yose
4944 occurrences across the corpus
The Jerusalem Talmud
HALAKHAH: “One does not lease houses to them,” etc. Rebbi Ze‘ira in the name of Rebbi Yose ben Ḥanina, Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: לֹא תְחָנֵּֽם do credit them with charm; לֹא תְחָנֵּֽם do not give them free gifts; לֹא תְחָנֵּֽם do not give them encampment in the Land. But did we not state, “Rebbi Yose says, also in the Land of Israel one leases houses to them”? A house is not a source of blessing; a field is a source of blessing. Rebbi Yose ben Rebbi Abun instructed that it is forbidden to let them lease a grave in the Land of Israel because of “do not give them encampment in the Land.”
HALAKHAH: “One does not lease houses to them,” etc. Rebbi Ze‘ira in the name of Rebbi Yose ben Ḥanina, Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: לֹא תְחָנֵּֽם do credit them with charm; לֹא תְחָנֵּֽם do not give them free gifts; לֹא תְחָנֵּֽם do not give them encampment in the Land. But did we not state, “Rebbi Yose says, also in the Land of Israel one leases houses to them”? A house is not a source of blessing; a field is a source of blessing. Rebbi Yose ben Rebbi Abun instructed that it is forbidden to let them lease a grave in the Land of Israel because of “do not give them encampment in the Land.”
HALAKHAH: “One does not lease houses to them,” etc. Rebbi Ze‘ira in the name of Rebbi Yose ben Ḥanina, Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: לֹא תְחָנֵּֽם do credit them with charm; לֹא תְחָנֵּֽם do not give them free gifts; לֹא תְחָנֵּֽם do not give them encampment in the Land. But did we not state, “Rebbi Yose says, also in the Land of Israel one leases houses to them”? A house is not a source of blessing; a field is a source of blessing. Rebbi Yose ben Rebbi Abun instructed that it is forbidden to let them lease a grave in the Land of Israel because of “do not give them encampment in the Land.”
לֹא תְחָנֵּֽם do not credit them with charm. But was it not stated: It happened that Rabban Gamliel while walking on the Temple Mount saw a beautiful Gentile woman and recited a blessing over her. Does Rabban Gamliel usually look at women? It was a curved road, like a pswros, he looked at her because he could not avoid her. But did not Rebbi Ze‘ura in the name of Rebbi Yose ben Ḥanina, Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan say: לֹא תְחָנֵּֽם do not credit them with charm? What did he say? He did not say ἀβάσκαντα but “praised be He Who has beautiful creatures in His world,” because even if one saw a beautiful donkey, a beautiful camel, a beautiful horse, one says “praised be He Who has such beautiful creatures in His world.”
Rebbi Simeon, Rebbi Abbahu in the name of Rebbi Yose bar Ḥanina: a Jewish braider should not braid a Gentile because of “do not give on them charm.” Also a Jew should not be a Gentile’s best man because of do not contract marriage with them. Rebbi Isaac from Gufta asked before Rebbi Mana: It is forbidden to go to their wedding feasts, not a fortiori to become his best man? He told him, to put a biblical prohibition on it.
Rabbi Simon had vineyard planters on King’s Mountain. He asked Rebbi Joḥanan who told him, let them lie fallow and do not lease them to a Gentile. He asked Rebbi Joshua [ben Levi], may one lease them to a Gentile? Rebbi Joshua [ben Levi] permitted it at a place where no Jews could be found as for example Syria. About Syria we can understand from the following: Rebbi Ḥaggai went to Homs. Those of Bar Ashtor came and asked him: Since we cannot find Jews we lease to Gentiles;l do we have to tithe through them? He sent and asked Rebbi Ze‘ira. Rebbi Ze‘ira asked Rebbi Immi (and said to him, rabbi, does one have to tithe?) He told him, one does not have to tithe because of them. From this you (Rebbi Simeon) [understand] to lease following Rebbi Yose. In addition, from what Rebbi Ḥanina (Rebbi Abbahu) the son of Rebbi Abbahu said, my father had a case. He sent and asked Rebbi Ḥiyya, Rebbi Yasa, Rebbi Immi, and they instructed him to lease following Rebbi Yose. Therefore one does not tithe through them.
Rabbi Simon had vineyard planters on King’s Mountain. He asked Rebbi Joḥanan who told him, let them lie fallow and do not lease them to a Gentile. He asked Rebbi Joshua [ben Levi], may one lease them to a Gentile? Rebbi Joshua [ben Levi] permitted it at a place where no Jews could be found as for example Syria. About Syria we can understand from the following: Rebbi Ḥaggai went to Homs. Those of Bar Ashtor came and asked him: Since we cannot find Jews we lease to Gentiles;l do we have to tithe through them? He sent and asked Rebbi Ze‘ira. Rebbi Ze‘ira asked Rebbi Immi (and said to him, rabbi, does one have to tithe?) He told him, one does not have to tithe because of them. From this you (Rebbi Simeon) [understand] to lease following Rebbi Yose. In addition, from what Rebbi Ḥanina (Rebbi Abbahu) the son of Rebbi Abbahu said, my father had a case. He sent and asked Rebbi Ḥiyya, Rebbi Yasa, Rebbi Immi, and they instructed him to lease following Rebbi Yose. Therefore one does not tithe through them.
HALAKHAH: “Also in a case where they said to lease,” etc. Therefore, at a place where one is used to sell, he may sell even a dwelling and lease a dwelling. Rebbi Aḥa, Rebbi Tanḥum bar Ḥiyya in the name of Rebbi Eleazar ben Rebbi Yose: Even a small room as in the tannery of Sidon. Not only all of it, but even one room. “If there were two, one inside the other, the inner one is liable, the outer one is not liable.” If there was one and it was subdivided into two, two and combined into one? Rebbi Abin in the name of the rabbis there: This implies that if there was a field adjacent to a road it is forbidden to lease it to Gentiles because it is known by the name of the Jew and they plough there on Sabbaths and holidays.
HALAKHAH: “One does not put up animals in hostelries of Gentiles,” etc. Rebbi Ze‘ira, Rebbi Abbahu in the name of Rebbi Yose ben Rebbi Ḥanina; Rebbi Abba, Rebbi Jonah: explain it following Rebbi Eliezer, since Rebbi Eliezer said “it may not be bought from Gentiles.” Rebbi Jonah asked, why do we not explain it according to everybody, following what Rebbi Eleazar said in the name of Rav: Even one who says it is permitted to sell [says] it is forbidden to leave alone. If he transgressed and left it alone by everybody’s opinion. Rebbi Jeremiah said, let us hear from the following: “A woman who was jailed by Gentiles.” Rebbi Yose said, it is different for a woman because she usually cries. Think of it if she was mute! She uses sign language. What about it? Explain it following Rebbi Eliezer, since Rebbi Eliezer said “it may not be bought from Gentiles.” They wanted to say, where do Rebbi Eliezer and the rabbis disagree? About the cow, because of “eminence was given to the cow, an adornment was made for the cow.” But since the rabbis answer to Rebbi Eliezer all sheep of Qedar will be assembled for you, this says that Rebbi Eliezer disagrees about everything. Rebbi Hoshaia asked, does one reply with an argument about the future against one about the past? Rebbi Abin asked, does one reply with an argument when evil inclinations will have disappeared against one when evil inclinations exist?
HALAKHAH: “One does not put up animals in hostelries of Gentiles,” etc. Rebbi Ze‘ira, Rebbi Abbahu in the name of Rebbi Yose ben Rebbi Ḥanina; Rebbi Abba, Rebbi Jonah: explain it following Rebbi Eliezer, since Rebbi Eliezer said “it may not be bought from Gentiles.” Rebbi Jonah asked, why do we not explain it according to everybody, following what Rebbi Eleazar said in the name of Rav: Even one who says it is permitted to sell [says] it is forbidden to leave alone. If he transgressed and left it alone by everybody’s opinion. Rebbi Jeremiah said, let us hear from the following: “A woman who was jailed by Gentiles.” Rebbi Yose said, it is different for a woman because she usually cries. Think of it if she was mute! She uses sign language. What about it? Explain it following Rebbi Eliezer, since Rebbi Eliezer said “it may not be bought from Gentiles.” They wanted to say, where do Rebbi Eliezer and the rabbis disagree? About the cow, because of “eminence was given to the cow, an adornment was made for the cow.” But since the rabbis answer to Rebbi Eliezer all sheep of Qedar will be assembled for you, this says that Rebbi Eliezer disagrees about everything. Rebbi Hoshaia asked, does one reply with an argument about the future against one about the past? Rebbi Abin asked, does one reply with an argument when evil inclinations will have disappeared against one when evil inclinations exist?
Rebbi Isaac and Rebbi Immi were sitting and asking, is it not written: On that day they slaughtered of the booty for the Eternal? They explained it, but we do not know whether the colleagues explained it or Rebbi Immi explained it, from previous ones, from booty which was in their hands they sacrificed. But is it not written: The men of Bet Shemesh brought an elevation offering and slaughtered family offerings to the Eternal, oxen? Can we learn anything from the rulers of the Philistines? Did not Rebbi Abbahu say in the name of Rebbi Yose ben Ḥanina, they even sacrificed females, the cows they offered as elevation offering to the Eternal. But is it not written, Saul said, they brought them from the Amalekite? One does not learn from Saul; as Rebbi Simeon ben Laqish said, Saul was a sycamore shoot. But it is not written, David bought the threshing floor? He bought but did not sacrifice. But is it not written, Arawna said to the king, may the Eternal, your God, have pleasure with you. May he find pleasure with you in prayer. But is it not written, Also from the hand of a stranger you should not bring your God’s bread from any of these? From any of these you do not sacrifice; you buy unblemished ones and sacrifice. What does Rebbi Eliezer do with this? You are buying for money and sacrifice? The one who stated “for money” cannot follow Rebbi Eliezer.
It was stated: “If a Gentile is paired with a Jew, he puts him on his right hand side. Rebbi Ismael ben Rebbi Yose says, with a sword, at his right; with a staff, at his left. If he climbs with him to an upper floor or descends to the exit, the Jew should be higher and the Gentile below. He should not lie down before him lest he smite his skull. And he should extend the way to him, that if he asks him where he goes he should indicate a farther distance, as our father Jacob did with Esau, until I shall come to my Lord at Seir. But he went to Sukkot. Rebbi Huna said, we do not find that our father Jacob went to Seir. Rebbi Yudan, son of Rebbi [Aivo], he spoke to him of the future world, when saviors will climb on Mount Sion to judge Mount Esau.”
“A Jewish woman should not be a midwife for a Non-Jew, for she brings a son to pagan worship; but a Non-Jew may be a midwife for a Jewish woman.” It was stated so: From the outside but not the inside. She should not put her hand inside not to squish the fetus in her innards, and she should not give her a cup of root-extract to drink. If she was a medical doctor? This will come as what Rebbi Jacob bar Aḥa said in the name of Rebbi Joḥanan: If he was a professional healer it is permitted. And here, if she was a medical doctor it is permitted. [Rebbi Yose bar Abun, these questions … [doc]tor permitted.]
“A Jewish woman should not nurse the child of a Non-Jewish woman” because she gives it life. Rebbi Yose said, this implies that one may not teach him a trade. As the following: Two trades, glaziers and carpenters were at (Giro) [Acco]. The glaziers did not teach and continued, the carpenters taught and were pushed out.
The colleagues in the name of Rebbi Abba bar Zavda: Anything inside of the lips one heals on the Sabbath. Rebbi Ze‘ira objected, did we not state: “A person having a tooth ache should not suck vinegar with them”? Is this not inside from the lips? Rebbi Ze‘ira did not say so, but Rebbi Ze‘ira in the name of Rebbi Abba bar Zavda: Anything inside a body cavity one heals on the Sabbath. Rebbi Ze‘ira, Rebbi Abba bar Zuṭra, Rebbi Ḥanina in the name of Rebbi: One treats the bone of the skull on the Sabbath. Rebbi Ḥiyya the Mede, Rebbi Jona, Rebbi Ze‘ira, Rebbi Abba bar Zuṭra, Rebbi Ḥanina in the name of Rebbi: One treats glands of the throat on the Sabbath. Rebbi Abbahu in the name of Rebbi Joḥanan: One treats an infected eye on the Sabbath. There, they say in the name of Rebbi Joḥanan: Tops of hands and feet are a danger. Rebbi Abbahu in the name of Rebbi Joḥanan: Red color is dangerous. Rebbi Abin said, one removes the sting of a scorpion on the Sabbath. Rav said, wine for exterior treatment of the eye is permitted, inside the eye it is forbidden. Samuel said, tasteless spit is forbidden for the eye on the Sabbath From this you infer for lichen. The rabbis of Caesarea said, ranula is dangerous. Rebbi Ḥizqiah (said) [from Acco] in the name of the rabbis of Caesarea: spider sickness is dangerous. Rebbi Samuel bar Rav Isaac: gangrene is dangerous. Rebbi Jeremiah said, one can put sour dough on it on Passover. A boil is permitted. Rebbi Yose said, the Mishnah says this: “A small needle to remove a thorn.” Otherwise, what is the difference between a thorn and a boil? Darkening of the eye, they asked Rebbi Jeremiah. He told them, is not Rebbi Abba available for you? They asked Rebbi Abba who permitted it to them. He told them, also I am permitting it.
Rebbi Ḥanina said, (this means) [a baraita implies] that one does not heal through spilling blood, as we have stated there: “If most of his body was outside one does not touch him,” we suspect that he will live, “for one does not push aside one life before another life.” Not only if one would say, kill this person, but even if he tell him, injure that person. A Gentile against a Gentile, a Gentile against a Jew, is liable. A Jew against a Gentile is not liable. Rav Ḥisda asked, may one save the life of an adult with the life of a minor? Rebbi Jeremiah objected, did we not state, “If most of his body was outside one does not touch him, for one does not push aside one life before another life”? Rebbi Yose ben Rebbi Abun in the name of Rebbi Levi: There it is different for it is not known who is endangering whom.
A convert was a barber and astrologer. He saw in his astrology that Jews were spilling his blood. This only referred to his circumcision but when a Jew came to him to get a haircut, he killed him. How many did he kill? Rebbi Eleazar ben Rebbi Yose said eighty. Rebbi Yose ben Rebbi Abun said three hundred. At the end they prayed about him and he returned to his origin.
A convert was a barber and astrologer. He saw in his astrology that Jews were spilling his blood. This only referred to his circumcision but when a Jew came to him to get a haircut, he killed him. How many did he kill? Rebbi Eleazar ben Rebbi Yose said eighty. Rebbi Yose ben Rebbi Abun said three hundred. At the end they prayed about him and he returned to his origin.
HALAKHAH: “The following Gentile properties are forbidden,” etc. Rebbi Isaac bar Naḥman in the name of Rebbi Joshua ben Levi: Bitter, sweet, and hot are not under the rules of being uncovered. Rebbi Simon in the name of Rebbi Joshua ben Levi: The hot, the bitter, and the sweet are not under the rules of being uncovered or under those of libation wine. Rebbi Simon explains: The hot, spice wine. The bitter, vermouth wine. And the sweet, cooked wine. Rebbi Joshua ben Zeidal had cooked wine which was left unsupervised in the custudy of a Gentile. He asked Rebbi Yannai ben Rebbi Ismael who said to him, so says Rebbi Simeon ben Laqish: The sweet is not under the rules of being uncovered or under those of libation wine. Rebbi Yannai ben Rebbi Ismael fell ill. Rebbi Ze`ira, Rebbi (Joshua) [Hoshaia], Rebbi Abun bar Cahana, and Rebbi Ḥanianiah the colleague of the rabbis, went to visit him. They saw Rebbi Joshua ben Zeidal sitting there. They said, there is the master of the decision and the person of the happening, let us ask him. He said to them, so says Rebbi Simeon ben Laqish, the sweet is not under the rules of being uncovered or under those of libation wine. One said to him, maybe that of Rebbi Simeon ben Laqish is for argument’s sake? He told them, it is for action and you can rely on it. When (they got up) [returned], Rebbi Ila was standing with Rebbi Abun bar Cahana and told him, if you did not prefer decisions, is this not a baraita? As Rebbi Ḥiyya stated, “why is cooked wine of Gentiles forbidden? Because it started out as wine.” Rebbi Yose said, the Mishnah says so, “wine and vinegar which originally was wine.”
Rebbi Yose ben Shaul understands it from the following occurrence. It happened that a woman loved to do good deeds but her husband hated good deeds. There came a poor man and she gave him to eat. While he was eating she noticed her husband; she made him climb and hid him in the upper floor. She returned to her husband who ate and fell asleep. There came a snake and ate from what was before him; her husband awoke from his sleep and wanted to eat. The one in the upper floor started to talk. That means if he was sleeping it is permitted. It was used to it. But is it not forbidden because of being alone? For they committed adultery, blood is on their hands. Since he is not suspected of one he is not suspected of the other.
Rebbi Immi said, one has to be careful with what the creatures are careful with: It is forbidden to put coins in one’s mouth, a bread under the armpit, a dish under one’s bed, and to stick a knife in an etrog, or a knife into a radish. Rebbi Yose ben Rebbi Bun said, all sweat that exudes from a human is deadly poison except the sweat of the face.
How does he do it? He tears its heart out from the living animal for pagan worship. How does one know? Rebbi Ḥuna said, if it is torn out from the living animal it rebounds and becomes circular; after slaughter it becomes stretched. Rebbi Yose said, one can infer from this that if he slaughtered one sign, even though one says that nothing living can become prohibited, here it becomes prohibited.
Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Ḥanina: One fills Gentiles’ jugs with water three days from time to time. Rebbi Jacob bar Aḥa said, Rebbi Assi asked, does one do this? Rebbi Yose from Malḥa brought a case before Rebbi Mana. He told him, that is what happened; he answered that it is permitted. Is that to start? He told him, it is forbidden. Rebbi Jeremiah went to Goblana; he instructed about large cups that one fills them with water three days from time to time.
HALAKHAH: “Fish sauce, cheese,” etc.“Wine in muries, Rebbi permits but Rebbi Eleazar ben Rebbi Simeon forbids.” Therefore, if somebody transgressed and put it in, Rebbi forbids it to laymen but Rebbi Eleazar ben Rebbi Simeon permits it to laymen.” Rebbi Mana bar Tanḥum asked: Following him who permits for laymen, why is muries of Gentiles forbidden? Rebbi Jeremiah in the name of Rebbi Ḥiyya ber Abba, it is forbidden as being cooked by Gentiles. But did not [Rebbi Yose] state: “From a professional it is permitted, from a non-professional it is forbidden.” From a professional it is permitted, is that not if it is not cooked? Similarly, from a non-professional it is forbidden even if cooked. What about it? If it is to remove contamination it is forbidden because of pagan worship. This implies that usufruct of pagan worship is forbidden, usufruct of heave is permitted. Rebbi Joḥanan bar Madia said, following him who said from a professional it is permitted, only if he knows him.
HALAKHAH: “Rebbi Jehudah said, Rebbi Ismael asked Rebbi Joshua,” etc. Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: Because [most] calves there are slaughtered in the name of pagan worship. Rebbi Joḥanan heard this and said, my teacher taught us well, since if one slaughters for pagan worship even its excrement is forbidden. Rebbi Joḥanan asked, if one found a ring in it? Rebbi Yose said, a ring is recognizable; excrement is part of its body.
Rebbi Ḥiyya bar Abba in the name of Rebbi Joḥanan: At first they were saying, one curdles neither with the stomach content of the carcass nor with the stomach contents of the Gentile. They changed to say, one curdles with the stomach content of the carcass but not with the stomach contents of the Gentile. Rebbi Abba bar Zavda, Rebbi Samuel bar Rav Isaac asked: Does this negate the declaration of Rebbi Eliezer, since Rebbi Eliezer said, the thoughts of the Non-Jew are about pagan worship? Rebbi (Assi) [Yasa] came in the name of Rebbi Joḥanan: Originally, they said, one does curdle [neither] with carcass stomach contents nor with Gentile’s stomach contents. They changed to say, one does curdle with carcass stomach contents and with Gentile’s stomach contents. The language of a baraita supports Rebbi Ḥiyya bar Abba: Stomach contents of a Gentile or a carcass is forbidden following the original teaching. (The stomach contents of a torn animal which suckled from a qualified one are permitted following the later teaching; the stomach contents of a qualified animal which suckled from a torn one are forbidden following the later teaching.) [The stomach contents of a qualified animal which suckled from a torn one are forbidden following the former teaching, and the stomach contents of a torn animal which suckled from a qualified one are permitted following the later teaching.] And even if the House of Shammai would argue like the House of Hillel in the first teaching, an egg is a growth of its body; the contents of the stomach come from the outside. It parallels what Rebbi Yose ben Rebbi Abun said in the name of Rebbi Joḥanan: It happened to the son[s] of (Rebbi) Jehudah ben Shamua that wolves tore more than 300 of their flock. The case came before the Sages who permitted their stomach contents. They said, an egg is a growth of its body; the contents of the stomach come from the outside.
Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: Because most calves there are slaughtered in the name of pagan worship. Rebbi Joḥanan heard this and said, my teacher taught us well, since if one slaughters an animal for pagan worship even its excrement is forbidden. Rebbi Joḥanan asked, if one found a ring in it? Rebbi Yose said, a ring is recognizable; excrement is part of its body.
Their bread. Rebbi Jacob bar Aḥa in the name of Rebbi Jonathan. Bread is of the practices of obfuscation. [Rebbi Yose said, so I asked before Rebbi Jacob bar Aḥa: What means “of the practices of obfuscation?] Do I say, at a place where Jewish bread is available it is logical that Gentile bread should be forbidden and they obfuscated about it and permitted it? Or at a place where Jewish bread is not available it is logical that Gentile bread should be permitted and they obfuscated about it and forbade it? Rebbi Mana said, is there any obfuscation for prohibition? But is bread not like cooking of Gentiles? Are we saying: At a place where no Jewish cooking is available it is logical that Gentile cooking should be permitted? But it must be the following: At a place where Jewish bread is not available it is logical that Gentile bread should be forbidden and they obfuscated about it and permitted it because of the necessities of life. The rabbis of Caesarea in the name of Rebbi Jacob bar Aḥa: Following the words of him who was permitting, but only from the store; but one does not do this.
They said before the Elder Rebbi Ḥiyya: Rebbi Simeon ben Ioḥai stated thus: Food you shall buy from them with money and eat, etc. As water is not changed from its natural state, so anything which was not changed from its natural state. They objected: Are there not their dry beans, פנקריסין and קובטיות, roasted grain, and hot water permitted? One understands all of these because they can be soaked and return to their former state. But roasted grain? Rebbi Yose ben Rebbi Abun in the name of Rav: Any food which can be eaten alone raw is not in the category of Gentile cooking. (With bread it is in the category of Gentile cooking.) How does Rebbi Ḥiyya explain food you shall buy from them? You shall buy with food. If you fed him you bought him. If he causes you trouble buy him with food or otherwise trade (ply him) with him money. They said, that is what Rebbi Jonathan did. When a superior came to [his] town, he sent him an honor gift, that if a suit involving an orphan or a widow came he would have a way to mollify him.
And who permitted it? Rebbi permitted it and his court. At three places is Rebbi Jehudah the Prince called “our teachers,” in divorce documents, oil, and a sole. They called him “the court which permitted oil.” Any court which permits three [previously forbidden] things is called “permissive court.” Rebbi Yudan said, his court disagreed with him about the bills of divorce. May she be allowed to remarry? Rebbi Ḥaggai said, she is allowed to remarry. Rebbi Yose said, she is forbidden to remarry.
Their roasted egg, Bar Qappara permitted, Ḥizqiah forbade. So far if it was roasted intentionally. If it was roasted unintentionally? Let us hear from the following: There was a fire in an under-growth of reeds and a swamp of date palms where there were locusts which were roasted. The case came before Rebbi Mana, who forbade them. Rebbi Abbahu said, because of admixture of impure locusts. Rebbi Yose ben Rebbi Abun said, and this is of the stringencies of Rav. Rav returned there and saw them taking things lightly and was restrictive with them. A man was carrying meat while walking on the market. There came a vulture, seized it from his hand, and it dropped off under him. He went and wanted to sell it. Rav told him, it is forbidden to you, for I am saying that it was carrying carcass meat, dropped it and took the other instead. A man went to wash a piece of meat in the river. He forgot it and left. Then he went and wanted to sell it. Rav told him, it is forbidden to you, for I am saying the other one was carried away by the river and it brought another piece of carcass meat in its place.
What is the status of their lupines? Rebbi forbids, Ganiba permits. Rebbi said, I am an Elder and he is an Elder. It came to my mind to forbid; it was his opinion to permit. Rebbi Mana bar Tanḥum went to Tyre and permitted their lupines. Rebbi Ḥiyya bar Abba went to Tyre and found that Rebbi Mana had permitted their lupines. He returned to Rebbi Joḥanan who asked him, what case came to your hands? He told him, I found that Rebbi Mana had permitted their lupines. He asked him, did you not hit him? He answered, he is an important personality and knows how to sweeten the waters of the Great Sea. He told him, no, my son. He knows how to compute the waters; when the waters come together to acclaim their Creator they sweeten themselves. Rebbi Isaac bar Eleazar said, he starts to speak his disgrace and tells his praise! Rebbi Yose ben Rebbi Abun said, it is a difficult computation; Rebbi Zakkai of Alexandria knows it. He said, if you want, you may learn it from him.
What is the rule for their parboiled [food]? Let us hear from the following: Rebbi Immi went with Rebbi Jehudah to the hot springs of Gadara and permitted their parboiled [food]. Rebbi Abba bar Mamal asked, what is the difference between parboiled and lupines? Rebbi Yose said, parboiled is missing action by fire; lupines are not missing action by fire.
Ḥawarnas is not forbidden because of Gentile cooking and one may use it for eruv tavšilin. Martisa is not forbidden because of Gentile cooking and one may use it for eruv tavšilin. Rebbi Yose ben Rebbi Abun in the name of Rav: Any food which can be eaten alone raw is not in the category of Gentile cooking and one may use it for eruv tavšilin.
MISHNAH: The following are permitted to eat: Milk which a Gentile milked while a Jew saw him, and honey, and broken grapes (even though they drip they do not prepare for impurity.) Preserves in which usually wine or vinegar is not used, and uncut triton, and fish sauce containing a whole fish, and a leaf of asa foetida, and rolled olives; Rebbi Yose says, the pitted ones are forbidden. Locusts from the basket are forbidden, from storage permitted; similarly for heave.
HALAKHAH: “The following are permitted for usufruct,” etc. Rebbi Eleazar said, about a dish in which usually one does not add wine or vinegar. Therefore if it is certain that he added, it is forbidden even for usufruct. Rebbi Jacob bar Aḥa, Rebbi Ḥiyya in the name of Rebbi Joḥanan: If a Jew and a Gentile put a pot on the fire, the Jew puts it down and the Gentile stirs. Who puts it back? One would say that the Jew puts it back. Rebbi Benjamin bar Levai said, only if it is cooked like Ben-Drosai’s food. Rebbi Yose asked, if it is cooked like Ben-Drosai’s food, why does the Jew have to put it back? Even the Gentile may put it back.
What is alec? Rav said, soltanit. Rebbi Joḥanan said, alec and cut-up triton follow the same rules. Rebbi Ze`ira, Cahana bar Taḥlifa, Ḥanan bar Abba in the name of Rav: Its mucus is forbidden because of admixture from prohibited fish. Rebbi Abba in the name of Rav Jehudah: This you say at a place were water is not running. But in running water no impure fish associates with pure fish. The Sea of Genezareth is similar to running water. Rebbi Yose ben Rebbi Abun said, only at times when the fish bites. Samuel said, ḥafitha one judges according to its shell. If it produces mucus it is permitted, otherwise forbidden.
HALAKHAH: “All statues are prohibited,” etc. Rebbi Ḥiyya bar Abba said, because they are worshipped in the great fortification of Rome twice in a Sabbatical period. Then at a place where they are worshipped they should be forbidden, at a place where they are not worshipped they should be permitted. Rebbi Yose said, since they became forbidden at one place, their kind becomes forbidden anywhere.
Zavdai ben Levai, and Rebbi Yose bar Petrus, and Rebbi Joshua ben Levi said three verses when they expired. One of them said, for this every pious one should pray to You etc. And one said, all who rely on You will enjoy etc. And one said, how great is Your bounty which You did hide for those who fear You etc.
One of the Patriarch’s court expired. The burial cave received him but people’s lives were endangered. Rebbi Yose came and held a funeral oration, “happy the man who leaves the world in peace.” When Rebbi Yasa died, the sacred fountain of Tiberias fell down and those of the Patriarch’s court were happy. Rebbi Zeˋira told them, it is not comparable. There people were in danger, here nobody was in danger. There no pagan worship was uprooted, here pagan worship was uprooted.
HALAKHAH: “If one finds shards of vessels,” etc. Rebbi Yose in the name of Rebbi Joḥanan: Because most of them come from three-legged tables. Then also figures of a hand or figures of a foot? There is a difference since similar ones are worshipped.
MISHNAH: If somebody finds vessels and on them the form of the sun, the form of the moon, the form of a dragon, he should bring them to the Dead Sea. Rabban Simeon ben Gamliel says, on honored ones it is forbidden, on contemptible ones permitted. Rebbi Yose said, he grinds them and disperses them into the wind or throws them into the Sea. They told him, but then it becomes fertilizer and it was said, nothing of the ban should cling to your hand.
Rebbi Yose objected to the rabbis, is it not written: your sin which you had made, the calf? They told him, this teaches that he intended to examine them in the way one examines deviant wives: he strewed it on the surface of the water.He said to them, is it not written, and also Maacah, king Asa’s mother, he removed from power? They told him, is there proof from there? Asa cut down etc. He told them, he beat the bronze serpent to pieces. Was this an object of worship? Did not Moses make it? This teaches that Israel was erring after it until Hezekias came and removed it.
One verse says, they abandoned their idols; David and his men carried them away. But another verse says, David gave orders and they were burned in the.fire. Rebbi Yose [ben Rebbi] Ḥalafta and the rabbis. Rebbi Yose ben Rebbi Ḥalafta says, what was of metal, David and his men carried them away. And what was of wood, David gave orders and they were burned in the fire. But the rabbis say, what Itai from Gat annulled, David and his men carried them away. And what he did not annul, David gave orders and they were burned in fire. How does Rebbi Yose [ben Rebbi] Ḥalafta confirm David and his men carried them away? They took them by their rims.
One verse says, they abandoned their idols; David and his men carried them away. But another verse says, David gave orders and they were burned in the.fire. Rebbi Yose [ben Rebbi] Ḥalafta and the rabbis. Rebbi Yose ben Rebbi Ḥalafta says, what was of metal, David and his men carried them away. And what was of wood, David gave orders and they were burned in the fire. But the rabbis say, what Itai from Gat annulled, David and his men carried them away. And what he did not annul, David gave orders and they were burned in fire. How does Rebbi Yose [ben Rebbi] Ḥalafta confirm David and his men carried them away? They took them by their rims.
One verse says, they abandoned their idols; David and his men carried them away. But another verse says, David gave orders and they were burned in the.fire. Rebbi Yose [ben Rebbi] Ḥalafta and the rabbis. Rebbi Yose ben Rebbi Ḥalafta says, what was of metal, David and his men carried them away. And what was of wood, David gave orders and they were burned in the fire. But the rabbis say, what Itai from Gat annulled, David and his men carried them away. And what he did not annul, David gave orders and they were burned in fire. How does Rebbi Yose [ben Rebbi] Ḥalafta confirm David and his men carried them away? They took them by their rims.
HALAKHAH: “Proclos ben Ploslos asked,” etc. Where do we hold? If he asked him about practice in the bath he should have answered; if he did not ask him about practice in the bath he should not have answered. As Rebbi Jacob bar Idi said in the name of Rebbi Joshua ben Levi: One asks about practice in the bath while in the bathhouse, about practice in the toilet while in the toilet. As when Rebbi Simeon ben Eleazar went to bathe with Rebbi Meïr, he asked him, may one rinse? He told him, it is forbidden. May one dry himself with a towel? He told him, it is forbidden. But did not Samuel ask Rav, may one say “Amen” at a dirty place? He told him, it is forbidden, and it is forbidden that I told you that it is forbidden. It was found stated, one asks about practice in the bath while in the bathhouse, about practice in the toilet while in the toilet. Rebbi Yudan, the father of Rebbi Mattaniah, said, he asked him about practice in the bath but it is not done to answer in the bath. Rebbi Samuel bar Eudaimon said, he asked him about practice in the bath but the steam in the bath is bad for the teeth. The colleagues, Rebbi Ḥama bar Yose in the name of Rebbi Hoshaia, Rebbi Zeˋira in the name if Rebbi Joshua ben Levi: He answered him in an evasive answer, for he could have replied about Baal Peˋor whose worship only consists in exposure and defecation. What about it? What is treated as a divinity is forbidden, what is not treated as divinity is not forbidden.
MISHNAH: If Gentiles worship mountains and hills; these are permitted but what is on them is forbidden, as it is said, do not covet silver or gold on them and take for yourself. Rebbi Yose the Galilean said, their gods [are] on the mountains, the mountains are not their gods. Their gods [are] on the hills, the hills are not their gods. Then why is an Ashera forbidden? Because it was held by human hand, and anything held by human hand is forbidden. Rebbi Aqiba said, I shall explain it to you. Any place where you find a high mountain, or an elevated hill, or a sprightly tree, know that there is idolatry.
HALAKHAH: “If Gentiles worship mountains,” etc. Rebbi Zeˋira, Rebbi Yasa, Rebbi Yose bar Ḥanina in the name of Rebbi Hoshaia: One verse says, do not covet silver or gold on them and take for yourself. And one verse says, silver and gold which is with them. If on them why with them, and if with them why on them? Since on them refers to something which is particular for them and an adornment for them, also with them refers to something which is particular for them and an adornment for them.
An object of worship. Some Tannaim state, whether it was his or another person’s, it is forbidden. But some Tannaim state, his is forbidden, another person’s is permitted. He who said, whether it was his or another person’s, it is forbidden, [Rebbi Meïr and] Rebbi Jehudah. But he who said, his is forbidden, another person’s is permitted, Rebbi Yose and Rebbi Simeon. Rebbi Yose in the name of Rebbi Ila: It is everybody’s opinion. Just as you say there, anything living while it cannot become forbidden for a private person it becomes forbidden for Heaven, so similarly anything which is not yours even though it cannot become forbidden for a private person it (does not) become forbidden for Heaven.
An object of worship. Some Tannaim state, whether it was his or another person’s, it is forbidden. But some Tannaim state, his is forbidden, another person’s is permitted. He who said, whether it was his or another person’s, it is forbidden, [Rebbi Meïr and] Rebbi Jehudah. But he who said, his is forbidden, another person’s is permitted, Rebbi Yose and Rebbi Simeon. Rebbi Yose in the name of Rebbi Ila: It is everybody’s opinion. Just as you say there, anything living while it cannot become forbidden for a private person it becomes forbidden for Heaven, so similarly anything which is not yours even though it cannot become forbidden for a private person it (does not) become forbidden for Heaven.
