Soncino English Talmud
Yevamot
Daf 83a
Our Mishnah cannot be maintained in the presence of the following Baraitha. For it was taught: R. Jose stated, 'The hermaphrodite is a creature sui generis, and the Sages did not determine whether he is a male or a female'. On the contrary; the Baraitha cannot be maintained in the face of our Mishnah! — As R. Jose left his colleague it may be inferred that he changed his opinion. Samuel, however, said: The Baraitha cannot be maintained in the face of our Mishnah. On the contrary; our Mishnah cannot be maintained in the face of the Baraitha, since Samuel was heard to take note of an individual opinion! — This applies only to a case where the Mishnah is not thereby uprooted; when the Mishnah, however, is thereby uprooted it need not be taken into consideration. At the school of Rab it was stated in the name of Rab that the halachah is in agreement with R. Jose in respect of the hermaphrodite and grafting; and Samuel stated: In respect of protracted labour and forfeiture. As to the 'hermaphrodite', there is the ruling just mentioned. 'Grafting'? — As we have learned: There must be no planting, no sinking and no grafting on the eve of the Sabbatical Year within thirty days before the new year; and if one planted or sank or grafted, the tree must be uprooted. R. Judah said: Any grafting which takes no root within three days will never take root. R. Jose and R. Simeon stated: [Within] two weeks. And, [in reference to this.] R. Nahman stated in the name of Rabbah b. Abbuha that according to him who stated, 'thirty days', thirty and thirty are required;' according to him who stated 'three days', three and thirty are required; and according to him who stated 'two weeks', two weeks and thirty days are required. 'And Samuel stated: In respect of protracted labour and forfeiture'. 'Protracted labour'? — As we learned: How long does the period of protracted labour continue? R. Meir said: Forty or fifty days. R. Judah said: Her [ninth] month is sufficient. R. Jose and R. Simeon said: Protracted labour cannot extend beyond two weeks. 'Forfeiture'? As we have learned: If one causes his vine to overhang above the crops of his neighbour, behold he causes thereby their forfeiture, and he is liable to make compensation; so R. Meir. R. Jose and R. Simeon said: