yose
4944 occurrences across the corpus
The Jerusalem Talmud
From where that they can be joined one to the other? Rebbi Mana said, the Sages counted them as two and counted them as four. Just as two can be joined one to the other so also four can be joined one to the other. Rebbi Eleazar in the name of Rebbi Abin: If it can be joined to what is not of its kind, so much more of its own kind. Rebbi Yose ben Rebbi Bun said, it is not written “they will be” but “it will be”. This teaches that they cannot be joined one to the other. Ḥizqiah stated: It is not written “skin diseases” but “skin disease”. This teaches that they cannot be joined one to the other.” “He said to him, they could have said ‘starting with eggshell and stronger it is impure’ but should not have said, ‘there are two kinds of appearances of skin disease which are four kinds.’ He answered him, it teaches that they are not one superior to the other.” Could they not be one superior to the other? If you say so, you would have said the darkened one is impure, the very darkened is impure. But the Torah said, behold, the diseased spot darkened. The darkened one is impure but the very much darkened is pure. It follows what Rebbi Ḥanina said, it is comparable to two kings and their two lieutenants. One king is greater then the other king, one lieutenant is greater than the other lieutenant. But the first one’s lieutenant is not greater than the other king. Samuel said, it is comparable to two kings and two of their ambassadors. One king is greater then the other king, one ambassador is greater than the other ambassador. But the first one’s ambassador is not greater than the other king. Rebbi Ḥanina in the name of Rav (Aḥa) [Ada] bar Aḥawa: A king, and his army commander, and the Arghabeṭa and the Head of the Captivity. Rebbi Eleasar ben Rebbi Yose said before Rebbi Yose: The Mishnah implies that one is no greater than the other. If s´et whose very darkened spot is pure has a second color, the shiny spot, whose very darkened spot is impure, certainly will have a second color. He answered him, look at what you are saying. It has a second degree; should it not also have a third? What causes you to say that the very white spot, whose very darkened spot is impure, is the s´et? The kind of s´et is like eggshell. “שְׂאֵ֤ת, this is s´et. בַהֶ֔רֶת, this is the shiny spot. סַפַּ֨חַת֙ is secondary to the shiny spot. [The diseased spot’s] look is deepened, secondary to s´et. What is the etymology of s´et? Elevated. As the shadow looks elevated compared to the sunny spot. What is the etymology of deepened? It is deep, as the sunny spot looks depressed compared to the shadow. What is the etymology of סַפַּ֨חַת֙? Adjunct. As it is said, adjoin me please to one of the priesthoods, etc.” Rebbi Eleazar said, these are the words of Rebbi Ismael and Rebbi Aqiba. But the words of the Sages are that s´et and the shiny spot are one. Sappaḥat is secondary to either one. The Mishnah says so: “Mispaḥat is turned into s´et or strong mispaḥat.”
If it is so, what does the Day of Atonement help him? Rebbi Yose ben Rebbi Bun said, the Day of Atonement acts for him as a suspended reparation sacrifice. In he died before the day of Atonement, the sin is in her. After the day of Atonement it already was atoned for.
HALAKHAH: “But about where there is no knowledge,” etc. Halakhah 5: “Rebbi Simeon used to say,” etc. Rebbi Eleazar in the name of Rebbi Hoshaia: The reason of Rebbi Jehudah is and one goat’s he-goat sin offering for the Eternal. This he-goat atones for a sin known only to the Eternal. I have not only the he-goat of the Day of the New Moon; from where the he-goats of the holidays? Rebbi Ze`ira said, and a he-goat, the copula adds to the prior subject. Rebbi Ze`ira and Rebbi Eleazar in the name of Rebbi Hoshaia, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: He gave it to you to lift the sins of the congregation. Where do we hold? If about Naḥshon’s he-goat, it atoned for his tribe. If about the he-goat of the Day of (Atonement), there is nothing similar in later generations. But we must deal with the he-goat of the Day of the New Moon. What about it? It is said here “lifting sin” and it is said there “lifting sin”, Aaron shall lift the sin of the sancta”. Since there it is the sinfulness of the offerings not the sins of the offerers, also here it is the sinfulness of the offerings not the sins of the offerers. What did you see to say, “for the pure person who ate impure”, maybe we should say for the impure person who ate pure? Rebbi Yose ben Rebbi Bun said, Rebbi Jehudah splits the argument of Rebbi Meїr; Rebbi Simeon splits the argument of Rebbi Jehudah. Rebbi Joḥanan agrees that the he-goat brought inside does not atone; rather it suspends. This parallels Rebbi Jonah in the name of Rebbi Ze`ira, he shall make it a purification offering. He fixed it for suspension, that it could not be changed.
Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: The one who stands before the Ark on New Year’s holiday does not have to mention the New Moon. Rebbi Aḥa bar Pappus said, it was stated thus: “The one who stands before the Ark on New Year’s holiday in the morning, the House of Shammai say, he prays eight [benedictions], but the House of Hillel say seven. For musaf, the House of Shammai say ten, but the House of Hillel say nine.” Should he not say eleven? Rebbi Yose said, where do they disagree? In a matter which needs a separate benediction. But here even on a weekday he simply includes it. So he should mention it in “Service”. Rebbi Yose asked, since the two he-goats of New Year’s day come because of the New Moon, why do you say that he does not have to mention the New Moon? Rebbi Yose ben Rebbi Bun said, does Rebbi Abba bar Mamal not ask correctly? As it was stated: “The two lambs of Pentecost and the two he-goats of New Year’s Day.” If the first atoned, what does the second atone for? For impurity that happened between them. Is that not Rebbi Simeon’s? And Rebbi Simeon splits atoning. But if both of them were for the New Moon? Rebbi Abba Mari said, you cannot do that, since it is written, in addition to the elevation offering of the month. In addition, from what we have stated, “twelve for the twelve months of the year.” A patrician stood before the Ark and did not mention the New Moon; they praised him. Rav Hoshaia asked: think of it, if they slaughtered both of them simultaneously? What impurity happened between them? Rebbi Bun said, if all of Israel are proper, would they not bring what the Torah prescribed for them?
Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: The one who stands before the Ark on New Year’s holiday does not have to mention the New Moon. Rebbi Aḥa bar Pappus said, it was stated thus: “The one who stands before the Ark on New Year’s holiday in the morning, the House of Shammai say, he prays eight [benedictions], but the House of Hillel say seven. For musaf, the House of Shammai say ten, but the House of Hillel say nine.” Should he not say eleven? Rebbi Yose said, where do they disagree? In a matter which needs a separate benediction. But here even on a weekday he simply includes it. So he should mention it in “Service”. Rebbi Yose asked, since the two he-goats of New Year’s day come because of the New Moon, why do you say that he does not have to mention the New Moon? Rebbi Yose ben Rebbi Bun said, does Rebbi Abba bar Mamal not ask correctly? As it was stated: “The two lambs of Pentecost and the two he-goats of New Year’s Day.” If the first atoned, what does the second atone for? For impurity that happened between them. Is that not Rebbi Simeon’s? And Rebbi Simeon splits atoning. But if both of them were for the New Moon? Rebbi Abba Mari said, you cannot do that, since it is written, in addition to the elevation offering of the month. In addition, from what we have stated, “twelve for the twelve months of the year.” A patrician stood before the Ark and did not mention the New Moon; they praised him. Rav Hoshaia asked: think of it, if they slaughtered both of them simultaneously? What impurity happened between them? Rebbi Bun said, if all of Israel are proper, would they not bring what the Torah prescribed for them?
Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: The one who stands before the Ark on New Year’s holiday does not have to mention the New Moon. Rebbi Aḥa bar Pappus said, it was stated thus: “The one who stands before the Ark on New Year’s holiday in the morning, the House of Shammai say, he prays eight [benedictions], but the House of Hillel say seven. For musaf, the House of Shammai say ten, but the House of Hillel say nine.” Should he not say eleven? Rebbi Yose said, where do they disagree? In a matter which needs a separate benediction. But here even on a weekday he simply includes it. So he should mention it in “Service”. Rebbi Yose asked, since the two he-goats of New Year’s day come because of the New Moon, why do you say that he does not have to mention the New Moon? Rebbi Yose ben Rebbi Bun said, does Rebbi Abba bar Mamal not ask correctly? As it was stated: “The two lambs of Pentecost and the two he-goats of New Year’s Day.” If the first atoned, what does the second atone for? For impurity that happened between them. Is that not Rebbi Simeon’s? And Rebbi Simeon splits atoning. But if both of them were for the New Moon? Rebbi Abba Mari said, you cannot do that, since it is written, in addition to the elevation offering of the month. In addition, from what we have stated, “twelve for the twelve months of the year.” A patrician stood before the Ark and did not mention the New Moon; they praised him. Rav Hoshaia asked: think of it, if they slaughtered both of them simultaneously? What impurity happened between them? Rebbi Bun said, if all of Israel are proper, would they not bring what the Torah prescribed for them?
“They asked him, could they be brought one for the other,” etc. Rebbi Joḥanan said, the words of the Sages [imply] that one may change; the words of Rebbi Simeon [imply] that one may not change. The words of the Sages [imply] that one may change, and you say “could they be brought one for the other”? They objected to him according to his argument. According to your argument, since you say that one may not change, could they be brought one for the other? Rebbi Yose said, since public sacrifices are designated only by use. Rebbi Yudan said, it was stated thus: “For the purpose of the sacrifice for which it is brought it was sanctified from the beginning.”
HALAKHAH: “They said to him, did not the teacher use to say,” etc. Rebbi Yose the Southerner said before Rebbi Jonah: Would it not have been necessary to state, if it is so then those of the Days of the New Moon could be brought on the Day of Atonement since one increases holiness but one does not diminish; but those of the Day of Atonement cannot be brought on the Days of the New Moon since one does not diminish holiness. Rebbi Eleazar in the name of Rebbi Bun explained it by another explanation: if it is so then those of the Day of Atonement could be brought on the Days of the New Moon, for included in their atoning is the atoning of the Days of the New Moon, but those of the days of the New Moon cannot be brought on the Day of Atonement, for they atone only their atonement. For if anybody ate five olive-sized pieces of fat and dedicated four sacrifices, being of the impression that he had dedicated five, did he atone? Or if he ate four olive sized pieces of fat, dedicated five sacrifices, being of the impression that he had dedicated four, not so much more? And so “Rebbi Simeon used to say, thirty-two rams are brought for the public every year. Thirty one outside, they are eaten. One inside which is not eaten. And the scapegoat. Twelve for the twelve months of the year. Eight on Tabernacles, seven on Passover, two on Pentecost, one for the day and one for the bread. One on New Year’s Day and one on the Day of Atonement.” When Moses heard this he said, it follows that anybody for whom the doubt of a transgression arises should bring all these sacrifices! Rebbi Tanḥuma in the name of Rebbi Simeon ben Laqish: When the Holy One, praise to Him, said to Moses, he shall confess on it etc., he started and said, A Song of confession, inspired by he shall confess on it.
