Soncino English Talmud
Sanhedrin
Daf 88a
'"Matters", — this refers to valuations, haramim and sanctifications'. 'Valuations' is dependent on the dispute of R. Meir and the Rabbis. For we learnt: If one dedicates the value of [an infant] less than a month old, R. Meir rules, he must render its value; The Sages maintain, his declaration is null. 'Haramim' is involved in the dispute of R. Judah b. Bathyra and the Rabbis. For we learnt: R. Judah b. Bathyra said, Unspecified haramim are for the Temple use, as it is written, Every herem ['devoted thing'] is most holy unto the Lord. But the Sages say, Unspecified haramim belong to the priests, as it is written, [but the field, when it goeth out in Jubilee, shall be holy unto the Lord] as a field of herem, the possession thereof shall be the priests. If so, what is taught by, Every herem is most holy unto the Lord? That it [sc. the vow of herem] is legally binding in respect of objects of the highest or of ordinary sanctity. 'Sanctifications' — this depends on the dispute of R. Eliezer b. Jacob and the Rabbis. For it has been taught: R. Eliezer b. Jacob said: Even a hook of hekdesh requires ten men for its redemption. 'Contentions' refers to the water ordeal of a sotah, the beheading of the heifer, and the 'purification of a leper'. 'The water ordeal of a sotah, is involved in the dispute of R. Eliezer and R. Joshua. For we learnt: He who warns his wife [against infidelity] — R. Eliezer said: He must warn her in the presence of two witnesses, and can subject her to the water ordeal on the testimony of one witness, or on his own. R. Joshua said: He must warn her in the presence of two, and cause her to drink on the testimony of two. 'The beheading of the heifer' — this is dependent on the dispute of R. Eliezer and R. Akiba. For we learnt: Whence was the measurement taken? R. Eliezer said: From his [sc. the victim's] navel. R. Akiba said: From his nose. R. Eliezer b. Jacob said: From the place where he becomes a murdered corpse. Viz., the neck. 'And the purification of a leper' — this depends on the dispute of R. Simeon and the Rabbis. For we learnt: If he [the leper] lacks the thumb of the right hand, the big toe of his right foot, and the right ear, he can never become clean. R. Eliezer said: It [sc. the blood and oil] is put upon the place thereof, and he thus fulfils the requirements of purification. R. Simeon said: It is placed upon his [corresponding] left [limbs] and he is acquitted [of his obligations]. "'Within thy gates" — this refers to the gleanings, forgotten [sheaves] and the corner of the field'. 'The gleanings,' even as we learnt: Two ears [that fell down] are gleanings [to be left for the poor], three are not. As to forgotten sheaves — two [forgotten] sheaves are [treated as] 'forgotten' [i.e., must be left for the poor]; three are not. And concerning all these Beth Shammai ruled: Three belong to the poor, four to the landowner. 'The corner of the field' — this is dependent on the dispute of R. Ishmael and the Rabbis. For it has been taught: The precept of pe'ah ['the corner'] applies [in the first instance] to the standing corn. If this was not done, a portion of the [harvested] sheaves should be given; if this was omitted, a part of the stack should be separated, providing it has not yet been evened. But once evened, it must [first] be tithed, and then [the poor man's portion] given to him. On the authority of R. Ishmael it was said: It must be separated even from the dough. THREE COURTS OF LAW etc. R. Kahana said: If he says, '[I base my ruling] on tradition,' and they say likewise, he is not executed; if he says. 'Thus it appears to use,' and they say, 'Thus it appears to us,' he is not executed; how much more so, if he says, '[I base it] on tradition,' and they say, 'Thus it appears to us'! He is executed only when he says, 'Thus it appears to me,' whilst they say, 'We base [our ruling] on tradition', the proof being that Akabia b. Mahalalel was not executed. R. Eleazar said: Even if he says. '[I base my ruling] on tradition', and they say, 'Thus it appears to us,' he is executed, that strife may not spread in Israel; and if thou arguest, Why was Akabia b. Mahalalel not executed? Because he did not give a rule for practical guidance. We learnt : HE STATED, THUS HAVE I EXPOUNDED, AND THUS HAVE MY COLLEAGUES EXPOUNDED, THUS HAVE I TAUGHT, AND THUS HAVE MY COLLEAGUES TAUGHT. Does it not [mean that] he said, '[I base it] on tradition', and they said, 'Thus it appears to us'? — No! He said, 'Thus it appears to me,' and they said, '[We base it] on tradition.' Come and hear! R. Josiah said: Three things did Ze'ira, an inhabitant of Jerusalem, tell me: [i] If the husband renounced his warnings, they are null;