El Talmud babilónico en la selección

RABBI Simon ben Gamaliel said: There were no better days in Israel then the fifteenth of Ab and the Day of Atonement, for on them the daughters of Jerusalem would go out in white garments that were borrowed, so as not to shame those that had none of their own. All the garments had to be washed first. And the daughters of Jerusalem would go out and dance in the vineyards. And what would they say? Young man, lift up your eyes and see what you would choose for yourself. Do not fix your eyes on grace, but look to the family, for (Proverbs xxxi, 30) Favor is deceitful, and beauty is vain: but a woman that feareth the Lord, she shall be praised.

(Mishna)
FROM CHAPTER IV

WOMEN

[figure]

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WOMEN

NASHIM

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Childless Widows

(Tractate Yebamoth)

IF BRETHREN dwell together, and one of them die, and have no child, the wife of the dead shall not marry without, unto a stranger: her husband's brother shall go in unto her, and take her to him to wife (Deuteronomy xxv, 5) .

And if the man like not to take his brother's wife, then let his brother's wife go up to the gate unto the Elders, and say: My husband's brother refuseth to raise up unto his brother a name in Israel; he will not perform the duty of my husband's brother.

Then the Elders of his city call him, and speak unto him; and if he stand to it, and say: I like not to take her. Then shall his brother's wife come unto him in the presence of the Elders and (perform the Halizah) loose his shoe from off his foot, and spit in his face, and shall answer and say: So shall it be done unto that man that will not build up his brother's house (Deuteronomy xxv, 7-8-9). [These words from the Bible make clear the basis of this tractate.]

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A WOMAN whose husband went to a land beyond the sea, was advised that he had died. She remarried and subsequently her husband returned. She must leave one and the other, and must get a divorce from each one of them. She has no claim on either of them for her marriage settlement, her board, nor her clothes, and if she has taken anything from one and the other, she must return it to them. If a child was born to her by either of them, the child is a bastard. Neither of them will be defiled because of her, and neither one nor the other has any claim on whatever she finds, nor on her handiwork, nor can either of them set aside her vows. If she be the daughter of an Israelite, she is barred from marriage to a priest; if she be a daughter of a Levite, from eating of the tithe; and if a daughter of a priest, from eating of the Heave-offering. The heirs of neither of them may inherit her marriage settlement. If either of the husbands die, their brothers must perform the Halizah, but may not contract levirate marriage.

Rabbi Yosi says: Her dowry is a charge on her first husband's estate.

Rabbi Eleazar says: Her first husband has a right to whatever she may find, or to her handiwork, and may void her vows.

Rabbi Simon says: If the brother of her first husband cohabited with her, or performed the Halizah, her co-wife is exempt from levirate marriage, and a child begotten by her first husband is not a bastard. But if she were married again without the consent of court, she may return to her first husband. If she married

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again with the consent of the court, she must be divorced and she must make the sin offering. It is the authority of the court that makes her exempt from the sin offering. If the court permitted her to remarry but she went out and disgraced herself, she must bring a sin offering; because the court's permission was only to marry.

(Mishna)

"AND must get a divorce from each one of them." It is quite obvious that she must get a divorce from the first husband. But why from the second, which is nothing else but a case of adultery?

Rabbi Huna answers: This is a precaution. It may be said that the first husband had divorced her, and the second had lawfully married her, and a married woman may leave her husband without a writ of divorce. If so, how is the latter clause to be explained, which says: If she was told: Thine spouse is dead, and she was betrothed, and her husband returned, she may return to him. One may say this time too that her first husband divorced her, and that the second married her, and that consequently a married woman may leave her husband without a writ of divorce. In reality she does not need a divorce. If so it may appear that the first husband had married his divorced wife after she was betrothed. This is in accordance with Rabbi Yosi ben Kipper who maintained that the remarrying of one's divorced wife after a marriage is forbidden, but after a betrothal is permissible.

"She has no claim on her marriage settlement." Why did the Rabbis provide a marriage settlement? The

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[paragraph continues] Rabbis provided a marriage settlement so that it wouldn't be easy for a man to divorce his wife. But in this case let it be easy for him to divorce his wife.

(Gemara)
FROM CHAPTER X

THE ceremony of the Halizah must be performed before three judges, even if they be laymen. If the widow performed it with a shoe, it is valid; if with a sock, it is not valid; if with a heeled sandal, it is valid; but if it had no heel, it is not valid; if from below the knee, it is valid; if from above the knee, it is not valid. If she performed the Halizah with a shoe that did not belong to the man, or with a sabot, or with a left shoe that was worn on the right foot, it is valid. With a shoe that was too big, but he could walk in it, or with one that was too small but covered most of his foot, it is valid.

(Mishna)

SAID Raba, in the name of Rabbi Cabana, in the name of Rab: If the. prophet Elijah should appear and say that Halizah may be performed with a shoe, he would be followed, but if he would say Halizah must not be performed with a sandal, he would not be followed, because it has long since been established by the people that Halizah is being performed with a sandal.

"Above the knee." Rabbi Cahana objects (Deuteronomy xxviii, 57) And toward her young one that cometh out from between her feet. Abaya answered: When a woman kneels to give birth she presses her heels against her thighs and thus gives birth. Come and hear: (2 Samuel xix, 24) And had neither dressed his feet nor trimmed his beard. This is a euphemistic phrase. Come

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and hear: (1 Samuel xxiv, 3) And Saul went in to cover his feet. This, too, is a euphemistic phrase. Come and hear: (Judges iii, 24) Surely he covereth his feet in his summer chamber. This is a euphemistic phrase: (Judges v, 27) At her feet, etc. This, too, is a euphemistic phrase.

Rabbi Yohanan said: Seven indulgencies in sexual intercourse had that wicked man, Sisera, the day he fled from Barak and Deborah. For it was said: (Judges v, 27) At her feet he bowed, he fell, he lay down: at her feet he bowed, he fell: where he bowed, there he fell down dead. But surely Jael had pleasure from that sin.

Rabbi Yohanan answered in the name of Rabbi Simon ben Yohai: Every good deed committed by an evil person is evil unto the righteous. As it is said: (Genesis xxxi, 24) Take heed that thou speak not to Jacob either good or bad. Obviously, when it is spoken of evil; but why of good deeds? Because the good deeds of the wicked are evil to the righteous. By all means, because he may mention to him the name of his idol. But what evil could it cause here? He may inoculate her with sensual lust. As Rabbi Yohanan said: When the serpent copulated with Eve, he inoculated her with lust. For the Israelites who stood at Mount Sinai, lust terminated, but the lust of those who did not stand at Mount Sinai was not terminated.

(Gemara)
FROM CHAPTER XII

The Marriage Contract

[figure]

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The Marriage Contract

(Tractate Kethuboth)

A VIRGIN is to be married on the fourth day of the week, and a widow on the fifth day. Because the court is in session in the towns twice a week, on the second and on the fifth days of the week. So if a man questions the virginity of his newly wedded wife, he may bring suit in court the next morning.

The marriage settlement of a virgin is two hundred zuz and of a widow one hundred zuz. A virgin who becomes a widow after betrothal, or a divorcee or an Haluzah, her marriage settlement is two hundred zuz, and if her virginity is questioned, may be taken to court.

An adult who had intercourse with a minor, or a minor who had intercourse with an adult, or one whose hymen was broken by accident, her settlement is two hundred zuz, according to Rabbi Meir. The sages say: If it was due to an accident, her settlement is one hundred. A virgin who becomes a widow after betrothal, a divorcee or an Haluzah, her marriage settlement is one hundred zuz, and the question of her virginity cannot be taken to court.

(Mishna)

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SOMEONE came to Rabban Gamaliel and complained: I have found an "open door". Said the Rabbi: You might have moved it aside. I will give you an illustration: A man walked in the darkness of the night; he came upon a door. If he happened to move it, he found it open; if he did not happen to move it, it was locked.

Someone came to Rabban Gamaliel ben Rabbi and said: Master, I have had intercourse with my newly wedded wife and found no blood. The wife said: Master, I was a virgin. The Rabbi said: Bring me the sheet. When the sheet was brought he took it and soaked it in water and washed it, whereupon he found many drops of blood in the water. Then the Rabbi said to the husband: Go home and be happy with thine lot.

Someone came to Rabban Gamaliel ben Rabbi and said: Master, I have had intercourse with my newly wedded wife, and found no blood. The wife said: Master, I am still a virgin. Said the Rabbi: Bring before me two bondwomen, one a virgin and one that has been with man. They brought him two bondwomen; one a virgin, and one that had been with a man. He made them sit on a keg of wine. The one who had been with a man, the aroma of wine came through her, but the virgin,—the aroma of the wine did not go through her. He then made the wife sit on a keg of wine, and the smell did not go through her. The Rabbi then said to the husband: Go home and be happy with thine lot.

(Gemara)

IF THE woman lost her marriage contract, or hid it, or it was burnt, and if she produce witnesses that any one of the following took place: If they danced before

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her, played before her, if the cup of glad tidings was passed before her, or the sheet of virginity was exhibited: if she can produce proof of any one of these things, her marriage dowry shall be two hundred zuz.

(Baraitha)

THE Rabbis taught: How does one dance before a bride? The House of Shamai says: According to what the bride is like. The House of Hillel argues: You say beautiful, charming bride. The House of Shamai argued with the House of Hillel: Suppose she is deformed or blind, how can one say "beautiful and charming bride"? The Torah has taught us: (Exodus xxiii, 7) Keep thee far from a false matter. The House of Hillel answered to the House of Shamai: As you wish. If one has brought back a bad bargain from the market, should one praise his purchase to his face or deride it?—No doubt one should praise it. Therefore the sages said: A person should always be pleasant to other people. Rabbi Dimi said: In the West they sing thus before a bride; No eye-paint, no rouge and no waving of hair, and still "charming and most beautiful".

When Rabbi Zera was ordained they sang before him: No eye-paint, no rouge and no waving of hair and still "charming and most beautiful".

When Rabbi Ammi and Rabbi Assi were ordained they sang before them as follows: Ordain unto us such as these, such as these, but do not ordain unto us scoundrels and idiots.

When Rabbi Abbahu came from the academy to the palace of the king, maidens of the court came forth before him and sang; Prince of his people, leader of his nation, brilliant light, blessed be thy coming in peace.

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It is said of Rabbi Yehuda bar Elai that he used to take a twig and dance before the bride and say: Beautiful and charming bride. Rabbi Samuel ben Rabbi Isaac would also dance with twigs. Rabbi Zera said: That Graybeard is putting us to shame. When Rabbi Samuel passed away a pillar of fire came between him and the whole world. And it has been known that such a pillar of fire appears only once and at the most twice in a generation. Rabbi Zera said, it was on account of the twig. Others said it was because of his fine character, and some said because of his folly.

Rabbi Aha took the bride on his shoulder and danced. The Rabbis asked him: May we do the same? He answered: If the bride be on your shoulder like a beam, you may; otherwise not.

Rabbi Samuel ben Nahmani said in the name of Rabbi Jonathan: One may gaze upon the face of the bride all the seven days of the wedding festival, so as to make her husband more desirous of her. But the law is not in accord with this.

(Gemara)
FROM CHAPTER I

THE seducer pays three kinds of compensations. The violator, four kinds. The seducer must pay for indignity and blemish, and the legal fine. The violator must add to it compensation for the pain that he caused. What is the difference between a violator and a seducer? The violator causes pain; the seducer does not cause pain. The violator pays the penalty at once; the seducer only if he declines the girl. The violator must drink out of his pot; but the seducer, if he wishes, may decline the girl.

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How does the violator drink out of his pot? He is compelled to marry her even if she be deformed, blind; even if she be afflicted with boils. But if she was found to be immoral, and therefore not fit to marry an Israelite, he does not have to live with her. For it is said: (Deuteronomy xxii, 29) and she shall be his wife. This means a wife that is suitable for him.

What is the compensation for indignity? It is all in accordance with the case of the offender and the offended. And in case of blemish? The girl is considered as if she were a bondwoman that is put up for sale. How much was she worth before, and how much is she worth now?

The fine is the same for all, and whenever there is a sum fixed by the law, it remains the same for all.

(Mishna)
FROM CHAPTER III

THE father exercises authority over his daughter as regards her betrothal, through money, a contract, or intercourse. To him belong all that she may find and all her handiwork, and he may void her vows. He also receives her writ of divorce. But he may not use her property during her lifetime. If she gets married, her husband supersedes the father, because he has the right to her property during her lifetime; but the husband is responsible for her maintenance, her ransom, if she be captured, and for her burial. Rabbi Yehuda said: Even the poorest in Israel will provide not less than two flute players and one wailing woman.

(Mishna)
FROM CHAPTER IV

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THE following are the chores which a woman must perform for her husband: Grind flour, bake, launder, cook, nurse her son, make ready his bed, and work at the wool. If she brought him one bondwoman she need not grind the flour, nor bake, nor launder. If she brought two, she need not cook, nor nurse her son. If she brought three, she need not make his bed, nor work at the wool. If she brought four she may sit in a chair all day long. Rabbi Eleazar said: Even if she brought him a hundred bondswomen, he should compel her to work at the wool, for idleness leads but to unchastity. Rabbi Simon ben Gamaliel said: If a man vowed not to permit his wife to work, he should be made to divorce her, and give her her marriage settlement, for idleness leads to ennui.

If a man vowed not to sleep with his wife, the House of Shamai says: She may agree to two weeks. The House of Hillel says: One week only. Students may go away to the colleges without their wives’ permission for thirty days; laborers may stay away from their wives only one week. The Torah prescribed the marital duties as follows: Men who are unoccupied: every day; laborers, twice a week; ass-drivers, once a week; camel-drivers once in thirty days; sailors, once in three months. These are the words of Rabbi Eliezer.

If a woman does not consent to her husband, he may reduce her marriage allotment by seven denars each week. Rabbi Yehuda says: seven tropaiks. How long may he keep on reducing? Until her whole allotment is used up. Rabbi Yosi says: He may keep it up forever. If, perchance, an inheritance falls to her lot, he may put a claim upon it. If a man does not consent to

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his wife, her allotment is to be increased by seven denars each week. Rabbi Yehuda says: three tropaiks.

IF A man maintains his wife through a third person, he must allot to her not less than two measures of wheat or four measures of barley. He must also give her half a measure of beans and half a loog of oil, a measure of dried figs or a minah of pressed figs. If he cannot provide these he may substitute other fruits in their place. He must also provide her with a bed, and a mattress. If he has no mattress, a mat. He must also give her a cap for her head and a girdle for her loins and shoes at each of the festivals and clothing to the amount of fifty zuz, each year. If he cannot give her new clothes for the summer and old clothes for the rainy season, he must provide clothes to the value of fifty zuz in the rainy season, and she may clothe herself with worn garments in the summer. The used garments remain her property. He must also give her a silver coin for her needs. And she is to dine with him each Sabbath eve. If he does not give her the silver coin for her needs, her handiwork belongs to her. How much must she produce for her husband? In Judea she must weave for him the weight of five selahs; in Galillee ten selahs, but if she is nursing a child, they must reduce the amount of her work and increase her food allowance. This is spoken of the poor, but the rich must provide according to their standing.

(Mishna)

GRINDING of flour. How come you to say a thing like that? You can interpret it: supervise the grinding of flour, but if you will, you can say: grinding with a

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hand mill. The Mishna does not teach in accordance with the views of Rabbi Hiya, for Rabbi Hiya taught: A woman is only for beauty, or only for the sake of the children she will bear. Further Rabbi Hiya taught: A woman is only good for the finery she wears. And Rabbi Hiya also stated: Whosoever wishes his woman to look nice should dress her in linen garments. Whosoever wishes his daughters to have a clear complexion should feed her young chickens and give her milk to drink before she is about to attain her maturity.

OUR Rabbis taught: A child should be nursed twenty-four months. From then on, it is as if it sucked a detestable thing. These are the words of Rabbi Eliezer.

Rabbi Joshua said: The child may nurse even for four or five years, but if it stopped at twenty-four months and then started again, then it should be regarded as if it were sucking a detestable thing.

The Rabbis taught: If a woman agrees to nurse someone's child, she must not nurse her own child or a friend's child at the same time. If she agreed to a small fee, she still must eat plenty, and while she nurses, she must not eat anything that will be injurious to the milk.

A WOMAN that has her marital relations in a mill will have epileptic children; one that has intercourse on the ground will have children with long necks. A woman that steps on the blood of an ass will have scabby children. If she eats mustard, she will have hot tempered children. One who eats cress, will have bleary-eyed children. If she eats fish-soup, she will have children with

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blinking eyes. If she eats earth, she will have ugly children. One who partakes of intoxicating drinks will have dark children. The woman who eats meat and drinks wine will have strong children. If she eats eggs, her children will have big eyes. If she eats fish, her children will be very graceful. One who eats parsley will have beautiful children. One who eats coriander will have stout children. If she eats citrons, her children will have a pleasing scent. The mother of King Shapor's daughter ate citrons during her pregnancy, and the daughter used to be brought before her father as his finest perfume.