Rebbi Joḥanan said, these are the words of Rebbi Eleazar ben Azariah, Rebbi Ismael, and Rebbi Aqiba. But the Sages say that the scapegoat pardons. How does it pardon? Rebbi Ze`ira said, by and by. Rebbi Ḥanania said, at the end. What is between them? If somebody died in-between. In the opinion of Rebbi Ze`ira, he already was pardoned. In the opinion of Rebbi Ḥanina, he was not pardoned. Rebbi Ze`ira said, a baraita supports Rebbi Ḥanina: There is strength in the he-goat which is not in the Day of Atonement, and in the Day of Atonement which is not in the he-goat: The Day of Atonement pardons without a he-goat, but the he-goat does not atone without the Day of Atonement. The he-goat pardons immediately but the Day of Atonement only at nightfall. Rebbi Huna said, the question was raised before Rebbi Jeremiah and he said, explain it if they intended to bring another he-goat but they did not bring it. Rebbi Yose said, but does the Holy One, praise to Him, not see into the future? Then He should pardon immediately.
HALAKHAH: “Together Israel, Cohanim,” etc. But we did not state “the Anointed.” Why did we not state “the Anointed”? If you say that we are discussing things which do not imply the obligation of a sacrifice, it is correct not to state “Anointed”. If you say about things which imply the obligation of a sacrifice, why do we not state “Anointed”? It was found stated “also the Anointed Priest.” This implies that we are discussing things which do not imply the obligation of a sacrifice. Rebbi Yose ben Rebbi Abun said, even if you say, about things which imply the obligation of a sacrifice, if it was done intentionally. As you say, intentionally it needs atoning and the atoning of the Day of Atonement, here also it needs atoning and the atoning of the Day of Atonement.
One ate five times the volume of an olive; he separately realized a doubt about each one. Afterwards it became known to him as a certainty. Rebbi Simeon ben Laqish said, the knowledge about his doubt determines his kind of sacrifices. Rebbi Joḥanan said, the knowledge about his doubt does not determine his kind of sacrifices. Rebbi Yose bar Abun in the name of Rebbi Samuel bar Rav Isaac: Rebbi Simeon ben Laqish agrees that for the Anointed Priest the knowledge about his doubt does not determine his kind of purification sacrifice. What is the reason? Like purification offering, like reparation offering. The knowledge about his doubt determines the transgression for one who brings a suspended reparation offering. The knowledge about his doubt does not determine the transgression for one who does not bring a suspended reparation offering.
An androgynus who saw whitish [effluent] and entered the Sanctuary is not liable. If he saw red [effluent] and entered the Sanctuary, he is not liable. If he saw simultaneously whitish and red and entered the Sanctuary, he is liable. There is a Tanna who states: he is not liable. Rebbi Joḥanan said, this is Rebbi Simeon, as it was stated: “Two paths, one pure and one impure. He walked on one of them, entered the Sanctuary on the first one, sprinkled repeatedly, immersed himself, on the second one and entered; he is liable. Rebbi Simeon declares him not liable in this case. Rebbi Simeon ben Jehudah in the name of Rebbi Simeon declares him not liable in all cases.” One understands the androgynus, for whitish [effluent] you declare him to be a woman, for red [effluent] you declare him to be a man. But here there is no known impurity. Rebbi Samuel bar Sosartai said, explain it if he forgot the first. Rebbi Yose asked, where do we hold? If he forgot it forever, it is one path. If he forgot repeatedly, there are two paths. Rebbi Yose ben Rebbi Abun said, Rebbi Simeon parallels Rebbi Eliezer in the interpretation of Ḥizqiah. Just as Rebbi Eliezer said there, until he knows whether he did become impure by a crawling animal or a corpse, so Rebbi Simeon says here, until he knows whether he did become impure by red [effluent] or by whitish. One understands there since he said, a doubt of awareness is awareness. But here, since he saw whitish and red together, it is certain knowledge.
An androgynus who saw whitish [effluent] and entered the Sanctuary is not liable. If he saw red [effluent] and entered the Sanctuary, he is not liable. If he saw simultaneously whitish and red and entered the Sanctuary, he is liable. There is a Tanna who states: he is not liable. Rebbi Joḥanan said, this is Rebbi Simeon, as it was stated: “Two paths, one pure and one impure. He walked on one of them, entered the Sanctuary on the first one, sprinkled repeatedly, immersed himself, on the second one and entered; he is liable. Rebbi Simeon declares him not liable in this case. Rebbi Simeon ben Jehudah in the name of Rebbi Simeon declares him not liable in all cases.” One understands the androgynus, for whitish [effluent] you declare him to be a woman, for red [effluent] you declare him to be a man. But here there is no known impurity. Rebbi Samuel bar Sosartai said, explain it if he forgot the first. Rebbi Yose asked, where do we hold? If he forgot it forever, it is one path. If he forgot repeatedly, there are two paths. Rebbi Yose ben Rebbi Abun said, Rebbi Simeon parallels Rebbi Eliezer in the interpretation of Ḥizqiah. Just as Rebbi Eliezer said there, until he knows whether he did become impure by a crawling animal or a corpse, so Rebbi Simeon says here, until he knows whether he did become impure by red [effluent] or by whitish. One understands there since he said, a doubt of awareness is awareness. But here, since he saw whitish and red together, it is certain knowledge.
Rav Ḥisda asked: What is the situation if he entered the Sanctuary thinking it was a synagogue? Rebbi Yose said, the following is what we are saying: One knew that there exists impurity in the world but he did not know whether one is liable for a sacrifice because of it, that certainly is awareness. But the following is where we hold, if it was clear to him that he was impure but he was oblivious of the Sanctuary, and he entered the Sanctuary. And so if it was clear to him that this was the Sanctuary, he was oblivious of the impurity and entered the Sanctuary.
Rebbi Yose asked: If one ate half the volume of an olive being aware of the Sanctuary but oblivious of impurity and about half the volume of an olive being aware of impurity but oblivious of the Sanctuary; do the oblivions combine?
HALAKHAH: “If one became impure in the Temple courtyard,” etc. Rebbi Ḥizqiah, Rebbi Immi in the name of Rebbi Eleazar: One verse says, he defiled the dwelling place of the Eternal, another verse says, he defiled the Sanctuary of the Eternal. Why is this? To state a difference between one who became inside and one who became outside. If he became impure (inside) not unless he bring his head and most of his body inside; if he became impure (outside) not unless he stay for prostrating. If he became impure inside and entered further inside? Let us hear from the following: “If he prostrated himself, or tarried that he could have prostrated himself.” If he tarried, is that not as if he brought his head and most of his body inside, but you are saying, “he tarried that he could have prostrated himself.” And here, not unless he tarried that he could have prostrated himself. How is that? About which of them does he become liable? About the first or the last? The colleagues say, about the first. Rebbi Yose told them, one says to him, leave, and you say about the first? But we must hold about the last.
There, we have stated: “They removed the cup and the censer for him”. About which of them does he become liable? About the first or the last? The colleagues say, about the last. Rebbi Yose told them, one says to him, enter, and you say about the last? But we must hold about the first.
The measure of prostrating is ten cubits. How is this? If the lengthy path was twenty but the short one ten. He went five. If he went in this direction, five, if in the other, fifteen. Rebbi Yose said, he never becomes liable unless the lengthy path exceed the short one by (ten). How is that? If the lengthy path was thirty but the short one ten. He went five. If he went in this direction, five, if in the other, twenty-five. What is the duration of prostrating? Rebbi Simon in the name of Rebbi Joshua ben Levi: up to a greeting from one person to another. Abba bar Huna in the name of Rebbi Joḥanan: up to a greeting from a student to his teacher, “peace be with you, my teacher.”
Rebbi Yose understood all this from the following: “An oath that I shall not eat; when he ate and drank he is liable only for one.” The colleagues said before Rebbi Yose, but it is said following this, “an oath that I shall not eat nor drink, when he ate and drank” should he be liable only for one? Rebbi Yose told them, if somebody said, an oath that I shall not eat this loaf, and he continued, an oath that I shall not eat this other loaf, when he ate both of them would he not be guilty on two counts?
Rebbi Yose understood all this from the following: “An oath that I shall not eat; when he ate and drank he is liable only for one.” The colleagues said before Rebbi Yose, but it is said following this, “an oath that I shall not eat nor drink, when he ate and drank” should he be liable only for one? Rebbi Yose told them, if somebody said, an oath that I shall not eat this loaf, and he continued, an oath that I shall not eat this other loaf, when he ate both of them would he not be guilty on two counts?
Rebbi Yose understood all this from the following: “An oath that I shall not eat; when he ate and drank he is liable only for one.” The colleagues said before Rebbi Yose, but it is said following this, “an oath that I shall not eat nor drink, when he ate and drank” should he be liable only for one? Rebbi Yose told them, if somebody said, an oath that I shall not eat this loaf, and he continued, an oath that I shall not eat this other loaf, when he ate both of them would he not be guilty on two counts?
Rebbi Abba bar Mamal asked: According to Rebbi Joḥanan, who said that comprehensive oaths fall on prohibitions, should we not state “an oath that I shall not eat; when he ate”? Rebbi Ze`ira said, in the whole lifetime of Rebbi Abba bar Mamal we did not find an answer; after he had died, we found an answer. Where do we stand? If one said, an oath that I shall not eat meat, including Passover; that I shall not eat during these ten days, including the Day of Atonement, then the oath falls on prohibitions. Rebbi Yose said, one may infer from here if in front of him were olive-sized pieces of slaughtered [meat] and one of carcass meat and he said, [an oath] that I shall eat these ten olive-sized pieces, since he is not liable for the carcass meat, he neither is liable for the remainder.
HALAKHAH: He wants to teach himself a pretext. “Whether matters of himself,” etc. Rebbi Abba in the name of Samuel: “An oath that X gave a mina to Y,” and it turns out that he did not give, since it was not in his power for the future, it is not in his power for the past. Rebbi Yose objected, about phylacteries there is nothing about the future but there is about the past! He told him, phylacteries came from another source. To cause evil or cause good; just as doing good is optional so doing bad is optional; this excludes anything involving a prohibition or anything involving a permission. Anything which one will blurt out, excluding a minor. A person in an oath, excluding a person not acting at his own will. And it will be forgotten by him, he will be oblivious of the oath. Or could I think that the object was forgotten by him? The verse says, in an oath and it was forgotten by him; he is liable for forgetting the oath; he is not liable for forgetting the object. Could one not add forgetting the object to forgetting the oath so that he should be liable? What is the difference between this and forgetting impurity and forgetting the Sanctuary so that he should be liable twice following Rebbi Ismael, who said forgetting impurity and forgetting the Sanctuary? There it is written it was forgotten by him, it was forgotten by him twice. Here it is written it was forgotten by him once. I could think that one who swears to the detriment of others should be liable: the verse says, to cause evil or cause good; just as doing good is optional so doing bad is optional. I shall exclude one who swears to the detriment of another that he should not be liable. For example, if one swears that he will not provide food for another. He saw him in convulsions and gave to him.
