Egyptian-Hebrew stream·Mishnah·Berakhot — Chapter I

Source context

Theme

transmission of authoritative oral teaching through a chain of master-disciple pairs

Soul-faculty

Intellectual Soul

Steiner

not engaged in the GA corpus

Cross-tradition

• Vedantic guru-paramparaThe Sanskrit concept of parampara — unbroken lineage of oral transmission from teacher to disciple — is structurally congruent with the Avot chain from Moses to the zugot, both treating living transmission as the guarantee of doctrinal integrity.
• Sufi silsilaThe Sufi silsila (chain of initiation from master to student) exhibits cross-tradition congruence with the Avot mesorah in its insistence that spiritual authority is authenticated by personal transmission rather than text alone.
• Pythagorean school disciplinePythagorean rules governing proximity to the master, graduated stages of hearing and speaking, and the obligation to propagate teaching through qualified students show structural congruence with the Avot maxims on sitting at the feet of sages and raising up many disciples.

Chapter I

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# CONTAINS LAWS FOR REGULATING THE DAILY PRAYERS AND THE RITUAL OF DIVINE WORSHIP.

CHAPTER I.

§ 1. From what time is the ‏שמע‎ 1 to be said in the evening? From the time the priests 2 again enter [the sanctuary] to eat their heave offerings, until the close of the first watch 3 [of the night]. Such is the dictum of R. Eleazar; but the sages say, "until midnight." Rabbon Gamaliel saith, "until the break of dawn." It happened [once] that his sons returned from a banquet [after midnight]. They said to him, "We have not yet said the ‏שמע‎." He replied, "If the day is not yet dawned, ye are bound to say it: and," added he, "not only in this [instance], but every [duty the performance of which] the sages say [is limited] to midnight only, the legal obligation does not cease until the break of dawn. [Thus in] the burning of the fat and members [of sacrifices] the legal obligation [is in force] till break of dawn. And all [offerings] which must be eaten the slime day [they have been brought] the legal obligation [extends] until the break of dawn." Such being the case, why do the sages say "until midnight" only? To withhold man from transgression.

§ 2. From what time is the ‏שמע‎ to be said in the morning? From the time man can distinguish between blue and white. R. Eleazar saith, "between blue and leek-green." And it may be said, "until the sun shines forth [over the mountain tops]." R. Joshua saith, "until the third hour," 4 for such is the habit of royal princes who rise at the third hour. He who says the ‏שמע‎ after that time loses nothing, [but is] like any man who reads in the Torah.

§ 3. Beth [the school of] Shammai hold, that in the evening, men are to recline when they say the ‏שמע‎, and in the morning, they are to stand upright; for it is said, "when thou liest down, and when thou risest up." 5 But Beth Hillel hold, that every man is to say it his own way, [in what posture] he pleases, for it is said, "when thou walkest by the way." 6 Such being the case, why [then] is it said, "when thou liest down, and when thou risest up"? The meaning is, at the time when mankind is in the habit to lie down, and at the time when mankind is in the habit to rise. R. Tarphon said, "Once I came along the road, and reclined, in order to say the ‏שמע‎, according to the dictum of Beth Shammai; but I exposed myself to danger from robbers." They [the sages] answered him, "Thou wast guilty against thyself [deserving of death] because thou didst violate the decision of Beth Hillel."

§ 4. In the morning, two benedictions are said before [the ‏שמע‎] and one after it; and in the evening, two benedictions before and two after it, one long and one short. 7 Where they, the sages, have adopted the long [form] no man is authorised to shorten [use the short form]; and where they have adopted the short form no man is authorised to lengthen [use the long form]. [Where they] close [with a benediction] no man is authorised not [so] to close: and [where they do] not close [with a benediction] no man is authorised [so] to close.

§ 5. The exit from Egypt is to be mentioned at night. R. Eleazar ben Azariah saith, "Verily I am as a man of 70 years, [almost 70 years of age], but have not succeeded [to prove] that the exit from Egypt ought to be mentioned at night, until Ben Zoma [thus] expounded

[paragraph continues] [the law]: 'that thou mayest remember the day of thy going forth from the land of Egypt all the days of thy life.' 8 'The days of thy life,' would denote the days only; but [the expression] 'all the days of thy life' [includes] the nights [likewise]. But the sages say, 'the days of thy life,' [denote] the world [in its present state], whereas 'all the days of thy life' [include] the future days of Messiah [likewise]."

Footnotes

iv:1 Deut. vi. 3. "Hear, O Israel, the Lord our God, the Lord is one," &c.

iv:2 Such priests as were unclean, and were bound to abstain from consecrated food until sunset. (Levit. xxii. 7.)

iv:3 The night (according to the Mishna) begins at 6 p. m., and is divided into three watches of four hours each.

2:4 The day (according to the Mishna) begins at 6 a.m., from which time the hours are to be computed. Thus the third hour is 9 a.m.; day and night each consists of twelve hours.

2:5 Deut. vi. 7.

2:6 Ibid.

2:7 A long benediction begins and ends with the form ‏ברוך אתה ה׳‎ "Blessed art thou, O Lord;" whereas, a short benediction is one which only ends with that phrase.

3:8 Deut. xvi. 3.

Chapter I

# CONTAINS LAWS DERIVED FROM, AND ENFORCING THE DIVINE COMMANDS.—(Levit. xix. 19; Deut. xxii. 9, 11).

"Thou shalt not let thy cattle gender with a diverse kind; thou shalt not sow thy field with a mingled seed, neither shall a garment of mingled woollen come upon thee" (Levit. xix. 19).

"Thou shalt not sow thy vineyard with divers seeds, lest the fruit of thy seed, which thou hast sown, and the fruit of thy vineyard, become defiled. Thou shalt not plough with an ox and an ass together. Thou shalt not wear a garment of divers sorts of woollen and linen together" (Deut. xxii. 9, 11).

§ 1. Wheat and ‏זוּאנִין‎ 1 are not in the relation of kilaim, 2 towards each other. Barley and oats are not kilaim, neither are spelt and rye, nor beans and chickpeas, nor small peas and ‏מוֹפַה‎, 3 nor white beans and scarlet beans.

§ 2. Cucumbers and melons are not kilaim. R. Jehudah saith they are. Lettuce and cabbage-lettuce are not kilaim; neither are endive and wild succory; nor common [garden] leek and wild leek; nor common coriander and wild coriander; nor common mustard and Egyptian mustard; nor Egyptian pumpkins and bitter pumpkins; nor Egyptian beans and pod-beans.

§ 3. Turnips and rape [turnip radishes] are not kilaim; neither are cabbage and [wild] colewort, nor ‏תְּרָדִים‎ 4 and ‏לְעוֹנִים‎. 5 R. Akivah adds, neither are common garlic and wild garlic; nor onions and shalots; nor ‏תּוֹרְמוֹם‎ 6 and ‏פַּלְסוּם‎. 7

§ 4. Among the [fruits of] trees, pears and crustumina 8 are not kilaim; nor are quinces and medlars. The apple and crab apple, apricots and almonds, plums and pistachios, although similar [in flavour] are, nevertheless, kilaim.

§ 5. Radishes and rape, mustard and lapsano, 9 Greek and Egyptian pumpkins [together] and bitter pumpkins, although similar, are, nevertheless, kilaim.

§ 6. The wolf and the dog, the fox and the fox-hound, goats and deer, sheep and chamois, the horse and the mule, the mule and the ass, the ass and the zebra, although similar, are kilaim.

§ 7. [The fruits of] trees must not be grafted on trees of a different kind; nor [one kind of] shrub, [plant or herb] on another kind of shrub; nor yet [scions of] trees on shrubs, nor shrubs on trees. R. Jehudah permits the grafting of shrubs on trees.

§ 8. Shrubs must not be planted on a sycamore-bush; rue must not be grafted on white cassia, because that [would be a shrub] on a tree; a scion of figs must not be planted among ‏חֲצוּב‎ 10 to cool it; a vine-branch must not be sunk [trained] into a melon-bed, to instil its juices therein, because that is a tree on a plant; pumpkin-seed must not be set among mallow, in order that it may be preserved therein, as that is herb in herb.

§ 9. If turnips and radishes be hidden [in the ground] beneath a vine, so that part of the leaves are visible, man need not feel any hesitation [to use them], either on the score of kilaim or of the 7th [sabbatical] year, 11 nor yet of tithes; and they [the turnips and radishes] may be taken [out of the ground] on the Sabbath-day. If wheat and barley be sown at once [together], that forms kilaim. R. Jehudah saith, "Kilaim are not formed unless two kinds of wheat be sown to one of barley, or two kinds of barley to one of wheat; or wheat, barley, and spelt, be sown together."

Footnotes

14:1 Commentators differ as to what kind of plant is designated by this name. Surenhusius renders it lolium [darnel]. Some believe it to be some species of vicia [vetch], while others consider it a kind of ervum [tare]: all agree that it is non-edible.

14:2 The word "kilaim" denotes the commixture of things differing in kind, species, or nature; here it means mixed seeds of various kinds.

14:3 A kind of pea or legume [a pod-vegetable].

14:4 Bieta [beet].

14:5 Armel [thrift].

14:6 Lupinus albus [white lupine].

14:7 Lupinus pilosus [rose lupine],

14:8 A kind of small pear.

15:9 Nipplewort. Most of the names in the text are derived from the Arabic; vide Maimonides in loco.

15:10 Supposed to be hedera [ivy.]

15:11 Should they have been hidden in the sixth year, and remain in the ground till the seventh.

Chapter I

CHAPTER I.

§ 1. The prohibition to carry or convey [from one reshuth 1 into another] on the Sabbath, is twofold; which [according to the decision of the sages], form four [prohibitions for him who is] inside [of the reshuth]; and also twofold which [according to the decision of the sages], form four [prohibitions for him who is] outside [of the reshuth]. How is this to be understood? A mendicant stands outside [of the private property], and the master of the house inside [of it]: 2 should the mendicant put his hand in [to the private reshuth], and [either] put [his wallet] into the master's hand, or take something out of it [the master's hand into his own], and draw his hand back, [into the public reshuth, in which he is standing], the mendicant is guilty, but the master of the house is absolved. Should the master stretch out his hand [into the public reshuth in which the mendicant is standing,] and put [his gift] into the hand of the mendicant, or take [the wallet] out of it, and draw his hand back [into the house or private reshuth in which he is], the master of the house is guilty, but the mendicant is absolved. Should the mendicant put his hand in, and the master take [the wallet] out of it, or put [his gift] into it, and the mendicant [then] draw his hand out, both are absolved. Should the master stretch out his hand, and the mendicant take [the gift] out of it, or put [his wallet] into it, both are absolved. 3

§ 2. A man is not to sit down to the barber, near the time of ‏מנחה‎ until he has said his prayers; 4 nor must man [about that

time on the Sabbath-eve] visit the bath, or the tan-yard; he must not sit down to his meal, nor yet in judgment; but if he have begun [to do either] he needs not leave off. [The study of the Law] is to be interrupted for the Shemang, but not for the Tephilah. 5

§ 3. The tailor must not go out with his needle near dusk [on the Sabbath-eve], lest he forget and carry it out with him [during the Sabbath]. The scribe [writer] is not to go out with his writing-reed [pen]; nor must a man cleanse his garments of vermin, or read by candle-light [on the Sabbath-eve]. They [the sages] have indeed permitted [that] a teacher may superintend children, who are reading [by candle-light], but he [himself] must not read. From the same motive [to avoid the possible occasion to sin] a man afflicted with a running issue, must not take his meals with a woman afflicted with the same disease. 6

§ 4. The following are among the decisions enacted in the Upper Hall of Hananiah, the son of Hezekiah, the son of Giorion, when they [the sages] went thither, and went up to visit him. On that occasion the sages present were counted, and [the sages of] the school of Shammai were found to be more numerous than [those of] the school of Hillel. On that day eighteen enactments were decreed.

§ 5. Beth Shammai declare it unlawful to soak the materials for making ink, or drugs for dying, or vetch [to feed cattle] [on the Sabbath-eve], unless there be time sufficient to soak it through, during the day [before the Sabbath comes in]: but Beth Hillel permit it.

§ 6. Beth Shammai declare it unlawful to put bundles of flax into the oven [on the Sabbath-eve], unless there be time sufficient to steam [dry] them during the day; nor to put wool into the dye-kettle, unless there be time sufficient for the wool to imbibe the dye during the day [before the Sabbath comes in]: all of which Beth Hillel permit. Beth Shammai declare it unlawful to spread [set] nets for game, fowl, or fish [on the Sabbath-eve], unless there be time sufficient for it to be caught therein during the day [before the Sabbath comes in]: but Beth Hillel permit it.

§ 7. Beth Shammai declare it unlawful to sell any thing to a heathen [on the Sabbath-eve], or to help him to load, or to load for him, unless there be time sufficient for him to reach a neighbouring

town [or village] during the day [before the Sabbath comes in]: but Beth Hillel permit it.

§ 8. Beth Shammai declare it unlawful to deliver skins to a heathen tanner, or clothes to a heathen laundress [on the Sabbath-eve], unless there he time enough for them to be got ready during the day [before the Sabbath comes in]: all of this Beth Hillel permit to be done, while the sun remains above the horizon.

§ 9. R. Simeon ben Gamaliel saith, "It was the custom in my father's house, to deliver white garments to the heathen laundress three days before Sabbath." [Both schools] agree, that it is permitted to put blocks on the oil-press, and the round logs on the wine-press near the coming in of the Sabbath]. 7

§ 10. Neither meat, onions, nor eggs, must be fried [on the Sabbath-eve], unless there be time sufficient for them to get quite done during the day [before the Sabbath comes in]. Bread must not be put into the oven towards dusk [nightfall] on the Sabbath-eve, nor cakes on the coals, unless there be time enough for the surface to become crusted during the day [before the Sabbath comes in], R. Eleazar saith [unless there be time sufficient for] the bottom to become crusted.

§ 11. It is permitted to put the paschal offering into the oven towards dusk on the Sabbath-eve 8 And the priests [in the Temple] may stir the fire a little in the hearth-room, 9 but in other halls [of the Temple] only if there is time sufficient for the fire to seize on the greater part of the wood. R. Jehudah saith of coals, "if any part of them be ignited [before the Sabbath come in]."

Footnotes

37:1 Property or space, vide Introduction.

37:2 The illustration purposely chosen is an act of charity, to shew that no deed, however commendable in itself, can authorise a needless infraction of the law.

37:3 In the first two instances the mendicant and the master respectively completed the carrying, each of them conveying the gift or wallet from one reshuth to the other. In the last two instances the act of either was incomplete.

37:4 Vide Treatise Berachoth, ch. IV. § I. This rule also applies to the week day.

38:5 Vide Treatise Berachoth, chap. II. § 4.

38:6 As both are unclean, and excluded from general society, their being left alone together might lead to improper intercourse.

39:7 Although the continued pressure of the logs extracts the juice of the olive or the vine on the Sabbath.

39:8 If the 14th of Nisan fell on a Friday, which thus became the eve of the festival as well as of the Sabbath.

39:9 A hall in the Temple, in which a fire was constantly kept up, and in which the ministering priests used to warm themselves.

Chapter I

CHAPTER I.

§ 1. Should an entry be higher than twenty amoth, [its height] must be lessened [by lowering the cross-beam]. R. Jehudah saith, "This is not necessary; should it be wider than ten amoth [its width] must be lessened; but if it has tine form [appearance] of a door [gate], even though it be wider than ten amoth, it is not necessary to lessen [its width]."

§ 2. To legalize [the carrying or conveying within] an entry [to a place inclosed on three sides], Beth Shammai hold, "[that] a post and a beam [are required];" but Beth Hillel hold, "[that either] post or beam [is sufficient];" R. Eleazar saith, "two posts." On the authority of R. Ishmael, a disciple stated before R. Akivah "Beth Shammai and Beth Hillel did not differ [in opinion] as to an

entry less than four amoth wide, [for they both agreed that] such [an entry] becomes legalized either through a beam or a post." On what did they differ? [Respecting] entries upwards of four amoth wide, and up to ten amoth: of these Beth Shammai hold, "that a post and a beam are required;" while Beth Hillel hold, "[that either] post or beam [is sufficient]." R. Akivah said, "They differ as to the one and as to the other."

§ 3. The beam in question must be wide enough to receive an ‏אריח‎, which is half of a brick, three hands in length and in width; it is, however, sufficient that the beam be one hand wide, so as to hold a half brick lengthwise.

§ 4. [The beam must be] wide enough to hold a half brick, [and also] sound enough to bear one. R. Jehudah saith, "It must be wide [enough], even though it be not sound [enough]."

§ 5. [Should the beam] be of straw or of reed, it is [in law] regarded as if it were of metal; should it be crooked [bent outwards], it is [in law] regarded as if it were straight; should it be cylindrical, it is [in law] regarded as if it were square. Whatever [measures] three hands in its circumference, holds one hand in width. 1

§ 6. The posts in question, must be ten hands high, be their breadth and thickness whatever it may: R. José saith, "Their width must be three hands."

§ 7. [Such] posts may be made out of any thing, even of that which is possessed of life; [this last, however,] R. José prohibits. [A living animal tied on a grave to close it up] communicates uncleanness [even after it be removed therefrom]. R. Meir saith it is clean, "A letter of divorce for a woman may also be written thereon 2 [a living animal];" but R. José, the Galilæan, pronounces it "[the letter of divorce so written] null, [not valid in law]."

§ 8. Should a caravan encamp in a valley, and a fence be made around it with the cattle's gear, it is lawful to move things within the fence [on the day of rest]; provided always that the fence be ten hands high, and the gaps [open spaces] therein, do not exceed [in extent] the actual fencing. Every gap [avenue] which is about ten hands [wide], is permitted; for it is considered as a door [gate], [hut gaps which are] more than ten hands wide are prohibited.

§ 9. [The caravan may also be] fenced round with three ropes, one above the other; provided always there be between each rope less than three hands [interspace], and that the measure [width or thickness] of the three ropes [together] exceed one hand, so that the whole make up [the] ten hands.

§ 10. The caravan may also be fenced round with cane-laths; provided always the interspace between cane and cane be less than three hands. [All these regulations are limited to] spoken of a caravan [only]. Such is the dictum of R. Jehudah; but the sages maintain, "[that] the caravan is [especially] spoken of, solely [in order to adduce an instance] from that which actually exists." 3 Any partition which is not [constructed on the principle] of warp and shoot is not a [lawful] partition. Such is the dictum of R. José bar Jehudah; but the sages hold, "[the constructing it according to] either one of the two [principles is sufficient]." Four immunities have been granted [to warriors] in a camp: they may bring wood from any place [without respecting the rights of ownership]; they need not wash their hands before meals; they may eat of ‏דמאי‎; 4 and they are absolved from the obligation of erub. 5

Footnotes

72:1 This computation is but approximative. The exact proportion of the diameter to the circumference, is as 100 to 314.

72:2 Vide Treatise Gittin, chap. II. § 3.

73:3 Consequently, all these rules and regulations apply to the single traveller; who also enjoys the benefit thereof, should he encamp on the day of rest.

73:4 Fruit or corn, respecting which it is doubtful whether the legal dues [heave-offering], tithes, &c., have been acquitted or not.

73:5 Combining the different tents which compose the camp.

Chapter I

CHAPTER I.

§ 1. On the evening of [previous to] the 14th of Nissan, it is necessary to make search for leaven by the light of a candle; it is not required to search places in which it is not usual to put leaven. Why then was it ordered that two rows [of barrels] must be searched? Because it treats there of a warehouse or wine-cellar, in which leaven is sometimes carried. Beth Shammai decide, "that search must be made between two rows of barrels over the whole surface of such a warehouse;" but Beth Hillel say, "It is

sufficient to search between the two external rows, which are also the highest." 1

§ 2. It needs not be suspected that a weasel might [possibly] have dragged any leaven from one house or place to another; 2 for if so, the same suspicion will attach to a [possible] removal from one court, or even from one city to another, and [the search] would thus become an endless task.

§ 3. R. Jehudah says, "It is necessary to search on the evening before the 14th [of Nissan], or early on the morning of that day, or at the time [when all leaven must be removed];" but the sages say, "If no search has been made on the evening preceding the 14th, it must be done on that day: if omitted on that day, it must be done at the time appointed 3 [for the removal of leaven], and in case it was then also omitted, it must be done afterwards, 4 and whatever leaven remains, must be kept in a well guarded place, that no further search may become necessary."

§ 4. R. Meir says, "It is lawful to eat [leaven on the 14th] the whole of the first five hours, 5 and what remains must be burned at the commencement of the sixth hour:" but R. Jehudah says, "It is only permitted to eat [leaven] the first four hours; it must be abstained from during the whole of the fifth hour; and it must be burned at the commencement of the sixth hour."

§ 5. R. Jehudah also taught, "That formerly, two cakes of thanksgiving-offering which had become desecrated, were exposed on a bench or gallery [of the Temple]. Whilst they lay there, all the people did yet eat [leaven]: when one was removed, they abstained

from eating, but did not burn it; when both were removed, all the people commenced burning [the leaven]." Rabbon Gamaliel says, "Non-consecrated things may be eaten during the first four hours; but heave-offering may yet be eaten during the fifth hour: both, however, must be burned at the commencement of the sixth hour."

§ 6. R. Hanina, the Sagan [chief or principal] of the priests, says, "The priests did never object to burn flesh which had become unclean in an inferior degree, 6 with other flesh which had become unclean in the first degree, 7 although the [legal] impurity of the first mentioned was thereby increased." R. Akivah added to this, and said, "The priests did never object to burn the oil of heave-offering, which had become unclean by being put by an unclean person, who [however] had bathed on that day, into [a metal] lamp which had come in contact with a dead body, although a higher degree of impurity had thus been added to its former impurity."

§ 7. R. Meir says, "We learn from their words, that it is lawful, on account of the Passover, to burn clean heave-offering [of leaven] with that which has become unclean;" but R. Jose said to him, "This is not a [true] inference;" R. Eleazar and R. Joshua agree, however, that it is necessary to burn each separately. Wherein do they differ? Concerning things whose uncleanliness is doubtful, and things which are certainly unclean; for R. Eleazar says, "Each of these must be burned separately;" but R. Joshua says, "They may be burned together."