STUDENTS may go away to college, etc. For how long a period may they go with the permission of their wives?—For as long as they wish. What should be the usual time? Rab said: One month at college and one month at home. As it was said: (1 Chronicles xxvii, 1) In any matter of the courses which came in and went out month by month throughout all the months of the year.

Rabbi Yohanan said: One month at college and two months at home. As it was said: (1 Kings v, 14) A month they were at Lebanon and two at home.

For laborers, twice a week. Were we not taught, laborers once a week; how is this? Rabbi Hanina answered: There is no contradiction here. One speaks of those who work in the town where they live, while the other speaks of those who work away from their home town.

How often should the scholars perform their duties

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to their wives? Says Rabbi Yehuda in the name of Rabbi Samuel: Every Sabbath eve.

Yehuda the son of Rabbi Hiya and son-in-law of Rabbi Yanai spent all his time at the academy but every Sabbath eve he would go home. When he arrived one could see a pillar of light before him. Once he was so engrossed in his studies that he forgot to go home. When Rabbi Yanai missed the sign he said: Cover his bed, because if Yehuda were alive, he surely would not fail to do his duty towards his wife. This was (Ecclesiastes x, 5) as an error which proceedeth from the ruler, for Yehuda's soul went to its eternal rest.

Rabbi Hanania ben Hakinai went to the academy and remained there twelve years. When he returned, the streets in the town were changed and he could not find his home. He sat himself down beside the river. There he heard someone call: Daughter of Hakinai, daughter of Rabbi Hakinai, fill thy pitcher with water and we will go home. This maiden must belong to us, he thought, and he followed her. When they came to the house, his wife was sitting at the door and sifting flour. When she raised her eyes and saw him, her heart stopped beating and she passed away. Then the husband prayed to the Lord: This poor soul, is that her reward? Have mercy on her. And she came to life again.

Rabbi Akiba was a shepherd in the service of the wealthy Ben Kalba Sabua, and Sabua's daughter saw how noble and modest he was. She fell in love with him. One day she addressed him. If I should get betrothed to you, would you go away and devote your time to study and become a scholar? Most surely, replied Akiba. They were then secretly betrothed and she sent him forth to

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the academy. When her father found out about it, he drove her out of his house and vowed that she would not receive any inheritance from him.

Rabbi Akiba spent twelve years at the academy; when he returned twelve thousand disciples followed him. While he was home he heard an old man say to his wife: How much longer do you choose to remain in living widowhood? However, she retorted: If he would listen to me, he would spend another twelve years in the academy.

Whereupon Rabbi Akiba said: It is, then, with her consent that I may go, and immediately departed to the academy for another twelve years. When he returned this time there were twenty-four thousand disciples who followed him.

When his wife was advised that he was on the way, she went forth to greet him. Her neighbor begged her to borrow some clothes and finery and attire herself in them. But she answered: (Proverbs xii, 10) A righteous man regardeth the life of his beast. When she approached him, she fell upon her face and kissed his feet. His servants wanted to drive her away, but Rabbi Akiba said: Leave her alone. All that is mine and all that is yours belongs to her.

When her father heard that a great man had come to town, he said: I shall go to him, he may release me from my vow. When he came, Rabbi Akiba asked him: Would you have made your vow if you knew that your daughter's husband was a great scholar? Sabua replied: If he but knew one chapter of the Torah or one article of law, I should never have made my vow. Whereupon Rabbi Akiba said: I am the man. Sabua fell upon

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his face and kissed his feet and then bestowed upon him half of his wealth.

The daughter of Rabbi Akiba did the same thing with Ben Azai. This is just as the people say: One sheep follows another, like the mother so is the daughter.

WHEN Rabbi Yehuda, the Prince, was about to die, he asked for his sons. When they appeared before him, he said to them: Be careful to respect your mother. The candles should remain lighted in their place. The table should always be set in its place, and the bed shall always be made up in its place. Joseph of Haifa and Simon of Ephrath who attended to me while I was alive, shall attend to me when I am gone.

