zavdi

Rebbi Zevadiah, the son of Rebbi Jacob bar Zavdi, in the name of Rebbi Jonah: In a city whose well is far away, he may recite the Shema‘, then descends and immerses himself, ascends and prays. If he is blind they made him like a far-away well.

Rebbi Benjamin ben Yephet in the name of Rebbi Yoḥanan: A minute amount of excrement can be eliminated by spit. Rebbi Zeïra and Rebbi Jacob bar Zavdi were sitting; they saw some excrement. Rebbi Jacob bar Zavdi got up and spat on it. Rebbi Zeïra said to him: From the sea to the pan!

Rebbi Benjamin ben Yephet in the name of Rebbi Yoḥanan: A minute amount of excrement can be eliminated by spit. Rebbi Zeïra and Rebbi Jacob bar Zavdi were sitting; they saw some excrement. Rebbi Jacob bar Zavdi got up and spat on it. Rebbi Zeïra said to him: From the sea to the pan!

Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: On olive oil one recites “Creator of the fruit of the tree.” Rebbi Ḥiyya bar Pappus said before Rebbi Zeïra: The Mishnah says so. “Except for wine because on wine one says ‘Creator of the fruit of the vine’.” Is wine not mashed? But it says only “except for wine”, hence all other things even if they are mashed are recognizable in their state.

Rebbi Berekhiah said that Rebbi Jacob bar Zavdi asked before Rebbi Yose: “What are we dealing with? There one makes him an appendix for ten, one should say that here one should make him an appendix for three. Since there one makes him an appendix for the mention of the Divine Name, here, when one does not mention the Divine Name, a fortiori should one make him an appendix.” He answered him: “It is not a fortiori! There, since they must mention the Name, one makes him anappendix; here, since one does not recite the Name, there is no need to make him an appendix!”

HALAKHAH: “If one built a new house or bought new garments, etc.” Rebbi Ḥiyya bar Abba said: Not only new ones, but even used ones if they are new for him. Rebbi Jacob bar Zavdi said in the name of Rebbi Ḥiyya bar Abba: If he bought [a garment], he says: “Praise to Him Who made us live, preserved us, and let us reach this time.” If it was given to him, he says: “Praise to Him Who is good and does good.” Rebbi Abba, father of Rebbi Abba Mari, in the name of Rebbi Aḥa: If he bought, he says: “Praise to Him Who let us reach this time.” If it was given to him, he says: “Praise to Him Who is good and does good.” If he wears the garment, he says: “Praise to Him Who clothes the naked.”

HALAKHAH: It was stated: “One does not pass by foodstuffs.” Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: That means, in earlier times. But now it is permitted because of sorcery.

Rebbi Hoshaia had made a proviso for certain produce. One woman cooked vegetables she had forgotten to put in order. She came to Rebbi Hoshaia who sent Zavdi ben Levi to put it in order for him and for her. Rebbi Abba bar Mamal asked, would Zavdi ben Levi not have to give Rebbi Hoshaia property rights on these vegetables? Rebbi Zeïra asked, where do we hold? If his proviso was meant for him and for others, he does not have to give him property rights on the vegetable. If his proviso was not meant for him and for others, he has to give him property rights on the vegetable. Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: It was answered, Zavdi ben Levi did not give Rebbi Hoshaia property rights on the vegetable.

Rebbi Hoshaia had made a proviso for certain produce. One woman cooked vegetables she had forgotten to put in order. She came to Rebbi Hoshaia who sent Zavdi ben Levi to put it in order for him and for her. Rebbi Abba bar Mamal asked, would Zavdi ben Levi not have to give Rebbi Hoshaia property rights on these vegetables? Rebbi Zeïra asked, where do we hold? If his proviso was meant for him and for others, he does not have to give him property rights on the vegetable. If his proviso was not meant for him and for others, he has to give him property rights on the vegetable. Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: It was answered, Zavdi ben Levi did not give Rebbi Hoshaia property rights on the vegetable.

Rebbi Hoshaia had made a proviso for certain produce. One woman cooked vegetables she had forgotten to put in order. She came to Rebbi Hoshaia who sent Zavdi ben Levi to put it in order for him and for her. Rebbi Abba bar Mamal asked, would Zavdi ben Levi not have to give Rebbi Hoshaia property rights on these vegetables? Rebbi Zeïra asked, where do we hold? If his proviso was meant for him and for others, he does not have to give him property rights on the vegetable. If his proviso was not meant for him and for others, he has to give him property rights on the vegetable. Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: It was answered, Zavdi ben Levi did not give Rebbi Hoshaia property rights on the vegetable.

Rebbi Hoshaia had made a proviso for certain produce. One woman cooked vegetables she had forgotten to put in order. She came to Rebbi Hoshaia who sent Zavdi ben Levi to put it in order for him and for her. Rebbi Abba bar Mamal asked, would Zavdi ben Levi not have to give Rebbi Hoshaia property rights on these vegetables? Rebbi Zeïra asked, where do we hold? If his proviso was meant for him and for others, he does not have to give him property rights on the vegetable. If his proviso was not meant for him and for others, he has to give him property rights on the vegetable. Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: It was answered, Zavdi ben Levi did not give Rebbi Hoshaia property rights on the vegetable.

Rebbi Jacob bar Zavdi asked before Rebbi Jeremiah: Is our Mishnah from Rebbi Ismael ben Rebbi Yose? As it was stated: “Rebbi Ismael ben Rebbi Yose says in the name of his father that one may take heave from wine on vinegar but not from vinegar on wine. If somebody transgressed, his heave is heave. Rebbi says that wine and vinegar are two distinct kinds and one does not give heave nor does one tithe from one on the other.” He was looking at him. He said to him, what are you staring at me? Bring a lash for yourself; there it is for tithing, here it is for kilaim. Rebbi Jonah said, he should not have stared at him since the earlier rabbis wanted to understand this matter and understood that there it refers to tithing but here to kilaim.

Salman the Levite, the brother of Zavdi the Levite, in the name of Rebbi Joshua ben Levi: All statements are pair by pair. Rav said, all are one kind. A baraitha disagrees with Rav, for we have stated: also the baka-bush. Rebbi Yose ben Rebbi Abun objected, did we not also state oregano?

It was stated: “Rebbi Yose ben Kippar said in the name of Rebbi Eleazar ben Shammua‘ that the House of Shammai say, one waters the leaves and it trickles down to the root, but the House of Hillel say, one waters both on the leaves and on the root.” In the House of Rebbi Yannai one watered with a basket. Rebbi Yaakov bar Zavdi said: Rebbi Isaac ben Tevele watered with a basket. Rebbi Ḥiyya bar Abba: Rebbi Yudan bar Guria watered with a basket and hoed. Did he intend to work the land? In the days of Rebbi Ḥiyya bar Abba they watered date palms with new brooms and dried branches

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 Yose was with Rebbi Jacob bar Zavdi; he said to him: Is that just no (Lev. 19:36) “and just yes?” He said, when he said it, it was a just yes. Rav disagrees since Rav said, when I tell my family to give a gift to somebody, I never change my mind. A baraita disagrees with Rav: “ Where did they say that movables are acquired by being drawn close? In the public domain or in a courtyard which is not their joint property. In the domain of the buyer, when the deal was accepted; in the domain of the seller one never acquires until either he lift it up or he draw and remove everything from the prior owner’s property. In the domain of a depositary he cannot acquire unless he gave permission or rented their place out to him.” What does Rav do with this? One is if he was standing with him, the other if he was not standing with him. Rav disagrees since Rav said, when I tell my family to give a gift to somebody, I never change my mind. You should know because somebody had given surety on salt; it rose in price. He came before Rav who said, either he should give corresponding to the surety or he should be given up to “Him who made pay”. The arguments of Rav are contradictory. There he says, when I tell my family to give a gift to somebody, I never change my mind and here he says so? There it is for a legal rule; what Rav did himself was a measure of piety.

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 Yose was with Rebbi Jacob bar Zavdi; he said to him: Is that just no (Lev. 19:36) “and just yes?” He said, when he said it, it was a just yes. Rav disagrees since Rav said, when I tell my family to give a gift to somebody, I never change my mind. A baraita disagrees with Rav: “ Where did they say that movables are acquired by being drawn close? In the public domain or in a courtyard which is not their joint property. In the domain of the buyer, when the deal was accepted; in the domain of the seller one never acquires until either he lift it up or he draw and remove everything from the prior owner’s property. In the domain of a depositary he cannot acquire unless he gave permission or rented their place out to him.” What does Rav do with this? One is if he was standing with him, the other if he was not standing with him. Rav disagrees since Rav said, when I tell my family to give a gift to somebody, I never change my mind. You should know because somebody had given surety on salt; it rose in price. He came before Rav who said, either he should give corresponding to the surety or he should be given up to “Him who made pay”. The arguments of Rav are contradictory. There he says, when I tell my family to give a gift to somebody, I never change my mind and here he says so? There it is for a legal rule; what Rav did himself was a measure of piety.

Rebbi Jeremiah asked: Does this apply even to the remaining actions? If he received [the blood], does he sprinkle [the blood on the walls of the altar]; if he takes a fist full [of the flour offering], can he burn it [on the altar]; if he burned [the red cow], can he sprinkle [water mixed with its ashes, to purify]? Rebbi Jacob bar Zavdi in the name of Rebbi Isaac: Since we have stated: “they made it like a purification sacrifice which atones even if obtained by robbery, as long as this fact is unknown to the public;” this means that if he received, he sprinkles; if he takes a fist full, he burns; if he burned, he sprinkles.

Rebbi Jacob ben Zavdi asked in the name of Rebbi Isaac: If he was standing sacrificing on the altar when it became known to him that he was the son of a divorcee or a woman who had performed ḥaliẓah Moëd, how do you treat him? As if he had died and the homicide might return to his home town, or as if [the latter’s] trial had been concluded when there was no High Priest, when he never could leave from there?

By some pretext, cheese was mixed up. Rebbi Ḥaggai asked Rebbi Abba bar Zavda. He said to them, the property of the public cannot be forbidden. Rebbi Jacob bar Zavdi said, Rebbi Isaac asked: Is not Caius Lycus written on these documents, and you say, by a pretext?

The colleagues in the name of Rebbi Eleazar: Rebbi Eliezer agrees with the Sages that if a drink is stinking from the start it is impure. But did we not state: “The fluid oozing out from them Rebbi Eliezer declares pure but the Sages impure”? Rebbi Ila in the name of Rebbi Eleazar: Rebbi Eliezer agrees with the Sages about the waters of the ocean; even if they are stinking the Torah calls them water (Gen. 1:10): “The collection of water He called oceans.” Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: Rebbi Eliezer agrees with the Sages that beet juice does not prepare.

“He said to him, nothing but figs can be forbidden because of muqzeh!” Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: that is, concerning the Sabbath. But concerning tithes, everything may pass through a stage of muqzeh. Rebbi Yose said, the Mishnah said so: “Dried figs when he presses them and in a bin if he planes with a roller.”