Footnotes

98:1 This is variously explained; the plainest exposition seems to be the following:—supposing 100 barrels to be piled up one on the other, in a cellar or warehouse, in ten rows of ten barrels each; according to Beth Shammai, the front and top rows must be searched; but Beth Hillel consider it sufficient to search between the two external rows (i.e. those in a perpendicular position), in the first only.

98:2 From a place that has not been searched to one that has.

98:3 The word ‏מועד‎ is here rendered according to Rashi; others have explained it in its usual sense, namely, "festival."

98:4 After the search has been made to serve for the consumption of the family, between that time and the period when all leaven must be burned, or otherwise removed.

98:5 That is, Till eleven o'clock. To reduce the rabbinical hours to our modern computation of time, add six to the hours mentioned in the Mishna.

99:6 That is, the second degree of impurity.

99:7 This, and the following section, can only be properly understood by a knowledge of the laws laid down on this subject in Seder Taharot.

Chapter I

CHAPTER I.

§ 1. A succah 1 [booth, the interior of] which is above twenty amoth high, is not valid. 2 R. Jehudah declares it valid. One which is not ten hands high, one which has not three walls, or which has more sun than shade, 3 is not valid. An old succah, Beth Shammai hold to be not valid; but Beth Hillel hold it valid. What is [considered as] an old succah? One that had been constructed thirty days before the festival; but if it has been constructed on purpose for the festival, even though it should be a year old, it is valid.

§ 2. If a man construct his succah beneath a tree, it is as if he had constructed it in the house. Should he construct one succah above another, the upper one is valid, but the lower one is not. R. Jehudah saith, "Should the upper one not be habitable, 4 the lower one is valid."

§ 3. If a cloth be spread over [the roof of the succah as a screen] against the sun, or below [the roof, inside] to catch the falling leaves; or if a man has spread a cloth over a [four post] bed tester 5 [the succah] is not valid; but he may spread a cloth over two bed posts.

§ 4. If a man has trained a vine, or a gourd, or ivy over [the succah], and covered it [according to another version, and covered them the succah is not valid]; but should the covering be more [in substance and extent] than these [the vine, &c.], or if they have been cut [trimmed], it is valid. The rule is, every tiling which contracts uncleanness and does not derive its growth from the ground, must not be used as a cover [to the succah]; but every thing which does not contract uncleanness, and does derive its growth from the ground, is to be used as a cover [to the succah].

§ 5. Bundles of straw, bundles of wood [stalks], and bundles of twigs, they must not [use to] cover [the succah]; all of these [however,

if the bundles be] untied, are valid. All of these [in bundles] may be used as side-walls.

§ 6. They may cover [the succah] with thin boards [laths]. Such is the dictum of R. Jehudah: but R. Meir prohibits it. If a man has put a deal board four hands wide over the succah, it is valid. provided he do not sleep under it [the deal-board].

§ 7. [If] small rafters, over which there is no ceiling [are to be used for a succah], R. Jehudah saith, "Beth Shammai hold [the rafters must be] loosened, and the middle one out of every three be removed;" but Beth Hillel hold, "He needs either [loosen] the rafters, or remove the middle one out of every three." R. Meir saith, "He must remove the middle one out of every three [rafters], but he needs not loosen [the whole of them]."

§ 8. If a man roof in his succah with iron spits [rods], or the boards of the bedstead, should the interspace between them [covered by some vegetable material] be equal to [or larger than] the space roofed in [by the rods, &c.], it is valid. Should a man pile up loose sheaves, to use as a succah, it is not valid.

§ 9. If a person entwine the sidewalls from the roof downwards, should they not reach the ground by three hands wide, the succah is not valid. [If he has entwined them] from the ground upwards, should they be ten hands high, it is valid. R. José saith, "Even as from the ground upwards ten hands [and the height required by law], so likewise from the roof downward [the height required by law] is ten hands. If the covering be at a distance of three hands above the side walls, the succah is not valid."

§ 10. Should a house have been unroofed, and covered [to constitute a succah], if there be [an interspace of] four amoth between the wall and the [vegetable] covering, it is not valid; [such is] likewise [the case with] a court in which there is a covered passage. If the top of a large succah has been inclosed [covered] with [some] material [which] they must not [use to] cover it, should there be below it [an interspace of] four amoth, the succah is not valid.

§ 11. If a man construct his succah in the shape of a pyramid, or leans [supports] the top against the wall [in a slanting direction], R. Eleazar pronounces it not valid, because it [the succah] has no roof; but the sages declare it valid. A large reed mat which has been made [for the purpose] to sleep thereon, [is liable to] contract uncleanness, and they must not cover a succah therewith; [but if made for the purpose of serving] as a cover [for a succah] they may use it as such, and it does not contract uncleanness. R. Eleazar saith,

[paragraph continues] "Whether it be large or small, if [such a mat has been] made for [the purpose of] sleeping thereon, it contracts uncleanness, and must not be used as a cover; but if [it has been] made [for the purpose of using it] as a cover, they may use it as such, and it does not contract uncleanness."

Footnotes

130:1 It is a standing rule that the succah must be a temporary habitation, constructed for the use of the festival only, and not a permanent dwelling; and it must represent a detached booth or hut.

130:2 ‏פסול‎, null, not valid, as not being in conformity to the rules and regulations laid down. ‏כשר‎, valid, being in conformity to these rules.

130:3 In which the part open to the rays of the sun exceeds in extent the part which is shaded by the cover.

130:4 Because the floor of the upper [which is the] roof of the lower succah, cannot bear the weight it has to carry.

130:5 As that forms a broad [square] top, which converts the bed into a tent, whereas two bed-posts form a narrow top, which is not considered as a tent.

Chapter I

CHAPTER I.

§ 1. An egg laid on the festival may be eaten thereon, according to Beth Shammai; but Beth Hillel are of opinion, it may not be eaten. Beth Shammai also decide, "that leaven of the size of an olive, and leavened bread, of the size of a date, [must be removed before Passover];" but Beth Hillel say, "both are to be removed when of the size of an olive [only]."

§ 2. When a person wishes to kill on the festival a wild animal, or

fowl, he may, according to Beth Shammai, "remove with a spade, which had been stuck in the ground [before the festival], the loose earth, and cover the blood therewith." But Beth Hillel will not permit to kill on the festival, unless the person has prepared the earth to cover with on the day preceding the feast. Both colleges, however, agree that in case a person did kill, he may dig with a spade to obtain earth to cover with. Ashes from the hearth may be considered as "prepared" for use.

§ 3. Beth Shammai say, "It is prohibited to remove a ladder from one dove-cote to another; it may, however, be removed from one opening to another of the same dove-cote." But Beth Hillel allow both. Beth Shammai say, "It is unlawful to remove the birds from their places, unless they had been shaken [or touched] before the festival." 1 But Beth Hillel say, "It is unnecessary to do more than, standing before the next, 2 to say, This and that bird will I take for the festival."

§ 4. If a person who had prepared for the festival black pigeons, finds white ones, or having prepared white pigeons, should find black ones; or two birds, and he find three, they may not be used. If three birds had been prepared, and two only are found, they may be used, but if they had been "prepared" within the nest, and are found before the nest, they may not be used, unless there were no other birds but these in the dove-cote.

§ 5. The shutters of moveable stalls 3 may not be removed on the festival according to Beth Shammai; but Beth Hillel allow not only this, but also to replace then. Beth Shammai say, "The [large wooden] pestle may not be moved for the purpose of using it as a block to cut meat upon;" but Beth Hillel allow it. Beth Shammai teach, "That it is unlawful to lay down a skin to be trodden on [as a preparation for its being tanned], or to raise it from the ground, unless the [minimum] quantity of meat of the size of an olive be thereon;" but Beth Hillel allow it. Beth Shammai teach, "That it is unlawful to carry out into a public place on the festival, a child, a [loolab], or palm-branch, &c., or a roll of the law;" but Beth Hillel allow it.

§ 6. Beth Shammai hold it to be unlawful to carry to the priest on the festival ‏חלה‎, or other gifts [belonging to the priests], whether they had been set apart for that purpose on that day, or on the day previous; but Beth Hillel allow it. Beth Shammai alleged to them in support of their decision, the similarity of expression in both, and said, ‏חלה‎ and other priestly dues are called gifts [‏מתנות‎], due to the priests: ‏תרומה‎, or heave-offering, is also one of these gifts; now, even as heave-offering may not be carried to the priest on the festival, thus must it be equally unlawful to bring to him any other priestly "gifts" on that day. But Beth Hillel reply, "That which is affirmed of the heave-offering cannot apply to the other gifts, 4 for that cannot be incurred on the festival, but the other gifts may."

§ 7. Beth Shammai say, "Spices may be pounded on the festival with a wooden pestle only, and salt with an earthenware jug, or with a large wooden spoon." But Beth Hillel say, "Spices may be, as usual, pounded with a stone pestle, and salt with a wooden spoon."

§ 8. When a person picks pulse on the festival, he may, according to Beth Shammai, only pick out the eatable part and eat it; but according to Beth Hillel he may pick it as usual in his lap, in a basket with holes, or in a large dish, but not on a large table, or through a small or large sieve. Rabbon Gamaliel says, "It is lawful to pour water thereon, and remove the part not fit to eat, by hand."

§ 9. Beth Shammai teach, "that it is unlawful for one person to send to another as a present on the festival, any thing but eatables." 5 Beth Hillel permit to send even cattle, game, and poultry, 6 either dead or alive; also, presents of wine, oil, fine flour, and pulse, but not grain. 7 But R. Simeon permits also to send grain. 8

§ 10. It is also lawful to send clothes, sewed or not, even of "Kilaim," in case they are used on the festival, but not sandals with iron nails, 9 or unsewed [unfinished] shoes. R. Jehudah says,

[paragraph continues] "Neither may white shoes be sent, because they require an artificer to make them fit for use." 10 This is the general rule: whatever can be used on the festival may be sent as a present thereon.

Footnotes

145:1 To "prepare" them to he used on the festival.

145:2 Without actually handling the birds.

145:3 The stalls here mentioned were used by spice vendors, they had the form of a box, with moveable lids or partitions, which were taken out and used as a table to expose thereon the spices for sale.

146:4 And consequently there is no similarity between them, inasmuch as the obligation to separate the heave-offering cannot be incurred on the festival it being unlawful to go to the heap of corn for that purpose (see further ch. V), but the other gifts, such as ‏חלה‎, &c. may become obligatory, inasmuch as it is permitted to kill cattle, and to make dough on the festival.

146:5 In slices, or pieces.

146:6 The whole carcase.

146:7 Because that requires grinding, which is not permitted on the festival.

146:8 He allows it inasmuch as it is possible that a small part may be pounded in a mortar [which is permitted], and be made into a cake, to be eaten on the festival.

146:9 On account of an event related in Treatise Sabbath, ch. VII. § 2.

147:10 In the country or place of R. Jehudah white shoes were not worn (Bartenora).

Chapter I

CHAPTER I.

