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Rebbi Jeremiah asked: If he threw it to her in a courtyard which belongs to neither of them, what is the rule? Rebbi Aḥa in the name of Rebbi Ḥanina: That is a problem for the rabbis. Rebbi Abin said, it is a disagreement between Rav and the Elder Rebbi Ḥiyya, for Rebbi Samuel, Rebbi Ze‘ira, Rav Ḥiyya bar Ashi said in the name of Rav: Drawing close does not acquire in a courtyard which belongs to neither of them. But Rebbi Ḥiyya stated in disagreement: “Under which circumstances did they say that movables are acquired by drawing close? In the public domain or in a courtyard which belongs to neither of them. But in the buyer’s domain he acquired the moment he accepted it. In the seller’s domain he does not acquire unless either he lifts it up or moves it out of its prior owner’s domain. In a domain where it was deposited he does not acquire unless he either is explicitly empowered or he leases its place.”

Rebbi Zeïra objected before Rebbi Yasa: But did we not state: The same applies to marriage? He answered him, divorce documents and marriage contracts have the same rules. But did we not state: The same applies to debt? He said to him, because if he said to him: Throw it into the sea and your debt will be forgiven, it would be forgiven. But if that is true, even if it fell down close to the debtor, the debtor should have the benefit! But we have stated, if it falls down close to the debtor, the debtor is still obligated. For he said to him, throw it so that it will enter my domain, but it did not yet enter his domain. Rebbi Abbahu said, all those objections that Rebbi Zeïra raised before Rebbi Yasa, Rebbi Simeon ben Laqish raised before Rebbi Joḥanan. Did he accept them from him? He solved them with those same solutions.

Rebbi Zeïra objected before Rebbi Yasa: But did we not state: The same applies to marriage? He answered him, divorce documents and marriage contracts have the same rules. But did we not state: The same applies to debt? He said to him, because if he said to him: Throw it into the sea and your debt will be forgiven, it would be forgiven. But if that is true, even if it fell down close to the debtor, the debtor should have the benefit! But we have stated, if it falls down close to the debtor, the debtor is still obligated. For he said to him, throw it so that it will enter my domain, but it did not yet enter his domain. Rebbi Abbahu said, all those objections that Rebbi Zeïra raised before Rebbi Yasa, Rebbi Simeon ben Laqish raised before Rebbi Joḥanan. Did he accept them from him? He solved them with those same solutions.

“Rebbi Eleazar says: If it was found out immediately, this is no bill of divorce. If it was found out later, it is a bill of divorce since the first cannot destroy the rights of the second.” What is immediately? Rebbi Ze‘ira says, before she was preliminarily married, or when she was preliminarily married. Rebbi Isaac ben Ḥaqula said, before she was definitively married, or when she was definitively married. The Mishnah supports Rebbi Ze‘ira: “Since the first cannot destroy the rights of the second.”

“Rebbi Eleazar says: If it was found out immediately, this is no bill of divorce. If it was found out later, it is a bill of divorce since the first cannot destroy the rights of the second.” What is immediately? Rebbi Ze‘ira says, before she was preliminarily married, or when she was preliminarily married. Rebbi Isaac ben Ḥaqula said, before she was definitively married, or when she was definitively married. The Mishnah supports Rebbi Ze‘ira: “Since the first cannot destroy the rights of the second.”

Rebbi Ze‘ira said: Shila bar Binah stated: Anything which is invalid containing a condition if delivered on condition is also invalid.

HALAKHAH: “Five who wrote collectively a bill of divorce,” etc. Rebbi Joḥanan said in the name of Rebbi Yannai: “And I am greeting X,” one can assume that he signed regarding everything; “I am greeting X,” he signed only for the greeting. Rebbi Simeon ben Laqish said, even if he said “I am greeting X,” one can assume that he signed regarding everything. What means “collectively” for Rebbi Joḥanan? X divorces Y and Z U. What means “collectively” for Rebbi Simeon ben Laqish? We, X and Z, divorce our wives at place A. Rebbi Ze‘ira said, Rebbi Joḥanan agrees that if he mentions divorce for each one separately he needs a text and witnesses for each one separately. The strength of Rebbi Joḥanan is from the following: “ ‘That I shall not benefit, a qorbān for this one or that one’; each single one needs a separate opening.” Rebbi Yose said, the Mishnah supports Rebbi Joḥanan: “If he wrote a separate text for each of them and the witnesses signed at the end, [only] the one with which the witnesses are read is valid.” Samuel said, the detailed statement for Rebbi Meїr is the general statement for Rebbi Jehudah and the detailed statement for Rebbi Jehudah is the general statement for Rebbi Meїr. [Rebbi] Samuel said in the name of Rebbi Ze‘ira, the words of the rabbis show that the detailed statement for Rebbi Meїr is not the general statement for Rebbi Jehudah and the detailed statement for Rebbi Jehudah is not the general statement for Rebbi Meїr, since Rebbi Joḥanan said in the name of Rebbi Yannai: “and I am greeting X,” one can assume that he signed regarding everything; “I am greeting X,” he signed only for the greeting. If you would say that the detailed statement for Rebbi Meїr is the general statement for Rebbi Jehudah, even if he said “and I am greeting X,” can one assume that he signed regarding everything? How is this? Rebbi Yose said, a Mishnah implies that the detailed statement for Rebbi Jehudah is not the general statement for Rebbi Meїr, as we have stated there: “Rebbi Meїr says, even ‘wheat, and barley, and spelt’ makes him guilty for each one separately”, but nobody says “even” unless he refers to an earlier statement. How is this? Rebbi Ḥanina said, in Rebbi Meїr’s opinion, [whether] he said “wheat, and barley, and spelt”, [or “wheat, barley, spelt] is a general statement and particulars. [In Rebbi Jehudah’s opinion,] if he said, “wheat grains, barley grains, and spelt grains”, it is a general statement without particulars.

HALAKHAH: “Five who wrote collectively a bill of divorce,” etc. Rebbi Joḥanan said in the name of Rebbi Yannai: “And I am greeting X,” one can assume that he signed regarding everything; “I am greeting X,” he signed only for the greeting. Rebbi Simeon ben Laqish said, even if he said “I am greeting X,” one can assume that he signed regarding everything. What means “collectively” for Rebbi Joḥanan? X divorces Y and Z U. What means “collectively” for Rebbi Simeon ben Laqish? We, X and Z, divorce our wives at place A. Rebbi Ze‘ira said, Rebbi Joḥanan agrees that if he mentions divorce for each one separately he needs a text and witnesses for each one separately. The strength of Rebbi Joḥanan is from the following: “ ‘That I shall not benefit, a qorbān for this one or that one’; each single one needs a separate opening.” Rebbi Yose said, the Mishnah supports Rebbi Joḥanan: “If he wrote a separate text for each of them and the witnesses signed at the end, [only] the one with which the witnesses are read is valid.” Samuel said, the detailed statement for Rebbi Meїr is the general statement for Rebbi Jehudah and the detailed statement for Rebbi Jehudah is the general statement for Rebbi Meїr. [Rebbi] Samuel said in the name of Rebbi Ze‘ira, the words of the rabbis show that the detailed statement for Rebbi Meїr is not the general statement for Rebbi Jehudah and the detailed statement for Rebbi Jehudah is not the general statement for Rebbi Meїr, since Rebbi Joḥanan said in the name of Rebbi Yannai: “and I am greeting X,” one can assume that he signed regarding everything; “I am greeting X,” he signed only for the greeting. If you would say that the detailed statement for Rebbi Meїr is the general statement for Rebbi Jehudah, even if he said “and I am greeting X,” can one assume that he signed regarding everything? How is this? Rebbi Yose said, a Mishnah implies that the detailed statement for Rebbi Jehudah is not the general statement for Rebbi Meїr, as we have stated there: “Rebbi Meїr says, even ‘wheat, and barley, and spelt’ makes him guilty for each one separately”, but nobody says “even” unless he refers to an earlier statement. How is this? Rebbi Ḥanina said, in Rebbi Meїr’s opinion, [whether] he said “wheat, and barley, and spelt”, [or “wheat, barley, spelt] is a general statement and particulars. [In Rebbi Jehudah’s opinion,] if he said, “wheat grains, barley grains, and spelt grains”, it is a general statement without particulars.

HALAKHAH: “If he wrote two bills of divorce side by side,” etc. “It is invalid if the witnesses are separated from the text by the width of two lines; less than that it is valid”. Simeon bar Abba in the name of Rebbi Joḥanan: An empty space of two lines in a text about one subject makes invalid in any case. Rebbi Samuel bar Rav Isaac said: The Mishnah says so: “One Hebrew- and one Greek-writing witness are under each of them, reaching from one column to the other, are all invalid.” Is not Hebrew combined with Greek one item? Rebbi Mana said, if he started at the end of the second line and ended at the fourth line, it is valid. “How far from the text should the witnesses sign? That they can be read with it, the words of Rebbi. Rebbi Simeon ben Eleazar says, one full line. Rebbi Dositheos ben Yannai says, the width of the witnesses’ handwriting.” What kind of writing does one use to estimate? Rebbi Yasa ben Rebbi Sabbatai says, the width of the witnesses’ handwriting. Rebbi Abbahu in the name of Rebbi Isaac ben Ḥaqula: Corresponding to לך ולך. Rebbi Jeremiah asked before Rebbi Ze‘ira: Does the signature of Yose ben Yannai have equal weight with the signature of Shaul ben Barukh? He said to him: For that it is needed, that the signature of Yose ben Yannai has equal weight with the signature of Shaul ben Barukh.

A document which has an erasure or insertion in its main part is invalid; in the routine matter it is valid; but if it was mentioned later it is valid even in the main part. Rebbi Jonah and Rebbi Yose both say, one has to mention it at least in the second line before the end of the text. Rebbi Ze‘ira in the name of Rav: One has to mention the essence of the document with it. Rebbi Abba in the name of Rav: If one did not mention the essence of the document with it. The argument of Rebbi Abba seems inverted. There, Rebbi Ba said in the name of Rav Jeremiah: Disqualified witnesses do not constitute remote testimony since they came only to support the document’s validity. And here, he says so? There, in the name of Rebbi Jeremiah, here in the name of Rav.

