Niddah 48a — the Talmud in English

The verse says: “According to the number ![](pamud.bmp "

exact page position")

of two produce-years shall he sell to you.”

And “two” means at least two years, while the word “produce-years” comes to include the produce of a third year.

There are times when you sell three produce-years in two years.

And in order to eat the produce of three years, at least two complete years are required. For if he sold the field in Tishrei when it was full of the produce of the previous year, and at the end of the first year he harvested the produce of that year, at the end of the second year he would harvest the produce of the third year; but at the beginning of the second year he still cannot harvest the third produce [of the second year],

The six years of a Hebrew slave—from where do we derive it?

The verse says: “Six years he shall work, and in the seventh

he shall go out free,” and we derive both that he shall work six years and also a little of the seventh, and afterward he shall go out free,

and in the seventh

of the reckoning of the world

he shall also work.

For example, if he was sold in Nisan, when the first Tishrei arrives he begins counting the second year of the reckoning of the world, and in the second Tishrei the third year, and so on; and in the sixth Tishrei he counts the seventh year, and he does not go out free until Nisan. It follows that he worked half a year in the seventh year of the reckoning of the world.

“In a son and in a daughter”

which are stated in the beraita

, for what halakhic purpose?

Rav Gidel said in the name of Rav: With regard to valuations.

For one who says, “The valuation of so-and-so is upon me,” is obligated to give to the Temple treasury an amount according to the age of that so-and-so. For example, for a male from one month old until five years, he gives five shekels, whereas from five years until the age of twenty years he gives twenty shekels; and the age is determined by complete years from time to time.

And Rav Yosef said: For our chapter of Yotzei Dofen.

Where it is not stated explicitly [in our Mishna that one who is twenty is considered a eunuch].

Abaye said

to Rav Yosef:

Do you disagree

with Rav?

He said to him

Rav Yosef to Abaye:

No! He said one matter, and I say one matter, and we do not disagree,

for the halakha is that in both this case and that case, complete years from time to time are required.

And this too is reasonable, for if you should think

that Rav

disagrees

with me,

and

the one who says, “With regard to valuations”

[Rav]

did not say it with regard to Yotzei Dofen,

it is difficult:

For Rav said: The halakha throughout the entire chapter

of Yotzei Dofen

is from time to time!

And if so, Rav too holds like me, that from time to time is required.

Rather, according to the one who says, “With regard to valuations”

[Rav],

what is the reason he did not say

that the beraita comes

to

include

[the case of] Yotzei Dofen?

It is analogous to these

[the other laws in the beraita]

, just as those are written,

the years stated explicitly in the Torah

, so too these are written,

the years stated explicitly in the Torah [valuations].

And the other one,

Rav Yosef—why did he interpret the beraita as referring to a eunuch and not to valuations?

This “in a son and in a daughter,”

why did the tanna use this expression if he is speaking about valuations? Surely

“in a male and in a female” would have been required for him to teach,

for this is the wording of the verse concerning valuations. Rather, from the fact that the tanna used the language of the Sages and not the language of Scripture in the passage concerning valuations, it follows that he is speaking with regard to the laws of a eunuch.

Rav Yitzhak bar Nahmani said in the name of Rabbi Elazar: The halakha is in accordance with Rabbi Yose ben Kippar, who said in the name of Rabbi Eliezer

that complete years from time to time are not required.

Rav Zeira said: May I merit to ascend

and go up to the Land of Israel

, and complete the teaching from the mouth of its master,

from Rabbi Elazar himself, and not merely from a report in his name transmitted by Rav Yitzhak bar Nahmani!

When he went up

Rabbi Zeira to the Land of Israel

he found Rabbi Elazar,

He said to him

Rabbi Zeira to Rabbi Elazar:

Did you say that the halakha is in accordance with Rabbi Yose ben Kippar?

He said to him: I said that it is reasonable, since throughout the entire chapter it teaches “one day,” whereas here it does not teach—

Derive from this that it is reasonable in accordance with his view.

We have returned to you, chapter Yotzei Dofen.

Mishna:

A girl who is twelve years and one day old, whose

lower sign

has come [the two hairs]

before

her sign

upper [which is the “ripening” of the breasts, as explained on the previous page], is of age in all her matters, since the non-appearance of the upper sign does not prevent her from reaching maturity.

Therefore, if she fell before a yavam, she is

either performs chalitza or undergoes yibbum.

Either performs chalitza or undergoes yibbum.