A coin out of circulation which the government will accept, Rebbi Yose in the name of Rebbi Joḥanan: It is like a blank. Rebbi Ḥiyya in the name of Rebbi Joḥanan: A coin of the earlier kings, if it is currently accepted because of its coinage one exchanges, otherwise one does not exchange. A revolutionary coin like that of Bar Koziba one does not exchange. If he had dangerous coins: such a case came before Rebbi Immi. He said, one should carry its yield to the Dead Sea. If one had coins difficult to determine: Rebbi Jacob bar Zavdi: One exchanges at the value given by the tremissarius. If he wants to spend the coins, he exchanges in his usual way.

Rebbi Ezra asked before Rebbi Mana: Is it the same for a gift? Can a person appoint an agent for something that is not his? He said to him, there the Torah gave her the right to a bill of divorce and she appoints an agent to receive what rightfully is hers. Can you say in regard to a gift that a person can appoint an agent for something that is not his? In addition, from what Rebbi Yose, Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan said, if somebody said to give a gift to another and he wants to take it back, he may take it back. Rebbi Yose stood near to Rebbi Jacob bar Zavdi and said to him, is that a just “yes”? They said, at the moment he said it, it was a just yes.

Rebbi Ezra asked before Rebbi Mana: Is it the same for a gift? Can a person appoint an agent for something that is not his? He said to him, there the Torah gave her the right to a bill of divorce and she appoints an agent to receive what rightfully is hers. Can you say in regard to a gift that a person can appoint an agent for something that is not his? In addition, from what Rebbi Yose, Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan said, if somebody said to give a gift to another and he wants to take it back, he may take it back. Rebbi Yose stood near to Rebbi Jacob bar Zavdi and said to him, is that a just “yes”? They said, at the moment he said it, it was a just yes.

HALAKHAH: Rebbi Jacob bar Zavdi said, this means that one whips because of their ḥallah as a word of the Torah. Rebbi Jeremiah in the name of Rebbi Ḥiyya bar Abba, explain it if it contains the volume of an olive of any one of them. Rebbi Yose said, you might even say one volume of an olive of all of them. It is different since the category of “leavened” applies to all of them. The argument of Rebbi Yose seems inverted. There, he says two kinds are more than the third and cancel it; here, he says so! Rebbi Yose ben Rebbi Abun said, so is the Mishnah: “Either the volume of an olive from this one or from another.”

There, we have stated: “If a proselyte became Jewish while he had a cow, if she was slaughtered before he became Jewish he is free, after he had become Jewish he is obligated. In case of doubt he is free because the burden of proof is on the claimant.” There you say in doubt he is free, here you say in doubt he is obligated. Rebbi Abba said, this was challenged before Rebbi Ammi and he said, who would tell me that he takes its value from the tribe! Rebbi Jacob bar Zavdi, Rebbi Ḥiyya in the name of Rebbi Eleazar, he takes its value from the tribe. Why can he not put aside there and take its value from the tribe? Rebbi Yose said, ḥallah which is ṭevel and a deadly sin he puts aside and does not take its value from the tribe since the burden of proof is on the claimant.

Here, you say one has to lift, but there you say, one does not have to lift! Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan, because of robbing the tribe. Also, it was stated thus: “Any heave for which the Cohanim do not care, e. g., the heave of kelesin, carob, and red barley, one does not have to lift.”

HALAKHAH: 5. Abba bar Rav Ḥuna said, it they are tied together with bast. Rebbi Yose ben Rebbi Abun said, only if they made an eruv. Rebbi Ḥiyya, Rebbi Immi, both in the name of Rebbi Eleazar. One said, if the distance between them is less than four; but the other said, even if the distance between them is four. We did not know who said what. Since Rebbi Yose, Rebbi Jacob bar Zavdi, Rebbi Ḥiyya said in the name of Rebbi Eleazar, even if they are not ten [hand-breadths] high, it is he who said, if the distance between them is less than four [hand-breadths].

HALAKHAH: 5. “If he had to write the Name but intended to write Jehudah but forgot to write ד. Then the Name is at its proper place. He erases it and fixes it in holiness. Rebbi Jehudah says, he moves the pen over it and fixes it. They said to him, but this is not preferable.” Rebbi Jehudah’s argument seems inverted. There he says, it is not writing. But here, he says, it is writing. They objected to him according to his opinion. According to your opinion, since you say that it is writing, but this is not preferable. Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu did not say so, but that Rebbi Jehudah’s argument seems inverted. There he says, it is not preferable, therefore the writing is writing; but here he says, writing on top of writing is not writing. What is writing on top of writing? One higher than the other.

HALAKHAH: We have stated: “and a stone contained in it.” In the House of Rebbi it was stated, “and food and a stone contained in it.” Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan disagreed. Rebbi Ḥiyya bar Joseph as our Mishnah, Rebbi Joḥanan as stated by the House of Rebbi. The Mishnah disagrees with Rebbi Joḥanan: “If the stone in a gourd-bottle does not fall out when used to fill, one may fill with it.” Since it is squeezed in it it is like its body. The final clause disagrees with Rebbi Ḥiyya bar Joseph: “otherwise one may not fill with it.” Rebbi Yudan said, since it is used as ballast, one carries the gourd on the stone. What does Rebbi Joḥanan do with this? He carries the gourd itself. A Mishnah disagrees with Rebbi Joḥanan: “A person may carry his son with a stone in his hand, a basket and a stone in it,” and in the House of Rebbi it was stated, “and food and a stone contained in it.” Rebbi Cohen in the name of the rabbis there: they treated a baby like food. There they are saying: they made the stone in the hand of the baby like an expert amulet in the hand of the baby.

