yose

One who recites the Shema without causing it to be heard by his own ear, he has fulfilled his obligation. Rabbi Yose says: he has not fulfilled his obligation. If he recited it without pronouncing the letters succinctly, Rabbi Yose says he has fulfilled his obligation. Rabbi Judah says: he has not fulfilled his obligation. If he recites it out of order, he has not fulfilled his obligation. If he recites it and makes a mistake he goes back to the place where he made the mistake.

One who recites the Shema without causing it to be heard by his own ear, he has fulfilled his obligation. Rabbi Yose says: he has not fulfilled his obligation. If he recited it without pronouncing the letters succinctly, Rabbi Yose says he has fulfilled his obligation. Rabbi Judah says: he has not fulfilled his obligation. If he recites it out of order, he has not fulfilled his obligation. If he recites it and makes a mistake he goes back to the place where he made the mistake.

How do they invite [one another to recite the Birkat Hamazon]? If there are three, he [the one saying Birkat Hamazon] says, “Let us bless [Him of whose food we have eaten].” If there are three and him he says, “Bless [Him of whose food we have eaten]” If there are ten, he says, “Let us bless our God [of whose food we have eaten].” If there are ten and he says, “Bless.” It is the same whether there are ten or ten myriads (ten ten thousands). If there are a hundred he says, “Let us bless the Lord our God [of whose food we have eaten]. If there are a hundred and him he says, “Bless.” If there are a thousand he says “Let us bless the Lord our God, the God of Israel [of whose food we have eaten].” If there are a thousand and him he says “Bless.” If there are ten thousand he says, “Let us bless the Lord our God, the God of Israel, the God of hosts, who dwells among the cherubim, for the food which we have eaten.” If there are ten thousand and him he says, “Bless.” Corresponding to his blessing the others answer after him, “Blessed be the Lord our God the God of Israel, the God of hosts, who dwells among the cherubim, for the food which we have eaten.” Rabbi Yose the Galilean says: According to the number of the congregation, they bless, as it says, “In assemblies bless God, the Lord, O you who are from the fountain of Israel.” Rabbi Akiba said: What do we find in the synagogue? Whether there are many or few the he says, “Bless the Lord your God.” Rabbi Ishmael says: “Bless the Lord your God who is blessed.”

Onions grown for their seed are liable for peah. But Rabbi Yose exempts them. Plots of onions [growing] between vegetables: Rabbi Yose says: peah must be given from each [plot]. But the sages say: from one [plot] for all.

Onions grown for their seed are liable for peah. But Rabbi Yose exempts them. Plots of onions [growing] between vegetables: Rabbi Yose says: peah must be given from each [plot]. But the sages say: from one [plot] for all.

One who is about to die who assigns his property in writing [to another]: If he retains any land [for himself] however small, he renders his gift valid. But if he retains no land whatsoever, his gift is not valid. One who assigns in writing his property to his children, and he assigns to his wife in writing any plot of land, however small, she lost her ketubah. Rabbi Yose says: if she accepted [such an assignment] even though he did not assign it to her in writing she lost her ketubah.

A seah of plucked grain and a seah of unplucked grain, and also trees; and garlic and to onions do not combine to count as two seahs, but rather they must be left to the poor. Rabbi Yose says: if anything that belongs to the poor comes in between them, the two are not combined together; otherwise, they do combine.

An olive tree that has a name in the field, such as the olive tree of Netofah in its time, and he forgot it, it is not deemed “forgotten.” To what does this apply? [Only to a tree distinguished] by its name, produce, or position. “By its name:” if it were a shifkhoni or beshani. “By its produce:” if it yields large quantities. “By its position:” if it stands at the side of the winepress or near the gap in the fence. Other kinds of olive trees: two are deemed “forgotten”, but three are not deemed “forgotten.” Rabbi Yose says: there is no law of “forgotten” for olive trees.

One who dedicates his entire vineyard [to the Temple] before the “defective clusters” were recognizable, the “defective clusters” do not belong to the poor. After the defective clusters were recognizable, then they do belong to the poor. Rabbi Yose says: [the poor] must give the value of their improved growth to the Temple. What is deemed “forgotten” in the case of a trellis [a lattice for supporting plants]? Anything that one can no longer stretch his hand and take it. And in the case of ground-trained vines? From the time [the gatherers] pass by it.

Rabbi Meir says: [if produce] which is usually measured out [for sale] in a large [quantity] was measured out in a small [quantity], the small quantity is treated as if it was a large [quantity]. If [produce] which is usually measured out for sale in a small [quantity] was measured out in a large [quantity], the large [quantity] is treated as if it was a small [quantity]. What is considered a large quantity? For dry [produce] three kavs, and for liquids, the value of one dinar. Rabbi Yose says: baskets of figs, baskets of grapes, and bushels of vegetables when he sells them in lumps, they are exempt [from the rules of demai].

If one finds produce on the road and picks it up in order to eat it, and then decides to hide it, he may not hide it unless he has [first] tithed it. But if from the outset he picked it up only in order to guard it against being destroyed, he is exempt [from tithing it]. Any produce which one may not sell [in the condition of] demai, he may not send it [as a gift] to his friend [in the condition of] demai. Rabbi Yose permits [one to send as a gift produce] that is certainly untithed, on condition that he makes the matter known to the recipient.

One who gives [produce] to an innkeeper [to prepare it for food], he must tithe what he gives to her and what he takes back from her, because she is suspected of exchanging it [with her own produce]. Rabbi Yose said: we are not responsible for deceivers. Rather, he must tithe only that which he takes from her.

A worker who does not trust his employer [in respect of tithes], may take one dried fig and say: “This one and the nine which come after it shall become tithe for the ninety which I shall eat. This one shall become the terumat maaser for them, and the last ones shall be second tithe which shall be exchanged for money.” And he must put aside one dried fig. Rabban Shimon ben Gamaliel says: he does not put one aside, because this reduces the work for his employer. Rabbi Yose says: he does not put one aside, because this is a court stipulation [imposed upon the employer].

Any seah which contains a quarter [of a kav] of a different species, one should reduce [its proportion of the latter] Rabbi Yose says: one should pick [it all out]. Whether it consists of one species or of two species. Rabbi Shimon says: they said this only if it consists of one species. But the sages say: anything which is kilayim, in a seah [it adds up] in making up the quarter.

If the point of an angle of a wheat [field] overlaps into a barley [field], it is permitted because it looks like the end of his field. If his [field] is of wheat, and his neighbor’s is of another species, he may sow [next to the border] some of the same species [as that of his neighbor]. If his field was of wheat and that of his neighbor’s was of wheat, he may sow next to him a row of flax, but not a row of any other species. Rabbi Shimon says: it is all the same whether he sows flax or any other species. Rabbi Yose said: even in the middle of one's field it is permitted to check one’s field with a row of flax.

A gourd [sown] among a [different] vegetable [must be separated by as much] as any other vegetable. [A gourd sown] among grain he must give it [a separating space of] a bet rova. If his field was sown with grain, and he wishes to plant within it a row of gourds, he must give [the gourds] six handbreadths for them to be worked. And if [the row of gourds] overgrows [into the border] he must pull up that which is within it. Rabbi Yose says: he must give [the gourds] four cubits for them to be worked. They said to him: Do you rule more stringently with regard to this than with regard to a vine? He said to them: We find that [the gourd] is treated more stringently than a vine, since for a single vine he must give six handbreadths for it to be worked, but for a single gourd a bet rova. Rabbi Meir said in the name of Rabbi Ishmael: if there are as many as three gourds in a bet seah, he may not bring [another] seed into the bet seah. Rabbi Yose ben Hahotef Ephrati said in the name of Rabbi Ishmael: if there are as many as three gourds in a bet kor, one may not bring [another] seed into the bet kor.

A gourd [sown] among a [different] vegetable [must be separated by as much] as any other vegetable. [A gourd sown] among grain he must give it [a separating space of] a bet rova. If his field was sown with grain, and he wishes to plant within it a row of gourds, he must give [the gourds] six handbreadths for them to be worked. And if [the row of gourds] overgrows [into the border] he must pull up that which is within it. Rabbi Yose says: he must give [the gourds] four cubits for them to be worked. They said to him: Do you rule more stringently with regard to this than with regard to a vine? He said to them: We find that [the gourd] is treated more stringently than a vine, since for a single vine he must give six handbreadths for it to be worked, but for a single gourd a bet rova. Rabbi Meir said in the name of Rabbi Ishmael: if there are as many as three gourds in a bet seah, he may not bring [another] seed into the bet seah. Rabbi Yose ben Hahotef Ephrati said in the name of Rabbi Ishmael: if there are as many as three gourds in a bet kor, one may not bring [another] seed into the bet kor.

A vine planted in a winepress or in a depression [in the ground], they leave it room to work on it, and one may sow on the rest. Rabbi Yose says: if there are not four cubits there, one may not bring seed there. As for a house that is within a vineyard, it is permitted to sow there.

What is a serak (non-fruit bearing) tree? Any tree which does not yield fruit. Rabbi Meir says: all trees are serak, except the olive and the fig tree. Rabbi Yose says: all trees that are not planted in whole fields, are serak trees.

An aris which turns away from a wall where it forms an angle, and comes to an end, they give it space to work it and they may sow the rest. Rabbi Yose says: if there are not four cubits there, one may not bring seed there.

One who causes his vine to overhang his fellow’s grain, behold he has caused the grain to be prohibited and he is responsible for it. Rabbi Yose and Rabbi Shimon say: a person does not prohibit [as kilayim] that which is not his own.

Rabbi Yose said: It happened that a man sowed [seed in] his vineyard in the sabbatical year, and the matter came before Rabbi Akiva, who said: a person does not prohibit [as kilayim] that which is not his own.

Mules of uncertain parentage are forbidden [one with another,] And a ramakh is permitted. Wild man-like creatures are [in the category of] hayyah. Rabbi Yose says: they cause impurity in a tent like a human being. The hedgehog and the bush-mole are [in the category of] hayyah. The bush-mole: Rabbi Yose says in the name of Bet Shammai: an olive's size [of its carcass] renders a person carrying it unclean, and a lentil’s size [of its carcass] renders a person touching it unclean.

Mules of uncertain parentage are forbidden [one with another,] And a ramakh is permitted. Wild man-like creatures are [in the category of] hayyah. Rabbi Yose says: they cause impurity in a tent like a human being. The hedgehog and the bush-mole are [in the category of] hayyah. The bush-mole: Rabbi Yose says in the name of Bet Shammai: an olive's size [of its carcass] renders a person carrying it unclean, and a lentil’s size [of its carcass] renders a person touching it unclean.

The wild ox [it is in the category of] behemah. But Rabbi Yose says: [it is in the category] of hayyah. The dog [it is in the category of] hayyah. But Rabbi Yose says: [it is in the category] of behemah. The pig [it is in the category of] behemah. The wild donkey [it is in the category of] hayyah. The elephant and the monkey [they are in the category of] hayyah. A human being is permitted to draw, plow, or lead with any of them.

The wild ox [it is in the category of] behemah. But Rabbi Yose says: [it is in the category] of hayyah. The dog [it is in the category of] hayyah. But Rabbi Yose says: [it is in the category] of behemah. The pig [it is in the category of] behemah. The wild donkey [it is in the category of] hayyah. The elephant and the monkey [they are in the category of] hayyah. A human being is permitted to draw, plow, or lead with any of them.

The Birrus blanket or Brindisian blanket, or Dalmatian cloth, or felt shoes, may not be worn until one has examined them. Rabbi Yose says: ones that come from the coast or from lands beyond the sea, do not require examination, since the presumption with regard to them is [that they are sewn] with hemp. Felt-lined shoes are not subject to the laws of kilayim.

Felted materials [can be] prohibited because of kilayim, since they are combed. It is prohibited to attach a string of wool to linen material, since this resembles weaving. Rabbi Yose says: it is forbidden to use cords of purple [wool to tie round a loose linen garment], since before he ties it, he stitches it on. One may not tie a strip of woolen material with one of linen material for the purpose of girdling one’s loins, even if there is a leather strap between the two.

They may not plant or sink [vine-shoots], or graft in the sixth year within thirty days of Rosh Hashanah. If he has planted or sank or grafted, he must uproot. Rabbi Judah says: any grafting that has not taken root within three days will never do so. Rabbi Yose and Rabbi Shimon say: two weeks.

From when may they bring out manure to the dung-heaps? From when the workers have ceased to work, the words of Rabbi Meir. But Rabbi Judah says: until the sweetness [of the manure] has dried up. Rabbi Yose says: until [the dung dries] into knots.

Shoulder-stones may be removed from any place. And the contractor may bring them from anywhere. Which are shoulder-stones? Any one that cannot be picked up with one hand, the words of Rabbi Meir. But Rabbi Yose says: the name is to be taken literally; those that are carried on a man’s shoulder, either two or three at a time.

One who trims grape vines, or cuts reeds: Rabbi Yose the Galilean says: he must leave [uncut at least] one handbreadth. But Rabbi Akiba says: he may cut them in the usual manner, with the axe, sickle or saw, or with whatever he pleases. A tree that had split may be tied up in the seventh year, not that it may heal, but only that it should not widen.

One may eat by virtue of similar produce regarded as ownerless [still found in the fields], but not when it was stored [and declared ownerless]. Rabbi Yose permits even when it was stored [and then declared ownerless]. One may continue to eat by virtue of the poor grains [that grow between the grass], or by virtue of the trees that yield bi-annually, but one must not eat by virtue of winter-grapes. Rabbi Judah permits provided they began to ripen before the summer [of the seventh year] had ended.

If one had sabbatical produce [at home] and the time of removal had come, he may give out food for three meals to every one. Rabbi Judah says: the poor may eat from it even after the removal, but not the rich. But Rabbi Yose says: both the poor and the rich may eat after the removal.

The sabbatical year cancels a debt written in a document or one not written in a document. A debt to a shop is not cancelled, but if it had been converted into the form of a loan, then it is cancelled. Rabbi Judah says: the former debt is always cancelled. A wage-debt to a worker is not cancelled, but if it had been converted into a loan it is cancelled. Rabbi Yose says: the [payment for] any work that must cease with the seventh year, is cancelled, but if it need not cease with the seventh year, then it is not cancelled.

A minor who has not yet produced two [pubic] hairs: Rabbi Judah says: his terumah is terumah. Rabbi Yose says: if he has not arrived at the age when his vows are valid, his terumah is not terumah, but if he has arrived at an age where his vows are valid, his terumah is terumah.

[Two] partners who took terumah, the one after the other: Rabbi Akiva says: the terumah of them both is terumah. But the sages say: the terumah of the first is terumah. Rabbi Yose says: if the first gave the prescribed amount, the terumah of the second is not terumah, but if the first did not give the prescribed amount, the terumah of the second is terumah.

Rabbi Eliezer says: terumah can be taken out [if it falls into] a hundred and one parts. Rabbi Joshua says: in a hundred and more, and this “more” has no definite measure. Rabbi Yose ben Meshullam says: this ‘more’ must be a kav to a hundred seahs, a sixth [of the seah] which renders the whole as medumma.

Rabbi Yose said: A case once came before Rabbi Akiva concerning fifty bundles of vegetables into which a bundle of the same size had fallen, half of which was terumah. And I said in front of him, that it can be brought up, not because terumah can be brought up in fifty-one, but because there were one hundred and two halves there.

If there were two baskets, one of terumah and one of hullin, and a seah of terumah fell into one of them, but it is not known into which, behold I can assume that it had fallen into that of the terumah. [Two baskets] and it is not known which was of terumah and which of hullin, and he eats from one of them, he is exempt, and the second basket is treated as terumah and subject to the laws of hallah, the words of Rabbi Meir. But Rabbi Yose exempts it. If another person eats from the second basket he is exempt. If one man ate of both, he must repay the value of the smaller of the two.

If one of these [baskets] fell into hullin, it does not render it medumma (doubtful terumah), but the second is treated as terumah and subject to the law of hallah, the words of Rabbi Meir. Rabbi Yose exempts it. If the second falls elsewhere [into hullin] it does not render it medumma. If both of them fall into one place, they render it medumma according to [the proportion] of the smaller of the two.

If he used one of these [baskets] as seed, he is exempt, and the second is treated as if it were terumah and subject to the law of hallah, the words of Rabbi Meir. But Rabbi Yose exempts it. If another person uses the second as seed, then he is exempt. If one man uses both as seed, if it is of a kind whose seed disintegrates [in the ground] it is permissible, but if it is of the kind whose seed does not disintegrate it is prohibited.

The amount of water that is uncovered: enough to negate the poison. Rabbi Yose says: in vessels [it is forbidden] whatever the quantity, but for water on the ground, it must be forty se'ahs.

One who removes warm bread from an oven and places it over an open barrel of terumah wine: Rabbi Meir says: it is forbidden. Rabbi Judah permits it. Rabbi Yose permits the bread of wheat but not of barley, because barley absorbs.

Unclean fish which was pickled with clean fish: If the jug contains two seahs and the unclean fish weighs ten zuz in Judean measure, which is five selas in Galilean measure, the brine is forbidden. Rabbi Judah says: it needs be a quarter [of a log] in two seahs. Rabbi Yose says: one-sixteenth of it.

Rabbi Yose says: Anything stewed with [terumah] beets becomes forbidden, because they impart a flavor. Rabbi Shimon says: cabbage from a field artificially irrigated [that is stewed] with [terumah] cabbage from a field watered by rain, is forbidden because it absorbs. Rabbi Akiba says: all things cooked together are permitted, except those with meat. Rabbi Yohanan ben Nuri says: liver renders other things forbidden, but does not become forbidden, because it gives off [flavor] but does not absorb.

One may burn terumah oil that has to be burnt in synagogues, houses of study, dark alleys, and for sick people with permission of the priest. If the daughter of an Israelite married to a priest regularly goes to her father's house, her father may burn [such oil] with her permission. One may also burn [such oil] in a house of celebration but not in a house of mourning, the words of Rabbi Judah. Rabbi Yose says: in the house of mourning, but not in a house of celebration. Rabbi Meir forbids it in both places. But Rabbi Shimon permits it in both places.

A cake of pressed figs [is liable for tithes] from the moment it has been smoothed out [with fruit juice]. They may smooth them out with [the juice of] untithed figs or grapes. Rabbi Judah forbids this. If one smoothed with grapes, it is not susceptible to uncleanness. Rabbi Judah says it is susceptible. Dried figs [are liable to tithe] after they have been pressed [into a jar]. And [figs] stored in a bin [are liable to tithe] after they have been pressed. If one was pressing [the figs] into a jar, or pressing them in a storage bin, and the jar was broken or the storage bin opened, he may not make a chance meal of them. Rabbi Yose permits this.

Which courtyard is it which makes [the produce] liable to tithe? Rabbi Ishmael says: the Tyrian yard for the vessels are protected therein. Rabbi Akiva says: any courtyard which one person may open and another may shut is exempt. Rabbi Nehemiah says: any courtyard in which a man is not ashamed to eat is liable. Rabbi Yose says: any courtyard into which a person may enter and no one says to him, “what are you looking for” is exempt. Rabbi Judah says: if there are two courtyards one within the other, the inner one makes liable and the outer one is exempt.

Cone-shaped huts, watchtowers, and sheds in the field do not render [produce] liable. A sukkah-hut like those used in Ginnosar, even though it contains millstones and poultry, does not render [produce] liable. As for the potter’s sukkah-hut, the inner part renders [produce] liable and the outer part does not. Rabbi Yose says: anything which is not both a sunny season and rainy season dwelling does not render [produce] liable [to tithes]. A sukkah used on the Festival [of Sukkot]: Rabbi Judah says: this renders [produce] liable [for tithes] But the sages exempt.

Garlic from Balbeck, onions from Rikpa, Cilician beans and Egyptians lentils, and Rabbi Meir says qirqas, and Rabbi Yose says qotnym are exempt from tithes and may be brought from any man in the seventh year. The seeds of upper arum pods, the seeds of leeks, the seeds of onions, the seeds of turnips and radishes, and other seeds of garden produce which are not eaten, are exempt from tithes, and may be bought from any man in the seventh year; and even though the plants from they grew were terumah, they may still be eaten [by non-priests].

Produce whose processing was completed and it passed through Jerusalem, its second tithe must be brought back and eaten in Jerusalem. If its processing had not been completed, [such as] baskets of grapes [that were going] to the wine-press or baskets of figs [that were going] to the drying-place: Bet Shammai says: its second tithe must be brought back and be eaten in Jerusalem. But Bet Hillel says: it may be redeemed and eaten anywhere. Rabbi Shimon ben Judah says in the name of Rabbi Yose: Bet Shammai and Bet Hillel did not disagree concerning produce whose processing had not been completed that its second tithe may be redeemed and be eaten anywhere. What did they disagree about? About produce whose processing was completed. Bet Shammai says that its second tithe must be brought back and be eaten in Jerusalem. And Bet Hillel says that it may be redeemed and be eaten anywhere. [The second tithe of] demai may [always] be brought in and taken out again and be redeemed.

If a deer which had been bought with maaser sheni money died, it must be buried together with its hide. Rabbi Shimon says: it may be redeemed. If it was bought alive and slaughtered and it then became unclean, it may be redeemed. Rabbi Yose says: it must be buried. If it was bought slaughtered and it became unclean, behold it is like produce.

If one redeemed maaser sheni but did not call it by its name: Rabbi Yose says: it is sufficient. But Rabbi Judah says: he must name it explicitly. If a man was speaking to a woman concerning her divorce or her betrothal, and gave her a get or betrothal money but did not state explicitly [what he was doing]: Rabbi Yose says: it is sufficient. But Rabbi Judah says: he must say it explicitly.

If one redeemed maaser sheni but did not call it by its name: Rabbi Yose says: it is sufficient. But Rabbi Judah says: he must name it explicitly. If a man was speaking to a woman concerning her divorce or her betrothal, and gave her a get or betrothal money but did not state explicitly [what he was doing]: Rabbi Yose says: it is sufficient. But Rabbi Judah says: he must say it explicitly.

One who finds a vessel on which was written a kof, it is korban. If a mem, it is maaser. If a dalet, it is demai. If a tet, it is tevel (untithed produced). If a tav, it is terumah. For in the time of danger people would write a tav for terumah. Rabbi Yose says: they may all stand for the names of people. Rabbi Yose said: even if he finds a jar which was full of produce and on it was written ‘terumah’ it may yet be considered hullin, because I can say that last year it was full of produce of terumah and was afterwards emptied.

One who finds a vessel on which was written a kof, it is korban. If a mem, it is maaser. If a dalet, it is demai. If a tet, it is tevel (untithed produced). If a tav, it is terumah. For in the time of danger people would write a tav for terumah. Rabbi Yose says: they may all stand for the names of people. Rabbi Yose said: even if he finds a jar which was full of produce and on it was written ‘terumah’ it may yet be considered hullin, because I can say that last year it was full of produce of terumah and was afterwards emptied.

[The produce of] a vineyard in its fourth year was brought up to Jerusalem within a distance of one day’s journey on each side. And what is the border [of a day’s journey on each side]? Eilat to the south, Akrabat on the north, Lod to the west, and the Jordan [river] to the east. When produce increased, it was decreed that it can be redeemed even if the vineyard was close to the wall. And there was a stipulation on this matter, that whenever it was so desired, the arrangement would be restored as it had been before. Rabbi Yose says: this was the stipulation after the Temple was destroyed, and the stipulation was that when the Temple should be rebuilt the arrangement would be restored as it had been before.

From here they said that Israelites and mamzerim may make the confession, but not converts, nor freed slaves, since they have no inheritance in the land. Rabbi Meir says: neither do priests and Levites since they did not take a share of the land. Rabbi Yose says: they have the Levitical cities.

Rabban Gamaliel says: there are three territories with regard to [liability to] hallah: From the land of Israel to Chezib: one hallah-portion. From Chezib to the river and to Amanah: two hallah-portions. One for the fire and one for the priest. The one for the fire has a minimum measure, and the one for the priest does not have a minimum measure. From the river and from Amanah and inward: two hallah-portions. One for the fire and one for the priest. The one for the fire has no minimum measure, and the one for the priest has a minimum measure. And [a priest] who has immersed himself during the day [and has not waited till sunset for his purification to be complete] may eat it. Rabbi Yose says: he does not require immersion. But it is forbidden to zavim and zavot, to menstruants, and to women after childbirth; It may be eaten with a non-priest at the [same] table; And it may be given to any priest.

