whipped

If he is still there, Rebbi Joḥanan said, one warns him about everything for every possible leaving, and he is whipped. Rebbi Eleazar said, he does not accept [warning] unless he leaves and returns. Rebbi Abba said: So did Rebbi Joḥanan answer Rebbi Eleazar: Is it not written, “he shall not come” and “he may not defile himself”? He said to him, if they warned him because of “he shall not come”, he is whipped; because of “he shall not defile himself” he is not whipped. Rebbi Hila said, Rebbi Joḥanan learned from prostrating, as we have stated there: “If he prostrated himself or stayed there long enough to prostrate himself.” Rebbi Mattaniah said, we thought that was where they do disagree? About lashes, but not about a sacrifice. Since Rebbi Hila said, Rebbi Joḥanan learned from prostrating, that means that lashes and sacrifices are one and the same. A Mishnah disagrees with Rebbi Joḥanan: “A nazir who drank wine the entire day is guilty only once.” He explains it, that his throat was never empty. A Mishnah disagrees with Rebbi Joḥanan: “If he was defiling himself for the dead the entire day, he is guilty only once.” He explains it about one who waits before every leaving, who is whipped. A baraita disagrees with Rebbi Joḥanan: If a Cohen was standing in a cemetery and they were handing another corpse to him, could he accept? The verse says, “the husband shall be defiled for his family.” If he accepted it, I could think that he was guilty. The verse says, “to be profaned”. One who adds impurity to the impurity; that excludes him who does not add impurity to his impurity. Rebbi Ze‘ira said, Rebbi Neḥemiah said, “to be profaned”, that excludes him who does not add impurity to his impurity, lest he say, because I became defiled for my father I may go and collect the bones of X. “To be profaned”, at the time of death; Rebbi said, also “in their death.” Rebbi Simeon ben Laqish said, they disagree. It follows that Rebbi Simeon bar Abba follows Rebbi Simeon ben Laqish. When Simeon bar Abba was dying, he said, this should be taken out here, that should be taken out there.

If he is still there, Rebbi Joḥanan said, one warns him about everything for every possible leaving, and he is whipped. Rebbi Eleazar said, he does not accept [warning] unless he leaves and returns. Rebbi Abba said: So did Rebbi Joḥanan answer Rebbi Eleazar: Is it not written, “he shall not come” and “he may not defile himself”? He said to him, if they warned him because of “he shall not come”, he is whipped; because of “he shall not defile himself” he is not whipped. Rebbi Hila said, Rebbi Joḥanan learned from prostrating, as we have stated there: “If he prostrated himself or stayed there long enough to prostrate himself.” Rebbi Mattaniah said, we thought that was where they do disagree? About lashes, but not about a sacrifice. Since Rebbi Hila said, Rebbi Joḥanan learned from prostrating, that means that lashes and sacrifices are one and the same. A Mishnah disagrees with Rebbi Joḥanan: “A nazir who drank wine the entire day is guilty only once.” He explains it, that his throat was never empty. A Mishnah disagrees with Rebbi Joḥanan: “If he was defiling himself for the dead the entire day, he is guilty only once.” He explains it about one who waits before every leaving, who is whipped. A baraita disagrees with Rebbi Joḥanan: If a Cohen was standing in a cemetery and they were handing another corpse to him, could he accept? The verse says, “the husband shall be defiled for his family.” If he accepted it, I could think that he was guilty. The verse says, “to be profaned”. One who adds impurity to the impurity; that excludes him who does not add impurity to his impurity. Rebbi Ze‘ira said, Rebbi Neḥemiah said, “to be profaned”, that excludes him who does not add impurity to his impurity, lest he say, because I became defiled for my father I may go and collect the bones of X. “To be profaned”, at the time of death; Rebbi said, also “in their death.” Rebbi Simeon ben Laqish said, they disagree. It follows that Rebbi Simeon bar Abba follows Rebbi Simeon ben Laqish. When Simeon bar Abba was dying, he said, this should be taken out here, that should be taken out there.

If he is still there, Rebbi Joḥanan said, one warns him about everything for every possible leaving, and he is whipped. Rebbi Eleazar said, he does not accept [warning] unless he leaves and returns. Rebbi Abba said: So did Rebbi Joḥanan answer Rebbi Eleazar: Is it not written, “he shall not come” and “he may not defile himself”? He said to him, if they warned him because of “he shall not come”, he is whipped; because of “he shall not defile himself” he is not whipped. Rebbi Hila said, Rebbi Joḥanan learned from prostrating, as we have stated there: “If he prostrated himself or stayed there long enough to prostrate himself.” Rebbi Mattaniah said, we thought that was where they do disagree? About lashes, but not about a sacrifice. Since Rebbi Hila said, Rebbi Joḥanan learned from prostrating, that means that lashes and sacrifices are one and the same. A Mishnah disagrees with Rebbi Joḥanan: “A nazir who drank wine the entire day is guilty only once.” He explains it, that his throat was never empty. A Mishnah disagrees with Rebbi Joḥanan: “If he was defiling himself for the dead the entire day, he is guilty only once.” He explains it about one who waits before every leaving, who is whipped. A baraita disagrees with Rebbi Joḥanan: If a Cohen was standing in a cemetery and they were handing another corpse to him, could he accept? The verse says, “the husband shall be defiled for his family.” If he accepted it, I could think that he was guilty. The verse says, “to be profaned”. One who adds impurity to the impurity; that excludes him who does not add impurity to his impurity. Rebbi Ze‘ira said, Rebbi Neḥemiah said, “to be profaned”, that excludes him who does not add impurity to his impurity, lest he say, because I became defiled for my father I may go and collect the bones of X. “To be profaned”, at the time of death; Rebbi said, also “in their death.” Rebbi Simeon ben Laqish said, they disagree. It follows that Rebbi Simeon bar Abba follows Rebbi Simeon ben Laqish. When Simeon bar Abba was dying, he said, this should be taken out here, that should be taken out there.

The following is obvious: If her husband did not dissolve for the first [woman] and she transgressed her vow, she is whipped. Can the second be whipped? Rebbi Yose said, since one is whipped, the other also is whipped. Rebbi La said, this follows Rebbi Simeon. Can the second not be considered like one who said, I am a nezirah after twenty days? Rebbi Simeon follows his own opinion; for Rebbi Simeon declares him free, because his offering was not according to the custom of offerers.

The following is obvious: If her husband did not dissolve for the first [woman] and she transgressed her vow, she is whipped. Can the second be whipped? Rebbi Yose said, since one is whipped, the other also is whipped. Rebbi La said, this follows Rebbi Simeon. Can the second not be considered like one who said, I am a nezirah after twenty days? Rebbi Simeon follows his own opinion; for Rebbi Simeon declares him free, because his offering was not according to the custom of offerers.

The following is obvious: If her husband did not dissolve for the first [woman] and she transgressed her vow, she is whipped. Can the second be whipped? Rebbi Yose said, since one is whipped, the other also is whipped. Rebbi La said, this follows Rebbi Simeon. Can the second not be considered like one who said, I am a nezirah after twenty days? Rebbi Simeon follows his own opinion; for Rebbi Simeon declares him free, because his offering was not according to the custom of offerers.

The following is obvious: If her husband did not dissolve for the first [woman] and she transgressed her vow, she is whipped. Can the second be whipped? Rebbi Yose said, since one is whipped, the other also is whipped. Rebbi La said, this follows Rebbi Simeon. Can the second not be considered like one who said, I am a nezirah after twenty days? Rebbi Simeon follows his own opinion; for Rebbi Simeon declares him free, because his offering was not according to the custom of offerers.

Rebbi Samuel bar Sosarti asked: Then one who eats a limb from a kosher living animal should be guilty on two counts, because of “you shall not eat any carcass meat;” and because of “you shall not eat of life with the flesh.” Does one argue from kosher abour non-kosher animals? But did not Rebbi Eleazar argue from kosher about non-kosher animals? Then one who eats a limb from a non-kosher living animal should be guilty on three counts, because of “you shall not eat any carcass meat;” and because of “you shall not eat of life with the flesh”; and because of “you shall not eat from their flesh.” Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: If somebody ate five ants together, in one forgetting, he is guilty for each one separately because of “creature”. If he fragmented and ate them, he is guilty only once, if together they amount to the volume of an olive. If he ate of the fragments in the volume of an olive, he is guilty; if he ate of the fragments in the volume of an olive and an ant, he is guilty twice. If this is correct, then if he ate of the fragments less than the volume of an olive and an ant completed the volume of an olive, is he guilty twice? If this is correct, if the ate an ant the size of an olive, is he guilty twice? The same rule applies to combinations of a nazir. If he ate of the combinations in the volume of an olive, he is guilty. If he ate of the combinations in the volume of an olive and a grape berry, is he guilty twice? If this is correct, then if he ate a grape berry for the volume ofan olive, is he guilty twice? Rebbi Abbahu in the name of Rebbi Joḥanan: All [food] prohibitions combine together to be whipped for the volume of an olive, but for an ant one is guilty twice. Then if he ate prohibited food and an ant completed the volume of an olive, he is guilty twice. Then if he ate an ant the volume of an olive, he is guilty twice.

Rebbi Abbahu in the name of Rebbi Joḥanan: One does not whip for anything imparting taste until he tasted the forbidden thing itself. Rebbi Ḥiya bar Yosef objected before Rebbi Joḥanan: Take, for example, meat in milk, where he did not taste the forbidden thing itself and you say that he is whipped! He accepted that. What is meant by: he accepted that? Rebbi Ḥiya bar Abun said before Rebbi Ze‘ira: Like a person who listens to the argument of the opposing party he accepted it.

From what Rebbi Yose said, “X ate suet, and they warned him,” he is not whipped. If one person said to him, you are a nazir, and based on this testimony he behaved like a nazir, when then he drank wine or became impure in the impurity of the dead, if two warned him, he is whipped. Is not the main testimony given by a single witness? From what Rebbi Mana said, “X is the wife of a Cohen and whored; her husband, a Cohen, then had relations with her but I had warned him;” he is [not] whipped. If she went to a secluded place in the presence of two, and one said, I saw her that she became impure; when her husband, the Cohen, had relations with her but two had warned him, he is whipped. Is not the main testimony given by a single witness?

From what Rebbi Yose said, “X ate suet, and they warned him,” he is not whipped. If one person said to him, you are a nazir, and based on this testimony he behaved like a nazir, when then he drank wine or became impure in the impurity of the dead, if two warned him, he is whipped. Is not the main testimony given by a single witness? From what Rebbi Mana said, “X is the wife of a Cohen and whored; her husband, a Cohen, then had relations with her but I had warned him;” he is [not] whipped. If she went to a secluded place in the presence of two, and one said, I saw her that she became impure; when her husband, the Cohen, had relations with her but two had warned him, he is whipped. Is not the main testimony given by a single witness?

From what Rebbi Yose said, “X ate suet, and they warned him,” he is not whipped. If one person said to him, you are a nazir, and based on this testimony he behaved like a nazir, when then he drank wine or became impure in the impurity of the dead, if two warned him, he is whipped. Is not the main testimony given by a single witness? From what Rebbi Mana said, “X is the wife of a Cohen and whored; her husband, a Cohen, then had relations with her but I had warned him;” he is [not] whipped. If she went to a secluded place in the presence of two, and one said, I saw her that she became impure; when her husband, the Cohen, had relations with her but two had warned him, he is whipped. Is not the main testimony given by a single witness?

From what Rebbi Yose said, “X ate suet, and they warned him,” he is not whipped. If one person said to him, you are a nazir, and based on this testimony he behaved like a nazir, when then he drank wine or became impure in the impurity of the dead, if two warned him, he is whipped. Is not the main testimony given by a single witness? From what Rebbi Mana said, “X is the wife of a Cohen and whored; her husband, a Cohen, then had relations with her but I had warned him;” he is [not] whipped. If she went to a secluded place in the presence of two, and one said, I saw her that she became impure; when her husband, the Cohen, had relations with her but two had warned him, he is whipped. Is not the main testimony given by a single witness?

If he drank wine within the first 30 days, he is (not) whipped; within the last 30 days, he is [] whipped. The one coming from the general population cannot be whipped, either for the (second) or the last period. So far, if he was warned separately for each period. If they warned him for both together this is the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish who disagreed about the two days of holiday in the diaspora. Rebbi Joḥanan said, one accepts warning in case of a doubt; Rebbi Simeon ben Laqish said, one does not accept warning in case of a doubt.

If he drank wine within the first 30 days, he is (not) whipped; within the last 30 days, he is [] whipped. The one coming from the general population cannot be whipped, either for the (second) or the last period. So far, if he was warned separately for each period. If they warned him for both together this is the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish who disagreed about the two days of holiday in the diaspora. Rebbi Joḥanan said, one accepts warning in case of a doubt; Rebbi Simeon ben Laqish said, one does not accept warning in case of a doubt.

If he drank wine within the first 30 days, he is (not) whipped; within the last 30 days, he is [] whipped. The one coming from the general population cannot be whipped, either for the (second) or the last period. So far, if he was warned separately for each period. If they warned him for both together this is the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish who disagreed about the two days of holiday in the diaspora. Rebbi Joḥanan said, one accepts warning in case of a doubt; Rebbi Simeon ben Laqish said, one does not accept warning in case of a doubt.

“I made a vow of nazir but I forgot whether it was for now or for a later date.” They told him, this [warning] is for now, and that for the later date. If he drank wine within the first 30 days, he is [] whipped; within the last 30 days, he is (not) whipped. Should one not say that the first days may be within the period of his vow, the later ones are after the period of his vow? “All days of his status as nazir,” to make the days after he finished his term like the days before he finished his term with respect to wine, impurity, and shaving.

“I made a vow of nazir but I forgot whether it was for now or for a later date.” They told him, this [warning] is for now, and that for the later date. If he drank wine within the first 30 days, he is [] whipped; within the last 30 days, he is (not) whipped. Should one not say that the first days may be within the period of his vow, the later ones are after the period of his vow? “All days of his status as nazir,” to make the days after he finished his term like the days before he finished his term with respect to wine, impurity, and shaving.

“Rebbi Yose said, if a slave said, ‘I shall be a nazir when manumitted,’ his master forces him in matters of nezirut. [The master] can force a slave in matters of nezirut; he does not have to force him in matters either of vows or of oaths.” Rebbi Jeremiah asked before Rebbi Ze‘ira: If his master forced him and he became impure, is he to be whipped? Or is that only practice? Where do we hold? If his nezirut has biblical status and by practice one may force, he is whipped. If both are rabbinical, he is not whipped. Rebbi Mana said, does one whip for practice? But it must be the following: If his nezirut is practice and by practice one may force, he is whipped. If both are rabbinical, he is not whipped.

“Rebbi Yose said, if a slave said, ‘I shall be a nazir when manumitted,’ his master forces him in matters of nezirut. [The master] can force a slave in matters of nezirut; he does not have to force him in matters either of vows or of oaths.” Rebbi Jeremiah asked before Rebbi Ze‘ira: If his master forced him and he became impure, is he to be whipped? Or is that only practice? Where do we hold? If his nezirut has biblical status and by practice one may force, he is whipped. If both are rabbinical, he is not whipped. Rebbi Mana said, does one whip for practice? But it must be the following: If his nezirut is practice and by practice one may force, he is whipped. If both are rabbinical, he is not whipped.

“Rebbi Yose said, if a slave said, ‘I shall be a nazir when manumitted,’ his master forces him in matters of nezirut. [The master] can force a slave in matters of nezirut; he does not have to force him in matters either of vows or of oaths.” Rebbi Jeremiah asked before Rebbi Ze‘ira: If his master forced him and he became impure, is he to be whipped? Or is that only practice? Where do we hold? If his nezirut has biblical status and by practice one may force, he is whipped. If both are rabbinical, he is not whipped. Rebbi Mana said, does one whip for practice? But it must be the following: If his nezirut is practice and by practice one may force, he is whipped. If both are rabbinical, he is not whipped.

“Rebbi Yose said, if a slave said, ‘I shall be a nazir when manumitted,’ his master forces him in matters of nezirut. [The master] can force a slave in matters of nezirut; he does not have to force him in matters either of vows or of oaths.” Rebbi Jeremiah asked before Rebbi Ze‘ira: If his master forced him and he became impure, is he to be whipped? Or is that only practice? Where do we hold? If his nezirut has biblical status and by practice one may force, he is whipped. If both are rabbinical, he is not whipped. Rebbi Mana said, does one whip for practice? But it must be the following: If his nezirut is practice and by practice one may force, he is whipped. If both are rabbinical, he is not whipped.

“Rebbi Yose said, if a slave said, ‘I shall be a nazir when manumitted,’ his master forces him in matters of nezirut. [The master] can force a slave in matters of nezirut; he does not have to force him in matters either of vows or of oaths.” Rebbi Jeremiah asked before Rebbi Ze‘ira: If his master forced him and he became impure, is he to be whipped? Or is that only practice? Where do we hold? If his nezirut has biblical status and by practice one may force, he is whipped. If both are rabbinical, he is not whipped. Rebbi Mana said, does one whip for practice? But it must be the following: If his nezirut is practice and by practice one may force, he is whipped. If both are rabbinical, he is not whipped.

Explanation: Rebbi Dositheos ben Rebbi Yannai and Rebbi Yose ben Kipper descended to collect there for a colleague when they were slandered. They came and wanted to take it back from them. They answered, we already acquired it. They said, we wish for you to accept it in good faith; they answered, we are unpaid trustees. They approached Rebbi Dositheos ben Rebbi Yannai who told them, there it is, all of it. They took Rebbi Yose ben Kipper, whipped him with ropes, and took it from him. When they returned here, he went to his father and told him, look what your son did to me! He asked him, what did he do to you? He answered, if he had taken my position, they could not have taken anything from us. He asked him, why did you act in such a way? He said, I saw that they were a unanimous court, their hats were a cubit wide, they were directing blows, my brother Yose was bound and the whip ascended and descended. I said, does my father have another Dositheos? Rebbi Ḥaggai said, you say that for somebody who cannot give a warranty in good faith. But if somebody gives a warranty in good faith, one takes from this one and gives to the other.

Explanation: Rebbi Dositheos ben Rebbi Yannai and Rebbi Yose ben Kipper descended to collect there for the colleagues when they were slandered. They asked but were not given anything. Then they came and wanted to take it back from them. They answered, we already acquired it. They said, we wish for you to accept it in good faith; they answered, we are unpaid trustees. They approached Rebbi Dositheos ben Rebbi Yannai who told them, there it is, all of it. They took Rebbi Yose ben Kipper, whipped him with ropes, and took it from him. When they returned here, he went to his father and told him, look what your son did to me! He asked him, what did he do to you? He answered, if he had taken my position, they could not have taken anything from us. He asked him, why did you act in such a way? He said, I saw that they were a unanimous court, their hats were a cubit wide, they were directing blows, my brother Yose was bound and the whip ascended and descended. I said, does my father have another Dositheos? Rebbi Ḥaggai said, you say that for somebody who cannot give a warranty in good faith. But if somebody gives a warranty in good faith, one takes from this one and gives to the other. If somebody forgave a bond to another person: Rebbi Ḥanania and Rebbi Mamal: one said it is forgiven; the other said it is not forgiven unless he handed over the bond.

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.

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.

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.

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.

Jacob from Kefar Naboraia went to Tyre. They came to ask him, may one circumcise the son of a Gentile woman on the Sabbath? He wanted to permit it from the verse: “They determined their genealogies for their families according to their fathers’ houses.” Rebbi Ḥaggai heard it and said, he shall come and be whipped. He said to him, for what reason do you whip me? He said, from what is written: “Now we shall make a covenant to send away all foreign women and those born to them, etc”. He said, you want to whip me based on tradition? He said, “and it should be done according to the Torah.” He said to him, from which teaching? He said, from that which Rebbi Joḥanan said in the name of Rebbi Simeon ben Ioḥai, it is written: “You shall not conclude marriage with them,” etc. He said to him, whip your whipping, because it is good to impress.

HALAKHAH: “Anything I am obligated to watch I did set up for damage claims,” etc. Rebbi Ḥiyya stated: This refers to cattle and pit. But he did not state “fire”. Rebbi Jeremiah said, the fire set up for damage claims? Rebbi Yose said, if the fire were [more than] damage claims, should he not accept warning according to this opinion and be whipped? How is this? The fire in setting up for damage claims he accepts [responsibility] for damages, suffering, medical costs, loss of earning power, shame.

“If it crossed a wall four cubits high, or a public road, or a brook, he is not liable.” Rebbi Abba said, the Mishnah speaks of burning fire. But if it is wind-whipped everybody agrees that he is liable. Rebbi Joḥanan said, the Mishnah speaks of wind-whipped fire, but if it is burning he is not liable.

“If it crossed a wall four cubits high, or a public road, or a brook, he is not liable.” Rebbi Abba said, the Mishnah speaks of burning fire. But if it is wind-whipped everybody agrees that he is liable. Rebbi Joḥanan said, the Mishnah speaks of wind-whipped fire, but if it is burning he is not liable.

HALAKHAH: Did not Rabbi Abbahu say in the name of Rebbi Joḥanan: If he is intentional about fat but in error about a sacrifice, he can be warned, is whipped, and brings a sacrifice. Rebbi Abun bar Ḥiyya in the name of Rebbi Samuel bar Rav Isaac: (Deut. 25:2) “Because of his guilt.” If two alternatives are presented to the court, one chooses one of them. This excludes matters in the power of Heaven.

HALAKHAH: “One who stole and slaughtered on the Sabbath,” etc. Did not Rabbi Abbahu say in the name of Rebbi Joḥanan: If he is intentional error about fat but in error about a sacrifice, he can be warned, is whipped, and brings a sacrifice. Who stated it? [Rebbi Simeon, as we have stated]: “Rebbi Simeon says, for sancta for which he is liable by a warranty he has to pay quadruple or quintuple, but if there is no warranty, he is not liable.”

It was stated: “She reached out with her hand,” but not the court marshal’s wife. Another Tanna stated, “she reached out with her hand,” including the court marshal’s wife. He who said, “she reached out with her hand,” but not the court marshal’s wife, if he whipped with permission. He who said, “she reached out with her hand,” including the court marshal’s wife, if he whipped without permission. It was stated: Not the wife of two men.

It was stated: “She reached out with her hand,” but not the court marshal’s wife. Another Tanna stated, “she reached out with her hand,” including the court marshal’s wife. He who said, “she reached out with her hand,” but not the court marshal’s wife, if he whipped with permission. He who said, “she reached out with her hand,” including the court marshal’s wife, if he whipped without permission. It was stated: Not the wife of two men.

MISHNAH: If one of them was one-armed, or lame, or mute, or deaf, he cannot be tried as deviant and rebellious son, as it is said: His father and mother shall grab him, not one-armed ones, bring him out, not lame ones, and say, not mute ones, this son of ours, and not blind ones, he does not listen to our voice, not deaf ones. One warns him before three [judges] and whips him. If he becomes a repeat offender, he is tried by 23 but cannot be stoned unless the original three were present, since it is said this son of ours, this is the one who was whipped before you.

What is the reason of Rebbi Jehudah? A man may not take his father’s wife, and he should not uncover his father’s wing; that is his rape victim. How do the rabbis explain “his father’s wing”? There, they say and they do not know the origin of the tradition, that refers to a wing which is in need of his father. Would he not anyhow be [criminally] liable for her because of “his father’s wife”? Rebbi Hila said, because of forewarning; if he was warned because of his father’s wife he will be whipped, and because of his father’s wing he will be whipped. Rebbi Jehudah agrees about whipping. Rebbi Jehudah agrees about sacrifice. Rebbi Jehudah agrees about all other men that he is free. Rebbi Jehudah agrees that if he marries her preliminarily that the preliminary marriage is legally valid.

