yose
4944 occurrences across the corpus
The Jerusalem Talmud
There, we have stated: “If somebody says, ‘I undertake [to bring] on a pan’ and he brought in a deep vessel, in a deep vessel and he brought on a pan.” Rebbi Yose in the name of Rebbi Simeon ben Laqish: This is the House of Shammai’s, since the House of Shammai say, “dedication in error is dedication.” Rebbi Ze‘ira asked before Rebbi Yose: Why do we not explain it according to everybody, if he said, “I said, on a pan”? But if he said, “I undertake [to bring] on a pan,” and then he changed his mind and said, “in a deep vessel”, he fulfilled his duty. Rebbi Ḥanina and Rebbi Yasa came in the name of Rebbi Joḥanan: it is everybody’s opinion. Rebbi Jeremiah asked: If he said, “I undertake [to bring] on a pan or in a deep vessel,” turned around and said, “on a pan”, and turned around and said, “in a deep vessel”? Rebbi Jehudah bar Pazi in the name of Rebbi Aḥa, Rebbi Hama in the name of Rebbi Yose: He determines even orally. They thought to say, even holidays determine, even vessels determine.
There, we have stated: “Rebbi Yose ben Rebbi Jehudah says, He made error equal to intent for substitution, but not for sacrifices.” Ḥizqiah said, in error: a prohibition, the one who substitutes: a prohibition. If he wants to say “profane” but said “an elevation sacrifice”, it is sanctified. If he wants to say “an elevation sacrifice” but said “profane”, it is not sanctified. It follows that Rebbi Joḥanan, interpreting Rebbi Yose ben Rebbi Jehudah, parallels Rebbi Jeremiah’s explanation regarding the House of Shammai on sacrifices. In Rebbi Joḥanan’s opinion, may one understand that “He made error equal to intent for substitution, but not for sacrifices,” if somebody dedicates a firstling? Can it be dedicated? Did not Rebbi Ḥiyya, Rebbi Aḥa, and Rebbi Yasa say in the name of Rebbi Joḥanan: If somebody dedicated a firstling and it was brought to the altar, it is not sanctified even for its money’s worth. If somebody dedicated a blemished animal for the altar, even as a substitute it is not sanctified. But if somebody dedicated an animal with a temporary blemish. Is that consistent with whipping? Rebbi Yudan, Rebbi Mattaniah’s father, said, explain it if he gave unblemished animals for the upkeep of the Temple.
There, we have stated: “Rebbi Yose ben Rebbi Jehudah says, He made error equal to intent for substitution, but not for sacrifices.” Ḥizqiah said, in error: a prohibition, the one who substitutes: a prohibition. If he wants to say “profane” but said “an elevation sacrifice”, it is sanctified. If he wants to say “an elevation sacrifice” but said “profane”, it is not sanctified. It follows that Rebbi Joḥanan, interpreting Rebbi Yose ben Rebbi Jehudah, parallels Rebbi Jeremiah’s explanation regarding the House of Shammai on sacrifices. In Rebbi Joḥanan’s opinion, may one understand that “He made error equal to intent for substitution, but not for sacrifices,” if somebody dedicates a firstling? Can it be dedicated? Did not Rebbi Ḥiyya, Rebbi Aḥa, and Rebbi Yasa say in the name of Rebbi Joḥanan: If somebody dedicated a firstling and it was brought to the altar, it is not sanctified even for its money’s worth. If somebody dedicated a blemished animal for the altar, even as a substitute it is not sanctified. But if somebody dedicated an animal with a temporary blemish. Is that consistent with whipping? Rebbi Yudan, Rebbi Mattaniah’s father, said, explain it if he gave unblemished animals for the upkeep of the Temple.
Rebbi Yose ben Rebbi Jehudah follows his father’s method: If somebody dedicated unblemished animals for the upkeep of the Temple, he violates a positive commandment. Why also a prohibition? The verse says: “The Eternal spoke to Moses לאמר”: a prohibition was pronounced, the words of Rebbi Jehudah. Rebbi was sitting and studying the rule that “a firstling cannot be substituted” when Bar Pedaiah’s father was passing by. Rebbi saw him, and said, do I know what I should say here, “the Eternal spoke to Moses לאמר,” could one explain the words of Rebbi Jehudah? Is it written thus? It follows what Rebbi Immi said in the name of Rebbi Joḥanan: For interpretation, one removes from its beginning to its end. Rebbi Ḥanina in the name of Rebbi Jeremiah: Even a middle word. “You have to pour oil on.” You have to pour oil on a flour offering, to subject all flour offerings to pouring.
There, we have stated: “The public sale of orphans’ property goes on for 30 days, the public sale of Temple property goes on for 30 days, and they are publicly announed mornings and evenings.” Rebbi Mana said, Rebbi Eliezer is afraid of trickery, Rebbi Joshua is not afraid of trickery. Rebbi Yose ben Rebbi Abun said, Rebbi Eliezer follows the House of Shammai and Rebbi Joshua the House of Hillel. Rebbi Eliezer follows the House of Shammai, since the House of Shammai say, a person may ask about his dedication; could he say that he does not have to vow usufruct? Rebbi Joshua follows the House of Hillel, since the House of Hillel say, a person may not ask about his dedication; could he say that he has to vow usufruct? In any case, could not a man ask about his vow of usufruct? Rebbi Joshua agrees that a guarantor must execute a vow of usufruct. What does Rebbi Joshua say about a gift? Since he gives voluntarily, he does not have to vow usufruct, or since [the recipient’s] power is small and [the donor] may change his mind, does he have to vow usufruct? Let us hear from the following: The husband of a relative of Rebbi Ḥaggai owed on a document. The creditor came and foreclosed. The case came before Rebbi Aḥa, who said, he owes a vow of usufruct. Rebbi Yose said, he does not have to vow usufruct. The colleagues said before Rebbi Aḥa [and] Rebbi Yose: Does Rebbi Aḥa say it correctly? Since if he takes her back, does not the creditor come and foreclose? Rebbi Yose said to them, she turns it into jewelry or keeps it as additions to her dowry. Rebbi Ḥaggai said, by Moses! Rebbi Yose says it correctly. It was executed following Rebbi Aḥa.
There, we have stated: “The public sale of orphans’ property goes on for 30 days, the public sale of Temple property goes on for 30 days, and they are publicly announed mornings and evenings.” Rebbi Mana said, Rebbi Eliezer is afraid of trickery, Rebbi Joshua is not afraid of trickery. Rebbi Yose ben Rebbi Abun said, Rebbi Eliezer follows the House of Shammai and Rebbi Joshua the House of Hillel. Rebbi Eliezer follows the House of Shammai, since the House of Shammai say, a person may ask about his dedication; could he say that he does not have to vow usufruct? Rebbi Joshua follows the House of Hillel, since the House of Hillel say, a person may not ask about his dedication; could he say that he has to vow usufruct? In any case, could not a man ask about his vow of usufruct? Rebbi Joshua agrees that a guarantor must execute a vow of usufruct. What does Rebbi Joshua say about a gift? Since he gives voluntarily, he does not have to vow usufruct, or since [the recipient’s] power is small and [the donor] may change his mind, does he have to vow usufruct? Let us hear from the following: The husband of a relative of Rebbi Ḥaggai owed on a document. The creditor came and foreclosed. The case came before Rebbi Aḥa, who said, he owes a vow of usufruct. Rebbi Yose said, he does not have to vow usufruct. The colleagues said before Rebbi Aḥa [and] Rebbi Yose: Does Rebbi Aḥa say it correctly? Since if he takes her back, does not the creditor come and foreclose? Rebbi Yose said to them, she turns it into jewelry or keeps it as additions to her dowry. Rebbi Ḥaggai said, by Moses! Rebbi Yose says it correctly. It was executed following Rebbi Aḥa.
There, we have stated: “The public sale of orphans’ property goes on for 30 days, the public sale of Temple property goes on for 30 days, and they are publicly announed mornings and evenings.” Rebbi Mana said, Rebbi Eliezer is afraid of trickery, Rebbi Joshua is not afraid of trickery. Rebbi Yose ben Rebbi Abun said, Rebbi Eliezer follows the House of Shammai and Rebbi Joshua the House of Hillel. Rebbi Eliezer follows the House of Shammai, since the House of Shammai say, a person may ask about his dedication; could he say that he does not have to vow usufruct? Rebbi Joshua follows the House of Hillel, since the House of Hillel say, a person may not ask about his dedication; could he say that he has to vow usufruct? In any case, could not a man ask about his vow of usufruct? Rebbi Joshua agrees that a guarantor must execute a vow of usufruct. What does Rebbi Joshua say about a gift? Since he gives voluntarily, he does not have to vow usufruct, or since [the recipient’s] power is small and [the donor] may change his mind, does he have to vow usufruct? Let us hear from the following: The husband of a relative of Rebbi Ḥaggai owed on a document. The creditor came and foreclosed. The case came before Rebbi Aḥa, who said, he owes a vow of usufruct. Rebbi Yose said, he does not have to vow usufruct. The colleagues said before Rebbi Aḥa [and] Rebbi Yose: Does Rebbi Aḥa say it correctly? Since if he takes her back, does not the creditor come and foreclose? Rebbi Yose said to them, she turns it into jewelry or keeps it as additions to her dowry. Rebbi Ḥaggai said, by Moses! Rebbi Yose says it correctly. It was executed following Rebbi Aḥa.
There, we have stated: “The public sale of orphans’ property goes on for 30 days, the public sale of Temple property goes on for 30 days, and they are publicly announed mornings and evenings.” Rebbi Mana said, Rebbi Eliezer is afraid of trickery, Rebbi Joshua is not afraid of trickery. Rebbi Yose ben Rebbi Abun said, Rebbi Eliezer follows the House of Shammai and Rebbi Joshua the House of Hillel. Rebbi Eliezer follows the House of Shammai, since the House of Shammai say, a person may ask about his dedication; could he say that he does not have to vow usufruct? Rebbi Joshua follows the House of Hillel, since the House of Hillel say, a person may not ask about his dedication; could he say that he has to vow usufruct? In any case, could not a man ask about his vow of usufruct? Rebbi Joshua agrees that a guarantor must execute a vow of usufruct. What does Rebbi Joshua say about a gift? Since he gives voluntarily, he does not have to vow usufruct, or since [the recipient’s] power is small and [the donor] may change his mind, does he have to vow usufruct? Let us hear from the following: The husband of a relative of Rebbi Ḥaggai owed on a document. The creditor came and foreclosed. The case came before Rebbi Aḥa, who said, he owes a vow of usufruct. Rebbi Yose said, he does not have to vow usufruct. The colleagues said before Rebbi Aḥa [and] Rebbi Yose: Does Rebbi Aḥa say it correctly? Since if he takes her back, does not the creditor come and foreclose? Rebbi Yose said to them, she turns it into jewelry or keeps it as additions to her dowry. Rebbi Ḥaggai said, by Moses! Rebbi Yose says it correctly. It was executed following Rebbi Aḥa.
There, we have stated: “The public sale of orphans’ property goes on for 30 days, the public sale of Temple property goes on for 30 days, and they are publicly announed mornings and evenings.” Rebbi Mana said, Rebbi Eliezer is afraid of trickery, Rebbi Joshua is not afraid of trickery. Rebbi Yose ben Rebbi Abun said, Rebbi Eliezer follows the House of Shammai and Rebbi Joshua the House of Hillel. Rebbi Eliezer follows the House of Shammai, since the House of Shammai say, a person may ask about his dedication; could he say that he does not have to vow usufruct? Rebbi Joshua follows the House of Hillel, since the House of Hillel say, a person may not ask about his dedication; could he say that he has to vow usufruct? In any case, could not a man ask about his vow of usufruct? Rebbi Joshua agrees that a guarantor must execute a vow of usufruct. What does Rebbi Joshua say about a gift? Since he gives voluntarily, he does not have to vow usufruct, or since [the recipient’s] power is small and [the donor] may change his mind, does he have to vow usufruct? Let us hear from the following: The husband of a relative of Rebbi Ḥaggai owed on a document. The creditor came and foreclosed. The case came before Rebbi Aḥa, who said, he owes a vow of usufruct. Rebbi Yose said, he does not have to vow usufruct. The colleagues said before Rebbi Aḥa [and] Rebbi Yose: Does Rebbi Aḥa say it correctly? Since if he takes her back, does not the creditor come and foreclose? Rebbi Yose said to them, she turns it into jewelry or keeps it as additions to her dowry. Rebbi Ḥaggai said, by Moses! Rebbi Yose says it correctly. It was executed following Rebbi Aḥa.
There, you say: “It shall leave and graze with the herd.” And here, you say so? Rebbi Yose ben Rebbi Abun said, there he asked about his vow of nazir. Because of the vow of nazir did his sacrifices become profane.
Rav Zakkai stated before Rebbi Joḥanan: If somebody sacrificed, burned incense, and poured a libation in one forgetting, he is guilty for each action separately. Rebbi Joḥanan told him, Babylonian! You crossed three rivers with your hands and were broken. He is guilty only once! {Before he broke in his hand there is “one” but not “those”; after he broke in his hand there are “those” but not “one”.} Rebbi Abba bar Mamal asked before Rebbi Ze‘ira: Should he not be guilty for each action separately? As you say for the Sabbath: “Do not perform any work,” principle. “Do not light fire in any of your dwelling places,” a detail. Was not lighting fire subsumed under the principle, but it is mentioned separately from this principle! Since lighting fire is special in that it is the work of a single individual and one would be guilty for it alone, so everything for which alone one is guilty. Also here: “Do not worship them,” a principle. “Do not prostrate yourself,” a detail. Was not prostrating itself included in the principle and why was it mentioned separately? To infer, to tell you that prostrating oneself is special in that it is the work of a single individual and one would be guilty for it alone, so everything for which alone one is guilty. He answered: For the Sabbath, he mentioned the principle at one place and the details at another place. For idol worship, the principle is found close to the detail. He retorted: Is it not witten: “Do not prostrate yourself before another power”? He did not state the principle and the detail at the same spot! He said, since you do not infer anything from it close up, you cannot infer anything from afar. The colleagues say, it makes no difference; whether He gave the principle at one place and the detail at another, or gave principle and detail at the same place, it is a matter of principle and detail. For the Sabbath, He first gave the principle and then the detail. For idolatry, He gave the detail and only later the principle. Rebbi Yose said, it makes no difference whether [He first gave the principle and then the detail or He gave the detail and only later the principle, or He gave principle, detail, and principle]; it is a matter of principle and detail. For the Sabbath, He gave a general prohibition of work, followed by details; for idolatry, He was indeterminate regarding its worship but detailed the worship of Heaven.
But here, skins and seeds were understood in the principle, and were listed separately. Should they not be separate rather than common? But there, the principle is at one place and the details are at another place. But did not the colleagues say: It makes no difference: Whether he stated the principle and then a detail or the detail and after that the principle. And here, he stated the principle and then a detail. But did not Rebbi Yose say, there is no difference whether He gave principle, detail, and principle, it is the principle and then a detail, it is counted as the principle and then a detail. There, the detail was not necessary. Why were they detailed? To exclude leaves and twigs. But was it not stated in the name of Rebbi Eliezer: “From anything coming from the wine-vine, from skins to seeds, he shall not eat;” leaves and twigs are also understood. There, they are mentioned for a need, but here, they are mentioned without need. Why? For additions.
Warning for one who eats carcass meat, from where? “You shall not eat any carcass meat.” That covers carcass meat; from a “torn” animal from where? Rebbi Joḥanan said, “carcass meat” and “any carcass meat”, to include the “torn” animal. If somebody eats flesh from a living animal which is “torn”, Rebbi Yasa said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan said, he is guilty twice, Rebbi Simeon ben Laqish said, he is guilty only once. What is the reason of Rebbi Joḥanan? “You shall not eat any carcass meat;” “you shall not eat of life with the flesh.” What is the reason of Rebbi Simeon ben Laqish? The colleagues said before Rebbi Yose: The assertion of Rebbi Simeon ben Laqish parallels what Rebbi Eliezer ben Jacob stated: “ ‘Flesh torn on the field you shall not eat’, you shall not tear from an animal and eat in the way you tear from the ground and eat.” What is the reason of Rebbi Simeon ben Laqish? The colleagues before Rebbi Yose: Rebbi Simeon ben Laqish does not hold with Rebbi Joḥanan about the “torn” animal; if he did hold with him, one should be twice guilty. He said to them, even if he held with him, one should be guilty only once. There is a difference, because He repeated it and combined it. They objected: “Suet you shall not eat,” “and blood you shall not eat,” and it is written: “Any suet and any blood you shall not eat.” Then because He repeated it and combined it, one should be guilty only once! He said to them, if it were written “suet and blood”, you would be correct. But it is written “any suet and any blood,” to declare him guilty for each case separately. But it is not written: “Anything soaked with grapes he shall not drink,” and it is written, “from skins to seeds he shall not eat.” Then because He repeated it and combined it, one should be guilty only once! He said to them, if it were written “skins and seeds”, you would be correct. But it is written “skins unto seeds,” to declare him guilty for each case separately.
Warning for one who eats carcass meat, from where? “You shall not eat any carcass meat.” That covers carcass meat; from a “torn” animal from where? Rebbi Joḥanan said, “carcass meat” and “any carcass meat”, to include the “torn” animal. If somebody eats flesh from a living animal which is “torn”, Rebbi Yasa said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan said, he is guilty twice, Rebbi Simeon ben Laqish said, he is guilty only once. What is the reason of Rebbi Joḥanan? “You shall not eat any carcass meat;” “you shall not eat of life with the flesh.” What is the reason of Rebbi Simeon ben Laqish? The colleagues said before Rebbi Yose: The assertion of Rebbi Simeon ben Laqish parallels what Rebbi Eliezer ben Jacob stated: “ ‘Flesh torn on the field you shall not eat’, you shall not tear from an animal and eat in the way you tear from the ground and eat.” What is the reason of Rebbi Simeon ben Laqish? The colleagues before Rebbi Yose: Rebbi Simeon ben Laqish does not hold with Rebbi Joḥanan about the “torn” animal; if he did hold with him, one should be twice guilty. He said to them, even if he held with him, one should be guilty only once. There is a difference, because He repeated it and combined it. They objected: “Suet you shall not eat,” “and blood you shall not eat,” and it is written: “Any suet and any blood you shall not eat.” Then because He repeated it and combined it, one should be guilty only once! He said to them, if it were written “suet and blood”, you would be correct. But it is written “any suet and any blood,” to declare him guilty for each case separately. But it is not written: “Anything soaked with grapes he shall not drink,” and it is written, “from skins to seeds he shall not eat.” Then because He repeated it and combined it, one should be guilty only once! He said to them, if it were written “skins and seeds”, you would be correct. But it is written “skins unto seeds,” to declare him guilty for each case separately.
Rebbi [Yose] said to the colleagues: You should know that Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree: If somebody split a limb from a living animal and ate it, everybody agrees that he is free from prosecution. Where do they disagree? If he split it in his mouth before he ate it. Rebbi Joḥanan considers his mouth as inside, Rebbi Simeon ben Laqish considers his mouth as outside. They asked him, what do you say? He answered them, I informed you that mighty mountains disagree, and you ask this? If it is so, even if he split it outside and then ate, he should be guilty! Why? That is how one eats. If somebody split an ant in his mouth and ate it, that is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Maisha asked Rebbi Ze‘ira: If he split a grape in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? He answered, there it is something for which there is a prohibition and impurity. In a circumstance in which its impurity disappeard, its prohibition disappeared. But here is a prohibition and no impurity. Rebbi Abba ben Rebbi Mamal asked: If he split an olive-sized bit of mazzah in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Rebbi Yose ben Rebbi Abun said, in the other cases, his palate did not enjoy an olive sized bit. The rabbis of Caesarea said that Rebbi Nisa asked: If he split in his mouth pomegranate berries which are ‘orlah and ate them, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Where do we hold? If because of fluids, we already did state: “Nothing makes impure as a drink except what comes from olives and grapes.” The rabbis of Caesarea said, explain it if he swallowed them.
Rebbi [Yose] said to the colleagues: You should know that Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree: If somebody split a limb from a living animal and ate it, everybody agrees that he is free from prosecution. Where do they disagree? If he split it in his mouth before he ate it. Rebbi Joḥanan considers his mouth as inside, Rebbi Simeon ben Laqish considers his mouth as outside. They asked him, what do you say? He answered them, I informed you that mighty mountains disagree, and you ask this? If it is so, even if he split it outside and then ate, he should be guilty! Why? That is how one eats. If somebody split an ant in his mouth and ate it, that is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Maisha asked Rebbi Ze‘ira: If he split a grape in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? He answered, there it is something for which there is a prohibition and impurity. In a circumstance in which its impurity disappeard, its prohibition disappeared. But here is a prohibition and no impurity. Rebbi Abba ben Rebbi Mamal asked: If he split an olive-sized bit of mazzah in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Rebbi Yose ben Rebbi Abun said, in the other cases, his palate did not enjoy an olive sized bit. The rabbis of Caesarea said that Rebbi Nisa asked: If he split in his mouth pomegranate berries which are ‘orlah and ate them, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Where do we hold? If because of fluids, we already did state: “Nothing makes impure as a drink except what comes from olives and grapes.” The rabbis of Caesarea said, explain it if he swallowed them.
A “torn” [creature] that was turned into a carcass. Rebbi Yasa, the son of Rebbi Yasa’s daughter, in the name of Rebbi Jeremiah: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan says, he is guilty twice; Rebbi Simeon ben Laqish said, he is guilty only once. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose, the following supports Rebbi Joḥanan: “ ‘Any person who would eat any carcass meat,’ why does the verse say ‘and torn’? If a ‘torn’ animal can survive, was ‘carcass meat’ mentioned before? If a ‘torn’ animal must die, is it not included in ‘carcass meat’ ”? Should he not say, it is carcass meat? Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: The reason of Rebbi Yose: “Do not defile yourself by animals and birds,” but only the Eight Reptiles impart impurity! But the measure of their impurities is the measure of their uses as food. Rebbi Eleazar objected: May not the limbs of pure animals impart impurity in the most minute amount but as food only in the volume of an olive? He accepted it. What is meant by “he accepted it”? Like a person who said, the opponent accepted it. Ḥiyya bar Abba said: “You shall not [eat] any carcass meat.” The Torah identified all eating together. Rebbi Ḥanina objected: Is not the impurity of the Eight Reptiles in the size of a lentil, but as food in the volume of an olive, whether for blood or for meat?
A “torn” [creature] that was turned into a carcass. Rebbi Yasa, the son of Rebbi Yasa’s daughter, in the name of Rebbi Jeremiah: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan says, he is guilty twice; Rebbi Simeon ben Laqish said, he is guilty only once. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose, the following supports Rebbi Joḥanan: “ ‘Any person who would eat any carcass meat,’ why does the verse say ‘and torn’? If a ‘torn’ animal can survive, was ‘carcass meat’ mentioned before? If a ‘torn’ animal must die, is it not included in ‘carcass meat’ ”? Should he not say, it is carcass meat? Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: The reason of Rebbi Yose: “Do not defile yourself by animals and birds,” but only the Eight Reptiles impart impurity! But the measure of their impurities is the measure of their uses as food. Rebbi Eleazar objected: May not the limbs of pure animals impart impurity in the most minute amount but as food only in the volume of an olive? He accepted it. What is meant by “he accepted it”? Like a person who said, the opponent accepted it. Ḥiyya bar Abba said: “You shall not [eat] any carcass meat.” The Torah identified all eating together. Rebbi Ḥanina objected: Is not the impurity of the Eight Reptiles in the size of a lentil, but as food in the volume of an olive, whether for blood or for meat?
A “torn” [creature] that was turned into a carcass. Rebbi Yasa, the son of Rebbi Yasa’s daughter, in the name of Rebbi Jeremiah: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan says, he is guilty twice; Rebbi Simeon ben Laqish said, he is guilty only once. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose, the following supports Rebbi Joḥanan: “ ‘Any person who would eat any carcass meat,’ why does the verse say ‘and torn’? If a ‘torn’ animal can survive, was ‘carcass meat’ mentioned before? If a ‘torn’ animal must die, is it not included in ‘carcass meat’ ”? Should he not say, it is carcass meat? Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: The reason of Rebbi Yose: “Do not defile yourself by animals and birds,” but only the Eight Reptiles impart impurity! But the measure of their impurities is the measure of their uses as food. Rebbi Eleazar objected: May not the limbs of pure animals impart impurity in the most minute amount but as food only in the volume of an olive? He accepted it. What is meant by “he accepted it”? Like a person who said, the opponent accepted it. Ḥiyya bar Abba said: “You shall not [eat] any carcass meat.” The Torah identified all eating together. Rebbi Ḥanina objected: Is not the impurity of the Eight Reptiles in the size of a lentil, but as food in the volume of an olive, whether for blood or for meat?
A “torn” [creature] that was turned into a carcass. Rebbi Yasa, the son of Rebbi Yasa’s daughter, in the name of Rebbi Jeremiah: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan says, he is guilty twice; Rebbi Simeon ben Laqish said, he is guilty only once. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose, the following supports Rebbi Joḥanan: “ ‘Any person who would eat any carcass meat,’ why does the verse say ‘and torn’? If a ‘torn’ animal can survive, was ‘carcass meat’ mentioned before? If a ‘torn’ animal must die, is it not included in ‘carcass meat’ ”? Should he not say, it is carcass meat? Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: The reason of Rebbi Yose: “Do not defile yourself by animals and birds,” but only the Eight Reptiles impart impurity! But the measure of their impurities is the measure of their uses as food. Rebbi Eleazar objected: May not the limbs of pure animals impart impurity in the most minute amount but as food only in the volume of an olive? He accepted it. What is meant by “he accepted it”? Like a person who said, the opponent accepted it. Ḥiyya bar Abba said: “You shall not [eat] any carcass meat.” The Torah identified all eating together. Rebbi Ḥanina objected: Is not the impurity of the Eight Reptiles in the size of a lentil, but as food in the volume of an olive, whether for blood or for meat?