From where a warning about an oath for a permitted purpose? Rebbi Yose ben Rebbi Abun said, he shall not profane his word, he shall not make his words profane.
Rebbi Yose asked, “an oath, an oath, an oath, that I shall not eat,” and he ate. What is the rule? Rebbi Yose ben Rebbi Bun said, let us hear from the following: “'An oath that I shall not eat this loaf, an oath that I shall not eat it, an oath that I shall not eat it;' he is liable once.” Because he mentioned this. Therefore, if he did not mention this, he would be liable for each single one.
Rebbi Yose asked, “an oath, an oath, an oath, that I shall not eat,” and he ate. What is the rule? Rebbi Yose ben Rebbi Bun said, let us hear from the following: “'An oath that I shall not eat this loaf, an oath that I shall not eat it, an oath that I shall not eat it;' he is liable once.” Because he mentioned this. Therefore, if he did not mention this, he would be liable for each single one.
Rebbi Yose said, the brother of Ḥefa seems to be reasonable in the later case and Ḥefa in the prior.
Rebbi Ḥaggai objected to Rebbi Yose. Is there not written: The two men shall stand? Now, is not two the minimum of “men”? Why does the verse say two? That both be equal? But it is written: Do not bend the lawsuit of the proselyte, the orphan, … That means that a proselyte can have a lawsuit against one who is not a proselyte, an orphan may have a lawsuit against one who is not an orphan, a widow against a married woman. Then why is there written two? It is free to be combined and to infer from it an equal cut. It is said here two and it is said there two men were left. Since there one speaks of men but not women nor underaged, also here men but not women nor underaged. From this we learn that a woman may not be a judge; consequently a woman may not be a witness.
Rebbi Yose ben Rebbi Abun, Rebbi Huna in the name of Rebbi Yose. It is said here two and it is said there by the mouth of two witnesses. Since there it must be by the testimony of two witnesses, also here by the testimony of two witnesses. Then why does the verse say two? Lest one of them be standing while the other be sitting; one says everything he has to say, but to the other one says, make your statement short. With one he puts up, to the other he is unfriendly.
Rebbi Yose ben Rebbi Abun, Rebbi Huna in the name of Rebbi Yose. It is said here two and it is said there by the mouth of two witnesses. Since there it must be by the testimony of two witnesses, also here by the testimony of two witnesses. Then why does the verse say two? Lest one of them be standing while the other be sitting; one says everything he has to say, but to the other one says, make your statement short. With one he puts up, to the other he is unfriendly.
From where following Rebbi Ismael? Rebbi Ismael stated: The congregation shall judge between the beater, etc. The congregation be neither relatives of the murderer nor relatives of the murdered. Rebbi Yose said, otherwise you would say that the court is engaged in vendetta. This implies that the judges may not be related to the accused. And from where that the witnesses may not be related to the accused? The Torah said, kill on the testimony of witnesses, kill on the sentence of those who vote. Since judges may not be related to the accused, neither may witnesses be related to the accused. From where that witnesses may not be relatives of one another? Think of it, if they be found perjured, would they not be killed by each other’s testimony?
Or like the following. “One accepts the witnesses’ testimony only if they saw it together. Rebbi Joshua ben Qorḥa says, even if they saw it one after the other.” Rebbi Jeremiah, Rebbi Samuel ben Rav Isaac in the name of Rav Isaac who said in the name of Rav: The Sages agree with Rebbi Joshua ben Qorḥa with regard to witnesses of firstlings and witnesses of squatters’ rights. Rebbi Abba in the name of Rebbi Jeremiah: the same holds for testimony regarding signs. In that case, it is obvious if one says, I saw two hairs on his back and one says, I saw one hair on his back and the other says, I saw one hair on his belly, that is nothing; so much more his back and his back. Two are saying, we saw one hair on his back; and one is saying, I saw one hair on his belly. Rebbi Yose ben Rebbi Bun and Rebbi Hoshaia ben Rebbi Shammai, one said, it is invalid, but the other said, it is valid. He who says it is invalid considers him as one who testifies to half a sign. He who says it is valid? I say, maybe it was rubbed off. One says, I saw two hairs on his back; and one says, I saw two on his belly. Rebbi Abba said, everybody agrees that this is valid. Rebbi Ḥaggai said, everybody agrees that this is invalid [testimony]. Rebbi Yose says, this is in disagreement. Rebbi Yudan said, this is in disagreement. Rebbi Yose said to Rebbi Ḥaggai, does not Rebbi Yudan follow my opinion? He answered, I am disagreeing with his teacher, so much more with him. Rebbi Mana said, Rebbi Ḥaggai was correct. If a document was signed by four seals, if one person (permitted) two, and another (questioned) the other two, and the document was attacked, is that worth anything? Does not every single signature need two witnesses? And here, every single sign needs two witnesses. Rebbi Ḥanina learns it from the years of squatting rights. If one [witness] testified that he ate from the property the first, second, and third years and another testified that he ate it the fourth and fifth years, is that worth anything? Does not every single year need two witnesses? And here, every single sign needs two witnesses.
Or like the following. “One accepts the witnesses’ testimony only if they saw it together. Rebbi Joshua ben Qorḥa says, even if they saw it one after the other.” Rebbi Jeremiah, Rebbi Samuel ben Rav Isaac in the name of Rav Isaac who said in the name of Rav: The Sages agree with Rebbi Joshua ben Qorḥa with regard to witnesses of firstlings and witnesses of squatters’ rights. Rebbi Abba in the name of Rebbi Jeremiah: the same holds for testimony regarding signs. In that case, it is obvious if one says, I saw two hairs on his back and one says, I saw one hair on his back and the other says, I saw one hair on his belly, that is nothing; so much more his back and his back. Two are saying, we saw one hair on his back; and one is saying, I saw one hair on his belly. Rebbi Yose ben Rebbi Bun and Rebbi Hoshaia ben Rebbi Shammai, one said, it is invalid, but the other said, it is valid. He who says it is invalid considers him as one who testifies to half a sign. He who says it is valid? I say, maybe it was rubbed off. One says, I saw two hairs on his back; and one says, I saw two on his belly. Rebbi Abba said, everybody agrees that this is valid. Rebbi Ḥaggai said, everybody agrees that this is invalid [testimony]. Rebbi Yose says, this is in disagreement. Rebbi Yudan said, this is in disagreement. Rebbi Yose said to Rebbi Ḥaggai, does not Rebbi Yudan follow my opinion? He answered, I am disagreeing with his teacher, so much more with him. Rebbi Mana said, Rebbi Ḥaggai was correct. If a document was signed by four seals, if one person (permitted) two, and another (questioned) the other two, and the document was attacked, is that worth anything? Does not every single signature need two witnesses? And here, every single sign needs two witnesses. Rebbi Ḥanina learns it from the years of squatting rights. If one [witness] testified that he ate from the property the first, second, and third years and another testified that he ate it the fourth and fifth years, is that worth anything? Does not every single year need two witnesses? And here, every single sign needs two witnesses.
Or like the following. “One accepts the witnesses’ testimony only if they saw it together. Rebbi Joshua ben Qorḥa says, even if they saw it one after the other.” Rebbi Jeremiah, Rebbi Samuel ben Rav Isaac in the name of Rav Isaac who said in the name of Rav: The Sages agree with Rebbi Joshua ben Qorḥa with regard to witnesses of firstlings and witnesses of squatters’ rights. Rebbi Abba in the name of Rebbi Jeremiah: the same holds for testimony regarding signs. In that case, it is obvious if one says, I saw two hairs on his back and one says, I saw one hair on his back and the other says, I saw one hair on his belly, that is nothing; so much more his back and his back. Two are saying, we saw one hair on his back; and one is saying, I saw one hair on his belly. Rebbi Yose ben Rebbi Bun and Rebbi Hoshaia ben Rebbi Shammai, one said, it is invalid, but the other said, it is valid. He who says it is invalid considers him as one who testifies to half a sign. He who says it is valid? I say, maybe it was rubbed off. One says, I saw two hairs on his back; and one says, I saw two on his belly. Rebbi Abba said, everybody agrees that this is valid. Rebbi Ḥaggai said, everybody agrees that this is invalid [testimony]. Rebbi Yose says, this is in disagreement. Rebbi Yudan said, this is in disagreement. Rebbi Yose said to Rebbi Ḥaggai, does not Rebbi Yudan follow my opinion? He answered, I am disagreeing with his teacher, so much more with him. Rebbi Mana said, Rebbi Ḥaggai was correct. If a document was signed by four seals, if one person (permitted) two, and another (questioned) the other two, and the document was attacked, is that worth anything? Does not every single signature need two witnesses? And here, every single sign needs two witnesses. Rebbi Ḥanina learns it from the years of squatting rights. If one [witness] testified that he ate from the property the first, second, and third years and another testified that he ate it the fourth and fifth years, is that worth anything? Does not every single year need two witnesses? And here, every single sign needs two witnesses.
Rebbi Jeremiah asked: Is a relative liable for an oath about testimony formulated by himself? Can we hear it from the following: since they inferred formulation by himself for an oath about testimony only from oaths about deposits, and since there relatives are liable, so they also are here? Rebbi Yose said, can relatives here be inferred from relatives there?
Rebbi Yudan the Cappadocian asked: He made him swear five times by his own formulation before the court: would he not be liable for each instance separately? Rebbi Yose said, is this not the Mishnah: “Rebbi Simeon said, what is the reason? Because they cannot come back and admit?” But here, since they can come back and admit, they are liable for each single instance.
So is the Mishnah: “If one disavowed but one confessed, the one who disavowed is liable.” Rebbi Yose said, our Mishnah if the second changed his opinion immediately after the speaking of the first. Because if the first changed his opinion, one would accept him; then the second would become the first.
If they were ten. There are Tannaïm who state, the first one is liable and all the rest are not liable. There are Tannaïm who state, the last one is not liable and all the rest are liable. The one who said, the first one is liable and all the rest are not liable, holds with him who said, the testimony can be verified by the remaining [witnesses]. The one who said, the last one is not liable and all the rest are liable, holds with him who said, testimony that was partially invalidated is totally invalidated. Rebbi Yose said, the Mishnah says so: “if there were two groups of witnesses.” He only said “two”. Therefore if there had been one, testimony that was partially invalidated it is totally invalidated.
HALAKHAH: “I am putting an oath on you,” etc. It was stated: Rebbi Yose the Galilean says, why does the verse say, and he is a witness, or saw, or knew, etc.? I said this only for testimony which may be accepted about knowing without seeing, or seeing without knowing. How is knowing without seeing in monetary claims? “Give me my 200 zuz which you are holding.” “I do not have anything of yours.” “But did you not confess before X and Y”? “They should testify and I shall pay.” This refers to knowing without seeing. They came and said, whether he confessed to him or whether he robbed him, we do not know. Whether he gave him a loan we do not know. How is seeing without knowing in monetary claims? “Give me my 200 zuz which you are holding.” “I do not have anything of yours.” “But did I not count them for you in a meeting with X and Y”? “They should testify and I shall pay.” This refers to seeing without knowing. They came and said, whether he counted for him or whether he robbed him, we do not know. Whether he took a loan from him, we do not know. “Give me the fine for my daughter which you owe me.” But he says, “I never in my life was found liable for a fine.” Witnesses testify that he was found liable for a fine, but we do not know whether the fine was for his daughter or the fine for another woman. “You raped or you seduced my daughter.” But he says, “I never in my life did rape or seduce a woman.” Witnesses testify that he raped a woman, but we do not know whether it was his daughter or another woman. “You killed my ox and cut down my orchard.” But he says, “I do not know.” He is liable. “You told me to kill and cut down,” one follows the majority of orchards. What means, one follows the majority of orchards? Rebbi Ḥaggai said, if his ox was goring, he would have told him; if the orchard was barren, he would have told him. Rebbi Yudan said, in matters of monetary claims, since he may tell him, you told me to kill and cut down, even if he told him “I did not kill, I did not cut down,” he is not liable.
HALAKHAH: “I am putting an oath on you,” etc. Rebbi Yose, Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan: If somebody wanted to change his mind after he had promised a gift to another person, he may change his mind. Rebbi Jacob bar Zavdi asked before Rebbi Abbahu: Did He not say “a true yes”? At the moment when he said it, it was a true yes.
HALAKHAH: “If he said to two persons, I am putting an oath on you,” etc. Rebbi Mana understood it from the following, “or one of them was a relative or disqualified.” Therefore, unless one of them was a relative or disqualified, they are liable. And he knows who they are. Therefore the reason can only be that he does not intend them. Rebbi Yose understood it from the preceding, “since the oath preceded the testimony.” Therefore, if the oath did not precede the testimony, they are liable. And he knows who they are. Therefore the reason can only be that he does not intend them.
“One who curses himself or another person by any of these violates a prohibition.” What about flogging? The colleagues say, he cannot be flogged. Rebbi Yose said to them, why? Because it is a prohibition not involving an action. But is not one who substitutes and one who swears falsely also a prohibition which involves no action?
HALAKHAH: “An oath about a deposit,” etc. It was stated: Is an oath in his own formulation of an oath of testimony like an imprecation; in his own words is an oath about a deposit like an imprecation? Rebbi Yose said, since it is written “a person, a person”, everything is here and everything is there. Rebbi Mana said, an imprecation made in court is the topic of disagreement between Rebbi Meїr and the Sages. He lied to his fellow man, if his confession was eliminated by the oath. It excludes one who lied to one of partners; it excludes one who lied where there are witnesses and a document. Rebbi Yose said, this implies that if two people took a loan from one person, even if they did not write “we are responsible and warrantors for one another”, they are responsible and warrantors for one another; but one does not act on this. If two made a joint deposit and one came to retrieve his property, one does not listen to him. Should he not be treated as denying his part and be liable? If one made a deposit with two people. If one denied it, he is liable. If the other denied it, he is liable. If the deposit was worth one peruṭa, does this not result in each of them bringing a sacrifice for half a peruṭa? What here? If one would swear, and swear, and swear, would he not bring a sacrifice for half a peruṭa? There, each oath refers to a peruṭa’s worth. Here no oath refers to a peruṭa’s worth.
HALAKHAH: “An oath about a deposit,” etc. It was stated: Is an oath in his own formulation of an oath of testimony like an imprecation; in his own words is an oath about a deposit like an imprecation? Rebbi Yose said, since it is written “a person, a person”, everything is here and everything is there. Rebbi Mana said, an imprecation made in court is the topic of disagreement between Rebbi Meїr and the Sages. He lied to his fellow man, if his confession was eliminated by the oath. It excludes one who lied to one of partners; it excludes one who lied where there are witnesses and a document. Rebbi Yose said, this implies that if two people took a loan from one person, even if they did not write “we are responsible and warrantors for one another”, they are responsible and warrantors for one another; but one does not act on this. If two made a joint deposit and one came to retrieve his property, one does not listen to him. Should he not be treated as denying his part and be liable? If one made a deposit with two people. If one denied it, he is liable. If the other denied it, he is liable. If the deposit was worth one peruṭa, does this not result in each of them bringing a sacrifice for half a peruṭa? What here? If one would swear, and swear, and swear, would he not bring a sacrifice for half a peruṭa? There, each oath refers to a peruṭa’s worth. Here no oath refers to a peruṭa’s worth.
Rebbi La: Both Rebbi Joḥanan and Rebbi Simeon ben Laqish both are saying, there is no ”witnesses “here. Why? Because they might die. But might not a document be lost? Therefore, the reason can only be that they might forget their testimony. There, we have stated: “Where is my ox? He told him, it is lost. I want you to swear, he said, Amen. But witnesses testify that he ate it. He has to pay the value. If he confessed himself, he has to pay the value, and the fifth, and the reparation sacrifice.” The Mishnah [applies] if he does not know that there are witnesses. He comes to tell you, even if he knows that there are witnesses. Rebbi Yose said, the Mishnah says so: “If there were two groups of witnesses, if the first group reneged and after this the second, both are liable.” One understands that the first group becomes liable. Why the second? Not because they might forget their testimony? [Here also, because they (are commanded) to forget their testimony.]
He denied it, not him. “Ben Azzai says, there are three kinds of lost properties. One who knows about it and its finder; about it but not about its finder; neither about it nor about its finder.” Rebbi Onias in the name of Rebbi Jeremiah: All of them to relieve from liability. Rebbi Jacob bar Aḥa in the name of Rebbi Yose: This is not so. Rebbi Yose asked, why should it be to relieve from liability? Rebbi Mana said, the three kinds of lost property cannot be “one who knows about it and its finder; about it but not about its finder; neither about it nor about its finder.” About it and its finder, that is where we hold. But it must be about one who denies [knowledge] about it and its finder; about its finder but not about it; about it but not about its finder. So is the baraita: “About it and its finder.”
He denied it, not him. “Ben Azzai says, there are three kinds of lost properties. One who knows about it and its finder; about it but not about its finder; neither about it nor about its finder.” Rebbi Onias in the name of Rebbi Jeremiah: All of them to relieve from liability. Rebbi Jacob bar Aḥa in the name of Rebbi Yose: This is not so. Rebbi Yose asked, why should it be to relieve from liability? Rebbi Mana said, the three kinds of lost property cannot be “one who knows about it and its finder; about it but not about its finder; neither about it nor about its finder.” About it and its finder, that is where we hold. But it must be about one who denies [knowledge] about it and its finder; about its finder but not about it; about it but not about its finder. So is the baraita: “About it and its finder.”
Rebbi Jeremiah asked: Is a relative not liable for an oath about deposits formulated by others? Can we hear it from the following: since they inferred formulation by others for an oath about deposits only from oaths about testimony, and since there relatives are not liable, so they neither are here? Rebbi Yose said, relatives here can be inferred from non-relatives there.
Rebbi Yudan the Cappadocian asked: He made him swear five times by the formulation of others out of the court: would he not be liable only once? Rebbi Yose said, is this not the Mishnah: “Rebbi Simeon said, what is the reason? Because they can come back and admit?” But here, since they cannot come back and admit, they are liable only once.
Rebbi Abbahu, Rebbi Jeremiah asked: If one said, “an oath wheat and wheat I am not holding;” what? Let us hear from the following: “Not from place X, not from place Y,” he is liable. Rebbi Yose said, they considered a multiplicity of places like a multiplicity of kinds. If he had said, not from this place, not from this place; it would have been useful.
Rebbi Yose asked: “An oath, an oath that I am not holding for you,” what? Rebbi Yose said, let us hear from the following: “ ‘An oath that I shall not eat this loaf; an oath that I shall not eat it’. Then he ate it. He is liable only once.” Because he mentioned “this”. Therefore, had he not mentioned “this” we would be liable for each one. Is it the same for a blurted oath? “An oath that I shall eat carcass meat, and wheat bread, and barley bread, and spelt bread.” Since he is not liable for carcass meat he is not liable for the remainder.
Rebbi Yose asked: “An oath, an oath that I am not holding for you,” what? Rebbi Yose said, let us hear from the following: “ ‘An oath that I shall not eat this loaf; an oath that I shall not eat it’. Then he ate it. He is liable only once.” Because he mentioned “this”. Therefore, had he not mentioned “this” we would be liable for each one. Is it the same for a blurted oath? “An oath that I shall eat carcass meat, and wheat bread, and barley bread, and spelt bread.” Since he is not liable for carcass meat he is not liable for the remainder.
The following is obvious: If her husband did not dissolve [the vow] for the first woman and she (remained) in her vow, she is whipped. Can the second he whipped? Rebbi Yose said, since one is whipped, the other also is whipped. Rebbi Yudan said, is this a stipulation of the court? Should not the second be treated as one who said, “a shall be a nezirah[after] thirty days”? Rebbi Simeon follows his own opinion, for he said, it depends on the collection.
“Give me the wheat, and the barley,” etc. Rebbi Joḥanan said, the words of Rebbi Jehudah imply collectively one sacrifice, in detail three sacrifices. How is this? A detail wheat, a detail barley, a detail spelt. Collectively one sacrifice, in detail three sacrifices. Detail a third wheat, detail a third barley, detail a third spelt, are these taken together? Come and see; although he holds many details, even so they can be formulated collectively or in detail. In which respect? To make him liable for sacrifices. If he held four kinds, two kinds in one detail, two kinds on two details. even so they can be formulated collectively or in detail. As Rebbi Joḥanan said in the name of Rebbi Yannai: “And I am greeting X,” one can assume that he signed concerning everything; “I am greeting X,” he signed only for the greeting. Rebbi Simeon ben Laqish said, “I am greeting X,” one can assume that he signed concerning everything. What means “collectively”? Rebbi Joḥanan said, “X divorces Y and Z U.” What means “collectively”? Rebbi Simeon ben Laqish said, “We, X and Z, divorce our wives at place A.” Rebbi Ze`ira said, Rebbi Joḥanan agrees that if he mentions divorce for each one separately that he needs the typical text and witnesses for each one separately. The strength of Rebbi Joḥanan is from the following: “ ‘That I shall not benefit from this one; a qorban for this one and a qorban for that one.’ Each single one needs a separate opening.” Rebbi Yose said, the Mishnah supports Rebbi Joḥanan: “If he wrote a separate text for each of them and the witnesses signed at the end, [only] the one with which the witnesses are read is valid.”
Samuel said. the detailed statement for Rebbi Meїr is the general statement for Rebbi Jehudah; the detailed statement for Rebbi Jehudah is the general statement for Rebbi Meїr. Rebbi Samuel said in the name of Rebbi Ze`ira, the words of the rabbis show that the detailed statement for Rebbi Meïr is not the general statement for Rebbi Jehudah and the detailed statement for Rebbi Jehudah is not the general statement for Rebbi Meïr, as Rebbi Joḥanan said in the name of Rebbi Yannai: “And I am greeting X,” one can assume that he signed concerning everything; “I am greeting X,” he only signed for the greeting. If you would say that the detailed statement for Rebbi Meїr is the general statement for Rebbi Jehudah, even if he said “I am greeting X,” can one assume that he signed everything? Rebbi Yose said, the Mishnah implies that the detailed statement for Rebbi Jehudah is not the general statement for Rebbi Meїr, as we have stated: “Rebbi Meїr says, even if he says, ‘wheat, and barley, and spelt,’ he is liable for each single one;” and nobody says “even” unless he agrees to an earlier statement. Rebbi Ḥinena said, in Rebbi Meïr’s opinion, whether he said, “wheat, and barley, and spelt,” or “wheat, barley, spelt,” it is a general statement and details. In Rebbi Jehudah’s opinion, if he said, “wheat, and barley, and spelt,” it is a general statement and details. If he said “wheat, barley, spelt,” it is a general statement without details.
HALAKHAH: “ “You stole my ox,” etc. to the end of the Chapter. Rebbi Isaac asked, should one have to pay the value of the slave by his admission? But what is his problem? Are the entire thirty a fine or is only the excess over his value a fine? If you say, all the thirty are a fine, he does not pay. If you say, the excess over his value is a fine, he pays. There, we have stated: “ ‘Your ox killed my slave’, but he says ‘he did not kill;’ ‘I am asking you to swear’ and he says ‘Amen’, he is not liable.” Rebbi Ḥaggai said before Rebbi Yose: Explain it if he killed a slave covered with boils. He said to him, but it says afterwards, “ ‘Your ox killed my son’, but he says ‘he did not kill;’ ‘I am asking you to swear’ and he says ‘Amen’, he is liable.” You could explain it if he was covered with boils, then he would not be liable! You cannot do this, as we have stated: “If he killed a human, he has to pay his worth.” Rebbi Ezra said before Rebbi Mana Explain it following him who said, he shall pay redemption of his person; of the injured. He said to him, if following him who said, he shall pay redemption of his person; of the injured, all is a fine
If somebody produced both a document and ḥazaqah. Rebbi says, it should be judged by the document. Rabban Simeon ben Gamliel says, it should be judged by ḥazaqah. Rebbi Ze`ira in the name of Rav Jeremiah: A case came before Rebbi Jehudah following Rabban Simeon ben Gamliel. Rebbi Jeremiah asked before Rebbi Ze`ira: How? Did Rebbi switch his opinion? There he said, it should be judged by the document. But here he said it should be judged by ḥazaqah. Would we say, before he changed his opinion? Even if you say, after he changed his opinion. Rebbi only wanted to determine the truth of the matter. “If somebody occupied real estate on the basis of a document of sale and it was found invalid, this is not ḥazaqah.” Rebbi Jeremiah said, in dispute. Rebbi Samuel said, Rebbi Ze`ira, Rebbi Jacob bar Aḥa in the name of Rebbi Abinna: it is everybody’s opinion. Rebbi Yose said, there if one produced both a document and ḥazaqah. Here if he came with a document. Rebbi Yudan said, there if he presented two groups of witnesses; here one who contradicts his own proofs.
Between both of them it will never move from between them. If the one forcing the oath forces the oath lying, at the end it will come over him. If the one swearing swears lying, at the end it will come over him. What is the reason? I shall take it out, oracle of the Eternal Sabaot, and it will come into the house of the thief and the house of him who swears falsely in My Name, etc. Rebbi Samuel bar Naḥman said, destructive angels have no joints. What is the reason? From roving about the Earth and walking there. But here, it will destroy its wood and its stones. Come and see, things which the fire will not burn, a vain oath will destroy. Rebbi Jonah said, about falsehood. Rebbi Yose said, even on truth. Ḥaggai was preaching following Rebbi Yose. There was a case about a woman who went to knead dough with another and had two denarii bound into the seam of her head cover. These fell out and were rolled into a loaf. She went back to he house, wanted them and did not find them. She returned to her and said to her, give me the two denarii which fell from me in your house. She told her, I do not know. If she would know of it, she should bury her son. She buried him. When they returned from his grave, she heard a voice saying, if she had not known about them she would not have buried him. She said, if this woman knows about them, she should bury her other son. She buried him. They came to console her and cut one loaf and found two denarii rolled into the loaf. This says, whether innocent or guilty, never swear an oath.
Between both of them it will never move from between them. If the one forcing the oath forces the oath lying, at the end it will come over him. If the one swearing swears lying, at the end it will come over him. What is the reason? I shall take it out, oracle of the Eternal Sabaot, and it will come into the house of the thief and the house of him who swears falsely in My Name, etc. Rebbi Samuel bar Naḥman said, destructive angels have no joints. What is the reason? From roving about the Earth and walking there. But here, it will destroy its wood and its stones. Come and see, things which the fire will not burn, a vain oath will destroy. Rebbi Jonah said, about falsehood. Rebbi Yose said, even on truth. Ḥaggai was preaching following Rebbi Yose. There was a case about a woman who went to knead dough with another and had two denarii bound into the seam of her head cover. These fell out and were rolled into a loaf. She went back to he house, wanted them and did not find them. She returned to her and said to her, give me the two denarii which fell from me in your house. She told her, I do not know. If she would know of it, she should bury her son. She buried him. When they returned from his grave, she heard a voice saying, if she had not known about them she would not have buried him. She said, if this woman knows about them, she should bury her other son. She buried him. They came to console her and cut one loaf and found two denarii rolled into the loaf. This says, whether innocent or guilty, never swear an oath.
HALAKHAH: “All who must swear by Torah standards,” etc. One understands from what is said, an oath before the Eternal shall be between them, would we not know that if he does not swear, he has to pay? Why does the verse say, its owner shall take it, and he does not have to pay? But from the moment the owner accepted his oath, he does not have to pay. Rebbi Ḥaggai asked before Rebbi Yose: Is this only following Rebbi Meїr or even following the rabbis? Did not Rebbi Assi say in the name of Rebbi Joḥanan: Rebbi Meїr is the one who says that out of a negative one understands a positive? Its owner shall take it, and he does not have to pay, therefore if he does not swear, he has to pay. Rebbi Ḥiyya stated: The unpaid and the paid trustees may stipulate to be like a borrower. Rebbi Ḥanina said, everybody agrees that in the language of the Torah out of a negative one understands a positive; where do they disagree? In everyday speech.
Rebbi Abin said, since the householder has many occupations they instituted that the journeyman should swear and collect. [Rebbi Yose ben Rebbi Abun said, there they instituted that the journeyman should swear and collect;] similarly they instituted for the householder that if its deadline had elapsed, he cannot swear and collect. Rebbi Ḥiyya stated, if there are witnesses that he claimed it in time, he swears and collects even after a year. Rebbi Yose said, he has only that single day. Rebbi Jonah said, Rebbi Yose ben Rebbi Ḥanina and Rebbi Simeon ben Laqish disagreed. One said, if he claimed from him during daytime, he has only that day; if in the night he has only that night. But the other said, if he claimed from him and he said, I gave. But if he said, I shall give, the presumption is that he gave. We do not know who said what. Since Rebbi Ḥama bar Uqba said in the name of Rebbi Simeon ben Laqish: if he claimed from him during daytime, he has only that day; if in the night he has only that night, therefore Rebbi Yose ben Rebbi Ḥanina is the one who said, if he claimed from him and he said, I gave. But if he said, I shall give, the presumption is that he gave. Rebbi Mana said, sometimes he claims after its time and it is considered as in time. How is this? He claimed from him and he said to him, did I not say to you that I gave at that date? That date becomes as if it were yesterday; one gives him one measure.
Rebbi Abin said, since the householder has many occupations they instituted that the journeyman should swear and collect. [Rebbi Yose ben Rebbi Abun said, there they instituted that the journeyman should swear and collect;] similarly they instituted for the householder that if its deadline had elapsed, he cannot swear and collect. Rebbi Ḥiyya stated, if there are witnesses that he claimed it in time, he swears and collects even after a year. Rebbi Yose said, he has only that single day. Rebbi Jonah said, Rebbi Yose ben Rebbi Ḥanina and Rebbi Simeon ben Laqish disagreed. One said, if he claimed from him during daytime, he has only that day; if in the night he has only that night. But the other said, if he claimed from him and he said, I gave. But if he said, I shall give, the presumption is that he gave. We do not know who said what. Since Rebbi Ḥama bar Uqba said in the name of Rebbi Simeon ben Laqish: if he claimed from him during daytime, he has only that day; if in the night he has only that night, therefore Rebbi Yose ben Rebbi Ḥanina is the one who said, if he claimed from him and he said, I gave. But if he said, I shall give, the presumption is that he gave. Rebbi Mana said, sometimes he claims after its time and it is considered as in time. How is this? He claimed from him and he said to him, did I not say to you that I gave at that date? That date becomes as if it were yesterday; one gives him one measure.
Rebbi Abin said, since the householder has many occupations they instituted that the journeyman should swear and collect. [Rebbi Yose ben Rebbi Abun said, there they instituted that the journeyman should swear and collect;] similarly they instituted for the householder that if its deadline had elapsed, he cannot swear and collect. Rebbi Ḥiyya stated, if there are witnesses that he claimed it in time, he swears and collects even after a year. Rebbi Yose said, he has only that single day. Rebbi Jonah said, Rebbi Yose ben Rebbi Ḥanina and Rebbi Simeon ben Laqish disagreed. One said, if he claimed from him during daytime, he has only that day; if in the night he has only that night. But the other said, if he claimed from him and he said, I gave. But if he said, I shall give, the presumption is that he gave. We do not know who said what. Since Rebbi Ḥama bar Uqba said in the name of Rebbi Simeon ben Laqish: if he claimed from him during daytime, he has only that day; if in the night he has only that night, therefore Rebbi Yose ben Rebbi Ḥanina is the one who said, if he claimed from him and he said, I gave. But if he said, I shall give, the presumption is that he gave. Rebbi Mana said, sometimes he claims after its time and it is considered as in time. How is this? He claimed from him and he said to him, did I not say to you that I gave at that date? That date becomes as if it were yesterday; one gives him one measure.
Rebbi Abin said, since the householder has many occupations they instituted that the journeyman should swear and collect. [Rebbi Yose ben Rebbi Abun said, there they instituted that the journeyman should swear and collect;] similarly they instituted for the householder that if its deadline had elapsed, he cannot swear and collect. Rebbi Ḥiyya stated, if there are witnesses that he claimed it in time, he swears and collects even after a year. Rebbi Yose said, he has only that single day. Rebbi Jonah said, Rebbi Yose ben Rebbi Ḥanina and Rebbi Simeon ben Laqish disagreed. One said, if he claimed from him during daytime, he has only that day; if in the night he has only that night. But the other said, if he claimed from him and he said, I gave. But if he said, I shall give, the presumption is that he gave. We do not know who said what. Since Rebbi Ḥama bar Uqba said in the name of Rebbi Simeon ben Laqish: if he claimed from him during daytime, he has only that day; if in the night he has only that night, therefore Rebbi Yose ben Rebbi Ḥanina is the one who said, if he claimed from him and he said, I gave. But if he said, I shall give, the presumption is that he gave. Rebbi Mana said, sometimes he claims after its time and it is considered as in time. How is this? He claimed from him and he said to him, did I not say to you that I gave at that date? That date becomes as if it were yesterday; one gives him one measure.