Rebbi Jeremiah, Rebbi Samuel bar Rav Isaac in the name of Rav: In a pot in which one cooked with water one may cook the same kind only after Passover. Therefore another kind is permitted although only after three dishes. If it becomes insignificant by other kinds, should it not become insignificant also by its own kind? A kind awakes its own kind to prohibit. Rebbi Jacob bar Zavdi said, Rebbi Abbahu ordered the millers not to put boxes one on top of the other lest they heated up and became leavened. Rebbi Ḥinena bar Pappos went to the millers. Rebbi Yose ben Rebbi Abun milled himself as guest. Rebbi Abun instructed the millers to fill a quartarius of water in the modii and moisten it four times. Rebbi Ḥananiah and Rebbi Mana, one said, grasses are permitted, moistened it is forbidden, but the other one switches. Rebbi Ḥananiah the son of Rebbi Hillel said, even the one who permits grasses, if he collected them in the afternoon. Why? For dew faded away from it.

On a Day of Atonemement which falls on a Sabbath may one soak pickles and preserves starting from the time of afternoon prayers? Rav said, it is forbidden; Rebbi Eleazar said, it is permitted. Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar, why did they say, one may soak pickles and preserves starting from the time of afternoon prayers? Because of danger. Is there a difference between the danger on a Day of Atonement which falls on a Sabbath and a Day of Atonement which falls on a weekday? Rebbi Ḥanania the colleague of the rabbis objected, a Mishnah disagrees with Rebbi Eleazar: “On a Day of Atonemement which falls on a Sabbath, the shew-breads are distributed in the evening.” There is a difference. Since this is a small matter, he might forget and eat. Rebbi Phineas objected:: A baraita of Rebbi Eleazar disagrees with him. The Day of Atonemement which falls on a Sabbath is a day of rest; on a weekday it is a day of rest. If one is resting on a weekday, not so much more on a Sabbath? Is it not necessary that even things which you are permitted to do on a weekday you have to refrain from on a Sabbath? What would this be? This is soaking pickles and preserves. Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu. The matter is evident for anything which is served with cold food but for anything which is served with hot food while it is heated he can trim it. Rebbi Mana said, if you are saying so, also he will be embarrassed and will not trim; it will turn out that he will become endangered. Rebbi Abba asked before Rebbi Immi: May one soak pickles and preserves starting from the time of afternoon prayers? He said to him, it is permitted. Rebbi Jacob bar Aḥa asked Rebbi Ḥiyya and Rebbi Yasa, may one soak pickles and preserves starting from the time of afternoon prayers? They said to him, it is permitted. Rebbi Zeˋira asked before Rebbi Immi, may one say to the maker of fried food make me some fried food? He said to him, it is permitted. Make me baked goods? Permitted. Prepare me a wick? No. What is the difference between one and the other? This is food, the other is not food.

If one broke a bird’s neck on leavening. There are Tannaim who state, he is liable; there are Tannaim who state, he is not liable. He who says liable, blood anywhere. He who says not liable, sacrifice. This excludes the bird which is not slaughtered as sacrifice. Rebbi Jacob bar Zavdi asked before Rebbi Yose. Him who said “liable” one understands as you are saying for freeing from liability. What is the reason of him who frees from liability? He said to him, one may infer punishment from punishment but one may not infer punishment from exemption.

The rabbis of Caesarea asked: I could think that the one who receives or carries [the blood] on leavened matter be liable. The verse says, sacrifice. Since slaughtering for sacrifice is particular in that one is liable for it outside [the Sanctuary], this excludes the one who receives or carries on leavened matter for which one is not liable outside. I could think that one who burns parts on leavened matter be liable. The verse says, and he atones. Since pouring is particular in that it is indispensable for atonement, this excludes burning of the parts, which is not indispensable for atonement. Rebbi Jacob bar Zavdi asked before Rebbi Yose. Instead of arguing for absence of liability, argue for liability. I could think that the one who receives or carries [the blood] on leavened matter not be liable. The verse says, sacrifice. Since slaughtering for sacrifice is particular in that for it one is liable outside [the Sanctuary], I also am adding burning of the parts for which one is liable outside. I could think that one who burns parts on leavened matter not be liable. The verse says, and he atones. Since pouring is particular in that it is indispensable for atonement, I also am adding the one who receives or carries who is indispensable for atonement. He said to him, anything equal in both respects instructs; anything not equal in both respects does not instruct. Sacrifice. Since slaughtering for sacrifice is particular in that it is indispensable for atonement and for it one is liable outside [the Sanctuary], this excludes the one who receives or carries on leavened matter for which one is not liable outside; it excludes burning of the parts, which is not indispensable for atonement.

Rebbi Jonah and Rebbi Yose both are saying, in the beginning we used to say that one may sprinkle on an uncircumcised Jew; but we were saying nothing. Rebbi Simon bar Zavdi stated before Rebbi Hila: It is said here then he shall come near to make it, and it is said there, then he may eat of it. Since then mentioned there presumes that he is qualified at the time of eating, so also there mentioned here presumes that he is qualified at the time of (eating) [slaughter].

Some Tannaïm state: One intercalates the year because of impurity. Some Tannaïm state: One does not intercalate the year because of impurity. He who says, one does not intercalate, how does he uphold: for they ate the Passover contrary to what is written? They intercalated in Nisan but only Adar can be intercalated. This follows what Rebbi Simon bar Zavdi said: they found the skull of Ornan the Yebusite under the altar.