§ 1. There are four periods of commencement of years: viz.—on the first of Nissan is a new year for [the computation of the reign of] kings, 1 and for festivals; 2 the first of Elul is a new year for the tithe of cattle, 3 but according to R. Eleazar and R. Simeon, it is on the 1st of Tishri. The 1st of Tishri is New Year's [day] for the ordinary or civil year, for the computation of the seventh years [or years

of release] 4, and of the jubilees; also for the planting of trees, 5 and for herbs. 6 On the first of Sebat is the new year for trees, 7 according to Beth Shammai; but Beth Hillel say, "it is on the fifteenth of the same month."

§ 2. The world is judged at four periods in each year; on pass- over, in respect to the growth of corn; 8 on the feast of weeks, concerning the fruit of trees; on the feast of new year, when all human beings pass like lambs before God's throne, in order to be judged; as it is said (Ps. xxx. 9), "He who hath fashioned all their hearts, understandeth all their works;" and on the feast of tabernacles judgment is passed concerning the water [or rain].

§ 3. Messengers were sent out 9 for the following six months: for Nissan, on account of the Passover; for Ab, on account of the fast; for Elul, on account of the feast of new year; for Tishri, on account of the regulation of the festivals; 10 for Kislev, on account of the feast of dedication; for Adar, on account of the feast of lots; and also for Iyar, during the existence of the second Temple, on account of the little [or second] Passover.

§ 4. For the new moons of two months [the witnesses] may profane the Sabbath: 11 viz. for those of Nissan, and of Tishri; because, on these months only, the messengers went to Syria, and the festivals are regulated by them; and during the existence of the Temple it was lawful to profane the Sabbath for any month, on account of the regulation of the offerings [on the feast of new moon] in their proper day.

§ 5. Whether the moon had been seen high on the horizon, 12 or had

not appeared thus high, the Sabbath may be profaned [by the witnesses]. R. José says, "If the moon appeared high on the horizon the Sabbath may not be profaned by them [to announce it]."

§ 6. It happened once, that more than forty pair of witnesses passed through on the Sabbath, when R. Akivah detained them at Lydda [‏לוד‎]; Rabbon Gamaliel then sent word, saying, "If thou thus detainest the people, thou wilt be the cause of their straying in future" [they will refuse to come].

§ 7. When father and son have seen the new moon, they must both go to the tribunal of judgment [Beth Din], not that they may be combined together to act as witnesses, but in order that, should the evidence of either of them be invalidated, the other may join to give evidence with another witness. R. Simeon says, "Father and son, and relatives in every degree, may be allowed as competent witnesses to give evidence as to the appearance of the new moon." R. José says, "It once happened that Tobias the physician, his son, and his freed slave, saw the new moon in Jerusalem, [and when they tendered their evidence] the priests accepted his evidence, and that of his son, but invalidated that of his freed slave; but when they appeared before the 'Beth Din,' 13 they received his evidence, and that of his freed slave, but invalidated that of his son."

§ 8. The following are considered incompetent witnesses: gamblers with dice, usurers, 14 pigeon breeders, 15 those who trade in the produce of the Sabbatical year, and also slaves. The rule is, that all evidence that cannot be received from a woman cannot be received from any of these.

§ 9. A person who has seen the new moon, but is unable to go [to give evidence], must be brought [if unable to walk] mounted on an asses or even in a bed. Persons afraid of being waylaid by robbers may take sticks with them; 16 and if they have a long way to go, it will be lawful for them to provide for themselves, and carry their food. 16 Whenever [witnesses] must be a day and a night on the road, it will be lawful to profane the Sabbath to travel thereon, to

give their evidence as to the appearance of the new moon. For thus is it written (Lev. xxiii. 4), "These are the feasts of the Lord, the holy convocations, which ye shall proclaim in their appointed seasons."

Footnotes

156:1 The reign of Jewish kings, whatever the period of accession might be, was always reckoned from the preceding Nissan; so that if, for instance. a Jewish king began to reign in Adar, the following month [Nissan] would be considered as the commencement of the second year of his reign. This rule was observed in all legal contracts, in which the reign of kings was always mentioned.

156:2 This is in respect to a person who has neglected to observe his vow, the period of which neglect may not extend above three festivals from the time of the vow, of which the festival in Nissan, or Passover, is the first.

156:3 In order to keep the tithes of different years distinct.

157:4 When the land must lie fallow. (Lev. xxv., Deut. xv. 12, &c.)

157:5 In respect of the ‏ערלה‎, or prohibition of eating of the fruit of newly planted trees. (See Lev. xix. 23–25, and Mishna Treatise, ‏ערלה‎.)

157:6 In order not to mix the tithe of herbs of one year with that of another.

157:7 In respect to the tithe due of fruit trees.

157:8 Whether the coming year should be a favourable one in respect to the growth of corn, fruit, the descent of fructifying rain, &c.

157:9 From Jerusalem, to announce to other places the day on which the Sanhedrin had fixed the day of the last new moon.

157:10 The day of Atonement, and feast of Tabernacles; inasmuch, as it was possible that the Sanhedrin might have made the preceding month Elul intercalary ‏מעוברת‎.

157:11 To travel thereon to Jerusalem, to acquaint the Sanhedrin of their having seen the new moon.

157:12 When it is to be supposed it had also been seen at Jerusalem; and that, consequently, the Sabbath need not be profaned by the witnesses travelling thereon to Jerusalem.

158:13 The tribunal of judgment—the Sanhedrin.

158:14 This includes all games of hazard; usurers and gamblers being considered as reputed thieves. (See Sanhedrin, c. iii.)

158:15 Those who breed and train pigeons for gambling purposes; such as, betting on their velocity of flight, or to train them to entice the pigeons of others to the dovecote, &c.

158:16 Even on the Sabbath.

Chapter I

CHAPTER I.

§ 1. From what time is the mention of God's power, as manifested in the descent of rain, to be commenced [in the prayers]? R. Eleazar says from the first day of tabernacles; R. Joshua says from the last day of that festival: for said R. Joshua to [R. Eleazar], "Since the descent of rain on the festival of tabernacles is to be considered an unpropitious event, 1 why should it be mentioned [in the prayers]?"

[paragraph continues] To this R. Eleazar answered, "I also am not of opinion that they should be prayed for, 2 but only that they should be mentioned with the words, 'Thou causedst the wind to blow, and the rain to descend in its proper time.'" "If so," replied R. Joshua, "this mention might be made at all seasons of the year."

§ 2. Prayers for rain are not to be said sooner than shortly before the commencement of the rainy season. R. Jehudah says, "The last 3 of the ministers of the congregation who on the last day of the feast of tabernacles officiates at the reading-desk [‏תיבה‎], shall mention the rain, 4 but not he who officiates first. 5 On the first day of Passover the first minister still mentions it, but not he who officiates last." 6 Till how long is the rain to be prayed for? R. Jehudah says till after the Passover; R. Meir says till the month of Nissan is passed, because it is said [Joel ii. 23], "And he will cause to come down for you the rain, the early rain and the late rains in the first month."

§ 3. On the third of Mar-Cheshvan 7 prayers for the rain are to be said, 8 but according to Rabbon Gamaliel, on the seventh of the same month, namely, fifteen days after the feast of tabernacles, in order that the last Israelites might have reached the river Euphrates. 9

§ 4. If the seventeenth of Mar-Cheshvan has come without the rain having yet descended, private individuals 10 commence to keep three fast-days, 11 on the preceding nights of which it is lawful to eat and drink, to work [on the fast-day], to bathe, to anoint the body, to wear [leathern] shoes, and to perform the marriage duty.

§ 5. If the new moon of Kislev has arrived without the rain having yet descended, the tribunal of justice [‏בית דין‎] shall order three public and general fast-days, on which it is lawful to eat and drink on the nights preceding them, to work [on the days of the said fasts] to bathe, to anoint the body, to wear [leathern] shoes, and to perform the marriage duty.

§ 6: When these have passed, without their prayers having been favourably answered, the Beth Din shall decree three more public and general fasts, on which it will be lawful to eat and drink on the nights preceding them; but on which it is prohibited to work, to bathe, anoint the body, wear [leathern] shoes, and to perform the marriage duty, the [public] bathing places are also to be closed. Should these fasts also have passed over without their prayers having been favourably answered, the Beth Din shall decree seven more fast-days, which altogether make thirteen public and general fasts, these last fasts differ from the [six] preceding, inasmuch as on them an alarm is sounded [on the shophar], and the shops remain closed, excepting that on Mondays, towards the evening, the shop-shutters [of those who sell articles of food] may be [loosely] leaned on [that is, not fully closed, but in a slanting position], and on Thursdays, they may be entirely taken off, in honour of the [approaching] Sabbath.

§ 7. When these have also passed without their prayers having been favourably answered, they are to lessen or withdraw themselves from engaging in joyful transactions, the erecting of buildings, and planting of gardens for pleasure; from betrothings, weddings, and mutual greetings, like men who are under the displeasure of the Almighty; [pious] private individuals recommence fasting till the end of the month Nissan. When Nissan has elapsed without 12 rain

it must be considered as a curse, for thus it is written [1 Sam. xiii. 17], "Is it not wheat harvest to day? I will call unto the Lord, and he shall send thunder and rain." 13

Footnotes

167:1 See Treatise Succah, chap. II. § 9.

168:2 That is, in express terms, such as, "Grant that the rain may descend," &c., but only as it were incidentally mentioned.

168:3 Namely, he who reads the ‏מוסף‎ [Additional Service]. See our eighth note page 165, Treatise Rosh Hashanah.

168:4 That is, commence to say in the prayers, ‏משיב הרוח ומוריד הגשם‎, "Causing the wind to blow and the rain to descend."

168:5 That is, he who reads the ‏שחרות‎ [Morning Prayers], in the Amidah of which he is not to mention about rain, [‏משיב הרוח‎, &c.]

168:6 That is, ‏משיב הרוח‎ is still said in the Amidah of ‏שחרית‎, but not in the ‏מוסף‎ Prayer.

168:7 The word ‏מר‎ [Mar] prefixed to the name of the month, is to denote the commencement of the rainy season in Palestine, or because the word in signifies "a drop."

168:8 In Palestine the prayer alluded to is that commencing ‏ברך עלינו‎, in which rain is prayed for in express terms.

168:9 This treats of Israelites who used annually to come to Jerusalem to celebrate the festivals, on the termination of which they returned to their homes out of the Holy Land; prayers for rain were not said till fifteen days after the festival, that they might have time to reach the Euphrates [which bounds Palestine towards the north], without being hindered by the rain on their homeward journey.

169:10 Namely, particularly pious individuals, not the general body of the nation.

169:11 Namely, Monday, Thursday, and the following Monday.

169:12 This is translated according to the text of the Mishna; but the corrected readings have ‏ואם וירדו‎ [not ‏ואם ולא ירדו‎], "If Nissan has elapsed and rain falls," &c.: that this is the true reading, is evident from the text adduced as proof, in which the Israelites are threatened with a fall of rain.

170:13 All the preceding texts for rain, apply solely to the Holy Land, and countries of the same climate.

Chapter I

CHAPTER I.

