voluntary

It happened that one student came and asked Rebbi Joshua: What is about evening prayer? He said to him: It is voluntary. He asked Rabban Gamliel: What is about evening prayer? He said to him: It is obligatory. He said to him: But Rebbi Joshua told me that it was voluntary. He said to him: Tomorrow, when I enter the assembly hall, stand up and ask me about this practice. The next day, this student stood up and asked Rabban Gamliel: What is about evening prayer? He said to him: It is obligatory. He said to him: But Rebbi Joshua told me that it was voluntary. Rabban Gamliel said to Rebbi Joshua: Are you the one who says it is voluntary? He answered him: No. He said to him: Stand up on your feet so that they may testify against you. Then Rabban Gamliel was sitting down and lecturing while Rebbi Joshua was standing up until the people started talking and said to Rebbi Ḥuṣpit the interpreter: Send the people home. They said to Rebbi Zenon the ḥazan: Start! He said: Start! All the people stood up and said to him: Certainly, on whom did your evil not pass always? They immediately appointed Rebbi Eleazar ben Azariah to the Yeshivah when he was 16 years old; his head became all white. Rebbi Aqiba sat and was sad; he said, not that he is a greater Torah scholar than I am, but he comes from a greater family than I do; hail to the man whose forefathers created merit for him, hail to the man who has a peg to hang on to. What was Rebbi Eleazar ben Azariah’s peg? He was the tenth generation after Ezra. How many seats were there? Rebbi Jacob ben Sisi said: Eighty seats were there of accomplished scholars, not to count those standing behind the railing. Rebbi Yose ben Rebbi Abun said 300 were there, not to count those standing behind the railing. As we have stated there: “On the day Rebbi Eleazar ben Azariah was appointed to the Academy.” There we have stated: “This inference did Rebbi Eleazar ben Azariah present before the Sages at the vineyard of Jabneh.” Was there a vineyard? It means that the scholars sat there in rows like vines in a vineyard. Rabban Gamliel went immediately to pacify each one in his house. He came to Rebbi Joshua and found him occupied with the making of needles. He asked him: This is how you earn your living? He answered him: Until now you did not know? Woe to the generation whose caretaker you are! He said to him: I humble myself before you. They sent a washerman to Rebbi Eleazar ben Azariah, but some say that it was Rebbi Aqiba. He told him: The sprinkler, son of a sprinkler, should sprinkle. Should anyone who is neither a sprinkler nor the son of a sprinkler say to the sprinkler: your water is water from a cave and your ashes are ashes from a fireplace? He said to him: You made your peace with him! I and you shall go in the morning to Rabban Gamliel’s door. Nevertheless they did not remove him from his dignity but made him head of the court.

MISHNAH: The only difference between one who is under a vow {not to have} usufruct from another and one who is under a vow about use of food is passing through his real estate and vessels that cannot be used to prepare food. The only difference between vows and voluntary gifts is that for vows one is responsible if they died or were lost, and for voluntary gifts one is not responsible if they died or were lost.

MISHNAH: The only difference between one who is under a vow {not to have} usufruct from another and one who is under a vow about use of food is passing through his real estate and vessels that cannot be used to prepare food. The only difference between vows and voluntary gifts is that for vows one is responsible if they died or were lost, and for voluntary gifts one is not responsible if they died or were lost.

“What is the vow about which they spoke? He who says, on me is the obligation for an elevation offering. What is the voluntary gift about which they spoke? He who says, this one is for an elevation offering.” Rebbi Ḥama the colleague of the rabbis asked, if he said, “on me is the obligation”, and came back and said, “this one is”? Rebbi Ḥinena asked, would it not be reasonable if he said, “this one is”, and came back and said, “on me is the obligation”? A severe prohibition falls one a simple prohibition but a simple prohibition does not fall on a severe prohibition.

It was stated in the name of Rebbi Simeon: “The community only brings what Scripture fixed for it.” Rebbi Simeon is of the opinion that since when Second Tithe was introduced it was not interrupted. What is between them? Rebbi Abba bar Mamal said, the bull of hidden things is between them. Rebbi Yose says, voluntary offerings of the community are between them. It was stated, both men and women. Rebbi Joḥanan said, there is no woman here, “man” is written in the paragraph. It was stated, also a nazir’s sacrifices. Rebbi Joḥanan said, there are no nazir’s sacrifices here; nazir’s sacrifices are an obligation. It was stated, also libations. Rebbi Yose ben Rebbi Abun said, he who states “libations” does not hold with Rebbi, as it was stated, Rebbi says, I am saying that also after Israel entered the Land, libations only are brought inside. What is the reason? In the Sanctuary pour alcoholic libations to the Eternal. A prohibition is written only for inside; from where for the outside? Let us hear from the following. From where that one who slaughters as Pesah for an individual on a private altar or the public altar in a time where altars are forbidden, that he transgresses a prohibition? The verse says, you may not slaughter the Pesaḥ at one. He is punished with extirpation and you are saying so? Rebbi Simeon ben Laqish said, this is about one who slaughters in the afternoon not for its name in a time when altars are permitted. Then why does he say, in a time when altars are forbidden? In a time when his altar is forbidden. Why not for its name? That you should not say, it is well-being offering and qualified. In addition, from the following: I could think that if he slaughtered it in the afternoon it should be qualified. Why do you have (in the afternoon it should be qualified) [in the morning it should be disqualified]? No. It is not for its name. Rebbi Yose said, this implies that well-being sacrifices brought because of Pesaḥ are qualified on an altar. Would an elevation offering be brought because of a reparation sacrifice be qualified on an altar according to Rebbi Eleazar? Let us hear from the following: “This is the principle: Anything which can be vowed or donated is sacrificed on a private altar; but nothing which cannot be vowed or donated is sacrificed on a private altar.”

HALAKHAH: Rebbi Tanhum bar Ilai in the name of Rebbi Yose ben Ḥanina: So answer the House of Shammai to the House of Hillel: May any obligatory sacrifice come from tithe? They said to them, if it were a weekday, could he not bring one from profane money and add the tithe money? And here he brings one from profane money and adds tithe money. From where that one may add [tithe money]? Rebbi Yose ben Ḥanina said, it is said here measure, and it is said there, for you cannot carry it. Since carrying mentioned there refers to tithe, so also here tithe. Rebbi Eleazar said, it mentions joy here and it mentions joy there. Since joy mentioned there refers to tithe, so also joy mentioned here refers to tithe. Could not all of them be brought from tithe money? Ulla bar Ismael said, it is said here measure and it is said there, the gift for Benjamin exceeded. Since gift which is mentioned there refers to one as principal and the remainder addition, so also here one is principal and the remainder addition. Rebbi Yose ben Rebbi Abun said, are not the voluntary well-being offerings like the well-being offerings of the holiday? Why does he add those verses? To tell you that for them one pushes aside the holiday.

MISHNAH: Israel fulfill their obligation with vows, and voluntary gifts and animal tithe, and the Cohanim with purification sacrifices, and reparation sacrifices, and breast and thigh, and firstlings, but not with birds or cereal sacrifices.

HALAKHAH: The House of Shammai say, irregular leaning-on was permitted. But the House of Hillel say, irregular leaning-on was not permitted. What is irregular leaning-on? From the day before. Rebbi Ze`ira said, everybody agrees that he did not fulfill his obligation regarding the reparation offering of a sufferer from skin disease if he leaned on the day before; he fulfilled his obligation with voluntary well-being offerings for which he leaned on the day before. Where do they disagree? The festival well-being offerings. The House of Shammai treat them like voluntary well-being offerings; the House of Hillel treat them like the reparation offering of a sufferer from skin disease. Rebbi Yasa said, that what you are saying, he did not fulfill his obligation regarding the reparation offering of a sufferer from skin disease if he leaned on the day before, {only} on time. If its time has passed it becomes like holiday well-being offerings.

HALAKHAH: The House of Shammai say, irregular leaning-on was permitted. But the House of Hillel say, irregular leaning-on was not permitted. What is irregular leaning-on? From the day before. Rebbi Ze`ira said, everybody agrees that he did not fulfill his obligation regarding the reparation offering of a sufferer from skin disease if he leaned on the day before; he fulfilled his obligation with voluntary well-being offerings for which he leaned on the day before. Where do they disagree? The festival well-being offerings. The House of Shammai treat them like voluntary well-being offerings; the House of Hillel treat them like the reparation offering of a sufferer from skin disease. Rebbi Yasa said, that what you are saying, he did not fulfill his obligation regarding the reparation offering of a sufferer from skin disease if he leaned on the day before, {only} on time. If its time has passed it becomes like holiday well-being offerings.

“The House of Hillel said to the House of Shammai: Since at a time when I forbid to the private person I am permitting it for Heaven, when it is permitted for the private person is it not logical that it be permitted for Heaven? The House of Shammai said to them, vows and voluntary gifts are proof, since they are permitted to the private person but forbidden to Heaven. The House of Hillel said to them, no. If you are speaking about vows and voluntary gifts which have no fixed time, what does this imply for the festival offering which has a fixed time? The House of Shammai answered them, the festival offering has no fixed time since if he did not offer it on the first day, he may offer it on the second day, if he did not offer it on the second day, he may offer it on the third day. The House of Hillel told them, the festival offering has a fixed time, for if he did not offer it on the holiday of pilgrimage he may not offer it after the holiday. The House of Shammai said to them, is it not already said: only what can be eaten by any person this alone may be made for you? The House of Hillel answered them, is that a proof? For you it may not be made, [but] it is made for Heaven. Abba Shaul says it was based on another reason: Since when your stove is closed down, your Master’s stove is open, when your stove is open it only is logical that your Master’s stove should be open. Another explanation: It is not in order that your table should be full but the table of your (Master) [Creator] be empty.”

“The House of Hillel said to the House of Shammai: Since at a time when I forbid to the private person I am permitting it for Heaven, when it is permitted for the private person is it not logical that it be permitted for Heaven? The House of Shammai said to them, vows and voluntary gifts are proof, since they are permitted to the private person but forbidden to Heaven. The House of Hillel said to them, no. If you are speaking about vows and voluntary gifts which have no fixed time, what does this imply for the festival offering which has a fixed time? The House of Shammai answered them, the festival offering has no fixed time since if he did not offer it on the first day, he may offer it on the second day, if he did not offer it on the second day, he may offer it on the third day. The House of Hillel told them, the festival offering has a fixed time, for if he did not offer it on the holiday of pilgrimage he may not offer it after the holiday. The House of Shammai said to them, is it not already said: only what can be eaten by any person this alone may be made for you? The House of Hillel answered them, is that a proof? For you it may not be made, [but] it is made for Heaven. Abba Shaul says it was based on another reason: Since when your stove is closed down, your Master’s stove is open, when your stove is open it only is logical that your Master’s stove should be open. Another explanation: It is not in order that your table should be full but the table of your (Master) [Creator] be empty.”

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.

We have stated there: “Rebbi Simeon says, a fistful is taken from the sinner’s flour offering of a Cohen. The fistful is sacrificed separately and the rest is sacrificed separately.” Both of them explained the same verse: “It shall be the Cohen’s as a flour offering.” The rabbis say, it is like his voluntary flour offering. Since his voluntary flour offering is brought entire, that one also is brought entire. Rebbi Simeon says, the tenth of an epha of a Cohen is like the tenth of an epha of an Israel. Since a fistful is taken from the tenth of an epha of an Israel, so a fistful is taken from the tenth of an epha of a Cohen. Maybe, since this one is eaten, the other is also eaten? The verse says, “Any flour offering of a Cohen shall be totally burned; it shall not be eaten.” The rest, under which category is it brought, under the rules of a fistful or under the rules of remainders? If you want to say, under the rules of a fistful, one cannot bring them during the night, one cannot bring them after death, and he is forbidden to think about them. If you want to say, under the rules of a remainder, one can bring them during the night, one can bring them after death. Is he forbidden to think about them? Let us hear from the following: Rebbi Eleazar ben Rebbi Simeon says, the fistful is sacrificed separately and the rest dispersed over the ashes. Rebbi Joḥanan asked, where are we holding? If the upper ashes, Rebbi Simeon already said it. If it cannot refer to the upper ashes, let it refer to the lower ashes. That means, one can bring them during the night, one can bring them after death, and he can think about them. Rebbi Yose ben Rebbi Abun said, he is forbidden to think about them since they are not qualified as food either for humans or for the altar. Rebbi Abba bar Mamal asked: Does Rebbi Eleazar ben Rebbi Simeon follow the rules of his father or the rules of the rabbis? According to the rules of his father, it should be brought on top [of the altar]. According to the rules of the rabbis, why should he take a fistful? He follows his father’s rules. Rebbi Simeon says, the tenth of an epha of a Cohen is like the tenth of an epha of an Israel. Since a fistful is taken from the tenth of an epha of an Israel, so a fistful is taken from the tenth of an epha of a Cohen. Maybe, since this one is eaten, the other is also eaten? The verse says, “Any flour offering of a Cohen shall be totally burned; it shall not be eaten.” Then it should be burned totally! You bound it to “it shall not be eaten”; you did not bind it to “it has to be sacrificed in its entirety.”

We have stated there: “Rebbi Simeon says, a fistful is taken from the sinner’s flour offering of a Cohen. The fistful is sacrificed separately and the rest is sacrificed separately.” Both of them explained the same verse: “It shall be the Cohen’s as a flour offering.” The rabbis say, it is like his voluntary flour offering. Since his voluntary flour offering is brought entire, that one also is brought entire. Rebbi Simeon says, the tenth of an epha of a Cohen is like the tenth of an epha of an Israel. Since a fistful is taken from the tenth of an epha of an Israel, so a fistful is taken from the tenth of an epha of a Cohen. Maybe, since this one is eaten, the other is also eaten? The verse says, “Any flour offering of a Cohen shall be totally burned; it shall not be eaten.” The rest, under which category is it brought, under the rules of a fistful or under the rules of remainders? If you want to say, under the rules of a fistful, one cannot bring them during the night, one cannot bring them after death, and he is forbidden to think about them. If you want to say, under the rules of a remainder, one can bring them during the night, one can bring them after death. Is he forbidden to think about them? Let us hear from the following: Rebbi Eleazar ben Rebbi Simeon says, the fistful is sacrificed separately and the rest dispersed over the ashes. Rebbi Joḥanan asked, where are we holding? If the upper ashes, Rebbi Simeon already said it. If it cannot refer to the upper ashes, let it refer to the lower ashes. That means, one can bring them during the night, one can bring them after death, and he can think about them. Rebbi Yose ben Rebbi Abun said, he is forbidden to think about them since they are not qualified as food either for humans or for the altar. Rebbi Abba bar Mamal asked: Does Rebbi Eleazar ben Rebbi Simeon follow the rules of his father or the rules of the rabbis? According to the rules of his father, it should be brought on top [of the altar]. According to the rules of the rabbis, why should he take a fistful? He follows his father’s rules. Rebbi Simeon says, the tenth of an epha of a Cohen is like the tenth of an epha of an Israel. Since a fistful is taken from the tenth of an epha of an Israel, so a fistful is taken from the tenth of an epha of a Cohen. Maybe, since this one is eaten, the other is also eaten? The verse says, “Any flour offering of a Cohen shall be totally burned; it shall not be eaten.” Then it should be burned totally! You bound it to “it shall not be eaten”; you did not bind it to “it has to be sacrificed in its entirety.”

HALAKHAH: Is it counted for him and his shaving? If you would say that it is not counted for him and his shaving, then his sacrifices count for nothing. Rebbi Joḥanan asked: Following Rebbi Simeon, may he shave for his holiday well-being offerings? Is that not the Mishnah? “Rebbi Simeon says, that sacrifice is not counted for him but the others are counted for him.” When he slaughtered them are they not like voluntary well-being offerings? This means that he may shave for voluntary well-being offerings following Rebbi Simeon. Rebbi Yose bar Abun said, Rav Ada bar Aḥawa and Rebbi Joḥanan. For Rav Ada bar Aḥawa it is problematic, but for Rebbi Joḥanan it is obvious.

HALAKHAH: Is it counted for him and his shaving? If you would say that it is not counted for him and his shaving, then his sacrifices count for nothing. Rebbi Joḥanan asked: Following Rebbi Simeon, may he shave for his holiday well-being offerings? Is that not the Mishnah? “Rebbi Simeon says, that sacrifice is not counted for him but the others are counted for him.” When he slaughtered them are they not like voluntary well-being offerings? This means that he may shave for voluntary well-being offerings following Rebbi Simeon. Rebbi Yose bar Abun said, Rav Ada bar Aḥawa and Rebbi Joḥanan. For Rav Ada bar Aḥawa it is problematic, but for Rebbi Joḥanan it is obvious.

MISHNAH: If a person said to two nezirim: I saw one of you becoming impure but I do not know which one of you it was, they bring one sacrifice of impurity and one of purity. One of them says, if I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is yours. Then they count another thirty days and bring one sacrifice of purity; (Mishnah 2) one of them says, if I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was yours, hence this is your sacrifice of purity. If one of them died, Rebbi Joshua said, he should seek out a person from the general public who would make a vow of nazir corresponding to his needs and say: If I was impure, you are a nazir immediately, but if I was pure, you are a nazir after 30 days. They count 30 days and bring one sacrifice of impurity and one of purity (Mishnah 3) and he says: If I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is questionable. Then they count another thirty days, bring one sacrifice of purity (Mishnah 4) and he says: If I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was questionable; hence this is your sacrifice of purity. Ben Zoma said to him, who would accommodate him to make a vow of nazir corresponding to his needs? But he brings a bird as purification offering and an animal as elevation offering and says: If I was impure, the purification offering is for my obligation and the elevation offering is voluntary. But if I was pure, the elevation offering is for my obligation and the purification offering is questionable. Then he counts 30 days and brings one sacrifice (of impurity and one) of purity (Mishnah 5) and says: If I was impure, the first elevation offering was voluntary and the one now is for my obligation. But if I was pure, the first elevation offering was for my obligation and now I am bringing the remainder of my sacrifices. Rebbi Joshua said, then it turns out that he brings his sacrifices piecemeal! But the Sages accepted the words of Ben Zoma.

MISHNAH: If a person said to two nezirim: I saw one of you becoming impure but I do not know which one of you it was, they bring one sacrifice of impurity and one of purity. One of them says, if I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is yours. Then they count another thirty days and bring one sacrifice of purity; (Mishnah 2) one of them says, if I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was yours, hence this is your sacrifice of purity. If one of them died, Rebbi Joshua said, he should seek out a person from the general public who would make a vow of nazir corresponding to his needs and say: If I was impure, you are a nazir immediately, but if I was pure, you are a nazir after 30 days. They count 30 days and bring one sacrifice of impurity and one of purity (Mishnah 3) and he says: If I am impure, the sacrifice of impurity is mine and that of purity is yours; otherwise the sacrifice of purity is mine and that of impurity is questionable. Then they count another thirty days, bring one sacrifice of purity (Mishnah 4) and he says: If I was impure, the sacrifice of impurity was mine and that of purity was yours, hence this is my sacrifice of purity; otherwise the sacrifice of purity was mine and that of impurity was questionable; hence this is your sacrifice of purity. Ben Zoma said to him, who would accommodate him to make a vow of nazir corresponding to his needs? But he brings a bird as purification offering and an animal as elevation offering and says: If I was impure, the purification offering is for my obligation and the elevation offering is voluntary. But if I was pure, the elevation offering is for my obligation and the purification offering is questionable. Then he counts 30 days and brings one sacrifice (of impurity and one) of purity (Mishnah 5) and says: If I was impure, the first elevation offering was voluntary and the one now is for my obligation. But if I was pure, the first elevation offering was for my obligation and now I am bringing the remainder of my sacrifices. Rebbi Joshua said, then it turns out that he brings his sacrifices piecemeal! But the Sages accepted the words of Ben Zoma.

HALAKHAH: Who is doubtfully definitely [suffering]? Two who came to him. He declared one of them definitively affected but before he could declare the second one definitively affected, they were changed for him. That is a doubtfully definitely [suffering person]. This is the one about whom Rebbi Ḥiyya stated: A nazir, in doubt whether impure or pure, but certainly he was a nazir. A sufferer from skin disease, in doubt whether impure or pure, but certainly he was a sufferer from skin disease. He eats from sacrificial meat after 60 days, drinks wine and defiles himself for the dead after 120 days. How is that? One said to him, you are an impure nazir, go count seven [days]. He sprinkled, repeated, shaved, and brought. He then counted seven [days] and wanted to shave. One said to him, impure nazir, go count seven [days] and continue for 30. He counted 30 [days] and wanted to shave. One said to him, you are a pure nazir, does not a pure nazir shave on kinds of blood? He brings an elevation offering and shaves on it, a bird purification offering and stipulates, saying: “If I was impure, the purification offering is my obligation and the elevation offering is voluntary. If I was pure, the elevation offering is my obligation and the purification offering is in doubt.” He shaves his head, his beard, and his eyebrows in the way the sufferer from skin disease shaves.

How does one deal with him in a restrictive way? He brings two swallows and slaughters one of them over a clay vessel filled from running water; one digs und buries it, for it is forbidden for usufruct. He shaves his head, beard, and eyebrows in the way the sufferers from skin disease do. He counts 30 days and brings another animal as elevation offering, saying: “If I was impure, the first elevation offering was voluntary and this one is obligatory, and the purification offering is my obligation. If I was pure, the first elevation offering was my obligation, this one is voluntary, and the purification offering is in doubt.” He shaves his head, his beard, and his eyebrows in the way the sufferer from skin disease shaves.

How does one deal with him in a restrictive way? He brings two swallows and slaughters one of them over a clay vessel filled from running water; one digs und buries it, for it is forbidden for usufruct. He shaves his head, beard, and eyebrows in the way the sufferers from skin disease do. He counts 30 days and brings another animal as elevation offering, saying: “If I was impure, the first elevation offering was voluntary and this one is obligatory, and the purification offering is my obligation. If I was pure, the first elevation offering was my obligation, this one is voluntary, and the purification offering is in doubt.” He shaves his head, his beard, and his eyebrows in the way the sufferer from skin disease shaves.

He counts another 30 days and brings all his sacrifices, stipulates, and says: If I was impure, the first elevation offering was obligatory and this one is voluntary. But if I was pure, the first elevation offering was voluntary and this one is obligatory. The purification offering is in doubt. He shaves his head, beard, and eyebrows, etc..

He counts another 30 days and brings all his sacrifices, stipulates, and says: If I was impure, the first elevation offering was obligatory and this one is voluntary. But if I was pure, the first elevation offering was voluntary and this one is obligatory. The purification offering is in doubt. He shaves his head, beard, and eyebrows, etc..

How does one treat him according to Ben Zoma? He brings an animal elevation offering and shaves for it, a bird as purification offering, stipulates, and says: “If I was impure, the purification offering is for my obligation and the elevation offering is voluntary. If I was pure, the elevation offering is for my obligation and the purification offering is in doubt.” He shaves his head, beard, and eyebrows, etc.

Does the obligatory shaving push aside the rules of voluntary shaving? Let us hear from the following: “He shaves his head, his beard, and his eyebrows in the way sufferers from skin disease shave.” But there one could say, maybe it was an obligatory shaving. Rebbi Ze‘ira in the name of Rebbi Yudan: The Mishnah says so; “for Rebbi Simeon says, when one of the bloods was sprinkled, the nazir is permitted to drink wine and to defile himself with the dead.” Is he not forbidden because of “do not destroy”? Samuel bar Abba said, explain it if he was a eunuch. But did we not state “the beard”? How can you say, a eunuch? You have only what Rebbi Jacob said in the name of Rebbi Joḥanan: If he removed it from bottom to top it is forbidden. Rebbi Yose bar Abin said, there is no difference between bottom to top or top to bottom.

HALAKHAH: “Gentiles cannot vow as nazir,” etc. Israelites can vow as nazir, Gentiles cannot vow as nazir. Since you say, “a man”, why does the verse mention “a man”? To include Gentiles, who make vows and offer voluntary gifts like Israelites! Why should one not say the same here? There is a difference, for it is written “He shall atone for him.” This refers to one to whom atonement applies. It excludes Gentiles, to whom atonement does not apply.

Rebbi Eleazar said: The Passover sacrifice of women is voluntary but one pushes the Sabbath away for it. Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar: The Passover sacrifice by women and slaves is voluntary; certainly one does push the Sabbath away for it. What is their maẓẓah? He said to him, it is obligatory. Rebbi Ze‘ira said, this is in dispute. Rebbi Hila said, it is everybody’s [opinion]. A baraita supports the one and a baraita supports the other. A baraita supports Rebbi Ze‘ira: Lettuce, maẓẓah and Passover sacrifice are obligatory in the first night; on all other days they are voluntary. A baraita supports Rebbi Hila: It was said: “Do not eat leavened matter with it,” and it was said: “For seven days you shall eat with it maẓẓot, the bread of deprivation’.” Anybody under the prohibition of leavened matter is under the obligation to eat maẓẓah, and women, being under the prohibition of leavened matter, are under the obligation to eat maẓẓah. But did we not state: “For any positive commandment triggered by time, men are obligated but women are free”? Rebby Mana said, it is a positive commandment which is implied by a prohibition.

Rebbi Eleazar said: The Passover sacrifice of women is voluntary but one pushes the Sabbath away for it. Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar: The Passover sacrifice by women and slaves is voluntary; certainly one does push the Sabbath away for it. What is their maẓẓah? He said to him, it is obligatory. Rebbi Ze‘ira said, this is in dispute. Rebbi Hila said, it is everybody’s [opinion]. A baraita supports the one and a baraita supports the other. A baraita supports Rebbi Ze‘ira: Lettuce, maẓẓah and Passover sacrifice are obligatory in the first night; on all other days they are voluntary. A baraita supports Rebbi Hila: It was said: “Do not eat leavened matter with it,” and it was said: “For seven days you shall eat with it maẓẓot, the bread of deprivation’.” Anybody under the prohibition of leavened matter is under the obligation to eat maẓẓah, and women, being under the prohibition of leavened matter, are under the obligation to eat maẓẓah. But did we not state: “For any positive commandment triggered by time, men are obligated but women are free”? Rebby Mana said, it is a positive commandment which is implied by a prohibition.

Rebbi Eleazar said: The Passover sacrifice of women is voluntary but one pushes the Sabbath away for it. Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar: The Passover sacrifice by women and slaves is voluntary; certainly one does push the Sabbath away for it. What is their maẓẓah? He said to him, it is obligatory. Rebbi Ze‘ira said, this is in dispute. Rebbi Hila said, it is everybody’s [opinion]. A baraita supports the one and a baraita supports the other. A baraita supports Rebbi Ze‘ira: Lettuce, maẓẓah and Passover sacrifice are obligatory in the first night; on all other days they are voluntary. A baraita supports Rebbi Hila: It was said: “Do not eat leavened matter with it,” and it was said: “For seven days you shall eat with it maẓẓot, the bread of deprivation’.” Anybody under the prohibition of leavened matter is under the obligation to eat maẓẓah, and women, being under the prohibition of leavened matter, are under the obligation to eat maẓẓah. But did we not state: “For any positive commandment triggered by time, men are obligated but women are free”? Rebby Mana said, it is a positive commandment which is implied by a prohibition.

Does it follow him who says the Pesaḥ of women is voluntary? It was stated: “A woman may make the First Pesaḥ by herself and the Second joining others, the words of Rebbi Meïr. Rebbi Yose says, a woman may make the Second Pesaḥ by herself, and certainly the First. Rebbi Eleazar ben Rebbi Simeon says, a woman may make the First Pesaḥ joining others but does not make the Second.” What is the reason of Rebbi Meïr? (Ex. 12:3) “Every man a sheep for the family,” if they want “a sheep for the house.” What is the reason of Rebbi Yose, “Every man a sheep for the family,” a fortiori “a sheep for the house.” What is the reason of Rebbi Eleazar ben Rebbi Simeon? “Every man”, not woman. How do the rabbis uphold “man”? A man, not a minor. Rebbi Jonah said, even according to him who says it is an obligation, it is different here since the occasion was news, lest it become an obligation.

MISHNAH: One who robbed from a proselyte, swore to him, and [the proselyte] died, has to pay the capital and the fifth to the priests and the reparation offering to the altar as it is said: “If the man has no heirs to give the reparation to, the reparation etc.” If he was bringing the money and the reparation offering when he died, the money should be given to his sons and the reparation offering shall graze until it becomes disqualified, then be sold, and the amount be given for voluntary offerings. If he had given the money to the men of the watch when he died, the heirs cannot ask it back from them since it is said: “What a man give to a Cohen shall be the latter’s.”

MISHNAH: If he threw the stone into his own courtyard and it killed, if the person damaged had the right to enter there, he is exiled, but if not, he is not exiled, as it is said, if somebody goes with another to a forest. Since the forest is a place where the person injured and the one causing the injury both may enter, this excludes a private courtyard where the person injured and the one causing the injury may not enter together. Abba Shaul says, since cutting down trees is a voluntary act, this excludes a father who hits his son, a teacher who disciplines his student, and the court bailiff.

MISHNAH: Where are they exiled to? To the cities of refuge. To the three in Transjordan and the three in the Land of Canaan, as it is said: Three cities you shall designate in Transjordan, etc. As long as those in the Land of Israel had not been selected, those in Transjordan were not receiving, as it is said, there shall be six cities of refuge, not until all six were receiving together. Roads were maintained from one to the other, as it is said: Maintain the road for yourselves, and divide the domain of your Land into three parts. One sends with them two scholars lest he kill him on the road, to argue with him. Rebbi Meïr says, he may argue for himself as it is said, this is the word of the homicide. Rebbi Yose ben Rebbi Jehudah says, at the start both the involuntary and the voluntary [homicide] go to the city of refuge; the court sends and brings them back from there. If one is found guilty by a death sentence, they execute him. If he is found not guilty in a capital case, he is freed. If he is found guilty to be exiled they return him to his place as it is said, the community shall return him to his city of refuge. Not only a [High Priest] anointed with the anointing oil, but also one wearing the many vestments, and one deposed from his office. Rebbi Jehudah says, also the one anointed for war returns the homicide. Therefore, the mothers of the [High] Priests support them with food and clothing, so they should not pray for the death of their sons. If sentence had been passed when the High Priest died, he is not exiled. If sentence had not yet been passed when the High Priest died, and sentence was passed after a successor had been appointed, he returns after the death of the second. If sentence was passed when there was no High Priest, or one who killed a High Priest, or a High Priest who killed, can never leave from there. He cannot leave from there, neither for a testimony of obligation, nor a testimony in a civil suit, nor a testimony in a criminal suit, not even if Israel needs him like Joab ben Ṣeruya, he cannot ever leave from there, as it is said there. There shall be his dwelling, there he shall die, there he shall be buried. Just as the city grants asylum, so does its domain grant asylum. If a murderer left the domain and was found by the avenger of the blood, Rebbi Yose the Galilean says, it is the obligation of the avenger of the blood and the right of everybody. Rebbi Aqiba says, it is the right of the avenger of the blood and nobody would be liable because of him. If a tree stands inside the domain but its crown is outside the domain, or the tree stands outside the domain but its crown is inside the domain, everything follows the crown. If somebody killed in one of these cities, he is exiled from quarter to quarter; but a Levite who killed is exiled from one city to another. Similarly, a homicide exiled to a city of refuge whom the citizens of the town wanted to honor, should say to them, I am a homicide. If they tell him, anyway, he should accept, for it is said, this is the word of a homicide.

HALAKHAH: “They are not liable for hearing the sound of an imprecation,” etc. Rebbi Joḥanan said, the reason of Rebbi Yose the Galilean is, if he is poor and cannot afford it. Somebody who is apt to fall into poverty; this excludes the Anointed who is not apt to fall into poverty. [ They objected: There is the prince who is not apt to fall into poverty.] Rebbi Simeon ben Laqish said, it shall be if he becomes guilty of any of these. He who can be liable for all of them is liable for part of them; but one who cannot be liable for all of them is not liable for part of them. Rebbi Isaac asked: Then he should not become impure by skin disease since he is not apt (easily and then) [to fall] into poverty or the deepest of poverty. Rav Hoshaia asked: Then a woman should not be liable for entering the Temple. Does the woman not bring? Rebbi Yose in the name of Rebbi Joḥanan: The reason of Rebbi Aqiba, this is the offering of Aaron and his sons. This one he brings; he does not bring another tenth of an ephah. Rebbi Zeˋira asked before Rebbi Yasa may he not bring a voluntary offering? He told him, yes. He does not bring an obligatory one; he may bring a voluntary one.

HALAKHAH: “They are not liable for hearing the sound of an imprecation,” etc. Rebbi Joḥanan said, the reason of Rebbi Yose the Galilean is, if he is poor and cannot afford it. Somebody who is apt to fall into poverty; this excludes the Anointed who is not apt to fall into poverty. [ They objected: There is the prince who is not apt to fall into poverty.] Rebbi Simeon ben Laqish said, it shall be if he becomes guilty of any of these. He who can be liable for all of them is liable for part of them; but one who cannot be liable for all of them is not liable for part of them. Rebbi Isaac asked: Then he should not become impure by skin disease since he is not apt (easily and then) [to fall] into poverty or the deepest of poverty. Rav Hoshaia asked: Then a woman should not be liable for entering the Temple. Does the woman not bring? Rebbi Yose in the name of Rebbi Joḥanan: The reason of Rebbi Aqiba, this is the offering of Aaron and his sons. This one he brings; he does not bring another tenth of an ephah. Rebbi Zeˋira asked before Rebbi Yasa may he not bring a voluntary offering? He told him, yes. He does not bring an obligatory one; he may bring a voluntary one.

Does Rebbi Joḥanan agree that if the first one was still in existence it is pushed aside? What should be done with it? Rebbi Yasa said, it is suspended for atonement. Therefore Rebbi Yose ben Rebbi Abun discussed it. If he ate five times the volume of an olive; the first became known to him and he brought a sacrifice. The second, and he brought a sacrifice. The third, and he offered a sacrifice. The fourth, and he offered a sacrifice. The fifth, and he offered a sacrifice. Rebbi Joḥanan said, his sin is atoned for by the first which precedes the eating of all of them; the remainder shall fall to voluntary offerings. Rebbi Simeon ben Laqish said, his sin is atoned for by the last which follows the eating of all of them; the others shall be set aside. Rav Ḥisda and Rav Hamnuna. Rav Ḥisda like Rebbi Joḥanan; Rav Hamnuna like Rebbi Simeon ben Laqish. Rav Ḥisda remarked to Rav Hamnuna, there is a Mishnah which seems to support you and disagrees with me: “If there was awareness in between, just as he brings a purification sacrifice for each single one, so he brings a suspended reparation sacrifice for each single one.” If he had stated the reparation sacrifice and stopped! Rebbi Ḥinena said, even so, for all eventualities you may say so.

HALAKHAH: “Anything which is more frequent than another,” etc. [“If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull”,] for one is atoning, the other is being atoned for. It is preferable that the atoner precede the atoned for, as it is written, he shall atone for himself, and for his house, and for all the congregation of Israel. Between a voluntary gift of the Anointed and a voluntary gift of the prince, the voluntary gift of the Anointed has precedence. Between a voluntary gift of the community and a voluntary gift of the prince, the voluntary gift of the prince has precedence. Between a voluntary gift of the Anointed and a voluntary gift of the community, which one has precedence? Let us hear from the following: A voluntary gift of the Anointed and rams of idolatry were standing. The rams of idolatry have precedence since their blood enters inside. He only said “since their blood enters inside;” this implies that between a voluntary gift of the Anointed and a voluntary gift of the community, the voluntary gift of the Anointed has precedence. If there were standing the bull of idolatry, the ram which accompanies it, and another purification sacrifice. The bull precedes the ram, the ram precedes the other purification sacrifice, and the other purification sacrifice precedes the bull. How is this done? Rebbi Yose said, since the ram is dependent in time on the bull, it is as if the bull preceded it, and the other purification sacrifice precedes the bull. The bull of idolatry precedes the ram because it precedes in Scripture. Rebbi Samuel the brother of Rebbi Berekhiah asked: But then that of the New Moon should precede the ram which comes with it because it precedes [in Scripture.] Rebbi Abba Mari said, you cannot do this; its purification sacrifice is defective: After the permanent elevation offering it shall be made, with its libation; it made it lean on the permanent elevation offering. Between the sacrifice of a man and the sacrifice of a woman, the man’s sacrifice has precedence. That is, if both were equal. But if one was a bull and the other a lamb, it is what Rebbi Phineas said in the name of Rebbi Hoshaia: A slave brings a bull and his master brings a bull, the slave’s precedes the master’s, as we have stated there: “If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull in all its ceremonies.”

HALAKHAH: “Anything which is more frequent than another,” etc. [“If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull”,] for one is atoning, the other is being atoned for. It is preferable that the atoner precede the atoned for, as it is written, he shall atone for himself, and for his house, and for all the congregation of Israel. Between a voluntary gift of the Anointed and a voluntary gift of the prince, the voluntary gift of the Anointed has precedence. Between a voluntary gift of the community and a voluntary gift of the prince, the voluntary gift of the prince has precedence. Between a voluntary gift of the Anointed and a voluntary gift of the community, which one has precedence? Let us hear from the following: A voluntary gift of the Anointed and rams of idolatry were standing. The rams of idolatry have precedence since their blood enters inside. He only said “since their blood enters inside;” this implies that between a voluntary gift of the Anointed and a voluntary gift of the community, the voluntary gift of the Anointed has precedence. If there were standing the bull of idolatry, the ram which accompanies it, and another purification sacrifice. The bull precedes the ram, the ram precedes the other purification sacrifice, and the other purification sacrifice precedes the bull. How is this done? Rebbi Yose said, since the ram is dependent in time on the bull, it is as if the bull preceded it, and the other purification sacrifice precedes the bull. The bull of idolatry precedes the ram because it precedes in Scripture. Rebbi Samuel the brother of Rebbi Berekhiah asked: But then that of the New Moon should precede the ram which comes with it because it precedes [in Scripture.] Rebbi Abba Mari said, you cannot do this; its purification sacrifice is defective: After the permanent elevation offering it shall be made, with its libation; it made it lean on the permanent elevation offering. Between the sacrifice of a man and the sacrifice of a woman, the man’s sacrifice has precedence. That is, if both were equal. But if one was a bull and the other a lamb, it is what Rebbi Phineas said in the name of Rebbi Hoshaia: A slave brings a bull and his master brings a bull, the slave’s precedes the master’s, as we have stated there: “If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull in all its ceremonies.”

HALAKHAH: “Anything which is more frequent than another,” etc. [“If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull”,] for one is atoning, the other is being atoned for. It is preferable that the atoner precede the atoned for, as it is written, he shall atone for himself, and for his house, and for all the congregation of Israel. Between a voluntary gift of the Anointed and a voluntary gift of the prince, the voluntary gift of the Anointed has precedence. Between a voluntary gift of the community and a voluntary gift of the prince, the voluntary gift of the prince has precedence. Between a voluntary gift of the Anointed and a voluntary gift of the community, which one has precedence? Let us hear from the following: A voluntary gift of the Anointed and rams of idolatry were standing. The rams of idolatry have precedence since their blood enters inside. He only said “since their blood enters inside;” this implies that between a voluntary gift of the Anointed and a voluntary gift of the community, the voluntary gift of the Anointed has precedence. If there were standing the bull of idolatry, the ram which accompanies it, and another purification sacrifice. The bull precedes the ram, the ram precedes the other purification sacrifice, and the other purification sacrifice precedes the bull. How is this done? Rebbi Yose said, since the ram is dependent in time on the bull, it is as if the bull preceded it, and the other purification sacrifice precedes the bull. The bull of idolatry precedes the ram because it precedes in Scripture. Rebbi Samuel the brother of Rebbi Berekhiah asked: But then that of the New Moon should precede the ram which comes with it because it precedes [in Scripture.] Rebbi Abba Mari said, you cannot do this; its purification sacrifice is defective: After the permanent elevation offering it shall be made, with its libation; it made it lean on the permanent elevation offering. Between the sacrifice of a man and the sacrifice of a woman, the man’s sacrifice has precedence. That is, if both were equal. But if one was a bull and the other a lamb, it is what Rebbi Phineas said in the name of Rebbi Hoshaia: A slave brings a bull and his master brings a bull, the slave’s precedes the master’s, as we have stated there: “If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull in all its ceremonies.”

HALAKHAH: “Anything which is more frequent than another,” etc. [“If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull”,] for one is atoning, the other is being atoned for. It is preferable that the atoner precede the atoned for, as it is written, he shall atone for himself, and for his house, and for all the congregation of Israel. Between a voluntary gift of the Anointed and a voluntary gift of the prince, the voluntary gift of the Anointed has precedence. Between a voluntary gift of the community and a voluntary gift of the prince, the voluntary gift of the prince has precedence. Between a voluntary gift of the Anointed and a voluntary gift of the community, which one has precedence? Let us hear from the following: A voluntary gift of the Anointed and rams of idolatry were standing. The rams of idolatry have precedence since their blood enters inside. He only said “since their blood enters inside;” this implies that between a voluntary gift of the Anointed and a voluntary gift of the community, the voluntary gift of the Anointed has precedence. If there were standing the bull of idolatry, the ram which accompanies it, and another purification sacrifice. The bull precedes the ram, the ram precedes the other purification sacrifice, and the other purification sacrifice precedes the bull. How is this done? Rebbi Yose said, since the ram is dependent in time on the bull, it is as if the bull preceded it, and the other purification sacrifice precedes the bull. The bull of idolatry precedes the ram because it precedes in Scripture. Rebbi Samuel the brother of Rebbi Berekhiah asked: But then that of the New Moon should precede the ram which comes with it because it precedes [in Scripture.] Rebbi Abba Mari said, you cannot do this; its purification sacrifice is defective: After the permanent elevation offering it shall be made, with its libation; it made it lean on the permanent elevation offering. Between the sacrifice of a man and the sacrifice of a woman, the man’s sacrifice has precedence. That is, if both were equal. But if one was a bull and the other a lamb, it is what Rebbi Phineas said in the name of Rebbi Hoshaia: A slave brings a bull and his master brings a bull, the slave’s precedes the master’s, as we have stated there: “If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull in all its ceremonies.”

HALAKHAH: “Anything which is more frequent than another,” etc. [“If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull”,] for one is atoning, the other is being atoned for. It is preferable that the atoner precede the atoned for, as it is written, he shall atone for himself, and for his house, and for all the congregation of Israel. Between a voluntary gift of the Anointed and a voluntary gift of the prince, the voluntary gift of the Anointed has precedence. Between a voluntary gift of the community and a voluntary gift of the prince, the voluntary gift of the prince has precedence. Between a voluntary gift of the Anointed and a voluntary gift of the community, which one has precedence? Let us hear from the following: A voluntary gift of the Anointed and rams of idolatry were standing. The rams of idolatry have precedence since their blood enters inside. He only said “since their blood enters inside;” this implies that between a voluntary gift of the Anointed and a voluntary gift of the community, the voluntary gift of the Anointed has precedence. If there were standing the bull of idolatry, the ram which accompanies it, and another purification sacrifice. The bull precedes the ram, the ram precedes the other purification sacrifice, and the other purification sacrifice precedes the bull. How is this done? Rebbi Yose said, since the ram is dependent in time on the bull, it is as if the bull preceded it, and the other purification sacrifice precedes the bull. The bull of idolatry precedes the ram because it precedes in Scripture. Rebbi Samuel the brother of Rebbi Berekhiah asked: But then that of the New Moon should precede the ram which comes with it because it precedes [in Scripture.] Rebbi Abba Mari said, you cannot do this; its purification sacrifice is defective: After the permanent elevation offering it shall be made, with its libation; it made it lean on the permanent elevation offering. Between the sacrifice of a man and the sacrifice of a woman, the man’s sacrifice has precedence. That is, if both were equal. But if one was a bull and the other a lamb, it is what Rebbi Phineas said in the name of Rebbi Hoshaia: A slave brings a bull and his master brings a bull, the slave’s precedes the master’s, as we have stated there: “If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull in all its ceremonies.”

HALAKHAH: “Anything which is more frequent than another,” etc. [“If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull”,] for one is atoning, the other is being atoned for. It is preferable that the atoner precede the atoned for, as it is written, he shall atone for himself, and for his house, and for all the congregation of Israel. Between a voluntary gift of the Anointed and a voluntary gift of the prince, the voluntary gift of the Anointed has precedence. Between a voluntary gift of the community and a voluntary gift of the prince, the voluntary gift of the prince has precedence. Between a voluntary gift of the Anointed and a voluntary gift of the community, which one has precedence? Let us hear from the following: A voluntary gift of the Anointed and rams of idolatry were standing. The rams of idolatry have precedence since their blood enters inside. He only said “since their blood enters inside;” this implies that between a voluntary gift of the Anointed and a voluntary gift of the community, the voluntary gift of the Anointed has precedence. If there were standing the bull of idolatry, the ram which accompanies it, and another purification sacrifice. The bull precedes the ram, the ram precedes the other purification sacrifice, and the other purification sacrifice precedes the bull. How is this done? Rebbi Yose said, since the ram is dependent in time on the bull, it is as if the bull preceded it, and the other purification sacrifice precedes the bull. The bull of idolatry precedes the ram because it precedes in Scripture. Rebbi Samuel the brother of Rebbi Berekhiah asked: But then that of the New Moon should precede the ram which comes with it because it precedes [in Scripture.] Rebbi Abba Mari said, you cannot do this; its purification sacrifice is defective: After the permanent elevation offering it shall be made, with its libation; it made it lean on the permanent elevation offering. Between the sacrifice of a man and the sacrifice of a woman, the man’s sacrifice has precedence. That is, if both were equal. But if one was a bull and the other a lamb, it is what Rebbi Phineas said in the name of Rebbi Hoshaia: A slave brings a bull and his master brings a bull, the slave’s precedes the master’s, as we have stated there: “If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull in all its ceremonies.”

HALAKHAH: “Anything which is more frequent than another,” etc. [“If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull”,] for one is atoning, the other is being atoned for. It is preferable that the atoner precede the atoned for, as it is written, he shall atone for himself, and for his house, and for all the congregation of Israel. Between a voluntary gift of the Anointed and a voluntary gift of the prince, the voluntary gift of the Anointed has precedence. Between a voluntary gift of the community and a voluntary gift of the prince, the voluntary gift of the prince has precedence. Between a voluntary gift of the Anointed and a voluntary gift of the community, which one has precedence? Let us hear from the following: A voluntary gift of the Anointed and rams of idolatry were standing. The rams of idolatry have precedence since their blood enters inside. He only said “since their blood enters inside;” this implies that between a voluntary gift of the Anointed and a voluntary gift of the community, the voluntary gift of the Anointed has precedence. If there were standing the bull of idolatry, the ram which accompanies it, and another purification sacrifice. The bull precedes the ram, the ram precedes the other purification sacrifice, and the other purification sacrifice precedes the bull. How is this done? Rebbi Yose said, since the ram is dependent in time on the bull, it is as if the bull preceded it, and the other purification sacrifice precedes the bull. The bull of idolatry precedes the ram because it precedes in Scripture. Rebbi Samuel the brother of Rebbi Berekhiah asked: But then that of the New Moon should precede the ram which comes with it because it precedes [in Scripture.] Rebbi Abba Mari said, you cannot do this; its purification sacrifice is defective: After the permanent elevation offering it shall be made, with its libation; it made it lean on the permanent elevation offering. Between the sacrifice of a man and the sacrifice of a woman, the man’s sacrifice has precedence. That is, if both were equal. But if one was a bull and the other a lamb, it is what Rebbi Phineas said in the name of Rebbi Hoshaia: A slave brings a bull and his master brings a bull, the slave’s precedes the master’s, as we have stated there: “If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull in all its ceremonies.”

HALAKHAH: “Anything which is more frequent than another,” etc. [“If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull”,] for one is atoning, the other is being atoned for. It is preferable that the atoner precede the atoned for, as it is written, he shall atone for himself, and for his house, and for all the congregation of Israel. Between a voluntary gift of the Anointed and a voluntary gift of the prince, the voluntary gift of the Anointed has precedence. Between a voluntary gift of the community and a voluntary gift of the prince, the voluntary gift of the prince has precedence. Between a voluntary gift of the Anointed and a voluntary gift of the community, which one has precedence? Let us hear from the following: A voluntary gift of the Anointed and rams of idolatry were standing. The rams of idolatry have precedence since their blood enters inside. He only said “since their blood enters inside;” this implies that between a voluntary gift of the Anointed and a voluntary gift of the community, the voluntary gift of the Anointed has precedence. If there were standing the bull of idolatry, the ram which accompanies it, and another purification sacrifice. The bull precedes the ram, the ram precedes the other purification sacrifice, and the other purification sacrifice precedes the bull. How is this done? Rebbi Yose said, since the ram is dependent in time on the bull, it is as if the bull preceded it, and the other purification sacrifice precedes the bull. The bull of idolatry precedes the ram because it precedes in Scripture. Rebbi Samuel the brother of Rebbi Berekhiah asked: But then that of the New Moon should precede the ram which comes with it because it precedes [in Scripture.] Rebbi Abba Mari said, you cannot do this; its purification sacrifice is defective: After the permanent elevation offering it shall be made, with its libation; it made it lean on the permanent elevation offering. Between the sacrifice of a man and the sacrifice of a woman, the man’s sacrifice has precedence. That is, if both were equal. But if one was a bull and the other a lamb, it is what Rebbi Phineas said in the name of Rebbi Hoshaia: A slave brings a bull and his master brings a bull, the slave’s precedes the master’s, as we have stated there: “If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull in all its ceremonies.”

HALAKHAH: “Anything which is more frequent than another,” etc. [“If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull”,] for one is atoning, the other is being atoned for. It is preferable that the atoner precede the atoned for, as it is written, he shall atone for himself, and for his house, and for all the congregation of Israel. Between a voluntary gift of the Anointed and a voluntary gift of the prince, the voluntary gift of the Anointed has precedence. Between a voluntary gift of the community and a voluntary gift of the prince, the voluntary gift of the prince has precedence. Between a voluntary gift of the Anointed and a voluntary gift of the community, which one has precedence? Let us hear from the following: A voluntary gift of the Anointed and rams of idolatry were standing. The rams of idolatry have precedence since their blood enters inside. He only said “since their blood enters inside;” this implies that between a voluntary gift of the Anointed and a voluntary gift of the community, the voluntary gift of the Anointed has precedence. If there were standing the bull of idolatry, the ram which accompanies it, and another purification sacrifice. The bull precedes the ram, the ram precedes the other purification sacrifice, and the other purification sacrifice precedes the bull. How is this done? Rebbi Yose said, since the ram is dependent in time on the bull, it is as if the bull preceded it, and the other purification sacrifice precedes the bull. The bull of idolatry precedes the ram because it precedes in Scripture. Rebbi Samuel the brother of Rebbi Berekhiah asked: But then that of the New Moon should precede the ram which comes with it because it precedes [in Scripture.] Rebbi Abba Mari said, you cannot do this; its purification sacrifice is defective: After the permanent elevation offering it shall be made, with its libation; it made it lean on the permanent elevation offering. Between the sacrifice of a man and the sacrifice of a woman, the man’s sacrifice has precedence. That is, if both were equal. But if one was a bull and the other a lamb, it is what Rebbi Phineas said in the name of Rebbi Hoshaia: A slave brings a bull and his master brings a bull, the slave’s precedes the master’s, as we have stated there: “If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull in all its ceremonies.”

HALAKHAH: “Anything which is more frequent than another,” etc. [“If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull”,] for one is atoning, the other is being atoned for. It is preferable that the atoner precede the atoned for, as it is written, he shall atone for himself, and for his house, and for all the congregation of Israel. Between a voluntary gift of the Anointed and a voluntary gift of the prince, the voluntary gift of the Anointed has precedence. Between a voluntary gift of the community and a voluntary gift of the prince, the voluntary gift of the prince has precedence. Between a voluntary gift of the Anointed and a voluntary gift of the community, which one has precedence? Let us hear from the following: A voluntary gift of the Anointed and rams of idolatry were standing. The rams of idolatry have precedence since their blood enters inside. He only said “since their blood enters inside;” this implies that between a voluntary gift of the Anointed and a voluntary gift of the community, the voluntary gift of the Anointed has precedence. If there were standing the bull of idolatry, the ram which accompanies it, and another purification sacrifice. The bull precedes the ram, the ram precedes the other purification sacrifice, and the other purification sacrifice precedes the bull. How is this done? Rebbi Yose said, since the ram is dependent in time on the bull, it is as if the bull preceded it, and the other purification sacrifice precedes the bull. The bull of idolatry precedes the ram because it precedes in Scripture. Rebbi Samuel the brother of Rebbi Berekhiah asked: But then that of the New Moon should precede the ram which comes with it because it precedes [in Scripture.] Rebbi Abba Mari said, you cannot do this; its purification sacrifice is defective: After the permanent elevation offering it shall be made, with its libation; it made it lean on the permanent elevation offering. Between the sacrifice of a man and the sacrifice of a woman, the man’s sacrifice has precedence. That is, if both were equal. But if one was a bull and the other a lamb, it is what Rebbi Phineas said in the name of Rebbi Hoshaia: A slave brings a bull and his master brings a bull, the slave’s precedes the master’s, as we have stated there: “If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull in all its ceremonies.”

HALAKHAH: “Anything which is more frequent than another,” etc. [“If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull”,] for one is atoning, the other is being atoned for. It is preferable that the atoner precede the atoned for, as it is written, he shall atone for himself, and for his house, and for all the congregation of Israel. Between a voluntary gift of the Anointed and a voluntary gift of the prince, the voluntary gift of the Anointed has precedence. Between a voluntary gift of the community and a voluntary gift of the prince, the voluntary gift of the prince has precedence. Between a voluntary gift of the Anointed and a voluntary gift of the community, which one has precedence? Let us hear from the following: A voluntary gift of the Anointed and rams of idolatry were standing. The rams of idolatry have precedence since their blood enters inside. He only said “since their blood enters inside;” this implies that between a voluntary gift of the Anointed and a voluntary gift of the community, the voluntary gift of the Anointed has precedence. If there were standing the bull of idolatry, the ram which accompanies it, and another purification sacrifice. The bull precedes the ram, the ram precedes the other purification sacrifice, and the other purification sacrifice precedes the bull. How is this done? Rebbi Yose said, since the ram is dependent in time on the bull, it is as if the bull preceded it, and the other purification sacrifice precedes the bull. The bull of idolatry precedes the ram because it precedes in Scripture. Rebbi Samuel the brother of Rebbi Berekhiah asked: But then that of the New Moon should precede the ram which comes with it because it precedes [in Scripture.] Rebbi Abba Mari said, you cannot do this; its purification sacrifice is defective: After the permanent elevation offering it shall be made, with its libation; it made it lean on the permanent elevation offering. Between the sacrifice of a man and the sacrifice of a woman, the man’s sacrifice has precedence. That is, if both were equal. But if one was a bull and the other a lamb, it is what Rebbi Phineas said in the name of Rebbi Hoshaia: A slave brings a bull and his master brings a bull, the slave’s precedes the master’s, as we have stated there: “If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull in all its ceremonies.”

HALAKHAH: “Anything which is more frequent than another,” etc. [“If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull”,] for one is atoning, the other is being atoned for. It is preferable that the atoner precede the atoned for, as it is written, he shall atone for himself, and for his house, and for all the congregation of Israel. Between a voluntary gift of the Anointed and a voluntary gift of the prince, the voluntary gift of the Anointed has precedence. Between a voluntary gift of the community and a voluntary gift of the prince, the voluntary gift of the prince has precedence. Between a voluntary gift of the Anointed and a voluntary gift of the community, which one has precedence? Let us hear from the following: A voluntary gift of the Anointed and rams of idolatry were standing. The rams of idolatry have precedence since their blood enters inside. He only said “since their blood enters inside;” this implies that between a voluntary gift of the Anointed and a voluntary gift of the community, the voluntary gift of the Anointed has precedence. If there were standing the bull of idolatry, the ram which accompanies it, and another purification sacrifice. The bull precedes the ram, the ram precedes the other purification sacrifice, and the other purification sacrifice precedes the bull. How is this done? Rebbi Yose said, since the ram is dependent in time on the bull, it is as if the bull preceded it, and the other purification sacrifice precedes the bull. The bull of idolatry precedes the ram because it precedes in Scripture. Rebbi Samuel the brother of Rebbi Berekhiah asked: But then that of the New Moon should precede the ram which comes with it because it precedes [in Scripture.] Rebbi Abba Mari said, you cannot do this; its purification sacrifice is defective: After the permanent elevation offering it shall be made, with its libation; it made it lean on the permanent elevation offering. Between the sacrifice of a man and the sacrifice of a woman, the man’s sacrifice has precedence. That is, if both were equal. But if one was a bull and the other a lamb, it is what Rebbi Phineas said in the name of Rebbi Hoshaia: A slave brings a bull and his master brings a bull, the slave’s precedes the master’s, as we have stated there: “If the bull of the Anointed and the bull of the community are standing, the Anointed’s bull precedes the community’s bull in all its ceremonies.”

If thou wilt, I can say that here there is the danger of the overpowering force of sleep; or if thou wilt, I can say that it is intended to exclude the opinion of those who maintain that the evening prayer is voluntary; and hence we are informed that it is an obligation.

Rab Pappa said: Because [the text uses the word] "way" [we argue], Just as the way is voluntary, so all is voluntary.

Rab Pappa said: Because [the text uses the word] "way" [we argue], Just as the way is voluntary, so all is voluntary.

[No, there is a difference]; the former is troubled by the anxiety of a religious duty; but as for the latter, his anxiety is caused by some voluntary affair.

How is that demonstrated ? Rab Pappa said : Because [the text uses the word] "way" [we argue]: Just as the way is voluntary, so all is voluntary.

How is that demonstrated ? Rab Pappa said : Because [the text uses the word] "way" [we argue]: Just as the way is voluntary, so all is voluntary.

The answer is : [There is a difference] ;. the latter being troubled by anxiety of some voluntary matter, whereas the former has anxiety in connection with a religious duty.

Abbai said : Ezra ordained forty Saot for a healthy person whose emission was voluntary and nine Kabs for a healthy person when it was involuntary. Then came the Amoraim and differed as to a person indelicate health. Some were of the opinion that the delicate person whose emission was voluntary is like the healthy man whose emission was voluntary [and requires forty Saot], and the delicate person when it was involuntary like the healthy man when it was involuntary [and requires nine Kabs]. Others, however, were of opinion that the delicate person whose emission was voluntary is like a healthy man whose emission was involuntary [and requires nine Kabs], and the delicate person when it was involuntary is exempt therefrom altogether.

Abbai said : Ezra ordained forty Saot for a healthy person whose emission was voluntary and nine Kabs for a healthy person when it was involuntary. Then came the Amoraim and differed as to a person indelicate health. Some were of the opinion that the delicate person whose emission was voluntary is like the healthy man whose emission was voluntary [and requires forty Saot], and the delicate person when it was involuntary like the healthy man when it was involuntary [and requires nine Kabs]. Others, however, were of opinion that the delicate person whose emission was voluntary is like a healthy man whose emission was involuntary [and requires nine Kabs], and the delicate person when it was involuntary is exempt therefrom altogether.

Abbai said : Ezra ordained forty Saot for a healthy person whose emission was voluntary and nine Kabs for a healthy person when it was involuntary. Then came the Amoraim and differed as to a person indelicate health. Some were of the opinion that the delicate person whose emission was voluntary is like the healthy man whose emission was voluntary [and requires forty Saot], and the delicate person when it was involuntary like the healthy man when it was involuntary [and requires nine Kabs]. Others, however, were of opinion that the delicate person whose emission was voluntary is like a healthy man whose emission was involuntary [and requires nine Kabs], and the delicate person when it was involuntary is exempt therefrom altogether.

Abbai said : Ezra ordained forty Saot for a healthy person whose emission was voluntary and nine Kabs for a healthy person when it was involuntary. Then came the Amoraim and differed as to a person indelicate health. Some were of the opinion that the delicate person whose emission was voluntary is like the healthy man whose emission was voluntary [and requires forty Saot], and the delicate person when it was involuntary like the healthy man when it was involuntary [and requires nine Kabs]. Others, however, were of opinion that the delicate person whose emission was voluntary is like a healthy man whose emission was involuntary [and requires nine Kabs], and the delicate person when it was involuntary is exempt therefrom altogether.

Raba said : Granted that Ezra instituted immersion ; did he, then, institute the pouring of water? For lo, the teacher said, "Ezra instituted immersion for those who are Ba'al Keri" ! But, said Raba, Ezra instituted immersion in forty Saot for a healthy person whose emission was voluntary, and then the Rabbis came and instituted [the pouring of] nine Kabs for a healthy man when it was involuntary. After that the Amoraim came and differed as to what was to be done to a person in delicate health. Some were of opinion that the delicate person whose emission was voluntary was like a healthy man when it was voluntary [and required immersion], and a delicate person when it was involuntary like a healthy person when it was involuntary [and required pouring]. Others, however, were of opinion that the healthy person when it was voluntary required forty Saot ; and the delicate person when it was voluntary, like the healthy man when it was involuntary, required nine Kabs; but a delicate person whose emission was involuntary was exempt therefrom altogether.

Raba said : Granted that Ezra instituted immersion ; did he, then, institute the pouring of water? For lo, the teacher said, "Ezra instituted immersion for those who are Ba'al Keri" ! But, said Raba, Ezra instituted immersion in forty Saot for a healthy person whose emission was voluntary, and then the Rabbis came and instituted [the pouring of] nine Kabs for a healthy man when it was involuntary. After that the Amoraim came and differed as to what was to be done to a person in delicate health. Some were of opinion that the delicate person whose emission was voluntary was like a healthy man when it was voluntary [and required immersion], and a delicate person when it was involuntary like a healthy person when it was involuntary [and required pouring]. Others, however, were of opinion that the healthy person when it was voluntary required forty Saot ; and the delicate person when it was voluntary, like the healthy man when it was involuntary, required nine Kabs; but a delicate person whose emission was involuntary was exempt therefrom altogether.

Raba said : Granted that Ezra instituted immersion ; did he, then, institute the pouring of water? For lo, the teacher said, "Ezra instituted immersion for those who are Ba'al Keri" ! But, said Raba, Ezra instituted immersion in forty Saot for a healthy person whose emission was voluntary, and then the Rabbis came and instituted [the pouring of] nine Kabs for a healthy man when it was involuntary. After that the Amoraim came and differed as to what was to be done to a person in delicate health. Some were of opinion that the delicate person whose emission was voluntary was like a healthy man when it was voluntary [and required immersion], and a delicate person when it was involuntary like a healthy person when it was involuntary [and required pouring]. Others, however, were of opinion that the healthy person when it was voluntary required forty Saot ; and the delicate person when it was voluntary, like the healthy man when it was involuntary, required nine Kabs; but a delicate person whose emission was involuntary was exempt therefrom altogether.

Raba said : Granted that Ezra instituted immersion ; did he, then, institute the pouring of water? For lo, the teacher said, "Ezra instituted immersion for those who are Ba'al Keri" ! But, said Raba, Ezra instituted immersion in forty Saot for a healthy person whose emission was voluntary, and then the Rabbis came and instituted [the pouring of] nine Kabs for a healthy man when it was involuntary. After that the Amoraim came and differed as to what was to be done to a person in delicate health. Some were of opinion that the delicate person whose emission was voluntary was like a healthy man when it was voluntary [and required immersion], and a delicate person when it was involuntary like a healthy person when it was involuntary [and required pouring]. Others, however, were of opinion that the healthy person when it was voluntary required forty Saot ; and the delicate person when it was voluntary, like the healthy man when it was involuntary, required nine Kabs; but a delicate person whose emission was involuntary was exempt therefrom altogether.

Raba said : Granted that Ezra instituted immersion ; did he, then, institute the pouring of water? For lo, the teacher said, "Ezra instituted immersion for those who are Ba'al Keri" ! But, said Raba, Ezra instituted immersion in forty Saot for a healthy person whose emission was voluntary, and then the Rabbis came and instituted [the pouring of] nine Kabs for a healthy man when it was involuntary. After that the Amoraim came and differed as to what was to be done to a person in delicate health. Some were of opinion that the delicate person whose emission was voluntary was like a healthy man when it was voluntary [and required immersion], and a delicate person when it was involuntary like a healthy person when it was involuntary [and required pouring]. Others, however, were of opinion that the healthy person when it was voluntary required forty Saot ; and the delicate person when it was voluntary, like the healthy man when it was involuntary, required nine Kabs; but a delicate person whose emission was involuntary was exempt therefrom altogether.

Raba said : The Halakah is — Both the healthy man and the delicate person when it is voluntary require forty Saot ; the healthy man when it is involuntary requires nine Kabs; but the delicate person when it is involuntary is exempt therefrom altogether.

R. Johanan and R. Joshua b. Levi, and R. Eleazar and R. Jose b. R. Hannina—one of the first pair is at variance with one of the second pair on the interpretation of the first part of this teaching. One says : The statement, "Of what does this speak? [If he wishes to study Torah] for himself; but [if he wishes to teach it] to others, forty Saot are necessary" is intended to apply only to a delicate person whose emission was voluntary, but nine Kabs suffice him when it was involuntary. The other says : Whoever [wishes to teach Torah] to others, even if he be a delicate person whose emission was involuntary, [cannot be regarded as clean] until there have been forty Saot.

It is in accord with him who declared that the evening-Tefillah is voluntary; for Rab Judah said in the name of Samuel: As for the evemng-Tefillah, Rabban Gamaliel declares it to be obligatory, but R. Joshua declares it to be voluntary. Abbai said : The Halakah is in agreement with him who declares it to be obligatory ; but Raba said : The Halakah is in agreement with him who declares it to be voluntary.

It is in accord with him who declared that the evening-Tefillah is voluntary; for Rab Judah said in the name of Samuel: As for the evemng-Tefillah, Rabban Gamaliel declares it to be obligatory, but R. Joshua declares it to be voluntary. Abbai said : The Halakah is in agreement with him who declares it to be obligatory ; but Raba said : The Halakah is in agreement with him who declares it to be voluntary.

It is in accord with him who declared that the evening-Tefillah is voluntary; for Rab Judah said in the name of Samuel: As for the evemng-Tefillah, Rabban Gamaliel declares it to be obligatory, but R. Joshua declares it to be voluntary. Abbai said : The Halakah is in agreement with him who declares it to be obligatory ; but Raba said : The Halakah is in agreement with him who declares it to be voluntary.

Our Rabbis have taught : It happened that a disciple came before R. Joshua and asked him, "Is the evening-Tefillah voluntary or obligatory?" He replied, "It is voluntary."

Our Rabbis have taught : It happened that a disciple came before R. Joshua and asked him, "Is the evening-Tefillah voluntary or obligatory?" He replied, "It is voluntary."

Then he came before Rabban Gamaliel and asked him the same question. He replied, "It is obligatory." He thereupon said to him, "But has not R. Joshua told me it was voluntary!" Rabban Gamaliel said to him, "Wait until the shield-bearers enter the House of Study."

When the shield-bearers had assembled, the questioner stood up and asked, "Is the evening-Tefillah voluntary or obligatory ?" Rabban Gamaliel replied, "It is obligatory." Rabban Gamaliel said to the Sages, "Is there anyone who has a different opinion on this matter?" R. Joshua said to him, "No" Then Rabban Gamaliel said to him, "But has it not been reported to me in thy name that it is voluntary ?"

When the shield-bearers had assembled, the questioner stood up and asked, "Is the evening-Tefillah voluntary or obligatory ?" Rabban Gamaliel replied, "It is obligatory." Rabban Gamaliel said to the Sages, "Is there anyone who has a different opinion on this matter?" R. Joshua said to him, "No" Then Rabban Gamaliel said to him, "But has it not been reported to me in thy name that it is voluntary ?"

There [in the case of three] it is obligatory, but here [with two] it is voluntary.

If so, is not the seventh day of Pesah also different in respect of the commandment to eat matzah, since the Master said, On the first night it is an obligation [to eat matzah], from that point onward it is voluntary? How now! here it is different from the first night, but not from the day whereas in the case of the Eighth Day, it is different even from the preceding day.

A certain Rabbi asked Rava: From where do you know (really R. Yishmael) that this plowing is voluntary? Maybe it is plowing for the Mitzvah of the Omer and even in this case, God said, "you shall desist." He said to him: If he were to find the (field) already plowed, then he would not have to plow again.(Therefore), plowing is not a Mitzvah.

(Deutermany 12, 17) "and your voluntary gifts", this refers to the Todah and Sh'lamim offerings. Rebbi Shimon said, What is this verse coming to teach us? If to [make one liable for eating them] outside the wall [of Jerusalem, then we could have just learned it out from] a kal v'chomer from maiser, rather the Torah only comes to teach us that one who eats from the Todah or the Sh'lamim before the z'rika [the sprinkling of the blood] incurs malkus.