HALAKHAH: “If one’s house was connected to a house of pagan worship,” etc. There is written abomination about the menstruating women, abomination about vermin, abomination about idolatry. About the menstruating woman, for anybody who would commit any of these abominations. About vermin, do not eat any abomination. About idolatry, and do not bring any abomination into your house. But I do not know for which purpose it was compared. Rebbi Aqiba says, it was compared to abomination regarding the menstruating woman. As the menstruating woman imparts impurity by load, also idolatry imparts impurity by load. Or since the menstruating woman imparts impurity through a cover stone, does idolatry impart impurity through a cover stone? Rebbi Zeriqa in the name of Rebbi Ḥanina, but some say in the name of Rav Ḥisda: Rebbi Aqiba agrees with the Sages that idolatry does not impart impurity through a cover stone. But the rabbis say it was compared to abominations of vermin. As vermin imparts impurity by motion, so also idolatry imparts impurity by motion. Or as vermin in the size of a lentil imparts impurity does also idolatry in the size of a lentil impart impurity? Rebbi Zeˋira, Rebbi Isaac bar Naḥman, Rebbi Eleazar, Rebbi Abbahu in the name of Rebbi Joḥanan: They were yoked to Baal Peor and ate sacrifices to the dead. As the dead in the size of an olive impart impurity so idolatry in the size of an olive imparts impurity. Or since a corpse imparts impurity once a person puts his finger tips in, could I think that idolatry imparts once a person puts his finger tips in? Tearing down, tearing down one infers from the leprous house. Since in a leprous house when he entered with his head and most of his body, so idolatry when he entered with his head and most of his body. Rebbi Ḥanina said, this means that the impurity of idolatry is not consistent. For otherwise, why does one compare if for the facile [impurity] and does not compare for the strict? Rebbi Mana said, it is consistent. Why was it compared to a corpse and to vermin? To inform in both cases about the facile [impurity] attached to it. This is for a broken idol. But an entire one even in the most minute size, as Rebbi Yose hen Rebbi Abun said, Rav Ḥama bar Gorion in the name of Rav: Baal was the penis gland in the form of a bean. What is the reason? They selected the Baal of circumcision as god.
What is Rebbi Aqiba’s reason? You should treat it as an abomination, like a menstruating woman. What is the rabbis’ reason? You should detest it, like vermin. How do the rabbis uphold Rebbi Aqiba’s reason, you should treat it as abomination? Treat it as excrement, make it vile. What means “make it vile” for the rabbis? Rebbi Samuel, Rebbi Abbahu in the name of Rebbi Eleazar: you shall call it excrement. What is called God’s. Face is called Dog’s Face. Spring of the Cup is called Spring of the Thorn. The Place of Fortune is called the Place of Undress. Rebbi Tanḥuma (asked) [in the name of] Rebbi Huna: It is written, The Ai which is near Bet-Awen East of Bethel. Earlier it was called Bethel but now one calls it Bet-Awen. It was stated in the name of Rebbi Eleazar: If one does not want to call it ‘Omda one calls it ‘Amida since the flow of urine is called ‘amida. How (do the rabbis) [does Rebbi Aqiba] interpret you shall call it excrement? Rebbi Yose ben Rebbi Abin, Rebbi Huna in the name of Rav Josef: from (where) [here] that one does not tell anybody to leave unless he entered with his head and most of his body.
There exists a baraita which says, idols are like a menstruating woman and its appurtenances are like a menstruating woman. Also there exists a baraita which says, idols are like a menstruating woman and its appurtenances are like crawling animals. The one who says, idols are like a menstruating woman and its appurtenances are like a menstruating woman, is understandable. But the one who says, idols are like a menstruating woman and its appurtenances are like crawling animals, is it not called “unwell” only for its appurtenances? Explain it if they were engraved on its body. As Rebbi Jacob of Kefar Ḥanan said, explain it if one worships the ephod itself, similar to what is written, Gideon made an ephod. Our Mishnah follows him who said, idols are like a menstruating woman and its appurtenances are like a menstruating woman, and we have stated: “its stones, its wood, and its dust make impure like a crawling animal.” Explain it if he worshipped the house itself, as Rebbi Abba, Rab Huna said in the name of Rav: One who worships a house makes it forbidden. Rebbi Zeˋira, Rebbi Abbahu in the name of Rebbi Joḥanan: If somebody dedicates a house one does not commit larceny with it. And he who says, one does not commit larceny with it, can he make it forbidden? Rebbi Ḥaggai objected before Rebbi Yose, does not a Mishnah disagree with Rav? “A trough in a rock: one does not fill from it, and one does not sanctify with it, and one does not sprinkle with it, it does not have to be fastened with a tightened cover, and it does not invalidate a miqweh. If it was a vessel and he fixed it with lime, etc., up to it invalidates a miqweh.” Because he excavated it and after that combined it. Then if he fixed it and after that excavated it, what do you do with it? Explain it following Rebbi Joḥanan that the hewing of stones is the completion of work on them. Does this not disagree with Rebbi Simeon ben Laqish who said, an idol which was broken is permitted? And so we are thinking to say if in the future he can restore it to its vessel it is forbidden according to everybody. Explain it if he worships every single stone and then builds with them. Does this not disagree with Rebbi Joḥanan, as Rebbi Joḥanan said, an idol which was broken is forbidden? And so we are thinking to say if in the future he cannot restore it to its vessel it is permitted according to everybody. Explain it if he worshipped a vine and afterwards planted it.
Rebbi Joḥanan explained the Mishnah about a proselyte and a pagan who inherited from their pagan father. Why does he not explain it when idol worship came and built next to him? It was stated: If a house of idol worship was built next to him and then left it is permitted. But for a proselyte and a pagan who inherited from their pagan father, it is forbidden. It was stated: If a house of idol worship was built next to him and then left it is permitted. But if he came and built next to idol worship the entire house is for idol worship. Rebbi Yose said, our Mishnah says so, “If it was his and the idolatry’s, it is judged half by half.”
MISHNAH: One should not sit in its shadow but if one sat he is pure. One should not pass under it and if one passed under it he is impure. If it robbed the public and one passed under it, he is pure. One may sow vegetables under it in the rainy season but not in summer, but lettuce neither in summer nor in the rainy season. Rebbi Yose says not even vegetables in the rainy season since falling leaves drop down on it and become fertilizer.
What is a Mercurius? Any which borders the ocean or roads. The practice of Mercurius is by throwing. What if he bowed down before it? Rebbi Yose said, essentially is is called Mercurius only for bowing down, a maskit stone you shall not put up in your land to bow down on it. I could think that one may not put two stones next to one another and put his box down on them, the verse says to bow down on it, you do not bow down on it but you put your box down on it; you do not bow down on it but you bow down on the stones of the Temple.
Rav commanded to the family of Rav Aḥa, Rebbi Immi commanded to his own family, if you go out on the fast day you should not incline normally. Rebbi Jonah inclined on his side; Rebbi Aḥa inclined on his side. Rebbi Samuel said, I saw Rebbi Abbahu inclining normally. Rebbi Yose said, I pointed out a difficulty before Rebbi Abbahu, is it not written, a maskit stone you shall not put up in your land to bow down on it. Explain it if he fixed a place for it. But is it not written, it was when David arrived at the mountaintop where one bows down before God? Except bowing down which is not on the ground. Does there exist bowing down which is not on the ground? They fell down with their faces to the ground and bowed down. Rebbi Abbahu added up to give thanks to the Eternal for He is good; Rebbi Mana added up to for eternal is His kindness to Israel. Rebbi Joḥanan said to Rebbi Ḥiyya bar Abba: Babylonian, two things came from you, the stretching out on the Fast Day, and the willow of the Seventh Day. The rabbis of Caesarea say, also this blood letting. It follows what Rebbi Immi said, the Babylonians in the name of the rabbis there: They permitted prostrating only on a public fast, and only on the side. The younger Rebbi Yannai in the name of his fathers: Anybody who is not qualified like Joshua that if he falls on his face the Holy One, praise to Him, would tell him, get up, should not fall down, in the case of an individual [praying] for the community.
HALAKHAH: “If one found coins on top of it,” etc. Rebbi Jonathan said, not only wreaths of ears of grain but even wreaths of roses. Rebbi Yose said, not only a Mercurius and on top of it coins but even any pagan place which has no lattice work and he found in it garments or vessels, they are permitted.
HALAKHAH: “A Gentile’s idol is immediately forbidden,” etc. Rebbi Simeon ben Laqish said, the Mishnah speaks about an artist who works to sell it on the market. When he finishes it, it is a sure thing that he bows down before it. Rebbi Yose asked, if it is a sure thing that he bows down before it, why did we state “a Gentile’s idol is immediately forbidden but a Jew’s only when it is worshipped”?
Rebbi Hila in the name of Rebbi Simeon ben Laqish: If one cuts an idol in stone, even though you say that nothing connected to the ground is forbidden, one warns him on every single chiseling and when it will be separated from the rock he will be flogged. Rebbi Yose said, from this you understand that if somebody makes a statue for idol worship, even though you say that nothing breathing can be forbidden, one warns him about each single mallet and he will be flogged when it is finished.
Rebbi Joḥanan said to Bar Drosai, go down and break all those statues in the public baths. He went down and broke them all except one. Why this? Rebbi Yose ben Rebbi Abun said, because another Jew was suspected of burning incense for it.
HALAKHAH: “One may buy a used wine-press,” etc. Rebbi Ḥanin stated: Only if the Jew did not turn his eyes away from him. But if he turned his eyes away from him, not then. So far if he was taking juice and grapes together to put on the heap. If he gave these and those separately, (even from what was left in the fissures, what is under the bunches is forbidden, on the sides is permitted.) Rebbi Yose ben Rebbi Abun in the name of Rebbi Joḥanan: Itself it becomes libation wine.