If he paid him in advance; in that case he swears and collects. If a pledge was in his hand; in that case he collects without swearing. If he was a slave. Would the court admit a slave to an oath? If he was suspect? Would the court admit a suspect person to an oath? If both were suspect, it is the dispute between Rebbi Meїr and Rebbi Yose: “If both were suspect, the oath returns to its origin, the words of Rebbi Yose; Rebbi Meїr says, they shall split the difference.”
If he paid him in advance; in that case he swears and collects. If a pledge was in his hand; in that case he collects without swearing. If he was a slave. Would the court admit a slave to an oath? If he was suspect? Would the court admit a suspect person to an oath? If both were suspect, it is the dispute between Rebbi Meїr and Rebbi Yose: “If both were suspect, the oath returns to its origin, the words of Rebbi Yose; Rebbi Meїr says, they shall split the difference.”
May one claim extraordinary things? One may, following what Rebbi Joḥanan said, a person may be rich on the market place and poor in his house; rich in his house and poor in the market place. There is one who poses as richand has nothing, poses as poor and has great wealth. Rebbi Abba told: Bar Ziza’s sharecropper deposited a pound of gold with somebody. Bar Ziza and Bar Ziza’s sharecropper died; the case came before Rebbi Ismael ben Rebbi Yose. Would one not say that all that Bar Ziza’s sharecropper had was Bar Ziza’s property? It should be given to Bar Ziza’s sons. Bar Ziza’s sons came. He said, the adult ones should take half and when the underage grow up they should take half. Rebbi Ismael ben Rebbi Yose died; the case came before the Elder Rebbi Ḥiyya who said, that argument means nothing since there are people who do not advertise themselves. It should be given to the sharecropper’s sons. The trustee told him, I already disbursed half of it. He told him, what you gave, you gave by court order and what you will give, you will give by court order. May the sharecropper’s sons say to Bar Ziza’s sons, give us what you took? They can tell them, what was done was done by court order. May the underage ones say to the adult, let us share with you? May they tell them, we found a find? Rebbi Isaac said, the case between the adult and underage ones is only comparable to a gift given to them.
May one claim extraordinary things? One may, following what Rebbi Joḥanan said, a person may be rich on the market place and poor in his house; rich in his house and poor in the market place. There is one who poses as richand has nothing, poses as poor and has great wealth. Rebbi Abba told: Bar Ziza’s sharecropper deposited a pound of gold with somebody. Bar Ziza and Bar Ziza’s sharecropper died; the case came before Rebbi Ismael ben Rebbi Yose. Would one not say that all that Bar Ziza’s sharecropper had was Bar Ziza’s property? It should be given to Bar Ziza’s sons. Bar Ziza’s sons came. He said, the adult ones should take half and when the underage grow up they should take half. Rebbi Ismael ben Rebbi Yose died; the case came before the Elder Rebbi Ḥiyya who said, that argument means nothing since there are people who do not advertise themselves. It should be given to the sharecropper’s sons. The trustee told him, I already disbursed half of it. He told him, what you gave, you gave by court order and what you will give, you will give by court order. May the sharecropper’s sons say to Bar Ziza’s sons, give us what you took? They can tell them, what was done was done by court order. May the underage ones say to the adult, let us share with you? May they tell them, we found a find? Rebbi Isaac said, the case between the adult and underage ones is only comparable to a gift given to them.
MISHNAH: And if the opposing party was suspect of perjury, how? Equally oaths about testimony, or oaths about deposits, or even vain oaths, if one of them was a dice-player, a lender on interest, a participant in pigeon contests, or a dealer in sabbatical produce, the opposing party swears and collects. If both of them were suspect, the oath returns to its place, the words of Rebbi Yose. Rebbi Meїr says, they shall split.
Dealers in sabbatical produce, that is the sabbatical trader. “Who is a sabbatical trader? One who sits idle all the years of a sabbatical cycle. In the sabbatical year he becomes active and trades in sabbatical produce. One does not accept him before another sabbatical year starts and he can be checked out that he repented in complete repentance.” Rebbi Yose stated, two sabbatical periods. “Rebbi Nehemiah says, repentance in money, not repentance in words; that he say to them, here are 200 denars, distribute them to the poor, for I earned them from forbidden produce.” They added shepherds, extortionists, and any who are suspect in money matters, that their testimony be invalid. Rebbi Abbahu said, shepherds of small animals.
Rav Huna said: Who is the Tanna of “participants in pigeon contests”? Rebbi Eliezer, as we have stated there: “Participants in pigeon contests are disqualified from testimony.” Rebbi Mana said before Rebbi Yose: Is that statement in Sanhedrin Rebbi Eliezer’s? He told him, it is everybody’s opinion. So said Rebbi Yose: We knew that he was disqualified for testimony in money matters. What does he come to testify about? For as he is disqualified in money matters, so he is disqualified to testify in criminal trials. The witnesses for the New Moon are held to the standards of criminal trials, as we have stated: “Any testimony for which a woman is not qualified, they are not qualified for.” Who stated this? The rabbis! Do the rabbis follow Rebbi Eliezer? They agree with him and disagree with him. Rebbi Huna in the name of Rebbi Jonah said: It follows Rebbi Eliezer in everything. It turns out that this disagreement parallels another disagreement, as it was stated: A perjured witness is disqualified for any and all testimony required by the Torah, the words of Rebbi Meїr. Rebbi Yose said, when has this been said? When he was found perjured in criminal matters. But if he was found perjured in money matters, he is disqualified only from that particular testimony. It turns out that Rebbi Yose parallels the rabbis and Rebbi Meїr Rebbi Eliezer.
Rav Huna said: Who is the Tanna of “participants in pigeon contests”? Rebbi Eliezer, as we have stated there: “Participants in pigeon contests are disqualified from testimony.” Rebbi Mana said before Rebbi Yose: Is that statement in Sanhedrin Rebbi Eliezer’s? He told him, it is everybody’s opinion. So said Rebbi Yose: We knew that he was disqualified for testimony in money matters. What does he come to testify about? For as he is disqualified in money matters, so he is disqualified to testify in criminal trials. The witnesses for the New Moon are held to the standards of criminal trials, as we have stated: “Any testimony for which a woman is not qualified, they are not qualified for.” Who stated this? The rabbis! Do the rabbis follow Rebbi Eliezer? They agree with him and disagree with him. Rebbi Huna in the name of Rebbi Jonah said: It follows Rebbi Eliezer in everything. It turns out that this disagreement parallels another disagreement, as it was stated: A perjured witness is disqualified for any and all testimony required by the Torah, the words of Rebbi Meїr. Rebbi Yose said, when has this been said? When he was found perjured in criminal matters. But if he was found perjured in money matters, he is disqualified only from that particular testimony. It turns out that Rebbi Yose parallels the rabbis and Rebbi Meїr Rebbi Eliezer.
Rav Huna said: Who is the Tanna of “participants in pigeon contests”? Rebbi Eliezer, as we have stated there: “Participants in pigeon contests are disqualified from testimony.” Rebbi Mana said before Rebbi Yose: Is that statement in Sanhedrin Rebbi Eliezer’s? He told him, it is everybody’s opinion. So said Rebbi Yose: We knew that he was disqualified for testimony in money matters. What does he come to testify about? For as he is disqualified in money matters, so he is disqualified to testify in criminal trials. The witnesses for the New Moon are held to the standards of criminal trials, as we have stated: “Any testimony for which a woman is not qualified, they are not qualified for.” Who stated this? The rabbis! Do the rabbis follow Rebbi Eliezer? They agree with him and disagree with him. Rebbi Huna in the name of Rebbi Jonah said: It follows Rebbi Eliezer in everything. It turns out that this disagreement parallels another disagreement, as it was stated: A perjured witness is disqualified for any and all testimony required by the Torah, the words of Rebbi Meїr. Rebbi Yose said, when has this been said? When he was found perjured in criminal matters. But if he was found perjured in money matters, he is disqualified only from that particular testimony. It turns out that Rebbi Yose parallels the rabbis and Rebbi Meїr Rebbi Eliezer.
Rav Huna said: Who is the Tanna of “participants in pigeon contests”? Rebbi Eliezer, as we have stated there: “Participants in pigeon contests are disqualified from testimony.” Rebbi Mana said before Rebbi Yose: Is that statement in Sanhedrin Rebbi Eliezer’s? He told him, it is everybody’s opinion. So said Rebbi Yose: We knew that he was disqualified for testimony in money matters. What does he come to testify about? For as he is disqualified in money matters, so he is disqualified to testify in criminal trials. The witnesses for the New Moon are held to the standards of criminal trials, as we have stated: “Any testimony for which a woman is not qualified, they are not qualified for.” Who stated this? The rabbis! Do the rabbis follow Rebbi Eliezer? They agree with him and disagree with him. Rebbi Huna in the name of Rebbi Jonah said: It follows Rebbi Eliezer in everything. It turns out that this disagreement parallels another disagreement, as it was stated: A perjured witness is disqualified for any and all testimony required by the Torah, the words of Rebbi Meїr. Rebbi Yose said, when has this been said? When he was found perjured in criminal matters. But if he was found perjured in money matters, he is disqualified only from that particular testimony. It turns out that Rebbi Yose parallels the rabbis and Rebbi Meїr Rebbi Eliezer.
“Similarly, the orphans can collect only by an oath;” etc. Rebbi Joḥanan in the name of Rebbi Yannai: One pays from an orphan’s property only if interest is due; Rebbi Nathan says, also a woman’s ketubah. Rebbi Mana said, because of her sustenance. Rebbi Mattania said, who is worried about sustenance? Rebbi Simeon! Since Rebbi Simeon said, all depends on the female. What about it? For attraction, that everybody should jump to marry her. Rebbi Nathan said, also for robbery and torts. Rebbi Yose said, we stated both of these. Robbery from the following: “If it was mortgageable, he has to pay.” For torts from the following: “One pays from minor orphans’ property only from the least valuable.” So is the Mishnah: One pays for torts from minor orphans’ property only from the least valuable. But was it not stated, the son shall stand in the father’s place; one estimates torts from the most valuable land, creditors from average quality, and a woman’s ketubah from the least valuable? Rebbi Yose ben Rebbi Abun said, explain it as everybody’s opinion about testamentary dispositions.
“Similarly, the orphans can collect only by an oath;” etc. Rebbi Joḥanan in the name of Rebbi Yannai: One pays from an orphan’s property only if interest is due; Rebbi Nathan says, also a woman’s ketubah. Rebbi Mana said, because of her sustenance. Rebbi Mattania said, who is worried about sustenance? Rebbi Simeon! Since Rebbi Simeon said, all depends on the female. What about it? For attraction, that everybody should jump to marry her. Rebbi Nathan said, also for robbery and torts. Rebbi Yose said, we stated both of these. Robbery from the following: “If it was mortgageable, he has to pay.” For torts from the following: “One pays from minor orphans’ property only from the least valuable.” So is the Mishnah: One pays for torts from minor orphans’ property only from the least valuable. But was it not stated, the son shall stand in the father’s place; one estimates torts from the most valuable land, creditors from average quality, and a woman’s ketubah from the least valuable? Rebbi Yose ben Rebbi Abun said, explain it as everybody’s opinion about testamentary dispositions.
