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GEMARA: The mishna teaches: With regard to the case of an inciter, this is an ordinary person. The Gemara infers: The reason he is executed by stoning is that he is an ordinary person, but if he is a prophet he is executed by strangulation, not by stoning. The mishna states further: And it is referring to one who incites an ordinary person. The Gemara infers: The reason he is executed by stoning is that he incited an individual, but if he subverted a multitude of people, he is executed by strangulation.

The Gemara asks: If that is so, what do they do with the words in the verse: “And they stoned him with a stone”? These words appear to be superfluous, as even without them we would know that God’s instructions to stone the blasphemer were implemented. What then do they serve to teach? The Gemara answers: That phrase is necessary for that which is taught in a baraita: The verse states: “And they stoned him with a stone.” The word “him” teaches that they stoned him alone, while he was naked, but not while he was in his clothing. The verse uses the singular term “stone [aven]” rather than the plural term stones [avanim] to teach that if the condemned man died after being struck with one stone, the court has fulfilled its obligation.

The mishna teaches that a crier goes out before the condemned man. This indicates that it is only before him, i.e., while he is being led to his execution, that yes, the crier goes out, but from the outset, before the accused is convicted, he does not go out. The Gemara raises a difficulty: But isn’t it taught in a baraita: On Passover Eve they hung the corpse of Jesus the Nazarene after they killed him by way of stoning. And a crier went out before him for forty days, publicly proclaiming: Jesus the Nazarene is going out to be stoned because he practiced sorcery, incited people to idol worship, and led the Jewish people astray. Anyone who knows of a reason to acquit him should come forward and teach it on his behalf. And the court did not find a reason to acquit him, and so they stoned him and hung his corpse on Passover eve.

Alternatively, the phrase “no evil shall befall you” means that you will be frightened neither by bad dreams nor by evil thoughts. “Nor shall any plague come near your tent” means that you will not have a child or student who overcooks his food in public, i.e., sins in public and causes others to sin, such as in the well-known case of Jesus the Nazarene.

§ The mishna states that Gehazi, the attendant of Elisha, has no share in the World-to-Come. The Gemara explains that this is as it is written: And Elisha went to Damascus (see II Kings 8:7). Where did he go, and for what purpose? Rabbi Yoḥanan says: He went to cause Gehazi to repent, but he did not repent. Elisha said to him: Repent. Gehazi said to him: This is the tradition that I received from you: Whoever sins and causes the masses to sin is not given the opportunity to repent.

The Sages taught: Always have the left hand drive sinners away and the right draw them near, so that the sinner will not totally despair of atonement. This is unlike Elisha, who pushed away Gehazi with his two hands and caused him to lose his share in the World-to-Come, and unlike Yehoshua ben Peraḥya, who pushed away Jesus the Nazarene with his two hands.

§ What is the incident involving Yehoshua ben Peraḥya? The Gemara relates: When King Yannai was killing the Sages, Yehoshua ben Peraḥya and Jesus, his student, went to Alexandria of Egypt. When there was peace between King Yannai and the Sages, Shimon ben Shataḥ sent a message to Yehoshua ben Peraḥya: From me, Jerusalem, the holy city, to you, Alexandria of Egypt: My sister, my husband is located among you and I sit desolate. The head of the Sages of Israel is out of the country and Jerusalem requires his return.

Yehoshua ben Peraḥya understood the message, arose, came, and happened to arrive at a certain inn on the way to Jerusalem. They treated him with great honor. Yehoshua ben Peraḥya said: How beautiful is this inn. Jesus, his student, said to him: But my teacher, the eyes of the innkeeper’s wife are narrow [terutot]. Yehoshua ben Peraḥya said to him: Wicked one! Do you involve yourself with regard to that matter, the appearance of a married woman? He produced four hundred shofarot and ostracized him.

Jesus came before Yehoshua ben Peraḥya several times and said to him: Accept our, i.e., my, repentance. Yehoshua ben Peraḥya took no notice of him. One day Yehoshua ben Peraḥya was reciting Shema and Jesus came before him with the same request. Yehoshua ben Peraḥya intended to accept his request, and signaled him with his hand to wait until he completed his prayer. Jesus did not understand the signal and thought: He is driving me away. He went and stood a brick upright to serve as an idol and he bowed to it. Yehoshua ben Peraḥya then said to Jesus: Repent. Jesus said to him: This is the tradition that I received from you: Whoever sins and causes the masses to sin is not given the opportunity to repent. And the Master says: Jesus performed sorcery, incited Jews to engage in idolatry, and led Israel astray. Had Yehoshua ben Peraḥya not caused him to despair of atonement, he would not have taken the path of evil.

From where is it derived that one must allow himself to be killed rather than transgress the prohibition of forbidden sexual relations and the prohibition of bloodshed? This is in accordance with the opinion of Rabbi Yehuda HaNasi. As it is taught in a baraita: Rabbi Yehuda HaNasi says: With regard to the rape of a betrothed young woman it is written: “But you shall do nothing to the young woman; the young woman has committed no sin worthy of death; for as when a man rises against his neighbor, and slays him, so too with this matter” (Deuteronomy 22:26). But why would the verse mention murder in this context? But what do we learn here from a murderer?

And conversely, the Torah juxtaposes a betrothed young woman to a murderer to indicate that just as with regard to a potential murderer, the halakha is that if one was ordered to murder another, he must be killed and not transgress the prohibition of bloodshed, so too, with regard to a betrothed young woman, if she is faced with rape, she must be killed and not transgress the prohibition of forbidden sexual relations.

The Gemara asks: From where do we derive this halakha with regard to a murderer himself, that one must allow himself to be killed rather than commit murder? The Gemara answers: It is based on logical reasoning that one life is not preferable to another, and therefore there is no need for a verse to teach this halakha. The Gemara relates an incident to demonstrate this: As when a certain person came before Rabba and said to him: The lord of my place, a local official, said to me: Go kill so-and-so, and if not I will kill you, what shall I do? Rabba said to him: It is preferable that he should kill you and you should not kill. Who is to say that your blood is redder than his, that your life is worth more than the one he wants you to kill? Perhaps that man’s blood is redder. This logical reasoning is the basis for the halakha that one may not save his own life by killing another.

§ When Rav Dimi came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: The Sages taught that one is permitted to transgress prohibitions in the face of mortal danger only when it is not a time of religious persecution. But in a time of religious persecution, when the gentile authorities are trying to force Jews to violate their religion, even if they issued a decree about a minor mitzva, one must be killed and not transgress.

When Ravin came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: Even when it is not a time of religious persecution, the Sages said that one is permitted to transgress a prohibition in the face of mortal danger only when he was ordered to do so in private. But if he was ordered to commit a transgression in public, even if they threaten him with death if he does not transgress a minor mitzva, he must be killed and not transgress.

The Gemara asks: What is a minor mitzva for this purpose? Rava bar Yitzḥak says that Rav says:

Even to change the strap of a sandal. There was a Jewish custom with regard to sandal straps. If the gentile authorities were to decree that Jews must change their practice and wear sandal straps like those worn by the gentiles, one would be obligated to give up his life rather than veer from the accepted custom.

The Gemara answers: Come and hear an answer from what Rav Yannai, the brother of Rabbi Ḥiyya bar Abba, teaches in a baraita: This is derived by means of a verbal analogy between the word “among” written with regard to the sanctification of God’s name, and the word “among” written with regard to Korah and his assembly. Here, with regard to the sanctification of God’s name, it is written: “And I shall be sanctified among the children of Israel,” and there, with regard to Korah, it is written: “Separate yourselves from among this congregation” (Numbers 16:21). The meaning of the word “congregation” written with regard to Korah is derived by means of a verbal analogy to the word “congregation” written with regard to the spies sent out by Moses to scout the land: “How long shall I bear with this evil congregation” (Numbers 14:27). Just as there, the congregation of spies numbered ten, and all were Jews, so too here, concerning the sanctification of God, there must be ten, all of them being Jews.

Rava said: With regard to that which the Sages said, that a gentile has no patrilineage, do not say that it is because they are so steeped in licentiousness that they do not know the identity of their fathers with certainty, but if that identity is known, we are concerned that the paternity is recognized, with regard to the prohibition of intercourse with forbidden paternal relatives and other halakhic issues. Rather, even when it is known, we are still not concerned.

§ Rav Ḥisda says: A Canaanite slave is permitted to marry his mother, and he is permitted to marry his daughter. This is because he has left the category of a gentile by immersing in a ritual bath for the purpose of becoming a slave to a Jew, and consequently all his previous family relationships are disregarded according to halakha; but he has not entered the category of a Jew, as evidenced by the fact that he is not obligated to observe all of the mitzvot of male Jews. Therefore, the decree of the Sages prohibiting the maternal relatives of converts does not apply to him.

Rabbi Elazar says that Rabbi Ḥanina says: A descendant of Noah who engages in intercourse with his wife in an atypical manner, i.e., anal intercourse, is liable for engaging in forbidden sexual intercourse, as it is stated: “And shall cleave to his wife” (Genesis 2:24), an expression that indicates natural intercourse, but not intercourse in an atypical manner.

Rava says: Is there any action for which a Jew is not deemed liable, but a gentile is deemed liable for performing it? A Jew is not liable for engaging in anal intercourse with his wife.

Rather, Rava says that the verse is to be understood as follows: A descendant of Noah who engages in intercourse with the wife of another man in an atypical manner is exempt. What is the reason? The verse states: “And shall cleave to his wife,” but not to the wife of another. With regard to this prohibition, the verse states: “And shall cleave,” indicating vaginal intercourse, and not intercourse in an atypical manner.

Rabbi Ḥanina says: A gentile who struck a Jew is liable to receive the death penalty, as it is stated when Moses saw an Egyptian striking a Hebrew: “And he turned this way and that way, and when he saw that there was no man, he struck the Egyptian and hid him in the sand” (Exodus 2:12).

And Rabbi Ḥanina says: One who slaps the cheek of a Jew is considered as though he slapped the cheek of the Divine Presence; as it is stated: “It is a snare [mokesh] for a man to rashly say [yala]: Holy” (Proverbs 20:25). The verse is interpreted homiletically to mean: One who strikes [nokesh] a Jew is considered as though he hurt the cheek [lo’a] of the Holy One.

And Reish Lakish says: A gentile who observed Shabbat is liable to receive the death penalty, as it is stated: “And day and night shall not cease” (Genesis 8:23), which literally means: And day and night they shall not rest. This is interpreted homiletically to mean that the descendants of Noah may not take a day of rest. And the Master said (57a) that their prohibition is their death penalty, i.e., the punishment for any prohibition with regard to descendants of Noah is execution. Ravina says: If a descendant of Noah observes a day of rest on any day of the week, even one not set aside for religious worship, e.g., on a Monday, he is liable.

The Gemara challenges this: But let the tannacount this prohibition among the seven Noahide mitzvot. The Gemara explains: When the tannacounts the seven mitzvot, he counts only those that require one to sit and refrain from action, i.e., those that include a prohibition against performing a certain action. He does not count mitzvot that require one to arise and take action.

And Rabbi Yoḥanan says: A gentile who engages in Torah study is liable to receive the death penalty; as it is stated: “Moses commanded us a law [torah], an inheritance of the congregation of Jacob” (Deuteronomy 33:4), indicating that it is an inheritance for us, and not for them.

The Gemara challenges: But if so, let the tannacount this prohibition among the seven Noahide mitzvot. The Gemara explains: According to the one who says that the verse is referring to the Torah as an inheritance, this prohibition is included in the prohibition of robbery, as a gentile who studies Torah robs the Jewish people of it. According to the one who says that the verse is referring to the Torah as betrothed, as the spelling of the Hebrew word for betrothed [me’orasa], is similar to that of the word for inheritance [morasha], the punishment of a gentile who studies Torah is like that of one who engages in intercourse with a betrothed young woman, which is execution by stoning.

The Gemara raises an objection to Rabbi Yoḥanan’s statement from a baraita: Rabbi Meir would say: From where is it derived that even a gentile who engages in Torah study is considered like a High Priest? It is derived from that which is stated: “You shall therefore keep My statutes and My ordinances, which if a man does he shall live by them” (Leviticus 18:5). The phrase: Which if priests, Levites, and Israelites do they shall live by them, is not stated, but rather: “A man,” which indicates mankind in general. You have therefore learned that even a gentile who engages in Torah study is considered like a High Priest.

The Gemara answers: There, in the baraita, the reference is to a gentile who engages in the study of their seven mitzvot. It is a mitzva for a gentile to study the halakhot that pertain to the seven Noahide mitzvot, and when he does so he is highly regarded.

§ The baraita that lists the Noahide mitzvot (56a) teaches that Rabbi Ḥanina ben Gamliel says: The descendants of Noah are also commanded concerning the prohibition against consuming the blood from a living animal. The Sages taught in a baraita: With regard to the verse: “Only flesh with its life, which is its blood, you shall not eat” (Genesis 9:4), this is the prohibition against eating a limb from a living animal. Rabbi Ḥanina ben Gamliel says: The blood from a living animal is also prohibited in this verse.

The Gemara asks: What is the reasoning behind the opinion of Rabbi Ḥanina ben Gamliel? The Gemara answers: He reads into the verse: Flesh with its life you shall not eat; blood with its life you shall not eat. The Gemara asks: And how do the Rabbis explain the mention of blood in this verse? After all, in their opinion, blood from a living animal is not forbidden. The Gemara answers: That comes to permit eating limbs from living creeping animals. The verse indicates that the prohibition does not apply to creeping animals, whose blood is not considered separate from their flesh (see 59b).

The Gemara asks: What is the reasoning behind the opinion of Rabbi Ḥanina ben Gamliel? The Gemara answers: He reads into the verse: Flesh with its life you shall not eat; blood with its life you shall not eat. The Gemara asks: And how do the Rabbis explain the mention of blood in this verse? After all, in their opinion, blood from a living animal is not forbidden. The Gemara answers: That comes to permit eating limbs from living creeping animals. The verse indicates that the prohibition does not apply to creeping animals, whose blood is not considered separate from their flesh (see 59b).

The Gemara asks: But isn’t stealing less than the value of one peruta prohibited to a gentile and permitted to a Jew? The Gemara answers: There it is because gentiles are not apt to grant forgiveness of debts, even of less than the value of one peruta. Therefore, for a gentile to take even such a minuscule amount is considered robbery. Jews normally forgive such small amounts.

The bold-faced, R. Eliezer said, is the bastard; the son of a niddah, said R. Joshua; R. ‘Aḳiba said: Both a bastard and the son of a niddah. The elders were once sitting in the gate when two young lads passed by; one covered his head and the other uncovered his head. Of him who uncovered his head R. Eliezer remarked that he is a bastard; R. Joshua remarked that he is the son of a niddah; R. ‘Aḳiba said that he is both a bastard and the son of a niddah. They said to R. ‘Aḳiba, ‘How did your heart induce you to contradict the opinion of your colleagues?’ He replied, ‘I will prove it concerning him’. He went to the lad’s mother and found her sitting in the market selling beans. He said to her, ‘My daughter, if you will answer the question which I will put to you, I will bring you to the World to Come’. She said to him, ‘Swear it to me’. R. ‘Aḳiba, taking the oath with his lips but annulling it in his heart, said to her, ‘What is the status of your son?’ She replied, ‘When I entered the bridal chamber I was niddah and my husband kept away from me; but my best man had intercourse with me and this son was born to me’. Consequently the child was both a bastard and the son of a niddah. It was declared, ‘R. ‘Aḳiba showed himself a great man when he contradicted his teachers’. At the same time they added, ‘Blessed be the God of Israel, Who revealed His secret to R. ‘Aḳiba b. Joseph’.

§ A dilemma was raised before the Sages: When the mishna teaches that it is prohibited to conduct business with gentiles on the three days before their festival, do the three days include them, i.e., the days preceding the festival and their festival itself, in which case the prohibition applies only to the festival and the two preceding days? Or perhaps it is referring to them without their festival, i.e., the prohibition applies to three full days before the festival.

The Gemara suggests a proof from a mishna (7b). Come and hear, as Rabbi Yishmael says: On the three days before the festivals of gentiles and the three days after them, these actions are prohibited. The Gemara analyzes this statement. If it enters your mind that the three days include them and their festival, this would mean that Rabbi Yishmael counts the day of their festival twice, as he counts it initially, as part of the first set of three days, and he also counts it at the end, along with the second set of three days. Clearly, the three days do not include the day of the festival itself.

The Gemara suggests: Come and hear a proof from that which Rav Taḥlifa bar Avdimi says that Shmuel says: According to the statement of Rabbi Yishmael, it is always prohibited to engage in business with Christians, as their festival takes place every Sunday. Since the three days preceding and following their festival are included in the prohibition, one cannot engage in business with them any day of the week. And if it enters your mind that the three days of the mishna include them and their festival, i.e., only the two days preceding and following the festival are included in the prohibition, then according to Rabbi Yishmael there are still Wednesday and Thursday, on which it is permitted to engage in business with Christians.

Ravina says: Come and hear a proof from the continuation of the mishna (8a). And these are the festivals of gentiles: Kalenda, Saturnalia, and Kratesis. And Rav Ḥanin bar Rava says in explanation of that mishna: When do these festivals occur? Kalenda is held during the eight days after the winter solstice, and Saturnalia is held during the eight days before the winter solstice. And your mnemonic to remember which festival is which is that the festival that occurs after the solstice is mentioned first and the festival that takes place before it is mentioned later, as in the verse: “You have hemmed me in behind and before” (Psalms 139:5), where the word “before” appears after the term “behind.”

MISHNA:One may not rent a house to a gentile in Eretz Yisrael, and needless to say one may not rent fields to them, as explained in the Gemara. And in Syria

one may rent houses to gentiles, but one may not rent fields. And outside of Eretz Yisrael one may sell houses and rent fields to gentiles; this is the statement of Rabbi Meir. Rabbi Yosei says: In Eretz Yisrael one may rent houses to gentiles but one may not rent fields. And in Syria one may sell houses to them and rent fields, and outside of Eretz Yisrael one may sell both these, houses, and those, fields.

Even in a place with regard to which the Sages said that it is permitted for a Jew to rent a house to a gentile, they did not say that one may rent it for use as a residence, because the gentile will bring objects of idol worship into it, as it is stated: “You shall not bring an abomination into your house” (Deuteronomy 7:26), and this is still considered the house of a Jew. And for the same reason, in every place, one may not rent a bathhouse to a gentile, since it is called by the name of the owner, and onlookers will think that the Jew is operating it on Shabbat.

Therefore, concerning a field, which has two problems, as one releases the land from the mitzva of separating tithes and aids gentiles in acquiring land in Eretz Yisrael, the Sages issued a decree as a preventative measure, prohibiting the renting of fields just as in Eretz Yisrael. But concerning houses, which do not have two problems, the Sages did not issue such a decree.

The Gemara challenges: But let us be concerned that perhaps this Jew will go and sell to one gentile, and the other owners of the adjacent houses will go and sell to two other gentiles, resulting in a gentile settlement. Abaye said: We are commanded about placing a stumbling block before the blind (see Leviticus 19:14), but we are not commanded about placing a stumbling block before someone who may place it before the blind. In other words, this prohibition applies only when one causes another to sin by his direct action, not in a situation such as this, where the prohibition is two stages removed from the Jew’s action.

The Gemara asks: If that is so, why does Rabbi Shimon ben Elazar state specifically that the reason for the prohibition is because the field is called by the name of the owner? Let him derive this halakhadue to the fact that the Samaritan, like a Jew, is commanded to refrain from labor during the intermediate days of the Festival, and since he will work on these days, renting him a field is included in the prohibition: “You shall not put a stumbling block before the blind” (Leviticus 19:14). The Gemara answers: Rabbi Shimon ben Elazar states one reason and adds another: One reason is that of the prohibition: You shall not put a stumbling block before the blind; and, furthermore, it is prohibited because the field is called by the name of the owner.

And Rav Hamnuna said: One who sees multitudes of Israel, six hundred thousand Jews, recites: Blessed…Who knows all secrets. One who sees multitudes of gentiles recites: “Your mother shall be sore ashamed, she that bore you shall be confounded; behold, the hindermost of the nations shall be a wilderness, a dry land, and a desert” (Jeremiah 50:12).

As for the connection between divine and earthly royalty, the Gemara cites another story: Rabbi Sheila ordered that a man who had relations with a gentile woman be flogged. That man went to inform the king and said: There is one man among the Jews who renders judgment without the king’s authority [harmana]. The king sent a messenger [peristaka] for Rabbi Sheila to bring him to trial. When Rabbi Sheila came, they said to him: Why did you order flogging for this man? He said to them: Because he had relations with a female donkey. According to Persian law this was an extremely heinous crime, so they said to him: Do you have witnesses that he did so? He replied: Yes, and Elijah the prophet came and appeared as a person and testified. They said to Rabbi Sheila: If so, he is liable for the death penalty; why did you not sentence him to death? He replied: Since the day we were exiled from our land we do not have the authority to execute, but you, do with him as you wish.

As they considered the sentence, Rabbi Sheila praised God for saving him from danger: “Yours, O Lord, is the greatness, power, glory, triumph, and majesty; for all that is in heaven and on earth is Yours; Yours is the kingdom, O Lord, and You are exalted as head above all” (I Chronicles 29:11). They asked him: What did you say? He told them: This is what I said: Blessed is Merciful One who grants kingdom on earth that is a microcosm of the kingdom in heaven, and granted you dominion and love of justice. They said to him: Indeed, the honor of royalty is so dear to you. They gave him a staff to symbolize his license to sit in judgment and said to him: Judge.

As he was leaving, that man said to Rabbi Sheila: Does God perform such miracles for liars? He replied: Scoundrel! Aren’t gentiles called donkeys? As it is written: “Whose flesh is as the flesh of donkeys” (Ezekiel 23:20). Rabbi Sheila saw that he was going to tell the Persian authorities that he called them donkeys. He said: This man has the legal status of a pursuer. He seeks to have me killed. And the Torah said: If one comes to kill you, kill him first. He struck him with the staff and killed him.

Rabbi Sheila said: Since a miracle was performed on my behalf with this verse that I cited, I will interpret it homiletically: Yours, O Lord, is the greatness; that is the act of creation, and so it says: “Who does great things past finding out” (Job 9:10); And the power; that is the exodus from Egypt, as it is stated: “And Israel saw the great work which the Lord did to the Egyptians” (Exodus 14:31);And the glory; that is the sun and the moon that stood still for Joshua, as it is stated: “And the sun stood still, and the moon stayed, until the nation had avenged themselves of their enemies” (Joshua 10:13);And the triumph; that is the downfall of Rome, and so it says describing the downfall of Edom, whom the Sages identified as the forefather of Rome: “Their lifeblood is dashed against My garments and I have stained all My raiment” (Isaiah 63:3);And the majesty; this is the war of the valleys of Arnon, as it is stated: “Wherefore it is said in the book of the Wars of the Lord: Vahev in Sufa, and the valleys of Arnon” (Numbers 21:14);For all that is in the heaven and in the earth is Yours; this is the war of Sisera, as it is stated: “They fought from heaven, the stars in their courses fought against Sisera” (Judges 5:20).Yours is the kingdom, O Lord; this is the war of Amalek, and so it says: “And he said: The hand upon the throne of the Lord: the Lord will have war with Amalek from generation to generation” (Exodus 17:16), as then God will sit on His throne.And you are exalted; this is the war of Gog and Magog, and so it says: “I am against you, O Gog, the chief prince of Meshekh and Tubal” (Ezekiel 38:3); and:As head above all; Rav Ḥanan bar Rava said that Rabbi Yoḥanan said: All leadership and authority, even the most insignificant, the one responsible for distributing water, is appointed by heaven.

It was taught in a baraita in the name of Rabbi Akiva:Yours, O Lord, is the greatness; this is the splitting of the Red Sea;the power; this is the plague of the firstborn;the glory; this is the giving of the Torah;the triumph; this is Jerusalem; and the majesty; this is the Temple.

The Sages taught: One who sees the houses of Israel inhabited and tranquil recites: Blessed…Who establishes the border of the widow. One who sees them in ruins he recites: Blessed…the true Judge. One who sees the houses of the nations of the world inhabited recites: “The Lord will destroy the house of the proud, but He will establish the border of the widow” (Proverbs 15:25). And if he sees them in ruins he recites: “God of vengeance, Lord, God of vengeance, shine forth” (Psalms 94:1).

The Sages taught in a baraita: One who sees graves of Israel recites:Blessed…Who formed you in judgment,and Who nourished you in judgment,and Who sustained you in judgment,and collected your soul in judgment,and in the future will raise you from the dead in judgment.And Mar, son of Ravina, concludes the formula of this blessing in the name of Rav Naḥman:And Who knows the number of you all,and Who in the future will restore you to life and sustain you.Blessed…Who revives the dead.One who sees graves of gentiles recites: “Your mother shall be sore ashamed, she who bore you shall be confounded; behold, the hindermost of the nations shall be a wilderness, a dry land, and a desert” (Jeremiah 50:12).

§ The Gemara relates: Rabba sold a certain donkey to a Jew who was suspected of selling large livestock to a gentile. Abaye said to Rabba: What is the reason that the Master acted in this manner? Rabba said to him: I sold the donkey to a Jew. Abaye said to him: But he will go and sell it to a gentile. Rabba responded: Is the only possibility that he will sell to a gentile, and he will not sell it to a Jew? Since there is no reason to assume that he will sell specifically to a gentile rather than to a Jew, there is no problem in selling to him.

Abaye raised an objection to Rabba’s opinion from a baraita: In a place where the people were accustomed to sell small livestock to Samaritans, one may sell the animals to them; in a place where the people were not accustomed to sell them one may not sell the animals to them. What is the reason that the sale of small livestock to Samaritans is prohibited? If we say that it is because Samaritans are suspected of engaging in bestiality, are they suspected of this practice? But isn’t it taught in a baraita: One may not keep an animal in the inns of gentiles. Male animals may not be placed with men, as they are suspected of engaging in bestiality, and female animals may not be left with women, despite the fact that there is no concern that they may engage in bestiality. And needless to say, it is prohibited to leave female animals with men, and male animals with women.

The baraita continues: And one may not entrust an animal to a gentile shepherd, and one may not seclude oneself with gentiles, due to the danger that this entails. And one may not entrust a child to them to teach him how to read books or to teach him a craft. But one may keep an animal in the inns of Samaritans, as they are not suspected of violating a Torah prohibition and engaging in bestiality. Male animals may be placed with women and female animals may be left with men, and needless to say, it is permitted to leave male animals with men and female animals with women.

The baraita concludes: And one may entrust an animal to a Samaritan shepherd, and one may seclude oneself with Samaritans, and one may entrust a child to them to teach him how to read books and to teach him a craft. The Gemara infers from the baraita: Evidently, Samaritans are not suspected of engaging in bestiality, yet livestock may not be sold to them, as they are suspected of selling it to gentiles.

And furthermore, it is taught in a baraita: One may not sell weapons to gentiles or the auxiliary equipment of weapons, and one may not sharpen weapons for them. And one may not sell them stocks used for fastening the feet of prisoners, or iron neck chains [kolarin], or foot chains, or iron chains. This prohibition applies equally to both a gentile and a Samaritan.

Abaye analyzes this baraita: What is the reason for the prohibition against selling these items to Samaritans? If we say that they are suspected of bloodshed, that is difficult: But are they suspected of this? Didn’t you say that one may seclude oneself with them, which indicates that they are not suspected of bloodshed? Rather, it is prohibited to sell these items to Samaritans because they will come to sell them to a gentile. According to this reasoning, it should likewise be prohibited to sell a donkey to a Jew who is suspected of selling animals to gentiles.

If it were possible to avoid selling produce to gentiles without incurring their animosity, indeed it would be prohibited to sell them. Since limiting sales to gentiles to such an extent would cause great harm, it is only prohibited to sell them shields.

So your mother will be utterly shamed,She who bore you will be disgraced.Behold the end of the nations—Wilderness, desert, and steppe!

Because of GOD’s wrath she shall not be inhabited;She shall be utterly desolate.Whoever passes by Babylon will be appalledAnd will hiss at all her wounds.

Range yourselves round about Babylon,All you who draw the bow;Shoot at her, don’t spare arrows,For she has sinned against GOD.

The rebellious Jews who have sinned with their bodies and also the rebellious people of the nations of the world who have sinned with their bodies descend to Gehenna and are judged there for twelve months. After twelve months, their bodies are consumed, their souls are burned, and a wind scatters them under the soles of the feet of the righteous, as it is stated: “And you shall tread down the wicked; for they shall be ashes under the soles of your feet” (Malachi 3:21).