HALAKHAH: “One may stamp with a Non-Jew in the wine press,” etc. Rebbi Jonah said, that is, you say only if they walked over it crosswise. But if they did not walk over it crosswise, it does not apply. Rebbi Yose asked, if they walked over it crosswise, even following the earlier teaching? As it was stated: “Originally they were saying that one harvests grapes with the Non-Jew and stamps with a Jew who works in impurity. They changed and said, one does not harvest grapes with the Non-Jew nor stamp with a Jew who works in impurity, but one stamps with a Gentile and helps him as long as it did not disappear from sight. Once it disappeared from sight it became libation wine”.
What is Rebbi Jonah’s reason? Because it already became impure when it was prepared by the grape harvest. What is the reason of Rebbi Yose? They were pure by biblical standards. You are the one who decided that they be impure. The strength of Rebbi Yose is the following, as Rebbi Yose said in the name of Rebbi Hila It should be logical that one may (free) his ṭevel as it is written, you should give from it the Eternal’s heave to Aaron the priest. You have to give it to Aaron in his quality of priest. But here, since you cannot give it to Aaron the priest in his quality of priest, you may make it impure.
What is Rebbi Jonah’s reason? Because it already became impure when it was prepared by the grape harvest. What is the reason of Rebbi Yose? They were pure by biblical standards. You are the one who decided that they be impure. The strength of Rebbi Yose is the following, as Rebbi Yose said in the name of Rebbi Hila It should be logical that one may (free) his ṭevel as it is written, you should give from it the Eternal’s heave to Aaron the priest. You have to give it to Aaron in his quality of priest. But here, since you cannot give it to Aaron the priest in his quality of priest, you may make it impure.
What is Rebbi Jonah’s reason? Because it already became impure when it was prepared by the grape harvest. What is the reason of Rebbi Yose? They were pure by biblical standards. You are the one who decided that they be impure. The strength of Rebbi Yose is the following, as Rebbi Yose said in the name of Rebbi Hila It should be logical that one may (free) his ṭevel as it is written, you should give from it the Eternal’s heave to Aaron the priest. You have to give it to Aaron in his quality of priest. But here, since you cannot give it to Aaron the priest in his quality of priest, you may make it impure.
HALAKHAH: “One who makes a Non-Jew’s wine in purity,” etc. Rebbi Abbahu in the name of Rebbi Yose ben Rebbi Ḥanina: Not only a door but even a window wide four by four and high ten, on condition that it be roofed and glued closed. If it was growing, we would say if he is seen climbing up and coming down it is forbidden, otherwise it is permitted. Rebbi Abba in the name of Rav Jehudah: The Mishnah speaks of a town “with double doors and bolts.” Was it stated in that case “a watchman even if he comes only at intervals”?
Everybody agrees that substitutes are forbidden. What about substitutes of substitutes? Rebbi Ḥanina said, a disagreement between Rebbi Ismael and the rabbis. Rebbi Ismael ben Rebbi Yose said, forbidden. But the rabbis say, permitted. Rebbi Eleazar ben Hoshaia, the reason of the rabbis, you would be banned like itself. Anything which you can keep from it is like itself. What about it? Rebbi Yose ben Rebbi Bun said, like itself, like itself two times, because of nothing should cling to your hand from the ban.
Everybody agrees that substitutes are forbidden. What about substitutes of substitutes? Rebbi Ḥanina said, a disagreement between Rebbi Ismael and the rabbis. Rebbi Ismael ben Rebbi Yose said, forbidden. But the rabbis say, permitted. Rebbi Eleazar ben Hoshaia, the reason of the rabbis, you would be banned like itself. Anything which you can keep from it is like itself. What about it? Rebbi Yose ben Rebbi Bun said, like itself, like itself two times, because of nothing should cling to your hand from the ban.
As we have stated. “Everything that can be smelled is forbidden, whether it improves or spoils, the words of Rebbi Meїr. But the Sages say, if it improves it is forbidden, if it spoils it is permitted,” as for example vinegar which fell into broken beans. Rebbi Yasa in the name of Rebbi Joḥanan: It is Rebbi Meïr’s, as we have stated there: “If barley grains fell into a cistern of water, even though they made it stink, [the water] is permitted.” About this Mishnah, Rebbi Meïr says it is in dispute, Rebbi Joḥanan and Rebbi Simeon ben Laqish: everybody’s opinion. Rebbi Yose ben Rebbi Abun said this tradition so: In the opinion of Rebbi Meïr it is in dispute, in the opinions of Rebbi Joḥanan and Rebbi Simeon ben Laqish it is everybody’s opinion.
Rebbi Ismael ben Rebbi Yose went to the wellknown Neapolis. The Samaritans came to him. He told them, I am seeing you bowing down not to this mountain but to the idols under it, as it is written, he hid them under the terebinth near Sichem. He heard their voices saying, let us get up early and gather those thorns. He understood that they intended to kill him; he got up early and left.
There we have stated: “The Land of Israel is pure and its ritual baths are pure.” “The land of the Samaritans is pure; its ritual baths, and its dwellings, and its paths are pure.” Its paths are pure; it is a presumption that they would not select a path unless it was pure. And its ritual baths are pure; Rebbi Eleazar ben Rebbi Yose: that is, to believe them that they are not from drawn water, but not for the measure of forty; for they explain, only a spring or a cistern, a collection of water,” just as a spring cleanses in any amount, any collection of water cleanses in any amount.
They asked Rebbi Abbahu: What is the status of their parboiled food? He told them, if only we also could prohibit their water! Rebbi Jacob bar Aḥa in the name of Rebbi Ḥanina: It is permitted to lend to the Samaritans of Caesarea on interest. Rebbi Yose asked, if that is so, we should not be worried about their ḥallah; but we see that the rabbis do worry.
HALAKHAH: “If somebody leaves a Gentile in charge of his store,,” etc. Following Rebbi Meïr? Did not Rebbi Meïr say, “in any case the house is impure?” Rebbi Ḥama in the name of Rebbi Yose bar Ḥanina: If a courtyard is subdivided by a low wall, for purities it is impure, in matters of libation wine it is pure, since Rebbi Meïr is restrictive for purities but lenient for libation wine; also the rabbis are restrictive for purities but lenient for libation wine.
HALAKHAH: “If an investigative unit came to a village,” etc. In times of a religious persecution all is forbidden; it is impossible that there was not a single Jew who worshipped it under duress. This implies that an idol which was worshipped by a Jew is never invalidated. Rebbi Yose said, you infer from this that an idol which was worshipped by a Jew under duress is never invalidated.
HALAKHAH: “If somebody sold his wine to a Non-Jew,” etc. Rebbi Abba, Rav Huna in the name of Rav: One who handles a wine-skin and it splits in his hand is not responsible for it. Rebbi Yose ben Rebbi Abun said, it is necessary even if he takes it in the store when he has no other intention than that no other person should take it. Can he take possession at a minimal rate? Rebbi Ḥaggai said before Rebbi Yose, a Mishnah says that it cannot become his possession at a minimal rate, as we have stated there: “If somebody sells his wine to a Non-Jew, in case he fixed the price before that one measured, the proceeds are permitted; if that one measured before he fixed the price, the proceeds are forbidden.” If you say that it can come into his possession at a minimal price, even if he measured before he fixed the price should be as if he fixed the price before he measured and the proceeds would be permitted.
HALAKHAH: “If somebody sold his wine to a Non-Jew,” etc. Rebbi Abba, Rav Huna in the name of Rav: One who handles a wine-skin and it splits in his hand is not responsible for it. Rebbi Yose ben Rebbi Abun said, it is necessary even if he takes it in the store when he has no other intention than that no other person should take it. Can he take possession at a minimal rate? Rebbi Ḥaggai said before Rebbi Yose, a Mishnah says that it cannot become his possession at a minimal rate, as we have stated there: “If somebody sells his wine to a Non-Jew, in case he fixed the price before that one measured, the proceeds are permitted; if that one measured before he fixed the price, the proceeds are forbidden.” If you say that it can come into his possession at a minimal price, even if he measured before he fixed the price should be as if he fixed the price before he measured and the proceeds would be permitted.
The following is obvious: If the Jew holds the funnel and the Gentile pours, everybody agrees that is it forbidden. If the Gentile holds the funnel and the Jew pours, Rebbi Assi forbids and Rebbi Immi permits. If the Gentile holds the opening of the wineskin and the Jew pours, Rebbi Jeremiah in the name of Rebbi Ze`ira: this is the disagreement. Rebbi Mana asked before Rebbi Yose, which disagreement? He told him, the disasgreement between Rebbi Assi and Rebbi Immi. If the Jew holds the wineskin and the Gentile pours, they wanted to say that according to everybody it is permitted. Rebbi Samuel: In itself it implies that it is forbidden. For sometimes the Jew will loosen his grip and then the entire pouring is done by the Gentile. If somebody lets down a wineskin from top to bottom this is not pouring from vessel to vessel.
Ḥizqiah said, if somebody mixed a cup from forbidden and from permitted [wine], if the forbidden fell in [last] it makes it forbidden, permitted [last] makes it permitted. Rebbi Samuel [bar Rav Isaac] said, this follows Rebbi Eliezer, as Rebbi Eliezer said, I am going after the last one. Rebbi Jeremiah said, this is a stringency about libation wine. Rebbi Yose asked, if it were a stringency about libation wine, even if the permitted fell in last it should be forbidden! Rebbi Assi in the name of Rebbi Joḥanan: if somebody mixed a cup from forbidden and from permitted [wine], one considers the permitted as nonexistent; if the forbidden does impart taste it is forbidden, otherwise permitted. Rebbi Hoshaia said, only if the permitted fell in last. Rebbi Immi in the name of Rebbi Joḥanan, it does not make any difference whether the forbidden fell in first and the permitted last or the permitted first and the forbidden last, even water and wine, even if it was mixed perfectly from permitted, one considers the permitted as nonexistent; if the forbidden does impart taste it is forbidden, otherwise permitted. Rebbi Ze`ira said, this has been said about the preceding; how can it be? Rebbi Yose ben Rebbi Abun, Rebbi Abbahu in the name of Rebbi Joḥanan, if a flask of libation wine fell into an amphora of (water) and then it fell into a water cistern, one considers the permitted as nonexistent; if the forbidden does impart taste it is forbidden, otherwise permitted.
Ḥizqiah said, if somebody mixed a cup from forbidden and from permitted [wine], if the forbidden fell in [last] it makes it forbidden, permitted [last] makes it permitted. Rebbi Samuel [bar Rav Isaac] said, this follows Rebbi Eliezer, as Rebbi Eliezer said, I am going after the last one. Rebbi Jeremiah said, this is a stringency about libation wine. Rebbi Yose asked, if it were a stringency about libation wine, even if the permitted fell in last it should be forbidden! Rebbi Assi in the name of Rebbi Joḥanan: if somebody mixed a cup from forbidden and from permitted [wine], one considers the permitted as nonexistent; if the forbidden does impart taste it is forbidden, otherwise permitted. Rebbi Hoshaia said, only if the permitted fell in last. Rebbi Immi in the name of Rebbi Joḥanan, it does not make any difference whether the forbidden fell in first and the permitted last or the permitted first and the forbidden last, even water and wine, even if it was mixed perfectly from permitted, one considers the permitted as nonexistent; if the forbidden does impart taste it is forbidden, otherwise permitted. Rebbi Ze`ira said, this has been said about the preceding; how can it be? Rebbi Yose ben Rebbi Abun, Rebbi Abbahu in the name of Rebbi Joḥanan, if a flask of libation wine fell into an amphora of (water) and then it fell into a water cistern, one considers the permitted as nonexistent; if the forbidden does impart taste it is forbidden, otherwise permitted.
So far when they fell in one after the other. What can one say if they fell together? Let us hear from the following: “When is leavened matter of Samaritans permitted after Passover? Of private persons after three weekly bakings, of city bakers after three days, of rural ones after three baking loads.” Rebbi Simeon ben Eleazar says, even when they said of private persons after three weekly bakings, if he was an important personality or he married off his son, if he baked three loads in one week one after the other it is permitted. Even when they said of (rural) [city] bakers after three days, if he was under pressure and baked three loads one after the other, it is permitted. It was stated: Rebbi Simeon says, even when they said of rural bakers after three baking loads, it is forbidden at least three days since in the morning he prepares sourdough for the entire day.” Does the second dough not become sour from forbidden and permitted? And Rebbi Jeremiah said in the name of Rebbi Simeon ben Laqish, who is the Tanna of “the leavened matter of the Samaritans”? Rebbi Eliezer! And Rebbi Yose said to Rebbi Ḥanina Eyntanaya: Do you remember that you and Rebbi Jeremiah were instructing in the name of Rebbi Simeon ben Laqish, who is the Tanna of “the leavened matter of the Samaritans”? Rebbi Eliezer! But here we do not instruct so but Rebbi Hila in the name of Rebbi Simeon ben Laqish, they treated leavened matter of the Samaritans following Rebbi Eliezer. In addition from the following:: Rebbi Ḥananiah bar Rebbi Abbahu said, my father had a case; he sent to Rebbi Ḥiyya, and Rebbi Immi, and Rebbi Yasa, and they instructed him following Rebbi Eliezer. How? Would they instruct following an isolated opinion? No, since they treated leavened matter of the Samaritans following Rebbi Eliezer.
Rebbi Mani said before Rebbi Yose: as you are saying there, “practice follows Rebbi Eliezer”, also here practice follows Rebbi Eliezer. He said to him, for everything?
Why did we not state carcasses with them? Rebbi Yose ben Rebbi Abun said, it did state only things forbidden for usufruct. Carcass meat is permitted for usufruct. They objected, is there not leavened matter on Passover? Leavened matter makes liable to extirpation, but for these there is no extirpation.
Rebbi Yose asked in the name of Rebbi Ḥanina: May prohibitions of usufruct become insignificant in (combination) [by being shredded]? But did we not state “the ox which was stoned”? Explain it in pieces. But did we not state “the birds of the sufferer from skin disease”? Explain it as a bird among birds. But did we not state “the nazir’s hair”? Can you say a bird among birds? When they came to study `Orlah did Rebbi Jacob object before Rebbi Yose, did we not state, “if somebody weaves the length of a sīt of firstling’s wool, the cloth must be burned. Of nazir’s hair or firstling donkey in sackcloth, the sackcloth must be burned.” He told him, (if the Tanna had said before us, you would have given) correctly.
Rebbi Yose asked in the name of Rebbi Ḥanina: May prohibitions of usufruct become insignificant in (combination) [by being shredded]? But did we not state “the ox which was stoned”? Explain it in pieces. But did we not state “the birds of the sufferer from skin disease”? Explain it as a bird among birds. But did we not state “the nazir’s hair”? Can you say a bird among birds? When they came to study `Orlah did Rebbi Jacob object before Rebbi Yose, did we not state, “if somebody weaves the length of a sīt of firstling’s wool, the cloth must be burned. Of nazir’s hair or firstling donkey in sackcloth, the sackcloth must be burned.” He told him, (if the Tanna had said before us, you would have given) correctly.
HALAKHAH: “If libation wine fell into a cistern,” etc. Rebbi Yose, Rebbi Joḥanan in the name of ben Bathyra: If libation wine fell into a cistern, all of it shall be sold to a Gentile except for the value of libation wine. Rebbi Samuel bar Nathan in the name of Rebbi Ḥama: practice follows Rabban Simeon ben Gamliel. Rebbi Yasa said, one of the rabbis came out from the house of assembly and said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. One said, practice follows Rabban Simeon ben Gamliel, and one said, practice does not follow Rabban Simeon ben Gamliel, but Rabban Simeon ben Gamliel agrees that as wine for cooking it is forbidden. Rebbi Bun in the name of Rav: The Sages agree with Rabban Simeon ben Gamliel if it was an amphora among amphoras that all of it shall be sold to a Gentile except for the value of libation wine. Rebbi Ze`ira said before Rebbi Immi: Before this was said did we not know that it was so? Was it said that the Sages agree with Rabban Simeon ben Gamliel, or perhaps was only said that Rabban Gamliel agrees with the Sages? Rebbi Yudan said, Rebbi Ze`ira knew that it was so, but he is like a person who hears something and objects to it.
HALAKHAH: “A wine press of stone which a Gentile had pitched,” etc. Our Mishnah is Rebbi’s. “One of wood, Rebbi said he shall wipe it dry but the Sages say he must remove the pitch.” For pottery it is not following Rebbi, as it was stated: A Gentile’s wine-press, bucket, and funnel, Rebbi permits but the Sa (say). Rebbi agrees that pitchers are forbidden. Why are these forbidden and those permitted? These one fills with it, the others one does not fill with it. Rebbi Yose in the name of Rebbi Joḥanan: practice follows Rebbi. If a Gentile pitched a papyrus vessel. Rebbi Yose ben Rebbi Abun in the name of Samuel, practice follows Rebbi. It is the disagreement of Rebbi and the Sages, as we have stated: “If somebody’s wine-press was impure and he wants to purify it, the brooms, the planks, and the lentil one rubs dry and they are pure. The wicker-work of wood splinters, or of hemp, or of wood, or of bark, of threads, of bast, one lets age a full twelve months; Rabban Simeon ben Gamliel said, from one olive pressing to the next, from one wine pressing to the next. Rabban Simeon ben Gamliel said, if he wants to purify it immediately, he puts it for a period in a pipe where water streams, or in a brook whose water flows. Just as one wipes dry for purity so one wipes dry for libation wine.” How much is a period? Rebbi Yose in the name of Rebbi Joḥanan, half a day or half a night. Rebbi Ḥiyya stated, either a day or a night. Do they disagree? But one when day and night are equal, the other when day and night are unequal.
