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12:3:1

משנה: חָלְצָה וְרָקְקָה אֲבָל לֹא קְרָאתָה חֲלִיצָתָהּ כְּשֵׁירָה. קְרָאתָה וְרָקְקָה אֲבָל לֹא חָלְצָה חֲלִיצָתָהּ פְּסוּלָה. חָלְצָה וּקְרָאתָה אֲבָל לֹא רָקְקָה רִבִּי אֱלִיעֶזֶר אוֹמֵר חֲלִיצָתָהּ פְּסוּלָה רִבִּי עֲקִיבָה אוֹמֵר חֲלִיצָתָהּ כְּשֵׁרָה. אָמַר רִבִּי לִיעֶזֶר כָּכָה יֵעָשֶׂה כָּל דָּבָר שֶׁהוּא מַעֲשֶׂה מְעַכֵּב. אָמַר לוֹ רִבִּי עֲקִיבָה מִשָּׁם רְאָיָה. כָּכָה יֵעָשֶׂה לָאִישׁ כָּל דָּבָר שֶּׁהוּא מַעֲשֶׂה הָאִישׁ.

MISHNAH: If she stripped off and spat but did not recite, the ḥalîṣah is valid88All three actions by the widow, first stripping the shoe from the levir’s foot, second to spit out in front of him, third to recite: “So should be done to the man who would not build his brother’s house” are required in Deut. 25:9.. If she recited and spat but did not strip off, the ḥalîṣah is invalid. If she stripped off and recited but did not spit, Rebbi Eliezer says, the ḥalîṣah is invalid, but Rebbi Aqiba says, the ḥalîṣah is valid.
96This Mishnah explains the positions of Rebbis Eliezer and Aqiba in Mishnah 3. Rebbi Eliezer said, “so it shall be done97Deut. 25:9: “So should be done to the man who would not build his brother’s house”. This is the required recitation by the widow. It is taken out of context for emphasis, so and not otherwise. This is meant to imply that no ḥalîṣah is valid if it is not executed exactly as written.”, anything which is an action is preventing98Preventing the validity of the procedure.. Rebbi Aqiba said to him, is that a proof? “So it shall be done to the man”, any activity of the male [is preventing.]

MISHNAH: If she stripped off and spat but did not recite, the ḥalîṣah is valid88All three actions by the widow, first stripping the shoe from the levir’s foot, second to spit out in front of him, third to recite: “So should be done to the man who would not build his brother’s house” are required in Deut. 25:9.. If she recited and spat but did not strip off, the ḥalîṣah is invalid. If she stripped off and recited but did not spit, Rebbi Eliezer says, the ḥalîṣah is invalid, but Rebbi Aqiba says, the ḥalîṣah is valid.
96This Mishnah explains the positions of Rebbis Eliezer and Aqiba in Mishnah 3. Rebbi Eliezer said, “so it shall be done97Deut. 25:9: “So should be done to the man who would not build his brother’s house”. This is the required recitation by the widow. It is taken out of context for emphasis, so and not otherwise. This is meant to imply that no ḥalîṣah is valid if it is not executed exactly as written.”, anything which is an action is preventing98Preventing the validity of the procedure.. Rebbi Aqiba said to him, is that a proof? “So it shall be done to the man”, any activity of the male [is preventing.]

12:3:2

הלכה: חָלְצָה וְרָקְקָה כול׳. שְׁמוּאֵל אָמַר. חָלְצָה וְלֹא רָקְקָה תָרוֹק. וְאַתְיָא כְּרִבִּי לִיעֶזֶר. רִבִּי הִילָא בְשֵׁם רִבִּי לָעְזָר. חָלְצָה אֲבָל לֹא קְרָאתָה וְלֹא רָקְקָה חֲלִיצָתָהּ פְּסוּלָה. עוֹד הִיא דְּרִבִּי לִיעֶזֶר. דִּבְרֵי חֲכָמִים רִבִּי בָּא בְשֵׁם רַב יְהוּדָה זְרִיקָן מַטֵּי בָהּ בְּשֵׁם רַב. חָלְצָה וְלֹא רָקְקָה רָקְקָה וְלֹא חָלְצָה לֹא עָשָׂה כְּלוּם עַד שֶּׁתַּחֲלוֹץ וְתָרוֹק. רִבִּי בָּא בְּעָא קוֹמֵי רִבִּי אִימִּי. הִקְדִּימָה רְקִיקָה לַחֲלִיצָה. אָמַר לֵיהּ. כְּמִי שֶּׁהֵן עַל סֵדֶר. קִידֵּשׁ בְּגוּפוֹ שֶׁלְּסוֹפִין. אָמַר לֵיהּ. בְּתֵנִיין שֶׁבּוֹ קִידֵּשׁ. מַהוּ לִפְתּוֹחַ חֲלוֹן מִצְרִית לַחֲצַר הַשּׁוּתְפִין לְמַעֲלָה מֵאַרְבַּע אַמּוֹת. אָמַר לֵיהּ. כֵּן אֲנָן אָמְרִין. לִסְתּוֹם אַוֵוירָה בְּעָלְמָא בְאַפּוֹי. אָמַר רִבִּי נָסָא. כֵּן אָמַר. מָאן דְּבָעֵי מֵיעֲבַד בֵּיתָא כְּמִין שׁוֹבָךְ לֹא שָׁמְעִין לֵיהּ.