But the heretics; and the informers; and the apostates [apikorsim]; and those who denied the Torah; and those who denied the resurrection of the dead; and those who separated from the ways of the Jewish community and refused to share the suffering; and those who cast their fear over the land of the living; and those who sinned and caused the masses to sin, for example, Jeroboam, son of Nebat, and his company; all of these people descend to Gehenna and are judged there for generations and generations, as it is stated: “And they shall go forth, and look upon the carcasses of the men that have rebelled against Me; for their worm shall not die; neither shall their fire be quenched; and they shall be an abhorrence to all flesh” (Isaiah 66:24).

The Gemara asks: The rebellious Jews who have sinned with their bodies, who are they? Rav said: This is referring to the skull that did not ever don phylacteries. The Gemara asks further: The rebellious ones of the nations of the world who sin with their bodies, who are they? Rav said: They are those who engage in the sin, i.e., forbidden sexual relations.

And those who cast their fear over the land of the living, who are they? Rav Ḥisda said: This is referring to a communal leader [parnas] who casts excessive fear on the community not for the sake of Heaven. Rav Yehuda said that Rav said: Any community leader who casts excessive fear on the community not for the sake of Heaven will be punished and not see any Torah scholar among his sons, as it is stated: “Men do therefore fear him; he sees not any who are wise of heart” (Job 37:24). One who brings others to fear him will not merit having wise-hearted people in his family.

And Rabbi Yitzḥak said: A person’s sentence is torn up on account of four types of actions. These are: Giving charity, crying out in prayer, a change of one’s name, and a change of one’s deeds for the better. An allusion may be found in Scripture for all of them: Giving charity, as it is written: “And charity delivers from death” (Proverbs 10:2); crying out in prayer, as it is written: “Then they cry to the Lord in their trouble, and He brings them out of their distresses” (Psalms 107:28); a change of one’s name, as it is written: “As for Sarai your wife, you shall not call her name Sarai, but Sarah shall her name be” (Genesis 17:15), and it is written there: “And I will bless her, and I will also give you a son from her” (Genesis 17:16); a change of one’s deeds for the better, as it is written: “And God saw their deeds” (Jonah 3:10), and it is written there: “And God repented of the evil, which He had said He would do to them, and He did not do it” (Jonah 3:10).

And some say: Also, a change of one’s place of residence cancels an evil judgment, as it is written: “And the Lord said to Abram: Go you out of your county” (Genesis 12:1), and afterward it is written: “And I will make of you a great nation” (Genesis 12: 2). The Gemara explains: And the other one, i.e., Rabbi Yitzḥak, who does not include a change of residence in his list, holds that in the case of Abram, it was the merit and sanctity of Eretz Yisrael that helped him become the father of a great nation.

But the heretics; and the informers; and the apostates [apikorsim]; and those who denied the Torah; and those who denied the resurrection of the dead; and those who separated from the ways of the Jewish community and refused to share the suffering; and those who cast their fear over the land of the living; and those who sinned and caused the masses to sin, for example, Jeroboam, son of Nebat, and his company; all of these people descend to Gehenna and are judged there for generations and generations, as it is stated: “And they shall go forth, and look upon the carcasses of the men that have rebelled against Me; for their worm shall not die; neither shall their fire be quenched; and they shall be an abhorrence to all flesh” (Isaiah 66:24).

Gehenna will terminate, but they still will not terminate, as it is stated: “And their form shall wear away the netherworld, so that there be no dwelling for Him” (Psalms 49:15); that is to say, Gehenna itself will be worn away before their punishment has come to an end. And why are they punished so severely? Because they stretched out their hands against God’s dwelling, the Temple, and everything else that is sanctified, as it is stated: “So that there be no dwelling [zevul] for Him.” Dwelling [zevul] is referring here only to the Temple, as it is stated: “I have built You a house for dwelling [zevul] in” (I Kings 8:13). And about them Hannah said: “The adversaries of the Lord shall be broken in pieces” (I Samuel 2:10).

The Gemara raises an objection from the following baraita: The Jewish people are more dear to the Holy One, Blessed be He, than the ministering angels, as the Jewish people may recite a song of praise to God at any time, but ministering angels recite a song of praise only one time per day. And some say that the ministering angels recite a song of praise one time per week. And some say that they recite a song of praise one time per month. And some say that they recite a song of praise one time per year. And some say that they recite a song of praise one time in every seven years. And some say that they recite a song of praise one time per Jubilee. And some say that they recite a song of praise one time in the entire history of the world.

He brought him to another synagogue, until he had brought him into thirteen synagogues, where all the children recited to him similar verses that speak of the hopeless situation of the wicked. At the last one, he said to him: Recite your verse to me. He recited to him: “And to the wicked [velerasha] God says, what is it for you to declare My statutes” (Psalms 50:16). The Gemara relates: That child had a stutter, so it sounded as though he were saying to him: Vele’elisha, i.e., and to Elisha, God says. This made Elisha think the child was deliberately insulting him. Some sayAḥerhad a knife, and he tore the child apart and sent him to the thirteen synagogues. And others say that Aḥer merely said: Had I a knife, I would have torn him apart.

The Gemara relates: WhenAḥerpassed away, the Heavenly Court declared that he should not be judged, nor brought into the World-to-Come. He should not be judged in a manner befitting his deeds, because he occupied himself with Torah, whose merit protects him. And he should not be brought into the World-to-Come because he sinned. Rabbi Meir said: It is better that he be judged properly and be brought into the World-to-Come. When I die I will request this of Heaven, and I will cause smoke to rise up from his grave, as a sign that he is being sentenced in Gehenna. The Gemara relates: When Rabbi Meir passed away, smoke rose up from the grave of Aḥer, implying that Rabbi Meir’s wish was granted.

The Gemara poses a question: And Rabbi Meir, how could he learn Torah from the mouth of Aḥer? But didn’t Rabba bar bar Ḥana say that Rabbi Yoḥanan said: What is the meaning of that which is written: “For the priest’s lips should keep knowledge, and they should seek Torah from his mouth; for he is an angel of the Lord of hosts” (Malachi 2:7)? The verse teaches: If the rabbi is similar to an angel of the Lord of hosts, perfect in his ways, they should seek Torah from his mouth; but if not, they should not seek Torah from his mouth.

When Rav Dimi came from Eretz Yisrael to Babylonia, he said: In the West, Eretz Yisrael, they say: Rabbi Meir ate a half-ripe date and threw the peel away. In other words, he was able to extract the important content from the inedible shell. Rava taught: What is the meaning of that which is written: “I went down into the garden of nuts, to look at the green plants of the valley” (Song of Songs 6:11)? Why are Torah scholars compared to nuts? To tell you: Just as this nut, despite being soiled with mud and excrement, its content is not made repulsive, as only its shell is soiled; so too a Torah scholar, although he has sinned, his Torah is not made repulsive.

