Bava Metsia 3
אם מזו שבועת תקנה היא. ותני שנים שהיו תופסין בשטר זה אומר שלי ואבד ממני וזה אומר שלי הוא שפרעתיך לך יתקיים השטר בחותמיו דברי רבי. רבן גמליאל אומר יחלוקו. אמר רבי לעזר הכל הולך אחר התפוס בעדים. אמר רב חסדא אין שמעותוניה אתיית כרבי שמעון. זה אומר חצייה שלי וזה אומר שלישה שלי האומר חצייה שלי ישבע שאין לו בה פחות מרביע והאומר שלישה שלי ישבע שאין לו בה פחות משתות. כללו של דבר אינו נשבע אלא על חצי שהודה:
a creative task, he should bring a sin offering. Two--he should bring a conditional sin offering. Three--he is exempt [from bringing a sacrifice of any sort.]” Rabbi Yose bar Bon raised the question [thus]: “If you were to say that two [stars indicate] doubt [as to whether it is day or night, then] if one saw two stars on the eve of the Sabbath and [others] warned him [that it was the Sabbath, thus making him liable for its violation], yet he [nonetheless] performed a creative task; [and if he subsequently] saw two stars on the departure of the Sabbath and [others] warned him [that it was still the Sabbath], yet he performed a creative task; then either way you like [he is liable for a violation of the Sabbath]. If the first [set of stars] were [an indication that it was still] daytime [and not yet the Sabbath], then the last stars were also [an indication that it was still] daytime [and still the Sabbath], then he is liable [for a violation of the Sabbath] on account of the last set [of stars]. If the last [set of stars] were [an indication that it was now] night time [and the Sabbath had begun], then the first stars were also [an indication that it was now] night time [and no longer the Sabbath], then he is liable [for a violation of the Sabbath] on account of the first set [of stars]. [Another example:] If he saw two stars on the eve of the Sabbath and partially harvested a fig, [and] if he [subsequently returned] in the morning and harvested another part, and if he saw two stars on the departure of the Sabbath and harvested the [last] part of the fig, then either way you like [he is liable for a sin offering]. If the first [set of stars] were [an indication that it was still] daytime [and not yet the Sabbath], then the last stars were also [an indication that it was still] daytime [and still the Sabbath] and the morning harvest joins with that of the departure of the sabbath, and he is liable [for a sin offering] on account of the last set [of stars]. If the last [set of stars] were [an indication that it was] night time [and now the Sabbath], then the last stars were also [an indication that it was] daytime [and no longer the Sabbath] and the morning harvest joins with that of the night of the Sabbath, and he is liable [for a sin offering] on account of the first set [of stars].” These [stars] that you are speaking of are [only] those whose way is not to appear in the daytime. However, we do not count those whose way is to appear in the daytime. Rabbi Yose bar Bon said: “Just so long as three stars may be seen aside from that [one we call] Kokhvata (prob. Venus).” (This may be a scribal error and the original version may have been: “Just so long as three stars may be seen [in one place, just] as one star [can be so seen.]”) Rabbi Yaakov of Romana in the name of Rabbi Yehuda ben Pazi: “One star, surely day. Two, night.” But does he [truly] have no [time period of] doubt!? He has doubt about [discerning] one star from another. A baraita teaches: “So long as the eastern horizon is reddened, it is daytime.
היו שנים רוכבין על גבי בהמה או שהיה אחד רכוב ואחד מהלך זה אומר כולה שלי וזה אומר כולה שלי זה ישבע שאין לו בה פחות מחצייה וזה ישבע שאין לו בה פחות מחצייה ויחלוקו בזמן שהן מודין או שיש להן עדים חולקין שלא בשבועה:
What has been said about the stars, applies to those which are not generally seen until nightfall; for, no note is taken of those which appear before the day is terminated. Therefore, R. Yosse bar R. Aboon says: It means three stars not counting, R. Jacob from Darom (south) says: One star indicates that it is still day; but two stars certainly show that it is night. Is there any doubt of this? No; the doubt can only exist between the stars visible by day, and the other stars.
