Beitzah

And we raised the question: Why is it that he cannot [stipulate] when there are two scholars coming on different sides? Because we do not hold that selection is retrospective; then even [if a scholar came] to the East or to the West we should likewise not maintain that selection is retrospective! And R. Johanan answered: It treats of a case where the scholar had already come.1 Consequently [we see that] R. Johanan does not hold that selection is retrospective! But in reality do not reverse [the authorities]; but R. Oshaia does not hold that selection is retrospective [only] in respect of a Biblical [law], but in respect to a Rabbinical [law] he does hold it. Mar Zutra lectured: The halachah is as R. Oshaia. Samuel said: The ox of a cattle breeder is as the feet of all;2 the ox of a herdsman is as the feet [of the people] of that town.3 IF ONE BORROWS A VESSEL FROM HIS NEIGHBOUR ON THE EVE OF THE FESTIVAL [etc.]. This is obvious! — This is necessary respecting the case when it was not delivered to him until the Festival; you might think that he [the owner] did not place it in his [the borrower's] possession, so he informs us [that it is not so]. This supports R. Johanan; for R. Johanan said: If one borrows a vessel from his neighbour on the eve of a Festival, even though he did not hand it over to him until the Festival, it is as the feet of the borrower. BUT ON THE FESTIVAL IT IS AS THE FEET OF THE LENDER. This is obvious! — This is necessary respecting the case when he is wont to borrow frequently from him; you might think that he [tacitly] puts it into his [the borrower's] possession, so he informs us [that it is not so]; for he [the owner] might say,4 he will probably find another person and go and borrow from him. LIKEWISE A WOMAN THAT BORROWED FROM HER NEIGHBOUR: When R. Abba went up [to Palestine], he said: May it be the will [of God] that I may say something which is acceptable. When he came up [to Palestine] he met R. Johanan and R. Hanina b. Pappi and R. Zera — some say, R. Abbahu and R. Simeon b. Pazzi and R. Isaac the Smith; and they were sitting and saying: Why so? Let the water and the salt be nullified in relation to the dough! 5 — R. Abba said to them: occasionally to people in the immediate vicinity.