It is written: They started on the first of the first month, and on the eighth day …. Could they not have eliminated all idolatry from there in one day? Rebbi Idi said, because of Chaldean idols which were engraved in vermilion. It is written: With all his heart he prepared himself to seek the Eternal, the God of his forefathers. Rebbi Simon bar Zavdi and Rebbi Samuel bar Naḥman: One said, with all he did for the purity of the Temple, he did not fully establish the purity of the Temple. One said, with all the good works he did, he did not fully do his duty for the purity of the Temple.

Rebbi Cahana the son of Rebbi Ḥiyya bar Abba said, on condition that he not act craftily. The Mishnah follows Rebbi Simeon ben Eleazar as it was stated: “One does not make {food} on a holiday for use after the holiday.” Also, it was stated: “A woman may fill a pot with meat even if one eats only one piece from it, a kettle with hot water even if one drinks only one cup from it. But baking, she should bake only what she needs.” For it is stated: “Rebbi Simeon ben Eleazar says, a woman may fill the entire oven with bread because the bread turns out well if the oven is filled.” Rav Ḥuna preached following Rebbi Simeon ben Eleazar. Rebbi Joḥanan preached to the Tiberians following that of Rebbi Simeon ben Eleazar. He preached this as practice but they took it as to act on. Some wanted to say that he preached to act on. They came and asked him and he preached as practice, and they preached again but we do not know whether as practice or to act on. Rebbi Abba bar Zavdi said, Rebbi Abbahu instructed following Rebbi Simeon ben Eleazar.

“He said to him, nothing but figs and grapes can be forbidden because of muqṣeh!” Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: that is, concerning the Sabbath. But concerning tithes, everything may pass through a stage of muqṣeh. Rebbi Yose said, the Mishnah said so: “Dried figs when he presses them and in a bin if he planes with a roller.”

“Nor sail on water” Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: This implies that it is forbidden to set something under sail to send it away from him. And similarly, it is forbidden to set something under sail to bring it to him. Rebbi Abba Mari and Rebbi Mattaniah were sitting. They saw a person splitting the water to both sides and drinking. Rebbi Abba Mari said to Rebbi Mattaniah, this is what Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu, a person is forbidden to set something under sail to send it away from him. He answered, it is what we have stated, “a person may break open an amphora to eat dried figs from it”

“Nor sail on water” Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: This implies that it is forbidden to set something under sail to send it away from him. And similarly, it is forbidden to set something under sail to bring it to him. Rebbi Abba Mari and Rebbi Mattaniah were sitting. They saw a person splitting the water to both sides and drinking. Rebbi Abba Mari said to Rebbi Mattaniah, this is what Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu, a person is forbidden to set something under sail to send it away from him. He answered, it is what we have stated, “a person may break open an amphora to eat dried figs from it”

There, we have stated: “A staff which is full of impure fluids, when it touched the miqweh it is pure, the words of Rebbi Joshua. But the Sages are saying, only if he immerses it completely.” Rebbi Simeon ben Laqish said, where do they disagree? For easy impurity; but for severe impurity even Rebbi Joshua agrees. Rebbi Joḥanan said, they even disagree for severe impurity. A baraita disagrees with Rebbi Simeon ben Laqish: “As long as his feet are in the water, he may consider himself pure for any stage he chooses.” Explain it about one who ate impure food and drank impure drinks. Did not Rebbi Jacob bar Zavdi, Rebbi Abbahu say in the name of Rebbi Simeon ben Laqish, the body of one who ate impure food and drank impure drinks is pure without special intention? From the moment he intended elevated purity he (needs) [does not need] intention. A Mishnah disagrees with Rebbi Simeon ben Laqish: “A miqweh containing exactly 40 seah into two persons descended, [both are pure]. One after the other, the first one is pure, the second impure. Rebbi Jehudah says, if the feet of the first touched the water, the second one also is pure.” Still this is about one who ate impure food and drank impure drinks. A baraita disagrees with Rebbi Simeon ben Laqish: A woman in her period may rinse a radish in a cave and it is pure. If she lifted it in any way out of the water it is impure. And we have stated thereto: Rebbi Jehudah declares it pure in the name of Rebbi Joshua. And represents a menstruating woman not a severe impurity? This disagrees with Rebbi Simeon ben Laqish and it has no standing.

If he came and found mourning in his house. On the second or third {day} he finishes with them. On the fourth he counts by himself. Rebbi Simeon says, even on the (sixth) [fourth] he finishes with them. Rebbi Joshua ben Levi said, practice follows Rebbi Simeon if he was not the head of the family. But the head of the family counts by himself. As the following: Rebbi Mana instructed Rebbi <jacob in> Armenia: since you are the head of the family, count by yourself. <this you are saying> if he did not see most of the people. But if most of the people were seen by him one takes him to the bath house. As the following: Rav <rebbi> Huna instructed the brother of Rebbi Jehudah bar Zavdi, since most of the people were seen by him, take him to the bath house.

Overturning the beds sometimes is for six, five, four, three {days}. On Friday, six. On Friday before sundown, five. A holiday after the Sabbath, four. The two days of New Year, three. A student of Rebbi Mana instructed a relative of the Patriarch: after he uprights it he does not have to overturn again. How many days did he do it? Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: He did it for two days. Rebbi Abba, Rebbi Immi, Rebbi Jacob bar Zavdi in the name of Rebbi Isaac: three. Rebbi Ḥinena bar Pappus instructed to overturn it even for one day; but he saw in his dream because you rebelled. It was stated: One who stays in an inn does not have to overturn, so they should not say that he is a sorcerer.

Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu in the name of Rebbi Joḥanan, only from the place of masculinity. Rebbi Simon in the name of Rebbi Joshua ben Levi: even from the female place. Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: Rebbi Joshua ben Levi retracted this, from the following verse: “And with a male you should not lie in the way of a woman’s beddings”, one who may lie in two ways, including the female. Who is that? That is the hermaphrodite. Rebbi said, I looked for but did not find words of Ben Shamua about the hermaphrodite, for the entire group ganged up on me. Why? Not to make it public or because he was not worth it? What difference does it make? He usually made public. If you say, it was not to make it public, the publicity is already in his hand. The reason must be that he was not worth it. What could he made public? He inherits, he testifies, his grain offering is burnt completely, one says grace with him as with a male.

Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu in the name of Rebbi Joḥanan, only from the place of masculinity. Rebbi Simon in the name of Rebbi Joshua ben Levi: even from the female place. Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: Rebbi Joshua ben Levi retracted this, from the following verse: “And with a male you should not lie in the way of a woman’s beddings”, one who may lie in two ways, including the female. Who is that? That is the hermaphrodite. Rebbi said, I looked for but did not find words of Ben Shamua about the hermaphrodite, for the entire group ganged up on me. Why? Not to make it public or because he was not worth it? What difference does it make? He usually made public. If you say, it was not to make it public, the publicity is already in his hand. The reason must be that he was not worth it. What could he made public? He inherits, he testifies, his grain offering is burnt completely, one says grace with him as with a male.

How could one state this Mishnah? Not the rabbis nor Rebbi Aqiba! But it is as follows. He who says that she is permitted to her house [follows] the rabbis against Rebbi Aqiba. He who says that she is forbidden to her house [follows] Rebbi Aqiba against the rabbis. Rebbi Yannai said, a woman waiting for her levir who whored is permitted to her house. One had stated this: “It was hidden from her husband’s eyes,” not from her levir’s eyes. Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: It happened, she was the wife of a Cohen, and they permitted her to her house. Rebbi Yose ben Rebbi Abun said, no whipping is involved.

There, they say: The prophet Haggai asked two questions; one they answered correctly and one incorrectly. “Assume a man carries holy meat in the corner of his garment.” The corner is of primary impurity, the holy meat of second degree, bread and soup of third degree, wine, oil, and food of the fourth. Does there exist a fourth degree of impurity for sanctified food? “The Cohanim answered, and said: No.” They did not answer correctly, since there is a fourth degree of impurity for sanctified food. “Ḥaggai said, if a person impure by the impurity of the dead would touch all of these, would they be impure?” If the corner would be impure by the impurity of the dead and touched these. Would it be impure? “The Cohanim answered and said, it would be impure.” They answered correctly. But Rebbi Jeremiah, Rebbi Ḥiyya said in the name of Rebbi Joḥanan: He asked them before they decided about fourth degree [impurity] for sanctified food. Then why did he curse them? As a person who looks for a pretext against his neighbor. What difference does it make for the House? Is that not what he said: “What they are sacrificing there is impure”? That is what Rebbi Simon bar Zavdi said, they found the skull of Oman the Jebusite under the altar.

Rebbi Tanḥuma, Rebbi Phineas, in the name of Rebbi Levi: He asked them about the fifth degree of sanctified food. “Assume a man carries holy meat in the corner of his garment.” The corner is of primary impurity, the holy meat of second degree, bread and soup third, wine and oil fourth, and the food of the fifth degree. Does there exist fifth degree impurity for sanctified food? “The Cohanim answered, and said: No.” They did answer correctly, since there is no fifth degree impurity for sanctified food. Then why did he curse them? As a person who looks for a pretext against his neighbor. What difference does it make for the House? Is that not what Rebbi Simon bar Zavdi said, they found the skull of Ornan the Jebusite under the altar.

It was stated: “One does not intercalate for a year because of impurity; Rebbi Jehudah says, one does, since we find that Hezekia intercalated because of impurity, as it was said: ‘For most of the people, etc.’ Rebbi Simeon said, even though they intercalated in Nisan, only Adar was intercalated. Rebbi Simeon ben Jehudah said in the name of Rebbi Simeon, Hezekia forced the multitude to celebrate the Second Passover.” Some Tannaïm state: One intercalates for the year because of impurity. Some Tannaïm state: One does not intercalate. He who says, one does not intercalate, from the following: “For they ate the pesaḥ not as it was written.” How does the one who says one does intercalate, explain “for they ate the pesaḥ”? They intercalated in Nisan but only Adar was intercalated. This follows what Rebbi Simon bar Zavdi said, they found the skull of Oman the Jebusite under the altar.

It is written: “With all his heart he prepared himself to seek God, his fathers’ [God], etc.” Rebbi Simon bar Zavdi and Rebbi Samuel bar Naḥman. One of them said, with all he did to purity the Temple, he did not fully establish the purity of the Temple. The other said, with all the good works he did, he did not fully do his duty for the purity of the Temple. It is written: “They started on the first of the first month.” And it is written: “On the sixteenth of the month they finished. Could they not have eliminated all idolatry from there in one day? Rebbi Idi said, because of Chaldean idols which were engraved.

Rebbi Eliezer objected to the rabbis: Just as you hold that one who brings a bill of divorce from one province to another overseas has to say, “it was written and signed before me,” so I hold that one who brings a bill of divorce from one province to another in the Land of Israel has to say, “it was written and signed before me.” Rebbi Jacob bar Zavdi said, it happened that one brought a bill of divorce from the harbor of Caesarea. The case came before Rebbi Abbahu who said yes, he has to say that it was written and signed before him. But is the harbor of Caesarea not part of Caesarea? Rebbi Abin said, it was from a departing ship, and it was stated thus: One who brings a bill of divorce from a ship is like one who brings from outside the Land and has to say that it was written and signed before him.