Rebbi Samuel bar Sosarti asked: Then one who eats a limb from a kosher living animal should be guilty on two counts, because of “you shall not eat any carcass meat;” and because of “you shall not eat of life with the flesh.” Does one argue from kosher abour non-kosher animals? But did not Rebbi Eleazar argue from kosher about non-kosher animals? Then one who eats a limb from a non-kosher living animal should be guilty on three counts, because of “you shall not eat any carcass meat;” and because of “you shall not eat of life with the flesh”; and because of “you shall not eat from their flesh.” Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: If somebody ate five ants together, in one forgetting, he is guilty for each one separately because of “creature”. If he fragmented and ate them, he is guilty only once, if together they amount to the volume of an olive. If he ate of the fragments in the volume of an olive, he is guilty; if he ate of the fragments in the volume of an olive and an ant, he is guilty twice. If this is correct, then if he ate of the fragments less than the volume of an olive and an ant completed the volume of an olive, is he guilty twice? If this is correct, if the ate an ant the size of an olive, is he guilty twice? The same rule applies to combinations of a nazir. If he ate of the combinations in the volume of an olive, he is guilty. If he ate of the combinations in the volume of an olive and a grape berry, is he guilty twice? If this is correct, then if he ate a grape berry for the volume ofan olive, is he guilty twice? Rebbi Abbahu in the name of Rebbi Joḥanan: All [food] prohibitions combine together to be whipped for the volume of an olive, but for an ant one is guilty twice. Then if he ate prohibited food and an ant completed the volume of an olive, he is guilty twice. Then if he ate an ant the volume of an olive, he is guilty twice.
Rebbi Abbahu in the name of Rebbi Joḥanan: One estimates [food] prohibitions as if they concerned onions or leeks. This parallels what Rebbi Abbahu said in the name of Rebbi Yose ben Ḥanina: If carcass meat disappeared among slaughtered meat, its [impurity by] touch has disappeared by biblical law.
MISHNAH: One is guilty for wine separately, for grapes separately, for grape skins separately, for seeds separately. Rebbi Eleazar ben Azariah says, he is guilty only if he eats two חרצנים and their זגים. What are חרצנים and what זגים? חרצנים are the outer skins, זגים the inner (seeds), the words of Rebbi Jehudah. Rebbi Yose said, that you should make no mistake, like an animal’s bell, the outer shell is זוג, the inner the clapper.
“Fresh”, to include unripe berries. “Fresh”, to include the flower. The baraita follows Rebbi Yose, since Rebbi Yose said, the flower is forbidden for the nazir because it is a fruit. It is possible to eat a bunch of grapes and to be guilty in reference to “grapes, fresh or dried, he shall not eat.” If he soaked it for soaking, pressed it for wine, and they warned him about “anything that comes from the wine-vine”, etc.
“Fresh”, to include unripe berries. “Fresh”, to include the flower. The baraita follows Rebbi Yose, since Rebbi Yose said, the flower is forbidden for the nazir because it is a fruit. It is possible to eat a bunch of grapes and to be guilty in reference to “grapes, fresh or dried, he shall not eat.” If he soaked it for soaking, pressed it for wine, and they warned him about “anything that comes from the wine-vine”, etc.
What is Rebbi Yose’s reason? If one ate half the volume of an olive of seeds and peels from one grape berry, in Rebbi Eleazar ben Azariah’s opinion he is guilty, in the rabbis’ opinion he is not prosecutable. What is Rebbi Jehudah’s reason? If he ate the volume of an olive of peels and seeds from two grape berries, in Rebbi Eleazar ben Azariah’s opinion he is guilty only once, in the rabbis’ opinion he is guilty twice. Rebbi Abun said, it turns out that Rebbi Eleazar ben Azariah holds with Rebbi Jehudah, if he ate the volume of an olive of two זגים and their חרצנים?
There, we have stated: “Three categories of people shave and their shaving is a commandment: the nazir, the sufferer from skin disease, and the Levites. All these, if they shaved not with a knife or left two hairs,did not do anything.” Rebbi Eleazar said: The Mishnah [speaks] about an impure nazir. But a pure nazir, once he shaved most of his head, even if not with a knife, has acquitted himself [of his obligation]. Rebbi Immi, following Rebbi Eleazar (ben Azariah), asked: The only place where a knife is mentioned is about a pure nazir: “A shaving knife shall not pass over his head until the days are fulfilled.” Therefore, after he fulfilled them he needs a knife! Perhaps it was said only about an impure nazir with regard to two hairs. Rebbi Yose said to Rebbi Jacob bar Aḥa: Do you remember when we were studying Nazir, we said that there was no difference between scissors and a knife, and Rebbi Eleazar said: The Mishnah [speaks] about an impure nazir! Why not about a pure nazir? The pure nazir shaves after the blood was sprinkled. When that was sanctified, his vow was completed. But it is as if fallen out.
You say about a pure nazir that most of his hair hinders him. If he shaved a third but did not manage to finish until everything grew again: Is it sufficient that he shave the remainder or does he have to shave everything? You say about an impure nazir that two hairs hinder or two hairs make him start again. Similarly, for a pure nazir, do two hairs hinder him or two hairs make him start again? Rebbi Yose ben Rebbi Abun said, so it is, and it was stated: “Rebbi Simeon ben Jehudah said in the name of Rebbi Simeon, just as two hairs hinder him, so two hairs cause him to start again.”
Rebbi Ila said before Rebbi Yose: For whipping one, for hindering two, to start again three. A baraita disagrees with Rebbi Yose: “If he cropped any, he is guilty.” Rebbi Abba bar Mamal said, Rebbi Yasa explains it by a little bit from each one. A baraita disagrees with Samuel: A person may tear out two hairs and have violated four prohibitions: As a nazir, as a sufferer from sking disease, on a holiday, because of jaw stripping. We have enumerated the prohibitions; but with regard to whippings, one even whips for one.
Rebbi Ila said before Rebbi Yose: For whipping one, for hindering two, to start again three. A baraita disagrees with Rebbi Yose: “If he cropped any, he is guilty.” Rebbi Abba bar Mamal said, Rebbi Yasa explains it by a little bit from each one. A baraita disagrees with Samuel: A person may tear out two hairs and have violated four prohibitions: As a nazir, as a sufferer from sking disease, on a holiday, because of jaw stripping. We have enumerated the prohibitions; but with regard to whippings, one even whips for one.
HALAKHAH: It is written: “He has to vow to the Eternal the days of his nezirut,” from the day he brings his sacrifices, the words of Rebbi. Rebbi Yose ben Rebbi Jehudah says, from the time of his shaving. Rebbi Ze‘ira in the name of Rav Hoshaia, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Where do they disagree? If he shaved on the seventh and brought his sacrifices on the eighth. But if he shaved on the eighth and brought his sacrifices on the same day, everybody agrees on the day he brings his sacrifices. Rebbi Yose said, that is, if he immersed himself on the seventh. But if he immersed himself on the eighth, the eighth takes the place of the seventh and the seventh of the eighth; he counts only from that “seventh”. If he became impure and impure again, he brings a sacrifice for each occurrence. Rebbi Ze‘ira said, that statement follows Rebbi Yose ben Rebbi Jehudah, but following Rebbi this person still stays in impure nezirut. Rebbi Hila said, where do they disagree? To count nezirut in purity. “He has to vow to the Eternal the days of his nezirut and bring.” Rebbi said, until he actually brought. Rebbi Yose ben Rebbi Jehudah says, even if he was enabled to bring the sacrifice for impurity. Everybody agrees that he brings a sacrifice for impurity. It was stated thus: If he became impure on the seventh, and again impure on the eighth, he brings a sacrifice for each occurrence. In Rebbi Ze‘ira’s opinion, following Rebbi the first sacrifice is superseded and he brings the second; following Rebbi Yose ben Rebbi Jehudah it was not superseded. In Rebbi Hila’s opinion, everybody agrees that nothing is superseded and he brings another.
HALAKHAH: It is written: “He has to vow to the Eternal the days of his nezirut,” from the day he brings his sacrifices, the words of Rebbi. Rebbi Yose ben Rebbi Jehudah says, from the time of his shaving. Rebbi Ze‘ira in the name of Rav Hoshaia, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Where do they disagree? If he shaved on the seventh and brought his sacrifices on the eighth. But if he shaved on the eighth and brought his sacrifices on the same day, everybody agrees on the day he brings his sacrifices. Rebbi Yose said, that is, if he immersed himself on the seventh. But if he immersed himself on the eighth, the eighth takes the place of the seventh and the seventh of the eighth; he counts only from that “seventh”. If he became impure and impure again, he brings a sacrifice for each occurrence. Rebbi Ze‘ira said, that statement follows Rebbi Yose ben Rebbi Jehudah, but following Rebbi this person still stays in impure nezirut. Rebbi Hila said, where do they disagree? To count nezirut in purity. “He has to vow to the Eternal the days of his nezirut and bring.” Rebbi said, until he actually brought. Rebbi Yose ben Rebbi Jehudah says, even if he was enabled to bring the sacrifice for impurity. Everybody agrees that he brings a sacrifice for impurity. It was stated thus: If he became impure on the seventh, and again impure on the eighth, he brings a sacrifice for each occurrence. In Rebbi Ze‘ira’s opinion, following Rebbi the first sacrifice is superseded and he brings the second; following Rebbi Yose ben Rebbi Jehudah it was not superseded. In Rebbi Hila’s opinion, everybody agrees that nothing is superseded and he brings another.
HALAKHAH: It is written: “He has to vow to the Eternal the days of his nezirut,” from the day he brings his sacrifices, the words of Rebbi. Rebbi Yose ben Rebbi Jehudah says, from the time of his shaving. Rebbi Ze‘ira in the name of Rav Hoshaia, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Where do they disagree? If he shaved on the seventh and brought his sacrifices on the eighth. But if he shaved on the eighth and brought his sacrifices on the same day, everybody agrees on the day he brings his sacrifices. Rebbi Yose said, that is, if he immersed himself on the seventh. But if he immersed himself on the eighth, the eighth takes the place of the seventh and the seventh of the eighth; he counts only from that “seventh”. If he became impure and impure again, he brings a sacrifice for each occurrence. Rebbi Ze‘ira said, that statement follows Rebbi Yose ben Rebbi Jehudah, but following Rebbi this person still stays in impure nezirut. Rebbi Hila said, where do they disagree? To count nezirut in purity. “He has to vow to the Eternal the days of his nezirut and bring.” Rebbi said, until he actually brought. Rebbi Yose ben Rebbi Jehudah says, even if he was enabled to bring the sacrifice for impurity. Everybody agrees that he brings a sacrifice for impurity. It was stated thus: If he became impure on the seventh, and again impure on the eighth, he brings a sacrifice for each occurrence. In Rebbi Ze‘ira’s opinion, following Rebbi the first sacrifice is superseded and he brings the second; following Rebbi Yose ben Rebbi Jehudah it was not superseded. In Rebbi Hila’s opinion, everybody agrees that nothing is superseded and he brings another.
HALAKHAH: It is written: “He has to vow to the Eternal the days of his nezirut,” from the day he brings his sacrifices, the words of Rebbi. Rebbi Yose ben Rebbi Jehudah says, from the time of his shaving. Rebbi Ze‘ira in the name of Rav Hoshaia, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Where do they disagree? If he shaved on the seventh and brought his sacrifices on the eighth. But if he shaved on the eighth and brought his sacrifices on the same day, everybody agrees on the day he brings his sacrifices. Rebbi Yose said, that is, if he immersed himself on the seventh. But if he immersed himself on the eighth, the eighth takes the place of the seventh and the seventh of the eighth; he counts only from that “seventh”. If he became impure and impure again, he brings a sacrifice for each occurrence. Rebbi Ze‘ira said, that statement follows Rebbi Yose ben Rebbi Jehudah, but following Rebbi this person still stays in impure nezirut. Rebbi Hila said, where do they disagree? To count nezirut in purity. “He has to vow to the Eternal the days of his nezirut and bring.” Rebbi said, until he actually brought. Rebbi Yose ben Rebbi Jehudah says, even if he was enabled to bring the sacrifice for impurity. Everybody agrees that he brings a sacrifice for impurity. It was stated thus: If he became impure on the seventh, and again impure on the eighth, he brings a sacrifice for each occurrence. In Rebbi Ze‘ira’s opinion, following Rebbi the first sacrifice is superseded and he brings the second; following Rebbi Yose ben Rebbi Jehudah it was not superseded. In Rebbi Hila’s opinion, everybody agrees that nothing is superseded and he brings another.
HALAKHAH: It is written: “He has to vow to the Eternal the days of his nezirut,” from the day he brings his sacrifices, the words of Rebbi. Rebbi Yose ben Rebbi Jehudah says, from the time of his shaving. Rebbi Ze‘ira in the name of Rav Hoshaia, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Where do they disagree? If he shaved on the seventh and brought his sacrifices on the eighth. But if he shaved on the eighth and brought his sacrifices on the same day, everybody agrees on the day he brings his sacrifices. Rebbi Yose said, that is, if he immersed himself on the seventh. But if he immersed himself on the eighth, the eighth takes the place of the seventh and the seventh of the eighth; he counts only from that “seventh”. If he became impure and impure again, he brings a sacrifice for each occurrence. Rebbi Ze‘ira said, that statement follows Rebbi Yose ben Rebbi Jehudah, but following Rebbi this person still stays in impure nezirut. Rebbi Hila said, where do they disagree? To count nezirut in purity. “He has to vow to the Eternal the days of his nezirut and bring.” Rebbi said, until he actually brought. Rebbi Yose ben Rebbi Jehudah says, even if he was enabled to bring the sacrifice for impurity. Everybody agrees that he brings a sacrifice for impurity. It was stated thus: If he became impure on the seventh, and again impure on the eighth, he brings a sacrifice for each occurrence. In Rebbi Ze‘ira’s opinion, following Rebbi the first sacrifice is superseded and he brings the second; following Rebbi Yose ben Rebbi Jehudah it was not superseded. In Rebbi Hila’s opinion, everybody agrees that nothing is superseded and he brings another.
Rebbi Yose ben Rebbi Abun in the name of Rav: He puts it into the sauce. What is the reason? “He puts it into the fire,” the sacrifice also into the fire.
Rebbi Yasa in the name of Rebbi Joshua ben Levi in the name of Bar Pedaiah: All sources of flavor one in a hundred. Rebbi Ḥiyya in the name of Rebbi Joshua ben Levi in the name of Bar Pedaiah: All sources of flavor one in sixty. Rebbi Samuel ben Rav Isaac said to Rebbi Ḥiyya bar Abba: Rebbi Yasa disagrees with you and the Mishnah disagrees with both of you: “Anything which sours, flavors, or creates dema‘? If you say about 100 or 200, even if it does not sour, flavor, or create dema‘! Therefore, we hold even more. Rebbi Jeremiah said, explain it for meat in meat. Rebbi Yose said, meat in meat is the same as all other prohibitions since Rebbi Abbahu said in the name of Rebbi Joḥanan, one estimates as if they were onion or leeks.
HALAKHAH: Is it counted for him and his shaving? If you would say that it is not counted for him and his shaving, then his sacrifices count for nothing. Rebbi Joḥanan asked: Following Rebbi Simeon, may he shave for his holiday well-being offerings? Is that not the Mishnah? “Rebbi Simeon says, that sacrifice is not counted for him but the others are counted for him.” When he slaughtered them are they not like voluntary well-being offerings? This means that he may shave for voluntary well-being offerings following Rebbi Simeon. Rebbi Yose bar Abun said, Rav Ada bar Aḥawa and Rebbi Joḥanan. For Rav Ada bar Aḥawa it is problematic, but for Rebbi Joḥanan it is obvious.
Rebbi Yasa stated before Rebbi Joḥanan: Just as one defiles himself for a corpse of obligation, so one defiles himself for a limb of a corpse of obligation. Rebbi Joḥanan answered him: Is that so? Rebbi Jacob bar Aḥa in the name of Rebbi Ze‘ira: Explain it if he returns. It was stated: Rebbi Yose said, nobody has to defile himself for a limb from his living father, but one has to defile himself for bone the size of a barley corn from his father. Rebbi Jehudah says, just as one has to defile himself for bone the size of a barley corn from his father, so one has to defile himself for a limb from his living father. “It happened that Yose ben Paxas developed a growth on his foot. When the surgeon came to remove it, he told him to inform him when only a hair’s breadth was left. He cut until only a hair’s breadth was left, and informed him. He addressed his son Onias and told him, Onias my son, up to now you had to care for me, but leave now since nobody has to defile himself for a limb from his living father. When this came before the Sages, they said, about him it was said: “It happens that a just man is lost in his merit;” the just is lost and his merit accompanies him.
Rebbi Yasa stated before Rebbi Joḥanan: Just as one defiles himself for a corpse of obligation, so one defiles himself for a limb of a corpse of obligation. Rebbi Joḥanan answered him: Is that so? Rebbi Jacob bar Aḥa in the name of Rebbi Ze‘ira: Explain it if he returns. It was stated: Rebbi Yose said, nobody has to defile himself for a limb from his living father, but one has to defile himself for bone the size of a barley corn from his father. Rebbi Jehudah says, just as one has to defile himself for bone the size of a barley corn from his father, so one has to defile himself for a limb from his living father. “It happened that Yose ben Paxas developed a growth on his foot. When the surgeon came to remove it, he told him to inform him when only a hair’s breadth was left. He cut until only a hair’s breadth was left, and informed him. He addressed his son Onias and told him, Onias my son, up to now you had to care for me, but leave now since nobody has to defile himself for a limb from his living father. When this came before the Sages, they said, about him it was said: “It happens that a just man is lost in his merit;” the just is lost and his merit accompanies him.
May a Cohen defile himself for the honor of his teacher? The father-in-law of Rebbi Yannai the Younger died. He was both his father-in-law and his teacher. He asked Rebbi Yose who forbade it. Rebbi Ḥama (?) heard it and said: His students should defile themselves for him. The students [of Rebbi Yose] defiled themselves for him but ate meat and drank wine. Rebbi Mana told them: One of two things you cannot escape. If you are mourners, why did you eat meat and drink wine; if you are not mourners, why did you defile yourselves?
May a Cohen defile himself for the honor of his teacher? The father-in-law of Rebbi Yannai the Younger died. He was both his father-in-law and his teacher. He asked Rebbi Yose who forbade it. Rebbi Ḥama (?) heard it and said: His students should defile themselves for him. The students [of Rebbi Yose] defiled themselves for him but ate meat and drank wine. Rebbi Mana told them: One of two things you cannot escape. If you are mourners, why did you eat meat and drink wine; if you are not mourners, why did you defile yourselves?
May a Cohen defile himself for the study of Torah? Rebbi Yose was sitting and teaching when a dead body was brought in. He did not say anything either to those who remained sitting or to those who left.
It is stated: A Cohen may defile himself by leaving the Land for civil and criminal suits, for the consecration of the New Moon and intercalation of a year, to redeem a field from a Gentile, to study Torah, and to marry a wife. Rebbi Judah says, if he has a place to study, he should not defile himself. Rebbi Yose says, even if he has a place to study, he may defile himself, since a man may not have the luck to learn from every teacher. They said about Joseph the Cohen that he followed his teacher and defiled himself following his teacher to Sidon. In truth, they said a priest should not go abroad unless one promised him a wife.
May a (High) Priest defile himself for the lifting of hands? Gabilah, the brother of Rebbi Abba bar Cohen said before Rebbi Yose in the name of Rebbi Aḥa: A Cohen defiles himself for the lifting of hands. Rebbi Aḥa heard it and said: I never told him anything. On second thoughts he said, maybe he heard from me what Rebbi Jehudah ben Pazi said in the name of Rebbi Eleazar: Every Cohen who stays in the synagogue and does not lift his hands transgresses a positive commandment, and he wanted to say that a positive commandment supersedes a negative commandment. I never told him anything. Bring him in and I will flog him!
Rebbi Jonah, Rebbi Yose the Galilean, in the name of Rebbi Yose ben Ḥanina: One does not ask rulings on practice before the bier of a deceased. But Rebbi Yoḥanan asked Rebbi Yannai before the bier of Rebbi Simeon ben Yoẓadaq about him who dedicated his elevation sacrifice for the upkeep of the Sanctuary, and he answered him! Let us say when they were bringing him to the study hall. But Rebbi Jeremiah asked Rebbi Zeïra before the bier of (Rebbi Simeon and) Rebbi Samuel bar Rav Isaac! Let us say that he answered him when he was far away; when he was close he did not answer him.
Rebbi Jonah, Rebbi Yose the Galilean, in the name of Rebbi Yose ben Ḥanina: One does not ask rulings on practice before the bier of a deceased. But Rebbi Yoḥanan asked Rebbi Yannai before the bier of Rebbi Simeon ben Yoẓadaq about him who dedicated his elevation sacrifice for the upkeep of the Sanctuary, and he answered him! Let us say when they were bringing him to the study hall. But Rebbi Jeremiah asked Rebbi Zeïra before the bier of (Rebbi Simeon and) Rebbi Samuel bar Rav Isaac! Let us say that he answered him when he was far away; when he was close he did not answer him.
HALAKHAH: “The nazir shaves for the following impurities,” etc. An old man asked Rebbi Joḥanan: If the volume of an olive from a corpse makes impure, then certainly all of it also? He said to him, to include the stillbirth which did not reach the volume of an olive. He continued to ask: If a limb of a corpse makes impure, then certainly all of it also? He said to him, to include the stillbirth whose limbs did not yet jell. Rebbi Yose said, was that old man wise? His questions were not wise since after he asked the first question, it was not necessary to ask the second. If he wanted to ask both, he should have asked the second and after that the first. The students of Rebbi Yose ben Ḥalaphta asked the second but did not ask the first because it was obvious for them that if he did not reach the volume of an olive it is certain that his limbs did not yet jell. Rebbi Mana bar Ḥizqiah said, do you remember when Rebbi Jacob bar Aḥa was here, were not both questions by that old man [asked] about Ahilut that the nazir shaves for them? In addition, from what Rebbi Joḥanan said, I thought that the stillbirths were not Torah. But since he makes his mother sit days of purity, it is implied that [the rules of] stillbirths are Torah.
HALAKHAH: “The nazir shaves for the following impurities,” etc. An old man asked Rebbi Joḥanan: If the volume of an olive from a corpse makes impure, then certainly all of it also? He said to him, to include the stillbirth which did not reach the volume of an olive. He continued to ask: If a limb of a corpse makes impure, then certainly all of it also? He said to him, to include the stillbirth whose limbs did not yet jell. Rebbi Yose said, was that old man wise? His questions were not wise since after he asked the first question, it was not necessary to ask the second. If he wanted to ask both, he should have asked the second and after that the first. The students of Rebbi Yose ben Ḥalaphta asked the second but did not ask the first because it was obvious for them that if he did not reach the volume of an olive it is certain that his limbs did not yet jell. Rebbi Mana bar Ḥizqiah said, do you remember when Rebbi Jacob bar Aḥa was here, were not both questions by that old man [asked] about Ahilut that the nazir shaves for them? In addition, from what Rebbi Joḥanan said, I thought that the stillbirths were not Torah. But since he makes his mother sit days of purity, it is implied that [the rules of] stillbirths are Torah.
What is decayed matter? Flesh of the corpse which was separated and fluid that coagulated. Therefore not when it is still mashed? Did not Rebbi Ḥanina say in the name of Rebbi: Fat from a corpse which was melted remains impure; if he cut it and then melted it, it is pure. Rebbi Yudan and Rebbi Yose, one says to exclude the fluid in the flesh; the other says that if it will fill the volume of an olive when congealed, it will be impure when still mashed.
We have stated: “Rebbi Yose said, dried flesh from a corpse which even if soaked will not return to its former status is pure. What is Rebbi Yose’s reason? Did he not infer this from a carcass? From a carcass, since a dried carcass is pure, so also a dried corpse should be pure. Rebbi Immi asked: Since a foul-smelling carcass is pure, would a foul-smelling corpse also be pure? Then there can be no decayed matter for Rebbi Yose! It was found stated in Rebbi Yose’s name that there was decayed matter. The colleagues asked before Rebbi Yose: Since a carcass has no decay, so a corpse should have no decay! He told them that he inferred from an animal only for the flesh, not for the bones. There is no decay from flesh, there is decay from bones, as Bar Qappara stated, “decay of bones is jealousy.” Rebbi Yannai said, “or a grave”, even if one touched the first Adam’s grave. The colleagues say, he transposes the verse: “or a grave qbr” means “or decay rqb”. Bar Qappara stated, “or a grave qbr”, “or decay rqb”.
We have stated: “Rebbi Yose said, dried flesh from a corpse which even if soaked will not return to its former status is pure. What is Rebbi Yose’s reason? Did he not infer this from a carcass? From a carcass, since a dried carcass is pure, so also a dried corpse should be pure. Rebbi Immi asked: Since a foul-smelling carcass is pure, would a foul-smelling corpse also be pure? Then there can be no decayed matter for Rebbi Yose! It was found stated in Rebbi Yose’s name that there was decayed matter. The colleagues asked before Rebbi Yose: Since a carcass has no decay, so a corpse should have no decay! He told them that he inferred from an animal only for the flesh, not for the bones. There is no decay from flesh, there is decay from bones, as Bar Qappara stated, “decay of bones is jealousy.” Rebbi Yannai said, “or a grave”, even if one touched the first Adam’s grave. The colleagues say, he transposes the verse: “or a grave qbr” means “or decay rqb”. Bar Qappara stated, “or a grave qbr”, “or decay rqb”.
We have stated: “Rebbi Yose said, dried flesh from a corpse which even if soaked will not return to its former status is pure. What is Rebbi Yose’s reason? Did he not infer this from a carcass? From a carcass, since a dried carcass is pure, so also a dried corpse should be pure. Rebbi Immi asked: Since a foul-smelling carcass is pure, would a foul-smelling corpse also be pure? Then there can be no decayed matter for Rebbi Yose! It was found stated in Rebbi Yose’s name that there was decayed matter. The colleagues asked before Rebbi Yose: Since a carcass has no decay, so a corpse should have no decay! He told them that he inferred from an animal only for the flesh, not for the bones. There is no decay from flesh, there is decay from bones, as Bar Qappara stated, “decay of bones is jealousy.” Rebbi Yannai said, “or a grave”, even if one touched the first Adam’s grave. The colleagues say, he transposes the verse: “or a grave qbr” means “or decay rqb”. Bar Qappara stated, “or a grave qbr”, “or decay rqb”.
We have stated: “Rebbi Yose said, dried flesh from a corpse which even if soaked will not return to its former status is pure. What is Rebbi Yose’s reason? Did he not infer this from a carcass? From a carcass, since a dried carcass is pure, so also a dried corpse should be pure. Rebbi Immi asked: Since a foul-smelling carcass is pure, would a foul-smelling corpse also be pure? Then there can be no decayed matter for Rebbi Yose! It was found stated in Rebbi Yose’s name that there was decayed matter. The colleagues asked before Rebbi Yose: Since a carcass has no decay, so a corpse should have no decay! He told them that he inferred from an animal only for the flesh, not for the bones. There is no decay from flesh, there is decay from bones, as Bar Qappara stated, “decay of bones is jealousy.” Rebbi Yannai said, “or a grave”, even if one touched the first Adam’s grave. The colleagues say, he transposes the verse: “or a grave qbr” means “or decay rqb”. Bar Qappara stated, “or a grave qbr”, “or decay rqb”.
We have stated: “Rebbi Yose said, dried flesh from a corpse which even if soaked will not return to its former status is pure. What is Rebbi Yose’s reason? Did he not infer this from a carcass? From a carcass, since a dried carcass is pure, so also a dried corpse should be pure. Rebbi Immi asked: Since a foul-smelling carcass is pure, would a foul-smelling corpse also be pure? Then there can be no decayed matter for Rebbi Yose! It was found stated in Rebbi Yose’s name that there was decayed matter. The colleagues asked before Rebbi Yose: Since a carcass has no decay, so a corpse should have no decay! He told them that he inferred from an animal only for the flesh, not for the bones. There is no decay from flesh, there is decay from bones, as Bar Qappara stated, “decay of bones is jealousy.” Rebbi Yannai said, “or a grave”, even if one touched the first Adam’s grave. The colleagues say, he transposes the verse: “or a grave qbr” means “or decay rqb”. Bar Qappara stated, “or a grave qbr”, “or decay rqb”.
“Which corpse has decay? One who was buried naked in a marble coffin, or on a stone floor, or on a marble table. But if he was buried in a wooden casket or on a woooden plank; that is not decay but graves’ dust and needs somewhat more than a spoonful.” Rebbi Joḥanan said, if even the smallest attachment was buried with him, there is no decay. Rebbi Yasa in the name of Rebbi Joḥanan: Of two corpses which were buried together, each one becomes an attachment for the other. This is automatic; could one alone be an attachment to another? Abba bar Nathan objected: Think of it, that somebody brought half a spoonful from one and half a spoonful from the other! He was considering it when he was seen laughing; he was offended by him and he died. Rebbi Yose said, there this man is gone and we did hear nothing about it. What about it? There, neither of them will produce a spoonful of decayed matter, but here, each of them can generate a spoonful of decay.
HALAKHAH: “But for overhanging branches, or protuberances,” etc. What is the status of the undistributed middle? Rebbi Joḥanan said, the undistributed middle is judged leniently. Rebbi Simeon ben Laqish said, the undistributed middle is judged restrictively. What is the undistributed middle? That is a limb from a corpse or a limb from a living body which is not sufficiently covered by flesh. Rebbi Yose asked: From where [do we infer that] a bone [induces impurity in the size of] a barley grain? Not from that verse, “or a person’s bone”? Here you require a barley grain, there you do not require a barley grain! Rebbi Samuel bar Eudaimon stated: “A slain one”, anything from a slain person, that is a limb from a corpse or a limb from a living body which is not sufficiently covered by flesh.
Rebbi Joḥanan said, overhanging branches and protuberances are biblical for heave even though the nazir does not shave. Rebbi Jeremiah asked, if to burn it, one burns even for a rabbinic doubt; maybe to whip? Rebbi [Yose] from Sidon stated before Rebbi Jeremiah and disgagrees with Rebbi Jeremiah: “For any impurity deriving from a corpse for which a nazir shaves one is guilty if entering the Sanctuary, but any impurity deriving from a corpse for which a nazir does not shave one is not guilty if entering the Sanctuary.”
Rebbi Joḥanan said, layers of a tree which cover four-by-four [handbreadths]: the nazir shaves. Rebbi Yose, Rebbi Joḥanan said, if one of his hands is on the other side and one hand is in the layer, the nazir does not shave. Rebbi Yose asked: If it separates from impurity it also should separate from purity; if it does not separate from impurity, it should not separate from purity. Rebbi Joḥanan said, if the corpse is in the bedroom and the nazir under the bed, the nazir shaves. Certainly if the corpse is under the bed and the nazir in the bedroom, does the nazir not shave? Rebbi Joḥanan said, if the corpse and the nazir are under the bed frame, under the belly of a camel, under the width of a gate, under the gutters, the nazir does not shave, nor for anything which is there for protection. Ḥizqiah heard it and said, they purified the dead! Rebbi Joḥanan said, if the corpse is in the anteroom and the nazir in the dining hall, the nazir shaves; certainly if the corpse is in the dining hall and the nazir in the anteroom, the nazir shaves. Rebbi Mana asked, if it is a tent to separate it should be a tent to draw along; if it is not a tent to draw along, the impurity should disappear! Rebbi Joḥanan said, if the impurity is under the outer half of the wall, the nazir shaves. Rebbi Joshia said, if impurity is hidden in the ground of the house, the nazir shaves. Rebbi Jacob bar Aḥa in the name of Rebbi Joshia: The nazir does not shave for most of the skeleton or most of the bones.
Rebbi Joḥanan said, layers of a tree which cover four-by-four [handbreadths]: the nazir shaves. Rebbi Yose, Rebbi Joḥanan said, if one of his hands is on the other side and one hand is in the layer, the nazir does not shave. Rebbi Yose asked: If it separates from impurity it also should separate from purity; if it does not separate from impurity, it should not separate from purity. Rebbi Joḥanan said, if the corpse is in the bedroom and the nazir under the bed, the nazir shaves. Certainly if the corpse is under the bed and the nazir in the bedroom, does the nazir not shave? Rebbi Joḥanan said, if the corpse and the nazir are under the bed frame, under the belly of a camel, under the width of a gate, under the gutters, the nazir does not shave, nor for anything which is there for protection. Ḥizqiah heard it and said, they purified the dead! Rebbi Joḥanan said, if the corpse is in the anteroom and the nazir in the dining hall, the nazir shaves; certainly if the corpse is in the dining hall and the nazir in the anteroom, the nazir shaves. Rebbi Mana asked, if it is a tent to separate it should be a tent to draw along; if it is not a tent to draw along, the impurity should disappear! Rebbi Joḥanan said, if the impurity is under the outer half of the wall, the nazir shaves. Rebbi Joshia said, if impurity is hidden in the ground of the house, the nazir shaves. Rebbi Jacob bar Aḥa in the name of Rebbi Joshia: The nazir does not shave for most of the skeleton or most of the bones.
HALAKHAH: “Rebbi Eleazar said in the name of Rebbi Joshua,” etc. There, we have stated: “Two are impure from the dead, one is impure for seven days and one is impure by the impurity of evening. Three are impure from the dead, two are impure for seven days and one is impure until nightfall. Four are impure from the dead, three are impure for seven days and one is impure until nightfall. How is it for two? Any person who touches a corpse is impure for seven days; a person who touches him is impure until nightfall,” etc. Rebbi Joḥanan in the name of Rebbi Yannai: All are biblically [impure] for heave, but for entering the Sanctuary only the second impure who touched the first impure. What is the reason? “A person who would be impure and did not purify himself;” anybody needing purification is guilty for entering the Sanctuary; anybody not needing purification is not guilty for entering the Sanctuary. They objected: But a person who touches objects which touched a corpse needs purification, but is he the second? Rebbi Abin bar Ḥiyya said, for impurity of a person from a person, not for impurity of a person from objects. The statement of Rebbi Abin bar Ḥiyya [implies that] only the first is guilty. Since [for impurity of] a person from a person only the first is guilty, so here the first is guilty. Rebbi Yose said, only if he immersed himself. That is a statement of Rebbi, since Rebbi said, all impure persons remain impure until the are immersed in water.
Rebbi Illa said: He himself, who touched the corpse, is guilty. He said it and gave its reason: “who became impure,” that refers to the impurity of a human. But is there not a third? As Rebbi Abun bar Ḥiyya said, for impurity of a person from a person a man is guilty for impurity in the Sanctuary. They objected: If objects touch the corpse, a human the objects, and objects the human. For impurity of a person from a person, not for impurity of a person from objects. Rebbi Zeriqa in the name of Rav Hamnuna: The Tanna there disagrees with Rebbi Illa: “For an object made half of cement־earth and half of dung one is not guilty for coming to the Sanctuary” Because it is half of earth and half of dung; but if it were totally of earth, one would be guilty. Who is guilty? Not the one who touches it? Is he not the second who touches the first? Rebbi Phineas said before Rebbi Yose: Explain it if he threw it. He answered him, about him who threw it we stated: For washing his body he is subject to extirpation, for washing his garments to the forty. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose, do we not have the Mishnah in support of that first Tanna, as is stated: “Rebbi Eleazar said in the name of Rebbi Joshua: For any impurity caused by a corpse for which the nazir shaves, one is guilty if entering the Sanctuary, but for any impurity caused by a corpse for which the nazir does not shave, one is not guilty if entering the Sanctuary.” For the first, for which the nazir shaves, one is guilty if entering the Sanctuary; for the second, for which the nazir does not shave, one is not guilty if entering the Sanctuary. Rebbi Joḥanan said, it is needed from what comes from the corpse: For a quartarius of blood or a quarter qab of bones, for which the nazir does not shave, one is not guilty if entering the Sanctuary; for half a log of blood and half a qab of bones, for which the nazir shaves, one is guilty if entering the Sanctuary. Rebbi Jeremiah said, we were of the opinion that they disagree about a sacrifice, but one whips even the third, even the fourth. Rebbi Yose from Sidon stated before Rebbi Jeremiah in opposition to Rebbi Jeremiah: “For any impurity caused by a corpse for which the nazir shaves, one is guilty if entering the Sanctuary, but for any impurity caused by a corpse for which the nazir does not shave, one is not guilty if entering the Sanctuary.” Rebbi Yose ben Rebbi Abun said, Rebbi Yannai, Rebbi Joḥanan: It is needed from what comes from the corpse: For a quartarius of blood or a quarter qab of bones, for which the nazir does not shave, one is not guilty; for half a log of blood and half a qab of bones, for which the nazir shaves, one is guilty.
Rebbi Illa said: He himself, who touched the corpse, is guilty. He said it and gave its reason: “who became impure,” that refers to the impurity of a human. But is there not a third? As Rebbi Abun bar Ḥiyya said, for impurity of a person from a person a man is guilty for impurity in the Sanctuary. They objected: If objects touch the corpse, a human the objects, and objects the human. For impurity of a person from a person, not for impurity of a person from objects. Rebbi Zeriqa in the name of Rav Hamnuna: The Tanna there disagrees with Rebbi Illa: “For an object made half of cement־earth and half of dung one is not guilty for coming to the Sanctuary” Because it is half of earth and half of dung; but if it were totally of earth, one would be guilty. Who is guilty? Not the one who touches it? Is he not the second who touches the first? Rebbi Phineas said before Rebbi Yose: Explain it if he threw it. He answered him, about him who threw it we stated: For washing his body he is subject to extirpation, for washing his garments to the forty. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose, do we not have the Mishnah in support of that first Tanna, as is stated: “Rebbi Eleazar said in the name of Rebbi Joshua: For any impurity caused by a corpse for which the nazir shaves, one is guilty if entering the Sanctuary, but for any impurity caused by a corpse for which the nazir does not shave, one is not guilty if entering the Sanctuary.” For the first, for which the nazir shaves, one is guilty if entering the Sanctuary; for the second, for which the nazir does not shave, one is not guilty if entering the Sanctuary. Rebbi Joḥanan said, it is needed from what comes from the corpse: For a quartarius of blood or a quarter qab of bones, for which the nazir does not shave, one is not guilty if entering the Sanctuary; for half a log of blood and half a qab of bones, for which the nazir shaves, one is guilty if entering the Sanctuary. Rebbi Jeremiah said, we were of the opinion that they disagree about a sacrifice, but one whips even the third, even the fourth. Rebbi Yose from Sidon stated before Rebbi Jeremiah in opposition to Rebbi Jeremiah: “For any impurity caused by a corpse for which the nazir shaves, one is guilty if entering the Sanctuary, but for any impurity caused by a corpse for which the nazir does not shave, one is not guilty if entering the Sanctuary.” Rebbi Yose ben Rebbi Abun said, Rebbi Yannai, Rebbi Joḥanan: It is needed from what comes from the corpse: For a quartarius of blood or a quarter qab of bones, for which the nazir does not shave, one is not guilty; for half a log of blood and half a qab of bones, for which the nazir shaves, one is guilty.
Rebbi Illa said: He himself, who touched the corpse, is guilty. He said it and gave its reason: “who became impure,” that refers to the impurity of a human. But is there not a third? As Rebbi Abun bar Ḥiyya said, for impurity of a person from a person a man is guilty for impurity in the Sanctuary. They objected: If objects touch the corpse, a human the objects, and objects the human. For impurity of a person from a person, not for impurity of a person from objects. Rebbi Zeriqa in the name of Rav Hamnuna: The Tanna there disagrees with Rebbi Illa: “For an object made half of cement־earth and half of dung one is not guilty for coming to the Sanctuary” Because it is half of earth and half of dung; but if it were totally of earth, one would be guilty. Who is guilty? Not the one who touches it? Is he not the second who touches the first? Rebbi Phineas said before Rebbi Yose: Explain it if he threw it. He answered him, about him who threw it we stated: For washing his body he is subject to extirpation, for washing his garments to the forty. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose, do we not have the Mishnah in support of that first Tanna, as is stated: “Rebbi Eleazar said in the name of Rebbi Joshua: For any impurity caused by a corpse for which the nazir shaves, one is guilty if entering the Sanctuary, but for any impurity caused by a corpse for which the nazir does not shave, one is not guilty if entering the Sanctuary.” For the first, for which the nazir shaves, one is guilty if entering the Sanctuary; for the second, for which the nazir does not shave, one is not guilty if entering the Sanctuary. Rebbi Joḥanan said, it is needed from what comes from the corpse: For a quartarius of blood or a quarter qab of bones, for which the nazir does not shave, one is not guilty if entering the Sanctuary; for half a log of blood and half a qab of bones, for which the nazir shaves, one is guilty if entering the Sanctuary. Rebbi Jeremiah said, we were of the opinion that they disagree about a sacrifice, but one whips even the third, even the fourth. Rebbi Yose from Sidon stated before Rebbi Jeremiah in opposition to Rebbi Jeremiah: “For any impurity caused by a corpse for which the nazir shaves, one is guilty if entering the Sanctuary, but for any impurity caused by a corpse for which the nazir does not shave, one is not guilty if entering the Sanctuary.” Rebbi Yose ben Rebbi Abun said, Rebbi Yannai, Rebbi Joḥanan: It is needed from what comes from the corpse: For a quartarius of blood or a quarter qab of bones, for which the nazir does not shave, one is not guilty; for half a log of blood and half a qab of bones, for which the nazir shaves, one is guilty.
Rebbi Illa said: He himself, who touched the corpse, is guilty. He said it and gave its reason: “who became impure,” that refers to the impurity of a human. But is there not a third? As Rebbi Abun bar Ḥiyya said, for impurity of a person from a person a man is guilty for impurity in the Sanctuary. They objected: If objects touch the corpse, a human the objects, and objects the human. For impurity of a person from a person, not for impurity of a person from objects. Rebbi Zeriqa in the name of Rav Hamnuna: The Tanna there disagrees with Rebbi Illa: “For an object made half of cement־earth and half of dung one is not guilty for coming to the Sanctuary” Because it is half of earth and half of dung; but if it were totally of earth, one would be guilty. Who is guilty? Not the one who touches it? Is he not the second who touches the first? Rebbi Phineas said before Rebbi Yose: Explain it if he threw it. He answered him, about him who threw it we stated: For washing his body he is subject to extirpation, for washing his garments to the forty. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose, do we not have the Mishnah in support of that first Tanna, as is stated: “Rebbi Eleazar said in the name of Rebbi Joshua: For any impurity caused by a corpse for which the nazir shaves, one is guilty if entering the Sanctuary, but for any impurity caused by a corpse for which the nazir does not shave, one is not guilty if entering the Sanctuary.” For the first, for which the nazir shaves, one is guilty if entering the Sanctuary; for the second, for which the nazir does not shave, one is not guilty if entering the Sanctuary. Rebbi Joḥanan said, it is needed from what comes from the corpse: For a quartarius of blood or a quarter qab of bones, for which the nazir does not shave, one is not guilty if entering the Sanctuary; for half a log of blood and half a qab of bones, for which the nazir shaves, one is guilty if entering the Sanctuary. Rebbi Jeremiah said, we were of the opinion that they disagree about a sacrifice, but one whips even the third, even the fourth. Rebbi Yose from Sidon stated before Rebbi Jeremiah in opposition to Rebbi Jeremiah: “For any impurity caused by a corpse for which the nazir shaves, one is guilty if entering the Sanctuary, but for any impurity caused by a corpse for which the nazir does not shave, one is not guilty if entering the Sanctuary.” Rebbi Yose ben Rebbi Abun said, Rebbi Yannai, Rebbi Joḥanan: It is needed from what comes from the corpse: For a quartarius of blood or a quarter qab of bones, for which the nazir does not shave, one is not guilty; for half a log of blood and half a qab of bones, for which the nazir shaves, one is guilty.
Rebbi Illa said: He himself, who touched the corpse, is guilty. He said it and gave its reason: “who became impure,” that refers to the impurity of a human. But is there not a third? As Rebbi Abun bar Ḥiyya said, for impurity of a person from a person a man is guilty for impurity in the Sanctuary. They objected: If objects touch the corpse, a human the objects, and objects the human. For impurity of a person from a person, not for impurity of a person from objects. Rebbi Zeriqa in the name of Rav Hamnuna: The Tanna there disagrees with Rebbi Illa: “For an object made half of cement־earth and half of dung one is not guilty for coming to the Sanctuary” Because it is half of earth and half of dung; but if it were totally of earth, one would be guilty. Who is guilty? Not the one who touches it? Is he not the second who touches the first? Rebbi Phineas said before Rebbi Yose: Explain it if he threw it. He answered him, about him who threw it we stated: For washing his body he is subject to extirpation, for washing his garments to the forty. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose, do we not have the Mishnah in support of that first Tanna, as is stated: “Rebbi Eleazar said in the name of Rebbi Joshua: For any impurity caused by a corpse for which the nazir shaves, one is guilty if entering the Sanctuary, but for any impurity caused by a corpse for which the nazir does not shave, one is not guilty if entering the Sanctuary.” For the first, for which the nazir shaves, one is guilty if entering the Sanctuary; for the second, for which the nazir does not shave, one is not guilty if entering the Sanctuary. Rebbi Joḥanan said, it is needed from what comes from the corpse: For a quartarius of blood or a quarter qab of bones, for which the nazir does not shave, one is not guilty if entering the Sanctuary; for half a log of blood and half a qab of bones, for which the nazir shaves, one is guilty if entering the Sanctuary. Rebbi Jeremiah said, we were of the opinion that they disagree about a sacrifice, but one whips even the third, even the fourth. Rebbi Yose from Sidon stated before Rebbi Jeremiah in opposition to Rebbi Jeremiah: “For any impurity caused by a corpse for which the nazir shaves, one is guilty if entering the Sanctuary, but for any impurity caused by a corpse for which the nazir does not shave, one is not guilty if entering the Sanctuary.” Rebbi Yose ben Rebbi Abun said, Rebbi Yannai, Rebbi Joḥanan: It is needed from what comes from the corpse: For a quartarius of blood or a quarter qab of bones, for which the nazir does not shave, one is not guilty; for half a log of blood and half a qab of bones, for which the nazir shaves, one is guilty.
HALAKHAH: “If a person said to two nezirim,” etc. Not only if he said to one of them, “I saw one of you becoming impure but I do not know which one of you it was,” but even if he said, “I saw one of you vowing to be a nazir but I do not know which one of you it was,” both of them have to follow the rules of nazir because of his testimony. If they do not contradict him. But if they contradict him, this does not apply. If both of them contradict, it parallels the following: “If one witness says, he became impure, but he says, I did not become impure, he is pure. If two witnesses say, he became impure, but he says, I did not become impure, the two are believed more than he is, the words of Rebbi Meïr. But the Sages say, everybody is believed about himself.” Rav Jehudah in the name of Rav: So is the Mishnah: Rebbi Meïr declares impure, Rebbi Jehudah and the Sages declare pure. Rebbi Joḥanan said, so is the Mishnah: Rebbi Meïr declares impure, Rebbi Jehudah declares pure. The rabbis’ words support Rebbi Joḥanan, since Rebbi Gurion said in the name of Rebbi Yose ben Ḥanina: Rebbi Jehudah said this only about an old impurity, for he can say to them, I had been impure but I purified myself, and we have stated: The same holds for eating suet; the same holds for entering the Sanctuary. Should they not accept his position for impurity? Because of the impurity of a nazir, could they not say, where is the sacrifice which you brought? Then should they not accept his position for heave? So far the questions of Rebbi Ḥanina.
From what Rebbi Yose said, “X ate suet, and they warned him,” he is not whipped. If one person said to him, you are a nazir, and based on this testimony he behaved like a nazir, when then he drank wine or became impure in the impurity of the dead, if two warned him, he is whipped. Is not the main testimony given by a single witness? From what Rebbi Mana said, “X is the wife of a Cohen and whored; her husband, a Cohen, then had relations with her but I had warned him;” he is [not] whipped. If she went to a secluded place in the presence of two, and one said, I saw her that she became impure; when her husband, the Cohen, had relations with her but two had warned him, he is whipped. Is not the main testimony given by a single witness?
“They bring one sacrifice of impurity and one of purity.” That is, if they are at the end of thirty days. But if one is in the middle of thirty days, one has to wait till the end of thirty days. If both of them were nezirim for thirty days. But if one was a nazir for thirty and the other a nazir for 100, one has to wait for 100. Rebbi Jacob the Southerner asked before Rebbi Yose: If one of them became impure during these days, what is the rule? He said to him, like one who has to seek out a person from the general public.
Rebbi Joḥanan said, these are Ben Zoma’s words, but the words of the Sages: Forever is he definitively [impure] until he heave the reparation sacrifice. Rebbi Jeremiah asked: Why is he definitively [impure] until he heave the reparation sacrifice? Rebbi Yose said to him, why not? We find several reparation sacrifices which are pushed aside because of doubts! As we have stated there: “If a reparation sacrifice was mixed up with a well-being sacrifice, Rebbi Simeon says that both should be slaughtered in the North and eaten following the more restrictive rules. They said to him, one does not cause sacrifices to become invalid.
Rebbi Jacob the Southerner asked before Rebbi Yose: Could they not arrange something for his wine? He said to him, “the nazir shaves at the gate of the Tent of Meeting;” if he is able to appear at the gate of the Tent of Meeting. This excludes him who is unable to appear at the gate of the Tent of Meeting.
Does the obligatory shaving push aside the rules of voluntary shaving? Let us hear from the following: “He shaves his head, his beard, and his eyebrows in the way sufferers from skin disease shave.” But there one could say, maybe it was an obligatory shaving. Rebbi Ze‘ira in the name of Rebbi Yudan: The Mishnah says so; “for Rebbi Simeon says, when one of the bloods was sprinkled, the nazir is permitted to drink wine and to defile himself with the dead.” Is he not forbidden because of “do not destroy”? Samuel bar Abba said, explain it if he was a eunuch. But did we not state “the beard”? How can you say, a eunuch? You have only what Rebbi Jacob said in the name of Rebbi Joḥanan: If he removed it from bottom to top it is forbidden. Rebbi Yose bar Abin said, there is no difference between bottom to top or top to bottom.
Rebbi Abbamari, the brother of Rebbi Yose said, this shows that the shaving knife destroys seven for an impure nazir.
MISHNAH: Gentiles cannot take a vow as nazir. Women and slaves can take a vow as nazir. A man’s power is restricted for his wives more than for his slaves since he can force his slave but he cannot force his wife. His power is restricted for his slaves more than for his wives since he can dissolve his wife’s vows but not his slave’s vows. If he dissolved his wife’s, they are eternally dissolved. If he dissolved his slave’s, once the slave gains his freedom he has to fulfill his nezirut. If [the slave] is not in the presence of his master, Rebbi Meïr says, he cannot drink, but Rebbi Yose says, he may drink.
There, we have stated: “The Non-Jew, Rebbi Meїr says, is evaluated but does not evaluate; Rebbi Jehudah says, he evaluates but is not evaluated. Both agree that they make vows and are objects of vows.” Rebbi Jeremiah asked: For him who says there that he evaluates, here can he declare a nazir? For him who says there that he is evaluated, here can he be declared a nazir? How would it be possible for him to [be declared a nazir]? A Israelite can declare a Gentile to be a nazir. Would he listen to him? But the Israelite said, “I am a nazir,” the Gentile heard it and said, “I am responsible for what this one said.” It is only as if he paid a debt. How would it be possible for him to [declare a nazir]? A Gentile can declare an Israelite to be nazir. Since an Israelite cannot declare [another] Israelite to be a nazir, a Gentile cannot declare an Israelite to be a nazir. But it must be that the Gentile said, “I am a nazir”, the Israelite heard it and said, “I am taking upon me what this one said.” What did you exclude from him? An Israelite is subject to “not to desecrate”, a Gentile is not subject to “not to desecrate”. Rebbi Jonah said, Israelites can be relieved by a Sage, Gentiles cannot be relieved by a Sage. Rebbi Yose said, Israelites need a Sage to be relieved, Gentiles do not need a Sage to be relieved. It follows that Rebbi (Jonah) [Yose] follows Rebbi Abbahu. A Gentile woman came before Rebbi Abbahu, who said to Abime bar Tobi: Go and find her an opening by unforeseen circumstances. And Rebbi Jonah follows Rebbi Aḥa, who said that Laban was Kushan-Riš‘ataim. Why was he called “Kushan the doubly bad”? Because he committed two evils. One that he desecrated his oath, the other that he subjugated Israel for eight years.
There, we have stated: “The Non-Jew, Rebbi Meїr says, is evaluated but does not evaluate; Rebbi Jehudah says, he evaluates but is not evaluated. Both agree that they make vows and are objects of vows.” Rebbi Jeremiah asked: For him who says there that he evaluates, here can he declare a nazir? For him who says there that he is evaluated, here can he be declared a nazir? How would it be possible for him to [be declared a nazir]? A Israelite can declare a Gentile to be a nazir. Would he listen to him? But the Israelite said, “I am a nazir,” the Gentile heard it and said, “I am responsible for what this one said.” It is only as if he paid a debt. How would it be possible for him to [declare a nazir]? A Gentile can declare an Israelite to be nazir. Since an Israelite cannot declare [another] Israelite to be a nazir, a Gentile cannot declare an Israelite to be a nazir. But it must be that the Gentile said, “I am a nazir”, the Israelite heard it and said, “I am taking upon me what this one said.” What did you exclude from him? An Israelite is subject to “not to desecrate”, a Gentile is not subject to “not to desecrate”. Rebbi Jonah said, Israelites can be relieved by a Sage, Gentiles cannot be relieved by a Sage. Rebbi Yose said, Israelites need a Sage to be relieved, Gentiles do not need a Sage to be relieved. It follows that Rebbi (Jonah) [Yose] follows Rebbi Abbahu. A Gentile woman came before Rebbi Abbahu, who said to Abime bar Tobi: Go and find her an opening by unforeseen circumstances. And Rebbi Jonah follows Rebbi Aḥa, who said that Laban was Kushan-Riš‘ataim. Why was he called “Kushan the doubly bad”? Because he committed two evils. One that he desecrated his oath, the other that he subjugated Israel for eight years.
The following is obvious: If he became impure and then was manumitted, he brings a sacrifice of impurity. When is that, if his master forced him or if his master did not force him? If you say that he forced him, how can be bring a sacrifice of impurity? If you say he did not force him, should he not count for his master as long as he still is in the latter’s power? Rebbi Yose said, we are dealing with the case that his master forced him. You should not say that because he was manumitted, the nezirut in impurity was lifted from him. Therefore, it was necessary to say that he counts nezirut in impurity.
“Rebbi Yose said, if a slave said, ‘I shall be a nazir when manumitted,’ his master forces him in matters of nezirut. [The master] can force a slave in matters of nezirut; he does not have to force him in matters either of vows or of oaths.” Rebbi Jeremiah asked before Rebbi Ze‘ira: If his master forced him and he became impure, is he to be whipped? Or is that only practice? Where do we hold? If his nezirut has biblical status and by practice one may force, he is whipped. If both are rabbinical, he is not whipped. Rebbi Mana said, does one whip for practice? But it must be the following: If his nezirut is practice and by practice one may force, he is whipped. If both are rabbinical, he is not whipped.
If his master forced him in one respect, did he force him in all respects? We came to the disagreement between Rebbi Meїr and Rebbi Yose: “If [the slave] is not in the presence of his master, Rebbi Meїr says, he cannot drink, but Rebbi Yose says, he may drink.” Where do we hold? If he told him, drink whether in my presence or not in my presence, even Rebbi Meїr will agree. If he told him, drink in my presence, do not drink in my absence, even Rebbi Yose will agree. But we hold in the case that he tells him: “drink!” Rebbi Meїr says, [it means] drink in my presence, do not drink in my absence. Rebbi Yose says, [it is] as if he said, drink whether in my presence or not in my presence.
If his master forced him in one respect, did he force him in all respects? We came to the disagreement between Rebbi Meїr and Rebbi Yose: “If [the slave] is not in the presence of his master, Rebbi Meїr says, he cannot drink, but Rebbi Yose says, he may drink.” Where do we hold? If he told him, drink whether in my presence or not in my presence, even Rebbi Meїr will agree. If he told him, drink in my presence, do not drink in my absence, even Rebbi Yose will agree. But we hold in the case that he tells him: “drink!” Rebbi Meїr says, [it means] drink in my presence, do not drink in my absence. Rebbi Yose says, [it is] as if he said, drink whether in my presence or not in my presence.
If his master forced him in one respect, did he force him in all respects? We came to the disagreement between Rebbi Meїr and Rebbi Yose: “If [the slave] is not in the presence of his master, Rebbi Meїr says, he cannot drink, but Rebbi Yose says, he may drink.” Where do we hold? If he told him, drink whether in my presence or not in my presence, even Rebbi Meїr will agree. If he told him, drink in my presence, do not drink in my absence, even Rebbi Yose will agree. But we hold in the case that he tells him: “drink!” Rebbi Meїr says, [it means] drink in my presence, do not drink in my absence. Rebbi Yose says, [it is] as if he said, drink whether in my presence or not in my presence.
If his master forced him in one respect, did he force him in all respects? We came to the disagreement between Rebbi Meїr and Rebbi Yose: “If [the slave] is not in the presence of his master, Rebbi Meїr says, he cannot drink, but Rebbi Yose says, he may drink.” Where do we hold? If he told him, drink whether in my presence or not in my presence, even Rebbi Meїr will agree. If he told him, drink in my presence, do not drink in my absence, even Rebbi Yose will agree. But we hold in the case that he tells him: “drink!” Rebbi Meїr says, [it means] drink in my presence, do not drink in my absence. Rebbi Yose says, [it is] as if he said, drink whether in my presence or not in my presence.
If the public became publicly impure in a doubtful case of a grave in the abyss, does the diadem make it acceptable? It is a conclusion de minore ad maius. Since in the case of a single person, whose position you clarified to his disadvantage in the case of known impurity, you clarified to his advantage in the case of a grave in the abyss, it should be only logical that for the public, whose position you clarified to its advantage in the case of known impurity, you should clarify it to its advantage in the case of a grave in the abyss. A leniency which you apply to a single person you treat as a restriction for the public. A leniency which you apply to a single person, so that if it became known to him after sprinkling he should be treated as if he became impure before sprinkling, that he should eat the meat. The leniency which you apply to the pure nazir is a restriction for the impure nazir. The leniency which you apply to the pure nazir, so that if it became known to him after sprinkling he is treated as impure after sprinkling, that he should bring a sacrifice of impurity. You treat it as a restriction for the impure nazir, that if it became known to him after sprinkling he is treated as somebody repeatedly becoming impure so that he has to bring a sacrifice of impurity for each single case. As it was stated: If he repeatedly became impure, he has to bring a sacrifice for each single case. If somebody is officiating for the Passover sacrifice, does the diadem make it acceptable? It is a conclusion de minore ad maius. Since for the owners [of the Passover sacrifice] whose position you clarified to their disadvantage in the case of the infirm and the aged, you clarified to their advantage in the case of a grave in the abyss, it should be only logical that for the officiating, whose position you clarified to his advantage in the case of the infirm and the aged, you should clarify it to his advantage in the case of a grave in the abyss. No. For the owners [of sacrifices] you clarify to their disadvantage in the case of impurity during the rest of the year; you also say for the officiating that you clarify their position to their disadvantage in the case of impurity during the rest of the year. Since you clarify their position to their disadvantage in the case of impurity during the rest of the year, you also clarify their position to their disadvantage in the case of the impurity of the dead on Passover. How is it really? “For you”, whether for him or for the one officiating for him. So far for the people celebrating Passover. From where the nazir? Rebbi Yose ben Rebbi Abun in the name of Rav Ḥisda: We thought, “on him”, not on the one officiating for him. Since we stated that the same rules apply to the nazir and to those celebrating Passover, it means that what holds for the one holds for the other.
“What is a grave of the abyss? A corpse buried in stubble, straw, dust, or pebbles. But if it was buried in water, a dark spot, or rock crevasses, it does not create a grave of the abyss.” The principle: Any place from where it can be removed creates a grave of the abyss; any place from where it cannot be removed does not create a grave of the abyss. Can stubbles and straw not be removed? Does the Mishnah not follow Rebbi Yose, since Rebbi Yose said, straw said to be disregarded is disregarded. Rebbi Yose ben Rebbi Abun in the name of Rav Ḥisda: It is everybody’s opinion. What Rebbi Yose said, if he mixed it with dust. “There is straw which is treated like dust and dust which is treated like straw. Straw not to be removed is like dust; dust to be removed is like straw.” In the House of Rebbi Yannai they said: If he covered it with mats it is disregarded. Come and see: If he [filled] it with mats it is not disregarded, if he covered it with mats it is disregarded. If he filled it with branches of date palms it is problematic. Rebbi Zeriqan, Rebbi Immi, in the name of Rebbi Simeon ben Laqish: Even thin sheets.
“What is a grave of the abyss? A corpse buried in stubble, straw, dust, or pebbles. But if it was buried in water, a dark spot, or rock crevasses, it does not create a grave of the abyss.” The principle: Any place from where it can be removed creates a grave of the abyss; any place from where it cannot be removed does not create a grave of the abyss. Can stubbles and straw not be removed? Does the Mishnah not follow Rebbi Yose, since Rebbi Yose said, straw said to be disregarded is disregarded. Rebbi Yose ben Rebbi Abun in the name of Rav Ḥisda: It is everybody’s opinion. What Rebbi Yose said, if he mixed it with dust. “There is straw which is treated like dust and dust which is treated like straw. Straw not to be removed is like dust; dust to be removed is like straw.” In the House of Rebbi Yannai they said: If he covered it with mats it is disregarded. Come and see: If he [filled] it with mats it is not disregarded, if he covered it with mats it is disregarded. If he filled it with branches of date palms it is problematic. Rebbi Zeriqan, Rebbi Immi, in the name of Rebbi Simeon ben Laqish: Even thin sheets.
“What is a grave of the abyss? A corpse buried in stubble, straw, dust, or pebbles. But if it was buried in water, a dark spot, or rock crevasses, it does not create a grave of the abyss.” The principle: Any place from where it can be removed creates a grave of the abyss; any place from where it cannot be removed does not create a grave of the abyss. Can stubbles and straw not be removed? Does the Mishnah not follow Rebbi Yose, since Rebbi Yose said, straw said to be disregarded is disregarded. Rebbi Yose ben Rebbi Abun in the name of Rav Ḥisda: It is everybody’s opinion. What Rebbi Yose said, if he mixed it with dust. “There is straw which is treated like dust and dust which is treated like straw. Straw not to be removed is like dust; dust to be removed is like straw.” In the House of Rebbi Yannai they said: If he covered it with mats it is disregarded. Come and see: If he [filled] it with mats it is not disregarded, if he covered it with mats it is disregarded. If he filled it with branches of date palms it is problematic. Rebbi Zeriqan, Rebbi Immi, in the name of Rebbi Simeon ben Laqish: Even thin sheets.
“What is a grave of the abyss? A corpse buried in stubble, straw, dust, or pebbles. But if it was buried in water, a dark spot, or rock crevasses, it does not create a grave of the abyss.” The principle: Any place from where it can be removed creates a grave of the abyss; any place from where it cannot be removed does not create a grave of the abyss. Can stubbles and straw not be removed? Does the Mishnah not follow Rebbi Yose, since Rebbi Yose said, straw said to be disregarded is disregarded. Rebbi Yose ben Rebbi Abun in the name of Rav Ḥisda: It is everybody’s opinion. What Rebbi Yose said, if he mixed it with dust. “There is straw which is treated like dust and dust which is treated like straw. Straw not to be removed is like dust; dust to be removed is like straw.” In the House of Rebbi Yannai they said: If he covered it with mats it is disregarded. Come and see: If he [filled] it with mats it is not disregarded, if he covered it with mats it is disregarded. If he filled it with branches of date palms it is problematic. Rebbi Zeriqan, Rebbi Immi, in the name of Rebbi Simeon ben Laqish: Even thin sheets.
Rebbi Yose ben Rebbi Abun said that Bar Piqa asked Rebbi: So far in a cave that had a ceiling. Even in a cave without ceiling? Does Bar Piqa think that if there is a doubt regarding floating impurity, it is pure? Rebbi told him, Bar Piqa remains in his stupidity: No case of doubt regarding floating impurity is declared pure except a reptile; but a corpse is like something fixed in place. As it was stated: “Anything thrown is pure in case of a doubt except an olive-sized piece from a corpse, [and] also those covers which induce impurity on bottom and top.”
There, we have stated: “If a vineyard is planted with less that four cubits of space, Rebbi Simeon says that it is no vineyard. But the Sages say that it is a vineyard and one disregards the plants in the middle as if nonexistent.” Simeon bar Abba in the name of Rebbi Joḥanan: Just as they disagree here, they disagree about a graveyard. Rebbi Jonah said, one cannot compare these. There, they form a graveyard; here, they do not form a graveyard. Rebbi Yose said, one cannot compare these. There, if they were spaced apart and one moved them closer together, that is the disagreement. If they were close and one moved them apart, everybody would agree. But here, what is their disagreement? When one found them close together. Rebbi Simeon said, a landslide fell on them and compressed them. But the Sages say, were they spaced apart and somebody brought them close together?”
How far does one importune him? Rebbi Yose in the name of Rebbi Miasha bar Jeremiah: Up to 40 cubits. If he checked twenty and found, he checks another ten. If he checked twenty and found, he checks another ten. Some Tannaïm state: If he checked ten and found, he checks another ten. If he checked ten and found, he checks another ten.
HALAKHAH: So is the Mishnah: Rebbi Neḥemia declares him not prosecutable but the Sages declare him guilty since it is not unsubstantiated. The Sages say, two estimations have precedence over one estimation; Rebbi Neḥemiah says, the intermediate estimation has precedence over the two. What is Rebbi Neḥemiah’s reason? “ ‘If he gets up and walks outside on his cane, the attacker is exonerated.’ Could you think that this one walks in the market and the other is executed because of him? But even if he died according to the first estimation he cannot be prosecuted.” What is the rabbi’s reason? “If he does not die but is bedridden.” Would we not know that even if he does not die that he will be bedridden? But if they estimated that he would die. If they estimated that he would die, that is what is written: “If he gets up and walks outside on his cane.” Therefore, if he does not get up, [the attacker] is guilty. But if they did not estimate that he would die? If they did not estimate that he would die, that is what is written: “But he has to pay for his disability.” Rebbi Ila in the name of Rebbi Simeon ben Laqish: It is an extraordinary decree of Scripture that he has to pay. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: It was an erroneous estimation. What is the difference between them? If his state improved. For him who says, it is an extraordinary decree of Scripture that he has to pay; if he paid, he paid. If he did not pay, the verse makes him pay. A baraita supports one and a baraita supports the other. A baraita supports Rebbi Yose ben Ḥanina: If they estimated that he would die, when does he have to pay him? From the moment he improves. For him who says, it was an erroneous estimation; if he did not pay one does not order him to pay. If he paid, can he take it back? This supports Rebbi Simeon ben Laqish: If they estimated that he would live but he died. From when does one have to pay him? From the moment he turns worse. Rebbi Yose said, it does not say here, “from the moment he turns worse” but “from the moment he turns better.”
HALAKHAH: So is the Mishnah: Rebbi Neḥemia declares him not prosecutable but the Sages declare him guilty since it is not unsubstantiated. The Sages say, two estimations have precedence over one estimation; Rebbi Neḥemiah says, the intermediate estimation has precedence over the two. What is Rebbi Neḥemiah’s reason? “ ‘If he gets up and walks outside on his cane, the attacker is exonerated.’ Could you think that this one walks in the market and the other is executed because of him? But even if he died according to the first estimation he cannot be prosecuted.” What is the rabbi’s reason? “If he does not die but is bedridden.” Would we not know that even if he does not die that he will be bedridden? But if they estimated that he would die. If they estimated that he would die, that is what is written: “If he gets up and walks outside on his cane.” Therefore, if he does not get up, [the attacker] is guilty. But if they did not estimate that he would die? If they did not estimate that he would die, that is what is written: “But he has to pay for his disability.” Rebbi Ila in the name of Rebbi Simeon ben Laqish: It is an extraordinary decree of Scripture that he has to pay. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: It was an erroneous estimation. What is the difference between them? If his state improved. For him who says, it is an extraordinary decree of Scripture that he has to pay; if he paid, he paid. If he did not pay, the verse makes him pay. A baraita supports one and a baraita supports the other. A baraita supports Rebbi Yose ben Ḥanina: If they estimated that he would die, when does he have to pay him? From the moment he improves. For him who says, it was an erroneous estimation; if he did not pay one does not order him to pay. If he paid, can he take it back? This supports Rebbi Simeon ben Laqish: If they estimated that he would live but he died. From when does one have to pay him? From the moment he turns worse. Rebbi Yose said, it does not say here, “from the moment he turns worse” but “from the moment he turns better.”
HALAKHAH: So is the Mishnah: Rebbi Neḥemia declares him not prosecutable but the Sages declare him guilty since it is not unsubstantiated. The Sages say, two estimations have precedence over one estimation; Rebbi Neḥemiah says, the intermediate estimation has precedence over the two. What is Rebbi Neḥemiah’s reason? “ ‘If he gets up and walks outside on his cane, the attacker is exonerated.’ Could you think that this one walks in the market and the other is executed because of him? But even if he died according to the first estimation he cannot be prosecuted.” What is the rabbi’s reason? “If he does not die but is bedridden.” Would we not know that even if he does not die that he will be bedridden? But if they estimated that he would die. If they estimated that he would die, that is what is written: “If he gets up and walks outside on his cane.” Therefore, if he does not get up, [the attacker] is guilty. But if they did not estimate that he would die? If they did not estimate that he would die, that is what is written: “But he has to pay for his disability.” Rebbi Ila in the name of Rebbi Simeon ben Laqish: It is an extraordinary decree of Scripture that he has to pay. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: It was an erroneous estimation. What is the difference between them? If his state improved. For him who says, it is an extraordinary decree of Scripture that he has to pay; if he paid, he paid. If he did not pay, the verse makes him pay. A baraita supports one and a baraita supports the other. A baraita supports Rebbi Yose ben Ḥanina: If they estimated that he would die, when does he have to pay him? From the moment he improves. For him who says, it was an erroneous estimation; if he did not pay one does not order him to pay. If he paid, can he take it back? This supports Rebbi Simeon ben Laqish: If they estimated that he would live but he died. From when does one have to pay him? From the moment he turns worse. Rebbi Yose said, it does not say here, “from the moment he turns worse” but “from the moment he turns better.”
MISHNAH: Samuel was a nazir following the words of Rebbi Nahorai, as it is said: “A shaving knife shall not come on his head.” It is said about Samson “a shaving knife”, and it is said about Samuel “a shaving knife”. Since “a shaving knife” mentioned for Samson refers to nazir, so “a shaving knife” mentioned for Samuel refers to nazir. Rebbi Yose said, but fear is only of flesh and blood! Rebbi Nahorai answered him: Was it not said: “Samuel said, how can I go? Will not Saul hear of it and kill me?” The fear of flesh and blood already was on him.
HALAKHAH: “Somebody who brings a bill of divorce from overseas,” etc. This is difficult. If somebody brings a gift document from overseas,would you require him to say, it was written and signed before me? Rebbi Joshua ben Levi said, there is a difference because they are not conversant with the fine points of bills of divorce. Rebbi Joḥanan said, that is a leniency lest she sit abandoned. Is that a leniency? It is only a restriction, for if he does not say to her, it was written and signed before me, you do not permit her to remarry. Rebbi Yose said, the difficulty which you impose upon her at the beginning, that he is required to say, it was written and signed before me, makes it easy for her at the end. For if [the husband] would come and protest, his protest would be void. Rebbi Mana wanted to say, a protest other than the text of the bill. But is a protest about the text of the bill a protest which has no validity? Even for a protest which has validity, said Rebbi Yose ben Rebbi Abun, since you say that the reason for the difficulty which you impose upon her at the beginning, that he is required to say, it was signed before me, is to make it easy for her at the end, that if [the husband] would come and protest, his protest would be void; this means that there is no difference whether it is a protest not about the text of the bill or about the body of the bill, a protest which has no validity, or a protest which does have validity! But should you worry that maybe be gave the bill to disqualified witnesses to sign? Rebbi Abun said, he is not suspect to damage her before Heaven. Before the court he is suspect to damage her. But since he knows that if he comes and protests his protest is void, he will choose qualified witnesses to sign.
HALAKHAH: “Somebody who brings a bill of divorce from overseas,” etc. This is difficult. If somebody brings a gift document from overseas,would you require him to say, it was written and signed before me? Rebbi Joshua ben Levi said, there is a difference because they are not conversant with the fine points of bills of divorce. Rebbi Joḥanan said, that is a leniency lest she sit abandoned. Is that a leniency? It is only a restriction, for if he does not say to her, it was written and signed before me, you do not permit her to remarry. Rebbi Yose said, the difficulty which you impose upon her at the beginning, that he is required to say, it was written and signed before me, makes it easy for her at the end. For if [the husband] would come and protest, his protest would be void. Rebbi Mana wanted to say, a protest other than the text of the bill. But is a protest about the text of the bill a protest which has no validity? Even for a protest which has validity, said Rebbi Yose ben Rebbi Abun, since you say that the reason for the difficulty which you impose upon her at the beginning, that he is required to say, it was signed before me, is to make it easy for her at the end, that if [the husband] would come and protest, his protest would be void; this means that there is no difference whether it is a protest not about the text of the bill or about the body of the bill, a protest which has no validity, or a protest which does have validity! But should you worry that maybe be gave the bill to disqualified witnesses to sign? Rebbi Abun said, he is not suspect to damage her before Heaven. Before the court he is suspect to damage her. But since he knows that if he comes and protests his protest is void, he will choose qualified witnesses to sign.
Rebbi Abba in the name of Rav, Rebbi Ze‘ira in the name of Abba bar Ḥana: Two who brought a bill of divorce do not have to declare: It was written before us and signed before us. Rebbi Yose ben Yose in the name of Rebbi Joḥanan: They have to. He himself who brought the bill of divorce does not have to deliver the bill in the presence of two [witnesses] in order to declare her a divorcee in the presence of two. “If he gave her the bill, took it from her, and threw it into the sea or into a river. If later he says to her that it was an empty papyrus or a paid bond, he cannot be believed to disqualify her.” Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: If he cannot disqualify her, who can? He said to him, since she was declared a divorcee in the presence of two [witnesses], he cannot be believed to disqualify her. If he gave her a bill of divorce which was found to be invalid, they forced him to give her a replacement. This case came before the rabbis and they declared it valid. Did we not say, he cannot be believed to disqualify her? There, the flaw was not proved; here the flaw was proved. As the following: Ḥinena, the son of Rebbi Asi, was a medical doctor and threw a bill of divorce to his wife. She cried. Her neighbor came, grabbed it from her, and gave her an empty papyrus. The case came before the rabbis and they took it into account. But did not Rebbi Yasa say in Rebbi Joḥanan’s name: If the designation was checked and found to be based on [the testimony of] women or children, the designation is invalid? There, the designation was not mentioned. But here the name “bill of divorce” was mentioned. And some want to say, if he asserted that it was a valid bill of divorce, but she cried, her neighbor came, grabbed it from her, and gave her an empty papyrus.
Rebbi Abba in the name of Rav, Rebbi Ze‘ira in the name of Abba bar Ḥana: Two who brought a bill of divorce do not have to declare: It was written before us and signed before us. Rebbi Yose ben Yose in the name of Rebbi Joḥanan: They have to. He himself who brought the bill of divorce does not have to deliver the bill in the presence of two [witnesses] in order to declare her a divorcee in the presence of two. “If he gave her the bill, took it from her, and threw it into the sea or into a river. If later he says to her that it was an empty papyrus or a paid bond, he cannot be believed to disqualify her.” Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: If he cannot disqualify her, who can? He said to him, since she was declared a divorcee in the presence of two [witnesses], he cannot be believed to disqualify her. If he gave her a bill of divorce which was found to be invalid, they forced him to give her a replacement. This case came before the rabbis and they declared it valid. Did we not say, he cannot be believed to disqualify her? There, the flaw was not proved; here the flaw was proved. As the following: Ḥinena, the son of Rebbi Asi, was a medical doctor and threw a bill of divorce to his wife. She cried. Her neighbor came, grabbed it from her, and gave her an empty papyrus. The case came before the rabbis and they took it into account. But did not Rebbi Yasa say in Rebbi Joḥanan’s name: If the designation was checked and found to be based on [the testimony of] women or children, the designation is invalid? There, the designation was not mentioned. But here the name “bill of divorce” was mentioned. And some want to say, if he asserted that it was a valid bill of divorce, but she cried, her neighbor came, grabbed it from her, and gave her an empty papyrus.
HALAKHAH: “Somebody who brings a bill of divorce from the Land of Israel,” etc. Who protests? Rav Ḥisda said, the husband protests. Rebbi Yose said, the buyers protest, lest she repossess from them. Rebbi asked: So far a protest which does not concern the text of the bill. A protest which concerns the text of the bill is in dispute between Rebbi Joḥanan and the rabbis there. In the opinion of the rabbis there, there is no difference to a protest concerning or not concerning the body of the bill. A protest not concerning the text of the bill is void, a protest concerning the text of the bill is valid.
HALAKHAH: “Any document signed by a Samaritan is invalid,” etc. They are suspected about money; about money they were disqualified.They are not suspected about incest and adultery. And testimony in capital criminal cases has the same status as testimony about incest and adultery. Then even if both of them are Samaritans? There is a difference, for they are not conversant with the fine points of bills of divorce. Then even one Samaritan witness should be disqualified! Rebbi Abin said, explain it if a Jew signed last. Rebbi Yose said, that is according to the opinion that the witnesses may sign separately, not in the presence of each other. But according to him who says that witnesses may sign only in the presence of each other, it is valid even if the Samaritan signed last.