yannai

Rebbi Simeon ben Laqish in the name of Rebbi Yannai: If somebody sold a flock to another person, when [the seller] delivered the maškokît, [the buyer] took possession. What is maškokît? Some say, the shepherd’s staff. But some say, a whistle. And some say, the bell-wether.

Rav Jehudah sent to Rebbi Eleazar: If a keeper give to another keeper. He answered, the first is responsible. Rebbi Joḥanan said, the second is responsible. Rebbi Simeon ben Laqish said, the second is responsible. There, we have stated: “If somebody leases a cow from another person and lends it to a third party; if it died naturally, the lessee has to swear that it died naturally and the borrower has to pay to the lessee. Rebbi Yose said, how can this person make a deal with another’s cow? But the cow’s [price] has to be restituted to the owner.” Rebbi Hila in the name of Rebbi Yannai: Only if he gave permission to lend to others. Also Rebbi Ḥiyya stated thus: “The borrower cannot lend, nor the lessee lease, nor the borrower lease, nor the lessee lend, nor the trustee give to another unless they received permission from the owners. And all who changed the titles without the owners’ knowledge are liable. But the borrower is liable even if he did not change.” But it is because we stated: “An unpaid watchman can stipulate to be exempt from an oath and the borrower may stipulate that he not have to pay.” This means that even if he stipulated to be exempt he is obligated. What if he wanted to let the borrower swear? Let us hear from the following: “If he wrote to her: ‘I have no vow or oath against you,’ he cannot make her swear, but he can ask an oath from the heirs or her business associates.” This implies that if he wanted to make the borrower swear, he can force him to swear. The second case teaches about the first, that if he wants to force the wife to swear, he can make her swear. Rebbi Ḥanina said, it is not necessary to derive the first case from the second, and what does one learn for the second case from the first? Following what Rebbi Hila said in the name of Rebbi Yannai: Only if he gave permission to lend to others. And here, only if he gave permission to let her sons be stewards. Rebbi Yose said, he has to pay the lease the entire time it is leased to him. Rebbi Ze‘ira asked Rebbi Abinna: If the owners borrowed it and it died? He said to him, we hold that they ate it. Rebbi Yose bar Abun said, if they ate it, they ate their own property. Rebbi Ze‘ira asked before Rebbi Yasa: How does one act? He said to him, there are two against four; one does not act following the argument. He said to him, they are two against two! Rebbi Eleazar is the Elder Rebbi Ḥiyya’s student; Rebbi Joḥanan is Rebbi Yannai’s student.

Rav Jehudah sent to Rebbi Eleazar: If a keeper give to another keeper. He answered, the first is responsible. Rebbi Joḥanan said, the second is responsible. Rebbi Simeon ben Laqish said, the second is responsible. There, we have stated: “If somebody leases a cow from another person and lends it to a third party; if it died naturally, the lessee has to swear that it died naturally and the borrower has to pay to the lessee. Rebbi Yose said, how can this person make a deal with another’s cow? But the cow’s [price] has to be restituted to the owner.” Rebbi Hila in the name of Rebbi Yannai: Only if he gave permission to lend to others. Also Rebbi Ḥiyya stated thus: “The borrower cannot lend, nor the lessee lease, nor the borrower lease, nor the lessee lend, nor the trustee give to another unless they received permission from the owners. And all who changed the titles without the owners’ knowledge are liable. But the borrower is liable even if he did not change.” But it is because we stated: “An unpaid watchman can stipulate to be exempt from an oath and the borrower may stipulate that he not have to pay.” This means that even if he stipulated to be exempt he is obligated. What if he wanted to let the borrower swear? Let us hear from the following: “If he wrote to her: ‘I have no vow or oath against you,’ he cannot make her swear, but he can ask an oath from the heirs or her business associates.” This implies that if he wanted to make the borrower swear, he can force him to swear. The second case teaches about the first, that if he wants to force the wife to swear, he can make her swear. Rebbi Ḥanina said, it is not necessary to derive the first case from the second, and what does one learn for the second case from the first? Following what Rebbi Hila said in the name of Rebbi Yannai: Only if he gave permission to lend to others. And here, only if he gave permission to let her sons be stewards. Rebbi Yose said, he has to pay the lease the entire time it is leased to him. Rebbi Ze‘ira asked Rebbi Abinna: If the owners borrowed it and it died? He said to him, we hold that they ate it. Rebbi Yose bar Abun said, if they ate it, they ate their own property. Rebbi Ze‘ira asked before Rebbi Yasa: How does one act? He said to him, there are two against four; one does not act following the argument. He said to him, they are two against two! Rebbi Eleazar is the Elder Rebbi Ḥiyya’s student; Rebbi Joḥanan is Rebbi Yannai’s student.

Rav Jehudah sent to Rebbi Eleazar: If a keeper give to another keeper. He answered, the first is responsible. Rebbi Joḥanan said, the second is responsible. Rebbi Simeon ben Laqish said, the second is responsible. There, we have stated: “If somebody leases a cow from another person and lends it to a third party; if it died naturally, the lessee has to swear that it died naturally and the borrower has to pay to the lessee. Rebbi Yose said, how can this person make a deal with another’s cow? But the cow’s [price] has to be restituted to the owner.” Rebbi Hila in the name of Rebbi Yannai: Only if he gave permission to lend to others. Also Rebbi Ḥiyya stated thus: “The borrower cannot lend, nor the lessee lease, nor the borrower lease, nor the lessee lend, nor the trustee give to another unless they received permission from the owners. And all who changed the titles without the owners’ knowledge are liable. But the borrower is liable even if he did not change.” But it is because we stated: “An unpaid watchman can stipulate to be exempt from an oath and the borrower may stipulate that he not have to pay.” This means that even if he stipulated to be exempt he is obligated. What if he wanted to let the borrower swear? Let us hear from the following: “If he wrote to her: ‘I have no vow or oath against you,’ he cannot make her swear, but he can ask an oath from the heirs or her business associates.” This implies that if he wanted to make the borrower swear, he can force him to swear. The second case teaches about the first, that if he wants to force the wife to swear, he can make her swear. Rebbi Ḥanina said, it is not necessary to derive the first case from the second, and what does one learn for the second case from the first? Following what Rebbi Hila said in the name of Rebbi Yannai: Only if he gave permission to lend to others. And here, only if he gave permission to let her sons be stewards. Rebbi Yose said, he has to pay the lease the entire time it is leased to him. Rebbi Ze‘ira asked Rebbi Abinna: If the owners borrowed it and it died? He said to him, we hold that they ate it. Rebbi Yose bar Abun said, if they ate it, they ate their own property. Rebbi Ze‘ira asked before Rebbi Yasa: How does one act? He said to him, there are two against four; one does not act following the argument. He said to him, they are two against two! Rebbi Eleazar is the Elder Rebbi Ḥiyya’s student; Rebbi Joḥanan is Rebbi Yannai’s student.

Rav Jehudah sent and asked Rebbi Eleazar: May one foreclose slaves with real estate? He answered, one may foreclose slaves with real estate. Rebbi Eleazar instructed those from the House of Rebbi Yannai to foreclose slaves with real estate.

Rebbi Yannai and Rebbi Jonathan were sitting together. There came a man and kissed Rebbi Jonathan’s foot. Rebbi Yannai said to him: What kindness did he pay you back for from former days? He said to him: He once came and complained to me about his son that he should support him and I told him, go, assemble a congregation and humiliate him. He said to him, why did you not force him? He said to him, does one force him? He said to him, you still have questions about that? One said, Rebbi Jonathan changed his opinion and fixed it as a tradition in his own name. The result is: Rebbi Jacob bar Aḥa, Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan, one forces the son to feed his father. Rebbi Yose bar Abun said, if only all my traditions were so clear to me as this one: One forces the son to feed his father.

Rebbi Yannai and Rebbi Jonathan were sitting together. There came a man and kissed Rebbi Jonathan’s foot. Rebbi Yannai said to him: What kindness did he pay you back for from former days? He said to him: He once came and complained to me about his son that he should support him and I told him, go, assemble a congregation and humiliate him. He said to him, why did you not force him? He said to him, does one force him? He said to him, you still have questions about that? One said, Rebbi Jonathan changed his opinion and fixed it as a tradition in his own name. The result is: Rebbi Jacob bar Aḥa, Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan, one forces the son to feed his father. Rebbi Yose bar Abun said, if only all my traditions were so clear to me as this one: One forces the son to feed his father.

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.

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.

Rebbi Yannai said: More than 30 Elders voted: from where that qiddushin have no legal effect on a sister-in-law? The verse says, “the wife of the deceased may not belong to any outside unrelated man”, that she cannot have any existence with an outsider. Rebbi Joḥanan said to him, is that not a Mishnah? “Or after your levir will have performed ḥalîṣah with you, she is not preliminarily married.” And Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” “get wise, my son, and make me happy, that I can answer those who insult me”, “give to the wise that he shall become wiser,” “let the wise listen that he increase in knowledge.” Rebbi Simeon ben Laqish said, after all these praises I can explain it following Rebbi Aqiba since Rebbi Aqiba said that there exists a bastard from a sister-in-law!

Rebbi Yannai said: More than 30 Elders voted: from where that qiddushin have no legal effect on a sister-in-law? The verse says, “the wife of the deceased may not belong to any outside unrelated man”, that she cannot have any existence with an outsider. Rebbi Joḥanan said to him, is that not a Mishnah? “Or after your levir will have performed ḥalîṣah with you, she is not preliminarily married.” And Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” “get wise, my son, and make me happy, that I can answer those who insult me”, “give to the wise that he shall become wiser,” “let the wise listen that he increase in knowledge.” Rebbi Simeon ben Laqish said, after all these praises I can explain it following Rebbi Aqiba since Rebbi Aqiba said that there exists a bastard from a sister-in-law!