HALAKHAH: “If she stripped off and spat,” etc. Samuel said, if she stripped but did not spit, she shall spit89The missing action can be performed belatedly; the original ceremony was not legally nonexistent.. This follows Rebbi Eliezer. Rebbi Hila in the name of Rebbi Eleazar: If she stripped but did not recite nor spit, her ḥalîṣah is invalid. Still that is Rebbi Eliezer’s. The words of the Sages? Rebbi Abba in the name of Rav Jehudah, Zeriqan turned to it in the name of Rav: If she stripped but did not spit, or spat but did not strip, she did not do anything90It is legally nonexistent and cannot be fixed belatedly. until she strips and spits. Rebbi Abba asked before Rebbi Immi: If she spat before she stripped? He said, it is as if in the correct order91Anything written in the verse has to be performed but the order in which it is written is not necessarily the order in which the ceremonies have to be performed. In the Babli, 105a, this is a baraita.. If he made a betrothal with a cluster of end-of- harvest [figs]? He said to him, with the figs hanging there he made the betrothal92R. Abba continued to address unrelated questions to R. Immi. The question here is not clear, the translation follows the interpretation of Qorban Ha‘edah. If somebody gave a woman a branch full of figs as betrothal gift (cf. Chapter 1, Note 63), how is the value computed? The betrothal is only valid if the value is at least a peruṭah, 1/64 of a silver denar. R. Immi specifies that only the figs are counted for the value, not the wood.. May one open an Egyptian window93Defined in Mishnah Baba Batra 3:8 as a hole smaller than a man’s head. into a common backyard higher than four cubits94In general, people can object if a neighbor makes a new window that lets him see their activities that earlier he could not observe. This is called “damage by looking”, היזק ראייה; cf. Baba Batra 2:4, Babli Baba Batra 2b. But a window higher than 4 cubits (about 2.2 m) is for air, not for looking.? He said to him, so we are saying: He comes simply for the air. Rebbi Nasa said, that is what he said: If somebody wants to build his house in the form of a dovecot95Where all openings are very high., does one not listen to him?

HALAKHAH: “If she stripped off and spat,” etc. Samuel said, if she stripped but did not spit, she shall spit89The missing action can be performed belatedly; the original ceremony was not legally nonexistent.. This follows Rebbi Eliezer. Rebbi Hila in the name of Rebbi Eleazar: If she stripped but did not recite nor spit, her ḥalîṣah is invalid. Still that is Rebbi Eliezer’s. The words of the Sages? Rebbi Abba in the name of Rav Jehudah, Zeriqan turned to it in the name of Rav: If she stripped but did not spit, or spat but did not strip, she did not do anything90It is legally nonexistent and cannot be fixed belatedly. until she strips and spits. Rebbi Abba asked before Rebbi Immi: If she spat before she stripped? He said, it is as if in the correct order91Anything written in the verse has to be performed but the order in which it is written is not necessarily the order in which the ceremonies have to be performed. In the Babli, 105a, this is a baraita.. If he made a betrothal with a cluster of end-of- harvest [figs]? He said to him, with the figs hanging there he made the betrothal92R. Abba continued to address unrelated questions to R. Immi. The question here is not clear, the translation follows the interpretation of Qorban Ha‘edah. If somebody gave a woman a branch full of figs as betrothal gift (cf. Chapter 1, Note 63), how is the value computed? The betrothal is only valid if the value is at least a peruṭah, 1/64 of a silver denar. R. Immi specifies that only the figs are counted for the value, not the wood.. May one open an Egyptian window93Defined in Mishnah Baba Batra 3:8 as a hole smaller than a man’s head. into a common backyard higher than four cubits94In general, people can object if a neighbor makes a new window that lets him see their activities that earlier he could not observe. This is called “damage by looking”, היזק ראייה; cf. Baba Batra 2:4, Babli Baba Batra 2b. But a window higher than 4 cubits (about 2.2 m) is for air, not for looking.? He said to him, so we are saying: He comes simply for the air. Rebbi Nasa said, that is what he said: If somebody wants to build his house in the form of a dovecot95Where all openings are very high., does one not listen to him?

Texts

  • Hebrew: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY
  • English: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY

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