Talmud for Berakhot 2:4
הָאֻמָּנִין קוֹרִין בְּרֹאשׁ הָאִילָן אוֹ בְרֹאשׁ הַנִּדְבָּךְ, מַה שֶּׁאֵינָן רַשָּׁאִין לַעֲשׂוֹת כֵּן בַּתְּפִלָּה:
Laborers may recite the Shema on the top of a tree or on top of a nidbach [a stone ledge, as in (Ezra 6:4): "nidbachin di even g'lal" ("rows of heavy stones"). Though they are apprehensive of falling and cannot concentrate, the sages did not require them to descend; for only the first verse of the Shema requires concentration], something they are not permitted to do for tefillah (Shemoneh Esreh) [for prayer is the imploration of mercy, and it requires concentration, so that they must descend to pray.]
Jerusalem Talmud Terumot
MISHNAH: Five [persons] cannot give heave and if they gave it is not heave: the deaf and dumb1He is excluded only if he has no way of communicating with others., the insane, the minor, and one who gives heave from what is not his. The Gentile who gave heave for a Jew’s property, even with the latter’s authorization his heave is not heave2But a Gentile may voluntarily donate heave from his own produce..
A deaf person who speaks but cannot hear should not give heave, but if he did, his heave is heave. A “deaf person” mentioned anywhere by the Sages is a deaf-mute.
Rebbi Jehudah says, the heave given by a minor who has not yet grown two pubic hairs is heave. Rebbi Yose says, before he came to the time of vows105Mishnah Niddah 5:6: “The vows of a girl 11 years and one day of age are investigated (one inquires whether she understands the notion and severity of vows; if she does, her vows are valid.) If she is 12 years and one day old, her vows are prima facie valid but one investigates them during all of her thirteenth year. The vows of a boy 12 years and one day old are investigated; if he is 13 years and one day old, his vows are prima facie valid but one investigates them during all of his fourteenth year. Before that time, even if they say we know before Whom we made the vow and to Whom we dedicated a sacrifice, their vows are not vows and their dedications not dedications.” According to Rashi, “the time of vows” is when the vows are investigated; according to Maimonides [in his Code (Nedarim 11:3) and in the first and third versions of his Mishnah Commentary] it is the time when all vows are automatically valid. {Rashi’s opinion and the similar one of Maimonides in the second version of his Commentary are the only ones compatible with the Yerushalmi; Maimonides’s other opinion can be justified by the Babli, Niddah 46b–47a.}, his heave is not heave. After he has reached the time of vows, his heave is heave.
A deaf person who speaks but cannot hear should not give heave, but if he did, his heave is heave. A “deaf person” mentioned anywhere by the Sages is a deaf-mute.
Rebbi Jehudah says, the heave given by a minor who has not yet grown two pubic hairs is heave. Rebbi Yose says, before he came to the time of vows105Mishnah Niddah 5:6: “The vows of a girl 11 years and one day of age are investigated (one inquires whether she understands the notion and severity of vows; if she does, her vows are valid.) If she is 12 years and one day old, her vows are prima facie valid but one investigates them during all of her thirteenth year. The vows of a boy 12 years and one day old are investigated; if he is 13 years and one day old, his vows are prima facie valid but one investigates them during all of his fourteenth year. Before that time, even if they say we know before Whom we made the vow and to Whom we dedicated a sacrifice, their vows are not vows and their dedications not dedications.” According to Rashi, “the time of vows” is when the vows are investigated; according to Maimonides [in his Code (Nedarim 11:3) and in the first and third versions of his Mishnah Commentary] it is the time when all vows are automatically valid. {Rashi’s opinion and the similar one of Maimonides in the second version of his Commentary are the only ones compatible with the Yerushalmi; Maimonides’s other opinion can be justified by the Babli, Niddah 46b–47a.}, his heave is not heave. After he has reached the time of vows, his heave is heave.
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