If somebody contests the signature of the witnesses or the signature of the judges. Rebbi Abba in the name of Rav Jehudah: If he wants to certify it from the handwriting of the witnesses it is certified, from the handwriting of the judges it is certified; I am saying that even from one witness and one judge it is certified. If he gave permission to the scribe to write and to the witnesses to sign, Rebbi Abba in the name of Rav Jeremiah: The witnesses have to write: “This loan is from the first of Nisan but we wrote at a later date.” Rebbi Ze‘ira in the name of Rav Hamnuna: The confirmation of the judges is valid even if it is at some distance. Rebbi Mana said, is that correct? Could he then not certify from one handwriting? Rav said: The judges have to write: We certified this in the presence of X and Y. Why? So they can be convicted of perjury. But then also on which date, at which time, at which place? A judgment was given before Rav and this was not written. Rebbi Ḥaggai said: The judges have to know the parties. It happened that they falsified.

Rebbi Eleazar said, it is everybody’s opinion. Rebbi Joḥanan said, it is Rebbi Jehudah’s. Rebbi Yose said, you should not infer that the opinion of Rebbi Joḥanan is that he differs, but he answered him following his argument. Lengthwise. That is what he said in the name of Rebbi Ze‘ira: Since pairing is infrequent, there was no pairing. So is the Mishnah: “If the scribe wrote with one witness, is it valid. “X” is valid. “The son of Y” is valid. “X the son of Y” but he did not write “witness”, is valid. If he wrote his or her surname, it is invalid. Rebbi Abbahu in the name of Rebbi Joḥanan, even if he wrote “he is it”, it is valid. Rebbi Abbahu wrote א. Rav Ḥisda wrote ס. Samuel wrote a palm branch.

HALAKHAH: “If it became public knowledge in town that she was preliminarily married, she is preliminarily married”. Rebbi Yasa in the name of Rebbi Joḥanan: If lights are burning and people talk. Rebbi Ze‘ira objected before Rebbi Yasa: But did we not state: “If it became public knowledge in town that she was preliminarily married, she is preliminarily married; divorced, she is divorced”? Can you say that lights are burning? No, people talk. So here also, people talk. Rebbi Yasa in the name of Rebbi Joḥanan: If the title was checked and found to be from the mouth of women or minors, the title is abolished. Rav said, they permitted only in case of a hearsay witness.

If he wrote it on material forbidden for usufruct? Rebbi Ḥanin stated: A case came before Rebbi who said, she is divorced. Rebbi Eleazar said, she is not divorced. Rebbi Ze‘ira said, the rabbis disagree: For him who said, she is not preliminary married, she is not divorced. For him who said, she is preliminary married, she is divorced. The colleagues say, for restrictions. Rebbi Yose asked, what means “for restrictions”? She is not preliminarily married but divorced, is this “for restrictions”? Or she is not divorced but preliminarily married, is this “for restrictions”? What about it? The rabbis of Caesarea in the name of Rebbi Jacob bar Aḥa: He who says that she is divorced, involving material forbidden for usufruct by their words. But he who says that she is not divorced, involving material forbidden for usufruct by words of the Torah. Therefore, by material forbidden for usufruct by their words she is preliminarily married. If you say so, does this not disagree with Rav? For Rav said, the words of Rebbi Meïr: A person who uses leavened material for preliminary marriage after noontime did not do anything. Is leavened material of any use after noontime? There, he used the material for preliminary marriage, but here he effected the preliminary marriage by the [written] conditions. But then she should be preliminarily married even with material forbidden for usufruct by the Torah! What is the difference between this and a document not worth a peruṭah? There, it cannot be used as filler. But here, it can be used as filler.

Rebbi Ze‘ira said, in the days of Rebbi Simai and our teachers they made it/24 of an obolus, as it was stated: “Rabban Simeon ben Gamliel says, three dodrantes are an obolus, two besses are a dodrans, two semisses are a bes, two peruṭot a semis. It results in/24 of an obolus.”

It is written: “Six years he shall work.” How much does he work? I could think that he leaves at the end of six [years]. The verse says, “and in the seventh he shall leave.” I could think that he leave at the end of seven [years]. The verse says, “six years he shall work.” How is that? He works the entire six and leaves at the start of the seventh. “And in the seventh he shall leave.” The seventh from the sale and not the Seventh of the world. Do you say, the seventh from the sale and not the Seventh of the world? Since it says, “six years he shall work,” this spells out six years. How can I confirm “and in the seventh he shall leave?” The seventh from the sale and not the Seventh of the world. Say it is the opposite. Rebbi Ze‘ira said in the name of Rav Huna: It is written: “and in the seventh,” “and in the seventh”. Rebbi Ḥuna said, if you say, in the Seventh of the world, what would the Jubilee free? Rebbi Joḥanan bar Marius said, this follows him who said that the Jubilee does not become part of a Sabbatical period. But following him who said that the Jubilee becomes part of a Sabbatical period, sometimes it falls in the middle of a Sabbatical period. The rabbis of Caesarea say, even following him who said that the Jubilee becomes part of a Sabbatical period, we could deduce from here that the Sabbatical year frees the slaves and the Jubilee the pierced ones.

“If he did not allot her, he must let her be redeemed.” This teaches that he cannot allot her for himself unless there is time for her handywork to be worth a peruṭah and that a peruṭah be left to be deducted, the words of Rebbi Yose ben Rebbi Jehudah. But the Sages say, he allots any time until sundown. Rebbi Ḥiyya bar Ada said, everybody agrees that for a Hebrew slave only if a peruṭah’s worth is left. Rebbi Yose ben Rebbi Jehudah says it correctly, what is the rabbis’ reason? There is no money left, there is no handiwork left? Rebbi Ze‘ira said, he allots her by speech.

“If he allots her to his son;” but he may not allot her to his grandson. Samuel bar Abba asked before Rebbi Ze‘ira: In matters of inheritance you recognize the grandson like a son but here you do not recognize the grandson like a son? Rebbi Ze‘ira said, if anybody explains this matter, I shall pour him spiced wine. Rebbi Naḥum answered: In matters of inheritance where the brother can take the place of a son and all others can take the place of the son, the grandson takes the place of a son. But here, where neither the brother nor any other relative can take the place of a son, the grandson cannot take the place of a son. The rabbis of Caesarea answered: In matters of impurity you consider a brother like a son and all [near] relatives like a son but not a grandson like a son. They said, there went the spiced wine.

“If he allots her to his son;” but he may not allot her to his grandson. Samuel bar Abba asked before Rebbi Ze‘ira: In matters of inheritance you recognize the grandson like a son but here you do not recognize the grandson like a son? Rebbi Ze‘ira said, if anybody explains this matter, I shall pour him spiced wine. Rebbi Naḥum answered: In matters of inheritance where the brother can take the place of a son and all others can take the place of the son, the grandson takes the place of a son. But here, where neither the brother nor any other relative can take the place of a son, the grandson cannot take the place of a son. The rabbis of Caesarea answered: In matters of impurity you consider a brother like a son and all [near] relatives like a son but not a grandson like a son. They said, there went the spiced wine.

“By money.” Rebbi Jeremiah said, from another person to his master, therefore not from his master to another person. Rebbi Ze‘ira said, even from his master to another person. What brings this? From his master to himself. Rebbi Jeremiah asked before Rebbi Ze‘ira: “Here you have money that your field shall be unencumbered.” He answered, it is unencumbered. “That it be ownerless”? He answered, it is not ownerless. What is the difference between the cases? Here he advantaged a thinking person, there he did not advantage any thinking person. Think of it, if he was deaf-mute? He said to him, “a man.” Think of it, if he was underage? He said to him, one usually grows up. Rebbi Jonah said, Rebbi Ze‘ira follows Rebbi Simeon ben Eleazar, since Rebbi Simeon ben Eleazar says in the name of Rebbi Meïr: Even with a contract through others, not by himself. Does not his master deliver a document to others that his slave regain his freedom? Here also, his master gives money to others that his field become ownerless.

“By money.” Rebbi Jeremiah said, from another person to his master, therefore not from his master to another person. Rebbi Ze‘ira said, even from his master to another person. What brings this? From his master to himself. Rebbi Jeremiah asked before Rebbi Ze‘ira: “Here you have money that your field shall be unencumbered.” He answered, it is unencumbered. “That it be ownerless”? He answered, it is not ownerless. What is the difference between the cases? Here he advantaged a thinking person, there he did not advantage any thinking person. Think of it, if he was deaf-mute? He said to him, “a man.” Think of it, if he was underage? He said to him, one usually grows up. Rebbi Jonah said, Rebbi Ze‘ira follows Rebbi Simeon ben Eleazar, since Rebbi Simeon ben Eleazar says in the name of Rebbi Meïr: Even with a contract through others, not by himself. Does not his master deliver a document to others that his slave regain his freedom? Here also, his master gives money to others that his field become ownerless.

“By money.” Rebbi Jeremiah said, from another person to his master, therefore not from his master to another person. Rebbi Ze‘ira said, even from his master to another person. What brings this? From his master to himself. Rebbi Jeremiah asked before Rebbi Ze‘ira: “Here you have money that your field shall be unencumbered.” He answered, it is unencumbered. “That it be ownerless”? He answered, it is not ownerless. What is the difference between the cases? Here he advantaged a thinking person, there he did not advantage any thinking person. Think of it, if he was deaf-mute? He said to him, “a man.” Think of it, if he was underage? He said to him, one usually grows up. Rebbi Jonah said, Rebbi Ze‘ira follows Rebbi Simeon ben Eleazar, since Rebbi Simeon ben Eleazar says in the name of Rebbi Meïr: Even with a contract through others, not by himself. Does not his master deliver a document to others that his slave regain his freedom? Here also, his master gives money to others that his field become ownerless.

If he picked up a find and said, for the purpose that I own it rather than my master. Does he and his master own it automatically or does he own it but not his master? Let us hear from the following: “If a person is by a vow prevented from benefitting his son-in-law but wants to give money to his daughter, he says to her: These coins are given to you as a gift on condition that your husband have no claim to them, except what you put into your mouth.” It was stated: “Neither do you”. Rebbi Ze‘ira said, who stated “neither do you”? Rebbi Meïr since Rebbi Meïr makes the hand of a slave the hand of his master. For a gift [we follow] Rebbi Meïr that the wife’s hand is her husband’s hand; for a find [do we follow] the rabbis? Rebbi Ze‘ira said before Rebbi Mana, is there not a difference, for he is as if he acquired by somebody else’s opinion? He said to him, is it not a case a fortiori? Since in her case, when she would acquire by somebody else’s opinion, you say that what a wife acquired, her husband acquired: here where he acquires by his own opinion, a fortiori what the slave acquired his master must acquire.

If he picked up a find and said, for the purpose that I own it rather than my master. Does he and his master own it automatically or does he own it but not his master? Let us hear from the following: “If a person is by a vow prevented from benefitting his son-in-law but wants to give money to his daughter, he says to her: These coins are given to you as a gift on condition that your husband have no claim to them, except what you put into your mouth.” It was stated: “Neither do you”. Rebbi Ze‘ira said, who stated “neither do you”? Rebbi Meïr since Rebbi Meïr makes the hand of a slave the hand of his master. For a gift [we follow] Rebbi Meïr that the wife’s hand is her husband’s hand; for a find [do we follow] the rabbis? Rebbi Ze‘ira said before Rebbi Mana, is there not a difference, for he is as if he acquired by somebody else’s opinion? He said to him, is it not a case a fortiori? Since in her case, when she would acquire by somebody else’s opinion, you say that what a wife acquired, her husband acquired: here where he acquires by his own opinion, a fortiori what the slave acquired his master must acquire.

It is obvious that a slave may accept a gift by one third party to another, by a third party to his master, [but] not from his master to himself. From a third party to himself is in dispute between Rebbi Meïr and the Sages. If one said: Here [I am giving] you this money on condition that your master have no power over it, the slave acquired it and with him his master, the words of Rebbi Meïr. But the Sages say, the slave acquired it [but not] his master. What is the problem? From his master to a third party. Since the slave may receive from a third party for his master, may he receive from his master for a third party? Let us hear from the following: “If somebody borrowed a cow and [the lender] sent her to him through his slave, his son, or his agent.” Does this not mean that the slave is able to transfer rights from his master to a third party? Rebbi Eleazar said, explain it for a Hebrew slave. Rebbi Joḥanan said, you have to explain if for a Canaanite slave; explain it that he said, open [the gate] for her and she will come by herself, as we have stated: “If he led her, drew her to himself, called her and she followed him, he is responsible as a borrower.” Rebbi Zeïra understood it from here: “But he cannot make them acquire through his underage son or daughter or his Canaanite male or female slave, because their hand is not like his hand.” Does this not imply that a slave is not able to transfer rights from his master to another person? Explain it following Rebbi Meïr since Rebbi Meïr makes the hand of the slave the hand of his master. But did we not state “his wife”? Rebbi Meïr holds that the hand of the wife is the hand of her husband! Rebbi Ḥananiah said in the name of Rebbi Phineas, explain it following the Tanna who stated: “His wife cannot redeem Second Tithe for him. Rebbi Simeon ben Eleazar says in the name of Rebbi Meïr, his wife can redeem Second Tithe for him.” For that Tanna, Rebbi Meïr makes the hand of the slave the hand of his master but not the hand of the wife the hand of her husband!

Rebbi Ze‘ira and Rebbi Ḥiyya in the name of Rebbi Joḥanan: It is reasonable that a slave be able to accept a bill of manumission since a bill of manumission applies to him. But he should not be able to accept a bill of divorce since a bill of divorce does not apply to him. If you say, is that not a baraita? “Your are a slave but your child is free; if she was pregnant, she acquired for him.” They considered her fetus as one of her limbs. Rebbi Abba bar Ḥiyya in the name of Rebbi Joḥanan: It is reasonable that a slave be able to accept a bill of manumission but he should not be able to accept a bill of his equal. If you say, the preceding baraita? “You are a slave but your child is free; if she was pregnant, she acquired for him.” They considered her fetus as one of her limbs.

“For my slave girl X I want a document that she should not be enslaved.” Rebbi Eleazar and Rebbi Simeon ben Yaqim brought a case before Rebbi Joḥanan. He said, he has no power to enslave. What are her children? Slaves. What did he retain for her? Her earnings. Rebbi Abba and Rebbi Yose both said, this follows Rebbi who said that a person frees half of his slave. If he wrote all his possessions jointly to two of his slaves, both are free and both have to free one another. Rav Jehudah in the name of Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan: This follows Rebbi who said that a person frees half of his slave. Rebbi Ze‘ira said to Rebbi Abba: Does this not imply that one slave accepts from his master for another one? He answered, what do you think? Since they acquired the properties they went free? No, simultaneously slaves and properties went free.

Rebbi Samuel, Rebbi Ze‘ira, Rebbi Ḥiyya bar Ashi said in the name of Rav: Drawing close does not acquire in a courtyard which belongs to neither of them. But Rebbi Ḥiyya stated in disagreement: “Under which circumstances did they say that movables are acquired by drawing close? In the public domain or in a courtyard which belongs to neither of them. But in the buyer’s domain he acquired the moment he accepted it. In the seller’s domain he does not acquire unless either he lifts it up or moves it out of its prior owner’s domain. In a domain where it was deposited he does not acquire unless he either is explicitly empowered or he leases its place.”

Rav Jehudah sent to Rebbi Eleazar: If a keeper give to another keeper. He answered, the first is responsible. Rebbi Joḥanan said, the second is responsible. Rebbi Simeon ben Laqish said, the second is responsible. There, we have stated: “If somebody leases a cow from another person and lends it to a third party; if it died naturally, the lessee has to swear that it died naturally and the borrower has to pay to the lessee. Rebbi Yose said, how can this person make a deal with another’s cow? But the cow’s [price] has to be restituted to the owner.” Rebbi Hila in the name of Rebbi Yannai: Only if he gave permission to lend to others. Also Rebbi Ḥiyya stated thus: “The borrower cannot lend, nor the lessee lease, nor the borrower lease, nor the lessee lend, nor the trustee give to another unless they received permission from the owners. And all who changed the titles without the owners’ knowledge are liable. But the borrower is liable even if he did not change.” But it is because we stated: “An unpaid watchman can stipulate to be exempt from an oath and the borrower may stipulate that he not have to pay.” This means that even if he stipulated to be exempt he is obligated. What if he wanted to let the borrower swear? Let us hear from the following: “If he wrote to her: ‘I have no vow or oath against you,’ he cannot make her swear, but he can ask an oath from the heirs or her business associates.” This implies that if he wanted to make the borrower swear, he can force him to swear. The second case teaches about the first, that if he wants to force the wife to swear, he can make her swear. Rebbi Ḥanina said, it is not necessary to derive the first case from the second, and what does one learn for the second case from the first? Following what Rebbi Hila said in the name of Rebbi Yannai: Only if he gave permission to lend to others. And here, only if he gave permission to let her sons be stewards. Rebbi Yose said, he has to pay the lease the entire time it is leased to him. Rebbi Ze‘ira asked Rebbi Abinna: If the owners borrowed it and it died? He said to him, we hold that they ate it. Rebbi Yose bar Abun said, if they ate it, they ate their own property. Rebbi Ze‘ira asked before Rebbi Yasa: How does one act? He said to him, there are two against four; one does not act following the argument. He said to him, they are two against two! Rebbi Eleazar is the Elder Rebbi Ḥiyya’s student; Rebbi Joḥanan is Rebbi Yannai’s student.

Rav Jehudah sent to Rebbi Eleazar: If a keeper give to another keeper. He answered, the first is responsible. Rebbi Joḥanan said, the second is responsible. Rebbi Simeon ben Laqish said, the second is responsible. There, we have stated: “If somebody leases a cow from another person and lends it to a third party; if it died naturally, the lessee has to swear that it died naturally and the borrower has to pay to the lessee. Rebbi Yose said, how can this person make a deal with another’s cow? But the cow’s [price] has to be restituted to the owner.” Rebbi Hila in the name of Rebbi Yannai: Only if he gave permission to lend to others. Also Rebbi Ḥiyya stated thus: “The borrower cannot lend, nor the lessee lease, nor the borrower lease, nor the lessee lend, nor the trustee give to another unless they received permission from the owners. And all who changed the titles without the owners’ knowledge are liable. But the borrower is liable even if he did not change.” But it is because we stated: “An unpaid watchman can stipulate to be exempt from an oath and the borrower may stipulate that he not have to pay.” This means that even if he stipulated to be exempt he is obligated. What if he wanted to let the borrower swear? Let us hear from the following: “If he wrote to her: ‘I have no vow or oath against you,’ he cannot make her swear, but he can ask an oath from the heirs or her business associates.” This implies that if he wanted to make the borrower swear, he can force him to swear. The second case teaches about the first, that if he wants to force the wife to swear, he can make her swear. Rebbi Ḥanina said, it is not necessary to derive the first case from the second, and what does one learn for the second case from the first? Following what Rebbi Hila said in the name of Rebbi Yannai: Only if he gave permission to lend to others. And here, only if he gave permission to let her sons be stewards. Rebbi Yose said, he has to pay the lease the entire time it is leased to him. Rebbi Ze‘ira asked Rebbi Abinna: If the owners borrowed it and it died? He said to him, we hold that they ate it. Rebbi Yose bar Abun said, if they ate it, they ate their own property. Rebbi Ze‘ira asked before Rebbi Yasa: How does one act? He said to him, there are two against four; one does not act following the argument. He said to him, they are two against two! Rebbi Eleazar is the Elder Rebbi Ḥiyya’s student; Rebbi Joḥanan is Rebbi Yannai’s student.

Rav Jehudah sent and asked Rebbi Eleazar: Brothers who split? He answered, they divide what they are wearing but not what their sons and daughters are wearing. Rebbi Immi said, if one makes an appraisal for his wife, this is counted for himself and becomes part of the common estate to be distributed. If one makes a necklace for his wife, this is not of the common estate to be distributed if it is to be used on weekdays. But if it is made to be used on holidays, it becomes part of the common estate to be distributed. Rebbi Mana said, holiday dresses are distributed. Sabbath dresses are problematic. It is obvious for Rebbi Abin that both holiday and Sabbath dresses become part of the common estate and are distributed. Rebbi Ze‘ira asked before Rebbi Mana: What about spherules? He answered, you understand this since you own many spherules. He said to him, they become part of the common estate to be distributed.

Rebbi Yasa in the name of Rebbi Joḥanan: If two fields were involved, one in Judea and one in Galilee. If he took possession of the one in Judea with the intent of taking possession of the one in Galilee, or the one in Galilee with the intent of taking possession of the one in Judea, he took possession. But in [the case of] property of a proselyte he did not acquire even the boundary strip between them. Rebbi Ze‘ira asked before Rebbi Yasa: If he intended to acquire starting from the boundary strip and below? Rav Ḥisda said, property of a proselyte which he took possession of in the North with the intent of also acquiring that in the South, or in the South with the intent of acquiring also that in the North, but did not have the intent of acquiring the strip in the middle, he did not acquire unless he also intended to acquire the middle part. A baraita disagrees with Rav Ḥisda: If a proselyte died and Jews plundered his property, if one takes possession of the ground he is obligated for everything. If he took possession of standing grain, he is obligated for fallen stalks, forgotten sheaves, and peah but freed from tithes. Does not the air separate between stalks? There, we have stated: “If he tore off anything connected to the ground, he took possession.” Samuel said, he took possession only of that leaf. But did we not state: “If it was connected to the ground and he tore off anything, he took possession”? Rebbi Yose said, Rebbi Eudaimon the emigrant confirmed it: Samuel will agree, for proselyte’s property.

Rebbi Abba in the name of Rav Jehudah in the name of Samuel: One has a cow and one a donkey. They exchanged one for the other. The donkey’s owner took the cow. When the cow’s owner came to take the donkey and found that it had died, the donkey’s owner has to bring proof that his donkey was alive at the moment he took the cow. For the burden of proof is on the claimant except for barter. And anybody who does not agree to this does not know anything about civil law. Rebbi Ze‘ira said, I do not agree. Rebbi Abba said to Rebbi Ze‘ira: A Mishnah disagrees with Samuel. “If she had bodily defects, as long as she is in her father’s house, the father has to prove.” Not the husband has to prove to regain the [money given] for preliminary marriage from the father. The students of Rebbi Jonah said, explain it if little money was involved. An example: Rebbi Ḥuna, Rebbi Phineas, and Rebbi Ḥizqiah went to visit Rebbi Yosef to learn from him. They said to him, the Mishnah supports Samuel: “Once she entered the husband’s domain, the husband has to prove.” Would not the father have to prove, to extract the ketubah from the husband’s possession? He answered them, does not Samuel agree that if the cow’s owner took possession of the donkey, he has to prove that it was defective before it came into his possession? And this one, when he took her in it is as if he drew close.

Rebbi Abba in the name of Rav Jehudah in the name of Samuel: One has a cow and one a donkey. They exchanged one for the other. The donkey’s owner took the cow. When the cow’s owner came to take the donkey and found that it had died, the donkey’s owner has to bring proof that his donkey was alive at the moment he took the cow. For the burden of proof is on the claimant except for barter. And anybody who does not agree to this does not know anything about civil law. Rebbi Ze‘ira said, I do not agree. Rebbi Abba said to Rebbi Ze‘ira: A Mishnah disagrees with Samuel. “If she had bodily defects, as long as she is in her father’s house, the father has to prove.” Not the husband has to prove to regain the [money given] for preliminary marriage from the father. The students of Rebbi Jonah said, explain it if little money was involved. An example: Rebbi Ḥuna, Rebbi Phineas, and Rebbi Ḥizqiah went to visit Rebbi Yosef to learn from him. They said to him, the Mishnah supports Samuel: “Once she entered the husband’s domain, the husband has to prove.” Would not the father have to prove, to extract the ketubah from the husband’s possession? He answered them, does not Samuel agree that if the cow’s owner took possession of the donkey, he has to prove that it was defective before it came into his possession? And this one, when he took her in it is as if he drew close.

There, we have stated: “If they started, one does not interrupt.” What is the start of bathing? Rebbi Zeriqan in the name of Rebbi Ḥanina: When he opened his belt. Rav said, when he took off his shoe. Rebbi Joshua ben Levi used to hear the lesson of his grandson every Friday. Once he forgot and went bathing in the public baths of Tiberias; he was leaning on Rebbi Ḥiyya bar Abba’s shoulder. He remembered and left the public bath. He said, so it was: Rebbi Eleazar bar Yose said, he had taken off [his clothes]. Rebbi Ḥiyya bar Abba said to him, did our teacher not teach us, “if they started, one does not interrupt”? He said to him, Ḥiyya my son, is that unimportant in your eyes? For anyone who hears the lesson from his grandson is as if he heard it from Mount Sinai. What is the reason? “ You shall make them known to you sons and grandsons,” etc., “the day when you stood before the Eternal, your God, at Horeb.” Like the day when you stood before the Eternal, your God, at Horeb. Rebbi Ḥizqiah bar Jeremiah, Rebbi Ḥiyya in the name of Rebbi Joḥanan: If you can link the tradition back to Moses, link it. Otherwise take either the very first or the very last [source]. Giddul said, anybody who quotes somebody should consider it as if the author of the quote stood before him. What is the reason? “Only in image a man wanders.” “Many a man professes good will, but where will you find one you can trust?” That is Rebbi Ze‘ira, as Rebbi Ze‘ira said, we do take the traditions of Rav Sheshet into account since he is blind. And Rebbi Ze‘ira said to Rebbi Yasa, does the Rabbi know Bar Pedaiah, that you quote in his name? He said to him, Rav Ada bar Aḥawa said it in his name.

There, we have stated: “If they started, one does not interrupt.” What is the start of bathing? Rebbi Zeriqan in the name of Rebbi Ḥanina: When he opened his belt. Rav said, when he took off his shoe. Rebbi Joshua ben Levi used to hear the lesson of his grandson every Friday. Once he forgot and went bathing in the public baths of Tiberias; he was leaning on Rebbi Ḥiyya bar Abba’s shoulder. He remembered and left the public bath. He said, so it was: Rebbi Eleazar bar Yose said, he had taken off [his clothes]. Rebbi Ḥiyya bar Abba said to him, did our teacher not teach us, “if they started, one does not interrupt”? He said to him, Ḥiyya my son, is that unimportant in your eyes? For anyone who hears the lesson from his grandson is as if he heard it from Mount Sinai. What is the reason? “ You shall make them known to you sons and grandsons,” etc., “the day when you stood before the Eternal, your God, at Horeb.” Like the day when you stood before the Eternal, your God, at Horeb. Rebbi Ḥizqiah bar Jeremiah, Rebbi Ḥiyya in the name of Rebbi Joḥanan: If you can link the tradition back to Moses, link it. Otherwise take either the very first or the very last [source]. Giddul said, anybody who quotes somebody should consider it as if the author of the quote stood before him. What is the reason? “Only in image a man wanders.” “Many a man professes good will, but where will you find one you can trust?” That is Rebbi Ze‘ira, as Rebbi Ze‘ira said, we do take the traditions of Rav Sheshet into account since he is blind. And Rebbi Ze‘ira said to Rebbi Yasa, does the Rabbi know Bar Pedaiah, that you quote in his name? He said to him, Rav Ada bar Aḥawa said it in his name.

There, we have stated: “If they started, one does not interrupt.” What is the start of bathing? Rebbi Zeriqan in the name of Rebbi Ḥanina: When he opened his belt. Rav said, when he took off his shoe. Rebbi Joshua ben Levi used to hear the lesson of his grandson every Friday. Once he forgot and went bathing in the public baths of Tiberias; he was leaning on Rebbi Ḥiyya bar Abba’s shoulder. He remembered and left the public bath. He said, so it was: Rebbi Eleazar bar Yose said, he had taken off [his clothes]. Rebbi Ḥiyya bar Abba said to him, did our teacher not teach us, “if they started, one does not interrupt”? He said to him, Ḥiyya my son, is that unimportant in your eyes? For anyone who hears the lesson from his grandson is as if he heard it from Mount Sinai. What is the reason? “ You shall make them known to you sons and grandsons,” etc., “the day when you stood before the Eternal, your God, at Horeb.” Like the day when you stood before the Eternal, your God, at Horeb. Rebbi Ḥizqiah bar Jeremiah, Rebbi Ḥiyya in the name of Rebbi Joḥanan: If you can link the tradition back to Moses, link it. Otherwise take either the very first or the very last [source]. Giddul said, anybody who quotes somebody should consider it as if the author of the quote stood before him. What is the reason? “Only in image a man wanders.” “Many a man professes good will, but where will you find one you can trust?” That is Rebbi Ze‘ira, as Rebbi Ze‘ira said, we do take the traditions of Rav Sheshet into account since he is blind. And Rebbi Ze‘ira said to Rebbi Yasa, does the Rabbi know Bar Pedaiah, that you quote in his name? He said to him, Rav Ada bar Aḥawa said it in his name.

Rebbi Mana said: The millers are correct when they say that each and every person has in his chest that which is appropriate for him. Rebbi Tarphon’s mother said so and they answered her appropriately, Rebbi Ismael’s mother said so and they answered her appropriately. Rebbi Zeïra was sorry and said, if only I had father or mother that I could honor them and inherit paradise. When he heard these two instructions, he said: Praise to the All-Merciful that I have neither father nor mother. I could not have done as Rebbi Tarphon did and I could not accept what Rebbi Ismael accepted. Rebbi Abun said, I am free from honoring father and mother. They said, his father died when his mother was pregnant and she died in giving birth.

