Who must give way before whom? — Come and hear' It has been taught: She must give way before him, and not he before her, but if the court-yard6 belonged to her, he must give way before her.
The question was asked: If the court-yard belonged to both, what is [the law]? Come and hear: 'She must give way before him.' In what case?7 If the court-yard belongs to him it is obvious; and if the court-yard belongs to her, has it not been taught: 'If the court-yard belongs to her, he gives way before her'? Hence [it must be] in a such case!8 — [No.] Perhaps [it deals with a case] when they rented [the court-yard]. How is it then?9 — Come and hear: [It is written:] The Lord will hurl thee away violently as a man,10 and Rab said:11 moving about12 is harder for a man than for a woman.13
Our Rabbis taught: If he14 borrowed15 from the property of her father,16 she collects the payment only through another person.17 R. Shesheth said: And if they [both] come before us to Court, we do not deal with18 them.19 R. Papa said: We excommunicate them. R. Huna, the son of R. Joshua. said: We even order them to be lashed. R. Nahman said: It is taught in Ebel Rabbathi:20 This is said only21 when she was divorced after22 marriage, but if she was divorced after betrothal, she may collect the payments herself, because he is not [so] familiar with her.
Once a betrothed and his [former] fiancee came before Raba, and R. Adda b. Mattena, sat before him. Raba placed a messenger23 between them.24 R. Adda b. Mattena said to him: Did not R. Nahman say: 'It is taught in Ebel Rabbathi etc.'?25 — He answered him: We see26 that they are familiar with one another.27 Some say: Raba did not place a messenger between them. R. Adda b. Mattena said to him: Let the Master place a messenger between them. He answered him:28 Did not R. Nahman say: 'It is taught in Ebel Rabbathi, etc.'? He29 said to him:28 This only when they are not familiar with one another, but [as to] these — I see that they are familiar with one another.27
MISHNAH. THE FOLLOWING30 ARE BELIEVED ON TESTIFYING WHEN THEY ARE GROWN-UP31 TO WHAT THEY HAVE SEEN WHEN THEY WERE SMALL:32 — A PERSON IS BELIEVED ON SAYING 'THIS IS THE HANDWRITING OF MY FATHER.'33 'THIS IS THE HANDWRITING OF MY TEACHER. 'THIS IS THE HANDWRITING OF MY BROTHER:34 REMEMBER THAT THAT WOMAN WENT OUT WITH A HINUMA AND UNCOVERED HEAD,35 'THAT THAT MAN USED TO GO OUT FROM SCHOOL36 TO IMMERSE37 IN ORDER TO EAT TERUMAH'.38 'THAT HE USED TO TAKE A SHARE WITH US AT THE THRESHING FLOOR, THAT THIS PLACE WAS A BETH HA-PERAS.'39 THAT UP TO HERE WE USED TO GO ON SABBATH.40 BUT A MAN IS NOT BELIEVED WHEN HE SAYS: SO-AND — SO HAD A WAY41 IN THIS PLACE, THAT MAN HAD A PLACE OF STANDING UP AND LAMENTATION42 IN THIS PLACE.
GEMARA. R. Huna b. Joshua said: [This is] only43 when a grown up person is with him.44 And it is necessary,45 for if he had taught us46 [with regard to] his father, [I might say]47 that is because he48 was always49 with him,50 but [with regard to] his teacher. [he would] not [be believed]. And if he had taught us [with regard to] his teacher, [I might say]51 that is because he had reverence52 for his teacher.53 And if he had taught us these two [cases],54 [I might say55 with regard to] his father, that is because he was always with him, and [with regard to] his teacher, because he had reverence for him, but [with regard to] his brother, in regard to whom there is neither this nor that ground.56 I might say [that he is] not [believed]; so he teaches us57 [that] since the confirmation of documents58 is [only] ordained by the Rabbis,59 so the Rabbis have believed him regarding what the Rabbis [themselves] have ordained.
THAT THAT MAN USED TO GO OUT FROM SCHOOL TO IMMERSE IN ORDER TO EAT TERUMAH. But perhaps he was the slave of a priest?63 — This supports R. Joshua b. Levi; for R. Joshua b. Levi said: A man is forbidden to teach his slave64 the Torah. But is it indeed not [permitted]? Has it not been taught: If his master has borrowed from him65 or his master made him
a guardian or he put on Tefillin1 in the presence of his master or he read three verses2 in the Synagogue, he does not become free!3 — There4 it happened that he did it with his consent;5 [for what case] do we state [our rule]?6 When he treats him as a child.7
TO IMMERSE IN ORDER TO EAT TERUMAH. [Only] with regard to Rabbinical terumah.8 THAT HE WAS TAKING A SHARE WITH US AT THE THRESHING FLOOR. But perhaps he was the slave of a priest? — We have learned [this] according to him who says: One does not distribute terumah to a slave unless his master is with him,9 for it has been taught: One does not distribute terumah to a slave unless his master is with him. This is the view of R. Judah. R. Jose says: He can say: 'If I am a priest, give me for my sake, and if I am the slave of a priest, give me for the sake of my master'. In the place of R. Judah they used to raise from terumah to the status of a priest; in the place of R. Jose they would not raise from terumah to the status of a priest.10
It is taught:11 R. Eleazar, the son of R. Jose,12 said: I have never given testimony. Once I gave testimony and they raised a slave to the priesthood through my evidence.13 [You say] they raised! Do you indeed mean to say this? Now. if the Holy One, blessed be He, does not bring a stumbling14 through the animals of the pious men,15 how much less through the pious men themselves?16 — But,17 they wanted to raise a slave to the priesthood through my evidence. He saw it18 in the place of R. Jose,19 and he went and testified in the place of R. Judah.20
THAT THIS PLACE WAS A BETH HA-PERAS Why?21 — Because [the law of] beth ha-peras is Rabbinical, for Rab Judah said in the name of Rab: One blows away [the dust from]22 the beth ha.peras. and goes [there]. Rab Judah b. Ammi said in the name of Rab Judah: A beth ha-peras which has been trodden out is clean. What is the reason?23 It is impossible that a bone [of the size] of a barleycorn was not trodden down by the foot.24
UP TO HERE HE USED TO GO ON SABBATH. He holds that the [Sabbath] limits25 are Rabbinical.
A MAN IS NOT BELIEVED WHEN HE SAYS: THAT MAN HAD A WAY IN THIS PLACE, SO-AND-SO HAD A PLACE OF STANDING UP AND LAMENTATION IN THIS PLACE. What is the reason? Money we do not extract.26
Our Rabbis taught:27 A boy is believed when he says, 'Thus my father told me: this family is clean. this family is unclean. — [You say,] 'clean and unclean'! Do you indeed mean to say this?28 But [say]: 'this family is fit29 and this family is unfit', 'That we have eaten at the Kezazah30 [on the occasion of the marriage] of the daughter of So-and-so to So-and-so', 'that we used to bring hallah and [priestly] gifts31 to the priest So-and-so'. But only through himself,32 and not through someone else. In all these cases, if he was an heathen and he became a proselyte, a slave and he was set free, he is not believed.33 [But] he is not believed when he says 'that man had a way in this place, that man had a place of standing up and lamentation in this place'. R'. Johanan b. Beroka, said. He is believed. To which [clause] does R. Johanan b. Beroka, refer? Shall I say, to the last clause? This is extracting money?34 — But [it refers] to the first clause. In all these cases, if he was a heathen and he became a proselyte, a slave and he was set free, he is not believed. R. Johanan b. Beroka says: He is believed. In what [principle] do they differ? — The first Tanna holds: Since he was a heathen he would not pay special attention to it,35 and R. Johanan b. Beroka, holds: Since he had it in his mind to become a proselyte he would pay special attention to it.
What is KEZAZAH? — The Rabbis taught: In what manner does kezazah take place? If one of the brothers has married a woman who is unworthy of him, the members36 of the family come together, bring a cask full of fruit, break it in the middle of the open place37 and say. Brethren of the house of Israel, hear. Our brother So-and-so has married a woman who is not worthy of him, and we are afraid lest his descendants38 will be united with our descendants. Come and take for yourselves a sign39 for future generations, that his descendants shall not be united with our descendants'. This is kezazah with regard to which a child is believed when he testifies.
- To Next Folio -