Then he asked for the Sages of Israel. When the Sages of Israel arrived, he said to them: Do not mourn over me in the small towns. Reassemble the classes in the academy after thirty days. Simon, my son, is wise. My son, Gamaliel, is Prince, and Hanina ben Hama shall preside over the academy.

Then he asked for his son, Simon. When Simon came in, he instructed him in the orders of wisdom. Then he asked for his elder son, Gamaliel. When Rabbi Gamaliel came, he instructed him in the traditions and conduct of his office. He said to him: My son, conduct your principality with honor and cast bile among the disciples.

On the day that Rabbi Yehuda died, a voice appeared and announced: All those who were present at the death of the Rabbi will be destined for the world to come. A launderer who used to come to the Rabbi every day did not appear that day. When he heard of the voice that

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appeared, he went up to the roof and jumped and was killed. The voice appeared again and announced: This launderer is also destined for the world to come.

The day before the Rabbi died, the Sages proclaimed a public fast and prayers for the life of the Rabbi. They further vowed that whoever would say the Rabbi died, would be killed.

The Rabbi's maid-servant went up to the roof and prayed: The angels want the Rabbi to join them and the mortals want the Rabbi to remain on the earth. May it please the Lord that the mortals be victorious over the angels. But when she saw how many times he had to go to the lavatory and how he suffered at the taking off and putting on of the phylacteries, each time, she prayed: May it please the Lord that the angels be victorious. But as the Rabbis did not stop their prayers for a moment, she took a crock and hurled it to the ground. The Rabbis stopped their prayers, and that moment the soul of Rabbi Yehuda departed.

The Rabbis told Bar Kapra to go in and investigate. When he went in, he found that the Rabbi was dead. He tore his garments and returned to the Rabbis and said: The angels and the mortals have gotten hold of the Holy Ark. The angels overpowered the mortals and the Holy Ark has been captured. Has his soul departed? they asked of him. You said it, he replied; I said nothing.

(Gemara)
FROM CHAPTER V

Adultery

[figure]

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Adultery

(Tractate Sotah)

IF A man be jealous of his wife, he may warn her, according to Rabbi Eliezer, before two witnesses. He may make her drink the bitter water on the evidence of two witnesses, or on his own evidence.

How does he warn her? If he says to her, before two witnesses: Don't talk to so-and-so. But if she spoke to the man, she is still allowed into the home and she may eat of the Heave-offering. If she secretly entered a house with him, and stayed there long enough to be defiled, she is barred from her home, and is barred from eating of the Heave-offering. If her husband should die she performs the rite of Halizah, but does not contract levirate marriage.

The Sotah used to be brought before the high court in Jerusalem and the judges addressed her in the same way as they addressed witnesses in capital cases. They would say to her: Our daughter, wine contributes much to sin; frivolity, much; childishness, much; evil neighbors, much. Behave yourself for the sake of the great

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name that was written in holiness and which will not be obliterated by water. And they say to her things which neither she nor the family of her father's house are worthy of hearing.

If she says: I have been defiled, she forfeits her marriage allotment and is sent away. If she says: I am pure, she is brought to the Eastern gate which is near the gate of Nicanor. There the suspected women drink the bitter water. There the women are cleansed after child birth, and there the lepers are cleansed. A priest gets hold of her garments, if they get torn, they are torn. If they are ripped, let them be ripped, so that her bosom becomes uncovered. He undoes her hair. Rabbi Yehuda says: If she has a beautiful bosom, he does not uncover it. If she has beautiful hair, he does not undo it. If she was dressed in white, he dresses her in black. If she wore ornaments of gold chains and rings in her nose and on her fingers, they are taken away from her to make her look repulsive. Then the priest takes an Egyptian rope and ties it above her breasts. Whoever wants to gaze at her may come and gaze upon her, with the exception of her slaves and bondswomen, because her heart would be hardened by this. All the women are permitted to gaze at her, as was said: (Ezekiel xiii, 48) That all women may be taught not to do after lewdness.

(Mishna)
FROM CHAPTER I

THE Husband takes the meal offering out of the Egyptian basket and puts it in the ministering vessel and into her hand: the priest then puts his hands under hers and waves it. After the waving he takes it to the

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altar and lets a part of it go up in smoke, and the rest is eaten by the priests. He then makes her drink the bitter water and bring her sacrifice.