Rav Ḥiyya bar Ashi in the name of Rav: A document produced by the creditor in the creditor’s handwriting is invalid, for I am saying that he has practiced writing documents. This implies that in the hand of another it would be valid. Rebbi Abinna in the name of Samuel: It is always invalid unless it be in the creditors’s possession but in the debtor’s handwriting. What about this? Rebbi Yose ben Rebbi Bun said, explain it according to everybody about a testamentary gift.
HALAKHAH: Rebbi Yose said, this means if he trades without account; it does not apply if there are accounts. Also the family member trades without accounts. Rebbi Ze`ira agrees with Rebbi Yose. A man came for judgment before Rebbi Ze`ira who required him to swear for two denars. He told him, do I not owe you two denars? Here they are thrown to you. He answered him, and cloth of fine wool X and Y. Rebbi Ze`ira said, either you give him everything he claims from you or you swear to him everything which he rolls over to you. How far does one roll over? Rebbi Joḥanan said, until he say to him, you are my slave. Think of it, could he be Cohen and Hebrew slave? Is there such a slave today?
HALAKHAH: Rebbi Yose said, this means if he trades without account; it does not apply if there are accounts. Also the family member trades without accounts. Rebbi Ze`ira agrees with Rebbi Yose. A man came for judgment before Rebbi Ze`ira who required him to swear for two denars. He told him, do I not owe you two denars? Here they are thrown to you. He answered him, and cloth of fine wool X and Y. Rebbi Ze`ira said, either you give him everything he claims from you or you swear to him everything which he rolls over to you. How far does one roll over? Rebbi Joḥanan said, until he say to him, you are my slave. Think of it, could he be Cohen and Hebrew slave? Is there such a slave today?
HALAKHAH: “There are four kinds of keepers,” etc. Rebbi Joḥanan said, there are four kinds of keepers and they become liable only through acquisition. Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar: Also in matters of robbery they become liable only through acquisition. Rebbi Yose ben Rebbi Bun said, a baraita said so: “one who contracts with another for a field,” etc. Rebbi Ḥananiah said, Rebbi Abun, also in theft cases they become liable only through acquisition. Rebbi Ḥananiah in the name of Rebbi Phineas, our Mishnah said so: “If he was pulling it to lead it out but it died on the owner’s property, he is not liable. If he lifted it or had it led outside the owner’s property when it died, he is liable.” If he lifted it inside the owner’s property it is as if he had taken it out of the entire property of the owner. If he was pulling it and it left, only after it left the entire property of the owner. Rebbi Abbahu in the name of Rebbi Joḥanan: If it was standing at his feeding trough. Rebbi Abun bar Ḥiyya asked: If it was standing at his feeding trough then even if he did not pull it! But we must deal with the case that it was standing in the public domain. Does Rebbi Abun bar Ḥiyya follow the House of Shammai, since the House of Shammai say, “he shall be hit by less or more”? How do we hold? If it was standing in the public domain and he intended to rustle it when it died, according to everybody he became liable by that intention. If he did not start to pull it, according to everybody he is not liable. But we most hold that it was standing at a feeding trough on his property. As Rebbi Abun bar Ḥiyya said, following the House of Shammai. Rebbi Abun said, there he acquired without the knowledge of its owner; but here when he acquires with the knowledge of its owner.
It is written: If a man give to another, etc’, to keep. To keep, not to tear it up. To keep, not to throw it away. To keep, not to give it away as a gift. Rebbi Yose said, only if he said to give it to anyone he likes. But if he said, to X, since he is obligated to keep it is as if he kept it for him.
Rebbi Yudan asked: If he claimed the claim of a thief and duress? He told him, an armed robber came and took it; does he have to pay double restitution of duress? Rebbi Yose said, if it were so one should state “the paid keeper and the renter;” but we have stated: We do not find that the paid keeper and the renter pay double restitution of duress. On this we have stated, “this is an argument de minore ad majus which is questionable”. Rebbi Ḥanina said, if you say so, should you say, this is an argument de minore ad majus which is questionable, for he can tell him, let us say that the borrower pays double restitution. On this it was stated, this is an argument de minore ad majus which cannot be challenged.
Rebbi Yose bar Ḥanina asked, what was said, to take? Took? Did not Rebbi Hoshaia state, “it broke”; if it turned into vinegar he pays for everything? It turned into vinegar only because of its spoilage. Rebbi Samuel, Rebbi Abbahu in the name of Rebbi Eleazar. “Grabbing” which was mentioned for the unpaid keeper makes him liable only if he diminished. Rebbi Samuel asked before Rebbi Abbahu: What has been said about taking? That he diminished or even if he did not diminish? He said to him, is that not Rebbi Yose bar Ḥanina’s question, to take, took? If you say “to take”, even if he did not diminish. If you say “took,” only when he diminished. If you say “to take”, if he returned it either to its former place or to another place he is not liable. If you say “took,” if he returned it to its former place he is not liable, to another place he is liable.
Rebbi Yose bar Ḥanina asked, what was said, to take? Took? Did not Rebbi Hoshaia state, “it broke”; if it turned into vinegar he pays for everything? It turned into vinegar only because of its spoilage. Rebbi Samuel, Rebbi Abbahu in the name of Rebbi Eleazar. “Grabbing” which was mentioned for the unpaid keeper makes him liable only if he diminished. Rebbi Samuel asked before Rebbi Abbahu: What has been said about taking? That he diminished or even if he did not diminish? He said to him, is that not Rebbi Yose bar Ḥanina’s question, to take, took? If you say “to take”, even if he did not diminish. If you say “took,” only when he diminished. If you say “to take”, if he returned it either to its former place or to another place he is not liable. If you say “took,” if he returned it to its former place he is not liable, to another place he is liable.
Rebbi Eleazar in the name of Rebbi Hoshaia: “Grabbing” is mentioned for the unpaid keeper and “grabbing” is mentioned for the paid keeper, but “grabbing” mentioned for the unpaid keeper is not comparable to “grabbing” mentioned for the paid keeper. “Grabbing” mentioned for the unpaid keeper does not make him liable unless he move it. “Grabbing” mentioned for the paid keeper, he is liable from the moment he puts his staff and his bag on it. Rebbi Yose ben Nehorai heard this and said, I am not accepting this, but in any case he is not liable unless he move it. Rebbi Immi in the name of Rebbi Eleazar: But did not Rebbi Hoshaia state it in this way? If “grabbing” had not been mentioned for the unpaid keeper as unnecessary, I would have inferred from the recipient of a fee. Since the recipient of a fee, with whom the Torah was strict, does not become liable unless he move it, it is only logical that an unpaid keeper, with whom the Torah was lenient, not be liable unless he move it. For which purpose was “grabbing” mentioned for the unpaid keeper since it was unnecessary? To be strict with the recipient of a fee; from the moment he puts his staff or his bag on it he is liable. Rebbi Yose said, if you say so, you infer about the premise to restrict it. For one could say to him, since the recipient of a fee, with whom the Torah was strict, does not become liable unless he move it, the unpaid keeper, with whom the Torah was lenient, should not be liable even if he move it. But it must be the following: “Grabbing” should not have been mentioned for the paid keeper as unnecessary, for I would have inferred from the unpaid keeper. Since the unpaid keeper, with whom the Torah was lenient, is not liable unless he move it, the recipient of a fee, with whom the Torah was strict, becomes liable when he moves it. For which purpose was “grabbing” mentioned for the recipient of a fee since it was unnecessary? To be strict; from the moment he puts his staff or his bag on it he is liable.
Rebbi Eleazar in the name of Rebbi Hoshaia: “Grabbing” is mentioned for the unpaid keeper and “grabbing” is mentioned for the paid keeper, but “grabbing” mentioned for the unpaid keeper is not comparable to “grabbing” mentioned for the paid keeper. “Grabbing” mentioned for the unpaid keeper does not make him liable unless he move it. “Grabbing” mentioned for the paid keeper, he is liable from the moment he puts his staff and his bag on it. Rebbi Yose ben Nehorai heard this and said, I am not accepting this, but in any case he is not liable unless he move it. Rebbi Immi in the name of Rebbi Eleazar: But did not Rebbi Hoshaia state it in this way? If “grabbing” had not been mentioned for the unpaid keeper as unnecessary, I would have inferred from the recipient of a fee. Since the recipient of a fee, with whom the Torah was strict, does not become liable unless he move it, it is only logical that an unpaid keeper, with whom the Torah was lenient, not be liable unless he move it. For which purpose was “grabbing” mentioned for the unpaid keeper since it was unnecessary? To be strict with the recipient of a fee; from the moment he puts his staff or his bag on it he is liable. Rebbi Yose said, if you say so, you infer about the premise to restrict it. For one could say to him, since the recipient of a fee, with whom the Torah was strict, does not become liable unless he move it, the unpaid keeper, with whom the Torah was lenient, should not be liable even if he move it. But it must be the following: “Grabbing” should not have been mentioned for the paid keeper as unnecessary, for I would have inferred from the unpaid keeper. Since the unpaid keeper, with whom the Torah was lenient, is not liable unless he move it, the recipient of a fee, with whom the Torah was strict, becomes liable when he moves it. For which purpose was “grabbing” mentioned for the recipient of a fee since it was unnecessary? To be strict; from the moment he puts his staff or his bag on it he is liable.
HALAKHAH: “Within three days before Gentile holidays,” etc. Rebbi Ḥama bar Uqba understood all from here: Bring your sacrifices in the morning, on the third day your tithes. Rebbi Yose said to him, if it were so, even in the diasporas. But it was stated, Nahum the Mede said, in the diasporas one day is forbidden. What about this? There, they checked and found that they supplied their needs in one day and forbade them one day. But here they checked and found that they cover their needs in three days and forbade them three days.
How does Rebbi Yose uphold this verse, bring your sacrifices in the morning, etc? The verse speaks about Jeroboam’s kingdom. When Jeroboam became king over Israel he started seducing Israel and said to them come, let us worship pagan worship. Pagan worship is lenient. This is what is written, let us go against Jehudah, cut it down, break it up, and appoint a king in it, the man from Ṭabeal. Rebbi Abba said, we checked all of Scripture but did not find a place named Ṭabeal. But it treats its worshippers well. The Torah said, selected him from all of the tribes of Israel to be a priest for Me. Pagan worship says, he made priests from the fringes of the people. Rebbi La said, from the thorns of the people, the rubbish of the people. The Torah said, the fat of My sacrifice shall not remain until the morning; but pagan worship said, bring your sacrifices in the morning. The Torah said, it should be eaten on the day of its slaughter and the next day; but pagan worship said, on the third day your tithes. The Torah said, do not sacrifice the blood of My sacrifice on leavened matter; but pagan worship said, and burn your thanksgiving offer of leavened matter. The Torah said, if you are vowing a vow to the Eternal, your God, do not tarry to fulfill it, but pagan worship said, pledge gifts, publicize them. Rebbi Yudan, Rebbi Mattaniah’s father, said, the verse only serves to mention the shame of Israel. The day of our king, the princes are sick from wine’s heat, he draws the mockers by his hand. On the day when Jeroboam became king over Israel, all of Israel came to him late in the evening and told him, come and worship pagan worship. He told them, it is late in the evening; I am drunk and not drunk. Everybody is drinking; but if you wish, go and come in the morning. That is what is written, for their heart is like an oven while they are lying in ambush; all night long their baker is sleeping. All night long their baker did not sleep. In the morning he is burning like fire of a conflagration. In the morning they came to him. He told them, I do understand what you want but I am afraid of your Synhedrion lest they kill me. They told him, we shall kill them; this is what is written, that all are glowing like an oven and eat their judges. Rebbi Levi said, they killed them, as is written, if a corpse is found. Rebbi La said, they deposed them; The day of our king, the princes are profaned from wine’s heat; the day when princes were profaned. From wine’s heat, they were addicted to wine. He draws the mockers by his hand: When he saw a serious person he placed two scoffers next to him who asked him, which generation was preferred over all generations? He told them, the generation of the Exodus. But did they not practice pagan worship? He answered them, because they were beloved they were not punished. But they told him, be quiet for the king wants to do the same. Not only that, but they made one and this one made two. He put the one up at Bethel; the other he gave to Dan.
The haughtiness of Jeroboam damned him absolutely. Rebbi Yose ben Jacob said, Jeroboam became king at the end of a Sabbatical year. This refers to what is written, at the end of seven years, at the time of the Sabbatical year, on the festival of Tabernacles, when all of Israel comes to appear before the Eternal, your God, at the place which He shall choose, you shall read this Torah in the presence of all of Israel to their ears. He said, if I am asked to read, I have to stand. They will say, the local king has precedence. But if I am reading as second, it is a shame for me. If I do not read, it is a disgrace for me. And if I let them go, they will ascend and desert me. They will go to Rehabeam, Solomon’s son. This is what is written: If this people would go up to sacrifice in the Temple in Jerusalem will this people’s heart return to their master, to Rehabeam. What did he do? He made two golden calves and wrote on their hearts, “they will kill you.” He said, any king who will succeed me will look at them. Rebbi Ḥuna said, companions of ingenious conjurations. Anybody who joined with him he will make a coconspirator. Rebbi Ḥuna said, a slaughtering place deepened by seducers, for he deepened in crime. He said, anybody, I shall kill anybody who makes this public.
It was stated: If one transgressed and traded with him, it is permitted. Rebbi Jacob bar Aḥa, Rebbi Yose, in the name of Rebbi Joḥanan: Even on his holiday. It was stated so: When was this said? About a Gentile whom he does not know. But with a Gentile of his acquaintance it is permitted since he is flattering him. It was stated: If one enters a town and finds them celebrating, he celebrates with them because he only is flattering them.
There, we have stated: “Rebbi Jehudah says, a woman should not apply lime because it disfigures her.” Rebbi Ḥanina and Rebbi Mana. One said, they disagreed about lime which she removed on the holiday, but lime which she removes after the holiday is forbidden. But the other says, they disagreed about lime which she removes after the holiday. But lime which she removes during the holiday is permitted. We did not know who said what. From what R. Ḥanina, Rebbi Yose said in the name of Rebbi Joḥanan, Rebbi Jehudah is consistent. Just as Rebbi Jehudah said there, temporary disfiguration is disfiguration, so he says here, temporary pain is pain. This implies that they disagreed about lime which she removed on the holiday, but lime which she removes after the holiday is forbidden.
Rav said, Adam, the first man, instituted Calendas. When he saw that the night was getting longer, he said, woe to me, maybe this is what is written for, he shall smite your head, you will sneak to his heel, maybe it will come to bite me. I said, but darkness will smite me. When he saw that days were getting longer, he said calendas, καλόνdies. This follows him who said that the world was created in Tishre. But following him who said that the world was created in Nisan, he would have known. Rebbi Yose ben Rebbi Abun said, who thinks that the world was created in Tishre? Rav! As we have stated in the composition for shofar blowing from the House of Rav: “This is the day of the beginning of Your works, a remembrance of the first day.” This implies that the world was created on New Year’s Day.
Rav said, Calendae are forbidden for everybody. Rebbi Joḥanan said, it is forbidden only for those worshipping on them. Saturnalia are forbidden for everybody. Rebbi Joḥanan said, both Calendae and Saturnalia are forbidden only for those worshipping on them. The colleagues asked: are wives of worshippers like worshippers? Rebbi Abbahu asked: is the parade of Caesarea like worship, since it is full of Samaritans? The parade of Duqim is questionable. Rebbi Ze‘ira sent Rebbi Bevai that he should buy him a small web from the Saturnalia of Bet-Shean. He came to Rebbi Yose. He thought that he would instruct him following Rebbi Joshua ben Levi who permitted it. But he instructed him following Rebbi Joḥanan that it was forbidden. Rav said, Calends are eight days before the solstice, Saturnalia eight days after the solstice. Rebbi Joḥanan said, prwqṭw is the head of the turning point.
“Cratesis.” The day when Rome took hold of the Empire. Was this not stated already? Rebbi Yose ben Rebbi Abun said, for the second time. Rebbi Levi said, on the day when Solomon married the daughter of Pharao Necho, the king of Egypt, Michael descended and put a stick into the Sea which attracted debris and formed a forest; that is the great fortification in Rome. On the day when Jeroboam put up two golden calves, Remus and Romulus built two sheds in Rome. On the day Eliahu disappeared a king was installed at Rome; a king, there is no king appointed in Edom.
Rebbi Ḥiyya bar Abba sent to buy sandals for himself at the fair of Tyre. Rebbi Jacob bar Aḥa said to him, are you a buyer at fairs? He answered him, did you never buy a loaf of bread? He said to him, there is a difference, since Rebbi Joḥanan said, they did not forbid the necessities of life. Rebbi Simeon ben Joḥanan sent to ask Rebbi Simeon ben Josadaq, did you not check out the nature of the fair at Tyre? He told him, yes. He gave two pounds of peppers to an איסקרנדה. He went and found an inscription there, “I, King Diocletian, settled this fair at Tyre to the genius of my brother Heraklius, eight days.” Rebbi Isaac bar Naḥman asked Rebbi Ḥanina: What is the nature of the fair at Gaza? He said to him, did you ever go to Tyre and see a Jew and a Gentile sharing a pot, and he does not worry that the Gentile pour something into the pot? This is difficult. He asked him; what did he answer him? But since Rebbi Ḥanina never said something that he had not heard, for that reason when he asked him this he responded with that. Rebbi Yose ben Rebbi Abun came, Abba bar bar Ḥana in the name of Rebbi Joḥanan: They forbade only the fair at Botnah, as it was stated thus: There are three fairs, the fair at Gaza, the fair at Acco, the fair at Botnah. The clearest of them is the fair at Botnah.
“Rebbi Meïr says, it is also forbidden to sell good dates, and curved dates, and Nicolaos dates to Gentiles.” Rebbi Ḥama bar Uqba said, Caryotis. Rebbi Eleazar ben Rebbi Yose said, it is a kind known as ḥaṣda. If somebody transgressed and sold? It will come similar to what Rebbi Eleazar said, if he transgressed and built it is permitted, and here if he transgressed and sold it is permitted.
If he transgressed and sold one fines him. Just as one fines for practice so one fines for custom. From where that one fines for custom? A person sold his camel to an Aramean. The case came before Rebbi Simeon ben Laqish who fined him double to make him take back the camel. Rebbi Yose ben Rebbi Abun said, they fined the broker and called him son who brokers to Arameans. Does Rebbi Simeon ben Laqish follow Rebbi Jehudah? As it was stated in the name of Rebbi Jehuda: “If somebody buys an animal from a Gentile and it gave birth to a firstling, he buys it up to its worth and gives half of its worth to a Cohen. If it was given to him as contractor, he has to pay for up to ten times its worth and gives all of its worth to the Cohen. But the Sages say, since the finger of the Gentile in involved it is no longer liable as firstling.” Rebbi Simeon ben Laqish is more than Rebbi Jehudah. What Rebbi Jehudah said because of the practice of firstlings; but what Rebbi Simeon ben Laqish said because of practice regarding a large animal.
“Rebbi Jehudah permits damaged ones.” Rebbi Jehudah said this only for a damaged one which cannot be healed. They told him, may he not bring a male to it, he fertilizes it and it gives birth? He said to them, I also said this only about a male (horse) [damaged one] which cannot be healed. They told him, may he not bring a female to him, she is fertilized by him and gives birth? Rav Abin in the name of the rabbis there: This implies that one is forbidden to provide them with fetuses. There, we have stated: “If somebody buys a Non-Jew’s donkey fetus or who sells one to him even though he is not authorized, or one who enters into partnership, or accepts from him as contractor, or lets it in contract, is not liable for firstling.” Rebbi Ḥaggai asked before Rebbi Yose, does this not imply that one is forbidden to provide them with fetuses? He said to them, Rebbi Abin in the name of the rabbis there already preceded you: This implies that one is forbidden to provide them with fetuses.
“Ben Bathyra permits horses.” Ben Bathyra said this only about a male horse because it kills its owner in war. Some say, because it runs after females, and some say, because it stands still to urinate. What is between them? A gelding. He who says because it runs after females, it does not run. He who says because it stands still to urinate, this one also stands still to urinate. [Rebbi Aḥa in the name of] Rebbi Tanḥum bar Ḥiyya: If it gets old he binds it to the grindstone. Rebbi Yose ben Rebbi Abun in the name of Rebbi Huna: Ben Bathyra and Rebbi Nathan both said the same, as it was stated: “If he carried out domestic animals, wild animals, or birds, whether alive or dead, he is liable. Rebbi Nathan says, dead he is liable, alive he is not liable.” The rabbis hold that he is liable for a purification sacrifice and they answer him so? They answer following his own argument. Following your argument, since you are saying because of rabbinic Sabbath prohibition, also we hold that if it gets old he binds it to the grindstone. Rebbi says, I am saying that it is forbidden for two reasons, as a weapon and as a large animal. It was stated so: A large wild animal is like a (small) [large] domestic animal. Who stated this? Rebbi. The words of the Sages: Rebbi Bisna, Rebbi Ḥanan bar Abba in the name of Rav: A wild animal is like a (large) [small] domestic animal.
MISHNAH: In the Land of Israel one does not lease houses to them and certainly not fields. In Syria one leases houses to them but not fields. Outside the Land one sells houses to them and leases fields, the words of Rebbi Meïr. Rebbi Yose says, also in the Land of Israel one leases houses to them but not fields; in Syria one sells houses and leases fields; outside the Land one sells both.