HALAKHAH: “A wine press of stone which a Gentile had pitched,” etc. Our Mishnah is Rebbi’s. “One of wood, Rebbi said he shall wipe it dry but the Sages say he must remove the pitch.” For pottery it is not following Rebbi, as it was stated: A Gentile’s wine-press, bucket, and funnel, Rebbi permits but the Sa (say). Rebbi agrees that pitchers are forbidden. Why are these forbidden and those permitted? These one fills with it, the others one does not fill with it. Rebbi Yose in the name of Rebbi Joḥanan: practice follows Rebbi. If a Gentile pitched a papyrus vessel. Rebbi Yose ben Rebbi Abun in the name of Samuel, practice follows Rebbi. It is the disagreement of Rebbi and the Sages, as we have stated: “If somebody’s wine-press was impure and he wants to purify it, the brooms, the planks, and the lentil one rubs dry and they are pure. The wicker-work of wood splinters, or of hemp, or of wood, or of bark, of threads, of bast, one lets age a full twelve months; Rabban Simeon ben Gamliel said, from one olive pressing to the next, from one wine pressing to the next. Rabban Simeon ben Gamliel said, if he wants to purify it immediately, he puts it for a period in a pipe where water streams, or in a brook whose water flows. Just as one wipes dry for purity so one wipes dry for libation wine.” How much is a period? Rebbi Yose in the name of Rebbi Joḥanan, half a day or half a night. Rebbi Ḥiyya stated, either a day or a night. Do they disagree? But one when day and night are equal, the other when day and night are unequal.
HALAKHAH: “A wine press of stone which a Gentile had pitched,” etc. Our Mishnah is Rebbi’s. “One of wood, Rebbi said he shall wipe it dry but the Sages say he must remove the pitch.” For pottery it is not following Rebbi, as it was stated: A Gentile’s wine-press, bucket, and funnel, Rebbi permits but the Sa (say). Rebbi agrees that pitchers are forbidden. Why are these forbidden and those permitted? These one fills with it, the others one does not fill with it. Rebbi Yose in the name of Rebbi Joḥanan: practice follows Rebbi. If a Gentile pitched a papyrus vessel. Rebbi Yose ben Rebbi Abun in the name of Samuel, practice follows Rebbi. It is the disagreement of Rebbi and the Sages, as we have stated: “If somebody’s wine-press was impure and he wants to purify it, the brooms, the planks, and the lentil one rubs dry and they are pure. The wicker-work of wood splinters, or of hemp, or of wood, or of bark, of threads, of bast, one lets age a full twelve months; Rabban Simeon ben Gamliel said, from one olive pressing to the next, from one wine pressing to the next. Rabban Simeon ben Gamliel said, if he wants to purify it immediately, he puts it for a period in a pipe where water streams, or in a brook whose water flows. Just as one wipes dry for purity so one wipes dry for libation wine.” How much is a period? Rebbi Yose in the name of Rebbi Joḥanan, half a day or half a night. Rebbi Ḥiyya stated, either a day or a night. Do they disagree? But one when day and night are equal, the other when day and night are unequal.
HALAKHAH: “How are plotting witnesses treated,” etc. Rebbi Yose ben Ḥanina said, everything was included in do not testify against your neighbor as a false witness. As an exception, do to him as he plotted to do to his neighbor. If you can satisfy do to him as he plotted then fulfill (do not testify) [do to him as he plotted to do]. But if you cannot satisfy do to him as he plotted to do to his neighbor then (do not) satisfy do not testify against your neighbor. Another explanation: Do to him, not to his descendants.
Rebbi Yose ben Rebbi Abun in the name of Rav: If somebody gives a loan to a person on condition that the Sabbatical not remit it, the Sabbatical does not remit it, as we have stated: “to return them after ten years instead of returning them after thirty days”. Are there ten years without a Sabbatical? Rebbi Huna said, Rav Naḥman and Rav Sheshet disagreed. One of them said, if the loan was given on a pledge; but the other said, if he writes him a prozbul.
HALAKHAH: “Plotting witnesses cannot be”. Rebbi Zeˋira said, this implies that a plotting witness is not disqualified by the court but is disqualified by himself. Explain it by warning, as it was stated: “Rebbi Yose said, when has this been said? For two testimonies with two warnings. But for one testimony and one warning any testimony which is partially disqualified is totally disqualified.” What does it mean, “if it is partially disqualified it is totally disqualified”? If they were standing and testifying against him on the tenth of Nisan that he had stolen an ox on the first of Nisan, and slaughtered or sold it on the fifth of Nisan. They were shown to be plotting on the eleventh of Nisan. Any testimony which they delivered between the second and the fifth of Nisan is retroactively disqualified. Rebbi Abba bar Mamal said, explain it if they deliver their testimony in one group and you cannot infer anything, as we have stated: “They were the first and they were the later [witnesses]. If they were shown to be plotting at first, there is nothing. At the second time, there is one testimony. At the third time, there are two testimonies. How? If they testify on one occasion, you could not infer anything. It only comes based on multiple testimonies. Rebbi Zeˋira said, this implies that a plotting witness is not disqualified by the court but is disqualified by himself.
MISHNAH: By the words of two witnesses or three witnesses shall a death sentence be imposed. If testimony is confirmed by two, why did the verse mention three? Only to compare three to two. Since three may prove that two are plotters, two also may prove that three are plotters. And from where even a hundred? The verse says “witnesses”. Rebbi Simeon says, since two are executed only if both are plotters, so three are executed only if all three are plotters. And from where even a hundred? The verse says “witnesses”. Rebbi Aqiba says, the third is only mentioned to punish him harshly and to identify his judgment with that of the others. If the verse in this way punished the accessory of criminals like criminals, so much more it will reward the accessory to one who keeps the commandments as one who keeps the commandments. Since the testimony of two [witnesses] is invalid if one of them is found to be a relative or a disqualified person, the same holds for three if one of them is found to be a relative or a disqualified person. From where even for a hundred? The verse says, witnesses. Rebbi Yose said, when has this been said? In criminal trials, but in civil trials the testimony should be upheld by the remaining [witnesses]. Rebbi says, both in criminal and in civil trials, if they warned them. But if they did not warn them, what should two brothers do who were eye-witnesses to a murder?
HALAKHAH: “Rebbi Yose said, when has this been said?” It should have been said for civil trials and would not have been needed for criminal trials. If it had been said for civil trials, not for criminal trials, I would have said that in the relaxed standards of civil trials three [witnesses] may prove two [witnesses] to be plotting but two may not prove three to be plotting. From where even a hundred? The verse says, witnesses. Or if it had been said for criminal trials, not for civil trials, I would have said that according to the stringent standards of criminal trials two [witnesses] may prove three [witnesses] to be plotting; three may not prove two to be plotting. From where even a hundred? The verse says, witnesses.
HALAKHAH: “If two [witnesses] saw him,” etc. Rebbi Jeremiah said, look how we are stating here: “If two [witnesses] saw him from one window, two from another window, and a person in the middle gives the warning, if partially they can see one another then this is one testimony. Otherwise, these are two testimonies.” Therefore, if they were three each, this does not apply. Rebbi Yose said, we stated “three each not so.” We state here what was not stated in all of Sanhedrin: “he and they are executed; the second [group] is not prosecutable.”
MISHNAH: Rebbi Yose ben Rebbi Jehudah says, nobody can be executed unless his two witnesses warned him, as it is said: By the mouth of two witnesses. Another explanation: By the mouth of two witnesses, that the court may not hear from the mouth of an interpreter.
HALAKHAH: “Rebbi Yose ben Rebbi Jehudah says,” etc. Rebbi Hoshaia stated: The following verse is said about two groups of witnesses. If an oppressive witness arises against a man, a plotting witness who answers to a man. Answering him, not his testimony. Do plotting witnesses have to be warned? Rebbi Isaac bar Tevlai in the name of Rebbi Eleazar: Plotting witnesses do not have to accept warning. Rebbi Abbahu said, we do not take notice of this. Rebbi Jacob bar Dassai said, and there are very cunning people who even if they see their comrades being led out to be killed do not say anything.
HALAKHAH: “If one threw a stone,” etc. Rebbi Eliezer ben Jacob stated, it found. That he should have been there at the moment he killed him. But is there permission to throw the stone into the public domain? Rebbi Yose ben Abun said, explain it if his wall was inclined.
Rebbi Yose ben Ḥanina said, if he was splitting wood in his courtyard, when a worker entered to collect his wages, and a splinter ricocheted and injured him, he is liable. If he died, he does not go into exile, for it is not like a forest. Rebbi Ḥanina stated, he is not liable. They do not disagree. What Rebbi Yose ben Ḥanina said, when they did not see him. But what Rebbi Ḥiyya stated, when they saw him. When they did not see him, from the moment he told him: enter, should he not be liable? Rebbi Ḥiyya stated, he is not liable. Since he told him: enter, he has to take precautions. Some would say, since he told him to enter, it becomes like the courtyard of partners. Rebbi Ḥiyya in the name of Rebbi Joḥanan: Partners acquire from one another in a courtyard; they object to one another in a courtyard, and are mutually liable for damages. But did not Rav say, if he filled the entire public domain? This did not fill the entire public domain! Since they usually walk in the entire domain, it is as if he had filled the entire domain.