§ 1. The Meguillah 1 is read [sometimes] on the 11th, 12th, 13th, 14th, or on the 15th [of the month Adar], neither earlier nor later. Cities which, from the time of Joshua, the son of Nun, were surrounded with walls, read it on the 15th. 2 Villages and large [open] towns 3 shall read it on the 14th, but inhabitants of villages may read it in advance on the day of assembly. 4

§ 2. How is this [to be understood]? When the 14th happens on Monday, inhabitants of villages and of large [open] towns shall read it on that day, and those of walled cities on the day following. When it happens on Tuesday or Wednesday, the inhabitants of villages shall read it in advance on [the preceding Monday] the day of assembly, those of large [open] towns on that day [viz. on the 14th] and those of walled towns on the day following. 5 When it happens on Thursday, inhabitants of villages and of large [open] towns shall read it on that day, and those of walled towns on the day following. If it happen on Friday, the inhabitants of villages shall read it in advance on [the preceding day] the day of assembly, and those of large [open], and of walled towns, on that day [viz. on the 14th]. When it happens on the Sabbath, inhabitants of villages and of large [open] towns shall read it in advance on [the preceding Thursday,] the day of assembly, and those of walled towns on the day following [the Sabbath]. 6 When it happens on Sunday, inhabitants of villages shall read it on [the preceding Thursday] the day of assembly, and those of large [open] towns on that day [i.e. on the 14th], and those of walled cities on the day following.

§ 3. What must be considered as a large [open] town? Any town in which there are ten unemployed men. 7 Should there be less than that number, it is [legally] considered as a village. It was said with respect to these, that "it may be done sooner, but not later," but the time of the delivery of wood for the priests, 8 the fast on the 9th of Ab, the festive sacrifice, and the day of assembly [of the people], 9 are to be postponed to a later day, but must not be kept before [their proper time] and although it was said [in respect to the reading of the Meguillah] that it may be done earlier, but not later, it is yet permitted on these days to pronounce funeral orations, 10 and to fast on them; also to give the alms [obligatory to be given] to the poor

[paragraph continues] [on Pureem]. R. Jehudah says, "When [is it allowed to read the Meguillah before its proper time]? In places where it is customary [for the country people] to assemble [in the towns] on Mondays and Thursdays; but where that does not take place, it [the Meguillah] may only be read on its proper day."

§ 4. If the Meguillah had been read in the 1st Adar, and the year declared [by the Sanhedrin] to be intercalary, it must be again read in the 2nd Adar. There is no difference between the ‏פורים‎ of the 1st Adar, and that in the 2nd, but the reading of the Meguillah and the gifts to the poor [which are obligatory on the 2nd].

§ 5. There is no difference between the Sabbath and festivals, except the preparation of food. 11 There is no difference between the Sabbath and the day of atonement, excepting that those who knowingly and wilfully profane the Sabbath are punished by man, whilst those who wilfully profane the day of atonement are punished [by God] by utter excision.

§ 6. There is no difference between one who by vow has interdicted himself from receiving any benefit from another, and one whose vow was limited to the interdiction of accepting any food from another, except that it is not lawful for the first to set his foot in the house [or property] of the other, and to borrow vessels [of the other] which are not used for the preparation of food. There is no difference between vows and freewill-offerings, except that in the case of the first mentioned, the person who thus vows is liable for the risk, 12 but he is not liable for the last mentioned.

§ 7. There is no difference between a person labouring under an [involuntary] emission [of semen] who has experienced it twice [on the same day, or on two following days], and one who has experienced it thrice [in the same time, or within three days], excepting that the last mentioned must bring a sacrifice. There is no difference between a leprous person who has only been shut up, 13 and one [whom the priest has] declared as leprous, excepting that the latter must go with rent clothes, and suffer the hair of his head to grow wild. 14 There is no difference between the leper declared clean after being shut up, and one who has been cured of that disease, excepting that the latter must be shaved, and bring offerings of birds.

§ 8. There is no difference between the [Holy] books 15 and Tephilin [Phylacteries] and Mezuzzoth [scrolls placed on the door posts (Deut. vi. 8, 9)], except that the first mentioned may be written in any language, but the latter in Hebrew 16 only. Rabbon Simeon ben Gamaliel says, "The permission to write the [Holy] books [in another language] was limited to the Greek language only."

§ 9. There is no difference between a high priest anointed with the sacred oil, and one whose dignity was marked by additional [sacerdotal] vestments only, 17 except the bull which the first mentioned is to offer, in case he gave a wrong decision, which led to a transgression of a precept 18 [of the law]. There is no difference between an officiating high priest and his late substitute, 19 except the bull offered on the day of atonement, and the tenth of the ephah [of flour] [which the first mentioned, or real high priest, alone might offer].

§ 10. There is no difference between a large high place and a small one, 20 except the paschal offering. 21 This is the rule:—All offerings which are brought in consequence of vows, and all peace-offerings, may be offered on a small high place, but not sacrifices of any other kind.

§ 11. There was no difference between [the tabernacle at] Shiloh and [the temple at] Jerusalem, except that at the former place it was lawful to eat of sacrifices having a minor degree of holiness, and of

the second tithe, in any place from whence [Shiloh] might be seen; but in Jerusalem it was lawful to eat these within the walls only. In both places, however, sacrifices which were most holy 22 might only be eaten within the hangings [of the court of the sanctuary]. The holiness of Shiloh had [subsequently] a period in which it became lawful [to offer sacrifices elsewhere]; but the holiness of Jerusalem has no such period.

Footnotes

180:1 We retain this Hebrew word [which has been already explained above] in order to avoid tedious circumlocutions.

180:2 This was thus ordered, to honour the Holy Land, that they should, even as in Shushan, read the Meguillah on the 15th of Adar.

180:3 Under this term, all open places larger than villages, and all towns not walled in, during the time of Joshua, are here to be understood.

180:4 Namely, on Mondays or on Thursdays, for on these days the country people came to town to attend the markets, or the synagogues in which the law is read on these days, or the tribunals of justice, if they had any lawsuit, as the Beth Din sate on these two days.

181:5 This, as well as the preceding part, refers to the time when messengers were sent out to announce the day of the new moon, on the evidence of witnesses who had seen it, as mentioned in Treatise Rosh Hashanah; but, according to our present calendar, the 14th of Adar [i.e. ‏פורים‎] can never now happen on Monday, Wednesday, or Saturday.

181:6 On Sunday.

181:7 Under this term are designated certain men hired by a Jewish congregation to abstain from work during the hours of prayer in the synagogues, and to attend there at these times, so that there may always be the legal number [minyan] present during the prayers.

181:8 See Treatise Taanith, chap. iv. § 5.

181:9 See Deuteronomy.

181:10 As mourning over, and in praise of, an eminent deceased person.

182:11 Which is allowed on the latter, but not on the Sabbath.

182:12 In case the animal he has vowed to offer should be stolen, have strayed, or otherwise been lost, he will be bound to replace it by another.

182:13 Levit. xiii. 4, &c.

182:14 Levit. xiii. 45.

183:15 Under this term are comprised all the books of the sacred Scriptures, the Pentateuch excepted.

183:16 This is rendered according to the commentary of Rashi. The expression in the original is ‏אשורית‎ [Assyrian], but Rashi derives it from the root ‏אשר‎, "happiness," and applies it as a title given to the Hebrew writing or character quasi a happy or beautiful style of writing.

183:17 This was the case during the latter part of the first, and the whole period of the existence of the second Temple, when high priests were no longer consecrated to their high ministration, by being anointed with the sacred oil.

183:18 See Leviticus iv. 3, and the Commentaries.

183:19 In the original ‏כהן משמש‎, and ‏כהן שעבר‎, by the first designation the actual high priest is understood, who, owing to circumstances which rendered it unlawful for him to minister, had returned to his ministration on the cessation of the impediment. The second expression is applied to the priest who, in the interim, had acted as his substitute.

183:20 High places are the altars on which they used to sacrifice before the erection of the Temple at Jerusalem: by large high places, the public altar; and by small high places, the altars of private persons are meant (See Judges and Samuel, passim).

183:21 And other offerings, for which a particular time is prescribed.

184:22 See Treatise Zebachim.

Chapter I

CHAPTER I.

§ 1. Dry land may be irrigated on the Moed, 1 and also during the Sabbatical year, as well from a fountain that is newly sprung forth, as from one that is not newly sprung forth; but they must not irrigate it with rain-water, nor with water [drawn] from a deep well; nor may they make [dig] trenches [to hold water] round vines.

§ 2. R. Eleazar ben Azariah saith, "They must not make [dig] a fresh trench [conduit, or water course] on the Moed, or during the Sabbatical year." But the sages hold, that a fresh trench [water course] may be dug during the Sabbatical year, and that those [conduits] which are choked up, may be repaired on the Moed. They may [likewise] repair water reservoirs [which are] in the public reshuth, 2 and cleanse them: They may also repair the roads [streets], the market [public] places, and the spring-baths. In short, they may do whatever the exigencies of the public [service] require. They

may mark [whitewash] tombs, 3 and even send out [inspectors] of Kilaim. 4

§ 3. R. Eleazar ben Jacob saith, "They may lead water from tree to tree, provided always the whole orchard be not irrigated; plants which have not imbibed 5 [water] before the Moed, must not be irrigated during the Moed." 6 But the sages permit the one and the other.

§ 4. They may [by means of gins and pit-falls] catch moles and field-mice in orchards and fields, but they must not [do this] in the [usual] way, 7 both on the Moed and during the Sabbatical year. But the sages hold that in an orchard [the vermin may he caught] in the [usual] way, but that in a corn-field [it must] not [be caught] in the [usual] way. During the Moed they may pile [loose stones to stop] a gap 8 [in a fence], but during the Sabbatical year they repair it in the [ordinary] way.

§ 5. R. Meir saith, "Priests make the first inspection of the plague [of leprosy] in order to relieve [the patient], but not to restrict [him]." But the sages decide neither to relieve nor to restrict [in no case is such an inspection to be undertaken during the Moed]. 9 R. Meir [further] saith, "A man may collect the bones of his father and mother [during the Moed, to inter them], because it is a satisfaction to him [relieves his mind]." But R. José saith, "It is a grief to him [afflicts his mind]. Man is not to excite [others to mourn] over his dead, 10 nor hold a funeral oration for thirty days before the festival."

§ 6. They must not dig graves or burial vaults on the Moed, but they may prepare [enlarge] graves [previously dug] on the Moed, and also make a washing pit during the Moed, and a coffin in the same court where the corpse lies. [This, however,] R. Jehudah prohibits, unless the boards have been [previously] provided.

§ 7. They must not espouse wives on the Moed, neither virgins nor widows; nor must they be ‏מיבם‎, 11 as that [the espousal] is a cause of joy to him individually, 12 but he may receive back his own divorced wife. A woman may prepare her ornaments on the Moed. R. Jehudah saith, "She must not apply lime [chalk as a cosmetic], because it [may] disfigure her."

§ 8. An ordinary person [who is not of the craft] may sew [make stitches] in the [regular] way; but the craftsman [whose trade it is to sew, must only do it] zigzag [during the Moed]. They may twine [the ropes in the sacking of] bedsteads. R. José saith, "[They may] only tighten [the ropes]."

§ 9. They may erect an oven, or a hearth, or a mill, on the Moed [for the use of the festival]. R. Jehudah saith, "New millstones must not be chipped." 13

§ 10. A railing [balustrade] may be made round a roof, or gallery [according to the] workmanship of common men, but not [according to the] workmanship of [regular] craftsmen. Rents [in the roof] may also be closed, and [then] smoothened with a roller, 14 or with hand and foot, but not with a trowel. Should the hinges of the door-frame, or the beam, or the lock [of the door], or the key [thereto], have been broken, they may be repaired on the Moed, provided always he does not intentionally put off the repairs till the Moed. All [kinds of] pickled food 15 of which he can eat during the Moed, may be pickled.

Footnotes

192:1 ‏מועד‎, The middle days of Passover and of Tabernacles.

192:2 Vide Mishna, Treatise Sabbath, Introduction.

193:3 In order that they may be distinguished, so that persons avoid contracting uncleanness.

193:4 As such inspectors were sent out at the cost of the public, it was generally done on the middle days of the festivals, because, not having any other work to do, the men hired to act as inspectors were to be had at a smaller charge than at other times of the year.

193:5 Either by rain or by the hand of man.

193:6 Any occupation, the omission of which might cause loss or injury, is permitted during the Moed. R. Eleazar thinks, that as the plants have done hitherto without water, further delay cannot injure them. The sages, however, are of a different opinion.

193:7 Some departure from the usual way of setting a gin, &c. must be adopted.

193:8 Breaches in the wall of an inhabited house may be regularly rebuilt.

193:9 R. Meir thinks the inspecting priest is at liberty to reserve his opinion, should it be unfavourable, so as not to afflict the sufferer. But the sages hold he is bound at once to pronounce his opinion.

193:10 Who have been some time deceased.

194:11 ‏יבם‎, the duty of marrying the childless widow of a deceased brother. Vide Treatise Yebamoth.

194:12 And must not interfere with the general joy arising from the festival.

194:13 Should they be too smooth, so as not to grind, they may not be chipped or sharpened during the Moed.

194:14 According to Bartenora, it must be rendered, "and then smoothened [with hand and foot as if] with a roller."

194:15 Edibles which require to be cured in salt or in vinegar, as fish, colewort, and the like.

Chapter I

CHAPTER I.

§ 1. Fifteen classes of women release themselves, their rivals, 1 and the rivals of these, ad infinitum, from the obligation of Chalitzah and Yeboom; these are [when the widow of the deceased is], (1) the [illegitimate] daughter of the brother, or (2) her daughter, or (3) the daughter of his [illegitimate] son, or (4) his wife's daughter, or (5) her son's daughter, or (6) her daughter's daughter, or (7) his mother-in-law, or (8) the mother of his mother-in-law, or (9) the mother of his father-in-law, or (10) his uterine or maternal sister, or (11) his mother's sister, or (12) his wife's sister, or (13) the widow of his uterine or maternal brother, or (14) the widow of a brother who had not been contemporary with him, 2 or (15) his daughter-in-law. 3 All these release their rivals, and the rivals of these, ad infinitum, from the obligation of Chalitzah and Yeboom. If, however, any of these had died, or refused her consent, 4 or had been divorced, or is unfit for procreation, 5 their rivals may be married by Yeboom; yet, refusal of consent, or of unfitness [to procreate], cannot be applied in respect to his mother-in-law, or the mother of his father-in-law.

§ 2. How is this release of rivals [by the mentioned classes of women] to be understood? When a person's daughter, or one of the mentioned forbidden degrees [of intermarriage] was married to

his brother, who at his decease [without issue] left another wife besides her, then, even as the daughter is released [as he may not marry her], thus also is her rival released. If such a rival of the daughter should marry the second [or other] brother, who at his decease left another wife besides her, then, even as the rival of his daughter is released [as he may not marry the former rival of his daughter], thus does the rival of that rival become also released, and thus in the same manner even if there should be a hundred [brothers]. How is it to be understood that when these have died, it is permitted to marry their rivals by Yeboom? If his daughter, or one of the mentioned degrees prohibited to intermarry, was married to his brother, who had another wife besides, and his daughter had died, or had been divorced before the decease of his brother [to whom she had been married], then is he permitted to marry her by Yeboom. If any of these relatives had been qualified to refuse her consent, and did not refuse, her rival must perform the ceremony of Chalitzah, but cannot be married to her brother-in-law by Yeboom.

§ 3. In the case of the [hereafter to be mentioned] six more rigidly prohibited degrees of relationship, in which the women may be married to others only [viz. to strangers and not to the brothers], it is permitted to him to marry their rivals, after the decease of their husband; viz. his mother's, his father's wife's, his father's sister's, of a sister of father's side, of the wife of his father's brother, and of the wife of his brother by father's side.

§ 4. Beth Shammai permit brothers to marry [by Yeboom] the rivals of women [who are in forbidden degrees of relationship to them]; but Beth Hillel prohibit it. If such had performed the ceremony of Chalitzah, they are disqualified according to Beth Shammai to marry a priest; but Beth Hillel declare them qualified. If the brother-in-law had married any of them [by Yeboom], Beth Shammai permit them, in case they had again become widows, to marry a Cohen; but Beth Hillel prohibit it: and although one school prohibits what the other permits, and one declares as an invalid marriage that which by the other is considered a valid one, yet the disciples of either school did not refrain from intermarrying with each other; and also in respect to those laws of clean and unclean things, in which they differ in opinion, they did not refuse to lend each other vessels to be used for purposes which both schools considered as clean and lawful to be used. 6

Footnotes

201:1 By this appellation, the Mishna designates the several wives of one man, who are called ‏צרות‎ [i.e. troubles, adversaries, or rivals], to each other, inasmuch as Kimchi observes in his Commentary [to 1 Sam. i. 6, where this word occurs], they are most often sources of trouble, jealousy, and vexation to each other.

201:2 This will be explained in the next chapter.

201:3 Namely, the widow of his son, who subsequently had married his [deceased] brother.

201:4 A girl betrothed in her infancy may afterwards refuse to ratify the contract on becoming of age, when she objects to the husband to whom she had been betrothed by her parents, or brothers; see further, chap. XIII. of this Treatise.

201:5 The ‏אילונית‎, by which term the Mishna describes a female whose voice is like that of a man, and whose formation differs in other respects from persons of her sex.

202:6 And with respect to those about which they differed, they used to give each other notice.—Bartenora.

Chapter I

CHAPTER I.

§ 1. A virgin is espoused on the fourth day [of the week], a widow on the fifth; because in towns the Bethdin sits twice a week, [namely] on the second and on the fifth [day], so that should he [the bridegroom] have to complain of non-virginity, he [presents himself] early [the next morning] before the Bethdin.

§ 2. [If the person espoused is] a virgin, her Ketubah is two

hundred dinar; [if] a widow, [it is] a maneh. 2 A virgin [who is] a widow, or divorced, or has performed chalitza, after betrothment [only, the marriage ceremony not having been completed, or the marriage consummated, in all such cases] their Ketubah is two hundred dinar, and they are amenable to the accusation of non-virginity. 3 A proselyte, a captive, and a bondwoman, who have been ransomed, converted, or manumitted at less than three years and one day [old], their Ketubah is two hundred dinar, and they are amenable to the accusation of non-virginity.

§ 3. A minor, 4 with whom an adult [male] has had carnal intercourse, a nubile maiden who has had such intercourse with a minor, 5 and [a virgin] fractured by accident, 6 their Ketubah is two hundred dinar. Such is the dictum of R. Meir: but the sages hold [in the case of a virgin] fractured by accident [that] her Ketubah [is only a] maneh.

§ 4. A virgin [who is] a widow or divorced, or has performed chalitza after espousals [only, the ceremony having been completed, but the marriage not consummated, in all such cases] their Ketubah is a maneh, and they are not amenable to the accusation of non-virginity. A proselyte, a captive, and a bondwoman, who have been ransomed, converted, or manumitted at more than three years and one day [old], their Ketubah is a maneh, and they are not amenable to the accusation of non-virginity.

§ 5. He who in Judea has partaken [of the betrothment meal] at his father-in-law's without [any] witness [present], cannot prefer an accusation of non-virginity, because he was alone with her 7 [the bride]. A widow, whether she be [the daughter] of an Israelite or of a priest has [always] her Ketubah [of] a maneh. The sacerdotal

[paragraph continues] Bethdin fixed the Ketubah for a virgin [of sacerdotal race] at four hundred zooz, but the sages did not [interfere to] prevent them.

§ 6. He who espouses a wife, and discovers she has not her virginity, should she say, "After thou didst betroth me ‏נאנסתי זנסתפחה שדך‎" 8 while he replies, "No, it is not so, but before I had betrothed thee [thou hadst lost thy virginity], consequently my bargain [with thee] was concluded in error:" 9 [in his case] R. Gamaliel and R. Eleazar say, "She is worthy of belief;" but R. Joshua saith, "Not by her assertion are we to be guided: she is presumed to have been deflowered previous to her betrothment, and that she deceived him, unless she adduces proof to [support her assertion]."

§ 7. Should she assert, "I have been fractured by accident," while he replies, "No, thou hast been deflowered by a man," R. Gamaliel and R. Eleazar say, "She is to be believed;" but R. Joshua saith, "Not by her assertion are we to be guided: she is presumed to have been deflowered by a man, unless she adduces proof to [support] her assertion."

§ 8. If she is seen conversing [intimately] with a man in the street, and being asked, "Who is that man?" she replies, "He is A.B., a priest [or of legitimate Israelitish descent]," R. Gamaliel and R. Eleazar say, "She is to be believed;" but R. Joshua saith, "Not by her assertion are we to be guided: she is presumed to have been deflowered 10 by a nethin or a bastard, 11 unless she adduces proof to [support] her assertion."

§ 9. If she is pregnant, and being asked, "by whom?" she replies, "By NN., who is a priest," R. Gamaliel and R. Eleazar say, "She is to be believed;" 12 but R. Joshua saith, "Not by her assertion are we to be guided: she is presumed to be pregnant by a nethin or a bastard, unless she adduces proof to [support] her assertion."

§ 10. R. José said, "It [once] happened that a girl went down

to draw water from the fountain, and she was violated [by a person unknown]." R. Jochanan ben Nouri decided, "That if the majority of the townsmen were [of pure descent and] qualified to intermarry with the sacerdotal race, this girl might be espoused by a priest."

Footnotes

242:2 One hundred dinar; the same proportion is observed whatever be the description of coin named in the Ketubah.

242:3 Vide Deut. xxii. 13–21. If sustained it deprives them of their Ketubah.

242:4 A girl less than three years and one day old.

242:5 A boy less than nine years and one day old.

242:6 The expression of the text is ‏מכת עץ‎, one struck by a tree or wood; it means a maiden bruised or fractured [from any cause other than coition], so that the signs of virginity have disappeared.

242:7 In Judea the custom was for the father-in-law to make a repast at the time of betrothing, during which bride and bridegroom were left alone. This was done to accustom them to each others society; but the law presumes that he abused the opportunity, and therefore has no right to complain.

243:8 A figurative expression, denoting that her person (which is his possession) has become defiled.

243:9 If she was violated subsequent to the betrothment, she does not forfeit her Ketubah; whereas if it happened previously, her concealing it is held to be a fraud practised upon him, the contract which he concluded in error becomes void, and she forfeits her whole Ketubah.

243:10 A striking instance of the rigid seclusion to be observed by women in the East, and the jealous suspicions to which they are subject.

243:11 Vide Treatise Yebamoth, ch. II., § 4, note 1.

243:12 In which case she and her child—if a daughter—might marry priests, which otherwise they cannot do.

Chapter I

CHAPTER I.

§ 1. It is necessary that a messenger who, from a foreign country, 1 brings a Get [from a husband to his wife], should declare, "This document was written and signed in my presence." 2 Rabbon Gamaliel saith, "[It is necessary that this declaration should be made] even [when it was brought] from [the villages] Rakam and Chagar." R. Eleazar saith, "Even from the village of the Luddites to Lud [Lydda]." 3 But the sages hold, "That only when a person brings a Get from a place beyond sea, or carries it thither, that he is bound

to declare, 'It was written and signed in my presence.' And the same must be declared by a messenger who, in a country beyond sea, brings a Get from one province to another." Rabbon Simeon ben Gamaliel saith, "Also by one who only brings it from one lordship [jurisdiction] to another [jurisdiction]."

§ 2. R. Jehudah [considers as beyond the limits of Palestine] from Rakam and beyond [Rakam included] all places towards the east, from Ascalon and beyond [including that place] every part towards the south. From Acco and beyond [Acco included] every place towards the north. 4 But R. Meir is of opinion "That Acco must, in respect to Get, be considered as an integral part of the Holy Land."

§ 3. Whoever brings a Get within the limits of the Holy Land, need not declare, "It was written and signed before me," but if any demur is made, its validity must be proved by the signatures [of the attesting witnesses]. Should a messenger bring a Get from a place beyond sea, and is not able to testify that it was written and signed in his presence, its validity must be proved by the signatures of the attesting witnesses.

§ 4. Both Gittin of women and deeds of manumission for slaves, are alike in respect to the person who brings them from, or carries them to [a distant country], 5 and this is one of the points in which the laws respecting Gittin and deeds of manumission are alike.

§ 5. All legal documents, on which the attestation of a Samaritan witness appears, are void, Gittin and deeds of manumission excepted. It once happened that a Get was brought to Rabbon Gamaliel in the village Otnay, which was attested by Samaritans, which he nevertheless declared to be a valid instrument. All legal documents made in courts of justice of non-Israelites are valid, even when the attesting witnesses are not Israelites, Gittin and deeds of manumission excepted. R. Simeon declares these also to be valid, the contrary was only mentioned to apply to the case when they were prepared in an extra judicial manner.

§ 6. When a person says, "Give this Get to my wife, or this deed of manumission to my slave," he can, if he repents of his purpose, take it back. 6 Such is the dictum of R. Meir, but the sages hold

[paragraph continues] "That this is only allowable with a Get, and not with a deed of manumission, because it is permitted to confer advantages on a person in his absence, but not to deprive him of any advantage, except in his presence; for, if a person refuses to maintain his slave, he may do so, but he may not refuse maintenance to his wife." He [R. Meir] thus argued to them: "Does he not surely disqualify both his slave and wife from the right of eating heave?" 7 But they [the sages] replied, "It is because the slave is the priest's property [and is considered in the same light as his cattle] that he has a right to eat of the heave." 8 Should a person say, "Give this Get to my wife, and this deed of manumission to my slave," and dies [before it was delivered], they may not be delivered to the parties mentioned after his decease; but if he said, "You are to give a maneh to A.B.," and dies, that money must be paid [to the legatee].

Footnotes

280:1 In the original ‏מדינת הים‎, "provinces or countries [beyond] sea." All countries with the exception of Palestine are thus called, but it relates more especially to the countries situated beyond its line of sea-coast or western frontier, which is bounded by the Mediterranean.

280:2 Because it is supposed that it is only in Palestine where it is generally known that a Get, to be a valid instrument, must be written and signed in the presence of the messenger, if it is intended to send it to another place.

280:3 The mentioned places are on the eastern frontier of Palestine, and are known in Scripture by the names of Kadesh and Bared [see Targum on Gen. xvi. 14]. The two last-mentioned places are also situated near the northern frontier of Palestine.

281:4 It was unnecessary to assign the western limit, as the Mediterranean forms its natural and well-defined boundary.

281:5 Viz., that this messenger must make the above mentioned declaration, "This document was written and signed in my presence."

281:6 That is, before the slave or woman had received it.

282:7 In case the husband or master is a priest, when the slave is disqualified to eat heave the moment he is manumitted, and the wife as soon as she is divorced; consequently a disability is imposed on them, and both are here damnified.

282:8 And the advantage he gains by his manumission, by being raised in the scale of human society, does amply compensate for the prohibition of eating heave after becoming a freeman. Consequently `no disadvantage is imposed on him.

Chapter I

CHAPTER I.

§ 1. A wife is acquired in three ways, and may recover her liberty 1 in two ways. She is acquired by money, by a marriage contract, or through carnal connection [with her]. 2 What sum of money is required [for the mentioned purpose]? According to Beth Shammai, "It must not be less than a denarius [‏דינר‎] or its value;" 3 but according to Beth Hillel, "It is sufficient if it be a ‏פרוטה‎, or the value

thereof." What is the value of a ‏פרוטה‎? The eighth part of an Italian asser [‏איסר איטליקי‎]. 4 She regains her liberty by a Get [letter of divorce], and the death of her husband. A woman whose husband died without issue, and who is left to a brother-in-law to be married by him according to the laws of Yeboom, is fully acquired by the brother-in-law as a wife by carnal connection with her. She regains her liberty either by performing the ceremony of Chalitzah, or by the death of her brother-in-law.

§ 2. A Hebrew slave becomes his master's property by money paid for his purchase, or by virtue of a contract, and recovers his liberty by [the termination of his] years [of servitude], by the Jubilee, and by the decrease in the value of his original purchase money through his servitude. 5 A Hebrew bondwoman's rights are more extensive than those of the Hebrew bondman, inasmuch as she regains her liberty when she produces the signs [of puberty]. A slave, who after six years of service wishes to remain with his master, is acquired by the latter through the act of piercing the slave's ear [Exod. xxi. 6], and recovers his liberty by the Jubilee, or the death of his master.

§ 3. A Canaanite slave is acquired by money paid for his purchase, a contract, or by any act of the slave indicative of his subjection, 6 and can, according to R. Meir, recover his liberty by his purchase money being repaid to his master by other people, and by a deed of manumission which he himself receives. But the sages say, "Also when the purchase money is repaid by himself, or the deed of his manumission was received by others; but the money must be given to him for that purpose by other people." 7

§ 4. Large cattle are acquired by the delivery [of the animal from the seller to the buyer], and small cattle by raising them. Such is the dictum of R. Meir and R. Eleazar; but the sages decide, "That

the legal acquisition of small cattle is by their being driven away [by or for the buyer]."

§ 5. [Immoveable] property on which a lender has a retrogressive or permanent right, 8 is acquired by purchase money, deed of sale, or taking possession. [Moveable] property which does not afford that security to a lender, is acquired by being removed by the purchaser. Property of the description last mentioned is acquired along with other property which does afford permanent security, through the payment of the purchase money, by a deed of sale, or taking possession. Yet, property which does not afford that security, can cause its owner to take an oath on account of the mentioned immoveable property. 9

§ 6. In all things the value of which must be reduced into money, 10 as soon as one person has taken possession of the property he has received in barter, the other party acquires a property in that for which he exchanged it, as for instance: If a person bartered [with anc. her] an ox for a cow, or an ass for an ox, as soon as one party has taken possession of the article bartered, the other becomes possessed of the thing received in exchange, and is liable to any risk appertaining thereto. The right of property is secured to the Sanctuary as soon as the purchase money [for the article bought] is paid; but that of private persons, only when they have taken actual possession. A promise of property to the Sanctuary 11 is equivalent to the delivery to a private person. 12

§ 7. All duties which it is incumbent on a father to do for his son, 13 are incumbent on males only, but not on females; but the obligation of all duties from a son to his father 14 is incumbent on both sexes. The observance of all affirmative precepts of the law, the

performance of which is limited to a certain time, are incumbent on males, and not on females; and all affirmative precepts, the performance of which is not limited to a certain time, are obligatory on both sexes. All negative precepts, whether their performance does or does not depend on time, are obligatory on both sexes, except the precepts not to destroy [the beard] (Lev. ix. 27), not to cut round the corners of the hair (ibid.), and against contamination from a dead body [which, either do not apply to, or are not obligatory on, females].

8The imposition of hands [on animals about to be sacrificed], the wavings [of offerings], the bringing [meat-offerings] to the altar, the taking of the handful of flour thereof, the burning of incense, the wringing or pinching off the heads of birds [brought as sacrifices], the sprinklings and receiving of the blood [of sacrifices] are obligatory on males only, and not on females, 15 except the meat-offering of a suspected adultress and of a woman who had taken the vow of a Nazarite, which these women must wave [personally].
§ 9. Every precept which especially applies to the soil of the land of Israel 16 is obligatory only within the land of Israel, but those which do not especially apply to that land 17 are obligatory in and out of Palestine, except the precept of "Orlah" 18 and "Kilaim." 19 R. Eleazar saith, "Also the prohibition to eat of the new corn." 20 § 10. Whoever duly observes the commandment of the law will receive happiness from heaven; his days will be prolonged, and he shall hereafter inherit felicity in the land of eternal bliss. But he who does not perform any commandment will not receive happiness from heaven, his days will not be prolonged, nor shall he hereafter inherit felicity in the land of eternal bliss. Whoever is versed in the law, in the Mishna [oral law], and the usages of civilized society will not easily fall into sin, as it is written, "A threefold cord is not easily broken" [Eccl. iv. 12]; and those who are ignorant of the written and oral law, and also of good morals, are unfit for human society.

Footnotes

306:1 To dispose of herself, and marry again.

306:2 That is, when he says, "Behold thou art wedded to me with this connection," &c. Although such a marriage is a legal one, and cannot be dissolved, except by a Get or the death of the parties, yet the man who thus marries, is, as a transgressor against morality and decency, punishable by the Tribunal with the infliction of ‏מכת מרדות‎, or, "stripes for rebellion."

306:3 This is calculated to be equal to ninety grains of pure silver.

307:4 Bartenora explains in chap. iv. of ‏עדויות‎, and in chap. vii. of ‏כלים‎, that this is Italian Greece, now called Calabria, which was anciently colonised by the Greeks, and called by them Megala Hellas, or Magna Græcia [Great Greece]. The value of a ‏פרוטה‎ is only half a grain of pure silver.

307:5 A Hebrew bondwoman or slave has a right to redeem herself at any time, by refunding to her master the proportion of the original purchase money due for services not yet performed; ex. gr. If sixty pieces were paid for six years' servitude, the slave may after three years repurchase his liberty for thirty pieces.

307:6 That is, personal services to the master, such as tying or untying his shoes, &c.

307:7 Because, otherwise it becomes the master's property.

308:8 Which confers on the lender of a mortgage an inalienable right as far as he is concerned, and until he is paid; for should the borrower sell the property, the lender has a right to take it from the buyer, and thus it always retrogresses to the lender.

308:9 Although no oath is taken for immoveable property only.

308:10 Namely, all things that are exchanged for others, except coin.

308:11 When a man says, "This ox, or sheep, &c. I consecrate to the Sanctuary."

308:12 Which completes the bargain, and the seller is no longer at liberty to repent of his bargain.

308:13 They are:—1, to circumcise him;—2, to redeem him, if a firstborn;—3, to instruct him, or have him instructed in the Holy Law;—4, to teach him [or have him instructed] in a trade or handicraft;—5, to marry him at a proper age;—and 6, to have him taught the art of swimming.

308:14 Viz. to honour and fear him.

309:15 Because the Scripture mentions these commands in the masculine gender, ‏וסמך ידו וקמץ והגיש‎ &c.

309:16 Such as the obligation of tithe heave, the agrarian rest during the Sabbatical year, &c.

309:17 As the observance of the Sabbath, ‏תפילין‎, circumcision, &c.

309:18 Vide Leviticus xix. and Treatise Orlah.

309:19 Ibid. and Treatise Kilaim.

309:20 Before it was offered in the temple.

Chapter I

CHAPTER I.

§ 1. All persons are qualified to slaughter [animals allowed to be eaten], and what has been properly slaughtered by them may be lawfully eaten. Deaf and dumb, or demented persons, or minors, are, however, excepted from this rule, because they are liable to make mistakes in slaughtering. That which was slaughtered by a heathen must be considered as Nebelah, 1 and like that pollutes the person who carries it. 2 When the slaughtering was done by night [i.e., in the dark], or by a blind person, it is Cashér. 3 If a person slaughtered on the Sabbath or on the Day of Atonement, although he has by that act forfeited his life, yet what he has slaughtered is Cashér.

§ 2. When a person had cut the throat [of an animal] with a hand sickle, 4 a sharp flint stone, or with a reed, it is Cashér. All 5 may slaughter, at any time, and with any instrument, excepting a reaping hook, a saw, the [sharp] teeth [of animals fixed in the maxillary bone], or with the finger nail, 6 because the [first mentioned three] do not cut, but strangle [and tear]. When a person slaughtered an animal with a reaping hook, having teeth or notches, with the first or down stroke or cut only, 7 it is unfit for use according to Beth Shammai, but Beth Hillel hold it to be Cashér; but if the teeth of the reaping hook had been ground away [so as to give it a sharp and even edge] it is the same as a knife.

§ 3. Should a person have to cut through the great or top ring of the trachea or windpipe, that but the width of a thread of the whole circumference of the ring remained [on the upper part], the animal

so killed is Cashér. R. José bar Jehudah saith, "It is Cashér when the greatest part of this breadth remained." 8

§ 4. An animal which was slaughtered by being cut at either side of the throat is Cashér, but if the neck of a bird brought as a sacrifice was wrung off 9 sideways, it is thereby rendered an unfit sacrifice. If an animal was cut from the neck downwards, 10 it becomes unlawful for use, but a bird whose neck was thus wrung is a valid sacrifice. An animal which was cut below the throat is Cashér, but the wringing off of birds’ heads from below the throat render them unfit sacrifices, because the whole region of the neck is appropriate for the wringing off of the head [of birds], and the whole region of the throat for slaughtering [animals], therefore whatever [in respect to cutting] renders an animal Cashér, must render a bird thus treated an unfit sacrifice, and the same in the reverse case.

§ 5. That which makes turtle-doves proper sacrifices, 11 renders young pigeons improper ones, and whilst these are valid as young pigeons, they cannot be used as sacrifices of turtle-doves. When the neck feathers of either kind begin to shine and to turn yellow, they are unfit sacrifices. 12

§ 6. That which constitutes a [red] heifer a proper sacrifice, invalidates the calf [whose neck was to be broken 13], and also the reverse. 14 That which does not disqualify priests 15 [to minister in the Temple] disqualifies Levites, and the reverse. That which is [legally] clean in earthenware vessels, 16 renders other vessels unclean,

and the reverse takes place in other kinds of vessels. 17 That which is considered [legally] clean in a wooden vessel 18 is unclean in one of metal, and the reverse. The degree of ripeness which subjects bitter almonds to tithe, does not yet subject sweet almonds to the same; 19 and when the latter become subject, the bitter ones are already free from the obligation of tithe. 20

§ 7. An infusion of water on grape lees which has not yet fermented, may not be bought for the money of second tithe, 21 and renders a bath, however, unfit [for legal cleansing]; 22 but when it has fermented it may be purchased for the money of second tithe, and its admixture does not render a bath unfit 23 Brothers who, after sharing the inheritance from their parents, have entered into partnership, are not bound to pay the tithe of cattle while they are liable to the Kalbon, 24 but whilst they are liable to the payment of cattle-tithe they are not subject to the Kalbon. While the right of sale is vested in the father [who may during the minority of his daughter sell her as a handmaid] no fine can be imposed, 25 and when damages can be legally claimed the right of sale ceases. Whilst the right of refusal is in force 26 Chalitzah does not take place, 27 and when that ceremony

is performed the right of refusal is no longer applicable. When the cornet is sounded 28 no Habdallah is said, and when that is said the cornet is not sounded. When a festival happens on the eve of the Sabbath the cornet is sounded, but the Habdallah is not said. If on the day after the Sabbath, it is said, but the cornet is not sounded. What is the form of the [prayer] Habdallah? [Blessed art thou, &c.] "who makest a distinction between holy and holy;" but according to R. Dosa, "who makest a distinction between the greater and minor degrees of holiness."

Footnotes

325:1 That is, an animal which died of itself, and of which it is prohibited to eat.

325:2 See Treatise Kelim, chap. I. § 2.

325:3 By this is indicated that which is fit to eat, or rather, what may be lawfully eaten. As we shall have frequent occasion to mention this word, we shall, to avoid periphrase, retain this Hebrew term, as also the terms Nebelah and Terefá, explained above.

325:4 An instrument, one side of which is sharp and the other notched.

325:5 That is, even an Israelite who was guilty of many transgressions of the law, excepting if he were guilty of idolatry or the public profanation of the Sabbath.

325:6 Whilst attached to the person.

325:7 That is, without the second or returning cut, consequently he does not lacerate.

326:8 Towards the head, even if the ring had not been cut throughout the whole of its circumference.

326:9 Lev. i. 15.

326:10 That is, if the incision was made on the top of the neck, through the vertebra, before the knife reached the gullet and windpipe.

326:11 Viz., their age.

326:12 The young pigeons, because they are then too old, and the turtle-doves, because they are yet too young.

326:13 As an expiation for uncertain murder. (See Deut. xxi.)

326:14 That is, the red heifer must have its throat cut in the prescribed form, but the calf must have its neck broken or struck off.

326:15 Viz., age. For priests are not disqualified to minister in the temple but on account of having contracted a corporeal blemish. This does not disqualify Levites, but their age disqualifies them, for when they have attained the age of fifty they are no longer to be employed in the active service of the Temple. (See Numbers viii. 25.)

326:16 Viz., when any creeping or unclean thing had touched the external surface of an earthenware vessel it does not contract pollution, but other vessels do contract it under the mentioned circumstance.

327:17 Should any thing unclean have entered the cavity of a vessel without touching it in any part, an earthen vessel is unclean, but any other kind of vessel remains clean.

327:18 Wooden utensils do not contract pollution when level, but they do when they are hollowed out, though yet in an unfinished state. Metal vessels, however, contract pollution in a finished state only, whether they are hollow or level.

327:19 Because they are not yet edible.

327:20 Because they are only subject to the payment of tithe while they are edible, which is when they are small and not full grown.

327:21 Because it is only water. (See Treatise Maaser Sheni, chap. II. § 5.)

327:22 When a quantity of three lugs and upward of it had been mixed with the waters of a bath not containing forty seahs.

327:23 Because it is considered as wine, and does not otherwise render a bath unfit except when it discolors the water.

327:24 That is, the agio, or premium paid to a money changer for the accommodation of receiving half-shekels, wherewith to pay the annual contribution for the offerings of the temple. (See Treatise Shekalim, chap. I. §§ 6 and 7.)

327:25 Upon a person who violated or seduced her. (See Treatise Ketuboth, chap. III. § 8, note 11.)

327:26 This relates to a female, who, in her minority, had been betrothed by her mother and brothers, and, on becoming nubile, refuses to ratify the engagement they entered into for her. (See Treatise Yebamoth, chaps. I. and II.)

327:27 That is, a widow need not wait to remarry under the mentioned circumstances p. 328 till her brother-in-law has received Chalitzah from her, for she can make use of her right of refusal.

328:28 On the eves of the Sabbath and festivals, when the cornet was thrice sounded, as mentioned in Treatise Succah, chap. V. § 5.

Chapter I

CHAPTER I.

§ 1. A quarter lug of water is poured on [the hands of] one person, also on [the hands of] two 4 [persons], half a lug on three or four, a whole lug and upwards on five, or ten, or even one hundred [persons]. 5 R. José saith, "Provided always, there be not less for the last [person using the water] than a quarter [of a lug]." They

may add 6 [water] for the second [ablution], but they must not add [any] for the first.

§ 2. From all [kinds of] vessels they may pour on the hands, even from vessels [made] of cow-dung, or vessels of stone, or of earth. But they must not pour [water] on the hands out of the sides [fragments] of a vessel, or the bottom of a tub, or the bung of a cask: nor [must a man] give to his neighbour [water] out of the hollow of his [own] hand, because they must not draw, or consecrate, or sprinkle the water of purification, 7 or pour [water] on the hands, except [it be] in a vessel. [In cases of uncleanness arising from the tent] 8 they cannot preserve [therefrom], by means of a close cover, [any utensils] except [whole] vessels [only]; nor can they preserve [the contents of] an earthen vessel, [into which a dead reptile has fallen, from contracting uncleanness], except [closed] utensils [only]. 9

§ 3. Water which [on account of its bad smell] is unfit for [domestic] animals to drink, is unfit [for ablution, if contained] in [any kind of] vessels; but on the ground [in a ditch], it is fit [for ablution, by immersing the hands therein]. Should ink, gum, or vitriol black drop into it [the water], so that its colour be changed, it becomes unfit [for ablution]. If it has been used for any purpose, or he [a man] has soaked his bread therein, it [the water] becomes unfit [for ablution]. Simeon, the Temanite, said, "[What!] even though he intended to soak something in one vessel and it dropped into another? [No] it continues fit [for ablution]."

§ 4. Has he rinsed vessels therein [the water], or [used it] to rinse out measures, it becomes unfit; but if he rinsed therein vessels which already had been rinsed [clean], or new ones, [the water so used] continues fit [for ablution]. R. José prohibits it[s use] in [the case of] new vessels.

§ 5. Water in which the baker has dipped rolls is unfit [for ablution], but has he only dipped his hands therein it continues fit. All are qualified to pour water on [other persons’] hands, even the deaf and dumb, idiot or minor. A man may hold a cask between his knees to pour the water [over his hands]. An ape may pour water

on [a person's] hands. R. José declares these two [last-mentioned modes of pouring water on the hands as legally] improper.

Footnotes

357:4 This, according to Maimonides, only applied to second ablutions.

357:5 This hyperbole is used to express any indefinite number.

358:6 Should the vessel not contain water sufficient for a proper ablution.

358:7 Vide Numbers xix. 13, and Treatise Parah [the red heifer].

358:8 Vide Numbers xix. 14, and Treatise Oholoth [of tents].

358:9 Food or beverage of any kind, contained in a vessel into which a dead reptile has fallen, becomes unclean; but close vessels which may be therein contained do not become unclean.

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