One who plants [a fruit tree] as a fence or to provide wood beams, it is exempt from [the law of] orlah. Rabbi Yose says: even if he said “The inward [facing part of the tree] is for food, and the outward [facing part] is for a fence,” the inward [facing part] is subject [to orlah], and the outward [facing part] is exempt.

If a shoot of orlah or a vineyard in which seeds had been planted (kilayim), became mixed up with [other] shoots, behold one may not gather [the fruit]. But if one has gathered [it], it is neutralized in two hundred-and-one, provided that he did not act deliberately. Rabbi Yose says: even if he acted deliberately, it becomes neutralized in two hundred-and-one.

Leaves, sprouts, sap of vines, and vine-buds are permitted in respect of orlah and the laws of the fourth year, and to a nazirite, but are prohibited if they come from an Asherah [tree]. Rabbi Yose says: vine-buds are prohibited because they are fruit. Rabbi Eliezer said: if one curdles [milk] with the resinous substances of [a tree liable to] orlah, it is prohibited. Rabbi Joshua said: I have received an explicit tradition that if one curdles [milk] with the resinous substance of the leaves, or with the resinous substance of the roots, it is permitted, but with the resinous substance of the unripe berries, it is prohibited, because these are fruit.

Rabbi Yose says: one may plant a shoot of orlah; But one may not plant a nut of orlah, because it is fruit. And one may not graft early date berries of orlah.

These bring and recite: [One who brings bikkurim] from Atzeret until the Festival [of Sukkot], from the seven species, from fruit grown on the mountains, or dates grown in the valleys, from oil-olives, and from [produce] from the other side of the Jordan. Rabbi Yose the Galilean says: one does not bring [bikkurim] from transjordania, since that is not a land flowing with milk and honey.

And in what is he different from both men and women? One does not burn terumah if it came into contact with his discharge, Neither is he liable for entering the temple while impure, unlike men or women. He must not be sold as a Hebrew slave, unlike men or women. He cannot be evaluated, unlike men or women. If one says: “I will be a nazirite, if he is neither a man nor a woman,” then he becomes a nazirite. Rabbi Yose says: the hermaphrodite is a unique creature, and the sages could not decide about him. But this is not so with a tumtum (one of doubtful), for sometimes he is a man and sometimes he is a woman.

One who extinguishes the lamp because he is afraid of non-Jews, robbers, or an evil spirit, or so that a sick person may sleep, he is exempt. If [he does so because] he wants to spare the lamp, the oil, or the wick, he is liable. Rabbi Yose exempts in all cases, except for the wick, because he makes charcoal.

They may not place an egg at the side of a boiler for it to be lightly roasted and one must not break it into a [hot] cloth. And Rabbi Yose permits it. And one may not put it away in hot sand or road dust for it to be roasted.

A donkey may go out with its saddle-cloth if it is tied to it. Rams may go out with hides tied to them. Ewes may go out with their tails tied up, tied down, or covered. Goats may go out [with their udders] tied up. Rabbi Yose forbids in all these cases, save ewes that are covered. Rabbi Judah says: goats may go out [with their udders] tied in order to dry them up, but not to save their milk.

A crippled person [lacking a leg] may go out with his wooden stump, the words of Rabbi Meir. Rabbi Yose forbids it. And if it has a receptacle for pads, it is unclean. His supports are unclean through midras, and one may go out with them on Shabbat, and enter the Temple court while wearing them. His chair and its supports are unclean through midras, and one may not go out with them on Shabbat, and one may not enter the Temple court with them. An artificial arm is clean, but one may not go out with it [on Shabbat].

A shard, as much as is needed for placing between one board and another, the words of Rabbi Judah. Rabbi Meir says: enough to scoop out the coals with it. Rabbi Yose says: large enough to contain a revi’it. Rabbi Meir said: even though there is no proof of the matter, there is a hint: “So that no shard is left in its breakage to scoop coals from a brazier” (Isaiah 30:1. Rabbi Yose said to him: proof [of my view] is from there [as well]: “Or to take ladle water from a puddle” (ibid).

A shard, as much as is needed for placing between one board and another, the words of Rabbi Judah. Rabbi Meir says: enough to scoop out the coals with it. Rabbi Yose says: large enough to contain a revi’it. Rabbi Meir said: even though there is no proof of the matter, there is a hint: “So that no shard is left in its breakage to scoop coals from a brazier” (Isaiah 30:1. Rabbi Yose said to him: proof [of my view] is from there [as well]: “Or to take ladle water from a puddle” (ibid).

They do not prepare [pickling] brine on Shabbat, but he may prepare salt water and dip his bread into it or put it into a cooked dish. Rabbi Yose said: but that is brine, whether [one prepares] much or little? Rather what is the salt water that is permitted? Oil is first put into the water or into the salt.

Food for three meals may be saved, that which is fit for a person, for a person, that which is fit for a beast, for a beast. How is this so? If a fire breaks out on the eve of Shabbat, food for three meals may be saved. If in the morning, food for two meals may be saved. If at [the time of] minhah, food for one meal. Rabbi Yose says: at all times we may save food for three meals.

And to there he may carry out all his utensils; And he may wear all that he can wear and wrap himself in all that he can wrap himself. Rabbi Yose says: [only] eighteen pieces of clothing. Then he may go back in and put on [more clothes] and carry them out. And he may say to others, “Come and save with me.”

Rabbi Shimon ben Nannas says: one may spread a goat skin over a box, chest, or trunk which has caught fire, because he singes. And one may make a barrier with all vessels, whether full [of water] or empty, that the fire should not travel onward. Rabbi Yose forbids in the case of new earthen vessels filled with water, because since they cannot stand the heat, they will burst and extinguish the fire.

Rabbi Yose says: all vessels may be carried, except a large saw and the pin of a plough. All vessels may be carried whether required or not required. Rabbi Nehemiah says: they may be handled only for what is required.

All lids of utensils which have a handle may be carried on Shabbat. Rabbi Yose said: in reference to what is that said? In the case of lids which cover the ground, but lids of vessels may in any case be carried on Shabbat.

One may not deliver an animal [in giving birth] on a festival, but one may assist it. One may deliver a woman [in giving birth] on Shabbat, summon a midwife for her from place to place, desecrate Shabbat on her account, and tie up the umbilical cord. Rabbi Yose says: one may cut it too. And all the requirements of circumcision may be done on Shabbat.

The side-posts of which they spoke [must be no less than] ten hand-breadths in height, but their width and thickness may be of any size whatsoever. Rabbi Yose says: their width [must be no less than] three handbreadths.

One may make the side-posts out of anything, even something that is alive. But Rabbi Yose prohibits this. It also causes defilement as the covering of a tomb, But Rabbi Meir makes pure. One may write on them gittin, But Rabbi Yose the Galilean declares it unfit.

One may make the side-posts out of anything, even something that is alive. But Rabbi Yose prohibits this. It also causes defilement as the covering of a tomb, But Rabbi Meir makes pure. One may write on them gittin, But Rabbi Yose the Galilean declares it unfit.

They may also surround [the camp] with reeds, provided there is no [gap of] three handbreadths between one reed and the next. [The rabbis] spoke only of a caravan, the words of Rabbi Judah. But the sages say that they only spoke of a caravan because it is a usual occurrence. Any partition that is not [made up of] both vertical and horizontal [pieces] is not a valid partition, the words of Rabbi Yose bar Judah. But the sages say: one of the two [is sufficient]. They exempted four obligations [to soldiers] in an encampment: They may bring wood from anywhere; they are exempt from the washing of the hands, and from [separating tithes from] doubtfully tithed produce (demai) and from the setting up an eruv.

Rabbi Judah ben Bava further said: a garden or a karpaf whose [area does not exceed] seventy cubits and a fraction by seventy cubits and a fraction, which is surrounded by a fence ten handbreadths high, it is permitted to carry within it, provided there is in it a watchman’s hut or a dwelling place or it is near to a town. Rabbi Judah says: even if it contained only a cistern, a ditch or a cave it is permitted to carry within it. Rabbi Akiva says: even if it contained none of these it is permitted to carry within it, provided its area [does not exceed] seventy cubits and a fraction by seventy cubits and a fraction. Rabbi Eliezer says: if its length exceeded its breadth even by a single cubit it is not permitted to carry within it. Rabbi Yose says: even if its length is twice its breadth it is permitted to carry within it.

[An eruv] which rolled away beyond the [Shabbat] limit, or a heap of stones fell on it, or was burnt, [or was] terumah and became impure: [If one of these occurred] while it was yet day, it is invalid, [But if it occurred] after it became dark the eruv is valid. If it is doubtful [when it occurred]: Rabbi Meir and Rabbi Judah say: this is a donkey-driver/camel driver. Rabbi Yose and Rabbi Shimon say: a doubtful eruv is valid. Rabbi Yose says: Avtulmos testified on the authority of five elders that a doubtful eruv is valid.

[An eruv] which rolled away beyond the [Shabbat] limit, or a heap of stones fell on it, or was burnt, [or was] terumah and became impure: [If one of these occurred] while it was yet day, it is invalid, [But if it occurred] after it became dark the eruv is valid. If it is doubtful [when it occurred]: Rabbi Meir and Rabbi Judah say: this is a donkey-driver/camel driver. Rabbi Yose and Rabbi Shimon say: a doubtful eruv is valid. Rabbi Yose says: Avtulmos testified on the authority of five elders that a doubtful eruv is valid.

