yose

Rebbi Aḥa said, the acts of a Gentile court are public knowledge. Then even if both [witnesses] are Samaritan? Did one not say that they are not conversant with the fine points in writing bills of divorce? But Rebbi Simeon validates their bills of divorce! Rebbi Abba in the name of Rebbi Ze‘ira: It turns out that Rebbi Simeon agrees with Rebbi Eleazar. Just as Rebbi Eleazar said, even if no witnesses signed on it, it is valid, so Rebbi Simeon said, even if no witnesses signed on it, it is valid. But then even if it was made by private persons? This shows that it was necessary that Rebbi Jacob bar Aḥa said, the acts of a Gentile court are public knowledge. A bond was executed in Bet Shean, whose witnesses were Gentiles. Rebbi Yose says, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree, one said it is invalid, the other said it is valid. Rebbi Abbahu explained: Rebbi Joḥanan said it is invalid, Rebbi Simeon ben Laqish said it is valid. What is Rebbi Simeon ben Laqish’s reason? That a Jew should not lose money. But if that one would not lose money, the other would lose money! Rebbi Yudan said, it must be in order not to close the door before people, for tomorrow one would look to borrow but does not succeed.

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

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

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

Rebbi Yose asked: If he said, “it was written and signed before me, but it was in the sole possession of the husband between writing and signing”? Let us hear from the following: “If one said ‘it was written before me’ and another ‘it was signed before me’, it is invalid.” That is, because one said, “it was written before me” and another, “it was signed before me”; this implies that if one said, “it was written and signed before me, but it was in the sole possession of the husband between writing and signing”, it is valid. Rav Ḥisda asked: half of an institution and half as biblical decree? If he said, “it was written and signed before me, but it was in the sole possession of the husband between writing and signing”? Let us hear from the following: “If one said ‘it was written before me’ and another ‘it was signed before me’, it is invalid.” That is, because one said “it was written before me” and another “it was signed before me”; this implies that if one said, “it was written and signed before me, but it was in the sole possession of the husband for an hour,” it is valid.

MISHNAH: One writes with anything, with ink, with vermilion, with gum, and with copper sulfate, and anything that leaves a record. One does not write with drinks, or fruit juice, or anything not permanent. One writes on anything, on a leaf of the olive tree, on a cow’s horn if one delivers the cow to her, on a slave’s hand if one delivers the slave to her. Rebbi Yose the Galilean says, one does not write on anything living nor on food.

“This is your bill of divorce on condition that you give it to me,” is invalid. “On condition that you return it to me,” is valid. Is that not the prior case? Rebbi Yose said, after you went to court. Rebbi Yose ben Rebbi Abun said, “after you have acquired all the rights for which it was made, return it to me.” Similar to that: Etrogim were scarce over there. Rav Naḥman bar Jacob gave an etrog to his son and said to him, if you have acquired it and fulfilled its obligation, return it to me.

“This is your bill of divorce on condition that you give it to me,” is invalid. “On condition that you return it to me,” is valid. Is that not the prior case? Rebbi Yose said, after you went to court. Rebbi Yose ben Rebbi Abun said, “after you have acquired all the rights for which it was made, return it to me.” Similar to that: Etrogim were scarce over there. Rav Naḥman bar Jacob gave an etrog to his son and said to him, if you have acquired it and fulfilled its obligation, return it to me.

What is Rebbi Yose the Galilean’s reason? “Scroll.” Since a scroll is special in not being a living being, so no living being. Since a scroll is not food, so no food. What is the rabbis’ reason? “Scroll.” Since a scroll is detached, so everything detached. Are stalks of food in Rebbi Yose the Galilean’s opinion like food? Let us hear from the following: If he wrote it on a deer’s antlers, shaved it off, had it signed, and gave it to him, it is valid. Because he shaved it off before he had it signed. Therefore, not if he had it signed and afterwards shaved it off. Rebbi Abba in the name of Rebbi Miasha: Only if he wrote on the male horn. But if he wrote on the sheath it is as if separated and is valid. Rebbi Jonah asked: Is that the same for preparation of produce? If he desired that it should rain on an animal and [the rain] dropped from the animal on food. There, Rebbi Yose said “a scroll”, since a scroll is special in not being a living being, so no living being; and here, does he say so? There is a difference since it is written, “any drinkable drink in any vessel shall be impure”. Then also if it rained into cisterns, ditches and caves? There is a difference here, for it is written: “a vessel”.

What is Rebbi Yose the Galilean’s reason? “Scroll.” Since a scroll is special in not being a living being, so no living being. Since a scroll is not food, so no food. What is the rabbis’ reason? “Scroll.” Since a scroll is detached, so everything detached. Are stalks of food in Rebbi Yose the Galilean’s opinion like food? Let us hear from the following: If he wrote it on a deer’s antlers, shaved it off, had it signed, and gave it to him, it is valid. Because he shaved it off before he had it signed. Therefore, not if he had it signed and afterwards shaved it off. Rebbi Abba in the name of Rebbi Miasha: Only if he wrote on the male horn. But if he wrote on the sheath it is as if separated and is valid. Rebbi Jonah asked: Is that the same for preparation of produce? If he desired that it should rain on an animal and [the rain] dropped from the animal on food. There, Rebbi Yose said “a scroll”, since a scroll is special in not being a living being, so no living being; and here, does he say so? There is a difference since it is written, “any drinkable drink in any vessel shall be impure”. Then also if it rained into cisterns, ditches and caves? There is a difference here, for it is written: “a vessel”.

What is Rebbi Yose the Galilean’s reason? “Scroll.” Since a scroll is special in not being a living being, so no living being. Since a scroll is not food, so no food. What is the rabbis’ reason? “Scroll.” Since a scroll is detached, so everything detached. Are stalks of food in Rebbi Yose the Galilean’s opinion like food? Let us hear from the following: If he wrote it on a deer’s antlers, shaved it off, had it signed, and gave it to him, it is valid. Because he shaved it off before he had it signed. Therefore, not if he had it signed and afterwards shaved it off. Rebbi Abba in the name of Rebbi Miasha: Only if he wrote on the male horn. But if he wrote on the sheath it is as if separated and is valid. Rebbi Jonah asked: Is that the same for preparation of produce? If he desired that it should rain on an animal and [the rain] dropped from the animal on food. There, Rebbi Yose said “a scroll”, since a scroll is special in not being a living being, so no living being; and here, does he say so? There is a difference since it is written, “any drinkable drink in any vessel shall be impure”. Then also if it rained into cisterns, ditches and caves? There is a difference here, for it is written: “a vessel”.

HALAKHAH: “Also those women who cannot be believed if they say that [a woman’s] husband died,” etc. Would you believe her if it was written but not signed [in her presence]? If she did not say ‘it was written in my presence, it was signed in my presence’, would you permit her to remarry? Rebbi Yose ben Rebbi Abun said, that parallels what 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 Eleazar bar Yose asked before Rebbi Yose: Concerning what you say that one bill of divorce is invalid for two women, should not two bills of divorce be invalid for two women? He asked him, what is the question? He answered, did we not state: “If two people sent two [identical] bills of divorce which were intermingled, he gives both documents to both women.” There, it is a divorce for this one and a divorce for the other one; the mix-up caused [the problem]. But here, neither this one is divorced in her name nor is that one divorced in her name.

Rebbi Eleazar bar Yose asked before Rebbi Yose: Concerning what you say that one bill of divorce is invalid for two women, should not two bills of divorce be invalid for two women? He asked him, what is the question? He answered, did we not state: “If two people sent two [identical] bills of divorce which were intermingled, he gives both documents to both women.” There, it is a divorce for this one and a divorce for the other one; the mix-up caused [the problem]. But here, neither this one is divorced in her name nor is that one divorced in her name.

After it was delivered to her, could it not be considered as if written in her name from the start? Rebbi Yose in the name of Rebbi [Abin bar Ḥiyya]: It follows Rebbi Simeon, as it was stated: “If one said to a craftsman, make me two bells, one for the ground and one for an animal, make me two mats, one to sit on and one for a tent, make me two sheets, one to lie on and one for [a pattern], only if he designated them in purity. Rebbi Simeon declares them pure unless he designated them for impurity.” As he said there, only if it was a utensil from the start, so he says, unless it was a divorce in her name from the start.

Rebbi Ḥanania in the name of Rebbi Abin bar Ḥiyya, [this is Rebbi’s opinion.] Rebbi Joḥanan said, and it was stated so: “All conditions invalidate a bill of divorce, the words of Rebbi. But the Sages say, what invalidates orally invalidates in writing, and what does not invalidate orally does not invalidate in writing.” “You are permitted to marry anybody except Mr. X,” because this invalidates orally it invalidates in writing. “This is your bill of divorce on condition that you give me 200 zuz”; because this does not invalidate orally it does not invalidate in writing. Rebbi Yudan said, when do they disagree? If he rescinded his condition. But if he did nor rescind his condition, even Rebbi agrees. Otherwise, we would have to say that all conditions which were stated for bills of divorce do not follow Rebbi. Rebbi Ḥinena said, there when he writes “on condition,” here if he gives “on condition.” Rebbi Ezra asked before Rebbi Mana: Does this imply that Rebbi does not recognize formulaic texts? He answered him, about whom do you ask? About Rebbi! He follows Rebbi Jehudah, for Rebbi Jehudah invalidates formulaic texts. Rebbi Simeon ben Laqish said, everybody agrees that all conditions invalidate a bill of divorce. There came a case before Rebbi Jeremiah and he acted following Rebbi Simeon ben Laqish. Rebbi Yose said to him, does one neglect Rebbi Joḥanan and act following Rebbi Simeon ben Laqish? He answered him, is Rebbi Joḥanan’s instruction an instruction but Rebbi Simeon ben Laqish’s instruction not an instruction? Rebbi Jacob bar Aḥa said, it is not that Rebbi Simeon ben Laqish disagrees with Rebbi Joḥanan, but he understood a baraita and acted accordingly. Rebbi Yose ben Rebbi Abun said, not that Rebbi Simeon ben Laqish fights against Rebbi Joḥanan when he disagrees with him only to extract a ruling from him. If he finds a baraita, he depends on it; if he does not find a baraita, he retracts his opinion before Rebbi Joḥanan’s opinion.

Rebbi Ḥanania in the name of Rebbi Abin bar Ḥiyya, [this is Rebbi’s opinion.] Rebbi Joḥanan said, and it was stated so: “All conditions invalidate a bill of divorce, the words of Rebbi. But the Sages say, what invalidates orally invalidates in writing, and what does not invalidate orally does not invalidate in writing.” “You are permitted to marry anybody except Mr. X,” because this invalidates orally it invalidates in writing. “This is your bill of divorce on condition that you give me 200 zuz”; because this does not invalidate orally it does not invalidate in writing. Rebbi Yudan said, when do they disagree? If he rescinded his condition. But if he did nor rescind his condition, even Rebbi agrees. Otherwise, we would have to say that all conditions which were stated for bills of divorce do not follow Rebbi. Rebbi Ḥinena said, there when he writes “on condition,” here if he gives “on condition.” Rebbi Ezra asked before Rebbi Mana: Does this imply that Rebbi does not recognize formulaic texts? He answered him, about whom do you ask? About Rebbi! He follows Rebbi Jehudah, for Rebbi Jehudah invalidates formulaic texts. Rebbi Simeon ben Laqish said, everybody agrees that all conditions invalidate a bill of divorce. There came a case before Rebbi Jeremiah and he acted following Rebbi Simeon ben Laqish. Rebbi Yose said to him, does one neglect Rebbi Joḥanan and act following Rebbi Simeon ben Laqish? He answered him, is Rebbi Joḥanan’s instruction an instruction but Rebbi Simeon ben Laqish’s instruction not an instruction? Rebbi Jacob bar Aḥa said, it is not that Rebbi Simeon ben Laqish disagrees with Rebbi Joḥanan, but he understood a baraita and acted accordingly. Rebbi Yose ben Rebbi Abun said, not that Rebbi Simeon ben Laqish fights against Rebbi Joḥanan when he disagrees with him only to extract a ruling from him. If he finds a baraita, he depends on it; if he does not find a baraita, he retracts his opinion before Rebbi Joḥanan’s opinion.

HALAKHAH: “If somebody writes formulaic texts of bills of divorce,” etc. Rebbi Joḥanan said, writing the essential text with the formula is valid. Rebbi Simeon ben Laqish said, writing the essential text with the formula is invalid. The Mishnah disagrees with Rebbi Joḥanan: “If somebody writes formulaic texts of bills of divorce he has to leave space for the man, the woman, and the time.” He explains it, with the essential text. It is difficult for Rebbi Joḥanan: Do the Sages declare valid in case he wrote the essential text with the formulaic text? Rebbi Jeremiah in the name of Rebbi Ze‘ira: From its invalidity you learn its validity. If he wrote everything in her name but the husband’s and the wife’s names not in her name, would that be valid? Similarly, if he wrote everything not in her name but the husband’s and the wife’s names in her name, it is valid. Rebbi Yose asked Rebbi Jeremiah: Think of it, if it was paired? He said, so said his teacher Rebbi Ze‘ira to him: Since pairing is infrequent, even if there was pairing it is as if there was no pairing. Then it is difficult for Rebbi Simeon ben Laqish: Even if he did not write the essential text in the formula, Rebbi Jehudah declares invalid! Rebbi Yose ben Rebbi Ze‘ira: Rebbi Jehudah refers to something else; it follows what Simeon bar Abba said in the name of Rebbi Joḥanan: An empty space of two lines about one subject is invalid in any case.

HALAKHAH: “If somebody writes formulaic texts of bills of divorce,” etc. Rebbi Joḥanan said, writing the essential text with the formula is valid. Rebbi Simeon ben Laqish said, writing the essential text with the formula is invalid. The Mishnah disagrees with Rebbi Joḥanan: “If somebody writes formulaic texts of bills of divorce he has to leave space for the man, the woman, and the time.” He explains it, with the essential text. It is difficult for Rebbi Joḥanan: Do the Sages declare valid in case he wrote the essential text with the formulaic text? Rebbi Jeremiah in the name of Rebbi Ze‘ira: From its invalidity you learn its validity. If he wrote everything in her name but the husband’s and the wife’s names not in her name, would that be valid? Similarly, if he wrote everything not in her name but the husband’s and the wife’s names in her name, it is valid. Rebbi Yose asked Rebbi Jeremiah: Think of it, if it was paired? He said, so said his teacher Rebbi Ze‘ira to him: Since pairing is infrequent, even if there was pairing it is as if there was no pairing. Then it is difficult for Rebbi Simeon ben Laqish: Even if he did not write the essential text in the formula, Rebbi Jehudah declares invalid! Rebbi Yose ben Rebbi Ze‘ira: Rebbi Jehudah refers to something else; it follows what Simeon bar Abba said in the name of Rebbi Joḥanan: An empty space of two lines about one subject is invalid in any case.

HALAKHAH: “If somebody lent money to a Cohen,” etc. Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: This follows Rebbi Yose; as we have stated there: “Rebbi Yose says, anything whose replacement is in the Cohen’s hand is freed from the gifts, but Rebbi Meїr obligates.” Did Rebbi Yose not speak only if it did exist? But here, he still needs to sow! Rebbi Abbahu in the name of Rebbi Joḥanan: The Mishnah speaks of acquaintances of Cohanim or Levites. But did we not state “a poor person”? Does a poor person have acquaintances? There came a case before Rebbi Immi: A Cohen or Levite who owed money to an Israel and told him, separate from my part for my account. He said to him, did we not state: “If somebody lent money to a Cohen, a Levite, or a poor person to separate on their account.” When the loan was given under these conditions. Therefore, not if it was not a condition of the loan! Rebbi Ze‘ira said, even if it was not a condition of the loan. Rebbi Ze‘ira’s force is from the following: “Similarly, a Levite who owed money to an Israel and said to him, separate on my account; only he should not collect and separate because no Levite makes a Levite.” He only said, he should not separate, but from his own he may separate.

HALAKHAH: “If somebody lent money to a Cohen,” etc. Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: This follows Rebbi Yose; as we have stated there: “Rebbi Yose says, anything whose replacement is in the Cohen’s hand is freed from the gifts, but Rebbi Meїr obligates.” Did Rebbi Yose not speak only if it did exist? But here, he still needs to sow! Rebbi Abbahu in the name of Rebbi Joḥanan: The Mishnah speaks of acquaintances of Cohanim or Levites. But did we not state “a poor person”? Does a poor person have acquaintances? There came a case before Rebbi Immi: A Cohen or Levite who owed money to an Israel and told him, separate from my part for my account. He said to him, did we not state: “If somebody lent money to a Cohen, a Levite, or a poor person to separate on their account.” When the loan was given under these conditions. Therefore, not if it was not a condition of the loan! Rebbi Ze‘ira said, even if it was not a condition of the loan. Rebbi Ze‘ira’s force is from the following: “Similarly, a Levite who owed money to an Israel and said to him, separate on my account; only he should not collect and separate because no Levite makes a Levite.” He only said, he should not separate, but from his own he may separate.

HALAKHAH: “If somebody lent money to a Cohen,” etc. Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: This follows Rebbi Yose; as we have stated there: “Rebbi Yose says, anything whose replacement is in the Cohen’s hand is freed from the gifts, but Rebbi Meїr obligates.” Did Rebbi Yose not speak only if it did exist? But here, he still needs to sow! Rebbi Abbahu in the name of Rebbi Joḥanan: The Mishnah speaks of acquaintances of Cohanim or Levites. But did we not state “a poor person”? Does a poor person have acquaintances? There came a case before Rebbi Immi: A Cohen or Levite who owed money to an Israel and told him, separate from my part for my account. He said to him, did we not state: “If somebody lent money to a Cohen, a Levite, or a poor person to separate on their account.” When the loan was given under these conditions. Therefore, not if it was not a condition of the loan! Rebbi Ze‘ira said, even if it was not a condition of the loan. Rebbi Ze‘ira’s force is from the following: “Similarly, a Levite who owed money to an Israel and said to him, separate on my account; only he should not collect and separate because no Levite makes a Levite.” He only said, he should not separate, but from his own he may separate.

Rebbi Ḥiyya bar Uqba in the name of Rebbi Yose in the name of Rebbi Ḥanina: The Mishnah speaks of the heirs in priesthood and Levitic status. But concerning the poor, the poor has no inheritance. Bar Qappara stated: No person is immune from this; if not he then his son, if not his son then his grandson. This means, he can change the terms. Can the creditor change the terms? Let us hear from the following: “If somebody lends money to a first rich and then poor person he cannot separate for him, for one does not separate for what was lost and the poor acquired what is in his hand.” This implies that the creditor cannot change the terms.

There, we have stated: “If someone buys wine from Samaritans.” It was stated: “Rebbi Yose and Rebbi Simeon prohibit to do so, for the wine bag might spring a leak and it may turn out retroactively that he drank ṭevel.” Does the Mishnah here not follow Rebbi Yose and Rebbi Simeon? Rebbi Ze‘ira said, there it was not in order from the start. But here it is not in order from now to the future.

There, we have stated: “If someone buys wine from Samaritans.” It was stated: “Rebbi Yose and Rebbi Simeon prohibit to do so, for the wine bag might spring a leak and it may turn out retroactively that he drank ṭevel.” Does the Mishnah here not follow Rebbi Yose and Rebbi Simeon? Rebbi Ze‘ira said, there it was not in order from the start. But here it is not in order from now to the future.

“Mr. X and all his names.” Think of it, if his name was Reuben and he went away under the name of Simeon. But: “I am X and every other name which I have.” “In addition, they said if he had two wives, one in Judea and one in Galilee, and he is known by two names, one in Judea and one in Galilee. He used [his name] in Judea to divorce the one in Galilee and [his name] in Galilee to divorce the one in Judea. Neither one is divorced.” This baraita if he was in Judea and wrote to divorce in Galilee or in Galilee and wrote to divorce in Judea. But if he was in Judea and wrote to divorce in Judea, or in Galilee and wrote to divorce in Galilee, she is divorced. Rebbi Ilai said, according to the rules he has to say: “I am X with every other name which I have in Galilee.” If he was at another place, he can divorce either one he wishes. Rebbi Yose said, one says that if he did it. But to start out he has to follow Rebbi Ilai. Rebbi Abin said, if he is known by (another) name at another place, he has to mention all three.

Rav Huna said, I asked before Rebbi Jacob ben Aḥa: Following him who says tithes are from their words. But following him who says tithes are from the Torah, does Hillel institute anything against the words of the Torah? Rebbi Yose said, from the moment that Israel was exiled to Babylonia, did they not become free from all commandments connected with the Land, but the remission of debts applies both in the Land and outside the Land from the words of the Torah? Rebbi Yose turned and said, (Deut. 15:2) “this is the word of the abandonment, remit” as long as abandonment is followed in the Land as a word of the Torah, remission of debts applies both in the Land and outside the Land from the words of the Torah, but when abandonment is followed in the Land as their word, remission of debts applies both in the Land and outside the Land from their word. There, they say that even one who holds that tithes are from the Torah will hold that the Sabbatical is from their word. (Deut. 15:2): “This is the word of the remission, remit!” Rebbi says, two remissions are the Sabbatical and the Jubilee. As long as the Jubilee is operative, the Sabbatical is from words of the Torah. If the Jubilees are abolished, the Sabbatical is operative from their words. When were the Jubilees abolished? (Lev. 25:10) “For all its inhabitants.” In the time when they lived on it, not when they went from it into exile. If they lived on it but did (not) intermingle, the tribe of Judah in Benjamin, and the tribe of Benjamin in Judah, I could think that the Jubilee was operative. The verse mentions its inhabitants, “All its inhabitants;” you find that when the tribes of Reuben, Gad, and half the tribe of Manasseh went into exile, the Jubilees were disestablished.

Rav Huna said, I asked before Rebbi Jacob ben Aḥa: Following him who says tithes are from their words. But following him who says tithes are from the Torah, does Hillel institute anything against the words of the Torah? Rebbi Yose said, from the moment that Israel was exiled to Babylonia, did they not become free from all commandments connected with the Land, but the remission of debts applies both in the Land and outside the Land from the words of the Torah? Rebbi Yose turned and said, (Deut. 15:2) “this is the word of the abandonment, remit” as long as abandonment is followed in the Land as a word of the Torah, remission of debts applies both in the Land and outside the Land from the words of the Torah, but when abandonment is followed in the Land as their word, remission of debts applies both in the Land and outside the Land from their word. There, they say that even one who holds that tithes are from the Torah will hold that the Sabbatical is from their word. (Deut. 15:2): “This is the word of the remission, remit!” Rebbi says, two remissions are the Sabbatical and the Jubilee. As long as the Jubilee is operative, the Sabbatical is from words of the Torah. If the Jubilees are abolished, the Sabbatical is operative from their words. When were the Jubilees abolished? (Lev. 25:10) “For all its inhabitants.” In the time when they lived on it, not when they went from it into exile. If they lived on it but did (not) intermingle, the tribe of Judah in Benjamin, and the tribe of Benjamin in Judah, I could think that the Jubilee was operative. The verse mentions its inhabitants, “All its inhabitants;” you find that when the tribes of Reuben, Gad, and half the tribe of Manasseh went into exile, the Jubilees were disestablished.

HALAKHAH: “If a slave was kidnapped and ransomed,” etc. Rebbi Abbahu in the name of Ḥizqiah: It would be logical that even as a slave he should not have to serve. And why did they say, he has to serve? That a slave should not run away to the kidnappers. Rebbi Ze‘ira said, a baraita implies this: “His master pays his ransom and frees him.” They said that only about his master, not anybody else. Rebbi Ila in the name of Rebbi Yasa: It would be logical that even as a free person he should have to serve. Why did they say that he does not have to serve? Not to damage the reputations of free persons. Rebbi Yose said, but it is so: “Rabban Simeon ben Gamliel says, in any case he shall serve; just as Israel are obligated to ransom free persons so they are obligated to ransom slaves.” The first Tanna is of the opinion that they are obligated to ransom free persons but they are not obligated to ransom slaves. Rebbi Jacob bar Idi in the name of Rebbi Simeon ben Laqish: Practice follows Rabban Simeon ben Gamliel.

If [the master] blinded [the slave’s] two eyes simultaneously, or broke two of his teeth simultaneously, the slave thereby obtains his freedom. One after the other, he obtains his freedom from the first [injury] and [the master] has to pay for the second. Rebbi Ila in the name of Rebbi Simeon ben Laqish: Following the opinion that [the master] does not have to write a bill of manumission for him. But following the opinion that [the master] has to write a bill of manumission for him, can you say that he has to pay him? Not only does this apply to one who gains his freedom for a tooth or an eye, from where also that he may gain his freedom by a cap, or הרנירק טיאונוס, or the king’s freedom? The verse says, “he shall send him to freedom”, in any way. What is the status of his children? The children of him who leaves for a tooth or an eye are slaves, the children of him who leaves by the loss of hope are free. Rebbi Yose ben Rebbi Abun said, that is unreasonable; it is the other way around. The children of one who leaves for a tooth or an eye are free because the Torah freed him. The children of one who leaves by the loss of hope are slaves because the Torah did not free him.

If a convert died and Jews plundered his property, if there were slaves, either adult or underage, they gain their freedom. Abba Shaul said, the adults gain their freedom, the minors do not become free. Why? They are no longer property after their owner’s death. Then even adults? Rebbi Abba said, since adults are competent to acquire themselves, they gain their freedom. Minors, who are not competent to acquire for themselves, do not gain their freedom. Rebbi Joshua ben Levi said, practice follows Abba Shaul. The opinions of Rebbi Joshua ben Levi are contradictory. There, Rebbi Simon in the name of Rebbi Joshua ben Levi and Rebbi Yossi ben Shaul in the name of Rebbi said: A person who has given up hope to recover his slave is not entitled to enslave him. They said, what Rebbi Joshua said about enslaving, if he did not give, he did not give; perhaps practice would be to enslave him, therefore he has to write him a bill of manumission. And here, he says so! We heard that Rebbi Joḥanan said, Rebbi Joshua ben Levi taught us that correctly, perhaps practice follows Abba Shaul. The slave girl of Rabba bar Zuṭra ran away and he gave up hope to recover her. He went to ask Rebbi Ḥanina and Rebbi Joshua ben Levi. They said, he is not entitled to enslave her. How is it to write her a bill of manumission? They said to him, if you wrote, you did the right thing. Rebbi Ḥanina in the name of Rebbi Ismael ben Rebbi Yose: A slave who married as a free person in the presence of his master gained his freedom. Rebbi Joḥanan said, yesterday I was sitting and formulating: If somebody writes a document of preliminary marriage for his slave or a document of definitive marriage for his girl slave, Rebbi says, they acquired, but the Sages say, they did not acquire. The first Tanna follows Rebbi: he acquired.

Who frees? Rav says, either his first or his second master. Rebbi Joḥanan says, only his first master alone is able to free. Rebbi Ḥaggai objected before Rebbi Yose: Does not a baraita disagree with Rav? If a Jew gave a loan to a Gentile on the latter’s leavened matter, it is permitted after Passover. If you say that the Jew has property rights in it, it would be forbidden. What does Rav do with this? Rebbi Yudan said, manumission is made easy, as it was stated: If somebody gives his slave as mortgage, if he sold him, he is not sold; if he freed him, he is freed. The strength of Rebbi Joḥanan is from the following: Rabban Simeon ben Gamliel says, only the manumittor writes. If somebody mortgaged his field to another, then went and sold it, can the creditor not come and foreclose? Rebbi Abbahu said, in this matter Rebbi Joḥanan opened for us a door to illuminate. We do not find that a slave can again be enslaved after having been freed. If that is so, he should not have to write a bond for his value! Rebbi Ila said, it is better that a person say to him, give me the 200 zuz which you owe me than say to him, you are my slave! The rabbis of Caesarea say in Rebbi Nasa’s name: Rabban Simeon ben Gamliel follows Rebbi Meïr. Just as Rebbi Meїr imposes a fine for words, so Rabban Simeon ben Gamliel imposes a fine for words. As it was stated: With a bond documenting both principal and interest one can collect neither principal nor interest, the words of Rebbi Meїr. But the Sages say, one collects the principal but not the interest.

There, we have stated: “One does not marry women on a holiday.” Simeon bar Abba in the name of Rebbi Joḥanan: Because of refraining from being fruitful and increase. They asked before Rebbi Yose: May a slave marry a woman on a holiday? He told them, let us hear from the following: “Shall he be alone? But the world was created only for procreation and increase!” And Rebbi Simeon bar Abba said in the name of Rebbi Joḥanan: Anybody commanded to be fruitful and increase is forbidden to marry on a holiday.

HALAKHAH: “If somebody sells his slave to Gentiles,” etc. To a Gentile even in the Land. Who frees him? His original owner pays for him and the second frees him. “Or outside the Land,” even to a Jew. Let us say that if the second owner knew, both of them split the price; otherwise the first pays for him and the second frees him. “I X ben Y sold my slave Z to Antiochia”, he gains his freedom. But if he is in Lydda, he did not gain his freedom. It was stated: A slave goes outside the Land with his master. Therefore, if he sold him there, he is sold. If he came from outside the Land to the Land with the intention to return, one forces him to return. With the intention not to return, one does not force him to return. If he fled from outside the Land to the Land, he may return him. If he fled from the Land to outside the Land, Rebbi Joshia in the name of the Elder Rebbi Ḥiyya said, it is permigtted. The great Rebbi Hoshaia said, it is permitted. Rebbi Marinos, the son of the great Rebbi Hoshaia said, it is forbidden. Rebbi Ze‘ira said, they do not disagree. He who says, it is permitted, if he is used to flee there. But he who says, it is forbidden, if he is not used to flee there. Rebbi Yose said, they do not disagree. He who says, it is permitted, if he can return him from there; but he who says, it is forbidden, if he cannot return him from there.

MISHNAH: If somebody divorces his wife because of bad reputation, he cannot take her back; because of a vow, he cannot take her back. Rebbi Jehudah says, for any vow known in public, he cannot take her back; not known in public, he can take her back. Rebbi Meїr says, for any vow which needs investigation by a Sage, he cannot take her back; if it does not need investigation by a Sage, he can take her back. Rebbi Eleazar said, they forbade one because of the other. Rebbi Yose ben Jehudah said, it happened in Sidon that one said to his wife, a qonam if I do not divorce you, and he divorced her, and the Sages permitted him to take her back, for the public good.

The Mishnah is Rebbi Meїr’s, since Rebbi Meїr says that a Gentile may not acquire real estate in the Land of Israel to remove it from tithes; Rebbi Jehudah and Rebbi Simeon say, a Gentile may acquire real estate in the Land of Israel to free it from tithes. Rebbi Immi in the name of Rebbi Simeon ben Laqish: The reason of Rebbi Meïr (Lev. 25:46): “You shall transmit them by inheritance to your sons after you, to inherit by the rules of real estate.” This brackets slaves with real estate. Just as you may buy slaves from them but they cannot buy from you, so real estate you may buy from them but they cannot buy from you. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yasa, the following supports Rebbi Meїr (Lev. 25:23): “The land shall not be sold permanently,” absolutely. He said to him, that in itself supports Rebbi Simeon. “It shall not be sold”, because if it was sold, it would be sold absolutely. Rebbi Huna from Sepphoris said, Rebbi Ḥanina instituted in Sepphoris following Rebbi Simeon.

If somebody bought a field during a Jubilee period. Rebbi Ila said, he acquired ownership of the ground, Abba bar Mamal said, he did not acquire ownership of the ground. Rebbi Abba bar Mamal objected to Rebbi Ila: In your opinion, since you say that he acquired ownership of the ground, why can he not dig cisterns, ditches, and caves? He said to him, the Torah said, “he shall return to his inheritance,” as it was. Rebbi Jacob bar Aḥa brought this topic before them and did not know that they still disagreed: Rebbi Joḥanan said, he brings and recites; Rebbi Simeon ben Laqish said, he does not bring and recite. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose: Everybody agrees that he brings. Where do they disagree? Rebbi Joḥanan said, he brings and recites; Rebbi Simeon ben Laqish said, he brings but does not recite.

If somebody bought a field during a Jubilee period. Rebbi Ila said, he acquired ownership of the ground, Abba bar Mamal said, he did not acquire ownership of the ground. Rebbi Abba bar Mamal objected to Rebbi Ila: In your opinion, since you say that he acquired ownership of the ground, why can he not dig cisterns, ditches, and caves? He said to him, the Torah said, “he shall return to his inheritance,” as it was. Rebbi Jacob bar Aḥa brought this topic before them and did not know that they still disagreed: Rebbi Joḥanan said, he brings and recites; Rebbi Simeon ben Laqish said, he does not bring and recite. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose: Everybody agrees that he brings. Where do they disagree? Rebbi Joḥanan said, he brings and recites; Rebbi Simeon ben Laqish said, he brings but does not recite.

HALAKHAH: “For tort victims one estimates with best quality land,” etc. “By an inference de minore ad maius, for Temple property.” Rebbi Abba bar Pappaios said before Rebbi Yose, where do we hold? If to qualify as damages, is that not what we stated “his neighbor’s ox” but not the ox of Temple property? If for bodily damages, is that not what Rebbi Ḥiyya stated: A private person can claim damages but not the Temple? But we must deal with one who said, I obligate myself to give 100 minas to the Temple, when his ox went and did damage. You should not say, [the Temple] is a creditor and should collect from average quality land. Therefore, it was necessary to say that “for tort victims one estimates with best quality land, by an inference de minore ad maius, for Temple property.”

Rebbi Ḥiyya stated: “Full and partial damages are collected from encumbered property.” One understands full damages. Are partial damages not collected from the animal’s body? Rebbi Yose said, explain it when it was a docile ox which did damage and then his owner went and sold it. Its body already was encumbered to the injured party. The rabbis of Caesarea said, explain it if he converted it into a loan. Then it should be foreclosed only by average quality land! Since the debt originated in a damage claim, he may collect from best quality.

If there is only best quality, one collects from the best quality, [only] average quality one collects from average quality, [only] worst quality one collects from worst quality. Best and average, torts are assessed from best quality, creditors and a woman’s ketubah from average. Average and worst, torts and creditors are assessed from average, a woman’s ketubah from worst. If his best quality was like everybody’s best quality, it is best quality. If his average quality was like everybody’s average quality, it is average quality. If his worst quality was like everybody’s worst quality, it is worst quality. If his best quality was like everybody’s average? Rebbi Ze‘ira and Rebbi Ila asked: Let us hear from the following: Average and worst, torts and creditors are assessed from average, a woman’s ketubah from worst. But just as you need in the case that you have best and average quality, torts push creditors to the average, so in this case, of average and worst quality, should not torts push creditors to the worst quality? Rebbi Yose bar Abun in the name of Rav Ḥisda: Explain it that he had best quality which he sold, and the creditors were already pushed to average quality.

“For a woman’s ketubah with lowest quality.” Rebbi Jeremiah said, they taught only for a ketubah of a mina or 200 [zuz], but a ketubah of a thousand denar she collects from average quality. Rebbi Yose said, even a ketubah of a thousand denar she collects only from lowest quality. It turns out that this disagreement parallels the following disagreement: “While she lives in her father’s house, she always can collect her ketubah; if she lives in her husband’s house, she can collect her ketubah for 25 years.” Rebbi Simon in the name of Rebbi Joshua ben Levi: One stated this only for the ketubah of a mina or 200 [zuz]. But a ketubah of 1’000 denar she collects forever. Rebbi Abbahu quoted in the name of Rebbi Joḥanan: Even a ketubah of 1’000 denar she can collect only up to 25 years. It turns out that Rebbi Yose follows Rebbi Joḥanan and Rebbi Jeremiah Rebbi Joshua ben Levi. As we have stated there: “If somebody signs over his property to his sons and signs over some real estate to his wife, she loses her claim to ketubah.” Rav said, if he sells through her. Samuel says, if he distributes in her presence. Rebbi Yose ben Ḥanina said, they stated here a relaxation of the laws of ketubah. Rebbi Abba said, the reason of Rebbi Yose ben Ḥanina is that it applies not only to a ketubah of a mina or two hundred, but even regarding a ketubah of one thousand denar they proclaimed a relaxation of the laws of ketubah.

“For a woman’s ketubah with lowest quality.” Rebbi Jeremiah said, they taught only for a ketubah of a mina or 200 [zuz], but a ketubah of a thousand denar she collects from average quality. Rebbi Yose said, even a ketubah of a thousand denar she collects only from lowest quality. It turns out that this disagreement parallels the following disagreement: “While she lives in her father’s house, she always can collect her ketubah; if she lives in her husband’s house, she can collect her ketubah for 25 years.” Rebbi Simon in the name of Rebbi Joshua ben Levi: One stated this only for the ketubah of a mina or 200 [zuz]. But a ketubah of 1’000 denar she collects forever. Rebbi Abbahu quoted in the name of Rebbi Joḥanan: Even a ketubah of 1’000 denar she can collect only up to 25 years. It turns out that Rebbi Yose follows Rebbi Joḥanan and Rebbi Jeremiah Rebbi Joshua ben Levi. As we have stated there: “If somebody signs over his property to his sons and signs over some real estate to his wife, she loses her claim to ketubah.” Rav said, if he sells through her. Samuel says, if he distributes in her presence. Rebbi Yose ben Ḥanina said, they stated here a relaxation of the laws of ketubah. Rebbi Abba said, the reason of Rebbi Yose ben Ḥanina is that it applies not only to a ketubah of a mina or two hundred, but even regarding a ketubah of one thousand denar they proclaimed a relaxation of the laws of ketubah.

“For a woman’s ketubah with lowest quality.” Rebbi Jeremiah said, they taught only for a ketubah of a mina or 200 [zuz], but a ketubah of a thousand denar she collects from average quality. Rebbi Yose said, even a ketubah of a thousand denar she collects only from lowest quality. It turns out that this disagreement parallels the following disagreement: “While she lives in her father’s house, she always can collect her ketubah; if she lives in her husband’s house, she can collect her ketubah for 25 years.” Rebbi Simon in the name of Rebbi Joshua ben Levi: One stated this only for the ketubah of a mina or 200 [zuz]. But a ketubah of 1’000 denar she collects forever. Rebbi Abbahu quoted in the name of Rebbi Joḥanan: Even a ketubah of 1’000 denar she can collect only up to 25 years. It turns out that Rebbi Yose follows Rebbi Joḥanan and Rebbi Jeremiah Rebbi Joshua ben Levi. As we have stated there: “If somebody signs over his property to his sons and signs over some real estate to his wife, she loses her claim to ketubah.” Rav said, if he sells through her. Samuel says, if he distributes in her presence. Rebbi Yose ben Ḥanina said, they stated here a relaxation of the laws of ketubah. Rebbi Abba said, the reason of Rebbi Yose ben Ḥanina is that it applies not only to a ketubah of a mina or two hundred, but even regarding a ketubah of one thousand denar they proclaimed a relaxation of the laws of ketubah.

“For a woman’s ketubah with lowest quality.” Rebbi Jeremiah said, they taught only for a ketubah of a mina or 200 [zuz], but a ketubah of a thousand denar she collects from average quality. Rebbi Yose said, even a ketubah of a thousand denar she collects only from lowest quality. It turns out that this disagreement parallels the following disagreement: “While she lives in her father’s house, she always can collect her ketubah; if she lives in her husband’s house, she can collect her ketubah for 25 years.” Rebbi Simon in the name of Rebbi Joshua ben Levi: One stated this only for the ketubah of a mina or 200 [zuz]. But a ketubah of 1’000 denar she collects forever. Rebbi Abbahu quoted in the name of Rebbi Joḥanan: Even a ketubah of 1’000 denar she can collect only up to 25 years. It turns out that Rebbi Yose follows Rebbi Joḥanan and Rebbi Jeremiah Rebbi Joshua ben Levi. As we have stated there: “If somebody signs over his property to his sons and signs over some real estate to his wife, she loses her claim to ketubah.” Rav said, if he sells through her. Samuel says, if he distributes in her presence. Rebbi Yose ben Ḥanina said, they stated here a relaxation of the laws of ketubah. Rebbi Abba said, the reason of Rebbi Yose ben Ḥanina is that it applies not only to a ketubah of a mina or two hundred, but even regarding a ketubah of one thousand denar they proclaimed a relaxation of the laws of ketubah.

HALAKHAH: “One cannot collect for usufruct,” etc. Rebbi Joḥanan said in the name of Rebbi Yannai: One pays from an orphan’s property only a document on which interest is due, and some say, also a woman’s ketubah. Rebbi Yannai said, because of her sustenance. Rebbi Mattaniah said, who is worried about sustenance? Rebbi Simeon! Since Rebbi Simeon said, it depends on the collection. What about it? For attraction, that everybody should be eager to marry her. Some say, also for robbery and torts. Rebbi Yose said, we stated both of these. Robbery from the following: “If it was mortgageable, he has to pay.” For torts from the following: “One pays from an orphan’s property only from the least valuable.” So is the Mishnah: One pays for torts from an orphan’s property only from the least valuable. But was it not stated: If the son took his father’s place, one estimates torts from the most valuable land, creditors from average quality, and a woman’s ketubah from the least valuable. Rebbi Yose ben Rebbi Abun said, there about an adult orphan, here about an underage orphan.

HALAKHAH: “One cannot collect for usufruct,” etc. Rebbi Joḥanan said in the name of Rebbi Yannai: One pays from an orphan’s property only a document on which interest is due, and some say, also a woman’s ketubah. Rebbi Yannai said, because of her sustenance. Rebbi Mattaniah said, who is worried about sustenance? Rebbi Simeon! Since Rebbi Simeon said, it depends on the collection. What about it? For attraction, that everybody should be eager to marry her. Some say, also for robbery and torts. Rebbi Yose said, we stated both of these. Robbery from the following: “If it was mortgageable, he has to pay.” For torts from the following: “One pays from an orphan’s property only from the least valuable.” So is the Mishnah: One pays for torts from an orphan’s property only from the least valuable. But was it not stated: If the son took his father’s place, one estimates torts from the most valuable land, creditors from average quality, and a woman’s ketubah from the least valuable. Rebbi Yose ben Rebbi Abun said, there about an adult orphan, here about an underage orphan.

If [Reuben] robbed a field from Simeon and sold it to Levi, then Simeon came and foreclosed it from Levi; then Levi collects from Reuben’s encumbered property and Simeon collects the usufruct from Levi’s free property. If Levi in the meantime improved [the property], Levi collects the capital from Reuben’s encumbered property and the improvement from Simeon’s free property. Rebbi Ḥiyya in the name of Rebbi Joḥanan said, only if a third party’s buying preceded the improvement by this one. But if the improvement by this one preceded a third party’s buying, Levi can collect the capital even from Simeon’s encumbered property. Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan said: With usufruct one proceeds in the same way. If he spent four denars and the improvement is worth six, Levi collects four denars from Reuben’s encumbered property and another two from Simeon’s free property. Rebbi Abin in the name of the rabbis there: Since he did not enter with permission, his hand is weak against Simeon. Rebbi Yose ben Rebbi Abun in the name of the rabbis there: Since he entered with permission, his hand is strong against Reuben.

Reuben robbed a field from Simeon and sold it to Levi; Levi went and gave it to Jehudah as a gift. Then Simeon foreclosed it from Jehudah. Jehudah has no regress on Levi since it was a gift. Levi has regress on Reuben since it was a sale. Did he not give it away as a gift? He can say to him, it was my intention to give it to him so he would return me favors. Reuben robbed a field from Simeon and gave it to Levi as a gift; Levi sold it to Jehudah. Jehudah has regress on Levi since he sold it; Levi has no regress on Reuben since it was a gift; as Rebbi Yose said in the name of the rabbis: No easement is created by a gift.

Reuben robbed a field from Simeon and sold it to Levi, and he did not have time to write the foreclosure document before he died: whose is it? Rav Huna and Ḥiyya the son of Rav: One said, if he wrote the foreclosure document, it is Reuben’s, if not, it is Levi’s. The other one said, whether he wrote or did not write, it belongs to Levi. Rebbi Mana said, it is reasonable that it does not belong to Reuben since he can say to him, I sold you something which was not mine. Rebbi Yose said, it is not reasonable that it should not be Levi’s, since Reuben can tell him, is this not before you? You are good to confirm the sale.

Can one collect dowry from encumbered property? Rebbi Ze‘ira said that Rebbi Joḥanan does not collect. Who collects? Rebbi Ḥanina and Rebbi Ila collect. Rebbi Yasa was appointed custodian of orphans’ property. There were orphan [girls] who asked for dowry. He brought the case before Rebbi Eleazar and Rebbi Simeon bar Yaqim. Rebbi Simeon bar Yaqim said, is it not better to provide for them from their father’s estate rather than from charity? Rebbi Eleazar said to him: If such a case came before our teachers, our teachers would not touch it; would we act? Rebbi Yose said, I shall give to them, and if some orphans would get up and complained, I would give it to them. They stood up and complained.

Rav wrote to Rebbi, who transferred it to the Elder Rebbi Ḥiyya and Rebbi Ḥiyya wrote between the lines. If the orphans sold against the rules, one collects for dowry but one does not collect for sustenance. If they accepted a lien. I do not know what this lien is. Levi stated: Both for a lien made by the father and for a lien made by the son, one collects for dowry but one does not collect for sustenance. Rebbi Abba said, there is no mention of a lien made by the father, only a lien made by the son. If one cannot collect during the father’s lifetime, not so much less after the father’s death? Rebbi Ḥama bar Uqba in the name of Rebbi Yose bar Ḥanina: If the daughters are married, the widow is sustained by them. Rebbi Abba follows his own [opinion] and Rebbi Jehudah follows his own [opinion]. For the sister of Rebbi Yose bar Ḥanina in the name of Rebbi Yose ben Rebbi Ḥaggai: Even if they died, the widow is sustained by them.

Rav wrote to Rebbi, who transferred it to the Elder Rebbi Ḥiyya and Rebbi Ḥiyya wrote between the lines. If the orphans sold against the rules, one collects for dowry but one does not collect for sustenance. If they accepted a lien. I do not know what this lien is. Levi stated: Both for a lien made by the father and for a lien made by the son, one collects for dowry but one does not collect for sustenance. Rebbi Abba said, there is no mention of a lien made by the father, only a lien made by the son. If one cannot collect during the father’s lifetime, not so much less after the father’s death? Rebbi Ḥama bar Uqba in the name of Rebbi Yose bar Ḥanina: If the daughters are married, the widow is sustained by them. Rebbi Abba follows his own [opinion] and Rebbi Jehudah follows his own [opinion]. For the sister of Rebbi Yose bar Ḥanina in the name of Rebbi Yose ben Rebbi Ḥaggai: Even if they died, the widow is sustained by them.

Rav wrote to Rebbi, who transferred it to the Elder Rebbi Ḥiyya and Rebbi Ḥiyya wrote between the lines. If the orphans sold against the rules, one collects for dowry but one does not collect for sustenance. If they accepted a lien. I do not know what this lien is. Levi stated: Both for a lien made by the father and for a lien made by the son, one collects for dowry but one does not collect for sustenance. Rebbi Abba said, there is no mention of a lien made by the father, only a lien made by the son. If one cannot collect during the father’s lifetime, not so much less after the father’s death? Rebbi Ḥama bar Uqba in the name of Rebbi Yose bar Ḥanina: If the daughters are married, the widow is sustained by them. Rebbi Abba follows his own [opinion] and Rebbi Jehudah follows his own [opinion]. For the sister of Rebbi Yose bar Ḥanina in the name of Rebbi Yose ben Rebbi Ḥaggai: Even if they died, the widow is sustained by them.

What is the situation of grandchildren? Rebbi Mana said, grandchildren are like children. Rebbi Yose said, grandchildren are not like children. Rebbi Samuel, son of Rebbi Yose ben Rebbi Ḥanina and Rebbi Mattaniah were sitting together. They wanted to say, the same situation applies to grandchildren here as there. Rebbi Yose ben Rebbi Ḥanina said to them, inheritance by biblical law jumped on grandchildren.

What is the situation of grandchildren? Rebbi Mana said, grandchildren are like children. Rebbi Yose said, grandchildren are not like children. Rebbi Samuel, son of Rebbi Yose ben Rebbi Ḥanina and Rebbi Mattaniah were sitting together. They wanted to say, the same situation applies to grandchildren here as there. Rebbi Yose ben Rebbi Ḥanina said to them, inheritance by biblical law jumped on grandchildren.

What is the situation of grandchildren? Rebbi Mana said, grandchildren are like children. Rebbi Yose said, grandchildren are not like children. Rebbi Samuel, son of Rebbi Yose ben Rebbi Ḥanina and Rebbi Mattaniah were sitting together. They wanted to say, the same situation applies to grandchildren here as there. Rebbi Yose ben Rebbi Ḥanina said to them, inheritance by biblical law jumped on grandchildren.

HALAKHAH: “If orphans rely on a property owner, etc.” (Num. 18:28) “you” excludes partners, “you” excludes guardians, “you” excludes one who gives heave from what is not his. Did we not state (Terumot 3:3): “Partners who gave heave one after the other?” But one must be for Great Heave, the other for heave of the tithe. Did we not infer the laws of the Great Heave from heave of the tithe? But one is for practice, the other for action. “You” excludes guardians; but did we not state: “Orphans dependent on a home owner, or for whom the father had appointed a guardian, must tithe their produce.” The colleagues say, here for a permanent guardian, there for a temporary guardian. Rebbi Yose asked, does that apply to: “he may sell slaves but not real estate?” But here one deals with an adult orphan, there with an underage orphan.

Rebbi Joḥanan said, as a matter of principle one does not appoint guardians for orphans to their detriment, only to their profit; but if they are detrimental, they are detrimental. Rebbi Yose bar Ḥanina said, neither as a matter of principle nor as a reaction, neither for profit not for detriment. A Mishnah disagrees with Rebbi Yose bar Ḥanina: “One appoints a guardian for them” There is a difference about an ox, lest it continue to cause damage. If it did do damage, from whom does one take payment? Rebbi Joḥanan said, from the orphans. Rebbi Yose bar Ḥanina said, from the guardian. And even if Rebbi Joḥanan never taught this, does not his word imply it since he said if in the end they are detrimental, they are detrimental?

Rebbi Joḥanan said, as a matter of principle one does not appoint guardians for orphans to their detriment, only to their profit; but if they are detrimental, they are detrimental. Rebbi Yose bar Ḥanina said, neither as a matter of principle nor as a reaction, neither for profit not for detriment. A Mishnah disagrees with Rebbi Yose bar Ḥanina: “One appoints a guardian for them” There is a difference about an ox, lest it continue to cause damage. If it did do damage, from whom does one take payment? Rebbi Joḥanan said, from the orphans. Rebbi Yose bar Ḥanina said, from the guardian. And even if Rebbi Joḥanan never taught this, does not his word imply it since he said if in the end they are detrimental, they are detrimental?

Rebbi Joḥanan said, as a matter of principle one does not appoint guardians for orphans to their detriment, only to their profit; but if they are detrimental, they are detrimental. Rebbi Yose bar Ḥanina said, neither as a matter of principle nor as a reaction, neither for profit not for detriment. A Mishnah disagrees with Rebbi Yose bar Ḥanina: “One appoints a guardian for them” There is a difference about an ox, lest it continue to cause damage. If it did do damage, from whom does one take payment? Rebbi Joḥanan said, from the orphans. Rebbi Yose bar Ḥanina said, from the guardian. And even if Rebbi Joḥanan never taught this, does not his word imply it since he said if in the end they are detrimental, they are detrimental?

A guardian appointed by the orphans’ father shall be made to swear, for usually he is not checked out. If he was appointed by the court he shall not be made to swear for usually he was checked out. Abba Shaul says, it is the other way around; a guardian appointed by the orphans’ father shall be made to swear, for he is like one who is paid; if he was appointed by the court he shall not be made to swear for for he can say to him, I am doing this as a favor to you. It turns out that Rebbi Joḥanan follows the rabbis and Rebbi Yose ben Ḥanina Abba Shaul. Does Rebbi Joḥanan follow the rabbis? Even if he holds with Abba Shaul, a person acts as a trustee in order to be declared trustworthy. Does Rebbi Yose ben Ḥanina [follow] Abba Shaul? Even if he holds with the rabbis, a person is apt to slip away from an oath but not from payments.

A guardian appointed by the orphans’ father shall be made to swear, for usually he is not checked out. If he was appointed by the court he shall not be made to swear for usually he was checked out. Abba Shaul says, it is the other way around; a guardian appointed by the orphans’ father shall be made to swear, for he is like one who is paid; if he was appointed by the court he shall not be made to swear for for he can say to him, I am doing this as a favor to you. It turns out that Rebbi Joḥanan follows the rabbis and Rebbi Yose ben Ḥanina Abba Shaul. Does Rebbi Joḥanan follow the rabbis? Even if he holds with Abba Shaul, a person acts as a trustee in order to be declared trustworthy. Does Rebbi Yose ben Ḥanina [follow] Abba Shaul? Even if he holds with the rabbis, a person is apt to slip away from an oath but not from payments.

HALAKHAH: Rebbi Yudan did not go to the assembly. He was standing with Rebbi Mana and asked him, what new was said? He said: So says Rebbi Yose, a person causing impurity does not have the status of a perpetrator, fromthe following: “Heave which became impure.” He answered: Explain it, if it became impure by itself; then you cannot infer anything, because of a Mishnah: “If somebody judged, absolved the guilty and obligated the innocent, declared the pure impure and the impure pure.” For Rav Jeremiah said in the name of Rav: If he touched it with his hand. Samuel said: If he touched it with his hand. Rebbi Jehudah ben Rebbi says, it should have been logical that even intentionally he should have been free. Why did they say that he is obligated? That he should tell. And Rebbi Joḥanan said, it should have been logical that even unintentionally he should have been obligated. Why did they say that he is free? Because of a fine. The strength of Rebbi Joḥanan comes from this: “If someone causes anything to become impure, or dema‘, or libation wine, if it was unintentional he is free, intentional he is obligated,” and Rebbi Joḥanan said, he pays a fine. A baraita supports Rebbi Joḥanan: “A person who puts a yoke on another’s cow is free in human law but guilty in Heaven’s law.”

Rav Huna in the name of Rav: If he mixed. If he made a libation and then mixed it, at the start he committed a capital crime and at the end he has to pay? Rebbi Abba objected: Think of it, if he killed somebody and broke the flask, at the start he committed a capital crime and in the end he has to pay? Rebbi Yose objected: Think of it, if he set fire to somebody’s grain stack on the Day of Atonement, at the start he committed a capital crime and in the end he has to pay? “If someone causes anything to become impure, or turn into dema‘, or libation wine, if it was unintentional he is free, intentional he is obligated,” and Rebbi Joḥanan said, he pays a fine.

HALAKHAH: “Rebbi Joḥanan ben Guedgedah testified,” etc. Rebbi Ḥananiah asked before Rebbi Immi. His testimony seems reasonable for a hearing woman of sound mind, that she is divorced with or without her acquiescence. But a deaf-mute woman who has no will should not be divorced except with her acquiescence. But is it not testimony “that is an example”; does one add to a testimony? Rebbi Ḥanania is of the opinion that this refers to a hearing girl who was married off by her father (and mother) and became deaf-and-dumb. Rebbi Yose is of the opinion that this refers to an underage girl who was married off by her father (and mother) and became divorced.

“If somebody stole a log and used it in building. The House of Shammai say, he has to tear down the entire building and return it. But the House of Hillel say, for the benefit of repenting sinners, that he has to pay its full value.” Rebbi Eleazar said, where do they disagree? If he stole it planed, but if he stole and planed it himself, he owes him money. If he stole and planed it on the spot, what is the rule? Let us hear from the following: “If somebody appropriates another person’s ruin and rebuilds it without prermission, one appraises it and his hand is weak. If he wants to take his logs and stones, one does not listen to him.” Rebbi Jacob bar Aḥa in the name of Rebbi Joshua ben Levi: It was asked in the name of Rav Naḥman bar Jacob: If somebody stores his bundle in somebody else’s ruin and wants to take it from there, does one not listen to him? He had not heard that Rebbi Jacob bar Idi said in the name of Rebbi Joshua ben Levi: Because of civilisation. Rebbi Yose said, this is correct. We would have thought that they disagree only in the Land, but not outside the Land. Since Rebbi Jacob bar Aḥa said, because of civilisation, this implies that there is no difference between the Land and outside the Land. If he wants to take [the value of] his logs and stones, what is the rule? One tells him, wait until he dwells in it. Samuel said, one pays him immediately.

(The deaf-mute communicates by sign language.) They say, we had the means to buy; the buyer says, no. Rebbi Yose says, the field is always in the possession of the current owner since the burden of proof is on the claimant.

Rav said, I was of the voters. There is no difference between a quarter in real estate or a quarter in money. Rebbi Yose ben Rebbi Abun said, real estate for a denar a γραμμάριον, in money a quarter is a tremis.

HALAKHAH: “Ben Bathyra says, in pantomimes.” He hires and is hired. The artless, small children. Rebbi Joḥanan said, because of their livelihood. Rebbi Mana said, even though Rebbi Yose raises difficulties in collecting forfeits, he agrees that those who give their children to artisans that they collect forfeits because of the livelihood of people.

MISHNAH: The following was said for communal peace: A Cohen reads first, after him a Levite, after him an Israel, for communal peace. One puts an eruv in an old house, for communal peace. A cistern which is close to a water canal is filled first, for communal peace. Finds of a deaf-mute, or an insane person, or a minor fall under the category of robbery, for communal peace; Rebbi Yose says, complete robbery. Traps for wild animals, birds, or fish fall under the category of robbery, for communal peace; Rebbi Yose says, complete robbery. If one knocks off [olives] from high up in the olive tree, it falls under the category of robbery, for communal peace; Rebbi Yose says, complete robbery. One does not hinder poor Gentiles [from taking] gleanings, forgotten sheaves, or peah, for communal peace.

MISHNAH: The following was said for communal peace: A Cohen reads first, after him a Levite, after him an Israel, for communal peace. One puts an eruv in an old house, for communal peace. A cistern which is close to a water canal is filled first, for communal peace. Finds of a deaf-mute, or an insane person, or a minor fall under the category of robbery, for communal peace; Rebbi Yose says, complete robbery. Traps for wild animals, birds, or fish fall under the category of robbery, for communal peace; Rebbi Yose says, complete robbery. If one knocks off [olives] from high up in the olive tree, it falls under the category of robbery, for communal peace; Rebbi Yose says, complete robbery. One does not hinder poor Gentiles [from taking] gleanings, forgotten sheaves, or peah, for communal peace.

MISHNAH: The following was said for communal peace: A Cohen reads first, after him a Levite, after him an Israel, for communal peace. One puts an eruv in an old house, for communal peace. A cistern which is close to a water canal is filled first, for communal peace. Finds of a deaf-mute, or an insane person, or a minor fall under the category of robbery, for communal peace; Rebbi Yose says, complete robbery. Traps for wild animals, birds, or fish fall under the category of robbery, for communal peace; Rebbi Yose says, complete robbery. If one knocks off [olives] from high up in the olive tree, it falls under the category of robbery, for communal peace; Rebbi Yose says, complete robbery. One does not hinder poor Gentiles [from taking] gleanings, forgotten sheaves, or peah, for communal peace.

Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not clear unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “A man to his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac explained it by the method of the artless. As we have stated there: “For underage children, their buying is buying and their selling selling, for movables.” But did we not state there: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not clear unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “A man to his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac explained it by the method of the artless. As we have stated there: “For underage children, their buying is buying and their selling selling, for movables.” But did we not state there: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

“If a poor person knocks off [olives] from high up in the olive tree, what is under him falls under the category of robbery, for communal peace; Rebbi Yose says, complete robbery.” That means, on the earth. But if he plucks with his hand, his hand acquires for him.

Rebbi Yose bar Ḥanina asked: Has this been said for all of this chapter or only for this Mishnah? The rabbis of Caesarea in the name of Rebbi Judah bar Titus: From the fact that we state this Mishnah in Giṭṭin it follows that it was said only for this Mishnah.

Rebbi Ḥaggai said before Rebbi Yose: Is not this disagreement the same as that disagreement, as we have stated there: “If a man was talking with a woman about her bill of divorce or her preliminary marriage and gave her the bill of divorce or [some valuable for] preliminary marriage and did not spell it out, Rebbi Yose says it is sufficient; Rebbi Jehudah says he has to be explicit.” Then Rebbi follows Rebbi Yose and Rebbi Nathan Rebbi Jehudah. He said to him, what do you have in your hand, did not Rebbi Zeïra, Ḥiyya bar Abin, Abba bar Taḥlifa, say in the name of Rebbi Hoshaia, when do they differ? [If they thought about] other things but if he still was on the same subject, it is a bill of divorce. But here, even if they are still on the same subject there is disagreement.

Rebbi Ḥaggai said before Rebbi Yose: Is not this disagreement the same as that disagreement, as we have stated there: “If a man was talking with a woman about her bill of divorce or her preliminary marriage and gave her the bill of divorce or [some valuable for] preliminary marriage and did not spell it out, Rebbi Yose says it is sufficient; Rebbi Jehudah says he has to be explicit.” Then Rebbi follows Rebbi Yose and Rebbi Nathan Rebbi Jehudah. He said to him, what do you have in your hand, did not Rebbi Zeïra, Ḥiyya bar Abin, Abba bar Taḥlifa, say in the name of Rebbi Hoshaia, when do they differ? [If they thought about] other things but if he still was on the same subject, it is a bill of divorce. But here, even if they are still on the same subject there is disagreement.

Rebbi Ḥaggai said before Rebbi Yose: Is not this disagreement the same as that disagreement, as we have stated there: “If a man was talking with a woman about her bill of divorce or her preliminary marriage and gave her the bill of divorce or [some valuable for] preliminary marriage and did not spell it out, Rebbi Yose says it is sufficient; Rebbi Jehudah says he has to be explicit.” Then Rebbi follows Rebbi Yose and Rebbi Nathan Rebbi Jehudah. He said to him, what do you have in your hand, did not Rebbi Zeïra, Ḥiyya bar Abin, Abba bar Taḥlifa, say in the name of Rebbi Hoshaia, when do they differ? [If they thought about] other things but if he still was on the same subject, it is a bill of divorce. But here, even if they are still on the same subject there is disagreement.

Rebbi Ze‘ira asked before Rebbi Mana: Is it the same for a gift? Can a person appoint an agent for anything that is not his? He said to him, there the Torah gave her the right to a bill of divorce and she appoints an agent to receive what is rightfully hers. Can you say in regard to a gift that a person can appoint an agent for anything that is not his? In addition, from what Rebbi Yose and Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan said, if somebody said to give a gift to another and he wants to retract, he may retract. Rebbi Yose stood near Rebbi Jacob bar Zavdi and said to him, is that a just “yes”? He said to him, at the moment he said it, it was a just “yes”.

Rebbi Ze‘ira asked before Rebbi Mana: Is it the same for a gift? Can a person appoint an agent for anything that is not his? He said to him, there the Torah gave her the right to a bill of divorce and she appoints an agent to receive what is rightfully hers. Can you say in regard to a gift that a person can appoint an agent for anything that is not his? In addition, from what Rebbi Yose and Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan said, if somebody said to give a gift to another and he wants to retract, he may retract. Rebbi Yose stood near Rebbi Jacob bar Zavdi and said to him, is that a just “yes”? He said to him, at the moment he said it, it was a just “yes”.

If [the husband] said to [another person]: Bring my wife’s bill of divorce, or her daughter’s, or her sister’s, then he went and delivered it to her, it is no divorce. But if [the other] said: Give a bill of divorce to his wife, and [the husband] said, here is my wife’s bill of divorce, or her daughter’s, or her sister’s, and he went and gave it to her, it is a divorce. Rebbi Yose ben Rebbi Abun and Rebbi Avin in the name of Rebbi Shammai: These are Rebbi’s words. But the Sages say, only if she says, it should be mine in your hand.

“A preliminarily married adolescent girl, or her father, can accept her bill of divorce.” Rebbi Simeon ben Laqish said, like the disagreement about divorce is the disagreement about preliminary marriage. Rebbi Joḥanan said, everybody agrees about preliminary marriage that [her father] contracts but not she herself. Rebbi Simeon ben Laqish agrees about a definitive marriage that she is not empowered to marry herself off and let her father lose her earnings. In the opinion of Rebbi Joḥanan she has no legal standing relative to her father and cannot appoint an agent. In the opinion of Rebbi Simeon ben Laqish she has legal standing relative to her father and can appoint an agent. A Mishnah disagrees with Rebbi Joḥanan: “A man contracts a preliminary marriage by himself and through his agent and a woman contracts a preliminary marriage by herself and through her agent.” He explains it about an adult woman. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is no valid bill until the bill of divorce reaches her hand.” He explains it about an orphan. But did we not state: “If her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.” He explains that the Mishnah deals with cases; the first part about an orphan and the second part if she has a father. A Mishnah disagrees with Rebbi Simeon ben Laqish. “A man may contract a preliminary marriage for his adolescent daughter either by himself or by his agent.” He explains that following Rebbi Jehudah, since Rebbi Jehudah said, “no two hands can acquire together; only her father alone can accept her bill of divorce.” Rebbi Yose said, a rabbi came out from the assembly and said, a case was decided following Rebbi Joḥanan. Can one rely on that? It was no question of relying on him since it was as from the sea to the frying pan.

HALAKHAH: : “If a woman says, accept my bill of divorce,” etc. What is the reason of Rebbi Eleazar? I say that he found it behind the door. There, we have stated: “If someone tells a person who is not trustworthy, buy for me from somebody who is trustworthy, or from somebody who tithes, he is not trustworthy. It was stated: “Rebbi Yose said, even if he specified, from X, he is not trustworthy unless he said, you buy and I will pay.” What is the reason of Rebbi Yose? I say that he found someone close by and bought from him. It turns out that Rebbi Eleazar is like Rebbi Yose and Rebbi Yose is like Rebbi Eleazar (ben Rebbi Yose.) [Rebbi Yose says more than Rebbi Eleazar;] does not Rebbi Eleazar agree that if she says to him, do not accept it except at such and such a place, she continues eating until the bill of divorce reaches that place? But here, even if he says, only from X, he is not trustworthy, except if he said, you buy and I will pay. What is the reason of Rebbi Yose? I say that he found someone close by and bought from him.

HALAKHAH: : “If a woman says, accept my bill of divorce,” etc. What is the reason of Rebbi Eleazar? I say that he found it behind the door. There, we have stated: “If someone tells a person who is not trustworthy, buy for me from somebody who is trustworthy, or from somebody who tithes, he is not trustworthy. It was stated: “Rebbi Yose said, even if he specified, from X, he is not trustworthy unless he said, you buy and I will pay.” What is the reason of Rebbi Yose? I say that he found someone close by and bought from him. It turns out that Rebbi Eleazar is like Rebbi Yose and Rebbi Yose is like Rebbi Eleazar (ben Rebbi Yose.) [Rebbi Yose says more than Rebbi Eleazar;] does not Rebbi Eleazar agree that if she says to him, do not accept it except at such and such a place, she continues eating until the bill of divorce reaches that place? But here, even if he says, only from X, he is not trustworthy, except if he said, you buy and I will pay. What is the reason of Rebbi Yose? I say that he found someone close by and bought from him.

HALAKHAH: : “If a woman says, accept my bill of divorce,” etc. What is the reason of Rebbi Eleazar? I say that he found it behind the door. There, we have stated: “If someone tells a person who is not trustworthy, buy for me from somebody who is trustworthy, or from somebody who tithes, he is not trustworthy. It was stated: “Rebbi Yose said, even if he specified, from X, he is not trustworthy unless he said, you buy and I will pay.” What is the reason of Rebbi Yose? I say that he found someone close by and bought from him. It turns out that Rebbi Eleazar is like Rebbi Yose and Rebbi Yose is like Rebbi Eleazar (ben Rebbi Yose.) [Rebbi Yose says more than Rebbi Eleazar;] does not Rebbi Eleazar agree that if she says to him, do not accept it except at such and such a place, she continues eating until the bill of divorce reaches that place? But here, even if he says, only from X, he is not trustworthy, except if he said, you buy and I will pay. What is the reason of Rebbi Yose? I say that he found someone close by and bought from him.

HALAKHAH: : “If a woman says, accept my bill of divorce,” etc. What is the reason of Rebbi Eleazar? I say that he found it behind the door. There, we have stated: “If someone tells a person who is not trustworthy, buy for me from somebody who is trustworthy, or from somebody who tithes, he is not trustworthy. It was stated: “Rebbi Yose said, even if he specified, from X, he is not trustworthy unless he said, you buy and I will pay.” What is the reason of Rebbi Yose? I say that he found someone close by and bought from him. It turns out that Rebbi Eleazar is like Rebbi Yose and Rebbi Yose is like Rebbi Eleazar (ben Rebbi Yose.) [Rebbi Yose says more than Rebbi Eleazar;] does not Rebbi Eleazar agree that if she says to him, do not accept it except at such and such a place, she continues eating until the bill of divorce reaches that place? But here, even if he says, only from X, he is not trustworthy, except if he said, you buy and I will pay. What is the reason of Rebbi Yose? I say that he found someone close by and bought from him.

HALAKHAH: : “If a woman says, accept my bill of divorce,” etc. What is the reason of Rebbi Eleazar? I say that he found it behind the door. There, we have stated: “If someone tells a person who is not trustworthy, buy for me from somebody who is trustworthy, or from somebody who tithes, he is not trustworthy. It was stated: “Rebbi Yose said, even if he specified, from X, he is not trustworthy unless he said, you buy and I will pay.” What is the reason of Rebbi Yose? I say that he found someone close by and bought from him. It turns out that Rebbi Eleazar is like Rebbi Yose and Rebbi Yose is like Rebbi Eleazar (ben Rebbi Yose.) [Rebbi Yose says more than Rebbi Eleazar;] does not Rebbi Eleazar agree that if she says to him, do not accept it except at such and such a place, she continues eating until the bill of divorce reaches that place? But here, even if he says, only from X, he is not trustworthy, except if he said, you buy and I will pay. What is the reason of Rebbi Yose? I say that he found someone close by and bought from him.

HALAKHAH: : “If a woman says, accept my bill of divorce,” etc. What is the reason of Rebbi Eleazar? I say that he found it behind the door. There, we have stated: “If someone tells a person who is not trustworthy, buy for me from somebody who is trustworthy, or from somebody who tithes, he is not trustworthy. It was stated: “Rebbi Yose said, even if he specified, from X, he is not trustworthy unless he said, you buy and I will pay.” What is the reason of Rebbi Yose? I say that he found someone close by and bought from him. It turns out that Rebbi Eleazar is like Rebbi Yose and Rebbi Yose is like Rebbi Eleazar (ben Rebbi Yose.) [Rebbi Yose says more than Rebbi Eleazar;] does not Rebbi Eleazar agree that if she says to him, do not accept it except at such and such a place, she continues eating until the bill of divorce reaches that place? But here, even if he says, only from X, he is not trustworthy, except if he said, you buy and I will pay. What is the reason of Rebbi Yose? I say that he found someone close by and bought from him.

HALAKHAH: : “If a woman says, accept my bill of divorce,” etc. What is the reason of Rebbi Eleazar? I say that he found it behind the door. There, we have stated: “If someone tells a person who is not trustworthy, buy for me from somebody who is trustworthy, or from somebody who tithes, he is not trustworthy. It was stated: “Rebbi Yose said, even if he specified, from X, he is not trustworthy unless he said, you buy and I will pay.” What is the reason of Rebbi Yose? I say that he found someone close by and bought from him. It turns out that Rebbi Eleazar is like Rebbi Yose and Rebbi Yose is like Rebbi Eleazar (ben Rebbi Yose.) [Rebbi Yose says more than Rebbi Eleazar;] does not Rebbi Eleazar agree that if she says to him, do not accept it except at such and such a place, she continues eating until the bill of divorce reaches that place? But here, even if he says, only from X, he is not trustworthy, except if he said, you buy and I will pay. What is the reason of Rebbi Yose? I say that he found someone close by and bought from him.

Rebbi Mana said, not only a neck-iron of mortal danger but also a neck-iron of money. For every neck-iron is a mortal danger. Rebbi Eleazar asked: Does his gift follow the rules of the gift of a sick person? Rebbi Naḥman in the name of Rebbi Jacob the Armenian: That which is a problem for Rebbi Simeon is obvious for Rebbi Yose bar Ḥanina, as we have stated there: “One may have use for the hair of a woman who was executed but an animal which was executed is forbidden for all use.” Rebbi Yose bar Ḥanina said, if she said, my bonnet should be given to my daughter.

Rebbi Mana said, not only a neck-iron of mortal danger but also a neck-iron of money. For every neck-iron is a mortal danger. Rebbi Eleazar asked: Does his gift follow the rules of the gift of a sick person? Rebbi Naḥman in the name of Rebbi Jacob the Armenian: That which is a problem for Rebbi Simeon is obvious for Rebbi Yose bar Ḥanina, as we have stated there: “One may have use for the hair of a woman who was executed but an animal which was executed is forbidden for all use.” Rebbi Yose bar Ḥanina said, if she said, my bonnet should be given to my daughter.

As the following: Ganiba was lead out to be executed. He said, One should give money to Rebbi Abuna from the wine of Kefar Panaya. They did not give him; they were considering what Rav said, “an heir is like the buyer of encumbered property.” Just as a loan before witnesses cannot be collected from encumbered property, so it cannot be collected from heirs. If they did not give it as payment of a debt, they should have given as a gift! They were considering what Rebbi Eleazar said, for Rebbi Eleazar asked: Does his gift follow the rules of the gift of a sick person? Rebbi Ze‘ira brought Rebbi Isaac from Atosha who stated for him: A gift is like a bill of divorce. Rebbi Abba said to him, perhaps like bills of divorce which one cannot deliver if not delivered during his lifetime, so a gift is not called a gift if not delivered during his lifetime? He said to him, here comes the rabbi with sophistication to let Rebbi Abuna lose money! You cannot, for we have stated there: “Give a mina to X; then he died. One shall give after death.” Following Rebbi Simeon. For Rebbi Joḥanan disagrees, they should give him, as Rebbi Abbahu said in the name of Rebbi Joḥanan: A loan before witnesses can be collected from the heirs on condition that they inherited real estate. Rebbi Yose said, that is, if somebody was with him until the moment of his death. But if he goes in and out, I am saying that already he gave him. The word of Rebbi Ḥanina implies that it was not given since Rebbi Ḥanina reported this fact: Levi Parisa was going from place to place when Ganiba’s relatives came to eat with him. He said, the money should be given to Rebbi Abuna; they started quarelling with him.

It was stated: Also the sick person. Rebbi Jacob bar Idi in the name of Rebbi Jonathan: Practice follows Rebbi Simeon from Shezur about the dangerously ill. What is the difference between a dangerously ill and a sick person? A sick person is a normal case; any who gets sick suddenly is dangerously ill. In a normal case, the relatives visit him immediately; unrelated persons visit him after three days. If he falls ill suddenly, everybody visits him immediately. An example: Rebbi Ḥuna, Rebbi Phineas, and Rebbi Ḥizqiah went to visit Rebbi Yose after three days. He said to them: Do you want to sustain the baraita in my case?

If somebody slaughtered with the intention of sprinkling [the victim’s] blood in idolatry or to burn its fat for idolatry, Rebbi Joḥanan said, the intention invalidates, Rebbi Simeon ben Laqish said, the intention does not invalidate. Rebbi Jacob bar Idi objected before Rebbi Simeon ben Laqish: Did we not state: “Rebbi Yose said, that is a matter of a conclusion de minore ad majus. Since in a case where thought makes sanctified food unusable, etc.,” and thought invalidates for piggul and leftover. He said to him, truly thought invalidates for piggul and leftover; but if somebody slaughtered with the intention of sprinkling [the victim’s] blood in idolatry or to burn its fat for idolatry, the intention does not invalidate. If he slaughtered and then the blood was sprinkled in an idolatrous rite and the fat was burned in an idolatrous rite, there was such a case in Caesarea and they pronounced neither prohibition nor permission. Rebbi Ḥanina in the name of Rav Ḥisda: This means that they were not apprehensive. If you say that they were apprehensive, they should have taught a prohibition. Rebbi Yose in the name of Rav Ḥisda: This means that they were apprehensive. If you say that they were not apprehensive, they should not have dealt with the case.

If somebody slaughtered with the intention of sprinkling [the victim’s] blood in idolatry or to burn its fat for idolatry, Rebbi Joḥanan said, the intention invalidates, Rebbi Simeon ben Laqish said, the intention does not invalidate. Rebbi Jacob bar Idi objected before Rebbi Simeon ben Laqish: Did we not state: “Rebbi Yose said, that is a matter of a conclusion de minore ad majus. Since in a case where thought makes sanctified food unusable, etc.,” and thought invalidates for piggul and leftover. He said to him, truly thought invalidates for piggul and leftover; but if somebody slaughtered with the intention of sprinkling [the victim’s] blood in idolatry or to burn its fat for idolatry, the intention does not invalidate. If he slaughtered and then the blood was sprinkled in an idolatrous rite and the fat was burned in an idolatrous rite, there was such a case in Caesarea and they pronounced neither prohibition nor permission. Rebbi Ḥanina in the name of Rav Ḥisda: This means that they were not apprehensive. If you say that they were apprehensive, they should have taught a prohibition. Rebbi Yose in the name of Rav Ḥisda: This means that they were apprehensive. If you say that they were not apprehensive, they should not have dealt with the case.

MISHNAH: If one said to two persons, give a bill of divorce to my wife, or to three persons, write a bill of divorce and deliver to my wife, they should write and deliver. If he said to three persons, deliver a bill of divorce to my wife, they shall ask others to write since he appointed them as a court, the words of Rebbi Meïr. This instructions for practice did Ḥananiah from Ono send from jail: I know from tradition that if someone said to three persons, deliver a bill of divorce to my wife, they shall ask others to write since he appointed them as a court. Rebbi Yose said, we told the messenger that we also know from tradition that even if he said to the Supreme Court in Jerusalem, deliver a bill of divorce to my wife, they shall learn, write, and deliver. If he said to ten persons, write a bill of divorce for my wife, one writes and two sign. All of you shall write, one writes and all sign. Therefore, if one of them died, the bill of divorce would be void.

Rebbi Hillel ben Valens asked before Rebbi: What reason did they have to say that practice follows Rebbi Yose? He said to him, because I never met him. If somebody questioned statements of Rebbi Yose, Rebbi said, we miserable ones asked against Rebbi Yose, for as there is a difference between the most holy and the most profane, so is there a difference between Rebbi Yose’s generation and ours. Rebbi Ismael ben Rebbi Yose said, the difference between my father’s generation and ours is like that between gold and dust.

Rebbi Hillel ben Valens asked before Rebbi: What reason did they have to say that practice follows Rebbi Yose? He said to him, because I never met him. If somebody questioned statements of Rebbi Yose, Rebbi said, we miserable ones asked against Rebbi Yose, for as there is a difference between the most holy and the most profane, so is there a difference between Rebbi Yose’s generation and ours. Rebbi Ismael ben Rebbi Yose said, the difference between my father’s generation and ours is like that between gold and dust.