Rebbi Ze‘ira asked before Rebbi Mana: Is it the same for a gift? Can a person appoint an agent for anything that is not his? He said to him, there the Torah gave her the right to a bill of divorce and she appoints an agent to receive what is rightfully hers. Can you say in regard to a gift that a person can appoint an agent for anything that is not his? In addition, from what Rebbi Yose and Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan said, if somebody said to give a gift to another and he wants to retract, he may retract. Rebbi Yose stood near Rebbi Jacob bar Zavdi and said to him, is that a just “yes”? He said to him, at the moment he said it, it was a just “yes”.

Rebbi Ze‘ira asked before Rebbi Mana: Is it the same for a gift? Can a person appoint an agent for anything that is not his? He said to him, there the Torah gave her the right to a bill of divorce and she appoints an agent to receive what is rightfully hers. Can you say in regard to a gift that a person can appoint an agent for anything that is not his? In addition, from what Rebbi Yose and Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan said, if somebody said to give a gift to another and he wants to retract, he may retract. Rebbi Yose stood near Rebbi Jacob bar Zavdi and said to him, is that a just “yes”? He said to him, at the moment he said it, it was a just “yes”.

The brother of Rebbi Jehudah bar Zavdi in the name of [Rav]: As long as a baby lies in the public domain, either his father or his mother can testify about him. Once he was collected from the public domain, one needs two witnesses; its father and mother are like two witnesses. The rabbis of Caesarea in the name of Rav Ḥisda: That is, if the baby is not moving. But a baby which is moving needs two witnesses; its father and mother are like two witnesses. This parallels what Rebbi Yannai said: property rights on jumping calves and lambs cannot be proven by possession.

Rebbi Abba in the name of Rav Ḥisda: Three are trustworthy immediately: a midwife, a caravan, and the one who purifies her colleagues. A midwife: “The midwife took and wound a red string [around his hand] to indicate that this one was born first.” A caravan, as Rebbi Abba, the brother of Rebbi Jehudah bar Zavdi said in the name of Rav: As long as a baby lies in the public domain, either its father or its mother can testify about him. Once it was collected from the public domain, one needs two witnesses; its father and mother are like two witnesses. The one who purifies her colleagues, as we have stated there: “Three women sleep on one bed. If blood was found under one of them, all three are impure. If one of them checked herself out and found herself impure, she is impure and the other two are pure.” Rebbi Abba said, only within 24 hours.

Rebbi Jacob bar Idi, Rebbi Abbahu in the name of Rebbi Joḥanan: A ring does not have the status of a pledge. Nobody dealing in words onlymay one deliver to “Him Who exacted retribution”. Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan: If one promised a gift to another and wanted to renege on it, he may renege. [Rebbi Jacob bar Zavdi asked before Rebbi Abbahu: Is that “true no, true yes”?] He said, at the moment when he said it, he had to speak with full deliberation. After that, if he changes his mind, he cannot change it, that is, if [the recipient] is poor. But for a rich person, is that a vow? Rav commanded his servant: If I tell you to give a gift to a person, if he is poor, give it to him immediately. But if he is rich, take counsel with me a second time.

Rebbi Jacob bar Idi, Rebbi Abbahu in the name of Rebbi Joḥanan: A ring does not have the status of a pledge. Nobody dealing in words onlymay one deliver to “Him Who exacted retribution”. Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan: If one promised a gift to another and wanted to renege on it, he may renege. [Rebbi Jacob bar Zavdi asked before Rebbi Abbahu: Is that “true no, true yes”?] He said, at the moment when he said it, he had to speak with full deliberation. After that, if he changes his mind, he cannot change it, that is, if [the recipient] is poor. But for a rich person, is that a vow? Rav commanded his servant: If I tell you to give a gift to a person, if he is poor, give it to him immediately. But if he is rich, take counsel with me a second time.

“He may use it for Second Tithe without hesitation since it is only miserly.” Jacob bar Zavdi, Rebbi Joḥanan in the name of Rebbi Simon: One does not add a fifth for any Second Tithe which in itself is not worth a peruṭah. Rebbi Joḥanan in the name of Rebbi Yannai: One does not add a fifth for any Second Tithe for which the fifth is not worth a peruṭah. A baraita supports the one, a baraita supports the other. As it was stated: “From its tithe,” except what is worth less than a peruṭah. This means, not unless itself is worth a peruṭah. Another Tanna states: “From its tithe, its fifths” except if it is worth less than a peruṭah. This means, not unless the fifth is worth a peruṭah. Rebbi Abin bar Mamal said, our Mishnah follows neither one since we have stated “there are five peruṭot”, but we did not state “not unless itself is worth a peruṭah”; we have stated “there are five fifths”, but we did not state “not unless the fifth is worth a peruṭah”.

“And slaves.” Rebbi Simon the brother of Rebbi Jehudah bar Zavdi in the name of Rav: As long as a baby lies in the public domain, his father or his mother can testify about him. Once he has been collected from the public domain, one needs two witnesses and its father and mother are like two witnesses. Rebbi Abbahu said, can a person be suspected to say about one who is not his son that he is his son? Maybe it was said about the property of a convert? He told him, but all our teachers in the Diaspora testify that in this form we heard it from Rav Ada bar Abuh. Rav Ḥisda said: That is, if the baby is not moving. But [the case of] a baby which is moving refers to what Rebbi Joḥanan said: property rights on jumping calves and lambs which move from place to place cannot be proven by possession.

