yose

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.

“Except ‘do not destroy’, ‘do not shear,’ and ‘do not become impure for the dead’.” Issy says, also because of “do not make a bald spot.” What is the reason? “They shall not make a bald spot.” One subject to the rules of the beard is subject to the rules of the bald spot; women who have no beard are free from the rules of the bald spot. And also from the following: “sons,” not daughters. Rebbi Eleazar said, women are obligated by the rules of the bald spot. What is the reason? “For you are a holy people for the Eternal, your God.” Both men and women. How does Rebbi Eleazar explain “sons”? When they do the will of the Holy One, praise to Him, they are called sons, but when they do not do the will of the Holy One, praise to Him, they are not called sons. Rav was ordering his students, there came Rav Hamnuna ordering the colleagues: Order you wives not to tear out their hair when standing by a deceased, that they should not make a bald spot. What is a bald spot? There are Tannaïm who stated: Any size. There are Tannaïm who state: The size of a peeled grain. The one who says, any size, because the meaning of “bald spot” is of any size. The one who says, a peeled grain, for it is said here “to make a bald spot”, and it says there, a bald spot. Since “bald spot” mentioned there means in the size of a peeled grain, here also it means the size of a peeled grain. Rebbi Yose bar Mamal: A Cohenet is permitted to leave the Land. What is the reason? “Say to the Cohanim,” not to the Cohanot. If it were otherwise, what would we say? Since she is included in the decision, she may not leave. If you say so, you push aside the paragraph of impurities.

If it is so, they should have been freed once they were redeemed. It is written (Neh. 8:17): “All the congregation coming from captivity … since the days of Joshua bin Nun.” Why Joshua? Rebbi Hillel, the son of Samuel ben Naḥmani: The verse damaged the reputation of the just person in his grave for the reputation of the just person in his time; it compares their coming in the days of Ezra to the coming in the days of Joshua. As at the coming in the days of Joshua they had been free and became obligated, also at the coming in the days of Ezra they had been free and became obligated. How did they become obligated? Rebbi Yose ben Ḥanina said, they became obligated by the words of the Torah; that is what is written (Deut. 30:5): “The Eternal, your God, will bring you to the Land that your fathers inherited and you will inherit it.” Just as the inheritance of your fathers was by the words of the Torah, so your inheritance is by the words of the Torah. “He will be good to you and give increase to you more than to your forefathers.” Your fathers had been free and became obligated, also you had been free and became obligated. On your fathers there was no yoke of government, but you [are obligated] even though there is on you the yoke of government. Your fathers did become obligated only after fourteen years, seven they conquered and seven they distributed, but you became obligated [immediately when you entered. Your fathers did become obligated only after they had acquired all, but you become obligated] for every single piece at the moment you acquire it.

How does Rebbi Yose bar Ḥanina explain “In view of all this, we execute a contract and sign”? Since they accepted [the obligations] with good grace, the verse credits it to them as if they had accepted it voluntarily. How does Rebbi Eleazar explain “more than your forefathers?” He explains it for the future since Rebbi Ḥelbo, Simeon bar Abba said in the name of Rebbi Joḥanan: Your forefathers inherited the land of seven peoples, but you will in the future inherit the land of ten peoples. The three others are (Gen. 15:19) “the Qenites, the Qenizites and the Qadmonites.” Rebbi Jehudah said, [these are] Arabia, Salmaia and Nabataea. Rebbi Simeon says, Asia, Spain, and Damascus. Rebbi Eliezer ben Jacob says, Asia, Cartagena, and Thrace. Rebbi says, Edom, Moab, and the best of Ammon. “More than your forefathers”: Your forefathers, even though they were redeemed, were later subjugated again. But you when you are redeemed will not be subjugated again. What is the reason? (Jer. 30:6) “Inquire and see whether a male gives birth.” Just as a male cannot give birth so you, after you are redeemed, will not be subjugated again.

“Rebbi Eliezer says, also new grain.” What is the reason of Rebbi Eliezer? (Lev. 23:14) “In all your dwelling places,” both inside and outside the Land. How do the rabbis explain the reason of Rebbi Eliezer, “in all your dwelling places”? New grain from here which was exported. Rebbi Jonah asked: Why did we not state ḥallah with these? Rebbi Yose said to him, our Mishnah only deals with something which applies to Israel and the Gentiles. But ḥallah only applies to Israel, not to Gentiles. What is the reason? (Num. 15:20): The first of your dough,” not of Gentiles.

HALAKHAH: “Everybody who keeps one commandment they treat well,” etc. “Therefore anybody who is passive and refrains from sinning they reward like one who fulfills a commandment,” and you say so? But we hold with one who is 50–50. If he keeps one commandment, they treat him well and prolong his life; he will inherit the Land. But if he commits one sin, they do not treat him well, do not prolong his life, and he does not inherit the Land. There, we have stated: “Therefore anybody who is passive and refrains from sinning they reward like one who fulfills a commandement.” Rebbi Ze‘ira said, one who had occasion to commit a possible sin and did not act. Rebbi Yose ben Rebbi Abun said, one who chose one commandment which he never violated in his lifetime. What kind? Mar Uqban said, for example the honor of father and mother. Rebbi Mana said, “Happy are those on a straight path, who walk in the Eternal’s Torah,” as if they did walk in the Eternal’s Torah. Rebbi Abun said, “Also they did no evil, in His path they went,” as if they went in His path. Rebbi Yose ben Rebbi Abun said, what is written? “ Happy the man who did not walk in the council of the wicked;” since he did not walk in the council of the wicked it is as if he walked in the council of the just.

HALAKHAH: “Everybody who keeps one commandment they treat well,” etc. “Therefore anybody who is passive and refrains from sinning they reward like one who fulfills a commandment,” and you say so? But we hold with one who is 50–50. If he keeps one commandment, they treat him well and prolong his life; he will inherit the Land. But if he commits one sin, they do not treat him well, do not prolong his life, and he does not inherit the Land. There, we have stated: “Therefore anybody who is passive and refrains from sinning they reward like one who fulfills a commandement.” Rebbi Ze‘ira said, one who had occasion to commit a possible sin and did not act. Rebbi Yose ben Rebbi Abun said, one who chose one commandment which he never violated in his lifetime. What kind? Mar Uqban said, for example the honor of father and mother. Rebbi Mana said, “Happy are those on a straight path, who walk in the Eternal’s Torah,” as if they did walk in the Eternal’s Torah. Rebbi Abun said, “Also they did no evil, in His path they went,” as if they went in His path. Rebbi Yose ben Rebbi Abun said, what is written? “ Happy the man who did not walk in the council of the wicked;” since he did not walk in the council of the wicked it is as if he walked in the council of the just.

Ben Azai preached: “A dead fly will permanently spoil perfumer’s oil.” Does not one dead fly spoil perfumer’s oil? And this person by one sin spoiled all merits he had. Rebbi Aqiba preached: “ So the abyss opened wide and its mouth swallowed the one without law.” It does not say “without laws”, but “without law”, him who has not a single merit that should help him on the scale of merit. That is, for the Future World. But in this world, even if 999 angels plead for his conviction and one angel pleads for his acquittal, the Holy One, praise to Him, lends His weight to the scale of merit. What is the reason? “If there is for him one angel out of a thousand, to tell a man his straightness. He will act with him in grace and say, let him be redeemed, not go down to destruction; I found weregilt.” Rebbi Joḥanan said, if you find a saying of Rebbi Eliezer, son of Rebbi Yose the Galilean, bend your ear like this funnel and listen, since Rebbi Joḥanan reported that Rebbi Eliezer, the son of Rebbi Yose the Galilean, said: Even if 999 angles plead for his conviction and one angel pleads for his acquittal, the Holy One, praise to Him, lends His weight to the scale of merit. Not only this entire angel, but if 999 aspects of that angel plead for conviction and one aspect for acquittal, the Holy One, praise to Him, lends His weight to the scale of merit. What is the reason? It does not say, “if there is for him one angel of a thousand,” but “one out of a thousand”, one aspect out of a thousand aspects of that angel. What is written afterwards? “He will act with him in grace and say, let him be hurt, not go down to destruction; I found weregilt.” “Let him be hurt,” by suffering. “I found weregilt,” he found means to redeem himself. That is, in this world. But in the Future World, if he has a majority of merits, he inherits paradise; a majority of sins, he inherits hell. If he was 50–50. Rebbi Yose ben Ḥanina said, “he carries his iniquity.” Rebbi Abbahu said, it is written: “He carries.” What does the Holy One, praise to Him, do? He grabs one of his demerits, and the merits decide. Rebbi Eleazar said: “You, Eternal, are acting in grace, for You will complete for everybody according to his deeds.” And if he has none, You will give him from Yours. That is Rebbi Eleazar’s opinion, for Rebbi Eleazar said, “You, Eternal, are acting in grace,” this teaches that He turns to the aspect of grace.

Ben Azai preached: “A dead fly will permanently spoil perfumer’s oil.” Does not one dead fly spoil perfumer’s oil? And this person by one sin spoiled all merits he had. Rebbi Aqiba preached: “ So the abyss opened wide and its mouth swallowed the one without law.” It does not say “without laws”, but “without law”, him who has not a single merit that should help him on the scale of merit. That is, for the Future World. But in this world, even if 999 angels plead for his conviction and one angel pleads for his acquittal, the Holy One, praise to Him, lends His weight to the scale of merit. What is the reason? “If there is for him one angel out of a thousand, to tell a man his straightness. He will act with him in grace and say, let him be redeemed, not go down to destruction; I found weregilt.” Rebbi Joḥanan said, if you find a saying of Rebbi Eliezer, son of Rebbi Yose the Galilean, bend your ear like this funnel and listen, since Rebbi Joḥanan reported that Rebbi Eliezer, the son of Rebbi Yose the Galilean, said: Even if 999 angles plead for his conviction and one angel pleads for his acquittal, the Holy One, praise to Him, lends His weight to the scale of merit. Not only this entire angel, but if 999 aspects of that angel plead for conviction and one aspect for acquittal, the Holy One, praise to Him, lends His weight to the scale of merit. What is the reason? It does not say, “if there is for him one angel of a thousand,” but “one out of a thousand”, one aspect out of a thousand aspects of that angel. What is written afterwards? “He will act with him in grace and say, let him be hurt, not go down to destruction; I found weregilt.” “Let him be hurt,” by suffering. “I found weregilt,” he found means to redeem himself. That is, in this world. But in the Future World, if he has a majority of merits, he inherits paradise; a majority of sins, he inherits hell. If he was 50–50. Rebbi Yose ben Ḥanina said, “he carries his iniquity.” Rebbi Abbahu said, it is written: “He carries.” What does the Holy One, praise to Him, do? He grabs one of his demerits, and the merits decide. Rebbi Eleazar said: “You, Eternal, are acting in grace, for You will complete for everybody according to his deeds.” And if he has none, You will give him from Yours. That is Rebbi Eleazar’s opinion, for Rebbi Eleazar said, “You, Eternal, are acting in grace,” this teaches that He turns to the aspect of grace.

Ben Azai preached: “A dead fly will permanently spoil perfumer’s oil.” Does not one dead fly spoil perfumer’s oil? And this person by one sin spoiled all merits he had. Rebbi Aqiba preached: “ So the abyss opened wide and its mouth swallowed the one without law.” It does not say “without laws”, but “without law”, him who has not a single merit that should help him on the scale of merit. That is, for the Future World. But in this world, even if 999 angels plead for his conviction and one angel pleads for his acquittal, the Holy One, praise to Him, lends His weight to the scale of merit. What is the reason? “If there is for him one angel out of a thousand, to tell a man his straightness. He will act with him in grace and say, let him be redeemed, not go down to destruction; I found weregilt.” Rebbi Joḥanan said, if you find a saying of Rebbi Eliezer, son of Rebbi Yose the Galilean, bend your ear like this funnel and listen, since Rebbi Joḥanan reported that Rebbi Eliezer, the son of Rebbi Yose the Galilean, said: Even if 999 angles plead for his conviction and one angel pleads for his acquittal, the Holy One, praise to Him, lends His weight to the scale of merit. Not only this entire angel, but if 999 aspects of that angel plead for conviction and one aspect for acquittal, the Holy One, praise to Him, lends His weight to the scale of merit. What is the reason? It does not say, “if there is for him one angel of a thousand,” but “one out of a thousand”, one aspect out of a thousand aspects of that angel. What is written afterwards? “He will act with him in grace and say, let him be hurt, not go down to destruction; I found weregilt.” “Let him be hurt,” by suffering. “I found weregilt,” he found means to redeem himself. That is, in this world. But in the Future World, if he has a majority of merits, he inherits paradise; a majority of sins, he inherits hell. If he was 50–50. Rebbi Yose ben Ḥanina said, “he carries his iniquity.” Rebbi Abbahu said, it is written: “He carries.” What does the Holy One, praise to Him, do? He grabs one of his demerits, and the merits decide. Rebbi Eleazar said: “You, Eternal, are acting in grace, for You will complete for everybody according to his deeds.” And if he has none, You will give him from Yours. That is Rebbi Eleazar’s opinion, for Rebbi Eleazar said, “You, Eternal, are acting in grace,” this teaches that He turns to the aspect of grace.

HALAKHAH: “A man may contract a premininary marriage either in person or through an agent,” etc. From where that a person’s agent may act in his stead? Rebbi Eleazar said: “The entirety of the assembly of the congregation of Israel shall slaughter it in the evening.” But do all of them slaughter? Does not one slaughter for the many? From here [it follows that] a person’s agent may act in his stead. And that would be the same as: “Everybody should take for himself a sheep for the family, a sheep to a house.” Did everyone take? Did not one take for the many? From here [it follows that] a person’s agent may act in his stead. Rebbi Yose said, there is a difference, for a person may slaughter the Passover sacrifice of another without the latter’s knowledge. If you wanted to say that a person may separate the Passover sacrifice for another without the latter’s knowledge, you cannot say so, for Rebbi Ze‘ira said in the name of Rebbi Eleazar that a person may slaughter the Passover sacrifice of another without the latter’s knowledge, but nobody may separate the Passover sacrifice for another without the latter’s knowledge.

The House of Shammai say, an agent may not testify as witness. But the House of Hillel say, an agent may testify as witness. How is that? If he sent two, in the opinion of the House of Shammai there is an agent and two witnesses. In the opinion of the House of Hillel, all three can be agents and all three can be witnesses. Rebbi Abun bar Ḥiyya said, the matter is reasonable if the preliminary marriage was executed by document. But if he executed the preliminary marriage by money, he became an interested party in his testimony. Rebbi Yose said, since the Torah made him trustworthy, even if he executed the preliminary marriage by money, he did not become an interested party in his testimony. Rebbi Abba said, there came a case before Rav who admitted the agent as witness. A person deposited his amphoras in another’s corral; [the latter] reneged. The case came before Rebbi Jeremiah who admitted the agent as witness and made him swear [by the testimony of] the porter.

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

If she was preliminarily married with agreement but definitively married without agreement, may she eat heave? Rav said, she does eat; but Samuel said, she may not eat. Rebbi Mana said, Rav’s reason is that if she was preliminarily married with agreement, the permanence of the status quo implies the assumption that he definitively married her with agreement. Rebbi Yose ben Rebbi Abun said, Rav’s reason is that by the earlier Mishnah, a preliminarily married daughter of an Israel may eat heave. What is the difference between them? Her earnings. According to Rebbi Mana, for Rav her earnings belong to her husband; according to Rebbi Yose ben Rebbi Abun, for Rav her earnings belong to her father. If she should die, who inherits from her? According to Rebbi Mana, for Rav her husband inherits; according to Rebbi Yose ben Rebbi Abun, for Rav her father inherits if she dies. Rebbi Yose ben Rebbi Abun stated, for Rav her husband inherits if she dies. If she was preliminarily married without agreement and definitively married without agreement, may she eat heave? Samuel said, she does eat. Come and see: If she was preliminarily married with agreement and definitively married without agreement, Samuel says that she may not eat; here he says she may eat? Samuel treats her as an orphan.

If she was preliminarily married with agreement but definitively married without agreement, may she eat heave? Rav said, she does eat; but Samuel said, she may not eat. Rebbi Mana said, Rav’s reason is that if she was preliminarily married with agreement, the permanence of the status quo implies the assumption that he definitively married her with agreement. Rebbi Yose ben Rebbi Abun said, Rav’s reason is that by the earlier Mishnah, a preliminarily married daughter of an Israel may eat heave. What is the difference between them? Her earnings. According to Rebbi Mana, for Rav her earnings belong to her husband; according to Rebbi Yose ben Rebbi Abun, for Rav her earnings belong to her father. If she should die, who inherits from her? According to Rebbi Mana, for Rav her husband inherits; according to Rebbi Yose ben Rebbi Abun, for Rav her father inherits if she dies. Rebbi Yose ben Rebbi Abun stated, for Rav her husband inherits if she dies. If she was preliminarily married without agreement and definitively married without agreement, may she eat heave? Samuel said, she does eat. Come and see: If she was preliminarily married with agreement and definitively married without agreement, Samuel says that she may not eat; here he says she may eat? Samuel treats her as an orphan.

If she was preliminarily married with agreement but definitively married without agreement, may she eat heave? Rav said, she does eat; but Samuel said, she may not eat. Rebbi Mana said, Rav’s reason is that if she was preliminarily married with agreement, the permanence of the status quo implies the assumption that he definitively married her with agreement. Rebbi Yose ben Rebbi Abun said, Rav’s reason is that by the earlier Mishnah, a preliminarily married daughter of an Israel may eat heave. What is the difference between them? Her earnings. According to Rebbi Mana, for Rav her earnings belong to her husband; according to Rebbi Yose ben Rebbi Abun, for Rav her earnings belong to her father. If she should die, who inherits from her? According to Rebbi Mana, for Rav her husband inherits; according to Rebbi Yose ben Rebbi Abun, for Rav her father inherits if she dies. Rebbi Yose ben Rebbi Abun stated, for Rav her husband inherits if she dies. If she was preliminarily married without agreement and definitively married without agreement, may she eat heave? Samuel said, she does eat. Come and see: If she was preliminarily married with agreement and definitively married without agreement, Samuel says that she may not eat; here he says she may eat? Samuel treats her as an orphan.

If she was preliminarily married with agreement but definitively married without agreement, may she eat heave? Rav said, she does eat; but Samuel said, she may not eat. Rebbi Mana said, Rav’s reason is that if she was preliminarily married with agreement, the permanence of the status quo implies the assumption that he definitively married her with agreement. Rebbi Yose ben Rebbi Abun said, Rav’s reason is that by the earlier Mishnah, a preliminarily married daughter of an Israel may eat heave. What is the difference between them? Her earnings. According to Rebbi Mana, for Rav her earnings belong to her husband; according to Rebbi Yose ben Rebbi Abun, for Rav her earnings belong to her father. If she should die, who inherits from her? According to Rebbi Mana, for Rav her husband inherits; according to Rebbi Yose ben Rebbi Abun, for Rav her father inherits if she dies. Rebbi Yose ben Rebbi Abun stated, for Rav her husband inherits if she dies. If she was preliminarily married without agreement and definitively married without agreement, may she eat heave? Samuel said, she does eat. Come and see: If she was preliminarily married with agreement and definitively married without agreement, Samuel says that she may not eat; here he says she may eat? Samuel treats her as an orphan.

Rebbi Jeremiah in the name of Rav: “ ‘Be preliminarily married to me by this tetradrachma after thirty [days].’ Even if she spent it within the thirty [days], she is preliminarily married; also Rebbi Simeon ben Eleazar will agree to this.” What is the difference between this and a loan? A loan was not given for preliminary marriage, while this was given from the start for preliminary marriage. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah”? Then even if a peruṭah’s worth was not left, she should be preliminarily married! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Eleazar said, it follows Rebbi Simeon ben Eleazar, as it was stated: “Be preliminarily married to me 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.” Rebbi Eleazar said, Rebbi Simeon ben Eleazar follows Rebbi Meïr. Just as Rebbi Meïr said that anybody who deviates from the orders of the owner is called a robber, so Rebbi Simeon ben Eleazar says here, anybody who deviates from the orders of the owner is called a robber. For he explains it to be for a loan when the lender said, buy wheat for me, but he bought barley for him. That is difficult: can one pay for a preliminary marriage with robbed money? Rebbi Yose asked: One understands that a person may invest a peruṭah to gain a denar; would he invest a peruṭah to gain a perutah? Some Tannaïm state: One may preliminarily marry with a robbed item; some Tannaïm state: One cannot preliminarily marry with a robbed item. Rebbi Mana said, the one who said that one may preliminarily marry with a robbed item refers to an item which he has a chance to recoup from her hand. The one who said that one cannot preliminarily marry with a robbed item refers to an item which he has no chance to remove from her hand. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac: the one who said that one may preliminarily marry with a robbed item refers to an item which the owner gave up hope to recover. The one who said that one cannot preliminarily marry with a robbed item refers to an item which the owner did not give up hope to recover.

Rebbi Jeremiah in the name of Rav: “ ‘Be preliminarily married to me by this tetradrachma after thirty [days].’ Even if she spent it within the thirty [days], she is preliminarily married; also Rebbi Simeon ben Eleazar will agree to this.” What is the difference between this and a loan? A loan was not given for preliminary marriage, while this was given from the start for preliminary marriage. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah”? Then even if a peruṭah’s worth was not left, she should be preliminarily married! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Eleazar said, it follows Rebbi Simeon ben Eleazar, as it was stated: “Be preliminarily married to me 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.” Rebbi Eleazar said, Rebbi Simeon ben Eleazar follows Rebbi Meïr. Just as Rebbi Meïr said that anybody who deviates from the orders of the owner is called a robber, so Rebbi Simeon ben Eleazar says here, anybody who deviates from the orders of the owner is called a robber. For he explains it to be for a loan when the lender said, buy wheat for me, but he bought barley for him. That is difficult: can one pay for a preliminary marriage with robbed money? Rebbi Yose asked: One understands that a person may invest a peruṭah to gain a denar; would he invest a peruṭah to gain a perutah? Some Tannaïm state: One may preliminarily marry with a robbed item; some Tannaïm state: One cannot preliminarily marry with a robbed item. Rebbi Mana said, the one who said that one may preliminarily marry with a robbed item refers to an item which he has a chance to recoup from her hand. The one who said that one cannot preliminarily marry with a robbed item refers to an item which he has no chance to remove from her hand. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac: the one who said that one may preliminarily marry with a robbed item refers to an item which the owner gave up hope to recover. The one who said that one cannot preliminarily marry with a robbed item refers to an item which the owner did not give up hope to recover.