“On condition that my father agree; if the father agreed, she is preliminarily married; if the father does not agree, she is not preliminarily married;” silently he does not agree. “If the father died, she is preliminarily married;” silently he agreed. “If the son died, one instructs the father to say that he does not agree;” silently he agreed. Rebbi Joḥanan asked Rebbi Yannai, can the Mishnah say so? He answered him, do you ask wretched Yannai to explain Qiddušin? Rebbi Yannai returned and explained the Mishnah: “On condition that my father agree; if the father agreed, she is preliminarily married; otherwise she is not preliminarily married,” he said on condition that [the father] express his opinion but he did not. “If the father died, she is preliminarily married;” as if he had given his opinion. “If the son died, one instructs the father to say that he does not agree;” as if he had given his opinion. Rebbi Ze‘ira said [before Rebbi Yasa]: Can Rebbi Yannai explain the Mishnah as he wishes? He answered him, so says Rebbi Simeon ben Laqish, Rebbi does not refrain from stating generality and detail simultaneously. Rebbi Yose said, the Mishnah states thus: “On condition that I have a bet kor of arable land”, a generality; “at place X”, a detail.

“On condition that my father agree; if the father agreed, she is preliminarily married; if the father does not agree, she is not preliminarily married;” silently he does not agree. “If the father died, she is preliminarily married;” silently he agreed. “If the son died, one instructs the father to say that he does not agree;” silently he agreed. Rebbi Joḥanan asked Rebbi Yannai, can the Mishnah say so? He answered him, do you ask wretched Yannai to explain Qiddušin? Rebbi Yannai returned and explained the Mishnah: “On condition that my father agree; if the father agreed, she is preliminarily married; otherwise she is not preliminarily married,” he said on condition that [the father] express his opinion but he did not. “If the father died, she is preliminarily married;” as if he had given his opinion. “If the son died, one instructs the father to say that he does not agree;” as if he had given his opinion. Rebbi Ze‘ira said [before Rebbi Yasa]: Can Rebbi Yannai explain the Mishnah as he wishes? He answered him, so says Rebbi Simeon ben Laqish, Rebbi does not refrain from stating generality and detail simultaneously. Rebbi Yose said, the Mishnah states thus: “On condition that I have a bet kor of arable land”, a generality; “at place X”, a detail.

“On condition that my father agree; if the father agreed, she is preliminarily married; if the father does not agree, she is not preliminarily married;” silently he does not agree. “If the father died, she is preliminarily married;” silently he agreed. “If the son died, one instructs the father to say that he does not agree;” silently he agreed. Rebbi Joḥanan asked Rebbi Yannai, can the Mishnah say so? He answered him, do you ask wretched Yannai to explain Qiddušin? Rebbi Yannai returned and explained the Mishnah: “On condition that my father agree; if the father agreed, she is preliminarily married; otherwise she is not preliminarily married,” he said on condition that [the father] express his opinion but he did not. “If the father died, she is preliminarily married;” as if he had given his opinion. “If the son died, one instructs the father to say that he does not agree;” as if he had given his opinion. Rebbi Ze‘ira said [before Rebbi Yasa]: Can Rebbi Yannai explain the Mishnah as he wishes? He answered him, so says Rebbi Simeon ben Laqish, Rebbi does not refrain from stating generality and detail simultaneously. Rebbi Yose said, the Mishnah states thus: “On condition that I have a bet kor of arable land”, a generality; “at place X”, a detail.

“On condition that my father agree; if the father agreed, she is preliminarily married; if the father does not agree, she is not preliminarily married;” silently he does not agree. “If the father died, she is preliminarily married;” silently he agreed. “If the son died, one instructs the father to say that he does not agree;” silently he agreed. Rebbi Joḥanan asked Rebbi Yannai, can the Mishnah say so? He answered him, do you ask wretched Yannai to explain Qiddušin? Rebbi Yannai returned and explained the Mishnah: “On condition that my father agree; if the father agreed, she is preliminarily married; otherwise she is not preliminarily married,” he said on condition that [the father] express his opinion but he did not. “If the father died, she is preliminarily married;” as if he had given his opinion. “If the son died, one instructs the father to say that he does not agree;” as if he had given his opinion. Rebbi Ze‘ira said [before Rebbi Yasa]: Can Rebbi Yannai explain the Mishnah as he wishes? He answered him, so says Rebbi Simeon ben Laqish, Rebbi does not refrain from stating generality and detail simultaneously. Rebbi Yose said, the Mishnah states thus: “On condition that I have a bet kor of arable land”, a generality; “at place X”, a detail.

It was stated: “If a Gentile or a slave had intercourse with a Jewish woman, the child is a bastard; Rebbi Simeon ben Jehudah says in the name of Rebbi Simeon, the child is not a bastard, for a bastard is only from a woman forbidden to him by an incest prohibition for which the penalty is extirpation.” Both of them explained the same verse, “nobody may take his father’s wife, etc.” Rebbi Meïr explains: Since his father’s wife is special in that he cannot have preliminary marriage with her, but she could have preliminary marriage with others, and the child is a bastard, so in all cases in which she cannot have preliminary marriage with him, the child is a bastard. Rebbi Simeon ben Jehudah explains: Since his father’s wife is special in that she cannot have preliminary marriage with him, but she could have preliminary marriage with others, and the child is a bastard; this excludes the Gentile and the slave who cannot contract preliminary marriage with her or with others. Rebbi Samuel bar Abba questions that first Tanna: The sister-in-law who whored cannot have preliminary marriage with him or with others, but the child is qualified! Rebbi Yannai in the name of Rebbi: If a Gentile or a slave had intercourse with a Jewish woman, the child is a bastard. Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba, Rebbi Joshua ben Levi, in the name of Rebbi (Yannai ben) Rebbi: The child is neither qualified nor disqualified but dirtied. Rebbi Jonathan went with Rebbi Jehudah Neśia to the hot springs of Gadara. There, he instructed: The child is qualified. Rebbi Ze‘ira said, this child improves as time goes by. Rebbi declared the child dirtied, his grandson declared him qualified. Rebbi Abba bar Zavda instructed in the name of all rabbis: The child is qualified. Rebbi Bevai said before Rebbi Ze‘ira in the name of Rebbi Ḥanina: The child is qualified. Rebbi Ze‘ira said, if it is from that, one does not learn from a declaration. Rebbi Ḥizqiah said, I know the story from beginning to end. Rebbi Ḥama bar Ḥanina went up to the hot springs of Gadara. He visited his father who said to him: Be careful, because there are those who are disqualified, lest you injure them.

It was stated: “If a Gentile or a slave had intercourse with a Jewish woman, the child is a bastard; Rebbi Simeon ben Jehudah says in the name of Rebbi Simeon, the child is not a bastard, for a bastard is only from a woman forbidden to him by an incest prohibition for which the penalty is extirpation.” Both of them explained the same verse, “nobody may take his father’s wife, etc.” Rebbi Meïr explains: Since his father’s wife is special in that he cannot have preliminary marriage with her, but she could have preliminary marriage with others, and the child is a bastard, so in all cases in which she cannot have preliminary marriage with him, the child is a bastard. Rebbi Simeon ben Jehudah explains: Since his father’s wife is special in that she cannot have preliminary marriage with him, but she could have preliminary marriage with others, and the child is a bastard; this excludes the Gentile and the slave who cannot contract preliminary marriage with her or with others. Rebbi Samuel bar Abba questions that first Tanna: The sister-in-law who whored cannot have preliminary marriage with him or with others, but the child is qualified! Rebbi Yannai in the name of Rebbi: If a Gentile or a slave had intercourse with a Jewish woman, the child is a bastard. Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba, Rebbi Joshua ben Levi, in the name of Rebbi (Yannai ben) Rebbi: The child is neither qualified nor disqualified but dirtied. Rebbi Jonathan went with Rebbi Jehudah Neśia to the hot springs of Gadara. There, he instructed: The child is qualified. Rebbi Ze‘ira said, this child improves as time goes by. Rebbi declared the child dirtied, his grandson declared him qualified. Rebbi Abba bar Zavda instructed in the name of all rabbis: The child is qualified. Rebbi Bevai said before Rebbi Ze‘ira in the name of Rebbi Ḥanina: The child is qualified. Rebbi Ze‘ira said, if it is from that, one does not learn from a declaration. Rebbi Ḥizqiah said, I know the story from beginning to end. Rebbi Ḥama bar Ḥanina went up to the hot springs of Gadara. He visited his father who said to him: Be careful, because there are those who are disqualified, lest you injure them.

The brother of Rebbi Jehudah bar Zavdi in the name of [Rav]: As long as a baby lies in the public domain, either his father or his mother can testify about him. Once he was collected from the public domain, one needs two witnesses; its father and mother are like two witnesses. The rabbis of Caesarea in the name of Rav Ḥisda: That is, if the baby is not moving. But a baby which is moving needs two witnesses; its father and mother are like two witnesses. This parallels what Rebbi Yannai said: property rights on jumping calves and lambs cannot be proven by possession.

HALAKHAH: “If somebody take out his straw and his pressed olives,” etc. What did he acquire? The House of Yannai said, the increase in value. Samuel said, the substance.

Rebbi Aḥa said, would that not be obvious from the reasoning of the rabbis? Is the rebellious son liable for double restitution for his first theft? Or since he is warned of a capital offense should he be freed? Let us hear from the following: If somebody steals another’s wallet and removes it on the Sabbath he is liable since he already is liable for the theft of the wallet before he comes in conflict with the holiness of the Sabbath. Is he not forewarned of a capital offense and you say, he is liable! Here also, even though he is forewarned of a capital offense, you say that he has to be liable. Rebbi Yannai bar Ismael said, Rebbi Hoshaia follows his own opinion, as we have stated: He who takes out is guilty even if he did not put down. Similarly, he who takes out is guilty even if he did not take up with the intent to take out, for warning is possible only at the moment of his taking out. It was stated: If he was dragging it until he left, he is free since the obligations of capital crime and restitution falls on him simultaneously. Therefore, if both obligations do not fall on him simultaneously, he is liable. Rebbi Yose ben Rebbi Abun said, explain it with large pouches which usually are dragged; one cannot infer anything from this.