The Gemara relates: Rabba bar Sheila found Elijah the prophet, who had appeared to him. He said to Elijah: What is the Holy One, Blessed be He, doing? Elijah said to him: He is stating halakhot transmitted by all of the Sages, but in the name of Rabbi Meir He will not speak. He said to him: Why? He replied: Because he learned halakhot from the mouth of Aḥer. He said to him: Why should he be judged unfavorably for that? Rabbi Meir found a pomegranate and ate its contents while throwing away its peel. He said to him: Indeed, your defense has been heard above. Now God is saying: My son, Meir, says: When a person suffers, e.g., by receiving lashes or the death penalty at the hands of the court, how does the Divine Presence express itself? Woe is Me from My head, woe is Me from My arm, as God empathizes with the sufferer. If the Holy One, Blessed be He, suffers to such an extent over the blood of the wicked, how much more so does He suffer over the blood of the righteous that is spilled.

The Gemara explains: Aḥer, what was his failing? Greek tunes never ceased from his mouth. He would constantly hum Greek songs, even when he was among the Sages. This shows that from the outset he was drawn to gentile culture and beliefs. Similarly, they said about Aḥer: When he would stand after learning in the study hall, many heretical books, which he had been reading, would fall from his lap. Therefore, he was somewhat unsound even when among the Sages.

§ The Gemara returns to discussing the heavenly beings. The Sages taught: Six statements were said with regard to demons: In three ways they are like ministering angels, and in three ways they are like humans. The baraita specifies: In three ways they are like ministering angels: They have wings like ministering angels; and they fly from one end of the world to the other like ministering angels; and they know what will be in the future like ministering angels.

And in three ways they are similar to humans: They eat and drink like humans; they multiply like humans; and they die like humans.

Six statements were said with regard to humans: In three ways, they are like ministering angels, and in three ways they are like animals. The baraita explains: In three ways they are like ministering angels: They have intelligence like ministering angels; and they walk upright like ministering angels; and they speak in the holy tongue like ministering angels. In three ways humans are like animals: They eat and drink like animals; and they multiply like animals; and they emit excrement like animals.

It is taught in the mishna: Whoever has no concern for the honor of his Maker deserves to have never come to the world. The Gemara asks: What is lack of concern for the honor of one’s Maker? Rabbi Abba said: This is one who looks at a rainbow. Rav Yosef said: This is one who commits a transgression in private. They proceed to clarify their opinions: Looking at a rainbow constitutes an act of disrespect toward the Divine Presence, as it is written: “As the appearance of the bow that is in the cloud in the day of rain so was the appearance of the brightness round about. This was the appearance of the likeness of the glory of the Lord” (Ezekiel 1:28), and it is a dishonor to God to stare at His likeness.

Rav Yosef said: This is one who commits a transgression in private, in accordance with Rabbi Yitzḥak, as Rabbi Yitzḥak said: Whoever commits a transgression in private, it is as though he pushed away the feet of the Divine Presence, as it is stated: “Thus said the Lord: The heavens are My seat, and the earth My footstool” (Isaiah 66:1). If one believes that no one can see what he is doing in private, it is as though he said that God is absent from that place. He is therefore compared to one who attempts to remove God from His footstool.

Apropos this Sage, the Gemara cites another statement of his: Rabbi Yehuda, son of Rabbi Naḥmani, the disseminator of Reish Lakish, interpreted a verse homiletically: What is the meaning of that which is written: “Trust not in a companion, do not put your confidence in an intimate friend” (Micah 7:5)? If the evil inclination says to you: Sin, and the Holy One, Blessed be He, will forgive, do not trust it, since it is stated: “Trust not in a companion [rei’a].” And rei’a is referring to none other than the evil [ra] inclination, as it is stated: “For the inclination of the heart of man is evil [ra]” (Genesis 8:21).

And “intimate friend” is referring to none other than the Holy One, Blessed be He, as it is stated: “You are the intimate friend of my youth” (Jeremiah 3:4). Lest you say: Since I am acting in private, who will testify against me? The stones of the house and the beams of the house of each person testify against him, as it is stated: “For the stone shall cry out of the wall, and the beam out of the timber shall answer it” (Habakkuk 2:11).

MISHNA:Yosei ben Yo’ezer says not to place one’s hands on offerings before slaughtering them on a Festival because this is considered performing labor with an animal on a Festival. His colleague, Yosef ben Yoḥanan, says to place them; Yehoshua ben Peraḥya says not to place them; Nitai HaArbeli says to place them; Yehuda ben Tabbai says not to place them; Shimon ben Shataḥ says to place them; Shemaya says to place them; Avtalyon says not to place them. Hillel and Menaḥem did not disagree with regard to this issue. Menaḥem departed from his post, and Shammai entered in his stead. Shammai says not to place them; Hillel says to place them.

The Gemara proceeds to clarify several points in the aforementioned baraita, in which the Master said: He may take the amount required for ḥalla from it, and place it in a basket or vessel, which do not contract ritual impurity. And when the am ha’aretz comes to take what was prepared for him, he can take both the dough and the ḥalla, and the one who prepared the dough does not need to be concerned that the am ha’aretz will impart impurity to the ḥalla. The Gemara questions this ruling: But let there be a concern lest the am ha’aretztouch the ḥalla and thereby impart impurity to it. The Gemara explains: This is not a concern, because we say to him: See that you do not touch the ḥalla, because if you touch it the dough will once again be considered like untithed produce.

§ The mishna teaches that one may assist gentiles who work the land during the Sabbatical Year. The Gemara asks: May one really assist them? But didn’t Rav Dimi bar Shishna say in the name of Rav: One may not hoe with a gentile during the Sabbatical Year, and one may not double the greeting extended to a gentile, saying: Shalom, shalom? The Gemara answers: No, one may not actually help a gentile in his work, but it is necessary to state that one may merely say to them: Be strong, as in that incident where Rav Yehuda said to gentiles in such a situation: Be strong, and Rav Sheshet said to them: Well done. Statements of this kind are certainly permitted.

It was stated above in the name of Rav that one may not double the greeting of shalom extended to a gentile. The Gemara relates that Rav Ḥisda would greet gentiles first so that he would not have to respond to the greeting extended to him with a twofold shalom. Rav Kahana, by contrast, would wait for their greeting, and then say to them: Peace to my master, thereby freeing himself from having to say shalom twice.

The mishna teaches that one may extend greetings to gentiles on account of the ways of peace. The Gemara asks: Now that it is taught that one may assist them, is it necessary to say that one may extend greetings to them? Rav Yeiva said: This halakhais necessary only on their holidays, as it is taught in a baraita: A person may not enter the home of a gentile on his holiday and extend greetings to him, as it appears that he is blessing him in honor of his holiday. If he encounters him in the market, he may greet him in an undertone and in a solemn manner, so that he does not appear to be rejoicing with him.

§ With regard to the matter of doubling one’s greeting, the Gemara relates that Rav Huna and Rav Ḥisda were once sitting when the Sage Geneiva passed by alongside them. One of them said to the other: We should stand before him, in his honor, for he is a son of Torah. The other one said to him: But should we stand before an argumentative person? In the meantime, Geneiva approached them and said to them: Peace be upon you, kings, peace be upon you, kings. They said to him: From where do you know that the Sages are called kings? He said to them: As it is written with regard to the Torah in the book of Proverbs: “Through me kings rule” (Proverbs 8:15).

Rav Huna and Rav Ḥisda said to Geneiva: Does the Master wish to taste something? Geneiva said to them: So says Rav Yehuda that Rav says: It is prohibited for a person to taste anything until he gives food to his animal, as it is stated in the verse: “And I will give grass in the field for your animals” (Deuteronomy 11:15), and only afterward is it written in that verse: “And you shall eat and be satisfied.” I have yet to feed my animal, so I may not eat.

When Ravin came from the Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: One may heal oneself with any substance from which one may not derive benefit, except for idolatry or forbidden sexual relations

That one may not heal oneself with idolatry even when his life is in danger is learned from that which we just said, based on the verse: “With all your soul and with all your might.” From where is this halakha derived with regard to forbidden sexual relations and murder? As it was taught in a baraita that Rabbi Yehuda HaNasi says: The verse says about one who rapes a betrothed woman: “But you shall do nothing to the young woman; the young woman has committed no sin worthy of death; for as when a man rises against his neighbor, and slays him, so too with this matter” (Deuteronomy 22:26). What does a murderer have to do with a betrothed young woman who was raped? Why would the verse mention murder in this context?

Rather, the mention of murder comes in order to teach a halakha about the betrothed young woman, and it turns out that, in addition, it derives a halakha from that case. The Torah juxtaposes a murderer to a betrothed young woman to indicate that just as in the case of a betrothed young woman one may save her by taking the rapist’s life, so too, one may save a potential murder victim by taking the pursuer’s life. Conversely, it is possible to learn about the case of a young betrothed woman from the case of a murderer. Just as with regard to a potential murderer the halakha is that if one is being forced to murder someone else, he should allow himself to be killed and not transgress that prohibition, so too, with regard to a betrothed young woman the halakha is that she should allow herself to be killed and not transgress the prohibition of forbidden relations.

The Gemara asks: And from where do we derive thishalakha with regard to murder itself? The Gemara answers: It is based on logical reasoning that one life is not preferable to another. The Gemara relates an incident to demonstrate this: This is similar to a certain man who came before Rava and said to him: A local official said to me: Go kill so-and-so, and if not I will kill you. Rava said to him: It is preferable that he should kill you and you should not kill. What did you think, that your blood is redder and more precious than his? Perhaps that man’s blood is redder. Apparently, one may not save his own life by taking someone else’s.

The Sages taught: A person should always be willing to sell all he has in order to marry the daughter of a Torah scholar. If he cannot find the daughter of a Torah scholar, he should marry the daughter of one of the great people of the generation, who are pious although they are not Torah scholars. If he cannot find the daughter of one of the great people of the generation, he should marry the daughter of one of the heads of the congregations. If he cannot find the daughter of one of the heads of the congregations, he should marry the daughter of one of the charity collectors. If he cannot find the daughter of one of the charity collectors, he should marry the daughter of one of the schoolteachers. However, he should not marry the daughter of an ignoramus [am ha’aretz] because they are vermin and their wives are similar to a creeping animal, as their lifestyle involves the violation of numerous prohibitions. And with regard to their daughters the verse states: “Cursed is he who lies with an animal” (Deuteronomy 27:21), as they are similar to animals in that they lack any knowledge or moral sense.

The Gemara continues its discussion with regard to an ignoramus. It was taught in a baraita that Rabbi Yehuda HaNasi says: It is prohibited for an ignoramus to eat meat, as it is stated: “This is the law [torah] of the beast and of the fowl” (Leviticus 11:46). He expounds: Anyone who engages in Torah study is permitted to eat the meat of animals and fowl, and anyone who does not engage in Torah study is prohibited to eat the meat of animals or fowl.

The Gemara proceeds to mention some sharply negative statements of the Sages in which they overstated their negative sentiments with regard to ignoramuses, although these ignoramuses were wicked in addition to being boors (ge’onim). Rabbi Elazar said: It is permitted to stab an ignoramus to death on Yom Kippur that occurs on Shabbat. His students said to him: Master, at least say that it is permitted to slaughter him. He said to them: I intentionally used the word stab, as this term, slaughtering, requires a blessing when one slaughters an animal, and that term, stabbing, does not require a blessing in any context.

Rabbi Elazar said: It is prohibited to accompany an ignoramus while traveling on the road due to concern that the ignoramus might try to harm his traveling partner, as it is stated with regard to Torah: “For it is your life and the length of your days” (Deuteronomy 30:20). An ignoramus has not studied any Torah, indicating that he is not concerned about his own life; with regard to another’s life, all the more so.

Rabbi Shmuel bar Naḥmani said that Rabbi Yoḥanan said: It is permitted to tear open an ignoramus like a fish. Rabbi Shmuel bar Yitzḥak said: And one may cut him open from his back and thereby cause his immediate death by piercing his spinal cord rather than his stomach.

It was taught in a baraita that Rabbi Akiva said: When I was an ignoramus I said: Who will give me a Torah scholar so that I will bite him like a donkey? His students said to him: Master, say that you would bite him like a dog! He said to them: I specifically used that wording, as this one, a donkey, bites and breaks bones, and that one, a dog, bites but does not break bones.

It was taught in a baraita that Rabbi Meir would say: Anyone who marries off his daughter to an ignoramus is considered as though he binds her and places her before a lion. Why is this so? Just as a lion mauls its prey and eats and has no shame, so too, an ignoramus strikes his wife and then engages in sexual relations with her without appeasing her first, and has no shame.

Similarly, he said: The hatred which ignoramuses have for a Torah scholar is greater than the hatred that the nations of the world have for the Jewish people. And the wives of the ignoramuses hate Torah scholars more than the ignoramuses themselves. It was taught in the Tosefta that one who studied Torah and left his studies hates Torah scholars more than all of them.

The Sages taught: Six statements were made with regard to ignoramuses: One may not entrust them with testimony, i.e., one may not appoint them as witnesses to a particular event or transaction. Additionally, one may not accept testimony from them, as they are not considered trustworthy, and one should not reveal a secret to them, as they will reveal it. One may not appoint them as steward [apotropos] over an estate belonging to orphans, due to concern that they might make improper use of the orphans’ property. Likewise, one may not appoint them as guardian over a charity fund. Finally, one should not accompany them while traveling on the road, due to concern for one’s safety. And there are those who say: One does not even announce their lost items, meaning that if one finds a lost article from such a person, he is allowed to keep it without making an effort to locate the owner (Me’iri).

§ Rav Yehuda says that Shmuel says: With regard to the property of a gentile that was sold to a Jew for money, it is ownerless like a desert until the purchaser performs an act of acquisition; anyone who takes possession of it in the interim has acquired it. What is the reason for this? The gentile relinquishes ownership of it from the moment when the money reaches his hand, while the Jew who purchased it does not acquire it until the deed reaches his hand. Therefore, in the period of time between the giving of the money and the receiving of the deed, the property is like a desert, and anyone who takes possession of it has acquired it.

Abaye said to Rav Yosef: Did Shmuel actually say this? But doesn’t Shmuel say that the law of the kingdom is the law, i.e., the halakha obligates Jews to observe the laws of the locale in which they reside, and the king said that land may not be acquired without a document? Therefore, taking possession should not be effective for acquisition. Rav Yosef said to him: I do not know how to reconcile this contradiction, but there was an incident in the village of Dura that was founded by shepherds, where there was a Jew who purchased land from a gentile by giving money, and in the interim another Jew came and plowed it a bit. The two Jews came before Rav Yehuda for a ruling, and he established the property in the possession of the second individual. This accords with the ruling of Shmuel that the property is ownerless until a Jew performs an act of acquisition.

