yose

HALAKHAH: “If he said to him, lend me,” etc. “Somebody exchanged a cow,” etc. Rebbi Joḥanan said, this contradicts Symmachos who says that in all cases of doubt one splits evenly. Rebbi La said, explain it if both of them say, I am certain. Rebbi Yose explained, if both of them say, I am certain, that is what Rebbi Joḥanan refered to when he said, this contradicts Symmachos’s words.

Rav Huna said, if it swept them away in their earth. Rebbi Yose ben Ḥanina said, the years of ‘orlah are their dispute.

HALAKHAH: “He who leases a dwelling to another person,” etc. It was stated: “Anywhere they mention 30 days or twelve months it does not mean that one has to dwell there 30 days or twelve months but notice must be given before 30 days or twelve months. An oil press, the entire period it is in use. A wine press, the entire period it is in use. A potter’s atelier no less than twelve months. Rebbi Yose said, when has this been said? For those who work with black earth. But one who works with white earth collects his stock and leaves.”

MISHNAH: He who leases a dwelling to another person by the year, if the year was intercalated, it was intercalated for the lessor. If he leased by the month, if the year was intercalated it was intercalated for the lessee. It happened in Sepphoris that a person leased a bathhouse from another for twelve gold denars per year, one gold denar per month. The case came before Rabban Simeon ben Gamliel and Rebbi Yose who said, they should split the intercalated month.

HALAKHAH: “One who contracts with another for a field,” etc. “One who contracts with another for a field,” etc. How much is “enough to make a pile”? Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: that the winnowing shovel can stand upright in it. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: only that its handle be on top. Rebbi Joshua ben Levi said: in addition to his expenses. Rebbi Yose ben Ḥanina said: in addition to the expenses of both of them. Rebbi Abbahu said: “for spreading”, to recover the seed grain which was spread on it.

HALAKHAH: “One who contracts with another for a field,” etc. “One who contracts with another for a field,” etc. How much is “enough to make a pile”? Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: that the winnowing shovel can stand upright in it. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: only that its handle be on top. Rebbi Joshua ben Levi said: in addition to his expenses. Rebbi Yose ben Ḥanina said: in addition to the expenses of both of them. Rebbi Abbahu said: “for spreading”, to recover the seed grain which was spread on it.

“In his time the hireling swears and takes.” Rebbi Simeon ben Laqish said, if he said: I paid. But if he said, I shall pay tomorrow: if then he said, I paid, he cannot be believed. Rebbi Yose ben Ḥanina said, even the next day, if he said, I paid, he is believed.

“If one of them recognized his stones, he takes them, and they are debited to his account.” Rebbi Hoshaia said, this means that the hand rules on one side. There, we have stated: “A hundred ṭevel in a hundred profane, he removes 101. A hundred ṭevel in a hundred tithe, he removes 101.” Rebbi Yose said, if you say that he takes 100, I would say that only profane came to his hand and the other remains ṭevel. So he takes 101 in order to separate heave and heave of the tithe from the ṭevel.

Those bearing columns. Rebbi Ze‘ira: He tells the bottom dweller, you are obliged to support me. Rebbi La: He tells the dweller in the upper floor, the builders say that both have to build the foundations. The following supports the builders: “If his ruined building was close to the wall of his neighbor’s courtyard, he should not tell him: I am contributing to the foundations of your wall where it comes up, but he has to contribute to the foundations from the bottom and up. If it was built on top of ditches or caves, he is not obligated for anything.” Rebbi Yose ben Rebbi Abun said, explain it, for example those inhabitants of Bet Shean where the bottom dweller cannot build unless the builder of the upper floor builds.

MISHNAH: The ground floor and the upper floor belong to two different persons; if the upper floor sprang a leak and the owner of the ground floor does not want to fix it, the owner of the upper floor descends and dwells below until he fixes the upper floor for him. Rebbi Yose says, the lower one gives the roofing and the upper one the roof covering.

“Rebbi Yose says, the lower one contributes the roofing and the upper one the roof covering,” etc. Rebbi Justus in the name of Rebbi Simeon ben Laqish:: The bottom dweller contributes the logs and the planks; the dweller on the upper floor contributes the roof covering. Which kind of roof covering? Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar: heavy roof covering. Rebbi Abbahu in the name of Rebbi Eleazar: medium roof covering, since they only spoke about rinsing cups. But if he wanted to wash clothing, also Rebbi Abbahu in the name of Rebbi Eleazar will agree that the roof covering has to be heavy. Rebbi Ḥanina instructed those of Sepphoris that both of them should contribute the logs and the plates since they expect to bring up there their wine and their produce.

MISHNAH: Somebody’s [property] surrounded another’s on three sides. If he fenced in the first, and the second, and the third sides, one does not hold [the other] liable. Rebbi Yose said, if the latter then fenced in the fourth side, one rolls everything over to him. If the wall of a courtyard collapsed, one obligates him to rebuild up to four cubits. There is a presumption that he gave, unless he brings proof that he did not give. Higher than four cubits one does not obligate him, but if he built an adjacent wall, even though he did not put on roofing, one rolls everything over to him. There is a presumption that he did not give, unless he brings proof that he gave.

“Rebbi Yose said, if the latter then fenced in the fourth side, one rolls everything over to him.” Rav Ḥuna said, one rolls over the length of the wall to him.

So far lengthwise. What about its width? Rebbi Nasa said, the wall of the courtyard is only made to save for him. They intended to say that if he wanted to make a roof, he cannot make a roof. Rebbi Yose ben Rebbi Abun said, explain it by his beams.

HALAKHAH: “One forces him to build,” etc. Rebbi La said: So it is; the way of a provident person is to build himself a wall, as it is said: “The wealth of the rich is the fortification of his might, etc.” It was stated: “If he stayed there for thirty days he is like the townspeople for the charity chest, for clothing six months, for assessments and penalties twelve months.” After all these, was twelve months said only for assessments and penalties? Rebbi Yose ben Rebbi Abun said for Passover wheat, both to take and to give.

Rebbi Joḥanan in the name of Rebbi Eleazar ben Rebbi Simeon. If anybody does not want to participate in an ‘eruv one enters his house and makes the ‘eruv against his will. But was it not stated: if he does not want to make an ‘eruv, if he does not refuse one enters his house and makes the ‘eruv against his will? Because he does not refuse. But not if he does refuse. But was it not stated: “The dwellers at a dead end alley may force one another to make a lath or a beam for the dead end alley.” Rebbi Yose ben Rebbi Abun said, not that he refused but out of ill-will he does not want to participate in an ‘eruv.

HALAKHAH: “A person may not dig a cistern,” etc. So is the Mishnah: “[A person may not dig a cistern close to the wall of his neighbor’s cistern. Nor a ditch, nor a cave, nor a water canal, nor a washer’s pond except if he distanced himself from his neighbor’s wall three handbreadths] and lined with lime. If he lined with lime, any distance. If he did not line with lime, three handbreadths. From the following: “One removes olive peat, and manure, and salt, and lime, and rocks from his neighbor’s wall three handbreadths or lines with lime.” Here you say, because rocks generate heat. But there you say that they do not generate heat. Rebbi Yose said, in no case do rocks generate heat. But because they loosen the earth and damage the ground around the wall.

HALAKHAH: “A person may not open,” etc. Rebbi Jacob bar Aḥa moved a preparer of fried food from one stall to another stall. One preparer of fried food was dwelling below [the apartment of] Rebbi Eudaimon the brother of Rebbi Yose. Rebbi Aḥa passed by and did not object. He said, the rabbis are passing by and do not object. Rebbi Aḥa got angry with him. Rebbi Eudaimon the brother of Rebbi Yose became seriously ill. Rebbi Yose came to visit him. He said, I shall go and ask him. He went and said, if a court had mercy on somebody would the court prepare shrouds for him?

HALAKHAH: “A person may not open,” etc. Rebbi Jacob bar Aḥa moved a preparer of fried food from one stall to another stall. One preparer of fried food was dwelling below [the apartment of] Rebbi Eudaimon the brother of Rebbi Yose. Rebbi Aḥa passed by and did not object. He said, the rabbis are passing by and do not object. Rebbi Aḥa got angry with him. Rebbi Eudaimon the brother of Rebbi Yose became seriously ill. Rebbi Yose came to visit him. He said, I shall go and ask him. He went and said, if a court had mercy on somebody would the court prepare shrouds for him?

HALAKHAH: “A person may not open,” etc. Rebbi Jacob bar Aḥa moved a preparer of fried food from one stall to another stall. One preparer of fried food was dwelling below [the apartment of] Rebbi Eudaimon the brother of Rebbi Yose. Rebbi Aḥa passed by and did not object. He said, the rabbis are passing by and do not object. Rebbi Aḥa got angry with him. Rebbi Eudaimon the brother of Rebbi Yose became seriously ill. Rebbi Yose came to visit him. He said, I shall go and ask him. He went and said, if a court had mercy on somebody would the court prepare shrouds for him?

A person sold his entire house; he reserved for himself one stone bench where he went and sat. The case came before Rebbi Jonah and Rebbi Yose. They said, it is not in your power to go and sit there and observe who comes and goes in his house. A person sold half his house; he reserved a bake shop for himself. The case came before Rebbi Jonah and Rebbi Yose. They said, you are coming to him; he is not coming to you, as it is stated: “If the barn or the store preceded the storage room, he cannot object.”

A person sold his entire house; he reserved for himself one stone bench where he went and sat. The case came before Rebbi Jonah and Rebbi Yose. They said, it is not in your power to go and sit there and observe who comes and goes in his house. A person sold half his house; he reserved a bake shop for himself. The case came before Rebbi Jonah and Rebbi Yose. They said, you are coming to him; he is not coming to you, as it is stated: “If the barn or the store preceded the storage room, he cannot object.”

“Nobody may object and tell him, I cannot sleep because of the noise of the hammer, or because of the noise of a grindstone, or because of the noise of children.” Those who teach boys and those who feed one another, their fellows may object to what they are doing, for he can tell him, they come and go here, they are looking for you and do not find you, and they increase traffic here. Those Sepphoreans can object to one another for nailing down their looms. Rebbi Abime bar Tobi instructed to put one loom between two walls. Rebbi Isaac bar Ḥaqula distanced a saw-horse four cubits from the wall. Rebbi Yose ben Abun said, those pillars which are weakened are weakened because of the force of shouts. The wall of Ḥoms fell before the noise of the Persians’ arrows.

HALAKHAH: “If somebody’s wall was,” etc. In the House of Rebbi Yannai they said, the Mishnah speaks of those coming first to settle in a new town. Rebbi La said, The Mishnah speaks of a sealed wall. Rebbi Yose said, the Mishnah speaks of a barricade wall. Rebbi Yose ben Rebbi Abun said, the Mishnah says so: “If there are windows, on top, from below, and on equal height, four cubits.” On top four cubits, lest he could stand and see; from below four cubits, lest he could stand and see; at equal hight lest he obscure the sides. This was stated: “One distances the wall from a window by the size of a window.”

HALAKHAH: “If somebody’s wall was,” etc. In the House of Rebbi Yannai they said, the Mishnah speaks of those coming first to settle in a new town. Rebbi La said, The Mishnah speaks of a sealed wall. Rebbi Yose said, the Mishnah speaks of a barricade wall. Rebbi Yose ben Rebbi Abun said, the Mishnah says so: “If there are windows, on top, from below, and on equal height, four cubits.” On top four cubits, lest he could stand and see; from below four cubits, lest he could stand and see; at equal hight lest he obscure the sides. This was stated: “One distances the wall from a window by the size of a window.”

Here, you say 50 cubits. But there, you say 30 stadia. Rebbi Yose ben Rebbi Abun said, they feed within fifty cubits; they fly even four mil.

MISHNAH: One distances a soaking pond from vegetables, and leeks from onions, and mustard from bees. Rebbi Yose permits mustard.

HALAKHAH: “One distances a soaking pond,” etc. It was stated: One distances an onion bed from leeks, but Rebbi Eleazar ben Rebbi Simeon permits it. Rebbi Jacob ben Dosai said, from these teachings [it follows] that mutually they have to distance themselves one from the other. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: Because the bees’ mouth becomes sharp and they destroy the honey.

MISHNAH: One distances a tree 25 cubits from a cistern, but carob tree and sycamore 50 cubits, whether on top or level. If the cistern existed before, he shall cut it down and pay for it; if the tree existed before, one shall not cut it down. Rebbi Yose said, even if the cistern existed before, one shall not cut it down since the one digs on his property and the other plants on his property. A person should not plant a tree next to another’s field unless he distanced himself from it by four cubits, whether vines or any other tree. If there was a wall between them, each one goes close to the wall. If its roots extended to another’s field, he lowers the roots three handbreadths in order not to hinder the plough. If one was digging a cistern, or a ditch, or a cavern, he cuts and excavates and the wood is his.

[Rebbi Yasa said in the name of Rebbi Joḥanan: Roots are irrelevant for First Fruits.] Rebbi Yose said, he said it correctly. For if he did say that roots are important, nobody could ever bring First Fruits since the roots of one enter the other’s ground and vice-versa. Therefore, Rebbi Yasa said in the name of Rebbi Joḥanan: Roots are irrelevant for First Fruits.

HALAKHAH: “The claim of undisturbed possession of houses, cisterns, ditches, and caverns,” etc. From where confirmation of claims of undisturbed possession? Rebbi Joḥanan said, we heard from those who went to Usha that they learned it from the notorious bull. Rebbi Yose said, who holds that a bull becomes notorious after three days? Not Rebbi Jehudah? As we stated there: “Rebbi Jehudah said, they said three years only for the case that if he is in Spain, he should be in possession for one year; they went and told him during one year, and he returns within one year.”

Rebbi Yose ben Ḥanina asked Rebbi Joḥanan: Must a protest be filed before a court? Rebbi Yose in the name of Rebbi Joḥanan: a protest does not have to be filed before a court. But some say, Rebbi Yose ben Ḥanina asked Rebbi Joḥanan’s student: Must a protest be filed before a court? Rebbi Ḥiyya in the name of Rebbi Joḥanan: a protest must be filed before a court. Samuel said, even if he protested against him in front of workers, it is a protest, but he has to protest in each one of the three years. Giddul ben Minyamin had a case; his judges were Ḥilqiah bar Tobi, Rav Huna, and Ḥiyya bar Rav. Ḥiyya bar Rav told them, so said my father: Once he protested the first three years, he is not required to protest further. It was stated thus: “If he ate it as his own for six years, he protested against him the first three years; then he said, you sold it to me, you gave it to me as a gift, there is no claim of undisturbed possession. Because of an initial claim it would have been a claim of undisturbed possession since any claim of undisturbed possession not accompanied by a claim of legal ownership is not a claim of undisturbed possession.” Samuel said, if it is so, nothing would be left for the great people of the Land of Israel.

Rebbi Yose ben Ḥanina asked Rebbi Joḥanan: Must a protest be filed before a court? Rebbi Yose in the name of Rebbi Joḥanan: a protest does not have to be filed before a court. But some say, Rebbi Yose ben Ḥanina asked Rebbi Joḥanan’s student: Must a protest be filed before a court? Rebbi Ḥiyya in the name of Rebbi Joḥanan: a protest must be filed before a court. Samuel said, even if he protested against him in front of workers, it is a protest, but he has to protest in each one of the three years. Giddul ben Minyamin had a case; his judges were Ḥilqiah bar Tobi, Rav Huna, and Ḥiyya bar Rav. Ḥiyya bar Rav told them, so said my father: Once he protested the first three years, he is not required to protest further. It was stated thus: “If he ate it as his own for six years, he protested against him the first three years; then he said, you sold it to me, you gave it to me as a gift, there is no claim of undisturbed possession. Because of an initial claim it would have been a claim of undisturbed possession since any claim of undisturbed possession not accompanied by a claim of legal ownership is not a claim of undisturbed possession.” Samuel said, if it is so, nothing would be left for the great people of the Land of Israel.

Rebbi Yose ben Ḥanina asked Rebbi Joḥanan: Must a protest be filed before a court? Rebbi Yose in the name of Rebbi Joḥanan: a protest does not have to be filed before a court. But some say, Rebbi Yose ben Ḥanina asked Rebbi Joḥanan’s student: Must a protest be filed before a court? Rebbi Ḥiyya in the name of Rebbi Joḥanan: a protest must be filed before a court. Samuel said, even if he protested against him in front of workers, it is a protest, but he has to protest in each one of the three years. Giddul ben Minyamin had a case; his judges were Ḥilqiah bar Tobi, Rav Huna, and Ḥiyya bar Rav. Ḥiyya bar Rav told them, so said my father: Once he protested the first three years, he is not required to protest further. It was stated thus: “If he ate it as his own for six years, he protested against him the first three years; then he said, you sold it to me, you gave it to me as a gift, there is no claim of undisturbed possession. Because of an initial claim it would have been a claim of undisturbed possession since any claim of undisturbed possession not accompanied by a claim of legal ownership is not a claim of undisturbed possession.” Samuel said, if it is so, nothing would be left for the great people of the Land of Israel.

Who informs? Rebbi Abba said, the witnesses to the death inform. Think of it, if the witnesses did not know! Rebbi Yose said, the field always is in the possession of its owner. From there on the burden of proof is on the claimant.

HALAKHAH: “The following count for a claim of undisturbed possession,” etc. Rebbi Eleazar said, co-owners usually permit chickens to one another. Rebbi Yose said, a Mishnah says otherwise: “Both of them are forbidden to put up there a grindstone or an oven, or to raise chickens there.” Rebbi Eleazar said, if somebody raised chickens in a courtyard which is not his, it is taking in possession. Rebbi Yose said, this is correct. As you take it, if he has permission to raise chickens there, he raises them. If he does not have permission to raise, it would be legally taking in possession.

HALAKHAH: “The following count for a claim of undisturbed possession,” etc. Rebbi Eleazar said, co-owners usually permit chickens to one another. Rebbi Yose said, a Mishnah says otherwise: “Both of them are forbidden to put up there a grindstone or an oven, or to raise chickens there.” Rebbi Eleazar said, if somebody raised chickens in a courtyard which is not his, it is taking in possession. Rebbi Yose said, this is correct. As you take it, if he has permission to raise chickens there, he raises them. If he does not have permission to raise, it would be legally taking in possession.

In the House of Rebbi Yannai they said, up to three steps it is like a chair. Rebbi La said in the name of the House of Rebbi Yannai, this was said referring to impurity. Rebbi Ḥizqiah said in the name of the House of Rebbi Yannai, this was said referring to rights of possession. Rebbi Yose in the name of the House of Rebbi Yannai, this was said referring to the Sabbath.

Rebbi Ḥiyya in the name of Rebbi Joḥanan: A vegetable bed which is six by six [handbreadths] and has its own name is not sold. Rebbi Joḥanan said: There is disagreement between Rebbi Ismael ben Rebbi Yose and the rabbis about one who bought an anvil sycamore on another’s property. Rebbi Ismael ben Rebbi Yose says, he acquired the land. The rabbis say, he did not acquire. Rebbi Ḥiyya bar Abba asked: If somebody sold all trees but reserved for himself an anvil sycamore. In the opinion of Rebbi Ismael ben Rebbi Yose, he acquired the land. In the opinion of the rabbis, he did not acquire the land. Rebbi Isaac bar Tebelai asked: If somebody sold all trees and an olive tree at place X, are all olive trees at that place sold? Rebbi Yudan ben Rebbi Ismael asked: If somebody bought three groups of reeds, did he buy the greatest cedar in the Land of Israel?

Rebbi Ḥiyya in the name of Rebbi Joḥanan: A vegetable bed which is six by six [handbreadths] and has its own name is not sold. Rebbi Joḥanan said: There is disagreement between Rebbi Ismael ben Rebbi Yose and the rabbis about one who bought an anvil sycamore on another’s property. Rebbi Ismael ben Rebbi Yose says, he acquired the land. The rabbis say, he did not acquire. Rebbi Ḥiyya bar Abba asked: If somebody sold all trees but reserved for himself an anvil sycamore. In the opinion of Rebbi Ismael ben Rebbi Yose, he acquired the land. In the opinion of the rabbis, he did not acquire the land. Rebbi Isaac bar Tebelai asked: If somebody sold all trees and an olive tree at place X, are all olive trees at that place sold? Rebbi Yudan ben Rebbi Ismael asked: If somebody bought three groups of reeds, did he buy the greatest cedar in the Land of Israel?

Rebbi Ḥiyya in the name of Rebbi Joḥanan: A vegetable bed which is six by six [handbreadths] and has its own name is not sold. Rebbi Joḥanan said: There is disagreement between Rebbi Ismael ben Rebbi Yose and the rabbis about one who bought an anvil sycamore on another’s property. Rebbi Ismael ben Rebbi Yose says, he acquired the land. The rabbis say, he did not acquire. Rebbi Ḥiyya bar Abba asked: If somebody sold all trees but reserved for himself an anvil sycamore. In the opinion of Rebbi Ismael ben Rebbi Yose, he acquired the land. In the opinion of the rabbis, he did not acquire the land. Rebbi Isaac bar Tebelai asked: If somebody sold all trees and an olive tree at place X, are all olive trees at that place sold? Rebbi Yudan ben Rebbi Ismael asked: If somebody bought three groups of reeds, did he buy the greatest cedar in the Land of Israel?

Rebbi Tanḥum from Kefar Gun in the name of Rebbi Eleazar ben Rebbi Yose: Four. One collects grasses from everywhere on condition that one not uproot. And one relieves himself behind a wall. Rebbi Eleazar ben Rebbi Yose in the name of Rebbi Tanḥum: Up to a place where he lets wind and is not heard. And one grazes in forests, even the tribe of Jehudah in the tribe of Naftali, and one gives Naftali an entire region South of the lake, as it is said, “lake and South of it he inherits,” the words of Rebbi Yose the Galilean. Rebbi Aqiba says, “lake” is Lake Samokhonites, “and South” is Lake Tiberias. And one may step to one side. Rav Jehudah in the name of Rav: Even into a field full of saffron. How? Does one have to pay or not? Since Rav Jehudah said, even into a field full of saffron, that means, one pays. Rebbi La said, since Rav Jehudah said, even into a field full of saffron, that means, one does not pay. But one cannot deviate more than necessary. Let us hear from the following: Rabban Gamliel and Rebbi Joshua were on the road [and stepped aside because of obstacles on the road] when they saw Jehudah ben Pappos, who was sinking, coming towards them. Rabban Gamliël said to Rebbi Joshua: Who is this one who makes an exhibition of himself? He answered: This is Jehudah ben Pappos, all whose deeds are done for Heaven’s sake.

Rebbi Tanḥum from Kefar Gun in the name of Rebbi Eleazar ben Rebbi Yose: Four. One collects grasses from everywhere on condition that one not uproot. And one relieves himself behind a wall. Rebbi Eleazar ben Rebbi Yose in the name of Rebbi Tanḥum: Up to a place where he lets wind and is not heard. And one grazes in forests, even the tribe of Jehudah in the tribe of Naftali, and one gives Naftali an entire region South of the lake, as it is said, “lake and South of it he inherits,” the words of Rebbi Yose the Galilean. Rebbi Aqiba says, “lake” is Lake Samokhonites, “and South” is Lake Tiberias. And one may step to one side. Rav Jehudah in the name of Rav: Even into a field full of saffron. How? Does one have to pay or not? Since Rav Jehudah said, even into a field full of saffron, that means, one pays. Rebbi La said, since Rav Jehudah said, even into a field full of saffron, that means, one does not pay. But one cannot deviate more than necessary. Let us hear from the following: Rabban Gamliel and Rebbi Joshua were on the road [and stepped aside because of obstacles on the road] when they saw Jehudah ben Pappos, who was sinking, coming towards them. Rabban Gamliël said to Rebbi Joshua: Who is this one who makes an exhibition of himself? He answered: This is Jehudah ben Pappos, all whose deeds are done for Heaven’s sake.

Rebbi Tanḥum from Kefar Gun in the name of Rebbi Eleazar ben Rebbi Yose: Four. One collects grasses from everywhere on condition that one not uproot. And one relieves himself behind a wall. Rebbi Eleazar ben Rebbi Yose in the name of Rebbi Tanḥum: Up to a place where he lets wind and is not heard. And one grazes in forests, even the tribe of Jehudah in the tribe of Naftali, and one gives Naftali an entire region South of the lake, as it is said, “lake and South of it he inherits,” the words of Rebbi Yose the Galilean. Rebbi Aqiba says, “lake” is Lake Samokhonites, “and South” is Lake Tiberias. And one may step to one side. Rav Jehudah in the name of Rav: Even into a field full of saffron. How? Does one have to pay or not? Since Rav Jehudah said, even into a field full of saffron, that means, one pays. Rebbi La said, since Rav Jehudah said, even into a field full of saffron, that means, one does not pay. But one cannot deviate more than necessary. Let us hear from the following: Rabban Gamliel and Rebbi Joshua were on the road [and stepped aside because of obstacles on the road] when they saw Jehudah ben Pappos, who was sinking, coming towards them. Rabban Gamliël said to Rebbi Joshua: Who is this one who makes an exhibition of himself? He answered: This is Jehudah ben Pappos, all whose deeds are done for Heaven’s sake.

HALAKHAH: “He who buys two trees on another’s property,” etc. (The words) [In the House of] Rebbi Yannai they said, what sees the shadow is root, what sees the sun is stem. Rebbi Ḥama bar Uqba in the name of Rebbi Yose: What grows from its roots and its stem is root, from its stem but not its roots is tree. Rebbi Joḥanan said, he who buys three trees buys the land in between them, under them, and outside of them the width of the harvester and his bag. Rebbi Eleazar said, while he has no access, he has the width of the harvester and his bag outside of them.

HALAKHAH: “If somebody says to another: I am selling you a bet kor of dust,” etc. Rebbi Yasa said in the name of Rebbi Joḥanan: Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it is in the middle, it is measured, at the side it is not measured. What is a side and what is in the middle? In the House of Rebbi Yannai they said, any place surrounded by a ploughed area is in the middle; any place not surrounded by a ploughed area is to the side. Rebbi Yose came in the name of Rebbi Joḥanan: If it was a majority on one side, but if you spread it, it becomes a smaller part, and it is measured with it. How wide? Rebbi Ḥaggai said, up to four cubits. Rebbi Yose ben Rebbi Abun said, up to ten handbreadths. If there was a depression ten handbreadths deep but less than four wide, what is the rule? Let us hear from the following, what Rebbi Yasa said in the name of Rebbi Joḥanan: “Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it was split, it is measured with it.” This means that if the greater part of it was on one side, but if you spread it, it becomes the smaller part and is not measured with it. If there was a long depression which added up to a bet rova‘? Rebbi Ḥiyya bar Abba asked: If it was shaped like sticks, is it measured with it or not? Rebbi Yudan bar Ismael asked: If it was like marble plates, is it measured with it or not? Rebbi Isaac bar Tebelai asked: If it was formed like chairs, does he measure from the place of its wall or does he measure from its declivity? Rav Huna in the name of Rav, [Rebbi] Ḥiyya in the name of Rebbi Joḥanan: Only if the total agricultural area was four bet kor.

HALAKHAH: “If somebody says to another: I am selling you a bet kor of dust,” etc. Rebbi Yasa said in the name of Rebbi Joḥanan: Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it is in the middle, it is measured, at the side it is not measured. What is a side and what is in the middle? In the House of Rebbi Yannai they said, any place surrounded by a ploughed area is in the middle; any place not surrounded by a ploughed area is to the side. Rebbi Yose came in the name of Rebbi Joḥanan: If it was a majority on one side, but if you spread it, it becomes a smaller part, and it is measured with it. How wide? Rebbi Ḥaggai said, up to four cubits. Rebbi Yose ben Rebbi Abun said, up to ten handbreadths. If there was a depression ten handbreadths deep but less than four wide, what is the rule? Let us hear from the following, what Rebbi Yasa said in the name of Rebbi Joḥanan: “Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it was split, it is measured with it.” This means that if the greater part of it was on one side, but if you spread it, it becomes the smaller part and is not measured with it. If there was a long depression which added up to a bet rova‘? Rebbi Ḥiyya bar Abba asked: If it was shaped like sticks, is it measured with it or not? Rebbi Yudan bar Ismael asked: If it was like marble plates, is it measured with it or not? Rebbi Isaac bar Tebelai asked: If it was formed like chairs, does he measure from the place of its wall or does he measure from its declivity? Rav Huna in the name of Rav, [Rebbi] Ḥiyya in the name of Rebbi Joḥanan: Only if the total agricultural area was four bet kor.

Rebbi Joshiah said, the Land was distributed to those who left Egypt, as it is written: “By the names of the fathers’ tribes they shall inherit.” Then why does the verse say: “To those”? Only because of women and because of children. Rebbi Joḥanan said, the Land was distributed to those who entered the Land, as it was said, “to those it shall be distributed.” Then why does the verse say: “By the names of the fathers’ tribes”? This inheritance was different from all other inheritances in the world. For in all other inheritances in the world the living inherit from the dead but here the dead from the living. It was stated: Rebbi Joshua ben Qorha said, the Land was distributed to those who left Egypt and to those who stood in the plains of Moab. How is that? If one was both of those who left Egypt and those who stood in the plains of Moab, he took two parts. Of those who left Egypt but not of those who stood in the plains of Moab, or of those who stood in the plains of Moab but not of those who left Egypt, he took one part. The daughters of Zelophehad took five parts: their part with those who left Egypt and their part with those who stood in the plains of Moab. And because he was a firstborn they took two parts. And their father’s part among his brothers. Rebbi Yose said, the Mishnah says otherwise. But “giving you shall give them inheritance among their father’s brothers.” That is what is written: “Ten measures fell to Manasseh”.

“And he shall inherit from her.” I could think that just as he inherits from her, she should inherit from him. The verse says, “from her.” He inherits from her, she does not inherit from him. Rebbi Joḥanan said, the words of the Sages are that her father inherits from her, her brothers inherit from her. Rebbi Abba bar Mamal objected: If you say that the inheritance status of a woman is not from the Torah, should he not inherit from his preliminarily wedded wife? As you say there, “the one close to him,” not the preliminarily wedded one, so also here, “the one close to him,” not the preliminarily wedded one. Rav Hamnuna objected: If you say that a woman does not inherit by the word of the Torah, should not the husband inherit the expectancy like existing property? Rebbi Yose said, so did Rebbi teach: The husband does not take the expectancy like that which is at hand. Rebbi Yose ben Rebbi Abun said, there is the first-born whose inheritance is from the Torah but he does not take the expectancy like that which is at hand.

“And he shall inherit from her.” I could think that just as he inherits from her, she should inherit from him. The verse says, “from her.” He inherits from her, she does not inherit from him. Rebbi Joḥanan said, the words of the Sages are that her father inherits from her, her brothers inherit from her. Rebbi Abba bar Mamal objected: If you say that the inheritance status of a woman is not from the Torah, should he not inherit from his preliminarily wedded wife? As you say there, “the one close to him,” not the preliminarily wedded one, so also here, “the one close to him,” not the preliminarily wedded one. Rav Hamnuna objected: If you say that a woman does not inherit by the word of the Torah, should not the husband inherit the expectancy like existing property? Rebbi Yose said, so did Rebbi teach: The husband does not take the expectancy like that which is at hand. Rebbi Yose ben Rebbi Abun said, there is the first-born whose inheritance is from the Torah but he does not take the expectancy like that which is at hand.

MISHNAH: One who writes his properties over to his sons must write: “from today and after my death,” the words of Rebbi Jehudah. Rebbi Yose said, it is unnecessary. If one writes his properties over to his son for the time after his death, the father cannot sell them because they are written over to the son; the son cannot sell because they are in the father’s possession. If the father sold, they are sold until he dies. If the son sold, the buyer has no claim until the father dies. The father harvests and feeds anybody he pleases; what becomes part of his estate belongs to the heirs.

HALAKHAH: “One who writes his properties over to his sons,” etc. Rebbi Simeon ben Yaqim brought a case before Rebbi Joḥanan. “From today after his death,” his gift is a gift. “From today and after death” it is no bill of divorce. The colleagues say, so he told him: this is no condition. Rebbi Yose ben Rebbi Abun said, so he told him: It applies neither to bills of divorce nor to gifts. Rebbi La said, for a gift; since he said “from today”, the gift is clear. Why did he write “after death”? To reserve the yield to himself. But in bills of divorce, since he wrote “from today” in the bill, it would be a separation. Why did he write “after death”? To reserve her body to himself. Rebbi Abun bar Cahana said before Rebbi La, not to reserve her earnings for himself? He answered, we do not find a woman married to one man and her earnings belonging to another. Rebbi Ze‘ira confirmed him and called him “son of the Torah.”

One who said, my property should be given to X, if X died to Y, if Y died to Z. The one who was mentioned earlier receives the property earlier. If the second died during the first’s lifetime, the first one has the usufruct; when he dies the property reverts to heirs of the bequeather. If the third died during the second’s lifetime, the first one has the usufruct; when he dies the property reverts to heirs of the bequeather. If both the second and the third die during the first’s lifetime, the first has the usufruct and acquired the real estate, the words of Rebbi. Rabban Simeon ben Gamliel said, he only has the usufruct. Ḥizqiah said, practice follows Rebbi. Rebbi Yannai said, Rebbi agrees that he cannot dispose of it by a death-bed will. Rebbi Joḥanan said, not even as a gift from a healthy person. As in the following: A woman wrote her properties over to a certain man. She needed money and sold it to her husband. Rebbi Ḥiyya bar Madia brought the case before Rebbi Yose. Did not Rebbi Yannai say, Rebbi agrees that he cannot dispose of it by a death-bed will? Rebbi Joḥanan said to him, is that not the gift of a healthy person? Since the husband of this woman is obligated to provide for her food, is that not like a death-bed will? So far, he is obligated to provide for her bread and legumes. Maybe eggs? Maybe chicken? Since it was stated that the first has the usufruct and acquired the real estate, that means that she may sell the property even in order to eat delicacies. Rebbi Aḥa bar Jacob said, it was stated there that her burial is part of her upkeep. If she did not have a burial site, since it was stated that the first has the usufruct and acquired the real estate, it means that he may sell the real estate and acquire a burial site.

Rebbi Yose said: About those who write, “if she hates, if she is hated”. This is a stipulation about money; the rabbis upheld it.

Rebbi Ḥanina said, if somebody definitively married off his son in a house, the latter acquired it. Rebbi Hoshaia stated, the house but not the movables. Rebbi La divided the dining hall between himself and his son. Rebbi Ḥaggai asked Rebbi Yose: If the ceremony was in the bedroom but the wedding party was in the dining room, what is the rule? He told him, one does not see him leaving.

Rebbi Joshua ben Levi said: One divides for the underaged because of the adults. But if the underaged found something additional and protested? Rebbi Abbahu said, they have to swear for them. Rebbi Mana said, everywhere the burden of proof is on the claimant except in this case. The Great Rebbi Ḥiyya says, without contract brothers are co-owners up to three generations. Rebbi [Yose] bar Abun said, also Rav Hamnuna did instruct in this sense.

Rebbi Yose ben Rebbi Abun said, he looked for a pretext to curse them since they were sowing saffron in a vineyard.

Ḥizqiah said, only for leniency. If the witnesses’ handwriting was small and the text large, one follows the large. If the witnesses’ handwriting was large and the text small, one follows the small. Rebbi Isaac says: If his name was, e. g., Yose ben Yannai one estimates as if it were Melekh ben Melekh.

Rebbi Idi in the name of Rebbi Jeremiah: One has to expand two lines from an erasure. Rebbi Isaac said, even for a simple document. Rav said, an erasure or an insertion must be confirmed in writing. Rav said, “this is its confirmation”. Rebbi Abbahu in the name of Rebbi Isaac ben Haqula: Any erasure has to be given a maximal interpretation. What means, any erasure has to be given a maximal interpretation? Rebbi Yasa the fuller, son-in-law to Rebbi Yose, in the name of Rebbi Yose: “Contract” is written on top, “contract” erased below. I am saying, they decided to make it an unconditional preliminary marriage. They erased it in order not to make an insertion in the document, because the rabbis are suspicious of insertions in documents.

Rebbi Idi in the name of Rebbi Jeremiah: One has to expand two lines from an erasure. Rebbi Isaac said, even for a simple document. Rav said, an erasure or an insertion must be confirmed in writing. Rav said, “this is its confirmation”. Rebbi Abbahu in the name of Rebbi Isaac ben Haqula: Any erasure has to be given a maximal interpretation. What means, any erasure has to be given a maximal interpretation? Rebbi Yasa the fuller, son-in-law to Rebbi Yose, in the name of Rebbi Yose: “Contract” is written on top, “contract” erased below. I am saying, they decided to make it an unconditional preliminary marriage. They erased it in order not to make an insertion in the document, because the rabbis are suspicious of insertions in documents.

MISHNAH: If somebody paid off part of his debt, deposited his bond with a third party, and told him, if I have not paid him by date x, return the bond to him. If the time has passed while he did not pay, Rebbi Yose says, he shall return it; Rebbi Jehudah says, he shall not return it. If somebody’s bond became illegible, he presents witnesses about it to the court and they confirm for him: The bond of Mr. X, son of Mr. Y, dated from day Z became illegible; U and V were his witnesses.

HALAKHAH: “One writes a document of indebtedness,” etc. It was stated, forfaits. Rebbi Abbahu collected, Rebbi Aḥa collected, Rebbi Immi collected. Rebbi Jonah and Rebbi Yose did not collect. Rebbi Mana said, even though Rebbi Yose did not collect forfaits, he agrees if one gave his son to artisans and they mutually agreed to forfaits, he collects.

HALAKHAH: “One writes a document of indebtedness,” etc. It was stated, forfaits. Rebbi Abbahu collected, Rebbi Aḥa collected, Rebbi Immi collected. Rebbi Jonah and Rebbi Yose did not collect. Rebbi Mana said, even though Rebbi Yose did not collect forfaits, he agrees if one gave his son to artisans and they mutually agreed to forfaits, he collects.

MISHNAH: If somebody paid off part of his debt, Rebbi Jehudah said, he shall exchange [his bond], but Rebbi Yose said, he shall write a receipt. Said Rebbi Jehudah, but then this one must guard his receipt from the rats! Rebbi Yose answered him, that comes to him rightly, not to impair the other one’s rights.

MISHNAH: If somebody paid off part of his debt, Rebbi Jehudah said, he shall exchange [his bond], but Rebbi Yose said, he shall write a receipt. Said Rebbi Jehudah, but then this one must guard his receipt from the rats! Rebbi Yose answered him, that comes to him rightly, not to impair the other one’s rights.

Rav said, one has to mention the earlier date in the second document. But Samuel said, one does not have to mention the earlier date in the second document. Rebbi Ḥiyya stated, one does not have to mention the earlier date in the second document. Rebbi Joḥanan asked, if one had to mention the earlier date in the second document, would Rebbi Yose have said, “that comes to him rightly, not to impair the other one’s rights”?

MISHNAH: Two brothers, one poor and one rich, to whom their father left a bath house and an olive press. If they were built to be rented out, the rental fees are common property. If he built them for his own use, the rich one tells the poor, buy yourself slaves and have them bathe in the bathhouse, buy yourself olives and process them in the olive press. If two people lived in the same town, both called Yose ben Simeon, they cannot write a bond one on the other or a third party on one of them. If somebody found between his bonds a bond of Yose ben Simeon which was paid off, the bonds of both of them are paid off. What can they do? They write three generations. If their names were identical for three generations, they should write a characteristic mark. If they had identical charateristic marks, they should write “Cohen”. If somebody said to his son, a bond among my bonds is paid, but it is not known which one it is, all his bonds are paid. If one finds there two [bonds] given by the same [debtor], the larger one is paid, the smaller one is not paid.

MISHNAH: Two brothers, one poor and one rich, to whom their father left a bath house and an olive press. If they were built to be rented out, the rental fees are common property. If he built them for his own use, the rich one tells the poor, buy yourself slaves and have them bathe in the bathhouse, buy yourself olives and process them in the olive press. If two people lived in the same town, both called Yose ben Simeon, they cannot write a bond one on the other or a third party on one of them. If somebody found between his bonds a bond of Yose ben Simeon which was paid off, the bonds of both of them are paid off. What can they do? They write three generations. If their names were identical for three generations, they should write a characteristic mark. If they had identical charateristic marks, they should write “Cohen”. If somebody said to his son, a bond among my bonds is paid, but it is not known which one it is, all his bonds are paid. If one finds there two [bonds] given by the same [debtor], the larger one is paid, the smaller one is not paid.

HALAKHAH: “Similarly did Rabban Simeon ben Gamliel say,” etc. The father-in-law of Rebbi Ḥaggai’s daughter was guarantor for Rebbi Ḥaggai’s daughter’s ketubah. She turned out to be a spendthrift. The case came before Rebbi Aḥa, who said that he would have to make a vow not to have usufruct. Rebbi Yose said, he does not have to make a vow not to have usufruct. The colleagues said before Rebbi Yose, but if he would take her back, the creditor would come and seize it. He said, he would not take her back. But it could be transformed into movables or paraphernalia which the creditors could not seize. The case was decided following Rebbi Aḥa.

HALAKHAH: “Similarly did Rabban Simeon ben Gamliel say,” etc. The father-in-law of Rebbi Ḥaggai’s daughter was guarantor for Rebbi Ḥaggai’s daughter’s ketubah. She turned out to be a spendthrift. The case came before Rebbi Aḥa, who said that he would have to make a vow not to have usufruct. Rebbi Yose said, he does not have to make a vow not to have usufruct. The colleagues said before Rebbi Yose, but if he would take her back, the creditor would come and seize it. He said, he would not take her back. But it could be transformed into movables or paraphernalia which the creditors could not seize. The case was decided following Rebbi Aḥa.

“Ben Nannas said to him,” etc. Rebbi Yasa in the name of Rebbi Joḥanan: Even though Rebbi Ismael praised Ben Nannas, he praised him only for his argument. But [practice] does not follow Ben Nannas. Simeon bar Abba in the name of Rebbi Joḥanan: Also in the case of the strangled person practice follows Rebbi Ismael. Rebbi Yose said, one infers from here that a person who caught another in the market place, when a third person came and said, let him go and I shall give, collects from the one but does not collect from the other.

Do not robberies and injuries fall under the same rules? It was found that Rebbi Simeon ben Ioḥai stated: These are the procedures which you shall put before them. It serves to explain to you the plain sense of the verse. This follows Rebbi Yose bar Ḥalaphta.

Rebbi Yose bar Ḥalaphta, when two people came before him for judgment and told him, “on condition that you judge us by the law of the Torah,” told them, “the law of the Torah I do not know, but He Who knows thoughts should collect from those people. You have to accept what I shall tell you.”

Judgments were rendered by Rav alone, by Rav Aḥa alone, by Rebbi Jonah and Rebbi Yose by themselves.

It was stated: Rebbi Eliezer ben Rebbi Yose the Galilean says, the person who arranges a compromise is sinning, and the one who praises a compromiser is like a blasphemer before the Omnipresent, as it is said: he who blesses a compromiser slanders the Eternal! The law should pierce the mountain, as Moses did. But Aaron promoted peace, as it is said, in peace and straightness he went with Me.

“The rapist and the seducer,” etc. Rebbi Mana said, they disagree about the preliminarily married adolescent female. Rebbi Meïr says, she loses her ketubah in a court of three and is stoned in a court of 23; but the Sages say, at the same place which sentences her to be stoned she loses her ketubah. But in the case of the calumniator, everybody agrees that by the court in which the witnesses are stoned, the husband is flogged and pays 100 tetradrachmas. Rebbi Yose ben Rebbi Abun said to him, would they differ where it was not stated? But they differ about the calumniator! Rebbi Meïr says, he is flogged and pays 100 tetradrachmas by the judgment of three and the witnesses are stoned by the judgment of 23; but the rabbis say, by the court in which the witnesses are stoned, the husband is flogged and pays 100 tetradrachmas. But in the case of the preliminarily married adolescent female, everybody agrees that at the same place which sentences her to be stoned she loses her ketubah. It turns out that Rebbi Mana follows Rebbi Ze‘ira and Rebbi Yose ben Rebbi Abun follows Rebbi Abbahu.

“The rapist and the seducer,” etc. Rebbi Mana said, they disagree about the preliminarily married adolescent female. Rebbi Meïr says, she loses her ketubah in a court of three and is stoned in a court of 23; but the Sages say, at the same place which sentences her to be stoned she loses her ketubah. But in the case of the calumniator, everybody agrees that by the court in which the witnesses are stoned, the husband is flogged and pays 100 tetradrachmas. Rebbi Yose ben Rebbi Abun said to him, would they differ where it was not stated? But they differ about the calumniator! Rebbi Meïr says, he is flogged and pays 100 tetradrachmas by the judgment of three and the witnesses are stoned by the judgment of 23; but the rabbis say, by the court in which the witnesses are stoned, the husband is flogged and pays 100 tetradrachmas. But in the case of the preliminarily married adolescent female, everybody agrees that at the same place which sentences her to be stoned she loses her ketubah. It turns out that Rebbi Mana follows Rebbi Ze‘ira and Rebbi Yose ben Rebbi Abun follows Rebbi Abbahu.

Rebbi Abbahu asked: Following Rebbi Meïr, should an ox which is stoned have to pay damages by a court of three and be stoned by 23? Rebbi Yose ben Rebbi Abun told him, the rules of an ox which is stoned are all about money; it is a decision of the verse that it should be stoned.

Rebbi Simeon ben Ioḥai stated: You shall sanctify the Fiftieth Year. You shall sanctify years but not months. But did we not state: “The president of the court says: sanctified”? What means sanctified? Confirmed. It was stated: For sanctifying months one starts with the most senior person. Rebbi Ḥiyya bar Ada said, the Mishnah says this: “The president of the court says: sanctified.” It was stated, for intercalation of the (month) [year] one starts from the side. Rebbi Zebida said, but this lower house do not proceed in this way, for they did not hear what Rebbi Ḥiyya bar Marius and Rebbi Jonah, Rebbi Abba bar Ḥiyya said in the name of Rebbi Joḥanan: For lengthening the month one starts with the most senior person, for intercalating the year one starts from the side. When Rebbi Joḥanan was participating as the most junior person, they told him, say: “this year is sanctified in its intercalation.” He said, “this year is sanctified in intercalation.” Rebbi Jonathan said, look at the language which the smith’s son taught us. If he had said, “in its intercalation,” I would have said that this refers to the eleven days by which the solar year exceeds the lunar one, but [he said] “in intercalation”, that the Sages added thirty days to it. Rebbi Jacob bar Aḥa, Rebbi Yasa in the name of Rebbi Joḥanan: For intercalation one follows the date of ordination. In the Academy one follows usage; each one gives his opinion at his place and sums up. For example, Rebbi Ḥanina started, Rebbi Joḥanan and Rebbi Simeon ben Laqisch summed up. Rebbi Abba bar Zavda started, Rebbi Yasa and Rebbi Immi summed up. Rebbi Ḥaggai started, Rebbi Jonah and Rebbi Yose summed up. Rebbi Cahana was ordained before Rebbi Jacob bar Aḥa, but Rebbi Jacob bar Aḥa participated in intercalation before Rebbi Cahana was invited. He said, the person who formulated the tradition does not respect it for himself.

“One does not intercalate a year unless it be missing most of a month. How much is most of a month? 16 days. Rebbi Jehudah says two thirds of a month, 21 days.” Rebbi Samuel bar Naḥman said, only that the ˋOmer should be brought at the end of Nisan of equinoxes. Rebbi Yose said, before Passover. Rav Mattaniah said, only that lulav be taken at the end of Tishre of equinoxes.

Some Tannaïm state: “One does not intercalate because of impurity.” Rebbi Yose says, one intercalates, since we find that Hezekiah intercalated because of the impurity, as it is said: For most of the people from Ephraim, Manasse, Issachar, and Zevulun had not been purified, for they ate the Passover contrary to what is written, for Hezekiah had prayed, saying, the Eternal, the Benevolent, will pardon this. Rebbi Simeon says, even though he intercalated Nisan, it was Adar which was intercalated. Rebbi Simeon ben Jehudah said in the name of Rebbi Simeon: Hezekiah forced the community to celebrate the Second Passover.”

“When they sanctified the year at Usha, on the first day Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa, led and recited following the opinion of Rebbi Joḥanan ben Nuri. Rabban Simeon ben Gamliel said, we did not follow this at Jabneh. On the second day, Rebbi Ḥananiah, the son of Rebbi Yose the Galilean, led and recited following Rebbi Aqiba. Rabban Simeon ben Gamliel said, this we did follow at Jabneh.” But does this not mean that they sanctified it on the first and the second day? Rebbi Zeˋira in the name of Rav Ḥisda: That year was disorganized. What is “on the first, on the second”? Rav Abba in the name of Rav: The first year, the second year! But was it not stated: the first day, the second day?

Rebbi Joḥanan said, if somebody redeemed Temple dedications for more than their worth, it is redeemed. But if somebody redeemed Second Tithe for more than its worth, it is not redeemed. What is the difference between dedications and Second Tithe? Rebbi La said, dedications have claimants, Second Tithe has no claimant. Rebbi Jonah asked, that is following him who says that it is not his property. But for him who says it is his property, what is the difference between dedications and Second Tithe? Rebbi Yose said, the reason has already been explained: dedications have claimants, Second Tithe has no claimant.

Rebbi Joḥanan said, if somebody redeemed Temple dedications without adding its fifth it is redeemed. But if somebody redeemed Second Tithe dedications without adding its fifth, it is not redeemed. What is the difference between dedications and Second Tithe? Rebbi La said, because a person usually adds to his dedications. Rebbi Jonah asked, that is following him who says that it is not his property. But for him who says it is his property, what is the difference between Second Tithe and dedications? Rebbi Yose said, did you not already give the reason? Because a person usually adds to his dedications.

It was stated: One does not make public tender for slaves, securities, and movables. [What is public tender?] Rebbi Jehudah ben Pazi said, announcement. Ulla bar Ismael said, slaves lest they flee, securities and movables lest they be stolen. Rebbi Abba bar Cohen asked before Rebbi Yose: Does this not imply that a slave be redeemed in front of three people? He answered him, yes. But did we not state: “Real estate nine and a Cohen. The same holds for humans”? He answered him, but the human here is a free person. Ḥanania bar Šelemiah in the name of Rav: A case came before Rebbi who wanted to act following the rabbis. Rebbi Eleazar ben Proteus, the grandson of Rebbi Eleazar ben Proteus, said to him: Rebbi, did you not teach us in your grandfather’s name, “except if he offered public tender”? He answered, yes, changed his mind, and acted following Rabban Gamliel.

“Capital crimes [are judged] by 23.” Rebbi Abbahu asked: Following Rebbi Meïr, should an ox which is stoned have to pay damages by a court of three and be stoned by 23? Rebbi Yose ben Rebbi Abun told him, the rules of an ox which is stoned are all about money; it is a decision of the verse that it should be stoned.

Rebbi Abbahu said, Rebbi Joḥanan and Rebbi Simeon ben Laqush disagreeed. One said, one builds and afterwards one dedicates. The other one said, one dedicates and afterwards one builds. For him who says, one builds and afterwards one dedicates, one does not say that the partitions are as if built up. If one desires to add to the Temple Hall, by which means does one add? By the two loaves. Does one dedicate on a holiday? Then by the Shew Bread. Does one dedicate on the Sabbath? Then in the night. Does one dedicate in the night? Rebbi Yose ben Rebbi Abun said, with a baked flour offering. One understands that on their return from the diaspora they sacrificed and then dedicated. When they entered the Land, with what did they dedicate? Rebbi Yose ben Rebbi Abun said, with two thanksgiving sacrifices coming from Nob and Gibeon.

Rebbi Abbahu said, Rebbi Joḥanan and Rebbi Simeon ben Laqush disagreeed. One said, one builds and afterwards one dedicates. The other one said, one dedicates and afterwards one builds. For him who says, one builds and afterwards one dedicates, one does not say that the partitions are as if built up. If one desires to add to the Temple Hall, by which means does one add? By the two loaves. Does one dedicate on a holiday? Then by the Shew Bread. Does one dedicate on the Sabbath? Then in the night. Does one dedicate in the night? Rebbi Yose ben Rebbi Abun said, with a baked flour offering. One understands that on their return from the diaspora they sacrificed and then dedicated. When they entered the Land, with what did they dedicate? Rebbi Yose ben Rebbi Abun said, with two thanksgiving sacrifices coming from Nob and Gibeon.

HALAKHAH: “The High Synhedrion,” etc. Rebbi Abba, Rebbi Yasa in the name of Rebbi Joḥanan: It says here “congregation”, and it says there “congregation”, how long the evil congregation. Since “congregation” there means ten, so here also ten. Rebbi Simon said, it is said here “amid”, and it is said there “amid”. Since “amid” there means ten, so here also ten. Rebbi Yose ben Rebbi Abun told him, if you want to infer from “amid”, there are too many. But it is said here “the sons of Israel”, and it is said there, “the sons of Israel”, the sons of Israel came to buy grain. Since “the sons of Israel” there were ten, so here also ten.

“From where that one adds another three, etc. It was stated: Rabban Simeon ben Gamliel said, in earlier times the ketubah of qualified women was signed only by priests, Levites, or Israel whose daughters were qualified to marry into the priesthood. Rebbi Yose said, in earlier times there was no disagreement in Israel but the Synhedrion of 71 members were sitting in the free-stone hall; two courts of three members each were sitting, one in the glacis and one on the Temple Mount; and a court of 23 was sitting in every town of the Land of Israel. If somebody had a question of religious practice, he went and asked it from the court in his town. If they had heard [the answer], they told him; otherwise he and their distinguished member went and asked a court in their neighborhood. If these had heard [the answer], they told him; otherwise he and their distinguished member went and asked from the court on the Temple Mount. If these had heard [the answer], they told him; otherwise he and their distinguished member went and asked from the court on the glacis. If these had heard [the answer], they told him; otherwise they together entered the High Court in the free-stone hall since from there instruction came accepted in all of Israel, as it is said: From this place which the Eternal will choose. Even though the Synhedrion in the free-stone hall had 71 members, those present never numbered less than 23. If one of them had to leave, he was looking around; if 23 others were present, he would leave, otherwise he would not leave. They were in session from the daily morning sacrifice to the daily evening sacrifice. On Sabbaths and holidays, they were sitting in the study hall on the Temple Mount. If a question of practice came up, if they had heard the answer, they told them; otherwise they prepared to vote. If a majority was for acquitting, they acquitted. If a majority was for a guilty verdict, they rendered a verdict of guilty. If a majority was for declaring pure, they declared pure. If a majority was for declaring impure, they declared impure. From the time that there were many students of Shammai and Hillel who did not study enough under their teachers, many disagreements arose and two doctrines developed. From there, they were sending to all towns in the Land of Israel; any time they found a person who was wise, meek, even-tempered, benevolent, pleasing, humble, good-hearted, with good intentions, and well endowed, they were placing him on the court of the Temple Mount, from there to the court on the glacis, and from there to the High Court in the free-stone hall.

“The High Priest sacrifices while in deep sorrow but does not eat, the words of Rebbi Meïr; Rebbi Jehudah says, the entire day. Rebbi Simeon says, he completely finishes the service he is engaged in and then leaves.” Between Rebbi Meïr and Rebbi Simeon there is one [difference], between Rebbi Jehudah and Rebbi Simeon there is one [difference]. Between Rebbi Meïr and Rebbi Jehudah is entering. Rebbi Jacob ben Dositheos: interruption is between them. Rebbi Meïr says, if he was inside, he leaves; if he was outside, he did [not] enter. Rebbi Jehudah says, if he was inside, he enters; if he was outside, he did not enter. Rebbi Simeon says, he completely finishes the service he is engaged in and then leaves. Rebbi Yose ben Rebbi Abun in the name of Rav Huna: a baraita is from Rebbi Simeon ben Laqish: The Sanctuary he shall not leave, he may not leave with them, but he may leave after them. If they are unseen he can be seen; he leaves with them up to the city gate, the words of Rebbi Meïr; Rebbi Jehudah said, he does not leave the Temple since it is said: The Sanctuary he shall not leave. If he left, he may not return.”

Rebbi Abbahu in the name of Rebbi Eleazar: “Deep sorrow” is only for the dead, for it is written: Its gates are in deep sorrow and mourning. Ḥiyya bar Ada objected: Is it not written: the fishermen are in deep sorrow? Rebbi Ḥanina said, so is the baraita: there is no deep sorrow in impurity except for the dead. It was stated: “What is deep sorrow? From the moment of death until the moment of burial, the word of Rebbi. But the Sages say, the entire day.” It turns out that one describes leniencies and stringencies following Rebbi, leniencies and stringencies following the rabbis. What is the difference between them? If he died and was buried within the hour. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden only that hour. If he died and was buried after three days. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden up to three days. There came Rebbi Abbahu in the name of Rebbi Joḥanan, and Rav Ḥisda, both of whom said that Rebbi agrees with the Sages that he is forbidden only during the first day, as it was stated: Rebbi said, you know that deep mourning in the night is not biblical, since they said, “the deep mourner immerses himself and eats his Passover sacrifice in the evening.” But they said, deep mourning [during daytime] is biblical. Rebbi Yose ben Rebbi Abun in the name of Rebbi Huna: Explain it that he was buried close to sundown [and one cannot infer anything.]

It is stated: Rebbi Jehudah says, if they are all standing in one row, those who are standing because of honor are obligated, those because of mourning are exempt. When they descend for a eulogy, those who see inside are exempt, those who do not see inside are obligated. It would be what we stated: “If he consoles others, the people come in single file and the executive officer becomes a partition between himself and the people,” the first teaching. And what we stated: “the innermost are exempt and the outer ones obligated,” is the first teaching. Rebbi Ḥanina said: Originally, all families were standing still and the mourners passed between them. When competition increased in Sepphoris, Rebbi Yose ben Ḥalaphta instituted that the families should pass by and the mourners stand still. Rebbi Samuel Sofefta said: Matters returned to their original state.

One verse says, he made a libation for the Eternal, but another verse says, he covered. He who says ויסך, supports Rebbi Ḥiyya bar Abba. He who says, he made a libation, supports Bar Qappara. Rebbi Huna in the name of Rebbi Yose: He had a problem with the rules of captives. Rebbi Simeon ben Rebbi said, he desired to build the Temple

Rebbi Aḥa said: Solomon said, three things I desecrated where I got the better of the law. He shall not add wives, and it is written: King Solomonloved foreign women. Rebbi Simeon ben Ioḥai said, he really made love to them immorally. Ḥananiah, Rebbi Joshua’s nephew, says, because you shall not intermarry with them. Rebbi Yose said, to draw them to the words of the Torah and bring them under the Wings of the Divine Presence. Rebbi Eliezer said, because also the foreign wives made him sin. It turns out that one may say that Rebbi Simeon ben Ioḥai, Ḥananiah, and Rebbi Eliezer mean the same. Rebbi Yose disagrees with all three of them.

Rebbi Aḥa said: Solomon said, three things I desecrated where I got the better of the law. He shall not add wives, and it is written: King Solomonloved foreign women. Rebbi Simeon ben Ioḥai said, he really made love to them immorally. Ḥananiah, Rebbi Joshua’s nephew, says, because you shall not intermarry with them. Rebbi Yose said, to draw them to the words of the Torah and bring them under the Wings of the Divine Presence. Rebbi Eliezer said, because also the foreign wives made him sin. It turns out that one may say that Rebbi Simeon ben Ioḥai, Ḥananiah, and Rebbi Eliezer mean the same. Rebbi Yose disagrees with all three of them.

And silver and gold he shall not add excessively, and it is written: The king made silver in Jerusalem to be like stones. Were they not stolen? Rebbi Yose ben Ḥanina said, they were stones of ten cubits and eight cubits. Rebbi Simeon ben Laqish stated: In Solomon’s times, even weights were not of silver but of gold. Why? Silver was not valuable in Solomon’s times.

It is written: To amusement I said, be praised. The Holy One, praise to him, said to Solomon: What is this crown on your head? Descend from My throne! Rebbi Yose ben Ḥanina said, at that moment an angel came down looking like Solomon, removed him from his throne, and sat in his stead. He was going around in synagogues and houses of study, saying I am Ecclesiastes, I used to be king over Israel in Jerusalem. They were telling him, the king sits on his chair of honor and you say, I am Ecclesiastes? They hit him with a stick and brought a dish of split beans before him. At that moment, he said: that is my part. Some say, a staff. Others say, a rod. Others say, with his belt. Who had accused him? Rebbi Joshua ben Levi said, י in יַרְבֶּה accused him. Rebbi Simeon ben Ioḥai stated: The book Deuteronomy ascended, bowed down before the Holy One, praise to Him, and said to Him: Master of the Universe, You wrote in Your Torah that any disposition which is partially invalid is totally invalid, and now Solomon wants to uproot a י from me! The Holy One, praise to Him, said to it: Solomon and a thousand like him will disappear but nothing from you will disappear.

Yose from Maon interpreted in the synagogue of Tiberias: Listen to this, you priests, why do you not study Torah? Did I not give you 24 gifts? They told him, they do not give us anything. And hearken, House of Israel, why do you not give the 24 gifts which I commanded you at Sinai? They told him, the king takes everything. Listen, king’s court, for yours are legal proceedings, for you I did say, these are the priests’ legal rights; in the future I shall sit in judgment over you, to stop them and to eliminate them from the world. Rebbi Jehudah the Prince heard this and became angry. He was afraid and fled. Rebbi Joḥanan and Rebbi Simeon ben Laqish went to appease him. They told him, Rabbi, he is a great man. He asked them, would it be possible that he could answer any question which I would ask him? They told him, yes. He asked him: What is that which is written: For their mother whored? Was our mother Sarah a whore? He answered, like daughter like mother, like mother like daughter, like generation like the prince, like the prince like the generation, like the altar like its priests. Cahana used to say, like the garden like its gardener. He told them, not only did he curse me once in my absence, but he cursed me three times in my presence! He asked him, what is that which is written: Anybody wanting to formulate a simile about you will state as follows: like mother like daughter; was our mother Leah a prostitute since it is written, Dinah went out? He told him, for it is written, Leah went out towards him. One identifies going out with going out.

Can he forever disqualify and have the other appoint [a replacement]? Rebbi Zeˋira said, they taught this about subsidiaries. Rebbi La said, what Rebbi Eleazar said about “one said in Tiberias, but the other said in Sepphoris,” is about those who live at the same place, from where to [Sepphoris] it is seven mil, but from there to [Tiberias] it is nine mil. Rebbi Yose said, one understands from this, that if two people had a case in Tiberias; one of them said in the permanent court, but the other said in an ad hoc court; one listens to the one who said in the permanent court.