Rebbi Eleazar said: The Passover sacrifice of women is voluntary but one pushes the Sabbath away for it. Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar: The Passover sacrifice by women and slaves is voluntary; certainly one does push the Sabbath away for it. What is their maẓẓah? He said to him, it is obligatory. Rebbi Ze‘ira said, this is in dispute. Rebbi Hila said, it is everybody’s [opinion]. A baraita supports the one and a baraita supports the other. A baraita supports Rebbi Ze‘ira: Lettuce, maẓẓah and Passover sacrifice are obligatory in the first night; on all other days they are voluntary. A baraita supports Rebbi Hila: It was said: “Do not eat leavened matter with it,” and it was said: “For seven days you shall eat with it maẓẓot, the bread of deprivation’.” Anybody under the prohibition of leavened matter is under the obligation to eat maẓẓah, and women, being under the prohibition of leavened matter, are under the obligation to eat maẓẓah. But did we not state: “For any positive commandment triggered by time, men are obligated but women are free”? Rebby Mana said, it is a positive commandment which is implied by a prohibition.

Rebbi Eleazar said: The Passover sacrifice of women is voluntary but one pushes the Sabbath away for it. Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar: The Passover sacrifice by women and slaves is voluntary; certainly one does push the Sabbath away for it. What is their maẓẓah? He said to him, it is obligatory. Rebbi Ze‘ira said, this is in dispute. Rebbi Hila said, it is everybody’s [opinion]. A baraita supports the one and a baraita supports the other. A baraita supports Rebbi Ze‘ira: Lettuce, maẓẓah and Passover sacrifice are obligatory in the first night; on all other days they are voluntary. A baraita supports Rebbi Hila: It was said: “Do not eat leavened matter with it,” and it was said: “For seven days you shall eat with it maẓẓot, the bread of deprivation’.” Anybody under the prohibition of leavened matter is under the obligation to eat maẓẓah, and women, being under the prohibition of leavened matter, are under the obligation to eat maẓẓah. But did we not state: “For any positive commandment triggered by time, men are obligated but women are free”? Rebby Mana said, it is a positive commandment which is implied by a prohibition.

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

Rebbi Zeïra said, but only if the person does not revert. What is the reason? It does not say “The triple thread will never snap” but rather “The triple thread will not quickly snap.” If you work on it, it will split. Rebbi Ḥuna said in the name of Rebbi Abbahu: There is no forgetting before the Holy One, praise to Him, but for Israel He becomes forgetful. What is the reason? It is written “He forgets sin.” And so David says: “You forgot Your people’s sin, You covered up all their misdeeds, Selah.”

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

“Be preliminarily married to me by this tetradrachma,” and she said, “throw it into the sea or the river,” she is not married. “Give it to a poor person,” she is married. In either case nothing came into her hand; in one case you say, she is married; in the other case you say, she is not married! Rebbi Abbahu said in the name of Rebbi Joḥanan: She wants to be married and be seen as benefiting the poor. Rebbi Phineas said, this can be interpreted either following Rebbi Ze‘ira or Rebbi Ila.

As it was stated: “One may say to his worker: Here you have a denar, use it for food, here you have a denar, use it for drink, and not be worried about either the Sabbatical year, tithes, or wine for libations. But if he told him, go and buy yourself a loaf and I shall give you the money, go and buy yourself a reviït of wine and I shall give you the money, he has to worry because of the Sabbatical year, tithes, and wine used for libations.” Rebbi Ze‘ira said, the grocer becomes the agent of the employer to let the worker acquire. [Rebbi Hila said, the worker] acquired for the employer from the grocer and then acquires it himself.

Here also, in the opinion of Rebbi Ze‘ira the husband becomes the wife’s agent to benefit the poor. Rebbi Hila said, the poor person acquired it for the wife from her husband and afterwards acquired it for himself.

What is the difference between them? If the grocer was deaf-mute. According to Rebbi Ze‘ira, he does not have to worry because a deaf-mute cannot become an agent; according to Rebbi Hila, he does have to worry.

If the worker was deaf-mute. According to Rebbi Hila, he does not have to worry because a deaf-mute cannot acquire; according to Rebbi Ze‘ira, he does have to worry.

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

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

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

Rebbi Eleazar said, sisters are not preliminarily married but in the case of purification sacrifices it atoned. How is that? If one slaughtered two purification offerings for one transgression, the altar selects that which is appropriate; both are forbidden to be eaten. If one slaughtered two reparation offerings for one damage, the altar selects that which is appropriate; both are forbidden to be eaten. Rebbi Ze‘ira in the name of Rebbi Joḥanan: If the first one was slaughtered not for its purpose but the second for its purpose, it did atone since the first, which was not for its purpose, becomes acceptable only through the purpose stated later. But if the first was slaughtered for its purpose but the second not for its purpose: if the first atoned for what may the second atone? For impurity which occured between the first and the second. But for Passover sacrifices it did not atone since the Passover sacrifice is only for the meat to be eaten. This does not follow Rebbi Nathan since Rebbi Nathan said, one fulfills one’s duty by sprinkling [the blood] without eating.

“With Second Tithe.” Rebbi Abbahu in the name of Rebbi Joḥanan: He did not intend to transgress the words of the Torah. Rebbi Ze‘ira said, in one case he did not intend, in one case she did not intend. Rebbi Jonah said, the sanctified he did not intend, Second Tithe she did not intend. Rebbi Abin said, the sanctified neither he nor she did intend; Second tithe he did intend but she did not.

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

“One may not use the first-born of a she-ass to preliminarily marry a woman, but Rebbi Simeon permits it.” That disagrees with Rebbi Eleazar in two respects. If during its lifetime, it disagrees following the rabbis; if after breaking the neck, it disagrees following Rebbi Simeon. Rebbi Ḥanina in the name of Rebbi Yudan: Explain it that it died. If he broke its neck, it is forbidden for usufruct, but Rebbi Simeon permits it. “Breaking the neck, breaking the neck.” Since “breaking the neck” mentioned there implies that one has to break its neck, bury it, and it is forbidden for usufruct, so “breaking of the neck” mentioned here implies that one has to break its neck, [bury it,] and it is forbidden for usufruct. Following Rebbi Eleazar it is understandable. He permits during its lifetime; he needs an argument to forbid it after the breaking of the neck. Following Rebbi Joḥanan it is difficult. If it is forbidden during its lifetime, not so much more after breaking of its neck? There came Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, Rebbi Ze‘ira in the name of the rabbis: It is needed following the rabbis, lest you say that since the Torah combined the breaking of its neck with its redemption, and its redemption makes it profane, so also the breaking of its neck should make it profane. Do we find anything whose lifting makes profane and which is forbidden for usufruct? They objected: There is ṭevel containing the tithe of the poor which becomes totally profane by its lifting; but Rebbi Abba, Rav Huna said in the name of Rebbi: A person eating produce which is ṭevel for the tithe of the poor is guilty of a deadly sin. The rabbis of Caesarea in the name of Rebbi Jeremiah: So the rabbis answer Rebbi Simeon: Do we find anything that needs redemption and is permitted for usufruct? He replied to them: There is the first-born human who needs redemption and is permitted for usufruct.

“If he sells any of these items and uses their proceeds for preliminary marriage, he is married.” Rebbi Ḥaggai in the name of Rebbi Ze‘ira: Because it is not its proceeds. Rebbi Ḥanina said, this means that one cannot marry preliminary with [the proceeds of] robbery.

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

HALAKHAH: “If somebody says to another: go and marry me preliminarily to woman X,” etc. He looks out for himself and is rewarded since his acquisition is valid, but he behaved treacherously. The same holds for monetary transactions. If somebody says to another: go and buy for me goods X, and [the agent] went and bought [the merchandise] for himself, he looks out for himself and is rewarded since his acquisition is valid, but he behaved treacherously. Rebbi Ze‘ira cursed those who saw another person trying to buy certain goods and outbid him. Rebbi Abun in the name of Rebbi Ze‘ira: Also about one who organizes a group against another, the rabbis quote: “A person who prevents a good thing coming to his neighbor abandons the fear of the Almighty.”

HALAKHAH: “If somebody says to another: go and marry me preliminarily to woman X,” etc. He looks out for himself and is rewarded since his acquisition is valid, but he behaved treacherously. The same holds for monetary transactions. If somebody says to another: go and buy for me goods X, and [the agent] went and bought [the merchandise] for himself, he looks out for himself and is rewarded since his acquisition is valid, but he behaved treacherously. Rebbi Ze‘ira cursed those who saw another person trying to buy certain goods and outbid him. Rebbi Abun in the name of Rebbi Ze‘ira: Also about one who organizes a group against another, the rabbis quote: “A person who prevents a good thing coming to his neighbor abandons the fear of the Almighty.”

Rebbi Abbahu in the name of Rebbi Joḥanan: “This animal shall be an elevation sacrifice after thirty days.” If he sold it within the thirty days, it is sold; its dedication sanctifies. If he bought it back within the thirty days, the dedication as elevation sacrifice applies to it. After thirty days, the dedication as elevation sacrifice no longer applies. But an elevation sacrifice cannot be compared to a woman! Could an elevation sacrifice be compared to a woman? Rebbi Ḥiyya bar Ada said, explain it that the second man died but he had a brother. Since she is a candidate for levirate, the preliminary marriage of the first cannot be valid. Could an elevation sacrifice be compared to a woman? Rebbi Mattania said, explain it that he dedicated an animal with a permanent defect. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: There you say, my promise to Heaven is like my delivery to a private person, and here, you say so? He answered him: there, immediately, but here if he says, after thirty days.

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

A student asked before Rebbi Ze‘ira: If he gave it to her in the morning on condition that he divorce her in the afternoon? A certain David was of the opinion that anything acquires; Rebbi Ze‘ira said that after thirty days he acquires absolutely. But if the second one added absolute acquisition, I am reading for her: “Her first husband who had sent her away cannot return to take her back.”

A student asked before Rebbi Ze‘ira: If he gave it to her in the morning on condition that he divorce her in the afternoon? A certain David was of the opinion that anything acquires; Rebbi Ze‘ira said that after thirty days he acquires absolutely. But if the second one added absolute acquisition, I am reading for her: “Her first husband who had sent her away cannot return to take her back.”

Only if it be with his and her agreement. If it was symphōn in his opinion and preliminary marriage in her opinion, Rebbi Ḥanina said, it is symphōn, Rebbi Ḥaggai in the name of Rebbi Ze‘ira said, it is preliminary marriage. Rebbi Ḥanina was taking up arms against Rebbi Ḥaggai, when Rebbi Hila said to him, accept Ḥaggai, for Ḥaggai is a thinking man; this is what Rebbi Ze‘ira said. In the first Adar, Rebbi Hila died. In the second Adar, a case came before Rebbi Ḥananiah, the colleague of the rabbis, and he wanted to rule following Rebbi Ḥaggai. Rebbi Samuel bar Immi told him, Rebbi Hila was wrong when he told you, accept Ḥaggai, for Ḥaggai is a thinking man. Rebbi Ḥaggai said, a Mishnah supports him: “ ‘You married me preliminarily’, and he says, ‘I did not marry you preliminarily.’ He is permitted her relatives but she is forbidden his relatives.” Rebbi Borqai asked before Rebbi Mana: Is it the same with symphōn? He answered, a symphōn is not doubtful but the rules are identical for symphōn and preliminary marriage.

Only if it be with his and her agreement. If it was symphōn in his opinion and preliminary marriage in her opinion, Rebbi Ḥanina said, it is symphōn, Rebbi Ḥaggai in the name of Rebbi Ze‘ira said, it is preliminary marriage. Rebbi Ḥanina was taking up arms against Rebbi Ḥaggai, when Rebbi Hila said to him, accept Ḥaggai, for Ḥaggai is a thinking man; this is what Rebbi Ze‘ira said. In the first Adar, Rebbi Hila died. In the second Adar, a case came before Rebbi Ḥananiah, the colleague of the rabbis, and he wanted to rule following Rebbi Ḥaggai. Rebbi Samuel bar Immi told him, Rebbi Hila was wrong when he told you, accept Ḥaggai, for Ḥaggai is a thinking man. Rebbi Ḥaggai said, a Mishnah supports him: “ ‘You married me preliminarily’, and he says, ‘I did not marry you preliminarily.’ He is permitted her relatives but she is forbidden his relatives.” Rebbi Borqai asked before Rebbi Mana: Is it the same with symphōn? He answered, a symphōn is not doubtful but the rules are identical for symphōn and preliminary marriage.

HALAKHAH: “Rebbi Meïr says, any condition,” etc. Rebbi Eleazar said, she is preliminarily married as if by witnesses. Rebbi Samuel in the name of Rebbi Ze‘ira: She is preliminarily married as a restriction.

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

HALAKHAH: “If one says, I preliminarily married off my daughter”, etc. About what is he trustworthy? Samuel says, he is trusted to give a bill of divorce. Assi said, he is trusted to marry. Rav Huna said in the name of Rav: He is trusted to marry. Rebbi Joḥanan said, he is trusted to marry but one does not infer anything for another case from this ruling. What means, one does not infer anything for another case from this ruling? I sold one of my fields but I do not remember to whom I sold it. If someone comes and says, I bought it, he is not trusted in any way. In preliminary marriage, the same holds true. “I betrothed one of my daughters but I do not remember to whom I betrothed her. If someone comes and says, I married her preliminarily,” he is not trusted in any way. The Mishnah disagrees with Rav: “If somebody brings a bill of divorce from overseas and says, it was written and signed in my presence, he shall not marry that woman.” There, she is considered by everybody to be a married woman. Here, she is considered to be a married woman only by two persons. One waits until these two come and say, this is the man who gave her qiddushin. The Mishnah disagrees with Samuel: “This one says, I married her preliminarily, and that one says, I married her preliminarily. Both of them give a bill of divorce, but if they agree, one gives a bill of divorce and the other one marries.” He explains this, if [the father] says, I did betrothe her to one of these two but I do not remember which one it was. Rebbi Ze‘ira, Rebbi Yasa, in the name of Rebbi Joḥanan: If one of them jumped the gun and married her, one does remove her from him. That is, if this one says, I married her preliminarily, and that one says, I married her preliminarily, and one of them jumped the gun and married her definitively. But if he said, I married her preliminarily and then married her definitively, and another one comes and says, I married her preliminarily, he is not trusted in any way. It was stated thus: If after the marriage another man comes and says, I married her preliminarily, he is not trusted in any way.

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

When Rebbi Ze‘ira immigrated here, he heard voices call “he-bastard, she-bastard”. He said, what is this? There goes that of Rav Huna, since Rav Huna said, no bastard lives more than thirty days. Rebbi Jacob bar Aḥa said to him, I was with you when Rebbi Abba, Rav Huna said in the name of Rav: No bastard lives more than thirty days, when? If he is not publicly known. Therefore, if he is publicly known, he lives.

It was stated: “If a Gentile or a slave had intercourse with a Jewish woman, the child is a bastard; Rebbi Simeon ben Jehudah says in the name of Rebbi Simeon, the child is not a bastard, for a bastard is only from a woman forbidden to him by an incest prohibition for which the penalty is extirpation.” Both of them explained the same verse, “nobody may take his father’s wife, etc.” Rebbi Meïr explains: Since his father’s wife is special in that he cannot have preliminary marriage with her, but she could have preliminary marriage with others, and the child is a bastard, so in all cases in which she cannot have preliminary marriage with him, the child is a bastard. Rebbi Simeon ben Jehudah explains: Since his father’s wife is special in that she cannot have preliminary marriage with him, but she could have preliminary marriage with others, and the child is a bastard; this excludes the Gentile and the slave who cannot contract preliminary marriage with her or with others. Rebbi Samuel bar Abba questions that first Tanna: The sister-in-law who whored cannot have preliminary marriage with him or with others, but the child is qualified! Rebbi Yannai in the name of Rebbi: If a Gentile or a slave had intercourse with a Jewish woman, the child is a bastard. Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba, Rebbi Joshua ben Levi, in the name of Rebbi (Yannai ben) Rebbi: The child is neither qualified nor disqualified but dirtied. Rebbi Jonathan went with Rebbi Jehudah Neśia to the hot springs of Gadara. There, he instructed: The child is qualified. Rebbi Ze‘ira said, this child improves as time goes by. Rebbi declared the child dirtied, his grandson declared him qualified. Rebbi Abba bar Zavda instructed in the name of all rabbis: The child is qualified. Rebbi Bevai said before Rebbi Ze‘ira in the name of Rebbi Ḥanina: The child is qualified. Rebbi Ze‘ira said, if it is from that, one does not learn from a declaration. Rebbi Ḥizqiah said, I know the story from beginning to end. Rebbi Ḥama bar Ḥanina went up to the hot springs of Gadara. He visited his father who said to him: Be careful, because there are those who are disqualified, lest you injure them.

It was stated: “If a Gentile or a slave had intercourse with a Jewish woman, the child is a bastard; Rebbi Simeon ben Jehudah says in the name of Rebbi Simeon, the child is not a bastard, for a bastard is only from a woman forbidden to him by an incest prohibition for which the penalty is extirpation.” Both of them explained the same verse, “nobody may take his father’s wife, etc.” Rebbi Meïr explains: Since his father’s wife is special in that he cannot have preliminary marriage with her, but she could have preliminary marriage with others, and the child is a bastard, so in all cases in which she cannot have preliminary marriage with him, the child is a bastard. Rebbi Simeon ben Jehudah explains: Since his father’s wife is special in that she cannot have preliminary marriage with him, but she could have preliminary marriage with others, and the child is a bastard; this excludes the Gentile and the slave who cannot contract preliminary marriage with her or with others. Rebbi Samuel bar Abba questions that first Tanna: The sister-in-law who whored cannot have preliminary marriage with him or with others, but the child is qualified! Rebbi Yannai in the name of Rebbi: If a Gentile or a slave had intercourse with a Jewish woman, the child is a bastard. Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba, Rebbi Joshua ben Levi, in the name of Rebbi (Yannai ben) Rebbi: The child is neither qualified nor disqualified but dirtied. Rebbi Jonathan went with Rebbi Jehudah Neśia to the hot springs of Gadara. There, he instructed: The child is qualified. Rebbi Ze‘ira said, this child improves as time goes by. Rebbi declared the child dirtied, his grandson declared him qualified. Rebbi Abba bar Zavda instructed in the name of all rabbis: The child is qualified. Rebbi Bevai said before Rebbi Ze‘ira in the name of Rebbi Ḥanina: The child is qualified. Rebbi Ze‘ira said, if it is from that, one does not learn from a declaration. Rebbi Ḥizqiah said, I know the story from beginning to end. Rebbi Ḥama bar Ḥanina went up to the hot springs of Gadara. He visited his father who said to him: Be careful, because there are those who are disqualified, lest you injure them.

It was stated: “If a Gentile or a slave had intercourse with a Jewish woman, the child is a bastard; Rebbi Simeon ben Jehudah says in the name of Rebbi Simeon, the child is not a bastard, for a bastard is only from a woman forbidden to him by an incest prohibition for which the penalty is extirpation.” Both of them explained the same verse, “nobody may take his father’s wife, etc.” Rebbi Meïr explains: Since his father’s wife is special in that he cannot have preliminary marriage with her, but she could have preliminary marriage with others, and the child is a bastard, so in all cases in which she cannot have preliminary marriage with him, the child is a bastard. Rebbi Simeon ben Jehudah explains: Since his father’s wife is special in that she cannot have preliminary marriage with him, but she could have preliminary marriage with others, and the child is a bastard; this excludes the Gentile and the slave who cannot contract preliminary marriage with her or with others. Rebbi Samuel bar Abba questions that first Tanna: The sister-in-law who whored cannot have preliminary marriage with him or with others, but the child is qualified! Rebbi Yannai in the name of Rebbi: If a Gentile or a slave had intercourse with a Jewish woman, the child is a bastard. Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba, Rebbi Joshua ben Levi, in the name of Rebbi (Yannai ben) Rebbi: The child is neither qualified nor disqualified but dirtied. Rebbi Jonathan went with Rebbi Jehudah Neśia to the hot springs of Gadara. There, he instructed: The child is qualified. Rebbi Ze‘ira said, this child improves as time goes by. Rebbi declared the child dirtied, his grandson declared him qualified. Rebbi Abba bar Zavda instructed in the name of all rabbis: The child is qualified. Rebbi Bevai said before Rebbi Ze‘ira in the name of Rebbi Ḥanina: The child is qualified. Rebbi Ze‘ira said, if it is from that, one does not learn from a declaration. Rebbi Ḥizqiah said, I know the story from beginning to end. Rebbi Ḥama bar Ḥanina went up to the hot springs of Gadara. He visited his father who said to him: Be careful, because there are those who are disqualified, lest you injure them.

“It was stated in the name of Rebbi Meïr: It can happen that a man and a woman give birth to five nations. How is this? [A Gentile] had a male and a female slave who had children: these are Gentiles. If one of them became Jewish, one is a proselyte and one a Gentile. If their master converted and converted them as slaves, [any children] are slaves.” Rebbi Ze‘ira said, this implies that if a Gentile had intercourse with a slave girl, the child is a slave. “If he manumitted the slave girl and she had a son, the child is a bastard. If afterwards he manumitted the slave and he begat a child, he is a freed slave.” “It can happen that a man sells his father to pay his mother’s ketubah. How is this? Somebody has a male and a female slave and they have a son. He manumitted the female slave, married her, and willed all his property to her son. That is one who sells his father to pay his mother’s ketubah.”

They asked Rebbi Eliezer, what is the status of the eleventh generation of a bastard? He said to them, bring to me a third generation and I shall declare him pure, for he would not live. Rebbi Eliezer parallels Rebbi Ḥanina? As Rebbi Ḥanina said, once every sixty to seventy years the Holy One, praise to Him, brings a plague into the world to eliminate the bastards and he takes the qualified ones with them in order not to publicize the sinners. This parallels what Rebbi Levi said in the name of Rebbi Simeon ben Laqish: “In the place where the ascent offering has its throat cut before the Eternal, the purification sacrifice has its throat cut,” in order not to publicize the sinners. “Also He is wise and brings evil;” could one better understand “also He is wise and brings good”? But to teach you that even the evil that the Holy One, praise to Him, brings to the world, He brings in wisdom. “His word He did not remove, He overcomes the house of evildoers and accomplices of workers of iniquity.” Rav Huna said, no bastard lives more than thirty days. When Rebbi Ze‘ira immigrated here, he heard voices call “he-bastard, she-bastard”. He said, what is this? There goes that of Rav Huna, since Rav Huna said, no bastard lives more than thirty days. Rebbi Jacob bar Aḥa said to him, I was with you when Rebbi Abba, Rav Huna said in the name of Rav: No bastard lives more than thirty days, when? If it is unknown. Therefore, if it is known, he lives.

Rebbi Yasa in the name of Rebbi Joḥanan: In the future, the Holy One, praise to Him, will only deal with the tribe of Levi. What is the reason? “The refiner will sit, the purifier of silver, and will refine them,” etc. Rebbi Ze‘ira said, like a man who only drinks from a clean cup. Rebbi Hoshaia said, because we are not Levites, should we lose? Rebbi Ḥanina the son of Rebbi Abbahu said, also in the future, the Holy One, praise to Him, will deal with them charitably. What is the reason? “They will be for the Eternal presenters of an offering in charity.”

Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: It happened that a family in the South had a bad reputation. Rebbi sent Romanus to investigate them. He investigated and found that a grandmother had been converted at less than three years and a day of age, and he declared them fit for the priesthood. Rav Hoshaia said, he declared them fit following Rebbi Simeon. Rebbi Ze‘ira said, here it is everybody’s opinion since Rebbi Ze‘ira said in the name of Rav Ada bar Ahava, Rebbi Judan brings it in the name of Rebbi Abbahu in the name of Rebbi Joḥanan: The child of an adult is fit since it is a prohibition deduced from a positive commandment. (Lev. 21:13) “But he shall take a wife in her virginity.” Any prohibition deduced from a positive commandment is a positive commandment. Analogously, (Lev. 21:14) “only a virgin from amidst his people he shall take as wife,” not a proselyte. Is any prohibition deduced from a positive commandment a positive commandment? Rebbi Hoshaia objected: But the second generation of an Egyptian is a prohibition deduced from a positive commandment! Rebbi Hoshaia turned around and said, a positive commandment for Israel cannot be compared to a positive commandment for Cohanim. A positive commandment for Israel implies a prohibition for everybody. A positive commandment for Cohanim implies a prohibition for Cohanim but a permission for Levites and Israel.

Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: It happened that a family in the South had a bad reputation. Rebbi sent Romanus to investigate them. He investigated and found that a grandmother had been converted at less than three years and a day of age, and he declared them fit for the priesthood. Rav Hoshaia said, he declared them fit following Rebbi Simeon. Rebbi Ze‘ira said, here it is everybody’s opinion since Rebbi Ze‘ira said in the name of Rav Ada bar Ahava, Rebbi Judan brings it in the name of Rebbi Abbahu in the name of Rebbi Joḥanan: The child of an adult is fit since it is a prohibition deduced from a positive commandment. (Lev. 21:13) “But he shall take a wife in her virginity.” Any prohibition deduced from a positive commandment is a positive commandment. Analogously, (Lev. 21:14) “only a virgin from amidst his people he shall take as wife,” not a proselyte. Is any prohibition deduced from a positive commandment a positive commandment? Rebbi Hoshaia objected: But the second generation of an Egyptian is a prohibition deduced from a positive commandment! Rebbi Hoshaia turned around and said, a positive commandment for Israel cannot be compared to a positive commandment for Cohanim. A positive commandment for Israel implies a prohibition for everybody. A positive commandment for Cohanim implies a prohibition for Cohanim but a permission for Levites and Israel.

It was stated: He is believed about the adult but is not believed about the young. Who is adult? Rebbi Ze‘ira said, any one who has a wife and children; Rebbi Abbahu, any one who has a wife. A baraita disagrees with Rebbi Abbahu: A proselyte who was circumcised but did not immerse himself but has children; if he said, I was circumcised but did not immerse, he is believed and one immerses him even on the Sabbath because of parsimony, the words of Rav Jehudah. What does Rebbi Abbahu do with this? He explains it, because who cares?

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

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

Is it subject to a declaration of notoriety in a matter extraneous to its body? Rebbi Ze‘ira said, one accepts. Rebbi Illa said, one does not accept. Rebbi Ze‘ira said, a baraita disagrees with him: An ox which rubs itself against a wall which fell on a human and killed him is obligated for weregilt but free from death. Does there exist weregilt for a harmless animal? But it does not disagree with Rebbi Illa. Why is it free from death if it was notorious to destroy walls? When it destroyed it, no human was there.

Is it subject to a declaration of notoriety in a matter extraneous to its body? Rebbi Ze‘ira said, one accepts. Rebbi Illa said, one does not accept. Rebbi Ze‘ira said, a baraita disagrees with him: An ox which rubs itself against a wall which fell on a human and killed him is obligated for weregilt but free from death. Does there exist weregilt for a harmless animal? But it does not disagree with Rebbi Illa. Why is it free from death if it was notorious to destroy walls? When it destroyed it, no human was there.

HALAKHAH: “If his jar was broken in the public domain,” etc. Rebbi Eleazar said, they disagree at the moment of the accident. But after the accident everybody agrees that he must pay. Rebbi Joḥanan said, the disagreement is both at the moment of the accident and afterwards. Rebbi Joḥanan objected to Rebbi Eleazar: If he does not have to pay at the moment of the accident, is it not an inference de minore ad majus afterwards? Why should he be free at the moment of the accident? For a person declares his damaged property in the public domain as ownerless. A baraita supports both of them, as it was stated: “The Sages agree with Rebbi Jehudah that somebody who puts down his stone or his load in the public domain does not have to pay if another person stumbled over it, for on this condition did Joshua distribute the Land.” Therefore, if Joshua had not distributed the Land on this condition, he would have to pay. In the opinion of Rebbi Joḥanan, if he intended use of the potsherds. In the opinion of Rebbi Eleazar, if he intended to cause damage. Rebbi Ze‘ira and Rebbi La both say that Rebbi Jehudah agrees with the Sages that one has to pay if he declares his bull who gored in the public domain ownerless. Stationary damage cannot be compared to walking damage.

New Paragraph. “He fences his fence with thorns.” Rebbi Joḥanan said, explain it according to everybody if it grew outwardly. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: Why do we not explain it following Rebbi Yose ben Rebbi Jehudah who said, three [handbreadths] close to a domain are counted with the domain? He answered, why are you not satisfied with what Rebbi Joḥanan said; explain it according to everybody if it grew outwardly.

“One came with an amphora, another came with a beam.” Rebbi Ze‘ira asked: If they changed and caused damage, what is the rule? Let us hear from the following: “Five people sat on a couch; another came, saton it, and it broke. He pays for all of them. But if it broke because of all of them, they are all liable.”

There, we have stated: “If [the ox] gored an ox worth 200, the last one takes 100, the one before him 50, and the two first ones each a gold denar.” Rebbi Samuel in the name of Rebbi Ze‘ira: The same holds for earnings. Rebbi Yose said, the statement of Rebbi Ze‘ira disagrees with Rebbi Eleazar. Rebbi Mani said, I asked this before Rebbi Yudan. He said to me: does Rebbi Eleazar not agree if they contracted between themselves that each can take according to his contribution? Oxen are as if contracted. He turned around and said this before Rebbi Yose, who answered him, they disagree explicitly: Rebbi Eleazar said, if nothing was said, they split evenly; Rebbi Ze‘ira said, if nothing was said, each takes according to his contribution.

There, we have stated: “If [the ox] gored an ox worth 200, the last one takes 100, the one before him 50, and the two first ones each a gold denar.” Rebbi Samuel in the name of Rebbi Ze‘ira: The same holds for earnings. Rebbi Yose said, the statement of Rebbi Ze‘ira disagrees with Rebbi Eleazar. Rebbi Mani said, I asked this before Rebbi Yudan. He said to me: does Rebbi Eleazar not agree if they contracted between themselves that each can take according to his contribution? Oxen are as if contracted. He turned around and said this before Rebbi Yose, who answered him, they disagree explicitly: Rebbi Eleazar said, if nothing was said, they split evenly; Rebbi Ze‘ira said, if nothing was said, each takes according to his contribution.

There, we have stated: “If [the ox] gored an ox worth 200, the last one takes 100, the one before him 50, and the two first ones each a gold denar.” Rebbi Samuel in the name of Rebbi Ze‘ira: The same holds for earnings. Rebbi Yose said, the statement of Rebbi Ze‘ira disagrees with Rebbi Eleazar. Rebbi Mani said, I asked this before Rebbi Yudan. He said to me: does Rebbi Eleazar not agree if they contracted between themselves that each can take according to his contribution? Oxen are as if contracted. He turned around and said this before Rebbi Yose, who answered him, they disagree explicitly: Rebbi Eleazar said, if nothing was said, they split evenly; Rebbi Ze‘ira said, if nothing was said, each takes according to his contribution.

Rebbi Yasa said, I heard something from Rebbi Samuel ben Rav Isaac in this matter, but I do not remember what it was. Rebbi Ze‘ira told him, maybe it was the following: At the start the discussion refers to the tame animal. It added weregilt for the notorious. Then it added damages for both of them. I could think that as it added damages, it added the payment for the slave; the verse says “but the owner of the bull is free;” free from paying for a slave. Rebbi La said, everywhere you are more restrictive for a slave than anything else since even if he is scabbed one pays thirty tetradrachmas; I would have said also (for his father and his mother) the same; the verse says “but the owner of the bull is free;” free from paying for fetuses. Everywhere you are more restrictive for a notorious than for a tame one, would you be more restrictive here for a tame one than for a notorious? But it must be so: Men who act unintentionally are liable; bulls who act unintentionally are not liable. Does this mean that if they acted intentionally, they were liable? The verse says, “but the owner of the bull is free;” free from paying for a slave. Another Tanna stated: “But the owner of the bull is free;” free from paying for a slave. But is it not written: “If people quarrel”, people but not bulls. Rebbi Ḥaggai said, so is the baraita: Men who act unintentionally are liable; bulls who act unintentionally are not liable. Does this mean that if they acted intentionally, they were liable? The verse says, “but the owner of the bull is free;” free from paying for a slave. But is it not written: “When they quarrel,” “when they brawl”. Is not quarrel the same as brawl? Since there the act was intentional, so here the act was intentional; or since here the act was unintentional, so here the act was unintentional. What about this? As Rebbi Samuel ben Rav Isaac said, at the start it treats the tame animal, etc.

HALAKHAH: “A bull belonging to a woman, a bull belonging to orphans,” etc. What is Rebbi Jehudah’s reason? “It was testified to before its owners and they did not watch it;” those have no owners who could be responsible for damages. Rebbi Hoshaia stated: In matters of damages, Rebbi Meïr declares liable but Rebbi Jehudah declares not liable. What about weregilt? Rebbi Pedat in the name of Rebbi Hoshaia: Everybody agrees that he is liable for weregilt. But some say, Rebbi Joḥanan in the name of Rebbi Yannai: Just as they disagree for damages so they disagree for weregilt. Rebbi Jeremiah asked before Rebbi Ze‘ira: How does one actually act? He said to him, following Rebbi Hoshaia that in matters of damages, Rebbi Meïr declares liable but Rebbi Jehudah declares not liable; therefore, in matters of weregilt everybody agrees that he is liable.

Rav Jehudah in the name of Samuel: Practice follows Rebbi. Rav Ze‘ira said, practice follows Rebbi. Rebbi Jeremiah said, everybody agrees that in a house, if he tells him, “put it in,” [he implies] “and I shall watch it.” Everybody agrees that on a field, if he tells him, “put it in,” [he implies] “and you watch it.” Where do they disagree? In a courtyard. Rebbi says, a courtyard is like a field, but the Sages say, a courtyard is like a house. There, we have stated: If somebody assembles sheaves in another person’s field without permission.” [R. Isaac said,] sheaves on a field are like vessels in a house? Rebbi Yose ben Rebbi Abun said, explain it by one which has a lock.

HALAKHAH: “A person convicted of theft on the testimony of two witnesses,” etc. Rebbi Ze‘ira said, this implies that a perjured 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 that if it is partially disqualified it is totally disqualified? If they were standing and testifying against him on then tenth of Nisan that he had stolen an ox on the first of Nisan. He slaughtered or sold on the tenth of Nisan. They were shown to be perjured on the fifteenth of Nisan. Any testimony which they delivered between the tenth and the fifteenth 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 perjured at first, there is nothing. At the second time, there is one testimony. At the third time, there are two testimonies.” And how is that if they give testimony in one group, you cannot infer anything? It comes only based on multiple testimony.

HALAKHAH: “One who sold it except for a one percent interest in it,” etc. “He who stole on the owner’s property,” etc. Rebbi Ze‘ira asked: It he sold it in halves, what is the rule? If he sold half of it to one person and the other half to another, what is the rule? Let us hear from the following: “If he sold it except for its forefoot, except for its hindfoot, except for its horn, except for its shearings, he pays quadruple or quintuple restitution. Rebbi Eleazar ben Rebbi Simeon says, except for its horn he pays double restitution, except for its shearings he pays quadruple or quintuple restitution. Rebbi says, except for a vital organ he pays quadruple or quintuple restitution; except for a non-vital organ he is not liable.”

“One estimates how much a person in his state would ask to be paid in order to be willing to suffer such pain.” Rebbi Ze‘ira said, one sees a person and asks him, how much would you give that such pain would not be inflicted on you? And what he says, he has to give. Mar Uqba said, the Mishnah is “how much a person would ask to be paid,” and you say so? But one sees a person and asks him, how much would you ask that such pain not be inflicted on you? And what he says, he has to give. Ben Azai said, one gives food invalidity. What is food invalidity? Before that, I was eating lentils and vegetables but now I can only eat eggs and chicken. What he asks one gives him. Rebbi Yose ben Jacob said, a Roman who was sick would not go into battle until he could eat all he had been missing those days.

Rebbi Ze‘ira said, this implies that if he robbed a fattened animal and it became thin, he has to replace the fat. Rav Ḥisda said, this implies that if he robbed a thin animal and fattened it, he has to return it as is.

If a person took a documented loan and paid it back, he cannot use the document to take a second loan because it diminishes the power of the buyers. Rebbi Yasa in the name of Rebbi Joḥanan: Even on the same day. Rebbi Ze‘ira asked before Rebbi Yasa: Here you say, even on the same day. But there, you say, if its date was that very day, he should return it! He answered, a person is apt to take a loan and repay it the same day, but a person is not apt to repay a loan and take it the same day. Rebbi Ḥaggai asked before Rebbi Yasa: It is the same day, the same witnesses, and the same amount. What is the meaning of “it diminishes the power of the buyers”? He answered, if the property had not been mortgaged. But some say, if the witnesses did not sign for this loan.

Rebbi Ze‘ira, Rav Jehudah in the name of Samuel: One had a cow and one a donkey. They exchanged one for the other. The donkey’s owner took the cow. When the cow’s owner came to take the donkey and found that it had a fracture, the donkey’s owner had to bring proof that his donkey was well at the moment he took the cow. Anybody who does not agree to this does not know anything about civil law. Rebbi Ze‘ira said, I do not agree, I do not know anything about civil law. There, we have stated: “If she had bodily defects, as long as she was in her father’s house,” etc. Rebbi Ḥuna, Rebbi Phineas, and Rebbi Ḥizqiah went to visit Rebbi Yose to sharpen wits. They quoted the statement and he told them, look at the next statement: “Once she entered the husband’s domain, the husband has to prove.” Would not the father have to prove? But you are saying that the husband has to prove; here also, the owner has to prove.

Rebbi Ze‘ira, Rav Jehudah in the name of Samuel: One had a cow and one a donkey. They exchanged one for the other. The donkey’s owner took the cow. When the cow’s owner came to take the donkey and found that it had a fracture, the donkey’s owner had to bring proof that his donkey was well at the moment he took the cow. Anybody who does not agree to this does not know anything about civil law. Rebbi Ze‘ira said, I do not agree, I do not know anything about civil law. There, we have stated: “If she had bodily defects, as long as she was in her father’s house,” etc. Rebbi Ḥuna, Rebbi Phineas, and Rebbi Ḥizqiah went to visit Rebbi Yose to sharpen wits. They quoted the statement and he told them, look at the next statement: “Once she entered the husband’s domain, the husband has to prove.” Would not the father have to prove? But you are saying that the husband has to prove; here also, the owner has to prove.

Rebbi Ḥanina said, practice follows Rebbi Simeon, but we do not say this in all cases. Rav Jeremiah in the name of Rav: A case came before Rebbi and he instructed following Rebbi Simeon. Rebbi Ḥiyya bar Joseph gave a denar for salt. That one reneged. He said, does he not know that already a sickle is put on the thigh of that man, “He Who exacted retribution from the people of the Flood will in the future collect from him who does not keep his word”? A person paid for raw silk. He reneged. The case came before Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan. Rebbi Ḥiyya bar Joseph said, either he delivers for the amount of the pledge or one may turn him over to “Him Who exacted retribution.”. Rebbi Joḥanan said, either he delivers the entire contract or one may turn him over to “Him Who exacted retribution.” Rebbi La said, it was a case of a pledge; Rebbi Ze‘ira said, he had given him partial payment. Rebbi Ḥiyya bar Joseph agrees with Rebbi Joḥanan in a sale which is not usually split, such as of a cow or a stole.