(Mishna)
FROM CHAPTER I

IF A man warned his wife and she secretly went out, even if he heard of it from a flying bird he may give her her marriage allotment and send her away. Thus says Rabbi Eliezer. Rabbi Joshua, however, says: Not until the women who spin yarn by the moonlight begin to talk about it may he send her away.

(Mishna)

SAMUEL said: A man should rather marry a woman of bad reputation than marry the daughter of a woman who has a bad reputation. For the one comes from pure stock, while the other comes from a tainted stock. Rabbi Yohanan, however, said: A man should rather marry the daughter of a woman of bad reputation, but not the woman of bad reputation, because the one is assumed to be chaste while the other one is not. An objection. Does one marry a woman of bad reputation? The Rabbi answered: It should be interpreted: If a man had married a woman of bad reputation. Rabbi Tahlifa bar Maaraba learned from Rabbi Abahu: The children of a loose woman are legitimate because the majority of the intercourses are ascribed to the husband.

Rab Amram asked. What is the case if she is a very loose woman? If one maintains that a woman conceives only shortly before her period, then no question may be raised, because the husband does not know when this occurs and cannot watch for her. However one that maintains that a woman conceives after her cleansing,

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can raise the question, because he knows when this takes place. Or cannot he tell anyway, since she is a very loose woman? The question remains without a solution.

(Gemara)
FROM CHAPTER VI

Divorces

[figure]

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Divorces

(Tractate Gittin)

ALL documents that have a Cuthean as a witness are invalid, except writs of divorce and bills of emancipation. There was a case of a writ of divorce that was brought before Rabban Gamaliel at Kfar Othnai. The witnesses were Cutheans. He declared it valid. All documents that are executed in the courts of the foreigners, though the witnesses be foreigners, are valid, except the writs of divorce and bills of slave emancipation. Rabbi Simon says: These, too, are valid. They are not to be honored only if they were executed by unauthorized persons.

(Mishna)
FROM CHAPTER I

IF A man sent a writ of divorce to his wife and then overtook the messenger or sent another messenger to him and declared: The writ I gave to thee is void; it becomes void.

Witnesses sign a document as a precaution, for the general good.

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If a man had pledged his slave as security and then set him free, the law declared that the slave is not liable for anything, but as a precaution the new master is compelled to give him a bill of emancipation, and the slave executes a bill of indebtedness for his value. Rabban Gamaliel says: He executes no document whatsoever. The one that set him free is liable. If a man is half slave and half free, he works one day for his master and one day for himself. This is according to the House of Hillel, but the House of Shamai said to them: This is well for the master, but not so for the man. He may not marry a slave, since he is half free, and he can not marry a free woman because he is half slave. Shall he remain unmarried forever? Was not the world made for fruition and increase? As was said: (Isaiah xlv, 18) He created it not in vain, he formed it to be inhabited. For the general good, the master is compelled to set the half slave free, and the man gives him a pledge for a half of his value. The House of Hillel changed their view and taught according to the decision of the House of Shamai.

If a man sold his slave to a foreigner or beyond the borders of the Land of Israel, the slave must be set free.

Captives should not be ransomed for more than their worth, to prevent abuses. For the same reason captives are not aided in their escape. Rabban Simon ben Gamaliel said: This is a precaution for the good of the captives. One does not buy scrolls of the Torah, phylacteries or mezuzoth for more than their value, to prevent abuses.

If a man sent away his wife because of her bad reputation, he may not take her back.

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If a man sent away his wife because she is barren, Rabbi Yehuda says: He may not take her back. But the sages said: He may take her back.

(Mishna)
FROM CHAPTER IV

MANY procedures were laid down as a precaution for the general good. A priest is called to read the Torah first, then a Levite and then an Israelite, for the sake of peace. A pit nearest the water-channel is filled in first, for the sake of peace. The taking of animals from their traps and fish from their nets is considered somewhat like theft, for the sake of peace. Rabbi Yosi says: This is outright theft.