אמר רב הונא תניי תמן אשה שהיתה רכובה על גבי בהמה ושנים מנהיגין אותה ואומרה אילו עבדי והחמור והמשאוי שלי. וזה אומר זו אשתי וזה עבדי והחמור והמשאוי שלי. וזה אומר זו אשתי וזה עבדי והחמור והמשאוי שלי צריכה גט משניהם וצריכה לשחרר את שניהן. ושניהן משחררין זה את זה. בחמור ובמשאוי שלשתן שוין:
With regard to this, we are taught that it is still day as long as the sky is red towards the east;
אמר רבי יצחק הדא הילכתא לית שמע מינה כלום לא מראשה ולא מסיפה.
TO HIM: I ALSO DID NOT SAY TO PRAY4 BUT TO MAKE MENTION [IN THE WORD] ‘HE CAUSETH THE WIND TO BLOW AND THE RAIN TO FALL’5 -IN ITS DUE SEASON. HE [R. JOSHUA] REPLIED TO HIM: IF THAT IS SO ONE SHOULD AT ALL TIMES MAKE MENTION OF IT. WE PRAY FOR RAIN ONLY CLOSE TO THE RAINY SEASON. R. JUDAH SAYS: THE LAST TO STEP BEFORE THE ARK6 ON THE LAST DAY OF THE FEAST MAKES MENTION, THE FIRST DOES NOT; ON THE FIRST DAY OF PASSOVER THE FIRST MAKES MENTION, THE LAST DOES NOT. GEMARA. What has the Tanna [in mind] when he teaches WHEN etc.?7 -The Tanna refers to [a Mishnah] elsewhere which teaches: We make mention of the Power of Rain in the [benediction of] the Revival of the Dead,8 and we pray for [rain] in the Benediction of the Years9 and [we insert] the Habdulah10 in [the benediction] ‘Thou favourest man with knowledge’.11 [With that passage in mind] the Tanna now teaches: When do we [begin] to make mention of the Power of Rain? Would it not have been more appropriate to teach it there, why did he leave it until now? — [Say] rather, because the Tanna had just completed [learning the Tractate] Rosh Hashanah12 where we have learnt: And on the Feast [the world] is judged through water. And, [as there] he taught: ‘And on the Feast [the world] is judged through water,’ therefore there he teaches: When do we [begin] to make mention of the Power of Rain. But let him teach: When do we [begin] to make mention of Rain: why, the Power of Rain?-R. Johanan said: Because Rain comes down by the Power [of God], as it is said, Who doeth great things und unsearchable, marvellous things without number.13 And it is [further] written, Who giveth rain upon the earth, and sendeth waters upon the fields.14 Where [in these verses is this idea] implied? — Rabbah b. Shila replied: It is derived from the analogous use of the word heker in verses treating of Creation. Here it is written, ‘Who doeth great things and unsearchable’. And there it is written, ‘Hast thou not known? hast thou not heard that the everlasting God, The Lord, the Creator of the ends of the earth, fainteth not, neither is weary? His discernment is past searching out.15 And [of Creation] it is [also] written, Who by Thy strength settest fast the mountains, Who art girded about with might.16 Whence do we know that mention of Rain is to be made in the Prayer?17 - It has been taught: To love the Lord your God and to serve Him with all your heart.18 What is Service of Heart? You must needs say, Prayer. And the verse following reads, That I will give the rain of your land in its season, the former rain and the latter rain.19 R. Johanan said: Three keys the Holy One blessed be He has retained in His own hands and not entrusted to the hand of any messenger, namely, the Key of Rain, the Key of Childbirth, and the Key of the Revival of the Dead. The Key of Rain, for It is written, The Lord will open unto thee His good treasure, the heaven to give the rain of thy land in its season,20 The Key of Childbirth, for it is written, And God remembered Rachel, and God hearkened