HALAKHAH: “If somebody split [wood] in a private domain,” etc. Rebbi Yose ben Ḥanina said, if he was splitting wood in his courtyard when a worker entered to claim his wages, and a splinter ricocheted and damaged him, he is liable. If he died he does not go into exile. But did not Rebbi Ḥiyya state, “he is not liable”? They do not disagree. What Rebbi Yose said, if he had seen him, but what Rebbi Ḥiyya said, if he had not seen him. If he had not seen him, once he said to him: enter, {should he not be liable? But did not Rebbi Ḥiyya state, “he is not liable”? Since he told him: enter, he has to take precautions. Some want to say, since he told him to enter it} becomes like the courtyard of partners, about which Rebbi Joḥanan said in the name of Rebbi Yannai: Partners acquire from one another in a courtyard and are mutually liable for damages. But did not Rav say: If he filled the entire public domain? And did this fill the entire public domain? They said, since he walks in the entire courtyard, it is as if he had filled the entire courtyard.

HALAKHAH: “A bull which gored four or five bulls,” etc. Rebbi Yannai said, Rebbi Meïr attacks him from two sides: As you take it, if it is yours, give it to me. If it is not yours, hand it over to me that I may satisfy my claim. But did not Rebbi Eleazar say, the guarding of damages parallels the guarding of acquisitions? Rebbi Jehudah told him, it was delivered to him for his damages but it remains a pledge.

HALAKHAH: “A bull belonging to a woman, a bull belonging to orphans,” etc. What is Rebbi Jehudah’s reason? “It was testified to before its owners and they did not watch it;” those have no owners who could be responsible for damages. Rebbi Hoshaia stated: In matters of damages, Rebbi Meïr declares liable but Rebbi Jehudah declares not liable. What about weregilt? Rebbi Pedat in the name of Rebbi Hoshaia: Everybody agrees that he is liable for weregilt. But some say, Rebbi Joḥanan in the name of Rebbi Yannai: Just as they disagree for damages so they disagree for weregilt. Rebbi Jeremiah asked before Rebbi Ze‘ira: How does one actually act? He said to him, following Rebbi Hoshaia that in matters of damages, Rebbi Meïr declares liable but Rebbi Jehudah declares not liable; therefore, in matters of weregilt everybody agrees that he is liable.

And Rebbi Yannai said, so is the Mishnah: He pays half of the damage from the cow and the owner of the calves returns a quarter to the owner of the cow. Rebbi Yose said, each of them gives half. What is the difference between them? If the calves died. According to him who said, he pays half of the damage from the cow and a quarter of the damage from the calf, each one pays his part of the damage. According to him who said, he pays half of the damage from the cow and the owner of the calves returns a quarter to the owner of the cow, one pays the damage, but the other one says, I did not want these, here they are before you.

HALAKHAH: “A pit dug by two partners,” etc. How is a pit of two partners possible? Rebbi Yannai said, explain it if they both together put in the last stone. And why did they not explain that each of them dug ten handbreadths? Because he wants to explain it for a pit ten handbreadths deep of two partners.

Rebbi Yannai said, in front of him, whether forward ot behind he is (not) liable. Outside, forward he is (not) liable, behind he is [not] liable.

HALAKHAH: “He who brings a flock into a corral,” etc. Rebbi La in the name of Rebbi Yannai: In disagreement. Rebbi Eleazar said, it is everybody’s opinion. Rebbi La said, Rebbi Eleazar’s statement is convincing since watching the animal itself is written only for “horn”. What about it? Rebbi Simeon ben Laqish said, in disagreement. Rebbi Eleazar said, it is everybody’s opinion. Some say, it follows Rebbi Eliezer ben Jacob who said, in no case is he liable.

It was stated: “One does not estimate a bet kor because it would diminish, nor a bet qab because it would inflate. But one estimates a bet se’ah of the field in question, how much it was worth and how much is it worth now. Rebbi Jehudah said, when? If it ate shoots of the fig tree or plucked shoots of vines. But if it ate unripe grapes or unripe figs, one estimates them as fully grown fruits. Rebbi Jehudah said in the name of Rebbi Aqiba: If it ate fully grown produce, he pays for fully grown produce, [fruits of] trees, one estimates trees for him. Trees one estimates by the bet se’ah. Rebbi Simeon ben Jehudah said in the name of Rebbi Aqiba: Produce not yet one-third ripe is estimated under the rules of trees.” In the House of Rebbi Yannai they said, one estimates a three-qab in sixty three-qabs. Rebbi Yose ben Rebbi Ḥanina said, one estimates a stalk in sixty stalks.

There is a rule about the slaughterer which does not apply to the seller and to the seller which does not apply to the slaughterer, for he who slaughters on the Sabbath is criminally liable but he who sells on the Sabbath cannot be prosecuted. Rebbi Yannai ben Rebbi Ismael said, we find a case of sale for which one is criminally liable on the Sabbath. Think of it, if somebody said to another: tear something off from this ground to acquire, did he not acquire? Rebbi Yose ben Rebbi Abun said, the tearing makes him liable, not the sale.

If he robbed a stole and gave it to another person. Rebbi Eleazar said in the name of Rebbi Ḥiyya, one takes away from the first one but not from the second. Rebbi Joḥanan in the name of Rebbi Yannai said, one takes away even from the second. Rebbi Abba bar Mamal said, even Rebbi Ḥiyya will agree with this since Rebbi Ḥiyya said, one takes away even from the second.

HALAKHAH: “The tailor who had enough thread left,” etc. Rebbi Ḥiyya stated: A needle full. The House of Rebbi Ḥiyya explained: Twice a needle full. Bar Qappara stated: The stitching with a needle. The House of Rebbi Yannai explained: twice the stitching of a needle. Do they disagree? What Rebbi Ḥiyya stated, a needle full, the House of Rebbi Ḥiyya explained: Twice a needle full. What Bar Qappara stated: the stitching with a needle, the House of Rebbi Yannai explained: twice the stitching of a needle.

HALAKHAH: “The tailor who had enough thread left,” etc. Rebbi Ḥiyya stated: A needle full. The House of Rebbi Ḥiyya explained: Twice a needle full. Bar Qappara stated: The stitching with a needle. The House of Rebbi Yannai explained: twice the stitching of a needle. Do they disagree? What Rebbi Ḥiyya stated, a needle full, the House of Rebbi Ḥiyya explained: Twice a needle full. What Bar Qappara stated: the stitching with a needle, the House of Rebbi Yannai explained: twice the stitching of a needle.

HALAKHAH: “If somebody lease a cow from another person,” etc. But does he have permission to lend it? Did not Rebbi Ḥiyya state: “The borrower cannot lend, nor the lessee lease, nor the borrower lease, nor the lessee lend, unless he received permission from the owners.” Rebbi La said in the name of Rebbi Yannai: Only if he gave permission to lease. And here, only if he gave permission to let him be a steward. Rebbi Abbahu asked: If the owners borrowed it and it died of natural causes, should the lessee swear that it died a natural death and the borrower pay the renter? Rebbi Abinna said, if they ate it, they ate their own property. “Rebbi Yose said, how can this one treat another person’s cow as his merchandise? But [the value of] the cow shall be returned to its owner.”

Rebbi Joḥanan gave denars to a relative of his for oil. The oil rose in price. He went and asked Rebbi Yannai who told him, by Torah standards money acquires, but why did they say it does not acquire? Lest [the seller] tell him, your wheat was burned in the storage room. Rebbi Samuel ben Sosartai in the name of Rebbi Abbahu: If [the seller] told him, your wheat was burned in the storage room, he is trustworthy. Rebbi Isaac objected: Where do we hold? If his money had acquired for him, his property would have been burned. But if his money had not acquired for him, the other’s property was burned.

“He may use it for Second Tithe without hesitation since it is only miserly.” Jacob bar Zavdi, Rebbi Joḥanan in the name of Rebbi Simon: One does not add a fifth for any Second Tithe which in itself is not worth a peruṭah. Rebbi Joḥanan in the name of Rebbi Yannai: One does not add a fifth for any Second Tithe for which the fifth is not worth a peruṭah. A baraita supports the one, a baraita supports the other. As it was stated: “From its tithe,” except what is worth less than a peruṭah. This means, not unless itself is worth a peruṭah. Another Tanna states: “From its tithe, its fifths” except if it is worth less than a peruṭah. This means, not unless the fifth is worth a peruṭah. Rebbi Abin bar Mamal said, our Mishnah follows neither one since we have stated “there are five peruṭot”, but we did not state “not unless itself is worth a peruṭah”; we have stated “there are five fifths”, but we did not state “not unless the fifth is worth a peruṭah”.

HALAKHAH: “What is biting,” etc. Rebbi Yannai said, this is interest which is taken away by the judges. They asked before Rebbi Joḥanan, can interest be taken away by the judges? He said, if it were so, nothing would be left for the great people of the Land of Israel. Rebbi Joḥanan agrees that no document obligates another. Rebbi Joḥanan agrees that if the document exists one subtracts [the interest].

HALAKHAH: “One does not contract for produce,” etc. May one contract based on Saracens’ rates? Rebbi Joḥanan says, one may contract; Rebbi Simeon ben Laqish said, one may not contract. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: Would it not be reasonable that Rebbi Simeon ben Laqish agree with Rebbi Joḥanan about rates of Saracens of Sepphoris, since that is uninterrupted? Rebbi Abun bar Cahana said, I am wondering about what the rabbis disagree? Whether contracting for produce, or contracting for money, or a loan on produce? Rebbi Jeremiah said, they disagree about a loan, but about (a hostelry) [a contract] everybody agrees that it is forbidden. Rebbi Yose said, they disagree about a contract, but about a loan everybody agrees that it is permitted. In the House of Rebbi Yannai they said, one contracts for cattle feed. Rebbi Yose ben Ḥanina said, also on honeycombs. Rebbi Joḥanan said, in all villages near Tiberias one contracts once the rate was established at Tiberias.

HALAKHAH: “Somebody who rented a donkey,” etc. One understands on the mountain, but he led it in the valley. In the valley, but he led it on the mountain? Rebbi Simeon ben Yaqim said, if it died because of the air. Rebbi Dositheos ben Yannai said, if it was bitten by a snake. Rebbi Joḥanan said, it is Rebbi Meïr’s who said, anybody who deviates from the owner’s instructions is called a robber.

HALAKHAH: “A worker may eat zucchini even for a denar’s worth,” etc. Rebbi Eleazar ben Antigonos says in the name of Rebbi Eleazar ben Rebbi Yannai, this means that a worker may eat more than his [daily] wages. But some say, Rebbi Joḥanan in the name of Rebbi Yannai: This means that a worker may eat the first or the last bunch of grapes.

HALAKHAH: “A worker may eat zucchini even for a denar’s worth,” etc. Rebbi Eleazar ben Antigonos says in the name of Rebbi Eleazar ben Rebbi Yannai, this means that a worker may eat more than his [daily] wages. But some say, Rebbi Joḥanan in the name of Rebbi Yannai: This means that a worker may eat the first or the last bunch of grapes.

HALAKHAH: “Two vegetable gardens,” etc. What shall one do? Ephraim in the name of Rebbi Simeon ben Laqish said, they shall split. In the House of Rebbi Yannai they say, up to ten handbreadths. Rebbi Joḥanan said in the name of Rebbi Yannai: Only he shall not force himself.

HALAKHAH: “Two vegetable gardens,” etc. What shall one do? Ephraim in the name of Rebbi Simeon ben Laqish said, they shall split. In the House of Rebbi Yannai they say, up to ten handbreadths. Rebbi Joḥanan said in the name of Rebbi Yannai: Only he shall not force himself.

HALAKHAH: “One does not divide the courtyard,” etc. Rebbi Joḥanan said, the four cubits which they mentioned are outside the four cubits of the doors. Bar Kappara stated thus: One does not subdivide a courtyard unless there be eight cubits for each party. Rebbi Joḥanan said, the four cubits which they mentioned are not acquired by him but they are for him to park his animal temporarily and unload his package. Rebbi Jonathan asked: did they only say for him to park his animal temporarily and unload his package temporarily? It was found stated: also the circular enclosure of a cistern has four cubits. They said in the House of Rebbi Yannai: the chicken coop also has four cubits.

HALAKHAH: “If somebody’s wall was,” etc. In the House of Rebbi Yannai they said, the Mishnah speaks of those coming first to settle in a new town. Rebbi La said, The Mishnah speaks of a sealed wall. Rebbi Yose said, the Mishnah speaks of a barricade wall. Rebbi Yose ben Rebbi Abun said, the Mishnah says so: “If there are windows, on top, from below, and on equal height, four cubits.” On top four cubits, lest he could stand and see; from below four cubits, lest he could stand and see; at equal hight lest he obscure the sides. This was stated: “One distances the wall from a window by the size of a window.”

HALAKHAH: “One distances carcasses,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: To the place where one prepares the skins. In the House of Rebbi Yannai they said, up to the place where one might smell what he makes. It was stated so: “Rebbi Aqiba says, he may build it in any direction and distances himself, except to the West because that [wind] is frequent.” Rebbi Mana went to accompany a person afflicted with a skin disease. His father told him, do not walk to the East of him but rather to the West of him.

Simeon bar Abba in the name of Rebbi Joḥanan: If someboldy is selling a house to another, when he delivered the key [the buyer] took possession. Rebbi Immi in the name of Rebbi Joḥanan: If somebody is selling a house to another, when [the buyer] stored produce there, he took possession. Rebbi Samuel bar Rav Isaac said, only produce usually stored. Rebbi Joḥanan in the name of Rebbi Yannai: If somebody is selling a cistern to another, when he handed over its pails [the buyer] took possession. Rebbi Joshua ben Levi in the name of Rebbi Simeon ben Laqish: If somebody sold a flock to another person, when [the seller] delivered the maškokît, [the buyer] took possession. What is maškokît? Some say, the shepherd’s staff. But some say, a pandura. And some say, the bell-wether. Rebbi Simeon ben Laqish in the name of Bar Qappara: If somebody is selling a burial chamber to another, when that one buried there one dead it is confirmation of claim for the entire chamber. When he buried three dead in three chambers, it is confirmation of claim for the entire burial cavern.

In the House of Rebbi Yannai they said, up to three steps it is like a chair. Rebbi La said in the name of the House of Rebbi Yannai, this was said referring to impurity. Rebbi Ḥizqiah said in the name of the House of Rebbi Yannai, this was said referring to rights of possession. Rebbi Yose in the name of the House of Rebbi Yannai, this was said referring to the Sabbath.

In the House of Rebbi Yannai they said, up to three steps it is like a chair. Rebbi La said in the name of the House of Rebbi Yannai, this was said referring to impurity. Rebbi Ḥizqiah said in the name of the House of Rebbi Yannai, this was said referring to rights of possession. Rebbi Yose in the name of the House of Rebbi Yannai, this was said referring to the Sabbath.

In the House of Rebbi Yannai they said, up to three steps it is like a chair. Rebbi La said in the name of the House of Rebbi Yannai, this was said referring to impurity. Rebbi Ḥizqiah said in the name of the House of Rebbi Yannai, this was said referring to rights of possession. Rebbi Yose in the name of the House of Rebbi Yannai, this was said referring to the Sabbath.

In the House of Rebbi Yannai they said, up to three steps it is like a chair. Rebbi La said in the name of the House of Rebbi Yannai, this was said referring to impurity. Rebbi Ḥizqiah said in the name of the House of Rebbi Yannai, this was said referring to rights of possession. Rebbi Yose in the name of the House of Rebbi Yannai, this was said referring to the Sabbath.

HALAKHAH: “A protrusion down to one handbreadth establishes a right of possession,” etc. Rebbi La in the name of Rebbi Yannai: If the molding is [up to] one handbreadth wide he may extend it all the way, to draw it all the way. Nathan, Rebbi Hoshaia: About one who divides his house.

HALAKHAH: 8: “He who sells a field,” etc. Halakhah 9: “But he sold neither,” etc. Halakhah 10: “Neither the cistern,” etc. Halakhah 11: “If somebody dedicated a field to the Temple,” etc. In the House of Rebbi Yannai they said, poles for vines. The Elder Rebbi Ḥiyya asked, if there were split rings to select? Rebbi Isaac bar Tebelai asked, if there were marble plates for walls? Rebbi Yudan ben Rebbi Ismael asked: If there were split rods to frame windows?

The conditions which Joshua imposed. Rebbi Levi ben Birai in the name of Rebbi Joshua ben Levi: four. One may collect grasses everywhere except from a field of fenugreek where it is forbidden because of robbery. There, we have stated: “Or fenugreek where grasses appeared, one does not require him to weed.” So is the Mishnah: One does not require him to uproot. As one of Joshua’s conditions you say, one may collect grasses everywhere except from a field of fenugreek where it is forbidden because of robbery. This implies that he does not want them. He said, there if he sowed it to make sheaves, but here when he sowed it for seeds. Did Joshua made conditions for the benefit of sinners? Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: He would like it if they were uprooted and lying before him. And he mentions a vineyard field, as Rebbi Yannai said: all spontaneous growth is forbidden except for what appears on a fallow field, or a field ready to be ploughed under, a vineyard or a field grown for seeds. A fallow field, for he does not care. A field ready to be ploughed under, for he wants to improve his field. A vineyard, not to forbid his vineyard. A field grown for seeds, for he does not want it; and if you say he does, he would like it if they were uprooted and lying before him.

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

HALAKHAH: “If somebody says to another: I am selling you a bet kor of dust,” etc. Rebbi Yasa said in the name of Rebbi Joḥanan: Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it is in the middle, it is measured, at the side it is not measured. What is a side and what is in the middle? In the House of Rebbi Yannai they said, any place surrounded by a ploughed area is in the middle; any place not surrounded by a ploughed area is to the side. Rebbi Yose came in the name of Rebbi Joḥanan: If it was a majority on one side, but if you spread it, it becomes a smaller part, and it is measured with it. How wide? Rebbi Ḥaggai said, up to four cubits. Rebbi Yose ben Rebbi Abun said, up to ten handbreadths. If there was a depression ten handbreadths deep but less than four wide, what is the rule? Let us hear from the following, what Rebbi Yasa said in the name of Rebbi Joḥanan: “Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it was split, it is measured with it.” This means that if the greater part of it was on one side, but if you spread it, it becomes the smaller part and is not measured with it. If there was a long depression which added up to a bet rova‘? Rebbi Ḥiyya bar Abba asked: If it was shaped like sticks, is it measured with it or not? Rebbi Yudan bar Ismael asked: If it was like marble plates, is it measured with it or not? Rebbi Isaac bar Tebelai asked: If it was formed like chairs, does he measure from the place of its wall or does he measure from its declivity? Rav Huna in the name of Rav, [Rebbi] Ḥiyya in the name of Rebbi Joḥanan: Only if the total agricultural area was four bet kor.