The things found by a deaf-mute or an imbecile, or a minor, are looked upon as belonging to them; and taking them away is somewhat like theft—for the sake of peace. Rabbi Yosi says: This is outright theft. If a poor man shakes the top of an olive tree, what is found beneath it is considered like theft, for the sake of peace. Rabbi Yosi says: Outright theft. One does not prevent the poor of the foreigner from gathering gleanings, the forgotten sheaf, and grain from the corner of fields, for the sake of peace. A woman may lend to her neighbor a sieve, a handmill, or an oven, though the neighbor is suspected of transgressing the Sabbatical year, for the sake of peace.

One may lend a hand in the field to a foreigner in the Sabbatical year, but not to an Israelite.

One extends greetings to a foreigner, all for the sake of peace.

(Mishna)
FROM CHAPTER V

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THREE kinds of writ of divorce are not valid, but, if the woman remarried, the children are legitimate. If a man wrote the writ in his own hand, but there are no witnesses to it; there is no date on it, but there are witnesses; there is a date, but only one witness. Those are the three kinds of writ of divorce that are not valid, but, if the woman remarried, the children are legitimate. Rabbi Eliezer says: Though there are no signatures of witnesses on the writ, but it was given to the woman before two witnesses; it is valid, and she may collect her marriage allotment from mortgaged property, because the witnesses sign only as a precaution.

The House of Shamai says: A man must not divorce his wife unless he has found her unfaithful. As was said: (Deuteronomy xxiv, 1) Because he hath found some uncleanness in her. The House of Hillel says: He may divorce her if she only spoiled a dish for him because it was said: Uncleanness in anything. Rabbi Akiba says: He may divorce her if he found another that is more beautiful than his wife, because it was said: (Deut. xxiv, 1) If it come to pass that she find no favour in his eyes.

(Mishna)

WHEN Rab Papa was confronted with a Persian document that was made in a foreign court, he would call in two foreigners, and without one knowing of the other, let them read the document. If they both agreed as to its contents, he would honor the document and, even, collect money on mortgaged property by such a document.

Rab Yehuda would take pains to read every document submitted to him. But Ula once said to him: You need not go to this trouble, for Rabbi Eliezer, who was

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the Head of the Land of Israel, had the documents read to him, and then he signed them. Rabbi Nachman would let the court scribes read the document to him, and then he would sign.

Rabbi Shaman ben Aba said in the name of Rabbi Yohanan: If a slave escapes from prison, he becomes free, and furthermore his master is compelled to give him a bill of emancipation. But Rab Simon ben Gamaliel taught that he returns to slavery. Rabbi bar Hanah said in the name of Rabbi Yohanan that whenever Rab Simon ben Gamaliel makes a statement in the Mishna, the law is followed according to his decision. There is the story of a woman slave of Mar Samuel that was captured. She was ransomed and was returned to the Rabbi with a message: We are of the opinion of Rabbi Simon ben Gamaliel, but even if you follow the decision of the Rabbis you may take her back, because we ransomed her as a slave. But as he had given up all hope of ever recovering her, he would not take her back as a slave, and she was not even required to get a bill of emancipation.

Rabbi Zera said in the name of Rabbi Hanina, who quoted Rabbi Ashi: The Rabbi said: When a slave marries a free woman in the presence of his master, he becomes free. Rabbi Yohana asked him: Do you know that to be the ruling? I learned that according to Rabbi Meir, if a man write a contract of betrothal for his female slave, she becomes betrothed, and the Sages said that she is not betrothed. The explanation is like the one of Rabbi ben Shila who ruled in an analogous case: When the master puts the phylacteries on him. So is the

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ruling, here. The slave becomes free, as the master himself gives him the wife.

Rabbi Joshua ben Levi said: When a slave puts on phylacteries in the presence of his master, he is free. If the master borrows money from his slave, or appoints him overseer of his estate, or if the slave puts on phylacteries or reads three passages from the Torah, in the house of worship, in the presence of his master, does he become free thereby? No, answered Rabbi ben Shila: only when the master, himself, puts the phylacteries on the slave.

When Rabbi Dime came he quoted Rabbi Yohanan as saying: If a man said; just before he died, My female slave so and so should be set free, his heirs are bound to give her a bill of emancipation.

Rabbi Samuel ben Yehuda quoted Rabbi Yohanan: If a man said at his death bed, my woman slave so and so has been very kind to me, I want some kindness to be done for her, the heirs are bound to do a deed of kindness for her. It is a duty to execute the will of the dead.