Rebbi Abba in the name of Rav Ḥisda: Three are trustworthy immediately: a midwife, a caravan, and the one who purifies her colleagues. A midwife as long as [the woman] sits on the birthing chair, from the verse: “The midwife took and wound, etc.” A caravan, as Rebbi Simon, the brother of Rebbi Jehudah bar Zavdi, said in the name of Rav: As long as [a baby] lies in the public domain, either its father or its mother can testify about him. Once he has been collected from the public domain, one needs two witnesses; its father and mother may become its two witnesses. The one who purifies her colleagues, as we have stated there: “Three women sleep on one bed. If blood was found under one of them, all three are impure. If one of them checked herself out and found herself impure, she is impure and the other two are pure.” Rebbi Abba said, only within 24 hours.

Some Tannaïm state: One intercalates because of impurity. Some Tannaïm state: One does not intercalate. He who says, one does not intercalate, from the following: for they ate the Passover contrary to what is written. How does the one who says one does not intercalate, explain contrary to what is written? They intercalated in Nisan but one intercalates only in Adar. This follows what Rebbi Simon bar Zavdi said: they found the skull of Ornan the Yebusite under the altar.

It is written: With all his heart he prepared himself to seek God, to act, and to teach law and justice in Israel. Rebbi Simon bar Zavdi and Rebbi Samuel bar Naḥman. One said, with all he did for the purity of the Temple, he did not fully establish the purity of the Temple. One said, with all the good works he did, he did not fully do his duty for the purity of the Temple. It is written: They started on the first of the first month, and on the eighth day they entered the Eternal’s Hall and sanctified the Eternal’s House for three days; on the sixteenth of the month they finished. Could they not have eliminated all idolatry from there in one day? Rebbi Idi said, because of Chaldean idols which were engraved in vermilion.

Rebbi Jacob bar Zavdi said, I asked before Rebbi Abbahu: Did not [Rebbi] Zeˋira and Rebbi Joḥanan in the name of Rebbi Yannai, Rebbi Jeremiah, Rebbi Joḥanan in the name of Rebbi Simeon ben Yehoṣadaq, say that they voted on the upper floor of the Niṭzah house in Lydda: About all the Torah, if a Gentile tells a Jew to transgress any commandment of the Torah except those concerning idolatry, incest and adultery, and murder, he should transgress and not be killed. That is in private, but in public he should not follow him even for the slightest commandment, as exemplified by Pappos and his brother Julianus to whom they gave water in a colored glass and they did not accept. He said, they do not intend to lead you to apostasy, they only want to collect annona. What means “in public”? The rabbis of Caesarea say ten, as it is written: I shall be sanctified in the midst of the Children of Israel.

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: “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.

לֹא תְחָנֵּֽם do not give them free gifts. But was it not stated: “It happened that Rabban Gamliel was walking on the road and saw a loaf of bread thrown on the road. He said to his slave Tabi, pick up this loaf. He saw a Gentile coming towards him and said to him, Mabgai, take this loaf. Rebbi Illai ran after him and asked him, what is your name? He told him, Mabgai. From where are you? He told him, from the guard-tower villages. Did Rabban Gamliel ever come to know you?, He told him, no. Rabban Gamliel had it right by the Holy Spirit. We learned from him three things. We learned that one does not pass over food. And that leavened matter of a Gentile is permitted immediately after Passover. And that one follows the majority of travelers.” Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: That is, in earlier times. But today we pass over edibles because of sorcery.

HALAKHAH: “One may be healed from the healing of property,” etc. Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: “healing of property,” his animal. “Healing of persons,” his body. Rebbi Abba in the name of Rav Jehudah: If it was scratched it is forbidden. As in the following case: Rebbi Immi went with Rebbi Jehudah the Prince to the hot springs of Gader. He hurt his finger and put a bandage on it. He saw it penetrate and cut it off. Did he not hear what Rebbi Jacob bar Aḥa said in the name of Rebbi Joḥanan: If he was a professional healer it is permitted? This is not comparable. There if it was scratched it is permitted, but here it was scratched and is forbidden.

What is uncut triton? Any where heads and spines exist. Rebbi Eleazar in the name of Rebbi Ḥanina: It happened that on a ship of the House of Rebbi there were more than 300 amphoras. Rebbi checked them all out and found only one where heads and spines were found. He permitted all of them. Rebbi Jacob bar Aḥa said, Rebbi Assi asked, would it not be reasonable that one amphora be permitted but the other amphoras be forbidden? But it was by a pretext. (A sale) was mixed up. Rebbi Ḥaggai asked Rebbi Abba bar Zavda who said to him, the property of the public cannot be forbidden. Rebbi Jacob bar Zavdi said, Rebbi Isaac asked: Is not Cajus Lycus written on these documents, and you say, by a pretext?

“Like saffron stigma, like the uniformly colored part of it.” Moist, not dried. From the upper part, not the lower. From the part in the shadow, not exposed to the sun. Rebbi Abbahu brought before Rebbi Eleazar in cupper’s vessels. He said to him, its looks already are dimmed. Rebbi Jacob bar Zavdi brought before Rebbi Abbahu goat’s blood as [example of] red, fish blood as [example of] black. He said to him, its looks already are dimmed

Rav Jehudah asked Samuel: Since I am learned, can I judge the signs of an amnion? He said to him, your head’s head can be scalded by boiling water, you should not be scalded even by lukewarm water. Rebbi Ḥiyya in the name of Rebbi Joḥanan, we do not rely on women who say, its completion would have been male, its completion would have been female. Rebbi Jacon bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan: A woman is trustworthy if she said, I gave birth or I did not give birth. But she is not trustworthy if she says, it was male or it was female.