So far a daughter. A son? Since the daughter, whose power is diminished regarding the father’s property, has her power increased regarding the mother’s property, should the son’s power not be increased regarding the mother’s property, since his power is increased regarding the father’s property? It turns out that for the daughter one infers from the verse and for the son from an argument de minore ad majus. Does the son precede the daughter? Rebbi Simeon ben Eleazar said in the name of Rebbi Zachariah the butcher’s son: So did Rebbi Simeon ben Jehudah say in the name of Rebbi Simeon: Both son and daughter are equal for the mother’s tribe Rebbi Mallukh in the name of Rebbi Joshua ben Levi: Practice follows Rebbi Zachariah. Rebbi Yannai the Kappadokian had a case; the judges were Rav Huna, Rebbi Jehudah ben Pazi, and Rebbi Aḥa. Rebbi Aḥa told them: Our brothers outside the Land are unqualified and err in practice; in particular they rely on Rebbi Mallukh in the name of Rebbi Joshua ben Levi, but it is not so. Rebbi Simon in the name of Rebbi Joshua ben Levi: Practice does not follow Rebbi Zachariah. Rebbi Abba the son of Rebbi Ḥiyya in the name of Rebbi Joḥanan: Practice does not follow Rebbi Zachariah. Rebbi Eleazar the father of Rebbi Isaac bar Naḥman in the name of Rebbi Hoshaiah: Practice does not follow Rebbi Zachariah. Rebbi Yannai and Rebbi Joḥanan were sitting when Rebbi Yudan the Prince came and asked concerning: “Any daughter who is an heiress of the tribes,” what is the rule? He said to him, it binds the father’s tribe together with the mother’s tribe. Since from the father’s tribe there is nothing for the daughter when there is a son, so also from the mother’s tribe there is nothing for the daughter when there is a son. Or is it the other way around? Since from the mother’s tribe there is something for the daughter when there is a son, so also from the father’s tribe is there something for the daughter when there is a son? Rebbi Joḥanan said to him, let us leave; that man does not want to listen to words of instruction.

So far a daughter. A son? Since the daughter, whose power is diminished regarding the father’s property, has her power increased regarding the mother’s property, should the son’s power not be increased regarding the mother’s property, since his power is increased regarding the father’s property? It turns out that for the daughter one infers from the verse and for the son from an argument de minore ad majus. Does the son precede the daughter? Rebbi Simeon ben Eleazar said in the name of Rebbi Zachariah the butcher’s son: So did Rebbi Simeon ben Jehudah say in the name of Rebbi Simeon: Both son and daughter are equal for the mother’s tribe Rebbi Mallukh in the name of Rebbi Joshua ben Levi: Practice follows Rebbi Zachariah. Rebbi Yannai the Kappadokian had a case; the judges were Rav Huna, Rebbi Jehudah ben Pazi, and Rebbi Aḥa. Rebbi Aḥa told them: Our brothers outside the Land are unqualified and err in practice; in particular they rely on Rebbi Mallukh in the name of Rebbi Joshua ben Levi, but it is not so. Rebbi Simon in the name of Rebbi Joshua ben Levi: Practice does not follow Rebbi Zachariah. Rebbi Abba the son of Rebbi Ḥiyya in the name of Rebbi Joḥanan: Practice does not follow Rebbi Zachariah. Rebbi Eleazar the father of Rebbi Isaac bar Naḥman in the name of Rebbi Hoshaiah: Practice does not follow Rebbi Zachariah. Rebbi Yannai and Rebbi Joḥanan were sitting when Rebbi Yudan the Prince came and asked concerning: “Any daughter who is an heiress of the tribes,” what is the rule? He said to him, it binds the father’s tribe together with the mother’s tribe. Since from the father’s tribe there is nothing for the daughter when there is a son, so also from the mother’s tribe there is nothing for the daughter when there is a son. Or is it the other way around? Since from the mother’s tribe there is something for the daughter when there is a son, so also from the father’s tribe is there something for the daughter when there is a son? Rebbi Joḥanan said to him, let us leave; that man does not want to listen to words of instruction.

One who said, my property should be given to X, if X died to Y, if Y died to Z. The one who was mentioned earlier receives the property earlier. If the second died during the first’s lifetime, the first one has the usufruct; when he dies the property reverts to heirs of the bequeather. If the third died during the second’s lifetime, the first one has the usufruct; when he dies the property reverts to heirs of the bequeather. If both the second and the third die during the first’s lifetime, the first has the usufruct and acquired the real estate, the words of Rebbi. Rabban Simeon ben Gamliel said, he only has the usufruct. Ḥizqiah said, practice follows Rebbi. Rebbi Yannai said, Rebbi agrees that he cannot dispose of it by a death-bed will. Rebbi Joḥanan said, not even as a gift from a healthy person. As in the following: A woman wrote her properties over to a certain man. She needed money and sold it to her husband. Rebbi Ḥiyya bar Madia brought the case before Rebbi Yose. Did not Rebbi Yannai say, Rebbi agrees that he cannot dispose of it by a death-bed will? Rebbi Joḥanan said to him, is that not the gift of a healthy person? Since the husband of this woman is obligated to provide for her food, is that not like a death-bed will? So far, he is obligated to provide for her bread and legumes. Maybe eggs? Maybe chicken? Since it was stated that the first has the usufruct and acquired the real estate, that means that she may sell the property even in order to eat delicacies. Rebbi Aḥa bar Jacob said, it was stated there that her burial is part of her upkeep. If she did not have a burial site, since it was stated that the first has the usufruct and acquired the real estate, it means that he may sell the real estate and acquire a burial site.

One who said, my property should be given to X, if X died to Y, if Y died to Z. The one who was mentioned earlier receives the property earlier. If the second died during the first’s lifetime, the first one has the usufruct; when he dies the property reverts to heirs of the bequeather. If the third died during the second’s lifetime, the first one has the usufruct; when he dies the property reverts to heirs of the bequeather. If both the second and the third die during the first’s lifetime, the first has the usufruct and acquired the real estate, the words of Rebbi. Rabban Simeon ben Gamliel said, he only has the usufruct. Ḥizqiah said, practice follows Rebbi. Rebbi Yannai said, Rebbi agrees that he cannot dispose of it by a death-bed will. Rebbi Joḥanan said, not even as a gift from a healthy person. As in the following: A woman wrote her properties over to a certain man. She needed money and sold it to her husband. Rebbi Ḥiyya bar Madia brought the case before Rebbi Yose. Did not Rebbi Yannai say, Rebbi agrees that he cannot dispose of it by a death-bed will? Rebbi Joḥanan said to him, is that not the gift of a healthy person? Since the husband of this woman is obligated to provide for her food, is that not like a death-bed will? So far, he is obligated to provide for her bread and legumes. Maybe eggs? Maybe chicken? Since it was stated that the first has the usufruct and acquired the real estate, that means that she may sell the property even in order to eat delicacies. Rebbi Aḥa bar Jacob said, it was stated there that her burial is part of her upkeep. If she did not have a burial site, since it was stated that the first has the usufruct and acquired the real estate, it means that he may sell the real estate and acquire a burial site.

HALAKHAH: “If he is survived by adult and underage children,” etc. Rebbi La said, “if they said” in court. In the House of Rebbi Yannai they said, even a jug. Rav said, even a basket, even an axe. Rebbi Ḥiyya stated: Even a needle, even a thread to tie down.

HALAKHAH: “If a bedridden person distributed all his properties to others,” etc. Rav Jeremiah in the name of Rav: If he reserved any movables, he did not do anything. But if he reserved money and bought real estate it is as if he reserved real estate. And what you say that if he did not reserve any real estate his gift is not a gift, if he did (not) recuperate. But if he did [not] recuperate, that is the case about which Rebbi Joḥanan said in the name of Rebbi Yannai, they treated words of a bedridden person like those of a healthy person who wrote and delivered; but only if he died from that sickness. If a critically ill person distributed his property, whether on a weekday or on the Sabbath, what he did is valid. But if he was healthy [it is valid] only if he wrote “by money, or contract, or possession.”

Rebbi Yannai in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah: “If [in the document] it was not written ‘bedridden’ but he says, I was bedridden,” etc. Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” etc. A young man was selling his properties. The case came before Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan. Rebbi Ḥiyya bar Joseph said, the presumption is that they signed for a mentally capable person. Rebbi Joḥanan said, since he undertook to uproot the properties from the family, he has to bring proof. Rebbi Joḥanan said, the holder of documents is advantaged. Rebbi Yasa asked before Rebbi Joḥanan, how about Rebbi, since Rebbi said, the holder of documents is disadvantaged? He told him, everybody agrees that the holder of documents is advantaged. But how could you say that a case came before Rebbi Ḥiyya bar Joseph who said, the presumption is that they signed for a mentally capable person. And you said, since he undertook to uproot the properties from the family to another family, he has to bring proof! He told him, I never said this. Rebbi Ze‘ira said before Rebbi Yasa, even if Rebbi Joḥanan wants to deny it, did not Rebbi Yannai say in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah? This is the opinion of the Sages who follow Rebbi.

Rebbi Yannai in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah: “If [in the document] it was not written ‘bedridden’ but he says, I was bedridden,” etc. Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” etc. A young man was selling his properties. The case came before Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan. Rebbi Ḥiyya bar Joseph said, the presumption is that they signed for a mentally capable person. Rebbi Joḥanan said, since he undertook to uproot the properties from the family, he has to bring proof. Rebbi Joḥanan said, the holder of documents is advantaged. Rebbi Yasa asked before Rebbi Joḥanan, how about Rebbi, since Rebbi said, the holder of documents is disadvantaged? He told him, everybody agrees that the holder of documents is advantaged. But how could you say that a case came before Rebbi Ḥiyya bar Joseph who said, the presumption is that they signed for a mentally capable person. And you said, since he undertook to uproot the properties from the family to another family, he has to bring proof! He told him, I never said this. Rebbi Ze‘ira said before Rebbi Yasa, even if Rebbi Joḥanan wants to deny it, did not Rebbi Yannai say in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah? This is the opinion of the Sages who follow Rebbi.

