yose

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.

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.

HALAKHAH: “If somebody had an attack of seizures”, etc. The symptoms of an insane person: One who goes out in the night, stays overnight in a graveyard, tears his clothing, and destroys what one gives to him. Rebbi Huna said, only if all of that is in him since otherwise I say that one who goes out in the night is a man-dog; he who stays overnight in a graveyard burns incense to spirits, he who tears up his clothing is [a choleric person], and he who destroys what one gives to him is a Cynic. Rebbi Joḥanan said, even only one of these symptoms is proof. Rebbi Abun said, what Rebbi Joḥanan said, even only one of these by itself is reasonable for him who destroys what one gives to him; even the greatest idiot does not destroy all one gives to him. The one attacked by seizures does not exhibit any of these signs. What is one attacked by seizures? Rebbi Yose said, a decrepit one. There came a case before Rebbi Yose of a weaver who, when one gave him red on black he was exerting himself, black on red he was exerting himself. This is the cordiacus described by the Sages.

HALAKHAH: “If somebody had an attack of seizures”, etc. The symptoms of an insane person: One who goes out in the night, stays overnight in a graveyard, tears his clothing, and destroys what one gives to him. Rebbi Huna said, only if all of that is in him since otherwise I say that one who goes out in the night is a man-dog; he who stays overnight in a graveyard burns incense to spirits, he who tears up his clothing is [a choleric person], and he who destroys what one gives to him is a Cynic. Rebbi Joḥanan said, even only one of these symptoms is proof. Rebbi Abun said, what Rebbi Joḥanan said, even only one of these by itself is reasonable for him who destroys what one gives to him; even the greatest idiot does not destroy all one gives to him. The one attacked by seizures does not exhibit any of these signs. What is one attacked by seizures? Rebbi Yose said, a decrepit one. There came a case before Rebbi Yose of a weaver who, when one gave him red on black he was exerting himself, black on red he was exerting himself. This is the cordiacus described by the Sages.

Rebbi Jacob bar Aḥa said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan said, even while he is suffering an attack of seizures, one writes the bill of divorce and delivers it to his wife. Rebbi Simeon ben Laqish said, when he regains his sanity. The argument of Rebbi Simeon ben Laqish seems to be inverted, since they disagreed: If he became deaf-mute, or insane, or became an apostate, or the Court ruled that fat may be eaten, Rebbi Joḥanan said, his sacrifice of purification is pushed aside, Rebbi Simeon ben Laqish said, his sacrifice of purification is not pushed aside. Rebbi Yose ben Rebbi Abun said, Rebbi (Joḥanan) [Aḥa] switches traditions, to avoid that a word of Rebbi Joḥanan contradict his own word. For Rebbi Samuel bar Abba said in the name of Rebbi Joḥanan: One sprinkles the blood of a purification sacrifice or a reparation sacrifice for a person terminally ill. The rabbis of Caesarea said, Rebbi Ḥiyya and Rebbi Yasa, one follows the one, the other follows the other.

Rebbi Yudan said, there, if he said I did such and such, here, if he says do such and such. Rebbi Benjamin ben Levi inquired: He should have understanding for the future if he has understanding for the past; (if he has no understanding for the past,) he would not have understanding for the future! Rebbi Abba Mari said, here we deal with a mute; there is no agency for a mute. Rebbi Yose ben Rebbi Abun said, we deal with a sane person. Why is there no divorce? Because I say, he was occupied with his documents. We also stated thus: “When was this said? When he was paralyzed while being healthy. But if he was paralyzed by a prior sickness, once is enough.”

May she be allowed to remarry? Rebbi Ḥaggai said, she is allowed to remarry. Rebbi Yose: she is forbidden to remarry; I say that a miracle happened to him and he survived.

There, we have stated: “If somebody writes his property over to his sons, he has to write: From today and after death. Rebbi Yose says, this is unnecessary.” What is Rebbi Yose’s reason? The date of the document is its proof. The colleagues in the name of Rebbi Joḥanan: This is no condition. Rebbi Ze‘ira in the name of Rebbi Joḥanan: It applies neither to bills of divorce nor to gifts. Rebbi Ila said, for a gift; since he said “from today”, the gift is irrevocable. Why did he write “after death”? To reserve the yield to himself. But in bills of divorce, since he wrote “from today” in the bill, it would be a separation. Why did he write “after death”? To reserve her body to himself. Rebbi Bibon bar Cahana said before Rebbi Ilai, not to reserve her earnings for himself? He answered, we do not find a woman married to one man and her earnings belonging to another. Rebbi Ze‘ira praised him for this and called him “son of the Torah.”

There, we have stated: “If somebody writes his property over to his sons, he has to write: From today and after death. Rebbi Yose says, this is unnecessary.” What is Rebbi Yose’s reason? The date of the document is its proof. The colleagues in the name of Rebbi Joḥanan: This is no condition. Rebbi Ze‘ira in the name of Rebbi Joḥanan: It applies neither to bills of divorce nor to gifts. Rebbi Ila said, for a gift; since he said “from today”, the gift is irrevocable. Why did he write “after death”? To reserve the yield to himself. But in bills of divorce, since he wrote “from today” in the bill, it would be a separation. Why did he write “after death”? To reserve her body to himself. Rebbi Bibon bar Cahana said before Rebbi Ilai, not to reserve her earnings for himself? He answered, we do not find a woman married to one man and her earnings belonging to another. Rebbi Ze‘ira praised him for this and called him “son of the Torah.”

MISHNAH: “This is your bill of divorce from today if I should die from this illness;” if he got up, walked on the market, fell ill again and died, one estimates whether he died from the original sickness, in which case it is a bill of divorce; otherwise it is no bill of divorce. She may not be alone with him except in the presence of witnesses, which may be even a male or a female slave except her personal slave girl since she has no shame in the presence of her personal slave girl. What is her status in those days? Rebbi Jehudah says, she is a married woman in all respects. Rebbi Yose says, she is divorced and not divorced.

“Whether he died from the original sickness.” Are male or female slaves trustworthy? The witnesses know that at the time she was alone with him a male or female slave was present. “If she was alone with him with the knowledge of two witnesses, she needs a second bill of divorce from him. One witness, she does not need a second bill of divorce from him. One in the morning and one in the afternoon, that was a case and Rebbi Eleazar bar Thaddeus asked the Sages who said, this is not [testimony of] being alone. If she was alone together with him long enough for intercourse, one suspects her about intercourse but not about preliminary marriage. Rebbi Yose ben Rebbi Jehudah says, one also suspects her about preliminary marriage.” Rebbi Jeremiah explains the baraita: If she was alone together with him long enough for intercourse, one suspects her about immoral intercourse but not about preliminary marriage. If the time was not long enough for intercourse, one does not suspect anything. Rebbi Yose explains the baraita: If she was alone together with him long enough for intercourse, one suspects her about immoral intercourse but not about preliminary marriage by intercourse. Rebbi Yose ben Rebbi Jehudah says, one also suspects her about preliminary marriage by intercourse. If the time was not long enough for intercourse, one does not suspect preliminary marriage bymoney. Rebbi Yose ben Rebbi Jehudah says, one also suspects her about preliminary marriage by money. Rebbi Abin said, It turns out that the House of Shammai parallels the rabbis and the House of Hillel Rebbi Yose ben Rebbi Jehudah.

“Whether he died from the original sickness.” Are male or female slaves trustworthy? The witnesses know that at the time she was alone with him a male or female slave was present. “If she was alone with him with the knowledge of two witnesses, she needs a second bill of divorce from him. One witness, she does not need a second bill of divorce from him. One in the morning and one in the afternoon, that was a case and Rebbi Eleazar bar Thaddeus asked the Sages who said, this is not [testimony of] being alone. If she was alone together with him long enough for intercourse, one suspects her about intercourse but not about preliminary marriage. Rebbi Yose ben Rebbi Jehudah says, one also suspects her about preliminary marriage.” Rebbi Jeremiah explains the baraita: If she was alone together with him long enough for intercourse, one suspects her about immoral intercourse but not about preliminary marriage. If the time was not long enough for intercourse, one does not suspect anything. Rebbi Yose explains the baraita: If she was alone together with him long enough for intercourse, one suspects her about immoral intercourse but not about preliminary marriage by intercourse. Rebbi Yose ben Rebbi Jehudah says, one also suspects her about preliminary marriage by intercourse. If the time was not long enough for intercourse, one does not suspect preliminary marriage bymoney. Rebbi Yose ben Rebbi Jehudah says, one also suspects her about preliminary marriage by money. Rebbi Abin said, It turns out that the House of Shammai parallels the rabbis and the House of Hillel Rebbi Yose ben Rebbi Jehudah.

“Whether he died from the original sickness.” Are male or female slaves trustworthy? The witnesses know that at the time she was alone with him a male or female slave was present. “If she was alone with him with the knowledge of two witnesses, she needs a second bill of divorce from him. One witness, she does not need a second bill of divorce from him. One in the morning and one in the afternoon, that was a case and Rebbi Eleazar bar Thaddeus asked the Sages who said, this is not [testimony of] being alone. If she was alone together with him long enough for intercourse, one suspects her about intercourse but not about preliminary marriage. Rebbi Yose ben Rebbi Jehudah says, one also suspects her about preliminary marriage.” Rebbi Jeremiah explains the baraita: If she was alone together with him long enough for intercourse, one suspects her about immoral intercourse but not about preliminary marriage. If the time was not long enough for intercourse, one does not suspect anything. Rebbi Yose explains the baraita: If she was alone together with him long enough for intercourse, one suspects her about immoral intercourse but not about preliminary marriage by intercourse. Rebbi Yose ben Rebbi Jehudah says, one also suspects her about preliminary marriage by intercourse. If the time was not long enough for intercourse, one does not suspect preliminary marriage bymoney. Rebbi Yose ben Rebbi Jehudah says, one also suspects her about preliminary marriage by money. Rebbi Abin said, It turns out that the House of Shammai parallels the rabbis and the House of Hillel Rebbi Yose ben Rebbi Jehudah.

“Whether he died from the original sickness.” Are male or female slaves trustworthy? The witnesses know that at the time she was alone with him a male or female slave was present. “If she was alone with him with the knowledge of two witnesses, she needs a second bill of divorce from him. One witness, she does not need a second bill of divorce from him. One in the morning and one in the afternoon, that was a case and Rebbi Eleazar bar Thaddeus asked the Sages who said, this is not [testimony of] being alone. If she was alone together with him long enough for intercourse, one suspects her about intercourse but not about preliminary marriage. Rebbi Yose ben Rebbi Jehudah says, one also suspects her about preliminary marriage.” Rebbi Jeremiah explains the baraita: If she was alone together with him long enough for intercourse, one suspects her about immoral intercourse but not about preliminary marriage. If the time was not long enough for intercourse, one does not suspect anything. Rebbi Yose explains the baraita: If she was alone together with him long enough for intercourse, one suspects her about immoral intercourse but not about preliminary marriage by intercourse. Rebbi Yose ben Rebbi Jehudah says, one also suspects her about preliminary marriage by intercourse. If the time was not long enough for intercourse, one does not suspect preliminary marriage bymoney. Rebbi Yose ben Rebbi Jehudah says, one also suspects her about preliminary marriage by money. Rebbi Abin said, It turns out that the House of Shammai parallels the rabbis and the House of Hillel Rebbi Yose ben Rebbi Jehudah.

“Whether he died from the original sickness.” Are male or female slaves trustworthy? The witnesses know that at the time she was alone with him a male or female slave was present. “If she was alone with him with the knowledge of two witnesses, she needs a second bill of divorce from him. One witness, she does not need a second bill of divorce from him. One in the morning and one in the afternoon, that was a case and Rebbi Eleazar bar Thaddeus asked the Sages who said, this is not [testimony of] being alone. If she was alone together with him long enough for intercourse, one suspects her about intercourse but not about preliminary marriage. Rebbi Yose ben Rebbi Jehudah says, one also suspects her about preliminary marriage.” Rebbi Jeremiah explains the baraita: If she was alone together with him long enough for intercourse, one suspects her about immoral intercourse but not about preliminary marriage. If the time was not long enough for intercourse, one does not suspect anything. Rebbi Yose explains the baraita: If she was alone together with him long enough for intercourse, one suspects her about immoral intercourse but not about preliminary marriage by intercourse. Rebbi Yose ben Rebbi Jehudah says, one also suspects her about preliminary marriage by intercourse. If the time was not long enough for intercourse, one does not suspect preliminary marriage bymoney. Rebbi Yose ben Rebbi Jehudah says, one also suspects her about preliminary marriage by money. Rebbi Abin said, It turns out that the House of Shammai parallels the rabbis and the House of Hillel Rebbi Yose ben Rebbi Jehudah.

Rebbi Yudan said, we deal with the case that it was lost by compulsion. They treated her like an unpaid trustee who may stipulate to be free from an oath. Rebbi Yose said, do we state here that the unpaid trustee is free from an oath? But we deal with the case that it was lost by mishandling. They treated the stole according to its value. But the rabbis say that in any case it has to be treated as a case of condition of a bill of divorce.

HALAKHAH: “This is your bill of divorce,” etc. For what? Rebbi Elazar said, for his house; Rebbi Joḥanan said, for places. The Mishnah supports him who said, for his house: “If he came to Acco, and returned, it is invalidated following his condition.” Rebbi Ḥaggai said before Rebbi Yose, explain it following him who said that Acco is part of the Land of Israel for bills of divorce. But even if you say that Acco is part of the Land of Israel for bills of divorce, does that mean also for conditions imposed on a bill of divorce?

MISHNAH: “This is your bill of divorce if I should not return within twelve months,” if he died within the twelve months it is no bill of divorce. “This is your bill of divorce from today if I should not return within twelve months,” if he died within the twelve months it is a bill of divorce. “If I should not return within twelve months from today write a bill of divorce and deliver to my wife;” if they wrote a bill of divorce within twelve months and delivered it within twelve months, it is no bill of divorce. “Write a bill of divorce and deliver to my wife if I should not return within twelve months from today;” if they wrote a bill of divorce within twelve months and delivered it after twelve months, it is no bill of divorce; Rebbi Yose says, this is an example of a bill of divorce. If they wrote after twelve months and delivered after twelve months but he had died, if the bill of divorce preceded the death it is a bill of divorce but if the death preceded the bill of divorce it is no bill of divorce. If it is not known, it is a case where they say, she is divorced and not divorced.

HALAKHAH: “If I should not return within twelve months from today,” etc. What is the reason of Rebbi Yose? Because he mentioned writing earlier. But did he not also mention delivering earlier, and you say that it is no bill of divorce?

Ulla bar Ismael said, he never thought to have a right to her wool basket. Think of it, if her wool basket was of gold? Certainly he never thought to have a right to her wool basket. Rebbi Joḥanan said, only if it is being used. Rebbi Yose said, only if she is using it at that moment. Rebbi Simeon ben Laqish said, if it is tied to her; Rebbi Yose said, if she lifts it for her purpose. Rebbi Hoshaiah stated in support of Rebbi Joḥanan: Even if he threw it into her maloš she is divorced.

Ulla bar Ismael said, he never thought to have a right to her wool basket. Think of it, if her wool basket was of gold? Certainly he never thought to have a right to her wool basket. Rebbi Joḥanan said, only if it is being used. Rebbi Yose said, only if she is using it at that moment. Rebbi Simeon ben Laqish said, if it is tied to her; Rebbi Yose said, if she lifts it for her purpose. Rebbi Hoshaiah stated in support of Rebbi Joḥanan: Even if he threw it into her maloš she is divorced.

HALAKHAH: “If somebody married his sister-in-law,” etc. If she should not have married but entered levirate, this is the case of a sister-in-law who married without ḥalîṣah. Rebbi Jeremiah said, this man performs ḥalīṣah, the other one keeps her. Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan: She must leave. Rebbi Yose asked Rebbi Phineas, how does the rabbi hold? He said, with Rebbi Jeremiah. He said to him, change your mind, for otherwise I shall publicly call you a rebellious Elder. Rebbi Zevidah said, a baraita supports Rebbi Joḥanan: “She must leave both of them and the thirteen items apply to her, following Rebbi Meïr who said it in the name of Rebbi Aqibah. But the Sages say, there is no bastard from a sister-in-law.” Therefore she must leave.

HALAKHAH: “If he wrote a bill to divorce his wife and then changed his mind,” etc. Rebbi Joḥanan in the name of Rebbi Yannai: There is no problem because of the purity of the priestly line and the court will not denigrate her. There came a case before the Elder Rebbi Ḥiyya and he acted following the House of Hillel. Rav asked him, why did you bring yourself into this great doubt? He answered, Rebbi Ismael ben Rebbi Yose was with me. He quoted about them: “Two are better than one.”

HALAKHAH: “If somebody divorced his wife but she stayed with him,” etc. Rebbi Mana said, the House of Shammai are consistent and the House of Hillel are consistent. Since the House of Shammai say that “a man may send away his wife with an old bill of divorce,” they say that she does not need a second bill of divorce from him. Rebbi Yose ben Rebbi Abun said, the House of Shammai are consistent and the House of Hillel are consistent. Since the House of Shammai say that “a man shall not divorce his wife unless he found in her a matter of immorality,” thy say that she is dirty in his eyes and he is not suspected of having relations with her, therefore she does not need a second bill of divorce from him.. Since the House of Hillel say, “even if she spoiled his food”, they say that she is not dirty in his eyes, he is suspected of having relations with her, and she needs a second bill of divorce from him’.

After Rebbi Eliezer’s death, four Elders assembled to object to Rebbi Eliezer’s words: Rebbi Eleazar ben Azariah, Rebbi Yose the Galilean, Rebbi Tarphon, and Rebbi Aqiba. Rebbi Joshua told them, one does not contradict the lion after his death. Rebbi Tarphon objected: If he said to her, you are permitted to any man except Mr. X; she went and married [the latter’s brother who] died childless; how can she contract the levirate marriage? Does it not turn out that he stipulated against what is written in the Torah, and anybody’s condition contradicting what is written in the Torah is invalid. Then nobody should be permitted to marry his brother’s daughter, lest he come to stipulate against what is written in the Torah. Rebbi Yose ben Rebbi Abun said, one understands the reason. There, the Torah forbade her to him. But here, he forbids to him! Rebbi Ḥananiah objected in the name of Rebbi Phineas: Should one not state “sixteen women” following Rebbi Eliezer? Rebbi Mana said, the reason was already explained: there, the Torah forbade her to him. But here, he forbids to him! Rebbi Jeremiah asked: If he said to her, you are permitted to any man except Mr. X; she went and married the latter’s brother who died childless, how can the latter permit what the first forbade? His words imply that death and divorce permit what the first [husband] prohibited. Rebbi Jeremiah said, he said only death and divorce; therefore, not marriage.

After Rebbi Eliezer’s death, four Elders assembled to object to Rebbi Eliezer’s words: Rebbi Eleazar ben Azariah, Rebbi Yose the Galilean, Rebbi Tarphon, and Rebbi Aqiba. Rebbi Joshua told them, one does not contradict the lion after his death. Rebbi Tarphon objected: If he said to her, you are permitted to any man except Mr. X; she went and married [the latter’s brother who] died childless; how can she contract the levirate marriage? Does it not turn out that he stipulated against what is written in the Torah, and anybody’s condition contradicting what is written in the Torah is invalid. Then nobody should be permitted to marry his brother’s daughter, lest he come to stipulate against what is written in the Torah. Rebbi Yose ben Rebbi Abun said, one understands the reason. There, the Torah forbade her to him. But here, he forbids to him! Rebbi Ḥananiah objected in the name of Rebbi Phineas: Should one not state “sixteen women” following Rebbi Eliezer? Rebbi Mana said, the reason was already explained: there, the Torah forbade her to him. But here, he forbids to him! Rebbi Jeremiah asked: If he said to her, you are permitted to any man except Mr. X; she went and married the latter’s brother who died childless, how can the latter permit what the first forbade? His words imply that death and divorce permit what the first [husband] prohibited. Rebbi Jeremiah said, he said only death and divorce; therefore, not marriage.

Rebbi Yose the Galilean said: Do we find in the Torah that what is forbidden to one is permitted to the other and what is permitted to one is forbidden for the other? Forbidden to one she is forbidden to everybody;permitted to one is permitted to everybody. Rebbi Aqiba objected: If the one to whom she was prohibited was a Cohen and the divorcer died, would she not be considered a widow for him but a divorcee for all his clan of Cohanim? Where was the Torah more restrictive, for a divorcee or for a widow? The Torah was more restrictive for a divorcee than for a widow. But since a divorcee, where one is more restrictive in all aspects, does not become forbidden with respect to what was permitted by her divorce, would it be logical that the widow should be forbidden from what was permitted her from her aspect of married woman? Even him did the divorce touch. Since both a widow and a divorcee were forbidden even if her aspect of married woman was permitted, with restrictive divorce certainly she should be forbidden even in the aspect that was permitted by her divorce.

Rebbi Mana said: He has to be careful not to say “וְדִין”. Rebbi Mana asked: “You are on your own”? Rebbi Yose ben Rebbi Abun said, one must say: “You are a free person, you are on your own.” The Mishnah said so: “You are a free person, you are on your own.”

It was stated: [A claim based on] any of these three types of documents can be collected only from unincumbered property, not from mortgaged property. Rebbi Abba said, that means, if the document in the hand of the lender has not been confirmed. [But if the document in the hand of the lender has been confirmed, he may collect. Rebbi Yose asked: If the document in the hand of the lender has not been confirmed,] he should not be able to collect even from unincumbered property! But one must deal with a document confirmed in the hand of the lender. And why can he not collect? Rebbi Bisna said, because of action in partnership. Rebbi Abina said, because it is invalid And here, because it is invalid. Rebbi Abin asked, so far, if the old man took the loan [and the old man mortgaged. But if the old man took the loan and the son mortgaged,] can you say because of a conspiracy? No, because it is invalid. Rebbi Abun asked, was it not stated: The same holds for bills of divorce? Can you say there, because of action in partnership? No, because it is invalid. And here, because it is invalid.

Rebbi Abba bar Hamnuna, Rav Ada bar Aḥa in the name of Rav: This is Rebbi Meїr’s. Why did you have to say this? Rebbi Mana said, since Rav Huna said in the name of Rav: “This entire Chapter is Rebbi Meїr’s except for ‘if he changed his or her name or the name of his or her city.’ ” You should not come to say that the first is Rebbi Meїr’s, the second the rabbis’. Therefore it is necessary to say that this is Rebbi Meїr’s. Rebbi Yose said, since Rav and Samuel both say that practice follows Rebbi Eleazar, that you should not be led to say the same here. Therefore it is necessary to say that this is Rebbi Meїr’s.

HALAKHAH: “If two men sent two identical bills of divorce,” etc. Rebbi Eleazar ben Rebbi Yose asked before Rebbi Yose: Just as you say that a bill of divorce after a bill of divorce is invalid in the case of two wives, similarly two bills of divorce should be invalid for two women. He answered, that is correct. He said to him, but did we not state: “If two men sent two identical bills of divorce and they became mixed up, one delivers both to both women”? There, each of the bills was written in the name of the respective wife; the mix-up caused the problem. But here, neither one was written as divorce in her name; when it was delivered, could it be considered as divorce in her name from the start?

HALAKHAH: “If two men sent two identical bills of divorce,” etc. Rebbi Eleazar ben Rebbi Yose asked before Rebbi Yose: Just as you say that a bill of divorce after a bill of divorce is invalid in the case of two wives, similarly two bills of divorce should be invalid for two women. He answered, that is correct. He said to him, but did we not state: “If two men sent two identical bills of divorce and they became mixed up, one delivers both to both women”? There, each of the bills was written in the name of the respective wife; the mix-up caused the problem. But here, neither one was written as divorce in her name; when it was delivered, could it be considered as divorce in her name from the start?

HALAKHAH: “Five who wrote collectively a bill of divorce,” etc. Rebbi Joḥanan said in the name of Rebbi Yannai: “And I am greeting X,” one can assume that he signed regarding everything; “I am greeting X,” he signed only for the greeting. Rebbi Simeon ben Laqish said, even if he said “I am greeting X,” one can assume that he signed regarding everything. What means “collectively” for Rebbi Joḥanan? X divorces Y and Z U. What means “collectively” for Rebbi Simeon ben Laqish? We, X and Z, divorce our wives at place A. Rebbi Ze‘ira said, Rebbi Joḥanan agrees that if he mentions divorce for each one separately he needs a text and witnesses for each one separately. The strength of Rebbi Joḥanan is from the following: “ ‘That I shall not benefit, a qorbān for this one or that one’; each single one needs a separate opening.” Rebbi Yose said, the Mishnah supports Rebbi Joḥanan: “If he wrote a separate text for each of them and the witnesses signed at the end, [only] the one with which the witnesses are read is valid.” Samuel said, the detailed statement for Rebbi Meїr is the general statement for Rebbi Jehudah and the detailed statement for Rebbi Jehudah is the general statement for Rebbi Meїr. [Rebbi] Samuel said in the name of Rebbi Ze‘ira, the words of the rabbis show that the detailed statement for Rebbi Meїr is not the general statement for Rebbi Jehudah and the detailed statement for Rebbi Jehudah is not the general statement for Rebbi Meїr, since Rebbi Joḥanan said in the name of Rebbi Yannai: “and I am greeting X,” one can assume that he signed regarding everything; “I am greeting X,” he signed only for the greeting. If you would say that the detailed statement for Rebbi Meїr is the general statement for Rebbi Jehudah, even if he said “and I am greeting X,” can one assume that he signed regarding everything? How is this? Rebbi Yose said, a Mishnah implies that the detailed statement for Rebbi Jehudah is not the general statement for Rebbi Meїr, as we have stated there: “Rebbi Meїr says, even ‘wheat, and barley, and spelt’ makes him guilty for each one separately”, but nobody says “even” unless he refers to an earlier statement. How is this? Rebbi Ḥanina said, in Rebbi Meїr’s opinion, [whether] he said “wheat, and barley, and spelt”, [or “wheat, barley, spelt] is a general statement and particulars. [In Rebbi Jehudah’s opinion,] if he said, “wheat grains, barley grains, and spelt grains”, it is a general statement without particulars.

HALAKHAH: “Five who wrote collectively a bill of divorce,” etc. Rebbi Joḥanan said in the name of Rebbi Yannai: “And I am greeting X,” one can assume that he signed regarding everything; “I am greeting X,” he signed only for the greeting. Rebbi Simeon ben Laqish said, even if he said “I am greeting X,” one can assume that he signed regarding everything. What means “collectively” for Rebbi Joḥanan? X divorces Y and Z U. What means “collectively” for Rebbi Simeon ben Laqish? We, X and Z, divorce our wives at place A. Rebbi Ze‘ira said, Rebbi Joḥanan agrees that if he mentions divorce for each one separately he needs a text and witnesses for each one separately. The strength of Rebbi Joḥanan is from the following: “ ‘That I shall not benefit, a qorbān for this one or that one’; each single one needs a separate opening.” Rebbi Yose said, the Mishnah supports Rebbi Joḥanan: “If he wrote a separate text for each of them and the witnesses signed at the end, [only] the one with which the witnesses are read is valid.” Samuel said, the detailed statement for Rebbi Meїr is the general statement for Rebbi Jehudah and the detailed statement for Rebbi Jehudah is the general statement for Rebbi Meїr. [Rebbi] Samuel said in the name of Rebbi Ze‘ira, the words of the rabbis show that the detailed statement for Rebbi Meїr is not the general statement for Rebbi Jehudah and the detailed statement for Rebbi Jehudah is not the general statement for Rebbi Meїr, since Rebbi Joḥanan said in the name of Rebbi Yannai: “and I am greeting X,” one can assume that he signed regarding everything; “I am greeting X,” he signed only for the greeting. If you would say that the detailed statement for Rebbi Meїr is the general statement for Rebbi Jehudah, even if he said “and I am greeting X,” can one assume that he signed regarding everything? How is this? Rebbi Yose said, a Mishnah implies that the detailed statement for Rebbi Jehudah is not the general statement for Rebbi Meїr, as we have stated there: “Rebbi Meїr says, even ‘wheat, and barley, and spelt’ makes him guilty for each one separately”, but nobody says “even” unless he refers to an earlier statement. How is this? Rebbi Ḥanina said, in Rebbi Meїr’s opinion, [whether] he said “wheat, and barley, and spelt”, [or “wheat, barley, spelt] is a general statement and particulars. [In Rebbi Jehudah’s opinion,] if he said, “wheat grains, barley grains, and spelt grains”, it is a general statement without particulars.

HALAKHAH: “If he wrote two bills of divorce side by side,” etc. “It is invalid if the witnesses are separated from the text by the width of two lines; less than that it is valid”. Simeon bar Abba in the name of Rebbi Joḥanan: An empty space of two lines in a text about one subject makes invalid in any case. Rebbi Samuel bar Rav Isaac said: The Mishnah says so: “One Hebrew- and one Greek-writing witness are under each of them, reaching from one column to the other, are all invalid.” Is not Hebrew combined with Greek one item? Rebbi Mana said, if he started at the end of the second line and ended at the fourth line, it is valid. “How far from the text should the witnesses sign? That they can be read with it, the words of Rebbi. Rebbi Simeon ben Eleazar says, one full line. Rebbi Dositheos ben Yannai says, the width of the witnesses’ handwriting.” What kind of writing does one use to estimate? Rebbi Yasa ben Rebbi Sabbatai says, the width of the witnesses’ handwriting. Rebbi Abbahu in the name of Rebbi Isaac ben Ḥaqula: Corresponding to לך ולך. Rebbi Jeremiah asked before Rebbi Ze‘ira: Does the signature of Yose ben Yannai have equal weight with the signature of Shaul ben Barukh? He said to him: For that it is needed, that the signature of Yose ben Yannai has equal weight with the signature of Shaul ben Barukh.

HALAKHAH: “If he wrote two bills of divorce side by side,” etc. “It is invalid if the witnesses are separated from the text by the width of two lines; less than that it is valid”. Simeon bar Abba in the name of Rebbi Joḥanan: An empty space of two lines in a text about one subject makes invalid in any case. Rebbi Samuel bar Rav Isaac said: The Mishnah says so: “One Hebrew- and one Greek-writing witness are under each of them, reaching from one column to the other, are all invalid.” Is not Hebrew combined with Greek one item? Rebbi Mana said, if he started at the end of the second line and ended at the fourth line, it is valid. “How far from the text should the witnesses sign? That they can be read with it, the words of Rebbi. Rebbi Simeon ben Eleazar says, one full line. Rebbi Dositheos ben Yannai says, the width of the witnesses’ handwriting.” What kind of writing does one use to estimate? Rebbi Yasa ben Rebbi Sabbatai says, the width of the witnesses’ handwriting. Rebbi Abbahu in the name of Rebbi Isaac ben Ḥaqula: Corresponding to לך ולך. Rebbi Jeremiah asked before Rebbi Ze‘ira: Does the signature of Yose ben Yannai have equal weight with the signature of Shaul ben Barukh? He said to him: For that it is needed, that the signature of Yose ben Yannai has equal weight with the signature of Shaul ben Barukh.

A document which has an erasure or insertion in its main part is invalid; in the routine matter it is valid; but if it was mentioned later it is valid even in the main part. Rebbi Jonah and Rebbi Yose both say, one has to mention it at least in the second line before the end of the text. Rebbi Ze‘ira in the name of Rav: One has to mention the essence of the document with it. Rebbi Abba in the name of Rav: If one did not mention the essence of the document with it. The argument of Rebbi Abba seems inverted. There, Rebbi Ba said in the name of Rav Jeremiah: Disqualified witnesses do not constitute remote testimony since they came only to support the document’s validity. And here, he says so? There, in the name of Rebbi Jeremiah, here in the name of Rav.

HALAKHAH: “If some of the text remained,” etc. What does “remained” mean? Rebbi Yose ben Rebbi Baibon said, e. g., “true, valid, and clear.”

Rav said: Judges may sign even if they cannot read, but no witnesses may sign unless they know how to read. He said, such should come over me if I ever acted thus. Rebbi Ḥaggai said before Rebbi Yose: Did no Greek document come before Rav that he could confirm it by its signatures? The Mishnah disagrees with Rav: “A bill of divorce written in Hebrew with its witnesses signing in Greek, written in Greek with its witnesses signing in Hebrew, or one witness signing in Hebrew and one in Greek, is valid.” He explains that they knew how to read but not how to sign; or if they knew both [languages], they could sign in either one of their choice.

Rebbi Eleazar said, it is everybody’s opinion. Rebbi Joḥanan said, it is Rebbi Jehudah’s. Rebbi Yose said, you should not infer that the opinion of Rebbi Joḥanan is that he differs, but he answered him following his argument. Lengthwise. That is what he said in the name of Rebbi Ze‘ira: Since pairing is infrequent, there was no pairing. So is the Mishnah: “If the scribe wrote with one witness, is it valid. “X” is valid. “The son of Y” is valid. “X the son of Y” but he did not write “witness”, is valid. If he wrote his or her surname, it is invalid. Rebbi Abbahu in the name of Rebbi Joḥanan, even if he wrote “he is it”, it is valid. Rebbi Abbahu wrote א. Rav Ḥisda wrote ס. Samuel wrote a palm branch.

Rav Jeremiah in the name of Rav: Jews who forced in the manner of Gentiles make invalid, even if he says, I shall not feed nor provide. Rebbi Ḥiyya stated: Gentiles who forced in the manner of Jews are valid, even if he says, I shall not feed nor provide. Rebbi Yose said, the Mishnah says this: “Gentiles may tell him, whip him, and tell him, do what the Jews tell you to do.” Rav Ḥiyya bar Ashi in the name of Issy: If somebody says: “I shall not feed nor provide”, one forces him to divorce. Rebbi Jeremiah asked before Rebbi Abbahu: Does one force? He said to him, do you still have doubts? If one forces because of a foul smell, so much more because of sustenance! Rebbi Ḥizqiah, Rebbi Jacob bar Aḥa, Rebbi Yasa came in the name of Rebbi Joḥanan: If somebody says: “I shall not feed and I shall not provide”, one tells him: Either feed and provide, or divorce.

Rebbi Yose asked: What is the legal status of “touching” a male? What is the legal status of “touching” an animal? Were not all incest prohibitions inferred from the menstruating woman? The male is included; the animal is included. So far, for Israel. For Gentiles? Rebbi Mana said, not from this: “He shall cling to his wife”? Not in any way to somebody else’s wife, not in any way to a male or an animal.

If he wrote it on material forbidden for usufruct? Rebbi Ḥanin stated: A case came before Rebbi who said, she is divorced. Rebbi Eleazar said, she is not divorced. Rebbi Ze‘ira said, the rabbis disagree: For him who said, she is not preliminary married, she is not divorced. For him who said, she is preliminary married, she is divorced. The colleagues say, for restrictions. Rebbi Yose asked, what means “for restrictions”? She is not preliminarily married but divorced, is this “for restrictions”? Or she is not divorced but preliminarily married, is this “for restrictions”? What about it? The rabbis of Caesarea in the name of Rebbi Jacob bar Aḥa: He who says that she is divorced, involving material forbidden for usufruct by their words. But he who says that she is not divorced, involving material forbidden for usufruct by words of the Torah. Therefore, by material forbidden for usufruct by their words she is preliminarily married. If you say so, does this not disagree with Rav? For Rav said, the words of Rebbi Meïr: A person who uses leavened material for preliminary marriage after noontime did not do anything. Is leavened material of any use after noontime? There, he used the material for preliminary marriage, but here he effected the preliminary marriage by the [written] conditions. But then she should be preliminarily married even with material forbidden for usufruct by the Torah! What is the difference between this and a document not worth a peruṭah? There, it cannot be used as filler. But here, it can be used as filler.

“Even though the House of Shammai and the House of Hillel disagreed about co-wives, and sisters, and an old bill of divorce, and a woman doubtfully married, and someone who gives qiddushin in the value of a peruṭa, and someone who divorces his wife and spends the night with her in a hostelry, and a woman who receives qiddushin for at least a denar or the value of a denar, the House of Shammai did not refrain from marrying women from the House of Hillel or the House of Hillel from the House of Shammai but they behave truthfully and in peace, as it is said: ‘Love truth and peace.’ ” Bastardy is between them and you say so? How is that? If a first man gives her qiddushin for a peruṭa and a second [gives her afterwards)] for a denar, in the opinion of the House of Shammai she is betrothed to the second and her child by the first is a bastard. In the opinion of the House of Hillel she is betrothed to the first and her child by the second is a bastard. Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: The House of Shammai concede to the House of Hillel as a restriction. In that case, the House of Shammai should marry women from the House of Hillel since they concede to them. But the House of Hillel should not marry women from the House of Shammai since they do not concede to them. Rebbi Joḥanan in the name of Rebbi Yannai: They all followed the same practice. If they followed the same practice, in this case we stated: “The House of Shammai sent and diminished it, since the House of Shammai say unless most of it is missing?” Rebbi Yose ben Rebbi Abun said, the House of Shammai acted before the question came before the House of Hillel. After a question came before the House of Hillel, the House of Shammai were not touching it. Rebbi Abba Mari said, that is correct. Did we not state: “They declared impure all purities from before”, but not in the future. Rebbi Yose ben Rebbi Abun said, Rav and Samuel disagreed. One said both acted according to valid practice; the other said, each party followed their own practice. Bastardy is between them and you say so? The Omnipresent watched and no case ever happened.

“Even though the House of Shammai and the House of Hillel disagreed about co-wives, and sisters, and an old bill of divorce, and a woman doubtfully married, and someone who gives qiddushin in the value of a peruṭa, and someone who divorces his wife and spends the night with her in a hostelry, and a woman who receives qiddushin for at least a denar or the value of a denar, the House of Shammai did not refrain from marrying women from the House of Hillel or the House of Hillel from the House of Shammai but they behave truthfully and in peace, as it is said: ‘Love truth and peace.’ ” Bastardy is between them and you say so? How is that? If a first man gives her qiddushin for a peruṭa and a second [gives her afterwards)] for a denar, in the opinion of the House of Shammai she is betrothed to the second and her child by the first is a bastard. In the opinion of the House of Hillel she is betrothed to the first and her child by the second is a bastard. Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: The House of Shammai concede to the House of Hillel as a restriction. In that case, the House of Shammai should marry women from the House of Hillel since they concede to them. But the House of Hillel should not marry women from the House of Shammai since they do not concede to them. Rebbi Joḥanan in the name of Rebbi Yannai: They all followed the same practice. If they followed the same practice, in this case we stated: “The House of Shammai sent and diminished it, since the House of Shammai say unless most of it is missing?” Rebbi Yose ben Rebbi Abun said, the House of Shammai acted before the question came before the House of Hillel. After a question came before the House of Hillel, the House of Shammai were not touching it. Rebbi Abba Mari said, that is correct. Did we not state: “They declared impure all purities from before”, but not in the future. Rebbi Yose ben Rebbi Abun said, Rav and Samuel disagreed. One said both acted according to valid practice; the other said, each party followed their own practice. Bastardy is between them and you say so? The Omnipresent watched and no case ever happened.

“She regains her autonomy by a bill of divorce,” as it is written: “He shall write her a bill of divorce.” “Or the husband’s death,” as it is written: “Or if the latter husband dies.” So far, if the latter one dies, [what about] the death of the former? Since the latter’s death releases her, even though his death does not cause a complete release, it is only logical that the former’s death should release her since his death will cause a complete release. Rebbi Ḥuna said, the verse implies that death releases, as it is written: “If brothers live together and one of them dies childless, etc.” Therefore, if he had a child, death releases. Rebbi Yose bar Abun said, if you would say that death does not release, how could we find a widow for a High priest, a divorcee or one who has received ḥalîṣah for a common priest? Rebbi Joḥanan bar Marius said, explain it for a sister-in-law.

Rebbi Samuel bar Rav Isaac asked: How can a ḥăruphah slave girl acquire her autonomy in such a way that she would be freed from flogging, and [free] the one who had intercourse with her from a reparation sacrifice? It is obvious that she cannot leave by a bill of divorce since Rebbi Ḥiyya said in Rebbi Joḥanan’s name: If a person who is half slave and half free entered a preliminary marriage, one does not consider his marriage. In parallel, if he divorced one does not consider his divorce. It is obvious that she can leave by a bill of divorce at least since (Rebbi Ḥiyya said in Rebbi Joḥanan’s name: If a person who is half slave and half free entered a preliminary marriage, one does not consider his marriage. In parallel, if he divorced one does not consider his divorce. It is obvious that she can leave by a bill of divorce at least). Rebbi Yose said in Rebbi Joḥanan’s name: Aquila the proselyte translated before Rebbi Aqiba “and she is a slave girl נֶחֱרֶפֶת to a man”, by “one who was pounded before a man”, as you say, “she spread morsels on it.” Rebbi Ḥiyya said in Rebbi Joḥanan’s name: So Rebbi Eleazar ben Rebbi Simeon explained it before the Sages. “And she is a slave girl נֶחֱרֶפֶת to a man”, by “one who was pounded before a man”, as you say, “in morsels by a pestle.”

The order of sale is the following: I X sold my daughter to Y. The order of preliminary marriage is the following: I X gave my daughter to Y in preliminary marriage. Rebbi Ḥaggai asked before Rebbi Yose: If he switched and said, I Y acquired X’s daughter, I Y took X’s daughter in preliminary marriage? He said to him, what is the difference? But if he changed the language of sale to that of preliminary marriage or vice-versa, he did not do anything.

“If he be not redeemed by these.” Rebbi Yose the Galilean says, by these to freedom, by all others to servitude. Rebbi Aqiba says, by these to servitude, by all others to freedom. Rebbi Abbahu in the name of Rebbi Joḥanan: Both interpret the same verse: “Unless he be redeemed by these.” Rebbi Yose the Galilean interprets: “Unless he be redeemed by these” but by others he is made to serve before he leaves. Rebbi Aqiba interprets: “Unless he be redeemed by these”, by these he completes before he leaves. The words of the Sages? Rebbi Yasa in the name of Rebbi Joḥanan: In both cases to freedom. It was stated thus: “If his hand achieves,” his own hand. “Or he found for his redemption.” Since his own hand achieves for himself, what others achieve also is for himself.

“If he be not redeemed by these.” Rebbi Yose the Galilean says, by these to freedom, by all others to servitude. Rebbi Aqiba says, by these to servitude, by all others to freedom. Rebbi Abbahu in the name of Rebbi Joḥanan: Both interpret the same verse: “Unless he be redeemed by these.” Rebbi Yose the Galilean interprets: “Unless he be redeemed by these” but by others he is made to serve before he leaves. Rebbi Aqiba interprets: “Unless he be redeemed by these”, by these he completes before he leaves. The words of the Sages? Rebbi Yasa in the name of Rebbi Joḥanan: In both cases to freedom. It was stated thus: “If his hand achieves,” his own hand. “Or he found for his redemption.” Since his own hand achieves for himself, what others achieve also is for himself.

Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: Following him, who said “for servitude”, he makes up before he leaves. But was it not stated: After he redeemed him it is as if he were sold to him, he enslaves him before he leaves. Rebbi Abba Mari said, there is no “enslaves him before he leaves”, only “he makes up before he leaves.” If his relatives want to redeem him from the first [master’s], they redeem. If his relatives want to redeem him from the second [master’s], they cannot redeem. Rebbi Yose in the name of Rebbi Joḥanan: That follows him who said: “by these to freedom, by all others to servitude.”

Samuel bar Abba asked before Rebbi Yose: There it is written “he computes” and here it is written “he computes”. Here you compute months and years so he may leave, there you do not compute months and years so he may leave. He said to him, the difference is that the Torah compared him to the hireling. Since the latter computes months and years and leaves, so this one computes months and years and leaves.

“If he did not allot her, he must let her be redeemed.” This teaches that he cannot allot her for himself unless there is time for her handywork to be worth a peruṭah and that a peruṭah be left to be deducted, the words of Rebbi Yose ben Rebbi Jehudah. But the Sages say, he allots any time until sundown. Rebbi Ḥiyya bar Ada said, everybody agrees that for a Hebrew slave only if a peruṭah’s worth is left. Rebbi Yose ben Rebbi Jehudah says it correctly, what is the rabbis’ reason? There is no money left, there is no handiwork left? Rebbi Ze‘ira said, he allots her by speech.

“If he did not allot her, he must let her be redeemed.” This teaches that he cannot allot her for himself unless there is time for her handywork to be worth a peruṭah and that a peruṭah be left to be deducted, the words of Rebbi Yose ben Rebbi Jehudah. But the Sages say, he allots any time until sundown. Rebbi Ḥiyya bar Ada said, everybody agrees that for a Hebrew slave only if a peruṭah’s worth is left. Rebbi Yose ben Rebbi Jehudah says it correctly, what is the rabbis’ reason? There is no money left, there is no handiwork left? Rebbi Ze‘ira said, he allots her by speech.

Rebbi Hoshaia stated: How does he allot her? He tells her in front of two [witnesses]: “You are allotted to me.” In Rebbi Yose ben Rebbi Jehudah’s opinion, he gives her money for the allotment at the end. In the rabbis’ opinion, the money for allotment was given at the first hour. What is the difference between them? Her earning power. For him who says, he gives her money for the allotment at the end, her earning power belongs to her husband. For him who says, the money for allotment was given at the first hour, her earning power belongs to her father. Even for him who says, the money for allotment was given at the first hour, her earning power belongs to her husband. It is as if he said: “You are preliminarily married to me on condition that your earning power belong to me.”

Is Rebbi Yose ben Rebbi Jehudah of the opinion that the “allotment” discussed here is preliminary marriage by biblical standards? Rebbi Abun said, it turns out that Rebbi Yose ben Rebi Jehudah agrees with Rebbi Simeon ben Eleazar. As it was stated: By the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. Just as Rebbi Eleazar ben Rebbi Simeon equates loan and deposit, so Rebbi Yose ben Rebbi Jehudah equates “allotment” and loan.

Is Rebbi Yose ben Rebbi Jehudah of the opinion that the “allotment” discussed here is preliminary marriage by biblical standards? Rebbi Abun said, it turns out that Rebbi Yose ben Rebi Jehudah agrees with Rebbi Simeon ben Eleazar. As it was stated: By the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. Just as Rebbi Eleazar ben Rebbi Simeon equates loan and deposit, so Rebbi Yose ben Rebbi Jehudah equates “allotment” and loan.

Is Rebbi Yose ben Rebbi Jehudah of the opinion that the “allotment” discussed here is preliminary marriage by biblical standards? Rebbi Abun said, it turns out that Rebbi Yose ben Rebi Jehudah agrees with Rebbi Simeon ben Eleazar. As it was stated: By the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. Just as Rebbi Eleazar ben Rebbi Simeon equates loan and deposit, so Rebbi Yose ben Rebbi Jehudah equates “allotment” and loan.

“If he allots her to his son;” with [the girl’s] agreement. Rebbi Joḥanan said, there is no agreement here. Rebbi Jacob bar Aḥa said so, the statement follows Rebbi Yose ben Rebbi Jehudah. Rebbi Samuel bar Eudaimon said, even if you say the statement follows Rebbi Yose ben Rebbi Jehudah, is he not a minor? “If he allots her to his son;” with [the latter’s] agreement. Rebbi Joḥanan said, he allots her to his minor or adult son, with or without the latter’s agreement. Rebbi Simeon ben Laqish said, he allots her only to his adult son with the latter’s agreement.

“If he allots her to his son;” with [the girl’s] agreement. Rebbi Joḥanan said, there is no agreement here. Rebbi Jacob bar Aḥa said so, the statement follows Rebbi Yose ben Rebbi Jehudah. Rebbi Samuel bar Eudaimon said, even if you say the statement follows Rebbi Yose ben Rebbi Jehudah, is he not a minor? “If he allots her to his son;” with [the latter’s] agreement. Rebbi Joḥanan said, he allots her to his minor or adult son, with or without the latter’s agreement. Rebbi Simeon ben Laqish said, he allots her only to his adult son with the latter’s agreement.

“A male nine years and one day old makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest.” In the opinion of Rebbi Simeon ben Laqish who must explain this for a marriage, she should also be free from levirate or ḥalîṣah, as we have stated: “If he married a woman, that one is free from levirate or ḥalîṣah.” Rebbi Abin said, following Rebbi Simeon ben Laqish it comes following Rebbi Yose ben Rebbi Jehudah, as it was stated so: If a male nine years and one day old up to twelve years and one day old grew two pubic hairs, they are warts. Rebbi Yose ben Rebbi Jehudah said, they are indicators [of puberty]. Rebbi Jacob ben Rebbi Abun in the name of Rebbi Yose ben Ḥanina: Only if they were still there at the time of indicators.

“A male nine years and one day old makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest.” In the opinion of Rebbi Simeon ben Laqish who must explain this for a marriage, she should also be free from levirate or ḥalîṣah, as we have stated: “If he married a woman, that one is free from levirate or ḥalîṣah.” Rebbi Abin said, following Rebbi Simeon ben Laqish it comes following Rebbi Yose ben Rebbi Jehudah, as it was stated so: If a male nine years and one day old up to twelve years and one day old grew two pubic hairs, they are warts. Rebbi Yose ben Rebbi Jehudah said, they are indicators [of puberty]. Rebbi Jacob ben Rebbi Abun in the name of Rebbi Yose ben Ḥanina: Only if they were still there at the time of indicators.

“A male nine years and one day old makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest.” In the opinion of Rebbi Simeon ben Laqish who must explain this for a marriage, she should also be free from levirate or ḥalîṣah, as we have stated: “If he married a woman, that one is free from levirate or ḥalîṣah.” Rebbi Abin said, following Rebbi Simeon ben Laqish it comes following Rebbi Yose ben Rebbi Jehudah, as it was stated so: If a male nine years and one day old up to twelve years and one day old grew two pubic hairs, they are warts. Rebbi Yose ben Rebbi Jehudah said, they are indicators [of puberty]. Rebbi Jacob ben Rebbi Abun in the name of Rebbi Yose ben Ḥanina: Only if they were still there at the time of indicators.

Rebbi Yose asked: When they remained until the time of indicators, does he retroactively become a man or from that time onward? For Rebbi Abun it is obvious that he becomes a man retroactively, so certainly also for the future, for he explains the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah. Why does Rebbi Yose not explain the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah since he asked, when they remained until the time of indicators, does he retroactively become a man or from that time onward? Rebbi Mana said, because he had difficulty. Rebbi Yose asked before me: When they remained until the time of indicators, does he retroactively become a man or from that time onward? One understands the case of a widow. But a divorcee? Explain it if he copulated with her after he became an adult and divorced her. Ḥalîṣah? Explain it if he copulated with her, died, and the [adult] brothers performed ḥalîṣah; she had ḥalîṣah because of him. In that case, even if he was younger than nine [years]! Rebbi Samuel ben Eudaimon said, that is correct. But because in all cases one stated “nine”, one stated this with them.

Rebbi Yose asked: When they remained until the time of indicators, does he retroactively become a man or from that time onward? For Rebbi Abun it is obvious that he becomes a man retroactively, so certainly also for the future, for he explains the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah. Why does Rebbi Yose not explain the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah since he asked, when they remained until the time of indicators, does he retroactively become a man or from that time onward? Rebbi Mana said, because he had difficulty. Rebbi Yose asked before me: When they remained until the time of indicators, does he retroactively become a man or from that time onward? One understands the case of a widow. But a divorcee? Explain it if he copulated with her after he became an adult and divorced her. Ḥalîṣah? Explain it if he copulated with her, died, and the [adult] brothers performed ḥalîṣah; she had ḥalîṣah because of him. In that case, even if he was younger than nine [years]! Rebbi Samuel ben Eudaimon said, that is correct. But because in all cases one stated “nine”, one stated this with them.

Rebbi Yose asked: When they remained until the time of indicators, does he retroactively become a man or from that time onward? For Rebbi Abun it is obvious that he becomes a man retroactively, so certainly also for the future, for he explains the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah. Why does Rebbi Yose not explain the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah since he asked, when they remained until the time of indicators, does he retroactively become a man or from that time onward? Rebbi Mana said, because he had difficulty. Rebbi Yose asked before me: When they remained until the time of indicators, does he retroactively become a man or from that time onward? One understands the case of a widow. But a divorcee? Explain it if he copulated with her after he became an adult and divorced her. Ḥalîṣah? Explain it if he copulated with her, died, and the [adult] brothers performed ḥalîṣah; she had ḥalîṣah because of him. In that case, even if he was younger than nine [years]! Rebbi Samuel ben Eudaimon said, that is correct. But because in all cases one stated “nine”, one stated this with them.

Rebbi Yose asked: When they remained until the time of indicators, does he retroactively become a man or from that time onward? For Rebbi Abun it is obvious that he becomes a man retroactively, so certainly also for the future, for he explains the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah. Why does Rebbi Yose not explain the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah since he asked, when they remained until the time of indicators, does he retroactively become a man or from that time onward? Rebbi Mana said, because he had difficulty. Rebbi Yose asked before me: When they remained until the time of indicators, does he retroactively become a man or from that time onward? One understands the case of a widow. But a divorcee? Explain it if he copulated with her after he became an adult and divorced her. Ḥalîṣah? Explain it if he copulated with her, died, and the [adult] brothers performed ḥalîṣah; she had ḥalîṣah because of him. In that case, even if he was younger than nine [years]! Rebbi Samuel ben Eudaimon said, that is correct. But because in all cases one stated “nine”, one stated this with them.

Rebbi Yose asked: When they remained until the time of indicators, does he retroactively become a man or from that time onward? For Rebbi Abun it is obvious that he becomes a man retroactively, so certainly also for the future, for he explains the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah. Why does Rebbi Yose not explain the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah since he asked, when they remained until the time of indicators, does he retroactively become a man or from that time onward? Rebbi Mana said, because he had difficulty. Rebbi Yose asked before me: When they remained until the time of indicators, does he retroactively become a man or from that time onward? One understands the case of a widow. But a divorcee? Explain it if he copulated with her after he became an adult and divorced her. Ḥalîṣah? Explain it if he copulated with her, died, and the [adult] brothers performed ḥalîṣah; she had ḥalîṣah because of him. In that case, even if he was younger than nine [years]! Rebbi Samuel ben Eudaimon said, that is correct. But because in all cases one stated “nine”, one stated this with them.

Rebbi Jehudah ben Pazi in the name of Rebbi Joshua ben Levi: Rebbi Yose ben Jehudah learned from Aḥaz, as it was stated: Aḥaz produced a child at age nine, Haran at age six, and Caleb at age ten following him who identifies Caleb ben Ḥeṣron with Caleb ben Yephuneh.

If he sold her to one and gave her in preliminary marriage to another, the father played with the master, the words of Rebbi Yose ben Rebbi Jehudah; but the Sages say that the father did not play with the master. It is as if somebody said to a woman, “you are preliminarily married to me after 30 days,” since if somebody said to a woman, “you are preliminarily married to me after 30 days,” and another came and married her preliminarily (after) 30 days, is she not preliminarily married to the second man? “From now after 30 days.” Since if somebody said to a woman, “you are preliminarily married to me from now after 30 days,” and another came and married her preliminarily within the 30 days, is she not preliminarily married to both of them? From then when he wants. Everybody agrees that if he definitively married her off, the father played with the master.

“As a slave girl.” Only as a slave girl: this teaches that he may sell her on condition that he not have the right of allotment over her, the words of Rebbi Meïr. But the Sages say, he did not do anything, for he stipulated against what is written in the Torah, “and the stipulation of anybody who stipulates against what is written in the Torah is invalid.” But does Rebbi Meïr not agree that “the stipulation of anybody who stipulates against what is written in the Torah is invalid”? He accepts it if it is impossible to keep the stipulation in the end, but here it is possible to keep the stipulation in the end. Do the rabbis not agree about a stipulation which it is possible to keep in the end? They agree to it in money matters, but this is a personal matter. But did we not state: A person may marry a woman and stipulate with her that she have no claim on him for food, clothing, or marital relations? One understands food and clothing. But are marital relations not a personal matter? Rebbi Ḥiyya bar Ada said, explain it for an underage girl. How can that Tanna explain “as a slave girl”? He may sell her as a widow to the High Priest, as a divorcee or one who received ḥălîṣah to a common priest. How can that Tanna explain “as a servant”? Rebbi Yose ben Rebbi Abun said, explain it by a widow from preliminary marriage. But was it not stated: A person may sell his daugher into marriage and repeat, into servitude and repeat, into marriage after servitude, but not into servitude after marriage? Rebbi Joḥanan said, these are different Tannaïm. He who states “a widow to the High Priest” agrees to servitude after marriage; he who does not state “a widow to the High Priest” does not agree to servitude after marriage. How does the latter Tanna explain “as a servant”? Rebbi Mattaniah said, explain it if [the master] was married to her sister.

Following Rebbi Ismael? Rebbi Ismael stated: At three places teaching circumvents Scripture and at another place the interpretation.The Torah said, “in a scroll”, but practice said on anything separated from the ground. The Torah said, “in dust”, but practice said in anything on which plants grow. The Torah said, “with an awl”, but practice said, even a buck-thorn, even a thorn, even glass. And at one place the interpretation: Rebbi Ismael stated: “It shall be on the seventh day that he shave all his hair,” inclusion. “His head, his beard, and his eyebrows,” detail. Since it continues “and all his hair he shall shave,” it repeats inclusion. Inclusion, detail, and inclusion is judged only by what is similar to the detail. Since the detail is explained as place of bunching and exposed, it should refer only [hair growing] in bunches at exposed places. But practice is that he shaves to be like a gourd. “With an awl”, since an awl is made of metal, so anything made of metal. Rebbi Yose said, this is a large drill. Rebbi Yose ben Rebbi Jehudah says, that is the engraving-knife. “He shall bring him to the door.” I could think, even if it was lying flat. The verse says, “or to the door-post”. Since the door-post is upright, so also the door has to be upright: a shame to him and to his family.

Following Rebbi Ismael? Rebbi Ismael stated: At three places teaching circumvents Scripture and at another place the interpretation.The Torah said, “in a scroll”, but practice said on anything separated from the ground. The Torah said, “in dust”, but practice said in anything on which plants grow. The Torah said, “with an awl”, but practice said, even a buck-thorn, even a thorn, even glass. And at one place the interpretation: Rebbi Ismael stated: “It shall be on the seventh day that he shave all his hair,” inclusion. “His head, his beard, and his eyebrows,” detail. Since it continues “and all his hair he shall shave,” it repeats inclusion. Inclusion, detail, and inclusion is judged only by what is similar to the detail. Since the detail is explained as place of bunching and exposed, it should refer only [hair growing] in bunches at exposed places. But practice is that he shaves to be like a gourd. “With an awl”, since an awl is made of metal, so anything made of metal. Rebbi Yose said, this is a large drill. Rebbi Yose ben Rebbi Jehudah says, that is the engraving-knife. “He shall bring him to the door.” I could think, even if it was lying flat. The verse says, “or to the door-post”. Since the door-post is upright, so also the door has to be upright: a shame to him and to his family.

A Mishnah says that slaves follow the rules of real estate. A baraita states, the rules of movables. A baraita states, neither the rules of realestate nor the rules of movables. A Mishnah says that slaves follow the rules of real estate, as we have stated there: “Possession of houses, cisterns, ditches, and caves, bath houses, and dovecots, olive presses, and irrigated fields, and slaves.” A baraita states, slaves do not follow the rules of movables. As it is stated: What is possession of a slave? He tied his shoe for him, or untied his shoe, carried his things to the bath. Rebbi Simeon says, if he lifted him, that is possession. If he lifted his master, there is no stronger possession than this. A statement of the rabbis says that slaves follow the rules of movables. For Rebbi Yose said in the name of rabbis, there is no lien for a gift; one does not collect from slaves as from real estate. Rebbi Mana asked Rebbi Shammai, who are those rabbis? He told him, Rebbi Isaac and Rebbi Immi. A widow took a slave girl. The case came before Rebbi Isaac who said, what she took, she took. Rebbi Immi took her away, for she thought that she was hers but she was not hers. Not of real estate, as it was stated: Real estate and slaves; he took possession of the real estate. If you say that slaves follow the rules of real estate, when he took possession of the real estate he would have taken possession of the slaves, since Rebbi Yasa said in the name of Rebbi Joḥanan: If he had two fields, one in Judea and one in Galilee. If he took possession of the one in Judea with intention to take possession also of that in Galilee, or of the one in Galilee with intention to take possession also of that in Judea, he acquired. Not of movables. If you say that slaves follow the rules of movables, when he took possession of the movables he would have taken possessionof the slaves, since we did state there: “For property that is not guaranteed will cause guaranteed properties to be objects of swearing about them.”

“For my slave girl X I want a document that she should not be enslaved.” Rebbi Eleazar and Rebbi Simeon ben Yaqim brought a case before Rebbi Joḥanan. He said, he has no power to enslave. What are her children? Slaves. What did he retain for her? Her earnings. Rebbi Abba and Rebbi Yose both said, this follows Rebbi who said that a person frees half of his slave. If he wrote all his possessions jointly to two of his slaves, both are free and both have to free one another. Rav Jehudah in the name of Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan: This follows Rebbi who said that a person frees half of his slave. Rebbi Ze‘ira said to Rebbi Abba: Does this not imply that one slave accepts from his master for another one? He answered, what do you think? Since they acquired the properties they went free? No, simultaneously slaves and properties went free.

“You are free but your child will be a slave,” her child is like her, the words of Rebbi Yose the Galilean. But the Sages say, he did not do anything. Rebbi Eleazar said, so did Rebbi Hoshaia, the father of the Mishnah, explain: Both are free. Rebbi Immi in the name of Rebbi Joḥanan: Both are slaves. According to Rebbi Joḥanan, it is understandable; there is a disagreement. What is the disagreement following Rebbi Eleazar? But it must be so: His words stand, the words of Rebbi Yose the Galilean. But the Sages say, he did not do anything. What means “he did not do anything”? Rebbi Eleazar said, so did Rebbi Hoshaia, the father of the Mishnah, explain: Both are free. Rebbi Immi in the name of Rebbi Joḥanan: Both are slaves. Following Rebbi, since Rebbi said that a person can free half of his slave.

“You are free but your child will be a slave,” her child is like her, the words of Rebbi Yose the Galilean. But the Sages say, he did not do anything. Rebbi Eleazar said, so did Rebbi Hoshaia, the father of the Mishnah, explain: Both are free. Rebbi Immi in the name of Rebbi Joḥanan: Both are slaves. According to Rebbi Joḥanan, it is understandable; there is a disagreement. What is the disagreement following Rebbi Eleazar? But it must be so: His words stand, the words of Rebbi Yose the Galilean. But the Sages say, he did not do anything. What means “he did not do anything”? Rebbi Eleazar said, so did Rebbi Hoshaia, the father of the Mishnah, explain: Both are free. Rebbi Immi in the name of Rebbi Joḥanan: Both are slaves. Following Rebbi, since Rebbi said that a person can free half of his slave.

HALAKHAH: “Large animals are taken possession of by handing over,” etc. Rebbi Huna said, the halter gives possession only for property of the proselyte. Rav Ḥizqiah, Rebbi Abba: Rebbi Eleazar asked, if there were ten camels tied one to another and he handed him the halter of one of them. Did he take possession of all of them or only of the one of which he handed him [the halter]? Rav Ḥisda said: “Draw this animal to take possession of it, he took possession. To take possession of its offspring, he did not take possession. To take possession of it together with its offspring, he took possession.” If somebody said to another person, draw this animal close to take possession of its load, would he not take possession? Rebbi Yose said, that is, if the animal was not pregnant. But if it was pregnant, they considered it as if carrying a load.

Rebbi Abba, Rav Huna in the name of Rav: One who handles a wine-skin and it splits in his hand is not responsible for it. Rebbi Yose ben Rebbi Abun, it is necessary even if he takes it in the store when he had no other intention than that no other person should take it. Can he take possession at a minimal rate? Rebbi Ḥaggai said in the name of Rebbi Yose: A Mishnah says that it cannot become his possession at a minimal rate, as we have stated there: “If somebody sells his wine to a Non-Jew. If he fixed the price before he measured, the proceeds are permitted; if he measured before he fixed the price, the proceeds are forbidden.” If you say that it can come into his possession at a minimal rate, even if he measured before he fixed the price, it should be as if he fixed the price before he measured and the proceeds would be permitted.

Rebbi Abba, Rav Huna in the name of Rav: One who handles a wine-skin and it splits in his hand is not responsible for it. Rebbi Yose ben Rebbi Abun, it is necessary even if he takes it in the store when he had no other intention than that no other person should take it. Can he take possession at a minimal rate? Rebbi Ḥaggai said in the name of Rebbi Yose: A Mishnah says that it cannot become his possession at a minimal rate, as we have stated there: “If somebody sells his wine to a Non-Jew. If he fixed the price before he measured, the proceeds are permitted; if he measured before he fixed the price, the proceeds are forbidden.” If you say that it can come into his possession at a minimal rate, even if he measured before he fixed the price, it should be as if he fixed the price before he measured and the proceeds would be permitted.

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

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

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

Then they changed it to clipping. What is clipping? If a man sold his inherited field, his relatives brought amphoras, filled them with roasted kernels and nuts and broke them before children. The children were collecting them and saying, X was clipped from his inheritance. When he brought it back, they were doing the same and saying, X returned to his inheritance. Rebbi Yose ben Rebbi Abun said, also if a man married an unsuitable woman, his relatives brought amphoras, filled them with roasted kernels and nuts and broke them before children. The children were collecting them and saying, X was clipped from his family. When he divorced her, they were doing the same and saying, X returned to his family.

By document. Rebbi Jeremiah thought to say, by a contract without obligating money, but with a contract obligating money he did not acquire until he paid. Rebbi Jonah and Rebbi Yose both said, he acquired even if he did not pay. A baraita supports Rebbi Jonah and Rebbi Yose: “If he sold him ten fields together, when he took possession of one of them, he took possession of all of them. But if he only paid the amount for one or wrote the deed only for one of them he acquired only the one which was sold to him.” Does there exist a deed without money? If you say, we hold that he paid for all of them, did it not say: “the amount of one”? It must be one or the other.

By document. Rebbi Jeremiah thought to say, by a contract without obligating money, but with a contract obligating money he did not acquire until he paid. Rebbi Jonah and Rebbi Yose both said, he acquired even if he did not pay. A baraita supports Rebbi Jonah and Rebbi Yose: “If he sold him ten fields together, when he took possession of one of them, he took possession of all of them. But if he only paid the amount for one or wrote the deed only for one of them he acquired only the one which was sold to him.” Does there exist a deed without money? If you say, we hold that he paid for all of them, did it not say: “the amount of one”? It must be one or the other.

“By money.” Rebbi Abba was of the opinion, by money if there was no intention to write a deed. But if money was given with the intention to write a deed for him, possession was transferred only when the deed was written. Rebbi Jonah and Rebbi Yose disagree. It follows that Rebbi Abba parallels Samuel and Rav Huna Rebbi Joḥanan. Rebbi Abba parallels Samuel. Samuel asked Rav Ḥuna: He was slaughtering sacrifices while being occupied? He answered, “for your intention,” this excludes one otherwise occupied. If one wrote a gift in the language of a sale? He answered, he made it ride on two racing horses; Rebbi Abba said this; Samuel did not accept it. What means “he made it ride on two shining racing horses”? They wanted to say, one brings two crazy horses and makes it ride on both. One goes in one direction and the other in another; he has nothing in his hand. Rebbi Yose from Mamelia said, he doubly empowered him, for there is a title guarantee in a sale but none for a gift; the seller did not sell everything but the giver of a gift gave everything. And Rav Ḥuna parallels Rebbi Joḥanan. A person, when he lay dying, said: my property should be given to X. Afterwards he said: write and deliver. Rebbi Eleazar and Rebbi Simeon bar Yaqim brought the case before Rebbi Joḥanan who said: If he said to transfer to him, everybody agrees that he entered into possession. If the transfer was to be in writing, everybody agrees that nobody transfers rights in writing after his death. Who would notify the greatness? Explain it if witnesses know. Think of it, if no witnesses know it? Rebbi Yose said, the field remains in the hand of its proprietors; the burden of proof is on the claimant.

“By money.” Rebbi Abba was of the opinion, by money if there was no intention to write a deed. But if money was given with the intention to write a deed for him, possession was transferred only when the deed was written. Rebbi Jonah and Rebbi Yose disagree. It follows that Rebbi Abba parallels Samuel and Rav Huna Rebbi Joḥanan. Rebbi Abba parallels Samuel. Samuel asked Rav Ḥuna: He was slaughtering sacrifices while being occupied? He answered, “for your intention,” this excludes one otherwise occupied. If one wrote a gift in the language of a sale? He answered, he made it ride on two racing horses; Rebbi Abba said this; Samuel did not accept it. What means “he made it ride on two shining racing horses”? They wanted to say, one brings two crazy horses and makes it ride on both. One goes in one direction and the other in another; he has nothing in his hand. Rebbi Yose from Mamelia said, he doubly empowered him, for there is a title guarantee in a sale but none for a gift; the seller did not sell everything but the giver of a gift gave everything. And Rav Ḥuna parallels Rebbi Joḥanan. A person, when he lay dying, said: my property should be given to X. Afterwards he said: write and deliver. Rebbi Eleazar and Rebbi Simeon bar Yaqim brought the case before Rebbi Joḥanan who said: If he said to transfer to him, everybody agrees that he entered into possession. If the transfer was to be in writing, everybody agrees that nobody transfers rights in writing after his death. Who would notify the greatness? Explain it if witnesses know. Think of it, if no witnesses know it? Rebbi Yose said, the field remains in the hand of its proprietors; the burden of proof is on the claimant.

“By money.” Rebbi Abba was of the opinion, by money if there was no intention to write a deed. But if money was given with the intention to write a deed for him, possession was transferred only when the deed was written. Rebbi Jonah and Rebbi Yose disagree. It follows that Rebbi Abba parallels Samuel and Rav Huna Rebbi Joḥanan. Rebbi Abba parallels Samuel. Samuel asked Rav Ḥuna: He was slaughtering sacrifices while being occupied? He answered, “for your intention,” this excludes one otherwise occupied. If one wrote a gift in the language of a sale? He answered, he made it ride on two racing horses; Rebbi Abba said this; Samuel did not accept it. What means “he made it ride on two shining racing horses”? They wanted to say, one brings two crazy horses and makes it ride on both. One goes in one direction and the other in another; he has nothing in his hand. Rebbi Yose from Mamelia said, he doubly empowered him, for there is a title guarantee in a sale but none for a gift; the seller did not sell everything but the giver of a gift gave everything. And Rav Ḥuna parallels Rebbi Joḥanan. A person, when he lay dying, said: my property should be given to X. Afterwards he said: write and deliver. Rebbi Eleazar and Rebbi Simeon bar Yaqim brought the case before Rebbi Joḥanan who said: If he said to transfer to him, everybody agrees that he entered into possession. If the transfer was to be in writing, everybody agrees that nobody transfers rights in writing after his death. Who would notify the greatness? Explain it if witnesses know. Think of it, if no witnesses know it? Rebbi Yose said, the field remains in the hand of its proprietors; the burden of proof is on the claimant.

From where that non-guaranteed property may be acquired together with guaranteed property, by money, document, or by possession? Rebbi Yose in the name of Ḥizqiah; Rebbi Jonah, Rebbi Ḥanina Tortaya in the name of Ḥizqiah, it is written (2Chr. 21:3): “Their father gave them many gifts, silver and gold and delicacies, with fortified cities in Jehudah.” So far real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Meron was dwelling in Jerusalem, who was rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages and they upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place; here, however, the real estate was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? Is not the sick person for Rebbi Eliezer like the sick person for the rabbis? He said to him: The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

Rebbi Yasa in the name of Rebbi Joḥanan: If two fields were involved, one in Judea and one in Galilee. If he took possession of the one in Judea with the intent of taking possession of the one in Galilee, or the one in Galilee with the intent of taking possession of the one in Judea, he took possession. But in [the case of] property of a proselyte he did not acquire even the boundary strip between them. Rebbi Ze‘ira asked before Rebbi Yasa: If he intended to acquire starting from the boundary strip and below? Rav Ḥisda said, property of a proselyte which he took possession of in the North with the intent of also acquiring that in the South, or in the South with the intent of acquiring also that in the North, but did not have the intent of acquiring the strip in the middle, he did not acquire unless he also intended to acquire the middle part. A baraita disagrees with Rav Ḥisda: If a proselyte died and Jews plundered his property, if one takes possession of the ground he is obligated for everything. If he took possession of standing grain, he is obligated for fallen stalks, forgotten sheaves, and peah but freed from tithes. Does not the air separate between stalks? There, we have stated: “If he tore off anything connected to the ground, he took possession.” Samuel said, he took possession only of that leaf. But did we not state: “If it was connected to the ground and he tore off anything, he took possession”? Rebbi Yose said, Rebbi Eudaimon the emigrant confirmed it: Samuel will agree, for proselyte’s property.

From where did they learn rollover of oaths? From the suspected wife: Amen from this man, Amen from any other man. That refers to subjects he is able to make her swear about. What about subjects he is not able to make her swear about? Rebbi Yose ben Rebbi Abun said, let us hear from the following: “Amen that I was not deviant preliminarily married and married, waiting for the levir and taken in.” Can he make her swear when she is preliminarily married or waiting for the levir? Nevertheless one rolls over.

Rebbi Abba, Rav Hamnuna, Rav Ada bar Aḥawa in the name of Rav: If he sold a cow for money, then grabbed him and said, give me that money. He answered, for what do you need it? He said, to buy a donkey for him[self]. If the owner of the cow took possession of the donkey, the cow was not taken into possession. Was the donkey taken into possession? Rebbi Abba said, it was taken into possession. Rebbi Yose said, it was not taken into possession. Rebbi Abba thought that this was barter, but it was not barter. Rebbi Mana in the name of Rebbi Yose: Sometimes it is a new deal for one party and a new deal for the other party. How is that? He sold him a cow for money; he left the money standing with him. The next day, he found him standing there and said, what are you doing here? He said, I want to collect the money. He answered, for what do you want it? He said, to buy myself a donkey. He answered, there is a donkey before you. If either one of them drew, the other one did not enter into possession; each one has to take possession separately.

Rebbi Abba, Rav Hamnuna, Rav Ada bar Aḥawa in the name of Rav: If he sold a cow for money, then grabbed him and said, give me that money. He answered, for what do you need it? He said, to buy a donkey for him[self]. If the owner of the cow took possession of the donkey, the cow was not taken into possession. Was the donkey taken into possession? Rebbi Abba said, it was taken into possession. Rebbi Yose said, it was not taken into possession. Rebbi Abba thought that this was barter, but it was not barter. Rebbi Mana in the name of Rebbi Yose: Sometimes it is a new deal for one party and a new deal for the other party. How is that? He sold him a cow for money; he left the money standing with him. The next day, he found him standing there and said, what are you doing here? He said, I want to collect the money. He answered, for what do you want it? He said, to buy myself a donkey. He answered, there is a donkey before you. If either one of them drew, the other one did not enter into possession; each one has to take possession separately.

There, we have stated: “If they started, one does not interrupt.” What is the start of bathing? Rebbi Zeriqan in the name of Rebbi Ḥanina: When he opened his belt. Rav said, when he took off his shoe. Rebbi Joshua ben Levi used to hear the lesson of his grandson every Friday. Once he forgot and went bathing in the public baths of Tiberias; he was leaning on Rebbi Ḥiyya bar Abba’s shoulder. He remembered and left the public bath. He said, so it was: Rebbi Eleazar bar Yose said, he had taken off [his clothes]. Rebbi Ḥiyya bar Abba said to him, did our teacher not teach us, “if they started, one does not interrupt”? He said to him, Ḥiyya my son, is that unimportant in your eyes? For anyone who hears the lesson from his grandson is as if he heard it from Mount Sinai. What is the reason? “ You shall make them known to you sons and grandsons,” etc., “the day when you stood before the Eternal, your God, at Horeb.” Like the day when you stood before the Eternal, your God, at Horeb. Rebbi Ḥizqiah bar Jeremiah, Rebbi Ḥiyya in the name of Rebbi Joḥanan: If you can link the tradition back to Moses, link it. Otherwise take either the very first or the very last [source]. Giddul said, anybody who quotes somebody should consider it as if the author of the quote stood before him. What is the reason? “Only in image a man wanders.” “Many a man professes good will, but where will you find one you can trust?” That is Rebbi Ze‘ira, as Rebbi Ze‘ira said, we do take the traditions of Rav Sheshet into account since he is blind. And Rebbi Ze‘ira said to Rebbi Yasa, does the Rabbi know Bar Pedaiah, that you quote in his name? He said to him, Rav Ada bar Aḥawa said it in his name.

Commandments which the son is obligated to fulfill towards his father. What is fear? He may not sit in his place and may not speak in his stead nor contradict his words. What is honor? He feeds and gives him to drink, clothes him, covers him, and puts on his shoes, leads him out and in. From whose money? Huna bar Ḥiyya said, from the old man’s. Some want to say, from his own. Did not Rebbi Abbahu say in the name of Rebbi Yose bar Ḥanina: From where do we know that even if his father tells him to throw the wallet into the sea that he should obey him? That is, if he has another one and if it helps to quiet his father’s spirit. Both men and women. Only the man has the power in his hand, but the woman does not have the power in her own hand because others have disposition over her. If she is widowed or divorced, the power is in her own hand.

[They asked Rebbi Eliezer,] how far does honoring father and mother go? He said to them, you are asking me? Go and ask Dama ben Netinah. Dama ben Netinah was the head of the city council. Once his mother was slapping him in front of the entire council and a slipper fell from her hand, and he handed it back to her so that she should feel no inconvenience. Rebbi Ḥizqiah said: He was a Gentile from Ascalon and the head of the city council. He never sat on the stone on which his father used to sit and when his father died, he worshipped the stone. Once the jaspis of Benjamin was lost. They inquired, who would have one of similar quality? They were informed that Dama ben Netinah did. They went to him and agreed on 100 denars. He went to the upper floor to bring it and found his father sleeping. Some say that the key to the chest was in his father’s fingers; some say his father’s foot was resting on the chest. He descended to them and told them: I could not bring it to you. They thought, maybe he wants more money, and raised the price to two hundred, then to a thousand. When his father woke up from his sleep, he went up and brought it to them. They wanted to give him according to the amount last mentioned, but he refused. He said: Do I sell my father’s honor for money? I will not have any advantage from honoring my father. What reward did the Holy One, praise to Him, give him? Rebbi Yose bar Abun said: The following night, his cow gave birth to a red heifer and Israel gave him its weight in gold and took it. Rebbi Sabbatai said (Job 37:23), it is written: “Justice and much charity He will not suppress.” The Holy One, praise to Him, will not wait to give the reward for good deeds to the Gentiles.

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

Does it follow him who says the Pesaḥ of women is voluntary? It was stated: “A woman may make the First Pesaḥ by herself and the Second joining others, the words of Rebbi Meïr. Rebbi Yose says, a woman may make the Second Pesaḥ by herself, and certainly the First. Rebbi Eleazar ben Rebbi Simeon says, a woman may make the First Pesaḥ joining others but does not make the Second.” What is the reason of Rebbi Meïr? (Ex. 12:3) “Every man a sheep for the family,” if they want “a sheep for the house.” What is the reason of Rebbi Yose, “Every man a sheep for the family,” a fortiori “a sheep for the house.” What is the reason of Rebbi Eleazar ben Rebbi Simeon? “Every man”, not woman. How do the rabbis uphold “man”? A man, not a minor. Rebbi Jonah said, even according to him who says it is an obligation, it is different here since the occasion was news, lest it become an obligation.