What is the reason of Rebbi Jehudah? A man may not take his father’s wife, and he should not uncover his father’s wing; that is his rape victim. How do the rabbis explain “his father’s wing”? There, they say and they do not know the origin of the tradition, that refers to a wing which is in need of his father. Would he not anyhow be [criminally] liable for her because of “his father’s wife”? Rebbi Hila said, because of forewarning; if he was warned because of his father’s wife he will be whipped, and because of his father’s wing he will be whipped. Rebbi Jehudah agrees about whipping. Rebbi Jehudah agrees about sacrifice. Rebbi Jehudah agrees about all other men that he is free. Rebbi Jehudah agrees that if he marries her preliminarily that the preliminary marriage is legally valid.

MISHNAH: Somebody who was found guilty of two death penalties shall be convicted to the more painful one. One who committed one crime punishable by two death penalties shall be convicted to the more painful one. Rebbi Yose says, he shall be convicted for the first connection. If somebody was repeatedly whipped, the court sends him to jail where he is fed barley until his belly bursts. One sends the murderer without witnesses to jail and feeds him scanty bread and sparing water.

The following is obvious: If her husband did not dissolve [the vow] for the first woman and she (remained) in her vow, she is whipped. Can the second he whipped? Rebbi Yose said, since one is whipped, the other also is whipped. Rebbi Yudan said, is this a stipulation of the court? Should not the second be treated as one who said, “a shall be a nezirah[after] thirty days”? Rebbi Simeon follows his own opinion, for he said, it depends on the collection.

The following is obvious: If her husband did not dissolve [the vow] for the first woman and she (remained) in her vow, she is whipped. Can the second he whipped? Rebbi Yose said, since one is whipped, the other also is whipped. Rebbi Yudan said, is this a stipulation of the court? Should not the second be treated as one who said, “a shall be a nezirah[after] thirty days”? Rebbi Simeon follows his own opinion, for he said, it depends on the collection.

The following is obvious: If her husband did not dissolve [the vow] for the first woman and she (remained) in her vow, she is whipped. Can the second he whipped? Rebbi Yose said, since one is whipped, the other also is whipped. Rebbi Yudan said, is this a stipulation of the court? Should not the second be treated as one who said, “a shall be a nezirah[after] thirty days”? Rebbi Simeon follows his own opinion, for he said, it depends on the collection.

The following is obvious: If her husband did not dissolve [the vow] for the first woman and she (remained) in her vow, she is whipped. Can the second he whipped? Rebbi Yose said, since one is whipped, the other also is whipped. Rebbi Yudan said, is this a stipulation of the court? Should not the second be treated as one who said, “a shall be a nezirah[after] thirty days”? Rebbi Simeon follows his own opinion, for he said, it depends on the collection.

The practice of Mercurius is the following: Two stones one touching the other and the third on top of them. If one put down the second one and they warned him because of “it and its young”, he is whipped. Because of idolatry he is stoned. If he put down the third; there is a disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish. For they disagreed: If somebody slaughters an animal and its young for idolatrous purposes. Rebbi Joḥanan says, if he was cautioned about an animal and its young he is flogged, about idolatry he is stoned. Rebbi Simeon ben Laqish said, even if he is cautioned about an animal and its young he is not flogged since he would be stoned to death had he be cautioned about idolatry.

MISHNAH: “We testify against this man that he owes another 1’000 denars payable within 30 days” but he says, within ten years. One estimates how much a person would be willing to pay to have 1’000 denars at his disposal to return them after ten years instead of returning them after thirty days. “We testify against this man that he owes another 200 denars” and they are found to be plotting, they are flogged and have to pay since the title which brings him to flogging is not the one which brings him to restitution, the words of Rebbi Ṃeïr. But the Sages say, anybody who pays is not flogged. “We testify against this man that he is liable to be flogged 40 lashes” and they are found plotting, they are whipped 80 because of do not testify against your neighbor as a false witness and because of do to him as he plotted to do to his neighbor, the words of Rebbi Ṃeïr. But the Sages say, they only are flogged 40 times. One distributes money but one does not distribute floggings. How? If they testified that he owes another person 200 denars and were found plotting, one distributes between them. If they testified that he is liable to be flogged 40 lashes and were found plotting, each one of them is flogged 40 lashes.