Rabbi Yose says: When does this apply? To the beginnings of the eruv but in the case of the remnants of an eruv even the smallest quantity of food is sufficient, They said that one should set up an eruv for courtyards only so that the law should not be forgotten by the children.

One who leaves his house and goes to spend Shabbat in another town, whether he was a Gentile or an Israelite, he prohibits [the other residents from using the eruv], the words of Rabbi Meir. Rabbi Judah says: he does not prohibit. Rabbi Yose says: a Gentile prohibits but an Israelite does not prohibit because it is not usual for an Israelite to return on Shabbat. Rabbi Shimon says: even if he left his house and went to spend Shabbat with his daughter in the same town he does not prohibit, since he turned his attention away.

A courtyard [whose walls] were breached from two sides, and so also a house [whose walls] were breached from two of its sides, or an alley from which the cross-beam or side-post was removed: They are permitted for that Shabbat but prohibited for the future, the words of Rabbi Judah. Rabbi Yose says: if they are permitted on that Shabbat they are also permitted for the future and if they are prohibited in the future, they are also prohibited for that Shabbat.

A man may not stand in a private domain and open a door in the public domain, or in the public domain and open a door in a private domain, unless he has made a partition ten handbreadths high, the words of Rabbi Meir. They said to him: it happened at the [oxen and chicken] fatteners’ market in Jerusalem that they would lock their shops and leave the key in a window above a shop door. Rabbi Yose says: it was the wool-dealers’ market.

A bolt which has a knob at one end: Rabbi Eliezer forbids it [to be moved]; But Rabbi Yose permits it. Rabbi Eliezer said: It happened in a synagogue in Tiberias that they were customary to permit it, until Rabban Gamaliel and the elders came and forbade it to them. Rabbi Yose said: they treated it as forbidden, Rabban Gamaliel and the elders came and permitted it to them.

A bolt which has a knob at one end: Rabbi Eliezer forbids it [to be moved]; But Rabbi Yose permits it. Rabbi Eliezer said: It happened in a synagogue in Tiberias that they were customary to permit it, until Rabban Gamaliel and the elders came and forbade it to them. Rabbi Yose said: they treated it as forbidden, Rabban Gamaliel and the elders came and permitted it to them.

Rabbi Meir said: from their words we learn that we may burn clean terumah together with unclean terumah on Pesah. Rabbi Yose said: that is not a [proper] analogy. And Rabbi Eliezer and Rabbi Joshua agree that each is burnt separately. Concerning what do they disagree? In respect of doubtful [terumah] and unclean [terumah]: Rabbi Eliezer says: each is burnt separately But Rabbi Joshua rules: both together.

Rabbi Meir says: any work which he began before the fourteenth, he may finish it on the fourteenth; but he may not begin [new work] on the fourteenth, even if he can finish it [on the same day]. The sages say: three craftsmen may work on the eve of Pesah until midday, and these are they: tailors, hairdressers, and laundrymen. Rabbi Yose bar Judah says: shoemakers too.

How is the pesah roasted? They bring a spit of pomegranate wood and thrust it into its mouth [right down] as far as its buttocks, and place its legs and its entrails inside it, the words of Rabbi Yose the Galilean. Rabbi Akiva says: this is like boiling, rather they are hung outside it.

They may not slaughter the pesah for a single person, the words of Rabbi Judah. But Rabbi Yose permits it. And even a company of a hundred who cannot eat as much as an olive, one may not slaughter [a pesah] for them. And one may not form a company of women and slaves and minors.

What is “a far-off journey”? From Modi’im and beyond, and the same distance on all sides [of Jerusalem], the words of Rabbi Akiva. Rabbi Eliezer says: from the threshold of the Temple court and beyond. Rabbi Yose said to him: for that reason the heh has a dot on it in order to say, not because it is really far-off, but [even when one is] from the threshold of the Temple court and beyond.

What did they do with the appropriation? They bring with it the daily burnt-offerings (tamidim) and the additional burnt-offerings (musafim) and their libations, the omer and the two loaves and the showbread and all the other public offerings. Those who guard the aftergrowths of the seventh year take their wages out of the appropriation from the chamber. Rabbi Yose says: [if a man wished] he could volunteer to watch without payment. But they said to him: you too admit that they can only be offered out of public funds.

[They further decreed] concerning the salt and the wood that the priests may benefit from them. And concerning the [red] heifer that using its ashes is not considered sacrilege. And concerning bird-offerings which had become unfit [for sacrifice], that [others] should be offered [in their place] out of public funds. Rabbi Yose says: the one who supplied the bird-offerings was bound to supply [those which had to be offered in the place of] those which had become unfit.

Any spit found in Jerusalem is clean except that which is [found] in the upper market, the words of Rabbi Meir. Rabbi Yose says: at other times of the year [spit found] in the middle [of the road] is unclean but [spit found] at the sides [of the road] is clean; but at festivals time [spit found] in the middle [of the road] is clean, while [that which is found] at the sides [of the road] is unclean, since they are few in number, they remove themselves to the sides of the road.