Rebbi Yannai in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah: “If [in the document] it was not written ‘bedridden’ but he says, I was bedridden,” etc. Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” etc. A young man was selling his properties. The case came before Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan. Rebbi Ḥiyya bar Joseph said, the presumption is that they signed for a mentally capable person. Rebbi Joḥanan said, since he undertook to uproot the properties from the family, he has to bring proof. Rebbi Joḥanan said, the holder of documents is advantaged. Rebbi Yasa asked before Rebbi Joḥanan, how about Rebbi, since Rebbi said, the holder of documents is disadvantaged? He told him, everybody agrees that the holder of documents is advantaged. But how could you say that a case came before Rebbi Ḥiyya bar Joseph who said, the presumption is that they signed for a mentally capable person. And you said, since he undertook to uproot the properties from the family to another family, he has to bring proof! He told him, I never said this. Rebbi Ze‘ira said before Rebbi Yasa, even if Rebbi Joḥanan wants to deny it, did not Rebbi Yannai say in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah? This is the opinion of the Sages who follow Rebbi.

Ḥizqiah said, only for leniency. If the witnesses’ handwriting was small and the text large, one follows the large. If the witnesses’ handwriting was large and the text small, one follows the small. Rebbi Isaac says: If his name was, e. g., Yose ben Yannai one estimates as if it were Melekh ben Melekh.

“One intercalates neither because of the cold, nor because of the rains; if they did intercalate it is not intercalated. One intercalates neither because of kid goats nor because of pigeon chicks, nor because of milk [lambs]; but all of them are ancillary reasons for the year. Rebbi Yannai said that Rabban Gamliel used to say: The sheep are thin and the pigeon chicks small; it appears good in my eyes and in those of my colleagues to add thirty days to the year.”

When the government was oppressing the first time, Rebbi Yannai instructed to plough a single ploughing. An apostate was passing by; he saw the putting up of the harrow. He said to them, hey you! Is it permitted for you to plough? Is it permitted for you to put up the harrow?

Rebbi Jacob bar Zavdi said, I asked before Rebbi Abbahu: Did not [Rebbi] Zeˋira and Rebbi Joḥanan in the name of Rebbi Yannai, Rebbi Jeremiah, Rebbi Joḥanan in the name of Rebbi Simeon ben Yehoṣadaq, say that they voted on the upper floor of the Niṭzah house in Lydda: About all the Torah, if a Gentile tells a Jew to transgress any commandment of the Torah except those concerning idolatry, incest and adultery, and murder, he should transgress and not be killed. That is in private, but in public he should not follow him even for the slightest commandment, as exemplified by Pappos and his brother Julianus to whom they gave water in a colored glass and they did not accept. He said, they do not intend to lead you to apostasy, they only want to collect annona. What means “in public”? The rabbis of Caesarea say ten, as it is written: I shall be sanctified in the midst of the Children of Israel.

They saw the young Rebbi Bina collecting donkey’s dung on the Sabbath. Rebbi Jonah and Rebbi Yose permitted baking for Ursicinus on the Sabbath. Rebbi Mana said, I asked before my father Rebbi Jonah, did not Rebbi Zeˋira and Rebbi Joḥanan in the name of Rebbi Yannai, Rebbi Jeremiah, Rebbi Joḥanan in the name of Rebbi Simeon ben Yehoṣadaq, say that they voted on the upper floor of the Niṭzah house in Lydda, etc.? He said, he did not intend to lead you to apostasy, he only wanted to eat warm bread.. What means “in public”? The rabbis of Caesarea say ten, as it is written: I shall be sanctified in the midst of the Children of Israel.

Rebbi Berekhiah and Rebbi Ḥelbo, Rebbi Abba in the name of Rebbi Yannai: The claimant claims, the respondent responds, and the judge decides. Rebbi Simon said, the judge has to repeat their arguments, as it is said: The king said, this one says, my son is the living and yours is the dead one, etc.

HALAKHAH: “Civil suits are decided,” etc. Rebbi Yannai said, if the Torah had been given decided, no foot could stand. What is the reason? The Eternal spoke to Moses. He said before Him: Master of the Universe, inform me what is the practice. He told him, to bend after the majority. If there was a majority for acquitting, they acquitted; if there was a majority for convicting, they convicted; so that the Torah could be explained in 49 ways impure and 49 ways pure, the numerical value of ודגלו. And so it says: the commands of the Eternal are pure sayings; molten silver in an earthenware crucible, refined sevenfold. And it says, the straightforward love You.

Could one not judge him on Fridays, pass sentence on the Sabbath, and execute him after the Sabbath? If you say so, it turns out that his judgment is delayed. Rebbi Simeon ben Laqish asked, could he not be judged on the Sabbath, have his sentence passed on the Sabbath, and be executed on the Sabbath? Temple service, which supersedes Sabbath prohibitions, is pushed aside by obligatory executions, since it is said, from My altar take him to be executed. Therefore the Sabbath, which is pushed aside by Temple service, logically should be pushed aside by obligatory executions. Rebbi La in the name of Rebbi Yannai: This implies that courts may not sit on the Sabbath; what is the reason? It is said here, in all your dwellings, and it is said there, these shall be for you legal procedures for your generations in all your dwellings. Since there the verse refers to courts, so also here the verse refers to courts.

Rebbi Joshua ben Hanania said: I am able to take gourds and watermelons and turn them into rams and deer who would produce rams and deer. Rebbi Yannai said, I was walking on a road in Sepphoris when I saw a Minean taking a pebble, throwing it into the air, after which it came down transforming itself into a calf. But did not Rebbi Eleazar say in the name of Rebbi Yose ben Zimra: If all people of the world came together, they could not create one mosquito and bring it to life. Let us say that this Minean did not take a pebble, threw it into the air, after which it came down transforming itself into a calf, but he called on his genie who stole a calf for him from a cattle barn and brought it to him.

This is the principle: One flogs for any prohibition involving an action, but one does not flog if there is no action except for one who substitutes, or swears, or curses a fellow man by the Name. Rebbi Abbahu in the name of Rebbi Joḥanan: This does not include one who substitutes; substituting implies speech and action. From where one who swears falsely? Rebbi Joḥanan in the name of Rebbi Yannai: For the Eternal will not cleanse; but the judges will cleanse him. From where one who cursed his fellow man by the Name? Rebbi Simeon ben Laqish in the name of Rebbi Hoshaia: To fear the Name, etc. The one who swears falsely in the opinion of Rebbi Simeon ben Laqish from where? Since he swore falsely, he does not fear. The one who cursed his fellow man by the Name in the opinion of Rebbi Simeon ben Laqish from where? Since he cursed, he does not fear. What is the difference between them? If one swore falsely and cursed a fellow man by the Name. In Rebbi Joḥanan’s opinion he is liable for two [punishments]. In Rebbi Simeon ben Laqish’s opinion he is only liable for one.

Rebbi Joḥanan in the name of Rebbi Yannai, as our Mishnah. But some say, Rebbi Abbahu in the name of Rebbi Joḥanan, so is our Mishnah: “Rebbi Meïr declares liable but Rebbi Jehudah declares not liable.” Rebbi Meїr follows his own opinion and Rebbi Jehudah follows his own opinion, as we have stated: “If he cursed them by a substitute name, Rebbi Meїr declares him guilty but the Sages free him from prosecution.”

“Give me the wheat, and the barley,” etc. Rebbi Joḥanan said, the words of Rebbi Jehudah imply collectively one sacrifice, in detail three sacrifices. How is this? A detail wheat, a detail barley, a detail spelt. Collectively one sacrifice, in detail three sacrifices. Detail a third wheat, detail a third barley, detail a third spelt, are these taken together? Come and see; although he holds many details, even so they can be formulated collectively or in detail. In which respect? To make him liable for sacrifices. If he held four kinds, two kinds in one detail, two kinds on two details. even so they can be formulated collectively or in detail. As Rebbi Joḥanan said in the name of Rebbi Yannai: “And I am greeting X,” one can assume that he signed concerning everything; “I am greeting X,” he signed only for the greeting. Rebbi Simeon ben Laqish said, “I am greeting X,” one can assume that he signed concerning everything. What means “collectively”? Rebbi Joḥanan said, “X divorces Y and Z U.” What means “collectively”? Rebbi Simeon ben Laqish said, “We, X and Z, divorce our wives at place A.” Rebbi Ze`ira said, Rebbi Joḥanan agrees that if he mentions divorce for each one separately that he needs the typical text and witnesses for each one separately. The strength of Rebbi Joḥanan is from the following: “ ‘That I shall not benefit from this one; a qorban for this one and a qorban for that one.’ Each single one needs a separate opening.” Rebbi Yose said, the Mishnah supports Rebbi Joḥanan: “If he wrote a separate text for each of them and the witnesses signed at the end, [only] the one with which the witnesses are read is valid.”

Samuel said. the detailed statement for Rebbi Meїr is the general statement for Rebbi Jehudah; the detailed statement for Rebbi Jehudah is the general statement for Rebbi Meїr. Rebbi Samuel said in the name of Rebbi Ze`ira, the words of the rabbis show that the detailed statement for Rebbi Meïr is not the general statement for Rebbi Jehudah and the detailed statement for Rebbi Jehudah is not the general statement for Rebbi Meïr, as Rebbi Joḥanan said in the name of Rebbi Yannai: “And I am greeting X,” one can assume that he signed concerning everything; “I am greeting X,” he only signed for the greeting. If you would say that the detailed statement for Rebbi Meїr is the general statement for Rebbi Jehudah, even if he said “I am greeting X,” can one assume that he signed everything? Rebbi Yose said, the Mishnah implies that the detailed statement for Rebbi Jehudah is not the general statement for Rebbi Meїr, as we have stated: “Rebbi Meїr says, even if he says, ‘wheat, and barley, and spelt,’ he is liable for each single one;” and nobody says “even” unless he agrees to an earlier statement. Rebbi Ḥinena said, in Rebbi Meïr’s opinion, whether he said, “wheat, and barley, and spelt,” or “wheat, barley, spelt,” it is a general statement and details. In Rebbi Jehudah’s opinion, if he said, “wheat, and barley, and spelt,” it is a general statement and details. If he said “wheat, barley, spelt,” it is a general statement without details.

Rav Hoshaia said before Rebbi Immi in the name of the rabbis there: the oath returned to Sinai. Rebbi Joḥanan in the name of Rebbi Yannai: the oath returned to the parties. He who said, the oath returned to Sinai, it is as if there was no testimony; the burden of proof is on the claimant. He who said, the oath returned to the parties, since that man is suspect and cannot swear for me, get up and pay me.

“Similarly, the orphans can collect only by an oath;” etc. Rebbi Joḥanan in the name of Rebbi Yannai: One pays from an orphan’s property only if interest is due; Rebbi Nathan says, also a woman’s ketubah. Rebbi Mana said, because of her sustenance. Rebbi Mattania said, who is worried about sustenance? Rebbi Simeon! Since Rebbi Simeon said, all depends on the female. What about it? For attraction, that everybody should jump to marry her. Rebbi Nathan said, also for robbery and torts. Rebbi Yose said, we stated both of these. Robbery from the following: “If it was mortgageable, he has to pay.” For torts from the following: “One pays from minor orphans’ property only from the least valuable.” So is the Mishnah: One pays for torts from minor orphans’ property only from the least valuable. But was it not stated, the son shall stand in the father’s place; one estimates torts from the most valuable land, creditors from average quality, and a woman’s ketubah from the least valuable? Rebbi Yose ben Rebbi Abun said, explain it as everybody’s opinion about testamentary dispositions.

HALAKHAH: “The following Gentile properties are forbidden,” etc. Rebbi Isaac bar Naḥman in the name of Rebbi Joshua ben Levi: Bitter, sweet, and hot are not under the rules of being uncovered. Rebbi Simon in the name of Rebbi Joshua ben Levi: The hot, the bitter, and the sweet are not under the rules of being uncovered or under those of libation wine. Rebbi Simon explains: The hot, spice wine. The bitter, vermouth wine. And the sweet, cooked wine. Rebbi Joshua ben Zeidal had cooked wine which was left unsupervised in the custudy of a Gentile. He asked Rebbi Yannai ben Rebbi Ismael who said to him, so says Rebbi Simeon ben Laqish: The sweet is not under the rules of being uncovered or under those of libation wine. Rebbi Yannai ben Rebbi Ismael fell ill. Rebbi Ze`ira, Rebbi (Joshua) [Hoshaia], Rebbi Abun bar Cahana, and Rebbi Ḥanianiah the colleague of the rabbis, went to visit him. They saw Rebbi Joshua ben Zeidal sitting there. They said, there is the master of the decision and the person of the happening, let us ask him. He said to them, so says Rebbi Simeon ben Laqish, the sweet is not under the rules of being uncovered or under those of libation wine. One said to him, maybe that of Rebbi Simeon ben Laqish is for argument’s sake? He told them, it is for action and you can rely on it. When (they got up) [returned], Rebbi Ila was standing with Rebbi Abun bar Cahana and told him, if you did not prefer decisions, is this not a baraita? As Rebbi Ḥiyya stated, “why is cooked wine of Gentiles forbidden? Because it started out as wine.” Rebbi Yose said, the Mishnah says so, “wine and vinegar which originally was wine.”

HALAKHAH: “The following Gentile properties are forbidden,” etc. Rebbi Isaac bar Naḥman in the name of Rebbi Joshua ben Levi: Bitter, sweet, and hot are not under the rules of being uncovered. Rebbi Simon in the name of Rebbi Joshua ben Levi: The hot, the bitter, and the sweet are not under the rules of being uncovered or under those of libation wine. Rebbi Simon explains: The hot, spice wine. The bitter, vermouth wine. And the sweet, cooked wine. Rebbi Joshua ben Zeidal had cooked wine which was left unsupervised in the custudy of a Gentile. He asked Rebbi Yannai ben Rebbi Ismael who said to him, so says Rebbi Simeon ben Laqish: The sweet is not under the rules of being uncovered or under those of libation wine. Rebbi Yannai ben Rebbi Ismael fell ill. Rebbi Ze`ira, Rebbi (Joshua) [Hoshaia], Rebbi Abun bar Cahana, and Rebbi Ḥanianiah the colleague of the rabbis, went to visit him. They saw Rebbi Joshua ben Zeidal sitting there. They said, there is the master of the decision and the person of the happening, let us ask him. He said to them, so says Rebbi Simeon ben Laqish, the sweet is not under the rules of being uncovered or under those of libation wine. One said to him, maybe that of Rebbi Simeon ben Laqish is for argument’s sake? He told them, it is for action and you can rely on it. When (they got up) [returned], Rebbi Ila was standing with Rebbi Abun bar Cahana and told him, if you did not prefer decisions, is this not a baraita? As Rebbi Ḥiyya stated, “why is cooked wine of Gentiles forbidden? Because it started out as wine.” Rebbi Yose said, the Mishnah says so, “wine and vinegar which originally was wine.”

Rebbi Yannai said, if you bit something off, you bit off soot. If you lose, you lose a pearl. If anybody asked Rebbi Jonathan he told him: Am I the guarantor of your life? Rebbi Simeon ben Laqish said, if you sold yourself for the games, you would sell yourself for an excessive price; but here for a very cheap price.

Rebbi Joḥanan in the name of Rebbi Yannai: Anything which one introduced inside the lattice work he made forbidden; e. g., money pouches. Rebbi Yasa said, we had a note that (return) [this] of Rebbi Hoshaia disagreed with Rebbi Yannai, but it is not so; it supports it. Since on them refers to something which is particular for them and an adornment for them, also with them refers to something which is particular for them and an adornment for them; this excludes money pouches. Rebbi Abba in the name of Rav Jehudah: Even water and salt. Salt to rub and water to rinse. And this is “even”? But e. g., water and salt.

Rebbi Joḥanan in the name of Rebbi Yannai: Anything which one introduced inside the lattice work he made forbidden; e. g., money pouches. Rebbi Yasa said, we had a note that (return) [this] of Rebbi Hoshaia disagreed with Rebbi Yannai, but it is not so; it supports it. Since on them refers to something which is particular for them and an adornment for them, also with them refers to something which is particular for them and an adornment for them; this excludes money pouches. Rebbi Abba in the name of Rav Jehudah: Even water and salt. Salt to rub and water to rinse. And this is “even”? But e. g., water and salt.

HALAKHAH: “There are three kinds of Ashera,” etc. Rebbi Immi in the name of Rebbi Simeon ben Laqish said, if he engraved engravings in it it cannot become invalidated. This is necessary: even if he removed the engravings. It was stated: If he grafted, he has to remove what he grafted. Rebbi Yannai said, only if he grafted for idolatry. Rebbi Hila in the name of Rebbi Eleazar: Only if he put an idol under it. The opinions of Rebbi Simeon ben Laqish seem inconsistent. There Rebbi Immi said in the name of Rebbi Simeon ben Laqish, if he engraved engravings on it it cannot become invalidated; and we interpreted this to mean, even if he removed the engravings. And here he says so? It is more severe with engravings.

It was stated: If he grafted, he has to remove what he grafted. Rebbi Yannai said, only if he grafted for idolatry. Rebbi Hila in the name of Rebbi Eleazar: Only if he put an idol under it.

Rav commanded to the family of Rav Aḥa, Rebbi Immi commanded to his own family, if you go out on the fast day you should not incline normally. Rebbi Jonah inclined on his side; Rebbi Aḥa inclined on his side. Rebbi Samuel said, I saw Rebbi Abbahu inclining normally. Rebbi Yose said, I pointed out a difficulty before Rebbi Abbahu, is it not written, a maskit stone you shall not put up in your land to bow down on it. Explain it if he fixed a place for it. But is it not written, it was when David arrived at the mountaintop where one bows down before God? Except bowing down which is not on the ground. Does there exist bowing down which is not on the ground? They fell down with their faces to the ground and bowed down. Rebbi Abbahu added up to give thanks to the Eternal for He is good; Rebbi Mana added up to for eternal is His kindness to Israel. Rebbi Joḥanan said to Rebbi Ḥiyya bar Abba: Babylonian, two things came from you, the stretching out on the Fast Day, and the willow of the Seventh Day. The rabbis of Caesarea say, also this blood letting. It follows what Rebbi Immi said, the Babylonians in the name of the rabbis there: They permitted prostrating only on a public fast, and only on the side. The younger Rebbi Yannai in the name of his fathers: Anybody who is not qualified like Joshua that if he falls on his face the Holy One, praise to Him, would tell him, get up, should not fall down, in the case of an individual [praying] for the community.

“A Gentile’s idol is immediately forbidden,” therefore it can be annulled. “But a Jew’s only when it is worshipped,” therefore it cannot be annulled. Rebbi Ze`ira said, there is no “therefore”, only “it cannot be annulled or it can be annulled”. “A Gentile’s idol is immediately forbidden,” as it is written: you certainly shall destroy.“But a Jew’s only when it is worshipped,” as it is written, cursed be the man who makes a hewn or molten image, etc., when he puts it up. But some are switching this. “A Jew’s idol is immediately forbidden,” for it is written, cursed be the man. “But a Gentile’s only when it was worshipped,” as it is written, you certainly shall destroy all the places where these peoples worshipped. Rebbi Isaac bar Naḥman in the name of Samuel understood it from the following: If you inherited it when it was a god you shall burn it in fire, otherwise of which you will inherit their gods. Rebbi Joḥanan in the name of Rebbi Yannai understood it from the following: You should not covet silver or gold for them. You cannot covet and take, but others can covet and you are taking.

Rebbi Hila in the name of Rebbi Yannai: The buyer has the same status as the seller. It was stated thus: Whether the seller or the buyer [stores] on the Gentile’s property. If the wine is the Jew’s and a Jew lives there it is permitted on condition that in his hand are key and seal. If the wine is the Gentile’s and a Jew lives there it is permitted on condition that in his hand are key and seal; but if no Jew lives there it is forbidden even if key and seal are in his hand.

Rebbi Ilai in the name of Rebbi Yannai: They disagree with Rebbi Simeon ben Eleazar. Not on this was it said but on the following, “one who makes an Non-Jew’s wine in purity,” etc.

It was stated: “The wages of donkey drivers, carriers, and all those working with Sabbatical produce are sabbatical.” Rebbi Ze`ira said, this baraita deals with permitted produce. And what Rebbi Joḥanan taught those of the House of Rebbi Yannai that they should not accept in their hands wine as wages but money, he taught them following Rebbi Jehudah and Rebbi Neḥemiah. Rebbi Ilai said, this baraita deals with idolatrous produce. As Rebbi Abbahu said in the name of Rebbi Joḥanan, in matters of libation wine they fined him a fine.

HALAKHAH: “Criminal courts apply in the Land,” etc. “Criminal courts apply in the Land and outside the Land, as it is written: This shall be for you a law statute for your generations, in all your dwellings. And why does the verse say, judges and marshals you shall appoint for yourself in all your gates, in the towns of the Land of Israel. Only that in the Land of Israel one installs judges in every town and outside the Land one appoints them by circuits.” It was stated: “Rebbi Dositheos ben Rebbi Yannai says, there is an obligation for every tribe to judge his own tribe, as it is written: Judges and marshals you shall appoint for yourself in all your gates which the Eternal, your God, gives you for your tribes.”

HALAKHAH: If he threw the stone into his (comrade),” etc. Rebbi Yannai said, a butcher who was cutting up [a carcass] and hit somebody whether raising or descending has to go into exile. This follows what Rebbi Huna said: A butcher who was cutting up [a carcass] and hit somebody in front of him in a descending motion goes into exile, in an ascending motion does not go into exile. In his back, in an ascending motion he goes into exile, in a descending motion he does not go into exile. Rebbi Isaac said, each case goes by its circumstances. If somebody sat on a bed during the day, and it is not usual to find a baby in a bed during the day, he goes into exile. During the night, when it is usual to find a baby in a bed during the night, he does not go into exile. If somebody sat on a crib during the day, and it is usual to find a baby in a crib during the day, he does not go into exile. During the night, when it is not usual to find a baby in a crib during the night, he goes into exile.

HALAKHAH: “Rebbi Joshua said, I heard only about the virgin, but practice follows Rebbi Eliezer.” One does not say, somebody who did not see the new moon should come and testify, but one says, if somebody saw the new moon, he should come and testify. You did not hear, I heard. All during Rebbi Eliezer’s lifetime, practice followed Rebbi Joshua. After Rebbi Eliezer’s death, Rebbi Joshua introduced practice following Rebbi Eliezer. Where do we hold? If Rebbi Eliezer heard from one [authority] but Rebbi Joshua from two, practice should follow Rebbi Joshua whether [Rebbi Eliezer] was alive or dead. But if Rebbi Joshua heard from one [authority] but Rebbi Eliezer from two, practice should follow Rebbi Eliezer whether he was alive or dead. As it was stated: One says, I heard from two [authorities] and two say, we heard from one, the power of the one who heard from two is greater than that of two who heard from one. But we must hold either that either one heard from one or that either one heard from two. During his lifetime he was not convinced of his opinion, after he died he became convinced of his opinion. What did he see to say that he became convinced of his opinion? As it was stated: The stains of all four categories of women, about whom the Sages said that their timings are exact, cause retroactive impurity except for a girl who is too young to menstruate, for that one has no stains, the words of Rebbi Meïr. But the Sages say, for all four categories of women about whom the Sages said that their timings are exact, their stains cause retroactive impurity except for a girl about to start to menstruate, for her stains start with her menstruation. Since if she sees blood her timing is exact, so also for her stain her timing. Rebbi Yannai said, because her sap is frequent. If the timing of one whose sap is frequent is exact, the others whose sap is not so frequent so much more! By this reason he became convinced of his opinion.

“Even if she was married,” even if pregnant, even if nursing, and even if she was bleeding all seven [days] for a boy or all fourteen for a girl. Does she have a charm in her hand? After [the birth of] a boy seven [days], after a girl fourteen, but only if she stopped during her period of purity. As it was stated: If she stopped during her period of purity and had no discharge, but later she had a discharge; this case came before the Sages who said that her timing was exact. In Rav’s opinion, who says that all is one source but the Torah purified it, it is understandable. In Rebbi Yannai’s opinion, who says that all is one source but it changes, it is in order. In Levi’s opinion, who says that there are two sources, should not her timing be exact even if she does not stop during her period of purity? Rebbi Mana said, the reason of Levi is that since she became used to pure blood, she might become used to impure blood. Rebbi Yose ben Rebbi Abun said, Levi can explain what we have stated: “Rebbi Yose said, the timing of a pregnant or a nursing woman who had stopped for three periods is exact.” On that it was stated: The days of her pregnancy and her nursing add up to three periods. Can he think that there is only one source?

What is the period that is counted for her? An average period. Rebbi Simeon ben Laqish in the name of Rebbi Yudan Neśia: One gives her 30 days as average period. Can she not have a personal period? Since it cannot be verified by blood, she has no period. Should she [become impure] by stains? Hizqiah said, since you made her a full water pitcher, she has stains. Samuel said, even if the entire bedsheet is full of drops of blood she has no stains. Rebbi Joḥanan in the name of Rebbi Yannai: Even if she bled a hundred times, she has no stains. How long? Until she reaches the age of puberty. What is the age of puberty? When she grows two pubic hairs. Rebbi Abba, Rebbi Ḥiyya, Rebbi Joḥanan in the name of Rebbi Simeon ben Yoṣadaq: Her spittle is pure, what she sits on is pure, what she touches in the public domain is pure. They interpreted this: no 24 hours.

They said in Rabbi Yannai’s name: There is no blind woman. Does this hold up? They said in Rabbi Yose ben Rebbi Ḥanina’s name: There is no blind woman. Does this hold up? Rebbi Ila, Rabbi Yose ben Ḥanina, in the name of the House of Rebbi Yannai: There is no blind woman.

They said in Rabbi Yannai’s name: There is no blind woman. Does this hold up? They said in Rabbi Yose ben Rebbi Ḥanina’s name: There is no blind woman. Does this hold up? Rebbi Ila, Rabbi Yose ben Ḥanina, in the name of the House of Rebbi Yannai: There is no blind woman.

Rebbi Yannai said, the first one also is called religious. We have stated “they have to check themselves”, and you say so? Rebbi Ila said, to tell you that everybody who keeps the directives of the rabbis is called religious.

And Rebbi Yasa said in the name of Rebbi Joḥanan: Not all the criteria together but only one criterion. The following are the criteria: The forehead, the eyebrows, the eye, the ear, the mandible, the nose, the beard, and the dimple. And Rebbi Yasa said in the name of Rebbi Joḥanan: Not all the criteria together but only one criterion. Rebbi Abba, Rav Jeremiah in the name of Rav: The words of Rebbi: Only if the entire face has human traits; but the words of the rabbis: Even one of the criteria; and the words of Rebbi Simeon ben Ioḥai: Even its fingernails. Rebbi Phineas asked: Are not the statements of Rebbi Simeon bar Ioḥai inverted? There, he says, “only if its head and most of its body are like its mother,” and here, he says so? Here about humans, there about animals. Rebbi Abba said, the Elder Rebbi Ḥiyya went South. Rebbi Ḥama the father of Rebbi Hoshaia and bar Qappara asked him: What is the rule if its entire body is human and only its face is animal? He returned and asked Rebbi, who told him, go and write to them, it is no birth. Rebbi Jeremiah said, Zeugos went out, Rebbi Ḥama the father of Rebbi Hoshaia and bar Qappara asked him: What is the rule if its eyes are shapeless? He returned and asked Rebbi, who told him, go and write to them, there is no child. Rebbi Yose ben Rebbi Abun said, Rebbi follows his own opinion since Rebbi says, only if the entire face has human traits. What if its face was crushed? Rebbi Yasa said, Rebbi Joḥanan and Rebbi Simeon ben Laqish differ. Rebbi Joḥanan says, it is no child; Rebbi Simeon ben Laqish says, it is a child. Rebbi Ze‘ira said, not that Rebbi Joḥanan said it is no child in every respect but it is no child to provide the mother with days of purity; it is a child to require the mother to observe the days of birth. Rebbi Joḥanan in the name of Rebbi Yannai: If its hip is unformed, it is not a child. Rebbi Joḥanan in the name of Rebbi Yose ben Rebbi Joshua: If the navel is unformed, it is no child. Rebbi Joḥanan in the name of Rebbi Zakkai: If its holes are unformed, it is no child. Rebbi Ze‘ira in the name of Gidul: If its skull is unformed there is no child.