The Gemara comments: Granted, with regard to the prohibition of diverse kinds, they disagree about this: One Sage, i.e., Rabbi Akiva, holds that an unintentional act is permitted. In this case, the prohibition is to benefit from wearing the garment, and that is not his intent, as his intention is merely to avoid paying the customs duties. Therefore, it is permitted. And one Sage, i.e., the first tanna in the baraita, holds that an unintentional act is prohibited. But is it ever permitted to avoid customs? Doesn’t Shmuel say: The law of the kingdom is the law?

Rav Ashi said: The mishna issues its ruling with regard to a gentile customs collector, whom one may deceive, as it is taught in a baraita: In the case of a Jew and a gentile who approach the court for judgment in a legal dispute, if you can vindicate the Jew under Jewish law, vindicate him, and say to the gentile: This is our law. If he can be vindicated under gentile law, vindicate him, and say to the gentile: This is your law. And if it is not possible to vindicate him under either system of law, one approaches the case circuitously, seeking a justification to vindicate the Jew. This is the statement of Rabbi Yishmael. Rabbi Akiva disagrees and says: One does not approach the case circuitously in order to vindicate the Jew due to the sanctification of God’s name, as God’s name will be desecrated if the Jewish judge employs dishonest means.

The Gemara infers from this baraita: And even according to Rabbi Akiva, the reason that the court does not employ trickery in order to vindicate the Jew is only because there is the consideration of the sanctification of God’s name. Consequently, if there is no consideration of the sanctification of God’s name, the court does approach the case circuitously. Apparently, it is permitted to deceive a gentile.

The Gemara challenges this assertion: But is robbery from a gentile permitted? Isn’t it taught in a baraita: Rabbi Shimon said that Rabbi Akiva taught this matter when he came from Zephirin: From where is it derived that it is prohibited to rob a gentile? It is from the fact that the verse states with regard to a Jew who has been sold as a slave to a gentile: “After he is sold he may be redeemed” (Leviticus 25:48),

indicating that one should not take a Hebrew slave by force and thereby allow him to leave the gentile’s jurisdiction. Rather, the Jew must be freed by legal means. One might have thought that it is permitted to deceive him in order to free the Jew. Therefore, the verse states: “And he shall reckon with him that bought him” (Leviticus 25:50), in order to teach that one must be precise in the financial dealings with the purchaser of a Hebrew slave, and one must pay him the appropriate sum without employing any form of deception. This indicates that it is prohibited to steal from a gentile.

The Gemara answers that Rav Yosef said: It is not difficult, as this ruling that permits the court to deceive a gentile is issued with regard to a regular gentile, whereas that verse, which teaches that it is prohibited to deceive a gentile, is stated with regard to a gentile who resides in Eretz Yisrael and observes the seven Noahide mitzvot [ger toshav].

Abaye said to Rav Yosef: How is it possible to differentiate between a gentile and a ger toshav? Aren’t both of them written next to each other, indicating that the same halakha pertains to both? As it is taught in a baraita: One who violates the prohibitions of the Sabbatical Year will be punished by having to resort to selling himself as a slave. And he will sell himself not to you, but to a stranger, as it is stated: “And sell himself unto the stranger” (Leviticus 25:47), and not to a stranger who is a convert, but to a ger toshav, as it is stated: “And sell himself unto the stranger who is a settler [ger toshav] with you” (Leviticus 25:47).

The Gemara cites another statement related to stealing from a gentile. Rav Beivai bar Giddel says that Rabbi Shimon Ḥasida says: It is prohibited to rob a gentile, but it is permitted to retain his lost item, i.e., one is not required to return it to him. The Gemara examines the basis for each of these rulings: It is prohibited to rob a gentile, as Rav Huna says: From where is it derived that it is prohibited to rob a gentile? It is derived from a verse, as it is stated: “And you shall consume all the peoples that the Lord your God shall deliver unto you” (Deuteronomy 7:16), indicating that it is permitted to consume the other nations’ property only when they are delivered into your hand, i.e., in times of war, but not when they are not delivered into your hand.

It is permitted to retain his lost item, as Rav Ḥama bar Gurya says that Rav says: From where is it derived that it is permitted to retain the lost item of a gentile? It is derived from a verse, as it is stated with regard to the mitzva of returning a lost item: “With every lost thing of your brother’s” (Deuteronomy 22:3), indicating that it is only to your brother that you return a lost item, but you do not return a lost item to a gentile.

The Gemara questions this derivation: But say that this applies only where the item has not yet come into the Jew’s hand, as he is not obligated to pursue it in an effort to find the lost item and return it. But in a case where the item had already come into his hand, say that he must return it to the gentile. The Gemara answers that Ravina said: It is understood from the verse itself, as it states: “And so shall you do with every lost thing of your brother’s, which he has lost, and you have found” (Deuteronomy 22:3), which indicates that the verse refers even to an item that has already come into one’s hand. It is taught in a baraita that Rabbi Pineḥas ben Ya’ir says: In a case where there is a concern that retention of an article lost by a gentile will result in the desecration of God’s name, it is prohibited even to retain a gentile’s lost item.

The Gemara adds: Shmuel says that it is permitted to financially benefit from a business error of a gentile, i.e., it need not be returned. The Gemara notes that this is like that incident where Shmuel purchased a golden bowl [lakna] from a gentile in exchange [bemar] for the price of an iron bowl, which was four dinars, and Shmuel included one additional dinar in the payment so that the gentile would not realize his mistake.

The Gemara relates another incident: Rav Kahana purchased one hundred and twenty barrels from a gentile for the price of one hundred barrels, and he included one additional dinar in the payment. Rav Kahana said to him: Take note that I am relying upon you to check that the transaction has been carried out properly. The Gemara records a third episode: Ravina and a gentile purchased a palm tree together in order to chop it up and split the wood between them. Ravina said to his attendant: Hurry and precede the gentile so that you can bring my share of the wood from the trunk of the tree, which is thicker than the upper part of the tree, as the gentile knows only the number of logs that he is due to receive and will not realize that you are taking thicker pieces.

The Gemara relates a final anecdote: Rav Ashi was traveling on the road and he saw a branch of a grapevine in an orchard, and there were clusters of grapes hanging on it. He said to his attendant: Go see to whom these clusters belong. If they are owned by a gentile, bring some to me, but if they are owned by a Jew, do not bring me any. A certain gentile who was sitting in the orchard overheard Rav Ashi’s instructions. The gentile said to him: Is it permitted to steal the property of a gentile? Rav Ashi said to him: A gentile takes money for his grapes, and I intended to pay for them, but a Jew does not take money for his grapes and I did not want to take them without paying for them.

§ Apropos the discussion of legal dealings between Jews and gentiles, the Gemara relates: Rava declared, and some say that it was Rav Huna who declared: All who ascend upward to Eretz Yisrael and all who descend downward to Babylonia agree that in the case of a Jew who knows of evidence concerning the legal claim of a gentile, and the gentile did not demand from him that he testify, and the Jew nevertheless went and testified for him in a gentile court, against his fellow Jew, we excommunicate him. What is the reason that we excommunicate him? It is because they, the gentile courts, expropriate money