The

sign

upper

in her breasts

has come before

the sign

lower,

she is

even though it is impossible

for this to happen according to the Sages; rather, it is certain to us that if she brought the upper sign, she also brought the two hairs, and if they examined her and did not find them, we say: surely they were present, but fell out. However, according to Rabbi Meir, it is possible that the upper sign will come without the lower sign coming, and she is still a minor [because the upper sign by itself is not a sign of maturity].

Therefore,

Rabbi Meir says: she neither performs chalitza nor undergoes yibbum

for she is a minor.

And the Sages say: she either performs chalitza or undergoes yibbum,

for she is of age in all her matters,

because they said

the Sages:

The lower one can come before the upper one has come, but the upper one cannot come before the lower one has come.

And if the upper one came and they examined her and did not find hairs below, it is certain to us that she had hairs, but they fell out.

Gemara:

We learned in the Mishna: The upper one came before the lower one,

even though it is impossible

that the upper one should come without the lower one.

And we raised an objection:

But it came!

And how did they say, “even though it is impossible that it should come”?

And we answer: This that we said,

“It came,” according to Rabbi Meir

, who says that it is possible that it comes before the lower one. And this that we said

“even though it is impossible that it should come,” is according to the Sages.

And we challenge: Why was the Mishna worded “even though it is impossible,” which is according to the Sages, within Rabbi Meir’s statement?

And let it teach

simply:

The upper one came

before the lower one came;

Rabbi Meir says: she neither performs chalitza nor undergoes yibbum,

because it is possible that the upper one came before the lower one, and she is a minor.

And the Sages say: she either performs chalitza or undergoes yibbum,

for she is of age.

And I would know that it is because it is impossible

for the upper one to come before the lower one

is it!?

And we answer:

If it had not taught

explicitly

“even though it is impossible

for the upper one to come without the lower one,” according to the Sages,

I might have thought

to explain the dispute between the Sages and Rabbi Meir in a different way:

According to everyone, it is possible that the upper one comes before the lower one; rather,

most women—the lower one comes first, and a minority—the upper one comes first.

And Rabbi Meir,

who said that she neither performs chalitza nor undergoes yibbum, follows

his reasoning, for he is concerned for the minority.

Therefore he is concerned lest she be from that minority of women among whom the upper sign comes before the lower one, and it is possible that she is a minor.

And the Sages,

who said that she either performs chalitza or undergoes yibbum, also follow

their reasoning, for they are not concerned for the minority,

but follow the majority of women among whom the lower one comes before the upper one. Therefore, if the upper one came, there is no need to examine the lower one, for it is reasonable that the lower one has already come.

And this matter applies when the case is undetermined,

where we did not examine her, for we rely on the majority.

But where they examined

the lower sign after the upper sign had come

and did not find

two hairs,

say: the Sages concede to Rabbi Meir that the upper one came first,

and she is a minor, since they did not find a lower sign in her; therefore

it informs us that it is impossible

according to the Sages for the upper one to come before the lower one.

Rather,

even though they did not find hairs when examining the lower sign,

certainly the lower sign came,

and

it is that it shed what it shed, it fell out, and therefore they did not find it in the examination.

and therefore they did not find it during the examination.

And the Gemara asks:

Granted, according to Rabbi Meir,

who holds that it is possible for the upper one to precede the lower one,

this is what is written

[Ezekiel 16]

“Your breasts were firm, and your hair grew,”

and the order of the verse implies that the upper sign precedes the lower one.

But according to the Sages,

who said that it is impossible for the upper one to come before the lower one,

it should have been the opposite

to say, “Your hair grew, and your breasts were firm.”

And the Gemara answers:

This is what the verse is saying

the verse:

Once your breasts were firm, it is known that your hair grew.

And the Gemara discusses:

Granted, according to Rabbi Meir, this is what is written

[in Ezekiel 23] “

When they made your breasts from Egypt, for the sake of the breasts of your youth.”

For the Egyptians would play with and squeeze your breasts while you were a child, so that they would be able to lust after you when you grew and became a girl, when the hairs of your youth would be sent outward [and this is “the breasts of your youth,” which is an expression of casting, the hairs of youth being as though cast and sent outward, and appearing as signs of girlhood]; for according to Rabbi Meir, the upper sign comes before the lower one.

But according to the Sages, it should have been the opposite

to write!?

This is what it is saying: Once your breasts came, it is known that your youth came!

And if you wish, say: What is “breasts”

[it does not refer to hairs that are sent outward, rather]

the whole

verse

is written concerning breasts

[and the meaning of “breasts” is breasts].

And this is what the Holy One, blessed is He, is saying to Israel

the Holy One, blessed is He, to Israel: