is not liable for torn clothing, and untended hair, and shaving, and birds. All of this is what we are considering here, about spreadings. Rebbi Samuel bar Eudaimon said, all they are disagreeing is about bringing birds. But in the matter of bringing a sacrifice everybody agrees that he does not bring a sacrifice. It was stated thus: On the seventh he has to shave, on the eighth he shall bring; one who needs shaving brings a sacrifice, one who does not need shaving does not bring a sacrifice. Rebbi Ḥama bar Uqba in the name of Rebbi Yose ben Rebbi Ḥanina: All days on which the skin disease is on him he will be impure, one whose impurity is caused by his skin disease. This excludes him whose (purity) [impurity] depends on the count of his days. So far torn clothing and unkempt hair. From where shaving and birds? Rebbi Eleazar the Southerner in the name of Rebbi Shammai: This shall be the doctrine of the sufferer from skin disease on the day. One who may become impure and pure on one day; this excludes one who cannot become impure and pure on one day.

Rebbi Ḥelbo, Rav Ḥama bar Guria in the name of Rav Ḥama bar Uqba in the name of Rebbi Yose ben Ḥanina: Family and family, from here that the watches of priests and Levites will be unoccupied; Rebbi Ḥelbo said, from here that the house of assembly will be empty. Simeon bar Abba in the name of Rebbi Joḥanan, and their remembrance will not disappear from their descendants, from here that the Sages dedicated a Tractate to it.

May one write two or three words from a verse? Mar Uqba sent a letter to the Head of the Diaspora who went to sleep and got up with song: Israel, do not enjoy like the Gentiles. Rebbi Aḥa wrote, the remembrance of the just is a blessing. Rebbi Ze`ura wrote, Joash the King did not remember. Rebbi Jeremiah sent a letter to Rebbi Jehudah Nesia, to hate your lovers, to love your hater. Rebbi Ḥiyya, Rebbi Yasa, and Rebbi Immi judged Tamar. She went and complained about them to the prefect of Sepphoris. They sent and wrote to Rebbi Abbahu, who wrote back to them, (twice) [already] we pacified the three informers, the well born, the well learned, and Tarshish, Eutokos, Eumathes, Thalassios; but the rebellious Tamar remains in her rebellious state; we tried to soften her but in vain did one smelt to refine. Rebbi Mana sent a letter to Rebbi Hoshaia ben Rebbi Shammai, your beginnings were small, your future may be much expanding.

The Greek speakers did not use to do this, but a single person reads the entire portion. If one knew the portion he reads it completely. If of seven persons each one knows three verses, they all read. If one knows three verses he reads them repeatedly. Rebbi Ze`ira in the name of Rav Jeremiah, a slave is counted for the count of seven; “and spoke” is counted as one of three verses. But did not Rebbi Ḥama bar Uqba say in the name of Rebbi Yose ben Rebbi Ḥanina, it is forbidden to teach Torah to one’s slave? Explain it if he learned it by himself or that his master taught him like Tabi.

“The rules of the Sabbath.” Rebbi Jonah said that Rebbi Ḥama bar Uqba asked, is it not written only but a spring, or a cystern, a water pool shall be pure, and you infer from this many rules.

Rebbi Yose ben Rebbi Abun in the name of Rebbi Joshua ben Levi: Every day the High Priest dresses in his robes, comes, and sacrifices the daily morning sacrifice. If there are vows or voluntary sacrifices, he offers them. Then he goes to his house, and returns to bring the daily evening sacrifice, and comes to stay overnight in the Palhedrin lodge. Rebbi Uqba in the name of Rebbi Joshua ben Levi: He did this only on Sabbath and holidays. There are Tannaim who state: the diadem propitiates on his forehead. There are Tannaim who state: even in a corner. He who says, the diadem propitiates on his forehead, it always shall be on his forehead. But he who says, even in a corner, from the Day of Atonement. He who says, the diadem propitiates on his forehead, supports Rebbi Yose ben Rebbi Abun; he who says, even in a corner, supports Rebbi Uqba.

Rebbi Yose ben Rebbi Abun in the name of Rebbi Joshua ben Levi: Every day the High Priest dresses in his robes, comes, and sacrifices the daily morning sacrifice. If there are vows or voluntary sacrifices, he offers them. Then he goes to his house, and returns to bring the daily evening sacrifice, and comes to stay overnight in the Palhedrin lodge. Rebbi Uqba in the name of Rebbi Joshua ben Levi: He did this only on Sabbath and holidays. There are Tannaim who state: the diadem propitiates on his forehead. There are Tannaim who state: even in a corner. He who says, the diadem propitiates on his forehead, it always shall be on his forehead. But he who says, even in a corner, from the Day of Atonement. He who says, the diadem propitiates on his forehead, supports Rebbi Yose ben Rebbi Abun; he who says, even in a corner, supports Rebbi Uqba.

Rebbi Jacob bar Aḥa said, Aqabiah asked Rebbi Simeon ben Laqish who instructed him: 24 months. Rebbi Jeremiah: Aqabiah asked Rebbi Ḥanina who instructed him: 24 months. How? Two cases were there, one in the name of Rebbi Ḥanina and one in the name of Rebbi Simeon ben Laqish. Rebbi Mana instructed: eighteen months, and fasted that entire day. Rebbi Mar Uqba instructed in Arbela: 24 months, even if the baby had died.

Rebbi Abba in the name of Rav Jehudah, Rebbi Ze‘ira in the name of Rav Uqba: One strip-measures only with a rope of 50 cubits. Rebbi Ze‘ira in the name of Rav Ḥisda: One strip-measures neither for the levitic cities nor from the distance for breaking the neck in the wadi. This is acceptable for him who says, 1000 cubits of open space and 2000 cubits of Sabbath domain. But for him who says, 1000 cubits of open space and 2000 cubits of fields and vineyards, did they not learn the Sabbath domain from the levitic cities? For the main thing one does not strip-measure; does one strip-measure for the derivative?

Both Rebbi Jeremiah, Rebbi Ḥama bar Uqba, say in the name of Rebbi Ḥanina in the name of Rebbi Yannai: Rebbi Joshua agrees in the case of the rape victim. Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi Joḥanan: Rebbi Joshua agrees in the case of the rape victim. Rav Ḥiyya bar Ashi said in the name of Rav: Practice follows Rebbi Yose who said in the name of Rebbi Yoḥanan ben Nuri. Rebbi Ze‘ira asked before Rebbi Yasa: How does one act in a practical case? He said to him, following Rebbi Yose who spoke in the name of Rebbi Yoḥanan ben Nuri.

Should one not worry that he might be a slave? This supports what Rebbi Ḥama bar Uqba said in the name of Rebbi Yose ben Rebbi Ḥanina: It is forbidden for a man to teach Torah to his slave. But did not Rebbi Ze‘ira say in the name of Rav Jeremiah: A slave is counted as one of the seven readers; wayedabber is counted as one of three verses! Explain it, if he learned it by himself or his master taught him like Tebi. Should one not worry that he might be a slave? This supports what Rebbi Ḥiyya stated: Women and slaves cannot share in the distribution on the threshing floor, but one gives them the gifts of priesthood and levitic status from the house.

Rebbi Simeon ben Laqish in the name of Rebbi Jehudah ben Ḥananiah: They voted at Usha that a man has to feed his underage children. Rebbi Joḥanan said, we know who participated in that vote. Uqba came before Rebbi Joḥanan who said to him: Uqba, feed your children. He answered, Master, why? He said to him: Evil Uqba, feed your children. Rebbi Ulla said, a Mishnah confirms that a man has to feed his underage children, since we have stated there: “If she is nursing, she has to work less and one adds to her food.”

Rebbi Simeon ben Laqish in the name of Rebbi Jehudah ben Ḥananiah: They voted at Usha that a man has to feed his underage children. Rebbi Joḥanan said, we know who participated in that vote. Uqba came before Rebbi Joḥanan who said to him: Uqba, feed your children. He answered, Master, why? He said to him: Evil Uqba, feed your children. Rebbi Ulla said, a Mishnah confirms that a man has to feed his underage children, since we have stated there: “If she is nursing, she has to work less and one adds to her food.”

Rebbi Simeon ben Laqish in the name of Rebbi Jehudah ben Ḥananiah: They voted at Usha that a man has to feed his underage children. Rebbi Joḥanan said, we know who participated in that vote. Uqba came before Rebbi Joḥanan who said to him: Uqba, feed your children. He answered, Master, why? He said to him: Evil Uqba, feed your children. Rebbi Ulla said, a Mishnah confirms that a man has to feed his underage children, since we have stated there: “If she is nursing, she has to work less and one adds to her food.”

When the time came and they were not definitively married, they eat from his property and [do not] eat heave. If the husbands died, they eat from his property and eat heave. Samuel, the brother of Rebbi Berekhiah, said: Only if the time was up on a Wednesday. What if the time was up on Tuesday or Thursday? Rebbi Ḥama bar Uqba in the name of Rebbi Yose ben Rebbi Ḥanina and Levi: Both say that he is as if the Sages had jailed him. Rebbi Joshua ben Levi said, if the delay is his fault, she is fed from his property.

“And all defects which disqualify a priest disqualify a woman. They added to them for women mouth odor, sweat odor, and a hairless mole.” Rebbi Ammi bar Uqba in the name of Rebbi Yose ben Ḥanina: They taught this about the skin of the face. But did we not state: “When was this said? For hidden defects, but he has no claim about visible defects,” and this is of the visible defects! Explain it if she hid it under her headgear. It was stated: “A mole with hairs is a defect, whether it be large or small, whether it be on the body or on the face. Without a hair it is a defect on the face but not on the body. When has this been said? If it is small. But if it is large, it is a defect whether it be on the body or on the face. How big is large? Rabban Simeon ben Gamliel says, up to an Italic as.” Rebbi Eleazar bar Ḥanina said, for example such a Gordianic denar his measure is half an ubiquitous gold piece. Rebbi Radifa, Rebbi Jonah: Rebbi Jeremiah asked: A bald woman with a row of hair going from one ear to the other? They wanted to understand it from the following: “They added to them for women mouth odor, sweat odor, and a hairless mole.” They did not mention baldness. They wanted to conclude that it is not a defect. There came Rebbi Samuel the son of Rebbi Yose ben Rebbi Abun: Rebbi Nasa said, it is a defect. It is listed only if it is ugly for both sexes. But something which is beautiful in one sex but ugly in the other, like a bald pate, even though it is a defect it was not listed. You should know that this is so because a beard is beautiful for a man and a defect for a woman, and we did not state: In addition, for a woman a beard. There are breasts which are beautyiful for a woman and a defect for men, and we did not state: In addtion, for a man women’s breasts.

HALAKHAH: “I shall be a nazir [abstaining] from dried figs and fig cake,” etc. Rebbi Joḥanan said, the reason of the House of Shammai: because he mentioned the state of nazir. Rebbi Simeon ben Laqish said, because of substitutes of substitutes. Rebbi Jehudah ben Pazi said, a verse supports Rebbi Simeon ben Laqish: “So says the Eternal, as cider is found in the grape bunch, etc.” The Torah called a grape bunch “cider”. And people call a dried fig cider, because of substitutes of substitutes. What is the difference between them? If he said, “I shall be a nazir[abstaining] from dried figs and fig cake.” In Rebbi Joḥanan’s opinion he is a nazir, in Rebbi Simeon’s opinion he is not a nazir. “I shall be a nazir[abstaining] from a loaf of bread,” in Rebbi Joḥanan’s opinion he is a nazir, in Rebbi Simeon ben Laqish’s opinion he is not a nazir. “From a loaf of bread,” he did not say anything. Rebbi Uqba asked before Rebbi Mana: The opinion of Rebbi Simeon ben Laqish seems to be inverted, as we have stated there: “ ‘I take upon myself the obligation to bring a flour offering from barley.’ He shall bring from wheat.” And Rebbi Abbahu said in the name of Rebbi Simeon ben Laqish, because he mentioned “flour offering.” And here, he says so? He accepts one and he accepts the other. He accepts because he mentioned the state of nazir, and he accepts because of substitutes of substitutes. You should know that it is so since we have stated: “If he said, the cow said.” She did not say anything; it is because he mentioned the state of nazir, and here he mentioned the state of nazir.

Rebbi Ḥiyya bar Uqba in the name of Rebbi Yose in the name of Rebbi Ḥanina: The Mishnah speaks of the heirs in priesthood and Levitic status. But concerning the poor, the poor has no inheritance. Bar Qappara stated: No person is immune from this; if not he then his son, if not his son then his grandson. This means, he can change the terms. Can the creditor change the terms? Let us hear from the following: “If somebody lends money to a first rich and then poor person he cannot separate for him, for one does not separate for what was lost and the poor acquired what is in his hand.” This implies that the creditor cannot change the terms.

Rav wrote to Rebbi, who transferred it to the Elder Rebbi Ḥiyya and Rebbi Ḥiyya wrote between the lines. If the orphans sold against the rules, one collects for dowry but one does not collect for sustenance. If they accepted a lien. I do not know what this lien is. Levi stated: Both for a lien made by the father and for a lien made by the son, one collects for dowry but one does not collect for sustenance. Rebbi Abba said, there is no mention of a lien made by the father, only a lien made by the son. If one cannot collect during the father’s lifetime, not so much less after the father’s death? Rebbi Ḥama bar Uqba in the name of Rebbi Yose bar Ḥanina: If the daughters are married, the widow is sustained by them. Rebbi Abba follows his own [opinion] and Rebbi Jehudah follows his own [opinion]. For the sister of Rebbi Yose bar Ḥanina in the name of Rebbi Yose ben Rebbi Ḥaggai: Even if they died, the widow is sustained by them.

“And all defects which disqualify a priest disqualify a woman. They added to them for women mouth odor, sweat odor, and a hairless mole.” Rebbi Ḥamai bar Uqba in the name of Rebbi Yose ben Ḥanina: They taught this about the skin of the face. But did we not state: “When was this said? For hidden defects, but he has no claim about visible defects.” Is this not of the visible defects? Explain it if she hid it under her headgear. It was stated: “A mole with hairs is a defect, whether it be large or small, whether it be on the body or on the face. Without a hair it is a defect on the face but not on the body. When has this been said? If it is small. But if it is large, it is a defect whether it be on the body or on the face. How big is large? Rabban Simeon ben Gamliel says, up to an Italic as.” Rebbi Eleazar bar Ḥanina said, for example such a Gordianic denar: its measure is half a ubiquitous gold piece. Rebbi Radifa, Rebbi Jonah: Rebbi Jeremiah asked: A bald woman with a row of hair going from one ear to the other? They wanted to understand it from the following: “They added to them for women mouth odor, sweat odor, and a hairless mole.” They did not mention baldness. They wanted to conclude that it is not a defect. There came Rebbi Samuel the son of Rebbi Yose ben Rebbi Abun: Rebbi Nasa said, it is a defect. It is listed only if it is ugly for both sexes. But something which is beautiful in one sex but ugly in the other, like a bald pate, even though it is a defect it was not listed. You should know that this is so because a beard is beautiful for a man and a defect for a woman, and we did not state: In addition, for a woman a beard. There are breasts which are beautiful for a woman and a defect for men, and we did not state: In addition, for a man women’s breasts.

Rebbi Yose in the name of Rebbi Pedaiah: Intentionally desecrated Temple property becomes profane without redemption. But did we not state: “In error,” that excludes intention? That you say for the additional fifth and the sacrifice, but profaned it is. Rebbi Ḥama bar Uqba in the name of Rebbi Yose ben Ḥanina: The excluded well-being offerings become profane without redemption. But did we not state: “From the sancta,” not all sancta? That you say for the additional fifth and the sacrifice, but profaned it is.

Rav Sheshet objected: Does not the Mishnah disagree? “You married me preliminarily but he says, I did not marry you preliminarily; he is permitted her relatives but she is forbidden his relatives.” They said, so did it happen: Simeon bar Abba brought a bill of divorce and delivered it in front of one witness. The case came before Rebbi Joḥanan, who said, a single witness in marital matters is nothing. Did not Rebbi Ḥiyya bar Assi in the name of Assi say: a single witness in marital matters is nothing? Rav said, one who performs a preliminary marriage in front of a single witness did not do anything. Samuel said, he who performs a preliminary marriage without prior negotiation is whipped, but the preliminary marriage holds. Mar Uqba in the name of Samuel said three things: He who performs a preliminary marriage without prior negotiation is whipped; one who sleeps with his betrothed in his father-in-law’s house is whipped; one who insults the court bailiff is whipped.

It was stated: “I am selling you a fertile slave girl, her children increase her value. Rabban Simeon ben Gamliel says, this is buttocks.” It is written: “If quarrelling men hit a pregnant woman and she loses her children.” Abba Yose ben Ḥanan said, from the meaning of “and she loses her children” would I not know that she was pregnant? Then why does the verse say “pregnant”? It tells you that he is not liable unless he hits her at the place of her pregnancy. Therefore, if he hit her on the palm of her hand or the sole of her foot, he is not liable. “As the woman’s husband will put on him”. Do I understand, even if the pregnancy is not his? The verse says, “pregnant”. It tells that he pays only to the master of the pregnancy. Rebbi Uqba asked, if somebody sleeps with his mother or his sister, is that one not also the master of the pregnancy? The verse says “husband”, somebody who may be called “husband”. This excludes those who cannot be called “husband”.

“One estimates how much a person in his state would ask to be paid in order to be willing to suffer such pain.” Rebbi Ze‘ira said, one sees a person and asks him, how much would you give that such pain would not be inflicted on you? And what he says, he has to give. Mar Uqba said, the Mishnah is “how much a person would ask to be paid,” and you say so? But one sees a person and asks him, how much would you ask that such pain not be inflicted on you? And what he says, he has to give. Ben Azai said, one gives food invalidity. What is food invalidity? Before that, I was eating lentils and vegetables but now I can only eat eggs and chicken. What he asks one gives him. Rebbi Yose ben Jacob said, a Roman who was sick would not go into battle until he could eat all he had been missing those days.

“But Holy Scripture they should not divide even if both of them want it.” Rebbi Hoshaia said, for example, Psalms and Chronicles. But Psalms and Psalms one may divide. Rebbi Uqba said, even Psalms and Psalms one may not divide. Since one may not divide, each of them comes and reads in the other’s [book].

HALAKHAH: “He who buys two trees on another’s property,” etc. (The words) [In the House of] Rebbi Yannai they said, what sees the shadow is root, what sees the sun is stem. Rebbi Ḥama bar Uqba in the name of Rebbi Yose: What grows from its roots and its stem is root, from its stem but not its roots is tree. Rebbi Joḥanan said, he who buys three trees buys the land in between them, under them, and outside of them the width of the harvester and his bag. Rebbi Eleazar said, while he has no access, he has the width of the harvester and his bag outside of them.

“One writes a sale contract for the seller,” etc. Rebbi Uqba said, it was stated in Ketubot of the school of Levi: If one said, my document was lost, the court writes him a confirmation. It was stated: Rabban Simeon ben Gamliel said, even for documents of arbitration one writes him a confirmation.

HALAKHAH: Slaying you shall slay the inhabitants of that town by the sword, etc. Rebbi Simeon says, its domesticated animal, not first born or tithes found there; its booty, not Temple money or Second Tithe found there. Rebbi Yose ben Ḥanina asked: What is the status of hair of its just women? Let us hear from the following: Rebbi Simeon says, its domesticated animal, not first born or tithes found there; its booty, not Temple money or Second Tithe found there. The sancta of a seduced town, Rebbi Joḥanan said, one cannot commit larceny with them; Rebbi Simeon ben Laqish said, one can commit larceny with them. Rebbi Joḥanan objected to Rebbi Simeon ben Laqish: According to your opinion that one can commit larceny with them, should one not state that “six purification offerings are left to die”? He answered, because in this case even an elevation offering dies. Rebbi Hila in the name of Rebbi Simeon ben Laqish: One can commit larceny with them because of sancta of an apostate. Should they not be sacrificed? Because of the sacrifice of an evildoer is an abomination. Rebbi Uqba said, also in the following they disagree: If a bull was led out to be stoned when its witnesses were found to be perjured, Rebbi Joḥanan said, the first to come acquires it; Rebbi Simeon ben Laqish said, it was false despair. Similarly, if a slave was led out to be executed when its witnesses were found to be perjured, Rebbi Joḥanan said, he acquired himself; Rebbi Simeon ben Laqish said, it was false despair.

Rebbi Abin said, since the householder has many occupations they instituted that the journeyman should swear and collect. [Rebbi Yose ben Rebbi Abun said, there they instituted that the journeyman should swear and collect;] similarly they instituted for the householder that if its deadline had elapsed, he cannot swear and collect. Rebbi Ḥiyya stated, if there are witnesses that he claimed it in time, he swears and collects even after a year. Rebbi Yose said, he has only that single day. Rebbi Jonah said, Rebbi Yose ben Rebbi Ḥanina and Rebbi Simeon ben Laqish disagreed. One said, if he claimed from him during daytime, he has only that day; if in the night he has only that night. But the other said, if he claimed from him and he said, I gave. But if he said, I shall give, the presumption is that he gave. We do not know who said what. Since Rebbi Ḥama bar Uqba said in the name of Rebbi Simeon ben Laqish: if he claimed from him during daytime, he has only that day; if in the night he has only that night, therefore Rebbi Yose ben Rebbi Ḥanina is the one who said, if he claimed from him and he said, I gave. But if he said, I shall give, the presumption is that he gave. Rebbi Mana said, sometimes he claims after its time and it is considered as in time. How is this? He claimed from him and he said to him, did I not say to you that I gave at that date? That date becomes as if it were yesterday; one gives him one measure.

HALAKHAH: “Within three days before Gentile holidays,” etc. Rebbi Ḥama bar Uqba understood all from here: Bring your sacrifices in the morning, on the third day your tithes. Rebbi Yose said to him, if it were so, even in the diasporas. But it was stated, Nahum the Mede said, in the diasporas one day is forbidden. What about this? There, they checked and found that they supplied their needs in one day and forbade them one day. But here they checked and found that they cover their needs in three days and forbade them three days.

“Rebbi Meïr says, it is also forbidden to sell good dates, and curved dates, and Nicolaos dates to Gentiles.” Rebbi Ḥama bar Uqba said, Caryotis. Rebbi Eleazar ben Rebbi Yose said, it is a kind known as ḥaṣda. If somebody transgressed and sold? It will come similar to what Rebbi Eleazar said, if he transgressed and built it is permitted, and here if he transgressed and sold it is permitted.

Rebbi Onias said, Rebbi Ḥama bar Uqba raised a difficulty: If he wanted to deflect him to another subject, he should have removed him to the five indeterminate places in the Torah, which are the following: “gift, cursed, tomorrow, almond shaped, rise”. Behold if you choose well the gift or the gift if you do not choose well. For in their rage they killed a man and by their will castrated a cursed ox or cursed be their rage for it is strong. Moses said to Joshua . . go fight Amaleq tomorrow or tomorrow I shall stand on top of the hill. On the candelabra four cups almond shaped or almond shaped their knobs and their flowers.The Eternal said to Moses, you will lie with your fathers and rise or rise will this people and whore. Rebbi Tanḥuma added the following: Jacob’s sons came from the field when they heard or when they heard the men were offended. Rebbi La said, there are things about which one kisses the mouth, as it is said, may he kiss me with the kisses of his mouth. Rebbi Isaac said, and me did the Eternal command. “Me, and me.” Things were said to me that were said to you. And things were said to me alone.

Rebbi Abba in the name of Rebbi Jehudah, Rebbi Zeˋira in the name of Mar Uqba: One strip-measures only with a rope of 50 cubits. Rebbi Zeˋira in the name of Rav Ḥisda: One strip-measures neither for the Levitic cities nor for the place of breaking the calf’s neck. This would be acceptable for him who says, 1000 cubits of open space and 2000 cubits of Sabbath domain. But for him who says, 1000 cubits of open space and 2000 cubits of fields and vineyards, did they not learn the Sabbath domain from the Levitic cities? For the main thing one does not strip-measure; does one strip-measure for the derivative?