If he grabbed a tetradrachma from her hands, returned it to her, and at the moment of delivery said to her: “You are preliminarily married to me”, then she is preliminarily married. By what was she preliminarily married? Rebbi Ḥaggai in the name of Rebbi Pedat: She wants to be preliminarily married to him and he would owe her a tetradrachma. Rebbi Yose said, if this had been formulated for a vessel, it would be understandable. A tetradrachma can be exchanged.

“Rebbi Simeon said, if he tricked her by understatement she is preliminarily married.” Rebbi Joḥanan said, Rebbi Simeon agrees that she is not preliminarily married if he tricked her by misstating his personal status. Rebbi Yose said, the Mishnah says this: “ ‘On condition that I be a Cohen,’ and he turned out to be a Levite.”

HALAKHAH: “If somebody performed preliminary marriage with a woman etc. We have stated defects. Which vows? Rebbi Joḥanan in the name of Rebbi Simeon ben Yoṣadaq: If she vowed not to eat meat, or not to drink wine, or not to wear dyed garments. Rebbi Ze‘ira said, the fine linen garments which come from Bet She‘an have the status of dyed garments. Rebbi Yose said, the Mishnah deals with the case that he said to her, “on condition that you have no obligation of vows on you.” But if he said to her, “on condition that you have no vow on you,” then even if she made a vow not to eat carob fruit it is a vow.

“If he married her definitively without inquiry”. Rebbi Simeon ben Laqish said, the Mishnah deals with the case that he married her preliminarily conditionally but definitively silently. But if he married her preliminarily silently and definitively silently, she can claim her ketubah. Rebbi Joḥanan said, even if he married her preliminarily silently and definitively silently, she has no ketubah. Rebbi Ḥiyya in the name of Rebbi Joḥanan: But she needs a bill of divorce from him even if he married her preliminarily conditionally but definitively silently. Rebbi Ze‘ira asked before Rebbi Mana: In case he married her preliminarily silently and divorced her after the preliminary marriage, what does Rebbi Simeon ben Laqish say? Let us hear from the following: “If she had bodily defects, as long as she is in her father’s house, the father has to prove.” This implies that if he proved his case, she can claim her ketubah. What do you see to say, if he married her preliminarily silently and divorced her after the preliminary marriage! Where do we hold? Since afterwards [it is stated]: “When was this said? For hidden defects, but he has no claim about visible defects.” If he. made it conditional, could he not also claim for visible ones? But did not the colleagues say before Rebbi Yose: Should we say that the following statement disagrees with Rebbi Simeon ben Laqish? “Once she entered her husband’s domain, the husband has to prove.” This implies that if the husband proved his case, she has no claim to ketubah. But by the statement of Rebbi Simeon ben Laqish, she has a claim to ketubah. Rebbi Cohen in the name of the rabbis of Caesarea: The Mishnah deals with the case that he definitively married her but did not sleep with her; Rebbi Simeon ben Laqish speaks about the case that he definitively married her and slept with her; I am saying that she was acceptable to him since he took her to bed.

“And all defects which disqualify a priest disqualify a woman. They added to them for women mouth odor, sweat odor, and a hairless mole.” Rebbi Ḥamai bar Uqba in the name of Rebbi Yose ben Ḥanina: They taught this about the skin of the face. But did we not state: “When was this said? For hidden defects, but he has no claim about visible defects.” Is this not of the visible defects? Explain it if she hid it under her headgear. It was stated: “A mole with hairs is a defect, whether it be large or small, whether it be on the body or on the face. Without a hair it is a defect on the face but not on the body. When has this been said? If it is small. But if it is large, it is a defect whether it be on the body or on the face. How big is large? Rabban Simeon ben Gamliel says, up to an Italic as.” Rebbi Eleazar bar Ḥanina said, for example such a Gordianic denar: its measure is half a ubiquitous gold piece. Rebbi Radifa, Rebbi Jonah: Rebbi Jeremiah asked: A bald woman with a row of hair going from one ear to the other? They wanted to understand it from the following: “They added to them for women mouth odor, sweat odor, and a hairless mole.” They did not mention baldness. They wanted to conclude that it is not a defect. There came Rebbi Samuel the son of Rebbi Yose ben Rebbi Abun: Rebbi Nasa said, it is a defect. It is listed only if it is ugly for both sexes. But something which is beautiful in one sex but ugly in the other, like a bald pate, even though it is a defect it was not listed. You should know that this is so because a beard is beautiful for a man and a defect for a woman, and we did not state: In addition, for a woman a beard. There are breasts which are beautiful for a woman and a defect for men, and we did not state: In addition, for a man women’s breasts.

“And all defects which disqualify a priest disqualify a woman. They added to them for women mouth odor, sweat odor, and a hairless mole.” Rebbi Ḥamai bar Uqba in the name of Rebbi Yose ben Ḥanina: They taught this about the skin of the face. But did we not state: “When was this said? For hidden defects, but he has no claim about visible defects.” Is this not of the visible defects? Explain it if she hid it under her headgear. It was stated: “A mole with hairs is a defect, whether it be large or small, whether it be on the body or on the face. Without a hair it is a defect on the face but not on the body. When has this been said? If it is small. But if it is large, it is a defect whether it be on the body or on the face. How big is large? Rabban Simeon ben Gamliel says, up to an Italic as.” Rebbi Eleazar bar Ḥanina said, for example such a Gordianic denar: its measure is half a ubiquitous gold piece. Rebbi Radifa, Rebbi Jonah: Rebbi Jeremiah asked: A bald woman with a row of hair going from one ear to the other? They wanted to understand it from the following: “They added to them for women mouth odor, sweat odor, and a hairless mole.” They did not mention baldness. They wanted to conclude that it is not a defect. There came Rebbi Samuel the son of Rebbi Yose ben Rebbi Abun: Rebbi Nasa said, it is a defect. It is listed only if it is ugly for both sexes. But something which is beautiful in one sex but ugly in the other, like a bald pate, even though it is a defect it was not listed. You should know that this is so because a beard is beautiful for a man and a defect for a woman, and we did not state: In addition, for a woman a beard. There are breasts which are beautiful for a woman and a defect for men, and we did not state: In addition, for a man women’s breasts.

HALAKHAH: “If somebody preliminarily marries two women with the value of a peruṭah,” etc. It was stated: “In all these cases, if they had intercourse they acquired. Rebbi Simeon [ben] Jehudah says in the name of Rebbi Simeon: In all these cases, if they had intercourse they did acquire since his intercourse was predicated on the preceding preliminary marriage.” What did they acquire? Rebbi Ḥiyya in the name of Rebbi Joḥanan: They acquired for restrictions. Rebbi Ḥiyya in the name of Rebbi Joḥanan: With any condition which refers to a preceding action, she is preliminarily married for restrictions. Rebbi Mana asked before Rebbi Yudan: Who is the Tanna who stated: “Any condition which refers to a preceding action is invalid”? This does not follow Rebbi Simeon. Rebbi Yudan in the name of Rebbi Joḥanan: She is preliminarily married for restrictions. How is that: “I am marrying you preliminarily by intercourse on condition that rains should fall.” If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Ḥiyya in the name of Rebbi Joḥanan: In matters of a preliminary marriage by a loan for restrictions, for real estate it was not acquired, for movables one does not deliver him to “Him Who exacted retribution.” If [the buyer] insists on the deal? Let us hear from the following: “You have wine to get from me, when he had no wine.” Therefore, if he had wine he would be obligated to deliver. Rebbi Ḥiyya stated, if he has wine he is obligated to deliver. Rebbi Samuel ben Rav Isaac did (not) say there: You should know that Rebbi Ḥiyya instructed following Rebbi Joḥanan that a preliminary marriage by a loan is for restrictions. Rebbi Ze‘ira resented it. Why? Because they were restrictive in practice and he taught them leniency? Rebbi Yose ben Rebbi Abun said, they were lenient in practice and he taught them to be restrictive, that if another man came and married her preliminarily, his marriage would hold. Rebbi Yudan ben Rebbi Ḥanan said, if there is a doubt between adultery and no adultery, decide on no adultery.

It was stated: “Concerning all of these, if he gave a name to their heave of the tithe or Second Tithe, what he did is done.” Rebbi Eleazar said, with the exception of the remainders of flour sacrifices. Rebbi Jeremiah said, the rest is in dispute. Rebbi Yose asked, what dispute? Where are we standing, if according to Rebbi Meïr, both for Second Tithe and for the remainders of flour sacrifices, he did not do anything. If according to Rebbi Jehudah, what he did is done. Rebbi Mana said, I went to Caesarea and heard Rebbi Ḥizqiah who was sitting there, stating: “If [a priest] preliminarily marries by means of his share in the holiest sacrifices or simple holy sacrifices, she is not married.” Rebbi Eleazar said, that is everybody’s opinion. Rebbi Joḥanan said, it is in dispute. I said to him, from whom did you hear this, and he said, from Rebbi Jeremiah. I said, this explains the matter! Rebbi Jeremiah, who heard that Rebbi Eleazar said, it is everybody’s opinion, he says it is in dispute. Rebbi Yose, who did not hear that, asked which dispute? If according to Rebbi Meïr, both for tithe and for the remainders of flour sacrifices, he did not do anything; if according to Rebbi Jehudah, what he did is done.

It was stated: “Concerning all of these, if he gave a name to their heave of the tithe or Second Tithe, what he did is done.” Rebbi Eleazar said, with the exception of the remainders of flour sacrifices. Rebbi Jeremiah said, the rest is in dispute. Rebbi Yose asked, what dispute? Where are we standing, if according to Rebbi Meïr, both for Second Tithe and for the remainders of flour sacrifices, he did not do anything. If according to Rebbi Jehudah, what he did is done. Rebbi Mana said, I went to Caesarea and heard Rebbi Ḥizqiah who was sitting there, stating: “If [a priest] preliminarily marries by means of his share in the holiest sacrifices or simple holy sacrifices, she is not married.” Rebbi Eleazar said, that is everybody’s opinion. Rebbi Joḥanan said, it is in dispute. I said to him, from whom did you hear this, and he said, from Rebbi Jeremiah. I said, this explains the matter! Rebbi Jeremiah, who heard that Rebbi Eleazar said, it is everybody’s opinion, he says it is in dispute. Rebbi Yose, who did not hear that, asked which dispute? If according to Rebbi Meïr, both for tithe and for the remainders of flour sacrifices, he did not do anything; if according to Rebbi Jehudah, what he did is done.

Rebbi Yose in the name of Rebbi Pedaiah: Intentionally desecrated Temple property becomes profane without redemption. But did we not state: “In error,” that excludes intention? That you say for the additional fifth and the sacrifice, but profaned it is. Rebbi Ḥama bar Uqba in the name of Rebbi Yose ben Ḥanina: The excluded well-being offerings become profane without redemption. But did we not state: “From the sancta,” not all sancta? That you say for the additional fifth and the sacrifice, but profaned it is.

Rebbi Yose in the name of Rebbi Pedaiah: Intentionally desecrated Temple property becomes profane without redemption. But did we not state: “In error,” that excludes intention? That you say for the additional fifth and the sacrifice, but profaned it is. Rebbi Ḥama bar Uqba in the name of Rebbi Yose ben Ḥanina: The excluded well-being offerings become profane without redemption. But did we not state: “From the sancta,” not all sancta? That you say for the additional fifth and the sacrifice, but profaned it is.

There, we have stated: “An animal that is found as from Jerusalem to Migdal-Eder in every direction.” The elder Rebbi Hoshaia said, this was taught for their monetary value. Rebbi Joḥanan said to him, does one say to a person, go and commit larceny with sacrifices? But in every case they followed the majority of cases: If most are male, they are elevation offerings, if most are female, well-being offerings. But do not well-being offerings come from males and females? What does he do? He redeems them as profane and then turns them into elevation offerings. This is difficult. Can a purification offering become an elevation offering? Rebbi Ḥanina said, it is a stipulation by the court that all redundant animals should be brought as elevation offerings. Rebbi Yose said to Rebbi Jacob bar Ḥama, is that not intentional [misuse]? He said to him, since it is a stipulation by the court, it is not intentional [misuse]. Rebbi Ze‘ira said, as you say there, it is a stipulation by the court that lost animals should be brought as elevation offerings.

HALAKHAH: Rebbi Yose ben Rebbi Ḥanina said, a person gives his tithes for the benefit of goodwill. What is the reason of Rebbi Yose ben Rebbi Ḥanina? (Num. 5:10) “Everybody shall be the owner of his holy things.” How does Rebbi Joḥanan explain this? He may give them to whomever he likes.

HALAKHAH: Rebbi Yose ben Rebbi Ḥanina said, a person gives his tithes for the benefit of goodwill. What is the reason of Rebbi Yose ben Rebbi Ḥanina? (Num. 5:10) “Everybody shall be the owner of his holy things.” How does Rebbi Joḥanan explain this? He may give them to whomever he likes.

A Mishnah disagrees with Rebbi Yose ben Rebbi Ḥaninah: “A vow that no Cohanim or Levites should have any advantage from me: they should take against his will.” He explains it about a person who says, I cannot possibly give them any gifts. You should know that this is so, since we have stated: “These Cohanim and Levites should [not] have any advantage from me; let others take.” A baraita disagrees with Rebbi Joḥanan: “One may say, here you have a tetradrachma and give this firstling to my daughter’s son, a Cohen.” He explains, if he already wanted to give it to two Cohanim and that daughter’s son was one of them; then one said, here you have a tetradrachma and give it whole to my daughter’s son, a Cohen.

They asked before Rebbi Zeïra: a Cohen to an Israel, Rebbi forbids. What does Rebbi Yose say? He did not respond. Rebbi Ḥizqiah in the name of Rebbi Aḥa said, so he said to them: In the opinion of Rebbi Yose ben Rebbi Ḥanina, why is a Cohen to an Israel forbidden, not because it looks badly? Also Rebbi Joḥanan holds that from an Israel to an Israel it is forbidden because it looks badly. In addition, because of the following, as it was stated: “Cohanim and Levites who help at the threshing floor have no right either to heave or to tithe, and if the farmer gave, it is desecrated, as it is said (Lev. 22:15): ‘They should not desecrate the sanctified things of the Children of Israel,’ but they do desecrate them! In addition, they said that their heave is no heave, their tithes are no tithes, their dedications are no dedications, and about them the verse says (Micha 3:11): ‘Their heads judge for bribes, their priests instruct for hire, etc.’ The Omnipresent brings over them three catastrophes; that is what is written (Micha 3:12): ‘Therefore, because of you Zion will be ploughed over as a field, Jerusalem will be desolate, and the Temple Mount a wooded hill.’

They asked before Rebbi Zeïra: a Cohen to an Israel, Rebbi forbids. What does Rebbi Yose say? He did not respond. Rebbi Ḥizqiah in the name of Rebbi Aḥa said, so he said to them: In the opinion of Rebbi Yose ben Rebbi Ḥanina, why is a Cohen to an Israel forbidden, not because it looks badly? Also Rebbi Joḥanan holds that from an Israel to an Israel it is forbidden because it looks badly. In addition, because of the following, as it was stated: “Cohanim and Levites who help at the threshing floor have no right either to heave or to tithe, and if the farmer gave, it is desecrated, as it is said (Lev. 22:15): ‘They should not desecrate the sanctified things of the Children of Israel,’ but they do desecrate them! In addition, they said that their heave is no heave, their tithes are no tithes, their dedications are no dedications, and about them the verse says (Micha 3:11): ‘Their heads judge for bribes, their priests instruct for hire, etc.’ The Omnipresent brings over them three catastrophes; that is what is written (Micha 3:12): ‘Therefore, because of you Zion will be ploughed over as a field, Jerusalem will be desolate, and the Temple Mount a wooded hill.’

Rebbi Abbahu in the name of Rebbi Joḥanan: “This shall be an elevation sacrifice for thirty days,” it is an elevation sacrifice for thirty days; after thirty days it automatically becomes profane. What is its status regarding larceny? Rebbi Joḥanan said, the larceny is clear. Rebbi Ze‘ira, Rebbi Hila both say, the larceny is in doubt. “You are preliminarily married to me for thirty days,” she is preliminarily married. What is the difference between dedication and woman? We find that a dedication can be eliminated without redemption but we do not find that a woman could leave without a divorce document. Where do we find that a dedication can be eliminated without redemption? Following Rebbi Simeon, since Rebbi Simeon says, “they enter without paying.” Rebbi Yose ben Rebbi Abun said, explain it according to everybody regarding a bought field. “This is your bill of divorce for thirty days”: it is no bill of divorce. Rebbi Isaac ben R. Eleazar said, when do you say that she is preliminarily married? If he effectuated the preliminary marriage by money. But if he effectuated the preliminary marriage by a document, since marriage documents were inferred from divorce documents and in the case of a divorce she is not divorced, so in the case of a preliminary marriage she is not preliminarily married.

If both were Cohanim or brothers, both are forbidden. If there were three brothers; two of them contracted a preliminary marriage with her and then died. That is what Rebbi Ḥiyya stated: The wife of one deceased contracts levirate marriage but not the wife of two deceased men. If they were brothers, both contracted a preliminary marriage with her and then one of them died. Is she permitted to the second? As you take it, what he had acquired, he had acquired; the rest he inherits from his brother. Rebbi Jehudah ben Pazi said, she is forbidden to him. Rebbi Yose said, the reason of Rebbi Jehudah ben Pazi is that the aspect acquired in any sister-in-law who is not totally inside [the family] is considered to be under the incest prohibition and an incest prohibition frees the co-wife. Rebbi Ḥanina said, Rebbi Jehudah ben Pazi said it correctly. Does she not become his because of his brother? To his brother she was forbidden; to him she should be permitted?

If the appointed time has arrived and he says, I gave, but she says, I did not receive: Rebbi Abun said, since he tries to wrest the contract from the woman’s hand, the burden of proof is on him. Think of it, maybe there was no contract? Rebbi Yose said, since he tries to forbid her to anybody, he has to prove that they entered into the contract. A case came before Rebbi Abbahu; he said to him, go and deliver. He answered, Rabbi, I did not acquire a wife and you say to me, go and deliver! Rebbi Abbahu said, it never happened to me that one got the better of me except this one. He rephrased and said: If he changed his mind, he shall deliver. If she changed her mind, she shall deliver. Is that not his former judgment? He rephrased to give it the status of a court document.

If he performed a preliminary marriage during the validity of the symphōn, this is unconditional preliminary marriage. If he divorced, the students of Rebbi Jonah said, divorce touched her; Rebbi Jonah said, divorce did not touch her. When Rebbi Jonah died, his students acted following him. They said, since after 30 [days] she would leave without a bill of divorce, how can you say that divorce touched her? But divorce did not touch her. If he died during the time stipulated in the symphōn, Rebbi Abbahu said, she is permitted to marry; Rebbi Abba said, she is not permitted to marry. Rebbi Mana asked the family of Rebbi Yose’s father: How did your master usually act? He said to him, when it was a long time, he said that she should go and marry immediately. If the time was short, he said, what is the hurt if she waits? If he sent things during the validity of the symphōn, Rebbi Mana said, [it follows the rules of] symphōn; Rebbi Abba said, [it follows the rules of] preliminary marriage. The rabbis take note of Rebbi Mana’s opinion.

There, we have stated: “A person can impose a condition of his ‘eruv.” So is the Mishnah: “A person can impose a condition of his‘eruvin.” Rebbi Eleazar said, who is the Tanna of “if they came”, “if they did not come”? Rebbi Meïr! Which Rebbi Meïr? The colleagues say, Rebbi Meïr of Qiddušin. As it was stated: If somebody say to a woman: You are preliminarily married to me on condition that there will be rain. If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Meïr says, she is preliminarily married whether or not rain fell unless he doubled his condition. Everybody agrees that if he said, after rainfall, if it rained she is preliminarily married, otherwise she is not preliminarily married. Rebbi Yose said, it follows Rebbi Meïr in Eruvin, as we have stated there: “If it be in doubt, Rebbi Meïr and Rebbi Jehudah say, he is a camel-donkey driver.” Rebbi Yose said, Rebbi Meïr said this only as a restriction. Rebbi Mana said, that is correct. He cannot acquire his ‘eruv since he is not able to enjoy it. [Why not] like the people of his place? If he had decided to leave his place. And here, she is not preliminarily married to the first, since no rain came. She is not preliminarily married to the second, since [the first] did not double his condition. Rebbi Ḥaggai asked before Rebbi Yose: Is this “if” not a reaction? He answered, there is a difference since the land was in their hand and he wanted to take it away from them.

There, we have stated: “A person can impose a condition of his ‘eruv.” So is the Mishnah: “A person can impose a condition of his‘eruvin.” Rebbi Eleazar said, who is the Tanna of “if they came”, “if they did not come”? Rebbi Meïr! Which Rebbi Meïr? The colleagues say, Rebbi Meïr of Qiddušin. As it was stated: If somebody say to a woman: You are preliminarily married to me on condition that there will be rain. If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Meïr says, she is preliminarily married whether or not rain fell unless he doubled his condition. Everybody agrees that if he said, after rainfall, if it rained she is preliminarily married, otherwise she is not preliminarily married. Rebbi Yose said, it follows Rebbi Meïr in Eruvin, as we have stated there: “If it be in doubt, Rebbi Meïr and Rebbi Jehudah say, he is a camel-donkey driver.” Rebbi Yose said, Rebbi Meïr said this only as a restriction. Rebbi Mana said, that is correct. He cannot acquire his ‘eruv since he is not able to enjoy it. [Why not] like the people of his place? If he had decided to leave his place. And here, she is not preliminarily married to the first, since no rain came. She is not preliminarily married to the second, since [the first] did not double his condition. Rebbi Ḥaggai asked before Rebbi Yose: Is this “if” not a reaction? He answered, there is a difference since the land was in their hand and he wanted to take it away from them.

There, we have stated: “A person can impose a condition of his ‘eruv.” So is the Mishnah: “A person can impose a condition of his‘eruvin.” Rebbi Eleazar said, who is the Tanna of “if they came”, “if they did not come”? Rebbi Meïr! Which Rebbi Meïr? The colleagues say, Rebbi Meïr of Qiddušin. As it was stated: If somebody say to a woman: You are preliminarily married to me on condition that there will be rain. If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Meïr says, she is preliminarily married whether or not rain fell unless he doubled his condition. Everybody agrees that if he said, after rainfall, if it rained she is preliminarily married, otherwise she is not preliminarily married. Rebbi Yose said, it follows Rebbi Meïr in Eruvin, as we have stated there: “If it be in doubt, Rebbi Meïr and Rebbi Jehudah say, he is a camel-donkey driver.” Rebbi Yose said, Rebbi Meïr said this only as a restriction. Rebbi Mana said, that is correct. He cannot acquire his ‘eruv since he is not able to enjoy it. [Why not] like the people of his place? If he had decided to leave his place. And here, she is not preliminarily married to the first, since no rain came. She is not preliminarily married to the second, since [the first] did not double his condition. Rebbi Ḥaggai asked before Rebbi Yose: Is this “if” not a reaction? He answered, there is a difference since the land was in their hand and he wanted to take it away from them.

Rebbi Jehudah bar Sisin, Rebbi Jehudah bar Pazy in the name of Rebbi Aḥa. They formulated the symphōn according to Rebbi Meïr. Rebbi Ḥananiah, the colleague of the rabbis, asked: Why does it have to follow Rebbi Meïr but not also the rabbis? Did not Rebbi Abbahu say in the name of Rebbi Joḥanan: The following is the contract text: “I, X son of Y, contract a preliminary marriage with you, Z, daughter of U, on condition that I shall give you property A and definitively marry you by day B. If that day should pass without me having taken you in, I shall have no claim on you.” Why can he not say “on condition” but not double his stipulation? If he did not double his stipulation, could this eliminate the preliminary marriage? Rebbi Yose ben Rebbi Abun said, everywhere Rebbi Meïr holds that from “no” you infer “yes”, except here? Rebbi Mattaniah said, one is more restrictive in matters of incest and adultery.

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

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

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

The elder Rebbi Hoshaia and Rebbi Jehudah Neśia were sitting together. They said, let us say something on the subject of preliminary marriage. If somebody say to his wife, here you have a peruṭaḣ that you should be preliminarily married to me after I have divorced you, what is the rule? They laughed and got up. Rebbi Yose said, why did they laugh? Did not Rebbi Abba bar Mamal say, “after you are freed”, she is made dependent on another person’s will; and here “after you are divorced,” she is made dependent on another’s will. If you want to find a difficulty. ask the following: A person went to preliminarily marry a woman. Another person overtook him and said to her, you should know that the man who is coming to preliminarily marry you has a bad mind. In the future he will abandon you. But here you have this peruṭah that you should be preliminarily married to me after he will have divorced you. What is the rule?

Ḥizqiah said, if he redeemed them they revert to their sanctity. Rebbi Joḥanan said, if he redeemed them they are redeemed. The Mishnah disagrees with Rebbi Joḥanan: “These have no redemption.” He explains thus: After they were cut they do not need redemption. Rebbi Yose said, what Ḥizqiah said refers to the case that he himself redeemed them. But if another person redeemed them, the sanctity is removed from them. The argument of Rebbi Yose is switched: There, he says that if [another] redeemed them, the sanctity is removed from them, but here, he says that if she was married to another man the qiddušin [of the first] were not removed! All that is questionable for him is if he gave her two peruṭot, one for the moment and one for after he divorced her; what is the situation?

Ḥizqiah said, if he redeemed them they revert to their sanctity. Rebbi Joḥanan said, if he redeemed them they are redeemed. The Mishnah disagrees with Rebbi Joḥanan: “These have no redemption.” He explains thus: After they were cut they do not need redemption. Rebbi Yose said, what Ḥizqiah said refers to the case that he himself redeemed them. But if another person redeemed them, the sanctity is removed from them. The argument of Rebbi Yose is switched: There, he says that if [another] redeemed them, the sanctity is removed from them, but here, he says that if she was married to another man the qiddušin [of the first] were not removed! All that is questionable for him is if he gave her two peruṭot, one for the moment and one for after he divorced her; what is the situation?

Samuel said, in our poverty, she needs a bill of divorce from him. Rebbi Yose ben Rebbi Abun said, the Mishnah [said], “after your levir has given you ḥalîṣah”; but if he said, “after your levir has died,” she is preliminarily married. Rebbi Ḥiyya stated: A one-day-old girl can be preliminarily married by money; a girl of three years and one day can be preliminarily married by intercourse.” Rebbi Mana said, the Mishnah implies this: “Similarly, if somebody say to another, if your wife have a daughter, she shall be preliminarily married to me, he did not say anything,” because she does not exist. Therefore, if she does exist, she is preliminarily married.

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

MISHNAH: If somebody has two groups of daughters from two wives and he says, I preliminarily married off my older daughter, but he does not know whether the oldest of the older ones, or the oldest of the younger ones, or the youngest of the older ones who is older than the oldest of the younger ones, all are forbidden except the youngest of the younger ones, the words of Rebbi Meïr. Rebbi Yose says, all are permitted except the oldest of the older ones. I preliminarily married off my younger daughter, but he does not know whether the youngest of the younger ones, or the youngest of the older ones, or the oldest of the younger ones who is younger than the youngest of the older ones, all are forbidden except the oldest of the older ones, the words of Rebbi Meïr. Rebbi Yose says, all are permitted except the youngest of the younger ones.

MISHNAH: If somebody has two groups of daughters from two wives and he says, I preliminarily married off my older daughter, but he does not know whether the oldest of the older ones, or the oldest of the younger ones, or the youngest of the older ones who is older than the oldest of the younger ones, all are forbidden except the youngest of the younger ones, the words of Rebbi Meïr. Rebbi Yose says, all are permitted except the oldest of the older ones. I preliminarily married off my younger daughter, but he does not know whether the youngest of the younger ones, or the youngest of the older ones, or the oldest of the younger ones who is younger than the youngest of the older ones, all are forbidden except the oldest of the older ones, the words of Rebbi Meïr. Rebbi Yose says, all are permitted except the youngest of the younger ones.

There, we have stated: “ ‘Until before Passover’, Rebbi Meïr says, until it comes, Rebbi Yose says, until it passed.” Rebbi Jeremiah asked before Rebbi Ze‘ira: The opinion of Rebbi Meïr seems inverted; the opinion of Rebbi Yose seems to be inverted. The opinion of Rebbi Yose seems inverted: There, he says “until all the elder possibilities are exhausted, until all the younger possibilities are exhausted,” and here, he says so? He said to him: Since Ben Azai and Ben Zoma died, the perseverers disappeared; no perseverer was there until Jeremiah appeared. Rebbi Abba, son of Rebbi Ḥiyya bar Abba, said, why does he needle him? Did not great mountains find this difficult, did not Rebbi Eleazar already ask before Rebbi Joḥanan, does not the opinion of Rebbi Meïr seem to be inverted? He said to him, it is not inverted, the Mishnah is inverted, for in the House of Rebbi they stated: “ ‘Until before Passover’, Rebbi Meïr says, until it passed, Rebbi Yose says, until it comes.” He said: We ask “until before”, and you say so? He said to him, this is a Nabatean expression, “much before Passover”. Rebbi Abin said, everybody agrees that he is permitted on Passover. Where do they disagree? The day before Passover. One of them says, until it passed, the other until it comes.

There, we have stated: “ ‘Until before Passover’, Rebbi Meïr says, until it comes, Rebbi Yose says, until it passed.” Rebbi Jeremiah asked before Rebbi Ze‘ira: The opinion of Rebbi Meïr seems inverted; the opinion of Rebbi Yose seems to be inverted. The opinion of Rebbi Yose seems inverted: There, he says “until all the elder possibilities are exhausted, until all the younger possibilities are exhausted,” and here, he says so? He said to him: Since Ben Azai and Ben Zoma died, the perseverers disappeared; no perseverer was there until Jeremiah appeared. Rebbi Abba, son of Rebbi Ḥiyya bar Abba, said, why does he needle him? Did not great mountains find this difficult, did not Rebbi Eleazar already ask before Rebbi Joḥanan, does not the opinion of Rebbi Meïr seem to be inverted? He said to him, it is not inverted, the Mishnah is inverted, for in the House of Rebbi they stated: “ ‘Until before Passover’, Rebbi Meïr says, until it passed, Rebbi Yose says, until it comes.” He said: We ask “until before”, and you say so? He said to him, this is a Nabatean expression, “much before Passover”. Rebbi Abin said, everybody agrees that he is permitted on Passover. Where do they disagree? The day before Passover. One of them says, until it passed, the other until it comes.

There, we have stated: “ ‘Until before Passover’, Rebbi Meïr says, until it comes, Rebbi Yose says, until it passed.” Rebbi Jeremiah asked before Rebbi Ze‘ira: The opinion of Rebbi Meïr seems inverted; the opinion of Rebbi Yose seems to be inverted. The opinion of Rebbi Yose seems inverted: There, he says “until all the elder possibilities are exhausted, until all the younger possibilities are exhausted,” and here, he says so? He said to him: Since Ben Azai and Ben Zoma died, the perseverers disappeared; no perseverer was there until Jeremiah appeared. Rebbi Abba, son of Rebbi Ḥiyya bar Abba, said, why does he needle him? Did not great mountains find this difficult, did not Rebbi Eleazar already ask before Rebbi Joḥanan, does not the opinion of Rebbi Meïr seem to be inverted? He said to him, it is not inverted, the Mishnah is inverted, for in the House of Rebbi they stated: “ ‘Until before Passover’, Rebbi Meïr says, until it passed, Rebbi Yose says, until it comes.” He said: We ask “until before”, and you say so? He said to him, this is a Nabatean expression, “much before Passover”. Rebbi Abin said, everybody agrees that he is permitted on Passover. Where do they disagree? The day before Passover. One of them says, until it passed, the other until it comes.

There, we have stated: “ ‘Until before Passover’, Rebbi Meïr says, until it comes, Rebbi Yose says, until it passed.” Rebbi Jeremiah asked before Rebbi Ze‘ira: The opinion of Rebbi Meïr seems inverted; the opinion of Rebbi Yose seems to be inverted. The opinion of Rebbi Yose seems inverted: There, he says “until all the elder possibilities are exhausted, until all the younger possibilities are exhausted,” and here, he says so? He said to him: Since Ben Azai and Ben Zoma died, the perseverers disappeared; no perseverer was there until Jeremiah appeared. Rebbi Abba, son of Rebbi Ḥiyya bar Abba, said, why does he needle him? Did not great mountains find this difficult, did not Rebbi Eleazar already ask before Rebbi Joḥanan, does not the opinion of Rebbi Meïr seem to be inverted? He said to him, it is not inverted, the Mishnah is inverted, for in the House of Rebbi they stated: “ ‘Until before Passover’, Rebbi Meïr says, until it passed, Rebbi Yose says, until it comes.” He said: We ask “until before”, and you say so? He said to him, this is a Nabatean expression, “much before Passover”. Rebbi Abin said, everybody agrees that he is permitted on Passover. Where do they disagree? The day before Passover. One of them says, until it passed, the other until it comes.

Rebbi Yose ben Rebbi Abun in the name of Rav: A proselyte, a freedman, and a disqualified priest are permitted priestly wives. What is the reason? Qualified men are warned against disqualified women and disqualified women against qualified men but not qualified women against disqualified men nor disqualified men against qualified women. Did we not state: “they should not take, should not take”, which teaches that the woman is warned through the man? They wanted to say, qualified women against disqualified men but it is only disqualified women against qualified men.

A proselyte came to Rebbi Yose and asked him, is it permitted to marry a bastard girl? He answered him, it is permitted. He continued and came to Rebbi Jehudah, who answered him, it is permitted but you should know that the children of such a man would be bastards before Heaven. He returned to Rebbi Yose and told him, since you knew that, why did you permit it to me at the start? He replied, I answered you what you asked me. Rebbi Yose said, the proselyte can be compared to cotton. If one wants to use it with wool it is permitted, with linen it is permitted.

A proselyte came to Rebbi Yose and asked him, is it permitted to marry a bastard girl? He answered him, it is permitted. He continued and came to Rebbi Jehudah, who answered him, it is permitted but you should know that the children of such a man would be bastards before Heaven. He returned to Rebbi Yose and told him, since you knew that, why did you permit it to me at the start? He replied, I answered you what you asked me. Rebbi Yose said, the proselyte can be compared to cotton. If one wants to use it with wool it is permitted, with linen it is permitted.

A proselyte came to Rebbi Yose and asked him, is it permitted to marry a bastard girl? He answered him, it is permitted. He continued and came to Rebbi Jehudah, who answered him, it is permitted but you should know that the children of such a man would be bastards before Heaven. He returned to Rebbi Yose and told him, since you knew that, why did you permit it to me at the start? He replied, I answered you what you asked me. Rebbi Yose said, the proselyte can be compared to cotton. If one wants to use it with wool it is permitted, with linen it is permitted.

Rebbi Jacob bar Aḥa said: There, they state that the one who disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies even from a married woman. Rebbi Tanḥum bar Pappus sent and asked Rebbi Yose about two cases from Alexandria, one involving an unmarried woman, the other a married woman. About the married woman, he wrote him: “A bastard shall not come into the Eternal’s congregation.” About the unmarried woman he wrote, be inventive, for your are not forewarned about the holy daughters of Israel. He said to Rebbi Mana, take and sign; he signed. He said to Rebbi Berekhiah, take and sign, but he did not agree. After they ended the session Rebbi Mana was standing with Rebbi Berekhiah and asked him, why did you not sign? He answered, did not Rebbi Jacob bar Aḥa say that there, they state that the one who disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies even from a married woman? He said, praised be the Merciful that I had not heard this doctrine, for if I had heard this doctrine I would not have signed and people would have said that the student disagrees with his teacher. Mar Uqban said, here, you say that the one who disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies from an unmarried woman, but about a married woman, nothing was said. The next morning he came and wanted to sign. He said to him, there is no space.

Rebbi Ḥiyya bar Abba went to Tyre. When he came before Rebbi Joḥanan, he asked him, what case did you handle? He said to him, a proselyte who had been circumcised but had not immersed himself. He asked him, why did you not injure him? Rebbi Joshua ben Levi told him, leave him alone, he acted correctly not to injure him. The argument of Rebbi Joshua ben Levi seems inverted. There, Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba, Rebbi Joshua ben Levi, in the name of Rebbi Gamliel ben Rebbi: The child is neither qualified nor disqualified but dirtied. And here, he says so? Did we not state: If a proselyte was circumcised but not immersed, immersed but not circumcised, everything depends on circumcision, the words of Rebbi Eliezer. Rebbi Joshua says, immersion also is necessary. But Rebbi Joshua ben Levi follows what Bar Qappara stated, as Bar Qappara stated: A proselyte who was circumcised but not immersed is qualified since there is no proselyte who did not immerse himself for his emission of semen. Is that not difficult? The cleansing from a minor impurity is counted for him for a major impurity? Rebbi Yose ben Abun said, since either one is for the holiness of Israel, it is counted for him.

“Rebbi Meïr says, bastards will not be purified in the future, since it is said: ‘The bastard will dwell in Ashdod’; one carried garbage to garbage and deviant to deviant. Rebbi Yose says, bastards will be purified in the future, since it is said: “I shall pour upon you pure water [and purify you].” Rebbi Meïr said to him, but it says only “from all your impurities and all your abominations I shall purify you.” Rebbi Yose said to him, if it had only said, “from all your impurities and all your abominations” and then stopped, I would have agreed with you. But since it adds “I shall purify you”, from bastardy. Rebbi Huna said in the name of Rav Joseph, practice in the future will not follow Rebbi Yose.

“Rebbi Meïr says, bastards will not be purified in the future, since it is said: ‘The bastard will dwell in Ashdod’; one carried garbage to garbage and deviant to deviant. Rebbi Yose says, bastards will be purified in the future, since it is said: “I shall pour upon you pure water [and purify you].” Rebbi Meïr said to him, but it says only “from all your impurities and all your abominations I shall purify you.” Rebbi Yose said to him, if it had only said, “from all your impurities and all your abominations” and then stopped, I would have agreed with you. But since it adds “I shall purify you”, from bastardy. Rebbi Huna said in the name of Rav Joseph, practice in the future will not follow Rebbi Yose.

“Rebbi Meïr says, bastards will not be purified in the future, since it is said: ‘The bastard will dwell in Ashdod’; one carried garbage to garbage and deviant to deviant. Rebbi Yose says, bastards will be purified in the future, since it is said: “I shall pour upon you pure water [and purify you].” Rebbi Meïr said to him, but it says only “from all your impurities and all your abominations I shall purify you.” Rebbi Yose said to him, if it had only said, “from all your impurities and all your abominations” and then stopped, I would have agreed with you. But since it adds “I shall purify you”, from bastardy. Rebbi Huna said in the name of Rav Joseph, practice in the future will not follow Rebbi Yose.

“Desecrated priest.” Following “from the sons of Cohanim, the family Ḥavaya, the family Haqqoṣ . . . they tried to find their genealogical documents; but they were not found and they were freed from priesthood. And the tiršata told them.” Why was he called hattiršata? Because they permitted him to drink of the wine. Hatiršata, “I was the king’s cup bearer.” “That they should not eat from what was dedicated as holy.” Therefore, from outside holy food they might eat? Rebbi Yose said, great is the permanence of the status quo ante Since they were used to eat there, they may also eat here. One understands there, as it is written: “Put up signposts for yourself.” What can one say here? Following him who said, they accepted tithes voluntarily. “Until a priest will be appointed for urim and tummim.” But were there any urim and tummim then, in the Second Temple? But [he is] like a person who says until the dead will be resurrected, until David’s son will come.

Rebbi Jacob bar Aḥa presented traditions: Of Rebbi Ḥanina and Rebbi Joshua ben Levi, one declares permissible and the other admits. He who declares permissible admits. But he who admits does not declare admissible. Rebbi Yose ben Rebbi Abun in the name of Rebbi Naḥman: Babylonia, as far as family pedigree is concerned, extends up to the yzq canal. Rebbi Yose ben Rebbi Abun said, of Rav and Samuel, one said up to the yzq canal, the other said up to the Wani canal. Rav Jehudah said, between the rivers is like Nahardea as far as family pedigree is concerned. Rebbi Ḥanina ben Beroqa in the name of Rav Jehudah: The people of Moesia are questionable only because of doubts of desecrated women. The Cohanim amongst them did not care about divorcees. There they said, Moesia is dead, Media sick, Elam and gbby dying. The maritime district is the purple-blue of Babylonia. Šny’,gbby’,and ṣrry are purple-blue of the maritime district.

Rebbi Jacob bar Aḥa presented traditions: Of Rebbi Ḥanina and Rebbi Joshua ben Levi, one declares permissible and the other admits. He who declares permissible admits. But he who admits does not declare admissible. Rebbi Yose ben Rebbi Abun in the name of Rebbi Naḥman: Babylonia, as far as family pedigree is concerned, extends up to the yzq canal. Rebbi Yose ben Rebbi Abun said, of Rav and Samuel, one said up to the yzq canal, the other said up to the Wani canal. Rav Jehudah said, between the rivers is like Nahardea as far as family pedigree is concerned. Rebbi Ḥanina ben Beroqa in the name of Rav Jehudah: The people of Moesia are questionable only because of doubts of desecrated women. The Cohanim amongst them did not care about divorcees. There they said, Moesia is dead, Media sick, Elam and gbby dying. The maritime district is the purple-blue of Babylonia. Šny’,gbby’,and ṣrry are purple-blue of the maritime district.

Rebbi Jacob bar Aḥa in the name of Rebbi Josia: The eleventh generation of bastards is qualified following Rebbi Simeon; he does not use [the principle of gezerah šawah for] “the tenth, the tenth.” It was stated: Rebbi Eleazar ben Rebbi Simeon says, in the eleventh generation of bastards, the males are forbidden but the females permitted. Rebbi Samuel ben Rebbi Yose ben Rebbi Abun said, it turns out that Rebbi Eleazar ben Rebbi Simeon follows the argument of Rebbi Meïr. As Rebbi Meïr said, a gezerah šawah is as if written in a verse, so Rebbi Eleazar ben Rebbi Simeon says, a gezerah šawah is as if written in a verse. Here also, the males are forbidden but the females permitted. In that case, even immediately? Only from the tenth onward.

HALAKHAH: Rebbi Jeremiah said, as a matter of principle, an Israel with an injured testicle may marry a female bastard. Rebbi Yose said, it applies only to family disabilities, not to bodily defects. The strength of Rebbi Yose comes from the statement of Rebbi Ḥilqiah, Rebbi Simon in the name of Rebbi Joshua ben Levi: One did state this only for an Israel with an injured testicle, but not a Cohen, since, as you say there, if he is certainly a Cohen he is forbidden to marry a convert; here also, he is certainly an Israel and forbidden to marry a female bastard.

HALAKHAH: Rebbi Jeremiah said, as a matter of principle, an Israel with an injured testicle may marry a female bastard. Rebbi Yose said, it applies only to family disabilities, not to bodily defects. The strength of Rebbi Yose comes from the statement of Rebbi Ḥilqiah, Rebbi Simon in the name of Rebbi Joshua ben Levi: One did state this only for an Israel with an injured testicle, but not a Cohen, since, as you say there, if he is certainly a Cohen he is forbidden to marry a convert; here also, he is certainly an Israel and forbidden to marry a female bastard.

“But for Levites or Israel one adds another generation.” Does it not turn out that one is more stringent for an Israel than for a Cohen? Rebbi Yose ben Abun said, in both cases the Sages demanded a fine so that everybody should cling to his tribe and family.

MISHNAH: One does not investigate from the altar and before, or from the podium and before. From every family whose ancestors were known as public officials and welfare administrators one marries into the priesthood; no investigation is necessary. Rebbi Yose says, also anybody signing as witness in the ancient archive of Sepphoris. Rebbi Ḥanina ben Antigonos says, also anyone who ever was registered in the king’s army.

MISHNAH: The daughter of a male desecrated priest is always disqualified for the priesthood. The daughter of an Israel who married a desecrated woman is qualified for the priesthood. The daughter of adesecrated priest who married an Israel woman is disqualified for the priesthood. Rebbi Jehudah says, the daughter of a male proselyte is like the daughter of a desecrated priest. Rebbi Eliezer ben Jacob said, the daughter of an Israel who married a proselyte is qualified for the priesthood and the daughter of a proselyte who married an Israel woman is qualified for the priesthood, but the daughter of a proselyte who married a proselyte is disqualified for the priesthood, both proselytes and freedmen, even for ten generations, unless the mother be from Israel. Rebbi Yose says, even the daughter of a proselyte who married a proselyte is qualified for the priesthood.

“Rebbi Eliezer ben Jacob says,” etc. There, we have stated: “Rebbi Eliezer ben Jacob says, the daughter of proselytes should not marry into the priesthood unless her mother be from Israel” They all interpret the same verse (Ez. 44:22): “Only virgins from the seed of the House of Israel.” Rebbi Jehudah says, unless his father be from Israel. Rebbi Eliezer ben Jacob says, either her father or her mother. Rebbi Yose says, unless they are born in the holiness of Israel. Rebbi Simeon says, unless they grow the hymen in the holiness of Israel. It was stated in the name of Rebbi Simeon: “A girl which became a proselyte being less than three years and one day of age is acceptable for the priesthood since it was said (Num. 31:18): ‘All the female children unfit for sleeping with a male you shall let live for yourselves,’ and Phineas was with them.” How do the rabbis explain? You shall let live as slaves and slave girls for yourselves.

Rebbi Yose, Rebbi Yasa in the name of Rebbi Joḥanan; Rebbi Jonah, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Practice follows Rebbi Yose. Ḥanin bar Abba in the name of Rav: Practice follows Rebbi Yose, but Cohanim are used to follow Rebbi Eliezer ben Jacob. A Cohen married the daughter of proselytes. The case came before Rebbi Abbahu who let him kneel before the low bench. Rebbi Bevai said to him, did the Rabbi not teach us that practice follows Rebbi Yose? He answered, but are not Cohanim used to follow Rebbi Eliezer ben Jacob? He retorted, Rebbi, does one whip because of what one is used to do? He said to him, if you look at it in such a way, you have appeased me and I shall let him get up. After he got up, he said to him, since the lash was withdrawn I am permitted to have her.

Rebbi Yose, Rebbi Yasa in the name of Rebbi Joḥanan; Rebbi Jonah, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Practice follows Rebbi Yose. Ḥanin bar Abba in the name of Rav: Practice follows Rebbi Yose, but Cohanim are used to follow Rebbi Eliezer ben Jacob. A Cohen married the daughter of proselytes. The case came before Rebbi Abbahu who let him kneel before the low bench. Rebbi Bevai said to him, did the Rabbi not teach us that practice follows Rebbi Yose? He answered, but are not Cohanim used to follow Rebbi Eliezer ben Jacob? He retorted, Rebbi, does one whip because of what one is used to do? He said to him, if you look at it in such a way, you have appeased me and I shall let him get up. After he got up, he said to him, since the lash was withdrawn I am permitted to have her.

Rebbi Yose, Rebbi Yasa in the name of Rebbi Joḥanan; Rebbi Jonah, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Practice follows Rebbi Yose. Ḥanin bar Abba in the name of Rav: Practice follows Rebbi Yose, but Cohanim are used to follow Rebbi Eliezer ben Jacob. A Cohen married the daughter of proselytes. The case came before Rebbi Abbahu who let him kneel before the low bench. Rebbi Bevai said to him, did the Rabbi not teach us that practice follows Rebbi Yose? He answered, but are not Cohanim used to follow Rebbi Eliezer ben Jacob? He retorted, Rebbi, does one whip because of what one is used to do? He said to him, if you look at it in such a way, you have appeased me and I shall let him get up. After he got up, he said to him, since the lash was withdrawn I am permitted to have her.

Rebbi Yose, Rebbi Yasa in the name of Rebbi Joḥanan; Rebbi Jonah, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Practice follows Rebbi Yose. Ḥanin bar Abba in the name of Rav: Practice follows Rebbi Yose, but Cohanim are used to follow Rebbi Eliezer ben Jacob. A Cohen married the daughter of proselytes. The case came before Rebbi Abbahu who let him kneel before the low bench. Rebbi Bevai said to him, did the Rabbi not teach us that practice follows Rebbi Yose? He answered, but are not Cohanim used to follow Rebbi Eliezer ben Jacob? He retorted, Rebbi, does one whip because of what one is used to do? He said to him, if you look at it in such a way, you have appeased me and I shall let him get up. After he got up, he said to him, since the lash was withdrawn I am permitted to have her.

HALAKHAH: “If somebody says, this my son is a bastard, he cannot be believed,” etc. There, we have stated: “If somebody said, this is my son, he is to be believed.” Rebbi Abbahu in the name of Rebbi Joḥanan: To give him, but not to take from him. Rebbi Yose said, is that not the Mishnah: “Even if both of them say about the fetus in her belly that he is a bastard, they cannot be believed”? Maybe it was said following Rebbi Jehudah, for Rebbi Jehudah said, they can be believed; Rebbi Abbahu in the name of Rebbi Joḥanan: To give him, but not to take from him. Rebbi Ḥizqiah said, still it is a baraita: “For he has to recognize the firstborn, the son of the hated one.” If they maintained that he was his son but at the moment of his death he said that he was not his son, he cannot be believed. That he was not his son but at the moment of his death he said that he was his son, he is believed. Some Tannaïm state on the first case that he is believed. Rebbi Ḥisqiah, Rebbi Zeriqan in the name of Rebbi Huna: If they maintained that he was from his slave girl, he is believed. If he was standing next to the customs collectors and said, he is my son, but later he said, he is my slave, he is believed. He is my slave, but later he said, he is my son, he is not believed. Some Tannaïm state, he is believed. Rebbi Mana said, because of those Samaritans who use their sons as slaves.

HALAKHAH: “Similarly, if a woman empowered her agent,” etc. Does this not disagree with Rebbi Joḥanan, since Rebbi Joḥanan said that a person invalidates agency by a declaration? He explains it by the stringency of the rules of adultery and incest. Rebbi Yose ben Rebbi Abun understood this from the latter part: “Similarly, if a woman empowered her agent to contract preliminary marriage for her and then went and contracted for herself.” Does this not disagree with Rebbi Joḥanan, since Rebbi Joḥanan said that a person invalidates agency by a declaration? He explains it by the stringency of the rules of adultery and incest.

HALAKHAH: “If somebody empowered his agent,” etc. It was stated: “If a man and a woman come from overseas; he says, she is my wife, and she says, he is my husband. One will not execute anybody because of her being a married woman. If they become generally known, one will execute because of her being a married woman.” How long does it take to be generally known? Rebbi Jonah, Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Up to thirty days. There, we have stated: “A toddler who is found near cake-dough with a piece of dough in his hand, Rebbi Meïr declares pure but the Sages declare it impure, for toddlers will slap their hands on cake-dough.” Does one burn because of general knowledge? Rebbi Yose in the name of Rebbi Ze‘ira: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan said, one executes because of general knowledge. Rebbi Simeon ben Laqish said, one does not execute because of general knowledge. Rebbi Yose ben Rebbi Abun in the name of Rebbi Ze‘ira: Everybody agrees that one executes because of general knowledge. Where do they disagree? About burning. Rebbi Joḥanan said, one executes because of general knowledge but one does not burn because of general knowledge. Rebbi Simeon ben Laqish said, since one executes because of general knowledge, one also burns because of general knowledge. And from where that one executes because of general knowledge? Rebbi Samuel, the son of Rebbi Yose ben Rebbi Abun said, it is written: “He who hits his father or his mother shall be put to death.” But is it certain that this one is his father? Is it not only general knowledge that he is his father? But it says, one executes. So here also one executes.

HALAKHAH: “If somebody empowered his agent,” etc. It was stated: “If a man and a woman come from overseas; he says, she is my wife, and she says, he is my husband. One will not execute anybody because of her being a married woman. If they become generally known, one will execute because of her being a married woman.” How long does it take to be generally known? Rebbi Jonah, Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Up to thirty days. There, we have stated: “A toddler who is found near cake-dough with a piece of dough in his hand, Rebbi Meïr declares pure but the Sages declare it impure, for toddlers will slap their hands on cake-dough.” Does one burn because of general knowledge? Rebbi Yose in the name of Rebbi Ze‘ira: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan said, one executes because of general knowledge. Rebbi Simeon ben Laqish said, one does not execute because of general knowledge. Rebbi Yose ben Rebbi Abun in the name of Rebbi Ze‘ira: Everybody agrees that one executes because of general knowledge. Where do they disagree? About burning. Rebbi Joḥanan said, one executes because of general knowledge but one does not burn because of general knowledge. Rebbi Simeon ben Laqish said, since one executes because of general knowledge, one also burns because of general knowledge. And from where that one executes because of general knowledge? Rebbi Samuel, the son of Rebbi Yose ben Rebbi Abun said, it is written: “He who hits his father or his mother shall be put to death.” But is it certain that this one is his father? Is it not only general knowledge that he is his father? But it says, one executes. So here also one executes.

HALAKHAH: “If somebody empowered his agent,” etc. It was stated: “If a man and a woman come from overseas; he says, she is my wife, and she says, he is my husband. One will not execute anybody because of her being a married woman. If they become generally known, one will execute because of her being a married woman.” How long does it take to be generally known? Rebbi Jonah, Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Up to thirty days. There, we have stated: “A toddler who is found near cake-dough with a piece of dough in his hand, Rebbi Meïr declares pure but the Sages declare it impure, for toddlers will slap their hands on cake-dough.” Does one burn because of general knowledge? Rebbi Yose in the name of Rebbi Ze‘ira: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan said, one executes because of general knowledge. Rebbi Simeon ben Laqish said, one does not execute because of general knowledge. Rebbi Yose ben Rebbi Abun in the name of Rebbi Ze‘ira: Everybody agrees that one executes because of general knowledge. Where do they disagree? About burning. Rebbi Joḥanan said, one executes because of general knowledge but one does not burn because of general knowledge. Rebbi Simeon ben Laqish said, since one executes because of general knowledge, one also burns because of general knowledge. And from where that one executes because of general knowledge? Rebbi Samuel, the son of Rebbi Yose ben Rebbi Abun said, it is written: “He who hits his father or his mother shall be put to death.” But is it certain that this one is his father? Is it not only general knowledge that he is his father? But it says, one executes. So here also one executes.

Rebbi Ḥizqiah, Rebbi Cohen in the name of Rav. It is forbidden to dwell in a city which has neither a medical man, nor a public bath, nor a court lashing and jailing. Rebbi Yose ben Rebbi Abun said, also it is forbidden to dwell in a city which has no vegetable garden. Rebbi Ḥizqiah, Rebbi Cohen in the name of Rav: Every person will have to justify himself for everything his eye saw and which he did not eat. Rebbi Eleazar took note of this statement and saved coins from which he ate every kind once a year.

Derivatives of the tooth. They wanted to say that if a cow ate barley, or a donkey ate leeks, or a dog licked olive oil, or a pig ate meat, all of these are derivatives of the tooth. Rebbi Isaac said, all these are of the essence of the tooth. But did we not state “derivatives of the tooth”? If it stepped on a skin full of oil, since its body enjoys anointing. As one says in general, the tooth eats and the body enjoys, so also here the body enjoys. Rebbi Jeremiah asked: If in walking if was disgorging grasses, what is the rule? Rebbi Yose said, just as one who puts a burning coal to the public domain, it causes damage as far as it moves. What does this mean? Rebbi Yose ben Rebbi Abun said, explain it if somebody puts a knife close to the public domain. As you say there, if the fire touches one side, it trembles in its entirety, so also here, a human touches on one side and trembles in his entirety. Rebbi Yose ben Rebbi Abun in the name of Rebbi Levi: If a pit is full of water and a small lamb fell in, if water enters its ears it trembles in its entirety, so here it trembles in its entirety. Rebbi Jeremiah asked: If in walking it tore out grasses with its body or its horns, what is the rule? Is this out of the ordinary? It is its common behavior.

Derivatives of the tooth. They wanted to say that if a cow ate barley, or a donkey ate leeks, or a dog licked olive oil, or a pig ate meat, all of these are derivatives of the tooth. Rebbi Isaac said, all these are of the essence of the tooth. But did we not state “derivatives of the tooth”? If it stepped on a skin full of oil, since its body enjoys anointing. As one says in general, the tooth eats and the body enjoys, so also here the body enjoys. Rebbi Jeremiah asked: If in walking if was disgorging grasses, what is the rule? Rebbi Yose said, just as one who puts a burning coal to the public domain, it causes damage as far as it moves. What does this mean? Rebbi Yose ben Rebbi Abun said, explain it if somebody puts a knife close to the public domain. As you say there, if the fire touches one side, it trembles in its entirety, so also here, a human touches on one side and trembles in his entirety. Rebbi Yose ben Rebbi Abun in the name of Rebbi Levi: If a pit is full of water and a small lamb fell in, if water enters its ears it trembles in its entirety, so here it trembles in its entirety. Rebbi Jeremiah asked: If in walking it tore out grasses with its body or its horns, what is the rule? Is this out of the ordinary? It is its common behavior.

Derivatives of the tooth. They wanted to say that if a cow ate barley, or a donkey ate leeks, or a dog licked olive oil, or a pig ate meat, all of these are derivatives of the tooth. Rebbi Isaac said, all these are of the essence of the tooth. But did we not state “derivatives of the tooth”? If it stepped on a skin full of oil, since its body enjoys anointing. As one says in general, the tooth eats and the body enjoys, so also here the body enjoys. Rebbi Jeremiah asked: If in walking if was disgorging grasses, what is the rule? Rebbi Yose said, just as one who puts a burning coal to the public domain, it causes damage as far as it moves. What does this mean? Rebbi Yose ben Rebbi Abun said, explain it if somebody puts a knife close to the public domain. As you say there, if the fire touches one side, it trembles in its entirety, so also here, a human touches on one side and trembles in his entirety. Rebbi Yose ben Rebbi Abun in the name of Rebbi Levi: If a pit is full of water and a small lamb fell in, if water enters its ears it trembles in its entirety, so here it trembles in its entirety. Rebbi Jeremiah asked: If in walking it tore out grasses with its body or its horns, what is the rule? Is this out of the ordinary? It is its common behavior.

Rebbi Yose said: This means that a person who injured another first has to pay even if he later becomes injured, as is written: “He who injures an animal has to pay for it,” he has to pay the diminution in value.

HALAKHAH: “Anything I am obligated to watch I did set up for damage claims,” etc. Rebbi Ḥiyya stated: This refers to cattle and pit. But he did not state “fire”. Rebbi Jeremiah said, the fire set up for damage claims? Rebbi Yose said, if the fire were [more than] damage claims, should he not accept warning according to this opinion and be whipped? How is this? The fire in setting up for damage claims he accepts [responsibility] for damages, suffering, medical costs, loss of earning power, shame.

New paragraph. “Properties not subject to the laws of misappropriation of sancta.” As it was stated: “These properties are acquired together with properties subject to the laws of misappropriation of sancta.” Rav Jehudah in the name of Samuel: This follows Rebbi Yose the Galilean, as it was stated: “ ‘He commits larceny before the Eternal,’ Rebbi Yose the Galilean says, this includes simple sancta. Ben Azzai says, this includes well-being sacrifices. Abba Yose ben Dosai says, Ben Azzai said this only for the firstling.” What is between them? He who says well-being sacrifices certainly include tithes. But he who says tithes excludes the firstling. “Rebbi Simeon says, both most holy and simple sancta; about any sancta for which he is responsible if alienated, I am reading ‘against his neighbor and he lied’; but about any sancta for which he is not responsible if alienated, I am reading ‘against the Eternal and he lied’ ”. Rav Huna said, both qualified and disqualified sancta, if he is responsible if alienated, even if they are for the Eternal, I am reading “against his fellow and he denied”, but if he is not responsible if alienated, I am reading “against the Eternal and he lied” but not “against his fellow and he lied”.

New paragraph. “Properties not subject to the laws of misappropriation of sancta.” As it was stated: “These properties are acquired together with properties subject to the laws of misappropriation of sancta.” Rav Jehudah in the name of Samuel: This follows Rebbi Yose the Galilean, as it was stated: “ ‘He commits larceny before the Eternal,’ Rebbi Yose the Galilean says, this includes simple sancta. Ben Azzai says, this includes well-being sacrifices. Abba Yose ben Dosai says, Ben Azzai said this only for the firstling.” What is between them? He who says well-being sacrifices certainly include tithes. But he who says tithes excludes the firstling. “Rebbi Simeon says, both most holy and simple sancta; about any sancta for which he is responsible if alienated, I am reading ‘against his neighbor and he lied’; but about any sancta for which he is not responsible if alienated, I am reading ‘against the Eternal and he lied’ ”. Rav Huna said, both qualified and disqualified sancta, if he is responsible if alienated, even if they are for the Eternal, I am reading “against his fellow and he denied”, but if he is not responsible if alienated, I am reading “against the Eternal and he lied” but not “against his fellow and he lied”.

New paragraph. “Properties not subject to the laws of misappropriation of sancta.” As it was stated: “These properties are acquired together with properties subject to the laws of misappropriation of sancta.” Rav Jehudah in the name of Samuel: This follows Rebbi Yose the Galilean, as it was stated: “ ‘He commits larceny before the Eternal,’ Rebbi Yose the Galilean says, this includes simple sancta. Ben Azzai says, this includes well-being sacrifices. Abba Yose ben Dosai says, Ben Azzai said this only for the firstling.” What is between them? He who says well-being sacrifices certainly include tithes. But he who says tithes excludes the firstling. “Rebbi Simeon says, both most holy and simple sancta; about any sancta for which he is responsible if alienated, I am reading ‘against his neighbor and he lied’; but about any sancta for which he is not responsible if alienated, I am reading ‘against the Eternal and he lied’ ”. Rav Huna said, both qualified and disqualified sancta, if he is responsible if alienated, even if they are for the Eternal, I am reading “against his fellow and he denied”, but if he is not responsible if alienated, I am reading “against the Eternal and he lied” but not “against his fellow and he lied”.

New paragraph. “Properties of people of the Covenant,” excluding cattle of a Jew which gored cattle of a Gentile. “Private property,” excluding ownerless property. “Except for property belonging solely to the person responsible for the damage” who cannot be sued. “But [the rules] apply to property common to the person suffering the damage and the person responsible for the damage.” Rebbi Jeremiah said, if it were stated “except for property belonging solely to the person responsible for the damage” and had stopped, I would have said that [responsibility applies] both to a common courtyard and to a courtyard belonging to neither party. Why did it state: “[the rules] apply to property common to the person suffering the damage and the person responsible for the damage”? [To indicate] that it applies to the unpaid trustee, the borrower, the paid trustee, and the renter. Rebbi Yose said, since it stated “except for property belonging solely to the person responsible for the damage”, would we not know that “[the rules] apply to property common to the person suffering the damage and the person responsible for the damage”? Why was it stated that “[the rules] apply to property common to the person suffering the damage and the person responsible for the damage”? To exclude a courtyard belonging to neither of them. Some Tannaїm state: A condominium courtyard is obligated, a courtyard belonging to neither of them is free. Some Tannaїm state: Even a courtyard belonging to neither of them is obligated. He who says, a condominium courtyard is obligated, a courtyard belonging to neither of them is free, for it is written: “the best of his fields.” But he who says, even a courtyard belonging to neither of them is obligated, for it is written: “It ravages another person’s field.”

HALAKHAH: “The wolf, and the lion, and the bear,” etc. It was stated: Rebbi Meїr says, also the hyena. Rebbi Yose ben Rebbi Abin said, Rebbi Meїr only said this for a male hyena which at times is as dangerous as a lion.

HALAKHAH: “Chickens are notorious,” etc. Rav Huna said, if it became tied by itself. But if he tied it, he pays full damages. It was stated: “If chickens scraped dough or fruit, or they pecked, he pays full damages. If they scraped dust on dough or on fruit, one pays half of the damages. If they were picking at a rope and the pail was separated or broke, he pays full damages. If one fell on another; for the uppermost he pays full damages; for the lower one half damages; it is not comparable to a pit at one place which causes damage at another place.” Rebbi Yose ben Rebbi Abun said, since it usually falls only into this cistern, it is as if it were his pit. It was stated: “If chickens fell in a garden, broke vegetables, and cut rosemary, he pays full damages. Symmachos said, for cutting he pays full damages, for breaking he pays half damages. If a chicken flew from one place to another and did damage with its body, he pays full damages. By the wind between its wings, he pays half damages; Symmachos says, full damages. If it blew at vessels and broke them, he pays full damages.

HALAKHAH: “How does he pay for what it benefited from,” etc. Rav said, if it bent its neck and ate, he pays for what it damaged. But did we not state: “From the door of a store, he pays what it benefited from; inside the store he pays for what it damaged”? How is that? Rebbi Yose ben Rebbi Abun said, explain it that a donkey carried lambs and when it passed by, they bent their necks and ate; from the door of a store, he pays what they benefited from; inside the store he pays for what they damaged. Rav said, if it ate barley, he pays for straw. But did not Rebbi Ḥiyya state and disagree? “Therefore, if it ate wheat which is bad for it, it is free. If it changed and ate, he pays full damages. What means ‘if it changed and ate, he pays full damages’? If somebody had his chest hanging on his back and a cow stretched out its neck and ate from it, [its owner] pays full damages. If a large container was at the entrance to a store, partially outside and partially inside; if a cow stretched its neck and ate from it, he pays full damages.”

“A dog stole a hot pitta.” Rebbi Simeon ben Laqish said, only if he lit every single ear of grain. Rebbi Joḥanan said, he is like a person who shoots an arrow from one place to another. Rebbi Isaac bar Tevelai said, a Mishnah supports Rebbi Simeon ben Laqish: “If a kid goat was bound to it and a slave was close by and was burned, he is obligated. If the slave was bound and the kid goat close by, he is free.” But if you say that he is not like a person who shoots an arrow from one place to another, then for the first ear he is guilty of a capital crime; for the remainder he should be liable for repayment. Rebbi Yose said, you also understand that from: “If his cattle set fire to a stack of sheaves on the Sabbath, he is obligated. But if he set fire to a stack of sheaves on the Sabbath, he is free.” But if you say that he is not like a person who shoots an arrow from one place to another, then should he not become obligated since for the remainder he should be liable for repayment. A person did put out a hot water bottle outside. A donkey passed by and broke it. The case came before Rebbi Isaac bar Tevelai, who said to him: He does not owe you anything. Not only that but if [the donkey] suffered damage, [you] would be obligated for its damages.